Texas Statutes

Statutes of the State of Texas (selected codes). 43891 sections.

Agriculture

Chapter 1

  1. Tex. Agriculture Code Sec. 1.001. PURPOSE OF CODE.

  2. Tex. Agriculture Code Sec. 1.002. CONSTRUCTION OF CODE. The Code Construction Act (Chapter 311, Government Code) applies to the construction of each provision in this code, except as otherwise expressly provided by this code.

  3. Tex. Agriculture Code Sec. 1.003. DEFINITIONS. In this code:

  4. Tex. Agriculture Code Sec. 1.004. PREEMPTION. Unless expressly authorized by another statute, a municipality or county may not adopt, enforce, or maintain an ordinance, order, or rule regulating conduct in a field of regulation that is occupied by a provision of this code. An ordinance, order, or rule that violates this section is void, unenforceable, and inconsistent with this code.

Chapter 2

  1. Tex. Agriculture Code Sec. 2.001. DEFINITIONS. In this chapter, "agriculture" means:

  2. Tex. Agriculture Code Sec. 2.002. FINDINGS. The legislature finds that:

  3. Tex. Agriculture Code Sec. 2.003. POLICY.

  4. Tex. Agriculture Code Sec. 2.005. POLICY: BISON. The agricultural policy of this state must recognize that bison:

  5. Tex. Agriculture Code Sec. 2.006. POLICY: PROTECTION OF STATE FROM CERTAIN PESTS AND DISEASES.

  6. Tex. Agriculture Code Sec. 2.007. POLICY: AQUACULTURE.

Chapter 11

  1. Tex. Agriculture Code Sec. 11.001. DEPARTMENT; COMMISSIONER. The Department of Agriculture is under the direction of the commissioner of agriculture, who is responsible for exercising the powers and performing the duties assigned to the department by this code or other law.

  2. Tex. Agriculture Code Sec. 11.002. HEADQUARTERS. The department headquarters are in Austin.

  3. Tex. Agriculture Code Sec. 11.003. SUNSET PROVISION. The Department of Agriculture is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the department is abolished September 1, 2035.

  4. Tex. Agriculture Code Sec. 11.004. ELECTION AND TERM OF COMMISSIONER. The commissioner is elected for a term of four years.

  5. Tex. Agriculture Code Sec. 11.005. QUALIFICATIONS.

  6. Tex. Agriculture Code Sec. 11.007. DEPUTY COMMISSIONER.

  7. Tex. Agriculture Code Sec. 11.008. FUNDS OF THE DEPARTMENT. Except as otherwise provided by law, all money paid to the department is subject to Subchapter F, Chapter 404, Government Code.

Chapter 12

  1. Tex. Agriculture Code Sec. 12.001. EXECUTION OF LAWS. The department shall execute all applicable laws relating to agriculture.

  2. Tex. Agriculture Code Sec. 12.0011. AUTHORITY TO ENTER INTO COOPERATIVE AGREEMENTS. To carry out its duties under this code, the department may enter into cooperative agreements with:

  3. Tex. Agriculture Code Sec. 12.0012. NOTIFICATION. The department shall, upon submission for publication, notify the Texas Division of Emergency Management of each quarantine it adopts. The department shall thereafter cooperate with the Texas Division of Emergency Management in implementing any necessary safeguards to protect the state's agricultural resources from potential economic, health, or ecological disaster that may result from the quarantined pest or disease.

  4. Tex. Agriculture Code Sec. 12.002. DEVELOPMENT OF AGRICULTURE. The department shall encourage the proper development and promotion of agriculture, horticulture, and other industries that grow, process, or produce products in this state.

  5. Tex. Agriculture Code Sec. 12.0025. NUTRITION PROGRAMS. The department shall administer the following federal and state nutrition programs:

  6. Tex. Agriculture Code Sec. 12.0026. INTERAGENCY FARM-TO-SCHOOL COORDINATION TASK FORCE.

  7. Tex. Agriculture Code Sec. 12.0027. NUTRITION OUTREACH PROGRAM.

  8. Tex. Agriculture Code Sec. 12.0028. LIMITATION ON SANCTIONS IMPOSED ON SCHOOL DISTRICTS FOR SALE OF FOODS OF MINIMAL NUTRITIONAL VALUE.

  9. Tex. Agriculture Code Sec. 12.0029. SUMMER NUTRITION PROGRAMS.

  10. Tex. Agriculture Code Sec. 12.003. AGRICULTURAL SOCIETIES. The department shall encourage the organization of agricultural societies.

  11. Tex. Agriculture Code Sec. 12.006. DEVELOPMENT OF DOMESTIC AND FOREIGN MARKETS. The department shall investigate and report on the question of broadening the market and increasing the demand for cotton goods and all other agricultural or horticultural products in the United States and foreign countries. The department shall compile information beneficial to farmers, including information pertaining to:

  12. Tex. Agriculture Code Sec. 12.007. PLANT DISEASES AND PESTS. The department shall investigate the diseases of crops grown in this state, including grain, cotton, and fruit, to discover remedies. The department shall also investigate the habits and propagation of insects that are injurious to the crops of the state and the best methods for their destruction. The department shall supervise the protection of fruit trees, shrubs, and plants as provided by law.

  13. Tex. Agriculture Code Sec. 12.010. CORRESPONDENCE WITH GOVERNMENT AGENCIES AND OTHERS. The department shall correspond with the United States Department of Agriculture, with the agriculture departments of the other states and territories, and, at the option of the department, with the agriculture departments of foreign countries and representatives of the United States in those countries, for the purpose of gathering information that will advance the interests of agriculture in the state. For the same purpose, the department may correspond with organizations and individuals whose objective is the promotion of agriculture in any branch.

  14. Tex. Agriculture Code Sec. 12.011. AGRICULTURAL RESOURCE STATISTICS. The department shall collect and publish statistics and other information relating to industries of this state and other states that the department considers beneficial in developing the agricultural resources of this state.

  15. Tex. Agriculture Code Sec. 12.013. EMPLOYEES.

  16. Tex. Agriculture Code Sec. 12.0135. CONFLICT PROVISIONS.

  17. Tex. Agriculture Code Sec. 12.0144. FEE SCHEDULE. The department shall by rule adopt a schedule for all fees set by the department under this code. Except for those activities exempted in the General Appropriations Act, the department shall set fees in an amount which offsets, when feasible, the direct and indirect state costs of administering its regulatory activities.

  18. Tex. Agriculture Code Sec. 12.0145. SUBMISSION OF PROPOSED FEE SCHEDULE. The department shall include, as part of each request for legislative appropriations submitted to the Legislative Budget Board, a proposed fee schedule that would recover all direct costs of administering each regulatory program of the department except a regulatory program exempted by the department because increased cost recovery would be contrary to the program's purpose.

  19. Tex. Agriculture Code Sec. 12.015. COOPERATION WITH TEXAS A & M UNIVERSITY AND EXPERIMENT STATIONS. This chapter does not affect the scope or character of the work of Texas A & M University or of the agricultural experiment stations, and the department shall cooperate with them in all matters relating to the agricultural and horticultural interests of the state.

  20. Tex. Agriculture Code Sec. 12.016. RULES. The department may adopt rules as necessary for the administration of its powers and duties under this code.

  21. Tex. Agriculture Code Sec. 12.0175. "GO-TEXAN" PROGRAM.

  22. Tex. Agriculture Code Sec. 12.0176. COOPERATION WITH CERTAIN COMMODITY PRODUCERS BOARDS.

  23. Tex. Agriculture Code Sec. 12.0177. TEXAS NURSERY AND FLORAL ACCOUNT. Amounts collected under Sections 71.043(b)(2) and 71.057(e)(2) shall be deposited to the credit of the Texas nursery and floral account. The Texas nursery and floral account is an account in the general revenue fund. Money in the account may be used only by the department for:

  24. Tex. Agriculture Code Sec. 12.018. TESTING.

  25. Chapter 14

  26. Chapter 153, Natural Resources

  27. Chapter 1951, Occupations Code

  28. Section 91.009

  29. Tex. Agriculture Code Sec. 12.020. ADMINISTRATIVE PENALTIES.

  30. Tex. Agriculture Code Sec. 12.0201. LICENSE SANCTIONS.

  31. Tex. Agriculture Code Sec. 12.0202. ADMINISTRATIVE HEARINGS. If the department proposes to suspend, revoke, or refuse to renew a person's license, the person is entitled to a hearing conducted by the State Office of Administrative Hearings. Proceedings for a disciplinary action are governed by Chapter 2001, Government Code. Rules of practice adopted by the department under Section 2001.004, Government Code, applicable to the proceedings for a disciplinary action may not conflict with rules adopted by the State Office of Administrative Hearings.

  32. Tex. Agriculture Code Sec. 12.0203. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION.

  33. Tex. Agriculture Code Sec. 12.0204. ADVISORY COMMITTEES.

  34. Tex. Agriculture Code Sec. 12.0205. COORDINATION OF CONSUMER PROTECTION ENFORCEMENT WITH OFFICE OF ATTORNEY GENERAL.

  35. Tex. Agriculture Code Sec. 12.021. FEE FOR PHYTOSANITATION INSPECTION; ISSUANCE OF CERTIFICATE. The department shall collect an inspection fee, as provided by department rule, for a phytosanitation inspection required by foreign countries or other states for agricultural products, processed products, or equipment exported from this state. The department may issue a phytosanitary certificate on completion of the inspection.

  36. Tex. Agriculture Code Sec. 12.022. AUTHORITY TO SOLICIT AND ACCEPT GIFTS, GRANTS, AND DONATIONS. The department may solicit and accept gifts, grants, and donations of money, services, or property from any person. Money received by the department under this section may be expended or distributed for any public purpose related to the department's duties.

  37. Tex. Agriculture Code Sec. 12.023. EXPIRATION OF REGISTRATION OR LICENSES. The department by rule shall adopt a system under which registrations or licenses required by the department, including licenses issued under Chapter 1951, Occupations Code, expire on various dates during the year. The department may increase or decrease the term of an initial or renewal license or registration so that all licenses held by a person or a group of license holders expire on the same date. For the period in which the registration or license expiration date is changed, registration or license fees shall be prorated on a monthly basis so that each registrant or licensee pays only that portion of the fee that is allocable to the number of months during which the registration or license is valid. On the next renewal of the registration or license, the total renewal fee is payable.

  38. Tex. Agriculture Code Sec. 12.024. LATE RENEWAL OF LICENSE OR REGISTRATION.

  39. Tex. Agriculture Code Sec. 12.025. PROGRAM ACCESSIBILITY PLAN. The department shall comply with federal and state laws related to program and facility accessibility. The commissioner shall also prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the department's programs and services.

  40. Tex. Agriculture Code Sec. 12.026. PUBLIC INTEREST INFORMATION.

  41. Tex. Agriculture Code Sec. 12.02601. COMPLAINTS.

  42. Tex. Agriculture Code Sec. 12.0261. ADMINISTRATIVE PROCEDURE. The department is subject to Chapter 2001, Government Code.

  43. Tex. Agriculture Code Sec. 12.027. ECONOMIC DEVELOPMENT PROGRAM.

  44. Tex. Agriculture Code Sec. 12.0271. RURAL ECONOMIC DEVELOPMENT AND INVESTMENT PROGRAM.

  45. Tex. Agriculture Code Sec. 12.0272. TEXAS ECONOMIC DEVELOPMENT FUND.

  46. Tex. Agriculture Code Sec. 12.0273. LIMITATIONS ON LOANS AND GRANTS FROM TEXAS ECONOMIC DEVELOPMENT FUND.

  47. Tex. Agriculture Code Sec. 12.028. COMPETITIVE BIDDING OR ADVERTISING.

  48. Tex. Agriculture Code Sec. 12.029. MINORITY AND FEMALE-OWNED BUSINESS CONTRACTS.

  49. Tex. Agriculture Code Sec. 12.031. ADVERTISING, PUBLICATIONS, AND FEES.

  50. Tex. Agriculture Code Sec. 12.032. HEARINGS CONDUCTED BY STATE OFFICE OF ADMINISTRATIVE HEARINGS.

  51. Tex. Agriculture Code Sec. 12.033. MULTIPLE LICENSES.

  52. Tex. Agriculture Code Sec. 12.034. REFUND OR WAIVER OF FEES. The department by rule may provide for:

  53. Tex. Agriculture Code Sec. 12.035. NOTICE TO EXAMINEE. Not later than the 30th day after the date on which a licensing or registration examination is administered under this code, the department shall notify each examinee of the results of the examination. However, if an examination is graded or reviewed by a national testing service, the department shall notify examinees of the results of the examination not later than the 14th day after the date on which the department receives the results from the testing service. If the notice of examination results graded or reviewed by a national testing service will be delayed for longer than 90 days after the examination date, the department shall notify the examinee of the reason for the delay before the 90th day. The department may require a testing service to notify examinees of the results of an examination.

  54. Tex. Agriculture Code Sec. 12.036. LICENSING OUT-OF-STATE APPLICANTS. The department may waive any prerequisite to obtaining a license or registration for an applicant after reviewing the applicant's credentials and determining that the applicant holds a valid license from another state that has license or registration requirements substantially equivalent to those of this state.

  55. Tex. Agriculture Code Sec. 12.037. CONTINUING EDUCATION. The department may recognize, prepare, or administer continuing education programs for its license holders.

  56. Tex. Agriculture Code Sec. 12.038. OFFICE OF RURAL AFFAIRS.

  57. Tex. Agriculture Code Sec. 12.039. CERTAIN WINE PRODUCED OR BOTTLED IN THIS STATE.

  58. Tex. Agriculture Code Sec. 12.040. TEXAS CERTIFIED RETIREMENT COMMUNITY PROGRAM.

  59. Tex. Agriculture Code Sec. 12.041. SCHOOL BREAKFAST AND LUNCH PROGRAM.

  60. Tex. Agriculture Code Sec. 12.042. HOME-DELIVERED MEAL GRANT PROGRAM.

  61. Tex. Agriculture Code Sec. 12.046. TEXAS RURAL INVESTMENT FUND.

  62. Tex. Agriculture Code Sec. 12.047. USE OF TECHNOLOGY. The commissioner shall implement a policy requiring the department to use appropriate technological solutions to improve the department's ability to perform its functions. The policy must ensure that the public is able to interact with the department on the Internet.

  63. Tex. Agriculture Code Sec. 12.048. OBTAINING CRIMINAL HISTORY RECORD INFORMATION.

  64. Tex. Agriculture Code Sec. 12.051. FARMER MENTAL HEALTH AND SUICIDE PREVENTION PROGRAM.

Chapter 13

  1. Tex. Agriculture Code Sec. 13.001. DEFINITIONS.

  2. Tex. Agriculture Code Sec. 13.002. ENFORCEMENT OF CHAPTER.

  3. Tex. Agriculture Code Sec. 13.007. CIVIL PENALTY; INJUNCTION.

  4. Tex. Agriculture Code Sec. 13.021. LEGAL STANDARDS.

  5. Tex. Agriculture Code Sec. 13.022. STANDARD FOR LENGTH AND SURFACE.

  6. Tex. Agriculture Code Sec. 13.023. STANDARD FOR WEIGHT.

  7. Tex. Agriculture Code Sec. 13.024. STANDARD FOR LIQUID CAPACITY.

  8. Tex. Agriculture Code Sec. 13.025. STANDARD FOR SOLID CAPACITY.

  9. Tex. Agriculture Code Sec. 13.026. CORD.

  10. Tex. Agriculture Code Sec. 13.027. STANDARD NET WEIGHT OR COUNT SET BY RULE.

  11. Tex. Agriculture Code Sec. 13.028. STANDARD WEIGHT PER BUSHEL FOR CERTAIN COMMODITIES. If the following commodities are sold by the bushel and no agreement is made by the parties as to the measurement or weight, the bushel shall consist of the listed number of pounds:

  12. Tex. Agriculture Code Sec. 13.029. EXEMPTION OF WEIGHING OR MEASURING DEVICES.

  13. Tex. Agriculture Code Sec. 13.030. SALE OF COMMODITIES BY NET WEIGHT.

  14. Tex. Agriculture Code Sec. 13.031. SALE OF COMMODITIES BY PROPER MEASURE.

  15. Tex. Agriculture Code Sec. 13.032. STANDARD FILL AND QUANTITY LABELING FOR COMMODITIES IN PACKAGE FORM.

  16. Tex. Agriculture Code Sec. 13.033. SALE OF MILK OR CREAM IN NONSTANDARD CONTAINER. A person violates this chapter if the person sells or keeps, offers, or exposes for sale milk or cream in bottles or other containers of a capacity other than one of the standard liquid measures provided for by Section 13.024.

  17. Tex. Agriculture Code Sec. 13.034. SALE OF CHEESE, MEAT, OR MEAT FOOD PRODUCT BY NONSTANDARD WEIGHT.

  18. Tex. Agriculture Code Sec. 13.035. PRICE ADVERTISEMENT; MISREPRESENTATION OF PRICE OR QUANTITY.

  19. Tex. Agriculture Code Sec. 13.036. FALSE REPRESENTATION OF COMMODITY QUANTITY. A person violates this chapter if the person or the person's servant or agent:

  20. Tex. Agriculture Code Sec. 13.037. USE OF INCORRECT WEIGHING OR MEASURING DEVICE.

  21. Tex. Agriculture Code Sec. 13.038. SALE OF COMMODITY IN VIOLATION OF SUBCHAPTER. A person violates this chapter if the person or the person's servant or agent sells or keeps, offers, or exposes for sale a commodity in violation of this subchapter.

  22. Tex. Agriculture Code Sec. 13.039. TESTING OF PACKAGE BY DEPARTMENT.

  23. Tex. Agriculture Code Sec. 13.040. STOP-SALE ORDER.

  24. Tex. Agriculture Code Sec. 13.041. PENALTIES; DEFENSE.

  25. Tex. Agriculture Code Sec. 13.1001. AUTHORITY TO INSPECT.

  26. Tex. Agriculture Code Sec. 13.1002. EXEMPTION OF CERTAIN WEIGHING OR MEASURING DEVICES. Notwithstanding any other law, a commercial weighing or measuring device is exempt from this subchapter, including the inspection requirements under Section 13.101 and the registration requirements under Section 13.1011, if the device is exclusively used to weigh food:

  27. Tex. Agriculture Code Sec. 13.101. INSPECTION OF DEVICES.

  28. Tex. Agriculture Code Sec. 13.1011. REQUIRED REGISTRATION.

  29. Tex. Agriculture Code Sec. 13.111. REPAIR OR DESTRUCTION OF INCORRECT COMMERCIAL WEIGHING OR MEASURING DEVICES.

  30. Tex. Agriculture Code Sec. 13.112. TESTS FOR STATE INSTITUTIONS. As requested by the comptroller or the governing body of a state institution, the department shall test each weighing or measuring device used by a state institution for any purpose, including a weighing or measuring device used in checking the receipt and distribution of supplies. The department shall report results of the test to the chairman of the governing body of the institution.

  31. Tex. Agriculture Code Sec. 13.113. STANDARDS USED IN INSPECTION.

  32. Tex. Agriculture Code Sec. 13.114. TOLERANCES. The department shall establish specifications and tolerances for commercial weighing or measuring devices used in this state. The specifications and tolerances shall be similar to those recommended by the National Institute of Standards and Technology.

  33. Tex. Agriculture Code Sec. 13.115. FEES FOR DEPARTMENT INSPECTION.

  34. Tex. Agriculture Code Sec. 13.1151. FEES FOR REGISTRATION AND INSPECTION.

  35. Tex. Agriculture Code Sec. 13.117. REFUSING TO ALLOW TEST OF WEIGHING OR MEASURING DEVICE. A person commits an offense if the person refuses to allow a weighing or measuring device under the person's control or in the person's possession to be inspected, tested, or examined by the department, and the inspection, test, or examination is required or authorized by this chapter.

  36. Tex. Agriculture Code Sec. 13.118. HINDERING DEPARTMENT PERSONNEL. A person commits an offense if the person hinders or obstructs in any way the department, a department inspector or other department personnel in the performance of official duties.

  37. Tex. Agriculture Code Sec. 13.119. REMOVAL OF REGISTRATION TAG. A person commits an offense if the person removes or obliterates a tag or device placed or required by the department to be placed on a weighing or measuring device under this chapter.

  38. Tex. Agriculture Code Sec. 13.120. SALE OR USE OF INCORRECT WEIGHING OR MEASURING DEVICE.

  39. Tex. Agriculture Code Sec. 13.121. DISPOSING OF CONDEMNED WEIGHING OR MEASURING DEVICE. A person commits an offense if the person or the person's servant or agent disposes of a weighing or measuring device condemned under Section 13.111 or 13.120 in a manner contrary to those sections.

  40. Tex. Agriculture Code Sec. 13.122. PENALTIES. An offense under each of Sections 13.117 through 13.121 is a Class C misdemeanor.

  41. Tex. Agriculture Code Sec. 13.251. DEFINITION. In this subchapter, "public weigher" means a business certified under this subchapter to issue an official certificate declaring the accurate weight or measure of a commodity that the business is requested to weigh.

  42. Tex. Agriculture Code Sec. 13.255. CERTIFICATE.

  43. Tex. Agriculture Code Sec. 13.2555. REVOCATION, MODIFICATION, OR SUSPENSION OF CERTIFICATE.

  44. Tex. Agriculture Code Sec. 13.256. BOND. Each public weigher shall execute a bond in accordance with rules adopted by the department. The bond must be conditioned on the accurate weight or measure of a commodity being reflected on the certificate issued by the public weigher, on the protection of a commodity that the public weigher is requested to weigh or measure, and on compliance with all laws and rules governing public weighers. The bond is not void on first recovery. A person injured by the public weigher may sue on the bond.

  45. Tex. Agriculture Code Sec. 13.257. RECORDING OF WEIGHTS AND MEASURES.

  46. Tex. Agriculture Code Sec. 13.258. DUTIES OF THE DEPARTMENT. The department shall supervise public weighers and shall adopt rules necessary to enforce this subchapter. On application by an interested party, the department shall review the weight or measure of a commodity certified by a public weigher and may require the commodity to be reweighed or remeasured.

  47. Tex. Agriculture Code Sec. 13.259. PENALTY FOR ISSUING A FALSE CERTIFICATE.

  48. Tex. Agriculture Code Sec. 13.260. PENALTY FOR ISSUING CERTIFICATE WITHOUT AUTHORITY.

  49. Tex. Agriculture Code Sec. 13.261. RULES. The department shall adopt rules governing the bond requirements and fees imposed under this subchapter.

  50. Tex. Agriculture Code Sec. 13.451. DEFINITIONS. In this subchapter:

  51. Tex. Agriculture Code Sec. 13.452. DEVICE MAINTENANCE ACTIVITIES. A person performs device maintenance activities if the person or the person's employee:

  52. Tex. Agriculture Code Sec. 13.453. POWERS AND DUTIES OF DEPARTMENT.

  53. Tex. Agriculture Code Sec. 13.454. EXEMPTIONS FROM LICENSE REQUIREMENTS.

  54. Tex. Agriculture Code Sec. 13.455. SERVICE TECHNICIAN LICENSE REQUIRED. Unless the individual is exempt from the licensing requirement, an individual may not perform or offer to perform device maintenance activities unless the individual holds a service technician license issued by the department under this subchapter.

  55. Tex. Agriculture Code Sec. 13.456. SERVICE COMPANY LICENSE REQUIRED.

  56. Tex. Agriculture Code Sec. 13.457. APPLICATION FOR LICENSE. An applicant for a license under this subchapter must submit to the department:

  57. Tex. Agriculture Code Sec. 13.458. SERVICE TECHNICIAN LICENSE REQUIREMENTS.

  58. Tex. Agriculture Code Sec. 13.459. SERVICE COMPANY LICENSE REQUIREMENTS.

  59. Tex. Agriculture Code Sec. 13.460. INSURANCE POLICY REQUIRED FOR SERVICE COMPANY. A service company shall maintain at all times while the service company performs device maintenance activities a current effective operations liability insurance policy issued by an insurance company authorized to do business in this state or by a surplus lines insurer that meets the requirements of Chapter 981, Insurance Code, and rules adopted by the commissioner of insurance in an amount set by the department and based on the type of licensed activities to be performed.

  60. Tex. Agriculture Code Sec. 13.461. TERM OF LICENSE. A license issued under this subchapter is valid for one year unless a different term is established by department rule.

  61. Tex. Agriculture Code Sec. 13.462. LICENSE RENEWAL. A person licensed under this subchapter must periodically renew the person's license. The license expires unless the license holder submits an application for renewal accompanied by the renewal fee set by the department or by the late fee set by the department and meets the requirements for renewal.

  62. Tex. Agriculture Code Sec. 13.463. PRACTICE BY LICENSE HOLDER.

  63. Tex. Agriculture Code Sec. 13.464. CRIMINAL PENALTY.

Chapter 14

  1. Tex. Agriculture Code Sec. 14.001. DEFINITIONS.

  2. Tex. Agriculture Code Sec. 14.011. LIMITATION OF CHAPTER. This chapter does not apply to:

  3. Tex. Agriculture Code Sec. 14.012. BUSINESS INFORMATION.

  4. Tex. Agriculture Code Sec. 14.013. RIGHT TO INTERVENE AND NOTIFICATION OF DEPARTMENT.

  5. Tex. Agriculture Code Sec. 14.014. RECEIVERSHIP AFFECTING WAREHOUSE ASSETS.

  6. Tex. Agriculture Code Sec. 14.015. POWERS AND DUTIES OF DEPARTMENT. The department shall administer this chapter and may:

  7. Tex. Agriculture Code Sec. 14.021. LICENSE REQUIRED. A person may not operate a public grain warehouse without first obtaining from the department a license in the person's name covering the warehouse.

  8. Tex. Agriculture Code Sec. 14.022. LICENSING OF MULTIPLE WAREHOUSES.

  9. Tex. Agriculture Code Sec. 14.023. LICENSING PROCEDURE.

  10. Tex. Agriculture Code Sec. 14.024. REQUIREMENT FOR INCREASING CAPACITY. A warehouse operator may not use any increased warehouse capacity without first obtaining written approval from the department.

  11. Tex. Agriculture Code Sec. 14.031. BOND.

  12. Tex. Agriculture Code Sec. 14.032. ADDITIONAL BOND.

  13. Tex. Agriculture Code Sec. 14.033. BOND CANCELLATION.

  14. Tex. Agriculture Code Sec. 14.034. CANCELLATION OF LETTER OF CREDIT.

  15. Tex. Agriculture Code Sec. 14.035. CANCELLATION OF CERTIFICATE OF DEPOSIT OR CASH.

  16. Tex. Agriculture Code Sec. 14.041. CASUALTY INSURANCE.

  17. Tex. Agriculture Code Sec. 14.042. INSURANCE CANCELLATION.

  18. Tex. Agriculture Code Sec. 14.043. ADDITIONAL INSURANCE.

  19. Tex. Agriculture Code Sec. 14.051. POSTING OF LICENSE. Each warehouse operator shall immediately on receipt of a license post the original in a conspicuous place at the primary recordkeeping location for the individually licensed facility or combination. A copy of the license must be conspicuously posted at each facility where grain is stored for hire, handled for hire, or shipped for hire.

  20. Tex. Agriculture Code Sec. 14.052. WAREHOUSE OPERATOR OBLIGATIONS.

  21. Tex. Agriculture Code Sec. 14.053. RECEIPT FORMS.

  22. Tex. Agriculture Code Sec. 14.054. ISSUANCE OF SCALE WEIGHT TICKET OR RECEIPT.

  23. Tex. Agriculture Code Sec. 14.055. DUPLICATE RECEIPTS.

  24. Tex. Agriculture Code Sec. 14.056. RECEIPT FOR GRAIN OWNED BY WAREHOUSE OPERATOR. A warehouse operator may issue a receipt for grain that is owned by the warehouse operator, in whole or part, and located in the warehouse operator's warehouse. The negotiation, transfer, sale, or pledge of that receipt may not be defeated because of its ownership.

  25. Tex. Agriculture Code Sec. 14.057. RECORDS.

  26. Tex. Agriculture Code Sec. 14.058. POSTING OF STORAGE RATES OR TARIFFS.

  27. Tex. Agriculture Code Sec. 14.059. INSPECTIONS; FEE.

  28. Tex. Agriculture Code Sec. 14.061. WAREHOUSE RECEIPT AS PRIMA FACIE EVIDENCE. In an action involving a warehouse operator that is brought under this chapter, a warehouse receipt constitutes prima facie evidence of the truth of the facts stated in the receipt.

  29. Tex. Agriculture Code Sec. 14.062. INVALID RECEIPTS. Notwithstanding any other provision of this code or the Business & Commerce Code, a receipt for grain is void as to any person who receives the receipt with knowledge that the grain purported to be covered by the receipt was not, at the time the receipt was issued, actually stored in the warehouse of the warehouse operator issuing the receipt.

  30. Tex. Agriculture Code Sec. 14.063. TERMINATION OF STORAGE.

  31. Tex. Agriculture Code Sec. 14.064. CERTAIN LOADOUT FEES PROHIBITED.

  32. Tex. Agriculture Code Sec. 14.065. RECOVERY ON BOND; LIABILITY OF WAREHOUSE OPERATOR.

  33. Tex. Agriculture Code Sec. 14.066. APPEAL OF DEPARTMENT ACTION BY WAREHOUSE OPERATOR.

  34. Tex. Agriculture Code Sec. 14.071. GENERAL PENALTY.

  35. Tex. Agriculture Code Sec. 14.072. PENALTY FOR OPERATING WITHOUT A LICENSE.

  36. Tex. Agriculture Code Sec. 14.073. PENALTY FOR FRAUD.

  37. Tex. Agriculture Code Sec. 14.074. PENALTY FOR UNLAWFUL DELIVERY.

  38. Tex. Agriculture Code Sec. 14.075. PENALTY FOR FRAUDULENTLY ISSUING A SCALE WEIGHT TICKET OR RECEIPT.

  39. Tex. Agriculture Code Sec. 14.076. PENALTY FOR CHANGING A RECEIPT OR SCALE WEIGHT TICKET AFTER ISSUANCE.

  40. Tex. Agriculture Code Sec. 14.077. PENALTY FOR DEPOSITING GRAIN WITHOUT TITLE.

  41. Tex. Agriculture Code Sec. 14.078. PENALTY FOR STEALING GRAIN OR RECEIVING STOLEN GRAIN.

  42. Tex. Agriculture Code Sec. 14.079. PENALTY FOR INTERFERING WITH SEALED WAREHOUSE OR DEPARTMENT INSPECTION OR INVESTIGATION.

  43. Tex. Agriculture Code Sec. 14.081. OFFENSE IS VIOLATION; STANDARD OF PROOF.

  44. Tex. Agriculture Code Sec. 14.082. DISCOVERY OF SHORTAGE; REFUSAL OF INSPECTION.

  45. Tex. Agriculture Code Sec. 14.083. DENIAL, REVOCATION, MODIFICATION, OR SUSPENSION OF LICENSE OR PROBATION.

  46. Tex. Agriculture Code Sec. 14.084. OPERATION AFTER REVOCATION OR SUSPENSION OF A LICENSE OR PROBATION.

  47. Tex. Agriculture Code Sec. 14.085. INJUNCTION.

  48. Tex. Agriculture Code Sec. 14.086. CIVIL PENALTY.

  49. Tex. Agriculture Code Sec. 14.087. RECOVERY OF COURT COSTS.

  50. Tex. Agriculture Code Sec. 14.088. VENUE.

Chapter 15

  1. Tex. Agriculture Code Sec. 15.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 15.002. ESTABLISHMENT OF SPECIAL NUTRITION PROGRAM. The Department of State Health Services may establish a special nutrition program to distribute to certain participants of the W.I.C. program food coupons that are redeemable only at farmers markets located in areas in which the program is implemented.

  3. Tex. Agriculture Code Sec. 15.003. ELIGIBILITY; AMOUNT OF ALLOTMENT.

  4. Tex. Agriculture Code Sec. 15.005. RULES. The executive commissioner of the Health and Human Services Commission shall adopt rules under this chapter that provide for:

  5. Tex. Agriculture Code Sec. 15.007. PROGRAM FUNDS. The Department of State Health Services may accept gifts and grants from the federal government, the state, and private sources as well as legislative appropriations for the program authorized by this chapter. The use of gifts and grants other than legislative appropriations is subject, after their appropriation, only to limitations contained in the gift or grant.

Chapter 16

  1. Tex. Agriculture Code Sec. 16.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 16.002. PLANT REGISTRATION.

  3. Tex. Agriculture Code Sec. 16.003. REPORTS.

  4. Tex. Agriculture Code Sec. 16.004. FUEL ETHANOL, RENEWABLE METHANE, BIODIESEL, AND RENEWABLE DIESEL PRODUCTION ACCOUNT.

  5. Tex. Agriculture Code Sec. 16.005. FEE ON FUEL ETHANOL, RENEWABLE METHANE, BIODIESEL, AND RENEWABLE DIESEL PRODUCTION.

  6. Tex. Agriculture Code Sec. 16.006. FUEL ETHANOL, RENEWABLE METHANE, BIODIESEL, AND RENEWABLE DIESEL GRANTS.

Chapter 18

  1. Tex. Agriculture Code Sec. 18.001. DEFINITIONS. In this subchapter:

  2. Tex. Agriculture Code Sec. 18.002. ORGANIC STANDARDS PROGRAM.

  3. Tex. Agriculture Code Sec. 18.003. ORGANIC CERTIFICATION.

  4. Tex. Agriculture Code Sec. 18.004. REGISTRATION PROGRAM. The department by rule may establish a voluntary or mandatory registration program for persons who produce, process, distribute, handle, or advertise organic products in this state and for persons who certify any producers, processors, distributors, or handlers located in this state.

  5. Tex. Agriculture Code Sec. 18.006. FEES.

  6. Tex. Agriculture Code Sec. 18.007. DENIAL, SUSPENSION, OR REVOCATION OF ORGANIC CERTIFICATION OR REGISTRATION. The department may deny, suspend, or revoke a certification or registration issued under this subchapter if the person to whom the certification or registration was issued:

  7. Tex. Agriculture Code Sec. 18.0075. ADMINISTRATIVE PROCEDURES.

  8. Tex. Agriculture Code Sec. 18.008. PENALTY.

  9. Tex. Agriculture Code Sec. 18.009. CIVIL PENALTY; INJUNCTION.

  10. Tex. Agriculture Code Sec. 18.010. STOP-SALE ORDER.

  11. Tex. Agriculture Code Sec. 18.011. PUBLIC INFORMATION. Information created, collected, assembled, or maintained by the department under this subchapter is public information, except that the department by rule may exempt specified information from disclosure but only to the extent necessary to comply with the national organic program.

  12. Tex. Agriculture Code Sec. 18.051. PRODUCT CERTIFICATION PROGRAMS.

  13. Tex. Agriculture Code Sec. 18.052. STANDARDS. The department by rule may develop minimum certification standards for the administration and enforcement of this subchapter.

  14. Tex. Agriculture Code Sec. 18.053. FEES. The department may set fees under this subchapter in amounts that do not exceed the amounts reasonably necessary to enable the department to recover the costs of administering this subchapter.

  15. Tex. Agriculture Code Sec. 18.054. CIVIL PENALTY; INJUNCTION.

  16. Tex. Agriculture Code Sec. 18.071. AGRICULTURAL CERTIFICATION. The department may establish certification programs under this subchapter relating to the protection, sale, advertising, marketing, or related production processes in this state.

  17. Tex. Agriculture Code Sec. 18.072. CERTIFICATION STANDARDS. The department by rule may develop programs establishing minimum certification standards for production processes.

  18. Tex. Agriculture Code Sec. 18.073. FEES. The department may set fees under this subchapter in amounts that do not exceed the amounts reasonably necessary to enable the department to recover the costs of administering this subchapter.

  19. Tex. Agriculture Code Sec. 18.074. ADMINISTRATIVE PENALTY. The department may assess an administrative penalty under Section 12.020 if the department determines that a person is falsely claiming to be certified under this subchapter.

Chapter 19

  1. Tex. Agriculture Code Sec. 19.001. PURPOSE. The purpose of this chapter is to:

  2. Tex. Agriculture Code Sec. 19.002. DEFINITIONS. In this chapter:

  3. Tex. Agriculture Code Sec. 19.003. SCOPE. Except as otherwise provided by this chapter, this chapter applies to all citrus nurseries and citrus growers.

  4. Tex. Agriculture Code Sec. 19.0031. CITRUS ZONE. The following counties are designated as the citrus zone of this state for the purpose of this chapter: Brooks, Cameron, Hidalgo, Jim Hogg, Kenedy, Starr, Willacy, and Zapata.

  5. Tex. Agriculture Code Sec. 19.004. CITRUS BUDWOOD CERTIFICATION PROGRAM.

  6. Tex. Agriculture Code Sec. 19.0041. CITRUS NURSERY STOCK CERTIFICATION PROGRAM.

  7. Tex. Agriculture Code Sec. 19.005. ADVISORY COUNCIL.

  8. Tex. Agriculture Code Sec. 19.006. RULES. The department, with the advice of the advisory council, shall adopt standards and rules:

  9. Tex. Agriculture Code Sec. 19.007. CERTIFICATION STANDARDS.

  10. Tex. Agriculture Code Sec. 19.008. APPLYING FOR FOUNDATION GROVE DESIGNATION, BUDWOOD CERTIFICATION, AND CITRUS NURSERY CERTIFICATION.

  11. Tex. Agriculture Code Sec. 19.009. REVOCATION. The department shall establish rules regarding the revocation of foundation grove designation, citrus budwood certification, and citrus nursery certification.

  12. Tex. Agriculture Code Sec. 19.010. PROGRAM COST; FEES; ACCOUNT.

  13. Tex. Agriculture Code Sec. 19.011. STOP-SALE ORDER.

  14. Tex. Agriculture Code Sec. 19.012. CRIMINAL PENALTY.

  15. Tex. Agriculture Code Sec. 19.013. CIVIL PENALTY; INJUNCTION.

  16. Tex. Agriculture Code Sec. 19.014. ADMINISTRATIVE PENALTIES. The department may assess an administrative penalty under Chapter 12 for a violation of this chapter if the department finds that a person:

Chapter 21

  1. Tex. Agriculture Code Sec. 21.001. CREATION. The department by rule shall develop a program to award grants to nonprofit organizations for the purpose of collecting and distributing surplus agricultural products to food banks and other charitable organizations that serve needy or low-income individuals.

  2. Tex. Agriculture Code Sec. 21.002. ELIGIBILITY. Subject to available funds, a nonprofit organization is eligible to receive a grant under this chapter if the organization:

  3. Tex. Agriculture Code Sec. 21.003. REPORT. A nonprofit organization that receives a grant under this chapter must report the results of the project to the department in the manner prescribed by the department.

Chapter 23

  1. Tex. Agriculture Code Sec. 23.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 23.002. TEXAS FOOD SYSTEM SECURITY AND RESILIENCY PLANNING COUNCIL.

  3. Tex. Agriculture Code Sec. 23.003. STATE FOOD SYSTEM SECURITY PLAN.

  4. Tex. Agriculture Code Sec. 23.004. FOOD SYSTEM SECURITY PLANNING FUND.

  5. Tex. Agriculture Code Sec. 23.006. RULES. The department shall adopt rules necessary to administer this chapter.

Chapter 25

  1. Tex. Agriculture Code Sec. 25.001. CREATION. Using funds appropriated for that purpose, the department by rule shall develop and implement a children's access to nutritious food program to award grants to nonprofit organizations for the purpose of allowing food banks to provide children at risk of hunger or obesity with access to nutritious food outside the school day.

  2. Tex. Agriculture Code Sec. 25.002. ELIGIBILITY. A nonprofit organization is eligible to receive a grant under this chapter if the organization:

  3. Tex. Agriculture Code Sec. 25.003. USE OF FUNDS. A recipient of a grant under this chapter may use the grant only for the purchase of the following nutritious foods:

  4. Tex. Agriculture Code Sec. 25.004. REPORT. A nonprofit organization that receives a grant under this chapter must at regular intervals prescribed by the department report the results of the organization's program to the department. A report under this section for a prescribed reporting period must include:

  5. Tex. Agriculture Code Sec. 25.005. RULES. The commissioner may adopt rules as necessary to implement this chapter.

Chapter 41

  1. Tex. Agriculture Code Sec. 41.001. POLICY. It is in the interest of the public welfare of the State of Texas that the producers of any agricultural commodity be permitted and encouraged to develop, carry out, and participate in programs of research, disease and insect control, predator control, education, indemnification, and promotion designed to encourage the production, marketing, and use of the agricultural commodity. The purpose of this chapter is to authorize and prescribe the necessary procedures by which the producers of an agricultural commodity grown in this state may finance those programs. The programs may be devised to alleviate any circumstance or condition that serves to impede the production, marketing, or use of any agricultural commodity.

  2. Tex. Agriculture Code Sec. 41.002. DEFINITIONS. In this chapter:

  3. Tex. Agriculture Code Sec. 41.011. PETITION FOR CERTIFICATION.

  4. Tex. Agriculture Code Sec. 41.012. CERTIFICATION BY COMMISSIONER.

  5. Tex. Agriculture Code Sec. 41.021. CERTIFIED ORGANIZATION TO CONDUCT REFERENDUM AND ELECTION. In accordance with this subchapter and the rules of the commissioner, a certified organization may conduct a referendum of the producers of an agricultural commodity on the proposition of whether or not the producers shall levy an assessment on themselves to finance programs of research, disease and insect control, predator control, education, and promotion designed to encourage the production, marketing, and use of the commodity. At the same time, the certified organization may conduct an election of members to a commodity producers board for the commodity.

  6. Tex. Agriculture Code Sec. 41.022. RULES OF COMMISSIONER. In order to ensure efficient and honest elections and efficient canvassing and reporting of returns, the commissioner shall adopt rules regulating the form of the ballot, the conduct of the election, and the canvass and reporting of returns.

  7. Tex. Agriculture Code Sec. 41.023. NOTICE OF REFERENDUM AND ELECTION.

  8. Tex. Agriculture Code Sec. 41.024. BASIS OF REFERENDUM AND ELECTION; ELIGIBLE VOTERS.

  9. Tex. Agriculture Code Sec. 41.025. CANDIDATES FOR BOARD; WRITE-IN VOTES.

  10. Tex. Agriculture Code Sec. 41.026. PREPARATION AND DISTRIBUTION OF BALLOT.

  11. Tex. Agriculture Code Sec. 41.027. EXPENSES OF ELECTION. The certified organization is responsible for all expenses incurred in connection with the referendum and election, but it may be reimbursed for actual and necessary expenses out of funds deposited in the treasury of the board if the assessment is levied and collected.

  12. Tex. Agriculture Code Sec. 41.028. EXEMPTIONS FOR PRODUCERS. The original referendum and subsequent biennial board elections may provide exemptions for producers within the boundaries described in the petition if the exemptions are included in full written form on the election ballot and are approved by two-thirds or more of those voting in the election.

  13. Tex. Agriculture Code Sec. 41.029. VOID BALLOTS.

  14. Tex. Agriculture Code Sec. 41.030. FINDINGS OF COMMISSIONER. On receiving the report of the returns of a referendum and election, the commissioner shall determine:

  15. Tex. Agriculture Code Sec. 41.031. CERTIFICATION OF RESULTS. If the commissioner finds that two-thirds or more of those voting in the election voted in favor of the referendum proposition or that those voting in favor of the proposition produced at least 50 percent of the volume of production of the commodity during the relevant production period, the commissioner shall publicly certify the adoption of the referendum proposition and issue certificates of election to those persons elected to the board. Otherwise, the commissioner shall publicly certify that the referendum proposition was defeated.

  16. Tex. Agriculture Code Sec. 41.032. SUBSEQUENT BOARD ELECTIONS. A commodity producers board shall conduct biennial elections for the purpose of electing members to the board. The board shall give notice and hold the election in accordance with the applicable provisions of this subchapter relating to the initial election and, to the extent necessary, in accordance with the rules of the commissioner.

  17. Tex. Agriculture Code Sec. 41.033. ELECTION OF BOARD FROM DISTRICTS.

  18. Tex. Agriculture Code Sec. 41.034. ELECTIONS TO ADD NEW TERRITORY.

  19. Tex. Agriculture Code Sec. 41.051. BOARD ESTABLISHED. If the commissioner certifies adoption of a referendum proposition under Section 41.031 of this code, the board is established and has the powers and duties prescribed by this chapter.

  20. Tex. Agriculture Code Sec. 41.052. STATE AGENCY.

  21. Tex. Agriculture Code Sec. 41.053. ORGANIZATIONAL MEETING; TERMS OF OFFICE.

  22. Tex. Agriculture Code Sec. 41.054. OFFICERS; BOND.

  23. Tex. Agriculture Code Sec. 41.055. VACANCY. The board shall fill any vacancy on the board by appointment for the unexpired term.

  24. Tex. Agriculture Code Sec. 41.056. MAJORITY VOTE REQUIREMENT. A majority vote of all members present is necessary for an action of the board to be valid.

  25. Tex. Agriculture Code Sec. 41.057. COMPENSATION. Members of the board serve without compensation but are entitled to reimbursement for reasonable and necessary expenses incurred in the discharge of their duties.

  26. Tex. Agriculture Code Sec. 41.058. POWERS AND DUTIES.

  27. Tex. Agriculture Code Sec. 41.059. BUDGET; ANNUAL REPORT; AUDITS.

  28. Tex. Agriculture Code Sec. 41.060. DEPOSITORY BANK; EXPENDITURE OF FUNDS.

  29. Tex. Agriculture Code Sec. 41.061. MEETINGS BY TELEPHONE CONFERENCE CALL.

  30. Tex. Agriculture Code Sec. 41.081. COLLECTION OF ASSESSMENT.

  31. Tex. Agriculture Code Sec. 41.082. PRODUCER EXEMPTION.

  32. Tex. Agriculture Code Sec. 41.083. PRODUCER REFUNDS.

  33. Tex. Agriculture Code Sec. 41.084. INCREASE OF ASSESSMENT. At any biennial board election, the board may submit to the voters a proposition to increase the maximum rate of assessment. The proposition is approved and the new maximum rate is in effect if two-thirds or more of those voting vote in favor of the proposition or if those voting in favor of the proposition produced at least 50 percent of the volume of production of the commodity during the relevant production period.

  34. Tex. Agriculture Code Sec. 41.085. DISCONTINUANCE OF ASSESSMENT.

  35. Tex. Agriculture Code Sec. 41.101. FAILURE TO REMIT ASSESSMENT.

  36. Tex. Agriculture Code Sec. 41.1011. ACTION BY DEPARTMENT.

  37. Tex. Agriculture Code Sec. 41.102. SUSPENSION OR REVOCATION OF LICENSE. In addition to other remedies provided by law, a violation of any provision of Subchapter B, C, D, E, H, or I is grounds for suspension or revocation of any license or permit issued by the commissioner. The suspension or revocation shall be conducted in accordance with the procedures provided by law for suspension or revocation on the basis of other grounds.

  38. Tex. Agriculture Code Sec. 41.103. GENERAL PENALTY.

  39. Tex. Agriculture Code Sec. 41.104. USE OF FUNDS FOR POLITICAL ACTIVITY.

  40. Tex. Agriculture Code Sec. 41.125. INACTIVE STATUS.

  41. Tex. Agriculture Code Sec. 41.126. POWERS AND DUTIES.

  42. Tex. Agriculture Code Sec. 41.127. REACTIVATION.

  43. Tex. Agriculture Code Sec. 41.128. TEXAS GRAIN PRODUCER INDEMNITY BOARD.

  44. Tex. Agriculture Code Sec. 41.151. DEFINITIONS. In this subchapter:

  45. Tex. Agriculture Code Sec. 41.152. DECLARATION OF POLICY.

  46. Tex. Agriculture Code Sec. 41.153. ADMINISTRATIVE COSTS. The department may recover costs for administration of this subchapter.

  47. Tex. Agriculture Code Sec. 41.154. ANNUAL REPORT. The council shall deliver to the commissioner an annual report giving details of its efforts to carry out the purposes of this subchapter.

  48. Tex. Agriculture Code Sec. 41.155. CONFLICT WITH GENERAL COMMODITY LAW PROVISIONS. To the extent that the provisions of this subchapter conflict with other provisions of this chapter, the provisions of this subchapter prevail.

  49. Tex. Agriculture Code Sec. 41.156. COUNCIL MEMBERS.

  50. Tex. Agriculture Code Sec. 41.1565. MEETINGS BY TELEPHONE CONFERENCE CALL.

  51. Tex. Agriculture Code Sec. 41.157. GENERAL POWERS OF COUNCIL. The council may take action or exercise other authority as necessary to execute any act authorized by this chapter or the Texas Nonprofit Corporation Law as described by Section 1.008, Business Organizations Code. The council may contract or enter into agreements with the entity qualified to collect the proceeds of and administer the beef check off program established by federal law in this state.

  52. Tex. Agriculture Code Sec. 41.1571. STATE BEEF CHECK OFF PROGRAM. The council may establish and operate a state beef check off program that is separate from the beef check off program established by federal law.

  53. Tex. Agriculture Code Sec. 41.158. DONATIONS. The council may accept gifts, donations, and grants of money, including appropriated funds, from state government, federal government, local governments, private corporations, or other persons, to be used for the purposes of this subchapter.

  54. Tex. Agriculture Code Sec. 41.159. BORROWING. The council may borrow money on approval of the commissioner.

  55. Tex. Agriculture Code Sec. 41.160. ASSESSMENTS; APPLICABILITY OF OTHER LAW.

  56. Tex. Agriculture Code Sec. 41.161. FINANCIAL OVERSIGHT.

  57. Tex. Agriculture Code Sec. 41.162. CONDUCT OF REFERENDUM; BALLOTING.

  58. Tex. Agriculture Code Sec. 41.163. RULES. The commissioner may adopt rules as necessary to implement this subchapter, including rules relating to:

  59. Tex. Agriculture Code Sec. 41.164. PENALTIES.

  60. Tex. Agriculture Code Sec. 41.201. DEFINITIONS. In this subchapter:

  61. Tex. Agriculture Code Sec. 41.202. DECLARATION OF POLICY.

  62. Tex. Agriculture Code Sec. 41.203. CONFLICT WITH GENERAL COMMODITY LAW PROVISIONS. To the extent that this subchapter conflicts with other provisions of this chapter, this subchapter prevails.

  63. Tex. Agriculture Code Sec. 41.2035. FUND.

  64. Tex. Agriculture Code Sec. 41.204. BOARD.

  65. Tex. Agriculture Code Sec. 41.205. POWERS AND DUTIES OF BOARD.

  66. Tex. Agriculture Code Sec. 41.206. COLLECTION OF ASSESSMENT.

  67. Tex. Agriculture Code Sec. 41.207. ASSESSMENTS; APPLICABILITY OF OTHER LAW.

  68. Tex. Agriculture Code Sec. 41.208. INITIATION OF CLAIM.

  69. Tex. Agriculture Code Sec. 41.209. PAYMENT OF CLAIM.

  70. Tex. Agriculture Code Sec. 41.210. REIMBURSEMENT OF BOARD BY GRAIN BUYER; SUBROGATION OF RIGHTS; REINSURANCE.

  71. Tex. Agriculture Code Sec. 41.211. RULES. Except as provided by Section 41.212, the board may adopt rules as necessary to implement this subchapter, including rules relating to:

  72. Tex. Agriculture Code Sec. 41.212. REFERENDUM; BALLOTING.

  73. Tex. Agriculture Code Sec. 41.213. NOTICE OF REFERENDUM.

  74. Tex. Agriculture Code Sec. 41.2145. REFUND OF ASSESSMENTS.

  75. Tex. Agriculture Code Sec. 41.215. ANNUAL REPORT.

  76. Tex. Agriculture Code Sec. 41.216. ADMINISTRATIVE REVIEW.

Chapter 43

  1. Tex. Agriculture Code Sec. 43.001. DEFINITIONS. In this subchapter:

  2. Tex. Agriculture Code Sec. 43.002. ESTABLISHMENT. In accordance with this subchapter, the commissioners court of any county may establish and operate an experiment station in that county.

  3. Tex. Agriculture Code Sec. 43.003. PETITION AND ELECTION ORDER.

  4. Tex. Agriculture Code Sec. 43.004. APPLICATION OF GENERAL ELECTION LAW. Except as otherwise provided by this subchapter, the election shall be conducted in accordance with general law relating to county elections.

  5. Tex. Agriculture Code Sec. 43.005. ELECTION BALLOT. The ballot shall be printed to provide for voting for or against the proposition: "Establishment of a county experiment station."

  6. Tex. Agriculture Code Sec. 43.006. ELECTION RETURNS. The election officers shall certify to the commissioners court the number of votes cast for each proposition. If the majority of votes are cast in favor of establishing a county experiment station, the commissioners court shall declare the result and establish the experiment station in accordance with this subchapter.

  7. Tex. Agriculture Code Sec. 43.007. ACQUISITION OF PROPERTY.

  8. Tex. Agriculture Code Sec. 43.008. LOCATION. The experiment station shall be located at or as near the county seat as practicable. If no land is donated for the station within two miles of the county seat, the commissioners court may acquire land for the experiment station anywhere in the county, having due regard for the benefits to be derived from the station.

  9. Tex. Agriculture Code Sec. 43.009. SUPERVISION.

  10. Tex. Agriculture Code Sec. 43.010. SUPPLIES AND IMPROVEMENTS. The commissioners court shall supply the experiment station with all necessary buildings, equipment, and materials and shall provide for needed improvements. In addition, the commissioners court shall supply stock, including work stock and cattle for service and breeding purposes, as necessary to promote the improvement of the farm and stock raising industry of the county.

  11. Tex. Agriculture Code Sec. 43.011. LABOR. With the advice and approval of the commissioners court, the director may employ labor necessary to the operation of the experiment station. The county may not maintain paupers on the experiment station or permit them to work on the station.

  12. Tex. Agriculture Code Sec. 43.012. RECORDS. The director shall keep a complete and accurate record of:

  13. Tex. Agriculture Code Sec. 43.013. ANNUAL REPORT. The director shall make an annual report to the commissioners court detailing the methods employed and results received on the county experiment station. With approval of the commissioners court, the county shall publish the report and mail it without cost to each person in the county engaged in farming. The report shall be mailed to others on request and to each experiment station in the state, the office of the commissioner of agriculture, and the United States Department of Agriculture.

  14. Tex. Agriculture Code Sec. 43.014. PUBLIC INSPECTION AND INFORMATION.

  15. Tex. Agriculture Code Sec. 43.015. SALE OF PRODUCTS.

  16. Tex. Agriculture Code Sec. 43.016. EXPENSES. On warrants drawn by the director and approved by the county judge, the county shall pay all expenses incurred in the operation of the experiment station, including the cost of labor and the director's salary, out of its general funds.

  17. Tex. Agriculture Code Sec. 43.017. LEASE OF STATION.

  18. Tex. Agriculture Code Sec. 43.031. DEMONSTRATION WORK. The commissioners court of any county may establish and conduct cooperative demonstration work in agriculture and home economics in cooperation with Texas A & M University.

  19. Tex. Agriculture Code Sec. 43.032. TERMS OF AGREEMENT WITH TEXAS A & M UNIVERSITY. The demonstration work shall be conducted on terms and conditions agreed to by the commissioners court and the agents of Texas A & M University.

  20. Tex. Agriculture Code Sec. 43.033. EXPENSES. The commissioners court may employ any means and may appropriate and expend money as necessary to establish and conduct demonstration work under this subchapter.

  21. Tex. Agriculture Code Sec. 43.051. ESTABLISHMENT. For the purpose of aiding in the development of the agricultural and horticultural resources of Texas, any railway corporation operating in Texas may acquire, maintain, and operate or cause to be operated demonstration and experiment farms, orchards, and gardens.

  22. Tex. Agriculture Code Sec. 43.052. METHOD OF ACQUISITION. A railway corporation may acquire a farm, orchard, or garden by lease or purchase.

  23. Tex. Agriculture Code Sec. 43.053. NUMBER AND ACREAGE LIMITATIONS.

Chapter 44

  1. Tex. Agriculture Code Sec. 44.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 44.002. CREATION OF MICROENTERPRISE PROGRAMS. The board shall create a microenterprise support program to provide financial assistance to microenterprises in rural areas.

  3. Tex. Agriculture Code Sec. 44.0045. MICROENTERPRISE SUPPORT PROGRAM LOANS.

  4. Tex. Agriculture Code Sec. 44.007. INTEREST RATE REDUCTION PROGRAM.

  5. Tex. Agriculture Code Sec. 44.008. COMPLIANCE.

  6. Tex. Agriculture Code Sec. 44.009. STATE LIABILITY PROHIBITED. The state is not liable to an eligible lending institution for payment of the principal, interest, or any late charges on a loan made to an eligible borrower. A delay in payment or default on a loan by an eligible borrower does not affect the validity of the deposit agreement. Linked deposits are not an extension of the state's credit within the meaning of any state constitutional prohibition.

  7. Tex. Agriculture Code Sec. 44.010. LIMITATIONS IN PROGRAM.

  8. Tex. Agriculture Code Sec. 44.012. MONEY FOR LOANS. The board may accept gifts and grants of money from the federal government, local governments, or private corporations or other persons for use in making loans under the rural microenterprise support program. The legislature may appropriate money for loans under the program.

  9. Tex. Agriculture Code Sec. 44.013. RURAL MICROENTERPRISE DEVELOPMENT FUND. The rural microenterprise development fund is a fund in the comptroller's office. Money appropriated to the board for use in making loans under the rural microenterprise support program, other amounts received by the state for loans made under the program, and other money received by the board for the program and required by the board to be deposited in the fund shall be deposited to the credit of the fund. The fund shall operate as a revolving fund, the contents of which shall be applied and reapplied for the purposes of the rural microenterprise support program.

Chapter 45

  1. Tex. Agriculture Code Sec. 45.001. LEGISLATIVE FINDINGS; PURPOSE.

  2. Tex. Agriculture Code Sec. 45.002. DEFINITION. In this chapter, "applied research" means the process of assembling knowledge gained by careful and diligent search and studious inquiry and examination and using that knowledge to solve practical, real-world problems.

  3. Tex. Agriculture Code Sec. 45.005. GENERAL FUNCTIONS, POWERS, AND DUTIES.

  4. Tex. Agriculture Code Sec. 45.007. FINANCING.

Chapter 46

  1. Tex. Agriculture Code Sec. 46.001. FINDINGS. The legislature finds that this state needs a Texas agricultural product promotion program to increase consumer awareness of Texas agricultural products and expand the markets for Texas agricultural products. The legislature further finds that the Texas Department of Agriculture, through the establishment of the "Go Texan" Partner Program and use of program grants and matching funds, is the proper department to promote and advertise these products.

  2. Tex. Agriculture Code Sec. 46.002. DEFINITION. In this chapter "Texas agricultural product" means an agricultural, apicultural, horticultural, silvicultural, viticultural, or vegetable product, either in its natural or processed state, that has been produced, processed, or otherwise had value added to the product in this state, including:

  3. Tex. Agriculture Code Sec. 46.003. GENERAL AUTHORITY. The Texas Department of Agriculture shall establish and maintain the "Go Texan" Partner Program to encourage the development and expansion of markets for Texas agricultural products through participation of eligible applicants who provide funds to be matched for promotional marketing programs implemented by the department.

  4. Tex. Agriculture Code Sec. 46.004. ELIGIBLE APPLICANT. An eligible applicant must be:

  5. Tex. Agriculture Code Sec. 46.005. DEPARTMENT POWERS AND DUTIES. The department shall administer the "Go Texan" Partner Program. The duties of the department in administering the program include:

  6. Tex. Agriculture Code Sec. 46.006. REQUIREMENTS FOR PARTICIPATION. To be eligible for participation in the program through the use of matching funds under this chapter, an organization must:

  7. Tex. Agriculture Code Sec. 46.007. PROJECT REQUESTS.

  8. Tex. Agriculture Code Sec. 46.008. "GO TEXAN" PARTNER PROGRAM ACCOUNT.

  9. Tex. Agriculture Code Sec. 46.009. USE OF FUNDS.

  10. Tex. Agriculture Code Sec. 46.0095. SALE OF PROMOTIONAL ITEMS OR PROGRAM MERCHANDISE.

  11. Tex. Agriculture Code Sec. 46.011. CRITERIA FOR ALLOCATION OF FUNDS. The department shall by rule establish criteria for allocation of funds to participant projects. Rules adopted under this section must include:

  12. Tex. Agriculture Code Sec. 46.012. RULEMAKING AUTHORITY. The department shall adopt rules to administer this chapter including rules for the use of the "Go Texan" logo.

  13. Tex. Agriculture Code Sec. 46.013. ADMINISTRATIVE PENALTIES; CIVIL PENALTIES; INJUNCTIVE RELIEF.

Chapter 47

  1. Tex. Agriculture Code Sec. 47.051. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 47.052. PROGRAM ESTABLISHED.

  3. Tex. Agriculture Code Sec. 47.054. PROGRAM STAFF.

  4. Tex. Agriculture Code Sec. 47.055. PROMOTION, MARKETING, AND EDUCATION. The program shall promote and advertise the Texas wild-caught shrimping industry by:

Chapter 48

  1. Tex. Agriculture Code Sec. 48.001. CREATION.

  2. Tex. Agriculture Code Sec. 48.002. ELIGIBILITY. Subject to available funds, a public elementary or middle school, or a nonprofit organization that partners with the school, is eligible to receive a grant under this chapter if the school:

  3. Tex. Agriculture Code Sec. 48.004. REPORT. A school or nonprofit organization that receives a grant under this chapter must report the results of the project to the department in a manner determined by the department.

  4. Tex. Agriculture Code Sec. 48.005. FUNDS. The department may solicit and accept gifts, grants, and other donations from any source to carry out this chapter.

Chapter 49

  1. Tex. Agriculture Code Sec. 49.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 49.002. ADMINISTRATION; GUIDELINES AND PROCEDURES.

  3. Tex. Agriculture Code Sec. 49.003. AGRICULTURAL TECHNOLOGY ACCOUNT.

  4. Tex. Agriculture Code Sec. 49.004. USE OF FUNDS IN AGRICULTURAL TECHNOLOGY ACCOUNT.

  5. Tex. Agriculture Code Sec. 49.005. PROGRESS REPORTS. An institution receiving funds under this chapter shall report on the progress of the funded research to the department not later than September 1 of each year.

Chapter 50

  1. Tex. Agriculture Code Sec. 50.001. PROGRAM. The Texas Agricultural Experiment Station shall develop and administer a program to finance agriculture and wildlife research that the Texas Agricultural Experiment Station determines to be of the highest scientific merit and to offer significant promise in providing new directions for long-term solutions to continued agriculture production, water availability, and wildlife habitat availability.

  2. Tex. Agriculture Code Sec. 50.002. TERM OF AWARD. An award under Section 50.001 must be granted for a two-year period and may be extended at the end of that period after review.

  3. Tex. Agriculture Code Sec. 50.003. FUNDS. The Texas Agricultural Experiment Station may solicit and accept gifts and grants from any public or private source, in addition to other appropriations. The use of gifts and grants is subject to any limitations contained in the gift or grant.

  4. Tex. Agriculture Code Sec. 50.004. ANNUAL ACCOUNTING. The Texas Agricultural Experiment Station shall provide to the committee in each house of the legislature having jurisdiction over agricultural matters an annual accounting of all money received, awarded, and expended during the year.

Chapter 51

  1. Tex. Agriculture Code Sec. 51.001. DEFINITION. In this chapter, "society" means a farmers' cooperative society incorporated under this chapter.

  2. Tex. Agriculture Code Sec. 51.002. APPLICATION OF GENERAL CORPORATION LAWS. The general corporation laws of the state govern societies unless those laws conflict with this chapter.

  3. Tex. Agriculture Code Sec. 51.003. PURPOSE. A society may be organized to enable its members to cooperate with each other for the purposes authorized by this chapter.

  4. Tex. Agriculture Code Sec. 51.004. POWERS.

  5. Tex. Agriculture Code Sec. 51.005. ASSETS. A society shall have cash, notes acceptable to its directors, or other property, the combined value of which is $500 or more.

  6. Tex. Agriculture Code Sec. 51.006. AREA OF OPERATION. A society shall confine its activities and business operation to the community in which it is located. Its activities and business operation may not extend beyond the territory surrounding the town, village, or city designated as the society's place of business.

  7. Tex. Agriculture Code Sec. 51.007. NONPROFIT CORPORATION; DIVISION OF PROFITS.

  8. Tex. Agriculture Code Sec. 51.008. INCORPORATORS. To be eligible to incorporate under this chapter, a person must be engaged in agricultural pursuits.

  9. Tex. Agriculture Code Sec. 51.009. ARTICLES OF INCORPORATION.

  10. Tex. Agriculture Code Sec. 51.010. BYLAWS AND AMENDMENTS TO ARTICLES OF INCORPORATION.

  11. Tex. Agriculture Code Sec. 51.011. COPIES OF ARTICLES, AMENDMENTS, AND BYLAWS; FILING WITH COUNTY CLERK.

  12. Tex. Agriculture Code Sec. 51.012. MEMBERSHIP.

  13. Tex. Agriculture Code Sec. 51.013. VOTING. Each member of a society has one vote in the management of the society.

  14. Tex. Agriculture Code Sec. 51.014. MEMBERSHIP CERTIFICATES.

  15. Tex. Agriculture Code Sec. 51.015. NOTES AS SUBSCRIPTION CONTRACTS. Notes given for membership certificates of a society are valid subscription contracts and are the property of the society.

  16. Tex. Agriculture Code Sec. 51.016. LIABILITY OF MEMBERS.

  17. Tex. Agriculture Code Sec. 51.017. WITHDRAWAL.

  18. Tex. Agriculture Code Sec. 51.018. SUSPENSION; EXPULSION.

  19. Tex. Agriculture Code Sec. 51.019. CONTRIBUTORS. A person who is not engaged in agricultural pursuits may contribute to a society. The amount of the contribution may not exceed one-third of the outstanding working capital of the society.

  20. Tex. Agriculture Code Sec. 51.020. FORMS.

  21. Tex. Agriculture Code Sec. 51.021. RESTRICTION ON USE OF PUBLIC MONEY FOR INCORPORATION. Public money appropriated to a department of state government or a state institution may not be used in organizing a society.

  22. Tex. Agriculture Code Sec. 51.022. NAME. The name of a society must contain the words, "Farmers' Cooperative Society."

  23. Tex. Agriculture Code Sec. 51.023. FEES.

  24. Tex. Agriculture Code Sec. 51.024. REPORT.

  25. Tex. Agriculture Code Sec. 51.025. EXEMPTION FROM FRANCHISE TAX. A society is not required to pay any annual franchise tax, except that a society is exempt from the franchise tax imposed by Chapter 171, Tax Code, only if exempted by that chapter.

Chapter 52

  1. Tex. Agriculture Code Sec. 52.001. POLICY. The purpose of this chapter is:

  2. Tex. Agriculture Code Sec. 52.002. DEFINITIONS. In this chapter:

  3. Tex. Agriculture Code Sec. 52.003. NONPROFIT ORGANIZATION. Because a marketing association is organized not to make money for itself or for its members as individuals but only to make money for its members as producers, the association is considered to be a nonprofit organization.

  4. Tex. Agriculture Code Sec. 52.004. APPLICATION OF GENERAL CORPORATION LAWS. The general corporation laws of the state apply to marketing associations unless those laws conflict with this chapter.

  5. Tex. Agriculture Code Sec. 52.005. ASSOCIATIONS NOT IN RESTRAINT OF TRADE.

  6. Tex. Agriculture Code Sec. 52.006. DURATION OF EXISTENCE. Each association incorporated and organized under this chapter after August 1, 1987, has perpetual existence unless a limited duration is provided for and stated in its charter or articles of incorporation or in an amendment to either of the documents. Each association incorporated and organized under this chapter that is in existence on August 1, 1987, has perpetual existence unless a limited duration is provided for and stated in an amendment to its charter or articles of incorporation.

  7. Tex. Agriculture Code Sec. 52.011. PURPOSES.

  8. Tex. Agriculture Code Sec. 52.012. RESTRICTIONS.

  9. Tex. Agriculture Code Sec. 52.013. GENERAL POWERS. A marketing association may:

  10. Tex. Agriculture Code Sec. 52.014. INTEREST IN OTHER CORPORATIONS.

  11. Tex. Agriculture Code Sec. 52.015. CONTRACTS AND AGREEMENTS WITH OTHER ASSOCIATIONS.

  12. Tex. Agriculture Code Sec. 52.016. MARKETING CONTRACT.

  13. Tex. Agriculture Code Sec. 52.031. INCORPORATORS. Five or more persons who produce agricultural products or three or more marketing associations may form a marketing association under this chapter.

  14. Tex. Agriculture Code Sec. 52.032. PRELIMINARY INVESTIGATION.

  15. Tex. Agriculture Code Sec. 52.033. EXECUTION OF ARTICLES OF INCORPORATION.

  16. Tex. Agriculture Code Sec. 52.034. CONTENTS OF ARTICLES OF INCORPORATION.

  17. Tex. Agriculture Code Sec. 52.035. FILING OF ARTICLES OF INCORPORATION.

  18. Tex. Agriculture Code Sec. 52.036. EFFECT OF FILING ARTICLES OF INCORPORATION. When the articles of incorporation are filed with the secretary of state, all courts shall receive the articles or a certified copy of the articles as prima facie evidence of:

  19. Tex. Agriculture Code Sec. 52.037. AMENDMENT OF ARTICLES OF INCORPORATION.

  20. Tex. Agriculture Code Sec. 52.038. EXISTING CORPORATIONS AND ASSOCIATIONS. Any corporation or association organized under prior law before March 1, 1921, may elect, by a majority vote of its members or stockholders, to adopt this chapter and become subject to it by:

  21. Tex. Agriculture Code Sec. 52.051. ADOPTION.

  22. Tex. Agriculture Code Sec. 52.052. CONTENTS. The bylaws may provide for one or more of the following:

  23. Tex. Agriculture Code Sec. 52.061. STOCK. A marketing association may be organized with or without capital stock.

  24. Tex. Agriculture Code Sec. 52.062. ISSUANCE OF MEMBERSHIP CERTIFICATES. When a member of a marketing association organized without capital stock has paid the membership fee in full, the association shall issue to the member a certificate of membership.

  25. Tex. Agriculture Code Sec. 52.063. ISSUANCE OF SHARES.

  26. Tex. Agriculture Code Sec. 52.064. COMMON STOCK.

  27. Tex. Agriculture Code Sec. 52.065. PREFERRED STOCK.

  28. Tex. Agriculture Code Sec. 52.066. STOCK ISSUED ON PURCHASE OF PROPERTY.

  29. Tex. Agriculture Code Sec. 52.081. MEMBERSHIP.

  30. Tex. Agriculture Code Sec. 52.082. NEW MEMBERS.

  31. Tex. Agriculture Code Sec. 52.083. MEETINGS.

  32. Tex. Agriculture Code Sec. 52.084. NOTICE OF MEETINGS. Not later than the 10th day before the day of a meeting of a marketing association, the association shall:

  33. Tex. Agriculture Code Sec. 52.085. VOTING.

  34. Tex. Agriculture Code Sec. 52.086. TERMINATION OR SUSPENSION OF MEMBERSHIP. In accordance with its articles of incorporation or a bylaw adopted under Section 52.052 of this code, a marketing association may provide for the termination or suspension of membership in the association and for the purchase of a member's common or preferred stock, if any, and all other property interest in the association.

  35. Tex. Agriculture Code Sec. 52.087. LIABILITY OF MEMBERS. Except for debts contracted with the association, a member of a marketing association is not liable for the debts of the association in an amount that exceeds the amount that is unpaid on the member's membership fee or subscription to capital stock, including any unpaid balance on promissory notes given in payment for the stock.

  36. Tex. Agriculture Code Sec. 52.101. BOARD OF DIRECTORS.

  37. Tex. Agriculture Code Sec. 52.102. OFFICERS.

  38. Tex. Agriculture Code Sec. 52.103. REMOVAL OF OFFICER OR DIRECTOR.

  39. Tex. Agriculture Code Sec. 52.104. BOND.

  40. Tex. Agriculture Code Sec. 52.105. REFERENDUM.

  41. Tex. Agriculture Code Sec. 52.121. FOREIGN COOPERATIVE CONSIDERED MARKETING ASSOCIATION. For the purposes of this chapter, a corporation or association organized, with or without capital stock, under a cooperative marketing act of another state or of the United States is considered to be a marketing association if the corporation or association:

  42. Tex. Agriculture Code Sec. 52.122. PERMITS TO DO BUSINESS.

  43. Tex. Agriculture Code Sec. 52.131. BREACH OR THREATENED BREACH OF MARKETING CONTRACT.

  44. Tex. Agriculture Code Sec. 52.132. INDUCED BREACH OF MARKETING CONTRACT; FALSE REPORTS. In a civil suit for damages, a person is liable to a marketing association for an amount equal to three times the amount of actual damages proven for each offense if the person, or where the person is a corporation, if an officer or employee of the corporation:

  45. Tex. Agriculture Code Sec. 52.151. TAX EXEMPTIONS. A marketing association is exempt from all franchise or license taxes, except that a marketing association is exempt from the franchise tax imposed by Chapter 171, Tax Code, only if exempted by that chapter.

Chapter 54

  1. Tex. Agriculture Code Sec. 54.001. PURPOSE. A corporation may be formed under this chapter to aid shareholders of its common stock in:

  2. Tex. Agriculture Code Sec. 54.002. POWERS.

  3. Tex. Agriculture Code Sec. 54.003. INCORPORATORS. Ten or more persons, five of whom are citizens of this state, may form a corporation under this chapter.

  4. Tex. Agriculture Code Sec. 54.004. CAPITAL STOCK REQUIREMENT FOR INCORPORATION. At the time of filing the articles of incorporation, a corporation formed under this chapter must have fully paid-up capital stock of $10,000 or more.

  5. Tex. Agriculture Code Sec. 54.005. CAPITAL STOCK.

  6. Tex. Agriculture Code Sec. 54.006. INVESTMENT BY OTHER CORPORATIONS. After obtaining the approval of the banking commissioner, any corporation organized under the laws of this state other than a savings bank may invest any part of its money in the preferred stock of a corporation formed under this chapter.

  7. Tex. Agriculture Code Sec. 54.007. INVESTMENT OF CAPITAL. At all times, a corporation formed under this chapter shall have $10,000 or more of its capital invested in securities approved by law for investment by savings banks.

  8. Tex. Agriculture Code Sec. 54.008. RATIO OF CAPITAL TO LOANS.

  9. Tex. Agriculture Code Sec. 54.009. LOANS AND DISCOUNTS.

  10. Tex. Agriculture Code Sec. 54.010. LIABILITY OF SHAREHOLDER.

  11. Tex. Agriculture Code Sec. 54.011. REPURCHASE OF STOCK.

  12. Tex. Agriculture Code Sec. 54.012. REPORTS. Before January 11 and July 11 of each year, a corporation formed under this chapter shall file with the secretary of state a report showing:

  13. Tex. Agriculture Code Sec. 54.013. EXEMPTION FROM FRANCHISE TAX. Corporations formed under this chapter are not required to pay franchise taxes.

Chapter 55

  1. Tex. Agriculture Code Sec. 55.001. POWERS. An association formed under this chapter may:

  2. Tex. Agriculture Code Sec. 55.002. INCORPORATORS.

  3. Tex. Agriculture Code Sec. 55.003. ARTICLES OF INCORPORATION. In addition to the requirements prescribed by the general corporation laws of the state, the articles of incorporation of an association formed under this chapter must state that the association may not obtain loans for, make loans to, purchase notes from, or discount notes for a person who is not a member of the association.

  4. Tex. Agriculture Code Sec. 55.004. CAPITAL STOCK.

  5. Tex. Agriculture Code Sec. 55.005. LOANS.

  6. Tex. Agriculture Code Sec. 55.006. RATIO OF CAPITAL TO LOANS.

  7. Tex. Agriculture Code Sec. 55.007. REPURCHASE OF STOCK.

  8. Tex. Agriculture Code Sec. 55.008. REPORTS. Before January 11, April 11, July 11, and October 11, each association formed under this chapter with capital stock shall file with the secretary of state:

  9. Tex. Agriculture Code Sec. 55.009. FEES.

  10. Tex. Agriculture Code Sec. 55.010. EXEMPTION FROM FRANCHISE TAX. An association formed under this chapter is exempt from all franchise or other license taxes, except that:

Chapter 56

  1. Tex. Agriculture Code Sec. 56.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 56.002. PURPOSE. An agricultural finance corporation may be organized to deal in:

  3. Tex. Agriculture Code Sec. 56.003. ASSETS REPRESENTED BY ACCEPTANCES OF BANKING CORPORATIONS. At any time, the total assets of an agricultural finance corporation that are represented by acceptances of banking corporations not secured by or representing ready marketable, staple, nonperishable agricultural products may not exceed an amount equal to 10 percent of the unimpaired capital of the corporation.

  4. Tex. Agriculture Code Sec. 56.004. CAPITAL STOCK. At all times an agricultural finance corporation shall have authorized capital stock in the amount of $500,000 or more.

  5. Tex. Agriculture Code Sec. 56.005. INVESTMENT OF CAPITAL. At all times, an agricultural finance corporation shall have one-half or more of its paid-in capital invested in obligations of the United States, this state, or political subdivisions or incorporated cities of this state.

  6. Tex. Agriculture Code Sec. 56.006. LIMIT OF INDEBTEDNESS.

  7. Tex. Agriculture Code Sec. 56.007. STOCK OWNERSHIP.

  8. Tex. Agriculture Code Sec. 56.008. REGULATION BY BANKING COMMISSIONER.

Chapter 58

  1. Tex. Agriculture Code Sec. 58.001. SHORT TITLE. This chapter may be cited as the Texas Agricultural Finance Act.

  2. Tex. Agriculture Code Sec. 58.002. DEFINITIONS. In this chapter:

  3. Tex. Agriculture Code Sec. 58.003. VENUE. A suit filed by or on behalf of the authority under this chapter may be brought in Travis County.

  4. Tex. Agriculture Code Sec. 58.011. CREATION OF AUTHORITY; PUBLIC PURPOSE.

  5. Tex. Agriculture Code Sec. 58.012. BOARD OF DIRECTORS.

  6. Tex. Agriculture Code Sec. 58.013. OFFICERS.

  7. Tex. Agriculture Code Sec. 58.014. MEETINGS; ADMINISTRATIVE PROCEDURE.

  8. Tex. Agriculture Code Sec. 58.015. ADMINISTRATION.

  9. Tex. Agriculture Code Sec. 58.016. FISCAL ACCOUNTING OF ADMINISTRATION.

  10. Tex. Agriculture Code Sec. 58.017. PERFORMANCE MEASURES. The Board, in conjunction with the Legislative Budget Board and the Office of the Governor, shall develop a minimum of two performance measures that provide information on the benefits of the authority's loan programs. The performance measures shall be included in the report required under Section 58.016(d) of this code or as a component of the measures incorporated into the General Appropriations Act.

  11. Tex. Agriculture Code Sec. 58.0171. REVIEW OF DEPARTMENT PLANS AND BUDGET REQUEST. The department shall provide the board with sufficient opportunity to review and comment on the finance program-related portions of the department strategic plan and the department biennial appropriation request, and any revision of a finance program-related portion of the plan or request, before submission to the legislature.

  12. Tex. Agriculture Code Sec. 58.0172. BOARD CONFLICT OF INTEREST.

  13. Tex. Agriculture Code Sec. 58.0173. REMOVAL OF BOARD MEMBER.

  14. Tex. Agriculture Code Sec. 58.0174. STANDARDS OF CONDUCT. The commissioner or the commissioner's designee shall provide to members of the board, as often as necessary, information regarding their qualification for office under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers.

  15. Tex. Agriculture Code Sec. 58.0175. SEPARATION OF RESPONSIBILITIES. The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the commissioner and the staff of the department.

  16. Tex. Agriculture Code Sec. 58.0176. BOARD MEMBER TRAINING.

  17. Tex. Agriculture Code Sec. 58.0177. APPOINTED MEMBER PREPARATION PROGRAM. The board shall provide each appointed member of the board financial training adequate to prepare the member for the responsibilities of board membership before the member may begin service.

  18. Tex. Agriculture Code Sec. 58.021. PURPOSES OF AUTHORITY.

  19. Tex. Agriculture Code Sec. 58.0211. LOAN LIMITS.

  20. Tex. Agriculture Code Sec. 58.022. POWERS OF AUTHORITY. The authority has all powers necessary to accomplish the purposes and programs of the authority, including the power:

  21. Tex. Agriculture Code Sec. 58.023. PROGRAMS RULES.

  22. Tex. Agriculture Code Sec. 58.024. AUTHORITY EXEMPTION FROM TAXATION. The property of the authority, its income, and operations are exempt from all taxes and assessments imposed by the state and all public agencies and political subdivisions on property acquired or used by the authority under this chapter.

  23. Tex. Agriculture Code Sec. 58.025. PUBLIC HEARINGS. The administrator, the commissioner, or an individual designated by the commissioner may conduct public hearings relating to issuance of the authority's bonds or the implementation of financial assistance, and the commissioner may act as the applicable elected representative for purposes of approving any bonds or financial assistance required to be approved, including any approval required under Section 147(f) of the Internal Revenue Code of 1986.

  24. Tex. Agriculture Code Sec. 58.026. LIMITATION OF LIABILITY FOR CERTAIN RECREATIONAL ACTIVITIES. Nothing in this chapter shall affect the applicability of Chapter 75, Civil Practice and Remedies Code.

  25. Tex. Agriculture Code Sec. 58.031. ISSUANCE OF GENERAL OBLIGATION BONDS.

  26. Tex. Agriculture Code Sec. 58.032. TEXAS AGRICULTURAL FUND.

  27. Tex. Agriculture Code Sec. 58.033. ISSUANCE OF REVENUE BONDS.

  28. Tex. Agriculture Code Sec. 58.034. GENERAL PROVISIONS RELATING TO BONDS.

  29. Tex. Agriculture Code Sec. 58.035. REFUNDING BONDS. The authority may issue, sell, and deliver bonds to refund all or any part of its outstanding bonds, including the payment of any redemption premium and interest accrued, under such terms, conditions, and details as determined by the board. Bonds issued by the authority may be refunded in the manner provided by any other applicable statute, including Chapter 1207, Government Code. Bonds, the provision for the payment of all interest and applicable premiums on which and the principal of which has been made through the irrevocable deposit of money with the comptroller in accordance with the provisions of such an applicable statute, shall no longer be charged against the issuing authority of the authority, and on the making of such provision such issuing authority shall, to the extent of the principal amount of such bonds, be restored.

  30. Tex. Agriculture Code Sec. 58.036. PAYMENT ENFORCEABLE BY MANDAMUS. Payment of the bonds and performance by the authority or the commissioner of its or his functions and duties under this chapter and the Texas Constitution may be enforced in the state supreme court by mandamus or other appropriate proceeding.

  31. Tex. Agriculture Code Sec. 58.037. BONDS AS INVESTMENTS.

  32. Tex. Agriculture Code Sec. 58.038. TAX STATUS OF BONDS. The bonds issued by the authority, any transaction relating to the bonds, and any profits made in the sale of the bonds are free from taxation by the state or by any city, county, special district, or other political subdivision of the state; provided that this section does not exempt the owner of any property financed under this chapter from any ad valorem, sales, use, excise, or other tax levied by the state or any political corporation of this state.

  33. Tex. Agriculture Code Sec. 58.039. REVIEW BOARD.

  34. Tex. Agriculture Code Sec. 58.040. CONSIDERATIONS IN FINANCING. In determining whether to provide financing under this chapter, the board shall consider the likelihood of success of the applicant and the effect of the financing on job creation and retention in the state. The board shall give preference to applicants who are Texas residents doing business in the state, and then to applicants who can demonstrate that the financed activities will take place predominantly in this state.

  35. Tex. Agriculture Code Sec. 58.041. ISSUANCE OF DEBT BY TEXAS PUBLIC FINANCE AUTHORITY.

  36. Tex. Agriculture Code Sec. 58.051. DEFINITIONS. In this subchapter:

  37. Tex. Agriculture Code Sec. 58.052. AGRICULTURAL LOAN GUARANTEE PROGRAM.

  38. Tex. Agriculture Code Sec. 58.053. APPLICATION FOR LOAN GUARANTEE.

  39. Tex. Agriculture Code Sec. 58.054. BOARD CONSIDERATION OF LOAN GUARANTEE APPLICATION. After reviewing the material submitted under Section 58.053, the board shall consider the following factors in deciding whether to approve an application for a loan guarantee:

  40. Tex. Agriculture Code Sec. 58.055. DEFAULT. If the recipient of a loan guarantee defaults on a loan that is guaranteed under this subchapter and the authority is required to honor its guarantee, the authority, through its representative, may bring suit against the defaulting party. Any suit brought by the authority under this section may have venue in Travis County.

  41. Tex. Agriculture Code Sec. 58.056. MONEY FOR LOAN GUARANTEE PROGRAM. The authority may accept gifts and grants of money from the federal government, local governments, private corporations, or other persons for use in the agricultural loan guarantee program. The legislature may appropriate money for the program.

  42. Tex. Agriculture Code Sec. 58.071. DEFINITIONS. In this subchapter:

  43. Tex. Agriculture Code Sec. 58.072. FARMER INTEREST RATE REDUCTION PROGRAM.

  44. Tex. Agriculture Code Sec. 58.073. COMPLIANCE.

  45. Tex. Agriculture Code Sec. 58.074. STATE LIABILITY PROHIBITED. The state is not liable to an eligible lending institution for payment of the principal, interest, or any late charges on a loan made under this subchapter. A delay in payment or default on a loan by a borrower does not affect the validity of the deposit agreement. Linked deposits are not an extension of the state's credit within the meaning of any state constitutional prohibition.

  46. Tex. Agriculture Code Sec. 58.075. LIMITATIONS IN PROGRAM.

  47. Tex. Agriculture Code Sec. 58.091. GRANT PROGRAM.

  48. Tex. Agriculture Code Sec. 58.092. ELIGIBILITY. To be eligible to receive a grant under this subchapter, an applicant must:

  49. Tex. Agriculture Code Sec. 58.093. AMOUNT OF GRANTS. A grant under the agriculture grant program may not be less than $5,000 or more than $500,000.

  50. Tex. Agriculture Code Sec. 58.094. APPLICATIONS.

  51. Tex. Agriculture Code Sec. 58.095. FUNDING. The source of funds for the agriculture grant program is the Texas agricultural fund.

  52. Tex. Agriculture Code Sec. 58.101. PEST AND DISEASE CONTROL AND DEPREDATION PROGRAM.

  53. Tex. Agriculture Code Sec. 58.102. APPLICATIONS. The Texas Animal Health Commission, Texas A&M AgriLife Extension Service, or Texas A&M AgriLife Research shall submit an application to receive financial assistance under this subchapter on a form approved by the board or the board's designee.

  54. Tex. Agriculture Code Sec. 58.103. FUNDING. The source of funds for the financial assistance program under this subchapter is the Texas agricultural fund.

  55. Tex. Agriculture Code Sec. 58.104. RULES. The board shall adopt rules to implement this subchapter, including rules governing the operation of the program.

Chapter 59

  1. Tex. Agriculture Code Sec. 59.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 59.002. DUTIES.

  3. Tex. Agriculture Code Sec. 59.003. LIMITED IMMUNITY FROM SUIT OR LIABILITY. A member of the board may be sued and held personally liable for damages that result from an official act or omission only if the act or omission is corrupt or malicious.

  4. Tex. Agriculture Code Sec. 59.011. BONDS.

  5. Tex. Agriculture Code Sec. 59.012. DISPOSITION OF BOND PROCEEDS.

  6. Tex. Agriculture Code Sec. 59.013. PAYMENT OF PRINCIPAL AND INTEREST. The board shall arrange for payment of the principal of bonds as they mature and the interest on the bonds as it becomes payable.

  7. Tex. Agriculture Code Sec. 59.014. APPROVAL BY ATTORNEY GENERAL. Before the bonds are delivered to the purchasers, the attorney general shall examine the record relating to the bonds. If the record demonstrates that the bonds have been issued in accordance with the Texas Constitution and this chapter, the attorney general shall approve the bonds.

  8. Tex. Agriculture Code Sec. 59.015. USE OF FUND TO PAY COSTS OF ISSUANCE AND DEBT SERVICE.

  9. Tex. Agriculture Code Sec. 59.016. INVESTMENTS.

  10. Tex. Agriculture Code Sec. 59.021. FUND.

  11. Tex. Agriculture Code Sec. 59.022. RULES.

  12. Tex. Agriculture Code Sec. 59.023. POWERS OF BOARD. The board has the power necessary to accomplish the purposes and carry out the programs provided by this chapter, including the power:

  13. Tex. Agriculture Code Sec. 59.024. APPLICATION; ELIGIBILITY.

  14. Tex. Agriculture Code Sec. 59.025. MAXIMUM AMOUNT OF LOAN OR GUARANTEE.

  15. Tex. Agriculture Code Sec. 59.026. TRANSFER OF BORROWER'S INTEREST.

  16. Tex. Agriculture Code Sec. 59.027. CHANGES IN USE.

  17. Tex. Agriculture Code Sec. 59.028. APPRAISAL.

  18. Tex. Agriculture Code Sec. 59.029. PAYMENTS TO BOARD UNDER CERTAIN LEASES. If, during a period a person is indebted to the board for land purchased with financial assistance under this chapter, the person executes or there exists a lease or contract of sale of oil, gas, or other minerals, chemicals, hard metals, timber, sand, gravel, or other material that covers the land purchased from the board that would result in the depletion of the corpus of the land, not less than one-half of all bonus money, delay rentals, or royalties received as consideration for or payment under the oil, gas, or mineral lease and not less than one-half of all money received under a lease or contract of sale of other minerals, chemicals, hard metals, timber, sand, gravel, or other material shall be paid to the board by the lessee under the lease or the buyer under the contract of sale. The board shall apply those payments to the satisfaction of the indebtedness.

  19. Tex. Agriculture Code Sec. 59.030. TERM OF LEASES.

  20. Tex. Agriculture Code Sec. 59.031. DEATH OF A BORROWER.

  21. Tex. Agriculture Code Sec. 59.032. UNENCUMBERED TITLE. The board may establish a procedure by which a borrower acquiring land with a loan under this chapter may obtain title to a portion of the tract clear of encumbrances.

  22. Tex. Agriculture Code Sec. 59.046. FALSE OR FICTITIOUS WRITTEN STATEMENT.

  23. Tex. Agriculture Code Sec. 59.047. FRAUD.

Chapter 60

  1. Tex. Agriculture Code Sec. 60.001. SHORT TITLE. This chapter may be cited as the Agricultural Development District Act.

  2. Tex. Agriculture Code Sec. 60.002. LEGISLATIVE INTENT. This chapter furthers the public purpose of improving the economy of this state by providing incentives for the development of agricultural operations and facilities.

  3. Tex. Agriculture Code Sec. 60.003. FINDINGS.

  4. Tex. Agriculture Code Sec. 60.004. DEFINITIONS. In this chapter:

  5. Tex. Agriculture Code Sec. 60.005. GOVERNMENTAL AGENCY; TORT CLAIMS. A district is a governmental agency, a body politic and corporate, and a political subdivision of this state. Section 375.004, Local Government Code, applies to a district.

  6. Tex. Agriculture Code Sec. 60.006. PURPOSE AND NATURE OF DISTRICT.

  7. Tex. Agriculture Code Sec. 60.021. PETITION TO ESTABLISH DISTRICT.

  8. Tex. Agriculture Code Sec. 60.022. CONTENTS OF PETITION. A petition filed under Section 60.021 must:

  9. Tex. Agriculture Code Sec. 60.023. COMMISSIONERS COURT TO CALL PUBLIC HEARING. Before the 30th day after the date a petition is received, the commissioners court shall call a public hearing at which the petition will be considered. The notice of the hearing must state that any person may appear and present evidence or testify for or against the creation of the district.

  10. Tex. Agriculture Code Sec. 60.024. ADDITIONAL NOTICE OF PUBLIC HEARING. In addition to other notice required by law, before the 14th day before the date of the public hearing, notice of the hearing shall be mailed to the persons who signed the petition and be published in a newspaper with general circulation in the county with the most land within the proposed district.

  11. Tex. Agriculture Code Sec. 60.025. PUBLIC HEARING.

  12. Tex. Agriculture Code Sec. 60.026. ACTION ON PETITION.

  13. Tex. Agriculture Code Sec. 60.027. TEMPORARY DIRECTORS; VACANCY IN OFFICE.

  14. Tex. Agriculture Code Sec. 60.028. QUALIFICATION AND BOND OF TEMPORARY DIRECTORS. Each temporary director shall execute a bond in accordance with Section 60.087 and shall take the oath of office.

  15. Tex. Agriculture Code Sec. 60.029. ELECTION TO CONFIRM DISTRICT AND INITIAL PERMANENT DIRECTORS. The temporary board of directors shall conduct an election in the district to confirm the creation of the district and to confirm the initial permanent directors.

  16. Tex. Agriculture Code Sec. 60.030. ELECTION ORDER. An order calling an election under Section 60.029 must state:

  17. Tex. Agriculture Code Sec. 60.031. NOTICE. In addition to other notice required by law, the temporary directors shall give notice of the election by publishing the substance of the election order in a newspaper with general circulation in the county in which the most land within the proposed district is located. The notice must be published before the 14th day before the date set for the election.

  18. Tex. Agriculture Code Sec. 60.032. CONDUCT OF ELECTION.

  19. Tex. Agriculture Code Sec. 60.033. ELECTION RESULTS.

  20. Tex. Agriculture Code Sec. 60.051. GENERAL POWERS AND DUTIES.

  21. Tex. Agriculture Code Sec. 60.052. ECONOMIC DEVELOPMENT. A district may encourage the economic development of the area in which the district is located by:

  22. Tex. Agriculture Code Sec. 60.053. AGRICULTURAL DEVELOPMENT.

  23. Tex. Agriculture Code Sec. 60.054. AGRICULTURAL PROJECTS; NOTICE.

  24. Tex. Agriculture Code Sec. 60.055. TRANSPORTATION DEVELOPMENT; NAVIGATION DISTRICTS.

  25. Tex. Agriculture Code Sec. 60.056. AGREEMENTS; DONATIONS.

  26. Tex. Agriculture Code Sec. 60.057. PROPERTY. The district may acquire or dispose of property in any manner, including by:

  27. Tex. Agriculture Code Sec. 60.058. EMINENT DOMAIN. The district may exercise the power of eminent domain for the purpose of acquiring an agricultural facility in order to own, operate, or maintain its functional capabilities or the land on which an agricultural facility is to be built, if the land will be owned by the district. The use of the land may be the subject of a lease agreement entered into by the district.

  28. Tex. Agriculture Code Sec. 60.059. RESEARCH. The district may conduct or pay for research for agricultural purposes.

  29. Tex. Agriculture Code Sec. 60.060. SUITS.

  30. Tex. Agriculture Code Sec. 60.061. ANNEXATION; EXCLUDING TERRITORY.

  31. Tex. Agriculture Code Sec. 60.062. POWERS BEYOND DISTRICT TERRITORY. The district may exercise any of its powers outside the boundaries of the district, except the power to impose assessments and the power of eminent domain, if the board determines that there is a benefit to the district in exercising that power.

  32. Tex. Agriculture Code Sec. 60.063. NOTICE TO PURCHASERS.

  33. Tex. Agriculture Code Sec. 60.0631. FILING INFORMATION.

  34. Tex. Agriculture Code Sec. 60.064. OFFICIAL SEAL. The district may adopt an official seal for the district.

  35. Tex. Agriculture Code Sec. 60.065. LIMIT ON DISTRICT POWERS. The district may not exercise a power unless it furthers the purposes of this chapter.

  36. Tex. Agriculture Code Sec. 60.081. BOARD OF DIRECTORS.

  37. Tex. Agriculture Code Sec. 60.082. VACANCIES. The remaining directors shall fill by appointment for the unexpired term a vacancy in the office of director.

  38. Tex. Agriculture Code Sec. 60.083. BOARD MEETINGS. The board shall meet at least once every three months and at the call of the presiding officer or a majority of the directors.

  39. Tex. Agriculture Code Sec. 60.084. MANAGEMENT OF DISTRICT.

  40. Tex. Agriculture Code Sec. 60.085. HEARINGS.

  41. Tex. Agriculture Code Sec. 60.086. COMPENSATION AND EXPENSES. A director serves without compensation but is entitled to be reimbursed by the district for a reasonable and necessary expense incurred in performing an official duty.

  42. Tex. Agriculture Code Sec. 60.087. DIRECTOR'S BOND.

  43. Tex. Agriculture Code Sec. 60.088. CONFLICTS OF INTEREST; AFFIDAVIT OF INTEREST.

  44. Tex. Agriculture Code Sec. 60.101. MISCELLANEOUS FINANCIAL POWERS AND DUTIES.

  45. Tex. Agriculture Code Sec. 60.102. REPAYMENT OF ORGANIZATIONAL EXPENSES. The directors may pay:

  46. Tex. Agriculture Code Sec. 60.103. BONDS.

  47. Tex. Agriculture Code Sec. 60.104. APPROVAL OF ASSESSMENT BONDS. A bond secured by an assessment may not be issued unless the district receives a written petition signed by each owner of the property being assessed requesting the assessment and the issuance of bonds.

  48. Tex. Agriculture Code Sec. 60.105. AGRICULTURAL FINANCE AUTHORITY BONDS.

  49. Tex. Agriculture Code Sec. 60.106. TAX INCREMENT FINANCING.

  50. Tex. Agriculture Code Sec. 60.121. GENERAL POWERS.

  51. Tex. Agriculture Code Sec. 60.122. LIMITS ON ASSESSMENTS.

  52. Tex. Agriculture Code Sec. 60.123. HEARING AND PETITION REQUIRED. A district may impose an assessment only if:

  53. Tex. Agriculture Code Sec. 60.124. APPORTIONMENT OF COST. The board shall apportion the cost of an assessment according to the special benefits accruing to the real property or product because of the project or service to be financed by the assessment. The cost may be assessed on real property or on an agricultural product produced on real property, as appropriate:

  54. Tex. Agriculture Code Sec. 60.125. ASSESSMENT TO FINANCE A PROJECT OR SERVICE. If the board determines the total cost of an assessment to finance a project or service, the board shall impose the assessment against each parcel of land or against the agricultural product against which an assessment may be imposed in the district. The board may impose an annual assessment for a service. The amount of an annual assessment may vary from year to year, but may not exceed the amount necessary to pay the costs and debts of a project to be financed by the assessment.

  55. Tex. Agriculture Code Sec. 60.126. ASSESSMENT ROLL.

  56. Tex. Agriculture Code Sec. 60.127. INTEREST ON ASSESSMENTS; LIEN.

  57. Tex. Agriculture Code Sec. 60.128. MISTAKES. After notice and hearing in the manner required for an original assessment, the board may impose an assessment to correct a mistake in the assessment:

  58. Tex. Agriculture Code Sec. 60.129. NOTICE OF HEARING.

  59. Tex. Agriculture Code Sec. 60.130. CONDUCT OF HEARING.

  60. Tex. Agriculture Code Sec. 60.131. REHEARING. On petition of a property owner contesting an assessment of the owner's real property or agricultural products received not later than the 30th day after the date the assessment order is issued, the board may hold an additional hearing to consider the assessment order.

  61. Tex. Agriculture Code Sec. 60.132. FILING OF NOTICE OF ASSESSMENT. Not later than the 30th day after the date on which an assessment order is issued, the district shall file a notice of the assessment in the deed records of the county in which the real property to be assessed, or on which the agricultural product to be assessed is produced, is located. The notice must:

  62. Tex. Agriculture Code Sec. 60.133. APPEAL OF INDIVIDUAL ASSESSMENT.

  63. Tex. Agriculture Code Sec. 60.134. ASSESSMENT AFTER APPEAL. If the court holds that an assessment is invalid, the board may impose a new assessment in accordance with this subchapter.

  64. Tex. Agriculture Code Sec. 60.151. DISSOLUTION. The district dissolves if:

  65. Tex. Agriculture Code Sec. 60.152. DISPOSITION OF PROPERTY OF DISSOLVED DISTRICT. Prior to dissolution, the board may sell its property. If the purchaser of any district property is not a governmental entity, purchase by the person renders the agricultural facility or other property ineligible to issue tax-exempt securities, to impose assessments, or to be eligible for tax-exempt status.

Chapter 61

  1. Tex. Agriculture Code Sec. 61.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 61.002. ADMINISTRATION; RULES.

  3. Tex. Agriculture Code Sec. 61.003. CLASSIFICATION OF SEEDS. The department by rule may classify and define types, kinds, classes, genera, species, subspecies, hybrids, and varieties of agricultural, vegetable, and weed seeds for the purposes of this chapter.

  4. Tex. Agriculture Code Sec. 61.004. LABELING OF AGRICULTURAL SEED.

  5. Tex. Agriculture Code Sec. 61.005. LABELING OF VEGETABLE SEED.

  6. Tex. Agriculture Code Sec. 61.006. LABELING OF TREATED SEED.

  7. Tex. Agriculture Code Sec. 61.007. CERTIFIED SEED.

  8. Tex. Agriculture Code Sec. 61.008. NOXIOUS WEED CONTENT. The department by rule may classify noxious weeds and establish the rate allowed or prohibit the inclusion of a noxious weed in a container of agricultural or vegetable seed.

  9. Tex. Agriculture Code Sec. 61.009. GERMINATION AND PURITY TESTING.

  10. Tex. Agriculture Code Sec. 61.010. INSPECTION OF SEED.

  11. Tex. Agriculture Code Sec. 61.011. AGRICULTURAL SEED INSPECTION FEE AND PERMIT.

  12. Tex. Agriculture Code Sec. 61.012. CANCELLATION OR REVOCATION OF AGRICULTURAL SEED PERMIT.

  13. Tex. Agriculture Code Sec. 61.013. VEGETABLE SEED LICENSE.

  14. Tex. Agriculture Code Sec. 61.0135. REVOCATION, MODIFICATION, OR SUSPENSION OF LICENSE.

  15. Tex. Agriculture Code Sec. 61.014. STOP-SALE ORDER.

  16. Tex. Agriculture Code Sec. 61.015. SEIZURE OF SEED NOT IN COMPLIANCE.

  17. Tex. Agriculture Code Sec. 61.016. EXCEPTIONS.

  18. Tex. Agriculture Code Sec. 61.017. PROSECUTIONS.

  19. Tex. Agriculture Code Sec. 61.018. PENALTIES.

  20. Tex. Agriculture Code Sec. 61.019. LOCAL REGULATION OF SEED PROHIBITED.

Chapter 62

  1. Tex. Agriculture Code Sec. 62.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 62.002. STATE SEED AND PLANT BOARD.

  3. Tex. Agriculture Code Sec. 62.0021. MEETINGS BY TELEPHONE CONFERENCE CALL.

  4. Tex. Agriculture Code Sec. 62.0022. BOARD CONFLICT OF INTEREST.

  5. Tex. Agriculture Code Sec. 62.0023. REMOVAL OF BOARD MEMBER.

  6. Tex. Agriculture Code Sec. 62.0024. STANDARDS OF CONDUCT. The commissioner or the commissioner's designee shall provide to members of the board, as often as necessary, information regarding their qualification for office under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.

  7. Tex. Agriculture Code Sec. 62.0025. BOARD MEETINGS; ADMINISTRATIVE PROCEDURE.

  8. Tex. Agriculture Code Sec. 62.0026. SEPARATION OF RESPONSIBILITIES. The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the commissioner and the staff of the department.

  9. Tex. Agriculture Code Sec. 62.0027. BOARD MEMBER TRAINING.

  10. Tex. Agriculture Code Sec. 62.003. CLASSES OF CERTIFIED SEED.

  11. Tex. Agriculture Code Sec. 62.004. ELIGIBILITY FOR AND STANDARDS OF CERTIFICATION.

  12. Tex. Agriculture Code Sec. 62.005. LICENSING OF PRODUCERS OF FOUNDATION, REGISTERED, OR CERTIFIED SEED.

  13. Tex. Agriculture Code Sec. 62.006. REGISTRATION OF PLANT BREEDERS.

  14. Tex. Agriculture Code Sec. 62.0065. NOTICE AND ANALYSIS OF EXAMINATION RESULTS.

  15. Tex. Agriculture Code Sec. 62.008. CERTIFICATION OF SEED AND PLANTS.

  16. Tex. Agriculture Code Sec. 62.009. SEED AND PLANTS FROM OUTSIDE THE STATE.

  17. Tex. Agriculture Code Sec. 62.010. REVOCATION, MODIFICATION, OR SUSPENSION OF REGISTRATION OR LICENSE.

  18. Tex. Agriculture Code Sec. 62.011. PENALTIES.

Chapter 63

  1. Tex. Agriculture Code Sec. 63.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 63.002. COMMERCIAL FERTILIZER.

  3. Tex. Agriculture Code Sec. 63.0025. CERTAIN ANALYSES NOT GUARANTEE OF NUTRIENT LEVELS. A representative laboratory analysis conducted for purposes of fulfilling a requirement established by a federal agency or a state agency other than the department may not:

  4. Tex. Agriculture Code Sec. 63.003. ADMINISTRATION.

  5. Tex. Agriculture Code Sec. 63.004. RULES; STANDARDS. Following a public hearing, the service may adopt rules relating to the distribution of commercial fertilizers that the service finds necessary to carry into full effect the intent and meaning of this chapter including rules defining and establishing standards for commercial fertilizer. To the extent practicable, rules that define and establish standards for commercial fertilizer shall be in harmony with the official standards of the Association of American Plant Food Control Officials.

  6. Tex. Agriculture Code Sec. 63.005. PUBLICATIONS.

  7. Tex. Agriculture Code Sec. 63.006. APPLICATION.

  8. Tex. Agriculture Code Sec. 63.007. EFFECT ON OTHER LAW. This chapter preempts and supersedes any ordinance, order, or rule adopted by a political subdivision of this state relating to the regulation, registration, packaging, labeling, sale, distribution, use, or application of commercial fertilizer.

  9. Tex. Agriculture Code Sec. 63.021. GRADE STATEMENTS. Any statement of the grade of a commercial fertilizer shall be stated in whole numbers in the following order:

  10. Tex. Agriculture Code Sec. 63.031. PERMIT AND REGISTRATION REQUIRED.

  11. Tex. Agriculture Code Sec. 63.032. APPLICATION FOR REGISTRATION.

  12. Tex. Agriculture Code Sec. 63.033. TERM OF PERMIT AND REGISTRATION. A permit or registration issued under this chapter is permanent unless:

  13. Tex. Agriculture Code Sec. 63.034. REFUSAL OR REVOCATION OF PERMIT. Following notice and a hearing, the service may revoke, suspend, annul, or amend an existing permit or may refuse to issue a permit if it finds that the permittee or applicant has:

  14. Tex. Agriculture Code Sec. 63.035. REFUSAL OR REVOCATION OF REGISTRATION. Following notice and a hearing, the service may revoke, suspend, annul, or amend an existing registration of or may refuse a registration to a commercial fertilizer if the service finds that:

  15. Tex. Agriculture Code Sec. 63.051. LABELING OF COMMERCIAL FERTILIZER.

  16. Tex. Agriculture Code Sec. 63.052. MISLEADING LABEL. The label of a commercial fertilizer may not be misleading in any particular.

  17. Tex. Agriculture Code Sec. 63.053. LABELING OF CUSTOMER-FORMULA FERTILIZER. A person distributing customer-formula fertilizer in this state shall at the time of delivery furnish to the purchaser a label showing:

  18. Tex. Agriculture Code Sec. 63.054. GENERAL LABEL RESTRICTIONS. Except as authorized by this chapter or a rule of the service, the label of a commercial fertilizer may not:

  19. Tex. Agriculture Code Sec. 63.071. INSPECTION FEE.

  20. Tex. Agriculture Code Sec. 63.072. TONNAGE REPORT AND INSPECTION FEE PAYMENT.

  21. Tex. Agriculture Code Sec. 63.073. PENALTY FOR LATE FILING OR PAYMENT.

  22. Tex. Agriculture Code Sec. 63.074. RECORDS; ADDITIONAL REPORTS; AUDITS.

  23. Tex. Agriculture Code Sec. 63.075. DISPOSITION AND USE OF FEES.

  24. Tex. Agriculture Code Sec. 63.091. INSPECTION AND SAMPLING; ENTRY POWER. In order to determine if commercial fertilizer is in compliance with this chapter, the service is entitled to:

  25. Tex. Agriculture Code Sec. 63.092. PROCEDURE FOR SAMPLING AND ANALYSIS. The service by rule shall prescribe the procedures for sampling and analysis of commercial fertilizers. The procedures must, to the extent practicable, be in accordance with the official methods of the Association of Official Analytical Chemists or other methods that the service considers authentic by research and investigation.

  26. Tex. Agriculture Code Sec. 63.093. IDENTIFICATION OF SAMPLE.

  27. Tex. Agriculture Code Sec. 63.094. INDEPENDENT ANALYSIS OF SAMPLE.

  28. Tex. Agriculture Code Sec. 63.095. TESTING OF SAMPLES ON REQUEST. In accordance with the rules of the director, any person may submit a sample of a commercial fertilizer to the director for analysis. The results of the analysis shall be for informational purposes only, may not identify the manufacturer, and may not be published.

  29. Tex. Agriculture Code Sec. 63.121. STOP-SALE ORDER.

  30. Tex. Agriculture Code Sec. 63.122. CONDEMNATION OF FERTILIZER.

  31. Tex. Agriculture Code Sec. 63.123. WARNINGS. If the service determines that a violation of this chapter is of a minor nature and that the public interest will be served and protected by the issuance of a written warning, the service may issue the warning instead of proceeding to condemn the fertilizer, report the violation for prosecution, or take other administrative action.

  32. Tex. Agriculture Code Sec. 63.124. INJUNCTION.

  33. Tex. Agriculture Code Sec. 63.125. SUIT TO RECOVER FEES. The service may sue to recover an inspection fee or penalty due under Subchapter E of this chapter. Venue for a suit under this section is in Brazos County.

  34. Tex. Agriculture Code Sec. 63.126. PROSECUTIONS. Each district attorney, criminal district attorney, or county attorney to whom the service reports a violation of this chapter shall cause appropriate proceedings to be instituted and prosecuted in the proper court without delay in the manner provided by law.

  35. Tex. Agriculture Code Sec. 63.127. VENUE FOR CIVIL AND CRIMINAL ACTIONS. Except as provided by Section 63.125 of this chapter, venue for a civil action or criminal prosecution under this chapter is in the county in which the commercial fertilizer is located at the time the alleged violation is discovered by or made known to the service.

  36. Tex. Agriculture Code Sec. 63.128. APPEAL OF ADMINISTRATIVE ORDER OR RULING.

  37. Tex. Agriculture Code Sec. 63.141. GENERAL PENALTY.

  38. Tex. Agriculture Code Sec. 63.142. DISTRIBUTION OF MISBRANDED FERTILIZER.

  39. Tex. Agriculture Code Sec. 63.143. DISTRIBUTION OF ADULTERATED FERTILIZER.

  40. Tex. Agriculture Code Sec. 63.144. DISTRIBUTION OF COMMERCIAL FERTILIZER WITHOUT REGISTRATION, LABELING, OR PAYMENT OF INSPECTION FEE.

  41. Tex. Agriculture Code Sec. 63.145. REFUSAL OF INSPECTION OR SAMPLING.

  42. Tex. Agriculture Code Sec. 63.146. REFUSAL TO PAY INSPECTION FEE OR SUBMIT RECORDS.

  43. Tex. Agriculture Code Sec. 63.151. DEFINITIONS. In this subchapter:

  44. Tex. Agriculture Code Sec. 63.152. REGISTRATION REQUIRED.

  45. Tex. Agriculture Code Sec. 63.153. SECURITY REQUIREMENTS. A person who engages in the sale of ammonium nitrate or ammonium nitrate material shall take steps to secure the ammonium nitrate or ammonium nitrate material stored at the person's facility against vandalism, theft, or other unauthorized access, including:

  46. Tex. Agriculture Code Sec. 63.154. SALE OF AMMONIUM NITRATE.

  47. Tex. Agriculture Code Sec. 63.155. MAINTENANCE OF RECORDS. A person who offers to sell or sells ammonium nitrate or ammonium nitrate material shall maintain each record made under Section 63.154 until at least the second anniversary of the date the record is made and shall make each record only available on request by:

  48. Tex. Agriculture Code Sec. 63.156. SUSPENSION OF REGISTRATION. If the service finds that a person registered under this subchapter offered to sell or sold ammonium nitrate or ammonium nitrate material in violation of this subchapter or a rule adopted under this subchapter, the service may:

  49. Tex. Agriculture Code Sec. 63.157. CRIMINAL PENALTY.

  50. Tex. Agriculture Code Sec. 63.158. FIRE PREVENTION AT AMMONIUM NITRATE STORAGE FACILITIES.

Chapter 64

  1. Tex. Agriculture Code Sec. 64.001. APPLICABILITY. This chapter applies only to claims or counterclaims due to the failure of seed purchased in a seed bag or package that contains or has attached the notice required by Section 64.003 of this code.

  2. Tex. Agriculture Code Sec. 64.002. REQUIREMENT OF ARBITRATION.

  3. Tex. Agriculture Code Sec. 64.003. NOTICE OF ARBITRATION REQUIREMENT.

  4. Tex. Agriculture Code Sec. 64.004. EFFECT OF ARBITRATION. In any litigation involving a complaint that has been the subject of arbitration under this chapter, any party may introduce the report of arbitration as evidence of the facts found in the report, and the court may give such weight to the arbitration board's findings of fact, conclusions of law, and recommendations as to damages and costs as the court determines advisable. The court may also take into account any findings of the board of arbitration with respect to the failure of any party to cooperate in the arbitration proceedings, including the arbitration board's ability to determine the facts of the case.

  5. Tex. Agriculture Code Sec. 64.005. ARBITRATION BOARD.

  6. Tex. Agriculture Code Sec. 64.006. ARBITRATION PROCEDURES.

  7. Tex. Agriculture Code Sec. 64.0065. EFFECT OF NONCOMPLIANCE. The arbitration board may dismiss a purchaser's claim to arbitration if the purchaser fails to submit the claim within the period prescribed by Section 64.002(a).

  8. Tex. Agriculture Code Sec. 64.007. DEPARTMENT RULES. The department may adopt rules necessary to carry out the purposes of this chapter.

Chapter 71

  1. Tex. Agriculture Code Sec. 71.001. QUARANTINES AGAINST OUT-OF-STATE DISEASES AND PESTS. If the department determines that a dangerous insect pest or plant disease new to and not widely distributed in this state exists in any area outside the state, the department shall establish a quarantine against the infested area at the boundaries of the state or in other areas within the state.

  2. Tex. Agriculture Code Sec. 71.002. QUARANTINES AGAINST IN-STATE DISEASES AND PESTS. If the department determines that a dangerous insect pest or plant disease not widely distributed in this state exists within an area of the state, the department shall quarantine the infested area.

  3. Tex. Agriculture Code Sec. 71.003. QUARANTINES AROUND PEST-FREE AREAS.

  4. Tex. Agriculture Code Sec. 71.004. EMERGENCY QUARANTINES.

  5. Tex. Agriculture Code Sec. 71.005. MOVEMENT OF PLANTS FROM QUARANTINED AREA.

  6. Tex. Agriculture Code Sec. 71.006. HEARING.

  7. Tex. Agriculture Code Sec. 71.007. RULES.

  8. Tex. Agriculture Code Sec. 71.008. CONTROL OR ERADICATION ZONE.

  9. Tex. Agriculture Code Sec. 71.0081. VEHICLE INSPECTIONS FOR INSECT PESTS OR PLANT DISEASES.

  10. Tex. Agriculture Code Sec. 71.0082. INSPECTIONS FOR CERTAIN PESTS AND DISEASES.

  11. Tex. Agriculture Code Sec. 71.0083. AGRICULTURE WARRANTS.

  12. Tex. Agriculture Code Sec. 71.009. SEIZURE, TREATMENT, AND DESTRUCTION OF PLANTS, PLANT PRODUCTS, AND OTHER SUBSTANCES.

  13. Tex. Agriculture Code Sec. 71.0091. SEIZURE, TREATMENT, AND DESTRUCTION OF A CITRUS PLANT, CITRUS PLANT PRODUCT, OR CITRUS SUBSTANCE.

  14. Tex. Agriculture Code Sec. 71.0092. SEIZURE, TREATMENT, HANDLING, AND DESTRUCTION OF CERTAIN MATERIALS WITHIN QUARANTINED AREA.

  15. Tex. Agriculture Code Sec. 71.010. APPEALS.

  16. Tex. Agriculture Code Sec. 71.0101. DEPARTMENT OF PUBLIC SAFETY TO COOPERATE. The Department of Public Safety shall cooperate with the department in conducting inspections and enforcing the provisions of this subchapter.

  17. Tex. Agriculture Code Sec. 71.011. PROTECTION OF CARRIER FROM DAMAGES. A carrier, including a railway, steamship, motorboat, bus, or truck, is not liable to a consignor or consignee for damages for refusing to receive and transport, or refusing to deliver across or into an area protected by a quarantine, any fruit, plant, shrub, or other carrier of an insect pest or plant disease in violation of an order or rule of the department under this subchapter.

  18. Tex. Agriculture Code Sec. 71.012. CIVIL PENALTY; INJUNCTION.

  19. Tex. Agriculture Code Sec. 71.013. CRIMINAL PENALTIES.

  20. Tex. Agriculture Code Sec. 71.041. DEFINITIONS. In this subchapter:

  21. Tex. Agriculture Code Sec. 71.042. DUTY OF DEPARTMENT; RULES. The department shall enforce this subchapter and may adopt rules as necessary for the immunity and protection of plants from diseases and insect pests, including rules that:

  22. Tex. Agriculture Code Sec. 71.043. ANNUAL REGISTRATION.

  23. Tex. Agriculture Code Sec. 71.044. INSPECTION.

  24. Tex. Agriculture Code Sec. 71.046. TREATMENT OR DESTRUCTION OF DISEASED OR INFESTED PLANTS OR PREMISES.

  25. Tex. Agriculture Code Sec. 71.047. EXPENSE OF TREATMENT.

  26. Tex. Agriculture Code Sec. 71.048. APPEAL OF NOTICE OR ORDER.

  27. Tex. Agriculture Code Sec. 71.049. ENFORCEMENT OF NOTICE OR ORDER.

  28. Tex. Agriculture Code Sec. 71.050. CERTIFICATE TO ACCOMPANY SHIPMENT.

  29. Tex. Agriculture Code Sec. 71.051. IMPORTATION CERTIFICATES.

  30. Tex. Agriculture Code Sec. 71.053. INSPECTION OF SHIPMENTS.

  31. Tex. Agriculture Code Sec. 71.054. PROTECTION OF CARRIERS FROM LIABILITY; REPORTING OF UNLAWFUL SHIPMENTS.

  32. Tex. Agriculture Code Sec. 71.055. REVOCATION OF CERTIFICATE. The department may revoke a certificate issued under this subchapter if it finds that the person to whom the certificate was issued:

  33. Tex. Agriculture Code Sec. 71.056. INSPECTION FEES.

  34. Tex. Agriculture Code Sec. 71.057. NURSERY DEALERS AND AGENTS; ANNUAL REGISTRATION.

  35. Tex. Agriculture Code Sec. 71.058. PENALTIES.

  36. Tex. Agriculture Code Sec. 71.059. CIVIL PENALTY; INJUNCTION.

  37. Tex. Agriculture Code Sec. 71.060. STOP-SALE ORDER.

  38. Tex. Agriculture Code Sec. 71.101. DUTY OF DEPARTMENT; RULES. The department shall enforce this subchapter and may appoint inspectors and adopt rules necessary for that enforcement.

  39. Tex. Agriculture Code Sec. 71.102. FIELD INSPECTION. The department shall conduct field inspections of vegetable plants and certify those plants prior to the preparation for shipment in order to provide the purchaser of the plants with an honest and reliable opinion on the freedom of the plants from disease and fungus infection and insect infestation and to ensure the proper packaging and handling of certified plants.

  40. Tex. Agriculture Code Sec. 71.103. INSPECTION CERTIFICATE.

  41. Tex. Agriculture Code Sec. 71.104. TOMATO DISEASES AND INSECTS. The department shall determine that tomato plants are apparently free from the following diseases and from damaging infestation of the following pests:

  42. Tex. Agriculture Code Sec. 71.105. CRUCIFEROUS PLANT DISEASES AND INSECTS. The department shall determine that cruciferous plants, including cabbage, cauliflower, broccoli, and collards, are apparently free from the following diseases and from damaging infestation of the following insects:

  43. Tex. Agriculture Code Sec. 71.106. PEPPER DISEASES. The department shall determine that pepper plants are apparently free from the following diseases:

  44. Tex. Agriculture Code Sec. 71.107. ONION DISEASES AND INSECTS. The department shall determine that onion plants are apparently free from the following diseases and from damaging infestation of the following insects:

  45. Tex. Agriculture Code Sec. 71.108. EGGPLANT DISEASES. The department shall determine that eggplants are apparently free from the following diseases:

  46. Tex. Agriculture Code Sec. 71.109. SWEET POTATO DISEASES AND INSECTS. The department shall determine that sweet potato plants are apparently free from the following plant diseases and insects:

  47. Tex. Agriculture Code Sec. 71.110. TREATMENT OR DESTRUCTION OF PLANTS.

  48. Tex. Agriculture Code Sec. 71.111. CERTIFICATE FOR IMPORTED PLANTS.

  49. Tex. Agriculture Code Sec. 71.112. PROTECTION OF CARRIERS FROM LIABILITY. A transportation company or common carrier is not liable for damages to the consignee or consignor for refusing to receive for transportation or refusing to deliver plants subject to certification under this subchapter that are not accompanied by a certificate tag or stamp.

  50. Tex. Agriculture Code Sec. 71.113. REVOCATION OF CERTIFICATE. The department may revoke a certificate tag or stamp issued to a plant grower who:

  51. Tex. Agriculture Code Sec. 71.114. FEES.

  52. Tex. Agriculture Code Sec. 71.115. PACKAGING AND LABELING OF CERTIFIED PLANTS.

  53. Tex. Agriculture Code Sec. 71.116. PENALTIES.

  54. Tex. Agriculture Code Sec. 71.117. CIVIL PENALTY; INJUNCTION.

  55. Tex. Agriculture Code Sec. 71.151. LIST REQUIRED.

  56. Tex. Agriculture Code Sec. 71.152. NOXIOUS OR INVASIVE PLANT SALE, DISTRIBUTION, OR IMPORTATION PROHIBITED.

  57. Tex. Agriculture Code Sec. 71.153. LOCAL REGULATION.

  58. Tex. Agriculture Code Sec. 71.154. DISCLAIMER REQUIRED.

  59. Tex. Agriculture Code Sec. 71.201. DEFINITIONS. In this subchapter:

  60. Tex. Agriculture Code Sec. 71.202. COOPERATIVE AGREEMENT.

  61. Tex. Agriculture Code Sec. 71.203. APPLICATION.

  62. Tex. Agriculture Code Sec. 71.204. USE OF FUNDS.

  63. Tex. Agriculture Code Sec. 71.205. SPECIAL FUNDING CONSIDERATIONS. The department shall provide money to an institution of higher education to carry out plant pest and disease detection and surveillance under a cooperative agreement if the department determines that:

  64. Tex. Agriculture Code Sec. 71.206. REPORTING REQUIREMENTS. An institution of higher education that conducts a plant pest and disease detection and surveillance activity using money provided under this subchapter shall, not later than the 90th day after the date the activity is completed, submit to the department a report describing the purposes and results of the activity.

  65. Tex. Agriculture Code Sec. 71.207. THREAT IDENTIFICATION AND MITIGATION PROGRAM.

Chapter 72

  1. Tex. Agriculture Code Sec. 72.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 72.002. ADMINISTRATION; RULES.

  3. Tex. Agriculture Code Sec. 72.004. ENTRY POWER. In enforcing this chapter, the department may enter on any premises to inspect the premises or a tree, plant, shrub, or fruit growing or stored on the premises.

  4. Tex. Agriculture Code Sec. 72.005. REPORTS AND NOTICES. A report, notice, statement, or record required by this chapter shall be in English and, unless otherwise provided, shall be in writing.

  5. Tex. Agriculture Code Sec. 72.006. PROSECUTIONS. On request of the department, an enforcement officer, or another interested person, the district or county attorney of any county in which a violation of a provision of this chapter occurs shall prosecute the violation.

  6. Tex. Agriculture Code Sec. 72.011. ESTABLISHMENT.

  7. Tex. Agriculture Code Sec. 72.012. PERSONS AND PREMISES SUBJECT. The premises of each individual, whether an owner, lessee, renter, tenant, or occupant, within the area named in the quarantine are subject to the quarantine, even though not specifically named.

  8. Tex. Agriculture Code Sec. 72.013. TERM. A quarantine established under this subchapter is effective until modified or removed by the department.

  9. Tex. Agriculture Code Sec. 72.014. DESIGNATED COUNTIES. Cameron, Hidalgo, and Willacy counties are designated as quarantined for the purposes of this chapter.

  10. Tex. Agriculture Code Sec. 72.015. MOVEMENT OF FRUIT IN VIOLATION OF QUARANTINE; CERTIFICATE.

  11. Tex. Agriculture Code Sec. 72.021. DETERMINATION OF INFESTATION.

  12. Tex. Agriculture Code Sec. 72.022. CITRUS QUARANTINE ADVISORY COMMITTEE.

  13. Tex. Agriculture Code Sec. 72.023. METHOD OF CONTROL.

  14. Tex. Agriculture Code Sec. 72.024. HOST-FREE PERIOD.

  15. Tex. Agriculture Code Sec. 72.025. UNHUSBANDLIKE AND UNSANITARY CONDITIONS; ORDERS OF DEPARTMENT.

  16. Tex. Agriculture Code Sec. 72.026. EXPENSES OF AND RESPONSIBILITY FOR COMPLIANCE WITH ORDER OF DEPARTMENT.

  17. Tex. Agriculture Code Sec. 72.041. APPEAL OF DEPARTMENT ORDER. A person aggrieved by an order of the department may appeal to a court of competent jurisdiction within the county in which the premises subject to the order are located.

  18. Tex. Agriculture Code Sec. 72.042. ENFORCEMENT OF DEPARTMENT ORDER; FEES.

  19. Tex. Agriculture Code Sec. 72.043. LIEN.

  20. Tex. Agriculture Code Sec. 72.044. INJUNCTIONS; MANDAMUS.

  21. Tex. Agriculture Code Sec. 72.045. SEIZURE OF OWNERLESS FRUIT. If the department is not able to locate an owner, part owner, or caretaker for premises in a county in which Mexican fruit fly control or eradication is being conducted, the department may seize any citrus fruit growing or standing on the premises and sell the fruit in the manner provided by Section 72.043(b) of this code.

  22. Tex. Agriculture Code Sec. 72.046. CIVIL PENALTY; INJUNCTION.

  23. Tex. Agriculture Code Sec. 72.061. GENERAL PENALTY.

  24. Tex. Agriculture Code Sec. 72.062. FAILURE TO COMPLY WITH DEPARTMENT ORDER.

  25. Tex. Agriculture Code Sec. 72.063. PUBLIC NUISANCE.

  26. Tex. Agriculture Code Sec. 72.064. MOVEMENT OF FRUIT IN VIOLATION OF QUARANTINE.

Chapter 73

  1. Tex. Agriculture Code Sec. 73.001. DEFINITION. In this chapter, "nursery product" has the meaning assigned by Section 71.041 of this code.

  2. Tex. Agriculture Code Sec. 73.002. POLICY. The state recognizes that the citrus industry is a valuable asset and that citrus fruit and trees are highly susceptible to the ravages of insects, pests, and plant diseases. The state shall use all constitutional measures to protect this industry from destruction by pests and diseases.

  3. Tex. Agriculture Code Sec. 73.003. CITRUS ZONE. The following counties are designated as the citrus zone of this state: Cameron, Willacy, Hidalgo, Starr, Zapata, Jim Hogg, Brooks, Kenedy, Kleberg, Nueces, Jim Wells, Duval, Webb, San Patricio, Refugio, Bee, Live Oak, McMullen, LaSalle, Dimmit, Maverick, Zavala, Frio, Atascosa, Wilson, Karnes, DeWitt, Victoria, Goliad, Calhoun, and Aransas.

  4. Tex. Agriculture Code Sec. 73.004. INJURIOUS DISEASES AND PESTS. In accordance with Subchapter A, Chapter 71, of this code, the department shall establish quarantines against pests and diseases determined by department rule to be injurious.

  5. Tex. Agriculture Code Sec. 73.005. MOVEMENT OF INFECTED NURSERY PRODUCTS AND OTHER HOSTS INTO CITRUS ZONE. A person may not ship into the citrus zone a nursery product, seed, citrus fruit, or other host infected with a pest or disease listed in Section 73.004(b) of this code.

  6. Tex. Agriculture Code Sec. 73.006. CERTIFICATE OF INSPECTION; PERMIT.

  7. Tex. Agriculture Code Sec. 73.007. PROTECTION OF CARRIER FROM DAMAGES. A transportation company or common carrier is not liable for damages to a consignor or consignee for refusing to receive for transportation or refusing to deliver a citrus nursery product or citrus fruit, or a package, bale, bundle, or box of that nursery product or fruit, that is not accompanied by the certificate and permit required under Section 73.006 of this code.

  8. Tex. Agriculture Code Sec. 73.008. DEPARTMENT EMPLOYEES AND EXPENSES OUTSIDE THE STATE. This chapter does not authorize the department to expend money, send employees, or employ persons outside this state.

  9. Tex. Agriculture Code Sec. 73.009. PENALTIES.

  10. Tex. Agriculture Code Sec. 73.010. CIVIL PENALTY; INJUNCTION.

Chapter 74

  1. Tex. Agriculture Code Sec. 74.001. PUBLIC NUISANCE.

  2. Tex. Agriculture Code Sec. 74.002. DEFINITIONS. In this subchapter:

  3. Tex. Agriculture Code Sec. 74.003. ESTABLISHMENT OF PEST MANAGEMENT ZONES.

  4. Tex. Agriculture Code Sec. 74.0031. COTTON STALK DESTRUCTION.

  5. Tex. Agriculture Code Sec. 74.0032. HOSTABLE COTTON FEE.

  6. Tex. Agriculture Code Sec. 74.004. DESTRUCTION OF HOST PLANTS.

  7. Tex. Agriculture Code Sec. 74.0041. REGULATION OF PLANTING DATES. The department may establish uniform planting dates for host plants.

  8. Tex. Agriculture Code Sec. 74.005. ENTRY POWER; INSPECTIONS. For the purpose of enforcing this chapter, the department is entitled to:

  9. Tex. Agriculture Code Sec. 74.006. RULES. The department may adopt rules as are necessary for the efficient enforcement and administration of this subchapter.

  10. Tex. Agriculture Code Sec. 74.007. OFFENSES; PENALTY.

  11. Tex. Agriculture Code Sec. 74.008. CIVIL PENALTY; INJUNCTION.

  12. Tex. Agriculture Code Sec. 74.009. COTTON PEST CONTROL AND ERADICATION POLICY. The state shall employ all constitutional methods to control and eradicate cotton pests that scientific research demonstrates to be successful, including:

  13. Tex. Agriculture Code Sec. 74.010. REGULATION OF COTTON PESTS; QUARANTINES.

  14. Tex. Agriculture Code Sec. 74.011. REGULATION OF GINNING. A ginner may not gin cotton from a regulated zone under this subchapter unless the ginner disinfects the seed in accordance with rules of the department.

  15. Tex. Agriculture Code Sec. 74.012. INSPECTORS. The department may employ and prescribe the qualifications and duties of inspectors and other employees necessary to the administration of this subchapter.

  16. Tex. Agriculture Code Sec. 74.013. COOPERATION WITH FEDERAL PROGRAMS. The department shall cooperate with the United States Department of Agriculture in any measure authorized by, and undertaken in accordance with, federal law for preventing the introduction or establishment of cotton pests in this state.

  17. Tex. Agriculture Code Sec. 74.101. FINDINGS AND DECLARATION OF POLICY.

  18. Tex. Agriculture Code Sec. 74.1011. DESIGNATION OF ENTITY TO CARRY OUT BOLL WEEVIL ERADICATION.

  19. Tex. Agriculture Code Sec. 74.102. DEFINITIONS. In this subchapter:

  20. Tex. Agriculture Code Sec. 74.1021. STATUTORY ZONES.

  21. Tex. Agriculture Code Sec. 74.1041. ADVISORY COMMITTEES.

  22. Tex. Agriculture Code Sec. 74.1042. CREATION OF NONSTATUTORY ERADICATION ZONES.

  23. Tex. Agriculture Code Sec. 74.105. ERADICATION ZONE REFERENDA.

  24. Tex. Agriculture Code Sec. 74.106. BOARD ELECTIONS.

  25. Tex. Agriculture Code Sec. 74.107. COMPOSITION OF BOARD.

  26. Tex. Agriculture Code Sec. 74.108. POWERS OF BOARD AND COMMISSIONER.

  27. Tex. Agriculture Code Sec. 74.109. BOARD DUTIES.

  28. Tex. Agriculture Code Sec. 74.1091. SEPARATION OF RESPONSIBILITIES. The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the chief executive officer and staff of the foundation.

  29. Tex. Agriculture Code Sec. 74.1095. ADMINISTRATIVE REVIEW.

  30. Tex. Agriculture Code Sec. 74.110. LIABILITY OF FOUNDATION MEMBERS, OFFICERS, AND EMPLOYEES.

  31. Tex. Agriculture Code Sec. 74.1101. LIABILITY OF APPLICATORS.

  32. Tex. Agriculture Code Sec. 74.1102. CONTRACTING.

  33. Tex. Agriculture Code Sec. 74.111. BOARD MEMBER COMPENSATION. Board members serve without compensation but are entitled to reimbursement for reasonable and necessary expenses incurred in the discharge of their duties.

  34. Tex. Agriculture Code Sec. 74.112. DISCONTINUATION OF PROGRAM AND FOUNDATION AND DISPOSITION OF FUNDS ON DISCONTINUANCE.

  35. Tex. Agriculture Code Sec. 74.113. ASSESSMENT REFERENDA.

  36. Tex. Agriculture Code Sec. 74.1135. ALTERNATIVE METHOD OF ASSESSMENTS.

  37. Tex. Agriculture Code Sec. 74.114. CONDUCT OF BOARD ELECTIONS AND REFERENDA; BALLOTING.

  38. Tex. Agriculture Code Sec. 74.115. PAYMENT OF ASSESSMENTS; ASSESSMENT LIENS.

  39. Tex. Agriculture Code Sec. 74.116. EXEMPTION FROM ASSESSMENT PENALTIES.

  40. Tex. Agriculture Code Sec. 74.117. ENTRY OF PREMISES; ERADICATION ACTIVITIES; INSPECTIONS. The department, the foundation, or a designated representative of either entity may enter cotton fields or other premises to carry out the purposes of this subchapter and Subchapters A and B of this chapter, which include the treatment and monitoring of growing cotton or other host plants. The department, the foundation, or a designated representative of either entity may inspect fields or premises in this state for the purpose of determining whether the property is infested with the boll weevil or the pink bollworm. An inspection must be conducted during reasonable daylight hours. The department shall give notice by publication of the planned schedule of dates for entry by the department, the foundation, or a designated representative of either entity, to the fields or premises to carry out the purposes of this subchapter, including treatment, monitoring, or inspection functions. The department shall publish notice of the planned schedule to enter the fields or premises in a newspaper of general circulation in the eradication zone not less than once a week for two weeks immediately before the scheduled dates of entry. In addition to the notice published by the department, the foundation shall post notice of the planned schedule to enter fields or premises to carry out the purposes of this subchapter at the county courthouse of each county in the eradication zone not less than 15 days before the planned dates of entry.

  41. Tex. Agriculture Code Sec. 74.118. AUTHORITY TO PROHIBIT PLANTING OF COTTON AND REQUIRE PARTICIPATION IN ERADICATION PROGRAM.

  42. Tex. Agriculture Code Sec. 74.119. AUTHORITY FOR DESTRUCTION OR TREATMENT OF COTTON IN ERADICATION ZONES; COMPENSATION PAYABLE.

  43. Tex. Agriculture Code Sec. 74.120. AUTHORITY TO ADOPT RULES.

  44. Tex. Agriculture Code Sec. 74.121. REPORTS. Each person in an active eradication zone growing cotton in this state shall furnish to the foundation on forms supplied by the foundation information that the foundation requires concerning the size and location of all commercial cotton fields and of noncommercial patches of cotton grown for ornamental or other purposes. The foundation may provide an incentive for early and timely reporting.

  45. Tex. Agriculture Code Sec. 74.122. QUARANTINE.

  46. Tex. Agriculture Code Sec. 74.123. DOCUMENTING REGULATED ARTICLES. To implement this subchapter, the department may issue or authorize issuance of:

  47. Tex. Agriculture Code Sec. 74.124. COOPERATIVE PROGRAMS AUTHORIZED.

  48. Tex. Agriculture Code Sec. 74.125. ORGANIC COTTON GROWERS.

  49. Tex. Agriculture Code Sec. 74.126. PENALTIES.

  50. Tex. Agriculture Code Sec. 74.127. SUNSET PROVISION.

  51. Tex. Agriculture Code Sec. 74.128. ANNUAL REPORT. The board shall issue to the commissioner and the appropriate oversight committee in the house of representatives an annual report detailing its efforts to carry out the purposes of this subchapter.

  52. Tex. Agriculture Code Sec. 74.129. EXEMPTION FROM LAWSUITS, LIABILITY, TAXATION, AND LEGAL PROCESS. The legislature recognizes that the foundation, acting under the supervision and control of the commissioner, is carrying out an important governmental function and that therefore the foundation, as a quasi-governmental entity, must be immune from lawsuits and liability except to the extent provided in Chapter 101, Civil Practice and Remedies Code, and as provided by this section. Therefore, no claims may be brought or continued against the foundation except:

  53. Tex. Agriculture Code Sec. 74.130. USE OF BIO-INTENSIVE CONTROLS.

  54. Tex. Agriculture Code Sec. 74.131. VENUE.

  55. Tex. Agriculture Code Sec. 74.132. COMPLAINTS.

  56. Tex. Agriculture Code Sec. 74.151. DEFINITIONS. In this subchapter:

  57. Tex. Agriculture Code Sec. 74.152. CREATION OF COST-SHARING PROGRAM. As part of the program to eradicate the boll weevil and the pink bollworm under this chapter, a cost-sharing program is created to be administered under this chapter and rules adopted by the commissioner.

  58. Tex. Agriculture Code Sec. 74.153. COST-SHARING PROGRAM REQUIREMENTS.

  59. Tex. Agriculture Code Sec. 74.201. DEFINITIONS. The definitions provided by Section 74.102 apply to this subchapter.

  60. Tex. Agriculture Code Sec. 74.202. MAINTENANCE AREAS.

  61. Tex. Agriculture Code Sec. 74.203. MAINTENANCE FEES.

  62. Tex. Agriculture Code Sec. 74.2035. TRANSFER OF FUNDS BETWEEN ERADICATION ZONES AND MAINTENANCE AREAS. Notwithstanding any provision of this subchapter or Subchapter D, with the approval of the board and the commissioner, the foundation may transfer funds, including the proceeds from the collection of assessments or maintenance fees, between active eradication zones and maintenance areas as needed to fulfill the purposes of this subchapter and Subchapter D. The board shall consult with affected cotton grower steering committees before recommending that the commissioner approve the transfer of funds under this section.

  63. Tex. Agriculture Code Sec. 74.204. RULES. The department may adopt rules necessary for the implementation and operation of a maintenance program under this subchapter, including rules limiting the balance of maintenance fees that the foundation may carry over from year to year in the foundation budget.

Chapter 76

  1. Tex. Agriculture Code Sec. 76.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 76.002. PESTS. The department shall determine what organisms constitute pests for purposes of this chapter and may include in the list of pests:

  3. Tex. Agriculture Code Sec. 76.003. STATE-LIMITED-USE PESTICIDES.

  4. Tex. Agriculture Code Sec. 76.004. DEPARTMENT RULES.

  5. Tex. Agriculture Code Sec. 76.006. PESTICIDE EXAMINATION AND TESTING.

  6. Tex. Agriculture Code Sec. 76.007. INTERAGENCY COOPERATION.

  7. Tex. Agriculture Code Sec. 76.008. EXEMPTION. Sections 76.007, 76.104-76.106, 76.108-76.117, 76.151(b), 76.151(c), 76.154(b), 76.155, 76.181, 76.182, 76.184, and 76.201(d)(1) do not apply to a person who is regulated by Chapter 1951, Occupations Code.

  8. Tex. Agriculture Code Sec. 76.009. PESTICIDE DISPOSAL FUND.

  9. Tex. Agriculture Code Sec. 76.021. LABELING INFORMATION.

  10. Tex. Agriculture Code Sec. 76.022. CONSPICUOUS LETTERING. Any word, statement, or information required by this chapter to appear on a label or in labeling of a pesticide or device registered by the department shall be prominently and conspicuously placed so that, if compared with other material on the label or in the labeling, it is likely to be understood by the ordinary individual under customary conditions of use.

  11. Tex. Agriculture Code Sec. 76.023. MISBRANDED PESTICIDE OR DEVICE.

  12. Tex. Agriculture Code Sec. 76.041. REGISTRATION REQUIRED.

  13. Tex. Agriculture Code Sec. 76.042. CONTENT OF REGISTRATION APPLICATION.

  14. Tex. Agriculture Code Sec. 76.043. EXPIRATION AND RENEWAL.

  15. Tex. Agriculture Code Sec. 76.044. FEES.

  16. Tex. Agriculture Code Sec. 76.045. REGISTRATION FOR SPECIAL LOCAL NEED.

  17. Tex. Agriculture Code Sec. 76.046. DENIAL OR CANCELLATION OF REGISTRATION.

  18. Tex. Agriculture Code Sec. 76.047. EXPERIMENTAL USE PERMIT.

  19. Tex. Agriculture Code Sec. 76.071. LICENSE REQUIRED.

  20. Tex. Agriculture Code Sec. 76.072. EXPIRATION. A pesticide dealer license expires on the second anniversary of the date of its granting or renewal unless the department by rule adopts a system under which licenses expire on specified dates during a year.

  21. Tex. Agriculture Code Sec. 76.073. FEES.

  22. Tex. Agriculture Code Sec. 76.074. DISPLAY OF DEALER LICENSE.

  23. Tex. Agriculture Code Sec. 76.075. RECORDS.

  24. Tex. Agriculture Code Sec. 76.076. DENIAL, REVOCATION, MODIFICATION, OR SUSPENSION OF LICENSE.

  25. Tex. Agriculture Code Sec. 76.077. EXCEPTIONS.

  26. Tex. Agriculture Code Sec. 76.101. COORDINATION.

  27. Tex. Agriculture Code Sec. 76.102. AGENCIES RESPONSIBLE FOR LICENSING PESTICIDE APPLICATORS. The department shall license pesticide applicators involved in the following license use categories:

  28. Tex. Agriculture Code Sec. 76.103. PROGRAM CONTINGENT ON FEDERAL FUNDS.

  29. Tex. Agriculture Code Sec. 76.104. AGENCY RULES FOR APPLICATION OF A PESTICIDE.

  30. Tex. Agriculture Code Sec. 76.105. LICENSE REQUIRED.

  31. Tex. Agriculture Code Sec. 76.106. CLASSIFICATION OF LICENSES.

  32. Tex. Agriculture Code Sec. 76.107. LICENSING BY MORE THAN ONE AGENCY.

  33. Tex. Agriculture Code Sec. 76.108. COMMERCIAL APPLICATOR LICENSE.

  34. Tex. Agriculture Code Sec. 76.109. NONCOMMERCIAL APPLICATOR LICENSE.

  35. Tex. Agriculture Code Sec. 76.1095. NONCOMMERCIAL APPLICATOR LICENSE FOR MOSQUITO CONTROL IN BORDER COUNTIES.

  36. Tex. Agriculture Code Sec. 76.110. COMMERCIAL AND NONCOMMERCIAL APPLICATOR EXAMINATION; RECIPROCAL AGREEMENTS.

  37. Tex. Agriculture Code Sec. 76.111. APPLICATOR BUSINESSES; PROOF OF FINANCIAL RESPONSIBILITY.

  38. Tex. Agriculture Code Sec. 76.112. PRIVATE APPLICATOR.

  39. Tex. Agriculture Code Sec. 76.113. TERM AND RENEWAL OF LICENSES.

  40. Tex. Agriculture Code Sec. 76.114. RECORDS.

  41. Tex. Agriculture Code Sec. 76.115. INSPECTION OF EQUIPMENT.

  42. Tex. Agriculture Code Sec. 76.116. SUSPENSION, MODIFICATION, OR REVOCATION OF LICENSE.

  43. Tex. Agriculture Code Sec. 76.117. PROPERTY OWNER USE. This chapter does not prohibit a property owner from using in the property owner's house, lawn, or garden a pesticide that is labeled for that use, other than a pesticide that may be registered or classified for use only by certified applicators.

  44. Tex. Agriculture Code Sec. 76.118. EXEMPTION FOR LICENSED VETERINARIANS. The other provisions of this chapter notwithstanding, a person who is licensed to practice veterinary medicine by the State Board of Veterinary Medical Examiners and who is only using a restricted-use or state-limited-use pesticide or a regulated herbicide as a drug or medication during the course of the veterinarian's normal practice or as a private applicator may not be required to obtain a license under this chapter to purchase or use the restricted-use or state-limited-use pesticide or regulated herbicide.

  45. Tex. Agriculture Code Sec. 76.119. DISCLOSURE OF INFORMATION RELATING TO PRIVATE PESTICIDE APPLICATOR LICENSE HOLDERS.

  46. Tex. Agriculture Code Sec. 76.120. EMERGENCY MOSQUITO CONTROL BY CERTAIN MUNICIPAL OR COUNTY EMPLOYEES.

  47. Tex. Agriculture Code Sec. 76.131. RULES.

  48. Tex. Agriculture Code Sec. 76.132. DISPOSAL OF PESTICIDE. The department, in coordination with the commission and the Texas A&M AgriLife Extension Service, shall organize pesticide waste and pesticide container collection activities statewide. The department, the commission, and the Texas A&M AgriLife Extension Service may contract for the services of contractors that are licensed in the disposal of hazardous waste under Section 401.202, Health and Safety Code, or other contractors to implement the pesticide waste and pesticide container collection activities and facilitate the collection of canceled, unregistered, or otherwise unwanted pesticide products and pesticide containers.

  49. Tex. Agriculture Code Sec. 76.141. REGULATED HERBICIDES.

  50. Tex. Agriculture Code Sec. 76.142. APPLICATION OF REGULATED HERBICIDE.

  51. Tex. Agriculture Code Sec. 76.143. PUBLIC HEARING. As soon as practicable after receiving a written request for a revision of a rule, an exemption from a requirement of this chapter, or a prohibition of the spraying of a regulated herbicide in an area, the department may hold a public hearing to hear the request.

  52. Tex. Agriculture Code Sec. 76.144. COUNTY HERBICIDE REGULATIONS.

  53. Tex. Agriculture Code Sec. 76.151. ENTRY POWER.

  54. Tex. Agriculture Code Sec. 76.152. SAMPLING. The department is entitled to take a sample for official analysis from any package or lot of pesticides found within this state.

  55. Tex. Agriculture Code Sec. 76.153. STOP USE, STOP DISTRIBUTION, OR REMOVAL ORDER.

  56. Tex. Agriculture Code Sec. 76.154. INJUNCTION.

  57. Tex. Agriculture Code Sec. 76.155. PROSECUTIONS. The department may request the appropriate prosecuting attorney to prosecute a violation of a provision of this chapter.

  58. Tex. Agriculture Code Sec. 76.1555. ADMINISTRATIVE PENALTY.

  59. Tex. Agriculture Code Sec. 76.156. CIVIL PENALTY.

  60. Tex. Agriculture Code Sec. 76.181. APPEAL OF DENIAL OR CANCELLATION OF PESTICIDE REGISTRATION. A person whose application for registration of a pesticide has been denied or whose registration for a pesticide has been canceled may appeal the action in the manner provided for appeal of contested cases under Chapter 2001, Government Code.

  61. Tex. Agriculture Code Sec. 76.182. APPEAL OF PERMIT OR LICENSE DENIAL, SUSPENSION, MODIFICATION, OR REVOCATION. A person whose application for an experimental use permit, pesticide dealer license, commercial applicator license, noncommercial applicator license, or private applicator license has been denied or whose experimental use permit, pesticide dealer license, commercial applicator license, noncommercial applicator license, private applicator license, or private applicator certificate has been suspended for more than 10 days, revoked, or modified may appeal the action in the manner provided for appeal of contested cases under Chapter 2001, Government Code.

  62. Tex. Agriculture Code Sec. 76.183. APPEAL OF STOP USE, STOP DISTRIBUTION, OR REMOVAL ORDER.

  63. Tex. Agriculture Code Sec. 76.184. REPORTS OF PESTICIDE ADVERSE EFFECTS.

  64. Tex. Agriculture Code Sec. 76.185. DAMAGES RESULTING FROM APPLICATION OF PESTICIDE UNDER GOVERNMENT PROGRAM. Notwithstanding other law, the owner or lessee of land on which a pesticide is applied is not responsible for damages resulting from the application of the pesticide or subject to a criminal or civil penalty in connection with the application of the pesticide if:

  65. Tex. Agriculture Code Sec. 76.201. OFFENSES.

  66. Tex. Agriculture Code Sec. 76.202. PENALTY.

  67. Tex. Agriculture Code Sec. 76.203. DEFENSES.

Chapter 77

  1. Tex. Agriculture Code Sec. 77.001. COMMISSIONERS COURT MAY ESTABLISH PROGRAM. The commissioners court of any county may establish, implement, and conduct a program for the eradication or control of the imported fire ant.

  2. Tex. Agriculture Code Sec. 77.002. COORDINATION WITH OTHER PROGRAMS. The program established under this chapter may be conducted independently of or in conjunction with any related program conducted and financed by private or other public entities.

  3. Tex. Agriculture Code Sec. 77.003. COST OF PROGRAM. The commissioners court may expend any available county funds to pay for all or its share of the cost of a program established under this chapter, including funds derived from taxation under the 80-cent limitation of Article VIII, Section 9, of the Texas Constitution.

Chapter 78

  1. Tex. Agriculture Code Sec. 78.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 78.002. LEGISLATIVE DETERMINATION. The legislature has determined that:

  3. Tex. Agriculture Code Sec. 78.003. NOXIOUS WEED. For the purposes of this chapter, a weed or plant is considered to be a noxious weed if declared to be a noxious weed by:

  4. Tex. Agriculture Code Sec. 78.004. ELIGIBILITY TO SIGN PETITION. In order to sign a petition under this chapter, a person must:

  5. Tex. Agriculture Code Sec. 78.005. ELIGIBILITY FOR VOTING. In order to vote in an election under this chapter, a person must:

  6. Tex. Agriculture Code Sec. 78.011. PETITION FOR CREATION OF DISTRICT.

  7. Tex. Agriculture Code Sec. 78.012. FILING PETITION.

  8. Tex. Agriculture Code Sec. 78.013. DISTRICT BOUNDARIES; NAME.

  9. Tex. Agriculture Code Sec. 78.014. HEARING REQUIRED. After receiving a petition for the creation of a district, the commissioners court shall set a date for a hearing to determine if an election should be held to create a district. The hearing may be held at a regular or special session of the court.

  10. Tex. Agriculture Code Sec. 78.015. NOTICE OF HEARING.

  11. Tex. Agriculture Code Sec. 78.016. HEARING. At a hearing required by Section 78.014 of this code, a person whose land is included in or may be affected by the proposed district may appear before the commissioners court and testify for or against the creation of the district. If the hearing lasts longer than one day, the commissioners court may adjourn the hearing to another day.

  12. Tex. Agriculture Code Sec. 78.017. ACTION AFTER HEARING. At the conclusion of a hearing required under Section 78.014 of this code, the commissioners court may:

  13. Tex. Agriculture Code Sec. 78.018. NOTICE OF ELECTION; ELECTION ORDERS.

  14. Tex. Agriculture Code Sec. 78.019. ELECTION.

  15. Tex. Agriculture Code Sec. 78.020. RETURNS; EFFECT OF ELECTION.

  16. Tex. Agriculture Code Sec. 78.021. EXPENSE OF CREATING DISTRICT.

  17. Tex. Agriculture Code Sec. 78.031. BOARD OF DIRECTORS.

  18. Tex. Agriculture Code Sec. 78.032. INITIAL BOARD OF DIRECTORS.

  19. Tex. Agriculture Code Sec. 78.033. ANNUAL MEETING.

  20. Tex. Agriculture Code Sec. 78.034. COMPENSATION OF DIRECTORS. A director of the board is entitled to receive:

  21. Tex. Agriculture Code Sec. 78.035. OFFICERS. The board shall annually elect a chairman and any officers it considers necessary. The board shall fill a vacancy in the chairmanship of the board or in an officer's position by appointing a director to fill the vacancy.

  22. Tex. Agriculture Code Sec. 78.036. INSPECTORS AND CLERICAL EMPLOYEES.

  23. Tex. Agriculture Code Sec. 78.041. GENERAL ENFORCEMENT POWERS OF BOARD. The board may:

  24. Tex. Agriculture Code Sec. 78.042. COMPLIANCE REQUIRED.

  25. Tex. Agriculture Code Sec. 78.043. NOTICE OF CONTROL MEASURES. The chairman of the board shall give written notice to each person who holds title to or possesses land located in the district of:

  26. Tex. Agriculture Code Sec. 78.044. INSPECTION; FAILURE TO COMPLY.

  27. Tex. Agriculture Code Sec. 78.045. EQUIPMENT CLEANING PROCEDURE.

  28. Tex. Agriculture Code Sec. 78.051. ASSESSMENT.

  29. Tex. Agriculture Code Sec. 78.052. SPECIAL ELECTION ON INCREASED ASSESSMENT.

  30. Tex. Agriculture Code Sec. 78.053. COLLECTION OF ASSESSMENT.

  31. Tex. Agriculture Code Sec. 78.054. DEPOSIT OF ASSESSMENT. The person collecting assessments shall deposit the money collected into a district depository selected by the board.

  32. Tex. Agriculture Code Sec. 78.055. REPORT TO COUNTY CLERK.

  33. Tex. Agriculture Code Sec. 78.056. REPORT TO DEPARTMENT.

  34. Tex. Agriculture Code Sec. 78.057. APPROPRIATED FUNDS.

  35. Tex. Agriculture Code Sec. 78.061. PETITION FOR DISSOLUTION.

  36. Tex. Agriculture Code Sec. 78.062. ELECTION ORDER.

  37. Tex. Agriculture Code Sec. 78.063. DISSOLUTION ELECTION.

  38. Tex. Agriculture Code Sec. 78.064. RETURNS; EFFECT OF ELECTION.

  39. Tex. Agriculture Code Sec. 78.065. DISSOLUTION.

  40. Tex. Agriculture Code Sec. 78.071. ANNUAL REVIEW.

Chapter 79

  1. Tex. Agriculture Code Sec. 79.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 79.002. FILING OF BYLAWS. Under Article IV(h) of the compact, copies of the bylaws adopted by the governing board and amendments to the bylaws must be filed with the commissioner.

  3. Tex. Agriculture Code Sec. 79.003. COMPACT ADMINISTRATOR. The commissioner is the compact administrator for this state.

  4. Tex. Agriculture Code Sec. 79.004. COOPERATION WITH PEST CONTROL INSURANCE FUND. Consistent with other law and using funds appropriated for the purpose, the state may cooperate with the insurance fund established by the compact.

  5. Tex. Agriculture Code Sec. 79.005. REQUEST FOR ASSISTANCE. The commissioner may request or apply for assistance from the insurance fund established by the compact, as provided by Article VI(b) or VIII(a) of the compact.

  6. Tex. Agriculture Code Sec. 79.006. DISPOSITION OF CERTAIN MONEY. A department or agency that expends or becomes liable for an expenditure due to a control or eradication program undertaken or intensified under the compact shall have credited to the department or agency account in the state treasury the amount of any payment made to the state to defray the cost of the program or to reimburse the state.

  7. Tex. Agriculture Code Sec. 79.007. EXECUTION OF INTERSTATE COMPACT. This state enters into a compact with all other states legally joining in the compact in substantially the following form:

Chapter 80

  1. Tex. Agriculture Code Sec. 80.001. FINDINGS AND DECLARATION OF POLICY.

  2. Tex. Agriculture Code Sec. 80.002. DESIGNATION OF ENTITY TO CARRY OUT CITRUS PEST AND DISEASE CONTROL AND SUPPRESSION.

  3. Tex. Agriculture Code Sec. 80.003. DEFINITIONS. In this chapter:

  4. Tex. Agriculture Code Sec. 80.004. ADVISORY COMMITTEES.

  5. Tex. Agriculture Code Sec. 80.005. CREATION OF PEST MANAGEMENT ZONES.

  6. Tex. Agriculture Code Sec. 80.006. PEST MANAGEMENT ZONE REFERENDA.

  7. Tex. Agriculture Code Sec. 80.007. BOARD ELECTIONS.

  8. Tex. Agriculture Code Sec. 80.008. COMPOSITION OF BOARD.

  9. Tex. Agriculture Code Sec. 80.009. POWERS OF BOARD AND COMMISSIONER.

  10. Tex. Agriculture Code Sec. 80.010. BOARD DUTIES.

  11. Tex. Agriculture Code Sec. 80.011. ADMINISTRATIVE REVIEW.

  12. Tex. Agriculture Code Sec. 80.012. CONTRACTING.

  13. Tex. Agriculture Code Sec. 80.013. BOARD MEMBER COMPENSATION. Board members serve without compensation but are entitled to reimbursement for reasonable and necessary expenses incurred in the discharge of their duties.

  14. Tex. Agriculture Code Sec. 80.014. DISCONTINUATION OF PROGRAM AND CORPORATION AND DISPOSITION OF FUNDS ON DISCONTINUANCE.

  15. Tex. Agriculture Code Sec. 80.015. ASSESSMENT REFERENDA.

  16. Tex. Agriculture Code Sec. 80.016. CONDUCT OF BOARD ELECTIONS AND REFERENDA; BALLOTING.

  17. Tex. Agriculture Code Sec. 80.017. PAYMENT OF ASSESSMENTS; ASSESSMENT LIENS.

  18. Tex. Agriculture Code Sec. 80.0175. SUIT TO COLLECT DELINQUENT ASSESSMENT.

  19. Tex. Agriculture Code Sec. 80.018. EXEMPTION FROM ASSESSMENT PENALTIES.

  20. Tex. Agriculture Code Sec. 80.019. ENTRY OF PREMISES; SUPPRESSION ACTIVITIES; INSPECTIONS. The department, the corporation, or a designated representative of either entity may enter citrus groves or other premises to carry out the purposes of this chapter, which include the treatment and monitoring of growing citrus or other host plants. The department, the corporation, or a designated representative of either entity may inspect groves or premises in this state for the purpose of determining whether the property is infested with pests. An inspection must be conducted during reasonable daylight hours. The department shall give notice by publication of the planned schedule of dates for entry by the department, the corporation, or a designated representative of either entity, to the owner or occupant of the groves or premises to carry out the purposes of this chapter, including treatment, monitoring, or inspection functions. The department shall publish notice of the planned schedule to enter the groves or premises in a newspaper of general circulation in the pest management zone not less than once a week for two weeks immediately before the scheduled dates of entry. In addition to the notice published by the department, the corporation shall post notice of the planned schedule to enter groves or premises to carry out the purposes of this chapter at the county courthouse of each county in the pest management zone not later than the 15th day before the planned dates of entry.

  21. Tex. Agriculture Code Sec. 80.020. AUTHORITY TO PROHIBIT PLANTING OF CITRUS AND REQUIRE PARTICIPATION IN SUPPRESSION PROGRAM.

  22. Tex. Agriculture Code Sec. 80.021. AUTHORITY FOR DESTRUCTION OR TREATMENT OF CITRUS IN PEST MANAGEMENT ZONES; COMPENSATION PAYABLE. The department may destroy or treat, and establish procedures for the purchase and destruction of, citrus plants or hosts in pest management zones if the department determines the action is necessary to carry out the purposes of this chapter. The department is not liable to the owner or lessee for the destruction of or injury to any citrus that was planted in a pest management zone after the date notice is published as required by this chapter. The corporation is liable for the destruction of citrus if the citrus was planted in a pest management zone before the date that notice is published.

  23. Tex. Agriculture Code Sec. 80.022. AUTHORITY TO ADOPT RULES.

  24. Tex. Agriculture Code Sec. 80.023. REPORTS. Each person in an active pest management zone growing citrus in this state shall furnish to the corporation on forms supplied by the corporation information that the corporation requires concerning the size and location of all commercial citrus orchards and of noncommercial citrus grown for ornamental or other purposes. The corporation may provide an incentive for early and timely reporting.

  25. Tex. Agriculture Code Sec. 80.024. DOCUMENTING REGULATED ARTICLES. To implement this chapter, the department may issue or authorize issuance of:

  26. Tex. Agriculture Code Sec. 80.025. COOPERATIVE PROGRAMS AUTHORIZED.

  27. Tex. Agriculture Code Sec. 80.026. ORGANIC CITRUS PRODUCERS.

  28. Tex. Agriculture Code Sec. 80.027. PENALTIES.

  29. Tex. Agriculture Code Sec. 80.028. DISSOLUTION PROVISION.

  30. Tex. Agriculture Code Sec. 80.029. ANNUAL REPORT. The board shall issue to the commissioner and the appropriate oversight committee in the house of representatives an annual report detailing its efforts to carry out the purposes of this chapter.

  31. Tex. Agriculture Code Sec. 80.030. EXEMPTION FROM TAXATION. All payments, contributions, funds, and assessments received or held by the corporation under this chapter are exempt from state or local taxation, levies, sales, and any other process and are unassignable.

  32. Tex. Agriculture Code Sec. 80.031. USE OF BIO-INTENSIVE CONTROLS.

  33. Tex. Agriculture Code Sec. 80.032. VENUE. Venue for an action arising out of this chapter in which the corporation is a party is in Travis County.

Chapter 91

  1. Tex. Agriculture Code Sec. 91.001. DEPARTMENT TO ADMINISTER.

  2. Tex. Agriculture Code Sec. 91.002. COMPLIANCE WITH STANDARDS. Grades and packs of fruits and vegetables must meet the standards established by this chapter.

  3. Tex. Agriculture Code Sec. 91.003. INSPECTION SERVICE.

  4. Tex. Agriculture Code Sec. 91.004. CERTIFICATE OF INSPECTION.

  5. Tex. Agriculture Code Sec. 91.005. COOPERATIVE AGREEMENTS.

  6. Tex. Agriculture Code Sec. 91.0051. FUNDING OF A COOPERATIVE INSPECTION.

  7. Tex. Agriculture Code Sec. 91.006. CULLS.

  8. Tex. Agriculture Code Sec. 91.007. PACKAGE MARKINGS. A package of fruits or vegetables for which a grade is established under this chapter that is offered for sale or prepared for shipment shall be plainly marked with:

  9. Tex. Agriculture Code Sec. 91.008. PENALTY.

  10. Tex. Agriculture Code Sec. 91.009. COORDINATION OF PRODUCE SAFETY.

  11. Tex. Agriculture Code Sec. 91.021. COMPLIANCE WITH STANDARDS. Containers used for the shipment of fruits or vegetables must meet the minimum standards established by this subchapter.

  12. Tex. Agriculture Code Sec. 91.022. BUSHEL BASKET. A bushel basket must contain at least 2,150.4 cubic inches in the basket proper, regardless of the construction of the lid.

  13. Tex. Agriculture Code Sec. 91.023. FOUR-BASKET CRATE.

  14. Tex. Agriculture Code Sec. 91.024. SIX-BASKET CRATE. Each basket in a six-basket crate must contain at least 268.8 cubic inches.

  15. Tex. Agriculture Code Sec. 91.025. FOLDING ONION CRATE. A folding onion crate must be at least 19-5/8 inches long, 11-3/16 inches wide, and 9-3/16 inches deep, as measured on the inside, and must contain at least 2,154.4 cubic inches.

  16. Tex. Agriculture Code Sec. 91.026. BERRY BOX OR CRATE.

  17. Tex. Agriculture Code Sec. 91.041. GRADES. The standard peach grades are fancy, choice or No. 1, and No. 2.

  18. Tex. Agriculture Code Sec. 91.042. FANCY GRADE.

  19. Tex. Agriculture Code Sec. 91.043. CHOICE OR NO. 1 GRADE.

  20. Tex. Agriculture Code Sec. 91.044. NO. 2 GRADE. Number 2 Grade peaches are all peaches that are not good enough for No. 1 Grade but are sound, suitable for market, and appropriate for reasonably distant shipment. A No. 2 Grade peach may have slight defects, including:

  21. Tex. Agriculture Code Sec. 91.045. PEACH PACKS.

  22. Tex. Agriculture Code Sec. 91.061. GRADING CHARACTERISTICS.

  23. Tex. Agriculture Code Sec. 91.062. GRADE NO. 1. Grade No. 1 Bermuda onions are:

  24. Tex. Agriculture Code Sec. 91.063. GRADE NO. 1, LARGE. If more than 10 percent by weight of the onions in any lot of Grade No. 1 onions have a diameter of at least 3-1/2 inches, the onions shall be designated Grade No. 1, Large.

  25. Tex. Agriculture Code Sec. 91.064. BOILER GRADE. Boiler grade onions are onions that meet other Grade No. 1 requirements, but are at least one and not more than two inches in diameter.

  26. Tex. Agriculture Code Sec. 91.065. GRADE NO. 2. Grade No. 2 onions are:

  27. Tex. Agriculture Code Sec. 91.066. GRADE NO. 2, LARGE. If more than 10 percent by weight of the onions in any lot of Grade No. 2 onions have a diameter of at least 3-1/2 inches, the onions shall be designated Grade No. 2, Large.

  28. Tex. Agriculture Code Sec. 91.067. GRADE NO. 3. Grade No. 3 onions do not meet the requirements of a higher grade but are:

  29. Tex. Agriculture Code Sec. 91.068. PERMISSIBLE VARIATIONS.

  30. Tex. Agriculture Code Sec. 91.081. GRADE NO. 1. Grade No. 1 cabbage is:

  31. Tex. Agriculture Code Sec. 91.082. GRADE NO. 2. Grade No. 2 cabbage is sound cabbage that does not meet the requirements of Grade No. 1.

  32. Tex. Agriculture Code Sec. 91.083. PERMISSIBLE VARIATIONS.

  33. Tex. Agriculture Code Sec. 91.091. GRADING CHARACTERISTICS. A snap bean pod is overripe if:

  34. Tex. Agriculture Code Sec. 91.092. GRADE NO. 1. Grade No. 1 snap beans are:

  35. Tex. Agriculture Code Sec. 91.093. GRADE NO. 2. Grade No. 2 snap beans are snap beans that do not meet the requirements for Grade No. 1.

  36. Tex. Agriculture Code Sec. 91.094. PERMISSIBLE VARIATION. In order to allow for variations incident to commercial grading and handling, not more than three percent by weight of a lot of Grade No. 1 snap beans may be a different variety, but not a different color, from the rest of the lot.

  37. Tex. Agriculture Code Sec. 91.095. SNAP BEAN PACKS. Snap beans shall be packed in a hamper weighing at least 17 pounds net weight per one-half bushel when packed, or at least 34 pounds net weight per bushel when packed.

  38. Tex. Agriculture Code Sec. 91.111. EXTRA FANCY GRADE. Extra fancy pears:

  39. Tex. Agriculture Code Sec. 91.112. FANCY GRADE. Fancy pears have the same qualities as extra fancy pears, except not more than 10 percent of a lot of fancy pears may have slight scars or blemishes that do not injure the texture of the fruit or its keeping qualities.

  40. Tex. Agriculture Code Sec. 91.113. CHOICE GRADE. Choice pears have the same qualities as fancy pears, except not more than 10 percent of a lot of choice pears may be misshapen or have worm strings that have healed.

  41. Tex. Agriculture Code Sec. 91.114. PACKAGES AND MARKINGS. Pears shall be tightly packed in clean standard boxes that are marked on one end with the grade and number of pears contained in the package and the name and post office address of the packer.

  42. Tex. Agriculture Code Sec. 91.115. PEAR PACKS. The standard pear packs are:

  43. Tex. Agriculture Code Sec. 91.121. GRADING CHARACTERISTICS.

  44. Tex. Agriculture Code Sec. 91.122. GRADE NO. 1. Grade No. 1 potatoes:

  45. Tex. Agriculture Code Sec. 91.123. GRADE NO. 2. Grade No. 2 potatoes:

  46. Tex. Agriculture Code Sec. 91.124. PERMISSIBLE VARIATIONS.

  47. Tex. Agriculture Code Sec. 91.125. CONTAINER MARKINGS. Potato containers shall be marked with the name and post office address of the grower or shipper.

  48. Tex. Agriculture Code Sec. 91.141. AVAILABILITY OF DEPARTMENT SERVICES.

  49. Tex. Agriculture Code Sec. 91.142. RULES. The department shall adopt rules that relate to the standards and procedures used to grade, classify, pack, and inspect sweet potatoes and that relate to marking containers, issuing certificates of inspection, and tagging transport vehicles.

  50. Tex. Agriculture Code Sec. 91.143. INSPECTION FEES.

Chapter 92

  1. Tex. Agriculture Code Sec. 92.001. POLICY. It is in the interest of the public welfare of this state to provide growers, shippers, carriers, receivers, and consumers with evidence of the quality, quantity, and condition of tomatoes they grow, ship, or purchase. The purpose of this chapter is to authorize and prescribe the procedures by which growers and shippers of tomatoes may secure prompt and efficient inspection, classification, and grading of their product at reasonable cost.

  2. Tex. Agriculture Code Sec. 92.002. DEFINITIONS. In this chapter:

  3. Tex. Agriculture Code Sec. 92.003. SEASONAL APPLICATION. This chapter is effective after March 31 and before July 16 each year.

  4. Tex. Agriculture Code Sec. 92.004. EXCEPTIONS.

  5. Tex. Agriculture Code Sec. 92.005. DEPARTMENT TO ADMINISTER. The department shall direct the inspection and certification of tomato grades, sizes, packs, markings, and container designations and may:

  6. Tex. Agriculture Code Sec. 92.006. NOTICE. All notices provided for by this chapter shall be in writing unless this chapter specifically provides otherwise.

  7. Tex. Agriculture Code Sec. 92.011. INSPECTION.

  8. Tex. Agriculture Code Sec. 92.012. NOTICE. A person who intends to pack tomatoes for transportation shall give timely written or oral notice to the department:

  9. Tex. Agriculture Code Sec. 92.013. CERTIFICATE OF INSPECTION. After completing a tomato inspection, the department shall give the dealer a certificate of inspection that complies with the requirements of the cooperative agreement.

  10. Tex. Agriculture Code Sec. 92.021. STANDARD CONTAINERS. Containers used to transport tomatoes shall meet the minimum standards established for fruits and vegetables by Subchapter B, Chapter 91, of this code or the standards adopted by the department.

  11. Tex. Agriculture Code Sec. 92.022. FANCY AND CHOICE GRADES. Fancy and choice tomatoes are:

  12. Tex. Agriculture Code Sec. 92.023. FANCY TOMATO PACKS.

  13. Tex. Agriculture Code Sec. 92.024. CHOICE TOMATO PACKS.

  14. Tex. Agriculture Code Sec. 92.025. UNIFORMITY WITHIN A PACK. As nearly as possible, tomatoes in a crate or package shall be uniformly ripe.

  15. Tex. Agriculture Code Sec. 92.026. DECEPTIVE CONTAINER DESIGNATIONS. A person may not pack or ship tomatoes in a container or subcontainer that is imprinted or inscribed with a designation of grade, standard, count, arrangement, or pack that is false and misleading.

  16. Tex. Agriculture Code Sec. 92.031. EXECUTION OF AGREEMENTS. The department may enter into cooperative agreements with the United States Department of Agriculture, or with any Texas firm, corporation, or association that is organized for that purpose, or both. An agreement may provide for the amount of contributions to be paid by dealers for inspection and grading services to be performed by the department under this chapter.

  17. Tex. Agriculture Code Sec. 92.032. LICENSES. Department inspectors and a firm, corporation, or association that has executed a cooperative agreement shall obtain a license from the department.

  18. Tex. Agriculture Code Sec. 92.033. CONTRIBUTIONS.

  19. Tex. Agriculture Code Sec. 92.034. PAYMENT OF CONTRIBUTIONS.

  20. Tex. Agriculture Code Sec. 92.035. AUDIT.

  21. Tex. Agriculture Code Sec. 92.041. OFFENSES. A person commits an offense if the person:

  22. Tex. Agriculture Code Sec. 92.042. PENALTY. An offense under Section 92.041 of this subchapter is a Class C misdemeanor.

Chapter 93

  1. Tex. Agriculture Code Sec. 93.001. POLICY. It is in the interest of the public welfare of this state to provide growers, shippers, carriers, receivers, and consumers with evidence of the quality and condition of the citrus fruit they grow, ship, or purchase. The purpose of this chapter is to authorize and prescribe the procedures by which growers and shippers of citrus fruit may secure prompt and efficient inspection and classification of their product at reasonable cost.

  2. Tex. Agriculture Code Sec. 93.002. APPLICATION. This chapter applies only in the citrus zone established under Section 73.003 of this code.

  3. Tex. Agriculture Code Sec. 93.003. EXCEPTIONS.

  4. Tex. Agriculture Code Sec. 93.004. DEPARTMENT TO ADMINISTER. The department:

  5. Tex. Agriculture Code Sec. 93.005. REGISTERED BRANDS AND TRADEMARKS.

  6. Tex. Agriculture Code Sec. 93.011. INSPECTION.

  7. Tex. Agriculture Code Sec. 93.012. CERTIFICATE OF INSPECTION.

  8. Tex. Agriculture Code Sec. 93.013. RIGHTS OF A SHIPPER REGARDING NONCONFORMING CITRUS FRUIT. In a written instrument that is delivered to a consignor of citrus fruit, a shipper or carrier may reserve the right to reject and return the citrus fruit, or to hold the citrus fruit at the expense and risk of the consignor, if after inspection it is determined that the citrus fruit was delivered for shipment in violation of this chapter.

  9. Tex. Agriculture Code Sec. 93.021. CONTAINER STANDARDS.

  10. Tex. Agriculture Code Sec. 93.022. FANCY BRIGHT GRADE. Fancy bright oranges, satsumas, tangerines, and grapefruit are:

  11. Tex. Agriculture Code Sec. 93.023. BRIGHT GRADE. Bright oranges, satsumas, tangerines, and grapefruit are:

  12. Tex. Agriculture Code Sec. 93.024. FANCY RUSSET GRADE. Fancy russet oranges, satsumas, tangerines, and grapefruit have the same general qualities as fancy bright grade citrus fruit except fancy russets have coloration that is golden russet.

  13. Tex. Agriculture Code Sec. 93.025. RUSSET GRADE. Russet oranges, satsumas, tangerines, and grapefruit have the same general qualities as bright grade citrus fruit except russets have coloration that is rusty brown.

  14. Tex. Agriculture Code Sec. 93.026. ORANGE PACKS. The standard orange packs are:

  15. Tex. Agriculture Code Sec. 93.027. SATSUMA AND TANGERINE PACKS. The standard satsuma and tangerine packs are:

  16. Tex. Agriculture Code Sec. 93.028. GRAPEFRUIT PACKS. The standard grapefruit packs are:

  17. Tex. Agriculture Code Sec. 93.029. PACKING STANDARDS.

  18. Tex. Agriculture Code Sec. 93.030. LABELING.

  19. Tex. Agriculture Code Sec. 93.031. IMPORTED CITRUS FRUIT. Citrus fruit shipped into this state from any other state or territory shall comply with the grading, packing, and marking requirements of this chapter.

  20. Tex. Agriculture Code Sec. 93.032. PERMISSIBLE VARIATIONS. The standards established under this subchapter may be varied to the extent that:

  21. Tex. Agriculture Code Sec. 93.041. EXECUTION OF AGREEMENTS. The department may enter into cooperative agreements with the United States Department of Agriculture or with any Texas firm, corporation, or association that is organized for that purpose, or both. An agreement may provide for the inspection of citrus fruit and for the amount of contributions to be paid by dealers and shippers for inspection and grading services to be performed by the department under this chapter.

  22. Tex. Agriculture Code Sec. 93.042. LICENSES. Inspectors and a firm, corporation, or association that has executed a cooperative agreement shall obtain a license from the department.

  23. Tex. Agriculture Code Sec. 93.043. STANDARDS. In accordance with the terms of a cooperative agreement, the department shall adopt United States standards to be used when grapefruit and oranges are inspected under this subchapter.

  24. Tex. Agriculture Code Sec. 93.044. CONTRIBUTIONS.

  25. Tex. Agriculture Code Sec. 93.051. REQUIREMENT TO WEIGH; PUBLIC WEIGHER. Citrus fruit that is purchased by weight prior to packing shall be weighed at the expense of the buyer by a public weigher.

  26. Tex. Agriculture Code Sec. 93.052. CERTIFICATE OF WEIGHT.

  27. Tex. Agriculture Code Sec. 93.053. FEES. A public weigher is entitled to receive a fee in the following amount as full payment for issuance of a weight certificate:

  28. Tex. Agriculture Code Sec. 93.061. OFFENSES. A person commits an offense if the person:

  29. Tex. Agriculture Code Sec. 93.062. PENALTY. An offense under Section 93.061 of this code is a Class B misdemeanor.

Chapter 94

  1. Tex. Agriculture Code Sec. 94.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 94.002. EXCEPTIONS. Except to the extent specifically provided by this chapter, this chapter does not apply to:

  3. Tex. Agriculture Code Sec. 94.003. DEPARTMENT TO ADMINISTER.

  4. Tex. Agriculture Code Sec. 94.005. STAFF AND EXPENSES.

  5. Tex. Agriculture Code Sec. 94.011. REGISTRATION.

  6. Tex. Agriculture Code Sec. 94.012. NOTICE OF OPERATION. After October 14 and before December 17 of each year, the owner, manager, or operator of a packing house shall notify the department in writing of the date packing operations are to begin. The notice is due at least seven days prior to beginning operations.

  7. Tex. Agriculture Code Sec. 94.021. GRAPEFRUIT. Grapefruit that meet the maturity standards for grapefruit established by rule of the department are mature.

  8. Tex. Agriculture Code Sec. 94.022. ORANGES. Oranges that meet the maturity standards for oranges established by rule of the department are mature.

  9. Tex. Agriculture Code Sec. 94.025. UNFIT CITRUS FRUIT.

  10. Tex. Agriculture Code Sec. 94.031. INSPECTION.

  11. Tex. Agriculture Code Sec. 94.032. MATURITY STAMPS.

  12. Tex. Agriculture Code Sec. 94.033. INSPECTION SITES. Citrus fruit shall be inspected and certificates of inspection and maturity issued only at a grove, registered packing house, or distributing house.

  13. Tex. Agriculture Code Sec. 94.034. INSPECTION AT A GROVE.

  14. Tex. Agriculture Code Sec. 94.035. INSPECTION FEES.

  15. Tex. Agriculture Code Sec. 94.036. DENIAL OF CERTIFICATE. A department inspector may not issue a certificate of inspection and maturity to a packing house that has not complied with Section 94.011, 94.012, or 94.025 of this code.

  16. Tex. Agriculture Code Sec. 94.037. IMPORTED CITRUS FRUIT. The department may test citrus fruit brought into this state from any outside area for marketing or sale if there is reason to believe that the citrus fruit does not comply with the maturity standards of this chapter for similar citrus fruit produced in this state.

  17. Tex. Agriculture Code Sec. 94.038. INSPECTION FOR SUBSTITUTION AND CONDEMNATION OF UNFIT CITRUS FRUIT.

  18. Tex. Agriculture Code Sec. 94.051. OFFENSES. A person commits an offense if the person:

  19. Tex. Agriculture Code Sec. 94.052. PENALTY. An offense under Section 94.051 of this code is a Class B misdemeanor.

Chapter 95

  1. Tex. Agriculture Code Sec. 95.001. DEFINITION. In this chapter, "coloring matter" means a dye, a liquid, a concentrate, a material containing a dye, or a combination of materials that react to form a dye, that is used to enhance the color of citrus fruit by the addition of artificial color to the peel.

  2. Tex. Agriculture Code Sec. 95.002. APPLICATION.

  3. Tex. Agriculture Code Sec. 95.003. DEPARTMENT TO ADMINISTER.

  4. Tex. Agriculture Code Sec. 95.011. CERTIFICATION OF SAFETY.

  5. Tex. Agriculture Code Sec. 95.012. LICENSE REQUIRED. A person may not manufacture, use, or offer for use or sale a coloring matter for citrus fruit until the coloring matter is approved and the person is granted a license by the department.

  6. Tex. Agriculture Code Sec. 95.013. ANALYSIS BY DEPARTMENT.

  7. Tex. Agriculture Code Sec. 95.014. BOND.

  8. Tex. Agriculture Code Sec. 95.015. NOTICE OF USE. A person shall notify the department before using or permitting the use of coloring matter on citrus fruit. If forms for that purpose are prescribed and furnished by the department, the notice must be on those forms.

  9. Tex. Agriculture Code Sec. 95.016. STANDARDS FOR USE OF COLORING MATTER. A person may not apply coloring matter to citrus fruits unless the citrus fruit meets the applicable maturity standards established by rule by the department under Section 94.003(a).

  10. Tex. Agriculture Code Sec. 95.017. LABELING.

  11. Tex. Agriculture Code Sec. 95.018. VARIATION FROM LICENSED COLORING MATTER. A licensee or other person may not manufacture or use coloring matter that contains an ingredient that is prohibited under this chapter or that varies materially from the formula on file with the department.

  12. Tex. Agriculture Code Sec. 95.031. PERIODIC INSPECTION.

  13. Tex. Agriculture Code Sec. 95.032. CERTIFICATE OF INSPECTION.

  14. Tex. Agriculture Code Sec. 95.033. NONCOMPLYING CITRUS FRUIT.

  15. Tex. Agriculture Code Sec. 95.034. INSPECTION FEES. The department shall collect a fee, as provided by department rule, from each person who applies coloring matter to citrus fruit.

  16. Tex. Agriculture Code Sec. 95.035. CONDEMNATION OF UNFIT CITRUS FRUIT.

  17. Tex. Agriculture Code Sec. 95.041. OFFENSES. A person commits an offense if the person:

  18. Tex. Agriculture Code Sec. 95.042. PENALTY. An offense under Section 95.041 of this code is a Class B misdemeanor.

Chapter 101

  1. Tex. Agriculture Code Sec. 101.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 101.002. PERISHABLE COMMODITIES.

  3. Tex. Agriculture Code Sec. 101.003. LICENSE REQUIRED.

  4. Tex. Agriculture Code Sec. 101.004. LICENSE OR REGISTRATION CATEGORIES. A person shall apply for a license if the person:

  5. Tex. Agriculture Code Sec. 101.005. APPLICATION FOR LICENSE.

  6. Tex. Agriculture Code Sec. 101.006. LICENSE FEE.

  7. Tex. Agriculture Code Sec. 101.007. ISSUANCE OR REFUSAL OF LICENSE.

  8. Tex. Agriculture Code Sec. 101.008. TERM AND RENEWAL OF LICENSE.

  9. Tex. Agriculture Code Sec. 101.009. LICENSEE LIST. The department may publish as often as it considers necessary a list in pamphlet form or on the department's Internet website of all persons licensed under this chapter.

  10. Tex. Agriculture Code Sec. 101.010. TRANSPORTING AGENT OR BUYING AGENT IDENTIFICATION CARD.

  11. Tex. Agriculture Code Sec. 101.011. LICENSE OR IDENTIFICATION CARD NOT ASSIGNABLE. A license or identification card is not assignable.

  12. Tex. Agriculture Code Sec. 101.012. REVOCATION, MODIFICATION, OR SUSPENSION OF LICENSE OR IDENTIFICATION CARD.

  13. Tex. Agriculture Code Sec. 101.013. PAYMENT OF PURCHASE PRICE ON DEMAND.

  14. Tex. Agriculture Code Sec. 101.014. COMMISSION OR SERVICE CHARGE IN CONTRACT. If a licensee or a person required to be licensed handles perishable commodities by guaranteeing a producer or owner a minimum price and handles the perishable commodities on the account of the producer or owner, the licensee or person required to be licensed shall include in the contract with the producer or owner the maximum amount that the licensee or person required to be licensed will charge for commission, service, or both, in connection with the perishable commodities handled.

  15. Tex. Agriculture Code Sec. 101.015. SETTLEMENT ON GRADE AND QUALITY.

  16. Tex. Agriculture Code Sec. 101.0151. BUYING OR SELLING BY WEIGHT. A licensee or a person required to be licensed who buys or sells perishable commodities by weight shall weigh or have the perishable commodities weighed on scales that meet state requirements.

  17. Tex. Agriculture Code Sec. 101.016. RECORDS OF PURCHASE.

  18. Tex. Agriculture Code Sec. 101.017. RECORD OF SALE.

  19. Tex. Agriculture Code Sec. 101.018. DEPARTMENT ENFORCEMENT.

  20. Tex. Agriculture Code Sec. 101.0185. CIVIL PENALTY; INJUNCTION.

  21. Tex. Agriculture Code Sec. 101.019. VENUE OF CIVIL OR CRIMINAL ACTION. The venue of a civil action or criminal prosecution instituted under this chapter is in the county in which the violation occurred, is occurring, or is threatened or in which the perishable commodities were received by the licensee, packer, or warehouseman.

  22. Tex. Agriculture Code Sec. 101.020. PENALTIES.

  23. Tex. Agriculture Code Sec. 101.021. CONFLICT WITH ANTITRUST LAWS. This chapter does not affect the application of Chapter 15, Business & Commerce Code. If any provision of this chapter is held to conflict with that chapter, the entire chapter is void.

Chapter 102

  1. Tex. Agriculture Code Sec. 102.101. IDENTIFICATION SIGNS.

  2. Tex. Agriculture Code Sec. 102.102. CERTIFICATE. A person who operates a motor vehicle, including a truck or tractor, or a motor vehicle and a trailer for hauling citrus fruit in bulk or in open containers for commercial purposes on the highways of this state shall, when operating the vehicle, have on his or her person a certificate or other document showing:

  3. Tex. Agriculture Code Sec. 102.103. EXCEPTION. This subchapter does not apply to citrus fruit being hauled from the farm or grove to market or the place of first processing by the producer of the citrus fruit operating the producer's vehicle or by an employee of the producer operating a vehicle owned by the producer.

  4. Tex. Agriculture Code Sec. 102.104. PENALTY.

  5. Tex. Agriculture Code Sec. 102.1045. CIVIL PENALTY; INJUNCTION.

  6. Tex. Agriculture Code Sec. 102.151. POLICY. The unreasonable waste and inefficient use of the citrus resources, caused by the marketing within this state of greater quantities of fresh citrus fruit than are reasonably necessary to supply the demands of the market, are not in the public interest. The difficulty inherent in an attempt of individuals to correlate within a reasonable degree the citrus production to current demand creates chaotic economic conditions in the citrus areas of the state of such severity as to imperil the ability of citrus producers to contribute in appropriate amounts to the support of ordinary governmental and educational functions, thus tending to increase the tax burden of other taxpayers for the same purposes, and renders it impossible for producers to be reasonably assured of an adequate standard of living for themselves and their families. In the interest of the public welfare and general prosperity of the state, the unreasonable waste and inefficient use of citrus resources involved in the marketing of citrus fruit in this state should be eliminated, while at the same time preserving to citrus producers in the area covered by this subchapter an equality of opportunity.

  7. Tex. Agriculture Code Sec. 102.152. DEFINITIONS. In this subchapter:

  8. Tex. Agriculture Code Sec. 102.153. LIMITED APPLICATION OF SUBCHAPTER. This subchapter applies only to areas of three citrus fruit producing counties whose boundaries are contiguous and whose aggregate population according to the last preceding federal census is not less than 165,043. This subchapter does not apply to citrus fruit grown in other areas of this state.

  9. Tex. Agriculture Code Sec. 102.154. MARKETING AGREEMENTS AND LICENSES. In accordance with this subchapter, the department may execute marketing agreements and issue licenses to persons engaged in intrastate commerce transactions in the marketing, processing, packing, shipping, handling, or distributing of citrus fruit.

  10. Tex. Agriculture Code Sec. 102.155. HEARING.

  11. Tex. Agriculture Code Sec. 102.156. FINDINGS.

  12. Tex. Agriculture Code Sec. 102.157. TERMS OF AGREEMENT OR LICENSE.

  13. Tex. Agriculture Code Sec. 102.158. ADMINISTRATIVE COMMITTEE.

  14. Tex. Agriculture Code Sec. 102.159. ASSESSMENT.

  15. Tex. Agriculture Code Sec. 102.160. APPROVAL BY PRODUCERS AND HANDLERS.

  16. Tex. Agriculture Code Sec. 102.161. UNIFORM LICENSES. If a license is issued under this subchapter, the department shall issue an identical license to each handler, processor, or distributor of the same class.

  17. Tex. Agriculture Code Sec. 102.162. FEES. Each person applying for a marketing agreement or license shall submit to the department a filing fee, as provided by department rule, and a deposit in an amount that the department considers sufficient and necessary to defray the expenses of preparing and making effective the marketing agreement or license.

  18. Tex. Agriculture Code Sec. 102.163. AMENDMENT OF MARKETING AGREEMENT OR LICENSE.

  19. Tex. Agriculture Code Sec. 102.164. SUSPENSION OR TERMINATION OF MARKETING AGREEMENT OR LICENSE.

  20. Tex. Agriculture Code Sec. 102.165. SUSPENSION OR REVOCATION OF INDIVIDUAL LICENSE. After notice and opportunity for a hearing, the department may suspend or revoke the license of any person who violates a provision of the license.

  21. Tex. Agriculture Code Sec. 102.166. RECORDS.

  22. Tex. Agriculture Code Sec. 102.167. POWERS AND DUTIES OF THE DEPARTMENT.

  23. Tex. Agriculture Code Sec. 102.168. ENFORCEMENT BY CIVIL SUIT.

  24. Tex. Agriculture Code Sec. 102.169. INJUNCTION. The attorney general or a district or county attorney on the attorney's own initiative may, or in response to a complaint shall, investigate violations of this subchapter. If the attorney believes that a violation has occurred, the attorney may sue in the name of the state for an injunction against a person who:

  25. Tex. Agriculture Code Sec. 102.170. ATTORNEY'S FEES; VENUE; CUMULATIVE REMEDIES.

  26. Tex. Agriculture Code Sec. 102.171. PENALTY.

  27. Tex. Agriculture Code Sec. 102.172. CONFLICT WITH ANTITRUST LAW. If any provision of this subchapter conflicts with a provision of the civil or criminal antitrust law of this state, the antitrust law prevails.

Chapter 103

  1. Tex. Agriculture Code Sec. 103.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 103.002. FUND.

  3. Tex. Agriculture Code Sec. 103.003. BOARD.

  4. Tex. Agriculture Code Sec. 103.004. DUTIES OF THE BOARD.

  5. Tex. Agriculture Code Sec. 103.005. INITIATION OF CLAIM.

  6. Tex. Agriculture Code Sec. 103.0055. BANKRUPTCY OF MERCHANT OR RETAILER. For purposes of this chapter, the amount due an aggrieved party by a license holder or a person required to be licensed is not affected by a final judgment of a bankruptcy court that releases the license holder or person required to be licensed from the legal duty to satisfy the claim.

  7. Tex. Agriculture Code Sec. 103.006. INVESTIGATION; HEARING ON CLAIM.

  8. Tex. Agriculture Code Sec. 103.007. PAYMENT OF CLAIM.

  9. Tex. Agriculture Code Sec. 103.008. LIMITS ON CLAIM PAYMENTS.

  10. Tex. Agriculture Code Sec. 103.009. REIMBURSEMENT OF FUND AND PAYMENT TO COMPLAINING PARTY BY LICENSEE.

  11. Tex. Agriculture Code Sec. 103.010. SUBROGATION OF RIGHTS. If the department pays a claim against a license holder or a person required to be licensed, the department is subrogated to all rights of the aggrieved party against the license holder or person required to be licensed to the extent of the amount paid to the aggrieved party.

  12. Tex. Agriculture Code Sec. 103.011. FEE.

  13. Tex. Agriculture Code Sec. 103.012. RULES. With the advice of the board, the department shall adopt rules, consistent with this chapter, for the payment of claims from the fund.

  14. Tex. Agriculture Code Sec. 103.013. PENALTY FOR FAILURE TO PAY FEE.

  15. Tex. Agriculture Code Sec. 103.014. PENALTY FOR FALSE CLAIMS.

  16. Tex. Agriculture Code Sec. 103.015. CIVIL PENALTY; INJUNCTION.

  17. Tex. Agriculture Code Sec. 103.016. BOARD CONFLICT OF INTEREST.

  18. Tex. Agriculture Code Sec. 103.017. REMOVAL OF BOARD MEMBER.

  19. Tex. Agriculture Code Sec. 103.018. QUALIFICATIONS AND STANDARDS OF CONDUCT. The commissioner or the commissioner's designee shall provide to members of the board, as often as necessary, information regarding their qualification for office under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.

  20. Tex. Agriculture Code Sec. 103.019. BOARD MEMBER TRAINING.

Chapter 104

  1. Tex. Agriculture Code Sec. 104.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 104.002. CONTRACT TYPE DISCLOSURE. A contract between a producer and a purchaser regarding an agricultural product must clearly and conspicuously state on its face that it is an acreage contract or a quantity contract, as applicable.

  3. Tex. Agriculture Code Sec. 104.003. SUIT BY PURCHASER UNDER ACREAGE CONTRACT. A purchaser may not file suit against a producer under an acreage contract unless the producer knowingly fails to deliver to the purchaser all of an agricultural product grown on specified land as provided by the acreage contract.

Chapter 111

  1. Tex. Agriculture Code Sec. 111.001. GINNERS; PUBLIC USE. A person who operates a gin in this state for ginning cotton for commercial purposes shall be known as a ginner and is charged with the public use.

  2. Tex. Agriculture Code Sec. 111.002. GINNER'S RECORD. Each ginner shall keep in a book a public record of all cotton brought to the ginner for ginning. The record shall show:

  3. Tex. Agriculture Code Sec. 111.003. IDENTIFICATION OF BALES.

  4. Tex. Agriculture Code Sec. 111.004. BALING.

  5. Tex. Agriculture Code Sec. 111.005. LIABILITY FOR IMPROPER BALING.

  6. Tex. Agriculture Code Sec. 111.007. PENALTIES.

Chapter 121

  1. Tex. Agriculture Code Sec. 121.001. DEFINITION. In this chapter, "hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

  2. Tex. Agriculture Code Sec. 121.002. LEGISLATIVE INTENT. It is the intent of the legislature that this state have primary regulatory authority over the production of hemp in this state.

  3. Tex. Agriculture Code Sec. 121.003. STATE PLAN.

  4. Tex. Agriculture Code Sec. 121.004. RULES. The department may adopt any rules necessary to implement and administer the state plan under Section 121.003.

Chapter 122

  1. Tex. Agriculture Code Sec. 122.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 122.002. LOCAL REGULATION PROHIBITED. A municipality, county, or other political subdivision of this state may not enact, adopt, or enforce a rule, ordinance, order, resolution, or other regulation that prohibits the cultivation, handling, transportation, or sale of hemp as authorized by this chapter.

  3. Tex. Agriculture Code Sec. 122.003. STATE HEMP PRODUCTION ACCOUNT.

  4. Tex. Agriculture Code Sec. 122.004. SEVERABILITY.

  5. Tex. Agriculture Code Sec. 122.051. DEPARTMENT RULES AND PROCEDURES.

  6. Tex. Agriculture Code Sec. 122.052. FEES.

  7. Tex. Agriculture Code Sec. 122.053. INSPECTIONS.

  8. Tex. Agriculture Code Sec. 122.054. SAMPLE COLLECTION AND TESTING. The department may collect samples and perform testing or contract with a laboratory for the performance of that collection and testing on behalf of the department. A test performed by a laboratory on behalf of the department is considered to be performed by the department for purposes of this chapter.

  9. Tex. Agriculture Code Sec. 122.055. SHIPPING CERTIFICATE OR CARGO MANIFEST.

  10. Tex. Agriculture Code Sec. 122.101. LICENSE REQUIRED; EXCEPTIONS.

  11. Tex. Agriculture Code Sec. 122.102. LICENSE INELIGIBILITY.

  12. Tex. Agriculture Code Sec. 122.103. APPLICATION; ISSUANCE.

  13. Tex. Agriculture Code Sec. 122.104. TERM; RENEWAL.

  14. Tex. Agriculture Code Sec. 122.105. REVOCATION. The department shall revoke a license if the license holder is convicted of a felony relating to a controlled substance under federal law or the law of any state.

  15. Tex. Agriculture Code Sec. 122.151. TESTING LABORATORIES.

  16. Tex. Agriculture Code Sec. 122.152. REGISTRATION OF INDEPENDENT TESTING LABORATORIES.

  17. Tex. Agriculture Code Sec. 122.153. PREHARVEST TESTING REQUIRED.

  18. Tex. Agriculture Code Sec. 122.154. PREHARVEST SAMPLE COLLECTION.

  19. Tex. Agriculture Code Sec. 122.155. OPTIONAL POSTHARVEST TESTING.

  20. Tex. Agriculture Code Sec. 122.156. SHIPPING DOCUMENTATION FOR TEST SAMPLES. The department shall issue documentation to an entity authorized to collect samples of plants for testing that authorizes the transportation of those samples from the place of collection to a testing laboratory described by Section 122.151(a).

  21. Tex. Agriculture Code Sec. 122.157. FALSE LABORATORY REPORT; CRIMINAL OFFENSE.

  22. Tex. Agriculture Code Sec. 122.201. HARVEST.

  23. Tex. Agriculture Code Sec. 122.202. USE OR DISPOSAL OF HARVESTED PLANTS.

  24. Tex. Agriculture Code Sec. 122.251. APPLICABILITY OF SUBCHAPTER. This subchapter does not apply to sterilized seeds that are incapable of beginning germination.

  25. Tex. Agriculture Code Sec. 122.252. CERTIFICATION OR APPROVAL.

  26. Tex. Agriculture Code Sec. 122.253. PROHIBITED USE OF CERTAIN HEMP SEED. A person may not sell, offer for sale, distribute, or use hemp seed in this state unless the seed is certified or approved under Section 122.252.

  27. Tex. Agriculture Code Sec. 122.301. MANUFACTURE.

  28. Tex. Agriculture Code Sec. 122.302. POSSESSION, TRANSPORTATION, AND SALE.

  29. Tex. Agriculture Code Sec. 122.303. RETAIL SALE OF OUT-OF-STATE PRODUCTS. A nonconsumable hemp product manufactured outside of this state may be sold at retail in this state unless:

  30. Tex. Agriculture Code Sec. 122.304. TRANSPORTATION AND EXPORTATION OUT OF STATE. Nonconsumable hemp products may be legally transported across state lines and exported to foreign jurisdictions in a manner that is consistent with federal law and the laws of respective foreign jurisdictions.

  31. Tex. Agriculture Code Sec. 122.351. DEFINITION. In this subchapter, "peace officer" has the meaning assigned by Article 2A.001, Code of Criminal Procedure.

  32. Tex. Agriculture Code Sec. 122.352. POLICY. It is the policy of this state to not interfere with the interstate commerce of hemp or the transshipment of hemp through this state.

  33. Tex. Agriculture Code Sec. 122.353. INTERSTATE TRANSPORTATION. To the extent of a conflict between a provision of this chapter and a provision of federal law involving interstate transportation of hemp, including a United States Department of Agriculture regulation, federal law controls and conflicting provisions of this chapter do not apply.

  34. Tex. Agriculture Code Sec. 122.354. DEPARTMENT RULES. The department, in consultation with the Department of Public Safety, shall adopt rules regulating the transportation of hemp in this state to ensure that illegal marihuana is not transported into or through this state disguised as legal hemp.

  35. Tex. Agriculture Code Sec. 122.355. HEMP TRANSPORTATION ACCOUNT.

  36. Tex. Agriculture Code Sec. 122.356. DOCUMENTATION AND OTHER SHIPPING REQUIREMENTS.

  37. Tex. Agriculture Code Sec. 122.357. AGRICULTURAL PESTS AND DISEASES. A person may not transport in this state hemp that contains an agricultural pest or disease as provided by department rule.

  38. Tex. Agriculture Code Sec. 122.358. POWERS AND DUTIES OF PEACE OFFICERS.

  39. Tex. Agriculture Code Sec. 122.359. CIVIL PENALTY.

  40. Tex. Agriculture Code Sec. 122.360. CRIMINAL OFFENSE.

  41. Tex. Agriculture Code Sec. 122.401. PENALTY SCHEDULE.

  42. Tex. Agriculture Code Sec. 122.402. ADMINISTRATIVE PENALTY. Except as provided by Section 122.403 and to the extent permitted under 7 U.S.C. Section 1639p(e), the department may impose an administrative penalty or other administrative sanction for a violation of this chapter or a rule or order adopted under this chapter, including a penalty or sanction under Section 12.020 or 12.0201.

  43. Tex. Agriculture Code Sec. 122.403. NEGLIGENT VIOLATIONS BY LICENSE HOLDER.

  44. Tex. Agriculture Code Sec. 122.404. OTHER VIOLATIONS BY LICENSE HOLDER. If the department suspects or determines that a license holder violated this chapter or a rule adopted under this chapter with a culpable mental state greater than negligence, the department shall immediately report the license holder to:

Chapter 125

  1. Tex. Agriculture Code Sec. 125.001. DECLARATION OF PURPOSE. The legislature finds that the health and safety of persons living and working in agricultural areas in the state may be improved by providing access to information regarding certain hazardous chemicals to which they may be exposed either during their normal employment activities, during emergency situations, or as a result of proximity to the use of those chemicals. The legislature also finds that, because of the conditions of agricultural employment, there is a unique situation regarding certain agricultural laborers that makes it necessary to establish formal procedures to provide access to information regarding certain hazardous chemicals and to assure those laborers that there will be no retaliation by the employer for the exercise of rights under this chapter. This chapter is intended to assure that accessibility to information regarding chemicals covered by this chapter be provided to agricultural laborers who may be exposed to those chemicals in agricultural workplaces, to certain emergency service organizations responsible for dealing with chemical hazards during emergency situations when those chemicals are in close proximity to residential areas, and to the department to make the information available to the general public through specific procedures.

  2. Tex. Agriculture Code Sec. 125.002. DEFINITIONS. In this chapter:

  3. Tex. Agriculture Code Sec. 125.003. APPLICATION.

  4. Tex. Agriculture Code Sec. 125.004. WORKPLACE CHEMICAL LIST.

  5. Tex. Agriculture Code Sec. 125.005. WORKPLACE CHEMICAL LIST FORM, MAINTENANCE, AND ACCESS.

  6. Tex. Agriculture Code Sec. 125.006. MATERIAL SAFETY DATA SHEETS.

  7. Tex. Agriculture Code Sec. 125.007. LABELS.

  8. Tex. Agriculture Code Sec. 125.008. EMERGENCY INFORMATION.

  9. Tex. Agriculture Code Sec. 125.009. TRAINING PROGRAM PROVIDED BY DEPARTMENT.

  10. Tex. Agriculture Code Sec. 125.010. CROP SHEET DEVELOPED BY DEPARTMENT.

  11. Tex. Agriculture Code Sec. 125.011. CROP SHEET PROVIDED BY EMPLOYER.

  12. Tex. Agriculture Code Sec. 125.012. PROTECTIVE CLOTHING. An employer covered by this chapter shall provide any protective clothing or device that is recommended by the MSDS, crop sheet, or department rule and that is in addition to the standard long-sleeved shirt, long pants, boots or shoes, and socks normally provided by the agricultural laborer.

  13. Tex. Agriculture Code Sec. 125.013. RIGHTS OF AGRICULTURAL LABORERS.

  14. Tex. Agriculture Code Sec. 125.014. DEPARTMENT RULES; OUTREACH PROGRAM.

  15. Tex. Agriculture Code Sec. 125.015. LIABILITY UNDER OTHER LAWS.

  16. Tex. Agriculture Code Sec. 125.016. COMPLAINTS, INVESTIGATIONS, AND PENALTIES.

  17. Tex. Agriculture Code Sec. 125.017. COMPLIANCE WITH HAZARD COMMUNICATION ACT.

Chapter 128

  1. Tex. Agriculture Code Sec. 128.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 128.002. PROCEEDS.

  3. Tex. Agriculture Code Sec. 128.006. NOTICE BEFORE PURCHASE; REQUIRED NOTICE BEFORE CLAIMING LIEN.

  4. Tex. Agriculture Code Sec. 128.007. ATTACHMENT OF LIEN.

  5. Tex. Agriculture Code Sec. 128.008. AMOUNT OF LIEN. The amount of a lien under this chapter is equal to the sum of:

  6. Tex. Agriculture Code Sec. 128.009. PERSON ENTITLED TO FILE; EXCEPTION.

  7. Tex. Agriculture Code Sec. 128.010. PERFECTION OF LIEN. A lien created under this chapter is perfected on the filing of a notice of claim of lien with the secretary of state as provided by this chapter.

  8. Tex. Agriculture Code Sec. 128.011. DURATION OF NOTICE OF CLAIM OF LIEN.

  9. Tex. Agriculture Code Sec. 128.012. PROCEDURES FOR SETTLEMENT OF DISPUTES.

  10. Tex. Agriculture Code Sec. 128.013. CONTENTS OF NOTICE OF CLAIM OF LIEN. The notice of claim of lien must include:

  11. Tex. Agriculture Code Sec. 128.014. SIGNATURE. The notice of claim of lien shall be signed by the lien claimant or by a person authorized to sign documents of a similar kind on behalf of the claimant.

  12. Tex. Agriculture Code Sec. 128.015. FORM.

  13. Tex. Agriculture Code Sec. 128.016. FILING AND MARKING IN OFFICE OF SECRETARY OF STATE; FEE.

  14. Tex. Agriculture Code Sec. 128.017. TIME OF WRITTEN NOTICE. The lien claimant shall provide written notice of the claim of lien to the lien debtor not later than the 10th day after the date the notice of claim of lien is filed with the office of the secretary of state.

  15. Tex. Agriculture Code Sec. 128.018. RECOGNITION OF NOTICE AS FINANCING STATEMENT. The secretary of state shall recognize a notice of claim of lien under this subchapter as a financing statement under Subchapter E, Chapter 9, Business & Commerce Code.

  16. Tex. Agriculture Code Sec. 128.026. TIME OF FILING.

  17. Tex. Agriculture Code Sec. 128.031. ISSUANCE OF CERTIFICATE TO MEMBER OF PUBLIC; FEE.

  18. Tex. Agriculture Code Sec. 128.032. COPIES OF NOTICES OF CLAIM OF LIEN AND OTHER NOTICES; FEE.

  19. Tex. Agriculture Code Sec. 128.036. WRITTEN NOTICE TO SECURED CREDITORS BY LIEN CLAIMANT.

  20. Tex. Agriculture Code Sec. 128.037. FORECLOSURE IN ACTION TO RECOVER REASONABLE OR AGREED CHARGES. The lien claimant may foreclose on a lien under this chapter only in an action to recover the reasonable or agreed charges.

  21. Tex. Agriculture Code Sec. 128.038. TERMINATION STATEMENT.

  22. Tex. Agriculture Code Sec. 128.039. RIGHT OF ASSIGNMENT OR TRANSFER; FILING OF STATEMENT.

  23. Tex. Agriculture Code Sec. 128.046. RULES. The secretary of state may adopt rules necessary to carry out the secretary's duties under this chapter, including prescribing necessary forms.

  24. Tex. Agriculture Code Sec. 128.047. MAXIMUM NUMBER OF LIENS. Not more than four liens may be enforced under this chapter against the same proceeds of a lien debtor even if the liens are filed by different lien claimants.

  25. Tex. Agriculture Code Sec. 128.048. APPLICABILITY OF OTHER LAW. Chapter 9, Business & Commerce Code, applies to a lien created under this chapter to the extent Chapter 9 is consistent with this chapter.

Chapter 131

  1. Tex. Agriculture Code Sec. 131.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 131.002. CHIEF APIARY INSPECTOR.

  3. Tex. Agriculture Code Sec. 131.003. CONFLICTS OF INTEREST.

  4. Tex. Agriculture Code Sec. 131.004. ASSISTANTS.

  5. Tex. Agriculture Code Sec. 131.005. ANNUAL REPORTS.

  6. Tex. Agriculture Code Sec. 131.006. AUDIT. The financial transactions of the chief apiary inspector are subject to audit by the state auditor in accordance with Chapter 321, Government Code.

  7. Tex. Agriculture Code Sec. 131.007. PUBLISHING INFORMATION.

  8. Tex. Agriculture Code Sec. 131.008. COMPLAINTS.

  9. Tex. Agriculture Code Sec. 131.009. PUBLIC TESTIMONY. The chief apiary inspector shall develop and implement policies that will provide the public with a reasonable opportunity to appear before the inspector and to speak on any issue under the jurisdiction of the inspector.

  10. Tex. Agriculture Code Sec. 131.010. FEES. The chief apiary inspector shall make a reasonable effort to set the fees charged under this chapter at amounts that will produce enough revenue to approximate 50 percent of the inspector's total budget. In achieving this goal, the inspector shall balance the revenue needs against the effect of the fees on the industry.

  11. Tex. Agriculture Code Sec. 131.021. POWERS AND DUTIES OF CHIEF APIARY INSPECTOR.

  12. Tex. Agriculture Code Sec. 131.022. QUARANTINES.

  13. Tex. Agriculture Code Sec. 131.023. SALE OF QUEEN BEE AND ATTENDANTS, PACKAGE BEES, COLONIES, AND NUCLEI. A person may not sell or offer for sale a queen bee and attendant bees, package bees, colonies, nuclei, or queen cells in this state unless the bees are accompanied by:

  14. Tex. Agriculture Code Sec. 131.024. SEIZURE OF BEES, EQUIPMENT, POLLEN, OR HONEY.

  15. Tex. Agriculture Code Sec. 131.025. REPORTABLE DISEASES AND PESTS.

  16. Tex. Agriculture Code Sec. 131.041. PERMIT FOR INTERSTATE MOVEMENT.

  17. Tex. Agriculture Code Sec. 131.044. CERTIFICATE OF INSPECTION.

  18. Tex. Agriculture Code Sec. 131.045. BEEKEEPER REGISTRATION.

  19. Tex. Agriculture Code Sec. 131.046. DISPOSITION AND USE OF FEES.

  20. Tex. Agriculture Code Sec. 131.061. IDENTIFICATION REQUIRED.

  21. Tex. Agriculture Code Sec. 131.062. BRAND; REGISTRATION.

  22. Tex. Agriculture Code Sec. 131.063. REGISTRATION OF BRAND; FEE.

  23. Tex. Agriculture Code Sec. 131.064. MANNER OF AFFIXING NAME OR BRAND TO HIVES. A name or brand must be affixed to a hive by burning, pressing, painting, or otherwise permanently marking the name or brand, in figures at least one-half of an inch high, into the wood or other material in a manner that shows the identification of the hive. The name or brand must be affixed on one or both ends of the hive.

  24. Tex. Agriculture Code Sec. 131.065. TRANSFER OF BRAND.

  25. Tex. Agriculture Code Sec. 131.081. USE OF "HONEY" ON LABEL. A person may not label, sell, or keep, offer, or expose for sale a product identified on its label as "honey," "liquid or extracted honey," "strained honey," or "pure honey" unless the product consists exclusively of pure honey.

  26. Tex. Agriculture Code Sec. 131.082. USE OF BEE, HIVE, OR COMB DESIGN. A person may not label, sell, or keep, expose, or offer for sale a product that resembles honey and that has on its label a picture or drawing of a bee, hive, or comb unless the product consists exclusively of pure honey.

  27. Tex. Agriculture Code Sec. 131.083. SALE OF IMITATION HONEY. A person may not label, sell, or keep, expose, or offer for sale a product that resembles honey and is identified on its label as "imitation honey."

  28. Tex. Agriculture Code Sec. 131.084. SALE OF HONEY MIXTURES.

  29. Tex. Agriculture Code Sec. 131.101. ENFORCEMENT AUTHORITY. The chief apiary inspector is the official responsible for enforcing Subchapters B, C, and D. The Department of State Health Services is the agency responsible for enforcing Subchapter E.

  30. Tex. Agriculture Code Sec. 131.102. ENTRY POWER.

  31. Tex. Agriculture Code Sec. 131.103. STOP-SALE ORDER. If the official or agency responsible for enforcing a provision of this chapter or a rule or quarantine adopted under this chapter has reason to believe a colony of bees, equipment, pollen, or honey is in violation of the provision, the official or agency may issue a written order to stop the sale of the bees, equipment, pollen, or honey. When the official or agency issues a stop-sale order, the official or agency shall deliver a copy of the order to the person who possesses the bees, equipment, pollen, or honey. On receipt of the copy of the order, a person may not sell or transport the bees, equipment, pollen, or honey until the official or agency that issued the order determines that the items are in compliance with this chapter.

  32. Tex. Agriculture Code Sec. 131.104. CIVIL ACTIONS.

  33. Tex. Agriculture Code Sec. 131.105. VENUE FOR CIVIL AND CRIMINAL ACTIONS. Venue for a civil or criminal prosecution under this chapter is in the county where the affected group of bees, equipment, pollen, or honey is located at the time the violation is discovered by or made known to the official or agency.

  34. Tex. Agriculture Code Sec. 131.121. DISEASE AND PEST CONTROL.

  35. Tex. Agriculture Code Sec. 131.122. APIARY EQUIPMENT BRANDS.

  36. Tex. Agriculture Code Sec. 131.123. LABELING OR SALE OF HONEY.

Chapter 132

  1. Tex. Agriculture Code Sec. 132.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 132.002. LIMITATION OF CHAPTER. This chapter does not apply to a person selling only eggs that are produced by the person's own flock and for which the person does not claim a grade.

  3. Tex. Agriculture Code Sec. 132.003. POWERS AND DUTIES OF DEPARTMENT.

  4. Tex. Agriculture Code Sec. 132.004. ADOPTION OF STANDARDS. Standards for the inspection and regulation of shell eggs, including quality, grade, and size of shell eggs, shall:

  5. Tex. Agriculture Code Sec. 132.005. SAMPLES.

  6. Tex. Agriculture Code Sec. 132.006. OUT-OF-STATE INSPECTION OF RECORDS AND EXPENSES.

  7. Tex. Agriculture Code Sec. 132.008. MEMORANDA OF UNDERSTANDING WITH OTHER STATE AGENCY.

  8. Tex. Agriculture Code Sec. 132.021. LICENSE REQUIRED.

  9. Tex. Agriculture Code Sec. 132.022. LICENSE CATEGORIES.

  10. Tex. Agriculture Code Sec. 132.023. RESIDENT AGENT FOR SERVICE. Before receiving a license required by this chapter, an applicant whose home office or principal place of business is outside this state shall file with the department the name of an agent in this state for service of process in actions by the state or the department in the enforcement of this chapter.

  11. Tex. Agriculture Code Sec. 132.024. LICENSE TERM. A license issued or renewed under this chapter is valid for one year.

  12. Tex. Agriculture Code Sec. 132.025. TIME FOR PAYMENT OF LICENSE FEE.

  13. Tex. Agriculture Code Sec. 132.026. FEE FOR DEALER-WHOLESALER LICENSE.

  14. Tex. Agriculture Code Sec. 132.027. FEE FOR PROCESSOR'S LICENSE.

  15. Tex. Agriculture Code Sec. 132.028. FEE FOR BROKER'S LICENSE. The department shall charge a license fee, as provided by department rule, for a broker.

  16. Tex. Agriculture Code Sec. 132.041. GRADE DETERMINATION AND SIZE DETERMINATION.

  17. Tex. Agriculture Code Sec. 132.042. GRADING AND CLASSIFICATION REQUIRED. Eggs offered for sale shall be:

  18. Tex. Agriculture Code Sec. 132.043. INSPECTION FEES.

  19. Tex. Agriculture Code Sec. 132.044. LABELING REQUIREMENTS FOR EGG CONTAINERS.

  20. Tex. Agriculture Code Sec. 132.045. SANITATION REQUIRED.

  21. Tex. Agriculture Code Sec. 132.046. SPECIAL REQUIREMENTS FOR SHIPPED EGGS. Shipped eggs coming into Texas in cartons ready for retail sale must be at least Grade A, as established by a Texas licensee. Shipped eggs coming into Texas loosed packed must be inspected and graded by a Texas licensee at the licensee's place of business in Texas before being sold at retail. All shipped eggs must be transported under refrigeration in compliance with the rules of the department.

  22. Tex. Agriculture Code Sec. 132.047. UNCARTONED EGGS.

  23. Tex. Agriculture Code Sec. 132.061. RECORDS.

  24. Tex. Agriculture Code Sec. 132.062. INVOICE. A licensed dealer-wholesaler or processor shall:

  25. Tex. Agriculture Code Sec. 132.071. STOP-SALE ORDER.

  26. Tex. Agriculture Code Sec. 132.0715. CIVIL PENALTY; INJUNCTION.

  27. Tex. Agriculture Code Sec. 132.072. REVOCATION, MODIFICATION, OR SUSPENSION OF LICENSE.

  28. Tex. Agriculture Code Sec. 132.081. GENERAL PENALTY.

  29. Tex. Agriculture Code Sec. 132.082. SELLING INEDIBLE EGGS.

  30. Tex. Agriculture Code Sec. 132.083. IMPROPER USE OF THE PREFIX "U.S."

  31. Tex. Agriculture Code Sec. 132.084. MISLEADING ADVERTISING.

Chapter 134

  1. Tex. Agriculture Code Sec. 134.001. DEFINITIONS. In this chapter only:

  2. Tex. Agriculture Code Sec. 134.002. SUPPORT OF AQUACULTURE. The department may:

  3. Tex. Agriculture Code Sec. 134.004. CONTRACTS. The department, the Texas Commission on Environmental Quality, the Texas Animal Health Commission, and the Parks and Wildlife Department may contract with state, federal, or private entities for assistance in carrying out the purposes of this chapter.

  4. Tex. Agriculture Code Sec. 134.005. RULES.

  5. Tex. Agriculture Code Sec. 134.013. ADDITIONAL REQUIREMENTS FOR SHRIMP PRODUCTION WITHIN THE COASTAL ZONE.

  6. Tex. Agriculture Code Sec. 134.016. RECORDS.

  7. Tex. Agriculture Code Sec. 134.017. CULTURE AND SALE OF CULTURED SPECIES. Cultured species of any kind, size, or number may be raised, possessed, transported, and sold anywhere, at any time, to any person, for any purpose by the operator of a commercial aquaculture facility unless prohibited by the Parks and Wildlife Code or regulation.

  8. Tex. Agriculture Code Sec. 134.018. SALE OF CERTAIN FISH.

  9. Tex. Agriculture Code Sec. 134.020. EXOTIC SPECIES.

  10. Tex. Agriculture Code Sec. 134.021. FEDERAL GRANTS. Federal grants for research and development of commercial fisheries may be used for individual aquaculture projects.

  11. Tex. Agriculture Code Sec. 134.022. AQUACULTURE FACILITY PROTECTED.

  12. Tex. Agriculture Code Sec. 134.023. PENALTIES.

  13. Tex. Agriculture Code Sec. 134.031. MEMORANDUM OF UNDERSTANDING.

Chapter 141

  1. Tex. Agriculture Code Sec. 141.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 141.002. COMMERCIAL FEED.

  3. Tex. Agriculture Code Sec. 141.003. ADMINISTRATION.

  4. Tex. Agriculture Code Sec. 141.004. RULES; MINIMUM STANDARDS. Following notice and public hearing, the service may adopt rules as necessary for the enforcement of this chapter, including rules defining and establishing minimum standards for commercial feed. To the extent practicable, rules that define and establish minimum standards for commercial feed must be in harmony with the official standards of the Association of American Feed Control Officials.

  5. Tex. Agriculture Code Sec. 141.005. PUBLICATIONS.

  6. Tex. Agriculture Code Sec. 141.006. CUSTOM PROCESSING. This chapter does not apply to the mixing, milling, or processing of a material produced by a purchaser of commercial feed or acquired by the purchaser from a source other than the person who mixes, mills, or processes the material.

  7. Tex. Agriculture Code Sec. 141.007. AFLATOXIN CONTROL. The service shall establish by rule aflatoxin contamination levels considered safe for whole seed and whole grain offered for retail sale for wildlife feed.

  8. Tex. Agriculture Code Sec. 141.008. HEMP IN COMMERCIAL FEED. The service may adopt rules authorizing, defining, and controlling the use of hemp and hemp products in commercial feed.

  9. Tex. Agriculture Code Sec. 141.021. LICENSE REQUIRED.

  10. Tex. Agriculture Code Sec. 141.023. TERM OF LICENSE. A license issued under this chapter is permanent unless:

  11. Tex. Agriculture Code Sec. 141.025. REFUSAL OR REVOCATION OF LICENSE. Following notice and a hearing, the service may revoke, suspend, annul, or amend an existing license or may refuse to issue a license if it finds that the licensee or applicant has:

  12. Tex. Agriculture Code Sec. 141.051. LABELING OF COMMERCIAL FEED.

  13. Tex. Agriculture Code Sec. 141.052. LABELING OF BULK COMMERCIAL FEED. At the time of delivery of bulk commercial feed distributed in this state, other than customer-formula feed, the manufacturer or other person distributing the feed shall furnish the purchaser with a written or printed statement showing the information required by Section 141.051(a) of this code.

  14. Tex. Agriculture Code Sec. 141.053. LABELING OF CUSTOMER-FORMULA FEED.

  15. Tex. Agriculture Code Sec. 141.054. GENERAL LABEL RESTRICTIONS. Except as authorized by this chapter or a rule of the service, the label of a commercial feed may not:

  16. Tex. Agriculture Code Sec. 141.055. REQUEST FOR LABEL REVIEW.

  17. Tex. Agriculture Code Sec. 141.071. INSPECTION FEE.

  18. Tex. Agriculture Code Sec. 141.072. QUARTERLY TONNAGE REPORTING AND INSPECTION FEE PAYMENT.

  19. Tex. Agriculture Code Sec. 141.073. PENALTY FOR LATE FILING OR PAYMENT.

  20. Tex. Agriculture Code Sec. 141.074. RECORDS; ADDITIONAL REPORTS; AUDITS.

  21. Tex. Agriculture Code Sec. 141.075. DISPOSITION AND USE OF FEES.

  22. Tex. Agriculture Code Sec. 141.101. INSPECTION AND SAMPLING; ENTRY POWER. In order to determine if feed is in compliance with this chapter, the service is entitled to:

  23. Tex. Agriculture Code Sec. 141.102. PROCEDURE FOR SAMPLING AND ANALYSIS. The service by rule shall prescribe the procedures for sampling and analysis of commercial feed. The procedures must, to the extent practicable, be in accordance with the official methods of the Association of Official Analytical Chemists or other methods that the service determines authentic by research and investigation.

  24. Tex. Agriculture Code Sec. 141.103. IDENTIFICATION OF SAMPLE.

  25. Tex. Agriculture Code Sec. 141.104. INDEPENDENT ANALYSIS OF SAMPLE.

  26. Tex. Agriculture Code Sec. 141.121. STOP-SALE ORDER.

  27. Tex. Agriculture Code Sec. 141.122. CONDEMNATION OF FEED.

  28. Tex. Agriculture Code Sec. 141.123. WARNINGS. If the service determines that a violation of this chapter is of a minor nature and that the public interest will be served and protected by the issuance of a written warning, the service may issue the warning instead of proceeding to condemn the feed, reporting the violation for prosecution, or taking other administrative action.

  29. Tex. Agriculture Code Sec. 141.124. INJUNCTION.

  30. Tex. Agriculture Code Sec. 141.125. SUIT TO RECOVER FEES. The service may sue to recover an inspection fee or a penalty due under Subchapter D of this chapter. Venue for a suit under this section is in Brazos County.

  31. Tex. Agriculture Code Sec. 141.126. PROSECUTIONS. Each district attorney, criminal district attorney, or county attorney to whom the service reports a violation of this chapter shall cause appropriate proceedings to be instituted and prosecuted in the proper court without delay in the manner provided by law.

  32. Tex. Agriculture Code Sec. 141.127. VENUE FOR CIVIL AND CRIMINAL ACTIONS. Except as provided by Section 141.125 of this code, venue for a civil action or criminal prosecution under this chapter is in the county in which the commercial feed is located at the time the alleged violation is discovered by or made known to the service.

  33. Tex. Agriculture Code Sec. 141.128. APPEAL OF ADMINISTRATIVE ORDER OR RULING.

  34. Tex. Agriculture Code Sec. 141.141. GENERAL PENALTY.

  35. Tex. Agriculture Code Sec. 141.142. DISTRIBUTION OF CUSTOMER-FORMULA FEED IN VIOLATION OF CHAPTER.

  36. Tex. Agriculture Code Sec. 141.143. DISTRIBUTION OF COMMERCIAL FEED WITHOUT LICENSE, LABELING, OR PAYMENT OF INSPECTION FEE.

  37. Tex. Agriculture Code Sec. 141.144. REFUSAL OF INSPECTION OR SAMPLING.

  38. Tex. Agriculture Code Sec. 141.145. REFUSAL TO PAY INSPECTION FEE OR SUBMIT RECORDS.

  39. Tex. Agriculture Code Sec. 141.146. DISPOSAL OF FEED SUBJECT TO A STOP-SALE ORDER.

  40. Tex. Agriculture Code Sec. 141.147. DISTRIBUTION OF MISBRANDED FEED.

  41. Tex. Agriculture Code Sec. 141.148. DISTRIBUTION OF ADULTERATED FEED.

  42. Tex. Agriculture Code Sec. 141.149. RULES; PENALTY.

Chapter 142

  1. Tex. Agriculture Code Sec. 142.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 142.002. RIGHTS OF OCCUPANT OTHER THAN OWNER. A person has the rights of an owner of property under this chapter if he is a part owner, a lessee, an occupant, or a caretaker of land or premises, but an owner and an occupant of the same property may not recover for the same damage.

  3. Tex. Agriculture Code Sec. 142.0021. OWNERSHIP OF EXOTIC WILDLIFE AND FOWL. A person may claim to be the owner of exotic livestock or exotic fowl under this chapter only if the animal is tagged, branded, banded, or marked in another conspicuous manner that can be read or identified from a long distance and that identifies the animal as being the property of the claimant.

  4. Tex. Agriculture Code Sec. 142.003. DISCOVERY OF ESTRAY; NOTICE.

  5. Tex. Agriculture Code Sec. 142.004. REDEMPTION.

  6. Tex. Agriculture Code Sec. 142.005. COLLECTION FEE.

  7. Tex. Agriculture Code Sec. 142.006. AMOUNT OF REDEMPTION PAYMENT.

  8. Tex. Agriculture Code Sec. 142.007. JUSTICE COURT PETITION. A petition seeking a justice court determination of the amount of a redemption payment or the amount of a collection fee must contain the following information:

  9. Tex. Agriculture Code Sec. 142.008. APPEAL OF COURT AWARD.

  10. Tex. Agriculture Code Sec. 142.009. IMPOUNDMENT OF ESTRAY.

  11. Tex. Agriculture Code Sec. 142.010. RECOVERY OF IMPOUNDED ESTRAY BY OWNER.

  12. Tex. Agriculture Code Sec. 142.011. USE OF ESTRAY. During the period an estray is held by the sheriff, the estray may not be used for any purpose.

  13. Tex. Agriculture Code Sec. 142.012. ESCAPE OR DEATH OF IMPOUNDED ESTRAY. If the animal dies or escapes while impounded, the sheriff shall make a written report of the death or escape and file the report with the county clerk for placement in the county estray records.

  14. Tex. Agriculture Code Sec. 142.013. DISPOSITION OR SALE OF IMPOUNDED ESTRAYS.

  15. Tex. Agriculture Code Sec. 142.014. RECOVERY BY OWNER OF PROCEEDS OF SALE. Not later than the 180th day after the date of sale of an estray under this chapter, the original owner of the estray may recover the net proceeds of the sale if:

  16. Tex. Agriculture Code Sec. 142.015. DISPOSITION OF ESTRAY UNDER PERILOUS CONDITION.

Chapter 143

  1. Tex. Agriculture Code Sec. 143.001. SUFFICIENT FENCE REQUIRED. Except as provided by this chapter for an area in which a local option stock law has been adopted, each gardener or farmer shall make a sufficient fence around cleared land in cultivation that is at least five feet high and will prevent hogs from passing through.

  2. Tex. Agriculture Code Sec. 143.002. GATE. A person may not build, join, or maintain around cleared land in cultivation more than three miles lineal measure of fence running the same general direction without a gate that is at least 10 feet wide and is unlocked.

  3. Tex. Agriculture Code Sec. 143.003. CATTLE ON COUNTY ROAD WITH CATTLE GUARD. Cattle on a county road are not considered to be running at large if the county road:

  4. Tex. Agriculture Code Sec. 143.021. PETITION FOR ELECTION.

  5. Tex. Agriculture Code Sec. 143.022. ELECTION ORDERS.

  6. Tex. Agriculture Code Sec. 143.023. ELECTION.

  7. Tex. Agriculture Code Sec. 143.024. EFFECT OF ELECTION; ADOPTION OF SUBCHAPTER.

  8. Tex. Agriculture Code Sec. 143.025. SUBSEQUENT ELECTIONS TO ADOPT SUBCHAPTER.

  9. Tex. Agriculture Code Sec. 143.026. REPEAL.

  10. Tex. Agriculture Code Sec. 143.027. EXTENSION OF SUBCHAPTER TO ADJOINING AREA BY ORDER. A commissioners court by order shall extend application of this subchapter to territory that is between two areas of the county that have adopted this subchapter or is adjacent to an area, in that county or in another county, that has adopted this subchapter if:

  11. Tex. Agriculture Code Sec. 143.028. FENCES.

  12. Tex. Agriculture Code Sec. 143.033. INJURY TO TRESPASSING ANIMAL. If a person whose fence is insufficient under this subchapter maims, wounds, or kills a head of cattle or a horse, mule, jack, jennet, sheep, or goat, or procures the maiming, wounding, or killing of one of those animals, by any means, including a gun or a dog, the person is liable to the owner of the animal for damages. This section does not authorize a person to maim, wound, or kill any horse, mule, jack, jennet, sheep, goat, or head of cattle of another person.

  13. Tex. Agriculture Code Sec. 143.034. PENALTY.

  14. Tex. Agriculture Code Sec. 143.051. PETITION FOR ELECTION.

  15. Tex. Agriculture Code Sec. 143.052. ELECTION ORDERS.

  16. Tex. Agriculture Code Sec. 143.053. ELECTION.

  17. Tex. Agriculture Code Sec. 143.054. EFFECT OF ELECTION. If a majority of the votes cast are for the limited period of free range for hogs, after the 10th day following the date on which the proclamation is issued a person may permit hogs to run at large in the county or area in which the election was held during the period beginning on November 15 of each year and ending on February 15 of the following year.

  18. Tex. Agriculture Code Sec. 143.055. SUBSEQUENT ELECTIONS TO ADOPT OR REPEAL FREE RANGE.

  19. Tex. Agriculture Code Sec. 143.056. COMBINED ELECTIONS. An election under this subchapter may be held at the same time as an election under Subchapter B of this chapter, but the propositions must be submitted and voted on as separate issues and the returns and proclamations of results must be separate for each proposition.

  20. Tex. Agriculture Code Sec. 143.071. PETITION FOR ELECTION.

  21. Tex. Agriculture Code Sec. 143.072. EXCEPTIONS; COUNTYWIDE ELECTIONS. The following counties may not conduct a countywide election on the running at large of cattle: Andrews, Coke, Culberson, Hardin, Hemphill, Hudspeth, Jasper, Jefferson, Kenedy, Kinney, LaSalle, Loving, Motley, Newton, Presidio, Roberts, Schleicher, Terry, Tyler, Upton, Wharton, or Yoakum.

  22. Tex. Agriculture Code Sec. 143.073. ELECTION.

  23. Tex. Agriculture Code Sec. 143.074. EFFECT OF ELECTION; ADOPTION OF SUBCHAPTER.

  24. Tex. Agriculture Code Sec. 143.075. SUBSEQUENT ELECTIONS TO ADOPT SUBCHAPTER.

  25. Tex. Agriculture Code Sec. 143.076. REPEAL.

  26. Tex. Agriculture Code Sec. 143.077. FENCES. A fence is sufficient for purposes of this chapter if it is sufficient to keep out the classes of animals not affected by this subchapter.

  27. Tex. Agriculture Code Sec. 143.082. PENALTY.

  28. Tex. Agriculture Code Sec. 143.101. DEFINITION. In this subchapter, "highway" means a U.S. highway or a state highway in this state, but does not include a numbered farm-to-market road. The term includes the portion of Recreation Road Number 255 that is located in Newton County between State Highway Number 87 and the boundary line with Jasper County.

  29. Tex. Agriculture Code Sec. 143.102. RUNNING AT LARGE ON HIGHWAY PROHIBITED. A person who owns or has responsibility for the control of a horse, mule, donkey, cow, bull, steer, hog, sheep, or goat may not knowingly permit the animal to traverse or roam at large, unattended, on the right-of-way of a highway.

  30. Tex. Agriculture Code Sec. 143.103. IMMUNITY FROM LIABILITY. A person whose vehicle strikes, kills, injures, or damages an unattended animal running at large on a highway is not liable for damages to the animal except as a finding of:

  31. Tex. Agriculture Code Sec. 143.104. HERDING OF LIVESTOCK ALONG HIGHWAY. This subchapter does not prevent the movement of livestock from one location to another by herding, leading, or driving the livestock on, along, or across a highway.

  32. Tex. Agriculture Code Sec. 143.106. ENFORCEMENT. Each state highway patrolman or county or local law enforcement officer shall enforce this subchapter and may enforce it without the use of a written warrant.

  33. Tex. Agriculture Code Sec. 143.107. CONFLICT WITH OTHER LAW. This subchapter prevails to the extent of any conflict with another provision of this chapter.

  34. Tex. Agriculture Code Sec. 143.108. PENALTY.

  35. Tex. Agriculture Code Sec. 143.121. PROHIBITION. Except as provided by this subchapter or by mutual consent of the parties, a person may not remove a fence that is:

  36. Tex. Agriculture Code Sec. 143.122. REMOVAL OF FENCE BY OWNER. A person who owns an interest in a fence attached to a fence owned in whole or in part by another person is entitled to withdraw his or her fence from the other fence after giving six months' notice of the intended separation. The notice must be in writing and given to the owner of the attached fence or to that person's agent, attorney, or lessee.

  37. Tex. Agriculture Code Sec. 143.123. REQUIRING REMOVAL OF FENCE BY ANOTHER PERSON. A person who is the owner of a fence that is wholly on that person's land may require the owner of an attached fence to disconnect and withdraw the attached fence by giving six months' notice of the required disconnection. The notice must be in writing and given to the owner of the attached fence or that person's agent, attorney, or lessee.

Chapter 144

  1. Tex. Agriculture Code Sec. 144.001. OWNER'S MARKS AND BRANDS.

  2. Tex. Agriculture Code Sec. 144.002. BRANDS OF MINORS. A minor who owns cattle, hogs, or one or more horses may have one or more marks or brands, but the parent or guardian of the minor is responsible for the proper use of the mark or brand.

  3. Tex. Agriculture Code Sec. 144.003. AGE FOR MARKING OR BRANDING.

  4. Tex. Agriculture Code Sec. 144.041. MARKS AND BRANDS TO BE RECORDED.

  5. Tex. Agriculture Code Sec. 144.042. RECORDING. In recording a mark, electronic device, tattoo, brand, or other generally accepted identification method, the person recording the mark shall note the date on which the mark, electronic device, tattoo, brand, or other generally accepted identification method is recorded. In addition, the person recording a mark, electronic device, tattoo, brand, or other generally accepted identification method shall designate the part of the animal on which the mark, electronic device, tattoo, brand, or other generally accepted identification method is to be placed.

  6. Tex. Agriculture Code Sec. 144.043. EFFECT OF RECORDING.

  7. Tex. Agriculture Code Sec. 144.044. RERECORDING.

  8. Tex. Agriculture Code Sec. 144.101. DEFINITION. In this subchapter, "commission" means the Texas Animal Health Commission.

  9. Tex. Agriculture Code Sec. 144.102. ELECTRONIC REGISTRY OF MARKS AND BRANDS.

  10. Tex. Agriculture Code Sec. 144.121. USE OF UNRECORDED MARK OR BRAND.

  11. Tex. Agriculture Code Sec. 144.122. ALTERING MARK OR BRAND.

  12. Tex. Agriculture Code Sec. 144.124. IMPROPERLY RECORDING BRAND.

  13. Tex. Agriculture Code Sec. 144.125. COUNTERBRANDING WITHOUT OWNER'S CONSENT.

  14. Tex. Agriculture Code Sec. 144.127. REPRODUCTION OR DESTRUCTION OF TATTOO MARK.

  15. Tex. Agriculture Code Sec. 144.128. PURCHASE, SALE, OR TRANSPORTATION OF TATTOOED LIVESTOCK WITHOUT CONSENT.

Chapter 146

  1. Tex. Agriculture Code Sec. 146.001. BILL OF SALE OR TRANSFER REQUIRED.

  2. Tex. Agriculture Code Sec. 146.003. REGISTER OF SHIPPED CATTLE.

  3. Tex. Agriculture Code Sec. 146.005. PERMITS TO TRANSPORT ANIMALS.

  4. Tex. Agriculture Code Sec. 146.006. PENALTY FOR DRIVING STOCK TO MARKET WITHOUT BILL OF SALE OR SWORN LIST.

  5. Tex. Agriculture Code Sec. 146.008. PENALTY FOR TRANSPORTING ANIMALS WITHOUT PERMIT OR WITH FRAUDULENT PERMIT.

  6. Tex. Agriculture Code Sec. 146.021. DEPARTMENT FACILITIES. The department may receive and hold for processing animals and animal products transported in international trade and may establish and collect reasonable fees for yardage, maintenance, feed, medical care, facility use, and other necessary expenses incurred in the course of processing those animals. Notwithstanding any other law, the department may use any portion of fees collected under this section that remains after spending the proceeds of the fees to meet other necessary expenses incurred under this section for expenses related to maintenance of or repairs to department facilities.

  7. Tex. Agriculture Code Sec. 146.022. CONTRACTS.

  8. Tex. Agriculture Code Sec. 146.023. PAYMENT OF FEES AND DEBTS. The department shall collect fees or debts owed to the state or to a supplier of goods or services in connection with the processing of exported or imported animals prior to the removal of the animals from the department's facilities.

  9. Tex. Agriculture Code Sec. 146.024. ABANDONED ANIMALS.

  10. Tex. Agriculture Code Sec. 146.025. CARE AND TREATMENT OF ANIMALS IN FACILITIES.

Chapter 147

  1. Tex. Agriculture Code Sec. 147.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 147.002. COMMISSION MERCHANTS.

  3. Tex. Agriculture Code Sec. 147.003. EXCEPTIONS.

  4. Tex. Agriculture Code Sec. 147.004. REMITTANCE OF SALE PROCEEDS.

  5. Tex. Agriculture Code Sec. 147.005. DEPOSIT OF PROCEEDS IN DISPUTE.

  6. Tex. Agriculture Code Sec. 147.021. BOND REQUIRED. Before engaging in business as a commission merchant, a person shall file a bond with the county judge of the county of the commission merchant's principal place of business.

  7. Tex. Agriculture Code Sec. 147.022. TERMS AND CONDITIONS OF BOND.

  8. Tex. Agriculture Code Sec. 147.023. AMOUNT OF BOND.

  9. Tex. Agriculture Code Sec. 147.024. MORE THAN ONE PERSON UNDER SINGLE BOND.

  10. Tex. Agriculture Code Sec. 147.025. APPROVAL OF BOND BY COUNTY JUDGE.

  11. Tex. Agriculture Code Sec. 147.026. RECORDING OF BOND AND STATEMENT OF SALES.

  12. Tex. Agriculture Code Sec. 147.027. COMMISSION MERCHANT'S COPY OF BOND. As soon as practicable after the recording of a bond, a commission merchant shall request, and the county clerk shall provide, a certified copy of the bond. The commission merchant shall post that copy in a conspicuous place in the main office of the commission merchant's principal place of business.

  13. Tex. Agriculture Code Sec. 147.028. SUIT ON BOND.

  14. Tex. Agriculture Code Sec. 147.029. INSOLVENCY OF SURETY. If the county judge discovers that the surety on a bond is insolvent or determines that the surety is financially unable to make the bond sufficient, the county judge shall notify the commission merchant and the commission merchant shall execute a new bond in accordance with the requirements for the original bond.

  15. Tex. Agriculture Code Sec. 147.041. RECORD OF SALES.

  16. Tex. Agriculture Code Sec. 147.042. RECORD OF TRANSPORTATION.

  17. Tex. Agriculture Code Sec. 147.061. FAILURE TO FILE OR MAINTAIN BOND.

  18. Tex. Agriculture Code Sec. 147.062. FAILURE TO POST COPY OF BOND.

  19. Tex. Agriculture Code Sec. 147.063. FAILURE TO REMIT PROCEEDS OF SALE.

  20. Tex. Agriculture Code Sec. 147.064. APPROPRIATION OF PROCEEDS OF SALE.

  21. Tex. Agriculture Code Sec. 147.065. FAILURE TO KEEP OR EXHIBIT TRANSPORTATION RECORDS.

Chapter 148

  1. Tex. Agriculture Code Sec. 148.001. DEFINITION. In this chapter, "slaughterer" means a person engaged in the business of slaughtering livestock for profit.

  2. Tex. Agriculture Code Sec. 148.002. SLAUGHTERER TO REGISTER.

  3. Tex. Agriculture Code Sec. 148.003. SLAUGHTER OF UNBRANDED OR UNMARKED LIVESTOCK; SLAUGHTER WITHOUT BILL OF SALE.

  4. Tex. Agriculture Code Sec. 148.011. RECORD OF PURCHASE AND SLAUGHTER.

  5. Tex. Agriculture Code Sec. 148.012. REPORTS TO COUNTY.

  6. Tex. Agriculture Code Sec. 148.021. MEAT PROCESSOR. A person is a meat processor subject to this subchapter if the person is engaged in the business of slaughtering cattle, sheep, goats, or hogs and processing or packaging them for sale as meat.

  7. Tex. Agriculture Code Sec. 148.022. TIME AND METHOD OF PAYMENT FOR PURCHASES.

  8. Tex. Agriculture Code Sec. 148.023. AGREEMENT ON TIME AND METHOD OF PAYMENT.

  9. Tex. Agriculture Code Sec. 148.024. DELAY IN COLLECTION OF PAYMENT INSTRUMENTS. An instrument issued in payment for livestock under this subchapter shall be drawn on banks that are so located as not to artificially delay collection of funds through mail or otherwise cause an undue lapse of time in the clearance process.

  10. Tex. Agriculture Code Sec. 148.025. DAMAGES. A purchaser who fails to pay for livestock as provided by this subchapter or who artificially delays the collection of funds for the payment is liable to the seller of the livestock for the purchase price and:

  11. Tex. Agriculture Code Sec. 148.026. LIEN.

  12. Tex. Agriculture Code Sec. 148.027. COMMINGLING OF LIVESTOCK UNDER LIEN.

  13. Tex. Agriculture Code Sec. 148.028. PRIORITY OF LIEN. A lien under this subchapter has priority over any other lien or perfected security interest in the animal, its carcass, its products, or proceeds from the sale of the animal, its carcass, or its products.

  14. Tex. Agriculture Code Sec. 148.029. FEE FOR HORSES SOLD TO SLAUGHTERER.

  15. Tex. Agriculture Code Sec. 148.030. INSPECTION OF HORSES SOLD THROUGH CERTAIN SLAUGHTERHOUSES. The department, agency, or association authorized to inspect livestock under 7 U.S.C. Section 217a shall inspect for identification purposes each horse held, handled, purchased, or sold through a slaughterhouse.

  16. Tex. Agriculture Code Sec. 148.041. APPLICATION OF SUBCHAPTER. This subchapter does not apply to the following counties: Anderson, Austin, Bandera, Bastrop, Bell, Bexar, Blanco, Bowie, Brazos, Burleson, Caldwell, Calhoun, Camp, Cass, Chambers, Cherokee, Clay, Collin, Colorado, Comal, Comanche, Dallas, Delta, Denton, DeWitt, Ellis, Falls, Fannin, Fayette, Franklin, Freestone, Galveston, Gillespie, Goliad, Gonzales, Grayson, Gregg, Grimes, Guadalupe, Hardin, Harris, Harrison, Hays, Henderson, Hill, Hopkins, Houston, Hunt, Johnson, Karnes, Kaufman, Kendall, Kerr, Kimble, Lamar, Lavaca, Lee, Leon, Liberty, Limestone, Llano, Madison, Marion, Mason, McLennan, Milam, Montgomery, Morris, Nacogdoches, Navarro, Palo, Pinto, Panola, Polk, Rains, Robertson, Rusk, Sabine, San Augustine, San Jacinto, Shelby, Smith, Sutton, Tarrant, Titus, Travis, Trinity, Upshur, Van Zandt, Walker, Waller, Washington, Williamson, and Wood.

  17. Tex. Agriculture Code Sec. 148.042. SLAUGHTERER'S BOND.

  18. Tex. Agriculture Code Sec. 148.043. RECORDS.

  19. Tex. Agriculture Code Sec. 148.045. PURCHASE OF SLAUGHTERED CATTLE WITHOUT HIDE OR EARS. A slaughterer may not purchase cattle that have been slaughtered by another person if:

  20. Tex. Agriculture Code Sec. 148.061. FAILURE TO REGISTER.

  21. Tex. Agriculture Code Sec. 148.062. SLAUGHTER OF UNBRANDED OR UNMARKED LIVESTOCK; SLAUGHTER WITHOUT BILL OF SALE.

  22. Tex. Agriculture Code Sec. 148.063. FAILURE TO KEEP OR PROVIDE RECORDS OF PURCHASE OR SLAUGHTER.

  23. Tex. Agriculture Code Sec. 148.064. FAILURE TO REPORT TO COUNTY.

  24. Tex. Agriculture Code Sec. 148.065. FAILURE TO FILE BOND.

  25. Tex. Agriculture Code Sec. 148.066. FAILURE TO KEEP OR PERMIT INSPECTION OF RECORDS.

  26. Tex. Agriculture Code Sec. 148.069. PURCHASE OF SLAUGHTERED CATTLE WITHOUT HIDE OR EARS.

Chapter 149

  1. Tex. Agriculture Code Sec. 149.001. DEFINITION. In this chapter, "horsemeat" means the flesh of an animal of the genus equus.

  2. Tex. Agriculture Code Sec. 149.002. SALE OR POSSESSION OF HORSEMEAT. A person commits an offense if:

  3. Tex. Agriculture Code Sec. 149.003. TRANSFER OF HORSEMEAT. A person commits an offense if the person:

  4. Tex. Agriculture Code Sec. 149.004. PRIMA FACIE EVIDENCE OF OFFENSE. In a prosecution under this chapter, any of the following is prima facie evidence of an offense:

  5. Tex. Agriculture Code Sec. 149.005. PENALTY.

  6. Tex. Agriculture Code Sec. 149.006. INJUNCTION. On a conviction of an offense under this chapter, the court shall enjoin the defendant from slaughtering animals, selling meat, transporting meat, or in any manner purveying meat to the public as food for human consumption. Each day the injunction is violated constitutes a separate contempt.

  7. Tex. Agriculture Code Sec. 149.007. EFFECT ON MUNICIPAL ORDINANCES.

Chapter 150

  1. Tex. Agriculture Code Sec. 150.001. DEFINITIONS. In this subchapter:

  2. Tex. Agriculture Code Sec. 150.002. LABELING OF IMPORTED FRESH MEAT.

  3. Tex. Agriculture Code Sec. 150.003. CRIMINAL PENALTY.

  4. Tex. Agriculture Code Sec. 150.011. DEFINITIONS. In this subchapter:

  5. Tex. Agriculture Code Sec. 150.012. PURCHASE OF IMPORTED BEEF BY STATE AGENCY OR POLITICAL SUBDIVISION.

Chapter 151

  1. Tex. Agriculture Code Sec. 151.001. DEFINITIONS.

  2. Tex. Agriculture Code Sec. 151.002. LABELING OF BISON AND BUFFALO MEAT.

  3. Tex. Agriculture Code Sec. 151.003. CRIMINAL PENALTY.

Chapter 152

  1. Tex. Agriculture Code Sec. 152.001. TRAINING PROGRAM FOR HORSE OWNERS.

  2. Tex. Agriculture Code Sec. 152.002. TRAINING PROGRAM FOR LAW ENFORCEMENT AGENCIES.

Chapter 153

  1. Tex. Agriculture Code Sec. 153.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 153.002. ESTABLISHMENT OF PROGRAM.

  3. Tex. Agriculture Code Sec. 153.003. INSPECTIONS. Program rules must authorize the special rangers appointed under Article 2A.006, Code of Criminal Procedure, and other association employees designated by the special rangers, to inspect and record brands and other identifying characteristics of cattle at livestock auction markets.

  4. Tex. Agriculture Code Sec. 153.004. ASSESSMENT.

  5. Tex. Agriculture Code Sec. 153.005. STATE OVERSIGHT.

Chapter 161

  1. Tex. Agriculture Code Sec. 161.001. DEFINITIONS.

  2. Tex. Agriculture Code Sec. 161.002. CARETAKER OF ANIMAL.

  3. Tex. Agriculture Code Sec. 161.003. DUTY OF COUNTY COMMISSIONERS COURT.

  4. Tex. Agriculture Code Sec. 161.004. DISPOSAL OF DISEASED LIVESTOCK CARCASS.

  5. Tex. Agriculture Code Sec. 161.005. COMMISSION WRITTEN INSTRUMENTS.

  6. Tex. Agriculture Code Sec. 161.006. DOCUMENTS TO ACCOMPANY SHIPMENT.

  7. Tex. Agriculture Code Sec. 161.007. EXPOSURE OR INFECTION CONSIDERED CONTINUING. If a veterinarian employed by the commission determines that a communicable disease exists among livestock, domestic animals, or domestic fowl or on certain premises or that livestock, domestic animals, or domestic fowl have been exposed to the agency of transmission of a communicable disease, the exposure or infection is considered to continue until the commission determines that the exposure or infection has been eradicated through methods prescribed by rule of the commission.

  8. Tex. Agriculture Code Sec. 161.008. STATE FUNDS REFORM ACT APPLICABLE. All money paid to the commission under this chapter is subject to Subchapter F, Chapter 404, Government Code.

  9. Tex. Agriculture Code Sec. 161.009. CONFIDENTIALITY OF BIOSECURITY AND OTHER SENSITIVE INFORMATION.

  10. Tex. Agriculture Code Sec. 161.021. COMPOSITION.

  11. Tex. Agriculture Code Sec. 161.022. TERM. Commissioners serve for staggered terms of six years, with the terms of four or five members expiring every other year.

  12. Tex. Agriculture Code Sec. 161.023. MANDATORY TRAINING PROGRAM FOR COMMISSIONERS.

  13. Tex. Agriculture Code Sec. 161.024. PRESIDING OFFICER. The governor shall designate a member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure of the governor.

  14. Tex. Agriculture Code Sec. 161.025. VACANCIES. The governor shall fill vacancies by appointment for the unexpired term.

  15. Tex. Agriculture Code Sec. 161.026. EXPENSES AND PER DIEM. Each commissioner is entitled to reasonable travel expenses incurred in performing official duties and to the per diem set in the General Appropriations Act for members of state boards and commissions.

  16. Tex. Agriculture Code Sec. 161.027. SUNSET PROVISION. The Texas Animal Health Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished September 1, 2035.

  17. Tex. Agriculture Code Sec. 161.028. RESTRICTIONS ON COMMISSION APPOINTMENT, MEMBERSHIP, AND EMPLOYMENT.

  18. Tex. Agriculture Code Sec. 161.029. REMOVAL OF COMMISSION MEMBERS.

  19. Tex. Agriculture Code Sec. 161.030. SEPARATION OF AUTHORITY. The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the executive director and the staff of the commission.

  20. Tex. Agriculture Code Sec. 161.0305. EXECUTIVE DIRECTOR; QUALIFICATIONS. The executive director must hold a degree in veterinary medicine.

  21. Tex. Agriculture Code Sec. 161.031. PERSONNEL.

  22. Tex. Agriculture Code Sec. 161.0311. ACCEPTANCE OF GIFTS AND GRANTS.

  23. Tex. Agriculture Code Sec. 161.033. PUBLIC INTEREST INFORMATION AND COMPLAINTS.

  24. Tex. Agriculture Code Sec. 161.0335. TECHNOLOGY POLICY. The commission shall implement a policy requiring the commission to use appropriate technological solutions to improve the commission's ability to perform its functions. The policy must ensure that the public is able to interact with the commission on the Internet.

  25. Tex. Agriculture Code Sec. 161.0336. INFORMATION RELATING TO COMPLAINT PROCEDURES. The commission shall:

  26. Tex. Agriculture Code Sec. 161.034. PUBLIC MEETINGS.

  27. Tex. Agriculture Code Sec. 161.035. ADVISORY COMMITTEES.

  28. Tex. Agriculture Code Sec. 161.036. PROGRAM AND FACILITY ACCESSIBILITY. The commission shall comply with federal and state laws related to program and facility accessibility. The executive director shall also prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the commission's programs and services.

  29. Tex. Agriculture Code Sec. 161.037. PERIODIC REVIEW OF AGENCY FUNCTIONS.

  30. Tex. Agriculture Code Sec. 161.0375. PERIODIC REVIEW OF COMPLIANCE INFORMATION.

  31. Tex. Agriculture Code Sec. 161.038. ADMINISTRATIVE PROCEDURE ACT APPLICABLE. The commission is subject to the administrative procedure law, Chapter 2001, Government Code.

  32. Tex. Agriculture Code Sec. 161.039. COMPLIANCE POLICY AND INTERNAL OPERATING PROCEDURES.

  33. Tex. Agriculture Code Sec. 161.040. RULEMAKING AND DISPUTE RESOLUTION PROCEDURES.

  34. Tex. Agriculture Code Sec. 161.041. DISEASE CONTROL.

  35. Tex. Agriculture Code Sec. 161.0411. DOMESTIC AND EXOTIC FOWL REGISTRATION.

  36. Tex. Agriculture Code Sec. 161.0412. REGULATION AND REGISTRATION OF FERAL SWINE HOLDING FACILITIES.

  37. Tex. Agriculture Code Sec. 161.0415. DISPOSAL OF DISEASED OR EXPOSED LIVESTOCK OR FOWL.

  38. Tex. Agriculture Code Sec. 161.0416. EMERGENCY MANAGEMENT.

  39. Tex. Agriculture Code Sec. 161.0417. AUTHORIZED PERSONNEL FOR DISEASE CONTROL.

  40. Tex. Agriculture Code Sec. 161.042. SALE AND DISTRIBUTION OF VETERINARY BIOLOGICS. The commission may control the sale and distribution of all veterinary biologics except rabies vaccine. Rabies vaccine shall be sold, distributed, dispensed, and administered in compliance with Chapter 826, Health and Safety Code and the rules adopted thereunder by the Texas Board of Health.

  41. Tex. Agriculture Code Sec. 161.043. REGULATION OF EXHIBITIONS. The commission may regulate the entry of livestock, domestic animals, and domestic fowl into exhibitions, shows, and fairs and may require treatment or certification of those animals as reasonably necessary to protect against communicable diseases.

  42. Tex. Agriculture Code Sec. 161.044. REGULATION OF LIVESTOCK MOVEMENT FROM STOCKYARDS OR RAILWAY SHIPPING PENS. The commission may regulate the movement of livestock out of stockyards or railway shipping pens and require treatment or certification of those animals as reasonably necessary to protect against communicable diseases.

  43. Tex. Agriculture Code Sec. 161.0445. REGULATION OF EXPORT-IMPORT PROCESSING FACILITIES.

  44. Tex. Agriculture Code Sec. 161.045. EMPLOYEES; CHIEF VETERINARIAN. The commission may employ personnel as necessary in the administration of this chapter or other duties of the commission, including a chief veterinarian, a first assistant veterinarian, other veterinarians, and clerical personnel.

  45. Tex. Agriculture Code Sec. 161.046. RULES. The commission may adopt rules as necessary for the administration and enforcement of this chapter.

  46. Tex. Agriculture Code Sec. 161.047. ENTRY POWER.

  47. Tex. Agriculture Code Sec. 161.048. INSPECTION OF SHIPMENT OF ANIMALS OR ANIMAL PRODUCTS.

  48. Tex. Agriculture Code Sec. 161.049. DEALER RECORDS.

  49. Tex. Agriculture Code Sec. 161.050. INJUNCTION. The commission is entitled to appropriate injunctive relief to prevent or abate a violation of a statute administered or enforced by the commission or a rule adopted or order issued by the commission under such a statute. On request of the commission, the attorney general shall file suit for the injunctive relief. Venue is in Travis County.

  50. Tex. Agriculture Code Sec. 161.051. MEMORANDUM OF UNDERSTANDING ON ENFORCEMENT OF COMMISSION POWERS.

  51. Tex. Agriculture Code Sec. 161.052. MEMORANDUM OF UNDERSTANDING ON COOPERATION WITH LOCAL AUTHORITIES.

  52. Tex. Agriculture Code Sec. 161.0525. MEMORANDUM OF UNDERSTANDING ON COOPERATION WITH OTHER STATES. The commission by rule, subject to approval by the governor, may adopt a joint memorandum of understanding with another state that includes provisions under which the commission and the other state may provide assistance to each other in the case of an animal disease outbreak.

  53. Tex. Agriculture Code Sec. 161.053. COOPERATIVE AGREEMENTS. The commission may enter into a cooperative agreement with the department to use for animal health purposes livestock export pens controlled by the department.

  54. Tex. Agriculture Code Sec. 161.054. REGULATION OF MOVEMENT OF ANIMALS; EXCEPTION.

  55. Tex. Agriculture Code Sec. 161.0541. ELK DISEASE SURVEILLANCE PROGRAM.

  56. Tex. Agriculture Code Sec. 161.0542. NOTICE OF WILDLIFE DISEASE OUTBREAK.

  57. Tex. Agriculture Code Sec. 161.0545. MOVEMENT OF ANIMAL PRODUCTS. The commission may adopt rules that require the certification of persons who transport or dispose of inedible animal products, including carcasses, body parts, and waste material. The commission by rule may provide terms and conditions for the issuance, renewal, and revocation of a certification under this section.

  58. Tex. Agriculture Code Sec. 161.055. SLAUGHTER PLANT COLLECTION.

  59. Tex. Agriculture Code Sec. 161.056. ANIMAL IDENTIFICATION PROGRAM.

  60. Tex. Agriculture Code Sec. 161.057. CLASSIFICATION OF AREAS.

  61. Tex. Agriculture Code Sec. 161.058. COMPENSATION OF LIVESTOCK OR FOWL OWNER.

  62. Tex. Agriculture Code Sec. 161.059. QUALITY ASSURANCE ASSISTANCE. On request of an organization representing producers of a commodity in an industry regulated by the commission, the commission may assist in the development, support, and oversight of a food safety or quality assurance program, including the provision of testing services.

  63. Tex. Agriculture Code Sec. 161.060. AUTHORITY TO SET AND COLLECT FEES.

  64. Tex. Agriculture Code Sec. 161.0601. CERTIFICATES OF VETERINARY INSPECTION.

  65. Tex. Agriculture Code Sec. 161.0602. PERSONS OR LABORATORIES PERFORMING EQUINE INFECTIOUS ANEMIA TESTS.

  66. Tex. Agriculture Code Sec. 161.0603. LABORATORY TESTING.

  67. Tex. Agriculture Code Sec. 161.061. ESTABLISHMENT.

  68. Tex. Agriculture Code Sec. 161.0615. STATEWIDE OR WIDESPREAD QUARANTINE.

  69. Tex. Agriculture Code Sec. 161.062. PUBLICATION OF NOTICE.

  70. Tex. Agriculture Code Sec. 161.063. CONTENTS OF NOTICE.

  71. Tex. Agriculture Code Sec. 161.064. EFFECT OF QUARANTINE. A quarantine that is established for any location has the effect of quarantining all livestock, domestic animals, or domestic fowl of the kind mentioned in the quarantine notice that are on or enter that location during the existence of the quarantine, regardless of who owns or controls the livestock, domestic animals, or domestic fowl.

  72. Tex. Agriculture Code Sec. 161.065. MOVEMENT FROM QUARANTINED AREA; MOVEMENT OF QUARANTINED ANIMALS.

  73. Tex. Agriculture Code Sec. 161.081. IMPORTATION OF ANIMALS.

  74. Tex. Agriculture Code Sec. 161.101. DUTY TO REPORT.

  75. Tex. Agriculture Code Sec. 161.102. SUBMISSION OF SPECIMEN OF ANTHRAX VICTIM. Immediately after pronouncing that an animal has died from anthrax, as evidenced by a clinical or postmortem examination, a veterinarian shall prepare and submit to the commission or a laboratory approved by the commission:

  76. Tex. Agriculture Code Sec. 161.103. NOTICE OF REQUIRED METHOD OF DISPOSAL. A veterinarian who knows or suspects that livestock or domestic fowl have died from anthrax or ornithosis shall inform the owner or caretaker of the animal to dispose of each carcass by fire in accordance with Section 161.004 of this code.

  77. Tex. Agriculture Code Sec. 161.111. DEFINITION. In this subchapter, "livestock market" means a stockyard, sales pavilion, or sales ring where livestock, exotic livestock, or exotic fowl are assembled or concentrated at regular or irregular intervals for sale, trade, barter, or exchange.

  78. Tex. Agriculture Code Sec. 161.112. RULES.

  79. Tex. Agriculture Code Sec. 161.113. TESTING, TREATMENT, OR VACCINATION OF LIVESTOCK.

  80. Tex. Agriculture Code Sec. 161.114. INSPECTION OF LIVESTOCK. An authorized inspector may examine livestock consigned to and delivered on the premises of a livestock market before the livestock are offered for sale. If the inspector considers it necessary, the inspector may have an animal tested or vaccinated. Any testing or vaccination must occur before the animal is removed from the livestock market.

  81. Tex. Agriculture Code Sec. 161.115. ENTRY POWER. An agent of the commission is entitled to enter any livestock market for the exercise of authority or performance of a duty under this subchapter.

  82. Tex. Agriculture Code Sec. 161.116. SALE OR DELIVERY OF DISEASED CATTLE.

  83. Tex. Agriculture Code Sec. 161.131. INJUNCTION.

  84. Tex. Agriculture Code Sec. 161.132. CIVIL SUIT AGAINST NONRESIDENT VIOLATOR.

  85. Tex. Agriculture Code Sec. 161.133. VIOLATION BY CORPORATION. If a corporation, including a railroad company or a common carrier, violates a provision of this chapter other than Section 161.048, Subchapter F, or Subchapter G, the county attorney of the county in which the offense occurs shall file and prosecute a civil suit against the corporation on behalf of the state.

  86. Tex. Agriculture Code Sec. 161.134. PROOF OF TREATMENT OR VACCINATION. In the trial of any case involving the compliance of an owner or caretaker with a provision of this chapter requiring the treatment or vaccination of livestock, a person may not attempt to prove that the action was taken by a person other than an authorized representative of the commission.

  87. Tex. Agriculture Code Sec. 161.135. IMPROPER DISPOSAL OF DISEASED CARCASS.

  88. Tex. Agriculture Code Sec. 161.136. ENTRY OF ANIMALS IN EXHIBITION WITHOUT CERTIFICATE.

  89. Tex. Agriculture Code Sec. 161.137. MOVEMENT OF ANIMALS FROM STOCKYARD OR RAILWAY SHIPPING PEN WITHOUT CERTIFICATE.

  90. Tex. Agriculture Code Sec. 161.1375. MOVEMENT OF FERAL SWINE.

  91. Tex. Agriculture Code Sec. 161.138. REFUSAL TO PERMIT ENTRANCE.

  92. Tex. Agriculture Code Sec. 161.139. REFUSAL TO PERMIT INSPECTION OF SHIPMENT.

  93. Tex. Agriculture Code Sec. 161.140. REFUSAL TO PERMIT EXAMINATION OF ANIMAL OR CARCASS.

  94. Tex. Agriculture Code Sec. 161.1405. REFUSAL TO PROVIDE ACCESS TO ANIMAL.

  95. Tex. Agriculture Code Sec. 161.141. MOVEMENT IN VIOLATION OF QUARANTINE.

  96. Tex. Agriculture Code Sec. 161.142. SALE OR MOVEMENT OF ANIMAL WITH GLANDERS.

  97. Tex. Agriculture Code Sec. 161.143. IMPORTATION OF ANIMALS.

  98. Tex. Agriculture Code Sec. 161.145. VETERINARIAN FAILURE TO REPORT DISEASED ANIMALS.

  99. Tex. Agriculture Code Sec. 161.146. COMPLIANCE WITH LIVESTOCK MARKET REGULATION.

  100. Tex. Agriculture Code Sec. 161.147. FAILURE TO MAINTAIN DEALER RECORDS.

  101. Tex. Agriculture Code Sec. 161.148. ADMINISTRATIVE PENALTY.

  102. Tex. Agriculture Code Sec. 161.149. TEST FOR EQUINE INFECTIOUS ANEMIA.

  103. Tex. Agriculture Code Sec. 161.150. FAILURE TO REGISTER FERAL SWINE HOLDING FACILITIES; HOLDING OF FERAL SWINE.

Chapter 162

  1. Tex. Agriculture Code Sec. 162.001. DEFINITIONS.

  2. Tex. Agriculture Code Sec. 162.002. COOPERATIVE PROGRAM.

  3. Tex. Agriculture Code Sec. 162.003. TESTING. The commission by rule shall prescribe the manner, method, and system of testing cattle for tuberculosis under a cooperative program.

  4. Tex. Agriculture Code Sec. 162.004. CERTIFICATE OF TEST OR VACCINATION OF CATTLE OR OTHER ANIMALS.

  5. Tex. Agriculture Code Sec. 162.005. IDENTIFICATION OF CATTLE. If cattle examined by a veterinarian show a positive reaction to the tuberculin test or show evidence of tuberculosis infection by clinical or laboratory examination, the veterinarian shall:

  6. Tex. Agriculture Code Sec. 162.006. QUARANTINE.

  7. Tex. Agriculture Code Sec. 162.009. TUBERCULOSIS MODIFIED ACCREDITED ADVANCED AND TUBERCULOSIS FREE AREAS.

  8. Tex. Agriculture Code Sec. 162.010. DUTY OF OWNER OR CARETAKER TO ASSIST; NOTICE.

  9. Tex. Agriculture Code Sec. 162.011. PENALTY FOR VETERINARIAN'S FAILURE TO FILE CERTIFICATE OR TO IDENTIFY ANIMALS.

  10. Tex. Agriculture Code Sec. 162.012. PENALTY FOR MOVEMENT OR SALE OF QUARANTINED OR DISEASED CATTLE.

  11. Tex. Agriculture Code Sec. 162.013. PENALTY FOR OWNER'S OR CARETAKER'S FAILURE TO ASSIST.

  12. Tex. Agriculture Code Sec. 162.014. REVIEW OF CURRENT TUBERCULOSIS PROGRAMS AND IMPLEMENTATION OF IMPROVED PROGRAM.

Chapter 163

  1. Tex. Agriculture Code Sec. 163.001. DEFINITIONS.

  2. Tex. Agriculture Code Sec. 163.002. COOPERATIVE PROGRAM. In order to bring about effective control of bovine brucellosis, to allow Texas cattle to move in interstate and international commerce with the fewest possible restrictions, and to accomplish those purposes in the most effective, practical, and expeditious manner, the commission may enforce this chapter and enter into cooperative agreements with the United States Department of Agriculture.

  3. Tex. Agriculture Code Sec. 163.003. FEES. The commission may establish fees in amounts necessary to cover the cost of administering this chapter when combined with funds received from other sources.

  4. Tex. Agriculture Code Sec. 163.021. CLASSIFICATION OF AREAS.

  5. Tex. Agriculture Code Sec. 163.061. RULES; REPORTS. Following notice and a hearing, the commission may adopt rules and require reports and records as necessary to carry out Subchapters A-D of this chapter, including rules, reports, and records that relate to the testing or vaccination of cattle or to the movement of cattle into and within an area.

  6. Tex. Agriculture Code Sec. 163.062. EMPLOYEES. The commission may employ personnel, including veterinarians, inspectors, stenographers, and clerks, as necessary to the enforcement of Subchapters A-D of this chapter or the performance of duties under those subchapters. The commission may assign to those employees any duty under those subchapters.

  7. Tex. Agriculture Code Sec. 163.063. ENTRY POWER.

  8. Tex. Agriculture Code Sec. 163.064. TESTING AND VACCINATION.

  9. Tex. Agriculture Code Sec. 163.065. BRANDING AND HANDLING OF DISEASED CATTLE.

  10. Tex. Agriculture Code Sec. 163.066. REGULATION OF MOVEMENT OF CATTLE; EXCEPTION.

  11. Tex. Agriculture Code Sec. 163.069. INDIVIDUAL HERD PLANS.

  12. Tex. Agriculture Code Sec. 163.070. REQUIRED ASSISTANCE. If ordered by the commission or its representative, the owner or caretaker of cattle shall submit the cattle and furnish labor and facilities used in normal operation in order that the cattle may be tested, vaccinated, or otherwise handled in accordance with the rules of the commission.

  13. Tex. Agriculture Code Sec. 163.072. BLOOD SAMPLES.

  14. Tex. Agriculture Code Sec. 163.081. REFUSAL TO VACCINATE FEMALE CALVES.

  15. Tex. Agriculture Code Sec. 163.082. REFUSAL OF OWNER TO ASSIST.

  16. Tex. Agriculture Code Sec. 163.083. REFUSAL OF ENTRY.

  17. Tex. Agriculture Code Sec. 163.084. MOVEMENT OF CATTLE IN VIOLATION OF COMMISSION RULE.

  18. Tex. Agriculture Code Sec. 163.085. FAILURE TO PROPERLY HANDLE INFECTED ANIMAL.

  19. Tex. Agriculture Code Sec. 163.086. SALE OF INFECTED CATTLE.

  20. Tex. Agriculture Code Sec. 163.087. IMPROPER SALE OR USE OF VACCINE OR ANTIGEN.

Chapter 164

  1. Tex. Agriculture Code Sec. 164.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 164.002. SCABIES INFECTION OR EXPOSURE.

  3. Tex. Agriculture Code Sec. 164.003. INSPECTORS.

  4. Tex. Agriculture Code Sec. 164.004. DUTIES OF INSPECTORS.

  5. Tex. Agriculture Code Sec. 164.005. ENTRY POWER.

  6. Tex. Agriculture Code Sec. 164.006. ACTIONS OF COMMISSION. The presiding officer of the commission may perform any act or duty of the commission under this chapter.

  7. Tex. Agriculture Code Sec. 164.021. TREATMENT REQUIRED ON ORDER OF COMMISSION.

  8. Tex. Agriculture Code Sec. 164.022. HEARING.

  9. Tex. Agriculture Code Sec. 164.023. METHOD OF TREATMENT. The commission by rule shall prescribe the methods of treatment available for the treatment of scabies under this chapter.

  10. Tex. Agriculture Code Sec. 164.028. TREATMENT AT EXPENSE OF COUNTY. If a person ordered to treat cattle or sheep under this chapter fails or refuses to treat the animals, the county commissioners court shall:

  11. Tex. Agriculture Code Sec. 164.041. ESTABLISHMENT.

  12. Tex. Agriculture Code Sec. 164.042. NOTICE. The commission shall give notice of a quarantine established under Section 164.041(b) of this code in one of the following manners:

  13. Tex. Agriculture Code Sec. 164.043. EFFECT OF QUARANTINE. If a county or area is quarantined under Section 164.041(b) of this code, all premises within the county or area and all cattle and sheep within the county or area are quarantined even though not separately designated.

  14. Tex. Agriculture Code Sec. 164.044. MOVEMENT FROM QUARANTINED PREMISES; MOVEMENT OF QUARANTINED ANIMALS.

  15. Tex. Agriculture Code Sec. 164.045. DISINFECTION OF SHEARING PLANT IN QUARANTINED AREA.

  16. Tex. Agriculture Code Sec. 164.046. DISINFECTION OF QUARANTINED PREMISES.

  17. Tex. Agriculture Code Sec. 164.062. CERTIFICATE REQUIRED.

  18. Tex. Agriculture Code Sec. 164.063. QUARANTINE OF IMPORTED SHEEP. If the certificate for a shipment of sheep shows that the sheep were treated at the point of origin in accordance with Section 164.062(a)(2), the sheep shall be quarantined at the range on which the sheep are placed in this state for a period of 180 days.

  19. Tex. Agriculture Code Sec. 164.064. DESIGNATION OF INFECTED OR FREE AREAS; TREATMENT REQUIREMENTS. The commission may adopt rules designating areas as infected or free from infection and shall establish treatment requirements for the importation of sheep into this state.

  20. Tex. Agriculture Code Sec. 164.065. EXHIBITIONS. The commission shall provide an importer of show sheep a reasonable length of time, not to exceed 60 days after the date of importation, in which to display the sheep at county fairs or livestock exhibitions. The importer shall keep the sheep separate from all sheep other than show sheep and shall treat the sheep as required by the commission before they are distributed to the range.

  21. Tex. Agriculture Code Sec. 164.082. CIVIL SUITS TO RECOVER PENALTY FOR CORPORATE OFFENSE. If the person who commits an offense under this subchapter is a corporation, the county attorney of the county in which the offense occurred shall sue that person in a court of competent jurisdiction on behalf of the state for the collection of the fine provided for the offense.

  22. Tex. Agriculture Code Sec. 164.083. FAILURE TO TREAT FOR SCABIES.

  23. Tex. Agriculture Code Sec. 164.084. MOVEMENT OF INFECTED, EXPOSED, OR QUARANTINED ANIMALS.

  24. Tex. Agriculture Code Sec. 164.085. REFUSAL TO PERMIT ENTRY OR GATHER ANIMALS FOR INSPECTION.

  25. Tex. Agriculture Code Sec. 164.086. FAILURE TO DISINFECT SHEARING PLANT.

  26. Tex. Agriculture Code Sec. 164.087. FAILURE TO PROPERLY DISINFECT QUARANTINED PREMISES.

  27. Tex. Agriculture Code Sec. 164.088. IMPORTATION OF SHEEP WITHOUT CERTIFICATE OR PERMIT.

Chapter 165

  1. Tex. Agriculture Code Sec. 165.001. DEFINITION. In this chapter, "commission" means the Texas Animal Health Commission.

  2. Tex. Agriculture Code Sec. 165.002. TREATMENT. Except as otherwise provided by law, a representative of the commission or a person authorized by the commission may vaccinate, inoculate, or treat hogs with classical swine fever virus or serum or with another remedy.

  3. Tex. Agriculture Code Sec. 165.003. SALE OR DISTRIBUTION OF UNATTENUATED CLASSICAL SWINE FEVER VIRUS.

  4. Tex. Agriculture Code Sec. 165.021. COOPERATION WITH U.S. DEPARTMENT OF AGRICULTURE. The commission may cooperate with the United States Department of Agriculture in the eradication of vesicular exanthema, foot and mouth disease of swine, classical swine fever, and other diseases of swine.

  5. Tex. Agriculture Code Sec. 165.022. METHOD OF DISEASE ERADICATION. Following notice and public hearing, the commission shall adopt rules for the enforcement of this subchapter, including rules providing for the manner, method, and system of eradicating swine diseases. The commission may by a two-thirds vote adopt rules more stringent than the rules relating to minimum standards for cooperative programs adopted by the Animal and Plant Health Inspection Service of the United States Department of Agriculture.

  6. Tex. Agriculture Code Sec. 165.023. USE OF BIOLOGICS. The commission shall adopt rules governing the use of biologics as a protection against dissemination of communicable swine diseases.

  7. Tex. Agriculture Code Sec. 165.026. FEEDING GARBAGE TO SWINE.

  8. Tex. Agriculture Code Sec. 165.027. ENTRY POWER.

  9. Tex. Agriculture Code Sec. 165.041. GENERAL PENALTY.

  10. Tex. Agriculture Code Sec. 165.042. SALE OF UNATTENUATED CLASSICAL SWINE FEVER VIRUS.

Chapter 167

  1. Tex. Agriculture Code Sec. 167.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 167.002. CARETAKER OF ANIMAL. A person is subject to this chapter as the caretaker of an animal if the person:

  3. Tex. Agriculture Code Sec. 167.003. GENERAL POWERS AND DUTIES OF COMMISSION.

  4. Tex. Agriculture Code Sec. 167.004. CLASSIFICATION OF ANIMALS OR PREMISES AS INFESTED, EXPOSED, OR FREE FROM EXPOSURE.

  5. Tex. Agriculture Code Sec. 167.005. ERADICATION, FREE, AND INACTIVE QUARANTINE AREAS.

  6. Tex. Agriculture Code Sec. 167.006. DESIGNATION OF TICK ERADICATION AREA.

  7. Tex. Agriculture Code Sec. 167.007. TICK ERADICATION IN FREE AREA.

  8. Tex. Agriculture Code Sec. 167.008. INSPECTIONS. The commission may order the owner, part owner, or caretaker of animals to gather the animals for inspection at a time and place prescribed in the order of the commission. The commission shall serve written notice of the order not later than the 12th day before the day of inspection. A person on whom an order is served is entitled to request and obtain a hearing in the manner provided by this chapter for hearings on orders to treat animals.

  9. Tex. Agriculture Code Sec. 167.021. GENERAL QUARANTINE POWER.

  10. Tex. Agriculture Code Sec. 167.022. QUARANTINE OF TICK ERADICATION AREA.

  11. Tex. Agriculture Code Sec. 167.023. QUARANTINE OF FREE AREA.

  12. Tex. Agriculture Code Sec. 167.024. MOVEMENT IN OR FROM QUARANTINED AREA.

  13. Tex. Agriculture Code Sec. 167.025. MOVEMENT IN OR FROM INACTIVE QUARANTINED AREA. A person may not move animals or permit animals to be moved from or within the inactive quarantined area except in accordance with the rules of the commission.

  14. Tex. Agriculture Code Sec. 167.026. MOVEMENT INTO THIS STATE FROM QUARANTINED AREA.

  15. Tex. Agriculture Code Sec. 167.027. PERMIT OR CERTIFICATE TO ACCOMPANY MOVEMENT.

  16. Tex. Agriculture Code Sec. 167.028. STATEMENT OF POSSESSION AND DESTINATION. On request of an inspector, the owner, part owner, or caretaker, or a person accompanying and connected with a shipment, of animals that are being moved in this state or have been moved in this state within 60 days preceding the request, shall make a written statement of:

  17. Tex. Agriculture Code Sec. 167.029. CONDITIONS, MANNER, AND METHOD OF MOVING AND HANDLING.

  18. Tex. Agriculture Code Sec. 167.030. DISINFECTION OF CONVEYANCE.

  19. Tex. Agriculture Code Sec. 167.031. USE OF SAND AS BEDDING IN CONVEYANCE. The commission may establish quarantines and restrict the use of sand as bedding in an animal conveyance except for sand from known tick-free sand pits.

  20. Tex. Agriculture Code Sec. 167.032. MOVEMENT OF COMMODITIES. The commission may establish quarantines and restrict the movement from quarantined areas of hay, hides, carcasses, or other commodities that are capable of carrying ticks.

  21. Tex. Agriculture Code Sec. 167.033. HANDLING AND REMOVAL OF REFUSE OR DEAD OR INJURED ANIMALS. The commission may establish quarantines and regulate the removal and handling of refuse matter from quarantined stockyards, quarantined stock pens, and other quarantined places and may establish quarantines and regulate the handling or removal of animals that die or are injured in transit.

  22. Tex. Agriculture Code Sec. 167.051. ANIMALS SUBJECT TO TREATMENT.

  23. Tex. Agriculture Code Sec. 167.052. ORDER TO TREAT.

  24. Tex. Agriculture Code Sec. 167.053. HEARING.

  25. Tex. Agriculture Code Sec. 167.054. EXCUSE FROM COMPLIANCE WITH ORDER. The supervising inspector of a county for good cause may excuse a person from complying with an order to treat, but shall be held responsible for excusing compliance without good cause.

  26. Tex. Agriculture Code Sec. 167.055. PERSONS RESPONSIBLE FOR TREATMENT AND ASSISTANCE.

  27. Tex. Agriculture Code Sec. 167.056. MANNER OF TREATMENT. If the commission requires animals to be treated, the animals shall be treated in the manner prescribed by the commission.

  28. Tex. Agriculture Code Sec. 167.057. TREATMENT CHEMICALS.

  29. Tex. Agriculture Code Sec. 167.059. TREATMENT FACILITIES.

  30. Tex. Agriculture Code Sec. 167.060. TREATMENT REQUIRED FOR MOVEMENT FROM QUARANTINED AREA.

  31. Tex. Agriculture Code Sec. 167.081. DESIGNATION OF FACILITY TO HANDLE CERTIFIED LIVESTOCK.

  32. Tex. Agriculture Code Sec. 167.082. NOTICE AND HEARING.

  33. Tex. Agriculture Code Sec. 167.083. MAINTENANCE OF TICK-FREE FACILITIES.

  34. Tex. Agriculture Code Sec. 167.101. INSPECTORS.

  35. Tex. Agriculture Code Sec. 167.102. ENTRY POWER.

  36. Tex. Agriculture Code Sec. 167.103. TREATMENT OF ANIMALS BY PEACE OFFICER ON REQUEST OF INSPECTOR.

  37. Tex. Agriculture Code Sec. 167.104. SEIZURE AND DISPOSAL OF ANIMALS RUNNING AT LARGE.

  38. Tex. Agriculture Code Sec. 167.105. SEIZURE AND DISPOSAL OF ANIMALS MOVED IN VIOLATION OF QUARANTINE.

  39. Tex. Agriculture Code Sec. 167.106. INJUNCTION; MANDAMUS.

  40. Tex. Agriculture Code Sec. 167.107. SALE OF ANIMALS TREATED OR SEIZED BY PEACE OFFICER.

  41. Tex. Agriculture Code Sec. 167.108. LIENS.

  42. Tex. Agriculture Code Sec. 167.109. ADMISSIBILITY OF COMMISSION INSTRUMENTS; IDENTIFICATION IN COMPLAINT.

  43. Tex. Agriculture Code Sec. 167.110. PRESUMPTION OF EXISTENCE OR SUFFICIENCY OF TREATMENT.

  44. Tex. Agriculture Code Sec. 167.111. PRESUMPTION OF OWNERSHIP OR CARE.

  45. Tex. Agriculture Code Sec. 167.112. VENUE OF CRIMINAL PROSECUTION. The owner, part owner, or caretaker of animals is subject to prosecution under this chapter in the county in which the animals and the premises are located, regardless of whether the defendant was in the county at the time of issuance and service of the order to treat, at the time of the failure to treat, or at the time of violation of the quarantine.

  46. Tex. Agriculture Code Sec. 167.113. CIVIL SUIT AGAINST CORPORATE OFFENDER. If a corporation or an agent of the corporation acting within the agent's scope of authority commits an offense under this chapter, the county attorney of the county in which the violation occurs shall institute a civil suit on behalf of the state in a court of competent jurisdiction for collection of the fine.

  47. Tex. Agriculture Code Sec. 167.131. REFUSAL OF INSPECTION.

  48. Tex. Agriculture Code Sec. 167.132. MOVEMENT OF ANIMALS IN VIOLATION OF QUARANTINE.

  49. Tex. Agriculture Code Sec. 167.133. MOVEMENT OF ANIMALS OR COMMODITIES INTO TEXAS FROM QUARANTINED AREA.

  50. Tex. Agriculture Code Sec. 167.134. MOVEMENT OF ANIMALS IN VIOLATION OF PERMIT OR CERTIFICATE.

  51. Tex. Agriculture Code Sec. 167.135. FAILURE TO POSSESS OR EXHIBIT PERMIT OR CERTIFICATE.

  52. Tex. Agriculture Code Sec. 167.136. FAILURE TO MAKE STATEMENT OF POSSESSION AND DESTINATION; MAKING FALSE STATEMENT.

  53. Tex. Agriculture Code Sec. 167.137. FAILURE TO DISINFECT CONVEYANCE.

  54. Tex. Agriculture Code Sec. 167.138. USE OF SAND AS BEDDING.

  55. Tex. Agriculture Code Sec. 167.139. MOVEMENT OF COMMODITIES FROM QUARANTINED AREA.

  56. Tex. Agriculture Code Sec. 167.140. IMPROPER HANDLING AND REMOVAL OF ANIMAL REFUSE OR DEAD OR INJURED ANIMALS.

  57. Tex. Agriculture Code Sec. 167.141. FAILURE TO TREAT ANIMALS.

  58. Tex. Agriculture Code Sec. 167.142. DESTRUCTION OF PUBLIC TREATMENT FACILITIES.

  59. Tex. Agriculture Code Sec. 167.143. FAILURE TO PROVIDE TICK-FREE STOCKYARD FACILITIES.

  60. Tex. Agriculture Code Sec. 167.144. REFUSAL TO PERMIT SEARCH.

Chapter 168

  1. Tex. Agriculture Code Sec. 168.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 168.002. CONTROL AND ERADICATION PROGRAM. The laboratory shall promulgate and administer a program to control and eradicate pullorum disease and fowl typhoid, with standards at least as stringent as those specified in the National Poultry Improvement Plan (7 U.S.C. Section 429).

  3. Tex. Agriculture Code Sec. 168.003. ADMINISTRATION OF PROGRAM; SEARCH WARRANT.

  4. Tex. Agriculture Code Sec. 168.004. QUARANTINE AND DISPOSAL.

  5. Tex. Agriculture Code Sec. 168.005. PUBLIC EXHIBITION. A person may not enter poultry in public exhibition unless the stock originates from a flock or hatchery free of pullorum disease and fowl typhoid or has a negative pullorum-typhoid test after the 90th day before the day of the exhibition. Chickens or turkeys entered in public exhibition must be accompanied by a certificate of purchase from the hatchery.

  6. Tex. Agriculture Code Sec. 168.006. ASSISTANCE BY FLOCK OWNER. The owner of a flock shall assist the laboratory and the commission in handling the poultry and shall pen and present the flock on request.

  7. Tex. Agriculture Code Sec. 168.007. NO FEE CHARGED. Neither the laboratory nor the commission may charge a fee for testing or laboratory examination provided for under this chapter.

  8. Tex. Agriculture Code Sec. 168.008. PENALTY.

Chapter 181

  1. Tex. Agriculture Code Sec. 181.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 181.0015. APPLICABILITY OF CHAPTER. When a dairy farmer sells or markets milk through a cooperative association of which the dairy farmer is a member, the cooperative association is considered a dairy farmer for purposes of this chapter.

  3. Tex. Agriculture Code Sec. 181.002. PAYMENTS HELD IN TRUST.

  4. Tex. Agriculture Code Sec. 181.003. TIME AND METHOD OF PAYMENT FOR PURCHASE.

  5. Tex. Agriculture Code Sec. 181.004. COOPERATIVE TRANSACTIONS. This chapter does not apply to transactions between a cooperative association, while acting as a marketing agent, and its members.

  6. Tex. Agriculture Code Sec. 181.005. DAMAGES. A milk processor who fails to pay for raw milk as provided by this chapter is liable to the dairy farmer for:

Chapter 188

  1. Tex. Agriculture Code Sec. 188.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 188.002. PROCEEDS.

  3. Tex. Agriculture Code Sec. 188.006. NOTICE BEFORE PURCHASE; REQUIRED NOTICE BEFORE CLAIMING LIEN.

  4. Tex. Agriculture Code Sec. 188.007. ATTACHMENT OF LIEN.

  5. Tex. Agriculture Code Sec. 188.008. AMOUNT OF LIEN. The amount of a lien under this chapter is equal to the sum of:

  6. Tex. Agriculture Code Sec. 188.009. PERSON ENTITLED TO FILE; EXCEPTION.

  7. Tex. Agriculture Code Sec. 188.010. PERFECTION OF LIEN. A lien created under this chapter is perfected on the filing of a notice of claim of lien with the secretary of state as provided by this chapter.

  8. Tex. Agriculture Code Sec. 188.011. DURATION OF NOTICE OF CLAIM OF LIEN.

  9. Tex. Agriculture Code Sec. 188.012. PROCEDURES FOR SETTLEMENT OF DISPUTES.

  10. Tex. Agriculture Code Sec. 188.013. CONTENTS OF NOTICE OF CLAIM OF LIEN. The notice of claim of lien must include:

  11. Tex. Agriculture Code Sec. 188.014. SIGNATURE. The notice of claim of lien shall be signed by the lien claimant or by a person authorized to sign documents of a similar kind on behalf of the claimant.

  12. Tex. Agriculture Code Sec. 188.015. FORM.

  13. Tex. Agriculture Code Sec. 188.016. FILING AND MARKING IN OFFICE OF SECRETARY OF STATE; FEE.

  14. Tex. Agriculture Code Sec. 188.017. TIME OF WRITTEN NOTICE. The lien claimant shall provide written notice of the claim of lien to the lien debtor not later than the 10th day after the date the notice of claim of lien is filed with the office of the secretary of state.

  15. Tex. Agriculture Code Sec. 188.018. RECOGNITION OF NOTICE AS FINANCING STATEMENT. The secretary of state shall recognize a notice of claim of lien under this subchapter as a financing statement under Subchapter E, Chapter 9, Business & Commerce Code.

  16. Tex. Agriculture Code Sec. 188.026. TIME OF FILING.

  17. Tex. Agriculture Code Sec. 188.031. ISSUANCE OF CERTIFICATE TO MEMBER OF PUBLIC; FEE.

  18. Tex. Agriculture Code Sec. 188.032. COPIES OF NOTICES OF CLAIM OF LIEN AND OTHER NOTICES; FEE.

  19. Tex. Agriculture Code Sec. 188.036. WRITTEN NOTICE TO SECURED CREDITORS BY LIEN CLAIMANT.

  20. Tex. Agriculture Code Sec. 188.037. FORECLOSURE IN ACTION TO RECOVER REASONABLE OR AGREED CHARGES. The lien claimant may foreclose on a lien under this chapter only in an action to recover the reasonable or agreed charges.

  21. Tex. Agriculture Code Sec. 188.038. TERMINATION STATEMENT.

  22. Tex. Agriculture Code Sec. 188.039. RIGHT OF ASSIGNMENT OR TRANSFER; FILING OF STATEMENT.

  23. Tex. Agriculture Code Sec. 188.046. RULES. The secretary of state may adopt rules necessary to carry out the secretary's duties under this chapter, including prescribing necessary forms.

  24. Tex. Agriculture Code Sec. 188.047. MAXIMUM NUMBER OF LIENS. Not more than four liens may be enforced under this chapter against the same proceeds of a lien debtor even if the liens are filed by different lien claimants.

  25. Tex. Agriculture Code Sec. 188.048. APPLICABILITY OF OTHER LAW. Chapter 9, Business & Commerce Code, applies to a lien created under this chapter to the extent Chapter 9 is consistent with this chapter.

Chapter 201

  1. Tex. Agriculture Code Sec. 201.001. FINDINGS, PURPOSE, AND POLICY.

  2. Tex. Agriculture Code Sec. 201.002. DEFINITIONS. In this chapter:

  3. Tex. Agriculture Code Sec. 201.003. ELIGIBLE VOTER.

  4. Tex. Agriculture Code Sec. 201.004. NOTICE; ELECTION INFORMALITIES.

  5. Tex. Agriculture Code Sec. 201.005. WATER CODE NOT APPLICABLE. Section 12.081, Water Code, does not apply to a conservation district created under this chapter.

  6. Tex. Agriculture Code Sec. 201.006. CONFIDENTIALITY OF CERTAIN INFORMATION.

  7. Tex. Agriculture Code Sec. 201.007. CONFIDENTIALITY OF PARTICIPANTS IN INVASIVE SPECIES ERADICATION PROGRAMS.

  8. Tex. Agriculture Code Sec. 201.011. COMPOSITION. The State Soil and Water Conservation Board is a state agency composed of seven members as follows:

  9. Tex. Agriculture Code Sec. 201.0111. APPOINTMENTS. Appointments to the state board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.

  10. Tex. Agriculture Code Sec. 201.012. STATE DISTRICTS.

  11. Tex. Agriculture Code Sec. 201.013. STATE DISTRICT CONVENTIONS.

  12. Tex. Agriculture Code Sec. 201.014. ELECTION.

  13. Tex. Agriculture Code Sec. 201.0141. INELIGIBILITY TO SERVE ON BOARD; INELIGIBILITY FOR CERTAIN POSITIONS.

  14. Tex. Agriculture Code Sec. 201.0142. TRAINING PROGRAM FOR MEMBERS OF STATE BOARD.

  15. Tex. Agriculture Code Sec. 201.015. TERM.

  16. Tex. Agriculture Code Sec. 201.0151. REMOVAL FROM BOARD.

  17. Tex. Agriculture Code Sec. 201.016. VACANCY. Vacancies in the state district positions on the state board are filled by election in the manner provided by this subchapter for an unexpired term or for a full term.

  18. Tex. Agriculture Code Sec. 201.017. OATH; COMPENSATION.

  19. Tex. Agriculture Code Sec. 201.018. MAJORITY VOTE REQUIREMENT. The concurrence of a majority of the members of the state board is required for the determination of any matter within the board's duties.

  20. Tex. Agriculture Code Sec. 201.019. OFFICERS AND EMPLOYEES.

  21. Tex. Agriculture Code Sec. 201.0191. EQUAL OPPORTUNITY EMPLOYMENT.

  22. Tex. Agriculture Code Sec. 201.020. RECORDS; HEARINGS; RULES.

  23. Tex. Agriculture Code Sec. 201.021. OFFICE. The board may select the location of its office.

  24. Tex. Agriculture Code Sec. 201.022. GENERAL POWERS AND DUTIES.

  25. Tex. Agriculture Code Sec. 201.0225. RIO GRANDE VEGETATIVE MANAGEMENT PROGRAM. The state board shall develop and implement the Rio Grande vegetative management program to manage Carrizo cane and other noxious vegetation that impedes border security along the Rio Grande River.

  26. Tex. Agriculture Code Sec. 201.0226. DAM STRUCTURAL REPAIR GRANT PROGRAM.

  27. Tex. Agriculture Code Sec. 201.0227. TEN-YEAR DAM REPAIR AND MAINTENANCE PLAN; REPORTS.

  28. Tex. Agriculture Code Sec. 201.023. FUNDS MANAGEMENT.

  29. Tex. Agriculture Code Sec. 201.0231. COMPLAINTS.

  30. Tex. Agriculture Code Sec. 201.024. CONTRACTS FOR WATERSHED PROTECTION AND FLOOD CONTROL PLANS. The state board may contract with one or more state or federal agencies or with one or more private firms for the development of plans necessary for securing detailed information and developing work plans for the location, design, installation, and construction of structures and other improvements for the reduction and prevention of floods in state-approved watershed protection and flood prevention projects of 250,000 acres or less.

  31. Tex. Agriculture Code Sec. 201.025. SUNSET PROVISION. The State Soil and Water Conservation Board is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the state board is abolished September 1, 2035.

  32. Tex. Agriculture Code Sec. 201.026. NONPOINT SOURCE POLLUTION.

  33. Tex. Agriculture Code Sec. 201.027. ENFORCEMENT REFERRAL RECORDS.

  34. Tex. Agriculture Code Sec. 201.028. ANNUAL REPORT. Not later than January 1 of each year, the state board shall prepare and deliver to the governor, the lieutenant governor, and the speaker of the house of representatives a report relating to the status of the budget areas of responsibility assigned to the board, including outreach programs, grants made and received, federal funding applied for and received, special projects, and oversight of water conservation district activities.

  35. Tex. Agriculture Code Sec. 201.029. GRANT PROGRAM ADMINISTRATION.

  36. Tex. Agriculture Code Sec. 201.030. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION.

  37. Tex. Agriculture Code Sec. 201.041. PETITION.

  38. Tex. Agriculture Code Sec. 201.042. HEARING.

  39. Tex. Agriculture Code Sec. 201.043. ELECTION.

  40. Tex. Agriculture Code Sec. 201.044. STATE BOARD DETERMINATION OF ADMINISTRATIVE PRACTICABILITY AND FEASIBILITY.

  41. Tex. Agriculture Code Sec. 201.045. SUBSEQUENT PETITIONS. If the state board denies a petition under this subchapter, a subsequent petition covering the same or substantially the same territory may not be filed with the board until six months have expired following the date of denial.

  42. Tex. Agriculture Code Sec. 201.046. ESTABLISHMENT OF DISTRICT SUBDIVISIONS; APPOINTMENT OF INITIAL DIRECTORS. After determining that the operation of the conservation district is administratively practicable and feasible, the state board shall divide the conservation district into five numbered subdivisions that are as nearly equal in area as practicable. The board shall appoint one director each from the subdivisions numbered two and four. Those directors shall perform the duties required by this subchapter and shall serve on the initial governing board of the conservation district until the regular election for those subdivisions.

  43. Tex. Agriculture Code Sec. 201.047. APPLICATION FOR CERTIFICATE OF ORGANIZATION.

  44. Tex. Agriculture Code Sec. 201.048. ISSUANCE OF CERTIFICATE.

  45. Tex. Agriculture Code Sec. 201.049. EFFECT OF CERTIFICATE; ADMISSIBILITY. In a suit, action, or proceeding involving the validity or enforcement of, or relating to, a contract, proceeding, or action of a conservation district, the conservation district is considered to have been established in accordance with this chapter on proof of the issuance of a certificate of organization by the secretary of state. A copy of the certificate certified by the secretary of state is admissible in evidence in the suit, action, or proceeding and is proof of the filing of the certificate and the contents of the certificate.

  46. Tex. Agriculture Code Sec. 201.050. CHANGE IN CONSERVATION DISTRICT OR SUBDIVISION BOUNDARIES.

  47. Tex. Agriculture Code Sec. 201.051. DISSOLUTION OF CONSERVATION DISTRICT.

  48. Tex. Agriculture Code Sec. 201.0511. EFFECT OF DISSOLUTION.

  49. Tex. Agriculture Code Sec. 201.071. COMPOSITION OF BOARD OF DIRECTORS.

  50. Tex. Agriculture Code Sec. 201.072. QUALIFICATIONS OF DIRECTORS. In order to serve as a director, a person must be an eligible voter who owns land within the numbered subdivision from which the person is appointed or elected and must be actively engaged in the business of farming or animal husbandry.

  51. Tex. Agriculture Code Sec. 201.073. ELECTION OF DIRECTORS.

  52. Tex. Agriculture Code Sec. 201.074. ELECTION OF INITIAL DIRECTORS.

  53. Tex. Agriculture Code Sec. 201.075. TERMS OF DIRECTORS.

  54. Tex. Agriculture Code Sec. 201.076. VACANCY; REMOVAL.

  55. Tex. Agriculture Code Sec. 201.077. COMPENSATION AND MILEAGE ALLOWANCE.

  56. Tex. Agriculture Code Sec. 201.078. MAJORITY VOTE REQUIREMENT. The concurrence of a majority of the directors is required for the determination of any matter within their duties.

  57. Tex. Agriculture Code Sec. 201.079. OFFICERS AND EMPLOYEES; SURETY BONDS.

  58. Tex. Agriculture Code Sec. 201.080. RECORDS, REPORTS, ACCOUNTS, AND AUDITS.

  59. Tex. Agriculture Code Sec. 201.081. ANNUAL MEETING OF DIRECTORS.

  60. Tex. Agriculture Code Sec. 201.101. CORPORATE POWERS.

  61. Tex. Agriculture Code Sec. 201.102. PREVENTIVE AND CONTROL MEASURES. A conservation district may carry out preventive and control measures within its boundaries, including engineering operations, methods of cultivation, growing of vegetation, changes in the use of land, and measures listed in Section 201.001(c) of this code. The conservation district may carry out the measures on any land that is owned by the state or a state agency with the cooperation of the agency administering and having jurisdiction of the land. If the land is owned by another person, the conservation district may carry out the measures on obtaining the consent of the owner or occupier or the necessary rights or interests in the land.

  62. Tex. Agriculture Code Sec. 201.103. COOPERATION AND AGREEMENTS WITH OTHER ENTITIES.

  63. Tex. Agriculture Code Sec. 201.104. ACQUISITION, ADMINISTRATION, AND SALE OF REAL OR PERSONAL PROPERTY. A conservation district may obtain options on or acquire in any manner, including purchase, exchange, lease, gift, grant, bequest, or devise, any real or personal property or rights or interests in real or personal property. In addition, the conservation district may:

  64. Tex. Agriculture Code Sec. 201.105. ACQUISITION, ADMINISTRATION, AND SALE OF MATERIALS AND EQUIPMENT.

  65. Tex. Agriculture Code Sec. 201.106. CONSTRUCTION AND MAINTENANCE OF STRUCTURES. A conservation district may construct, improve, and maintain any structure necessary or convenient for the performance of an operation authorized by this chapter.

  66. Tex. Agriculture Code Sec. 201.107. CONSERVATION PLANS AND INFORMATION.

  67. Tex. Agriculture Code Sec. 201.108. ASSUMPTION OF GOVERNMENT PROJECTS; ACCEPTANCE OF GOVERNMENT GRANTS.

  68. Tex. Agriculture Code Sec. 201.121. REGULATORY POWERS; PETITION FOR ADOPTION.

  69. Tex. Agriculture Code Sec. 201.122. HEARING. The directors of a conservation district may conduct public hearings and public meetings on proposed land-use regulations as necessary to assist the directors in the adoption of an ordinance.

  70. Tex. Agriculture Code Sec. 201.123. ELECTION.

  71. Tex. Agriculture Code Sec. 201.124. EFFECT OF ORDINANCE. An ordinance adopted under this subchapter has the force and effect of law in the conservation district and is binding on all owners or occupiers of land in the conservation district.

  72. Tex. Agriculture Code Sec. 201.125. DISTRIBUTION OF COPIES OF ORDINANCE. The directors shall print copies of each ordinance prescribing land-use regulations and make those copies available to owners and occupiers of land in the conservation district.

  73. Tex. Agriculture Code Sec. 201.126. AMENDMENT OR REPEAL OF ORDINANCE.

  74. Tex. Agriculture Code Sec. 201.127. FREQUENCY OF ELECTIONS. An election on the adoption, amendment, supplementation, or repeal of land-use regulations may not be held more often than once every six months.

  75. Tex. Agriculture Code Sec. 201.128. ENFORCEMENT.

  76. Tex. Agriculture Code Sec. 201.129. BOARD OF ADJUSTMENT.

  77. Tex. Agriculture Code Sec. 201.130. PROCEDURES OF BOARD OF ADJUSTMENT.

  78. Tex. Agriculture Code Sec. 201.131. PETITION FOR VARIANCE.

  79. Tex. Agriculture Code Sec. 201.132. HEARING ON VARIANCE PETITION.

  80. Tex. Agriculture Code Sec. 201.133. GRANTING OF VARIANCE.

  81. Tex. Agriculture Code Sec. 201.151. USE OF COUNTY MACHINERY AND EQUIPMENT.

  82. Tex. Agriculture Code Sec. 201.152. CONTRACTS FOR FLOOD CONTROL AND DRAINAGE.

  83. Tex. Agriculture Code Sec. 201.201. CREATION OF PROGRAM. A technical assistance program for soil and water conservation land improvement measures is created and shall be administered by the State Soil and Water Conservation Board.

  84. Tex. Agriculture Code Sec. 201.202. USE OF FUNDS.

  85. Tex. Agriculture Code Sec. 201.203. DESIGNATION OF LOCAL DISTRICTS.

  86. Tex. Agriculture Code Sec. 201.204. RULES. The State Soil and Water Conservation Board may adopt necessary rules to carry out this subchapter.

  87. Tex. Agriculture Code Sec. 201.301. CREATION OF PROGRAM. The state board shall administer a cost-share assistance program for soil and water conservation land improvement measures.

  88. Tex. Agriculture Code Sec. 201.302. USE OF FUNDS.

  89. Tex. Agriculture Code Sec. 201.303. ALLOCATION OF FUNDS.

  90. Tex. Agriculture Code Sec. 201.304. ELIGIBILITY FOR COST-SHARE ASSISTANCE. As a condition for assistance under this subchapter, the state board may require that a person:

  91. Tex. Agriculture Code Sec. 201.305. ELIGIBLE SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES.

  92. Tex. Agriculture Code Sec. 201.306. APPLICATION FOR COST-SHARE ASSISTANCE. An application for cost-share assistance may be made on forms provided by the state board or by other means approved by the state board.

  93. Tex. Agriculture Code Sec. 201.307. APPROVAL OF APPLICATION.

  94. Tex. Agriculture Code Sec. 201.308. COST-SHARE RATES.

  95. Tex. Agriculture Code Sec. 201.309. STANDARDS AND SPECIFICATIONS. The state board shall establish standards and specifications for soil and water conservation land improvement measures eligible for cost-share assistance.

  96. Tex. Agriculture Code Sec. 201.310. COST-SHARE PAYMENTS.

  97. Tex. Agriculture Code Sec. 201.311. DESIGNATION OF LOCAL DISTRICTS. The state board may designate one or more conservation districts to administer this subchapter locally.

  98. Tex. Agriculture Code Sec. 201.351. DEFINITIONS. In this subchapter:

  99. Tex. Agriculture Code Sec. 201.352. CREATION OF PROGRAM. The state board may develop and administer the program to maximize public benefits by facilitating priority conservation measures and other soil and water conservation land improvement measures by landowners and operators in this state.

  100. Tex. Agriculture Code Sec. 201.353. PROGRAM FUNCTIONS.

  101. Tex. Agriculture Code Sec. 201.354. PROGRAM COST-SHARE RATES. The state board may establish cost-share rates for eligible soil and water conservation land improvement measures under the program.

  102. Tex. Agriculture Code Sec. 201.355. PRIORITY CONSERVATION MEASURES.

  103. Tex. Agriculture Code Sec. 201.356. CERTIFICATION. The state board may provide certification that specific soil and water conservation land improvement measures have been implemented in accordance with any standards and specifications established under Section 201.355(b).

  104. Tex. Agriculture Code Sec. 201.357. REPORT. The state board shall include information regarding the program's activities in the annual report required by Section 201.028.

Chapter 203

  1. Tex. Agriculture Code Sec. 203.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 203.002. PURPOSE OF PROGRAM. The water supply enhancement program shall be implemented, administered, operated, and financed as provided by this chapter. The purpose of the water supply enhancement program is to increase available surface water and groundwater through:

  3. Tex. Agriculture Code Sec. 203.011. AUTHORITY OF BOARD. The board has jurisdiction over and, with the assistance of local districts, shall administer the water supply enhancement program under this chapter. This chapter does not limit the board's authority to control, remove, or reduce brush under any program the board administers under Chapter 201.

  4. Tex. Agriculture Code Sec. 203.012. RULES. The board, after consulting with local districts, shall adopt reasonable rules that are necessary to carry out this chapter.

  5. Tex. Agriculture Code Sec. 203.013. AUTHORITY OF DISTRICTS. Each district may carry out the responsibilities provided by Subchapter D as delegated by the board.

  6. Tex. Agriculture Code Sec. 203.014. PERSONNEL. The board may employ or contract with any person necessary to assist the board or a district to carry out this chapter.

  7. Tex. Agriculture Code Sec. 203.015. EXPENDITURES. In addition to any other expenditures authorized by this subchapter, the board may make expenditures provided by the General Appropriations Act.

  8. Tex. Agriculture Code Sec. 203.016. CONSULTATION. The State Soil and Water Conservation Board shall consult with:

  9. Tex. Agriculture Code Sec. 203.051. STATE PLAN.

  10. Tex. Agriculture Code Sec. 203.052. NOTICE AND HEARING.

  11. Tex. Agriculture Code Sec. 203.053. CRITERIA FOR ACCEPTING AND PRIORITIZING WATER SUPPLY ENHANCEMENT PROJECTS.

  12. Tex. Agriculture Code Sec. 203.054. AMENDING PLAN. At least every two years the board shall review and may amend the plan to take into consideration changed conditions. Amendments to the plan shall be made in the manner provided by this chapter for adopting the original plan.

  13. Tex. Agriculture Code Sec. 203.055. APPROVED METHODS FOR BRUSH CONTROL.

  14. Tex. Agriculture Code Sec. 203.056. REPORT.

  15. Tex. Agriculture Code Sec. 203.057. FEASIBILITY STUDIES.

  16. Tex. Agriculture Code Sec. 203.101. GENERAL AUTHORITY. Each district may administer the aspects of the water supply enhancement program within the jurisdiction of that district.

  17. Tex. Agriculture Code Sec. 203.102. PROVIDE INFORMATION RELATING TO PROGRAM. The board shall prepare and distribute information to each district relating generally to the water supply enhancement program and concerning the procedures for preparing, filing, and obtaining approval of an application for cost sharing under Subchapter E.

  18. Tex. Agriculture Code Sec. 203.103. ACCEPTANCE AND COMMENT ON APPLICATION.

  19. Tex. Agriculture Code Sec. 203.104. SUPERVISION OF COST-SHARING CONTRACTS.

  20. Tex. Agriculture Code Sec. 203.151. CREATION OF COST-SHARING PROGRAM. As part of the water supply enhancement program, a cost-sharing program is created to be administered under this chapter and rules adopted by the board.

  21. Tex. Agriculture Code Sec. 203.154. LIMIT ON COST-SHARING PARTICIPATION.

  22. Tex. Agriculture Code Sec. 203.156. APPLICATION FOR COST SHARING. A person, including a political subdivision of this state, that desires to participate with the state in the water supply enhancement program and to obtain cost-sharing participation by the state shall file an application for a cost-sharing contract with the district board in the district in which the land on which the contract is to be performed is located. The application must be in the form provided by board rules.

  23. Tex. Agriculture Code Sec. 203.157. CONSIDERATIONS IN PASSING ON APPLICATION. In passing on an application for cost sharing, the board shall consider:

  24. Tex. Agriculture Code Sec. 203.158. APPROVAL OF APPLICATION. The board may approve an application for cost sharing if, after considering the factors listed in Section 203.157 and any other relevant factors, the board finds:

  25. Tex. Agriculture Code Sec. 203.160. CONTRACT FOR COST SHARING.

  26. Tex. Agriculture Code Sec. 203.161. ADMINISTRATION OF EXPENDITURES. The district board may administer expenditure of the state's share of the money required by a cost-sharing contract and shall report periodically to the board on the expenditure of those funds in the manner required by the board.

  27. Tex. Agriculture Code Sec. 203.162. WATER SUPPLY ENHANCEMENT PLANS.

Chapter 251

  1. Tex. Agriculture Code Sec. 251.001. POLICY. Food security being essential, it is the policy of this state to conserve, protect, and encourage the development and improvement of its agricultural land for the production of food and other agricultural products. It is the purpose of this chapter to reduce the loss to the state of its agricultural resources by limiting the circumstances under which agricultural operations may be legally threatened, subject to suit, regulated, or otherwise declared to be a nuisance.

  2. Tex. Agriculture Code Sec. 251.002. DEFINITIONS. In this chapter:

  3. Tex. Agriculture Code Sec. 251.003. ESTABLISHED DATE OF OPERATION. For purposes of this chapter, the established date of operation is the date on which an agricultural operation commenced agricultural operations.

  4. Tex. Agriculture Code Sec. 251.004. NUISANCE OR OTHER ACTIONS.

  5. Tex. Agriculture Code Sec. 251.005. EFFECT OF GOVERNMENTAL REQUIREMENTS.

  6. Tex. Agriculture Code Sec. 251.0055. LIMITATIONS ON CITY GOVERNMENTAL REQUIREMENTS APPLICABLE WITHIN CORPORATE BOUNDARIES.

  7. Tex. Agriculture Code Sec. 251.006. AGRICULTURAL IMPROVEMENTS.

  8. Tex. Agriculture Code Sec. 251.007. GENERALLY ACCEPTED AGRICULTURAL PRACTICES. The Texas A&M AgriLife Extension Service shall develop a manual that identifies generally accepted agricultural practices and indicates which of those practices do not pose a threat to public health, including a threat to public health posed by a danger listed in Section 251.0055(a)(1).

  9. Tex. Agriculture Code Sec. 251.008. CONFLICT WITH OTHER LAW. If there is a conflict between this chapter and other law, this chapter prevails.

  10. Tex. Agriculture Code Sec. 251.009. RIGHT OF ACTION.

Chapter 252

  1. Tex. Agriculture Code Sec. 252.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 252.002. CRIMINAL OFFENSE.

  3. Tex. Agriculture Code Sec. 252.003. MANDATORY RESTITUTION.

  4. Tex. Agriculture Code Sec. 252.004. INJUNCTIVE RELIEF.

Chapter 301

  1. Tex. Agriculture Code Sec. 301.001. DEFINITIONS. In this chapter:

  2. Tex. Agriculture Code Sec. 301.051. RULES. The Texas Department of Licensing and Regulation may adopt rules necessary to:

  3. Tex. Agriculture Code Sec. 301.052. STUDIES; INVESTIGATIONS; HEARINGS. The Texas Department of Licensing and Regulation may make any studies or investigations, obtain any information, and hold any hearings necessary or proper to administer or enforce this chapter or any rules or orders issued under this chapter.

  4. Tex. Agriculture Code Sec. 301.053. ADVISORY BOARDS. The Texas Department of Licensing and Regulation may establish advisory boards to advise the Texas Department of Licensing and Regulation and to make recommendations to the Texas Department of Licensing and Regulation concerning legislation, policies, administration, research, and other matters related to the duties, powers, or functions of the Texas Department of Licensing and Regulation under this chapter.

  5. Tex. Agriculture Code Sec. 301.054. PERSONNEL. The executive director may, as provided by the General Appropriations Act, appoint and fix the compensation of any personnel, including specialists and consultants, necessary to perform duties and functions under this chapter.

  6. Tex. Agriculture Code Sec. 301.055. MATERIALS AND EQUIPMENT. The Texas Department of Licensing and Regulation may acquire in the manner provided by law any materials, equipment, and facilities necessary to the performance of its duties and functions under this chapter.

  7. Tex. Agriculture Code Sec. 301.056. INTERSTATE COMPACTS. The executive director may represent the state in matters pertaining to plans, procedures, or negotiations for interstate compacts relating to weather modification and control.

  8. Tex. Agriculture Code Sec. 301.057. CONTRACTS AND COOPERATIVE AGREEMENTS.

  9. Tex. Agriculture Code Sec. 301.058. PROMOTION OF RESEARCH AND DEVELOPMENT.

  10. Tex. Agriculture Code Sec. 301.059. GRANTS AND GIFTS. Subject to any limitations imposed by law, the Texas Department of Licensing and Regulation may accept federal grants, private gifts, and donations from any other source. Unless the use of the money is restricted or subject to any limitations provided by law, the Texas Department of Licensing and Regulation may spend the money for the administration of this chapter.

  11. Tex. Agriculture Code Sec. 301.060. DISPOSITION OF LICENSE AND PERMIT FEES. The Texas Department of Licensing and Regulation shall deposit all license and permit fees in the state treasury.

  12. Tex. Agriculture Code Sec. 301.101. LICENSE AND PERMIT REQUIRED. Except as provided by rule of the Texas Department of Licensing and Regulation under Section 301.102, a person may not engage in activities for weather modification and control:

  13. Tex. Agriculture Code Sec. 301.102. EXEMPTIONS.

  14. Tex. Agriculture Code Sec. 301.103. ISSUANCE OF LICENSE.

  15. Tex. Agriculture Code Sec. 301.105. EXPIRATION DATE. Each original or renewal license expires at the end of the state fiscal year for which it was issued.

  16. Tex. Agriculture Code Sec. 301.106. RENEWAL LICENSE. At the expiration of the license period, the Texas Department of Licensing and Regulation shall issue a renewal license to each applicant who pays the license fee and who has the qualifications necessary for issuance of an original license.

  17. Tex. Agriculture Code Sec. 301.107. ISSUANCE OF PERMIT.

  18. Tex. Agriculture Code Sec. 301.109. SCOPE OF PERMIT. A separate permit is required for each operation. If an operation is to be conducted under contract, a permit is required for each separate contract. The Texas Department of Licensing and Regulation may not issue a permit for a contracted operation unless it covers a continuous period not to exceed four years.

  19. Tex. Agriculture Code Sec. 301.110. APPLICATION AND NOTICE OF INTENTION. Before undertaking any operation, a license holder must file an application for a permit and have a notice of intention published as required by this chapter.

  20. Tex. Agriculture Code Sec. 301.111. CONTENT OF NOTICE. In the notice of intention, the applicant must include:

  21. Tex. Agriculture Code Sec. 301.112. PUBLICATION OF NOTICE. The notice of intention required under Section 301.110 must be published at least once a week for three consecutive weeks in a newspaper of general circulation in each county in which the operation is to be conducted.

  22. Tex. Agriculture Code Sec. 301.113. PROOF OF PUBLICATION; AFFIDAVIT. The applicant shall file proof of the publication, together with the publishers' affidavits, with the Texas Department of Licensing and Regulation during the 15-day period immediately after the date of the last publication.

  23. Tex. Agriculture Code Sec. 301.114. PROOF OF FINANCIAL RESPONSIBILITY. Proof of financial responsibility is made by showing to the satisfaction of the Texas Department of Licensing and Regulation that the license holder has the ability to respond in damages for liability that might reasonably result from the operation for which the permit is sought.

  24. Tex. Agriculture Code Sec. 301.115. MODIFICATION OF PERMIT. The Texas Department of Licensing and Regulation may modify the terms and conditions of a permit if:

  25. Tex. Agriculture Code Sec. 301.116. SCOPE OF ACTIVITY. Once a permit is issued, the license holder shall confine the license holder's activities substantially within the limits of time and area specified in the notice of intention, except to the extent that the limits are modified by the Texas Department of Licensing and Regulation. The license holder shall comply with any terms and conditions of the permit as originally issued or as subsequently modified by the Texas Department of Licensing and Regulation.

  26. Tex. Agriculture Code Sec. 301.117. RECORDS AND REPORTS.

  27. Tex. Agriculture Code Sec. 301.151. DEFINITIONS.

  28. Tex. Agriculture Code Sec. 301.152. OPERATIONAL AREA.

  29. Tex. Agriculture Code Sec. 301.153. DATE OF PERMIT ISSUANCE; PERMIT AREA. A permit may not be issued by the Texas Department of Licensing and Regulation before the end of the 30-day period immediately following the first publication of notice and then only in:

  30. Tex. Agriculture Code Sec. 301.154. ELIGIBLE VOTERS.

  31. Tex. Agriculture Code Sec. 301.155. APPLICATION FOR PETITION SEEKING ELECTION.

  32. Tex. Agriculture Code Sec. 301.156. ELECTION ON PETITION.

  33. Tex. Agriculture Code Sec. 301.157. PETITION REQUIREMENTS.

  34. Tex. Agriculture Code Sec. 301.158. CERTIFICATION OF PETITION.

  35. Tex. Agriculture Code Sec. 301.159. DEPOSIT REQUIRED.

  36. Tex. Agriculture Code Sec. 301.160. FORM OF BALLOT. The ballots for an election under this subchapter must be printed to provide for voting for or against the proposition:

  37. Tex. Agriculture Code Sec. 301.161. ELECTION ORDER.

  38. Tex. Agriculture Code Sec. 301.162. RESULTS OF ELECTION.

  39. Tex. Agriculture Code Sec. 301.163. ISSUANCE OR DENIAL OF PERMIT FOLLOWING ELECTION.

  40. Tex. Agriculture Code Sec. 301.164. PERMIT FOR HAIL SUPPRESSION PROHIBITED OUTSIDE TARGET AREA OR IN AREA EXCLUDED BY ELECTION.

  41. Tex. Agriculture Code Sec. 301.165. MONITOR OF PROGRAM. The Texas Department of Licensing and Regulation may monitor any program under conditions the Texas Department of Licensing and Regulation determines advisable.

  42. Tex. Agriculture Code Sec. 301.166. PETITION IN ADJACENT COUNTY.

  43. Tex. Agriculture Code Sec. 301.167. INCLUSION OF CERTAIN COUNTIES AND PARTS OF COUNTIES.

  44. Tex. Agriculture Code Sec. 301.201. PENALTIES. A person who violates this chapter is subject to Subchapters F and G, Chapter 51, Occupations Code, in the same manner as a person regulated by the Texas Department of Licensing and Regulation under other law is subject to those subchapters.

  45. Tex. Agriculture Code Sec. 301.202. ACT OF GOD. If a person can establish that an event that would otherwise be a violation of this chapter or a rule adopted or order or permit issued under this chapter was caused solely by an act of God, war, strike, riot, or other catastrophe, the event is not a violation of this chapter or a rule, order, or permit issued under this chapter.

  46. Tex. Agriculture Code Sec. 301.203. DEFENSE EXCLUDED. Unless otherwise provided by this chapter, the fact that a person holds a permit issued by the Texas Department of Licensing and Regulation does not relieve that person from liability for the violation of this chapter or a rule adopted or order or permit issued under this chapter.

  47. Tex. Agriculture Code Sec. 301.251. DEFINITION. In this subchapter, "permit holder" includes each member of a partnership or association that is a permit holder and, with respect to a corporation that is a permit holder, each officer and the owner or owners of a majority of the corporate stock, provided that the member or owner controls at least 20 percent of the permit holder.

  48. Tex. Agriculture Code Sec. 301.252. GROUNDS FOR REVOCATION OR SUSPENSION OF PERMIT. After notice and hearing, the Texas Department of Licensing and Regulation may revoke or suspend a permit issued under this chapter on any of the following grounds:

  49. Tex. Agriculture Code Sec. 301.253. GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSE.

  50. Tex. Agriculture Code Sec. 301.254. PROCEDURES FOR NOTICE AND HEARINGS. The Texas Department of Licensing and Regulation by rule shall establish procedures for public notice and any public hearing under this subchapter.

  51. Tex. Agriculture Code Sec. 301.255. HEARINGS. A hearing under this subchapter shall be conducted in accordance with the hearing rules adopted by the Texas Department of Licensing and Regulation and the applicable provisions of Chapter 2001, Government Code.

  52. Tex. Agriculture Code Sec. 301.256. REVOCATION OR SUSPENSION BY CONSENT. If a permit holder or license holder requests or consents to the revocation or suspension of the permit or license, the executive director may revoke or suspend the permit or license without a hearing.

  53. Tex. Agriculture Code Sec. 301.257. OTHER RELIEF. A proceeding brought by the Texas Department of Licensing and Regulation under this subchapter does not affect the authority of the Texas Department of Licensing and Regulation to bring suit for injunctive relief or a penalty, or both, under this chapter.

  54. Tex. Agriculture Code Sec. 301.301. IMMUNITY OF STATE. The state and its officers and employees are immune from liability for all weather modification and control activities conducted by private persons or groups.

  55. Tex. Agriculture Code Sec. 301.302. PRIVATE LEGAL RELATIONSHIPS.

Chapter 302

  1. Tex. Agriculture Code Sec. 302.001. FINDINGS. The legislature finds that weather modification and control activities may have a significant impact on Texas agriculture. The legislature further finds that the Texas Department of Licensing and Regulation is the proper state agency to administer grants to political subdivisions for weather modification and control activities.

  2. Tex. Agriculture Code Sec. 302.002. DEFINITIONS. In this chapter:

  3. Tex. Agriculture Code Sec. 302.003. WEATHER MODIFICATION AND CONTROL GRANT PROGRAM. The department shall develop and administer a program awarding matching grants to political subdivisions of this state for weather modification and control.

  4. Tex. Agriculture Code Sec. 302.004. RULES. The commission may adopt rules necessary to administer this chapter.

  5. Tex. Agriculture Code Sec. 302.005. CONTRACTS. The department may enter into contracts with public or private entities to assist the department in the administration or evaluation of the weather modification and control grant program or to conduct research relating to the effectiveness of weather modification and control activities.

  6. Tex. Agriculture Code Sec. 302.006. FUNDING. The department may accept appropriations and may solicit and accept gifts, grants, and other donations from any source to administer the weather modification and control grant program.

Alcoholic Beverage

Chapter 1

  1. Tex. Alcoholic Beverage Code Sec. 1.01. PURPOSE OF CODE.

  2. Tex. Alcoholic Beverage Code Sec. 1.02. CONSTRUCTION OF CODE. The Code Construction Act (Chapter 311, Government Code) applies to the construction of each provision in this code, except as otherwise expressly provided by this code.

  3. Tex. Alcoholic Beverage Code Sec. 1.03. PUBLIC POLICY. This code is an exercise of the police power of the state for the protection of the welfare, health, peace, temperance, and safety of the people of the state. It shall be liberally construed to accomplish this purpose.

  4. Tex. Alcoholic Beverage Code Sec. 1.04. DEFINITIONS. In this code:

  5. Tex. Alcoholic Beverage Code Sec. 1.05. GENERAL PENALTY.

  6. Tex. Alcoholic Beverage Code Sec. 1.06. CODE EXCLUSIVELY GOVERNS. Unless otherwise specifically provided by the terms of this code, the manufacture, sale, distribution, transportation, and possession of alcoholic beverages shall be governed exclusively by the provisions of this code.

  7. Tex. Alcoholic Beverage Code Sec. 1.07. RESIDENT ALIENS.

  8. Tex. Alcoholic Beverage Code Sec. 1.08. PREVENTION OF HUMAN TRAFFICKING. It is the intent of the legislature to prevent human trafficking at all permitted and licensed premises, and all provisions of this code shall be liberally construed to carry out this intent, and it shall be a duty and priority of the commission to adhere to a zero tolerance policy of preventing human trafficking and related practices.

  9. Tex. Alcoholic Beverage Code Sec. 1.09. REFERENCES TO CERTAIN TERMS. A reference in this code to:

Chapter 2

  1. Tex. Alcoholic Beverage Code Sec. 2.01. DEFINITIONS. In this chapter:

  2. Tex. Alcoholic Beverage Code Sec. 2.02. CAUSES OF ACTION.

  3. Tex. Alcoholic Beverage Code Sec. 2.03. EXCLUSIVITY OF STATUTORY REMEDY.

Chapter 5

  1. Tex. Alcoholic Beverage Code Sec. 5.01. TEXAS ALCOHOLIC BEVERAGE COMMISSION.

  2. Tex. Alcoholic Beverage Code Sec. 5.02. MEMBERS OF COMMISSION; APPOINTMENT.

  3. Tex. Alcoholic Beverage Code Sec. 5.022. TRAINING.

  4. Tex. Alcoholic Beverage Code Sec. 5.03. TERMS OF OFFICE. The members of the commission hold office for staggered terms of six years, with the term of one or two members expiring every two years. Each member holds office until the member's successor is appointed and has qualified. The governor may appoint a member to serve consecutive terms.

  5. Tex. Alcoholic Beverage Code Sec. 5.04. PRESIDING OFFICER. The governor shall designate a member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure of the governor.

  6. Tex. Alcoholic Beverage Code Sec. 5.05. RELATIONSHIP WITH ALCOHOLIC BEVERAGE BUSINESS PROHIBITED.

  7. Tex. Alcoholic Beverage Code Sec. 5.051. GROUNDS FOR REMOVAL FROM COMMISSION.

  8. Tex. Alcoholic Beverage Code Sec. 5.06. COMMISSION OFFICE. The office of the commission shall be in the city of Austin.

  9. Tex. Alcoholic Beverage Code Sec. 5.07. COMMISSION MEETINGS.

  10. Tex. Alcoholic Beverage Code Sec. 5.08. PER DIEM, EXPENSES. Members of the commission receive per diem as provided by the General Appropriations Act for not more than 60 days a year, plus actual expenses, while attending commission meetings or otherwise engaged in the performance of their duties.

  11. Tex. Alcoholic Beverage Code Sec. 5.10. EMPLOYEES; COMPENSATION; BONDS.

  12. Tex. Alcoholic Beverage Code Sec. 5.101. HUMAN RESOURCES DIVISION.

  13. Tex. Alcoholic Beverage Code Sec. 5.102. RECRUITMENT. For the purpose of providing adequate personnel for all job positions in the commission, the commission shall:

  14. Tex. Alcoholic Beverage Code Sec. 5.103. ANNUAL REPORT. The administrator shall report not later than February 1 of each year to the commission on the progress of the commission in the recruitment and hiring of personnel in compliance with the commission's recruitment and hiring policies.

  15. Tex. Alcoholic Beverage Code Sec. 5.11. ADMINISTRATOR.

  16. Tex. Alcoholic Beverage Code Sec. 5.12. DUTIES OF ADMINISTRATOR. The commission shall specify the duties and powers of the administrator by printed rules and regulations entered in its minutes and shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the administrator and the staff of the commission. The commission or administrator may develop a procedure under which the commission or administrator, or the designee of either, may negotiate the repayment of debts owed the commission, including fees and delinquent taxes. When this code imposes concurrent powers or duties on the commission and the administrator, the commission shall designate those powers and duties which it delegates to the administrator. An order, decision, or judgment rendered and entered by the administrator in a matter in which the administrator has been authorized to act is not subject to change, review, or revision by the commission. A concurrent power or duty which has not been specifically delegated to the administrator by the commission's order is retained by the commission, and an order, decision, or judgment rendered and entered by the commission in a matter in which the commission has retained authority is not subject to change, review, or revision by the administrator.

  17. Tex. Alcoholic Beverage Code Sec. 5.13. ASSISTANT ADMINISTRATOR.

  18. Tex. Alcoholic Beverage Code Sec. 5.14. INSPECTORS AND REPRESENTATIVES. The commission or administrator may commission as many inspectors and representatives as are necessary to enforce this code and other laws administered by the commission. Each inspector and representative shall take the constitutional oath of office, which shall be filed in the office of the commission. Each commissioned inspector and representative has all the powers of a peace officer coextensive with the boundaries of the state.

  19. Tex. Alcoholic Beverage Code Sec. 5.141. PURCHASE OF FIREARM FROM COMMISSION BY INSPECTOR OR REPRESENTATIVE.

  20. Tex. Alcoholic Beverage Code Sec. 5.142. SPECIAL INSPECTORS OR REPRESENTATIVES.

  21. Tex. Alcoholic Beverage Code Sec. 5.15. ASSISTANT ATTORNEYS GENERAL. The attorney general may appoint as many as six assistant attorneys general, as the commission determines necessary, to enable the commission to more efficiently enforce this code. The attorney general and the assistant attorneys general shall prosecute all suits requested by the commission and defend all suits against the commission. The commission shall provide the assistant attorneys general with necessary stenographers and office space. The assistant attorneys general shall be paid by the commission out of funds appropriated to it for the administration of this code. Their compensation shall be on the same basis as assistant attorneys general devoting their time to general state business.

  22. Tex. Alcoholic Beverage Code Sec. 5.16. REPRESENTATION IN APPEAL TO COMMISSION. No member of the legislature or other person may appear for compensation in a representational capacity in an appeal to the commission unless he first files an affidavit supplied by the commission and makes a full disclosure of whom he represents and of the fact that he is being compensated for doing so. The commission shall provide appropriate forms, and these records are a public record of the commission.

  23. Tex. Alcoholic Beverage Code Sec. 5.17. SUITS AGAINST THE COMMISSION: VENUE. In all suits against the commission, except appeals governed by Section 11.67 or 32.18 of this code, venue is in Travis County.

  24. Tex. Alcoholic Beverage Code Sec. 5.18. AUDIT. The financial transactions of the commission are subject to audit by the state auditor in accordance with Chapter 321, Government Code.

  25. Tex. Alcoholic Beverage Code Sec. 5.20. STANDARDS OF CONDUCT INFORMATION. The commission shall provide to its members and employees, as often as necessary, information regarding their qualification for office or employment under this code and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.

  26. Tex. Alcoholic Beverage Code Sec. 5.21. ADVISORY COMMITTEES.

  27. Tex. Alcoholic Beverage Code Sec. 5.31. GENERAL POWERS AND DUTIES.

  28. Tex. Alcoholic Beverage Code Sec. 5.32. MAY REQUIRE REPORTS. The commission may require persons engaged in the alcoholic beverage business to provide information, records, or other documents the commission finds necessary to accomplish the purposes of this code.

  29. Tex. Alcoholic Beverage Code Sec. 5.321. ELECTRONIC SIGNATURES. Any electronic information, record, or other document, including an application, submitted to the commission that has an electronic signature with the required specific identifiers of the signatory has the same force and effect as a manual signature before a notary public and is considered a sworn statement for purposes of Section 101.69, notwithstanding any other law.

  30. Tex. Alcoholic Beverage Code Sec. 5.33. REGULATE LICENSEES AND PERMITTEES. The commission shall supervise and regulate licensees and permittees and their places of business in matters affecting the public. This authority is not limited to matters specifically mentioned in this code.

  31. Tex. Alcoholic Beverage Code Sec. 5.331. PUBLIC DISTURBANCE REPORTS. Local law enforcement agencies in each county with a population of 3.3 million or more shall send to the commission reports and other data concerning shootings, stabbings, and other public disturbances that occur on the premises of a permittee or licensee. The reports and data shall be incorporated into the record of the permittee or licensee. The administrator of the Texas Alcoholic Beverage Commission shall prescribe the form and content of such reports.

  32. Tex. Alcoholic Beverage Code Sec. 5.34. DELEGATION OF AUTHORITY.

  33. Tex. Alcoholic Beverage Code Sec. 5.35. ISSUANCE OF PERMITS AND LICENSES. The commission may grant, refuse, suspend, or cancel alcoholic beverage permits and licenses as provided in this code.

  34. Tex. Alcoholic Beverage Code Sec. 5.36. INVESTIGATION OF VIOLATIONS.

  35. Tex. Alcoholic Beverage Code Sec. 5.361. ENFORCEMENT; INSPECTIONS.

  36. Tex. Alcoholic Beverage Code Sec. 5.362. SCHEDULE OF SANCTIONS.

  37. Tex. Alcoholic Beverage Code Sec. 5.363. DISCIPLINARY AUTHORITY OF ADMINISTRATOR AND COMMISSION.

  38. Tex. Alcoholic Beverage Code Sec. 5.364. RECEIPT AND USE OF MARKET DATA.

  39. Tex. Alcoholic Beverage Code Sec. 5.37. COLLECTION OF TAXES AT SOURCE.

  40. Tex. Alcoholic Beverage Code Sec. 5.371. PROCEEDS FROM CONTRABAND. Property, money, and the proceeds from forfeited contraband provided to the commission by a federal agency or under state or federal law shall be deposited in the commission's account in the state treasury and may be appropriated only to the commission for law enforcement purposes. Funds under this section that are not expended at the close of a fiscal year shall be reappropriated for the same purpose the following fiscal year.

  41. Tex. Alcoholic Beverage Code Sec. 5.38. QUALITY AND PURITY OF BEVERAGES.

  42. Tex. Alcoholic Beverage Code Sec. 5.39. REGULATION OF LIQUOR CONTAINERS. The commission shall adopt rules to standardize the size of containers in which liquor may be sold in the state and relating to representations required or allowed to be displayed on or in the containers. To accommodate the alcoholic beverage industry's conversion to the metric system, the commission shall adopt rules permitting the importation and sale of liquor in metric-sized containers as well as in containers sized according to the United States standard gallon system.

  43. Tex. Alcoholic Beverage Code Sec. 5.40. REGULATION OF MALT BEVERAGE CONTAINER DEPOSITS. If the commission finds it necessary to effectuate the purposes of this code, it may adopt rules to provide a schedule of deposits required to be obtained on malt beverage containers delivered by a licensee.

  44. Tex. Alcoholic Beverage Code Sec. 5.41. ALCOHOL USED FOR SCIENTIFIC PURPOSES, ETC. The commission shall license and regulate the use of alcohol and liquor for scientific, pharmaceutical, and industrial purposes. The commission shall provide by rule for the withdrawal of alcohol or liquor for those purposes from warehouses or denaturing plants, and shall prescribe the manner in which the alcohol or liquor may be used, tax free, for scientific research, in hospitals or sanitoriums, in industrial plants, or for other manufacturing purposes.

  45. Tex. Alcoholic Beverage Code Sec. 5.42. PENALTY FOR VIOLATION OF RULE. A person who violates a valid rule of the commission is guilty of a misdemeanor and on conviction is punishable by the penalty prescribed in Section 1.05 of this code.

  46. Tex. Alcoholic Beverage Code Sec. 5.43. WHO MAY HOLD HEARING; RULES OF EVIDENCE.

  47. Tex. Alcoholic Beverage Code Sec. 5.44. SUBPOENA OF WITNESSES; WITNESS FEES; CONTEMPT.

  48. Tex. Alcoholic Beverage Code Sec. 5.441. FEES AND EXPENSES PAID MEMBERS OR EMPLOYEES OF COMMISSION.

  49. Tex. Alcoholic Beverage Code Sec. 5.45. PROOF OF DOCUMENT.

  50. Tex. Alcoholic Beverage Code Sec. 5.47. RECORDS OF VIOLATIONS. Records of all violations of this code by permittees and licensees, records introduced and made public at hearings, and decisions resulting from the hearings relating to the violations shall be kept on file at the office of the commission in the city of Austin. The records are open to the public.

  51. Tex. Alcoholic Beverage Code Sec. 5.48. PRIVATE RECORDS.

  52. Tex. Alcoholic Beverage Code Sec. 5.49. PRINTED COPIES OF CODE AND RULES. The commission from time to time may have as many copies of this code and any commission rule governing the collection or refund of the gross receipts tax printed in pamphlet form for distribution as it finds necessary.

  53. Tex. Alcoholic Beverage Code Sec. 5.50. ESTABLISHMENT OF CERTAIN FEES.

  54. Tex. Alcoholic Beverage Code Sec. 5.51. BOOKKEEPING RECORDS. A permittee who holds a permit issued under Chapter 28, 30, or 32 may elect to keep all records required under this code on a machine bookkeeping system. A permittee who desires to use such a system must submit a written application for commission approval of the system before implementing the system. The commission may authorize a permittee to centralize the permittee's records.

  55. Tex. Alcoholic Beverage Code Sec. 5.52. PROGRAM ACCESSIBILITY PLAN. The commission shall prepare and maintain a written plan that describes how a person who does not speak English or who has a physical, mental, or developmental disability may be provided reasonable access to the commission's programs.

  56. Tex. Alcoholic Beverage Code Sec. 5.53. PUBLIC INTEREST INFORMATION AND COMPLAINTS.

  57. Tex. Alcoholic Beverage Code Sec. 5.54. RESOLUTION OF COMPLAINTS.

  58. Tex. Alcoholic Beverage Code Sec. 5.55. ELECTRONIC PROCESSING OF LICENSES, PERMITS, AND CERTIFICATES.

  59. Tex. Alcoholic Beverage Code Sec. 5.56. FUNDING OF TEXAS WINE MARKETING ASSISTANCE PROGRAM.

  60. Tex. Alcoholic Beverage Code Sec. 5.57. MARKETING PRACTICES REGULATORY DECISIONS.

  61. Tex. Alcoholic Beverage Code Sec. 5.58. INTERNAL AFFAIRS.

  62. Tex. Alcoholic Beverage Code Sec. 5.581. DISCLOSURE OF PERSONNEL RECORDS OF COMMISSIONED PEACE OFFICERS.

  63. Tex. Alcoholic Beverage Code Sec. 5.59. USE OF TECHNOLOGY. The commission shall implement a policy requiring the commission to use appropriate technological solutions to improve the commission's ability to perform its functions. The policy must ensure that the public is able to interact with the commission on the Internet.

  64. Tex. Alcoholic Beverage Code Sec. 5.60. ALTERNATIVE RULEMAKING AND DISPUTE RESOLUTION PROCEDURES.

  65. Tex. Alcoholic Beverage Code Sec. 5.61. TRAINING PROGRAM ON OPIOID-RELATED DRUG OVERDOSE.

Chapter 6

  1. Tex. Alcoholic Beverage Code Sec. 6.01. RIGHTS AND PRIVILEGES; REVOCATION.

  2. Tex. Alcoholic Beverage Code Sec. 6.02. COORDINATION OF EXPIRATION DATES.

  3. Tex. Alcoholic Beverage Code Sec. 6.03. CITIZENSHIP REQUIREMENTS.

  4. Tex. Alcoholic Beverage Code Sec. 6.04. GRACE PERIOD ON RENEWAL OF LICENSES AND PERMITS.

  5. Tex. Alcoholic Beverage Code Sec. 6.05. CORPORATE LIABILITY. A corporation with an ownership interest in a corporation holding a permit under Section 6.03(k) of this code and which shares space, employees, business facilities, or services is subject to liability under Chapter 2 of this code.

Chapter 11

  1. Tex. Alcoholic Beverage Code Sec. 11.01. PERMIT REQUIRED.

  2. Tex. Alcoholic Beverage Code Sec. 11.015. HEARING LOCATION. Notwithstanding any other provision of this code, a hearing related to the issuance, renewal, cancellation, or suspension of a permit under this subtitle may be conducted:

  3. Tex. Alcoholic Beverage Code Sec. 11.02. SEPARATE PERMIT REQUIRED. A separate permit shall be obtained and a separate fee paid for each outlet of liquor in the state.

  4. Tex. Alcoholic Beverage Code Sec. 11.03. NATURE OF PERMIT. A permit issued under this code is a purely personal privilege and is subject to revocation as provided in this code. It is not property, is not subject to execution, does not pass by descent or distribution, and except as otherwise provided in this code, ceases on the death of the holder.

  5. Tex. Alcoholic Beverage Code Sec. 11.04. MUST DISPLAY PERMIT. All permits shall be displayed in a conspicuous place at all times on the licensed premises.

  6. Tex. Alcoholic Beverage Code Sec. 11.042. HEALTH RISKS WARNING SIGN.

  7. Tex. Alcoholic Beverage Code Sec. 11.05. UNAUTHORIZED USE OF PERMIT. A permittee may not consent to or allow the use or display of the permittee's permit by a person other than the person to whom the permit was issued.

  8. Tex. Alcoholic Beverage Code Sec. 11.06. PRIVILEGES LIMITED TO LICENSED PREMISES. No person may use a permit or exercise any privileges granted by the permit except at the place, address, premises, or location for which the permit is issued, except as otherwise provided by this code.

  9. Tex. Alcoholic Beverage Code Sec. 11.07. DUPLICATE OR CORRECTED PERMIT. If a permit is lost, destroyed, or needs to be changed, the commission may issue a duplicate or corrected permit.

  10. Tex. Alcoholic Beverage Code Sec. 11.08. CHANGE OF LOCATION. If a permittee desires to change the location of his place of business, he may file an application for a change of location with the commission. The application shall be on a form prescribed by the commission. The commission or administrator may deny the application on any ground for which an original application may be denied. The application is subject to protest and hearing in the same manner as an original application for a permit.

  11. Tex. Alcoholic Beverage Code Sec. 11.09. EXPIRATION OR SUSPENSION OF PERMIT.

  12. Tex. Alcoholic Beverage Code Sec. 11.091. NOTIFICATION OF EXPIRED OR SUSPENDED PERMIT.

  13. Tex. Alcoholic Beverage Code Sec. 11.10. SUCCESSION ON DEATH, BANKRUPTCY, ETC. On the death of the permittee or of a person having an interest in the permit, or on bankruptcy, receivership, or partnership dissolution, the receiver or successor in interest may apply to the county judge of the county where the licensed premises are located for certification that he is the receiver or successor in interest. On certification, unless good cause for refusal is shown, the commission or administrator shall grant permission, by letter or otherwise, for the receiver or successor in interest to operate the business during the unexpired portion of the permit. The permit may not be renewed, but the receiver or successor in interest may apply for an original permit or license. A receiver or successor in interest operating for the unexpired portion of the permit is subject to the provisions of this code relating to suspension or cancellation of a permit.

  14. Tex. Alcoholic Beverage Code Sec. 11.11. CONDUCT SURETY BOND.

  15. Tex. Alcoholic Beverage Code Sec. 11.12. ALTERING FORM OF BUSINESS ENTITY.

  16. Tex. Alcoholic Beverage Code Sec. 11.13. CERTAIN APPLICATIONS PROHIBITED.

  17. Tex. Alcoholic Beverage Code Sec. 11.31. APPLICATION FOR PERMIT. All permits shall be applied for and obtained from the commission.

  18. Tex. Alcoholic Beverage Code Sec. 11.32. RENEWAL APPLICATION. Renewal applications shall be made under oath and shall contain all information required by the commission or administrator showing that the applicant is qualified to hold the permit. The application shall be accompanied by the required bond and state fee. The commission or administrator may issue a renewal permit if it is found that the applicant is qualified.

  19. Tex. Alcoholic Beverage Code Sec. 11.321. ADMINISTRATIVE PENALTY IN CERTAIN COUNTIES.

  20. Tex. Alcoholic Beverage Code Sec. 11.33. APPLICATION FORMS. All permit application forms shall be provided by the commission.

  21. Tex. Alcoholic Beverage Code Sec. 11.34. CONSOLIDATED APPLICATION.

  22. Tex. Alcoholic Beverage Code Sec. 11.35. PAYMENT OF FEE.

  23. Tex. Alcoholic Beverage Code Sec. 11.36. REFUND OF FEE. The commission may not refund a permit fee except when the permittee is prevented from continuing in business because of a local option election or when an application for a permit is rejected by the commission or administrator. As much of the proceeds from permit fees as is necessary may be appropriated for that purpose.

  24. Tex. Alcoholic Beverage Code Sec. 11.37. CERTIFICATION OF WET OR DRY STATUS.

  25. Tex. Alcoholic Beverage Code Sec. 11.38. LOCAL FEE AUTHORIZED.

  26. Tex. Alcoholic Beverage Code Sec. 11.39. APPLICANT TO PUBLISH NOTICE.

  27. Tex. Alcoholic Beverage Code Sec. 11.391. NOTICE BY SIGN.

  28. Tex. Alcoholic Beverage Code Sec. 11.392. NOTICE OF PRIVATE CLUB APPLICATION OR RENEWAL.

  29. Tex. Alcoholic Beverage Code Sec. 11.393. NOTICE BY MAIL.

  30. Tex. Alcoholic Beverage Code Sec. 11.42. STATEMENT OF STOCK OWNERSHIP. The commission at any time may require an officer of a corporation holding a permit to file a sworn statement showing the actual owners of the stock of the corporation, the amount of stock owned by each, the officers of the corporation, and any information concerning the qualifications of the officers or stockholders.

  31. Tex. Alcoholic Beverage Code Sec. 11.43. APPLICATION REVIEW PROCESS.

  32. Tex. Alcoholic Beverage Code Sec. 11.431. PROTEST BY MEMBER OF THE PUBLIC.

  33. Tex. Alcoholic Beverage Code Sec. 11.432. PROTEST BY GOVERNMENT OFFICIAL.

  34. Tex. Alcoholic Beverage Code Sec. 11.44. PREMISES INELIGIBLE FOR PERMIT OR LICENSE.

  35. Tex. Alcoholic Beverage Code Sec. 11.45. "APPLICANT" DEFINED. The word "applicant," as used in Sections 11.46 through 11.48 of this code, also includes, as of the date of the application, each member of a partnership or association and, with respect to a corporation, each officer and the owner or owners of a majority of the corporate stock. This section shall not be construed as prohibiting anything permitted by Section 22.06, 24.05, or 102.05 of this code.

  36. Tex. Alcoholic Beverage Code Sec. 11.46. GENERAL GROUNDS FOR DENIAL.

  37. Tex. Alcoholic Beverage Code Sec. 11.47. DENIAL OF PERMIT: INTEREST IN MALT BEVERAGE ESTABLISHMENT. The commission may deny an application for an original or renewal permit if it has reasonable grounds to believe and finds that the applicant or a person with whom the applicant is residentially domiciled has a financial interest in a permit or license authorizing the sale of malt beverages at retail, except as is authorized by Section 22.06, 24.05, or 102.05. This section does not apply to an applicant for a permit which authorizes the sale of mixed beverages.

  38. Tex. Alcoholic Beverage Code Sec. 11.48. DENIAL OF PACKAGE STORE OR MIXED BEVERAGE PERMIT.

  39. Tex. Alcoholic Beverage Code Sec. 11.481. REFUSAL OF PERMIT AUTHORIZING ON-PREMISES CONSUMPTION.

  40. Tex. Alcoholic Beverage Code Sec. 11.49. PREMISES DEFINED; DESIGNATION OF LICENSED PREMISES.

  41. Tex. Alcoholic Beverage Code Sec. 11.492. CHANGE OF LICENSE OR PERMIT FROM ON-PREMISE TO OFF-PREMISE.

  42. Tex. Alcoholic Beverage Code Sec. 11.493. SUPPLEMENTAL OR AMENDED DESIGNATION OF PREMISES.

  43. Tex. Alcoholic Beverage Code Sec. 11.494. SUPPLEMENTAL DESIGNATION OF CERTAIN AREAS AUTHORIZED. The holder of a mixed beverage permit or private club permit covering premises located in or adjacent to an area described in Section 251.74(b)(1) of this code may submit an amended or supplemental designation of premises to the administrator enlarging or altering the premises covered by the permit where alcoholic beverages may be sold to include any structures located in that area. The premises as described in the amended or supplemental designation as submitted is the licensed premises of the mixed beverage permittee or private club permittee for all purposes, notwithstanding Section 109.57(c) of this code or any other provision of this code or law of this state to the contrary. A city charter, zoning ordinance, or regulation does not alter, limit, or affect in any way the permittee's sale of alcoholic beverages on those premises.

  44. Tex. Alcoholic Beverage Code Sec. 11.495. CONFORMANCE OF PREMISES WITH THE AMERICANS WITH DISABILITIES ACT.

  45. Tex. Alcoholic Beverage Code Sec. 11.50. LICENSING A PORTION OF A BUILDING AS PREMISES.

  46. Tex. Alcoholic Beverage Code Sec. 11.51. WHOLESALERS MAY SHARE DELIVERY VEHICLES. Section 64.07 of this code relates to delivery vehicles shared by wholesalers.

  47. Tex. Alcoholic Beverage Code Sec. 11.52. RESTRICTIONS ON LOCATION IN CERTAIN MUNICIPALITIES.

  48. Tex. Alcoholic Beverage Code Sec. 11.61. CANCELLATION OR SUSPENSION OF PERMIT.

  49. Tex. Alcoholic Beverage Code Sec. 11.611. CONVICTION OF OFFENSE RELATING TO DISCRIMINATION. The commission or administrator may suspend for not more than 60 days or cancel an original or renewal permit if it is found, after notice and hearing that:

  50. Tex. Alcoholic Beverage Code Sec. 11.612. CANCELLATION OF PRIVATE CLUB PERMIT.

  51. Tex. Alcoholic Beverage Code Sec. 11.613. SUMMARY SUSPENSION OF PRIVATE CLUB PERMIT. The commission or administrator without a hearing may for investigative purposes summarily suspend a certificate issued under Chapter 29 to the holder of a private club registration permit or a permit issued under Chapter 32 for not more than seven days if the commission or administrator finds that a shooting, stabbing, or murder has occurred on the licensed premises that is likely to result in a subsequent act of violence. Notice of the order suspending the permit shall be given to the permittee personally within 72 hours of the time the violent act occurs. If the permittee cannot be located, notice shall be provided by posting a copy of the order on the front door of the licensed premises.

  52. Tex. Alcoholic Beverage Code Sec. 11.614. ORDER SUSPENDING PERMIT OR LICENSE.

  53. Tex. Alcoholic Beverage Code Sec. 11.615. DISCIPLINARY ACTION FOR VIOLATION OF ORDER. The commission may deny an application for an original or renewal permit or license or take other disciplinary action against a permit or license holder who violates an order of the commission or administrator.

  54. Tex. Alcoholic Beverage Code Sec. 11.62. HEARING FOR CANCELLATION OR SUSPENSION OF PERMIT. The commission or administrator may, on the motion of either, set a date for a hearing to determine if a permit should be cancelled or suspended. The commission or administrator shall set a hearing on the petition of the mayor, chief of police, city marshal, or city attorney of the city or town in which the licensed premises are located or of the county judge, sheriff, or county or district attorney of the county in which the licensed premises are located. The petition must be supported by the sworn statement of at least one credible person. The commission or administrator shall give the permittee notice of the hearing and of his right to appear and show cause why the permit should not be cancelled.

  55. Tex. Alcoholic Beverage Code Sec. 11.63. NOTICE OF HEARING. At least 10 days' notice shall be given when a hearing is provided by this code. A notice of hearing for the denial, cancellation, or suspension of a license or permit may be served personally by a representative of the commission or sent by registered or certified mail addressed to the licensee or permittee.

  56. Tex. Alcoholic Beverage Code Sec. 11.64. ALTERNATIVES TO SUSPENSION, CANCELLATION.

  57. Tex. Alcoholic Beverage Code Sec. 11.641. AMOUNT OF CIVIL PENALTY.

  58. Tex. Alcoholic Beverage Code Sec. 11.65. NOTICE OF CANCELLATION OR SUSPENSION.

  59. Tex. Alcoholic Beverage Code Sec. 11.66. SUSPENSION OR CANCELLATION AGAINST RETAILER. Except for a violation of the credit or cash law, a penalty of suspension or cancellation of the license or permit of a retailer shall be assessed against the permit or license for the premises where the offense was committed.

  60. Tex. Alcoholic Beverage Code Sec. 11.67. APPEAL FROM CANCELLATION, SUSPENSION, OR DENIAL OF LICENSE OR PERMIT.

  61. Tex. Alcoholic Beverage Code Sec. 11.68. ACTIVITIES PROHIBITED DURING SUSPENSION. No permittee may sell, offer for sale, distribute, or deliver any alcoholic beverage while his permit is suspended.

  62. Tex. Alcoholic Beverage Code Sec. 11.69. DISPOSAL OF BEVERAGES IN BULK. The commission may provide by rule the manner and time in which a person whose license or permit is suspended or cancelled or a receiver or successor in interest of a deceased, insolvent, or bankrupt permittee or licensee may dispose of in bulk the alcoholic beverages on hand at the termination of the use of the permit or license.

  63. Tex. Alcoholic Beverage Code Sec. 11.70. LIABILITY OF SURETY.

  64. Tex. Alcoholic Beverage Code Sec. 11.71. SURETY MAY TERMINATE LIABILITY. A surety under the bond of a permittee may terminate its liability by giving 30 days' written notice of termination, served personally or by registered mail on the principal and the commission. The surety is discharged from all liability under the bond for any act or omission of the principal occurring after the expiration of 30 days from the date the notice is served. If the principal fails to duly file a new bond in the same amount and with the same conditions as the original bond before the expiration of the 30-day period, his permit shall terminate when the 30-day period expires.

  65. Tex. Alcoholic Beverage Code Sec. 11.72. DISCIPLINE FOR ACTIONS OF AGENT; RECORDS RETENTION.

  66. Tex. Alcoholic Beverage Code Sec. 11.73. AFFIRMATION OF COMPLIANCE. A person who holds a permit under Chapter 19, 20, or 23 may not be subject to an administrative sanction for selling or delivering an alcoholic beverage to a retailer not authorized to purchase and receive the alcoholic beverage if the permit holder:

Chapter 14

  1. Tex. Alcoholic Beverage Code Sec. 14.01. AUTHORIZED ACTIVITIES.

  2. Tex. Alcoholic Beverage Code Sec. 14.03. CONTINUANCE OF OPERATION AFTER LOCAL OPTION ELECTION. The right of a distiller's and rectifier's permittee to continue in operation after a prohibitory local option election is covered by Section 251.76 of this code.

  3. Tex. Alcoholic Beverage Code Sec. 14.04. DISTILLED SPIRITS SAMPLING.

  4. Tex. Alcoholic Beverage Code Sec. 14.05. SALES TO ULTIMATE CONSUMERS.

  5. Tex. Alcoholic Beverage Code Sec. 14.06. REPORT OF CERTAIN SALES. A holder of a distiller's and rectifier's permit who sells distilled spirits under Section 14.01(a)(8) shall keep records of those sales in a manner prescribed by the commission or administrator.

  6. Tex. Alcoholic Beverage Code Sec. 14.07. RETAILER SAMPLING.

  7. Tex. Alcoholic Beverage Code Sec. 14.071. TRANSPORTING LIQUOR.

  8. Tex. Alcoholic Beverage Code Sec. 14.08. STORAGE.

  9. Tex. Alcoholic Beverage Code Sec. 14.09. DISTILLED SPIRITS SAMPLING AT TEMPORARY EVENT.

  10. Tex. Alcoholic Beverage Code Sec. 14.10. OPERATING AGREEMENTS BETWEEN PERMIT HOLDERS.

Chapter 15

  1. Tex. Alcoholic Beverage Code Sec. 15.01. AUTHORIZED ACTIVITIES.

  2. Tex. Alcoholic Beverage Code Sec. 15.04. SOLICITATION FROM HOLDER OF MIXED BEVERAGE OR PRIVATE CLUB PERMIT. A distiller's agent may not solicit business directly or indirectly from a holder of a mixed beverage permit or a private club registration permit unless the distiller's agent is accompanied by the holder of a wholesaler's permit or the wholesaler's agent.

  3. Tex. Alcoholic Beverage Code Sec. 15.05. UNAUTHORIZED REPRESENTATION. A distiller's agent in soliciting or taking orders for the sale of liquor may not represent that the agent is an agent of any person other than the person who employs the agent or who has authorized the agent to represent the person.

Chapter 16

  1. Tex. Alcoholic Beverage Code Sec. 16.01. AUTHORIZED ACTIVITIES.

  2. Tex. Alcoholic Beverage Code Sec. 16.011. PREMISES IN DRY AREA. A winery permit may be issued for premises in an area in which the sale of wine has not been authorized by a local option election. A holder of a permit under this section may engage in any activity authorized under Section 16.01 except that the permit holder may sell or dispense wine under that section only if the wine is:

  3. Tex. Alcoholic Beverage Code Sec. 16.03. IMPORTATION FOR BLENDING. The holder of a winery permit may, for blending purposes, import wines or grape brandy. The wine or grape brandy may be purchased only from the holders of nonresident seller's permits. The state tax on wines imported for blending purposes does not accrue until the wine has been used for blending purposes and the resultant product placed in containers for sale.

  4. Tex. Alcoholic Beverage Code Sec. 16.04. FEDERAL PERMIT REQUIRED. A winery permit may be granted only on presentation of an appropriate federal wine permit.

  5. Tex. Alcoholic Beverage Code Sec. 16.05. OPERATING AGREEMENTS BETWEEN PERMIT HOLDERS.

  6. Tex. Alcoholic Beverage Code Sec. 16.06. PARTICIPATION IN CERTAIN OFF-PREMISES WINE EVALUATION ACTIVITIES.

  7. Tex. Alcoholic Beverage Code Sec. 16.07. WINE SAMPLING.

  8. Tex. Alcoholic Beverage Code Sec. 16.08. WINE FESTIVALS.

  9. Tex. Alcoholic Beverage Code Sec. 16.09. DIRECT SHIPMENT TO CONSUMERS.

  10. Tex. Alcoholic Beverage Code Sec. 16.10. TRANSPORTING WINE.

  11. Tex. Alcoholic Beverage Code Sec. 16.11. STORAGE.

  12. Tex. Alcoholic Beverage Code Sec. 16.12. SALES AT TEMPORARY LOCATION.

Chapter 19

  1. Tex. Alcoholic Beverage Code Sec. 19.01. AUTHORIZED ACTIVITIES. The holder of a wholesaler's permit may:

  2. Tex. Alcoholic Beverage Code Sec. 19.03. PROMOTIONAL ACTIVITIES. The holder of a wholesaler's permit or the permittee's agent may enter the licensed premises of a mixed beverage permittee or private club registration permittee to determine the brands offered for sale and suggest or promote the sale of other brands, to the extent authorized by Section 102.07. The holder of a wholesaler's permit or the permittee's agent may not accept a direct order from a mixed beverage permittee except for wine.

  3. Tex. Alcoholic Beverage Code Sec. 19.04. MINIATURE CONTAINERS. In addition to other authorized containers, a wholesaler's permittee may import, sell, offer for sale, and possess for the purpose of resale distilled spirits, wine, and vinous liquors in containers of not less than one ounce nor more than two ounces. Liquor in containers of that size may be sold to:

  4. Tex. Alcoholic Beverage Code Sec. 19.06. TRANSPORTING LIQUOR.

  5. Tex. Alcoholic Beverage Code Sec. 19.07. STORAGE.

Chapter 20

  1. Tex. Alcoholic Beverage Code Sec. 20.01. AUTHORIZED ACTIVITIES. The holder of a general class B wholesaler's permit may:

  2. Tex. Alcoholic Beverage Code Sec. 20.04. TRANSPORTING LIQUOR.

  3. Tex. Alcoholic Beverage Code Sec. 20.05. STORAGE.

Chapter 22

  1. Tex. Alcoholic Beverage Code Sec. 22.01. AUTHORIZED ACTIVITIES. The holder of a package store permit may:

  2. Tex. Alcoholic Beverage Code Sec. 22.03. DELIVERIES TO CUSTOMERS.

  3. Tex. Alcoholic Beverage Code Sec. 22.04. LIMITATION ON PACKAGE STORE INTERESTS.

  4. Tex. Alcoholic Beverage Code Sec. 22.041. ACQUISITION OF EXISTING PACKAGE STORE BUSINESS.

  5. Tex. Alcoholic Beverage Code Sec. 22.05. TRANSFER OF PERMITS. The holder of a package store permit may not transfer the permit to another county.

  6. Tex. Alcoholic Beverage Code Sec. 22.06. PROHIBITED INTERESTS.

  7. Tex. Alcoholic Beverage Code Sec. 22.08. TRANSFER OF BEVERAGES.

  8. Tex. Alcoholic Beverage Code Sec. 22.10. OPENING CONTAINERS PROHIBITED. Except as authorized under Section 14.07, 22.18, or 37.01(d), a person may not break or open a container containing liquor or a malt beverage or possess an opened container of liquor or a malt beverage on the premises of a package store.

  9. Tex. Alcoholic Beverage Code Sec. 22.11. CONSUMPTION ON PREMISES PROHIBITED. Except as authorized under Section 14.07, 22.18, or 37.01(d), a person may not sell, barter, exchange, deliver, or give away any drink or drinks of alcoholic beverages from a container that has been opened or broken on the premises of a package store.

  10. Tex. Alcoholic Beverage Code Sec. 22.12. BREACH OF PEACE. The commission or administrator may suspend or cancel a package store permit after giving the permittee notice and the opportunity to show compliance with all requirements of law for the retention of the permit if it finds that a breach of the peace has occurred on the licensed premises or on premises under the control of the permittee and that the breach of the peace was not beyond the control of the permittee and resulted from his improper supervision of persons permitted to be on the licensed premises or on premises under his control.

  11. Tex. Alcoholic Beverage Code Sec. 22.13. AGE OF PACKAGE STORE EMPLOYEES.

  12. Tex. Alcoholic Beverage Code Sec. 22.14. SEPARATE PREMISES REQUIRED.

  13. Tex. Alcoholic Beverage Code Sec. 22.15. CONDUCTING SEPARATE BUSINESSES AS A COMMON OPERATION.

  14. Tex. Alcoholic Beverage Code Sec. 22.16. OWNERSHIP BY PUBLIC CORPORATIONS PROHIBITED.

  15. Tex. Alcoholic Beverage Code Sec. 22.17. SALE TO CUSTOMER IN STORE AT CLOSING. Notwithstanding any other provision of this code, if a customer has entered a package store during hours in which the package store may sell alcohol and is still in the store at the time the hours of legal sale end, the permittee may allow the customer to remain in the store for a reasonable amount of time to finish shopping, and the permittee may sell an alcoholic beverage to that customer even though the sale occurs after the designated end of the hours of legal sale.

  16. Tex. Alcoholic Beverage Code Sec. 22.18. TASTINGS.

  17. Tex. Alcoholic Beverage Code Sec. 22.19. PURCHASE AND SALE OF VINTAGE DISTILLED SPIRITS.

Chapter 23

  1. Tex. Alcoholic Beverage Code Sec. 23.01. AUTHORIZED ACTIVITIES.

  2. Tex. Alcoholic Beverage Code Sec. 23.03. ELIGIBILITY FOR PERMIT. The commission or the administrator may issue a local distributor's permit only to a holder of a package store permit.

  3. Tex. Alcoholic Beverage Code Sec. 23.04. MAY TRANSFER BEVERAGES.

  4. Tex. Alcoholic Beverage Code Sec. 23.05. SIZE OF CONTAINERS.

  5. Tex. Alcoholic Beverage Code Sec. 23.06. SIZE OF DELIVERY. A holder of a local distributor's permit may not deliver less than two and four-tenths gallons of distilled spirits in a single delivery.

  6. Tex. Alcoholic Beverage Code Sec. 23.07. PURCHASE AND SALE OF VINTAGE DISTILLED SPIRITS.

Chapter 24

  1. Tex. Alcoholic Beverage Code Sec. 24.01. AUTHORIZED ACTIVITIES.

  2. Tex. Alcoholic Beverage Code Sec. 24.03. DELIVERIES AND COLLECTIONS. The holder of a wine only package store permit may make deliveries to and collections from customers as provided in Section 22.03 of this code.

  3. Tex. Alcoholic Beverage Code Sec. 24.04. DESIGNATION OF PLACE OF STORAGE; TRANSPORT OF BEVERAGES.

  4. Tex. Alcoholic Beverage Code Sec. 24.05. PROHIBITED INTERESTS.

  5. Tex. Alcoholic Beverage Code Sec. 24.07. HOURS OF SALE. A holder of a wine only package store permit may remain open and sell malt beverages, wine, and vinous liquors, for off-premises consumption only, on any day and during the same hours as those prescribed for the sale of malt beverages under Section 105.05, except that the permittee may not sell wine or vinous liquor containing more than 17 percent alcohol by volume on a Sunday or after 10 p.m. on any day.

  6. Tex. Alcoholic Beverage Code Sec. 24.09. OPENING CONTAINERS PROHIBITED. Except as provided by Section 24.12, a person may not break or open a container of liquor or malt beverages or possess an opened container of liquor or malt beverages on the premises of a wine only package store.

  7. Tex. Alcoholic Beverage Code Sec. 24.10. BEVERAGE FROM OPENED CONTAINER. Except as provided by Section 24.12, a person may not sell, barter, exchange, deliver, or give away a drink of alcoholic beverage from a container that has been opened or broken on the premises of a wine only package store.

  8. Tex. Alcoholic Beverage Code Sec. 24.11. BREACH OF PEACE. The commission or administrator may suspend or cancel a wine only package store permit after giving the permittee notice and the opportunity to show compliance with all requirements of law for the retention of the permit if it finds that a breach of the peace has occurred on the licensed premises or on premises under the control of the permittee and that the breach of the peace was not beyond the control of the permittee and resulted from his improper supervision of persons permitted to be on the licensed premises or on premises under his control.

  9. Tex. Alcoholic Beverage Code Sec. 24.12. WINE AND MALT BEVERAGES SAMPLING.

Chapter 25

  1. Tex. Alcoholic Beverage Code Sec. 25.01. AUTHORIZED ACTIVITIES. The holder of a wine and malt beverage retailer's permit may sell:

  2. Tex. Alcoholic Beverage Code Sec. 25.04. ISSUANCE, CANCELLATION, AND SUSPENSION OF PERMIT.

  3. Tex. Alcoholic Beverage Code Sec. 25.05. HEARINGS ON PERMIT APPLICATION: NOTICE AND ATTENDANCE.

  4. Tex. Alcoholic Beverage Code Sec. 25.06. DENIAL OF ORIGINAL APPLICATION.

  5. Tex. Alcoholic Beverage Code Sec. 25.09. POSSESSION OF CERTAIN BEVERAGES PROHIBITED.

  6. Tex. Alcoholic Beverage Code Sec. 25.10. APPLICATION OF OTHER CODE PROVISIONS. Sections 61.78, 61.81, 61.82, and 61.84 also apply to a wine and malt beverage retailer's permit. The restrictions in this code relating to malt beverages as to the application of local restrictions, sales to minors and intoxicated persons, age of employees, and the use of blinds or barriers apply to the sale of alcoholic beverages by a wine and malt beverage retailer's permittee.

  7. Tex. Alcoholic Beverage Code Sec. 25.11. SEATING AREA REQUIRED. A wine and malt beverage retailer's permittee must have an area designated on the premises for the permittee's customers to sit if they wish to consume beverages sold by the permittee on the premises.

  8. Tex. Alcoholic Beverage Code Sec. 25.12. PREMISES IN A FOOD COURT.

  9. Tex. Alcoholic Beverage Code Sec. 25.13. FOOD AND BEVERAGE CERTIFICATE.

  10. Tex. Alcoholic Beverage Code Sec. 25.14. ISSUANCE OF PERMIT AUTHORIZED FOR CERTAIN AREAS.

  11. Tex. Alcoholic Beverage Code Sec. 25.15. DELIVERIES AND COLLECTIONS. The holder of a wine and beer retailer's permit who is also the holder of a local cartage permit may make deliveries to and collections from ultimate consumers in the same manner as the holder of a package store permit under Section 22.03.

  12. Tex. Alcoholic Beverage Code Sec. 25.16. SALES AT TEMPORARY LOCATION.

Chapter 26

  1. Tex. Alcoholic Beverage Code Sec. 26.01. AUTHORIZED ACTIVITIES.

  2. Tex. Alcoholic Beverage Code Sec. 26.03. ISSUANCE, CANCELLATION, AND SUSPENSION OF PERMIT.

  3. Tex. Alcoholic Beverage Code Sec. 26.04. APPLICATION OF OTHER CODE PROVISIONS. Sections 61.78, 61.81, 61.82, and 61.84 also apply to a wine and malt beverage retailer's off-premise permit. The restrictions in this code relating to malt beverages as to the application of local restrictions, sales to minors and intoxicated persons, and age of employees apply to the sale of alcoholic beverages by a wine and malt beverage retailer's off-premise permittee.

  4. Tex. Alcoholic Beverage Code Sec. 26.05. WARNING SIGN REQUIRED.

  5. Tex. Alcoholic Beverage Code Sec. 26.08. SAMPLING EVENT.

Chapter 28

  1. Tex. Alcoholic Beverage Code Sec. 28.01. AUTHORIZED ACTIVITIES.

  2. Tex. Alcoholic Beverage Code Sec. 28.03. INFORMATION REQUIRED OF APPLICANTS. In addition to the information required of applicants for permits under this code, the applicant for a mixed beverage permit must file with his original and renewal application a sworn statement in a form prescribed by the commission or administrator containing the following information:

  3. Tex. Alcoholic Beverage Code Sec. 28.04. CHANGE IN CORPORATE CONTROL.

  4. Tex. Alcoholic Beverage Code Sec. 28.05. RENEWAL OF PERMIT BY DESCENDANT OR SURVIVING SPOUSE. If the surviving spouse or surviving descendant of a holder of a mixed beverage permit qualifies as the successor in interest to the permit as provided in Section 11.10 of this code, the descendant or surviving spouse may continue to renew the permit by paying a renewal fee equal to the fee the permittee would be required to pay had he lived.

  5. Tex. Alcoholic Beverage Code Sec. 28.06. POSSESSION OF ALCOHOLIC BEVERAGE NOT COVERED BY INVOICE.

  6. Tex. Alcoholic Beverage Code Sec. 28.07. PURCHASE AND TRANSPORTATION OF ALCOHOLIC BEVERAGES.

  7. Tex. Alcoholic Beverage Code Sec. 28.08. REFILLING CONTAINERS PROHIBITED. No holder of a mixed beverage permit may refill with any substance a container which contained distilled spirits on which the tax prescribed in Section 201.03 of this code has been paid.

  8. Tex. Alcoholic Beverage Code Sec. 28.081. SUBSTITUTION OF BRAND WITHOUT CONSENT OF CONSUMER PROHIBITED.

  9. Tex. Alcoholic Beverage Code Sec. 28.09. INVALIDATION OF STAMP.

  10. Tex. Alcoholic Beverage Code Sec. 28.10. CONSUMPTION RESTRICTED TO PREMISES; EXCEPTIONS.

  11. Tex. Alcoholic Beverage Code Sec. 28.1001. PICKUP AND DELIVERY OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION.

  12. Tex. Alcoholic Beverage Code Sec. 28.101. PUBLIC CONSUMPTION.

  13. Tex. Alcoholic Beverage Code Sec. 28.11. BREACH OF PEACE. The commission or administrator may suspend or cancel a mixed beverage permit after giving the permittee notice and the opportunity to show compliance with all requirements of law for the retention of the permit if it finds that a breach of the peace has occurred on the licensed premises or on premises under the control of the permittee and that the breach of the peace was not beyond the control of the permittee and resulted from his improper supervision of persons permitted to be on the licensed premises or on premises under his control.

  14. Tex. Alcoholic Beverage Code Sec. 28.12. SALE OF MALT BEVERAGES TO PERMITTEE. The sale of malt beverages to a mixed beverage permittee by a local distributor's permittee or by a licensee authorized to sell them for resale is subject to the provisions of Section 61.73 of this code.

  15. Tex. Alcoholic Beverage Code Sec. 28.135. DESIGNATION OF LICENSED PREMISES FOR PERMITS COVERING CERTAIN COUNTY-OWNED FACILITIES.

  16. Tex. Alcoholic Beverage Code Sec. 28.14. MERGER OR CONSOLIDATION OF CORPORATIONS HOLDING MIXED BEVERAGE PERMITS. When two or more corporations which have substantially similar ownership and which hold mixed beverage permits issued by the commission merge or consolidate and pay to the commission a $100 fee for each licensed premises, the surviving corporation shall succeed to all the privileges of such corporations in the permits held by such corporations provided the surviving corporation is qualified to hold such permits under this code. For purposes of this section, two corporations have substantially similar ownership if 90 percent or more of both corporations is owned by the same persons.

  17. Tex. Alcoholic Beverage Code Sec. 28.15. STAMPS.

  18. Tex. Alcoholic Beverage Code Sec. 28.151. POSSESSION OF CERTAIN STAMPS. A mixed beverage permittee may not possess a stamp used to show payment of a tax unless the stamp is affixed to a bottle or container of liquor.

  19. Tex. Alcoholic Beverage Code Sec. 28.16. PERMIT INELIGIBILITY. A mixed beverage permit may not be issued to:

  20. Tex. Alcoholic Beverage Code Sec. 28.17. SUMMARY SUSPENSION.

  21. Tex. Alcoholic Beverage Code Sec. 28.18. FOOD AND BEVERAGE CERTIFICATE.

  22. Tex. Alcoholic Beverage Code Sec. 28.19. SALES AT TEMPORARY LOCATION.

  23. Tex. Alcoholic Beverage Code Sec. 28.20. TEMPORARY SALES AT CERTAIN RACING FACILITIES.

  24. Tex. Alcoholic Beverage Code Sec. 28.21. TRAINING PROGRAM ON OPIOID-RELATED DRUG OVERDOSE.

Chapter 29

  1. Tex. Alcoholic Beverage Code Sec. 29.01. ELIGIBLE PERMIT AND LICENSE HOLDERS. A retailer late hours certificate may be issued to the holder of a mixed beverage permit, private club registration permit, or retail dealer's on-premise license.

  2. Tex. Alcoholic Beverage Code Sec. 29.02. AUTHORIZED ACTIVITIES. The holder of a retailer late hours certificate may sell or serve the alcoholic beverages the holder is authorized to sell or serve under its primary permit or license on Sunday between the hours of 1:00 a.m. and 2 a.m. and on any other day between the hours of 12 midnight and 2 a.m. if the premises covered by the license or permit are in an area where the sale or service of those alcoholic beverages during those hours is authorized by this code.

  3. Tex. Alcoholic Beverage Code Sec. 29.03. ISSUANCE OF CERTIFICATE AUTHORIZED FOR CERTAIN AREAS.

Chapter 30

  1. Tex. Alcoholic Beverage Code Sec. 30.01. DEFINITION. In this chapter, "nonprofit entity" means:

  2. Tex. Alcoholic Beverage Code Sec. 30.02. AUTHORIZED ACTIVITIES. The holder of a nonprofit entity temporary event permit may sell for consumption on the premises for which the permit is issued any alcoholic beverage that is authorized to be sold where the event is held.

  3. Tex. Alcoholic Beverage Code Sec. 30.03. ISSUANCE OF PERMIT. The commission may issue a nonprofit entity temporary event permit to a nonprofit entity for the sale of alcoholic beverages at an event sponsored by the permit holder including picnics, celebrations, or similar events.

  4. Tex. Alcoholic Beverage Code Sec. 30.04. NOTATION OF DATES PERMIT IS VALID. When issuing a nonprofit entity temporary event permit under this chapter, the commission shall, on the face of the permit, indicate the dates on which the permit is valid.

  5. Tex. Alcoholic Beverage Code Sec. 30.05. PURCHASE OF DISTILLED SPIRITS. Distilled spirits sold by the holder of a nonprofit entity temporary event permit must be purchased from the holder of a local distributor's permit.

  6. Tex. Alcoholic Beverage Code Sec. 30.06. AUCTION OF ALCOHOLIC BEVERAGES.

  7. Tex. Alcoholic Beverage Code Sec. 30.07. APPLICATION OF OTHER LAW. Section 11.39 does not apply to an applicant for a nonprofit entity temporary event permit.

  8. Tex. Alcoholic Beverage Code Sec. 30.08. ADOPTION OF RULES. The commission shall adopt rules which it determines to be necessary to implement and administer the provisions of this chapter, including:

  9. Tex. Alcoholic Beverage Code Sec. 30.09. EVENTS IN DRY AREA.

Chapter 32

  1. Tex. Alcoholic Beverage Code Sec. 32.01. AUTHORIZED ACTIVITIES.

  2. Tex. Alcoholic Beverage Code Sec. 32.03. QUALIFICATIONS FOR PERMIT.

  3. Tex. Alcoholic Beverage Code Sec. 32.04. APPLICATIONS FOR PERMITS; RENEWALS.

  4. Tex. Alcoholic Beverage Code Sec. 32.05. LOCKER SYSTEM. The locker system of storage is a system whereby the club rents a locker to a member in which he may store alcoholic beverages for consumption by himself and his guests. All alcoholic beverages stored at a club under the locker system must be purchased and owned by the member individually.

  5. Tex. Alcoholic Beverage Code Sec. 32.06. POOL SYSTEM.

  6. Tex. Alcoholic Beverage Code Sec. 32.07. DISPLAY OF PERMIT. A private club registration permit shall be displayed in a conspicuous place at all times on the licensed premises.

  7. Tex. Alcoholic Beverage Code Sec. 32.08. PURCHASE AND TRANSPORTATION OF ALCOHOLIC BEVERAGES.

  8. Tex. Alcoholic Beverage Code Sec. 32.09. TEMPORARY MEMBERS.

  9. Tex. Alcoholic Beverage Code Sec. 32.10. GUESTS.

  10. Tex. Alcoholic Beverage Code Sec. 32.11. FRATERNAL AND VETERANS ORGANIZATIONS.

  11. Tex. Alcoholic Beverage Code Sec. 32.12. INSPECTION OF PREMISES. The acceptance of a private club registration permit constitutes an express agreement and consent on the part of the private club that any authorized representative of the commission or any peace officer has the right and privilege to freely enter the club premises at any time to conduct an investigation or to inspect the premises for the purpose of performing a duty imposed by this code.

  12. Tex. Alcoholic Beverage Code Sec. 32.13. INSPECTION OF BOOKS AND RECORDS. All books and records pertaining to the operation of any permittee club, including a current listing, correct to the last day of the preceding month, of all members of the club who have liquor stored on the club premises under either the locker or pool system, shall be made available to the commission or its authorized representatives on request.

  13. Tex. Alcoholic Beverage Code Sec. 32.14. UNREGISTERED CLUBS; PROHIBITED ACTIVITIES.

  14. Tex. Alcoholic Beverage Code Sec. 32.15. REMOVAL OF BEVERAGES FROM PREMISES. A private club, irrespective of location or system of storage of alcoholic beverages, may not permit any person to remove any alcoholic beverages from the club premises, except:

  15. Tex. Alcoholic Beverage Code Sec. 32.155. PICKUP AND DELIVERY OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION.

  16. Tex. Alcoholic Beverage Code Sec. 32.16. UNAUTHORIZED MEMBERSHIP. No private club registration permittee may allow its average membership to exceed that authorized by its permit.

  17. Tex. Alcoholic Beverage Code Sec. 32.17. CANCELLATION OR SUSPENSION OF PERMIT; GROUNDS.

  18. Tex. Alcoholic Beverage Code Sec. 32.18. APPEALS FROM ORDERS OF COMMISSION OR ADMINISTRATOR. An appeal from an order of the commission or administrator refusing, cancelling, or suspending a private club registration permit shall be taken to the district court of the county in which the private club is located. The proceeding on appeal shall be under the substantial evidence rule. The rules applicable to ordinary civil suits apply, with the following exceptions, which shall be construed literally:

  19. Tex. Alcoholic Beverage Code Sec. 32.19. AIDING OR ABETTING VIOLATION. A person who commits, assists, aids, or abets a violation of this chapter commits an offense.

  20. Tex. Alcoholic Beverage Code Sec. 32.20. STAMPS.

  21. Tex. Alcoholic Beverage Code Sec. 32.201. POSSESSION OF CERTAIN STAMPS. A private club registration permittee may not possess a stamp used to show payment of a tax unless the stamp is affixed to a bottle or container of liquor.

  22. Tex. Alcoholic Beverage Code Sec. 32.21. PERMIT INELIGIBILITY. A private club registration permit may not be issued to:

  23. Tex. Alcoholic Beverage Code Sec. 32.22. SUMMARY SUSPENSION.

  24. Tex. Alcoholic Beverage Code Sec. 32.23. FOOD AND BEVERAGE CERTIFICATE.

  25. Tex. Alcoholic Beverage Code Sec. 32.24. BREACH OF PEACE. The commission or administrator may suspend or cancel a private club registration permit after giving the holder notice and the opportunity to show compliance with the requirements of law for the retention of the permit if the commission or administrator finds that:

  26. Tex. Alcoholic Beverage Code Sec. 32.25. SALES AT TEMPORARY LOCATION.

  27. Tex. Alcoholic Beverage Code Sec. 32.26. TRAINING PROGRAM ON OPIOID-RELATED DRUG OVERDOSE.

Chapter 35

  1. Tex. Alcoholic Beverage Code Sec. 35.01. AUTHORIZED ACTIVITIES.

  2. Tex. Alcoholic Beverage Code Sec. 35.05. SAMPLES. An agent may not transport or carry liquor as samples, but may carry or display empty sample containers.

  3. Tex. Alcoholic Beverage Code Sec. 35.06. INELIGIBILITY TO SERVE AS NONRESIDENT SELLER'S AGENT. A person acting as an agent under this chapter may not act as a nonresident seller's agent under Chapter 36.

  4. Tex. Alcoholic Beverage Code Sec. 35.07. UNAUTHORIZED REPRESENTATION. An agent in soliciting or taking orders for the sale of liquor may not represent that the agent is an agent of any person other than the person who employs the agent or who has authorized the agent to represent the person.

Chapter 36

  1. Tex. Alcoholic Beverage Code Sec. 36.01. AUTHORIZED ACTIVITIES.

  2. Tex. Alcoholic Beverage Code Sec. 36.04. INELIGIBILITY TO SERVE AS AN AGENT. A person acting as a nonresident seller's agent may not act as an agent under Chapter 35.

  3. Tex. Alcoholic Beverage Code Sec. 36.05. SAMPLES. A nonresident seller's agent may not transport or carry liquor as samples, but may carry or display empty sample containers.

  4. Tex. Alcoholic Beverage Code Sec. 36.06. SOLICITATION FROM HOLDER OF MIXED BEVERAGE OR PRIVATE CLUB PERMIT. A nonresident seller's agent may not solicit business directly or indirectly from a holder of a mixed beverage permit or a private club registration permit unless the agent is accompanied by the holder of a wholesaler's permit or the wholesaler's agent.

  5. Tex. Alcoholic Beverage Code Sec. 36.07. UNAUTHORIZED REPRESENTATION. A nonresident seller's agent in soliciting or taking orders for the sale of liquor may not represent that the agent is an agent of a person other than the person who employs the agent or who has authorized the agent to represent the person.

  6. Tex. Alcoholic Beverage Code Sec. 36.08. RESTRICTION AS TO SOURCE OF SUPPLY. A nonresident seller's agent may not represent a person with respect to an alcoholic beverage unless the person represented is the primary American source of supply of the beverage as defined in Section 37.10.

Chapter 37

  1. Tex. Alcoholic Beverage Code Sec. 37.01. AUTHORIZED ACTIVITIES.

  2. Tex. Alcoholic Beverage Code Sec. 37.011. OPERATING AGREEMENT WITH IN-STATE DISTILLERY.

  3. Tex. Alcoholic Beverage Code Sec. 37.03. PERMIT REQUIRED. A nonresident seller's permit is required of any distillery, winery, importer, broker, or person who sells liquor to permittees authorized to import liquor into this state, regardless of whether the sale is consummated inside or outside the state.

  4. Tex. Alcoholic Beverage Code Sec. 37.05. APPOINTMENT OF AGENT FOR SERVICE OF NOTICE.

  5. Tex. Alcoholic Beverage Code Sec. 37.06. DESIGNATION OF AGENTS. Every holder of a nonresident seller's permit shall designate, in the manner required by the commission and on forms prescribed by it, those persons authorized as agents to represent the permittee in this state. The failure to do so is a violation of this code.

  6. Tex. Alcoholic Beverage Code Sec. 37.07. PROHIBITED ACTIVITIES.

  7. Tex. Alcoholic Beverage Code Sec. 37.08. CANCELLATION OR SUSPENSION: NOTICE TO IMPORTERS. When a nonresident seller's permit is cancelled or suspended, the commission shall immediately notify in writing all permittees authorized to import liquor into the state.

  8. Tex. Alcoholic Beverage Code Sec. 37.09. RESTRICTION ON IMPORTATION. No person who holds a permit authorizing the importation of liquor, nor his agent or employee, may purchase or order liquor for importation from any person other than a nonresident seller's permittee. An importer may not purchase or order liquor from a nonresident seller's permittee whose permit is under suspension after the importer has received notice of the suspension.

  9. Tex. Alcoholic Beverage Code Sec. 37.10. RESTRICTION AS TO SOURCE OF SUPPLY.

  10. Tex. Alcoholic Beverage Code Sec. 37.12. INSPECTION OF RECORDS, DOCUMENTS, ETC.

  11. Tex. Alcoholic Beverage Code Sec. 37.13. SOLICITATION FROM HOLDER OF MIXED BEVERAGE OR PRIVATE CLUB PERMIT. A holder of a nonresident seller's permit may not solicit business directly or indirectly from a holder of a mixed beverage permit or a private club registration permit unless he is accompanied by the holder of a wholesaler's permit or the wholesaler's agent.

  12. Tex. Alcoholic Beverage Code Sec. 37.14. MONTHLY REPORTS. The commission shall promulgate rules requiring holders of nonresident seller's permits to file monthly reports of liquor sold to persons within this state. The reports shall be supported by copies of invoices. The commission shall prescribe and furnish forms for this purpose.

Chapter 38

  1. Tex. Alcoholic Beverage Code Sec. 38.01. AUTHORIZED ACTIVITIES.

  2. Tex. Alcoholic Beverage Code Sec. 38.05. OTHER CODE PROVISIONS INAPPLICABLE. The provisions of this code do not apply to alcohol intended for industrial, medicinal, mechanical, or scientific purposes.

  3. Tex. Alcoholic Beverage Code Sec. 38.06. ACTIVITIES TAX FREE. The taxes imposed by this code do not apply to activities authorized in Section 38.01.

Chapter 41

  1. Tex. Alcoholic Beverage Code Sec. 41.01. AUTHORIZED ACTIVITIES.

  2. Tex. Alcoholic Beverage Code Sec. 41.03. ELIGIBILITY FOR PERMIT. A carrier permit may be issued to:

  3. Tex. Alcoholic Beverage Code Sec. 41.04. REQUIRED INFORMATION. The holder of a carrier permit shall furnish information required by the commission concerning the transportation of liquor.

  4. Tex. Alcoholic Beverage Code Sec. 41.05. TRANSPORTATION OF WINE OUT OF STATE. At the request of a holder of a winery permit, a common carrier that does not hold a carrier permit may transport wine from the premises of the holder of the winery permit or from another location where the holder of a winery permit may legally store wine to a destination out of this state, if the common carrier may otherwise legally transport wine and the holder of the winery permit furnishes to the commission any documentation required by the commission concerning the transportation and the receipt of the wine at the destination out of this state.

Chapter 43

  1. Tex. Alcoholic Beverage Code Sec. 43.01. AUTHORIZED ACTIVITIES.

  2. Tex. Alcoholic Beverage Code Sec. 43.03. PERMIT REQUIRED. No person may transport liquor for hire inside a city or town unless he holds a local cartage permit. No person may transport liquor in violation of the motor carrier laws of this state.

  3. Tex. Alcoholic Beverage Code Sec. 43.04. ELIGIBILITY FOR PERMIT. The commission may issue a local cartage permit to a warehouse or transfer company or to a holder of a package store, wine only package store, wine and beer retailer's, or local distributor's permit.

  4. Tex. Alcoholic Beverage Code Sec. 43.05. VEHICLES USED BY PERMITTEE.

  5. Tex. Alcoholic Beverage Code Sec. 43.06. CERTAIN TRANSPORTATION PROHIBITED. No holder of a local cartage permit may for hire transport liquor between incorporated cities or towns in this state.

Chapter 46

  1. Tex. Alcoholic Beverage Code Sec. 46.01. AUTHORIZED ACTIVITIES. The holder of a bonded warehouse permit may store liquor for any permittee who holds a permit authorizing its storage in a public bonded warehouse.

  2. Tex. Alcoholic Beverage Code Sec. 46.03. QUALIFICATIONS FOR PERMIT.

  3. Tex. Alcoholic Beverage Code Sec. 46.04. STORAGE INFORMATION. The holder of a bonded warehouse permit shall furnish such information concerning the liquor stored and withdrawn as may be required by the commission.

Chapter 48

  1. Tex. Alcoholic Beverage Code Sec. 48.01. AUTHORIZED ACTIVITIES. A passenger transportation permit authorizes the permit holder to sell or serve the types of alcoholic beverages specifically authorized by this chapter.

  2. Tex. Alcoholic Beverage Code Sec. 48.02. PERMIT FOR EXCURSION BOAT.

  3. Tex. Alcoholic Beverage Code Sec. 48.03. PERMIT FOR AIRLINE.

  4. Tex. Alcoholic Beverage Code Sec. 48.04. PERMIT FOR PASSENGER TRAIN.

  5. Tex. Alcoholic Beverage Code Sec. 48.05. PERMIT FOR PASSENGER BUS.

Chapter 50

  1. Tex. Alcoholic Beverage Code Sec. 50.001. AUTHORIZED ACTIVITIES. The holder of a promotional permit may, on behalf of a distiller, brewer, rectifier, or winery with whom the promotional permit holder has entered into a contract for the purposes of this chapter, engage in activities to promote and enhance the sale of an alcoholic beverage in this state, including activities that take place on the premises of the holder of a permit or license under this code.

  2. Tex. Alcoholic Beverage Code Sec. 50.003. PROHIBITED ACTIVITIES. The holder of a promotional permit may not hold an interest, directly or indirectly, in a permit or license issued under this code other than a contract to promote and enhance the sale of alcoholic beverages as authorized by this chapter.

  3. Tex. Alcoholic Beverage Code Sec. 50.004. NONAPPLICABILITY OF CERTAIN REQUIREMENTS TO PERMIT HOLDER. Notwithstanding Section 6.03, 11.46, 11.61, or 109.53, or any other law, the holder of a promotional permit is not required to be a resident of this state.

Chapter 51

  1. Tex. Alcoholic Beverage Code Sec. 51.02. AUTHORIZED ACTIVITIES. The holder of a mixed beverage permit issued for operation in a hotel may sell the following alcoholic beverages out of a minibar:

  2. Tex. Alcoholic Beverage Code Sec. 51.03. LIMITED ACCESS TO MINIBAR.

  3. Tex. Alcoholic Beverage Code Sec. 51.04. STOCKING RESTRICTIONS.

  4. Tex. Alcoholic Beverage Code Sec. 51.06. PROHIBITED INTERESTS. The holder of a mixed beverage permit who operates a minibar may not have a direct or indirect interest in a package store permit, and a package store may not be located on the premises of a hotel in which a mixed beverage permittee operates a minibar.

  5. Tex. Alcoholic Beverage Code Sec. 51.07. MIXED BEVERAGE PERMIT IS PRIMARY. All purchases made by a holder of a mixed beverage permit who operates a minibar shall be made under the authority of and subject to the limitations imposed on the mixed beverage permit held by the permittee. All sales shall, for tax purposes, be considered sales under the mixed beverage permit held by the permittee and shall be taxed accordingly. To ensure that the marketing of alcoholic beverages for stocking minibars is not used by suppliers for purposes of inducement or unauthorized or illegal advertising, it is further provided that:

  6. Tex. Alcoholic Beverage Code Sec. 51.08. DISTILLED SPIRITS PURCHASES. Distilled spirits purchased for resale in a minibar must be purchased in unbroken cases, and the cases shall bear the appropriate identification stamps.

  7. Tex. Alcoholic Beverage Code Sec. 51.09. COIN-OPERATED MACHINES PROHIBITED. Nothing in this chapter shall be construed as authorizing nor may the commission or administrator authorize the sale of any alcoholic beverage from a coin-operated machine or similar device operated by the consumer.

  8. Tex. Alcoholic Beverage Code Sec. 51.10. COMMISSION MAY ADOPT RULES. The commission may adopt rules necessary to regulate the use and operation of minibars.

Chapter 54

  1. Tex. Alcoholic Beverage Code Sec. 54.01. AUTHORIZED ACTIVITIES. The holder of an out-of-state winery direct shipper's permit may sell and deliver wine that is produced or bottled by the permittee to an ultimate consumer located in the State of Texas. Delivery must be by the holder of a carrier permit.

  2. Tex. Alcoholic Beverage Code Sec. 54.02. PROHIBITED ACTIVITIES. The holder of an out-of-state winery direct shipper's permit may not:

  3. Tex. Alcoholic Beverage Code Sec. 54.03. QUALIFICATIONS FOR PERMIT. An out-of-state winery direct shipper's permit may only be issued to a person who:

  4. Tex. Alcoholic Beverage Code Sec. 54.05. IDENTIFICATION REQUIREMENTS.

  5. Tex. Alcoholic Beverage Code Sec. 54.06. REPORTS AND RECORDKEEPING.

  6. Tex. Alcoholic Beverage Code Sec. 54.07. LIABILITY FOR AND PAYMENT OF TAXES.

  7. Tex. Alcoholic Beverage Code Sec. 54.08. RESALE PROHIBITED. A consumer purchasing wine from the holder of an out-of-state winery direct shipper's permit may not resell the wine, and any such wine that is resold is an illicit beverage as defined in Section 1.04(4).

  8. Tex. Alcoholic Beverage Code Sec. 54.09. DELIVERY AREAS. Wine shipped under this chapter may be delivered to persons located in a dry area.

  9. Tex. Alcoholic Beverage Code Sec. 54.10. WINE LABEL APPROVAL NOT REQUIRED. If the holder of an out-of-state winery direct shipper's permit has satisfied all federal label approval requirements for a particular brand of wine, then no further label approval shall be required by the commission.

  10. Tex. Alcoholic Beverage Code Sec. 54.11. RULES. The commission shall adopt rules and forms necessary to implement this chapter.

  11. Tex. Alcoholic Beverage Code Sec. 54.12. PENALTY FOR SHIPPING WITHOUT A PERMIT. Any person who does not hold an out-of-state winery direct shipper's permit who sells and ships alcohol from outside of Texas to an ultimate consumer in Texas commits on first offense a Class B misdemeanor, on second offense a Class A misdemeanor, and on third offense a state jail felony.

Chapter 55

  1. Tex. Alcoholic Beverage Code Sec. 55.01. AUTHORIZED ACTIVITIES.

  2. Tex. Alcoholic Beverage Code Sec. 55.03. ELIGIBILITY FOR PERMIT. A manufacturer's agent's warehousing permit may be issued to an entity:

  3. Tex. Alcoholic Beverage Code Sec. 55.04. LOCATION OF PREMISES. The premises of a permit holder under this chapter must be located in an area that is wet for the sale of malt beverages.

  4. Tex. Alcoholic Beverage Code Sec. 55.05. REPORTING REQUIREMENTS. The commission shall require monthly reports from a permit holder under this chapter showing the brands, types, sizes of containers, and quantities of malt beverages received at and shipped from the premises to persons authorized to receive them. The reports must conform in all respects to the requirements and forms prescribed by the commission and contain any other information required by the commission.

Chapter 56

  1. Tex. Alcoholic Beverage Code Sec. 56.01. AUTHORIZED ACTIVITIES. Notwithstanding any other provision of this code, the holder of two or more water park permits may deliver alcoholic beverages from any premises for which one of those permits has been issued to any other premises for which one of those permits has been issued.

  2. Tex. Alcoholic Beverage Code Sec. 56.02. QUALIFICATIONS FOR PERMIT; ELIGIBLE PREMISES.

  3. Tex. Alcoholic Beverage Code Sec. 56.04. APPLICABILITY OF OTHER LAW. Except as otherwise provided in this chapter, the provisions of this code applicable to a wine and malt beverage retailer's permit apply to a water park permit.

Chapter 57

  1. Tex. Alcoholic Beverage Code Sec. 57.01. AUTHORIZED ACTIVITIES.

  2. Tex. Alcoholic Beverage Code Sec. 57.02. DETERMINATION OF DELIVERY AREA.

  3. Tex. Alcoholic Beverage Code Sec. 57.03. FEE. The commission by rule shall establish the annual state fee for a consumer delivery permit.

  4. Tex. Alcoholic Beverage Code Sec. 57.04. ELIGIBILITY FOR PERMIT. A consumer delivery permit may be issued to:

  5. Tex. Alcoholic Beverage Code Sec. 57.05. DELIVERY DRIVER REQUIREMENTS. A consumer delivery permit holder under this chapter may not contract with or employ a person to make a delivery under this chapter unless the person:

  6. Tex. Alcoholic Beverage Code Sec. 57.06. DELIVERY OF ALCOHOLIC BEVERAGES TO CONSUMER.

  7. Tex. Alcoholic Beverage Code Sec. 57.07. RETAILER RESPONSIBILITY.

  8. Tex. Alcoholic Beverage Code Sec. 57.08. RESPONSIBILITY OF HOLDER OF CONSUMER DELIVERY PERMIT.

  9. Tex. Alcoholic Beverage Code Sec. 57.09. DELIVERY TRAINING PROGRAM AND VERIFICATION SYSTEMS.

Chapter 58

  1. Tex. Alcoholic Beverage Code Sec. 58.001. AUTHORIZED ACTIVITIES. A nonresident brewer's agent may:

  2. Tex. Alcoholic Beverage Code Sec. 58.002. RESTRICTION AS TO REPRESENTATION.

  3. Tex. Alcoholic Beverage Code Sec. 58.003. AUTHORIZATION BY NONRESIDENT BREWER REQUIRED. A nonresident brewer's agent must be authorized to act as the agent of a nonresident brewer the person proposes to represent.

  4. Tex. Alcoholic Beverage Code Sec. 58.004. TERRITORIAL AGREEMENT NOT AFFECTED. Nothing in this chapter affects a territorial agreement entered into under Subchapter C, Chapter 102.

  5. Tex. Alcoholic Beverage Code Sec. 58.005. RESPONSIBILITY FOR AGENT'S ACTIONS. A nonresident brewer is responsible for any action taken by a nonresident brewer's agent in the course of the agent's representation of the nonresident brewer under this chapter to the same extent and in the same manner as if the action had been taken by the nonresident brewer.

Chapter 61

  1. Tex. Alcoholic Beverage Code Sec. 61.01. LICENSE REQUIRED. A person may not brew malt beverages for the purpose of sale, import malt beverages into this state, distribute or sell malt beverages, or possess malt beverages for the purpose of sale without having first obtained an appropriate license or permit as provided in this code. Each licensee shall display the license at all times in a conspicuous place at the licensed place of business.

  2. Tex. Alcoholic Beverage Code Sec. 61.02. NATURE OF LICENSE; SUCCESSION ON DEATH, BANKRUPTCY, ETC.

  3. Tex. Alcoholic Beverage Code Sec. 61.03. EXPIRATION OR SUSPENSION OF LICENSE.

  4. Tex. Alcoholic Beverage Code Sec. 61.031. NOTIFICATION OF EXPIRED OR SUSPENDED LICENSE.

  5. Tex. Alcoholic Beverage Code Sec. 61.04. LICENSE NOT ASSIGNABLE. No holder of a license may assign his license to another person.

  6. Tex. Alcoholic Beverage Code Sec. 61.05. NAME OF BUSINESS. A person may not conduct a business engaged in the brewing, distribution, importation, or sale of malt beverages as owner or part owner except under the name to which the license covering the person's place of business is issued.

  7. Tex. Alcoholic Beverage Code Sec. 61.06. PRIVILEGES LIMITED TO LICENSED PREMISES; DELIVERIES. A person licensed to sell malt beverages, other than a brewer or distributor, may not use or display a license or exercise a privilege granted by the license except at the licensed premises. Deliveries of malt beverages and collections may be made off the licensed premises in areas where the sale of malt beverages is legal inside the county where the license is issued, but only in response to orders placed by the customer in person at the licensed premises or by mail or telephone to the licensed premises.

  8. Tex. Alcoholic Beverage Code Sec. 61.07. AGENT FOR SERVICE. Each brewer, distributor, or person shipping or delivering malt beverages into this state shall file a certificate with the secretary of state designating the name, street address, and business of the person's agent on whom process may be served. If a certificate is not filed, service may be had on the secretary of state in any cause of action arising out of a violation of this code, and the secretary of state shall send any citation served on the secretary by registered mail, return receipt requested, to the person for whom the citation is intended. The receipt is prima facie evidence of service on the person.

  9. Tex. Alcoholic Beverage Code Sec. 61.08. STATEMENT OF STOCK OWNERSHIP. The commission at any time may require an officer of a corporation holding a license to file a sworn statement showing the actual owners of the stock of the corporation, the amount of stock owned by each, the officers of the corporation, and any information concerning the qualifications of the officers or stockholders.

  10. Tex. Alcoholic Beverage Code Sec. 61.09. CHANGE OF LOCATION. If a licensee desires to change the licensee's place of business, the licensee may do so by applying to the commission on a form prescribed by the commission and obtaining the commission's consent. The application may be subject to protest and hearing in the same way as an application for an original license. No additional license fee for the unexpired term of the license shall be required in the case of an application for a change of location.

  11. Tex. Alcoholic Beverage Code Sec. 61.10. REPLACEMENT OF LICENSE. If a license is mutilated or destroyed, the commission or administrator may issue another license as a replacement in a manner acceptable to the commission or administrator.

  12. Tex. Alcoholic Beverage Code Sec. 61.111. HEALTH RISKS WARNING SIGN.

  13. Tex. Alcoholic Beverage Code Sec. 61.12. RESTRICTION ON CONSUMPTION. A licensee other than a holder of a license authorizing on-premises consumption of malt beverages may not permit malt beverages to be consumed on the premises where they are sold.

  14. Tex. Alcoholic Beverage Code Sec. 61.13. CONDUCT SURETY BOND.

  15. Tex. Alcoholic Beverage Code Sec. 61.14. ALTERING FORM OF BUSINESS ENTITY.

  16. Tex. Alcoholic Beverage Code Sec. 61.15. CERTAIN APPLICATIONS PROHIBITED. Section 11.13 applies to an application for a license under this subtitle.

  17. Tex. Alcoholic Beverage Code Sec. 61.16. UNAUTHORIZED USE OF LICENSE. A licensee may not consent to or allow the use or display of the licensee's license by a person other than the person to whom the license was issued.

  18. Tex. Alcoholic Beverage Code Sec. 61.31. APPLICATION FOR LICENSE.

  19. Tex. Alcoholic Beverage Code Sec. 61.313. PROTEST BY MEMBER OF THE PUBLIC.

  20. Tex. Alcoholic Beverage Code Sec. 61.314. PROTEST BY GOVERNMENT OFFICIAL.

  21. Tex. Alcoholic Beverage Code Sec. 61.34. APPEAL FROM DENIAL.

  22. Tex. Alcoholic Beverage Code Sec. 61.35. LICENSE FEES.

  23. Tex. Alcoholic Beverage Code Sec. 61.36. LOCAL FEE AUTHORIZED.

  24. Tex. Alcoholic Beverage Code Sec. 61.37. CERTIFICATION OF WET OR DRY STATUS.

  25. Tex. Alcoholic Beverage Code Sec. 61.38. NOTICE OF APPLICATION.

  26. Tex. Alcoholic Beverage Code Sec. 61.381. NOTICE BY SIGN.

  27. Tex. Alcoholic Beverage Code Sec. 61.382. NOTICE BY MAIL.

  28. Tex. Alcoholic Beverage Code Sec. 61.40. PREMISES INELIGIBLE FOR LICENSE. Section 11.44 of this code, which describes certain premises that are ineligible for a license, applies to licenses issued under this subtitle.

  29. Tex. Alcoholic Beverage Code Sec. 61.41. SECOND LICENSE AT SAME LOCATION; EFFECT ON EXISTING LICENSE.

  30. Tex. Alcoholic Beverage Code Sec. 61.42. MANDATORY GROUNDS FOR DENIAL: DISTRIBUTOR OR RETAILER.

  31. Tex. Alcoholic Beverage Code Sec. 61.421. DENIAL OF LICENSE AUTHORIZING ON-PREMISES CONSUMPTION.

  32. Tex. Alcoholic Beverage Code Sec. 61.43. DISCRETIONARY GROUNDS FOR DENIAL: DISTRIBUTOR OR RETAILER. The commission may deny an application for a license as a distributor or retailer if the commission has reasonable grounds to believe and finds that:

  33. Tex. Alcoholic Beverage Code Sec. 61.44. DENIAL OF DISTRIBUTOR'S OR RETAILER'S LICENSE: PROHIBITED INTERESTS.

  34. Tex. Alcoholic Beverage Code Sec. 61.45. DENIAL OF RETAILER'S OR DISTRIBUTOR'S LICENSE: PROHIBITED INTEREST IN PREMISES.

  35. Tex. Alcoholic Beverage Code Sec. 61.46. BREWER'S LICENSE: GROUNDS FOR DENIAL.

  36. Tex. Alcoholic Beverage Code Sec. 61.48. RENEWAL APPLICATION. An application to renew a license shall be filed with the commission not earlier than the 30th day before the date the license expires but not after it expires. The application shall be signed by the applicant and shall contain complete information required by the commission showing that the applicant is not disqualified from holding a license. The application shall be accompanied by the appropriate license fee. An applicant for a renewal may not be required to pay any fee other than license fees and the filing fee.

  37. Tex. Alcoholic Beverage Code Sec. 61.49. ACTION ON RENEWAL APPLICATION BY COMMISSION; REFUND OF FEE. When the renewal application has been filed in accordance with Section 61.48, the commission shall follow the procedure under Section 11.43.

  38. Tex. Alcoholic Beverage Code Sec. 61.50. RENEWAL OF RETAIL DEALER'S LICENSE: GROUNDS FOR DENIAL. The commission may deny an application for a renewal of a retail dealer's license and require the applicant to make an original application if it is found that circumstances exist which would warrant the denial of an original application under any pertinent provision of this code.

  39. Tex. Alcoholic Beverage Code Sec. 61.51. PREMISES DEFINED; DESIGNATION OF LICENSED PREMISES. "Premises" is defined in Section 11.49 of this code. The designating of licensed premises by license applicants is also covered by that section.

  40. Tex. Alcoholic Beverage Code Sec. 61.52. ADMINISTRATIVE PENALTY IN CERTAIN COUNTIES. Section 11.321 applies to an original or renewal application for a retail dealer's on-premise license, other than a license with a food and beverage certificate, for an establishment located in a county with a population of 1.4 million or more.

  41. Tex. Alcoholic Beverage Code Sec. 61.71. GROUNDS FOR CANCELLATION OR SUSPENSION: RETAIL DEALER.

  42. Tex. Alcoholic Beverage Code Sec. 61.711. RETAIL DEALER: CONVICTION OF OFFENSE RELATING TO DISCRIMINATION. The commission or administrator may suspend for not more than 60 days or cancel an original or renewal retail dealer's on- or off-premise license if it is found after notice and hearing that:

  43. Tex. Alcoholic Beverage Code Sec. 61.712. GROUNDS FOR CANCELLATION OR SUSPENSION: SALES TAX. The commission may deny an application for a renewal license or, after notice and hearing, the commission or administrator may suspend for not more than 60 days or cancel a license if the commission or administrator finds that the licensee:

  44. Tex. Alcoholic Beverage Code Sec. 61.713. CANCELLATION FOR IMPROPER DISPLAY OR USE OF LICENSE. Notwithstanding Section 61.76 or 61.761, the commission or administrator shall cancel an original or renewal license if it is found, after notice and hearing, that the licensee was convicted of an offense under Section 101.76.

  45. Tex. Alcoholic Beverage Code Sec. 61.72. SUSPENSION OR CANCELLATION: RETAILER: PREMISES. Except for a violation of the credit or cash law, a penalty of suspension or cancellation of the license of a retail dealer shall be assessed against the license for the premises where the offense was committed.

  46. Tex. Alcoholic Beverage Code Sec. 61.721. CANCELLATION OF PERMIT OR LICENSE IN CERTAIN MUNICIPALITIES. The commission or administrator may cancel an original or a renewal wine and malt beverage retailer's permit or retail dealer's on-premise license and the commission may deny an application for any new alcoholic beverage permit or license for the same premises for one year after the date of cancellation if:

  47. Tex. Alcoholic Beverage Code Sec. 61.73. RETAIL DEALER: CREDIT PURCHASE OR DISHONORED CHECK.

  48. Tex. Alcoholic Beverage Code Sec. 61.74. GROUNDS FOR CANCELLATION OR SUSPENSION: DISTRIBUTOR.

  49. Tex. Alcoholic Beverage Code Sec. 61.75. SUSPENSION OF BREWER'S LICENSE. If a brewer violates a provision of this code or a rule of the commission, the commission or administrator may order the brewer to cease and desist from the violation and may suspend its license, after notice and hearing, until the licensee obeys the order.

  50. Tex. Alcoholic Beverage Code Sec. 61.76. SUSPENSION INSTEAD OF CANCELLATION. When a cause for the cancellation of a license is prescribed by this code, the commission or administrator has the discretionary authority to suspend the license for not more than 60 days rather than to cancel the license.

  51. Tex. Alcoholic Beverage Code Sec. 61.761. ALTERNATIVES TO SUSPENSION, CANCELLATION. Section 11.64 of this code relates to alternatives to the suspension or cancellation of a license.

  52. Tex. Alcoholic Beverage Code Sec. 61.77. CERTAIN ACTS ALSO VIOLATIONS OF CODE. Any act of omission or commission which is a ground for cancellation or suspension of a license under Section 61.71, 61.74, or 61.75 of this code is also a violation of this code, punishable as provided in Section 1.05 of this code, except that the penalty for making a false statement in an application for a license or in a statement, report, or other instrument to be filed with the commission, which is required to be sworn, is provided in Section 101.69 of this code.

  53. Tex. Alcoholic Beverage Code Sec. 61.78. VIOLATOR NOT EXCUSED BY CANCELLATION OR SUSPENSION. The cancellation or suspension of a license does not excuse the violator from the penalties provided in this code.

  54. Tex. Alcoholic Beverage Code Sec. 61.79. NOTICE OF HEARING: DENIAL, CANCELLATION, OR SUSPENSION OF LICENSE. Section 11.63 applies to notice of a hearing for the denial, cancellation, or suspension of a license.

  55. Tex. Alcoholic Beverage Code Sec. 61.80. HEARING FOR CANCELLATION OR SUSPENSION OF LICENSE. The commission or administrator, on the motion of either, may set a date for a hearing to determine if a license should be cancelled or suspended. The commission or administrator shall set a hearing on the petition of the mayor or chief of police of the city or town in which the licensed premises are located or of the county judge, sheriff, or county attorney of the county in which the licensed premises are located. The commission or administrator shall notify the licensee of the hearing and of his right to appear and show cause why his license should not be cancelled or suspended.

  56. Tex. Alcoholic Beverage Code Sec. 61.81. APPEAL FROM CANCELLATION OR SUSPENSION OF LICENSE. Section 11.67 applies to an appeal from a decision or order of the commission or administrator cancelling or suspending a license.

  57. Tex. Alcoholic Beverage Code Sec. 61.82. MAY NOT RESTRAIN SUSPENSION ORDER. No suit of any nature may be maintained in a court of this state to restrain the commission or administrator or any other officer from enforcing an order of suspension issued by the commission or administrator.

  58. Tex. Alcoholic Beverage Code Sec. 61.83. CANCELLATION OR SUSPENSION: WHEN EFFECTIVE. The manner in which the suspension or cancellation of a license takes effect is governed by Section 11.65 of this code.

  59. Tex. Alcoholic Beverage Code Sec. 61.84. ACTIVITIES PROHIBITED DURING CANCELLATION OR SUSPENSION.

  60. Tex. Alcoholic Beverage Code Sec. 61.85. DISPOSAL OF STOCK ON TERMINATION OF LICENSE.

  61. Tex. Alcoholic Beverage Code Sec. 61.86. DISCIPLINE FOR ACTIONS OF AGENT; RECORDS RETENTION.

  62. Tex. Alcoholic Beverage Code Sec. 61.87. AFFIRMATION OF COMPLIANCE. A person who holds a license under Chapter 64 or 66 may not be subject to an administrative sanction for selling or delivering an alcoholic beverage to a retailer not authorized to purchase and receive the alcoholic beverage if the license holder:

Chapter 62

  1. Tex. Alcoholic Beverage Code Sec. 62.01. AUTHORIZED ACTIVITIES.

  2. Tex. Alcoholic Beverage Code Sec. 62.015. IMPORTATION OF MALT BEVERAGES FOR MANUFACTURE.

  3. Tex. Alcoholic Beverage Code Sec. 62.03. STATEMENT OF INTENTION.

  4. Tex. Alcoholic Beverage Code Sec. 62.04. RENEWAL OF LICENSE DURING PRELIMINARY STAGES OF OPERATION.

  5. Tex. Alcoholic Beverage Code Sec. 62.05. RECORDS.

  6. Tex. Alcoholic Beverage Code Sec. 62.07. IMPORTATION OF MALT BEVERAGES. The holder of a brewer's license may import malt beverages into this state in barrels or other containers in accordance with the provisions of this code.

  7. Tex. Alcoholic Beverage Code Sec. 62.08. WAREHOUSES; DELIVERY TRUCKS.

  8. Tex. Alcoholic Beverage Code Sec. 62.09. MALT BEVERAGES FOR EXPORT. Regardless of any other provision of this code, a holder of a brewer's license may brew and package malt beverages or import them from outside the state, for shipment out of the state, even though the alcohol content, containers, packages, or labels make the beverages illegal to sell within the state. The licensee may export the beverages out of state or deliver them at the licensee's premises for shipment out of the state without being liable for any state tax on malt beverages sold for resale in the state.

  9. Tex. Alcoholic Beverage Code Sec. 62.11. CONTINUANCE OF OPERATION AFTER LOCAL OPTION ELECTION. The right of a brewer's licensee to continue operation after a prohibitory local option election is covered by Section 251.75.

  10. Tex. Alcoholic Beverage Code Sec. 62.122. SALES BY CERTAIN BREWERS TO CONSUMERS.

  11. Tex. Alcoholic Beverage Code Sec. 62.14. USE OF FACILITIES.

  12. Tex. Alcoholic Beverage Code Sec. 62.15. IMPORTING MALT BEVERAGES.

Chapter 63

  1. Tex. Alcoholic Beverage Code Sec. 63.01. AUTHORIZED ACTIVITIES.

  2. Tex. Alcoholic Beverage Code Sec. 63.03. LIABILITY FOR TAXES; BOND. The holder of a nonresident brewer's license that transports malt beverages into Texas in a motor vehicle owned or leased by the licensee is not primarily responsible for the payment of the taxes on the malt beverages, which remains the responsibility of the holder of the brewer's or distributor's license. However, the nonresident brewer shall furnish the commission with a bond in an amount which, in the commission's judgment, will protect the revenue of the state from the tax due on the malt beverages over any six-week period.

  3. Tex. Alcoholic Beverage Code Sec. 63.04. APPLICATION OF CODE PROVISIONS AND RULES. A holder of a nonresident brewer's license is subject to all applicable provisions of this code and all applicable rules of the commission which apply to holders of brewer's licenses, including rules relating to the quality, purity, and identity of malt beverages and to protecting the public health. The commission may suspend or cancel a nonresident brewer's license and apply penalties in the same manner as it does with respect to a brewer's license.

  4. Tex. Alcoholic Beverage Code Sec. 63.06. RESTRICTION AS TO SOURCE OF SUPPLY; CONSTRUCTION OF OTHER LAW.

Chapter 64

  1. Tex. Alcoholic Beverage Code Sec. 64.01. AUTHORIZED ACTIVITIES.

  2. Tex. Alcoholic Beverage Code Sec. 64.03. SALE OF MALT BEVERAGES TO PRIVATE CLUBS. The holder of a general distributor's license may sell and deliver malt beverages to private clubs located in wet areas without having to secure a prior order. All sales made under the authority of this section must be made in accordance with Sections 61.73 and 102.31.

  3. Tex. Alcoholic Beverage Code Sec. 64.04. RECORDS.

  4. Tex. Alcoholic Beverage Code Sec. 64.05. PERSONS INELIGIBLE FOR LICENSE. A general distributor's license may not be issued to a person who is the holder of a package store permit or a wine only package store permit.

  5. Tex. Alcoholic Beverage Code Sec. 64.06. WAREHOUSES; DELIVERY TRUCKS. Section 62.08 of this code applies to the use of warehouses and delivery trucks by general distributor's licensees.

  6. Tex. Alcoholic Beverage Code Sec. 64.07. MAY SHARE PREMISES.

  7. Tex. Alcoholic Beverage Code Sec. 64.08. MALT BEVERAGES FOR USE IN FOOD PRODUCTS INDUSTRY.

  8. Tex. Alcoholic Beverage Code Sec. 64.09. MALT BEVERAGES FOR EXPORT.

  9. Tex. Alcoholic Beverage Code Sec. 64.10. IMPORTING MALT BEVERAGES.

Chapter 66

  1. Tex. Alcoholic Beverage Code Sec. 66.01. AUTHORIZED ACTIVITIES. The holder of a branch distributor's license may engage in the same activities as a holder of a general distributor's license.

  2. Tex. Alcoholic Beverage Code Sec. 66.03. ISSUANCE OF LICENSE.

  3. Tex. Alcoholic Beverage Code Sec. 66.04. PERSONS INELIGIBLE FOR LICENSE. A branch distributor's license may not be issued to a person who holds a package store permit or a wine only package store permit, or to a person who does not meet the qualifications to be issued an original general distributor's license.

  4. Tex. Alcoholic Beverage Code Sec. 66.05. EXPIRATION OF LICENSE. A branch distributor's license expires at the same time as the holder's primary license.

  5. Tex. Alcoholic Beverage Code Sec. 66.06. RENEWAL OF LICENSE. Application for renewal of a branch distributor's license may be made concurrently with the filing of the application for the renewal of the holder's primary license.

  6. Tex. Alcoholic Beverage Code Sec. 66.07. SALE OF MALT BEVERAGES TO PRIVATE CLUBS. The holder of a branch distributor's license may sell and deliver malt beverages to private clubs located in wet areas without having to secure a prior order. All sales made under the authority of this section must be made in accordance with Sections 61.73 and 102.31.

  7. Tex. Alcoholic Beverage Code Sec. 66.08. RECORDS.

  8. Tex. Alcoholic Beverage Code Sec. 66.09. WAREHOUSES; DELIVERY TRUCKS. Section 62.08 of this code applies to the use of warehouses and delivery trucks by branch distributor's licensees.

  9. Tex. Alcoholic Beverage Code Sec. 66.10. MAY SHARE PREMISES. The sharing of premises by distributors is covered by Section 64.07 of this code.

  10. Tex. Alcoholic Beverage Code Sec. 66.11. MALT BEVERAGES FOR EXPORT.

Chapter 69

  1. Tex. Alcoholic Beverage Code Sec. 69.01. AUTHORIZED ACTIVITIES. The holder of a retail dealer's on-premise license may sell malt beverages in or from any lawful container to the ultimate consumer for consumption on or off the premises where sold. The licensee may not sell malt beverages for resale.

  2. Tex. Alcoholic Beverage Code Sec. 69.04. HOTELS NOT DISQUALIFIED. The fact that a hotel holds a permit to sell distilled spirits in unbroken packages does not disqualify the hotel from also obtaining a license to sell malt beverages for on-premises consumption.

  3. Tex. Alcoholic Beverage Code Sec. 69.06. DENIAL OF ORIGINAL APPLICATION.

  4. Tex. Alcoholic Beverage Code Sec. 69.09. ACQUISITION OF BEVERAGES FOR RESALE FROM OTHER LICENSEES PROHIBITED. No holder of a retail dealer's on-premise license may borrow or acquire from, exchange with, or loan to any other holder of a retail dealer's on-premise license or holder of a retail dealer's off-premise license any alcoholic beverage for the purpose of resale.

  5. Tex. Alcoholic Beverage Code Sec. 69.10. STORING OR POSSESSING MALT BEVERAGES OFF PREMISES PROHIBITED. No holder of a retail dealer's on-premise license may own, possess, or store malt beverages for the purpose of resale except on the licensed premises.

  6. Tex. Alcoholic Beverage Code Sec. 69.11. EXCHANGE OR TRANSPORTATION OF MALT BEVERAGES BETWEEN LICENSED PREMISES UNDER SAME OWNERSHIP. The owner of two or more licensed retail premises may not exchange or transport malt beverages between them unless all of the conditions set out in Section 24.04 are met, except that malt beverages may be transferred between two licensed retail premises that are both covered by package store permits as provided in Section 22.08.

  7. Tex. Alcoholic Beverage Code Sec. 69.12. POSSESSION OF CERTAIN BEVERAGES PROHIBITED. No retail dealer's on-premise licensee, nor the licensee's officer, agent, servant, or employee, may possess on the licensed premises an alcoholic beverage which is not authorized to be sold on the premises.

  8. Tex. Alcoholic Beverage Code Sec. 69.13. BREACH OF PEACE: RETAIL ESTABLISHMENT. The commission or administrator may suspend or cancel the license of a retail malt beverage dealer after giving the licensee notice and the opportunity to show compliance with all requirements of law for retention of the license if it finds that a breach of the peace has occurred on the licensed premises or on premises under the licensee's control and that the breach of the peace was not beyond the control of the licensee and resulted from the licensee's improper supervision of persons permitted to be on the licensed premises or on premises under the licensee's control.

  9. Tex. Alcoholic Beverage Code Sec. 69.14. SEATING AREA REQUIRED. A retail dealer's on-premise licensee must have an area designated on the premises for the permittee's customers to sit if they wish to consume beverages sold by the licensee on the premises.

  10. Tex. Alcoholic Beverage Code Sec. 69.15. RESTRICTIONS ON LOCATION IN CERTAIN MUNICIPALITIES.

  11. Tex. Alcoholic Beverage Code Sec. 69.16. FOOD AND BEVERAGE CERTIFICATE.

  12. Tex. Alcoholic Beverage Code Sec. 69.17. ISSUANCE OF LICENSE AUTHORIZED FOR CERTAIN AREAS.

  13. Tex. Alcoholic Beverage Code Sec. 69.18. SALES AT TEMPORARY LOCATION.

Chapter 71

  1. Tex. Alcoholic Beverage Code Sec. 71.01. AUTHORIZED ACTIVITIES. The holder of a retail dealer's off-premise license may sell malt beverages in lawful containers to consumers, but not for resale and not to be opened or consumed on or near the premises where sold.

  2. Tex. Alcoholic Beverage Code Sec. 71.04. POSSESSION OF CERTAIN BEVERAGES PROHIBITED. No retail dealer's off-premise licensee, nor his officer, may possess liquor containing alcohol in excess of 14 percent by volume on the licensed premises.

  3. Tex. Alcoholic Beverage Code Sec. 71.05. ACQUISITION OF BEVERAGES FOR RESALE FROM OTHER LICENSEES PROHIBITED. No holder of a retail dealer's off-premise license may borrow or acquire from, exchange with, or loan to any other holder of a retail dealer's off-premise license or holder of a retail dealer's on-premise license any alcoholic beverage for the purpose of resale.

  4. Tex. Alcoholic Beverage Code Sec. 71.06. STORING OR POSSESSING MALT BEVERAGES OFF PREMISES PROHIBITED. A holder of a retail dealer's off-premise license may not own, possess, or store malt beverages for the purpose of resale except on the licensed premises.

  5. Tex. Alcoholic Beverage Code Sec. 71.07. EXCHANGE OR TRANSPORTATION OF MALT BEVERAGES BETWEEN LICENSED PREMISES UNDER SAME OWNERSHIP. Section 69.11 relates to the exchange or transportation of malt beverages between licensed premises by retail dealers.

  6. Tex. Alcoholic Beverage Code Sec. 71.08. MITIGATING CIRCUMSTANCES: RETAIL DEALER'S OFF-PREMISE LICENSE. Section 11.64 of this code relates to mitigating circumstances with respect to cancellation or suspension of a retail dealer's off-premise license.

  7. Tex. Alcoholic Beverage Code Sec. 71.09. BREACH OF PEACE: RETAIL ESTABLISHMENT. The application of sanctions for the occurrence of a breach of the peace at a retail malt beverage establishment is covered by Section 69.13.

  8. Tex. Alcoholic Beverage Code Sec. 71.10. WARNING SIGN REQUIRED.

  9. Tex. Alcoholic Beverage Code Sec. 71.11. MALT BEVERAGE SAMPLING.

Chapter 73

  1. Tex. Alcoholic Beverage Code Sec. 73.01. AUTHORIZED ACTIVITIES.

  2. Tex. Alcoholic Beverage Code Sec. 73.011. LIMITATIONS ON AUTHORITY OF MALT BEVERAGE AGENT.

Chapter 74

  1. Tex. Alcoholic Beverage Code Sec. 74.01. AUTHORIZED ACTIVITIES.

  2. Tex. Alcoholic Beverage Code Sec. 74.03. PRODUCTION LIMIT. The total annual production of malt beverages by a holder of a brewpub license may not exceed 10,000 barrels for each licensed brewpub.

  3. Tex. Alcoholic Beverage Code Sec. 74.04. LICENSE APPLICATION, RENEWAL, AND MAINTENANCE; RECORDS; LICENSE ISSUANCE. All provisions of this code that apply to a brewpub licensee's wine and malt beverage retailer's permit, mixed beverage permit, or retail dealer's on-premise license also apply to the brewpub license.

  4. Tex. Alcoholic Beverage Code Sec. 74.05. STATEMENT OF INTENT. An applicant for a brewpub license shall file with the application a sworn statement that the applicant shall be engaged in the business of brewing and packaging malt beverages in this state in quantities sufficient to operate a brewpub not later than six months after the date of issuance of the original license. If the applicant is a corporation, the statement must be signed by a principal corporate officer. The commission may not issue a brewpub license to an applicant who does not submit the required sworn statement with the application for a license.

  5. Tex. Alcoholic Beverage Code Sec. 74.06. QUALITY STANDARDS. Brewing equipment used by a holder of a brewpub license, and process, labeling, and packaging conducted by a holder of a brewpub license, shall conform to standards and tax requirements imposed by this code and the commission's rules for the brewing of malt beverages and shall conform to any standards that may be applied by the agency of the United States charged with supervising and inspecting the brewing of alcoholic beverages.

  6. Tex. Alcoholic Beverage Code Sec. 74.07. CONTAINER SIZE. In addition to any other container for malt beverages authorized elsewhere in this code, a holder of a brewpub license may store or serve to consumers malt beverages brewed by the holder of the license at the premises of the brewpub license from any container having the capacity of one barrel or whole multiples of one barrel.

  7. Tex. Alcoholic Beverage Code Sec. 74.08. SALES BY BREWPUB LICENSE HOLDERS TO RETAILERS.

  8. Tex. Alcoholic Beverage Code Sec. 74.09. SALES TO DISTRIBUTORS.

  9. Tex. Alcoholic Beverage Code Sec. 74.11. REPORT OF SALES TO RETAILERS.

Chapter 81

  1. Tex. Alcoholic Beverage Code Sec. 81.001. DEFINITION. In this chapter, "common nuisance" means a common nuisance as defined by Section 125.001, Civil Practice and Remedies Code, or by Section 101.70(a) of this code.

  2. Tex. Alcoholic Beverage Code Sec. 81.002. APPLICABILITY OF CHAPTER. This chapter applies only to a permit or license that authorizes the retail sale or service of alcoholic beverages for on-premises consumption of alcoholic beverages, other than a permit or license held with a food and beverage certificate.

  3. Tex. Alcoholic Beverage Code Sec. 81.003. SUBMISSION OF INFORMATION BY CERTAIN OFFICIALS. For the purposes of Section 81.004 or 81.005, the district or county attorney of the county or the city attorney of the city in which the premises are located may provide information to the commission indicating that the holder of, or applicant for, a permit or license covering the premises has used or can reasonably be expected to use or allow others to use the premises in a manner that constitutes a common nuisance.

  4. Tex. Alcoholic Beverage Code Sec. 81.004. APPLICATION FOR ORIGINAL OR RENEWAL PERMIT OR LICENSE. The commission may deny an application for an original or renewal permit or license as provided by Section 11.43 if the commission finds that, at any time during the 12 months preceding the permit or license application, a common nuisance existed on the premises for which the permit or license is sought, regardless of whether the acts constituting the common nuisance were engaged in by the applicant or whether the applicant controlled the premises at the time the common nuisance existed. The commission may issue an original or renewal permit or license if it is found that the applicant did not control the premises at the time the common nuisance existed and the applicant has taken reasonable measures to abate the common nuisance.

  5. Tex. Alcoholic Beverage Code Sec. 81.005. CANCELLATION OR SUSPENSION OF PERMIT OR LICENSE.

  6. Tex. Alcoholic Beverage Code Sec. 81.006. ORDER IMPOSING ADDITIONAL CONDITIONS ON PERMIT OR LICENSE HOLDER.

  7. Tex. Alcoholic Beverage Code Sec. 81.007. TEMPORARY ORDER DURING PENDENCY OF PROCEEDING.

Chapter 101

  1. Tex. Alcoholic Beverage Code Sec. 101.01. RESTRAINING ORDERS AND INJUNCTIONS.

  2. Tex. Alcoholic Beverage Code Sec. 101.02. ARREST WITHOUT WARRANT. A peace officer may arrest without a warrant any person he observes violating any provision of this code or any rule or regulation of the commission. The officer shall take possession of all illicit beverages the person has in his possession or on his premises as provided in Chapter 103 of this code.

  3. Tex. Alcoholic Beverage Code Sec. 101.03. SEARCH AND SEIZURE.

  4. Tex. Alcoholic Beverage Code Sec. 101.04. CONSENT TO INSPECTION; PENALTY.

  5. Tex. Alcoholic Beverage Code Sec. 101.05. NEGATION OF EXCEPTION: INFORMATION, COMPLAINT, OR INDICTMENT. An information, complaint, or indictment charging a violation of this code need not negate an exception to an act prohibited by this code, but the exception may be urged by the defendant as a defense to the offense charged.

  6. Tex. Alcoholic Beverage Code Sec. 101.06. TESTIMONY OF ACCOMPLICE. A conviction for a violation of this code cannot be had upon the testimony of an accomplice unless corroborated by other evidence tending to connect the defendant with the offense committed; and the corroboration is not sufficient if it merely shows the commission of the offense.

  7. Tex. Alcoholic Beverage Code Sec. 101.07. DUTY OF PEACE OFFICERS. All peace officers in the state, including those of cities, counties, and state, shall enforce the provisions of this code and cooperate with and assist the commission in detecting violations and apprehending offenders.

  8. Tex. Alcoholic Beverage Code Sec. 101.08. DUTY OF COUNTY COURT. When a violation of this code occurs, the county court shall make a recommendation to the commission as to cancellation or suspension of any permit or license connected with the violation.

  9. Tex. Alcoholic Beverage Code Sec. 101.09. REPORTS OF CONVICTIONS. Every county and district clerk in the state shall furnish the commission or its representative, on request, a certified copy of the judgment of conviction and of the information against a person convicted of a violation of this code. The clerk may not charge a fee for furnishing the copy.

  10. Tex. Alcoholic Beverage Code Sec. 101.31. ALCOHOLIC BEVERAGES IN DRY AREAS.

  11. Tex. Alcoholic Beverage Code Sec. 101.33. DELIVERY OF LIQUOR IN DRY AREA. Section 107.03 of this code relates to the delivery of liquor in a dry area.

  12. Tex. Alcoholic Beverage Code Sec. 101.41. CONTAINERS, PACKAGING, AND DISPENSING EQUIPMENT OF MALT BEVERAGES: LABELS.

  13. Tex. Alcoholic Beverage Code Sec. 101.42. RETURNABLE CONTAINER: ACCEPTANCE BY ANOTHER BREWER. A brewer of malt beverages may not purchase, accept as a return, or use a barrel, half-barrel, keg, case, or bottle permanently branded or imprinted with the name of another brewer.

  14. Tex. Alcoholic Beverage Code Sec. 101.43. MISBRANDING OF BREWERY PRODUCT.

  15. Tex. Alcoholic Beverage Code Sec. 101.45. CONTAINERS OF WINE: MAXIMUM CAPACITY. A person may not sell wine to a retail dealer in a container with a capacity greater than 15.5 gallons.

  16. Tex. Alcoholic Beverage Code Sec. 101.46. CONTAINERS OF LIQUOR: MINIMUM CAPACITIES.

  17. Tex. Alcoholic Beverage Code Sec. 101.47. CARRIER MAY TRANSPORT LIQUOR IN SMALL CONTAINERS. The commission may authorize a common carrier of persons engaged in interstate commerce to transport liquor in containers of less than 20 milliliters if the liquor is not for sale, use, or consumption in the state.

  18. Tex. Alcoholic Beverage Code Sec. 101.48. COMMISSION'S REGULATORY AUTHORITY. Sections 5.39 and 5.40 relate to the commission's authority to regulate liquor containers and malt beverage container deposits.

  19. Tex. Alcoholic Beverage Code Sec. 101.61. VIOLATION OF CODE OR RULE. A person who fails or refuses to comply with a requirement of this code or a valid rule of the commission violates this code.

  20. Tex. Alcoholic Beverage Code Sec. 101.63. SALE OR DELIVERY TO CERTAIN PERSONS.

  21. Tex. Alcoholic Beverage Code Sec. 101.64. INDECENT GRAPHIC MATERIAL. No holder of a license or permit may possess or display on the licensed premises a card, calendar, placard, picture, or handbill that is immoral, indecent, lewd, or profane.

  22. Tex. Alcoholic Beverage Code Sec. 101.65. BEVERAGES MADE FROM CERTAIN MATERIALS PROHIBITED. No person may manufacture, import, sell, or possess for the purpose of sale an alcoholic beverage made from:

  23. Tex. Alcoholic Beverage Code Sec. 101.66. BEVERAGES OF CERTAIN ALCOHOL CONTENT PROHIBITED. A person may not manufacture, sell, barter, or exchange a beverage that contains more than one-half of one percent alcohol by volume and not more than five percent alcohol by volume, except malt beverages, wine coolers, and spirit coolers.

  24. Tex. Alcoholic Beverage Code Sec. 101.67. PRIOR APPROVAL OF MALT BEVERAGES.

  25. Tex. Alcoholic Beverage Code Sec. 101.6701. LABEL APPROVAL NOT REQUIRED FOR CERTAIN MALT BEVERAGES.

  26. Tex. Alcoholic Beverage Code Sec. 101.671. PRIOR APPROVAL OF DISTILLED SPIRITS AND WINE.

  27. Tex. Alcoholic Beverage Code Sec. 101.673. USE OF AMERICAN VITICULTURAL AREA, COUNTY, OR VINEYARD ON WINE LABEL.

  28. Tex. Alcoholic Beverage Code Sec. 101.68. CONSIGNMENT SALE PROHIBITED. A person commits an offense if he is a party to, or directly or indirectly interested in or connected with, a consignment sale of an alcoholic beverage.

  29. Tex. Alcoholic Beverage Code Sec. 101.69. FALSE STATEMENT. Except as provided in Section 103.05(d), a person who knowingly makes a false statement or false representation in an application for a permit or license or in a statement, report, or other instrument to be filed with the commission and required to be sworn commits an offense punishable by imprisonment in the Texas Department of Criminal Justice for not less than 2 nor more than 10 years.

  30. Tex. Alcoholic Beverage Code Sec. 101.70. COMMON NUISANCE.

  31. Tex. Alcoholic Beverage Code Sec. 101.71. INSPECTION OF VEHICLE. No holder of a permit issued under Title 3, Subtitle A, of this code, may refuse to allow the commission or its authorized representative or a peace officer, on request, to make a full inspection, investigation, or search of any vehicle.

  32. Tex. Alcoholic Beverage Code Sec. 101.72. CONSUMPTION OF ALCOHOLIC BEVERAGE ON PREMISES LICENSED FOR OFF-PREMISES CONSUMPTION.

  33. Tex. Alcoholic Beverage Code Sec. 101.73. EXPUNGEMENT OF CONVICTION FOR CONSUMPTION ON PREMISES LICENSED FOR OFF-PREMISES CONSUMPTION.

  34. Tex. Alcoholic Beverage Code Sec. 101.74. OFFENSES RELATING TO BINGO.

  35. Tex. Alcoholic Beverage Code Sec. 101.75. CONSUMPTION OF ALCOHOLIC BEVERAGES NEAR SCHOOLS.

  36. Tex. Alcoholic Beverage Code Sec. 101.76. UNLAWFUL DISPLAY OR USE OF PERMIT OR LICENSE.

Chapter 102

  1. Tex. Alcoholic Beverage Code Sec. 102.01. TIED HOUSE PROHIBITED.

  2. Tex. Alcoholic Beverage Code Sec. 102.02. PROVIDING SAMPLES.

  3. Tex. Alcoholic Beverage Code Sec. 102.03. PERSONS BARRED FROM INTEREST IN PREMISES OF RETAIL LIQUOR OUTLET.

  4. Tex. Alcoholic Beverage Code Sec. 102.04. PERSONS BARRED FROM INTEREST IN MIXED BEVERAGE BUSINESS.

  5. Tex. Alcoholic Beverage Code Sec. 102.05. HOTEL: MULTIPLE INTERESTS AUTHORIZED. A hotel may hold a package store permit, mixed beverage permit, wine and malt beverage retailer's permit, and retail dealer's license if the businesses are completely segregated from each other.

  6. Tex. Alcoholic Beverage Code Sec. 102.06. RELATIONSHIP BETWEEN AGENT AND PACKAGE STORE. An agent acting under Chapter 35 or 36 may not directly or indirectly have an interest in a package store permit or wine only package store permit or be residentially domiciled with a person who has a financial interest in a package store permit or wine only package store permit.

  7. Tex. Alcoholic Beverage Code Sec. 102.07. PROHIBITED DEALINGS WITH RETAILER OR CONSUMER.

  8. Tex. Alcoholic Beverage Code Sec. 102.071. SALE OF GLASSWARE AND NONALCOHOLIC BEVERAGES.

  9. Tex. Alcoholic Beverage Code Sec. 102.08. WHOLESALER: LIQUOR MANUFACTURED BY AFFILIATE.

  10. Tex. Alcoholic Beverage Code Sec. 102.09. WHOLESALER: INTEREST IN DISTILLER AND RECTIFIER. No holder of a wholesaler's permit may be affiliated with the holder of a distiller's and rectifier's permit, or with a person, firm, or corporation engaged in distilling or rectifying liquor inside or outside this state, regardless of whether the affiliation is direct or indirect, through an officer, director, agent, or employee, or by management, direction, or control.

  11. Tex. Alcoholic Beverage Code Sec. 102.10. DISTILLER AND RECTIFIER: INTEREST IN WHOLESALER.

  12. Tex. Alcoholic Beverage Code Sec. 102.11. BREWER OR DISTRIBUTOR: PROHIBITED INTERESTS. A brewer or distributor directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may not:

  13. Tex. Alcoholic Beverage Code Sec. 102.12. COMMERCIAL BRIBERY BY BREWER OR DISTRIBUTOR. A brewer or distributor directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may not give or permit to be given money or any thing of value in an effort to induce agents, employees, or representatives of customers or prospective customers to influence their employers or principals to purchase or contract to purchase brewery products from the brewer or distributor or to refrain from buying those products from other persons.

  14. Tex. Alcoholic Beverage Code Sec. 102.13. EXCLUSIVE OUTLET AGREEMENT AS TO BREWERY PRODUCTS. A brewer or distributor directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may not require, by agreement or otherwise, that a retailer engaged in the sale of brewery products purchase any of those products from the brewer to the total or partial exclusion of the products sold or offered for sale by a competitor or require the retailer to take or dispose of a certain quota of the product.

  15. Tex. Alcoholic Beverage Code Sec. 102.14. BREWER OR DISTRIBUTOR: FURNISHING EQUIPMENT OR FIXTURES.

  16. Tex. Alcoholic Beverage Code Sec. 102.15. BREWER OR DISTRIBUTOR: PROHIBITED DEALINGS WITH RETAILER.

  17. Tex. Alcoholic Beverage Code Sec. 102.16. UNLAWFUL AGREEMENTS.

  18. Tex. Alcoholic Beverage Code Sec. 102.17. CONTRACT FOR SALE OF LIQUOR. A distiller and rectifier, winery permittee, or nonresident seller of liquor and the holder of a wholesaler's permit may enter into a contract for the sale and purchase of a specified quantity of liquor to be delivered over an agreed period of time, but only if the contract is first submitted to the commission or administrator and found by the commission or administrator not to be calculated to induce a violation of this code.

  19. Tex. Alcoholic Beverage Code Sec. 102.18. BREWER: PROHIBITED INTERESTS.

  20. Tex. Alcoholic Beverage Code Sec. 102.19. PROMOTIONAL GIFT WINE. A holder of a winery permit may give one or more unopened bottles of Texas-made wine produced or bottled by the winery to a person 21 years of age or older on the premises of a convention center or civic center that holds a mixed beverage permit if no charge is made by the winery or by the mixed beverage permittee for the wine. A recipient of a bottle of wine under this section must take the unopened gift bottle off the premises of the mixed beverage permittee.

  21. Tex. Alcoholic Beverage Code Sec. 102.20. RESTOCKING AND ROTATION OF ALCOHOLIC BEVERAGES AUTHORIZED. Restocking of a display and rotation of alcoholic beverage stock in a retail establishment from the retailer's storeroom, salesroom, display counter, or cooler by a representative of a wholesaler or distributor is lawful. The commission or administrator may publish guidelines regarding this activity as the commission or administrator determines to be necessary.

  22. Tex. Alcoholic Beverage Code Sec. 102.21. CONTINUITY OF CERTAIN PROTECTIONS FOR MALT BEVERAGE DISTRIBUTORS. The protections provided to malt beverage distributors by Subchapters C and D apply regardless of whether there is a transfer or change of ownership of a brand at the manufacturing level.

  23. Tex. Alcoholic Beverage Code Sec. 102.22. VERIFICATION OF USE OF FACILITIES.

  24. Tex. Alcoholic Beverage Code Sec. 102.31. CASH PAYMENT REQUIRED.

  25. Tex. Alcoholic Beverage Code Sec. 102.32. SALE OF LIQUOR: CREDIT RESTRICTIONS.

  26. Tex. Alcoholic Beverage Code Sec. 102.33. SALE OF LIQUOR BY DISTILLER AND RECTIFIER TO WHOLESALER: CREDIT RESTRICTIONS.

  27. Tex. Alcoholic Beverage Code Sec. 102.51. SETTING OF TERRITORIAL LIMITS.

  28. Tex. Alcoholic Beverage Code Sec. 102.52. RIGHTS OF DISTRIBUTORS. Nothing in Section 102.51 limits or alters the right of a holder of a general or branch distributor's license to sell malt beverages to any other holder of a general or branch distributor's license, except that a distributor who has purchased malt beverages from another distributor may distribute and sell the malt beverages only within a territory for which the brewer of the brand has designated that it may be sold by the general or branch distributor making the purchase.

  29. Tex. Alcoholic Beverage Code Sec. 102.53. RIGHTS OF RETAILERS. Nothing in Section 102.51 or 102.52 limits or alters the right of a holder of a retail license or permit to purchase malt beverages at the licensed premises of any general or branch distributor's licensee in the state and transport those malt beverages to the licensee's licensed premises, except that the retailer may sell the malt beverages only within a territory for which the brewer of the brand has designated that the malt beverages may be sold by a distributor.

  30. Tex. Alcoholic Beverage Code Sec. 102.54. ADDITIONAL REQUIREMENTS FOR APPLICANTS FOR DISTRIBUTOR'S LICENSE.

  31. Tex. Alcoholic Beverage Code Sec. 102.55. TERRITORIAL ASSIGNMENTS; DEFINITIONS.

  32. Tex. Alcoholic Beverage Code Sec. 102.56. APPLICATION OF TERRITORIAL LIMITS TO CERTAIN PERMIT HOLDERS.

  33. Tex. Alcoholic Beverage Code Sec. 102.71. DEFINITIONS. In this subchapter:

  34. Tex. Alcoholic Beverage Code Sec. 102.72. PURPOSES.

  35. Tex. Alcoholic Beverage Code Sec. 102.73. TERMINATION AND NOTICE OF CANCELLATION.

  36. Tex. Alcoholic Beverage Code Sec. 102.74. CANCELLATION. A malt beverage brewer or distributor may not cancel, fail to renew, or otherwise terminate an agreement unless the party intending such action has good cause for such cancellation, failure to renew, or termination and, in any case in which prior notification is required under Section 102.73, the party intending to act has furnished said prior notification and the affected party has not eliminated the reasons specified in such notification as the reasons for cancellation, failure to renew, or termination within 90 days after the receipt of such notification.

  37. Tex. Alcoholic Beverage Code Sec. 102.75. PROHIBITED CONDUCT.

  38. Tex. Alcoholic Beverage Code Sec. 102.76. TRANSFER OF BUSINESS ASSETS OR STOCK.

  39. Tex. Alcoholic Beverage Code Sec. 102.77. REASONABLE COMPENSATION.

  40. Tex. Alcoholic Beverage Code Sec. 102.78. RIGHT OF FREE ASSOCIATION. A brewer or distributor may not restrict or inhibit, directly or indirectly, the right of free association among brewers or distributors for any lawful purpose.

  41. Tex. Alcoholic Beverage Code Sec. 102.79. JUDICIAL REMEDIES.

  42. Tex. Alcoholic Beverage Code Sec. 102.80. COVERAGE AND EFFECTIVE DATE. This Act shall cover agreements in existence on the date of enactment of this Act and also shall apply to agreements entered into and any cancellation, termination, failure to renew, amendment, or material modification of any agreement occurring after the date of enactment of this Act.

  43. Tex. Alcoholic Beverage Code Sec. 102.81. MALT BEVERAGES. This subchapter and Subchapter C apply to agreements concerning all malt beverages in the same manner.

  44. Tex. Alcoholic Beverage Code Sec. 102.82. STATUTE OF LIMITATIONS. A person must bring suit on an action arising under this chapter not later than four years after the day the cause of action accrues. If a termination related to a change in ownership of the brand occurs, the cause of action accrues when either the new brand owner or the transferring or selling brand owner provides notice of termination to the distributor.

Chapter 103

  1. Tex. Alcoholic Beverage Code Sec. 103.01. ILLICIT BEVERAGES PROHIBITED. No person may possess, manufacture, transport, or sell an illicit beverage.

  2. Tex. Alcoholic Beverage Code Sec. 103.02. EQUIPMENT OR MATERIAL FOR MANUFACTURE OF ILLICIT BEVERAGES. No person may possess equipment or material designed for, capable of use for, or used in manufacturing an illicit beverage.

  3. Tex. Alcoholic Beverage Code Sec. 103.03. SEIZURE OF ILLICIT BEVERAGES, ETC. A peace officer may seize without a warrant:

  4. Tex. Alcoholic Beverage Code Sec. 103.04. ARREST OF PERSON IN POSSESSION. A peace officer may arrest without a warrant any person found in possession of:

  5. Tex. Alcoholic Beverage Code Sec. 103.05. REPORT OF SEIZURE.

  6. Tex. Alcoholic Beverage Code Sec. 103.06. BEVERAGE SEIZED BY PEACE OFFICER. Any alcoholic beverage, its container, and its packaging which has been seized by a peace officer, as provided in Section 103.03:

  7. Tex. Alcoholic Beverage Code Sec. 103.07. BEVERAGE OF ILLICIT MANUFACTURE OR UNFIT FOR CONSUMPTION.

  8. Tex. Alcoholic Beverage Code Sec. 103.08. SALE OF MALT BEVERAGE.

  9. Tex. Alcoholic Beverage Code Sec. 103.09. SALE OF LIQUOR.

  10. Tex. Alcoholic Beverage Code Sec. 103.10. EXERCISE OF DISCRETION IN CASE OF MISTAKE.

  11. Tex. Alcoholic Beverage Code Sec. 103.11. PROCEEDS FROM SALE.

  12. Tex. Alcoholic Beverage Code Sec. 103.12. CEILING PRICES DURING EMERGENCY. If the federal government provides a method by which illicit alcoholic beverages or other property belonging to or forfeited to the state is sold at ceiling prices during a national emergency, the commission may comply with federal law or regulations in the sale or disposal of the beverages or property, even to the extent of partially or wholly abrogating provisions of this code that are inconsistent with the federal law or regulations.

  13. Tex. Alcoholic Beverage Code Sec. 103.13. BONDING OF SEIZED VEHICLES PENDING SUIT. Any person with an ownership or a security interest in a vehicle that has been seized under Section 103.03 may recover possession of the vehicle pending suit for forfeiture by executing a bond with surety equal to double the appraised value of the vehicle. The bond shall be approved by the officer who made the seizure and shall secure the return of the vehicle to the custody of the seizing officer on the day of trial of the forfeiture suit.

  14. Tex. Alcoholic Beverage Code Sec. 103.14. INSTITUTION OF SUIT FOR FORFEITURE.

  15. Tex. Alcoholic Beverage Code Sec. 103.15. NOTICE OF FORFEITURE SUIT.

  16. Tex. Alcoholic Beverage Code Sec. 103.16. FORFEITURE OF A SEIZED VEHICLE.

  17. Tex. Alcoholic Beverage Code Sec. 103.17. FORFEITURE OF OTHER SEIZED PROPERTY.

  18. Tex. Alcoholic Beverage Code Sec. 103.18. INTERVENTION BY SECURED CREDITORS.

  19. Tex. Alcoholic Beverage Code Sec. 103.19. TRANSFER OF SECURITY INTERESTS. All security interests in property sold under this chapter shall be transferred to the proceeds of the sale.

  20. Tex. Alcoholic Beverage Code Sec. 103.20. DISPOSITION OF FORFEITED PROPERTY.

  21. Tex. Alcoholic Beverage Code Sec. 103.21. BILL OF SALE TO PURCHASER. When executing a sale under this chapter, the commission or the sheriff or constable shall issue a bill of sale to each purchaser of property. The bill of sale shall convey a valid and unimpaired title in the property to the purchaser.

  22. Tex. Alcoholic Beverage Code Sec. 103.22. COSTS OF FORFEITURE SUITS. The commission is entitled to recover from the proceeds of a forfeiture sale all costs of a forfeiture suit brought under this chapter, including:

  23. Tex. Alcoholic Beverage Code Sec. 103.23. ALLOCATION OF PROCEEDS OF SALE. Proceeds from a forfeiture sale and proceeds in escrow which are forfeited to the state in a forfeiture suit shall be disposed of by depositing 35 percent of the proceeds in a separate fund in the state treasury designated as the confiscated liquor fund and depositing 65 percent of the proceeds in the general revenue fund. The confiscated liquor fund may be appropriated to the commission to defray the expenses of accumulating evidence pertaining to violations of this code; assembling, storing, transporting, selling, and accounting for confiscated alcoholic beverages, containers, devices, and property; and any other purposes deemed necessary by the commission in administering and enforcing this code. Any unexpended balance in the confiscated liquor fund at the end of a biennium shall remain in the fund subject to further appropriation for the same purposes.

Chapter 104

  1. Tex. Alcoholic Beverage Code Sec. 104.01. LEWD, IMMORAL, INDECENT CONDUCT.

  2. Tex. Alcoholic Beverage Code Sec. 104.03. CONSPIRACY; ACCEPTING UNLAWFUL BENEFIT. A retail dealer or his agent, servant, or employee commits an offense if he conspires with another person to violate or accepts the benefits of a violation of this code or a valid rule of the commission.

  3. Tex. Alcoholic Beverage Code Sec. 104.04. DRAFT MALT BEVERAGE DISPENSER: SIGN REQUIRED. A retail dealer may not dispense draft malt beverages unless each faucet or other dispensing apparatus is equipped with a sign clearly indicating the name or brand of the product being dispensed through the faucet or apparatus. The sign must be in full sight of the purchaser, and the letters on it must be legible.

  4. Tex. Alcoholic Beverage Code Sec. 104.05. SALE IN ORIGINAL PACKAGING.

  5. Tex. Alcoholic Beverage Code Sec. 104.06. MONITORING OF GROSS RECEIPTS.

  6. Tex. Alcoholic Beverage Code Sec. 104.07. POSTING OF CERTAIN NOTICES REQUIRED.

Chapter 105

  1. Tex. Alcoholic Beverage Code Sec. 105.01. HOURS OF SALE: LIQUOR.

  2. Tex. Alcoholic Beverage Code Sec. 105.02. HOURS OF SALE: WHOLESALERS AND LOCAL DISTRIBUTORS TO RETAILERS.

  3. Tex. Alcoholic Beverage Code Sec. 105.03. HOURS OF SALE: MIXED BEVERAGES.

  4. Tex. Alcoholic Beverage Code Sec. 105.04. HOURS OF SALE: WINE AND MALT BEVERAGE RETAILER. The hours of sale and delivery for alcoholic beverages sold under a wine and malt beverage retailer's permit or a wine and malt beverage retailer's off-premise permit are the same as those prescribed for the sale of malt beverages under Section 105.05.

  5. Tex. Alcoholic Beverage Code Sec. 105.05. HOURS OF SALE: MALT BEVERAGES.

  6. Tex. Alcoholic Beverage Code Sec. 105.051. SALE OF MALT BEVERAGES BY DISTRIBUTOR'S LICENSEE. The holder of a general or branch distributor's license may sell, offer for sale, or deliver malt beverages 24 hours a day Monday through Saturday and between midnight and 1 a.m. and between noon and midnight on Sunday.

  7. Tex. Alcoholic Beverage Code Sec. 105.06. HOURS OF CONSUMPTION.

  8. Tex. Alcoholic Beverage Code Sec. 105.07. HOURS OF SALE AND CONSUMPTION: SPORTS VENUE.

  9. Tex. Alcoholic Beverage Code Sec. 105.08. HOURS OF SALE AND CONSUMPTION: WINERY. The holder of a winery permit may sell, offer for sale, and deliver wine, and a person may consume wine on the premises of a winery:

  10. Tex. Alcoholic Beverage Code Sec. 105.081. HOURS OF SALE AND CONSUMPTION: DISTILLERY.

  11. Tex. Alcoholic Beverage Code Sec. 105.082. HOURS OF SALE AND CONSUMPTION: BREWER. The holder of a brewer's license may sell, offer for sale, and deliver malt beverages and a person may consume malt beverages on the brewer's premises:

  12. Tex. Alcoholic Beverage Code Sec. 105.09. HOURS OF SALE AND CONSUMPTION: CERTAIN EVENTS. Notwithstanding any other provision of this code, in addition to any other period during which the sale and consumption of alcohol is authorized under this code:

  13. Tex. Alcoholic Beverage Code Sec. 105.091. HOURS OF SALE; HOTEL BAR.

  14. Tex. Alcoholic Beverage Code Sec. 105.10. PENALTY.

Chapter 106

  1. Tex. Alcoholic Beverage Code Sec. 106.01. DEFINITION. In this code, "minor" means a person under 21 years of age.

  2. Tex. Alcoholic Beverage Code Sec. 106.02. PURCHASE OF ALCOHOL BY A MINOR.

  3. Tex. Alcoholic Beverage Code Sec. 106.025. ATTEMPT TO PURCHASE ALCOHOL BY A MINOR.

  4. Tex. Alcoholic Beverage Code Sec. 106.03. SALE TO MINORS.

  5. Tex. Alcoholic Beverage Code Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR.

  6. Tex. Alcoholic Beverage Code Sec. 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR.

  7. Tex. Alcoholic Beverage Code Sec. 106.05. POSSESSION OF ALCOHOL BY A MINOR.

  8. Tex. Alcoholic Beverage Code Sec. 106.06. PURCHASE OF ALCOHOL FOR A MINOR; FURNISHING ALCOHOL TO A MINOR.

  9. Tex. Alcoholic Beverage Code Sec. 106.07. MISREPRESENTATION OF AGE BY A MINOR.

  10. Tex. Alcoholic Beverage Code Sec. 106.071. PUNISHMENT FOR ALCOHOL-RELATED OFFENSE BY MINOR.

  11. Tex. Alcoholic Beverage Code Sec. 106.08. IMPORTATION BY A MINOR. No minor may import into this state or possess with intent to import into this state any alcoholic beverage.

  12. Tex. Alcoholic Beverage Code Sec. 106.09. EMPLOYMENT OF MINORS.

  13. Tex. Alcoholic Beverage Code Sec. 106.10. PLEA OF GUILTY BY MINOR. No minor may plead guilty to an offense under this chapter except in open court before a judge.

  14. Tex. Alcoholic Beverage Code Sec. 106.115. ALCOHOL AWARENESS PROGRAM; LICENSE SUSPENSION.

  15. Tex. Alcoholic Beverage Code Sec. 106.116. REPORTS OF COURT TO COMMISSION. Unless the clerk is otherwise required to include the information in a report submitted under Section 101.09, the clerk of a court, including a justice court, municipal court, or juvenile court, shall furnish to the commission on request a notice of a conviction of an offense under this chapter or an adjudication under Title 3, Family Code, for conduct that constitutes an offense under this chapter. The report must be in the form prescribed by the commission.

  16. Tex. Alcoholic Beverage Code Sec. 106.117. REPORT OF COURT TO DEPARTMENT OF PUBLIC SAFETY.

  17. Tex. Alcoholic Beverage Code Sec. 106.12. EXPUNCTION OF CONVICTION OR ARREST RECORDS OF A MINOR.

  18. Tex. Alcoholic Beverage Code Sec. 106.13. SANCTIONS AGAINST RETAILER.

  19. Tex. Alcoholic Beverage Code Sec. 106.14. ACTIONS OF EMPLOYEE.

  20. Tex. Alcoholic Beverage Code Sec. 106.15. PROHIBITED ACTIVITIES BY PERSONS YOUNGER THAN 18.

  21. Tex. Alcoholic Beverage Code Sec. 106.16. EXCEPTION FOR CERTAIN COURSE WORK.

  22. Tex. Alcoholic Beverage Code Sec. 106.17. PRESENCE OR EMPLOYMENT OF CERTAIN PERSONS AT PERMITTED OR LICENSED PREMISES OPERATING AS SEXUALLY ORIENTED BUSINESS.

Chapter 107

  1. Tex. Alcoholic Beverage Code Sec. 107.01. TRANSPORTATION OF LIQUOR: STATEMENT REQUIRED.

  2. Tex. Alcoholic Beverage Code Sec. 107.02. TRANSPORTATION OF MALT BEVERAGES: STATEMENT REQUIRED.

  3. Tex. Alcoholic Beverage Code Sec. 107.03. DELIVERY OF LIQUOR IN DRY AREA. No carrier may transport and deliver liquor to a person in a dry area in this state except for a purpose authorized by this code.

  4. Tex. Alcoholic Beverage Code Sec. 107.04. DELIVERY OF MALT BEVERAGES IN DRY AREA. A common carrier may not deliver malt beverages in a dry area unless the malt beverages are consigned to a general distributor's licensee who has previously stated that the licensee intends to transport the malt beverages to a licensed place of business in a wet area. A common carrier who transports malt beverages to a distributor in a dry area shall comply strictly with this section and Section 107.02.

  5. Tex. Alcoholic Beverage Code Sec. 107.05. IMPORTATION OF LIQUOR.

  6. Tex. Alcoholic Beverage Code Sec. 107.06. IMPORTATION OF MALT BEVERAGES.

  7. Tex. Alcoholic Beverage Code Sec. 107.07. IMPORTATION FOR PERSONAL USE; IMPORTATION BY RAILROAD COMPANIES.

  8. Tex. Alcoholic Beverage Code Sec. 107.08. TRANSPORTATION OF BEVERAGES FOR PERSONAL CONSUMPTION. A person who purchases an alcoholic beverage for the person's own consumption may personally transport it from a place where its sale is legal to a place where its possession is legal without holding a license or permit.

  9. Tex. Alcoholic Beverage Code Sec. 107.09. SINGLE INVOICE AUTHORIZED. If the holder of a general or branch distributor's license also holds a wholesaler's or general class B wholesaler's permit, a written statement or invoice required as evidence of the sale of malt beverages or liquor may be on the same business form that is designed to reflect the sale of both liquor and malt beverages, if all information required by this code to be shown on a statement or invoice is reflected on the form and all other records required by this code are maintained.

  10. Tex. Alcoholic Beverage Code Sec. 107.10. TRANSPORTATION OF WINE COOLERS OR SPIRIT COOLERS.

  11. Tex. Alcoholic Beverage Code Sec. 107.11. IMPORTATION OF PERSONAL COLLECTION.

Chapter 108

  1. Tex. Alcoholic Beverage Code Sec. 108.01. DECEPTIVE, DISPARAGING, OR OTHERWISE UNLAWFUL ADVERTISING.

  2. Tex. Alcoholic Beverage Code Sec. 108.02. PROHIBITED FORMS OF ADVERTISING. No person may advertise an alcoholic beverage or the sale of an alcoholic beverage by the employment or use of a sound vehicle or handbill on a public street, alley, or highway.

  3. Tex. Alcoholic Beverage Code Sec. 108.03. REGULATION OF PROMOTIONAL ACTIVITIES. The commission shall adopt rules permitting and regulating the use of business cards, menu cards, stationery, service vehicles and equipment, and delivery vehicles and equipment that bear alcoholic beverage advertising. The commission shall also adopt rules permitting and regulating the use of insignia advertising malt beverages, distilled spirits, or wine by brand name on caps, regalia, or uniforms worn by employees of manufacturers, distributors, distillers, or wineries or by participants in a game, sport, athletic contest, or revue if the participants are sponsored by a manufacturer, distributor, distiller, or winery.

  4. Tex. Alcoholic Beverage Code Sec. 108.035. PACKAGING OF CERTAIN PROMOTIONAL ITEMS AUTHORIZED. Notwithstanding any other provision of this code, a person who holds a brewer's license or nonresident brewer's license, or the person's agent or employee, may package alcoholic beverages in combination with other items if the package is designed to be delivered intact to the distributor and the additional items are branded and have no value or benefit to the retailer other than that of having the potential of attracting purchases and promoting sales.

  5. Tex. Alcoholic Beverage Code Sec. 108.04. ACTS OF PROMOTIONAL OR COURTESY NATURE: ADMINISTRATIVE DISCRETION. The commission may promulgate rules which shall set definite limitations consistent with the general provisions of this code, relaxing the restrictions of Sections 102.07, 102.14, 102.15, and 108.06, with respect to:

  6. Tex. Alcoholic Beverage Code Sec. 108.041. CARBON DIOXIDE FILTERS PROVIDED TO RETAILERS.

  7. Tex. Alcoholic Beverage Code Sec. 108.042. ACTS OF PROMOTIONAL OR COURTESY NATURE: WINE DISPENSING. The commission shall adopt rules that set definite limitations, consistent with the general provisions of this code, relaxing the restrictions of Section 102.07 to allow the holder of a wholesaler's or general class B wholesaler's permit or the permit holder's agent to perform the cleaning and maintenance of coil connections for the dispensing of wine.

  8. Tex. Alcoholic Beverage Code Sec. 108.05. ALLOWANCE FOR ADVERTISEMENT OR DISTRIBUTION. A brewer or distributor, directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may not pay or make an allowance to a retail dealer for an advertising or distribution service.

  9. Tex. Alcoholic Beverage Code Sec. 108.06. PRIZES AND PREMIUMS. A brewer or distributor, directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may not offer a prize, premium, gift, or other inducement to a dealer in or consumer of brewery products.

  10. Tex. Alcoholic Beverage Code Sec. 108.061. SWEEPSTAKES PROMOTIONS AUTHORIZED.

  11. Tex. Alcoholic Beverage Code Sec. 108.07. ADVERTISING OF MIXED BEVERAGE ESTABLISHMENTS. The provisions of this code applicable to outdoor advertising and to advertising in or on the premises do not apply to establishments for which a mixed beverage permit has been issued. The commission or administrator shall promulgate reasonable rules relating to that type of advertising, and violation of any of those rules is a violation of this code.

  12. Tex. Alcoholic Beverage Code Sec. 108.08. ADVERTISING IN CERTAIN ECONOMIC DEVELOPMENT FACILITIES.

  13. Tex. Alcoholic Beverage Code Sec. 108.09. ADVERTISING WHERE PRODUCT MAY BE PURCHASED.

  14. Tex. Alcoholic Beverage Code Sec. 108.10. BRANDED PROMOTIONAL VEHICLES. Notwithstanding any other provision of this code, the holder of a brewer's or nonresident brewer's license or a nonresident seller's permit may display a branded promotional vehicle on the licensed or permitted premises of a retailer, whether outside or inside a structure on the premises, for not more than five hours per day.

  15. Tex. Alcoholic Beverage Code Sec. 108.51. DEFINITIONS. In this subchapter:

  16. Tex. Alcoholic Beverage Code Sec. 108.52. PERMISSIBLE OUTDOOR ADVERTISING.

  17. Tex. Alcoholic Beverage Code Sec. 108.53. ADVERTISING SIGNS. Consistent with other provisions of this code, the commission shall promulgate rules allowing for signs advertising alcoholic beverages at charitable or civic events such as fairs, rodeos, or other events of a temporary nature. This section does not authorize, nor shall any rule of the commission authorize, a retailer of alcoholic beverages to derive, directly or indirectly, any money or consideration of any kind as a result of alcoholic beverage advertising, and the commission's rules shall reflect the intent that the charity or civic endeavor receive the proceeds, if any, from such advertising signs.

  18. Tex. Alcoholic Beverage Code Sec. 108.54. NONCONFORMING OUTDOOR ADVERTISING: SEIZURE, REMOVAL.

  19. Tex. Alcoholic Beverage Code Sec. 108.55. LOCAL REGULATION OF BILLBOARDS, ELECTRIC SIGNS. No person may erect or maintain a billboard, electric sign, or any outdoor advertising in violation of an ordinance of an incorporated city or town.

  20. Tex. Alcoholic Beverage Code Sec. 108.56. DRY AREAS.

  21. Tex. Alcoholic Beverage Code Sec. 108.71. PURPOSE. This subchapter governs the statutory duties, rights, and relations among licensees and permittees operating under this subchapter, including their relations with the owners and operators of public entertainment facilities. This subchapter expressly authorizes alcoholic beverage distillers, manufacturers, distributors, and wholesalers, except as provided by Section 108.74, to promote and sponsor events and advertise alcoholic beverage brands and products at public entertainment facilities without establishing unlawful intertier relations, including with retail permittees operating at those facilities.

  22. Tex. Alcoholic Beverage Code Sec. 108.72. SHORT TITLE. This subchapter may be cited as the Industry Public Entertainment Facilities Act.

  23. Tex. Alcoholic Beverage Code Sec. 108.73. DEFINITIONS. In this subchapter:

  24. Tex. Alcoholic Beverage Code Sec. 108.74. EXCEPTION OF CERTAIN WHOLESALER FROM APPLICATION OF THIS SUBCHAPTER. A person who holds a permit under Chapter 19 and whose revenues from the sale of alcoholic beverages are predominately obtained from the sale of distilled spirits and wine may not enter into advertising, sponsorship, or promotional agreements as authorized by Section 108.75.

  25. Tex. Alcoholic Beverage Code Sec. 108.75. ADVERTISING AND PROMOTION IN PUBLIC ENTERTAINMENT FACILITY.

  26. Tex. Alcoholic Beverage Code Sec. 108.755. CERTAIN GOVERNMENTALLY OWNED FACILITIES.

  27. Tex. Alcoholic Beverage Code Sec. 108.76. VIOLATION. The provision, placement, and use of sponsorship signs as authorized by and in compliance with this subchapter by members of the distiller, manufacturing, distributor, or wholesaler tier, independent concessionaires, and public entertainment facility owners and operators does not constitute an illegal inducement, subterfuge, or a surrender of exclusive control.

  28. Tex. Alcoholic Beverage Code Sec. 108.77. COST OF ADVERTISEMENT, SPONSORSHIP, OR PROMOTION. No part of the cost of an advertisement, sponsorship, or promotion authorized by this subchapter may be charged to or paid by a distributor or wholesaler, except as provided by Section 108.74, unless the distributor or wholesaler:

  29. Tex. Alcoholic Beverage Code Sec. 108.78. CONFIDENTIALITY. Any concessionaire, sponsorship, advertisement, or promotional agreement, or related agreement and exhibits to such an agreement, entered into, submitted, filed, or requested by the administrator or commission is deemed confidential under Section 5.48(b).

  30. Tex. Alcoholic Beverage Code Sec. 108.79. OPTIONAL PREAPPROVAL PROCESS.

  31. Tex. Alcoholic Beverage Code Sec. 108.80. JUDICIAL REVIEW.

  32. Tex. Alcoholic Beverage Code Sec. 108.81. SPONSOR LIABILITY. A beverage distiller, manufacturer, distributor, or wholesaler who sponsors an event at a public entertainment facility or on public entertainment facility property, or who advertises or displays sponsorship signs in connection with such an event or facility or property, shall not be liable solely because of such sponsorship, advertisement, or display of sponsorship signs for any personal injury, death, or property damage occurring at such a facility or property or as a result of the operation or condition of such facility or property or because of any tort committed by any other party at or in connection with such event, facility, or property.

  33. Tex. Alcoholic Beverage Code Sec. 108.82. ALCOHOLIC BEVERAGE CONSUMPTION IN PUBLIC ENTERTAINMENT FACILITIES AND ZONES.

Chapter 109

  1. Tex. Alcoholic Beverage Code Sec. 109.01. SALE OF SALVAGED OR INSURED LOSS. If a person who does not hold a permit or license to sell alcoholic beverages acquires possession of alcoholic beverages as an insurer or insurance salvor in the salvage or liquidation of an insured damage or loss sustained in this state by a qualified licensee or permittee, he may sell the beverages in one lot or parcel as provided in this subchapter without being required to obtain a license or permit.

  2. Tex. Alcoholic Beverage Code Sec. 109.02. REGISTRATION OF BEVERAGES WITH COMMISSION. Immediately after taking possession of the alcoholic beverages, the insurer or insurance salvor shall register them with the commission, furnishing the commission a detailed inventory and the exact location of the beverages. At the time of registration, the registrant shall post with the commission a surety bond in an amount that the administrator finds adequate to protect the state against the taxes due on the beverages, if any are due. The registrant shall remit with the registration a fee of $10. The fee only permits the sale of the beverages listed in the registration.

  3. Tex. Alcoholic Beverage Code Sec. 109.03. PREREQUISITE TO SALABILITY. An alcoholic beverage is salable under this subchapter only if it has not been adulterated, it is fit for human consumption, all tax stamps required by law have been affixed, and the labels are legible as to contents, brand, and manufacturer.

  4. Tex. Alcoholic Beverage Code Sec. 109.04. SALE OF MALT BEVERAGES: PROCEDURE.

  5. Tex. Alcoholic Beverage Code Sec. 109.05. SALE OF LIQUOR: PROCEDURE.

  6. Tex. Alcoholic Beverage Code Sec. 109.06. PURCHASER'S RIGHT TO USE BEVERAGES. A permittee or licensee who purchases alcoholic beverages under this subchapter may treat them as other alcoholic beverages acquired by him as provided in this code.

  7. Tex. Alcoholic Beverage Code Sec. 109.07. SALVOR MAY REJECT BID. A salvor may reject a bid made on only a part of a whole salvage.

  8. Tex. Alcoholic Beverage Code Sec. 109.08. EXCLUSION. Notwithstanding any other provision of this code, a person engaged in business as a distiller, brewer, winery, or any other manufacturing level producer of liquor or malt beverages, or their wholesalers or distributors, may not directly or indirectly or through an affiliate require, by agreement or otherwise, that any retailer engaged in the sale of liquor or malt beverages purchase any such products from such person to the exclusion in whole or in part of liquor or malt beverages sold or offered for sale by other persons, or prevent, deter, hinder, or restrict other persons from selling or offering for sale any such products to any retailer.

  9. Tex. Alcoholic Beverage Code Sec. 109.09. REMOVAL, DESTRUCTION, AND DISPOSAL OF UNINSURED BEVERAGES UNFIT FOR CONSUMPTION.

  10. Tex. Alcoholic Beverage Code Sec. 109.21. HOME PRODUCTION OF WINE OR MALT BEVERAGES.

  11. Tex. Alcoholic Beverage Code Sec. 109.22. DELIVERY OF HOME-PRODUCED WINE OR MALT BEVERAGES FOR CERTAIN PURPOSES.

  12. Tex. Alcoholic Beverage Code Sec. 109.31. MUNICIPAL REGULATION OF LIQUOR. A city by charter may prohibit the sale of liquor in all or part of the residential sections of the city.

  13. Tex. Alcoholic Beverage Code Sec. 109.32. MUNICIPAL AND COUNTY REGULATION OF MALT BEVERAGES.

  14. Tex. Alcoholic Beverage Code Sec. 109.33. SALES NEAR SCHOOL, CHURCH, OR HOSPITAL.

  15. Tex. Alcoholic Beverage Code Sec. 109.331. SALES NEAR DAY-CARE CENTER OR CHILD-CARE FACILITY.

  16. Tex. Alcoholic Beverage Code Sec. 109.35. ORDERS FOR PROHIBITION ON CONSUMPTION.

  17. Tex. Alcoholic Beverage Code Sec. 109.36. CONSUMPTION OF ALCOHOLIC BEVERAGES NEAR HOMELESS SHELTER OR SUBSTANCE ABUSE TREATMENT CENTER.

  18. Tex. Alcoholic Beverage Code Sec. 109.51. SACRAMENTAL WINE. Nothing in this code limits the right of a minister, priest, rabbi, or religious organization from obtaining sacramental wine for sacramental purposes only, directly from any lawful source inside or outside the state. No fee or tax may be directly or indirectly charged for the exercise of this right. The commission by rule and regulation may regulate the importation of sacramental wine and prevent unlawful use of the right granted by this section.

  19. Tex. Alcoholic Beverage Code Sec. 109.52. WAREHOUSE RECEIPTS. A bank, trust company, or other financial institution that owns or possesses warehouse receipts for alcoholic beverages as security for a loan, after receiving permission from the commission or administrator, may sell the beverages to a licensee or permittee authorized to purchase them.

  20. Tex. Alcoholic Beverage Code Sec. 109.53. CITIZENSHIP OF PERMITTEE; CONTROL OF PREMISES; SUBTERFUGE OWNERSHIP; ETC. A person who has not been a citizen of Texas for a period of one year immediately preceding the filing of the person's application therefor is not eligible to receive a permit under this code. No permit shall be issued to a corporation unless the same be incorporated under the laws of the state and unless at least 51 percent of the stock of the corporation is owned at all times by citizens who have resided within the state for a period of one year and who possess the qualifications required of other applicants for permits; provided, however, that the restrictions contained in the preceding clause shall not apply to domestic or foreign corporations that were engaged in the legal alcoholic beverage business in this state under charter or permit prior to August 24, 1935. Partnerships, firms, and associations applying for permits shall be composed wholly of citizens possessing the qualifications above enumerated. Any corporation (except carrier) holding a permit under this code which shall violate any provisions hereof, or any rule or regulation promulgated hereunder, shall be subject to forfeiture of its charter and it shall be the duty of the attorney general, when any such violation is called to the attorney general's attention, to file a suit for such cancellation in a district court of Travis County. The provisions of this section that require Texas citizenship or require incorporation in Texas do not apply to the holders of carrier's permits. A person may not sell, warehouse, store or solicit orders for any liquor in any wet area without first having procured a permit of the class required for such privilege, or consent to the use of or allow the person's permit to be displayed by or used by any person other than the one to whom the permit was issued. It is the intent of the legislature to prevent subterfuge ownership of or unlawful use of a permit or the premises covered by such permit; and all provisions of this code shall be liberally construed to carry out this intent, and it shall be the duty of the commission or the administrator to provide strict adherence to the general policy of preventing subterfuge ownership and related practices hereinafter declared to constitute unlawful trade practices. An applicant for a package store permit or a renewal of a package store permit may not designate as "premise" and the commission shall not approve a lesser area than that specifically defined as "premise" in Section 11.49(a). Every permittee shall have and maintain exclusive occupancy and control of the entire licensed premises in every phase of the storage, distribution, possession, and transportation and sale of all alcoholic beverages purchased, stored or sold on the licensed premises. Any device, scheme or plan which surrenders control of the employees, premises or business of the permittee to persons other than the permittee shall be unlawful. No minor, unless accompanied by his or her parent, guardian, adult husband or adult wife, or other adult person into whose custody he or she has been committed for the time by some court, shall knowingly be allowed on the premises of the holder of a package store permit. The prohibition against the presence of a minor on the premises of the holder of a package store permit does not apply to the presence on the premises of the holder or a person lawfully employed by the holder. Any package store permittee who shall be injured in the permittee's business or property by another package store permittee by reason of anything prohibited in this section may institute suit in any district court in the county wherein the violation is alleged to have occurred to require enforcement by injunctive procedures and/or to recover threefold the damages sustained by the permittee; plus costs of suit including a reasonable attorney's fee. The provisions prohibiting the licensing of only a portion of a building as premise for a package store permit shall not apply to hotels as already defined in this code.

  21. Tex. Alcoholic Beverage Code Sec. 109.531. ADDITIONAL REQUIREMENTS FOR APPLICATION OR RENEWAL OF PERMIT, LICENSE, OR CERTIFICATE BY OUT-OF-STATE RESIDENTS. In addition to any other requirement for a license, permit, or certificate under this code, a person who has not been a citizen of this state for a period of one year preceding the date the person filed an application for a permit, license, or certificate under Chapter 25, 26, 28, 29, 30, 32, 48, 50, 69, 71, or 74 shall:

  22. Tex. Alcoholic Beverage Code Sec. 109.532. CRIMINAL HISTORY BACKGROUND CHECKS.

  23. Tex. Alcoholic Beverage Code Sec. 109.54. FESTIVALS AND CIVIC CELEBRATIONS.

  24. Tex. Alcoholic Beverage Code Sec. 109.541. TASTINGS AT CERTAIN FESTIVALS AND CIVIC CELEBRATIONS. A person who holds a license or permit to manufacture alcoholic beverages in this state may conduct product tastings without the issuance of another license or permit under this code if those tastings are conducted:

  25. Tex. Alcoholic Beverage Code Sec. 109.55. CERTIFICATE. If after June 1, 1987, the certificate is filed under Section 15, Chapter 285, or Section 16, Chapter 462, Acts of the 69th Legislature, Regular Session, 1985, the contingency described by Subsection

  26. Tex. Alcoholic Beverage Code Sec. 109.56. CONVICTION OF OFFENSE RELATING TO DISCRIMINATION; POLICY OF NONDISCRIMINATION. The commission or administrator may suspend for not more than 60 days or cancel an original or renewal permit if it is found, after notice and hearing that:

  27. Tex. Alcoholic Beverage Code Sec. 109.57. APPLICATION OF CODE; OTHER JURISDICTIONS.

  28. Tex. Alcoholic Beverage Code Sec. 109.58. RELAXATION OF RESTRICTIONS AS TO CHARITABLE EVENTS.

  29. Tex. Alcoholic Beverage Code Sec. 109.59. APPLICATION OF DISTANCE REQUIREMENTS.

  30. Tex. Alcoholic Beverage Code Sec. 109.60. PURCHASES BY CERTAIN PERMITEES. For the convenience of the commission in performing its regulatory functions and the comptroller in examining tax accounts of mixed beverage permitees and private club permitees, each of these permitees is required to purchase separately and individually for each licensed premises any and all alcoholic beverages to be sold or served on the licensed premises.

  31. Tex. Alcoholic Beverage Code Sec. 109.61. USE OF CERTAIN ELECTRONICALLY READABLE INFORMATION.

  32. Tex. Alcoholic Beverage Code Sec. 109.62. TEMPORARY RELOCATION OF DISTRIBUTOR OR WHOLESALER DURING EMERGENCY.

  33. Tex. Alcoholic Beverage Code Sec. 109.63. BULK TRANSFERS BETWEEN CERTAIN PERMITTEES AND LICENSEES.

  34. Tex. Alcoholic Beverage Code Sec. 109.64. BULK PURCHASE FOR INDUSTRIAL USE. Section 102.32 applies to the bulk purchase of liquor for purposes described by Section 38.01 from the holder of a wholesaler's permit.

Chapter 110

  1. Tex. Alcoholic Beverage Code Sec. 110.001. DEFINITIONS. In this chapter:

  2. Tex. Alcoholic Beverage Code Sec. 110.002. PROGRAM ESTABLISHED.

  3. Tex. Alcoholic Beverage Code Sec. 110.051. PROMOTION, MARKETING, AND EDUCATION. The program shall:

  4. Tex. Alcoholic Beverage Code Sec. 110.052. PARTICIPATION OF PACKAGE STORES.

  5. Tex. Alcoholic Beverage Code Sec. 110.053. SALE AND SHIPMENT OF WINE THROUGH PROGRAM.

  6. Tex. Alcoholic Beverage Code Sec. 110.054. DELIVERY OF WINE IN A DRY AREA. A package store that participates in the program may ship wine under Section 110.053 to a person who resides in a dry area if:

  7. Tex. Alcoholic Beverage Code Sec. 110.055. SHIPPING FORM. The commission by rule shall adopt a standard invoice for shipping wine under Section 110.053 from a winery to a package store and from a package store to a purchaser that allows the commission to monitor the sale and delivery of wine through the program, including the amount of wine sold through the program and the payment of taxes on that wine.

Chapter 111

  1. Tex. Alcoholic Beverage Code Sec. 111.001. DEFINITIONS. In this chapter:

  2. Tex. Alcoholic Beverage Code Sec. 111.002. AUTHORIZED ACTIVITIES. A wine collection seller may sell to a permitted restaurant wine that is:

  3. Tex. Alcoholic Beverage Code Sec. 111.003. PURCHASE BY RESTAURANT; SALE TO CONSUMER. A permitted restaurant may purchase wine from a wine collection seller and sell that wine to an ultimate consumer for on-premises consumption in accordance with the permit held by the permitted restaurant.

  4. Tex. Alcoholic Beverage Code Sec. 111.004. RECORDS.

  5. Tex. Alcoholic Beverage Code Sec. 111.005. TAX. Sales of wine by a wine collection seller to a permitted restaurant under this chapter are exempt from the taxes imposed under Subchapter A, Chapter 201.

Business Commerce

Chapter 1

  1. Tex. Business & Commerce Code Sec. 1.101. SHORT TITLES.

  2. Tex. Business & Commerce Code Sec. 1.102. SCOPE OF CHAPTER. This chapter applies to a transaction to the extent that it is governed by another chapter of this title.

  3. Tex. Business & Commerce Code Sec. 1.103. CONSTRUCTION OF TITLE TO PROMOTE ITS PURPOSES AND POLICIES; APPLICABILITY OF SUPPLEMENTAL PRINCIPLES OF LAW.

  4. Tex. Business & Commerce Code Sec. 1.104. CONSTRUCTION AGAINST IMPLIED REPEAL. This title being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.

  5. Tex. Business & Commerce Code Sec. 1.105. SEVERABILITY. If any provision or clause of this title or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this title which can be given effect without the invalid provision or application, and to this end the provisions of this title are severable.

  6. Tex. Business & Commerce Code Sec. 1.106. USE OF SINGULAR AND PLURAL; GENDER. In this title, unless the statutory context otherwise requires:

  7. Tex. Business & Commerce Code Sec. 1.107. SECTION CAPTIONS. Section captions are parts of this title.

  8. Tex. Business & Commerce Code Sec. 1.108. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This title modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify, limit, or supersede Section 101(c) of that Act (15 U.S.C. Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that Act (15 U.S.C. Section 7003(b)).

  9. Tex. Business & Commerce Code Sec. 1.109. PREEMPTION. Unless expressly authorized by another statute, a municipality or county may not adopt, enforce, or maintain an ordinance, order, or rule regulating conduct in a field of regulation that is occupied by a provision of this code. An ordinance, order, or rule that violates this section is void, unenforceable, and inconsistent with this code.

  10. Tex. Business & Commerce Code Sec. 1.201. GENERAL DEFINITIONS.

  11. Tex. Business & Commerce Code Sec. 1.202. NOTICE; KNOWLEDGE.

  12. Tex. Business & Commerce Code Sec. 1.203. LEASE DISTINGUISHED FROM SECURITY INTEREST.

  13. Tex. Business & Commerce Code Sec. 1.204. VALUE. Except as otherwise provided in Chapters 3, 4, and 5, a person gives value for rights if the person acquires them:

  14. Tex. Business & Commerce Code Sec. 1.205. REASONABLE TIME; SEASONABLENESS.

  15. Tex. Business & Commerce Code Sec. 1.206. PRESUMPTIONS. Whenever this title creates a "presumption" with respect to a fact, or provides that a fact is "presumed," the trier of fact must find the existence of the fact unless and until evidence is introduced that supports a finding of its nonexistence.

  16. Tex. Business & Commerce Code Sec. 1.301. TERRITORIAL APPLICATION OF THE TITLE; PARTIES' POWER TO CHOOSE APPLICABLE LAW.

  17. Tex. Business & Commerce Code Sec. 1.302. VARIATION BY AGREEMENT.

  18. Tex. Business & Commerce Code Sec. 1.303. COURSE OF PERFORMANCE, COURSE OF DEALING, AND USAGE OF TRADE.

  19. Tex. Business & Commerce Code Sec. 1.304. OBLIGATION OF GOOD FAITH. Every contract or duty within this title imposes an obligation of good faith in its performance and enforcement.

  20. Tex. Business & Commerce Code Sec. 1.305. REMEDIES TO BE LIBERALLY ADMINISTERED.

  21. Tex. Business & Commerce Code Sec. 1.306. WAIVER OF RENUNCIATION OF CLAIM OR RIGHT AFTER BREACH. A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in an authenticated record.

  22. Tex. Business & Commerce Code Sec. 1.307. PRIMA FACIE EVIDENCE BY THIRD-PARTY DOCUMENTS. A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher's or inspector's certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party is prima facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third party.

  23. Tex. Business & Commerce Code Sec. 1.308. PERFORMANCE OR ACCEPTANCE UNDER RESERVATION OF RIGHTS.

  24. Tex. Business & Commerce Code Sec. 1.309. OPTION TO ACCELERATE AT WILL. A term providing that one party or that party's successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or when the party "deems itself insecure," or words of similar import, means that the party has power to do so only if that party in good faith believes that the prospect of payment or performance is impaired. The burden of establishing lack of good faith is on the party against which the power has been exercised.

  25. Tex. Business & Commerce Code Sec. 1.310. SUBORDINATED OBLIGATIONS. An obligation may be issued as subordinated to performance of another obligation of the person obligated, or a creditor may subordinate its right to performance of an obligation by agreement with either the person obligated or another creditor of the person obligated. Subordination does not create a security interest as against either the common debtor or a subordinated creditor.

Chapter 2

  1. Tex. Business & Commerce Code Sec. 2.101. SHORT TITLE. This chapter may be cited as Uniform Commercial Code--Sales.

  2. Tex. Business & Commerce Code Sec. 2.102. SCOPE; CERTAIN SECURITY AND OTHER TRANSACTIONS EXCLUDED FROM THIS CHAPTER. Unless the context otherwise requires, this chapter applies to transactions in goods; it does not apply to any transaction which although in the form of an unconditional contract to sell or present sale is intended to operate only as a security transaction nor does this chapter impair or repeal any statute regulating sales to consumers, farmers or other specified classes of buyers.

  3. Tex. Business & Commerce Code Sec. 2.103. DEFINITIONS AND INDEX OF DEFINITIONS.

  4. Tex. Business & Commerce Code Sec. 2.104. DEFINITIONS: "MERCHANT"; "BETWEEN MERCHANTS"; "FINANCING AGENCY".

  5. Tex. Business & Commerce Code Sec. 2.105. DEFINITIONS: TRANSFERABILITY; "GOODS"; "FUTURE" GOODS; "LOT"; "COMMERCIAL UNIT".

  6. Tex. Business & Commerce Code Sec. 2.106. DEFINITIONS: "CONTRACT"; "AGREEMENT"; "CONTRACT FOR SALE"; "SALE"; "PRESENT SALE"; "CONFORMING" TO CONTRACT; "TERMINATION"; "CANCELLATION".

  7. Tex. Business & Commerce Code Sec. 2.107. GOODS TO BE SEVERED FROM REALTY: RECORDING.

  8. Tex. Business & Commerce Code Sec. 2.201. FORMAL REQUIREMENTS; STATUTE OF FRAUDS.

  9. Tex. Business & Commerce Code Sec. 2.202. FINAL WRITTEN EXPRESSION: PAROL OR EXTRINSIC EVIDENCE. Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented

  10. Tex. Business & Commerce Code Sec. 2.203. SEALS INOPERATIVE. The affixing of a seal to a writing evidencing a contract for sale or an offer to buy or sell goods does not constitute the writing a sealed instrument and the law with respect to sealed instruments does not apply to such a contract or offer.

  11. Tex. Business & Commerce Code Sec. 2.204. FORMATION IN GENERAL.

  12. Tex. Business & Commerce Code Sec. 2.205. FIRM OFFERS. An offer by a merchant to buy or sell goods in a signed writing which by its terms gives assurance that it will be held open is not revocable, for lack of consideration, during the time stated or if no time is stated for a reasonable time, but in no event may such period of irrevocability exceed three months; but any such term of assurance on a form supplied by the offeree must be separately signed by the offeror.

  13. Tex. Business & Commerce Code Sec. 2.206. OFFER AND ACCEPTANCE IN FORMATION OF CONTRACT.

  14. Tex. Business & Commerce Code Sec. 2.207. ADDITIONAL TERMS IN ACCEPTANCE OR CONFIRMATION.

  15. Tex. Business & Commerce Code Sec. 2.209. MODIFICATION, RESCISSION AND WAIVER.

  16. Tex. Business & Commerce Code Sec. 2.210. DELEGATION OF PERFORMANCE; ASSIGNMENT OF RIGHTS.

  17. Tex. Business & Commerce Code Sec. 2.301. GENERAL OBLIGATIONS OF PARTIES. The obligation of the seller is to transfer and deliver and that of the buyer is to accept and pay in accordance with the contract.

  18. Tex. Business & Commerce Code Sec. 2.302. UNCONSCIONABLE CONTRACT OR CLAUSE.

  19. Tex. Business & Commerce Code Sec. 2.303. ALLOCATION OR DIVISION OF RISKS. Where this chapter allocates a risk or a burden as between the parties "unless otherwise agreed", the agreement may not only shift the allocation but may also divide the risk or burden.

  20. Tex. Business & Commerce Code Sec. 2.304. PRICE PAYABLE IN MONEY, GOODS, REALTY, OR OTHERWISE.

  21. Tex. Business & Commerce Code Sec. 2.305. OPEN PRICE TERM.

  22. Tex. Business & Commerce Code Sec. 2.306. OUTPUT, REQUIREMENTS AND EXCLUSIVE DEALINGS.

  23. Tex. Business & Commerce Code Sec. 2.307. DELIVERY IN SINGLE LOT OR SEVERAL LOTS. Unless otherwise agreed all goods called for by a contract for sale must be tendered in a single delivery and payment is due only on such tender but where the circumstances give either party the right to make or demand delivery in lots the price if it can be apportioned may be demanded for each lot.

  24. Tex. Business & Commerce Code Sec. 2.308. ABSENCE OF SPECIFIED PLACE FOR DELIVERY. Unless otherwise agreed

  25. Tex. Business & Commerce Code Sec. 2.309. ABSENCE OF SPECIFIC TIME PROVISIONS; NOTICE OF TERMINATION.

  26. Tex. Business & Commerce Code Sec. 2.310. OPEN TIME FOR PAYMENT OR RUNNING OF CREDIT; AUTHORITY TO SHIP UNDER RESERVATION. Unless otherwise agreed

  27. Tex. Business & Commerce Code Sec. 2.311. OPTIONS AND COOPERATION RESPECTING PERFORMANCE.

  28. Tex. Business & Commerce Code Sec. 2.312. WARRANTY OF TITLE AND AGAINST INFRINGEMENT; BUYER'S OBLIGATION AGAINST INFRINGEMENT.

  29. Tex. Business & Commerce Code Sec. 2.313. EXPRESS WARRANTIES BY AFFIRMATION, PROMISE, DESCRIPTION, SAMPLE.

  30. Tex. Business & Commerce Code Sec. 2.314. IMPLIED WARRANTY: MERCHANTABILITY; USAGE OF TRADE.

  31. Tex. Business & Commerce Code Sec. 2.315. IMPLIED WARRANTY: FITNESS FOR PARTICULAR PURPOSE. Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.

  32. Tex. Business & Commerce Code Sec. 2.316. EXCLUSION OR MODIFICATION OF WARRANTIES.

  33. Tex. Business & Commerce Code Sec. 2.317. CUMULATION AND CONFLICT OF WARRANTIES EXPRESS OR IMPLIED. Warranties whether express or implied shall be construed as consistent with each other and as cumulative, but if such construction is unreasonable the intention of the parties shall determine which warranty is dominant. In ascertaining that intention the following rules apply:

  34. Tex. Business & Commerce Code Sec. 2.318. CHAPTER NEUTRAL ON QUESTION OF THIRD PARTY BENEFICIARIES OF WARRANTIES OF QUALITY AND ON NEED FOR PRIVITY OF CONTRACT. This chapter does not provide whether anyone other than a buyer may take advantage of an express or implied warranty of quality made to the buyer or whether the buyer or anyone entitled to take advantage of a warranty made to the buyer may sue a third party other than the immediate seller for deficiencies in the quality of the goods. These matters are left to the courts for their determination.

  35. Tex. Business & Commerce Code Sec. 2.319. F.O.B. AND F.A.S. TERMS.

  36. Tex. Business & Commerce Code Sec. 2.320. C.I.F. AND C. & F. TERMS.

  37. Tex. Business & Commerce Code Sec. 2.321. C.I.F. OR C. & F.: "NET LANDED WEIGHTS"; "PAYMENT ON ARRIVAL"; WARRANTY OF CONDITION ON ARRIVAL. Under a contract containing a term C.I.F. or C. & F.

  38. Tex. Business & Commerce Code Sec. 2.322. DELIVERY "EX-SHIP".

  39. Tex. Business & Commerce Code Sec. 2.323. FORM OF BILL OF LADING REQUIRED IN OVERSEAS SHIPMENT; "OVERSEAS".

  40. Tex. Business & Commerce Code Sec. 2.324. "NO ARRIVAL, NO SALE" TERM. Under a term "no arrival, no sale" or terms of like meaning, unless otherwise agreed,

  41. Tex. Business & Commerce Code Sec. 2.325. "LETTER OF CREDIT" TERM; "CONFIRMED CREDIT".

  42. Tex. Business & Commerce Code Sec. 2.326. SALE ON APPROVAL AND SALE OR RETURN; RIGHTS OF CREDITORS.

  43. Tex. Business & Commerce Code Sec. 2.327. SPECIAL INCIDENTS OF SALE ON APPROVAL AND SALE OR RETURN.

  44. Tex. Business & Commerce Code Sec. 2.328. SALE BY AUCTION.

  45. Tex. Business & Commerce Code Sec. 2.401. PASSING OF TITLE; RESERVATION FOR SECURITY; LIMITED APPLICATION OF THIS SECTION. Each provision of this chapter with regard to the rights, obligations and remedies of the seller, the buyer, purchasers or other third parties applies irrespective of title to the goods except where the provision refers to such title. Insofar as situations are not covered by the other provisions of this chapter and matters concerning title become material the following rules apply:

  46. Tex. Business & Commerce Code Sec. 2.402. RIGHTS OF SELLER'S CREDITORS AGAINST SOLD GOODS.

  47. Tex. Business & Commerce Code Sec. 2.403. POWER TO TRANSFER; GOOD FAITH PURCHASE OF GOODS; "ENTRUSTING".

  48. Tex. Business & Commerce Code Sec. 2.501. INSURABLE INTEREST IN GOODS; MANNER OF IDENTIFICATION OF GOODS.

  49. Tex. Business & Commerce Code Sec. 2.502. BUYER'S RIGHT TO GOODS ON SELLER'S REPUDIATION, FAILURE TO DELIVER, OR INSOLVENCY.

  50. Tex. Business & Commerce Code Sec. 2.503. MANNER OF SELLER'S TENDER OF DELIVERY.

  51. Tex. Business & Commerce Code Sec. 2.504. SHIPMENT BY SELLER. Where the seller is required or authorized to send the goods to the buyer and the contract does not require him to deliver them at a particular destination, then unless otherwise agreed he must

  52. Tex. Business & Commerce Code Sec. 2.505. SELLER'S SHIPMENT UNDER RESERVATION.

  53. Tex. Business & Commerce Code Sec. 2.506. RIGHTS OF FINANCING AGENCY.

  54. Tex. Business & Commerce Code Sec. 2.507. EFFECT OF SELLER'S TENDER; DELIVERY ON CONDITION.

  55. Tex. Business & Commerce Code Sec. 2.508. CURE BY SELLER OF IMPROPER TENDER OR DELIVERY; REPLACEMENT.

  56. Tex. Business & Commerce Code Sec. 2.509. RISK OF LOSS IN THE ABSENCE OF BREACH.

  57. Tex. Business & Commerce Code Sec. 2.510. EFFECT OF BREACH ON RISK OF LOSS.

  58. Tex. Business & Commerce Code Sec. 2.511. TENDER OF PAYMENT BY BUYER; PAYMENT BY CHECK.

  59. Tex. Business & Commerce Code Sec. 2.512. PAYMENT BY BUYER BEFORE INSPECTION.

  60. Tex. Business & Commerce Code Sec. 2.513. BUYER'S RIGHT TO INSPECTION OF GOODS.

  61. Tex. Business & Commerce Code Sec. 2.514. WHEN DOCUMENTS DELIVERABLE ON ACCEPTANCE; WHEN ON PAYMENT. Unless otherwise agreed documents against which a draft is drawn are to be delivered to the drawee on acceptance of the draft if it is payable more than three days after presentment; otherwise, only on payment.

  62. Tex. Business & Commerce Code Sec. 2.515. PRESERVING EVIDENCE OF GOODS IN DISPUTE. In furtherance of the adjustment of any claim or dispute

  63. Tex. Business & Commerce Code Sec. 2.601. BUYER'S RIGHTS ON IMPROPER DELIVERY. Subject to the provisions of this chapter on breach in installment contracts (Section 2.612) and unless otherwise agreed under the sections on contractual limitations of remedy (Sections 2.718 and 2.719), if the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may

  64. Tex. Business & Commerce Code Sec. 2.602. MANNER AND EFFECT OF RIGHTFUL REJECTION.

  65. Tex. Business & Commerce Code Sec. 2.603. MERCHANT BUYER'S DUTIES AS TO RIGHTFULLY REJECTED GOODS.

  66. Tex. Business & Commerce Code Sec. 2.604. BUYER'S OPTIONS AS TO SALVAGE OF RIGHTFULLY REJECTED GOODS. Subject to the provisions of the immediately preceding section on perishables if the seller gives no instructions within a reasonable time after notification of rejection the buyer may store the rejected goods for the seller's account or reship them to him or resell them for the seller's account with reimbursement as provided in the preceding section. Such action is not acceptance or conversion.

  67. Tex. Business & Commerce Code Sec. 2.605. WAIVER OF BUYER'S OBJECTIONS BY FAILURE TO PARTICULARIZE.

  68. Tex. Business & Commerce Code Sec. 2.606. WHAT CONSTITUTES ACCEPTANCE OF GOODS.

  69. Tex. Business & Commerce Code Sec. 2.607. EFFECT OF ACCEPTANCE; NOTICE OF BREACH; BURDEN OF ESTABLISHING BREACH AFTER ACCEPTANCE; NOTICE OF CLAIM OR LITIGATION TO PERSON ANSWERABLE OVER.

  70. Tex. Business & Commerce Code Sec. 2.608. REVOCATION OF ACCEPTANCE IN WHOLE OR IN PART.

  71. Tex. Business & Commerce Code Sec. 2.609. RIGHT TO ADEQUATE ASSURANCE OF PERFORMANCE.

  72. Tex. Business & Commerce Code Sec. 2.610. ANTICIPATORY REPUDIATION. When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the contract to the other, the aggrieved party may

  73. Tex. Business & Commerce Code Sec. 2.611. RETRACTION OF ANTICIPATORY REPUDIATION.

  74. Tex. Business & Commerce Code Sec. 2.612. "INSTALLMENT CONTRACT"; BREACH.

  75. Tex. Business & Commerce Code Sec. 2.613. CASUALTY TO IDENTIFIED GOODS. Where the contract requires for its performance goods identified when the contract is made, and the goods suffer casualty without fault of either party before the risk of loss passes to the buyer, or in a proper case under a "no arrival, no sale" term (Section 2.324) then

  76. Tex. Business & Commerce Code Sec. 2.614. SUBSTITUTED PERFORMANCE.

  77. Tex. Business & Commerce Code Sec. 2.615. EXCUSE BY FAILURE OF PRESUPPOSED CONDITIONS. Except so far as a seller may have assumed a greater obligation and subject to the preceding section on substituted performance:

  78. Tex. Business & Commerce Code Sec. 2.616. PROCEDURE ON NOTICE CLAIMING EXCUSE.

  79. Tex. Business & Commerce Code Sec. 2.701. REMEDIES FOR BREACH OF COLLATERAL CONTRACTS NOT IMPAIRED. Remedies for breach of any obligation or promise collateral or ancillary to a contract for sale are not impaired by the provisions of this chapter.

  80. Tex. Business & Commerce Code Sec. 2.702. SELLER'S REMEDIES ON DISCOVERY OF BUYER'S INSOLVENCY.

  81. Tex. Business & Commerce Code Sec. 2.703. SELLER'S REMEDIES IN GENERAL. Where the buyer wrongfully rejects or revokes acceptance of goods or fails to make a payment due on or before delivery or repudiates with respect to a part or the whole, then with respect to any goods directly affected and, if the breach is of the whole contract (Section 2.612), then also with respect to the whole undelivered balance, the aggrieved seller may

  82. Tex. Business & Commerce Code Sec. 2.704. SELLER'S RIGHT TO IDENTIFY GOODS TO THE CONTRACT NOTWITHSTANDING BREACH OR TO SALVAGE UNFINISHED GOODS.

  83. Tex. Business & Commerce Code Sec. 2.705. SELLER'S STOPPAGE OF DELIVERY IN TRANSIT OR OTHERWISE.

  84. Tex. Business & Commerce Code Sec. 2.706. SELLER'S RESALE INCLUDING CONTRACT FOR RESALE.

  85. Tex. Business & Commerce Code Sec. 2.707. "PERSON IN THE POSITION OF A SELLER".

  86. Tex. Business & Commerce Code Sec. 2.708. SELLER'S DAMAGES FOR NON-ACCEPTANCE OR REPUDIATION.

  87. Tex. Business & Commerce Code Sec. 2.709. ACTION FOR THE PRICE.

  88. Tex. Business & Commerce Code Sec. 2.710. SELLER'S INCIDENTAL DAMAGES. Incidental damages to an aggrieved seller include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the buyer's breach, in connection with return or resale of the goods or otherwise resulting from the breach.

  89. Tex. Business & Commerce Code Sec. 2.711. BUYER'S REMEDIES IN GENERAL; BUYER'S SECURITY INTEREST IN REJECTED GOODS.

  90. Tex. Business & Commerce Code Sec. 2.712. "COVER"; BUYER'S PROCUREMENT OF SUBSTITUTE GOODS.

  91. Tex. Business & Commerce Code Sec. 2.713. BUYER'S DAMAGES FOR NON-DELIVERY OR REPUDIATION.

  92. Tex. Business & Commerce Code Sec. 2.714. BUYER'S DAMAGES FOR BREACH IN REGARD TO ACCEPTED GOODS.

  93. Tex. Business & Commerce Code Sec. 2.715. BUYER'S INCIDENTAL AND CONSEQUENTIAL DAMAGES.

  94. Tex. Business & Commerce Code Sec. 2.716. BUYER'S RIGHT TO SPECIFIC PERFORMANCE OR REPLEVIN.

  95. Tex. Business & Commerce Code Sec. 2.717. DEDUCTION OF DAMAGES FROM THE PRICE. The buyer on notifying the seller of his intention to do so may deduct all or any part of the damages resulting from any breach of the contract from any part of the price still due under the same contract.

  96. Tex. Business & Commerce Code Sec. 2.718. LIQUIDATION OR LIMITATION OF DAMAGES; DEPOSITS.

  97. Tex. Business & Commerce Code Sec. 2.719. CONTRACTUAL MODIFICATION OR LIMITATION OF REMEDY.

  98. Tex. Business & Commerce Code Sec. 2.720. EFFECT OF "CANCELLATION" OR "RESCISSION" ON CLAIMS FOR ANTECEDENT BREACH. Unless the contrary intention clearly appears, expressions of "cancellation" or "rescission" of the contract or the like shall not be construed as a renunciation or discharge of any claim in damages for an antecedent breach.

  99. Tex. Business & Commerce Code Sec. 2.721. REMEDIES FOR FRAUD. Remedies for material misrepresentation or fraud include all remedies available under this chapter for non-fraudulent breach. Neither rescission or a claim for rescission of the contract for sale nor rejection or return of the goods shall bar or be deemed inconsistent with a claim for damages or other remedy.

  100. Tex. Business & Commerce Code Sec. 2.722. WHO CAN SUE THIRD PARTIES FOR INJURY TO GOODS. Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party to that contract

  101. Tex. Business & Commerce Code Sec. 2.723. PROOF OF MARKET PRICE: TIME AND PLACE.

  102. Tex. Business & Commerce Code Sec. 2.724. ADMISSIBILITY OF MARKET QUOTATIONS. Whenever the prevailing price or value of any goods regularly bought and sold in any established commodity market is in issue, reports in official publications or trade journals or in newspapers or periodicals of general circulation published as the reports of such market shall be admissible in evidence. The circumstances of the preparation of such a report may be shown to affect its weight but not its admissibility.

  103. Tex. Business & Commerce Code Sec. 2.725. STATUTE OF LIMITATIONS IN CONTRACTS FOR SALE.

Chapter 3

  1. Tex. Business & Commerce Code Sec. 3.101. SHORT TITLE. This chapter may be cited as Uniform Commercial Code-Negotiable Instruments.

  2. Tex. Business & Commerce Code Sec. 3.102. SUBJECT MATTER.

  3. Section 3.104.

  4. Section 3.104.

  5. Section 3.104.

  6. Section 3.104.

  7. Section 3.104.

  8. Section 3.104.

  9. Section 3.104.

  10. Section 3.104.

  11. Section 3.104.

  12. Section 3.105.

  13. Section 3.105.

  14. Section 3.108.

  15. Section 3.108.

  16. Section 3.109.

  17. Section 3.109.

  18. Section 3.115.

  19. Section 3.201.

  20. Section 3.203.

  21. Section 3.204.

  22. Section 3.204.

  23. Section 3.205.

  24. Section 3.205.

  25. Section 3.205.

  26. Section 3.207.

  27. Section 3.301.

  28. Section 3.302.

  29. Section 3.303.

  30. Section 3.303.

  31. Section 3.407.

  32. Section 3.409.

  33. Section 3.409.

  34. Section 3.419.

  35. Section 3.419.

  36. Section 3.501.

  37. Section 3.602.

  38. Section 4.104.

  39. Section 4.104.

  40. Section 4.104.

  41. Section 4.104.

  42. Section 4.104.

  43. Section 4.104.

  44. Section 4.105.

  45. Section 4.105.

  46. Section 4.105.

  47. Section 4.105.

  48. Tex. Business & Commerce Code Sec. 3.103. DEFINITIONS.

  49. Tex. Business & Commerce Code Sec. 3.104. NEGOTIABLE INSTRUMENT.

  50. Tex. Business & Commerce Code Sec. 3.105. ISSUE OF INSTRUMENT.

  51. Tex. Business & Commerce Code Sec. 3.106. UNCONDITIONAL PROMISE OR ORDER.

  52. Tex. Business & Commerce Code Sec. 3.107. INSTRUMENT PAYABLE IN FOREIGN MONEY. Unless the instrument otherwise provides, an instrument that states the amount payable in foreign money may be paid in the foreign money or in an equivalent amount in dollars calculated by using the current bank-offered spot rate at the place of payment for the purchase of dollars on the day on which the instrument is paid.

  53. Tex. Business & Commerce Code Sec. 3.108. PAYABLE ON DEMAND OR AT DEFINITE TIME.

  54. Tex. Business & Commerce Code Sec. 3.109. PAYABLE TO BEARER OR TO ORDER.

  55. Tex. Business & Commerce Code Sec. 3.110. IDENTIFICATION OF PERSON TO WHOM INSTRUMENT IS PAYABLE.

  56. Tex. Business & Commerce Code Sec. 3.111. PLACE OF PAYMENT. Except as otherwise provided for items in Chapter 4, an instrument is payable at the place of payment stated in the instrument. If no place of payment is stated, an instrument is payable at the address of the drawee or maker stated in the instrument. If no address is stated, the place of payment is the place of business of the drawee or maker. If a drawee or maker has more than one place of business, the place of payment is any place of business of the drawee or maker chosen by the person entitled to enforce the instrument. If the drawee or maker has no place of business, the place of payment is the residence of the drawee or maker.

  57. Tex. Business & Commerce Code Sec. 3.112. INTEREST.

  58. Tex. Business & Commerce Code Sec. 3.113. DATE OF INSTRUMENT.

  59. Tex. Business & Commerce Code Sec. 3.114. CONTRADICTORY TERMS OF INSTRUMENT. If an instrument contains contradictory terms, typewritten terms prevail over printed terms, handwritten terms prevail over both, and words prevail over numbers.

  60. Tex. Business & Commerce Code Sec. 3.115. INCOMPLETE INSTRUMENT.

  61. Tex. Business & Commerce Code Sec. 3.116. JOINT AND SEVERAL LIABILITY; CONTRIBUTION.

  62. Tex. Business & Commerce Code Sec. 3.117. OTHER AGREEMENTS AFFECTING INSTRUMENT. Subject to applicable law regarding exclusion of proof of contemporaneous or previous agreements, the obligation of a party to an instrument to pay the instrument may be modified, supplemented, or nullified by a separate agreement of the obligor and a person entitled to enforce the instrument, if the instrument is issued or the obligation is incurred in reliance on the agreement or as part of the same transaction giving rise to the agreement. To the extent an obligation is modified, supplemented, or nullified by an agreement under this section, the agreement is a defense to the obligation.

  63. Tex. Business & Commerce Code Sec. 3.118. STATUTE OF LIMITATIONS.

  64. Tex. Business & Commerce Code Sec. 3.119. NOTICE OF RIGHT TO DEFEND ACTION. In an action for breach of an obligation for which a third person is answerable over pursuant to this chapter or Chapter 4, the defendant may give the third person notice of the litigation in a record, and the person notified may then give similar notice to any other person who is answerable over. If the notice states

  65. Tex. Business & Commerce Code Sec. 3.201. NEGOTIATION.

  66. Tex. Business & Commerce Code Sec. 3.202. NEGOTIATION SUBJECT TO RESCISSION.

  67. Tex. Business & Commerce Code Sec. 3.203. TRANSFER OF INSTRUMENT; RIGHTS ACQUIRED BY TRANSFER.

  68. Tex. Business & Commerce Code Sec. 3.204. INDORSEMENT.

  69. Tex. Business & Commerce Code Sec. 3.205. SPECIAL INDORSEMENT; BLANK INDORSEMENT; ANOMALOUS INDORSEMENT.

  70. Tex. Business & Commerce Code Sec. 3.206. RESTRICTIVE INDORSEMENT.

  71. Tex. Business & Commerce Code Sec. 3.207. REACQUISITION. Reacquisition of an instrument occurs if it is transferred to a former holder, by negotiation or otherwise. A former holder who reacquires the instrument may cancel indorsements made after the reacquirer first became a holder of the instrument. If the cancellation causes the instrument to be payable to the reacquirer or to bearer, the reacquirer may negotiate the instrument. An indorser whose indorsement is canceled is discharged, and the discharge is effective against any subsequent holder.

  72. Tex. Business & Commerce Code Sec. 3.301. PERSON ENTITLED TO ENFORCE INSTRUMENT. "Person entitled to enforce" an instrument means

  73. Tex. Business & Commerce Code Sec. 3.302. HOLDER IN DUE COURSE.

  74. Tex. Business & Commerce Code Sec. 3.303. VALUE AND CONSIDERATION.

  75. Tex. Business & Commerce Code Sec. 3.304. OVERDUE INSTRUMENT.

  76. Tex. Business & Commerce Code Sec. 3.305. DEFENSES AND CLAIMS IN RECOUPMENT.

  77. Tex. Business & Commerce Code Sec. 3.306. CLAIMS TO AN INSTRUMENT. A person taking an instrument, other than a person having rights of a holder in due course, is subject to a claim of a property or possessory right in the instrument or its proceeds, including a claim to rescind a negotiation and to recover the instrument or its proceeds. A person having rights of a holder in due course takes free of the claim to the instrument.

  78. Tex. Business & Commerce Code Sec. 3.307. NOTICE OF BREACH OF FIDUCIARY DUTY.

  79. Tex. Business & Commerce Code Sec. 3.308. PROOF OF SIGNATURES AND STATUS AS HOLDER IN DUE COURSE.

  80. Tex. Business & Commerce Code Sec. 3.309. ENFORCEMENT OF LOST, DESTROYED, OR STOLEN INSTRUMENT.

  81. Tex. Business & Commerce Code Sec. 3.310. EFFECT OF INSTRUMENT ON OBLIGATION FOR WHICH TAKEN.

  82. Tex. Business & Commerce Code Sec. 3.311. ACCORD AND SATISFACTION BY USE OF INSTRUMENT.

  83. Tex. Business & Commerce Code Sec. 3.312. LOST, DESTROYED, OR STOLEN CASHIER'S CHECK, TELLER'S CHECK, OR CERTIFIED CHECK.

  84. Tex. Business & Commerce Code Sec. 3.401. SIGNATURE.

  85. Tex. Business & Commerce Code Sec. 3.402. SIGNATURE BY REPRESENTATIVE.

  86. Tex. Business & Commerce Code Sec. 3.403. UNAUTHORIZED SIGNATURE.

  87. Tex. Business & Commerce Code Sec. 3.404. IMPOSTORS; FICTITIOUS PAYEES.

  88. Tex. Business & Commerce Code Sec. 3.405. EMPLOYER'S RESPONSIBILITY FOR FRAUDULENT INDORSEMENT BY EMPLOYEE.

  89. Tex. Business & Commerce Code Sec. 3.406. NEGLIGENCE CONTRIBUTING TO FORGED SIGNATURE OR ALTERATION OF INSTRUMENT.

  90. Tex. Business & Commerce Code Sec. 3.407. ALTERATION.

  91. Tex. Business & Commerce Code Sec. 3.408. DRAWEE NOT LIABLE ON UNACCEPTED DRAFT. A check or other draft does not of itself operate as an assignment of funds in the hands of the drawee available for its payment, and the drawee is not liable on the instrument until the drawee accepts it.

  92. Tex. Business & Commerce Code Sec. 3.409. ACCEPTANCE OF DRAFT; CERTIFIED CHECK.

  93. Tex. Business & Commerce Code Sec. 3.410. ACCEPTANCE VARYING DRAFT.

  94. Tex. Business & Commerce Code Sec. 3.411. REFUSAL TO PAY CASHIER'S CHECKS, TELLER'S CHECKS, AND CERTIFIED CHECKS.

  95. Tex. Business & Commerce Code Sec. 3.412. OBLIGATION OF ISSUER OF NOTE OR CASHIER'S CHECK. The issuer of a note or cashier's check or other draft drawn on the drawer is obliged to pay the instrument

  96. Tex. Business & Commerce Code Sec. 3.413. OBLIGATION OF ACCEPTOR.

  97. Tex. Business & Commerce Code Sec. 3.414. OBLIGATION OF DRAWER.

  98. Tex. Business & Commerce Code Sec. 3.415. OBLIGATION OF INDORSER.

  99. Tex. Business & Commerce Code Sec. 3.416. TRANSFER WARRANTIES.

  100. Tex. Business & Commerce Code Sec. 3.417. PRESENTMENT WARRANTIES.

  101. Tex. Business & Commerce Code Sec. 3.418. PAYMENT OR ACCEPTANCE BY MISTAKE.

  102. Tex. Business & Commerce Code Sec. 3.419. INSTRUMENTS SIGNED FOR ACCOMMODATION.

  103. Tex. Business & Commerce Code Sec. 3.420. CONVERSION OF INSTRUMENT.

  104. Tex. Business & Commerce Code Sec. 3.501. PRESENTMENT.

  105. Tex. Business & Commerce Code Sec. 3.502. DISHONOR.

  106. Tex. Business & Commerce Code Sec. 3.503. NOTICE OF DISHONOR.

  107. Tex. Business & Commerce Code Sec. 3.504. EXCUSED PRESENTMENT AND NOTICE OF DISHONOR.

  108. Tex. Business & Commerce Code Sec. 3.505. EVIDENCE OF DISHONOR.

  109. Tex. Business & Commerce Code Sec. 3.506. PROCESSING FEE BY HOLDER OF PAYMENT DEVICE.

  110. Tex. Business & Commerce Code Sec. 3.507. DELIVERY NOTIFICATION FEE BY HOLDER OF CHECK OR SIMILAR SIGHT ORDER.

  111. Tex. Business & Commerce Code Sec. 3.601. DISCHARGE AND EFFECT OF DISCHARGE.

  112. Tex. Business & Commerce Code Sec. 3.602. PAYMENT.

  113. Tex. Business & Commerce Code Sec. 3.603. TENDER OF PAYMENT.

  114. Tex. Business & Commerce Code Sec. 3.604. DISCHARGE BY CANCELLATION OR RENUNCIATION.

  115. Tex. Business & Commerce Code Sec. 3.605. DISCHARGE OF SECONDARY OBLIGORS.

Chapter 4

  1. Tex. Business & Commerce Code Sec. 4.101. SHORT TITLE. This chapter may be cited as Uniform Commercial Code--Bank Deposits and Collections.

  2. Tex. Business & Commerce Code Sec. 4.102. APPLICABILITY.

  3. Tex. Business & Commerce Code Sec. 4.103. VARIATION BY AGREEMENT; MEASURE OF DAMAGES; ACTION CONSTITUTING ORDINARY CARE.

  4. Section 1.201.

  5. Section 3.103.

  6. Section 3.103.

  7. Section 3.103.

  8. Section 3.103.

  9. Section 3.103.

  10. Section 3.104.

  11. Section 3.104.

  12. Section 3.104.

  13. Section 3.104.

  14. Section 3.104.

  15. Section 3.301.

  16. Section 3.302.

  17. Section 3.403.

  18. Section 3.407.

  19. Section 3.409.

  20. Section 3.409.

  21. Section 3.501.

  22. Section 3.503.

  23. Section 4.105.

  24. Section 4.105.

  25. Section 4.105.

  26. Section 4.105.

  27. Section 4.105.

  28. Section 4.110.

  29. Section 4.110.

  30. Section 7.106.

  31. Tex. Business & Commerce Code Sec. 4.104. DEFINITIONS AND INDEX OF DEFINITIONS.

  32. Tex. Business & Commerce Code Sec. 4.105. "BANK"; "DEPOSITARY BANK"; "INTERMEDIARY BANK"; "COLLECTING BANK"; "PAYOR BANK"; "PRESENTING BANK". In this chapter:

  33. Tex. Business & Commerce Code Sec. 4.106. PAYABLE THROUGH OR PAYABLE AT BANK; COLLECTING BANK.

  34. Tex. Business & Commerce Code Sec. 4.107. SEPARATE OFFICE OF A BANK. A branch or separate office of a bank is a separate bank for the purpose of computing the time within which and determining the place at or to which action may be taken or notices or orders must be given under this chapter and under Chapter 3.

  35. Tex. Business & Commerce Code Sec. 4.108. TIME OF RECEIPT OF ITEMS.

  36. Tex. Business & Commerce Code Sec. 4.109. DELAYS.

  37. Tex. Business & Commerce Code Sec. 4.110. ELECTRONIC PRESENTMENT.

  38. Tex. Business & Commerce Code Sec. 4.111. STATUTE OF LIMITATIONS. An action to enforce an obligation, duty, or right arising under this chapter must be commenced within three years after the cause of action accrues.

  39. Tex. Business & Commerce Code Sec. 4.112. PAYMENT OF CHECK AT PAR.

  40. Tex. Business & Commerce Code Sec. 4.201. STATUS OF COLLECTING BANK AS AGENT AND PROVISIONAL STATUS OF CREDITS; APPLICABILITY OF CHAPTER; ITEM INDORSED "PAY ANY BANK".

  41. Tex. Business & Commerce Code Sec. 4.202. RESPONSIBILITY FOR COLLECTION OR RETURN; WHEN ACTION TIMELY.

  42. Tex. Business & Commerce Code Sec. 4.203. EFFECT OF INSTRUCTIONS. Subject to Chapter 3 concerning conversion of instruments (Section 3.420) and restrictive indorsements (Section 3.206), only a collecting bank's transferor can give instructions that affect the bank or constitute notice to it, and a collecting bank is not liable to prior parties for any action taken pursuant to the instructions or in accordance with any agreement with its transferor.

  43. Tex. Business & Commerce Code Sec. 4.204. METHODS OF SENDING AND PRESENTING; SENDING DIRECTLY TO PAYOR BANK.

  44. Tex. Business & Commerce Code Sec. 4.205. DEPOSITORY BANK HOLDER OF UNINDORSED ITEM. If a customer delivers an item to a depositary bank for collection, the depositary bank:

  45. Tex. Business & Commerce Code Sec. 4.206. TRANSFER BETWEEN BANKS. Any agreed method that identifies the transferor bank is sufficient for the item's further transfer to another bank.

  46. Tex. Business & Commerce Code Sec. 4.207. TRANSFER WARRANTIES.

  47. Tex. Business & Commerce Code Sec. 4.208. PRESENTMENT WARRANTIES.

  48. Tex. Business & Commerce Code Sec. 4.209. ENCODING AND RETENTION WARRANTIES.

  49. Tex. Business & Commerce Code Sec. 4.210. SECURITY INTEREST OF COLLECTING BANK IN ITEMS, ACCOMPANYING DOCUMENTS AND PROCEEDS.

  50. Tex. Business & Commerce Code Sec. 4.211. WHEN BANK GIVES VALUE FOR PURPOSES OF HOLDER IN DUE COURSE. For purposes of determining its status as a holder in due course, a bank has given value to the extent it has a security interest in an item, if the bank otherwise complies with the requirements of Section 3.302 on what constitutes a holder in due course.

  51. Tex. Business & Commerce Code Sec. 4.212. PRESENTMENT BY NOTICE OF ITEM NOT PAYABLE BY, THROUGH OR AT A BANK; LIABILITY OF DRAWER OR INDORSER.

  52. Tex. Business & Commerce Code Sec. 4.213. MEDIUM AND TIME OF SETTLEMENT BY BANK.

  53. Tex. Business & Commerce Code Sec. 4.214. RIGHT OF CHARGE-BACK OR REFUND; LIABILITY OF COLLECTING BANK; RETURN OF ITEM.

  54. Tex. Business & Commerce Code Sec. 4.215. FINAL PAYMENT OF ITEM BY PAYOR BANK; WHEN PROVISIONAL DEBITS AND CREDITS BECOME FINAL; WHEN CERTAIN CREDITS BECOME AVAILABLE FOR WITHDRAWAL.

  55. Tex. Business & Commerce Code Sec. 4.216. INSOLVENCY AND PREFERENCE.

  56. Tex. Business & Commerce Code Sec. 4.301. DEFERRED POSTING; RECOVERY OF PAYMENT BY RETURN OF ITEMS; TIME OF DISHONOR; RETURN OF ITEMS BY PAYOR BANK.

  57. Tex. Business & Commerce Code Sec. 4.302. PAYOR BANK'S RESPONSIBILITY FOR LATE RETURN OF ITEM.

  58. Tex. Business & Commerce Code Sec. 4.303. WHEN ITEMS SUBJECT TO NOTICE, STOP-PAYMENT ORDER, LEGAL PROCESS, OR SETOFF; ORDER IN WHICH ITEMS MAY BE CHARGED OR CERTIFIED.

  59. Tex. Business & Commerce Code Sec. 4.401. WHEN BANK MAY CHARGE CUSTOMER'S ACCOUNT.

  60. Tex. Business & Commerce Code Sec. 4.402. BANK'S LIABILITY TO CUSTOMER FOR WRONGFUL DISHONOR.

  61. Tex. Business & Commerce Code Sec. 4.403. CUSTOMER'S RIGHT TO STOP PAYMENT; BURDEN OF PROOF OF LOSS.

  62. Tex. Business & Commerce Code Sec. 4.404. BANK NOT OBLIGATED TO PAY CHECK MORE THAN SIX MONTHS OLD. A bank is under no obligation to a customer having a checking account to pay a check, other than a certified check, that is presented more than six months after its date, but it may charge its customer's account for a payment made thereafter in good faith.

  63. Tex. Business & Commerce Code Sec. 4.405. DEATH OR INCOMPETENCE OF CUSTOMER.

  64. Tex. Business & Commerce Code Sec. 4.406. CUSTOMER'S DUTY TO DISCOVER AND REPORT UNAUTHORIZED SIGNATURE OR ALTERATION.

  65. Tex. Business & Commerce Code Sec. 4.407. PAYOR BANK'S RIGHT TO SUBROGATION ON IMPROPER PAYMENT. If a payor bank has paid an item over the order of the drawer or maker to stop payment, or after an account has been closed, or otherwise under circumstances giving a basis for objection by the drawer or maker, to prevent unjust enrichment and only to the extent necessary to prevent loss to the bank by reason of its payment of the item, the payor bank is subrogated to the rights:

  66. Tex. Business & Commerce Code Sec. 4.501. HANDLING OF DOCUMENTARY DRAFTS; DUTY TO SEND FOR PRESENTMENT AND TO NOTIFY CUSTOMER OF DISHONOR. A bank that takes a documentary draft for collection shall present or send the draft and accompanying documents for presentment and, upon learning that the draft has not been paid or accepted in due course, shall seasonably notify its customer of the fact even though it may have discounted or bought the draft or extended credit available for withdrawal as of right.

  67. Tex. Business & Commerce Code Sec. 4.502. PRESENTMENT OF "ON ARRIVAL" DRAFTS. If a draft or the relevant instructions require presentment "on arrival", "when goods arrive", or the like, the collecting bank need not present until in its judgment a reasonable time for arrival of the goods has expired. Refusal to pay or accept because the goods have not arrived is not dishonor; the bank must notify its transferor of the refusal but need not present the draft again until it is instructed to do so or learns of the arrival of the goods.

  68. Tex. Business & Commerce Code Sec. 4.503. RESPONSIBILITY OF PRESENTING BANK FOR DOCUMENTS AND GOODS; REPORT OF REASONS FOR DISHONOR; REFEREE IN CASE OF NEED. Unless otherwise instructed and except as provided in Chapter 5, a bank presenting a documentary draft:

  69. Tex. Business & Commerce Code Sec. 4.504. PRIVILEGE OF PRESENTING BANK TO DEAL WITH GOODS; SECURITY INTEREST FOR EXPENSES.

Chapter 5

  1. Tex. Business & Commerce Code Sec. 5.101. SHORT TITLE. This chapter may be cited as Uniform Commercial Code--Letters of Credit.

  2. Tex. Business & Commerce Code Sec. 5.102. DEFINITIONS.

  3. Tex. Business & Commerce Code Sec. 5.103. SCOPE.

  4. Tex. Business & Commerce Code Sec. 5.104. FORMAL REQUIREMENTS. A letter of credit, confirmation, advice, transfer, amendment, or cancellation may be issued in any form that is a record and is authenticated:

  5. Tex. Business & Commerce Code Sec. 5.105. CONSIDERATION. Consideration is not required to issue, amend, transfer, or cancel a letter of credit, advice, or confirmation.

  6. Tex. Business & Commerce Code Sec. 5.106. ISSUANCE, AMENDMENT, CANCELLATION, AND DURATION.

  7. Tex. Business & Commerce Code Sec. 5.107. CONFIRMER, NOMINATED PERSON, AND ADVISER.

  8. Tex. Business & Commerce Code Sec. 5.108. ISSUER'S RIGHTS AND OBLIGATIONS.

  9. Tex. Business & Commerce Code Sec. 5.109. FRAUD AND FORGERY.

  10. Tex. Business & Commerce Code Sec. 5.110. WARRANTIES.

  11. Tex. Business & Commerce Code Sec. 5.111. REMEDIES.

  12. Tex. Business & Commerce Code Sec. 5.112. TRANSFER OF LETTER OF CREDIT.

  13. Tex. Business & Commerce Code Sec. 5.113. TRANSFER BY OPERATION OF LAW.

  14. Tex. Business & Commerce Code Sec. 5.114. ASSIGNMENT OF PROCEEDS.

  15. Tex. Business & Commerce Code Sec. 5.115. STATUTE OF LIMITATIONS. An action to enforce a right or obligation arising under this chapter must be commenced within one year after the expiration date of the relevant letter of credit or one year after the cause of action accrues, whichever occurs later. A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach.

  16. Tex. Business & Commerce Code Sec. 5.116. CHOICE OF LAW AND FORUM.

  17. Tex. Business & Commerce Code Sec. 5.117. SUBROGATION OF ISSUER, APPLICANT, AND NOMINATED PERSON.

  18. Tex. Business & Commerce Code Sec. 5.118. SECURITY INTEREST OF ISSUER OR NOMINATED PERSON.

Chapter 7

  1. Tex. Business & Commerce Code Sec. 7.101. SHORT TITLE. This chapter may be cited as Uniform Commercial Code--Documents of Title.

  2. Tex. Business & Commerce Code Sec. 7.102. DEFINITIONS AND INDEX OF DEFINITIONS.

  3. Tex. Business & Commerce Code Sec. 7.103. RELATION OF ARTICLE TO TREATY OR STATUTE.

  4. Tex. Business & Commerce Code Sec. 7.104. NEGOTIABLE AND NONNEGOTIABLE DOCUMENT OF TITLE.

  5. Tex. Business & Commerce Code Sec. 7.105. REISSUANCE IN ALTERNATIVE MEDIUM.

  6. Tex. Business & Commerce Code Sec. 7.106. CONTROL OF ELECTRONIC DOCUMENT OF TITLE.

  7. Tex. Business & Commerce Code Sec. 7.201. PERSON THAT MAY ISSUE A WAREHOUSE RECEIPT; STORAGE UNDER BOND.

  8. Tex. Business & Commerce Code Sec. 7.202. FORM OF WAREHOUSE RECEIPT.

  9. Tex. Business & Commerce Code Sec. 7.203. LIABILITY FOR NONRECEIPT OR MISDESCRIPTION. A party to or purchaser for value in good faith of a document of title, other than a bill of lading, that relies upon the description of the goods in the document may recover from the issuer damages caused by the nonreceipt or misdescription of the goods, except to the extent that:

  10. Tex. Business & Commerce Code Sec. 7.204. DUTY OF CARE; CONTRACTUAL LIMITATION OF WAREHOUSE'S LIABILITY.

  11. Tex. Business & Commerce Code Sec. 7.205. TITLE UNDER WAREHOUSE RECEIPT DEFEATED IN CERTAIN CASES. A buyer in ordinary course of business of fungible goods sold and delivered by a warehouse that is also in the business of buying and selling such goods takes the goods free of any claim under a warehouse receipt even if the receipt is negotiable and has been duly negotiated.

  12. Tex. Business & Commerce Code Sec. 7.206. TERMINATION OF STORAGE AT WAREHOUSE'S OPTION.

  13. Tex. Business & Commerce Code Sec. 7.207. GOODS MUST BE KEPT SEPARATE; FUNGIBLE GOODS.

  14. Tex. Business & Commerce Code Sec. 7.208. ALTERED WAREHOUSE RECEIPTS. If a blank in a negotiable tangible warehouse receipt has been filled in without authority, a good faith purchaser for value and without notice of the lack of authority may treat the insertion as authorized. Any other unauthorized alteration leaves any tangible or electronic warehouse receipt enforceable against the issuer according to its original tenor.

  15. Tex. Business & Commerce Code Sec. 7.209. LIEN OF WAREHOUSE.

  16. Tex. Business & Commerce Code Sec. 7.210. ENFORCEMENT OF WAREHOUSE'S LIEN.

  17. Tex. Business & Commerce Code Sec. 7.301. LIABILITY FOR NONRECEIPT OR MISDESCRIPTION; "SAID TO CONTAIN"; "SHIPPER'S LOAD AND COUNT"; IMPROPER HANDLING.

  18. Tex. Business & Commerce Code Sec. 7.302. THROUGH BILLS OF LADING AND SIMILAR DOCUMENTS OF TITLE.

  19. Tex. Business & Commerce Code Sec. 7.303. DIVERSION; RECONSIGNMENT; CHANGE OF INSTRUCTIONS.

  20. Tex. Business & Commerce Code Sec. 7.304. TANGIBLE BILLS OF LADING IN SET.

  21. Tex. Business & Commerce Code Sec. 7.305. DESTINATION BILLS.

  22. Tex. Business & Commerce Code Sec. 7.306. ALTERED BILLS OF LADING. An unauthorized alteration or filling in of a blank in a bill of lading leaves the bill enforceable according to its original tenor.

  23. Tex. Business & Commerce Code Sec. 7.307. LIEN OF CARRIER.

  24. Tex. Business & Commerce Code Sec. 7.308. ENFORCEMENT OF CARRIER'S LIEN.

  25. Tex. Business & Commerce Code Sec. 7.309. DUTY OF CARE; CONTRACTUAL LIMITATION OF CARRIER'S LIABILITY.

  26. Tex. Business & Commerce Code Sec. 7.401. IRREGULARITIES IN ISSUE OF RECEIPT OR BILL OR CONDUCT OF ISSUER. The obligations imposed by this chapter on an issuer apply to a document of title even if:

  27. Tex. Business & Commerce Code Sec. 7.402. DUPLICATE DOCUMENT OF TITLE; OVERISSUE. A duplicate or any other document of title purporting to cover goods already represented by an outstanding document of the same issuer does not confer any right in the goods, except as provided in the case of tangible bills of lading in a set of parts, overissue of documents for fungible goods, substitutes for lost, stolen, or destroyed documents, or substitute documents issued pursuant to Section 7.105. The issuer is liable for damages caused by its overissue or failure to identify a duplicate document by a conspicuous notation.

  28. Tex. Business & Commerce Code Sec. 7.403. OBLIGATION OF WAREHOUSE OR CARRIER TO DELIVER; EXCUSE.

  29. Tex. Business & Commerce Code Sec. 7.404. NO LIABILITY FOR GOOD FAITH DELIVERY PURSUANT TO DOCUMENT OF TITLE. A bailee that in good faith has received goods and delivered or otherwise disposed of the goods according to the terms of a document of title or pursuant to this chapter is not liable for the goods even if:

  30. Tex. Business & Commerce Code Sec. 7.501. FORM OF NEGOTIATION AND REQUIREMENTS OF DUE NEGOTIATION.

  31. Tex. Business & Commerce Code Sec. 7.502. RIGHTS ACQUIRED BY DUE NEGOTIATION.

  32. Tex. Business & Commerce Code Sec. 7.503. DOCUMENT OF TITLE TO GOODS DEFEATED IN CERTAIN CASES.

  33. Tex. Business & Commerce Code Sec. 7.504. RIGHTS ACQUIRED IN ABSENCE OF DUE NEGOTIATION; EFFECT OF DIVERSION; STOPPAGE OF DELIVERY.

  34. Tex. Business & Commerce Code Sec. 7.505. INDORSER NOT GUARANTOR FOR OTHER PARTIES. The indorsement of a tangible document of title issued by a bailee does not make the indorser liable for any default by the bailee or previous indorsers.

  35. Tex. Business & Commerce Code Sec. 7.506. DELIVERY WITHOUT INDORSEMENT; RIGHT TO COMPEL INDORSEMENT. The transferee of a negotiable tangible document of title has a specifically enforceable right to have its transferor supply any necessary indorsement, but the transfer becomes a negotiation only as of the time the indorsement is supplied.

  36. Tex. Business & Commerce Code Sec. 7.507. WARRANTIES ON NEGOTIATION OR DELIVERY OF DOCUMENT OF TITLE. If a person negotiates or delivers a document of title for value, otherwise than as a mere intermediary under Section 7.508, unless otherwise agreed, the transferor warrants to its immediate purchaser only in addition to any warranty made in selling or leasing the goods that:

  37. Tex. Business & Commerce Code Sec. 7.508. WARRANTIES OF COLLECTING BANK AS TO DOCUMENTS OF TITLE. A collecting bank or other intermediary known to be entrusted with documents of title on behalf of another or with collection of a draft or other claim against delivery of documents warrants by the delivery of the documents only its own good faith and authority even if the collecting bank or other intermediary has purchased or made advances against the claim or draft to be collected.

  38. Tex. Business & Commerce Code Sec. 7.509. ADEQUATE COMPLIANCE WITH COMMERCIAL CONTRACT. Whether a document of title is adequate to fulfill the obligations of a contract for sale, a contract for lease, or the conditions of a letter of credit is determined by Chapter 2, 2A, or 5.

  39. Tex. Business & Commerce Code Sec. 7.601. LOST, STOLEN, OR DESTROYED DOCUMENTS OF TITLE.

  40. Tex. Business & Commerce Code Sec. 7.602. ATTACHMENT OF GOODS COVERED BY NEGOTIABLE DOCUMENT OF TITLE. Unless a document of title was originally issued upon delivery of the goods by a person that did not have power to dispose of them, a lien does not attach by virtue of any judicial process to goods in the possession of a bailee for which a negotiable document of title is outstanding unless possession or control of the document is first surrendered to the bailee or the document's negotiation is enjoined. The bailee may not be compelled to deliver the goods pursuant to process until possession or control of the document is surrendered to the bailee or to the court. A purchaser of the document for value without notice of the process or injunction takes free of the lien imposed by judicial process.

  41. Tex. Business & Commerce Code Sec. 7.603. CONFLICTING CLAIMS; INTERPLEADER. If more than one person claims title to or possession of the goods, the bailee is excused from delivery until the bailee has a reasonable time to ascertain the validity of the adverse claims or to commence an action for interpleader. The bailee may assert an interpleader either in defending an action for nondelivery of the goods or by original action.

Chapter 8

  1. Tex. Business & Commerce Code Sec. 8.101. SHORT TITLE. This chapter may be cited as Uniform Commercial Code--Investment Securities.

  2. Section 8.103

  3. Section 8.106

  4. Section 8.107

  5. Section 8.201

  6. Section 8.210

  7. Section 8.301

  8. Section 8.303

  9. Section 8.501

  10. Tex. Business & Commerce Code Sec. 8.102. DEFINITIONS.

  11. Tex. Business & Commerce Code Sec. 8.103. RULES FOR DETERMINING WHETHER CERTAIN OBLIGATIONS AND INTERESTS ARE SECURITIES OR FINANCIAL ASSETS.

  12. Tex. Business & Commerce Code Sec. 8.104. ACQUISITION OF SECURITY OR FINANCIAL ASSET OR INTEREST THEREIN.

  13. Tex. Business & Commerce Code Sec. 8.105. NOTICE OF ADVERSE CLAIM.

  14. Tex. Business & Commerce Code Sec. 8.106. CONTROL.

  15. Tex. Business & Commerce Code Sec. 8.107. WHETHER INDORSEMENT, INSTRUCTION, OR ENTITLEMENT ORDER IS EFFECTIVE.

  16. Tex. Business & Commerce Code Sec. 8.108. WARRANTIES IN DIRECT HOLDING.

  17. Tex. Business & Commerce Code Sec. 8.109. WARRANTIES IN INDIRECT HOLDING.

  18. Tex. Business & Commerce Code Sec. 8.110. APPLICABILITY; CHOICE OF LAW.

  19. Tex. Business & Commerce Code Sec. 8.111. CLEARING CORPORATION RULES. A rule adopted by a clearing corporation governing rights and obligations among the clearing corporation and its participants in the clearing corporation is effective even if the rule conflicts with this chapter and affects another party who does not consent to the rule.

  20. Tex. Business & Commerce Code Sec. 8.112. CREDITOR'S LEGAL PROCESS.

  21. Tex. Business & Commerce Code Sec. 8.113. STATUTE OF FRAUDS INAPPLICABLE. A contract or modification of a contract for the sale or purchase of a security is enforceable whether or not there is a writing signed or record authenticated by a party against whom enforcement is sought, even if the contract or modification is not capable of performance within one year of its making.

  22. Tex. Business & Commerce Code Sec. 8.114. EVIDENTIARY RULES CONCERNING CERTIFICATED SECURITIES. The following rules apply in an action on a certificated security against the issuer:

  23. Tex. Business & Commerce Code Sec. 8.115. SECURITIES INTERMEDIARY AND OTHERS NOT LIABLE TO ADVERSE CLAIMANT. A securities intermediary that has transferred a financial asset pursuant to an effective entitlement order, or a broker or other agent or bailee that has dealt with a financial asset at the direction of its customer or principal, is not liable to a person having an adverse claim to the financial asset, unless the securities intermediary, or broker or other agent or bailee:

  24. Tex. Business & Commerce Code Sec. 8.116. SECURITIES INTERMEDIARY AS PURCHASER FOR VALUE. A securities intermediary that receives a financial asset and establishes a security entitlement to the financial asset in favor of an entitlement holder is a purchaser for value of the financial asset. A securities intermediary that acquires a security entitlement to a financial asset from another securities intermediary acquires the security entitlement for value if the securities intermediary acquiring the security entitlement establishes a security entitlement to the financial asset in favor of an entitlement holder.

  25. Tex. Business & Commerce Code Sec. 8.201. ISSUER.

  26. Tex. Business & Commerce Code Sec. 8.202. ISSUER'S RESPONSIBILITY AND DEFENSES; NOTICE OF DEFECT OR DEFENSE.

  27. Tex. Business & Commerce Code Sec. 8.203. STALENESS AS NOTICE OF DEFECT OR DEFENSE. After an act or event, other than a call that has been revoked, creating a right to immediate performance of the principal obligation represented by a certificated security or setting a date on or after which the security is to be presented or surrendered for redemption or exchange, a purchaser is charged with notice of any defect in its issue or defense of the issuer if the act or event:

  28. Tex. Business & Commerce Code Sec. 8.204. EFFECT OF ISSUER'S RESTRICTION ON TRANSFER. A restriction on transfer of a security imposed by the issuer, even if otherwise lawful, is ineffective against a person without knowledge of the restriction unless:

  29. Tex. Business & Commerce Code Sec. 8.205. EFFECT OF UNAUTHORIZED SIGNATURE ON SECURITY CERTIFICATE. An unauthorized signature placed on a security certificate before or in the course of issue is ineffective, but the signature is effective in favor of a purchaser for value of the certificated security if the purchaser is without notice of the lack of authority and the signing has been done by:

  30. Tex. Business & Commerce Code Sec. 8.206. COMPLETION OR ALTERATION OF SECURITY CERTIFICATE.

  31. Tex. Business & Commerce Code Sec. 8.207. RIGHTS AND DUTIES OF ISSUER WITH RESPECT TO REGISTERED OWNERS.

  32. Tex. Business & Commerce Code Sec. 8.208. EFFECT OF SIGNATURE OF AUTHENTICATING TRUSTEE, REGISTRAR, OR TRANSFER AGENT.

  33. Tex. Business & Commerce Code Sec. 8.209. ISSUER'S LIEN. A lien in favor of an issuer on a certificated security is valid against a purchaser only if the right of the issuer to the lien is noted conspicuously on the security certificate.

  34. Tex. Business & Commerce Code Sec. 8.210. OVERISSUE.

  35. Tex. Business & Commerce Code Sec. 8.301. DELIVERY.

  36. Tex. Business & Commerce Code Sec. 8.302. RIGHTS OF PURCHASER.

  37. Tex. Business & Commerce Code Sec. 8.303. PROTECTED PURCHASER.

  38. Tex. Business & Commerce Code Sec. 8.304. INDORSEMENT.

  39. Tex. Business & Commerce Code Sec. 8.305. INSTRUCTION.

  40. Tex. Business & Commerce Code Sec. 8.306. EFFECT OF GUARANTEEING SIGNATURE, INDORSEMENT, OR INSTRUCTION.

  41. Tex. Business & Commerce Code Sec. 8.307. PURCHASER'S RIGHT TO REQUISITES FOR REGISTRATION OF TRANSFER. Unless otherwise agreed, the transferor of a security on due demand shall supply the purchaser with proof of authority to transfer or with any other requisite necessary to obtain registration of the transfer of the security, but if the transfer is not for value, a transferor need not comply unless the purchaser pays the necessary expenses. If the transferor fails within a reasonable time to comply with the demand, the purchaser may reject or rescind the transfer.

  42. Tex. Business & Commerce Code Sec. 8.401. DUTY OF ISSUER TO REGISTER TRANSFER.

  43. Tex. Business & Commerce Code Sec. 8.402. ASSURANCE THAT INDORSEMENT OR INSTRUCTION IS EFFECTIVE.

  44. Tex. Business & Commerce Code Sec. 8.403. DEMAND THAT ISSUER NOT REGISTER TRANSFER.

  45. Tex. Business & Commerce Code Sec. 8.404. WRONGFUL REGISTRATION.

  46. Tex. Business & Commerce Code Sec. 8.405. REPLACEMENT OF LOST, DESTROYED, OR WRONGFULLY TAKEN SECURITY CERTIFICATE.

  47. Tex. Business & Commerce Code Sec. 8.406. OBLIGATION TO NOTIFY ISSUER OF LOST, DESTROYED, OR WRONGFULLY TAKEN SECURITY CERTIFICATE. If a security certificate has been lost, apparently destroyed, or wrongfully taken, and the owner fails to notify the issuer of that fact within a reasonable time after the owner has notice of it and the issuer registers a transfer of the security before receiving notification, the owner may not assert against the issuer a claim for registering the transfer under Section 8.404 or a claim to a new security certificate under Section 8.405.

  48. Tex. Business & Commerce Code Sec. 8.407. AUTHENTICATING TRUSTEE, TRANSFER AGENT, AND REGISTRAR. A person acting as authenticating trustee, transfer agent, registrar, or other agent for an issuer in the registration of a transfer of its securities, in the issue of new security certificates or uncertificated securities, or in the cancellation of surrendered security certificates has the same obligation to the holder or owner of a certificated or uncertificated security with regard to the particular functions performed as the issuer has in regard to those functions.

  49. Tex. Business & Commerce Code Sec. 8.501. SECURITIES ACCOUNT; ACQUISITION OF SECURITY ENTITLEMENT FROM SECURITIES INTERMEDIARY.

  50. Tex. Business & Commerce Code Sec. 8.502. ASSERTION OF ADVERSE CLAIM AGAINST ENTITLEMENT HOLDER. An action based on an adverse claim to a financial asset, whether framed in conversion, replevin, constructive trust, equitable lien, or other theory, may not be asserted against a person who acquires a security entitlement under Section 8.501 for value and without notice of the adverse claim.

  51. Tex. Business & Commerce Code Sec. 8.503. PROPERTY INTEREST OF ENTITLEMENT HOLDER IN FINANCIAL ASSET HELD BY SECURITIES INTERMEDIARY.

  52. Tex. Business & Commerce Code Sec. 8.504. DUTY OF SECURITIES INTERMEDIARY TO MAINTAIN FINANCIAL ASSET.

  53. Tex. Business & Commerce Code Sec. 8.505. DUTY OF SECURITIES INTERMEDIARY WITH RESPECT TO PAYMENTS AND DISTRIBUTIONS.

  54. Tex. Business & Commerce Code Sec. 8.506. DUTY OF SECURITIES INTERMEDIARY TO EXERCISE RIGHTS AS DIRECTED BY ENTITLEMENT HOLDER. A securities intermediary shall exercise rights with respect to a financial asset if directed to do so by an entitlement holder. A securities intermediary satisfies the duty if:

  55. Tex. Business & Commerce Code Sec. 8.507. DUTY OF SECURITIES INTERMEDIARY TO COMPLY WITH ENTITLEMENT ORDER.

  56. Tex. Business & Commerce Code Sec. 8.508. DUTY OF SECURITIES INTERMEDIARY TO CHANGE ENTITLEMENT HOLDER'S POSITION TO OTHER FORM OF SECURITY HOLDING. A securities intermediary shall act at the direction of an entitlement holder to change a security entitlement into another available form of holding for which the entitlement holder is eligible or to cause the financial asset to be transferred to a securities account of the entitlement holder with another securities intermediary. A securities intermediary satisfies the duty if:

  57. Tex. Business & Commerce Code Sec. 8.509. SPECIFICATION OF DUTIES OF SECURITIES INTERMEDIARY BY OTHER STATUTE OR REGULATION; MANNER OF PERFORMANCE OF DUTIES OF SECURITIES INTERMEDIARY AND EXERCISE OF RIGHTS OF ENTITLEMENT HOLDER.

  58. Tex. Business & Commerce Code Sec. 8.510. RIGHTS OF PURCHASER OF SECURITY ENTITLEMENT FROM ENTITLEMENT HOLDER.

  59. Tex. Business & Commerce Code Sec. 8.511. PRIORITY AMONG SECURITY INTERESTS AND ENTITLEMENT HOLDERS.

Chapter 9

  1. Tex. Business & Commerce Code Sec. 9.101. SHORT TITLE. This chapter may be cited as Uniform Commercial Code--Secured Transactions.

  2. Section 12.001.

  3. Section 2.104.

  4. Section 2.106.

  5. Section 2.106.

  6. Section 2A.103.

  7. Section 2A.103.

  8. Section 2A.103.

  9. Section 2A.103.

  10. Section 2A.103.

  11. Section 2A.103.

  12. Section 2A.103.

  13. Section 2A.103.

  14. Section 3.103.

  15. Section 3.104.

  16. Section 3.104.

  17. Section 3.104.

  18. Section 3.302.

  19. Section 4.104.

  20. Section 5.102.

  21. Section 5.102.

  22. Section 5.102.

  23. Section 5.102.

  24. Section 5.102.

  25. Section 5.114.

  26. Section 7.106.

  27. Section 8.102.

  28. Section 8.102.

  29. Section 8.102.

  30. Section 8.102.

  31. Section 8.102.

  32. Section 8.102.

  33. Section 8.102.

  34. Section 8.102.

  35. Section 8.102.

  36. Section 8.102.

  37. Section 8.201.

  38. Section 8.501.

  39. Tex. Business & Commerce Code Sec. 9.102. DEFINITIONS AND INDEX OF DEFINITIONS.

  40. Tex. Business & Commerce Code Sec. 9.103. PURCHASE-MONEY SECURITY INTEREST; APPLICATION OF PAYMENTS; BURDEN OF ESTABLISHING.

  41. Tex. Business & Commerce Code Sec. 9.104. CONTROL OF DEPOSIT ACCOUNT.

  42. Tex. Business & Commerce Code Sec. 9.105. CONTROL OF ELECTRONIC CHATTEL PAPER.

  43. Tex. Business & Commerce Code Sec. 9.106. CONTROL OF INVESTMENT PROPERTY.

  44. Tex. Business & Commerce Code Sec. 9.107. CONTROL OF LETTER-OF-CREDIT RIGHT. A secured party has control of a letter-of-credit right to the extent of any right to payment or performance by the issuer or any nominated person if the issuer or nominated person has consented to an assignment of proceeds of the letter of credit under Section 5.114(c) or otherwise applicable law or practice.

  45. Tex. Business & Commerce Code Sec. 9.1071. CONTROL OF VIRTUAL CURRENCY. A secured party has control of virtual currency as provided by Section 12.004.

  46. Tex. Business & Commerce Code Sec. 9.108. SUFFICIENCY OF DESCRIPTION.

  47. Tex. Business & Commerce Code Sec. 9.109. SCOPE.

  48. Tex. Business & Commerce Code Sec. 9.110. SECURITY INTERESTS ARISING UNDER CHAPTER 2 OR 2A. A security interest arising under Section 2.401, 2.505, 2.711(c), or 2A.508(e) is subject to this chapter. However, until the debtor obtains possession of the goods:

  49. Tex. Business & Commerce Code Sec. 9.201. GENERAL EFFECTIVENESS OF SECURITY AGREEMENT.

  50. Tex. Business & Commerce Code Sec. 9.202. TITLE TO COLLATERAL IMMATERIAL. Except as otherwise provided with respect to consignments or sales of accounts, chattel paper, payment intangibles, or promissory notes, the provisions of this chapter with regard to rights and obligations apply whether title to collateral is in the secured party or the debtor.

  51. Tex. Business & Commerce Code Sec. 9.203. ATTACHMENT AND ENFORCEABILITY OF SECURITY INTEREST; PROCEEDS; SUPPORTING OBLIGATIONS; FORMAL REQUISITES.

  52. Tex. Business & Commerce Code Sec. 9.204. AFTER-ACQUIRED PROPERTY; FUTURE ADVANCES.

  53. Tex. Business & Commerce Code Sec. 9.205. USE OR DISPOSITION OF COLLATERAL PERMISSIBLE.

  54. Tex. Business & Commerce Code Sec. 9.206. SECURITY INTEREST ARISING IN PURCHASE OR DELIVERY OF FINANCIAL ASSET.

  55. Tex. Business & Commerce Code Sec. 9.207. RIGHTS AND DUTIES OF SECURED PARTY HAVING POSSESSION OR CONTROL OF COLLATERAL.

  56. Tex. Business & Commerce Code Sec. 9.208. ADDITIONAL DUTIES OF SECURED PARTY HAVING CONTROL OF COLLATERAL.

  57. Tex. Business & Commerce Code Sec. 9.209. DUTIES OF SECURED PARTY IF ACCOUNT DEBTOR HAS BEEN NOTIFIED OF ASSIGNMENT.

  58. Tex. Business & Commerce Code Sec. 9.210. REQUEST FOR ACCOUNTING; REQUEST REGARDING LIST OF COLLATERAL OR STATEMENT OF ACCOUNT.

  59. Tex. Business & Commerce Code Sec. 9.301. LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS. Except as otherwise provided in Sections 9.303 through 9.306, the following rules determine the law governing perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral:

  60. Tex. Business & Commerce Code Sec. 9.302. LAW GOVERNING PERFECTION AND PRIORITY OF AGRICULTURAL LIENS. While farm products are located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of an agricultural lien on the farm products.

  61. Tex. Business & Commerce Code Sec. 9.303. LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN GOODS COVERED BY A CERTIFICATE OF TITLE.

  62. Tex. Business & Commerce Code Sec. 9.304. LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN DEPOSIT ACCOUNTS.

  63. Tex. Business & Commerce Code Sec. 9.305. LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN INVESTMENT PROPERTY.

  64. Tex. Business & Commerce Code Sec. 9.306. LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN LETTER-OF-CREDIT RIGHTS.

  65. Tex. Business & Commerce Code Sec. 9.307. LOCATION OF DEBTOR.

  66. Tex. Business & Commerce Code Sec. 9.308. WHEN SECURITY INTEREST OR AGRICULTURAL LIEN IS PERFECTED; CONTINUITY OF PERFECTION.

  67. Tex. Business & Commerce Code Sec. 9.309. SECURITY INTEREST PERFECTED UPON ATTACHMENT. The following security interests are perfected when they attach:

  68. Tex. Business & Commerce Code Sec. 9.310. WHEN FILING REQUIRED TO PERFECT SECURITY INTEREST OR AGRICULTURAL LIEN; SECURITY INTERESTS AND AGRICULTURAL LIENS TO WHICH FILING PROVISIONS DO NOT APPLY.

  69. Tex. Business & Commerce Code Sec. 9.311. PERFECTION OF SECURITY INTERESTS IN PROPERTY SUBJECT TO CERTAIN STATUTES, REGULATIONS, AND TREATIES.

  70. Tex. Business & Commerce Code Sec. 9.312. PERFECTION OF SECURITY INTERESTS IN CHATTEL PAPER, DEPOSIT ACCOUNTS, DOCUMENTS, AND GOODS COVERED BY DOCUMENTS, INSTRUMENTS, INVESTMENT PROPERTY, VIRTUAL CURRENCIES, LETTER-OF-CREDIT RIGHTS, AND MONEY; PERFECTION BY PERMISSIVE FILING; TEMPORARY PERFECTION WITHOUT FILING OR TRANSFER OF POSSESSION.

  71. Tex. Business & Commerce Code Sec. 9.313. WHEN POSSESSION BY OR DELIVERY TO SECURED PARTY PERFECTS SECURITY INTEREST WITHOUT FILING.

  72. Tex. Business & Commerce Code Sec. 9.314. PERFECTION BY CONTROL.

  73. Tex. Business & Commerce Code Sec. 9.315. SECURED PARTY'S RIGHTS ON DISPOSITION OF COLLATERAL AND IN PROCEEDS.

  74. Tex. Business & Commerce Code Sec. 9.316. EFFECT OF CHANGE IN GOVERNING LAW.

  75. Tex. Business & Commerce Code Sec. 9.317. INTERESTS THAT TAKE PRIORITY OVER OR TAKE FREE OF SECURITY INTEREST OR AGRICULTURAL LIEN.

  76. Tex. Business & Commerce Code Sec. 9.318. NO INTEREST RETAINED IN RIGHT TO PAYMENT THAT IS SOLD; RIGHTS AND TITLE OF SELLER OF ACCOUNT OR CHATTEL PAPER WITH RESPECT TO CREDITORS AND PURCHASERS.

  77. Tex. Business & Commerce Code Sec. 9.319. RIGHTS AND TITLE OF CONSIGNEE WITH RESPECT TO CREDITORS AND PURCHASERS.

  78. Tex. Business & Commerce Code Sec. 9.320. BUYERS OF GOODS.

  79. Tex. Business & Commerce Code Sec. 9.321. LICENSEE OF GENERAL INTANGIBLE AND LESSEE OF GOODS IN ORDINARY COURSE OF BUSINESS.

  80. Tex. Business & Commerce Code Sec. 9.322. PRIORITIES AMONG CONFLICTING SECURITY INTERESTS IN AND AGRICULTURAL LIENS ON SAME COLLATERAL.

  81. Tex. Business & Commerce Code Sec. 9.323. FUTURE ADVANCES.

  82. Tex. Business & Commerce Code Sec. 9.324. PRIORITY OF PURCHASE-MONEY SECURITY INTERESTS.

  83. Tex. Business & Commerce Code Sec. 9.325. PRIORITY OF SECURITY INTERESTS IN TRANSFERRED COLLATERAL.

  84. Tex. Business & Commerce Code Sec. 9.326. PRIORITY OF SECURITY INTERESTS CREATED BY NEW DEBTOR.

  85. Tex. Business & Commerce Code Sec. 9.327. PRIORITY OF SECURITY INTERESTS IN DEPOSIT ACCOUNT. The following rules govern priority among conflicting security interests in the same deposit account:

  86. Tex. Business & Commerce Code Sec. 9.328. PRIORITY OF SECURITY INTERESTS IN INVESTMENT PROPERTY. The following rules govern priority among conflicting security interests in the same investment property:

  87. Tex. Business & Commerce Code Sec. 9.329. PRIORITY OF SECURITY INTERESTS IN LETTER-OF-CREDIT RIGHT. The following rules govern priority among conflicting security interests in the same letter-of-credit right:

  88. Tex. Business & Commerce Code Sec. 9.330. PRIORITY OF PURCHASER OF CHATTEL PAPER OR INSTRUMENT.

  89. Tex. Business & Commerce Code Sec. 9.331. PRIORITY OF RIGHTS OF PURCHASERS OF INSTRUMENTS, DOCUMENTS, SECURITIES, AND VIRTUAL CURRENCIES UNDER OTHER CHAPTERS; PRIORITY OF INTERESTS IN FINANCIAL ASSETS AND SECURITY ENTITLEMENTS UNDER CHAPTER 8 AND VIRTUAL CURRENCIES UNDER CHAPTER 12.

  90. Tex. Business & Commerce Code Sec. 9.332. TRANSFER OF MONEY; TRANSFER OF FUNDS FROM DEPOSIT ACCOUNT.

  91. Tex. Business & Commerce Code Sec. 9.333. PRIORITY OF CERTAIN LIENS ARISING BY OPERATION OF LAW.

  92. Tex. Business & Commerce Code Sec. 9.334. PRIORITY OF SECURITY INTERESTS IN FIXTURES AND CROPS.

  93. Tex. Business & Commerce Code Sec. 9.335. ACCESSIONS.

  94. Tex. Business & Commerce Code Sec. 9.336. COMMINGLED GOODS.

  95. Tex. Business & Commerce Code Sec. 9.337. PRIORITY OF SECURITY INTERESTS IN GOODS COVERED BY CERTIFICATE OF TITLE. If, while a security interest in goods is perfected by any method under the law of another jurisdiction, this state issues a certificate of title that does not show that the goods are subject to the security interest or contain a statement that they may be subject to security interests not shown on the certificate:

  96. Tex. Business & Commerce Code Sec. 9.338. PRIORITY OF SECURITY INTEREST OR AGRICULTURAL LIEN PERFECTED BY FILED FINANCING STATEMENT PROVIDING CERTAIN INCORRECT INFORMATION. If a security interest or agricultural lien is perfected by a filed financing statement providing information described in Section 9.516(b)(5) that is incorrect at the time the financing statement is filed:

  97. Tex. Business & Commerce Code Sec. 9.339. PRIORITY SUBJECT TO SUBORDINATION. This chapter does not preclude subordination by agreement by a person entitled to priority.

  98. Tex. Business & Commerce Code Sec. 9.340. EFFECTIVENESS OF RIGHT OF RECOUPMENT OR SET-OFF AGAINST DEPOSIT ACCOUNT.

  99. Tex. Business & Commerce Code Sec. 9.341. BANK'S RIGHTS AND DUTIES WITH RESPECT TO DEPOSIT ACCOUNT. Except as otherwise provided in Section 9.340(c), and unless the bank otherwise agrees in an authenticated record, a bank's rights and duties with respect to a deposit account maintained with the bank are not terminated, suspended, or modified by:

  100. Tex. Business & Commerce Code Sec. 9.342. BANK'S RIGHT TO REFUSE TO ENTER INTO OR DISCLOSE EXISTENCE OF CONTROL AGREEMENT. This chapter does not require a bank to enter into an agreement of the kind described in Section 9.104(a)(2), even if its customer so requests or directs. A bank that has entered into such an agreement is not required to confirm the existence of the agreement to another person unless requested to do so by its customer.

  101. Tex. Business & Commerce Code Sec. 9.401. ALIENABILITY OF DEBTOR'S RIGHTS.

  102. Tex. Business & Commerce Code Sec. 9.402. SECURED PARTY NOT OBLIGATED ON CONTRACT OF DEBTOR OR IN TORT. The existence of a security interest, agricultural lien, or authority given to a debtor to dispose of or use collateral, without more, does not subject a secured party to liability in contract or tort for the debtor's acts or omissions.

  103. Tex. Business & Commerce Code Sec. 9.403. AGREEMENT NOT TO ASSERT DEFENSES AGAINST ASSIGNEE.

  104. Tex. Business & Commerce Code Sec. 9.404. RIGHTS ACQUIRED BY ASSIGNEE; CLAIMS AND DEFENSES AGAINST ASSIGNEE.

  105. Tex. Business & Commerce Code Sec. 9.405. MODIFICATION OF ASSIGNED CONTRACT.

  106. Tex. Business & Commerce Code Sec. 9.406. DISCHARGE OF ACCOUNT DEBTOR; NOTIFICATION OF ASSIGNMENT; IDENTIFICATION AND PROOF OF ASSIGNMENT; RESTRICTIONS ON ASSIGNMENT OF ACCOUNTS, CHATTEL PAPER, PAYMENT INTANGIBLES, AND PROMISSORY NOTES INEFFECTIVE.

  107. Tex. Business & Commerce Code Sec. 9.407. RESTRICTIONS ON CREATION OR ENFORCEMENT OF SECURITY INTEREST IN LEASEHOLD INTEREST OR IN LESSOR'S RESIDUAL INTEREST.

  108. Tex. Business & Commerce Code Sec. 9.408. RESTRICTIONS ON ASSIGNMENT OF PROMISSORY NOTES, HEALTH-CARE-INSURANCE RECEIVABLES, AND CERTAIN GENERAL INTANGIBLES INEFFECTIVE.

  109. Tex. Business & Commerce Code Sec. 9.409. RESTRICTIONS ON ASSIGNMENT OF LETTER-OF-CREDIT RIGHTS INEFFECTIVE.

  110. Tex. Business & Commerce Code Sec. 9.501. FILING OFFICE.

  111. Tex. Business & Commerce Code Sec. 9.502. CONTENTS OF FINANCING STATEMENT; RECORD OF MORTGAGE AS FINANCING STATEMENT; TIME OF FILING FINANCING STATEMENT.

  112. Tex. Business & Commerce Code Sec. 9.503. NAME OF DEBTOR AND SECURED PARTY.

  113. Tex. Business & Commerce Code Sec. 9.504. INDICATION OF COLLATERAL. A financing statement sufficiently indicates the collateral that it covers if the financing statement provides:

  114. Tex. Business & Commerce Code Sec. 9.505. FILING AND COMPLIANCE WITH OTHER STATUTES AND TREATIES FOR CONSIGNMENTS, LEASES, OTHER BAILMENTS, AND OTHER TRANSACTIONS.

  115. Tex. Business & Commerce Code Sec. 9.506. EFFECT OF ERRORS OR OMISSIONS.

  116. Tex. Business & Commerce Code Sec. 9.507. EFFECT OF CERTAIN EVENTS ON EFFECTIVENESS OF FINANCING STATEMENT.

  117. Tex. Business & Commerce Code Sec. 9.508. EFFECTIVENESS OF FINANCING STATEMENT IF NEW DEBTOR BECOMES BOUND BY SECURITY AGREEMENT.

  118. Tex. Business & Commerce Code Sec. 9.509. PERSONS ENTITLED TO FILE A RECORD.

  119. Tex. Business & Commerce Code Sec. 9.510. EFFECTIVENESS OF FILED RECORD.

  120. Tex. Business & Commerce Code Sec. 9.511. SECURED PARTY OF RECORD.

  121. Tex. Business & Commerce Code Sec. 9.512. AMENDMENT OF FINANCING STATEMENT.

  122. Tex. Business & Commerce Code Sec. 9.513. TERMINATION STATEMENT.

  123. Tex. Business & Commerce Code Sec. 9.514. ASSIGNMENT OF POWERS OF SECURED PARTY OF RECORD.

  124. Tex. Business & Commerce Code Sec. 9.515. DURATION AND EFFECTIVENESS OF FINANCING STATEMENT; EFFECT OF LAPSED FINANCING STATEMENT.

  125. Tex. Business & Commerce Code Sec. 9.516. WHAT CONSTITUTES FILING; EFFECTIVENESS OF FILING.

  126. Tex. Business & Commerce Code Sec. 9.517. EFFECT OF INDEXING ERRORS. The failure of the filing office to index a record or to correctly index information contained in a record does not affect the effectiveness of the filed record.

  127. Tex. Business & Commerce Code Sec. 9.518. CLAIM CONCERNING INACCURATE OR WRONGFULLY FILED RECORD.

  128. Tex. Business & Commerce Code Sec. 9.5185. FRAUDULENT FILING.

  129. Tex. Business & Commerce Code Sec. 9.519. NUMBERING, MAINTAINING, AND INDEXING RECORDS; COMMUNICATING INFORMATION PROVIDED IN RECORDS.

  130. Tex. Business & Commerce Code Sec. 9.520. ACCEPTANCE AND REFUSAL TO ACCEPT RECORD.

  131. Tex. Business & Commerce Code Sec. 9.5211. UNIFORM FORM OF WRITTEN FINANCING STATEMENT AND AMENDMENT.

  132. Tex. Business & Commerce Code Sec. 9.522. MAINTENANCE AND DESTRUCTION OF RECORDS.

  133. Tex. Business & Commerce Code Sec. 9.523. INFORMATION FROM FILING OFFICE; SALE OR LICENSE OF RECORDS.

  134. Tex. Business & Commerce Code Sec. 9.524. DELAY BY FILING OFFICE. Delay by the filing office beyond a time limit prescribed by this subchapter is excused if:

  135. Tex. Business & Commerce Code Sec. 9.525. FEES.

  136. Tex. Business & Commerce Code Sec. 9.526. FILING-OFFICE RULES.

  137. Tex. Business & Commerce Code Sec. 9.527. DUTY TO REPORT. The Secretary of State shall report before January 1 of each odd-numbered year to the Legislature on the operation of the filing office. The report must contain a statement of the extent to which:

  138. Tex. Business & Commerce Code Sec. 9.601. RIGHTS AFTER DEFAULT; JUDICIAL ENFORCEMENT; CONSIGNOR OR BUYER OF ACCOUNTS, CHATTEL PAPER, PAYMENT INTANGIBLES, OR PROMISSORY NOTES.

  139. Tex. Business & Commerce Code Sec. 9.602. WAIVER AND VARIANCE OF RIGHTS AND DUTIES. Except as otherwise provided in Section 9.624, to the extent that they give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed sections:

  140. Tex. Business & Commerce Code Sec. 9.603. AGREEMENT ON STANDARDS CONCERNING RIGHTS AND DUTIES.

  141. Tex. Business & Commerce Code Sec. 9.604. PROCEDURE IF SECURITY AGREEMENT COVERS REAL PROPERTY OR FIXTURES.

  142. Tex. Business & Commerce Code Sec. 9.605. UNKNOWN DEBTOR OR SECONDARY OBLIGOR. A secured party does not owe a duty based on its status as secured party:

  143. Tex. Business & Commerce Code Sec. 9.606. TIME OF DEFAULT FOR AGRICULTURAL LIEN. For purposes of this subchapter, a default occurs in connection with an agricultural lien at the time the secured party becomes entitled to enforce the lien in accordance with the statute under which it was created.

  144. Tex. Business & Commerce Code Sec. 9.607. COLLECTION AND ENFORCEMENT BY SECURED PARTY.

  145. Tex. Business & Commerce Code Sec. 9.608. APPLICATION OF PROCEEDS OF COLLECTION OR ENFORCEMENT; LIABILITY FOR DEFICIENCY AND RIGHT TO SURPLUS.

  146. Tex. Business & Commerce Code Sec. 9.609. SECURED PARTY'S RIGHT TO TAKE POSSESSION AFTER DEFAULT.

  147. Tex. Business & Commerce Code Sec. 9.610. DISPOSITION OF COLLATERAL AFTER DEFAULT.

  148. Tex. Business & Commerce Code Sec. 9.611. NOTIFICATION BEFORE DISPOSITION OF COLLATERAL.

  149. Tex. Business & Commerce Code Sec. 9.612. TIMELINESS OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL.

  150. Tex. Business & Commerce Code Sec. 9.613. CONTENTS AND FORM OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL: GENERAL. Except in a consumer-goods transaction, the following rules apply:

  151. Tex. Business & Commerce Code Sec. 9.614. CONTENTS AND FORM OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL: CONSUMER-GOODS TRANSACTION. In a consumer-goods transaction, the following rules apply:

  152. Tex. Business & Commerce Code Sec. 9.615. APPLICATION OF PROCEEDS OF DISPOSITION; LIABILITY FOR DEFICIENCY AND RIGHT TO SURPLUS.

  153. Tex. Business & Commerce Code Sec. 9.616. EXPLANATION OF CALCULATION OF SURPLUS OR DEFICIENCY.

  154. Tex. Business & Commerce Code Sec. 9.617. RIGHTS OF TRANSFEREE OF COLLATERAL.

  155. Tex. Business & Commerce Code Sec. 9.618. RIGHTS AND DUTIES OF CERTAIN SECONDARY OBLIGORS.

  156. Tex. Business & Commerce Code Sec. 9.619. TRANSFER OF RECORD OR LEGAL TITLE.

  157. Tex. Business & Commerce Code Sec. 9.620. ACCEPTANCE OF COLLATERAL IN FULL OR PARTIAL SATISFACTION OF OBLIGATION; COMPULSORY DISPOSITION OF COLLATERAL.

  158. Tex. Business & Commerce Code Sec. 9.621. NOTIFICATION OF PROPOSAL TO ACCEPT COLLATERAL.

  159. Tex. Business & Commerce Code Sec. 9.622. EFFECT OF ACCEPTANCE OF COLLATERAL.

  160. Tex. Business & Commerce Code Sec. 9.623. RIGHT TO REDEEM COLLATERAL.

  161. Tex. Business & Commerce Code Sec. 9.624. WAIVER.

  162. Tex. Business & Commerce Code Sec. 9.625. REMEDIES FOR SECURED PARTY'S FAILURE TO COMPLY WITH CHAPTER.

  163. Tex. Business & Commerce Code Sec. 9.626. ACTION IN WHICH DEFICIENCY OR SURPLUS IS IN ISSUE.

  164. Tex. Business & Commerce Code Sec. 9.627. DETERMINATION OF WHETHER CONDUCT WAS COMMERCIALLY REASONABLE.

  165. Tex. Business & Commerce Code Sec. 9.628. NONLIABILITY AND LIMITATION ON LIABILITY OF SECURED PARTY; LIABILITY OF SECONDARY OBLIGOR.

  166. Tex. Business & Commerce Code Sec. 9.701. EFFECTIVE DATE OF REVISIONS.

  167. Tex. Business & Commerce Code Sec. 9.702. SAVING CLAUSE.

  168. Tex. Business & Commerce Code Sec. 9.703. SECURITY INTEREST PERFECTED BEFORE EFFECTIVE DATE.

  169. Tex. Business & Commerce Code Sec. 9.704. SECURITY INTEREST UNPERFECTED BEFORE EFFECTIVE DATE. A security interest that is enforceable immediately before the revision takes effect but that would be subordinate to the rights of a person that becomes a lien creditor at that time:

  170. Tex. Business & Commerce Code Sec. 9.705. EFFECTIVENESS OF ACTION TAKEN BEFORE EFFECTIVE DATE.

  171. Tex. Business & Commerce Code Sec. 9.706. WHEN INITIAL FINANCING STATEMENT SUFFICES TO CONTINUE EFFECTIVENESS OF FINANCING STATEMENT.

  172. Tex. Business & Commerce Code Sec. 9.707. AMENDMENT OF PRE-EFFECTIVE-DATE FINANCING STATEMENT.

  173. Tex. Business & Commerce Code Sec. 9.708. PERSONS ENTITLED TO FILE INITIAL FINANCING STATEMENT OR CONTINUATION STATEMENT. A person may file an initial financing statement or a continuation statement under this subchapter if:

  174. Tex. Business & Commerce Code Sec. 9.709. PRIORITY.

  175. Tex. Business & Commerce Code Sec. 9.801. EFFECTIVE DATE OF AMENDMENTS.

  176. Tex. Business & Commerce Code Sec. 9.802. SAVING CLAUSE.

  177. Tex. Business & Commerce Code Sec. 9.803. SECURITY INTEREST PERFECTED BEFORE EFFECTIVE DATE.

  178. Tex. Business & Commerce Code Sec. 9.804. SECURITY INTEREST UNPERFECTED BEFORE EFFECTIVE DATE. A security interest that is an unperfected security interest immediately before July 1, 2013, becomes a perfected security interest:

  179. Tex. Business & Commerce Code Sec. 9.805. EFFECTIVENESS OF ACTION TAKEN BEFORE EFFECTIVE DATE.

  180. Tex. Business & Commerce Code Sec. 9.806. WHEN INITIAL FINANCING STATEMENT SUFFICES TO CONTINUE EFFECTIVENESS OF FINANCING STATEMENT.

  181. Tex. Business & Commerce Code Sec. 9.807. AMENDMENT OF PRE-EFFECTIVE-DATE FINANCING STATEMENT.

  182. Tex. Business & Commerce Code Sec. 9.808. PERSON ENTITLED TO FILE INITIAL FINANCING STATEMENT OR CONTINUATION STATEMENT. A person may file an initial financing statement or a continuation statement under this subchapter if:

  183. Tex. Business & Commerce Code Sec. 9.809. PRIORITY. The 2013 amendments determine the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before July 1, 2013, this chapter as it existed before amendment determines priority.

Chapter 12

  1. Tex. Business & Commerce Code Sec. 12.001. DEFINITION. In this chapter, "virtual currency":

  2. Tex. Business & Commerce Code Sec. 12.002. SCOPE. This chapter applies to virtual currency.

  3. Tex. Business & Commerce Code Sec. 12.003. RIGHTS IN VIRTUAL CURRENCY.

  4. Tex. Business & Commerce Code Sec. 12.004. CONTROL OF VIRTUAL CURRENCY.

Chapter 15

  1. Tex. Business & Commerce Code Sec. 15.01. TITLE OF ACT. This Act shall be known and may be cited as the Texas Free Enterprise and Antitrust Act of 1983.

  2. Tex. Business & Commerce Code Sec. 15.02. APPLICABILITY OF PROVISIONS.

  3. Tex. Business & Commerce Code Sec. 15.03. DEFINITIONS. Except as otherwise provided in Subsection

  4. Tex. Business & Commerce Code Sec. 15.04. PURPOSE AND CONSTRUCTION. The purpose of this Act is to maintain and promote economic competition in trade and commerce occurring wholly or partly within the State of Texas and to provide the benefits of that competition to consumers in the state. The provisions of this Act shall be construed to accomplish this purpose and shall be construed in harmony with federal judicial interpretations of comparable federal antitrust statutes to the extent consistent with this purpose.

  5. Tex. Business & Commerce Code Sec. 15.05. UNLAWFUL PRACTICES.

  6. Tex. Business & Commerce Code Sec. 15.10. CIVIL INVESTIGATIVE DEMANDS.

  7. Tex. Business & Commerce Code Sec. 15.11. PARTY TO SUIT MAY SUBPOENA WITNESS.

  8. Tex. Business & Commerce Code Sec. 15.12. ADDITIONAL PROCEDURES. In addition to the procedures set forth in this subchapter, the attorney general and any other party to a suit brought by the attorney general to enforce any of the prohibitions in Section 15.05 of this Act may request discovery and production of documents and other things, serve written interrogatories, and subpoena and depose witnesses in accordance with the applicable provisions of the Texas Rules of Civil Procedure and other state law relating to discovery.

  9. Tex. Business & Commerce Code Sec. 15.13. IMMUNITY FROM CRIMINAL PROSECUTION.

  10. Tex. Business & Commerce Code Sec. 15.16. DECLARATORY JUDGMENT ACTION.

  11. Tex. Business & Commerce Code Sec. 15.20. CIVIL SUITS BY THE STATE.

  12. Tex. Business & Commerce Code Sec. 15.21. SUITS BY INJURED PERSONS OR GOVERNMENTAL ENTITIES.

  13. Tex. Business & Commerce Code Sec. 15.22. CRIMINAL SUITS.

  14. Tex. Business & Commerce Code Sec. 15.24. JUDGMENT IN FAVOR OF THE STATE EVIDENCE IN ACTION. A final judgment rendered in an action brought under Section 15.20 or 15.22 of this Act to the effect that a defendant or defendants have violated any of the prohibitions in Section 15.05 of this Act is prima facie evidence against such defendant or defendants in any action brought under Section 15.21 as to all matters with respect to which the judgment would be an estoppel between the parties to the suit. This section shall not apply to consent judgments or decrees entered before any testimony has been taken.

  15. Tex. Business & Commerce Code Sec. 15.25. LIMITATION OF ACTIONS.

  16. Tex. Business & Commerce Code Sec. 15.26. JURISDICTION. Whenever any suit or petition is filed in the district court in any county in the State of Texas as provided for in Section 15.10, 15.20, 15.21, or 15.22 of this Act, the court shall have jurisdiction and venue to hear and determine the matter presented and to enter any order or orders required to implement the provisions of this Act. Once suit is properly filed, it may be transferred to another county upon order of the court for good cause shown.

  17. Tex. Business & Commerce Code Sec. 15.40. AUTHORITY, POWERS, AND DUTIES OF ATTORNEY GENERAL.

  18. Tex. Business & Commerce Code Sec. 15.50. CRITERIA FOR ENFORCEABILITY OF COVENANTS NOT TO COMPETE.

  19. Tex. Business & Commerce Code Sec. 15.501. COVENANTS NOT TO COMPETE AGAINST HEALTH CARE PRACTITIONERS.

  20. Tex. Business & Commerce Code Sec. 15.51. PROCEDURES AND REMEDIES IN ACTIONS TO ENFORCE COVENANTS NOT TO COMPETE.

  21. Tex. Business & Commerce Code Sec. 15.52. PREEMPTION OF OTHER LAW. The criteria for enforceability of a covenant not to compete provided by Sections 15.50 and 15.501 and the procedures and remedies in an action to enforce a covenant not to compete provided by Section 15.51 are exclusive and preempt other law, including common law.

Chapter 16

  1. Tex. Business & Commerce Code Sec. 16.001. DEFINITIONS. In this chapter:

  2. Tex. Business & Commerce Code Sec. 16.002. INAPPLICABILITY OF CHAPTER.

  3. Tex. Business & Commerce Code Sec. 16.003. WHEN MARK CONSIDERED TO BE IN USE.

  4. Tex. Business & Commerce Code Sec. 16.004. WHEN MARK CONSIDERED TO BE ABANDONED.

  5. Tex. Business & Commerce Code Sec. 16.051. REGISTRABLE MARKS.

  6. Tex. Business & Commerce Code Sec. 16.052. APPLICATION FOR REGISTRATION.

  7. Tex. Business & Commerce Code Sec. 16.053. FILING OF APPLICATION; EXAMINATION.

  8. Tex. Business & Commerce Code Sec. 16.054. AMENDMENT TO APPLICATION.

  9. Tex. Business & Commerce Code Sec. 16.055. DISCLAIMER OF UNREGISTRABLE COMPONENT.

  10. Tex. Business & Commerce Code Sec. 16.056. CONCURRENT APPLICATIONS FOR SAME OR SIMILAR MARK.

  11. Tex. Business & Commerce Code Sec. 16.057. DENIAL OF REGISTRATION; NOTICE.

  12. Tex. Business & Commerce Code Sec. 16.058. CERTIFICATE OF REGISTRATION.

  13. Tex. Business & Commerce Code Sec. 16.059. TERM AND RENEWAL OF REGISTRATION.

  14. Tex. Business & Commerce Code Sec. 16.060. RECORD AND PROOF OF REGISTRATION.

  15. Tex. Business & Commerce Code Sec. 16.061. ASSIGNMENT OF MARK AND REGISTRATION.

  16. Tex. Business & Commerce Code Sec. 16.062. RECORDING OF OTHER INSTRUMENTS.

  17. Tex. Business & Commerce Code Sec. 16.063. CHANGE OF REGISTRANT'S NAME. If a registrant's name is changed during the unexpired term of a mark's registration, a new certificate of registration may be issued for the remainder of the unexpired term in the new name of the registrant on the filing of a certificate under Section 16.062.

  18. Tex. Business & Commerce Code Sec. 16.064. CANCELLATION OF REGISTRATION.

  19. Tex. Business & Commerce Code Sec. 16.065. CLASSIFICATION OF GOODS AND SERVICES.

  20. Tex. Business & Commerce Code Sec. 16.066. FEES.

  21. Tex. Business & Commerce Code Sec. 16.101. FRAUDULENT REGISTRATION. A person who procures for the person or another the filing of an application or the registration of a mark under this chapter by knowingly making a false or fraudulent representation or declaration, oral or written, or by any other fraudulent means, is liable to pay all damages sustained as a result of the filing or registration. The damages may be recovered by or on behalf of the injured party in any court of competent jurisdiction.

  22. Tex. Business & Commerce Code Sec. 16.102. INFRINGEMENT OF REGISTERED MARK.

  23. Tex. Business & Commerce Code Sec. 16.103. INJURY TO BUSINESS REPUTATION; DILUTION.

  24. Tex. Business & Commerce Code Sec. 16.104. REMEDIES.

  25. Tex. Business & Commerce Code Sec. 16.105. OLYMPIC SYMBOLS.

  26. Tex. Business & Commerce Code Sec. 16.106. FORUM FOR ACTIONS REGARDING REGISTRATION; SERVICE ON OUT-OF-STATE REGISTRANTS.

  27. Tex. Business & Commerce Code Sec. 16.107. COMMON LAW RIGHTS NOT AFFECTED. No registration under this chapter adversely affects common law rights acquired prior to registration under this chapter. However, during any period when the registration of a mark under this chapter is in force and the registrant has not abandoned the mark, no common law rights as against the registrant of the mark may be acquired.

Chapter 17

  1. Tex. Business & Commerce Code Sec. 17.01. DEFINITIONS. In this chapter, unless the context requires a different definition,

  2. Tex. Business & Commerce Code Sec. 17.08. PRIVATE USE OF STATE SEAL.

  3. Tex. Business & Commerce Code Sec. 17.11. DECEPTIVE WHOLESALE AND GOING-OUT-OF-BUSINESS ADVERTISING.

  4. Tex. Business & Commerce Code Sec. 17.12. DECEPTIVE ADVERTISING.

  5. Tex. Business & Commerce Code Sec. 17.29. MISUSING CONTAINER; EVIDENCE OF MISUSE AND CONTAINER'S OWNERSHIP.

  6. Tex. Business & Commerce Code Sec. 17.30. MISUSING DAIRY CONTAINER BEARING PROPRIETARY MARK.

  7. Tex. Business & Commerce Code Sec. 17.31. IDENTIFICATION, POSSESSION, AND USE OF CERTAIN CONTAINERS.

  8. Tex. Business & Commerce Code Sec. 17.41. SHORT TITLE. This subchapter may be cited as the Deceptive Trade Practices-Consumer Protection Act.

  9. Tex. Business & Commerce Code Sec. 17.42. WAIVERS: PUBLIC POLICY.

  10. Tex. Business & Commerce Code Sec. 17.43. CUMULATIVE REMEDIES. The provisions of this subchapter are not exclusive. The remedies provided in this subchapter are in addition to any other procedures or remedies provided for in any other law; provided, however, that no recovery shall be permitted under both this subchapter and another law of both damages and penalties for the same act or practice. A violation of a provision of law other than this subchapter is not in and of itself a violation of this subchapter. An act or practice that is a violation of a provision of law other than this subchapter may be made the basis of an action under this subchapter if the act or practice is proscribed by a provision of this subchapter or is declared by such other law to be actionable under this subchapter. The provisions of this subchapter do not in any way preclude other political subdivisions of this state from dealing with deceptive trade practices.

  11. Tex. Business & Commerce Code Sec. 17.44. CONSTRUCTION AND APPLICATION.

  12. Tex. Business & Commerce Code Sec. 17.45. DEFINITIONS. As used in this subchapter:

  13. Tex. Business & Commerce Code Sec. 17.46. DECEPTIVE TRADE PRACTICES UNLAWFUL.

  14. Tex. Business & Commerce Code Sec. 17.461. PYRAMID PROMOTIONAL SCHEME.

  15. Tex. Business & Commerce Code Sec. 17.462. LISTING OF BUSINESS LOCATION OF CERTAIN BUSINESSES.

  16. Tex. Business & Commerce Code Sec. 17.4625. PRICE GOUGING DURING DECLARED DISASTER.

  17. Tex. Business & Commerce Code Sec. 17.463. PRODUCTION, SALE, DISTRIBUTION, OR PROMOTION OF CERTAIN SYNTHETIC SUBSTANCES.

  18. Tex. Business & Commerce Code Sec. 17.464. UNCONSCIONABLE PRICE FOR CARE AT EMERGENCY FACILITY.

  19. Tex. Business & Commerce Code Sec. 17.47. RESTRAINING ORDERS.

  20. Tex. Business & Commerce Code Sec. 17.48. DUTY OF DISTRICT AND COUNTY ATTORNEY.

  21. Tex. Business & Commerce Code Sec. 17.49. EXEMPTIONS.

  22. Tex. Business & Commerce Code Sec. 17.50. RELIEF FOR CONSUMERS.

  23. Tex. Business & Commerce Code Sec. 17.501. CONSUMER PROTECTION DIVISION PARTICIPATION IN CLASS ACTION.

  24. Tex. Business & Commerce Code Sec. 17.505. NOTICE; INSPECTION.

  25. Tex. Business & Commerce Code Sec. 17.5051. MEDIATION.

  26. Tex. Business & Commerce Code Sec. 17.5052. OFFERS OF SETTLEMENT.

  27. Tex. Business & Commerce Code Sec. 17.506. DAMAGES: DEFENSES.

  28. Tex. Business & Commerce Code Sec. 17.55. PROMOTIONAL MATERIAL. If damages or civil penalties are assessed against the seller of goods or services for advertisements or promotional material in a suit filed under Section 17.47, 17.48, 17.50, or 17.51 of this subchapter, the seller of the goods or services has a cause of action against a third party for the amount of damages or civil penalties assessed against the seller plus attorneys' fees on a showing that:

  29. Tex. Business & Commerce Code Sec. 17.555. INDEMNITY. A person against whom an action has been brought under this subchapter may seek contribution or indemnity from one who, under the statute law or at common law, may have liability for the damaging event of which the consumer complains. A person seeking indemnity as provided by this section may recover all sums that he is required to pay as a result of the action, his attorney's fees reasonable in relation to the amount of work performed in maintaining his action for indemnity, and his costs.

  30. Tex. Business & Commerce Code Sec. 17.56. VENUE. Except as provided by Article 5.06-1(8), Insurance Code, an action brought which alleges a claim to relief under Section 17.50 of this subchapter shall be brought as provided by Chapter 15, Civil Practice and Remedies Code.

  31. Tex. Business & Commerce Code Sec. 17.565. LIMITATION. All actions brought under this subchapter must be commenced within two years after the date on which the false, misleading, or deceptive act or practice occurred or within two years after the consumer discovered or in the exercise of reasonable diligence should have discovered the occurrence of the false, misleading, or deceptive act or practice. The period of limitation provided in this section may be extended for a period of 180 days if the plaintiff proves that failure timely to commence the action was caused by the defendant's knowingly engaging in conduct solely calculated to induce the plaintiff to refrain from or postpone the commencement of the action.

  32. Tex. Business & Commerce Code Sec. 17.57. SUBPOENAS. The clerk of a district court at the request of any party to a suit pending in his court which is brought under this subchapter shall issue a subpoena for any witness or witnesses who may be represented to reside within 100 miles of the courthouse of the county in which the suit is pending or who may be found within such distance at the time of trial. The clerk shall issue a separate subpoena and a copy thereof for each witness subpoenaed. When an action is pending in Travis County on the consent of the parties a subpoena may be issued for any witness or witnesses who may be represented to reside within 100 miles of the courthouse of a county in which the suit could otherwise have been brought or who may be found within such distance at the time of the trial.

  33. Tex. Business & Commerce Code Sec. 17.58. VOLUNTARY COMPLIANCE.

  34. Tex. Business & Commerce Code Sec. 17.59. POST JUDGMENT RELIEF.

  35. Tex. Business & Commerce Code Sec. 17.60. REPORTS AND EXAMINATIONS. Whenever the consumer protection division has reason to believe that a person is engaging in, has engaged in, or is about to engage in any act or practice declared to be unlawful by this subchapter, or when it reasonably believes it to be in the public interest to conduct an investigation to ascertain whether any person is engaging in, has engaged in, or is about to engage in any such act or practice, an authorized member of the division may:

  36. Tex. Business & Commerce Code Sec. 17.61. CIVIL INVESTIGATIVE DEMAND.

  37. Tex. Business & Commerce Code Sec. 17.62. PENALTIES.

  38. Tex. Business & Commerce Code Sec. 17.63. APPLICATION. The provisions of this subchapter apply only to acts or practices occurring after the effective date of this subchapter, except a right of action or power granted to the attorney general under Chapter 10, Title 79, Revised Civil Statutes of Texas, 1925, as amended, prior to the effective date of this subchapter.

  39. Tex. Business & Commerce Code Sec. 17.81. DEFINITION. In this chapter "going out of business sale" means an offer to sell to the public, or the sale to the public of, goods, wares, and merchandise on the implied or direct representation by written or oral advertising that the sale is in anticipation of the termination of all of the operations of a business at all of its locations in a county and in all of the counties immediately adjacent to that county.

  40. Tex. Business & Commerce Code Sec. 17.82. PROHIBITED CONDUCT.

  41. Tex. Business & Commerce Code Sec. 17.821. DEFINITIONS. In this chapter:

  42. Tex. Business & Commerce Code Sec. 17.822. MEAT LABELING.

  43. Tex. Business & Commerce Code Sec. 17.823. SALE OF NONKOSHER FOOD. A person commits an offense if the person knowingly or intentionally sells at a restaurant or a retail store a food product that is represented as kosher food and is not kosher food and the person either knows the food is not kosher food or was reckless about determining whether or not the food is kosher food.

  44. Tex. Business & Commerce Code Sec. 17.824. EXCEPTION. It is an exception to the application of Subsection

  45. Tex. Business & Commerce Code Sec. 17.825. CIVIL REMEDY. A consumer aggrieved by a violation of this chapter may maintain a cause of action for damages in accordance with Section 17.50 of this code.

  46. Tex. Business & Commerce Code Sec. 17.826. PENALTY. An offense under this chapter is punishable by the fine imposed for an offense under Subsection

  47. Tex. Business & Commerce Code Sec. 17.83. ORIGINAL INVENTORY.

  48. Tex. Business & Commerce Code Sec. 17.835. NOTICE OF FILING OF ORIGINAL INVENTORY. Not later than the fifth business day after the date on which a person files an original inventory under Section 17.83, the chief appraiser shall send notice of the filing to the comptroller, the county clerk of the county in which the person's principal place of business in the state is located, and the tax collector for each of the taxing units that tax the property described in the original inventory.

  49. Tex. Business & Commerce Code Sec. 17.84. PERMIT.

  50. Tex. Business & Commerce Code Sec. 17.85. DEADLINE FOR ORDERS. A person may not sell an item at a going out of business sale if the person ordered the item after the beginning date of the sale.

  51. Tex. Business & Commerce Code Sec. 17.851. DEFINITIONS. In this subchapter:

  52. Tex. Business & Commerce Code Sec. 17.852. INQUIRY AS TO PRODUCER.

  53. Tex. Business & Commerce Code Sec. 17.853. UNLAWFUL ACTS. A person may not:

  54. Tex. Business & Commerce Code Sec. 17.854. PENALTY. A person who violates this subchapter commits an offense. An offense under this section is a Class B misdemeanor.

  55. Tex. Business & Commerce Code Sec. 17.86. SALE INVENTORY. Before the end of each 30-day period during the going out of business sale the permit holder shall file with the chief appraiser a sale inventory containing a complete and detailed list of the goods, wares, and merchandise listed in the original inventory that have not been sold before the date that the sale inventory is filed. A sale inventory must list items offered on the beginning date of the sale separately from the items added to the sale inventory after that date.

  56. Tex. Business & Commerce Code Sec. 17.87. FINAL INVENTORY. Within 30 days after the day that the going out of business sale ends, the permit holder shall file with the chief appraiser a final inventory. The final inventory must include:

  57. Tex. Business & Commerce Code Sec. 17.88. DISPOSITION OF SALE ITEMS. After a permit expires, the permit holder may not sell at retail an item offered at the sale covered by the permit.

  58. Tex. Business & Commerce Code Sec. 17.881. DEFINITIONS. In this subchapter:

  59. Tex. Business & Commerce Code Sec. 17.882. MEAT LABELING.

  60. Tex. Business & Commerce Code Sec. 17.883. SALE OF NONHALAL FOOD. A person commits an offense if the person knowingly or intentionally sells at a restaurant or a retail store a food product that is represented as halal food and is not halal food and the person either knows the food is not halal food or was reckless about determining whether or not the food is halal food.

  61. Tex. Business & Commerce Code Sec. 17.884. CIVIL REMEDY. A consumer aggrieved by a violation of this subchapter may maintain a cause of action for damages in accordance with Section 17.50.

  62. Tex. Business & Commerce Code Sec. 17.885. CRIMINAL PENALTY. An offense under this subchapter is punishable by the fine imposed for an offense under Section 17.12(d).

  63. Tex. Business & Commerce Code Sec. 17.89. LATER SALES. A person may not conduct a going out of business sale beginning within two years after the ending date of the most recent going out of business sale conducted by the person.

  64. Tex. Business & Commerce Code Sec. 17.90. FORM OF INVENTORY. An inventory filed under this subchapter must be in the form of a sworn affidavit.

  65. Tex. Business & Commerce Code Sec. 17.901. DEFINITIONS. In this subchapter:

  66. Tex. Business & Commerce Code Sec. 17.902. UNAUTHORIZED ADVERTISEMENT, PROMOTION, OR CONDUCTION OF CERTAIN LIVE MUSICAL PERFORMANCES. A person may not advertise, promote, or conduct a live musical performance in this state through the use of a false, deceptive, or misleading affiliation, connection, or association between a recording group and a performing musical group. An act is not considered a violation of this section if:

  67. Tex. Business & Commerce Code Sec. 17.903. INJUNCTION; RESTITUTION.

  68. Tex. Business & Commerce Code Sec. 17.904. CIVIL PENALTY.

  69. Tex. Business & Commerce Code Sec. 17.91. EXCEPTIONS. This subchapter does not apply to:

  70. Tex. Business & Commerce Code Sec. 17.92. PENALTY.

  71. Tex. Business & Commerce Code Sec. 17.921. DEFINITIONS. In this subchapter:

  72. Tex. Business & Commerce Code Sec. 17.922. REQUIRED DISCLOSURE FOR COLLECTIONS THROUGH PUBLIC RECEPTACLE.

  73. Tex. Business & Commerce Code Sec. 17.923. REQUIRED DISCLOSURES FOR TELEPHONE OR DOOR-TO-DOOR SOLICITATIONS.

  74. Tex. Business & Commerce Code Sec. 17.924. REQUIRED DISCLOSURES FOR MAIL SOLICITATIONS.

  75. Tex. Business & Commerce Code Sec. 17.925. LOCAL ORDINANCE OR REGULATION. Nothing in this subchapter shall be construed to limit the authority of a local government to adopt an ordinance or regulation relating to the use of public donations receptacles as a collection point for donated clothing or household goods if the ordinance or regulation is compatible with and equal to or more stringent than a requirement prescribed by this subchapter.

  76. Tex. Business & Commerce Code Sec. 17.926. CIVIL PENALTY.

  77. Tex. Business & Commerce Code Sec. 17.93. INJUNCTION. The attorney general may bring an action to enjoin a violation of this subchapter.

  78. Tex. Business & Commerce Code Sec. 17.951. DEFINITION. In this subchapter, "end user" means a person that purchases, rents, leases, or otherwise obtains a product, service, or technology in the commercial market that is not for resale and that is, or later becomes, the subject of a patent infringement assertion due to the person's use of the product, service, or technology.

  79. Tex. Business & Commerce Code Sec. 17.952. BAD FAITH CLAIM OF PATENT INFRINGEMENT PROHIBITED.

  80. Tex. Business & Commerce Code Sec. 17.953. ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTION AND CIVIL PENALTY.

  81. Tex. Business & Commerce Code Sec. 17.954. CONSTRUCTION OF SUBCHAPTER. This subchapter may not be construed to:

  82. Tex. Business & Commerce Code Sec. 17.955. NO PRIVATE CAUSE OF ACTION. This subchapter does not create a private cause of action for a violation of Section 17.952.

Chapter 20

  1. Tex. Business & Commerce Code Sec. 20.01. DEFINITIONS. In this chapter:

  2. Tex. Business & Commerce Code Sec. 20.02. PERMISSIBLE PURPOSES; PROHIBITION; USE OF CONSUMER'S SOCIAL SECURITY NUMBER.

  3. Tex. Business & Commerce Code Sec. 20.021. CHECK VERIFICATION AND CHECK GUARANTEE SERVICES; DISCLOSURES TO CONSUMERS.

  4. Tex. Business & Commerce Code Sec. 20.03. DISCLOSURES TO CONSUMERS.

  5. Tex. Business & Commerce Code Sec. 20.031. REQUESTING SECURITY ALERT. On a request in writing or by telephone and with proper identification provided by a consumer, a consumer reporting agency shall place a security alert on the consumer's consumer file not later than 24 hours after the date the agency receives the request. The security alert must remain in effect for not less than 45 days after the date the agency places the security alert on the file. There is no limit on the number of security alerts a consumer may request. At the end of a 45-day security alert, on request in writing or by telephone and with proper identification provided by the consumer, the agency shall provide the consumer with a copy of the consumer's file. A consumer may include with the security alert request a telephone number to be used by persons to verify the consumer's identity before entering into a transaction with the consumer.

  6. Tex. Business & Commerce Code Sec. 20.032. NOTIFICATION OF SECURITY ALERT. A consumer reporting agency shall notify a person who requests a consumer report if a security alert is in effect for the consumer file involved in that report and include a verification telephone number for the consumer if the consumer has provided a number under Section 20.031.

  7. Tex. Business & Commerce Code Sec. 20.033. TOLL-FREE SECURITY ALERT REQUEST NUMBER. A consumer reporting agency shall maintain a toll-free telephone number that is answered at a minimum during normal business hours to accept security alert requests from consumers. If calls are not answered after normal business hours, an automated answering system shall record requests and calls shall be returned to the consumer not later than two hours after the time the normal business day begins on the next business day after the date the call was received.

  8. Tex. Business & Commerce Code Sec. 20.034. REQUESTING SECURITY FREEZE.

  9. Tex. Business & Commerce Code Sec. 20.035. NOTIFICATION OF CHANGE. If a security freeze is in place, a consumer reporting agency shall notify the consumer in writing of a change in the consumer file to the consumer's name, date of birth, social security number, or address not later than 30 calendar days after the date the change is made. The agency shall send notification of a change of address to the new address and former address. This section does not require notice of an immaterial change, including a street abbreviation change or correction of a transposition of letters or misspelling of a word.

  10. Tex. Business & Commerce Code Sec. 20.036. NOTIFICATION OF SECURITY FREEZE. A consumer reporting agency shall notify a person who requests a consumer report if a security freeze is in effect for the consumer file involved in that report.

  11. Tex. Business & Commerce Code Sec. 20.037. REMOVAL OR TEMPORARY LIFTING OF SECURITY FREEZE.

  12. Tex. Business & Commerce Code Sec. 20.038. EXEMPTION FROM SECURITY FREEZE. A security freeze does not apply to a consumer report provided to:

  13. Tex. Business & Commerce Code Sec. 20.0385. APPLICABILITY OF SECURITY ALERT AND SECURITY FREEZE.

  14. Tex. Business & Commerce Code Sec. 20.039. RESPECT OF SECURITY FREEZE. A consumer reporting agency shall honor a security freeze placed on a consumer file by another consumer reporting agency.

  15. Tex. Business & Commerce Code Sec. 20.04. CHARGES FOR CERTAIN DISCLOSURES OR SERVICES.

  16. Tex. Business & Commerce Code Sec. 20.05. REPORTING OF INFORMATION PROHIBITED.

  17. Tex. Business & Commerce Code Sec. 20.06. DISPUTE PROCEDURE.

  18. Tex. Business & Commerce Code Sec. 20.07. CORRECTION OF INACCURATE INFORMATION.

  19. Tex. Business & Commerce Code Sec. 20.08. CONSUMER'S RIGHT TO FILE ACTION IN COURT OR ARBITRATE DISPUTES.

  20. Tex. Business & Commerce Code Sec. 20.09. CIVIL LIABILITY.

  21. Tex. Business & Commerce Code Sec. 20.10. REMEDIES CUMULATIVE. An action taken under this chapter does not prohibit a consumer from taking any other action authorized by law except that a credit reporting agency may not be subject to suit with respect to any issue that was the subject of an arbitration proceeding brought under Section 20.08.

  22. Tex. Business & Commerce Code Sec. 20.11. INJUNCTIVE RELIEF; CIVIL PENALTY.

  23. Tex. Business & Commerce Code Sec. 20.12. DECEPTIVE TRADE PRACTICE. A violation of this chapter is a false, misleading, or deceptive act or practice under Subchapter E, Chapter 17.

  24. Tex. Business & Commerce Code Sec. 20.13. VENUE. An action brought under this chapter shall be filed in a district court:

  25. Tex. Business & Commerce Code Sec. 20.21. DEFINITIONS. In this subchapter:

  26. Tex. Business & Commerce Code Sec. 20.22. APPLICABILITY; CONFLICT OF LAW.

  27. Tex. Business & Commerce Code Sec. 20.23. PROOF OF AUTHORITY AND IDENTIFICATION.

  28. Tex. Business & Commerce Code Sec. 20.24. USE OF RECORD TO CONSIDER CREDITWORTHINESS OR FOR OTHER PURPOSES PROHIBITED. A protected consumer's record may not be created or used to consider the protected consumer's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living for any purpose described by Section 20.01(4).

  29. Tex. Business & Commerce Code Sec. 20.25. REQUEST TO PLACE A SECURITY FREEZE; CREATION OF RECORD.

  30. Tex. Business & Commerce Code Sec. 20.26. RELEASE OF CONSUMER REPORT PROHIBITED. Unless a security freeze on a protected consumer's consumer file or record is removed under Section 20.28 or 20.30, a consumer reporting agency may not release any consumer report relating to the protected consumer, any information derived from the protected consumer's consumer report, or any record created for the protected consumer.

  31. Tex. Business & Commerce Code Sec. 20.27. PERIOD OF SECURITY FREEZE. A security freeze on a protected consumer's consumer file or record remains in effect until:

  32. Tex. Business & Commerce Code Sec. 20.28. REMOVAL OF SECURITY FREEZE.

  33. Tex. Business & Commerce Code Sec. 20.29. FEES.

  34. Tex. Business & Commerce Code Sec. 20.30. EFFECT OF MATERIAL MISREPRESENTATION OF FACT. A consumer reporting agency may remove a security freeze on a protected consumer's consumer file or record, or delete a record of a protected consumer, if the security freeze was placed or the record was created based on a material misrepresentation of fact by the protected consumer or the protected consumer's representative.

  35. Tex. Business & Commerce Code Sec. 20.31. REMEDY FOR VIOLATION. Notwithstanding Subchapter D or any other law, the exclusive remedy for a violation of this subchapter is a suit filed by the attorney general under Section 20.11.

Chapter 21

  1. Tex. Business & Commerce Code Sec. 21.001. DEFINITIONS.

  2. Tex. Business & Commerce Code Sec. 21.002. EXCEPTION FROM APPLICABILITY OF CHAPTER.

  3. Tex. Business & Commerce Code Sec. 21.003. CONFLICT WITH OTHER LAW. To the extent of a conflict between this chapter and Chapter 393, Finance Code, this chapter controls.

  4. Tex. Business & Commerce Code Sec. 21.051. FORM AND TERMS OF CONTRACT. Each contract for the purchase of the services of a foreclosure consultant by a homeowner of a residence in foreclosure must be in writing, dated, and signed by each homeowner and the foreclosure consultant.

  5. Tex. Business & Commerce Code Sec. 21.052. REQUIRED DISCLOSURE. Before entering into a contract with a homeowner of a residence in foreclosure for the purchase of the services of a foreclosure consultant, the foreclosure consultant shall provide the homeowner written notice stating the following, in at least 14-point boldfaced type:

  6. Tex. Business & Commerce Code Sec. 21.101. RESTRICTIONS ON CHARGE OR RECEIPT OF CONSIDERATION. A foreclosure consultant may not:

  7. Tex. Business & Commerce Code Sec. 21.102. PROHIBITED CONDUCT. A foreclosure consultant may not:

  8. Tex. Business & Commerce Code Sec. 21.103. RETENTION OF RECORDS.

  9. Tex. Business & Commerce Code Sec. 21.151. CRIMINAL PENALTY.

Chapter 22

  1. Tex. Business & Commerce Code Sec. 22.001. DEFINITIONS. In this chapter:

  2. Tex. Business & Commerce Code Sec. 22.002. APPLICABILITY. This chapter applies only to a public sale of residential real property conducted under a power of sale in a security instrument.

  3. Tex. Business & Commerce Code Sec. 22.003. CONTRACTS CONCERNING SALE. A trustee or substitute trustee conducting a sale to which this chapter applies may contract with:

  4. Tex. Business & Commerce Code Sec. 22.004. INFORMATION FROM WINNING BIDDER.

  5. Tex. Business & Commerce Code Sec. 22.005. RECEIPT AND DEED. The trustee or substitute trustee shall:

  6. Tex. Business & Commerce Code Sec. 22.006. SALE PROCEEDS.

Chapter 23

  1. Tex. Business & Commerce Code Sec. 23.01. DEFINITIONS. In this chapter, unless the context requires a different definition,

  2. Tex. Business & Commerce Code Sec. 23.02. NATURE AND EFFECT OF ASSIGNMENT.

  3. Tex. Business & Commerce Code Sec. 23.08. FORM AND CONTENT OF ASSIGNMENT.

  4. Tex. Business & Commerce Code Sec. 23.09. FRAUD DOES NOT DEFEAT ASSIGNMENT.

  5. Tex. Business & Commerce Code Sec. 23.10. ASSIGNMENT DISCHARGES DEBTOR. If an assigning debtor makes an assignment, he is discharged from liability on the claim of a consenting creditor unless the consenting creditor does not receive at least one-third of the amount allowed on his claim against the assigned estate.

  6. Tex. Business & Commerce Code Sec. 23.16. ASSIGNEE'S QUALIFICATIONS, DUTY TO RECORD ASSIGNMENT, AND BOND.

  7. Tex. Business & Commerce Code Sec. 23.17. NOTICE OF ASSIGNEE'S APPOINTMENT.

  8. Tex. Business & Commerce Code Sec. 23.18. REPLACEMENT OF ASSIGNEE.

  9. Tex. Business & Commerce Code Sec. 23.19. ASSIGNEE'S DUTY TO DISTRIBUTE ASSIGNED ESTATE. Each time an assignee has enough money to pay 10 percent of the assigning debtor's debts, he shall distribute the money among the creditors entitled to receive it in proportion to their claims allowed under Section 23.31(b) of this code.

  10. Tex. Business & Commerce Code Sec. 23.20. DISCOUNT OF CLAIM NOT DUE AND ALLOWANCE OF SECURED CLAIM.

  11. Tex. Business & Commerce Code Sec. 23.21. ASSIGNEE'S ENTITLEMENT TO COMPENSATION. An assignee is entitled to reasonable compensation for his services and reimbursement for his necessary expenses, including an attorney's fee, all of which shall be fixed by the county or district court who approved his bond. The compensation, expenses, and attorney's fee fixed by the county or district court shall be paid out of the assigned estate.

  12. Tex. Business & Commerce Code Sec. 23.22. EXAMINATION OF DEBTOR OR OTHER PERSON.

  13. Tex. Business & Commerce Code Sec. 23.23. ASSIGNEE'S FINAL REPORT AND DISCHARGE.

  14. Tex. Business & Commerce Code Sec. 23.24. TIME LIMIT ON BRINGING ACTION AGAINST ASSIGNEE. An action against an assignee based on his conduct in carrying out the assignment, as shown in his report filed under Section 23.23(a) of this code, must be brought within 12 months after the report is filed or the action is barred.

  15. Tex. Business & Commerce Code Sec. 23.30. CREDITOR'S CONSENT TO ASSIGNMENT.

  16. Tex. Business & Commerce Code Sec. 23.31. CREDITOR'S PROOF AND ASSIGNEE'S ALLOWANCE OF CLAIM.

  17. Tex. Business & Commerce Code Sec. 23.32. CREDITOR'S SUIT ON DISPUTED CLAIM.

  18. Tex. Business & Commerce Code Sec. 23.33. NONCONSENTING CREDITOR'S RIGHT TO SURPLUS. If a creditor does not consent to an assignment, he may garnishee the assignee for the excess of the assigned estate remaining in the assignee's possession after the assignee has paid

Chapter 24

  1. Tex. Business & Commerce Code Sec. 24.001. SHORT TITLE. This chapter may be cited as the Uniform Fraudulent Transfer Act.

  2. Tex. Business & Commerce Code Sec. 24.002. DEFINITIONS. In this chapter:

  3. Tex. Business & Commerce Code Sec. 24.003. INSOLVENCY.

  4. Tex. Business & Commerce Code Sec. 24.004. VALUE.

  5. Tex. Business & Commerce Code Sec. 24.005. TRANSFERS FRAUDULENT AS TO PRESENT AND FUTURE CREDITORS.

  6. Tex. Business & Commerce Code Sec. 24.006. TRANSFERS FRAUDULENT AS TO PRESENT CREDITORS.

  7. Tex. Business & Commerce Code Sec. 24.007. WHEN TRANSFER IS MADE OR OBLIGATION IS INCURRED. For the purposes of this chapter:

  8. Tex. Business & Commerce Code Sec. 24.008. REMEDIES OF CREDITORS.

  9. Tex. Business & Commerce Code Sec. 24.009. DEFENSES, LIABILITY, AND PROTECTION OF TRANSFEREE.

  10. Tex. Business & Commerce Code Sec. 24.010. EXTINGUISHMENT OF CAUSE OF ACTION.

  11. Tex. Business & Commerce Code Sec. 24.011. SUPPLEMENTARY PROVISIONS. Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions.

  12. Tex. Business & Commerce Code Sec. 24.012. UNIFORMITY OF APPLICATION AND CONSTRUCTION. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

  13. Tex. Business & Commerce Code Sec. 24.013. COSTS. In any proceeding under this chapter, the court may award costs and reasonable attorney's fees as are equitable and just.

Chapter 26

  1. Tex. Business & Commerce Code Sec. 26.01. PROMISE OR AGREEMENT MUST BE IN WRITING.

  2. Tex. Business & Commerce Code Sec. 26.02. LOAN AGREEMENT MUST BE IN WRITING.

Chapter 27

  1. Tex. Business & Commerce Code Sec. 27.01. FRAUD IN REAL ESTATE AND STOCK TRANSACTIONS.

  2. Tex. Business & Commerce Code Sec. 27.015. DECEPTIVE TRADE PRACTICE; PUBLIC REMEDY.

  3. Tex. Business & Commerce Code Sec. 27.02. GOODS OR SERVICES PAID FOR BY INSURANCE PROCEEDS: PAYMENT OF DEDUCTIBLE REQUIRED.

Chapter 51

  1. Tex. Business & Commerce Code Sec. 51.001. SHORT TITLE. This chapter may be cited as the Business Opportunity Act.

  2. Tex. Business & Commerce Code Sec. 51.002. GENERAL DEFINITIONS. In this chapter:

  3. Tex. Business & Commerce Code Sec. 51.003. DEFINITION OF BUSINESS OPPORTUNITY.

  4. Tex. Business & Commerce Code Sec. 51.004. LIBERAL CONSTRUCTION AND APPLICATION.

  5. Tex. Business & Commerce Code Sec. 51.005. BURDEN OF PROOF. A person who claims to be exempt from this chapter has the burden of proving the exemption.

  6. Tex. Business & Commerce Code Sec. 51.006. WAIVER. A waiver of this chapter is contrary to public policy and void.

  7. Tex. Business & Commerce Code Sec. 51.007. MAINTENANCE OF RECORDS.

  8. Tex. Business & Commerce Code Sec. 51.008. FILING FEE. The secretary of state may charge a reasonable fee to cover the costs incurred as a result of a filing required by Subchapter B or Section 51.003 or 51.251.

  9. Tex. Business & Commerce Code Sec. 51.009. RULES. The secretary of state may adopt rules to administer and enforce this chapter.

  10. Tex. Business & Commerce Code Sec. 51.051. FILING OF DISCLOSURE STATEMENTS AND LIST OF SELLERS. Before a sale or offer for sale, including advertising, of a business opportunity, the principal seller must register the business opportunity with the secretary of state by filing:

  11. Tex. Business & Commerce Code Sec. 51.052. UPDATING OF INFORMATION ON FILE.

  12. Tex. Business & Commerce Code Sec. 51.053. FILING OF DISCLOSURE DOCUMENT FROM OTHER REGULATORY AGENCY. Instead of filing with the secretary of state a copy of a disclosure statement, a seller may file a copy of a similar document required by the State Securities Board, Securities and Exchange Commission, or Federal Trade Commission that contains all the information required to be disclosed by this chapter.

  13. Tex. Business & Commerce Code Sec. 51.054. FILING OF COPY OF BOND OR NOTIFICATION OF ACCOUNT. A principal seller who is required to obtain a bond or establish a trust account under Subchapter C shall contemporaneously file with the secretary of state a copy of:

  14. Tex. Business & Commerce Code Sec. 51.101. BOND, TRUST ACCOUNT, OR LETTER OF CREDIT REQUIRED.

  15. Tex. Business & Commerce Code Sec. 51.102. ACTION AGAINST BOND, TRUST ACCOUNT, OR LETTER OF CREDIT.

  16. Tex. Business & Commerce Code Sec. 51.151. DISCLOSURE TO PURCHASER OF BUSINESS OPPORTUNITY.

  17. Tex. Business & Commerce Code Sec. 51.152. COVER SHEET OF DISCLOSURE STATEMENT.

  18. Tex. Business & Commerce Code Sec. 51.153. CONTENTS: NAMES AND ADDRESSES. A disclosure statement must contain:

  19. Tex. Business & Commerce Code Sec. 51.154. CONTENTS: SALES PERIODS. A disclosure statement must:

  20. Tex. Business & Commerce Code Sec. 51.155. CONTENTS: SERVICES DESCRIPTION. A disclosure statement must contain:

  21. Tex. Business & Commerce Code Sec. 51.156. CONTENTS: UPDATED FINANCIAL STATEMENT. A disclosure statement must contain a copy of a financial statement of the seller that:

  22. Tex. Business & Commerce Code Sec. 51.157. CONTENTS: TRAINING DESCRIPTION. If the seller promises training, the disclosure statement must contain a complete description of the training, including:

  23. Tex. Business & Commerce Code Sec. 51.158. CONTENTS: SECURITY DESCRIPTION. If the seller is required to obtain a bond or establish a trust account, the disclosure statement must contain one of the following statements, as applicable:

  24. Tex. Business & Commerce Code Sec. 51.159. CONTENTS: DELIVERY DATE; CANCELLATION OF CONTRACT. If the seller is required to deliver to the purchaser the product, equipment, or supplies necessary to begin substantial operation of the business and states a definite or approximate delivery date for the product, equipment, or supplies, the disclosure statement must contain the following statement: "If the seller fails to deliver the product, equipment, or supplies necessary to begin substantial operation of the business within 45 days of the delivery date stated in your contract, you may notify the seller in writing and cancel your contract."

  25. Tex. Business & Commerce Code Sec. 51.160. CONTENTS: SALES OR EARNINGS REPRESENTATION. If the seller makes a statement concerning sales or earnings that may be made through the business opportunity, the disclosure statement must contain a statement disclosing:

  26. Tex. Business & Commerce Code Sec. 51.161. CONTENTS: LEGAL ACTION HISTORY.

  27. Tex. Business & Commerce Code Sec. 51.162. CONTENTS: BANKRUPTCY OR REORGANIZATION.

  28. Tex. Business & Commerce Code Sec. 51.163. CONTENTS: CONTRACT COPY. A disclosure statement must contain a copy of the business opportunity contract that the seller uses as a matter of course and that will be presented to the purchaser at closing.

  29. Tex. Business & Commerce Code Sec. 51.164. USE OF DISCLOSURE DOCUMENT FROM OTHER REGULATORY AGENCY. Instead of providing a disclosure statement to a purchaser under this subchapter, a seller may provide a copy of a similar document required by the State Securities Board, Securities and Exchange Commission, or Federal Trade Commission that contains all the information required to be disclosed by this chapter.

  30. Tex. Business & Commerce Code Sec. 51.201. FORM OF BUSINESS OPPORTUNITY CONTRACT. A business opportunity contract must be in writing and include, in 10-point type or in handwriting of an equivalent size, the following:

  31. Tex. Business & Commerce Code Sec. 51.202. DELIVERY OF COPIES OF DOCUMENTS TO PURCHASER. A copy of the completed business opportunity contract and any other document the seller requires the purchaser to sign shall be given to the purchaser at the time the purchaser signs the contract.

  32. Tex. Business & Commerce Code Sec. 51.203. EFFECT OF ASSIGNMENT OF BUSINESS OPPORTUNITY CONTRACT. An assignee of a business opportunity contract or of the seller's rights under the contract is subject to all equities, rights, and defenses of the purchaser against the seller.

  33. Tex. Business & Commerce Code Sec. 51.251. VOLUNTARY TERMINATION OF BUSINESS OPPORTUNITY REGISTRATION. The principal seller of a registered business opportunity may voluntarily terminate the business opportunity's registration with the secretary of state if:

  34. Tex. Business & Commerce Code Sec. 51.252. INVOLUNTARY TERMINATION OF BUSINESS OPPORTUNITY REGISTRATION.

  35. Tex. Business & Commerce Code Sec. 51.301. PROHIBITED ACTS. A seller may not:

  36. Tex. Business & Commerce Code Sec. 51.302. DECEPTIVE TRADE PRACTICE; REMEDIES.

  37. Tex. Business & Commerce Code Sec. 51.303. REVIEW AND SUIT BY ATTORNEY GENERAL.

Chapter 52

  1. Tex. Business & Commerce Code Sec. 52.001. SHORT TITLE. This chapter may be cited as the Regulation of Invention Development Services Act.

  2. Tex. Business & Commerce Code Sec. 52.002. DEFINITIONS. In this chapter:

  3. Tex. Business & Commerce Code Sec. 52.003. APPLICABILITY OF CHAPTER TO CONTRACT FOR INVENTION DEVELOPMENT SERVICES. This chapter applies to each contract under which an invention developer agrees to perform invention development services for a customer.

  4. Tex. Business & Commerce Code Sec. 52.004. WAIVER BY CUSTOMER PROHIBITED. A waiver by a customer of a provision of this chapter is void.

  5. Tex. Business & Commerce Code Sec. 52.051. BOND REQUIRED.

  6. Tex. Business & Commerce Code Sec. 52.052. BENEFICIARY OF BOND; CLAIM AGAINST BOND.

  7. Tex. Business & Commerce Code Sec. 52.053. CASH DEPOSIT INSTEAD OF BOND. Instead of furnishing the bond required by Section 52.051, the invention developer may provide for, in an amount equal to the amount of the bond required:

  8. Tex. Business & Commerce Code Sec. 52.101. WRITTEN CONTRACT REQUIRED; CUSTOMER COPY.

  9. Tex. Business & Commerce Code Sec. 52.102. MANDATORY CONTRACT TERMS.

  10. Tex. Business & Commerce Code Sec. 52.103. MULTIPLE CONTRACTS. If it is the invention developer's normal practice to seek more than one contract in connection with an invention or if the invention developer normally seeks to perform services in connection with an invention in more than one phase with the performance of each phase covered in one or more subsequent contracts, the invention developer shall give to the customer at the time the customer signs the first contract:

  11. Tex. Business & Commerce Code Sec. 52.104. PAYMENT FOR SERVICES; OPTION TO TERMINATE CONTRACT.

  12. Tex. Business & Commerce Code Sec. 52.105. COVER NOTICE REQUIRED.

  13. Tex. Business & Commerce Code Sec. 52.106. QUARTERLY REPORTS TO CUSTOMER REQUIRED. At least once each calendar quarter during the term of a contract for invention development services, the invention developer shall deliver to the customer at the address specified in the contract a written report that identifies the contract and contains:

  14. Tex. Business & Commerce Code Sec. 52.151. CONTRACT VOIDABLE. A contract for invention development services is voidable at the option of the customer if the contract:

  15. Tex. Business & Commerce Code Sec. 52.152. PRIVATE CAUSE OF ACTION.

  16. Tex. Business & Commerce Code Sec. 52.153. DECEPTIVE TRADE PRACTICE. The following acts, omissions, or failures by an invention developer constitute a deceptive trade practice under Chapter 17:

  17. Tex. Business & Commerce Code Sec. 52.154. MUTUALLY EXCLUSIVE REMEDIES. Remedies available under Sections 52.152 and 52.153 are mutually exclusive.

  18. Tex. Business & Commerce Code Sec. 52.155. PRESUMPTION OF INJURY. For purposes of Sections 52.152 and 52.153, a rebuttable presumption of injury is established by:

  19. Tex. Business & Commerce Code Sec. 52.156. ENFORCEMENT BY ATTORNEY GENERAL.

  20. Tex. Business & Commerce Code Sec. 52.157. APPLICATION OF OTHER LAWS. This chapter does not nullify or limit any obligation, right, or remedy that is applicable or available under the law of this state.

Chapter 53

  1. Tex. Business & Commerce Code Sec. 53.001. STORE LEASE CONTRACT.

Chapter 54

  1. Tex. Business & Commerce Code Sec. 54.001. DEFINITIONS. In this chapter:

  2. Tex. Business & Commerce Code Sec. 54.002. CONTRACT.

  3. Tex. Business & Commerce Code Sec. 54.003. PAYMENT ON TERMINATION OF CERTAIN COMPENSATION AGREEMENTS. If a compensation agreement between a sales representative and a principal that does not comply with Section 54.002 is terminated, the principal shall pay all commissions due the sales representative not later than the 30th working day after the date of the termination.

  4. Tex. Business & Commerce Code Sec. 54.004. DAMAGES. A principal who fails to comply with a provision of a contract under Section 54.002 relating to payment of a commission or who fails to pay a commission as required by Section 54.003 is liable to the sales representative in a civil action for:

  5. Tex. Business & Commerce Code Sec. 54.005. PERSONAL JURISDICTION. A principal who is not a resident of this state and who enters into a contract subject to this chapter is considered to be transacting business in this state for purposes of the exercise of personal jurisdiction over the principal.

  6. Tex. Business & Commerce Code Sec. 54.006. WAIVER. A provision of this chapter may not be waived, whether by an express waiver or by an attempt to make a contract or agreement subject to the laws of another state. A waiver of a provision of this chapter is void.

Chapter 56

  1. Tex. Business & Commerce Code Sec. 56.001. DEFINITIONS. In this chapter:

  2. Tex. Business & Commerce Code Sec. 56.002. INAPPLICABILITY OF CHAPTER TO CERTAIN CONTRACTS. This chapter does not apply to a contract that is solely for:

  3. Tex. Business & Commerce Code Sec. 56.003. EFFECT OF CHAPTER ON TIMING OF PAYMENT PROVISIONS. This chapter does not affect a provision that affects the timing of a payment in a contract for construction management or for the construction of improvements to real property if the payment is to be made within a reasonable period.

  4. Tex. Business & Commerce Code Sec. 56.004. WAIVER OF CHAPTER PROHIBITED. A person may not waive this chapter by contract or other means. A purported waiver of this chapter is void.

  5. Tex. Business & Commerce Code Sec. 56.051. ENFORCEMENT OF CLAUSE PROHIBITED TO EXTENT CERTAIN CONTRACTUAL OBLIGATIONS NOT MET. A contingent payor or its surety may not enforce a contingent payment clause to the extent that the obligor's nonpayment to the contingent payor is the result of the contractual obligations of the contingent payor not being met, unless the nonpayment is the result of the contingent payee's failure to meet the contingent payee's contractual requirements.

  6. Tex. Business & Commerce Code Sec. 56.052. ENFORCEMENT OF CLAUSE PROHIBITED FOLLOWING NOTICE FROM CONTINGENT PAYEE.

  7. Tex. Business & Commerce Code Sec. 56.053. ENFORCEMENT OF CLAUSE PROHIBITED IF EXISTENCE OF SHAM RELATIONSHIP. A contingent payor or its surety may not enforce a contingent payment clause if the contingent payor is in a sham relationship with the obligor, as described by the sham relationships in Section 53.026, Property Code.

  8. Tex. Business & Commerce Code Sec. 56.054. ENFORCEMENT OF CLAUSE PROHIBITED IF UNCONSCIONABLE.

  9. Tex. Business & Commerce Code Sec. 56.055. USE OF CLAUSE TO INVALIDATE ENFORCEABILITY OR PERFECTION OF MECHANIC'S LIEN PROHIBITED. A contingent payment clause may not be used as a basis for invalidation of the enforceability or perfection of a mechanic's lien under Chapter 53, Property Code.

  10. Tex. Business & Commerce Code Sec. 56.056. ASSERTION OF CLAUSE AS AFFIRMATIVE DEFENSE. The assertion of a contingent payment clause is an affirmative defense to a civil action for payment under a contract.

  11. Tex. Business & Commerce Code Sec. 56.057. ALLOCATION OF RISK PERMITTED. An obligor or a primary obligor may not prohibit a contingent payor from allocating risk by means of a contingent payment clause.

Chapter 57

  1. Tex. Business & Commerce Code Sec. 57.001. SHORT TITLE. This chapter may be cited as the Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act.

  2. Tex. Business & Commerce Code Sec. 57.002. DEFINITIONS. In this chapter:

  3. Tex. Business & Commerce Code Sec. 57.003. WAIVER OF CHAPTER VOID. An attempted waiver of a provision of this chapter or of the application of this chapter is void.

  4. Tex. Business & Commerce Code Sec. 57.051. CERTAIN PROVISIONS VOID. The following provisions contained in a dealer agreement are void:

  5. Tex. Business & Commerce Code Sec. 57.052. CHANGE IN OWNERSHIP OR FINANCIAL STRUCTURE. A supplier may not prevent, by contract or otherwise, a dealer from changing its capital structure or the means by or through which the dealer finances its operations, if:

  6. Tex. Business & Commerce Code Sec. 57.053. RELEASE OF LIABILITY PROHIBITED. A supplier may not require a dealer to assent to a release, assignment, novation, waiver, or estoppel that would release any person from liability imposed by this chapter.

  7. Tex. Business & Commerce Code Sec. 57.101. TRANSFER OF INTEREST IN DEALERSHIP BY SUCCESSION; SINGLE-LINE DEALER AGREEMENTS.

  8. Tex. Business & Commerce Code Sec. 57.102. APPROVAL OF SALE OR TRANSFER OF BUSINESS AT DEALER'S REQUEST.

  9. Tex. Business & Commerce Code Sec. 57.103. APPROVAL OF SALE OR TRANSFER OF BUSINESS AT REQUEST OF PERSONAL REPRESENTATIVE.

  10. Tex. Business & Commerce Code Sec. 57.151. APPLICABILITY OF SUBCHAPTER. This subchapter applies only to a dealer agreement that is not a single-line dealer agreement.

  11. Tex. Business & Commerce Code Sec. 57.152. TERMINATION BY DEALER; WRITTEN NOTICE. A dealer must give the supplier at least 30 days' prior written notice of termination.

  12. Tex. Business & Commerce Code Sec. 57.153. TERMINATION BY SUPPLIER; GOOD CAUSE REQUIRED. A supplier may not terminate a dealer agreement without good cause.

  13. Tex. Business & Commerce Code Sec. 57.154. GOOD CAUSE DETERMINATION.

  14. Tex. Business & Commerce Code Sec. 57.155. NOTICE OF TERMINATION; CORRECTION OF DEFICIENCY.

  15. Tex. Business & Commerce Code Sec. 57.201. APPLICABILITY OF SUBCHAPTER. This subchapter applies only to a single-line dealer agreement.

  16. Tex. Business & Commerce Code Sec. 57.202. TERMINATION BY SUPPLIER; GOOD CAUSE REQUIRED. No supplier may terminate a dealer agreement without good cause.

  17. Tex. Business & Commerce Code Sec. 57.203. GOOD CAUSE DETERMINATION.

  18. Tex. Business & Commerce Code Sec. 57.204. NOTICE OF TERMINATION; CORRECTION OF DEFICIENCY.

  19. Tex. Business & Commerce Code Sec. 57.205. NOTICE OF TERMINATION NOT REQUIRED UNDER CERTAIN CIRCUMSTANCES. The notice and right to cure provisions under Section 57.204 do not apply if the reason for termination is contained in Sections 57.203(b)(1)-(7).

  20. Tex. Business & Commerce Code Sec. 57.251. DEFINITION OF TERMINATE AND TERMINATION. For purposes of this subchapter, "terminate" and "termination" do not include the phrase substantially change the competitive circumstances of a dealer agreement.

  21. Tex. Business & Commerce Code Sec. 57.252. APPLICABILITY OF SUBCHAPTER; CONFLICT WITH SUBCHAPTER.

  22. Tex. Business & Commerce Code Sec. 57.253. WARRANTY CLAIM.

  23. Tex. Business & Commerce Code Sec. 57.254. RESUBMISSION OF WARRANTY CLAIM. If a warranty claim was rejected on the ground that the dealer failed to properly follow the procedural or technical requirements for submission of a warranty claim, the dealer may resubmit the claim in proper form not later than the 30th day after the date the dealer receives notice of the claim's rejection.

  24. Tex. Business & Commerce Code Sec. 57.255. PAYMENT OF WARRANTY CLAIM. Warranty work performed by the dealer shall be compensated in accordance with the reasonable and customary amount of time required to complete the work, expressed in hours and fractions of hours, multiplied by the dealer's established customer hourly retail labor rate for non-warranty repair work, which must have previously been made known to the supplier. Parts used in warranty repair work shall be reimbursed at the current net parts cost plus 15 percent.

  25. Tex. Business & Commerce Code Sec. 57.256. WARRANTY CLAIM FOR CERTAIN REPAIR WORK OR INSTALLATION OF REPLACEMENT PARTS. Any repair work or installation of replacement parts performed with respect to inventory equipment of a dealer or with respect to equipment of a dealer's customers, at the request of a supplier, including work performed under a product improvement program, constitutes a warranty claim for which the dealer must be paid under this subchapter.

  26. Tex. Business & Commerce Code Sec. 57.257. AUDIT OF WARRANTY CLAIMS.

  27. Tex. Business & Commerce Code Sec. 57.258. ALTERNATE REIMBURSEMENT TERMS ENFORCEABLE.

  28. Tex. Business & Commerce Code Sec. 57.301. COERCED ORDERS, DELIVERIES, OR REFUSALS TO PURCHASE.

  29. Tex. Business & Commerce Code Sec. 57.302. CONDITIONAL PURCHASES OF GOODS AND SERVICES.

  30. Tex. Business & Commerce Code Sec. 57.303. EQUIPMENT REPRESENTED AS AVAILABLE FOR IMMEDIATE DELIVERY. A supplier may not refuse to deliver, in reasonable quantities and within a reasonable time after receipt of a dealer's order, to any dealer having a dealer agreement for the retail sale of new equipment sold or distributed by the supplier, equipment covered by the dealer agreement and specifically advertised or represented by the supplier as available for immediate delivery, unless the refusal is due to:

  31. Tex. Business & Commerce Code Sec. 57.304. DISCRIMINATION IN ORDERS. A supplier may not discriminate, directly or indirectly, in filling an order placed by a dealer for retail sale or lease of new equipment under a dealer agreement as between dealers of the same product line.

  32. Tex. Business & Commerce Code Sec. 57.305. DISCRIMINATION IN PRICES OF NEW EQUIPMENT.

  33. Tex. Business & Commerce Code Sec. 57.351. DEFINITION OF TERMINATE AND TERMINATION. For purposes of this subchapter, "terminate" and "termination" do not include the phrase substantially change the competitive circumstances of a dealer agreement.

  34. Tex. Business & Commerce Code Sec. 57.352. APPLICABILITY OF SUBCHAPTER TO SEVERAL BUSINESS LOCATIONS COVERED BY SAME AGREEMENT. If a dealer has more than one of its business locations covered by the same dealer agreement, this subchapter applies to the repurchase of the dealer's inventory at the particular business location being closed unless the closing occurs without the permission of the supplier.

  35. Tex. Business & Commerce Code Sec. 57.353. PAYMENTS OR CREDITS.

  36. Tex. Business & Commerce Code Sec. 57.354. LATE PAYMENT OR CREDIT.

  37. Tex. Business & Commerce Code Sec. 57.355. LIABILITY.

  38. Tex. Business & Commerce Code Sec. 57.356. CONSTRUCTION OF SUBCHAPTER; CREDITOR'S CLAIMS. This subchapter may not be construed to affect any security interest the supplier may have in the inventory of the dealer, and any repurchase of the dealer's inventory under this subchapter may not be subject to the claims of any secured or unsecured creditor of the supplier or any assignee of the supplier until the dealer has received full payment or credit, as applicable, under this subchapter.

  39. Tex. Business & Commerce Code Sec. 57.357. AGREEMENT TERMINATED BY DEALER; INAPPLICABILITY OF SUBCHAPTER TO CERTAIN SPECIALTY SUPPLIERS.

  40. Tex. Business & Commerce Code Sec. 57.358. EXCEPTIONS.

  41. Tex. Business & Commerce Code Sec. 57.401. CIVIL ACTION; INJUNCTIVE RELIEF.

  42. Tex. Business & Commerce Code Sec. 57.402. CHOICE OF REMEDIES. The provisions of this chapter are supplemental to any dealer agreement between the dealer and the supplier that provides the dealer with greater protection. A dealer may elect to pursue its contract remedy or the remedy provided by state law, or both. An election by the dealer to pursue those remedies does not bar the dealer's right to exercise any other remedies that may be granted at law or in equity.

Chapter 58

  1. Tex. Business & Commerce Code Sec. 58.001. DEFINITIONS. In this chapter:

  2. Tex. Business & Commerce Code Sec. 58.002. APPLICABILITY OF CHAPTER.

  3. Tex. Business & Commerce Code Sec. 58.003. DISASTER REMEDIATION CONTRACT REQUIREMENTS; CERTAIN CONDUCT PROHIBITED.

  4. Tex. Business & Commerce Code Sec. 58.004. DECEPTIVE TRADE PRACTICE. A violation of this chapter by a disaster remediation contractor is a false, misleading, or deceptive act or practice as defined by Section 17.46(b), and any remedy under Subchapter E, Chapter 17, is available for a violation of this chapter.

  5. Tex. Business & Commerce Code Sec. 58.005. WAIVER OF CHAPTER PROHIBITED. A person may not waive this chapter by contract or other means. A purported waiver of this chapter is void.

Chapter 59

  1. Tex. Business & Commerce Code Sec. 59.001. DEFINITIONS. In this chapter:

  2. Tex. Business & Commerce Code Sec. 59.002. APPLICABILITY OF CHAPTER.

  3. Tex. Business & Commerce Code Sec. 59.003. WAIVER PROHIBITED. This chapter may not be waived. A purported waiver of this chapter in violation of this section is void.

  4. Tex. Business & Commerce Code Sec. 59.051. LIMITATION ON CONTRACTOR'S LIABILITY AND RESPONSIBILITY FOR CERTAIN DEFECTS.

  5. Tex. Business & Commerce Code Sec. 59.052. STANDARD OF CARE FOR CERTAIN DESIGNS. Design services provided under a contract described by Section 59.002(c) or

Chapter 71

  1. Tex. Business & Commerce Code Sec. 71.001. SHORT TITLE. This chapter may be cited as the Assumed Business or Professional Name Act.

  2. Tex. Business & Commerce Code Sec. 71.002. DEFINITIONS. In this chapter:

  3. Tex. Business & Commerce Code Sec. 71.003. APPLICABILITY OF CHAPTER.

  4. Tex. Business & Commerce Code Sec. 71.051. CERTIFICATE FOR CERTAIN UNINCORPORATED PERSONS. A person must file a certificate under this subchapter if the person regularly conducts business or renders a professional service in this state under an assumed name other than as a corporation, limited partnership, limited liability partnership, limited liability company, protected series or registered series of a limited liability company, or foreign filing entity.

  5. Tex. Business & Commerce Code Sec. 71.052. CONTENTS OF CERTIFICATE. The certificate must state:

  6. Tex. Business & Commerce Code Sec. 71.053. EXECUTION OF CERTIFICATE.

  7. Tex. Business & Commerce Code Sec. 71.054. PLACE OF FILING. A person shall file the certificate in the office of the county clerk in each county in which the person:

  8. Tex. Business & Commerce Code Sec. 71.101. CERTIFICATE FOR INCORPORATED BUSINESS OR PROFESSION, LIMITED PARTNERSHIP, LIMITED LIABILITY PARTNERSHIP, LIMITED LIABILITY COMPANY, REGISTERED SERIES, OR FOREIGN FILING ENTITY. A corporation, limited partnership, limited liability partnership, limited liability company, registered series of a limited liability company, or foreign filing entity must file a certificate under this subchapter if the registered series or entity:

  9. Tex. Business & Commerce Code Sec. 71.102. CONTENTS OF CERTIFICATE. The certificate must state:

  10. Tex. Business & Commerce Code Sec. 71.103. PLACE OF FILING.

  11. Tex. Business & Commerce Code Sec. 71.104. EXECUTION OF CERTIFICATE.

  12. Tex. Business & Commerce Code Sec. 71.151. DURATION AND RENEWAL OF CERTIFICATE.

  13. Tex. Business & Commerce Code Sec. 71.152. MATERIAL CHANGE IN INFORMATION; NEW CERTIFICATE.

  14. Tex. Business & Commerce Code Sec. 71.153. ABANDONMENT OF USE OF BUSINESS OR PROFESSIONAL NAME.

  15. Tex. Business & Commerce Code Sec. 71.154. INDEX OF CERTIFICATES.

  16. Tex. Business & Commerce Code Sec. 71.155. FILING FEES.

  17. Tex. Business & Commerce Code Sec. 71.156. PRESCRIBED FORMS.

  18. Tex. Business & Commerce Code Sec. 71.157. EFFECT OF FILING.

  19. Tex. Business & Commerce Code Sec. 71.158. FILING OF REPRODUCTION.

  20. Tex. Business & Commerce Code Sec. 71.201. CIVIL ACTION; SANCTION.

  21. Tex. Business & Commerce Code Sec. 71.202. CRIMINAL PENALTY: GENERAL VIOLATION.

  22. Tex. Business & Commerce Code Sec. 71.203. CRIMINAL PENALTY: FRAUDULENT FILING.

Chapter 72

  1. Tex. Business & Commerce Code Sec. 72.001. DEFINITIONS. In this subchapter:

  2. Tex. Business & Commerce Code Sec. 72.002. DESTRUCTION OF CERTAIN BUSINESS RECORDS.

  3. Tex. Business & Commerce Code Sec. 72.003. RETENTION OF REPRODUCTION OF BUSINESS RECORDS. A law of this state that requires retention of a business record is satisfied by retention of a reproduction of the original record.

  4. Tex. Business & Commerce Code Sec. 72.004. DISPOSAL OF BUSINESS RECORDS CONTAINING PERSONAL IDENTIFYING INFORMATION.

  5. Tex. Business & Commerce Code Sec. 72.051. REQUIRED DELETION OF CERTAIN ELECTRONIC RECORDS.

Chapter 73

  1. Tex. Business & Commerce Code Sec. 73.001. DEFINITIONS. In this chapter:

  2. Tex. Business & Commerce Code Sec. 73.002. REGISTRATION REQUIRED.

  3. Tex. Business & Commerce Code Sec. 73.003. EXEMPTIONS. This chapter does not require registration by:

  4. Tex. Business & Commerce Code Sec. 73.004. CONTENTS OF REGISTRATION; FEE.

  5. Tex. Business & Commerce Code Sec. 73.005. TIMING OF REGISTRATION; CORRECTION REQUIRED.

  6. Tex. Business & Commerce Code Sec. 73.006. FAILURE TO FILE REGISTRATION OR CORRECTION.

  7. Tex. Business & Commerce Code Sec. 73.007. INTERAGENCY MEMORANDUM. The secretary of state and the State Board of Dental Examiners shall enter into an interagency memorandum to share the information collected by the secretary of state under this chapter with the board.

  8. Tex. Business & Commerce Code Sec. 73.008. APPLICABILITY. This chapter does not limit nonclinical business support services that may be provided to a dentist by a dental support organization.

Chapter 74

  1. Tex. Business & Commerce Code Sec. 74.001. DEFINITIONS. In this chapter:

  2. Tex. Business & Commerce Code Sec. 74.002. REGISTRATION REQUIRED.

  3. Tex. Business & Commerce Code Sec. 74.003. EXEMPTIONS. This chapter does not require registration by:

  4. Tex. Business & Commerce Code Sec. 74.004. CONTENTS OF REGISTRATION; FEE.

  5. Tex. Business & Commerce Code Sec. 74.005. TIMING OF REGISTRATION; CORRECTION REQUIRED.

  6. Tex. Business & Commerce Code Sec. 74.006. FAILURE TO FILE REGISTRATION OR CORRECTION.

  7. Tex. Business & Commerce Code Sec. 74.007. INTERAGENCY MEMORANDUM. The secretary of state shall enter into an interagency memorandum to share the information collected by the secretary of state under this chapter with any relevant state agency.

  8. Tex. Business & Commerce Code Sec. 74.008. APPLICABILITY. This chapter does not limit business support services that may be provided to an optometrist by a vision support organization, to the extent permitted under Section 351.408, Occupations Code.

  9. Tex. Business & Commerce Code Sec. 74.009. LIMITATION ON OPTOMETRY BOARD RULEMAKING. The Texas Optometry Board may not adopt any rule limiting the right of an optometrist to contract with a vision support organization for business support services that are otherwise legally permissible.

Chapter 91

  1. Tex. Business & Commerce Code Sec. 91.001. DEFINITIONS. In this chapter:

  2. Tex. Business & Commerce Code Sec. 91.051. WRITTEN AGREEMENT REQUIRED FOR DAMAGE WAIVER. A rental company may not sell a damage waiver unless the renter agrees to the damage waiver in writing at or before the time the rental agreement is executed.

  3. Tex. Business & Commerce Code Sec. 91.052. NOTICE TO RENTER.

  4. Tex. Business & Commerce Code Sec. 91.053. POSTED NOTICE. In addition to providing the notice required by Section 91.052, a rental company shall post in a conspicuous location where the damage waiver is offered the following notice:

  5. Tex. Business & Commerce Code Sec. 91.054. PROHIBITED REPRESENTATIONS AND COERCION.

  6. Tex. Business & Commerce Code Sec. 91.055. MANDATORY CHARGE.

  7. Tex. Business & Commerce Code Sec. 91.056. VOIDING OF DAMAGE WAIVER. A rental company may not void a damage waiver unless:

  8. Tex. Business & Commerce Code Sec. 91.057. REFUND OF DAMAGE WAIVER CHARGE. A rental company shall issue to a renter a refund of any damage waiver charges charged or collected for a period that exceeds the number of calendar days a damage waiver is in effect if:

  9. Tex. Business & Commerce Code Sec. 91.101. CIVIL PENALTY. A rental company that violates this chapter is liable for a civil penalty in an amount of not less than $500 or more than $1,000 for each act of violation.

  10. Tex. Business & Commerce Code Sec. 91.102. INJUNCTION. A person injured or threatened with injury by a violation of this chapter may seek injunctive relief against the person committing or threatening to commit the violation.

  11. Tex. Business & Commerce Code Sec. 91.103. SUIT FOR CIVIL PENALTY OR INJUNCTIVE RELIEF. The attorney general or a county or district attorney may bring an action in the name of the state for a civil penalty under Section 91.101, injunctive relief under Section 91.102, or both.

Chapter 92

  1. Tex. Business & Commerce Code Sec. 92.001. DEFINITIONS. In this chapter:

  2. Tex. Business & Commerce Code Sec. 92.002. ADVERTISEMENT REQUIREMENTS. An advertisement for a rental-purchase agreement that refers to or states the amount of a payment or the right to acquire ownership of any one particular item under the agreement must clearly and conspicuously state:

  3. Tex. Business & Commerce Code Sec. 92.051. FORM OF AGREEMENT.

  4. Tex. Business & Commerce Code Sec. 92.052. REQUIRED DISCLOSURES.

  5. Tex. Business & Commerce Code Sec. 92.053. OTHER REQUIRED PROVISIONS. A rental-purchase agreement must provide that:

  6. Tex. Business & Commerce Code Sec. 92.054. PROHIBITED PROVISIONS.

  7. Tex. Business & Commerce Code Sec. 92.055. RESTRICTIONS ON LATE CHARGES AND REINSTATEMENT FEES.

  8. Tex. Business & Commerce Code Sec. 92.101. MERCHANT'S REPOSSESSION RIGHT. This chapter does not prevent a merchant from attempting repossession of merchandise during the reinstatement period.

  9. Tex. Business & Commerce Code Sec. 92.102. EFFECT OF REPOSSESSION DURING REINSTATEMENT PERIOD. A consumer's right to reinstate a rental-purchase agreement is not affected by the merchant's repossession of the merchandise during the reinstatement period.

  10. Tex. Business & Commerce Code Sec. 92.103. EFFECT ON REINSTATEMENT PERIOD OF MERCHANDISE RETURN. If merchandise is returned during the applicable reinstatement period, other than through judicial process, the right to reinstate the rental-purchase agreement is extended for a period of not less than 30 days after the date of return.

  11. Tex. Business & Commerce Code Sec. 92.104. MERCHANT'S DUTIES ON REINSTATEMENT.

  12. Tex. Business & Commerce Code Sec. 92.151. CONTRACT FOR WAIVER. In addition to other charges permitted by this chapter, a consumer may contract for a loss damage waiver.

  13. Tex. Business & Commerce Code Sec. 92.152. CHARGE FOR WAIVER. A merchant may charge a periodic fee for a loss damage waiver in an amount not to exceed 10 percent of the periodic rental payment.

  14. Tex. Business & Commerce Code Sec. 92.153. RESTRICTIONS ON MERCHANT CONCERNING WAIVER. A merchant may not:

  15. Tex. Business & Commerce Code Sec. 92.154. REQUIRED NOTICE IN WAIVER. A contract that offers a loss damage waiver must include the following notice:

  16. Tex. Business & Commerce Code Sec. 92.155. STATEMENT OF TOTAL CHARGE. A loss damage waiver agreement must include a statement of the total charge for the loss damage waiver.

  17. Tex. Business & Commerce Code Sec. 92.156. AUTHORIZED EXCLUSIONS. A loss damage waiver may exclude:

  18. Tex. Business & Commerce Code Sec. 92.157. RELATIONSHIP TO INSURANCE. A loss damage waiver is not insurance.

  19. Tex. Business & Commerce Code Sec. 92.201. ACTION FOR VIOLATION OF CHAPTER.

  20. Tex. Business & Commerce Code Sec. 92.202. DECEPTIVE TRADE PRACTICE. A violation of this chapter is a deceptive trade practice under Subchapter E, Chapter 17.

Chapter 93

  1. Tex. Business & Commerce Code Sec. 93.001. DEFINITIONS. In this chapter:

  2. Tex. Business & Commerce Code Sec. 93.002. CONTRACT FOR LOSS DAMAGE WAIVER. A customer may contract with a merchant for a heavy equipment loss damage waiver in connection with a rental agreement.

  3. Tex. Business & Commerce Code Sec. 93.003. RESTRICTIONS ON MERCHANT CONCERNING WAIVER. A merchant may not:

  4. Tex. Business & Commerce Code Sec. 93.004. REQUIRED NOTICE. A contract that offers a heavy equipment loss damage waiver must include the following notice:

  5. Tex. Business & Commerce Code Sec. 93.005. STATEMENT OF TOTAL CHARGE. A heavy equipment loss damage waiver agreement must include a statement of the total charge for the waiver.

  6. Tex. Business & Commerce Code Sec. 93.006. AUTHORIZED EXCLUSIONS. A heavy equipment loss damage waiver may exclude:

  7. Tex. Business & Commerce Code Sec. 93.007. RELATIONSHIP TO INSURANCE. A heavy equipment loss damage waiver is not insurance.

  8. Tex. Business & Commerce Code Sec. 93.008. CIVIL PENALTY. A merchant that violates this chapter is liable for a civil penalty in an amount of not less than $500 or more than $1,000 for each act of violation.

  9. Tex. Business & Commerce Code Sec. 93.009. INJUNCTIVE RELIEF. A person injured or threatened with injury by a violation of this chapter may seek injunctive relief against the person committing or threatening to commit the violation.

  10. Tex. Business & Commerce Code Sec. 93.010. SUIT FOR CIVIL PENALTY OR INJUNCTIVE RELIEF. The attorney general or a county or district attorney may bring an action in the name of the state for a civil penalty under Section 93.008, injunctive relief under Section 93.009, or both.

Chapter 94

  1. Tex. Business & Commerce Code Sec. 94.001. DEFINITIONS. In this chapter:

  2. Tex. Business & Commerce Code Sec. 94.002. CONTRACT FOR EXCESS WEAR AND USE WAIVER. A lessee may contract with a lessor for an excess wear and use waiver in connection with a lease agreement.

  3. Tex. Business & Commerce Code Sec. 94.003. RESTRICTIONS ON LESSOR CONCERNING EXCESS WEAR AND USE WAIVER. A lessor may not:

  4. Tex. Business & Commerce Code Sec. 94.004. REQUIRED NOTICE. An excess wear and use waiver must be in writing and include a notice substantially similar to the following:

  5. Tex. Business & Commerce Code Sec. 94.005. REQUIRED DISCLOSURES. A lease agreement that includes an excess wear and use waiver must disclose:

  6. Tex. Business & Commerce Code Sec. 94.006. RELATIONSHIP TO INSURANCE. An excess wear and use waiver is not insurance.

  7. Tex. Business & Commerce Code Sec. 94.007. CIVIL PENALTY. A lessor that violates this chapter is liable for a civil penalty in an amount of not less than $500 or more than $1,000 for each violation.

  8. Tex. Business & Commerce Code Sec. 94.008. INJUNCTIVE RELIEF. A person injured or threatened with injury by a violation of this chapter may seek injunctive relief against the person committing or threatening to commit the violation.

  9. Tex. Business & Commerce Code Sec. 94.009. SUIT FOR CIVIL PENALTY OR INJUNCTIVE RELIEF. The attorney general or a county or district attorney may bring an action in the name of the state for a civil penalty under Section 94.007, injunctive relief under Section 94.008, or both.

Chapter 101

  1. Tex. Business & Commerce Code Sec. 101.001. DEFINITIONS. In this chapter:

  2. Tex. Business & Commerce Code Sec. 101.002. PROVIDING CRIMINAL HISTORY, MARITAL HISTORY, AND BASIC RIGHTS INFORMATION.

  3. Tex. Business & Commerce Code Sec. 101.003. PROVIDING ADDITIONAL CRIMINAL HISTORY, MARITAL HISTORY, AND BASIC RIGHTS INFORMATION.

  4. Tex. Business & Commerce Code Sec. 101.004. OBTAINING CRIMINAL HISTORY RECORD INFORMATION AND MARITAL HISTORY INFORMATION.

  5. Tex. Business & Commerce Code Sec. 101.005. CIVIL PENALTY.

Chapter 102

  1. Tex. Business & Commerce Code Sec. 102.001. DEFINITIONS. In this subchapter:

  2. Tex. Business & Commerce Code Sec. 102.002. PROHIBITION ON CERTAIN ACTIVITIES BY SEX OFFENDER IN RELATION TO BUSINESS. A sex offender may not:

  3. Tex. Business & Commerce Code Sec. 102.003. PROHIBITION ON CERTAIN ACTIVITIES BY BUSINESS IN RELATION TO SEX OFFENDER. If a sexually oriented business knows that a person is a sex offender, the business may not:

  4. Tex. Business & Commerce Code Sec. 102.0031. PROHIBITION ON CERTAIN ACTIVITIES BY BUSINESS IN RELATION TO A CHILD. A sexually oriented business may not allow an individual younger than 18 years of age to enter the premises of the business.

  5. Tex. Business & Commerce Code Sec. 102.004. INJUNCTION OR OTHER RELIEF.

  6. Tex. Business & Commerce Code Sec. 102.005. CRIMINAL PENALTIES.

  7. Tex. Business & Commerce Code Sec. 102.051. DEFINITIONS. In this subchapter:

  8. Tex. Business & Commerce Code Sec. 102.052. FEE BASED ON ADMISSIONS; RECORDS.

  9. Tex. Business & Commerce Code Sec. 102.053. REMISSION OF FEE; SUBMISSION OF REPORTS. Each quarter, a sexually oriented business shall:

  10. Tex. Business & Commerce Code Sec. 102.054. ALLOCATION OF CERTAIN REVENUE FOR SEXUAL ASSAULT PROGRAMS. The comptroller shall deposit the amounts received from the fee imposed under this subchapter to the credit of the sexual assault program fund.

  11. Tex. Business & Commerce Code Sec. 102.056. ADMINISTRATION, COLLECTION, AND ENFORCEMENT. The provisions of Subtitle B, Title 2, Tax Code, apply to the administration, payment, collection, and enforcement of the fee imposed by this chapter.

  12. Tex. Business & Commerce Code Sec. 102.101. POSTING OF CERTAIN SIGN REQUIRED.

  13. Tex. Business & Commerce Code Sec. 102.102. CRIMINAL PENALTY.

Chapter 103

  1. Tex. Business & Commerce Code Sec. 103.001. DEFINITIONS. In this chapter:

  2. Tex. Business & Commerce Code Sec. 103.002. CRIMINAL PENALTY.

Chapter 104

  1. Tex. Business & Commerce Code Sec. 104.001. DEFINITIONS. In this chapter:

  2. Tex. Business & Commerce Code Sec. 104.002. PROHIBITED FEES, CHARGES, AND DISCOUNTS.

  3. Tex. Business & Commerce Code Sec. 104.003. CIVIL ACTION.

Chapter 105

  1. Tex. Business & Commerce Code Sec. 105.001. DEFINITIONS.

  2. Tex. Business & Commerce Code Sec. 105.002. APPLICABILITY OF CHAPTER.

  3. Tex. Business & Commerce Code Sec. 105.003. REFUELING SERVICES.

  4. Tex. Business & Commerce Code Sec. 105.004. NOTICE.

  5. Tex. Business & Commerce Code Sec. 105.005. OFFENSE; PENALTY.

  6. Tex. Business & Commerce Code Sec. 105.006. ENFORCEMENT. In addition to enforcement by the prosecuting attorney who represents the state, this chapter may be enforced by the attorney general.

Chapter 106

  1. Tex. Business & Commerce Code Sec. 106.001. DEFINITIONS. In this chapter:

  2. Tex. Business & Commerce Code Sec. 106.002. APPLICABILITY OF CHAPTER. This chapter does not apply to an Internet service provider serving as an intermediary for the transmission of electronic messages between members of an online dating service provider.

  3. Tex. Business & Commerce Code Sec. 106.003. CONDUCT OF CRIMINAL BACKGROUND CHECK.

  4. Tex. Business & Commerce Code Sec. 106.004. DISCLOSURE BY PROVIDER THAT DOES NOT CONDUCT CRIMINAL BACKGROUND CHECK.

  5. Tex. Business & Commerce Code Sec. 106.005. DISCLOSURES BY PROVIDER THAT CONDUCTS CRIMINAL BACKGROUND CHECKS.

  6. Tex. Business & Commerce Code Sec. 106.006. SAFETY AWARENESS DISCLOSURE BY ALL PROVIDERS. An online dating service provider that offers services to residents of this state shall clearly and conspicuously provide a safety awareness notification on the provider's Internet website that includes a list and description of safety measures reasonably designed to increase awareness of safer online dating practices. Examples of the safety awareness notification include the following statements or substantially similar statements:

  7. Tex. Business & Commerce Code Sec. 106.007. CIVIL PENALTY; INJUNCTION.

  8. Tex. Business & Commerce Code Sec. 106.008. NO PRIVATE RIGHT OF ACTION. This chapter does not create a private right of action.

Chapter 107

  1. Tex. Business & Commerce Code Sec. 107.001. DEFINITIONS. In this chapter:

  2. Tex. Business & Commerce Code Sec. 107.002. APPLICABILITY OF CHAPTER. This chapter does not apply to a pay-to-park or valet parking service:

  3. Tex. Business & Commerce Code Sec. 107.003. REQUIREMENT OF CONTACT INFORMATION.

  4. Tex. Business & Commerce Code Sec. 107.004. CIVIL PENALTY. A pay-to-park or valet parking service that violates this chapter is subject to a civil penalty not to exceed $200 for each violation.

  5. Tex. Business & Commerce Code Sec. 107.005. SUIT FOR CIVIL PENALTY. The attorney general or a county or district attorney may bring an action to recover a civil penalty imposed under Section 107.004.

Chapter 108

  1. Tex. Business & Commerce Code Sec. 108.001. DEFINITIONS. In this chapter:

  2. Tex. Business & Commerce Code Sec. 108.002. CERTAIN CHARGES OR SECURITY DEPOSITS PROHIBITED. A commercial lodging establishment or restaurant may not require the payment of an extra fee or charge or a security deposit for a service canine that accompanies an individual to the establishment or restaurant if:

  3. Tex. Business & Commerce Code Sec. 108.003. LIABILITY FOR PROPERTY DAMAGES.

  4. Tex. Business & Commerce Code Sec. 108.004. CIVIL PENALTY. The owner or operator of a commercial lodging establishment or restaurant that violates Section 108.002 is liable for a civil penalty in an amount not to exceed $200 for each violation.

Chapter 109

  1. Tex. Business & Commerce Code Sec. 109.001. DEFINITIONS. In this chapter:

  2. Tex. Business & Commerce Code Sec. 109.002. APPLICABILITY OF CHAPTER.

  3. Tex. Business & Commerce Code Sec. 109.003. DUTY TO PUBLISH COMPLETE AND ACCURATE CRIMINAL RECORD INFORMATION.

  4. Tex. Business & Commerce Code Sec. 109.004. DISPUTING COMPLETENESS OR ACCURACY OF INFORMATION.

  5. Tex. Business & Commerce Code Sec. 109.0045. PUBLICATION OF CONFIDENTIAL JUVENILE RECORD INFORMATION OR CONFIDENTIAL CRIMINAL RECORD INFORMATION OF A CHILD PROHIBITED.

  6. Tex. Business & Commerce Code Sec. 109.005. PUBLICATION OF CERTAIN CRIMINAL RECORD INFORMATION PROHIBITED; CIVIL LIABILITY.

  7. Tex. Business & Commerce Code Sec. 109.006. CIVIL PENALTY; INJUNCTION.

  8. Tex. Business & Commerce Code Sec. 109.007. VENUE. An action under this chapter must be brought in a district court:

  9. Tex. Business & Commerce Code Sec. 109.008. CUMULATIVE REMEDIES. The actions and remedies provided by this chapter are not exclusive and are in addition to any other action or remedy provided by law.

Chapter 110

  1. Tex. Business & Commerce Code Sec. 110.001. DEFINITIONS. In this chapter:

  2. Tex. Business & Commerce Code Sec. 110.002. REPORTING OF IMAGES OF CHILD PORNOGRAPHY.

  3. Tex. Business & Commerce Code Sec. 110.003. CRIMINAL PENALTY.

Chapter 111

  1. Tex. Business & Commerce Code Sec. 111.001. DEFINITIONS. In this chapter:

  2. Tex. Business & Commerce Code Sec. 111.002. CHARGES AND FEES FOR CERTAIN PAYMENTS AT PRIVATE SCHOOLS.

Chapter 112

  1. Tex. Business & Commerce Code Sec. 112.001. SHORT TITLE. This chapter may be cited as the Facilitating Business Rapid Response to State Declared Disasters Act.

  2. Tex. Business & Commerce Code Sec. 112.002. LEGISLATIVE FINDINGS. The legislature finds that:

  3. Tex. Business & Commerce Code Sec. 112.003. DEFINITIONS. In this chapter:

  4. Tex. Business & Commerce Code Sec. 112.004. EXEMPTION OF OUT-OF-STATE BUSINESS ENTITY FROM CERTAIN OBLIGATIONS DURING DISASTER RESPONSE PERIOD. Notwithstanding any other law and except as provided by Section 112.006, an out-of-state business entity whose transaction of business in this state is limited to the performance of disaster- or emergency-related work during a disaster response period is not required to:

  5. Tex. Business & Commerce Code Sec. 112.005. EXEMPTION OF OUT-OF-STATE EMPLOYEE FROM CERTAIN OBLIGATIONS DURING DISASTER RESPONSE PERIOD. Notwithstanding any other law and except as provided by Section 112.006, an out-of-state employee whose only employment in this state is for the performance of disaster- or emergency-related work during a disaster response period is not required to:

  6. Tex. Business & Commerce Code Sec. 112.006. TRANSACTION TAXES AND FEES. An out-of-state business entity whose transaction of business in this state is limited to the performance of disaster- or emergency-related work during a disaster response period or an out-of-state employee whose only employment in this state is for the performance of disaster- or emergency-related work during a disaster response period is subject to a transaction tax or fee, including a motor fuels tax, sales or use tax, hotel occupancy tax, and the tax imposed on the rental of a motor vehicle, that is imposed in this state, unless the entity or employee is otherwise exempt from the tax or fee.

  7. Tex. Business & Commerce Code Sec. 112.007. NOTIFICATION PROCEDURES.

  8. Tex. Business & Commerce Code Sec. 112.008. OBLIGATIONS OF OUT-OF-STATE BUSINESS ENTITIES AND EMPLOYEES AFTER DISASTER RESPONSE PERIOD. An out-of-state business entity or out-of-state employee who remains in this state after a disaster response period is not entitled to any exemptions from obligations provided by this chapter.

  9. Tex. Business & Commerce Code Sec. 112.009. REGULATIONS. The secretary of state shall adopt regulations, including developing any necessary forms or processes, to implement this chapter.

Chapter 113

  1. Tex. Business & Commerce Code Sec. 113.0001. DEFINITIONS. In this chapter:

  2. Tex. Business & Commerce Code Sec. 113.0002. APPLICABILITY OF CHAPTER. This chapter applies to automobile insurance policies in this state, including policies issued by a Lloyd's plan, a reciprocal or interinsurance exchange, or a county mutual insurance company.

  3. Tex. Business & Commerce Code Sec. 113.0003. CONSTRUCTION OF CHAPTER. Nothing in this chapter may be construed to:

  4. Tex. Business & Commerce Code Sec. 113.0004. RULES. The commissioner of insurance may adopt rules necessary to implement this chapter.

  5. Tex. Business & Commerce Code Sec. 113.0051. ASSUMPTION OF LIABILITY BY PEER-TO-PEER CAR SHARING PROGRAM.

  6. Tex. Business & Commerce Code Sec. 113.0052. INSURANCE REQUIRED.

  7. Tex. Business & Commerce Code Sec. 113.0053. AUTOMOBILE INSURANCE POLICY EXCLUSIONS. An automobile insurer may exclude any coverage and the duty to defend or indemnify for any claim afforded under an owner's automobile insurance policy during a car sharing period, including an exclusion of:

  8. Tex. Business & Commerce Code Sec. 113.0054. CLAIMS RELATED TO PEER-TO-PEER CAR SHARING.

  9. Tex. Business & Commerce Code Sec. 113.0055. VICARIOUS LIABILITY. Notwithstanding any other law, a peer-to-peer car sharing program and an owner are not liable under a theory of vicarious liability in accordance with 49 U.S.C. Section 30106 or under any state or local law that imposes liability solely based on vehicle ownership.

  10. Tex. Business & Commerce Code Sec. 113.0056. CONTRIBUTION. An automobile insurer that defends or indemnifies a claim against a shared vehicle that is excluded under the terms of the insurer's policy may seek recovery against the peer-to-peer car sharing program's automobile insurer if the claim is:

  11. Tex. Business & Commerce Code Sec. 113.0057. INSURABLE INTEREST.

  12. Tex. Business & Commerce Code Sec. 113.0058. INSURANCE REQUIREMENTS.

  13. Tex. Business & Commerce Code Sec. 113.0101. REQUIRED DISCLOSURES AND NOTICE.

  14. Tex. Business & Commerce Code Sec. 113.0102. AUTHORIZATION TO DRIVE REQUIRED. A peer-to-peer car sharing program may not enter into an agreement with a driver unless the driver who will operate the shared vehicle:

  15. Tex. Business & Commerce Code Sec. 113.0103. RECORD RETENTION.

  16. Tex. Business & Commerce Code Sec. 113.0104. RESPONSIBILITY FOR CAR SHARING EQUIPMENT.

  17. Tex. Business & Commerce Code Sec. 113.0105. AUTOMOBILE SAFETY RECALL.

Chapter 114

  1. Tex. Business & Commerce Code Sec. 114.0001. DEFINITIONS. In this chapter:

  2. Tex. Business & Commerce Code Sec. 114.0002. RULES. The attorney general by rule shall:

  3. Tex. Business & Commerce Code Sec. 114.0003. EFFECT ON MUNICIPAL ORDINANCES.

  4. Tex. Business & Commerce Code Sec. 114.0051. TRAINING REQUIRED.

  5. Tex. Business & Commerce Code Sec. 114.0052. TRAINING COMPLIANCE; RECORD RETENTION.

  6. Tex. Business & Commerce Code Sec. 114.0053. SIGN REQUIRED. The operator of a commercial lodging establishment shall display at the commercial lodging establishment a sign, in the form prescribed by the attorney general, that:

  7. Tex. Business & Commerce Code Sec. 114.0054. DISCRIMINATION AND RETALIATION PROHIBITED. The operator of a commercial lodging establishment may not discipline, retaliate against, or otherwise discriminate against an employee who in good faith reports a suspected act of human trafficking to the operator, a law enforcement agency, the National Human Trafficking Resource Center, the attorney general, or any other appropriate authority.

  8. Tex. Business & Commerce Code Sec. 114.0101. ENTRY BY PEACE OFFICER. A peace officer may enter the premises of a commercial lodging establishment between the hours of 9 a.m. and 5 p.m. Monday through Friday to ensure compliance with this chapter.

  9. Tex. Business & Commerce Code Sec. 114.0102. OPPORTUNITY TO CURE. If the attorney general has reason to believe an operator of a commercial lodging establishment has violated this chapter, the attorney general shall provide written notice to the operator that:

  10. Tex. Business & Commerce Code Sec. 114.0103. CIVIL PENALTY.

  11. Tex. Business & Commerce Code Sec. 114.0104. ACTION BY ATTORNEY GENERAL.

Chapter 115

  1. Tex. Business & Commerce Code Sec. 115.001. DEFINITIONS. In this chapter:

  2. Tex. Business & Commerce Code Sec. 115.002. APPLICABILITY.

  3. Tex. Business & Commerce Code Sec. 115.003. LEASE, SALES, AND INSTALLATION DISCLOSURES. A seller or lessor who enters into a purchase, lease, or power purchase agreement with a residential or small commercial customer for the operation of a distributed renewable generation resource shall provide to the customer in writing:

  4. Tex. Business & Commerce Code Sec. 115.004. ADDITIONAL DISCLOSURES FOR LEASE AGREEMENTS. In addition to the disclosures required under Section 115.003, a lessor shall provide to a leasing residential or small commercial customer in writing:

  5. Tex. Business & Commerce Code Sec. 115.005. DISCLOSURES FOR POWER PURCHASE AGREEMENTS. A residential or small commercial customer who enters into a power purchase agreement is entitled to receive in writing:

Chapter 116

  1. Tex. Business & Commerce Code Sec. 116.0001. DEFINITIONS. In this chapter:

  2. Tex. Business & Commerce Code Sec. 116.0002. FEE FOR CERTAIN PAYMENTS BY PAPER CHECK PROHIBITED.

Chapter 117

  1. Tex. Business & Commerce Code Sec. 117.001. DEFINITIONS. In this chapter:

  2. Tex. Business & Commerce Code Sec. 117.002. PROHIBITED ACCESS TO CRITICAL INFRASTRUCTURE.

  3. Tex. Business & Commerce Code Sec. 117.003. DESIGNATION OF COUNTRY AS THREAT TO CRITICAL INFRASTRUCTURE.

  4. Tex. Business & Commerce Code Sec. 117.004. ENFORCEMENT BY PUBLIC UTILITY COMMISSION OF TEXAS.

Chapter 118

  1. Tex. Business & Commerce Code Sec. 118.0001. DEFINITIONS. In this chapter:

  2. Tex. Business & Commerce Code Sec. 118.0002. PROHIBITED ACTS. A third-party food delivery service may not:

  3. Tex. Business & Commerce Code Sec. 118.0003. REQUIREMENTS FOR SERVICE. A third-party food delivery service shall:

  4. Tex. Business & Commerce Code Sec. 118.0004. TERMS OF AGREEMENT WITH RESTAURANT.

  5. Tex. Business & Commerce Code Sec. 118.0005. PRIVATE CAUSE OF ACTION.

Chapter 119

  1. Tex. Business & Commerce Code Sec. 119.0001. POSTING OF CERTAIN INFORMATION AT COMMERCIAL BUILDING CONSTRUCTION SITE REQUIRED.

Chapter 120

  1. Tex. Business & Commerce Code Sec. 120.001. DEFINITIONS. In this chapter:

  2. Tex. Business & Commerce Code Sec. 120.002. APPLICABILITY OF CHAPTER.

  3. Tex. Business & Commerce Code Sec. 120.003. CONSTRUCTION OF CHAPTER. This chapter may not be construed to limit or expand intellectual property law.

  4. Tex. Business & Commerce Code Sec. 120.051. PUBLIC DISCLOSURES.

  5. Tex. Business & Commerce Code Sec. 120.052. ACCEPTABLE USE POLICY.

  6. Tex. Business & Commerce Code Sec. 120.053. BIANNUAL TRANSPARENCY REPORT.

  7. Tex. Business & Commerce Code Sec. 120.1001. DEFINITIONS. In this subchapter:

  8. Tex. Business & Commerce Code Sec. 120.101. COMPLAINT SYSTEM. A social media platform shall provide an easily accessible complaint system to enable a user to submit a complaint in good faith and track the status of the complaint, including a complaint regarding:

  9. Tex. Business & Commerce Code Sec. 120.1015. NOTICE OF COMPLAINT SYSTEM AND PROCEDURES.

  10. Tex. Business & Commerce Code Sec. 120.102. PROCESSING OF COMPLAINTS.

  11. Tex. Business & Commerce Code Sec. 120.1025. TREATMENT OF REPORTED CONTENT.

  12. Tex. Business & Commerce Code Sec. 120.103. REMOVAL OF CONTENT; EXCEPTIONS.

  13. Tex. Business & Commerce Code Sec. 120.104. APPEAL PROCEDURES. If a social media platform receives a user complaint on the social media platform's removal from the platform of content provided by the user that the user believes was not potentially policy-violating content, the social media platform shall, not later than the 14th day, excluding Saturdays and Sundays, after the date the platform receives the complaint:

  14. Tex. Business & Commerce Code Sec. 120.151. INJUNCTIVE RELIEF.

  15. Tex. Business & Commerce Code Sec. 120.152. DECEPTIVE TRADE PRACTICE. A violation of this chapter is a deceptive trade practice under Subchapter E, Chapter 17, and is actionable under that subchapter.

Chapter 121

  1. Tex. Business & Commerce Code Sec. 121.001. DEFINITIONS. In this chapter:

  2. Tex. Business & Commerce Code Sec. 121.002. REFERRAL AGENCIES; REQUIRED DISCLOSURE.

  3. Tex. Business & Commerce Code Sec. 121.003. REFERRAL AGENCY PROHIBITED CONDUCT. A referral agency may not:

  4. Tex. Business & Commerce Code Sec. 121.004. DUTIES. A referral agency shall:

  5. Tex. Business & Commerce Code Sec. 121.005. COMPENSATION.

  6. Tex. Business & Commerce Code Sec. 121.006. EFFECT OF LAW. This chapter does not:

Business Organizations

Chapter 1

  1. Tex. Business Organizations Code Sec. 1.001. PURPOSE. The purpose of this code is to make the law encompassed by this code more accessible and understandable by:

  2. Tex. Business Organizations Code Sec. 1.002. DEFINITIONS. In this code:

  3. Tex. Business Organizations Code Sec. 1.003. DISINTERESTED PERSON.

  4. Tex. Business Organizations Code Sec. 1.004. INDEPENDENT PERSON.

  5. Tex. Business Organizations Code Sec. 1.005. CONSPICUOUS INFORMATION. In this code, required information is conspicuous if the information is placed in a manner or displayed using a font that provides or should provide notice to a reasonable person affected by the information. Required information in a document is conspicuous if the font used for the information is capitalized, boldfaced, italicized, or underlined or is larger or of a different color than the remainder of the document.

  6. Tex. Business Organizations Code Sec. 1.006. SYNONYMOUS TERMS. To the extent not inconsistent with the provisions of the constitution, other statutes or codes, and governing documents wherein such terms may be found, and as the context requires, in this code, any other statute or code of this state, or any governing documents:

  7. Tex. Business Organizations Code Sec. 1.007. SIGNING OF DOCUMENT OR OTHER WRITING. For purposes of this code, a writing has been signed by a person when the writing includes, bears, or incorporates the person's signature. A transmission or reproduction of a writing signed by a person is considered signed by that person for purposes of this code.

  8. Tex. Business Organizations Code Sec. 1.008. SHORT TITLES.

  9. Tex. Business Organizations Code Sec. 1.009. DOLLARS AS MONETARY UNITS. Unless the context requires otherwise, a value or amount that is required by this code to be stated in monetary terms must be stated in United States dollars. Currency that is not specified is considered to be in United States dollars.

  10. Tex. Business Organizations Code Sec. 1.051. CONSTRUCTION OF CODE. Chapter 311, Government Code (Code Construction Act), applies to the construction of each provision in this code except as otherwise expressly provided by this code.

  11. Tex. Business Organizations Code Sec. 1.052. REFERENCE IN LAW TO STATUTE REVISED BY CODE. A reference in a law to a statute or a part of a statute revised by this code is considered to be a reference to the part of this code that revises that statute or part of that statute.

  12. Tex. Business Organizations Code Sec. 1.053. APPLICABILITY TO FOREIGN AND INTERSTATE AFFAIRS. This code applies to the conduct of affairs with foreign countries and the other states of the United States only to the extent permitted under the United States Constitution.

  13. Tex. Business Organizations Code Sec. 1.054. RESERVATION OF POWER. The legislature at all times has the power to amend, repeal, or modify this code and to prescribe regulations, provisions, and limitations as the legislature considers advisable. The regulations, provisions, and limitations are binding on any entity subject to this code.

  14. Tex. Business Organizations Code Sec. 1.055. DOCTRINE OF INDEPENDENT LEGAL SIGNIFICANCE. An action validly taken under a provision of this code may not be considered invalid because the action is identical or similar in substance to an action that could have been taken under another provision of this code but fails to satisfy one or more requirements prescribed by that other provision.

  15. Tex. Business Organizations Code Sec. 1.056. LAWS GOVERNING FORMATION, INTERNAL AFFAIRS, AND GOVERNANCE OF DOMESTIC ENTITY. The managerial officials of a domestic entity, in exercising their powers with respect to the domestic entity, may consider the laws and judicial decisions of other states and the practices observed by entities formed in those other states. The failure or refusal of a managerial official to consider, or to conform the exercise of the managerial official's powers to, the laws, judicial decisions, or practices of another state does not constitute or imply a breach of this code or of any duty existing under the laws of this state.

  16. Tex. Business Organizations Code Sec. 1.057. LAWS GOVERNING FORMATION, INTERNAL AFFAIRS, AND GOVERNANCE OF DOMESTIC ENTITY.

  17. Tex. Business Organizations Code Sec. 1.101. DOMESTIC FILING ENTITIES. The law of this state governs the formation and internal affairs of an entity if the entity's formation occurs when a certificate of formation filed in accordance with Chapter 4 takes effect.

  18. Tex. Business Organizations Code Sec. 1.102. FOREIGN FILING ENTITIES. If the formation of an entity occurs when a certificate of formation or similar instrument filed with a foreign governmental authority takes effect, the law of the state or other jurisdiction in which that foreign governmental authority is located governs the formation and internal affairs of the entity.

  19. Tex. Business Organizations Code Sec. 1.103. ENTITIES NOT FORMED BY FILING INSTRUMENT. If the formation of an entity does not occur when a certificate of formation or similar instrument filed with the secretary of state or with a foreign governmental authority takes effect, the law governing the entity's formation and internal affairs is the law of the entity's jurisdiction of formation.

  20. Tex. Business Organizations Code Sec. 1.104. LAW APPLICABLE TO LIABILITY. The law of the jurisdiction that governs an entity as determined under Sections 1.101-1.103 applies to the liability of an owner, a member, or a managerial official of the entity in the capacity as an owner, a member, or a managerial official for an obligation, including a debt or other liability, of the entity for which the owner, member, or managerial official is not otherwise liable by contract or under provisions of law other than this code.

  21. Tex. Business Organizations Code Sec. 1.105. INTERNAL AFFAIRS. For purposes of this code, the internal affairs of an entity include:

  22. Tex. Business Organizations Code Sec. 1.106. ORDER OF PRECEDENCE.

Chapter 2

  1. Tex. Business Organizations Code Sec. 2.001. GENERAL SCOPE OF PERMISSIBLE PURPOSES. A domestic entity has any lawful purpose or purposes, unless otherwise provided by this code.

  2. Tex. Business Organizations Code Sec. 2.002. PURPOSES OF NONPROFIT ENTITY. The purpose or purposes of a domestic nonprofit entity may include one or more of the following purposes:

  3. Tex. Business Organizations Code Sec. 2.003. GENERAL PROHIBITED PURPOSES. A domestic entity may not:

  4. Tex. Business Organizations Code Sec. 2.004. LIMITATION ON PURPOSES OF PROFESSIONAL ENTITY. Except as provided in Title 7, a professional entity may engage in only:

  5. Tex. Business Organizations Code Sec. 2.005. LIMITATION IN GOVERNING DOCUMENTS. The governing documents of a domestic entity may contain limitations on the entity's purposes.

  6. Tex. Business Organizations Code Sec. 2.007. ADDITIONAL PROHIBITED ACTIVITIES OF FOR-PROFIT CORPORATION. A for-profit corporation may not:

  7. Tex. Business Organizations Code Sec. 2.008. NONPROFIT CORPORATIONS. A corporation formed for the purpose of operating a nonprofit institution, including an institution devoted to a charitable, benevolent, religious, patriotic, civic, cultural, missionary, educational, scientific, social, fraternal, athletic, or aesthetic purpose, may be formed and governed only as a nonprofit corporation under this code and not as a for-profit corporation under this code.

  8. Tex. Business Organizations Code Sec. 2.009. PERMISSIBLE PURPOSE OF NONPROFIT CORPORATION RELATED TO ORGANIZED LABOR. Subject to Chapter 101, Labor Code, a nonprofit corporation may be formed to organize laborers, workers, or wage earners to protect themselves in their various pursuits.

  9. Tex. Business Organizations Code Sec. 2.010. PROHIBITED ACTIVITIES OF NONPROFIT CORPORATION. A nonprofit corporation may not be organized or registered under this code to conduct its affairs in this state to:

  10. Tex. Business Organizations Code Sec. 2.011. PURPOSES OF COOPERATIVE ASSOCIATION.

  11. Tex. Business Organizations Code Sec. 2.012. LIMITATION ON PURPOSES OF REAL ESTATE INVESTMENT TRUST. The purposes of a real estate investment trust are limited by Section 3.012.

  12. Tex. Business Organizations Code Sec. 2.101. GENERAL POWERS. Except as otherwise provided by this code, a domestic entity has the same powers as an individual to take action necessary or convenient to carry out its business and affairs. Except as otherwise provided by this code, the powers of a domestic entity include the power to:

  13. Tex. Business Organizations Code Sec. 2.102. ADDITIONAL POWERS OF NONPROFIT ENTITY OR INSTITUTION. To effect its purposes, a domestic nonprofit entity or institution formed for a religious, charitable, educational, or eleemosynary purpose may acquire, own, hold, mortgage, and dispose of and invest its funds in property for the use and benefit of, under the discretion of, and in trust for a convention, conference, or association organized under the laws of this state or another state with which it is affiliated or by which it is controlled.

  14. Tex. Business Organizations Code Sec. 2.103. POWER TO INCUR INDEBTEDNESS.

  15. Tex. Business Organizations Code Sec. 2.104. POWER TO MAKE GUARANTIES.

  16. Tex. Business Organizations Code Sec. 2.105. ADDITIONAL POWERS OF CERTAIN PIPELINE BUSINESSES. In addition to the powers provided by the other sections of this subchapter, a corporation, general partnership, limited partnership, limited liability company, or other combination of those entities engaged as a common carrier in the pipeline business for the purpose of transporting oil, oil products, gas, carbon dioxide, salt brine, fuller's earth, sand, clay, liquefied minerals, or other mineral solutions has all the rights and powers conferred on a common carrier by Sections 111.019-111.022, Natural Resources Code.

  17. Tex. Business Organizations Code Sec. 2.106. POWER OF NONPROFIT CORPORATION TO SERVE AS TRUSTEE.

  18. Tex. Business Organizations Code Sec. 2.107. STANDARD TAX PROVISIONS FOR CERTAIN CHARITABLE NONPROFIT CORPORATIONS; POWER TO EXCLUDE.

  19. Tex. Business Organizations Code Sec. 2.108. POWERS OF PROFESSIONAL ASSOCIATION. Except as provided by Title 7, a professional association has the same powers, privileges, duties, restrictions, and liabilities as a for-profit corporation.

  20. Tex. Business Organizations Code Sec. 2.109. POWERS OF PROFESSIONAL CORPORATION. Except as provided by Title 7, a professional corporation has the same powers, privileges, duties, restrictions, and liabilities as a for-profit corporation.

  21. Tex. Business Organizations Code Sec. 2.110. POWERS OF COOPERATIVE ASSOCIATION.

  22. Tex. Business Organizations Code Sec. 2.111. LIMITATION ON POWERS OF COOPERATIVE ASSOCIATION. Except for the payment of necessary legal fees or promotion expenses, a cooperative association may not directly or indirectly use its funds, issue shares, or incur indebtedness for the payment of compensation for the organization of the cooperative association in excess of five percent of the amount paid for the shares or membership certificates involved in the promotion transaction.

  23. Tex. Business Organizations Code Sec. 2.112. STATED POWERS IN SUBCHAPTER SUFFICIENT. A domestic entity is not required to state any of the powers provided to the entity by this subchapter in its governing documents.

  24. Tex. Business Organizations Code Sec. 2.113. LIMITATION ON POWERS.

  25. Tex. Business Organizations Code Sec. 2.114. CERTIFICATED INDEBTEDNESS; MANNER OF ISSUANCE; SIGNATURE AND SEAL.

  26. Tex. Business Organizations Code Sec. 2.115. CHOICE OF FORUM PROVISIONS.

  27. Tex. Business Organizations Code Sec. 2.116. WAIVER OF TRIAL BY JURY.

Chapter 3

  1. Tex. Business Organizations Code Sec. 3.001. FORMATION AND EXISTENCE OF FILING ENTITIES.

  2. Tex. Business Organizations Code Sec. 3.002. FORMATION AND EXISTENCE OF NONFILING ENTITIES. The requirements for the formation of and the determination of the existence of a nonfiling entity are governed by the title of this code that applies to that entity.

  3. Tex. Business Organizations Code Sec. 3.003. DURATION. A domestic entity exists perpetually unless otherwise provided in the governing documents of the entity. A domestic entity may be terminated in accordance with this code or the Tax Code.

  4. Tex. Business Organizations Code Sec. 3.004. ORGANIZERS.

  5. Tex. Business Organizations Code Sec. 3.005. CERTIFICATE OF FORMATION.

  6. Tex. Business Organizations Code Sec. 3.006. FILINGS IN CASE OF MERGER OR CONVERSION.

  7. Tex. Business Organizations Code Sec. 3.007. SUPPLEMENTAL PROVISIONS REQUIRED IN CERTIFICATE OF FORMATION OF FOR-PROFIT OR PROFESSIONAL CORPORATION.

  8. Tex. Business Organizations Code Sec. 3.008. SUPPLEMENTAL PROVISIONS REQUIRED IN CERTIFICATE OF FORMATION OF CLOSE CORPORATION.

  9. Tex. Business Organizations Code Sec. 3.009. SUPPLEMENTAL PROVISIONS REQUIRED IN CERTIFICATE OF FORMATION OF NONPROFIT CORPORATION. In addition to the information required by Section 3.005, the certificate of formation of a nonprofit corporation must include:

  10. Tex. Business Organizations Code Sec. 3.010. SUPPLEMENTAL PROVISIONS REQUIRED IN CERTIFICATE OF FORMATION OF LIMITED LIABILITY COMPANY. In addition to the information required by Section 3.005, the certificate of formation of a limited liability company must state:

  11. Tex. Business Organizations Code Sec. 3.011. SUPPLEMENTAL PROVISIONS REGARDING CERTIFICATE OF FORMATION OF LIMITED PARTNERSHIP.

  12. Tex. Business Organizations Code Sec. 3.012. SUPPLEMENTAL PROVISIONS REQUIRED IN CERTIFICATE OF FORMATION OF REAL ESTATE INVESTMENT TRUST. In addition to the information required by Section 3.005, the certificate of formation of a real estate investment trust must state:

  13. Tex. Business Organizations Code Sec. 3.013. SUPPLEMENTAL PROVISIONS REQUIRED IN CERTIFICATE OF FORMATION OF COOPERATIVE ASSOCIATION. In addition to the information required by Section 3.005, the certificate of formation of a cooperative association must state:

  14. Tex. Business Organizations Code Sec. 3.014. SUPPLEMENTAL PROVISIONS REQUIRED IN CERTIFICATE OF FORMATION OF PROFESSIONAL ENTITY. In addition to the information required by Section 3.005, the certificate of formation of a professional entity must state:

  15. Tex. Business Organizations Code Sec. 3.015. SUPPLEMENTAL PROVISIONS REQUIRED IN CERTIFICATE OF FORMATION OF PROFESSIONAL ASSOCIATION.

  16. Tex. Business Organizations Code Sec. 3.051. RIGHT TO AMEND CERTIFICATE OF FORMATION.

  17. Tex. Business Organizations Code Sec. 3.052. PROCEDURES TO AMEND CERTIFICATE OF FORMATION.

  18. Tex. Business Organizations Code Sec. 3.053. CERTIFICATE OF AMENDMENT. A certificate of amendment for a filing entity must state:

  19. Tex. Business Organizations Code Sec. 3.054. EXECUTION OF CERTIFICATE OF AMENDMENT OF FOR-PROFIT CORPORATION. Except as provided by Title 2 or this section, an officer shall sign the certificate of amendment on behalf of the for-profit corporation. If shares of the for-profit corporation have not been issued and the certificate of amendment is adopted by the board of directors, one or more of the directors may sign the certificate of amendment on behalf of the for-profit corporation.

  20. Tex. Business Organizations Code Sec. 3.055. SUPPLEMENTAL PROVISIONS FOR CERTIFICATE OF AMENDMENT OF REAL ESTATE INVESTMENT TRUST.

  21. Tex. Business Organizations Code Sec. 3.056. EFFECT OF FILING OF CERTIFICATE OF AMENDMENT.

  22. Tex. Business Organizations Code Sec. 3.057. RIGHT TO RESTATE CERTIFICATE OF FORMATION.

  23. Tex. Business Organizations Code Sec. 3.058. PROCEDURES TO RESTATE CERTIFICATE OF FORMATION.

  24. Tex. Business Organizations Code Sec. 3.059. RESTATED CERTIFICATE OF FORMATION.

  25. Tex. Business Organizations Code Sec. 3.060. SUPPLEMENTAL PROVISIONS FOR RESTATED CERTIFICATE OF FORMATION FOR FOR-PROFIT CORPORATION OR PROFESSIONAL CORPORATION.

  26. Tex. Business Organizations Code Sec. 3.061. SUPPLEMENTAL PROVISIONS FOR RESTATED CERTIFICATE OF FORMATION FOR NONPROFIT CORPORATION.

  27. Tex. Business Organizations Code Sec. 3.0611. SUPPLEMENTAL PROVISIONS FOR RESTATED CERTIFICATE OF FORMATION FOR LIMITED LIABILITY COMPANY.

  28. Tex. Business Organizations Code Sec. 3.062. SUPPLEMENTAL PROVISIONS FOR RESTATED CERTIFICATE OF FORMATION FOR REAL ESTATE INVESTMENT TRUST.

  29. Tex. Business Organizations Code Sec. 3.063. EFFECT OF FILING OF RESTATED CERTIFICATE OF FORMATION.

  30. Tex. Business Organizations Code Sec. 3.101. GOVERNING AUTHORITY. Subject to the title of this code that governs the domestic entity and the governing documents of the domestic entity, the governing authority of a domestic entity manages and directs the business and affairs of the domestic entity.

  31. Tex. Business Organizations Code Sec. 3.102. RIGHTS OF GOVERNING PERSONS IN CERTAIN CASES.

  32. Tex. Business Organizations Code Sec. 3.103. OFFICERS.

  33. Tex. Business Organizations Code Sec. 3.104. REMOVAL OF OFFICERS.

  34. Tex. Business Organizations Code Sec. 3.105. RIGHTS OF OFFICERS IN CERTAIN CASES.

  35. Tex. Business Organizations Code Sec. 3.106. AUTHORIZATION OF PLANS, AGREEMENTS, INSTRUMENTS, AND OTHER DOCUMENTS.

  36. Tex. Business Organizations Code Sec. 3.151. BOOKS AND RECORDS FOR ALL FILING ENTITIES.

  37. Tex. Business Organizations Code Sec. 3.152. GOVERNING PERSON'S RIGHT OF INSPECTION.

  38. Tex. Business Organizations Code Sec. 3.153. RIGHT OF EXAMINATION BY OWNER OR MEMBER. Each owner or member of a filing entity may examine the books and records of the filing entity maintained under Section 3.151 and other books and records of the filing entity to the extent provided by the governing documents of the entity and the title of this code governing the filing entity.

  39. Tex. Business Organizations Code Sec. 3.201. CERTIFICATED OR UNCERTIFICATED OWNERSHIP INTEREST; APPLICABILITY.

  40. Tex. Business Organizations Code Sec. 3.202. FORM AND VALIDITY OF CERTIFICATES; ENFORCEMENT OF ENTITY'S RIGHTS.

  41. Tex. Business Organizations Code Sec. 3.203. SIGNATURE REQUIREMENT.

  42. Tex. Business Organizations Code Sec. 3.204. DELIVERY REQUIREMENT. A domestic entity shall deliver a certificate representing a certificated ownership interest to which the owner is entitled.

  43. Tex. Business Organizations Code Sec. 3.205. NOTICE FOR UNCERTIFICATED OWNERSHIP INTEREST.

  44. Tex. Business Organizations Code Sec. 3.251. DEFINITIONS. In this subchapter:

  45. Tex. Business Organizations Code Sec. 3.252. PROVISIONS IN GOVERNING DOCUMENTS.

  46. Tex. Business Organizations Code Sec. 3.2535. ACTIONS DURING EMERGENCY PERIOD.

  47. Tex. Business Organizations Code Sec. 3.255. EFFECT OF EMERGENCY ACTION. An emergency action taken by the governing persons of a domestic entity in accordance with the entity's governing documents or Section 3.2535, if taken in good faith and based on the reasonable belief that the emergency action was in the entity's best interest:

Chapter 4

  1. Tex. Business Organizations Code Sec. 4.001. SIGNATURE AND DELIVERY.

  2. Tex. Business Organizations Code Sec. 4.002. ACTION BY SECRETARY OF STATE.

  3. Tex. Business Organizations Code Sec. 4.003. FILING OR ISSUANCE OF REPRODUCTION OR FACSIMILE.

  4. Tex. Business Organizations Code Sec. 4.004. TIME FOR FILING. Unless this code prescribes a specific period for filing, an entity shall promptly file each filing instrument that this code requires the entity to file.

  5. Tex. Business Organizations Code Sec. 4.005. CERTIFICATES AND CERTIFIED COPIES.

  6. Tex. Business Organizations Code Sec. 4.006. FORMS ADOPTED BY SECRETARY OF STATE.

  7. Tex. Business Organizations Code Sec. 4.007. LIABILITY FOR FALSE FILING INSTRUMENTS.

  8. Tex. Business Organizations Code Sec. 4.008. OFFENSE; PENALTY.

  9. Tex. Business Organizations Code Sec. 4.009. FILINGS BY REAL ESTATE INVESTMENT TRUST.

  10. Tex. Business Organizations Code Sec. 4.051. GENERAL RULE. A filing instrument submitted to the secretary of state takes effect on filing, except as permitted by Section 4.052 or as provided by the provisions of this code that apply to the entity making the filing or other law.

  11. Tex. Business Organizations Code Sec. 4.052. DELAYED EFFECTIVENESS OF CERTAIN FILINGS.

  12. Tex. Business Organizations Code Sec. 4.053. CONDITIONS FOR DELAYED EFFECTIVENESS.

  13. Tex. Business Organizations Code Sec. 4.054. DELAYED EFFECTIVENESS ON FUTURE EVENT OR FACT. A filing instrument that is to take effect on or after the occurrence of a future event or fact in accordance with Section 4.053(a)(2) and for which the statement required by Section 4.055 is filed within the prescribed time takes effect on:

  14. Tex. Business Organizations Code Sec. 4.055. STATEMENT OF EVENT OR FACT. An entity that files a filing instrument that takes effect on or after the occurrence of a future event or fact in accordance with Section 4.053(a)(2) must sign and file as provided by Subchapter A, not later than the 90th day after the date the filing instrument is filed, a statement that:

  15. Tex. Business Organizations Code Sec. 4.056. FAILURE TO FILE STATEMENT.

  16. Tex. Business Organizations Code Sec. 4.057. ABANDONMENT BEFORE EFFECTIVENESS.

  17. Tex. Business Organizations Code Sec. 4.058. DELAYED EFFECTIVENESS NOT PERMITTED. The effect of the following filing instruments may not be delayed:

  18. Tex. Business Organizations Code Sec. 4.059. ACKNOWLEDGMENT OF FILING WITH DELAYED EFFECTIVENESS.

  19. Tex. Business Organizations Code Sec. 4.101. CORRECTION OF FILINGS.

  20. Tex. Business Organizations Code Sec. 4.102. LIMITATION ON CORRECTION OF FILINGS. A filing instrument may be corrected to contain only those statements that this code authorizes or requires to be included in the original instrument. A certificate of correction may not alter, add, or delete a statement that by its alteration, addition, or deletion would have caused the secretary of state to determine the filing instrument did not conform to this code at the time of filing.

  21. Tex. Business Organizations Code Sec. 4.103. CERTIFICATE OF CORRECTION. The certificate of correction must:

  22. Tex. Business Organizations Code Sec. 4.104. FILING CERTIFICATE OF CORRECTION. The certificate of correction shall be filed with and acted on by the secretary of state as provided by Subchapter A. On filing, the secretary of state shall deliver to the entity or its representative an acknowledgment of the filing.

  23. Tex. Business Organizations Code Sec. 4.105. EFFECT OF CERTIFICATE OF CORRECTION.

  24. Tex. Business Organizations Code Sec. 4.106. AMENDMENT OF FILINGS. A filing instrument that an entity files with the secretary of state may be amended or supplemented to the extent permitted by the provisions of this code that apply to that entity.

  25. Tex. Business Organizations Code Sec. 4.151. FILING FEES: ALL ENTITIES. The secretary of state shall impose the following fees:

  26. Tex. Business Organizations Code Sec. 4.152. FILING FEES: FOR-PROFIT CORPORATIONS. For a filing by or for a for-profit corporation, the secretary of state shall impose the following fees:

  27. Tex. Business Organizations Code Sec. 4.153. FILING FEES: NONPROFIT CORPORATIONS. For a filing by or for a nonprofit corporation, the secretary of state shall impose the following fees:

  28. Tex. Business Organizations Code Sec. 4.154. FILING FEES: LIMITED LIABILITY COMPANIES. For a filing by or for a limited liability company, the secretary of state shall impose the same fee as the filing fee for a similar instrument under Section 4.152.

  29. Tex. Business Organizations Code Sec. 4.155. FILING FEES: LIMITED PARTNERSHIPS. For a filing by or for a limited partnership, the secretary of state shall impose the following fees:

  30. Tex. Business Organizations Code Sec. 4.156. FILING FEES: PROFESSIONAL ASSOCIATIONS. For a filing by or for a professional association, the secretary of state shall impose the following fees:

  31. Tex. Business Organizations Code Sec. 4.157. FILING FEES: PROFESSIONAL CORPORATIONS. For a filing by or for a professional corporation, the secretary of state shall impose the same fee as the filing fee for a similar instrument under Section 4.152.

  32. Tex. Business Organizations Code Sec. 4.158. FILING FEES: GENERAL PARTNERSHIPS. For a filing by or for a general partnership, the secretary of state shall impose the following fees:

  33. Tex. Business Organizations Code Sec. 4.159. FILING FEES: NONPROFIT ASSOCIATIONS. For a filing by or for a nonprofit association, the secretary of state shall impose the following fees:

  34. Tex. Business Organizations Code Sec. 4.160. FILING FEES: FOREIGN FILING ENTITIES. For a filing by or for a foreign filing entity when no other fee has been provided, the secretary of state shall impose the same fee as the filing fee for a similar instrument under Section 4.151 or 4.152.

  35. Tex. Business Organizations Code Sec. 4.161. FILING FEES: COOPERATIVE ASSOCIATIONS. For a filing by or for a cooperative association, the secretary of state shall impose the same fee as the filing fee for a similar instrument under Section 4.153.

  36. Tex. Business Organizations Code Sec. 4.162. FILING FEES: REGISTERED SERIES OF LIMITED LIABILITY COMPANY.

Chapter 5

  1. Tex. Business Organizations Code Sec. 5.001. EFFECT ON RIGHTS UNDER OTHER LAW.

  2. Tex. Business Organizations Code Sec. 5.002. EVIDENCE OF ESTABLISHED RIGHT TO INDISTINGUISHABLE NAME. Notwithstanding Sections 5.053, 5.102, and 5.153, the secretary of state may accept a name if the entity or person seeking acceptance of the filing instrument with the indistinguishable name delivers to the secretary of state a certified copy of the final judgment of a court of competent jurisdiction that establishes the entity's or person's right to the name in this state.

  3. Tex. Business Organizations Code Sec. 5.051. ASSUMED NAME. A domestic entity, a protected series or registered series of a domestic limited liability company, or a foreign entity having authority to transact business in this state may transact business under an assumed name on compliance with Chapter 71, Business & Commerce Code. The requirements of this subchapter do not apply to an assumed name set forth in an assumed name certificate filed under that chapter.

  4. Tex. Business Organizations Code Sec. 5.052. UNAUTHORIZED PURPOSE IN NAME PROHIBITED.

  5. Tex. Business Organizations Code Sec. 5.053. DISTINGUISHABLE NAMES REQUIRED.

  6. Tex. Business Organizations Code Sec. 5.054. NAME OF CORPORATION, FOREIGN CORPORATION, PROFESSIONAL CORPORATION, OR FOREIGN PROFESSIONAL CORPORATION.

  7. Tex. Business Organizations Code Sec. 5.055. NAME OF LIMITED PARTNERSHIP OR FOREIGN LIMITED PARTNERSHIP.

  8. Tex. Business Organizations Code Sec. 5.056. NAME OF LIMITED LIABILITY COMPANY OR FOREIGN LIMITED LIABILITY COMPANY.

  9. Tex. Business Organizations Code Sec. 5.0561. NAME OF REGISTERED SERIES OF LIMITED LIABILITY COMPANY. The name of a registered series of a limited liability company must contain:

  10. Tex. Business Organizations Code Sec. 5.057. NAME OF COOPERATIVE ASSOCIATION OR FOREIGN COOPERATIVE ASSOCIATION.

  11. Tex. Business Organizations Code Sec. 5.058. NAME OF PROFESSIONAL ASSOCIATION OR FOREIGN PROFESSIONAL ASSOCIATION. The name of a professional association or foreign professional association must contain:

  12. Tex. Business Organizations Code Sec. 5.059. NAME OF PROFESSIONAL LIMITED LIABILITY COMPANY OR FOREIGN PROFESSIONAL LIMITED LIABILITY COMPANY.

  13. Tex. Business Organizations Code Sec. 5.060. NAME OF PROFESSIONAL ENTITY OR FOREIGN PROFESSIONAL ENTITY; CONFLICTS WITH OTHER LAW OR ETHICAL RULE. The name of a professional entity or foreign professional entity must not be contrary to a statute or regulation of this state that governs a person who provides a professional service through the professional entity or foreign professional entity, including a rule of professional ethics.

  14. Tex. Business Organizations Code Sec. 5.061. NAME CONTAINING "LOTTO" OR "LOTTERY" PROHIBITED. A filing entity, a foreign filing entity, or a registered series of a domestic limited liability company may not have a name that contains the word "lotto" or "lottery."

  15. Tex. Business Organizations Code Sec. 5.062. VETERANS ORGANIZATIONS; UNAUTHORIZED USE OF NAME.

  16. Tex. Business Organizations Code Sec. 5.063. NAME OF LIMITED LIABILITY PARTNERSHIP.

  17. Tex. Business Organizations Code Sec. 5.064. NAME FALSELY IMPLYING GOVERNMENTAL AFFILIATION PROHIBITED.

  18. Tex. Business Organizations Code Sec. 5.065. FALSE IMPLICATION OF GOVERNMENTAL AFFILIATION; AUTHORITY OF SECRETARY OF STATE AND ATTORNEY GENERAL.

  19. Tex. Business Organizations Code Sec. 5.101. APPLICATION FOR RESERVATION OF NAME.

  20. Tex. Business Organizations Code Sec. 5.102. LIMITATION ON THE RESERVATION OF CERTAIN NAMES.

  21. Tex. Business Organizations Code Sec. 5.103. ACTION ON APPLICATION. If the secretary of state determines that the name specified in the application is eligible for reservation, the secretary shall reserve that name for the exclusive use of the applicant.

  22. Tex. Business Organizations Code Sec. 5.104. DURATION OF RESERVATION OF NAME. The secretary of state shall reserve the name for the applicant until the earlier of:

  23. Tex. Business Organizations Code Sec. 5.1041. PROHIBITION ON FEE FOR WITHDRAWAL OF RESERVATION OF NAME. The secretary of state may not impose a fee for the filing of a written notice of withdrawal of a reservation of name.

  24. Tex. Business Organizations Code Sec. 5.105. RENEWAL OF RESERVATION. A person may renew the person's reservation of a name under this subchapter for successive 120-day periods if, during the 30-day period preceding the expiration of that reservation, the person:

  25. Tex. Business Organizations Code Sec. 5.106. TRANSFER OF RESERVATION OF NAME.

  26. Tex. Business Organizations Code Sec. 5.151. APPLICATION BY CERTAIN ENTITIES FOR REGISTRATION OF NAME. An organization that is authorized to do business in this state as a bank, trust company, savings association, or insurance company, or that is a foreign filing entity not registered to do business in this state under this code, may apply to register its name under this subchapter.

  27. Tex. Business Organizations Code Sec. 5.152. APPLICATION FOR REGISTRATION OF NAME.

  28. Tex. Business Organizations Code Sec. 5.153. LIMITATION ON THE REGISTRATION OF CERTAIN NAMES.

  29. Tex. Business Organizations Code Sec. 5.154. DURATION OF REGISTRATION OF NAME. The registration of a name under this subchapter is effective until the earlier of:

  30. Tex. Business Organizations Code Sec. 5.155. RENEWAL OF REGISTRATION. A person may renew the person's registration of a name under this subchapter for successive one-year periods if, during the 90-day period preceding the expiration of that registration, the person:

  31. Tex. Business Organizations Code Sec. 5.200. DEFINITIONS. In this subchapter:

  32. Tex. Business Organizations Code Sec. 5.201. DESIGNATION AND MAINTENANCE OF REGISTERED AGENT AND REGISTERED OFFICE.

  33. Tex. Business Organizations Code Sec. 5.2011. CONSENT TO SERVE AS REGISTERED AGENT.

  34. Tex. Business Organizations Code Sec. 5.202. CHANGE BY ENTITY TO REGISTERED OFFICE OR REGISTERED AGENT.

  35. Tex. Business Organizations Code Sec. 5.203. CHANGE BY REGISTERED AGENT TO NAME OR ADDRESS OF REGISTERED OFFICE.

  36. Tex. Business Organizations Code Sec. 5.204. RESIGNATION OF REGISTERED AGENT.

  37. Tex. Business Organizations Code Sec. 5.205. REJECTION OF APPOINTMENT.

  38. Tex. Business Organizations Code Sec. 5.206. DUTIES OF REGISTERED AGENT.

  39. Tex. Business Organizations Code Sec. 5.207. DESIGNATION OF REGISTERED AGENT WITHOUT CONSENT; PENALTIES AND LIABILITIES. Sections 4.007 and 4.008 apply with respect to a false statement in a registered agent filing that names a person the registered agent of a represented entity without the person's consent.

  40. Tex. Business Organizations Code Sec. 5.208. IMMUNITY FROM LIABILITY.

  41. Tex. Business Organizations Code Sec. 5.251. FAILURE TO DESIGNATE REGISTERED AGENT. The secretary of state is an agent of an entity for purposes of service of process, notice, or demand on the entity if:

  42. Tex. Business Organizations Code Sec. 5.252. SERVICE ON SECRETARY OF STATE.

  43. Tex. Business Organizations Code Sec. 5.253. ACTION BY SECRETARY OF STATE.

  44. Tex. Business Organizations Code Sec. 5.254. REQUIRED RECORDS OF SECRETARY OF STATE. The secretary of state shall keep a record of each process, notice, or demand served on the secretary under this subchapter and shall record:

  45. Tex. Business Organizations Code Sec. 5.255. AGENT FOR SERVICE OF PROCESS, NOTICE, OR DEMAND AS MATTER OF LAW. For the purpose of service of process, notice, or demand:

  46. Tex. Business Organizations Code Sec. 5.256. OTHER MEANS OF SERVICE NOT PRECLUDED. This chapter does not preclude other means of service of process, notice, or demand on a domestic or foreign entity as provided by other law.

  47. Tex. Business Organizations Code Sec. 5.257. SERVICE OF PROCESS BY POLITICAL SUBDIVISION.

  48. Tex. Business Organizations Code Sec. 5.301. APPLICABILITY OF SUBCHAPTER.

  49. Tex. Business Organizations Code Sec. 5.302. AGENT FOR SERIES.

  50. Tex. Business Organizations Code Sec. 5.303. DUTIES OF REGISTERED AGENT.

  51. Tex. Business Organizations Code Sec. 5.304. SERVICE ON SECRETARY OF STATE.

  52. Tex. Business Organizations Code Sec. 5.305. SERVICE ON GOVERNING PERSONS.

  53. Tex. Business Organizations Code Sec. 5.306. SERVICE OF PROCESS BY POLITICAL SUBDIVISION.

Chapter 6

  1. Tex. Business Organizations Code Sec. 6.001. LOCATION OF MEETINGS.

  2. Tex. Business Organizations Code Sec. 6.002. ALTERNATIVE FORMS OF MEETINGS.

  3. Tex. Business Organizations Code Sec. 6.003. PARTICIPATION CONSTITUTES PRESENCE. A person participating in a meeting is considered present at the meeting, unless the participation is for the express purpose of objecting to the transaction of business at the meeting on the ground that the meeting has not been lawfully called or convened.

  4. Tex. Business Organizations Code Sec. 6.051. GENERAL NOTICE REQUIREMENTS.

  5. Tex. Business Organizations Code Sec. 6.052. WAIVER OF NOTICE.

  6. Tex. Business Organizations Code Sec. 6.053. EXCEPTION.

  7. Tex. Business Organizations Code Sec. 6.101. RECORD DATE FOR PURPOSE OTHER THAN WRITTEN CONSENT TO ACTION.

  8. Tex. Business Organizations Code Sec. 6.102. RECORD DATE FOR WRITTEN CONSENT TO ACTION.

  9. Tex. Business Organizations Code Sec. 6.103. RECORD DATE FOR SUSPENDED DISTRIBUTIONS.

  10. Tex. Business Organizations Code Sec. 6.151. MANNER OF VOTING OF INTERESTS. Subject to the title governing the domestic entity, voting of interests of a domestic entity must be conducted in the manner provided by the governing documents of the entity.

  11. Tex. Business Organizations Code Sec. 6.152. VOTING OF INTERESTS OWNED BY ENTITY.

  12. Tex. Business Organizations Code Sec. 6.153. VOTING OF INTERESTS OWNED BY ANOTHER ENTITY. An ownership interest in a domestic entity owned by another entity, whether a domestic or foreign entity, may be voted by the officer, agent, or proxy as authorized by:

  13. Tex. Business Organizations Code Sec. 6.154. VOTING OF INTERESTS IN AN ESTATE OR TRUST.

  14. Tex. Business Organizations Code Sec. 6.155. VOTING OF INTERESTS BY RECEIVER.

  15. Tex. Business Organizations Code Sec. 6.156. VOTING OF PLEDGED INTERESTS. A pledged ownership interest may be voted by:

  16. Tex. Business Organizations Code Sec. 6.157. VOTING OF JOINTLY HELD OWNERSHIP INTERESTS.

  17. Tex. Business Organizations Code Sec. 6.201. UNANIMOUS WRITTEN CONSENT TO ACTION.

  18. Tex. Business Organizations Code Sec. 6.202. ACTION BY LESS THAN UNANIMOUS WRITTEN CONSENT.

  19. Tex. Business Organizations Code Sec. 6.203. DELIVERY OF LESS THAN UNANIMOUS WRITTEN CONSENT.

  20. Tex. Business Organizations Code Sec. 6.204. ADVANCE NOTICE NOT REQUIRED. Any advance notice required by this code for an action to be taken at a meeting is not required to be given to take the action by written consent as provided by this subchapter.

  21. Tex. Business Organizations Code Sec. 6.205. REPRODUCTION OR ELECTRONIC TRANSMISSION OF CONSENT.

  22. Tex. Business Organizations Code Sec. 6.251. VOTING TRUSTS.

  23. Tex. Business Organizations Code Sec. 6.252. VOTING AGREEMENTS.

  24. Tex. Business Organizations Code Sec. 6.301. APPLICABILITY OF CHAPTER TO PARTNERSHIPS. This chapter does not apply to a general partnership or a limited partnership except to the extent its governing documents specify.

  25. Tex. Business Organizations Code Sec. 6.302. APPLICABILITY OF SUBCHAPTERS C AND D TO LIMITED LIABILITY COMPANIES. Subchapters C and D do not apply to a limited liability company except to the extent its governing documents specify.

Chapter 7

  1. Tex. Business Organizations Code Sec. 7.001. LIMITATION OF LIABILITY OF MANAGERIAL OFFICIAL.

Chapter 8

  1. Tex. Business Organizations Code Sec. 8.001. DEFINITIONS. In this chapter:

  2. Tex. Business Organizations Code Sec. 8.002. APPLICATION OF CHAPTER.

  3. Tex. Business Organizations Code Sec. 8.003. LIMITATIONS IN GOVERNING DOCUMENTS. A governing document of an enterprise may restrict the circumstances under which the enterprise must or may indemnify or may advance expenses to a person under this chapter.

  4. Tex. Business Organizations Code Sec. 8.004. LIMITATIONS IN CHAPTER. Except as provided in Section 8.151, a provision for an enterprise to indemnify or advance expenses to a governing person is valid only to the extent it is consistent with this chapter.

  5. Tex. Business Organizations Code Sec. 8.005. INDEMNIFICATION AGAINST NEGLIGENCE.

  6. Tex. Business Organizations Code Sec. 8.051. MANDATORY INDEMNIFICATION.

  7. Tex. Business Organizations Code Sec. 8.052. COURT-ORDERED INDEMNIFICATION.

  8. Tex. Business Organizations Code Sec. 8.101. PERMISSIVE INDEMNIFICATION.

  9. Tex. Business Organizations Code Sec. 8.102. GENERAL SCOPE OF PERMISSIVE INDEMNIFICATION.

  10. Tex. Business Organizations Code Sec. 8.103. MANNER FOR DETERMINING PERMISSIVE INDEMNIFICATION.

  11. Tex. Business Organizations Code Sec. 8.104. ADVANCEMENT OF EXPENSES TO PRESENT GOVERNING PERSONS OR DELEGATES.

  12. Tex. Business Organizations Code Sec. 8.105. INDEMNIFICATION OF AND ADVANCEMENT OF EXPENSES TO PERSONS OTHER THAN GOVERNING PERSONS.

  13. Tex. Business Organizations Code Sec. 8.106. PERMISSIVE INDEMNIFICATION OF AND REIMBURSEMENT OF EXPENSES TO WITNESSES. Notwithstanding any other provision of this chapter, an enterprise may pay or reimburse reasonable expenses incurred by a governing person, officer, employee, agent, delegate, or other person in connection with that person's appearance as a witness or other participation in a proceeding at a time when the person is not a respondent in the proceeding.

  14. Tex. Business Organizations Code Sec. 8.151. INSURANCE AND OTHER ARRANGEMENTS.

  15. Tex. Business Organizations Code Sec. 8.152. REPORTS OF INDEMNIFICATION AND ADVANCES.

Chapter 9

  1. Tex. Business Organizations Code Sec. 9.001. FOREIGN ENTITIES REQUIRED TO REGISTER.

  2. Tex. Business Organizations Code Sec. 9.002. FOREIGN ENTITIES NOT REQUIRED TO REGISTER.

  3. Tex. Business Organizations Code Sec. 9.003. PERMISSIVE REGISTRATION. A foreign entity that is eligible under other law of this state to register to transact business in this state, but that is not registered under that law, may register under this chapter unless that registration is prohibited by the other law. The registration under this chapter confers only the authority provided by this chapter.

  4. Tex. Business Organizations Code Sec. 9.004. REGISTRATION PROCEDURE.

  5. Tex. Business Organizations Code Sec. 9.005. SUPPLEMENTAL INFORMATION REQUIRED IN APPLICATION FOR REGISTRATION OF FOREIGN LIMITED LIABILITY COMPANY.

  6. Tex. Business Organizations Code Sec. 9.006. SUPPLEMENTAL INFORMATION REQUIRED IN APPLICATION FOR REGISTRATION OF FOREIGN NONPROFIT CORPORATION. In addition to the information required by Section 9.004, a foreign nonprofit corporation's application for registration must state:

  7. Tex. Business Organizations Code Sec. 9.007. APPLICATION FOR REGISTRATION OF FOREIGN LIMITED LIABILITY PARTNERSHIP.

  8. Tex. Business Organizations Code Sec. 9.008. EFFECT OF REGISTRATION.

  9. Tex. Business Organizations Code Sec. 9.009. AMENDMENTS TO REGISTRATION.

  10. Tex. Business Organizations Code Sec. 9.010. NAME CHANGE OF FOREIGN FILING ENTITY. If a foreign filing entity authorized to transact business in this state changes its name to a name that would cause the entity to be denied an application for registration under this subchapter, the entity's registration must be suspended. An entity the registration of which has been suspended under this section may transact business in this state only after the entity:

  11. Tex. Business Organizations Code Sec. 9.011. VOLUNTARY WITHDRAWAL OF REGISTRATION.

  12. Tex. Business Organizations Code Sec. 9.012. AUTOMATIC WITHDRAWAL ON CONVERSION TO DOMESTIC FILING ENTITY. A foreign filing entity or foreign limited liability partnership registered in this state that converts to a domestic filing entity is considered to have withdrawn its registration on the effective date of the conversion. This section also applies to a conversion and continuance under Section 10.1025.

  13. Tex. Business Organizations Code Sec. 9.051. TRANSACTING BUSINESS OR MAINTAINING COURT PROCEEDING WITHOUT REGISTRATION.

  14. Tex. Business Organizations Code Sec. 9.052. CIVIL PENALTY.

  15. Tex. Business Organizations Code Sec. 9.053. VENUE. In addition to any other venue authorized by law, a suit under Section 9.051 or 9.052 may be brought in Travis County.

  16. Tex. Business Organizations Code Sec. 9.054. LATE FILING FEE.

  17. Tex. Business Organizations Code Sec. 9.055. REQUIREMENTS OF OTHER LAW. This chapter does not excuse a foreign entity from complying with duties imposed under other law, including other chapters of this code, relating to filing or registration requirements.

  18. Tex. Business Organizations Code Sec. 9.101. REVOCATION OF REGISTRATION BY SECRETARY OF STATE.

  19. Tex. Business Organizations Code Sec. 9.102. CERTIFICATE OF REVOCATION.

  20. Tex. Business Organizations Code Sec. 9.103. REINSTATEMENT BY SECRETARY OF STATE AFTER REVOCATION.

  21. Tex. Business Organizations Code Sec. 9.104. PROCEDURES FOR REINSTATEMENT.

  22. Tex. Business Organizations Code Sec. 9.105. USE OF DISTINGUISHABLE NAME REQUIRED. If the secretary of state determines that the name of a foreign filing entity or the fictitious name under which it is registered to transact business in this state does not comply with Chapter 5, the secretary of state may not accept for filing the certificate of reinstatement unless the foreign filing entity contemporaneously amends its registration to change its name to a name that complies with Chapter 5, or provides a fictitious name under which the foreign filing entity will transact business in this state that complies with Chapter 5.

  23. Tex. Business Organizations Code Sec. 9.106. REINSTATEMENT OF REGISTRATION FOLLOWING TAX FORFEITURE. A foreign filing entity whose registration has been revoked under the provisions of the Tax Code must follow the procedures in the Tax Code to reinstate its registration.

  24. Tex. Business Organizations Code Sec. 9.151. REVOCATION OF REGISTRATION BY COURT ACTION.

  25. Tex. Business Organizations Code Sec. 9.152. NOTIFICATION OF CAUSE BY SECRETARY OF STATE.

  26. Tex. Business Organizations Code Sec. 9.153. FILING OF ACTION BY ATTORNEY GENERAL. The attorney general shall file an action against a foreign filing entity in the name of the state seeking the revocation of the entity's registration if:

  27. Tex. Business Organizations Code Sec. 9.154. CURE BEFORE FINAL JUDGMENT. An action filed by the attorney general under Section 9.153 shall be abated if, before a district court renders judgment on the action, the foreign filing entity:

  28. Tex. Business Organizations Code Sec. 9.155. JUDGMENT REQUIRING REVOCATION. If a district court finds in an action brought under this subchapter that proper grounds exist under Section 9.151(a) for revocation of the foreign filing entity's registration, the court shall:

  29. Tex. Business Organizations Code Sec. 9.156. STAY OF JUDGMENT.

  30. Tex. Business Organizations Code Sec. 9.157. OPPORTUNITY FOR CURE AFTER AFFIRMATION OF FINDINGS BY APPEALS COURT.

  31. Tex. Business Organizations Code Sec. 9.158. JURISDICTION AND VENUE.

  32. Tex. Business Organizations Code Sec. 9.159. PROCESS IN STATE ACTION. Citation in an action for the involuntary revocation of a foreign filing entity's registration under this subchapter shall be issued and served as provided by law.

  33. Tex. Business Organizations Code Sec. 9.160. PUBLICATION OF NOTICE.

  34. Tex. Business Organizations Code Sec. 9.161. FILING OF DECREE OF REVOCATION AGAINST FOREIGN FILING ENTITY.

  35. Tex. Business Organizations Code Sec. 9.162. APPLICABILITY OF SUBCHAPTER TO FOREIGN LIMITED LIABILITY PARTNERSHIPS. This subchapter applies to a partnership registered as a foreign limited liability partnership to the same extent as it applies to a foreign filing entity.

  36. Tex. Business Organizations Code Sec. 9.201. BUSINESS OF FOREIGN ENTITY.

  37. Tex. Business Organizations Code Sec. 9.202. RIGHTS AND PRIVILEGES. A foreign nonfiling entity or a foreign filing entity registered under this chapter enjoys the same but no greater rights and privileges as the domestic entity to which it most closely corresponds.

  38. Tex. Business Organizations Code Sec. 9.203. OBLIGATIONS AND LIABILITIES. Subject to this code and other laws of this state and except as provided by Subchapter C, Chapter 1, in any matter that affects the transaction of intrastate business in this state, a foreign entity and each member, owner, or managerial official of the entity is subject to the same duties, restrictions, penalties, and liabilities imposed on a domestic entity to which it most closely corresponds or on a member, owner, or managerial official of that domestic entity.

  39. Tex. Business Organizations Code Sec. 9.204. RIGHT OF FOREIGN ENTITY TO PARTICIPATE IN BUSINESS OF CERTAIN DOMESTIC ENTITIES. A vote cast or consent provided by a foreign entity with respect to its ownership or membership interest in a domestic entity of which the foreign entity is a lawful owner or member, and the foreign entity's participation in the management and control of the business and affairs of the domestic entity to the extent of the participation of other owners or members, are not invalidated if the foreign entity does not register to transact business in this state in accordance with this chapter, subject to all law governing a domestic entity, including the antitrust law of this state.

  40. Tex. Business Organizations Code Sec. 9.251. ACTIVITIES NOT CONSTITUTING TRANSACTING BUSINESS IN THIS STATE. For purposes of this chapter, activities that do not constitute transaction of business in this state include:

  41. Tex. Business Organizations Code Sec. 9.252. OTHER ACTIVITIES. The list provided by Section 9.251 is not exclusive of activities that do not constitute transacting business in this state for the purposes of this code.

  42. Tex. Business Organizations Code Sec. 9.301. APPLICABILITY OF CODE TO CERTAIN FOREIGN ENTITIES.

Chapter 10

  1. Tex. Business Organizations Code Sec. 10.001. ADOPTION OF PLAN OF MERGER.

  2. Tex. Business Organizations Code Sec. 10.002. PLAN OF MERGER: REQUIRED PROVISIONS.

  3. Tex. Business Organizations Code Sec. 10.003. CONTENTS OF PLAN OF MERGER: MORE THAN ONE SUCCESSOR. If more than one organization is to survive or to be created by the plan of merger, the plan of merger must include:

  4. Tex. Business Organizations Code Sec. 10.004. PLAN OF MERGER: PERMISSIVE PROVISIONS.

  5. Tex. Business Organizations Code Sec. 10.005. CREATION OF HOLDING COMPANY BY MERGER.

  6. Tex. Business Organizations Code Sec. 10.006. SHORT FORM MERGER.

  7. Tex. Business Organizations Code Sec. 10.007. EFFECTIVENESS OF MERGER. Except as otherwise provided by Subchapter B, Chapter 4, a merger takes effect at the time provided by the plan of merger, except that a merger that requires a filing under Subchapter D takes effect on the acceptance of the filing of the certificate of merger by the secretary of state or county clerk, as appropriate.

  8. Tex. Business Organizations Code Sec. 10.008. EFFECT OF MERGER.

  9. Tex. Business Organizations Code Sec. 10.009. SPECIAL PROVISIONS APPLYING TO PARTNERSHIP MERGERS.

  10. Tex. Business Organizations Code Sec. 10.010. SPECIAL PROVISIONS APPLYING TO NONPROFIT CORPORATION AND NONPROFIT ASSOCIATION MERGERS.

  11. Tex. Business Organizations Code Sec. 10.051. INTEREST EXCHANGES.

  12. Tex. Business Organizations Code Sec. 10.052. PLAN OF EXCHANGE: REQUIRED PROVISIONS.

  13. Tex. Business Organizations Code Sec. 10.053. PLAN OF EXCHANGE: PERMISSIVE PROVISIONS.

  14. Tex. Business Organizations Code Sec. 10.054. EFFECTIVENESS OF EXCHANGE. Except as otherwise provided by Subchapter B, Chapter 4, an interest exchange takes effect at the time provided in the plan of exchange or otherwise agreed to by the parties, except that an interest exchange that requires a filing under Subchapter D takes effect on the acceptance of the filing of the certificate of exchange by the secretary of state or county clerk, as appropriate.

  15. Tex. Business Organizations Code Sec. 10.055. GENERAL EFFECT OF INTEREST EXCHANGE. When an interest exchange takes effect:

  16. Tex. Business Organizations Code Sec. 10.056. SPECIAL PROVISIONS APPLYING TO PARTNERSHIPS. To effect an interest exchange:

  17. Tex. Business Organizations Code Sec. 10.101. CONVERSION OF DOMESTIC ENTITIES.

  18. Tex. Business Organizations Code Sec. 10.102. CONVERSION OF NON-CODE ORGANIZATIONS.

  19. Tex. Business Organizations Code Sec. 10.1025. CONVERSION AND CONTINUANCE.

  20. Tex. Business Organizations Code Sec. 10.103. PLAN OF CONVERSION: REQUIRED PROVISIONS.

  21. Tex. Business Organizations Code Sec. 10.104. PLAN OF CONVERSION: PERMISSIVE PROVISIONS.

  22. Tex. Business Organizations Code Sec. 10.105. EFFECTIVENESS OF CONVERSION. Except as otherwise provided by Subchapter B, Chapter 4, a conversion takes effect at the time provided by the plan of conversion, except that a conversion that requires a filing under Subchapter D takes effect on the acceptance of the filing of the certificate of conversion by the filing officer.

  23. Tex. Business Organizations Code Sec. 10.106. GENERAL EFFECT OF CONVERSION. When a conversion takes effect:

  24. Tex. Business Organizations Code Sec. 10.107. SPECIAL PROVISIONS APPLYING TO PARTNERSHIP CONVERSIONS.

  25. Tex. Business Organizations Code Sec. 10.108. SPECIAL PROVISIONS APPLYING TO NONPROFIT CORPORATION AND NONPROFIT ASSOCIATION CONVERSIONS. A domestic nonprofit corporation or nonprofit association may not convert into a for-profit entity.

  26. Tex. Business Organizations Code Sec. 10.109. SPECIAL PROVISIONS APPLYING TO CONVERSION AND CONTINUANCE.

  27. Tex. Business Organizations Code Sec. 10.151. CERTIFICATE OF MERGER AND EXCHANGE.

  28. Tex. Business Organizations Code Sec. 10.152. CERTIFICATE OF MERGER: SHORT FORM MERGER.

  29. Tex. Business Organizations Code Sec. 10.153. FILING OF CERTIFICATE OF MERGER OR EXCHANGE.

  30. Tex. Business Organizations Code Sec. 10.154. CERTIFICATE OF CONVERSION.

  31. Tex. Business Organizations Code Sec. 10.155. FILING OF CERTIFICATE OF CONVERSION.

  32. Tex. Business Organizations Code Sec. 10.156. ACCEPTANCE OF CERTIFICATE FOR FILING. The filing officer may not accept a certificate of merger, exchange, or conversion for filing if:

  33. Tex. Business Organizations Code Sec. 10.201. ABANDONMENT OF PLAN OF MERGER, EXCHANGE, OR CONVERSION. After a merger, interest exchange, or conversion is approved as provided by this code, and at any time before the merger, interest exchange, or conversion takes effect, the plan of merger, interest exchange, or conversion may be abandoned, subject to any contractual rights, by any of the domestic entities that are a party to the merger, interest exchange, or conversion, without action by the owners or members, under the procedures provided by the plan of merger, exchange, or conversion or, if no abandonment procedures are provided, in the manner determined by the governing authority.

  34. Tex. Business Organizations Code Sec. 10.202. ABANDONMENT AFTER FILING. If a certificate of merger, exchange, or conversion has been filed, the merger, interest exchange, or conversion may be abandoned before its effectiveness in accordance with Sections 4.057 and 10.201.

  35. Tex. Business Organizations Code Sec. 10.203. ABANDONMENT IF NO FILING REQUIRED.

  36. Tex. Business Organizations Code Sec. 10.251. GENERAL POWER OF DOMESTIC ENTITY TO SELL, LEASE, OR CONVEY PROPERTY.

  37. Tex. Business Organizations Code Sec. 10.252. NO APPROVAL REQUIRED FOR CERTAIN DISPOSITIONS OF PROPERTY. Except as otherwise provided by this code, the governing documents of the domestic entity, or specific limitations established by the governing authority, a sale, lease, assignment, conveyance, pledge, mortgage, deed of trust, trust indenture, or other transfer of an interest in real property or other property made by a domestic entity does not require the approval of the members or owners of the entity.

  38. Tex. Business Organizations Code Sec. 10.253. RECORDING INSTRUMENT CONVEYING REAL PROPERTY OF DOMESTIC ENTITY.

  39. Tex. Business Organizations Code Sec. 10.254. DISPOSITION OF PROPERTY NOT A MERGER OR CONVERSION; LIABILITY.

  40. Tex. Business Organizations Code Sec. 10.301. REORGANIZATION UNDER BANKRUPTCY AND SIMILAR LAWS.

  41. Tex. Business Organizations Code Sec. 10.302. SIGNING OF DOCUMENTS. A trustee appointed for a domestic entity being reorganized under a federal statute, the designated officers of a domestic entity being reorganized under a federal statute, or any other individual designated by a court having jurisdiction of a domestic entity being reorganized under a federal statute may sign on behalf of a domestic entity that is being reorganized:

  42. Tex. Business Organizations Code Sec. 10.303. REORGANIZATION WITH OTHER ENTITIES. If a domestic entity or non-code organization that is not being reorganized under a federal statute merges or exchanges an interest with a domestic entity that is being reorganized under a plan of reorganization under a federal statute:

  43. Tex. Business Organizations Code Sec. 10.304. RIGHT OF DISSENT AND APPRAISAL EXCLUDED. An owner or member of a domestic entity subject to dissenters' rights being reorganized under a federal statute does not have a right to dissent and appraisal under this code except as provided by the plan of reorganization.

  44. Tex. Business Organizations Code Sec. 10.305. AFTER FINAL DECREE. This subchapter does not apply after the entry of a final decree in a reorganization case under a federal statute even though the court that renders the decree may retain jurisdiction of the case for limited purposes unrelated to consummation of the plan of reorganization.

  45. Tex. Business Organizations Code Sec. 10.306. CHAPTER CUMULATIVE OF OTHER CHANGES. This chapter does not preclude other changes in a domestic entity or its ownership or membership interests or securities by a plan of reorganization ordered by a court under a federal statute.

  46. Tex. Business Organizations Code Sec. 10.351. APPLICABILITY OF SUBCHAPTER.

  47. Tex. Business Organizations Code Sec. 10.352. DEFINITIONS. In this subchapter:

  48. Tex. Business Organizations Code Sec. 10.353. FORM AND VALIDITY OF NOTICE.

  49. Tex. Business Organizations Code Sec. 10.354. RIGHTS OF DISSENT AND APPRAISAL.

  50. Tex. Business Organizations Code Sec. 10.355. NOTICE OF RIGHT OF DISSENT AND APPRAISAL.

  51. Tex. Business Organizations Code Sec. 10.356. PROCEDURE FOR DISSENT BY OWNERS AS TO ACTIONS; PERFECTION OF RIGHT OF DISSENT AND APPRAISAL.

  52. Tex. Business Organizations Code Sec. 10.357. WITHDRAWAL OF DEMAND FOR FAIR VALUE OF OWNERSHIP INTEREST.

  53. Tex. Business Organizations Code Sec. 10.358. RESPONSE BY ORGANIZATION TO NOTICE OF DISSENT AND DEMAND FOR FAIR VALUE BY DISSENTING OWNER.

  54. Tex. Business Organizations Code Sec. 10.359. RECORD OF DEMAND FOR FAIR VALUE OF OWNERSHIP INTEREST.

  55. Tex. Business Organizations Code Sec. 10.360. RIGHTS OF TRANSFEREE OF CERTAIN OWNERSHIP INTEREST. A transferee of an ownership interest that is the subject of a demand for payment made under Section 10.356 does not acquire additional rights with respect to the responsible organization following the transfer. The transferee has only the rights the original dissenting owner had with respect to the responsible organization after making the demand.

  56. Tex. Business Organizations Code Sec. 10.361. PROCEEDING TO DETERMINE FAIR VALUE OF OWNERSHIP INTEREST AND OWNERS ENTITLED TO PAYMENT; APPOINTMENT OF APPRAISERS.

  57. Tex. Business Organizations Code Sec. 10.362. COMPUTATION AND DETERMINATION OF FAIR VALUE OF OWNERSHIP INTEREST.

  58. Tex. Business Organizations Code Sec. 10.363. POWERS AND DUTIES OF APPRAISER; APPRAISAL PROCEDURES.

  59. Tex. Business Organizations Code Sec. 10.364. OBJECTION TO APPRAISAL; HEARING.

  60. Tex. Business Organizations Code Sec. 10.365. COURT COSTS; COMPENSATION FOR APPRAISER.

  61. Tex. Business Organizations Code Sec. 10.366. STATUS OF OWNERSHIP INTEREST HELD OR FORMERLY HELD BY DISSENTING OWNER.

  62. Tex. Business Organizations Code Sec. 10.367. RIGHTS OF OWNERS FOLLOWING TERMINATION OF RIGHT OF DISSENT.

  63. Tex. Business Organizations Code Sec. 10.368. EXCLUSIVITY OF REMEDY OF DISSENT AND APPRAISAL. In the absence of fraud in the transaction, any right of an owner of an ownership interest to dissent from an action and obtain the fair value of the ownership interest under this subchapter is the exclusive remedy for recovery of:

  64. Tex. Business Organizations Code Sec. 10.901. CREDITORS; ANTITRUST. This code does not affect, nullify, or repeal the antitrust laws or abridge any right or rights of any creditor under existing laws.

  65. Tex. Business Organizations Code Sec. 10.902. NONEXCLUSIVITY. This chapter does not limit the power of a domestic entity or non-code organization to acquire all or part of the ownership or membership interests of one or more classes or series of a domestic entity through a voluntary exchange or otherwise.

Chapter 11

  1. Tex. Business Organizations Code Sec. 11.001. DEFINITIONS. In this chapter:

  2. Tex. Business Organizations Code Sec. 11.051. EVENT REQUIRING WINDING UP OF DOMESTIC ENTITY. Winding up of a domestic entity is required on:

  3. Tex. Business Organizations Code Sec. 11.052. WINDING UP PROCEDURES.

  4. Tex. Business Organizations Code Sec. 11.053. PROPERTY APPLIED TO DISCHARGE LIABILITIES AND OBLIGATIONS.

  5. Tex. Business Organizations Code Sec. 11.054. COURT SUPERVISION OF WINDING UP PROCESS. Subject to the other provisions of this code, on application of a domestic entity or an owner or member of a domestic entity, a court may:

  6. Tex. Business Organizations Code Sec. 11.055. COURT ACTION OR PROCEEDING DURING WINDING UP. During the winding up process, a domestic entity may continue prosecuting or defending a court action or proceeding by or against the domestic entity.

  7. Tex. Business Organizations Code Sec. 11.056. SUPPLEMENTAL PROVISIONS FOR LIMITED LIABILITY COMPANY.

  8. Tex. Business Organizations Code Sec. 11.057. SUPPLEMENTAL PROVISIONS FOR DOMESTIC GENERAL PARTNERSHIP.

  9. Tex. Business Organizations Code Sec. 11.058. SUPPLEMENTAL PROVISION FOR LIMITED PARTNERSHIP.

  10. Tex. Business Organizations Code Sec. 11.059. SUPPLEMENTAL PROVISIONS FOR CORPORATIONS. For purposes of Section 11.051(3), the event requiring the winding up, dissolution, or termination of a domestic corporation must be specified in:

  11. Tex. Business Organizations Code Sec. 11.101. CERTIFICATE OF TERMINATION FOR FILING ENTITY.

  12. Tex. Business Organizations Code Sec. 11.102. EFFECTIVENESS OF TERMINATION OF FILING ENTITY. Except as otherwise provided by this chapter, the existence of a filing entity terminates on the filing of a certificate of termination with the filing officer.

  13. Tex. Business Organizations Code Sec. 11.103. EFFECTIVENESS OF TERMINATION OF NONFILING ENTITY. Except as otherwise provided by this chapter, the existence of a nonfiling entity terminates on the completion of the winding up of its business and affairs. Notice of the termination must be provided by the nonfiling entity in the manner provided in the governing documents of the nonfiling entity if notice of termination is required under the governing documents.

  14. Tex. Business Organizations Code Sec. 11.104. ACTION BY SECRETARY OF STATE. The secretary of state shall remove from its active records a domestic filing entity whose period of duration specified in its certificate of formation has expired when the secretary of state determines that:

  15. Tex. Business Organizations Code Sec. 11.105. SUPPLEMENTAL INFORMATION REQUIRED BY CERTIFICATE OF TERMINATION OF NONPROFIT CORPORATION.

  16. Tex. Business Organizations Code Sec. 11.151. REVOCATION OF VOLUNTARY WINDING UP.

  17. Tex. Business Organizations Code Sec. 11.152. CONTINUATION OF BUSINESS WITHOUT WINDING UP.

  18. Tex. Business Organizations Code Sec. 11.153. COURT REVOCATION OF FRAUDULENT TERMINATION.

  19. Tex. Business Organizations Code Sec. 11.201. CONDITIONS FOR REINSTATEMENT.

  20. Tex. Business Organizations Code Sec. 11.202. PROCEDURES FOR REINSTATEMENT.

  21. Tex. Business Organizations Code Sec. 11.203. USE OF DISTINGUISHABLE NAME REQUIRED. If the secretary of state determines that a filing entity's name contained in a certificate of reinstatement filed under Section 11.202 does not comply with Chapter 5, the secretary of state may not accept for filing the certificate of reinstatement unless the filing entity contemporaneously amends its certificate of formation to change its name to a name that complies with Chapter 5.

  22. Tex. Business Organizations Code Sec. 11.204. EFFECTIVENESS OF REINSTATEMENT OF NONFILING ENTITY. The reinstatement of a terminated nonfiling entity takes effect on the approval required by Section 11.202(b).

  23. Tex. Business Organizations Code Sec. 11.205. EFFECTIVENESS OF REINSTATEMENT OF FILING ENTITY. The reinstatement of a terminated filing entity that previously filed a certificate of termination takes effect on the filing of the entity's certificate of reinstatement.

  24. Tex. Business Organizations Code Sec. 11.206. EFFECT OF REINSTATEMENT.

  25. Tex. Business Organizations Code Sec. 11.251. TERMINATION OF FILING ENTITY BY SECRETARY OF STATE.

  26. Tex. Business Organizations Code Sec. 11.252. CERTIFICATE OF TERMINATION.

  27. Tex. Business Organizations Code Sec. 11.253. REINSTATEMENT BY SECRETARY OF STATE AFTER INVOLUNTARY TERMINATION.

  28. Tex. Business Organizations Code Sec. 11.254. REINSTATEMENT OF CERTIFICATE OF FORMATION FOLLOWING TAX FORFEITURE.

  29. Tex. Business Organizations Code Sec. 11.255. REINSTATEMENT OF CERTIFICATE OF FORMATION FOLLOWING FAILURE TO REVIVE; REINSTATEMENT RETROACTIVE.

  30. Tex. Business Organizations Code Sec. 11.301. INVOLUNTARY WINDING UP AND TERMINATION OF FILING ENTITY BY COURT ACTION.

  31. Tex. Business Organizations Code Sec. 11.302. NOTIFICATION OF CAUSE BY SECRETARY OF STATE.

  32. Tex. Business Organizations Code Sec. 11.303. FILING OF ACTION BY ATTORNEY GENERAL. The attorney general shall file an action against a filing entity in the name of the state seeking termination of the entity's existence if:

  33. Tex. Business Organizations Code Sec. 11.304. CURE BEFORE FINAL JUDGMENT. An action filed by the attorney general under Section 11.303 shall be abated if, before a district court renders judgment on the action, the filing entity:

  34. Tex. Business Organizations Code Sec. 11.305. JUDGMENT REQUIRING WINDING UP AND TERMINATION. If a district court finds in an action brought under this subchapter that proper grounds exist under Section 11.301(a) for a winding up of a filing entity's business and termination of the filing entity's existence, the court shall:

  35. Tex. Business Organizations Code Sec. 11.306. STAY OF JUDGMENT.

  36. Tex. Business Organizations Code Sec. 11.307. OPPORTUNITY FOR CURE AFTER AFFIRMATION OF FINDINGS BY APPEALS COURT.

  37. Tex. Business Organizations Code Sec. 11.308. JURISDICTION AND VENUE.

  38. Tex. Business Organizations Code Sec. 11.309. PROCESS IN STATE ACTION. Citation in an action for the involuntary winding up and termination of a filing entity under this subchapter shall be issued and served as provided by law.

  39. Tex. Business Organizations Code Sec. 11.310. PUBLICATION OF NOTICE.

  40. Tex. Business Organizations Code Sec. 11.311. ACTION ALLOWED AFTER EXPIRATION OF FILING ENTITY'S DURATION. The expiration of a filing entity's period of duration does not, by itself, create a vested right on the part of an owner or creditor of the filing entity to prevent an action by the attorney general for the involuntary winding up of the filing entity's business and termination of the filing entity's existence.

  41. Tex. Business Organizations Code Sec. 11.312. COMPLIANCE BY TERMINATED ENTITY. On the decree of a court requiring winding up of a filing entity's business, the filing entity shall comply with:

  42. Tex. Business Organizations Code Sec. 11.313. TIMING OF TERMINATION. A court may enter a decree under Section 11.301 terminating the existence of a filing entity:

  43. Tex. Business Organizations Code Sec. 11.314. INVOLUNTARY WINDING UP AND TERMINATION OF PARTNERSHIP OR LIMITED LIABILITY COMPANY. A district court in the county in which the registered office or principal place of business in this state of a domestic partnership or limited liability company is located has jurisdiction to order the winding up and termination of the domestic partnership or limited liability company on application by an owner of the partnership or limited liability company if the court determines that:

  44. Tex. Business Organizations Code Sec. 11.315. FILING OF DECREE OF TERMINATION AGAINST FILING ENTITY.

  45. Tex. Business Organizations Code Sec. 11.351. LIABILITY OF TERMINATED FILING ENTITY. A terminated filing entity is liable only for an existing claim.

  46. Tex. Business Organizations Code Sec. 11.352. DEPOSIT WITH COMPTROLLER OF AMOUNT DUE OWNERS AND CREDITORS WHO ARE UNKNOWN OR CANNOT BE LOCATED.

  47. Tex. Business Organizations Code Sec. 11.353. DISCHARGE OF LIABILITY OF PERSON RESPONSIBLE FOR LIQUIDATION. A person responsible for the distribution in liquidation of a filing entity's assets will be released and discharged from further liability with respect to money received from the liquidation when the person deposits the money with the comptroller under Section 11.352.

  48. Tex. Business Organizations Code Sec. 11.354. PAYMENT FROM ACCOUNT BY COMPTROLLER.

  49. Tex. Business Organizations Code Sec. 11.355. NOTICE OF ESCHEAT; ESCHEAT.

  50. Tex. Business Organizations Code Sec. 11.356. LIMITED SURVIVAL AFTER TERMINATION.

  51. Tex. Business Organizations Code Sec. 11.357. GOVERNING PERSONS OF ENTITY DURING LIMITED SURVIVAL.

  52. Tex. Business Organizations Code Sec. 11.358. ACCELERATED PROCEDURE FOR EXISTING CLAIM RESOLUTION.

  53. Tex. Business Organizations Code Sec. 11.359. EXTINGUISHMENT OF EXISTING CLAIM.

  54. Tex. Business Organizations Code Sec. 11.401. CODE GOVERNS. A receiver may be appointed for a domestic entity or for a domestic entity's property or business only as provided for and on the conditions set forth in this code.

  55. Tex. Business Organizations Code Sec. 11.402. JURISDICTION TO APPOINT RECEIVER.

  56. Tex. Business Organizations Code Sec. 11.403. APPOINTMENT OF RECEIVER FOR SPECIFIC PROPERTY.

  57. Tex. Business Organizations Code Sec. 11.404. APPOINTMENT OF RECEIVER TO REHABILITATE DOMESTIC ENTITY.

  58. Tex. Business Organizations Code Sec. 11.405. APPOINTMENT OF RECEIVER TO LIQUIDATE DOMESTIC ENTITY; LIQUIDATION.

  59. Tex. Business Organizations Code Sec. 11.406. RECEIVERS: QUALIFICATIONS, POWERS, AND DUTIES.

  60. Tex. Business Organizations Code Sec. 11.407. COURT-ORDERED FILING OF CLAIMS.

  61. Tex. Business Organizations Code Sec. 11.408. SUPERVISING COURT; JURISDICTION; AUTHORITY.

  62. Tex. Business Organizations Code Sec. 11.409. ANCILLARY RECEIVERSHIPS OF FOREIGN ENTITIES.

  63. Tex. Business Organizations Code Sec. 11.410. RECEIVERSHIP FOR ALL PROPERTY AND BUSINESS OF FOREIGN ENTITY.

  64. Tex. Business Organizations Code Sec. 11.411. GOVERNING PERSONS AND OWNERS NOT NECESSARY PARTIES DEFENDANT. Governing persons and owners or members of a domestic entity are not necessary parties to an action for a receivership or liquidation of the property and business of a domestic entity unless relief is sought against those persons individually.

  65. Tex. Business Organizations Code Sec. 11.412. DECREE OF INVOLUNTARY TERMINATION. In an action in which the court has ordered the liquidation of the property and business of a domestic entity in accordance with other provisions of this code, the court shall enter a decree terminating the existence of the entity:

  66. Tex. Business Organizations Code Sec. 11.413. SUPPLEMENTAL PROVISIONS FOR APPLICATION OF PROCEEDS FROM LIQUIDATION OF NONPROFIT CORPORATION.

  67. Tex. Business Organizations Code Sec. 11.414. FILING OF DECREE OF INVOLUNTARY TERMINATION AGAINST FILING ENTITY.

Chapter 12

  1. Tex. Business Organizations Code Sec. 12.001. AUTHORITY OF SECRETARY OF STATE.

  2. Tex. Business Organizations Code Sec. 12.002. INTERROGATORIES BY SECRETARY OF STATE.

  3. Tex. Business Organizations Code Sec. 12.003. INFORMATION DISCLOSED BY INTERROGATORIES. An interrogatory sent by the secretary of state and the answer to the interrogatory are subject to Chapter 552, Government Code.

  4. Tex. Business Organizations Code Sec. 12.004. APPEALS FROM SECRETARY OF STATE.

  5. Tex. Business Organizations Code Sec. 12.005. FEE WAIVER FOR NEW VETERAN-OWNED BUSINESS. The secretary of state shall waive all fees imposed under Subchapter D, Chapter 4, for an entity that is a new veteran-owned business as defined by Section 171.0005, Tax Code, until the earlier of:

  6. Tex. Business Organizations Code Sec. 12.151. AUTHORITY OF ATTORNEY GENERAL TO EXAMINE BOOKS AND RECORDS. Each filing entity and foreign filing entity shall permit the attorney general to inspect, examine, and make copies, as the attorney general considers necessary in the performance of a power or duty of the attorney general, of any record of the entity. A record of the entity includes minutes and a book, account, letter, memorandum, document, check, voucher, telegram, constitution, and bylaw.

  7. Tex. Business Organizations Code Sec. 12.152. REQUEST TO EXAMINE. To examine the business of a filing entity or foreign filing entity, the attorney general shall make a written request to a managerial official, who shall immediately permit the attorney general to inspect, examine, and make copies of the records of the entity.

  8. Tex. Business Organizations Code Sec. 12.153. AUTHORITY TO EXAMINE MANAGEMENT OF ENTITY. The attorney general may investigate the organization, conduct, and management of a filing entity or foreign filing entity and determine if the entity has been or is engaged in acts or conduct in violation of:

  9. Tex. Business Organizations Code Sec. 12.154. AUTHORITY TO DISCLOSE INFORMATION. Information held by the attorney general and derived in the course of an examination of an entity's records or documents is not public information, is not subject to Chapter 552, Government Code, and may not be disclosed except:

  10. Tex. Business Organizations Code Sec. 12.155. FORFEITURE OF BUSINESS PRIVILEGES. A foreign filing entity or a filing entity that fails or refuses to permit the attorney general to examine or make copies of a record, without regard to whether the record is located in this or another state, forfeits the right of the entity to do business in this state, and the entity's registration or certificate of formation shall be revoked or terminated.

  11. Tex. Business Organizations Code Sec. 12.156. CRIMINAL PENALTY.

  12. Tex. Business Organizations Code Sec. 12.201. LIEN FOR LAW VIOLATIONS.

  13. Tex. Business Organizations Code Sec. 12.251. RECEIVER. In a suit filed by this state against a filing entity or foreign filing entity for the termination of the entity's certificate of formation or registration or for a fine or penalty, the court in this state in which the suit is pending:

  14. Tex. Business Organizations Code Sec. 12.252. FORECLOSURE.

  15. Tex. Business Organizations Code Sec. 12.253. ACTION AGAINST INSOLVENT ENTITY. When the attorney general is convinced that a filing entity or foreign filing entity is insolvent, the attorney general shall institute quo warranto or other appropriate proceedings to terminate the certificate of formation or registration of the filing entity or foreign filing entity that is insolvent.

  16. Tex. Business Organizations Code Sec. 12.254. SUITS BY DISTRICT OR COUNTY ATTORNEY. A district or county attorney shall bring and prosecute a proceeding under Section 12.252 or 12.253 when directed to do so by the attorney general.

  17. Tex. Business Organizations Code Sec. 12.255. PERMISSION TO SUE. Before a petition may be filed by the attorney general or by a district or county attorney in a suit authorized by Section 12.252 or 12.253, leave must be granted by the judge of the court in which the proceeding is to be filed.

  18. Tex. Business Organizations Code Sec. 12.256. EXAMINATION AND NOTICE.

  19. Tex. Business Organizations Code Sec. 12.257. DISMISSAL OF ACTION.

  20. Tex. Business Organizations Code Sec. 12.258. LIQUIDATION OF INSOLVENT ENTITY.

  21. Tex. Business Organizations Code Sec. 12.259. EXTRAORDINARY REMEDIES; BOND. The state has a right to a writ of attachment, garnishment, sequestration, or injunction, without bond, to aid in the enforcement of the state's rights created by this chapter.

  22. Tex. Business Organizations Code Sec. 12.260. ABATEMENT OF SUIT. An action or cause of action for a fine, penalty, or forfeiture that this state has or may have against a filing entity or foreign filing entity does not abate because the entity winds up, voluntarily or otherwise, or the entity's certificate of formation is terminated or the entity's registration is revoked.

  23. Tex. Business Organizations Code Sec. 12.261. PROVISIONS CUMULATIVE. Each right or remedy provided by this chapter is cumulative and does not affect any other right or remedy for the enforcement, payment, or collection of a fine, forfeiture, or penalty or any other means provided by law for securing or preserving testimony or inquiring into the rights or privileges of an entity.

Chapter 20

  1. Tex. Business Organizations Code Sec. 20.001. SIGNATURE REQUIREMENTS FOR FILING INSTRUMENTS.

  2. Tex. Business Organizations Code Sec. 20.002. ULTRA VIRES ACTS.

Chapter 21

  1. Tex. Business Organizations Code Sec. 21.002. DEFINITIONS. In this chapter:

  2. Tex. Business Organizations Code Sec. 21.051. NO PROPERTY RIGHT IN CERTIFICATE OF FORMATION. A shareholder of a corporation does not have a vested property right resulting from the certificate of formation, including a provision in the certificate of formation relating to the management, control, capital structure, dividend entitlement, purpose, or duration of the corporation.

  3. Tex. Business Organizations Code Sec. 21.052. PROCEDURES TO ADOPT AMENDMENT TO CERTIFICATE OF FORMATION.

  4. Tex. Business Organizations Code Sec. 21.053. ADOPTION OF AMENDMENT BY BOARD OF DIRECTORS.

  5. Tex. Business Organizations Code Sec. 21.054. ADOPTION OF AMENDMENT BY SHAREHOLDERS. If a corporation has issued and outstanding shares:

  6. Tex. Business Organizations Code Sec. 21.055. NOTICE OF AND MEETING TO CONSIDER PROPOSED AMENDMENT.

  7. Tex. Business Organizations Code Sec. 21.056. RESTATED CERTIFICATE OF FORMATION.

  8. Tex. Business Organizations Code Sec. 21.057. BYLAWS.

  9. Tex. Business Organizations Code Sec. 21.058. DUAL AUTHORITY. Unless the certificate of formation or a bylaw adopted by the shareholders provides otherwise as to all or a part of a corporation's bylaws, a corporation's shareholders may amend, repeal, or adopt the corporation's bylaws regardless of whether the bylaws may also be amended, repealed, or adopted by the corporation's board of directors.

  10. Tex. Business Organizations Code Sec. 21.059. ORGANIZATION MEETING.

  11. Tex. Business Organizations Code Sec. 21.101. SHAREHOLDERS' AGREEMENT.

  12. Tex. Business Organizations Code Sec. 21.102. TERM OF AGREEMENT. Any limit on the term or duration of a shareholders' agreement under this subchapter must be set forth in the agreement. A shareholders' agreement under this subchapter that was in effect before September 1, 2015, remains in effect for 10 years, unless the agreement provides otherwise.

  13. Tex. Business Organizations Code Sec. 21.103. DISCLOSURE OF AGREEMENT; RECALL OF CERTAIN CERTIFICATES.

  14. Tex. Business Organizations Code Sec. 21.104. EFFECT OF SHAREHOLDERS' AGREEMENT. A shareholders' agreement that complies with this subchapter is effective among the shareholders and between the shareholders and the corporation even if the terms of the agreement are inconsistent with this code.

  15. Tex. Business Organizations Code Sec. 21.105. RIGHT OF RESCISSION; KNOWLEDGE OF PURCHASER OF SHARES.

  16. Tex. Business Organizations Code Sec. 21.106. AGREEMENT LIMITING AUTHORITY OF AND SUPPLANTING BOARD OF DIRECTORS; LIABILITY.

  17. Tex. Business Organizations Code Sec. 21.107. LIABILITY OF SHAREHOLDER. The existence of or a performance under a shareholders' agreement authorized by this subchapter is not a ground for imposing personal liability on a shareholder for an act or obligation of the corporation by disregarding the separate existence of the corporation or otherwise, even if the agreement or a performance under the agreement:

  18. Tex. Business Organizations Code Sec. 21.108. PERSONS ACTING IN PLACE OF SHAREHOLDERS. An organizer or a subscriber for shares may act as a shareholder with respect to a shareholders' agreement authorized by this subchapter if no shares have been issued when the agreement is signed.

  19. Tex. Business Organizations Code Sec. 21.109. AGREEMENT NOT EFFECTIVE.

  20. Tex. Business Organizations Code Sec. 21.110. OTHER SHAREHOLDER AGREEMENTS PERMITTED. This subchapter does not prohibit or impair any agreement between two or more shareholders, or between the corporation and one or more of the corporation's shareholders, permitted by Title 1, this chapter, or other law.

  21. Tex. Business Organizations Code Sec. 21.151. NUMBER OF AUTHORIZED SHARES. A corporation may issue the number of authorized shares stated in the corporation's certificate of formation.

  22. Tex. Business Organizations Code Sec. 21.152. CLASSES AND SERIES OF SHARES.

  23. Tex. Business Organizations Code Sec. 21.153. DESIGNATIONS, PREFERENCES, LIMITATIONS, AND RIGHTS OF A CLASS OR SERIES.

  24. Tex. Business Organizations Code Sec. 21.154. CERTAIN OPTIONAL CHARACTERISTICS OF SHARES.

  25. Tex. Business Organizations Code Sec. 21.155. SERIES OF SHARES ESTABLISHED BY BOARD OF DIRECTORS.

  26. Tex. Business Organizations Code Sec. 21.156. ACTIONS WITH RESPECT TO SERIES OF SHARES.

  27. Tex. Business Organizations Code Sec. 21.157. ISSUANCE OF SHARES.

  28. Tex. Business Organizations Code Sec. 21.158. ISSUANCE OF SHARES UNDER PLAN OF MERGER OR CONVERSION.

  29. Tex. Business Organizations Code Sec. 21.159. TYPES OF CONSIDERATION FOR SHARES. Shares with or without par value may be issued for the following types of consideration:

  30. Tex. Business Organizations Code Sec. 21.160. DETERMINATION OF CONSIDERATION FOR SHARES.

  31. Tex. Business Organizations Code Sec. 21.161. AMOUNT OF CONSIDERATION FOR ISSUANCE OF CERTAIN SHARES.

  32. Tex. Business Organizations Code Sec. 21.162. VALUE AND SUFFICIENCY OF CONSIDERATION. In the absence of fraud in the transaction, the judgment of the board of directors, the shareholders, or the party approving the plan of conversion or the plan of merger, as appropriate, is conclusive in determining the value and sufficiency of the consideration received for the shares.

  33. Tex. Business Organizations Code Sec. 21.163. ISSUANCE AND DISPOSITION OF FRACTIONAL SHARES OR SCRIP.

  34. Tex. Business Organizations Code Sec. 21.164. RIGHTS OF HOLDERS OF FRACTIONAL SHARES OR SCRIP.

  35. Tex. Business Organizations Code Sec. 21.165. SUBSCRIPTIONS.

  36. Tex. Business Organizations Code Sec. 21.166. PREFORMATION SUBSCRIPTION.

  37. Tex. Business Organizations Code Sec. 21.167. COMMITMENT TO PURCHASE SHARES.

  38. Tex. Business Organizations Code Sec. 21.168. STOCK RIGHTS, OPTIONS, AND CONVERTIBLE INDEBTEDNESS.

  39. Tex. Business Organizations Code Sec. 21.169. TERMS AND CONDITIONS OF RIGHTS AND OPTIONS.

  40. Tex. Business Organizations Code Sec. 21.170. CONSIDERATION FOR RIGHTS, OPTIONS, AND CONVERTIBLE INDEBTEDNESS.

  41. Tex. Business Organizations Code Sec. 21.171. OUTSTANDING OR TREASURY SHARES.

  42. Tex. Business Organizations Code Sec. 21.172. EXPENSES OF ORGANIZATION, REORGANIZATION, AND FINANCING OF CORPORATION. A corporation may pay or authorize to be paid from the consideration received by the corporation as payment for the corporation's shares the reasonable charges and expenses of the organization or reorganization of the corporation and the sale or underwriting of the shares without rendering the shares not fully paid and nonassessable.

  43. Tex. Business Organizations Code Sec. 21.173. SUPPLEMENTAL REQUIRED RECORDS. In addition to the books and records required to be kept under Section 3.151, a corporation shall keep at its registered office or principal place of business, or at the office of its transfer agent or registrar, a record of:

  44. Tex. Business Organizations Code Sec. 21.201. REGISTERED HOLDERS AS OWNERS; SHARES HELD BY NOMINEES.

  45. Tex. Business Organizations Code Sec. 21.202. DEFINITION OF SHARES. In Sections 21.203-21.208, "shares" includes a security:

  46. Tex. Business Organizations Code Sec. 21.203. NO STATUTORY PREEMPTIVE RIGHT UNLESS PROVIDED BY CERTIFICATE OF FORMATION.

  47. Tex. Business Organizations Code Sec. 21.204. STATUTORY PREEMPTIVE RIGHTS.

  48. Tex. Business Organizations Code Sec. 21.205. WAIVER OF PREEMPTIVE RIGHT.

  49. Tex. Business Organizations Code Sec. 21.206. LIMITATION ON ACTION TO ENFORCE PREEMPTIVE RIGHT.

  50. Tex. Business Organizations Code Sec. 21.207. DISPOSITION OF SHARES HAVING PREEMPTIVE RIGHTS. The transferee or successor of a share that has been transferred or otherwise disposed of by a shareholder of a corporation whose preemptive right to acquire shares in the corporation has been violated does not acquire the preemptive right, or any right or claim based on the violation, unless the previous shareholder has assigned the preemptive right to the transferee or successor.

  51. Tex. Business Organizations Code Sec. 21.208. PREEMPTIVE RIGHT IN EXISTING CORPORATION. Subject to the certificate of formation, a shareholder of a corporation incorporated before September 1, 2003, has a preemptive right to acquire unissued or treasury shares of the corporation to the extent provided by Sections 21.204, 21.206, and 21.207. After September 1, 2003, a corporation may limit or deny the preemptive right of the shareholders of the corporation by amending the corporation's certificate of formation.

  52. Tex. Business Organizations Code Sec. 21.209. TRANSFER OF SHARES AND OTHER SECURITIES. Except as otherwise provided by this code, the shares and other securities of a corporation are transferable in accordance with Chapter 8, Business & Commerce Code.

  53. Tex. Business Organizations Code Sec. 21.210. RESTRICTION ON TRANSFER OF SHARES AND OTHER SECURITIES.

  54. Tex. Business Organizations Code Sec. 21.211. VALID RESTRICTIONS ON TRANSFER.

  55. Tex. Business Organizations Code Sec. 21.212. BYLAW OR AGREEMENT RESTRICTING TRANSFER OF SHARES OR OTHER SECURITIES.

  56. Tex. Business Organizations Code Sec. 21.213. ENFORCEABILITY OF RESTRICTION ON TRANSFER OF CERTAIN SECURITIES.

  57. Tex. Business Organizations Code Sec. 21.214. JOINT OWNERSHIP OF SHARES.

  58. Tex. Business Organizations Code Sec. 21.215. LIABILITY FOR DESIGNATING OWNER OF SHARES. A corporation or an officer, director, employee, or agent of the corporation may not be held liable for considering the person who is registered as the owner of a share in the share transfer records of the corporation at a particular time to be the owner of the share at that time for a purpose described by Section 21.201, regardless of whether the person possesses a certificate for that share.

  59. Tex. Business Organizations Code Sec. 21.216. LIABILITY REGARDING JOINT OWNERSHIP OF SHARES. A corporation that transfers shares or makes a distribution to a surviving joint owner under Section 21.214 before the corporation has received a written claim for the shares or distribution from another person is discharged from liability for the transfer or payment.

  60. Tex. Business Organizations Code Sec. 21.217. LIABILITY OF ASSIGNEE OR TRANSFEREE. An assignee or transferee of certificated shares, uncertificated shares, or a subscription for shares in good faith and without knowledge that full consideration for the shares or subscription has not been paid may not be held personally liable to the corporation or a creditor of the corporation for an unpaid portion of the consideration.

  61. Tex. Business Organizations Code Sec. 21.218. EXAMINATION OF RECORDS.

  62. Tex. Business Organizations Code Sec. 21.219. ANNUAL AND INTERIM STATEMENTS OF CORPORATION.

  63. Tex. Business Organizations Code Sec. 21.220. PENALTY FOR FAILURE TO PREPARE VOTING LIST. An officer or agent of a corporation who is in charge of the corporation's share transfer records and who does not prepare the list of shareholders, keep the list on file for a 10-day period before the annual meeting, or keep the list available for inspection as required by Sections 21.354 and 21.372 is liable to a shareholder who suffers damages because of the failure for the damage caused by the failure.

  64. Tex. Business Organizations Code Sec. 21.221. PENALTY FOR FAILURE TO PROVIDE NOTICE OF MEETING. If an officer or agent of a corporation is unable to comply with the duties prescribed by Sections 21.354 and 21.372 because the officer or agent did not receive notice of a meeting of shareholders within a sufficient time before the date of the meeting, the corporation, rather than the officer or agent, is liable to a shareholder who suffers damages because of the failure for the extent of the damage caused by the failure.

  65. Tex. Business Organizations Code Sec. 21.222. PENALTY FOR REFUSAL TO PERMIT EXAMINATION OF CERTAIN RECORDS.

  66. Tex. Business Organizations Code Sec. 21.223. LIMITATION OF LIABILITY FOR OBLIGATIONS.

  67. Tex. Business Organizations Code Sec. 21.224. PREEMPTION OF LIABILITY. The liability of a holder, beneficial owner, or subscriber of shares of a corporation, or any affiliate of such a holder, owner, or subscriber or of the corporation, for an obligation that is limited by Section 21.223 is exclusive and preempts any other liability imposed for that obligation under common law or otherwise.

  68. Tex. Business Organizations Code Sec. 21.225. EXCEPTIONS TO LIMITATIONS. Section 21.223 or 21.224 does not limit the obligation of a holder, beneficial owner, subscriber, or affiliate to the obligee of the corporation if that person:

  69. Tex. Business Organizations Code Sec. 21.226. PLEDGEES AND TRUST ADMINISTRATORS.

  70. Tex. Business Organizations Code Sec. 21.251. REDUCTION OF STATED CAPITAL BY REDEMPTION OR PURCHASE OF REDEEMABLE SHARES.

  71. Tex. Business Organizations Code Sec. 21.252. CANCELLATION OF TREASURY SHARES.

  72. Tex. Business Organizations Code Sec. 21.253. PROCEDURES FOR REDUCTION OF STATED CAPITAL BY BOARD OF DIRECTORS.

  73. Tex. Business Organizations Code Sec. 21.254. RESTRICTION ON REDUCTION OF STATED CAPITAL. The stated capital of a corporation may not be reduced under this subchapter if the amount of the aggregate stated capital of the corporation would be reduced to an amount equal to or less than the sum of the:

  74. Tex. Business Organizations Code Sec. 21.301. DEFINITIONS. In this subchapter:

  75. Tex. Business Organizations Code Sec. 21.302. AUTHORITY FOR DISTRIBUTIONS.

  76. Tex. Business Organizations Code Sec. 21.303. LIMITATIONS ON DISTRIBUTIONS.

  77. Tex. Business Organizations Code Sec. 21.304. REDEMPTIONS.

  78. Tex. Business Organizations Code Sec. 21.305. NOTICE OF REDEMPTION.

  79. Tex. Business Organizations Code Sec. 21.306. DEPOSIT OF MONEY FOR REDEMPTION.

  80. Tex. Business Organizations Code Sec. 21.307. PAYMENT OF REDEEMED SHARES.

  81. Tex. Business Organizations Code Sec. 21.308. PRIORITY OF DISTRIBUTIONS.

  82. Tex. Business Organizations Code Sec. 21.309. RESERVES, DESIGNATIONS, AND ALLOCATIONS FROM SURPLUS.

  83. Tex. Business Organizations Code Sec. 21.310. AUTHORITY FOR SHARE DIVIDENDS. The board of directors of a corporation may authorize a share dividend and the corporation may pay a share dividend subject to Section 21.311 and any restriction in its certificate of formation.

  84. Tex. Business Organizations Code Sec. 21.311. LIMITATIONS ON SHARE DIVIDENDS. A corporation may not pay a share dividend in authorized but unissued shares of any class if:

  85. Tex. Business Organizations Code Sec. 21.312. VALUE OF SHARES ISSUED AS SHARE DIVIDENDS.

  86. Tex. Business Organizations Code Sec. 21.313. TRANSFER OF SURPLUS FOR SHARE DIVIDENDS.

  87. Tex. Business Organizations Code Sec. 21.314. DETERMINATION OF SOLVENCY, NET ASSETS, STATED CAPITAL, AND SURPLUS.

  88. Tex. Business Organizations Code Sec. 21.315. DATE OF DETERMINATION OF SOLVENCY, NET ASSETS, STATED CAPITAL, AND SURPLUS.

  89. Tex. Business Organizations Code Sec. 21.316. LIABILITY OF DIRECTORS FOR WRONGFUL DISTRIBUTIONS.

  90. Tex. Business Organizations Code Sec. 21.317. STATUTE OF LIMITATIONS ON ACTION FOR WRONGFUL DISTRIBUTION. An action may not be brought against a director of a corporation under Section 21.316 after the second anniversary of the date the alleged act giving rise to the liability occurred.

  91. Tex. Business Organizations Code Sec. 21.318. CONTRIBUTION FROM CERTAIN SHAREHOLDERS AND DIRECTORS.

  92. Tex. Business Organizations Code Sec. 21.351. ANNUAL MEETING.

  93. Tex. Business Organizations Code Sec. 21.352. SPECIAL MEETINGS.

  94. Tex. Business Organizations Code Sec. 21.3521. SHAREHOLDER MEETINGS BY REMOTE COMMUNICATION. Except for any limitation or other requirements in the governing documents of the corporation, if a meeting of a corporation's shareholders under Section 21.351 or 21.352 is held by means of a telephone conference or other communication system authorized by Section 6.002, the meeting is considered to have satisfied the requirement of Section 6.002(a) that shareholders participating in the meeting be able to communicate with all other persons participating in the meeting if the corporation implements reasonable measures to provide each shareholder entitled to vote at the meeting, or the shareholder's proxyholder, a reasonable opportunity to:

  95. Tex. Business Organizations Code Sec. 21.353. NOTICE OF MEETING.

  96. Tex. Business Organizations Code Sec. 21.3531. NOTICE BY ELECTRONIC TRANSMISSION.

  97. Tex. Business Organizations Code Sec. 21.354. INSPECTION OF VOTING LIST.

  98. Tex. Business Organizations Code Sec. 21.355. CLOSING OF SHARE TRANSFER RECORDS. Share transfer records that are closed in accordance with Section 6.101 for the purpose of determining which shareholders are entitled to receive notice of a meeting of shareholders shall remain closed for at least 10 days immediately preceding the date of the meeting.

  99. Tex. Business Organizations Code Sec. 21.356. RECORD DATE FOR WRITTEN CONSENT TO ACTION. The record date provided in accordance with Section 6.102(a) may not be more than 10 days after the date on which the board of directors adopts the resolution setting the record date.

  100. Tex. Business Organizations Code Sec. 21.357. RECORD DATE FOR PURPOSE OF SHAREHOLDERS' MEETING. The record date for the purpose of determining shareholders entitled to notice of or to vote at a shareholders' meeting or any adjournment of the meeting, as provided by the directors in accordance with Section 6.101, must be at least 10 days before the date of the shareholders' meeting.

  101. Tex. Business Organizations Code Sec. 21.358. QUORUM.

  102. Tex. Business Organizations Code Sec. 21.359. VOTING IN ELECTION OF DIRECTORS.

  103. Tex. Business Organizations Code Sec. 21.360. NO CUMULATIVE VOTING RIGHT UNLESS AUTHORIZED. Except as provided by Section 21.361 or 21.362, a shareholder does not have the right to cumulate the shareholder's vote in the election of directors.

  104. Tex. Business Organizations Code Sec. 21.361. CUMULATIVE VOTING IN ELECTION OF DIRECTORS.

  105. Tex. Business Organizations Code Sec. 21.362. CUMULATIVE VOTING RIGHT IN CERTAIN CORPORATIONS. Except as provided by the corporation's certificate of formation, a shareholder of a corporation incorporated before September 1, 2003, has the right to cumulatively vote the number of shares the shareholder owns in the election of directors to the extent permitted and in the manner provided by Section 21.361. A corporation may limit or deny a shareholder's right to cumulatively vote shares at any time after September 1, 2003, by amending its certificate of formation.

  106. Tex. Business Organizations Code Sec. 21.363. VOTING ON MATTERS OTHER THAN ELECTION OF DIRECTORS.

  107. Tex. Business Organizations Code Sec. 21.364. VOTE REQUIRED TO APPROVE FUNDAMENTAL ACTION.

  108. Tex. Business Organizations Code Sec. 21.365. CHANGES IN VOTE REQUIRED FOR CERTAIN MATTERS.

  109. Tex. Business Organizations Code Sec. 21.366. NUMBER OF VOTES PER SHARE.

  110. Tex. Business Organizations Code Sec. 21.367. VOTING IN PERSON OR BY PROXY.

  111. Tex. Business Organizations Code Sec. 21.368. TERM OF PROXY. A proxy is not valid after 11 months after the date the proxy is executed unless otherwise provided by the proxy.

  112. Tex. Business Organizations Code Sec. 21.369. REVOCABILITY OF PROXY.

  113. Tex. Business Organizations Code Sec. 21.370. ENFORCEABILITY OF PROXY.

  114. Tex. Business Organizations Code Sec. 21.371. PROCEDURES IN BYLAWS RELATING TO PROXIES.

  115. Tex. Business Organizations Code Sec. 21.372. SHAREHOLDER MEETING LIST.

  116. Tex. Business Organizations Code Sec. 21.373. NATIONALLY LISTED CORPORATIONS: SHAREHOLDER PROPOSALS.

  117. Tex. Business Organizations Code Sec. 21.401. MANAGEMENT BY BOARD OF DIRECTORS.

  118. Tex. Business Organizations Code Sec. 21.402. BOARD MEMBER ELIGIBILITY REQUIREMENTS. Unless the certificate of formation or bylaws of a corporation provide otherwise, a director is not required to be a resident of this state or a shareholder of the corporation. The certificate of formation or bylaws may prescribe other qualifications for directors.

  119. Tex. Business Organizations Code Sec. 21.403. NUMBER OF DIRECTORS.

  120. Tex. Business Organizations Code Sec. 21.404. DESIGNATION OF INITIAL BOARD OF DIRECTORS. If the corporation is to be managed by a board of directors, the certificate of formation of a corporation must state the name and address of each individual who will serve as director until the first annual meeting of shareholders and until a successor is elected and qualified.

  121. Tex. Business Organizations Code Sec. 21.405. ELECTION OF BOARD OF DIRECTORS.

  122. Tex. Business Organizations Code Sec. 21.406. SPECIAL VOTING RIGHTS OF DIRECTORS.

  123. Tex. Business Organizations Code Sec. 21.407. TERM OF OFFICE. Except as otherwise provided by this subchapter, the term of office of a director extends from the date the director is elected and qualified or named in the corporation's certificate of formation until the next annual meeting of shareholders and until the director's successor is elected and qualified.

  124. Tex. Business Organizations Code Sec. 21.408. SPECIAL TERMS OF OFFICE.

  125. Tex. Business Organizations Code Sec. 21.409. REMOVAL OF DIRECTORS.

  126. Tex. Business Organizations Code Sec. 21.4091. RESIGNATION OF DIRECTORS.

  127. Tex. Business Organizations Code Sec. 21.410. VACANCY.

  128. Tex. Business Organizations Code Sec. 21.411. NOTICE OF MEETING.

  129. Tex. Business Organizations Code Sec. 21.412. WAIVER OF NOTICE.

  130. Tex. Business Organizations Code Sec. 21.413. QUORUM.

  131. Tex. Business Organizations Code Sec. 21.414. DISSENT TO OR ABSTENTION FROM ACTION.

  132. Tex. Business Organizations Code Sec. 21.415. ACTION BY DIRECTORS.

  133. Tex. Business Organizations Code Sec. 21.416. COMMITTEES OF BOARD OF DIRECTORS.

  134. Tex. Business Organizations Code Sec. 21.4161. DETERMINATION OF INDEPENDENT AND DISINTERESTED DIRECTORS.

  135. Tex. Business Organizations Code Sec. 21.417. ELECTION OF OFFICERS. The board of directors of a corporation shall elect a president and a secretary at the time and in the manner prescribed by the corporation's bylaws. Other officers, including assistant officers and agents as deemed necessary, may be elected in accordance with Section 3.103.

  136. Tex. Business Organizations Code Sec. 21.418. CONTRACTS OR TRANSACTIONS INVOLVING INTERESTED DIRECTORS AND OFFICERS.

  137. Tex. Business Organizations Code Sec. 21.419. PRESUMPTIONS FOR DIRECTORS AND OFFICERS OF CERTAIN CORPORATIONS.

  138. Tex. Business Organizations Code Sec. 21.451. DEFINITIONS. In this subchapter:

  139. Tex. Business Organizations Code Sec. 21.452. APPROVAL OF MERGER.

  140. Tex. Business Organizations Code Sec. 21.453. APPROVAL OF CONVERSION.

  141. Tex. Business Organizations Code Sec. 21.454. APPROVAL OF EXCHANGE.

  142. Tex. Business Organizations Code Sec. 21.455. APPROVAL OF SALE OF ALL OR SUBSTANTIALLY ALL OF ASSETS.

  143. Tex. Business Organizations Code Sec. 21.456. GENERAL PROCEDURE FOR SUBMISSION TO SHAREHOLDERS OF FUNDAMENTAL BUSINESS TRANSACTION.

  144. Tex. Business Organizations Code Sec. 21.457. GENERAL VOTE REQUIREMENT FOR APPROVAL OF FUNDAMENTAL BUSINESS TRANSACTION.

  145. Tex. Business Organizations Code Sec. 21.458. CLASS VOTING REQUIREMENTS FOR CERTAIN FUNDAMENTAL BUSINESS TRANSACTIONS.

  146. Tex. Business Organizations Code Sec. 21.459. NO SHAREHOLDER VOTE REQUIREMENT FOR CERTAIN FUNDAMENTAL BUSINESS TRANSACTIONS.

  147. Tex. Business Organizations Code Sec. 21.460. RIGHTS OF DISSENT AND APPRAISAL. A shareholder of a domestic corporation has the rights of dissent and appraisal under Subchapter H, Chapter 10, with respect to a fundamental business transaction.

  148. Tex. Business Organizations Code Sec. 21.461. PLEDGE, MORTGAGE, DEED OF TRUST, OR TRUST INDENTURE. Except as provided by the corporation's certificate of formation:

  149. Tex. Business Organizations Code Sec. 21.462. CONVEYANCE BY CORPORATION. A corporation may convey real property of the corporation when authorized by appropriate resolution of the board of directors.

  150. Tex. Business Organizations Code Sec. 21.501. APPROVAL OF VOLUNTARY WINDING UP, REINSTATEMENT, OR REVOCATION OF VOLUNTARY WINDING UP. A corporation must approve a voluntary winding up in accordance with Chapter 11, a reinstatement in accordance with Section 11.202, a cancellation of an event requiring winding up under Section 11.152(a), or revocation of a voluntary decision to wind up in accordance with Section 11.151 by complying with one of the procedures prescribed by this subchapter.

  151. Tex. Business Organizations Code Sec. 21.502. CERTAIN PROCEDURES RELATING TO WINDING UP. To approve a voluntary winding up, a reinstatement, a cancellation of an event requiring winding up, or a revocation of a voluntary decision to wind up, a corporation must follow one of the following procedures:

  152. Tex. Business Organizations Code Sec. 21.503. MEETING OF SHAREHOLDERS; NOTICE.

  153. Tex. Business Organizations Code Sec. 21.504. RESPONSIBILITY FOR WINDING UP. If a corporation determines or is required to wind up, the directors of the corporation shall manage the process of winding up the business or affairs of the corporation.

  154. Tex. Business Organizations Code Sec. 21.551. DEFINITIONS. In this subchapter:

  155. Tex. Business Organizations Code Sec. 21.552. STANDING TO BRING PROCEEDING.

  156. Tex. Business Organizations Code Sec. 21.553. DEMAND.

  157. Tex. Business Organizations Code Sec. 21.554. DETERMINATION BY DIRECTORS OR INDEPENDENT PERSONS.

  158. Tex. Business Organizations Code Sec. 21.555. STAY OF PROCEEDING.

  159. Tex. Business Organizations Code Sec. 21.556. DISCOVERY.

  160. Tex. Business Organizations Code Sec. 21.557. TOLLING OF STATUTE OF LIMITATIONS. A written demand filed with the corporation under Section 21.553 tolls the statute of limitations on the claim on which demand is made until the later of:

  161. Tex. Business Organizations Code Sec. 21.558. DISMISSAL OF DERIVATIVE PROCEEDING.

  162. Tex. Business Organizations Code Sec. 21.559. ALLEGATIONS AFTER DEMAND REJECTED. If a derivative proceeding is instituted after a demand is rejected, the petition must allege with particularity facts that establish that the rejection was not made in accordance with the requirements and standards under Sections 21.554 and 21.558.

  163. Tex. Business Organizations Code Sec. 21.560. DISCONTINUANCE OR SETTLEMENT.

  164. Tex. Business Organizations Code Sec. 21.561. PAYMENT OF EXPENSES.

  165. Tex. Business Organizations Code Sec. 21.562. APPLICATION TO FOREIGN CORPORATIONS.

  166. Tex. Business Organizations Code Sec. 21.563. CLOSELY HELD CORPORATION.

  167. Tex. Business Organizations Code Sec. 21.601. DEFINITIONS. In this subchapter:

  168. Tex. Business Organizations Code Sec. 21.602. AFFILIATED SHAREHOLDER.

  169. Tex. Business Organizations Code Sec. 21.603. BENEFICIAL OWNER OF SHARES OR OTHER SECURITIES.

  170. Tex. Business Organizations Code Sec. 21.604. BUSINESS COMBINATION. A business combination is:

  171. Tex. Business Organizations Code Sec. 21.605. CONTROL.

  172. Tex. Business Organizations Code Sec. 21.606. THREE-YEAR MORATORIUM ON CERTAIN BUSINESS COMBINATIONS. An issuing public corporation may not, directly or indirectly, enter into or engage in a business combination with an affiliated shareholder, or any affiliate or associate of the affiliated shareholder, during the three-year period immediately following the affiliated shareholder's share acquisition date unless:

  173. Tex. Business Organizations Code Sec. 21.607. APPLICATION OF MORATORIUM. Section 21.606 does not apply to:

  174. Tex. Business Organizations Code Sec. 21.608. EFFECT ON OTHER ACTIONS.

  175. Tex. Business Organizations Code Sec. 21.609. CONFLICTING PROVISIONS. If this subchapter conflicts with another provision of this code, this subchapter controls.

  176. Tex. Business Organizations Code Sec. 21.610. CHANGE IN VOTING REQUIREMENTS. The affirmative vote or concurrence of shareholders required for approval of an action that is required to be submitted to a vote of the shareholders under this subchapter may be increased but not decreased under Section 21.365.

  177. Tex. Business Organizations Code Sec. 21.651. DEFINITION. In this subchapter, "investment company" means a corporation registered as an open-end company under the Investment Company Act.

  178. Tex. Business Organizations Code Sec. 21.652. ESTABLISHING CLASS OR SERIES OF SHARES; CHANGE IN NUMBER OF SHARES.

  179. Tex. Business Organizations Code Sec. 21.653. REQUIRED STATEMENT RELATING TO SHARES.

  180. Tex. Business Organizations Code Sec. 21.654. TERM OF OFFICE OF DIRECTORS. Unless the director resigns or is removed in accordance with the certificate of formation or bylaws of the investment company, a director of an investment company shall serve as director for the term for which the director is elected and holds office until a successor is elected and qualifies.

  181. Tex. Business Organizations Code Sec. 21.655. MEETINGS OF SHAREHOLDERS.

  182. Tex. Business Organizations Code Sec. 21.701. DEFINITIONS. In this subchapter and Subchapter P:

  183. Tex. Business Organizations Code Sec. 21.702. APPLICABILITY OF SUBCHAPTER.

  184. Tex. Business Organizations Code Sec. 21.703. FORMATION OF CLOSE CORPORATION. A close corporation shall be formed in accordance with Chapter 3.

  185. Tex. Business Organizations Code Sec. 21.704. BYLAWS OF CLOSE CORPORATION.

  186. Tex. Business Organizations Code Sec. 21.705. ADOPTION OF AMENDMENT FOR CLOSE CORPORATION STATUS.

  187. Tex. Business Organizations Code Sec. 21.706. ADOPTION OF CLOSE CORPORATION STATUS THROUGH MERGER, EXCHANGE, OR CONVERSION.

  188. Tex. Business Organizations Code Sec. 21.707. EXISTING CLOSE CORPORATION.

  189. Tex. Business Organizations Code Sec. 21.708. TERMINATION OF CLOSE CORPORATION STATUS. A close corporation may terminate its status as a close corporation by:

  190. Tex. Business Organizations Code Sec. 21.709. STATEMENT TERMINATING CLOSE CORPORATION STATUS; FILING; NOTICE.

  191. Tex. Business Organizations Code Sec. 21.710. EFFECT OF TERMINATION OF CLOSE CORPORATION STATUS.

  192. Tex. Business Organizations Code Sec. 21.711. SHAREHOLDERS' MEETING TO ELECT DIRECTORS. A shareholders' meeting required by Section 21.710(c)(2) shall be promptly called after the termination of close corporation status takes effect. If a meeting is not called before the 31st day after the date the termination takes effect, a shareholder may call a shareholders' meeting on the provision of notice required by Section 21.353, regardless of whether the shareholder is entitled to call a shareholders' meeting or vote at the meeting. At the meeting, the shareholders shall elect the number of directors specified in the certificate of formation or bylaws of the corporation or, in the absence of any specification, three directors.

  193. Tex. Business Organizations Code Sec. 21.712. TERM OF OFFICE OF DIRECTORS. A director succeeding to the management of the corporation under Section 21.710(c) shall have a term of office as set forth in Section 21.408. Until a board of directors is elected, the shareholders of the corporation shall act as the corporation's board of directors, and the business and affairs of the corporation shall be conducted under Section 21.726.

  194. Tex. Business Organizations Code Sec. 21.713. MANAGEMENT. A close corporation shall be managed:

  195. Tex. Business Organizations Code Sec. 21.714. SHAREHOLDERS' AGREEMENT.

  196. Tex. Business Organizations Code Sec. 21.715. EXECUTION OF SHAREHOLDERS' AGREEMENT. A shareholders' agreement shall be executed:

  197. Tex. Business Organizations Code Sec. 21.716. ADOPTION OF AMENDMENT OF SHAREHOLDERS' AGREEMENT. Unless otherwise provided by a shareholders' agreement, an amendment to the shareholders' agreement of a close corporation may be adopted only by the written consent of each person who would be required to execute the shareholders' agreement if it were being executed originally at the time of adoption of the amendment, regardless of whether the person has voting power in the close corporation.

  198. Tex. Business Organizations Code Sec. 21.717. DELIVERY OF SHAREHOLDERS' AGREEMENT.

  199. Tex. Business Organizations Code Sec. 21.718. STATEMENT OF OPERATION AS CLOSE CORPORATION.

  200. Tex. Business Organizations Code Sec. 21.719. VALIDITY AND ENFORCEABILITY OF SHAREHOLDERS' AGREEMENT.

  201. Tex. Business Organizations Code Sec. 21.720. PERSONS BOUND BY SHAREHOLDERS' AGREEMENT.

  202. Tex. Business Organizations Code Sec. 21.721. DELIVERY OF COPY OF SHAREHOLDERS' AGREEMENT TO TRANSFEREE.

  203. Tex. Business Organizations Code Sec. 21.722. EFFECT OF REQUIRED STATEMENT ON SHARE CERTIFICATE AND DELIVERY OF SHAREHOLDERS' AGREEMENT. If a certificate representing shares of a close corporation contains the statement required by Section 21.732, and a complete copy of each shareholders' agreement has been delivered as required by Section 21.717, each holder, transferee, or other person claiming an interest in the shares of the close corporation is conclusively presumed to have knowledge of a close corporation provision in effect at the time of the transfer.

  204. Tex. Business Organizations Code Sec. 21.723. PARTY NOT BOUND BY SHAREHOLDERS' AGREEMENT ON CESSATION; LIABILITY.

  205. Tex. Business Organizations Code Sec. 21.724. TERMINATION OF SHAREHOLDERS' AGREEMENT.

  206. Tex. Business Organizations Code Sec. 21.725. CONSEQUENCES OF MANAGEMENT BY PERSONS OTHER THAN BOARD OF DIRECTORS. Sections 21.726-21.729 apply only to a close corporation the business and affairs of which are managed wholly or partly by the shareholders of the close corporation or any other person as provided by a shareholders' agreement rather than solely by a board of directors.

  207. Tex. Business Organizations Code Sec. 21.726. SHAREHOLDERS CONSIDERED DIRECTORS.

  208. Tex. Business Organizations Code Sec. 21.727. LIABILITY OF SHAREHOLDERS. The shareholders of a close corporation described by Section 21.725 are subject to any liability imposed on a director of a corporation by this chapter or other law for a managerial act of or omission made by the shareholders or any other person empowered to manage the business and affairs of the close corporation under a shareholders' agreement and relating to the business and affairs of the close corporation, if the action is required by law to be undertaken by the board of directors.

  209. Tex. Business Organizations Code Sec. 21.728. MODE AND EFFECT OF TAKING ACTION BY SHAREHOLDERS AND OTHERS.

  210. Tex. Business Organizations Code Sec. 21.729. LIMITATION OF SHAREHOLDER'S LIABILITY.

  211. Tex. Business Organizations Code Sec. 21.730. LACK OF FORMALITIES; TREATMENT AS PARTNERSHIP. The failure of a close corporation under this subchapter to observe a usual formality or requirement prescribed for an ordinary corporation by this chapter relating to the exercise of corporate powers or the management of a corporation's business and affairs and the performance of a shareholders' agreement that treats the close corporation as if the corporation were a partnership or in a manner that otherwise is appropriate only among partners may not:

  212. Tex. Business Organizations Code Sec. 21.731. OTHER AGREEMENTS AMONG SHAREHOLDERS PERMITTED. Sections 21.713-21.730 do not prohibit or impair any other agreement between two or more shareholders of an ordinary corporation permitted by this chapter or other law.

  213. Tex. Business Organizations Code Sec. 21.732. CLOSE CORPORATION SHARE CERTIFICATES.

  214. Tex. Business Organizations Code Sec. 21.751. DEFINITIONS. In this subchapter:

  215. Tex. Business Organizations Code Sec. 21.752. PROCEEDINGS AUTHORIZED. In addition to any other judicial proceeding pertaining to an ordinary corporation provided for by this chapter or other law, a close corporation or shareholder may institute a proceeding in a district court in the county in which the principal office of the close corporation is located to:

  216. Tex. Business Organizations Code Sec. 21.753. NOTICE; INTERVENTION.

  217. Tex. Business Organizations Code Sec. 21.754. PROCEEDING NONEXCLUSIVE. Except as provided by Section 21.755, the right of a close corporation or a shareholder to institute a proceeding under Section 21.752 is in addition to another right or remedy the plaintiff is entitled to under law.

  218. Tex. Business Organizations Code Sec. 21.755. UNAVAILABILITY OF JUDICIAL PROCEEDING.

  219. Tex. Business Organizations Code Sec. 21.756. JUDICIAL PROCEEDING TO ENFORCE CLOSE CORPORATION PROVISION.

  220. Tex. Business Organizations Code Sec. 21.757. LIQUIDATION; INVOLUNTARY WINDING UP AND TERMINATION; RECEIVERSHIP. Except as provided by Section 21.756, in a case in which a shareholder is entitled to wind up and terminate a close corporation under a shareholders' agreement, a court may not order liquidation, involuntary termination, or receivership under that section unless the court determines that any other remedy in law or equity, including appointment of a provisional director, custodian, or other type of receiver, is inadequate.

  221. Tex. Business Organizations Code Sec. 21.758. APPOINTMENT OF PROVISIONAL DIRECTOR.

  222. Tex. Business Organizations Code Sec. 21.759. RIGHTS AND POWERS OF PROVISIONAL DIRECTOR. A provisional director has all the rights and powers of an elected director of the close corporation, or the rights of vote or consent of a shareholder and other rights and powers of shareholders or other persons who have been empowered to manage the business and affairs of the close corporation under a shareholders' agreement with the voting power provided by court order, including the right to notice of, and to vote at, meetings of directors or shareholders.

  223. Tex. Business Organizations Code Sec. 21.760. COMPENSATION OF PROVISIONAL DIRECTOR.

  224. Tex. Business Organizations Code Sec. 21.761. APPOINTMENT OF CUSTODIAN.

  225. Tex. Business Organizations Code Sec. 21.762. POWERS AND DUTIES OF CUSTODIAN. A person who qualifies as a custodian has all of the powers and duties and the title of a receiver appointed under Sections 11.404-11.406. The custodian shall continue the business of the close corporation and may not liquidate the affairs or distribute the assets of the close corporation, except as provided by court order or Section 21.761(a)(3).

  226. Tex. Business Organizations Code Sec. 21.763. TERMINATION OF CUSTODIANSHIP. If the condition requiring the appointment of a custodian is remedied other than by liquidation or winding up and termination, the court shall terminate the custodianship immediately and management of the close corporation shall be restored to the directors or shareholders of the close corporation or to the persons empowered to manage the business and affairs of the close corporation under a shareholders' agreement.

  227. Tex. Business Organizations Code Sec. 21.801. SHARES AND OTHER SECURITIES ARE PERSONAL PROPERTY. Except as otherwise provided by this code, the shares and other securities of a corporation are personal property.

  228. Tex. Business Organizations Code Sec. 21.802. PENALTIES FOR LATE FILING OF CERTAIN INSTRUMENTS.

  229. Tex. Business Organizations Code Sec. 21.901. DEFINITIONS. In this subchapter:

  230. Tex. Business Organizations Code Sec. 21.902. RATIFICATION OF DEFECTIVE CORPORATE ACT AND PUTATIVE SHARES.

  231. Tex. Business Organizations Code Sec. 21.903. RATIFICATION OF DEFECTIVE CORPORATE ACT; ADOPTION OF RESOLUTIONS.

  232. Tex. Business Organizations Code Sec. 21.904. QUORUM AND VOTING REQUIREMENTS FOR ADOPTION OF RESOLUTIONS.

  233. Tex. Business Organizations Code Sec. 21.905. SHAREHOLDER APPROVAL OF RATIFIED DEFECTIVE CORPORATE ACT REQUIRED; EXCEPTION. Each defective corporate act ratified under Section 21.903 must be submitted to shareholders for approval as provided by Sections 21.906 and 21.907, unless:

  234. Tex. Business Organizations Code Sec. 21.906. NOTICE REQUIREMENTS FOR RATIFIED DEFECTIVE CORPORATE ACT SUBMITTED FOR SHAREHOLDER APPROVAL.

  235. Tex. Business Organizations Code Sec. 21.907. SHAREHOLDER MEETING; QUORUM AND VOTING.

  236. Tex. Business Organizations Code Sec. 21.908. CERTIFICATE OF VALIDATION.

  237. Tex. Business Organizations Code Sec. 21.909. ADOPTION OF RESOLUTIONS; EFFECT ON DEFECTIVE CORPORATE ACT. On or after the validation effective time, unless determined otherwise in an action brought under Section 21.914 and subject to Sections 21.902(b) and 21.907(e), each defective corporate act ratified in accordance with this subchapter may not be considered ineffective, void, or voidable as a result of the failure of authorization described by the resolutions adopted under Sections 21.903 and 21.904, and the effect shall be retroactive to the time of the defective corporate act.

  238. Tex. Business Organizations Code Sec. 21.910. ADOPTION OF RESOLUTIONS; EFFECT ON PUTATIVE SHARES. On or after the validation effective time, unless determined otherwise in an action brought under Section 21.914 and subject to Sections 21.902(b) and 21.907(e), each putative share or fraction of a putative share issued or purportedly issued pursuant to a defective corporate act ratified in accordance with this subchapter and described by the resolutions adopted under Sections 21.903 and 21.904 may not be considered ineffective, void, or voidable and is considered to be an identical share or fraction of a share outstanding as of the time it was purportedly issued.

  239. Tex. Business Organizations Code Sec. 21.911. NOTICE TO SHAREHOLDERS FOLLOWING RATIFICATION OF DEFECTIVE CORPORATE ACT.

  240. Tex. Business Organizations Code Sec. 21.912. VALID SHARES OR PUTATIVE SHARES. In the absence of actual fraud in the transaction, the judgment of the board of directors of a corporation that shares of the corporation are valid shares or putative shares is conclusive, unless otherwise determined by the district court in a proceeding brought under Section 21.914.

  241. Tex. Business Organizations Code Sec. 21.913. RATIFICATION PROCEDURES OR COURT PROCEEDINGS CONCERNING VALIDATION NOT EXCLUSIVE.

  242. Tex. Business Organizations Code Sec. 21.914. PROCEEDING REGARDING VALIDITY OF DEFECTIVE CORPORATE ACTS AND SHARES.

  243. Tex. Business Organizations Code Sec. 21.915. EXCLUSIVE JURISDICTION. Subject to Section 1.056, the district court has exclusive jurisdiction to hear and determine any action brought under Section 21.914.

  244. Tex. Business Organizations Code Sec. 21.916. SERVICE.

  245. Tex. Business Organizations Code Sec. 21.917. STATUTE OF LIMITATIONS.

  246. Tex. Business Organizations Code Sec. 21.951. LAW APPLICABLE TO PUBLIC BENEFIT CORPORATIONS; FORMATION.

  247. Tex. Business Organizations Code Sec. 21.952. DEFINITIONS. In this subchapter:

  248. Tex. Business Organizations Code Sec. 21.953. PURPOSE OF PUBLIC BENEFIT CORPORATION; NAME OF CORPORATION.

  249. Tex. Business Organizations Code Sec. 21.954. CERTAIN AMENDMENTS, MERGERS, EXCHANGES, AND CONVERSIONS; VOTER APPROVAL REQUIRED.

  250. Tex. Business Organizations Code Sec. 21.955. STOCK CERTIFICATES; NOTICES REGARDING UNCERTIFICATED STOCK.

  251. Tex. Business Organizations Code Sec. 21.956. DUTIES OF DIRECTORS.

  252. Tex. Business Organizations Code Sec. 21.957. PERIODIC STATEMENTS.

  253. Tex. Business Organizations Code Sec. 21.958. DERIVATIVE SUITS.

  254. Tex. Business Organizations Code Sec. 21.959. NO EFFECT ON OTHER CORPORATIONS. Except as provided by Section 21.954, this subchapter does not apply to a corporation that is not a public benefit corporation.

Chapter 22

  1. Tex. Business Organizations Code Sec. 22.001. DEFINITIONS. In this chapter:

  2. Tex. Business Organizations Code Sec. 22.002. MEETINGS BY REMOTE COMMUNICATIONS TECHNOLOGY. A meeting of the members of a corporation, the board of directors of a corporation, or any committee designated by the board of directors of a corporation may be held by means of a conference telephone or similar communications equipment, another suitable electronic communications system, including videoconferencing technology or the Internet, or any combination of those means, in accordance with Section 6.002.

  3. Tex. Business Organizations Code Sec. 22.051. GENERAL PURPOSES. A nonprofit corporation may be formed for any lawful purpose or purposes not expressly prohibited under this chapter or Chapter 2, including any purpose described by Section 2.002.

  4. Tex. Business Organizations Code Sec. 22.052. DENTAL HEALTH SERVICE CORPORATION.

  5. Tex. Business Organizations Code Sec. 22.053. DIVIDENDS PROHIBITED. Except as provided by Section 22.054, a dividend may not be paid to, and no part of the income of a corporation may be distributed to, the corporation's members, directors, or officers.

  6. Tex. Business Organizations Code Sec. 22.054. AUTHORIZED BENEFITS AND DISTRIBUTIONS. A corporation may:

  7. Tex. Business Organizations Code Sec. 22.055. POWER TO ASSIST EMPLOYEE OR OFFICER.

  8. Tex. Business Organizations Code Sec. 22.056. HEALTH ORGANIZATION CORPORATION.

  9. Tex. Business Organizations Code Sec. 22.0561. CORPORATIONS FORMED BY PHYSICIANS AND PHYSICIAN ASSISTANTS.

  10. Tex. Business Organizations Code Sec. 22.101. INCORPORATION OF CERTAIN ORGANIZATIONS. A religious society, a charitable, benevolent, literary, or social association, or a church may incorporate as a corporation governed by this chapter with the consent of a majority of its members. Those members shall authorize the organizers to execute the certificate of formation.

  11. Tex. Business Organizations Code Sec. 22.102. BYLAWS.

  12. Tex. Business Organizations Code Sec. 22.103. INCONSISTENCY BETWEEN CERTIFICATE OF FORMATION AND BYLAW.

  13. Tex. Business Organizations Code Sec. 22.104. ORGANIZATION MEETING.

  14. Tex. Business Organizations Code Sec. 22.105. PROCEDURES TO ADOPT AMENDMENT TO CERTIFICATE OF FORMATION BY MEMBERS HAVING VOTING RIGHTS.

  15. Tex. Business Organizations Code Sec. 22.106. PROCEDURES TO ADOPT AMENDMENT TO CERTIFICATE OF FORMATION BY MANAGING MEMBERS.

  16. Tex. Business Organizations Code Sec. 22.107. PROCEDURES TO ADOPT AMENDMENT TO CERTIFICATE OF FORMATION BY BOARD OF DIRECTORS.

  17. Tex. Business Organizations Code Sec. 22.108. NUMBER OF AMENDMENTS SUBJECT TO VOTE AT MEETING. Any number of amendments to the corporation's certificate of formation may be submitted to and voted on by a corporation's members at any one meeting of the members.

  18. Tex. Business Organizations Code Sec. 22.109. RESTATED CERTIFICATE OF FORMATION.

  19. Tex. Business Organizations Code Sec. 22.151. MEMBERS.

  20. Tex. Business Organizations Code Sec. 22.152. IMMUNITY FROM LIABILITY. The members of a corporation are not personally liable for a debt, liability, or obligation of the corporation.

  21. Tex. Business Organizations Code Sec. 22.153. ANNUAL MEETING.

  22. Tex. Business Organizations Code Sec. 22.154. FAILURE TO CALL ANNUAL MEETING.

  23. Tex. Business Organizations Code Sec. 22.155. SPECIAL MEETINGS OF MEMBERS. A special meeting of the members of a corporation may be called by:

  24. Tex. Business Organizations Code Sec. 22.156. NOTICE OF MEETING.

  25. Tex. Business Organizations Code Sec. 22.157. SPECIAL BYLAWS AFFECTING NOTICE.

  26. Tex. Business Organizations Code Sec. 22.158. PREPARATION AND INSPECTION OF LIST OF VOTING MEMBERS.

  27. Tex. Business Organizations Code Sec. 22.159. QUORUM OF MEMBERS.

  28. Tex. Business Organizations Code Sec. 22.160. VOTING OF MEMBERS.

  29. Tex. Business Organizations Code Sec. 22.161. ELECTION OF DIRECTORS.

  30. Tex. Business Organizations Code Sec. 22.162. GREATER VOTING REQUIREMENTS UNDER CERTIFICATE OF FORMATION. If the corporation's certificate of formation requires the vote or concurrence of a greater proportion of the members of a corporation than is required by this chapter with respect to an action to be taken by the members, the certificate of formation controls.

  31. Tex. Business Organizations Code Sec. 22.163. RECORD DATE FOR DETERMINATION OF MEMBERS.

  32. Tex. Business Organizations Code Sec. 22.164. VOTE REQUIRED TO APPROVE FUNDAMENTAL ACTION.

  33. Tex. Business Organizations Code Sec. 22.201. MANAGEMENT BY BOARD OF DIRECTORS. Except as provided by Section 22.202, the affairs of a corporation are managed by a board of directors. The board of directors may be designated by any name appropriate to the customs, usages, or tenets of the corporation.

  34. Tex. Business Organizations Code Sec. 22.202. MANAGEMENT BY MEMBERS.

  35. Tex. Business Organizations Code Sec. 22.203. BOARD MEMBER ELIGIBILITY REQUIREMENTS. A director of a corporation is not required to be a resident of this state or a member of the corporation unless the certificate of formation or a bylaw of the corporation imposes that requirement. The certificate of formation or bylaws may prescribe other qualifications for directors.

  36. Tex. Business Organizations Code Sec. 22.204. NUMBER OF DIRECTORS.

  37. Tex. Business Organizations Code Sec. 22.205. DESIGNATION OF INITIAL BOARD OF DIRECTORS. If the corporation is to be managed by a board of directors, the certificate of formation of a corporation must state the names of the members of the initial board of directors of the corporation.

  38. Tex. Business Organizations Code Sec. 22.206. ELECTION OR APPOINTMENT OF BOARD OF DIRECTORS. Directors other than the initial directors are elected, appointed, or designated in the manner provided by the certificate of formation or bylaws. If the method of election, designation, or appointment is not provided by the certificate of formation or bylaws, directors other than the initial directors are elected by the board of directors.

  39. Tex. Business Organizations Code Sec. 22.207. ELECTION AND CONTROL BY CERTAIN ENTITIES.

  40. Tex. Business Organizations Code Sec. 22.208. TERM OF OFFICE.

  41. Tex. Business Organizations Code Sec. 22.209. CLASSIFICATION OF DIRECTORS. Directors may be divided into classes. The terms of office of the several classes are not required to be uniform.

  42. Tex. Business Organizations Code Sec. 22.210. NON-DIRECTOR RIGHTS AND LIMITATIONS. The certificate of formation or bylaws of a corporation may provide that a person who is not a director is entitled to receive notice of and to attend meetings of the board of directors. By having those rights, the person does not have the authority, duties, or liabilities of a director and is not a governing person of the corporation.

  43. Tex. Business Organizations Code Sec. 22.211. REMOVAL OF DIRECTOR.

  44. Tex. Business Organizations Code Sec. 22.2111. RESIGNATION OF DIRECTOR. Except as provided by the certificate of formation or bylaws, a director of a corporation may resign at any time by providing written notice to the corporation.

  45. Tex. Business Organizations Code Sec. 22.212. VACANCY.

  46. Tex. Business Organizations Code Sec. 22.213. QUORUM.

  47. Tex. Business Organizations Code Sec. 22.214. ACTION BY DIRECTORS. The act of a majority of the directors present in person or by proxy at a meeting at which a quorum is present at the time of the act is the act of the board of directors of a corporation, unless the act of a greater number is required by the certificate of formation or bylaws of the corporation.

  48. Tex. Business Organizations Code Sec. 22.215. VOTING IN PERSON OR BY PROXY. A director of a corporation may vote in person or, if authorized by the certificate of formation or bylaws of the corporation, by proxy executed in writing by the director.

  49. Tex. Business Organizations Code Sec. 22.216. TERM AND REVOCABILITY OF PROXY.

  50. Tex. Business Organizations Code Sec. 22.217. NOTICE OF MEETING; WAIVER OF NOTICE.

  51. Tex. Business Organizations Code Sec. 22.218. MANAGEMENT COMMITTEE.

  52. Tex. Business Organizations Code Sec. 22.219. OTHER COMMITTEES.

  53. Tex. Business Organizations Code Sec. 22.220. ACTION WITHOUT MEETING OF DIRECTORS OR COMMITTEE.

  54. Tex. Business Organizations Code Sec. 22.221. GENERAL STANDARDS FOR DIRECTORS.

  55. Tex. Business Organizations Code Sec. 22.222. RELIGIOUS CORPORATION DIRECTOR'S GOOD FAITH RELIANCE ON CERTAIN INFORMATION. A director of a religious corporation, in the discharge of a duty imposed or power conferred on the director, including a duty imposed or power conferred as a committee member, may rely in good faith on information or on an opinion, report, or statement, including a financial statement or other financial data, concerning the corporation or another person that was prepared or presented by:

  56. Tex. Business Organizations Code Sec. 22.223. NOT A TRUSTEE. A director of a corporation is not considered to have the duties of a trustee of a trust with respect to the corporation or with respect to property held or administered by the corporation, including property subject to restrictions imposed by the donor or transferor of the property.

  57. Tex. Business Organizations Code Sec. 22.224. DELEGATION OF INVESTMENT AUTHORITY.

  58. Tex. Business Organizations Code Sec. 22.225. LOAN TO DIRECTOR PROHIBITED.

  59. Tex. Business Organizations Code Sec. 22.226. DIRECTOR LIABILITY FOR CERTAIN DISTRIBUTIONS OF ASSETS.

  60. Tex. Business Organizations Code Sec. 22.227. DISSENT TO OR ABSTENTION FROM ACTION.

  61. Tex. Business Organizations Code Sec. 22.228. RELIANCE ON WRITTEN OPINION OF ATTORNEY. A director is not liable under Section 22.226 or 22.227 if, in the exercise of ordinary care, the director acted in good faith and in reliance on the written opinion of an attorney for the corporation.

  62. Tex. Business Organizations Code Sec. 22.229. RIGHT TO CONTRIBUTION. A director against whom a claim is asserted under Section 22.226 or 22.227 and who is held liable on the claim is entitled to contribution from persons who accepted or received the distribution knowing the distribution to have been made in violation of that section, in proportion to the amounts received by those persons.

  63. Tex. Business Organizations Code Sec. 22.230. CONTRACTS OR TRANSACTIONS INVOLVING INTERESTED DIRECTORS, OFFICERS, AND MEMBERS.

  64. Tex. Business Organizations Code Sec. 22.231. OFFICERS.

  65. Tex. Business Organizations Code Sec. 22.232. ELECTION OR APPOINTMENT OF OFFICERS.

  66. Tex. Business Organizations Code Sec. 22.233. APPLICATION TO CHURCH. A corporation that is a church is not required to have officers as provided by this subchapter. The duties and responsibilities of the officers may be vested in the corporation's board of directors or other designated body in any manner provided for by the certificate of formation or bylaws of the corporation.

  67. Tex. Business Organizations Code Sec. 22.234. RELIGIOUS CORPORATION OFFICER'S GOOD FAITH RELIANCE ON CERTAIN INFORMATION. An officer of a religious corporation, in the discharge of a duty imposed or power conferred on the officer, may rely in good faith and with ordinary care on information or on an opinion, report, or statement, including a financial statement or other financial data, concerning the corporation or another person that was prepared or presented by:

  68. Tex. Business Organizations Code Sec. 22.235. OFFICER LIABILITY.

  69. Tex. Business Organizations Code Sec. 22.251. APPROVAL OF MERGER.

  70. Tex. Business Organizations Code Sec. 22.252. APPROVAL OF SALE OF ALL OR SUBSTANTIALLY ALL OF ASSETS.

  71. Tex. Business Organizations Code Sec. 22.253. MEETING OF MEMBERS; NOTICE.

  72. Tex. Business Organizations Code Sec. 22.254. PLEDGE, MORTGAGE, DEED OF TRUST, OR TRUST INDENTURE.

  73. Tex. Business Organizations Code Sec. 22.255. CONVEYANCE BY CORPORATION. A corporation may convey real property of the corporation when authorized by appropriate resolution of the board of directors or members.

  74. Tex. Business Organizations Code Sec. 22.256. APPROVAL OF CONVERSION.

  75. Tex. Business Organizations Code Sec. 22.257. APPROVAL OF EXCHANGE.

  76. Tex. Business Organizations Code Sec. 22.301. APPROVAL OF VOLUNTARY WINDING UP, REINSTATEMENT, REVOCATION OF VOLUNTARY WINDING UP, OR DISTRIBUTION PLAN. A corporation must approve a voluntary winding up in accordance with Chapter 11, a reinstatement in accordance with Section 11.202, a cancellation of an event requiring winding up under Section 11.152(a), a revocation of a voluntary decision to wind up in accordance with Section 11.151, or a distribution plan in accordance with Section 22.305 by complying with the procedures prescribed by this subchapter.

  77. Tex. Business Organizations Code Sec. 22.302. CERTAIN PROCEDURES FOR APPROVAL. To approve a voluntary winding up, a reinstatement, a cancellation of an event requiring winding up, a revocation of a voluntary decision to wind up, or a distribution plan, a corporation must follow the following procedures:

  78. Tex. Business Organizations Code Sec. 22.303. MEETING OF MEMBERS; NOTICE.

  79. Tex. Business Organizations Code Sec. 22.304. APPLICATION AND DISTRIBUTION OF PROPERTY.

  80. Tex. Business Organizations Code Sec. 22.305. DISTRIBUTION PLAN. A plan providing for the distribution of property may be adopted by a corporation in the process of winding up, and shall be adopted by a corporation to authorize a transfer or conveyance of assets for which this chapter requires a plan of distribution, in the manner provided by this subchapter.

  81. Tex. Business Organizations Code Sec. 22.307. RESPONSIBILITY FOR WINDING UP. If a corporation determines or is required to wind up, the winding up of the corporation's affairs shall be managed by:

  82. Tex. Business Organizations Code Sec. 22.351. MEMBER'S RIGHT TO INSPECT BOOKS AND RECORDS. A member of a corporation, on written demand stating the purpose of the demand, is entitled to examine and copy at the member's expense, in person or by agent, accountant, or attorney, at any reasonable time and for a proper purpose, the books and records of the corporation relevant to that purpose.

  83. Tex. Business Organizations Code Sec. 22.352. FINANCIAL RECORDS AND ANNUAL REPORTS.

  84. Tex. Business Organizations Code Sec. 22.353. AVAILABILITY OF FINANCIAL INFORMATION FOR PUBLIC INSPECTION.

  85. Tex. Business Organizations Code Sec. 22.354. FAILURE TO MAINTAIN FINANCIAL RECORD OR PREPARE ANNUAL REPORT; OFFENSE.

  86. Tex. Business Organizations Code Sec. 22.355. EXEMPTIONS FROM CERTAIN REQUIREMENTS RELATING TO FINANCIAL RECORDS AND ANNUAL REPORTS. Sections 22.352, 22.353, and 22.354 do not apply to:

  87. Tex. Business Organizations Code Sec. 22.356. CORPORATIONS ASSISTING STATE AGENCIES.

  88. Tex. Business Organizations Code Sec. 22.357. REPORT OF DOMESTIC AND FOREIGN CORPORATIONS.

  89. Tex. Business Organizations Code Sec. 22.358. NOTICE REGARDING REPORT.

  90. Tex. Business Organizations Code Sec. 22.359. FILING OF REPORT. A copy of the report must be filed with the secretary of state in accordance with Chapter 4 not later than the 30th day after the date notice is mailed under Section 22.358.

  91. Tex. Business Organizations Code Sec. 22.360. FAILURE TO FILE REPORT.

  92. Tex. Business Organizations Code Sec. 22.361. NOTICE OF FORFEITURE. Notice of forfeiture under Section 22. 360 shall be mailed to the corporation's registered agent at the registered office or to the corporation at:

  93. Tex. Business Organizations Code Sec. 22.362. EFFECT OF FORFEITURE.

  94. Tex. Business Organizations Code Sec. 22.363. REVIVAL OF RIGHT TO CONDUCT AFFAIRS.

  95. Tex. Business Organizations Code Sec. 22.364. FAILURE TO REVIVE; TERMINATION OR REVOCATION.

  96. Tex. Business Organizations Code Sec. 22.365. REINSTATEMENT.

  97. Tex. Business Organizations Code Sec. 22.401. DEFINITION. In this chapter, "church benefits board" means an organization described by Section 414(e)(3)(A), Internal Revenue Code, that:

  98. Tex. Business Organizations Code Sec. 22.402. PENSIONS AND BENEFITS. When authorized by the corporation's members or as otherwise provided by law, a domestic or foreign nonprofit corporation formed for a religious purpose may provide, directly or through a separate church benefits board, for the support and payment of benefits and pensions to:

  99. Tex. Business Organizations Code Sec. 22.403. CONTRIBUTIONS.

  100. Tex. Business Organizations Code Sec. 22.404. POWER TO ACT AS TRUSTEE. A church benefits board may act as:

  101. Tex. Business Organizations Code Sec. 22.405. DOCUMENTS AND AGREEMENTS. A church benefits board may provide to a program participant a certificate or agreement of participation, a debenture, or an indemnification agreement, as appropriate to accomplish the purposes of the board.

  102. Tex. Business Organizations Code Sec. 22.406. INDEMNIFICATION. A church benefits board, or an affiliate wholly owned by the board, may agree to indemnify against damage or risk of loss:

  103. Tex. Business Organizations Code Sec. 22.407. PROTECTION OF BENEFITS.

  104. Tex. Business Organizations Code Sec. 22.408. ASSIGNMENT OF BENEFITS. An assignment or transfer or an attempt to make an assignment or transfer by a beneficiary of money, benefits, or other rights under a plan or program under this subchapter is void if:

  105. Tex. Business Organizations Code Sec. 22.409. INSURANCE CODE NOT APPLICABLE. The Insurance Code does not apply to a church benefits board or a program, plan, benefit, or activity of the board or a person affiliated with the board.

  106. Tex. Business Organizations Code Sec. 22.501. DEFINITIONS. In this subchapter:

  107. Tex. Business Organizations Code Sec. 22.502. RATIFICATION OF DEFECTIVE CORPORATE ACT.

  108. Tex. Business Organizations Code Sec. 22.503. RATIFICATION OF DEFECTIVE CORPORATE ACT; ADOPTION OF RESOLUTIONS.

  109. Tex. Business Organizations Code Sec. 22.504. QUORUM AND VOTING REQUIREMENTS FOR ADOPTION OF RESOLUTIONS.

  110. Tex. Business Organizations Code Sec. 22.505. APPROVAL OF RATIFIED DEFECTIVE CORPORATE ACT BY MEMBERS WITH VOTING RIGHTS REQUIRED; EXCEPTION. If the corporation has members with voting rights, each defective corporate act ratified under Section 22.503(a) must be submitted to such members of the corporation for approval as provided by Sections 22.506 and 22.507, unless no other provision of the corporate statute, no provision of the corporation's governing documents, and no provision of any plan or agreement to which the corporation is a party would have required approval by such members of:

  111. Tex. Business Organizations Code Sec. 22.506. NOTICE REQUIREMENTS FOR RATIFIED DEFECTIVE CORPORATE ACT SUBMITTED FOR APPROVAL OF MEMBERS WITH VOTING RIGHTS.

  112. Tex. Business Organizations Code Sec. 22.507. QUORUM AND VOTING FOR APPROVAL OF RATIFIED DEFECTIVE CORPORATE ACT AT MEETING OF MEMBERS WITH VOTING RIGHTS.

  113. Tex. Business Organizations Code Sec. 22.508. CERTIFICATE OF VALIDATION.

  114. Tex. Business Organizations Code Sec. 22.509. ADOPTION OF RESOLUTIONS; EFFECT ON DEFECTIVE CORPORATE ACT. On or after the validation effective time, unless determined otherwise in an action brought under Section 22.512 and subject to Section 22.502(b), each defective corporate act ratified in accordance with this subchapter may not be considered ineffective, void, or voidable as a result of the failure of authorization described by the resolutions adopted under Sections 22.503 and 22.504, and the effect shall be retroactive to the time of the defective corporate act.

  115. Tex. Business Organizations Code Sec. 22.510. NOTICE TO MEMBERS FOLLOWING RATIFICATION OF DEFECTIVE CORPORATE ACT.

  116. Tex. Business Organizations Code Sec. 22.511. RATIFICATION PROCEDURES OR COURT PROCEEDINGS CONCERNING VALIDATION NOT EXCLUSIVE.

  117. Tex. Business Organizations Code Sec. 22.512. PROCEEDING REGARDING VALIDITY OF DEFECTIVE CORPORATE ACTS.

  118. Tex. Business Organizations Code Sec. 22.513. EXCLUSIVE JURISDICTION. Subject to Section 1.056, the district court has exclusive jurisdiction to hear and determine any action brought under Section 22.512.

  119. Tex. Business Organizations Code Sec. 22.514. SERVICE.

  120. Tex. Business Organizations Code Sec. 22.515. STATUTE OF LIMITATIONS.

  121. Tex. Business Organizations Code Sec. 22.516. NOTICE TO ATTORNEY GENERAL.

Chapter 23

  1. Tex. Business Organizations Code Sec. 23.001. DETERMINATION OF APPLICABLE LAW.

  2. Tex. Business Organizations Code Sec. 23.002. APPLICABILITY OF FILING REQUIREMENTS. Except as otherwise provided by the special statute, a document to be filed with the secretary of state under a special statute shall be executed and filed in accordance with Chapter 4.

  3. Tex. Business Organizations Code Sec. 23.003. DOMESTIC CORPORATION ORGANIZED UNDER SPECIAL STATUTE. A corporation organized under a special statute other than this code is not considered a "domestic corporation" formed under this code, although this code may apply to the corporation.

  4. Tex. Business Organizations Code Sec. 23.051. DEFINITIONS. In this subchapter:

  5. Tex. Business Organizations Code Sec. 23.052. ORGANIZERS. Subject to The Securities Act (Title 12, Government Code), 25 or more persons, the majority of whom must be residents of this state, may form a business development corporation to promote, develop, and advance the prosperity and economic welfare of this state.

  6. Tex. Business Organizations Code Sec. 23.053. PURPOSES.

  7. Tex. Business Organizations Code Sec. 23.054. POWERS.

  8. Tex. Business Organizations Code Sec. 23.055. STATEWIDE OPERATION. A corporation organized under this subchapter is a state development company as defined by Section 103, Small Business Investment Act of 1958 (15 U.S.C. Section 662), as amended, or similar federal legislation, and may operate on a statewide basis.

  9. Tex. Business Organizations Code Sec. 23.056. CERTIFICATE OF FORMATION.

  10. Tex. Business Organizations Code Sec. 23.057. MANAGEMENT BY BOARD OF DIRECTORS; NUMBER OF DIRECTORS.

  11. Tex. Business Organizations Code Sec. 23.058. ELECTION OR APPOINTMENT OF DIRECTORS.

  12. Tex. Business Organizations Code Sec. 23.059. TERM OF OFFICE; VACANCY.

  13. Tex. Business Organizations Code Sec. 23.060. OFFICERS. The board of directors of a corporation shall appoint a president, a treasurer, and any other agent or officer of the corporation and shall fill each vacancy other than a vacancy on the board.

  14. Tex. Business Organizations Code Sec. 23.061. PARTICIPATION AS OWNER.

  15. Tex. Business Organizations Code Sec. 23.062. FINANCIAL INSTITUTION AS MEMBER OF CORPORATION.

  16. Tex. Business Organizations Code Sec. 23.063. WITHDRAWAL OF MEMBER.

  17. Tex. Business Organizations Code Sec. 23.064. POWERS OF SHAREHOLDERS AND MEMBERS. The shareholders and members of a corporation may:

  18. Tex. Business Organizations Code Sec. 23.065. VOTING BY SHAREHOLDER OR MEMBER.

  19. Tex. Business Organizations Code Sec. 23.066. LOAN TO CORPORATION.

  20. Tex. Business Organizations Code Sec. 23.067. PROHIBITED LOAN.

  21. Tex. Business Organizations Code Sec. 23.068. LOAN LIMITS.

  22. Tex. Business Organizations Code Sec. 23.069. SURPLUS.

  23. Tex. Business Organizations Code Sec. 23.070. DEPOSITORY.

  24. Tex. Business Organizations Code Sec. 23.071. ANNUAL REPORT; PROVISION OF REQUIRED INFORMATION.

  25. Tex. Business Organizations Code Sec. 23.101. FORMATION.

  26. Tex. Business Organizations Code Sec. 23.102. APPLICABILITY OF CHAPTER 22. If this subchapter does not contain any provision regarding a matter provided for in Chapter 22, to the extent consistent with this subchapter, Chapter 22 applies to a corporation formed under this subchapter.

  27. Tex. Business Organizations Code Sec. 23.103. DURATION. A grand body that incorporates under this subchapter may provide in the grand body's certificate of formation for the expiration of its corporate powers at the end of a stated number of years. If the certificate of formation does not provide for the duration of the grand body, the grand body has perpetual existence. The grand body may by its corporate name have perpetual succession of its officers and members.

  28. Tex. Business Organizations Code Sec. 23.104. SUBORDINATE LODGES.

  29. Tex. Business Organizations Code Sec. 23.105. TRUSTEES AND DIRECTORS. A grand body and a subordinate of the grand body may elect trustees and directors or may appoint trustees or directors from among their officers.

  30. Tex. Business Organizations Code Sec. 23.106. FRANCHISE TAXES. A corporation formed under this subchapter is not subject to or required to pay a franchise tax, except that a corporation is exempt from the franchise tax imposed by Chapter 171, Tax Code, only if the corporation is exempted by that chapter.

  31. Tex. Business Organizations Code Sec. 23.107. GENERAL POWERS. A grand body and a subordinate of the grand body may take action as directed or provided by law in the case of other corporations and may make constitutions and bylaws to govern their affairs.

  32. Tex. Business Organizations Code Sec. 23.108. AUTHORITY REGARDING PROPERTY.

  33. Tex. Business Organizations Code Sec. 23.109. AUTHORITY REGARDING LOANS.

  34. Tex. Business Organizations Code Sec. 23.110. WINDING UP AND TERMINATION OF SUBORDINATE BODY.

Civil Practice

Chapter 1

  1. Tex. Civil Practice & Remedies Code Sec. 1.001. PURPOSE OF CODE.

  2. Tex. Civil Practice & Remedies Code Sec. 1.002. CONSTRUCTION OF CODE. The Code Construction Act (Chapter 311, Government Code) applies to the construction of each provision in this code, except as otherwise expressly provided by this code.

  3. Tex. Civil Practice & Remedies Code Sec. 1.003. INTERNAL REFERENCES. In this code:

Chapter 5

  1. Tex. Civil Practice & Remedies Code Sec. 5.001. RULE OF DECISION.

Chapter 6

  1. Tex. Civil Practice & Remedies Code Sec. 6.001. STATE AND FEDERAL AGENCIES EXEMPT FROM BOND FOR COURT COSTS OR APPEAL.

  2. Tex. Civil Practice & Remedies Code Sec. 6.002. CITIES EXEMPT FROM SECURITY FOR COURT COSTS.

  3. Tex. Civil Practice & Remedies Code Sec. 6.003. WATER DISTRICTS EXEMPT FROM APPEAL BOND.

  4. Tex. Civil Practice & Remedies Code Sec. 6.004. SCHOOL DISTRICTS EXEMPT FROM SECURITY FOR COURT COSTS AND APPEAL BOND. A school district may institute and prosecute suits without giving security for cost and may appeal from judgment without giving supersedeas or cost bond.

Chapter 7

  1. Tex. Civil Practice & Remedies Code Sec. 7.001. LIABILITY FOR REFUSAL OR NEGLECT IN PERFORMANCE OF OFFICIAL DUTIES.

  2. Tex. Civil Practice & Remedies Code Sec. 7.002. LIABILITY FOR DEPOSITS PENDING SUIT.

  3. Tex. Civil Practice & Remedies Code Sec. 7.003. LIABILITY REGARDING EXECUTION OF WRITS.

  4. Tex. Civil Practice & Remedies Code Sec. 7.011. ATTORNEY'S LIABILITY FOR COSTS. An attorney who is not a party to a civil proceeding is not liable for payment of costs incurred by a party to the proceeding.

  5. Tex. Civil Practice & Remedies Code Sec. 7.021. SUIT ON OFFICIAL BONDS. Suit may be brought in the name of this state alone on an official bond for the benefit of all the parties entitled to recover on the bond if:

Chapter 8

  1. Tex. Civil Practice & Remedies Code Sec. 8.01. STATE EXEMPTION. The state is exempt from the payment of the filing fee imposed by Section 51.701, Government Code.

  2. Tex. Civil Practice & Remedies Code Sec. 8.02. FEE PAID BY OPPOSING PARTY. If the state prevails in a lawsuit, the opposing party shall pay the entire amount of any filing fee attributable to the state, including any amount exempted under Section 8.01.

Chapter 9

  1. Tex. Civil Practice & Remedies Code Sec. 9.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 9.002. APPLICABILITY.

  3. Tex. Civil Practice & Remedies Code Sec. 9.003. TEXAS RULES OF CIVIL PROCEDURE. This chapter does not alter the Texas Rules of Civil Procedure or the Texas Rules of Appellate Procedure.

  4. Tex. Civil Practice & Remedies Code Sec. 9.004. APPLICABILITY. This chapter does not apply to the Deceptive Trade Practices-Consumer Protection Act (Subchapter E, Chapter 17, Business & Commerce Code) or to Chapter 21, Insurance Code.

  5. Tex. Civil Practice & Remedies Code Sec. 9.011. SIGNING OF PLEADINGS. The signing of a pleading as required by the Texas Rules of Civil Procedure constitutes a certificate by the signatory that to the signatory's best knowledge, information, and belief, formed after reasonable inquiry, the pleading is not:

  6. Tex. Civil Practice & Remedies Code Sec. 9.012. VIOLATION; SANCTION.

  7. Tex. Civil Practice & Remedies Code Sec. 9.013. REPORT TO GRIEVANCE COMMITTEE.

  8. Tex. Civil Practice & Remedies Code Sec. 9.014. PLEADINGS NOT FRIVOLOUS.

Chapter 10

  1. Tex. Civil Practice & Remedies Code Sec. 10.001. SIGNING OF PLEADINGS AND MOTIONS. The signing of a pleading or motion as required by the Texas Rules of Civil Procedure constitutes a certificate by the signatory that to the signatory's best knowledge, information, and belief, formed after reasonable inquiry:

  2. Tex. Civil Practice & Remedies Code Sec. 10.002. MOTION FOR SANCTIONS.

  3. Tex. Civil Practice & Remedies Code Sec. 10.003. NOTICE AND OPPORTUNITY TO RESPOND. The court shall provide a party who is the subject of a motion for sanctions under Section 10.002 notice of the allegations and a reasonable opportunity to respond to the allegations.

  4. Tex. Civil Practice & Remedies Code Sec. 10.004. VIOLATION; SANCTION.

  5. Tex. Civil Practice & Remedies Code Sec. 10.005. ORDER. A court shall describe in an order imposing a sanction under this chapter the conduct the court has determined violated Section 10.001 and explain the basis for the sanction imposed.

Chapter 11

  1. Tex. Civil Practice & Remedies Code Sec. 11.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 11.002. APPLICABILITY.

  3. Tex. Civil Practice & Remedies Code Sec. 11.051. MOTION FOR ORDER DETERMINING PLAINTIFF A VEXATIOUS LITIGANT AND REQUESTING SECURITY. In a litigation in this state, the defendant may, on or before the 90th day after the date the defendant files the original answer or makes a special appearance, move the court for an order:

  4. Tex. Civil Practice & Remedies Code Sec. 11.052. STAY OF PROCEEDINGS ON FILING OF MOTION.

  5. Tex. Civil Practice & Remedies Code Sec. 11.053. HEARING.

  6. Tex. Civil Practice & Remedies Code Sec. 11.054. CRITERIA FOR FINDING PLAINTIFF A VEXATIOUS LITIGANT. A court may find a plaintiff a vexatious litigant if the defendant shows that there is not a reasonable probability that the plaintiff will prevail in the litigation against the defendant and that:

  7. Tex. Civil Practice & Remedies Code Sec. 11.055. SECURITY.

  8. Tex. Civil Practice & Remedies Code Sec. 11.056. DISMISSAL FOR FAILURE TO FURNISH SECURITY. The court shall dismiss a litigation as to a moving defendant if a plaintiff ordered to furnish security does not furnish the security within the time set by the order.

  9. Tex. Civil Practice & Remedies Code Sec. 11.057. DISMISSAL ON THE MERITS. If the litigation is dismissed on its merits, the moving defendant has recourse to the security furnished by the plaintiff in an amount determined by the court.

  10. Tex. Civil Practice & Remedies Code Sec. 11.101. PREFILING ORDER; CONTEMPT.

  11. Tex. Civil Practice & Remedies Code Sec. 11.102. PERMISSION BY LOCAL ADMINISTRATIVE JUDGE.

  12. Tex. Civil Practice & Remedies Code Sec. 11.103. DUTIES OF CLERK.

  13. Tex. Civil Practice & Remedies Code Sec. 11.1035. MISTAKEN FILING.

  14. Tex. Civil Practice & Remedies Code Sec. 11.104. NOTICE TO OFFICE OF COURT ADMINISTRATION; DISSEMINATION OF LIST.

Chapter 12

  1. Tex. Civil Practice & Remedies Code Sec. 12.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 12.002. LIABILITY.

  3. Tex. Civil Practice & Remedies Code Sec. 12.003. CAUSE OF ACTION.

  4. Tex. Civil Practice & Remedies Code Sec. 12.004. VENUE. An action under this chapter may be brought in any district court in the county in which the recorded document is recorded or in which the real property is located.

  5. Tex. Civil Practice & Remedies Code Sec. 12.005. FILING FEES.

  6. Tex. Civil Practice & Remedies Code Sec. 12.006. PLAINTIFF'S COSTS.

  7. Tex. Civil Practice & Remedies Code Sec. 12.007. EFFECT ON OTHER LAW. This law is cumulative of other law under which a person may obtain judicial relief with respect to a recorded document or other record.

Chapter 13

  1. Tex. Civil Practice & Remedies Code Sec. 13.001. DISMISSAL OF ACTION.

  2. Tex. Civil Practice & Remedies Code Sec. 13.002. JUDGMENT. Judgment may be rendered for costs at the conclusion of the action as in other cases, but the state is not liable for any of those costs.

  3. Tex. Civil Practice & Remedies Code Sec. 13.003. FREE TRANSCRIPT OF STATEMENT OF FACTS ON APPEAL.

  4. Tex. Civil Practice & Remedies Code Sec. 13.004. INAPPLICABILITY TO CERTAIN CLAIMS. This chapter does not apply to a claim governed by Chapter 14.

Chapter 14

  1. Tex. Civil Practice & Remedies Code Sec. 14.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 14.002. SCOPE OF CHAPTER.

  3. Tex. Civil Practice & Remedies Code Sec. 14.003. DISMISSAL OF CLAIM.

  4. Tex. Civil Practice & Remedies Code Sec. 14.004. AFFIDAVIT RELATING TO PREVIOUS FILINGS.

  5. Tex. Civil Practice & Remedies Code Sec. 14.005. GRIEVANCE SYSTEM DECISION; EXHAUSTION OF ADMINISTRATIVE REMEDIES.

  6. Tex. Civil Practice & Remedies Code Sec. 14.006. COURT FEES, COURT COSTS, OTHER COSTS.

  7. Tex. Civil Practice & Remedies Code Sec. 14.007. OTHER COSTS.

  8. Tex. Civil Practice & Remedies Code Sec. 14.008. HEARING.

  9. Tex. Civil Practice & Remedies Code Sec. 14.009. SUBMISSION OF EVIDENCE.

  10. Tex. Civil Practice & Remedies Code Sec. 14.010. DISMISSAL OF CLAIM.

  11. Tex. Civil Practice & Remedies Code Sec. 14.011. EFFECT ON OTHER CLAIMS.

  12. Tex. Civil Practice & Remedies Code Sec. 14.012. QUESTIONNAIRE. To implement this chapter, a court may develop, for use in that court, a questionnaire to be filed by the inmate.

  13. Tex. Civil Practice & Remedies Code Sec. 14.013. REVIEW AND RECOMMENDATION BY MAGISTRATES.

Chapter 15

  1. Tex. Civil Practice & Remedies Code Sec. 15.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 15.002. VENUE: GENERAL RULE.

  3. Tex. Civil Practice & Remedies Code Sec. 15.003. MULTIPLE PLAINTIFFS AND INTERVENING PLAINTIFFS.

  4. Tex. Civil Practice & Remedies Code Sec. 15.004. MANDATORY VENUE PROVISIONS GOVERNS MULTIPLE CLAIMS. In a suit in which a plaintiff properly joins two or more claims or causes of action arising from the same transaction, occurrence, or series of transactions or occurrences, and one of the claims or causes of action is governed by the mandatory venue provisions of Subchapter B, the suit shall be brought in the county required by the mandatory venue provision.

  5. Tex. Civil Practice & Remedies Code Sec. 15.005. MULTIPLE DEFENDANTS. In a suit in which the plaintiff has established proper venue against a defendant, the court also has venue of all the defendants in all claims or actions arising out of the same transaction, occurrence, or series of transactions or occurrences.

  6. Tex. Civil Practice & Remedies Code Sec. 15.006. VENUE DETERMINED BY FACTS EXISTING AT THE TIME OF ACCRUAL. A court shall determine the venue of a suit based on the facts existing at the time the cause of action that is the basis of the suit accrued.

  7. Tex. Civil Practice & Remedies Code Sec. 15.007. CONFLICT WITH CERTAIN PROVISIONS. Notwithstanding Sections 15.004, 15.005, and 15.031, to the extent that venue under this chapter for a suit by or against an executor, administrator, or guardian as such, for personal injury, death, or property damage conflicts with venue provisions under the Estates Code, this chapter controls.

  8. Tex. Civil Practice & Remedies Code Sec. 15.011. LAND. Actions for recovery of real property or an estate or interest in real property, for partition of real property, to remove encumbrances from the title to real property, for recovery of damages to real property, or to quiet title to real property shall be brought in the county in which all or a part of the property is located.

  9. Tex. Civil Practice & Remedies Code Sec. 15.0115. LANDLORD-TENANT.

  10. Tex. Civil Practice & Remedies Code Sec. 15.012. INJUNCTION AGAINST SUIT. Actions to stay proceedings in a suit shall be brought in the county in which the suit is pending.

  11. Tex. Civil Practice & Remedies Code Sec. 15.013. INJUNCTION AGAINST EXECUTION OF JUDGMENT. Actions to restrain execution of a judgment based on invalidity of the judgment or of the writ shall be brought in the county in which the judgment was rendered.

  12. Tex. Civil Practice & Remedies Code Sec. 15.014. HEAD OF STATE DEPARTMENT. An action for mandamus against the head of a department of the state government shall be brought in Travis County.

  13. Tex. Civil Practice & Remedies Code Sec. 15.015. COUNTIES. An action against a county shall be brought in that county.

  14. Tex. Civil Practice & Remedies Code Sec. 15.0151. CERTAIN POLITICAL SUBDIVISIONS.

  15. Tex. Civil Practice & Remedies Code Sec. 15.016. OTHER MANDATORY VENUE. An action governed by any other statute prescribing mandatory venue shall be brought in the county required by that statute.

  16. Tex. Civil Practice & Remedies Code Sec. 15.017. LIBEL, SLANDER, OR INVASION OF PRIVACY. A suit for damages for libel, slander, or invasion of privacy shall be brought and can only be maintained in the county in which the plaintiff resided at the time of the accrual of the cause of action, or in the county in which the defendant resided at the time of filing suit, or in the county of the residence of defendants, or any of them, or the domicile of any corporate defendant, at the election of the plaintiff.

  17. Tex. Civil Practice & Remedies Code Sec. 15.018. FEDERAL EMPLOYERS' LIABILITY ACT.

  18. Tex. Civil Practice & Remedies Code Sec. 15.0181. JONES ACT.

  19. Tex. Civil Practice & Remedies Code Sec. 15.019. INMATE LITIGATION.

  20. Tex. Civil Practice & Remedies Code Sec. 15.020. MAJOR TRANSACTIONS: SPECIFICATION OF VENUE BY AGREEMENT.

  21. Tex. Civil Practice & Remedies Code Sec. 15.031. EXECUTOR; ADMINISTRATOR; GUARDIAN. If the suit is against an executor, administrator, or guardian, as such, to establish a money demand against the estate which he represents, the suit may be brought in the county in which the estate is administered, or if the suit is against an executor, administrator, or guardian growing out of a negligent act or omission of the person whose estate the executor, administrator, or guardian represents, the suit may be brought in the county in which the negligent act or omission of the person whose estate the executor, administrator, or guardian represents occurred.

  22. Tex. Civil Practice & Remedies Code Sec. 15.032. INSURANCE. Suit against fire, marine, or inland insurance companies may also be commenced in any county in which the insured property was situated. A suit on a policy may be brought against any life insurance company, or accident insurance company, or life and accident, or health and accident, or life, health, and accident insurance company in the county in which the company's principal office in this state is located or in the county in which the loss has occurred or in which the policyholder or beneficiary instituting the suit resided at the time the cause of action accrued.

  23. Tex. Civil Practice & Remedies Code Sec. 15.033. BREACH OF WARRANTY BY MANUFACTURER. A suit for breach of warranty by a manufacturer of consumer goods may be brought in any county in which all or a substantial part of the events or omissions giving rise to the claim occurred, in the county in which the manufacturer has its principal office in this state, or in the county in which the plaintiff resided at the time the cause of action accrued.

  24. Tex. Civil Practice & Remedies Code Sec. 15.035. CONTRACT IN WRITING.

  25. Tex. Civil Practice & Remedies Code Sec. 15.038. OTHER PERMISSIVE VENUE. An action governed by any other statute prescribing permissive venue may be brought in the county allowed by that statute.

  26. Tex. Civil Practice & Remedies Code Sec. 15.039. TRANSIENT PERSON. A transient person may be sued in any county in which he may be found.

  27. Tex. Civil Practice & Remedies Code Sec. 15.062. COUNTERCLAIMS, CROSS CLAIMS, AND THIRD-PARTY CLAIMS.

  28. Tex. Civil Practice & Remedies Code Sec. 15.063. TRANSFER. The court, on motion filed and served concurrently with or before the filing of the answer, shall transfer an action to another county of proper venue if:

  29. Tex. Civil Practice & Remedies Code Sec. 15.064. HEARINGS.

  30. Tex. Civil Practice & Remedies Code Sec. 15.0641. VENUE RIGHTS OF MULTIPLE DEFENDANTS. In a suit in which two or more defendants are joined, any action or omission by one defendant in relation to venue, including a waiver of venue by one defendant, does not operate to impair or diminish the right of any other defendant to properly challenge venue.

  31. Tex. Civil Practice & Remedies Code Sec. 15.0642. MANDAMUS. A party may apply for a writ of mandamus with an appellate court to enforce the mandatory venue provisions of this chapter. An application for the writ of mandamus must be filed before the later of:

  32. Tex. Civil Practice & Remedies Code Sec. 15.065. WATERCOURSE OR ROADWAY FORMING COUNTY BOUNDARY. If a river, watercourse, highway, road, or street forms the boundary line between two counties, the courts of each county have concurrent jurisdiction over the parts of the watercourse or roadway that form the boundary of the county in the same manner as if the watercourse or roadway were in that county.

  33. Tex. Civil Practice & Remedies Code Sec. 15.081. APPLICATION. This subchapter applies only to suits brought in a justice court.

  34. Tex. Civil Practice & Remedies Code Sec. 15.082. VENUE: GENERAL RULE. Except as otherwise provided by this subchapter or by any other law, a suit in justice court shall be brought in the county and precinct in which one or more defendants reside.

  35. Tex. Civil Practice & Remedies Code Sec. 15.0821. ADMINISTRATIVE RULES FOR TRANSFER. The justices of the peace in each county shall, by majority vote, adopt local rules of administration regarding the transfer of a pending case from one precinct to a different precinct.

  36. Tex. Civil Practice & Remedies Code Sec. 15.083. RESIDENCE OF A SINGLE MAN. A single man's residence is where he boards.

  37. Tex. Civil Practice & Remedies Code Sec. 15.084. FORCIBLE ENTRY AND DETAINER. A suit for forcible entry and detainer shall be brought in the precinct in which all or part of the premises is located.

  38. Tex. Civil Practice & Remedies Code Sec. 15.085. EXECUTOR; ADMINISTRATOR; GUARDIAN. A suit against an executor, an administrator, or a guardian shall be brought in the county in which the administration or guardianship is pending and in the precinct in which the county seat is located.

  39. Tex. Civil Practice & Remedies Code Sec. 15.086. COUNTIES. A suit against a county shall be brought in the precinct in which the county seat of that county is located.

  40. Tex. Civil Practice & Remedies Code Sec. 15.087. OPTION: SUIT IN DEFENDANT'S COUNTY OF RESIDENCE. A suit to which a permissive venue section of this subchapter applies may be brought and maintained either in the county provided for by that section or in the county in which the defendant resides.

  41. Tex. Civil Practice & Remedies Code Sec. 15.088. NONRESIDENT; RESIDENCE UNKNOWN. A suit against a nonresident of this state or against a person whose residence is unknown may be brought in the county and precinct in which the plaintiff resides.

  42. Tex. Civil Practice & Remedies Code Sec. 15.089. TRANSIENT PERSON. A suit against a transient person may be brought in any county and precinct in which the transient person is found.

  43. Tex. Civil Practice & Remedies Code Sec. 15.090. PERSONAL PROPERTY. A suit to recover personal property may be brought in the county and precinct in which the property is located.

  44. Tex. Civil Practice & Remedies Code Sec. 15.091. RENTS. A suit to recover rents may be brought in the county and precinct in which all or part of the rented premises is located.

  45. Tex. Civil Practice & Remedies Code Sec. 15.092. CONTRACT.

  46. Tex. Civil Practice & Remedies Code Sec. 15.093. TORTS. A tort suit for damages may be brought in the county and precinct in which the injury was inflicted.

  47. Tex. Civil Practice & Remedies Code Sec. 15.094. CORPORATION; ASSOCIATION; JOINT-STOCK COMPANY. A suit against a private corporation, association, or joint-stock company may be brought in the county and precinct in which:

  48. Tex. Civil Practice & Remedies Code Sec. 15.095. RAILROAD COMPANIES; CARRIERS. A suit against a railroad company, a canal company, or the owners of a line of transportation vehicles for injury to a person or property on the railroad, canal, or line of vehicles or for liability as a carrier may be brought in a precinct through which that railroad, canal, or line of vehicles passes or in a precinct in which the route of that railroad, canal, or vehicle begins or ends.

  49. Tex. Civil Practice & Remedies Code Sec. 15.096. STEAMBOAT OR OTHER VESSEL. A suit against the owner of a steamboat or other vessel may be brought in the county or precinct in which:

  50. Tex. Civil Practice & Remedies Code Sec. 15.097. INSURANCE COMPANIES.

  51. Tex. Civil Practice & Remedies Code Sec. 15.098. PLEADING REQUIREMENTS. If a suit is brought in a county or precinct in which the defendant does not reside, the citation or pleading must affirmatively show that the suit comes within an exception provided for by this subchapter.

  52. Tex. Civil Practice & Remedies Code Sec. 15.099. MORE THAN ONE JUSTICE. If there is more than one justice of the peace in a precinct or in an incorporated city or town, suit may be brought before any justice of the peace in that precinct or incorporated city or town.

  53. Tex. Civil Practice & Remedies Code Sec. 15.100. DISQUALIFIED JUSTICE. If the justice in the proper precinct is not qualified to try the suit, suit may be brought before the nearest qualified justice in the county.

Chapter 16

  1. Tex. Civil Practice & Remedies Code Sec. 16.001. EFFECT OF DISABILITY.

  2. Tex. Civil Practice & Remedies Code Sec. 16.002. ONE-YEAR LIMITATIONS PERIOD.

  3. Tex. Civil Practice & Remedies Code Sec. 16.003. TWO-YEAR LIMITATIONS PERIOD.

  4. Tex. Civil Practice & Remedies Code Sec. 16.0031. ASBESTOS-RELATED OR SILICA-RELATED INJURIES.

  5. Tex. Civil Practice & Remedies Code Sec. 16.004. FOUR-YEAR LIMITATIONS PERIOD.

  6. Tex. Civil Practice & Remedies Code Sec. 16.0045. LIMITATIONS PERIOD FOR CLAIMS ARISING FROM CERTAIN OFFENSES.

  7. Tex. Civil Practice & Remedies Code Sec. 16.005. ACTION FOR CLOSING STREET OR ROAD.

  8. Tex. Civil Practice & Remedies Code Sec. 16.006. CARRIERS OF PROPERTY.

  9. Tex. Civil Practice & Remedies Code Sec. 16.007. RETURN OF EXECUTION. A person must bring suit against a sheriff or other officer or the surety of the sheriff or officer for failure to return an execution issued in the person's favor, not later than five years after the date on which the execution was returnable.

  10. Tex. Civil Practice & Remedies Code Sec. 16.008. ARCHITECTS, ENGINEERS, INTERIOR DESIGNERS, AND LANDSCAPE ARCHITECTS FURNISHING DESIGN, PLANNING, OR INSPECTION OF CONSTRUCTION OF IMPROVEMENTS.

  11. Tex. Civil Practice & Remedies Code Sec. 16.009. PERSONS FURNISHING CONSTRUCTION OR REPAIR OF IMPROVEMENTS.

  12. Tex. Civil Practice & Remedies Code Sec. 16.010. MISAPPROPRIATION OF TRADE SECRETS.

  13. Tex. Civil Practice & Remedies Code Sec. 16.011. SURVEYORS.

  14. Tex. Civil Practice & Remedies Code Sec. 16.012. PRODUCTS LIABILITY.

  15. Tex. Civil Practice & Remedies Code Sec. 16.013. REAL ESTATE APPRAISERS AND APPRAISAL FIRMS.

  16. Tex. Civil Practice & Remedies Code Sec. 16.021. DEFINITIONS. In this subchapter:

  17. Tex. Civil Practice & Remedies Code Sec. 16.022. EFFECT OF DISABILITY.

  18. Tex. Civil Practice & Remedies Code Sec. 16.023. TACKING OF SUCCESSIVE INTERESTS. To satisfy a limitations period, peaceable and adverse possession does not need to continue in the same person, but there must be privity of estate between each holder and his successor.

  19. Tex. Civil Practice & Remedies Code Sec. 16.024. ADVERSE POSSESSION: THREE-YEAR LIMITATIONS PERIOD. A person must bring suit to recover real property held by another in peaceable and adverse possession under title or color of title not later than three years after the day the cause of action accrues.

  20. Tex. Civil Practice & Remedies Code Sec. 16.025. ADVERSE POSSESSION: FIVE-YEAR LIMITATIONS PERIOD.

  21. Tex. Civil Practice & Remedies Code Sec. 16.026. ADVERSE POSSESSION: 10-YEAR LIMITATIONS PERIOD.

  22. Tex. Civil Practice & Remedies Code Sec. 16.0265. ADVERSE POSSESSION BY COTENANT HEIR: 15-YEAR COMBINED LIMITATIONS PERIOD.

  23. Tex. Civil Practice & Remedies Code Sec. 16.027. ADVERSE POSSESSION: 25-YEAR LIMITATIONS PERIOD NOTWITHSTANDING DISABILITY. A person, regardless of whether the person is or has been under a legal disability, must bring suit not later than 25 years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property.

  24. Tex. Civil Practice & Remedies Code Sec. 16.028. ADVERSE POSSESSION WITH RECORDED INSTRUMENT: 25-YEAR LIMITATIONS PERIOD.

  25. Tex. Civil Practice & Remedies Code Sec. 16.029. EVIDENCE OF TITLE TO LAND BY LIMITATIONS.

  26. Tex. Civil Practice & Remedies Code Sec. 16.030. TITLE THROUGH ADVERSE POSSESSION.

  27. Tex. Civil Practice & Remedies Code Sec. 16.031. ENCLOSED LAND.

  28. Tex. Civil Practice & Remedies Code Sec. 16.032. ADJACENT LAND. Possession of land that belongs to another by a person owning or claiming 5,000 or more fenced acres that adjoin the land is not peaceable and adverse as described by Section 16.026 unless:

  29. Tex. Civil Practice & Remedies Code Sec. 16.033. TECHNICAL DEFECTS IN INSTRUMENT.

  30. Tex. Civil Practice & Remedies Code Sec. 16.034. ATTORNEY'S FEES.

  31. Tex. Civil Practice & Remedies Code Sec. 16.035. LIEN ON REAL PROPERTY.

  32. Tex. Civil Practice & Remedies Code Sec. 16.036. EXTENSION OF REAL PROPERTY LIEN.

  33. Tex. Civil Practice & Remedies Code Sec. 16.037. EFFECT OF EXTENSION OF REAL PROPERTY LIEN ON THIRD PARTIES. An extension agreement is void as to a bona fide purchaser for value, a lienholder, or a lessee who deals with real property affected by a real property lien without actual notice of the agreement and before the agreement is acknowledged, filed, and recorded.

  34. Tex. Civil Practice & Remedies Code Sec. 16.038. RESCISSION OR WAIVER OF ACCELERATED MATURITY DATE.

  35. Tex. Civil Practice & Remedies Code Sec. 16.051. RESIDUAL LIMITATIONS PERIOD. Every action for which there is no express limitations period, except an action for the recovery of real property, must be brought not later than four years after the day the cause of action accrues.

  36. Tex. Civil Practice & Remedies Code Sec. 16.061. RIGHTS NOT BARRED.

  37. Tex. Civil Practice & Remedies Code Sec. 16.062. EFFECT OF DEATH.

  38. Tex. Civil Practice & Remedies Code Sec. 16.063. TEMPORARY ABSENCE FROM STATE. The absence from this state of a person against whom a cause of action may be maintained suspends the running of the applicable statute of limitations for the period of the person's absence.

  39. Tex. Civil Practice & Remedies Code Sec. 16.064. EFFECT OF LACK OF JURISDICTION.

  40. Tex. Civil Practice & Remedies Code Sec. 16.065. ACKNOWLEDGMENT OF CLAIM. An acknowledgment of the justness of a claim that appears to be barred by limitations is not admissible in evidence to defeat the law of limitations if made after the time that the claim is due unless the acknowledgment is in writing and is signed by the party to be charged.

  41. Tex. Civil Practice & Remedies Code Sec. 16.066. ACTION ON FOREIGN JUDGMENT.

  42. Tex. Civil Practice & Remedies Code Sec. 16.067. CLAIM INCURRED PRIOR TO ARRIVAL IN THIS STATE.

  43. Tex. Civil Practice & Remedies Code Sec. 16.068. AMENDED AND SUPPLEMENTAL PLEADINGS. If a filed pleading relates to a cause of action, cross action, counterclaim, or defense that is not subject to a plea of limitation when the pleading is filed, a subsequent amendment or supplement to the pleading that changes the facts or grounds of liability or defense is not subject to a plea of limitation unless the amendment or supplement is wholly based on a new, distinct, or different transaction or occurrence.

  44. Tex. Civil Practice & Remedies Code Sec. 16.069. COUNTERCLAIM OR CROSS CLAIM.

  45. Tex. Civil Practice & Remedies Code Sec. 16.070. CONTRACTUAL LIMITATIONS PERIOD.

  46. Tex. Civil Practice & Remedies Code Sec. 16.071. NOTICE REQUIREMENTS.

  47. Tex. Civil Practice & Remedies Code Sec. 16.072. SATURDAY, SUNDAY, OR HOLIDAY. If the last day of a limitations period under any statute of limitations falls on a Saturday, Sunday, or holiday, the period for filing suit is extended to include the next day that the county offices are open for business.

  48. Tex. Civil Practice & Remedies Code Sec. 16.073. APPLICABILITY OF LIMITATIONS PERIODS TO ARBITRATION. A claim that is sought to be arbitrated is subject to the same limitations period that would apply to the claim if the claim had been brought in court. Commencing an action asserting a claim by filing suit in a court of competent jurisdiction will toll the applicable limitations period for arbitration of the same claim.

Chapter 17

  1. Tex. Civil Practice & Remedies Code Sec. 17.001. SUIT ON CONTRACT WITH SEVERAL OBLIGORS OR PARTIES CONDITIONALLY LIABLE.

  2. Tex. Civil Practice & Remedies Code Sec. 17.002. SUIT AGAINST ESTATE FOR LAND TITLE. In a suit against the estate of a decedent involving the title to real property, the executor or administrator, if any, and the heirs must be made parties defendant.

  3. Tex. Civil Practice & Remedies Code Sec. 17.003. SUIT AGAINST NONRESIDENT OR TRANSIENT PROPERTY OWNER. For the purpose of establishing title to property, settling a lien or encumbrance on property, or determining an estate, interest, lien, or encumbrance, a person who claims an interest in the property may sue another person who claims an adverse interest or a lien or encumbrance but resides outside this state, resides in an unknown place, or is a transient. The plaintiff is not required to have actual possession of the property.

  4. Tex. Civil Practice & Remedies Code Sec. 17.004. SUIT AGAINST UNKNOWN HEIRS OR UNKNOWN STOCKHOLDERS OF DEFUNCT CORPORATION. A person with a claim against property that has accrued to or been granted to the unknown heirs of a deceased individual or the unknown stockholders of a defunct corporation may sue the heirs or stockholders or their heirs or representatives. The action must describe the defendants as the heirs of the named deceased individual or the unknown stockholders of the named corporation.

  5. Tex. Civil Practice & Remedies Code Sec. 17.005. SUIT AGAINST UNKNOWN LANDOWNER.

  6. Tex. Civil Practice & Remedies Code Sec. 17.021. SERVICE ON CERTAIN NONCORPORATE BUSINESS AGENTS.

  7. Tex. Civil Practice & Remedies Code Sec. 17.022. SERVICE ON PARTNERSHIP. Citation served on one member of a partnership authorizes a judgment against the partnership and the partner actually served.

  8. Tex. Civil Practice & Remedies Code Sec. 17.023. SERVICE ON JOINT-STOCK ASSOCIATION.

  9. Tex. Civil Practice & Remedies Code Sec. 17.024. SERVICE ON POLITICAL SUBDIVISION.

  10. Tex. Civil Practice & Remedies Code Sec. 17.025. ASSESSMENT OF POSTAGE COST FOR MAIL SERVICE.

  11. Tex. Civil Practice & Remedies Code Sec. 17.026. SERVICE ON SECRETARY OF STATE.

  12. Tex. Civil Practice & Remedies Code Sec. 17.027. PREPARATION AND SERVICE.

  13. Tex. Civil Practice & Remedies Code Sec. 17.028. SERVICE ON FINANCIAL INSTITUTIONS.

  14. Tex. Civil Practice & Remedies Code Sec. 17.029. SERVICE ON INMATE OF TEXAS DEPARTMENT OF CRIMINAL JUSTICE.

  15. Tex. Civil Practice & Remedies Code Sec. 17.030. RETURN OF SERVICE.

  16. Tex. Civil Practice & Remedies Code Sec. 17.031. EXPEDITED FORECLOSURE PROCEEDINGS. For a power of sale exercised by the filing of an application for an expedited court order allowing the foreclosure of a contract lien under the Texas Rules of Civil Procedure 736, service of citation shall be completed in accordance with Rule 736 or 106, Texas Rules of Civil Procedure, or in any other manner provided for petitions under the Texas Rules of Civil Procedure.

  17. Tex. Civil Practice & Remedies Code Sec. 17.032. CITATION BY PUBLICATION.

  18. Tex. Civil Practice & Remedies Code Sec. 17.033. SUBSTITUTED SERVICE THROUGH SOCIAL MEDIA PRESENCE.

  19. Tex. Civil Practice & Remedies Code Sec. 17.041. DEFINITION. In this subchapter, "nonresident" includes:

  20. Tex. Civil Practice & Remedies Code Sec. 17.042. ACTS CONSTITUTING BUSINESS IN THIS STATE. In addition to other acts that may constitute doing business, a nonresident does business in this state if the nonresident:

  21. Tex. Civil Practice & Remedies Code Sec. 17.043. SERVICE ON PERSON IN CHARGE OF BUSINESS. In an action arising from a nonresident's business in this state, process may be served on the person in charge, at the time of service, of any business in which the nonresident is engaged in this state if the nonresident is not required by statute to designate or maintain a resident agent for service of process.

  22. Tex. Civil Practice & Remedies Code Sec. 17.044. SUBSTITUTED SERVICE ON SECRETARY OF STATE.

  23. Tex. Civil Practice & Remedies Code Sec. 17.045. NOTICE TO NONRESIDENT.

  24. Tex. Civil Practice & Remedies Code Sec. 17.061. DEFINITIONS. In this subchapter:

  25. Tex. Civil Practice & Remedies Code Sec. 17.062. SUBSTITUTED SERVICE ON CHAIRMAN OF TEXAS TRANSPORTATION COMMISSION.

  26. Tex. Civil Practice & Remedies Code Sec. 17.063. METHOD OF SERVICE; NOTICE TO NONRESIDENT.

  27. Tex. Civil Practice & Remedies Code Sec. 17.064. SAME EFFECT AS PERSONAL SERVICE. Service on the chairman has the same effect as personal service on the nonresident.

  28. Tex. Civil Practice & Remedies Code Sec. 17.065. FAILED SUBSTITUTED SERVICE.

  29. Tex. Civil Practice & Remedies Code Sec. 17.066. RETURN. An officer who serves process on the chairman under this subchapter shall state on his return the day and hour of service and any other facts required generally for returns of service of citation.

  30. Tex. Civil Practice & Remedies Code Sec. 17.067. DEFAULT JUDGMENT. If process is served on the chairman under this subchapter, a court may not grant default judgment against the defendant before the 21st day after the day on which the chairman was served.

  31. Tex. Civil Practice & Remedies Code Sec. 17.068. CONTINUANCE OR POSTPONEMENT. A court may continue or postpone an action in which process is served under this subchapter as necessary to afford the defendant reasonable opportunity to defend.

  32. Tex. Civil Practice & Remedies Code Sec. 17.069. CHAIRMAN'S CERTIFICATE.

  33. Tex. Civil Practice & Remedies Code Sec. 17.091. SUBSTITUTED SERVICE IN DELINQUENT TAX CASES.

  34. Tex. Civil Practice & Remedies Code Sec. 17.092. SERVICE ON NONRESIDENT UTILITY SUPPLIER. A nonresident individual or partnership that supplies gas, water, electricity, or other public utility service to a city, town, or village in this state may be served citation by serving the local agent, representative, superintendent, or person in charge of the nonresident's business.

  35. Tex. Civil Practice & Remedies Code Sec. 17.093. SERVICE ON FOREIGN RAILWAY. In addition to other methods of service provided by law, process may be served on a foreign railway by serving:

Chapter 18

  1. Tex. Civil Practice & Remedies Code Sec. 18.001. AFFIDAVIT CONCERNING COST AND NECESSITY OF SERVICES.

  2. Tex. Civil Practice & Remedies Code Sec. 18.002. FORM OF AFFIDAVIT.

  3. Tex. Civil Practice & Remedies Code Sec. 18.031. FOREIGN INTEREST RATE. Unless the interest rate of another state or country is alleged and proved, the rate is presumed to be the same as that established by law in this state and interest at that rate may be recovered without allegation or proof.

  4. Tex. Civil Practice & Remedies Code Sec. 18.032. TRAFFIC CONTROL DEVICE PRESUMED TO BE LAWFUL.

  5. Tex. Civil Practice & Remedies Code Sec. 18.033. STATE LAND RECORDS.

  6. Tex. Civil Practice & Remedies Code Sec. 18.061. COMMUNICATIONS OF SYMPATHY.

  7. Tex. Civil Practice & Remedies Code Sec. 18.062. CERTAIN INFORMATION RELATING TO IDENTITY THEFT.

  8. Tex. Civil Practice & Remedies Code Sec. 18.091. PROOF OF CERTAIN LOSSES; JURY INSTRUCTION.

Chapter 19

  1. Tex. Civil Practice & Remedies Code Sec. 19.001. APPLICATION OF CHAPTER. This chapter applies to:

  2. Tex. Civil Practice & Remedies Code Sec. 19.002. PAROL PROOF. A person may supply a lost, destroyed, or removed record by parol proof of the record's contents as provided by this chapter.

  3. Tex. Civil Practice & Remedies Code Sec. 19.003. APPLICATION FOR RELIEF.

  4. Tex. Civil Practice & Remedies Code Sec. 19.004. CITATION.

  5. Tex. Civil Practice & Remedies Code Sec. 19.005. ORDER.

  6. Tex. Civil Practice & Remedies Code Sec. 19.006. EFFECT OF ORDER. The order supplying the record:

  7. Tex. Civil Practice & Remedies Code Sec. 19.007. METHOD NOT EXCLUSIVE. The method provided by this chapter for supplying a record is in addition to other methods provided by law.

  8. Tex. Civil Practice & Remedies Code Sec. 19.008. RERECORDATION OF ORIGINAL DOCUMENT. Rerecordation of the original document within four years after the date a record of an instrument, judgment, order, or decree was lost, destroyed, or removed is effective from the time of the original recordation.

  9. Tex. Civil Practice & Remedies Code Sec. 19.009. CERTIFIED COPY. If the loss, destruction, or removal of an original county record is established, a certified copy of the record from the records of that county or from the records of the county from which that county was created may be recorded in the county.

Chapter 20

  1. Tex. Civil Practice & Remedies Code Sec. 20.001. PERSONS WHO MAY TAKE A DEPOSITION ON WRITTEN QUESTIONS.

Chapter 21

  1. Tex. Civil Practice & Remedies Code Sec. 21.001. DEFINITION. In this subchapter, "deaf person" means an individual who has a hearing impairment, regardless of whether the person also has a speech impairment, that inhibits the person's comprehension of proceedings or communication with others.

  2. Tex. Civil Practice & Remedies Code Sec. 21.002. INTERPRETERS FOR DEAF PERSONS.

  3. Tex. Civil Practice & Remedies Code Sec. 21.003. QUALIFICATIONS. The interpreter must hold a current legal certificate issued by the National Registry of Interpreters for the Deaf or a current court interpreter certificate issued by the Board for Evaluation of Interpreters in the Department of Assistive and Rehabilitative Services.

  4. Tex. Civil Practice & Remedies Code Sec. 21.004. INTERPRETER'S POSITION IN COURT. If a court is required to appoint an interpreter under this subchapter, the court may not start proceedings until the appointed interpreter is in court in a position not more than 10 feet from and in full view of the deaf person.

  5. Tex. Civil Practice & Remedies Code Sec. 21.005. OATH.

  6. Tex. Civil Practice & Remedies Code Sec. 21.006. FEES AND TRAVEL EXPENSES.

  7. Tex. Civil Practice & Remedies Code Sec. 21.007. RECORDING OF TESTIMONY.

  8. Tex. Civil Practice & Remedies Code Sec. 21.008. PRIVILEGE OF INTERPRETER FOR THE DEAF. If a deaf person communicates through an interpreter to a person under circumstances in which the communication would be privileged and the deaf person could not be required to testify about the communication, the privilege applies to the interpreter as well.

  9. Tex. Civil Practice & Remedies Code Sec. 21.009. JURY DELIBERATIONS; VERDICT.

  10. Tex. Civil Practice & Remedies Code Sec. 21.021. APPLICATION. This subchapter applies to a county that:

  11. Tex. Civil Practice & Remedies Code Sec. 21.022. APPOINTMENT.

  12. Tex. Civil Practice & Remedies Code Sec. 21.023. INTERPRETER'S QUALIFICATIONS. The court interpreter must be well versed in and competent to speak the Spanish and English languages.

  13. Tex. Civil Practice & Remedies Code Sec. 21.031. APPOINTMENT; TERMINATION OF EMPLOYMENT; DUTIES.

  14. Tex. Civil Practice & Remedies Code Sec. 21.032. OATH. The official interpreter appointed under this subchapter must take the constitutional oath of office and an oath that the interpreter will faithfully interpret all testimony given in court. An oath covers the interpreter's service in all court cases during the interpreter's term of office.

Chapter 22

  1. Tex. Civil Practice & Remedies Code Sec. 22.001. WITNESS FEES.

  2. Tex. Civil Practice & Remedies Code Sec. 22.002. DISTANCE FOR SUBPOENAS. A witness who is represented to reside 150 miles or less from a county in which a suit is pending or who may be found within that distance at the time of trial on the suit may be subpoenaed in the suit.

  3. Tex. Civil Practice & Remedies Code Sec. 22.003. FEES FOR WITNESSES SUMMONED BY A STATE AGENCY.

  4. Tex. Civil Practice & Remedies Code Sec. 22.004. FEE FOR PRODUCTION OR CERTIFICATION OF DOCUMENTS.

  5. Tex. Civil Practice & Remedies Code Sec. 22.011. PRIVILEGE FROM ARREST.

  6. Tex. Civil Practice & Remedies Code Sec. 22.021. DEFINITIONS. In this subchapter:

  7. Tex. Civil Practice & Remedies Code Sec. 22.022. PURPOSE. The purpose of this subchapter is to increase the free flow of information and preserve a free and active press and, at the same time, protect the right of the public to effective law enforcement and the fair administration of justice.

  8. Tex. Civil Practice & Remedies Code Sec. 22.023. PRIVILEGE.

  9. Tex. Civil Practice & Remedies Code Sec. 22.024. LIMITED DISCLOSURE GENERALLY. After notice and an opportunity to be heard, a court may compel a journalist, a journalist's employer, or a person with an independent contract with a journalist to testify regarding or to produce or disclose any information, document, or item or the source of any information, document, or item obtained while acting as a journalist, if the person seeking the information, document, or item or the source of any information, document, or item makes a clear and specific showing that:

  10. Tex. Civil Practice & Remedies Code Sec. 22.025. NOTICE. An order to compel testimony, production, or disclosure to which a journalist has asserted a privilege under this subchapter may be issued only after timely notice to the journalist, the journalist's employer, or a person who has an independent contract with the journalist and a hearing. The order must include clear and specific findings as to the showing made by the person seeking the testimony, production, or disclosure and the clear and specific evidence on which the court relied in issuing the court's order.

  11. Tex. Civil Practice & Remedies Code Sec. 22.026. PUBLICATION OF PRIVILEGED INFORMATION. Publication or dissemination by a news medium or communication service provider of information, documents, or items privileged under this subchapter is not a waiver of the journalist's privilege.

  12. Tex. Civil Practice & Remedies Code Sec. 22.027. NEWS MEDIA RECORDINGS. Extrinsic evidence of the authenticity of evidence as a condition precedent to the admissibility of the evidence in a civil proceeding is not required with respect to a recording that purports to be a broadcast by a radio or television station that holds a license issued by the Federal Communications Commission at the time of the recording. The court may take judicial notice of the recording license as provided by Rule 201, Texas Rules of Evidence.

Chapter 23

  1. Tex. Civil Practice & Remedies Code Sec. 23.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 23.002. RECESS.

Chapter 24

  1. Tex. Civil Practice & Remedies Code Sec. 24.001. RECORDING PROHIBITED. A person may not use any device to produce or make an audio, visual, or audio-visual broadcast, recording, or photograph of a jury while the jury is deliberating.

Chapter 26

  1. Tex. Civil Practice & Remedies Code Sec. 26.001. ADOPTION OF RULES BY SUPREME COURT.

  2. Tex. Civil Practice & Remedies Code Sec. 26.002. MANDATORY GUIDELINES. Rules adopted under Section 26.001 must comply with the mandatory guidelines established by this chapter.

  3. Tex. Civil Practice & Remedies Code Sec. 26.003. ATTORNEY'S FEES.

  4. Tex. Civil Practice & Remedies Code Sec. 26.051. STATE AGENCY WITH EXCLUSIVE OR PRIMARY JURISDICTION.

Chapter 27

  1. Tex. Civil Practice & Remedies Code Sec. 27.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 27.002. PURPOSE. The purpose of this chapter is to encourage and safeguard the constitutional rights of persons to petition, speak freely, associate freely, and otherwise participate in government to the maximum extent permitted by law and, at the same time, protect the rights of a person to file meritorious lawsuits for demonstrable injury.

  3. Tex. Civil Practice & Remedies Code Sec. 27.003. MOTION TO DISMISS.

  4. Tex. Civil Practice & Remedies Code Sec. 27.004. HEARING.

  5. Tex. Civil Practice & Remedies Code Sec. 27.005. RULING.

  6. Tex. Civil Practice & Remedies Code Sec. 27.006. PROOF.

  7. Tex. Civil Practice & Remedies Code Sec. 27.007. ADDITIONAL FINDINGS.

  8. Tex. Civil Practice & Remedies Code Sec. 27.0075. EFFECT OF RULING. Neither the court's ruling on the motion nor the fact that it made such a ruling shall be admissible in evidence at any later stage of the case, and no burden of proof or degree of proof otherwise applicable shall be affected by the ruling.

  9. Tex. Civil Practice & Remedies Code Sec. 27.008. APPEAL.

  10. Tex. Civil Practice & Remedies Code Sec. 27.009. DAMAGES AND COSTS.

  11. Tex. Civil Practice & Remedies Code Sec. 27.010. EXEMPTIONS.

  12. Tex. Civil Practice & Remedies Code Sec. 27.011. CONSTRUCTION.

Chapter 28

  1. Tex. Civil Practice & Remedies Code Sec. 28.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 28.002. APPLICABILITY OF CHAPTER. This chapter applies only to a civil action regarding the activities of a defense contractor, regardless of whether the contractor is a party.

  3. Tex. Civil Practice & Remedies Code Sec. 28.003. REQUIRED DISCLOSURES RELATED TO FUNDING OR FUNDING SOURCES.

  4. Tex. Civil Practice & Remedies Code Sec. 28.004. WITHHOLDING DISCLOSURE PROHIBITED.

  5. Tex. Civil Practice & Remedies Code Sec. 28.005. SANCTIONS. In addition to any other sanctions the court is permitted to impose under law, if a claimant fails to comply with this chapter, the court may:

Chapter 30

  1. Tex. Civil Practice & Remedies Code Sec. 30.001. INSTRUMENT TO WAIVE SERVICE OR CONFESS JUDGMENT. In an instrument executed before suit is brought, a person may not accept service and waive process, enter an appearance in open court, or confess a judgment.

  2. Tex. Civil Practice & Remedies Code Sec. 30.002. EXPIRATION OF JUDGE'S TERM; DEATH OF JUDGE.

  3. Tex. Civil Practice & Remedies Code Sec. 30.003. LEGISLATIVE CONTINUANCE.

  4. Tex. Civil Practice & Remedies Code Sec. 30.0035. PERSONAL SERVICE OF PROCESS DURING LEGISLATIVE PROCEEDING PROHIBITED. A person may not serve citation or other civil process in person on a member, officer, or employee of the senate or house of representatives during any legislative proceeding. A court shall quash any service made in violation of this section. The supreme court shall revoke the certification of a process server who violates this section.

  5. Tex. Civil Practice & Remedies Code Sec. 30.004. NOTICE TO ATTORNEY GENERAL FOR CERTAIN SUITS.

  6. Tex. Civil Practice & Remedies Code Sec. 30.005. RELIGIOUS HOLY DAY.

  7. Tex. Civil Practice & Remedies Code Sec. 30.006. CERTAIN LAW ENFORCEMENT AGENCY RECORDS NOT SUBJECT TO DISCOVERY.

  8. Tex. Civil Practice & Remedies Code Sec. 30.007. PRODUCTION OF FINANCIAL INSTITUTION RECORDS. Civil discovery of a customer record maintained by a financial institution is governed by Section 59.006, Finance Code.

  9. Tex. Civil Practice & Remedies Code Sec. 30.008. DEMAND FOR JURY TRIAL IN JUSTICE COURT; FAILURE TO APPEAR.

  10. Tex. Civil Practice & Remedies Code Sec. 30.009. MISTRIAL IN JUSTICE COURT OR MUNICIPAL COURT. If a jury in a trial in a justice court or a municipal court is discharged without having rendered a verdict, the cause may be tried again as soon as practicable.

  11. Tex. Civil Practice & Remedies Code Sec. 30.010. PERSONAL IDENTIFYING INFORMATION PRIVILEGED FROM DISCOVERY BY INMATE OR COMMITTED PERSON.

  12. Tex. Civil Practice & Remedies Code Sec. 30.011. ELECTRONIC SUBPOENA APPLICATION. In addition to any other procedure permitted under state law or by court rule, an application for issuance of a subpoena may be made by electronic means.

  13. Tex. Civil Practice & Remedies Code Sec. 30.012. USE OF COMMUNICATION EQUIPMENT IN CERTAIN PROCEEDINGS.

  14. Tex. Civil Practice & Remedies Code Sec. 30.013. CONFIDENTIAL IDENTITY IN ACTIONS INVOLVING SEXUAL ABUSE OF A MINOR.

  15. Tex. Civil Practice & Remedies Code Sec. 30.014. PLEADINGS MUST CONTAIN PARTIAL IDENTIFICATION INFORMATION.

  16. Tex. Civil Practice & Remedies Code Sec. 30.015. PROVISION OF CURRENT ADDRESS OF PARTY IN CIVIL ACTION.

  17. Tex. Civil Practice & Remedies Code Sec. 30.016. RECUSAL OR DISQUALIFICATION OF CERTAIN JUDGES.

  18. Tex. Civil Practice & Remedies Code Sec. 30.017. CLAIMS AGAINST CERTAIN JUDGES.

  19. Tex. Civil Practice & Remedies Code Sec. 30.018. COURT CLERK'S EXECUTION DOCKET.

  20. Tex. Civil Practice & Remedies Code Sec. 30.021. AWARD OF ATTORNEY'S FEES IN RELATION TO CERTAIN MOTIONS TO DISMISS. In a civil proceeding, on a trial court's granting or denial, in whole or in part, of a motion to dismiss filed under the rules adopted by the supreme court under Section 22.004(g), Government Code, the court may award costs and reasonable and necessary attorney's fees to the prevailing party. This section does not apply to actions by or against the state, other governmental entities, or public officials acting in their official capacity or under color of law.

  21. Tex. Civil Practice & Remedies Code Sec. 30.022. AWARD OF ATTORNEY'S FEES IN ACTIONS CHALLENGING ABORTION LAWS.

  22. Tex. Civil Practice & Remedies Code Sec. 30.023. SPECIAL PROCEDURES FOR CONTEST OF CONSTITUTIONAL AMENDMENT ELECTION.

  23. Tex. Civil Practice & Remedies Code Sec. 30.024. FEE SHIFTING.

Chapter 31

  1. Tex. Civil Practice & Remedies Code Sec. 31.001. PASSAGE OF TITLE. A judgment for the conveyance of real property or the delivery of personal property may pass title to the property without additional action by the party against whom the judgment is rendered.

  2. Tex. Civil Practice & Remedies Code Sec. 31.002. COLLECTION OF JUDGMENT THROUGH COURT PROCEEDING.

  3. Tex. Civil Practice & Remedies Code Sec. 31.0025. AUTHORITY OF COURT TO ORDER TURNOVER OF WAGES.

  4. Tex. Civil Practice & Remedies Code Sec. 31.003. JUDGMENT AGAINST PARTNERSHIP. If a suit is against several partners who are jointly indebted under a contract and citation has been served on at least one but not all of the partners, the court may render judgment against the partnership and against the partners who were actually served, but may not award a personal judgment or execution against any partner who was not served.

  5. Tex. Civil Practice & Remedies Code Sec. 31.004. EFFECT OF ADJUDICATION IN LOWER TRIAL COURT.

  6. Tex. Civil Practice & Remedies Code Sec. 31.005. EFFECT OF ADJUDICATION IN SMALL CLAIMS OR JUSTICE OF THE PEACE COURT. A judgment or a determination of fact or law in a proceeding in small claims court or justice of the peace court is not res judicata and does not constitute a basis for estoppel by judgment in a proceeding in a county court or statutory county court, except that the judgment rendered is binding on the parties thereto as to recovery or denial of recovery.

  7. Tex. Civil Practice & Remedies Code Sec. 31.006. REVIVAL OF JUDGMENT. A dormant judgment may be revived by scire facias or by an action of debt brought not later than the second anniversary of the date that the judgment becomes dormant.

  8. Tex. Civil Practice & Remedies Code Sec. 31.007. PARTIES RESPONSIBLE FOR ACCOUNTING OF OWN COSTS.

  9. Tex. Civil Practice & Remedies Code Sec. 31.008. PAYMENT OF UNCLAIMED JUDGMENT.

  10. Tex. Civil Practice & Remedies Code Sec. 31.010. TURNOVER BY FINANCIAL INSTITUTION.

Chapter 32

  1. Tex. Civil Practice & Remedies Code Sec. 32.001. APPLICATION.

  2. Tex. Civil Practice & Remedies Code Sec. 32.002. RIGHT OF ACTION. A person against whom a judgment is rendered has, on payment of the judgment, a right of action to recover payment from each codefendant against whom judgment is also rendered.

  3. Tex. Civil Practice & Remedies Code Sec. 32.003. RECOVERY.

Chapter 33

  1. Tex. Civil Practice & Remedies Code Sec. 33.001. PROPORTIONATE RESPONSIBILITY. In an action to which this chapter applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent.

  2. Tex. Civil Practice & Remedies Code Sec. 33.002. APPLICABILITY.

  3. Tex. Civil Practice & Remedies Code Sec. 33.003. DETERMINATION OF PERCENTAGE OF RESPONSIBILITY.

  4. Tex. Civil Practice & Remedies Code Sec. 33.004. DESIGNATION OF RESPONSIBLE THIRD PARTY.

  5. Tex. Civil Practice & Remedies Code Sec. 33.011. DEFINITIONS. In this chapter:

  6. Tex. Civil Practice & Remedies Code Sec. 33.012. AMOUNT OF RECOVERY.

  7. Tex. Civil Practice & Remedies Code Sec. 33.013. AMOUNT OF LIABILITY.

  8. Tex. Civil Practice & Remedies Code Sec. 33.015. CONTRIBUTION.

  9. Tex. Civil Practice & Remedies Code Sec. 33.016. CLAIM AGAINST CONTRIBUTION DEFENDANT.

  10. Tex. Civil Practice & Remedies Code Sec. 33.017. PRESERVATION OF EXISTING RIGHTS OF INDEMNITY. Nothing in this chapter shall be construed to affect any rights of indemnity granted by any statute, by contract, or by common law. To the extent of any conflict between this chapter and any right to indemnification granted by statute, contract, or common law, those rights of indemnification shall prevail over the provisions of this chapter.

Chapter 34

  1. Tex. Civil Practice & Remedies Code Sec. 34.001. NO EXECUTION ON DORMANT JUDGMENT.

  2. Tex. Civil Practice & Remedies Code Sec. 34.002. EFFECT OF PLAINTIFF'S DEATH.

  3. Tex. Civil Practice & Remedies Code Sec. 34.003. EFFECT OF DEFENDANT'S DEATH. The death of the defendant after a writ of execution is issued stays the execution proceedings, but any lien acquired by levy of the writ must be recognized and enforced by the county court in the payment of the debts of the deceased.

  4. Tex. Civil Practice & Remedies Code Sec. 34.004. LEVY ON PROPERTY CONVEYED TO THIRD PARTY. Property that the judgment debtor has sold, mortgaged, or conveyed in trust may not be seized in execution if the purchaser, mortgagee, or trustee points out other property of the debtor in the county that is sufficient to satisfy the execution.

  5. Tex. Civil Practice & Remedies Code Sec. 34.005. LEVY ON PROPERTY OF SURETY.

  6. Tex. Civil Practice & Remedies Code Sec. 34.021. RECOVERY OF PROPERTY BEFORE SALE. A person is entitled to recover his property that has been seized through execution of a writ issued by a court if the judgment on which execution is issued is reversed or set aside and the property has not been sold at execution.

  7. Tex. Civil Practice & Remedies Code Sec. 34.022. RECOVERY OF PROPERTY VALUE AFTER SALE.

  8. Tex. Civil Practice & Remedies Code Sec. 34.041. SALE AT PLACE OTHER THAN COURTHOUSE DOOR; DATE AND TIME OF SALE.

  9. Tex. Civil Practice & Remedies Code Sec. 34.042. SALE OF CITY LOTS. If real property taken in execution consists of several lots, tracts, or parcels in a city or town, each lot, tract, or parcel must be offered for sale separately unless not susceptible to separate sale because of the character of improvements.

  10. Tex. Civil Practice & Remedies Code Sec. 34.043. SALE OF RURAL PROPERTY.

  11. Tex. Civil Practice & Remedies Code Sec. 34.044. STOCK SHARES SUBJECT TO SALE. Shares of stock in a corporation or joint-stock company that are owned by a defendant in execution may be sold on execution.

  12. Tex. Civil Practice & Remedies Code Sec. 34.0445. PERSONS ELIGIBLE TO PURCHASE REAL PROPERTY.

  13. Tex. Civil Practice & Remedies Code Sec. 34.045. CONVEYANCE OF TITLE AFTER SALE.

  14. Tex. Civil Practice & Remedies Code Sec. 34.046. PURCHASER CONSIDERED INNOCENT PURCHASER WITHOUT NOTICE. The purchaser of property sold under execution is considered to be an innocent purchaser without notice if the purchaser would have been considered an innocent purchaser without notice had the sale been made voluntarily and in person by the defendant.

  15. Tex. Civil Practice & Remedies Code Sec. 34.047. DISTRIBUTION OF SALE PROCEEDS.

  16. Tex. Civil Practice & Remedies Code Sec. 34.048. PURCHASE BY OFFICER VOID. If an officer or his deputy conducting an execution sale directly or indirectly purchases the property, the sale is void.

  17. Tex. Civil Practice & Remedies Code Sec. 34.061. DUTY TOWARD SEIZED PERSONALTY; LIABILITY.

  18. Tex. Civil Practice & Remedies Code Sec. 34.062. DUTY OF SUCCESSOR OFFICER. If the officer who receives a writ of execution dies or goes out of office before the writ is returned, his successor or the officer authorized to discharge the duties of the office shall proceed in the same manner as the receiving officer was required to proceed.

  19. Tex. Civil Practice & Remedies Code Sec. 34.063. IMPROPER ENDORSEMENT OF WRIT.

  20. Tex. Civil Practice & Remedies Code Sec. 34.064. IMPROPER RETURN OF WRIT.

  21. Tex. Civil Practice & Remedies Code Sec. 34.065. FAILURE TO LEVY OR SELL.

  22. Tex. Civil Practice & Remedies Code Sec. 34.066. IMPROPER SALE.

  23. Tex. Civil Practice & Remedies Code Sec. 34.067. FAILURE TO DELIVER MONEY COLLECTED. If an officer fails or refuses to deliver money collected under an execution when demanded by the person entitled to receive the money, the officer and the officer's sureties are liable to the person for the amount collected and for damages at a rate of one percent a month on that amount if proven by the injured party.

  24. Tex. Civil Practice & Remedies Code Sec. 34.068. RULES GOVERNING ACTIONS UNDER THIS CHAPTER.

  25. Tex. Civil Practice & Remedies Code Sec. 34.069. PAYMENT OF DAMAGES. A county, at the discretion of the commissioners court, may pay any judgment taken against an officer under Section 7.001, 34.061, 34.063, 34.064, 34.065, 34.066, or 34.067 or under Section 86.023, Local Government Code, provided that this section does not apply if the officer is finally convicted under Section 39.02 or 39.03, Penal Code.

  26. Tex. Civil Practice & Remedies Code Sec. 34.070. RIGHT OF SUBROGATION. An officer against whom a judgment has been taken under Section 7.001, 7.002, 34.061, 34.063, 34.064, 34.065, 34.066, or 34.067 or under Section 86.023, Local Government Code, or a county that has paid the judgment on behalf of the officer under Section 34.069, has a right of subrogation against the debtor or person against whom the writ was issued.

  27. Tex. Civil Practice & Remedies Code Sec. 34.071. DUTIES OF EXECUTING OFFICER. An officer receiving a writ of execution does not have a duty to:

  28. Tex. Civil Practice & Remedies Code Sec. 34.072. TIMING OF EXECUTION AND RETURN.

  29. Tex. Civil Practice & Remedies Code Sec. 34.073. TRANSFER OF WRIT; NO DUTY TO LEVY OUTSIDE OF COUNTY.

  30. Tex. Civil Practice & Remedies Code Sec. 34.074. OFFICER'S SURETY.

  31. Tex. Civil Practice & Remedies Code Sec. 34.075. WRONGFUL LEVY. Whenever a distress warrant, writ of execution, sequestration, attachment, or other like writ is levied upon personal property, and the property, or any part of the property, is claimed by any claimant who is not a party to the writ, the only remedy against a sheriff or constable for wrongful levy on the property is by trial of right of property under Part VI, Section 9, Texas Rules of Civil Procedure.

  32. Tex. Civil Practice & Remedies Code Sec. 34.076. EXCLUSIVE REMEDY. This subchapter is the exclusive remedy for violations of an officer's duties with regard to the execution and return of writs without regard to the source of the duty prescribed by law.

Chapter 35

  1. Tex. Civil Practice & Remedies Code Sec. 35.001. DEFINITION. In this chapter, "foreign judgment" means a judgment, decree, or order of a court of the United States or of any other court that is entitled to full faith and credit in this state.

  2. Tex. Civil Practice & Remedies Code Sec. 35.002. SHORT TITLE. This chapter may be cited as the Uniform Enforcement of Foreign Judgments Act.

  3. Tex. Civil Practice & Remedies Code Sec. 35.003. FILING AND STATUS OF FOREIGN JUDGMENTS.

  4. Tex. Civil Practice & Remedies Code Sec. 35.004. AFFIDAVIT; NOTICE OF FILING.

  5. Tex. Civil Practice & Remedies Code Sec. 35.006. STAY.

  6. Tex. Civil Practice & Remedies Code Sec. 35.007. FEES.

  7. Tex. Civil Practice & Remedies Code Sec. 35.008. OPTIONAL PROCEDURE. A judgment creditor retains the right to bring an action to enforce a judgment instead of proceeding under this chapter.

Chapter 37

  1. Tex. Civil Practice & Remedies Code Sec. 37.001. DEFINITION. In this chapter, "person" means an individual, partnership, joint-stock company, unincorporated association or society, or municipal or other corporation of any character.

  2. Tex. Civil Practice & Remedies Code Sec. 37.002. SHORT TITLE, CONSTRUCTION, INTERPRETATION.

  3. Tex. Civil Practice & Remedies Code Sec. 37.003. POWER OF COURTS TO RENDER JUDGMENT; FORM AND EFFECT.

  4. Tex. Civil Practice & Remedies Code Sec. 37.004. SUBJECT MATTER OF RELIEF.

  5. Tex. Civil Practice & Remedies Code Sec. 37.005. DECLARATIONS RELATING TO TRUST OR ESTATE. A person interested as or through an executor or administrator, including an independent executor or administrator, a trustee, guardian, other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust in the administration of a trust or of the estate of a decedent, an infant, mentally incapacitated person, or insolvent may have a declaration of rights or legal relations in respect to the trust or estate:

  6. Tex. Civil Practice & Remedies Code Sec. 37.0055. DECLARATIONS RELATING TO LIABILITY FOR SALES AND USE TAXES OF ANOTHER STATE.

  7. Tex. Civil Practice & Remedies Code Sec. 37.006. PARTIES.

  8. Tex. Civil Practice & Remedies Code Sec. 37.007. JURY TRIAL. If a proceeding under this chapter involves the determination of an issue of fact, the issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.

  9. Tex. Civil Practice & Remedies Code Sec. 37.008. COURT REFUSAL TO RENDER. The court may refuse to render or enter a declaratory judgment or decree if the judgment or decree would not terminate the uncertainty or controversy giving rise to the proceeding.

  10. Tex. Civil Practice & Remedies Code Sec. 37.009. COSTS. In any proceeding under this chapter, the court may award costs and reasonable and necessary attorney's fees as are equitable and just.

  11. Tex. Civil Practice & Remedies Code Sec. 37.010. REVIEW. All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees.

  12. Tex. Civil Practice & Remedies Code Sec. 37.011. SUPPLEMENTAL RELIEF. Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application must be by petition to a court having jurisdiction to grant the relief. If the application is deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree to show cause why further relief should not be granted forthwith.

Chapter 38

  1. Tex. Civil Practice & Remedies Code Sec. 38.001. RECOVERY OF ATTORNEY'S FEES.

  2. Tex. Civil Practice & Remedies Code Sec. 38.0015. RECOVERY OF ATTORNEY'S FEES AS COMPENSATORY DAMAGES.

  3. Tex. Civil Practice & Remedies Code Sec. 38.002. PROCEDURE FOR RECOVERY OF ATTORNEY'S FEES. To recover attorney's fees under this chapter:

  4. Tex. Civil Practice & Remedies Code Sec. 38.003. PRESUMPTION. It is presumed that the usual and customary attorney's fees for a claim of the type described in Section 38.001 are reasonable. The presumption may be rebutted.

  5. Tex. Civil Practice & Remedies Code Sec. 38.004. JUDICIAL NOTICE. The court may take judicial notice of the usual and customary attorney's fees and of the contents of the case file without receiving further evidence in:

  6. Tex. Civil Practice & Remedies Code Sec. 38.005. LIBERAL CONSTRUCTION. This chapter shall be liberally construed to promote its underlying purposes.

  7. Tex. Civil Practice & Remedies Code Sec. 38.006. EXCEPTIONS. This chapter does not apply to a contract issued by an insurer that is subject to the provisions of:

Chapter 39

  1. Tex. Civil Practice & Remedies Code Sec. 39.001. NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT. Notice of intent to take a default judgment against the state, a state agency, or a party in a civil case for which Chapter 104 authorizes representation by the attorney general shall be mailed to the attorney general at the attorney general's office in Austin, Texas, by United States Postal Service certified mail, return receipt requested, not later than the 10th day before the entry of the default judgment.

  2. Tex. Civil Practice & Remedies Code Sec. 39.002. FAILURE TO GIVE NOTICE. Failure to give notice in a case in which notice is required by Section 30.004(b) or Section 39.001 results in any default judgment in the case being set aside without costs.

Chapter 40

  1. Tex. Civil Practice & Remedies Code Sec. 40.001. ENDOWMENT OF CERTAIN NONPROFIT INSTITUTIONS.

Chapter 41

  1. Tex. Civil Practice & Remedies Code Sec. 41.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 41.002. APPLICABILITY.

  3. Tex. Civil Practice & Remedies Code Sec. 41.003. STANDARDS FOR RECOVERY OF EXEMPLARY DAMAGES.

  4. Tex. Civil Practice & Remedies Code Sec. 41.004. FACTORS PRECLUDING RECOVERY.

  5. Tex. Civil Practice & Remedies Code Sec. 41.005. HARM RESULTING FROM CRIMINAL ACT.

  6. Tex. Civil Practice & Remedies Code Sec. 41.006. AWARD SPECIFIC TO DEFENDANT. In any action in which there are two or more defendants, an award of exemplary damages must be specific as to a defendant, and each defendant is liable only for the amount of the award made against that defendant.

  7. Tex. Civil Practice & Remedies Code Sec. 41.007. PREJUDGMENT INTEREST. Prejudgment interest may not be assessed or recovered on an award of exemplary damages.

  8. Tex. Civil Practice & Remedies Code Sec. 41.008. LIMITATION ON AMOUNT OF RECOVERY.

  9. Tex. Civil Practice & Remedies Code Sec. 41.009. BIFURCATED TRIAL.

  10. Tex. Civil Practice & Remedies Code Sec. 41.010. CONSIDERATIONS IN MAKING AWARD.

  11. Tex. Civil Practice & Remedies Code Sec. 41.0105. EVIDENCE RELATING TO AMOUNT OF ECONOMIC DAMAGES. In addition to any other limitation under law, recovery of medical or health care expenses incurred is limited to the amount actually paid or incurred by or on behalf of the claimant.

  12. Tex. Civil Practice & Remedies Code Sec. 41.011. EVIDENCE RELATING TO AMOUNT OF EXEMPLARY DAMAGES.

  13. Tex. Civil Practice & Remedies Code Sec. 41.0115. DISCOVERY OF EVIDENCE OF NET WORTH FOR EXEMPLARY DAMAGES CLAIM.

  14. Tex. Civil Practice & Remedies Code Sec. 41.012. JURY INSTRUCTIONS. In a trial to a jury, the court shall instruct the jury with regard to Sections 41.001, 41.003, 41.010, and 41.011.

  15. Tex. Civil Practice & Remedies Code Sec. 41.013. JUDICIAL REVIEW OF AWARD.

  16. Tex. Civil Practice & Remedies Code Sec. 41.014. INTEREST ON DAMAGES SUBJECT TO MEDICARE SUBROGATION.

Chapter 42

  1. Tex. Civil Practice & Remedies Code Sec. 42.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 42.002. APPLICABILITY AND EFFECT.

  3. Tex. Civil Practice & Remedies Code Sec. 42.003. MAKING SETTLEMENT OFFER.

  4. Tex. Civil Practice & Remedies Code Sec. 42.004. AWARDING LITIGATION COSTS.

  5. Tex. Civil Practice & Remedies Code Sec. 42.005. SUPREME COURT TO MAKE RULES.

Chapter 43

  1. Tex. Civil Practice & Remedies Code Sec. 43.001. DEFINITION. In this chapter, "surety" includes:

  2. Tex. Civil Practice & Remedies Code Sec. 43.002. SUIT ON ACCRUED RIGHT OF ACTION.

  3. Tex. Civil Practice & Remedies Code Sec. 43.003. PRIORITY OF EXECUTION.

  4. Tex. Civil Practice & Remedies Code Sec. 43.004. SUBROGATION RIGHTS OF SURETY.

  5. Tex. Civil Practice & Remedies Code Sec. 43.005. OFFICER TREATED AS SURETY.

Chapter 51

  1. Tex. Civil Practice & Remedies Code Sec. 51.001. APPEAL FROM JUSTICE COURT TO COUNTY OR DISTRICT COURT.

  2. Tex. Civil Practice & Remedies Code Sec. 51.002. CERTIORARI FROM JUSTICE COURT.

  3. Tex. Civil Practice & Remedies Code Sec. 51.011. APPEAL FROM COUNTY OR DISTRICT COURT AFTER CERTIORARI FROM JUSTICE COURT. If a county or district court hears a case on certiorari from a justice court, a person may take an appeal or writ of error from the judgment of the county or district court. The appeal or writ of error is subject to the rules that apply in a case appealed from a justice court.

  4. Tex. Civil Practice & Remedies Code Sec. 51.012. APPEAL OR WRIT OF ERROR TO COURT OF APPEALS. In a civil case in which the judgment or amount in controversy exceeds $250, exclusive of interest and costs, a person may take an appeal or writ of error to the court of appeals from a final judgment of the district or county court.

  5. Tex. Civil Practice & Remedies Code Sec. 51.013. TIME FOR TAKING WRIT OF ERROR TO COURT OF APPEALS. In a case in which a writ of error to the court of appeals is allowed, the writ of error may be taken at any time within six months after the date the final judgment is rendered.

  6. Tex. Civil Practice & Remedies Code Sec. 51.014. APPEAL FROM INTERLOCUTORY ORDER.

  7. Tex. Civil Practice & Remedies Code Sec. 51.015. COSTS OF APPEAL. In the case of an appeal brought pursuant to Section 51.014(a)(6), if the order appealed from is affirmed, the court of appeals shall order the appellant to pay all costs and reasonable attorney fees of the appeal; otherwise, each party shall be liable for and taxed its own costs of the appeal.

  8. Tex. Civil Practice & Remedies Code Sec. 51.016. APPEAL ARISING UNDER FEDERAL ARBITRATION ACT. In a matter subject to the Federal Arbitration Act (9 U.S.C. Section 1 et seq.), a person may take an appeal or writ of error to the court of appeals from the judgment or interlocutory order of a district court, a county court at law, a county court, or the business court under the same circumstances that an appeal from a federal district court's order or decision would be permitted by 9 U.S.C. Section 16.

  9. Tex. Civil Practice & Remedies Code Sec. 51.017. SERVICE OF NOTICE ON COURT REPORTER.

  10. Tex. Civil Practice & Remedies Code Sec. 51.018. APPENDIX IN LIEU OF CLERK'S RECORD.

Chapter 52

  1. Tex. Civil Practice & Remedies Code Sec. 52.001. DEFINITION. In this chapter, "security" means a bond or deposit posted, as provided by the Texas Rules of Appellate Procedure, by a judgment debtor to suspend execution of the judgment during appeal of the judgment.

  2. Tex. Civil Practice & Remedies Code Sec. 52.005. CONFLICT WITH TEXAS RULES OF APPELLATE PROCEDURE.

  3. Tex. Civil Practice & Remedies Code Sec. 52.006. AMOUNT OF SECURITY FOR MONEY JUDGMENT.

  4. Tex. Civil Practice & Remedies Code Sec. 52.007. ALTERNATIVE SECURITY IN CERTAIN CASES.

Chapter 61

  1. Tex. Civil Practice & Remedies Code Sec. 61.001. GENERAL GROUNDS. A writ of original attachment is available to a plaintiff in a suit if:

  2. Tex. Civil Practice & Remedies Code Sec. 61.002. SPECIFIC GROUNDS. Attachment is available if:

  3. Tex. Civil Practice & Remedies Code Sec. 61.0021. GROUNDS FOR ATTACHMENT IN SUIT FOR SEXUAL ASSAULT.

  4. Tex. Civil Practice & Remedies Code Sec. 61.003. PENDING SUIT REQUIRED. A writ of attachment may be issued in a proper case at the initiation of a suit or at any time during the progress of a suit, but may not be issued before a suit has been instituted.

  5. Tex. Civil Practice & Remedies Code Sec. 61.004. AVAILABLE FOR DEBT NOT DUE. A writ of attachment may be issued even though the plaintiff's debt or demand is not due. The proceedings relating to the writ shall be as in other cases, except that final judgment may not be rendered against the defendant until the debt or demand becomes due.

  6. Tex. Civil Practice & Remedies Code Sec. 61.005. CERTAIN TORTS AND UNLIQUIDATED DEMANDS. Nothing in this chapter prevents issuance of a writ of attachment in a suit founded in tort or on an unliquidated demand against an individual, partnership, association, or corporation on whom personal service cannot be obtained in this state.

  7. Tex. Civil Practice & Remedies Code Sec. 61.021. WHO MAY ISSUE. The judge or clerk of a district court, a county court, or the business court or a justice of the peace may issue a writ of original attachment returnable to the court of issuance.

  8. Tex. Civil Practice & Remedies Code Sec. 61.022. AFFIDAVIT.

  9. Tex. Civil Practice & Remedies Code Sec. 61.023. BOND.

  10. Tex. Civil Practice & Remedies Code Sec. 61.041. SUBJECT PROPERTY. A writ of attachment may be levied only on property that by law is subject to levy under a writ of execution.

  11. Tex. Civil Practice & Remedies Code Sec. 61.042. ATTACHMENT OF PERSONALTY. The officer attaching personal property shall retain possession until final judgment unless the property is:

  12. Tex. Civil Practice & Remedies Code Sec. 61.043. ATTACHMENT OF REALTY.

  13. Tex. Civil Practice & Remedies Code Sec. 61.044. CLAIM ON ATTACHED PERSONALTY BY THIRD PARTY. A person other than the defendant may claim attached personal property by making an affidavit and giving bond in the manner provided by law for trial of right of property.

  14. Tex. Civil Practice & Remedies Code Sec. 61.045. ATTACHMENT OF PERSONALTY HELD BY FINANCIAL INSTITUTION. Service of a writ of attachment on a financial institution relating to personal property held by the financial institution in the name of or on behalf of a customer of the financial institution is governed by Section 59.008, Finance Code.

  15. Tex. Civil Practice & Remedies Code Sec. 61.061. ATTACHMENT LIEN. Unless quashed or vacated, an executed writ of attachment creates a lien from the date of levy on the real property attached, on the personal property held by the attaching officer, and on the proceeds of any attached personal property that may have been sold.

  16. Tex. Civil Practice & Remedies Code Sec. 61.062. JUDGMENT AND FORECLOSURE.

  17. Tex. Civil Practice & Remedies Code Sec. 61.063. JUDGMENT ON REPLEVIED PROPERTY. A judgment against a defendant who has replevied attached personal property shall be against the defendant and his sureties on the replevy bond for the amount of the judgment plus interest and costs or for an amount equal to the value of the replevied property plus interest, according to the terms of the replevy bond.

  18. Tex. Civil Practice & Remedies Code Sec. 61.081. EXEMPTION WHEN EN ROUTE TO OR IN AN EXHIBITION.

  19. Tex. Civil Practice & Remedies Code Sec. 61.082. HANDLING AND TRANSPORTATION. A court may not issue any process of attachment, execution, sequestration, replevin, or distress or of any kind of seizure, levy, or sale on a work of fine art unless the court requires, as part of the order authorizing the process, that the work of fine art is handled and transported in a manner that complies with the accepted standards of the artistic community for works of fine art, including, if appropriate, measures relating to the maintenance of proper environmental conditions, proper maintenance, security, and insurance coverage.

Chapter 62

  1. Tex. Civil Practice & Remedies Code Sec. 62.001. GROUNDS. A writ of sequestration is available to a plaintiff in a suit if:

  2. Tex. Civil Practice & Remedies Code Sec. 62.002. PENDING SUIT REQUIRED. A writ of sequestration may be issued at the initiation of a suit or at any time before final judgment.

  3. Tex. Civil Practice & Remedies Code Sec. 62.003. AVAILABLE FOR CLAIM NOT DUE. A writ of sequestration may be issued for personal property under a mortgage or a lien even though the right of action on the mortgage or lien has not accrued. The proceedings relating to the writ shall be as in other cases, except that final judgment may not be rendered against the defendant until the right of action has accrued.

  4. Tex. Civil Practice & Remedies Code Sec. 62.021. WHO MAY ISSUE. A district or county court judge or a justice of the peace may issue writs of sequestration returnable to his court.

  5. Tex. Civil Practice & Remedies Code Sec. 62.022. APPLICATION. The application for a writ of sequestration must be made under oath and must set forth:

  6. Tex. Civil Practice & Remedies Code Sec. 62.023. REQUIRED STATEMENT OF RIGHTS.

  7. Tex. Civil Practice & Remedies Code Sec. 62.041. MOTION FOR DISSOLUTION; STAY.

  8. Tex. Civil Practice & Remedies Code Sec. 62.042. HEARING ON MOTION. Unless the parties agree to an extension, the court shall conduct a hearing on the motion and determine the issue not later than the 10th day after the motion is filed.

  9. Tex. Civil Practice & Remedies Code Sec. 62.043. DISSOLUTION.

  10. Tex. Civil Practice & Remedies Code Sec. 62.044. COMPULSORY COUNTERCLAIM FOR WRONGFUL SEQUESTRATION.

  11. Tex. Civil Practice & Remedies Code Sec. 62.045. WRONGFUL SEQUESTRATION OF CONSUMER GOODS.

  12. Tex. Civil Practice & Remedies Code Sec. 62.046. LIABILITY FOR FRUIT OF REPLEVIED PROPERTY.

  13. Tex. Civil Practice & Remedies Code Sec. 62.061. OFFICER'S LIABILITY AND DUTY OF CARE.

  14. Tex. Civil Practice & Remedies Code Sec. 62.062. COMPENSATION OF OFFICER.

  15. Tex. Civil Practice & Remedies Code Sec. 62.063. INDEMNIFICATION OF OFFICER FOR MONEY SPENT. If an officer is required to expend money in the security, management, or care of sequestered property, he may retain possession of the property until the money is repaid by the party seeking to replevy the property or by that party's agent or attorney.

Chapter 63

  1. Tex. Civil Practice & Remedies Code Sec. 63.001. GROUNDS. A writ of garnishment is available if:

  2. Tex. Civil Practice & Remedies Code Sec. 63.002. WHO MAY ISSUE. The clerk of a district court, a county court, or the business court or a justice of the peace may issue a writ of garnishment returnable to the clerk's court.

  3. Tex. Civil Practice & Remedies Code Sec. 63.003. EFFECT OF SERVICE.

  4. Tex. Civil Practice & Remedies Code Sec. 63.004. CURRENT WAGES EXEMPT. Except as otherwise provided by state or federal law, current wages for personal service are not subject to garnishment. The garnishee shall be discharged from the garnishment as to any debt to the defendant for current wages.

  5. Tex. Civil Practice & Remedies Code Sec. 63.005. PLACE FOR TRIAL.

  6. Tex. Civil Practice & Remedies Code Sec. 63.006. ADMINISTRATIVE FEE FOR CERTAIN COSTS INCURRED BY EMPLOYERS.

  7. Tex. Civil Practice & Remedies Code Sec. 63.007. GARNISHMENT OF FUNDS HELD IN INMATE TRUST FUND.

  8. Tex. Civil Practice & Remedies Code Sec. 63.008. FINANCIAL INSTITUTION AS GARNISHEE. Service of a writ of garnishment on a financial institution named as the garnishee in the writ is governed by Section 59.008, Finance Code.

Chapter 64

  1. Tex. Civil Practice & Remedies Code Sec. 64.001. AVAILABILITY OF REMEDY.

  2. Tex. Civil Practice & Remedies Code Sec. 64.002. PERSONS NOT ENTITLED TO APPOINTMENT.

  3. Tex. Civil Practice & Remedies Code Sec. 64.003. FOREIGN APPOINTMENT. A court outside this state may not appoint a receiver for:

  4. Tex. Civil Practice & Remedies Code Sec. 64.004. APPLICATION OF EQUITY RULES. Unless inconsistent with this chapter or other general law, the rules of equity govern all matters relating to the appointment, powers, duties, and liabilities of a receiver and to the powers of a court regarding a receiver.

  5. Tex. Civil Practice & Remedies Code Sec. 64.021. QUALIFICATIONS; RESIDENCE REQUIREMENT.

  6. Tex. Civil Practice & Remedies Code Sec. 64.022. OATH. Before a person assumes the duties of a receiver, he must be sworn to perform the duties faithfully.

  7. Tex. Civil Practice & Remedies Code Sec. 64.023. BOND. Before a person assumes the duties of a receiver, he must execute a good and sufficient bond that is:

  8. Tex. Civil Practice & Remedies Code Sec. 64.031. GENERAL POWERS AND DUTIES. Subject to the control of the court, a receiver may:

  9. Tex. Civil Practice & Remedies Code Sec. 64.032. INVENTORY. As soon as possible after appointment, a receiver shall return to the appointing court an inventory of all property received.

  10. Tex. Civil Practice & Remedies Code Sec. 64.033. SUITS BY RECEIVER. A receiver may bring suits in his official capacity without permission of the appointing court.

  11. Tex. Civil Practice & Remedies Code Sec. 64.034. INVESTMENTS, LOANS, AND CONTRIBUTIONS OF FUNDS.

  12. Tex. Civil Practice & Remedies Code Sec. 64.035. DEPOSIT OF CERTAIN RAILROAD FUNDS. If a receiver operates a railroad that lies wholly within this state, the receiver shall deposit all money that comes into his hands, from operation of the railroad or otherwise, in a place in this state directed by the court. The money shall remain on deposit until properly disbursed. If any portion of the railroad lies in another state, the court shall require the receiver to deposit in this state a share of the funds that is at least proportionate to the value of the property of the company in this state.

  13. Tex. Civil Practice & Remedies Code Sec. 64.036. RECEIVERSHIP PROPERTY HELD BY FINANCIAL INSTITUTION. Service or delivery of a notice of receivership, or a demand or instruction by or on behalf of a receiver, relating to receivership property held by a financial institution in the name of or on behalf of a customer of the financial institution is governed by Section 59.008, Finance Code.

  14. Tex. Civil Practice & Remedies Code Sec. 64.051. APPLICATION OF FUNDS; PREFERENCES.

  15. Tex. Civil Practice & Remedies Code Sec. 64.052. SUITS AGAINST RECEIVER.

  16. Tex. Civil Practice & Remedies Code Sec. 64.053. PAYMENT OF JUDGMENT AGAINST RECEIVER. The court that appointed a receiver shall order any judgment against the receiver to be paid from funds held by the receiver.

  17. Tex. Civil Practice & Remedies Code Sec. 64.054. JUDGMENT LIEN. A judgment rendered against a receiver in a cause of action arising during the receivership is a lien on all property held by the receiver. The lien is superior to the mortgage lien of a mortgagee who instituted the receivership.

  18. Tex. Civil Practice & Remedies Code Sec. 64.055. EXECUTION ON JUDGMENT.

  19. Tex. Civil Practice & Remedies Code Sec. 64.056. LIABILITY OF PERSONS RECEIVING RECEIVERSHIP PROPERTY.

  20. Tex. Civil Practice & Remedies Code Sec. 64.071. VENUE FOR APPOINTMENT. An action to have a receiver appointed for a corporation with property in this state shall be brought in the county in which the principal office of the corporation is located.

  21. Tex. Civil Practice & Remedies Code Sec. 64.072. LIMITED DURATION.

  22. Tex. Civil Practice & Remedies Code Sec. 64.0721. TERMINATION OF RAILROAD RECEIVERSHIP.

  23. Tex. Civil Practice & Remedies Code Sec. 64.073. EARNINGS ON IMPROVED PROPERTY LIABLE FOR DEBTS.

  24. Tex. Civil Practice & Remedies Code Sec. 64.074. CLAIMS PREFERENCE AGAINST CURRENT EARNINGS. A judgment or claim existing against a corporation at the time the receiver is appointed or a judgment in an action existing at that time shall be paid out of the earnings of the corporation earned during the receivership in preference to the mortgage of a mortgagee who instituted the receivership. The judgment or claim is a lien on those earnings.

  25. Tex. Civil Practice & Remedies Code Sec. 64.075. FORFEITURE OF CHARTER FOR UNQUALIFIED RECEIVER. If a person who is not a citizen and qualified voter of this state is appointed receiver for a domestic corporation that owns property in this state, the corporation forfeits its charter. The attorney general shall immediately bring suit in the nature of quo warranto for forfeiture of the charter.

  26. Tex. Civil Practice & Remedies Code Sec. 64.076. SUITS AGAINST RAILROAD RECEIVER: VENUE AND SERVICE. An action against the receiver of a railroad company may be brought in any county through or into which the railroad is constructed, and citation may be served on the receiver, the general or division superintendent, or an agent of the receiver who resides in the county in which the suit is brought. If no agent of the receiver resides in the county in which the suit is brought, citation may be served on any agent of the receiver in this state.

  27. Tex. Civil Practice & Remedies Code Sec. 64.091. RECEIVER FOR MINERAL INTERESTS OWNED BY NONRESIDENT OR ABSENTEE.

  28. Tex. Civil Practice & Remedies Code Sec. 64.092. RECEIVER FOR CONTINGENT INTERESTS IN MINERALS.

  29. Tex. Civil Practice & Remedies Code Sec. 64.093. RECEIVER FOR ROYALTY INTERESTS OWNED BY NONRESIDENT OR ABSENTEE.

  30. Tex. Civil Practice & Remedies Code Sec. 64.101. NOTICE AND CITATION FOR RECEIVERSHIP FOR CERTAIN MISSING PERSONS.

  31. Tex. Civil Practice & Remedies Code Sec. 64.102. PROCEEDING TO APPOINT RECEIVER.

  32. Tex. Civil Practice & Remedies Code Sec. 64.103. BOND. The bond under Section 64.023 required to be executed by a receiver for a missing person appointed under Section 64.001(d) must be set in an amount the court considers necessary to protect the estate of the missing person.

  33. Tex. Civil Practice & Remedies Code Sec. 64.104. EXPENDITURES BY RECEIVER. If, during the receivership for a missing person under Section 64.001(d), the needs of the spouse or dependent children of the missing person require the use of the income or corpus of the estate for education, clothing, or subsistence, the court may, with or without application, by order entered in the minutes of the court, appropriate an amount of the income or corpus sufficient for that purpose. The income or corpus shall be used by the receiver to pay claims for education, clothing, or subsistence that are presented to the court and approved and ordered to be paid.

  34. Tex. Civil Practice & Remedies Code Sec. 64.105. RECEIVER'S EXPENSES, ACCOUNT, AND COMPENSATION.

  35. Tex. Civil Practice & Remedies Code Sec. 64.106. CLOSING RECEIVERSHIP. When the threatened danger has abated and the estate of a missing person for whom a receiver was appointed under Section 64.001(d) is no longer liable to injury, loss, or waste for the lack of a representative or when the receivership terminates under Section 64.102(e), whichever occurs earlier, the receiver shall:

  36. Tex. Civil Practice & Remedies Code Sec. 64.107. ACTION OF COURT.

  37. Tex. Civil Practice & Remedies Code Sec. 64.108. RECORDATION OF PROCEEDINGS. All orders, bonds, reports, accounts, and notices in the receivership proceedings under this subchapter shall be recorded in the minutes of the court.

Chapter 65

  1. Tex. Civil Practice & Remedies Code Sec. 65.001. APPLICATION OF EQUITY PRINCIPLES. The principles governing courts of equity govern injunction proceedings if not in conflict with this chapter or other law.

  2. Tex. Civil Practice & Remedies Code Sec. 65.002. RESTRAINING ORDER OR INJUNCTION AFFECTING CUSTOMER OF FINANCIAL INSTITUTION. Service or delivery of a restraining order or injunction affecting property held by a financial institution in the name of or on behalf of a customer of the financial institution is governed by Section 59.008, Finance Code.

  3. Tex. Civil Practice & Remedies Code Sec. 65.011. GROUNDS GENERALLY. A writ of injunction may be granted if:

  4. Tex. Civil Practice & Remedies Code Sec. 65.012. OPERATION OF WELL OR MINE.

  5. Tex. Civil Practice & Remedies Code Sec. 65.013. STAY OF JUDGMENT OR PROCEEDING. An injunction may not be granted to stay a judgment or proceeding at law except to stay as much of the recovery or cause of action as the complainant in his petition shows himself equitably entitled to be relieved against and as much as will cover the costs.

  6. Tex. Civil Practice & Remedies Code Sec. 65.014. LIMITATIONS ON STAY OF EXECUTION OF JUDGMENT.

  7. Tex. Civil Practice & Remedies Code Sec. 65.015. CLOSING OF STREETS. An injunction may not be granted to stay or prevent the governing body of an incorporated city from vacating, abandoning, or closing a street or alley except on the suit of a person:

  8. Tex. Civil Practice & Remedies Code Sec. 65.016. VIOLATION OF REVENUE LAW. At the instance of the county or district attorney or the attorney general, a court by injunction may prevent, prohibit, or restrain the violation of any revenue law of this state.

  9. Tex. Civil Practice & Remedies Code Sec. 65.017. CIGARETTE SELLER, DISTRIBUTOR, OR MANUFACTURER. In addition to any other remedy provided by law, a person may bring an action in good faith for appropriate injunctive relief if the person sells, distributes, or manufactures cigarettes and sustains a direct economic or commercial injury as a result of a violation of:

  10. Tex. Civil Practice & Remedies Code Sec. 65.021. JURISDICTION OF PROCEEDING.

  11. Tex. Civil Practice & Remedies Code Sec. 65.022. RETURN OF WRIT; HEARING BY NONRESIDENT JUDGE.

  12. Tex. Civil Practice & Remedies Code Sec. 65.023. PLACE FOR TRIAL.

  13. Tex. Civil Practice & Remedies Code Sec. 65.031. DISSOLUTION; AWARD OF DAMAGES. If on final hearing a court dissolves in whole or in part an injunction enjoining the collection of money and the injunction was obtained only for delay, the court may assess damages in an amount equal to 10 percent of the amount released by dissolution of the injunction, exclusive of costs.

  14. Tex. Civil Practice & Remedies Code Sec. 65.041. BOND NOT REQUIRED FOR ISSUANCE OF TEMPORARY RESTRAINING ORDER FOR CERTAIN INDIGENT APPLICANTS. A court may not require an applicant for a temporary restraining order to execute a bond to the adverse party before the order may issue if:

  15. Tex. Civil Practice & Remedies Code Sec. 65.042. BOND NOT REQUIRED FOR ISSUANCE OF TEMPORARY INJUNCTION FOR CERTAIN INDIGENT APPLICANTS.

  16. Tex. Civil Practice & Remedies Code Sec. 65.043. AFFIDAVIT.

  17. Tex. Civil Practice & Remedies Code Sec. 65.044. CONTEST OF AFFIDAVIT.

  18. Tex. Civil Practice & Remedies Code Sec. 65.045. CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE.

Chapter 66

  1. Tex. Civil Practice & Remedies Code Sec. 66.001. GROUNDS. An action in the nature of quo warranto is available if:

  2. Tex. Civil Practice & Remedies Code Sec. 66.002. INITIATION OF SUIT.

  3. Tex. Civil Practice & Remedies Code Sec. 66.003. JUDGMENT. If the person against whom the information is filed is found guilty as charged, the court:

Chapter 71

  1. Tex. Civil Practice & Remedies Code Sec. 71.001. DEFINITIONS. In this subchapter:

  2. Tex. Civil Practice & Remedies Code Sec. 71.002. CAUSE OF ACTION.

  3. Tex. Civil Practice & Remedies Code Sec. 71.003. APPLICATION; CERTAIN CONDUCT EXCEPTED.

  4. Tex. Civil Practice & Remedies Code Sec. 71.004. BENEFITTING FROM AND BRINGING ACTION.

  5. Tex. Civil Practice & Remedies Code Sec. 71.005. EVIDENCE RELATING TO MARITAL STATUS. In an action under this subchapter, evidence of the actual ceremonial remarriage of the surviving spouse is admissible, if it is true, but the defense is prohibited from directly or indirectly mentioning or alluding to a common-law marriage, an extramarital relationship, or the marital prospects of the surviving spouse.

  6. Tex. Civil Practice & Remedies Code Sec. 71.0055. EVIDENCE OF PREGNANCY. In an action under this subchapter for the death of an individual who is an unborn child, the plaintiff shall provide medical or other evidence that the mother of the individual was pregnant at the time of the individual's death.

  7. Tex. Civil Practice & Remedies Code Sec. 71.006. EFFECT OF FELONIOUS ACT. An action under this subchapter is not precluded because the death is caused by a felonious act or because there may be a criminal proceeding in relation to the felony.

  8. Tex. Civil Practice & Remedies Code Sec. 71.007. INEFFECTIVE AGREEMENT. An agreement between the owner of a railroad, street railway, steamboat, stagecoach, or other vehicle for the transportation of goods or passengers, of an industrial or public utility plant, or of other machinery and an individual, corporation, trustee, receiver, lessee, joint-stock association, or other entity in control of or operating the vehicle, plant, or other machinery does not release the owner or the entity controlling or operating the vehicle, plant, or other machinery from liability provided by this subchapter.

  9. Tex. Civil Practice & Remedies Code Sec. 71.008. DEATH OF DEFENDANT.

  10. Tex. Civil Practice & Remedies Code Sec. 71.009. EXEMPLARY DAMAGES. When the death is caused by the wilful act or omission or gross negligence of the defendant, exemplary as well as actual damages may be recovered.

  11. Tex. Civil Practice & Remedies Code Sec. 71.010. AWARD AND APPORTIONMENT OF DAMAGES.

  12. Tex. Civil Practice & Remedies Code Sec. 71.011. DAMAGES NOT SUBJECT TO DEBTS. Damages recovered in an action under this subchapter are not subject to the debts of the deceased.

  13. Tex. Civil Practice & Remedies Code Sec. 71.012. QUALIFICATION OF FOREIGN PERSONAL REPRESENTATIVE. If the executor or administrator of the estate of a nonresident individual is the plaintiff in an action under this subchapter, the foreign personal representative of the estate who has complied with the requirements of Chapter 503, Estates Code, for the probate of a foreign will is not required to apply for ancillary letters testamentary under Section 501.006, Estates Code, to bring and prosecute the action.

  14. Tex. Civil Practice & Remedies Code Sec. 71.021. SURVIVAL OF CAUSE OF ACTION.

  15. Tex. Civil Practice & Remedies Code Sec. 71.022. QUALIFICATION OF FOREIGN PERSONAL REPRESENTATIVE. If the executor or administrator of the estate of a nonresident individual is the plaintiff in an action under this subchapter, the foreign personal representative of the estate who has complied with the requirements of Chapter 503, Estates Code, for the probate of a foreign will is not required to apply for ancillary letters testamentary under Section 501.006, Estates Code, to bring and prosecute the action.

  16. Tex. Civil Practice & Remedies Code Sec. 71.031. ACT OR OMISSION OUT OF STATE.

  17. Tex. Civil Practice & Remedies Code Sec. 71.051. FORUM NON CONVENIENS.

Chapter 72

  1. Tex. Civil Practice & Remedies Code Sec. 72.001. LIMITED LIABILITY. A person who is related to the owner or operator of a motor vehicle within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code, and who is being transported in the motor vehicle over a public highway of this state as a guest without payment for the transportation has a cause of action against the owner or operator of the motor vehicle for injury, death, or loss in a collision only if the collision was intentional on the part of the owner or operator or was caused by the owner's or operator's heedlessness or reckless disregard of the rights of others.

  2. Tex. Civil Practice & Remedies Code Sec. 72.002. LIMITATION NOT APPLICABLE. There is no limitation under this subchapter on the liability of an owner or operator who is not related to the guest within the second degree by consanguinity or affinity.

  3. Tex. Civil Practice & Remedies Code Sec. 72.003. EFFECT ON OTHER LIABILITY.

  4. Tex. Civil Practice & Remedies Code Sec. 72.004. OFFSET FOR MEDICAL EXPENSES PAID.

  5. Tex. Civil Practice & Remedies Code Sec. 72.051. DEFINITIONS. In this subchapter:

  6. Tex. Civil Practice & Remedies Code Sec. 72.052. BIFURCATED TRIAL IN CERTAIN COMMERCIAL MOTOR VEHICLE COLLISION ACTIONS.

  7. Tex. Civil Practice & Remedies Code Sec. 72.053. FAILURE TO COMPLY WITH REGULATIONS OR STANDARDS.

  8. Tex. Civil Practice & Remedies Code Sec. 72.054. LIABILITY FOR EMPLOYEE NEGLIGENCE IN OPERATING COMMERCIAL MOTOR VEHICLE.

  9. Tex. Civil Practice & Remedies Code Sec. 72.055. ADMISSIBILITY OF VISUAL DEPICTIONS OF COLLISION.

Chapter 73

  1. Tex. Civil Practice & Remedies Code Sec. 73.001. ELEMENTS OF LIBEL. A libel is a defamation expressed in written or other graphic form that tends to blacken the memory of the dead or that tends to injure a living person's reputation and thereby expose the person to public hatred, contempt or ridicule, or financial injury or to impeach any person's honesty, integrity, virtue, or reputation or to publish the natural defects of anyone and thereby expose the person to public hatred, ridicule, or financial injury.

  2. Tex. Civil Practice & Remedies Code Sec. 73.002. PRIVILEGED MATTERS.

  3. Tex. Civil Practice & Remedies Code Sec. 73.003. MITIGATING FACTORS.

  4. Tex. Civil Practice & Remedies Code Sec. 73.004. LIABILITY OF BROADCASTER.

  5. Tex. Civil Practice & Remedies Code Sec. 73.005. TRUTH A DEFENSE.

  6. Tex. Civil Practice & Remedies Code Sec. 73.006. OTHER DEFENSES. This chapter does not affect the existence of common law, statutory law, or other defenses to libel.

  7. Tex. Civil Practice & Remedies Code Sec. 73.051. SHORT TITLE. This subchapter may be cited as the Defamation Mitigation Act. This subchapter shall be liberally construed.

  8. Tex. Civil Practice & Remedies Code Sec. 73.052. PURPOSE. The purpose of this subchapter is to provide a method for a person who has been defamed by a publication or broadcast to mitigate any perceived damage or injury.

  9. Tex. Civil Practice & Remedies Code Sec. 73.053. DEFINITION. In this subchapter, "person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, or other legal or commercial entity. The term does not include a government or governmental subdivision, agency, or instrumentality.

  10. Tex. Civil Practice & Remedies Code Sec. 73.054. APPLICABILITY.

  11. Tex. Civil Practice & Remedies Code Sec. 73.055. REQUEST FOR CORRECTION, CLARIFICATION, OR RETRACTION.

  12. Tex. Civil Practice & Remedies Code Sec. 73.056. DISCLOSURE OF EVIDENCE OF FALSITY.

  13. Tex. Civil Practice & Remedies Code Sec. 73.057. TIMELY AND SUFFICIENT CORRECTION, CLARIFICATION, OR RETRACTION.

  14. Tex. Civil Practice & Remedies Code Sec. 73.058. CHALLENGES TO CORRECTION, CLARIFICATION, OR RETRACTION OR TO REQUEST FOR CORRECTION, CLARIFICATION, OR RETRACTION.

  15. Tex. Civil Practice & Remedies Code Sec. 73.059. EFFECT OF CORRECTION, CLARIFICATION, OR RETRACTION. If a correction, clarification, or retraction is made in accordance with this subchapter, regardless of whether the person claiming harm made a request, a person may not recover exemplary damages unless the publication was made with actual malice.

  16. Tex. Civil Practice & Remedies Code Sec. 73.060. SCOPE OF PROTECTION. A timely and sufficient correction, clarification, or retraction made by a person responsible for a publication constitutes a correction, clarification, or retraction made by all persons responsible for that publication but does not extend to an entity that republished the information.

  17. Tex. Civil Practice & Remedies Code Sec. 73.061. ADMISSIBILITY OF EVIDENCE OF CORRECTION, CLARIFICATION, OR RETRACTION.

  18. Tex. Civil Practice & Remedies Code Sec. 73.062. ABATEMENT.

Chapter 74

  1. Tex. Civil Practice & Remedies Code Sec. 74.001. DEFINITIONS.

  2. Tex. Civil Practice & Remedies Code Sec. 74.002. CONFLICT WITH OTHER LAW AND RULES OF CIVIL PROCEDURE.

  3. Tex. Civil Practice & Remedies Code Sec. 74.003. SOVEREIGN IMMUNITY NOT WAIVED. This chapter does not waive sovereign immunity from suit or from liability.

  4. Tex. Civil Practice & Remedies Code Sec. 74.004. EXCEPTION FROM CERTAIN LAWS.

  5. Tex. Civil Practice & Remedies Code Sec. 74.051. NOTICE.

  6. Tex. Civil Practice & Remedies Code Sec. 74.052. AUTHORIZATION FORM FOR RELEASE OF PROTECTED HEALTH INFORMATION.

  7. Tex. Civil Practice & Remedies Code Sec. 74.053. PLEADINGS NOT TO STATE DAMAGE AMOUNT; SPECIAL EXCEPTION; EXCLUSION FROM SECTION. Pleadings in a suit based on a health care liability claim shall not specify an amount of money claimed as damages. The defendant may file a special exception to the pleadings on the ground the suit is not within the court's jurisdiction, in which event the plaintiff shall inform the court and defendant in writing of the total dollar amount claimed. This section does not prevent a party from mentioning the total dollar amount claimed in examining prospective jurors on voir dire or in argument to the court or jury.

  8. Tex. Civil Practice & Remedies Code Sec. 74.101. THEORY OF RECOVERY. In a suit against a physician or health care provider involving a health care liability claim that is based on the failure of the physician or health care provider to disclose or adequately disclose the risks and hazards involved in the medical care or surgical procedure rendered by the physician or health care provider, the only theory on which recovery may be obtained is that of negligence in failing to disclose the risks or hazards that could have influenced a reasonable person in making a decision to give or withhold consent.

  9. Tex. Civil Practice & Remedies Code Sec. 74.102. TEXAS MEDICAL DISCLOSURE PANEL.

  10. Tex. Civil Practice & Remedies Code Sec. 74.103. DUTIES OF DISCLOSURE PANEL; LIMITATIONS ON AUTHORITY.

  11. Tex. Civil Practice & Remedies Code Sec. 74.104. DUTY OF PHYSICIAN OR HEALTH CARE PROVIDER. Before a patient or a person authorized to consent for a patient gives consent to any medical care or surgical procedure that appears on the disclosure panel's list requiring disclosure, the physician or health care provider shall disclose to the patient or person authorized to consent for the patient the risks and hazards involved in that kind of care or procedure. A physician or health care provider shall be considered to have complied with the requirements of this section if disclosure is made as provided in Section 74.105.

  12. Tex. Civil Practice & Remedies Code Sec. 74.105. MANNER OF DISCLOSURE. Consent to medical care that appears on the disclosure panel's list requiring disclosure shall be considered effective under this chapter if it is given in writing, signed by the patient or a person authorized to give the consent and by a competent witness, and if the written consent specifically states the risks and hazards that are involved in the medical care or surgical procedure in the form and to the degree required by the disclosure panel under Section 74.103.

  13. Tex. Civil Practice & Remedies Code Sec. 74.106. EFFECT OF DISCLOSURE.

  14. Tex. Civil Practice & Remedies Code Sec. 74.107. INFORMED CONSENT FOR HYSTERECTOMIES.

  15. Tex. Civil Practice & Remedies Code Sec. 74.151. LIABILITY FOR EMERGENCY CARE.

  16. Tex. Civil Practice & Remedies Code Sec. 74.152. UNLICENSED MEDICAL PERSONNEL. Persons not licensed or certified in the healing arts who in good faith administer emergency care as emergency medical service personnel are not liable in civil damages for an act performed in administering the care unless the act is wilfully or wantonly negligent. This section applies without regard to whether the care is provided for or in expectation of remuneration.

  17. Tex. Civil Practice & Remedies Code Sec. 74.153. STANDARD OF PROOF IN CASES INVOLVING EMERGENCY MEDICAL CARE.

  18. Tex. Civil Practice & Remedies Code Sec. 74.154. JURY INSTRUCTIONS IN CASES INVOLVING EMERGENCY MEDICAL CARE.

  19. Tex. Civil Practice & Remedies Code Sec. 74.155. LIABILITY OF PHYSICIANS, HEALTH CARE PROVIDERS, AND FIRST RESPONDERS DURING PANDEMIC.

  20. Tex. Civil Practice & Remedies Code Sec. 74.201. APPLICATION OF RES IPSA LOQUITUR. The common law doctrine of res ipsa loquitur shall only apply to health care liability claims against health care providers or physicians in those cases to which it has been applied by the appellate courts of this state as of August 29, 1977.

  21. Tex. Civil Practice & Remedies Code Sec. 74.251. STATUTE OF LIMITATIONS ON HEALTH CARE LIABILITY CLAIMS.

  22. Tex. Civil Practice & Remedies Code Sec. 74.301. LIMITATION ON NONECONOMIC DAMAGES.

  23. Tex. Civil Practice & Remedies Code Sec. 74.302. ALTERNATIVE LIMITATION ON NONECONOMIC DAMAGES.

  24. Tex. Civil Practice & Remedies Code Sec. 74.303. LIMITATION ON DAMAGES.

  25. Tex. Civil Practice & Remedies Code Sec. 74.351. EXPERT REPORT.

  26. Tex. Civil Practice & Remedies Code Sec. 74.352. DISCOVERY PROCEDURES.

  27. Tex. Civil Practice & Remedies Code Sec. 74.353. PRELIMINARY DETERMINATION FOR EXPERT REPORT REQUIREMENT.

  28. Tex. Civil Practice & Remedies Code Sec. 74.401. QUALIFICATIONS OF EXPERT WITNESS IN SUIT AGAINST PHYSICIAN.

  29. Tex. Civil Practice & Remedies Code Sec. 74.402. QUALIFICATIONS OF EXPERT WITNESS IN SUIT AGAINST HEALTH CARE PROVIDER.

  30. Tex. Civil Practice & Remedies Code Sec. 74.403. QUALIFICATIONS OF EXPERT WITNESS ON CAUSATION IN HEALTH CARE LIABILITY CLAIM.

  31. Tex. Civil Practice & Remedies Code Sec. 74.451. ARBITRATION AGREEMENTS.

  32. Tex. Civil Practice & Remedies Code Sec. 74.501. DEFINITIONS. In this subchapter:

  33. Tex. Civil Practice & Remedies Code Sec. 74.502. SCOPE OF SUBCHAPTER. This subchapter applies only to an action on a health care liability claim against a physician or health care provider in which the present value of the award of future damages, as determined by the court, equals or exceeds $100,000.

  34. Tex. Civil Practice & Remedies Code Sec. 74.503. COURT ORDER FOR PERIODIC PAYMENTS.

  35. Tex. Civil Practice & Remedies Code Sec. 74.504. RELEASE. The entry of an order for the payment of future damages by periodic payments constitutes a release of the health care liability claim filed by the claimant.

  36. Tex. Civil Practice & Remedies Code Sec. 74.505. FINANCIAL RESPONSIBILITY.

  37. Tex. Civil Practice & Remedies Code Sec. 74.506. DEATH OF RECIPIENT.

  38. Tex. Civil Practice & Remedies Code Sec. 74.507. AWARD OF ATTORNEY'S FEES. For purposes of computing the award of attorney's fees when the claimant is awarded a recovery that will be paid in periodic payments, the court shall:

  39. Tex. Civil Practice & Remedies Code Sec. 74.551. APPLICATION. A civil action brought against a physician or health care provider for a violation of a provision of Chapter 170, 170A, or 171, Health and Safety Code, subject to an exception provided by the chapter alleged to have been violated or other law, is a health care liability claim and is subject to the same requirements as any other health care liability claim. This section does not affect a health care liability claim based on any other ground than a violation of Chapters 170, 170A, or 171, Health and Safety Code.

Chapter 75

  1. Tex. Civil Practice & Remedies Code Sec. 75.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 75.002. LIABILITY LIMITED.

  3. Tex. Civil Practice & Remedies Code Sec. 75.0022. LIMITED LIABILITY OF CERTAIN ELECTRIC UTILITIES.

  4. Tex. Civil Practice & Remedies Code Sec. 75.0025. LIMITED LIABILITY OF PERSONS ALLOWING CERTAIN USES OF LAND.

  5. Tex. Civil Practice & Remedies Code Sec. 75.003. APPLICATION AND EFFECT OF CHAPTER.

  6. Tex. Civil Practice & Remedies Code Sec. 75.004. LIMITATION ON MONETARY DAMAGES FOR PRIVATE LANDOWNERS.

  7. Tex. Civil Practice & Remedies Code Sec. 75.006. CERTAIN LIABILITY LIMITED IN CONNECTION WITH LIVESTOCK OR AGRICULTURAL LAND.

  8. Tex. Civil Practice & Remedies Code Sec. 75.007. TRESPASSERS.

Chapter 76

  1. Tex. Civil Practice & Remedies Code Sec. 76.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 76.002. SHORT TITLE. This chapter may be cited as the Good Faith Donor Act.

  3. Tex. Civil Practice & Remedies Code Sec. 76.003. APPARENTLY WHOLESOME FOOD. For the purposes of this chapter, food is apparently wholesome if the food meets all quality standards of local, county, state, and federal agricultural and health laws and rules, even though the food is not readily marketable due to appearance, age, freshness, grade, size, surplus, or other condition. Canned goods that are leaking, swollen, dented on a seam, or no longer airtight are not apparently wholesome food.

  4. Tex. Civil Practice & Remedies Code Sec. 76.004. LIABILITY FOR DAMAGES FROM DONATED FOOD.

Chapter 77

  1. Tex. Civil Practice & Remedies Code Sec. 77.001. DEFINITION. In this chapter, "human body part" means any tissue, organ, blood, or components thereof from a human.

  2. Tex. Civil Practice & Remedies Code Sec. 77.002. POLICY. It is important to the health and welfare of the people of this state that scientific knowledge, skills, and materials be available for the procedures of transplantation, injection, transfusion, or other transfer of human body parts. The imposition of strict liability on persons and organizations engaged in these scientific procedures inhibits the exercise of sound medical judgment and restricts the availability of the knowledge, skills, and materials. It is therefore the public policy of this state to promote the health and welfare of the people by limiting the legal liability arising from those scientific procedures to instances of negligence.

  3. Tex. Civil Practice & Remedies Code Sec. 77.003. LIMITATION OF LIABILITY.

  4. Tex. Civil Practice & Remedies Code Sec. 77.004. BLOOD BANK: COMPENSATION OF SELLER.

Chapter 78

  1. Tex. Civil Practice & Remedies Code Sec. 78.001. LIABILITY. A volunteer fire fighter or a volunteer fire department is not liable for damage to property resulting from the fire fighter's or the department's reasonable and necessary action in fighting or extinguishing a fire on the property.

  2. Tex. Civil Practice & Remedies Code Sec. 78.051. DEFINITIONS. In this subchapter:

  3. Tex. Civil Practice & Remedies Code Sec. 78.052. APPLICABILITY OF SUBCHAPTER: MARINE FIRE EMERGENCY. This subchapter applies only to damages for personal injury, death, or property damage arising from an error or omission of:

  4. Tex. Civil Practice & Remedies Code Sec. 78.053. LIABILITY.

  5. Tex. Civil Practice & Remedies Code Sec. 78.054. INDIVIDUAL IMMUNITIES. A fire fighter is liable for damages described by Section 78.052 only to the extent an analogous employee of the governmental unit with which the nonprofit fire department is contracting would be liable and is entitled to the common law immunities applicable to the employee of the governmental unit.

  6. Tex. Civil Practice & Remedies Code Sec. 78.101. DEFINITIONS. In this subchapter:

  7. Tex. Civil Practice & Remedies Code Sec. 78.102. APPLICABILITY OF SUBCHAPTER: EMERGENCY RESPONSE. This subchapter applies only to damages for personal injury, death, or property damage, other than property damage to which Subchapter A applies, arising from an error or omission of:

  8. Tex. Civil Practice & Remedies Code Sec. 78.103. LIABILITY OF VOLUNTEER FIRE DEPARTMENT. A volunteer fire department is:

  9. Tex. Civil Practice & Remedies Code Sec. 78.104. LIABILITY OF VOLUNTEER FIRE FIGHTER. A volunteer fire fighter is:

  10. Tex. Civil Practice & Remedies Code Sec. 78.151. LIABILITY FOR TRAINING EXERCISES. A person is not liable for damages resulting from the person's execution of a training exercise intended to prepare the person to respond to a fire or emergency to which this chapter applies to the same extent that the person would not be liable under this chapter for damages resulting from the person's actions in responding to a fire or emergency.

Chapter 79

  1. Tex. Civil Practice & Remedies Code Sec. 79.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 79.002. HAZARDOUS MATERIALS.

  3. Tex. Civil Practice & Remedies Code Sec. 79.003. DISASTER ASSISTANCE.

  4. Tex. Civil Practice & Remedies Code Sec. 79.0031. LIABILITY OF VOLUNTEER HEALTH CARE PROVIDER OR HEALTH CARE INSTITUTION.

  5. Tex. Civil Practice & Remedies Code Sec. 79.004. LIABILITY FOR TRAINING EXERCISES. Except in a case of reckless conduct or intentional, wilful, or wanton misconduct, a person who is immune from civil liability for an act or omission that occurs in giving care, assistance, or advice with respect to the management of an incident to which this chapter applies is immune from civil liability for an act or omission that occurs during the execution of a training exercise intended to prepare the person to give that care, assistance, or advice.

Chapter 80

  1. Tex. Civil Practice & Remedies Code Sec. 80.001. DEFINITION. In this chapter, "sign" means an outdoor structure, sign, display, light device, figure, painting, drawing, message, plaque, poster, billboard, or any other thing that is designed, intended, or used to advertise or inform.

  2. Tex. Civil Practice & Remedies Code Sec. 80.002. TRESPASS. A trespass occurs when an individual:

  3. Tex. Civil Practice & Remedies Code Sec. 80.003. DAMAGES.

Chapter 81

  1. Tex. Civil Practice & Remedies Code Sec. 81.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 81.002. SEXUAL EXPLOITATION CAUSE OF ACTION. A mental health services provider is liable to a patient or former patient of the mental health services provider for damages for sexual exploitation if the patient or former patient suffers, directly or indirectly, a physical, mental, or emotional injury caused by, resulting from, or arising out of:

  3. Tex. Civil Practice & Remedies Code Sec. 81.003. LIABILITY OF EMPLOYER.

  4. Tex. Civil Practice & Remedies Code Sec. 81.004. DAMAGES.

  5. Tex. Civil Practice & Remedies Code Sec. 81.005. DEFENSES.

  6. Tex. Civil Practice & Remedies Code Sec. 81.006. DUTY TO REPORT.

  7. Tex. Civil Practice & Remedies Code Sec. 81.007. LIMITED IMMUNITY FROM LIABILITY.

  8. Tex. Civil Practice & Remedies Code Sec. 81.008. ADMISSION OF EVIDENCE.

  9. Tex. Civil Practice & Remedies Code Sec. 81.009. LIMITATIONS.

  10. Tex. Civil Practice & Remedies Code Sec. 81.010. INJUNCTIVE RELIEF AGAINST GOVERNMENTAL UNITS.

Chapter 82

  1. Tex. Civil Practice & Remedies Code Sec. 82.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 82.002. MANUFACTURER'S DUTY TO INDEMNIFY.

  3. Tex. Civil Practice & Remedies Code Sec. 82.003. LIABILITY OF NONMANUFACTURING SELLERS.

  4. Tex. Civil Practice & Remedies Code Sec. 82.004. INHERENTLY UNSAFE PRODUCTS.

  5. Tex. Civil Practice & Remedies Code Sec. 82.005. DESIGN DEFECTS.

  6. Tex. Civil Practice & Remedies Code Sec. 82.006. FIREARMS AND AMMUNITION.

  7. Tex. Civil Practice & Remedies Code Sec. 82.007. MEDICINES.

  8. Tex. Civil Practice & Remedies Code Sec. 82.008. COMPLIANCE WITH GOVERNMENT STANDARDS.

  9. Tex. Civil Practice & Remedies Code Sec. 82.009. LIMITED LIABILITY FOR FAILURE TO RETROFIT CERTAIN RENTED OR LEASED VEHICLES.

Chapter 83

  1. Tex. Civil Practice & Remedies Code Sec. 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.

Chapter 84

  1. Tex. Civil Practice & Remedies Code Sec. 84.001. NAME OF ACT. This Act may be cited as the Charitable Immunity and Liability Act of 1987.

  2. Tex. Civil Practice & Remedies Code Sec. 84.002. FINDINGS AND PURPOSES. The Legislature of the State of Texas finds that:

  3. Tex. Civil Practice & Remedies Code Sec. 84.003. DEFINITIONS. In this chapter:

  4. Tex. Civil Practice & Remedies Code Sec. 84.004. VOLUNTEER LIABILITY.

  5. Tex. Civil Practice & Remedies Code Sec. 84.005. EMPLOYEE LIABILITY. Except as provided in Section 84.007 of this Act, in any civil action brought against an employee of a nonhospital charitable organization for damages based on an act or omission by the person in the course and scope of the person's employment, the liability of the employee is limited to money damages in a maximum amount of $500,000 for each person and $1,000,000 for each single occurrence of bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.

  6. Tex. Civil Practice & Remedies Code Sec. 84.006. ORGANIZATION LIABILITY. Except as provided in Section 84.007 of this Act, in any civil action brought against a nonhospital charitable organization for damages based on an act or omission by the organization or its employees or volunteers, the liability of the organization is limited to money damages in a maximum amount of $500,000 for each person and $1,000,000 for each single occurrence of bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.

  7. Tex. Civil Practice & Remedies Code Sec. 84.0061. ORGANIZATIONAL LIABILITY FOR TRANSPORTATION SERVICES PROVIDED TO CERTAIN WELFARE RECIPIENTS.

  8. Tex. Civil Practice & Remedies Code Sec. 84.0065. ORGANIZATION LIABILITY OF HOSPITALS.

  9. Tex. Civil Practice & Remedies Code Sec. 84.0066. LIABILITY FOR DISCLOSING SEXUAL MISCONDUCT.

  10. Tex. Civil Practice & Remedies Code Sec. 84.0067. LIABILITY ARISING FROM PROVISION OF SECURITY SERVICES TO RELIGIOUS ORGANIZATION.

  11. Tex. Civil Practice & Remedies Code Sec. 84.0068. LIABILITY OF SINGLE SOURCE CONTINUUM CONTRACTORS OR CERTAIN NONPROFIT ENTITIES PROVIDING COMMUNITY-BASED CARE OR CHILD WELFARE SERVICES.

  12. Tex. Civil Practice & Remedies Code Sec. 84.007. APPLICABILITY.

  13. Tex. Civil Practice & Remedies Code Sec. 84.008. SEVERABILITY. If any clause or provision of this chapter or its application to any person or organization is held unconstitutional, such invalidity does not affect other clauses, provisions, or applications of this chapter that can be given effect without the invalid clause or provision and shall not affect or nullify the remainder of the Act or any other clause or provision, but the effect shall be confined to the clause or provision held to be invalid or unconstitutional and to this end the Act is declared to be severable.

Chapter 85

  1. Tex. Civil Practice & Remedies Code Sec. 85.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 85.002. LIABILITY. A defendant is liable, as provided by this chapter, to a claimant for damages arising from stalking of the claimant by the defendant.

  3. Tex. Civil Practice & Remedies Code Sec. 85.003. PROOF.

  4. Tex. Civil Practice & Remedies Code Sec. 85.004. DAMAGES. A claimant who prevails in a suit under this chapter may recover actual damages and, subject to Chapter 41, exemplary damages.

  5. Tex. Civil Practice & Remedies Code Sec. 85.005. DEFENSE. It is a defense to an action brought under this chapter that the defendant was engaged in conduct that consisted of activity in support of constitutionally or statutorily protected rights.

  6. Tex. Civil Practice & Remedies Code Sec. 85.006. CAUSE OF ACTION CUMULATIVE. The cause of action created by this chapter is cumulative of any other remedy provided by common law or statute.

Chapter 86

  1. Tex. Civil Practice & Remedies Code Sec. 86.001. DEFINITION. In this chapter, "claimant" means a party, including a plaintiff, counterclaimant, cross-claimant, or third-party claimant, seeking recovery of damages.

  2. Tex. Civil Practice & Remedies Code Sec. 86.002. RECOVERY OF DAMAGES FOR INJURY TO CONVICTED PERSON PROHIBITED.

  3. Tex. Civil Practice & Remedies Code Sec. 86.003. DERIVATIVE CLAIMS. Section 86.002 applies to a claim for damages made by a claimant other than a convicted person if:

  4. Tex. Civil Practice & Remedies Code Sec. 86.004. CLAIMANT LIABLE FOR COURT COSTS AND FEES AND ATTORNEY'S FEES. A claimant who is barred from recovery under this chapter is liable to the person against whom the claim is brought for court costs and fees and reasonable attorney's fees incurred in defending against the claim.

  5. Tex. Civil Practice & Remedies Code Sec. 86.005. CERTAIN TRAFFIC LAW VIOLATIONS EXCLUDED. This chapter does not apply to a claim arising from an offense defined by Subtitle C, Title 7, Transportation Code.

  6. Tex. Civil Practice & Remedies Code Sec. 86.006. CONVICTED PERSON. For purposes of this chapter, a person is considered convicted in a case if:

  7. Tex. Civil Practice & Remedies Code Sec. 86.007. APPLICABILITY. This chapter does not apply to:

Chapter 87

  1. Tex. Civil Practice & Remedies Code Sec. 87.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 87.002. APPLICABILITY OF CHAPTER. This chapter does not apply to an activity regulated by the Texas Racing Commission.

  3. Tex. Civil Practice & Remedies Code Sec. 87.0021. CERTAIN LABOR LAWS NOT AFFECTED. Nothing in this chapter affects the applicability of Chapter 406, Labor Code, or an employer's ability to refuse to subscribe to the workers' compensation system.

  4. Tex. Civil Practice & Remedies Code Sec. 87.003. LIMITATION ON LIABILITY. Except as provided by Section 87.004, all persons, including a farm animal activity sponsor, farm animal professional, farm owner or lessee, livestock producer, livestock show participant, or livestock show sponsor, are not liable for property damage or damages arising from the personal injury or death of a participant in a farm animal activity or livestock show if the property damage, injury, or death results from the dangers or conditions that are an inherent risk of a farm animal, a farm animal activity, the showing of an animal on a competitive basis in a livestock show, or the raising or handling of livestock on a farm, including:

  5. Tex. Civil Practice & Remedies Code Sec. 87.004. EXCEPTIONS TO LIMITATION ON LIABILITY. A person, including a farm animal activity sponsor, farm animal professional, farm owner or lessee, livestock show participant, or livestock show sponsor, may be liable for property damage or damages arising from the personal injury or death caused by a participant in a farm animal activity or livestock show if:

  6. Tex. Civil Practice & Remedies Code Sec. 87.005. WARNING NOTICE.

Chapter 88

  1. Tex. Civil Practice & Remedies Code Sec. 88.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 88.0015. INAPPLICABILITY TO ERISA-REGULATED EMPLOYEE BENEFIT PLAN. This chapter does not apply to an employee benefit plan regulated under the Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.).

  3. Tex. Civil Practice & Remedies Code Sec. 88.002. APPLICATION.

  4. Tex. Civil Practice & Remedies Code Sec. 88.003. LIMITATIONS ON CAUSE OF ACTION.

Chapter 89

  1. Tex. Civil Practice & Remedies Code Sec. 89.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 89.002. LIABILITY FOR DAMAGES FROM DONATED DEVICE. A person authorized to possess a device is not liable for personal injury, property damage, or death resulting from the nature, age, packaging, or condition of a device that the person donates in good faith to an entity that is authorized to possess the device and that is a nonprofit health care organization for use in providing free or reduced cost health care.

  3. Tex. Civil Practice & Remedies Code Sec. 89.003. EXCEPTIONS.

Chapter 90

  1. Tex. Civil Practice & Remedies Code Sec. 90.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 90.002. PULMONARY FUNCTION TESTING. Pulmonary function testing required by this chapter must be interpreted by a physician:

  3. Tex. Civil Practice & Remedies Code Sec. 90.003. REPORTS REQUIRED FOR CLAIMS INVOLVING ASBESTOS-RELATED INJURY.

  4. Tex. Civil Practice & Remedies Code Sec. 90.004. REPORTS REQUIRED FOR CLAIMS INVOLVING SILICA-RELATED INJURY.

  5. Tex. Civil Practice & Remedies Code Sec. 90.005. PROHIBITED BASIS FOR DIAGNOSIS.

  6. Tex. Civil Practice & Remedies Code Sec. 90.006. SERVING REPORTS.

  7. Tex. Civil Practice & Remedies Code Sec. 90.007. MOTION TO DISMISS IN ACTION FILED ON OR AFTER SEPTEMBER 1, 2005.

  8. Tex. Civil Practice & Remedies Code Sec. 90.008. VOLUNTARY DISMISSAL. Before serving a report required by Section 90.003 or 90.004, a claimant seeking damages arising from an asbestos-related injury or silica-related injury may voluntarily dismiss the claimant's action. If a claimant files a voluntary dismissal under this section, the claimant's voluntary dismissal is without prejudice to the claimant's right to file a subsequent action seeking damages arising from an asbestos-related injury or a silica-related injury.

  9. Tex. Civil Practice & Remedies Code Sec. 90.009. JOINDER OF CLAIMANTS. Unless all parties agree otherwise, claims relating to more than one exposed person may not be joined for a single trial.

  10. Tex. Civil Practice & Remedies Code Sec. 90.010. MULTIDISTRICT LITIGATION PROCEEDINGS.

  11. Tex. Civil Practice & Remedies Code Sec. 90.011. BANKRUPTCY. Nothing in this chapter is intended to affect the rights of any party in a bankruptcy proceeding or affect the ability of any person to satisfy the claim criteria for compensable claims or demands under a trust established pursuant to a plan of reorganization under Chapter 11 of the United States Bankruptcy Code (11 U.S.C. Section 1101 et seq.).

  12. Tex. Civil Practice & Remedies Code Sec. 90.012. SUPREME COURT RULEMAKING. The supreme court may promulgate amendments to the Texas Rules of Civil Procedure regarding the joinder of claimants in asbestos-related actions or silica-related actions if the rules are consistent with Section 90.009.

  13. Tex. Civil Practice & Remedies Code Sec. 90.051. DEFINITIONS. In this subchapter:

  14. Tex. Civil Practice & Remedies Code Sec. 90.052. REQUIREMENT TO MAKE TRUST CLAIMS.

  15. Tex. Civil Practice & Remedies Code Sec. 90.053. NOTICE OF TRUST CLAIM; PRODUCTION OF TRUST CLAIM MATERIAL.

  16. Tex. Civil Practice & Remedies Code Sec. 90.054. FAILURE TO MAKE TRUST CLAIM OR PROVIDE NOTICE AND TRUST CLAIM MATERIAL.

  17. Tex. Civil Practice & Remedies Code Sec. 90.055. MOTION TO STAY.

  18. Tex. Civil Practice & Remedies Code Sec. 90.056. RESPONSE TO MOTION TO STAY.

  19. Tex. Civil Practice & Remedies Code Sec. 90.057. STAY OF PROCEEDINGS.

  20. Tex. Civil Practice & Remedies Code Sec. 90.058. EVIDENCE OF TRUST CLAIMS.

Chapter 91

  1. Tex. Civil Practice & Remedies Code Sec. 91.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 91.002. HEALTH CARE PRACTITIONER LIABILITY. Subject to Section 91.003, a health care practitioner who, without compensation or expectation of compensation, conducts a physical examination or medical screening of a patient for the purpose of determining the physical health and fitness of the patient to participate in a school-sponsored extracurricular or sporting activity is immune from civil liability for any act or omission resulting in the death of or injury to the patient if:

  3. Tex. Civil Practice & Remedies Code Sec. 91.003. INSURANCE REQUIRED.

  4. Tex. Civil Practice & Remedies Code Sec. 91.004. APPLICABILITY.

Chapter 92

  1. Tex. Civil Practice & Remedies Code Sec. 92.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 92.002. LIMITATION OF LIABILITY.

  3. Tex. Civil Practice & Remedies Code Sec. 92.003. LIMITATION OF LIABILITY FOR ANIMAL CONTROL AGENCIES AND CERTAIN EMPLOYEES. An animal control agency or an employee of an animal control agency acting within the scope of the person's employment that in good faith takes into custody and cares for a nonlivestock animal that is abandoned, running at large, or stray is not liable for civil damages for an injury to the animal arising from an act or omission in caring for the animal, except in a case of gross negligence, if the animal control agency obtains custody of the animal from a person not affiliated with the animal control agency and that person certifies in writing that the person has taken reasonable steps to locate the owner as provided by Section 92.002.

  4. Tex. Civil Practice & Remedies Code Sec. 92.004. EFFECT ON OTHER LAW.

Chapter 93

  1. Tex. Civil Practice & Remedies Code Sec. 93.001. ASSUMPTION OF THE RISK: AFFIRMATIVE DEFENSE.

  2. Tex. Civil Practice & Remedies Code Sec. 93.002. DRY FIRE HYDRANTS: AFFIRMATIVE DEFENSE.

Chapter 94

  1. Tex. Civil Practice & Remedies Code Sec. 94.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 94.002. LIABILITY OF SPORTS OFFICIAL.

  3. Tex. Civil Practice & Remedies Code Sec. 94.003. LIABILITY OF SPONSORING ORGANIZATION. A sponsoring organization cannot be held liable for an act, error, or omission of a sports official absent any new, independent, and separate act, error, or omission of the sponsoring organization that gave rise to the harm.

Chapter 95

  1. Tex. Civil Practice & Remedies Code Sec. 95.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 95.002. APPLICABILITY. This chapter applies only to a claim:

  3. Tex. Civil Practice & Remedies Code Sec. 95.003. LIABILITY FOR ACTS OF INDEPENDENT CONTRACTORS. A property owner is not liable for personal injury, death, or property damage to a contractor, subcontractor, or an employee of a contractor or subcontractor who constructs, repairs, renovates, or modifies an improvement to real property, including personal injury, death, or property damage arising from the failure to provide a safe workplace unless:

  4. Tex. Civil Practice & Remedies Code Sec. 95.004. EVIDENCE ADMISSIBLE. In the trial of a case against a contractor, subcontractor, or property owner for personal injury, property damage, or death to a contractor, a subcontractor, or an employee of a contractor or subcontractor that arises from the condition or use of an improvement to real property where the contractor or subcontractor constructs, repairs, renovates, or modifies the improvement, the trial judge, outside the presence of the jury, shall receive evidence of workers' compensation benefits paid and shall deduct the amount of the benefits from the damages awarded by the trier of fact. The deduction for workers' compensation benefits does not apply unless the workers' compensation carrier's subrogation rights have been waived.

Chapter 96

  1. Tex. Civil Practice & Remedies Code Sec. 96.001. DEFINITION. In this chapter, "perishable food product" means a food product of agriculture or aquaculture that is sold or distributed in a form that will perish or decay beyond marketability within a limited period of time.

  2. Tex. Civil Practice & Remedies Code Sec. 96.002. LIABILITY.

  3. Tex. Civil Practice & Remedies Code Sec. 96.003. PROOF. In determining if information is false, the trier of fact shall consider whether the information was based on reasonable and reliable scientific inquiry, facts, or data.

  4. Tex. Civil Practice & Remedies Code Sec. 96.004. CERTAIN MARKETING OR LABELING EXCLUDED. A person is not liable under this chapter for marketing or labeling any agricultural product in a manner that indicates that the product:

Chapter 97

  1. Tex. Civil Practice & Remedies Code Sec. 97.001. LIABILITY OF CORRECTIONAL FACILITIES AND OFFICERS BARRED FOR CERTAIN ACTS OF INMATES. A correctional facility or an officer or employee of a correctional facility is not liable for damages arising from an act committed by a person confined in the correctional facility that is in violation of Section 38.111, Penal Code. This section does not apply if the officer or employee of the correctional facility knowingly assists or participates in the conduct prohibited by Section 38.111, Penal Code.

  2. Tex. Civil Practice & Remedies Code Sec. 97.002. LIMIT ON LIABILITY OF CERTAIN HIGHWAY, ROAD, AND STREET CONTRACTORS. A contractor who constructs or repairs a highway, road, or street for the Texas Department of Transportation is not liable to a claimant for personal injury, property damage, or death arising from the performance of the construction or repair if, at the time of the personal injury, property damage, or death, the contractor is in compliance with contract documents material to the condition or defect that was the proximate cause of the personal injury, property damage, or death.

  3. Tex. Civil Practice & Remedies Code Sec. 97.003. LIMIT ON LIABILITY OF CONSTRUCTION MONITORING AND INSPECTION SERVICES.

Chapter 98

  1. Tex. Civil Practice & Remedies Code Sec. 98.001. DEFINITION. In this chapter, "trafficking of persons" means conduct that constitutes an offense under Chapter 20A, Penal Code.

  2. Tex. Civil Practice & Remedies Code Sec. 98.002. LIABILITY.

  3. Tex. Civil Practice & Remedies Code Sec. 98.0025. SHAREHOLDER AND MEMBER LIABILITY.

  4. Tex. Civil Practice & Remedies Code Sec. 98.003. DAMAGES.

  5. Tex. Civil Practice & Remedies Code Sec. 98.004. CAUSE OF ACTION CUMULATIVE. The cause of action created by this chapter is cumulative of any other remedy provided by common law or statute.

  6. Tex. Civil Practice & Remedies Code Sec. 98.005. JOINT AND SEVERAL LIABILITY. A person who engages in the trafficking of persons or who intentionally or knowingly benefits from participating in a venture that traffics another person and is found liable under this chapter or other law for any amount of damages arising from the trafficking is jointly liable with any other defendant for the entire amount of damages arising from the trafficking.

  7. Tex. Civil Practice & Remedies Code Sec. 98.006. LIBERAL CONSTRUCTION AND APPLICATION. This chapter shall be liberally construed and applied to promote its underlying purpose to protect persons from human trafficking and provide adequate remedies to victims of human trafficking.

  8. Tex. Civil Practice & Remedies Code Sec. 98.007. CONFIDENTIAL IDENTITY IN CERTAIN ACTIONS.

Chapter 99

  1. Tex. Civil Practice & Remedies Code Sec. 99.001. APPLICABILITY. This chapter applies only to a person who manufactures methamphetamine in violation of Section 481.112, Health and Safety Code, without regard to whether the person is convicted of the offense.

  2. Tex. Civil Practice & Remedies Code Sec. 99.002. STRICT LIABILITY FOR DAMAGES ARISING FROM MANUFACTURE. A person who manufactures methamphetamine is strictly liable for damages for personal injury, death, or property damage arising from the manufacture.

  3. Tex. Civil Practice & Remedies Code Sec. 99.003. STRICT LIABILITY AND MINIMUM DAMAGES FOR EXPOSURE. A person who manufactures methamphetamine is strictly liable for any exposure by an individual to the manufacturing process, including exposure to the methamphetamine itself or any of the byproducts or waste products incident to the manufacture, for the greater of:

  4. Tex. Civil Practice & Remedies Code Sec. 99.004. JOINT AND SEVERAL LIABILITY. A person who manufactures methamphetamine and is found liable under this chapter or other law for any amount of damages arising from the manufacture is jointly liable with any other defendant for the entire amount of damages arising from the manufacture.

  5. Tex. Civil Practice & Remedies Code Sec. 99.005. CHAPTER 33 DOES NOT APPLY. Chapter 33 does not apply in an action for damages arising from the manufacture of methamphetamine.

  6. Tex. Civil Practice & Remedies Code Sec. 99.006. NO LIMITATION ON EXEMPLARY DAMAGES. Section 41.008(b) does not apply in an action for damages arising from the manufacture of methamphetamine.

Chapter 100

  1. Tex. Civil Practice & Remedies Code Sec. 100.001. AFFIRMATIVE DEFENSE. It is an affirmative defense to a civil action for damages for personal injury or death brought against a person performing duties under Article 2A.002(f), Code of Criminal Procedure, the person's employer, or the owner of a commercial nuclear power plant where the person was working, that at the time the cause of action arose the person was justified in using force under Chapter 9, Penal Code.

Chapter 101

  1. Tex. Civil Practice & Remedies Code Sec. 101.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 101.002. SHORT TITLE. This chapter may be cited as the Texas Tort Claims Act.

  3. Tex. Civil Practice & Remedies Code Sec. 101.003. REMEDIES ADDITIONAL. The remedies authorized by this chapter are in addition to any other legal remedies.

  4. Tex. Civil Practice & Remedies Code Sec. 101.004. STATUS OF MEDICAL RESIDENTS AND FELLOWS. For purposes of this chapter, a resident or fellow in a graduate medical training program for physicians that is sponsored by a governmental unit, including a medical and dental unit as defined by Section 61.003, Education Code, is considered to be an employee of a governmental unit regardless of the method or source of payment of the resident or fellow.

  5. Tex. Civil Practice & Remedies Code Sec. 101.021. GOVERNMENTAL LIABILITY. A governmental unit in the state is liable for:

  6. Tex. Civil Practice & Remedies Code Sec. 101.0211. NO LIABILITY FOR JOINT ENTERPRISE.

  7. Tex. Civil Practice & Remedies Code Sec. 101.0215. LIABILITY OF A MUNICIPALITY.

  8. Tex. Civil Practice & Remedies Code Sec. 101.022. DUTY OWED: PREMISE AND SPECIAL DEFECTS.

  9. Tex. Civil Practice & Remedies Code Sec. 101.023. LIMITATION ON AMOUNT OF LIABILITY.

  10. Tex. Civil Practice & Remedies Code Sec. 101.024. EXEMPLARY DAMAGES. This chapter does not authorize exemplary damages.

  11. Tex. Civil Practice & Remedies Code Sec. 101.025. WAIVER OF GOVERNMENTAL IMMUNITY; PERMISSION TO SUE.

  12. Tex. Civil Practice & Remedies Code Sec. 101.026. INDIVIDUAL'S IMMUNITY PRESERVED. To the extent an employee has individual immunity from a tort claim for damages, it is not affected by this chapter.

  13. Tex. Civil Practice & Remedies Code Sec. 101.027. LIABILITY INSURANCE.

  14. Tex. Civil Practice & Remedies Code Sec. 101.028. WORKERS' COMPENSATION INSURANCE. A governmental unit that has workers' compensation insurance or that accepts the workers' compensation laws of this state is entitled to the privileges and immunities granted by the workers' compensation laws of this state to private individuals and corporations.

  15. Tex. Civil Practice & Remedies Code Sec. 101.029. LIABILITY FOR CERTAIN CONDUCT OF STATE PRISON INMATES.

  16. Tex. Civil Practice & Remedies Code Sec. 101.051. SCHOOL AND JUNIOR COLLEGE DISTRICTS PARTIALLY EXCLUDED. Except as to motor vehicles, this chapter does not apply to a school district or to a junior college district.

  17. Tex. Civil Practice & Remedies Code Sec. 101.052. LEGISLATIVE. This chapter does not apply to a claim based on an act or omission of the legislature or a member of the legislature acting in his official capacity or to the legislative functions of a governmental unit.

  18. Tex. Civil Practice & Remedies Code Sec. 101.053. JUDICIAL.

  19. Tex. Civil Practice & Remedies Code Sec. 101.054. STATE MILITARY PERSONNEL. This chapter does not apply to a claim arising from the activities of the state military forces when on active duty under the lawful orders of competent authority.

  20. Tex. Civil Practice & Remedies Code Sec. 101.055. CERTAIN GOVERNMENTAL FUNCTIONS. This chapter does not apply to a claim arising:

  21. Tex. Civil Practice & Remedies Code Sec. 101.056. DISCRETIONARY POWERS. This chapter does not apply to a claim based on:

  22. Tex. Civil Practice & Remedies Code Sec. 101.057. CIVIL DISOBEDIENCE AND CERTAIN INTENTIONAL TORTS. This chapter does not apply to a claim:

  23. Tex. Civil Practice & Remedies Code Sec. 101.058. LANDOWNER'S LIABILITY. To the extent that Chapter 75 limits the liability of a governmental unit under circumstances in which the governmental unit would be liable under this chapter, Chapter 75 controls.

  24. Tex. Civil Practice & Remedies Code Sec. 101.059. ATTRACTIVE NUISANCES. This chapter does not apply to a claim based on the theory of attractive nuisance.

  25. Tex. Civil Practice & Remedies Code Sec. 101.060. TRAFFIC AND ROAD CONTROL DEVICES.

  26. Tex. Civil Practice & Remedies Code Sec. 101.061. TORT COMMITTED BEFORE JANUARY 1, 1970. This chapter does not apply to a claim based on an act or omission that occurred before January 1, 1970.

  27. Tex. Civil Practice & Remedies Code Sec. 101.062. 9-1-1 EMERGENCY SERVICE.

  28. Tex. Civil Practice & Remedies Code Sec. 101.063. MEMBERS OF PUBLIC HEALTH DISTRICT. A governmental unit that is a member of a public health district is not liable under this chapter for any conduct of the district's personnel or for any condition or use of the district's property.

  29. Tex. Civil Practice & Remedies Code Sec. 101.064. LAND ACQUIRED UNDER FORECLOSURE OF LIEN OR BY CONVEYANCE IN SATISFACTION OF CERTAIN TAX DEBT.

  30. Tex. Civil Practice & Remedies Code Sec. 101.065. NEGLIGENCE OF OFF-DUTY LAW ENFORCEMENT OFFICERS. This chapter does not apply to the wrongful act or omission or the negligence of an officer commissioned by the Department of Public Safety if the officer was not on active duty at the time the act, omission, or negligence occurred. This section applies without regard to whether the officer was wearing a uniform purchased under Section 411.0078, Government Code, at the time the act, omission, or negligence occurred.

  31. Tex. Civil Practice & Remedies Code Sec. 101.066. COMPUTER DATE FAILURE. This chapter does not apply to a claim for property damage caused by a computer date failure as described by Section 147.003.

  32. Tex. Civil Practice & Remedies Code Sec. 101.067. GRAFFITI REMOVAL. This chapter does not apply to a claim for property damage caused by the removal of graffiti under Section 250.006, Local Government Code.

  33. Tex. Civil Practice & Remedies Code Sec. 101.101. NOTICE.

  34. Tex. Civil Practice & Remedies Code Sec. 101.102. COMMENCEMENT OF SUIT.

  35. Tex. Civil Practice & Remedies Code Sec. 101.103. LEGAL REPRESENTATION.

  36. Tex. Civil Practice & Remedies Code Sec. 101.104. EVIDENCE OF INSURANCE COVERAGE.

  37. Tex. Civil Practice & Remedies Code Sec. 101.105. SETTLEMENT.

  38. Tex. Civil Practice & Remedies Code Sec. 101.106. ELECTION OF REMEDIES.

  39. Tex. Civil Practice & Remedies Code Sec. 101.107. PAYMENT AND COLLECTION OF JUDGMENT.

  40. Tex. Civil Practice & Remedies Code Sec. 101.108. AD VALOREM TAXES FOR PAYMENT OF JUDGMENT.

  41. Tex. Civil Practice & Remedies Code Sec. 101.109. PAYMENT OF CLAIMS AGAINST CERTAIN UNIVERSITIES. A claim under this chapter against a state-supported senior college or university is payable only by a direct legislative appropriation made to satisfy claims unless insurance has been acquired as provided by this chapter. If insurance has been acquired, the claimant is entitled to payment to the extent of the coverage as in other cases.

Chapter 102

  1. Tex. Civil Practice & Remedies Code Sec. 102.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 102.002. PAYMENT OF CERTAIN TORT CLAIMS.

  3. Tex. Civil Practice & Remedies Code Sec. 102.003. MAXIMUM PAYMENTS. Payments under this chapter by a local government may not exceed:

  4. Tex. Civil Practice & Remedies Code Sec. 102.004. DEFENSE COUNSEL.

  5. Tex. Civil Practice & Remedies Code Sec. 102.005. SECURITY FOR COURT COSTS NOT REQUIRED. In a case defended under this chapter, neither the defendant nor a local government is required to advance security for costs or to give bond on appeal or writ of error.

  6. Tex. Civil Practice & Remedies Code Sec. 102.006. OTHER LAWS NOT AFFECTED. This chapter does not affect:

Chapter 103

  1. Tex. Civil Practice & Remedies Code Sec. 103.001. CLAIMANTS ENTITLED TO COMPENSATION AND HEALTH BENEFITS COVERAGE.

  2. Tex. Civil Practice & Remedies Code Sec. 103.002. NOTICE TO WRONGFULLY IMPRISONED PERSON.

  3. Tex. Civil Practice & Remedies Code Sec. 103.003. LIMITATION ON TIME TO FILE. A person seeking compensation under this chapter must file an application with the comptroller for compensation under Subchapter B not later than the third anniversary of the date:

  4. Tex. Civil Practice & Remedies Code Sec. 103.051. APPLICATION PROCEDURE.

  5. Tex. Civil Practice & Remedies Code Sec. 103.052. LUMP-SUM COMPENSATION.

  6. Tex. Civil Practice & Remedies Code Sec. 103.053. ANNUITY COMPENSATION GENERALLY; STANDARD ANNUITY PAYMENTS.

  7. Tex. Civil Practice & Remedies Code Sec. 103.0535. ALTERNATIVE ANNUITY COMPENSATION.

  8. Tex. Civil Practice & Remedies Code Sec. 103.0536. DESIGNATED BENEFICIARY.

  9. Tex. Civil Practice & Remedies Code Sec. 103.054. PAYMENT OF CERTAIN TUITION AND FEES. If requested by the claimant before the seventh anniversary of the relevant date described by Section 103.003, tuition for up to 120 credit hours, including tuition charged under Section 54.0513, Education Code, or any other law granting an educational institution discretion to set the tuition rate, and any mandatory fees associated with attendance at the institution, charged by a career center or public institution of higher education shall be paid on behalf of the claimant.

  10. Tex. Civil Practice & Remedies Code Sec. 103.101. FEES LIMITED; PREREQUISITES TO FEE AGREEMENT.

  11. Tex. Civil Practice & Remedies Code Sec. 103.102. SUBMISSION OF FEE REPORT.

  12. Tex. Civil Practice & Remedies Code Sec. 103.151. ADMINISTRATIVE PAYMENT OF COMPENSATION.

  13. Tex. Civil Practice & Remedies Code Sec. 103.152. PAYMENT OF COMPENSATION.

  14. Tex. Civil Practice & Remedies Code Sec. 103.153. EMPLOYEES NOT LIABLE AFTER PAYMENT OF COMPENSATION.

  15. Tex. Civil Practice & Remedies Code Sec. 103.154. TERMINATION OF PAYMENTS.

Chapter 104

  1. Tex. Civil Practice & Remedies Code Sec. 104.001. STATE LIABILITY; PERSONS COVERED. In a cause of action based on conduct described in Section 104.002, the state shall indemnify the following persons, without regard to whether the persons performed their services for compensation, for actual damages, court costs, and attorney's fees adjudged against:

  2. Tex. Civil Practice & Remedies Code Sec. 104.002. STATE LIABILITY; CONDUCT COVERED.

  3. Tex. Civil Practice & Remedies Code Sec. 104.003. LIMITS ON AMOUNT OF RECOVERABLE DAMAGES.

  4. Tex. Civil Practice & Remedies Code Sec. 104.0035. STATE LIABILITY; CRIMINAL PROSECUTION.

  5. Tex. Civil Practice & Remedies Code Sec. 104.004. DEFENSE BY ATTORNEY GENERAL.

  6. Tex. Civil Practice & Remedies Code Sec. 104.005. SERVICE OF PROCESS OR TIMELY NOTICE TO ATTORNEY GENERAL REQUIRED. Except as provided by Section 104.0035, the state is not liable for the defense of an action covered by this chapter or for damages, court costs, or attorney's fees unless:

  7. Tex. Civil Practice & Remedies Code Sec. 104.006. SECURITY OR BOND. In a cause of action defended by the attorney general under this chapter, the attorney general or the individual or estate represented may not be required to advance security for cost or to give bond on appeal or on review by writ of error.

  8. Tex. Civil Practice & Remedies Code Sec. 104.007. FUNDS FOR DEFENSE.

  9. Tex. Civil Practice & Remedies Code Sec. 104.008. NO WAIVER OF DEFENSES. This chapter does not waive a defense, immunity, or jurisdictional bar available to the state or its officers, employees, or contractors.

  10. Tex. Civil Practice & Remedies Code Sec. 104.009. DIRECTORS' AND OFFICERS' LIABILITY INSURANCE.

Chapter 105

  1. Tex. Civil Practice & Remedies Code Sec. 105.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 105.002. RECOVERY OF FEES, EXPENSES, AND ATTORNEY'S FEES FOR FRIVOLOUS CLAIM. A party to a civil suit in a court of this state brought by or against a state agency in which the agency asserts a cause of action against the party, either originally or as a counterclaim or cross claim, is entitled to recover, in addition to all other costs allowed by law or rule, a total amount not to exceed $1 million for fees, expenses, and reasonable attorney's fees incurred by the party in defending the agency's action if:

  3. Tex. Civil Practice & Remedies Code Sec. 105.003. MOTION OF FRIVOLOUS CLAIM.

  4. Tex. Civil Practice & Remedies Code Sec. 105.004. PAYMENT OF COSTS. The agency shall pay the fees and expenses from funds appropriated for operation of the agency, funds appropriated for the payment of fees and expenses under this chapter, or other funds available for that purpose.

  5. Tex. Civil Practice & Remedies Code Sec. 105.005. RECOVERY OF ATTORNEY'S FEES AND COSTS IN FRIVOLOUS REGULATORY ACTION. The court reviewing a decision in a contested case under Chapter 2001, Government Code, may award a person, in addition to all other costs allowed by law or rule, an amount not to exceed $1 million for reasonable attorney's fees and costs incurred in defending against a frivolous regulatory action during the contested case and judicial review of the decision in the contested case if:

Chapter 106

  1. Tex. Civil Practice & Remedies Code Sec. 106.001. PROHIBITED ACTS.

  2. Tex. Civil Practice & Remedies Code Sec. 106.002. REMEDIES.

  3. Tex. Civil Practice & Remedies Code Sec. 106.003. PENALTIES.

  4. Tex. Civil Practice & Remedies Code Sec. 106.004. INAPPLICABILITY TO CERTAIN CLAIMS. This chapter does not authorize a claim for preventive relief against the Texas Department of Criminal Justice, an employee of the department, or any other agency, agent, employee, or officer of this state if:

Chapter 107

  1. Tex. Civil Practice & Remedies Code Sec. 107.001. GRANTS OF PERMISSION COVERED. This chapter applies to resolutions granting permission to sue the state or any of the agencies of government that collectively constitute the government of this state, including agencies, departments, bureaus, boards, commissions, offices, councils, courts, and institutions of higher education as defined by Section 61.003, Education Code.

  2. Tex. Civil Practice & Remedies Code Sec. 107.002. EFFECT OF GRANT OF PERMISSION.

  3. Tex. Civil Practice & Remedies Code Sec. 107.003. METHOD EXCLUSIVE.

  4. Tex. Civil Practice & Remedies Code Sec. 107.004. ADDITIONAL CONDITIONS. A resolution may specifically provide additional conditions to which a grant of permission to sue is subject.

  5. Tex. Civil Practice & Remedies Code Sec. 107.005. EFFECT ON OTHER LAWS. This chapter does not affect a waiver of immunity from suit contained in other law.

Chapter 108

  1. Tex. Civil Practice & Remedies Code Sec. 108.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 108.002. LIMITATION OF LIABILITY.

  3. Tex. Civil Practice & Remedies Code Sec. 108.003. STATE LIABILITY NOT AFFECTED.

  4. Tex. Civil Practice & Remedies Code Sec. 108.004. COMPUTER DATE FAILURE. Except in an action arising under the constitution or laws of the United States, a public servant is not personally liable for property damages caused by a computer date failure as described by Section 147.003.

Chapter 109

  1. Tex. Civil Practice & Remedies Code Sec. 109.001. DEFINITION. In this chapter, "state agency" means any entity that constitutes the state government for purposes of Section 101.001.

  2. Tex. Civil Practice & Remedies Code Sec. 109.002. APPLICABILITY; APPROPRIATIONS AND PAYMENTS FOR CERTAIN CLAIMS.

  3. Tex. Civil Practice & Remedies Code Sec. 109.003. SOURCE OF APPROPRIATION. An appropriation subject to this chapter shall be made from otherwise unappropriated amounts in a special fund or account that may be appropriated to the affected state agency and that may be used for that purpose, to the extent those amounts are available. To the extent those amounts are not available, the appropriation may be made from the general revenue fund.

  4. Tex. Civil Practice & Remedies Code Sec. 109.004. PAYMENT OF CLAIM BY AGENCY.

  5. Tex. Civil Practice & Remedies Code Sec. 109.005. REPORTS.

  6. Tex. Civil Practice & Remedies Code Sec. 109.006. APPROPRIATION FOR CLAIM NOT LIMITED. This chapter does not limit the amount the legislature may appropriate to pay claims subject to this chapter.

  7. Tex. Civil Practice & Remedies Code Sec. 109.007. EXCEPTIONS. This chapter does not apply to an appropriation:

Chapter 110

  1. Tex. Civil Practice & Remedies Code Sec. 110.001. DEFINITIONS.

  2. Tex. Civil Practice & Remedies Code Sec. 110.002. APPLICATION.

  3. Tex. Civil Practice & Remedies Code Sec. 110.003. RELIGIOUS FREEDOM PROTECTED.

  4. Tex. Civil Practice & Remedies Code Sec. 110.0031. PROHIBITION ON ORDERS CLOSING PLACES OF WORSHIP. A government agency or public official may not issue an order that closes or has the effect of closing places of worship in this state or in a geographic area of this state.

  5. Tex. Civil Practice & Remedies Code Sec. 110.004. DEFENSE. A person whose free exercise of religion has been substantially burdened in violation of Section 110.003 or 110.0031 may assert that violation as a defense in a judicial or administrative proceeding without regard to whether the proceeding is brought in the name of the state or by any other person.

  6. Tex. Civil Practice & Remedies Code Sec. 110.005. REMEDIES.

  7. Tex. Civil Practice & Remedies Code Sec. 110.006. NOTICE; RIGHT TO ACCOMMODATE.

  8. Tex. Civil Practice & Remedies Code Sec. 110.007. ONE-YEAR LIMITATIONS PERIOD.

  9. Tex. Civil Practice & Remedies Code Sec. 110.008. SOVEREIGN IMMUNITY WAIVED.

  10. Tex. Civil Practice & Remedies Code Sec. 110.009. EFFECT ON RIGHTS.

  11. Tex. Civil Practice & Remedies Code Sec. 110.010. APPLICATION TO CERTAIN CASES. Notwithstanding any other provision of this chapter, a municipality has no less authority to adopt or apply laws and regulations concerning zoning, land use planning, traffic management, urban nuisance, or historic preservation than the authority of the municipality that existed under the law as interpreted by the federal courts before April 17, 1990. This chapter does not affect the authority of a municipality to adopt or apply laws and regulations as that authority has been interpreted by any court in cases that do not involve the free exercise of religion.

  12. Tex. Civil Practice & Remedies Code Sec. 110.011. CIVIL RIGHTS.

  13. Tex. Civil Practice & Remedies Code Sec. 110.012. GRANT TO RELIGIOUS ORGANIZATION NOT AFFECTED. Notwithstanding Section 110.002(b), this chapter does not affect the grant or denial of an appropriation or other grant of money or benefits to a religious organization, nor does it affect the grant or denial of a tax exemption to a religious organization.

Chapter 111

  1. Tex. Civil Practice & Remedies Code Sec. 111.001. PURPOSE; APPLICABILITY.

  2. Tex. Civil Practice & Remedies Code Sec. 111.002. DEFINITION. In this chapter, "settlement" includes a consent decree, an agreed judgment, or any other settlement or compromise of a claim or action.

  3. Tex. Civil Practice & Remedies Code Sec. 111.003. LIMITATION ON SETTLEMENT WITHOUT LEGISLATIVE CONSENT OR APPROVAL.

  4. Tex. Civil Practice & Remedies Code Sec. 111.004. FORM OF CONSENT OR APPROVAL.

  5. Tex. Civil Practice & Remedies Code Sec. 111.005. APPROPRIATIONS.

  6. Tex. Civil Practice & Remedies Code Sec. 111.006. REPORT BY ATTORNEY GENERAL. Not later than September 1 of each even-numbered year, the attorney general shall send to the lieutenant governor, the speaker of the house of representatives, and each member of the Senate Finance Committee and the House Appropriations Committee a report describing each claim or action pending as of September 1 of that year that has been or that in the opinion of the attorney general may be settled in a manner that will require prior consent or subsequent approval by the legislature under this chapter.

Chapter 112

  1. Tex. Civil Practice & Remedies Code Sec. 112.001. CERTAIN ACTIONS OF FIRST RESPONDERS, TACTICAL MEDICAL PROFESSIONALS, AND VOLUNTEER EMERGENCY SERVICES PERSONNEL.

Chapter 113

  1. Tex. Civil Practice & Remedies Code Sec. 113.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 113.002. WAIVER OF IMMUNITY TO SUIT FOR CLAIM REGARDING WATER SUPPLY CONTRACT. A local district or authority that enters into a written contract stating the essential terms under which the local district or authority is to provide water to a purchaser for use in connection with the generation of electricity waives sovereign immunity to suit for the purpose of adjudicating a claim that the local district or authority breached the contract by not providing water, or access to water, according to the contract's terms.

  3. Tex. Civil Practice & Remedies Code Sec. 113.003. REMEDIES.

  4. Tex. Civil Practice & Remedies Code Sec. 113.004. NO WAIVER OF OTHER DEFENSES. This chapter does not waive a defense or a limitation on damages available to a party to a contract other than sovereign immunity to suit.

  5. Tex. Civil Practice & Remedies Code Sec. 113.005. NO WAIVER OF IMMUNITY TO SUIT IN FEDERAL COURT. This chapter does not waive sovereign immunity to suit in federal court.

  6. Tex. Civil Practice & Remedies Code Sec. 113.006. NO WAIVER OF IMMUNITY TO SUIT FOR TORT LIABILITY. This chapter does not waive sovereign immunity to suit for a cause of action for a negligent or intentional tort.

  7. Tex. Civil Practice & Remedies Code Sec. 113.007. NO NEW OR ADDITIONAL WATER RIGHTS. This chapter does not grant any user of water any new or additional rights to water or any new or additional priority to water rights. This chapter does not confer any rights inconsistent with the terms of the contract that is the subject of a dispute under Section 113.002.

  8. Tex. Civil Practice & Remedies Code Sec. 113.008. AUTHORITY OF REGULATORY AGENCIES; COMPLIANCE WITH REGULATORY ORDER.

  9. Tex. Civil Practice & Remedies Code Sec. 113.009. NO THIRD-PARTY BENEFICIARIES.

Chapter 114

  1. Tex. Civil Practice & Remedies Code Sec. 114.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 114.002. APPLICABILITY. This chapter applies only to a claim for breach of a written contract for engineering, architectural, or construction services or for materials related to engineering, architectural, or construction services brought by a party to the written contract, in which the amount in controversy is not less than $250,000, excluding penalties, costs, expenses, prejudgment interest, and attorney's fees.

  3. Tex. Civil Practice & Remedies Code Sec. 114.003. WAIVER OF IMMUNITY TO SUIT FOR CERTAIN CLAIMS. A state agency that is authorized by statute or the constitution to enter into a contract and that enters into a contract subject to this chapter waives sovereign immunity to suit for the purpose of adjudicating a claim for breach of an express provision of the contract, subject to the terms and conditions of this chapter.

  4. Tex. Civil Practice & Remedies Code Sec. 114.004. LIMITATIONS ON ADJUDICATION AWARDS.

  5. Tex. Civil Practice & Remedies Code Sec. 114.005. CONTRACTUAL ADJUDICATION PROCEDURES ENFORCEABLE. Adjudication procedures, including requirements for serving notices or engaging in alternative dispute resolution proceedings before bringing a suit or an arbitration proceeding, that are stated in the contract subject to this chapter or that are established by the state agency and expressly incorporated into the contract are enforceable, except to the extent those procedures conflict with the terms of this chapter.

  6. Tex. Civil Practice & Remedies Code Sec. 114.006. NO WAIVER OF OTHER DEFENSES. This chapter does not waive a defense or a limitation on damages available to a party to a contract, other than a bar against suit based on sovereign immunity.

  7. Tex. Civil Practice & Remedies Code Sec. 114.007. NO WAIVER OF IMMUNITY TO SUIT IN FEDERAL COURT. This chapter does not waive sovereign immunity to suit in federal court.

  8. Tex. Civil Practice & Remedies Code Sec. 114.008. NO WAIVER OF IMMUNITY TO SUIT FOR TORT LIABILITY. This chapter does not waive sovereign immunity to a claim arising from a cause of action for negligence, fraud, tortious interference with a contract, or any other tort.

  9. Tex. Civil Practice & Remedies Code Sec. 114.009. EMPLOYMENT CONTRACTS EXEMPT. This chapter does not apply to an employment contract between a state agency and an employee of that agency.

  10. Tex. Civil Practice & Remedies Code Sec. 114.010. VENUE. A suit under this chapter may be brought in a district court in:

  11. Tex. Civil Practice & Remedies Code Sec. 114.011. LIMITATION ON REMEDIES. Satisfaction and payment of any judgment under this chapter may not be paid from funds appropriated to the state agency from general revenue unless the funds are specifically appropriated for that purpose. Property of the state or any agency, department, or office of the state is not subject to seizure, attachment, garnishment, or any other creditors' remedy to satisfy a judgment taken under this chapter.

  12. Tex. Civil Practice & Remedies Code Sec. 114.012. EXCLUSIVE REMEDY. A claim to which this chapter applies may not be brought under Chapter 2260, Government Code, against the state or a unit of state government as defined by Section 2260.001, Government Code.

  13. Tex. Civil Practice & Remedies Code Sec. 114.013. REPORT. Before January 1 of each even-numbered year, each state agency shall report to the governor, the comptroller, and each house of the legislature the cost of defense to the state agency and the office of the attorney general in an adjudication brought against the agency under a contract subject to this chapter. Included in the report shall be the amount claimed in any adjudication pending on the date of the report.

Chapter 116

  1. Tex. Civil Practice & Remedies Code Sec. 116.001. DEFINITION. In this chapter, "governmental unit" has the meaning assigned by Section 101.001.

  2. Tex. Civil Practice & Remedies Code Sec. 116.002. CERTAIN SETTLEMENT TERMS PROHIBITED.

  3. Tex. Civil Practice & Remedies Code Sec. 116.003. EFFECT OF CHAPTER. This chapter does not affect information that is privileged or confidential under other law.

Chapter 117

  1. Tex. Civil Practice & Remedies Code Sec. 117.001. DEFINITION. In this chapter, "damages" includes any and all damages, fines, fees, penalties, court costs, attorney's fees, or other assessments.

  2. Tex. Civil Practice & Remedies Code Sec. 117.002. CIVIL IMMUNITY FOR AND INDEMNIFICATION OF LOCAL GOVERNMENT OFFICIALS, EMPLOYEES, AND CONTRACTORS.

  3. Tex. Civil Practice & Remedies Code Sec. 117.003. CIVIL IMMUNITY FOR AND INDEMNIFICATION OF STATE OFFICIALS, EMPLOYEES, AND CONTRACTORS.

  4. Tex. Civil Practice & Remedies Code Sec. 117.004. APPEAL TO SUPREME COURT. For a civil action brought against a person who may be entitled to immunity or indemnification under Section 117.002 or 117.003, an appeal must be taken directly to the supreme court.

  5. Tex. Civil Practice & Remedies Code Sec. 117.005. OTHER LAWS NOT AFFECTED. This chapter does not affect a defense, immunity, or jurisdictional bar available to the state or a local government or an official, employee, or contractor of the state or a local government.

Chapter 118

  1. Tex. Civil Practice & Remedies Code Sec. 118.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 118.002. LIABILITY.

  3. Tex. Civil Practice & Remedies Code Sec. 118.003. DAMAGES. A claimant who prevails in an action under this chapter shall be awarded actual damages in a maximum amount of $500,000 for each claimant.

  4. Tex. Civil Practice & Remedies Code Sec. 118.004. COURT COSTS AND ATTORNEY'S FEES. A party who prevails in an action under this chapter is entitled to:

  5. Tex. Civil Practice & Remedies Code Sec. 118.005. REMEDIES NOT EXCLUSIVE. The remedies authorized by this chapter are in addition to any other legal remedies.

  6. Tex. Civil Practice & Remedies Code Sec. 118.006. WAIVER OF GOVERNMENTAL IMMUNITY; OFFICIAL IMMUNITY ABOLISHED.

Chapter 121

  1. Tex. Civil Practice & Remedies Code Sec. 121.001. OFFICERS WHO MAY TAKE ACKNOWLEDGMENTS OR PROOFS.

  2. Tex. Civil Practice & Remedies Code Sec. 121.002. CORPORATE ACKNOWLEDGMENTS.

  3. Tex. Civil Practice & Remedies Code Sec. 121.003. AUTHORITY OF OFFICERS. In a proceeding to prove a written instrument, an officer authorized by this chapter to take an acknowledgment or a proof of a written instrument is also authorized to:

  4. Tex. Civil Practice & Remedies Code Sec. 121.004. METHOD OF ACKNOWLEDGMENT.

  5. Tex. Civil Practice & Remedies Code Sec. 121.005. PROOF OF IDENTITY OF ACKNOWLEDGING PERSON.

  6. Tex. Civil Practice & Remedies Code Sec. 121.006. ALTERATION OF AUTHORIZED FORMS; DEFINITION.

  7. Tex. Civil Practice & Remedies Code Sec. 121.007. FORM FOR ORDINARY CERTIFICATE OF ACKNOWLEDGMENT. The form of an ordinary certificate of acknowledgment must be substantially as follows:

  8. Tex. Civil Practice & Remedies Code Sec. 121.008. SHORT FORMS FOR CERTIFICATES OF ACKNOWLEDGMENT.

  9. Tex. Civil Practice & Remedies Code Sec. 121.009. PROOF OF ACKNOWLEDGMENT BY WITNESS.

  10. Tex. Civil Practice & Remedies Code Sec. 121.010. FORM OF CERTIFICATE FOR PROOF BY WITNESS. When the execution of a written instrument is proved by a witness, the certificate of the officer must be substantially as follows:

  11. Tex. Civil Practice & Remedies Code Sec. 121.011. PROOF OF ACKNOWLEDGMENT BY HANDWRITING.

  12. Tex. Civil Practice & Remedies Code Sec. 121.012. RECORD OF ACKNOWLEDGMENT.

  13. Tex. Civil Practice & Remedies Code Sec. 121.013. SUBPOENA OF WITNESS; ATTACHMENT.

  14. Tex. Civil Practice & Remedies Code Sec. 121.014. ACTION FOR DAMAGES. A person injured by the failure, refusal, or neglect of an officer to comply with a provision of this chapter has a cause of action against the officer to recover damages resulting from the failure, refusal, or neglect of the officer.

  15. Tex. Civil Practice & Remedies Code Sec. 121.015. PRIVATE SEAL OR SCROLL NOT REQUIRED. A private seal or scroll may not be required on a written instrument other than an instrument made by a corporation.

  16. Tex. Civil Practice & Remedies Code Sec. 121.016. EFFECT OF OTHER LAW. To the extent that a provision of this chapter conflicts with Subchapter C, Chapter 406, Government Code, that subchapter controls with respect to an online notarization as defined by Section 406.101, Government Code.

Chapter 122

  1. Tex. Civil Practice & Remedies Code Sec. 122.001. PROTECTION OF JURORS' EMPLOYMENT; JUROR'S RIGHT TO REEMPLOYMENT; NOTICE OF INTENT TO RETURN.

  2. Tex. Civil Practice & Remedies Code Sec. 122.002. DAMAGES; REINSTATEMENT; ATTORNEY'S FEES.

  3. Tex. Civil Practice & Remedies Code Sec. 122.0021. CRIMINAL PENALTY.

  4. Tex. Civil Practice & Remedies Code Sec. 122.0022. CONTEMPT. In addition to and without limiting any other sanction or remedy available under this chapter or other law, a court may punish by contempt an employer who terminates, threatens to terminate, penalizes, or threatens to penalize an employee because the employee performs jury or grand jury duty.

  5. Tex. Civil Practice & Remedies Code Sec. 122.003. DEFENSE.

Chapter 123

  1. Tex. Civil Practice & Remedies Code Sec. 123.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 123.002. CAUSE OF ACTION.

  3. Tex. Civil Practice & Remedies Code Sec. 123.003. DEFENSE.

  4. Tex. Civil Practice & Remedies Code Sec. 123.004. DAMAGES. A person who establishes a cause of action under this chapter is entitled to:

Chapter 124

  1. Tex. Civil Practice & Remedies Code Sec. 124.001. SUSPECTED THEFT OF PROPERTY OR ATTEMPTED THEFT OF PROPERTY.

  2. Tex. Civil Practice & Remedies Code Sec. 124.002. THEFT EDUCATION PROGRAM.

  3. Tex. Civil Practice & Remedies Code Sec. 124.003. IMMUNITY FROM CRIMINAL AND CIVIL LIABILITY. A person who offers or provides a theft education program in compliance with this chapter is not criminally or civilly liable for failure to notify a law enforcement agency of the suspected theft or attempted theft.

Chapter 125

  1. Tex. Civil Practice & Remedies Code Sec. 125.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 125.0015. COMMON NUISANCE.

  3. Tex. Civil Practice & Remedies Code Sec. 125.0017. NOTICE BY LAW ENFORCEMENT OF CERTAIN ACTIVITIES. If a law enforcement agency has reason to believe an activity described by Section 125.0015(a)(6), (7), or

  4. Tex. Civil Practice & Remedies Code Sec. 125.002. SUIT TO ABATE CERTAIN COMMON NUISANCES; BOND.

  5. Tex. Civil Practice & Remedies Code Sec. 125.0025. SUIT TO DECLARE CERTAIN COMMON NUISANCES.

  6. Tex. Civil Practice & Remedies Code Sec. 125.003. SUIT ON BOND.

  7. Tex. Civil Practice & Remedies Code Sec. 125.004. EVIDENCE.

  8. Tex. Civil Practice & Remedies Code Sec. 125.005. ATTORNEY'S FEES AND COSTS IN ACTION UNDER CHAPTER. In an action brought under this chapter, the court may award a prevailing party reasonable attorney's fees in addition to costs incurred in bringing the action. In determining the amount of attorney's fees, the court shall consider:

  9. Tex. Civil Practice & Remedies Code Sec. 125.042. REQUEST FOR MEETING.

  10. Tex. Civil Practice & Remedies Code Sec. 125.043. NOTICE. The district attorney, city attorney, or county attorney receiving the request may:

  11. Tex. Civil Practice & Remedies Code Sec. 125.044. FINDINGS.

  12. Tex. Civil Practice & Remedies Code Sec. 125.045. REMEDIES.

  13. Tex. Civil Practice & Remedies Code Sec. 125.046. ADDITIONAL REMEDIES; RECEIVER.

  14. Tex. Civil Practice & Remedies Code Sec. 125.047. NUISANCE ABATEMENT FUND.

  15. Tex. Civil Practice & Remedies Code Sec. 125.061. DEFINITIONS. In this subchapter:

  16. Tex. Civil Practice & Remedies Code Sec. 125.062. PUBLIC NUISANCE; COMBINATION. A combination, criminal street gang, or foreign terrorist organization that continuously or regularly associates in gang activities is a public nuisance.

  17. Tex. Civil Practice & Remedies Code Sec. 125.063. PUBLIC NUISANCE; USE OF PLACE. The habitual use of a place by a combination, criminal street gang, or foreign terrorist organization for engaging in gang activity is a public nuisance.

  18. Tex. Civil Practice & Remedies Code Sec. 125.064. SUIT TO ABATE NUISANCE.

  19. Tex. Civil Practice & Remedies Code Sec. 125.065. COURT ORDER.

  20. Tex. Civil Practice & Remedies Code Sec. 125.066. VIOLATION OF COURT ORDER. A person who violates a temporary or permanent injunctive order under this subchapter is subject to the following sentences for civil contempt:

  21. Tex. Civil Practice & Remedies Code Sec. 125.067. CONTINUATION OF ACTIVITIES PENDING TRIAL OR APPEAL; APPEAL.

  22. Tex. Civil Practice & Remedies Code Sec. 125.0675. INJUNCTION FOR SPECIFIED PERIOD. In addition to any other order that may be issued under this subchapter or other law, a court of appeals or a trial court acting under Section 125.067(b) or

  23. Tex. Civil Practice & Remedies Code Sec. 125.069. USE OF PLACE; EVIDENCE. In an action brought under this subchapter, proof that gang activity by a member of a combination, a criminal street gang, or a foreign terrorist organization is frequently committed at a place or proof that a place is frequently used for engaging in gang activity by a member of a combination, a criminal street gang, or a foreign terrorist organization is prima facie evidence that the proprietor knowingly permitted the act, unless the act constitutes conspiring to commit gang activity.

  24. Tex. Civil Practice & Remedies Code Sec. 125.070. CIVIL ACTION FOR VIOLATION OF INJUNCTION.

Chapter 126

  1. Tex. Civil Practice & Remedies Code Sec. 126.001. DEFINITION. In this subchapter, "religious congregation" does not include the religion or a denomination of the religion as a whole.

  2. Tex. Civil Practice & Remedies Code Sec. 126.002. APPOINTMENT OF RECEIVER.

  3. Tex. Civil Practice & Remedies Code Sec. 126.003. QUALIFICATIONS.

  4. Tex. Civil Practice & Remedies Code Sec. 126.004. POWERS AND DUTIES.

  5. Tex. Civil Practice & Remedies Code Sec. 126.011. RECORD.

  6. Tex. Civil Practice & Remedies Code Sec. 126.013. CHANGE IN TRUSTEES. This chapter does not affect a religious congregation's right to change, appoint, or elect its trustees.

Chapter 127

  1. Tex. Civil Practice & Remedies Code Sec. 127.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 127.002. FINDINGS; CERTAIN AGREEMENTS AGAINST PUBLIC POLICY.

  3. Tex. Civil Practice & Remedies Code Sec. 127.003. AGREEMENT VOID AND UNENFORCEABLE.

  4. Tex. Civil Practice & Remedies Code Sec. 127.004. EXCLUSIONS. This chapter does not apply to loss or liability for damages or an expense arising from:

  5. Tex. Civil Practice & Remedies Code Sec. 127.005. INSURANCE COVERAGE.

  6. Tex. Civil Practice & Remedies Code Sec. 127.006. INSURANCE CONTRACT; WORKERS' COMPENSATION. This chapter does not affect:

  7. Tex. Civil Practice & Remedies Code Sec. 127.007. OWNER OF SURFACE ESTATE. This chapter does not deprive an owner of the surface estate of the right to secure indemnity from a lessee, an operator, a contractor, or other person conducting operations for the exploration or production of minerals of the owner's land.

Chapter 128

  1. Tex. Civil Practice & Remedies Code Sec. 128.001. LIMITATION ON RIGHT TO BRING SUIT OR RECOVER DAMAGES.

  2. Tex. Civil Practice & Remedies Code Sec. 128.051. DEFINITIONS. In this subchapter:

  3. Tex. Civil Practice & Remedies Code Sec. 128.052. LIMITATION ON CIVIL ACTION AND RECOVERY OF DAMAGES.

  4. Tex. Civil Practice & Remedies Code Sec. 128.053. EXPERT REPORT.

Chapter 129

  1. Tex. Civil Practice & Remedies Code Sec. 129.001. AGE OF MAJORITY. The age of majority in this state is 18 years.

  2. Tex. Civil Practice & Remedies Code Sec. 129.002. RIGHTS, PRIVILEGES, OR OBLIGATIONS. A law, rule, or ordinance enacted or adopted before August 27, 1973, that extends a right, privilege, or obligation to an individual on the basis of a minimum age of 19, 20, or 21 years shall be interpreted as prescribing a minimum age of 18 years.

  3. Tex. Civil Practice & Remedies Code Sec. 129.003. ALCOHOLIC BEVERAGE CODE PREVAILS. The minimum age provisions of the Alcoholic Beverage Code prevail to the extent of any conflict with this chapter.

Chapter 130

  1. Tex. Civil Practice & Remedies Code Sec. 130.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 130.002. COVENANT OR PROMISE VOID AND UNENFORCEABLE.

  3. Tex. Civil Practice & Remedies Code Sec. 130.0021. ARCHITECT'S, ENGINEER'S, OR LAND SURVEYOR'S STANDARD OF CARE.

  4. Tex. Civil Practice & Remedies Code Sec. 130.003. INSURANCE CONTRACT; WORKERS' COMPENSATION. This chapter does not apply to:

  5. Tex. Civil Practice & Remedies Code Sec. 130.004. OWNER OF INTEREST IN REAL PROPERTY.

  6. Tex. Civil Practice & Remedies Code Sec. 130.005. APPLICATION OF CHAPTER. This chapter does not apply to a contract or agreement in which an architect, engineer, or land surveyor, or an agent, servant, or employee of an architect, engineer, or land surveyor, is indemnified from liability for:

Chapter 131

  1. Tex. Civil Practice & Remedies Code Sec. 131.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 131.002. ADOPTION OF RULES. The rules of each national collegiate athletic association in effect on January 1, 1987, are adopted.

  3. Tex. Civil Practice & Remedies Code Sec. 131.003. CAUSE OF ACTION BY REGIONAL COLLEGIATE ATHLETIC ASSOCIATION. A person who violates a rule of a national collegiate athletic association adopted by this chapter is liable for damages in an action brought by a regional collegiate athletic association if:

  4. Tex. Civil Practice & Remedies Code Sec. 131.004. CAUSE OF ACTION BY INSTITUTION. A person who violates a rule of a national collegiate athletic association adopted by this chapter is liable for damages in an action brought by an institution if:

  5. Tex. Civil Practice & Remedies Code Sec. 131.005. DEFENSES.

  6. Tex. Civil Practice & Remedies Code Sec. 131.006. DAMAGES. Damages to a regional collegiate athletic association or institution may include lost television revenues and lost ticket sales of regular season and post-season athletic events.

  7. Tex. Civil Practice & Remedies Code Sec. 131.007. DISTRIBUTION OF DAMAGES. A regional collegiate athletic association that prevails in an action under Section 131.003 shall distribute the awarded damages to its member institutions in the same manner that it regularly distributes proceeds it receives in connection with athletic contests among member institutions.

  8. Tex. Civil Practice & Remedies Code Sec. 131.008. ATTORNEY'S FEES AND COSTS. A regional collegiate athletic association or institution that prevails in an action under this chapter is entitled to an award of reasonable attorney's fees and costs.

Chapter 132

  1. Tex. Civil Practice & Remedies Code Sec. 132.001. UNSWORN DECLARATION.

Chapter 133

  1. Tex. Civil Practice & Remedies Code Sec. 133.001. SEVEN-YEAR ABSENCE. Any person absenting himself for seven successive years shall be presumed dead unless it is proved that the person was alive within the seven-year period.

  2. Tex. Civil Practice & Remedies Code Sec. 133.002. ARMED SERVICES CERTIFICATE OF DEATH. If a branch of the armed services issues a certificate declaring a person dead, the date of death is presumed to have occurred for all purposes as stated in the certificate. The certificate may be admitted in any court of competent jurisdiction as prima facie evidence of the date and place of the person's death.

  3. Tex. Civil Practice & Remedies Code Sec. 133.003. RESTORATION OF ESTATE.

Chapter 134

  1. Tex. Civil Practice & Remedies Code Sec. 134.001. SHORT TITLE. This chapter may be cited as the Texas Theft Liability Act.

  2. Tex. Civil Practice & Remedies Code Sec. 134.002. DEFINITIONS. In this chapter:

  3. Tex. Civil Practice & Remedies Code Sec. 134.003. LIABILITY.

  4. Tex. Civil Practice & Remedies Code Sec. 134.004. SUIT. A suit under this chapter may be brought in the county where the theft occurred or in the county where the defendant resides.

  5. Tex. Civil Practice & Remedies Code Sec. 134.005. RECOVERY.

Chapter 136

  1. Tex. Civil Practice & Remedies Code Sec. 136.001. CERTIFIED MAIL.

Chapter 137

  1. Tex. Civil Practice & Remedies Code Sec. 137.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 137.002. PERSONS WHO MAY EXECUTE DECLARATION FOR MENTAL HEALTH TREATMENT; PERIOD OF VALIDITY.

  3. Tex. Civil Practice & Remedies Code Sec. 137.003. EXECUTION AND WITNESSES; EXECUTION AND ACKNOWLEDGMENT BEFORE NOTARY PUBLIC.

  4. Tex. Civil Practice & Remedies Code Sec. 137.004. HEALTH CARE PROVIDER TO ACT IN ACCORDANCE WITH DECLARATION FOR MENTAL HEALTH TREATMENT. A physician or other health care provider shall act in accordance with the declaration for mental health treatment when the principal has been found to be incapacitated. A physician or other provider shall continue to seek and act in accordance with the principal's informed consent to all mental health treatment decisions if the principal is capable of providing informed consent.

  5. Tex. Civil Practice & Remedies Code Sec. 137.005. LIMITATION ON LIABILITY.

  6. Tex. Civil Practice & Remedies Code Sec. 137.006. DISCRIMINATION RELATING TO EXECUTION OF DECLARATION FOR MENTAL HEALTH TREATMENT. A health or residential care provider, health care service plan, insurer issuing disability insurance, self-insured employee benefit plan, or nonprofit hospital service plan may not:

  7. Tex. Civil Practice & Remedies Code Sec. 137.007. USE AND EFFECT OF DECLARATION FOR MENTAL HEALTH TREATMENT.

  8. Tex. Civil Practice & Remedies Code Sec. 137.008. DISREGARD OF DECLARATION FOR MENTAL HEALTH TREATMENT.

  9. Tex. Civil Practice & Remedies Code Sec. 137.009. CONFLICTING OR CONTRARY PROVISIONS.

  10. Tex. Civil Practice & Remedies Code Sec. 137.010. REVOCATION.

  11. Tex. Civil Practice & Remedies Code Sec. 137.011. FORM OF DECLARATION FOR MENTAL HEALTH TREATMENT. The declaration for mental health treatment must be in substantially the following form:

Chapter 138

  1. Tex. Civil Practice & Remedies Code Sec. 138.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 138.002. CIVIL ACTION PROHIBITED.

  3. Tex. Civil Practice & Remedies Code Sec. 138.003. PLEADINGS. In an action described in Section 138.002(b)(1), the initiating petition must state with particularity:

  4. Tex. Civil Practice & Remedies Code Sec. 138.004. STAY.

Chapter 139

  1. Tex. Civil Practice & Remedies Code Sec. 139.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 139.002. SCOPE OF CHAPTER. This chapter applies only to a suit on a claim for damages arising from personal injury:

  3. Tex. Civil Practice & Remedies Code Sec. 139.101. WRITTEN OFFER REQUIRED. An offer of structured settlement made after a suit to which this chapter applies has been filed must be:

  4. Tex. Civil Practice & Remedies Code Sec. 139.102. PRESENTATION TO CLAIMANT.

Chapter 140

  1. Tex. Civil Practice & Remedies Code Sec. 140.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 140.002. APPLICABILITY OF CHAPTER.

  3. Tex. Civil Practice & Remedies Code Sec. 140.003. CONFLICTS WITH OTHER LAW. In the event of a conflict between this chapter and another law, including a rule of procedure or evidence, this chapter controls to the extent of the conflict.

  4. Tex. Civil Practice & Remedies Code Sec. 140.004. CONTRACTUAL SUBROGATION RIGHTS AUTHORIZED. An issuer of a plan that provides benefits described by Section 140.002 under which the policy or plan issuer may be obligated to make payments or provide medical or surgical benefits to or on behalf of a covered individual as a result of a personal injury to the individual caused by the tortious conduct of a third party may contract to be subrogated to and have a right of reimbursement for payments made or costs of benefits provided from the individual's recovery for that injury, subject to this chapter.

  5. Tex. Civil Practice & Remedies Code Sec. 140.005. PAYORS' RECOVERY LIMITED.

  6. Tex. Civil Practice & Remedies Code Sec. 140.006. ATTORNEY'S FEES IN DECLARATORY JUDGMENT ACTION. Notwithstanding Section 37.009 or any other law, if a declaratory judgment action is brought under this chapter, the court may not award costs or attorney's fees to any party in the action.

  7. Tex. Civil Practice & Remedies Code Sec. 140.007. ATTORNEY'S FEES IN RECOVERY ACTION.

  8. Tex. Civil Practice & Remedies Code Sec. 140.008. FIRST-PARTY RECOVERY.

  9. Tex. Civil Practice & Remedies Code Sec. 140.009. CONSTRUCTION OF CHAPTER. This chapter does not create a cause of action. Nothing in this chapter shall be construed to prevent a payor of benefits from waiving, negotiating, or not pursuing any claim or recovery described by Section 140.004 or 140.005.

Chapter 141

  1. Tex. Civil Practice & Remedies Code Sec. 141.001. SHORT TITLE. This chapter may be cited as the Structured Settlement Protection Act.

  2. Tex. Civil Practice & Remedies Code Sec. 141.002. DEFINITIONS. In this chapter:

  3. Tex. Civil Practice & Remedies Code Sec. 141.003. REQUIRED DISCLOSURES TO PAYEE. At least three days before the date on which the payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type at least 14 points in size, that states:

  4. Tex. Civil Practice & Remedies Code Sec. 141.004. APPROVAL OF TRANSFERS OF STRUCTURED SETTLEMENT PAYMENT RIGHTS. No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order based on express findings by the court that:

  5. Tex. Civil Practice & Remedies Code Sec. 141.005. EFFECTS OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS. Following a transfer of structured settlement payment rights under this chapter:

  6. Tex. Civil Practice & Remedies Code Sec. 141.006. PROCEDURE FOR APPROVAL OF TRANSFERS.

  7. Tex. Civil Practice & Remedies Code Sec. 141.007. GENERAL PROVISIONS; CONSTRUCTION.

Chapter 142

  1. Tex. Civil Practice & Remedies Code Sec. 142.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 142.002. LIMITATION ON LIABILITY FOR HIRING EMPLOYEE CONVICTED OF OFFENSE.

Chapter 143

  1. Tex. Civil Practice & Remedies Code Sec. 143.001. CAUSE OF ACTION.

  2. Tex. Civil Practice & Remedies Code Sec. 143.002. DAMAGES. A person who establishes a cause of action under this chapter is entitled to:

Chapter 144

  1. Tex. Civil Practice & Remedies Code Sec. 144.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 144.005. COURT RECORDS CONCERNING ORDER. The court shall seal records concerning an order issued under this chapter and ensure that the court's records are not open for inspection by any person except the former mental patient or on further order of the court after notice to the former mental patient and a finding of good cause. The institution of a suit or bringing of a claim by or on behalf of the former mental patient or the former patient's assignee or insurer constitutes good cause.

  3. Tex. Civil Practice & Remedies Code Sec. 144.006. COLLATERAL EFFECTS OF ORDER.

  4. Tex. Civil Practice & Remedies Code Sec. 144.007. LIMITATION ON CERTAIN LAWSUITS.

  5. Tex. Civil Practice & Remedies Code Sec. 144.008. DISCLOSURE OF INFORMATION SUBJECT TO ORDER; PENALTY.

  6. Tex. Civil Practice & Remedies Code Sec. 144.009. APPLICABILITY OF OTHER LAW. This chapter supersedes other state law regarding the retention or destruction of patient records.

Chapter 145

  1. Tex. Civil Practice & Remedies Code Sec. 145.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 145.0015. SHORT TITLE. This chapter may be cited as the Sue Weaver Act.

  3. Tex. Civil Practice & Remedies Code Sec. 145.002. CRIMINAL HISTORY BACKGROUND CHECK. Before associating with or hiring an officer, employee, or prospective employee in a position whose duties include entry into another person's residence, an in-home service company or residential delivery company shall:

  4. Tex. Civil Practice & Remedies Code Sec. 145.003. PRESUMPTION OF NO NEGLIGENCE.

  5. Tex. Civil Practice & Remedies Code Sec. 145.004. PRESUMPTION OF NO NEGLIGENCE FOR PERSONS UTILIZING A RESIDENTIAL DELIVERY COMPANY OR IN-HOME SERVICE COMPANY. A person who contracts with a residential delivery company to deliver an item or who contracts with an in-home service company to place, assemble, repair, or install an item referred to in Section 145.001(1), is rebuttably presumed to have not acted negligently in doing so if:

Chapter 146

  1. Tex. Civil Practice & Remedies Code Sec. 146.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 146.002. TIMELY BILLING REQUIRED.

  3. Tex. Civil Practice & Remedies Code Sec. 146.003. CERTAIN CLAIMS BARRED.

  4. Tex. Civil Practice & Remedies Code Sec. 146.004. DISCIPLINARY ACTION NOT AUTHORIZED. A health care service provider who violates this chapter is not subject to disciplinary action for the violation under any other law, including the law under which the health care service provider is licensed or otherwise holds a grant of authority.

Chapter 147

  1. Tex. Civil Practice & Remedies Code Sec. 147.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 147.002. ACTION FOR COMPUTER DATE FAILURE. Subject to Section 147.004 and regardless of the legal theory, statute, or cause of action on which the action is based, including an action based in tort, contract, or breach of an express or implied warranty, this chapter applies only to an action in which a claimant seeks recovery of damages or any other relief for harm caused by:

  3. Tex. Civil Practice & Remedies Code Sec. 147.003. COMPUTER DATE FAILURE. A computer date failure is the inability to correctly process, recognize, store, receive, transmit, or in any way use date data:

  4. Tex. Civil Practice & Remedies Code Sec. 147.004. APPLICABILITY. This chapter does not apply to an action:

  5. Tex. Civil Practice & Remedies Code Sec. 147.005. DUTY OR ACTION NOT CREATED.

  6. Tex. Civil Practice & Remedies Code Sec. 147.006. IMMUNITY NOT AFFECTED. This chapter does not expand or limit the immunity of a person under any other law or statute providing immunity.

  7. Tex. Civil Practice & Remedies Code Sec. 147.007. INSURANCE COVERAGE NOT AFFECTED. This chapter does not affect the coverage or benefits of parties under a contract of insurance.

  8. Tex. Civil Practice & Remedies Code Sec. 147.008. SOVEREIGN IMMUNITY NOT WAIVED. This chapter does not waive any immunity of the state or of a political subdivision of the state or any employee or officer thereof.

  9. Tex. Civil Practice & Remedies Code Sec. 147.009. MANUFACTURER'S DUTY TO INDEMNIFY. This chapter does not relieve a manufacturer from the obligation, if any, to indemnify a seller for losses arising out of a product liability action for property damage under Section 82.002, subject to any defenses the manufacturer could have asserted at the time the action was filed.

  10. Tex. Civil Practice & Remedies Code Sec. 147.041. LIMITATIONS PERIOD.

  11. Tex. Civil Practice & Remedies Code Sec. 147.042. REPOSE.

  12. Tex. Civil Practice & Remedies Code Sec. 147.043. DISABILITY. Section 16.001 applies to the periods of limitation and repose established by this subchapter.

  13. Tex. Civil Practice & Remedies Code Sec. 147.044. NOTICE.

  14. Tex. Civil Practice & Remedies Code Sec. 147.045. NOTICE STAYS PROCEEDINGS. All proceedings in the action are stayed for 60 days following the date the defendant received the notice under Section 147.044.

  15. Tex. Civil Practice & Remedies Code Sec. 147.046. FAILURE TO GIVE NOTICE.

  16. Tex. Civil Practice & Remedies Code Sec. 147.047. INSPECTION.

  17. Tex. Civil Practice & Remedies Code Sec. 147.048. OFFER TO SETTLE.

  18. Tex. Civil Practice & Remedies Code Sec. 147.081. AFFIRMATIVE DEFENSE: NOTICE TO CURE OR CORRECT.

  19. Tex. Civil Practice & Remedies Code Sec. 147.082. NOTICE.

  20. Tex. Civil Practice & Remedies Code Sec. 147.083. NOTICE ON YEAR 2000 PROJECT OFFICE WEBSITE.

  21. Tex. Civil Practice & Remedies Code Sec. 147.084. AFFIRMATIVE DEFENSE: RELIANCE.

  22. Tex. Civil Practice & Remedies Code Sec. 147.085. ADMISSIBILITY OF STATEMENT RELATING TO COMPUTER DATE FAILURE.

  23. Tex. Civil Practice & Remedies Code Sec. 147.121. DAMAGE LIMITATIONS APPLY ONLY IF DEFENDANT SHOWS GOOD FAITH EFFORT TO CURE OR CORRECT. The limitations on the recovery of damages established by Section 147.122 apply to a claimant only if the defendant can show a good faith effort to cure, correct, avoid, or mitigate the claimant's possible computer date failure problem.

  24. Tex. Civil Practice & Remedies Code Sec. 147.122. DAMAGES NOT RECOVERABLE.

  25. Tex. Civil Practice & Remedies Code Sec. 147.123. MITIGATION OF DAMAGES.

Chapter 148

  1. Tex. Civil Practice & Remedies Code Sec. 148.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 148.002. PRODUCTS LIABILITY ACTIONS RELATED TO PANDEMIC EMERGENCY.

  3. Tex. Civil Practice & Remedies Code Sec. 148.003. LIABILITY FOR CAUSING EXPOSURE TO PANDEMIC DISEASE.

  4. Tex. Civil Practice & Remedies Code Sec. 148.004. LIABILITY OF EDUCATIONAL INSTITUTIONS FOR CERTAIN ACTIONS DURING PANDEMIC EMERGENCY.

  5. Tex. Civil Practice & Remedies Code Sec. 148.005. NO CIVIL CAUSE OF ACTION. This chapter does not create a civil cause of action.

Chapter 149

  1. Tex. Civil Practice & Remedies Code Sec. 149.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 149.002. APPLICABILITY.

  3. Tex. Civil Practice & Remedies Code Sec. 149.003. LIMITATIONS ON SUCCESSOR ASBESTOS-RELATED LIABILITIES.

  4. Tex. Civil Practice & Remedies Code Sec. 149.004. ESTABLISHING FAIR MARKET VALUE OF TOTAL GROSS ASSETS.

  5. Tex. Civil Practice & Remedies Code Sec. 149.005. ADJUSTMENT.

  6. Tex. Civil Practice & Remedies Code Sec. 149.006. SCOPE OF CHAPTER. The courts in this state shall apply, to the fullest extent permissible under the United States Constitution, this state's substantive law, including the limitation under this chapter, to the issue of successor asbestos-related liabilities.

Chapter 150

  1. Tex. Civil Practice & Remedies Code Sec. 150.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 150.002. CERTIFICATE OF MERIT.

  3. Tex. Civil Practice & Remedies Code Sec. 150.003. LIABILITY FOR SERVICES RENDERED DURING DISASTER.

  4. Tex. Civil Practice & Remedies Code Sec. 150.004. LIABILITY FOR SERVICES RENDERED BY CERTIFIED MUNICIPAL INSPECTOR DURING EMERGENCY OR DISASTER.

Chapter 151

  1. Tex. Civil Practice & Remedies Code Sec. 151.001. REFERRAL BY AGREEMENT. On agreement of the parties, in civil or family law matters pending in a district court, a statutory probate court, a statutory county court, or the business court, the judge in whose court the case is pending may order referral of the case as provided by this chapter and shall stay proceedings in the judge's court pending the outcome of the trial. Any or all of the issues in the cases, whether an issue of fact or law, may be referred.

  2. Tex. Civil Practice & Remedies Code Sec. 151.002. MOTION FOR REFERRAL. Each party to the action must file in the court in which the case is filed a motion that:

  3. Tex. Civil Practice & Remedies Code Sec. 151.003. QUALIFICATIONS OF JUDGE. The special judge must be a retired or former district court, statutory county court, statutory probate court, business court, or appellate court judge who:

  4. Tex. Civil Practice & Remedies Code Sec. 151.004. REFERRAL ORDER ENTERED. An order of referral must specify the issue referred and the name of the special judge. An order of referral may designate the time and place for trial and the time for filing of the special judge's report. The clerk of the court shall send a copy of the order to the special judge.

  5. Tex. Civil Practice & Remedies Code Sec. 151.005. PROCEDURE. Rules and statutes relating to procedure and evidence in the referring judge's court apply to a trial under this chapter.

  6. Tex. Civil Practice & Remedies Code Sec. 151.006. POWERS OF SPECIAL JUDGE.

  7. Tex. Civil Practice & Remedies Code Sec. 151.007. REPRESENTATION BY ATTORNEY. A party has the right to be represented by an attorney at the trial held as provided by this chapter.

  8. Tex. Civil Practice & Remedies Code Sec. 151.008. COURT REPORTER REQUIRED. To maintain a record of the proceedings at the hearing, the special judge shall provide a court reporter who meets the qualifications prescribed by law for court reporters in the referring judge's court.

  9. Tex. Civil Practice & Remedies Code Sec. 151.009. FEES AND COSTS.

  10. Tex. Civil Practice & Remedies Code Sec. 151.010. RESTRICTIONS. Unless otherwise ordered by the referring judge, a trial under this chapter may not be held in a public courtroom, and a public employee may not be involved in the trial during regular working hours.

  11. Tex. Civil Practice & Remedies Code Sec. 151.011. SPECIAL JUDGE'S VERDICT. The special judge's verdict must comply with the requirements for a verdict by the referring court, including any applicable requirements for the issuance of a written opinion. The verdict stands as a verdict of the referring judge's court. Unless otherwise specified in an order of referral, the special judge shall submit the verdict not later than the 60th day after the day the trial adjourns.

  12. Tex. Civil Practice & Remedies Code Sec. 151.012. NEW TRIAL. If the special judge does not submit the verdict and any applicable written opinion within the time period provided by Section 151.011, the court may grant a new trial if:

  13. Tex. Civil Practice & Remedies Code Sec. 151.013. RIGHT TO APPEAL. The right to appeal is preserved. An appeal is from the order of the referring judge's court as provided by applicable law, including the Texas Rules of Civil Procedure and the Texas Rules of Appellate Procedure.

Chapter 152

  1. Tex. Civil Practice & Remedies Code Sec. 152.001. DEFINITION. In this chapter, "alternative dispute resolution system" means an informal forum in which mediation, conciliation, or arbitration is used to resolve disputes among individuals, entities, and units of government, including those having an ongoing relationship such as relatives, neighbors, landlords and tenants, employees and employers, and merchants and consumers.

  2. Tex. Civil Practice & Remedies Code Sec. 152.002. ESTABLISHMENT.

  3. Tex. Civil Practice & Remedies Code Sec. 152.003. REFERRAL OF CASES.

  4. Tex. Civil Practice & Remedies Code Sec. 152.006. FEE FOR ALTERNATIVE DISPUTE RESOLUTION CENTERS. An entity described by Section 152.002(a) or (b)(1) that provides services for the resolution of disputes may collect a reasonable fee set by the commissioners court.

  5. Tex. Civil Practice & Remedies Code Sec. 152.007. PARTICIPANT FEE FOR CRIMINAL DISPUTE RESOLUTION.

Chapter 154

  1. Tex. Civil Practice & Remedies Code Sec. 154.001. DEFINITIONS. In this chapter:

  2. Tex. Civil Practice & Remedies Code Sec. 154.002. POLICY. It is the policy of this state to encourage the peaceable resolution of disputes, with special consideration given to disputes involving the parent-child relationship, including the mediation of issues involving conservatorship, possession, and support of children, and the early settlement of pending litigation through voluntary settlement procedures.

  3. Tex. Civil Practice & Remedies Code Sec. 154.003. RESPONSIBILITY OF COURTS AND COURT ADMINISTRATORS. It is the responsibility of all trial and appellate courts and their court administrators to carry out the policy under Section 154.002.

  4. Tex. Civil Practice & Remedies Code Sec. 154.021. REFERRAL OF PENDING DISPUTES FOR ALTERNATIVE DISPUTE RESOLUTION PROCEDURE.

  5. Tex. Civil Practice & Remedies Code Sec. 154.022. NOTIFICATION AND OBJECTION.

  6. Tex. Civil Practice & Remedies Code Sec. 154.023. MEDIATION.

  7. Tex. Civil Practice & Remedies Code Sec. 154.024. MINI-TRIAL.

  8. Tex. Civil Practice & Remedies Code Sec. 154.025. MODERATED SETTLEMENT CONFERENCE.

  9. Tex. Civil Practice & Remedies Code Sec. 154.026. SUMMARY JURY TRIAL.

  10. Tex. Civil Practice & Remedies Code Sec. 154.027. ARBITRATION.

  11. Tex. Civil Practice & Remedies Code Sec. 154.028. MEDIATION FOLLOWING APPLICATION FOR EXPEDITED FORECLOSURE.

  12. Tex. Civil Practice & Remedies Code Sec. 154.051. APPOINTMENT OF IMPARTIAL THIRD PARTIES.

  13. Tex. Civil Practice & Remedies Code Sec. 154.052. QUALIFICATIONS OF IMPARTIAL THIRD PARTY.

  14. Tex. Civil Practice & Remedies Code Sec. 154.053. STANDARDS AND DUTIES OF IMPARTIAL THIRD PARTIES.

  15. Tex. Civil Practice & Remedies Code Sec. 154.054. COMPENSATION OF IMPARTIAL THIRD PARTIES.

  16. Tex. Civil Practice & Remedies Code Sec. 154.055. QUALIFIED IMMUNITY OF IMPARTIAL THIRD PARTIES.

  17. Tex. Civil Practice & Remedies Code Sec. 154.071. EFFECT OF WRITTEN SETTLEMENT AGREEMENT.

  18. Tex. Civil Practice & Remedies Code Sec. 154.072. STATISTICAL INFORMATION ON DISPUTES REFERRED. The Texas Supreme Court shall determine the need and method for statistical reporting of disputes referred by the courts to alternative dispute resolution procedures.

  19. Tex. Civil Practice & Remedies Code Sec. 154.073. CONFIDENTIALITY OF CERTAIN RECORDS AND COMMUNICATIONS.

Chapter 155

  1. Tex. Civil Practice & Remedies Code Sec. 155.001. SETTLEMENT WEEKS REQUIRED. In every county with a population of 150,000 or greater there shall be a settlement week during law week and judicial conference week each year or during any other two weeks as the administrative judge of each judicial district may designate. During these weeks the district courts, constitutional and statutory county courts, and the family law courts will facilitate the voluntary settlement of civil and family law cases.

  2. Tex. Civil Practice & Remedies Code Sec. 155.002. SETTLEMENT WEEK COMMITTEE. The administrative judge of each judicial district shall appoint a committee of attorneys and lay persons to effectuate each settlement week. The committee may include the director of any established mediation or alternative dispute resolution center in the county and the chairperson of the local bar association's committee on alternative dispute resolution.

  3. Tex. Civil Practice & Remedies Code Sec. 155.003. ATTORNEY TO SERVE AS MEDIATOR. Any attorney currently licensed in the state may serve as mediator during the settlement weeks under such terms and conditions and with such training as may be determined by the administrative judge of the judicial district. Any such attorney so appointed by the court must meet the qualifications and will be governed by the rules of conduct set forth in Sections 154.052 and 154.053. Any attorney so requested by the administrative judge of the judicial district shall serve as a mediator during the settlement weeks.

  4. Tex. Civil Practice & Remedies Code Sec. 155.004. APPLICATION OF CERTAIN ALTERNATE DISPUTE RESOLUTION PROCEDURES. The provisions of Sections 154.021 through 154.023, 154.053, 154.054, and 154.071 through 154.073 shall apply to parties and mediators participating in settlement weeks held under this chapter.

  5. Tex. Civil Practice & Remedies Code Sec. 155.005. AUTHORITY OF COURT. Each court participating in settlement weeks under this chapter shall have the authority to make orders needed, consistent with existing law, to implement settlement weeks and ensure any party's good faith participation.

  6. Tex. Civil Practice & Remedies Code Sec. 155.006. FUNDING; COOPERATION WITH OTHER ORGANIZATIONS. The administrative judge may use any available funding from funds regularly used for court administration to carry out the purpose and intent of this chapter. The administrative judge shall cooperate with the director of any established mediation or alternative dispute resolution center, the local bar, and other organizations to encourage participation and to develop public awareness of settlement weeks.

Chapter 171

  1. Tex. Civil Practice & Remedies Code Sec. 171.001. ARBITRATION AGREEMENTS VALID.

  2. Tex. Civil Practice & Remedies Code Sec. 171.002. SCOPE OF CHAPTER.

  3. Tex. Civil Practice & Remedies Code Sec. 171.003. UNIFORM INTERPRETATION. This chapter shall be construed to effect its purpose and make uniform the construction of other states' law applicable to an arbitration.

  4. Tex. Civil Practice & Remedies Code Sec. 171.021. PROCEEDING TO COMPEL ARBITRATION.

  5. Tex. Civil Practice & Remedies Code Sec. 171.022. UNCONSCIONABLE AGREEMENTS UNENFORCEABLE. A court may not enforce an agreement to arbitrate if the court finds the agreement was unconscionable at the time the agreement was made.

  6. Tex. Civil Practice & Remedies Code Sec. 171.023. PROCEEDING TO STAY ARBITRATION.

  7. Tex. Civil Practice & Remedies Code Sec. 171.024. PLACE FOR MAKING APPLICATION.

  8. Tex. Civil Practice & Remedies Code Sec. 171.025. STAY OF RELATED PROCEEDING.

  9. Tex. Civil Practice & Remedies Code Sec. 171.026. VALIDITY OF UNDERLYING CLAIM. A court may not refuse to order arbitration because:

  10. Tex. Civil Practice & Remedies Code Sec. 171.041. APPOINTMENT OF ARBITRATORS.

  11. Tex. Civil Practice & Remedies Code Sec. 171.042. MAJORITY ACTION BY ARBITRATORS. The powers of the arbitrators are exercised by a majority unless otherwise provided by the agreement to arbitrate or this chapter.

  12. Tex. Civil Practice & Remedies Code Sec. 171.043. HEARING CONDUCTED BY ARBITRATORS.

  13. Tex. Civil Practice & Remedies Code Sec. 171.044. TIME AND PLACE OF HEARING; NOTICE.

  14. Tex. Civil Practice & Remedies Code Sec. 171.045. ADJOURNMENT OR POSTPONEMENT. Unless otherwise provided by the agreement to arbitrate, the arbitrators may:

  15. Tex. Civil Practice & Remedies Code Sec. 171.046. FAILURE OF PARTY TO APPEAR. Unless otherwise provided by the agreement to arbitrate, the arbitrators may hear and determine the controversy on the evidence produced without regard to whether a party who has been notified as provided by Section 171.044 fails to appear.

  16. Tex. Civil Practice & Remedies Code Sec. 171.047. RIGHTS OF PARTY AT HEARING. Unless otherwise provided by the agreement to arbitrate, a party at the hearing is entitled to:

  17. Tex. Civil Practice & Remedies Code Sec. 171.048. REPRESENTATION BY ATTORNEY; FEES.

  18. Tex. Civil Practice & Remedies Code Sec. 171.049. OATH. The arbitrators, or an arbitrator at the direction of the arbitrators, may administer to each witness testifying before them the oath required of a witness in a civil action pending in a district court.

  19. Tex. Civil Practice & Remedies Code Sec. 171.050. DEPOSITIONS.

  20. Tex. Civil Practice & Remedies Code Sec. 171.051. SUBPOENAS.

  21. Tex. Civil Practice & Remedies Code Sec. 171.052. WITNESS FEE. The fee for a witness attending a hearing or a deposition under this subchapter is the same as the fee for a witness in a civil action in a district court.

  22. Tex. Civil Practice & Remedies Code Sec. 171.053. ARBITRATORS' AWARD.

  23. Tex. Civil Practice & Remedies Code Sec. 171.054. MODIFICATION OR CORRECTION TO AWARD.

  24. Tex. Civil Practice & Remedies Code Sec. 171.055. ARBITRATOR'S FEES AND EXPENSES. Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, with other expenses incurred in conducting the arbitration, shall be paid as provided in the award.

  25. Tex. Civil Practice & Remedies Code Sec. 171.081. JURISDICTION. The making of an agreement described by Section 171.001 that provides for or authorizes an arbitration in this state and to which that section applies confers jurisdiction on the court to enforce the agreement and to render judgment on an award under this chapter.

  26. Tex. Civil Practice & Remedies Code Sec. 171.082. APPLICATION TO COURT; FEES.

  27. Tex. Civil Practice & Remedies Code Sec. 171.083. TIME FOR FILING. An applicant for a court order under this chapter may file the application:

  28. Tex. Civil Practice & Remedies Code Sec. 171.084. STAY OF CERTAIN PROCEEDINGS.

  29. Tex. Civil Practice & Remedies Code Sec. 171.085. CONTENTS OF APPLICATION.

  30. Tex. Civil Practice & Remedies Code Sec. 171.086. ORDERS THAT MAY BE RENDERED.

  31. Tex. Civil Practice & Remedies Code Sec. 171.087. CONFIRMATION OF AWARD. Unless grounds are offered for vacating, modifying, or correcting an award under Section 171.088 or 171.091, the court, on application of a party, shall confirm the award.

  32. Tex. Civil Practice & Remedies Code Sec. 171.088. VACATING AWARD.

  33. Tex. Civil Practice & Remedies Code Sec. 171.089. REHEARING AFTER AWARD VACATED.

  34. Tex. Civil Practice & Remedies Code Sec. 171.090. TYPE OF RELIEF NOT FACTOR. The fact that the relief granted by the arbitrators could not or would not be granted by a court of law or equity is not a ground for vacating or refusing to confirm the award.

  35. Tex. Civil Practice & Remedies Code Sec. 171.091. MODIFYING OR CORRECTING AWARD.

  36. Tex. Civil Practice & Remedies Code Sec. 171.092. JUDGMENT ON AWARD.

  37. Tex. Civil Practice & Remedies Code Sec. 171.093. HEARING; NOTICE. The court shall hear each initial and subsequent application under this subchapter in the manner and with the notice required by law or court rule for making and hearing a motion filed in a pending civil action in a district court or the business court, as applicable.

  38. Tex. Civil Practice & Remedies Code Sec. 171.094. SERVICE OF PROCESS FOR INITIAL APPLICATION.

  39. Tex. Civil Practice & Remedies Code Sec. 171.095. SERVICE OF PROCESS FOR SUBSEQUENT APPLICATIONS.

  40. Tex. Civil Practice & Remedies Code Sec. 171.096. PLACE OF FILING.

  41. Tex. Civil Practice & Remedies Code Sec. 171.097. TRANSFER.

  42. Tex. Civil Practice & Remedies Code Sec. 171.098. APPEAL.

Chapter 172

  1. Tex. Civil Practice & Remedies Code Sec. 172.001. SCOPE OF CHAPTER.

  2. Tex. Civil Practice & Remedies Code Sec. 172.002. DEFINITIONS.

  3. Tex. Civil Practice & Remedies Code Sec. 172.003. INTERNATIONAL AGREEMENT.

  4. Tex. Civil Practice & Remedies Code Sec. 172.004. COMMERCIAL AGREEMENT. An arbitration or conciliation agreement is commercial if it arises out of a relationship of a commercial nature, including:

  5. Tex. Civil Practice & Remedies Code Sec. 172.005. DATE WRITTEN COMMUNICATIONS RECEIVED.

  6. Tex. Civil Practice & Remedies Code Sec. 172.006. WAIVER OF RIGHT TO OBJECT.

  7. Tex. Civil Practice & Remedies Code Sec. 172.007. DELEGATION OF CERTAIN DETERMINATIONS. The parties may authorize a third party, including an institution, to determine any issue the parties may determine under this chapter, other than a determination under Section 172.102.

  8. Tex. Civil Practice & Remedies Code Sec. 172.031. ARBITRATION AGREEMENTS VALID.

  9. Tex. Civil Practice & Remedies Code Sec. 172.032. REQUIREMENTS FOR ARBITRATION AGREEMENT.

  10. Tex. Civil Practice & Remedies Code Sec. 172.033. RULES REFERRED TO IN AGREEMENT. An agreement of the parties under this chapter includes any arbitration or conciliation rules referred to by that agreement.

  11. Tex. Civil Practice & Remedies Code Sec. 172.051. NUMBER OF ARBITRATORS. An arbitration has one arbitrator unless the parties agree to additional arbitrators.

  12. Tex. Civil Practice & Remedies Code Sec. 172.052. NATIONALITY OF ARBITRATOR. A person of any nationality may be an arbitrator.

  13. Tex. Civil Practice & Remedies Code Sec. 172.053. APPOINTMENT OF ARBITRATION TRIBUNAL.

  14. Tex. Civil Practice & Remedies Code Sec. 172.054. APPOINTMENT BY COURT.

  15. Tex. Civil Practice & Remedies Code Sec. 172.055. FACTORS CONSIDERED. In appointing an arbitrator, the court shall consider:

  16. Tex. Civil Practice & Remedies Code Sec. 172.056. DISCLOSURE OF GROUNDS FOR CHALLENGE.

  17. Tex. Civil Practice & Remedies Code Sec. 172.057. GROUNDS FOR CHALLENGE; LIMITATION. Except as provided by agreement of the parties or the rules governing the arbitration, a party may challenge an arbitrator only if circumstances exist that give rise to justifiable doubts as to the arbitrator's impartiality, independence, or possession of a qualification on which the parties have agreed.

  18. Tex. Civil Practice & Remedies Code Sec. 172.058. CHALLENGE AFTER APPOINTMENT. A party who appointed or participated in the appointment of an arbitrator may challenge that arbitrator only for a reason that the party becomes aware of after the appointment is made.

  19. Tex. Civil Practice & Remedies Code Sec. 172.059. CHALLENGE PROCEDURE.

  20. Tex. Civil Practice & Remedies Code Sec. 172.060. APPEAL OF UNSUCCESSFUL CHALLENGE.

  21. Tex. Civil Practice & Remedies Code Sec. 172.061. FAILURE OR IMPOSSIBILITY TO ACT.

  22. Tex. Civil Practice & Remedies Code Sec. 172.062. TERMINATION OF MANDATE. The mandate of an arbitrator terminates:

  23. Tex. Civil Practice & Remedies Code Sec. 172.063. SUBSTITUTION OF ARBITRATOR.

  24. Tex. Civil Practice & Remedies Code Sec. 172.064. WITHDRAWAL OF ARBITRATOR. The withdrawal of an arbitrator from office or the agreement of a party to the termination of the mandate of an arbitrator under Section 172.059(c) or Section 172.061 does not imply acceptance of the validity of a ground referred to in Section 172.057, 172.058, or 172.061.

  25. Tex. Civil Practice & Remedies Code Sec. 172.081. DECISION OF ARBITRATION TRIBUNAL.

  26. Tex. Civil Practice & Remedies Code Sec. 172.082. DETERMINATION OF JURISDICTION OF ARBITRATION TRIBUNAL.

  27. Tex. Civil Practice & Remedies Code Sec. 172.083. INTERIM MEASURES ORDERED BY ARBITRATION TRIBUNAL.

  28. Tex. Civil Practice & Remedies Code Sec. 172.101. EQUAL TREATMENT OF PARTIES. The arbitration tribunal shall:

  29. Tex. Civil Practice & Remedies Code Sec. 172.102. SUBSTANTIVE RULES.

  30. Tex. Civil Practice & Remedies Code Sec. 172.103. RULES OF PROCEDURE.

  31. Tex. Civil Practice & Remedies Code Sec. 172.104. RULES OF EVIDENCE. The power of the arbitration tribunal under Section 172.103(b) includes the power to determine the admissibility, relevance, materiality, and weight of any evidence.

  32. Tex. Civil Practice & Remedies Code Sec. 172.105. SUBPOENA.

  33. Tex. Civil Practice & Remedies Code Sec. 172.106. PLACE OF ARBITRATION.

  34. Tex. Civil Practice & Remedies Code Sec. 172.107. COMMENCEMENT OF ARBITRATION. Except as agreed by the parties, the arbitration begins on the date a request for the dispute to be referred to arbitration is received by the respondent.

  35. Tex. Civil Practice & Remedies Code Sec. 172.108. LANGUAGE.

  36. Tex. Civil Practice & Remedies Code Sec. 172.109. STATEMENT OF CLAIM OR DEFENSE.

  37. Tex. Civil Practice & Remedies Code Sec. 172.110. SUPPLEMENT OR AMENDMENT TO STATEMENT. A party may amend or supplement a claim or defense during the arbitration unless:

  38. Tex. Civil Practice & Remedies Code Sec. 172.111. HEARINGS.

  39. Tex. Civil Practice & Remedies Code Sec. 172.112. HEARING OR MEETING IN CAMERA. Except as agreed by the parties, the arbitration tribunal shall hold in camera:

  40. Tex. Civil Practice & Remedies Code Sec. 172.113. WRITTEN INFORMATION.

  41. Tex. Civil Practice & Remedies Code Sec. 172.114. DEFAULT OF PARTY.

  42. Tex. Civil Practice & Remedies Code Sec. 172.115. AWARD AFTER PARTY FAILS TO APPEAR OR PRODUCE EVIDENCE. Except as agreed by the parties, if a party without showing sufficient cause fails to appear at an oral hearing or to produce documentary evidence, the arbitration tribunal may continue the arbitration and make the arbitration award based on the evidence before it.

  43. Tex. Civil Practice & Remedies Code Sec. 172.116. APPOINTED EXPERT.

  44. Tex. Civil Practice & Remedies Code Sec. 172.117. SETTLEMENT.

  45. Tex. Civil Practice & Remedies Code Sec. 172.118. TERMINATION OF PROCEEDINGS.

  46. Tex. Civil Practice & Remedies Code Sec. 172.141. FORM AND CONTENT OF ARBITRATION AWARD.

  47. Tex. Civil Practice & Remedies Code Sec. 172.142. DELIVERY OF AWARD. After the arbitration award is made, a signed copy shall be delivered to each party.

  48. Tex. Civil Practice & Remedies Code Sec. 172.143. INTERIM AWARD.

  49. Tex. Civil Practice & Remedies Code Sec. 172.144. INTEREST. Except as agreed by the parties, the arbitration tribunal may award interest.

  50. Tex. Civil Practice & Remedies Code Sec. 172.145. COSTS.

  51. Tex. Civil Practice & Remedies Code Sec. 172.146. AWARD ON AGREED TERMS.

  52. Tex. Civil Practice & Remedies Code Sec. 172.147. CORRECTION AND INTERPRETATION OF AWARDS.

  53. Tex. Civil Practice & Remedies Code Sec. 172.148. ADDITIONAL AWARD.

  54. Tex. Civil Practice & Remedies Code Sec. 172.149. EXTENSION OF TIME. The arbitration tribunal may, if necessary, extend the period within which it may make a correction, give an interpretation, or make an additional award under Section 172.147 or 172.148.

  55. Tex. Civil Practice & Remedies Code Sec. 172.150. APPLICABLE LAW. Sections 172.141, 172.142, 172.144, and 172.145 apply to:

  56. Tex. Civil Practice & Remedies Code Sec. 172.171. ROLE OF COURT. A court may not intervene in a matter governed by this chapter except as provided by this chapter or federal law.

  57. Tex. Civil Practice & Remedies Code Sec. 172.172. ASSISTANCE IN TAKING EVIDENCE. The arbitration tribunal or a party with the approval of the tribunal may request assistance from a district court or the business court in taking evidence, and the court may provide the assistance according to its rules on taking evidence. The tribunal or a party shall select the court in the manner provided by Section 171.096.

  58. Tex. Civil Practice & Remedies Code Sec. 172.173. CONSOLIDATION.

  59. Tex. Civil Practice & Remedies Code Sec. 172.174. STAY OF COURT PROCEEDINGS.

  60. Tex. Civil Practice & Remedies Code Sec. 172.175. INTERIM ORDERS.

  61. Tex. Civil Practice & Remedies Code Sec. 172.201. POLICY. It is the policy of this state to encourage parties to an international commercial agreement or transaction that qualifies for arbitration or conciliation under this chapter to resolve disputes arising from those agreements or transactions through conciliation.

  62. Tex. Civil Practice & Remedies Code Sec. 172.202. APPOINTMENT OF CONCILIATOR. The parties to an agreement or transaction may select or permit an arbitration tribunal or other third party to select one or more persons to serve as the conciliator or conciliators to assist the parties in an independent and impartial manner to reach an amicable settlement of the dispute.

  63. Tex. Civil Practice & Remedies Code Sec. 172.203. CONDUCT OF CONCILIATION.

  64. Tex. Civil Practice & Remedies Code Sec. 172.204. REPRESENTATION AND ASSISTANCE. In a conciliation proceeding, each party may appear in person or be represented or assisted by a person of the party's choice.

  65. Tex. Civil Practice & Remedies Code Sec. 172.205. DRAFT CONCILIATION SETTLEMENT.

  66. Tex. Civil Practice & Remedies Code Sec. 172.206. CONFIDENTIALITY.

  67. Tex. Civil Practice & Remedies Code Sec. 172.207. STAY OF ARBITRATION AND RESORT TO OTHER PROCEEDINGS.

  68. Tex. Civil Practice & Remedies Code Sec. 172.208. TERMINATION OF CONCILIATION.

  69. Tex. Civil Practice & Remedies Code Sec. 172.209. CONFLICT OF INTEREST. Except as provided by rules adopted for the conciliation or arbitration, a person who has served as conciliator may not be appointed as an arbitrator for or take part in an arbitration or judicial proceeding in the same dispute unless each party consents to the participation.

  70. Tex. Civil Practice & Remedies Code Sec. 172.210. PARTICIPATION NOT WAIVER OF RIGHTS.

  71. Tex. Civil Practice & Remedies Code Sec. 172.211. ENFORCEABILITY. A conciliation agreement has the same force and effect as a final arbitration award if the agreement:

  72. Tex. Civil Practice & Remedies Code Sec. 172.212. COSTS.

  73. Tex. Civil Practice & Remedies Code Sec. 172.213. NO CONSENT TO JURISDICTION. A request for conciliation, a consent to participate or participation in the conciliation, or the entering into a conciliation agreement or settlement is not consent to the jurisdiction of a court in this state if conciliation fails.

  74. Tex. Civil Practice & Remedies Code Sec. 172.214. NOT SUBJECT TO SERVICE OF PROCESS. A conciliator, party, or representative of a conciliator or party, while present in this state to arrange for or participate in conciliation under this chapter, is not subject to service of process in a civil matter related to the conciliation.

  75. Tex. Civil Practice & Remedies Code Sec. 172.215. CONCILIATOR IMMUNE. A conciliator is not liable in an action for damages resulting from an act or omission in the performance of the person's role as a conciliator in a proceeding subject to this chapter.

Chapter 173

  1. Tex. Civil Practice & Remedies Code Sec. 173.001. PURPOSE. The purpose of this chapter is to abrogate the common law arbitration rule prohibiting specific enforcement of executory arbitration agreements.

  2. Tex. Civil Practice & Remedies Code Sec. 173.002. SCOPE OF CHAPTER.

  3. Tex. Civil Practice & Remedies Code Sec. 173.003. AGREEMENT OR BYLAW PROVISION VALID.

  4. Tex. Civil Practice & Remedies Code Sec. 173.004. COMMON LAW PRESERVED. This chapter is cumulative of other law relating to common law arbitration. Except as specifically provided by this chapter, this chapter does not abrogate or repeal that other law.

Education

Chapter 1

  1. Tex. Education Code Sec. 1.001. APPLICABILITY.

  2. Tex. Education Code Sec. 1.002. EQUAL EDUCATIONAL SERVICES OR OPPORTUNITIES.

  3. Tex. Education Code Sec. 1.003. THE FLYING OF THE UNITED STATES AND TEXAS FLAGS. On all regular school days, every school and other educational institution to which this code applies shall fly the United States and Texas flags.

  4. Tex. Education Code Sec. 1.004. DISPLAY OF NATIONAL MOTTO.

  5. Tex. Education Code Sec. 1.0041. DISPLAY OF TEN COMMANDMENTS.

  6. Tex. Education Code Sec. 1.005. EDUCATION RESEARCH CENTERS.

  7. Tex. Education Code Sec. 1.006. EDUCATION RESEARCH CENTER ADVISORY BOARD.

  8. Tex. Education Code Sec. 1.007. COMPLIANCE WITH MANDATORY POLICY.

  9. Tex. Education Code Sec. 1.009. INFRINGEMENT OF PARENTAL RIGHTS PROHIBITED. The fundamental rights granted to parents by their Creator and upheld by the United States Constitution, the Texas Constitution, and the laws of this state, including the right to direct the moral and religious training of the parent's child, make decisions concerning the child's education, and consent to medical, psychiatric, and psychological treatment of the parent's child under Section 151.001, Family Code, may not be infringed on by any public elementary or secondary school or state governmental entity, including the state or a political subdivision of the state, unless the infringement is:

  10. Tex. Education Code Sec. 1.010. PROHIBITION ON REGULATION OF HOME SCHOOLS. The Texas Education Agency, the State Board of Education, or any other educational institution described by Section 1.001(a) may not adopt a rule or policy that regulates an educational program of a home school.

Chapter 4

  1. Tex. Education Code Sec. 4.001. PUBLIC EDUCATION MISSION AND OBJECTIVES.

  2. Tex. Education Code Sec. 4.002. PUBLIC EDUCATION ACADEMIC GOALS. To serve as a foundation for a well-balanced and appropriate education:

Chapter 5

  1. Tex. Education Code Sec. 5.001. DEFINITIONS. In this title:

  2. Tex. Education Code Sec. 5.002. REFERENCES TO TEXTBOOK. In this title, a reference to a textbook means instructional material, as defined by Section 31.002.

  3. Tex. Education Code Sec. 5.003. APPEAL. If an order, decision, or determination is described as final in Chapter 7, 11, 12, 39, or 39A, an interlocutory or intermediate order, decision, report, or determination made or reached before the final order, decision, or determination may be appealed only as specifically authorized by this code or a rule adopted under this code.

Chapter 7

  1. Tex. Education Code Sec. 7.001. DEFINITION. In this chapter, "board" means the State Board of Education.

  2. Tex. Education Code Sec. 7.002. TEXAS EDUCATION AGENCY: COMPOSITION AND PURPOSE.

  3. Tex. Education Code Sec. 7.003. LIMITATION ON AUTHORITY. An educational function not specifically delegated to the agency or the board under this code is reserved to and shall be performed by school districts or open-enrollment charter schools.

  4. Tex. Education Code Sec. 7.004. SUNSET PROVISION.

  5. Tex. Education Code Sec. 7.005. COOPERATION BETWEEN STATE AGENCIES OF EDUCATION. The State Board of Education and the Texas Higher Education Coordinating Board, in conjunction with other appropriate agencies, shall ensure that long-range plans and educational programs established by each board provide a comprehensive education for the students of this state under the jurisdiction of that board, extending from early childhood education through postgraduate study. In assuring that programs are coordinated, the boards shall use the P-16 Council established under Section 61.076.

  6. Tex. Education Code Sec. 7.006. COORDINATION OF RECORDS. The commissioner of education and the commissioner of higher education shall ensure that records relating to student performance held by the Texas Education Agency and the Texas Higher Education Coordinating Board are coordinated and maintained in standardized, compatible formats that permit:

  7. Tex. Education Code Sec. 7.008. PUBLIC ACCESS TO PEIMS DATA.

  8. Tex. Education Code Sec. 7.010. ELECTRONIC STUDENT RECORDS SYSTEM.

  9. Tex. Education Code Sec. 7.012. MODEL DATA-SHARING AGREEMENTS. The agency, the Texas Higher Education Coordinating Board, and the Texas Workforce Commission jointly shall develop and make available the following model data-sharing agreements for sharing information subject to the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g) for purposes of system evaluation and improved support of students and workforce preparation participants:

  10. Tex. Education Code Sec. 7.021. TEXAS EDUCATION AGENCY POWERS AND DUTIES.

  11. Tex. Education Code Sec. 7.022. INTERNAL AUDIT. The auditor appointed by the commissioner under Section 7.055 shall coordinate the agency's efforts to evaluate and improve its internal operations.

  12. Tex. Education Code Sec. 7.023. AGENCY EMPLOYMENT POLICY. A decision of the agency relating to employment shall be made without regard to a person's race, color, disability, sex, religion, age, or national origin.

  13. Tex. Education Code Sec. 7.024. INVESTMENT CAPITAL FUND.

  14. Tex. Education Code Sec. 7.025. YMCA ACCOUNT. The YMCA account is a separate account in the general revenue fund. The account is composed of money deposited to the credit of the account under Section 502.299, Transportation Code, as added by Chapter 433, Acts of the 76th Legislature, Regular Session, 1999. The Texas Education Agency administers the account and may spend money credited to the account only to make grants to benefit the youth and government programs sponsored by the Young Men's Christian Associations located in Texas.

  15. Tex. Education Code Sec. 7.026. DONATIONS FOR USE RELATED TO CARDIOPULMONARY RESUSCITATION

  16. Tex. Education Code Sec. 7.027. TEXAS MUSIC FOUNDATION ACCOUNT.

  17. Tex. Education Code Sec. 7.028. LIMITATION ON COMPLIANCE MONITORING.

  18. Tex. Education Code Sec. 7.029. MEMORANDUM OF UNDERSTANDING REGARDING EXCHANGE OF INFORMATION FOR STUDENTS IN FOSTER CARE.

  19. Tex. Education Code Sec. 7.031. GRANTS.

  20. Tex. Education Code Sec. 7.037. REPORTING SCHEDULE.

  21. Tex. Education Code Sec. 7.040. POSTSECONDARY EDUCATION AND CAREER OPPORTUNITIES.

  22. Tex. Education Code Sec. 7.0405. POSTING OF POSTSECONDARY OUTCOMES.

  23. Tex. Education Code Sec. 7.043. STATEWIDE GOAL FOR CAREER READINESS.

  24. Tex. Education Code Sec. 7.051. SELECTION OF THE COMMISSIONER. The governor, with the advice and consent of the senate, shall appoint the commissioner of education.

  25. Tex. Education Code Sec. 7.052. TERM OF OFFICE. The commissioner serves a term of office of four years commensurate with the term of the governor.

  26. Tex. Education Code Sec. 7.053. REMOVAL FROM OFFICE. The governor, with the advice and consent of the senate, may remove the commissioner from office as provided by Section 9, Article XV, Texas Constitution.

  27. Tex. Education Code Sec. 7.054. QUALIFICATION. The commissioner must be a citizen of the United States.

  28. Tex. Education Code Sec. 7.055. COMMISSIONER OF EDUCATION POWERS AND DUTIES.

  29. Tex. Education Code Sec. 7.056. WAIVERS AND EXEMPTIONS.

  30. Tex. Education Code Sec. 7.0561. TEXAS HIGH PERFORMANCE SCHOOLS CONSORTIUM.

  31. Tex. Education Code Sec. 7.057. APPEALS.

  32. Tex. Education Code Sec. 7.059. MATHEMATICS HOMEWORK AND GRADING SERVICE.

  33. Tex. Education Code Sec. 7.060. REDUCING PAPERWORK.

  34. Tex. Education Code Sec. 7.061. FACILITIES STANDARDS.

  35. Tex. Education Code Sec. 7.0611. FACILITY USAGE REPORT.

  36. Tex. Education Code Sec. 7.062. SCIENCE LABORATORY GRANT PROGRAM.

  37. Tex. Education Code Sec. 7.063. PERSON FIRST RESPECTFUL LANGUAGE PROMOTION. The commissioner shall ensure that the agency uses the terms and phrases listed as preferred under the person first respectful language initiative in Chapter 392, Government Code, when proposing, adopting, or amending the agency's rules, reference materials, publications, and electronic media.

  38. Tex. Education Code Sec. 7.064. CAREER AND TECHNOLOGY CONSORTIUM.

  39. Tex. Education Code Sec. 7.065. TEACHING AND LEARNING CONDITIONS SURVEY.

  40. Tex. Education Code Sec. 7.070. COORDINATION OF DATA COLLECTION. The commissioner may enter into agreements with appropriate entities as necessary to provide for the collection of data regarding college, career, and military readiness of public school students, including data maintained by:

  41. Tex. Education Code Sec. 7.101. COMPOSITION.

  42. Tex. Education Code Sec. 7.102. STATE BOARD OF EDUCATION POWERS AND DUTIES.

  43. Tex. Education Code Sec. 7.103. ELIGIBILITY FOR MEMBERSHIP.

  44. Tex. Education Code Sec. 7.104. TERMS.

  45. Tex. Education Code Sec. 7.105. COMPENSATION AND REIMBURSEMENT.

  46. Tex. Education Code Sec. 7.1051. PERSONNEL.

  47. Tex. Education Code Sec. 7.106. MEETINGS.

  48. Tex. Education Code Sec. 7.107. OFFICERS.

  49. Tex. Education Code Sec. 7.108. PROHIBITION ON POLITICAL CONTRIBUTION OR ACTIVITY.

  50. Tex. Education Code Sec. 7.109. DESIGNATION AS STATE BOARD FOR CAREER AND TECHNOLOGY EDUCATION.

  51. Tex. Education Code Sec. 7.110. PUBLIC TESTIMONY. The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.

  52. Tex. Education Code Sec. 7.111. HIGH SCHOOL EQUIVALENCY EXAMINATIONS.

  53. Tex. Education Code Sec. 7.112. REPRESENTATION OF PUBLISHER OF INSTRUCTIONAL MATERIALS BY FORMER MEMBER OF BOARD.

  54. Tex. Education Code Sec. 7.113. EMPLOYERS FOR EDUCATION EXCELLENCE AWARD.

Chapter 8

  1. Tex. Education Code Sec. 8.001. ESTABLISHMENT.

  2. Tex. Education Code Sec. 8.002. PURPOSE. Regional education service centers shall:

  3. Tex. Education Code Sec. 8.003. GOVERNANCE.

  4. Tex. Education Code Sec. 8.004. EXECUTIVE DIRECTOR. The regional education service center board of directors shall employ an executive director. The selection and dismissal of the executive director is subject to the approval of the commissioner. The executive director is the chief executive officer of the regional education service center and may employ personnel as necessary to carry out the functions of the center.

  5. Tex. Education Code Sec. 8.005. EXEMPTION FROM TAXATION. A regional education service center and its employees are subject to or exempt from taxation in the same manner as a school district and school district employees.

  6. Tex. Education Code Sec. 8.006. IMMUNITY FROM LIABILITY. An employee or volunteer of a regional education service center is immune from liability to the same extent as an employee or volunteer of a school district.

  7. Tex. Education Code Sec. 8.007. TRANSFERABILITY OF LEAVE.

  8. Tex. Education Code Sec. 8.008. APPLICABILITY OF CERTAIN LAWS RELATING TO POLITICAL ACTIVITIES. A regional education service center and each center employee is subject to Chapter 556, Government Code, and for purposes of that chapter:

  9. Tex. Education Code Sec. 8.009. APPLICABILITY OF CERTAIN LAWS RELATING TO CONFLICT OF INTEREST.

  10. Tex. Education Code Sec. 8.011. NEPOTISM PROHIBITION. For purposes of all employees of each regional education service center, the executive director and each member of the board of directors are public officials subject to Chapter 573, Government Code.

  11. Tex. Education Code Sec. 8.012. CONTRACT MANAGEMENT GUIDE. The agency shall comply with the comptroller's contract management guide developed under Section 2262.051, Government Code, in each contract between the agency and a regional education service center established under this chapter.

  12. Tex. Education Code Sec. 8.051. CORE SERVICES AND SERVICES TO IMPROVE PERFORMANCE.

  13. Tex. Education Code Sec. 8.052. STATE INITIATIVES. As directed by the commissioner, each regional education service center shall, as necessary, use funds distributed under Section 8.123 to implement initiatives identified by the legislature.

  14. Tex. Education Code Sec. 8.053. ADDITIONAL SERVICES. In addition to the services provided under Section 8.051 and the initiatives implemented under Section 8.052, a regional education service center may:

  15. Tex. Education Code Sec. 8.0531. INSTRUCTIONAL MATERIALS DEVELOPED BY A COLLABORATION OF REGIONAL EDUCATION SERVICE CENTERS. Notwithstanding any other provision of this subchapter or Section 8.001(c), instructional lessons developed as part of a curriculum management system by a regional education service center, acting alone or in collaboration with one or more other regional education service centers, shall be subject to the same review and adoption process as outlined in Section 31.022.

  16. Tex. Education Code Sec. 8.054. PROHIBITION ON REGULATORY FUNCTION. A regional education service center may not perform a regulatory function regarding a school district. This section does not prohibit a regional education service center from offering training or other assistance to a school district in complying with a state or federal law, rule, or regulation.

  17. Tex. Education Code Sec. 8.055. REGIONAL EDUCATION SERVICE CENTER PROPERTY.

  18. Tex. Education Code Sec. 8.056. LIMITATION ON COMPENSATION FOR CERTAIN SERVICES. A regional education service center that acts as a fiscal agent or broker in connection with an agreement between two school districts under Subchapter E, Chapter 49, may not, unless authorized in writing by the district receiving transferred funds in accordance with the agreement:

  19. Tex. Education Code Sec. 8.057. ASSISTANCE WITH CRIMINAL HISTORY RECORD INFORMATION. The agency may require a regional education service center to assist in collecting information needed for a criminal history record information review under Subchapter C, Chapter 22.

  20. Tex. Education Code Sec. 8.058. CHILD DEVELOPMENT ASSOCIATE TRAINING. A regional education service center may offer to teachers employed by school districts the training required to be awarded a Child Development Associate

  21. Tex. Education Code Sec. 8.061. DYSLEXIA SPECIALIST. Each regional education service center shall employ as a dyslexia specialist a person licensed as a dyslexia therapist under Chapter 403, Occupations Code, to provide school districts served by the center with support and resources that are necessary to assist students with dyslexia and the families of students with dyslexia.

  22. Tex. Education Code Sec. 8.064. SCHOOL SAFETY SUPPORT.

  23. Tex. Education Code Sec. 8.101. PERFORMANCE STANDARDS AND INDICATORS. The commissioner shall establish performance standards and indicators for regional education service centers that measure the achievement of the objectives in Section 8.002. Performance standards and indicators must include the following:

  24. Tex. Education Code Sec. 8.102. DATA REPORTING. Each regional education service center shall report audited or budgeted financial information and any other information requested by the commissioner for use in assessing the performance of the center. The commissioner shall develop a uniform system for regional education service centers to report audited financial data, to report information on the indicators adopted under Section 8.101, and to provide information on client satisfaction with services provided under Subchapter B.

  25. Tex. Education Code Sec. 8.103. ANNUAL EVALUATION.

  26. Tex. Education Code Sec. 8.104. SANCTIONS. The commissioner shall develop a system of corrective actions to require of a regional education service center that the commissioner determines to be deficient in an accountability measure under Section 8.103. The actions must include, in increasing order of severity:

  27. Tex. Education Code Sec. 8.121. FUNDING FOR CORE SERVICES AND SERVICES TO IMPROVE PERFORMANCE.

  28. Tex. Education Code Sec. 8.122. INCENTIVE FUNDING FOR DISTRICT EFFICIENCIES.

  29. Tex. Education Code Sec. 8.123. FUNDING FOR STATE INITIATIVES.

  30. Tex. Education Code Sec. 8.124. INNOVATIVE AND EMERGENCY GRANTS.

  31. Tex. Education Code Sec. 8.125. CONTRACTS FOR GRANTS. Each regional education service center board of directors, under rules adopted by the commissioner, may enter into a contract for a grant from a public or private organization and may spend grant funds in accordance with the terms of the contract.

  32. Tex. Education Code Sec. 8.151. DEFINITIONS. In this subchapter:

  33. Tex. Education Code Sec. 8.152. EMPLOYMENT OF NON-PHYSICIAN MENTAL HEALTH PROFESSIONAL AS MENTAL HEALTH AND SUBSTANCE USE RESOURCE.

  34. Tex. Education Code Sec. 8.153. INTERAGENCY COLLABORATION; MEMORANDUM OF UNDERSTANDING.

  35. Tex. Education Code Sec. 8.154. SUPERVISION OF NON-PHYSICIAN MENTAL HEALTH PROFESSIONAL. A local mental health authority that employs a non-physician mental health professional under Section 8.152 shall:

  36. Tex. Education Code Sec. 8.155. DUTIES OF NON-PHYSICIAN MENTAL HEALTH PROFESSIONAL.

  37. Tex. Education Code Sec. 8.156. PARTICIPATION BY SCHOOL DISTRICT NOT REQUIRED. This subchapter does not require a school district to participate in training provided by a non-physician mental health professional or otherwise use the professional as a resource.

  38. Tex. Education Code Sec. 8.157. DISTRIBUTION OF FUNDING. A state agency to which money is appropriated to carry out this subchapter shall ensure that the money is distributed equally among the local mental health authorities that employ and supervise non-physician mental health professionals under this subchapter.

  39. Tex. Education Code Sec. 8.158. REPORT.

Chapter 10

  1. Tex. Education Code Sec. 10.001. DEFINITIONS. In this chapter:

  2. Tex. Education Code Sec. 10.002. INITIAL DEVELOPMENT OF EARLY CHILDHOOD INTEGRATED DATA SYSTEM.

  3. Tex. Education Code Sec. 10.003. LEAD AGENCY DUTIES. The lead agency shall:

  4. Tex. Education Code Sec. 10.004. COOPERATING ENTITIES.

  5. Tex. Education Code Sec. 10.005. REPORTING REQUIREMENTS.

  6. Tex. Education Code Sec. 10.006. FUNDING; ACCEPTANCE OF GIFTS, GRANTS, AND DONATIONS.

Chapter 11

  1. Tex. Education Code Sec. 11.001. ACCREDITATION. Each school district must be accredited by the agency as provided by Subchapter C, Chapter 39.

  2. Tex. Education Code Sec. 11.002. RESPONSIBILITY OF SCHOOL DISTRICTS FOR PUBLIC EDUCATION. The school districts and charter schools created in accordance with the laws of this state have the primary responsibility for implementing the state's system of public education and ensuring student performance in accordance with this code.

  3. Tex. Education Code Sec. 11.003. ADMINISTRATIVE EFFICIENCY.

  4. Tex. Education Code Sec. 11.005. PROHIBITION ON DIVERSITY, EQUITY, AND INCLUSION DUTIES.

  5. Tex. Education Code Sec. 11.006. PROHIBITED ACTIVITIES BY ADMINISTRATORS.

  6. Tex. Education Code Sec. 11.011. ORGANIZATION. The board of trustees of an independent school district, the superintendent of the district, the campus administrators, and the district- and campus-level committees established under Section 11.251 shall contribute to the operation of the district in the manner provided by this code and by the board of trustees of the district in a manner not inconsistent with this code.

  7. Tex. Education Code Sec. 11.051. GOVERNANCE OF INDEPENDENT SCHOOL DISTRICT; NUMBER OF TRUSTEES.

  8. Tex. Education Code Sec. 11.0511. STUDENT TRUSTEE FOR CERTAIN DISTRICTS.

  9. Tex. Education Code Sec. 11.052. SINGLE-MEMBER TRUSTEE DISTRICTS.

  10. Tex. Education Code Sec. 11.053. OPTION TO CONTINUE IN OFFICE FOLLOWING ADOPTION OF SINGLE-MEMBER PLAN OR REDISTRICTING.

  11. Tex. Education Code Sec. 11.054. ELECTING TRUSTEES BY CUMULATIVE VOTING.

  12. Tex. Education Code Sec. 11.055. APPLICATION TO GET ON BALLOT.

  13. Tex. Education Code Sec. 11.056. WRITE-IN VOTING.

  14. Tex. Education Code Sec. 11.057. DETERMINATION OF RESULTS; OPTIONAL MAJORITY VOTE REQUIREMENT.

  15. Tex. Education Code Sec. 11.058. ELECTION BY POSITION.

  16. Tex. Education Code Sec. 11.0581. JOINT ELECTIONS REQUIRED.

  17. Tex. Education Code Sec. 11.059. TERMS.

  18. Tex. Education Code Sec. 11.060. VACANCIES.

  19. Tex. Education Code Sec. 11.061. QUALIFICATION AND ORGANIZATION OF TRUSTEES; COMPENSATION.

  20. Tex. Education Code Sec. 11.062. ELECTION OF OFFICERS IN CERTAIN SCHOOL DISTRICTS. An independent school district in which, before September 1, 1995, part of the trustees were elected from single-member trustee districts and one or more board officers were elected at large shall continue electing trustees and officers in that manner until a different method of selection is adopted by resolution of the board of trustees.

  21. Tex. Education Code Sec. 11.0621. MEETINGS.

  22. Tex. Education Code Sec. 11.063. ELIGIBILITY FOR EMPLOYMENT. A trustee of an independent school district may not accept employment with that school district until the first anniversary of the date the trustee's membership on the board ends.

  23. Tex. Education Code Sec. 11.064. FILING OF FINANCIAL STATEMENT BY TRUSTEE.

  24. Tex. Education Code Sec. 11.065. APPLICABILITY TO CERTAIN DISTRICTS.

  25. Tex. Education Code Sec. 11.066. ELIGIBILITY FOR SERVICE BY TRUSTEE CONVICTED OF CERTAIN OFFENSES. A person is ineligible to serve as a member of the board of trustees of a school district if the person has been convicted of a felony or an offense under Section 43.021, Penal Code.

  26. Tex. Education Code Sec. 11.067. PROHIBITION ON CERTAIN ACTIVITY BY VENDOR.

  27. Tex. Education Code Sec. 11.151. IN GENERAL.

  28. Tex. Education Code Sec. 11.1511. SPECIFIC POWERS AND DUTIES OF BOARD.

  29. Tex. Education Code Sec. 11.1512. COLLABORATION BETWEEN BOARD AND SUPERINTENDENT.

  30. Tex. Education Code Sec. 11.1513. EMPLOYMENT POLICY.

  31. Tex. Education Code Sec. 11.1514. SOCIAL SECURITY NUMBERS. The board of trustees of an independent school district shall adopt a policy prohibiting the use of the social security number of an employee of the district as an employee identifier other than for tax purposes.

  32. Tex. Education Code Sec. 11.1515. OVERSIGHT OF ACADEMIC ACHIEVEMENT. The board of trustees of an independent school district or the governing body of an open-enrollment charter school shall provide oversight regarding student academic achievement and strategic leadership for maximizing student performance.

  33. Tex. Education Code Sec. 11.1516. DISTRICT DATA ON ACADEMIC ACHIEVEMENT.

  34. Tex. Education Code Sec. 11.1518. TRUSTEE INFORMATION.

  35. Tex. Education Code Sec. 11.152. TAXES; BONDS. The trustees of an independent school district may levy and collect taxes and issue bonds in compliance with Chapter 45. If a specific rate of tax is not adopted at an election authorizing a tax, the trustees shall determine the rate of tax to be levied within the limit voted and specified by law.

  36. Tex. Education Code Sec. 11.153. SALE OF MINERALS.

  37. Tex. Education Code Sec. 11.154. SALE OF PROPERTY OTHER THAN MINERALS.

  38. Tex. Education Code Sec. 11.1541. DONATION OF SURPLUS PROPERTY.

  39. Tex. Education Code Sec. 11.1542. OPEN-ENROLLMENT CHARTER SCHOOL OFFER FOR DISTRICT FACILITY.

  40. Tex. Education Code Sec. 11.1543. CHARTER SCHOOL PAYMENT FOR FACILITIES USE OR FOR SERVICES.

  41. Tex. Education Code Sec. 11.155. EMINENT DOMAIN.

  42. Tex. Education Code Sec. 11.156. DONATIONS TO THE PUBLIC SCHOOLS.

  43. Tex. Education Code Sec. 11.157. CONTRACTS FOR EDUCATIONAL SERVICES.

  44. Tex. Education Code Sec. 11.158. AUTHORITY TO CHARGE FEES.

  45. Tex. Education Code Sec. 11.159. MEMBER TRAINING AND ORIENTATION.

  46. Tex. Education Code Sec. 11.160. CHANGE OF SCHOOL DISTRICT NAME.

  47. Tex. Education Code Sec. 11.161. FRIVOLOUS SUIT OR PROCEEDING.

  48. Tex. Education Code Sec. 11.162. SCHOOL UNIFORMS.

  49. Tex. Education Code Sec. 11.164. RESTRICTING WRITTEN INFORMATION.

  50. Tex. Education Code Sec. 11.165. ACCESS TO SCHOOL CAMPUSES. The board of trustees of an independent school district may adopt rules to keep school campuses, including school libraries, open for recreational activities, latchkey programs, and tutoring after school hours.

  51. Tex. Education Code Sec. 11.166. OPERATION ON CAMPUS OF INSTITUTION OF HIGHER EDUCATION.

  52. Tex. Education Code Sec. 11.167. OPERATION OUTSIDE DISTRICT BOUNDARIES. The board of trustees of a school district may operate a school or program, including an extracurricular program, or hold a class outside the boundaries of the district.

  53. Tex. Education Code Sec. 11.168. USE OF DISTRICT RESOURCES PROHIBITED FOR CERTAIN PURPOSES; EXCEPTION.

  54. Tex. Education Code Sec. 11.169. ELECTIONEERING PROHIBITED. Notwithstanding any other law, the board of trustees of an independent school district may not use state or local funds or other resources of the district to electioneer for or against any candidate, measure, or political party.

  55. Tex. Education Code Sec. 11.170. INTERNAL AUDITOR. If a school district employs an internal auditor:

  56. Tex. Education Code Sec. 11.171. SCHOOL DISTRICT GRIEVANCE POLICY.

  57. Tex. Education Code Sec. 11.173. USE OF SCHOOL FACILITIES BY RELIGIOUS ORGANIZATION.

  58. Tex. Education Code Sec. 11.174. CONTRACT REGARDING OPERATION OF DISTRICT CAMPUS.

  59. Tex. Education Code Sec. 11.175. SCHOOL CYBERSECURITY.

  60. Tex. Education Code Sec. 11.178. PROHIBITION AGAINST USE OF SCHOOL DISTRICT RESOURCES FOR HOTEL.

  61. Tex. Education Code Sec. 11.179. SALE OF ALCOHOLIC BEVERAGES IN CERTAIN LEASED DISTRICT FACILITIES.

  62. Tex. Education Code Sec. 11.182. BOARD IMPROVEMENT AND EVALUATION TOOL.

  63. Tex. Education Code Sec. 11.184. EFFICIENCY AUDIT.

  64. Tex. Education Code Sec. 11.185. EARLY CHILDHOOD LITERACY AND MATHEMATICS PROFICIENCY PLANS.

  65. Tex. Education Code Sec. 11.186. COLLEGE, CAREER, AND MILITARY READINESS PLANS.

  66. Tex. Education Code Sec. 11.201. SUPERINTENDENTS.

  67. Tex. Education Code Sec. 11.202. PRINCIPALS.

  68. Tex. Education Code Sec. 11.251. PLANNING AND DECISION-MAKING PROCESS.

  69. Tex. Education Code Sec. 11.252. DISTRICT-LEVEL PLANNING AND DECISION-MAKING.

  70. Tex. Education Code Sec. 11.253. CAMPUS PLANNING AND SITE-BASED DECISION-MAKING.

  71. Tex. Education Code Sec. 11.254. STATE RESPONSIBILITIES FOR THE PLANNING AND DECISION-MAKING PROCESS.

  72. Tex. Education Code Sec. 11.255. DROPOUT PREVENTION REVIEW.

  73. Tex. Education Code Sec. 11.301. APPLICATION OF FORMER LAW.

  74. Tex. Education Code Sec. 11.302. PUBLIC INFORMATION. The governing body of a school district or county system to which Section 11.301 applies shall make available to the public for inspection and copying during regular operating hours a copy of the provisions under which the district or county system operates that are specific to that type of district or county system.

  75. Tex. Education Code Sec. 11.303. MUNICIPAL SCHOOL DISTRICTS.

  76. Tex. Education Code Sec. 11.304. WRITE-IN VOTING: COMMON SCHOOL DISTRICT BOARD ELECTION. The procedures for write-in voting prescribed for an election for trustees of an independent school district under Section 11.056 apply to an election for trustees of a common school district operating under former Chapter 22 as that chapter existed on May 1, 1995.

  77. Tex. Education Code Sec. 11.351. AUTHORITY TO ESTABLISH SPECIAL-PURPOSE SCHOOL DISTRICT.

  78. Tex. Education Code Sec. 11.352. GOVERNANCE OF SPECIAL-PURPOSE DISTRICT.

  79. Tex. Education Code Sec. 11.353. ADMISSION AND ATTENDANCE. A child is eligible to attend school in a military reservation school district if the child is eligible under Section 25.001 and is the child of an officer, soldier, or civilian employee residing or employed on the reservation. The board of trustees may transfer any child who cannot be provided for by the district of the child's residence to any school district maintaining adequate facilities and standards for elementary, junior, or senior high schools, as applicable.

  80. Tex. Education Code Sec. 11.354. ABOLITION OF SPECIAL-PURPOSE DISTRICT. On the written request signed by a majority of the board of trustees of a military reservation school district, the State Board of Education may abolish the district. The State Board of Education shall give written notice to the board of trustees requesting abolition. The territory of the abolished district and property of the district shall be disposed of as provided by Section 13.205.

  81. Tex. Education Code Sec. 11.355. ANNEXATION OF ADDITIONAL TERRITORY BY CERTAIN SPECIAL-PURPOSE DISTRICTS.

  82. Tex. Education Code Sec. 11.356. SUPPORT OF STUDENTS ENROLLED IN SPECIAL-PURPOSE SCHOOL DISTRICTS. The independent or common school district that is responsible for providing education services to a student who is enrolled in a special-purpose school district established under Section 11.351 shall share the cost of the student's education in the manner provided under Section 30.003 for students enrolled in the Texas School for the Blind and Visually Impaired or the Texas School for the Deaf unless the State Board of Education finds that the student's education in a particular special-purpose school or school district is not the responsibility of the independent or common school district.

  83. Tex. Education Code Sec. 11.401. SCHOOL DISTRICT POLICY: ASSISTANCE WITH SOCIAL TRANSITIONING PROHIBITED.

  84. Tex. Education Code Sec. 11.402. RELIEF. A parent of a student enrolled in a school district may seek relief for a violation of this subchapter by filing a grievance through the district's grievance procedure adopted under Section 26.011.

Chapter 12

  1. Tex. Education Code Sec. 12.001. PURPOSES OF CHAPTER.

  2. Tex. Education Code Sec. 12.0011. ALTERNATIVE METHOD OF OPERATION. As an alternative to operating in the manner generally provided by this title, an independent school district, a school campus, or an educational program may choose to operate under a charter in accordance with this chapter.

  3. Tex. Education Code Sec. 12.002. CLASSES OF CHARTER. The classes of charter under this chapter are:

  4. Tex. Education Code Sec. 12.003. AUTHORITY OF BOARD OF TRUSTEES TO GRANT OTHER CHARTERS. This chapter does not limit the authority of the board of trustees of a school district to grant a charter to a campus or program to operate in accordance with the other provisions of this title and rules adopted under those provisions.

  5. Tex. Education Code Sec. 12.011. AUTHORIZATION AND STATUS.

  6. Tex. Education Code Sec. 12.012. APPLICABILITY OF LAWS AND RULES TO HOME-RULE SCHOOL DISTRICT.

  7. Tex. Education Code Sec. 12.013. APPLICABILITY OF TITLE.

  8. Tex. Education Code Sec. 12.014. APPOINTMENT OF CHARTER COMMISSION. The board of trustees of a school district shall appoint a charter commission to frame a home-rule school district charter if:

  9. Tex. Education Code Sec. 12.015. CHARTER COMMISSION.

  10. Tex. Education Code Sec. 12.016. CONTENT. Each home-rule school district charter must:

  11. Tex. Education Code Sec. 12.017. DETERMINATION OF COMPLIANCE WITH VOTING RIGHTS ACT.

  12. Tex. Education Code Sec. 12.018. LEGAL REVIEW. The charter commission shall submit the proposed charter to the commissioner. As soon as practicable, but not later than the 30th day after the date the commissioner receives the proposed charter, the commissioner shall review the proposed charter to ensure that the proposed charter complies with any applicable laws and shall recommend to the charter commission any modifications necessary. If the commissioner does not act within the prescribed time, the proposed charter is approved.

  13. Tex. Education Code Sec. 12.019. CHARTER ELECTION.

  14. Tex. Education Code Sec. 12.020. CHARTER AMENDMENT.

  15. Tex. Education Code Sec. 12.021. ADOPTION OF CHARTER OR CHARTER AMENDMENT.

  16. Tex. Education Code Sec. 12.022. MINIMUM VOTER TURNOUT REQUIRED.

  17. Tex. Education Code Sec. 12.023. CERTIFICATION OF CHARTER OR CHARTER AMENDMENT.

  18. Tex. Education Code Sec. 12.024. EFFECT OF RECORDING CHARTER OR CHARTER AMENDMENT. A recorded charter or charter amendment is a public act. A court shall take judicial notice of a recorded charter or charter amendment and proof is not required of its provisions.

  19. Tex. Education Code Sec. 12.025. GOVERNANCE.

  20. Tex. Education Code Sec. 12.026. CHANGE IN GOVERNING BODY. If the adoption, amendment, or revocation of a home-rule school district charter changes the structure of the governing body of the school district, the members of the governing body serving on the date the adoption, amendment, or revocation takes effect continue in office until their successors are chosen and have qualified for office.

  21. Tex. Education Code Sec. 12.027. BASIS FOR PLACEMENT ON PROBATION OR REVOCATION OF CHARTER.

  22. Tex. Education Code Sec. 12.0271. FAILURE TO DISCHARGE OR REFUSE TO HIRE OR TERMINATE OR REFUSE SERVICES FROM CERTAIN EMPLOYEES, APPLICANTS, OR SERVICE PROVIDERS. A home-rule school district commits a material violation of the school district's charter if the school district fails to comply with the duty to discharge or refuse to hire, or terminate or refuse to accept services from, certain employees, applicants for employment, or service providers under Section 22A.151 or 22A.157, as applicable.

  23. Tex. Education Code Sec. 12.028. PROCEDURE FOR PLACEMENT ON PROBATION OR REVOCATION.

  24. Tex. Education Code Sec. 12.029. STATUS OF DISTRICT IN CASE OF ANNEXATION OR CONSOLIDATION.

  25. Tex. Education Code Sec. 12.030. RESCISSION OF CHARTER.

  26. Tex. Education Code Sec. 12.051. DEFINITIONS. In this subchapter:

  27. Tex. Education Code Sec. 12.052. AUTHORIZATION.

  28. Tex. Education Code Sec. 12.0521. ALTERNATIVE AUTHORIZATION.

  29. Tex. Education Code Sec. 12.0522. DISTRICT CHARTER AUTHORIZATION.

  30. Tex. Education Code Sec. 12.053. COOPERATIVE CAMPUS CHARTER.

  31. Tex. Education Code Sec. 12.0531. PERFORMANCE CONTRACT; DURATION OF CHARTER. If a charter is granted under this subchapter, the board of trustees of the school district that granted the charter shall enter into a performance contract with the principal or equivalent chief operating officer of the campus or program. The performance contract must specify enhanced authority granted to the principal or equivalent officer in order to achieve the academic goals that must be met by campus or program students. A charter granted under this subchapter expires 10 years from the date the charter is granted unless the specified goals are substantially met, as determined by the board of trustees of the school district that granted the charter.

  32. Tex. Education Code Sec. 12.0532. NEIGHBORHOOD SCHOOL.

  33. Tex. Education Code Sec. 12.054. AUTHORITY UNDER CHARTER. A campus or program for which a charter is granted under this subchapter:

  34. Tex. Education Code Sec. 12.055. APPLICABILITY OF LAWS AND RULES TO CAMPUS OR PROGRAM GRANTED CHARTER.

  35. Tex. Education Code Sec. 12.056. APPLICABILITY OF TITLE.

  36. Tex. Education Code Sec. 12.057. STATUS.

  37. Tex. Education Code Sec. 12.058. CHARTER POLICY. Each school district shall adopt a campus charter and program charter policy. The policy must specify:

  38. Tex. Education Code Sec. 12.059. CONTENT. Each charter granted under this subchapter must:

  39. Tex. Education Code Sec. 12.060. FORM. A charter shall be in the form and substance of a written contract signed by the president of the board of trustees granting the charter and the chief operating officer of the campus or program for which the charter is granted.

  40. Tex. Education Code Sec. 12.061. CHARTER GRANTED. Each charter a board of trustees grants under this subchapter must:

  41. Tex. Education Code Sec. 12.062. REVISION.

  42. Tex. Education Code Sec. 12.063. BASIS FOR PLACEMENT ON PROBATION OR REVOCATION.

  43. Tex. Education Code Sec. 12.0631. FAILURE TO DISCHARGE OR REFUSE TO HIRE OR TERMINATE OR REFUSE SERVICES FROM CERTAIN EMPLOYEES, APPLICANTS, OR SERVICE PROVIDERS. A campus or campus program granted a charter under this subchapter commits a material violation of its charter if the campus or program fails to comply with the duty to discharge or refuse to hire, or terminate or refuse to accept services from, certain employees, applicants for employment, or service providers under Section 12.1059, 22A.151, or 22A.157, as applicable.

  44. Tex. Education Code Sec. 12.064. PROCEDURE FOR PLACEMENT ON PROBATION OR REVOCATION.

  45. Tex. Education Code Sec. 12.065. ADMISSION.

  46. Tex. Education Code Sec. 12.101. AUTHORIZATION.

  47. Tex. Education Code Sec. 12.1011. CHARTER AUTHORIZATION FOR HIGH-PERFORMING ENTITIES.

  48. Tex. Education Code Sec. 12.1012. DEFINITIONS. In this subchapter:

  49. Tex. Education Code Sec. 12.10125. OPEN-ENROLLMENT CHARTER SCHOOL NOT IN OPERATION. An open-enrollment charter school ceases to operate if:

  50. Tex. Education Code Sec. 12.1013. CHARTER AUTHORIZER ACCOUNTABILITY.

  51. Tex. Education Code Sec. 12.1014. AUTHORIZATION FOR GRANT OF CHARTERS FOR SCHOOLS PRIMARILY SERVING STUDENTS WITH DISABILITIES.

  52. Tex. Education Code Sec. 12.102. AUTHORITY UNDER CHARTER. An open-enrollment charter school:

  53. Tex. Education Code Sec. 12.103. GENERAL APPLICABILITY OF LAWS, RULES, AND ORDINANCES TO OPEN-ENROLLMENT CHARTER SCHOOL.

  54. Tex. Education Code Sec. 12.104. APPLICABILITY OF TITLE.

  55. Tex. Education Code Sec. 12.105. STATUS. An open-enrollment charter school is part of the public school system of this state.

  56. Tex. Education Code Sec. 12.1051. APPLICABILITY OF OPEN MEETINGS AND PUBLIC INFORMATION LAWS.

  57. Tex. Education Code Sec. 12.1052. APPLICABILITY OF LAWS RELATING TO LOCAL GOVERNMENT RECORDS.

  58. Tex. Education Code Sec. 12.1053. APPLICABILITY OF LAWS RELATING TO PUBLIC PURCHASING AND CONTRACTING.

  59. Tex. Education Code Sec. 12.1054. APPLICABILITY OF LAWS RELATING TO CONFLICT OF INTEREST.

  60. Tex. Education Code Sec. 12.1055. APPLICABILITY OF NEPOTISM LAWS.

  61. Tex. Education Code Sec. 12.1056. IMMUNITY FROM LIABILITY AND SUIT.

  62. Tex. Education Code Sec. 12.1057. MEMBERSHIP IN TEACHER RETIREMENT SYSTEM OF TEXAS.

  63. Tex. Education Code Sec. 12.1058. APPLICABILITY OF OTHER LAWS.

  64. Tex. Education Code Sec. 12.1059. REQUIREMENTS FOR EMPLOYMENT OF CERTAIN EMPLOYEES. A person may not be employed by or serve as a teacher, librarian, educational aide, administrator, or school counselor for an open-enrollment charter school unless:

  65. Tex. Education Code Sec. 12.106. STATE FUNDING.

  66. Tex. Education Code Sec. 12.1061. RECOVERY OF CERTAIN FUNDS. The commissioner may not garnish or otherwise recover funds paid to an open-enrollment charter school under Section 12.106 if:

  67. Tex. Education Code Sec. 12.107. STATUS AND USE OF FUNDS.

  68. Tex. Education Code Sec. 12.1071. EFFECT OF ACCEPTING STATE FUNDING.

  69. Tex. Education Code Sec. 12.108. TUITION AND FEES RESTRICTED.

  70. Tex. Education Code Sec. 12.109. TRANSPORTATION. An open-enrollment charter school shall provide transportation to each student attending the school to the same extent a school district is required by law to provide transportation to district students.

  71. Tex. Education Code Sec. 12.110. APPLICATION.

  72. Tex. Education Code Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR ESTABLISHMENT OF CAMPUS. The commissioner by rule shall adopt a procedure for providing notice to the following persons on receipt by the commissioner of an application for a charter for an open-enrollment charter school under Section 12.110 or of notice of the establishment of a campus as authorized under Section 12.101(b-4):

  73. Tex. Education Code Sec. 12.111. CONTENT.

  74. Tex. Education Code Sec. 12.112. FORM. A charter for an open-enrollment charter school shall be in the form of a written contract signed by the commissioner and the chief operating officer of the school.

  75. Tex. Education Code Sec. 12.113. CHARTER GRANTED.

  76. Tex. Education Code Sec. 12.114. REVISION.

  77. Tex. Education Code Sec. 12.1141. RENEWAL OF CHARTER; DENIAL OF RENEWAL; EXPIRATION.

  78. Tex. Education Code Sec. 12.115. BASIS FOR CHARTER REVOCATION OR MODIFICATION OF GOVERNANCE.

  79. Tex. Education Code Sec. 12.1151. FAILURE TO DISCHARGE OR REFUSE TO HIRE OR TERMINATE OR REFUSE SERVICES FROM CERTAIN EMPLOYEES, APPLICANTS, OR SERVICE PROVIDERS. An open-enrollment charter school commits a material violation of the school's charter if the school fails to comply with the duty to discharge or refuse to hire, or terminate or refuse to accept services from, certain employees, applicants for employment, or service providers under Section 12.1059, 22A.151, or 22A.157, as applicable.

  80. Tex. Education Code Sec. 12.116. PROCEDURE FOR REVOCATION, MODIFICATION OF GOVERNANCE, OR DENIAL OF RENEWAL.

  81. Tex. Education Code Sec. 12.1161. EFFECT OF REVOCATION, DENIAL OF RENEWAL, OR SURRENDER OF CHARTER.

  82. Tex. Education Code Sec. 12.1162. ADDITIONAL SANCTIONS.

  83. Tex. Education Code Sec. 12.1163. AUDIT BY COMMISSIONER.

  84. Tex. Education Code Sec. 12.1164. NOTICE TO TEACHER RETIREMENT SYSTEM OF TEXAS.

  85. Tex. Education Code Sec. 12.1166. RELATED PARTY TRANSACTIONS.

  86. Tex. Education Code Sec. 12.1167. APPRAISAL OF CERTAIN PROPERTY. The commissioner may adopt rules to require an open-enrollment charter school to:

  87. Tex. Education Code Sec. 12.1168. FINANCIAL REPORT OF CERTAIN SCHOOLS.

  88. Tex. Education Code Sec. 12.117. ADMISSION.

  89. Tex. Education Code Sec. 12.1171. ADMISSION TO OPEN-ENROLLMENT CHARTER SCHOOLS SPECIALIZING IN PERFORMING ARTS. Notwithstanding Section 12.117, the governing body of an open-enrollment charter school that specializes in one or more performing arts may require an applicant to audition for admission to the school in addition to completing and submitting the common admission application form under Section 12.1173.

  90. Tex. Education Code Sec. 12.1173. COMMON ADMISSION APPLICATION FORM; WAITING LIST FOR ADMISSION.

  91. Tex. Education Code Sec. 12.1174. ENROLLMENT AND WAITING LIST REPORT.

  92. Tex. Education Code Sec. 12.118. EVALUATION OF OPEN-ENROLLMENT CHARTER SCHOOLS.

  93. Tex. Education Code Sec. 12.1181. PERFORMANCE FRAMEWORKS; ANNUAL EVALUATIONS.

  94. Tex. Education Code Sec. 12.119. BYLAWS; ANNUAL REPORT.

  95. Tex. Education Code Sec. 12.120. RESTRICTIONS ON SERVING AS MEMBER OF GOVERNING BODY OF CHARTER HOLDER OR OPEN-ENROLLMENT CHARTER SCHOOL OR AS OFFICER OR EMPLOYEE.

  96. Tex. Education Code Sec. 12.1202. REQUIREMENT FOR MAJORITY OF MEMBERS OF GOVERNING BODY. A majority of the members of the governing body of an open-enrollment charter school or the governing body of a charter holder must be qualified voters.

  97. Tex. Education Code Sec. 12.121. RESPONSIBILITY FOR OPEN-ENROLLMENT CHARTER SCHOOL. The governing body of an open-enrollment charter school is responsible for the management, operation, and accountability of the school, regardless of whether the governing body delegates the governing body's powers and duties to another person.

  98. Tex. Education Code Sec. 12.1211. NAMES OF MEMBERS OF GOVERNING BODY LISTED ON WEBSITE. An open-enrollment charter school shall list the names of the members of the governing body on the home page of the school's Internet website.

  99. Tex. Education Code Sec. 12.122. LIABILITY OF MEMBERS OF GOVERNING BODY OF OPEN-ENROLLMENT CHARTER SCHOOL.

  100. Tex. Education Code Sec. 12.123. TRAINING FOR MEMBERS OF GOVERNING BODY OF SCHOOL AND OFFICERS.

  101. Tex. Education Code Sec. 12.124. LOANS FROM MANAGEMENT COMPANY PROHIBITED.

  102. Tex. Education Code Sec. 12.125. CONTRACT FOR MANAGEMENT SERVICES. Any contract, including a contract renewal, between an open-enrollment charter school and a management company proposing to provide management services to the school must require the management company to maintain all records related to the management services separately from any other records of the management company.

  103. Tex. Education Code Sec. 12.126. CERTAIN MANAGEMENT SERVICES CONTRACTS PROHIBITED. The commissioner may prohibit, deny renewal of, suspend, or revoke a contract between an open-enrollment charter school and a management company providing management services to the school if the commissioner determines that the management company has:

  104. Tex. Education Code Sec. 12.127. LIABILITY OF MANAGEMENT COMPANY.

  105. Tex. Education Code Sec. 12.128. PROPERTY PURCHASED OR LEASED WITH STATE FUNDS.

  106. Tex. Education Code Sec. 12.1281. DISPOSITION OF PROPERTY PURCHASED WITH STATE FUNDS.

  107. Tex. Education Code Sec. 12.1282. TRANSFER OF PROPERTY PURCHASED WITH STATE FUNDS.

  108. Tex. Education Code Sec. 12.1283. SALE OF PROPERTY PURCHASED WITH STATE FUNDS.

  109. Tex. Education Code Sec. 12.1284. CLOSURE OF CHARTER SCHOOL OPERATIONS.

  110. Tex. Education Code Sec. 12.129. MINIMUM QUALIFICATIONS FOR PRINCIPALS AND TEACHERS.

  111. Tex. Education Code Sec. 12.130. NOTICE OF TEACHER QUALIFICATIONS. Each open-enrollment charter school shall provide to the parent or guardian of each student enrolled in the school written notice of the qualifications of each teacher employed by the school.

  112. Tex. Education Code Sec. 12.131. REMOVAL OF STUDENTS TO DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM; EXPULSION OF STUDENTS.

  113. Tex. Education Code Sec. 12.132. USE OF MUNICIPAL FUNDS FOR CHARTER SCHOOL LAND OR FACILITIES. A municipality to which a charter is granted under this subchapter may borrow funds, issue obligations, or otherwise spend its funds to acquire land or acquire, construct, expand, or renovate school buildings or facilities and related improvements for its open-enrollment charter school within the city limits of the municipality in the same manner the municipality is authorized to borrow funds, issue obligations, or otherwise spend its funds in connection with any other public works project.

  114. Tex. Education Code Sec. 12.133. WAGE INCREASE FOR CERTAIN PROFESSIONAL STAFF.

  115. Tex. Education Code Sec. 12.135. DESIGNATION AS CHARTER DISTRICT FOR PURPOSES OF BOND GUARANTEE.

  116. Tex. Education Code Sec. 12.136. POSTING OF CHIEF EXECUTIVE OFFICER SALARY. An open-enrollment charter school shall post on the school's Internet website the salary of the school's superintendent or, as applicable, of the administrator serving as educational leader and chief executive officer.

  117. Tex. Education Code Sec. 12.137. CERTAIN CHARTER HOLDERS AUTHORIZED TO PROVIDE COMBINED SERVICES FOR CERTAIN ADULT AND HIGH SCHOOL DROPOUT RECOVERY PROGRAMS.

  118. Tex. Education Code Sec. 12.141. RECLAIMED FUNDS.

  119. Tex. Education Code Sec. 12.151. DEFINITIONS. In this subchapter, "public junior college" and "public senior college or university" have the meanings assigned by Section 61.003.

  120. Tex. Education Code Sec. 12.152. AUTHORIZATION.

  121. Tex. Education Code Sec. 12.153. RULES. The commissioner may adopt rules to implement this subchapter.

  122. Tex. Education Code Sec. 12.154. CONTENT.

  123. Tex. Education Code Sec. 12.155. SCHOOL NAME. The name of a college or university charter school or junior college charter school must include the name of the public senior college or university or public junior college, as applicable, operating the school.

  124. Tex. Education Code Sec. 12.156. APPLICABILITY OF CERTAIN PROVISIONS.

  125. Tex. Education Code Sec. 12.251. DEFINITIONS. In this subchapter:

  126. Tex. Education Code Sec. 12.252. APPLICABILITY OF CERTAIN PROVISIONS.

  127. Tex. Education Code Sec. 12.2525. IMMUNITY FROM LIABILITY AND SUIT. An eligible entity granted a charter under this subchapter is immune from liability and suit in matters related to the operation of an adult education program under the charter to the same extent as a school district, and its employees and volunteers are immune from liability and suit to the same extent as school district employees and volunteers. A member of the governing body of the entity is immune from liability and suit to the same extent as a school district trustee.

  128. Tex. Education Code Sec. 12.253. PURPOSE. The purpose of the adult high school charter school program, as established under former Section 29.259 and provided by this subchapter, is to meet industry needs for a sufficiently trained workforce within the state and strengthen the economic and educational prosperity of the state.

  129. Tex. Education Code Sec. 12.254. ADVISORY COMMITTEE.

  130. Tex. Education Code Sec. 12.255. AUTHORIZATION FOR CHARTER.

  131. Tex. Education Code Sec. 12.256. ELIGIBLE ENTITIES. An entity is eligible for a charter to operate an adult education program under this subchapter if:

  132. Tex. Education Code Sec. 12.2565. APPLICATION PROCESS.

  133. Tex. Education Code Sec. 12.257. APPLICATION; CHARTER CONTENT.

  134. Tex. Education Code Sec. 12.258. STUDENT ELIGIBILITY; ADMISSION.

  135. Tex. Education Code Sec. 12.259. ADULT EDUCATION PROGRAM.

  136. Tex. Education Code Sec. 12.260. ASSESSMENT INSTRUMENT.

  137. Tex. Education Code Sec. 12.261. EXPANSION AMENDMENT.

  138. Tex. Education Code Sec. 12.262. ACCOUNTABILITY; REVOCATION OF CHARTER.

  139. Tex. Education Code Sec. 12.263. ADULT EDUCATION PROGRAM FUNDING.

  140. Tex. Education Code Sec. 12.264. GIFTS, GRANTS, AND DONATIONS.

  141. Tex. Education Code Sec. 12.265. RULES.

Chapter 13

  1. Tex. Education Code Sec. 13.001. DEFINITION. In this chapter, "membership" means the number of students enrolled in a school district as of a given date.

  2. Tex. Education Code Sec. 13.002. PERMITTED FREQUENCY OF PROPOSED ACTIONS.

  3. Tex. Education Code Sec. 13.003. PETITION AND ELECTION.

  4. Tex. Education Code Sec. 13.004. ALLOCATION OF INDEBTEDNESS AND PERSONAL PROPERTY.

  5. Tex. Education Code Sec. 13.005. EFFECTIVE DATE OF TRANSFER.

  6. Tex. Education Code Sec. 13.006. TAXING AUTHORITY TRANSFER.

  7. Tex. Education Code Sec. 13.008. DISTRICT TRUSTEE APPROVAL OF BOUNDARY CHANGES REQUIRED. Any change in the boundaries of a school district is not effective unless approved by a majority of the board of trustees of the district if the board's approval is required under this chapter.

  8. Tex. Education Code Sec. 13.009. APPEALS.

  9. Tex. Education Code Sec. 13.010. BOUNDARY DESCRIPTIONS AND MAPS TO BE FILED WITH AGENCY.

  10. Tex. Education Code Sec. 13.051. DETACHMENT AND ANNEXATION OF TERRITORY.

  11. Tex. Education Code Sec. 13.052. DORMANT SCHOOL DISTRICTS.

  12. Tex. Education Code Sec. 13.053. TERRITORY NOT IN SCHOOL DISTRICT.

  13. Tex. Education Code Sec. 13.054. ACADEMICALLY UNACCEPTABLE SCHOOL DISTRICTS.

  14. Tex. Education Code Sec. 13.101. CREATION OF DISTRICT BY DETACHING TERRITORY FROM EXISTING DISTRICT.

  15. Tex. Education Code Sec. 13.102. MINIMUM AREA AND ATTENDANCE REQUIREMENTS. A new district may not be created with an area of less than nine square miles or fewer than 8,000 students in average daily attendance, and a district may not be reduced to an area of less than nine square miles or fewer than 8,000 students in average daily attendance.

  16. Tex. Education Code Sec. 13.103. INITIATION OF DETACHMENT. Creation of a new district by detachment is initiated by resolution of the board of trustees of each district from which territory is to be detached or by a petition presented to the commissioners court. A petition under this subchapter must:

  17. Tex. Education Code Sec. 13.104. ELECTION.

  18. Tex. Education Code Sec. 13.105. CREATION OF DISTRICT.

  19. Tex. Education Code Sec. 13.151. DISTRICTS THAT MAY CONSOLIDATE.

  20. Tex. Education Code Sec. 13.152. RESOLUTION OR PETITION. Consolidation is initiated in each district proposed to be consolidated by either a resolution adopted by the board of trustees of the district or a petition requesting an election on the question that is signed by the required number of registered voters of the district. Each district is not required to use the same method to initiate consolidation.

  21. Tex. Education Code Sec. 13.1521. RECEIPT OR CONSIDERATION OF PETITION REQUESTING DETACHMENT AND ANNEXATION AFTER ADOPTION OF CONSOLIDATION RESOLUTIONS. If a resolution in favor of consolidation has been adopted by the board of trustees of each school district proposed to be consolidated into a particular single district, none of those boards of trustees may receive or consider a petition requesting detachment and annexation under Subchapter B without the consent of each of the other of those boards of trustees:

  22. Tex. Education Code Sec. 13.153. ELECTION ORDER; NOTICE.

  23. Tex. Education Code Sec. 13.154. CANVASS; RESULT.

  24. Tex. Education Code Sec. 13.155. STATUS; GOVERNANCE.

  25. Tex. Education Code Sec. 13.156. TITLE TO PROPERTY; ASSUMPTION OF DEBT. Title to all property of the consolidating districts vests in the consolidated district, and the consolidated district assumes and is liable for the outstanding indebtedness of the consolidating districts.

  26. Tex. Education Code Sec. 13.157. DISSOLUTION OF CONSOLIDATED SCHOOL DISTRICT.

  27. Tex. Education Code Sec. 13.158. LOCAL CONSOLIDATION AGREEMENT.

  28. Tex. Education Code Sec. 13.159. PUBLIC INSPECTION AND HEARING.

  29. Tex. Education Code Sec. 13.201. ELIGIBILITY. An independent school district may be abolished in the manner provided by this subchapter.

  30. Tex. Education Code Sec. 13.202. PETITION. Abolition of an independent school district is initiated by a petition requesting an election on the question. The petition must be signed by a majority of the board of trustees of the district to be abolished and must be presented to the county judge of each county in which part of the independent school district is situated.

  31. Tex. Education Code Sec. 13.203. ELECTION.

  32. Tex. Education Code Sec. 13.204. ORDER ABOLISHING DISTRICT.

  33. Tex. Education Code Sec. 13.205. DISPOSITION OF TERRITORY; AFFAIRS OF ABOLISHED DISTRICT.

  34. Tex. Education Code Sec. 13.231. MINOR BOUNDARY ADJUSTMENTS BY AGREEMENT.

  35. Tex. Education Code Sec. 13.281. INCENTIVE AID.

  36. Tex. Education Code Sec. 13.282. AMOUNT; COMPUTATION.

  37. Tex. Education Code Sec. 13.283. PAYMENTS REDUCED. The incentive aid payments shall be reduced in direct proportion to any reduction in the average daily attendance as determined under Section 48.005 of the reorganized school district for the preceding year.

  38. Tex. Education Code Sec. 13.284. CONDITIONS FOR PAYMENT. To receive incentive aid payments:

  39. Tex. Education Code Sec. 13.285. COST. The cost of incentive aid payments authorized by this subchapter shall be paid from the foundation school fund.

Chapter 18

  1. Tex. Education Code Sec. 18.001. DEFINITIONS. In this chapter:

  2. Tex. Education Code Sec. 18.002. ESTABLISHMENT.

  3. Tex. Education Code Sec. 18.003. AUTHORITY. A Job Corps diploma program may offer a secondary school curriculum, a high school diploma program, and a General Educational Development program.

  4. Tex. Education Code Sec. 18.004. GOALS. The goals of a Job Corps diploma program are to:

  5. Tex. Education Code Sec. 18.005. GOVERNANCE; LIMITATION ON POWERS; DUTIES.

  6. Tex. Education Code Sec. 18.006. ACCOUNTABILITY.

  7. Tex. Education Code Sec. 18.007. ELIGIBILITY FOR CERTAIN PROGRAMS AND SERVICES.

  8. Tex. Education Code Sec. 18.008. GRANTS AND FEDERAL FUNDS.

  9. Tex. Education Code Sec. 18.009. COSTS.

  10. Tex. Education Code Sec. 18.010. PROGRAM EMPLOYEES.

Chapter 19

  1. Tex. Education Code Sec. 19.001. DEFINITIONS. In this chapter:

  2. Tex. Education Code Sec. 19.002. ESTABLISHMENT. The school district established by the Texas Board of Corrections in 1969 shall be known as the Windham School District, an entity that is separate and distinct from the Texas Department of Criminal Justice. The district may establish and operate schools at the various facilities of the Texas Department of Criminal Justice.

  3. Tex. Education Code Sec. 19.0022. SUNSET PROVISION. The Windham School District is subject to review under Chapter 325, Government Code (Texas Sunset Act). The district shall be reviewed during the period in which the Texas Department of Criminal Justice is reviewed.

  4. Tex. Education Code Sec. 19.003. GOALS OF THE DISTRICT. The goals of the district in educating its students are to:

  5. Tex. Education Code Sec. 19.004. GOVERNANCE, LIMITATION ON POWERS, AND DUTIES.

  6. Tex. Education Code Sec. 19.0041. PROGRAM DATA COLLECTION AND BIENNIAL EVALUATION AND REPORT.

  7. Tex. Education Code Sec. 19.0042. INFORMATION TO BE PROVIDED BY DISTRICT BEFORE CAREER AND TECHNICAL EDUCATION PROGRAM ENROLLMENT. Before a person described by Section 19.005 enrolls in a district career and technical education program, the district must inform the person in writing of:

  8. Tex. Education Code Sec. 19.0043. CREDIT FOR COMPLETION OF EDUCATIONAL PROGRAMS; HIGH SCHOOL DIPLOMA AND CERTIFICATE.

  9. Tex. Education Code Sec. 19.005. ELIGIBILITY FOR CERTAIN PROGRAMS AND SERVICES.

  10. Tex. Education Code Sec. 19.0051. EDUCATIONAL PROGRAMS.

  11. Tex. Education Code Sec. 19.0052. ADULT EDUCATION PILOT PROGRAM.

  12. Tex. Education Code Sec. 19.006. GRANTS AND FEDERAL FUNDS.

  13. Tex. Education Code Sec. 19.007. COSTS TO BE BORNE BY STATE.

  14. Tex. Education Code Sec. 19.008. ALLOCATION OF COSTS.

  15. Tex. Education Code Sec. 19.009. DISTRICT EMPLOYEES.

  16. Tex. Education Code Sec. 19.010. STRATEGIC PLAN AND ANNUAL REPORT.

  17. Tex. Education Code Sec. 19.011. COORDINATION WITH OTHER STATE AGENCIES.

  18. Tex. Education Code Sec. 19.012. POSTSECONDARY EDUCATION. The district and the department shall enter into a memorandum of understanding for postsecondary education programs to be administered by the district.

  19. Tex. Education Code Sec. 19.013. POSTSECONDARY EDUCATION ADVISORY BOARD.

Chapter 21

  1. Tex. Education Code Sec. 21.001. DEFINITIONS. In this chapter:

  2. Tex. Education Code Sec. 21.002. TEACHER EMPLOYMENT CONTRACTS.

  3. Tex. Education Code Sec. 21.003. CERTIFICATION REQUIRED.

  4. Tex. Education Code Sec. 21.0031. FAILURE TO OBTAIN CERTIFICATION; CONTRACT VOID.

  5. Tex. Education Code Sec. 21.0032. EMPLOYMENT OF UNCERTIFIED CLASSROOM TEACHERS.

  6. Tex. Education Code Sec. 21.0033. TEACHER CERTIFICATION INCENTIVE.

  7. Tex. Education Code Sec. 21.004. TEACHER RECRUITMENT PROGRAM.

  8. Tex. Education Code Sec. 21.031. PURPOSE.

  9. Tex. Education Code Sec. 21.032. DEFINITION. In this subchapter, "board" means the State Board for Educator Certification.

  10. Tex. Education Code Sec. 21.033. STATE BOARD FOR EDUCATOR CERTIFICATION.

  11. Tex. Education Code Sec. 21.034. TERMS; VACANCY.

  12. Tex. Education Code Sec. 21.035. DELEGATION AUTHORITY; ADMINISTRATION BY AGENCY.

  13. Tex. Education Code Sec. 21.036. OFFICERS. The board shall elect one of its members to serve as presiding officer for a term of two years. The presiding officer is entitled to vote on all matters before the board. The board may elect other officers from among its membership.

  14. Tex. Education Code Sec. 21.037. COMPENSATION. A board member may not receive compensation for serving on the board. A member is entitled to reimbursement for actual and necessary expenses incurred in performing functions as a member of the board, subject to any applicable limitation on reimbursement provided by the General Appropriations Act.

  15. Tex. Education Code Sec. 21.038. MEETINGS.

  16. Tex. Education Code Sec. 21.040. GENERAL POWERS AND DUTIES OF BOARD. The board shall:

  17. Tex. Education Code Sec. 21.041. RULES; FEES.

  18. Tex. Education Code Sec. 21.0411. WAIVER OR PAYMENT OF CERTAIN EXAMINATION AND CERTIFICATION FEES.

  19. Tex. Education Code Sec. 21.0412. TYPES OF TEACHING CERTIFICATES.

  20. Tex. Education Code Sec. 21.042. APPROVAL OF RULES. The State Board for Educator Certification must submit a written copy of each rule it proposes to adopt to the State Board of Education for review. The State Board of Education may reject a proposed rule by a vote of at least two-thirds of the members of the board present and voting. If the State Board of Education fails to reject a proposal before the 90th day after the date on which it receives the proposal, the proposal takes effect as a rule of the State Board for Educator Certification as provided by Chapter 2001, Government Code. The State Board of Education may not modify a rule proposed by the State Board for Educator Certification.

  21. Tex. Education Code Sec. 21.043. ACCESS TO PEIMS DATA.

  22. Tex. Education Code Sec. 21.044. EDUCATOR PREPARATION.

  23. Tex. Education Code Sec. 21.0441. ADMISSION REQUIREMENTS FOR EDUCATOR PREPARATION PROGRAMS.

  24. Tex. Education Code Sec. 21.0442. EDUCATOR PREPARATION PROGRAM FOR PROBATIONARY AND STANDARD TRADE AND INDUSTRIAL WORKFORCE TRAINING CERTIFICATES.

  25. Tex. Education Code Sec. 21.04421. TRADITIONAL TEACHER PREPARATION.

  26. Tex. Education Code Sec. 21.04422. TEACHER RESIDENCY PREPARATION.

  27. Tex. Education Code Sec. 21.04423. ALTERNATIVE TEACHER PREPARATION. In proposing rules under this subchapter regarding training requirements for a candidate who has previously earned a degree and is seeking certification through an alternative teacher preparation route, the board shall establish:

  28. Tex. Education Code Sec. 21.0443. EDUCATOR PREPARATION PROGRAM APPROVAL AND RENEWAL.

  29. Tex. Education Code Sec. 21.0444. TEMPORARY CERTIFICATION FOR CERTAIN MILITARY SERVICE MEMBERS AND FIRST RESPONDERS.

  30. Tex. Education Code Sec. 21.045. ACCOUNTABILITY SYSTEM FOR EDUCATOR PREPARATION PROGRAMS.

  31. Tex. Education Code Sec. 21.0451. SANCTIONS UNDER ACCOUNTABILITY SYSTEM FOR EDUCATOR PREPARATION PROGRAMS.

  32. Tex. Education Code Sec. 21.0452. CONSUMER INFORMATION REGARDING EDUCATOR PREPARATION PROGRAMS.

  33. Tex. Education Code Sec. 21.0453. INFORMATION FOR CANDIDATES FOR TEACHER CERTIFICATION.

  34. Tex. Education Code Sec. 21.0454. RISK FACTORS FOR EDUCATOR PREPARATION PROGRAMS; RISK-ASSESSMENT MODEL.

  35. Tex. Education Code Sec. 21.0455. COMPLAINTS REGARDING EDUCATOR PREPARATION PROGRAMS.

  36. Tex. Education Code Sec. 21.046. QUALIFICATIONS FOR CERTIFICATION AS SUPERINTENDENT OR PRINCIPAL.

  37. Tex. Education Code Sec. 21.0462. QUALIFICATIONS FOR CERTIFICATION AS SCHOOL COUNSELOR. The qualifications for certification as a school counselor may not include a requirement that a candidate for certification have experience as a classroom teacher.

  38. Tex. Education Code Sec. 21.047. CENTERS FOR PROFESSIONAL DEVELOPMENT OF TEACHERS.

  39. Tex. Education Code Sec. 21.048. CERTIFICATION EXAMINATIONS.

  40. Tex. Education Code Sec. 21.0485. CERTIFICATION TO TEACH STUDENTS WITH VISUAL IMPAIRMENTS.

  41. Tex. Education Code Sec. 21.0486. TECHNOLOGY APPLICATIONS CERTIFICATION. A person who holds a technology applications certificate issued under this subchapter may, in addition to teaching technology applications courses as authorized under the certificate, teach courses in:

  42. Tex. Education Code Sec. 21.0487. JUNIOR RESERVE OFFICER TRAINING CORPS TEACHER CERTIFICATION.

  43. Tex. Education Code Sec. 21.0488. TRADES AND INDUSTRIES EDUCATION CERTIFICATION FOR MILITARY PERSONNEL.

  44. Tex. Education Code Sec. 21.0489. EARLY CHILDHOOD CERTIFICATION.

  45. Tex. Education Code Sec. 21.04891. BILINGUAL SPECIAL EDUCATION CERTIFICATION.

  46. Tex. Education Code Sec. 21.04893. BILINGUAL TARGET LANGUAGE PROFICIENCY TEST. The board shall propose rules to allow a person seeking certification under this subchapter who fails to perform satisfactorily on the Bilingual Target Language Proficiency Test to:

  47. Tex. Education Code Sec. 21.049. ALTERNATIVE EDUCATOR PREPARATION PROGRAMS.

  48. Tex. Education Code Sec. 21.0491. PROBATIONARY AND STANDARD TRADE AND INDUSTRIAL WORKFORCE TRAINING CERTIFICATES.

  49. Tex. Education Code Sec. 21.050. ACADEMIC DEGREE REQUIRED FOR TEACHING CERTIFICATE; FIELD-BASED EXPERIENCE OR INTERNSHIP.

  50. Tex. Education Code Sec. 21.051. RULES REGARDING FIELD-BASED EXPERIENCE AND OPTIONS FOR FIELD EXPERIENCE AND INTERNSHIPS.

  51. Tex. Education Code Sec. 21.052. CERTIFICATION OF EDUCATORS FROM OUTSIDE THE STATE.

  52. Tex. Education Code Sec. 21.0521. TEMPORARY CERTIFICATION OF EDUCATORS FROM OUTSIDE THIS STATE.

  53. Tex. Education Code Sec. 21.0525. CERTIFICATION OF CERTAIN MILITARY INSTRUCTORS; TEMPORARY TEACHING CERTIFICATE.

  54. Tex. Education Code Sec. 21.053. PRESENTATION AND RECORDING OF CERTIFICATES.

  55. Tex. Education Code Sec. 21.054. CONTINUING EDUCATION.

  56. Tex. Education Code Sec. 21.0541. CONTINUING EDUCATION CREDIT FOR INSTRUCTION RELATED TO USE OF AUTOMATED EXTERNAL DEFIBRILLATOR. The board shall adopt rules allowing an educator to receive credit towards the educator's continuing education requirements for completion of an instructional course on the use of an automated external defibrillator that meets any guidelines for automated external defibrillator training approved by the board.

  57. Tex. Education Code Sec. 21.0543. CONTINUING EDUCATION CREDIT FOR INSTRUCTION RELATED TO DIGITAL TECHNOLOGY. The board shall propose rules allowing an educator to receive credit toward the educator's continuing education requirements for completion of education courses that:

  58. Tex. Education Code Sec. 21.055. SCHOOL DISTRICT TEACHING PERMIT.

  59. Tex. Education Code Sec. 21.056. ADDITIONAL CERTIFICATION. The board by rule shall provide for a certified educator to qualify for additional certification to teach at a grade level or in a subject area not covered by the educator's certificate upon satisfactory completion of an examination or other assessment of the educator's qualification.

  60. Tex. Education Code Sec. 21.057. PARENTAL NOTIFICATION.

  61. Tex. Education Code Sec. 21.0581. REVOCATION FOR ASSISTING PERSON WHO ENGAGED IN SEXUAL MISCONDUCT OBTAIN EMPLOYMENT.

  62. Tex. Education Code Sec. 21.0585. NOTICE TO AGENCY REGARDING REVOCATION OF CERTIFICATE OR PERMIT FOR CERTAIN MISCONDUCT. The board shall promptly notify the agency for purposes of Section 22A.151 if the board revokes a certificate or permit of a person on a finding that the person engaged in misconduct described by Section 22A.051(a)(2)(A), (B), (C), or (D).

  63. Tex. Education Code Sec. 21.059. EXTENSION OF CERTAIN DEADLINES FOR ACTIVE DUTY MILITARY PERSONNEL. A person who holds a certificate or permit under this subchapter who is a member of the state military forces or a reserve component of the armed forces of the United States and who is ordered to active duty by proper authority is entitled to an additional amount of time, equal to the total number of years or parts of years that the educator serves on active duty, to complete:

  64. Tex. Education Code Sec. 21.060. ELIGIBILITY OF PERSONS CONVICTED OF CERTAIN OFFENSES. The board may suspend or revoke the certificate or permit held by a person under this subchapter, impose other sanctions against the person, or refuse to issue a certificate or permit to a person under this subchapter if the person has been convicted of a felony or misdemeanor offense relating to the duties and responsibilities of the education profession, including:

  65. Tex. Education Code Sec. 21.061. REVIEW AND UPDATING OF EDUCATOR PREPARATION PROGRAMS. The board shall, after consulting with appropriate higher education faculty and public school teachers and administrators and soliciting advice from other interested persons with relevant knowledge and experience, develop and carry out a process for reviewing and, as necessary, updating standards and requirements for educator preparation programs.

  66. Tex. Education Code Sec. 21.063. TEACHER DESIGNATIONS ON CERTIFICATE. The board shall place on or remove from a teacher's certificate the appropriate designation issued to the teacher under Section 21.3521:

  67. Tex. Education Code Sec. 21.064. LEGACY MASTER TEACHER CERTIFICATIONS.

  68. Tex. Education Code Sec. 21.065. NOTICE TO TEACHER REGARDING SUSPENSION OF CERTIFICATE OR PERMIT.

  69. Tex. Education Code Sec. 21.067. EDUCATOR PREPARATION MATERIALS AND TRAINING.

  70. Tex. Education Code Sec. 21.101. DEFINITION. In this subchapter, "teacher" means a principal, supervisor, classroom teacher, school counselor, or other full-time professional employee who is required to hold a certificate issued under Subchapter B or a nurse. The term does not include a superintendent or a person who is not entitled to a probationary, continuing, or term contract under Section 21.002, an existing contract, or district policy.

  71. Tex. Education Code Sec. 21.102. PROBATIONARY CONTRACT.

  72. Tex. Education Code Sec. 21.103. PROBATIONARY CONTRACT: TERMINATION.

  73. Tex. Education Code Sec. 21.104. DISCHARGE DURING YEAR OR SUSPENSION WITHOUT PAY UNDER PROBATIONARY CONTRACT.

  74. Tex. Education Code Sec. 21.1041. HEARING UNDER PROBATIONARY CONTRACT. A teacher is entitled to:

  75. Tex. Education Code Sec. 21.105. RESIGNATIONS UNDER PROBATIONARY CONTRACT.

  76. Tex. Education Code Sec. 21.106. RETURN TO PROBATIONARY STATUS.

  77. Tex. Education Code Sec. 21.151. DEFINITION. In this subchapter, "teacher" has the meaning assigned by Section 21.101.

  78. Tex. Education Code Sec. 21.152. CONTINUING CONTRACT. A continuing contract must be in writing and must include the terms of employment prescribed by this subchapter and any other appropriate provisions consistent with this subchapter.

  79. Tex. Education Code Sec. 21.153. CONVERSION OF PROBATIONARY CONTRACT TO CONTINUING CONTRACT.

  80. Tex. Education Code Sec. 21.154. STATUS UNDER CONTINUING CONTRACT. Each teacher employed under a continuing contract is entitled to continue in the teacher's position or a position with the school district for future school years without the necessity for annual nomination or reappointment until the person:

  81. Tex. Education Code Sec. 21.155. ADMINISTRATIVE PERSONNEL UNDER CONTINUING CONTRACT. The district may grant to a person who has served as principal or in another administrative position for which certification is required, at the completion of the person's service in that capacity, a continuing contract to serve as a teacher if the person qualifies for that position under criteria adopted by the board of trustees. The period of service in an administrative capacity is construed as contract service as a teacher within the meaning of this subchapter.

  82. Tex. Education Code Sec. 21.156. DISCHARGE OR SUSPENSION WITHOUT PAY UNDER CONTINUING CONTRACT.

  83. Tex. Education Code Sec. 21.157. NECESSARY REDUCTION OF PERSONNEL. A teacher employed under a continuing contract may be released at the end of a school year and the teacher's employment with the school district terminated at that time because of a necessary reduction of personnel by the school district, with those reductions made primarily based upon teacher appraisals administered under Section 21.352 in the specific teaching fields and other criteria as determined by the board.

  84. Tex. Education Code Sec. 21.158. NOTICE UNDER CONTINUING CONTRACT.

  85. Tex. Education Code Sec. 21.159. HEARING UNDER CONTINUING CONTRACT.

  86. Tex. Education Code Sec. 21.160. RESIGNATION UNDER CONTINUING CONTRACT.

  87. Tex. Education Code Sec. 21.201. DEFINITIONS. In this subchapter:

  88. Tex. Education Code Sec. 21.202. PROBATIONARY CONTRACT REQUIRED.

  89. Tex. Education Code Sec. 21.203. EMPLOYMENT POLICIES.

  90. Tex. Education Code Sec. 21.204. TERM CONTRACT.

  91. Tex. Education Code Sec. 21.205. TERM OF CONTRACT. Once a teacher has completed the probationary contract period, the term of a contract under this subchapter may not exceed five school years.

  92. Tex. Education Code Sec. 21.206. NOTICE OF CONTRACT RENEWAL OR NONRENEWAL.

  93. Tex. Education Code Sec. 21.207. HEARING UNDER TERM CONTRACT.

  94. Tex. Education Code Sec. 21.208. DECISION OF BOARD.

  95. Tex. Education Code Sec. 21.209. APPEAL. A teacher who is aggrieved by a decision of a board of trustees on the nonrenewal of the teacher's term contract may appeal to the commissioner for a review of the decision of the board of trustees in accordance with the provisions of Subchapter G. The commissioner may not substitute the commissioner's judgment for that of the board of trustees unless the board's decision was arbitrary, capricious, unlawful, or not supported by substantial evidence.

  96. Tex. Education Code Sec. 21.210. RESIGNATION UNDER TERM CONTRACT.

  97. Tex. Education Code Sec. 21.211. TERMINATION OR SUSPENSION.

  98. Tex. Education Code Sec. 21.212. APPLICABILITY OF SUBCHAPTER TO SUPERINTENDENTS.

  99. Tex. Education Code Sec. 21.213. NONAPPLICABILITY OF SUBCHAPTER. Except as provided by Section 21.202, this subchapter does not apply to a teacher employed under a probationary contract in accordance with Subchapter C or a continuing contract in accordance with Subchapter D.

  100. Tex. Education Code Sec. 21.251. APPLICABILITY.

  101. Tex. Education Code Sec. 21.252. CERTIFICATION OF HEARING EXAMINERS.

  102. Tex. Education Code Sec. 21.253. REQUEST FOR HEARING.

  103. Tex. Education Code Sec. 21.254. ASSIGNMENT OF HEARING EXAMINER.

  104. Tex. Education Code Sec. 21.255. HEARINGS BEFORE HEARING EXAMINER.

  105. Tex. Education Code Sec. 21.256. CONDUCT OF HEARING.

  106. Tex. Education Code Sec. 21.257. RECOMMENDATION OF HEARING EXAMINER.

  107. Tex. Education Code Sec. 21.258. CONSIDERATION OF RECOMMENDATION BY BOARD OF TRUSTEES OR BOARD SUBCOMMITTEE.

  108. Tex. Education Code Sec. 21.259. DECISION OF BOARD OF TRUSTEES OR BOARD SUBCOMMITTEE.

  109. Tex. Education Code Sec. 21.260. RECORDING OF BOARD MEETING AND ANNOUNCEMENT. A certified shorthand reporter shall record the oral argument under Section 21.258 and the announcement of the decision under Section 21.259. The school district shall bear the cost of the services of the certified shorthand reporter.

  110. Tex. Education Code Sec. 21.301. APPEAL TO COMMISSIONER.

  111. Tex. Education Code Sec. 21.302. EVIDENTIARY HEARING BEFORE COMMISSIONER.

  112. Tex. Education Code Sec. 21.303. DETERMINATION BY COMMISSIONER.

  113. Tex. Education Code Sec. 21.304. DECISION OF COMMISSIONER.

  114. Tex. Education Code Sec. 21.3041. REHEARING BY COMMISSIONER.

  115. Tex. Education Code Sec. 21.305. COSTS ON APPEAL TO COMMISSIONER.

  116. Tex. Education Code Sec. 21.306. EX PARTE COMMUNICATIONS PROHIBITED. The commissioner and the staff of the agency may not communicate with any party or any party's representative in connection with any issue of fact or law except on notice and opportunity for each party to participate.

  117. Tex. Education Code Sec. 21.307. JUDICIAL APPEALS.

  118. Tex. Education Code Sec. 21.351. RECOMMENDED APPRAISAL PROCESS AND PERFORMANCE CRITERIA.

  119. Tex. Education Code Sec. 21.352. LOCAL ROLE.

  120. Tex. Education Code Sec. 21.3521. LOCAL OPTIONAL TEACHER DESIGNATION SYSTEM.

  121. Tex. Education Code Sec. 21.3522. LOCAL OPTIONAL TEACHER DESIGNATION SYSTEM GRANT PROGRAM.

  122. Tex. Education Code Sec. 21.3523. REVIEW AND AUTHORIZATION OF NATIONALLY BOARD CERTIFIED TEACHER DESIGNATION.

  123. Tex. Education Code Sec. 21.353. APPRAISAL ON BASIS OF CLASSROOM TEACHING PERFORMANCE. A teacher who directs extracurricular activities in addition to performing classroom teaching duties shall be appraised only on the basis of classroom teaching performance and not on performance in connection with the extracurricular activities.

  124. Tex. Education Code Sec. 21.354. APPRAISAL OF CERTAIN ADMINISTRATORS.

  125. Tex. Education Code Sec. 21.3541. APPRAISAL AND PROFESSIONAL DEVELOPMENT SYSTEM FOR PRINCIPALS.

  126. Tex. Education Code Sec. 21.355. CONFIDENTIALITY.

  127. Tex. Education Code Sec. 21.356. EVALUATION OF SCHOOL COUNSELORS. The commissioner shall develop and periodically update a job description and an evaluation form for use by school districts in evaluating school counselors. The commissioner shall consult with state guidance counselor associations in the development and modification of the job description and the evaluation form.

  128. Tex. Education Code Sec. 21.357. PERFORMANCE INCENTIVES.

  129. Tex. Education Code Sec. 21.401. MINIMUM SERVICE REQUIRED.

  130. Tex. Education Code Sec. 21.402. MINIMUM SALARY SCHEDULE FOR CERTAIN PROFESSIONAL STAFF.

  131. Tex. Education Code Sec. 21.4021. FURLOUGHS.

  132. Tex. Education Code Sec. 21.4022. REQUIRED PROCESS FOR DEVELOPMENT OF FURLOUGH PROGRAM OR OTHER SALARY REDUCTION PROPOSAL.

  133. Tex. Education Code Sec. 21.403. PLACEMENT ON MINIMUM SALARY SCHEDULE.

  134. Tex. Education Code Sec. 21.4031. PROFESSIONAL STAFF SERVICE RECORDS.

  135. Tex. Education Code Sec. 21.4032. REDUCTIONS IN SALARIES OF CLASSROOM TEACHERS AND ADMINISTRATORS.

  136. Tex. Education Code Sec. 21.404. PLANNING AND PREPARATION TIME. Each classroom teacher is entitled to at least 450 minutes within each two-week period for instructional preparation, including parent-teacher conferences, evaluating students' work, and planning. A planning and preparation period under this section may not be less than 45 minutes within the instructional day. During a planning and preparation period, a classroom teacher may not be required to participate in any other activity.

  137. Tex. Education Code Sec. 21.4045. PLANNING AND NONINSTRUCTIONAL DUTIES OF TEACHERS.

  138. Tex. Education Code Sec. 21.405. DUTY-FREE LUNCH.

  139. Tex. Education Code Sec. 21.406. DENIAL OF COMPENSATION BASED ON ABSENCE FOR RELIGIOUS OBSERVANCE PROHIBITED. A school district may not deny an educator a salary bonus or similar compensation given in whole or in part on the basis of educator attendance because of the educator's absence from school for observance of a holy day observed by a religion whose places of worship are exempt from property taxation under Section 11.20, Tax Code.

  140. Tex. Education Code Sec. 21.407. REQUIRING OR COERCING TEACHERS TO JOIN GROUPS, CLUBS, COMMITTEES, OR ORGANIZATIONS: POLITICAL AFFAIRS.

  141. Tex. Education Code Sec. 21.408. RIGHT TO JOIN OR NOT TO JOIN PROFESSIONAL ASSOCIATION. This chapter does not abridge the right of an educator to join any professional association or organization or refuse to join any professional association or organization.

  142. Tex. Education Code Sec. 21.409. LEAVE OF ABSENCE FOR TEMPORARY DISABILITY.

  143. Tex. Education Code Sec. 21.414. CLASSROOM SUPPLY REIMBURSEMENT PROGRAM.

  144. Tex. Education Code Sec. 21.415. EMPLOYMENT CONTRACTS.

  145. Tex. Education Code Sec. 21.417. RESOURCES, INCLUDING LIABILITY INSURANCE, FOR CLASSROOM TEACHERS.

  146. Tex. Education Code Sec. 21.418. ELECTION BY TEACHER TO USE UNPAID LEAVE. The board of trustees of a school district shall adopt a policy that provides a classroom teacher employed by the district the option to elect not to take the teacher's paid personal leave concurrently with unpaid leave the teacher is entitled to take under the Family and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.) for an absence due to pregnancy or the birth or adoption of a child.

  147. Tex. Education Code Sec. 21.451. STAFF DEVELOPMENT REQUIREMENTS.

  148. Tex. Education Code Sec. 21.4511. PROFESSIONAL DEVELOPMENT ACTIVITIES FOR TEACHERS AND ADMINISTRATORS.

  149. Tex. Education Code Sec. 21.4513. PROFESSIONAL DEVELOPMENT REQUIREMENTS AUDIT.

  150. Tex. Education Code Sec. 21.4514. CONTINUING EDUCATION AND TRAINING CLEARINGHOUSE; ADVISORY GROUP.

  151. Tex. Education Code Sec. 21.4515. ANNUAL ADOPTION OF PROFESSIONAL DEVELOPMENT POLICY.

  152. Tex. Education Code Sec. 21.452. DEVELOPMENTAL LEAVES OF ABSENCE.

  153. Tex. Education Code Sec. 21.453. STAFF DEVELOPMENT ACCOUNT.

  154. Tex. Education Code Sec. 21.4552. TEACHER LITERACY ACHIEVEMENT AND READING INTERVENTION ACADEMIES.

  155. Tex. Education Code Sec. 21.4553. TEACHER MATHEMATICS ACHIEVEMENT AND INTERVENTIONIST ACADEMIES.

  156. Tex. Education Code Sec. 21.4555. CIVICS TRAINING PROGRAM.

  157. Tex. Education Code Sec. 21.4556. CIVICS TRAINING PROGRAM ADVISORY BOARD.

  158. Tex. Education Code Sec. 21.456. SCIENCE TRAINING.

  159. Tex. Education Code Sec. 21.457. TRAINING FOR TEACHERS OF EMERGENT BILINGUAL STUDENTS. The commissioner shall develop and make available training materials and other teacher training resources to assist teachers in developing the expertise required to enable emergent bilingual students to meet state performance expectations.

  160. Tex. Education Code Sec. 21.4571. TEXAS ENGLISH LANGUAGE PROFICIENCY ASSESSMENT SYSTEM TRAINING.

  161. Tex. Education Code Sec. 21.458. MENTORS.

  162. Tex. Education Code Sec. 21.459. BIBLE COURSE TRAINING.

  163. Tex. Education Code Sec. 21.462. RESOURCES REGARDING STUDENTS WITH MENTAL HEALTH OR SUBSTANCE ABUSE CONDITIONS. The agency, in coordination with the Health and Human Services Commission, shall establish and maintain an Internet website to provide resources for school district or open-enrollment charter school employees regarding working with students with mental health conditions or who engage in substance abuse. The agency must include on the Internet website information about:

  164. Tex. Education Code Sec. 21.464. PREKINDERGARTEN TEACHER TRAINING COURSE.

  165. Tex. Education Code Sec. 21.465. AUTISM TRAINING.

  166. Tex. Education Code Sec. 21.466. TEACHER QUALITY ASSISTANCE.

  167. Tex. Education Code Sec. 21.468. TEACHER POSITION INFORMATION. The agency shall collect data from school districts and open-enrollment charter schools to address teacher retention and recruitment, including the classifications, grade levels, subject areas, duration, and other relevant information regarding vacant teaching positions at districts and schools. The data may be collected through the Public Education Information Management System

  168. Tex. Education Code Sec. 21.501. DEFINITION. In this subchapter, "program" means the Texas Troops to Teachers Program.

  169. Tex. Education Code Sec. 21.502. ESTABLISHMENT OF PROGRAM. The agency shall establish a program to:

  170. Tex. Education Code Sec. 21.503. ELIGIBILITY. A person is eligible for the program if the person:

  171. Tex. Education Code Sec. 21.504. INFORMATION AND APPLICATIONS.

  172. Tex. Education Code Sec. 21.505. SELECTION OF PARTICIPANTS.

  173. Tex. Education Code Sec. 21.506. LIMITATION ON IMPLEMENTATION. The agency may not select a person to participate in the program unless the agency has sufficient state appropriations to pay the stipend provided by Section 21.509 at the time of the selection.

  174. Tex. Education Code Sec. 21.507. PREFERENCES.

  175. Tex. Education Code Sec. 21.508. AGREEMENT. A person selected to participate in the program must enter into a written agreement with the agency under which the person agrees to:

  176. Tex. Education Code Sec. 21.509. STIPEND. The agency shall pay to each participant in the program a stipend of $5,000.

  177. Tex. Education Code Sec. 21.510. REIMBURSEMENT.

  178. Tex. Education Code Sec. 21.511. RULES. The commissioner shall adopt rules to implement this subchapter.

  179. Tex. Education Code Sec. 21.551. PURPOSES. The purposes of the alternative certification Teach for Texas Pilot Program are to:

  180. Tex. Education Code Sec. 21.552. PROGRAM ESTABLISHED. The State Board for Educator Certification by rule shall establish the Teach for Texas Pilot Program consistent with the purposes provided by Section 21.551.

  181. Tex. Education Code Sec. 21.553. FINANCIAL INCENTIVES.

  182. Tex. Education Code Sec. 21.601. DEFINITIONS. In this subchapter:

  183. Tex. Education Code Sec. 21.602. ESTABLISHMENT OF PROGRAM. The agency shall establish a program to:

  184. Tex. Education Code Sec. 21.603. ELIGIBILITY. A person is eligible for the program if:

  185. Tex. Education Code Sec. 21.604. INFORMATION AND APPLICATIONS.

  186. Tex. Education Code Sec. 21.605. SELECTION OF PARTICIPANTS.

  187. Tex. Education Code Sec. 21.606. PREFERENCES.

  188. Tex. Education Code Sec. 21.607. AGREEMENT.

  189. Tex. Education Code Sec. 21.608. STIPEND. The agency shall pay to each participant in the program a stipend equal to the lesser of:

  190. Tex. Education Code Sec. 21.609. REIMBURSEMENT.

  191. Tex. Education Code Sec. 21.610. GRANTS TO FACILITATE PLACEMENT.

  192. Tex. Education Code Sec. 21.611. RULES. The commissioner shall adopt rules to implement this subchapter.

  193. Tex. Education Code Sec. 21.701. DEFINITION. In this subchapter, "program" means the educator excellence innovation program.

  194. Tex. Education Code Sec. 21.7011. PURPOSES. The purposes of the educator excellence innovation program are to:

  195. Tex. Education Code Sec. 21.702. EDUCATOR EXCELLENCE INNOVATION PROGRAM.

  196. Tex. Education Code Sec. 21.703. AMOUNT OF GRANT AWARD.

  197. Tex. Education Code Sec. 21.704. LOCAL EDUCATOR EXCELLENCE INNOVATION PLANS.

  198. Tex. Education Code Sec. 21.706. INNOVATION PLAN PAYMENTS; AUTHORIZED GENERAL AND SPECIFIC USES. A school district may use grant funds awarded to the district under this subchapter only to carry out purposes of the program as described by Section 21.7011, in accordance with the district's local educator excellence innovation plan, which may include the following specific methods or procedures:

  199. Tex. Education Code Sec. 21.7061. IMPLEMENTATION FLEXIBILITY.

  200. Tex. Education Code Sec. 21.707. RULES. The commissioner shall adopt rules necessary to administer this subchapter.

  201. Tex. Education Code Sec. 21.901. DEFINITIONS. In this subchapter:

  202. Tex. Education Code Sec. 21.902. PREPARING AND RETAINING EDUCATORS THROUGH PARTNERSHIP PRESERVICE PROGRAMS.

  203. Tex. Education Code Sec. 21.903. PREPARING AND RETAINING EDUCATORS THROUGH PARTNERSHIP TRADITIONAL PRESERVICE PROGRAM.

  204. Tex. Education Code Sec. 21.904. PREPARING AND RETAINING EDUCATORS THROUGH PARTNERSHIP RESIDENCY PRESERVICE PROGRAM.

  205. Tex. Education Code Sec. 21.905. PREPARING AND RETAINING EDUCATORS THROUGH PARTNERSHIP ALTERNATIVE PRESERVICE PROGRAM.

  206. Tex. Education Code Sec. 21.906. PREPARING AND RETAINING EDUCATORS THROUGH PARTNERSHIP GROW YOUR OWN PARTNERSHIP PROGRAM.

  207. Tex. Education Code Sec. 21.907. PREPARING AND RETAINING EDUCATORS THROUGH PARTNERSHIP MENTORSHIP PROGRAM.

  208. Tex. Education Code Sec. 21.908. EDUCATOR PREPARATION PROGRAM SUPPORT. The agency shall develop and maintain a program to assist educator preparation programs in implementing this subchapter.

  209. Tex. Education Code Sec. 21.909. PROGRAM STANDARDS AND PERFORMANCE GOALS.

  210. Tex. Education Code Sec. 21.910. AUTHORITY TO ACCEPT CERTAIN MONEY. The commissioner may solicit and accept gifts, grants, and donations from public and private entities to use for the purposes of this subchapter.

  211. Tex. Education Code Sec. 21.911. RULES. The commissioner shall adopt rules as necessary to implement this subchapter.

Chapter 22

  1. Tex. Education Code Sec. 22.001. SALARY DEDUCTIONS FOR PROFESSIONAL OR OTHER DUES.

  2. Tex. Education Code Sec. 22.002. ASSIGNMENT, TRANSFER, OR PLEDGE OF COMPENSATION.

  3. Tex. Education Code Sec. 22.003. MINIMUM PERSONAL LEAVE PROGRAM.

  4. Tex. Education Code Sec. 22.004. GROUP HEALTH BENEFITS FOR SCHOOL EMPLOYEES.

  5. Tex. Education Code Sec. 22.005. HEALTH CARE PLAN AND FUND.

  6. Tex. Education Code Sec. 22.006. DISCRIMINATION BASED ON JURY SERVICE PROHIBITED.

  7. Tex. Education Code Sec. 22.007. INCENTIVES FOR EARLY RETIREMENT. A district may not offer or provide a financial or other incentive to an employee of the district to encourage the employee to retire from the Teacher Retirement System of Texas.

  8. Tex. Education Code Sec. 22.011. REQUIRING OR COERCING EMPLOYEES TO MAKE CHARITABLE CONTRIBUTIONS.

  9. Tex. Education Code Sec. 22.012. RELIGIOUS SPEECH OR PRAYER. The right of an employee of a school district or open-enrollment charter school to engage in religious speech or prayer while on duty may not be infringed on by the district or school or another state governmental entity, unless the infringement is:

  10. Tex. Education Code Sec. 22.051. DEFINITION; OTHER IMMUNITY.

  11. Tex. Education Code Sec. 22.0511. IMMUNITY FROM LIABILITY.

  12. Tex. Education Code Sec. 22.0512. IMMUNITY FROM DISCIPLINARY PROCEEDINGS FOR PROFESSIONAL EMPLOYEES.

  13. Tex. Education Code Sec. 22.05121. IMMUNITY FROM DISCIPLINARY PROCEEDINGS FOR ACTIONS RELATED TO DISCIPLINE AND LAW AND ORDER.

  14. Tex. Education Code Sec. 22.05125. IMMUNITY FROM DISCIPLINARY PROCEEDINGS FOR CLASSROOM TEACHERS.

  15. Tex. Education Code Sec. 22.0513. NOTICE OF CLAIM.

  16. Tex. Education Code Sec. 22.0514. EXHAUSTION OF REMEDIES. A person may not file suit against a professional employee of a school district unless the person has exhausted the remedies provided by the school district for resolving the complaint.

  17. Tex. Education Code Sec. 22.0515. LIMITATION ON DAMAGES. The liability of a professional employee of a school district or of an individual that is entitled to any immunity and other protections afforded under the Paul D. Coverdell Teacher Protection Act of 2001 (20 U.S.C. Section 6731 et seq.), as amended, for an act incident to or within the scope of duties of the employee's position of employment may not exceed $100,000. The limitation on liability provided by this subsection does not apply to any attorney's fees or court costs that may be awarded against the professional employee under Section 22.0517.

  18. Tex. Education Code Sec. 22.0516. ALTERNATIVE DISPUTE RESOLUTION. A court in which a judicial proceeding is being brought against a professional employee of a school district may refer the case to an alternative dispute resolution procedure as described by Chapter 154, Civil Practice and Remedies Code.

  19. Tex. Education Code Sec. 22.0517. RECOVERY OF ATTORNEY'S FEES IN ACTION AGAINST PROFESSIONAL EMPLOYEE. In an action against a professional employee of a school district involving an act that is incidental to or within the scope of duties of the employee's position of employment and brought against the employee in the employee's individual capacity, the employee is entitled to recover attorney's fees and court costs from the plaintiff if the employee is found immune from liability under this subchapter.

  20. Tex. Education Code Sec. 22.052. ADMINISTRATION OF MEDICATION BY SCHOOL DISTRICT, OPEN-ENROLLMENT CHARTER SCHOOL, OR PRIVATE SCHOOL EMPLOYEES OR VOLUNTEER PROFESSIONALS; IMMUNITY FROM LIABILITY.

  21. Tex. Education Code Sec. 22.053. SCHOOL DISTRICT VOLUNTEERS.

  22. Tex. Education Code Sec. 22.054. LIABILITY OF CERTAIN INSTITUTIONS OF HIGHER EDUCATION.

  23. Tex. Education Code Sec. 22.055. FRIVOLOUS SUIT AGAINST EMPLOYEE. A court may award costs and reasonable attorney's fees to a school district employee acting under color of employment to the same extent that a court may award costs and attorney's fees to a school district or school district officer under Section 11.161.

  24. Tex. Education Code Sec. 22.081. DEFINITIONS. In this subchapter:

  25. Tex. Education Code Sec. 22.0815. APPLICABILITY OF SUBCHAPTER TO DISTRICTS OF INNOVATION AND OTHER CHARTER ENTITIES.

  26. Tex. Education Code Sec. 22.082. ACCESS TO CRIMINAL HISTORY RECORDS BY STATE BOARD FOR EDUCATOR CERTIFICATION. The State Board for Educator Certification shall subscribe to the criminal history clearinghouse as provided by Section 411.0845, Government Code, and may obtain from any law enforcement or criminal justice agency all criminal history record information and all records contained in any closed criminal investigation file that relate to a specific applicant for or holder of a certificate issued under Subchapter B, Chapter 21.

  27. Tex. Education Code Sec. 22.0825. ACCESS TO CRIMINAL HISTORY RECORDS BY TEXAS EDUCATION AGENCY.

  28. Tex. Education Code Sec. 22.083. ACCESS TO CRIMINAL HISTORY RECORDS OF EMPLOYEES BY LOCAL AND REGIONAL EDUCATION AUTHORITIES.

  29. Tex. Education Code Sec. 22.0831. NATIONAL CRIMINAL HISTORY RECORD INFORMATION REVIEW OF CERTIFIED EDUCATORS.

  30. Tex. Education Code Sec. 22.0832. NATIONAL CRIMINAL HISTORY RECORD INFORMATION REVIEW OF CERTAIN OPEN-ENROLLMENT CHARTER SCHOOL EMPLOYEES.

  31. Tex. Education Code Sec. 22.0833. NATIONAL CRIMINAL HISTORY RECORD INFORMATION REVIEW OF NONCERTIFIED EMPLOYEES.

  32. Tex. Education Code Sec. 22.0834. CRIMINAL HISTORY RECORD INFORMATION REVIEW OF CERTAIN CONTRACT EMPLOYEES.

  33. Tex. Education Code Sec. 22.0835. ACCESS TO CRIMINAL HISTORY RECORDS OF STUDENT TEACHERS AND VOLUNTEERS BY LOCAL AND REGIONAL EDUCATION AUTHORITIES.

  34. Tex. Education Code Sec. 22.0836. NATIONAL CRIMINAL HISTORY RECORD INFORMATION REVIEW OF SUBSTITUTE TEACHERS.

  35. Tex. Education Code Sec. 22.08361. NATIONAL CRIMINAL HISTORY RECORD INFORMATION REVIEW OF CERTAIN PRIVATE SCHOOL EMPLOYEES.

  36. Tex. Education Code Sec. 22.0837. FEE FOR NATIONAL CRIMINAL HISTORY RECORD INFORMATION. The agency by rule shall require a person submitting to a national criminal history record information review under Section 22.0832, 22.0833, or 22.0836 to pay a fee for the review in an amount not to exceed the amount of any fee imposed on an applicant for certification under Subchapter B, Chapter 21, for a national criminal history record information review under Section 22.0831. The agency or the department may require an entity authorized to collect information for a national criminal history record information review to collect the fee required under this section and to remit the funds collected to the agency.

  37. Tex. Education Code Sec. 22.08391. CONFIDENTIALITY OF INFORMATION.

  38. Tex. Education Code Sec. 22.084. ACCESS TO CRIMINAL HISTORY RECORDS OF SCHOOL BUS DRIVERS, BUS MONITORS, AND BUS AIDES.

  39. Tex. Education Code Sec. 22.086. LIABILITY FOR REPORTING OFFENSES. The State Board for Educator Certification, a school district, an open-enrollment charter school, a private school, a regional education service center, a shared services arrangement, or an employee of the board, district, school, service center, or shared services arrangement is not civilly or criminally liable for making a report required under this subchapter.

  40. Tex. Education Code Sec. 22.087. NOTIFICATION TO STATE BOARD FOR EDUCATOR CERTIFICATION. The superintendent of a school district or the director of an open-enrollment charter school, private school, regional education service center, or shared services arrangement shall promptly notify the State Board for Educator Certification in writing if:

  41. Tex. Education Code Sec. 22.092. REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS.

  42. Tex. Education Code Sec. 22.101. DEFINITIONS. In this subchapter:

  43. Tex. Education Code Sec. 22.102. AUTHORITY TO ADOPT RULES; OTHER AUTHORITY.

  44. Tex. Education Code Sec. 22.103. DESIGNATION OF COMPENSATION AS HEALTH CARE SUPPLEMENTATION.

  45. Tex. Education Code Sec. 22.104. FUNDS HELD IN TRUST. All funds received by a district, other educational district, participating charter school, or regional education service center under this subchapter are held in trust for the benefit of the employees on whose behalf the district, school, or service center received the funds.

  46. Tex. Education Code Sec. 22.105. WRITTEN ELECTION REQUIRED. Each school year, an active employee must elect in writing whether to designate a portion of the employee's compensation to be used as health care supplementation under this subchapter. An election under this section must be made at the same time at which the employee elects to participate in a cafeteria plan, if applicable.

  47. Tex. Education Code Sec. 22.106. USE OF DESIGNATED COMPENSATION. An employee may use compensation designated for health care supplementation under this subchapter for any employee benefit, including depositing the designated amount into a cafeteria plan in which the employee is enrolled or using the designated amount for health care premiums through a premium conversion plan.

  48. Tex. Education Code Sec. 22.107. WAGE INCREASE FOR SUPPORT STAFF.

  49. Tex. Education Code Sec. 22.901. UNLAWFUL INQUIRY INTO RELIGIOUS AFFILIATION.

  50. Tex. Education Code Sec. 22.902. INSTRUCTION RELATED TO CARDIOPULMONARY RESUSCITATION AND USE OF AUTOMATED EXTERNAL DEFIBRILLATOR.

  51. Tex. Education Code Sec. 22.904. MENTAL HEALTH TRAINING.

Chapter 23

  1. Tex. Education Code Sec. 23.001. SCHOOL CHAPLAINS.

Chapter 25

  1. Tex. Education Code Sec. 25.001. ADMISSION.

  2. Tex. Education Code Sec. 25.0011. CERTAIN INCARCERATED CHILDREN.

  3. Tex. Education Code Sec. 25.002. REQUIREMENTS FOR ENROLLMENT.

  4. Tex. Education Code Sec. 25.0021. USE OF LEGAL SURNAME. In each public school a student must be identified by the student's legal surname as that name appears:

  5. Tex. Education Code Sec. 25.0022. FOOD ALLERGY INFORMATION REQUESTED UPON ENROLLMENT.

  6. Tex. Education Code Sec. 25.003. TUITION FOR CERTAIN CHILDREN FROM OTHER STATES.

  7. Tex. Education Code Sec. 25.0031. TUITION FOR STUDENTS HOLDING CERTAIN STUDENT VISAS.

  8. Tex. Education Code Sec. 25.004. TUITION FOR CERTAIN MILITARY DEPENDENTS PROHIBITED. A school district may not charge tuition for the attendance of a student who is domiciled in another state and resides in military housing that is located in the district but is exempt from taxation by the district.

  9. Tex. Education Code Sec. 25.005. RECIPROCITY AGREEMENTS REGARDING MILITARY PERSONNEL AND DEPENDENTS.

  10. Tex. Education Code Sec. 25.006. TRANSITION ASSISTANCE FOR MILITARY DEPENDENTS.

  11. Tex. Education Code Sec. 25.007. TRANSITION ASSISTANCE FOR STUDENTS WHO ARE HOMELESS OR IN SUBSTITUTE CARE.

  12. Tex. Education Code Sec. 25.008. ENROLLMENT IN SUMMER SCHOOL COURSE BY PERSON NOT ENROLLED IN DISTRICT.

  13. Tex. Education Code Sec. 25.031. ASSIGNMENTS AND TRANSFERS IN DISCRETION OF GOVERNING BOARD. In conformity with this subchapter, the board of trustees of a school district or the board of county school trustees or a school employee designated by the board may assign and transfer any student from one school facility or classroom to another within its jurisdiction.

  14. Tex. Education Code Sec. 25.032. BASIS FOR ASSIGNMENT OR TRANSFER. The board of trustees of a school district, the board of county school trustees, or the person acting for the board must make the decision concerning the assignment or transfer of a student on an individual basis and may not consider as a factor in its decision any matter relating to the national origin of the student or the student's ancestral language.

  15. Tex. Education Code Sec. 25.033. ASSIGNMENT OR TRANSFER ON PETITION OF PARENT. The parent or person standing in parental relation to any student may by petition in writing either:

  16. Tex. Education Code Sec. 25.034. HEARING; ACTION ON PETITION; APPEAL.

  17. Tex. Education Code Sec. 25.0341. TRANSFER OF STUDENTS INVOLVED IN SEXUAL ASSAULT.

  18. Tex. Education Code Sec. 25.0342. TRANSFER OF STUDENTS WHO ARE VICTIMS OF OR HAVE ENGAGED IN BULLYING.

  19. Tex. Education Code Sec. 25.0343. TRANSFER OF STUDENTS RESIDING IN HOUSEHOLD OF STUDENT RECEIVING SPECIAL EDUCATION SERVICES.

  20. Tex. Education Code Sec. 25.0344. TRANSFER OF STUDENTS WHO ARE CHILDREN OF PEACE OFFICERS.

  21. Tex. Education Code Sec. 25.0345. TRANSFER OF STUDENTS WHO ARE CHILDREN OF SERVICEMEMBERS.

  22. Tex. Education Code Sec. 25.035. TRANSFERS BETWEEN DISTRICTS OR COUNTIES. The boards of trustees of two or more adjoining school districts or the boards of county school trustees of two or more adjoining counties may, by agreement and in accordance with Sections 25.032, 25.033, and 25.034, arrange for the transfer and assignment of any student from the jurisdiction of one board to that of another. In the case of the transfer and assignment of a student under this section, the participating governing boards shall also agree to the transfer of school funds or other payments proportionate to the transfer of attendance.

  23. Tex. Education Code Sec. 25.036. TRANSFER OF STUDENT.

  24. Tex. Education Code Sec. 25.037. TRANSFER OF STATE FUNDS. On the timely filing with the agency of notice of a child's transfer and certification by the agency of the transfer, the state available school fund apportionment transfers with the child. For purposes of computing state allotments to school districts under the Foundation School Program, the attendance of the child before the date of transfer is counted by the transfer sending district and the attendance of the child after the date of transfer is counted by the transfer receiving district.

  25. Tex. Education Code Sec. 25.038. TUITION FEE FOR TRANSFER STUDENTS. The receiving school district may charge a tuition fee to the extent that the district's actual expenditure per student in average daily attendance, as determined by its board of trustees, exceeds the sum the district benefits from state aid sources as provided by Section 25.037. However, unless a tuition fee is prescribed and set out in a transfer agreement before its execution by the parties, an increase in tuition charge may not be made for the year of that transfer that exceeds the tuition charge, if any, of the preceding school year.

  26. Tex. Education Code Sec. 25.039. CONTRACTS AND TUITION FOR EDUCATION OUTSIDE DISTRICT.

  27. Tex. Education Code Sec. 25.040. TRANSFER TO DISTRICT OF BORDERING STATE. Any child entitled to attend the public school of any school district situated on the border of Louisiana, Arkansas, Oklahoma, or New Mexico who finds it more convenient to attend the public school in a district in the contiguous state may have the apportionment of the state and county available school funds paid to the school district of the contiguous state and may have additional tuition, if necessary, paid by the district of the child's residence on terms agreed on by the trustees of the receiving district and the trustees of the residence district.

  28. Tex. Education Code Sec. 25.041. TRANSFER OF CHILDREN OR WARDS OF EMPLOYEES OF STATE SUPPORTED LIVING CENTERS. A school-age child or ward of an employee of a state supported living center for persons with intellectual disabilities constituted as a school district who resides in the boundaries of center property but who is not a student at the center is entitled to attend school in a district adjacent to the center free of any charge to the child's or ward's parent or guardian provided the parent or guardian is required by the superintendent of the center to live on the grounds of the center for the convenience of this state. A tuition charge required by the admitting district shall be paid by the district constituting the state supported living center out of funds allotted to it by the agency.

  29. Tex. Education Code Sec. 25.042. TRANSFER OF CHILDREN OF EMPLOYEES OF TEXAS JUVENILE JUSTICE DEPARTMENT FACILITIES. A school-age child of an employee of a facility of the Texas Juvenile Justice Department is entitled to attend school in a school district adjacent to the district in which the student resides free of any charge to the student's parents or guardian. Any tuition charge required by the admitting district shall be paid by the district from which the student transfers out of any funds appropriated to the facility.

  30. Tex. Education Code Sec. 25.043. CLASSROOM PLACEMENT OF MULTIPLE BIRTH SIBLINGS.

  31. Tex. Education Code Sec. 25.045. TRANSFER TO DISTRICT OFFERING IN-PERSON INSTRUCTION.

  32. Tex. Education Code Sec. 25.081. OPERATION OF SCHOOLS.

  33. Tex. Education Code Sec. 25.0811. FIRST DAY OF INSTRUCTION.

  34. Tex. Education Code Sec. 25.0812. LAST DAY OF SCHOOL.

  35. Tex. Education Code Sec. 25.0815. OPERATION AND INSTRUCTIONAL TIME WAIVERS FOR SCHOOL SAFETY TRAINING.

  36. Tex. Education Code Sec. 25.0816. ADDITIONAL DAYS SCHOOL YEAR PLANNING GRANT PROGRAM.

  37. Tex. Education Code Sec. 25.082. PLEDGES OF ALLEGIANCE; MINUTE OF SILENCE.

  38. Tex. Education Code Sec. 25.0821. MINUTE OF SILENCE TO COMMEMORATE SEPTEMBER 11, 2001.

  39. Tex. Education Code Sec. 25.0822. PATRIOTIC SOCIETY ACCESS TO STUDENTS.

  40. Tex. Education Code Sec. 25.0823. PERIOD OF PRAYER AND READING OF BIBLE OR OTHER RELIGIOUS TEXT.

  41. Tex. Education Code Sec. 25.083. SCHOOL DAY INTERRUPTIONS.

  42. Tex. Education Code Sec. 25.084. YEAR-ROUND SYSTEM.

  43. Tex. Education Code Sec. 25.085. COMPULSORY SCHOOL ATTENDANCE.

  44. Tex. Education Code Sec. 25.086. EXEMPTIONS.

  45. Tex. Education Code Sec. 25.087. EXCUSED ABSENCES.

  46. Tex. Education Code Sec. 25.0875. EXCUSED ABSENCE TO ATTEND RELEASED TIME COURSE.

  47. Tex. Education Code Sec. 25.088. SCHOOL ATTENDANCE OFFICER. The school attendance officer may be selected by:

  48. Tex. Education Code Sec. 25.089. COMPENSATION OF ATTENDANCE OFFICER; DUAL SERVICE.

  49. Tex. Education Code Sec. 25.090. ATTENDANCE OFFICER NOT SELECTED.

  50. Tex. Education Code Sec. 25.091. POWERS AND DUTIES OF PEACE OFFICERS AND OTHER ATTENDANCE OFFICERS.

  51. Tex. Education Code Sec. 25.0915. TRUANCY PREVENTION MEASURES.

  52. Tex. Education Code Sec. 25.092. MINIMUM ATTENDANCE FOR CLASS CREDIT OR FINAL GRADE.

  53. Tex. Education Code Sec. 25.093. PARENT CONTRIBUTING TO NONATTENDANCE.

  54. Tex. Education Code Sec. 25.094. AGREEMENT FOR DISMISSAL OF PARENT CONTRIBUTING TO NONATTENDANCE CHARGE.

  55. Tex. Education Code Sec. 25.095. WARNING NOTICES.

  56. Tex. Education Code Sec. 25.0951. SCHOOL DISTRICT COMPLAINT OR REFERRAL FOR FAILURE TO ATTEND SCHOOL.

  57. Tex. Education Code Sec. 25.0952. PROCEDURES APPLICABLE TO PARENT CONTRIBUTING TO NONATTENDANCE OFFENSE. In a proceeding based on a complaint under Section 25.093, the court shall, except as otherwise provided by this chapter, use the procedures and exercise the powers authorized by Chapter 45A, Code of Criminal Procedure.

  58. Tex. Education Code Sec. 25.111. STUDENT/TEACHER RATIOS. Except as provided by Section 25.112, each school district must employ a sufficient number of teachers certified under Subchapter B, Chapter 21, to maintain an average ratio of not less than one teacher for each 20 students in average daily attendance.

  59. Tex. Education Code Sec. 25.112. CLASS SIZE.

  60. Tex. Education Code Sec. 25.113. NOTICE OF CLASS SIZE.

  61. Tex. Education Code Sec. 25.114. STUDENT/TEACHER RATIOS IN PHYSICAL EDUCATION CLASSES; CLASS SIZE.

  62. Tex. Education Code Sec. 25.151. STUDENT EXPRESSION. A school district shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.

  63. Tex. Education Code Sec. 25.152. LIMITED PUBLIC FORUM; SCHOOL DISTRICT POLICY.

  64. Tex. Education Code Sec. 25.153. RELIGIOUS EXPRESSION IN CLASS ASSIGNMENTS. Students may express their beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of their submissions. Homework and classroom assignments must be judged by ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the school district. Students may not be penalized or rewarded on account of the religious content of their work.

  65. Tex. Education Code Sec. 25.154. FREEDOM TO ORGANIZE RELIGIOUS GROUPS AND ACTIVITIES. Students may organize prayer groups, religious clubs, "see you at the pole" gatherings, or other religious gatherings before, during, and after school to the same extent that students are permitted to organize other noncurricular student activities and groups. Religious groups must be given the same access to school facilities for assembling as is given to other noncurricular groups without discrimination based on the religious content of the students' expression. If student groups that meet for nonreligious activities are permitted to advertise or announce meetings of the groups, the school district may not discriminate against groups that meet for prayer or other religious speech. A school district may disclaim school sponsorship of noncurricular groups and events in a manner that neither favors nor disfavors groups that meet to engage in prayer or religious speech.

  66. Tex. Education Code Sec. 25.155. ADOPTION OF POLICY. A school district shall adopt and implement a local policy regarding a limited public forum and voluntary student expression of religious viewpoints. If a school district voluntarily adopts and follows the model policy governing voluntary religious expression in public schools as provided by Section 25.156, the district is in compliance with the provisions of this subchapter covered by the model policy.

  67. ARTICLE I

  68. ARTICLE II

  69. ARTICLE III

  70. ARTICLE IV

  71. ARTICLE V

  72. Tex. Education Code Sec. 25.156. MODEL POLICY GOVERNING VOLUNTARY RELIGIOUS EXPRESSION IN PUBLIC SCHOOLS. In this section, "model policy" means a local policy adopted by the school district that is substantially identical to the following:

  73. Tex. Education Code Sec. 25.901. EXERCISE OF CONSTITUTIONAL RIGHT TO PRAY. A public school student has an absolute right to individually, voluntarily, and silently pray or meditate in school in a manner that does not disrupt the instructional or other activities of the school. A person may not require or coerce a student to engage in or refrain from such prayer or meditation during any school activity.

  74. Tex. Education Code Sec. 25.902. PROHIBITION ON CERTAIN DISCRIMINATION IN STUDENT DRESS OR GROOMING POLICY.

  75. Tex. Education Code Sec. 25.904. USE OF CALCULATOR APPLICATION IN PLACE OF GRAPHING CALCULATOR.

Chapter 26

  1. Tex. Education Code Sec. 26.001. PURPOSE.

  2. Tex. Education Code Sec. 26.002. DEFINITION. In this chapter, "parent" includes a person standing in parental relation. The term does not include a person as to whom the parent-child relationship has been terminated or a person not entitled to possession of or access to a child under a court order. Except as provided by federal law, all rights of a parent under Title 2 of this code and all educational rights under Sections 151.001(a)(10) and (11), Family Code, shall be exercised by a student who is 18 years of age or older or whose disabilities of minority have been removed for general purposes under Chapter 31, Family Code, unless the student has been determined to be incompetent or the student's rights have been otherwise restricted by a court order.

  3. Tex. Education Code Sec. 26.0025. PARENTAL RIGHTS HANDBOOK.

  4. Tex. Education Code Sec. 26.003. RIGHTS CONCERNING ACADEMIC PROGRAMS.

  5. Tex. Education Code Sec. 26.0031. RIGHTS CONCERNING VIRTUAL AND HYBRID COURSES.

  6. Tex. Education Code Sec. 26.004. ACCESS TO STUDENT RECORDS.

  7. Tex. Education Code Sec. 26.005. ACCESS TO STATE ASSESSMENTS AND ASSESSMENT RESULTS.

  8. Tex. Education Code Sec. 26.006. ACCESS TO TEACHING MATERIALS.

  9. Tex. Education Code Sec. 26.0061. RIGHT TO REQUEST INSTRUCTIONAL MATERIAL REVIEW.

  10. Tex. Education Code Sec. 26.0062. REQUIRED DISCLOSURE REGARDING INSTRUCTIONAL PLAN.

  11. Tex. Education Code Sec. 26.007. ACCESS TO BOARD MEETINGS.

  12. Tex. Education Code Sec. 26.0071. PARENTAL ENGAGEMENT POLICY. Each board of trustees of a school district shall develop a parental engagement policy that:

  13. Tex. Education Code Sec. 26.008. RIGHT TO FULL INFORMATION CONCERNING STUDENT.

  14. Tex. Education Code Sec. 26.0081. RIGHT TO INFORMATION CONCERNING SPECIAL EDUCATION AND EDUCATION OF STUDENTS WITH LEARNING DIFFICULTIES.

  15. Tex. Education Code Sec. 26.0082. SUPPLEMENTAL EDUCATIONAL SERVICES.

  16. Tex. Education Code Sec. 26.0083. RIGHT TO INFORMATION REGARDING MENTAL, EMOTIONAL, AND PHYSICAL HEALTH AND HEALTH-RELATED SERVICES.

  17. Tex. Education Code Sec. 26.0085. REQUESTS FOR PUBLIC INFORMATION.

  18. Tex. Education Code Sec. 26.009. CONSENT REQUIRED FOR CERTAIN ACTIVITIES.

  19. Tex. Education Code Sec. 26.0091. REFUSAL OF PSYCHIATRIC OR PSYCHOLOGICAL TREATMENT OF CHILD AS BASIS OF REPORT OF NEGLECT.

  20. Tex. Education Code Sec. 26.010. EXEMPTION FROM INSTRUCTION.

  21. Tex. Education Code Sec. 26.011. GRIEVANCES.

  22. Tex. Education Code Sec. 26.012. FEE FOR COPIES. The agency or a school district may charge a reasonable fee in accordance with Subchapter F, Chapter 552, Government Code, for copies of materials provided to a parent under this chapter.

  23. Tex. Education Code Sec. 26.0125. PARENT CONTACT INFORMATION REQUIRED. The parent of a student enrolled in a school district shall provide in writing to the district:

  24. Tex. Education Code Sec. 26.013. STUDENT DIRECTORY INFORMATION.

  25. Tex. Education Code Sec. 26.015. POSTING OF INFORMATION REGARDING ADMINISTRATOR RESPONSIBLE FOR STUDENT DISCIPLINE. A school district shall post on the district's Internet website, for each district campus, the e-mail address and dedicated telephone number of a person clearly identified as:

Chapter 27

  1. Tex. Education Code Sec. 27.001. DEFINITIONS. In this chapter:

  2. Tex. Education Code Sec. 27.002. EXEMPTION FROM LOCAL GOVERNMENT REGULATIONS.

Chapter 28

  1. Tex. Education Code Sec. 28.001. PURPOSE. It is the intent of the legislature that the essential knowledge and skills developed by the State Board of Education under this subchapter shall require all students to demonstrate the knowledge and skills necessary to read, write, compute, problem solve, think critically, apply technology, and communicate across all subject areas. The essential knowledge and skills shall also prepare and enable all students to continue to learn in postsecondary educational, training, or employment settings.

  2. Tex. Education Code Sec. 28.002. REQUIRED CURRICULUM.

  3. Tex. Education Code Sec. 28.0021. PERSONAL FINANCIAL LITERACY.

  4. Tex. Education Code Sec. 28.0022. CERTAIN INSTRUCTIONAL REQUIREMENTS AND PROHIBITIONS.

  5. Tex. Education Code Sec. 28.0023. CARDIOPULMONARY RESUSCITATION AND AUTOMATED EXTERNAL DEFIBRILLATOR INSTRUCTION.

  6. Tex. Education Code Sec. 28.0024. SCHOOL-BASED SAVINGS PROGRAM.

  7. Tex. Education Code Sec. 28.0027. DISTRICT CURRICULUM SCOPE, SEQUENCE, AND INSTRUCTIONAL MATERIAL.

  8. Tex. Education Code Sec. 28.003. EDUCATIONAL PROGRAM ACCESS.

  9. Tex. Education Code Sec. 28.004. LOCAL SCHOOL HEALTH ADVISORY COUNCIL AND HEALTH EDUCATION INSTRUCTION.

  10. Tex. Education Code Sec. 28.0043. RESTRICTION ON INSTRUCTION REGARDING SEXUAL ORIENTATION AND GENDER IDENTITY.

  11. Tex. Education Code Sec. 28.005. LANGUAGE OF INSTRUCTION.

  12. Tex. Education Code Sec. 28.0051. DUAL LANGUAGE IMMERSION PROGRAM.

  13. Tex. Education Code Sec. 28.006. KINDERGARTEN READING READINESS.

  14. Tex. Education Code Sec. 28.0062. READING STANDARDS FOR KINDERGARTEN THROUGH THIRD GRADE.

  15. Tex. Education Code Sec. 28.0063. EARLY LITERACY AND NUMERACY INSTRUMENTS.

  16. Tex. Education Code Sec. 28.0064. EARLY LITERACY INTERVENTION FOR CERTAIN STUDENTS.

  17. Tex. Education Code Sec. 28.0065. ADAPTIVE VOCABULARY PILOT PROGRAM.

  18. Tex. Education Code Sec. 28.0071. MATHEMATICS TRAINING FOR KINDERGARTEN THROUGH THIRD GRADE.

  19. Tex. Education Code Sec. 28.008. ADVANCEMENT OF COLLEGE READINESS IN CURRICULUM.

  20. Tex. Education Code Sec. 28.009. COLLEGE CREDIT PROGRAM.

  21. Tex. Education Code Sec. 28.0095. FINANCIAL AID FOR SWIFT TRANSFER

  22. Tex. Education Code Sec. 28.010. NOTIFICATION REGARDING COLLEGE CREDIT AND WORK-BASED EDUCATION PROGRAMS.

  23. Tex. Education Code Sec. 28.011. ELECTIVE COURSES ON THE BIBLE'S HEBREW SCRIPTURES (OLD TESTAMENT) AND NEW TESTAMENT AND THEIR IMPACT ON THE HISTORY AND LITERATURE OF WESTERN CIVILIZATION.

  24. Tex. Education Code Sec. 28.0115. ELECTIVE COURSE ON NUTRITION AND WELLNESS. Each school district and open-enrollment charter school offering a high school program shall provide an elective course in nutrition and wellness that meets the requirements for a one-half elective credit under Section 28.025, using materials the State Board of Education approves. The nutrition instruction:

  25. Tex. Education Code Sec. 28.012. INSTRUCTION ON INTERACTION WITH LAW ENFORCEMENT.

  26. Tex. Education Code Sec. 28.013. NATURE SCIENCE CURRICULUM PROJECT.

  27. Tex. Education Code Sec. 28.014. COLLEGE PREPARATORY COURSES.

  28. Tex. Education Code Sec. 28.016. INSTRUCTION IN HIGH SCHOOL, COLLEGE, AND CAREER PREPARATION.

  29. Tex. Education Code Sec. 28.017. INSTRUCTION ON PREVENTION OF SEXUAL ABUSE AND SEX TRAFFICKING.

  30. Tex. Education Code Sec. 28.018. ADVANCED COMPUTER SCIENCE PROGRAM.

  31. Tex. Education Code Sec. 28.020. MATHEMATICS INNOVATION ZONES.

  32. Tex. Education Code Sec. 28.021. STUDENT ADVANCEMENT.

  33. Tex. Education Code Sec. 28.0211. ACCELERATED INSTRUCTION; MODIFIED TEACHER ASSIGNMENT.

  34. Tex. Education Code Sec. 28.02111. FIRST THROUGH THIRD GRADE SUPPLEMENTARY SUPPORTS.

  35. Tex. Education Code Sec. 28.0212. JUNIOR HIGH OR MIDDLE SCHOOL PERSONAL GRADUATION PLAN.

  36. Tex. Education Code Sec. 28.02121. HIGH SCHOOL PERSONAL GRADUATION PLAN.

  37. Tex. Education Code Sec. 28.02122. INCLUSION OF MENTAL HEALTH PROFESSIONS IN HEALTH SCIENCE CAREER INFORMATION. The agency shall ensure that any information provided to students relating to health science careers includes information regarding mental health professions. To the extent that the public services endorsement includes information on health science career pathways, the information must include mental health careers as a possible pathway.

  38. Tex. Education Code Sec. 28.02123. NOTIFICATION OF CERTAIN HIGH SCHOOL GRADUATION REQUIREMENTS.

  39. Tex. Education Code Sec. 28.02124. PARENTAL OPTION FOR STUDENT RETENTION.

  40. Tex. Education Code Sec. 28.0213. INTENSIVE PROGRAM OF INSTRUCTION.

  41. Tex. Education Code Sec. 28.0214. FINALITY OF GRADE.

  42. Tex. Education Code Sec. 28.0216. DISTRICT GRADING POLICY. A school district shall adopt a grading policy, including provisions for the assignment of grades on class assignments and examinations, before each school year. A district grading policy:

  43. Tex. Education Code Sec. 28.022. NOTICE TO PARENT OF UNSATISFACTORY PERFORMANCE; CONFERENCES.

  44. Tex. Education Code Sec. 28.023. CREDIT BY EXAMINATION.

  45. Tex. Education Code Sec. 28.024. CREDIT FOR ENROLLMENT IN CERTAIN ACADEMIES. A school district shall grant to a student credit toward the academic course requirements for high school graduation, up to a maximum of two years of credit, for courses the student successfully completes at:

  46. Tex. Education Code Sec. 28.025. HIGH SCHOOL DIPLOMA AND CERTIFICATE; ACADEMIC ACHIEVEMENT RECORD.

  47. Tex. Education Code Sec. 28.0251. HIGH SCHOOL DIPLOMA FOR CERTAIN VETERANS.

  48. Tex. Education Code Sec. 28.0252. COMPUTATION OF HIGH SCHOOL GRADE POINT AVERAGE.

  49. Tex. Education Code Sec. 28.0253. TEXAS FIRST EARLY HIGH SCHOOL COMPLETION PROGRAM.

  50. Tex. Education Code Sec. 28.0254. POSTHUMOUS HIGH SCHOOL DIPLOMA FOR CERTAIN STUDENTS.

  51. Tex. Education Code Sec. 28.02541. DIPLOMA FOR CERTAIN STUDENTS WHO ENTERED NINTH GRADE BEFORE 2011-2012 SCHOOL YEAR.

  52. Tex. Education Code Sec. 28.0256. FINANCIAL AID APPLICATION REQUIREMENT FOR HIGH SCHOOL GRADUATION.

  53. Tex. Education Code Sec. 28.0257. DIRECT ADMISSIONS DATA SHARING OPT-IN ELECTION FOR HIGH SCHOOL GRADUATION.

  54. Tex. Education Code Sec. 28.0258. HIGH SCHOOL DIPLOMA AWARDED ON BASIS OF INDIVIDUAL GRADUATION COMMITTEE REVIEW.

  55. Tex. Education Code Sec. 28.0259. SCHOOL DISTRICT REPORTING REQUIREMENTS FOR STUDENTS GRADUATING BASED ON INDIVIDUAL GRADUATION COMMITTEE REVIEW PROCESS.

  56. Tex. Education Code Sec. 28.02591. TEXAS HIGHER EDUCATION COORDINATING BOARD REPORTING REQUIREMENTS FOR STUDENTS GRADUATING BASED ON INDIVIDUAL GRADUATION COMMITTEE REVIEW PROCESS.

  57. Tex. Education Code Sec. 28.026. NOTICE OF REQUIREMENTS FOR AUTOMATIC COLLEGE ADMISSION AND FINANCIAL AID.

  58. Tex. Education Code Sec. 28.027. APPLIED SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS COURSES.

  59. Tex. Education Code Sec. 28.029. MIDDLE SCHOOL ADVANCED MATHEMATICS PROGRAM.

  60. Tex. Education Code Sec. 28.051. DEFINITIONS. In this subchapter:

  61. Tex. Education Code Sec. 28.052. PROGRAM; PURPOSE.

  62. Tex. Education Code Sec. 28.053. TYPES OF AWARDS.

  63. Tex. Education Code Sec. 28.054. SUBSIDIES FOR COLLEGE ADVANCED PLACEMENT TEST OR INTERNATIONAL BACCALAUREATE EXAMINATION.

  64. Tex. Education Code Sec. 28.055. USE OF SCHOOL AWARDS; APPLICATION.

  65. Tex. Education Code Sec. 28.056. APPLICATION FOR TEACHER AWARDS AND REIMBURSEMENTS. To obtain an award or reimbursement for training expenses under the program, a teacher must submit to the board a written application in a form, manner, and time prescribed by the commissioner.

  66. Tex. Education Code Sec. 28.057. FUNDING.

  67. Tex. Education Code Sec. 28.058. CONFIDENTIALITY. All information regarding an individual student received by the commissioner under this subchapter from a school district or student is confidential under Chapter 552, Government Code.

Chapter 29

  1. Tex. Education Code Sec. 29.001. IMPLEMENTATION OF SPECIAL EDUCATION LAW.

  2. Tex. Education Code Sec. 29.0011. PROHIBITED PERFORMANCE INDICATOR.

  3. Tex. Education Code Sec. 29.0012. ANNUAL MEETING ON SPECIAL EDUCATION.

  4. Tex. Education Code Sec. 29.003. ELIGIBILITY CRITERIA.

  5. Tex. Education Code Sec. 29.0031. DYSLEXIA AND RELATED DISORDERS.

  6. Tex. Education Code Sec. 29.0032. PROVIDERS OF DYSLEXIA INSTRUCTION.

  7. Tex. Education Code Sec. 29.004. FULL INDIVIDUAL AND INITIAL EVALUATION.

  8. Tex. Education Code Sec. 29.0041. INFORMATION AND CONSENT FOR CERTAIN PSYCHOLOGICAL EXAMINATIONS OR TESTS.

  9. Tex. Education Code Sec. 29.005. INDIVIDUALIZED EDUCATION PROGRAM.

  10. Tex. Education Code Sec. 29.0051. MODEL FORM.

  11. Tex. Education Code Sec. 29.0056. INFORMATION REGARDING STATE SUPPORTED LIVING CENTERS.

  12. Tex. Education Code Sec. 29.006. CONTINUING ADVISORY COMMITTEE.

  13. Tex. Education Code Sec. 29.008. CONTRACTS FOR SERVICES; RESIDENTIAL AND DAY PLACEMENT PROGRAMS.

  14. Tex. Education Code Sec. 29.009. PUBLIC NOTICE CONCERNING EARLY CHILDHOOD SPECIAL EDUCATION PROGRAMS. Each school district shall develop a system to notify the population in the district with children who are at least three years of age but younger than six years of age and who are eligible for enrollment in a special education program of the availability of the program.

  15. Tex. Education Code Sec. 29.0091. STRATEGIC PLAN TO IMPROVE AND EXPAND EARLY LEARNING AND EDUCATIONAL OPPORTUNITIES FOR YOUNG CHILDREN WITH DISABILITIES.

  16. Tex. Education Code Sec. 29.010. GENERAL SUPERVISION AND COMPLIANCE.

  17. Tex. Education Code Sec. 29.011. TRANSITION PLANNING.

  18. Tex. Education Code Sec. 29.0111. BEGINNING OF TRANSITION PLANNING. Appropriate state transition planning under the procedure adopted under Section 29.011 must begin for a student not later than when the student reaches 14 years of age.

  19. Tex. Education Code Sec. 29.0112. TRANSITION AND EMPLOYMENT GUIDE.

  20. Tex. Education Code Sec. 29.0113. DRIVING WITH DISABILITY PROGRAM INFORMATION.

  21. Tex. Education Code Sec. 29.012. RESIDENTIAL FACILITIES.

  22. Tex. Education Code Sec. 29.013. NONEDUCATIONAL COMMUNITY-BASED SUPPORT SERVICES GRANTS FOR CERTAIN STUDENTS WITH DISABILITIES.

  23. Tex. Education Code Sec. 29.014. SCHOOL DISTRICTS THAT PROVIDE EDUCATION SOLELY TO STUDENTS CONFINED TO OR EDUCATED IN HOSPITALS.

  24. Tex. Education Code Sec. 29.015. SPECIAL EDUCATION DECISION-MAKING FOR CHILDREN IN FOSTER CARE.

  25. Tex. Education Code Sec. 29.0151. APPOINTMENT OF SURROGATE PARENT FOR CERTAIN CHILDREN.

  26. Tex. Education Code Sec. 29.016. EVALUATION CONDUCTED PURSUANT TO A SPECIAL EDUCATION DUE PROCESS HEARING. A special education hearing officer in an impartial due process hearing brought under 20 U.S.C. Section 1415 may issue an order or decision that authorizes one or more evaluations of a student who is eligible for, or who is suspected as being eligible for, special education services. Such an order or decision authorizes the evaluation of the student without parental consent as if it were a court order for purposes of any state or federal law providing for consent by order of a court.

  27. Tex. Education Code Sec. 29.0162. REPRESENTATION IN SPECIAL EDUCATION DUE PROCESS HEARING.

  28. Tex. Education Code Sec. 29.0163. PROTECTION OF THE RIGHTS OF MILITARY FAMILIES WITH CHILDREN WITH DISABILITIES.

  29. Tex. Education Code Sec. 29.0164. LIMITATION PERIOD FOR FILING COMPLAINT AND REQUESTING SPECIAL EDUCATION DUE PROCESS HEARING. The commissioner or agency may not adopt or enforce a rule that establishes a shorter period for filing a due process complaint alleging a violation of state or federal special education laws and requesting an impartial due process hearing than the maximum timeline designated under 20 U.S.C. Sections 1415(b)(6) and (f)(3).

  30. Tex. Education Code Sec. 29.017. TRANSFER OF PARENTAL RIGHTS AT AGE OF MAJORITY.

  31. Tex. Education Code Sec. 29.018. SPECIAL EDUCATION GRANT.

  32. Tex. Education Code Sec. 29.019. INDIVIDUALIZED EDUCATION PROGRAM FACILITATION.

  33. Tex. Education Code Sec. 29.020. STATE-ADMINISTERED INDIVIDUALIZED EDUCATION PROGRAM FACILITATION.

  34. Tex. Education Code Sec. 29.022. VIDEO SURVEILLANCE OF SPECIAL EDUCATION SETTINGS.

  35. Tex. Education Code Sec. 29.026. RULES. The commissioner may adopt rules as necessary to implement this subchapter.

  36. Tex. Education Code Sec. 29.030. PROVISION OF INFORMATION REGARDING LOCAL INTELLECTUAL AND DEVELOPMENTAL DISABILITY AUTHORITY.

  37. Tex. Education Code Sec. 29.041. DEFINITIONS. In this subchapter:

  38. Tex. Education Code Sec. 29.042. ESTABLISHMENT AND ADMINISTRATION OF PROGRAM.

  39. Tex. Education Code Sec. 29.043. APPLICATION FOR GRANT ON BEHALF OF STUDENT. The agency shall establish an application process for an eligible student's parent to apply for a grant held in an online account maintained under Section 29.042(b) and assigned to the student under Section 29.045.

  40. Tex. Education Code Sec. 29.044. PROGRAM ELIGIBILITY CRITERIA.

  41. Tex. Education Code Sec. 29.045. APPROVAL OF APPLICATION; ASSIGNMENT OF ACCOUNT. Subject to available funding the agency shall approve each student who meets the program eligibility criteria established under Section 29.044 and assign to the student an account maintained under Section 29.042(b). The account may only be used by the student's parent to purchase supplemental services or supplemental instructional materials for the student, subject to Sections 29.046 and 29.047.

  42. Tex. Education Code Sec. 29.046. ACCOUNT USE RESTRICTION.

  43. Tex. Education Code Sec. 29.047. AGENCY-APPROVED PROVIDERS AND VENDORS: CRITERIA AND APPLICATION.

  44. Tex. Education Code Sec. 29.0475. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR AUTONOMY.

  45. Tex. Education Code Sec. 29.048. ADMISSION, REVIEW, AND DISMISSAL COMMITTEE DUTIES.

  46. Tex. Education Code Sec. 29.0485. DETERMINATION OF COMMISSIONER FINAL. Notwithstanding Section 7.057, a determination of the commissioner under this subchapter is final and may not be appealed.

  47. Tex. Education Code Sec. 29.049. RULES. The commissioner shall adopt rules as necessary to administer the supplemental services and supplemental instructional materials program under this subchapter.

  48. Tex. Education Code Sec. 29.051. STATE POLICY. English is the basic language of this state. Public schools are responsible for providing a full opportunity for all students to become competent in speaking, reading, writing, and comprehending the English language. Large numbers of students in the state come from environments in which the primary language is other than English. Experience has shown that public school classes in which instruction is given only in English are often inadequate for the education of those students. The mastery of basic English language skills is a prerequisite for effective participation in the state's educational program. Bilingual education and special language programs can meet the needs of those students and facilitate their integration into the regular school curriculum. Therefore, in accordance with the policy of the state to ensure equal educational opportunity to every student, and in recognition of the educational needs of emergent bilingual students, this subchapter provides for the establishment of bilingual education and special language programs in the public schools and provides supplemental financial assistance to help school districts meet the extra costs of the programs.

  49. Tex. Education Code Sec. 29.052. DEFINITIONS. In this subchapter:

  50. Tex. Education Code Sec. 29.053. ESTABLISHMENT OF BILINGUAL EDUCATION AND SPECIAL LANGUAGE PROGRAMS.

  51. Tex. Education Code Sec. 29.054. EXCEPTION.

  52. Tex. Education Code Sec. 29.055. PROGRAM CONTENT; METHOD OF INSTRUCTION.

  53. Tex. Education Code Sec. 29.056. ENROLLMENT OF STUDENTS IN PROGRAM.

  54. Tex. Education Code Sec. 29.0561. EVALUATION OF TRANSFERRED STUDENTS; REENROLLMENT.

  55. Tex. Education Code Sec. 29.057. FACILITIES; CLASSES.

  56. Tex. Education Code Sec. 29.058. ENROLLMENT OF STUDENTS WHO DO NOT HAVE LIMITED ENGLISH PROFICIENCY. With the approval of the school district and a student's parents, a student who does not have limited English proficiency may also participate in a bilingual education program. The number of participating students who do not have limited English proficiency may not exceed 40 percent of the number of students enrolled in the program.

  57. Tex. Education Code Sec. 29.059. COOPERATION AMONG DISTRICTS.

  58. Tex. Education Code Sec. 29.060. PRESCHOOL, SUMMER SCHOOL, AND EXTENDED TIME PROGRAMS.

  59. Tex. Education Code Sec. 29.061. BILINGUAL EDUCATION AND SPECIAL LANGUAGE PROGRAM TEACHERS.

  60. Tex. Education Code Sec. 29.062. COMPLIANCE.

  61. Tex. Education Code Sec. 29.063. LANGUAGE PROFICIENCY ASSESSMENT COMMITTEES.

  62. Tex. Education Code Sec. 29.064. APPEALS. A parent of a student enrolled in a school district offering bilingual education or special language programs may appeal to the commissioner if the district fails to comply with the requirements established by law or by the agency as authorized by this subchapter. If the parent disagrees with the placement of the student in the program, the parent may appeal that decision to the board of trustees. Appeals shall be conducted in accordance with procedures adopted by the commissioner.

  63. Tex. Education Code Sec. 29.065. ASSISTANCE BY AGENCY. The agency shall develop tools to assist school districts and open-enrollment charter schools in implementing bilingual education and special language programs under this chapter.

  64. Tex. Education Code Sec. 29.066. PEIMS REPORTING REQUIREMENTS.

  65. Tex. Education Code Sec. 29.081. COMPENSATORY, INTENSIVE, AND ACCELERATED INSTRUCTION.

  66. Tex. Education Code Sec. 29.082. OPTIONAL EXTENDED YEAR PROGRAM.

  67. Tex. Education Code Sec. 29.0821. OPTIONAL FLEXIBLE YEAR PROGRAM.

  68. Tex. Education Code Sec. 29.0822. OPTIONAL FLEXIBLE SCHOOL DAY PROGRAM.

  69. Tex. Education Code Sec. 29.083. STUDENT RETENTION INFORMATION. The agency shall collect data from school districts through the Public Education Information Management System

  70. Tex. Education Code Sec. 29.084. TUTORIAL SERVICES.

  71. Tex. Education Code Sec. 29.085. LIFE SKILLS PROGRAM FOR STUDENT PARENTS.

  72. Tex. Education Code Sec. 29.086. BASIC SKILLS PROGRAMS FOR HIGH SCHOOL STUDENTS.

  73. Tex. Education Code Sec. 29.087. HIGH SCHOOL EQUIVALENCY PROGRAMS.

  74. Tex. Education Code Sec. 29.088. AFTER-SCHOOL AND SUMMER INTENSIVE MATHEMATICS INSTRUCTION PROGRAMS.

  75. Tex. Education Code Sec. 29.0881. STRONG FOUNDATIONS GRANT PROGRAM.

  76. Tex. Education Code Sec. 29.089. MENTORING SERVICES PROGRAM.

  77. Tex. Education Code Sec. 29.090. AFTER-SCHOOL AND SUMMER INTENSIVE SCIENCE INSTRUCTION PROGRAMS.

  78. Tex. Education Code Sec. 29.091. GRANT PROGRAM FOR DISTRICTS THAT HAVE HIGH ENROLLMENT OF EDUCATIONALLY DISADVANTAGED STUDENTS AND THAT PROVIDE SUMMER INSTRUCTION.

  79. Tex. Education Code Sec. 29.094. INTENSIVE READING OR LANGUAGE INTERVENTION PILOT PROGRAM.

  80. Tex. Education Code Sec. 29.095. GRANTS FOR STUDENT CLUBS.

  81. Tex. Education Code Sec. 29.096. COLLABORATIVE DROPOUT REDUCTION PILOT PROGRAM.

  82. Tex. Education Code Sec. 29.099. INTENSIVE MATHEMATICS AND ALGEBRA INTERVENTION PILOT PROGRAM.

  83. Tex. Education Code Sec. 29.121. DEFINITION. In this subchapter, "gifted and talented student" means a child or youth who performs at or shows the potential for performing at a remarkably high level of accomplishment when compared to others of the same age, experience, or environment and who:

  84. Tex. Education Code Sec. 29.122. ESTABLISHMENT.

  85. Tex. Education Code Sec. 29.123. STATE PLAN; ASSISTANCE. The State Board of Education shall develop and periodically update a state plan for the education of gifted and talented students to guide school districts in establishing and improving programs for identified students. The regional education service centers may assist districts in implementing the state plan. In addition to obtaining assistance from a regional education service center, a district may obtain other assistance in implementing the plan. The plan shall be used for accountability purposes to measure the performance of districts in providing services to students identified as gifted and talented.

  86. Tex. Education Code Sec. 29.151. FREE KINDERGARTEN. The board of trustees of each school district shall establish and maintain one or more kindergartens for the training of children residing in the district who are at least five years of age on September 1 of the school year.

  87. Tex. Education Code Sec. 29.152. OPERATION OF KINDERGARTENS ON HALF-DAY OR FULL-DAY BASIS. A public school kindergarten may be operated on a half-day or a full-day basis at the option of the board of trustees of the school district.

  88. Tex. Education Code Sec. 29.153. FREE PREKINDERGARTEN FOR CERTAIN CHILDREN.

  89. Tex. Education Code Sec. 29.1531. TUITION-SUPPORTED AND DISTRICT-FINANCED PREKINDERGARTEN.

  90. Tex. Education Code Sec. 29.1532. PREKINDERGARTEN PROGRAM REQUIREMENTS.

  91. Tex. Education Code Sec. 29.1533. ESTABLISHMENT OF NEW PREKINDERGARTEN PROGRAM. Before establishing a new prekindergarten program, a school district shall consider the possibility of sharing use of an existing Head Start or other child-care program site as a prekindergarten site.

  92. Tex. Education Code Sec. 29.1534. NOTIFICATION OF PREKINDERGARTEN PROGRAMS.

  93. Tex. Education Code Sec. 29.154. EVALUATION OF PREKINDERGARTEN PROGRAMS. The commissioner of education, in consultation with the commissioner of human services, shall monitor and evaluate prekindergarten programs as to their developmental appropriateness. The commissioners shall also evaluate the potential for coordination on a statewide basis of prekindergarten programs with government-funded early childhood care and education programs such as child care administered under Chapter 44, Human Resources Code, and federal Head Start programs. That evaluation shall use recommendations contained in the report to the 71st Legislature required by Chapter 717, Acts of the 70th Legislature, Regular Session, 1987. For the purpose of providing cost-effective care for children during the full workday with developmentally appropriate curriculum, the commissioners shall investigate the use of existing child-care program sites as prekindergarten sites. Following the evaluation required by this section, the commissioners, in cooperation with school districts and other program administrators, shall integrate programs, staff, and program sites for prekindergarten, child-care, and federal Head Start programs to the greatest extent possible.

  94. Tex. Education Code Sec. 29.1543. EARLY EDUCATION REPORTS.

  95. Tex. Education Code Sec. 29.1544. REPORTING OF CERTAIN INFORMATION REGARDING PREKINDERGARTEN PROGRAMS; AGENCY REPORT.

  96. Tex. Education Code Sec. 29.155. KINDERGARTEN AND PREKINDERGARTEN GRANTS.

  97. Tex. Education Code Sec. 29.156. GRANTS FOR EDUCATIONAL COMPONENT OF HEAD START.

  98. Tex. Education Code Sec. 29.1561. ADMINISTRATION OF EARLY CHILDHOOD CARE AND EDUCATION PROGRAMS.

  99. Tex. Education Code Sec. 29.157. READY TO READ GRANTS.

  100. Tex. Education Code Sec. 29.158. COORDINATION OF SERVICES.

  101. Tex. Education Code Sec. 29.159. PROVISION OF CERTAIN INFORMATION.

  102. Tex. Education Code Sec. 29.160. DEMONSTRATION PROJECTS.

  103. Tex. Education Code Sec. 29.161. SCHOOL READINESS CERTIFICATION SYSTEM.

  104. Tex. Education Code Sec. 29.162. RULES.

  105. Tex. Education Code Sec. 29.164. DEFINITION. In this subchapter, "program" means a high quality prekindergarten program required under Section 29.153(c-1) to be provided free of tuition or fees in accordance with this subchapter.

  106. Tex. Education Code Sec. 29.167. HIGH QUALITY CURRICULUM AND TEACHER REQUIREMENTS.

  107. Tex. Education Code Sec. 29.168. FAMILY ENGAGEMENT PLAN.

  108. Tex. Education Code Sec. 29.169. PROGRAM EVALUATION.

  109. Tex. Education Code Sec. 29.171. ELIGIBLE PRIVATE PROVIDERS.

  110. Tex. Education Code Sec. 29.172. RULES.

  111. Tex. Education Code Sec. 29.181. PUBLIC EDUCATION CAREER AND TECHNOLOGY EDUCATION GOALS. Each public school student shall master the basic skills and knowledge necessary for:

  112. Tex. Education Code Sec. 29.182. STATE PLAN FOR CAREER AND TECHNOLOGY EDUCATION.

  113. Tex. Education Code Sec. 29.183. CAREER AND TECHNOLOGY AND OTHER EDUCATIONAL PROGRAMS.

  114. Tex. Education Code Sec. 29.184. CONTRACTS WITH OTHER SCHOOLS FOR CAREER AND TECHNOLOGY CLASSES.

  115. Tex. Education Code Sec. 29.185. CAREER AND TECHNOLOGY PROGRAM REQUIREMENTS AND PROCEDURES.

  116. Tex. Education Code Sec. 29.187. AWARD FOR DISTINGUISHED ACHIEVEMENT IN CAREER AND TECHNOLOGY EDUCATION; PROGRAM.

  117. Tex. Education Code Sec. 29.188. RECOGNITION OF SUCCESSFUL CAREER AND TECHNOLOGY EDUCATION PROGRAM. The governor is encouraged to present a proclamation or certificate to each member of the business and industry community that the Texas Workforce Commission, in cooperation with the agency, determines has successfully assisted in the provision of a career and technology education program under this subchapter.

  118. Tex. Education Code Sec. 29.190. SUBSIDY FOR CERTIFICATION EXAMINATION.

  119. Tex. Education Code Sec. 29.191. ACCIDENT, LIABILITY, AND AUTOMOBILE INSURANCE COVERAGE.

  120. Tex. Education Code Sec. 29.192. IMMUNITY FROM LIABILITY. A student who participates in a career and technology program approved by a school district or an open-enrollment charter school is entitled to immunity in the same manner provided under Section 22.053 as a volunteer who is serving as a direct service volunteer of a district or school.

  121. Tex. Education Code Sec. 29.194. SUMMER CAREER AND TECHNOLOGY EDUCATION GRANT PROGRAM.

  122. Tex. Education Code Sec. 29.201. PARENTAL CHOICE. Notwithstanding any other provision of this code, as provided by this subchapter an eligible student may attend a public school in the district in which the student resides or may use a public education grant to attend any other district chosen by the student's parent.

  123. Tex. Education Code Sec. 29.202. ELIGIBILITY.

  124. Tex. Education Code Sec. 29.203. FINANCING.

  125. Tex. Education Code Sec. 29.204. NOTIFICATION.

  126. Tex. Education Code Sec. 29.205. CONTRACT AUTHORITY. The board of trustees of a school district may contract under Section 11.157 for the provision of educational services to a district student eligible to receive a public education grant under Section 29.202.

  127. Tex. Education Code Sec. 29.251. DEFINITIONS. In this subchapter:

  128. Tex. Education Code Sec. 29.252. AGENCY ROLE IN COMMUNITY EDUCATION.

  129. Tex. Education Code Sec. 29.255. STATE FUNDING. Funds shall be appropriated to implement statewide community education programs, including pilot programs to demonstrate the effectiveness of the community education concept. The agency shall ensure that public local education agencies, public nonprofit agencies, and community-based organizations have direct and equitable access to those funds.

  130. Tex. Education Code Sec. 29.256. REIMBURSEMENT FOR COMMUNITY EDUCATION SERVICES.

  131. Tex. Education Code Sec. 29.257. COMMUNITY EDUCATION DEVELOPMENT PROJECTS.

  132. Tex. Education Code Sec. 29.301. DEFINITIONS. In this subchapter:

  133. Tex. Education Code Sec. 29.302. FINDINGS.

  134. Tex. Education Code Sec. 29.303. UNIQUE COMMUNICATION. Students who are deaf or hard of hearing must have an education in which their unique communication mode is respected, used, and developed to an appropriate level of proficiency.

  135. Tex. Education Code Sec. 29.304. QUALIFICATIONS OF PERSONNEL.

  136. Tex. Education Code Sec. 29.305. LANGUAGE MODE PEERS. If practicable and not in conflict with any admission, review, and dismissal committee recommendations, a student who is deaf or hard of hearing must have an education in the company of a sufficient number of peers using the same language mode and with whom the student can communicate directly. If practicable, the peers must be of the same or approximately the same age and ability.

  137. Tex. Education Code Sec. 29.306. FAMILIAL AND ADVOCATE INVOLVEMENT. A student who is deaf or hard of hearing must have an education in which the student's parents or legal guardians and advocates for the student's parents or legal guardians are involved in determining the extent, content, and purpose of programs. Other individuals, including individuals who are deaf or hard of hearing, may be involved at the discretion of parents or legal guardians or the school district.

  138. Tex. Education Code Sec. 29.307. ROLE MODELS. A student who is deaf or hard of hearing shall be given the opportunity to be exposed to deaf or hard-of-hearing role models.

  139. Tex. Education Code Sec. 29.310. PROCEDURES AND MATERIALS FOR ASSESSMENT AND PLACEMENT.

  140. Tex. Education Code Sec. 29.312. PSYCHOLOGICAL COUNSELING SERVICES. Appropriate psychological counseling services for a student who is deaf or hard of hearing shall be made available at the student's school site in the student's primary mode of communication. In the case of a student who is hard of hearing, appropriate auditory systems to enhance oral communication shall be used if required by the student's admission, review, and dismissal committee.

  141. Tex. Education Code Sec. 29.313. EVALUATION OF DEAF AND HARD OF HEARING SERVICES.

  142. Tex. Education Code Sec. 29.314. TRANSITION INTO GENERAL EDUCATION CLASS. In addition to satisfying requirements of the admission, review, and dismissal committee and to satisfying requirements under state and federal law for vocational training, each school district shall develop and implement a transition plan for the transition of a student who is deaf or hard of hearing into a general education class if the student is to be transferred from a special class or center or nonpublic, nonsectarian school into a general education class in a public school for any part of the school day. The transition plan must provide for activities:

  143. Tex. Education Code Sec. 29.315. TEXAS SCHOOL FOR THE DEAF MEMORANDUM OF UNDERSTANDING. The Texas Education Agency and the Texas School for the Deaf shall develop a memorandum of understanding to establish:

  144. Tex. Education Code Sec. 29.316. LANGUAGE ACQUISITION.

  145. Tex. Education Code Sec. 29.351. DEFINITIONS. In this subchapter:

  146. Tex. Education Code Sec. 29.352. ESTABLISHMENT OF PROGRAM.

  147. Tex. Education Code Sec. 29.3521. AMOUNT OF APPROPRIATION; LIMITATION ON EXPENDITURES.

  148. Tex. Education Code Sec. 29.353. PROGRAM FUND.

  149. Tex. Education Code Sec. 29.3535. PROMOTION OF PROGRAM. Notwithstanding any other law, the comptroller or the comptroller's designee may enter into contracts or agreements and engage in marketing, advertising, and other activities to promote, market, and advertise the development and use of the program. The comptroller may use money from the program fund to pay for activities authorized under this section.

  150. Tex. Education Code Sec. 29.354. SELECTION OF CERTIFIED EDUCATIONAL ASSISTANCE ORGANIZATIONS.

  151. Tex. Education Code Sec. 29.355. ELIGIBLE CHILD.

  152. Tex. Education Code Sec. 29.356. APPLICATION TO PROGRAM.

  153. Tex. Education Code Sec. 29.357. PARTICIPATION IN PROGRAM.

  154. Tex. Education Code Sec. 29.358. PREAPPROVED PROVIDERS AND VENDORS.

  155. Tex. Education Code Sec. 29.3585. PROVIDER AND VENDOR SUSPENSION AND REMOVAL.

  156. Tex. Education Code Sec. 29.359. APPROVED EDUCATION-RELATED EXPENSES.

  157. Tex. Education Code Sec. 29.360. PROGRAM EXPENDITURES.

  158. Tex. Education Code Sec. 29.361. AMOUNT OF TRANSFER TO PARTICIPANT ACCOUNT; FINANCING.

  159. Tex. Education Code Sec. 29.3611. ENROLLMENT IN PUBLIC SCHOOL. If a child ceases participation in the program during a school year due to the child's enrollment in a school district or open-enrollment charter school:

  160. Tex. Education Code Sec. 29.3615. INDIVIDUALIZED EDUCATION PROGRAMS; EVALUATIONS.

  161. Tex. Education Code Sec. 29.362. ADMINISTRATION OF ACCOUNTS.

  162. Tex. Education Code Sec. 29.363. AUDITING.

  163. Tex. Education Code Sec. 29.364. SUSPENSION OF ACCOUNT.

  164. Tex. Education Code Sec. 29.365. TUITION AND FEES; REFUND PROHIBITED.

  165. Tex. Education Code Sec. 29.366. REFERRAL TO DISTRICT ATTORNEY. If the comptroller obtains evidence of fraudulent use of an account or money distributed under the program or any other violation of law by a certified educational assistance organization, education service provider or vendor of educational products, or program participant, the comptroller shall notify the appropriate local county or district attorney with jurisdiction over, as applicable:

  166. Tex. Education Code Sec. 29.367. SPECIAL EDUCATION NOTICE.

  167. Tex. Education Code Sec. 29.368. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR AUTONOMY.

  168. Tex. Education Code Sec. 29.369. STUDENT RECORDS AND INFORMATION.

  169. Tex. Education Code Sec. 29.370. GIFTS, GRANTS, AND DONATIONS. The comptroller may solicit and accept gifts, grants, and donations from any public or private source for any expenses related to the administration of the program, including establishing the program and contracting for the report required under Section 29.371.

  170. Tex. Education Code Sec. 29.371. ANNUAL REPORT.

  171. Tex. Education Code Sec. 29.3715. COLLECTION AND REPORTING OF DEMOGRAPHIC INFORMATION.

  172. Tex. Education Code Sec. 29.372. RULES; PROCEDURES. The comptroller shall adopt rules and procedures as necessary to implement, administer, and enforce this subchapter.

  173. Tex. Education Code Sec. 29.373. APPEAL; FINALITY OF DECISIONS.

  174. Tex. Education Code Sec. 29.374. RIGHT TO INTERVENE IN CIVIL ACTION.

  175. Tex. Education Code Sec. 29.402. PARTNERSHIP.

  176. Tex. Education Code Sec. 29.403. FINANCING.

  177. Tex. Education Code Sec. 29.404. OTHER FUNDING.

  178. Tex. Education Code Sec. 29.451. DEFINITIONS. In this subchapter, "alleged offender resident," "interdisciplinary team," and "state supported living center" have the meanings assigned by Section 555.001, Health and Safety Code.

  179. Tex. Education Code Sec. 29.452. APPLICABILITY. This subchapter applies only to an alleged offender resident of a forensic state supported living center designated under Section 555.002, Health and Safety Code.

  180. Tex. Education Code Sec. 29.453. SCHOOL DISTRICT SERVICES.

  181. Tex. Education Code Sec. 29.454. BEHAVIOR MANAGEMENT; BEHAVIOR SUPPORT SPECIALISTS.

  182. Tex. Education Code Sec. 29.455. MEMORANDUM OF UNDERSTANDING.

  183. Tex. Education Code Sec. 29.456. FAILURE OF SCHOOL DISTRICT AND CENTER TO AGREE.

  184. Tex. Education Code Sec. 29.457. FUNDING.

  185. Tex. Education Code Sec. 29.458. RULES. The commissioner may adopt rules as necessary to administer this subchapter.

  186. Tex. Education Code Sec. 29.551. DEFINITIONS. In this subchapter:

  187. Tex. Education Code Sec. 29.552. P-TECH ADVISORY COUNCIL.

  188. Tex. Education Code Sec. 29.553. P-TECH PROGRAM.

  189. Tex. Education Code Sec. 29.554. ACCIDENT MEDICAL EXPENSE, LIABILITY, AND AUTOMOBILE INSURANCE COVERAGE.

  190. Tex. Education Code Sec. 29.555. IMMUNITY FROM LIABILITY. A student who participates in the P-TECH program while enrolled in a school district or at an open-enrollment charter school is entitled to immunity in the same manner as a professional employee of a school district under Subchapter B, Chapter 22, or as an employee of an open-enrollment charter school under Section 12.1056, as applicable.

  191. Tex. Education Code Sec. 29.556. P-TECH SCHOOL DESIGNATION AND GRANT PROGRAM.

  192. Tex. Education Code Sec. 29.557. RULES.

  193. Tex. Education Code Sec. 29.901. MILITARY INSTRUCTION.

  194. Tex. Education Code Sec. 29.9015. ARMED SERVICES VOCATIONAL APTITUDE BATTERY TEST.

  195. Tex. Education Code Sec. 29.9017. NOTICE REGARDING MILITARY-RELATED TRAINING PROGRAMS.

  196. Tex. Education Code Sec. 29.902. DRIVER EDUCATION.

  197. Tex. Education Code Sec. 29.9021. WATER SAFETY EDUCATION. The agency by rule shall incorporate a curriculum module on recreational water safety into driver education instruction using the video on recreational water safety produced under Section 12.012, Parks and Wildlife Code, when the agency is notified that the video is available.

  198. Tex. Education Code Sec. 29.903. CARDIOPULMONARY RESUSCITATION

  199. Tex. Education Code Sec. 29.905. COMMUNITY EDUCATION RELATING TO HATE CRIME LAW.

  200. Tex. Education Code Sec. 29.906. CHARACTER TRAITS AND PERSONAL SKILLS INSTRUCTION.

  201. Tex. Education Code Sec. 29.907. CELEBRATE FREEDOM WEEK.

  202. Tex. Education Code Sec. 29.9071. TEXAS MILITARY HEROES DAY.

  203. Tex. Education Code Sec. 29.9072. HOLOCAUST REMEMBRANCE WEEK.

  204. Tex. Education Code Sec. 29.9073. TEXAS FRUIT AND VEGETABLE DAY.

  205. Tex. Education Code Sec. 29.9074. FENTANYL POISONING AWARENESS WEEK.

  206. Tex. Education Code Sec. 29.908. EARLY COLLEGE EDUCATION PROGRAM.

  207. Tex. Education Code Sec. 29.910. PROGRAMS OF MUTUAL BENEFIT.

  208. Tex. Education Code Sec. 29.911. GENERATION TEXAS WEEK.

  209. Tex. Education Code Sec. 29.912. RURAL PATHWAY EXCELLENCE PARTNERSHIP (R-PEP) PROGRAM.

  210. Tex. Education Code Sec. 29.914. APPLIED SCIENCES PATHWAY PROGRAM.

  211. Tex. Education Code Sec. 29.915. FINANCIAL LITERACY PILOT PROGRAM.

  212. Tex. Education Code Sec. 29.916. HOME-SCHOOLED STUDENT MERIT SCHOLARSHIP AND ADVANCED PLACEMENT TESTING.

  213. Tex. Education Code Sec. 29.917. HIGHER EDUCATION AND WORKFORCE READINESS PROGRAMS.

  214. Tex. Education Code Sec. 29.918. DROPOUT PREVENTION STRATEGIES.

  215. Tex. Education Code Sec. 29.920. WINTER CELEBRATIONS.

  216. Tex. Education Code Sec. 29.922. TEXAS WORKFORCE INNOVATION NEEDS PROGRAM.

  217. Tex. Education Code Sec. 29.923. WORKPLACE SAFETY TRAINING INFORMATION.

  218. Tex. Education Code Sec. 29.924. BLENDED LEARNING GRANT PROGRAM.

  219. Tex. Education Code Sec. 29.925. TEXAS GIRLS IN STEM. In recognition of Texas Girls in STEM Day, each school district may include throughout the month of March appropriate instruction, activities, and programs to encourage and celebrate women in career fields related to science, technology, engineering, and mathematics. The instruction may include programs that profile women in those fields and related fields, including finance, information technology, data analytics, cybersecurity, and health care cloud architecture.

  220. Tex. Education Code Sec. 29.926. AGRICULTURE EDUCATION PROGRAM.

  221. Tex. Education Code Sec. 29.929. PROGRAMS TO ENSURE ONE-TIME INTENSIVE EDUCATIONAL SUPPORTS FOR OVERCOMING COVID-19 PANDEMIC IMPACT.

  222. Tex. Education Code Sec. 29.931. BROADBAND TECHNICAL SUPPORT FOR STUDENTS. From appropriated state funds or other funds, including federal funds, available for this section, the agency shall provide technical assistance to school districts and open-enrollment charter schools to ensure Internet access for students who have limited or no access to the Internet.

  223. Tex. Education Code Sec. 29.934. RESOURCE CAMPUS.

  224. Tex. Education Code Sec. 29.940. FEDERAL GRANT ADMINISTRATION. For a federal grant program under which the agency oversees and administers services to nonpublic schools, the agency shall follow federal disposition rules and procedures to dispose of equipment or supplies that are unused or no longer needed and were previously allocated to nonpublic schools participating in the grant program.

Chapter 30

  1. Tex. Education Code Sec. 30.002. STATE PLAN FOR CHILDREN WITH VISUAL IMPAIRMENTS, WHO ARE DEAF OR HARD OF HEARING, OR WHO ARE DEAF-BLIND.

  2. Tex. Education Code Sec. 30.0021. REQUIREMENTS FOR CHILDREN WITH VISUAL IMPAIRMENTS.

  3. Tex. Education Code Sec. 30.003. SUPPORT OF STUDENTS ENROLLED IN TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED OR TEXAS SCHOOL FOR THE DEAF.

  4. Tex. Education Code Sec. 30.004. INFORMATION CONCERNING PROGRAMS.

  5. Tex. Education Code Sec. 30.005. TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED MEMORANDUM OF UNDERSTANDING. The Texas Education Agency and the Texas School for the Blind and Visually Impaired shall develop a memorandum of understanding to establish:

  6. Tex. Education Code Sec. 30.021. PURPOSE OF TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED.

  7. Tex. Education Code Sec. 30.022. GOVERNANCE OF THE TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED.

  8. Tex. Education Code Sec. 30.023. SUPERINTENDENT OF THE TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED.

  9. Tex. Education Code Sec. 30.024. EMPLOYEES OF THE TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED.

  10. Tex. Education Code Sec. 30.025. FUNDING OF TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED.

  11. Tex. Education Code Sec. 30.027. LEASE OF CERTAIN PROPERTY OF TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED.

  12. Tex. Education Code Sec. 30.028. LEASE OF CERTAIN PROPERTY OF TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED FOR A DAY-CARE CENTER.

  13. Tex. Education Code Sec. 30.029. ANN P. SILVERRAIN BUILDING. The classroom building on the campus of the Texas School for the Blind and Visually Impaired formerly known as the Life Skills Building, located at the rear of the east side of the campus near Sunshine Drive at 1100 West 45th Street in Austin, is named the Ann P. Silverrain Building in honor of Ann P. Silverrain.

  14. Tex. Education Code Sec. 30.051. PURPOSE OF TEXAS SCHOOL FOR THE DEAF.

  15. Tex. Education Code Sec. 30.052. GOVERNANCE OF THE TEXAS SCHOOL FOR THE DEAF.

  16. Tex. Education Code Sec. 30.053. SUPERINTENDENT OF THE TEXAS SCHOOL FOR THE DEAF.

  17. Tex. Education Code Sec. 30.054. PRINTING AT THE TEXAS SCHOOL FOR THE DEAF.

  18. Tex. Education Code Sec. 30.055. EMPLOYEES OF THE TEXAS SCHOOL FOR THE DEAF.

  19. Tex. Education Code Sec. 30.056. FUNDING OF THE TEXAS SCHOOL FOR THE DEAF.

  20. Tex. Education Code Sec. 30.057. ADMISSION TO TEXAS SCHOOL FOR THE DEAF.

  21. Tex. Education Code Sec. 30.059. LEASE OF CERTAIN PROPERTY OF TEXAS SCHOOL FOR THE DEAF FOR A DAY-CARE CENTER.

  22. Tex. Education Code Sec. 30.081. LEGISLATIVE INTENT CONCERNING REGIONAL DAY SCHOOLS FOR THE DEAF. The legislature, by this subchapter, intends to continue a process of providing on a statewide basis a suitable education to deaf or hard of hearing students who are under 22 years of age and assuring that those students have the opportunity to become independent citizens.

  23. Tex. Education Code Sec. 30.082. DIRECTOR OF SERVICES. To carry out legislative intent and the objectives of Section 30.081, the agency shall employ a director of services to students who are deaf or hard of hearing.

  24. Tex. Education Code Sec. 30.083. STATEWIDE PLAN. The director of services shall develop and administer a comprehensive statewide plan for educational services for students who are deaf or hard of hearing and receive special education and related services through a regional day school program for the deaf. The plan shall be included as part of the comprehensive statewide plan under Section 30.002.

  25. Tex. Education Code Sec. 30.085. USE OF LOCAL RESOURCES. Local resources shall be used to the fullest practicable extent in the establishment and operation of the regional day school programs for the deaf.

  26. Tex. Education Code Sec. 30.086. POWERS AND DUTIES OF AGENCY.

  27. Tex. Education Code Sec. 30.087. FUNDING.

  28. Tex. Education Code Sec. 30.101. PURPOSE. The purpose of this subchapter is to provide the state available school fund apportionment to children committed to the Texas Juvenile Justice Department. To provide the state available school fund apportionment for educational purposes, the educational programs provided to those children are considered to be educational services provided by public schools.

  29. Tex. Education Code Sec. 30.102. ALLOCATION.

  30. Tex. Education Code Sec. 30.103. MEMORANDUM OF UNDERSTANDING. The Texas Juvenile Justice Department with the assistance of the Texas Workforce Commission and the Texas Workforce Investment Council shall by rule adopt a memorandum of understanding that establishes the respective responsibility of those entities to provide through local workforce development boards job training and employment assistance programs to children committed or formerly sentenced to the department. The department shall coordinate the development of the memorandum of understanding and include in its annual report information describing the number of children in the preceding year receiving services under the memorandum.

  31. Tex. Education Code Sec. 30.104. CREDIT FOR COMPLETION OF EDUCATIONAL PROGRAMS; HIGH SCHOOL DIPLOMA AND CERTIFICATE.

  32. Tex. Education Code Sec. 30.106. READING AND BEHAVIOR PLAN.

Chapter 31

  1. Tex. Education Code Sec. 31.001. FREE INSTRUCTIONAL MATERIALS. Instructional materials selected for use in the public schools shall be furnished without cost to the students attending those schools. Except as provided by Section 31.104(d), a school district may not charge a student for instructional material or technological equipment purchased by the district with the district's instructional materials and technology allotment.

  2. Tex. Education Code Sec. 31.002. DEFINITIONS. In this chapter:

  3. Tex. Education Code Sec. 31.003. RULES.

  4. Tex. Education Code Sec. 31.006. ADVISORY COMMITTEE. The State Board of Education or the agency may form an advisory committee to comply with the provisions of this chapter. Chapter 2110, Government Code, does not apply to an advisory committee formed under this section.

  5. Tex. Education Code Sec. 31.0205. FUNDING FOR OPEN-ENROLLMENT CHARTER SCHOOLS. An open-enrollment charter school is entitled to the instructional materials and technology allotment under this chapter and is subject to this chapter as if the school were a school district.

  6. Tex. Education Code Sec. 31.021. STATE INSTRUCTIONAL MATERIALS AND TECHNOLOGY FUND.

  7. Tex. Education Code Sec. 31.0211. INSTRUCTIONAL MATERIALS AND TECHNOLOGY ALLOTMENT.

  8. Tex. Education Code Sec. 31.0212. INSTRUCTIONAL MATERIALS AND TECHNOLOGY ACCOUNT.

  9. Tex. Education Code Sec. 31.0214. ADJUSTMENT FOR HIGH ENROLLMENT GROWTH DISTRICTS. Each year the commissioner shall adjust the instructional materials and technology allotment of school districts experiencing high enrollment growth. The commissioner shall establish a procedure for determining high enrollment growth districts eligible to receive an adjustment under this section and the amount of the instructional materials and technology allotment those districts will receive.

  10. Tex. Education Code Sec. 31.0215. INSTRUCTIONAL MATERIALS AND TECHNOLOGY ALLOTMENT PURCHASES.

  11. Tex. Education Code Sec. 31.0216. AGENCY PURCHASE OF INSTRUCTIONAL MATERIALS AND TECHNOLOGY.

  12. Tex. Education Code Sec. 31.022. STATE BOARD OF EDUCATION INSTRUCTIONAL MATERIALS REVIEW AND APPROVAL.

  13. Tex. Education Code Sec. 31.023. INSTRUCTIONAL MATERIAL REVIEW.

  14. Tex. Education Code Sec. 31.024. LIMITATION ON THE ADOPTION AND USE OF INSTRUCTIONAL MATERIAL. A school district may not adopt or otherwise use instructional material included on the list of rejected instructional materials maintained by the State Board of Education under Section 31.022(a).

  15. Tex. Education Code Sec. 31.025. INSTRUCTIONAL MATERIAL INTERNET WEBSITE.

  16. Tex. Education Code Sec. 31.0251. INSTRUCTIONAL MATERIAL SUPPORT.

  17. Tex. Education Code Sec. 31.0252. LOCAL REVIEW OF CLASSROOM INSTRUCTIONAL MATERIAL.

  18. Tex. Education Code Sec. 31.026. CONTRACT; PRICE.

  19. Tex. Education Code Sec. 31.027. INFORMATION TO SCHOOL DISTRICTS; ELECTRONIC SAMPLE.

  20. Tex. Education Code Sec. 31.028. SPECIAL INSTRUCTIONAL MATERIALS.

  21. Tex. Education Code Sec. 31.029. BILINGUAL INSTRUCTIONAL MATERIALS.

  22. Tex. Education Code Sec. 31.030. USED INSTRUCTIONAL MATERIALS. The State Board of Education shall adopt rules to ensure that used instructional materials sold to school districts and open-enrollment charter schools are not sample copies that contain factual errors. The rules may provide for the imposition of an administrative penalty in accordance with Section 31.151 against a seller of used instructional materials who knowingly violates this section.

  23. Tex. Education Code Sec. 31.031. COLLEGE PREPARATORY INSTRUCTIONAL MATERIALS.

  24. Tex. Education Code Sec. 31.0701. REFERENCES TO STATE-DEVELOPED OPEN EDUCATION RESOURCE INSTRUCTIONAL MATERIAL. In this chapter, a reference to a state-developed open education resource instructional material means an open education resource instructional material, as defined by Section 31.002.

  25. Tex. Education Code Sec. 31.071. AVAILABILITY OF OPEN EDUCATION RESOURCE INSTRUCTIONAL MATERIAL.

  26. Tex. Education Code Sec. 31.07101. FREE USE, REUSE, MODIFICATION, OR SHARING LICENSE.

  27. Tex. Education Code Sec. 31.0711. CONTENT NOT OWNED BY STATE. Open education resource instructional material made available under this subchapter may include content not owned by the state and for which preexisting rights may exist if the content:

  28. Tex. Education Code Sec. 31.0712. OPEN EDUCATION RESOURCE ADVISORY BOARD. The agency shall establish an open education resource advisory board to ensure that open education resource instructional materials made available under this subchapter are:

  29. Tex. Education Code Sec. 31.072. CONTENT REQUIREMENTS.

  30. Tex. Education Code Sec. 31.0721. REVIEW AND RELEASE OF OPEN EDUCATION RESOURCE INSTRUCTIONAL MATERIAL.

  31. Tex. Education Code Sec. 31.0722. OPEN EDUCATION RESOURCE INSTRUCTIONAL MATERIALS REPOSITORY.

  32. Tex. Education Code Sec. 31.073. SELECTION BY SCHOOL DISTRICT.

  33. Tex. Education Code Sec. 31.074. DISTRIBUTION.

  34. Tex. Education Code Sec. 31.075. STATE OWNERSHIP; LICENSING.

  35. Tex. Education Code Sec. 31.0751. OPEN EDUCATION RESOURCE INSTRUCTIONAL MATERIAL TRANSITION PLAN.

  36. Tex. Education Code Sec. 31.0752. OPEN EDUCATION RESOURCE INSTRUCTIONAL MATERIAL SUPPORT PROGRAM.

  37. Tex. Education Code Sec. 31.0753. TEACHER CANDIDATE ACCESS AND SUPPORT PROGRAM. The agency shall develop and maintain a program to assist educator preparation programs in implementing Section 21.044(a-1)(4).

  38. Tex. Education Code Sec. 31.0754. COMMUNICATION REGARDING OPEN EDUCATION RESOURCE INSTRUCTIONAL MATERIALS. Notwithstanding Chapter 2113, Government Code, the commissioner may enter into contracts or agreements and engage in efforts to communicate information regarding the development and availability of open education resource instructional materials made available under this subchapter, including activities to promote, market, and advertise the content included in and how to use those materials.

  39. Tex. Education Code Sec. 31.076. RULES; FINALITY OF DECISIONS.

  40. Tex. Education Code Sec. 31.1011. CERTIFICATION OF PROVISION OF INSTRUCTIONAL MATERIALS.

  41. Tex. Education Code Sec. 31.1012. REPORT TO AGENCY. Each school district shall annually report to the agency information regarding the instructional materials used by the district during the previous school year, including the cost of each material, to assist the agency in ensuring compliance with Section 31.151(a).

  42. Tex. Education Code Sec. 31.102. TITLE AND CUSTODY; SCHOOL DISTRICT PURCHASES.

  43. Tex. Education Code Sec. 31.103. INSTRUCTIONAL MATERIAL REQUISITIONS.

  44. Tex. Education Code Sec. 31.104. DISTRIBUTION AND HANDLING.

  45. Tex. Education Code Sec. 31.105. SALE OR DISPOSAL OF INSTRUCTIONAL MATERIALS AND TECHNOLOGICAL EQUIPMENT.

  46. Tex. Education Code Sec. 31.106. USE OF LOCAL FUNDS. In addition to any instructional material selected under this chapter, a school district or open-enrollment charter school may use local funds to purchase any instructional materials not included on the list of rejected instructional materials maintained by the State Board of Education under Section 31.022(a).

  47. Tex. Education Code Sec. 31.151. DUTIES OF PUBLISHERS AND MANUFACTURERS.

  48. Tex. Education Code Sec. 31.152. ACCEPTING REBATE ON INSTRUCTIONAL MATERIALS OR TECHNOLOGICAL EQUIPMENT.

  49. Tex. Education Code Sec. 31.153. VIOLATION OF FREE INSTRUCTIONAL MATERIALS LAW.

  50. Tex. Education Code Sec. 31.154. INSTRUCTIONAL MATERIALS PARENT PORTAL.

Chapter 32

  1. Tex. Education Code Sec. 32.001. DEVELOPMENT OF LONG-RANGE PLAN.

  2. Tex. Education Code Sec. 32.002. AUTHORITY OF SCHOOL DISTRICT. A school district is not required by this subchapter to acquire or use technology that has been approved, selected, or contracted for by the State Board of Education or the commissioner.

  3. Tex. Education Code Sec. 32.003. AUTHORITY OF COMMISSIONER TO CONTRACT. The commissioner may contract with developers of technology to supply technology for use by school districts throughout this state.

  4. Tex. Education Code Sec. 32.004. FEES. The State Board of Education, on the commissioner's recommendation, may establish a reasonable fee for services provided under this chapter.

  5. Tex. Education Code Sec. 32.031. PURPOSE. To prepare students for the 21st century, it is the policy of this state that a superior education should be available to all students under a thorough and efficient system of public education. Educational resources shall be devoted to the maximum extent possible to the instruction of students. To accomplish those purposes, public education must use, in a comprehensive manner, appropriate, accessible technology in all aspects of instruction, administration, and communication.

  6. Tex. Education Code Sec. 32.032. ELECTRONIC INFORMATION SYSTEM.

  7. Tex. Education Code Sec. 32.033. INTEGRATED TELECOMMUNICATIONS SYSTEM.

  8. Tex. Education Code Sec. 32.034. CENTER FOR EDUCATIONAL TECHNOLOGY.

  9. Tex. Education Code Sec. 32.035. DEMONSTRATION PROGRAMS.

  10. Tex. Education Code Sec. 32.036. PREVIEW CENTERS AND TRAINING PROGRAMS. The agency may establish and provide for the operation of a technology preview center and training program in each regional education service center to assist district and campus personnel in developing and maintaining the comprehensive use of appropriate technology in all aspects of instruction, administration, and communications.

  11. Tex. Education Code Sec. 32.101. DEFINITIONS. In this subchapter:

  12. Tex. Education Code Sec. 32.102. AUTHORITY.

  13. Tex. Education Code Sec. 32.1021. STANDARDS. The agency shall adopt standards for permissible electronic devices and software applications used by a school district or open-enrollment charter school. In adopting the standards, the agency must:

  14. Tex. Education Code Sec. 32.103. ELIGIBILITY; PREFERENCE.

  15. Tex. Education Code Sec. 32.104. REQUIREMENTS FOR TRANSFER. Before transferring data processing equipment or an electronic device to a student, a school district or open-enrollment charter school must:

  16. Tex. Education Code Sec. 32.105. EXPENDITURE OF PUBLIC FUNDS. A school district or open-enrollment charter school may spend public funds to:

  17. Tex. Education Code Sec. 32.106. RETURN OF EQUIPMENT.

  18. Tex. Education Code Sec. 32.151. DEFINITIONS. In this subchapter:

  19. Tex. Education Code Sec. 32.152. PROHIBITED USE OF COVERED INFORMATION.

  20. Tex. Education Code Sec. 32.153. ALLOWED DISCLOSURE OF COVERED INFORMATION.

  21. Tex. Education Code Sec. 32.154. ALLOWED USE OF COVERED INFORMATION. This subchapter does not prohibit an operator from:

  22. Tex. Education Code Sec. 32.155. PROTECTION OF COVERED INFORMATION.

  23. Tex. Education Code Sec. 32.156. DELETION OF COVERED INFORMATION. If a school district requests the deletion of a student's covered information under the control of the school district and maintained by the operator, the operator shall delete the information not later than the 60th day after the date of the request, or as otherwise specified in the contract or terms of service, unless the student or the student's parent consents to the operator's maintenance of the covered information.

  24. Tex. Education Code Sec. 32.157. APPLICABILITY. This subchapter does not:

  25. Tex. Education Code Sec. 32.258. STUDENT ASSESSMENT DATA; DATA PORTAL.

  26. Tex. Education Code Sec. 32.301. ESTABLISHMENT OF PROGRAM.

  27. Tex. Education Code Sec. 32.302. FUNDING.

  28. Tex. Education Code Sec. 32.303. USE OF GRANT FUNDS.

Chapter 33

  1. Tex. Education Code Sec. 33.002. CERTIFIED SCHOOL COUNSELOR.

  2. Tex. Education Code Sec. 33.003. PARENTAL CONSENT. The board of trustees of each school district shall adopt guidelines to ensure that written consent is obtained from the parent, legal guardian, or person entitled to enroll the student under Section 25.001(j) for the student to participate in those activities for which the district requires parental consent.

  3. Tex. Education Code Sec. 33.004. PARENTAL INVOLVEMENT.

  4. Tex. Education Code Sec. 33.005. COMPREHENSIVE SCHOOL COUNSELING PROGRAMS.

  5. Tex. Education Code Sec. 33.006. SCHOOL COUNSELORS; GENERAL DUTIES.

  6. Tex. Education Code Sec. 33.007. COUNSELING REGARDING POSTSECONDARY EDUCATION.

  7. Tex. Education Code Sec. 33.009. POSTSECONDARY EDUCATION AND CAREER COUNSELING ACADEMIES.

  8. Tex. Education Code Sec. 33.020. DEFINITIONS. In this subchapter:

  9. Tex. Education Code Sec. 33.0205. CONSTRUCTION OF SUBCHAPTER. Nothing in this subchapter may be construed as limiting the acquisition of instructional material, as defined by Section 31.002, necessary for the teaching of, instruction in, or demonstration of knowledge of the essential knowledge and skills adopted under Section 28.002.

  10. Tex. Education Code Sec. 33.021. LIBRARY STANDARDS.

  11. Tex. Education Code Sec. 33.022. CONTRACT WITH COUNTY OR MUNICIPALITY.

  12. Tex. Education Code Sec. 33.023. PARENTAL ACCESS TO LIBRARY CATALOG AND ACCESS BY THE PARENT'S CHILD TO CERTAIN LIBRARY MATERIALS.

  13. Tex. Education Code Sec. 33.024. PARENTAL ACCESS TO STUDENT LIBRARY RECORDS. Each school district and open-enrollment charter school that uses a learning management system or an online learning portal shall, through the system or portal, provide to each parent of a child enrolled in the district or school a record of each time the parent's child checks out or otherwise uses outside the school library a library material. The record must include, as applicable, the title, author, genre, and return date of the library material.

  14. Tex. Education Code Sec. 33.025. LOCAL SCHOOL LIBRARY ADVISORY COUNCIL.

  15. Tex. Education Code Sec. 33.026. ACQUISITION OF LIBRARY MATERIALS.

  16. Tex. Education Code Sec. 33.027. CHALLENGE OR APPEAL REGARDING LIBRARY MATERIALS; LOCAL SCHOOL LIBRARY ADVISORY COUNCIL RECOMMENDATIONS.

  17. Tex. Education Code Sec. 33.051. DEFINITIONS. In this subchapter:

  18. Tex. Education Code Sec. 33.052. MISSING CHILD PREVENTION AND IDENTIFICATION PROGRAMS.

  19. Tex. Education Code Sec. 33.053. FINGERPRINTS OF CHILDREN.

  20. Tex. Education Code Sec. 33.0531. CHILD IDENTIFICATION PROGRAM.

  21. Tex. Education Code Sec. 33.054. PHOTOGRAPHS OF CHILDREN.

  22. Tex. Education Code Sec. 33.055. FINGERPRINTS AND PHOTOGRAPHS NOT USED AS EVIDENCE.

  23. Tex. Education Code Sec. 33.056. LIABILITY FOR NONPERFORMANCE. A person is not liable in any suit for damages for negligent performance or nonperformance of any requirement of this subchapter.

  24. Tex. Education Code Sec. 33.057. DESTRUCTION OF FINGERPRINTS AND PHOTOGRAPHS. The agency shall adopt rules relating to the destruction of fingerprints and photographs made or kept under Section 33.053 or 33.054.

  25. Tex. Education Code Sec. 33.081. EXTRACURRICULAR ACTIVITIES.

  26. Tex. Education Code Sec. 33.0811. SCHOOL DISTRICT POLICY ON ABSENCES TO PARTICIPATE IN EXTRACURRICULAR ACTIVITIES.

  27. Tex. Education Code Sec. 33.0815. CERTAIN REQUIREMENTS FOR STUDENT CLUBS.

  28. Tex. Education Code Sec. 33.082. EXTRACURRICULAR ACTIVITIES; USE OF DISCRIMINATORY ATHLETIC CLUB.

  29. Tex. Education Code Sec. 33.083. INTERSCHOLASTIC LEAGUES.

  30. Tex. Education Code Sec. 33.0831. UNIVERSITY INTERSCHOLASTIC LEAGUE RULES: FISCAL IMPACT STATEMENT.

  31. Tex. Education Code Sec. 33.0832. EQUAL OPPORTUNITY FOR CERTAIN STUDENTS TO PARTICIPATE IN UNIVERSITY INTERSCHOLASTIC LEAGUE ACTIVITIES.

  32. Tex. Education Code Sec. 33.0833. PARTICIPATION IN UNIVERSITY INTERSCHOLASTIC LEAGUE ACTIVITIES BY STUDENTS RECEIVING OUTPATIENT MENTAL HEALTH SERVICES.

  33. Tex. Education Code Sec. 33.0834. INTERSCHOLASTIC ATHLETIC COMPETITION BASED ON BIOLOGICAL SEX.

  34. Tex. Education Code Sec. 33.084. INTERSCHOLASTIC LEAGUE ADVISORY COUNCIL.

  35. Tex. Education Code Sec. 33.085. AUTHORITY OF UNIVERSITY INTERSCHOLASTIC LEAGUE REGARDING ACTIVITIES INVOLVING SPORTS OFFICIALS.

  36. Tex. Education Code Sec. 33.086. CERTIFICATION IN CARDIOPULMONARY RESUSCITATION AND FIRST AID.

  37. Tex. Education Code Sec. 33.087. ELIGIBILITY OF STUDENTS PARTICIPATING IN JOINT CREDIT OR CONCURRENT ENROLLMENT PROGRAMS. A student otherwise eligible to participate in an extracurricular activity or a University Interscholastic League competition is not ineligible because the student is enrolled in a course offered for joint high school and college credit, or in a course offered under a concurrent enrollment program, regardless of the location at which the course is provided.

  38. Tex. Education Code Sec. 33.091. PREVENTION OF ILLEGAL STEROID USE; RANDOM TESTING.

  39. Tex. Education Code Sec. 33.092. STUDENT ELECTION CLERKS AND EARLY VOTING CLERKS. A student who is appointed as a student election clerk under Section 32.0511, Election Code, or as a student early voting clerk under Section 83.012, Election Code, may apply the time served as a student election clerk or student early voting clerk toward:

  40. Tex. Education Code Sec. 33.093. RECOGNITION OF PARTICIPATION IN SPECIAL OLYMPICS. If a school district allows high school students to earn a letter for academic, athletic, or extracurricular achievements, the district must allow high school students in the district to earn a letter on the basis of a student's participation in a Special Olympics event.

  41. Tex. Education Code Sec. 33.094. FOOTBALL HELMET SAFETY REQUIREMENTS.

  42. Tex. Education Code Sec. 33.096. CARDIAC ASSESSMENTS OF HIGH SCHOOL PARTICIPANTS IN EXTRACURRICULAR ATHLETIC ACTIVITIES.

  43. Tex. Education Code Sec. 33.097. INCLUSIVE SPORTS PROGRAM FOR STUDENTS WITH INTELLECTUAL DISABILITIES.

  44. Tex. Education Code Sec. 33.099. SAFETY OF OFFICIAL. A school district or open-enrollment charter school that holds an extracurricular athletic activity or a University Interscholastic League athletic competition on district or school property shall provide a peace officer, a school resource officer, an administrator, or security personnel to ensure the safety of a referee, judge, or other official of the activity or competition until the official departs district or school property if:

  45. Tex. Education Code Sec. 33.151. DEFINITIONS. In this subchapter:

  46. Tex. Education Code Sec. 33.152. STATEWIDE OPERATION OF PROGRAM. It is the intent of the legislature that the Communities In Schools program operate throughout this state. It is also the intent of the legislature that programs established under Chapter 305, Labor Code, as that chapter existed on August 31, 1999, and its predecessor statute, the Texas Unemployment Compensation Act (Article 5221b-9d, Vernon's Texas Civil Statutes), and programs established under this subchapter shall remain eligible to participate in the Communities In Schools program if funds are available and if their performance meets the criteria established by the agency for renewal of their contracts.

  47. Tex. Education Code Sec. 33.154. DUTIES OF COMMISSIONER.

  48. Tex. Education Code Sec. 33.155. COOPERATION WITH COMMUNITIES IN SCHOOLS, INC. The agency and Communities In Schools, Inc. shall work together to maximize the effectiveness of the Communities In Schools program.

  49. Tex. Education Code Sec. 33.156. FUNDING; EXPANSION OF PARTICIPATION.

  50. Tex. Education Code Sec. 33.157. PARTICIPATION IN PROGRAM. An elementary or secondary school receiving funding under Section 33.156 shall participate in a local Communities In Schools program if the number of students enrolled in the school who are at risk of dropping out of school is equal to at least 10 percent of the number of students in average daily attendance at the school, as determined by the agency.

  51. Tex. Education Code Sec. 33.158. DONATIONS TO PROGRAM.

  52. Tex. Education Code Sec. 33.159. AGENCY PERFORMANCE OF COMMUNITIES IN SCHOOLS FUNCTIONS REQUIRED. The agency, through the Communities In Schools State Office:

  53. Tex. Education Code Sec. 33.201. APPLICABILITY. This subchapter applies to each public school in this state and to any other school in this state subject to University Interscholastic League rules.

  54. Tex. Education Code Sec. 33.202. SAFETY TRAINING REQUIRED.

  55. Tex. Education Code Sec. 33.203. COMPLETION OF UNIVERSITY INTERSCHOLASTIC LEAGUE FORMS.

  56. Tex. Education Code Sec. 33.204. CERTAIN UNSAFE ATHLETIC ACTIVITIES PROHIBITED. A coach, trainer, or sponsor for an extracurricular athletic activity may not encourage or permit a student participating in the activity to engage in any unreasonably dangerous athletic technique that unnecessarily endangers the health of a student, including using a helmet or any other sports equipment as a weapon.

  57. Tex. Education Code Sec. 33.205. CERTAIN SAFETY PRECAUTIONS REQUIRED.

  58. Tex. Education Code Sec. 33.206. COMPLIANCE; ENFORCEMENT.

  59. Tex. Education Code Sec. 33.207. CONTACT INFORMATION.

  60. Tex. Education Code Sec. 33.208. NOTICE REQUIRED.

  61. Tex. Education Code Sec. 33.209. INCORPORATION OF SAFETY REGULATIONS. The University Interscholastic League shall incorporate the provisions of Sections 33.203-33.207 into the league's constitution and contest rules.

  62. Tex. Education Code Sec. 33.210. IMMUNITY FROM LIABILITY. This subchapter does not waive any liability or immunity of a school district or its officers or employees. This subchapter does not create any liability for or a cause of action against a school district or its officers or employees.

  63. Tex. Education Code Sec. 33.211. LIMITATION ON LIABILITY. A person who volunteers to assist with an extracurricular activity is not liable for civil damages arising out of an act or omission relating to the requirements under Section 33.205 unless the act or omission is willfully or wantonly negligent.

  64. Tex. Education Code Sec. 33.251. DEFINITION. In this chapter, "council" means the Expanded Learning Opportunities Council.

  65. Tex. Education Code Sec. 33.252. EXPANDED LEARNING OPPORTUNITIES.

  66. Tex. Education Code Sec. 33.253. ESTABLISHMENT; PURPOSES.

  67. Tex. Education Code Sec. 33.254. SUNSET PROVISION. The council is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the council is abolished and this subchapter expires September 1, 2029.

  68. Tex. Education Code Sec. 33.255. COMPOSITION. The council is composed of 13 members appointed by the commissioner as follows:

  69. Tex. Education Code Sec. 33.256. MEETINGS.

  70. Tex. Education Code Sec. 33.257. COMPENSATION. A member of the council may not receive compensation for service on the council.

  71. Tex. Education Code Sec. 33.258. POWERS AND DUTIES.

  72. Tex. Education Code Sec. 33.259. STATEWIDE EXPANDED LEARNING OPPORTUNITIES PLAN; REPORT.

  73. Tex. Education Code Sec. 33.260. GIFTS, GRANTS, AND DONATIONS. The agency may accept on behalf of the council a gift, grant, or donation from any source to carry out the purposes of this subchapter.

  74. Tex. Education Code Sec. 33.901. BREAKFAST PROGRAMS.

  75. Tex. Education Code Sec. 33.9011. PROHIBITION ON CERTAIN ADDITIVES IN FREE OR REDUCED-PRICE MEALS.

  76. Tex. Education Code Sec. 33.902. PUBLIC SCHOOL CHILD CARE.

  77. Tex. Education Code Sec. 33.903. COMMUNITY EDUCATION CHILD CARE SERVICES.

  78. Tex. Education Code Sec. 33.9031. BEFORE-SCHOOL AND AFTER-SCHOOL PROGRAMS.

  79. Tex. Education Code Sec. 33.904. LIAISON FOR CERTAIN CHILDREN IN CONSERVATORSHIP OF STATE.

  80. Tex. Education Code Sec. 33.907. DONATION OF FOOD.

  81. Tex. Education Code Sec. 33.908. GRACE PERIOD POLICY FOR EXHAUSTED OR INSUFFICIENT MEAL CARD OR ACCOUNT BALANCE. The board of trustees of a school district that allows students to use a prepaid meal card or account to purchase meals served at schools in the district shall adopt a grace period policy regarding the use of the cards or accounts. The policy:

  82. Tex. Education Code Sec. 33.909. PURPLE STAR CAMPUS.

  83. Tex. Education Code Sec. 33.913. TUTORING PROGRAM.

Chapter 34

  1. Tex. Education Code Sec. 34.001. PURCHASE OF MOTOR VEHICLES.

  2. Tex. Education Code Sec. 34.002. SAFETY STANDARDS.

  3. Tex. Education Code Sec. 34.003. OPERATION OF SCHOOL BUSES.

  4. Tex. Education Code Sec. 34.004. STANDING CHILDREN. A school district may not require or allow a child to stand on a school bus or passenger van that is in motion.

  5. Tex. Education Code Sec. 34.005. FINANCING.

  6. Tex. Education Code Sec. 34.006. SALE OF BUSES.

  7. Tex. Education Code Sec. 34.007. PUBLIC SCHOOL TRANSPORTATION SYSTEM.

  8. Tex. Education Code Sec. 34.008. CONTRACT WITH TRANSIT AUTHORITY, COMMERCIAL TRANSPORTATION COMPANY, OR JUVENILE BOARD.

  9. Tex. Education Code Sec. 34.009. CONTRACTS FOR USE, ACQUISITION, OR LEASE OF SCHOOL BUS.

  10. Tex. Education Code Sec. 34.010. USE OF SCHOOL BUSES FOR EXTRACURRICULAR AND OTHER SCHOOL-RELATED ACTIVITIES.

  11. Tex. Education Code Sec. 34.011. APPEALS. A policy decision of a board of county school trustees or board of trustees of a school district affecting transportation is final and may not be appealed.

  12. Tex. Education Code Sec. 34.012. THREE-POINT SEAT BELT INSTRUCTION; INFORMATION CLEARINGHOUSE.

  13. Tex. Education Code Sec. 34.013. BUS SEAT BELT POLICY. A school district shall require a student riding a bus operated by or contracted for operation by the district to wear a seat belt if the bus is equipped with seat belts for all passengers on the bus. A school district may implement a disciplinary policy to enforce the use of seat belts by students.

  14. Tex. Education Code Sec. 34.014. FUNDING FOR THREE-POINT SEAT BELTS.

  15. Tex. Education Code Sec. 34.015. REPORTING OF BUS COLLISIONS.

Chapter 35

  1. Tex. Education Code Sec. 35.001. DEFINITIONS. In this chapter:

  2. Tex. Education Code Sec. 35.002. RATINGS REQUIRED.

  3. Tex. Education Code Sec. 35.0021. RATING GUIDELINES.

  4. Tex. Education Code Sec. 35.003. AGENCY REVIEW.

  5. Tex. Education Code Sec. 35.004. LIABILITY. A school district or open-enrollment charter school or a teacher, librarian, or other staff member employed by a district or school is not liable for any claim or damage resulting from a library material vendor's violation of this chapter.

  6. Tex. Education Code Sec. 35.005. PARENTAL CONSENT REQUIRED FOR USE OF CERTAIN LIBRARY MATERIALS. A school district or open-enrollment charter school may not allow a student enrolled in the district or school to reserve, check out, or otherwise use outside the school library library material the library material vendor has rated as sexually relevant material under Section 35.002(a) unless the district or school first obtains written consent from the student's parent or person standing in parental relation.

  7. Tex. Education Code Sec. 35.006. REVIEW AND REPORTING OF CERTAIN LIBRARY MATERIALS.

  8. Tex. Education Code Sec. 35.007. RULES. The commissioner may adopt rules as necessary to administer this chapter.

  9. Tex. Education Code Sec. 35.008. ASSISTANCE OF AGENCY. The agency may provide assistance to school districts and open-enrollment charter schools in complying with this chapter.

Chapter 37

  1. Tex. Education Code Sec. 37.001. STUDENT CODE OF CONDUCT.

  2. Tex. Education Code Sec. 37.0011. USE OF CORPORAL PUNISHMENT.

  3. Tex. Education Code Sec. 37.0012. DESIGNATION OF CAMPUS BEHAVIOR COORDINATOR.

  4. Tex. Education Code Sec. 37.0013. POSITIVE BEHAVIOR PROGRAM.

  5. Tex. Education Code Sec. 37.0014. POLICY FOR PARENTAL INVOLVEMENT IN SCHOOL DISCIPLINARY PLACEMENTS.

  6. Tex. Education Code Sec. 37.002. REMOVAL BY TEACHER.

  7. Tex. Education Code Sec. 37.0021. USE OF CONFINEMENT, RESTRAINT, SECLUSION, AND TIME-OUT.

  8. Tex. Education Code Sec. 37.0022. REMOVAL BY SCHOOL BUS DRIVER.

  9. Tex. Education Code Sec. 37.0023. PROHIBITED AVERSIVE TECHNIQUES.

  10. Tex. Education Code Sec. 37.003. PLACEMENT REVIEW COMMITTEE.

  11. Tex. Education Code Sec. 37.004. PLACEMENT OF STUDENTS WITH DISABILITIES.

  12. Tex. Education Code Sec. 37.005. SUSPENSION.

  13. Tex. Education Code Sec. 37.0051. PLACEMENT OF STUDENTS COMMITTING SEXUAL ASSAULT AGAINST ANOTHER STUDENT.

  14. Tex. Education Code Sec. 37.0052. PLACEMENT OR EXPULSION OF STUDENTS WHO HAVE ENGAGED IN CERTAIN BULLYING BEHAVIOR.

  15. Tex. Education Code Sec. 37.006. REMOVAL FOR CERTAIN CONDUCT.

  16. Tex. Education Code Sec. 37.0061. FUNDING FOR ALTERNATIVE EDUCATION SERVICES IN JUVENILE RESIDENTIAL FACILITIES. A school district that provides education services to pre-adjudicated and post-adjudicated students who are confined by court order in a juvenile residential facility operated by a juvenile board is entitled to count such students in the district's average daily attendance for purposes of receipt of state funds under the Foundation School Program. If the district has a local revenue level greater than the guaranteed local revenue level but less than the level established under Section 48.257, the district in which the student is enrolled on the date a court orders the student to be confined to a juvenile residential facility shall transfer to the district providing education services an amount equal to the difference between the average Foundation School Program costs per student of the district providing education services and the sum of the state aid and the money from the available school fund received by the district that is attributable to the student for the portion of the school year for which the district provides education services to the student.

  17. Tex. Education Code Sec. 37.0062. INSTRUCTIONAL REQUIREMENTS FOR ALTERNATIVE EDUCATION SERVICES IN JUVENILE RESIDENTIAL FACILITIES.

  18. Tex. Education Code Sec. 37.007. EXPULSION FOR SERIOUS OFFENSES.

  19. Tex. Education Code Sec. 37.0071. VIRTUAL EDUCATION AS ALTERNATIVE TO EXPULSION.

  20. Tex. Education Code Sec. 37.008. DISCIPLINARY ALTERNATIVE EDUCATION PROGRAMS.

  21. Tex. Education Code Sec. 37.0081. EXPULSION AND PLACEMENT OF CERTAIN STUDENTS IN ALTERNATIVE SETTINGS.

  22. Tex. Education Code Sec. 37.0082. ASSESSMENT OF ACADEMIC GROWTH OF STUDENTS IN DISCIPLINARY ALTERNATIVE EDUCATION PROGRAMS.

  23. Tex. Education Code Sec. 37.0083. VIRTUAL EXPULSION PROGRAM.

  24. Tex. Education Code Sec. 37.009. CONFERENCE; HEARING; REVIEW.

  25. Tex. Education Code Sec. 37.0091. NOTICE TO NONCUSTODIAL PARENT.

  26. Tex. Education Code Sec. 37.0095. ANTISEMITISM: DISCIPLINARY ACTION. In taking disciplinary action against a student for behavior that violates the student code of conduct adopted under Section 37.001 and that may reasonably be determined to have been motivated by antisemitism, a school district or open-enrollment charter school shall use the definition of antisemitism provided by Section 448.001, Government Code, including the examples referenced in that term, in determining whether the student's behavior was motivated by antisemitism.

  27. Tex. Education Code Sec. 37.010. COURT INVOLVEMENT.

  28. Tex. Education Code Sec. 37.011. JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM.

  29. Tex. Education Code Sec. 37.012. FUNDING OF JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAMS.

  30. Tex. Education Code Sec. 37.013. COORDINATION BETWEEN SCHOOL DISTRICTS AND JUVENILE BOARDS. The board of trustees of the school district or the board's designee shall at the call of the president of the board of trustees regularly meet with the juvenile board for the county in which the district's central administrative office is located or the juvenile board's designee concerning supervision and rehabilitative services appropriate for expelled students and students assigned to disciplinary alternative education programs. Matters for discussion shall include service by probation officers at the disciplinary alternative education program site, recruitment of volunteers to serve as mentors and provide tutoring services, and coordination with other social service agencies.

  31. Tex. Education Code Sec. 37.014. COURT-RELATED CHILDREN--LIAISON OFFICERS. Each school district shall appoint at least one educator to act as liaison officer for court-related children who are enrolled in the district. The liaison officer shall provide counselling and services for each court-related child and the child's parents to establish or reestablish normal attendance and progress of the child in the school.

  32. Tex. Education Code Sec. 37.015. REPORTS TO LOCAL LAW ENFORCEMENT; LIABILITY.

  33. Tex. Education Code Sec. 37.0151. REPORT TO LOCAL LAW ENFORCEMENT REGARDING CERTAIN CONDUCT CONSTITUTING ASSAULT OR HARASSMENT; LIABILITY.

  34. Tex. Education Code Sec. 37.016. REPORT OF DRUG OFFENSES; LIABILITY. A teacher, school administrator, or school employee is not liable in civil damages for reporting to a school administrator or governmental authority, in the exercise of professional judgment within the scope of the teacher's, administrator's, or employee's duties, a student whom the teacher suspects of using, passing, or selling, on school property:

  35. Tex. Education Code Sec. 37.017. DESTRUCTION OF CERTAIN RECORDS. Information received by a school district under Article 15.27, Code of Criminal Procedure, may not be attached to the permanent academic file of the student who is the subject of the report. The school district shall destroy the information at the end of the school year in which the report was filed.

  36. Tex. Education Code Sec. 37.018. INFORMATION FOR EDUCATORS. Each school district shall provide each teacher and administrator with a copy of this subchapter and with a copy of the local policy relating to this subchapter.

  37. Tex. Education Code Sec. 37.0181. PROFESSIONAL DEVELOPMENT REGARDING DISCIPLINARY PROCEDURES.

  38. Tex. Education Code Sec. 37.019. EMERGENCY PLACEMENT OR EXPULSION.

  39. Tex. Education Code Sec. 37.020. REPORTS RELATING TO OUT-OF-SCHOOL SUSPENSIONS, EXPULSIONS, AND DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM PLACEMENTS.

  40. Tex. Education Code Sec. 37.021. OPPORTUNITY TO COMPLETE COURSES DURING IN-SCHOOL AND CERTAIN OTHER PLACEMENTS.

  41. Tex. Education Code Sec. 37.022. NOTICE OF DISCIPLINARY ACTION.

  42. Tex. Education Code Sec. 37.023. TRANSITION FROM ALTERNATIVE EDUCATION PROGRAM TO REGULAR CLASSROOM.

  43. Tex. Education Code Sec. 37.028. PENALTIES FOR IMPOSITION OF DISCIPLINARY MEASURES PROHIBITED.

  44. Tex. Education Code Sec. 37.051. ESTABLISHMENT. Each school district may establish a school-community guidance center designed to locate and assist children with problems that interfere with education, including juvenile offenders and children with severe behavioral problems or character disorders. Each center shall coordinate the efforts of school district personnel, local police departments, school attendance officers, and probation officers in working with students, dropouts, and parents in identifying and correcting factors that adversely affect the education of the children.

  45. Tex. Education Code Sec. 37.052. COOPERATIVE PROGRAMS. The board of trustees of a school district may develop cooperative programs with state youth agencies for children found to have engaged in delinquent conduct.

  46. Tex. Education Code Sec. 37.053. COOPERATION OF GOVERNMENTAL AGENCIES.

  47. Tex. Education Code Sec. 37.054. PARENTAL NOTICE, CONSENT, AND ACCESS TO INFORMATION.

  48. Tex. Education Code Sec. 37.055. PARENTAL INVOLVEMENT.

  49. Tex. Education Code Sec. 37.056. COURT SUPERVISION.

  50. Tex. Education Code Sec. 37.081. SCHOOL DISTRICT PEACE OFFICERS, SCHOOL RESOURCE OFFICERS, AND SECURITY PERSONNEL.

  51. Tex. Education Code Sec. 37.0811. SCHOOL MARSHALS: PUBLIC SCHOOLS.

  52. Tex. Education Code Sec. 37.0812. TRAINING POLICY: SCHOOL DISTRICT PEACE OFFICERS AND SCHOOL RESOURCE OFFICERS.

  53. Tex. Education Code Sec. 37.0813. SCHOOL MARSHALS: PRIVATE SCHOOLS.

  54. Tex. Education Code Sec. 37.08131. MEMORANDUM OF UNDERSTANDING BETWEEN PUBLIC AND PRIVATE SCHOOLS REGARDING SCHOOL MARSHALS.

  55. Tex. Education Code Sec. 37.0814. ARMED SECURITY OFFICER REQUIRED.

  56. Tex. Education Code Sec. 37.0815. TRANSPORTATION OR STORAGE OF FIREARM AND AMMUNITION BY LICENSE HOLDER IN SCHOOL PARKING AREA.

  57. Tex. Education Code Sec. 37.0816. RESERVE POLICE OFFICERS.

  58. Tex. Education Code Sec. 37.0818. PRIVATE SCHOOL PEACE OFFICERS.

  59. Tex. Education Code Sec. 37.082. STUDENT USE OF PERSONAL COMMUNICATION DEVICES.

  60. Tex. Education Code Sec. 37.083. DISCIPLINE MANAGEMENT PROGRAMS; SEXUAL HARASSMENT POLICIES.

  61. Tex. Education Code Sec. 37.0831. DATING VIOLENCE POLICIES; EDUCATIONAL MATERIALS AND RESOURCES.

  62. Tex. Education Code Sec. 37.0832. BULLYING PREVENTION POLICIES AND PROCEDURES.

  63. Tex. Education Code Sec. 37.084. INTERAGENCY SHARING OF RECORDS.

  64. Tex. Education Code Sec. 37.085. ARRESTS PROHIBITED FOR CERTAIN CLASS C MISDEMEANORS. Notwithstanding any other provision of law, a warrant may not be issued for the arrest of a person for a Class C misdemeanor under this code committed when the person was younger than 17 years of age.

  65. Tex. Education Code Sec. 37.086. REQUIRED POSTING OF WARNING SIGNS OF INCREASED TRAFFICKING PENALTIES.

  66. Tex. Education Code Sec. 37.087. IMMUNITY FROM LIABILITY.

  67. Tex. Education Code Sec. 37.089. ROLE OF PERSONS CARRYING A FIREARM ON SCHOOL GROUNDS.

  68. Tex. Education Code Sec. 37.101. APPLICABILITY OF CRIMINAL LAWS. The criminal laws of the state apply in the areas under the control and jurisdiction of the board of trustees of any school district in this state.

  69. Tex. Education Code Sec. 37.102. RULES; PENALTY.

  70. Tex. Education Code Sec. 37.103. ENFORCEMENT OF RULES. Notwithstanding any other provision of this subchapter, the board of trustees of a school district may authorize any officer commissioned by the board to enforce rules adopted by the board. This subchapter is not intended to restrict the authority of each district to adopt and enforce appropriate rules for the orderly conduct of the district in carrying out its purposes and objectives or the right of separate jurisdiction relating to the conduct of its students and personnel.

  71. Tex. Education Code Sec. 37.1031. AGENCY INSPECTORS. The agency may employ inspectors only for the purposes of:

  72. Tex. Education Code Sec. 37.104. COURTS HAVING JURISDICTION. The judge of a municipal court of a municipality in which, or any justice of the peace of a county in which, property under the control and jurisdiction of a school district is located may hear and determine criminal cases involving violations of this subchapter or rules adopted under this subchapter.

  73. Tex. Education Code Sec. 37.105. UNAUTHORIZED PERSONS: REFUSAL OF ENTRY, EJECTION, IDENTIFICATION.

  74. Tex. Education Code Sec. 37.106. VEHICLE IDENTIFICATION INSIGNIA. The board of trustees of a school district may provide for the issuance and use of suitable vehicle identification insignia. The board may bar or suspend a person from driving or parking a vehicle on any school property as a result of the person's violation of any rule adopted by the board or of this subchapter. Reinstatement of the privileges may be permitted and a reasonable fee assessed.

  75. Tex. Education Code Sec. 37.107. TRESPASS ON SCHOOL GROUNDS. An unauthorized person who trespasses on the grounds of any school district of this state commits an offense. An offense under this section is a Class C misdemeanor.

  76. Tex. Education Code Sec. 37.108. MULTIHAZARD EMERGENCY OPERATIONS PLAN; SAFETY AND SECURITY AUDIT.

  77. Tex. Education Code Sec. 37.1081. PUBLIC HEARING ON MULTIHAZARD EMERGENCY OPERATIONS PLAN NONCOMPLIANCE.

  78. Tex. Education Code Sec. 37.1082. MULTIHAZARD EMERGENCY OPERATIONS PLAN NONCOMPLIANCE; APPOINTMENT OF CONSERVATOR OR BOARD OF MANAGERS.

  79. Tex. Education Code Sec. 37.1083. AGENCY MONITORING OF SCHOOL DISTRICT SAFETY AND SECURITY REQUIREMENTS.

  80. Tex. Education Code Sec. 37.1084. REGIONAL SCHOOL SAFETY REVIEW TEAMS.

  81. Tex. Education Code Sec. 37.1085. ASSIGNMENT OF CONSERVATOR FOR NONCOMPLIANCE WITH SCHOOL SAFETY AND SECURITY REQUIREMENTS.

  82. Tex. Education Code Sec. 37.1086. RECOMMENDATIONS AND GUIDELINES FOR SCHOOL DRILL ACCOMMODATIONS AND MULTIHAZARD EMERGENCY OPERATIONS PLAN PROVISIONS FOR INDIVIDUALS WITH DISABILITIES OR IMPAIRMENTS.

  83. Tex. Education Code Sec. 37.1087. SECURITY REVIEW.

  84. Tex. Education Code Sec. 37.1088. AGENCY REPORT ON SCHOOL SAFETY.

  85. Tex. Education Code Sec. 37.109. SCHOOL SAFETY AND SECURITY COMMITTEE.

  86. Tex. Education Code Sec. 37.110. INFORMATION REGARDING GANG-FREE ZONES. The superintendent of each public school district and the administrator of each private elementary or secondary school located in the public school district shall ensure that the student handbook for each campus in the public school district includes information on gang-free zones and the consequences of engaging in organized criminal activity within those zones.

  87. Tex. Education Code Sec. 37.113. NOTIFICATION REGARDING BOMB THREAT OR TERRORISTIC THREAT. A school district that receives a bomb threat or terroristic threat relating to a campus or other district facility at which students are present shall provide notification of the threat as soon as possible to the parent or guardian of or other person standing in parental relation to each student who is assigned to the campus or who regularly uses the facility, as applicable.

  88. Tex. Education Code Sec. 37.1131. NOTIFICATION REGARDING VIOLENT ACTIVITY.

  89. Tex. Education Code Sec. 37.114. BEST PRACTICES FOR EMERGENCY SCHOOL DRILLS AND EXERCISES; MANDATORY SCHOOL DRILLS. The commissioner, in consultation with the Texas School Safety Center and the state fire marshal, shall adopt rules:

  90. Tex. Education Code Sec. 37.1141. ACTIVE THREAT EXERCISES.

  91. Tex. Education Code Sec. 37.115. THREAT ASSESSMENT AND SAFE AND SUPPORTIVE SCHOOL PROGRAM AND TEAM.

  92. Tex. Education Code Sec. 37.117. EMERGENCY RESPONSE MAP AND WALK-THROUGH.

  93. Tex. Education Code Sec. 37.1171. AVAILABILITY OF BREACHING TOOL AND BALLISTIC SHIELD. Each school district and open-enrollment charter school must have at least one breaching tool and one ballistic shield available for use at each campus in the event of an active shooter incident.

  94. Tex. Education Code Sec. 37.118. SILENT PANIC ALERT TECHNOLOGY.

  95. Tex. Education Code Sec. 37.119. CERTAIN PRIVATE PROVIDER ACCESS TO SCHOOL SAFETY TRAINING.

  96. Tex. Education Code Sec. 37.121. FRATERNITIES, SORORITIES, SECRET SOCIETIES, AND GANGS.

  97. Tex. Education Code Sec. 37.122. POSSESSION OF INTOXICANTS ON PUBLIC SCHOOL GROUNDS.

  98. Tex. Education Code Sec. 37.123. DISRUPTIVE ACTIVITIES.

  99. Tex. Education Code Sec. 37.124. DISRUPTION OF CLASSES.

  100. Tex. Education Code Sec. 37.125. EXHIBITION, USE, OR THREAT OF EXHIBITION OR USE OF FIREARMS.

  101. Tex. Education Code Sec. 37.126. DISRUPTION OF TRANSPORTATION.

  102. Tex. Education Code Sec. 37.141. DEFINITIONS. In this subchapter:

  103. Tex. Education Code Sec. 37.142. CONFLICT OF LAW. To the extent of any conflict, this subchapter controls over any other law applied to a school offense alleged to have been committed by a child.

  104. Tex. Education Code Sec. 37.143. CITATION PROHIBITED; CUSTODY OF CHILD.

  105. Tex. Education Code Sec. 37.144. GRADUATED SANCTIONS FOR CERTAIN SCHOOL OFFENSES.

  106. Tex. Education Code Sec. 37.145. COMPLAINT. If a child fails to comply with or complete graduated sanctions under Section 37.144, or if the school district has not elected to adopt a system of graduated sanctions under that section, the school may file a complaint against the child with a criminal court in accordance with Section 37.146.

  107. Tex. Education Code Sec. 37.146. REQUISITES OF COMPLAINT.

  108. Tex. Education Code Sec. 37.147. PROSECUTING ATTORNEYS. An attorney representing the state in a court with jurisdiction may adopt rules pertaining to the filing of a complaint under this subchapter that the state considers necessary in order to:

  109. Tex. Education Code Sec. 37.148. RIGHT TO REPORT CRIME.

  110. Tex. Education Code Sec. 37.151. DEFINITIONS. In this subchapter:

  111. Tex. Education Code Sec. 37.152. PERSONAL HAZING OFFENSE.

  112. Tex. Education Code Sec. 37.153. ORGANIZATION HAZING OFFENSE.

  113. Tex. Education Code Sec. 37.154. CONSENT NOT A DEFENSE. It is not a defense to prosecution of an offense under this subchapter that the person against whom the hazing was directed consented to or acquiesced in the hazing activity.

  114. Tex. Education Code Sec. 37.155. IMMUNITY FROM PROSECUTION OR CIVIL LIABILITY AVAILABLE.

  115. Tex. Education Code Sec. 37.156. OFFENSES IN ADDITION TO OTHER PENAL PROVISIONS. This subchapter does not affect or repeal any penal law of this state. This subchapter does not limit or affect the right of an educational institution to enforce its own penalties against hazing.

  116. Tex. Education Code Sec. 37.157. REPORTING BY MEDICAL AUTHORITIES. A doctor or other medical practitioner who treats a student who may have been subjected to hazing activities:

  117. Tex. Education Code Sec. 37.158. VENUE.

  118. Tex. Education Code Sec. 37.201. DEFINITION. In this subchapter, "center" means the Texas School Safety Center.

  119. Tex. Education Code Sec. 37.202. PURPOSE. The purpose of the center is to serve as:

  120. Tex. Education Code Sec. 37.203. BOARD.

  121. Tex. Education Code Sec. 37.204. OFFICERS; MEETINGS; COMPENSATION.

  122. Tex. Education Code Sec. 37.205. SAFETY TRAINING PROGRAMS. The center shall conduct for school districts a safety training program that includes:

  123. Tex. Education Code Sec. 37.207. MODEL SAFETY AND SECURITY AUDIT PROCEDURE.

  124. Tex. Education Code Sec. 37.2071. DISTRICT MULTIHAZARD EMERGENCY OPERATIONS PLAN REVIEW AND VERIFICATION.

  125. Tex. Education Code Sec. 37.208. ON-SITE ASSISTANCE. On request of a school district, the center may provide on-site technical assistance to the district for:

  126. Tex. Education Code Sec. 37.209. CENTER WEBSITE. The center shall develop and maintain an interactive Internet website that includes:

  127. Tex. Education Code Sec. 37.2091. REGISTRY OF PERSONS PROVIDING SCHOOL SAFETY OR SECURITY CONSULTING SERVICES.

  128. Tex. Education Code Sec. 37.211. RECOGNITION OF SCHOOLS. The center shall provide for the public recognition of schools that implement effective school safety measures and violence prevention.

  129. Tex. Education Code Sec. 37.212. INTERAGENCY COOPERATION. The center shall promote cooperation between state agencies, institutions of higher education, and any local juvenile delinquency prevention councils to address discipline and safety issues in the state.

  130. Tex. Education Code Sec. 37.2121. MEMORANDA OF UNDERSTANDING AND MUTUAL AID AGREEMENTS.

  131. Tex. Education Code Sec. 37.213. PUBLIC JUNIOR COLLEGES.

  132. Tex. Education Code Sec. 37.214. AUTHORITY TO ACCEPT CERTAIN FUNDS. The center may solicit and accept gifts, grants, and donations from public and private entities to use for the purposes of this subchapter.

  133. Tex. Education Code Sec. 37.215. BUDGET.

  134. Tex. Education Code Sec. 37.216. BIENNIAL REPORT.

  135. Tex. Education Code Sec. 37.217. COMMUNITY EDUCATION RELATING TO INTERNET SAFETY.

  136. Tex. Education Code Sec. 37.218. PROGRAMS ON DANGERS OF STUDENTS SHARING VISUAL MATERIAL DEPICTING MINOR ENGAGED IN SEXUAL CONDUCT.

  137. Tex. Education Code Sec. 37.220. MODEL THREAT ASSESSMENT TEAM POLICIES AND PROCEDURES.

  138. Tex. Education Code Sec. 37.221. FACILITIES STANDARDS REVIEW.

  139. Tex. Education Code Sec. 37.222. RESOURCES ON SAFE FIREARM STORAGE.

  140. Tex. Education Code Sec. 37.301. DEFINITION. In this subchapter, "board of trustees" includes the board's designee.

  141. Tex. Education Code Sec. 37.302. APPLICABILITY. This subchapter:

  142. Tex. Education Code Sec. 37.303. REMOVAL OF REGISTERED SEX OFFENDER FROM REGULAR CLASSROOM. Notwithstanding any provision of Subchapter A, on receiving notice under Article 15.27, Code of Criminal Procedure, or Chapter 62, Code of Criminal Procedure, that a student is required to register as a sex offender under that chapter, a school district shall remove the student from the regular classroom and determine the appropriate placement of the student in the manner provided by this subchapter.

  143. Tex. Education Code Sec. 37.304. PLACEMENT OF REGISTERED SEX OFFENDER WHO IS UNDER COURT SUPERVISION.

  144. Tex. Education Code Sec. 37.305. PLACEMENT OF REGISTERED SEX OFFENDER WHO IS NOT UNDER COURT SUPERVISION. A school district may place a student to whom this subchapter applies and who is not under any form of court supervision in the appropriate alternative education program as provided by Section 37.309 for one semester or in the regular classroom. The district may not place the student in the regular classroom if the district board of trustees determines that the student's presence in the regular classroom:

  145. Tex. Education Code Sec. 37.306. REVIEW OF PLACEMENT IN ALTERNATIVE EDUCATION PROGRAM.

  146. Tex. Education Code Sec. 37.307. PLACEMENT AND REVIEW OF STUDENT WITH DISABILITY.

  147. Tex. Education Code Sec. 37.308. TRANSFER OF REGISTERED SEX OFFENDER. Except as provided by Section 37.304(b), a school district shall determine whether to place a student to whom this subchapter applies and who transfers to the district in the appropriate alternative education program as provided by Section 37.309 or in a regular classroom. The school district shall follow the procedures specified under Section 37.306 in making the determination.

  148. Tex. Education Code Sec. 37.309. PLACEMENT IN DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM OR JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM.

  149. Tex. Education Code Sec. 37.310. FUNDING FOR REGISTERED SEX OFFENDER PLACED IN JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM. A juvenile justice alternative education program is entitled to funding for a student who is placed in the program under this subchapter in the same manner as a juvenile justice alternative education program is entitled to funding under Section 37.012 for a student who is expelled and placed in a juvenile justice alternative education program for conduct for which expulsion is permitted but not required under Section 37.007.

  150. Tex. Education Code Sec. 37.311. CONFERENCE.

  151. Tex. Education Code Sec. 37.312. LIABILITY. This subchapter does not:

  152. Tex. Education Code Sec. 37.313. CONFLICTS OF LAW. To the extent of any conflict between a provision of this subchapter and a provision of Subchapter A, this subchapter prevails.

  153. Tex. Education Code Sec. 37.351. FACILITIES STANDARDS COMPLIANCE.

  154. Tex. Education Code Sec. 37.352. PURCHASING REQUIREMENTS. A school district shall comply with all applicable state laws and rules relating to procurement for district purchases relating to achieving compliance with the facilities standards adopted under Section 7.061 or provided by other law or agency rule.

  155. Tex. Education Code Sec. 37.353. GOOD CAUSE EXCEPTION.

  156. Tex. Education Code Sec. 37.354. FUNDING FOR FACILITIES STANDARDS COMPLIANCE.

  157. Tex. Education Code Sec. 37.355. CONFIDENTIALITY.

Chapter 38

  1. Tex. Education Code Sec. 38.001. IMMUNIZATION; REQUIREMENTS; EXCEPTIONS.

  2. Tex. Education Code Sec. 38.002. IMMUNIZATION RECORDS; REPORTING.

  3. Tex. Education Code Sec. 38.0025. DISSEMINATION OF BACTERIAL MENINGITIS INFORMATION.

  4. Tex. Education Code Sec. 38.003. SCREENING AND TREATMENT FOR DYSLEXIA AND RELATED DISORDERS.

  5. Tex. Education Code Sec. 38.0031. CLASSROOM TECHNOLOGY PLAN FOR STUDENTS WITH DYSLEXIA.

  6. Tex. Education Code Sec. 38.0032. DYSLEXIA TRAINING OPPORTUNITIES.

  7. Tex. Education Code Sec. 38.004. CHILD ABUSE REPORTING AND PROGRAMS.

  8. Tex. Education Code Sec. 38.0041. POLICIES ADDRESSING SEXUAL ABUSE AND OTHER MALTREATMENT OF CHILDREN.

  9. Tex. Education Code Sec. 38.0042. POSTING CHILD ABUSE HOTLINE TELEPHONE NUMBER.

  10. Tex. Education Code Sec. 38.005. PROTECTIVE EYE DEVICES IN PUBLIC SCHOOLS. Each teacher and student must wear industrial-quality eye-protective devices in appropriate situations as determined by school district policy.

  11. Tex. Education Code Sec. 38.0051. ACADEMIC ACCOMMODATIONS FOR STUDENT WITH CONCUSSION OR OTHER BRAIN INJURY.

  12. Tex. Education Code Sec. 38.006. E-CIGARETTES AND TOBACCO PRODUCTS ON SCHOOL PROPERTY.

  13. Tex. Education Code Sec. 38.007. ALCOHOL-FREE SCHOOL ZONES.

  14. Tex. Education Code Sec. 38.008. POSTING OF STEROID LAW NOTICE. Each school in a school district in which there is a grade level of seven or higher shall post in a conspicuous location in the school gymnasium and each other place in a building where physical education classes are conducted the following notice:

  15. Tex. Education Code Sec. 38.009. ACCESS TO MEDICAL RECORDS.

  16. Tex. Education Code Sec. 38.0095. PARENTAL ACCESS TO MEDICAL RECORDS.

  17. Tex. Education Code Sec. 38.010. OUTSIDE COUNSELORS.

  18. Tex. Education Code Sec. 38.0101. AUTHORITY TO EMPLOY OR CONTRACT WITH NONPHYSICIAN MENTAL HEALTH PROFESSIONAL.

  19. Tex. Education Code Sec. 38.011. DIETARY SUPPLEMENTS.

  20. Tex. Education Code Sec. 38.012. NOTICE CONCERNING HEALTH CARE SERVICES.

  21. Tex. Education Code Sec. 38.013. COORDINATED HEALTH PROGRAM FOR ELEMENTARY, MIDDLE, AND JUNIOR HIGH SCHOOL STUDENTS.

  22. Tex. Education Code Sec. 38.014. IMPLEMENTATION OF COORDINATED HEALTH PROGRAM FOR ELEMENTARY, MIDDLE, AND JUNIOR HIGH SCHOOL STUDENTS.

  23. Tex. Education Code Sec. 38.0141. REPORTING OF CERTAIN HEALTH AND SAFETY INFORMATION REQUIRED.

  24. Tex. Education Code Sec. 38.015. SELF-ADMINISTRATION OF PRESCRIPTION ASTHMA OR ANAPHYLAXIS MEDICINE BY STUDENTS.

  25. Tex. Education Code Sec. 38.0151. POLICIES FOR CARE OF CERTAIN STUDENTS AT RISK FOR ANAPHYLAXIS.

  26. Tex. Education Code Sec. 38.0152. COMMITTEE TO ASSIST IN UPDATING GUIDELINES FOR CARE OF STUDENTS AT RISK FOR ANAPHYLAXIS.

  27. Tex. Education Code Sec. 38.016. PSYCHOTROPIC DRUGS AND PSYCHIATRIC EVALUATIONS OR EXAMINATIONS.

  28. Tex. Education Code Sec. 38.017. AVAILABILITY OF AUTOMATED EXTERNAL DEFIBRILLATOR.

  29. Tex. Education Code Sec. 38.0171. AVAILABILITY OF AIRWAY CLEARANCE DEVICE.

  30. Tex. Education Code Sec. 38.018. CARDIAC EMERGENCY RESPONSE PLAN.

  31. Tex. Education Code Sec. 38.0181. CARDIOVASCULAR SCREENING PILOT PROGRAM.

  32. Tex. Education Code Sec. 38.019. IMMUNIZATION AWARENESS PROGRAM.

  33. Tex. Education Code Sec. 38.021. USE OF SUNSCREEN PRODUCTS.

  34. Tex. Education Code Sec. 38.022. SCHOOL VISITORS.

  35. Tex. Education Code Sec. 38.023. LIST OF RESOURCES CONCERNING INTERNET SAFETY. The agency shall develop and make available to school districts a list of resources concerning Internet safety, including a list of organizations and Internet websites that may assist in educating teachers and students about:

  36. Tex. Education Code Sec. 38.0231. GUIDELINES FOR USE OF DIGITAL DEVICES.

  37. Tex. Education Code Sec. 38.024. INSURANCE AGAINST STUDENT INJURIES.

  38. Tex. Education Code Sec. 38.026. GRANT PROGRAM FOR BEST PRACTICES IN NUTRITION EDUCATION.

  39. Tex. Education Code Sec. 38.027. ELECTRONIC COMMUNICATION POLICY.

  40. Tex. Education Code Sec. 38.030. TRAUMATIC INJURY RESPONSE PROTOCOL.

  41. Tex. Education Code Sec. 38.031. NOTICE OF LICE.

  42. Tex. Education Code Sec. 38.032. SEIZURE MANAGEMENT AND TREATMENT PLAN.

  43. Tex. Education Code Sec. 38.033. SEIZURE RECOGNITION AND RELATED FIRST AID TRAINING.

  44. Tex. Education Code Sec. 38.034. SCHOOL HEALTH AND RELATED SERVICES PROGRAM; ELIGIBILITY FOR AUDIOLOGY SERVICES.

  45. Tex. Education Code Sec. 38.036. TRAUMA-INFORMED CARE POLICY.

  46. Tex. Education Code Sec. 38.040. FENTANYL ABUSE PREVENTION AND DRUG POISONING AWARENESS EDUCATION.

  47. Tex. Education Code Sec. 38.051. ESTABLISHMENT OF SCHOOL-BASED HEALTH CENTERS.

  48. Tex. Education Code Sec. 38.052. CONTRACT FOR SERVICES. A district may contract with a person to provide services at a school-based health center.

  49. Tex. Education Code Sec. 38.053. PARENTAL CONSENT REQUIRED.

  50. Tex. Education Code Sec. 38.054. CATEGORIES OF SERVICES. The permissible categories of services are:

  51. Tex. Education Code Sec. 38.055. USE OF GRANT FUNDS FOR REPRODUCTIVE SERVICES PROHIBITED. Reproductive services, counseling, or referrals may not be provided through a school-based health center using grant funds awarded under this subchapter.

  52. Tex. Education Code Sec. 38.056. PROVISION OF CERTAIN SERVICES BY LICENSED HEALTH CARE PROVIDER REQUIRED. Any service provided using grant funds awarded under this subchapter must be provided by an appropriate professional who is properly licensed, certified, or otherwise authorized under state law to provide the service.

  53. Tex. Education Code Sec. 38.057. IDENTIFICATION OF HEALTH-RELATED CONCERNS.

  54. Tex. Education Code Sec. 38.058. HEALTH EDUCATION AND HEALTH CARE ADVISORY COUNCIL.

  55. Tex. Education Code Sec. 38.059. ASSISTANCE OF PUBLIC HEALTH AGENCY.

  56. Tex. Education Code Sec. 38.0591. ACCESS TO MENTAL HEALTH SERVICES. The agency, in cooperation with the Health and Human Services Commission, shall develop guidelines for school districts regarding:

  57. Tex. Education Code Sec. 38.060. COORDINATION WITH EXISTING PROVIDERS IN CERTAIN AREAS.

  58. Tex. Education Code Sec. 38.061. COMMUNICATION WITH PRIMARY CARE PHYSICIAN.

  59. Tex. Education Code Sec. 38.062. FUNDING FOR PROVISION OF SERVICES. A school district or the provider with whom the district contracts shall seek all available sources of funding to compensate the district or provider for services provided by a school-based health center, including money available under the state Medicaid program, a state children's health plan program, or private health insurance or health benefit plans or available from those persons using a school-based health center who have the ability to pay for the services.

  60. Tex. Education Code Sec. 38.063. GRANTS.

  61. Tex. Education Code Sec. 38.101. ASSESSMENT REQUIRED.

  62. Tex. Education Code Sec. 38.102. ADOPTION OF ASSESSMENT INSTRUMENT.

  63. Tex. Education Code Sec. 38.103. REPORTING OF PHYSICAL FITNESS RESULTS.

  64. Tex. Education Code Sec. 38.104. ANALYSIS OF RESULTS.

  65. Tex. Education Code Sec. 38.105. DONATIONS. The agency and each school district may accept donations made to facilitate implementation of this subchapter.

  66. Tex. Education Code Sec. 38.106. RULES. The commissioner shall adopt rules necessary to implement this subchapter.

  67. Tex. Education Code Sec. 38.151. DEFINITIONS. In this subchapter:

  68. Tex. Education Code Sec. 38.152. APPLICABILITY. This subchapter applies to an interscholastic athletic activity, including practice and competition, sponsored or sanctioned by:

  69. Tex. Education Code Sec. 38.153. OVERSIGHT OF CONCUSSIONS BY SCHOOL DISTRICTS AND CHARTER SCHOOLS; RETURN-TO-PLAY PROTOCOL DEVELOPMENT BY CONCUSSION OVERSIGHT TEAM.

  70. Tex. Education Code Sec. 38.154. CONCUSSION OVERSIGHT TEAM: MEMBERSHIP.

  71. Tex. Education Code Sec. 38.155. REQUIRED ANNUAL FORM ACKNOWLEDGING CONCUSSION INFORMATION. A student may not participate in an interscholastic athletic activity for a school year until both the student and the student's parent or guardian or another person with legal authority to make medical decisions for the student have signed a form for that school year that acknowledges receiving and reading written information that explains concussion prevention, symptoms, treatment, and oversight and that includes guidelines for safely resuming participation in an athletic activity following a concussion. The form must be approved by the University Interscholastic League.

  72. Tex. Education Code Sec. 38.156. REMOVAL FROM PLAY IN PRACTICE OR COMPETITION FOLLOWING CONCUSSION. A student shall be removed from an interscholastic athletics practice or competition immediately if one of the following persons believes the student might have sustained a concussion during the practice or competition:

  73. Tex. Education Code Sec. 38.157. RETURN TO PLAY IN PRACTICE OR COMPETITION.

  74. Tex. Education Code Sec. 38.158. TRAINING COURSES.

  75. Tex. Education Code Sec. 38.159. IMMUNITY. This subchapter does not:

  76. Tex. Education Code Sec. 38.160. RULES. The commissioner may adopt rules as necessary to administer this subchapter.

  77. Tex. Education Code Sec. 38.171. DEFINITION. In this subchapter, "concussion" has the meaning assigned by Section 38.151.

  78. Tex. Education Code Sec. 38.172. APPLICABILITY. This subchapter does not apply to a concussion believed to have been sustained by a student while participating in an interscholastic athletic activity described by Section 38.152.

  79. Tex. Education Code Sec. 38.173. CONCUSSION RESPONSE POLICY.

  80. Tex. Education Code Sec. 38.201. DEFINITIONS. In this subchapter:

  81. Tex. Education Code Sec. 38.202. ADVISORY COMMITTEE: ESTABLISHMENT AND COMPOSITION.

  82. Tex. Education Code Sec. 38.203. ADVISORY COMMITTEE: PRESIDING OFFICER. The advisory committee shall elect a presiding officer.

  83. Tex. Education Code Sec. 38.204. ADVISORY COMMITTEE: COMPENSATION AND EXPENSES. Members of the advisory committee serve without compensation but are entitled to reimbursement for travel expenses.

  84. Tex. Education Code Sec. 38.205. ADVISORY COMMITTEE: APPLICABILITY OF OTHER LAW. Chapter 2110, Government Code, does not apply to the advisory committee.

  85. Tex. Education Code Sec. 38.206. ADVISORY COMMITTEE: OPEN MEETINGS. Meetings of the advisory committee are subject to Chapter 551, Government Code.

  86. Tex. Education Code Sec. 38.207. ADVISORY COMMITTEE: DUTIES. The advisory committee shall advise the commissioner of state health services on:

  87. Tex. Education Code Sec. 38.208. MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE DELIVERY SYSTEMS AND MEDICATION FOR RESPIRATORY DISTRESS.

  88. Tex. Education Code Sec. 38.209. REPORT ON ADMINISTERING EPINEPHRINE DELIVERY SYSTEM.

  89. Tex. Education Code Sec. 38.2091. REPORT ON ADMINISTERING MEDICATION FOR RESPIRATORY DISTRESS.

  90. Tex. Education Code Sec. 38.210. TRAINING.

  91. Tex. Education Code Sec. 38.211. PRESCRIPTION OF EPINEPHRINE DELIVERY SYSTEMS AND MEDICATION FOR RESPIRATORY DISTRESS.

  92. Tex. Education Code Sec. 38.2115. CONTRACTING FOR MEDICATION FOR RESPIRATORY DISTRESS AND TRAINING. The board of trustees of a school district or governing body of an open-enrollment charter school or private school may contract with a vendor to provide:

  93. Tex. Education Code Sec. 38.212. NOTICE TO PARENTS.

  94. Tex. Education Code Sec. 38.213. GIFTS, GRANTS, AND DONATIONS. A school district, open-enrollment charter school, or private school may accept gifts, grants, donations, and federal and local funds to implement this subchapter.

  95. Tex. Education Code Sec. 38.214. RULES. Except as otherwise provided by this subchapter, the commissioner of education and the executive commissioner of the Health and Human Services Commission shall jointly adopt rules necessary to implement this subchapter.

  96. Tex. Education Code Sec. 38.215. IMMUNITY FROM LIABILITY.

  97. Tex. Education Code Sec. 38.221. DEFINITIONS. In this subchapter:

  98. Tex. Education Code Sec. 38.222. MAINTENANCE, ADMINISTRATION, AND DISPOSAL OF OPIOID ANTAGONISTS.

  99. Tex. Education Code Sec. 38.223. REPORT ON ADMINISTERING OPIOID ANTAGONIST.

  100. Tex. Education Code Sec. 38.224. TRAINING.

  101. Tex. Education Code Sec. 38.225. PRESCRIPTION OF OPIOID ANTAGONISTS.

  102. Tex. Education Code Sec. 38.226. GIFTS, GRANTS, AND DONATIONS. A school district, open-enrollment charter school, or private school may accept gifts, grants, donations, and federal and local funds to implement this subchapter.

  103. Tex. Education Code Sec. 38.227. IMMUNITY FROM LIABILITY.

  104. Tex. Education Code Sec. 38.228. RULES. Except as otherwise provided by this subchapter, the commissioner of education and the executive commissioner of the Health and Human Services Commission shall jointly adopt rules necessary to implement this subchapter.

  105. Tex. Education Code Sec. 38.251. RUBRIC TO IDENTIFY RESOURCES.

  106. Tex. Education Code Sec. 38.252. REGIONAL INVENTORY OF MENTAL HEALTH RESOURCES.

  107. Tex. Education Code Sec. 38.253. STATEWIDE INVENTORY OF MENTAL HEALTH RESOURCES.

  108. Tex. Education Code Sec. 38.254. STATEWIDE PLAN FOR STUDENT MENTAL HEALTH.

  109. Tex. Education Code Sec. 38.2545. TEXAS CHILD HEALTH ACCESS THROUGH TELEMEDICINE.

  110. Tex. Education Code Sec. 38.255. AGENCY USE OF STATEWIDE PLAN.

  111. Tex. Education Code Sec. 38.256. REPORTS TO LEGISLATURE. In addition to any other information required to be provided to the legislature under this chapter, not later than November 1 of each even-numbered year the agency shall provide to the legislature:

  112. Tex. Education Code Sec. 38.351. MENTAL HEALTH PROMOTION AND INTERVENTION, SUBSTANCE ABUSE PREVENTION AND INTERVENTION, AND SUICIDE PREVENTION.

  113. Tex. Education Code Sec. 38.352. IMMUNITY. This subchapter does not:

  114. Tex. Education Code Sec. 38.353. SUICIDE PREVENTION INFORMATION REQUIRED ON CERTAIN STUDENT IDENTIFICATION CARDS. Each student identification card issued by a public school to a student in grade six or higher:

Chapter 39

  1. Tex. Education Code Sec. 39.001. RULES; ACTION FOR DECLARATORY JUDGMENT.

  2. Tex. Education Code Sec. 39.002. ADVISORY COMMITTEE. An advisory committee appointed under this chapter is not subject to Chapter 2110, Government Code.

  3. Tex. Education Code Sec. 39.003. SPECIAL INVESTIGATIONS.

  4. Tex. Education Code Sec. 39.004. CONDUCT OF SPECIAL INVESTIGATIONS.

  5. Tex. Education Code Sec. 39.005. HEARING FOLLOWING INVESTIGATION.

  6. Tex. Education Code Sec. 39.006. COMMISSIONER DETERMINATION.

  7. Tex. Education Code Sec. 39.007. JUDICIAL APPEAL.

  8. Tex. Education Code Sec. 39.008. CERTIFICATION OF COMPLIANCE WITH CERTAIN LAWS REQUIRED.

  9. Tex. Education Code Sec. 39.009. COMPLIANCE WITH CERTAIN CHAPTER REQUIREMENTS; LEGISLATIVE OVERSIGHT.

  10. Tex. Education Code Sec. 39.021. ESSENTIAL SKILLS AND KNOWLEDGE. The State Board of Education by rule shall establish the essential skills and knowledge that all students should learn to achieve the goals provided under Section 4.002.

  11. Tex. Education Code Sec. 39.022. INSTRUCTIONALLY SUPPORTIVE ASSESSMENT PROGRAM.

  12. Tex. Education Code Sec. 39.0225. TRANSITION OF ASSESSMENT PROGRAM.

  13. Tex. Education Code Sec. 39.0226. ASSESSMENT INSTRUMENT STUDY.

  14. Tex. Education Code Sec. 39.023. ADOPTION AND ADMINISTRATION OF INSTRUMENTS.

  15. Tex. Education Code Sec. 39.02301. ADOPTION OR DEVELOPMENT AND ADMINISTRATION REQUIREMENTS FOR ASSESSMENT INSTRUMENTS.

  16. Tex. Education Code Sec. 39.02302. ADVISORY COMMITTEES FOR ASSESSMENT INSTRUMENTS.

  17. Tex. Education Code Sec. 39.02315. REPORTING RESULTS OF ASSESSMENT INSTRUMENTS FOR OUT-OF-STATE TRANSFER STUDENTS.

  18. Tex. Education Code Sec. 39.0232. USE OF END-OF-COURSE ASSESSMENT INSTRUMENT AS PLACEMENT INSTRUMENT; CERTAIN USES PROHIBITED.

  19. Tex. Education Code Sec. 39.0233. SPECIAL-PURPOSE QUESTIONS INCLUDED IN END-OF-COURSE ASSESSMENT INSTRUMENTS.

  20. Tex. Education Code Sec. 39.0234. ELECTRONIC ADMINISTRATION OF ASSESSMENT INSTRUMENTS.

  21. Tex. Education Code Sec. 39.02342. PAPER ADMINISTRATION OF ASSESSMENT INSTRUMENTS ON REQUEST.

  22. Tex. Education Code Sec. 39.0235. TECHNOLOGY LITERACY ASSESSMENT PILOT PROGRAM.

  23. Tex. Education Code Sec. 39.0236. INTEGRATED FORMATIVE ASSESSMENT PILOT PROGRAM.

  24. Tex. Education Code Sec. 39.0237. CONSIDERATION OF PREKINDERGARTEN ASSESSMENT INSTRUMENTS PROHIBITED. Performance on an assessment instrument administered to students in prekindergarten may not be considered for any purpose under this chapter or Chapter 39A.

  25. Tex. Education Code Sec. 39.0238. CONSIDERATION OF RELIGIOUS HOLY DAYS IN SCHEDULING ASSESSMENT INSTRUMENTS.

  26. Tex. Education Code Sec. 39.024. MEASURE OF COLLEGE READINESS.

  27. Tex. Education Code Sec. 39.0241. PERFORMANCE STANDARDS.

  28. Tex. Education Code Sec. 39.025. SECONDARY-LEVEL PERFORMANCE REQUIRED.

  29. Tex. Education Code Sec. 39.0261. COLLEGE PREPARATION AND CAREER READINESS ASSESSMENTS.

  30. Tex. Education Code Sec. 39.0263. ADMINISTRATION OF DISTRICT-REQUIRED OR CAMPUS-REQUIRED BENCHMARK ASSESSMENT INSTRUMENTS.

  31. Tex. Education Code Sec. 39.027. EXEMPTION.

  32. Tex. Education Code Sec. 39.028. COMPARISON OF STATE RESULTS TO NATIONAL RESULTS. The state assessment program shall obtain nationally comparative results for the subject areas and grade levels for which criterion-referenced assessment instruments are adopted under Section 39.023.

  33. Tex. Education Code Sec. 39.030. CONFIDENTIALITY; PERFORMANCE REPORTS.

  34. Tex. Education Code Sec. 39.0301. SECURITY IN ADMINISTRATION OF ASSESSMENT INSTRUMENTS.

  35. Tex. Education Code Sec. 39.0302. ISSUANCE OF SUBPOENAS.

  36. Tex. Education Code Sec. 39.0303. SECURE ASSESSMENT INSTRUMENTS; CRIMINAL PENALTY.

  37. Tex. Education Code Sec. 39.0304. TRAINING IN ASSESSMENT INSTRUMENT ADMINISTRATION.

  38. Tex. Education Code Sec. 39.031. COST. The cost of preparing, administering, or grading the assessment instruments and releasing the question and answer keys under Section 39.02301(m) shall be paid from amounts appropriated to the agency.

  39. Tex. Education Code Sec. 39.033. VOLUNTARY ASSESSMENT OF PRIVATE SCHOOL STUDENTS.

  40. Tex. Education Code Sec. 39.034. MEASURE OF ANNUAL IMPROVEMENT IN STUDENT ACHIEVEMENT.

  41. Tex. Education Code Sec. 39.035. LIMITATION ON FIELD TESTING OF ASSESSMENT INSTRUMENTS.

  42. Tex. Education Code Sec. 39.036. VERTICAL SCALE FOR CERTAIN ASSESSMENT INSTRUMENTS.

  43. Tex. Education Code Sec. 39.037. INTERNATIONAL ASSESSMENT INSTRUMENT PROGRAM.

  44. Tex. Education Code Sec. 39.038. RESTRICTION ON APPOINTMENTS TO ADVISORY COMMITTEES. The commissioner may not appoint a person to a committee or panel that advises the commissioner or agency regarding state accountability systems under this title or the content or administration of an assessment instrument if the person is retained or employed by an assessment instrument vendor.

  45. Tex. Education Code Sec. 39.0381. AUDITING AND MONITORING PERFORMANCE UNDER CONTRACTS FOR ASSESSMENT INSTRUMENTS.

  46. Tex. Education Code Sec. 39.039. PROHIBITION ON POLITICAL CONTRIBUTION OR ACTIVITY BY CERTAIN CONTRACTORS.

  47. Tex. Education Code Sec. 39.051. ACCREDITATION STATUS. Accreditation of a school district is determined in accordance with this subchapter. The commissioner by rule shall determine in accordance with this subchapter the criteria for the following accreditation statuses:

  48. Tex. Education Code Sec. 39.0511. WAIVER REQUEST FOR CERTAIN FEDERAL ACCOUNTABILITY-RELATED REQUIREMENTS.

  49. Tex. Education Code Sec. 39.052. DETERMINATION OF ACCREDITATION STATUS OR PERFORMANCE RATING.

  50. Tex. Education Code Sec. 39.053. PERFORMANCE INDICATORS: ACHIEVEMENT.

  51. Tex. Education Code Sec. 39.0531. INDUSTRY CERTIFICATION LIST.

  52. Tex. Education Code Sec. 39.0532. REPORTING OF LOCAL INDICATORS OF STUDENT ENGAGEMENT AND WORKFORCE DEVELOPMENT.

  53. Tex. Education Code Sec. 39.0534. ACCOUNTABILITY ADVISORY COMMITTEE.

  54. Tex. Education Code Sec. 39.0535. PERFORMANCE INDICATORS STUDY.

  55. Tex. Education Code Sec. 39.054. METHODS AND STANDARDS FOR EVALUATING PERFORMANCE.

  56. Tex. Education Code Sec. 39.0541. ADOPTION OF INDICATORS AND STANDARDS.

  57. Tex. Education Code Sec. 39.0542. EXPLANATORY MATERIALS FOR ACCOUNTABILITY RATING SYSTEM.

  58. Tex. Education Code Sec. 39.0543. PERFORMANCE RATING REQUIRING INTERVENTION OR OTHER ACTION.

  59. Tex. Education Code Sec. 39.0544. LOCAL ACCOUNTABILITY SYSTEM.

  60. Tex. Education Code Sec. 39.0545. ALTERNATIVE METHODS AND STANDARDS FOR EVALUATING PERFORMANCE FOR 2020-2021 SCHOOL YEAR.

  61. Tex. Education Code Sec. 39.0546. COVID-19 RECOVERY ACCOUNTABILITY FOR 2021-2022 SCHOOL YEAR.

  62. Tex. Education Code Sec. 39.0548. EVALUATING DROPOUT RECOVERY SCHOOLS.

  63. Tex. Education Code Sec. 39.055. STUDENT ORDERED BY A JUVENILE COURT OR STUDENT IN RESIDENTIAL FACILITY NOT CONSIDERED FOR ACCOUNTABILITY PURPOSES. Notwithstanding any other provision of this code except to the extent otherwise provided under Section 39.053(g-3), for purposes of determining the performance of a school district, campus, or open-enrollment charter school under this chapter, a student ordered by a juvenile court into a residential program or facility operated by or under contract with the Texas Juvenile Justice Department, a juvenile board, or any other governmental entity or any student who is receiving treatment in a residential facility is not considered to be a student of the school district in which the program or facility is physically located or of an open-enrollment charter school, as applicable. The performance of such a student on an assessment instrument or other achievement indicator adopted under Section 39.053 or reporting indicator adopted under Section 39.301 shall be determined, reported, and considered separately from the performance of students attending a school of the district in which the program or facility is physically located or an open-enrollment charter school, as applicable.

  64. Tex. Education Code Sec. 39.0552. MEMORANDUM OF UNDERSTANDING BETWEEN SCHOOL DISTRICT AND STATE HOSPITAL FOR ACCOUNTABILITY PURPOSES. A memorandum of understanding between a school district and a state hospital under which the district provides educational services to a student who resides in the state hospital must provide that the school district include the performance of the student on an assessment instrument or other achievement indicator adopted under Section 39.053 or a reporting indicator adopted under Section 39.301 in determining the performance of that school district.

  65. Tex. Education Code Sec. 39.056. MONITORING REVIEWS.

  66. Tex. Education Code Sec. 39.059. DATA TRANSPARENCY.

  67. Tex. Education Code Sec. 39.081. DEFINITIONS. In this subchapter:

  68. Tex. Education Code Sec. 39.082. DEVELOPMENT AND IMPLEMENTATION.

  69. Tex. Education Code Sec. 39.0821. COMPTROLLER REVIEW OF RESOURCE ALLOCATION PRACTICES.

  70. Tex. Education Code Sec. 39.0823. PROJECTED DEFICIT.

  71. Tex. Education Code Sec. 39.0824. CORRECTIVE ACTION PLAN.

  72. Tex. Education Code Sec. 39.083. REPORTING.

  73. Tex. Education Code Sec. 39.085. RULES. The commissioner shall adopt rules as necessary for the implementation and administration of this subchapter.

  74. Tex. Education Code Sec. 39.086. SOFTWARE STANDARDS.

  75. Tex. Education Code Sec. 39.151. REVIEW BY COMMISSIONER: ACCOUNTABILITY DETERMINATION.

  76. Tex. Education Code Sec. 39.201. DISTINCTION DESIGNATIONS.

  77. Tex. Education Code Sec. 39.2011. APPLICABILITY TO CHARTER SCHOOLS. In this subchapter:

  78. Tex. Education Code Sec. 39.202. ACADEMIC DISTINCTION DESIGNATION FOR DISTRICTS AND CAMPUSES. The commissioner by rule shall establish an academic distinction designation for districts and campuses for outstanding performance in attainment of postsecondary readiness. The commissioner shall adopt criteria for the designation under this section, including:

  79. Tex. Education Code Sec. 39.203. CAMPUS DISTINCTION DESIGNATIONS.

  80. Tex. Education Code Sec. 39.204. CAMPUS DISTINCTION DESIGNATION CRITERIA; COMMITTEES.

  81. Tex. Education Code Sec. 39.232. EXCELLENCE EXEMPTIONS.

  82. Tex. Education Code Sec. 39.235. INNOVATION GRANT INITIATIVE FOR MIDDLE, JUNIOR HIGH, AND HIGH SCHOOL CAMPUSES.

  83. Tex. Education Code Sec. 39.236. GIFTED AND TALENTED STANDARDS. The commissioner shall adopt standards to evaluate school district programs for gifted and talented students to determine whether a district operates a program for gifted and talented students in accordance with:

  84. Tex. Education Code Sec. 39.261. CREATION OF SYSTEM. The Texas Successful Schools Awards System is created to recognize and reward those schools and school districts that demonstrate progress or success in achieving the education goals of the state.

  85. Tex. Education Code Sec. 39.262. TYPES OF AWARDS.

  86. Tex. Education Code Sec. 39.263. AWARDS.

  87. Tex. Education Code Sec. 39.264. USE OF AWARDS.

  88. Tex. Education Code Sec. 39.265. FUNDING. The award system may be funded by donations, grants, or legislative appropriations. The commissioner may solicit and receive grants and donations for the purpose of making awards under this subchapter. A small portion of the award funds may be used by the commissioner to pay for the costs associated with sponsoring a ceremony to recognize or present awards to schools or districts under this subchapter. The donations, grants, or legislative appropriations shall be accounted for and distributed by the agency. The awards are subject to audit requirements established by the State Board of Education.

  89. Tex. Education Code Sec. 39.266. CONFIDENTIALITY. All information and reports received by the commissioner under this subchapter from schools or school districts deemed confidential under Chapter 552, Government Code, are confidential and may not be disclosed in any public or private proceeding.

  90. Tex. Education Code Sec. 39.301. ADDITIONAL PERFORMANCE INDICATORS: REPORTING.

  91. Tex. Education Code Sec. 39.304. TEACHER REPORT CARD. Each school district shall provide to each teacher the information made available under Section 39.02301(l) for the current and previous school year for all students taught by the teacher who were assessed on an assessment instrument under Section 39.023.

  92. Tex. Education Code Sec. 39.305. CAMPUS REPORT CARD.

  93. Tex. Education Code Sec. 39.306. PERFORMANCE REPORT.

  94. Tex. Education Code Sec. 39.307. USES OF PERFORMANCE REPORT. The information required to be reported under Section 39.306 shall be:

  95. Tex. Education Code Sec. 39.308. ANNUAL AUDIT OF DROPOUT RECORDS; REPORT.

  96. Tex. Education Code Sec. 39.309. TEXAS SCHOOL ACCOUNTABILITY DASHBOARD.

  97. Tex. Education Code Sec. 39.331. GENERAL REQUIREMENTS.

  98. Tex. Education Code Sec. 39.332. COMPREHENSIVE BIENNIAL REPORT.

  99. Tex. Education Code Sec. 39.333. REGIONAL AND DISTRICT LEVEL REPORT. As part of the comprehensive biennial report under Section 39.332, the agency shall submit a regional and district level report covering the preceding two school years and containing:

  100. Tex. Education Code Sec. 39.334. TECHNOLOGY REPORT. The agency shall prepare and deliver to the governor, the lieutenant governor, the speaker of the house of representatives, each member of the legislature, the Legislative Budget Board, and the clerks of the standing committees of the senate and house of representatives with primary jurisdiction over the public school system a technology report covering the preceding two school years and containing information on the status of the implementation of and revisions to the long-range technology plan required by Section 32.001, including the equity of the distribution and use of technology in public schools.

  101. Tex. Education Code Sec. 39.361. NOTICE IN STUDENT GRADE REPORT. The first written notice of a student's performance that a school district gives during a school year as required by Section 28.022(a)(2) must include:

  102. Tex. Education Code Sec. 39.362. NOTICE ON DISTRICT WEBSITE. Not later than the 10th day after the first day of instruction of each school year, a school district that maintains an Internet website shall make the following information available to the public on the website:

  103. Tex. Education Code Sec. 39.363. NOTICE ON AGENCY WEBSITE. Not later than October 1 of each year, the agency shall make the following information available to the public on the agency's Internet website:

  104. Tex. Education Code Sec. 39.408. ELIGIBILITY CRITERIA FOR CERTAIN GRANT PROGRAMS. A school district or campus is eligible to participate in programs under Sections 29.095 and 29.096 if the district or campus exhibited during each of the three preceding school years characteristics that strongly correlate with high dropout rates.

Chapter 43

  1. Tex. Education Code Sec. 43.001. COMPOSITION OF PERMANENT SCHOOL FUND AND AVAILABLE SCHOOL FUND.

  2. Tex. Education Code Sec. 43.002. TRANSFERS FROM PERMANENT SCHOOL FUND AND GENERAL REVENUE FUND TO AVAILABLE SCHOOL FUND.

  3. Tex. Education Code Sec. 43.003. INVESTMENT OF PERMANENT SCHOOL FUND. The State Board of Education may invest the permanent school fund as authorized by Section 5(f), Article VII, Texas Constitution.

  4. Tex. Education Code Sec. 43.0031. PERMANENT SCHOOL FUND ETHICS POLICY.

  5. Tex. Education Code Sec. 43.0032. CONFLICTS OF INTEREST.

  6. Tex. Education Code Sec. 43.0033. REPORTS OF EXPENDITURES. A consultant, advisor, broker, or other person providing services to the State Board of Education relating to the management and investment of the permanent school fund shall file with the board regularly, as determined by the board, a report that describes in detail any expenditure of more than $50 made by the person on behalf of:

  7. Tex. Education Code Sec. 43.0034. FORMS; PUBLIC INFORMATION.

  8. Tex. Education Code Sec. 43.004. WRITTEN INVESTMENT OBJECTIVES; PERFORMANCE EVALUATION.

  9. Tex. Education Code Sec. 43.005. EXTERNAL INVESTMENT MANAGERS.

  10. Tex. Education Code Sec. 43.0051. TRANSFERS TO REAL ESTATE SPECIAL FUND ACCOUNT OF THE PERMANENT SCHOOL FUND. The State Board of Education may transfer funds from the portion of the permanent school fund managed by the State Board of Education to the real estate special fund account of the permanent school fund if the State Board of Education determines, using the standard of care set forth in Subsection (f), Section 5, Article VII, Texas Constitution, that such transfer is in the best interest of the permanent school fund.

  11. Tex. Education Code Sec. 43.006. INVESTMENT MANAGEMENT.

  12. Tex. Education Code Sec. 43.007. PURCHASE AND SALE OR EXCHANGE OF SECURITIES.

  13. Tex. Education Code Sec. 43.009. PREPAYMENT OF CERTAIN BONDS HELD BY THE PERMANENT SCHOOL FUND.

  14. Tex. Education Code Sec. 43.010. DEFAULT OF SCHOOL DISTRICT SECURITIES HELD BY THE PERMANENT SCHOOL FUND.

  15. Tex. Education Code Sec. 43.011. AUTHORIZED REFUNDING OF DEFAULTED SCHOOL BONDS.

  16. Tex. Education Code Sec. 43.012. REFUNDING OTHER DEFAULTED OBLIGATIONS.

  17. Tex. Education Code Sec. 43.013. JURISDICTION. The district courts of Travis County have jurisdiction of any suit on bonds or obligations belonging to the permanent school fund, or purchased therewith, concurrent with that of any other court having jurisdiction in the case.

  18. Tex. Education Code Sec. 43.014. DUTIES OF COMPTROLLER.

  19. Tex. Education Code Sec. 43.015. DUTIES OF COMPTROLLER.

  20. Tex. Education Code Sec. 43.016. USE OF AVAILABLE SCHOOL FUND. All available school funds shall be appropriated in each county for the education of its children.

  21. Tex. Education Code Sec. 43.017. USE OF COMMERCIAL BANKS AS AGENTS FOR COLLECTION OF INCOME FROM PERMANENT SCHOOL FUND INVESTMENTS.

  22. Tex. Education Code Sec. 43.018. PARTICIPATION IN FULLY SECURED SECURITIES LOAN PROGRAMS.

  23. Tex. Education Code Sec. 43.019. ACCOUNTING TREATMENT OF CERTAIN EXCHANGES. The State Board of Education may account for the exchange of permanent school fund securities in a closely related sale and purchase transaction in a manner in which the gain or loss on the sale is deferred as an adjustment to the book value of the security purchased, if:

  24. Tex. Education Code Sec. 43.020. TREATMENT OF ACCRUED INCOME. All interest and dividends accruing from the investments of the permanent school fund shall be deposited to the credit of the available school fund in accordance with the accrual basis of accounting. Funds recognized under this section are considered part of the available school fund and may be appropriated as provided by Section 5, Article VII, Texas Constitution.

  25. Tex. Education Code Sec. 43.051. DEFINITIONS. In this subchapter:

  26. Tex. Education Code Sec. 43.052. CREATION OF CORPORATION.

  27. Tex. Education Code Sec. 43.053. BOARD OF DIRECTORS; MEETINGS.

  28. Tex. Education Code Sec. 43.054. CHIEF EXECUTIVE OFFICER.

  29. Tex. Education Code Sec. 43.055. EMPLOYEES.

  30. Tex. Education Code Sec. 43.056. SOVEREIGN IMMUNITY.

  31. Tex. Education Code Sec. 43.057. LIABILITY INSURANCE FOR BOARD MEMBERS AND EMPLOYEES.

  32. Tex. Education Code Sec. 43.058. ETHICS POLICY; CONFLICTS OF INTEREST.

  33. Tex. Education Code Sec. 43.059. APPLICABILITY OF CERTAIN LAWS.

  34. Tex. Education Code Sec. 43.060. EXCEPTION TO OPEN MEETING REQUIREMENTS FOR CERTAIN CONSULTATIONS CONCERNING INVESTMENTS.

  35. Tex. Education Code Sec. 43.061. RECORD RETENTION.

  36. Tex. Education Code Sec. 43.062. INFORMATION TECHNOLOGY AND ASSOCIATED RESOURCES.

  37. Tex. Education Code Sec. 43.063. GENERAL POWERS AND DUTIES OF CORPORATION.

  38. Tex. Education Code Sec. 43.064. CONTRACTING FOR FACILITIES AND NECESSARY SUPPORT. The corporation may contract with a state agency or another entity to provide operational support, facilities, information and data technology, staff, or other support for the corporation. The corporation may but is not required to request allocation of space to the corporation under Subchapter C, Chapter 2165, Government Code.

  39. Tex. Education Code Sec. 43.065. WRITTEN INVESTMENT OBJECTIVES; PERFORMANCE EVALUATION. In accordance with Section 43.004, the board of directors shall:

  40. Tex. Education Code Sec. 43.066. DISTRIBUTIONS BY CORPORATION FROM PERMANENT SCHOOL FUND TO AVAILABLE SCHOOL FUND.

  41. Tex. Education Code Sec. 43.067. BOND GUARANTEE PROGRAM. The corporation, the State Board of Education, and the agency shall coordinate to determine the corporation's role in the operation and management of the permanent school fund in connection with the bond guarantee program under Subchapter C, Chapter 45, to ensure the proper and efficient operation of the program, including the handling of any associated reimbursements, transfers, and disbursements.

  42. Tex. Education Code Sec. 43.068. ANNUAL AUDIT.

  43. Tex. Education Code Sec. 43.069. ANNUAL INVESTMENT REPORT. The corporation shall annually submit to the State Board of Education and the General Land Office a report on the allocation of assets and investment performance of the portion of the permanent school fund for which the corporation is responsible.

  44. Tex. Education Code Sec. 43.070. REPORT ON ANTICIPATED TRANSFER TO AVAILABLE SCHOOL FUND. Not later than November 1 of each even-numbered year, the corporation shall submit to the legislature, comptroller, State Board of Education, and Legislative Budget Board a report that in detail specifically states the date a transfer will be made and the amount the corporation will transfer during the subsequent state fiscal biennium from the permanent school fund to the available school fund under Section 43.066.

  45. Tex. Education Code Sec. 43.071. GIFTS, GRANTS, AND DONATIONS. The corporation may accept, and establish a nonprofit corporation or other entity for the purpose of accepting, a gift, grant, donation, or bequest of money, securities, property, or any other assets from any public or private source for the permanent school fund.

Chapter 44

  1. Tex. Education Code Sec. 44.001. FISCAL GUIDELINES.

  2. Tex. Education Code Sec. 44.0011. FISCAL YEAR. The fiscal year of a school district begins on July 1 or September 1 of each year, as determined by the board of trustees of the district. The commissioner may adopt rules concerning the submission of information by a district under Chapter 39, 39A, or 48 based on the fiscal year of the district.

  3. Tex. Education Code Sec. 44.002. PREPARATION OF BUDGET.

  4. Tex. Education Code Sec. 44.003. RECORDS AND REPORTS. The superintendent shall ensure that records are kept and that copies of all budgets, all forms, and all other reports are filed on behalf of the school district at the proper times and in the proper offices as required by this code.

  5. Tex. Education Code Sec. 44.004. NOTICE OF BUDGET AND TAX RATE MEETING; BUDGET ADOPTION.

  6. Tex. Education Code Sec. 44.0041. PUBLICATION OF SUMMARY OF PROPOSED BUDGET.

  7. Tex. Education Code Sec. 44.005. FILING OF ADOPTED BUDGET. On or before a date set by the State Board of Education, the budget must be filed with the agency according to the rules established by the State Board of Education.

  8. Tex. Education Code Sec. 44.0051. POSTING OF ADOPTED BUDGET.

  9. Tex. Education Code Sec. 44.006. EFFECT OF ADOPTED BUDGET; AMENDMENTS.

  10. Tex. Education Code Sec. 44.007. ACCOUNTING SYSTEM; REPORT.

  11. Tex. Education Code Sec. 44.0071. COMPUTATION OF INSTRUCTIONAL EXPENDITURES RATIO AND INSTRUCTIONAL EMPLOYEES RATIO.

  12. Tex. Education Code Sec. 44.008. ANNUAL AUDIT; REPORT.

  13. Tex. Education Code Sec. 44.009. FINANCIAL REPORTS TO COMMISSIONER OR AGENCY; FORMS.

  14. Tex. Education Code Sec. 44.010. REVIEW BY AGENCY. The budgets, fiscal reports, and audit reports filed with the agency shall be reviewed and analyzed by the staff of the agency to determine whether all legal requirements have been met and to collect fiscal data needed in preparing school fiscal reports for the governor and the legislature.

  15. Tex. Education Code Sec. 44.011. FINANCIAL EXIGENCY.

  16. Tex. Education Code Sec. 44.031. PURCHASING CONTRACTS.

  17. Tex. Education Code Sec. 44.0311. APPLICABILITY TO JUNIOR COLLEGE DISTRICTS.

  18. Tex. Education Code Sec. 44.0312. DELEGATION.

  19. Tex. Education Code Sec. 44.0313. PROCEDURES FOR ELECTRONIC BIDS OR PROPOSALS.

  20. Tex. Education Code Sec. 44.032. ENFORCEMENT OF PURCHASE PROCEDURES: CRIMINAL PENALTIES; REMOVAL; INELIGIBILITY.

  21. Tex. Education Code Sec. 44.0331. MANAGEMENT FEES UNDER CERTAIN COOPERATIVE PURCHASING CONTRACTS.

  22. Tex. Education Code Sec. 44.034. NOTIFICATION OF CRIMINAL HISTORY OF CONTRACTOR.

  23. Tex. Education Code Sec. 44.035. ADOPTION OF UNIFORM GENERAL CONDITIONS FOR SCHOOL DISTRICT BUILDING CONSTRUCTION CONTRACTS. After reviewing the uniform general conditions adopted by the Texas Facilities Commission under Section 2166.302, Government Code, a school district may adopt uniform general conditions to be incorporated in all district building construction contracts.

  24. Tex. Education Code Sec. 44.0351. COMPETITIVE BIDDING.

  25. Tex. Education Code Sec. 44.0352. COMPETITIVE SEALED PROPOSALS.

  26. Tex. Education Code Sec. 44.0411. CHANGE ORDERS.

  27. Tex. Education Code Sec. 44.042. PREFERENCE TO TEXAS AND UNITED STATES PRODUCTS.

  28. Tex. Education Code Sec. 44.043. RIGHT TO WORK.

  29. Tex. Education Code Sec. 44.044. CONTRACT WITH PERSON INDEBTED TO SCHOOL DISTRICT.

  30. Tex. Education Code Sec. 44.047. PURCHASE OR LEASE OF AUTOMATED EXTERNAL DEFIBRILLATOR.

  31. Tex. Education Code Sec. 44.051. INTERFERENCE WITH OPERATION OF FOUNDATION SCHOOL PROGRAM. An offense under Section 37.10, Penal Code, is a felony of the third degree if it is shown on trial of the offense that the governmental record was a record, form, report, or budget required under Chapter 48 or rules adopted under that chapter. If the actor's intent is to defraud the state or the public school system, the offense is a felony of the second degree.

  32. Tex. Education Code Sec. 44.052. FAILURE TO COMPLY WITH BUDGET REQUIREMENTS; PENALTY.

  33. Tex. Education Code Sec. 44.053. FAILURE OF MUNICIPAL OFFICER TO MAKE TREASURER'S REPORT; PENALTY. Any county or municipal treasurer or treasurer of the school board of each municipality having exclusive control of its schools who fails to make and transmit any report and certified copy thereof, or either, required by law, commits an offense. An offense under this section is a Class C misdemeanor.

  34. Tex. Education Code Sec. 44.054. FAILURE TO TRANSFER STUDENTS AND FUNDS. A county judge serving as ex officio county superintendent, a county, district, or municipal superintendent, or a school officer who refuses to transfer students and funds as provided by Subchapter B, Chapter 25, commits an offense. An offense under this section is a Class B misdemeanor.

  35. Tex. Education Code Sec. 44.151. ACTIONS BROUGHT FOR DEFECTIVE DESIGN, CONSTRUCTION, RENOVATION, OR IMPROVEMENT OF SCHOOL DISTRICT FACILITY.

  36. Tex. Education Code Sec. 44.152. ATTORNEY GENERAL ENFORCEMENT OF SCHOOL DISTRICT DUTIES FOLLOWING CERTAIN ACTIONS; REPORT.

  37. Tex. Education Code Sec. 44.901. ENERGY SAVINGS PERFORMANCE CONTRACTS.

  38. Tex. Education Code Sec. 44.902. LONG-RANGE ENERGY PLAN TO REDUCE CONSUMPTION OF ELECTRIC ENERGY.

  39. Tex. Education Code Sec. 44.904. PAY FOR SUCCESS PROGRAMS.

  40. Tex. Education Code Sec. 44.908. EXPENDITURE OF LOCAL FUNDS.

Chapter 45

  1. Tex. Education Code Sec. 45.001. BONDS AND BOND TAXES.

  2. Tex. Education Code Sec. 45.0011. CREDIT AGREEMENTS IN CERTAIN SCHOOL DISTRICTS.

  3. Tex. Education Code Sec. 45.002. MAINTENANCE TAXES. The governing board of an independent school district, including the city council or commission that has jurisdiction over a municipally controlled independent school district, the governing board of a rural high school district, and the commissioners court of a county, on behalf of each common school district under its jurisdiction, may levy, assess, and collect annual ad valorem taxes for the further maintenance of public schools in the district, subject to Section 45.003.

  4. Tex. Education Code Sec. 45.0021. RESTRICTION ON MAINTENANCE TAX LEVY.

  5. Tex. Education Code Sec. 45.003. BOND AND TAX ELECTIONS.

  6. Tex. Education Code Sec. 45.0031. LIMITATION ON ISSUANCE OF TAX-SUPPORTED BONDS.

  7. Tex. Education Code Sec. 45.0032. COMPONENTS OF MAINTENANCE AND OPERATIONS TAX.

  8. Tex. Education Code Sec. 45.004. REFUNDING BONDS.

  9. Tex. Education Code Sec. 45.005. EXAMINATION OF BONDS BY ATTORNEY GENERAL. All bonds issued pursuant to this subchapter, and the appropriate proceedings authorizing their issuance, shall be submitted to the attorney general for examination.

  10. Tex. Education Code Sec. 45.006. MAINTENANCE TAX REQUIRED FOR JUDGMENT ORDERING AD VALOREM TAX REFUND; BONDS.

  11. Tex. Education Code Sec. 45.031. GYMNASIA, STADIA, AND OTHER RECREATIONAL FACILITIES. The governing board of an independent school district, including the city council or commission that has jurisdiction over a municipally controlled independent school district, the governing board of a rural high school district, and the commissioners court of a county, on behalf of each common school district under its jurisdiction, may acquire, construct, improve, equip, operate, and maintain gymnasia, stadia, or other recreational facilities for and on behalf of its district. The facilities may be located inside or outside of the district.

  12. Tex. Education Code Sec. 45.032. REVENUE BONDS. To provide funds to acquire, construct, improve, or equip gymnasia, stadia, or other recreational facilities, the board, city council or commission, or commissioners court may issue revenue bonds payable from and secured by liens on and pledges of all or any part of any of the revenues from any rentals, rates, charges, or other revenues from any or all of the facilities, in the manner provided by this subchapter. The bonds may be additionally secured by mortgages and deeds of trust on any real property on which any of the facilities are or will be located, or any real or personal property incident or appurtenant to the facilities, and the board, city council or commission, or commissioners court may authorize the execution and delivery of trust indentures, mortgages, deeds of trust, or other forms of encumbrances to evidence those liens. The bonds may be issued to mature serially or otherwise not to exceed 50 years from their date. In the authorization of any of those bonds, the board, city council or commission, or commissioners court may provide for the subsequent issuance of additional parity bonds, or subordinate lien bonds, or other types of bonds, under the terms set forth in the resolution or order authorizing the issuance of the bonds, all within the discretion of the board, city council or commission, or commissioners court. The bonds may be made redeemable before maturity. The bonds may be sold in the manner, at the price, and under the terms provided by the board, city council or commission, or commissioners court in the resolution or order authorizing the issuance of the bonds. If permitted by the bond resolution or order, any required part of the proceeds from the sale of the bonds may be:

  13. Tex. Education Code Sec. 45.033. RENTALS, RATES, AND CHARGES. The board, city council or commission, or commissioners court may set and collect rentals, rates, and charges from students and others for the occupancy or use of any of the facilities, in the amounts and manner determined by the board, city council or commission, or commissioners court.

  14. Tex. Education Code Sec. 45.034. PLEDGE OF REVENUES. The board, city council or commission, or commissioners court may pledge all or any part of any of its revenues from the facilities to the payment of any bonds issued under this subchapter, including the payment of principal, interest, and any other amounts required or permitted in connection with the bonds. If revenues from the facilities are pledged to the payment of bonds, the rentals, rates and charges for the occupancy or use of the facilities must be fixed and collected in amounts at least sufficient to provide for all payments of principal, interest, and any other amounts required in connection with the bonds, and, to the extent required by the resolution or order authorizing the issuance of the bonds, to provide for the payment of operation, maintenance, and other expenses.

  15. Tex. Education Code Sec. 45.035. REFUNDING BONDS. Revenue bonds issued by a board, city council or commission, or commissioners court under this subchapter and revenue bonds issued by a board, city council or commission, or commissioners court under other law and payable from revenues from facilities described by Section 45.031 may be refunded or otherwise refinanced by the board, city council or commission, or commissioners court, and in that case all appropriate provisions of this subchapter apply to the refunding bonds. In refunding or otherwise refinancing any such bonds, the board, city council or commission, or commissioners court may, in the same authorizing proceedings, refund or refinance bonds issued pursuant to this code and bonds issued pursuant to any other law, may combine all refunding bonds and any other additional new bonds to be issued under this chapter into one or more issues or series of bonds, and may provide for the subsequent issuance of additional parity bonds, or subordinate lien bonds, or other type of bonds. All refunding bonds must be issued and delivered under the terms set forth in the authorizing proceedings.

  16. Tex. Education Code Sec. 45.036. EXAMINATION OF BONDS BY ATTORNEY GENERAL. All bonds issued pursuant to this subchapter, and the appropriate proceedings authorizing their issuance, shall be submitted to the attorney general for examination.

  17. Tex. Education Code Sec. 45.051. DEFINITIONS. In this subchapter:

  18. Tex. Education Code Sec. 45.052. GUARANTEE.

  19. Tex. Education Code Sec. 45.053. LIMITATION; VALUE ESTIMATES.

  20. Tex. Education Code Sec. 45.0531. ADDITIONAL LIMITATION: RESERVATION OF PERCENTAGE OF PERMANENT SCHOOL FUND VALUE.

  21. Tex. Education Code Sec. 45.0532. LIMITATION ON GUARANTEE OF CHARTER DISTRICT BONDS.

  22. Tex. Education Code Sec. 45.0533. COMMUNICATION WITH NATIONALLY RECOGNIZED INVESTMENT RATING FIRM. Information obtained from a nationally recognized investment rating firm relating to Section 45.053, 45.0531, or 45.0532 that concerns a hypothetical or actual scenario relating to the credit rating of the permanent school fund or the bond guarantee program of the permanent school fund, and any communications from, or information generated by, the agency, the board, the commissioner, or their employees relating to that information, is confidential and not subject to disclosure under Chapter 552, Government Code.

  23. Tex. Education Code Sec. 45.054. ELIGIBILITY OF SCHOOL DISTRICT BONDS. To be eligible for approval by the commissioner, school district bonds must be issued under Subchapter A of this chapter or under Subchapter A, Chapter 1207, Government Code, to make a deposit under Subchapter B or C of that chapter, by an accredited school district.

  24. Tex. Education Code Sec. 45.0541. ELIGIBILITY OF CHARTER DISTRICT BONDS. To be eligible for approval by the commissioner, charter district bonds must:

  25. Tex. Education Code Sec. 45.055. APPLICATION FOR GUARANTEE.

  26. Tex. Education Code Sec. 45.056. INVESTIGATION.

  27. Tex. Education Code Sec. 45.057. GUARANTEE ENDORSEMENT.

  28. Tex. Education Code Sec. 45.0571. CHARTER DISTRICT BOND GUARANTEE RESERVE FUND.

  29. Tex. Education Code Sec. 45.058. NOTICE OF DEFAULT. Immediately following a determination that a school district or charter district will be or is unable to pay maturing or matured principal or interest on a guaranteed bond, but not later than the fifth day before maturity date, the school district or charter district shall notify the commissioner.

  30. Tex. Education Code Sec. 45.059. PAYMENT OF SCHOOL DISTRICT BOND ON DEFAULT.

  31. Tex. Education Code Sec. 45.0591. PAYMENT OF CHARTER DISTRICT BOND ON DEFAULT.

  32. Tex. Education Code Sec. 45.060. BONDS NOT ACCELERATED ON DEFAULT. If a school district or charter district fails to pay principal or interest on a guaranteed bond when it matures, other amounts not yet mature are not accelerated and do not become due by virtue of the school district's or charter district's default.

  33. Tex. Education Code Sec. 45.061. REIMBURSEMENT OF FUNDS.

  34. Tex. Education Code Sec. 45.062. REPEATED DEFAULTS.

  35. Tex. Education Code Sec. 45.063. RULES. The board may adopt rules necessary for the administration of the bond guarantee program.

  36. Tex. Education Code Sec. 45.081. DEFINITIONS. In this subchapter:

  37. Tex. Education Code Sec. 45.082. SALE OF PROPERTY; REVENUE BONDS.

  38. Tex. Education Code Sec. 45.083. OTHER LAWS NOT APPLICABLE. Section 272.001, Local Government Code, Chapter 26, Parks and Wildlife Code, and all other general laws pertaining to the sale of public property do not apply to sales of real property pursuant to this subchapter.

  39. Tex. Education Code Sec. 45.084. CONTRACTS. The district may execute contracts for constructing or equipping school buildings in the district or for purchasing any necessary sites for school buildings in the manner provided by law. If any contract recites that payments under the contract are to be made either from the proceeds from the sale of real property under an installment sale agreement or any similar method pursuant to this subchapter or from proceeds from the sale of bonds issued pursuant to this subchapter, then the contract may be made payable in installments to correspond with the receipt by the district either of proceeds under the sale agreement or proceeds from the sale of any bonds to be issued and delivered in more than one issue, series, or installment, and the contract is not a prohibited debt or indebtedness of the district if the payments under the contract are required to be made solely from the proceeds from the sale of real property or the bonds.

  40. Tex. Education Code Sec. 45.085. BOND REQUIREMENTS.

  41. Tex. Education Code Sec. 45.086. LIBERAL CONSTRUCTION. This subchapter shall be construed liberally to accomplish the legislative intent and the purposes of the subchapter, and all powers granted by this subchapter shall be broadly interpreted to accomplish that intent and those purposes and not as a limitation of powers.

  42. Tex. Education Code Sec. 45.087. OTHER POWERS UNRESTRICTED. This subchapter does not restrict the power of a school district to sell property or issue bonds as provided by other law.

  43. Tex. Education Code Sec. 45.101. USE OF BOND PROCEEDS FOR UTILITY CONNECTIONS. The proceeds of bonds issued by school districts for the construction and equipment of school buildings in the district and the purchase of the necessary sites for school buildings may be used, among other things, to pay the cost of acquiring, laying, and installing pipes or lines to connect with the water, sewer, or gas lines of a municipality or private utility company, whether or not the water, sewer, or gas lines adjoin the school, so that the school district may provide its public school buildings the water, sewer, or gas services.

  44. Tex. Education Code Sec. 45.1011. USE OF BOND PROCEEDS FOR SCHOOL SAFETY COMPLIANCE.

  45. Tex. Education Code Sec. 45.102. INVESTMENT OF BOND PROCEEDS IN OBLIGATIONS OF UNITED STATES OR INTEREST-BEARING SECURED TIME BANK DEPOSITS.

  46. Tex. Education Code Sec. 45.103. INTEREST-BEARING TIME WARRANTS.

  47. Tex. Education Code Sec. 45.104. PLEDGE OF DELINQUENT TAXES AS SECURITY FOR LOAN.

  48. Tex. Education Code Sec. 45.105. AUTHORIZED EXPENDITURES.

  49. Tex. Education Code Sec. 45.106. USE OF COUNTY AVAILABLE FUND APPORTIONMENT FOR AREA SCHOOLS CAREER AND TECHNOLOGY EDUCATION.

  50. Tex. Education Code Sec. 45.107. INVESTMENT OF GIFTS, DEVISES, AND BEQUESTS. A gift, devise, or bequest made to a school district to provide college scholarships for graduates of the district may be invested by the board of trustees of the district as provided by Section 117.004, Property Code, unless otherwise specifically provided by the terms of the gift, devise, or bequest.

  51. Tex. Education Code Sec. 45.108. BORROWING MONEY FOR CURRENT MAINTENANCE EXPENSES.

  52. Tex. Education Code Sec. 45.109. CONTRACTS FOR ATHLETIC FACILITIES.

  53. Tex. Education Code Sec. 45.110. AUTHORIZED BUT UNISSUED BONDS.

  54. Tex. Education Code Sec. 45.1105. USE OF UNSPENT GENERAL OBLIGATION BOND PROCEEDS.

  55. Tex. Education Code Sec. 45.111. CERTIFICATES OF INDEBTEDNESS; ISSUANCE BY CERTAIN SCHOOL AND JUNIOR COLLEGE DISTRICTS.

  56. Tex. Education Code Sec. 45.112. CONTRACTS FOR INVESTMENT OF DEBT SERVICE FUNDS.

  57. Tex. Education Code Sec. 45.113. TRUST FOR COUNTY PERMANENT SCHOOL FUND.

  58. Tex. Education Code Sec. 45.114. BOND, TAX, AND PROJECT DATABASE.

  59. Tex. Education Code Sec. 45.151. DEFINITIONS. In this subchapter:

  60. Tex. Education Code Sec. 45.152. CREATION OF AUTHORITY.

  61. Tex. Education Code Sec. 45.153. BOARD OF DIRECTORS.

  62. Tex. Education Code Sec. 45.154. CONSTRUCTION, ACQUISITION, AND OPERATION OF STADIUM. An authority may construct, enlarge, furnish, and equip stadia, purchase existing stadia, furnishings, and equipment for its stadia, and operate and maintain stadia. A stadium need not be located inside a district creating the authority.

  63. Tex. Education Code Sec. 45.155. BONDS.

  64. Tex. Education Code Sec. 45.156. CONTRACTS WITH SCHOOL DISTRICTS.

  65. Tex. Education Code Sec. 45.157. EXAMINATION OF BONDS BY ATTORNEY GENERAL. Bonds issued under this subchapter and the record relating to their issuance shall be submitted to the attorney general.

  66. Tex. Education Code Sec. 45.158. CHARGES FOR USE OF STADIUM.

  67. Tex. Education Code Sec. 45.159. DEPOSITORY. An authority may select a depository according to the procedures provided by law for the selection of independent school district depositories.

  68. Tex. Education Code Sec. 45.160. TAX EXEMPTION. Recognizing the fact that the property owned by an authority will be held for public purposes only and will be devoted exclusively to the use and benefit of the public, it is exempt from taxation of every character.

  69. Tex. Education Code Sec. 45.161. EMINENT DOMAIN. For the purpose of carrying out any power conferred by this subchapter, an authority may acquire the fee simple title to land and other property and easements by condemnation in the manner provided by Chapter 21, Property Code. An authority is a municipal corporation within the meaning of Section 21.021(c), Property Code. The amount of and character or interest in land, other property, and easements to be acquired shall be determined by the board of directors.

  70. Tex. Education Code Sec. 45.162. INVESTMENT OF BOND PROCEEDS. In addition to other powers, an authority may invest the proceeds of its bonds, until that money is needed, in the direct obligations of or obligations unconditionally guaranteed by the United States, to the extent authorized in the bond resolution or trust indenture or in both.

  71. Tex. Education Code Sec. 45.163. ACCEPTANCE OF GIFTS. The board of directors may accept donations, gifts, and endowments to be held and administered as may be required by the respective donors, to the extent that those requirements do not contravene law.

  72. Tex. Education Code Sec. 45.201. DEFINITIONS. In this subchapter:

  73. Tex. Education Code Sec. 45.202. SELECTION OF DEPOSITORY. The school depository or depositories of every independent school district may be selected only as provided by this subchapter.

  74. Tex. Education Code Sec. 45.203. DEPOSITORY MUST BE A BANK. A school depository must be a bank located in this state.

  75. Tex. Education Code Sec. 45.204. CONFLICT OF INTEREST.

  76. Tex. Education Code Sec. 45.205. TERM OF CONTRACT.

  77. Tex. Education Code Sec. 45.206. BID OR REQUEST FOR PROPOSAL NOTICES; BID AND PROPOSAL FORMS.

  78. Tex. Education Code Sec. 45.207. AWARD OF CONTRACT.

  79. Tex. Education Code Sec. 45.208. DEPOSITORY CONTRACT; BOND.

  80. Tex. Education Code Sec. 45.209. INVESTMENT OF DISTRICT FUNDS. The school district may provide in its bid or proposal blank for the right to place on time deposits with savings and loan institutions located in this state only funds that are fully insured by the Federal Deposit Insurance Corporation. A district may not place on deposit with any savings and loan institution any bond or certificate of indebtedness proceeds as provided by Section 45.102. A depository bank may not be compelled without its consent to accept on time deposit any bond proceeds under Section 45.102, but a depository bank may offer a bid or proposal of interest equaling the highest bid or proposal of interest for the time deposit of the bond proceeds tendered by another bank. If the depository bank equals the bid or proposal, it is entitled to receive the bond proceeds on time deposit.

  81. Tex. Education Code Sec. 45.231. EMPLOYMENT OF ASSESSOR AND COLLECTOR.

  82. Tex. Education Code Sec. 45.232. ALTERNATE METHODS OF SELECTION UNDER FORMER LAW. An independent school district that used a method of selecting the assessor or collector of the school district's taxes for the 1994 tax year that was authorized by former Subchapter F, Chapter 23, as that subchapter existed on January 1, 1994, but that is not authorized by Section 45.231 or by Subchapter B, Chapter 6, Tax Code, may continue to use that method of selection until the school district uses another method authorized by Section 45.231 or by Subchapter B, Chapter 6, Tax Code, to determine how the assessment or collection is performed.

  83. Tex. Education Code Sec. 45.251. DEFINITIONS. In this subchapter:

  84. Tex. Education Code Sec. 45.252. INTERCEPT CREDIT ENHANCEMENT PROGRAM.

  85. Tex. Education Code Sec. 45.253. LIMITATION ON INTERCEPT CREDIT ENHANCEMENT.

  86. Tex. Education Code Sec. 45.254. ELIGIBILITY. To be eligible for approval by the commissioner for credit enhancement under this subchapter:

  87. Tex. Education Code Sec. 45.2541. INTERCEPT OF FOUNDATION SCHOOL PROGRAM APPROPRIATIONS AS CREDIT ENHANCEMENT.

  88. Tex. Education Code Sec. 45.255. APPLICATION FOR CREDIT ENHANCEMENT.

  89. Tex. Education Code Sec. 45.256. INVESTIGATION.

  90. Tex. Education Code Sec. 45.257. CREDIT ENHANCEMENT ENDORSEMENT.

  91. Tex. Education Code Sec. 45.258. NOTICE OF FAILURE OR INABILITY TO PAY. Immediately following a determination that a school district will be or is unable to pay maturing or matured principal or interest on a bond for which credit enhancement is provided under this subchapter, but not later than the 10th day before maturity date, the school district shall notify the commissioner.

  92. Tex. Education Code Sec. 45.259. PAYMENT FROM INTERCEPTED FUNDS.

  93. Tex. Education Code Sec. 45.260. BONDS NOT ACCELERATED ON FAILURE TO PAY. If a school district fails to pay principal or interest on a bond for which credit enhancement is provided under this subchapter when the amount matures, other amounts not yet mature are not accelerated and do not become due by virtue of the district's failure to pay amounts matured.

  94. Tex. Education Code Sec. 45.261. REIMBURSEMENT OF FOUNDATION SCHOOL PROGRAM.

  95. Tex. Education Code Sec. 45.262. REPEATED FAILURE TO PAY.

  96. Tex. Education Code Sec. 45.263. RULES.

  97. Tex. Education Code Sec. 45.301. DEFINITIONS. In this subchapter:

  98. Tex. Education Code Sec. 45.302. ESTABLISHMENT OF PROGRAM.

  99. Tex. Education Code Sec. 45.303. LIMITATION ON PARTICIPATION; MINIMUM REQUIREMENTS FOR DEBT SERVICE RESERVE. In adopting rules under Section 45.302, the commissioner may:

  100. Tex. Education Code Sec. 45.304. ALLOCATION OF PORTION OF FOUNDATION SCHOOL PROGRAM FUNDS FOR CREDIT ENHANCEMENT.

  101. Tex. Education Code Sec. 45.305. PRIVATE MATCHING FUNDS REQUIRED; USE OF OTHER STATE FUNDS.

  102. Tex. Education Code Sec. 45.306. REPAYMENT; LIEN.

  103. Tex. Education Code Sec. 45.307. STATUS OF PROGRAM.

  104. Tex. Education Code Sec. 45.308. RULES. If the commissioner establishes a program under this subchapter, the commissioner shall adopt rules to administer the program.

  105. Tex. Education Code Sec. 45.351. APPLICABILITY. This subchapter applies only to a county:

  106. Tex. Education Code Sec. 45.352. ELECTION TO REVOKE COUNTY EQUALIZATION TAX. The commissioners court of a county to which this subchapter applies may order an election on the question of revoking the county equalization tax, in accordance with former Section 18.11 of this code and other applicable provisions of former Chapter 18, as that chapter existed on May 1, 1995, that continues in effect under Section 11.301.

Chapter 46

  1. Tex. Education Code Sec. 46.001. DEFINITION. In this subchapter, "instructional facility" means real property, an improvement to real property, or a necessary fixture of an improvement to real property that is used predominantly for teaching the curriculum required under Section 28.002.

  2. Tex. Education Code Sec. 46.002. RULES.

  3. Tex. Education Code Sec. 46.003. SCHOOL FACILITIES ALLOTMENT.

  4. Tex. Education Code Sec. 46.004. LEASE-PURCHASE AGREEMENTS.

  5. Tex. Education Code Sec. 46.005. LIMITATION ON GUARANTEED AMOUNT. The guaranteed amount of state and local funds for a new project that a district may be awarded in any state fiscal biennium under Section 46.003 for a school district may not exceed the lesser of:

  6. Tex. Education Code Sec. 46.006. SHORTAGE OR EXCESS OF FUNDS APPROPRIATED FOR NEW PROJECTS.

  7. Tex. Education Code Sec. 46.007. REFUNDING BONDS. A school district may use state funds received under this subchapter to pay the principal of and interest on refunding bonds that:

  8. Tex. Education Code Sec. 46.008. STANDARDS.

  9. Tex. Education Code Sec. 46.0081. SECURITY CRITERIA IN DESIGN OF INSTRUCTIONAL FACILITIES. A school district that constructs a new instructional facility or conducts a major renovation of an existing instructional facility using funds allotted to the district under this subchapter shall consider, in the design of the instructional facility, appropriate security criteria.

  10. Tex. Education Code Sec. 46.009. PAYMENT OF SCHOOL FACILITIES ALLOTMENTS.

  11. Tex. Education Code Sec. 46.010. PROJECTS BY MORE THAN ONE DISTRICT. If two or more districts apply for state assistance in connection with a joint project at a single location, each district is entitled to a guaranteed facilities yield amount of state and local funds that is 20 percent higher than the amount to which the district would otherwise be entitled under Section 46.005.

  12. Tex. Education Code Sec. 46.011. SALE OF INSTRUCTIONAL FACILITY FINANCED WITH INSTRUCTIONAL FACILITIES ALLOTMENT.

  13. Tex. Education Code Sec. 46.012. APPLICABILITY TO OPEN-ENROLLMENT CHARTER SCHOOLS. An open-enrollment charter school is not entitled to an allotment under this subchapter.

  14. Tex. Education Code Sec. 46.013. MULTIPLE ALLOTMENTS PROHIBITED. A school district is not entitled to state assistance under this subchapter based on taxes with respect to which the district receives state assistance under Subchapter E, Chapter 48.

  15. Tex. Education Code Sec. 46.031. RULES. The commissioner may adopt rules for the administration of this subchapter.

  16. Tex. Education Code Sec. 46.032. ALLOTMENT.

  17. Tex. Education Code Sec. 46.033. ELIGIBLE BONDS. Bonds, including bonds issued under Section 45.006, are eligible to be paid with state and local funds under this subchapter if:

  18. Tex. Education Code Sec. 46.034. LIMITS ON ASSISTANCE.

  19. Tex. Education Code Sec. 46.035. PAYMENT OF ASSISTANCE. Section 46.009 applies to the payment of assistance under this subchapter.

  20. Tex. Education Code Sec. 46.036. APPLICABILITY TO OPEN-ENROLLMENT CHARTER SCHOOLS. An open-enrollment charter school is not entitled to an allotment under this subchapter.

  21. Tex. Education Code Sec. 46.037. MULTIPLE ALLOTMENTS PROHIBITED. A school district is not entitled to state assistance under this subchapter based on taxes with respect to which the district receives state assistance under Subchapter E, Chapter 48.

  22. Tex. Education Code Sec. 46.061. STATE ASSISTANCE FOR REFINANCING.

  23. Tex. Education Code Sec. 46.071. ADDITIONAL STATE AID FOR HOMESTEAD EXEMPTION AND LIMITATION ON TAX INCREASES.

Chapter 47

  1. Tex. Education Code Sec. 47.001. DEFINITION. In this chapter, "fund" means the tax reduction and excellence in education fund.

  2. Tex. Education Code Sec. 47.002. FUND ESTABLISHED.

  3. Tex. Education Code Sec. 47.003. USES OF FUND. Except as otherwise provided by this chapter, money in the fund may be appropriated only:

  4. Tex. Education Code Sec. 47.004. DEPOSIT OF CERTAIN MONEY DEDICATED FOR SCHOOL DISTRICT AD VALOREM TAX RATE REDUCTION.

  5. Tex. Education Code Sec. 47.005. CERTAIN MONEY DISTRIBUTED TO AVAILABLE SCHOOL FUND.

  6. Tex. Education Code Sec. 47.006. DEPOSIT OF MONEY BASED ON CERTAIN SALES AND USE TAX COLLECTIONS.

Chapter 48

  1. Tex. Education Code Sec. 48.001. STATE POLICY.

  2. Tex. Education Code Sec. 48.002. PURPOSES OF FOUNDATION SCHOOL PROGRAM.

  3. Tex. Education Code Sec. 48.003. STUDENT ELIGIBILITY.

  4. Tex. Education Code Sec. 48.0035. USE OF FUNDING FOR CERTAIN PURPOSES. A school district may use funding to which the district is entitled under this chapter to:

  5. Tex. Education Code Sec. 48.004. ADMINISTRATION OF THE PROGRAM. The commissioner shall adopt rules and take action and require reports consistent with this chapter as necessary to implement and administer the Foundation School Program.

  6. Tex. Education Code Sec. 48.005. AVERAGE DAILY ATTENDANCE.

  7. Tex. Education Code Sec. 48.0051. INCENTIVE FOR ADDITIONAL INSTRUCTIONAL DAYS.

  8. Tex. Education Code Sec. 48.0052. INCENTIVE FOR ADDITIONAL INSTRUCTIONAL DAYS FOR READING INTERVENTIONS.

  9. Tex. Education Code Sec. 48.006. AVERAGE DAILY ATTENDANCE FOR DISTRICTS IN DISASTER AREA.

  10. Tex. Education Code Sec. 48.007. OFF-CAMPUS PROGRAMS APPROVED FOR PURPOSES OF AVERAGE DAILY ATTENDANCE.

  11. Tex. Education Code Sec. 48.008. PUBLIC EDUCATION INFORMATION MANAGEMENT SYSTEM (PEIMS).

  12. Tex. Education Code Sec. 48.009. REQUIRED PEIMS REPORTING.

  13. Tex. Education Code Sec. 48.010. DETERMINATION OF FUNDING LEVELS.

  14. Tex. Education Code Sec. 48.011. COMMISSIONER AUTHORITY TO RESOLVE UNINTENDED CONSEQUENCES.

  15. Tex. Education Code Sec. 48.014. NOTICE FOR SCHOOL DISTRICTS REGARDING RECOURSE FOR INVALID PROPERTY VALUES.

  16. Tex. Education Code Sec. 48.051. BASIC ALLOTMENT.

  17. Tex. Education Code Sec. 48.052. SPARSITY ADJUSTMENT.

  18. Tex. Education Code Sec. 48.053. ALLOTMENT FOR CERTAIN SPECIAL-PURPOSE SCHOOL DISTRICTS.

  19. Tex. Education Code Sec. 48.101. SMALL AND MID-SIZED DISTRICT ALLOTMENT.

  20. Tex. Education Code Sec. 48.102. SPECIAL EDUCATION.

  21. Tex. Education Code Sec. 48.1021. SPECIAL EDUCATION SERVICE GROUP ALLOTMENT.

  22. Tex. Education Code Sec. 48.1022. SPECIAL EDUCATION TRANSITION FUNDING.

  23. Tex. Education Code Sec. 48.103. ALLOTMENT FOR STUDENT WITH DYSLEXIA OR RELATED DISORDER.

  24. Tex. Education Code Sec. 48.104. COMPENSATORY EDUCATION ALLOTMENT.

  25. Tex. Education Code Sec. 48.1041. COMPENSATORY EDUCATION ALLOTMENT ADVISORY COMMITTEE.

  26. Tex. Education Code Sec. 48.105. BILINGUAL EDUCATION ALLOTMENT.

  27. Tex. Education Code Sec. 48.106. CAREER AND TECHNOLOGY EDUCATION ALLOTMENT.

  28. Tex. Education Code Sec. 48.107. PUBLIC EDUCATION GRANT ALLOTMENT.

  29. Tex. Education Code Sec. 48.108. EARLY EDUCATION ALLOTMENT.

  30. Tex. Education Code Sec. 48.1081. DISTRIBUTION OF CERTAIN EARLY EDUCATION ALLOTMENT MONEY FOR PURPOSES OF FULL-DAY PREKINDERGARTEN.

  31. Tex. Education Code Sec. 48.109. GIFTED AND TALENTED STUDENT ALLOTMENT.

  32. Tex. Education Code Sec. 48.110. COLLEGE, CAREER, OR MILITARY READINESS OUTCOMES BONUS.

  33. Tex. Education Code Sec. 48.111. FAST GROWTH ALLOTMENT.

  34. Tex. Education Code Sec. 48.112. TEACHER INCENTIVE ALLOTMENT.

  35. Tex. Education Code Sec. 48.114. MENTOR PROGRAM ALLOTMENT.

  36. Tex. Education Code Sec. 48.118. RURAL PATHWAY EXCELLENCE PARTNERSHIP (R-PEP) ALLOTMENT AND OUTCOMES BONUS.

  37. Tex. Education Code Sec. 48.122. EARLY LITERACY INTERVENTION ALLOTMENT.

  38. Tex. Education Code Sec. 48.151. TRANSPORTATION ALLOTMENT.

  39. Tex. Education Code Sec. 48.152. NEW INSTRUCTIONAL FACILITY ALLOTMENT.

  40. Tex. Education Code Sec. 48.153. DROPOUT RECOVERY SCHOOL AND RESIDENTIAL PLACEMENT FACILITY ALLOTMENT. A school district or open-enrollment charter school is entitled to $275 for each student in average daily attendance who:

  41. Tex. Education Code Sec. 48.154. TUITION ALLOTMENT FOR DISTRICTS NOT OFFERING ALL GRADE LEVELS. A school district that contracts for students residing in the district to be educated in another district under Section 25.039(a) is entitled to receive an allotment equal to the total amount of tuition required to be paid by the district under Section 25.039, not to exceed the amount specified by commissioner rule under Section 25.039(b).

  42. Tex. Education Code Sec. 48.155. COLLEGE PREPARATION AND CAREER READINESS ASSESSMENT REIMBURSEMENT. A school district is entitled to reimbursement for the amount of fees paid by the district for the administration of an assessment instrument under Section 39.0261(a)(3).

  43. Tex. Education Code Sec. 48.156. CERTIFICATION EXAMINATION REIMBURSEMENT.

  44. Tex. Education Code Sec. 48.157. PREPARING AND RETAINING EDUCATORS THROUGH PARTNERSHIP PROGRAM ALLOTMENT.

  45. Tex. Education Code Sec. 48.158. TEACHER RETENTION ALLOTMENT.

  46. Tex. Education Code Sec. 48.1581. SUPPORT STAFF RETENTION ALLOTMENT.

  47. Tex. Education Code Sec. 48.159. SPECIAL EDUCATION FULL INDIVIDUAL AND INITIAL EVALUATION. For each child for whom a school district conducts a full individual and initial evaluation under Section 29.004 or 20 U.S.C. Section 1414(a)(1), the district is entitled to an allotment of $1,000 or a greater amount provided by appropriation.

  48. Tex. Education Code Sec. 48.160. SCHOOL SAFETY ALLOTMENT.

  49. Tex. Education Code Sec. 48.161. ALLOTMENT FOR BASIC COSTS.

  50. Tex. Education Code Sec. 48.201. PURPOSE. The purpose of the tier two component of the Foundation School Program is to provide each school district with the opportunity to provide the basic program and to supplement that program at a level of its own choice. An allotment under this subchapter may be used for any legal purpose other than:

  51. Tex. Education Code Sec. 48.202. TIER TWO ALLOTMENT.

  52. Tex. Education Code Sec. 48.203. LIMITATION ON ENRICHMENT TAX RATE. The district enrichment tax rate ("DTR") under Section 48.202 may not exceed the amount per $100 of valuation by which the maximum rate permitted under Section 45.003 exceeds the rate used to determine the district's local share under Section 48.256, or a greater amount for any year provided by appropriation.

  53. Tex. Education Code Sec. 48.204. COMPUTATION OF AID FOR DISTRICT ON MILITARY RESERVATION OR AT STATE SCHOOL. State assistance under this subchapter for a school district located on a federal military installation or at Moody State School is computed using the average tax rate and property value per student of school districts in the county, as determined by the commissioner.

  54. Tex. Education Code Sec. 48.251. FINANCING; GENERAL RULE.

  55. Tex. Education Code Sec. 48.252. SCHOOL DISTRICT ENTITLEMENT FOR CERTAIN STUDENTS.

  56. Tex. Education Code Sec. 48.253. ADDITIONAL STATE AID FOR TAX INCREMENT FINANCING PAYMENTS.

  57. Tex. Education Code Sec. 48.254. ADDITIONAL STATE AID FOR AD VALOREM TAX CREDITS UNDER TEXAS ECONOMIC DEVELOPMENT ACT. For each school year, a school district, including a school district that is otherwise ineligible for state aid under this chapter, is entitled to state aid in an amount equal to the amount of all tax credits credited against ad valorem taxes of the district in that year under former Subchapter D, Chapter 313, Tax Code.

  58. Tex. Education Code Sec. 48.2541. ADDITIONAL STATE AID FOR CERTAIN AD VALOREM TAX REFUNDS. For each school year, a school district, including a school district that is otherwise ineligible for state aid under this chapter, is entitled to state aid in an amount equal to the amount of all tax refunds provided under Section 26.1115(c), Tax Code.

  59. Tex. Education Code Sec. 48.2542. ADDITIONAL STATE AID FOR ADJUSTMENT OF LIMITATION ON TAX INCREASES ON HOMESTEAD OF ELDERLY OR DISABLED. Notwithstanding any other provision of this chapter, if a school district is not fully compensated through state aid or the calculation of excess local revenue under this chapter based on the determination of the district's taxable value of property under Subchapter M, Chapter 403, Government Code, the district is entitled to additional state aid in the amount necessary to fully compensate the district for the amount of ad valorem tax revenue lost due to a reduction of the amount of the limitation on tax increases provided by Section 11.26(a-10), Tax Code.

  60. Tex. Education Code Sec. 48.2543. ADDITIONAL STATE AID FOR HOMESTEAD EXEMPTION.

  61. Tex. Education Code Sec. 48.255. STATE COMPRESSION PERCENTAGE.

  62. Tex. Education Code Sec. 48.2551. MAXIMUM COMPRESSED TAX RATE.

  63. Tex. Education Code Sec. 48.2552. LIMITATION ON MAXIMUM COMPRESSED RATE.

  64. Tex. Education Code Sec. 48.2553. PERMITTED TAX RATE FOR MAINTENANCE OF 2020-2021 SCHOOL YEAR BASIC ALLOTMENT.

  65. Tex. Education Code Sec. 48.2556. POSTING ON AGENCY WEBSITE OF INFORMATION RELATED TO REDUCTION OF LIMITATION OF TAX ON HOMESTEADS OF ELDERLY OR DISABLED.

  66. Tex. Education Code Sec. 48.256. LOCAL SHARE OF PROGRAM COST (TIER ONE).

  67. Tex. Education Code Sec. 48.2561. GUARANTEED YIELD INCREMENT ADJUSTMENT.

  68. Tex. Education Code Sec. 48.257. LOCAL REVENUE LEVEL IN EXCESS OF ENTITLEMENT.

  69. Tex. Education Code Sec. 48.258. ADJUSTMENT FOR RAPID DECLINE IN TAXABLE VALUE OF PROPERTY.

  70. Tex. Education Code Sec. 48.259. ADJUSTMENT FOR OPTIONAL HOMESTEAD EXEMPTION.

  71. Tex. Education Code Sec. 48.260. ADJUSTMENT FOR PROPERTY VALUE AFFECTED BY STATE OF DISASTER.

  72. Tex. Education Code Sec. 48.261. REIMBURSEMENT FOR DISASTER REMEDIATION COSTS.

  73. Tex. Education Code Sec. 48.262. ADJUSTMENTS FOR CERTAIN DISTRICTS RECEIVING FEDERAL IMPACT AID. The commissioner is granted the authority to ensure that school districts receiving federal impact aid due to the presence of a military installation or significant concentrations of military students do not receive more than an eight percent reduction should the federal government reduce appropriations to those schools.

  74. Tex. Education Code Sec. 48.2642. ADJUSTMENTS FOR TEXAS FIRST EARLY HIGH SCHOOL COMPLETION PROGRAM GRADUATES.

  75. Tex. Education Code Sec. 48.265. EXCESS FUNDS FOR VIDEO SURVEILLANCE OF SPECIAL EDUCATION SETTINGS.

  76. Tex. Education Code Sec. 48.266. DISTRIBUTION OF FOUNDATION SCHOOL FUND.

  77. Tex. Education Code Sec. 48.267. ADJUSTMENT BY COMMISSIONER.

  78. Tex. Education Code Sec. 48.268. ADJUSTMENT FOR RESOLUTION OF DISPUTE OR ERROR RESULTING IN TAXATION OF SAME PROPERTY BY MULTIPLE SCHOOL DISTRICTS. The commissioner shall adjust the amounts due to a school district under this chapter and Chapter 46 as necessary to account for the resolution of a dispute or error involving the district and another district by an agreement between the districts entered into under Section 31.112(c), Tax Code, or by a final order of the supreme court entered under Section 72.010, Local Government Code.

  79. Tex. Education Code Sec. 48.269. ESTIMATES REQUIRED.

  80. Tex. Education Code Sec. 48.270. FALSIFICATION OF RECORDS; REPORT. When, in the opinion of the agency's director of school audits, audits or reviews of accounting, enrollment, or other records of a school district reveal deliberate falsification of the records, or violation of the provisions of this chapter, through which the district's share of state funds allocated under the authority of this chapter would be, or has been, illegally increased, the director shall promptly and fully report the fact to the State Board of Education, the state auditor, and the appropriate county attorney, district attorney, or criminal district attorney.

  81. Tex. Education Code Sec. 48.271. EFFECT OF APPRAISAL APPEAL.

  82. Tex. Education Code Sec. 48.272. RECOVERY OF OVERALLOCATED FUNDS.

  83. Tex. Education Code Sec. 48.2721. RECOVERY OF FUNDS FROM EXCESSIVE TAXATION. The commissioner shall reduce state aid or adjust the limit on local revenue under Section 48.257 in an amount equal to the amount of revenue generated by a school district's tax effort that is not in compliance with Section 45.003 or this chapter.

  84. Tex. Education Code Sec. 48.273. FOUNDATION SCHOOL FUND TRANSFERS.

  85. Tex. Education Code Sec. 48.274. FOUNDATION SCHOOL FUND TRANSFERS TO CERTAIN CHARTER SCHOOLS.

  86. Tex. Education Code Sec. 48.275. USE OF CERTAIN FUNDS.

  87. Tex. Education Code Sec. 48.279. MAINTENANCE OF STATE FINANCIAL SUPPORT FOR SPECIAL EDUCATION.

  88. Tex. Education Code Sec. 48.283. ADDITIONAL STATE AID FOR CERTAIN DISTRICTS IMPACTED BY COMPRESSION. A school district that received an adjustment under Section 48.257(b) as that subsection existed on September 1, 2024, for the 2022-2023 school year is entitled to additional state aid in an amount equal to the difference, if the difference is greater than zero, between:

  89. Tex. Education Code Sec. 48.284. ADDITIONAL STATE AID FOR REGIONAL INSURANCE COST DIFFERENTIALS.

  90. Tex. Education Code Sec. 48.285. ADDITIONAL STATE AID TO ENSURE FUNDING OF RETENTION ALLOTMENTS.

  91. Tex. Education Code Sec. 48.301. ADDITIONAL ASSISTANCE FOR DISTRICTS WITH STUDENTS USING PUBLIC EDUCATION GRANTS.

  92. Tex. Education Code Sec. 48.302. SUBSIDY FOR HIGH SCHOOL EQUIVALENCY EXAMINATION FOR CERTAIN INDIVIDUALS.

  93. Tex. Education Code Sec. 48.303. ADDITIONAL STATE AID FOR REGIONAL EDUCATION SERVICE CENTER STAFF SALARY INCREASES.

  94. Tex. Education Code Sec. 48.304. DAY PLACEMENT PROGRAM OR COOPERATIVE FUNDING.

  95. Tex. Education Code Sec. 48.305. ALLOTMENT FOR NON-ENROLLED STUDENTS PARTICIPATING IN UNIVERSITY INTERSCHOLASTIC LEAGUE ACTIVITIES.

  96. Tex. Education Code Sec. 48.307. ADDITIONAL STATE AID FOR STATE-APPROVED INSTRUCTIONAL MATERIALS.

  97. Tex. Education Code Sec. 48.308. ADDITIONAL STATE AID FOR OPEN EDUCATION RESOURCE INSTRUCTIONAL MATERIAL.

  98. Tex. Education Code Sec. 48.309. ALLOTMENT FOR FINANCIAL AID FOR SWIFT TRANSFER

  99. Tex. Education Code Sec. 48.310. ALLOTMENT FOR COMPLETION OF TEACHER LITERACY OR MATHEMATICS ACHIEVEMENT ACADEMIES. An educator preparation program participating in a Preparing and Retaining Educators through Partnership Preservice Program under Section 21.902, 21.903, 21.904, or 21.905 is entitled to an annual allotment for each teacher candidate who completes a literacy achievement academy or mathematics achievement academy under Section 21.4552 or 21.4553 approved by the agency for the purpose in the amount of:

  100. Tex. Education Code Sec. 48.315. FUNDING FOR REGIONAL DAY SCHOOL PROGRAMS FOR THE DEAF.

  101. Tex. Education Code Sec. 48.317. THIRD GRADE SUPPLEMENTARY SUPPORTS GRANT; FUNDING ADJUSTMENT.

Chapter 49

  1. Tex. Education Code Sec. 49.001. DEFINITIONS. In this chapter:

  2. Tex. Education Code Sec. 49.002. OPTIONS TO REDUCE LOCAL REVENUE LEVEL. A district with a local revenue level in excess of entitlement may take any combination of the following actions to reduce the district's revenue level:

  3. Tex. Education Code Sec. 49.003. INCLUSION OF ATTENDANCE CREDIT AND NONRESIDENTS IN WEIGHTED AVERAGE DAILY ATTENDANCE. In determining whether a school district has a local revenue level in excess of entitlement, the commissioner shall use:

  4. Tex. Education Code Sec. 49.004. ANNUAL REVIEW OF LOCAL REVENUES.

  5. Tex. Education Code Sec. 49.0041. LOCAL REVENUE LEVEL IN EXCESS OF ENTITLEMENT AFTER REVIEW NOTIFICATION. If the commissioner determines that a school district has a local revenue level in excess of entitlement after the date the commissioner sends notification for the school year under Section 49.004(a), the commissioner shall include the amount of the district's local revenue level that exceeded the level established under Section 48.257 for that school year in the annual review for the following school year of the district's local revenue levels under Section 49.004(a).

  6. Tex. Education Code Sec. 49.0043. TRANSITIONAL PROVISIONS: INCREASED HOMESTEAD EXEMPTIONS.

  7. Tex. Education Code Sec. 49.0044. TRANSITIONAL PROVISIONS: INCREASED HOMESTEAD EXEMPTIONS FOR ELDERLY OR DISABLED PERSONS.

  8. Tex. Education Code Sec. 49.005. COMPTROLLER AND APPRAISAL DISTRICT COOPERATION. The chief appraiser of each appraisal district and the comptroller shall cooperate with the commissioner and school districts in implementing this chapter.

  9. Tex. Education Code Sec. 49.006. RULES.

  10. Tex. Education Code Sec. 49.007. COMMISSIONER TO APPROVE SUBSEQUENT BOUNDARY CHANGES. A school district that is involved in an action under this chapter that results in boundary changes to the district or in the consolidation of tax bases is subject to consolidation, detachment, or annexation under Chapter 13 only if the commissioner certifies that the change under Chapter 13 will not result in a district with a local revenue level in excess of entitlement.

  11. Tex. Education Code Sec. 49.008. HOMESTEAD EXEMPTIONS.

  12. Tex. Education Code Sec. 49.009. TAX ABATEMENTS.

  13. Tex. Education Code Sec. 49.010. TAX INCREMENT OBLIGATIONS. The payment of tax increments under Chapter 311, Tax Code, is not affected by the consolidation of territory or tax bases or by annexation under this chapter. In each tax year a school district paying a tax increment from taxes on property over which the district has assumed taxing power is entitled to retain the same percentage of the tax increment from that property that the district in which the property was located before the consolidation or annexation could have retained for the respective tax year.

  14. Tex. Education Code Sec. 49.011. CONTINGENCY.

  15. Tex. Education Code Sec. 49.012. DATE OF ELECTIONS. An election under this chapter for voter approval of an agreement entered by the board of trustees shall be held on a Tuesday or Saturday not more than 45 days after the date of the agreement. Section 41.001, Election Code, does not apply to the election.

  16. Tex. Education Code Sec. 49.0121. TRANSITIONAL ELECTION DATES.

  17. Tex. Education Code Sec. 49.0122. TRANSITIONAL ELECTION DATES: INCREASED HOMESTEAD EXEMPTIONS FOR ELDERLY OR DISABLED PERSONS.

  18. Tex. Education Code Sec. 49.013. PROCEDURE.

  19. Tex. Education Code Sec. 49.051. AGREEMENT. The governing boards of any two or more school districts may consolidate the districts by agreement in accordance with this subchapter to establish a consolidated district with a local revenue level equal to or less than the level established under Section 48.257. The agreement is not effective unless the commissioner certifies that the consolidated district, as a result of actions taken under this chapter, will have a local revenue level equal to or less than the level established under Section 48.257.

  20. Tex. Education Code Sec. 49.052. GOVERNING LAW. Except to the extent modified by the terms of the agreement, the consolidated district is governed by the applicable provisions of Subchapter D, Chapter 13, other than a provision requiring consolidating districts to be contiguous. The agreement may not be inconsistent with the requirements of this subchapter.

  21. Tex. Education Code Sec. 49.053. GOVERNANCE PLAN.

  22. Tex. Education Code Sec. 49.054. INCENTIVE AID.

  23. Tex. Education Code Sec. 49.101. AGREEMENT.

  24. Tex. Education Code Sec. 49.102. GOVERNING LAW. Except to the extent of any conflict with this chapter and except for any requirement that detached property must be annexed to a school district that is contiguous to the detached territory, the annexation and detachment is governed by Chapter 13.

  25. Tex. Education Code Sec. 49.103. ALLOCATION OF APPRAISED VALUE OF DIVIDED UNIT. If portions of a parcel or other item of property are located in different school districts as a result of a detachment and annexation under this subchapter, the parcel or other item of property shall be appraised for taxation as a unit, and the agreement shall allocate the taxable value of the property between the districts.

  26. Tex. Education Code Sec. 49.104. ALLOCATION OF INDEBTEDNESS. The annexation agreement may allocate to the receiving district any portion of the indebtedness of the district from which the territory is detached, and the receiving district assumes and is liable for the allocated indebtedness.

  27. Tex. Education Code Sec. 49.105. NOTICE. As soon as practicable after the agreement is executed, the districts involved shall notify each affected property owner and the appraisal district in which the affected property is located.

  28. Tex. Education Code Sec. 49.151. AGREEMENT. A school district with a local revenue level in excess of entitlement may execute an agreement with the commissioner to purchase attendance credit in an amount sufficient, in combination with any other actions taken under this chapter, to reduce the district's local revenue level to a level that is equal to or less than the level established under Section 48.257.

  29. Tex. Education Code Sec. 49.152. CREDIT. The amount of credit purchased decreases the dollar amount of a district's local revenue level for purposes of determining whether the district exceeds the level established under Section 48.257.

  30. Tex. Education Code Sec. 49.153. COST.

  31. Tex. Education Code Sec. 49.154. PAYMENT.

  32. Tex. Education Code Sec. 49.155. DURATION. An agreement under this section is valid for one school year and, subject to Section 49.156, may be renewed annually.

  33. Tex. Education Code Sec. 49.156. VOTER APPROVAL.

  34. Tex. Education Code Sec. 49.157. CREDIT FOR APPRAISAL COSTS. The total amount required under Section 49.153 for a district to purchase attendance credit under this subchapter for any school year is reduced by an amount equal to the product of the district's total costs under Section 6.06, Tax Code, for the appraisal district or districts in which it participates multiplied by a percentage that is computed by dividing the total amount required under Section 49.153 by the total amount of taxes imposed in the district for that year less any amounts paid into a tax increment fund under Chapter 311, Tax Code.

  35. Tex. Education Code Sec. 49.158. LIMITATION.

  36. Tex. Education Code Sec. 49.201. AGREEMENT. The board of trustees of a district with a local revenue level in excess of entitlement may execute an agreement to educate the students of another district in a number that, when the weighted average daily attendance of the students served is added to the weighted average daily attendance of the contracting district, is sufficient, in combination with any other actions taken under this chapter, to reduce the district's local revenue level to a level that is equal to or less than the level established under Section 48.257. The agreement is not effective unless the commissioner certifies that the transfer of weighted average daily attendance will not result in any of the contracting districts' local revenue level being greater than the level established under Section 48.257 and that the agreement requires an expenditure per student in weighted average daily attendance that is at least equal to the amount per student in weighted average daily attendance required under Section 49.153.

  37. Tex. Education Code Sec. 49.202. VOTER APPROVAL.

  38. Tex. Education Code Sec. 49.203. WADA COUNT. For purposes of Chapter 48, students served under an agreement under this subchapter are counted only in the weighted average daily attendance of the district providing the services, except that students served under an agreement authorized by Section 49.205 are counted in a manner determined by the commissioner.

  39. Tex. Education Code Sec. 49.204. TRANSFERS.

  40. Tex. Education Code Sec. 49.205. CAREER AND TECHNOLOGY EDUCATION PROGRAMS.

  41. Tex. Education Code Sec. 49.251. AGREEMENT. The board of trustees of two or more school districts may execute an agreement to conduct an election on the creation of a consolidated taxing district for the maintenance and operation of the component school districts. The agreement is subject to approval by the commissioner. The agreement is not effective unless the commissioner certifies that the consolidated taxing district will have a local revenue level equal to or less than the level established under Section 48.257 after all actions taken under this chapter.

  42. Tex. Education Code Sec. 49.252. DATE OF ELECTION. Any agreement under this subchapter must provide for the ordering of an election to be held on the same date in each district.

  43. Tex. Education Code Sec. 49.253. PROPOSITION.

  44. Tex. Education Code Sec. 49.254. APPROVAL. The proposition is approved only if the proposition receives a favorable vote of the majority of the votes cast within each participating school district.

  45. Tex. Education Code Sec. 49.255. CONSOLIDATED TAXING DISTRICT. A consolidated taxing district is a school district established for the limited purpose of exercising the taxing power authorized by Section 3, Article VII, Texas Constitution, and distributing the revenue to its component school districts.

  46. Tex. Education Code Sec. 49.256. GOVERNANCE.

  47. Tex. Education Code Sec. 49.257. MAINTENANCE TAX.

  48. Tex. Education Code Sec. 49.258. REVENUE DISTRIBUTION. The consolidated taxing district shall distribute maintenance tax revenue to the component districts on the basis of the number of students in weighted average daily attendance in the component districts.

  49. Tex. Education Code Sec. 49.259. TAXES OF COMPONENT DISTRICTS.

  50. Tex. Education Code Sec. 49.260. OPTIONAL TOTAL TAX BASE CONSOLIDATION.

  51. Tex. Education Code Sec. 49.301. DEFINITION. In this subchapter, "mineral property" means a real property mineral interest that has been severed from the surface estate by a mineral lease creating a determinable fee or by a conveyance that creates an interest taxable separately from the surface estate. A mineral property includes each royalty interest, working interest, or other undivided interest in the mineral property.

  52. Tex. Education Code Sec. 49.302. DETERMINATION OF TAXABLE VALUE.

  53. Tex. Education Code Sec. 49.303. PROPERTY SUBJECT TO DETACHMENT AND ANNEXATION.

  54. Tex. Education Code Sec. 49.304. TAXATION OF PERSONAL PROPERTY. Personal property having a taxable situs at the same location as real property detached and annexed under this subchapter is taxable by the school district to which the real property is annexed.

  55. Tex. Education Code Sec. 49.305. DETACHMENT OF PROPERTY.

  56. Tex. Education Code Sec. 49.306. ANNEXATION OF PROPERTY.

  57. Tex. Education Code Sec. 49.307. LIMITATIONS ON DETACHMENT AND ANNEXATION. The commissioner may detach and annex property under this subchapter only if:

  58. Tex. Education Code Sec. 49.308. ORDERS AND NOTICE.

  59. Tex. Education Code Sec. 49.309. TREATMENT OF SUBDIVIDED PROPERTY.

  60. Tex. Education Code Sec. 49.310. DUTIES OF CHIEF APPRAISER.

  61. Tex. Education Code Sec. 49.311. STUDENT ATTENDANCE. A student who is a resident of real property detached from a school district may choose to attend school in that district or in the district to which the property is annexed. For purposes of determining average daily attendance under Section 48.005, the student shall be counted in the district to which the property is annexed. If the student chooses to attend school in the district from which the property is detached, the state shall withhold any foundation school funds from the district to which the property is annexed and shall allocate to the district in which the student is attending school those funds and the amount of funds equal to the difference between the state funds the district is receiving for the student and the district's cost in educating the student.

  62. Tex. Education Code Sec. 49.312. BOND TAXES. Property detached from a school district is released from the obligation for any tax to pay principal and interest on bonds authorized by the district before detachment. The property is subject to any tax to pay principal or interest on bonds authorized by the district to which the property is annexed whether authorized before or after annexation.

  63. Tex. Education Code Sec. 49.313. DETERMINATION BY COMMISSIONER FINAL. A decision or determination of the commissioner under this subchapter is final and not appealable.

  64. Tex. Education Code Sec. 49.351. COMMISSIONER ORDER. If the commissioner is required under Section 49.004 to order the consolidation of districts, the consolidation is governed by this subchapter. The commissioner's order shall be effective on a date determined by the commissioner, but not later than the earliest practicable date after November 8.

  65. Tex. Education Code Sec. 49.352. SELECTION CRITERIA.

  66. Tex. Education Code Sec. 49.353. GOVERNANCE.

  67. Tex. Education Code Sec. 49.354. DISSOLUTION OF CONSOLIDATED DISTRICT.

  68. Tex. Education Code Sec. 49.355. FUND BALANCES. Fund balances of a school district consolidated under this subchapter may be used only for the benefit of the schools within the district that generated the funds.

  69. Tex. Education Code Sec. 49.356. EMPLOYMENT CONTRACTS. A consolidated district created under this subchapter shall honor an employment contract entered into by a consolidating district.

  70. Tex. Education Code Sec. 49.357. APPLICATION OF SPARSE ADJUSTMENT AND SMALL AND TRANSPORTATION ALLOTMENTS. The budget of the consolidated district must apply the benefit of the adjustment or allotment to the schools of the consolidating district to which Section 48.052, 48.101, or 48.151 would have applied in the event that the consolidated district still qualifies as a small or sparse district.

Chapter 51

  1. Tex. Education Code Sec. 51.001. INSTITUTIONS TO WHICH APPLICABLE. The provisions of this subchapter apply to each institution of higher education, as that term is defined by Section 61.003 of this code, including each public junior college to the extent possible.

  2. Tex. Education Code Sec. 51.002. FUNDS SUBJECT TO CONTROL.

  3. Tex. Education Code Sec. 51.003. DEPOSITORIES.

  4. Tex. Education Code Sec. 51.0031. DEPOSITS AND INVESTMENTS.

  5. Tex. Education Code Sec. 51.0032. INVESTMENT REPORTS AND POLICIES.

  6. Tex. Education Code Sec. 51.004. SEPARATE ACCOUNTS; TRUST FUNDS; INTEREST.

  7. Tex. Education Code Sec. 51.005. REPORTS. Each institution of higher education shall prepare a complete annual financial report as prescribed by Section 2101.011, Government Code.

  8. Tex. Education Code Sec. 51.0051. ANNUAL OPERATING BUDGETS. The governing board of each institution shall approve on or before September 1 of each year an itemized budget covering the operation of the institution for the fiscal year beginning on September 1 of each year. The budget shall be prepared within the limits of legislatively appropriated general revenue and estimated educational and general funds. The budget shall also include estimated institutional funds. Copies of each such budget shall be furnished to the Texas Higher Education Coordinating Board for distribution to the Governor's Budget and Planning Office, Legislative Budget Board, and Legislative Reference Library. Additional copies shall be delivered to the Texas Higher Education Coordinating Board as required. The governing board of the institution shall retain five copies of the budget for distribution to legislators or other state officials on request.

  9. Tex. Education Code Sec. 51.0052. APPLICATION REQUIREMENT FOR COLONIAS PROJECTS.

  10. Tex. Education Code Sec. 51.006. FUNDS NOT TO BE USED TO INCREASE SALARIES. No part of any of the funds listed in Section 51.002 of this code shall ever be used to increase any salary beyond the sum fixed by the legislature in the general appropriations act; provided, however, that the use of such funds by an institution for this purpose may be specifically authorized by the legislature in general law or the general appropriations act.

  11. Tex. Education Code Sec. 51.0065. APPLICABILITY OF ACROSS-THE-BOARD SALARY INCREASE. An institution of higher education that has adopted a pay-for-performance program that is in effect when an across-the-board salary increase for state employees made by an appropriation act of the legislature takes effect is entitled to receive any appropriation made for purposes of the across-the-board salary increase, and may use the amount appropriated for an across-the-board salary increase or for increases in compensation under the institution's pay-for-performance program.

  12. Tex. Education Code Sec. 51.007. PENALTY. Any state officer, agent, employee, or member of a governing board of any of the above named institutions, or any other person who violates any provision of this subchapter shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than $50 nor more than $500, and in addition may be sentenced to not less than 15 days nor more than three months in the county jail. Failure to print and furnish to the officers above named, the reports above specified, shall subject all of the members of the governing board of the institutions above mentioned to the penalties provided for in this section. Every day in excess of the number of days hereinabove provided for that any sum of money belonging to any of the funds enumerated in this subchapter, whether depositable in special depositories or whether those that should be deposited in the state treasury, shall be withheld from deposit at its proper place of deposit, shall constitute a separate offense and each day of such withholding shall subject the officer, agent, employee, or person so withholding said sum to the penalties herein provided for.

  13. Tex. Education Code Sec. 51.008. CERTAIN RECEIPTS TO BE DEPOSITED IN STATE TREASURY.

  14. Tex. Education Code Sec. 51.009. DEFINING AND ACCOUNTING FOR CERTAIN INCOME.

  15. Tex. Education Code Sec. 51.010. COLLECTION OF DELINQUENT OBLIGATIONS. If under the rules adopted by the attorney general under Chapter 2107, Government Code, an institution of higher education is not required to refer a delinquent obligation for collection to the attorney general, the institution is not required to expend resources for further collection efforts if, considering the amount, security, likelihood of collection, expense, and available resources, the institution determines that further collection should not be actively pursued.

  16. Tex. Education Code Sec. 51.011. DISPOSITION OF SMALL CREDIT BALANCES.

  17. Tex. Education Code Sec. 51.012. PAYMENTS BY ELECTRONIC FUNDS TRANSFER OR ELECTRONIC PAY CARD. An institution of higher education may make any payment through electronic funds transfer or by electronic pay card.

  18. Tex. Education Code Sec. 51.101. DEFINITIONS. In this subchapter:

  19. Tex. Education Code Sec. 51.102. LEGISLATIVE FINDINGS AND PURPOSE. The legislature finds that higher education is vitally important to the welfare, if not the survival, of Texas and the United States at this stage in history and that the quality of higher education is dependent upon the quality of college and university faculties. The legislature finds, therefore, that money spent on recognized means for producing an excellent system of public higher education is money spent to serve a public purpose of great importance. The legislature finds further that a sound program of faculty development leaves of absence designed to enable the faculty member to engage in study, research, writing, and similar projects for the purpose of adding to the knowledge available to himself, his students, his institution, and society generally is a well-recognized means for improving a state's program of public higher education. The legislature's purpose in establishing the faculty development leave program provided for by this subchapter is to improve further the higher education available to the youth at the state-supported colleges and universities and to establish this program of faculty development leaves as part of the plan of compensation for the faculty of these colleges and universities.

  20. Tex. Education Code Sec. 51.103. GRANTING LEAVES OF ABSENCE; PROCEDURES.

  21. Tex. Education Code Sec. 51.104. SERVICE REQUIRED. A faculty member is eligible by reason of service to be considered for a faculty development leave when he has served as a member of the faculty of the same institution of higher education for at least two consecutive academic years. This service may be as an instructor or as an assistant, associate, or full professor, or an equivalent rank, and must be full-time academic duty but need not include teaching.

  22. Tex. Education Code Sec. 51.105. DURATION AND COMPENSATION.

  23. Tex. Education Code Sec. 51.106. NUMBER ON LEAVE AT ONE TIME. Not more than six percent of the faculty members of any institution of higher education may be on faculty development leave at any one time.

  24. Tex. Education Code Sec. 51.107. RIGHTS RETAINED.

  25. Tex. Education Code Sec. 51.108. REGULATIONS CONCERNING ABSENCE.

  26. Tex. Education Code Sec. 51.151. DEFINITIONS. In this subchapter:

  27. Tex. Education Code Sec. 51.152. PURPOSE. The purpose of this subchapter is to promote the educational programs of state-supported institutions of higher education in Texas by authorizing the establishment and operation of a cooperative system for communication and information retrieval and transfer between the institutions and between the institutions and private educational institutions, industry, and the public. The system, employing two-way, closed-circuit television and other electronic communication facilities, is to provide a means of effecting the interchange of ideas, talents, faculties, libraries, and data processing equipment and a means of carrying out an approved program of instructional television.

  28. Tex. Education Code Sec. 51.1521. INTERAGENCY CONTRACTS FOR NETWORKS. Any institution of higher education may enter into an interagency contract with one or more other institutions of higher education for the establishment and operation of a telecommunications network for the transmission of audio or video signals or electronic data, but only to the extent that the telecommunications services are not available through a system of telecommunications services established for state agencies generally. Each of those interagency contracts shall be reviewed by the Texas Higher Education Coordinating Board.

  29. Tex. Education Code Sec. 51.153. WESTERN INFORMATION NETWORK ASSOCIATION.

  30. Tex. Education Code Sec. 51.154. BOARD OF DIRECTORS. The association is governed by a board of directors. The chief administrative officer, or a person designated by the chief administrative officer, of each institution of higher education holding membership in the association shall serve as a director of the board. Service on the board is an additional duty of employment of the chief administrative officers or the persons designated by the chief administrative officers of state-supported institutions and is not an additional position of honor, trust, or profit. The legislature finds that this service is necessary in accomplishing the purpose of this subchapter; is compatible with their employment; and will benefit the educational program of the institution and of the state.

  31. Tex. Education Code Sec. 51.155. DIRECTOR'S EXPENSES. A director is entitled to receive reimbursement for actual expenses incurred in attending meetings of the board and in attending to the business of the association which is authorized by a resolution of the board.

  32. Tex. Education Code Sec. 51.156. MEETINGS OF THE BOARD; QUORUM; ACTION BY BOARD.

  33. Tex. Education Code Sec. 51.157. CHAIRMAN, VICE CHAIRMAN. The board shall select a director to serve as chairman and a director to serve as vice chairman of the board. The chairman shall preside at meetings of the board. If the chairman is not present, or is unable to act, the vice chairman shall preside at the meeting.

  34. Tex. Education Code Sec. 51.158. GENERAL MANAGER, EMPLOYEES. The board may employ a general manager who shall serve as the chief executive officer of the association. The board may employ other employees it considers necessary in carrying on the association's duties and functions.

  35. Tex. Education Code Sec. 51.159. DELEGATION OF AUTHORITY. The board may delegate any of the powers, duties, or functions of the association to the general manager or to any other employee.

  36. Tex. Education Code Sec. 51.160. BOND OF OFFICER, AGENT, OR EMPLOYEE.

  37. Tex. Education Code Sec. 51.161. POWERS AND DUTIES OF ASSOCIATION.

  38. Tex. Education Code Sec. 51.162. GIFTS AND GRANTS. The association may accept gifts, grants, or donations of real or personal property from any individual, group, association, or corporation. It may accept grants from the United States government subject to the limitations or conditions provided by law.

  39. Tex. Education Code Sec. 51.163. INFORMATION NETWORK ASSOCIATION FUND. The Information Network Association Fund is a special fund in the state treasury. All money deposited in the treasury by the Western Information Network Association or any other regional network association created by the Coordinating Board, Texas College and University System, shall be credited to the special fund and disbursed as provided by legislative appropriation.

  40. Tex. Education Code Sec. 51.164. RULES AND REGULATIONS. The association shall adopt and publish rules to govern the conduct of its business.

  41. Tex. Education Code Sec. 51.165. PRINCIPAL OFFICE. The board for Western Information Network Association shall maintain its principal office in Lubbock, at or near Texas Tech University. The boards for other regional information network associations created by the Coordinating Board, Texas College and University System, shall maintain their principal offices at locations designated by the Coordinating Board, Texas College and University System.

  42. Tex. Education Code Sec. 51.166. FACILITIES. Each member institution shall furnish suitable space to the association for a classroom-studio, a lecture studio, and a control room. It may also furnish any additional physical plant facility needed by the association in carrying on its functions at the institution. The facilities may with the approval of the association board and the governing body of the state-supported member institutions be located in a dormitory owned and operated by the association.

  43. Tex. Education Code Sec. 51.167. DESIGNATION OF REGIONS FOR ADDITIONAL ASSOCIATIONS.

  44. Tex. Education Code Sec. 51.168. CREATION OF ADDITIONAL ASSOCIATIONS.

  45. Tex. Education Code Sec. 51.169. PROVISIONS APPLICABLE TO ADDITIONAL ASSOCIATIONS. Except for Subsection (a), Section 51.153 of this Code, the provisions of this subchapter apply to any additional information network association created by the coordinating board.

  46. Tex. Education Code Sec. 51.170. REVENUE BONDS.

  47. Tex. Education Code Sec. 51.171. REVENUE REFUNDING BONDS. Any revenue bonds issued by the board under this subchapter may be refunded, and in that case all pertinent and appropriate provisions of this subchapter are applicable to the refunding bonds. In refunding any of the bonds the board may, in the same authorizing proceedings, refund bonds issued under this subchapter and may combine all the refunding bonds with any other additional new bonds to be issued under this subchapter into one or more issues or series of bonds, and may provide for the subsequent issuance of additional parity bonds, or subordinate lien bonds, under terms and conditions set forth in the authorizing proceedings.

  48. Tex. Education Code Sec. 51.172. APPROVAL OF BONDS; REGISTRATION. All bonds issued under this subchapter shall be submitted to the attorney general for examination. If he finds that the bonds have been authorized in accordance with law, he shall approve them, and thereupon they shall be registered by the comptroller of public accounts. After the approval and registration the bonds are incontestable for any reason and are valid and binding obligations in accordance with their terms for all purposes. If the bonds recite that they are secured partially or otherwise by a pledge of the proceeds of a contract or lease made between the board and another party or parties, public agencies, or otherwise, a copy of the contract or lease and of the proceedings authorizing it may or may not be submitted to the attorney general along with the bond records. If submitted, then the approval by the attorney general of the bonds shall constitute an approval of the contract or lease, and thereafter the contract or lease shall be incontestable.

  49. Tex. Education Code Sec. 51.173. BONDS AS LEGAL INVESTMENTS. All bonds issued under this subchapter are legal and authorized investments for all banks, trust companies, building and loan associations, savings and loan associations, insurance companies of all kinds and types, fiduciaries, trustees, and guardians, and for all interest and sinking funds and other public funds of the State of Texas, and all agencies, subdivisions, and instrumentalities thereof, including all counties, cities, towns, villages, school districts, and all other kinds and types of districts, public agencies, and bodies politic. The bonds are eligible and lawful security for all deposits of public funds of the State of Texas and all agencies, subdivisions, and instrumentalities thereof, including all counties, cities, towns, villages, school districts, and all other kinds and types of districts, public agencies, and bodies politic, to the extent of the market value of the bonds, when accompanied by any unmatured interest coupons appurtenant to them.

  50. Tex. Education Code Sec. 51.201. APPLICABILITY OF CRIMINAL LAWS. All the general and criminal laws of the state are declared to be in full force and effect within the areas under the control and jurisdiction of the state institutions of higher education of this state.

  51. Tex. Education Code Sec. 51.202. RULES AND REGULATIONS.

  52. Tex. Education Code Sec. 51.203. CAMPUS PEACE OFFICERS.

  53. Tex. Education Code Sec. 51.204. TRESPASS, DAMAGE, DEFACEMENT.

  54. Tex. Education Code Sec. 51.205. PARKING; BLOCKING OR IMPEDING TRAFFIC. It is unlawful for any person to park a vehicle on any property under the control and jurisdiction of a state institution of higher education of this state except in the manner designated by the institution and in the spaces marked and designated by the governing board, or to block or impede traffic through any driveway of that property. All laws regulating traffic on highways and streets apply to the operation of vehicles within the property of the institution, except as may be modified in this subchapter.

  55. Tex. Education Code Sec. 51.206. PARKING AND TRAFFIC TICKETS; SUMMONS; ARREST WARRANTS. In connection with traffic and parking violations, only the officers authorized to enforce the provisions of this subchapter have the authority to issue and use traffic tickets and summons of the type used by the Texas Highway Patrol, with any changes that are necessitated by reason of this subchapter. On the issuance of any parking or traffic ticket or summons, the same procedures shall be followed as prevail in connection with the use of parking and traffic violation tickets by the cities of this state and the Texas Highway Patrol. Nothing in this subchapter restricts the application and use of regular arrest warrants.

  56. Tex. Education Code Sec. 51.207. VEHICLE IDENTIFICATION INSIGNIA; VEHICLE PERMITS.

  57. Tex. Education Code Sec. 51.208. PENALTY; COURTS HAVING JURISDICTION.

  58. Tex. Education Code Sec. 51.209. UNAUTHORIZED PERSONS; REFUSAL OF ENTRY, EJECTION, IDENTIFICATION.

  59. Tex. Education Code Sec. 51.210. ENFORCEMENT OF RULES AND REGULATIONS. Notwithstanding any of the provisions of this subchapter, all officers commissioned by the governing board of a state institution of higher education may be empowered by the board to enforce rules and regulations promulgated by the board. Nothing in this subchapter is intended to limit or restrict the authority of each institution to promulgate and enforce appropriate rules and regulations for the orderly conduct of the institution in carrying out its purposes and objectives or the right of separate jurisdiction relating to the conduct of its students and personnel.

  60. Tex. Education Code Sec. 51.211. CUMULATIVE EFFECT. The provisions of this subchapter are cumulative of all other laws.

  61. Tex. Education Code Sec. 51.212. PEACE OFFICERS AT PRIVATE INSTITUTIONS.

  62. Tex. Education Code Sec. 51.2125. PRIVATE INSTITUTIONS: AUTHORITY TO ENTER INTO MUTUAL ASSISTANCE AGREEMENT.

  63. Tex. Education Code Sec. 51.2126. APPEAL BY CAMPUS PEACE OFFICER OF DISCIPLINARY ACTION OR PROMOTIONAL BYPASS RELATED TO PROVISION OF ASSISTANCE UNDER MUTUAL ASSISTANCE AGREEMENT.

  64. Tex. Education Code Sec. 51.213. ABANDONED PERSONAL PROPERTY.

  65. Tex. Education Code Sec. 51.214. SECURITY OFFICERS FOR MEDICAL CORPORATIONS IN CERTAIN MUNICIPALITIES.

  66. Tex. Education Code Sec. 51.215. ACCESS TO POLICE RECORDS OF EMPLOYMENT APPLICANTS.

  67. Tex. Education Code Sec. 51.217. MULTIHAZARD EMERGENCY OPERATIONS PLAN; SAFETY AND SECURITY AUDIT.

  68. Tex. Education Code Sec. 51.218. EMERGENCY ALERT SYSTEM.

  69. Tex. Education Code Sec. 51.219. NOTIFICATION OF PENALTY FOR FALSE ALARM OR REPORT.

  70. Tex. Education Code Sec. 51.220. PUBLIC JUNIOR COLLEGE SCHOOL MARSHALS.

  71. Tex. Education Code Sec. 51.221. ACTIVE SHOOTER TRAINING PROVIDERS. An institution of higher education, as defined by Section 61.003, may not contract for the provision of active shooter training for peace officers commissioned under this subchapter unless the training provider is certified under Section 1701.2515, Occupations Code, to provide the training.

  72. Tex. Education Code Sec. 51.231. DEFINITION OF PERIODS OF DISRUPTION. For purposes of this subchapter a period of disruption is any period in which it reasonably appears that there is a threat of destruction to institutional property, injury to human life on the campus or facility, or a threat of willful disruption of the orderly operation of the campus or facility.

  73. Tex. Education Code Sec. 51.232. IDENTIFICATION OF PERSONS ON CAMPUS.

  74. Tex. Education Code Sec. 51.233. WITHDRAWAL OF CONSENT TO REMAIN ON CAMPUS.

  75. Tex. Education Code Sec. 51.234. NOTICE OF WITHDRAWAL OF CONSENT. When the chief administrative officer of a campus or other facility of a state-supported institution of higher education, or an officer or employee of the institution designated by him to maintain order on the campus or facility, decides to withdraw consent for any person to remain on the campus or facility, he shall notify that person in writing that consent to remain is withdrawn. The written notice must contain all of the following:

  76. Tex. Education Code Sec. 51.235. REPORT TO CHIEF ADMINISTRATIVE OFFICER. Whenever consent is withdrawn by any authorized officer or employee other than the chief administrative officer, the officer or employee shall submit a written report to the chief administrative officer within 24 hours, unless the authorized officer or employee has reinstated consent for the person to remain on the campus. The report must contain all of the following:

  77. Tex. Education Code Sec. 51.236. CONFIRMATION OF WITHDRAWAL OF CONSENT.

  78. Tex. Education Code Sec. 51.237. REQUEST FOR HEARING.

  79. Tex. Education Code Sec. 51.238. REINSTATEMENT OF CONSENT TO REMAIN ON CAMPUS. The chief administrative officer shall reinstate consent whenever he has reason to believe that the presence of the person from whom consent was withdrawn will not constitute a substantial and material threat to the orderly operation of the campus or facility.

  80. Tex. Education Code Sec. 51.239. ENTERING OR REMAINING ON CAMPUS AFTER WITHDRAWAL OF CONSENT.

  81. Tex. Education Code Sec. 51.240. AUTHORITY TO SUSPEND, DISMISS, OR EXPEL STUDENTS OR EMPLOYEES NOT AFFECTED. This subchapter does not affect the power of the duly constituted authorities of a state-supported institution of higher education to suspend, dismiss, or expel any student or employee at the university or college.

  82. Tex. Education Code Sec. 51.241. STUDENTS AND EMPLOYEES BARRED FROM CAMPUS AFTER SUSPENSION OR DISMISSAL.

  83. Tex. Education Code Sec. 51.242. REFUSING OR FAILING TO LEAVE BUILDING CLOSED TO PUBLIC. No person may refuse or fail to leave a building under the control and management of a public agency, including a state-supported institution of higher education, during those hours of the day or night when the building is regularly closed to the public, upon being requested to do so by a guard, watchman, or other employee of a public agency, including a state-supported institution of higher education, controlling and managing the building or property, if the surrounding circumstances are such as to indicate to a reasonable person that the individual or individuals have no apparent lawful business to pursue.

  84. Tex. Education Code Sec. 51.243. REQUIRED HEARING PROCEDURES. A person from whom consent to remain on the campus of a state-supported institution of higher education has been withdrawn in accordance with Section 51.233 is entitled, in addition to the procedures set out in Section 51.234, to the following:

  85. Tex. Education Code Sec. 51.244. PENALTIES. A person who violates Section 51.239, 51.241, or 51.242 of this code is guilty of a misdemeanor and upon conviction is subject to a fine of not more than $500 or imprisonment in the county jail for not more than six months, or both.

  86. Tex. Education Code Sec. 51.251. DEFINITIONS. In this subchapter:

  87. Tex. Education Code Sec. 51.252. REPORTING REQUIRED FOR CERTAIN INCIDENTS.

  88. Tex. Education Code Sec. 51.253. ADMINISTRATIVE REPORTING REQUIREMENTS.

  89. Tex. Education Code Sec. 51.254. IMMUNITIES.

  90. Tex. Education Code Sec. 51.255. FAILURE TO REPORT OR FALSE REPORT; OFFENSES.

  91. Tex. Education Code Sec. 51.256. CONFIDENTIALITY.

  92. Tex. Education Code Sec. 51.257. RETALIATION PROHIBITED.

  93. Tex. Education Code Sec. 51.258. COMPLIANCE.

  94. Tex. Education Code Sec. 51.259. RULES. The coordinating board shall adopt rules as necessary to implement and enforce this subchapter, including rules that ensure implementation of this subchapter in a manner that complies with federal law regarding confidentiality of student educational information, including the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g). In adopting those rules, the coordinating board shall use the negotiated rulemaking procedures under Chapter 2008, Government Code, and consult with relevant stakeholders.

  95. Tex. Education Code Sec. 51.281. DEFINITIONS. In this subchapter:

  96. Tex. Education Code Sec. 51.282. POLICY ON SEXUAL HARASSMENT, SEXUAL ASSAULT, DATING VIOLENCE, AND STALKING.

  97. Tex. Education Code Sec. 51.2825. CERTAIN DUTIES OF CAMPUS PEACE OFFICER INVESTIGATING FAMILY VIOLENCE, STALKING, HARASSMENT, OR TERRORISTIC THREAT.

  98. Tex. Education Code Sec. 51.283. ELECTRONIC REPORTING OPTION.

  99. Tex. Education Code Sec. 51.284. AMNESTY FOR STUDENTS REPORTING CERTAIN INCIDENTS.

  100. Tex. Education Code Sec. 51.285. VICTIM REQUEST NOT TO INVESTIGATE.

  101. Tex. Education Code Sec. 51.286. DISCIPLINARY PROCESS FOR CERTAIN VIOLATIONS. A postsecondary educational institution that initiates a disciplinary process concerning an allegation that a student enrolled at the institution violated the institution's code of conduct by committing sexual harassment, sexual assault, dating violence, or stalking shall:

  102. Tex. Education Code Sec. 51.287. STUDENT WITHDRAWAL OR GRADUATION PENDING DISCIPLINARY CHARGES.

  103. Tex. Education Code Sec. 51.288. TRAUMA-INFORMED INVESTIGATION TRAINING. Each peace officer employed by a postsecondary educational institution shall complete training on trauma-informed investigation into allegations of sexual harassment, sexual assault, dating violence, and stalking.

  104. Tex. Education Code Sec. 51.289. MEMORANDA OF UNDERSTANDING REQUIRED. To facilitate effective communication and coordination regarding allegations of sexual harassment, sexual assault, dating violence, and stalking at the institution, a postsecondary educational institution shall enter into a memorandum of understanding with one or more:

  105. Tex. Education Code Sec. 51.290. RESPONSIBLE AND CONFIDENTIAL EMPLOYEE; STUDENT ADVOCATE.

  106. Tex. Education Code Sec. 51.291. CONFIDENTIALITY.

  107. Tex. Education Code Sec. 51.292. COMPLIANCE.

  108. Tex. Education Code Sec. 51.293. EQUAL ACCESS. In implementing the requirements under this subchapter, a postsecondary educational institution shall, to the greatest extent practicable, ensure equal access for students enrolled at or employees of the institution who are persons with disabilities. The institution shall make reasonable efforts to consult with a disability services office of the institution, advocacy groups for people with disabilities, and other relevant stakeholders to assist the institution with complying with the institution's duties under this section.

  109. Tex. Education Code Sec. 51.294. ADVISORY COMMITTEE.

  110. Tex. Education Code Sec. 51.295. RULES.

  111. Tex. Education Code Sec. 51.301. GOVERNMENT OR POLITICAL SCIENCE.

  112. Tex. Education Code Sec. 51.302. AMERICAN OR TEXAS HISTORY.

  113. Tex. Education Code Sec. 51.3025. NUTRITION EDUCATION COURSEWORK.

  114. Tex. Education Code Sec. 51.303. ELECTIVE COURSES IN DACTYLOLOGY.

  115. Tex. Education Code Sec. 51.304. COURSES IN MILITARY AND NAVAL TRAINING. The governing board of any state-supported institution of higher education may request the United States Department of Defense to establish and maintain courses in military and naval training qualifying men student graduates of the courses for reserve commission awards as a part of its curriculum. The board may enter into mutually agreeable contracts for that purpose. The work of the students enrolling in the courses may be credited toward degree requirements under regulations prescribed by the board.

  116. Tex. Education Code Sec. 51.3041. AWARD OF COURSE CREDIT FOR MILITARY TRAINING.

  117. Tex. Education Code Sec. 51.3042. AWARD OF COURSE CREDIT FOR MILITARY SERVICE.

  118. Tex. Education Code Sec. 51.305. PERSONAL FINANCIAL LITERACY TRAINING.

  119. Tex. Education Code Sec. 51.307. RULES. The Texas Higher Education Coordinating Board shall adopt rules necessary for the administration of this subchapter.

  120. Tex. Education Code Sec. 51.308. DRIVER EDUCATION. A driver education course for the purpose of preparing students to obtain a driver's license may be offered by an institution of higher education, as defined by Section 61.003, with the approval of the Texas Department of Licensing and Regulation.

  121. Tex. Education Code Sec. 51.309. PAIN TREATMENT MEDICAL EDUCATION COURSE WORK.

  122. Tex. Education Code Sec. 51.313. STUDY ABROAD: FOREIGN LANGUAGE PROFICIENCY.

  123. Tex. Education Code Sec. 51.315. GENERAL EDUCATION CURRICULUM REVIEW.

  124. Tex. Education Code Sec. 51.331. DEFINITIONS.

  125. Tex. Education Code Sec. 51.332. APPLICABILITY. This subchapter does not apply to:

  126. Tex. Education Code Sec. 51.333. COLLEGE READINESS ASSESSMENT REQUIRED.

  127. Tex. Education Code Sec. 51.334. ASSESSMENT INSTRUMENTS.

  128. Tex. Education Code Sec. 51.335. COLLEGE READINESS ADVISING.

  129. Tex. Education Code Sec. 51.336. DEVELOPMENTAL EDUCATION.

  130. Tex. Education Code Sec. 51.337. REEVALUATION OF COLLEGE READINESS.

  131. Tex. Education Code Sec. 51.338. EXEMPTIONS.

  132. Tex. Education Code Sec. 51.339. PROFESSIONAL DEVELOPMENT FOR DEVELOPMENTAL EDUCATION. The board, in consultation with institutions of higher education, shall develop and provide professional development programs, including instruction in differentiated instruction methods designed to address students' diverse learning needs, to faculty and staff who provide developmental coursework, including basic academic skills education, to students.

  133. Tex. Education Code Sec. 51.340. FUNDING.

  134. Tex. Education Code Sec. 51.341. REPORT TO BOARD. Each institution of higher education, other than a medical and dental unit, shall report annually to the board on the success of its students and the effectiveness of its success initiative.

  135. Tex. Education Code Sec. 51.342. REPORT TO SCHOOL DISTRICTS. An institution of higher education that administers an assessment instrument to students under this subchapter shall report to each school district from which assessed students graduated high school all available information regarding student scores and performance on the assessment instrument and student demographics.

  136. Tex. Education Code Sec. 51.343. EVALUATION OF SUCCESS INITIATIVE. The board shall evaluate the effectiveness of the success initiative on a statewide basis and with respect to each institution of higher education.

  137. Tex. Education Code Sec. 51.344. RULES.

  138. Tex. Education Code Sec. 51.351. DEFINITIONS. In this subchapter:

  139. Tex. Education Code Sec. 51.352. RESPONSIBILITY OF GOVERNING BOARDS.

  140. Tex. Education Code Sec. 51.3521. PERMANENT ADVISORY COMMITTEES.

  141. Tex. Education Code Sec. 51.3522. FACULTY COUNCIL OR SENATE.

  142. Tex. Education Code Sec. 51.3523. SHARED GOVERNANCE.

  143. Tex. Education Code Sec. 51.3525. RESPONSIBILITY OF GOVERNING BOARDS REGARDING DIVERSITY, EQUITY, AND INCLUSION INITIATIVES.

  144. Tex. Education Code Sec. 51.353. RESPONSIBILITY OF SYSTEM ADMINISTRATION.

  145. Tex. Education Code Sec. 51.3535. RESPONSIBILITY OF SYSTEM ADMINISTRATION REGARDING COMPETENCY-BASED EDUCATION.

  146. Tex. Education Code Sec. 51.354. INSTITUTIONAL AUTHORITY AND RESPONSIBILITY.

  147. Tex. Education Code Sec. 51.3541. RESPONSIBILITY OF PRESIDENT OR CHIEF EXECUTIVE OFFICER.

  148. Tex. Education Code Sec. 51.355. NONVOTING STUDENT REGENT; UNIVERSITY SYSTEM BOARD OF REGENTS.

  149. Tex. Education Code Sec. 51.356. NONVOTING STUDENT REGENT; INSTITUTION BOARD OF REGENTS.

  150. Tex. Education Code Sec. 51.357. PUBLIC TESTIMONY AT CERTAIN MEETINGS OF GOVERNING BOARDS OF GENERAL ACADEMIC TEACHING INSTITUTIONS.

  151. Tex. Education Code Sec. 51.358. LONG-TERM STRATEGIC PLAN FOR RESEARCH UNIVERSITY OR EMERGING RESEARCH UNIVERSITY.

  152. Tex. Education Code Sec. 51.359. ROLE AND MISSION STATEMENT. Each institution of higher education shall develop a statement regarding the role and mission of the institution reflecting the three missions of higher education: teaching, research, and public service.

  153. Tex. Education Code Sec. 51.400. DEFINITIONS. In this subchapter:

  154. Tex. Education Code Sec. 51.401. PURPOSE. It is the intent of the legislature that all public higher education institutions of this state shall manage their institutions and institutional resources to achieve maximum effectiveness and to provide the greatest attainable educational benefit from the expenditure of public funds.

  155. Tex. Education Code Sec. 51.402. REPORT OF INSTITUTIONAL AND ACADEMIC DUTIES.

  156. Tex. Education Code Sec. 51.403. ECONOMIC JUSTIFICATION FOR COURSES; REPORTS OF STUDENT ENROLLMENT AND ACADEMIC PERFORMANCE.

  157. Tex. Education Code Sec. 51.4032. ANNUAL REPORT OF PARTICIPATION IN HIGHER EDUCATION. Not later than December 1 of each year and in the form prescribed by the coordinating board, each general academic teaching institution and medical and dental unit as defined in Section 61.003 shall provide to the Texas Higher Education Coordinating Board and shall publish on the institution's website a report describing the composition of the institution's entering class of students. The report must include a demographic breakdown of the class, including a breakdown by race, ethnicity, economic status, and high school class standing. A report submitted by a general academic teaching institution or medical and dental unit as defined in Section 61.003 must include separate demographic breakdowns of the students admitted under Sections 51.803, 51.804, and 51.805 and a description of any plans, policies, or programs developed or implemented by the institution to recruit and retain students from underrepresented groups such as racial or ethnic minority groups.

  158. Tex. Education Code Sec. 51.4033. TRANSFER REPORT.

  159. Tex. Education Code Sec. 51.4034. REPORT OF COURSES TAKEN AT PUBLIC JUNIOR COLLEGES.

  160. Tex. Education Code Sec. 51.4035. PUBLICATION OF INFORMATION REGARDING DENIAL OF TRANSFER CREDIT.

  161. Tex. Education Code Sec. 51.404. SUBMISSION OF REPORTS. Each institution shall submit all reports required by this subchapter to the coordinating board. The coordinating board shall furnish such summaries of these reports as the governor's budget office and legislative budget board may request, including an analysis of compliance by each institution of higher education with its adopted rules and regulations as filed with the coordinating board in compliance with Section 51.402(b) of this code. All such reports shall be public information.

  162. Tex. Education Code Sec. 51.405. REPORTING OF NONCOMPLIANCE. Should any institution of higher education fail to comply with its adopted rules and regulations as determined by the coordinating board in Section 51.404 of this code, the coordinating board shall inform the governor's budget office, the legislative budget board, and the chairmen of the house and senate appropriations committees.

  163. Tex. Education Code Sec. 51.406. EXPIRATION OF CERTAIN REPORTING REQUIREMENTS APPLICABLE TO INSTITUTIONS OF HIGHER EDUCATION AND UNIVERSITY SYSTEMS.

  164. Tex. Education Code Sec. 51.451. DEFINITIONS. In this subchapter:

  165. Tex. Education Code Sec. 51.452. PRIVATE INSTITUTIONS: DISSEMINATION OF COURSE SCHEDULE AND LIST OF REQUIRED AND RECOMMENDED TEXTBOOKS.

  166. Tex. Education Code Sec. 51.4521. PUBLIC INSTITUTIONS: DISSEMINATION OF COURSE SCHEDULE AND LIST OF REQUIRED AND RECOMMENDED COURSE MATERIALS.

  167. Tex. Education Code Sec. 51.453. TEXTBOOK ASSISTANCE INFORMATION FOR STUDENTS. To the extent practicable, an institution of higher education shall make reasonable efforts to disseminate to its students information regarding:

  168. Tex. Education Code Sec. 51.454. TEXTBOOK PUBLISHERS: AVAILABILITY OF INFORMATION TO FACULTY CONCERNING TEXTBOOK PRICES, REVISIONS, AND COPYRIGHTS.

  169. Tex. Education Code Sec. 51.455. TEXTBOOK BUNDLES. A textbook publisher that offers a textbook bundle for sale directly to students enrolled at an institution of higher education or, for resale purposes, to a college bookstore or other bookstore that generally serves the students of the institution shall also offer for sale to the students or bookstore, as applicable, each individual item of instructional material as a separate, unbundled item that is separately priced.

  170. Tex. Education Code Sec. 51.551. PURPOSE. The purpose of this subchapter is to establish a private donor research fund to encourage donations from the private sector to support research and development in teacher education and teaching.

  171. Tex. Education Code Sec. 51.552. FUND.

  172. Tex. Education Code Sec. 51.553. USE OF FUND.

  173. Tex. Education Code Sec. 51.661. PURPOSE. The purpose of this subchapter is to encourage partnerships between public community/junior colleges and other institutions of higher education that are located in the same state uniform service region as adopted by the Texas Higher Education Coordinating Board in order to improve the continuity, quality, and efficiency of educational programs and services.

  174. Tex. Education Code Sec. 51.6615. DEFINITION. In this subchapter, "institution of higher education" has the meaning assigned by Section 61.003.

  175. Tex. Education Code Sec. 51.662. PARTNERSHIP AGREEMENTS. With the approval of the Texas Higher Education Coordinating Board, the governing boards of a public community/junior college and another institution of higher education that are located in the same state uniform service region as adopted by the coordinating board may enter into a partnership agreement designed to coordinate the management and operations of the institutions. The agreements shall in no way abrogate the powers and duties of the boards with regard to the governance of their respective institutions.

  176. Tex. Education Code Sec. 51.663. ADVISORY COMMITTEE. The governing boards of the participating institutions shall appoint an advisory committee composed of three members from each board. The committee shall study the needs of the community served by the institutions and shall make recommendations to the respective boards concerning the development of coordinated programs and services to meet those needs. The committee shall give particular attention to the continuity of curriculum offerings and to the joint use of faculty and staff, facilities, and library resources.

  177. Tex. Education Code Sec. 51.664. JOINT USE OF PERSONNEL. By interagency contract the governing boards of the participating institutions may fill by joint appointment any administrative, faculty, or support position necessary for the operation of the institutions. In such cases, salaries and benefits shall be prorated and paid from the funds of the respective institutions according to the share of each employee's responsibility to each institution.

  178. Tex. Education Code Sec. 51.665. SUPPORT SERVICES. By interagency contract the governing boards of the participating institutions may assign the management and operation of selected services to one of the institutions in order to achieve cost effectiveness. Such services include, but are not limited to, maintenance of building and grounds, operation of auxiliary enterprises, and operation of a jointly supported library.

  179. Tex. Education Code Sec. 51.666. FACILITIES. A participating institution of higher education may lease facilities from or to the community/junior college for administrative and instructional purposes. Community/junior college facilities may not be transferred to the other participating institution of higher education and may not be included in the space inventory of the other participating institution of higher education for formula funding purposes.

  180. Tex. Education Code Sec. 51.667. STATE FUNDING. The community/junior college shall receive state appropriations on the same formula basis as other community/junior colleges, and the other participating institution of higher education shall receive state appropriations on the same formula basis as other similar institutions of higher education.

  181. Tex. Education Code Sec. 51.668. CONTINUING RESPONSIBILITIES. A participating community/junior college must continue to provide programs and services enumerated in Section 130.003(e). The role and scope of the other participating institution of higher education are subject to approval by the coordinating board.

  182. Tex. Education Code Sec. 51.680. REVIEW BY COMMISSIONER OF HIGHER EDUCATION.

  183. Tex. Education Code Sec. 51.701. LEGISLATIVE FINDINGS. The legislature finds that:

  184. Tex. Education Code Sec. 51.702. PURPOSE. It is the intent of the legislature that Texas accept the challenge of becoming the nation's centerpoint for advanced manufacturing technology development by aggressively pursuing the siting in Texas of the National Center for Manufacturing Sciences, proposed by the National Academy of Sciences and the Manufacturing Science Board, and initiated by the National Machine Tool Industry. With this centerpiece for advanced research and technology transfer in the area of manufacturing sciences, Texas could become a primary producer of high value-added products, with enormous benefits for the entire economy.

  185. Tex. Education Code Sec. 51.703. DEFINITION. In this subchapter, "fund" means the fund for the National Center for Manufacturing Sciences.

  186. Tex. Education Code Sec. 51.704. FUND.

  187. Tex. Education Code Sec. 51.705. USE OF FUND.

  188. Tex. Education Code Sec. 51.751. CREATION AND OPERATION.

  189. Tex. Education Code Sec. 51.752. EDUCATIONAL ECONOMIC POLICY COMMITTEE.

  190. Tex. Education Code Sec. 51.761. DEFINITIONS. In this subchapter, "board," "general academic teaching institution," "governing board," "institution of higher education," "public state college," "public technical institute," "private or independent institution of higher education," and "university system" have the meanings assigned by Section 61.003.

  191. Tex. Education Code Sec. 51.762. COMMON ADMISSION APPLICATION FORMS.

  192. Tex. Education Code Sec. 51.763. ELECTRONIC ADMISSION APPLICATION FORM FOR UNIVERSITY SYSTEMS.

  193. Tex. Education Code Sec. 51.764. FEES. This subchapter does not affect the authority of an institution of higher education to receive a reasonable fee for the filing of an application for admission.

  194. Tex. Education Code Sec. 51.765. NURSING SCHOOL APPLICATION CONSOLIDATION.

  195. Tex. Education Code Sec. 51.776. DEFINITIONS. In this subchapter:

  196. Tex. Education Code Sec. 51.7761. AGREEMENT WITH COLLECTIVE BARGAINING ORGANIZATION.

  197. Tex. Education Code Sec. 51.777. DELEGATION OF AUTHORITY. A board may, as appropriate, delegate by rule its authority under this subchapter to its designated representative.

  198. Tex. Education Code Sec. 51.778. COMPETITIVE BIDDING ON CONTRACTS.

  199. Tex. Education Code Sec. 51.779. EVALUATION OF BIDS AND PROPOSALS FOR CONSTRUCTION SERVICES.

  200. Tex. Education Code Sec. 51.780. DESIGN-BUILD CONTRACTS FOR FACILITIES.

  201. Tex. Education Code Sec. 51.781. CONTRACTS FOR FACILITIES: CONSTRUCTION MANAGER-AGENT.

  202. Tex. Education Code Sec. 51.782. CONTRACTS FOR FACILITIES: CONSTRUCTION MANAGER-AT-RISK.

  203. Tex. Education Code Sec. 51.783. SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS.

  204. Tex. Education Code Sec. 51.784. JOB ORDER CONTRACTS FOR FACILITIES CONSTRUCTION OR REPAIR.

  205. Tex. Education Code Sec. 51.785. CERTAIN CONTRACTS PROHIBITED. The board of an institution may not enter into a contract with a person relating to a permanent improvement project at the institution under which the institution makes contractual payments to the person that are not reflected on the institution's financial statement unless the board:

  206. Tex. Education Code Sec. 51.801. DEFINITIONS. In this subchapter, "general academic teaching institution," "governing board," "medical and dental unit," and "university system" have the meanings assigned by Section 61.003.

  207. Tex. Education Code Sec. 51.802. UNIFORM ADMISSION SYSTEM. A general academic teaching institution shall admit first-time freshman students for each semester under the provisions of this subchapter.

  208. Tex. Education Code Sec. 51.803. AUTOMATIC ADMISSION: ALL INSTITUTIONS.

  209. Tex. Education Code Sec. 51.8031. STUDY ON COLLEGE ENTRANCE EXAMINATION SCORES.

  210. Tex. Education Code Sec. 51.8035. AUTOMATIC ADMISSION OF APPLICANTS COMPLETING CORE CURRICULUM AT ANOTHER INSTITUTION.

  211. Tex. Education Code Sec. 51.804. ADDITIONAL AUTOMATIC ADMISSIONS: SELECTED INSTITUTIONS. For each academic year, the governing board of each general academic teaching institution shall determine whether to adopt an admissions policy under which an applicant to the institution as a first-time freshman student, other than an applicant eligible for admission under Section 51.803, shall be admitted to the institution if the applicant:

  212. Tex. Education Code Sec. 51.8045. GRADUATES OF CERTAIN SPECIAL HIGH SCHOOL PROGRAMS.

  213. Tex. Education Code Sec. 51.805. OTHER ADMISSIONS.

  214. Tex. Education Code Sec. 51.807. RULEMAKING.

  215. Tex. Education Code Sec. 51.808. APPLICATION OF ADMISSION CRITERIA TO OTHER PROGRAMS.

  216. Tex. Education Code Sec. 51.809. SCHOLARSHIP AND FELLOWSHIP AWARDS.

  217. Tex. Education Code Sec. 51.810. HIGHER EDUCATION ASSISTANCE PLANS.

  218. Tex. Education Code Sec. 51.821. DEFINITIONS. In this subchapter:

  219. Tex. Education Code Sec. 51.822. JOINT ADMISSION MEDICAL PROGRAM. The Joint Admission Medical Program is a program administered by the Joint Admission Medical Program Council to:

  220. Tex. Education Code Sec. 51.823. COMPOSITION OF COUNCIL.

  221. Tex. Education Code Sec. 51.8235. COUNCIL MEETINGS. The council shall provide notice of each council meeting, which must:

  222. Tex. Education Code Sec. 51.824. COUNCIL DUTIES.

  223. Tex. Education Code Sec. 51.8245. PROGRAM ALTERNATES.

  224. Tex. Education Code Sec. 51.8246. CONFIDENTIAL RECORDS AND PROCEEDINGS.

  225. Tex. Education Code Sec. 51.825. COUNCIL DELEGATION. The council may delegate the performance of the council's administrative functions, including its matching functions, to the Texas Medical and Dental Schools Application Service operated through The University of Texas System.

  226. Tex. Education Code Sec. 51.826. ELIGIBILITY FOR ADMISSION TO PROGRAM.

  227. Tex. Education Code Sec. 51.8265. PREADMISSION MENTORING AND ASSISTANCE.

  228. Tex. Education Code Sec. 51.827. ELIGIBILITY TO CONTINUE PARTICIPATION IN PROGRAM.

  229. Tex. Education Code Sec. 51.828. COUNCIL AGREEMENT WITH STUDENT ADMITTED TO PROGRAM.

  230. Tex. Education Code Sec. 51.829. COUNCIL AGREEMENT WITH PARTICIPATING MEDICAL SCHOOL.

  231. Tex. Education Code Sec. 51.830. COUNCIL AGREEMENT WITH GENERAL ACADEMIC TEACHING INSTITUTION. Each general academic teaching institution must enter into an agreement with the council under which the institution agrees to:

  232. Tex. Education Code Sec. 51.831. COUNCIL AGREEMENT WITH PRIVATE OR INDEPENDENT INSTITUTION OF HIGHER EDUCATION. Each private or independent institution of higher education must enter into an agreement with the council under which the institution agrees to:

  233. Tex. Education Code Sec. 51.833. FUNDING.

  234. Tex. Education Code Sec. 51.834. REPORT.

  235. Tex. Education Code Sec. 51.835. ONLINE FEEDBACK PORTAL.

  236. Tex. Education Code Sec. 51.841. DEFINITIONS. In this subchapter:

  237. Tex. Education Code Sec. 51.842. ADMISSION AND SCHOLARSHIP FACTORS FOR GRADUATE AND PROFESSIONAL PROGRAMS.

  238. Tex. Education Code Sec. 51.843. RULEMAKING. The Texas Higher Education Coordinating Board may adopt rules relating to the operation of admissions and competitive scholarship processes under this subchapter.

  239. Tex. Education Code Sec. 51.844. READMISSION OF CERTAIN MILITARY PERSONNEL TO GRADUATE AND PROFESSIONAL PROGRAMS.

  240. Tex. Education Code Sec. 51.871. DEFINITIONS. In this subchapter:

  241. Tex. Education Code Sec. 51.872. ADMINISTRATION OF FUND. The women's athletic development fund is a fund in the state treasury. The board shall administer the fund.

  242. Tex. Education Code Sec. 51.873. USE OF FUND. The board shall allocate money in the fund to institutions of higher education to support women's athletic development programs that are operated by the institution on a collaborative basis with one or more public high schools in this state.

  243. Tex. Education Code Sec. 51.874. CRITERIA IN SELECTING PROGRAMS. In selecting programs to be supported with money from the fund, the board shall give priority to programs addressing the needs of public high school students whose economic conditions limit their access to athletic facilities, programs, and opportunities. The board shall also consider other relevant factors, including whether a program:

  244. Tex. Education Code Sec. 51.875. FUNDING. The board may use any available revenue, including legislative appropriations, and may solicit and accept gifts, grants, and donations from a public or private source for the purposes of this subchapter.

  245. Tex. Education Code Sec. 51.881. DEFINITIONS. In this subchapter:

  246. Tex. Education Code Sec. 51.882. MAINTENANCE, STORAGE, ADMINISTRATION, AND DISPOSAL OF EPINEPHRINE DELIVERY SYSTEMS.

  247. Tex. Education Code Sec. 51.883. REPORT ON ADMINISTERING EPINEPHRINE DELIVERY SYSTEM.

  248. Tex. Education Code Sec. 51.884. TRAINING.

  249. Tex. Education Code Sec. 51.885. PRESCRIPTION OF EPINEPHRINE DELIVERY SYSTEMS.

  250. Tex. Education Code Sec. 51.886. GIFTS, GRANTS, AND DONATIONS. An institution of higher education may accept gifts, grants, donations, and federal funds to implement this subchapter.

  251. Tex. Education Code Sec. 51.887. RULES. Except as otherwise provided by this subchapter, the commissioner of state health services shall adopt rules necessary to implement this subchapter.

  252. Tex. Education Code Sec. 51.888. IMMUNITY FROM LIABILITY.

  253. Tex. Education Code Sec. 51.901. LIABILITY INSURANCE FOR OPERATORS OF ATOMIC ENERGY REACTORS.

  254. Tex. Education Code Sec. 51.902. CONTRACTS FOR TEACHER TRAINING. The governing board of any state-supported institution of higher education which trains teachers may contract with the trustees of any independent school district for the use of the public schools of the school district as laboratory schools for the training of teachers. The available local funds of the institution or the local funds of the school district may be used in the performance of the contracts.

  255. Tex. Education Code Sec. 51.903. ARCHIVES; CERTIFIED COPIES.

  256. Tex. Education Code Sec. 51.904. STREET CLOSING. The governing body of an institution of higher education as defined by Section 61.003 in a county having a population in excess of 3.3 million may vacate, abandon, and close a street or alley running through the campus if the institution owns all of the real property abutting the street or alley and if the institution owns 20 or more acres of real property at the campus where the street or alley is located.

  257. Tex. Education Code Sec. 51.9045. LIMITATION ON USE OF EMINENT DOMAIN.

  258. Tex. Education Code Sec. 51.905. STATE-OWNED MUSEUM BUILDINGS.

  259. Tex. Education Code Sec. 51.906. SEQUENTIAL EDUCATION PLANNING FOR NURSING EDUCATION. The governing board of each state-supported institution of higher education which provides a nursing education program shall plan and incorporate into the program standards and sequential procedures which will recognize and grant credit for actual educational and clinical experiences in the nursing field which are equivalent to regular course content. The board may require students to pass examinations demonstrating competence based on educational and clinical experiences before granting academic credit.

  260. Tex. Education Code Sec. 51.907. LIMITATIONS ON NUMBER OF COURSES THAT MAY BE DROPPED UNDER CERTAIN CIRCUMSTANCES.

  261. Tex. Education Code Sec. 51.908. FACULTY COMPENSATION POLICIES.

  262. Tex. Education Code Sec. 51.909. EXPULSION OF CERTAIN FOREIGN STUDENTS.

  263. Tex. Education Code Sec. 51.9091. REQUIRED NOTIFICATION OF FEDERAL STUDENT AND EXCHANGE VISITOR INFORMATION SYSTEM

  264. Tex. Education Code Sec. 51.9095. STUDENT COMPLIANCE WITH SELECTIVE SERVICE REGISTRATION.

  265. Tex. Education Code Sec. 51.910. INTERVIEWS FOR HISTORICAL PURPOSES AND COLLECTIONS OF RARE BOOKS, ORIGINAL MANUSCRIPTS, PERSONAL PAPERS, UNPUBLISHED LETTERS, AND AUDIO AND VIDEO TAPES.

  266. Tex. Education Code Sec. 51.911. RELIGIOUS HOLY DAYS.

  267. Tex. Education Code Sec. 51.9111. EXCUSED ABSENCE FOR REQUIRED MILITARY SERVICE.

  268. Tex. Education Code Sec. 51.9112. RESERVE OFFICERS' TRAINING CORPS

  269. Tex. Education Code Sec. 51.912. EQUITY OWNERSHIP; BUSINESS PARTICIPATION.

  270. Tex. Education Code Sec. 51.913. EXECUTIVE SEARCH COMMITTEES.

  271. Tex. Education Code Sec. 51.914. PROTECTION OF CERTAIN INFORMATION.

  272. Tex. Education Code Sec. 51.915. ACADEMIES OF MATHEMATICS AND SCIENCE.

  273. Tex. Education Code Sec. 51.917. FACULTY MEMBERS; USE OF ENGLISH.

  274. Tex. Education Code Sec. 51.918. RURAL HEALTH; FAMILY PRACTICE RESIDENCY PROGRAM.

  275. Tex. Education Code Sec. 51.919. HIV AND AIDS POLICY; INFORMATION DISSEMINATION.

  276. Tex. Education Code Sec. 51.9191. BACTERIAL MENINGITIS INFORMATION FOR NEW STUDENTS.

  277. Tex. Education Code Sec. 51.9192. BACTERIAL MENINGITIS VACCINATION REQUIRED FOR CERTAIN STUDENTS; EXCEPTIONS.

  278. Tex. Education Code Sec. 51.9193. REQUIRED POSTING OF MENTAL HEALTH RESOURCES.

  279. Tex. Education Code Sec. 51.9194. REQUIRED INFORMATION FOR ENTERING STUDENTS REGARDING MENTAL HEALTH AND SUICIDE PREVENTION SERVICES.

  280. Tex. Education Code Sec. 51.91941. SUICIDE PREVENTION AND SEXUAL ASSAULT INFORMATION REQUIRED ON STUDENT IDENTIFICATION CARD.

  281. Tex. Education Code Sec. 51.9195. INFORMATION FOR UNDERGRADUATE STUDENTS REGARDING BENEFITS OF TIMELY GRADUATION.

  282. Tex. Education Code Sec. 51.920. TECHNOLOGY TRANSFER.

  283. Tex. Education Code Sec. 51.9201. ALTERNATIVE TECHNOLOGY FOR COLONIAS. An institution of higher education as defined by Section 61.003 that has a program in the area of community, rural, or urban development shall create partnerships with governmental agencies and counties to implement programs, policies, and strategies to develop alternative technologies to assist colonias that have inadequate services or are without services, including water, wastewater, utility, transportation, housing, and public health care services.

  284. Tex. Education Code Sec. 51.921. POSTING OF STEROID LAW NOTICE. Each public institution of higher education shall post in a conspicuous location in each gymnasium at the institution the following notice:

  285. Tex. Education Code Sec. 51.922. MANDATORY RETIREMENT PROHIBITED.

  286. Tex. Education Code Sec. 51.923. QUALIFICATIONS OF CERTAIN BUSINESS ENTITIES TO ENTER INTO CONTRACTS WITH AN INSTITUTION OF HIGHER EDUCATION.

  287. Tex. Education Code Sec. 51.924. ASSESSMENT INSTRUMENTS USED FOR ADMISSION STANDARDS. Each company or organization that sponsors a college admissions testing program shall annually report to the Central Education Agency the performance in the testing program of students in this state and the program's state and national average standard score results. The company or organization shall report the performance of students by school district on the request of the Central Education Agency. In its determination of the admission of a student, an institution of higher education may not use the student's results on an assessment instrument administered by an organization that fails to comply with this section.

  288. Tex. Education Code Sec. 51.9241. ADMISSION OF STUDENT WITH NONTRADITIONAL SECONDARY EDUCATION.

  289. Tex. Education Code Sec. 51.9242. READMISSION OF STUDENT WHO WITHDRAWS TO PERFORM ACTIVE MILITARY SERVICE.

  290. Tex. Education Code Sec. 51.9245. ADMISSION OF PERSON RECEIVING ATHLETIC SCHOLARSHIP.

  291. Tex. Education Code Sec. 51.9246. COMPENSATION AND PROFESSIONAL REPRESENTATION OF STUDENT ATHLETES PARTICIPATING IN INTERCOLLEGIATE ATHLETIC PROGRAMS.

  292. Tex. Education Code Sec. 51.925. RELIGIOUS HOLY DAYS.

  293. Tex. Education Code Sec. 51.926. PAYROLL DEDUCTIONS FOR QUALIFIED RETIREMENT PLANS.

  294. Tex. Education Code Sec. 51.927. ENERGY SAVINGS PERFORMANCE CONTRACTS.

  295. Tex. Education Code Sec. 51.9271. ENERGY-EFFICIENT LIGHT BULBS IN EDUCATIONAL AND HOUSING FACILITIES.

  296. Tex. Education Code Sec. 51.9273. CERTAIN PARTNERSHIPS TO CONSTRUCT STUDENT HOUSING FACILITIES PROHIBITED.

  297. Tex. Education Code Sec. 51.928. WRITTEN CONTRACTS OR AGREEMENTS BETWEEN CERTAIN INSTITUTIONS.

  298. Tex. Education Code Sec. 51.929. PROHIBITION AGAINST CERTAIN EXTENSIONS OF CREDIT BY CERTAIN RETAIL STORES.

  299. Tex. Education Code Sec. 51.930. NATIONAL STUDENT EXCHANGE PROGRAM.

  300. Tex. Education Code Sec. 51.931. RIGHT TO AN ACADEMIC FRESH START.

  301. Tex. Education Code Sec. 51.9315. PROTECTED EXPRESSION ON CAMPUS.

  302. Tex. Education Code Sec. 51.932. MOTOR VEHICLES OWNED AND USED BY STATE-SUPPORTED INSTITUTIONS.

  303. Tex. Education Code Sec. 51.9325. RETIREMENT INCENTIVES.

  304. Tex. Education Code Sec. 51.933. IMMUNIZATION REQUIREMENTS; EXCEPTION.

  305. Tex. Education Code Sec. 51.9335. ACQUISITION OF GOODS AND SERVICES.

  306. Tex. Education Code Sec. 51.9336. ELECTRONIC AND DIGITAL SIGNATURES.

  307. Tex. Education Code Sec. 51.9337. PURCHASING AUTHORITY CONDITIONAL; REQUIRED STANDARDS.

  308. Tex. Education Code Sec. 51.934. ASSIGNMENT, TRANSFER, OR PLEDGE OF COMPENSATION.

  309. Tex. Education Code Sec. 51.935. DISRUPTIVE ACTIVITIES.

  310. Tex. Education Code Sec. 51.9355. ASSISTANCE RELATING TO UNDERGRADUATE ADMISSIONS, FINANCIAL AID, AND TESTING.

  311. Tex. Education Code Sec. 51.9356. DESIGNATION OF LIAISON OFFICER TO ASSIST STUDENTS WHO ARE OR WERE IN FOSTER CARE.

  312. Tex. Education Code Sec. 51.9357. DESIGNATION OF LIAISON OFFICER TO ASSIST CERTAIN STUDENTS WHO ARE PARENTS; REPORT.

  313. Tex. Education Code Sec. 51.9358. DESIGNATION OF SUPPORT SERVICES LIAISON OFFICER TO ASSIST STUDENTS.

  314. Tex. Education Code Sec. 51.936. HAZING.

  315. Tex. Education Code Sec. 51.9361. RISK MANAGEMENT PROGRAMS FOR MEMBERS AND ADVISORS OF STUDENT ORGANIZATIONS.

  316. Tex. Education Code Sec. 51.9362. OVERDOSE AWARENESS TRAINING FOR RESIDENTIAL ADVISORS AND STUDENT ORGANIZATION OFFICERS.

  317. Tex. Education Code Sec. 51.9363. FENTANYL PREVENTION AND DRUG POISONING AWARENESS EDUCATION.

  318. Tex. Education Code Sec. 51.9364. CERTAIN NOTATIONS REQUIRED ON STUDENT TRANSCRIPTS.

  319. Tex. Education Code Sec. 51.937. IMMUNITY FROM LIABILITY FOR VOLUNTEERS.

  320. Tex. Education Code Sec. 51.940. STUDENT DEBIT CARDS.

  321. Tex. Education Code Sec. 51.941. PURCHASE OF AGRICULTURAL PRODUCTS.

  322. Tex. Education Code Sec. 51.942. FACULTY TENURE.

  323. Tex. Education Code Sec. 51.943. RENEWAL OF FACULTY EMPLOYMENT CONTRACTS.

  324. Tex. Education Code Sec. 51.9431. GRIEVANCE, HIRING, AND DISCIPLINE DECISION-MAKING AUTHORITY.

  325. Tex. Education Code Sec. 51.945. STUDENT PARTICIPATION IN SELECTION OF FOOD SERVICE CONTRACTS.

  326. Tex. Education Code Sec. 51.946. STUDENT DEBIT CARDS AT PRIVATE OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION.

  327. Tex. Education Code Sec. 51.9461. CHARGES AND FEES FOR CERTAIN PAYMENTS AT PRIVATE OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION.

  328. Tex. Education Code Sec. 51.947. PAYROLL DEDUCTIONS FOR CERTAIN ORGANIZATIONS.

  329. Tex. Education Code Sec. 51.948. RESTRICTIONS ON CONTRACTS WITH ADMINISTRATORS.

  330. Tex. Education Code Sec. 51.950. POLICY REGULATING STUDENT TRAVEL.

  331. Tex. Education Code Sec. 51.951. CONFIDENTIALITY OF CERTAIN INFORMATION RELATED TO PURCHASE OR SALE OF REAL ESTATE.

  332. Tex. Education Code Sec. 51.952. STUDENT HEALTH INSURANCE.

  333. Tex. Education Code Sec. 51.953. CERTAIN REVENUE RECEIVED FROM STUDENT HEALTH CENTER SERVICES.

  334. Tex. Education Code Sec. 51.954. DISCLOSURE OF SPONSORS OF CONTRACTED RESEARCH IN PUBLIC COMMUNICATIONS.

  335. Tex. Education Code Sec. 51.955. PROHIBITED STATE AGENCY ACTIONS RELATED TO DISCLOSURE OF PUBLICLY FUNDED RESEARCH.

  336. Tex. Education Code Sec. 51.956. POLICY FRAMEWORK FOR RESEARCH SECURITY.

  337. Tex. Education Code Sec. 51.957. HIGHER EDUCATION RESEARCH SECURITY COUNCIL.

  338. Tex. Education Code Sec. 51.960. GRIEVANCE RIGHTS ON CERTAIN PERSONNEL ISSUES.

  339. Tex. Education Code Sec. 51.961. LEAVE PROVISIONS FOR EMPLOYEES OF UNIVERSITY SYSTEM OR COMPONENT INSTITUTION OF SYSTEM.

  340. Tex. Education Code Sec. 51.9611. PAYROLL DEDUCTIONS FOR EMPLOYEES OF UNIVERSITY SYSTEM OR INSTITUTION OF HIGHER EDUCATION.

  341. Tex. Education Code Sec. 51.962. MERIT SALARY INCREASES.

  342. Tex. Education Code Sec. 51.963. EMPLOYEE WITH MULTIPLE APPOINTMENTS. A full-time employee of an institution of higher education as defined by Section 61.003 who has appointments to more than one position at the same institution may receive pay for working more than 40 hours in a week if the institution determines that pay in lieu of compensatory time is in the best interests of the institution.

  343. Tex. Education Code Sec. 51.964. HIRING OF CERTAIN RETIREES.

  344. Tex. Education Code Sec. 51.9645. PROHIBITION AGAINST CERTAIN ACTIVITIES BY FINANCIAL AID EMPLOYEES.

  345. Tex. Education Code Sec. 51.965. EMPLOYEE NOTIFICATION.

  346. Tex. Education Code Sec. 51.966. INSURANCE COVERAGE.

  347. Tex. Education Code Sec. 51.967. LIMITATION ON EDUCATIONAL DEBT. No statute of limitations shall apply to a lawsuit, to the enforcement of a judgment, or to any other legal action to collect an educational debt owed to an institution of higher education or to the Texas Higher Education Coordinating Board.

  348. Tex. Education Code Sec. 51.9675. EQUAL ACCESS TO DUAL CREDIT COURSES.

  349. Tex. Education Code Sec. 51.968. UNDERGRADUATE COURSE CREDIT FOR HIGH SCHOOL STUDENTS COMPLETING POSTSECONDARY-LEVEL PROGRAM.

  350. Tex. Education Code Sec. 51.9685. REQUIRED FILING OF DEGREE PLAN.

  351. Tex. Education Code Sec. 51.96851. LEARNING OUTCOMES FOR UNDERGRADUATE COURSES.

  352. Tex. Education Code Sec. 51.96852. RECOMMENDED COURSE SEQUENCES.

  353. Tex. Education Code Sec. 51.96853. TRANSFER OF CREDIT FROM LOWER-DIVISION INSTITUTIONS OF HIGHER EDUCATION; ARTICULATION AGREEMENTS.

  354. Tex. Education Code Sec. 51.969. ELIGIBILITY FOR SCHOLARSHIP; STATEMENT REQUIRED.

  355. Tex. Education Code Sec. 51.970. INSTRUCTIONAL MATERIAL FOR BLIND AND VISUALLY IMPAIRED STUDENTS AND STUDENTS WITH DYSLEXIA.

  356. Tex. Education Code Sec. 51.9701. ASSESSMENT FOR DYSLEXIA. Unless otherwise provided by law, an institution of higher education, as defined by Section 61.003, may not reassess a student determined to have dyslexia for the purpose of assessing the student's need for accommodations until the institution of higher education reevaluates the information obtained from previous assessments of the student.

  357. Tex. Education Code Sec. 51.9705. NOTICE REGARDING AVAILABILITY OF TEXTBOOKS THROUGH MULTIPLE RETAILERS.

  358. Tex. Education Code Sec. 51.971. COMPLIANCE PROGRAM.

  359. Tex. Education Code Sec. 51.9715. RELEASE OF STUDENT ACADEMIC INFORMATION.

  360. Tex. Education Code Sec. 51.972. ON-SITE RECLAIMED SYSTEM TECHNOLOGIES CURRICULUM. The Texas Higher Education Coordinating Board shall encourage each institution of higher education to develop curriculum and provide related instruction regarding on-site reclaimed system technologies, including rainwater harvesting, condensate collection, or cooling tower blow down.

  361. Tex. Education Code Sec. 51.973. INFORMATION REGARDING GANG-FREE ZONES. The governing board of each institution of higher education shall ensure that any student handbook or similar publication for the institution includes information on gang-free zones and the consequences of engaging in organized criminal activity within those zones.

  362. Tex. Education Code Sec. 51.974. INTERNET ACCESS TO COURSE INFORMATION.

  363. Tex. Education Code Sec. 51.9741. INTERNET ACCESS TO FINANCIAL TRANSACTIONS.

  364. Tex. Education Code Sec. 51.9745. INTERNET ACCESS TO FACULTY INFORMATION.

  365. Tex. Education Code Sec. 51.9746. INTERNET ACCESS TO EMPLOYMENT DATA.

  366. Tex. Education Code Sec. 51.975. SHARING OF UNDERUSED CLASSROOMS.

  367. Tex. Education Code Sec. 51.976. TRAINING AND EXAMINATION PROGRAM FOR EMPLOYEES OF CAMPUS PROGRAMS FOR MINORS ON WARNING SIGNS OF SEXUAL ABUSE AND CHILD MOLESTATION.

  368. Tex. Education Code Sec. 51.9761. CHILD ABUSE REPORTING POLICY AND TRAINING.

  369. Tex. Education Code Sec. 51.977. EMPLOYMENT POLICIES FOR CERTAIN PERSONS EMPLOYED BY MEDICAL AND DENTAL UNITS.

  370. Tex. Education Code Sec. 51.978. TEMPORARY HOUSING BETWEEN ACADEMIC TERMS FOR CERTAIN STUDENTS FORMERLY UNDER CONSERVATORSHIP OF DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES.

  371. Tex. Education Code Sec. 51.979. PROHIBITION ON CERTAIN DISCRIMINATION IN STUDENT DRESS OR GROOMING POLICY.

  372. Tex. Education Code Sec. 51.9791. ANTISEMITISM: DISCIPLINARY ACTION.

  373. Tex. Education Code Sec. 51.980. INTERCOLLEGIATE ATHLETIC COMPETITION BASED ON BIOLOGICAL SEX.

  374. Tex. Education Code Sec. 51.981. OFF-CAMPUS WORKFORCE EDUCATION OR LOWER-DIVISION PROGRAMS REQUESTED BY EMPLOYERS. An institution of higher education may enter into an agreement with an employer to provide a credit or noncredit off-campus workforce education or lower-division program to the institution's students at a site requested by the employer without the approval of a higher education regional council established under Subchapter N, regardless of whether the site at which the program would be offered is located within the institution's uniform state service region or, if the institution is a public junior college, within the junior college district's service area, if:

  375. Tex. Education Code Sec. 51.982. PROTECTIONS FOR PREGNANT AND PARENTING STUDENTS.

  376. Tex. Education Code Sec. 51.983. EARLY REGISTRATION FOR PARENTING STUDENTS.

  377. Tex. Education Code Sec. 51.9835. EARLY REGISTRATION FOR STUDENTS IN MILITARY-RELATED PROGRAMS.

  378. Tex. Education Code Sec. 51.984. USE OF INSTITUTION FACILITIES BY RELIGIOUS ORGANIZATION.

  379. Tex. Education Code Sec. 51.987. CERTAIN ACADEMIC BOYCOTTS OF FOREIGN COUNTRIES PROHIBITED.

  380. Tex. Education Code Sec. 51.989. REVIEW OF MINOR DEGREE AND CERTIFICATE PROGRAMS.

  381. Tex. Education Code Sec. 51.992. RESTRICTIONS ON TELEWORK FOR HIGHER EDUCATION EMPLOYEES.

  382. Tex. Education Code Sec. 51.995. DIPLOMA DESIGNATION IN EVENT OF MERGER, ACQUISITION, OR NAME CHANGE.

Chapter 52

  1. Tex. Education Code Sec. 52.01. ADMINISTRATION. The Texas Higher Education Coordinating Board, or its successors, shall administer the student loan program authorized by this chapter pursuant to Sections 50b-4, 50b-5, 50b-6, and 50b-7, Article III, Texas Constitution, and any former provision of the Texas Constitution authorizing bonds to finance educational loans to students. Personnel and other expenses required to properly administer this chapter shall be funded by:

  2. Tex. Education Code Sec. 52.02. DELEGATION OF POWERS AND DUTIES. The board may delegate to the commissioner of higher education the powers, duties, and functions authorized by this chapter, except those relating to the sale of bonds and the letting of contracts for insurance.

  3. Tex. Education Code Sec. 52.03. BOARD INTEREST AND SINKING FUNDS.

  4. Tex. Education Code Sec. 52.04. BOARD STUDENT LOAN FUNDS.

  5. Tex. Education Code Sec. 52.11. ISSUANCE OF BONDS.

  6. Tex. Education Code Sec. 52.12. REFUNDING BONDS.

  7. Tex. Education Code Sec. 52.13. BONDS AS INVESTMENTS. All bonds issued pursuant to the provisions of this chapter are legal and authorized investments for banks, savings banks, trust companies, building and loan associations, insurance companies, fiduciaries, trustees, and guardians, and for the sinking funds of cities, towns, villages, counties, school districts, and all other political subdivisions and public agencies of the State of Texas. The bonds, when accompanied by all unmatured coupons appurtenant to them, are lawful and sufficient security for all deposits of state funds and of all funds of any agency or political subdivision of the state, and of counties, school districts, cities, and all other municipal corporations or subdivisions at the par value of the bonds. The bonds and the income from them, including the profits made on their sale, shall at all times be free from taxation in this state.

  8. Tex. Education Code Sec. 52.16. PROCEEDS FROM BOND SALE. All proceeds from the sale of bonds authorized by Sections 50b-4, 50b-5, 50b-6, and 50b-7, Article III, Texas Constitution, shall be deposited in the state treasury in the student loan auxiliary fund.

  9. Tex. Education Code Sec. 52.17. INTEREST AND SINKING FUNDS.

  10. Tex. Education Code Sec. 52.18. DUTIES OF COMPTROLLER. The comptroller of public accounts shall make the transfers required under the provisions of this chapter and shall pay or cause to be paid the principal of and interest on the bonds as they mature and come due.

  11. Tex. Education Code Sec. 52.19. INVESTMENT OF FUNDS. All money in the Texas college interest and sinking fund and in each board interest and sinking fund, including any reserve portion, and all money in the Texas Opportunity Plan Fund and in the student loan auxiliary fund in excess of the amount necessary for student loans, and all money in each board student loan fund shall be invested by the comptroller in the investments prescribed by board resolution. The board shall furnish to the comptroller a copy of the resolution prescribing authorized investments. The board may sell any instruments owned in the Texas college interest and sinking fund, a board interest and sinking fund, the Texas Opportunity Plan Fund, the student loan auxiliary fund, or a board student loan fund at the prevailing market price. Income from these investments may be deposited in any of those funds.

  12. Tex. Education Code Sec. 52.20. STUDENT LOAN NOTES.

  13. Tex. Education Code Sec. 52.31. PARTICIPATING INSTITUTIONS. In this subchapter, "participating higher educational institution" means a public or private nonprofit institution of higher education, including a junior college, accredited by a recognized accrediting agency as defined by Section 61.003, or a regional education service center or other entity that offers an alternative educator certification program approved by the State Board for Educator Certification, that:

  14. Tex. Education Code Sec. 52.32. QUALIFICATIONS FOR LOANS.

  15. Tex. Education Code Sec. 52.321. STANDARDS CONCERNING ABILITY TO REPAY CERTAIN LOANS. In establishing requirements to be met by applicants for student loans authorized by the board under this chapter, the board may not establish standards relating to demonstration of ability to repay a federally insured student loan that are stricter for a certain class of applicants than for other applicants, except in cases where the applicant attends a school with a loan default rate of 15 percent or more.

  16. Tex. Education Code Sec. 52.33. AMOUNT OF LOAN. The amount of the loan to any qualified applicant shall be limited to the difference between the financial resources available to the applicant, including the applicant's scholarships, gifts, grants, and other financial aid, and the amount necessary to pay the applicant's reasonable expenses as a student at the participating institution of higher education where the applicant has been accepted for enrollment, under the rules and regulations adopted by the board. The total loan to any individual student may never be more than the amount the student can reasonably be expected to repay in the maximum loan period provided by board rule, except as otherwise provided for in this chapter.

  17. Tex. Education Code Sec. 52.335. REQUIRED LOAN DEBT DISCLOSURE.

  18. Tex. Education Code Sec. 52.34. PAYMENTS TO STUDENT.

  19. Tex. Education Code Sec. 52.35. TERM OF LOANS. The term of all authorized loans must be for the shortest possible period consistent with general practice by issuers of student loans, as determined by the board.

  20. Tex. Education Code Sec. 52.36. LOAN INTEREST AND FEES.

  21. Tex. Education Code Sec. 52.37. INSURANCE. The board may contract with any insurance company or companies licensed to do business in Texas for insurance on the life of any student borrower in an amount sufficient to retire the principal and interest owed under a loan made under the provisions of this chapter. The cost of the insurance shall be paid by the student borrower. No contract for insurance as provided for in this section may be approved except by the board during a regular meeting attended by a quorum of the total board membership.

  22. Tex. Education Code Sec. 52.38. REPAYMENT OF LOANS. Repayment of any loan and interest authorized under this chapter shall be made monthly and shall begin not later than nine months after the date the student borrower is last enrolled in a participating institution or any other institution of higher education. The board may, however, authorize a longer period before beginning repayment of loans to medical students, dental students, and other students seeking professional or graduate degrees. The board may extend the time for beginning repayment for unusual financial hardships, with the approval of the attorney general. Repayment shall be made directly to the board pursuant to a contract executed by the board in accordance with its rules and regulations.

  23. Tex. Education Code Sec. 52.39. DEFAULT; SUIT. When any person who has received or cosigned as a guarantor for a loan authorized by this chapter has failed or refused to make as many as six monthly payments due in accordance with an executed note, then the full amount of the remaining principal and interest becomes due and payable immediately, and the amount due, the person's name and last known address, and other necessary information shall be reported by the board to the attorney general. Suit for the remaining sum shall be instituted by the attorney general, unless the attorney general finds reasonable justification for delaying suit and so advises the board in writing. Venue for a suit arising under this section is exclusively conferred on a court of competent jurisdiction in Travis County.

  24. Tex. Education Code Sec. 52.41. SERVICING OF CERTAIN FEDERALLY INSURED STUDENT LOANS.

  25. Tex. Education Code Sec. 52.501. DEFINITIONS. In this chapter:

  26. Tex. Education Code Sec. 52.51. ADVISORY COMMITTEES. The board may appoint advisory committees from outside its membership as it deems necessary to assist it in achieving the purposes of this chapter.

  27. Tex. Education Code Sec. 52.52. CONTRACTS.

  28. Tex. Education Code Sec. 52.521. FILING OF CLAIMS ON LOANS IN DEFAULT.

  29. Tex. Education Code Sec. 52.53. GIFTS AND GRANTS. The board may accept gifts, grants, or donations of real or personal property from any individual, group, association, or corporation or the United States, subject to limitations or conditions set by law. The board shall deposit gifts, grants, or donations of money in the student loan auxiliary fund and shall separately account for and expend the funds in accordance with the specific purpose for which given and under such conditions as are imposed by the donor and as provided by law.

  30. Tex. Education Code Sec. 52.54. RULES AND REGULATIONS.

  31. Tex. Education Code Sec. 52.541. ACCOUNTS FOR LOAN PROGRAMS.

  32. Tex. Education Code Sec. 52.55. AUDIT. All transactions under the provisions of this chapter are subject to audit by the state auditor.

  33. Tex. Education Code Sec. 52.81. DEFINITIONS. In this subchapter:

  34. Tex. Education Code Sec. 52.82. ISSUANCE; SALE.

  35. Tex. Education Code Sec. 52.83. TERMS.

  36. Tex. Education Code Sec. 52.84. EXECUTION; REGISTRATION. The resolution authorizing the issuance of the bonds may provide for the manner of execution and for the registration of ownership of the bonds.

  37. Tex. Education Code Sec. 52.85. MARKETING; DISTRIBUTION.

  38. Tex. Education Code Sec. 52.86. APPROVAL AND REGISTRATION.

  39. Tex. Education Code Sec. 52.87. MANDAMUS. The performance of official duties prescribed by this subchapter and by former Section 50b-3 and Sections 50b-4, 50b-5, 50b-6, and 50b-7, Article III, Texas Constitution, in reference to the payment of the bonds, may be enforced in a court of competent jurisdiction by mandamus or other appropriate proceedings.

  40. Tex. Education Code Sec. 52.88. REPLACEMENT OF BOND. The board may provide for the replacement of a bond that is mutilated, lost, or destroyed.

  41. Tex. Education Code Sec. 52.89. FUND.

  42. Tex. Education Code Sec. 52.90. LOANS FROM FUND.

  43. Tex. Education Code Sec. 52.91. BONDS FOR FORMER TEXAS B-ON-TIME STUDENT LOAN PROGRAM.

Chapter 53

  1. Tex. Education Code Sec. 53.01. SHORT TITLE. This chapter may be cited as the Higher Education Facility Authority for Public Schools Act.

  2. Tex. Education Code Sec. 53.02. DEFINITIONS. In this chapter:

  3. Tex. Education Code Sec. 53.11. CREATION OF AUTHORITY. When the governing body of a city finds that it is to the best interest of the city and its inhabitants to create a higher education facility authority, it shall pass an ordinance creating the authority and designating the name by which it shall be known. If the governing bodies of two or more cities find that it is to the best interest of the cities to create an authority to include those cities, each governing body shall pass an ordinance creating the authority and designating the name by which it shall be known.

  4. Tex. Education Code Sec. 53.12. TERRITORY. The authority comprises only the territory included within the boundaries of the city or cities creating it.

  5. Tex. Education Code Sec. 53.13. CORPORATE POWERS. An authority is a body politic and corporate having the power of perpetual succession. It shall have a seal; it may sue and be sued; and it may make, amend, and repeal its bylaws.

  6. Tex. Education Code Sec. 53.131. AUTHORITY'S EARNINGS. A private person may not share in any of an authority's earnings.

  7. Tex. Education Code Sec. 53.14. BOARD OF DIRECTORS.

  8. Tex. Education Code Sec. 53.15. ORGANIZATION OF BOARD; QUORUM; EMPLOYEES; COUNSEL.

  9. Tex. Education Code Sec. 53.31. NO TAXING POWER. An authority has no power to tax.

  10. Tex. Education Code Sec. 53.32. NO POWER OF EMINENT DOMAIN. The authority does not have the power of eminent domain.

  11. Tex. Education Code Sec. 53.33. LIMITED POWER TO ACQUIRE, OWN, AND OPERATE EDUCATIONAL AND HOUSING FACILITIES.

  12. Tex. Education Code Sec. 53.331. REFINANCING FACILITIES. The authority may refinance any educational or housing facility acquired, constructed, or improved.

  13. Tex. Education Code Sec. 53.34. REVENUE BONDS.

  14. Tex. Education Code Sec. 53.35. ISSUANCE OF BONDS; PROCEDURE; ETC.

  15. Tex. Education Code Sec. 53.351. BONDS FOR OPEN-ENROLLMENT CHARTER SCHOOL FACILITIES.

  16. Tex. Education Code Sec. 53.352. LIMITATION ON LIABILITY OF CORPORATION. A director, officer, or employee of the nonprofit corporation established by the Texas Public Finance Authority under Section 53.351 is not personally liable:

  17. Tex. Education Code Sec. 53.36. BOND RESOLUTION; NOTICE; ELECTION.

  18. Tex. Education Code Sec. 53.37. JUNIOR LIEN BONDS; PARITY BONDS. Bonds constituting a junior lien on the net revenue or properties may be issued unless prohibited by the bond resolution or trust indenture. Parity bonds may be issued under conditions specified in the bond resolution or trust indenture.

  19. Tex. Education Code Sec. 53.38. RESERVES FOR OPERATING AND OTHER EXPENSES. Money for the payment of not more than two years' interest on the bonds and an amount estimated by the board to be required for operating expenses during the first year of operation may be set aside for those purposes out of the proceeds from the sale of the bonds.

  20. Tex. Education Code Sec. 53.39. REFUNDING BONDS. Bonds may be issued for the purpose of refunding outstanding bonds in the manner provided in this chapter for other bonds, and may be exchanged by the comptroller or sold and the proceeds applied in accordance with the procedure prescribed by Subchapter B or C, Chapter 1207, Government Code.

  21. Tex. Education Code Sec. 53.40. APPROVAL OF BONDS; REGISTRATION; NEGOTIABILITY.

  22. Tex. Education Code Sec. 53.41. AUTHORIZED INVESTMENTS. All bonds issued under this chapter are legal and authorized investments for all banks, savings banks, trust companies, building and loan associations, savings and loan associations, and insurance companies of all kinds and types, and for the interest and sinking funds and other public funds of any issuer. The bonds are also eligible and lawful security for all deposits of public funds of the State of Texas and of any issuer, to the extent of the value of the bonds, when accompanied by any unmatured interest coupons appurtenant to them.

  23. Tex. Education Code Sec. 53.42. INVESTMENT OF FUNDS; SECURITY. To the extent it is applicable, the law as to the security for and the investment of funds, applicable to cities, controls the investment of funds belonging to authority. The bond resolution or the indenture or both may further restrict the making of investments. The authority may invest the proceeds of its bonds, until the money is needed, in the direct obligations of or obligations unconditionally guaranteed by the United States, to the extent authorized in the bond resolution or indenture or in both.

  24. Tex. Education Code Sec. 53.43. DEPOSITORIES. The authority may select a depository or depositories according to the procedures provided by law for the selection of city depositories, or it may award its depository contract to the same depository or depositories selected by the city or cities and on the same terms.

  25. Tex. Education Code Sec. 53.44. OPERATION OF FACILITIES; RATES CHARGED; RESERVE FUNDS.

  26. Tex. Education Code Sec. 53.45. TRANSACTIONS WITH OTHER AGENCIES AND PERSONS. The authority may borrow money and accept grants from, and enter into contracts, leases, or other transactions with the United States, the State of Texas, any municipal corporation in the state, and any public or private person or corporation resident or authorized to do business in the state.

  27. Tex. Education Code Sec. 53.46. AUTHORITY EXEMPT FROM TAXATION. Because the property owned by authority will be held for educational purposes only and will be devoted exclusively to the use and benefit of the students, faculty, and staff members of an accredited institution of higher education, it is exempt from taxation of every character.

  28. Tex. Education Code Sec. 53.48. BONDS FOR AUTHORIZED CHARTER SCHOOLS. In the same manner that a corporation may issue and execute bonds or other obligations under this chapter for an institution of higher education, a corporation created under Section 53.35(b) may issue and execute bonds or other obligations to finance or refinance educational facilities to be used by an authorized charter school.

Chapter 54

  1. Tex. Education Code Sec. 54.001. DEFINITIONS. In this chapter:

  2. Tex. Education Code Sec. 54.0015. ADOPTION OF CERTAIN DEFINITIONS BY RULE. In consultation with representatives of institutions of higher education, the Texas Higher Education Coordinating Board by rule shall adopt definitions related to the resident status of students for purposes of this title and to tuition and fee exemptions and waivers for students under this chapter as necessary to ensure consistency in the application of this chapter and other related state laws and policies.

  3. Tex. Education Code Sec. 54.002. APPLICABILITY OF CHAPTER. The provisions of this chapter apply to all institutions of higher education, except that as to junior colleges this chapter applies only to the extent provided by Section 130.003(b) of this code.

  4. Tex. Education Code Sec. 54.003. TUITION AND CHARGES TO BE AUTHORIZED BY LAW. No institution of higher education may collect from students attending the institution any tuition, fee, or charge of any kind except as permitted by law, and no student may be refused admission to or discharged from any institution for the nonpayment of any tuition, fee, or charge except as permitted by law.

  5. Tex. Education Code Sec. 54.004. RETENTION AND USE OF FUNDS. All tuition, local funds, and fees collected by an institution of higher education shall be retained and expended by the institution and accounted for annually as provided in the general appropriations act.

  6. Tex. Education Code Sec. 54.005. RIGHT TO COLLECT SPECIAL FEES. The provisions of this subchapter requiring the governing board of each institution of higher education to collect tuition fees do not deprive the board of the right to collect special fees authorized by law.

  7. Tex. Education Code Sec. 54.0051. DISCLOSURE OF COURSE FEES IN COURSE CATALOG. Each institution of higher education shall include in the institution's online course catalog, for each course listed in the catalog, a description and the amount of any special course fee, including an online access fee or lab fee, to be charged specifically for the course. If the institution publishes a paper course catalog, the institution may publish any fees specifically charged for each course using the amounts charged in the most recent academic year.

  8. Tex. Education Code Sec. 54.006. REFUND OR ADJUSTMENT OF TUITION AND MANDATORY FEES FOR DROPPED COURSES AND STUDENT WITHDRAWALS.

  9. Tex. Education Code Sec. 54.0065. TUITION REBATE FOR CERTAIN UNDERGRADUATES.

  10. Tex. Education Code Sec. 54.007. OPTION TO PAY TUITION BY INSTALLMENT.

  11. Tex. Education Code Sec. 54.0071. AUTHORITY OF INSTITUTION TO PROVIDE PAYMENT OPTIONS FOR STUDENT WITH DELAYED FINANCIAL AID.

  12. Tex. Education Code Sec. 54.008. TUITION RATE SET BY GOVERNING BOARD.

  13. Tex. Education Code Sec. 54.009. INCREASE IN TUITION RATE OR FEES. An institution of higher education that sets the tuition rates and fees for a semester or summer term and permits a student to register for that semester or summer term may not increase the tuition rate or fees charged that student for that semester or summer term after the student registers regardless of whether that student has paid the tuition and fees for that semester or summer term.

  14. Tex. Education Code Sec. 54.010. REDUCTION IN TUITION.

  15. Tex. Education Code Sec. 54.011. TUITION LIMIT IN CASES OF CONCURRENT ENROLLMENT. When a student registers at more than one public institution of higher education at the same time, the student's tuition charges shall be determined in the following manner:

  16. Tex. Education Code Sec. 54.012. TUITION RATES FOR CERTAIN DOCTORAL STUDENTS. The governing board of an institution of higher education may charge a resident doctoral student who has more semester credit hours of doctoral work than allowed for purposes of state funding for the current state fiscal biennium under Section 61.059(l) tuition at the rate charged nonresident doctoral students. Tuition charged at the rate provided by this section shall be accounted for as if collected under Section 54.008.

  17. Tex. Education Code Sec. 54.014. TUITION FOR REPEATED OR EXCESSIVE UNDERGRADUATE HOURS.

  18. Tex. Education Code Sec. 54.015. BILLING AND NOTIFICATION FOR TUITION. For billing and catalogue purposes, each governing board shall accumulate all the tuition that it charges under this chapter into one tuition charge.

  19. Tex. Education Code Sec. 54.016. FIXED TUITION RATE PROGRAM FOR CERTAIN TRANSFER STUDENTS AT GENERAL ACADEMIC TEACHING INSTITUTIONS.

  20. Tex. Education Code Sec. 54.017. FIXED TUITION PRICE PLAN FOR UNDERGRADUATE STUDENTS AT CERTAIN GENERAL ACADEMIC TEACHING INSTITUTIONS.

  21. Tex. Education Code Sec. 54.0501. DEFINITIONS. In this subchapter:

  22. Tex. Education Code Sec. 54.051. TUITION RATES.

  23. Tex. Education Code Sec. 54.0513. DESIGNATED TUITION.

  24. Tex. Education Code Sec. 54.0515. LEGISLATIVE OVERSIGHT COMMITTEE ON HIGHER EDUCATION.

  25. Tex. Education Code Sec. 54.052. DETERMINATION OF RESIDENT STATUS.

  26. Tex. Education Code Sec. 54.053. INFORMATION REQUIRED TO ESTABLISH RESIDENT STATUS. A person shall submit the following information to an institution of higher education to establish resident status under this subchapter:

  27. Tex. Education Code Sec. 54.054. CONTINUING RESIDENT STATUS.

  28. Tex. Education Code Sec. 54.055. RECLASSIFICATION BASED ON ADDITIONAL OR CHANGED INFORMATION.

  29. Tex. Education Code Sec. 54.056. ERRORS IN CLASSIFICATION.

  30. Tex. Education Code Sec. 54.057. LIABILITY FOR UNPAID NONRESIDENT TUITION.

  31. Tex. Education Code Sec. 54.0601. NONRESIDENT TUITION RATES AT CERTAIN INSTITUTIONS. On the written request of the governing board of a general academic teaching institution located not more than 100 miles from the boundary of this state with another state, the Texas Higher Education Coordinating Board may set a nonresident tuition rate that is lower than the nonresident tuition rate otherwise provided by this chapter if the coordinating board determines that the lower rate is in the best interest of the institution and will not cause unreasonable harm to any other institution of higher education.

  32. Tex. Education Code Sec. 54.061. REDUCED DESIGNATED TUITION RATES FOR COURSES PROVIDED DURING OFF-PEAK HOURS AT CERTAIN INSTITUTIONS.

  33. Tex. Education Code Sec. 54.075. COORDINATING BOARD RULES; SUPPLEMENTATION OF RULES BY INSTITUTIONS LIMITED.

  34. Tex. Education Code Sec. 54.2001. CONTINUED RECEIPT OF EXEMPTIONS OR WAIVERS CONDITIONAL.

  35. Tex. Education Code Sec. 54.2002. EXEMPTIONS AND WAIVERS FOR STATE-FUNDED COURSES ONLY. Notwithstanding any other law, a mandatory or discretionary exemption or waiver from the payment of tuition or other fees under this subchapter or another provision of this code applies only to courses for which an institution of higher education receives formula funding.

  36. Tex. Education Code Sec. 54.2031. DEPENDENT CHILDREN OF RESIDENTS WHO ARE MEMBERS OF ARMED FORCES DEPLOYED ON COMBAT DUTY.

  37. Tex. Education Code Sec. 54.206. FOREIGN SERVICE OFFICERS. A foreign service officer employed by the United States Department of State and enrolled in an institution of higher education is entitled to pay the tuition and fees at the rates provided for Texas residents if the person is assigned to an office of the department of state that is located in a foreign nation that borders on this state.

  38. Tex. Education Code Sec. 54.211. FACULTY AND DEPENDENTS. A teacher or professor of an institution of higher education, and the spouse and children of such a teacher or professor, are entitled to register in an institution of higher education by paying the tuition fee and other fees or charges required for Texas residents without regard to the length of time the teacher or professor has resided in Texas. A teacher or professor of an institution of higher education and the teacher's or professor's family are entitled to the benefit of this section if the teacher or professor is employed at least one-half time on a regular monthly salary basis by an institution of higher education.

  39. Tex. Education Code Sec. 54.212. TEACHING OR RESEARCH ASSISTANT. A teaching assistant or research assistant of any institution of higher education and the spouse and children of such a teaching assistant or research assistant are entitled to register in a state institution of higher education by paying the tuition fees and other fees or charges required for Texas residents under Section 54.051 of this code, without regard to the length of time the assistant has resided in Texas, if the assistant is employed at least one-half time in a teaching or research assistant position which relates to the assistant's degree program under rules and regulations established by the employer institution.

  40. Tex. Education Code Sec. 54.213. SCHOLARSHIP STUDENT.

  41. Tex. Education Code Sec. 54.214. BIOMEDICAL RESEARCH PROGRAM; SCHOLARSHIP STUDENT. A student is entitled to pay the fees and charges required of Texas residents without regard to the length of time the student has resided in Texas if the student:

  42. Tex. Education Code Sec. 54.216. STUDENTS ENROLLED IN COURSE FOR CONCURRENT HIGH SCHOOL AND COLLEGE-LEVEL CREDIT; OPTIONAL WAIVER. The governing board of an institution of higher education may waive all or part of the tuition and fees charged by the institution for a student enrolled in a course for which the student is entitled to simultaneously receive both:

  43. Tex. Education Code Sec. 54.217. STUDENTS ENROLLED IN FULLY FUNDED COURSES; OPTIONAL WAIVER. The governing board of an institution of higher education may waive tuition and fees for students attending courses that are fully funded by federal or other sources.

  44. Tex. Education Code Sec. 54.218. DISTANCE LEARNING OR OFF-CAMPUS COURSES; OPTIONAL WAIVER. The governing board of an institution of higher education may waive a fee it is authorized to charge if the board determines that:

  45. Tex. Education Code Sec. 54.221. THE UNIVERSITY OF TEXAS SYSTEM; SCIENCE AND TECHNOLOGY DEVELOPMENT, MANAGEMENT, AND TRANSFER. To the extent provided for in an agreement authorized by Section 65.45, a person employed by the entity with whom the system enters into such an agreement, or the person's spouse or child, may pay the tuition and fees charged to residents of this state when enrolled in an institution of The University of Texas System.

  46. Tex. Education Code Sec. 54.222. ECONOMIC DEVELOPMENT AND DIVERSIFICATION.

  47. Tex. Education Code Sec. 54.223. TUITION RATES FOR OLYMPIC ATHLETES.

  48. Tex. Education Code Sec. 54.224. RESIDENT TUITION FOR STUDENTS IN MILITARY-RELATED PROGRAMS.

  49. Tex. Education Code Sec. 54.225. STUDENTS ENROLLED IN NON-SEMESTER-LENGTH DEVELOPMENTAL EDUCATION INTERVENTIONS. The governing board of an institution of higher education may exempt from the payment of tuition authorized by this chapter a student who is participating in an approved non-semester-length developmental education intervention (including course-based, non-course-based, alternative-entry/exit, and other intensive developmental education activities).

  50. Tex. Education Code Sec. 54.231. RESIDENT OF BORDERING STATE OR NATION OR PARTICIPANT IN STUDENT EXCHANGE PROGRAM: TUITION.

  51. Tex. Education Code Sec. 54.232. NATO AGREEMENT. A nonimmigrant alien who resides in this state in accordance with the Agreement between the Parties to the North Atlantic Treaty Regarding the Status of Their Forces (4 U.S.T. 1792) and the spouse or children of that alien are considered to be residents for tuition and fee purposes under this title.

  52. Tex. Education Code Sec. 54.233. ACADEMIC COMMON MARKET. The governing board of an institution of higher education shall charge nonresident students participating in the Academic Common Market and enrolled in programs designated under Section 160.07 the same amount charged resident students in such programs.

  53. Tex. Education Code Sec. 54.241. MILITARY PERSONNEL AND DEPENDENTS.

  54. Tex. Education Code Sec. 54.251. REGISTERED NURSES IN POSTGRADUATE NURSING DEGREE PROGRAMS; OPTIONAL WAIVER. An institution of higher education may permit a registered nurse authorized to practice professional nursing in Texas to register by paying the tuition fees and other fees or charges required for Texas residents under Section 54.051, without regard to the length of time the registered nurse has resided in Texas, if the registered nurse:

  55. Tex. Education Code Sec. 54.261. DESIGNATED TUITION; HARDSHIP; OPTIONAL WAIVER. A governing board may waive all or part of the tuition charged to a student under Section 54.0513 if it finds that the payment of such tuition would cause an undue economic hardship on the student.

  56. Tex. Education Code Sec. 54.262. STUDENT SERVICES FEES; OPTIONAL WAIVER. The governing board of an institution of higher education may waive all or part of any compulsory fee or fees authorized by Section 54.503 in the case of any student for whom the payment of the fee would cause an undue financial hardship, provided the number of the students to whom the waiver is granted for a semester or term does not exceed 10 percent of the institution's total enrollment for that semester or term. The board may limit accordingly the participation of a student in the activities financed by the fee so waived.

  57. Tex. Education Code Sec. 54.263. STUDENTS 55 YEARS OF AGE OR OLDER; OPTIONAL WAIVER.

  58. Tex. Education Code Sec. 54.301. HIGHEST RANKING HIGH SCHOOL GRADUATES; OPTIONAL EXEMPTION. The governing board of each institution of higher education may issue scholarships each year to the highest ranking graduate of each accredited high school of this state, exempting the graduates from the payment of tuition during both semesters of the first regular session immediately following their graduation. This exemption may be granted for any one of the first four regular sessions following the individual's graduation from high school when in the opinion of the institution's president the circumstances of an individual case, including military service, merit the action.

  59. Tex. Education Code Sec. 54.331. STUDENTS FROM OTHER NATIONS OF THE AMERICAN HEMISPHERE.

  60. Tex. Education Code Sec. 54.341. VETERANS AND OTHER MILITARY PERSONNEL; DEPENDENTS.

  61. Tex. Education Code Sec. 54.3411. PERMANENT FUND SUPPORTING MILITARY AND VETERANS EXEMPTIONS.

  62. Tex. Education Code Sec. 54.342. PRISONERS OF WAR.

  63. Tex. Education Code Sec. 54.343. CHILDREN OF PRISONERS OF WAR OR PERSONS MISSING IN ACTION.

  64. Tex. Education Code Sec. 54.345. ASSISTANCE FOR TUITION AND FEES FOR MEMBERS OF STATE MILITARY FORCES.

  65. Tex. Education Code Sec. 54.351. CHILDREN OF DISABLED FIREFIGHTERS AND LAW ENFORCEMENT OFFICERS.

  66. Tex. Education Code Sec. 54.352. DISABLED PEACE OFFICERS AND FIRE FIGHTERS.

  67. Tex. Education Code Sec. 54.353. FIREFIGHTERS ENROLLED IN FIRE SCIENCE COURSES.

  68. Tex. Education Code Sec. 54.3531. PEACE OFFICERS ENROLLED IN CERTAIN COURSES.

  69. Tex. Education Code Sec. 54.3532. PARAMEDICS ENROLLED IN CERTAIN COURSES.

  70. Tex. Education Code Sec. 54.354. EDUCATION BENEFITS FOR CERTAIN SURVIVORS.

  71. Tex. Education Code Sec. 54.355. CHILDREN OF PROFESSIONAL NURSING PROGRAM FACULTY.

  72. Tex. Education Code Sec. 54.356. PRECEPTORS FOR PROFESSIONAL NURSING EDUCATION PROGRAMS.

  73. Tex. Education Code Sec. 54.361. ONE-YEAR EXEMPTION FOR CERTAIN TANF STUDENTS. A student is exempt from the payment of tuition and fees authorized by this chapter for the first academic year in which the student enrolls at an institution of higher education if the student:

  74. Tex. Education Code Sec. 54.362. FUNDING OF EXEMPTIONS.

  75. Tex. Education Code Sec. 54.363. EDUCATIONAL AIDES.

  76. Tex. Education Code Sec. 54.364. BLIND, DEAF STUDENTS.

  77. Tex. Education Code Sec. 54.365. SENIOR CITIZENS; OPTIONAL BENEFIT.

  78. Tex. Education Code Sec. 54.366. EXEMPTIONS FOR STUDENTS UNDER CONSERVATORSHIP OF DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES.

  79. Tex. Education Code Sec. 54.367. EXEMPTIONS FOR ADOPTED STUDENTS FORMERLY IN FOSTER OR OTHER RESIDENTIAL CARE.

  80. Tex. Education Code Sec. 54.368. INTERINSTITUTIONAL ACADEMIC PROGRAMS; OPTIONAL EXEMPTION.

  81. Tex. Education Code Sec. 54.369. THE TEXAS A&M UNIVERSITY SYSTEM; NATIONAL LABORATORY OR NATIONAL LABORATORY OPERATOR EMPLOYEE OR DEPENDENT.

  82. Tex. Education Code Sec. 54.501. LABORATORY FEES.

  83. Tex. Education Code Sec. 54.5011. CHARGES AND FEES FOR CERTAIN PAYMENTS.

  84. Tex. Education Code Sec. 54.502. GENERAL DEPOSITS.

  85. Tex. Education Code Sec. 54.5021. STUDENT DEPOSIT FUND; COMPOSITION AND USES.

  86. Tex. Education Code Sec. 54.5022. INVESTMENT OF GENERAL DEPOSITS. The governing board of each institution of higher education may invest the funds received as general deposits authorized by Section 54.502 in the manner provided under either Section 51.003 or 51.0031.

  87. Tex. Education Code Sec. 54.5025. PRORATION OF FEES. Based on the length of the semester or term for which a student is enrolled, the governing board of an institution of higher education may prorate the amount of any fee charged to the student under this chapter.

  88. Tex. Education Code Sec. 54.503. STUDENT SERVICES FEES.

  89. Tex. Education Code Sec. 54.5031. STUDENT FEE ADVISORY COMMITTEE.

  90. Tex. Education Code Sec. 54.5032. STUDENT FEE ADVISORY COMMITTEE; THE TEXAS A&M UNIVERSITY SYSTEM.

  91. Tex. Education Code Sec. 54.5033. STUDENT FEE ADVISORY COMMITTEE MEETINGS OPEN TO PUBLIC.

  92. Tex. Education Code Sec. 54.5035. WAIVER OF FEES.

  93. Tex. Education Code Sec. 54.504. INCIDENTAL FEES.

  94. Tex. Education Code Sec. 54.5041. ENVIRONMENTAL SERVICE FEE.

  95. Tex. Education Code Sec. 54.505. VEHICLE REGISTRATION FEES AND OTHER FEES RELATED TO PARKING AND TRAFFIC.

  96. Tex. Education Code Sec. 54.506. FEES AND CHARGES FOR SERVICES TO THE PUBLIC; THE UNIVERSITY OF HOUSTON SYSTEM. A schedule of minimum fees and charges shall be established by the board of regents of the University of Houston System for services performed by any department of a component institution for students and the public. The schedule shall conform to the fees and charges customarily made for like services in the community. By way of example, but not as a limitation, are services of the hearing clinic, optometry clinic, reading clinic, and data processing and computing center.

  97. Tex. Education Code Sec. 54.5061. STUDENT SERVICES FEES; THE UNIVERSITY OF HOUSTON SYSTEM.

  98. Tex. Education Code Sec. 54.5062. STUDENT FEES ADVISORY COMMITTEE; THE UNIVERSITY OF HOUSTON SYSTEM.

  99. Tex. Education Code Sec. 54.507. GROUP HOSPITAL AND MEDICAL SERVICES FEES; TEXAS A&M UNIVERSITY SYSTEM.

  100. Tex. Education Code Sec. 54.508. MEDICAL SERVICES FEE; TEXAS TECH UNIVERSITY SYSTEM COMPONENTS.

  101. Tex. Education Code Sec. 54.5081. MEDICAL SERVICES FEE; UNIVERSITY OF NORTH TEXAS SYSTEM INSTITUTIONS.

  102. Tex. Education Code Sec. 54.5085. MEDICAL SERVICES FEE; TEXAS WOMAN'S UNIVERSITY SYSTEM.

  103. Tex. Education Code Sec. 54.5089. MEDICAL SERVICES FEE; TEXAS STATE UNIVERSITY SYSTEM COMPONENTS.

  104. Tex. Education Code Sec. 54.50891. MEDICAL SERVICES FEE; THE UNIVERSITY OF TEXAS SYSTEM COMPONENTS.

  105. Tex. Education Code Sec. 54.509. STUDENT RECREATION FEE; TEXAS TECH UNIVERSITY SYSTEM COMPONENTS.

  106. Tex. Education Code Sec. 54.5091. STUDENT RECREATIONAL FACILITY FEE; UNIVERSITY OF NORTH TEXAS.

  107. Tex. Education Code Sec. 54.510. STUDENT RECREATIONAL SPORTS FEE; THE UNIVERSITY OF TEXAS AT AUSTIN.

  108. Tex. Education Code Sec. 54.511. STUDENT FEES FOR BUS SERVICE; TEXAS STATE UNIVERSITY SYSTEM.

  109. Tex. Education Code Sec. 54.5111. ENVIRONMENTAL SERVICE FEE; SOUTHWEST TEXAS STATE UNIVERSITY.

  110. Tex. Education Code Sec. 54.512. SHUTTLE BUS FEE; THE UNIVERSITY OF TEXAS AT ARLINGTON.

  111. Tex. Education Code Sec. 54.5121. INTERCOLLEGIATE ATHLETIC FEE; THE UNIVERSITY OF TEXAS AT ARLINGTON.

  112. Tex. Education Code Sec. 54.5122. RECREATIONAL FACILITY FEE; THE UNIVERSITY OF TEXAS AT ARLINGTON.

  113. Tex. Education Code Sec. 54.513. STUDENT SERVICE FEES; THE UNIVERSITY OF TEXAS AT AUSTIN.

  114. Tex. Education Code Sec. 54.5131. INTERNATIONAL EDUCATION FEE; THE UNIVERSITY OF TEXAS AT AUSTIN.

  115. Tex. Education Code Sec. 54.5132. INTERNATIONAL EDUCATION FEE.

  116. Tex. Education Code Sec. 54.5133. MARTIN LUTHER KING, JR., STATUE FEE; THE UNIVERSITY OF TEXAS AT AUSTIN.

  117. Tex. Education Code Sec. 54.5134. WASHINGTON, D.C., INTERNSHIP EDUCATION FEE.

  118. Tex. Education Code Sec. 54.5135. BARBARA JORDAN AND CESAR CHAVEZ STATUES FEE; THE UNIVERSITY OF TEXAS AT AUSTIN.

  119. Tex. Education Code Sec. 54.514. STUDENT FEES ADVISORY COMMITTEE; THE UNIVERSITY OF TEXAS AT AUSTIN.

  120. Tex. Education Code Sec. 54.515. STUDENT UNION FEE.

  121. Tex. Education Code Sec. 54.519. STUDENT UNION FEE; NORTH TEXAS STATE UNIVERSITY.

  122. Tex. Education Code Sec. 54.5191. INTERCOLLEGIATE ATHLETICS FEE; UNIVERSITY OF NORTH TEXAS.

  123. Tex. Education Code Sec. 54.5192. INTERCOLLEGIATE ATHLETICS FEE; UNIVERSITY OF NORTH TEXAS AT DALLAS.

  124. Tex. Education Code Sec. 54.520. UNIVERSITY CENTER STUDENT FEE; STEPHEN F. AUSTIN STATE UNIVERSITY.

  125. Tex. Education Code Sec. 54.5201. RECREATIONAL SPORTS FEE; STEPHEN F. AUSTIN STATE UNIVERSITY.

  126. Tex. Education Code Sec. 54.5202. INTERCOLLEGIATE ATHLETICS FEE; STEPHEN F. AUSTIN STATE UNIVERSITY.

  127. Tex. Education Code Sec. 54.521. STUDENT CENTER FACILITY FEES; TEXAS A&M UNIVERSITY SYSTEM.

  128. Tex. Education Code Sec. 54.522. STUDENT CENTER FEES; TEXAS SOUTHERN UNIVERSITY.

  129. Tex. Education Code Sec. 54.5221. RECREATIONAL FACILITY FEE; TEXAS SOUTHERN UNIVERSITY.

  130. Tex. Education Code Sec. 54.5222. MEDICAL SERVICES FEE; TEXAS SOUTHERN UNIVERSITY.

  131. Tex. Education Code Sec. 54.5223. INTERCOLLEGIATE ATHLETICS FEE: TEXAS SOUTHERN UNIVERSITY.

  132. Tex. Education Code Sec. 54.523. STUDENT CENTER FEES; TEXAS STATE UNIVERSITY SYSTEM.

  133. Tex. Education Code Sec. 54.5241. STUDENT UNION FEES; TEXAS TECH UNIVERSITY SYSTEM.

  134. Tex. Education Code Sec. 54.525. FEES FOR STUDENT CENTERS; TEXAS WOMAN'S UNIVERSITY SYSTEM COMPONENTS.

  135. Tex. Education Code Sec. 54.5251. STUDENT FITNESS AND RECREATIONAL FEE; TEXAS WOMAN'S UNIVERSITY SYSTEM.

  136. Tex. Education Code Sec. 54.526. STUDENT FEES FOR UNIVERSITY CENTERS; THE UNIVERSITY OF HOUSTON.

  137. Tex. Education Code Sec. 54.527. STUDENT FEES FOR UNIVERSITY CENTER FACILITIES; THE UNIVERSITY OF HOUSTON-DOWNTOWN COLLEGE.

  138. Tex. Education Code Sec. 54.528. RECREATIONAL FACILITY FEE; THE UNIVERSITY OF HOUSTON.

  139. Tex. Education Code Sec. 54.529. STUDENT UNION FEE; THE UNIVERSITY OF TEXAS AT ARLINGTON.

  140. Tex. Education Code Sec. 54.530. STUDENT UNION FEES; THE UNIVERSITY OF TEXAS AT AUSTIN.

  141. Tex. Education Code Sec. 54.531. STUDENT UNION BUILDINGS FEES; THE UNIVERSITY OF TEXAS AT DALLAS.

  142. Tex. Education Code Sec. 54.5311. TRANSPORTATION FEE; THE UNIVERSITY OF TEXAS AT DALLAS.

  143. Tex. Education Code Sec. 54.5312. STUDENT SERVICES BUILDINGS FEE; THE UNIVERSITY OF TEXAS AT DALLAS.

  144. Tex. Education Code Sec. 54.5313. INTRAMURAL AND INTERCOLLEGIATE ATHLETICS FEE; THE UNIVERSITY OF TEXAS AT DALLAS.

  145. Tex. Education Code Sec. 54.532. STUDENT UNION BUILDING FEES; THE UNIVERSITY OF TEXAS AT SAN ANTONIO.

  146. Tex. Education Code Sec. 54.5321. TRANSPORTATION FEE; THE UNIVERSITY OF TEXAS AT SAN ANTONIO.

  147. Tex. Education Code Sec. 54.5322. INTERCOLLEGIATE ATHLETICS FEE; THE UNIVERSITY OF TEXAS AT SAN ANTONIO.

  148. Tex. Education Code Sec. 54.533. STUDENT UNION FEES; THE UNIVERSITY OF TEXAS OF THE PERMIAN BASIN.

  149. Tex. Education Code Sec. 54.5331. INTERCOLLEGIATE ATHLETIC FEE; THE UNIVERSITY OF TEXAS OF THE PERMIAN BASIN.

  150. Tex. Education Code Sec. 54.5332. FEES FOR STUDENT SERVICES BUILDING; THE UNIVERSITY OF TEXAS OF THE PERMIAN BASIN.

  151. Tex. Education Code Sec. 54.534. ARTS AND PERFORMANCE CENTER FEE; THE UNIVERSITY OF TEXAS AT TYLER.

  152. Tex. Education Code Sec. 54.5341. STUDENT RECREATIONAL FACILITY FEE; THE UNIVERSITY OF TEXAS AT TYLER.

  153. Tex. Education Code Sec. 54.5342. INTERCOLLEGIATE ATHLETICS FEE; THE UNIVERSITY OF TEXAS AT TYLER.

  154. Tex. Education Code Sec. 54.5343. STUDENT UNION FEE; THE UNIVERSITY OF TEXAS AT TYLER.

  155. Tex. Education Code Sec. 54.535. STUDENT UNION FEE; THE UNIVERSITY OF TEXAS AT EL PASO.

  156. Tex. Education Code Sec. 54.536. FEES FOR STUDENT HEALTH SERVICES BUILDING; THE UNIVERSITY OF TEXAS AT AUSTIN.

  157. Tex. Education Code Sec. 54.537. FEES FOR STUDENT SERVICES BUILDING; THE UNIVERSITY OF TEXAS AT AUSTIN.

  158. Tex. Education Code Sec. 54.5371. GREGORY GYMNASIUM RENOVATION FEE; THE UNIVERSITY OF TEXAS AT AUSTIN.

  159. Tex. Education Code Sec. 54.5372. AQUATICS CENTER FEE; THE UNIVERSITY OF TEXAS AT AUSTIN.

  160. Tex. Education Code Sec. 54.538. RECREATIONAL SPORTS FEE; TEXAS STATE UNIVERSITY SYSTEM.

  161. Tex. Education Code Sec. 54.5381. INTERCOLLEGIATE ATHLETICS FEE: CERTAIN INSTITUTIONS IN TEXAS STATE UNIVERSITY SYSTEM.

  162. Tex. Education Code Sec. 54.5382. INTERCOLLEGIATE ATHLETICS FEE: TEXAS STATE UNIVERSITY.

  163. Tex. Education Code Sec. 54.539. RECREATIONAL SPORTS FEE; THE TEXAS A&M UNIVERSITY SYSTEM.

  164. Tex. Education Code Sec. 54.5391. INTERCOLLEGIATE ATHLETICS FEE; TEXAS A&M UNIVERSITY--CORPUS CHRISTI.

  165. Tex. Education Code Sec. 54.5392. INTERCOLLEGIATE ATHLETICS FEE; TEXAS A&M UNIVERSITY--KINGSVILLE.

  166. Tex. Education Code Sec. 54.5393. INTERCOLLEGIATE ATHLETICS FEE: PRAIRIE VIEW A&M UNIVERSITY.

  167. Tex. Education Code Sec. 54.5394. INTERCOLLEGIATE ATHLETICS FEE: TARLETON STATE UNIVERSITY.

  168. Tex. Education Code Sec. 54.5395. INTERCOLLEGIATE ATHLETICS FEES; TEXAS A&M INTERNATIONAL UNIVERSITY.

  169. Tex. Education Code Sec. 54.5396. INTERCOLLEGIATE ATHLETICS FEES; WEST TEXAS A&M UNIVERSITY.

  170. Tex. Education Code Sec. 54.5397. INTERCOLLEGIATE ATHLETICS FEES; TEXAS A&M UNIVERSITY--COMMERCE.

  171. Tex. Education Code Sec. 54.53971. INTERCOLLEGIATE ATHLETICS FEES; TEXAS A&M UNIVERSITY--SAN ANTONIO.

  172. Tex. Education Code Sec. 54.53975. INTERCOLLEGIATE ATHLETICS FEES; TEXAS A&M UNIVERSITY--TEXARKANA.

  173. Tex. Education Code Sec. 54.5398. STUDENT ENDOWMENT FUND FEE; TEXAS A&M UNIVERSITY--CORPUS CHRISTI.

  174. Tex. Education Code Sec. 54.540. STUDENT CENTER FEE, UNIVERSITY OF HOUSTON-CLEAR LAKE.

  175. Tex. Education Code Sec. 54.5401. RECREATION AND WELLNESS FACILITY FEE; UNIVERSITY OF HOUSTON-CLEAR LAKE.

  176. Tex. Education Code Sec. 54.5402. WELLNESS AND SUCCESS CENTER FEE; UNIVERSITY OF HOUSTON-DOWNTOWN.

  177. Tex. Education Code Sec. 54.5405. STUDENT CENTER FEE; TEXAS A&M UNIVERSITY--VICTORIA.

  178. Tex. Education Code Sec. 54.5406. HEALTH AND WELLNESS CENTER FEE; TEXAS A&M UNIVERSITY--VICTORIA.

  179. Tex. Education Code Sec. 54.541. RECREATIONAL FACILITY FEE; THE UNIVERSITY OF TEXAS AT EL PASO.

  180. Tex. Education Code Sec. 54.542. STUDENT UNION FACILITIES FEE; THE UNIVERSITY OF TEXAS RIO GRANDE VALLEY.

  181. Tex. Education Code Sec. 54.5421. SPORTS RECREATION AND WELLNESS FACILITY FEE; THE UNIVERSITY OF TEXAS RIO GRANDE VALLEY.

  182. Tex. Education Code Sec. 54.543. RECREATIONAL FACILITY FEE; THE UNIVERSITY OF TEXAS AT SAN ANTONIO.

  183. Tex. Education Code Sec. 54.544. RECREATIONAL FACILITY FEE; THE UNIVERSITY OF TEXAS AT DALLAS.

  184. Tex. Education Code Sec. 54.545. FEES FOR CONTINUING EDUCATION COURSES.

  185. Tex. Education Code Sec. 54.551. INTERCOLLEGIATE ATHLETICS FEE; THE UNIVERSITY OF TEXAS RIO GRANDE VALLEY.

  186. Tex. Education Code Sec. 54.6001. PUBLIC PURPOSE. An educated population being necessary to the social development and economic health of this state, the legislature finds and declares it to be an urgent public necessity to assist young Texans in obtaining a higher education. Because the state's population is rapidly growing and is diverse, the state is required to use all of the higher education facilities and resources within the state, both public and private, to provide a wide variety of educational environments and instructional options and to preserve the partnership between the state and private or independent institutions of higher education and between the state and career schools and colleges, as defined by Section 132.001, that offer a two-year associate degree as approved by the Texas Higher Education Coordinating Board. Therefore, the prepaid higher education tuition program is established to help Texas students attend the institution that best meets their individual needs.

  187. Tex. Education Code Sec. 54.601. DEFINITIONS. In this subchapter:

  188. Tex. Education Code Sec. 54.602. ESTABLISHMENT OF BOARD; FUNCTION.

  189. Tex. Education Code Sec. 54.603. SUNSET PROVISION. The Prepaid Higher Education Tuition Board is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished September 1, 2035.

  190. Tex. Education Code Sec. 54.604. TERMINATION OR MODIFICATION OF PROGRAM. If the comptroller determines the program is financially infeasible, the comptroller shall notify the governor and the legislature and recommend that the program be modified or terminated.

  191. Tex. Education Code Sec. 54.605. EFFECT OF TERMINATION OF PROGRAM ON CONTRACT.

  192. Tex. Education Code Sec. 54.606. MEMBERS OF BOARD; APPOINTMENT; TERMS OF OFFICE.

  193. Tex. Education Code Sec. 54.607. DUTY IN RECOMMENDING, MAKING, OR CONFIRMING APPOINTMENTS.

  194. Tex. Education Code Sec. 54.608. RESTRICTIONS ON BOARD APPOINTMENT, MEMBERSHIP, AND EMPLOYMENT.

  195. Tex. Education Code Sec. 54.6085. PREPAID HIGHER EDUCATION TUITION BOARD ETHICS POLICY.

  196. Tex. Education Code Sec. 54.609. REMOVAL OF BOARD MEMBER.

  197. Tex. Education Code Sec. 54.610. TRAINING OF BOARD MEMBERS.

  198. Tex. Education Code Sec. 54.611. BOARD OFFICERS.

  199. Tex. Education Code Sec. 54.612. COMPENSATION AND EXPENSES OF APPOINTED BOARD MEMBERS. Appointed members of the board shall serve without pay but shall be reimbursed for their actual expenses incurred in attending meetings of the board or in performing other work of the board when that work is approved by the presiding officer of the board.

  200. Tex. Education Code Sec. 54.613. MEETINGS.

  201. Tex. Education Code Sec. 54.614. APPLICABILITY OF OPEN MEETINGS LAW AND ADMINISTRATIVE PROCEDURE LAW. The board is subject to the open meetings law, Chapter 551, Government Code, and the administrative procedure law, Chapter 2001, Government Code.

  202. Tex. Education Code Sec. 54.615. EXECUTIVE DIRECTOR; STAFF.

  203. Tex. Education Code Sec. 54.616. PROGRAM AND FACILITY ACCESSIBILITY.

  204. Tex. Education Code Sec. 54.617. PUBLIC INTEREST INFORMATION AND COMPLAINTS.

  205. Tex. Education Code Sec. 54.6175. USE OF TECHNOLOGY. The board shall implement a policy requiring the board to use appropriate technological solutions to improve the board's ability to perform its functions. The policy must ensure that the public is able to interact with the staff of the board on the Internet.

  206. Tex. Education Code Sec. 54.618. POWERS OF BOARD.

  207. Tex. Education Code Sec. 54.6181. ADVISORY COMMITTEES.

  208. Tex. Education Code Sec. 54.619. PREPAID HIGHER EDUCATION TUITION PROGRAM.

  209. Tex. Education Code Sec. 54.6195. APPLICATION FOR ENROLLMENT.

  210. Tex. Education Code Sec. 54.620. PREPAID TUITION CONTRACT.

  211. Tex. Education Code Sec. 54.621. BENEFICIARY.

  212. Tex. Education Code Sec. 54.622. TYPES OF PLANS. The board shall make prepaid tuition contracts available for the:

  213. Tex. Education Code Sec. 54.623. JUNIOR COLLEGE PLAN. Through the junior college plan, a prepaid tuition contract shall provide prepaid tuition and required fees for the beneficiary to attend a public junior college for a specified number of undergraduate credit hours not to exceed the typical number of hours required for a certificate or an associate degree awarded by a public junior college.

  214. Tex. Education Code Sec. 54.624. SENIOR COLLEGE PLAN.

  215. Tex. Education Code Sec. 54.6245. GRADUATE AND PROFESSIONAL DEGREE PLANS.

  216. Tex. Education Code Sec. 54.625. JUNIOR-SENIOR COLLEGE PLAN. Through the junior-senior college plan, a prepaid tuition contract shall provide prepaid tuition and required fees for the beneficiary to attend:

  217. Tex. Education Code Sec. 54.6251. PRIVATE COLLEGE PLAN. Through the private college plan, a prepaid tuition contract shall provide prepaid estimated average private tuition and required fees for the beneficiary to attend a private or independent institution of higher education for a specified number of undergraduate credit hours not to exceed the typical number of hours required for a baccalaureate degree awarded by a private or independent institution of higher education.

  218. Tex. Education Code Sec. 54.6252. CONTRACT FOR ADDITIONAL CREDIT HOURS.

  219. Tex. Education Code Sec. 54.626. CONTRACT PAYMENT.

  220. Tex. Education Code Sec. 54.6261. DEFERRED USE OF PREPAID CREDIT HOURS.

  221. Tex. Education Code Sec. 54.6262. APPLICATION OF UNUSED CREDIT HOURS TO GRADUATE TUITION.

  222. Tex. Education Code Sec. 54.627. CHANGE OF BENEFICIARY.

  223. Tex. Education Code Sec. 54.628. CONVERSION TO ANOTHER PLAN.

  224. Tex. Education Code Sec. 54.629. VERIFICATION UNDER OATH. The board may require a purchaser to verify under oath a request to:

  225. Tex. Education Code Sec. 54.630. PROMISE OR GUARANTEE OF ADMISSION. This subchapter is not a promise or guarantee that a beneficiary will be:

  226. Tex. Education Code Sec. 54.631. CONTRACT TERMINATION.

  227. Tex. Education Code Sec. 54.632. REFUND.

  228. Tex. Education Code Sec. 54.633. PREPAID HIGHER EDUCATION TUITION SCHOLARSHIPS FOR STUDENTS.

  229. Tex. Education Code Sec. 54.634. ESTABLISHMENT OF TRUST FUND; COLLEGE SAVINGS PLAN ACCOUNT.

  230. Tex. Education Code Sec. 54.635. COMPTROLLER.

  231. Tex. Education Code Sec. 54.636. INVESTMENT OF FUND ASSETS.

  232. Tex. Education Code Sec. 54.637. USE OF FUND ASSETS. The assets of the fund may be used only to:

  233. Tex. Education Code Sec. 54.6385. EXEMPTION FROM SECURITIES LAWS. The registration requirements of The Securities Act (Title 12, Government Code) do not apply to the sale of a prepaid tuition contract by the board or by a registered securities dealer or registered investment adviser.

  234. Tex. Education Code Sec. 54.639. EXEMPTION FROM CREDITORS' CLAIMS.

  235. Tex. Education Code Sec. 54.640. ACTUARIAL SOUNDNESS OF FUND.

  236. Tex. Education Code Sec. 54.6401. COMPLIANCE WITH LIMITS ON CONTRIBUTIONS AND WITHDRAWALS. The board shall monitor contributions to and withdrawals from the fund and any account within the fund to ensure that any applicable limits on contributions or withdrawals are not exceeded.

  237. Tex. Education Code Sec. 54.641. STATEMENT REGARDING STATUS OF PREPAID TUITION CONTRACT.

  238. Tex. Education Code Sec. 54.642. REPORTS.

  239. Tex. Education Code Sec. 54.643. CONFIDENTIALITY.

  240. Tex. Education Code Sec. 54.644. TAX EXEMPT STATUS REQUIREMENTS.

  241. Tex. Education Code Sec. 54.701. DEFINITIONS. In this subchapter:

  242. Tex. Education Code Sec. 54.702. POWERS AND DUTIES OF BOARD.

  243. Tex. Education Code Sec. 54.703. OPERATION OF PLAN; ACCOUNTS HELD IN TRUST.

  244. Tex. Education Code Sec. 54.704. SELECTION OF FINANCIAL INSTITUTION AS PLAN MANAGER.

  245. Tex. Education Code Sec. 54.705. DUTIES OF PLAN MANAGER.

  246. Tex. Education Code Sec. 54.706. CONTRACT BETWEEN BOARD AND PLAN MANAGER.

  247. Tex. Education Code Sec. 54.707. SAVINGS TRUST ACCOUNTS.

  248. Tex. Education Code Sec. 54.708. CONTRIBUTIONS AND WITHDRAWALS.

  249. Tex. Education Code Sec. 54.709. ADMINISTRATION OF ACCOUNTS.

  250. Tex. Education Code Sec. 54.710. PLAN LIMITATIONS.

  251. Tex. Education Code Sec. 54.711. NO PROMISE OF ADMISSION, ENROLLMENT, OR GRADUATION. The opening or maintenance of a savings trust account does not promise or guarantee that a beneficiary of the account will:

  252. Tex. Education Code Sec. 54.712. RESIDENCY NOT REQUIRED. A savings trust account owner or beneficiary is not required to be a resident of this state.

  253. Tex. Education Code Sec. 54.713. POLICIES FOR PROMOTION AND DISCLOSURE OF INFORMATION. The board shall adopt policies for promotion of the plan and the disclosure of plan information to savings trust account owners and beneficiaries in a manner consistent with this subchapter and the requirements of Section 529, Internal Revenue Code of 1986, as amended, to ensure that:

  254. Tex. Education Code Sec. 54.714. CONFIDENTIALITY OF RECORDS.

  255. Tex. Education Code Sec. 54.715. TERMINATION OR MODIFICATION OF PLAN. If the comptroller determines that the plan is not financially feasible, the comptroller shall notify the governor and the legislature and recommend that the board not administer a higher education savings plan or that the plan be modified or terminated.

  256. Tex. Education Code Sec. 54.716. EFFECT OF TERMINATION OF PLAN ON SAVINGS TRUST AGREEMENT. If the plan is terminated, the balance of each savings trust account shall be paid to the account owner, to the extent possible, and any unclaimed assets shall escheat to the state in accordance with general law regarding unclaimed property.

  257. Tex. Education Code Sec. 54.751. DEFINITIONS. In this subchapter:

  258. Tex. Education Code Sec. 54.752. POWERS AND DUTIES OF BOARD CONCERNING PROGRAM.

  259. Tex. Education Code Sec. 54.753. PREPAID TUITION UNITS: PURCHASE; ASSIGNED VALUE; TYPES; PRICE.

  260. Tex. Education Code Sec. 54.754. REDEMPTION OF TUITION UNITS.

  261. Tex. Education Code Sec. 54.755. PREPAID TUITION CONTRACT.

  262. Tex. Education Code Sec. 54.756. PURCHASER; BENEFICIARY.

  263. Tex. Education Code Sec. 54.757. CONTRACT PAYMENT.

  264. Tex. Education Code Sec. 54.758. DEFERRED USE OF PREPAID CREDIT HOURS.

  265. Tex. Education Code Sec. 54.759. CHANGE OF BENEFICIARY.

  266. Tex. Education Code Sec. 54.760. VERIFICATION UNDER OATH. The board may require a purchaser to verify under oath a request to:

  267. Tex. Education Code Sec. 54.761. PROMISE OR GUARANTEE OF ADMISSION. This subchapter is not a promise or guarantee that a beneficiary will be:

  268. Tex. Education Code Sec. 54.762. CONTRACT TERMINATION.

  269. Tex. Education Code Sec. 54.763. REFUND.

  270. Tex. Education Code Sec. 54.764. FUND.

  271. Tex. Education Code Sec. 54.765. COMPTROLLER'S DUTIES; TRANSFERS TO INSTITUTIONS ON REDEMPTION OF TUITION UNITS.

  272. Tex. Education Code Sec. 54.766. INVESTMENT OF FUND ASSETS.

  273. Tex. Education Code Sec. 54.767. USE OF FUND ASSETS. The assets of the fund may be used only to:

  274. Tex. Education Code Sec. 54.7671. TRANSFERS AMONG 529 PLANS.

  275. Tex. Education Code Sec. 54.768. EXEMPTION FROM SECURITIES LAWS. The registration requirements of The Securities Act (Title 12, Government Code) do not apply to the sale of a prepaid tuition contract by the board or by a registered securities dealer or registered investment adviser.

  276. Tex. Education Code Sec. 54.769. EXEMPTION FROM CREDITORS' CLAIMS.

  277. Tex. Education Code Sec. 54.770. ACTUARIAL SOUNDNESS OF FUND.

  278. Tex. Education Code Sec. 54.771. COMPLIANCE WITH LIMITS ON CONTRIBUTIONS AND WITHDRAWALS. The board shall monitor contributions to and withdrawals from the fund and any account within the fund to ensure that any applicable limits on contributions or withdrawals are not exceeded.

  279. Tex. Education Code Sec. 54.772. TAX EXEMPT STATUS REQUIREMENTS.

  280. Tex. Education Code Sec. 54.773. SUSPENSION OF NEW ENROLLMENT; PROGRAM MODIFICATION OR TERMINATION.

  281. Tex. Education Code Sec. 54.774. EFFECT OF PROGRAM TERMINATION ON CONTRACT.

  282. Tex. Education Code Sec. 54.775. CONFIDENTIALITY.

  283. Tex. Education Code Sec. 54.776. STATEMENT REGARDING STATUS OF PREPAID TUITION CONTRACT. Not later than January 31 of each year, the board shall provide without charge to each purchaser a statement of:

  284. Tex. Education Code Sec. 54.777. INFORMATION REQUIRED FOR ANNUAL REPORT.

  285. Tex. Education Code Sec. 54.778. AUDIT. The fund and the operations of the board are subject to audit by the state auditor in accordance with Chapter 321, Government Code.

  286. Tex. Education Code Sec. 54.801. DEFINITIONS. In this subchapter:

  287. Tex. Education Code Sec. 54.802. TEXAS SAVE AND MATCH PROGRAM.

  288. Tex. Education Code Sec. 54.803. INITIAL ELIGIBILITY FOR PARTICIPATION IN PROGRAM.

  289. Tex. Education Code Sec. 54.804. LIMITATIONS. A matching account established by the board or program entity on behalf of a beneficiary under this subchapter is forfeited and reverts to the board or program entity on the occurrence of any of the following:

  290. Tex. Education Code Sec. 54.805. MATCHING ACCOUNT ADMINISTRATION.

  291. Tex. Education Code Sec. 54.806. CONFIDENTIALITY.

  292. Tex. Education Code Sec. 54.807. PILOT PROJECTS UNDER PROGRAM. To fulfill the intent of the program, the board may use funds described by Section 54.802(a)(2) to establish pilot projects under the program in an effort to incentivize participation in the higher education savings program under Subchapter G and the prepaid tuition unit undergraduate education program under Subchapter H, including projects that incentivize participation by:

  293. Tex. Education Code Sec. 54.808. TEXAS SAVE AND MATCH TRUST FUND; AGREEMENTS BETWEEN BOARD AND PROGRAM ENTITY REGARDING PROGRAM ENTITY FUNDS.

  294. Tex. Education Code Sec. 54.809. RULES. The board shall adopt rules for the administration of this subchapter.

  295. Tex. Education Code Sec. 54.901. PURPOSES OF PROGRAM. The purposes of this subchapter are as follows:

  296. Tex. Education Code Sec. 54.902. DEFINITIONS. In this subchapter:

  297. Tex. Education Code Sec. 54.903. CREATION OF PROGRAM AND ACCOUNT; ADMINISTRATION.

  298. Tex. Education Code Sec. 54.904. POWERS AND DUTIES OF BOARD.

  299. Tex. Education Code Sec. 54.9045. COLLECTION OF FEES. The board shall collect administrative fees and service charges in connection with any agreement, contract, or transaction relating to the program in amounts not exceeding the amount necessary to recover the cost of establishing and maintaining the program.

  300. Tex. Education Code Sec. 54.905. INVESTMENT OF FUNDS.

  301. Tex. Education Code Sec. 54.906. TREATMENT OF ASSETS.

  302. Tex. Education Code Sec. 54.9065. EXCLUSION OF ABLE ACCOUNT ASSETS FROM CERTAIN BENEFIT ELIGIBILITY DETERMINATIONS. Notwithstanding any other provision of state law that requires consideration of the financial circumstances of an applicant for assistance or a benefit provided under that law, the agency making the determination of eligibility for the assistance or benefit may not consider the amount in the applicant's ABLE account, including earnings on that amount, and any distribution for qualified disability expenses in determining the applicant's eligibility to receive and the amount of the assistance or benefit with respect to the period during which the individual maintains the ABLE account.

  303. Tex. Education Code Sec. 54.907. EXEMPTION FROM SECURITIES LAWS. An ABLE account is not a security within the meaning of the term as defined by Section 4001.068, Government Code, and is exempt from the provisions of The Securities Act (Title 12, Government Code).

  304. Tex. Education Code Sec. 54.908. PARTICIPATION AGREEMENTS.

  305. Tex. Education Code Sec. 54.9085. ENCUMBRANCE OR TRANSFER OF ACCOUNT PROHIBITED.

  306. Tex. Education Code Sec. 54.909. USE OF FUND ASSETS. The assets of the program may only be used to:

  307. Tex. Education Code Sec. 54.910. DESIGNATED BENEFICIARY.

  308. Tex. Education Code Sec. 54.911. VERIFICATION UNDER OATH. The board may require a participant to verify under oath:

  309. Tex. Education Code Sec. 54.912. CANCELLATION.

  310. Tex. Education Code Sec. 54.913. REPORTS.

  311. Tex. Education Code Sec. 54.914. CONFIDENTIALITY OF RECORDS.

  312. Tex. Education Code Sec. 54.915. PROGRAM LIMITATIONS.

  313. Tex. Education Code Sec. 54.916. TERMINATION OR MODIFICATION OF PROGRAM.

Chapter 55

  1. Tex. Education Code Sec. 55.01. DEFINITIONS. In this chapter:

  2. Tex. Education Code Sec. 55.02. SYSTEMWIDE REVENUE FINANCING PROGRAM.

  3. Tex. Education Code Sec. 55.03. MINORITY-OWNED AND WOMEN-OWNED BUSINESSES.

  4. Tex. Education Code Sec. 55.04. CUMULATIVE EFFECT.

  5. Tex. Education Code Sec. 55.11. GENERAL AUTHORITY. Each board is authorized to acquire, purchase, construct, improve, enlarge, equip, operate, and/or maintain any property, buildings, structures, activities, services, operations, or other facilities, for and on behalf of its institution or institutions, or any branch or branches thereof.

  6. Tex. Education Code Sec. 55.111. CERTAIN ALLOCATED FUNDS TO BE DESIGNATED AS CAPITAL CONSTRUCTION ASSISTANCE PROJECTS. For purposes of this subchapter, funds allocated from the appropriation of general revenue or federal funds to an institution of higher education to supplement revenue funds of the institution described by Section 55.13(a) may be designated as "Capital Construction Assistance Projects."

  7. Tex. Education Code Sec. 55.115. HIGH-PERFORMANCE, SUSTAINABLE DESIGN, CONSTRUCTION, AND RENOVATION STANDARDS FOR CERTAIN FACILITIES.

  8. Tex. Education Code Sec. 55.12. CONTRACTS FOR JOINT CONSTRUCTION. Each board may enter into contracts with municipalities or school districts for the joint construction of museums, libraries, or other buildings.

  9. Tex. Education Code Sec. 55.13. AUTHORITY TO ISSUE REVENUE BONDS.

  10. Tex. Education Code Sec. 55.14. TERMS AND CONDITIONS.

  11. Tex. Education Code Sec. 55.15. DISPOSITION OF BOND PROCEEDS. Proceeds from the sale of the bonds may be used for paying interest on the bonds during the period of the acquisition or construction of any facilities to be provided through the issuance of the bonds, and for providing a reserve for the payment of the principal of and interest on the bonds, and such proceeds may be placed on time deposit or invested, until needed, to the extent, and in the manner provided, in the bond resolution.

  12. Tex. Education Code Sec. 55.16. BOARD RESPONSIBILITY.

  13. Tex. Education Code Sec. 55.165. OVERSIGHT OF CERTAIN CAPITAL PROJECTS.

  14. Tex. Education Code Sec. 55.17. PLEDGES; PARIETAL RULES; TYPES OF FEES; ADDITIONAL PLEDGE OF RESOURCES; ACQUISITION, ETC. OF PROPERTY; REVENUE BONDS.

  15. Tex. Education Code Sec. 55.171. SPECIFIC INSTITUTIONS.

  16. Tex. Education Code Sec. 55.1711. TEXAS A&M UNIVERSITY--CORPUS CHRISTI.

  17. Tex. Education Code Sec. 55.1712. TEXAS A&M INTERNATIONAL UNIVERSITY.

  18. Tex. Education Code Sec. 55.1713. THE TEXAS A&M UNIVERSITY SYSTEM.

  19. Tex. Education Code Sec. 55.1714. THE UNIVERSITY OF TEXAS SYSTEM.

  20. Tex. Education Code Sec. 55.1715. THE UNIVERSITY OF HOUSTON SYSTEM.

  21. Tex. Education Code Sec. 55.1716. TEXAS STATE UNIVERSITY SYSTEM.

  22. Tex. Education Code Sec. 55.1717. UNIVERSITY OF NORTH TEXAS AND TEXAS COLLEGE OF OSTEOPATHIC MEDICINE.

  23. Tex. Education Code Sec. 55.1718. TEXAS WOMAN'S UNIVERSITY SYSTEM.

  24. Tex. Education Code Sec. 55.172. THE UNIVERSITY OF TEXAS--PAN AMERICAN.

  25. Tex. Education Code Sec. 55.1721. THE TEXAS A&M UNIVERSITY SYSTEM.

  26. Tex. Education Code Sec. 55.1722. THE UNIVERSITY OF TEXAS SYSTEM.

  27. Tex. Education Code Sec. 55.1723. THE UNIVERSITY OF HOUSTON SYSTEM.

  28. Tex. Education Code Sec. 55.1724. TEXAS STATE UNIVERSITY SYSTEM.

  29. Tex. Education Code Sec. 55.1725. UNIVERSITY OF NORTH TEXAS AND UNIVERSITY OF NORTH TEXAS HEALTH SCIENCE CENTER AT FORT WORTH.

  30. Tex. Education Code Sec. 55.1726. TEXAS WOMAN'S UNIVERSITY SYSTEM.

  31. Tex. Education Code Sec. 55.1728. STEPHEN F. AUSTIN STATE UNIVERSITY.

  32. Tex. Education Code Sec. 55.1731. THE TEXAS A&M UNIVERSITY SYSTEM; ADDITIONAL BONDS.

  33. Tex. Education Code Sec. 55.1732. THE UNIVERSITY OF TEXAS SYSTEM; ADDITIONAL BONDS.

  34. Tex. Education Code Sec. 55.1733. THE UNIVERSITY OF HOUSTON SYSTEM; ADDITIONAL BONDS.

  35. Tex. Education Code Sec. 55.1734. TEXAS STATE UNIVERSITY SYSTEM; ADDITIONAL BONDS.

  36. Tex. Education Code Sec. 55.1735. UNIVERSITY OF NORTH TEXAS SYSTEM; ADDITIONAL BONDS.

  37. Tex. Education Code Sec. 55.1736. TEXAS WOMAN'S UNIVERSITY SYSTEM.

  38. Tex. Education Code Sec. 55.1738. STEPHEN F. AUSTIN STATE UNIVERSITY.

  39. Tex. Education Code Sec. 55.1739. TEXAS TECH UNIVERSITY SYSTEM; ADDITIONAL BONDS.

  40. Tex. Education Code Sec. 55.17391. TEXAS SOUTHERN UNIVERSITY; ADDITIONAL BONDS.

  41. Tex. Education Code Sec. 55.17392. TEXAS STATE TECHNICAL COLLEGE SYSTEM.

  42. Tex. Education Code Sec. 55.174. TEXAS SOUTHERN UNIVERSITY.

  43. Tex. Education Code Sec. 55.1741. THE TEXAS A&M UNIVERSITY SYSTEM; ADDITIONAL REVENUE BONDS.

  44. Tex. Education Code Sec. 55.17411. THE TEXAS A&M UNIVERSITY SYSTEM; ADDITIONAL REVENUE BONDS.

  45. Tex. Education Code Sec. 55.1742. THE UNIVERSITY OF TEXAS SYSTEM; ADDITIONAL REVENUE BONDS.

  46. Tex. Education Code Sec. 55.1743. THE UNIVERSITY OF HOUSTON SYSTEM.

  47. Tex. Education Code Sec. 55.1744. SOUTHWEST TEXAS STATE UNIVERSITY; ADDITIONAL BONDS.

  48. Tex. Education Code Sec. 55.1749. TEXAS TECH UNIVERSITY SYSTEM; ADDITIONAL REVENUE BONDS.

  49. Tex. Education Code Sec. 55.17491. TEXAS SOUTHERN UNIVERSITY; TROPICAL STORM ALLISON.

  50. Tex. Education Code Sec. 55.1751. THE TEXAS A&M UNIVERSITY SYSTEM; ADDITIONAL BONDS.

  51. Tex. Education Code Sec. 55.1752. THE UNIVERSITY OF TEXAS SYSTEM; ADDITIONAL BONDS.

  52. Tex. Education Code Sec. 55.17521. THE UNIVERSITY OF TEXAS AT DALLAS: LIMITATIONS ON CERTAIN DEBT SERVICE REIMBURSEMENT. The state may not appropriate money to reimburse The University of Texas System for debt service on long-term obligations related to the construction of a natural science and engineering research building at The University of Texas at Dallas in accordance with the economic development agreement entered into between this state and the board of regents of the system in excess of the following amounts:

  53. Tex. Education Code Sec. 55.1753. UNIVERSITY OF HOUSTON SYSTEM; ADDITIONAL BONDS.

  54. Tex. Education Code Sec. 55.1754. TEXAS STATE UNIVERSITY SYSTEM; ADDITIONAL BONDS.

  55. Tex. Education Code Sec. 55.1755. UNIVERSITY OF NORTH TEXAS SYSTEM; ADDITIONAL BONDS.

  56. Tex. Education Code Sec. 55.1756. TEXAS WOMAN'S UNIVERSITY SYSTEM.

  57. Tex. Education Code Sec. 55.1758. STEPHEN F. AUSTIN STATE UNIVERSITY.

  58. Tex. Education Code Sec. 55.1759. TEXAS TECH UNIVERSITY SYSTEM; ADDITIONAL BONDS.

  59. Tex. Education Code Sec. 55.17591. TEXAS SOUTHERN UNIVERSITY; ADDITIONAL BONDS.

  60. Tex. Education Code Sec. 55.17592. TEXAS STATE TECHNICAL COLLEGE SYSTEM.

  61. Tex. Education Code Sec. 55.1768. STEPHEN F. AUSTIN STATE UNIVERSITY; ADDITIONAL BONDS.

  62. Tex. Education Code Sec. 55.1769. ANGELO STATE UNIVERSITY.

  63. Tex. Education Code Sec. 55.1771. TEXAS A&M UNIVERSITY AT GALVESTON.

  64. Tex. Education Code Sec. 55.17721. THE UNIVERSITY OF TEXAS MEDICAL BRANCH AT GALVESTON.

  65. Tex. Education Code Sec. 55.1781. THE TEXAS A&M UNIVERSITY SYSTEM; ADDITIONAL BONDS.

  66. Tex. Education Code Sec. 55.17812. TEXAS A&M UNIVERSITY--VICTORIA.

  67. Tex. Education Code Sec. 55.1782. THE UNIVERSITY OF TEXAS SYSTEM; ADDITIONAL BONDS.

  68. Tex. Education Code Sec. 55.1783. UNIVERSITY OF HOUSTON SYSTEM; ADDITIONAL BONDS.

  69. Tex. Education Code Sec. 55.1784. TEXAS STATE UNIVERSITY SYSTEM; ADDITIONAL BONDS.

  70. Tex. Education Code Sec. 55.1785. UNIVERSITY OF NORTH TEXAS SYSTEM; ADDITIONAL BONDS.

  71. Tex. Education Code Sec. 55.1786. TEXAS WOMAN'S UNIVERSITY SYSTEM.

  72. Tex. Education Code Sec. 55.1788. STEPHEN F. AUSTIN STATE UNIVERSITY.

  73. Tex. Education Code Sec. 55.1789. TEXAS TECH UNIVERSITY SYSTEM; ADDITIONAL BONDS.

  74. Tex. Education Code Sec. 55.17891. TEXAS SOUTHERN UNIVERSITY; ADDITIONAL BONDS.

  75. Tex. Education Code Sec. 55.17892. TEXAS STATE TECHNICAL COLLEGE SYSTEM.

  76. Tex. Education Code Sec. 55.17893. MIDWESTERN STATE UNIVERSITY.

  77. Tex. Education Code Sec. 55.1791. THE TEXAS A&M UNIVERSITY SYSTEM; ADDITIONAL BONDS.

  78. Tex. Education Code Sec. 55.1792. THE UNIVERSITY OF TEXAS SYSTEM; ADDITIONAL BONDS.

  79. Tex. Education Code Sec. 55.1793. UNIVERSITY OF HOUSTON SYSTEM; ADDITIONAL BONDS.

  80. Tex. Education Code Sec. 55.1794. TEXAS STATE UNIVERSITY SYSTEM; ADDITIONAL BONDS.

  81. Tex. Education Code Sec. 55.1795. UNIVERSITY OF NORTH TEXAS SYSTEM; ADDITIONAL BONDS.

  82. Tex. Education Code Sec. 55.1796. TEXAS WOMAN'S UNIVERSITY; ADDITIONAL BONDS.

  83. Tex. Education Code Sec. 55.1797. STEPHEN F. AUSTIN STATE UNIVERSITY; ADDITIONAL BONDS.

  84. Tex. Education Code Sec. 55.1798. TEXAS TECH UNIVERSITY SYSTEM; ADDITIONAL BONDS.

  85. Tex. Education Code Sec. 55.1799. TEXAS SOUTHERN UNIVERSITY; ADDITIONAL BONDS.

  86. Tex. Education Code Sec. 55.17991. TEXAS STATE TECHNICAL COLLEGE SYSTEM.

  87. Tex. Education Code Sec. 55.18. BONDS NOT OBLIGATIONS OF THE STATE. Bonds issued by a board are payable solely from the revenues, income, receipts, or other resources of the board, as provided in this subchapter, and such bonds shall never be an obligation of the State of Texas.

  88. Tex. Education Code Sec. 55.19. REFUNDING BONDS. Any bonds or notes at any time issued by a board may be refunded or otherwise refinanced by the issuance by the board of refunding bonds for such purpose, under such terms, conditions, and details as may be determined by resolution of the board. All pertinent and appropriate provisions of this subchapter shall be applicable to such refunding bonds, and they shall be issued in the manner provided herein for other bonds authorized under this subchapter; provided that such refunding bonds may be sold and delivered in amounts necessary to pay the principal, interest, and redemption premium, if any, of bonds or notes to be funded or refunded, at maturity or on any redemption date. Also, such refunding bonds may be issued to be exchanged for the bonds or notes being refunded thereby. In the latter case, the Comptroller of Public Accounts of the State of Texas shall register the refunding bonds and deliver the same to the holder or holders of the bonds or notes being refunded thereby, in accordance with the provisions of the resolution authorizing the refunding bonds; and any such exchange may be made in one delivery, or in several installment deliveries. Bonds issued at any time by a board also may be refunded in the manner provided by any other applicable law.

  89. Tex. Education Code Sec. 55.20. APPROVAL AND REGISTRATION OF BONDS. All bonds issued by any board, and the appropriate proceedings authorizing their issuance, shall be submitted to the Attorney General of the State of Texas for examination. If he finds that such bonds have been authorized in accordance with law he shall approve them, and thereupon they shall be registered by the comptroller; and after such approval and registration such bonds shall be incontestable in any court, or other forum, for any reason, and shall be valid and binding obligations in accordance with their terms for all purposes.

  90. Tex. Education Code Sec. 55.21. BONDS ARE AUTHORIZED INVESTMENTS AND SECURITY FOR DEPOSITS. All bonds issued by any board are legal and authorized investments for all banks, trust companies, building and loan associations, savings and loan associations, insurance companies of all kinds and types, fiduciaries, trustees, and guardians, and for all interest and sinking funds and other public funds of the State of Texas, and for all agencies, subdivisions, and instrumentalities thereof, including all counties, cities, towns, villages, school districts, and for all other kinds and types of districts, public agencies, and bodies politic. Said bonds also shall be eligible and lawful security for all deposits of public funds of the State of Texas and all agencies, subdivisions, and instrumentalities thereof, including all counties, cities, towns, villages, school districts, and all other kinds and types of districts, public agencies, and bodies politic, to the extent of the market value of said bonds, when accompanied by any unmatured interest coupons appurtenant thereto.

  91. Tex. Education Code Sec. 55.22. VALIDATION OF BONDS AND PROCEEDINGS. All revenue bonds heretofore approved by the attorney general and registered by the comptroller, which were issued, sold, and delivered by any board, and which are payable from or secured by a pledge of any revenues, income, receipts, or other resources of such board, are hereby validated in all respects, together with all proceedings authorizing the issuance thereof, and said bonds and proceedings are and shall be valid and binding obligations in accordance with their terms and conditions for all purposes, as though they had been duly and legally issued and authorized originally.

  92. Tex. Education Code Sec. 55.23. CUMULATIVE EFFECT OF SUBCHAPTER. This subchapter shall be cumulative of all other law on the subject, but this subchapter shall be wholly sufficient authority within itself for the issuance of the bonds and the performance of the other acts and procedures authorized hereby, without reference to any other law or any restrictions or limitations contained therein, except as herein specifically provided; and when any bonds are being issued under this subchapter, then to the extent of any conflict or inconsistency between any provisions of this subchapter and any provision of any other law, the provisions of this subchapter shall prevail and control; provided, however, that any board shall have the right to use the provisions of any other laws, not in conflict with the provisions hereof, to the extent convenient or necessary to carry out any power or authority, express or implied, granted by this subchapter.

  93. Tex. Education Code Sec. 55.24. PLEDGES UNDER PREVIOUS LAWS TO REMAIN IN EFFECT.

  94. Tex. Education Code Sec. 55.25. APPLICABILITY OF OTHER LAW; CONFLICTS. Chapters 1201, 1202, 1204, and 1371, Government Code, apply to all bonds issued pursuant to this chapter; provided, however, that in the event of any conflict between such laws and this chapter, the provisions of this chapter prevail.

  95. Tex. Education Code Sec. 55.41. REFUNDING BONDS. The governing board of any institution which has heretofore issued or which hereafter issues bonds or notes pursuant to the authority of Article VII, Section 17, of the Texas Constitution, as amended, may issue refunding bonds to refinance or refund any or all of the bonds or notes by the issuance of its refunding bonds; and the governing board may pledge all or any part of the funds allotted pursuant to that section of the constitution to any institution governed by the board to secure the refunding bonds issued pursuant to this section. The refunding bonds shall be issued in the amounts, and bear interest at the rates, determined by the governing board, provided that such interest rates shall not exceed any constitutional limit; and shall mature serially or otherwise in not more than 10 years. The refunding bonds shall be examined and approved by the attorney general, and when so approved shall be incontestable, and all bonds shall be registered by the comptroller of public accounts. The refunding bonds may be exchanged for bonds or notes issued pursuant to the section of the constitution or may be sold and the proceeds used to call and redeem the outstanding bonds and notes.

Chapter 56

  1. Tex. Education Code Sec. 56.001. SHORT TITLE. This Chapter may be cited as the Student Financial Assistance Act of 1975.

  2. Tex. Education Code Sec. 56.002. DECLARATION OF POLICY. The legislature, giving due consideration to the historical and continuing interest of the people of the State of Texas in encouraging deserving and qualified persons to realize their aspirations for education beyond high school finds and declares that postsecondary education for those who desire such an education and are properly qualified therefor is important to the welfare and security of this state and the nation and, consequently, is an important public purpose. The legislature finds and declares that the state can achieve its full economic and social potential only if every individual has the opportunity to contribute to the full extent of his capabilities and only when financial barriers to his economic, social, and educational goals are removed. It is, therefore, the policy of the legislature and the purpose of this Chapter to establish financial assistance programs to enable qualified students to receive a postsecondary education.

  3. Tex. Education Code Sec. 56.003. DEFINITIONS. In this Chapter:

  4. Tex. Education Code Sec. 56.0035. RULES.

  5. Tex. Education Code Sec. 56.004. FILING FEES IN SUITS TO COLLECT DELINQUENT STUDENT LOANS. Notwithstanding any other law, if an institution of higher education brings suit to collect or enforce the repayment of a delinquent student loan, the institution is required to pay in advance one-half of the applicable filing fee and other costs payable in advance to the clerk of the court. If the defaulting borrower prevails in the suit, the institution shall pay the remaining one-half of the filing fee and costs on the date of the final disposition of the suit. If the institution prevails in the suit:

  6. Tex. Education Code Sec. 56.006. EMPLOYEE TRAINED IN STUDENT FINANCIAL ASSISTANCE PROGRAMS FOR VETERANS AND FAMILIES.

  7. Tex. Education Code Sec. 56.0065. STUDENT FINANCIAL ASSISTANCE PROGRAMS FOR VETERANS AND FAMILIES; EQUAL PROTECTION.

  8. Tex. Education Code Sec. 56.007. EXCLUSION OF ASSETS IN PREPAID TUITION PROGRAMS AND HIGHER EDUCATION SAVINGS PLANS.

  9. Tex. Education Code Sec. 56.008. PRIORITY DEADLINE FOR STUDENT FINANCIAL ASSISTANCE.

  10. Tex. Education Code Sec. 56.009. ELIGIBILITY BASED ON GRADUATION UNDER CERTAIN HIGH SCHOOL PROGRAMS. To the extent that a person's eligibility to participate in any program under this chapter, including Subchapters K, Q, and R, is contingent on the person graduating under the recommended or advanced high school program, as those programs existed before the adoption of H.B. No. 5, 83rd Legislature, Regular Session, 2013, the Texas Higher Education Coordinating Board and the commissioner of education shall jointly adopt rules to modify, clarify, or otherwise establish for affected programs appropriate eligibility requirements regarding high school curriculum completion.

  11. Tex. Education Code Sec. 56.0092. TEXAS B-ON-TIME STUDENT LOAN ACCOUNT; FORMER LOAN PROGRAM CONTINUED IN EFFECT FOR CERTAIN ACADEMIC YEARS ONLY.

  12. Tex. Education Code Sec. 56.0094. FINANCIAL AID DISPLACEMENT.

  13. Tex. Education Code Sec. 56.011. RESIDENT UNDERGRADUATE STUDENT ASSISTANCE.

  14. Tex. Education Code Sec. 56.012. RESIDENT GRADUATE STUDENT ASSISTANCE.

  15. Tex. Education Code Sec. 56.013. INFORMATION REGARDING FINANCIAL ASSISTANCE FUNDED FROM DESIGNATED TUITION. The Texas Higher Education Coordinating Board shall post on the coordinating board's Internet website and disseminate to each public or accredited private high school in this state information regarding the financial assistance available under this subchapter and shall include information designed to educate high school students and the parents of those students on available opportunities and required preparation with respect to institutions of higher education. The coordinating board shall recommend a method of delivery of the information to parents and students under this section.

  16. Tex. Education Code Sec. 56.014. NOTICE TO STUDENTS REGARDING TUITION SET ASIDE FOR FINANCIAL ASSISTANCE.

  17. Tex. Education Code Sec. 56.031. SHORT TITLE. The grant program authorized by this subsection shall be cited as the Texas Public Educational Grants Program and individual grants awarded pursuant to this program shall be cited as Texas Public Educational Grants.

  18. Tex. Education Code Sec. 56.032. PURPOSE. The purpose of this subchapter is to provide a program to supply grants of money to students attending institutions of higher education in Texas whose educational costs are not met in whole or in part from other sources and to provide institutions of higher education with funds to supplement and add flexibility to existing financial aid programs.

  19. Tex. Education Code Sec. 56.033. SOURCE OF PROGRAM FUNDING.

  20. Tex. Education Code Sec. 56.034. GUIDELINES FOR DETERMINING ELIGIBILITY AND AWARDING GRANTS.

  21. Tex. Education Code Sec. 56.035. TYPE OF GRANTS TO BE AWARDED. Texas Public Educational Grants shall not be awarded for any specific purpose other than meeting all or part of a student's demonstrated financial need.

  22. Tex. Education Code Sec. 56.036. TRANSFER OF GRANT FUNDS FOR USE AS MATCHING FUNDS. Each institution of higher education is authorized to transfer any or all of the funds set aside for the Texas Public Educational Grant Program to the coordinating board to be used for matching federal or other grant funds for awarding to students attending that institution. Said scholarship fund transferred to the coordinating board and all matching funds may be expended by the coordinating board for awarding scholarships as provided herein and in the general appropriation acts of the legislature.

  23. Tex. Education Code Sec. 56.037. PRIORITIES IN AWARDING MATCHING FUNDS. In awarding matching funds to be used in conjunction with Texas Public Educational Grants, the coordinating board shall give first priority to those institutions and students showing the highest amount of financial need.

  24. Tex. Education Code Sec. 56.038. RESTRICTIONS AND RETURN OF TRANSFERRED FUNDS. The coordinating board may not use funds transferred to it pursuant to this subchapter from one institution to award grants to students of a different institution. Should matching funds be unavailable for an institution, all funds transferred from that institution to the coordinating board shall be returned to that institution.

  25. Tex. Education Code Sec. 56.039. FULL USE OF FUNDS. At the end of a fiscal year, if the total amount of unencumbered funds that have been set aside under this subchapter by an institution of higher education, together with the total amount of unencumbered funds transferred by that institution to the Coordinating Board, Texas College and University System, exceeds 150 percent of the amount of funds set aside by that institution in that fiscal year, the institution shall transfer the excess amount to the coordinating board. The coordinating board shall use funds transferred under this section to award grants under Subchapter M.

  26. Tex. Education Code Sec. 56.051. EMERGENCY LOANS. Each institution of higher education may establish an emergency loan program under which students are loaned money to pay tuition, fees, and the costs of textbooks.

  27. Tex. Education Code Sec. 56.052. ELIGIBILITY.

  28. Tex. Education Code Sec. 56.053. TERMS.

  29. Tex. Education Code Sec. 56.054. SOURCE OF PROGRAM FUNDING. The loans shall be made from the funds set aside for that purpose under Section 56.033 of this code.

  30. Tex. Education Code Sec. 56.055. DEFERRED REPAYMENT.

  31. Tex. Education Code Sec. 56.071. PROGRAM NAME. The student financial assistance program authorized by this subchapter shall be known as the Texas college work-study program.

  32. Tex. Education Code Sec. 56.072. PURPOSE. The purpose of this subchapter is to provide eligible, financially needy students with jobs, funded in part by the State of Texas, to enable those students to attend eligible institutions of higher education, public or private, in Texas.

  33. Tex. Education Code Sec. 56.073. ADMINISTRATIVE AUTHORITY.

  34. Tex. Education Code Sec. 56.074. ELIGIBLE INSTITUTION; PARTICIPATION REQUIREMENTS.

  35. Tex. Education Code Sec. 56.075. ELIGIBLE STUDENT.

  36. Tex. Education Code Sec. 56.076. ELIGIBLE EMPLOYER.

  37. Tex. Education Code Sec. 56.077. ADOPTION AND DISTRIBUTION OF RULES.

  38. Tex. Education Code Sec. 56.078. FUNDING. Funding to cover the state's contribution toward the funding of the work-study program under this subchapter and the Texas WORKS internship program under Subchapter E-1 is payable from funds appropriated for that purpose.

  39. Tex. Education Code Sec. 56.079. WORK-STUDY STUDENT MENTORSHIP PROGRAM.

  40. Tex. Education Code Sec. 56.080. ONLINE LIST OF WORK-STUDY EMPLOYMENT OPPORTUNITIES. Each institution of higher education shall:

  41. Tex. Education Code Sec. 56.082. ANNUAL REPORT. Not later than January 1 of each year, the Texas Higher Education Coordinating Board shall submit to the governor, the lieutenant governor, the speaker of the house of representatives, and the standing legislative committees with primary jurisdiction over higher education and post on the coordinating board's Internet website a report on the Texas college work-study program and the Texas WORKS internship program under Subchapter E-l. The report must include the total number of students employed through the programs, disaggregated by:

  42. Tex. Education Code Sec. 56.0851. DEFINITIONS. In this subchapter:

  43. Tex. Education Code Sec. 56.0852. PROGRAM NAME. The student financial assistance program authorized by this subchapter is the Texas Working Off-Campus: Reinforcing Knowledge and Skills

  44. Tex. Education Code Sec. 56.0853. PURPOSE. The purpose of the program is to provide jobs funded in part by the State of Texas to enable students employed through the program to attend public or private institutions of higher education in Texas while exploring career options and strengthening marketable skills.

  45. Tex. Education Code Sec. 56.0854. ADMINISTRATION.

  46. Tex. Education Code Sec. 56.0855. ELIGIBLE EMPLOYER.

  47. Tex. Education Code Sec. 56.0856. ADOPTION OF RULES.

  48. Tex. Education Code Sec. 56.0857. ONLINE LIST OF TEXAS WORKS EMPLOYMENT OPPORTUNITIES. The coordinating board shall:

  49. Tex. Education Code Sec. 56.091. ESTABLISHMENT; ADMINISTRATION.

  50. Tex. Education Code Sec. 56.092. ELIGIBILITY. To be eligible for loan repayment assistance under the doctoral incentive loan repayment program, an individual must:

  51. Tex. Education Code Sec. 56.093. ELIGIBLE LOANS. The coordinating board may provide repayment assistance under the doctoral incentive loan repayment program for the repayment of any education loan received by an eligible individual through any lender.

  52. Tex. Education Code Sec. 56.094. LOAN REPAYMENT ASSISTANCE.

  53. Tex. Education Code Sec. 56.095. FUNDING; LIMITATION ON FUNDING.

  54. Tex. Education Code Sec. 56.101. DEFINITIONS. In this subchapter:

  55. Tex. Education Code Sec. 56.102. ADMINISTRATION OF PROGRAM. The Texas Animal Health Commission shall administer the program in accordance with the rules adopted by the committee.

  56. Tex. Education Code Sec. 56.103. RURAL VETERINARIAN INCENTIVE PROGRAM COMMITTEE; RULES.

  57. Tex. Education Code Sec. 56.104. ELIGIBLE VETERINARY STUDENT OR GRADUATE.

  58. Tex. Education Code Sec. 56.105. RURAL SPONSORS; AGREEMENT TO PROVIDE FINANCIAL SUPPORT.

  59. Tex. Education Code Sec. 56.106. FINANCIAL SUPPORT; COMMITMENT TO PRACTICE IN RURAL COUNTY.

  60. Tex. Education Code Sec. 56.121. PURPOSE. The purpose of this subchapter is to provide loans to qualified students to enable those students to attend institutions of higher education.

  61. Tex. Education Code Sec. 56.122. DEFINITIONS. In this subchapter:

  62. Tex. Education Code Sec. 56.123. CREATION.

  63. Tex. Education Code Sec. 56.124. ADMINISTRATION.

  64. Tex. Education Code Sec. 56.125. LOANS FROM FUND.

  65. Tex. Education Code Sec. 56.126. REVENUE BONDS.

  66. Tex. Education Code Sec. 56.127. REFUNDING BONDS. The board may by resolution authorize the issuance of refunding bonds. The board may issue refunding bonds in the manner and for the purposes provided by law.

  67. Tex. Education Code Sec. 56.128. AMOUNT OF BONDS. The total amount of revenue and refunding bonds issued by the board in a state fiscal year may not exceed $75 million.

  68. Tex. Education Code Sec. 56.129. INTEREST RATE. The revenue bonds or refunding bonds must bear interest at a rate not to exceed the rate provided by Chapter 1204, Government Code.

  69. Tex. Education Code Sec. 56.130. MATURITY. Bonds issued under this subchapter may mature serially or otherwise not later than the 40th year after the date of their issuance.

  70. Tex. Education Code Sec. 56.131. EXECUTION OF BONDS. The commissioner of higher education shall execute bonds issued under this subchapter in the name of the board.

  71. Tex. Education Code Sec. 56.132. APPROVAL AND REGISTRATION OF BONDS.

  72. Tex. Education Code Sec. 56.133. REPLACEMENT OF BOND. The board may provide for the replacement of a bond issued under this subchapter that is mutilated, lost, or destroyed.

  73. Tex. Education Code Sec. 56.134. PROCEEDS.

  74. Tex. Education Code Sec. 56.135. LIMITATION OF AUTHORITY. The board may not further issue bonds under this subchapter after the date on which a constitutional amendment relating to the issuance of general obligation bonds by the board for the purposes of student loans is approved by the voters.

  75. Tex. Education Code Sec. 56.141. DEFINITIONS. In this subchapter:

  76. Tex. Education Code Sec. 56.142. ESTABLISHMENT; ADMINISTRATION.

  77. Tex. Education Code Sec. 56.143. ELIGIBLE STUDENT.

  78. Tex. Education Code Sec. 56.144. AMOUNT AND PAYMENT OF CONDITIONAL GRANTS.

  79. Tex. Education Code Sec. 56.145. REPAYMENT OF CONDITIONAL GRANT.

  80. Tex. Education Code Sec. 56.147. FUNDING.

  81. Tex. Education Code Sec. 56.161. DEFINITIONS. In this subchapter:

  82. Tex. Education Code Sec. 56.162. ESTABLISHMENT; ADMINISTRATION.

  83. Tex. Education Code Sec. 56.163. ELIGIBILITY.

  84. Tex. Education Code Sec. 56.164. TUITION CHARGED CERTAIN NONRESIDENT LOAN RECIPIENTS. If a loan recipient is a resident of another state that has a program that is similar to the program under this subchapter and the loan recipient enrolls at an institution of higher education, as defined by Section 61.003 of this code, the institution may charge the loan recipient only the tuition required for resident students under Subchapter B, Chapter 54, of this code.

  85. Tex. Education Code Sec. 56.165. LOAN DISBURSEMENT.

  86. Tex. Education Code Sec. 56.166. TERMS OF LOAN.

  87. Tex. Education Code Sec. 56.167. MENTORS. The institution at which a student who receives a loan is enrolled shall provide the student with a mentor who is a faculty member at the institution to assist the student in pursuing a master's or doctoral degree.

  88. Tex. Education Code Sec. 56.168. POSTDOCTORAL FELLOWSHIP.

  89. Tex. Education Code Sec. 56.169. LOAN SUSPENSION AND FORGIVENESS.

  90. Tex. Education Code Sec. 56.170. CONDITIONAL GUARANTY. A conditional guaranty of a loan under Section 56.165(a) of this code must provide that the board shall repay the lending institution to which the guaranty is executed the amount of the loan that the board would be required to forgive under Section 56.169 of this code if the loan had been made by the board.

  91. Tex. Education Code Sec. 56.171. FUNDING.

  92. Tex. Education Code Sec. 56.221. DEFINITIONS. In this subchapter:

  93. Tex. Education Code Sec. 56.222. PURPOSE. The purpose of the program, in conjunction with the Texas Early High School Completion Program established under Section 28.0253, is to promote efficiency in the state public education system and incentivize the enrollment of high performing students at eligible institutions.

  94. Tex. Education Code Sec. 56.223. ELIGIBILITY. To be eligible for an award under the program, a student must:

  95. Tex. Education Code Sec. 56.224. ENTITLEMENT; CALCULATION OF AID; EXPIRATION.

  96. Tex. Education Code Sec. 56.225. APPLICATION OF SCHOLARSHIP. On enrollment of an eligible student at an eligible institution, the institution shall apply to the student's charges for tuition, mandatory fees, and other costs of attendance for the enrollment period an amount equal to the lesser of:

  97. Tex. Education Code Sec. 56.226. PAYMENT OF STATE CREDIT.

  98. Tex. Education Code Sec. 56.227. RULES. The coordinating board may adopt rules necessary to implement this subchapter.

  99. Tex. Education Code Sec. 56.241. DEFINITION. In this subchapter, "general academic teaching institution" has the meaning assigned by Section 61.003.

  100. Tex. Education Code Sec. 56.242. STUDENT ENDOWMENT SCHOLARSHIP AND INTERNSHIP PROGRAM. The Student Endowment Scholarship and Internship Program is an optional state grant program for all general academic teaching institutions.

  101. Tex. Education Code Sec. 56.243. ELECTION TO PARTICIPATE. A general academic teaching institution may elect to participate in the Student Endowment Scholarship and Internship Program. For the institution to make the election, the student government of the institution must determine by official action that the program would benefit the institution. If the student government determines that the program would benefit the institution, in a general election called for that purpose a majority of the students of the institution voting in the election must approve an additional fee and the potential matching grant from the state. If the majority approves the additional fee and potential matching grant from the state, the governing board of the institution shall impose and decide the structure of the additional fee.

  102. Tex. Education Code Sec. 56.244. TYPES OF SCHOLARSHIPS; INTERNSHIP. A general academic teaching institution shall provide financial assistance under this subchapter through scholarships based on leadership, financial need, and academic achievement and through an internship program.

  103. Tex. Education Code Sec. 56.245. ELIGIBILITY.

  104. Tex. Education Code Sec. 56.246. AMOUNT OF SCHOLARSHIP OR INTERNSHIP FUNDING.

  105. Tex. Education Code Sec. 56.247. STUDENT ENDOWMENT FUND.

  106. Tex. Education Code Sec. 56.301. DEFINITIONS. In this subchapter:

  107. Tex. Education Code Sec. 56.302. PROGRAM NAME; PURPOSE.

  108. Tex. Education Code Sec. 56.303. ADMINISTRATION OF PROGRAM.

  109. Tex. Education Code Sec. 56.304. INITIAL ELIGIBILITY FOR GRANT.

  110. Tex. Education Code Sec. 56.3041. INITIAL ELIGIBILITY OF PERSON GRADUATING FROM HIGH SCHOOL ON OR AFTER MAY 1, 2013.

  111. Tex. Education Code Sec. 56.3042. INITIAL QUALIFICATION OF PERSON ON TRACK TO MEET ELIGIBILITY REQUIREMENTS.

  112. Tex. Education Code Sec. 56.3045. TOLLING OF ELIGIBILITY FOR INITIAL AWARD.

  113. Tex. Education Code Sec. 56.305. CONTINUING ELIGIBILITY AND ACADEMIC PERFORMANCE REQUIREMENTS.

  114. Tex. Education Code Sec. 56.306. GRANT USE. A person receiving a TEXAS grant may use the money to pay any usual and customary cost of attendance at an eligible institution incurred by the student. The institution may disburse all or part of the proceeds of a TEXAS grant directly to an eligible person only if the tuition and required fees incurred by the person at the institution have been paid.

  115. Tex. Education Code Sec. 56.307. GRANT AMOUNT.

  116. Tex. Education Code Sec. 56.3071. EFFECT OF ELIGIBILITY FOR TUITION EQUALIZATION GRANT.

  117. Tex. Education Code Sec. 56.3075. HEALTH CARE PROFESSION STUDENT GRANT.

  118. Tex. Education Code Sec. 56.308. NOTIFICATION OF PROGRAM; RESPONSIBILITIES OF SCHOOL DISTRICTS.

  119. Tex. Education Code Sec. 56.310. FUNDING.

  120. Tex. Education Code Sec. 56.311. LEGISLATIVE OVERSIGHT COMMITTEE.

  121. Tex. Education Code Sec. 56.351. DEFINITION. In this subchapter, "coordinating board" means the Texas Higher Education Coordinating Board.

  122. Tex. Education Code Sec. 56.352. PURPOSE OF PROGRAM; LOAN REPAYMENT AUTHORIZED.

  123. Tex. Education Code Sec. 56.353. ELIGIBILITY.

  124. Tex. Education Code Sec. 56.354. ELIGIBLE LOANS.

  125. Tex. Education Code Sec. 56.355. PAYMENT OF ASSISTANCE.

  126. Tex. Education Code Sec. 56.357. TEACH FOR TEXAS ALTERNATIVE CERTIFICATION ASSISTANCE PROGRAM.

  127. Tex. Education Code Sec. 56.3575. ADMINISTRATION; RULES.

  128. Tex. Education Code Sec. 56.358. FUNDING; ALLOCATION OF FUNDING.

  129. Tex. Education Code Sec. 56.359. GRANTS AND SERVICE AGREEMENTS ENTERED INTO UNDER FORMER LAW; SAVING PROVISION.

  130. Tex. Education Code Sec. 56.401. DEFINITIONS. In this subchapter:

  131. Tex. Education Code Sec. 56.402. PROGRAM NAME; PURPOSE.

  132. Tex. Education Code Sec. 56.403. ADMINISTRATION OF PROGRAM.

  133. Tex. Education Code Sec. 56.404. INITIAL ELIGIBILITY FOR GRANT.

  134. Tex. Education Code Sec. 56.405. CONTINUING ELIGIBILITY AND ACADEMIC PERFORMANCE REQUIREMENTS.

  135. Tex. Education Code Sec. 56.406. GRANT USE. A person receiving a grant under this subchapter may use the money to pay any usual and customary cost of attendance at an eligible institution incurred by the student. The institution may disburse all or part of the proceeds of a grant under this subchapter to an eligible person only if the tuition and required fees incurred by the person at the institution have been paid.

  136. Tex. Education Code Sec. 56.407. GRANT AMOUNT.

  137. Tex. Education Code Sec. 56.4075. HEALTH CARE PROFESSION STUDENT GRANT.

  138. Tex. Education Code Sec. 56.481. PURPOSE. The purpose of this program is to encourage attendance at public institutions of higher education in this state by outstanding high school students in the top 10 percent of their graduating class.

  139. Tex. Education Code Sec. 56.482. DEFINITIONS. In this subchapter:

  140. Tex. Education Code Sec. 56.483. AWARD OF SCHOLARSHIP.

  141. Tex. Education Code Sec. 56.484. INITIAL ELIGIBILITY FOR SCHOLARSHIP.

  142. Tex. Education Code Sec. 56.485. INELIGIBILITY FOR SCHOLARSHIP. Notwithstanding Section 56.484, a student is not eligible for an initial or subsequent scholarship under this subchapter if the student was offered admission as a first-time freshman student to any institution of higher education for an academic year for which that institution made admissions under Section 51.803(a-1), regardless of whether the student subsequently enrolls at that institution.

  143. Tex. Education Code Sec. 56.486. AMOUNT OF SCHOLARSHIP.

  144. Tex. Education Code Sec. 56.487. APPLICATION PROCEDURE.

  145. Tex. Education Code Sec. 56.488. CONTINUING ELIGIBILITY FOR SCHOLARSHIP.

  146. Tex. Education Code Sec. 56.489. SATISFACTORY ACADEMIC PROGRESS. For each academic year in which a student receives one or more scholarships under the program, the student must:

  147. Tex. Education Code Sec. 56.490. EXCEPTION FOR HARDSHIP OR OTHER GOOD CAUSE.

  148. Tex. Education Code Sec. 56.491. PUBLICATION OF PROGRAM INFORMATION.

  149. Tex. Education Code Sec. 56.492. REIMBURSEMENT.

  150. Tex. Education Code Sec. 56.493. RULES. The coordinating board shall adopt rules as necessary to administer the program under this subchapter.

  151. Tex. Education Code Sec. 56.501. DEFINITIONS. In this subchapter:

  152. Tex. Education Code Sec. 56.502. PURPOSE. The Future Texas Teachers Scholarship Program is created to recruit, prepare, and retain a talented and diverse workforce of career teachers to be leaders in their field and to provide assistance for tuition, mandatory fees, and other usual and customary costs of attendance at an eligible institution as provided by Sections 56.506 and 56.507.

  153. Tex. Education Code Sec. 56.503. ELIGIBLE EDUCATOR PREPARATION PROGRAMS. To be eligible to participate in the scholarship program, an educator preparation program must:

  154. Tex. Education Code Sec. 56.504. INITIAL STUDENT ELIGIBILITY FOR SCHOLARSHIP.

  155. Tex. Education Code Sec. 56.505. CONTINUING STUDENT ELIGIBILITY AND ACADEMIC PERFORMANCE REQUIREMENTS.

  156. Tex. Education Code Sec. 56.506. SCHOLARSHIP AMOUNT.

  157. Tex. Education Code Sec. 56.507. SCHOLARSHIP USE. A person receiving a scholarship under this subchapter may use the money to pay any usual and customary cost of attendance at an eligible institution incurred by the person. The institution may disburse all or part of the proceeds of a scholarship under this subchapter to an eligible person only if the tuition and required fees incurred by the person at the institution have been paid.

  158. Tex. Education Code Sec. 56.508. ADMINISTRATION OF PROGRAM.

  159. Tex. Education Code Sec. 56.521. DEFINITIONS. In this subchapter:

  160. Tex. Education Code Sec. 56.522. PURPOSE. The purpose of the Texas Competency-Based Education Grant Program is to provide financial assistance to enable eligible students to enroll in competency-based baccalaureate degree programs at eligible institutions.

  161. Tex. Education Code Sec. 56.523. ADMINISTRATION OF PROGRAM; PRIORITY FOR FINANCIAL NEED.

  162. Tex. Education Code Sec. 56.524. INITIAL ELIGIBILITY FOR GRANT.

  163. Tex. Education Code Sec. 56.525. CONTINUING ELIGIBILITY AND ACADEMIC PERFORMANCE REQUIREMENTS.

  164. Tex. Education Code Sec. 56.526. GRANT USE. A grant awarded under the program may be applied only to the payment of tuition and required fees at an eligible institution.

  165. Tex. Education Code Sec. 56.527. GRANT AMOUNT.

  166. Tex. Education Code Sec. 56.528. GRANT NOT TO AFFECT ADMISSION. An eligible institution may not deny admission to or enrollment in the institution based on a person's eligibility to receive a grant under the program or a person's receipt of a grant under the program.

Chapter 57

  1. Tex. Education Code Sec. 57.011. STATUS OF TEXAS GUARANTEED STUDENT LOAN CORPORATION.

  2. Tex. Education Code Sec. 57.02. DEFINITIONS. In this chapter:

  3. Tex. Education Code Sec. 57.48. PAYMENTS BY THE COMPTROLLER TO DEFAULTING PERSONS PROHIBITED.

  4. Tex. Education Code Sec. 57.482. PAYMENTS BY A STATE AGENCY TO DEFAULTING PERSONS PROHIBITED.

  5. Tex. Education Code Sec. 57.49. COOPERATION OF STATE AGENCIES AND SUBDIVISIONS. Each agency and political subdivision of the state shall cooperate with the corporation in providing information to the agency's or political subdivision's clients concerning student financial aid, including information about default prevention. Each agency and political subdivision shall provide information to the corporation on request to assist the corporation in curing delinquent loans and collecting defaulted loans.

Chapter 58

  1. Tex. Education Code Sec. 58.002. DEFINITIONS.

  2. Tex. Education Code Sec. 58.006. STATEWIDE PRECEPTORSHIP PROGRAMS.

  3. Tex. Education Code Sec. 58.007. ADVISORY COMMITTEE.

  4. Tex. Education Code Sec. 58.008. PRIMARY CARE RESIDENCY PROGRAM EXPANSION.

  5. Tex. Education Code Sec. 58.009. FACULTY ENHANCEMENT FUND FOR GENERALIST PHYSICIANS.

  6. Tex. Education Code Sec. 58.010. STATEWIDE PRECEPTORSHIP PROGRAMS IN PUBLIC HEALTH SETTINGS.

  7. Tex. Education Code Sec. 58.011. STATEWIDE PEDIATRIC SUBSPECIALTY PRECEPTORSHIP PROGRAM.

Chapter 59

  1. Tex. Education Code Sec. 59.01. DEFINITIONS. In this subchapter:

  2. Tex. Education Code Sec. 59.02. HEALTH CARE PROFESSIONAL LIABILITY FUND.

  3. Tex. Education Code Sec. 59.03. RULES. Each board may adopt rules for the establishment and administration of the fund and the negotiation, settlement, and payment of claims as necessary to carry out the purpose of this subchapter. Each board may establish by rule reasonable limits on the amount of claims to be paid from the fund or to be provided in purchased insurance.

  4. Tex. Education Code Sec. 59.04. PURCHASE OF INSURANCE. Each board may purchase health care liability insurance from an insurance company authorized to engage in the business of insurance in this state as it considers necessary to carry out the purpose of this subchapter.

  5. Tex. Education Code Sec. 59.05. LEGAL COUNSEL. Each board may employ private legal counsel to represent the health care professional staff members or students covered by this subchapter under the rules of the board.

  6. Tex. Education Code Sec. 59.06. LIMITATION ON APPROPRIATED FUNDS. Funds appropriated by the legislature to The University of Texas System, The Texas A&M University System, the Texas Tech University System, the Texas State University System, the University of Houston System, or the University of North Texas System from the General Revenue Fund may not be used to establish or maintain the fund, to purchase insurance, or to employ private legal counsel.

  7. Tex. Education Code Sec. 59.07. EXEMPTION FROM INSURANCE CODE; REPORT. The establishment and administration of each fund under this subchapter and the rules of the boards do not constitute the business of insurance as defined and regulated in the Insurance Code. However, the boards of regents shall annually report to the State Board of Insurance information appropriate for carrying out the functions of the State Board of Insurance.

  8. Tex. Education Code Sec. 59.08. STATE INDEMNIFICATION.

  9. Tex. Education Code Sec. 59.21. DEFINITIONS. In this subchapter:

  10. Tex. Education Code Sec. 59.22. VETERINARY MEDICAL DIAGNOSTIC PROFESSIONAL LIABILITY FUND.

  11. Tex. Education Code Sec. 59.23. RULES. The board may adopt rules for the establishment and administration of the fund and the negotiation, settlement, and payment of claims as necessary to carry out the purpose of this subchapter. The board may establish by rule reasonable limits on the amount of claims to be paid from the fund or to be provided in purchased insurance.

  12. Tex. Education Code Sec. 59.24. PURCHASE OF INSURANCE. The board may purchase veterinary medical malpractice insurance from an insurance company authorized to do business in this state as it considers necessary to carry out the purpose of this subchapter.

  13. Tex. Education Code Sec. 59.25. LEGAL COUNSEL. The board may employ private legal counsel to represent the professional staff covered by this subchapter under the rules of the board.

  14. Tex. Education Code Sec. 59.26. LIMITATION ON APPROPRIATED FUNDS. Funds appropriated by the legislature to the Texas Veterinary Medical Diagnostic Laboratory from the General Revenue Fund may not be used to establish or maintain the fund, to purchase insurance, or to employ private legal counsel.

  15. Tex. Education Code Sec. 59.27. EXEMPTION FROM INSURANCE CODE; REPORT. The establishment and administration of the fund under this subchapter and the rules of the board do not constitute the business of insurance as defined and regulated in the Insurance Code. However, the board shall annually report to the State Board of Insurance information appropriate for carrying out the functions of the State Board of Insurance.

  16. Tex. Education Code Sec. 59.28. ADDITIONAL COMPENSATION. Malpractice liability coverage authorized by this subchapter is provided as additional compensation to the professional staff.

Chapter 61

  1. Tex. Education Code Sec. 61.001. SHORT TITLE. This chapter may be cited as the Higher Education Coordinating Act of 1965.

  2. Tex. Education Code Sec. 61.002. PURPOSE.

  3. Tex. Education Code Sec. 61.003. DEFINITIONS. In this chapter:

  4. Tex. Education Code Sec. 61.021. ESTABLISHMENT OF COORDINATING BOARD: FUNCTIONS.

  5. Tex. Education Code Sec. 61.0211. SUNSET PROVISION. The Texas Higher Education Coordinating Board is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2029.

  6. Tex. Education Code Sec. 61.022. MEMBERS OF BOARD; APPOINTMENT; TERMS OF OFFICE.

  7. Tex. Education Code Sec. 61.0221. DUTY IN MAKING OR CONFIRMING APPOINTMENTS.

  8. Tex. Education Code Sec. 61.0222. RESTRICTIONS ON BOARD APPOINTMENT, MEMBERSHIP, AND EMPLOYMENT.

  9. Tex. Education Code Sec. 61.0223. REMOVAL OF BOARD MEMBER.

  10. Tex. Education Code Sec. 61.0224. TRAINING OF BOARD MEMBERS.

  11. Tex. Education Code Sec. 61.0225. NONVOTING STUDENT REPRESENTATIVE.

  12. Tex. Education Code Sec. 61.023. BOARD OFFICERS. The governor shall designate a chairman and vice chairman of the board. The board shall appoint a secretary of the board whose duties may be prescribed by law and by the board.

  13. Tex. Education Code Sec. 61.024. COMPENSATION AND EXPENSES OF MEMBERS. Members of the board shall serve without pay but shall be reimbursed for their actual expenses incurred in attending meetings of the board or in attending to other work of the board when that other work is approved by the chairman of the board.

  14. Tex. Education Code Sec. 61.025. QUORUM; MEETINGS; AGENDA.

  15. Tex. Education Code Sec. 61.026. COMMITTEES AND ADVISORY COMMITTEES.

  16. Tex. Education Code Sec. 61.027. RULES OF PROCEDURE; HEARINGS; NOTICE; MINUTES. The board shall adopt and publish rules and regulations in accordance with and under the conditions applied to other agencies by Chapter 2001, Government Code to effectuate the provisions of this chapter. The board shall grant any institution of higher education a hearing upon request and after reasonable notice. Minutes of all meetings shall be available in the board's office for public inspection.

  17. Tex. Education Code Sec. 61.0275. ADOPTION BY REFERENCE. The board may adopt by reference a manual or policy document as a rule.

  18. Tex. Education Code Sec. 61.028. COMMISSIONER OF HIGHER EDUCATION; PERSONNEL; CONSULTANTS.

  19. Tex. Education Code Sec. 61.029. INTERNAL AUDITOR.

  20. Tex. Education Code Sec. 61.030. QUALIFICATIONS AND STANDARDS OF BOARD MEMBERS AND EMPLOYEES. The board shall provide to its members and employees, as often as necessary, information regarding their qualifications for office or employment under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.

  21. Tex. Education Code Sec. 61.031. OFFICE OF OMBUDSMAN.

  22. Tex. Education Code Sec. 61.032. NOTICE OF NATIONAL COMPACT MEETINGS. The commissioner of higher education or the commissioner's designee on behalf of Texas members of the Board of Control for Southern Regional Education shall file notice of board of control meetings with the secretary of state's office for publication in the Texas Register.

  23. Tex. Education Code Sec. 61.033. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION.

  24. Tex. Education Code Sec. 61.0331. NEGOTIATED RULEMAKING REQUIRED. The board shall engage institutions of higher education in a negotiated rulemaking process as described by Chapter 2008, Government Code, when adopting a policy, procedure, or rule relating to:

  25. Tex. Education Code Sec. 61.034. EFFECTIVE USE OF TECHNOLOGY. The board shall develop and implement a policy that requires the commissioner of higher education and the staff of the board to research and propose appropriate technological solutions to improve the ability of the agency to perform its mission. The technological solutions must include measures to ensure that the public is able to easily find information about the board through the Internet and that persons who have a reason to use the board's services are able to use the Internet to interact with the board and to access any services that can be provided effectively through the Internet. The policy shall also ensure that proposed technological solutions are cost-effective and developed through the board's planning processes.

  26. Tex. Education Code Sec. 61.0341. LIMITATION ON DATA COLLECTION AND REPORTING REQUIREMENTS.

  27. Tex. Education Code Sec. 61.035. COMPLIANCE MONITORING.

  28. Tex. Education Code Sec. 61.051. COORDINATION OF INSTITUTIONS OF PUBLIC HIGHER EDUCATION.

  29. Tex. Education Code Sec. 61.0511. DIRECT ADMISSIONS AND FINANCIAL AID PORTAL AT MYTEXASFUTURE.ORG.

  30. Tex. Education Code Sec. 61.0512. BOARD APPROVAL OF ACADEMIC PROGRAMS.

  31. Tex. Education Code Sec. 61.05121. STATE AUTHORIZATION RECIPROCITY AGREEMENT.

  32. Tex. Education Code Sec. 61.05122. GRADUATE MEDICAL EDUCATION REQUIREMENT FOR NEW MEDICAL DEGREE PROGRAMS.

  33. Tex. Education Code Sec. 61.0513. COURT REPORTER PROGRAMS. The board may not certify a court reporter program under Section 61.051(f) unless the program has received approval from the Judicial Branch Certification Commission.

  34. Tex. Education Code Sec. 61.0514. INTEGRATED COURSEWORK. The board, with the cooperation and advice of the State Board for Educator Certification, shall adopt educator preparation coursework guidelines that promote, to the greatest extent practicable, the integration of subject matter knowledge with classroom teaching strategies and techniques in order to maximize the effectiveness and efficiency of coursework required for certification under Subchapter B, Chapter 21.

  35. Tex. Education Code Sec. 61.0515. SEMESTER CREDIT HOURS REQUIRED FOR BACCALAUREATE DEGREE.

  36. Tex. Education Code Sec. 61.05151. SEMESTER CREDIT HOURS REQUIRED FOR ASSOCIATE DEGREE.

  37. Tex. Education Code Sec. 61.0517. APPLIED STEM COURSES.

  38. Tex. Education Code Sec. 61.052. LIST OF COURSES; ANNUAL SUBMISSION TO BOARD.

  39. Tex. Education Code Sec. 61.0521. RECOGNITION OF COMPETENCY-BASED EDUCATION DEGREE PLANS FOR MEMBERS OF TEXAS MILITARY FORCES.

  40. Tex. Education Code Sec. 61.0522. GENERAL EDUCATION CURRICULUM ADVISORY COMMITTEE.

  41. Tex. Education Code Sec. 61.053. BOARD ORDERS; NOTICE.

  42. Tex. Education Code Sec. 61.054. EXPENDITURES FOR PROGRAMS DISAPPROVED BY BOARD. No funds appropriated to any institution of higher education may be expended for any program which has been disapproved by the board, unless the program is subsequently specifically approved by the legislature.

  43. Tex. Education Code Sec. 61.055. PARTNERSHIPS OR AFFILIATIONS.

  44. Tex. Education Code Sec. 61.056. REVIEW OF LEGISLATION ESTABLISHING ADDITIONAL INSTITUTIONS. Any proposed statute which would establish an additional institution of higher education, except a public junior college, shall be submitted, either prior to introduction or by the standing committee considering the proposed statute, to the board for its opinion as to the state's need for the institution. The board shall report its findings to the governor and the legislature. A recommendation that an additional institution is needed shall require the favorable vote of at least two-thirds of the members of the board. A recommendation of the board shall not be considered a condition precedent to the introduction or passage of any proposed statute.

  45. Tex. Education Code Sec. 61.057. PROMOTION OF TEACHING EXCELLENCE. To achieve excellence in the teaching of students at institutions and agencies of higher education, the board shall:

  46. Tex. Education Code Sec. 61.0571. BOARD ASSISTANCE TO INSTITUTIONS.

  47. Tex. Education Code Sec. 61.0572. CONSTRUCTION FUNDS AND DEVELOPMENT OF PHYSICAL PLANTS.

  48. Tex. Education Code Sec. 61.058. NEW CONSTRUCTION AND REPAIR AND REHABILITATION PROJECTS.

  49. Tex. Education Code Sec. 61.0581. POWERS UNAFFECTED BY CERTAIN CONSTITUTIONAL AMENDMENT. The powers of the board and the legislature, including the powers granted under Section 61.058 of this code, are not limited by the constitutional amendments proposed by H.J.R. No. 19, 68th Legislature, Regular Session, 1983, and adopted by the voters except to the extent those powers are specifically limited by those constitutional provisions.

  50. Tex. Education Code Sec. 61.05821. CONDITION OF BUILDINGS AND FACILITIES; ANNUAL REPORT REQUIRED. Each institution of higher education, excluding each public junior college and excluding other agencies of higher education, annually shall report to the governing board of the institution information regarding the condition of the buildings and facilities of the institution, including information concerning deferred maintenance with respect to those buildings and facilities as defined by the board.

  51. Tex. Education Code Sec. 61.0583. AUDIT OF FACILITIES.

  52. Tex. Education Code Sec. 61.059. APPROPRIATIONS.

  53. Tex. Education Code Sec. 61.0592. FUNDING FOR COURSES PROVIDED DURING OFF-PEAK HOURS AT CERTAIN INSTITUTIONS.

  54. Tex. Education Code Sec. 61.0594. COORDINATED FUNDING OF GRADUATE MEDICAL EDUCATION.

  55. Tex. Education Code Sec. 61.0595. FUNDING FOR CERTAIN EXCESS UNDERGRADUATE CREDIT HOURS.

  56. Tex. Education Code Sec. 61.0596. UNIVERSITY FUNDING FOR EXCELLENCE IN SPECIFIC PROGRAMS AND FIELDS; INCENTIVE GRANTS.

  57. Tex. Education Code Sec. 61.060. CONTROL OF PUBLIC JUNIOR COLLEGES. The board shall exercise, under the acts of the legislature, general control of the public junior colleges of this state, on and after September 1, 1965. All authority not vested by this chapter or other laws of the state in the board is reserved and retained locally in each respective public junior college district or the governing board of each public junior college as provided in the applicable laws.

  58. Tex. Education Code Sec. 61.061. POLICIES, RULES, AND REGULATIONS RESPECTING JUNIOR COLLEGES. The board has the responsibility for adopting policies, enacting regulations, and establishing general rules necessary for carrying out the duties with respect to public junior colleges placed upon it by the legislature. The commissioner of higher education is responsible for carrying out these policies and enforcing these rules and regulations.

  59. Tex. Education Code Sec. 61.062. POWERS RESPECTING JUNIOR COLLEGES.

  60. Tex. Education Code Sec. 61.063. LISTING OF PUBLIC JUNIOR COLLEGES; ELIGIBILITY FOR STATE APPROPRIATIONS.

  61. Tex. Education Code Sec. 61.064. COOPERATIVE UNDERTAKINGS WITH PRIVATE COLLEGES AND UNIVERSITIES. The board shall:

  62. Tex. Education Code Sec. 61.065. REPORTING; ACCOUNTING.

  63. Tex. Education Code Sec. 61.0651. MANAGEMENT POLICIES.

  64. Tex. Education Code Sec. 61.0661. OPPORTUNITIES FOR GRADUATE MEDICAL EDUCATION.

  65. Tex. Education Code Sec. 61.0662. INFORMATION ON RESEARCH CONDUCTED BY INSTITUTIONS.

  66. Tex. Education Code Sec. 61.0663. INVENTORY OF POSTSECONDARY EDUCATIONAL PROGRAMS AND SERVICES FOR PERSONS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES.

  67. Tex. Education Code Sec. 61.0664. COLLECTION AND STUDY OF DATA ON PARTICIPATION OF PERSONS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES IN HIGHER EDUCATION.

  68. Tex. Education Code Sec. 61.06641. ACCESS TO HIGHER EDUCATION FOR PERSONS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES; ADVISORY COUNCIL.

  69. Tex. Education Code Sec. 61.06642. REPORT REGARDING ENROLLMENT AND SUCCESS IN HIGHER EDUCATION FOR STUDENTS WITH DISABILITIES.

  70. Tex. Education Code Sec. 61.0665. STUDY ON USE AND AVAILABILITY OF ELECTRONIC TEXTBOOKS.

  71. Tex. Education Code Sec. 61.0667. DIGITAL COURSE MATERIALS PILOT PROGRAM.

  72. Tex. Education Code Sec. 61.06694. STUDY AND REPORT ON ASSISTING STUDENTS WITH AUTISM SPECTRUM DISORDER.

  73. Tex. Education Code Sec. 61.06696. STUDY AND REPORT ON HEALTH PHYSICS EDUCATION.

  74. Tex. Education Code Sec. 61.067. CONTRACTS. In achieving the goals outlined in this chapter and in performing the functions assigned to it, the board may contract with any other state governmental agency as authorized by law, with any agency of the United States, and with corporations and individuals. The board shall propose, foster, and encourage the use of interagency contracts among the institutions of higher education to reduce duplication and achieve better use of personnel and facilities.

  75. Tex. Education Code Sec. 61.0670. STATE REPOSITORY OF OPEN EDUCATIONAL RESOURCES.

  76. Tex. Education Code Sec. 61.068. GIFTS, GRANTS, DONATIONS. The board may accept gifts, grants, or donations of personal property from any individual, group, association, or corporation, or the United States, subject to such limitations or conditions as may be provided by law. Gifts, grants, or donations of money shall be deposited in the state treasury and expended in accordance with the specific purpose for which given, under such conditions as may be imposed by the donor and as provided by law.

  77. Tex. Education Code Sec. 61.069. BOARD ROLE IN ESTABLISHING BEST PRACTICES.

  78. Tex. Education Code Sec. 61.070. COORDINATION OF EMERGENCY NOTIFICATIONS. The board, in consultation with administrators, faculty, staff, and students at institutions of higher education, shall adopt rules regarding standardized procedures for timely issuing emergency notifications in accordance with the Jeanne Clery Campus Safety Act (20 U.S.C. Section 1092(f)), including emergency alerts through the system required under Section 51.218.

  79. Tex. Education Code Sec. 61.071. STUDENT REPRESENTATIVES ON CERTAIN BOARD ADVISORY COMMITTEES.

  80. Tex. Education Code Sec. 61.072. REGULATION OF FOREIGN STUDENT TUITION. The board shall adopt rules and policies to be followed by the governing boards of institutions of higher education in fixing foreign student tuition fees pursuant to Subsections

  81. Tex. Education Code Sec. 61.073. ALLOCATION OF FUNDS FOR TUITION AND FEE EXEMPTIONS. Funds shall be appropriated to the board for allocation to each junior college in an amount equal to the total of all tuition and fees forgone each semester as a result of the tuition and fee exemptions required by law in Sections 54.301, 54.331, 54.341, 54.343, 54.351, 54.352, 54.353, 54.3531, and 54.364.

  82. Tex. Education Code Sec. 61.0731. WAIVER OF CERTAIN APPLICATION FEES; FREE COLLEGE APPLICATION WEEK.

  83. Tex. Education Code Sec. 61.074. OFFICIAL GRADE POINT AVERAGE. The board shall by rule establish a mandatory uniform method of calculating the official grade point average of a student enrolled in, or seeking admission to a graduate or professional school of, an institution of higher education.

  84. Tex. Education Code Sec. 61.075. COURSES BENEFITTING MILITARY INSTALLATIONS.

  85. Tex. Education Code Sec. 61.076. P-16 COUNCIL.

  86. Tex. Education Code Sec. 61.07611. DEVELOPMENTAL EDUCATION PLAN; REPORT.

  87. Tex. Education Code Sec. 61.0762. PROGRAMS TO ENHANCE STUDENT SUCCESS.

  88. Tex. Education Code Sec. 61.07621. TEXAS GOVERNOR'S SCHOOLS.

  89. Tex. Education Code Sec. 61.0764. MEDICAL DUAL CREDIT PILOT PROGRAM.

  90. Tex. Education Code Sec. 61.0766. MATHEMATICS, SCIENCE, AND TECHNOLOGY TEACHER PREPARATION ACADEMIES.

  91. Tex. Education Code Sec. 61.077. ACADEMIC ADVISING ASSESSMENT.

  92. Tex. Education Code Sec. 61.0771. DISTANCE LEARNING MASTER PLAN.

  93. Tex. Education Code Sec. 61.0775. BUSINESS RESEARCH AND DEVELOPMENT.

  94. Tex. Education Code Sec. 61.0776. CENTER FOR FINANCIAL AID INFORMATION.

  95. Tex. Education Code Sec. 61.07761. FINANCIAL AID AND OTHER TRUSTEED FUNDS ALLOCATION.

  96. Tex. Education Code Sec. 61.07762. APPLICATION FOR STATE FINANCIAL AID.

  97. Tex. Education Code Sec. 61.07764. ANNUAL REPORT REGARDING STUDENT LOAN DATA.

  98. Tex. Education Code Sec. 61.0777. UNIFORM STANDARDS FOR PUBLICATION OF COST OF ATTENDANCE INFORMATION.

  99. Tex. Education Code Sec. 61.07771. TRANSPARENCY IN CERTIFICATE AND DEGREE PROGRAM REQUIREMENTS.

  100. Tex. Education Code Sec. 61.0778. ONLINE INFORMATION REGARDING CERTAIN CAREER EDUCATIONAL ENTITIES.

  101. Tex. Education Code Sec. 61.079. WASTE MANAGEMENT DEGREE PROGRAMS AND RESEARCH.

  102. Tex. Education Code Sec. 61.080. CONTINUING STUDY OF MINORITY PARTICIPATION IN HIGHER EDUCATION.

  103. Tex. Education Code Sec. 61.0816. INFORMATION REGARDING HIGHER EDUCATION AUTHORITIES.

  104. Tex. Education Code Sec. 61.0817. INDIVIDUAL DEVELOPMENT ACCOUNT INFORMATION PROGRAM.

  105. Tex. Education Code Sec. 61.082. RESEARCH.

  106. Tex. Education Code Sec. 61.08205. RESEARCH ON SUBSTANCE USE DISORDERS AND ADDICTION. The board shall encourage health-related institutions, as defined by Section 62.161, as added by Chapter 448 (H.B. 7), Acts of the 84th Legislature, Regular Session, 2015, and the faculty of those institutions to individually or through collaborative effort conduct research, for public health purposes, regarding substance use disorders and addiction issues involving prescription drugs.

  107. Tex. Education Code Sec. 61.0821. RESEARCH ON BORDER REGION ENVIRONMENTAL ISSUES.

  108. Tex. Education Code Sec. 61.0822. CONTRACT WITH TEXAS BOARD OF ARCHITECTURAL EXAMINERS. The board may contract with the Texas Board of Architectural Examiners to administer the examination fee scholarship program established under Section 1051.206, Occupations Code.

  109. Tex. Education Code Sec. 61.084. TRAINING FOR MEMBERS OF GOVERNING BOARDS.

  110. Tex. Education Code Sec. 61.0841. INTENSIVE SHORT COURSE FOR APPOINTED MEMBERS OF GOVERNING BOARDS.

  111. Tex. Education Code Sec. 61.085. ON-LINE SURPLUS PROPERTY RESOURCE.

  112. Tex. Education Code Sec. 61.087. MATCHING SCHOLARSHIPS TO RETAIN STUDENTS IN TEXAS.

  113. Tex. Education Code Sec. 61.088. DROPPED OR REPEATED COURSES UNDER COMPETENCY-BASED BACCALAUREATE DEGREE PROGRAM. The board by rule shall develop standards for and limitations on dropping or repeating courses by students enrolled in a competency-based baccalaureate degree program, as defined by Section 56.521.

  114. Tex. Education Code Sec. 61.089. STATE SCIENCE AND ENGINEERING FAIRS.

  115. Tex. Education Code Sec. 61.0899. ASSISTANCE IN CERTAIN RURAL HEALTH CARE LOAN REIMBURSEMENT AND STIPEND PROGRAMS. The board shall, in cooperation with the Department of Agriculture, ensure that the board seeks to obtain the maximum amount of funds from any source, including federal funds, to support programs to provide student loan reimbursement or stipends for graduates of degree programs in this state who practice or agree to practice in a medically underserved community.

  116. Tex. Education Code Sec. 61.090. PILOT CENTERS FOR ADVANCEMENT OF QUALITY IN LONG-TERM CARE.

  117. Tex. Education Code Sec. 61.0901. INCENTIVES TO PROMOTE RETENTION AND GRADUATION OF NURSING STUDENTS.

  118. Tex. Education Code Sec. 61.09012. STUDY ON CLINICAL TRAINING PLACEMENTS FOR STUDENTS.

  119. Tex. Education Code Sec. 61.0902. PUBLICATION OF PERFORMANCE DATA OF GENERAL ACADEMIC TEACHING INSTITUTIONS.

  120. Tex. Education Code Sec. 61.09021. COMPARISON TOOL.

  121. Tex. Education Code Sec. 61.09022. INFORMATION TO ASSIST STUDENTS IN ASSESSING VALUE OF POSTSECONDARY CREDENTIALS.

  122. Tex. Education Code Sec. 61.0903. CERTIFICATE OF RECOGNITION FOR MAJOR DONORS TO INSTITUTIONS OF HIGHER EDUCATION.

  123. Tex. Education Code Sec. 61.0904. REVIEW OF INSTITUTIONAL GROUPINGS.

  124. Tex. Education Code Sec. 61.0906. TRACKING SYSTEM FOR MEDICAL TRAINING AND PRACTICE CHOICES.

  125. Tex. Education Code Sec. 61.0908. DESIGNATION OF LIAISON OFFICER TO ASSIST STUDENTS FORMERLY IN FOSTER CARE. The board shall designate at least one employee of the board to act as a liaison officer for current and incoming students at institutions of higher education who were formerly in the conservatorship of the Department of Family and Protective Services. The liaison officer shall assist in coordinating college readiness and student success efforts relating to those students.

  126. Tex. Education Code Sec. 61.0909. MEMORANDUM OF UNDERSTANDING REGARDING EXCHANGE OF INFORMATION FOR STUDENTS FORMERLY IN FOSTER CARE.

  127. Tex. Education Code Sec. 61.09092. COORDINATION OF CYBERSECURITY COURSEWORK DEVELOPMENT.

  128. Tex. Education Code Sec. 61.091. DEFINITIONS. In this subchapter:

  129. Tex. Education Code Sec. 61.092. CONTRACTS WITH BAYLOR COLLEGE OF MEDICINE.

  130. Tex. Education Code Sec. 61.093. DISBURSEMENTS.

  131. Tex. Education Code Sec. 61.095. RESTRICTIONS. The rights, powers, and authority granted in this subchapter shall not be subject to restriction, limitation, obligation, or requirement provided in Section 61.058 of this code or Articles 665 through 678m, inclusive, of Vernon's Texas Civil Statutes, notwithstanding any other provision in this subchapter.

  132. Tex. Education Code Sec. 61.097. CONTRACTS WITH RESPECT TO RESIDENT PHYSICIANS.

  133. Tex. Education Code Sec. 61.221. TUITION EQUALIZATION GRANTS AUTHORIZED. In order to provide the maximum possible utilization of existing educational resources and facilities within this state, both public and private, the coordinating board is authorized to provide tuition equalization grants to Texas residents enrolled in any approved private Texas college or university, based on student financial need, but not to exceed a grant amount of more than that specified in the appropriation by the legislature or as provided by Section 61.227.

  134. Tex. Education Code Sec. 61.222. APPROVED INSTITUTIONS.

  135. Tex. Education Code Sec. 61.223. NONDISCRIMINATION REGULATIONS. The coordinating board shall make such regulations as may be necessary to insure compliance with the Civil Rights Act of 1964, Title VI (Public Law 88-352), in regard to nondiscrimination in admissions or employment.

  136. Tex. Education Code Sec. 61.224. APPLICATION OF GENERAL APPROPRIATIONS ACT RIDERS. Those riders in the General Appropriations Act that apply to expenditure of state funds at state-supported colleges and universities shall also apply to expenditure of state funds at any college or university attended by a student receiving aid under this subchapter.

  137. Tex. Education Code Sec. 61.2251. ELIGIBILITY FOR GRANT; PERSONS INITIALLY AWARDED GRANTS DURING OR AFTER 2005-2006 ACADEMIC YEAR.

  138. Tex. Education Code Sec. 61.2252. REESTABLISHING ELIGIBILITY FOR GRANT. If a person who receives an initial tuition equalization grant after the 2004-2005 academic year fails to meet any of the applicable requirements of this subchapter after the completion of any semester or term, the person may not receive a tuition equalization grant during the next semester or term in which the person enrolls. The person may become eligible to receive a tuition equalization grant in a subsequent semester or term if the person:

  139. Tex. Education Code Sec. 61.226. APPLICATION OF LAWS TO RECEIVING INSTITUTIONS. Any college or university receiving any benefit under the provisions of this subchapter, either directly or indirectly, shall be subject to all present or future laws enacted by the legislature.

  140. Tex. Education Code Sec. 61.227. PAYMENT OF GRANT; AMOUNT.

  141. Tex. Education Code Sec. 61.228. IMPLEMENTATION OF GRANT PROGRAM. This subchapter applies to freshmen (first year) students beginning in the fall semester of 1971; to freshmen and sophomores in 1972; to freshmen, sophomores, and juniors in 1973; and to all students attending approved private institutions in 1974 and thereafter.

  142. Tex. Education Code Sec. 61.229. PROMULGATION AND DISTRIBUTION OF REGULATIONS.

  143. Tex. Education Code Sec. 61.230. ANNUAL REPORT. The coordinating board shall include in its annual report to the legislature on financial aid in this state a breakdown of tuition equalization grant recipients by ethnicity indicating the percentage of each ethnic group that received tuition equalization grant money at each institution.

  144. Tex. Education Code Sec. 61.301. PURPOSE. It is the policy and purpose of the State of Texas to prevent deception of the public resulting from the conferring and use of fraudulent or substandard college and university degrees; it is also the purpose of this subchapter to regulate the use of academic terminology in naming or otherwise designating educational institutions, the advertising, solicitation or representation by educational institutions or their agents, and the maintenance and preservation of essential academic records. Because degrees and equivalent indicators of educational attainment are used by employers in judging the training of prospective employees, by public and private professional groups in determining qualifications for admission to and continuance of practice, and by the general public in assessing the competence of persons engaged in a wide range of activities necessary to the general welfare, regulation by law of the evidences of college and university educational attainment is in the public interest. To the same end the protection of legitimate institutions and of those holding degrees from them is also in the public interest.

  145. Tex. Education Code Sec. 61.302. DEFINITIONS. In this subchapter:

  146. Tex. Education Code Sec. 61.3021. REVIEW OF DEGREE NOT OTHERWISE REGULATED BY SUBCHAPTER.

  147. Tex. Education Code Sec. 61.3025. DEFINITION: ACADEMIC RECORDS.

  148. Tex. Education Code Sec. 61.303. EXEMPTIONS.

  149. Tex. Education Code Sec. 61.304. REQUISITE AUTHORITY TO GRANT DEGREES AND OFFER COURSES; OFFENSES.

  150. Tex. Education Code Sec. 61.305. APPLICATION FOR CERTIFICATE OF AUTHORITY.

  151. Tex. Education Code Sec. 61.306. ISSUANCE OF CERTIFICATE.

  152. Tex. Education Code Sec. 61.307. AMENDMENTS TO APPLICATIONS.

  153. Tex. Education Code Sec. 61.3075. REQUIRED FINANCIAL RESOURCES. The board by rule may require an institution operating under a certificate of authority, or seeking to operate under a certificate of authority, to ensure that the financial resources and financial stability of the institution are adequate to provide education of a good quality and to fulfill the institution's commitments to its enrolled students and may require the institution to provide to the board documentation of the institution's compliance with those requirements. Rules adopted under this subsection must:

  154. Tex. Education Code Sec. 61.308. RENEWAL OF CERTIFICATE.

  155. Tex. Education Code Sec. 61.309. REVOCATION OF CERTIFICATE OF AUTHORITY. The board may revoke a certificate of authority to grant degrees at any time if it finds that:

  156. Tex. Education Code Sec. 61.310. APPEAL. An institution whose application for an original, amended, or renewal certificate of authority to grant degrees is denied by the board is entitled to written notice of the reasons for the denial and may request a hearing under Chapter 2001, Government Code. The hearing shall be held within 120 days after written request is received by the board.

  157. Tex. Education Code Sec. 61.311. RULES AND REGULATIONS.

  158. Tex. Education Code Sec. 61.312. HONORARY DEGREES; OFFENSES.

  159. Tex. Education Code Sec. 61.313. USE OF PROTECTED TERM IN NAME OF INSTITUTION; OFFENSES.

  160. Tex. Education Code Sec. 61.314. ADVISORY COUNCIL ON PRIVATE POSTSECONDARY EDUCATIONAL INSTITUTIONS.

  161. Tex. Education Code Sec. 61.315. AGENTS AND RECORDS; ACADEMIC RECORDS REPOSITORY.

  162. Tex. Education Code Sec. 61.316. ADMINISTRATIVE PENALTIES.

  163. Tex. Education Code Sec. 61.318. INJUNCTIONS.

  164. Tex. Education Code Sec. 61.319. CIVIL PENALTY.

  165. Tex. Education Code Sec. 61.320. APPLICATION OF DECEPTIVE TRADE PRACTICES ACT.

  166. Tex. Education Code Sec. 61.321. INFORMATION PROVIDED TO PROTECT PUBLIC FROM FRAUDULENT, SUBSTANDARD, OR FICTITIOUS DEGREES. To protect the public from private postsecondary educational institutions or other persons that confer or offer to confer fraudulent or substandard degrees and from persons that use or hold fraudulent or substandard degrees or that use or claim to hold fictitious degrees, the board shall disseminate the following information through the board's Internet website:

  167. Tex. Education Code Sec. 61.401. DEFINITIONS. In this subchapter:

  168. Tex. Education Code Sec. 61.402. REQUISITE APPROVAL.

  169. Tex. Education Code Sec. 61.403. RULES AND REGULATIONS. The coordinating board shall prepare rules and regulations which, when properly followed, may qualify a public institution of higher education established outside the boundaries of the State of Texas to offer a course or a grouping of courses within the State of Texas.

  170. Tex. Education Code Sec. 61.404. PROCEDURES IN CASE OF VIOLATION. If the coordinating board obtains evidence that a public institution of higher education established outside the boundaries of the State of Texas is in apparent violation of this subchapter or of rules and regulations adopted pursuant to this subchapter, the coordinating board shall take appropriate action to terminate its operation within the boundaries of the State of Texas regardless of whether the institution participates in a state authorization reciprocity agreement established under Section 61.05121.

  171. Tex. Education Code Sec. 61.405. ADVISORY COMMITTEES. The coordinating board may appoint such advisory committees as deemed useful for the effective administration of this subchapter.

  172. Tex. Education Code Sec. 61.501. DEFINITIONS. As used in this subchapter:

  173. Tex. Education Code Sec. 61.502. CONTRACTS. The board may contract with a medical school, licensed hospitals, or nonprofit corporations for the purpose of establishing and operating an approved Family Practice Residency Training Program and may compensate the medical school, licensed hospitals, or nonprofit corporations on a formula approved by the board based upon the number of resident physicians in the training program.

  174. Tex. Education Code Sec. 61.503. RULES AND REGULATIONS. The board shall adopt rules and regulations to implement this subchapter, including rules providing for:

  175. Tex. Education Code Sec. 61.504. DISBURSEMENTS.

  176. Tex. Education Code Sec. 61.505. ADVISORY COMMITTEE.

  177. Tex. Education Code Sec. 61.506. FAMILY PRACTICE RESIDENCY TRAINING PILOT PROGRAMS.

  178. Tex. Education Code Sec. 61.531. REPAYMENT AUTHORIZED.

  179. Tex. Education Code Sec. 61.532. ELIGIBILITY.

  180. Tex. Education Code Sec. 61.533. LIMITATION.

  181. Tex. Education Code Sec. 61.534. ELIGIBLE LOANS.

  182. Tex. Education Code Sec. 61.535. REPAYMENT.

  183. Tex. Education Code Sec. 61.536. ADVISORY COMMITTEES. The coordinating board may appoint advisory committees from outside the board's membership to assist the board in performing its duties under this subchapter.

  184. Tex. Education Code Sec. 61.5361. ACCEPTANCE OF FUNDS. The coordinating board may accept gifts, grants, and donations for the purposes of this subchapter.

  185. Tex. Education Code Sec. 61.537. RULES.

  186. Tex. Education Code Sec. 61.538. AMOUNT OF REPAYMENT ASSISTANCE.

  187. Tex. Education Code Sec. 61.5391. PHYSICIAN EDUCATION LOAN REPAYMENT PROGRAM ACCOUNT.

  188. Tex. Education Code Sec. 61.5392. FEDERAL MATCHING FUNDS.

  189. Tex. Education Code Sec. 61.540. LOAN REPAYMENT ASSISTANCE UNDER FORMER LAW; SAVING PROVISION.

  190. Tex. Education Code Sec. 61.571. PROGRAM PURPOSE. The purpose of the Building Better Futures Program is to facilitate the delivery by institutions of higher education and private or independent institutions of higher education of educational and occupational skills training opportunities and support services to students with intellectual and developmental disabilities in an inclusive and age-appropriate environment.

  191. Tex. Education Code Sec. 61.572. ADMINISTRATION; RULES.

  192. Tex. Education Code Sec. 61.573. INSTITUTION ELIGIBILITY.

  193. Tex. Education Code Sec. 61.574. STUDENT ELIGIBILITY.

  194. Tex. Education Code Sec. 61.575. TRANSFERABILITY. Semester credit hours or the equivalent completed through the Building Better Futures Program may not be transferred to an associate or baccalaureate degree program.

  195. Tex. Education Code Sec. 61.576. AWARD OF MONEY. The board may award money under the Building Better Futures Program only to eligible institutions to be used by the institutions to facilitate the delivery of educational and occupational skills training opportunities and support services to students participating in the program.

  196. Tex. Education Code Sec. 61.577. FUNDING. The board may use any available revenue, including legislative appropriations, and may solicit and accept gifts, grants, and donations from a public or private source for the purposes of this subchapter.

  197. Tex. Education Code Sec. 61.601. DEFINITION. In this subchapter, "mental health professional" means:

  198. Tex. Education Code Sec. 61.602. REPAYMENT AUTHORIZED. If the legislature appropriates funds for purposes of this subchapter, the board shall establish a program to provide, in accordance with this subchapter and rules of the board, assistance in the repayment of student loans for mental health professionals who apply and qualify for the assistance.

  199. Tex. Education Code Sec. 61.603. ELIGIBILITY.

  200. Tex. Education Code Sec. 61.604. LIMITATIONS.

  201. Tex. Education Code Sec. 61.605. ELIGIBLE LOANS.

  202. Tex. Education Code Sec. 61.606. REPAYMENT.

  203. Tex. Education Code Sec. 61.607. AMOUNT OF REPAYMENT ASSISTANCE.

  204. Tex. Education Code Sec. 61.608. RULES; ADMINISTRATION.

  205. Tex. Education Code Sec. 61.609. SOLICITATION AND ACCEPTANCE OF FUNDS.

  206. Tex. Education Code Sec. 61.651. DEFINITIONS. In this subchapter:

  207. Tex. Education Code Sec. 61.652. SCHOLARSHIP PROGRAM. The Texas Higher Education Coordinating Board shall establish and administer, using funds appropriated for that purpose and in accordance with this subchapter and board rules, a scholarship program for professional nursing students and vocational nursing students.

  208. Tex. Education Code Sec. 61.654. LOAN REPAYMENT PROGRAM. The board shall establish and administer, using funds appropriated for that purpose and in accordance with this subchapter and board rules, an educational loan repayment program for registered nurses and licensed vocational nurses.

  209. Tex. Education Code Sec. 61.655. PURPOSE; ELIGIBILITY.

  210. Tex. Education Code Sec. 61.656. RULES.

  211. Tex. Education Code Sec. 61.658. FUNDING.

  212. Tex. Education Code Sec. 61.659. ADMINISTRATIVE COSTS. A reasonable amount, not to exceed 10 percent, of the funds appropriated by the legislature to fund the programs established under this subchapter, may be used by the board to pay administrative costs of operating the programs.

  213. Tex. Education Code Sec. 61.701. REPAYMENT AUTHORIZED. The board may provide, in accordance with this subchapter and board rules, assistance in the repayment of student loans for persons who apply and qualify for the assistance.

  214. Tex. Education Code Sec. 61.702. ELIGIBILITY FOR CLASSROOM TEACHER REPAYMENT ASSISTANCE.

  215. Tex. Education Code Sec. 61.7021. ELIGIBILITY FOR BORDER INSTITUTION FACULTY REPAYMENT ASSISTANCE. To be eligible to receive repayment assistance for border institution faculty, a person must apply to the board and must:

  216. Tex. Education Code Sec. 61.703. LIMITATION. A person may not receive repayment assistance grants for more than 10 years.

  217. Tex. Education Code Sec. 61.704. ELIGIBLE LOANS.

  218. Tex. Education Code Sec. 61.705. REPAYMENT.

  219. Tex. Education Code Sec. 61.706. ADVISORY COMMITTEES. The board may appoint advisory committees from outside the board's membership to assist the board in performing its duties under this subchapter.

  220. Tex. Education Code Sec. 61.707. ACCEPTANCE OF FUNDS. The board may solicit and accept gifts, grants, and donations for the purposes of this subchapter.

  221. Tex. Education Code Sec. 61.708. RULES.

  222. Tex. Education Code Sec. 61.771. DEFINITIONS. In this subchapter:

  223. Tex. Education Code Sec. 61.772. CONTRACTS WITH TEXAS CHIROPRACTIC COLLEGE AND PARKER COLLEGE OF CHIROPRACTIC. The board may contract with Texas Chiropractic College and Parker College of Chiropractic for the preparation or instruction of Texas resident undergraduate chiropractic students as doctors of chiropractic.

  224. Tex. Education Code Sec. 61.773. ADOPTION AND DISTRIBUTION OF RULES.

  225. Tex. Education Code Sec. 61.791. ENGINEERING SUMMER PROGRAM.

  226. Tex. Education Code Sec. 61.792. ENGINEERING SCHOLARSHIP PROGRAM.

  227. Tex. Education Code Sec. 61.793. FUNDING. The board shall administer this subchapter using available appropriations and gifts, grants, and donations made for the purposes of this subchapter.

  228. Tex. Education Code Sec. 61.821. DEFINITIONS. In this subchapter:

  229. Tex. Education Code Sec. 61.822. TRANSFER OF CREDITS; CORE CURRICULUM.

  230. Tex. Education Code Sec. 61.823. FIELD OF STUDY CURRICULUM.

  231. Tex. Education Code Sec. 61.8231. TRANSFER LIAISON.

  232. Tex. Education Code Sec. 61.8235. CAREER AND TECHNICAL EDUCATION PROGRAM OF STUDY CURRICULA.

  233. Tex. Education Code Sec. 61.824. INSTITUTIONAL EVALUATIONS. Each institution shall review and evaluate the institution's core curriculum and applicable field of study curricula at intervals specified by the board and shall report the results of that review to the board.

  234. Tex. Education Code Sec. 61.825. BOARD EVALUATIONS. The board shall develop criteria to evaluate the transfer practices of each institution of higher education and shall evaluate the transfer practices of each institution based on those criteria.

  235. Tex. Education Code Sec. 61.826. DISPUTE RESOLUTION.

  236. Tex. Education Code Sec. 61.827. RULES.

  237. Tex. Education Code Sec. 61.828. CONCURRENTLY ENROLLED STUDENTS. A student concurrently enrolled at more than one institution of higher education shall follow the core curriculum or the field of study curriculum of the institution in which the student is classified as a degree-seeking student.

  238. Tex. Education Code Sec. 61.829. EFFECT ON OTHER POLICIES. This subchapter does not affect the authority of an institution of higher education to adopt its own admission standards in compliance with this title or its own grading policies.

  239. Tex. Education Code Sec. 61.830. PUBLICATION OF GUIDELINES ADDRESSING TRANSFER PRACTICES. In its course catalogs and on its website, each institution of higher education shall publish guidelines addressing the practices of the institution regarding the transfer of course credit. In the guidelines, the institution must identify a course by using the common course numbering system approved by the board.

  240. Tex. Education Code Sec. 61.831. PURPOSE OF SUBCHAPTER. The purpose of this subchapter is to develop a seamless system of higher education with respect to student transfers between institutions of higher education, including student transfers from public junior colleges to general academic teaching institutions.

  241. Tex. Education Code Sec. 61.832. COMMON COURSE NUMBERING SYSTEM.

  242. Tex. Education Code Sec. 61.833. CREDIT TRANSFER FOR ASSOCIATE DEGREE.

  243. Tex. Education Code Sec. 61.834. TEXAS DIRECT ASSOCIATE DEGREE. A public junior college, public state college, or public technical institute shall award a student a "Texas Direct" associate degree and include an appropriate notation on the student's transcript if the student completes a field of study curriculum developed by the board under Section 61.823 and:

  244. Tex. Education Code Sec. 61.835. TRANSFERABLE COLLEGE CREDIT FOR HEROES CURRICULA.

  245. Tex. Education Code Sec. 61.861. DEVELOPMENT OF MATHEMATICS AND SCIENCE COURSES FOR HIGH-DEMAND OCCUPATIONS.

  246. Tex. Education Code Sec. 61.862. GRANT APPLICATION CRITERIA. The commissioner of higher education and the commissioner of education, in consultation with the comptroller and the Texas Workforce Commission, shall establish application criteria for a grant under this subchapter and in making an award shall give priority to courses that:

  247. Tex. Education Code Sec. 61.863. USE OF FUNDS. An institution of higher education may use funds awarded under this section to develop, in connection with a course described by Section 61.861:

  248. Tex. Education Code Sec. 61.864. REVIEW OF COURSES. Courses for which a grant is awarded under this subchapter shall be reviewed by the commissioner of higher education and the commissioner of education, in consultation with the comptroller and the Texas Workforce Commission, once every four years to determine whether the course:

  249. Tex. Education Code Sec. 61.865. MATCHING CONTRIBUTION REQUIRED. An institution of higher education awarded a grant under this subchapter must obtain from one or more business entities in the industry for which students taking courses developed under Section 61.861 are training, in a total amount equal to the amount of the state grant:

  250. Tex. Education Code Sec. 61.866. LIMITATION ON TOTAL AMOUNT OF GRANTS. In any state fiscal biennium, the total amount of grants awarded under this subchapter may not exceed $10 million.

  251. Tex. Education Code Sec. 61.867. FUNDING OF GRANTS. The commissioner of higher education shall administer this section using available appropriations and gifts, grants, and donations made for the purposes of this subchapter.

  252. Tex. Education Code Sec. 61.881. DEFINITIONS. In this subchapter:

  253. Tex. Education Code Sec. 61.882. ESTABLISHMENT; ADMINISTRATION; PURPOSE.

  254. Tex. Education Code Sec. 61.883. USE OF GRANT.

  255. Tex. Education Code Sec. 61.884. RECOGNIZED CERTIFICATIONS OR CREDENTIALS.

  256. Tex. Education Code Sec. 61.885. GRANTS, GIFTS, AND DONATIONS. The board may solicit, accept, and spend grants, gifts, and donations from any public or private source for the purposes of this subchapter.

  257. Tex. Education Code Sec. 61.886. RULES. The board shall adopt rules for the administration of this subchapter, including rules requiring eligible entities awarded a grant under this subchapter to report necessary information to the board.

  258. Tex. Education Code Sec. 61.891. DEFINITIONS. In this subchapter:

  259. Tex. Education Code Sec. 61.892. ESTABLISHMENT; ADMINISTRATION.

  260. Tex. Education Code Sec. 61.893. INITIAL ELIGIBILITY.

  261. Tex. Education Code Sec. 61.894. CONTINUING ELIGIBILITY. After establishing initial eligibility to participate in the program under Section 61.893, a student may continue participating in the program only if the student:

  262. Tex. Education Code Sec. 61.895. ACADEMIC ACHIEVEMENT SUPPORT AND LEADERSHIP DEVELOPMENT. The board may enter into agreements with general academic teaching institutions or other institutions of higher education to provide students participating in the program with:

  263. Tex. Education Code Sec. 61.896. GRANTS, GIFTS, AND DONATIONS. The board may solicit, accept, and spend grants, gifts, and donations from any public or private source for the purposes of the program.

  264. Tex. Education Code Sec. 61.897. RULES.

  265. Tex. Education Code Sec. 61.901. REPAYMENT AUTHORIZED. The board may provide, using funds appropriated for that purpose and in accordance with this subchapter and rules of the board, assistance in the repayment of student loans for dentists who apply and qualify for the assistance.

  266. Tex. Education Code Sec. 61.902. ELIGIBILITY.

  267. Tex. Education Code Sec. 61.904. ELIGIBLE LOANS.

  268. Tex. Education Code Sec. 61.905. REPAYMENT.

  269. Tex. Education Code Sec. 61.906. ADVISORY COMMITTEES. The board may:

  270. Tex. Education Code Sec. 61.907. ACCEPTANCE OF FUNDS. The board may accept gifts, grants, and donations for the purposes of this subchapter.

  271. Tex. Education Code Sec. 61.908. RULES.

  272. Tex. Education Code Sec. 61.909. TOTAL AMOUNT OF REPAYMENT ASSISTANCE. The total amount of repayment assistance distributed by the board under this subchapter may not exceed the total amount of gifts and grants accepted by the board for repayment assistance, dental school tuition set aside under Section 61.910, legislative appropriations for repayment assistance, and other funds available to the board for purposes of this subchapter.

  273. Tex. Education Code Sec. 61.910. DENTAL SCHOOL TUITION SET ASIDE FOR CERTAIN LOAN REPAYMENTS.

  274. Tex. Education Code Sec. 61.951. REPAYMENT ASSISTANCE AUTHORIZED.

  275. Tex. Education Code Sec. 61.952. ELIGIBILITY. To be eligible to receive repayment assistance, an attorney must:

  276. Tex. Education Code Sec. 61.953. LIMITATIONS.

  277. Tex. Education Code Sec. 61.954. ELIGIBLE LOANS.

  278. Tex. Education Code Sec. 61.955. REPAYMENT.

  279. Tex. Education Code Sec. 61.956. ADVISORY COMMITTEE. The board may appoint an advisory committee to assist the board in performing the board's duties under this subchapter.

  280. Tex. Education Code Sec. 61.957. ACCEPTANCE OF GIFTS. The board may solicit and accept gifts, grants, and donations for the purposes of this subchapter.

  281. Tex. Education Code Sec. 61.958. RULES.

  282. Tex. Education Code Sec. 61.9601. DEFINITION. In this subchapter, "rural county" means a county with a population of 50,000 or less.

  283. Tex. Education Code Sec. 61.9602. REPAYMENT ASSISTANCE AUTHORIZED.

  284. Tex. Education Code Sec. 61.9603. ELIGIBILITY. To be eligible to receive repayment assistance, an attorney must:

  285. Tex. Education Code Sec. 61.9604. ELIGIBLE LOANS.

  286. Tex. Education Code Sec. 61.9605. AGREEMENT.

  287. Tex. Education Code Sec. 61.9606. REPAYMENT.

  288. Tex. Education Code Sec. 61.9607. ADVISORY COMMITTEE. The board may appoint an advisory committee from outside the board's membership to assist the board in performing the board's duties under this subchapter.

  289. Tex. Education Code Sec. 61.9608. FUNDING.

  290. Tex. Education Code Sec. 61.9609. RULES.

  291. Tex. Education Code Sec. 61.9621. DEFINITION. In this subchapter, "professional nursing program" means an educational program offered by a public or private institution of higher education for preparing students for initial licensure as registered nurses.

  292. Tex. Education Code Sec. 61.9622. PROGRAM. A professional nursing shortage reduction program is established. The board shall administer the professional nursing shortage reduction program to make grants to professional nursing programs and other entities involved with a professional nursing program in the preparation of students for initial licensure as registered nurses in order to increase the number and types of registered nurses to meet the needs for registered nurses in the state.

  293. Tex. Education Code Sec. 61.9623. GRANTS.

  294. Tex. Education Code Sec. 61.96231. NURSING FACULTY ENHANCEMENT GRANTS.

  295. Tex. Education Code Sec. 61.96232. GRANTS TO INCREASE NUMBER OF GRADUATES: APPLICATION PROCESS.

  296. Tex. Education Code Sec. 61.96233. NEW PROFESSIONAL NURSING PROGRAMS.

  297. Tex. Education Code Sec. 61.9624. ADMINISTRATION. The board shall adopt rules for the administration of the professional nursing shortage reduction program. The board shall grant funds under Sections 61.9623(a)(1)(A) and

  298. Tex. Education Code Sec. 61.9625. GRANTS, GIFTS, AND DONATIONS. In addition to funds appropriated by the legislature, the board may solicit, receive, and spend grants, gifts, and donations from public or private sources for the purposes of this subchapter.

  299. Tex. Education Code Sec. 61.9626. ANNUAL REPORT.

  300. Tex. Education Code Sec. 61.9627. DISBURSEMENT AND ACCOUNTING OF APPROPRIATED FUNDS.

  301. Tex. Education Code Sec. 61.9628. ADMINISTRATIVE COSTS. A reasonable amount, not to exceed five percent, of the money appropriated by the legislature to increase enrollments in professional nursing programs may be used by the board to pay administrative costs of implementing this subchapter or administering the money.

  302. Tex. Education Code Sec. 61.9629. CONTINUED ELIGIBILITY OF PROGRAMS TO RECEIVE GRANTS. Notwithstanding Section 61.9621, a professional nursing program offered by an entity other than a public or private or independent institution of higher education that was eligible to receive grants from a program under this subchapter before September 1, 2009, remains eligible to receive a grant from such a program if the entity meets all criteria for a grant other than the criterion of being a program offered by an institution of higher education.

  303. Tex. Education Code Sec. 61.9641. DEFINITIONS. In this subchapter:

  304. Tex. Education Code Sec. 61.9642. CLINICAL SITE NURSE PRECEPTOR GRANT PROGRAM.

  305. Tex. Education Code Sec. 61.9643. CLINICAL SITE INNOVATION AND COORDINATION PROGRAM. The board shall establish and administer a program to award grants to eligible clinical sites that create and operate innovative pilot programs that will support nursing performed at clinical sites in this state by increasing the number of nurses, improving the working environment for nurses, improving the retention of nurses, addressing workplace safety, and coordinating with other clinical sites any solutions found to address common nursing concerns.

  306. Tex. Education Code Sec. 61.9644. NURSING FACULTY GRANT PROGRAM: PART-TIME POSITIONS.

  307. Tex. Education Code Sec. 61.9645. NURSING FACULTY GRANT PROGRAM: CLINICAL TRAINING.

  308. Tex. Education Code Sec. 61.9646. FUNDS.

  309. Tex. Education Code Sec. 61.9647. RULES. In consultation with the nursing advisory committee, the board shall adopt rules for the administration of the grant programs established under this subchapter. The rules must include:

  310. Tex. Education Code Sec. 61.9651. REPAYMENT AUTHORIZED. The board may provide, using funds appropriated for that purpose and in accordance with this subchapter and rules of the board, assistance in the repayment of student loans for dental hygienists who apply and qualify for the assistance.

  311. Tex. Education Code Sec. 61.9652. ELIGIBILITY. To be eligible to receive repayment assistance, a dental hygienist must:

  312. Tex. Education Code Sec. 61.9653. LIMITATION. A dental hygienist may receive repayment assistance grants for each of not more than five years.

  313. Tex. Education Code Sec. 61.9654. ELIGIBLE LOANS.

  314. Tex. Education Code Sec. 61.9655. REPAYMENT.

  315. Tex. Education Code Sec. 61.9656. ADVISORY COMMITTEES. The board may:

  316. Tex. Education Code Sec. 61.9657. ACCEPTANCE OF GIFTS AND GRANTS. The board may accept gifts, grants, and donations for the purposes of this subchapter.

  317. Tex. Education Code Sec. 61.9658. RULES.

  318. Tex. Education Code Sec. 61.9659. TOTAL AMOUNT OF REPAYMENT ASSISTANCE. The total amount of repayment assistance distributed by the board under this subchapter may not exceed the total amount of gifts and grants accepted by the board for repayment assistance, tuition set aside under Section 61.9660, legislative appropriations for repayment assistance, and other funds available to the board for purposes of this subchapter.

  319. Tex. Education Code Sec. 61.9660. TUITION SET ASIDE FOR CERTAIN LOAN REPAYMENTS.

  320. Tex. Education Code Sec. 61.9681. PURPOSE. The purpose of this subchapter is to:

  321. Tex. Education Code Sec. 61.9682. DEFINITION. In this subchapter, "fund" means the Texas Fund for Geography Education.

  322. Tex. Education Code Sec. 61.9683. FUND; GRANTS.

  323. Tex. Education Code Sec. 61.9684. GEOGRAPHY EDUCATION ADVISORY COMMITTEE.

  324. Tex. Education Code Sec. 61.9701. PUBLIC AWARENESS CAMPAIGN.

  325. Tex. Education Code Sec. 61.9702. TARGET AUDIENCE.

  326. Tex. Education Code Sec. 61.9703. COORDINATION WITH OTHER ENTITIES. The board shall coordinate with the Texas Education Agency, the P-16 Council established under Section 61.076, and other appropriate entities, including regional P-16 councils and businesses, to implement the public awareness campaign.

  327. Tex. Education Code Sec. 61.9704. FUNDING. The board may use any available revenue, including legislative appropriations, and may solicit and accept gifts, grants, and donations to undertake the campaign.

  328. Tex. Education Code Sec. 61.9705. SALE OF PROMOTIONAL ITEMS AND MEDIA AND TRAINING MATERIALS.

  329. Tex. Education Code Sec. 61.9721. REPAYMENT ASSISTANCE AUTHORIZED.

  330. Tex. Education Code Sec. 61.9722. ELIGIBILITY. To be eligible to receive repayment assistance, an attorney must:

  331. Tex. Education Code Sec. 61.9724. MAXIMUM AMOUNT OF REPAYMENT ASSISTANCE.

  332. Tex. Education Code Sec. 61.9725. ELIGIBLE LOANS.

  333. Tex. Education Code Sec. 61.9726. REPAYMENT.

  334. Tex. Education Code Sec. 61.9727. ASSISTANCE AVAILABLE TO BOARD. The board may:

  335. Tex. Education Code Sec. 61.9728. ACCEPTANCE OF FUNDS. The board may solicit and accept gifts, grants, and donations for the purposes of this subchapter.

  336. Tex. Education Code Sec. 61.9729. RULES.

  337. Tex. Education Code Sec. 61.9730. TOTAL AMOUNT OF REPAYMENT ASSISTANCE. The total amount of repayment assistance distributed by the board under this subchapter may not exceed the total amount available for the program under Section 61.9732.

  338. Tex. Education Code Sec. 61.9732. LIMITATIONS ON FUNDING. The loan repayment program under this subchapter may be funded only from:

  339. Tex. Education Code Sec. 61.9751. DEFINITIONS. In this subchapter:

  340. Tex. Education Code Sec. 61.9752. PROGRAM: ESTABLISHMENT; ADMINISTRATION; PURPOSE.

  341. Tex. Education Code Sec. 61.9753. GRANTS: CONDITIONS; LIMITATIONS.

  342. Tex. Education Code Sec. 61.9754. PRIORITY FOR FUNDING. In awarding a grant under this subchapter, the board shall give priority to a hospital-based nursing education partnership that submits a proposal that:

  343. Tex. Education Code Sec. 61.9755. GRANTS, GIFTS, AND DONATIONS. In addition to money appropriated by the legislature, the board may solicit, receive, and spend grants, gifts, and donations from any public or private source for the purposes of this subchapter.

  344. Tex. Education Code Sec. 61.9756. RULES. The board shall adopt rules for the administration of the Texas hospital-based nursing education partnership grant program. The rules must include:

  345. Tex. Education Code Sec. 61.9757. APPROVAL AS NURSING EDUCATION PILOT PROGRAM. The board and the Texas Board of Nursing shall establish a single application process under which a hospital-based nursing education partnership may apply both for approval as a pilot program under Section 301.1605, Occupations Code, and for a grant under this subchapter.

  346. Tex. Education Code Sec. 61.9758. REPORTING REQUIREMENTS.

  347. Tex. Education Code Sec. 61.9759. ADMINISTRATIVE COSTS. A reasonable amount, not to exceed three percent, of any money appropriated for purposes of this subchapter may be used to pay the costs of administering this subchapter.

  348. Tex. Education Code Sec. 61.9771. SCHOLARSHIP PROGRAM; SCHOLARSHIP AMOUNT.

  349. Tex. Education Code Sec. 61.9772. ELIGIBILITY; NOMINATION AND SELECTION.

  350. Tex. Education Code Sec. 61.9773. AGREEMENT REQUIREMENTS.

  351. Tex. Education Code Sec. 61.97731. NOTICE REGARDING MINIMUM AND REQUIRED ROTC TRAINING. The board shall post on the board's Internet website and provide to each student before the student enters into an agreement with the board under Section 61.9773 information regarding the number of years of ROTC training that each entity described by Section 61.9773(a)(3) requires or recommends before entering into a commitment or contract described by that subdivision.

  352. Tex. Education Code Sec. 61.9774. RULES. The board shall adopt rules as necessary for the administration of this subchapter, including rules regarding the eligibility criteria and the selection of scholarship recipients.

  353. Tex. Education Code Sec. 61.9775. LIMITATIONS ON SCHOLARSHIP. A person may not receive a scholarship under this subchapter for more than four academic years.

  354. Tex. Education Code Sec. 61.9776. FUNDING. The board shall administer this subchapter using available appropriations and gifts, grants, and donations made for the purposes of this subchapter.

  355. Tex. Education Code Sec. 61.9777. SCHOLARSHIP COORDINATOR. The board shall designate an employee of the board to serve as a scholarship coordinator for scholarships awarded under this subchapter. The scholarship coordinator shall:

  356. Tex. Education Code Sec. 61.9791. DEFINITION. In this subchapter, "STEM program" means a Science, Technology, Engineering, and Mathematics program.

  357. Tex. Education Code Sec. 61.9792. SCHOLARSHIP PROGRAM. The board shall establish and administer, in accordance with this subchapter and board rules, the Texas Science, Technology, Engineering, and Mathematics (T-STEM) Challenge Scholarship program under which the board provides a scholarship to a student who meets the eligibility criteria prescribed by Section 61.9793.

  358. Tex. Education Code Sec. 61.9793. ELIGIBLE STUDENT.

  359. Tex. Education Code Sec. 61.9794. ELIGIBLE INSTITUTION.

  360. Tex. Education Code Sec. 61.9795. AMOUNT; FUNDING.

  361. Tex. Education Code Sec. 61.9801. DEFINITIONS. In this subchapter:

  362. Tex. Education Code Sec. 61.9802. PROGRAM: ESTABLISHMENT; ADMINISTRATION; PURPOSE.

  363. Tex. Education Code Sec. 61.9803. GRANTS: CONDITIONS; LIMITATIONS.

  364. Tex. Education Code Sec. 61.9804. PRIORITY FOR FUNDING. In awarding a grant under this subchapter, the board shall give priority to an emergency and trauma care education partnership that submits a proposal that:

  365. Tex. Education Code Sec. 61.9805. GRANTS, GIFTS, AND DONATIONS. In addition to money appropriated by the legislature, the board may solicit, accept, and spend grants, gifts, and donations from any public or private source for the purposes of this subchapter.

  366. Tex. Education Code Sec. 61.9806. RULES. The board shall adopt rules for the administration of the Texas emergency and trauma care education partnership program. The rules must include:

  367. Tex. Education Code Sec. 61.9807. ADMINISTRATIVE COSTS. A reasonable amount, not to exceed three percent, of any money appropriated for purposes of this subchapter may be used to pay the costs of administering this subchapter.

  368. Tex. Education Code Sec. 61.9811. DEFINITIONS. In this subchapter:

  369. Tex. Education Code Sec. 61.9812. REPAYMENT ASSISTANCE AUTHORIZED. The board shall provide, in accordance with this subchapter and board rules, assistance in the repayment of student loans for speech-language pathologists and audiologists who apply and qualify for assistance.

  370. Tex. Education Code Sec. 61.9813. ELIGIBILITY.

  371. Tex. Education Code Sec. 61.9814. LIMITATION.

  372. Tex. Education Code Sec. 61.9815. ELIGIBLE LOANS. The board may provide repayment assistance for the repayment of any student loan, as defined by board rule, for education at any public or private institution of higher education in or outside of this state received by an eligible speech-language pathologist or audiologist.

  373. Tex. Education Code Sec. 61.9816. REPAYMENT.

  374. Tex. Education Code Sec. 61.9817. ADVISORY COMMITTEES. The board may appoint advisory committees to assist the board in administering this subchapter.

  375. Tex. Education Code Sec. 61.9818. PROGRAM FUNDING. The program may be funded solely from gifts, grants, and donations solicited and accepted by the board for the purposes of this subchapter.

  376. Tex. Education Code Sec. 61.9819. RULES.

  377. Tex. Education Code Sec. 61.9821. REPAYMENT AUTHORIZED. The board shall establish and administer a program to provide, in accordance with this subchapter and board rules, assistance in the repayment of student loans for nurses who:

  378. Tex. Education Code Sec. 61.9822. ELIGIBILITY. To be eligible to receive loan repayment assistance under this subchapter, a nurse must:

  379. Tex. Education Code Sec. 61.9823. LIMITATIONS.

  380. Tex. Education Code Sec. 61.9824. ELIGIBLE LOANS.

  381. Tex. Education Code Sec. 61.9825. REPAYMENT.

  382. Tex. Education Code Sec. 61.9826. REALLOCATION OF MONEY.

  383. Tex. Education Code Sec. 61.9827. GIFTS AND GRANTS. The board may solicit and accept gifts and grants from any source for the purposes of this subchapter.

  384. Tex. Education Code Sec. 61.9828. RULES.

  385. Tex. Education Code Sec. 61.9831. LOAN REPAYMENT ASSISTANCE AUTHORIZED. The board shall provide, in accordance with this subchapter and board rules, assistance in the repayment of eligible student loans for eligible persons who agree to teach mathematics or science for a specified period in public schools.

  386. Tex. Education Code Sec. 61.9832. ELIGIBILITY; AGREEMENT REQUIREMENTS.

  387. Tex. Education Code Sec. 61.9833. AWARD.

  388. Tex. Education Code Sec. 61.9834. EXCEPTION TO CONSECUTIVE YEARS OF EMPLOYMENT REQUIREMENT. The board shall excuse an otherwise eligible person from a requirement imposed by Section 61.9832 that the employment qualifying the person for loan repayment assistance be performed in consecutive years if the break in employment is a result of the person's:

  389. Tex. Education Code Sec. 61.9835. ELIGIBLE LOANS.

  390. Tex. Education Code Sec. 61.9836. PAYMENT OF ASSISTANCE.

  391. Tex. Education Code Sec. 61.9837. MATHEMATICS AND SCIENCE TEACHER INVESTMENT FUND.

  392. Tex. Education Code Sec. 61.9838. AMOUNT OF LOAN REPAYMENT ASSISTANCE.

  393. Tex. Education Code Sec. 61.9839. REPAYMENT BASED ON CONTINUING EMPLOYMENT.

  394. Tex. Education Code Sec. 61.9840. RULES. The board shall adopt rules necessary for the administration of this subchapter, including a rule providing for:

  395. Tex. Education Code Sec. 61.9841. APPLICATION FORM.

  396. Tex. Education Code Sec. 61.9951. DEFINITION. In this subchapter, "peace officer" has the meaning assigned by Article 2A.001, Code of Criminal Procedure.

  397. Tex. Education Code Sec. 61.9952. LOAN REPAYMENT ASSISTANCE AUTHORIZED; PURPOSE. The board shall establish and administer a program to provide, in accordance with this subchapter and board rules, loan repayment assistance in the repayment of eligible loans for eligible persons who agree to continued employment as full-time peace officers in this state for a specified period.

  398. Tex. Education Code Sec. 61.9953. INITIAL ELIGIBILITY. To be eligible to receive loan repayment assistance under this subchapter for the first year for which the person seeks loan repayment assistance, a person must:

  399. Tex. Education Code Sec. 61.9954. CONTINUING ELIGIBILITY.

  400. Tex. Education Code Sec. 61.9955. AWARD.

  401. Tex. Education Code Sec. 61.9956. ELIGIBLE LOANS.

  402. Tex. Education Code Sec. 61.9957. PAYMENT OF LOAN REPAYMENT ASSISTANCE.

  403. Tex. Education Code Sec. 61.9958. GIFTS, GRANTS, AND DONATIONS. The board may solicit and accept gifts, grants, and other donations from any public or private source for the purposes of this subchapter.

  404. Tex. Education Code Sec. 61.9959. RULES; POSTING REQUIRED.

  405. Tex. Education Code Sec. 61.9965. RURAL VETERINARIAN INCENTIVE PROGRAM ACCOUNT.

  406. Tex. Education Code Sec. 61.9991. BEHAVIORAL HEALTH INNOVATION GRANT PROGRAM. Subject to available funds, the board shall establish an innovation grant program under which the board awards incentive payments to institutions of higher education that administer innovative recruitment, training, and retention programs designed to increase the number of mental health professionals, as defined by Section 61.601, or professionals in related fields, as determined by the board, including by providing a salary increase or stipend to a faculty member who provides instruction to additional students in a degree or certificate program that graduates those professionals.

  407. Tex. Education Code Sec. 61.9992. FEDERAL FUNDS AND GIFTS, GRANTS, AND DONATIONS. In addition to other money appropriated by the legislature, for the purpose of increasing the behavioral health workforce in this state under the program established under this subchapter the board may:

  408. Tex. Education Code Sec. 61.9993. RULES.

  409. Tex. Education Code Sec. 61.9994. AWARD OF GRANTS. In awarding grants under the program, the board shall give priority to applicants that propose to:

  410. Tex. Education Code Sec. 61.9995. GRANT AMOUNT. The amount of a grant awarded under this subchapter may not exceed $1 million.

  411. Tex. Education Code Sec. 61.9996. REPORTING REQUIREMENTS. An institution of higher education that receives a grant awarded under this subchapter shall submit to the board an annual report on the amounts and purposes for which grant funds were spent during the year covered by the report.

  412. Tex. Education Code Sec. 61.9997. ADMINISTRATIVE COSTS. A reasonable amount, not to exceed five percent, of any general revenue appropriated for purposes of this subchapter may be used by the board to pay the costs of administering this subchapter.

Chapter 62

  1. Tex. Education Code Sec. 62.001. SHORT TITLE. This chapter may be cited as "The Excellence in Higher Education Act" of 1985.

  2. Tex. Education Code Sec. 62.002. PURPOSE. Through equitable allocation of the annual appropriation mandated by Article VII, Section 17(a), of the Constitution of Texas, the purpose of this chapter is to provide to the governing boards of the institutions and agencies of higher education eligible to participate in the distribution of funds pursuant to Article VII, Section 17, of the Constitution of Texas, the means to create and maintain a degree of excellence at the respective institutions and agencies of higher education that is above and apart from the normal appropriative formulas established by the Coordinating Board, Texas College and University System.

  3. Tex. Education Code Sec. 62.003. DEFINITIONS. In this chapter:

  4. Tex. Education Code Sec. 62.021. ALLOCATIONS.

  5. Tex. Education Code Sec. 62.022. ALLOCATION FORMULA.

  6. Tex. Education Code Sec. 62.023. SEVERABILITY. If any provision of this chapter or the application thereof under any circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

  7. Tex. Education Code Sec. 62.024. AMOUNT OF ALLOCATION INCREASED. In accordance with Section 17(a), Article VII, Texas Constitution, for each state fiscal year beginning with the state fiscal year ending August 31, 2026, the amount of the annual constitutional appropriation under that subsection is increased to $590,625,000.

  8. Tex. Education Code Sec. 62.027. EFFECT OF LEGISLATION.

  9. Tex. Education Code Sec. 62.051. DEFINITIONS. In this subchapter:

  10. Tex. Education Code Sec. 62.052. PURPOSE. The purpose of this subchapter is to provide funding to eligible research universities to support faculty to ensure excellence in instruction and research.

  11. Tex. Education Code Sec. 62.053. FUND.

  12. Tex. Education Code Sec. 62.0535. INITIAL CONTRIBUTION. For the first state fiscal biennium in which an eligible institution receives an appropriation under this subchapter, the institution's other general revenue appropriations shall be reduced by $5 million for the biennium or the amount of the institution's appropriation under this subchapter for the biennium. The bill making the appropriation must expressly identify the purpose for which the appropriations were reduced in accordance with this section.

  13. Tex. Education Code Sec. 62.071. DEFINITIONS. In this subchapter:

  14. Tex. Education Code Sec. 62.072. FUNDING.

  15. Tex. Education Code Sec. 62.073. RULES. The coordinating board shall adopt rules for the administration of this subchapter, including any rules the coordinating board considers necessary regarding the submission to the coordinating board by eligible institutions of any student data required for the coordinating board to carry out its duties under this subchapter.

  16. Tex. Education Code Sec. 62.091. PURPOSE. The Texas comprehensive research fund is established to provide funding to promote increased research capacity at eligible general academic teaching institutions.

  17. Tex. Education Code Sec. 62.092. DEFINITIONS. In this subchapter:

  18. Tex. Education Code Sec. 62.093. FUNDING. The Texas comprehensive research fund consists of money appropriated by the legislature to eligible institutions for the purposes of this subchapter.

  19. Tex. Education Code Sec. 62.095. APPROPRIATION OF FUND TO ELIGIBLE INSTITUTIONS. In each state fiscal year, amounts shall be appropriated to eligible institutions in the same manner that research performance funding is appropriated to institutions eligible to receive funding from the Texas University Fund under Section 62.1482(a).

  20. Tex. Education Code Sec. 62.096. VERIFICATION.

  21. Tex. Education Code Sec. 62.097. USE OF APPROPRIATED AMOUNTS.

  22. Tex. Education Code Sec. 62.098. ANNUAL REPORT.

  23. Tex. Education Code Sec. 62.131. PURPOSE. The national research support fund is established to provide funding to promote increased research capacity at certain institutions of higher education eligible to participate in the available university fund.

  24. Tex. Education Code Sec. 62.132. DEFINITIONS. In this subchapter:

  25. Tex. Education Code Sec. 62.133. FUNDING. The national research support fund consists of money appropriated by the legislature to eligible institutions for the purposes of this subchapter.

  26. Tex. Education Code Sec. 62.1335. ELIGIBILITY TO RECEIVE DISTRIBUTIONS FROM FUND.

  27. Tex. Education Code Sec. 62.134. APPROPRIATION OF FUND TO ELIGIBLE INSTITUTIONS. In each state fiscal year, amounts shall be appropriated to eligible institutions in the same manner that research performance funding is appropriated to institutions eligible to receive funding from the Texas University Fund under Section 62.1482.

  28. Tex. Education Code Sec. 62.135. VERIFICATION.

  29. Tex. Education Code Sec. 62.136. USE OF APPROPRIATED AMOUNTS.

  30. Tex. Education Code Sec. 62.137. ANNUAL REPORT.

  31. Tex. Education Code Sec. 62.141. PURPOSE. The purpose of this subchapter is to allocate appropriations from the Texas University Fund to provide a dedicated, independent, and equitable source of funding to enable certain general academic teaching institutions to achieve national prominence as major research universities and drive the state economy.

  32. Tex. Education Code Sec. 62.142. DEFINITIONS. In this subchapter:

  33. Tex. Education Code Sec. 62.143. ADMINISTRATION AND INVESTMENT OF FUND.

  34. Tex. Education Code Sec. 62.144. FUNDING.

  35. Tex. Education Code Sec. 62.145. ELIGIBILITY TO RECEIVE DISTRIBUTIONS FROM FUND.

  36. Tex. Education Code Sec. 62.148. DISTRIBUTION OF APPROPRIATED FUNDS TO ELIGIBLE INSTITUTIONS.

  37. Tex. Education Code Sec. 62.1481. PERMANENT ENDOWMENT FOR EDUCATION AND RESEARCH BASE FUNDING.

  38. Tex. Education Code Sec. 62.1482. RESEARCH PERFORMANCE FUNDING.

  39. Tex. Education Code Sec. 62.149. USE OF ALLOCATED AMOUNTS.

  40. Tex. Education Code Sec. 62.150. INSTITUTIONAL ENDOWMENT REPORTING.

  41. Tex. Education Code Sec. 62.151. DETERMINATION AND REPORT OF AMOUNT OF DISTRIBUTIONS. For each state fiscal biennium, the Legislative Budget Board, in consultation with the coordinating board, shall:

  42. Tex. Education Code Sec. 62.152. RULES. The coordinating board may adopt rules as necessary to implement this subchapter.

  43. Tex. Education Code Sec. 62.161. DEFINITIONS. In this subchapter:

  44. Tex. Education Code Sec. 62.162. ADMINISTRATION OF INITIATIVE.

  45. Tex. Education Code Sec. 62.163. MATCHING GRANTS TO RECRUIT DISTINGUISHED RESEARCHERS.

  46. Tex. Education Code Sec. 62.164. GRANT AWARD CRITERIA; PRIORITIES.

  47. Tex. Education Code Sec. 62.165. GOVERNOR'S UNIVERSITY RESEARCH INITIATIVE FUND.

  48. Tex. Education Code Sec. 62.166. WINDING UP OF CONTRACTS AND AWARDS IN CONNECTION WITH TEXAS EMERGING TECHNOLOGY FUND.

  49. Tex. Education Code Sec. 62.167. CONFIDENTIALITY OF INFORMATION CONCERNING AWARDS FROM TEXAS EMERGING TECHNOLOGY FUND.

  50. Tex. Education Code Sec. 62.168. REPORTING REQUIREMENT.

  51. Tex. Education Code Sec. 62.169. ADVISORY BOARD.

  52. Tex. Education Code Sec. 62.181. DEFINITIONS. In this subchapter:

  53. Tex. Education Code Sec. 62.182. PURPOSE. The purpose of this subchapter is to provide funding to each eligible institution to support the institution in serving at-risk students, helping meet the state's workforce needs, and enhancing the institution's regional economy.

  54. Tex. Education Code Sec. 62.183. FUNDING.

Chapter 63

  1. Tex. Education Code Sec. 63.001. PERMANENT HEALTH FUND FOR HIGHER EDUCATION.

  2. Tex. Education Code Sec. 63.002. ADMINISTRATION AND USE OF FUND.

  3. Tex. Education Code Sec. 63.0025. REQUIRED NUTRITION CURRICULUM. A health-related institution of higher education listed in Section 63.002(c) is eligible for distribution of money under this subchapter only if the institution:

  4. Tex. Education Code Sec. 63.003. ALLOCATION OF DISTRIBUTION.

  5. Tex. Education Code Sec. 63.101. CREATION OF FUNDS.

  6. Tex. Education Code Sec. 63.102. ADMINISTRATION AND USE OF FUNDS.

  7. Tex. Education Code Sec. 63.103. REQUIRED NUTRITION CURRICULUM. A health-related institution of higher education listed in Section 63.101(a) is eligible for distribution of money from a fund established under this subchapter only if the institution:

  8. Tex. Education Code Sec. 63.201. PERMANENT FUND FOR HIGHER EDUCATION NURSING, ALLIED HEALTH, AND OTHER HEALTH-RELATED PROGRAMS.

  9. Tex. Education Code Sec. 63.202. ADMINISTRATION AND USE OF FUND.

  10. Tex. Education Code Sec. 63.2025. REQUIRED NUTRITION CURRICULUM. A health-related institution providing graduate medical education is eligible for a grant award under this subchapter only if the institution:

  11. Tex. Education Code Sec. 63.203. REPORTING REQUIREMENT. The Texas Higher Education Coordinating Board shall provide a report on the permanent fund established under this subchapter to the Legislative Budget Board no later than November 1 of each year. The report shall include the total amount of money distributed from the fund, the names of the institutions receiving grants, the purpose for which the grants were used, and any additional information that may be requested by the Legislative Budget Board.

  12. Tex. Education Code Sec. 63.301. PERMANENT FUND FOR MINORITY HEALTH RESEARCH AND EDUCATION.

  13. Tex. Education Code Sec. 63.302. ADMINISTRATION AND USE OF FUND.

  14. Tex. Education Code Sec. 63.303. REQUIRED NUTRITION CURRICULUM. A health-related institution providing graduate medical education is eligible for a grant award under this subchapter only if the institution:

Chapter 65

  1. Tex. Education Code Sec. 65.01. DEFINITIONS. In this chapter:

  2. Tex. Education Code Sec. 65.02. ORGANIZATION.

  3. Tex. Education Code Sec. 65.11. BOARD OF REGENTS. The government of the university system is vested in a board of nine regents appointed by the governor with the advice and consent of the senate. The board may provide for the administration, organization, and names of the institutions and entities in The University of Texas System in such a way as will achieve the maximum operating efficiency of such institutions and entities, provided, however, that no institution or entity of The University of Texas System not authorized by specific legislative act to offer a four-year undergraduate program as of the effective date of this Act shall offer any such four-year undergraduate program without prior recommendation and approval by a two-thirds vote of the Texas Higher Education Coordinating Board and a specific act of the Legislature.

  4. Tex. Education Code Sec. 65.12. QUALIFICATIONS; TERMS. Each member of the board shall be a qualified voter; and the members shall be selected from different portions of the state. The members hold office for staggered terms of six years, with the terms of three expiring February 1 of odd-numbered years.

  5. Tex. Education Code Sec. 65.13. BOARD OFFICERS. The board shall elect a chairman from its members to serve at the will of the board. The comptroller shall be the treasurer of the university system.

  6. Tex. Education Code Sec. 65.14. EXPENSES. The reasonable expenses incurred by members of the board in the discharge of their duties shall be paid from the available university fund.

  7. Tex. Education Code Sec. 65.15. SEAL. The board may make and use a common seal and may alter it at will.

  8. Tex. Education Code Sec. 65.16. SYSTEM CENTRAL ADMINISTRATION OFFICE; EXECUTIVE OFFICER.

  9. Tex. Education Code Sec. 65.31. GENERAL POWERS AND DUTIES.

  10. Tex. Education Code Sec. 65.32. REMOVAL OF OFFICERS, ETC. The board may remove any officer, member of the faculty, or employee connected with the system when in its judgment the interest of the system requires the removal.

  11. Tex. Education Code Sec. 65.33. EMINENT DOMAIN.

  12. Tex. Education Code Sec. 65.34. CONTRACTS. A contract must be approved by the board or otherwise entered into in accordance with rules of the board relating to contracting authority.

  13. Tex. Education Code Sec. 65.35. EXPENDITURES. All expenditures may be made by the order of the board and shall be paid on warrants from the comptroller based on vouchers approved by the chairman of the board or his delegate, or by the institutional head or his delegate of the component institution making the expenditures.

  14. Tex. Education Code Sec. 65.36. DONATIONS FOR PROFESSORSHIPS AND SCHOLARSHIPS.

  15. Tex. Education Code Sec. 65.37. FUNDS RECEIVED FOR TRUST SERVICES. The board may deposit in an appropriate university account all funds received as administrative fees or charges for services rendered in the management and administration of any trust estate under the control of the university system or any institution of the system. The funds so received as administrative fees or charges may be expended by the board for any educational purpose of the university system.

  16. Tex. Education Code Sec. 65.38. NONSECTARIAN. No religious qualification shall be required for admission to any office or privilege in the university system. No course of instruction of a sectarian character shall be taught in the system.

  17. Tex. Education Code Sec. 65.39. MANAGEMENT OF LANDS OTHER THAN PERMANENT UNIVERSITY FUND LANDS. The board of regents of The University of Texas System has the sole and exclusive management and control of the lands set aside and appropriated to, or acquired by, The University of Texas System. The board may sell, lease, and otherwise manage, control, and use the lands in any manner and at prices and under terms and conditions the board deems best for the interest of The University of Texas System, not in conflict with the constitution. However, the land shall not be sold at a price less per acre than that at which the same class of other public land may be sold under the statutes. No grazing lease shall be made for a period of more than 10 years.

  18. Tex. Education Code Sec. 65.40. M.D. ANDERSON SCIENCE PARK.

  19. Tex. Education Code Sec. 65.41. MEDICAL SCHOOL ADMISSION POLICIES. The Board of Regents shall promulgate appropriate rules and regulations pertaining to the admission of students to medical schools which will provide for admission of those students to its entering class each year who are equally or as well qualified as all other students and who have entered a contract with or received a commitment for a stipend, grant, loan or scholarship from the State Rural Medical Education Board. The State Rural Medical Education Board may contract with medical students providing for such students to engage in a general or family practice of medicine for not less than four years after licensing and a period of medical residency, as determined by the rules and regulations established by the State Rural Medical Education Board, in cities of Texas which have a population of less than 5,000 or in rural areas, as that term may be defined by the State Rural Medical Education Board, and said Board is hereby given the authority to define and from time to time redefine the term rural area, at the time the medical practice is commenced. This contract shall provide for a monthly stipend of at least $100 to be granted by the State Rural Medical Education Board to each person under contract with the state while enrolled as a medical school student.

  20. Tex. Education Code Sec. 65.42. DELINQUENT ACCOUNTS; VENUE. A suit by The University of Texas System on its own behalf or on behalf of a component institution of The University of Texas System to recover a delinquent loan, account, or debt owed to The University of Texas System or a component institution of The University of Texas System must be brought in Travis County.

  21. Tex. Education Code Sec. 65.43. SALE OF OBSOLETE MEDICAL EQUIPMENT. The board shall have the authority to sell and transfer, after due notification by journal or mail, on fair and reasonable terms, to any hospital within the State of Texas operated by the state, a city, a county, a hospital district, a nonprofit corporation, or a tax-exempt charitable organization any medical equipment that has been in use at an institution or facility governed by the board and is obsolete with regard to the instructional objectives of The University of Texas System.

  22. Tex. Education Code Sec. 65.45. SCIENCE AND TECHNOLOGY DEVELOPMENT, MANAGEMENT, AND TRANSFER.

  23. Tex. Education Code Sec. 65.46. POWERS RELATED TO ISSUANCE OF BONDS AND NOTES.

  24. Tex. Education Code Sec. 65.461. BOND ENHANCEMENT AGREEMENTS.

Chapter 66

  1. Tex. Education Code Sec. 66.01. PERMANENT UNIVERSITY FUND. The composition, investment, purposes, and use of the permanent university fund are governed by Article VII, Sections 10, 11, 11a, 15, and 18, of the Texas Constitution.

  2. Tex. Education Code Sec. 66.02. AVAILABLE UNIVERSITY FUND. Distributions from the permanent university fund shall constitute the available university fund. All distributions from the permanent university fund shall be deposited in the State Treasury to the credit of the available university fund by the board of regents of The University of Texas System or by the custodian or custodians of the permanent university fund's securities. The University of Texas System shall provide the information necessary for the comptroller to accurately account for distributions from the permanent university fund and to protect state revenues. The system shall provide the information using the method, format, and frequency required by the comptroller.

  3. Tex. Education Code Sec. 66.04. VALIDITY OF BONDS PURCHASED BY BOARD. Whenever the board has purchased the bonds of any city, county, or municipality, approved by the attorney general, the certificate of the attorney general attesting their validity shall be admitted and received as prima facie evidence of the validity of the bonds; and in all cases in which the proceeds of the sale of these bonds have been received by the proper officers of the city, municipality, or county, or by the party acting for them in negotiating the sale of the bonds, the city, municipality, or county is thereafter estopped from denying the validity of the bonds and they shall be held to be valid and binding obligations. In the case of any bonds bought under this section, premium or discount shall be distributed over the life of the bonds.

  4. Tex. Education Code Sec. 66.05. REPORTS.

  5. Tex. Education Code Sec. 66.06. WRITTEN OBJECTIVES; PERFORMANCE EVALUATION.

  6. Tex. Education Code Sec. 66.07. CUSTODY AND INVESTMENT OF ASSETS PENDING TRANSACTIONS. With the approval of the comptroller, the board of regents of The University of Texas System may appoint one or more commercial banks, depository trust companies, or other entities to serve as a custodian or custodians of the permanent university fund's securities with authority to hold the money realized from those securities pending completion of an investment transaction if the money held is reinvested within one business day of receipt in investments determined by the board of regents. Money not reinvested within one business day of receipt shall be deposited in the state treasury not later than the fifth day after the date of receipt.

  7. Tex. Education Code Sec. 66.08. INVESTMENT MANAGEMENT.

  8. Tex. Education Code Sec. 66.09. COST VALUE OF INVESTMENTS AND OTHER ASSETS OF THE PERMANENT UNIVERSITY FUND. If substantially all of the assets of the permanent university fund are invested in an internal investment fund established by the board of regents of The University of Texas System, the cost value of the permanent university fund's investment in the commingled fund for the purpose of Sections 18(a) and (b), Article VII, Texas Constitution, shall be calculated by multiplying the permanent university fund's ownership percentage in the commingled fund by the commingled fund's net asset value at cost as determined by the board of regents. The permanent university fund's ownership percentage of the commingled fund shall be determined by dividing the permanent university fund's units of participation or shares by the total units or shares of the commingled fund.

  9. Tex. Education Code Sec. 66.21. REGISTRATION. All bonds and notes issued pursuant to the provisions of Article VII, Section 18, of the Texas Constitution, as originally adopted or as amended, shall be registered by the comptroller of public accounts after they have been approved by the attorney general.

  10. Tex. Education Code Sec. 66.22. REFUNDING BONDS AND NOTES. Any bonds or notes issued pursuant to the constitutional provisions described in Section 66.21 of this code, or issued pursuant to this subchapter, may be refunded by the governing board which issued the bonds or notes, upon such terms and conditions, including interest rates and maturities, as may be determined by that board, provided that such terms and conditions shall not be inconsistent with the applicable constitutional provisions. Any such bonds or notes may be so refunded by the issuance of refunding bonds or notes, either to be exchanged for the bonds or notes being refunded and cancelled, or to be sold, with the proceeds to be used for the redemption and cancellation of the bonds or notes being refunded.

  11. Tex. Education Code Sec. 66.23. REFUNDING BONDS AND NOTES: APPROVAL; REGISTRATION. All refunding bonds or notes authorized to be issued under this subchapter and the records relating to their issuance, including any proceedings relating to the redemption of any outstanding bonds or notes, shall be submitted to the attorney general for examination, and if he finds that they have been issued in accordance with law, he shall approve them, and then they shall be registered by the comptroller of public accounts, and after such approval and registration they shall be incontestable. When any such refunding bonds or notes are issued to be exchanged for any outstanding bonds or notes, the comptroller of public accounts shall register and deliver such refunding bonds on surrender for cancellation of the bonds or notes being refunded. When any such refunding bonds or notes are sold, with the proceeds to be used for redeeming any outstanding bonds or notes, the comptroller of public accounts shall register such refunding bonds or notes, even though the bonds or notes to be redeemed shall not have been surrendered for redemption or cancellation.

  12. Tex. Education Code Sec. 66.24. AUTHORIZED INVESTMENTS; SECURITY FOR DEPOSITS. All bonds and notes, whether original or refunding, issued pursuant to the constitutional provisions or issued pursuant to this subchapter, shall be fully negotiable instruments, and all bonds and notes are declared to be legal and authorized investments for banks, savings banks, trust companies, building and loan associations, savings and loan associations, insurance companies, fiduciaries, trustees, guardians, and for the sinking funds of cities, towns, villages, counties, school districts, and all other political corporations or subdivisions of the State of Texas; and the bonds and notes shall be eligible to secure the deposit of any and all public funds of the State of Texas, and any and all public funds of cities, towns, villages, counties, school districts, and all other political corporations or subdivisions of the State of Texas; and the bonds and notes shall be lawful and sufficient security for those deposits to the extent of their par value when accompanied by all unmatured coupons appurtenant to them.

  13. Tex. Education Code Sec. 66.25. TAX EXEMPT. The carrying out of the purposes of the constitutional provisions and of this subchapter will be performing an essential public function under the constitution, and all bonds and notes, whether original or refunding, heretofore or hereafter issued pursuant to the constitutional provisions or this subchapter, and their transfer and the income from them, including the profits made on their sale, shall at all times be free from taxation of this state.

  14. Tex. Education Code Sec. 66.41. MANAGEMENT OF UNIVERSITY LANDS. The board of regents of The University of Texas System has the sole and exclusive management and control of the lands set aside and appropriated to, or acquired by, the permanent university fund. The board may sell, lease, and otherwise manage, control, and use the lands in any manner and at prices and under terms and conditions the board deems best for the interest of the permanent university fund, not in conflict with the constitution. However, the land shall not be sold at a price less per acre than that at which the same class of other public land may be sold under the statutes. No grazing lease shall be made for a period of more than 10 years.

  15. Tex. Education Code Sec. 66.42. DUTY OF LAND COMMISSIONER. The commissioner of the general land office shall:

  16. Tex. Education Code Sec. 66.43. UNIVERSITY LANDS: SURVEYS; PERSONNEL.

  17. Tex. Education Code Sec. 66.44. MANAGEMENT OF MINERALS OTHER THAN OIL AND GAS. The board of regents has the sole and exclusive management and control of all minerals, other than oil and gas, in lands set aside and appropriated to, or acquired by the permanent university fund. The board may sell, lease, and otherwise manage and control the minerals, other than oil and gas, in those lands as may seem best to it for the interests of the permanent university fund. The board may also explore and have explored and developed the minerals and may make any contract or contracts with any person, association of persons, firm, or corporation for the exploration, development, mining, production, disposition, and sale of the minerals in those lands.

  18. Tex. Education Code Sec. 66.45. SOIL AND WATER CONSERVATION PLANS. Under each lease issued under this subchapter for agricultural or grazing purposes, the lessee shall be required to implement a soil and water conservation plan reviewed and approved by the board of regents of The University of Texas System under procedures adopted by the board. The board, in reviewing a plan, and the lessee, in implementing a plan, may be assisted by the United States Department of Agriculture Soil Conservation Service.

  19. Tex. Education Code Sec. 66.46. EASEMENTS ON UNIVERSITY LAND.

  20. Tex. Education Code Sec. 66.61. DEFINITIONS. In this subchapter:

  21. Tex. Education Code Sec. 66.62. BOARD FOR LEASE OF UNIVERSITY LANDS.

  22. Tex. Education Code Sec. 66.63. CERTAIN BOARD ACTIONS.

  23. Tex. Education Code Sec. 66.64. POWERS AND DUTIES OF THE BOARD.

  24. Tex. Education Code Sec. 66.65. BOARD STAFF; EXCHANGE OF INFORMATION WITH STATE AGENCIES.

  25. Tex. Education Code Sec. 66.66. LEASE SALES.

  26. Tex. Education Code Sec. 66.67. LEASE TERMS.

  27. Tex. Education Code Sec. 66.68. MARGINAL PROPERTY ROYALTY RATES.

  28. Tex. Education Code Sec. 66.69. AWARD OF LEASE.

  29. Tex. Education Code Sec. 66.70. ADDITIONAL LEASE PROVISIONS. An oil and gas lease issued under this subchapter shall include the provisions required by this subchapter and additional provisions not inconsistent herewith that the board may adopt to preserve the interests of the state. On submission of an application by all lessees under the lease in the form required by the board and payment of any applicable fee set by the board, the board may amend a lease that does not include provisions required by Sections 66.71, 66.72, and 66.73 to include those provisions in the form adopted by the board at the time the lease is amended.

  30. Tex. Education Code Sec. 66.71. LEASE PROVISIONS.

  31. Tex. Education Code Sec. 66.72. CESSATION OF PRODUCTION; DRILLING AND REWORKING. Each lease shall provide that in the event production of oil or gas on the leased premises, once obtained, shall cease for any cause within 60 days before the expiration of the primary term of the lease or at any time or times thereafter, the lease shall not terminate if the lessee commences additional drilling or reworking operations within 60 days thereafter, and the lease shall remain in full force and effect so long as such operations continue in good faith and in workmanlike manner, without interruptions, totalling more than 60 days during any one such operation; and if such drilling or reworking operations result in the production of oil and/or gas, the lease shall remain in full force and effect so long as oil or gas is produced therefrom in paying quantities or payment of shut-in gas well royalty or compensatory royalties is made as provided in this subchapter.

  32. Tex. Education Code Sec. 66.73. SHUT-IN ROYALTY. An oil and gas lease issued under this subchapter shall provide for the extension of the lease by the payment of shut-in royalties on terms as the board may adopt.

  33. Tex. Education Code Sec. 66.74. LEASE EXTENSION OR SUSPENSION.

  34. Tex. Education Code Sec. 66.75. PROTECTION FROM DRAINAGE; COMPENSATORY ROYALTIES.

  35. Tex. Education Code Sec. 66.76. ASSIGNMENT; RELINQUISHMENT.

  36. Tex. Education Code Sec. 66.77. ROYALTY PAYMENTS AND REPORTS.

  37. Tex. Education Code Sec. 66.78. INTEREST AND PENALTIES.

  38. Tex. Education Code Sec. 66.79. PAYMENT OF ROYALTY IN KIND.

  39. Tex. Education Code Sec. 66.80. RECORDS.

  40. Tex. Education Code Sec. 66.81. AUDIT INFORMATION CONFIDENTIAL.

  41. Tex. Education Code Sec. 66.82. FORFEITURE; OTHER REMEDIES.

  42. Tex. Education Code Sec. 66.83. LIEN; ABANDONED PERSONAL PROPERTY.

  43. Tex. Education Code Sec. 66.84. PAYMENTS; DISPOSITION. Payments under this subchapter shall be made to the board of regents, which shall:

Chapter 67

  1. Tex. Education Code Sec. 67.01. DEFINITIONS. In this chapter:

  2. Tex. Education Code Sec. 67.02. THE UNIVERSITY OF TEXAS AT AUSTIN. The University of Texas at Austin is a coeducational institution of higher education within The University of Texas System. It is under the management and control of the board of regents of The University of Texas System.

  3. Tex. Education Code Sec. 67.03. CAMPUS PEACE OFFICERS: CONCURRENT JURISDICTION.

  4. Tex. Education Code Sec. 67.22. MILITARY TRAINING. No student of the university shall ever be required to take a military training course as a condition for entrance into the university or for graduation from the university.

  5. Tex. Education Code Sec. 67.23. TEXAS MEMORIAL MUSEUM. The board has the management and control of the Texas Memorial Museum. It shall be maintained as a museum and shall be an integral part of The University of Texas at Austin.

  6. Tex. Education Code Sec. 67.24. RESEARCH AND EXPERIMENTATION FOR TEXAS DEPARTMENT OF TRANSPORTATION.

  7. Tex. Education Code Sec. 67.25. SESQUICENTENNIAL MUSEUM. The University of Texas at Austin may contract with the Texas Sesquicentennial Museum Board to operate the Texas Sesquicentennial Museum.

  8. Tex. Education Code Sec. 67.26. UNIVERSITY INTERSCHOLASTIC LEAGUE; VENUE FOR SUITS. Venue for suits brought against the University Interscholastic League or for suits involving the interpretation or enforcement of the rules or regulations of the University Interscholastic League shall be in Travis County, Texas. When the litigation involves a school district located within Travis County, it shall be heard by a visiting judge.

  9. Tex. Education Code Sec. 67.27. RESEARCH FACILITIES ON BALCONES TRACT.

  10. Tex. Education Code Sec. 67.51. UNIT OF UNIVERSITY. The University of Texas McDonald Observatory at Mount Locke is a part of and under the direction and control of The University of Texas at Austin.

  11. Tex. Education Code Sec. 67.52. PROGRAMS. The observatory shall conduct basic research in astronomy, along with optical and radio astronomy research, toward the establishment of a highly developed astronomy and space-science program, including the acquisition and support of the technical and maintenance staffs and facilities essential to the operation of an observatory of the first class, and may assist in the conduct of a comprehensive instructional program in astronomy and space science.

  12. Tex. Education Code Sec. 67.53. VISITOR CENTER. The board may negotiate and contract with the Texas Department of Transportation and any other agency, department, or political subdivision of the state or any individual for the construction, maintenance, and operation of a visitor center and related facilities at McDonald Observatory at Mount Locke.

  13. Tex. Education Code Sec. 67.61. UNIT OF UNIVERSITY. The University of Texas Marine Science Institute is a part of and under the direction and control of The University of Texas at Austin.

  14. Tex. Education Code Sec. 67.62. PROGRAMS, COURSES, FACILITIES. The institute shall conduct a comprehensive instructional program in marine science, resources, and engineering at the graduate level and offer undergraduate courses for those students interested in the marine environment, and perform basic and applied research in the marine environment; and may provide shore-based facilities, including, but not limited to, laboratories, boats, classrooms, dormitories, and a cafeteria for faculty and students who are engaged in studies of the marine environment.

  15. Tex. Education Code Sec. 67.71. DEFINITION. In this subchapter, "bureau" means The University of Texas Bureau of Economic Geology.

  16. Tex. Education Code Sec. 67.72. TEXNET TECHNICAL ADVISORY COMMITTEE.

  17. Tex. Education Code Sec. 67.73. IDENTIFICATION AND MAPPING OF AGGREGATE PRODUCTION OPERATIONS.

Chapter 68

  1. Tex. Education Code Sec. 68.01. DEFINITIONS. In this chapter:

  2. Tex. Education Code Sec. 68.02. THE UNIVERSITY OF TEXAS AT ARLINGTON. The University of Texas at Arlington is a four-year and graduate-level coeducational institution of higher education within The University of Texas System. It is under the management and control of the board of regents of The University of Texas System.

  3. Tex. Education Code Sec. 68.03. BUILDINGS. It is the intent of the legislature that future building needs of The University of Texas at Arlington shall be financed from some source or sources other than The University of Texas' share of the principal and/or interest of and from the Permanent University Fund.

  4. Tex. Education Code Sec. 68.06. ROLE AND SCOPE; COURSES AND DEGREES. The board is authorized to maintain, operate, and administer The University of Texas at Arlington as a general academic institution of higher education offering a standard four-year undergraduate program. The board shall have the authority to prescribe courses leading to such customary degrees as are offered at leading American universities and to award such degrees. It is the intent of the legislature that such degrees shall include baccalaureate, master's, and doctoral degrees and their equivalents; but no department, school, or degree program shall be instituted except with the prior approval of the Coordinating Board, Texas College and University System.

  5. Tex. Education Code Sec. 68.21. SUSTAINABLE WATER SUPPLY RESEARCH CENTER.

Chapter 69

  1. Tex. Education Code Sec. 69.01. DEFINITIONS. In this chapter:

  2. Tex. Education Code Sec. 69.02. THE UNIVERSITY OF TEXAS AT EL PASO. The University of Texas at El Paso is a coeducational institution of higher education within The University of Texas System. It is under the management and control of the board of regents of The University of Texas System.

  3. Tex. Education Code Sec. 69.21. ACQUISITION OF LAND. The board may acquire by purchase, exchange, or otherwise any tract or parcel of land in El Paso County that is contiguous or adjacent to the campus of the university when the board deems the land necessary for campus expansion.

  4. Tex. Education Code Sec. 69.22. CENTER FOR BORDER ECONOMIC AND ENTERPRISE DEVELOPMENT.

Chapter 70

  1. Tex. Education Code Sec. 70.01. UNIVERSITY AUTHORIZED. The Board of Regents of The University of Texas System shall establish and maintain a state-supported general academic institution of higher education to be known as The University of Texas at Dallas.

  2. Tex. Education Code Sec. 70.02. LOCATION. The board shall locate The University of Texas at Dallas on a site, to be selected in Dallas County, consisting of not less than 250 acres of land that shall be donated for that purpose without cost to the State of Texas. The site may extend into any county adjacent to Dallas County.

  3. Tex. Education Code Sec. 70.03. COURSES AND DEGREES.

  4. Tex. Education Code Sec. 70.04. RULES AND REGULATIONS; JOINT APPOINTMENTS. The board may adopt other rules and regulations for the operation, control, and management of the university that are necessary for the conduct of the university as one of the first class. The board is specifically authorized to make joint appointments in the university and in other institutions under its governance. The salary of any person who receives a joint appointment shall be apportioned to the appointing institutions on the basis of services rendered.

  5. Tex. Education Code Sec. 70.07. GRANTS AND GIFTS. The board may accept and administer, on terms and conditions satisfactory to it, grants or gifts of property, including real estate or money, that may be tendered to it in aid of the planning, establishment, conduct, and operation of The University of Texas at Dallas, and in aid of the research and teaching at the university. The board may accept from the federal government or any foundation, trust fund, corporation, or individual donations, gifts, and grants, including real estate, buildings, libraries, laboratories, apparatus, equipment, records, or money for the use and benefit of the university.

Chapter 71

  1. Tex. Education Code Sec. 71.01. THE UNIVERSITY OF TEXAS AT SAN ANTONIO. The University of Texas at San Antonio is a coeducational institution of higher education in Bexar County. The site of the university shall be on land selected by the board of regents and provided or donated for that purpose.

  2. Tex. Education Code Sec. 71.02. ORGANIZATION AND CONTROL. The organization and control of The University of Texas at San Antonio is vested in the Board of Regents of The University of Texas System.

  3. Tex. Education Code Sec. 71.03. COURSES AND DEGREES. The board may prescribe courses leading to such customary degrees as are offered at leading American universities and may award those degrees. It is the intent of the legislature that those degrees include bachelor's, master's, and doctor's degrees and their equivalents, and that there be established a standard four-year undergraduate program; but no department, school, or degree program may be instituted except with the prior approval of the Coordinating Board, Texas College and University System.

  4. Tex. Education Code Sec. 71.04. OTHER RULES AND REGULATIONS. The board shall make other rules and regulations for the operation, control, and management of the university, including the determination of the number of students that shall be admitted to any school, college, or degree-granting program, as may be necessary for the conduct of the university as one of the first class.

  5. Tex. Education Code Sec. 71.05. JOINT APPOINTMENTS. The board is specifically authorized to make joint appointments in the university and in other institutions under its governance. The salary of any such person who receives a joint appointment shall be apportioned to the appointing institutions on the basis of services rendered.

  6. Tex. Education Code Sec. 71.06. BOARD MAY ACCEPT GRANTS AND GIFTS. The board may accept and administer, on terms and conditions satisfactory to it, grants or gifts of property, including real estate or money, that may be tendered to it in aid of the planning, establishment, conduct, and operation of The University of Texas at San Antonio, and in aid of research and teaching at the university. The board may accept from the federal government or any foundation, trust fund, corporation, or individual donations, gifts, and grants, including real estate, buildings, libraries, laboratories, apparatus, equipment, records, or money for the use and benefit of the university.

Chapter 72

  1. Tex. Education Code Sec. 72.01. ESTABLISHMENT. The Board of Regents of The University of Texas System shall establish and maintain a fully state-supported coeducational institution of higher education to be known as The University of Texas of the Permian Basin and to be organized to teach undergraduate- and graduate-level courses but the Board of Regents may establish The University of Texas of the Permian Basin as a general academic teaching institution, as defined by Section 61.003 of this code, offering a standard four-year undergraduate program.

  2. Tex. Education Code Sec. 72.02. COURSES AND DEGREES. The board of regents may prescribe courses leading to such customary degrees as are offered at leading American universities and may award those degrees. It is the intent of the legislature that those degrees include baccalaureate and master's degrees and their equivalents; but no department, school, or degree program shall be instituted except with the prior approval of the Texas Higher Education Coordinating Board.

  3. Tex. Education Code Sec. 72.03. OTHER RULES AND REGULATIONS. The board of regents shall make other rules and regulations for the operation, control, and management of the university, including the determination of the number of students that shall be admitted to any school, college, or degree-granting program, as may be necessary for the conduct of the university as one of the first class.

  4. Tex. Education Code Sec. 72.04. JOINT APPOINTMENTS. The board of regents is specifically authorized to make joint appointments in the university and in other institutions under its governance. The salary of any such person who receives a joint appointment shall be apportioned to the appointing institution on the basis of services rendered.

  5. Tex. Education Code Sec. 72.05. BOARD MAY ACCEPT GRANTS AND GIFTS. The board of regents may accept and administer, on terms and conditions satisfactory to it, grants or gifts of property, including real estate or money, or any part of existing junior college facilities that may be tendered to it in aid of the planning, establishment, conduct, and operation of The University of Texas of the Permian Basin, and in aid of research and teaching at the university. The board of regents may accept from the federal government or any foundation, trust fund, corporation, or individual donations, gifts, and grants, including real estate, buildings, libraries, laboratories, apparatus, equipment, records, or money for the use and benefit of the university.

  6. Tex. Education Code Sec. 72.06. LOCATION.

  7. Tex. Education Code Sec. 72.07. UNDERGRADUATE ADMISSIONS.

Chapter 73

  1. Tex. Education Code Sec. 73.001. COMPOSITION. The University of Texas at Houston is composed of the following component institutions under the management and control of the board of regents of The University of Texas System:

  2. Tex. Education Code Sec. 73.051. SHORT TITLE. This subchapter may be cited as the Brooks-Bass Medical Training Act of 1969.

  3. Tex. Education Code Sec. 73.052. ESTABLISHMENT; SCOPE. The board of regents shall establish and maintain The University of Texas Medical School at Houston, a component institution of the university system located in Harris County. The board may provide for the training and teaching of medical students, medical technicians, and other technicians in the practice of medicine.

  4. Tex. Education Code Sec. 73.053. TRANSFER OF DIVISION OF CONTINUING EDUCATION. The board may transfer the division of continuing education from The University of Texas Graduate School of Biomedical Sciences at Houston to The University of Texas Medical School at Houston. After the transfer, all appropriations, assets, funds, property, and equipment owned or held by the division of continuing education shall be owned, held, and controlled by The University of Texas Medical School at Houston.

  5. Tex. Education Code Sec. 73.054. COURSES AND DEGREES; RULES AND REGULATIONS. The board may prescribe courses leading to customary degrees offered in other leading American medical schools, may award the degrees, and may make other rules and regulations for the operation, control, and management of the school, including the determination of the number of students that shall be admitted to any degree-granting program, that are necessary for the conduct of a professional school of the first class.

  6. Tex. Education Code Sec. 73.055. AFFILIATION AGREEMENTS; JOINT APPOINTMENTS. The board may execute and carry out with any entity or institution affiliation or coordinating agreements that are reasonably necessary or desirable for the conduct and operation of a professional school of the first class; and the board may make joint appointments in other institutions under its governance. The salary of any person who receives a joint appointment shall be apportioned to the appointing institutions on the basis of services rendered.

  7. Tex. Education Code Sec. 73.056. GIFTS AND GRANTS. The board may accept and administer, on terms and conditions satisfactory to it, grants or gifts of property, including real estate and money, that may be tendered to it in aid of the planning, establishment, conduct, and operation of the school and in aid of research and teaching at the school. The board may accept from the federal government or any foundation, trust fund, corporation, or individual donations, gifts, and grants, including real estate, buildings, libraries, laboratories, apparatus, equipment, records, or money, for the use and benefit of the school.

  8. Tex. Education Code Sec. 73.057. TEACHING HOSPITAL. A complete teaching hospital for the school shall be furnished at no cost or expense to the state, and the state shall never contribute any funds for the construction, maintenance, or operation of a teaching hospital for the school.

  9. Tex. Education Code Sec. 73.101. LOCATION. The University of Texas M. D. Anderson Cancer Center is located in the Texas Medical Center in the city of Houston.

  10. Tex. Education Code Sec. 73.102. PURPOSE; DEGREE PROGRAMS.

  11. Tex. Education Code Sec. 73.103. PRESIDENT.

  12. Tex. Education Code Sec. 73.104. MEDICAL STAFF. The medical staff of the institution shall be selected and employed by the board on the recommendation of the president, and may be discharged in like manner.

  13. Tex. Education Code Sec. 73.105. DIAGNOSTIC AND TREATMENT SUBSTATIONS. The board may establish and maintain diagnostic and treatment substations as deemed expedient from time to time. The location, erection, operation, and management of the substations are under the control and direction of the board, subject to the other provisions of this subchapter. The substations and the main institution shall conform to the standards of the American College of Surgeons and the American Medical Association.

  14. Tex. Education Code Sec. 73.106. PATIENTS. This subchapter governs the admission of patients to the institution and its substations, the support of patients, and other matters relating to patients.

  15. Tex. Education Code Sec. 73.107. ADMISSION: RULES AND REGULATIONS; APPROVAL OF PRESIDENT.

  16. Tex. Education Code Sec. 73.108. APPLICATION.

  17. Tex. Education Code Sec. 73.109. FEE SCHEDULE. The president shall establish a schedule of minimum fees and charges conforming to the fees and charges customarily made for similar services in the community in which the services are rendered.

  18. Tex. Education Code Sec. 73.110. GIFTS AND GRANTS. The board may accept gifts and grants of money from other than state sources for the benefit of the institution and its substations.

  19. Tex. Education Code Sec. 73.111. ACCEPTANCE OF LAND IN MEDICAL CENTER. The board may accept for and in behalf of the State of Texas title by proper conveyance or conveyances to any land located in the Texas Medical Center for the operation and maintenance of the program of the institution.

  20. Tex. Education Code Sec. 73.112. TREATMENT OF INDIGENT PATIENTS.

  21. Tex. Education Code Sec. 73.113. SUFFICIENCY OF INSTITUTIONAL FUNDS, FEES, AND PATIENT BASE. The institution shall ensure that institutional funds and the institution's hospital and clinic fees and patient base are sufficient to fund and achieve the mission and strategic plan of the institution and protect the state's investment in the development of the institution.

  22. Tex. Education Code Sec. 73.114. INCENTIVE RETIREMENT PLANS.

  23. Tex. Education Code Sec. 73.115. ACQUISITION OF GOODS AND SERVICES.

  24. Tex. Education Code Sec. 73.151. DEAN.

  25. Tex. Education Code Sec. 73.152. SCOPE; DEGREE PROGRAMS; RULES AND REGULATIONS.

  26. Tex. Education Code Sec. 73.153. GIFTS AND GRANTS. The board may accept and administer grants and gifts from any source for the benefit of the graduate school.

  27. Tex. Education Code Sec. 73.154. RESEARCH AND GRADUATE INSTRUCTION; JOINT APPOINTMENTS.

  28. Tex. Education Code Sec. 73.155. AFFILIATION AND COOPERATION WITH OTHER UNITS. The graduate school shall maintain the closest possible affiliation with the science programs at The University of Texas at Austin and with the other medical units of The University of Texas System. It shall cooperate with other institutions, private and public, in furtherance of research in the biomedical sciences and related fields.

  29. Tex. Education Code Sec. 73.156. DIVISION OF CONTINUING EDUCATION. The board may establish as a part of the graduate school a separate division of continuing education for physicians.

  30. Tex. Education Code Sec. 73.201. LOCATION. The University of Texas School of Public Health at Houston is located in the Texas Medical Center in the city of Houston.

  31. Tex. Education Code Sec. 73.202. GIFTS AND DONATIONS. The board of regents may accept gifts and donations for the benefit of the school.

  32. Tex. Education Code Sec. 73.301. COMPOSITION, LOCATION. The University of Texas Dental Branch at Houston is composed of The University of Texas Dental School at Houston, The University of Texas Dental Science Institute at Houston, The University of Texas School of Dental Hygiene at Houston, The University of Texas Postgraduate School of Dentistry at Houston, and other institutions and activities assigned to it from time to time. It is located in the Texas Medical Center.

  33. Tex. Education Code Sec. 73.302. PURPOSE. The principal purpose of the dental school is to teach the subjects of dental education that will give a thorough knowledge of dentistry and related subjects and that meet the requirements of the Council on Dental Education, the American Association of Dental Schools, and other educational associations of similar standards concerned with dental education.

  34. Tex. Education Code Sec. 73.303. FACULTY. The board of regents shall appoint the faculty of the dental school.

  35. Tex. Education Code Sec. 73.304. COURSES AND DEGREES; RULES AND REGULATIONS.

  36. Tex. Education Code Sec. 73.305. GIFTS AND GRANTS. The board may accept gifts and grants from any source for the benefit of the dental branch.

  37. Tex. Education Code Sec. 73.401. ESTABLISHMENT. The Harris County Psychiatric Center has been developed and built by Harris County, Texas, and a former state agency that provided services to persons with mental illness, persons with intellectual disabilities, and persons with developmental disabilities. The facilities of the Harris County Psychiatric Center to be operated by The University of Texas System shall be operated consistent with the rules and regulations of the board of regents and with the provisions of this subchapter.

  38. Tex. Education Code Sec. 73.402. MISSION. The Harris County Psychiatric Center has been established with the mission of caring for mentally ill persons; other major parts of this mission include research into the causes and cures of mental illness and the education of professionals in the care of the mentally ill.

  39. Tex. Education Code Sec. 73.403. OPERATION OF COMMITMENT CENTER. Harris County, the Harris Center for Mental Health and IDD, or both of those entities, may operate on the premises of the Harris County Psychiatric Center a commitment center, the functions of which may include patient screening, intake, and admissions (both voluntary and involuntary) to the Harris County Psychiatric Center as may be provided for in a lease and operating agreement or a sublease and operating agreement as authorized under Section 73.405. The functions of the Harris County Psychiatric Commitment Center located on the premises of the Harris County Psychiatric Center both in terms of operation and in terms of funding shall not be the responsibility of the Health and Human Services Commission or The University of Texas System. As may be provided for in a lease and operating agreement or a sublease and operating agreement, The University of Texas System may charge for any support services provided by the Harris County Psychiatric Center to the commitment center.

  40. Tex. Education Code Sec. 73.404. FUNDING.

  41. Tex. Education Code Sec. 73.405. OPERATIONS.

  42. Tex. Education Code Sec. 73.406. REVENUES. That portion of any revenues related to the provision of patient services through the operation of the Harris County Psychiatric Center facilities that are leased or subleased by and to The University of Texas System shall be accounted for and expended in accordance with the rules, regulations, and bylaws of The University of Texas System and in such manner that such revenues will reduce appropriated and funded requirements by both the state and county or the Harris Center for Mental Health and IDD on a prorated basis, all as may be provided for in a lease and operating agreement or sublease and operating agreement.

  43. Tex. Education Code Sec. 73.501. TRANSFER AND LEASE OF FACILITIES.

  44. Tex. Education Code Sec. 73.502. TRANSFER OF GIFTS, GRANTS, UNEXPENDED BALANCES, CONTRACTS, AND OBLIGATIONS. Any gifts, grants, unexpended balances of appropriated or unappropriated funds, and all movable equipment that was held by a former state agency that provided services to persons with mental illness, persons with intellectual disabilities, and persons with developmental disabilities or that was transferred to the Health and Human Services Commission on dissolution of that former agency and was held for, on behalf of, or for the use and benefit of the Texas Research Institute of Mental Sciences are hereby transferred to The University of Texas System; provided, however, that all previously appropriated funds for statewide training of personnel and program evaluation by the institute shall be retained by the Health and Human Services Commission. All contracts and written obligations of every kind and character entered into by a former state agency that provided services to persons with mental illness, persons with intellectual disabilities, and persons with developmental disabilities for and on behalf of the Texas Research Institute of Mental Sciences are ratified, confirmed, and validated, and in all such contracts and written obligations, the board of regents of The University of Texas System is substituted in lieu and shall stand and act in place and stead of the former state agency that provided services to persons with mental illness, persons with intellectual disabilities, and persons with developmental disabilities; provided, however, that an advisory committee shall be established with regard to research protocols and the executive commissioner of the Health and Human Services Commission shall be a member; provided further, that The University of Texas System may contract with the Department of State Health Services for continued extramural and other laboratory consultative services. The Health and Human Services Commission, Harris County, and the Harris Center for Mental Health and IDD shall provide for the continuity of inpatient and outpatient care of the patients and programs operated at the Texas Research Institute of Mental Sciences and may contract for the provision of such services in accordance with the provisions of and appropriations provided in the General Appropriations Act.

  45. Tex. Education Code Sec. 73.503. EMPLOYEES.

  46. Tex. Education Code Sec. 73.504. NAME OF INSTITUTE. Hereafter, the name of the institute shall be The University of Texas Mental Sciences Institute.

Chapter 74

  1. Tex. Education Code Sec. 74.001. COMPOSITION. The University of Texas Medical Branch at Galveston is composed of the following component institutions under the control and management of the Board of Regents of The University of Texas System:

  2. Tex. Education Code Sec. 74.003. LAND ACQUISITION. The board may acquire by donation or deed of gift, for the use and benefit of the medical branch, any and all properties contiguous or adjacent, or both, to the campus of the medical branch when the lands are deemed necessary for campus expansion.

  3. Tex. Education Code Sec. 74.004. CENTENNIAL SCHOLARS MATCHING FUND.

  4. Tex. Education Code Sec. 74.005. TREATMENT OF CERTAIN PATIENTS.

  5. Tex. Education Code Sec. 74.006. SUFFICIENCY OF FUNDS. The medical branch shall take any reasonable administrative or management action necessary to achieve the mission and strategic plan of the medical branch within the total amount of funds received by the medical branch from all sources, including institutional and local funds and hospital and clinic fees.

  6. Tex. Education Code Sec. 74.007. INCENTIVE RETIREMENT PLANS.

  7. Tex. Education Code Sec. 74.008. ACQUISITION OF GOODS OR SERVICES.

  8. Tex. Education Code Sec. 74.101. COMPONENT INSTITUTION. The University of Texas Southwestern Medical Center is a component institution of The University of Texas System under the management and control of the board of regents of The University of Texas System.

  9. Tex. Education Code Sec. 74.102. COURSES AND DEGREES; RULES AND REGULATIONS. The board of regents may prescribe courses leading to customary degrees and may make rules and regulations for the operation, control, and management of the medical school as may be necessary for its conduct as a medical school of the first class.

  10. Tex. Education Code Sec. 74.103. GIFTS AND GRANTS. The board may accept and administer, on terms and conditions satisfactory to it, grants and gifts tendered to it in aid of research and teaching at the medical school. The board may also accept from the federal government or any foundation, trust fund, corporation, or individual donations, gifts, and grants, including real estate, buildings, libraries, laboratories, apparatus, equipment, records, and leases, for the exclusive use and benefit of the medical school.

  11. Tex. Education Code Sec. 74.104. ENTERING CLASSES. The medical school shall admit at least 100 students in each entering class.

  12. Tex. Education Code Sec. 74.105. LEASE OF LAND FOR HOSPITAL, ETC.

  13. Tex. Education Code Sec. 74.151. COMPONENT INSTITUTION. The University of Texas Medical School at San Antonio is a component institution of The University of Texas System under the management and control of the board of regents of The University of Texas System.

  14. Tex. Education Code Sec. 74.152. COURSES AND DEGREES; RULES AND REGULATIONS. The board of regents may prescribe courses leading to customary degrees and may make rules and regulations for the operation, control, and management of the medical school as may be necessary for its conduct as a medical school of the first class.

  15. Tex. Education Code Sec. 74.153. GIFTS AND GRANTS. The board may accept and administer, on terms and conditions satisfactory to it, grants and gifts tendered to it in aid of research and teaching at the medical school. The board may also accept from the federal government, any foundation, trust fund, corporation, or individual donations, gifts, and grants, including real estate, buildings, libraries, laboratories, apparatus, equipment, records, and money, for the exclusive use and benefit of the medical school.

  16. Tex. Education Code Sec. 74.154. TEACHING HOSPITAL. A teaching hospital deemed suitable by the board shall be provided by the city or county within one mile of the campus of the medical school. It shall be maintained without cost to the state.

  17. Tex. Education Code Sec. 74.155. NATIONAL CENTER FOR WARRIOR RESILIENCY.

  18. Tex. Education Code Sec. 74.201. ESTABLISHMENT AND LOCATION; NAME; SCOPE.

  19. Tex. Education Code Sec. 74.202. COURSES AND DEGREES; RULES AND REGULATIONS. The board may prescribe courses leading to customary degrees offered in other leading American medical schools, may award the degrees, and may make other rules and regulations for the operation, control, and management of the school, including the determination of the number of students that shall be admitted to any degree-granting program, that are necessary for the conduct of a professional school of the first class.

  20. Tex. Education Code Sec. 74.203. AFFILIATION AGREEMENTS; JOINT APPOINTMENTS. The board may execute and carry out with any entity or institution affiliation or coordinating agreements that are reasonably necessary or desirable for the conduct and operation of a professional school of the first class; and the board may make joint appointments in other institutions under its governance. The salary of any person who receives a joint appointment shall be apportioned to the appointing institutions on the basis of services rendered.

  21. Tex. Education Code Sec. 74.204. GIFTS AND GRANTS. The board may accept and administer, on terms and conditions satisfactory to it, grants or gifts of property, including real estate and money, that may be tendered to it in aid of the planning, establishment, conduct, and operation of the school and in aid of research and teaching at the school. The board may accept from the federal government or any foundation, trust fund, corporation, or individual donations, gifts, and grants, including real estate, buildings, libraries, laboratories, apparatus, equipment, records, or money, for the use and benefit of the school.

  22. Tex. Education Code Sec. 74.205. TEACHING HOSPITAL. A complete teaching hospital for the school shall be furnished at no cost or expense to the state, and the state shall never contribute any funds for the construction, maintenance, or operation of a teaching hospital for the school.

  23. Tex. Education Code Sec. 74.251. COMPONENT INSTITUTION. The University of Texas Dental School at San Antonio is a component institution of The University of Texas System under the management and control of the board of regents of The University of Texas System.

  24. Tex. Education Code Sec. 74.252. TRAINING AND TEACHING. The board may provide for the training and teaching of dental students, dental technicians, and other technicians related to the practice of dentistry.

  25. Tex. Education Code Sec. 74.253. COURSES AND DEGREES; RULES AND REGULATIONS. The board may prescribe courses leading to customary degrees offered in other leading American dental schools, may award the degrees, and may make other rules and regulations for the operation, control, and management of the school, including the determination of the number of students that shall be admitted to any degree-granting program, as may be necessary for the conduct of a professional school of the first class.

  26. Tex. Education Code Sec. 74.254. AFFILIATION AGREEMENTS; JOINT APPOINTMENTS. The board may execute and carry out with any entity or institution affiliation or coordinating agreements that are reasonably necessary or desirable for the conduct and operation of a professional school of the first class; and the board may make joint appointments in other institutions under its governance. The salary of a person who receives a joint appointment shall be apportioned to the appointing institutions on the basis of services rendered.

  27. Tex. Education Code Sec. 74.255. GIFTS AND GRANTS. The board may accept gifts and grants from any source for the benefit of the dental school.

  28. Tex. Education Code Sec. 74.301. ESTABLISHMENT; PURPOSE. The board of regents may establish and maintain in Bexar County The University of Texas

  29. Tex. Education Code Sec. 74.302. HOSPITAL FACILITIES AND SERVICES. All hospital facilities and services required for the operation and maintenance of the nursing school shall be furnished and provided at no cost or expense to the state at the time of completion of the nursing school and subsequently.

  30. Tex. Education Code Sec. 74.303. COURSES AND DEGREES; RULES AND REGULATIONS. The board may prescribe courses leading to customary degrees offered in other leading American nursing schools, may award those degrees, and may make rules and regulations for the operation, control, and management of the school as may be necessary for the conduct of a professional school of the first class.

  31. Tex. Education Code Sec. 74.304. AFFILIATION AGREEMENTS; JOINT APPOINTMENTS. The board may execute and carry out with any entity or institution affiliation or coordinating agreements that are reasonably necessary or desirable for the conduct and operation of a professional school of the first class, not in conflict with Section 74.302 of this code; and the board may make joint appointments in other institutions under its governance. The salary of any person who receives a joint appointment shall be apportioned to the appointing institutions on the basis of services rendered.

  32. Tex. Education Code Sec. 74.305. GIFTS AND GRANTS. The board may accept and administer, on terms and conditions satisfactory to it, grants and gifts of property, including real estate and money, that may be tendered to it in aid of the planning, establishment, conduct, and operation of the school and in aid of research and teaching at the school. The board may accept from the federal government or any foundation, trust fund, corporation, or individual donations, gifts, and grants, including real estate, buildings, libraries, laboratories, apparatus, equipment, records and money, for the use and benefit of the school.

  33. Tex. Education Code Sec. 74.306. LIBERAL ARTS COURSES PENDING ESTABLISHMENT. While the nursing school is being established, students may take the prerequisite liberal arts courses prescribed by the nursing school.

  34. Tex. Education Code Sec. 74.351. ESTABLISHMENT; PURPOSE. The board of regents may establish and maintain in El Paso County The University of Texas

  35. Tex. Education Code Sec. 74.352. HOSPITAL FACILITIES AND SERVICES. All hospital facilities and services required for the operation and maintenance of the nursing school shall be furnished and provided at no cost or expense to the state at the time of completion of the nursing school and subsequently.

  36. Tex. Education Code Sec. 74.353. COURSES AND DEGREES; RULES AND REGULATIONS. The board may prescribe courses leading to customary degrees offered in other leading American nursing schools, may award those degrees, and may make rules and regulations for the operation, control, and management of the school as may be necessary for the conduct of a professional school of the first class.

  37. Tex. Education Code Sec. 74.354. AFFILIATION AGREEMENTS; JOINT APPOINTMENTS. The board may execute and carry out with any entity or institution affiliation or coordinating agreements that are reasonably necessary or desirable for the conduct and operation of a professional school of the first class, not in conflict with Section 74.352 of this code; and the board may make joint appointments in other institutions under its governance. The salary of any person who receives a joint appointment shall be apportioned to the appointing institution on the basis of services rendered.

  38. Tex. Education Code Sec. 74.355. GIFTS AND GRANTS. The board may accept and administer, on terms and conditions satisfactory to it, grants and gifts of property, including real estate and money, that may be tendered to it in aid of the planning, establishment, conduct and operation of the school and in aid of research and teaching at the school. The board may accept from the federal government or any foundation, trust fund, corporation, or individual donations, gifts, and grants, including real estate, buildings, libraries, laboratories, apparatus, equipment, records and money, for the use and benefit of the school.

  39. Tex. Education Code Sec. 74.401. COMPOSITION, OPERATION, MAINTENANCE. The board of regents of The University of Texas System is authorized to establish, maintain, and operate The University of Texas Nursing School (System-wide) which is composed of the following branches: The University of Texas

  40. Tex. Education Code Sec. 74.402. COURSES, DEGREES, ETC. The board is authorized to prescribe courses leading to such customary degrees as are offered in other leading American nursing schools, to award those degrees, and to make rules and regulations for the operation, control, and management of each nursing school, as may be necessary for the conduct of professional schools of the first class.

  41. Tex. Education Code Sec. 74.403. AFFILIATION AGREEMENTS; JOINT APPOINTMENTS. The board is authorized to execute and carry out with any entity or institution affiliation or coordinating agreements that are reasonably necessary or desirable for the conduct and operation of professional schools of the first class, not in conflict with Section 74.401 of this code, and the board is specifically authorized to make joint appointments in other institutions under its governance, the salary of any such person who receives a joint appointment to be apportioned to the appointing institutions on the basis of services rendered.

  42. Tex. Education Code Sec. 74.404. GIFTS AND GRANTS. The board may accept gifts and grants from any source in aid of the conduct and operation of The University of Texas Nursing School (System-wide) or the branch nursing schools.

  43. Tex. Education Code Sec. 74.501. ESTABLISHMENT AND LOCATION; NAME; SCOPE.

  44. Tex. Education Code Sec. 74.502. COURSES AND DEGREES; RULES AND REGULATIONS. The board may prescribe courses leading to customary degrees offered in other leading American podiatry schools, may award the degrees, and may make other rules and regulations for the operation, control, and management of the school, including the determination of the numbers of students that shall be admitted to any degree-granting programs, that are necessary for the conduct of a professional school of the first class.

  45. Tex. Education Code Sec. 74.503. AFFILIATION AGREEMENTS; JOINT APPOINTMENTS. The board may execute and carry out with any entity or institution affiliation or coordinating agreements that are reasonably necessary or desirable for the conduct and operation of a professional school of the first class; and the board may make joint appointments in other institutions under its governance. The salary of any person who receives a joint appointment shall be apportioned to the appointing institutions on the basis of services rendered.

  46. Tex. Education Code Sec. 74.504. GIFTS AND GRANTS. The board may accept and administer on terms and conditions satisfactory to it, grants or gifts of property, including real estate and money, that may be tendered to it in aid of research and teaching at the school. The board may accept from the federal government or any foundation, trust fund, corporation, individual, or other legal entity, donations, gifts, and grants, including real estate, buildings, libraries, laboratories, apparatus, equipment, records, or money, for the use and benefit of the school.

  47. Tex. Education Code Sec. 74.505. TEACHING HOSPITAL. A teaching hospital shall be furnished for or available for use by the school at no cost or expense to the state, and the state shall never contribute any funds for the construction, maintenance, or operation of a teaching hospital for the school.

  48. Tex. Education Code Sec. 74.506. FUNDING. No state funds shall be expended for physical improvements for the purpose of this Act before fiscal year 1977.

  49. Tex. Education Code Sec. 74.601. USE AND CONTROL.

  50. Tex. Education Code Sec. 74.602. PURPOSES OF HEALTH SCIENCE CENTER; DEGREE PROGRAMS.

  51. Tex. Education Code Sec. 74.603. SERVICE AS STATE CHEST HOSPITAL.

  52. Tex. Education Code Sec. 74.604. EAST TEXAS CENTER FOR RURAL GERIATRIC STUDIES.

  53. Tex. Education Code Sec. 74.611. AUTHORITY TO ESTABLISH OR PARTICIPATE IN CENTER.

  54. Tex. Education Code Sec. 74.612. GIFTS AND GRANTS. The board of regents may accept and administer gifts and grants from any public or private person or entity for the use and benefit of the regional academic health center.

  55. Tex. Education Code Sec. 74.613. FACILITIES. The physical facilities of the regional academic health center used in its teaching and research programs, including libraries, auditoriums, research facilities, and medical education buildings, may be provided by a public or private entity. A physical facility may be constructed, maintained, or operated with state money appropriated for that purpose.

  56. Tex. Education Code Sec. 74.614. TEACHING HOSPITAL. A teaching hospital considered suitable by the board of regents may be provided by a public or private entity. The hospital may not be constructed, maintained, or operated with state funds.

  57. Tex. Education Code Sec. 74.615. COORDINATING BOARD SUPERVISION. The regional academic health center is subject to the continuing supervision of the Texas Higher Education Coordinating Board under Chapter 61 and to the rules of the coordinating board adopted under Chapter 61.

  58. Tex. Education Code Sec. 74.701. AUTHORITY TO ESTABLISH CENTER. The board of regents of The University of Texas System shall establish and operate a multi-institution center in the city of Laredo if:

  59. Tex. Education Code Sec. 74.702. MANAGEMENT AND OPERATION OF CENTER.

  60. Tex. Education Code Sec. 74.703. GIFTS AND GRANTS. The board of regents may accept and administer gifts and grants from any public or private person or entity for the use and benefit of the center, including accepting and administering gifts and grants of land and physical facilities.

  61. Tex. Education Code Sec. 74.704. FACILITIES.

  62. Tex. Education Code Sec. 74.751. HEALTH SCIENCE CENTER.

  63. Tex. Education Code Sec. 74.752. MEDICAL SCHOOL. The medical school established as a component of the health science center and as a component institution of The University of Texas System under the management and control of the board of regents of The University of Texas System is subject to this section. The offices overseeing undergraduate medical education shall be located in Hidalgo County and the offices overseeing graduate medical education shall be located in Cameron County. The board shall ensure that educational programs for first-year and second-year students shall be primarily located in Hidalgo County, and the educational programs for third-year and fourth-year students shall be primarily located in Cameron County; and the educational programs for all medical students shall take full advantage of the existing educational facilities and programs at The University of Texas--Pan American's Edinburg campus or successor campus, The University of Texas at Brownsville campus or successor campus, and the Lower Rio Grande Valley Academic Health Center established under Subchapter L, Chapter 74, in Harlingen and Edinburg. Graduate medical education programs and activities shall be conducted throughout the region.

  64. Tex. Education Code Sec. 74.753. PARTICIPATION IN AVAILABLE UNIVERSITY FUND. In accordance with Section 18(c), Article VII, Texas Constitution, if the Act enacting this section receives a vote of two-thirds of all the members elected to each house of the legislature, and if an institution is established under this subchapter, the institution is entitled to participate in the funding provided by Section 18, Article VII, Texas Constitution, for The University of Texas System.

  65. Tex. Education Code Sec. 74.754. COURSES AND DEGREES; RULES. The board of regents may prescribe courses leading to customary degrees and may adopt rules for the operation, control, and management of the health science center as may be necessary for the conduct of a medical school and other health science center programs of the first class.

  66. Tex. Education Code Sec. 74.755. AFFILIATION AGREEMENTS; JOINT APPOINTMENTS.

  67. Tex. Education Code Sec. 74.756. GIFTS AND GRANTS; OTHER FUNDING.

  68. Tex. Education Code Sec. 74.757. OTHER FACILITIES. In addition to the facilities of the health science center and its component institutions, the board of regents may enter into agreements under which additional facilities used in the center's teaching and research programs, including libraries, auditoriums, research facilities, and medical education buildings, may be provided by a public or private entity.

  69. Tex. Education Code Sec. 74.758. TEACHING HOSPITAL. A teaching hospital considered suitable by the board of regents for the health science center may be provided by a public or private entity. The hospital may not be constructed, maintained, or operated with state funds.

  70. Tex. Education Code Sec. 74.759. COORDINATING BOARD SUPERVISION. The health science center is subject to the continuing supervision of the Texas Higher Education Coordinating Board under Chapter 61 and to the rules of the coordinating board adopted under Chapter 61.

  71. Tex. Education Code Sec. 74.760. EFFECT OF HEALTH SCIENCE CENTER ON LOWER RIO GRANDE VALLEY ACADEMIC HEALTH CENTER.

Chapter 75

  1. Tex. Education Code Sec. 75.001. INSTITUTE OF TEXAN CULTURES. The Institute of Texan Cultures and the Texas State Exhibits Building at HemisFair 1968, and all land and improvements related to them, are under the management and control of The University of Texas at San Antonio.

  2. Tex. Education Code Sec. 75.002. PURPOSE OF INSTITUTE. The institute shall continue to be used principally as a center concerned with subjects relating to the history and culture of the people of Texas, with collecting, organizing, and interpreting information on Texas subjects, and with producing films, filmstrips, slides, tapes, publications, and exhibits on these subjects for statewide use on television, in classrooms, in museums, and at public gatherings for the benefit of the people of Texas.

  3. Tex. Education Code Sec. 75.003. GIFTS OF LAND. The board may accept gifts of land for the benefit of the institute.

  4. Tex. Education Code Sec. 75.101. CREATION OF INSTITUTE; LOCATION. The board of regents of The University of Texas System shall establish and maintain an institute for urban studies in the Fort Worth-Dallas metropolitan area.

  5. Tex. Education Code Sec. 75.102. ADMINISTRATION. The administration of the institute for urban studies shall be under the direction of the chancellor and board of regents of The University of Texas System. The administrative officer of the institute shall be appointed by the chief academic executive of his university with the approval of the board. The administrative officer shall appoint the professional and administrative staff of the institute according to usual procedures and with the approval of the board.

  6. Tex. Education Code Sec. 75.103. ROLE AND SCOPE OF INSTITUTE. The institute of urban studies shall conduct basic and applied research into urban problems and public policy and make available the results of this research to private groups and public bodies and officials. It may offer consultative and general advisory services concerning urban problems and their solutions. According to the policies of the Coordinating Board, Texas College and University System, and with its approval, the institute may conduct instructional and training programs for those who are working in or expect to make careers in urban public service. The training programs may be conducted by the institute either in its own name or by agreement and cooperation with other public and private organizations.

  7. Tex. Education Code Sec. 75.104. CORRELATION OF PROGRAMS. In order to correlate the programs offered by the institute and the institute established by the University of Houston under Subchapter D, Chapter 111, of this code, there shall be maintained regular liaison between the institutes concerning programs undertaken, a joint committee for future planning, and a union catalogue of research resources. This correlation shall be achieved by utilizing regular administrative channels, including the staff of the Coordinating Board, Texas College and University System.

  8. Tex. Education Code Sec. 75.105. RECEIPT AND DISBURSEMENT OF FUNDS, PROPERTY, AND SERVICES. In addition to state appropriations, the institute may receive and expend or use funds, property, or services from any source, public or private, under rules established by the chief academic executive of the university and the board and under applicable state laws.

  9. Tex. Education Code Sec. 75.201. DEFINITIONS. In this subchapter:

  10. Tex. Education Code Sec. 75.202. ESTABLISHMENT. The board may establish and maintain the San Antonio Life Sciences Institute as a joint partnership of the health science center and the university.

  11. Tex. Education Code Sec. 75.203. ROLE AND SCOPE.

  12. Tex. Education Code Sec. 75.204. OPERATION AND MANAGEMENT.

  13. Tex. Education Code Sec. 75.205. COACHING EDUCATION PROGRAM.

  14. Tex. Education Code Sec. 75.301. DEFINITIONS. In this subchapter:

  15. Tex. Education Code Sec. 75.302. ESTABLISHMENT. The board shall establish and maintain the Texas Epidemic Public Health Institute at the health science center.

  16. Tex. Education Code Sec. 75.303. ROLE AND SCOPE. The institute shall establish and maintain a public health reserve network of public health professionals, community health workers, state and local public health agencies, health care organizations, universities throughout the state, and other relevant entities and persons for the purpose of coordinating efforts to:

  17. Tex. Education Code Sec. 75.304. ADMINISTRATION.

  18. Tex. Education Code Sec. 75.305. GIFTS, GRANTS, AND DONATIONS. The institute may accept gifts, grants, and donations from any source for the purposes of the institute.

  19. Tex. Education Code Sec. 75.306. INDEPENDENT FINANCIAL AUDIT FOR REVIEW BY COMPTROLLER.

  20. Tex. Education Code Sec. 75.307. APPROPRIATION CONTINGENCY. The board is required to implement a provision of this subchapter only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the board may, but is not required to, implement the provision using other money available to the board for that purpose.

Chapter 76

  1. Tex. Education Code Sec. 76.01. ESTABLISHMENT. The University of Texas at Tyler is a coeducational institution of higher education within The University of Texas System. It is under the control and management of the Board of Regents of The University of Texas System.

  2. Tex. Education Code Sec. 76.02. ROLE AND SCOPE.

  3. Tex. Education Code Sec. 76.025. UNIVERSITY ADMISSIONS.

  4. Tex. Education Code Sec. 76.026. PHARMACY SCHOOL.

  5. Tex. Education Code Sec. 76.03. PRESIDENT. The board may appoint and remove the president, any faculty member, or other officer or employee of the institution. The president is the executive officer of the institution and is responsible for its general management. The president shall recommend a plan of organization and orderly course development for the institution.

  6. Tex. Education Code Sec. 76.04. SUITS. Venue for a suit against the institution is in Smith or Travis County. This section may not be construed as granting legislative consent for a suit against the board or the institution except as authorized by law.

  7. Tex. Education Code Sec. 76.05. GIFTS AND GRANTS.

  8. Tex. Education Code Sec. 76.06. MANAGEMENT OF PROPERTY. The board is vested with the exclusive management of all property owned by the institution. The board may make any agreements necessary to the effective management of the institution's property. All money received shall be deposited in the State Treasury to the credit of a special fund that may be invested and the principal and income of the fund may be expended on appropriation by the legislature for the administration of the institution.

  9. Tex. Education Code Sec. 76.07. PARTNERSHIPS WITH JUNIOR COLLEGES AND OTHER INSTITUTIONS.

Chapter 79

  1. Tex. Education Code Sec. 79.01. DEFINITIONS. In this chapter:

  2. Tex. Education Code Sec. 79.02. ESTABLISHMENT; SCOPE.

  3. Tex. Education Code Sec. 79.03. COURSES AND DEGREES.

  4. Tex. Education Code Sec. 79.04. UNIVERSITY OF THE FIRST CLASS. The board shall make any other rules and regulations for the operation, control, and management of the university as may be necessary for the conduct of the university as a university of the first class.

  5. Tex. Education Code Sec. 79.05. FACILITIES. The board shall provide for adequate physical facilities for use by the university.

  6. Tex. Education Code Sec. 79.06. GIFTS AND GRANTS. The board may solicit, accept, and administer, on terms and conditions acceptable to the board, gifts, grants, or donations of any kind and from any source for use by the university.

  7. Tex. Education Code Sec. 79.07. JOINT APPOINTMENTS. The board may make joint faculty appointments to positions in the university and to positions in other institutions under the governance of the board.

  8. Tex. Education Code Sec. 79.08. PARTICIPATION IN PERMANENT UNIVERSITY FUND. The legislature finds that the university is an institution of higher education "created at a later date" for purposes of Section 18(c), Article VII, Texas Constitution. If the Act enacting this chapter receives a vote of two-thirds of the membership of each house of the legislature, when established the university is entitled to participate in the funding provided by Section 18, Article VII, Texas Constitution, to the same extent as similar component institutions of The University of Texas System.

  9. Tex. Education Code Sec. 79.09. CENTER FOR BORDER ECONOMIC AND ENTERPRISE DEVELOPMENT.

  10. Tex. Education Code Sec. 79.10. TEXAS ACADEMY OF MATHEMATICS AND SCIENCE.

Chapter 80

  1. Tex. Education Code Sec. 80.01. DEFINITIONS. In this chapter:

  2. Tex. Education Code Sec. 80.02. REFERENCE TO STEPHEN F. AUSTIN STATE UNIVERSITY. A reference in law to Stephen F. Austin State University means Stephen F. Austin State University, a member of The University of Texas System.

  3. Tex. Education Code Sec. 80.03. ESTABLISHMENT; SCOPE.

  4. Tex. Education Code Sec. 80.04. COURSES AND DEGREES.

  5. Tex. Education Code Sec. 80.05. UNIVERSITY OF THE FIRST CLASS. The board shall make any other rules and regulations for the operation, control, and management of the university as may be necessary for the conduct of the university as a university of the first class.

  6. Tex. Education Code Sec. 80.06. FACILITIES. The board shall provide for adequate physical facilities for use by the university.

  7. Tex. Education Code Sec. 80.07. GIFTS AND GRANTS. The board may solicit, accept, and administer, on terms and conditions acceptable to the board, gifts, grants, or donations of any kind and from any source for use by the university.

  8. Tex. Education Code Sec. 80.08. JOINT APPOINTMENTS. The board may make joint faculty appointments to positions in the university and to positions in other institutions under the governance of the board.

  9. Tex. Education Code Sec. 80.09. PARTICIPATION IN PERMANENT UNIVERSITY FUND. The legislature finds that the university is an institution of higher education "created at a later date" for purposes of Section 18(c), Article VII, Texas Constitution. Accordingly, the university is entitled to participate in the funding provided by Section 18, Article VII, Texas Constitution, to the same extent as similar component institutions of The University of Texas System.

Chapter 85

  1. Tex. Education Code Sec. 85.01. DEFINITIONS. In this chapter:

  2. Tex. Education Code Sec. 85.11. BOARD OF REGENTS. The government of the university system is vested in a board of nine regents appointed by the governor with the advice and consent of the senate.

  3. Tex. Education Code Sec. 85.12. QUALIFICATIONS; TERMS. Each member of the board shall be a qualified voter; and the members shall be selected from different portions of the state. The members hold office for staggered terms of six years, with the terms of three expiring February 1 of odd-numbered years.

  4. Tex. Education Code Sec. 85.13. CERTIFICATE OF APPOINTMENT. The secretary of state shall forward a certificate to each regent within 10 days after his appointment, notifying him of the fact of his appointment. If any person so appointed and notified fails for 10 days to give notice to the governor of his acceptance, his appointment shall be deemed void and his place shall be filled as in the case of a vacancy.

  5. Tex. Education Code Sec. 85.14. CHAIRMAN OF BOARD. The board shall elect from its members a chairman of the board, who shall call the board together for the transaction of business whenever he deems it expedient.

  6. Tex. Education Code Sec. 85.15. EXPENSES OF REGENTS. The regents shall serve without compensation but are entitled to reimbursement for actual expenses incurred in attending board meetings and in transacting the official business of the board.

  7. Tex. Education Code Sec. 85.16. SEAL. The board may make and use a common seal.

  8. Tex. Education Code Sec. 85.17. SYSTEM CENTRAL ADMINISTRATION OFFICE; EXECUTIVE OFFICER.

  9. Tex. Education Code Sec. 85.18. MANDATORY VENUE.

  10. Tex. Education Code Sec. 85.21. GENERAL POWERS AND DUTIES.

  11. Tex. Education Code Sec. 85.22. EXPENDITURES. All expenditures may be made by order of the board and shall be paid on warrants from the comptroller based on vouchers approved by the president of the board or by some officer or officers designated by him in writing to the comptroller.

  12. Tex. Education Code Sec. 85.23. PERMANENT IMPROVEMENTS; CONTRACTS; LAND TRANSACTIONS. The board may enter into an agreement with any person for the purchase, sale, lease, lease-purchase, acquisition, or construction of permanent improvements and may purchase, sell, lease, lease-purchase, encumber, or contract with reference to the divesting or encumbering title to lands and other appurtenances for the construction of the permanent improvements. However, no debt or liability shall be incurred by the State of Texas under this section.

  13. Tex. Education Code Sec. 85.24. UTILITIES.

  14. Tex. Education Code Sec. 85.25. LANDS AND MINERAL INTERESTS.

  15. Tex. Education Code Sec. 85.26. LEASES AND EASEMENTS; RIGHTS-OF-WAY FOR ELECTRIC LINES, PIPELINES, IRRIGATION CANALS, ETC.

  16. Tex. Education Code Sec. 85.27. FLOOD CONTROL EASEMENTS. The board may convey flood control easements over land under its jurisdiction and control to water control and improvement districts of this state. No flood control easement shall be conveyed unless the board receives from the district reasonable consideration for the conveyance. The conveyance shall be under the terms and conditions that the board deems in the best interest of the university system.

  17. Tex. Education Code Sec. 85.28. AIRPORTS.

  18. Tex. Education Code Sec. 85.29. RESEARCH AND EXPERIMENTATION FOR TEXAS DEPARTMENT OF TRANSPORTATION.

  19. Tex. Education Code Sec. 85.30. DONATIONS AND TRUSTS.

  20. Tex. Education Code Sec. 85.31. FUNDS RECEIVED FOR TRUST SERVICES.

  21. Tex. Education Code Sec. 85.32. EMINENT DOMAIN.

  22. Tex. Education Code Sec. 85.51. AUTHORITY TO LEASE.

  23. Tex. Education Code Sec. 85.52. SALE OF MINERAL ORE IN PLACE. Mineral ore located in and on the land may also be sold in place by the board at not less than the fair market value as determined by the same methods as are provided for leasing of lands under this subchapter for development of the minerals in the lands.

  24. Tex. Education Code Sec. 85.53. TRACTS, LOTS, BLOCKS. The board may cause the lands to be surveyed or subdivided into tracts, lots, or blocks that will, in its judgment, be most conducive and convenient to facilitate the advantageous sale of lease for oil, gas, sulphur, mineral ore, and other minerals, and may make maps and plats that may be thought necessary to carry out the purposes of this subchapter. The board may obtain authentic abstracts of title to all the lands as it deems necessary from time to time, and may take any steps necessary to perfect a merchantable title to the lands in the State of Texas.

  25. Tex. Education Code Sec. 85.54. PLACING LEASES ON MARKET; ADVERTISING.

  26. Tex. Education Code Sec. 85.55. PUBLIC AUCTION; BIDS; ACCEPTANCE; REJECTION; PAYMENTS.

  27. Tex. Education Code Sec. 85.56. SUBSEQUENT PROCEDURE IF NO BIDS ACCEPTED. If no bid is accepted by the board at the public auction, any subsequent procedure for the sale of oil, gas, sulphur, mineral ore, and other mineral leases shall be in the manner prescribed by this subchapter.

  28. Tex. Education Code Sec. 85.57. WITHDRAWAL OF LAND ADVERTISED. The board may withdraw any lands advertised for lease or for the sale of mineral ore in place.

  29. Tex. Education Code Sec. 85.58. ACCEPTANCE OF BIDS; AWARD OF LEASE.

  30. Tex. Education Code Sec. 85.59. EXPLORATORY TERM; EXTENSION; OTHER PROVISIONS OF LEASE.

  31. Tex. Education Code Sec. 85.60. DISCONTINUANCE OF YEARLY PAYMENTS; TERMINATION FOR NONPRODUCTION. When the royalties amount to as much as the yearly payments as fixed by the board, the yearly payments may be discontinued. If before the expiration of five years oil, gas, sulphur, mineral ore, and other minerals have not been produced in paying quantities, the lease shall terminate unless extended as provided by this subchapter.

  32. Tex. Education Code Sec. 85.61. OPERATIONS UNDER LEASE: EFFECT ON RENTAL PAYMENTS, TERM OF LEASE. If, during the term of any lease issued under the provisions of this subchapter, the lessee is engaged in actual drilling and mining operations for the discovery of oil, gas, sulphur, mineral ore, and other minerals on land covered by any such lease, no rentals shall be payable as to the tract on which the operations are being conducted as long as the operations are proceeding in good faith; and if oil, gas, sulphur, mineral ore, and other minerals are discovered in paying quantities on any tract of land covered by any lease, then the lease as to that tract shall remain in force as long as oil, gas, sulphur, mineral ore, and other minerals are produced in paying quantities from the tract.

  33. Tex. Education Code Sec. 85.62. PRORATION OR REDUCTION OF PRODUCTION. When, in the discretion of the board, it is for the best interest of the state to prorate or reduce production of any land, the board may execute the necessary contract to carry out that purpose.

  34. Tex. Education Code Sec. 85.63. INTERFERENCE WITH SURFACE USES. No lease for oil, gas, sulphur, mineral ore, and other minerals shall be made by the board which will permit the drilling or mining for oil, gas, sulphur, mineral ore, and other minerals within 300 feet of any building on the land without the consent of the board. A lease on any experimental station or farm shall provide that the operations for oil, gas, sulphur, mineral ore, and other minerals shall not in any way interfere with use of the land as an experimental station and shall not cause the abandonment of the property or its use for experimental farm purposes; and the lessee shall drill, mine, and carry on his operations in such a way as not to cause the abandonment of the property for experimental farm purposes, and any such leased property shall be subject to the use by the State of Texas for all experimental purposes and the board shall continue to operate the experimental station.

  35. Tex. Education Code Sec. 85.64. PROTECTION FROM DRAINAGE. In every case where the area in which oil, gas, sulphur, mineral ore, and other minerals sold shall be contiguous or adjacent to lands which are not lands belonging to and held by the university system, the acceptance of the bid and the sale made thereby shall constitute an obligation on the owner to adequately protect the land leased from drainage from the adjacent lands to the extent that a reasonably prudent operator would do under the same and similar circumstances. In cases where the area in which the oil, gas, sulphur, mineral ore, and other minerals are sold is contiguous to other lands belonging to and held by the university system which have been leased or sold at a lesser royalty, the owner shall likewise protect the land from drainage from the lands so leased or sold for a lesser royalty. On failure to protect the land from drainage as herein provided, the sale and all rights thereunder may be forfeited by the board in the manner provided in this subchapter for forfeitures.

  36. Tex. Education Code Sec. 85.65. RIGHTS OF PURCHASER; ASSIGNMENT; RELINQUISHMENT.

  37. Tex. Education Code Sec. 85.66. ROYALTY PAYMENTS; INSPECTION OF RECORDS; REPORT OF LAND COMMISSIONER.

  38. Tex. Education Code Sec. 85.67. FORFEITURE; OTHER REMEDIES; LIEN.

  39. Tex. Education Code Sec. 85.68. FILING OF RECORDS. All surveys, files, records, copies of sale and lease contracts, and all other records pertaining to the sales and leases hereby authorized, shall be filed in the general land office and constitute archives thereof.

  40. Tex. Education Code Sec. 85.69. PAYMENTS; DISPOSITION. Payments under this subchapter shall be made to the commissioner of the general land office at Austin, who shall transmit to the board all royalties, lease fees, rentals for delay in drilling or mining, and all other payments, including all filing assignments and relinquishment fees, to be deposited as provided by Section 85.70.

  41. Tex. Education Code Sec. 85.70. CERTAIN MINERAL LEASES; DISPOSITION OF MONEY; SPECIAL FUNDS; INVESTMENT.

  42. Tex. Education Code Sec. 85.71. FORMS; CONTRACTS; REGULATIONS. The board shall adopt forms and contracts and shall promulgate rules and regulations that in its best judgment will protect the income from lands leased under this subchapter. A majority of the board may act in all cases, except where otherwise provided by this subchapter.

Chapter 86

  1. Tex. Education Code Sec. 86.01. DEFINITIONS. In this chapter:

  2. Tex. Education Code Sec. 86.02. TEXAS A & M UNIVERSITY. Texas A & M University is an institution of higher education located in the city of College Station. It is under the management and control of the board of directors of The Texas A & M University System.

  3. Tex. Education Code Sec. 86.03. LEADING OBJECT. The leading object of the university shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanical arts, in such manner as the legislature may prescribe, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions in life.

  4. Tex. Education Code Sec. 86.11. APPOINTMENT OF PRESIDENT, OFFICERS, PROFESSORS. The board shall appoint the president, the professors, and other officers it deems proper to keep the university in successful operation. It may abolish any office it deems unnecessary.

  5. Tex. Education Code Sec. 86.12. ENTOMOLOGIST. The president and board shall employ an expert entomologist, one or more, as may be deemed necessary, whose duty it shall be to devise, if possible, means of destroying the Mexican boll weevil, boll worm, caterpillar, sharpshooter, chinch bug, peach bug, fly and worm and other insect pests and to perform the duties of professor of entomology in the university.

  6. Tex. Education Code Sec. 86.13. CIVIL ENGINEER; SOIL CONSERVATION DEMONSTRATIONS. The board shall employ a graduate civil engineer of the university who has a practical and scientific knowledge of the conservation of moisture and soil fertility, who understands the practical art of terracing farmland to preserve the moisture and soil fertility and to prevent the washing away and the destruction of the properties of the soil, and who has had five years' actual experience in terracing farmlands in some southern state. He shall make his headquarters at the university, where he shall instruct the students by lecture and practical demonstration in the best method of such conservation and terracing so as to enable them to do the work successfully. He shall devote one-half of his time to such instruction, and the other half shall be spent in field work, giving practical demonstrations in terracing to farmers' institutes and other farmers' organizations; and the president of the university shall require him to go over the state on the application of farmers desiring expert instruction in terracing farmlands and in conserving the moisture and soil fertility. He shall be furnished with the necessary instruments and equipment for the demonstration and instruction.

  7. Tex. Education Code Sec. 86.14. SPECIAL SUMMER SCHOOL. The board shall provide for a special summer school of at least two months each year for the training of special students who shall be admitted without an entrance examination, and may make provisions for the summer school, purchase the necessary equipment, and generally do and perform all acts necessary to establish and maintain the summer school.

  8. Tex. Education Code Sec. 86.15. SUMMER SESSIONS; ELEMENTARY AGRICULTURE FOR TEACHERS. The board shall require the teaching of elementary agriculture for teachers in the summer sessions.

  9. Tex. Education Code Sec. 86.16. FIREMEN'S TRAINING SCHOOL.

  10. Tex. Education Code Sec. 86.18. GRADUATE PROGRAMS; CONTRACTS WITH BAYLOR UNIVERSITY. The university may enter into contracts and agreements with Baylor University for joint participation in graduate programs that may be designed to benefit the state.

  11. Tex. Education Code Sec. 86.20. AIRPORT. The university may own and operate an airport, may accept federal aid and money for those purposes, and may enter into sponsor's assurance agreements with the federal government. It may operate the airport separately or in cooperation with a city, a county, the state, or the federal government, with the approval of the appropriate governing body, but without any expense to or liability against the state in any manner.

  12. Tex. Education Code Sec. 86.21. PERPETUAL FUND. The money arising from the sale of the 180,000 acres of land donated to this state by the United States under the provisions of an Act of Congress passed on the second day of July, 1862, and an amended Act of Congress of July 23, 1866, shall constitute a perpetual fund, under the conditions and restrictions imposed by the above recited Acts, for the benefit of Texas A & M University; and the investment of the money, heretofore made in the bonds of the state, when those bonds are redeemed, may be made by the board in United States government securities in furtherance of the interests of the university and in accordance with the terms on which it was received.

  13. Tex. Education Code Sec. 86.22. ACCRUED INTEREST. The interest heretofore collected by the State Board of Education in accordance with the provisions of the act of August 21, 1876, due at the end of the fiscal year of 1876, on the bonds belonging to the Agricultural and Mechanical College and invested in six percent state bonds, shall also constitute a part of the perpetual fund of the university until the legislature shall otherwise provide. The state board shall collect the semiannual interest on the bonds as it becomes due, and place the money in the state treasury to the credit of the fund. The interest on all such bonds is set apart exclusively for the use of the university and shall be drawn from the treasury by the board of directors on vouchers audited by the board, or approved by the governor and attested by the secretary of the board. On the vouchers being filed with the comptroller, he shall draw his warrant on the state treasury as necessary to pay the directors, professors and officers of the university.

  14. Tex. Education Code Sec. 86.23. NAME OF SYSTEM AND COMPONENT INSTITUTIONS AND AGENCIES.

  15. Tex. Education Code Sec. 86.24. ESTABLISHMENT OF A CEMETERY.

  16. Tex. Education Code Sec. 86.51. TEXAS REAL ESTATE RESEARCH CENTER. The Texas Real Estate Research Center is established at Texas A&M University. The operating budget, staffing, and activities of the center shall be approved by the board of regents of The Texas A&M University System.

  17. Tex. Education Code Sec. 86.52. REAL ESTATE RESEARCH ADVISORY COMMITTEE.

  18. Tex. Education Code Sec. 86.53. PURPOSES, OBJECTIVES, AND DUTIES OF THE CENTER. The purposes, objectives, and duties of the center are as follows:

  19. Tex. Education Code Sec. 86.54. PUBLICATION CHARGES; GIFTS AND GRANTS. The center may make a charge for its publications and may receive gifts and grants from foundations, individuals, and other sources for the benefit of the research center.

  20. Tex. Education Code Sec. 86.55. ANNUAL REPORT. A report of the activities and accomplishments of the center shall be published annually.

  21. Tex. Education Code Sec. 86.81. CENTER FOR TEXAS BEACHES AND SHORES.

  22. Tex. Education Code Sec. 86.82. INSTITUTE FOR A DISASTER RESILIENT TEXAS.

Chapter 87

  1. Tex. Education Code Sec. 87.001. TARLETON STATE UNIVERSITY. Tarleton State University is a coeducational institution of higher education located in the city of Stephenville. It is under the management and control of the board of regents of The Texas A&M University System.

  2. Tex. Education Code Sec. 87.002. STUDENT LOAN FUND. The sum of $75,000 donated by the citizenship of Stephenville and Erath County shall be administered by the board of regents for the benefit of the students of Tarleton State University in such manner as the board may deem advisable.

  3. Tex. Education Code Sec. 87.004. TEXAS INSTITUTE FOR APPLIED ENVIRONMENTAL RESEARCH.

  4. Tex. Education Code Sec. 87.101. PRAIRIE VIEW A & M UNIVERSITY. Prairie View A&M University is a coeducational institution of higher education located at Prairie View, in Waller County.

  5. Tex. Education Code Sec. 87.102. GOVERNING BOARD. The university is under the control and supervision of the board of directors of The Texas A&M University System. The board has the same powers and duties with respect to this university as are conferred on it by statute with respect to Texas A&M University.

  6. Tex. Education Code Sec. 87.103. CERTAIN LAND IN WALLER COUNTY UNDER CONTROL OF BOARD.

  7. Tex. Education Code Sec. 87.104. PURPOSE OF THE UNIVERSITY. In addition to its designation as a statewide general purpose institution of higher education and its designation as a land-grant institution, Prairie View A&M University is designated as a statewide special purpose institution of higher education for instruction, research, and public service programs dedicated to:

  8. Tex. Education Code Sec. 87.105. CENTER FOR THE STUDY AND PREVENTION OF JUVENILE CRIME AND DELINQUENCY.

  9. Tex. Education Code Sec. 87.106. INSTITUTE FOR PRESERVATION OF HISTORY AND CULTURE.

  10. Tex. Education Code Sec. 87.107. CENTER FOR RELATIONSHIP VIOLENCE PREVENTION AND INTERVENTION.

  11. Tex. Education Code Sec. 87.108. PRAIRIE VIEW A&M UNDERGRADUATE MEDICAL ACADEMY.

  12. Tex. Education Code Sec. 87.201. TEXAS A&M UNIVERSITY AT GALVESTON; ROLE AND MISSION.

  13. Tex. Education Code Sec. 87.202. GENERAL POWERS AND DUTIES. The board shall have the same powers and duties with respect to this university as are conferred on it by statute with respect to Texas A&M University.

  14. Tex. Education Code Sec. 87.203. ADMISSION, DISCIPLINE, INSTRUCTION. The board shall prescribe the standards of admission and admit the applicants who meet the requirements. Students shall be subject to the regulations of conduct and discipline prescribed by the board. The board shall make provision for the proper instruction, for courses of study, and for the care, supervision, and management of the school; and the board is vested with all powers necessary for the proper discharge of these duties.

  15. Tex. Education Code Sec. 87.204. FUNDS, PROPERTIES, AGREEMENTS. The board may receive any funds or property that may be subscribed, loaned, or bequeathed for the organization or maintenance of the university and shall execute all necessary agreements for the faithful application of the funds or property.

  16. Tex. Education Code Sec. 87.205. FEES AND CHARGES. The fact that this university offers United States Maritime Service Cadet (license-option) students practical and technical instruction in the arts and sciences relating to the foregoing subjects, and the further fact that training in these fields will lead to immediate licensing in the United States Flag Fleet and remunerative employment for those who have finished the prescribed courses, make it necessary that larger fees be charged license-option students who enter the university than are now paid by non-license-option students enrolled in state-supported institutions of higher education. Therefore, the provisions of Subchapter E, Chapter 54 of this Code, do not apply to the license-option students enrolled in the university. The board is specifically charged with the duty of assessing such fees and charges against the students who enter the university as may be necessary to provide for the maintenance and support of the university.

  17. Tex. Education Code Sec. 87.206. INSTRUCTION IN FIELD OF MARINE RESOURCES. In addition to the instruction authorized in Section 87.201 of this code, the school or any other school created under this subchapter may provide instruction for all students in educational programs related to the general field of marine resources. Such courses must have the prior approval of the Coordinating Board, Texas College and University System.

  18. Tex. Education Code Sec. 87.207. MOLLUSCAN SHELLFISH PROGRAMS.

  19. Tex. Education Code Sec. 87.208. SEABORNE CONSERVATION CORPS. If the board of regents of The Texas A&M University System administers a program that is substantially similar to the Seaborne Conservation Corps as it was administered by the board during the 1998-1999 school year, the program is entitled, for each student enrolled, to allotments from the Foundation School Program under Chapter 48 as if the program were a school district, except that the program has a local share applied that is equivalent to the local fund assignment of the school district in which the principal facilities of the program are located.

  20. Tex. Education Code Sec. 87.301. ESTABLISHMENT.

  21. Tex. Education Code Sec. 87.302. COURSES AND DEGREES; RULES; JOINT APPOINTMENTS.

  22. Tex. Education Code Sec. 87.401. ESTABLISHMENT; SCOPE.

  23. Tex. Education Code Sec. 87.402. COURSES AND DEGREES; RULES; JOINT APPOINTMENTS.

  24. Tex. Education Code Sec. 87.501. ESTABLISHMENT; SCOPE.

  25. Tex. Education Code Sec. 87.502. COURSES AND DEGREES; RULES; JOINT APPOINTMENTS.

  26. Tex. Education Code Sec. 87.503. GRADUATE SCHOOL OF INTERNATIONAL TRADE. Subject to the approval of the governing board of Texas A&M International University and the Texas Higher Education Coordinating Board, a graduate school of international trade at Texas A&M International University shall be established.

  27. Tex. Education Code Sec. 87.504. CENTER FOR BORDER ECONOMIC AND ENTERPRISE DEVELOPMENT.

  28. Tex. Education Code Sec. 87.505. TEXAS ACADEMY OF INTERNATIONAL STUDIES.

  29. Tex. Education Code Sec. 87.551. ESTABLISHMENT.

  30. Tex. Education Code Sec. 87.552. COURSES AND DEGREES; RULES; JOINT APPOINTMENTS.

  31. Tex. Education Code Sec. 87.571. ESTABLISHMENT; POWERS AND DUTIES.

  32. Tex. Education Code Sec. 87.841. TEXAS A&M UNIVERSITY--SAN ANTONIO.

  33. Tex. Education Code Sec. 87.861. TEXAS A&M UNIVERSITY--CENTRAL TEXAS.

  34. Tex. Education Code Sec. 87.881. ESTABLISHMENT; SCOPE.

  35. Tex. Education Code Sec. 87.882. COURSES AND DEGREES; ADMINISTRATION.

  36. Tex. Education Code Sec. 87.883. GIFTS AND GRANTS. The board of regents may solicit, accept, and administer gifts and grants for the use and benefit of the university.

Chapter 88

  1. Tex. Education Code Sec. 88.001. AGENCIES AND SERVICES. The agencies and services of the Texas A&M University System are:

  2. Tex. Education Code Sec. 88.002. DEFINITION. In this chapter, "board" means the board of regents of The Texas A&M University System.

  3. Tex. Education Code Sec. 88.101. DIRECTOR OF TEXAS FOREST SERVICE. The board shall appoint a director of the Texas Forest Service, who shall be a technically trained forester with not less than two years of experience in professional forestry work.

  4. Tex. Education Code Sec. 88.1015. DEFINITIONS. In this subchapter:

  5. Tex. Education Code Sec. 88.102. GENERAL DUTIES. Under the general supervision of the board, the director shall:

  6. Tex. Education Code Sec. 88.103. ENFORCEMENT; APPOINTMENT OF PEACE OFFICERS. The director may appoint not to exceed 25 employees of the Texas Forest Service who are certified by the Texas Commission on Law Enforcement as qualified to be peace officers to serve as peace officers under the direction of the director in executing the enforcement duties of that agency. The appointments must be approved by the board which shall commission the appointees as peace officers. Any officer commissioned under this section is vested with all the powers, privileges, and immunities of peace officers in the performance of the officer's duties. The officer shall take the oath required of peace officers.

  7. Tex. Education Code Sec. 88.1035. USE OF FUNDS TO SUPPORT PEACE OFFICER TRAINING. The Texas Forest Service, subject to director approval, may use appropriated funds to purchase food and beverages for training functions required of peace officers of the Texas Forest Service.

  8. Tex. Education Code Sec. 88.104. AUTHORITY TO ENTER PRIVATE LAND.

  9. Tex. Education Code Sec. 88.105. COOPERATION WITH PERSONS AND AGENCIES. On request, under the sanction of the board, and whenever the director deems it essential to the best interests of the people of the state, the director shall cooperate with counties, towns, corporations, or individuals in preparing plans for the protection, management, and replacement of trees, woodlots, and timber tracts, under an agreement that the parties obtaining the assistance pay at least the field expenses of the persons employed in preparing the plans. The board may cooperate with the National Forest Service under terms it deems desirable.

  10. Tex. Education Code Sec. 88.106. COOPERATION WITH FEDERAL AGENCIES; RURAL FIRE PROTECTION PLANS; FIRE TRAINING; DISPOSITION OF USED OR OBSOLETE EQUIPMENT.

  11. Tex. Education Code Sec. 88.107. FOREST LAND: ACQUISITION BY GIFT OR PURCHASE.

  12. Tex. Education Code Sec. 88.108. ACQUISITION OF LAND FOR FORESTRY PURPOSES; DISPOSITION.

  13. Tex. Education Code Sec. 88.1085. USE OF LAND IN WILLIAM GOODRICH JONES STATE FOREST.

  14. Tex. Education Code Sec. 88.109. USE OF CERTAIN DEPARTMENT OF CRIMINAL JUSTICE LAND FOR REFORESTATION. The several tracts of land in Cherokee County near Maydelle, consisting of approximately 2,150 acres, owned by the Texas Department of Criminal Justice, is set aside for reforestation purposes to be used by Texas A&M University to demonstrate reforestation work.

  15. Tex. Education Code Sec. 88.110. PURCHASE OF LAND FOR SEEDLING NURSERY. The board may acquire by purchase in the name of the State of Texas for the use and benefit of the Texas Forest Service, and may improve, a sufficient quantity of land suitable for the operation of a forest tree seedling nursery in the reforestation program of the Texas Forest Service and for the production of other forest products. However, not more than 400 acres of land may be purchased under this section; and the selling price of seedlings produced on the land, as far as practical, shall represent the cost of production plus at least 10 percent.

  16. Tex. Education Code Sec. 88.111. FOREST LAND ACQUIRED BY STATE UNDER TAX SALE. When pine forest land is sold to the state for the payment of taxes, interest, penalty, and costs adjudged against the land, as provided in Article 7328, Revised Civil Statutes of Texas, 1925, as amended, and not redeemed or resold as provided in Article 7328, the land shall be withdrawn from the market and shall be held, protected, and administered by the board as state forest; and the board may manage, use, and improve the pine forest land as fully and to the same extent as in the case of other forest land held by it in accordance with the law. Forest land, as used in this section, includes all land on which is growing pine timber of any material value and all cutover pine timberland which may reasonably be expected to produce, by reason of natural or other methods of reforestation, another growth of pine timber of any material value.

  17. Tex. Education Code Sec. 88.112. SOUTH CENTRAL INTERSTATE FOREST FIRE PROTECTION COMPACT. The South Central Interstate Forest Fire Protection Compact has been ratified by the states of Texas, Arkansas, Louisiana, Mississippi, and Oklahoma. The text of the compact is set out in Section 88.116 of this code, and an authenticated copy is on file in the office of the secretary of state.

  18. Tex. Education Code Sec. 88.113. COMPACT ADMINISTRATOR. The director of the Texas Forest Service shall act as compact administrator for the State of Texas and represent Texas in the South Central Interstate Forest Fire Protection Compact.

  19. Tex. Education Code Sec. 88.114. ADVISORY COMMITTEE. The advisory committee referred to in Article III of the compact shall be composed of four members selected as follows: One member shall be named from the membership of the Senate of the State of Texas by the Lieutenant Governor; one member shall be named from the membership of the House of Representatives of the State of Texas by the Speaker; and two members shall be appointed by the governor, one of whom shall be selected from among the persons who comprise the board of directors of The Texas A & M University System, and one of whom shall be a person associated with forestry or a forest products industry.

  20. Tex. Education Code Sec. 88.115. LEGISLATIVE INTENT. It is the intent of the Legislature of the State of Texas, in ratifying the South Central Interstate Forest Fire Protection Compact, that this compact is and shall be a joint program of the member states and that representatives of the United States government shall participate in compact meetings or in other activities under the compact only in the manner and to the extent authorized by the representatives of the member states, appointed pursuant to the terms of this compact.

  21. ARTICLE I.

  22. ARTICLE II.

  23. ARTICLE III.

  24. ARTICLE IV.

  25. ARTICLE IX.

  26. ARTICLE V.

  27. ARTICLE VI.

  28. ARTICLE VII.

  29. ARTICLE VIII.

  30. Tex. Education Code Sec. 88.116. TEXT OF COMPACT. The South Central Interstate Forest Fire Protection Compact reads as follows:

  31. Tex. Education Code Sec. 88.117. STATEWIDE FIRE CONTINGENCY ACCOUNT.

  32. Tex. Education Code Sec. 88.118. STATEWIDE FIRE COORDINATION CENTER.

  33. Tex. Education Code Sec. 88.119. REGIONAL WILDFIRE COORDINATORS.

  34. Tex. Education Code Sec. 88.120. WILDFIRE TRAINING. The Texas Forest Service is the lead agency of the state for providing and coordinating training in fighting wildfires.

  35. Tex. Education Code Sec. 88.122. INCIDENT MANAGEMENT TEAMS.

  36. Tex. Education Code Sec. 88.123. VOLUNTEER FIRE DEPARTMENT ASSISTANCE.

  37. Tex. Education Code Sec. 88.124. WILDFIRE PROTECTION PLAN.

  38. Tex. Education Code Sec. 88.125. COST-EFFECTIVE USE OF RESOURCES. In determining the appropriate wildfire response, the Texas Forest Service shall use the most cost-effective combination of volunteer firefighters, temporary employees of the Texas Forest Service, and out-of-state personnel and equipment available.

  39. Tex. Education Code Sec. 88.1255. STATEWIDE DATABASE OF FIREFIGHTING EQUIPMENT.

  40. Tex. Education Code Sec. 88.126. WORKERS' COMPENSATION INSURANCE COVERAGE: INTRASTATE FIRE MUTUAL AID SYSTEM AND REGIONAL INCIDENT MANAGEMENT TEAMS.

  41. Tex. Education Code Sec. 88.201. PURPOSES. There shall be established, at places in the state the board of directors deems proper, experiment stations for the purpose of making experiments and conducting investigations in the planting and growing of agricultural and horticultural crops and soils, and the breeding, feeding and fattening of livestock for slaughter.

  42. Tex. Education Code Sec. 88.202. MAIN STATE EXPERIMENT STATION. The experiment station located at College Station, which is in part supported by the federal government, shall remain there as a permanent institution. It shall be known as the Main State Experiment Station and shall be under the supervision of the board of directors. The board may accept from the federal government any aid in its support that may be provided by Congress.

  43. Tex. Education Code Sec. 88.203. SUBSTATIONS.

  44. Tex. Education Code Sec. 88.204. SALE OF STATIONS. If property used in the operation of a station is sold, the title to the property shall not pass from this state until a deed of conveyance is made to the purchaser, duly signed by the governor and attested by the secretary of state under the state seal. All funds received from the sale of station lands or property shall be deposited in the state treasury and shall be paid out in accordance with the provisions of this subchapter.

  45. Tex. Education Code Sec. 88.205. SALE OF CROPS. Proceeds from the sale, barter, or exchange of crops raised on any experiment station shall be applied to defray the expenses of operating the station.

  46. Tex. Education Code Sec. 88.206. DONATIONS; LEASES.

  47. Tex. Education Code Sec. 88.207. EXPENSES; PER DIEM. The necessary traveling expenses of the members of the board and those of the director and his assistants shall be paid out of the funds appropriated by this state for the maintenance and support of the experiment stations. In addition to actual traveling expenses, each member of the board, when traveling on the official business of the stations, shall be paid $5 per day while actually engaged in the discharge of his duties.

  48. Tex. Education Code Sec. 88.208. INSPECTIONS. The board shall visit the stations once a year and shall make criticisms to the director and his assistants that it deems expedient and necessary.

  49. Tex. Education Code Sec. 88.209. DIRECTOR.

  50. Tex. Education Code Sec. 88.211. BULLETIN. The director shall periodically issue and circulate among the farmers and livestock raisers of Texas printed bulletins showing the results of the experiments and the results accomplished and the progress made in the improvement of the agricultural and livestock interests of this state. The bulletins shall be mailed to all persons who desire them. The director shall invite the cooperation of persons engaged in those industries and shall give them advice when requested with reference to the management and cultivation of their farms and the care, management, and feeding of their stock.

  51. Tex. Education Code Sec. 88.212. DISBURSEMENTS. Before warrants are issued by the comptroller in payment of state experiment station accounts, vouchers covering them shall be audited and signed by the director or an assistant designated by him, in writing, for that purpose, and also by a member of the board.

  52. Tex. Education Code Sec. 88.213. AGRICULTURAL RESEARCH PRODUCTS. The board of regents of The Texas A&M University System shall generate revenues through agreements establishing equitable interests, royalties, and patent rights relating to releases of agricultural research products by the Texas agricultural experiment station when economically feasible.

  53. Tex. Education Code Sec. 88.301. DEFINITIONS. In this subchapter:

  54. Tex. Education Code Sec. 88.302. TEXAS TASK FORCE 1. Texas Task Force 1 is a program of the Texas Engineering Extension Service providing training and responding to assist in search, rescue, and recovery efforts following natural or man-made disasters.

  55. Tex. Education Code Sec. 88.303. WORKERS' COMPENSATION INSURANCE COVERAGE.

  56. Tex. Education Code Sec. 88.500. ESTABLISHMENT. The Texas Engineering Experiment Station is a part of The Texas A&M University System under the management and control of the board of regents of The Texas A&M University System.

  57. Tex. Education Code Sec. 88.501. PURPOSE.

  58. Tex. Education Code Sec. 88.502. ACCEPTANCE OF FUNDS. In addition to any other authority which it may possess, the board of regents is authorized to accept funds from both public and private sources, in addition to any amounts which shall be appropriated by the legislature for the use of any program or division of the agency.

  59. Tex. Education Code Sec. 88.503. SPATIAL REFERENCE CENTER.

  60. Tex. Education Code Sec. 88.521. DEFINITIONS. In this subchapter:

  61. Tex. Education Code Sec. 88.522. ACCOUNT.

  62. Tex. Education Code Sec. 88.525. GRANTS.

  63. Tex. Education Code Sec. 88.526. REPORTING.

  64. Tex. Education Code Sec. 88.527. CONFERENCE. Texas AgriLife Research shall conduct an annual conference on equine research. Money from the equine research account shall be used to defray the costs of the conference. The conference must be designed to bring to the attention of the Texas horse racing industry the latest research results and technological developments in equine research. The director shall make the report created under Section 88.526 available at the conference.

  65. Tex. Education Code Sec. 88.541. DUTIES OF TEXAS CENTER FOR ADULT LITERACY AND LEARNING.

  66. Tex. Education Code Sec. 88.601. DEFINITIONS. In this subchapter:

  67. Tex. Education Code Sec. 88.602. ESTABLISHMENT. The Center for Ports and Waterways is established as a component of the Texas Transportation Institute, a component of The Texas A&M University System. The operating budget, staffing, and activities of the center shall be approved by the board of regents of The Texas A&M University System.

  68. Tex. Education Code Sec. 88.603. PURPOSE. The center shall carry out a program of research, education, and technology transfer to support the state's role in the inland waterway and port system in Texas.

  69. Tex. Education Code Sec. 88.604. PROGRAM. The program of the center shall be authorized to include:

  70. Tex. Education Code Sec. 88.605. DIRECTOR. The center is under the supervision and direction of the director and shall be operated and managed as a joint program between the consortium. The director of the center is under the supervision and direction of the Director of the Texas Transportation Institute.

  71. Tex. Education Code Sec. 88.606. STEERING COMMITTEE.

  72. Tex. Education Code Sec. 88.607. MARITIME/MARINE INDUSTRY COUNCIL.

  73. Tex. Education Code Sec. 88.608. FUNDING. The center is authorized to receive state appropriated funds as deemed appropriate by the legislature.

  74. Tex. Education Code Sec. 88.609. GIFTS AND GRANTS. The center shall seek and may receive gifts and grants from federal sources, foundations, individuals, and other sources for the benefit of the center.

  75. Tex. Education Code Sec. 88.610. CONTRACTS. The center is authorized to enter into interagency contracts and agreements and to contract with local, state, county, federal, and private sources for work under the center's programs.

  76. Tex. Education Code Sec. 88.701. TEXAS VETERINARY MEDICAL DIAGNOSTIC LABORATORY. The Texas Veterinary Medical Diagnostic Laboratory is a state agency under the jurisdiction and supervision of the board.

  77. Tex. Education Code Sec. 88.702. EXECUTIVE DIRECTOR AND EMPLOYEES.

  78. Tex. Education Code Sec. 88.704. CONFLICT OF INTEREST.

  79. Tex. Education Code Sec. 88.705. USE OF TECHNOLOGY. The executive director shall implement a policy requiring the Texas Veterinary Medical Diagnostic Laboratory to use appropriate technological solutions to improve the laboratory's ability to perform its functions. The policy must ensure that the public is able to interact with the laboratory on the Internet.

  80. Tex. Education Code Sec. 88.706. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION.

  81. Tex. Education Code Sec. 88.707. FEES.

  82. Tex. Education Code Sec. 88.708. POWERS AND DUTIES.

  83. Tex. Education Code Sec. 88.709. COMPLAINTS.

  84. Tex. Education Code Sec. 88.710. PLAN COORDINATOR; NATIONAL POULTRY IMPROVEMENT PLAN.

  85. Tex. Education Code Sec. 88.801. DEFINITIONS. In this chapter:

  86. Tex. Education Code Sec. 88.802. ESTABLISHMENT. The Center for Transportation Safety is established as a component of the institute and shall be administered in the same manner as other programs of the institute.

  87. Tex. Education Code Sec. 88.803. PROGRAMS.

  88. Tex. Education Code Sec. 88.804. CONTRACTS. The center may enter into interagency contracts and agreements and may contract with local, state, county, federal, and private entities for work under the center's programs.

  89. Tex. Education Code Sec. 88.821. DEFINITION. In this subchapter, "extension service" means the Texas AgriLife Extension Service.

  90. Tex. Education Code Sec. 88.822. PROGRAM REPORTS.

  91. Tex. Education Code Sec. 88.823. PEST, DISEASE, AND QUARANTINE ALERT SYSTEM.

Chapter 89

  1. Tex. Education Code Sec. 89.001. DEFINITIONS. In this chapter:

  2. Tex. Education Code Sec. 89.002. COMPOSITION.

  3. Tex. Education Code Sec. 89.003. MANDATORY VENUE.

  4. Tex. Education Code Sec. 89.004. EXPENDITURE OF STATE FUNDS. The board is authorized to expend funds appropriated to it by the legislature for all lawful purposes of the health science center and its component institutions, agencies, and programs as well as funds available under the authority of Section 18, Article VII, Texas Constitution, for the purposes expressed in that section for the support of the health science center and its component institutions, agencies, and programs.

  5. Tex. Education Code Sec. 89.051. THE TEXAS A&M UNIVERSITY SYSTEM HEALTH SCIENCE CENTER IRMA LERMA RANGEL COLLEGE OF PHARMACY.

Chapter 95

  1. Tex. Education Code Sec. 95.01. BOARD OF REGENTS. The organization, control, and management of the state university system is vested in the Board of Regents, Texas State University System.

  2. Tex. Education Code Sec. 95.02. BOARD MEMBERS: APPOINTMENT, QUALIFICATIONS, TERMS. The board is composed of nine members appointed by the governor with the advice and consent of the senate. The members hold office for terms of six years, with the terms of three members expiring February 1 of odd-numbered years. Each member of the board shall be a qualified voter; and the members shall be selected from different portions of the state.

  3. Tex. Education Code Sec. 95.03. BOARD MEETINGS. The board shall provide for regular meetings for the transaction of business pertaining to the affairs of the state university system. The chairman or a majority of the members of the board by petition may at any time call a special meeting of the board and fix the time and place thereof.

  4. Tex. Education Code Sec. 95.04. PER DIEM; EXPENSES. Members of the board shall receive a per diem payment as provided by the legislature and shall in addition be reimbursed for the actual expenses incurred by them in the performance of their duties. Payment shall be made out of the appropriation for the support and maintenance of the state university system as the board may direct.

  5. Tex. Education Code Sec. 95.05. QUORUM. Five members of the board shall be a quorum for the transaction of business at any meeting and, unless a greater number is required by the board's rules, the act of a majority of the members present at any meeting shall be the act of the board.

  6. Tex. Education Code Sec. 95.06. SYSTEM CENTRAL ADMINISTRATION OFFICE; EXECUTIVE OFFICER.

  7. Tex. Education Code Sec. 95.21. GENERAL RESPONSIBILITIES AND AUTHORITY OF BOARD.

  8. Tex. Education Code Sec. 95.22. INSPECTION OF UNIVERSITIES. The board as a whole or by committee shall visit each university under its control and management at least once during each scholastic year, inspect its work, and gather information which will enable the board to perform its duties intelligently and effectively.

  9. Tex. Education Code Sec. 95.23. LOCAL COMMITTEES OF BOARD. At least once a year each local committee of the board shall meet on the campus of the institution for which the local committee is responsible for reporting to the board. At the meeting, the local committee shall confer with the institution's officials and carefully examine all phases of the operations of the institution.

  10. Tex. Education Code Sec. 95.24. ADMISSION; DIPLOMAS AND CERTIFICATES. The board may determine the conditions on which students may be admitted to the universities, the grades of certificates issued, the conditions for the award of certificates and diplomas, and the authority by which certificates and diplomas are signed.

  11. Tex. Education Code Sec. 95.25. TEACHING CERTIFICATES. Diplomas and teachers certificates of each of the system universities authorize the holders to teach in the public schools.

  12. Tex. Education Code Sec. 95.27. ANNUAL REPORT TO GOVERNOR. The board shall make an annual report to the governor showing the general condition of the affairs of each university in the system and making recommendations for its future management and welfare.

  13. Tex. Education Code Sec. 95.28. DISBURSEMENT OF FUNDS. All appropriations made by the legislature for the support and maintenance of the system universities, for the purchase of land or buildings for the universities, for the erection or repair of buildings, for the purchase of apparatus, libraries, or equipment of any kind, or for any other improvement of any kind shall be disbursed under the direction and authority of the board. The board may formulate rules for the general control and management of the universities, for the auditing and approving of accounts, and for the issuance of vouchers and warrants which are necessary for the efficient administration of the universities.

  14. Tex. Education Code Sec. 95.29. FINANCIAL STATEMENTS AND RECOMMENDATIONS. The board shall file in each house of the legislature at each of its regular biennial sessions a statement of the receipts and expenditures of each of the system universities, showing the amount of salaries paid to the various teachers, contingent expenses, expenditures for improvements, and other items of expense. The board shall also file its recommendations for appropriations for the universities.

  15. Tex. Education Code Sec. 95.30. EMINENT DOMAIN. The board has the power of eminent domain to acquire for the use of the system universities the lands necessary and proper for carrying out their purposes, in the manner prescribed in Title 4, Chapter 21, of the Property Code. The taking of the land is for the use of the state. The board shall not be required to deposit a bond or the amount equal to the award of damages by the commissioners as provided in Section 21.021 of the Property Code.

  16. Tex. Education Code Sec. 95.31. ACQUISITION OF LAND; PROCEDURES. The board may acquire land, including the improvements thereupon, needed for the proper operation of a system university. The acquisition may be by grant, purchase, lease, exchange, gift, devise, or by condemnation.

  17. Tex. Education Code Sec. 95.32. DORMITORIES.

  18. Tex. Education Code Sec. 95.33. MANAGEMENT OF PROPERTY. The board of regents of the Texas State University System has the sole and exclusive management and control of the lands set aside and appropriated to, or acquired by, the Texas State University System. The board may sell, lease, and otherwise manage, control, and use the lands in any manner and at prices and under terms and conditions the board deems best for the interest of the Texas State University System, not in conflict with the constitution. However, the land shall not be sold at a price less per acre than that at which the same class of other public land may be sold under the statutes. No grazing lease shall be made for a period of more than 10 years.

  19. Tex. Education Code Sec. 95.34. DONATIONS, GIFTS, GRANTS, AND ENDOWMENTS.

  20. Tex. Education Code Sec. 95.36. MANAGEMENT AND LEASE OF LAND.

  21. Tex. Education Code Sec. 95.37. DELINQUENT STUDENT LOAN ACCOUNTS; VENUE. A suit by the Texas State University System on its own behalf or on behalf of a component institution of the Texas State University System to recover a delinquent student loan, account, or debt owed to the Texas State University System or a component institution of the Texas State University System shall be brought in Travis County.

Chapter 96

  1. Tex. Education Code Sec. 96.01. SUL ROSS STATE UNIVERSITY. Sul Ross State University is a coeducational institution of higher education located in the city of Alpine, with an educational center known as Sul Ross State University Rio Grande College operated in the cities of Del Rio, Eagle Pass, and Uvalde. The university is under the management and control of the Board of Regents, Texas State University System.

  2. Tex. Education Code Sec. 96.02. REFERENCE TO UVALDE STUDY CENTER. A reference in law to the Uvalde Study Center of Sul Ross State University means Sul Ross State University Rio Grande College.

  3. Tex. Education Code Sec. 96.41. TEXAS STATE UNIVERSITY. Texas State University is a coeducational institution of higher education with campuses located in the city of San Marcos and in the city of Round Rock. The university is under the management and control of the Board of Regents, Texas State University System.

  4. Tex. Education Code Sec. 96.42. ADVANCED LAW ENFORCEMENT RAPID RESPONSE TRAINING CENTER; CERTAIN DUTIES.

  5. Tex. Education Code Sec. 96.61. SAM HOUSTON STATE UNIVERSITY.

  6. Tex. Education Code Sec. 96.62. UNIVERSITY AIRPORT.

  7. Tex. Education Code Sec. 96.63. POLYTECHNIC COLLEGE.

  8. Tex. Education Code Sec. 96.64. BILL BLACKWOOD LAW ENFORCEMENT MANAGEMENT INSTITUTE OF TEXAS.

  9. Tex. Education Code Sec. 96.641. INITIAL TRAINING AND CONTINUING EDUCATION FOR POLICE CHIEFS AND COMMAND STAFF.

  10. Tex. Education Code Sec. 96.645. CORRECTIONAL MANAGEMENT INSTITUTE OF TEXAS.

  11. Tex. Education Code Sec. 96.65. CRIME VICTIMS' INSTITUTE.

  12. Tex. Education Code Sec. 96.651. CRIME VICTIMS' INSTITUTE ADVISORY COUNCIL.

  13. Tex. Education Code Sec. 96.652. CRIME VICTIMS' INSTITUTE ACCOUNT; AUDIT; REPORT.

  14. Tex. Education Code Sec. 96.66. SAM HOUSTON STATE UNIVERSITY COLLEGE OF OSTEOPATHIC MEDICINE.

  15. Tex. Education Code Sec. 96.701. LAMAR UNIVERSITY. Lamar University is a coeducational institution of higher education located in the city of Beaumont. The university is under the management and control of the board of regents, Texas State University System.

  16. Tex. Education Code Sec. 96.702. SPINDLETOP MEMORIAL MUSEUM. The board may create the Spindletop Memorial Museum at Lamar University and may administer the museum as the board considers appropriate.

  17. Tex. Education Code Sec. 96.703. LAMAR INSTITUTE OF TECHNOLOGY.

  18. Tex. Education Code Sec. 96.704. LAMAR STATE COLLEGE--PORT ARTHUR AND LAMAR STATE COLLEGE--ORANGE.

  19. Tex. Education Code Sec. 96.705. APPLICATION OF OTHER LAW. All other provisions of law, including provisions for student fees, applicable to institutions of the Texas State University System apply to Lamar University and its educational centers.

  20. Tex. Education Code Sec. 96.706. HAZARDOUS WASTE RESEARCH CENTER.

  21. Tex. Education Code Sec. 96.707. TEXAS ACADEMY OF LEADERSHIP IN THE HUMANITIES.

  22. Tex. Education Code Sec. 96.708. LAMAR UNIVERSITY CENTER FOR EXCELLENCE IN DEAF STUDIES AND DEAF EDUCATION.

Chapter 101

  1. Tex. Education Code Sec. 101.01. STEPHEN F. AUSTIN STATE UNIVERSITY.

  2. Tex. Education Code Sec. 101.11. BOARD OF REGENTS. The control and management of the university is vested in a board of nine regents appointed by the governor with the advice and consent of the senate.

  3. Tex. Education Code Sec. 101.12. TERM OF OFFICE. Members of the board hold office for staggered terms of six years, with the terms of three members expiring on January 31 of each odd-numbered year. Any vacancy shall be filled by appointment for the unexpired portion of the term.

  4. Tex. Education Code Sec. 101.13. QUALIFICATIONS; OATH. Each member of the board must be a citizen of the State of Texas and shall take the constitutional oath of office.

  5. Tex. Education Code Sec. 101.14. OFFICERS. The board shall elect a chairman and any other officer deemed necessary.

  6. Tex. Education Code Sec. 101.15. BYLAWS, RULES, REGULATIONS. The board shall enact bylaws, rules, and regulations necessary for the successful management and operation of the university.

  7. Tex. Education Code Sec. 101.16. UNIVERSITY PRESIDENT. The board shall select the president of the university.

  8. Tex. Education Code Sec. 101.17. MINUTES. The board shall cause accurate and complete minutes of its meetings to be maintained. The minutes are open to the public for inspection at the university during regular business hours, and certified copies of the minutes shall be furnished to anyone on payment of a fee set by the board.

  9. Tex. Education Code Sec. 101.19. EXPENSES. Members of the board shall serve without pay but shall be reimbursed for their actual expenses incurred in attending the work of the board, subject to the approval of the chairman of the board.

  10. Tex. Education Code Sec. 101.20. MEETINGS. The board shall hold an annual meeting on the campus of the university during the month of April, and at other times and places as scheduled by the board or designated by its chairman.

  11. Tex. Education Code Sec. 101.41. EXTENT OF POWERS. With respect to the management and control of the university, the board has the same powers and duties that are conferred on the Board of Regents, State Senior Colleges, with respect to institutions in that system.

Chapter 102

  1. Tex. Education Code Sec. 102.01. WEST TEXAS STATE UNIVERSITY. West Texas State University is a coeducational institution of higher education located in the city of Canyon.

  2. Tex. Education Code Sec. 102.11. BOARD OF REGENTS. The organization, control, and management of the university is vested in a board of nine regents appointed by the governor and confirmed by the senate. The members of the board shall be selected from different portions of the state.

  3. Tex. Education Code Sec. 102.111. TRANSFER OF GOVERNANCE TO TEXAS A&M SYSTEM.

  4. Tex. Education Code Sec. 102.12. TERMS; VACANCIES. The members of the board hold office for staggered terms of six years, with the terms of three members expiring each two years. Any vacancy that occurs on the board shall be filled for the unexpired term by appointment of the governor.

  5. Tex. Education Code Sec. 102.13. OATH. Each member of the board shall take the constitutional oath of office before assuming the duties of his office.

  6. Tex. Education Code Sec. 102.14. REMOVAL. The members of the board are removable by the governor for inefficiency or malfeasance of office.

  7. Tex. Education Code Sec. 102.15. OFFICERS. The board shall elect a chairman and any other officers it deems necessary.

  8. Tex. Education Code Sec. 102.16. MEETINGS. The chairman of the board may convene the board to consider any business connected with the university whenever he deems it expedient.

  9. Tex. Education Code Sec. 102.31. EXTENT OF POWERS. With respect to the management and control of the university, the board has the same powers and duties that are conferred on the Board of Regents, State Senior Colleges, with respect to institutions in that system.

  10. Tex. Education Code Sec. 102.32. LEASE OF LANDS TO FRATERNITIES AND SORORITIES.

  11. Tex. Education Code Sec. 102.33. AIRPORT. The university may own and operate an airport, may accept federal aid and money for those purposes, and may enter into sponsor's assurance agreements with the federal government. It may operate the airport separately or in cooperation with a city, a county, the state, or the federal government, with the approval of the appropriate governing body, but without any expense to or liability against the state in any manner.

  12. Tex. Education Code Sec. 102.35. DONATION AND CONSTRUCTION OF BUILDING FOR MUSEUM PURPOSES. The board may accept the donation from the Panhandle-Plains Historical Society of a building to be constructed for the benefit of the Panhandle-Plains Historical Museum. The building may be constructed, and existing buildings may be modified to connect with the new structure.

  13. Tex. Education Code Sec. 102.51. GIFTS AND DONATIONS; LOCATION OF CENTER. The board may accept gifts and donations of money and other personal property from the Killgore Foundation and from any other private organization or individual to establish, construct, maintain, and operate a regional center to be known as the Killgore Research Center, on any land held by the board for the use of the university.

  14. Tex. Education Code Sec. 102.52. TRANSFER OF MONEY; DISBURSEMENTS. All money so received shall be transferred as soon as available to the West Texas State University Foundation or to any other fund or foundation chosen by agreement between the donors and the administration of the university. The disbursement of all this money is under the supervision of the business manager of the university.

  15. Tex. Education Code Sec. 102.53. MAINTENANCE AND ADMINISTRATION. The maintenance and administration of the research center is the responsibility of the State of Texas acting through the administration of the university, with the advice and assistance of an advisory council on research selected by the administration and the donors.

  16. Tex. Education Code Sec. 102.54. PERMANENT RESEARCH PROGRAM. In order to provide for a permanent research program, the administration of the university may:

Chapter 105

  1. Tex. Education Code Sec. 105.001. UNIVERSITY OF NORTH TEXAS SYSTEM. The University of North Texas System is composed of:

  2. Tex. Education Code Sec. 105.002. DEFINITIONS. In this chapter:

  3. Tex. Education Code Sec. 105.051. BOARD OF REGENTS. The organization, control, and management of the University of North Texas System and each component institution of the system is vested in a board of nine regents appointed by the governor and confirmed by the senate.

  4. Tex. Education Code Sec. 105.052. TERM OF OFFICE; REMOVAL; VACANCY. The term of office of each regent is six years, with the terms of three regents expiring every two years. Members of the board may be removed from office for inefficiency or malfeasance of office. Any vacancy that occurs on the board shall be filled by the governor for the unexpired term.

  5. Tex. Education Code Sec. 105.053. OATH. Each member of the board shall take the constitutional oath of office before assuming the duties of his office.

  6. Tex. Education Code Sec. 105.054. OFFICERS; MEETINGS. The board shall elect a chairman and any other officers it considers necessary. The chairman may convene the board when the chairman considers it expedient to consider any business related to the system.

  7. Tex. Education Code Sec. 105.101. GENERAL POWERS AND DUTIES.

  8. Tex. Education Code Sec. 105.102. CHIEF EXECUTIVE OFFICERS.

  9. Tex. Education Code Sec. 105.103. EMINENT DOMAIN: RESTRICTION.

  10. Tex. Education Code Sec. 105.104. DONATIONS, GIFTS, GRANTS, AND ENDOWMENT.

  11. Tex. Education Code Sec. 105.105. FUNDS RECEIVED FOR TRUST SERVICES.

  12. Tex. Education Code Sec. 105.106. DISBURSEMENT OF FUNDS.

  13. Tex. Education Code Sec. 105.107. SYSTEM PROPERTY.

  14. Tex. Education Code Sec. 105.108. CONTRACTS.

  15. Tex. Education Code Sec. 105.109. JOINT APPOINTMENTS. The board may make joint appointments in the component institutions of the system, with the salary of any person who receives a joint appointment to be apportioned to the appointing institution on the basis of services rendered.

  16. Tex. Education Code Sec. 105.110. RESEARCH PARK.

  17. Tex. Education Code Sec. 105.151. MANDATORY VENUE; SERVICE OF PROCESS.

  18. Tex. Education Code Sec. 105.152. POLICE JURISDICTION. Campus peace officers shall have the same jurisdiction, powers, privileges, and immunities as specified in Section 51.203, Education Code.

  19. Tex. Education Code Sec. 105.153. DELEGATION OF MUNICIPAL PARKING REGULATION AUTHORITY.

  20. Tex. Education Code Sec. 105.154. CONSTRUCTION OF PROVISIONS REGARDING CAMPUS SECURITY PERSONNEL. Sections 105.152 and 105.153 do not:

  21. Tex. Education Code Sec. 105.201. DEFINITION. In this subchapter, "university" means the University of North Texas.

  22. Tex. Education Code Sec. 105.202. UNIVERSITY OF NORTH TEXAS. The University of North Texas is a coeducational institution of higher education located in the city of Denton.

  23. Tex. Education Code Sec. 105.203. CONTRACTS WITH CITY FOR UTILITY SERVICES. The board may contract with the City of Denton for the furnishing of water and other utility services to the university. The rates to be charged the university may not exceed those regularly established, published, and declared rates for similar customers. If there are no similar customers, the rates to be charged shall be those established by the City of Denton for commercial users. The city may make any adjustments, discounts, and special rates that the governing authorities of the city may consider appropriate to provide for the university.

  24. Tex. Education Code Sec. 105.204. MENTORING PROGRAM.

  25. Tex. Education Code Sec. 105.251. DESIGNATION. The historical collection of the University of North Texas, consisting of books, documents, stamps, coins, firearms, implements of warfare, relics, heirlooms, and other items of historical importance, is designated as a State Historical Collection, to be known as "The State Historical Collection of the University of North Texas."

  26. Tex. Education Code Sec. 105.252. GIFTS AND DONATIONS. The board may accept and receive gifts, donations, and collections of books, documents, stamps, coins, firearms, implements of warfare, relics, heirlooms, and collections of all kinds having historical importance and value, to be used in teaching the youth of this state.

  27. Tex. Education Code Sec. 105.253. RULES REGARDING GIFTS AND DONATIONS. The board may adopt any rules regarding the receiving and holding of these gifts, donations, and collections that it considers necessary and advisable.

  28. Tex. Education Code Sec. 105.301. ESTABLISHMENT; SCOPE.

  29. Tex. Education Code Sec. 105.302. SUPERVISION BY ADVISORY BOARD.

  30. Tex. Education Code Sec. 105.303. PROGRAM AND OPERATION.

  31. Tex. Education Code Sec. 105.304. EXTRACURRICULAR ACTIVITIES. The academy may offer any extracurricular activity that a public secondary school could offer. Students attending the academy may participate in all extracurricular activities sanctioned by the university interscholastic league.

  32. Tex. Education Code Sec. 105.305. ELIGIBILITY.

  33. Tex. Education Code Sec. 105.306. FUNDING.

  34. Tex. Education Code Sec. 105.307. DEAN.

  35. Tex. Education Code Sec. 105.308. LIABILITY.

  36. Tex. Education Code Sec. 105.401. UNIVERSITY OF NORTH TEXAS HEALTH SCIENCE CENTER AT FORT WORTH. The University of North Texas Health Science Center at Fort Worth is a coeducational institution of higher education that consists of a college of osteopathic medicine and other programs as prescribed by the board in accordance with the rules of the Texas Higher Education Coordinating Board.

  37. Tex. Education Code Sec. 105.403. TEACHING HOSPITAL; FACILITIES.

  38. Tex. Education Code Sec. 105.404. AGREEMENTS WITH OTHER ENTITIES. The board may execute and carry out affiliation or coordinating agreements with any other entity, school, or institution in this state to provide clinical, postgraduate, including internship and residency, or other levels of medical educational work for the health science center.

  39. Tex. Education Code Sec. 105.501. UNIVERSITY OF NORTH TEXAS AT DALLAS.

  40. Tex. Education Code Sec. 105.502. UNIVERSITY OF NORTH TEXAS SYSTEM COLLEGE OF LAW.

Chapter 106

  1. Tex. Education Code Sec. 106.01. TEXAS SOUTHERN UNIVERSITY. Texas Southern University is a coeducational institution of higher education located in the city of Houston.

  2. Tex. Education Code Sec. 106.02. PURPOSE OF THE UNIVERSITY. In addition to its designation as a statewide general purpose institution of higher education, Texas Southern University is designated as a special purpose institution of higher education for urban programming and shall provide instruction, research, programs, and services as are appropriate to this designation.

  3. Tex. Education Code Sec. 106.11. BOARD OF REGENTS. The government of the university is vested in a board of nine regents appointed by the governor with the advice and consent of the Senate.

  4. Tex. Education Code Sec. 106.12. TERMS OF OFFICE. Members of the board hold office for staggered terms of six years, with the terms of three directors expiring on February 1 of odd-numbered years.

  5. Tex. Education Code Sec. 106.13. QUALIFICATIONS; OATH. Each member of the board shall be a qualified voter of the state. The members shall be selected from different portions of the state. Each member shall take the constitutional oath of office.

  6. Tex. Education Code Sec. 106.14. OFFICERS. The board shall elect a chairman and a vice chairman from its members to serve at the will of the board. The board shall appoint a secretary. The comptroller shall be the treasurer of the university.

  7. Tex. Education Code Sec. 106.15. EXPENSES. The reasonable expenses incurred by members of the board in the discharge of their duties shall be paid from any available funds of the university.

  8. Tex. Education Code Sec. 106.16. SEAL. The board may make, use, and alter a common seal.

  9. Tex. Education Code Sec. 106.31. ADMINISTRATIVE POWERS. The board shall establish the several departments in the university, determine the offices, professorships, and other positions at the institution, appoint a president, appoint the professors and other officers and employees and prescribe their duties, and fix their respective salaries. The board shall enact bylaws, rules, and regulations deemed necessary for the successful management and government of the institution. The board may remove any professor, instructor, tutor, or other officer or employee connected with the institution when, in its judgment, the best interests and proper operation of the institution requires it.

  10. Tex. Education Code Sec. 106.32. EXPENDITURES. All expenditures shall be made by order of the board and shall be paid on warrants issued by the comptroller based on vouchers approved by the chairman of the board or some other officer of the university designated by him in writing to the comptroller, and countersigned by the secretary of the board or some other officer of the university designated by the secretary in writing to the comptroller.

  11. Tex. Education Code Sec. 106.33. CONTRACTS WITH OTHER INSTITUTIONS. The board may make proper arrangements by contract with other educational institutions, hospitals, and clinics in Houston for the use of any facilities and services it considers necessary and expedient for the proper training and education of students in professional courses.

  12. Tex. Education Code Sec. 106.34. GIFTS, GRANTS. The board may accept from other than state sources gifts and grants of money and property for the benefit of the university.

  13. Tex. Education Code Sec. 106.35. ACQUISITION AND DISPOSITION OF LAND.

  14. Tex. Education Code Sec. 106.36. MILITARY TRAINING. No student shall ever be required to take any military training as a condition for entrance into or graduation from the university.

  15. Tex. Education Code Sec. 106.38. SUITS. Venue for a suit against the university is in Harris County or Travis County. Process may be served on the university only by service of citation on the president or one of the university's vice-presidents.

  16. Tex. Education Code Sec. 106.51. CONTROL OF MONEY COLLECTED. The board may retain control of:

  17. Tex. Education Code Sec. 106.52. DEPOSITORIES. The board may select depository banks as places of deposit of all funds of the kind and character named in Section 106.51 of this code, which are collected by the university, and the board shall require adequate surety bonds or securities to be posted to secure the deposits and may require additional security at any time the board deems any deposit inadequately secured. All funds of the character named in Section 106.51 of this code, which are so collected, shall be deposited in the depository bank or banks within five days from the date of collection. Depository banks so selected are authorized to pledge their securities to protect the funds. Any surety bond furnished under the provisions of this section shall be payable to the governor and his successors in office; and venue of suit to recover any amount claimed by the state to be due on any of these bonds is fixed in Travis County.

  18. Tex. Education Code Sec. 106.53. ACCOUNTS; TRUST FUNDS. Separate accounts shall be kept on the books of the university, showing the sources of all sums collected and the purposes for which expended. All trust funds handled by the board shall be deposited in separate accounts and shall not be commingled with the general income from student fees or other local institutional income, and all trust funds shall be secured by separate bonds or securities.

  19. Tex. Education Code Sec. 106.55. LEGISLATIVE INTENT. The authority granted the board under this subchapter is intended to be the same as the authority granted to the governing boards of The University of Texas System, Texas A & M University System, and similar institutions with regard to the control and use of local funds.

Chapter 107

  1. Tex. Education Code Sec. 107.01. TEXAS WOMAN'S UNIVERSITY SYSTEM. The Texas Woman's University System is a woman-focused system composed of:

  2. Tex. Education Code Sec. 107.101. TEXAS WOMAN'S UNIVERSITY.

  3. Tex. Education Code Sec. 107.151. TEXAS WOMAN'S UNIVERSITY AT DALLAS.

  4. Tex. Education Code Sec. 107.201. TEXAS WOMAN'S UNIVERSITY AT HOUSTON.

  5. Tex. Education Code Sec. 107.21. BOARD OF REGENTS.

  6. Tex. Education Code Sec. 107.211. GROUNDS FOR REMOVAL OF BOARD MEMBER.

  7. Tex. Education Code Sec. 107.22. OFFICERS. The board shall biennially elect a presiding officer, an assistant presiding officer, and other officers it deems necessary from among its members.

  8. Tex. Education Code Sec. 107.23. BOARD MEETINGS; MINUTES. The presiding officer shall convene the board to consider any business connected with the system whenever the presiding officer deems it expedient. A full record shall be kept of all the board's proceedings.

  9. Tex. Education Code Sec. 107.24. COMPENSATION OF BOARD. Members of the board shall receive the same compensation conferred by law on the board of regents of The University of Texas System.

  10. Tex. Education Code Sec. 107.41. EXTENT OF POWERS. The board has the power incident to its position and to the same extent, as far as applicable, as is conferred on the board of regents of The University of Texas System.

  11. Tex. Education Code Sec. 107.42. STAFF.

  12. Tex. Education Code Sec. 107.43. DEPARTMENTS. The board shall divide the course of instruction into departments and shall select careful and efficient professors in each department, in order to secure the best possible instruction in all areas of study.

  13. Tex. Education Code Sec. 107.44. RULES AND REGULATIONS. The board shall adopt rules and regulations it deems necessary to carry out the purposes of the system and to enforce the faithful discharge of the duties of all officers, professors, and students.

  14. Tex. Education Code Sec. 107.45. EMINENT DOMAIN; RESTRICTION.

  15. Tex. Education Code Sec. 107.46. GIFTS, GRANTS, AND DONATIONS. The board is specifically authorized, upon terms and conditions acceptable to it, to accept, retain, and administer gifts, grants, or donations of any kind, including real estate or money, from any source, for use by the system, and to carry out the directions, limitations, and provisions declared in writing in the gifts, grants, or donations.

  16. Tex. Education Code Sec. 107.61. CONSTRUCTION OF DORMITORIES AND IMPROVEMENTS. The board may erect and equip, or may contract with any person, firm, or corporation for the erecting and equipping of dormitories and other improvements, which shall be located either on the campus or on land purchased or leased for the purpose by the board. The board may purchase or lease additional real estate for the purpose, or exchange or sell real estate for the purpose.

  17. Tex. Education Code Sec. 107.62. OBLIGATIONS; PLEDGE OF REVENUE. In payment for the erecting and equipping of dormitories and improvements, the board may issue its obligations in the amount and on the terms deemed advisable by the board. As security the board may pledge the income from the dormitories and improvements erected or from other dormitories owned by the system, as well as all other revenue derived by the system from other sources, except revenue derived by means of appropriations made for a specific purpose by the legislature.

  18. Tex. Education Code Sec. 107.63. SALE OF REAL ESTATE. The board may sell or encumber any part of real property owned by the system for the purpose of obtaining funds with which to erect and equip these improvements or for the purpose of securing the payment of its obligations issued to any person, firm, or corporation for the erecting or equipping of these improvements.

  19. Tex. Education Code Sec. 107.64. REQUIRED DORMITORY RESIDENCE. The board may adopt regulations it deems reasonable requiring any class or classes of students to reside in system dormitories or other buildings.

  20. Tex. Education Code Sec. 107.65. MANAGEMENT OF DORMITORIES. The board has absolute and sole management and control of system dormitories and other improvements.

  21. Tex. Education Code Sec. 107.66. REQUISITION OF FURNISHINGS, EQUIPMENT, ETC. The board may make requisition to the comptroller for furniture, furnishings, equipment, and appointments required for the proper use and enjoyment of improvements erected by the board, and the comptroller may purchase and pay for the furnishings, equipment, and appointments.

  22. Tex. Education Code Sec. 107.67. LIMITATION ON OBLIGATIONS. In the erecting, or in contracts for the erecting, of dormitories and other improvements, the board may not in any manner incur any indebtedness against the system except as provided in Sections 107.62 and 107.63. The obligations incurred in the erecting of dormitories and other improvements may never be personal obligations of the system but shall be discharged solely from the revenue or property authorized to be pledged for that purpose.

  23. Tex. Education Code Sec. 107.68. GENERAL POWERS. The board may do any and all things necessary or convenient to carry out the purpose and intent of this subchapter.

  24. Tex. Education Code Sec. 107.69. STATE HISTORICAL COLLECTION.

  25. Tex. Education Code Sec. 107.81. CONCURRENT JURISDICTION WITH CITY POLICE.

  26. Tex. Education Code Sec. 107.82. ASSISTANCE TO CITY POLICE.

  27. Tex. Education Code Sec. 107.83. CITY DELEGATION OF PARKING REGULATION AUTHORITY.

  28. Tex. Education Code Sec. 107.84. CONSTRUCTION OF SUBCHAPTER. This subchapter does not:

Chapter 109

  1. Tex. Education Code Sec. 109.001. TEXAS TECH UNIVERSITY SYSTEM.

  2. Tex. Education Code Sec. 109.002. BOARD OF REGENTS. The government, control, and direction of the policies of the university system and the component institutions are vested in a board of nine regents, who shall be appointed by the governor with the advice and consent of the senate.

  3. Tex. Education Code Sec. 109.003. BOARD MEMBERS: TERMS, VACANCIES. Members of the board will hold office for staggered terms of six years, with the terms of three members expiring on January 31 of odd-numbered years. Any vacancy shall be filled for the unexpired portion of the term by appointment by the governor with the advice and consent of the senate.

  4. Tex. Education Code Sec. 109.004. CHIEF EXECUTIVE OFFICER: SELECTION, DUTIES. The board shall appoint a chief executive officer, who shall devote the officer's attention to the executive management of the university system and who shall be directly accountable to the board for the conduct of the university system. The board, when required by law to be the governing body of any other state educational institution or facility, shall also direct the chief executive officer to be directly responsible for the executive management of that other institution or facility.

  5. Tex. Education Code Sec. 109.005. MANDATORY VENUE.

  6. Tex. Education Code Sec. 109.051. EMINENT DOMAIN. The board of regents has the power of eminent domain to acquire land needed to carry out the purposes of the university system and the component institutions.

  7. Tex. Education Code Sec. 109.052. RESIDENCES FOR CHANCELLOR AND PRESIDENTS. The board may purchase a house or may purchase land and construct a house suitable for the residence of the chancellor of the university system or a president of a component university.

  8. Tex. Education Code Sec. 109.053. UTILITIES EASEMENTS. On terms, conditions, stipulations, and compensation as determined by the board, the board may convey, dedicate, or use any other appropriate method of conveyance to grant, convey, or dedicate rights, title, rights-of-way, or easements involving or in connection with the furnishing or providing of electricity, water, sewage disposal, natural gas, telephone, telegraph, or other utility service on, over, or through the campuses of the Texas Tech University System and the component institutions. The chairman of the board may execute and deliver conveyances or dedications on behalf of the university system and the component institutions.

  9. Tex. Education Code Sec. 109.054. MANAGEMENT OF LANDS. The board has the sole and exclusive management and control of lands set aside and appropriated to or acquired by the institutions under its governance. The board may lease, sell, exchange, acquire, dispose of, and otherwise manage, control, and use the lands in any manner and at prices and under terms and conditions the board deems best for the interest of the institutions. No grazing lease shall be made for a period of more than five years.

  10. Tex. Education Code Sec. 109.101. TEXAS TECH UNIVERSITY. Texas Tech University is a coeducational institution of higher education located in the city of Lubbock.

  11. Tex. Education Code Sec. 109.102. DORMITORIES: RULES AND REGULATIONS. The board may adopt rules and regulations it deems advisable requiring any class or classes of students to reside in university dormitories or other buildings.

  12. Tex. Education Code Sec. 109.103. MUSEUM.

  13. Tex. Education Code Sec. 109.104. DONATIONS, GIFTS, GRANTS, AND ENDOWMENTS. The board may accept donations, gifts, grants, and endowments for Texas Tech University to be held for the benefit of the institution and administered by the board.

  14. Tex. Education Code Sec. 109.105. APPLIED RESEARCH SITE AT FORMER REESE AIR FORCE BASE. A facility transferred to Texas Tech University from the Lubbock Reese Redevelopment Authority under Chapter 3501, Special District Local Laws Code, is not required to be included in a facilities inventory audit under Subchapter C, Chapter 61, of this code and is not subject to the facilities inventory rules of the Texas Higher Education Coordinating Board until the facility is placed in service and assigned an educational and general function by the university.

  15. Tex. Education Code Sec. 109.151. MINERAL LEASES; DISPOSITION OF PROCEEDS.

  16. Tex. Education Code Sec. 109.152. MAJORITY OF BOARD TO ACT. A majority of the board has power to act in all cases under this subchapter except as otherwise provided in this subchapter.

  17. Tex. Education Code Sec. 109.153. SUBDIVISION OF LAND; TITLES.

  18. Tex. Education Code Sec. 109.154. SALE OF LEASES; ADVERTISEMENTS; PAYMENTS.

  19. Tex. Education Code Sec. 109.155. SEPARATE BIDS; MINIMUM ROYALTY; DELAY RENTAL.

  20. Tex. Education Code Sec. 109.156. REJECTION OF BIDS; WITHDRAWAL OF LAND. The board may reject any and all bids and may withdraw any land advertised for lease.

  21. Tex. Education Code Sec. 109.157. ACCEPTANCE; CONDITIONS AND PROVISIONS OF LEASE.

  22. Tex. Education Code Sec. 109.158. ACCEPTANCE AND FILING OF BIDS; TERMINATION OF LEASE.

  23. Tex. Education Code Sec. 109.159. AWARD AND FILING OF LEASE. If the board determines that a satisfactory bid has been received for the oil, gas, sulphur, or other minerals, it shall make an award to the bidder offering the highest price, and a lease shall be filed in the general land office.

  24. Tex. Education Code Sec. 109.160. EXPLORATORY TERM OF LEASE; EXTENSION; OTHER PROVISIONS.

  25. Tex. Education Code Sec. 109.161. EXTENSION OF LEASES. When in the discretion of the board it is deemed for the best interest of the state to extend a lease issued by the board, the board may by unanimous vote extend the lease for a period not to exceed three years, on the condition that the lessee shall continue to pay yearly rental as provided in the lease and shall comply with any additional terms the board requires. The board may extend the lease and execute an extension agreement.

  26. Tex. Education Code Sec. 109.162. CONTROL OF DRILLING AND PRODUCTION. The drilling for and the production of oil, gas, and other minerals from the lands shall be governed and controlled by the Railroad Commission of Texas and other applicable regulatory bodies which govern and control other fields in this state.

  27. Tex. Education Code Sec. 109.163. DRILLING OPERATIONS: SUSPENSION OF RENT; CONTINUANCE OF LEASE; DUTY TO PREVENT DRAINAGE.

  28. Tex. Education Code Sec. 109.164. TITLE TO RIGHTS PURCHASED; ASSIGNMENT; RELINQUISHMENT.

  29. Tex. Education Code Sec. 109.165. PAYMENT OF ROYALTIES; RECORDS; REPORT OF RECEIPTS.

  30. Tex. Education Code Sec. 109.166. PROTECTION FROM DRAINAGE; FORFEITURE OF RIGHTS.

  31. Tex. Education Code Sec. 109.167. FORFEITURE AND OTHER REMEDIES; LIENS.

  32. Tex. Education Code Sec. 109.168. FILING OF DOCUMENTS AND PAYMENT OF ROYALTIES, FEES, AND RENTALS.

  33. Tex. Education Code Sec. 109.169. FORMS, REGULATIONS, RULES, AND CONTRACTS. The board shall adopt proper forms, regulations, rules, and contracts which, in its judgment, will protect the income from lands leased pursuant to this subchapter.

  34. Tex. Education Code Sec. 109.170. MANAGEMENT OF SURFACE AND MINERAL ESTATES.

  35. Tex. Education Code Sec. 109.201. DEFINITIONS. In this subchapter:

  36. Tex. Education Code Sec. 109.202. TEXAS PRODUCED WATER CONSORTIUM. The Texas Produced Water Consortium is a consortium consisting of the host university, the agency advisory council, the stakeholder advisory council, the technical and economic steering committee, and private entities. The consortium is created to bring together information resources to study the economics of and technology related to, and the environmental and public health considerations for, beneficial uses of fluid oil and gas waste.

  37. Tex. Education Code Sec. 109.203. ADMINISTRATION.

  38. Tex. Education Code Sec. 109.204. DUTIES.

  39. Tex. Education Code Sec. 109.205. FUNDING.

  40. Tex. Education Code Sec. 109.206. ACCESS TO DATA.

  41. Tex. Education Code Sec. 109.251. ESTABLISHMENT; SCOPE.

  42. Tex. Education Code Sec. 109.252. COURSES AND DEGREES; ADMINISTRATION.

  43. Tex. Education Code Sec. 109.253. UNIVERSITY OF FIRST RANK. The board of regents shall build and operate the university as a public liberal arts university of the first rank to offer the university's students, consistent with the university's mission, preparation for excellence in a variety of careers and exploration of a variety of interests. The university shall be equipped as necessary to do its work as well as comparable public institutions of higher education in this state.

  44. Tex. Education Code Sec. 109.254. UNIVERSITY MUSEUM. The Texas Higher Education Coordinating Board shall include in the funding formula applicable to the university funding for the operation and maintenance of the museum acquired by the university in accordance with former Section 103.11.

  45. Tex. Education Code Sec. 109.255. GIFTS AND GRANTS. The board of regents may solicit, accept, and administer gifts and grants for the use and benefit of the university.

Chapter 110

  1. Tex. Education Code Sec. 110.01. TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER; SEPARATE INSTITUTION. Texas Tech University Health Sciences Center is a separate institution and not a department, school, or branch of Texas Tech University but is under the direction, management, and control of the Texas Tech University System Board of Regents. The center is composed of a medical school and other components assigned by law or by the coordinating board.

  2. Tex. Education Code Sec. 110.02. CONCURRENT POWERS. The board of regents has the same powers of governance, control, jurisdiction, and management over the Health Sciences Center as it exercises over the Texas Tech University System and its components.

  3. Tex. Education Code Sec. 110.03. GENERAL POWERS. The board may make rules and regulations for the direction, control, and management of Texas Tech University Health Sciences Center as necessary for it to be an institution of the first class.

  4. Tex. Education Code Sec. 110.05. COURSES OFFERED. The board may prescribe courses leading to customary degrees.

  5. Tex. Education Code Sec. 110.06. AGREEMENTS WITH OTHER SCHOOLS. The board may, when in the best interests of medical education at the Health Sciences Center, execute and carry out affiliation or coordinating agreements with any other entity or institution in the Lubbock area, Amarillo area, El Paso area, and the Odessa-Midland area to provide clinical, postgraduate, including internship and residency, or other levels of medical educational work for the Health Sciences Center. Additionally, the board may execute and carry out affiliation or coordinating agreements with any other entity or institution necessary to conduct and operate the Health Sciences Center as a first-class institution. The board may utilize the facilities and staffs of other state biomedical units.

  6. Tex. Education Code Sec. 110.07. PHYSICAL FACILITIES. The board shall make provision for adequate physical facilities for the Health Sciences Center, including library, auditorium, and animal facilities, for use by the Health Sciences Center in its teaching and research programs.

  7. Tex. Education Code Sec. 110.08. GRANTS; GIFTS. The board, in its discretion, may accept and administer grants and gifts from the federal government, any foundation, trust fund, corporation, or individual for the use and benefit of the Health Sciences Center.

  8. Tex. Education Code Sec. 110.09. TEACHING HOSPITAL. A complete teaching hospital for the Health Sciences Center shall be furnished at no cost or expense to the state. The state may never contribute any funds for the construction, maintenance, or operation of a teaching hospital for the Health Sciences Center.

  9. Tex. Education Code Sec. 110.10. SUPERVISION BY COORDINATING BOARD. The Health Sciences Center is subject to the continuing supervision of and to the rules and regulations of the Coordinating Board, Texas College and University System, as provided by Chapter 61 of this code.

  10. Tex. Education Code Sec. 110.11. MEDICAL SCHOOL ADMISSION POLICIES. The board of regents shall promulgate appropriate rules and regulations pertaining to the admission of students to the medical school.

  11. Tex. Education Code Sec. 110.12. UTILITIES EASEMENTS. On terms, conditions, or stipulations, and compensation as determined by the board, the board may convey, dedicate, or use any other appropriate method of conveyance to grant, convey, or dedicate rights, title, rights-of-way, or easements involving or in connection with the furnishing or providing of electricity, water, sewage disposal, natural gas, telephone, telegraph, or other utility service on, over, or through the campus or properties of Texas Tech University Health Sciences Center. The chairman of the board may execute and deliver conveyances or dedications on behalf of Texas Tech University Health Sciences Center.

  12. Tex. Education Code Sec. 110.13. MANAGEMENT OF LANDS. The board has the sole and exclusive management and control of lands set aside and appropriated to or acquired by the institutions under its governance. The board may lease, sell, exchange, acquire, dispose of, and otherwise manage, control, and use the lands in any manner and at prices and under terms and conditions the board deems best for the interest of the institutions. However, the board may not sell any of the original main campus located in Lubbock, Lubbock County, unless the sale is approved by act of the legislature. No grazing lease shall be made for a period of more than five years.

  13. Tex. Education Code Sec. 110.16. SECURITY POWERS RELATIVE TO HOSPITAL DISTRICT.

  14. Tex. Education Code Sec. 110.30. DEFINITIONS. In this subchapter:

  15. Tex. Education Code Sec. 110.31. TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER AT EL PASO; SEPARATE INSTITUTION.

  16. Tex. Education Code Sec. 110.32. CONCURRENT POWERS. The board of regents has the same powers of governance, control, jurisdiction, and management over the Texas Tech University Health Sciences Center at El Paso as the board of regents exercises over the other component institutions of the Texas Tech University System.

  17. Tex. Education Code Sec. 110.33. COURSES AND DEGREES; RULES. The board of regents may prescribe courses leading to customary degrees and may adopt rules for the operation, control, and management of the Texas Tech University Health Sciences Center at El Paso as necessary for conducting a health sciences center of the first class.

  18. Tex. Education Code Sec. 110.34. AFFILIATION AGREEMENTS WITH OTHER ENTITIES.

  19. Tex. Education Code Sec. 110.35. FACILITIES. The board of regents shall provide for physical facilities for the Texas Tech University Health Sciences Center at El Paso for use in its teaching and research programs.

  20. Tex. Education Code Sec. 110.36. TEACHING HOSPITAL. A teaching hospital considered suitable by the board of regents for the Texas Tech University Health Sciences Center at El Paso may be provided by a public or private entity. The hospital may not be constructed, maintained, or operated with state funds.

  21. Tex. Education Code Sec. 110.37. COORDINATING BOARD SUPERVISION. The Texas Tech University Health Sciences Center at El Paso is subject to the continuing supervision of the coordinating board under Chapter 61 and to the rules of the coordinating board adopted under that chapter.

  22. Tex. Education Code Sec. 110.38. GIFTS AND GRANTS. The board of regents may solicit, accept, and administer gifts and grants from any public or private person or entity for the use and benefit of the Texas Tech University Health Sciences Center at El Paso.

  23. Tex. Education Code Sec. 110.39. PARTICIPATION IN CERTAIN CONSTITUTIONAL FUNDS. In accordance with Section 17(c), Article VII, Texas Constitution, if the Act enacting this section receives a vote of two-thirds of all the members elected to each house of the legislature, the institution created under this subchapter is entitled to participate in the funding provided by Section 17, Article VII, Texas Constitution, beginning with the annual appropriation for the state fiscal year beginning September 1, 2015, and the Texas Tech University Health Sciences Center at El Paso shall be included in the allocation made for each 10-year allocation period under Section 17(d), Article VII, Texas Constitution, beginning with the allocation made in 2015.

  24. Tex. Education Code Sec. 110.40. TEXAS TECH DIABETES RESEARCH CENTER.

Chapter 111

  1. Tex. Education Code Sec. 111.01. UNIVERSITY OF HOUSTON. The University of Houston is a coeducational institution of higher education located in the city of Houston on state properties hereby designated University of Houston.

  2. Tex. Education Code Sec. 111.02. APPLICABILITY OF GENERAL LAWS. The University of Houston is subject to the obligations and entitled to the benefits of all general laws of Texas applicable to all other state institutions of higher education, except where the general laws are in conflict with this chapter, and in the event of conflict this chapter prevails to the extent of the conflict.

  3. Tex. Education Code Sec. 111.100. ESTABLISHMENT. The Texas Center for Superconductivity is established at the University of Houston in Houston, Texas. The center is a component of the University of Houston and is under the governance of the board of regents of the University of Houston System.

  4. Tex. Education Code Sec. 111.101. PURPOSE. The center is created to conduct research and development on all aspects of superconductivity from the basic theoretical and experimental framework to the technology transfer of this new technology to the marketplace.

  5. Tex. Education Code Sec. 111.102. POWERS AND DUTIES.

  6. Tex. Education Code Sec. 111.103. RESEARCH COORDINATION. The center may provide coordination of the activities of universities concerning superconductivity. The center may establish an advisory council consisting of representatives of participating universities, federal agencies, and the private sector to develop recommendations on the priorities for research and serve as a resource group on the projects.

  7. Tex. Education Code Sec. 111.104. PRIVATE RESEARCH. In carrying out its powers and duties, the center may contract with and cooperate with private research entities.

  8. Tex. Education Code Sec. 111.105. GRANTS AND FEDERAL FUNDS. The board may seek and accept gifts, grants, donations, and funds from federal agencies and private sources for the purposes of the center.

  9. Tex. Education Code Sec. 111.106. STATE FUNDS. The center is authorized to receive state-appropriated funds as deemed appropriate by the legislature.

  10. Tex. Education Code Sec. 111.107. PERSONNEL. The board may employ personnel for the center as necessary.

  11. Tex. Education Code Sec. 111.11. BOARD OF REGENTS. The organization and control of the university is vested in a board of nine regents.

  12. Tex. Education Code Sec. 111.12. APPOINTMENTS TO BOARD; TERMS. Members of the board are appointed by the governor with the advice and consent of the senate. The term of office of each regent shall be six years, except that in making the first appointments the governor shall appoint three members for six years, three members for four years, and three members for two years. Any vacancy that occurs on the board shall be filled for the unexpired term by appointment of the governor.

  13. Tex. Education Code Sec. 111.121. DEFINITIONS. In this subchapter:

  14. Tex. Education Code Sec. 111.122. ESTABLISHMENT.

  15. Tex. Education Code Sec. 111.123. PURPOSE. The center is created to:

  16. Tex. Education Code Sec. 111.124. POWERS AND DUTIES. The center shall:

  17. Tex. Education Code Sec. 111.125. COLLABORATION WITH OTHER ENTITIES. The University of Houston shall encourage public and private entities to participate in or support the operation of the center and may enter into an agreement with any public or private entity for that purpose. An agreement may allow the center to provide information, services, or other assistance to an entity in exchange for the entity's participation or support.

  18. Tex. Education Code Sec. 111.126. GIFTS AND GRANTS. The board may solicit, accept, and administer gifts and grants from any public or private source and use existing resources for the purposes of the center. State funding is not available unless the legislature makes specific appropriation for this purpose.

  19. Tex. Education Code Sec. 111.127. PERSONNEL. The board may employ personnel for the center as necessary.

  20. Tex. Education Code Sec. 111.13. QUALIFICATIONS OF MEMBERS; OATH. Each member of the board shall be a citizen of the State of Texas, and each member shall take the constitutional oath of office.

  21. Tex. Education Code Sec. 111.14. OFFICERS. The board shall elect one of the members chairman. They shall elect any other officers they deem necessary.

  22. Tex. Education Code Sec. 111.141. DEFINITIONS. In this subchapter:

  23. Tex. Education Code Sec. 111.142. ESTABLISHMENT.

  24. Tex. Education Code Sec. 111.143. POWERS AND DUTIES. The institute shall:

  25. Tex. Education Code Sec. 111.144. COLLABORATION WITH OTHER ENTITIES. The University of Houston shall encourage public or private entities to participate in or support the operation of the institute and may enter into an agreement with any public or private entity for that purpose. An agreement may allow the institute to provide information, services, or other assistance to an entity in exchange for the entity's participation or support.

  26. Tex. Education Code Sec. 111.145. GIFTS AND GRANTS. The board may solicit, accept, and administer gifts and grants from any public or private source for the purposes of the institute.

  27. Tex. Education Code Sec. 111.146. PERSONNEL. The board may employ personnel for the institute as necessary.

  28. Tex. Education Code Sec. 111.15. COMPENSATION. Members of the board shall serve without pay, but shall be reimbursed for their actual expenses incurred in attending the work of the board, subject to the approval of the chairman.

  29. Tex. Education Code Sec. 111.151. DEFINITIONS. In this subchapter:

  30. Tex. Education Code Sec. 111.152. THE UNIVERSITY OF HOUSTON COLLEGE OF MEDICINE. The University of Houston College of Medicine is a college of the University of Houston and is under the management and control of the board with degrees offered under the name and authority of the University of Houston.

  31. Tex. Education Code Sec. 111.153. COURSES AND DEGREES. The board may prescribe courses leading to customary degrees and may adopt rules for the operation, control, and management of the college as necessary for conducting a college of medicine of the first class.

  32. Tex. Education Code Sec. 111.154. AFFILIATION AGREEMENTS.The dean of the college, on behalf of the board, may execute and carry out an affiliation or coordinating agreement with any other entity or institution in the college's region.

  33. Tex. Education Code Sec. 111.155. GIFTS AND GRANTS. The board may solicit, accept, and administer gifts and grants from any public or private source for the use and benefit of the college.

  34. Tex. Education Code Sec. 111.156. OTHER FACILITIES. In addition to the college's facilities, the board may enter into agreements under which additional facilities used in the college's teaching and research programs, including libraries, auditoriums, research facilities, and medical education buildings, may be provided by a public or private entity.

  35. Tex. Education Code Sec. 111.157. TEACHING HOSPITAL. A teaching hospital considered suitable by the board may be provided by a public or private entity. The hospital may not be constructed, maintained, or operated with state funds.

  36. Tex. Education Code Sec. 111.16. MEETINGS. The board shall hold regular meetings for the transaction of business pertaining to the affairs of the university system. The board by rule may establish a procedure for calling a special meeting of the board at other times.

  37. Tex. Education Code Sec. 111.17. MINUTES. Full, accurate, and complete minutes of the board shall be kept and shall be open to inspection by the public at the university during regular business hours. Certified copies of any minutes shall be furnished on payment of a fee assessed by the board, which shall not exceed 25 cents per 100 words or fractional part thereof.

  38. Tex. Education Code Sec. 111.18. PRESIDENT. The board shall select a president for the university, who shall be the executive officer for the board and shall work under its direction. The president shall recommend the plan or organization of the university and shall be responsible to the board for the general management and success of the university.

  39. Tex. Education Code Sec. 111.19. PERSONNEL: APPOINTMENTS, SALARIES, ETC. The board may appoint and remove the president, any faculty member, or other officer or employee of the university when, in its judgment, the interest of the university requires it. The board shall fix the respective salaries and duties of the officers and employees.

  40. Tex. Education Code Sec. 111.20. UNIVERSITY OF HOUSTON SYSTEM.

  41. Tex. Education Code Sec. 111.21. SYSTEM CENTRAL ADMINISTRATION OFFICE; CHIEF EXECUTIVE OFFICER.

  42. Tex. Education Code Sec. 111.31. COURSES AND DEGREES. The board shall prescribe courses leading to customary degrees offered in American universities of the first rank. However, the role and scope of the university, including its authorized departments and offerings of degree and certificate programs, are subject to the determination and approval of the Coordinating Board, Texas College and University System. All work done and all courses, degrees, certificates, and diplomas awarded shall conform to standard college requirements as promulgated by the accrediting associations that supervise matters of accreditation of universities and colleges in the State of Texas.

  43. Tex. Education Code Sec. 111.33. SUITS. The board has the power to sue and be sued in the name of the University of Houston. Venue shall be in either Harris County or Travis County. The university shall be impleaded by service of citation on the president or any of its vice presidents. Nothing in this section shall be construed as granting legislative consent for suits against the board, the University of Houston System, or its component institutions and entities except as authorized by law.

  44. Tex. Education Code Sec. 111.34. CONTRACTS. All contracts of the university shall be approved by a majority of the board. However, the board is authorized to adopt reasonable rules that delegate to the president or his authorized representatives the authority to negotiate, approve, and execute contracts.

  45. Tex. Education Code Sec. 111.35. BYLAWS; RULES; REGULATIONS. The board shall enact bylaws, rules, and regulations necessary for the successful management and government of the university.

  46. Tex. Education Code Sec. 111.36. DONATIONS, GIFTS, ENDOWMENTS. The board may accept donations, gifts, and endowments for the university to be held in trust and administered by the board for the purposes and under the directions, limitations, and provisions declared in writing in the donation, gift, or endowment, provided that the purposes and directions, limitations, and provisions are not inconsistent with the laws of the State of Texas or with the objectives and proper management of the university.

  47. Tex. Education Code Sec. 111.37. LEASE AND MANAGEMENT OF LAND.

  48. Tex. Education Code Sec. 111.38. EMINENT DOMAIN. The board has the power of eminent domain to acquire for the use of the university any land necessary and proper for carrying out its purposes as a state-supported institution of higher education. However, the power of eminent domain is restricted to the area within Victoria County, Harris County, and any county whose boundaries are contiguous to Harris County. The board shall not be required to deposit a bond or the amount equal to the award of the commissioners as provided in Paragraph 2, Article 3268, Revised Civil Statutes of Texas, 1925, as amended.

  49. Tex. Education Code Sec. 111.39. ACQUISITION AND DISPOSITION OF LAND. The board may acquire by purchase, donation, or otherwise, for the use of the University of Houston System or any institution or entity under the governance, control, jurisdiction, and management of the board, any land and other real property necessary or convenient for carrying out the purposes of state-supported institutions of higher education. The board may sell, exchange, lease, or otherwise dispose of any land or other real property owned by or acquired for the board or any of the system institutions and entities. The proceeds from any sale of land or other real property shall be added to the capital funds of the board or the system institutions or entities. No new institutions, branches, or other operations of any kind shall be developed without specific authorization by the legislature.

  50. Tex. Education Code Sec. 111.41. MILITARY TRAINING.

  51. Tex. Education Code Sec. 111.42. BUSINESS TECHNOLOGY OUTREACH PROGRAM.

  52. Tex. Education Code Sec. 111.61. CREATION OF CENTER; LOCATION. The board of regents of the University of Houston shall establish and maintain the Center for Public Policy in the Houston metropolitan area.

  53. Tex. Education Code Sec. 111.62. ADMINISTRATION. The administration of the Center for Public Policy shall be under the direction of the president and board of regents of the University of Houston. The administrative officer of the center shall be appointed by the president with the approval of the board. The administrative officer shall appoint the professional and administrative staff of the center according to usual procedures and with the approval of the board.

  54. Tex. Education Code Sec. 111.63. ROLE AND SCOPE OF CENTER. The Center for Public Policy shall conduct basic and applied research into urban problems and public policy and make available the results of this research to private groups and public bodies and officials. It may offer consultative and general advisory services concerning urban problems and their solutions. According to the policies of the Texas Higher Education Coordinating Board, and with its approval, the center may conduct instructional and training programs for those who are working in or expect to make careers in urban public service. The training programs may be conducted by the center either in its own name or by agreement and cooperation with other public and private organizations.

  55. Tex. Education Code Sec. 111.64. CORRELATION OF PROGRAMS. In order to correlate the programs offered by the Center for Public Policy and the institute established by The University of Texas System under Subchapter B, Chapter 75, there shall be maintained regular liaison between the center and the institute concerning programs undertaken, a joint committee for future planning, and a union catalogue of research resources. This correlation shall be achieved by utilizing regular administrative channels, including the staff of the Texas Higher Education Coordinating Board.

  56. Tex. Education Code Sec. 111.65. RECEIPT AND DISBURSEMENT OF FUNDS, PROPERTY, AND SERVICES. In addition to state appropriations, the Center for Public Policy may receive and expend or use funds, property, or services from any source, public or private, under rules established by the president and the board and under applicable state laws.

  57. Tex. Education Code Sec. 111.71. ESTABLISHMENT OF INSTITUTE. The board of regents shall establish an Institute of Labor and Industrial Relations.

  58. Tex. Education Code Sec. 111.72. PURPOSE. The purpose of the institute is to contribute to a more meaningful relationship between education and training and the requirements of the Texas labor force and to a positive labor and industrial relations climate.

  59. Tex. Education Code Sec. 111.73. ACTIVITIES. The institute may sponsor the following activities:

  60. Tex. Education Code Sec. 111.81. UNIVERSITY OF HOUSTON-CLEAR LAKE. There is established in Harris County, as recommended by the Coordinating Board, Texas College and University System, a coeducational institution of higher education to be known as the University of Houston-Clear Lake. The university shall be located on land currently owned by the University of Houston, either land acquired by donation under Chapter 37, Acts of the 60th Legislature, Regular Session, 1967, or land generally adjacent to that land and also owned by the University of Houston.

  61. Tex. Education Code Sec. 111.82. ORGANIZATION AND CONTROL. The organization and control of the university are vested in the board of regents of the University of Houston. With respect to this university, the board of regents has all the rights, powers, and duties that it has with respect to the organization and control of the University of Houston, except as otherwise provided by this Act. However, the University of Houston at Clear Lake City shall be maintained as a separate and distinct institution of higher education.

  62. Tex. Education Code Sec. 111.83. ROLE AND SCOPE. The university shall offer undergraduate and graduate programs.

  63. Tex. Education Code Sec. 111.84. ADVISORY COMMITTEE.

  64. Tex. Education Code Sec. 111.85. AUTHORITY OF COORDINATING BOARD. The university is a general academic teaching institution, and as such it is subject to the authority of the Coordinating Board, Texas College and University System.

  65. Tex. Education Code Sec. 111.86. HIGH SCHOOL COOPERATIVE EDUCATION PROGRAM.

  66. Tex. Education Code Sec. 111.87. JUNIOR COLLEGE COOPERATIVE EDUCATION PROGRAM.

  67. Tex. Education Code Sec. 111.90. UNIVERSITY OF HOUSTON-DOWNTOWN. There is established in the City of Houston a coeducational institution of higher education to be known as the University of Houston-Downtown. This institution shall be located on land currently owned by the University of Houston System.

  68. Tex. Education Code Sec. 111.91. ORGANIZATION AND CONTROL. The organization and control of the institution are vested in the board of regents of the University of Houston System. With respect to this institution the board of regents has all the rights, powers, and duties that it has with respect to the organization and control of the University of Houston and the University of Houston at Clear Lake City except as otherwise provided by this subchapter. However, the University of Houston-Downtown College shall be maintained as a separate and distinct institution of higher education.

  69. Tex. Education Code Sec. 111.92. ROLE AND SCOPE. The institution shall be organized to offer undergraduate and graduate programs subject to the authority of the board of regents of the University of Houston System and the Texas Higher Education Coordinating Board.

  70. Tex. Education Code Sec. 111.93. AUTHORITY OF COORDINATING BOARD. The institution is a general academic teaching institution, and as such it is subject to the authority of the Coordinating Board, Texas College and University System.

Chapter 114

  1. Tex. Education Code Sec. 114.001. CHIROPRACTIC COLLEGE.

  2. Tex. Education Code Sec. 114.002. POWERS OF THE BOARD.

Chapter 115

  1. Tex. Education Code Sec. 115.001. PUBLIC UNIVERSITY FOR CENTRAL TEXAS.

  2. Tex. Education Code Sec. 115.002. POWERS OF BOARD OF REGENTS.

Chapter 130

  1. Tex. Education Code Sec. 130.001. SUPERVISION BY COORDINATING BOARD, TEXAS COLLEGE AND UNIVERSITY SYSTEM.

  2. Tex. Education Code Sec. 130.0011. PUBLIC JUNIOR COLLEGES; ROLE AND MISSION. Texas public junior colleges shall be two-year institutions primarily serving their local taxing districts and service areas in Texas and offering vocational, technical, and academic courses for certification or associate degrees. Continuing education, remedial and compensatory education consistent with open-admission policies, and programs of counseling and guidance shall be provided. Each institution shall insist on excellence in all academic areas--instruction, research, and public service. Faculty research, using the facilities provided for and consistent with the primary function of each institution, is encouraged. Funding for research should be from private sources, competitively acquired sources, local taxes, and other local revenue.

  3. Tex. Education Code Sec. 130.002. EXTENT OF STATE AND LOCAL CONTROL. All authority not vested by this chapter or by other laws of the state in the coordinating board or in the Central Education Agency is reserved and retained locally in each of the respective public junior college districts or in the governing boards of such junior colleges as provided in the laws applicable.

  4. Tex. Education Code Sec. 130.0021. CONVEYANCE OF CERTAIN REAL PROPERTY. A public junior college or a public junior college district may donate, exchange, convey, sell, or lease land, improvements, or any other interest in any real property for less than the fair market value of the real property interest if the donation, conveyance, exchange, sale, or lease is being made to a university system and the governing board of the public junior college or the public junior college district also finds that the donation, conveyance, exchange, sale, or lease of the interest promotes a public purpose related to higher education within the service area of the public junior college or the public junior college district.

  5. Tex. Education Code Sec. 130.003. STATE APPROPRIATION FOR PUBLIC JUNIOR COLLEGES.

  6. Tex. Education Code Sec. 130.0031. TRANSFERS: WHEN MADE.

  7. Tex. Education Code Sec. 130.00311. METHODS OF INCLUSION OR PARTICIPATION IN JUNIOR COLLEGE DISTRICT.

  8. Tex. Education Code Sec. 130.0032. TUITION FOR STUDENTS RESIDING OUTSIDE OF DISTRICT.

  9. Tex. Education Code Sec. 130.0033. PILOT PROJECT: REDUCED TUITION FOR CERTAIN COURSES.

  10. Tex. Education Code Sec. 130.0034. TUITION FOR REPEATED COURSES.

  11. Tex. Education Code Sec. 130.0035. PERFORMANCE REPORTS.

  12. Tex. Education Code Sec. 130.0036. REPORT ON STUDENT ENROLLMENT STATUS.

  13. Tex. Education Code Sec. 130.004. AUTHORIZED TYPES OF PUBLIC JUNIOR COLLEGES.

  14. Tex. Education Code Sec. 130.005. CHANGE OF NAME TO COMMUNITY COLLEGE DISTRICT.

  15. Tex. Education Code Sec. 130.0051. OTHER CHANGE OF NAME BY JUNIOR COLLEGE DISTRICT.

  16. Tex. Education Code Sec. 130.006. COURSE HELD OUTSIDE DISTRICT.

  17. Tex. Education Code Sec. 130.007. ENDOWMENT FUND.

  18. Tex. Education Code Sec. 130.008. COURSES FOR JOINT HIGH SCHOOL AND JUNIOR COLLEGE CREDIT.

  19. Tex. Education Code Sec. 130.0081. AGREEMENT WITH JUNIOR COLLEGE DISTRICT.

  20. Tex. Education Code Sec. 130.009. UNIFORM DATES FOR ADDING OR DROPPING COURSE.

  21. Tex. Education Code Sec. 130.010. PURCHASING CONTRACTS.

  22. Tex. Education Code Sec. 130.0101. ACQUISITION OF LIBRARY MATERIALS.

  23. Tex. Education Code Sec. 130.01015. DISPOSITION OF CERTAIN LIBRARY MATERIALS.

  24. Tex. Education Code Sec. 130.0102. MEXICAN AMERICAN STUDIES PROGRAM OR COURSE WORK. The governing board of a public junior college district located in one or more counties with a substantial and growing Mexican American population shall evaluate the demand for and feasibility of establishing a Mexican American studies program or other course work in Mexican American studies at one or more junior colleges in the district. With approval of the Texas Higher Education Coordinating Board, the governing board may establish a Mexican American studies program or other course work in Mexican American studies at any of those colleges if the governing board determines that such a program or course work is desirable and feasible.

  25. Tex. Education Code Sec. 130.0103. DUAL USAGE EDUCATIONAL COMPLEX.

  26. Tex. Education Code Sec. 130.0104. MULTIDISCIPLINARY STUDIES ASSOCIATE DEGREE PROGRAM.

  27. Tex. Education Code Sec. 130.0105. COMMERCIAL DRIVER'S LICENSE TRAINING PROGRAM; CERTAIN CURRICULUM REQUIREMENTS.

  28. Tex. Education Code Sec. 130.0106. OCCUPATIONAL AND LIFE SKILLS ASSOCIATE DEGREE PROGRAM.

  29. Tex. Education Code Sec. 130.011. ESTABLISHMENT OF INDEPENDENT SCHOOL DISTRICT OR CITY JUNIOR COLLEGE.

  30. Tex. Education Code Sec. 130.012. PETITION TO ESTABLISH.

  31. Tex. Education Code Sec. 130.013. ORDER TO ESTABLISH. It shall be the duty of the coordinating board with the advice of the commissioner of higher education to determine whether or not the conditions set forth in Sections 130.012 and 130.032 of this code have been complied with, and also whether, considering the geographic location of colleges already established, it is feasible and desirable to establish the proposed junior college district. In the exercise of this authority the board shall develop and publish criteria to be used as a basis for determining the need for a public junior college in the proposed district. The board shall determine whether programs in a proposed institution would create unnecessary duplication or seriously harm programs in existing community college districts. It shall be the duty of the coordinating board to consider the needs and the welfare of the state as a whole, as well as the welfare of the community involved. The decision of the coordinating board shall be final and shall be transmitted through the commissioner of higher education to the local school board, along with the order of the coordinating board authorizing further procedure in the establishment of the junior college district, if the coordinating board endorses its establishment.

  32. Tex. Education Code Sec. 130.014. ELECTION.

  33. Tex. Education Code Sec. 130.015. CONTROL OF INDEPENDENT SCHOOL DISTRICT OR CITY JUNIOR COLLEGE. A junior college established by an independent school district or city that has assumed control of schools already validated or established pursuant to the provisions of this chapter may be governed, administered, and controlled by and under the direction of the board of trustees of that independent or city school district.

  34. Tex. Education Code Sec. 130.016. SEPARATE BOARD OF TRUSTEES IN CERTAIN INSTANCES.

  35. Tex. Education Code Sec. 130.017. PETITION AND ELECTION TO DIVEST SCHOOL BOARD OF AUTHORITY.

  36. Tex. Education Code Sec. 130.018. SEPARATE BOARD OF TRUSTEES--TERMS, ETC. In the event a separate board of trustees for the junior college district is appointed under either procedure set out in Section 130.016 or Section 130.017 of this code, the board of trustees, consisting of nine members, shall be organized and constituted pursuant to the provisions of Section 130.082 of this code, and be governed by the provisions thereof.

  37. Tex. Education Code Sec. 130.019. SEPARATE BOARD OF TRUSTEES; AD VALOREM TAXES. A board of trustees of an independent school district or city school district that has the management, control, and operation of a junior college district may not divest itself of that management, control, and operation of the junior college district under Section 130.016 of this code or have the management, control, and operation of the junior college district divested under Section 130.017 of this code, unless the junior college district has the authority to levy ad valorem taxes for the maintenance of the junior college district or acquires that authority at an election held under Section 130.017.

  38. Tex. Education Code Sec. 130.031. ESTABLISHMENT OF UNION, COUNTY, OR JOINT-COUNTY JUNIOR COLLEGE. The following types of junior colleges may be established in the following units:

  39. Tex. Education Code Sec. 130.0312. VALIDATION OF CERTAIN ACTS AND PROCEEDINGS.

  40. Tex. Education Code Sec. 130.032. RESTRICTIONS. In order for any territorial unit set out in Sections 130.011 and 130.031 of this code to establish the applicable type of junior college, the proposed district must have a taxable property valuation of not less than $2.5 billion in the next preceding year and a total scholastic population of not less than 15,000 in the next preceding school year.

  41. Tex. Education Code Sec. 130.033. PETITION TO ESTABLISH.

  42. Tex. Education Code Sec. 130.034. TAX LEVY. Any petition authorized by Sections 130.011 and 130.033 of this code shall also incorporate therein a request for the proper authorities, in the event an election is ordered for the creation of such district, to submit at the same election the questions of issuing bonds and levying bond taxes, and levying maintenance taxes, in the event the district is created, not to exceed the limits provided in Section 130.122 of this code.

  43. Tex. Education Code Sec. 130.035. LEGALITY OF PETITION. It shall be the duty of the county school board or boards or the commissioners court or courts petitioned in compliance with Section 130.033 of this code to:

  44. Tex. Education Code Sec. 130.036. ORDER TO ESTABLISH. It shall be the duty of the coordinating board, with the advice of the commissioner of higher education to determine whether or not the conditions set forth in the preceding sections of this chapter have been complied with, and also whether, considering the geographic location of colleges already established, it is feasible and desirable to establish a junior college district. In the exercise of this authority the board shall develop and publish criteria to be used as a basis for determining the need for a public junior college in the proposed district. The board shall determine whether programs in a proposed institution would create unnecessary duplication or seriously harm programs in existing community college districts. It shall be the duty of the coordinating board in making its decision to consider the needs and the welfare of the state as a whole, as well as the welfare of the community involved. The decision of the coordinating board shall be transmitted through the commissioner of higher education to the county school board or boards or the commissioners court or courts, as the case may be, along with the order of the coordinating board authorizing further procedure in the establishment of the junior college district.

  45. Tex. Education Code Sec. 130.037. CALLING ELECTION; SUBMISSION OF QUESTIONS. If the coordinating board approves the establishment of the junior college district, it shall then be the duty of the commissioners court or courts to enter an order for an election to be held in the proposed territory at the next authorized election date as provided in Article 2.01b of the Election Code, to determine whether or not such junior college district be created and formed and to submit the questions of issuing bonds and levying bond taxes, and levying maintenance taxes, in the event the district is created. The order shall contain a description of the metes and bounds of the junior college district to be formed and fix the date of the election.

  46. Tex. Education Code Sec. 130.038. ELECTION. A majority of the electors in the proposed district, voting in the election, shall determine the question of creation of the junior college district submitted in the order, the election of the original trustees, and the questions of issuing bonds and levying taxes. A majority of the electors voting in such election shall determine such questions submitted in the order. In the case of a joint-county junior college district, or a union junior college district, the election shall, by mutual agreement of the court or courts, be held on the same day throughout the proposed district.

  47. Tex. Education Code Sec. 130.039. ELECTION RETURNS, CANVASS, AND RESULT.

  48. Tex. Education Code Sec. 130.040. BOARD OF TRUSTEES: UNION, COUNTY, OR JOINT-COUNTY JUNIOR COLLEGE. A union junior college, a county junior college, or a joint-county junior college shall be governed, administered, and controlled by and under the direction of a board of trustees of seven members unless the number of members is increased as authorized by Section 130.082(d).

  49. Tex. Education Code Sec. 130.041. ELECTION OF TRUSTEES OF UNION, COUNTY, AND JOINT-COUNTY JUNIOR COLLEGE. The original trustees of a union or a county junior college shall be elected at large from the junior college district by the qualified voters of the district under the rules and regulations provided for in Section 130.042 of this code.

  50. Tex. Education Code Sec. 130.042. ORIGINAL BOARD.

  51. Tex. Education Code Sec. 130.043. ORGANIZATION. After the election of the original trustees, the board of trustees shall be organized and constituted, pursuant to the provisions of Section 130.082 of this code and be governed by the provisions thereof.

  52. Tex. Education Code Sec. 130.044. ELECTION OF TRUSTEES BY THE POSITION METHOD.

  53. Tex. Education Code Sec. 130.061. EXTENSION OF BOUNDARIES OF A JUNIOR COLLEGE DISTRICT COEXTENSIVE WITH AN INDEPENDENT SCHOOL DISTRICT. The district boundaries of an independent school district junior college shall automatically be extended so that the boundary lines of the two districts, independent school district and junior college district, shall remain identical when:

  54. Tex. Education Code Sec. 130.062. ENLARGED DISTRICT: CREATION; RESOLUTION; ORDER.

  55. Tex. Education Code Sec. 130.063. EXTENSION OF JUNIOR COLLEGE DISTRICT BOUNDARIES.

  56. Tex. Education Code Sec. 130.064. ANNEXATION BY CONTRACT. If the annexation is by contract, a petition shall be presented to the governing board of any junior college district, executed by all property owners of all property situated in the territory proposed for annexation. The petition shall contain a legally sufficient description of the territory proposed for annexation. The governing board of the junior college district, if it deems the annexation to be in the best interest of the district, may effect the annexation by:

  57. Tex. Education Code Sec. 130.065. ANNEXATION BY ELECTION.

  58. Tex. Education Code Sec. 130.066. AUTOMATIC ANNEXATION OF CERTAIN TERRITORY. If the junior college district annexes territory under this subchapter comprising all of a municipality or school district, the governing board by order may annex for junior college purposes any territory later annexed by or added to the municipality or school district.

  59. Tex. Education Code Sec. 130.067. ANNEXATION OF COUNTY-LINE SCHOOL DISTRICT FOR JUNIOR COLLEGE PURPOSES.

  60. Tex. Education Code Sec. 130.068. EXTENDING BOUNDARIES OF JUNIOR COLLEGE DISTRICT IN DISTRICT'S SERVICE AREA.

  61. Tex. Education Code Sec. 130.069. DISANNEXATION OF OVERLAPPED TERRITORY.

  62. Tex. Education Code Sec. 130.070. DISANNEXATION OF TERRITORY COMPRISING AN INDEPENDENT SCHOOL DISTRICT.

  63. Tex. Education Code Sec. 130.081. GOVERNING BOARD OF JUNIOR COLLEGE OF INDEPENDENT SCHOOL DISTRICT. In each junior college district which is controlled and managed by, and under the jurisdiction of, the governing board of an independent school district or a city school district, such governing board shall be constituted and chosen in accordance with the laws of this state applicable to the governing board of such independent school district or city school district.

  64. Tex. Education Code Sec. 130.082. GOVERNING BOARD OF JUNIOR COLLEGE OF OTHER THAN INDEPENDENT SCHOOL DISTRICT.

  65. Tex. Education Code Sec. 130.0821. GOVERNING BOARD OF CERTAIN COUNTYWIDE COMMUNITY COLLEGE DISTRICTS.

  66. Tex. Education Code Sec. 130.0822. ELECTION FROM SINGLE-MEMBER TRUSTEE DISTRICTS.

  67. Tex. Education Code Sec. 130.0823. ELECTION BY POSITION IN CERTAIN DISTRICTS.

  68. Tex. Education Code Sec. 130.0824. GOVERNING BOARD OF TEXARKANA COLLEGE DISTRICT.

  69. Tex. Education Code Sec. 130.0825. WRITE-IN VOTING IN ELECTION FOR MEMBERS OF GOVERNING BODY.

  70. Tex. Education Code Sec. 130.0826. OPTION TO CONTINUE IN OFFICE FOLLOWING REDISTRICTING.

  71. Tex. Education Code Sec. 130.0828. ADDITIONAL TRUSTEES FOR WEATHERFORD JUNIOR COLLEGE DISTRICT.

  72. Tex. Education Code Sec. 130.08285. GOVERNING BOARD OF TRINITY VALLEY COMMUNITY COLLEGE DISTRICT.

  73. Tex. Education Code Sec. 130.0829. GOVERNING BOARD OF PARIS JUNIOR COLLEGE DISTRICT.

  74. Tex. Education Code Sec. 130.083. GOVERNING BOARD IN ENLARGED JUNIOR COLLEGE DISTRICT.

  75. Tex. Education Code Sec. 130.084. POWERS AND DUTIES.

  76. Tex. Education Code Sec. 130.0845. REMOVAL OF TRUSTEE FOR NONATTENDANCE OF BOARD MEETINGS.

  77. Tex. Education Code Sec. 130.085. TUITION EXEMPTION.

  78. Tex. Education Code Sec. 130.0851. TUITION EXEMPTION FOR DISTRICT EMPLOYEES. The governing board of a junior college district may exempt a district employee who enrolls in courses offered by the district from the payment of all or part of the tuition or fees charged to a student at a junior college by the district.

  79. Tex. Education Code Sec. 130.088. BOARD OF TRUSTEES OF CERTAIN JUNIOR COLLEGE DISTRICTS.

  80. Tex. Education Code Sec. 130.089. PROHIBITED EMPLOYMENT OF OR CONTRACTING WITH FORMER TRUSTEE. A public junior college may not employ or contract with an individual who was a member of the board of trustees of the junior college before the first anniversary of the date the individual ceased to be a member of the board of trustees.

  81. Tex. Education Code Sec. 130.090. REMEDIAL PROGRAMS FOR SECONDARY SCHOOL STUDENTS.

  82. Tex. Education Code Sec. 130.091. DEFINITION. In this chapter "institution of higher education" has the meaning assigned by Section 61.003.

  83. Tex. Education Code Sec. 130.092. EAST WILLIAMSON COUNTY MULTI-INSTITUTION TEACHING CENTER.

  84. Tex. Education Code Sec. 130.093. REGIONAL CENTER FOR PUBLIC SAFETY EXCELLENCE.

  85. Tex. Education Code Sec. 130.121. TAX ASSESSMENT AND COLLECTION.

  86. Tex. Education Code Sec. 130.122. TAX BONDS AND MAINTENANCE TAX.

  87. Tex. Education Code Sec. 130.1221. CREDIT AGREEMENTS IN CERTAIN JUNIOR COLLEGE DISTRICTS.

  88. Tex. Education Code Sec. 130.123. REVENUE BONDS.

  89. Tex. Education Code Sec. 130.124. USE OF STUDENT FEES IN CONSTRUCTION.

  90. Tex. Education Code Sec. 130.125. REVENUE OBLIGATIONS.

  91. Tex. Education Code Sec. 130.126. LONG-TERM NOTES.

  92. Tex. Education Code Sec. 130.127. REFUNDING NOTES. The governing board of a public junior college district or regional college district may issue refunding notes to refund notes issued under Section 130.126 of this code in the manner and for the purposes provided by Subchapter A, Chapter 1207, Government Code, to make a deposit under Subchapter B or C of that chapter.

  93. Tex. Education Code Sec. 130.128. SALE OF NOTES.

  94. Tex. Education Code Sec. 130.129. INTEREST RATE. Notes and refunding notes issued under this subchapter must bear interest at a rate not to exceed the rate provided by Chapter 1204, Government Code.

  95. Tex. Education Code Sec. 130.130. NOTES ARE NOT TAX BONDS. Notes and refunding notes issued under this subchapter are not tax bonds under Section 130.122 of this code, and an election is not required before the governing board of a public junior college district or regional college district may issue such notes or refunding notes.

  96. Tex. Education Code Sec. 130.131. DISSOLUTION AND TRANSFER OF PROPERTY UPON CREATION OF SENIOR COLLEGE.

  97. Tex. Education Code Sec. 130.132. ABOLITION OF JUNIOR COLLEGE DISTRICTS.

  98. Tex. Education Code Sec. 130.133. TRANSFER OF PROPERTIES OF COUNTY JUNIOR COLLEGE DISTRICTS AFTER CREATION OF SENIOR COLLEGE.

  99. Tex. Education Code Sec. 130.151. PURPOSE. It is the purpose of this subchapter to enable each junior college which fulfills the provisions of this subchapter to provide useful and meaningful educational programs for any person 17 years of age or older with a high school diploma or its equivalent, or for any person 18 years of age regardless of prior educational experience, cultural background, or economic resources.

  100. Tex. Education Code Sec. 130.161. DEFINITIONS. In this subchapter:

  101. Tex. Education Code Sec. 130.162. ALAMO COMMUNITY COLLEGE DISTRICT SERVICE AREA. The service area of the Alamo Community College District includes the territory within:

  102. Tex. Education Code Sec. 130.163. ALVIN COMMUNITY COLLEGE DISTRICT SERVICE AREA. The service area of the Alvin Community College District includes the territory within:

  103. Tex. Education Code Sec. 130.164. AMARILLO COLLEGE DISTRICT SERVICE AREA. The service area of the Amarillo College District includes the territory within Potter, Randall, Carson, Oldham, Deaf Smith, Parmer, Castro, Swisher, and Moore counties.

  104. Tex. Education Code Sec. 130.165. ANGELINA COUNTY JUNIOR COLLEGE DISTRICT SERVICE AREA. The service area of the Angelina County Junior College District includes the territory within:

  105. Tex. Education Code Sec. 130.166. AUSTIN COMMUNITY COLLEGE DISTRICT SERVICE AREA. The service area of the Austin Community College District includes the territory within:

  106. Tex. Education Code Sec. 130.167. BEE COUNTY COLLEGE DISTRICT SERVICE AREA. The service area of the Bee County College District includes the territory within:

  107. Tex. Education Code Sec. 130.168. BLINN JUNIOR COLLEGE DISTRICT SERVICE AREA. The service area of the Blinn College District includes the territory within:

  108. Tex. Education Code Sec. 130.169. BORGER JUNIOR COLLEGE DISTRICT SERVICE AREA. The service area of the Borger Junior College District includes:

  109. Tex. Education Code Sec. 130.170. BRAZOSPORT COLLEGE DISTRICT SERVICE AREA. The service area of the Brazosport College District includes the territory within:

  110. Tex. Education Code Sec. 130.171. CENTRAL TEXAS COLLEGE DISTRICT SERVICE AREA. The service area of the Central Texas College District includes the territory within:

  111. Tex. Education Code Sec. 130.172. CISCO JUNIOR COLLEGE DISTRICT SERVICE AREA. The service area of the Cisco Junior College District includes the territory within:

  112. Tex. Education Code Sec. 130.173. CLARENDON COLLEGE DISTRICT SERVICE AREA. The service area of the Clarendon College District includes the territory within Gray, Donley, Wheeler, Armstrong, Collingsworth, Briscoe, Hall, and Childress counties.

  113. Tex. Education Code Sec. 130.174. COLLEGE OF THE MAINLAND DISTRICT SERVICE AREA. The service area of the College of the Mainland District includes the territory within:

  114. Tex. Education Code Sec. 130.175. COLLIN COUNTY COMMUNITY COLLEGE DISTRICT SERVICE AREA. The service area of the Collin County Community College District includes the territory within:

  115. Tex. Education Code Sec. 130.176. DALLAS COUNTY COMMUNITY COLLEGE DISTRICT SERVICE AREA. The service area of the Dallas County Community College District includes the territory within:

  116. Tex. Education Code Sec. 130.177. DEL MAR COLLEGE-CORPUS CHRISTI JUNIOR COLLEGE DISTRICT SERVICE AREA. The service area of the Del Mar College-Corpus Christi Junior College District includes the territory within:

  117. Tex. Education Code Sec. 130.178. EL PASO COUNTY COMMUNITY COLLEGE DISTRICT SERVICE AREA. The service area of the El Paso County Community College District includes the territory within El Paso and Hudspeth counties.

  118. Tex. Education Code Sec. 130.179. GALVESTON COLLEGE DISTRICT SERVICE AREA. The service area of the Galveston College District includes:

  119. Tex. Education Code Sec. 130.180. GRAYSON COUNTY JUNIOR COLLEGE DISTRICT SERVICE AREA. The service area of the Grayson County Junior College District includes the territory within:

  120. Tex. Education Code Sec. 130.181. HILL COLLEGE DISTRICT SERVICE AREA. The service area of the Hill College District includes the territory within:

  121. Tex. Education Code Sec. 130.182. HOUSTON COMMUNITY COLLEGE SYSTEM DISTRICT SERVICE AREA. The service area of the Houston Community College System District includes the territory within:

  122. Tex. Education Code Sec. 130.183. HOWARD COUNTY JUNIOR COLLEGE DISTRICT SERVICE AREA. The service area of the Howard County Junior College District includes the territory within Howard, Dawson, Martin, Glasscock, Sterling, Coke, Tom Green, Concho, Irion, Schleicher, Sutton, Menard, and Kimble counties.

  123. Tex. Education Code Sec. 130.184. KILGORE JUNIOR COLLEGE DISTRICT SERVICE AREA. The service area of the Kilgore Junior College District includes the territory within:

  124. Tex. Education Code Sec. 130.185. LAREDO COMMUNITY COLLEGE DISTRICT SERVICE AREA. The service area of the Laredo Community College District includes the territory within:

  125. Tex. Education Code Sec. 130.186. LEE COLLEGE DISTRICT SERVICE AREA. The service area of the Lee College District includes the territory within:

  126. Tex. Education Code Sec. 130.187. MCLENNAN COMMUNITY COLLEGE DISTRICT SERVICE AREA. The service area of the McLennan Community College District includes the territory within:

  127. Tex. Education Code Sec. 130.188. MIDLAND COMMUNITY COLLEGE DISTRICT SERVICE AREA. The service area of the Midland Community College District includes the territory within:

  128. Tex. Education Code Sec. 130.189. NAVARRO COLLEGE DISTRICT SERVICE AREA. The service area of the Navarro College District includes the territory within Navarro, Ellis, Freestone, Limestone, and Leon counties.

  129. Tex. Education Code Sec. 130.190. NORTH CENTRAL TEXAS COLLEGE DISTRICT SERVICE AREA. The service area of the North Central Texas College District includes the territory within:

  130. Tex. Education Code Sec. 130.191. LONE STAR COLLEGE SYSTEM DISTRICT SERVICE AREA. The service area of the Lone Star College System District includes the territory within:

  131. Tex. Education Code Sec. 130.192. NORTHEAST TEXAS COMMUNITY COLLEGE DISTRICT SERVICE AREA. The service area of the Northeast Texas Community College District includes the territory within:

  132. Tex. Education Code Sec. 130.193. ODESSA COLLEGE DISTRICT SERVICE AREA. The service area of the Odessa College District includes the territory within:

  133. Tex. Education Code Sec. 130.194. PANOLA COLLEGE DISTRICT SERVICE AREA. The service area of the Panola College District includes the territory within:

  134. Tex. Education Code Sec. 130.195. PARIS JUNIOR COLLEGE DISTRICT SERVICE AREA. The service area of the Paris Junior College District includes the territory within:

  135. Tex. Education Code Sec. 130.196. RANGER JUNIOR COLLEGE DISTRICT SERVICE AREA. The service area of the Ranger Junior College District includes the territory within:

  136. Tex. Education Code Sec. 130.197. SAN JACINTO COLLEGE DISTRICT SERVICE AREA. The service area of the San Jacinto College District includes the territory within:

  137. Tex. Education Code Sec. 130.198. SOUTH PLAINS COLLEGE DISTRICT SERVICE AREA. The service area of the South Plains College District includes the territory within:

  138. Tex. Education Code Sec. 130.199. SOUTH TEXAS COMMUNITY COLLEGE DISTRICT SERVICE AREA. The service area of the South Texas Community College District includes the territory within Hidalgo and Starr counties.

  139. Tex. Education Code Sec. 130.200. SOUTHWEST TEXAS JUNIOR COLLEGE DISTRICT SERVICE AREA. The service area of the Southwest Texas Junior College District includes the territory within Zavala, Uvalde, Real, Dimmit, Frio, Kinney, La Salle, Maverick, Medina, Val Verde, and Edwards counties.

  140. Tex. Education Code Sec. 130.201. TARRANT COUNTY JUNIOR COLLEGE DISTRICT SERVICE AREA. The service area of the Tarrant County Junior College District includes the territory within Tarrant County.

  141. Tex. Education Code Sec. 130.202. TEMPLE JUNIOR COLLEGE DISTRICT SERVICE AREA. The service area of the Temple Junior College District includes the territory within:

  142. Tex. Education Code Sec. 130.203. TEXARKANA COLLEGE DISTRICT SERVICE AREA. The service area of the Texarkana College District includes the territory within:

  143. Tex. Education Code Sec. 130.204. TEXAS SOUTHMOST COLLEGE DISTRICT SERVICE AREA. The service area of the Texas Southmost College District includes the territory within:

  144. Tex. Education Code Sec. 130.205. TRINITY VALLEY COMMUNITY COLLEGE DISTRICT SERVICE AREA. The service area of the Trinity Valley Community College District includes the territory within:

  145. Tex. Education Code Sec. 130.206. TYLER JUNIOR COLLEGE DISTRICT SERVICE AREA. The service area of the Tyler Junior College District includes the territory within:

  146. Tex. Education Code Sec. 130.207. VERNON REGIONAL JUNIOR COLLEGE DISTRICT SERVICE AREA. The service area of the Vernon Regional Junior College District includes the territory within Wilbarger, Archer, Baylor, Clay, Cottle, Foard, Hardeman, Haskell, King, Knox, Throckmorton, and Wichita counties.

  147. Tex. Education Code Sec. 130.208. THE VICTORIA COLLEGE DISTRICT SERVICE AREA. The service area of The Victoria College District includes the territory within:

  148. Tex. Education Code Sec. 130.209. WEATHERFORD COLLEGE DISTRICT SERVICE AREA. The service area of the Weatherford College District includes the territory within Hood, Parker, Wise, Jack, and Palo Pinto counties.

  149. Tex. Education Code Sec. 130.210. WESTERN TEXAS COLLEGE DISTRICT SERVICE AREA. The service area of the Western Texas College District includes the territory within Scurry, Fisher, Jones, Nolan, Runnels, Dickens, Stonewall, Borden, Mitchell, and Kent counties.

  150. Tex. Education Code Sec. 130.211. WHARTON COUNTY JUNIOR COLLEGE DISTRICT SERVICE AREA. The service area of the Wharton County Junior College District includes the territory within:

  151. Tex. Education Code Sec. 130.251. BRANCH CAMPUSES.

  152. Tex. Education Code Sec. 130.252. SECURITY FOR REVENUE BONDS ISSUED FOR BRANCH CAMPUS, CENTER, OR EXTENSION FACILITY. Bonds payable from revenue and issued by the governing body of a county or school district to finance the purchase of land or the construction of a facility to be used for a branch campus, center, or extension facility authorized under Section 130.251 may be secured by a trust indenture, a deed of trust, or a mortgage granting a security interest in the applicable land or facility.

  153. Tex. Education Code Sec. 130.253. BRANCH CAMPUS MAINTENANCE TAX.

  154. Tex. Education Code Sec. 130.254. SOUTH TEXAS COMMUNITY COLLEGE DISTRICT; INSTRUCTIONAL PROGRAMS IN EDCOUCH OR ELSA. The board of trustees of the South Texas Community College District shall adopt and implement a plan to expand opportunity for instructional programs consisting of postsecondary courses leading to an associate degree offered in a classroom setting within the corporate limits of the municipality of Edcouch or Elsa. Any instructional program provided under this section is subject to the requirements of Section 130.251.

  155. Tex. Education Code Sec. 130.301. DEFINITIONS. In this subchapter:

  156. Tex. Education Code Sec. 130.302. BACCALAUREATE DEGREE PROGRAMS; GENERAL AUTHORIZATION. The coordinating board may authorize public junior colleges to offer baccalaureate degree programs as provided by this subchapter. Offering a baccalaureate degree program under this subchapter does not otherwise alter the role and mission of a public junior college.

  157. Tex. Education Code Sec. 130.303. AUTHORIZATION FOR CERTAIN BACCALAUREATE DEGREE PROGRAMS.

  158. Tex. Education Code Sec. 130.304. BACCALAUREATE IN DENTAL HYGIENE.

  159. Tex. Education Code Sec. 130.305. ACCREDITATION. A public junior college offering a baccalaureate degree program under this subchapter must meet all applicable accreditation requirements of a recognized accrediting agency.

  160. Tex. Education Code Sec. 130.306. LIMITATION.

  161. Tex. Education Code Sec. 130.307. REQUIREMENTS.

  162. Tex. Education Code Sec. 130.308. SPECIAL REQUIREMENTS FOR NURSING DEGREE PROGRAM.

  163. Tex. Education Code Sec. 130.309. ARTICULATION AGREEMENT REQUIRED.

  164. Tex. Education Code Sec. 130.310. FUNDING.

  165. Tex. Education Code Sec. 130.311. REPORT. Each biennium, each public junior college offering a baccalaureate degree program under this subchapter shall conduct a review of each baccalaureate degree program offered and prepare a report on the operation, quality, and effectiveness of those degree programs. A copy of the report shall be delivered to the coordinating board in the form and at the time determined by the coordinating board.

  166. Tex. Education Code Sec. 130.312. RULES. The coordinating board shall adopt rules as necessary for the administration of this subchapter.

  167. Tex. Education Code Sec. 130.351. DEFINITIONS. In this subchapter:

  168. Tex. Education Code Sec. 130.352. FORMULA FUNDING FOR WORKFORCE CONTINUING EDUCATION COURSES. Notwithstanding Section 130.003 or any other law, contact hours attributable to the enrollment of a student in a workforce continuing education course offered by a public junior college shall be included in the contact hours used to determine the college's allocation of state money appropriated and distributed to public junior colleges under this chapter and Chapter 130A, regardless of whether the college waives all or part of the tuition or fees for the course under Section 130.354.

  169. Tex. Education Code Sec. 130.353. WORKFORCE CONTINUING EDUCATION FOR HIGH SCHOOL STUDENTS.

  170. Tex. Education Code Sec. 130.354. WAIVER OF TUITION AND FEES FOR WORKFORCE CONTINUING EDUCATION COURSES. A public junior college may waive all or part of the tuition or fees charged to a student for a workforce continuing education course only if:

  171. Tex. Education Code Sec. 130.355. RULES. The coordinating board shall adopt any rules the coordinating board considers necessary for the administration of this subchapter.

  172. Tex. Education Code Sec. 130.451. DEFINITIONS. In this subchapter:

  173. Tex. Education Code Sec. 130.452. PURPOSE. The purpose of the program is to provide an alternative means by which adult students enrolled in a workforce education program at a public junior college may earn a high school diploma at the college through concurrent enrollment in a competency-based education program that enables students to demonstrate knowledge substantially equivalent to the knowledge required to earn a high school diploma in this state.

  174. Tex. Education Code Sec. 130.453. ADMINISTRATION. The coordinating board shall administer the program in consultation with the Texas Education Agency and the Texas Workforce Commission.

  175. Tex. Education Code Sec. 130.454. APPROVAL OF ALTERNATIVE HIGH SCHOOL DIPLOMA PROGRAM.

  176. Tex. Education Code Sec. 130.455. AWARD OF HIGH SCHOOL DIPLOMA.

  177. Tex. Education Code Sec. 130.456. FUNDING.

  178. Tex. Education Code Sec. 130.457. REPORT. Not later than December 1, 2026, the coordinating board shall submit to the legislature a progress report on the effectiveness of the program and any recommendations for legislative or other action. This section expires September 1, 2027.

  179. Tex. Education Code Sec. 130.458. RULES. The coordinating board may adopt rules as necessary to implement this subchapter.

Chapter 131

  1. Tex. Education Code Sec. 131.001. SOUTHWEST COLLEGE FOR THE DEAF. The Southwest College for the Deaf is a postsecondary educational institution providing instruction for hearing-impaired students preparing for a career or for enrollment in a senior college or university.

  2. Tex. Education Code Sec. 131.002. ADMINISTRATION.

  3. Tex. Education Code Sec. 131.003. LOCATION. The college is located on land deeded to the governing board by the federal Department of Education for the purpose of operating the college. The governing board may not conduct regular junior college programs for students with unimpaired hearing on the college campus except as an integral part of the program offered to hearing-impaired students when:

  4. Tex. Education Code Sec. 131.004. COURSES, PROGRAMS, AND SERVICES.

  5. Tex. Education Code Sec. 131.005. TUITION.

  6. Tex. Education Code Sec. 131.006. APPROPRIATIONS; GRANTS.

Chapter 132

  1. Tex. Education Code Sec. 132.001. DEFINITIONS. In this chapter:

  2. Tex. Education Code Sec. 132.0015. REFERENCE TO PROPRIETARY SCHOOL. A reference in this code or another law to a proprietary school means a career school or college.

  3. Tex. Education Code Sec. 132.002. EXEMPTIONS.

  4. Tex. Education Code Sec. 132.003. COURSE EXEMPTION: DEVELOPMENT OF CAREER SKILLS; RECREATIONAL OR AVOCATIONAL SUBJECTS.

  5. Tex. Education Code Sec. 132.004. EXCLUSIVE OFFERING OF EXEMPTED COURSES OR PROGRAMS BY BUSINESS ENTERPRISE. A business enterprise that offers exclusively courses or programs of instruction that are exempt under Section 132.002 or 132.003 is exempt from this chapter.

  6. Tex. Education Code Sec. 132.005. APPLICABILITY. This chapter does not apply to a school or training program that offers only avocational or recreational instruction or teacher instruction for the following subjects:

  7. Tex. Education Code Sec. 132.006. COMMERCIAL DRIVER'S LICENSE TRAINING PROGRAM; CERTAIN CURRICULUM REQUIREMENTS.

  8. Tex. Education Code Sec. 132.021. TEXAS WORKFORCE COMMISSION.

  9. Tex. Education Code Sec. 132.022. DUTIES OF COMMISSION. The commission shall carry out the policies of this chapter and enforce the rules adopted under this chapter. The commission shall also certify the names of those career schools and colleges meeting the requirements for a certificate of approval.

  10. Tex. Education Code Sec. 132.0225. DIVISION OF EDUCATION. To the extent possible, the agency administrator and commission shall administer their functions under this chapter through the division.

  11. Tex. Education Code Sec. 132.023. MEMORANDUM OF UNDERSTANDING FOR REGULATION OF CAREER SCHOOLS AND COLLEGES.

  12. Tex. Education Code Sec. 132.024. STUDENT INFORMATION; OFFENSE; PENALTY.

  13. Tex. Education Code Sec. 132.025. REQUIRED POSTING. To facilitate a prospective student's informed selection among career schools and colleges, the commission shall include in its searchable directory of career schools and colleges maintained on its Internet website information regarding any formal enforcement action taken by the commission against a school or college, including:

  14. Tex. Education Code Sec. 132.026. MEASURES TO FACILITATE AWARD OF COURSE CREDIT FOR MILITARY SERVICE.

  15. Tex. Education Code Sec. 132.051. CERTIFICATE OF APPROVAL.

  16. Tex. Education Code Sec. 132.052. APPLICATION FOR CERTIFICATE OF APPROVAL. Every career school or college desiring to operate in this state shall make written application to the commission for a certificate of approval. Such application shall be verified, be in such form as may be prescribed by the commission, and shall furnish the commission such information as the commission may require.

  17. Tex. Education Code Sec. 132.053. STATUTORY WAIVER AUTHORITY.

  18. Tex. Education Code Sec. 132.054. SMALL SCHOOL OR COLLEGE EXEMPTION. The commission may exempt small career schools and colleges from any requirement of this chapter to reduce the cost to small schools and colleges of receiving a certificate of approval.

  19. Tex. Education Code Sec. 132.055. CRITERIA.

  20. Tex. Education Code Sec. 132.0551. QUALIFICATIONS, TRAINING, AND CONTINUING EDUCATION REQUIRED.

  21. Tex. Education Code Sec. 132.056. ISSUANCE OF CERTIFICATE OF APPROVAL; RENEWAL.

  22. Tex. Education Code Sec. 132.057. DENIAL OF CERTIFICATE OF APPROVAL.

  23. Tex. Education Code Sec. 132.058. REVOCATION OF CERTIFICATE OF APPROVAL.

  24. Tex. Education Code Sec. 132.059. REGISTRATION OF REPRESENTATIVES.

  25. Tex. Education Code Sec. 132.061. REFUND POLICY.

  26. Tex. Education Code Sec. 132.0611. REFUND POLICY FOR STUDENTS CALLED TO ACTIVE MILITARY SERVICE. As a condition to receiving a certificate of approval under this chapter, including a renewal of a certificate of approval, a career school or college must maintain, and include in the school or college's catalogue and enrollment contract, a policy under which a student of the school or college who withdraws from the school or college as a result of the student being called to active duty in a military service of the United States or the Texas National Guard may elect one of the following options for each program in which the student is enrolled:

  27. Tex. Education Code Sec. 132.062. WITHHOLDING RECORDS. A career school or college may withhold a student's transcript or certificate of completion of training until the student has fulfilled the student's financial obligation to the school or college.

  28. Tex. Education Code Sec. 132.063. APPROVED DEGREES. A career school or college may offer a degree approved by the Texas Higher Education Coordinating Board.

  29. Tex. Education Code Sec. 132.064. NONQUALIFICATION AS SMALL CAREER SCHOOL AND COLLEGE.

  30. Tex. Education Code Sec. 132.065. SCHOOLS NOT REQUIRED TO TAKE ATTENDANCE.

  31. Tex. Education Code Sec. 132.101. HEARING.

  32. Tex. Education Code Sec. 132.102. JUDICIAL APPEAL.

  33. Tex. Education Code Sec. 132.103. APPEAL FOLLOWING REVOCATION OF CERTIFICATE OF APPROVAL. Appeals concerning revocation of certificates of approval shall be prosecuted in the same manner and under the same provisions as provided for appeals from denial of such certificates.

  34. Tex. Education Code Sec. 132.121. CLASS ACTION.

  35. Tex. Education Code Sec. 132.122. NOTICE. In any class action permitted under this chapter, the court shall direct the defendant to serve on each member of the class the best possible notice. If required in the interest of justice, the court may direct that individual notice be served on all members of the class who can be identified through reasonable efforts. Such notice shall inform the recipient that the recipient is thought to be a member of the class and, if so, the recipient may enter an appearance and join in the suit, either in person or through counsel.

  36. Tex. Education Code Sec. 132.123. JUDGMENT AND COSTS.

  37. Tex. Education Code Sec. 132.151. PROHIBITIONS. A person may not:

  38. Tex. Education Code Sec. 132.152. ADMINISTRATIVE PENALTY.

  39. Tex. Education Code Sec. 132.153. COMPETITIVE BIDDING; ADVERTISING. The commission may not adopt rules to restrict competitive bidding or advertising by a career school or college except to prohibit false, misleading, or deceptive competitive bidding or advertising practices. Those rules may not restrict:

  40. Tex. Education Code Sec. 132.154. INJUNCTIONS.

  41. Tex. Education Code Sec. 132.155. CIVIL PENALTY.

  42. Tex. Education Code Sec. 132.156. SANCTIONS.

  43. Tex. Education Code Sec. 132.157. PENALTY FOR SMALL PROPRIETARY SCHOOL.

  44. Tex. Education Code Sec. 132.158. PROHIBITION AGAINST CERTAIN ACTIVITIES BY FINANCIAL AID EMPLOYEES.

  45. Tex. Education Code Sec. 132.201. CERTIFICATE AND REGISTRATION FEES.

  46. Tex. Education Code Sec. 132.202. REQUIRED POSTING BY CERTAIN SCHOOLS OR EDUCATIONAL INSTITUTIONS NOT OPERATING IN THIS STATE. A school or educational institution described by Section 132.001(1)(B) shall post a conspicuous notice on the home page of its website stating:

  47. Tex. Education Code Sec. 132.221. FUNDING.

  48. Tex. Education Code Sec. 132.2415. TUITION TRUST ACCOUNT.

  49. Tex. Education Code Sec. 132.242. CLOSED SCHOOL OR COLLEGE.

  50. Tex. Education Code Sec. 132.301. HEARING; NOTICE.

  51. Tex. Education Code Sec. 132.302. HEARING. Except as agreed by the parties with prior written approval of the commission, a hearing under this subchapter must be held not earlier than the fifth day or later than the 30th day after the date of service of the statement and notice required under Section 132.301.

  52. Tex. Education Code Sec. 132.303. CEASE AND DESIST ORDER. After a hearing held under this subchapter, the commission may issue against the person charged with operating a career school or college without a certificate issued by the commission an order that requires that the person immediately cease and desist from violating this chapter.

  53. Tex. Education Code Sec. 132.304. ENFORCEMENT; REFERRAL TO THE ATTORNEY GENERAL. The commission may refer the matter to the consumer protection division of the attorney general's office for enforcement if the commission has reason to believe that a person has violated or failed to respond to a cease and desist order issued under this subchapter.

  54. Tex. Education Code Sec. 132.305. EFFECT OF PRIOR PROCEEDINGS. The commission may proceed under this chapter or any other applicable law without regard to prior proceedings.

  55. Tex. Education Code Sec. 132.306. RULES. The commission shall adopt rules as necessary to implement this subchapter.

Chapter 133

  1. Tex. Education Code Sec. 133.001. DEFINITIONS. In this chapter:

  2. Tex. Education Code Sec. 133.002. GENERAL PROVISIONS RELATING TO APPRENTICESHIP TRAINING PROGRAMS.

  3. Tex. Education Code Sec. 133.003. DUTIES OF APPRENTICESHIP COMMITTEE. The apprenticeship committee for each apprenticeship training program shall:

  4. Tex. Education Code Sec. 133.004. NOTICE OF AVAILABLE FUNDS. In order to insure that all citizens of Texas have an equal opportunity to benefit from apprenticeship training programs, the commission shall provide for statewide publication in a manner recommended by the advisory committee and intended to give actual notice to all potential program sponsors of the amount of funds that will be available to support apprenticeship training programs during the current and following fiscal years, the qualifications required of program sponsors and apprenticeship committees, and the procedures to be followed in applying for state funds. The notice may also include other information recommended by the advisory committee and approved by the commission. Notwithstanding the foregoing, the commission shall publish any information concerning available funds given to a particular program sponsor in a manner recommended by the advisory committee and intended to give actual notice to all potential program sponsors statewide.

  5. Tex. Education Code Sec. 133.005. AUDIT PROCEDURES.

  6. Tex. Education Code Sec. 133.006. APPROPRIATION AND DISTRIBUTION OF FUNDS.

  7. Tex. Education Code Sec. 133.007. RULES. The commission shall promulgate rules necessary to implement the provisions of this chapter.

  8. Tex. Education Code Sec. 133.008. STATUS OF RECOMMENDATIONS.

  9. Tex. Education Code Sec. 133.009. APPLICABILITY. The provisions of this chapter apply only to those apprenticeship training programs which receive state funds pursuant to the provisions of Section 133.002.

Chapter 134

  1. Tex. Education Code Sec. 134.001. DEFINITIONS. In this chapter:

  2. Tex. Education Code Sec. 134.002. JOBS AND EDUCATION FOR TEXANS

  3. Tex. Education Code Sec. 134.003. ADVISORY BOARD.

  4. Tex. Education Code Sec. 134.004. JOBS AND EDUCATION FOR TEXANS

  5. Tex. Education Code Sec. 134.006. GRANTS TO EDUCATIONAL INSTITUTIONS FOR CAREER AND TECHNICAL EDUCATION PROGRAMS.

  6. Tex. Education Code Sec. 134.007. GRANTS AWARDED TO SCHOOL DISTRICTS, OPEN-ENROLLMENT CHARTER SCHOOLS, OR CERTAIN JUVENILE JUSTICE ENTITIES. The commission may award a grant under this chapter to:

  7. Tex. Education Code Sec. 134.008. RULES. The commission shall adopt rules as necessary for the administration of this chapter.

Chapter 135

  1. Tex. Education Code Sec. 135.01. TEXAS STATE TECHNICAL COLLEGE SYSTEM; ROLE AND MISSION.

  2. Tex. Education Code Sec. 135.011. DEFINITIONS. In this chapter:

  3. Tex. Education Code Sec. 135.02. LOCATION.

  4. Tex. Education Code Sec. 135.04. APPROVAL OF PROGRAMS.

  5. Tex. Education Code Sec. 135.05. SERVICES FOR THE DEAF.

  6. Tex. Education Code Sec. 135.06. EXTENSION PROGRAM.

  7. Tex. Education Code Sec. 135.07. FUNDING; GIFTS AND GRANTS.

  8. Tex. Education Code Sec. 135.08. AIRPORT.

  9. Tex. Education Code Sec. 135.101. DEFINITION. In this subchapter, "public junior college" has the meaning assigned by Section 61.003.

  10. Tex. Education Code Sec. 135.102. PARTNERSHIP AGREEMENTS.

  11. Tex. Education Code Sec. 135.103. JOINT USE OF PERSONNEL. The governing boards of the participating institutions may fill by joint appointment any administrative, faculty, or support position necessary for the operation of the institutions.

  12. Tex. Education Code Sec. 135.104. SUPPORT SERVICES. The governing boards of the participating institutions may assign the management and operation of selected services, including maintenance of buildings and grounds, operation of auxiliary enterprises, and operation of a jointly supported library, to one of the institutions in order to achieve cost-effectiveness.

  13. Tex. Education Code Sec. 135.105. FACILITIES.

  14. Tex. Education Code Sec. 135.106. STATE FUNDING. The system is entitled to receive state appropriations on the same formula basis as if the system did not enter into a partnership agreement under this subchapter, and any other participating institution of higher education is entitled to state appropriations on the same formula basis as other similar institutions of higher education.

  15. Tex. Education Code Sec. 135.21. BOARD OF REGENTS. The organization and control of the system is vested in a board of nine regents.

  16. Tex. Education Code Sec. 135.22. APPOINTMENT OF BOARD. The governor shall appoint members of the board with the advice and consent of the senate. In appointing members of the board the governor shall include persons representing agriculture, business, industry, and labor. Each member of the board shall be a citizen of Texas and shall take the constitutional oath of office.

  17. Tex. Education Code Sec. 135.23. TERMS OF OFFICE. The term of office of each regent is six years. Any vacancy that occurs on the board is filled for the unexpired term by appointment of the governor.

  18. Tex. Education Code Sec. 135.24. ORGANIZATION; BYLAWS. The board shall elect one of the members chairman; elect other officers as it deems necessary; and enact bylaws, rules, and regulations as it deems necessary for the successful management and operation of the system.

  19. Tex. Education Code Sec. 135.25. MEETINGS. The board shall meet as prescribed by its bylaws.

  20. Tex. Education Code Sec. 135.26. COMPENSATION. Members of the board may not receive salary or compensation for their services, but they shall receive reimbursement for their actual expenses incurred in attending to the work of the board.

  21. Tex. Education Code Sec. 135.27. SYSTEM CENTRAL ADMINISTRATION OFFICE; EXECUTIVE OFFICER.

  22. Tex. Education Code Sec. 135.51. CERTIFICATES, DIPLOMAS, AND ASSOCIATE DEGREES.

  23. Tex. Education Code Sec. 135.52. FEES AND TUITION.

  24. Tex. Education Code Sec. 135.53. NONRESIDENT FEE EXEMPTIONS. The board may enter into cooperative agreements which exempt technical students from nonresident fees when there are reciprocal privileges granted to Texas residents.

  25. Tex. Education Code Sec. 135.54. CONTRACTS. The board may contract with individuals, federal, state, and local agencies and departments, corporations, and associations to provide:

  26. Tex. Education Code Sec. 135.55. SUITS; VENUE. The board may sue, and may be sued, in the name of the Texas State Technical College System, with venue being in either McLennan County or Travis County.

  27. Tex. Education Code Sec. 135.56. BONDS AND NOTES; PLEDGE OF REVENUE.

  28. Tex. Education Code Sec. 135.561. USE OF PROPERTY. The board may lease, sell, transfer, or exchange land and permanent improvements owned by the system as the board determines is in the best interest of fulfilling the mission of the system.

  29. Tex. Education Code Sec. 135.57. INSURANCE. The board may procure the property and liability insurance coverages required by the United States to protect it and its agencies against the possibility of loss or liability in connection with property owned by the United States and loaned to the system pursuant to the provisions of the National Industrial Reserve Act of 1948, 50 U.S.C. Secs. 451-462.

  30. Tex. Education Code Sec. 135.58. WORKERS' COMPENSATION INSURANCE. The board may provide workers' compensation insurance for its employees according to the provisions of Chapter 229, Acts of the 50th Legislature, 1947, as amended (Article 8309b, Vernon's Texas Civil Statutes).

  31. Tex. Education Code Sec. 135.59. CONTRACTS WITH INSTITUTIONS OF HIGHER EDUCATION. The board may enter into any contracts and agreements with an institution of higher education, as defined by Section 61.003 of this code, or a private or independent college or university that is accredited by a recognized accrediting agency under Section 61.003 of this code, for joint participation in programs that may be designed to benefit the State of Texas.

  32. Tex. Education Code Sec. 135.60. EMINENT DOMAIN.

  33. Tex. Education Code Sec. 135.61. FORECASTING TECHNICAL EDUCATION PROGRAM NEEDS.

Chapter 136

  1. Tex. Education Code Sec. 136.001. DEFINITIONS. In this chapter:

  2. Tex. Education Code Sec. 136.003. TEXAS INNOVATIVE ADULT CAREER EDUCATION

  3. Tex. Education Code Sec. 136.005. TEXAS INNOVATIVE ADULT CAREER EDUCATION

  4. Tex. Education Code Sec. 136.006. ELIGIBLE ORGANIZATIONS.

  5. Tex. Education Code Sec. 136.007. RULES. The coordinating board shall adopt rules as necessary for the administration of this chapter, including rules regarding eligibility, program tuition and fees, administrative costs, matching funds, and case management and other supports for the program. The rules may include provisions for the payment in periodic installments of grant awards.

Chapter 141

  1. Tex. Education Code Sec. 141.001. DEFINITIONS. In this chapter:

  2. Tex. Education Code Sec. 141.002. ESTABLISHMENT; PURPOSE. The research enhancement program is established to encourage and provide support for research conducted by faculty members. The program replaces the research program that currently is referred to as "Organized Research."

  3. Tex. Education Code Sec. 141.003. FUNDING.

  4. Tex. Education Code Sec. 141.004. GUIDELINES AND PROCEDURES. Each public senior college or university that receives funds under this chapter shall:

  5. Tex. Education Code Sec. 141.005. MERIT REVIEW. The coordinating board shall appoint a committee that consists of higher education representatives to evaluate the enhancement program's effectiveness and shall report its findings to the coordinating board not later than September 1 of the second year of each biennium.

Chapter 142

  1. Tex. Education Code Sec. 142.001. DEFINITIONS. In this chapter:

  2. Tex. Education Code Sec. 142.002. NORMAN HACKERMAN ADVANCED RESEARCH PROGRAM; PURPOSE. The Norman Hackerman advanced research program is established to encourage and provide support for basic research conducted by faculty members and students in astronomy, atmospheric science, biological and behavioral sciences, chemistry, computer sciences, earth sciences, engineering, information science, mathematics, material sciences, oceanography, physics, environmental issues affecting the Texas-Mexico border region, the reduction of industrial, agricultural, and domestic water use, social sciences, and related disciplines in eligible institutions.

  3. Tex. Education Code Sec. 142.0025. ADVANCED TECHNOLOGY PROGRAM; PURPOSE.

  4. Tex. Education Code Sec. 142.003. ADMINISTRATION; GUIDELINES AND PROCEDURES.

  5. Tex. Education Code Sec. 142.0035. TECHNOLOGY PROGRAM: PRIORITY RESEARCH AREAS. The technology program may provide support for faculty members to conduct research in areas determined by an advisory panel appointed by the coordinating board. Initial research areas shall include: agriculture, biotechnology, biomedicine, energy, environment, materials science, microelectronics, aerospace, marine science, aquaculture, telecommunications, manufacturing science, environmental issues affecting the Texas-Mexico border region, the reduction of industrial, agricultural, and domestic water use, recycling, and related disciplines. The advisory committee appointed under Section 142.003(b) may add or delete priority research areas as the advisory committee considers warranted.

  6. Tex. Education Code Sec. 142.004. FUNDING.

  7. Tex. Education Code Sec. 142.006. MERIT REVIEW.

  8. Tex. Education Code Sec. 142.007. CONFIDENTIALITY. Information submitted as part of a pre-proposal or proposal or related to the evaluation and selection of research projects to be funded by the research program or technology program is confidential unless made public by coordinating board rule.

  9. Tex. Education Code Sec. 142.009. APPLIED RESEARCH FOR CLEAN COAL PROJECT AND OTHER PROJECTS FOR ELECTRICITY GENERATION. The coordinating board shall use money available for the purpose from legislative appropriations, including gifts, grants, and donations, to support at one or more eligible institutions applied research related to:

Chapter 145

  1. Tex. Education Code Sec. 145.001. GRANTS AND RESEARCH EXPENSES.

Chapter 149

  1. Tex. Education Code Sec. 149.001. DEFINITIONS. In this chapter:

  2. Tex. Education Code Sec. 149.002. GEO-TECHNOLOGY RESEARCH INSTITUTE. The Geo-Technology Research Institute is located at the center, a research consortium that includes The University of Texas at Austin, Texas A&M University, Rice University, and the University of Houston.

  3. Tex. Education Code Sec. 149.003. ADMINISTRATION. The board of directors of the center directs the administration of the institute.

  4. Tex. Education Code Sec. 149.004. DUTIES.

  5. Tex. Education Code Sec. 149.005. FUNDS.

Chapter 150

  1. Tex. Education Code Sec. 150.001. DEFINITIONS. In this chapter:

  2. Tex. Education Code Sec. 150.002. CONTRACTS.

  3. Tex. Education Code Sec. 150.003. PAYMENT FOR SERVICES, MATERIALS, AND EQUIPMENT.

Chapter 151

  1. Tex. Education Code Sec. 151.001. DEFINITION. In this chapter, "institute" means the Border Health Institute, a collaboration or consortium of independent public and private entities.

  2. Tex. Education Code Sec. 151.002. ESTABLISHMENT; PURPOSE.

  3. Tex. Education Code Sec. 151.003. INSTITUTE MEMBERSHIP.

  4. Tex. Education Code Sec. 151.004. ADMINISTRATION.

  5. Tex. Education Code Sec. 151.005. FUNDING.

  6. Tex. Education Code Sec. 151.008. STRATEGIC PLAN. The institute shall develop a long-term strategic plan that includes a statement of the institute's goals and objectives for:

  7. Tex. Education Code Sec. 151.009. COORDINATING BOARD OVERSIGHT. The institutions subject to the oversight of the Texas Higher Education Coordinating Board under Chapter 61 and the rules of the coordinating board adopted under Chapter 61 remain subject to that supervision and those rules as those institutions participate in the institute and its activities.

Chapter 153

  1. Tex. Education Code Sec. 153.001. DEFINITIONS. In this chapter:

  2. Tex. Education Code Sec. 153.002. FINDINGS. The legislature finds that:

  3. Tex. Education Code Sec. 153.003. CREATION OF CENTERS.

  4. Tex. Education Code Sec. 153.004. OPERATION OF CENTERS.

  5. Tex. Education Code Sec. 153.005. PROGRAMS.

  6. Tex. Education Code Sec. 153.006. SUPPORT OF CENTERS.

  7. Tex. Education Code Sec. 153.007. NO FIDUCIARY DUTY. Except as otherwise provided by law, a governing board, an institution of higher education, a university system, a center, or any employee or member of those entities does not owe a fiduciary duty to any person claiming an interest in consideration received by a university system or an institution of higher education in exchange for technology.

Chapter 154

  1. Tex. Education Code Sec. 154.001. DEFINITION. In this chapter, "council" means the Texas Council on Alzheimer's Disease and Related Disorders.

  2. Tex. Education Code Sec. 154.002. CONSORTIUM; CLINICAL CENTERS.

  3. Tex. Education Code Sec. 154.003. PROGRAMS.

  4. Tex. Education Code Sec. 154.004. STEERING COMMITTEE. To advise the council on consortium activities, the council shall establish a steering committee composed of one representative from each consortium participant.

  5. Tex. Education Code Sec. 154.005. DATA COORDINATING CENTER.

  6. Tex. Education Code Sec. 154.006. FUNDING.

  7. Tex. Education Code Sec. 154.007. ACCESS TO DATA.

  8. Tex. Education Code Sec. 154.008. PERFORMANCE REVIEW. The council, with recommendations from the steering committee, shall review and evaluate the performance of the consortium participants and data coordinating center at least every five years.

Chapter 155

  1. Tex. Education Code Sec. 155.001. DEFINITIONS. In this chapter:

  2. Tex. Education Code Sec. 155.002. ESTABLISHMENT; PURPOSE. The commission shall create a severe storm research and planning center to facilitate research and develop plans, programs, and technology associated with the impact of and response to hurricanes and other severe storms in the Gulf Coast Region and adjacent areas, including:

  3. Tex. Education Code Sec. 155.003. ADMINISTRATION.

  4. Tex. Education Code Sec. 155.004. CONTRACT. To the extent funding is available and for the purpose of operating, managing, and providing services or facilities for the center, the commission shall contract with a private postsecondary educational institution that:

  5. Tex. Education Code Sec. 155.005. FUNDING.

Chapter 156

  1. Tex. Education Code Sec. 156.001. DEFINITIONS. In this chapter:

  2. Tex. Education Code Sec. 156.002. COMPOSITION OF RESEARCH COORDINATING BOARD.

  3. Tex. Education Code Sec. 156.003. CONFLICT OF INTEREST.

  4. Tex. Education Code Sec. 156.004. COMPOSITION OF CONSORTIUM.

  5. Tex. Education Code Sec. 156.005. ADMINISTRATION OF PROGRAM; GUIDELINES AND PROCEDURES.

  6. Tex. Education Code Sec. 156.006. FUNDING. The program shall be funded by gifts, grants, and donations described by Section 156.007. The program may not be funded by legislative appropriations.

  7. Tex. Education Code Sec. 156.007. GIFTS, GRANTS, AND DONATIONS. The consortium shall solicit, and the research coordinating board may accept on behalf of the consortium, a gift, grant, or donation made from any public or private source for the purpose of promoting adult stem cell research or commercialization.

  8. Tex. Education Code Sec. 156.008. BIENNIAL REPORT. Not later than September 1 of each even-numbered year, the research coordinating board shall submit a report of the board's activities and recommendations to the Texas Higher Education Coordinating Board and to the governor, the lieutenant governor, the speaker of the house of representatives, and the presiding officer of each legislative standing committee or subcommittee with jurisdiction over higher education.

Chapter 160

  1. Tex. Education Code Sec. 160.01. STATE POLICY. It is declared to be the policy of the State of Texas to promote the development and maintenance of regional educational services and facilities in the Southern States in the professional, technological, scientific, literary, and other fields so as to provide greater educational advantages for the citizens of the State of Texas and the citizens of the States in the Southern Region. This policy can best be accomplished under the plan embodied in the regional compact entered into by the State of Texas and thirteen other States February 8, 1948, through their respective Governors.

  2. Tex. Education Code Sec. 160.02. TEXT OF COMPACT. The regional education compact, as amended, reads as follows:

  3. Tex. Education Code Sec. 160.03. COMPACT APPROVED. The above compact is approved. The State of Texas is declared to be a party to said compact, and the agreements, covenants, and obligations contained therein are declared to be binding on the State of Texas, insofar as is permissible under the Constitution of the State of Texas.

  4. Tex. Education Code Sec. 160.04. GOVERNOR AS REPRESENTATIVE. The State of Texas shall be represented by the governor in all matters concerning the regional education program, and he shall have all powers necessary to effectuate the purposes of the compact including the power to make contracts with the Board of Control for Southern Regional Education for the education of Texas citizens in states other than Texas.

  5. Tex. Education Code Sec. 160.05. ENROLLED COPIES. The governor shall sign an enrolled copy of this chapter and sufficient copies shall be provided to supply each state approving the compact with an enrolled copy. The governor shall sign an enrolled copy of Section 160.06 of this code for submission to the Southern Regional Education Board.

  6. Tex. Education Code Sec. 160.06. CONSENT TO INCREASED MEMBERSHIP. Consent is hereby given by the State of Texas to the membership of the States of West Virginia and Delaware in the Southern Regional Education Compact set out above upon the same terms and conditions as if each had signed, ratified, and approved the same as one of the original contracting states, subject to the approval of the other states party to the compact, and subject to the execution of a copy of the compact by the governor of each of the respective states of West Virginia and Delaware, and subject to the approval of the compact and acceptance of its terms, agreements, and obligations by their respective Legislatures.

  7. Tex. Education Code Sec. 160.07. ACADEMIC COMMON MARKET.

  8. Tex. Education Code Sec. 160.08. CONSENT TO MEMBERSHIP OF OKLAHOMA. Consent is hereby given by the State of Texas to the membership of the State of Oklahoma in the Southern Regional Education Compact set out in this chapter on the same terms and conditions as if that state had signed, ratified, and approved the compact as one of the original contracting states, subject to the approval of the other states party to the compact, and subject to the execution of a copy of the compact by the Governor of Oklahoma, and subject to the approval of the compact and acceptance of its terms, agreements, and obligations by the Oklahoma Legislature.

Chapter 161

  1. Article I. Purpose and Policy

  2. Article II. State Defined

  3. Article III. The Commission

  4. Article IV. Powers

  5. Article IX. Construction and Severability

  6. Article V. Cooperation With Federal Government

  7. Article VI. Committees

  8. Article VII. Finance

  9. Article VIII. Eligible Parties; Entry into and Withdrawal

  10. Section A. If the laws of the United States specifically so provided, or if administrative provision is made therefor within the Federal Government, the United States may be represented on the Commission by not to exceed ten representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to Federal law, and may be drawn from any one or more branches of the Federal Government, but no such representative shall have a vote on the Commission.

  11. Section A. It is the purpose of this compact to:

  12. Section A. The Commission shall advise the Governor or designated officer or officers of each party State of its budget and estimated expenditures for such period as may be required by the laws of that party State. Each of the Commission's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party States.

  13. Section A. The Education Commission of the States, hereinafter called "the Commission," is hereby established. The Commission shall consist of seven members representing each party State. One of such members shall be the Governor or his designated representative, and six shall be appointed by and serve at the pleasure of the Governor, unless the laws of the State otherwise provide. In addition to any other principles or requirements which a State may establish for the appointment and service of its members of the Commission, the guiding principle for the composition of the membership on the Commission from each party State shall be that the members representing such State shall, by virtue of their training, experience, knowledge or affiliations be in a position collectively to reflect broadly the interests of the State Government, higher education, the State education system, local education, lay and professional, public and non-public educational leadership. Of those appointees, one may be the head of a State agency or institution, designated by the Governor, having responsibility for one or more programs of public education. In addition to the members of the Commission representing the party States, there may be not to exceed ten non-voting commissioners selected by the steering committee for terms of one year. Such commissioners shall represent leading national organizations of professional educators or persons concerned with educational administration.

  14. Section A. This compact shall have as eligible parties all States, Territories, and Possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. In respect of any such jurisdiction not having a Governor, the term "Governor," as used in this compact, shall mean the closest equivalent official of such jurisdiction.

  15. Section A. To assist in the expeditious conduct of its business when the full Commission is not meeting, the Commission shall elect a steering committee of thirty members which, subject to the provisions of this compact and consistent with the policies of the Commission, shall be constituted and function as provided in the bylaws of the Commission. One-third of the voting membership of the steering committee shall consist of Governors, and the remainder shall consist of other members of the Commission. A Federal representative on the Commission may serve with the steering committee, but without vote. The voting members of the steering committee shall serve for terms of two years, except that members elected to the first steering committee of the Commission shall be elected as follows: fifteen for one year and fifteen for two years. The chairman, vice chairman, and treasurer of the Commission shall be members of the steering committee and, anything in this paragraph to the contrary notwithstanding, shall serve during their continuance in these offices. Vacancies in the steering committee shall not affect its authority to act, but the Commission at its next regularly ensuing meeting following the occurrence of any vacancy shall fill it for the unexpired term. No person shall serve more than two terms as a member of the steering committee; provided that service for a partial term of one year or less shall not be counted toward the two-term limitation.

  16. Section B. Any State or other eligible jurisdiction may enter into this compact and it shall become binding thereon when it has adopted the same: provided that in order to enter into initial effect, adoption by at least ten eligible party jurisdictions shall be required.

  17. Section B. It is the policy of this compact to encourage and promote local and State initiative in the development, maintenance, improvement and administration of educational systems and institutions in a manner which will accord with the needs and advantages of diversity among localities and States.

  18. Section B. The Commission may establish advisory and technical committees composed of State, local, and Federal officials, and private persons to advise it with respect to any one or more of its functions. Any advisory or technical committee may, on request of the States concerned, be established to consider any matter of special concern to two or more of the party States.

  19. Section B. The Commission may provide information and make recommendations to any executive or legislative agency or officer of the Federal Government concerning the common educational policies of the States, and may advise with any such agencies or officers concerning any matter of mutual interest.

  20. Section B. The members of the Commission shall be entitled to one vote each on the Commission. No action of the Commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the Commission are cast in favor thereof. Action of the Commission shall be only at a meeting at which a majority of the commissioners are present. The Commission shall meet at least once a year. In its bylaws, and subject to such directions and limitations as may be contained therein, the Commission may delegate the exercise of any of its powers to the steering committee or the executive director, except for the power to approve budgets or requests for appropriations, the power to make policy recommendations pursuant to Article IV and adoption of the annual report pursuant to Article III(j).

  21. Section B. The total amount of appropriation requests under any budget shall be apportioned among the party States. In making such apportionment, the Commission shall devise and employ a formula which takes equitable account of the populations and per capita income levels of the party States.

  22. Section C. Adoption of the compact may be either by enactment thereof or by adherence thereto by the Governor; provided that in the absence of enactment, adherence by the Governor shall be sufficient to make his State a party only until December 31, 1967. During any period when a State is participating in this compact through gubernatorial action, the Governor shall appoint those persons who, in addition to himself, shall serve as the members of the Commission from his State, and shall provide to the Commission an equitable share of the financial support of the Commission from any source available to him.

  23. Section C. The Commission may establish such additional committees as its bylaws may provide.

  24. Section C. The Commission shall have a seal.

  25. Section C. The Commission shall not pledge the credit of any party States. The Commission may meet any of its obligations in whole or in part with funds available to it pursuant to Article III(g) of this compact, provided that the Commission takes specific action setting aside such funds prior to incurring an obligation to be met in whole or in part in such manner. Except where the Commission makes use of funds available to it pursuant to Article III(g) thereof, the Commission shall not incur any obligation prior to the allotment of funds by the party States adequate to meet the same.

  26. Section C. The party States recognize that each of them has an interest in the quality and quantity of education furnished in each of the other States, as well as in the excellence of its own educational systems and institutions, because of the highly mobile character of individuals within the Nation, and because the products and services contributing to the health, welfare and economic advancement of each State are supplied in significant part by persons educated in other States.

  27. Section D. Except for a withdrawal effective on December 31, 1967, in accordance with paragraph C of this Article, any party State may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the Governor of the withdrawing State has given notice in writing of the withdrawal to the Governors of all other party States. No withdrawal shall affect any liability already incurred by or chargeable to a party State prior to the time of such withdrawal.

  28. Section D. The Commission shall elect annually, from among its members, a chairman, who shall be a Governor, a vice chairman and a treasurer. The Commission shall provide for the appointment of an executive director. Such executive director shall serve at the pleasure of the Commission, and together with the treasurer and such other personnel as the Commission may deem appropriate shall be bonded in such amount as the Commission shall determine. The executive director shall be secretary.

  29. Section D. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established by its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual reports of the Commission.

  30. Section E. Irrespective of the civil service, personnel or other merit system laws of any of the party States, the executive director subject to the approval of the steering committee shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the Commission, and shall fix the duties and compensation of such personnel. The Commission in its bylaws shall provide for their personnel policies and programs of the Commission.

  31. Section E. The accounts of the Commission shall be open at any reasonable time for inspection by duly constituted officers of the party States and by any persons authorized by the Commission.

  32. Section F. Nothing contained herein shall be construed to prevent Commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the Commission.

  33. Section F. The Commission may borrow, accept or contract for the services of personnel from any party jurisdiction, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party jurisdictions or their subdivisions.

  34. Section G. The Commission may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any State, the United States, or any other governmental agency or from any person, firm, association, foundation, or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the Commission pursuant to this paragraph or services borrowed pursuant to paragraph (f) of this Article shall be reported in the annual report of the Commission. Such report shall include the nature, amount and conditions, if any, of the donation, grant, or services borrowed, and the identity of the donor or lender.

  35. Section H. The Commission may establish and maintain such facilities as may be necessary for the transacting of its business. The Commission may acquire, hold, and convey real and personal property and any interest therein.

  36. Section I. The Commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The Commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party States.

  37. Section J. The Commission annually shall make to the Governor and legislature of each party State a report covering the activities of the Commission for the preceding year. The Commission may make such additional reports as it may deem desirable.

  38. Tex. Education Code Sec. 161.01. COMPACT ENTERED INTO: TEXT. The Compact for Education is hereby entered into and enacted into law in the form substantially as follows:

  39. Tex. Education Code Sec. 161.02. TEXAS REPRESENTATIVES. The Texas membership to the Educational Commission of the States shall be the governor or his designated representative and six citizens of the state, including the state commissioner of education and the state commissioner of higher education, who shall be appointed and serve at the pleasure of the governor. These seven members shall officially represent Texas on the Education Commission of the States.

  40. Tex. Education Code Sec. 161.03. NOTICE OF MEETINGS. The governor's office shall file with the secretary of state for publication in the Texas Register a notice of the meetings of the Education Commission of the States.

  41. Tex. Education Code Sec. 161.04. ANNUAL REPORT. Before October 1 of each year, the Compact for Education Commissioners for Texas shall prepare and file with the presiding officer of each house of the legislature a complete and detailed report relating to the compact describing the activities of and accounting for all funds received and disbursed by the commissioners in the preceding fiscal year. The report must be included as a part of the annual financial report of the governor's office.

Chapter 162

  1. Tex. Education Code Sec. 162.001. DEFINITIONS. In this chapter:

  2. ARTICLE I. PURPOSE

  3. ARTICLE II. DEFINITIONS

  4. ARTICLE III. APPLICABILITY

  5. ARTICLE IV. EDUCATIONAL RECORDS AND ENROLLMENT

  6. ARTICLE IX. INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN

  7. ARTICLE V. PLACEMENT AND ATTENDANCE

  8. ARTICLE VI. ELIGIBILITY

  9. ARTICLE VII. GRADUATION

  10. ARTICLE VIII. STATE COORDINATION

  11. ARTICLE X. POWERS AND DUTIES OF THE INTERSTATE COMMISSION

  12. ARTICLE XI. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

  13. ARTICLE XII. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

  14. ARTICLE XIII. OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION

  15. ARTICLE XIV. FINANCING OF THE INTERSTATE COMMISSION

  16. ARTICLE XV. MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT

  17. ARTICLE XVI. WITHDRAWAL AND DISSOLUTION

  18. ARTICLE XVII. SEVERABILITY AND CONSTRUCTION

  19. ARTICLE XVIII. BINDING EFFECT OF COMPACT AND OTHER LAWS

  20. Tex. Education Code Sec. 162.002. EXECUTION OF COMPACT. This state enacts the Interstate Compact on Educational Opportunity for Military Children and enters into the compact with all other states legally joining in the compact in substantially the following form:

  21. Tex. Education Code Sec. 162.003. EFFECT ON TEXAS LAWS. If the laws of this state conflict with the compact or a rule adopted under that compact, the compact or rule controls, except that if a conflict exists between the compact or rule and the Texas Constitution, as determined by the courts of this state, the Texas Constitution controls.

  22. Tex. Education Code Sec. 162.004. COMPACT COMMISSIONER.

  23. Tex. Education Code Sec. 162.006. STATE ADVISORY COUNCIL AND COORDINATION.

Election

Chapter 1

  1. Tex. Election Code Sec. 1.001. SHORT TITLE. This code may be cited as the Election Code.

  2. Tex. Election Code Sec. 1.0015. LEGISLATIVE INTENT. It is the intent of the legislature that the application of this code and the conduct of elections be uniform and consistent throughout this state to reduce the likelihood of fraud in the conduct of elections, protect the secrecy of the ballot, promote voter access, and ensure that all legally cast ballots are counted.

  3. Tex. Election Code Sec. 1.002. APPLICABILITY OF CODE.

  4. Tex. Election Code Sec. 1.003. CONSTRUCTION OF CODE.

  5. Tex. Election Code Sec. 1.004. INTERNAL REFERENCES. In this code:

  6. Tex. Election Code Sec. 1.005. DEFINITIONS. In this code:

  7. Tex. Election Code Sec. 1.006. EFFECT OF WEEKEND OR HOLIDAY.

  8. Tex. Election Code Sec. 1.007. DELIVERING, SUBMITTING, AND FILING DOCUMENTS.

  9. Tex. Election Code Sec. 1.008. TIMELINESS OF ACTION BY MAIL. When this code requires an application, notice, report, or other document or paper to be delivered, submitted, or filed within a specified period or before a specified deadline, a delivery, submission, or filing by first-class United States mail is timely, except as otherwise provided by this code, if:

  10. Tex. Election Code Sec. 1.009. TIME OF RECEIPT OF MAILED DOCUMENT.

  11. Tex. Election Code Sec. 1.010. AVAILABILITY OF OFFICIAL FORMS.

  12. Tex. Election Code Sec. 1.011. SIGNING DOCUMENT BY WITNESS.

  13. Tex. Election Code Sec. 1.012. PUBLIC INSPECTION OF ELECTION RECORDS.

  14. Tex. Election Code Sec. 1.013. DESTRUCTION OF RECORDS. After expiration of the prescribed period for preserving voted ballots, election returns, other election records, or other records that are preserved under this code, the records may be destroyed or otherwise disposed of unless, at the expiration of the preservation period, an election contest or a criminal investigation or proceeding in connection with an election to which the records pertain is pending. In that case, the records shall be preserved until the contest, investigation, or proceeding is completed and the judgment, if any, becomes final.

  15. Tex. Election Code Sec. 1.014. ELECTION EXPENSES.

  16. Tex. Election Code Sec. 1.015. RESIDENCE.

  17. Tex. Election Code Sec. 1.016. OATHS BY ELECTION OFFICERS.

  18. Tex. Election Code Sec. 1.017. INELIGIBILITY NO DEFENSE TO PROSECUTION. It is no defense to prosecution under this code that a person who receives an official ballot is ineligible to vote in the election for which the ballot is received.

  19. Tex. Election Code Sec. 1.018. APPLICABILITY OF PENAL CODE. In addition to Section 1.03, Penal Code, and to other titles of the Penal Code that may apply to this code, Titles 2 and 4, Penal Code, apply to offenses prescribed by this code.

  20. Tex. Election Code Sec. 1.019. REQUIRED EVIDENCE OR TESTIMONY.

  21. Tex. Election Code Sec. 1.020. VOTING DISABILITY OR CANDIDACY DISQUALIFICATION: DETERMINATION OF MENTAL INCAPACITY.

  22. Tex. Election Code Sec. 1.021. NOTICE OF POLLING PLACE LOCATION. When this code requires notice of a polling place location, the written notice must state the building name, if any, and the street address, including the suite or room number, if any, of the polling place.

  23. Tex. Election Code Sec. 1.022. REASONABLE ACCOMMODATION OR MODIFICATION. A provision of this code may not be interpreted to prohibit or limit the right of a qualified individual with a disability from requesting a reasonable accommodation or modification to any election standard, practice, or procedure mandated by law or rule that the individual is entitled to request under federal or state law.

Chapter 2

  1. Tex. Election Code Sec. 2.001. PLURALITY VOTE REQUIRED. Except as otherwise provided by law, to be elected to a public office, a candidate must receive more votes than any other candidate for the office.

  2. Tex. Election Code Sec. 2.002. TIE VOTE.

  3. Tex. Election Code Sec. 2.021. RUNOFF ELECTION REQUIRED. If no candidate for a particular office receives the vote necessary to be elected in an election requiring a majority vote, a runoff election for that office is required.

  4. Tex. Election Code Sec. 2.022. CONFLICTS WITH OTHER LAW.

  5. Tex. Election Code Sec. 2.023. RUNOFF CANDIDATES.

  6. Tex. Election Code Sec. 2.024. ORDERING RUNOFF. Not later than the fifth day after the date the final canvass of the main election is completed, the authority responsible for ordering the main election shall order the runoff election.

  7. Tex. Election Code Sec. 2.025. RUNOFF ELECTION DAY.

  8. Tex. Election Code Sec. 2.026. NOTICE OF RUNOFF. Notice of a runoff election shall be given in accordance with Chapter 4 except that a notice under Section 4.003(a)(2) or

  9. Tex. Election Code Sec. 2.027. CERTIFICATION OF RUNOFF CANDIDATES. The presiding officer of the final canvassing authority shall certify in writing for placement on a runoff election ballot the names of the runoff candidates and shall deliver the certification to the authority responsible for having the official ballot prepared.

  10. Tex. Election Code Sec. 2.028. TIE VOTE IN RUNOFF.

  11. Tex. Election Code Sec. 2.051. APPLICABILITY OF SUBCHAPTER.

  12. Tex. Election Code Sec. 2.052. CERTIFICATION OF UNOPPOSED STATUS.

  13. Tex. Election Code Sec. 2.053. ACTION ON CERTIFICATION.

  14. Tex. Election Code Sec. 2.055. SPECIAL ELECTION TO FILL VACANCY IN LEGISLATURE.

  15. Tex. Election Code Sec. 2.081. CANCELLATION OF MEASURE.

  16. Tex. Election Code Sec. 2.082. SPECIFIC AUTHORITY FOR CANCELLATION REQUIRED. An authority that orders an election may cancel the election only if the power to cancel the election is specifically provided by statute.

Chapter 3

  1. Tex. Election Code Sec. 3.001. ORDER REQUIRED. Each general and special election shall be ordered as provided by this chapter.

  2. Tex. Election Code Sec. 3.002. CONFLICTS WITH OTHER LAW. A law outside this chapter supersedes this chapter to the extent of any conflict.

  3. Tex. Election Code Sec. 3.003. ELECTION ORDERED BY GOVERNOR.

  4. Tex. Election Code Sec. 3.004. ELECTION OF POLITICAL SUBDIVISION.

  5. Tex. Election Code Sec. 3.005. TIME FOR ORDERING ELECTION.

  6. Tex. Election Code Sec. 3.006. CONTENTS OF ELECTION ORDER. In addition to any other elements required to be included in an election order by other law, each election order must state the date of the election and the offices or measures to be voted on at the election.

  7. Tex. Election Code Sec. 3.007. FAILURE TO ORDER GENERAL ELECTION. Failure to order a general election does not affect the validity of the election.

  8. Tex. Election Code Sec. 3.008. PRESERVATION OF ELECTION ORDER.

  9. Tex. Election Code Sec. 3.009. CONTENTS OF DEBT OBLIGATION ELECTION ORDER.

Chapter 4

  1. Tex. Election Code Sec. 4.001. NOTICE REQUIRED. Notice of each general and special election shall be given as provided by this chapter.

  2. Tex. Election Code Sec. 4.002. AUTHORITY RESPONSIBLE FOR GIVING NOTICE. Except as otherwise provided by law, the following authority shall give notice of an election:

  3. Tex. Election Code Sec. 4.003. METHOD OF GIVING NOTICE.

  4. Tex. Election Code Sec. 4.004. CONTENTS OF NOTICE.

  5. Tex. Election Code Sec. 4.005. RECORD OF NOTICE.

  6. Tex. Election Code Sec. 4.006. FAILURE TO GIVE NOTICE OF GENERAL ELECTION. Failure to give notice of a general election does not affect the validity of the election.

  7. Tex. Election Code Sec. 4.007. NOTICE TO ELECTION JUDGE. Not later than the 15th day before election day or the seventh day after the date the election is ordered, whichever is later, the authority responsible for giving notice of the election shall deliver to the presiding judge of each election precinct in which the election is to be held in the authority's jurisdiction a written notice of:

  8. Tex. Election Code Sec. 4.008. NOTICE TO COUNTY CLERK.

  9. Tex. Election Code Sec. 4.009. INTERNET POSTING.

Chapter 11

  1. Tex. Election Code Sec. 11.001. ELIGIBILITY TO VOTE.

  2. Tex. Election Code Sec. 11.002. QUALIFIED VOTER.

  3. Tex. Election Code Sec. 11.003. PLACE FOR VOTING. Except as otherwise provided by this code, a person may vote only in the election precinct in which the person resides.

  4. Tex. Election Code Sec. 11.004. VOTING IN PRECINCT OF FORMER RESIDENCE. A registered voter who changes residence to another election precinct in the same county, if otherwise eligible, may vote a full ballot in the election precinct of former residence until the voter's registration becomes effective in the new precinct if the voter satisfies the residence requirements prescribed by Section 63.0011 and submits a statement of residence in accordance with that section.

  5. Tex. Election Code Sec. 11.005. EFFECT OF VOTE BY VOTER REGISTERED IN WRONG PRECINCT. If a voter who is erroneously registered in an election precinct in which the voter does not reside is permitted to vote by an election officer who does not know of the erroneous registration, the votes for the offices and measures on which the voter would have been eligible to vote in the voter's precinct of residence are valid unless the voter intentionally gave false information to procure the erroneous registration.

Chapter 12

  1. Tex. Election Code Sec. 12.001. DESIGNATION OF VOTER REGISTRAR. The county tax assessor-collector is the voter registrar for the county unless the position of county elections administrator is created or the county clerk is designated as the voter registrar.

  2. Tex. Election Code Sec. 12.002. ADMINISTRATION OF OATHS. The registrar may administer and certify an oath under the seal of office if the oath is required in connection with the registrar's responsibilities under this code.

  3. Tex. Election Code Sec. 12.003. FEES PROHIBITED. The registrar may not charge a fee for performing a function in connection with voter registration unless expressly authorized to do so by law.

  4. Tex. Election Code Sec. 12.004. OFFICE HOURS.

  5. Tex. Election Code Sec. 12.005. BRANCH OFFICES. The registrar may establish one or more branch offices in the county to conduct voter registration activities for the convenience of persons desiring to register. A branch office may be temporary or permanent.

  6. Tex. Election Code Sec. 12.006. REGULAR DEPUTY REGISTRARS.

  7. Tex. Election Code Sec. 12.007. FAILURE BY REGISTRAR TO TIMELY PERFORM DUTY.

  8. Tex. Election Code Sec. 12.031. DESIGNATION OF COUNTY CLERK AS VOTER REGISTRAR. The commissioners court by written order may designate the county clerk as the voter registrar for the county if the county clerk and county tax assessor-collector agree to the designation.

  9. Tex. Election Code Sec. 12.032. DESIGNATION ORDER.

  10. Tex. Election Code Sec. 12.033. APPROPRIATION BY COMMISSIONERS COURT. The amount initially appropriated by the commissioners court for the voter registration activities of the county clerk may not be less than the amount last appropriated to the county's voter registrar for the same purpose.

  11. Tex. Election Code Sec. 12.034. RESCISSION OF DESIGNATION ORDER.

Chapter 13

  1. Tex. Election Code Sec. 13.001. ELIGIBILITY FOR REGISTRATION.

  2. Tex. Election Code Sec. 13.002. APPLICATION REQUIRED.

  3. Tex. Election Code Sec. 13.0021. ADDITIONAL REGISTRATION INFORMATION FROM CERTAIN FEDERAL AND STATE JUDGES, FEDERAL OFFICIALS, CLERKS, GOVERNMENTAL EMPLOYEES, INCLUDING MUNICIPAL COURT PERSONNEL, AND FAMILY MEMBERS.

  4. Tex. Election Code Sec. 13.003. APPLICATION BY AGENT.

  5. Tex. Election Code Sec. 13.004. RECORDING AND DISCLOSURE OF CERTAIN INFORMATION BY REGISTRAR.

  6. Tex. Election Code Sec. 13.005. UNLAWFULLY ACTING AS AGENT.

  7. Tex. Election Code Sec. 13.006. PURPORTEDLY ACTING AS AGENT.

  8. Tex. Election Code Sec. 13.007. FALSE STATEMENT ON APPLICATION.

  9. Tex. Election Code Sec. 13.008. PERFORMANCE-BASED COMPENSATION FOR REGISTERING VOTERS PROHIBITED.

  10. Tex. Election Code Sec. 13.031. APPOINTMENT; TERM.

  11. Tex. Election Code Sec. 13.032. PROHIBITION ON REFUSING TO APPOINT. A registrar may not refuse to appoint as a volunteer deputy registrar:

  12. Tex. Election Code Sec. 13.033. CERTIFICATE OF APPOINTMENT.

  13. Tex. Election Code Sec. 13.034. ACTIVE APPOINTMENT FILE.

  14. Tex. Election Code Sec. 13.035. INACTIVE APPOINTMENT FILE.

  15. Tex. Election Code Sec. 13.036. TERMINATION OF APPOINTMENT.

  16. Tex. Election Code Sec. 13.037. COMPENSATION; BOND.

  17. Tex. Election Code Sec. 13.038. POWERS GENERALLY. A volunteer deputy registrar may distribute voter registration application forms throughout the county and receive registration applications submitted to the deputy in person.

  18. Tex. Election Code Sec. 13.039. REVIEW OF APPLICATION.

  19. Tex. Election Code Sec. 13.040. ISSUANCE OF RECEIPT.

  20. Tex. Election Code Sec. 13.041. EFFECT OF SUBMISSION OF APPLICATION. The date of submission of a completed registration application to a volunteer deputy registrar is considered to be the date of submission to the registrar for the purpose of determining the effective date of registration only.

  21. Tex. Election Code Sec. 13.042. DELIVERY OF APPLICATION TO REGISTRAR.

  22. Tex. Election Code Sec. 13.043. FAILURE TO DELIVER APPLICATION.

  23. Tex. Election Code Sec. 13.044. PURPORTEDLY ACTING AS VOLUNTEER DEPUTY REGISTRAR.

  24. Tex. Election Code Sec. 13.045. ACTIVITY ON GOVERNMENTAL PREMISES. Except as otherwise provided by law, the chief executive of a state agency with approval of the agency's governing body, if any, the chief executive of a department of a city with approval of the city's governing body, or a county officer may permit an officer or employee under the chief executive's or officer's supervision who is a volunteer deputy registrar to engage in official registration activities during working hours on the premises under the chief executive's or officer's control.

  25. Tex. Election Code Sec. 13.046. HIGH SCHOOL DEPUTY REGISTRARS.

  26. Tex. Election Code Sec. 13.047. TRAINING STANDARDS FOR DEPUTY REGISTRARS.

  27. Tex. Election Code Sec. 13.048. OPTIONAL PROCEDURE FOR APPOINTMENT OF VOLUNTEER DEPUTY REGISTRAR; PROVISION OF TRAINING MATERIALS ON SECRETARY OF STATE WEBSITE.

  28. Tex. Election Code Sec. 13.071. REVIEW OF APPLICATION.

  29. Tex. Election Code Sec. 13.072. ACTION ON APPLICATION.

  30. Tex. Election Code Sec. 13.073. NOTICE OF REJECTION.

  31. Tex. Election Code Sec. 13.074. CHALLENGE OF APPLICANT.

  32. Tex. Election Code Sec. 13.075. NOTICE OF CHALLENGE TO APPLICANT.

  33. Tex. Election Code Sec. 13.076. REQUEST FOR HEARING ON CHALLENGE.

  34. Tex. Election Code Sec. 13.077. HEARING ON CHALLENGE.

  35. Tex. Election Code Sec. 13.078. NOTICE OF HEARING.

  36. Tex. Election Code Sec. 13.079. DETERMINATION OF CHALLENGE.

  37. Tex. Election Code Sec. 13.080. RECORDING REJECTION. On rejection of an applicant's registration application, the registrar shall enter the date of and reason for the rejection on the application.

  38. Tex. Election Code Sec. 13.101. ACTIVE APPLICATION FILE.

  39. Tex. Election Code Sec. 13.102. INACTIVE APPLICATION FILE.

  40. Tex. Election Code Sec. 13.103. PLACE FOR KEEPING FILES; SECURITY.

  41. Tex. Election Code Sec. 13.104. OPTIONAL STORAGE METHOD.

  42. Tex. Election Code Sec. 13.121. OFFICIAL FORM FOR REGISTRATION BY MAIL.

  43. Tex. Election Code Sec. 13.122. ADDITIONAL ELEMENTS ON OFFICIAL FORM.

  44. Tex. Election Code Sec. 13.141. REGISTRATION NUMBER. The secretary of state shall prescribe a uniform system for assigning voter registration numbers.

  45. Tex. Election Code Sec. 13.142. INITIAL REGISTRATION CERTIFICATE.

  46. Tex. Election Code Sec. 13.143. EFFECTIVE DATE OF REGISTRATION; PERIOD OF EFFECTIVENESS.

  47. Tex. Election Code Sec. 13.144. DELIVERY OF INITIAL CERTIFICATE TO VOTER.

  48. Tex. Election Code Sec. 13.145. UNLAWFUL DELIVERY OF CERTIFICATE.

  49. Tex. Election Code Sec. 13.146. CONFIRMATION NOTICE ON RETURN OF INITIAL CERTIFICATE.

Chapter 14

  1. Tex. Election Code Sec. 14.001. RENEWAL REGISTRATION CERTIFICATE.

  2. Tex. Election Code Sec. 14.002. DELIVERY OF RENEWAL CERTIFICATE TO VOTER.

  3. Tex. Election Code Sec. 14.021. DISPOSITION OF RETURNED RENEWAL CERTIFICATE. On the return to the registrar of an undelivered renewal certificate that was mailed to a voter, the registrar shall file the certificate with the voter's registration application and, not later than January 2 following the mailing of certificates, enter the voter's name on the suspense list.

  4. Tex. Election Code Sec. 14.022. ERRONEOUS RETURN OF RENEWAL CERTIFICATE. If the registrar determines that a voter's renewal certificate was returned undelivered solely because of postal service error, address reclassification, or the registrar's clerical error, the registrar shall delete the voter's name from the suspense list, make any other appropriate corrections in the registration records, and deliver the certificate to the voter.

  5. Tex. Election Code Sec. 14.023. CONFIRMATION NOTICE AFTER RETURN OF RENEWAL CERTIFICATE.

Chapter 15

  1. Tex. Election Code Sec. 15.001. REQUIRED CONTENTS.

  2. Tex. Election Code Sec. 15.002. OPTIONAL CONTENTS.

  3. Tex. Election Code Sec. 15.003. SIGNING CERTIFICATE BY VOTER.

  4. Tex. Election Code Sec. 15.004. REPLACEMENT CERTIFICATE.

  5. Tex. Election Code Sec. 15.005. NOTICE OF IDENTIFICATION REQUIREMENTS.

  6. Tex. Election Code Sec. 15.021. NOTICE OF CHANGE IN REGISTRATION INFORMATION BY VOTER.

  7. Tex. Election Code Sec. 15.0215. OMISSION OF ADDRESS FOR FEDERAL OR STATE JUDGE, FEDERAL OFFICIAL, AND FAMILY MEMBER.

  8. Tex. Election Code Sec. 15.022. CORRECTION OF REGISTRATION RECORDS.

  9. Tex. Election Code Sec. 15.023. TIME FOR CERTAIN DELETIONS FROM SUSPENSE LIST. If the name of a voter on the list of registered voters appears on the suspense list, the voter's name shall be deleted from the list on the date the voter provides:

  10. Tex. Election Code Sec. 15.024. CORRECTED REGISTRATION CERTIFICATE.

  11. Tex. Election Code Sec. 15.025. EFFECTIVE DATE OF CERTAIN CHANGES IN REGISTRATION INFORMATION.

  12. Tex. Election Code Sec. 15.027. NOTICE TO VOTER OF PRECINCT BOUNDARY CHANGE.

  13. Tex. Election Code Sec. 15.028. NOTICE OF UNLAWFUL VOTING OR REGISTRATION. If the registrar determines that a person who is not eligible to vote registered to vote or voted in an election, the registrar shall, within 72 hours not including weekends after making the determination, execute and deliver to the attorney general, the secretary of state, and the county or district attorney having jurisdiction in the territory covered by the election an affidavit stating the relevant facts.

  14. Tex. Election Code Sec. 15.051. CONFIRMATION NOTICE.

  15. Tex. Election Code Sec. 15.052. OFFICIAL CONFIRMATION NOTICE AND CONFIRMATION NOTICE RESPONSE FORMS.

  16. Tex. Election Code Sec. 15.053. RESPONSE TO CONFIRMATION NOTICE.

  17. Tex. Election Code Sec. 15.054. DOCUMENTATION OF RESIDENCE FOR PURPOSES OF CONFIRMATION NOTICE RESPONSE.

  18. Tex. Election Code Sec. 15.081. SUSPENSE LIST.

  19. Tex. Election Code Sec. 15.082. AVAILABILITY OF REGISTRAR'S LIST.

  20. Tex. Election Code Sec. 15.083. DELIVERY OF LIST TO SECRETARY OF STATE.

  21. Tex. Election Code Sec. 15.084. AVAILABILITY OF SECRETARY OF STATE'S LIST.

  22. Tex. Election Code Sec. 15.085. UNLAWFUL USE OF INFORMATION ON SUSPENSE LISTS.

  23. Tex. Election Code Sec. 15.086. INTERNET ACCESS TO SUSPENSE INFORMATION. Any Internet website maintained by the secretary of state that permits a person to determine the person's voter registration status shall, to the extent practicable, indicate if the person is or may be on the suspense list.

  24. Tex. Election Code Sec. 15.111. NOTATION ON LIST OF REGISTERED VOTERS.

  25. Tex. Election Code Sec. 15.112. AUTHORIZATION TO VOTE ON STATEMENT. In an election held on or after the date the voter's name is entered on the suspense list and before November 30 following the second general election for state and county officers that occurs after the beginning of the period, a voter whose name appears on a precinct list of registered voters with the notation "S", or a similar notation, may vote in the election precinct in which the list is used if the voter satisfies the residence requirements prescribed by Section 63.0011 and submits a statement of residence in accordance with that section.

Chapter 16

  1. Tex. Election Code Sec. 16.001. DEATH.

  2. Tex. Election Code Sec. 16.002. MENTAL INCAPACITY.

  3. Tex. Election Code Sec. 16.003. FELONY CONVICTION. Each weekday the Department of Public Safety is regularly open for business, the department shall:

  4. Tex. Election Code Sec. 16.004. DISQUALIFICATION IN ELECTION CONTEST. Not later than the 10th day after the date a judgment in an election contest in which a person is adjudged not to be a qualified voter becomes final, the district clerk shall prepare an abstract of the judgment, which shall include each disqualified person's name, and file it with the voter registrar of each county in which a person adjudged disqualified was registered on the date of the contested election.

  5. Tex. Election Code Sec. 16.005. PRESERVATION OF ABSTRACT. If an abstract received under this subchapter affects a registered voter of the county, the registrar shall retain a copy of the abstract on file with the affected voter's registration application.

  6. Tex. Election Code Sec. 16.031. CANCELLATION ON OFFICIAL NOTICE OF INELIGIBILITY.

  7. Tex. Election Code Sec. 16.032. CANCELLATION FOLLOWING END OF SUSPENSE LIST PERIOD. If on November 30 following the second general election for state and county officers that occurs after the date the voter's name is entered on the suspense list a registered voter's name appears on the suspense list, the registrar shall cancel the voter's registration unless the name is to be deleted from the list under Section 15.022 or 15.023.

  8. Tex. Election Code Sec. 16.033. CANCELLATION FOLLOWING INVESTIGATION BY REGISTRAR.

  9. Tex. Election Code Sec. 16.0331. CANCELLATION ON REQUEST BY VOTER.

  10. Tex. Election Code Sec. 16.0332. CANCELLATION BECAUSE OF CITIZENSHIP STATUS.

  11. Tex. Election Code Sec. 16.034. RECORDING CANCELLATION. On cancellation of a voter's registration, the registrar shall enter the date of and reason for the cancellation on the voter's registration application and duplicate registration certificate and make any other appropriate corrections in the registration records.

  12. Tex. Election Code Sec. 16.035. EFFECTIVE DATE OF CANCELLATION. A cancellation of a voter's registration takes effect immediately.

  13. Tex. Election Code Sec. 16.036. NOTICE OF CANCELLATION TO VOTER.

  14. Tex. Election Code Sec. 16.037. REINSTATEMENT OF REGISTRATION.

  15. Tex. Election Code Sec. 16.038. NOTICE OF REINSTATEMENT TO VOTER.

  16. Tex. Election Code Sec. 16.061. RIGHT TO CHALLENGE CANCELLATION. A person whose voter registration is canceled may challenge the cancellation at a hearing before the registrar.

  17. Tex. Election Code Sec. 16.062. REQUEST FOR HEARING ON CHALLENGE. A person desiring to challenge the cancellation of the person's registration must file with the registrar a written, signed request for a hearing on the challenge.

  18. Tex. Election Code Sec. 16.063. REINSTATEMENT PENDING CHALLENGE.

  19. Tex. Election Code Sec. 16.064. HEARING ON CHALLENGE.

  20. Tex. Election Code Sec. 16.065. NOTICE OF HEARING. The registrar shall deliver written notice of the date, hour, and place set for the hearing on the challenge to the challenging voter not later than the second day after the date the hearing request is filed.

  21. Tex. Election Code Sec. 16.066. DETERMINATION OF CHALLENGE.

  22. Tex. Election Code Sec. 16.091. RIGHT TO CHALLENGE REGISTRATION. Except as otherwise provided by this subchapter, a registered voter may challenge the registration of another voter of the same county at a hearing before the registrar.

  23. Tex. Election Code Sec. 16.092. SWORN STATEMENT REQUIRED. A voter desiring to challenge a registration must file with the registrar a sworn statement of the grounds for the challenge that:

  24. Tex. Election Code Sec. 16.0921. CONFIRMATION NOTICE ON CHALLENGE BASED ON RESIDENCE.

  25. Tex. Election Code Sec. 16.093. HEARING ON CHALLENGE.

  26. Tex. Election Code Sec. 16.094. NOTICE OF HEARING.

  27. Tex. Election Code Sec. 16.095. DETERMINATION OF CHALLENGE.

Chapter 17

  1. Tex. Election Code Sec. 17.001. RIGHT OF APPEAL BY APPLICANT FOR REGISTRATION. An applicant for voter registration is entitled to appeal an adverse decision issued by the registrar under Section 13.079.

  2. Tex. Election Code Sec. 17.002. RIGHT OF APPEAL BY REGISTERED VOTER. A party to a challenge under Subchapter C or D of Chapter 16 is entitled to appeal an adverse decision issued by the registrar.

  3. Tex. Election Code Sec. 17.003. PETITION FOR REVIEW.

  4. Tex. Election Code Sec. 17.004. COPY FILED WITH REGISTRAR.

  5. Tex. Election Code Sec. 17.005. CANCELLATION DELAYED PENDING APPEAL. If a voter's registration is to be canceled following a decision from which an appeal is taken, the registrar shall delay canceling the registration, pending the outcome of the appeal, on the timely delivery of the copy of the petition for review.

  6. Tex. Election Code Sec. 17.006. VENUE. Venue of an appeal under this chapter is in the county served by the registrar who issued the decision from which the appeal is taken.

  7. Tex. Election Code Sec. 17.007. SCOPE OF REVIEW.

  8. Tex. Election Code Sec. 17.008. DECISION NOT APPEALABLE. A decision of the district court under this chapter is not appealable.

Chapter 18

  1. Tex. Election Code Sec. 18.001. ORIGINAL LIST OF REGISTERED VOTERS.

  2. Tex. Election Code Sec. 18.002. SUPPLEMENTAL LIST OF REGISTERED VOTERS.

  3. Tex. Election Code Sec. 18.003. REGISTRATION CORRECTION LIST.

  4. Tex. Election Code Sec. 18.004. REVISED ORIGINAL LIST.

  5. Tex. Election Code Sec. 18.005. FORM AND CONTENTS OF LIST.

  6. Tex. Election Code Sec. 18.006. DELIVERY OF LISTS TO ELECTION AUTHORITIES. The registrar shall deliver the lists furnished under this subchapter, including the lists furnished under Section 18.007, to the appropriate authority as soon as practicable after the request but in every case in time for receipt before the beginning of early voting by mail for the election in which the lists are to be used. If those lists do not contain the names of all voters who will be eligible to vote as of the beginning of early voting by personal appearance, another set of the appropriate lists shall be delivered before the beginning of early voting by personal appearance. If those lists do not contain the names of all voters whose registrations will be effective on election day, another set of the appropriate lists shall be delivered as soon as practicable after the registrar has processed the remaining applications.

  7. Tex. Election Code Sec. 18.007. LISTS FURNISHED FOR PRECINCT CONVENTIONS. In a voting year in which a political party holds precinct conventions in the county under Title 10, the registrar, on request of the party's county chair, shall furnish to the chair for use in qualifying individuals for participation in the conventions one of each of the original, supplemental, and correction lists prescribed by this subchapter.

  8. Tex. Election Code Sec. 18.008. COPIES FURNISHED ON REQUEST.

  9. Tex. Election Code Sec. 18.009. UNLAWFUL USE OF INFORMATION ON REGISTRATION LIST.

  10. Tex. Election Code Sec. 18.010. FEES.

  11. Tex. Election Code Sec. 18.011. FILE OF LISTS FOR COUNTYWIDE ELECTION.

  12. Tex. Election Code Sec. 18.012. SECRETARY OF STATE TO APPROVE COMPUTER SERVICES CONTRACTS.

  13. Tex. Election Code Sec. 18.0121. CONTRACT TO INVESTIGATE VOTER ELIGIBILITY. A list of potentially ineligible voters produced for a county by a private business entity may not be made available to the public or otherwise used by the registrar unless the registrar has verified the accuracy of the information on the list through available public records.

  14. Tex. Election Code Sec. 18.013. POLITICAL SUBDIVISION LIST IN CERTAIN COUNTIES.

  15. Tex. Election Code Sec. 18.043. STATEMENT REQUIRED UNDER FEDERAL LAW.

  16. Tex. Election Code Sec. 18.061. STATEWIDE COMPUTERIZED VOTER REGISTRATION LIST.

  17. Tex. Election Code Sec. 18.062. INTERSTATE VOTER REGISTRATION CROSSCHECK PROGRAM.

  18. Tex. Election Code Sec. 18.0625. USE OF DRIVER'S LICENSE DATA.

  19. Tex. Election Code Sec. 18.064. SANCTION FOR NONCOMPLIANCE. If a registrar fails to substantially comply with Section 15.083, 16.032, or 18.061 or with rules adopted by the secretary of state implementing the statewide computerized voter registration list, the registrar is not entitled to receive state funds for financing voter registration in the county.

  20. Tex. Election Code Sec. 18.065. SECRETARY OF STATE TO MONITOR REGISTRAR'S COMPLIANCE.

  21. Tex. Election Code Sec. 18.066. AVAILABILITY OF STATEWIDE COMPUTERIZED VOTER REGISTRATION LIST INFORMATION.

  22. Tex. Election Code Sec. 18.067. UNLAWFUL USE OF STATEWIDE COMPUTERIZED VOTER REGISTRATION LIST.

  23. Tex. Election Code Sec. 18.068. COMPARISON OF INFORMATION REGARDING INELIGIBILITY.

  24. Tex. Election Code Sec. 18.0681. SECRETARY OF STATE AUTHORITY TO ELIMINATE DUPLICATE REGISTRATION RECORDS.

  25. Tex. Election Code Sec. 18.069. VOTING HISTORY. Not later than the 30th day after the date of the primary, runoff primary, or general election or any special election ordered by the governor, the general custodian of election records shall electronically submit to the secretary of state the record of each voter participating in the election. The record must include a notation of whether the voter voted on election day, voted early by personal appearance, voted early by mail under Chapter 86, or voted early by mail under Chapter 101.

Chapter 19

  1. Tex. Election Code Sec. 19.001. STATEMENT OF REGISTRATIONS SUBMITTED TO SECRETARY OF STATE.

  2. Tex. Election Code Sec. 19.002. PAYMENTS.

  3. Tex. Election Code Sec. 19.0025. ELECTRONIC ADMINISTRATION OF VOUCHERS AND PAYMENTS.

  4. Tex. Election Code Sec. 19.003. DISBURSEMENT OF STATE FUNDS. Only funds from the General Revenue Fund may be appropriated for the disbursements required by this chapter.

  5. Tex. Election Code Sec. 19.004. USE OF STATE FUNDS RESTRICTED.

  6. Tex. Election Code Sec. 19.005. STATE FUNDS NOT FEES OF OFFICE. State funds disbursed under this chapter are not and may not be treated as fees of office.

  7. Tex. Election Code Sec. 19.006. STATE FUNDS NOT PART OF COUNTY BUDGET. The commissioners court may not consider the availability of state funds under this chapter in adopting the county budget for the office of the voter registrar.

Chapter 20

  1. Tex. Election Code Sec. 20.001. DESIGNATION OF VOTER REGISTRATION AGENCIES.

  2. Tex. Election Code Sec. 20.002. AGENCY-PRESCRIBED REGISTRATION APPLICATION FORM. Instead of using the official voter registration application form prescribed by the secretary of state, a voter registration agency may use an official form prescribed by the agency, if approved by the secretary of state.

  3. Tex. Election Code Sec. 20.003. OFFICIAL DECLINATION OF REGISTRATION FORM. The officially prescribed form for a declination of a voter registration must include:

  4. Tex. Election Code Sec. 20.004. AGENCY COORDINATOR.

  5. Tex. Election Code Sec. 20.005. DEGREE OF ASSISTANCE. A voter registration agency shall provide the same degree of assistance, including any necessary bilingual assistance, to a person in completing a voter registration form as is provided to a person in completing the agency's forms, unless the assistance is refused.

  6. Tex. Election Code Sec. 20.006. DETERMINATION OF ELIGIBILITY.

  7. Tex. Election Code Sec. 20.007. PROHIBITED ACTS. An employee of a voter registration agency may not:

  8. Tex. Election Code Sec. 20.008. ASSISTANCE BY SECRETARY OF STATE OR REGISTRAR. If a question arises concerning voter registration that an agency employee cannot answer, the employee shall provide the person:

  9. Tex. Election Code Sec. 20.009. ADDITIONAL PROCEDURES. The secretary of state shall prescribe any additional procedures necessary for the orderly and proper administration of voter registration procedures under this chapter.

  10. Tex. Election Code Sec. 20.031. FORM PROVIDED. A voter registration agency shall provide a voter registration application form to each person who is of voting age and a United States citizen in connection with the person's application for initial services, and also in connection with any recertification, renewal, or change of address, unless the person declines in writing to register to vote.

  11. Tex. Election Code Sec. 20.032. REGISTRATION PROCEDURES.

  12. Tex. Election Code Sec. 20.033. EFFECT OF SUBMISSION OF APPLICATION TO EMPLOYEE. The date of submission of a completed registration application to the agency employee is considered to be the date of submission to the voter registrar for the purpose of determining the effective date of registration only.

  13. Tex. Election Code Sec. 20.034. SUBMISSION TO REGISTRAR BY APPLICANT.

  14. Tex. Election Code Sec. 20.035. DELIVERY OF APPLICATIONS TO REGISTRAR.

  15. Tex. Election Code Sec. 20.036. DECLINATION OF REGISTRATION.

  16. Tex. Election Code Sec. 20.037. TELEPHONE OR MAIL SERVICES.

  17. Tex. Election Code Sec. 20.061. APPLICABILITY OF OTHER PROVISIONS. The other provisions of this chapter apply to the Department of Public Safety except provisions that conflict with this subchapter.

  18. Tex. Election Code Sec. 20.062. DEPARTMENT FORMS AND PROCEDURE.

  19. Tex. Election Code Sec. 20.063. REGISTRATION PROCEDURES.

  20. Tex. Election Code Sec. 20.064. DECLINATION FORM NOT REQUIRED. The Department of Public Safety is not required to comply with the procedures prescribed by this chapter relating to the form for a declination of voter registration.

  21. Tex. Election Code Sec. 20.065. DELIVERY OF APPLICATIONS AND CHANGES OF ADDRESS.

  22. Tex. Election Code Sec. 20.066. REGISTRATION PROCEDURES.

  23. Tex. Election Code Sec. 20.091. APPLICABILITY OF OTHER PROVISIONS. The other provisions of this chapter apply to a public library except provisions that conflict with this subchapter.

  24. Tex. Election Code Sec. 20.092. REGISTRATION PROCEDURE.

  25. Tex. Election Code Sec. 20.093. DECLINATION FORM NOT REQUIRED. A public library is not required to comply with the procedures prescribed by this chapter relating to the form for a declination of voter registration.

  26. Tex. Election Code Sec. 20.121. APPLICABILITY OF OTHER PROVISIONS. The other provisions of this chapter do not apply to a marriage license office of the county clerk unless expressly provided otherwise by the other provision or by rule of the secretary of state.

  27. Tex. Election Code Sec. 20.122. REGISTRATION PROCEDURES.

  28. Tex. Election Code Sec. 20.123. DECLINATION FORM NOT REQUIRED. The county clerk is not required to comply with the procedures prescribed by this chapter relating to the form for a declination of voter registration.

Chapter 31

  1. Tex. Election Code Sec. 31.001. CHIEF ELECTION OFFICER.

  2. Tex. Election Code Sec. 31.002. OFFICIAL FORMS.

  3. Tex. Election Code Sec. 31.0021. CERTAIN OFFICIAL FORMS: INCLUSION OF NEPOTISM INFORMATION.

  4. Tex. Election Code Sec. 31.003. UNIFORMITY. The secretary of state shall obtain and maintain uniformity in the application, operation, and interpretation of this code and of the election laws outside this code. In performing this duty, the secretary shall prepare detailed and comprehensive written directives and instructions relating to and based on this code and the election laws outside this code. The secretary shall distribute these materials to the appropriate state and local authorities having duties in the administration of these laws.

  5. Tex. Election Code Sec. 31.004. ASSISTANCE AND ADVICE.

  6. Tex. Election Code Sec. 31.005. PROTECTION OF VOTING RIGHTS; ENFORCEMENT.

  7. Tex. Election Code Sec. 31.0055. VOTING RIGHTS HOTLINE.

  8. Tex. Election Code Sec. 31.006. REFERRAL TO ATTORNEY GENERAL.

  9. Tex. Election Code Sec. 31.007. SUSPENSION OF PROVISIONS IMPLEMENTING NATIONAL VOTER REGISTRATION ACT.

  10. Tex. Election Code Sec. 31.008. COLLECTION OF INFORMATION: FORUM ON ELECTION COST SAVINGS.

  11. Tex. Election Code Sec. 31.009. DISTRIBUTION OF CERTAIN FUNDS.

  12. Tex. Election Code Sec. 31.010. IMPLEMENTATION OF FEDERAL HELP AMERICA VOTE ACT.

  13. Tex. Election Code Sec. 31.011. ELECTION IMPROVEMENT FUND.

  14. Tex. Election Code Sec. 31.012. VOTER EDUCATION.

  15. Tex. Election Code Sec. 31.013. MOBILE LOCATIONS FOR OBTAINING IDENTIFICATION.

  16. Tex. Election Code Sec. 31.014. CERTIFICATION OF ELECTRONIC DEVICES TO ACCEPT VOTERS.

  17. Tex. Election Code Sec. 31.016. VOTING INFORMATION ON SECRETARY OF STATE'S WEBSITE.

  18. Tex. Election Code Sec. 31.017. IMPLEMENTATION OF ADMINISTRATIVE OVERSIGHT OF COUNTY ELECTION.

  19. Tex. Election Code Sec. 31.018. NOTICE OF COMPLAINT.

  20. Tex. Election Code Sec. 31.019. INVESTIGATION OF COMPLAINT.

  21. Tex. Election Code Sec. 31.020. COUNTY ELECTION OFFICE OVERSIGHT BY SECRETARY.

  22. Tex. Election Code Sec. 31.021. REMOVAL OR TERMINATION OF COUNTY ELECTION OFFICIAL AFTER ADMINISTRATIVE OVERSIGHT.

  23. Tex. Election Code Sec. 31.022. RULES. The secretary of state may adopt rules necessary to implement the administrative oversight of a county as provided under this subchapter.

  24. Tex. Election Code Sec. 31.031. CREATION OF POSITION.

  25. Tex. Election Code Sec. 31.032. APPOINTMENT OF ADMINISTRATOR; COUNTY ELECTION COMMISSION.

  26. Tex. Election Code Sec. 31.033. COMMISSION MEETINGS.

  27. Tex. Election Code Sec. 31.034. ELIGIBILITY. To be eligible for appointment as county elections administrator, a person must be a qualified voter of the state.

  28. Tex. Election Code Sec. 31.035. RESTRICTIONS ON POLITICAL ACTIVITIES.

  29. Tex. Election Code Sec. 31.036. RESIGNATION. The county election commission is the proper authority to receive and act on a resignation from the position of county elections administrator.

  30. Tex. Election Code Sec. 31.037. SUSPENSION OR TERMINATION OF EMPLOYMENT.

  31. Tex. Election Code Sec. 31.038. FILLING VACANCY.

  32. Tex. Election Code Sec. 31.039. SALARY; STAFF; OPERATING EXPENSES.

  33. Tex. Election Code Sec. 31.040. BOND.

  34. Tex. Election Code Sec. 31.041. SEAL. The county elections administrator shall have an official seal, on which shall be inscribed a star with five points surrounded by the words "County Elections Administrator, ____________ County, Texas", for use in certifying documents required to be impressed with the seal of the certifying officer.

  35. Tex. Election Code Sec. 31.042. TRANSFER OF RECORDS. As soon as practicable after the effective date of the creation of the position of county elections administrator, the officer formerly serving as the voter registrar shall transfer to the administrator all records pertaining to voter registration, and the county officer formerly required to conduct elections shall transfer to the administrator all voting equipment and supplies of which the officer has custody and all records in the officer's possession that pertain to an uncompleted election. The commissioners court shall determine which records of prior elections are to be transferred to the administrator and which are to remain with the officer.

  36. Tex. Election Code Sec. 31.043. DUTIES OF ADMINISTRATOR GENERALLY. The county elections administrator shall perform:

  37. Tex. Election Code Sec. 31.044. DIVISION OF CERTAIN DUTIES BETWEEN COUNTY CLERK AND ADMINISTRATOR.

  38. Tex. Election Code Sec. 31.045. CLASSIFICATION OF DUTIES BY SECRETARY OF STATE.

  39. Tex. Election Code Sec. 31.046. MISDIRECTION OF DOCUMENT.

  40. Tex. Election Code Sec. 31.047. ACTION BY WRONG OFFICER. If a statute specifies that an action is to be taken by the county clerk without specifying that it is to be taken by the county elections administrator in a county having that position, an action taken by the county clerk without objection from the administrator has the same legal effect as if taken by the administrator.

  41. Tex. Election Code Sec. 31.048. ABOLISHING POSITION.

  42. Tex. Election Code Sec. 31.049. CRIMINAL PENALTIES. A statute prescribing a criminal penalty against the county clerk or the clerk's deputies or other employees for conduct relating to duties or functions transferred to the county elections administrator applies to the administrator or to the administrator's deputies or employees as appropriate.

  43. Tex. Election Code Sec. 31.050. ABOLISHMENT OF POSITION AND TRANSFER OF DUTIES IN CERTAIN COUNTIES. On September 1, 2023, all powers and duties of the county elections administrator of a county with a population of more than 3.5 million under this subchapter are transferred to the county tax assessor-collector and county clerk. The county tax assessor-collector shall serve as the voter registrar, and the duties and functions of the county clerk that were performed by the administrator revert to the county clerk, unless a transfer of duties and functions occurs under Section 12.031 or 31.071.

  44. Tex. Election Code Sec. 31.071. TRANSFER OF DUTIES.

  45. Tex. Election Code Sec. 31.072. APPLICABILITY OF OTHER SECTIONS. To the extent practicable, Sections 31.043-31.047 and Section 31.049 apply to the transfer of election duties and functions under this subchapter. For this purpose, the references in those sections to the creation of the position of county elections administrator mean the transfer of duties and functions under this subchapter, and the references in those sections to the county elections administrator mean the county tax assessor-collector.

  46. Tex. Election Code Sec. 31.073. TRANSFER OF RECORDS. As soon as practicable after the effective date of a transfer of duties and functions under Section 31.071, the county clerk shall transfer to the county tax assessor-collector all voting equipment and supplies of which the clerk has custody and all records in the clerk's possession that pertain to an uncompleted election. The commissioners court shall determine which records of prior elections are to be transferred to the county tax assessor-collector and which are to remain with the county clerk.

  47. Tex. Election Code Sec. 31.074. APPROPRIATION BY COMMISSIONERS COURT. The amount initially appropriated by the commissioners court for the duties and functions to be performed by the county tax assessor-collector under this subchapter may not be less than the amount last appropriated to the county clerk for the same purpose.

  48. Tex. Election Code Sec. 31.075. GUIDELINES. The secretary of state shall prepare advisory budgetary guidelines for the performance of the duties and functions of the county tax assessor-collector that are consolidated after implementation of this subchapter.

  49. Tex. Election Code Sec. 31.076. RESCISSION OF TRANSFER ORDER.

  50. Tex. Election Code Sec. 31.091. DEFINITIONS. In this subchapter:

  51. Tex. Election Code Sec. 31.092. CONTRACT FOR ELECTION SERVICES AUTHORIZED.

  52. Tex. Election Code Sec. 31.0925. REQUEST FOR SERVICES REQUIRED.

  53. Tex. Election Code Sec. 31.093. DUTY TO CONTRACT.

  54. Tex. Election Code Sec. 31.094. SERVICES PERFORMABLE UNDER CONTRACT. Subject to Sections 31.096 and 31.097, an election services contract may provide for the county election officer to perform or to supervise the performance of any or all of the corresponding duties and functions that the officer performs in connection with a countywide election ordered by a county authority.

  55. Tex. Election Code Sec. 31.095. DELEGATION TO DEPUTIES.

  56. Tex. Election Code Sec. 31.096. NONTRANSFERABLE FUNCTIONS. An election services contract may not change:

  57. Tex. Election Code Sec. 31.097. EARLY VOTING.

  58. Tex. Election Code Sec. 31.098. PAYMENT OF ELECTION EXPENSES.

  59. Tex. Election Code Sec. 31.099. FILING COPIES OF CONTRACT.

  60. Tex. Election Code Sec. 31.100. DISPOSITION OF CONTRACT MONEY; PAYMENT OF CONTRACTING OFFICER'S EXPENSES.

  61. Tex. Election Code Sec. 31.121. PRESIDING OFFICER FAILING TO ACT. Two or more members of the governing body of a political subdivision may perform a duty placed by this code on the presiding officer of the governing body if the office is vacant or the presiding officer fails to perform the duty unless:

  62. Tex. Election Code Sec. 31.122. OFFICE HOURS OF ELECTION AUTHORITY DURING ELECTION PERIOD.

  63. Tex. Election Code Sec. 31.123. APPOINTMENT OF AGENT DURING ELECTION PERIOD.

  64. Tex. Election Code Sec. 31.124. PROVISION OF NOTICE TO COUNTY CHAIRS BY ELECTION AUTHORITY.

  65. Tex. Election Code Sec. 31.125. COUNTY WEBSITE.

  66. Tex. Election Code Sec. 31.126. PROHIBITED CONTRIBUTIONS.

  67. Tex. Election Code Sec. 31.127. TRAINING.

  68. Tex. Election Code Sec. 31.128. RESTRICTION ON ELIGIBILITY.

  69. Tex. Election Code Sec. 31.129. CIVIL PENALTY.

  70. Tex. Election Code Sec. 31.130. SUIT AGAINST ELECTION OFFICER. An action, including an action for a writ of mandamus, alleging that an election officer violated a provision of this code while acting in the officer's official capacity may only be brought against the officer in the officer's official capacity.

  71. Tex. Election Code Sec. 31.151. DEFINITION. In this subchapter, "participating entity" means a political subdivision for whom the joint elections administrator conducts elections under this subchapter.

  72. Tex. Election Code Sec. 31.152. CREATION OF POSITION.

  73. Tex. Election Code Sec. 31.153. JOINT ELECTIONS COMMISSION.

  74. Tex. Election Code Sec. 31.154. APPOINTMENT OF JOINT ELECTIONS ADMINISTRATOR.

  75. Tex. Election Code Sec. 31.155. COMMISSION MEETINGS.

  76. Tex. Election Code Sec. 31.156. ELIGIBILITY. To be eligible for appointment as joint elections administrator, a person must be a qualified voter of this state.

  77. Tex. Election Code Sec. 31.157. RESIGNATION. The joint elections commission is the proper authority to receive and act on a resignation from the position of joint elections administrator.

  78. Tex. Election Code Sec. 31.158. TERMINATION OF EMPLOYMENT. The employment of the joint elections administrator may be terminated at any time for good and sufficient cause on:

  79. Tex. Election Code Sec. 31.159. FILLING VACANCY.

  80. Tex. Election Code Sec. 31.160. SALARY; STAFF; OPERATING EXPENSES.

  81. Tex. Election Code Sec. 31.161. BOND.

  82. Tex. Election Code Sec. 31.162. SEAL. The joint elections administrator shall have an official seal, on which shall be inscribed a star with five points surrounded by the words "Joint Elections Administrator, ____________ County, Texas", for use in certifying documents required to be impressed with the seal of the certifying officer. The seal must include the name of each participating county.

  83. Tex. Election Code Sec. 31.163. TRANSFER OF RECORDS. As soon as practicable after the effective date of the creation of the position of joint elections administrator, the officer formerly serving as the voter registrar shall transfer to the administrator all records pertaining to voter registration, and the officers of the participating entities formerly required to conduct elections shall transfer to the administrator all voting equipment and supplies of which the officer has custody and all records in the officer's possession that pertain to an uncompleted election. The joint elections commission shall determine which records of prior elections are to be transferred to the administrator and which are to remain with the officer.

  84. Tex. Election Code Sec. 31.164. DUTIES OF ADMINISTRATOR GENERALLY.

  85. Tex. Election Code Sec. 31.165. DIVISION OF CERTAIN DUTIES BETWEEN OFFICER AND ADMINISTRATOR.

  86. Tex. Election Code Sec. 31.166. CLASSIFICATION OF DUTIES BY SECRETARY OF STATE.

  87. Tex. Election Code Sec. 31.167. MISDIRECTION OF DOCUMENT.

  88. Tex. Election Code Sec. 31.168. ACTION BY WRONG OFFICER. If a statute specifies that an action is to be taken by an officer without specifying that it is to be taken by the elections administrator of a political subdivision having that position, an action taken by the officer without objection from the administrator has the same legal effect as if taken by the administrator.

  89. Tex. Election Code Sec. 31.169. ADDITION OR WITHDRAWAL OF POLITICAL SUBDIVISIONS.

  90. Tex. Election Code Sec. 31.170. ABOLISHING POSITION.

  91. Tex. Election Code Sec. 31.171. CRIMINAL PENALTIES. A statute prescribing a criminal penalty against an officer of a participating entity or the officer's deputies or other employees for conduct relating to duties or functions transferred to the joint elections administrator applies to the administrator or to the administrator's deputies or employees as appropriate.

Chapter 32

  1. Tex. Election Code Sec. 32.001. PRESIDING JUDGE AND ALTERNATE FOR EACH ELECTION PRECINCT.

  2. Tex. Election Code Sec. 32.002. JUDGES FOR COUNTY ELECTION.

  3. Tex. Election Code Sec. 32.003. JUDGES FOR CONSOLIDATED COUNTY ELECTION PRECINCTS. If election precincts are consolidated in a special election in which the regular county election precincts are required to be used, the commissioners court shall appoint the election judges to serve in each consolidated precinct from among the judges appointed for the precincts comprising the consolidated precinct.

  4. Tex. Election Code Sec. 32.004. JUDGES FOR OTHER ELECTIONS ORDERED BY COUNTY AUTHORITY. Except as otherwise provided by law, for an election ordered by a county authority in which use of the regular county election precincts is not required, the authority ordering the election shall appoint the election judges.

  5. Tex. Election Code Sec. 32.005. JUDGES FOR ELECTIONS OF OTHER POLITICAL SUBDIVISIONS.

  6. Tex. Election Code Sec. 32.006. JUDGES FOR PRIMARY ELECTIONS.

  7. Tex. Election Code Sec. 32.007. EMERGENCY APPOINTMENT.

  8. Tex. Election Code Sec. 32.008. ORDER OF APPOINTMENT.

  9. Tex. Election Code Sec. 32.009. NOTICE OF APPOINTMENT.

  10. Tex. Election Code Sec. 32.011. CONFLICTS WITH OTHER LAW.

  11. Tex. Election Code Sec. 32.012. PROVISION OF INFORMATION RELATING TO ELECTION JUDGES APPOINTED BY COMMISSIONERS COURT.

  12. Tex. Election Code Sec. 32.031. PRESIDING JUDGE TO APPOINT CLERKS.

  13. Tex. Election Code Sec. 32.032. ALTERNATE PRESIDING JUDGE AS CLERK. In an election conducted by the regularly appointed presiding judge, the presiding judge shall appoint the alternate presiding judge as one of the clerks.

  14. Tex. Election Code Sec. 32.033. NUMBER OF CLERKS.

  15. Tex. Election Code Sec. 32.034. CLERKS FOR ELECTIONS FOR FEDERAL, STATE, AND COUNTY OFFICES.

  16. Tex. Election Code Sec. 32.035. CONFLICTS WITH CITY CHARTER.

  17. Tex. Election Code Sec. 32.051. GENERAL ELIGIBILITY REQUIREMENTS.

  18. Tex. Election Code Sec. 32.0511. SPECIAL ELIGIBILITY REQUIREMENTS: STUDENT ELECTION CLERKS.

  19. Tex. Election Code Sec. 32.052. INELIGIBILITY OF PUBLIC OFFICER.

  20. Tex. Election Code Sec. 32.053. INELIGIBILITY OF CANDIDATE FOR OFFICE.

  21. Tex. Election Code Sec. 32.054. INELIGIBILITY OF EMPLOYEE OR RELATIVE OF CANDIDATE.

  22. Tex. Election Code Sec. 32.055. INELIGIBILITY OF CAMPAIGN TREASURER.

  23. Tex. Election Code Sec. 32.0551. INELIGIBILITY OF CAMPAIGN MANAGER.

  24. Tex. Election Code Sec. 32.0552. INELIGIBILITY OF PERSON CONVICTED OF ELECTION OFFENSE. A person is ineligible to serve as an election judge or clerk in an election if the person has been finally convicted of an offense in connection with conduct directly attributable to an election.

  25. Tex. Election Code Sec. 32.056. CITY CHARTER REQUIREMENTS. Eligibility requirements or grounds of ineligibility in addition to those prescribed by this subchapter may be prescribed by a home-rule city charter for election officers serving in elections ordered by an authority of the city.

  26. Tex. Election Code Sec. 32.071. GENERAL RESPONSIBILITY OF PRESIDING JUDGE. The presiding judge is in charge of and responsible for the management and conduct of the election at the polling place of the election precinct that the judge serves.

  27. Tex. Election Code Sec. 32.072. DUTIES AND WORKING HOURS OF CLERKS.

  28. Tex. Election Code Sec. 32.073. ABSENCE OF ELECTION OFFICERS FROM POLLING PLACE.

  29. Tex. Election Code Sec. 32.074. ADMINISTRATION OF OATHS. An election judge or clerk may administer any oath required or authorized to be made at a polling place.

  30. Tex. Election Code Sec. 32.075. LAW ENFORCEMENT DUTIES AND POWERS.

  31. Tex. Election Code Sec. 32.076. DISCLOSURE OF E-MAIL ADDRESS AND PHONE NUMBER RESTRICTED.

  32. Tex. Election Code Sec. 32.091. COMPENSATION FOR SERVICES AT POLLING PLACE.

  33. Tex. Election Code Sec. 32.092. COMPENSATION FOR DELIVERING ELECTION RECORDS AND SUPPLIES.

  34. Tex. Election Code Sec. 32.093. AUTHORITY FIXING COMPENSATION. The compensation of election judges and clerks shall be fixed by the following authority:

  35. Tex. Election Code Sec. 32.094. STATEMENT OF COMPENSATION.

  36. Tex. Election Code Sec. 32.111. TRAINING STANDARDS FOR ELECTION JUDGES.

  37. Tex. Election Code Sec. 32.1111. ONLINE TRAINING.

  38. Tex. Election Code Sec. 32.112. EXPENSE OF TRAINING JUDGES. The governing body of a political subdivision may appropriate funds to:

  39. Tex. Election Code Sec. 32.113. TRAINING PROGRAMS.

  40. Tex. Election Code Sec. 32.114. PUBLIC COUNTY TRAINING PROGRAM.

  41. Tex. Election Code Sec. 32.115. SECRETARY OF STATE TO ASSIST IN TRAINING. On request of a county executive committee or a county clerk, as appropriate, the secretary of state shall schedule and provide assistance for the training of election judges and clerks under Section 32.113 or 32.114. The secretary may provide similar training assistance to other political subdivisions.

Chapter 33

  1. Tex. Election Code Sec. 33.001. WATCHER DEFINED. In this code, "watcher" means a person appointed under this subchapter to observe the conduct of an election on behalf of a candidate, a political party, or the proponents or opponents of a measure.

  2. Tex. Election Code Sec. 33.0015. CHAPTER PURPOSE AND WATCHER DUTY. The purpose of this chapter is to preserve the integrity of the ballot box in accordance with Section 4, Article VI, Texas Constitution, by providing for the appointment of watchers. It is the intent of the legislature that watchers duly accepted for service under this chapter be allowed to observe and report on irregularities in the conduct of any election, but may not interfere in the orderly conduct of an election. To effect that purpose, a watcher appointed under this chapter shall observe without obstructing the conduct of an election and call to the attention of an election officer any observed or suspected irregularity or violation of law in the conduct of the election.

  3. Tex. Election Code Sec. 33.0016. REFERENCES TO EARLY VOTING BALLOT BOARD IN THIS CHAPTER. A reference in this chapter to an early voting ballot board includes a signature verification committee.

  4. Tex. Election Code Sec. 33.002. APPOINTMENT BY CANDIDATE.

  5. Tex. Election Code Sec. 33.003. APPOINTMENT BY POLITICAL PARTY.

  6. Tex. Election Code Sec. 33.004. APPOINTMENT FOR WRITE-IN CANDIDATE.

  7. Tex. Election Code Sec. 33.005. APPOINTMENT FOR ELECTION ON MEASURE.

  8. Tex. Election Code Sec. 33.006. CERTIFICATE OF APPOINTMENT.

  9. Tex. Election Code Sec. 33.007. NUMBER AND PLACE OF SERVICE OF WATCHERS.

  10. Tex. Election Code Sec. 33.008. TRAINING PROGRAM. The secretary of state shall develop and maintain a training program for watchers. The training program must:

  11. Tex. Election Code Sec. 33.031. GENERAL ELIGIBILITY REQUIREMENTS.

  12. Tex. Election Code Sec. 33.032. INELIGIBILITY OF CANDIDATE FOR PUBLIC OFFICE.

  13. Tex. Election Code Sec. 33.033. INELIGIBILITY OF EMPLOYEE OR RELATIVE OF ELECTION OFFICER.

  14. Tex. Election Code Sec. 33.034. INELIGIBILITY OF PUBLIC OFFICER.

  15. Tex. Election Code Sec. 33.035. INELIGIBILITY OF PERSON CONVICTED OF CERTAIN OFFENSES. A person is ineligible to serve as a watcher in an election if the person has been finally convicted of a felony:

  16. Tex. Election Code Sec. 33.051. ACCEPTANCE OF WATCHER.

  17. Tex. Election Code Sec. 33.052. HOURS OF SERVICE AT PRECINCT POLLING PLACE. A watcher at a precinct polling place may begin service at any time after the presiding judge arrives at the polling place on election day and may remain at the polling place until the presiding judge and the clerks complete their duties there. A watcher may serve at the polling place during the hours the watcher chooses, except that if the watcher is present at the polling place when ballots are counted, the watcher may not leave until the counting is complete.

  18. Tex. Election Code Sec. 33.053. HOURS OF SERVICE AT EARLY VOTING POLLING PLACE. A watcher serving at an early voting polling place may be present at the polling place at any time it is open and until completion of the securing of any voting equipment used at the polling place that is required to be secured on the close of voting each day. The watcher may serve during the hours the watcher chooses.

  19. Tex. Election Code Sec. 33.054. HOURS OF SERVICE AT EARLY VOTING BALLOT BOARD MEETING OR SIGNATURE VERIFICATION COMMITTEE MEETING.

  20. Tex. Election Code Sec. 33.055. HOURS OF SERVICE AT CENTRAL COUNTING STATION.

  21. Tex. Election Code Sec. 33.056. OBSERVING ACTIVITY GENERALLY.

  22. Tex. Election Code Sec. 33.057. OBSERVING PREPARATION OF VOTER'S BALLOT.

  23. Tex. Election Code Sec. 33.058. RESTRICTIONS ON WATCHER'S ACTIVITIES.

  24. Tex. Election Code Sec. 33.059. OBSERVING SECURING OF VOTING SYSTEM EQUIPMENT BEFORE ELECTION.

  25. Tex. Election Code Sec. 33.060. OBSERVING DELIVERY OF ELECTION RECORDS.

  26. Tex. Election Code Sec. 33.0605. OBSERVING DATA STORAGE SEALING AND TRANSFER.

  27. Tex. Election Code Sec. 33.061. UNLAWFULLY OBSTRUCTING WATCHER.

  28. Tex. Election Code Sec. 33.063. RELIEF. The appointing authority for a watcher who believes that the watcher was unlawfully prevented or obstructed from the performance of the watcher's duties may seek:

Chapter 34

  1. Tex. Election Code Sec. 34.001. APPOINTMENT OF STATE INSPECTORS.

  2. Tex. Election Code Sec. 34.002. DUTIES AND PRIVILEGES.

  3. Tex. Election Code Sec. 34.003. TRAVEL EXPENSES. Subject to specific legislative appropriation, the secretary of state may reimburse state inspectors for travel expenses in an amount determined by the secretary but not to exceed travel expenses allowable to state employees generally.

  4. Tex. Election Code Sec. 34.004. INSPECTIONS BY SECRETARY OF STATE. The secretary of state or a member of the secretary's staff may make inspections in the same manner as state inspectors whether or not a violation of election laws is suspected.

  5. Tex. Election Code Sec. 34.005. ACTION BY SECRETARY OF STATE.

Chapter 41

  1. Tex. Election Code Sec. 41.001. UNIFORM ELECTION DATES.

  2. Tex. Election Code Sec. 41.0011. EMERGENCY REQUIRING EARLY ELECTION.

  3. Tex. Election Code Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY OFFICERS. The general election for state and county officers shall be held on the first Tuesday after the first Monday in November in even-numbered years.

  4. Tex. Election Code Sec. 41.004. SPECIAL ELECTION WITHIN PARTICULAR PERIOD.

  5. Tex. Election Code Sec. 41.0041. ELECTION ON MEASURE AFTER PARTICULAR PERIOD.

  6. Tex. Election Code Sec. 41.005. GENERAL ELECTION OF POLITICAL SUBDIVISION OTHER THAN COUNTY.

  7. Tex. Election Code Sec. 41.0052. CHANGING GENERAL ELECTION DATE.

  8. Tex. Election Code Sec. 41.006. ADJUSTING ELECTION SCHEDULE. If under this subchapter an election is held on a date other than a date prescribed by other law, the date for a runoff election, the deadline for filing for candidacy, and the schedule for canvassing election returns, declaring results, or performing any other official act relating to the election shall be adjusted to allow the same interval of time in relation to the date of the election as would be provided by application of the other law.

  9. Tex. Election Code Sec. 41.007. PRIMARY ELECTIONS.

  10. Tex. Election Code Sec. 41.008. EFFECT OF HOLDING ELECTION ON IMPROPER DATE. An election held on a date not permitted by this subchapter is void.

  11. Tex. Election Code Sec. 41.031. VOTING HOURS.

  12. Tex. Election Code Sec. 41.032. VOTING AFTER POLLS CLOSE.

  13. Tex. Election Code Sec. 41.033. EARLY CLOSING OF CERTAIN POLLS. Notwithstanding Section 41.031(a), an entity created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, may close the polls before 7 p.m. in an election held by the entity if:

Chapter 42

  1. Tex. Election Code Sec. 42.001. PRECINCTS ESTABLISHED BY COMMISSIONERS COURT.

  2. Tex. Election Code Sec. 42.002. REQUIRED USE OF COUNTY PRECINCTS.

  3. Tex. Election Code Sec. 42.003. BOUNDARY DESCRIPTION. Each county election precinct must be described by natural or artificial boundaries or by survey lines.

  4. Tex. Election Code Sec. 42.004. PRECINCT IDENTIFICATION. The commissioners court shall identify each county election precinct by a number.

  5. Tex. Election Code Sec. 42.005. RELATIONSHIP TO DISTRICTS AND JUSTICE AND COMMISSIONERS PRECINCTS.

  6. Tex. Election Code Sec. 42.0051. COMBINING CERTAIN PRECINCTS.

  7. Tex. Election Code Sec. 42.006. POPULATION REQUIREMENTS.

  8. Tex. Election Code Sec. 42.007. COMBINING INCORPORATED AND UNINCORPORATED TERRITORY. A commissioners court may not establish a county election precinct containing territory inside a city with a population of 10,000 or more and unincorporated territory outside that city unless the commissioners court determines that either of the two areas:

  9. Tex. Election Code Sec. 42.008. CONSOLIDATING PRECINCTS IN SPECIAL ELECTION.

  10. Tex. Election Code Sec. 42.009. CONSOLIDATING PRECINCTS IN PRIMARY ELECTION. The county executive committee of a political party holding a primary election may order two or more county election precincts consolidated into a single precinct if the polling place is located so it will adequately serve the voters of the consolidated precinct.

  11. Tex. Election Code Sec. 42.010. RECOMMENDATION ON ELIMINATION OF LESS POPULOUS PRECINCTS.

  12. Tex. Election Code Sec. 42.031. REVIEWING PRECINCTS FOR COMPLIANCE: BOUNDARY CHANGES.

  13. Tex. Election Code Sec. 42.032. REDISTRICTING: BOUNDARY CHANGES. If changes in county election precinct boundaries are necessary to give effect to a redistricting plan under Article III, Section 28, of the Texas Constitution, each commissioners court shall order the changes before October 1 of the year in which the redistricting is done.

  14. Tex. Election Code Sec. 42.033. EFFECTIVE DATE OF BOUNDARY CHANGE.

  15. Tex. Election Code Sec. 42.034. NOTICE TO REGISTRAR. The commissioners court shall deliver a certified copy of an order changing a county election precinct boundary to the voter registrar not later than the seventh day after the date the order is adopted.

  16. Tex. Election Code Sec. 42.035. PUBLIC NOTICE.

  17. Tex. Election Code Sec. 42.036. ADDITIONAL NOTICE IN POPULOUS COUNTIES.

  18. Tex. Election Code Sec. 42.037. FILING MAP OF PRECINCT BOUNDARY CHANGES WITH SECRETARY OF STATE.

  19. Tex. Election Code Sec. 42.061. PRECINCTS OF POLITICAL SUBDIVISION OTHER THAN COUNTY.

  20. Tex. Election Code Sec. 42.0615. NOTICE TO REGISTRAR OF BOUNDARY CHANGE OF POLITICAL SUBDIVISION. A political subdivision that changes its boundaries or the boundaries of districts used to elect members to the governing body of the political subdivision shall not later than the 30th day after the date the change is adopted:

  21. Tex. Election Code Sec. 42.062. PRECINCTS FOR CERTAIN SPECIAL ELECTIONS. A county authority ordering an election shall establish the election precincts for the election if:

  22. Tex. Election Code Sec. 42.0621. PRECINCTS FOR ELECTIONS HELD ON NOVEMBER UNIFORM ELECTION DATE.

  23. Tex. Election Code Sec. 42.063. BOUNDARY DESCRIPTION. Each election precinct established under this subchapter must be described by natural or artificial boundaries, by survey lines, or if the precinct is coterminous with one or more county election precincts, by use of the county election precinct number or numbers.

  24. Tex. Election Code Sec. 42.064. PRECINCT IDENTIFICATION. If more than one election precinct is established under this subchapter, the authority establishing the precincts shall identify each precinct by a name or number.

  25. Tex. Election Code Sec. 42.065. CONFLICTS WITH OTHER LAW. A law outside this subchapter supersedes this subchapter to the extent of any conflict.

Chapter 43

  1. Tex. Election Code Sec. 43.001. ONE POLLING PLACE IN EACH PRECINCT. Each election precinct established for an election shall be served by a single polling place located within the boundary of the precinct.

  2. Tex. Election Code Sec. 43.0015. DESIGNATION OF LOCATION: USE OF EARLY VOTING POLLING PLACE ON ELECTION DAY. The authority responsible for designating polling places under this subchapter shall, at a minimum, designate as locations for polling places on election day:

  3. Tex. Election Code Sec. 43.002. DESIGNATION OF LOCATION: GENERAL OR SPECIAL ELECTION USING COUNTY PRECINCTS.

  4. Tex. Election Code Sec. 43.003. DESIGNATION OF LOCATION: PRIMARY ELECTION. The county chair of a political party holding a primary election shall designate the location of the polling place for each election precinct in the primary unless the precinct is one that is consolidated. In that case, the county executive committee shall designate the location.

  5. Tex. Election Code Sec. 43.004. DESIGNATION OF LOCATION: ELECTIONS OF OTHER POLITICAL SUBDIVISIONS.

  6. Tex. Election Code Sec. 43.005. DESIGNATION OF LOCATION: CERTAIN SPECIAL ELECTIONS. The authority establishing election precincts under Section 42.062 shall designate the location of the polling place for each precinct.

  7. Tex. Election Code Sec. 43.006. CONFLICTS WITH OTHER LAW. A law outside this subchapter supersedes this subchapter to the extent of any conflict.

  8. Tex. Election Code Sec. 43.007. COUNTYWIDE POLLING PLACE PROGRAM.

  9. Tex. Election Code Sec. 43.031. POLLING PLACE IN PUBLIC BUILDING.

  10. Tex. Election Code Sec. 43.032. BUILDING ACQUIRED BY COUNTY FOR POLLING PLACE.

  11. Tex. Election Code Sec. 43.033. CONSIDERATION FOR USE OF PUBLIC BUILDING AS POLLING PLACE.

  12. Tex. Election Code Sec. 43.034. ACCESSIBILITY OF POLLING PLACE TO THE ELDERLY AND PERSONS WITH PHYSICAL DISABILITIES.

  13. Tex. Election Code Sec. 43.061. NOTICE OF CHANGE OF LOCATION OF POLLING PLACE.

  14. Tex. Election Code Sec. 43.062. NOTICE AT PREVIOUS POLLING PLACE. If the location of the polling place for an election precinct is different from the location used for the precinct in the preceding election ordered by the same authority, the authority responsible for giving notice of the election shall, if possible, post notice at the entrance to the previous polling place stating that the location has changed and providing the location of the new polling place.

  15. Tex. Election Code Sec. 43.063. USE OF COMPUTERIZED INFORMATION. In an election in which detailed poll location information is available at a polling place through a computer, an election officer shall provide that information to assist voters in determining the correct polling place location for the voter's election precinct.

Chapter 51

  1. Tex. Election Code Sec. 51.001. ELECTION SUPPLIES. In this chapter, "election supplies" means the equipment, ballots, forms, lists of registered voters, and other materials necessary to conduct an election.

  2. Tex. Election Code Sec. 51.002. COUNTY ELECTION BOARD.

  3. Tex. Election Code Sec. 51.003. PROCURING AND ALLOCATING SUPPLIES. Except as otherwise provided by law, the following authority shall procure the election supplies necessary to conduct an election and shall determine the quantity of the various types of supplies to be provided to each precinct polling place and early voting polling place:

  4. Tex. Election Code Sec. 51.004. DISTRIBUTING SUPPLIES.

  5. Tex. Election Code Sec. 51.005. NUMBER OF BALLOTS.

  6. Tex. Election Code Sec. 51.006. PREPARING BALLOTS FOR DISTRIBUTION. The authority responsible for distributing election supplies shall package and seal each set of ballots before their distribution and shall mark the package with the number of ballots enclosed and the range of the ballot serial numbers. If the authority is the early voting clerk, the ballots allocated for early voting need not be packaged and sealed.

  7. Tex. Election Code Sec. 51.007. RECORD OF BALLOT DISTRIBUTION.

  8. Tex. Election Code Sec. 51.008. SUPPLEMENTING DISTRIBUTED BALLOTS.

  9. Tex. Election Code Sec. 51.009. SHERIFF TO DELIVER SUPPLIES.

  10. Tex. Election Code Sec. 51.010. FAILURE TO DISTRIBUTE OR DELIVER SUPPLIES.

  11. Tex. Election Code Sec. 51.011. OBSTRUCTING DISTRIBUTION OF SUPPLIES.

  12. Tex. Election Code Sec. 51.013. IDENTIFICATION OF PRINTERS FOR PRIMARY ELECTION OR GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.

  13. Tex. Election Code Sec. 51.031. APPROVAL OF BALLOT AND VOTING BOOTHS.

  14. Tex. Election Code Sec. 51.032. VOTING BOOTHS.

  15. Tex. Election Code Sec. 51.033. NUMBER AND USE OF BALLOT BOXES.

  16. Tex. Election Code Sec. 51.034. SPECIFICATIONS FOR BALLOT BOXES.

  17. Tex. Election Code Sec. 51.035. USE OF COUNTY-OWNED EQUIPMENT FOR PRIMARY ELECTION.

  18. Tex. Election Code Sec. 51.036. CUSTODIAN OF EQUIPMENT. Except as otherwise provided by this code, the authority responsible for distributing election supplies for an election ordered by an authority of a political subdivision is the custodian of the election equipment owned by the political subdivision.

Chapter 52

  1. Tex. Election Code Sec. 52.001. OFFICIAL BALLOT.

  2. Tex. Election Code Sec. 52.002. AUTHORITY PREPARING BALLOT. Except as otherwise provided by law, the following authority shall have the official ballot prepared:

  3. Tex. Election Code Sec. 52.003. PLACING CANDIDATE'S NAME ON BALLOT.

  4. Tex. Election Code Sec. 52.004. FAILURE TO PLACE CANDIDATE'S NAME ON BALLOT.

  5. Tex. Election Code Sec. 52.005. BALLOT CONTENT DETERMINED ACCORDING TO PRECINCT. The ballot for an election precinct may contain only those offices and propositions stating measures on which the qualified voters of the precinct are entitled to vote.

  6. Tex. Election Code Sec. 52.006. CORRECTING BALLOT.

  7. Tex. Election Code Sec. 52.0061. NOTICE OF CORRECTION BY AUTHORITY RESPONSIBLE FOR PREPARING BALLOT.

  8. Tex. Election Code Sec. 52.0062. NOTICE OF CORRECTION BY CERTAIN PRINTERS.

  9. Tex. Election Code Sec. 52.0063. UNLAWFUL PREPARATION OF BALLOTS.

  10. Tex. Election Code Sec. 52.0064. DESTRUCTION OF INCORRECT BALLOTS.

  11. Tex. Election Code Sec. 52.007. SPECIMEN BALLOT.

  12. Tex. Election Code Sec. 52.008. SAMPLE BALLOT.

  13. Tex. Election Code Sec. 52.031. FORM OF NAME ON BALLOT.

  14. Tex. Election Code Sec. 52.032. CANDIDATES WITH SAME OR SIMILAR SURNAMES.

  15. Tex. Election Code Sec. 52.033. TITLES PROHIBITED. Except as otherwise provided by this subchapter, a title or designation of office, status, or position may not be used in conjunction with a candidate's name on the ballot.

  16. Tex. Election Code Sec. 52.034. NAME ON BALLOT MORE THAN ONCE. A candidate's name may not appear more than once on the ballot except as a candidate for:

  17. Tex. Election Code Sec. 52.061. PRINTING ON BALLOT.

  18. Tex. Election Code Sec. 52.062. NUMBERING OF BALLOTS. The ballots prepared by each authority responsible for having the official ballot prepared shall be numbered consecutively beginning with the number "1."

  19. Tex. Election Code Sec. 52.063. DESIGNATION OF ELECTION AND DATE. A designation of the nature of the election and the date of the election shall be printed at the top of the ballot.

  20. Tex. Election Code Sec. 52.064. DESIGNATION AS OFFICIAL BALLOT. "OFFICIAL BALLOT" shall be printed in large letters on the ballot immediately below the designation and date of the election.

  21. Tex. Election Code Sec. 52.065. ARRANGEMENT OF BALLOT WITH PARTY NOMINEE.

  22. Tex. Election Code Sec. 52.066. ARRANGEMENT OF BALLOT WITH NO PARTY NOMINEE.

  23. Tex. Election Code Sec. 52.067. NONALIGNED CANDIDATE DESIGNATED AS INDEPENDENT. In an election in which the candidates' political party alignments are to be printed on the ballot next to the candidates' names, "Independent" shall be printed on the ballot next to the name of each candidate who is not aligned with a political party.

  24. Tex. Election Code Sec. 52.068. OFFICE TITLE TO APPEAR ON BALLOT IF NO CANDIDATE FOR OFFICE.

  25. Tex. Election Code Sec. 52.069. UNEXPIRED TERM. If an office to be filled for an unexpired term is to be voted on at a general or primary election, "unexpired term" shall be printed on the ballot following the office title.

  26. Tex. Election Code Sec. 52.070. VOTING SQUARE AND INSTRUCTION FOR CANDIDATES.

  27. Tex. Election Code Sec. 52.072. PROPOSITIONS.

  28. Tex. Election Code Sec. 52.073. VOTING SQUARE AND INSTRUCTION FOR PROPOSITIONS.

  29. Tex. Election Code Sec. 52.074. PROVISIONAL BALLOT FOR CERTAIN VOTERS. The authority responsible for having the official ballot prepared shall have a provisional ballot prepared in a form approved by the secretary of state for use by a voter who executes an affidavit in accordance with Section 63.011.

  30. Tex. Election Code Sec. 52.075. MODIFICATION OF BALLOT FORM FOR CERTAIN VOTING SYSTEMS.

  31. Tex. Election Code Sec. 52.091. PARTY COLUMNS.

  32. Tex. Election Code Sec. 52.092. OFFICES REGULARLY FILLED AT GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.

  33. Tex. Election Code Sec. 52.093. OFFICES OF POLITICAL SUBDIVISION OTHER THAN COUNTY. Except as otherwise provided by law, for an election at which offices of a political subdivision other than a county are to be voted on, the authority ordering the election shall determine the order of the offices on the ballot.

  34. Tex. Election Code Sec. 52.094. NAMES OF CANDIDATES.

  35. Tex. Election Code Sec. 52.095. PROPOSITIONS.

Chapter 61

  1. Tex. Election Code Sec. 61.001. BYSTANDERS EXCLUDED; UNLAWFUL PRESENCE OF CANDIDATE.

  2. Tex. Election Code Sec. 61.002. OPENING AND CLOSING POLLING PLACE FOR VOTING.

  3. Tex. Election Code Sec. 61.003. ELECTIONEERING AND LOITERING NEAR POLLING PLACE.

  4. Tex. Election Code Sec. 61.004. UNLAWFUL OPERATION OF SOUND AMPLIFICATION DEVICE OR SOUND TRUCK.

  5. Tex. Election Code Sec. 61.005. SECURITY OF BALLOTS, BALLOT BOXES, AND ENVELOPES.

  6. Tex. Election Code Sec. 61.006. UNLAWFULLY DIVULGING VOTE.

  7. Tex. Election Code Sec. 61.007. UNLAWFULLY REVEALING INFORMATION BEFORE POLLS CLOSE.

  8. Tex. Election Code Sec. 61.008. UNLAWFULLY INFLUENCING VOTER.

  9. Tex. Election Code Sec. 61.009. INSTRUCTING VOTER ON CASTING BALLOT. On the request of a voter, an election officer shall instruct the voter on the proper procedure for casting a ballot.

  10. Tex. Election Code Sec. 61.010. WEARING NAME TAG OR BADGE IN POLLING PLACE.

  11. Tex. Election Code Sec. 61.011. REMOVING WRITTEN COMMUNICATIONS FOUND IN POLLING PLACE.

  12. Tex. Election Code Sec. 61.012. ACCESS BY PERSONS WITH DISABILITIES.

  13. Tex. Election Code Sec. 61.013. ACCESS BY PERSONS WITH DISABILITIES: ELECTIONS OF CERTAIN POLITICAL SUBDIVISIONS.

  14. Tex. Election Code Sec. 61.014. USE OF CERTAIN DEVICES.

  15. Tex. Election Code Sec. 61.031. USE OF ENGLISH LANGUAGE.

  16. Tex. Election Code Sec. 61.032. INTERPRETER PERMITTED. If an election officer who attempts to communicate with a voter does not understand the language used by the voter, the voter may communicate through an interpreter selected by the voter or, if the voter has not selected an interpreter, any interpreter an election officer may appoint.

  17. Tex. Election Code Sec. 61.033. ELIGIBILITY TO SERVE AS INTERPRETER. To be eligible to serve as an interpreter, a person:

  18. Tex. Election Code Sec. 61.034. TRANSLATING BALLOT. If a voter cannot comprehend the language in which the ballot is printed, the voter may receive assistance in accordance with Subchapter B, Chapter 64.

  19. Tex. Election Code Sec. 61.035. OATH.

  20. Tex. Election Code Sec. 61.036. TRANSLATION REQUIRED.

Chapter 62

  1. Tex. Election Code Sec. 62.001. OFFICERS TO ASSEMBLE.

  2. Tex. Election Code Sec. 62.002. TIME FOR COMPLETING ARRANGEMENTS. Except as otherwise provided by this chapter, the arrangements prescribed by this chapter shall be completed at a polling place before it is opened for voting.

  3. Tex. Election Code Sec. 62.003. ELECTION OFFICERS: OATH AND IDENTIFICATION.

  4. Tex. Election Code Sec. 62.004. ARRANGING VOTING STATIONS. The voting stations shall be arranged so that:

  5. Tex. Election Code Sec. 62.005. EXAMINING BALLOT BOXES. An election officer shall open and examine the ballot boxes and remove any contents from the boxes.

  6. Tex. Election Code Sec. 62.006. PLACING BOX FOR DEPOSIT OF MARKED BALLOTS. The ballot box to be used by the voters to deposit marked ballots shall be locked. The ballot box and the box used for the deposit of provisional ballots shall be placed where they will be in plain view of the election officers, watchers, and persons waiting to vote.

  7. Tex. Election Code Sec. 62.007. EXAMINING BALLOTS.

  8. Tex. Election Code Sec. 62.008. PRESIDING JUDGE TO SIGN BALLOTS.

  9. Tex. Election Code Sec. 62.009. DISARRANGING BALLOTS FOR VOTERS' SELECTION.

  10. Tex. Election Code Sec. 62.010. DISTANCE MARKER.

  11. Tex. Election Code Sec. 62.011. INSTRUCTION POSTER.

  12. Tex. Election Code Sec. 62.0111. NOTICE OF PROHIBITION OF CERTAIN DEVICES.

  13. Tex. Election Code Sec. 62.0112. NOTICE OF VOTER COMPLAINT INFORMATION.

  14. Tex. Election Code Sec. 62.0115. PUBLIC NOTICE OF VOTERS' RIGHTS.

  15. Tex. Election Code Sec. 62.012. POSTING SAMPLE BALLOT. An election officer shall post a sample ballot in one or more locations in the polling place where it can be read by persons waiting to vote.

  16. Tex. Election Code Sec. 62.013. UNAUTHORIZED POSTING OF SIGNS PROHIBITED.

  17. Tex. Election Code Sec. 62.014. MODIFICATION OF LIST OF REGISTERED VOTERS.

  18. Tex. Election Code Sec. 62.015. PLACING INDELIBLE MARKING INSTRUMENT IN STATION.

  19. Tex. Election Code Sec. 62.016. NOTICE OF ACCEPTABLE IDENTIFICATION OUTSIDE POLLING PLACES. The presiding judge shall post in a prominent place on the outside of each polling location a list of the acceptable forms of identification. The list must be printed using a font that is at least 24-point. The notice required under this section must be posted separately from any other notice required by state or federal law.

Chapter 63

  1. Tex. Election Code Sec. 63.001. REGULAR PROCEDURE FOR ACCEPTING VOTER.

  2. Tex. Election Code Sec. 63.0011. STATEMENT OF RESIDENCE REQUIRED.

  3. Tex. Election Code Sec. 63.0013. FALSE STATEMENT ON DECLARATION OF REASONABLE IMPEDIMENT.

  4. Tex. Election Code Sec. 63.0015. ACCEPTING VOTERS WITH CERTAIN DISABILITIES.

  5. Tex. Election Code Sec. 63.002. SIGNATURE ROSTER.

  6. Tex. Election Code Sec. 63.003. POLL LIST.

  7. Tex. Election Code Sec. 63.004. COMBINATION FORM.

  8. Tex. Election Code Sec. 63.005. REGISTRATION OMISSIONS LIST.

  9. Tex. Election Code Sec. 63.0051. CONFIRMING REGISTRATION STATUS OF VOTER.

  10. Tex. Election Code Sec. 63.006. VOTER WITH REQUIRED DOCUMENTATION WHO IS NOT ON LIST.

  11. Tex. Election Code Sec. 63.009. VOTER WITHOUT CERTIFICATE WHO IS NOT ON LIST. A voter who does not present a voter registration certificate when offering to vote, and whose name is not on the list of registered voters for the precinct in which the voter is offering to vote, shall be accepted for provisional voting if the voter executes an affidavit in accordance with Section 63.011.

  12. Tex. Election Code Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION.

  13. Tex. Election Code Sec. 63.0102. USE OF CERTAIN ELECTRONICALLY READABLE INFORMATION.

  14. Tex. Election Code Sec. 63.011. PROVISIONAL VOTING.

  15. Tex. Election Code Sec. 63.0111. OFFENSES RELATED TO PROVISIONAL VOTING.

  16. Tex. Election Code Sec. 63.012. UNLAWFULLY ACCEPTING OR REFUSING TO ACCEPT VOTER.

Chapter 64

  1. Tex. Election Code Sec. 64.001. VOTER TO SELECT AND PREPARE BALLOT.

  2. Tex. Election Code Sec. 64.002. OCCUPANCY OF VOTING STATION.

  3. Tex. Election Code Sec. 64.003. MARKING THE BALLOT FOR CANDIDATE ON BALLOT. A vote for a particular candidate whose name is on the ballot must be indicated by placing an "X" or other mark that clearly shows the voter's intent in the square beside the name of the candidate for whom the voter desires to vote.

  4. Tex. Election Code Sec. 64.005. MARKING THE BALLOT FOR WRITE-IN CANDIDATE. In an election in which write-in voting is permitted, a vote for a candidate who is not on the ballot must be indicated by writing the candidate's name in the appropriate place provided on the ballot.

  5. Tex. Election Code Sec. 64.006. MARKING THE BALLOT FOR MEASURE. A vote on a particular measure must be indicated by placing an "X" or other mark that clearly shows the voter's intent in the appropriate square that is beside the proposition and that indicates the way the voter desires to vote on the measure.

  6. Tex. Election Code Sec. 64.007. SPOILED BALLOT.

  7. Tex. Election Code Sec. 64.008. DEPOSITING BALLOT.

  8. Tex. Election Code Sec. 64.009. VOTER UNABLE TO ENTER POLLING PLACE.

  9. Tex. Election Code Sec. 64.010. UNLAWFULLY PERMITTING OR PREVENTING DEPOSIT OF BALLOT.

  10. Tex. Election Code Sec. 64.011. UNLAWFULLY DEPOSITING BALLOT.

  11. Tex. Election Code Sec. 64.012. ILLEGAL VOTING.

  12. Tex. Election Code Sec. 64.031. ELIGIBILITY FOR ASSISTANCE. A voter is eligible to receive assistance in marking or reading the ballot, as provided by this subchapter, if the voter cannot prepare or read the ballot because of:

  13. Tex. Election Code Sec. 64.032. PERSONS PROVIDING ASSISTANCE.

  14. Tex. Election Code Sec. 64.0321. DEFINITION. For purposes of this subchapter and Sections 85.035 and 86.010, assisting a voter includes the following conduct by a person other than the voter that occurs while the person is in the presence of the voter's ballot or carrier envelope:

  15. Tex. Election Code Sec. 64.0322. SUBMISSION OF FORM BY ASSISTANT.

  16. Tex. Election Code Sec. 64.033. READING BALLOT TO VOTER.

  17. Tex. Election Code Sec. 64.034. OATH. A person, other than an election officer, selected to provide assistance to a voter must take the following oath, administered by an election officer at the polling place, before providing assistance:

  18. Tex. Election Code Sec. 64.035. DEPOSITING BALLOT. After assistance has been provided in marking a ballot, the ballot shall be folded and deposited in the ballot box by the voter or, on the voter's request, by the person assisting the voter.

  19. Tex. Election Code Sec. 64.036. UNLAWFUL ASSISTANCE.

  20. Tex. Election Code Sec. 64.037. UNAUTHORIZED ASSISTANCE VOIDS BALLOT. If assistance is provided to a voter who is not eligible for assistance, the voter's ballot may not be counted.

Chapter 65

  1. Tex. Election Code Sec. 65.001. COUNTING OFFICERS. At each polling place, the ballots shall be counted by one or more teams of election officers assigned by the presiding judge. Each team must consist of two or more election officers.

  2. Tex. Election Code Sec. 65.002. TIME FOR COUNTING.

  3. Tex. Election Code Sec. 65.003. ROTATING BALLOT BOXES NO. 1 AND NO. 2.

  4. Tex. Election Code Sec. 65.004. TALLY LISTS. Three original tally lists shall be maintained at the polling place to record the number of votes received for the candidates and for and against the measures voted on.

  5. Tex. Election Code Sec. 65.005. TALLYING THE VOTES.

  6. Tex. Election Code Sec. 65.006. REPLACING MEMBER OF COUNTING TEAM.

  7. Tex. Election Code Sec. 65.008. TALLYING WRITE-IN VOTES.

  8. Tex. Election Code Sec. 65.009. COUNTING IRREGULARLY MARKED BALLOT.

  9. Tex. Election Code Sec. 65.010. BALLOTS NOT COUNTED.

  10. Tex. Election Code Sec. 65.011. OVERVOTING. If a voter marks the ballot for more candidates for an office than the number of persons to be elected for that office, none of the votes may be counted for that office.

  11. Tex. Election Code Sec. 65.012. DEPOSITING BALLOT IN BALLOT BOX NO. 3.

  12. Tex. Election Code Sec. 65.013. BALLOT REGISTER.

  13. Tex. Election Code Sec. 65.014. PREPARING THE PRECINCT RETURNS.

  14. Tex. Election Code Sec. 65.015. ANNOUNCING PARTIAL RESULTS.

  15. Tex. Election Code Sec. 65.016. INTERNET POSTING OF ELECTION RESULTS.

  16. Tex. Election Code Sec. 65.051. DUTY OF EARLY VOTING BALLOT BOARD.

  17. Tex. Election Code Sec. 65.052. DUTY OF VOTER REGISTRAR. The secretary of state shall prescribe procedures by which the voter registrar of the county in which a provisional ballot is cast shall provide assistance to the early voting ballot board in executing its authority under this subchapter. In an election described by Section 65.051(a-1), the procedures must allow for 10 calendar days for the voter registrar to review a provisional voter's eligibility.

  18. Tex. Election Code Sec. 65.053. DELIVERY OF PROVISIONAL BALLOTS. The presiding judge of an election precinct shall deliver in person to the general custodian of election records the box containing each envelope containing a provisional ballot that was cast in the precinct. The secretary of state shall prescribe procedures by which the early voting ballot board may have access to the provisional ballots as necessary to implement this subchapter.

  19. Tex. Election Code Sec. 65.054. ACCEPTING PROVISIONAL BALLOT.

  20. Tex. Election Code Sec. 65.0541. PRESENTATION OF IDENTIFICATION FOR CERTAIN PROVISIONAL BALLOTS.

  21. Tex. Election Code Sec. 65.055. DISPOSITION OF ACCEPTED PROVISIONAL BALLOT AND AFFIDAVIT.

  22. Tex. Election Code Sec. 65.056. DISPOSITION OF REJECTED PROVISIONAL BALLOT.

  23. Tex. Election Code Sec. 65.057. PROCESSING ACCEPTED PROVISIONAL BALLOTS.

  24. Tex. Election Code Sec. 65.058. PRESERVATION OF PROVISIONAL VOTING RECORDS GENERALLY. The returns of provisional ballots that are accepted, the accepted ballots, and other provisional voting records shall be preserved after the election in the same manner as the corresponding precinct election returns.

  25. Tex. Election Code Sec. 65.0581. PUBLIC INSPECTION OF PROVISIONAL VOTING RECORDS. Provisional voting records are not available for public inspection until the first business day after the date the early voting ballot board completes the verification and counting of provisional ballots under Section 65.051 and delivers the provisional ballots and other provisional voting records to the general custodian of election records.

  26. Tex. Election Code Sec. 65.059. NOTICE TO PROVISIONAL VOTER. The secretary of state shall prescribe procedures to implement a system to allow a person who casts a provisional ballot under Section 63.011 to obtain access free of charge to information on the disposition of the person's ballot. The system:

  27. Tex. Election Code Sec. 65.060. DISCLOSURE OF SOCIAL SECURITY, DRIVER'S LICENSE, OR PERSONAL IDENTIFICATION NUMBER ON PROVISIONAL BALLOT AFFIDAVIT. A social security number, Texas driver's license number, or number of a personal identification card issued by the Department of Public Safety furnished on a provisional ballot affidavit is confidential and does not constitute public information for purposes of Chapter 552, Government Code. The general custodian of election records shall ensure that a social security number, Texas driver's license number, or number of a personal identification card issued by the Department of Public Safety is excluded from disclosure.

Chapter 66

  1. Tex. Election Code Sec. 66.001. GENERAL CUSTODIAN OF ELECTION RECORDS. The general custodian of election records is:

  2. Tex. Election Code Sec. 66.002. PRECINCT ELECTION RECORDS. In this chapter, "precinct election records" means the precinct election returns, voted ballots, and other records of an election that are assembled and distributed under this chapter.

  3. Tex. Election Code Sec. 66.0021. ELECTION DAY VOTE TOTAL FOR CERTAIN ELECTIONS.

  4. Tex. Election Code Sec. 66.003. ENVELOPES FOR DISTRIBUTION OF RECORDS.

  5. Tex. Election Code Sec. 66.004. POLLING PLACE CHECKLISTS. The secretary of state shall adopt rules and create a checklist or similar guidelines to assist the presiding judge of a polling place in processing forms and conducting procedures required by this code at the opening and closing of the polling place.

  6. Tex. Election Code Sec. 66.005. POST ELECTION RECONCILIATION.

  7. Tex. Election Code Sec. 66.006. PRODUCTION AND PRESERVATION OF CERTAIN REPORTS FROM ELECTRONIC DEVICES TO ACCEPT VOTERS.

  8. Tex. Election Code Sec. 66.021. ASSEMBLING ELECTION RECORDS.

  9. Tex. Election Code Sec. 66.022. CONTENTS OF ENVELOPE NO. 1. Envelope no. 1 must contain:

  10. Tex. Election Code Sec. 66.023. CONTENTS OF ENVELOPE NO. 2. Envelope no. 2 must contain:

  11. Tex. Election Code Sec. 66.024. CONTENTS OF ENVELOPE NO. 3. Envelope no. 3 must contain:

  12. Tex. Election Code Sec. 66.0241. CONTENTS OF ENVELOPE NO. 4. Envelope no. 4 must contain:

  13. Tex. Election Code Sec. 66.025. CONTENTS OF BALLOT BOX NO. 3.

  14. Tex. Election Code Sec. 66.026. CONTENTS OF BALLOT BOX NO. 4. Ballot box no. 4 must contain:

  15. Tex. Election Code Sec. 66.051. DISTRIBUTION OF ELECTION RECORDS.

  16. Tex. Election Code Sec. 66.052. DELIVERY BY ELECTION CLERK. A delivery of election records or supplies that is to be performed by the presiding judge may be performed by an election clerk designated by the presiding judge.

  17. Tex. Election Code Sec. 66.053. TIME FOR DELIVERING ELECTION RECORDS.

  18. Tex. Election Code Sec. 66.054. FAILURE TO DELIVER ELECTION RETURNS AND VOTED BALLOTS.

  19. Tex. Election Code Sec. 66.055. JUDICIAL IMPOUNDMENT OF ELECTION RECORDS.

  20. Tex. Election Code Sec. 66.056. UNOFFICIAL TABULATION OF PRECINCT RESULTS.

  21. Tex. Election Code Sec. 66.057. REGULATING PUBLIC INSPECTION OF CERTAIN ELECTION RECORDS.

  22. Tex. Election Code Sec. 66.058. PRESERVATION OF PRECINCT ELECTION RECORDS.

  23. Tex. Election Code Sec. 66.059. RETRIEVING ERRONEOUSLY PLACED ELECTION RECORDS.

  24. Tex. Election Code Sec. 66.060. DELIVERY AND PRESERVATION OF KEY TO BALLOT BOX NO. 3.

  25. Tex. Election Code Sec. 66.061. CUSTODY OF LIST OF REGISTERED VOTERS TO BE REUSED IN SUBSEQUENT ELECTION. The custodian of a precinct list of registered voters that is to be reused in a subsequent election occurring during the preservation period shall return the list to the authority responsible for delivering the election supplies not earlier than the fourth day before the date it is needed for the subsequent election.

  26. Tex. Election Code Sec. 66.062. RETURNING EQUIPMENT AND SUPPLIES.

Chapter 67

  1. Tex. Election Code Sec. 67.001. APPLICABILITY OF CHAPTER. This chapter applies to each general or special election conducted in this state.

  2. Tex. Election Code Sec. 67.002. CANVASS OF PRECINCT RETURNS.

  3. Tex. Election Code Sec. 67.003. TIME FOR LOCAL CANVASS.

  4. Tex. Election Code Sec. 67.004. PROCEDURE FOR LOCAL CANVASS.

  5. Tex. Election Code Sec. 67.005. DETERMINING OFFICIAL RESULT OF ELECTION NOT CANVASSED AT STATE LEVEL.

  6. Tex. Election Code Sec. 67.006. LOCAL ELECTION REGISTER.

  7. Tex. Election Code Sec. 67.007. COUNTY ELECTION RETURNS.

  8. Tex. Election Code Sec. 67.008. SEPARATE COUNTY RETURNS FOR GOVERNOR AND LIEUTENANT GOVERNOR.

  9. Tex. Election Code Sec. 67.009. FORMS AND INSTRUCTIONS FOR COUNTY RETURNS.

  10. Tex. Election Code Sec. 67.010. COUNTY RETURNS CANVASSED BY GOVERNOR.

  11. Tex. Election Code Sec. 67.011. COUNTY RETURNS CANVASSED BY LEGISLATURE.

  12. Tex. Election Code Sec. 67.012. TIME FOR CANVASS BY GOVERNOR.

  13. Tex. Election Code Sec. 67.013. PROCEDURE FOR CANVASS BY GOVERNOR.

  14. Tex. Election Code Sec. 67.014. DETERMINING OFFICIAL RESULT OF ELECTION CANVASSED AT STATE LEVEL. The official result of an election canvassed by the governor or by the legislature is determined from the canvass of the county returns conducted by that authority.

  15. Tex. Election Code Sec. 67.015. STATE ELECTION REGISTER.

  16. Tex. Election Code Sec. 67.016. CERTIFICATE OF ELECTION.

  17. Tex. Election Code Sec. 67.017. REPORTING PRECINCT RESULTS TO SECRETARY OF STATE.

Chapter 68

  1. Tex. Election Code Sec. 68.001. DUTY TO TABULATE GENERALLY.

  2. Tex. Election Code Sec. 68.002. ACCESS TO TABULATION SYSTEM.

  3. Tex. Election Code Sec. 68.003. DISPLAY TERMINALS FOR CERTAIN STATE OFFICERS.

  4. Tex. Election Code Sec. 68.004. PERIODIC REPORTS DURING TABULATION.

  5. Tex. Election Code Sec. 68.005. FINAL REPORTS OF TABULATION.

  6. Tex. Election Code Sec. 68.006. REPORT OF RECEIPT OF COUNTY RESULTS. The secretary of state shall publish a report indicating the times the first and last reports of results from each county were received by the secretary.

  7. Tex. Election Code Sec. 68.007. POSTING REPORTS FOR PUBLIC INSPECTION.

  8. Tex. Election Code Sec. 68.008. BACKUP SYSTEM. The secretary of state shall provide a backup system for the tabulation of the results.

  9. Tex. Election Code Sec. 68.009. OPERATIONS MANUAL. Not later than the 90th day before the date of each election covered by this subchapter, the secretary of state shall prepare an operations manual that explains the procedures to be used by the secretary in tabulating the results.

  10. Tex. Election Code Sec. 68.010. DISPOSITION OF FUNDS. Funds collected under this chapter may be appropriated only to the secretary of state for the administration of this chapter.

  11. Tex. Election Code Sec. 68.011. ADDITIONAL PROCEDURES PRESCRIBED BY SECRETARY OF STATE. The secretary of state shall prescribe any additional procedures necessary to implement the tabulation of unofficial results.

  12. Tex. Election Code Sec. 68.031. APPLICABILITY OF SUBCHAPTER. This subchapter applies to each election covered by Subchapter A in addition to and notwithstanding other provisions of this code.

  13. Tex. Election Code Sec. 68.032. DELIVERY OF RETURNS AND VOTED BALLOTS.

  14. Tex. Election Code Sec. 68.033. COUNTING OF EARLY VOTING BALLOTS. The early voting ballot board shall count the early voting ballots periodically throughout the day.

  15. Tex. Election Code Sec. 68.034. TRANSMISSION OF RESULTS TO SECRETARY OF STATE.

  16. Tex. Election Code Sec. 68.051. MEMBERSHIP.

  17. Tex. Election Code Sec. 68.052. CHAIR AND MEETINGS.

  18. Tex. Election Code Sec. 68.053. REVIEW OF OPERATIONS MANUAL. The committee shall review the operations manual prepared under Section 68.009 and make any recommendations it considers appropriate.

  19. Tex. Election Code Sec. 68.054. MEMBERS PRESENT DURING TABULATION. One or more members chosen by the committee shall be present during the tabulation of the results at each election.

  20. Tex. Election Code Sec. 68.055. EVALUATION AND RECOMMENDATIONS REGARDING TABULATION. The committee shall submit a written report after each election to the secretary of state, governor, lieutenant governor, and speaker of the house of representatives evaluating the tabulation process and making any recommendations it considers appropriate.

Chapter 81

  1. Tex. Election Code Sec. 81.001. EARLY VOTING REQUIRED.

  2. Tex. Election Code Sec. 81.002. APPLICABILITY OF OTHER CODE PROVISIONS. The other titles of this code apply to early voting except provisions that are inconsistent with this title or that cannot feasibly be applied to early voting.

  3. Tex. Election Code Sec. 81.003. SUBSTITUTION OF ELECTRONIC SYSTEM BALLOTS FOR PAPER BALLOTS. In an election in which an electronic voting system is used in regular voting but not for all or part of the early voting, the electronic system ballots prepared for use in regular voting may be used for early voting, if practicable, at the discretion of the authority responsible for having the official ballot prepared for the election.

  4. Tex. Election Code Sec. 81.004. LOCATION OF PUBLIC ELECTION RECORDS. Election records for which the early voting clerk is custodian and that are public information shall be kept:

  5. Tex. Election Code Sec. 81.005. COMMON OR CONTRACT CARRIER.

Chapter 82

  1. Tex. Election Code Sec. 82.001. ABSENCE FROM COUNTY OF RESIDENCE.

  2. Tex. Election Code Sec. 82.002. DISABILITY OR CONFINEMENT FOR CHILDBIRTH.

  3. Tex. Election Code Sec. 82.003. AGE. A qualified voter is eligible for early voting by mail if the voter is 65 years of age or older on election day.

  4. Tex. Election Code Sec. 82.004. CONFINEMENT IN JAIL.

  5. Tex. Election Code Sec. 82.005. ELIGIBILITY FOR EARLY VOTING BY PERSONAL APPEARANCE. Any qualified voter is eligible for early voting by personal appearance.

  6. Tex. Election Code Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY PROGRAM. A qualified voter is eligible for early voting by mail if:

  7. Tex. Election Code Sec. 82.008. INVOLUNTARY CIVIL COMMITMENT. A qualified voter is eligible for early voting by mail if, at the time the voter's early voting ballot application is submitted, the voter is a person who is civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code, and is ordered as a condition of civil commitment to reside in a facility operated by or under contract with the Texas Civil Commitment Office.

Chapter 83

  1. Tex. Election Code Sec. 83.001. EARLY VOTING CLERK GENERALLY.

  2. Tex. Election Code Sec. 83.002. COUNTY CLERK AS EARLY VOTING CLERK. The county clerk is the early voting clerk for the county in:

  3. Tex. Election Code Sec. 83.003. CLERK FOR LESS-THAN-COUNTYWIDE ELECTIONS HELD AT COUNTY EXPENSE.

  4. Tex. Election Code Sec. 83.004. CLERK FOR ELECTIONS ORDERED BY COUNTY AUTHORITY NOT HELD AT COUNTY EXPENSE.

  5. Tex. Election Code Sec. 83.005. CLERK FOR CITY ELECTIONS. The city secretary is the early voting clerk for an election ordered by an authority of a city.

  6. Tex. Election Code Sec. 83.006. CLERK FOR ELECTIONS OF OTHER POLITICAL SUBDIVISIONS.

  7. Tex. Election Code Sec. 83.007. CLERK FOR OTHER ELECTIONS.

  8. Tex. Election Code Sec. 83.008. ADDITIONAL CLERKS FOR CERTAIN ELECTIONS.

  9. Tex. Election Code Sec. 83.009. EMPLOYEE OF POLITICAL SUBDIVISION SERVING AS CLERK. An employee of a political subdivision may serve as early voting clerk in an election affecting the political subdivision if the political subdivision's governing body approves the appointment.

  10. Tex. Election Code Sec. 83.010. PUBLIC NOTICE OF CLERK'S MAILING ADDRESS. An election order and the election notice must state the early voting clerk's official mailing address or street address at which the clerk may receive delivery by common or contract carrier, if different, phone number, e-mail address, and Internet website, if the early voting clerk has an Internet website.

  11. Tex. Election Code Sec. 83.011. OFFICE HOURS ON ELECTION DAY. The early voting clerk's office shall remain open for early voting activities during the hours the polls are required to be open for voting on election day.

  12. Tex. Election Code Sec. 83.012. STUDENT EARLY VOTING CLERKS.

  13. Tex. Election Code Sec. 83.031. DEPUTY EARLY VOTING CLERK GENERALLY.

  14. Tex. Election Code Sec. 83.032. DEPUTY FOR COUNTY CLERK OR CITY SECRETARY.

  15. Tex. Election Code Sec. 83.033. DEPUTY FOR OTHER CLERKS.

  16. Tex. Election Code Sec. 83.034. EMPLOYEE OF POLITICAL SUBDIVISION SERVING AS DEPUTY. An employee of a political subdivision may serve as deputy early voting clerk in an election affecting the political subdivision if the political subdivision's governing body approves the appointment.

  17. Tex. Election Code Sec. 83.051. COMPENSATION OF COUNTY CLERK OR CITY SECRETARY. A county clerk or a city secretary is not entitled to receive additional compensation for serving as early voting clerk.

  18. Tex. Election Code Sec. 83.052. COMPENSATION OF OTHER CLERKS AND THEIR DEPUTIES. An early voting clerk who is not a county clerk or city secretary and the deputy early voting clerks appointed to assist the clerk are entitled to compensation in an amount fixed by the authority ordering the election.

  19. Tex. Election Code Sec. 83.053. SERVICE WITHOUT COMPENSATION BY PUBLIC EMPLOYEE.

Chapter 84

  1. Tex. Election Code Sec. 84.001. APPLICATION REQUIRED.

  2. Tex. Election Code Sec. 84.002. CONTENTS OF APPLICATION.

  3. Tex. Election Code Sec. 84.0021. CONTENTS OF APPLICATION FOR PARTICIPANT IN ADDRESS CONFIDENTIALITY PROGRAM; CONFIDENTIAL INFORMATION.

  4. Tex. Election Code Sec. 84.003. SIGNING APPLICATION BY WITNESS; ASSISTING APPLICANT.

  5. Tex. Election Code Sec. 84.004. UNLAWFULLY WITNESSING APPLICATION FOR MORE THAN ONE APPLICANT.

  6. Tex. Election Code Sec. 84.0041. FRAUDULENT USE OF APPLICATION FOR BALLOT BY MAIL.

  7. Tex. Election Code Sec. 84.005. APPLICATION COMPONENTS. Each document that contains information required for an early voting ballot application and that is submitted to the early voting clerk and any envelope in which an application is submitted are part of the early voting ballot application.

  8. Tex. Election Code Sec. 84.007. SUBMITTING APPLICATION FOR BALLOT VOTED BY MAIL: GENERAL RULE.

  9. Tex. Election Code Sec. 84.008. SUBMITTING APPLICATION FOR BALLOT VOTED BY MAIL: PERSONAL DELIVERY.

  10. Tex. Election Code Sec. 84.009. SUBMITTING APPLICATION FOR BALLOT VOTED BY MAIL: CONFINEMENT IN JAIL.

  11. Tex. Election Code Sec. 84.010. PRESERVATION OF APPLICATION. Each early voting ballot application shall be preserved after the election for the period for preserving the precinct election records.

  12. Tex. Election Code Sec. 84.011. OFFICIAL APPLICATION FORM.

  13. Tex. Election Code Sec. 84.0111. DISTRIBUTION OF APPLICATION FORM.

  14. Tex. Election Code Sec. 84.0112. OFFICIAL APPLICATION FORM INSTRUCTIONS.

  15. Tex. Election Code Sec. 84.012. CLERK TO MAIL APPLICATION FORM ON REQUEST. The early voting clerk shall mail without charge an appropriate official application form for an early voting ballot to each applicant requesting the clerk to send the applicant an application form.

  16. Tex. Election Code Sec. 84.0121. CLERK TO POST APPLICATION FORM ONLINE.

  17. Tex. Election Code Sec. 84.013. APPLICATION FORMS FURNISHED BY SECRETARY OF STATE.

  18. Tex. Election Code Sec. 84.014. ACTION BY EARLY VOTING CLERK ON CERTAIN APPLICATIONS. If an applicant provides a date of birth, driver's license number, or social security number on the applicant's application for an early voting ballot to be voted by mail that is different from or in addition to the information maintained by the voter registrar in accordance with Title 2, the early voting clerk shall notify the voter registrar. The voter registrar shall update the voter's record with the information provided by the applicant.

  19. Tex. Election Code Sec. 84.031. CANCELLATION OF APPLICATION.

  20. Tex. Election Code Sec. 84.032. REQUEST FOR CANCELLATION.

  21. Tex. Election Code Sec. 84.033. ACTION ON REQUEST.

  22. Tex. Election Code Sec. 84.034. NOTICE OF DENIAL. Immediately after denying a cancellation request, the election officer shall notify the applicant of the denial. The notice must state the reason for the denial.

  23. Tex. Election Code Sec. 84.035. BALLOT SENT TO APPLICANT.

  24. Tex. Election Code Sec. 84.036. DISPOSITION OF RETURNED BALLOT.

  25. Tex. Election Code Sec. 84.037. PRESERVATION OF DOCUMENTS.

  26. Tex. Election Code Sec. 84.038. CANCELLATION EFFECTIVE FOR SINGLE ELECTION. The cancellation of an application for a ballot to be voted by mail under Section 84.032(c), (d), or

Chapter 85

  1. Tex. Election Code Sec. 85.001. EARLY VOTING PERIOD.

  2. Tex. Election Code Sec. 85.002. MAIN EARLY VOTING POLLING PLACE.

  3. Tex. Election Code Sec. 85.003. VOTERS SERVED BY MAIN POLLING PLACE. Any person entitled to vote an early voting ballot by personal appearance may do so at the main early voting polling place.

  4. Tex. Election Code Sec. 85.004. PUBLIC NOTICE OF MAIN POLLING PLACE LOCATION. The election order and the election notice must designate and state the location of the main early voting polling place.

  5. Tex. Election Code Sec. 85.005. REGULAR DAYS AND HOURS FOR VOTING.

  6. Tex. Election Code Sec. 85.006. VOTING ON SATURDAY OR SUNDAY.

  7. Tex. Election Code Sec. 85.007. PUBLIC NOTICE OF TIME FOR VOTING.

  8. Tex. Election Code Sec. 85.008. DAYS AND HOURS FOR VOTING: ELECTION IN CERTAIN CITIES.

  9. Tex. Election Code Sec. 85.009. ELECTION OFFICERS FOR GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.

  10. Tex. Election Code Sec. 85.0091. EARLY VOTING ELECTION OFFICERS FOR PRIMARY ELECTIONS.

  11. Tex. Election Code Sec. 85.010. EARLY VOTING POLLING PLACE FOR CERTAIN ELECTIONS HELD BY POLITICAL SUBDIVISIONS.

  12. Tex. Election Code Sec. 85.031. ACCEPTING VOTER.

  13. Tex. Election Code Sec. 85.0311. EARLY VOTING CLERK TO SIGN BALLOTS.

  14. Tex. Election Code Sec. 85.032. SECURITY OF EARLY VOTING BALLOT BOX.

  15. Tex. Election Code Sec. 85.033. SECURITY OF VOTING MACHINE. At the close of early voting each day, the early voting clerk shall secure each voting machine used for early voting in the manner prescribed by the secretary of state so that its unauthorized operation is prevented. The clerk shall unsecure the machine before the beginning of early voting the following day.

  16. Tex. Election Code Sec. 85.034. VOTER UNABLE TO ENTER POLLING PLACE. Early voting by personal appearance by a voter who is voting outside the early voting polling place shall be conducted pursuant to Section 64.009.

  17. Tex. Election Code Sec. 85.035. ASSISTING VOTER. A person voting an early voting ballot by personal appearance who is assisted in preparing the ballot by election officers under Subchapter B, Chapter 64, may be assisted by a single officer.

  18. Tex. Election Code Sec. 85.036. ELECTIONEERING.

  19. Tex. Election Code Sec. 85.037. BYSTANDERS EXCLUDED; UNLAWFUL PRESENCE OF CANDIDATE. Section 61.001 applies to an early voting polling place except that the period for which the conduct is proscribed is during the time the polling place is open for the conduct of early voting.

  20. Tex. Election Code Sec. 85.061. PERMANENT BRANCH POLLING PLACE.

  21. Tex. Election Code Sec. 85.062. TEMPORARY BRANCH POLLING PLACE.

  22. Tex. Election Code Sec. 85.063. DAYS AND HOURS FOR VOTING: PERMANENT BRANCH. Early voting by personal appearance at each permanent branch polling place shall be conducted on the same days and during the same hours as voting is conducted at the main early voting polling place.

  23. Tex. Election Code Sec. 85.064. DAYS AND HOURS FOR VOTING: TEMPORARY BRANCH.

  24. Tex. Election Code Sec. 85.066. VOTERS SERVED BY BRANCH POLLING PLACE.

  25. Tex. Election Code Sec. 85.067. PUBLIC NOTICE OF BRANCH VOTING SCHEDULE.

  26. Tex. Election Code Sec. 85.068. PUBLIC NOTICE OF ADDITIONAL VOTING TIME ORDERED BY CLERK.

  27. Tex. Election Code Sec. 85.070. DELIVERY OF APPLICATIONS TO MAIN POLLING PLACE. Each early voting ballot application submitted at a branch polling place shall be delivered by an election officer to the main polling place not later than 1 p.m. on the day after the date the application is submitted.

  28. Tex. Election Code Sec. 85.071. DELIVERY OF BALLOTS TO MAIN POLLING PLACE.

  29. Tex. Election Code Sec. 85.072. BRANCH DAILY REGISTER.

Chapter 86

  1. Tex. Election Code Sec. 86.001. REVIEWING APPLICATION AND PROVIDING BALLOT.

  2. Tex. Election Code Sec. 86.0015. ANNUAL BALLOTS BY MAIL.

  3. Tex. Election Code Sec. 86.002. ADDITIONAL BALLOTING MATERIALS.

  4. Tex. Election Code Sec. 86.003. METHOD OF PROVIDING BALLOT TO VOTER: REQUIRED ADDRESS.

  5. Tex. Election Code Sec. 86.004. TIME FOR PROVIDING BALLOT TO VOTER.

  6. Tex. Election Code Sec. 86.005. MARKING AND SEALING BALLOT.

  7. Tex. Election Code Sec. 86.0051. UNLAWFUL CARRIER ENVELOPE ACTION BY PERSON OTHER THAN VOTER.

  8. Tex. Election Code Sec. 86.0052. COMPENSATION FOR CARRIER ENVELOPE ACTION PROHIBITED.

  9. Tex. Election Code Sec. 86.006. METHOD OF RETURNING MARKED BALLOT.

  10. Tex. Election Code Sec. 86.007. DEADLINE FOR RETURNING MARKED BALLOT.

  11. Tex. Election Code Sec. 86.008. OPPORTUNITY TO CORRECT DEFECT: APPLICATION.

  12. Tex. Election Code Sec. 86.009. PROVIDING CORRECTED BALLOT TO VOTER.

  13. Tex. Election Code Sec. 86.010. UNLAWFULLY ASSISTING VOTER VOTING BALLOT BY MAIL.

  14. Tex. Election Code Sec. 86.0105. COMPENSATION FOR ASSISTING VOTERS PROHIBITED.

  15. Tex. Election Code Sec. 86.011. ACTION BY CLERK ON RETURN OF BALLOT.

  16. Tex. Election Code Sec. 86.012. OFFICIAL BALLOT ENVELOPE.

  17. Tex. Election Code Sec. 86.013. OFFICIAL CARRIER ENVELOPE.

  18. Tex. Election Code Sec. 86.014. PUBLIC INSPECTION OF EARLY VOTING RECORDS.

  19. Tex. Election Code Sec. 86.015. ELECTRONIC TRACKING OF APPLICATION FOR BALLOT VOTED BY MAIL OR BALLOT VOTED BY MAIL.

Chapter 87

  1. Tex. Election Code Sec. 87.001. BOARD CREATED; JURISDICTION. An early voting ballot board shall be created in each election to process early voting results from the territory served by the early voting clerk.

  2. Tex. Election Code Sec. 87.002. COMPOSITION OF BOARD.

  3. Tex. Election Code Sec. 87.003. ELIGIBILITY FOR BOARD MEMBERSHIP. To be eligible for appointment to the early voting ballot board, a person must meet the requirements for eligibility for service as a presiding election judge, except that the appointee must be a qualified voter of the territory served by the early voting clerk and is not required to be a qualified voter of any other particular territory.

  4. Tex. Election Code Sec. 87.0031. TRAINING. The secretary of state shall provide a standardized training program and materials for members of an early voting ballot board in the same manner it provides such a program under Subchapter F, Chapter 32.

  5. Tex. Election Code Sec. 87.004. BOARD COMPOSED OF PRECINCT ELECTION OFFICERS. In an election other than the general election for state and county officers or a primary election, the authority ordering the election may direct by resolution, order, or other official action that the precinct election officers serving one of the election precincts also serve as the early voting ballot board for the election. In that case, the presiding election judge of the precinct serves as the board's presiding officer.

  6. Tex. Election Code Sec. 87.005. COMPENSATION OF MEMBERS.

  7. Tex. Election Code Sec. 87.006. EARLY VOTING BALLOT BOARD MEMBERS: OATH AND IDENTIFICATION.

  8. Tex. Election Code Sec. 87.021. BALLOTS AND OTHER MATERIALS DELIVERED TO BOARD. The early voting clerk shall deliver to the early voting ballot board:

  9. Tex. Election Code Sec. 87.0211. ELECTRONIC DELIVERY OF MATERIALS RECORDED ELECTRONICALLY. If ballot materials and ballot applications are recorded electronically as provided by Section 87.126, the early voting clerk may deliver those materials to the early voting ballot board through electronic means.

  10. Tex. Election Code Sec. 87.022. TIME OF DELIVERY: GENERAL RULE. Except as provided by Section 87.0221, 87.0222, 87.023, or 87.024, the materials shall be delivered to the early voting ballot board under this subchapter during the time the polls are open on election day, or as soon after the polls close as practicable, at the time or times specified by the presiding judge of the board.

  11. Tex. Election Code Sec. 87.0221. TIME OF DELIVERY: PAPER BALLOTS.

  12. Tex. Election Code Sec. 87.0222. TIME OF DELIVERY: BALLOTS VOTED BY MAIL.

  13. Tex. Election Code Sec. 87.0223. TIME OF DELIVERY: BALLOTS SENT OUT BY REGULAR MAIL AND E-MAIL.

  14. Tex. Election Code Sec. 87.023. TIME OF DELIVERY: AUTOMATICALLY COUNTED BALLOTS.

  15. Tex. Election Code Sec. 87.024. TIME OF DELIVERY: VOTING MACHINE ELECTION.

  16. Tex. Election Code Sec. 87.0241. PROCESSING BALLOTS BEFORE POLLS OPEN.

  17. Tex. Election Code Sec. 87.025. DELIVERING SECOND BALLOT BOX KEY TO BOARD. On request of the presiding officer of the early voting ballot board, the custodian of the key to the second lock on the early voting ballot boxes shall deliver the custodian's key for each box to the presiding officer.

  18. Tex. Election Code Sec. 87.026. BYSTANDERS EXCLUDED.

  19. Tex. Election Code Sec. 87.027. SIGNATURE VERIFICATION COMMITTEE.

  20. Tex. Election Code Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE VERIFICATION COMMITTEE.

  21. Tex. Election Code Sec. 87.0272. TRAINING. The secretary of state shall provide a standardized training program and materials for members of a signature verification committee in the same manner it provides such a program under Subchapter F, Chapter 32.

  22. Tex. Election Code Sec. 87.028. ACCESS TO INFORMATION.

  23. Tex. Election Code Sec. 87.041. ACCEPTING VOTER.

  24. Tex. Election Code Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING BALLOT BOARD.

  25. Tex. Election Code Sec. 87.042. DISPOSITION OF ACCEPTED BALLOT.

  26. Tex. Election Code Sec. 87.043. DISPOSITION OF REJECTED BALLOT.

  27. Tex. Election Code Sec. 87.0431. NOTICE OF REJECTED BALLOT.

  28. Tex. Election Code Sec. 87.044. DISPOSITION OF APPLICATION.

  29. Tex. Election Code Sec. 87.061. AUTHORITY RESPONSIBLE FOR COUNTING BALLOTS. The early voting ballot board shall count the early voting ballots that are to be counted manually.

  30. Tex. Election Code Sec. 87.062. COUNTING BALLOTS AND PREPARING RETURNS.

  31. Tex. Election Code Sec. 87.063. DISPOSITION OF BALLOTS AND OTHER ITEMS.

  32. Tex. Election Code Sec. 87.101. DELIVERY OF BALLOTS TO COUNTING STATION. On the direction of the presiding judge, the early voting ballot board shall deliver to the central counting station the container for the early voting electronic system ballots that are to be counted by automatic tabulating equipment at a central counting station. The board shall make the delivery without opening the container and in accordance with the procedure applicable to electronic system ballots cast at a precinct polling place.

  33. Tex. Election Code Sec. 87.102. DUPLICATING PAPER BALLOTS FOR AUTOMATIC COUNTING.

  34. Tex. Election Code Sec. 87.103. COUNTING BALLOTS AND PREPARING RETURNS.

  35. Tex. Election Code Sec. 87.104. DISPOSITION OF EARLY VOTING BALLOT BOARD RETURNS AND OTHER RECORDS. Early voting returns or other early voting election records to be delivered to the central counting station under Section 87.063(b) or 87.084(b) shall be delivered to the appropriate authorities with the counting station records.

  36. Tex. Election Code Sec. 87.121. EARLY VOTING ROSTERS.

  37. Tex. Election Code Sec. 87.122. PRECINCT EARLY VOTING LIST.

  38. Tex. Election Code Sec. 87.1221. DISPOSITION OF BALLOT TRANSMITTAL FORM.

  39. Tex. Election Code Sec. 87.123. DELIVERING OTHER RECORDS AND SUPPLIES. Not later than the second day after election day, the early voting clerk shall deliver:

  40. Tex. Election Code Sec. 87.1231. EARLY VOTING VOTES REPORTED BY PRECINCT. Not later than the time of the local canvass, the early voting clerk shall deliver to the local canvassing authority a report of the total number of early voting votes for each candidate or measure by election precinct. The report may reflect the total for votes by mail and the total for votes by personal appearance.

  41. Tex. Election Code Sec. 87.124. PRESERVATION OF EARLY VOTING ELECTION RECORDS GENERALLY. The early voting election returns, voted early voting ballots, and other early voting election records shall be preserved after the election in the same manner as the corresponding precinct election records.

  42. Tex. Election Code Sec. 87.125. COUNTING OF CERTAIN LATE BALLOTS VOTED BY MAIL.

  43. Tex. Election Code Sec. 87.126. ELECTRONIC RECORDING OF BALLOT MATERIALS AND APPLICATIONS.

  44. Tex. Election Code Sec. 87.127. RESOLUTION OF INCORRECT DETERMINATION BY EARLY VOTING BALLOT BOARD.

  45. Tex. Election Code Sec. 87.128. NOTES.

  46. Tex. Election Code Sec. 87.129. DISPOSITION OF CERTAIN BALLOTS VOTED BY PERSONAL APPEARANCE. Voted early voting ballots retained or delivered to the main early voting polling place under Section 85.071(c)(2) shall be treated as ballots voted on election day at the same polling place for purposes of processing and tabulation under Chapter 65.

Chapter 101

  1. Tex. Election Code Sec. 101.001. ELIGIBILITY. A person is eligible for early voting by mail as provided by this chapter if:

  2. Tex. Election Code Sec. 101.002. GENERAL CONDUCT OF VOTING. Voting under this chapter shall be conducted and the results shall be processed as provided by Subtitle A for early voting by mail, except as otherwise provided by this chapter.

  3. Tex. Election Code Sec. 101.003. DEFINITIONS. In this chapter:

  4. Tex. Election Code Sec. 101.004. NOTING FPCA REGISTRATION ON POLL LIST. For each FPCA registrant accepted to vote, a notation shall be made beside the voter's name on the early voting poll list indicating that the voter is an FPCA registrant.

  5. Tex. Election Code Sec. 101.005. NOTING FPCA REGISTRATION AND E-MAIL ON EARLY VOTING ROSTER. The entry on the early voting roster pertaining to a voter under this chapter who is an FPCA registrant must include a notation indicating that the voter is an FPCA registrant. The early voting clerk shall note on the early voting by mail roster each e-mail of a ballot under Subchapter C.

  6. Tex. Election Code Sec. 101.006. EXCLUDING FPCA REGISTRANT FROM PRECINCT EARLY VOTING LIST. A person to whom a ballot is provided under this chapter is not required to be included on the precinct early voting list if the person is an FPCA registrant.

  7. Tex. Election Code Sec. 101.007. DESIGNATION OF SECRETARY OF STATE.

  8. Tex. Election Code Sec. 101.008. STATUS OF APPLICATION OR BALLOT VOTED. The secretary of state, in coordination with county election officials, shall implement an electronic free-access system by which a person eligible for early voting by mail under this chapter or Chapter 114 may determine by telephone, by e-mail, or over the Internet whether:

  9. Tex. Election Code Sec. 101.051. FORM AND CONTENTS OF APPLICATION. An application for a ballot to be voted under this subchapter must:

  10. Tex. Election Code Sec. 101.052. SUBMITTING APPLICATION.

  11. Tex. Election Code Sec. 101.053. ACTION BY EARLY VOTING CLERK ON CERTAIN APPLICATIONS.

  12. Tex. Election Code Sec. 101.054. APPLYING FOR MORE THAN ONE ELECTION IN SAME APPLICATION.

  13. Tex. Election Code Sec. 101.055. FPCA VOTER REGISTRATION.

  14. Tex. Election Code Sec. 101.056. METHOD OF PROVIDING BALLOT; REQUIRED ADDRESS.

  15. Tex. Election Code Sec. 101.057. RETURN OF VOTED BALLOT.

  16. Tex. Election Code Sec. 101.058. OFFICIAL CARRIER ENVELOPE. The officially prescribed carrier envelope for voting under this subchapter shall be prepared so that it can be mailed free of United States postage, as provided by the federal Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. Sections 20301 through 20311), and must contain the label prescribed by Section 101.056(a) for the envelope in which the balloting materials are sent to a voter. The secretary of state shall provide early voting clerks with instructions on compliance with this section.

  17. Tex. Election Code Sec. 101.101. PURPOSE. The purpose of this subchapter is to implement the federal Military and Overseas Voter Empowerment Act (Pub. L. No. 111-84, Div. A, Title V, Subt. H).

  18. Tex. Election Code Sec. 101.102. REQUEST FOR BALLOTING MATERIALS.

  19. Tex. Election Code Sec. 101.103. CONFIDENTIALITY OF E-MAIL ADDRESS. An e-mail address used under this subchapter to request balloting materials is confidential and does not constitute public information for purposes of Chapter 552, Government Code. An early voting clerk shall ensure that a voter's e-mail address provided under this subchapter is excluded from public disclosure.

  20. Tex. Election Code Sec. 101.104. ELECTIONS COVERED. Balloting materials may be sent by e-mail under this subchapter for any election in which the voter who registers under this chapter is eligible to vote.

  21. Tex. Election Code Sec. 101.105. BALLOTING MATERIALS TO BE SENT BY E-MAIL. Balloting materials to be sent by e-mail under this subchapter include:

  22. Tex. Election Code Sec. 101.106. METHODS OF TRANSMISSION TO VOTER.

  23. Tex. Election Code Sec. 101.107. RETURN OF BALLOT.

  24. Tex. Election Code Sec. 101.108. TRACKING OF BALLOTING MATERIALS. The secretary of state by rule shall create a tracking system under which an FPCA registrant may determine whether a voted ballot has been received by the early voting clerk. Each county that sends ballots to FPCA registrants shall provide information required by the secretary of state to implement the system.

  25. Tex. Election Code Sec. 101.109. RULES.

Chapter 102

  1. Tex. Election Code Sec. 102.001. ELIGIBILITY.

  2. Tex. Election Code Sec. 102.002. CONTENTS OF APPLICATION. An application for a late ballot must comply with the applicable provisions of Section 84.002 and must include or be accompanied by a certificate of a licensed physician or chiropractor or accredited Christian Science practitioner in substantially the following form:

  3. Tex. Election Code Sec. 102.003. SUBMITTING APPLICATION.

  4. Tex. Election Code Sec. 102.004. REVIEWING APPLICATION AND PROVIDING BALLOTING MATERIALS.

  5. Tex. Election Code Sec. 102.005. MARKING AND SEALING BALLOT. A late ballot must be marked and sealed by the voter in the same manner as an early voting ballot voted by mail.

  6. Tex. Election Code Sec. 102.006. METHOD OF RETURNING MARKED BALLOT; DEADLINE.

  7. Tex. Election Code Sec. 102.007. PROCESSING RESULTS. The results of voting under this chapter shall be processed in accordance with the procedures applicable to processing early voting ballots voted by mail.

  8. Tex. Election Code Sec. 102.008. ENTRY ON EARLY VOTING ROSTER. The early voting roster must include the name of each person to whom a late ballot is provided with a notation indicating that the ballot was a late ballot under this chapter.

  9. Tex. Election Code Sec. 102.009. ENTRY ON PRECINCT EARLY VOTING LIST. The precinct early voting list must contain the name of each person to whom a late ballot has been provided as of the time of delivery of the list.

Chapter 103

  1. Tex. Election Code Sec. 103.001. ELIGIBILITY.

  2. Tex. Election Code Sec. 103.002. FORM AND CONTENTS OF APPLICATION. An application for a late ballot must:

  3. Tex. Election Code Sec. 103.003. SUBMITTING APPLICATION.

  4. Tex. Election Code Sec. 103.004. VOTING PROCEDURE; PROCESSING RESULTS.

  5. Tex. Election Code Sec. 103.005. ENTRY ON EARLY VOTING ROSTER. The early voting roster must include the name of each person voting a late ballot with a notation indicating that the late ballot was voted under this chapter.

  6. Tex. Election Code Sec. 103.006. ENTRY ON PRECINCT EARLY VOTING LIST. The precinct early voting list must contain the name of each person who has voted a late ballot as of the time of delivery of the list.

Chapter 104

  1. Tex. Election Code Sec. 104.001. ELIGIBILITY. A qualified voter in whose precinct polling place voting is conducted by voting machine is eligible to vote by the early voting procedure provided by this chapter if the voter has a sickness or physical condition that prevents the voter from voting in the regular manner without personal assistance or a likelihood of injuring the voter's health.

  2. Tex. Election Code Sec. 104.002. FORM AND CONTENTS OF APPLICATION. An application for a ballot voted under this chapter must:

  3. Tex. Election Code Sec. 104.003. TIME AND PLACE FOR VOTING. Voting under this chapter shall be conducted on election day, beginning at 7 a.m. and concluding at 7 p.m., at the main early voting polling place. However, if the early voting ballots voted by mail are processed at a location other than the main early voting polling place, the early voting clerk may require the voting to be conducted at that location.

  4. Tex. Election Code Sec. 104.004. VOTING PROCEDURE.

  5. Tex. Election Code Sec. 104.005. PROCESSING RESULTS. The results of voting under this chapter shall be processed in accordance with the procedures applicable to processing early voting ballots voted by mail.

  6. Tex. Election Code Sec. 104.006. ENTRY ON EARLY VOTING ROSTER. The early voting roster must include the name of each person voting under this chapter with a notation indicating that the person voted under this chapter.

Chapter 105

  1. Tex. Election Code Sec. 105.001. ELECTRONIC TRANSMISSION OF COMPLETED BALLOT.

  2. Tex. Election Code Sec. 105.003. USE OF FEDERAL WRITE-IN ABSENTEE BALLOT FOR ELECTIONS FOR FEDERAL OFFICE. The secretary of state shall prescribe procedures to allow a voter who qualifies to vote by a federal write-in absentee ballot to vote through use of a federal write-in absentee ballot in:

  3. Tex. Election Code Sec. 105.004. E-MAIL BALLOT PROGRAM.

Chapter 106

  1. Tex. Election Code Sec. 106.001. APPLICABILITY. This chapter applies only to a person who:

  2. Tex. Election Code Sec. 106.002. VOTING PERMITTED. The secretary of state shall prescribe procedures for voting from space on election day by secure electronic means by persons to whom this chapter applies. The procedures may provide for:

Chapter 111

  1. Tex. Election Code Sec. 111.001. RESTRICTED BALLOT. In this subtitle, "restricted ballot" means a ballot that is restricted to the offices and propositions stating measures on which a person is entitled to vote under Chapter 112, 113, or 114.

  2. Tex. Election Code Sec. 111.002. GENERAL CONDUCT OF VOTING. The voting of restricted ballots under this subtitle shall be conducted and the results of voting shall be processed as provided by Subtitle A for early voting, except as otherwise provided by this subtitle.

  3. Tex. Election Code Sec. 111.003. APPLICATION REQUIRED.

  4. Tex. Election Code Sec. 111.004. CONTENTS OF APPLICATION. An application for a restricted ballot must include, in addition to the information required by the applicable provisions of Section 84.002, the information necessary to indicate that the applicant is eligible to vote the restricted ballot requested.

  5. Tex. Election Code Sec. 111.005. PREPARING RESTRICTED BALLOT.

  6. Tex. Election Code Sec. 111.006. MANUALLY COUNTING ELECTRONIC SYSTEM BALLOT. If a restricted electronic system ballot cannot be automatically counted with other electronic system ballots voted in the election that are to be counted automatically, the restricted ballot shall be counted manually.

  7. Tex. Election Code Sec. 111.007. RESTRICTED BALLOT ROSTER.

  8. Tex. Election Code Sec. 111.008. NOTING RESTRICTED BALLOT VOTER ON POLL LIST AND REGISTERED VOTER LIST. For each voter accepted to vote a restricted ballot, a notation shall be made beside the voter's name on the early voting poll list indicating that a restricted ballot was voted and the type of restricted ballot. If the voter's name appears on the list of registered voters used for conducting early voting, a similar notation shall be made on that list unless the form of the list makes it impracticable to do so.

  9. Tex. Election Code Sec. 111.009. EXCLUDING VOTER FROM PRECINCT EARLY VOTING LIST. The name of a person voting a limited ballot by personal appearance under Chapter 112 or to whom a limited or federal ballot to be voted by mail is provided under Chapter 112 or 114 is not required to be included on the precinct early voting list.

Chapter 112

  1. Tex. Election Code Sec. 112.001. LIMITED BALLOT. In this code, "limited ballot" means a ballot voted under this chapter that is restricted to the offices and propositions stating measures on which a person is entitled to vote under Section 112.004.

  2. Tex. Election Code Sec. 112.002. ELIGIBILITY.

  3. Tex. Election Code Sec. 112.003. RESIDENCE IN PRECINCT SITUATED IN MORE THAN ONE COUNTY. A person who changes county of residence may vote in the regular manner in an election ordered by an authority of a political subdivision situated in more than one county if the person resides in the same election precinct both before and after changing county of residence and the person's voter registration in the county of former residence is effective at the time the person offers to vote.

  4. Tex. Election Code Sec. 112.004. OFFICES AND MEASURES ON WHICH VOTER ENTITLED TO VOTE. A person voting a limited ballot is entitled to vote only on:

  5. Tex. Election Code Sec. 112.005. SUBMITTING APPLICATION FOR MAIL BALLOT. An application for a limited ballot to be voted by mail must be submitted to the early voting clerk serving the election precinct in which the applicant resides.

  6. Tex. Election Code Sec. 112.006. PLACE FOR VOTING BY PERSONAL APPEARANCE. A person may vote a limited ballot by personal appearance only at the main early voting polling place.

  7. Tex. Election Code Sec. 112.007. VERIFYING REGISTRATION STATUS OF APPLICANT FOR BALLOT. Before accepting an applicant to vote a limited ballot or, in the case of an application for a limited ballot to be voted by mail, before providing a ballot to the applicant, the early voting clerk shall verify, if possible, that the applicant does not have an effective voter registration in the county of new residence. If the person has applied in the county of new residence for a voter registration that will be effective on or before election day, the limited ballot application shall be rejected.

  8. Tex. Election Code Sec. 112.008. DETERMINING OFFICES AND MEASURES TO BE VOTED ON. For each person who is to vote a limited ballot, the early voting clerk shall determine the offices and propositions stating measures on which the person is entitled to vote and shall indicate them on the person's application.

  9. Tex. Election Code Sec. 112.009. PREPARING VOTING MACHINE. Before permitting a person to vote a limited ballot on a voting machine, the early voting clerk shall adjust the machine so that votes may be cast only on the offices and propositions stating measures on which the voter is entitled to vote.

  10. Tex. Election Code Sec. 112.010. SUBSTITUTING MAIL BALLOTS FOR VOTING MACHINE.

  11. Tex. Election Code Sec. 112.011. INFORMATION ON DISTRICT COMPOSITION.

  12. Tex. Election Code Sec. 112.012. NOTIFICATION TO VOTER REGISTRAR. Not later than the 30th day after receipt of an application for a limited ballot, the early voting clerk shall notify the voter registrar for the voter's former county of residence that the voter has applied for a limited ballot.

Chapter 113

  1. Tex. Election Code Sec. 113.001. PRESIDENTIAL BALLOT. In this chapter, "presidential ballot" means a ballot voted under this chapter that is restricted to the offices of president and vice-president of the United States.

  2. Tex. Election Code Sec. 113.002. ELIGIBILITY. A former resident of this state is eligible to vote a presidential ballot in the presidential general election by personal appearance or by mail if the former resident:

  3. Tex. Election Code Sec. 113.003. SUBMITTING APPLICATION FOR MAIL BALLOT. An application for a presidential ballot to be voted by mail must be submitted to the early voting clerk serving the county of the applicant's most recent registration to vote by the deadline prescribed by Section 84.007.

  4. Tex. Election Code Sec. 113.004. TIME AND PLACE FOR VOTING BY PERSONAL APPEARANCE.

  5. Tex. Election Code Sec. 113.005. PERSONAL APPEARANCE VOTING; PROCESSING RESULTS.

  6. Tex. Election Code Sec. 113.006. CANCELING REGISTRATION. As soon as practicable after the close of voting, the early voting clerk shall notify the voter registrar of the name of each person who applied for a presidential ballot whose name appears on the list of registered voters. On receipt of the notice, the voter registrar shall cancel the voter's registration.

Chapter 114

  1. Tex. Election Code Sec. 114.001. DEFINITIONS. In this chapter:

  2. Tex. Election Code Sec. 114.002. ELIGIBILITY. A United States citizen dwelling outside the United States is eligible to vote a federal ballot by mail if:

  3. Tex. Election Code Sec. 114.003. OFFICES ON WHICH VOTER ENTITLED TO VOTE. A person voting a federal ballot is entitled to vote only on each federal office to be voted on in the election precinct of the person's most recent domicile in this state.

  4. Tex. Election Code Sec. 114.004. APPLICATION.

  5. Tex. Election Code Sec. 114.005. APPLYING FOR MORE THAN ONE ELECTION IN SAME APPLICATION. The provisions governing the application for ballots for more than one election by a single federal postcard application under Chapter 101 apply to a federal ballot application.

  6. Tex. Election Code Sec. 114.006. DETERMINING OFFICES TO BE VOTED ON. For each voter who is to vote a federal ballot, the early voting clerk shall determine the federal offices on which the voter is entitled to vote and indicate them on the application or the jacket envelope.

  7. Tex. Election Code Sec. 114.007. METHOD OF PROVIDING BALLOT; REQUIRED ADDRESS; RETURN OF BALLOT.

  8. Tex. Election Code Sec. 114.008. OFFICIAL CARRIER ENVELOPE. The officially prescribed carrier envelope for voting under this chapter shall be labeled "Official Election Balloting Material--via Airmail."

Chapter 121

  1. Tex. Election Code Sec. 121.001. APPLICABILITY OF OTHER PARTS OF CODE. The other titles of this code apply to an election in which a voting system is used except to the extent that a provision is inconsistent with this title or cannot feasibly be applied in an election using a voting system.

  2. Tex. Election Code Sec. 121.002. PECUNIARY INTEREST OF SECRETARY OF STATE. The secretary of state may not have a pecuniary interest in the manufacturing or marketing of voting system equipment or software necessary for the operation of a voting system.

  3. Tex. Election Code Sec. 121.003. DEFINITIONS. In this title:

  4. Tex. Election Code Sec. 121.004. COMMUNICATIONS WITH VOTING SYSTEMS VENDOR PUBLIC INFORMATION.

Chapter 122

  1. Tex. Election Code Sec. 122.001. VOTING SYSTEM STANDARDS.

  2. Tex. Election Code Sec. 122.002. INSPECTION OF VOTING SYSTEMS AND EQUIPMENT BY SECRETARY OF STATE. The secretary of state may inspect at any time, including the day of an election, a voting system or the voting system equipment used in an election to determine whether the system or equipment complies with applicable standards or deviates from the system or equipment approved by the secretary.

  3. Tex. Election Code Sec. 122.003. ACTION BY SECRETARY OF STATE.

  4. Tex. Election Code Sec. 122.004. PREPARATION OF SOFTWARE BY SECRETARY OF STATE.

  5. Tex. Election Code Sec. 122.005. VENUE FOR OFFENSES. Venue for prosecution of an offense under this chapter is in the county in which the offense was committed.

  6. Tex. Election Code Sec. 122.031. APPROVAL OF SYSTEM AND EQUIPMENT REQUIRED.

  7. Tex. Election Code Sec. 122.032. REQUIREMENTS FOR APPROVAL GENERALLY.

  8. Tex. Election Code Sec. 122.033. ADDITIONAL REQUIREMENTS FOR APPROVAL OF VOTING MACHINE. In addition to other requirements for approval, a voting machine must be equipped with:

  9. Tex. Election Code Sec. 122.0331. ADDITIONAL REQUIREMENTS FOR ELECTRONIC VOTING SYSTEM.

  10. Tex. Election Code Sec. 122.034. APPLICATION FOR APPROVAL AND FEE.

  11. Tex. Election Code Sec. 122.035. APPOINTMENT OF EXAMINERS.

  12. Tex. Election Code Sec. 122.036. EXAMINATION AND REPORT BY EXAMINERS.

  13. Tex. Election Code Sec. 122.037. COMPENSATION OF EXAMINERS.

  14. Tex. Election Code Sec. 122.0371. PUBLIC HEARING REQUIRED.

  15. Tex. Election Code Sec. 122.038. ACTION BY SECRETARY OF STATE.

  16. Tex. Election Code Sec. 122.039. REPORT BY SECRETARY OF STATE.

  17. Tex. Election Code Sec. 122.061. APPROVAL OF MODIFIED DESIGN REQUIRED. Before a voting system or voting system equipment that is modified in design after its approval may be used in an election, the modified design must be approved by the secretary of state as provided by this subchapter.

  18. Tex. Election Code Sec. 122.062. REQUIREMENTS FOR APPROVAL. The requirements for approval of a modified design are the same as those prescribed by Subchapter B for the initial approval of the voting system or voting system equipment.

  19. Tex. Election Code Sec. 122.063. APPLICATION FOR APPROVAL. A person desiring approval of a modified design must submit a written application for approval to the secretary of state.

  20. Tex. Election Code Sec. 122.064. REVIEW OF APPLICATION.

  21. Tex. Election Code Sec. 122.065. REVIEW AND EXAMINATION OF ADDITIONAL MATERIAL.

  22. Tex. Election Code Sec. 122.066. EXAMINATION FEE.

  23. Tex. Election Code Sec. 122.067. APPOINTMENT OF EXAMINERS.

  24. Tex. Election Code Sec. 122.068. EXAMINATION AND REPORT BY EXAMINERS. The examiners shall examine the modified system or equipment and prepare and deliver examination reports in the same manner as for an application for initial approval of a system or equipment.

  25. Tex. Election Code Sec. 122.069. COMPENSATION OF EXAMINERS.

  26. Tex. Election Code Sec. 122.0691. PUBLIC HEARING REQUIRED.

  27. Tex. Election Code Sec. 122.070. ACTION BY SECRETARY OF STATE.

  28. Tex. Election Code Sec. 122.071. REPORT BY SECRETARY OF STATE.

  29. Tex. Election Code Sec. 122.091. REEXAMINATION OF APPROVED SYSTEM OR EQUIPMENT AUTHORIZED.

  30. Tex. Election Code Sec. 122.0911. ASSISTANCE REQUIRED BY SECRETARY OF STATE.

  31. Tex. Election Code Sec. 122.092. APPOINTMENT OF EXAMINERS.

  32. Tex. Election Code Sec. 122.093. EXAMINATION AND REPORT BY EXAMINERS.

  33. Tex. Election Code Sec. 122.094. COMPENSATION OF EXAMINERS.

  34. Tex. Election Code Sec. 122.0941. PUBLIC HEARING REQUIRED. After the delivery of the examiners' reports and before the determination of whether the reexamined voting system or voting system equipment satisfies the applicable requirements for approval, the secretary of state shall conduct a public hearing in the same manner as for the initial approval of a system or equipment.

  35. Tex. Election Code Sec. 122.095. ACTION BY SECRETARY OF STATE.

  36. Tex. Election Code Sec. 122.096. EFFECT OF SECRETARY OF STATE'S ACTION.

  37. Tex. Election Code Sec. 122.097. NOTICE OF SECRETARY OF STATE'S ACTION. Not later than the fifth day after the date an order taking action under Section 122.095(c) is issued, the secretary of state shall deliver a copy of the order to the presiding officer of each political subdivision that owns or leases a system or equipment subject to the order.

  38. Tex. Election Code Sec. 122.098. SUBSEQUENT APPROVAL. If a voting system or voting system equipment subject to an order under Section 122.095(c) is subsequently approved under Subchapter B, the approval nullifies the order.

  39. Tex. Election Code Sec. 122.099. REPORT BY SECRETARY OF STATE.

Chapter 123

  1. Tex. Election Code Sec. 123.001. ADOPTION OF VOTING SYSTEM REQUIRED.

  2. Tex. Election Code Sec. 123.002. MODIFICATION OF ADOPTION ACTION. The official action adopting a voting system for use in elections may be modified or rescinded at any time by the adopting authority.

  3. Tex. Election Code Sec. 123.003. RESTRICTING VOTING SYSTEM TO PARTICULAR ELECTIONS. The authority adopting a voting system may restrict its use to any one or more elections.

  4. Tex. Election Code Sec. 123.004. RESTRICTING VOTING SYSTEM TO PARTICULAR POLLING PLACES. The authority adopting a voting system may restrict its use to one or more polling places, subject to Section 123.009.

  5. Tex. Election Code Sec. 123.005. MULTIPLE METHODS OF VOTING AT SAME POLLING PLACE.

  6. Tex. Election Code Sec. 123.006. ADOPTION OF VOTING SYSTEM FOR EARLY VOTING.

  7. Tex. Election Code Sec. 123.007. ADOPTION OF MORE THAN ONE VOTING SYSTEM FOR SAME ELECTION. If more than one kind of voting system is adopted for use at the polling places in the same election, the adopting authority shall determine the polling place or places at which each system is to be used, subject to Section 123.009.

  8. Tex. Election Code Sec. 123.008. REQUIREMENTS REGARDING MANUALS, INSTRUCTIONS, AND OTHER DOCUMENTS FOR USE WITH ELECTRONIC VOTING SYSTEM OR EQUIPMENT.

  9. Tex. Election Code Sec. 123.009. IMPLEMENTATION OF NEW TECHNOLOGY IN CERTAIN ELECTIONS.

  10. Tex. Election Code Sec. 123.031. ACQUISITION OF EQUIPMENT BY COUNTY.

  11. Tex. Election Code Sec. 123.0311. DISCLOSURE OF RELATED ENTITIES.

  12. Tex. Election Code Sec. 123.032. ACQUISITION OF EQUIPMENT BY POLITICAL SUBDIVISION OTHER THAN COUNTY.

  13. Tex. Election Code Sec. 123.033. ACQUISITION OF EQUIPMENT BY POLITICAL PARTY FOR PRIMARY.

  14. Tex. Election Code Sec. 123.034. MAINTENANCE AND STORAGE OF EQUIPMENT.

  15. Tex. Election Code Sec. 123.035. VOTING SYSTEM EQUIPMENT CONTRACT.

  16. Tex. Election Code Sec. 123.036. VENUE FOR OFFENSES. Venue for prosecution of an offense under this chapter is in the county in which the offense was committed.

  17. Tex. Election Code Sec. 123.061. ANNUAL REPORT REQUIRED.

  18. Tex. Election Code Sec. 123.062. FILING PERIOD. The report must be filed on or after July 1 and before July 15.

  19. Tex. Election Code Sec. 123.063. CONTENTS OF REPORT. The report must contain:

  20. Tex. Election Code Sec. 123.064. REVIEW OF REPORT.

  21. Tex. Election Code Sec. 123.065. MANDAMUS BY ATTORNEY GENERAL. The attorney general may seek a writ of mandamus to compel the filing of a report by each authority that fails to comply with this subchapter.

  22. Tex. Election Code Sec. 123.066. ADDITIONAL PROCEDURES PRESCRIBED BY SECRETARY OF STATE. The secretary of state may prescribe any procedures necessary to implement this subchapter.

Chapter 124

  1. Tex. Election Code Sec. 124.002. MANNER OF INDICATING PARTY ALIGNMENT.

  2. Tex. Election Code Sec. 124.003. SEPARATE LISTING OF UNOPPOSED CANDIDATES; BLOC VOTING.

  3. Tex. Election Code Sec. 124.004. SAMPLE BALLOT. The secretary of state may prescribe standards regarding the form, content, preparation, and use of sample ballots for voting systems.

  4. Tex. Election Code Sec. 124.005. SPECIMEN BALLOT.

  5. Tex. Election Code Sec. 124.006. IMPLEMENTATION OF PROVISIONAL BALLOT SYSTEM. The secretary of state shall prescribe the form of a provisional ballot and the necessary procedures to implement the casting of a provisional ballot as described by Section 63.011 and the verification and processing of provisional ballots under Subchapter B, Chapter 65, for each voting system used in this state.

  6. Tex. Election Code Sec. 124.062. FORM OF ELECTRONIC SYSTEM BALLOT.

  7. Tex. Election Code Sec. 124.0621. NO WRITE-IN SPACE PROVIDED ON CERTAIN BALLOTS. If no candidate's name is to appear for a particular office on the list of write-in candidates in an election in which write-in votes may be counted only for names appearing on the list, a write-in space is not required for that office on an electronic system ballot on which a voter indicates a vote by making a mark on the ballot.

  8. Tex. Election Code Sec. 124.063. INSTRUCTIONS REQUIRED ON BALLOT.

  9. Tex. Election Code Sec. 124.064. SEPARATE BALLOT PART FOR WRITE-IN VOTING.

  10. Tex. Election Code Sec. 124.065. PAPER BALLOT FOR OFFICE OF PRECINCT CHAIR.

  11. Tex. Election Code Sec. 124.066. CONSULTATION WITH PROGRAMMER ON BALLOT PREPARATION. In an election in which a programmer is appointed to program automatic tabulating equipment for processing electronic system ballots, the authority responsible for having the official ballot prepared shall confer with the programmer on the proper preparation of the ballots before having them prepared.

Chapter 125

  1. Tex. Election Code Sec. 125.001. ALLOCATION OF EQUIPMENT AMONG POLLING PLACES. The authority responsible for allocating election supplies among the polling places for an election shall determine the number of voting machines or units of other voting system equipment to be installed at each polling place based on:

  2. Tex. Election Code Sec. 125.002. PREPARATION OF EQUIPMENT FOR DELIVERY TO POLLING PLACE. Before voting system equipment is delivered to a polling place for use in an election, the authority responsible for distributing the election supplies to the polling places shall have the equipment put in proper order for use as prescribed by the secretary of state.

  3. Tex. Election Code Sec. 125.003. DELIVERY OF EQUIPMENT TO POLLING PLACES. The secretary of state shall prescribe procedures governing delivery of voting system equipment to polling places to protect the equipment from tampering and damage.

  4. Tex. Election Code Sec. 125.004. INSTALLATION OF EQUIPMENT AT POLLING PLACE.

  5. Tex. Election Code Sec. 125.005. MAINTAINING SECURITY OF EQUIPMENT DURING VOTING.

  6. Tex. Election Code Sec. 125.006. MALFUNCTION OF EQUIPMENT AT POLLING PLACE.

  7. Tex. Election Code Sec. 125.007. ASSISTING VOTER. If a voter who is voting with a voting machine is physically unable to operate the machine, the voter is entitled to assistance under the applicable provisions for assisting voters using regular paper ballots.

  8. Tex. Election Code Sec. 125.008. DEPOSITING THE BALLOT. A voter shall deposit the marked voting system ballot in the ballot box in accordance with the instructions provided at the polling place.

  9. Tex. Election Code Sec. 125.009. TRAINING POLLING PLACE PERSONNEL. The authority adopting a voting system shall provide the election officers serving the polling places at which the voting system is used with the instruction and training necessary for the proper operation of the voting system.

  10. Tex. Election Code Sec. 125.010. PRESENCE OF VOTING SYSTEM TECHNICIAN AUTHORIZED.

  11. Tex. Election Code Sec. 125.061. INSPECTING EQUIPMENT AT POLLING PLACE.

  12. Tex. Election Code Sec. 125.0611. PROVIDING SEPARATE BALLOT PART FOR WRITE-IN VOTING.

  13. Tex. Election Code Sec. 125.062. ALTERNATIVE PROCEDURE TO ROTATING BALLOT BOXES. The secretary of state may prescribe an alternative procedure to that of using two ballot boxes on a rotating basis at a polling place using an electronic voting system if the secretary determines that an alternative procedure is necessary for the efficient conduct of voting with the particular voting system.

  14. Tex. Election Code Sec. 125.063. SECURING EQUIPMENT ON CLOSE OF VOTING. On the close of voting at each polling place at which electronic voting system equipment is used, an election officer shall secure or inactivate the equipment as prescribed by the secretary of state so that its unauthorized operation is prevented.

  15. Tex. Election Code Sec. 125.0635. POLLING PLACE REPORT FOR VOTING FOR CERTAIN ELECTRONIC VOTING SYSTEMS.

  16. Tex. Election Code Sec. 125.064. RECORDS AVAILABLE FOR PUBLIC INSPECTION. Any documents or records used in the preparation of or prepared for use in an electronic voting system for the operation of the system for a particular election and any documents or records generated by the system in that election shall be made available for public inspection in the office of the general custodian of election records for the period for preserving the precinct election records.

Chapter 127

  1. Tex. Election Code Sec. 127.001. ESTABLISHMENT OF CENTRAL COUNTING STATION.

  2. Tex. Election Code Sec. 127.0015. CENTRAL COUNTING STATION OFFICERS: OATH AND IDENTIFICATION.

  3. Tex. Election Code Sec. 127.002. COUNTING STATION MANAGER.

  4. Tex. Election Code Sec. 127.003. TABULATION SUPERVISOR.

  5. Tex. Election Code Sec. 127.004. ASSISTANTS TO TABULATION SUPERVISOR.

  6. Tex. Election Code Sec. 127.005. PRESIDING JUDGE OF COUNTING STATION.

  7. Tex. Election Code Sec. 127.006. COUNTING STATION CLERKS.

  8. Tex. Election Code Sec. 127.007. PLAN FOR COUNTING STATION OPERATION.

  9. Tex. Election Code Sec. 127.008. BYSTANDERS EXCLUDED.

  10. Tex. Election Code Sec. 127.009. ELECTRONIC DEVICES IN CENTRAL COUNTING STATION.

  11. Tex. Election Code Sec. 127.010. TRAINING. The secretary of state shall provide a standardized training program and materials for members of a counting station in the same manner it provides such a program under Subchapter F, Chapter 32.

  12. Tex. Election Code Sec. 127.061. SEALED BALLOT BOXES REQUIRED. Sealed ballot boxes shall be used to deliver electronic system ballots from the polling place to the central counting station in accordance with this subchapter.

  13. Tex. Election Code Sec. 127.063. DESIGN OF BALLOT BOX. A sealed ballot box used under this subchapter must be equipped with a lock to prevent opening the box without a key and designed and constructed so that:

  14. Tex. Election Code Sec. 127.064. SEALS FOR BALLOT BOXES.

  15. Tex. Election Code Sec. 127.065. SEALING BALLOT BOX; DELIVERY TO POLLING PLACE.

  16. Tex. Election Code Sec. 127.066. SEALING DEPOSIT SLOT; DELIVERY OF SEALED BALLOT BOX TO COUNTING STATION.

  17. Tex. Election Code Sec. 127.067. DISPOSITION OF ELECTION RECORDS.

  18. Tex. Election Code Sec. 127.068. RECEIVING SEALED BALLOT BOX AT COUNTING STATION.

  19. Tex. Election Code Sec. 127.069. SORTING BALLOTS.

  20. Tex. Election Code Sec. 127.091. TEST OF TABULATING EQUIPMENT REQUIRED. The automatic tabulating equipment used for counting ballots in an election shall be tested as provided by this subchapter.

  21. Tex. Election Code Sec. 127.092. TESTING AUTHORITIES.

  22. Tex. Election Code Sec. 127.093. TIMES FOR CONDUCTING TEST.

  23. Tex. Election Code Sec. 127.094. DESIGN OF TEST.

  24. Tex. Election Code Sec. 127.095. DETERMINING SUCCESS OF TEST.

  25. Tex. Election Code Sec. 127.096. CONDUCT OF FIRST TEST.

  26. Tex. Election Code Sec. 127.097. CONDUCT OF SECOND TEST.

  27. Tex. Election Code Sec. 127.098. CONDUCT OF THIRD TEST; VOID BALLOT COUNT.

  28. Tex. Election Code Sec. 127.099. SECURITY OF TEST MATERIALS.

  29. Tex. Election Code Sec. 127.100. CUSTODY OF TEST MATERIALS.

  30. Tex. Election Code Sec. 127.121. PROGRAMMER FOR TABULATING EQUIPMENT.

  31. Tex. Election Code Sec. 127.122. APPROVAL OF PROGRAM. If a person other than the tabulation supervisor is appointed as the programmer, the program shall be submitted to the tabulation supervisor for approval not later than the 10th day before the date the automatic tabulating equipment for which the program is prepared is first used to count ballots voted in the election.

  32. Tex. Election Code Sec. 127.123. SECURITY OF PROGRAM.

  33. Tex. Election Code Sec. 127.1231. SECURITY OF AUTOMATIC TABULATING EQUIPMENT.

  34. Tex. Election Code Sec. 127.1232. SECURITY OF VOTED BALLOTS.

  35. Tex. Election Code Sec. 127.124. EARLY PROCESSING OF BALLOTS.

  36. Tex. Election Code Sec. 127.125. PREPARING BALLOTS FOR AUTOMATIC COUNTING.

  37. Tex. Election Code Sec. 127.126. DUPLICATING BALLOTS.

  38. Tex. Election Code Sec. 127.127. OPERATING EQUIPMENT AND HANDLING BALLOTS RESTRICTED. A person other than the tabulation supervisor and the assistants to the tabulation supervisor may not operate the automatic tabulating equipment or handle the ballots that are automatically counted from the time the ballots are delivered to the tabulation supervisor for counting until the automatic counting is completed.

  39. Tex. Election Code Sec. 127.128. BALLOTS TABULATED BY PRECINCT. The automatically counted ballots shall be separately tabulated according to election precinct.

  40. Tex. Election Code Sec. 127.129. CORRECTION OF RESULTS AFTER EQUIPMENT MALFUNCTION. The secretary of state shall prescribe procedures for correcting results after the discovery of an equipment malfunction that caused the results to be incorrect.

  41. Tex. Election Code Sec. 127.130. MANUAL COUNTING.

  42. Tex. Election Code Sec. 127.1301. CENTRALLY COUNTED OPTICAL SCAN BALLOTS.

  43. Tex. Election Code Sec. 127.1302. REQUIRED REPORT FOR OPTICAL SCANNERS.

  44. Tex. Election Code Sec. 127.131. PREPARING RETURNS.

  45. Tex. Election Code Sec. 127.1311. ANNOUNCING UNOFFICIAL RESULTS.

  46. Tex. Election Code Sec. 127.132. DISPOSITION OF BALLOTS, RETURNS, AND OTHER RECORDS.

  47. Tex. Election Code Sec. 127.133. REQUIRED REPORT FROM CENTRAL ACCUMULATOR.

  48. Tex. Election Code Sec. 127.151. APPLICABILITY OF SUBCHAPTER; PROCEDURES PRESCRIBED BY SECRETARY OF STATE.

  49. Tex. Election Code Sec. 127.152. TEST OF TABULATING EQUIPMENT REQUIRED.

  50. Tex. Election Code Sec. 127.153. TEST REPEATED IF EQUIPMENT MALFUNCTIONS. If the tabulating of ballots must be restarted because of an equipment or system malfunction or any other reason, the tests required by Section 127.152 shall be repeated.

  51. Tex. Election Code Sec. 127.154. IDENTIFICATION NUMBERS REQUIRED FOR EQUIPMENT.

  52. Tex. Election Code Sec. 127.155. PRESIDING JUDGE TO SIGN TAPE.

  53. Tex. Election Code Sec. 127.156. TABULATION AT CENTRAL COUNTING STATION IF DISCREPANCY EXISTS IN BALLOT TOTALS. If a discrepancy of more than three exists between the number of ballots recorded on the ballot and seal certificate and the number of ballots cast on the tape containing the ballot tabulation that is produced by the automatic tabulating equipment, the official tabulation of those ballots shall be conducted at a central counting station.

  54. Tex. Election Code Sec. 127.157. PROCESSING IRREGULARLY MARKED BALLOTS.

  55. Tex. Election Code Sec. 127.201. HAND COUNT ELECTION AUDIT.

  56. Tex. Election Code Sec. 127.202. COUNT OF ELECTRONIC VOTING SYSTEM BALLOTS BY SECRETARY OF STATE.

  57. Tex. Election Code Sec. 127.301. APPLICABILITY OF SUBCHAPTER. This subchapter applies to an election:

  58. Tex. Election Code Sec. 127.302. RISK-LIMITING AUDIT.

  59. Tex. Election Code Sec. 127.303. RULES.

  60. Tex. Election Code Sec. 127.304. PUBLICATION OF RESULTS. The results of a risk-limiting audit conducted under this subchapter must be published on the Internet website of the secretary of state not later than three days after the completion of the audit.

  61. Tex. Election Code Sec. 127.305. PILOT PROGRAM.

  62. Tex. Election Code Sec. 127.306. WAIVER NOT PERMITTED. The secretary of state may not waive any requirements of this subchapter.

  63. Tex. Election Code Sec. 127.351. RANDOMIZED COUNTY AUDITS.

Chapter 128

  1. Tex. Election Code Sec. 128.001. COMPUTERIZED VOTING SYSTEM STANDARDS.

Chapter 129

  1. Tex. Election Code Sec. 129.001. APPLICABILITY.

  2. Tex. Election Code Sec. 129.002. GENERAL PROCEDURES.

  3. Tex. Election Code Sec. 129.003. PAPER AUDIT TRAIL REQUIRED.

  4. Tex. Election Code Sec. 129.021. ACCEPTANCE TESTING.

  5. Tex. Election Code Sec. 129.022. HARDWARE DIAGNOSTIC TEST.

  6. Tex. Election Code Sec. 129.023. PUBLIC TEST OF LOGIC AND ACCURACY.

  7. Tex. Election Code Sec. 129.0231. TEST OF LOGIC AND ACCURACY FOR ELECTRONIC POLLBOOK SYSTEM.

  8. Tex. Election Code Sec. 129.024. SECURITY OF TEST MATERIALS.

  9. Tex. Election Code Sec. 129.051. PRE-ELECTION SECURITY PROCEDURE.

  10. Tex. Election Code Sec. 129.052. TRANSPORT OF VOTING SYSTEM EQUIPMENT.

  11. Tex. Election Code Sec. 129.053. ACCESS TO VOTING SYSTEM EQUIPMENT. The general custodian of election records shall secure access control keys or passwords to voting system equipment. Use of access control keys or passwords must be witnessed by one or more individuals authorized to use that information. The use of an access control key or password must be documented and witnessed in a log dedicated for that purpose that is retained until the political subdivision disposes of the equipment.

  12. Tex. Election Code Sec. 129.054. NETWORK CONNECTIONS AND WIRELESS TECHNOLOGY.

  13. Tex. Election Code Sec. 129.055. EQUIPMENT AND SOFTWARE. The sole purpose of voting system equipment is the conduct of an election, and only software certified by the secretary of state and necessary for an election may be loaded on the equipment.

  14. Tex. Election Code Sec. 129.056. PLAN FOR MACHINE FAILURE. The general custodian of election records shall create a contingency plan for addressing direct recording electronic voting machine failure. This plan must include the timely notification of the secretary of state.

  15. Tex. Election Code Sec. 129.057. USE OF MACHINE IN EARLY VOTING. A direct recording electronic voting machine deployed for early voting may not be deployed on election day.

Chapter 141

  1. Tex. Election Code Sec. 141.001. ELIGIBILITY REQUIREMENTS FOR PUBLIC OFFICE.

  2. Tex. Election Code Sec. 141.002. EFFECT OF BOUNDARY CHANGE ON RESIDENCE REQUIREMENT FOR PRECINCT OFFICE.

  3. Tex. Election Code Sec. 141.003. AGE AND RESIDENCE REQUIREMENTS FOR HOME-RULE CITY OFFICE.

  4. Tex. Election Code Sec. 141.004. EFFECT OF BOUNDARY CHANGE ON RESIDENCE REQUIREMENT FOR CITY OFFICE. In determining whether a person has complied with a residence requirement under Section 141.001 or 141.003 for a city office, residence in an area while the area was not part of the city is considered as residence within the city if the area is part of the city on the date that is the basis for determining the applicable period of residence.

  5. Tex. Election Code Sec. 141.031. GENERAL REQUIREMENTS FOR APPLICATION.

  6. Tex. Election Code Sec. 141.0311. ADDITIONAL REQUIREMENTS FOR APPLICATION FOR JUDICIAL OFFICE.

  7. Tex. Election Code Sec. 141.032. REVIEW OF APPLICATION; NOTICE TO CANDIDATE.

  8. Tex. Election Code Sec. 141.033. FILING APPLICATIONS FOR MORE THAN ONE OFFICE PROHIBITED.

  9. Tex. Election Code Sec. 141.034. LIMITATION ON CHALLENGE OF APPLICATION.

  10. Tex. Election Code Sec. 141.035. APPLICATION AS PUBLIC INFORMATION. An application for a place on the ballot, including an accompanying petition, is public information immediately on its filing.

  11. Tex. Election Code Sec. 141.036. PRESERVATION OF APPLICATION. The authority with whom an application for a place on the ballot is required to be filed shall preserve each application filed with the authority for two years after the date of the election for which the application is made.

  12. Tex. Election Code Sec. 141.037. FORM OF NAME CERTIFIED FOR PLACEMENT ON BALLOT. An authority responsible for certifying the names of candidates for placement on the ballot shall certify each name in the form indicated on the candidate's application for a place on the ballot, subject to Subchapter B, Chapter 52.

  13. Tex. Election Code Sec. 141.038. REFUND OF FILING FEE.

  14. Tex. Election Code Sec. 141.039. OFFICIAL APPLICATION FORM. In addition to the other statements and spaces for entering information that appear on an officially prescribed form for an application for a place on the ballot, each official form for an application that a candidate is required to file under this code must include:

  15. Tex. Election Code Sec. 141.040. NOTICE OF DEADLINES AND FILING METHODS.

  16. Tex. Election Code Sec. 141.061. APPLICABILITY OF SUBCHAPTER. This subchapter applies to each petition filed in connection with a candidate's application for a place on the ballot.

  17. Tex. Election Code Sec. 141.062. VALIDITY OF PETITION.

  18. Tex. Election Code Sec. 141.063. VALIDITY OF SIGNATURE.

  19. Tex. Election Code Sec. 141.064. METHOD OF ACQUIRING SIGNATURE. A person circulating a petition must:

  20. Tex. Election Code Sec. 141.065. AFFIDAVIT OF CIRCULATOR.

  21. Tex. Election Code Sec. 141.066. SIGNING MORE THAN ONE PETITION PROHIBITED.

  22. Tex. Election Code Sec. 141.067. WITHDRAWAL OF SIGNATURE.

  23. Tex. Election Code Sec. 141.068. DUTY OF LOCAL AUTHORITY TO VERIFY SIGNATURES.

  24. Tex. Election Code Sec. 141.069. VERIFYING SIGNATURES BY STATISTICAL SAMPLE. If signatures on a petition that is required to contain more than 1,000 signatures are to be verified by the authority with whom the candidate's application is required to be filed, the authority may use as the basis for the verification any reasonable statistical sampling method that ensures an accuracy rate of at least 95 percent.

  25. Tex. Election Code Sec. 141.070. ESTIMATING GUBERNATORIAL VOTE FOR TERRITORY WITH CHANGED BOUNDARY.

  26. Tex. Election Code Sec. 141.101. COERCION AGAINST CANDIDACY PROHIBITED.

Chapter 142

  1. Tex. Election Code Sec. 142.001. APPLICABILITY OF CHAPTER. This chapter applies to an independent candidate for an office that is to be voted on at the general election for state and county officers except the offices of president and vice-president of the United States.

  2. Tex. Election Code Sec. 142.002. DECLARATION OF INTENT REQUIRED.

  3. Tex. Election Code Sec. 142.0021. FILING DECLARATIONS OF INTENT FOR MORE THAN ONE OFFICE PROHIBITED.

  4. Tex. Election Code Sec. 142.003. PRESERVATION OF DECLARATION. The authority with whom a declaration of intent is required to be filed shall preserve each declaration filed with the authority until the day after general election day.

  5. Tex. Election Code Sec. 142.004. APPLICATION REQUIRED.

  6. Tex. Election Code Sec. 142.005. AUTHORITY WITH WHOM APPLICATION FILED. An application for a place on the ballot must be filed with:

  7. Tex. Election Code Sec. 142.006. REGULAR FILING DEADLINE FOR APPLICATION.

  8. Tex. Election Code Sec. 142.007. NUMBER OF PETITION SIGNATURES REQUIRED. The minimum number of signatures that must appear on a candidate's petition is:

  9. Tex. Election Code Sec. 142.008. STATEMENT ON PETITION. The following statement must appear at the top of each page of a candidate's petition: "I know the purpose of this petition. I have not voted in the general primary election or runoff primary election of any political party that has nominated, at either election, a candidate for the office of (insert office title) for which (insert candidate's name) is a candidate."

  10. Tex. Election Code Sec. 142.009. PETITION TO BE CIRCULATED AFTER PRIMARY. A signature on a candidate's petition is invalid if the signer:

  11. Tex. Election Code Sec. 142.010. CERTIFICATION OF CANDIDATES' NAMES FOR PLACEMENT ON GENERAL ELECTION BALLOT.

Chapter 143

  1. Tex. Election Code Sec. 143.001. APPLICABILITY OF CHAPTER. This chapter applies to a candidate for a city office.

  2. Tex. Election Code Sec. 143.002. INDEPENDENT CANDIDACY REQUIRED. Except as provided by Section 143.003, a candidate's name may appear on the ballot only as an independent.

  3. Tex. Election Code Sec. 143.003. PARTISAN CANDIDACY FOR HOME-RULE CITY OFFICE AUTHORIZED.

  4. Tex. Election Code Sec. 143.004. APPLICATION REQUIRED.

  5. Tex. Election Code Sec. 143.005. APPLICATION FOR HOME-RULE CITY OFFICE.

  6. Tex. Election Code Sec. 143.006. AUTHORITY WITH WHOM APPLICATION FILED.

  7. Tex. Election Code Sec. 143.007. FILING PERIOD.

  8. Tex. Election Code Sec. 143.008. EXTENDED FILING DEADLINE FOR CERTAIN OFFICES.

Chapter 144

  1. Tex. Election Code Sec. 144.001. APPLICABILITY OF CHAPTER. This chapter applies to a candidate for an office of a political subdivision other than a city or county.

  2. Tex. Election Code Sec. 144.002. INDEPENDENT CANDIDACY REQUIRED. A candidate's name may appear on the ballot only as an independent.

  3. Tex. Election Code Sec. 144.003. APPLICATION REQUIRED.

  4. Tex. Election Code Sec. 144.004. AUTHORITY WITH WHOM APPLICATION FILED. Except as otherwise provided by law, an application for a place on the ballot must be filed with the secretary of the political subdivision's governing body or, if the governing body has no secretary, with the governing body's presiding officer.

  5. Tex. Election Code Sec. 144.005. FILING DEADLINE.

  6. Tex. Election Code Sec. 144.006. FILING DEADLINE FOR DECLARED WRITE-IN CANDIDATE.

Chapter 145

  1. Tex. Election Code Sec. 145.001. METHOD FOR WITHDRAWAL AS CANDIDATE.

  2. Tex. Election Code Sec. 145.002. PROCEDURE FOR OMITTING DECEASED CANDIDATE'S NAME FROM BALLOT.

  3. Tex. Election Code Sec. 145.003. ADMINISTRATIVE DECLARATION OF INELIGIBILITY.

  4. Tex. Election Code Sec. 145.004. FINAL JUDGMENT REQUIRED FOR ADJUDICATION OF INELIGIBILITY. A candidate's entitlement to a place on the ballot or to a certificate of election is not affected by a judicial determination that the candidate is ineligible until a judgment declaring the candidate to be ineligible becomes final.

  5. Tex. Election Code Sec. 145.005. EFFECT OF VOTES CAST FOR DECEASED, WITHDRAWN, OR INELIGIBLE CANDIDATE.

  6. Tex. Election Code Sec. 145.031. APPLICABILITY OF SUBCHAPTER. This subchapter applies to a candidate who is a political party's nominee in the general election for state and county officers except a candidate for president or vice-president of the United States.

  7. Tex. Election Code Sec. 145.032. DEADLINE FOR WITHDRAWAL. A candidate may not withdraw from the general election after the 74th day before election day.

  8. Tex. Election Code Sec. 145.033. AUTHORITY WITH WHOM WITHDRAWAL REQUEST FILED. A candidate must file a withdrawal request with:

  9. Tex. Election Code Sec. 145.034. COPY OF WITHDRAWAL REQUEST DELIVERED TO EXECUTIVE COMMITTEE. At the same time a withdrawal request is filed, a candidate must deliver a copy of the request to the chair of the executive committee authorized to fill a vacancy in the nomination. If a vacancy exists in the office of chair of a precinct or district executive committee, the copy must be delivered to:

  10. Tex. Election Code Sec. 145.035. WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S NAME OMITTED FROM BALLOT. A candidate's name shall be omitted from the ballot if the candidate withdraws, dies, or is declared ineligible on or before the 74th day before election day.

  11. Tex. Election Code Sec. 145.036. FILLING VACANCY IN NOMINATION.

  12. Tex. Election Code Sec. 145.037. CERTIFICATION OF REPLACEMENT NOMINEE FOR PLACEMENT ON BALLOT.

  13. Tex. Election Code Sec. 145.038. FAILURE OF DISTRICT EXECUTIVE COMMITTEE TO MAKE REPLACEMENT NOMINATION.

  14. Tex. Election Code Sec. 145.039. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO APPEAR ON GENERAL ELECTION BALLOT. If a candidate dies or is declared ineligible after the 74th day before election day, the candidate's name shall be placed on the ballot.

  15. Tex. Election Code Sec. 145.061. APPLICABILITY OF SUBCHAPTER. This subchapter applies to an independent candidate in the general election for state and county officers except a candidate for president or vice-president of the United States.

  16. Tex. Election Code Sec. 145.062. DEADLINE FOR WITHDRAWAL. A candidate may not withdraw from the general election after the 74th day before election day.

  17. Tex. Election Code Sec. 145.063. AUTHORITY WITH WHOM WITHDRAWAL REQUEST FILED. A candidate must file a withdrawal request with the authority with whom the candidate's application for a place on the ballot is required to be filed.

  18. Tex. Election Code Sec. 145.064. WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S NAME OMITTED FROM BALLOT.

  19. Tex. Election Code Sec. 145.065. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO APPEAR ON GENERAL ELECTION BALLOT. If a candidate dies or is declared ineligible after the 74th day before election day, the candidate's name shall be placed on the ballot.

  20. Tex. Election Code Sec. 145.091. APPLICABILITY OF SUBCHAPTER. This subchapter applies to a candidate in a general or special election, except the general election for state and county officers.

  21. Tex. Election Code Sec. 145.092. DEADLINE FOR WITHDRAWAL.

  22. Tex. Election Code Sec. 145.093. AUTHORITY WITH WHOM WITHDRAWAL REQUEST FILED.

  23. Tex. Election Code Sec. 145.094. WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S NAME OMITTED FROM BALLOT.

  24. Tex. Election Code Sec. 145.095. EFFECT OF WITHDRAWAL FROM RUNOFF. If a runoff candidate withdraws, the remaining candidate is considered to be elected and the runoff election for that office is not held.

  25. Tex. Election Code Sec. 145.096. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO APPEAR ON BALLOT.

  26. Tex. Election Code Sec. 145.097. HOME-RULE CITY CANDIDATE. Provisions governing the withdrawal, death, or ineligibility of candidates for city offices prescribed by a home-rule city charter supersede this chapter to the extent of any conflict, except that this subchapter prevails in regard to an election subject to Section 145.092(f).

  27. Tex. Election Code Sec. 145.098. WITHDRAWAL OR DEATH OF CANDIDATE BEFORE CERTAIN EVENTS OCCUR.

Chapter 146

  1. Tex. Election Code Sec. 146.001. WRITE-IN VOTES PERMITTED. Except as otherwise provided by law, if the name of the person for whom a voter desires to vote does not appear on the ballot, the voter may write in the name of that person.

  2. Tex. Election Code Sec. 146.002. WRITE-IN VOTING IN RUNOFF PROHIBITED. Write-in voting is not permitted in a runoff election.

  3. Tex. Election Code Sec. 146.021. APPLICABILITY OF SUBCHAPTER. This subchapter applies to a write-in candidate for an office that is to be voted on at the general election for state and county officers.

  4. Tex. Election Code Sec. 146.022. CANDIDATE'S NAME REQUIRED TO APPEAR ON LIST. A write-in vote may not be counted unless the name written in appears on the list of write-in candidates required by Section 146.031.

  5. Tex. Election Code Sec. 146.023. DECLARATION OF WRITE-IN CANDIDACY REQUIRED.

  6. Tex. Election Code Sec. 146.0231. FILING FEE.

  7. Tex. Election Code Sec. 146.0232. NUMBER OF PETITION SIGNATURES REQUIRED. The minimum number of signatures that must appear on the petition authorized by Section 146.023(b) is the number prescribed by Section 172.025 to appear on a petition of a candidate for nomination for the same office in a general primary election.

  8. Tex. Election Code Sec. 146.024. AUTHORITY WITH WHOM DECLARATION FILED. A declaration of write-in candidacy must be filed with:

  9. Tex. Election Code Sec. 146.025. FILING PERIOD.

  10. Tex. Election Code Sec. 146.026. REVIEW OF DECLARATION. The authority with whom a declaration of write-in candidacy is filed shall review the declaration and take the appropriate action in the manner prescribed by Section 141.032 for the review of an application for a place on the ballot.

  11. Tex. Election Code Sec. 146.027. LIMITATION ON CHALLENGE OF DECLARATION. A declaration of write-in candidacy may not be challenged for compliance with the applicable requirements after the 15th day before election day.

  12. Tex. Election Code Sec. 146.028. PRESERVATION OF DECLARATION. A declaration of write-in candidacy shall be preserved in the same manner as a candidate's application for a place on the ballot.

  13. Tex. Election Code Sec. 146.029. CERTIFICATION OF CANDIDATE FOR PLACEMENT ON LIST OF WRITE-IN CANDIDATES.

  14. Tex. Election Code Sec. 146.030. CANDIDATE NOT CERTIFIED. A write-in candidate may not be certified for placement on the list of write-in candidates if:

  15. Tex. Election Code Sec. 146.0301. WITHDRAWAL AS WRITE-IN CANDIDATE.

  16. Tex. Election Code Sec. 146.031. LIST OF WRITE-IN CANDIDATES.

  17. Tex. Election Code Sec. 146.032. OFFICIAL DECLARATION FORM. An officially prescribed form for a declaration of write-in candidacy must include the elements required by Section 141.039 to be included in an official form for an application for a place on the ballot.

  18. Tex. Election Code Sec. 146.051. CANDIDATE'S NAME REQUIRED TO APPEAR ON LIST. In an election for city officers, a write-in vote may not be counted unless the name written in appears on the list of write-in candidates.

  19. Tex. Election Code Sec. 146.052. DECLARATION OF WRITE-IN CANDIDACY REQUIRED. To be entitled to a place on the list of write-in candidates, a candidate must make a declaration of write-in candidacy.

  20. Tex. Election Code Sec. 146.053. AUTHORITY WITH WHOM DECLARATION FILED. A declaration of write-in candidacy must be filed with the authority with whom an application for a place on the ballot is required to be filed in the election.

  21. Tex. Election Code Sec. 146.054. FILING DEADLINE.

  22. Tex. Election Code Sec. 146.055. APPLICABILITY OF OTHER CODE PROVISIONS. Subchapter B applies to write-in voting in an election for city officers except to the extent of a conflict with this subchapter.

  23. Tex. Election Code Sec. 146.081. CANDIDATE'S NAME REQUIRED TO APPEAR ON LIST. In a special election to fill a vacancy in the legislature, a write-in vote may not be counted unless the name written in appears on the list of write-in candidates.

  24. Tex. Election Code Sec. 146.082. DECLARATION OF WRITE-IN CANDIDACY REQUIRED. To be entitled to a place on the list of write-in candidates, a candidate must file a declaration of write-in candidacy with the secretary of state.

  25. Tex. Election Code Sec. 146.083. FILING DEADLINE. A declaration of write-in candidacy must be filed not later than 5 p.m. on the date an application for a place on the ballot is required to be filed. A write-in candidate may not withdraw from an election after 5 p.m. of the fifth day after the deadline for filing a declaration of write-in candidacy.

  26. Tex. Election Code Sec. 146.084. APPLICABILITY OF OTHER CODE PROVISIONS. Subchapter B applies to write-in voting in a special election to fill a vacancy in the legislature except to the extent of a conflict with this subchapter.

Chapter 161

  1. Tex. Election Code Sec. 161.001. INHERENT POWERS. A political party retains all of its inherent powers except as limited by this code.

  2. Tex. Election Code Sec. 161.002. PARTY NAME.

  3. Tex. Election Code Sec. 161.003. METHODS OF MAKING NOMINATIONS. A political party may make nominations for public office only by the methods provided by this code.

  4. Tex. Election Code Sec. 161.004. PARTY DOCUMENT AS PUBLIC INFORMATION. If a document, record, or other paper is expressly required by this title to be filed, prepared, or preserved, it is public information unless this title provides otherwise.

  5. Tex. Election Code Sec. 161.005. ELIGIBILITY FOR PARTY OFFICES GENERALLY.

  6. Tex. Election Code Sec. 161.006. HOLDING PRECINCT CONVENTION OF MORE THAN ONE PARTY IN SAME BUILDING. A political party may not hold a precinct convention in the same building in which another party is holding a precinct convention on the same day unless:

  7. Tex. Election Code Sec. 161.007. UNLAWFULLY PROHIBITING EMPLOYEE FROM ATTENDING POLITICAL CONVENTION.

  8. Tex. Election Code Sec. 161.008. CERTIFICATION OF NOMINEES FOR STATEWIDE AND DISTRICT OFFICES FOR PLACEMENT ON GENERAL ELECTION BALLOT.

  9. Tex. Election Code Sec. 161.009. PARTY OFFICER SUBJECT TO MANDAMUS. The performance of a duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer.

  10. Tex. Election Code Sec. 161.010. CHALLENGING CONVENTION DELEGATES. A political party holding a convention under this title may provide by rule for challenging the qualifications of the convention delegates and for replacing unqualified delegates.

Chapter 162

  1. Tex. Election Code Sec. 162.001. AFFILIATION WITH PARTY REQUIRED.

  2. Tex. Election Code Sec. 162.002. ELIGIBILITY TO AFFILIATE. To be eligible to affiliate with a political party, a person must be:

  3. Tex. Election Code Sec. 162.003. AFFILIATION BY VOTING IN PRIMARY. A person becomes affiliated with a political party when the person:

  4. Tex. Election Code Sec. 162.004. AFFILIATION PROCEDURE: VOTING AT POLLING PLACE.

  5. Tex. Election Code Sec. 162.005. AFFILIATION PROCEDURE: EARLY VOTING BY MAIL. Subject to Section 162.004(a-1), the early voting clerk in a general primary election shall provide an affiliation certificate with each early voting or limited ballot to be voted by mail. The certificate is not required to be provided to an applicant for a runoff primary ballot unless the applicant requests it.

  6. Tex. Election Code Sec. 162.006. AFFILIATION BY TAKING OATH. A person becomes affiliated with a political party when the person takes an oath of affiliation as provided by Section 162.007 or 162.008.

  7. Tex. Election Code Sec. 162.007. AFFILIATION PROCEDURE: TAKING OATH AT PRECINCT CONVENTION.

  8. Tex. Election Code Sec. 162.008. AFFILIATION PROCEDURE: TAKING OATH GENERALLY.

  9. Tex. Election Code Sec. 162.009. CONTENTS OF AFFILIATION CERTIFICATE. The authority issuing an affiliation certificate under this chapter shall enter on the certificate:

  10. Tex. Election Code Sec. 162.010. DURATION OF AFFILIATION.

  11. Tex. Election Code Sec. 162.011. PRESENTATION OF FALSE EVIDENCE OF AFFILIATION PROHIBITED.

  12. Tex. Election Code Sec. 162.012. INELIGIBILITY TO AFFILIATE WITH ANOTHER PARTY. A person who is affiliated with a political party is ineligible to become affiliated with another political party during the same voting year.

  13. Tex. Election Code Sec. 162.013. VOID VOTE. A vote in a primary election is void if the voter previously voted in a primary election of another party or participated in a convention of another party during the same voting year.

  14. Tex. Election Code Sec. 162.014. UNLAWFUL PARTICIPATION IN PARTY AFFAIRS.

  15. Tex. Election Code Sec. 162.015. RESTRICTIONS ON CANDIDACY IN GENERAL ELECTION BY CANDIDATE OR VOTER IN PRIMARY.

  16. Tex. Election Code Sec. 162.0151. CANDIDACY PROHIBITED.

  17. Tex. Election Code Sec. 162.016. WITHDRAWN CONVENTION NOMINEE INELIGIBLE FOR ANOTHER NOMINATION. If a person nominated by a convention withdraws from the general election for state and county officers, the person is ineligible for a place on the general election ballot as the party's nominee for another office unless the second nomination is for an unexpired term for which the vacancy occurred too late for a convention to make a nomination under Section 202.005.

  18. Tex. Election Code Sec. 162.017. PREREGISTRATION.

Chapter 163

  1. Tex. Election Code Sec. 163.001. APPLICABILITY OF CHAPTER. This chapter applies only to a political party that has a state executive committee.

  2. Tex. Election Code Sec. 163.002. REQUIRED RULES. A political party that makes nominations in this state shall adopt rules that:

  3. Tex. Election Code Sec. 163.003. CONSISTENCY WITH STATE LAW. The rules adopted by a political party must be consistent with state law.

  4. Tex. Election Code Sec. 163.004. ADOPTING RULES.

  5. Tex. Election Code Sec. 163.005. FILING AND POSTING RULES; EFFECTIVE DATE.

  6. Tex. Election Code Sec. 163.006. DEADLINE FOR FILING CERTAIN RULES.

  7. Tex. Election Code Sec. 163.007. RULES ENFORCEABLE BY MANDAMUS. A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute.

Chapter 171

  1. Tex. Election Code Sec. 171.001. STATE EXECUTIVE COMMITTEE ESTABLISHED. A state executive committee is established as provided by this subchapter for each political party holding a primary election in this state.

  2. Tex. Election Code Sec. 171.002. COMMITTEE COMPOSITION.

  3. Tex. Election Code Sec. 171.003. FILLING VACANCY.

  4. Tex. Election Code Sec. 171.004. PROXY.

  5. Tex. Election Code Sec. 171.021. COUNTY EXECUTIVE COMMITTEE ESTABLISHED. For each county in which a primary election is held, a county executive committee is established as provided by this subchapter for the political party holding the primary.

  6. Tex. Election Code Sec. 171.022. COMMITTEE COMPOSITION.

  7. Tex. Election Code Sec. 171.0221. ELECTION NOT HELD FOR OFFICE OF PRECINCT CHAIR.

  8. Tex. Election Code Sec. 171.023. RESIDENCE OF PRECINCT CHAIR.

  9. Tex. Election Code Sec. 171.0231. WRITE-IN CANDIDATE FOR COUNTY CHAIR OR PRECINCT CHAIR.

  10. Tex. Election Code Sec. 171.024. FILLING VACANCY.

  11. Tex. Election Code Sec. 171.025. PROCEDURE FOR FILLING VACANCY IN OFFICE OF COUNTY CHAIR.

  12. Tex. Election Code Sec. 171.0251. TEMPORARY REPLACEMENT OF COMMITTEE MEMBER IN MILITARY.

  13. Tex. Election Code Sec. 171.026. PROXY NOT ALLOWED. A person may not participate in a county executive committee meeting as a proxy.

  14. Tex. Election Code Sec. 171.027. TEMPORARY COMMITTEE.

  15. Tex. Election Code Sec. 171.028. COUNTY CHAIR TRANSITION.

  16. Tex. Election Code Sec. 171.029. REMOVAL OF PRECINCT CHAIR OR COUNTY CHAIR FOR ABANDONMENT OF OFFICE.

  17. Tex. Election Code Sec. 171.051. DISTRICT EXECUTIVE COMMITTEE ESTABLISHED.

  18. Tex. Election Code Sec. 171.052. COMMITTEE COMPOSITION: DISTRICT COTERMINOUS WITH COUNTY. The district executive committee for a district that is coterminous with a single county consists of the county executive committee, with the county chair serving as chair of the district committee.

  19. Tex. Election Code Sec. 171.053. COMMITTEE COMPOSITION: DISTRICT COMPRISING PART OF A COUNTY; FIRST MEETING.

  20. Tex. Election Code Sec. 171.054. COMMITTEE COMPOSITION: DISTRICT SITUATED IN MORE THAN ONE COUNTY; FIRST MEETING.

  21. Tex. Election Code Sec. 171.071. PRECINCT EXECUTIVE COMMITTEE ESTABLISHED.

  22. Tex. Election Code Sec. 171.072. COMMITTEE COMPOSITION: PRECINCT WITH THREE OR MORE ELECTION PRECINCTS; FIRST MEETING.

  23. Tex. Election Code Sec. 171.073. COMMITTEE COMPOSITION: PRECINCT WITH FEWER THAN THREE ELECTION PRECINCTS. The precinct executive committee for a commissioners precinct or for a justice precinct containing fewer than three county election precincts consists of the county executive committee, with the county chair serving as chair of the precinct committee.

Chapter 172

  1. Tex. Election Code Sec. 172.001. NOMINATING BY PRIMARY ELECTION REQUIRED. Except as otherwise provided by this code, a political party's nominees in the general election for offices of state and county government and the United States Congress must be nominated by primary election, held as provided by this code, if the party's nominee for governor in the most recent gubernatorial general election received 20 percent or more of the total number of votes received by all candidates for governor in the election.

  2. Tex. Election Code Sec. 172.002. NOMINATING BY PRIMARY ELECTION AUTHORIZED.

  3. Tex. Election Code Sec. 172.003. MAJORITY VOTE REQUIRED. Except as otherwise provided by this code, to receive a political party's nomination, a candidate in a primary election must receive a majority of the total number of votes received by all the candidates for the nomination.

  4. Tex. Election Code Sec. 172.004. RUNOFF PRIMARY.

  5. Tex. Election Code Sec. 172.021. APPLICATION REQUIRED.

  6. Tex. Election Code Sec. 172.022. AUTHORITY WITH WHOM APPLICATION FILED.

  7. Tex. Election Code Sec. 172.0221. NOTICE TO CANDIDATE REGARDING POSTING OF CERTAIN INFORMATION. The authority with whom an application is filed must inform the candidate that the candidate's public mailing address and, if provided on the application, the candidate's electronic mail address will be posted by the secretary of state on the secretary's publicly viewable website.

  8. Tex. Election Code Sec. 172.0222. REVIEW OF APPLICATION; NOTICE TO CANDIDATE.

  9. Tex. Election Code Sec. 172.0223. LIMITATION ON CHALLENGE OF APPLICATION.

  10. Tex. Election Code Sec. 172.023. REGULAR FILING PERIOD.

  11. Tex. Election Code Sec. 172.024. FILING FEE.

  12. Tex. Election Code Sec. 172.025. NUMBER OF PETITION SIGNATURES REQUIRED. The minimum number of signatures that must appear on the petition authorized by Section 172.021(b) is:

  13. Tex. Election Code Sec. 172.026. RESTRICTION ON PETITION SIGNER. On signing a petition to be filed under Section 172.021, the signer becomes ineligible to vote in a primary election or participate in a convention of another political party during the voting year in which the primary election is held.

  14. Tex. Election Code Sec. 172.027. STATEMENT ON PETITION. The following statement must appear at the top of each page of a petition to be filed under Section 172.021: "I know that the purpose of this petition is to entitle (insert candidate's name) to have his or her name placed on the ballot for the office of (insert office title, including any place number or other distinguishing number) for the (insert political party's name) primary election. I understand that by signing this petition I become ineligible to vote in a primary election or participate in a convention of another party, including a party not holding a primary election, during the voting year in which this primary election is held."

  15. Tex. Election Code Sec. 172.028. STATE CHAIR'S CERTIFICATION OF NAMES FOR PLACEMENT ON GENERAL PRIMARY BALLOT.

  16. Tex. Election Code Sec. 172.029. SUBMISSION AND COMPILATION OF INFORMATION PERTAINING TO CANDIDATES.

  17. Tex. Election Code Sec. 172.051. WITHDRAWAL, DEATH, OR INELIGIBILITY GENERALLY. With respect to withdrawal, death, or ineligibility of a candidate in a primary election, this subchapter supersedes Subchapter A, Chapter 145, to the extent of any conflict.

  18. Tex. Election Code Sec. 172.052. WITHDRAWAL FROM GENERAL PRIMARY.

  19. Tex. Election Code Sec. 172.053. ADMINISTRATIVE DECLARATION OF INELIGIBILITY AFTER POLLS CLOSE. Except for a judicial action in which a candidate's eligibility is in issue, after the polls close on primary election day and before the final canvass for the office sought by the candidate is completed, a candidate for nomination may be declared ineligible only by the presiding officer of the primary's final canvassing authority for that office.

  20. Tex. Election Code Sec. 172.054. EXTENDED FILING DEADLINE.

  21. Tex. Election Code Sec. 172.055. PUBLIC NOTICE OF EXTENDED FILING.

  22. Tex. Election Code Sec. 172.056. SUPPLEMENTAL LIST OF CANDIDATES.

  23. Tex. Election Code Sec. 172.057. WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S NAME OMITTED FROM GENERAL PRIMARY BALLOT. A candidate's name shall be omitted from the general primary election ballot if the candidate withdraws, dies, or is declared ineligible on or before the first day after the date of the regular filing deadline.

  24. Tex. Election Code Sec. 172.058. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO APPEAR ON GENERAL PRIMARY BALLOT.

  25. Tex. Election Code Sec. 172.059. WITHDRAWAL FROM RUNOFF PRIMARY.

  26. Tex. Election Code Sec. 172.060. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO APPEAR ON RUNOFF PRIMARY BALLOT.

  27. Tex. Election Code Sec. 172.061. CANDIDATE FOR PARTY OFFICE.

  28. Tex. Election Code Sec. 172.081. PRIMARY COMMITTEE.

  29. Tex. Election Code Sec. 172.082. ORDER OF NAMES ON GENERAL PRIMARY BALLOT: REGULAR DRAWING.

  30. Tex. Election Code Sec. 172.083. REVIEW AND APPROVAL OF BALLOT BY PRIMARY COMMITTEE. If a primary committee was established, before having the official ballots for a general primary election printed, the county chair shall submit the format for the official ballot to the primary committee for its review and approval.

  31. Tex. Election Code Sec. 172.084. ORDER OF NAMES ON RUNOFF PRIMARY BALLOT.

  32. Tex. Election Code Sec. 172.085. NAME OF PARTY ON BALLOT. The name of the political party holding a primary election shall be placed at the top of the primary ballot.

  33. Tex. Election Code Sec. 172.086. PLEDGE ON BALLOT. The following pledge shall be placed on the primary election ballot above the listing of candidates' names: "I am a (insert appropriate political party) and understand that I am ineligible to vote or participate in another political party's primary election or convention during this voting year."

  34. Tex. Election Code Sec. 172.087. REFERENDUM ORDERED BY STATE EXECUTIVE COMMITTEE. The state executive committee may provide by resolution that a proposal to include a demand for specific legislation or any other matter in the party's platform or resolutions be submitted to a vote by placement on the general primary election ballot. The state executive committee shall prescribe the wording of the proposition submitting a proposal.

  35. Tex. Election Code Sec. 172.088. VOTER PETITION FOR REFERENDUM.

  36. Tex. Election Code Sec. 172.089. ORDER OF PARTY OFFICES ON BALLOT. The party offices of county chair and precinct chair shall be listed on the primary election ballot after the public offices with the office of county chair listed first.

  37. Tex. Election Code Sec. 172.090. SEPARATE BALLOT FOR OFFICE OF PRECINCT CHAIR.

  38. Tex. Election Code Sec. 172.111. CONDUCT OF PRIMARY ELECTION GENERALLY.

  39. Tex. Election Code Sec. 172.1111. POSTING NOTICE OF CONVENTIONS REQUIRED.

  40. Tex. Election Code Sec. 172.1112. NOTICE OF ELECTION.

  41. Tex. Election Code Sec. 172.1113. COUNTY CHAIR PERMITTED IN POLLING PLACE.

  42. Tex. Election Code Sec. 172.1114. DISTRIBUTION OF NOTICE OF CONVENTIONS.

  43. Tex. Election Code Sec. 172.112. WRITE-IN VOTING. Write-in voting in a primary election is not permitted.

  44. Tex. Election Code Sec. 172.113. UNOFFICIAL TABULATION OF PRECINCT RESULTS.

  45. Tex. Election Code Sec. 172.114. DISPOSITION OF POLL LIST. The general custodian of election records shall preserve the poll lists maintained for a primary election for 22 months.

  46. Tex. Election Code Sec. 172.1141. LIST OF REGISTERED VOTERS FOR CONVENTION.

  47. Tex. Election Code Sec. 172.115. DISPOSITION OF LIST OF REGISTERED VOTERS.

  48. Tex. Election Code Sec. 172.116. LOCAL CANVASS RELATING TO CANDIDATES WHO FILED AN APPLICATION FOR A PLACE ON THE BALLOT IN ACCORDANCE WITH THE GENERAL REQUIREMENTS.

  49. Tex. Election Code Sec. 172.117. CERTIFICATION OF NOMINEES WHO FILED AN APPLICATION FOR A PLACE ON THE BALLOT IN ACCORDANCE WITH THE GENERAL REQUIREMENTS FOR COUNTY AND PRECINCT OFFICES FOR PLACEMENT ON GENERAL ELECTION BALLOT.

  50. Tex. Election Code Sec. 172.118. NOTICE OF PERSONS ELECTED AS PARTY OFFICERS.

  51. Tex. Election Code Sec. 172.120. STATE CANVASS RELATING TO CANDIDATES WHO FILED AN APPLICATION FOR A PLACE ON THE BALLOT IN ACCORDANCE WITH THE GENERAL REQUIREMENTS.

  52. Tex. Election Code Sec. 172.121. CERTIFICATION OF CANDIDATES FOR STATEWIDE AND DISTRICT OFFICES FOR PLACEMENT ON RUNOFF BALLOT.

  53. Tex. Election Code Sec. 172.122. CERTIFICATION OF NOMINEES WHO FILED AN APPLICATION FOR A PLACE ON THE BALLOT IN ACCORDANCE WITH THE GENERAL REQUIREMENTS FOR STATEWIDE AND DISTRICT OFFICES TO SECRETARY OF STATE.

  54. Tex. Election Code Sec. 172.123. ENTERING PRIMARY RESULTS IN ELECTION REGISTER.

  55. Tex. Election Code Sec. 172.124. REPORTING PRECINCT RESULTS TO SECRETARY OF STATE RELATING TO CANDIDATES WHO FILED AN APPLICATION FOR A PLACE ON THE BALLOT IN ACCORDANCE WITH THE GENERAL REQUIREMENTS.

  56. Tex. Election Code Sec. 172.125. ADDITIONAL PROCEDURE FOR ACCEPTING VOTERS IN RUNOFF.

  57. Tex. Election Code Sec. 172.126. JOINT PRIMARIES AUTHORIZED.

  58. Tex. Election Code Sec. 172.127. CONTENT OF SIGN USED TO IDENTIFY POLLING PLACE LOCATION.

  59. Tex. Election Code Sec. 172.128. ALTERNATIVE PRIMARY PROCEDURE FOR COUNTIES WITHOUT COUNTY PARTY LEADERSHIP.

  60. Tex. Election Code Sec. 172.129. STATEMENTS MADE BY ELECTION OFFICER WHEN PRIMARIES CONDUCTED AT SAME LOCATION.

  61. Tex. Election Code Sec. 172.130. ACTION BY STATE CHAIR TO MEET DEADLINES FOR CONDUCT OF PRIMARY.

Chapter 173

  1. Tex. Election Code Sec. 173.001. STATE FUNDS FOR PRIMARY AUTHORIZED.

  2. Tex. Election Code Sec. 173.002. STATE NOT LIABLE FOR PRIMARY EXPENSES. The state is not liable for the failure of a political party to pay expenses the party incurs in holding a primary election.

  3. Tex. Election Code Sec. 173.003. EXPENSES INCURRED BY COUNTY. Except as otherwise provided by law, the county shall pay all the expenses incurred in connection with early voting in a primary election, except expenses relating to the printing of early voting ballots, and any other expenses incurred by a county authority in connection with a primary election.

  4. Tex. Election Code Sec. 173.004. STATE COMPENSATION OF COUNTY CHAIR AND SECRETARY OF COUNTY EXECUTIVE COMMITTEE.

  5. Tex. Election Code Sec. 173.005. STATE COMPENSATION FOR TRAINING ELECTION JUDGES. The maximum hourly rate payable with state funds in a particular primary election year to election judges serving in a primary election for attending training programs is the same as the maximum rate prescribed by this code for compensation for attending a training program for election judges appointed to serve in elections ordered by the governor or a county authority.

  6. Tex. Election Code Sec. 173.006. AUTHORITY TO REDUCE PRIMARY COSTS. The secretary of state may adopt rules consistent with this code that reduce the cost of primary elections or facilitate the holding of primary elections within the amount appropriated by the legislature for that purpose.

  7. Tex. Election Code Sec. 173.007. LIMITING STATE COMPENSATION FOR POLLING PLACES.

  8. Tex. Election Code Sec. 173.008. LIMITING STATE COMPENSATION FOR ELECTION PERSONNEL.

  9. Tex. Election Code Sec. 173.009. DEADLINE FOR ADOPTING RULES. A rule adopted by the secretary of state under this subchapter does not apply to a primary election held less than 45 days after the date the rule is adopted.

  10. Tex. Election Code Sec. 173.010. FURNISHING RULES AND GUIDELINES. During October preceding each primary election year, the secretary of state shall post on the secretary's website a current set of the rules and any available guidelines adopted under this subchapter. The secretary of state shall e-mail each state or county chair who has provided the secretary of state an e-mail address when the rules and guidelines have been posted. If a rule or amendment of a rule is adopted after the set is posted, the secretary shall update the posting with the new rule or amendment not later than the 10th day after the date of its adoption.

  11. Tex. Election Code Sec. 173.011. FINANCING OF JOINT PRIMARY ELECTIONS GENERALLY.

  12. Tex. Election Code Sec. 173.031. COUNTY PRIMARY FUND.

  13. Tex. Election Code Sec. 173.032. STATE PRIMARY FUND.

  14. Tex. Election Code Sec. 173.033. USE OF PRIMARY FUND.

  15. Tex. Election Code Sec. 173.034. MANAGING PRIMARY FUND.

  16. Tex. Election Code Sec. 173.0341. STATE CHAIR AS FISCAL AGENT FOR COUNTY PARTY.

  17. Tex. Election Code Sec. 173.035. AUDIT BY SECRETARY OF STATE.

  18. Tex. Election Code Sec. 173.036. STATE FUNDS FOR AUDIT REQUESTED BY PARTY.

  19. Tex. Election Code Sec. 173.061. FEE PAID TO COUNTY CHAIR. Except as provided by Section 173.0341(c)(2), the county chair shall deposit in the county primary fund each filing fee accompanying an application for a place on the ballot filed with the county chair.

  20. Tex. Election Code Sec. 173.062. FEE PAID TO STATE CHAIR FOR DISTRICT OFFICES REMITTED TO SECRETARY OF STATE.

  21. Tex. Election Code Sec. 173.063. FEE RETAINED BY STATE CHAIR. The state chair shall deposit in the state primary fund each filing fee accompanying an application for a place on the ballot filed with the state chair:

  22. Tex. Election Code Sec. 173.081. STATEMENT OF ESTIMATED PRIMARY EXPENSES.

  23. Tex. Election Code Sec. 173.082. REVIEW OF STATEMENT; APPROVAL; NOTICE.

  24. Tex. Election Code Sec. 173.083. STATE PAYMENT OF ESTIMATED PRIMARY EXPENSES.

  25. Tex. Election Code Sec. 173.0831. STATE PAYMENT OF START-UP PRIMARY FUNDS.

  26. Tex. Election Code Sec. 173.0832. DIRECT REPAYMENT TO AUTHORITY CONDUCTING PRIMARY ELECTION UNDER CONTRACT IN CERTAIN COUNTIES. On request of a county election officer who conducts a primary election under an election services contract authorized under Subchapter D, Chapter 31, the secretary of state shall provide payment of primary expenses directly to the officer who incurs the expense rather than to the county chair under this subchapter. The secretary of state shall prescribe procedures to implement this section.

  27. Tex. Election Code Sec. 173.0833. DIRECT BILLING OF CERTAIN PRIMARY EXPENSES.

  28. Tex. Election Code Sec. 173.084. EXPENSE REPORT BY PARTY.

  29. Tex. Election Code Sec. 173.085. STATE PAYMENT OF EXCESS PRIMARY EXPENSES.

  30. Tex. Election Code Sec. 173.0851. DISPOSITION OF SURPLUS IN PRIMARY FUND.

  31. Tex. Election Code Sec. 173.086. CHALLENGE OF DISBURSEMENT OF STATE FUNDS.

  32. Tex. Election Code Sec. 173.087. LIABILITY OF COUNTY CHAIR AND COUNTY EXECUTIVE COMMITTEE. The county executive committee is not liable for the debts incurred by the committee or the county chair in connection with a primary election that are unpaid because the legislative appropriation is insufficient. The county chair or any other member of the county executive committee is not personally liable for those debts.

Chapter 174

  1. Tex. Election Code Sec. 174.001. APPLICABILITY OF CHAPTER. This chapter applies to a political party holding a primary election.

  2. Tex. Election Code Sec. 174.002. MEDIA ACCESS. Representatives of the broadcast and print news media are entitled to attend a convention held under this chapter for the purpose of reporting its proceedings.

  3. Tex. Election Code Sec. 174.003. DELEGATE TO BE QUALIFIED VOTER. In addition to the requirement of party affiliation, to be eligible to serve as a delegate to a county, senatorial district, or state convention held under this chapter, a person must be a qualified voter of the territory that the person is selected to represent or a resident of that territory who is eligible to vote a limited ballot.

  4. Tex. Election Code Sec. 174.004. ELIGIBILITY REQUIREMENTS EXCLUSIVE. A political party may not impose eligibility requirements in addition to those prescribed by this title for serving as a delegate to a county, senatorial district, or state convention held under this code.

  5. Tex. Election Code Sec. 174.021. SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS.

  6. Tex. Election Code Sec. 174.022. TIME AND PLACE OF CONVENTION.

  7. Tex. Election Code Sec. 174.023. NOTICE OF DATE, HOUR, AND PLACE.

  8. Tex. Election Code Sec. 174.024. PARTICIPANT TO BE REGISTERED VOTER. In addition to the requirement of party affiliation, to be eligible to participate in a precinct convention held under this subchapter, a person must be a registered voter of the precinct or a precinct resident who is eligible to vote a limited ballot.

  9. Tex. Election Code Sec. 174.025. ORGANIZING THE CONVENTION.

  10. Tex. Election Code Sec. 174.026. CONVENTION BUSINESS. After the convention is organized, the convention shall select its delegates to the subsequent convention and conduct any other convention business.

  11. Tex. Election Code Sec. 174.027. RECORDS OF CONVENTION.

  12. Tex. Election Code Sec. 174.061. SELECTION OF DELEGATES TO STATE CONVENTIONS. The delegates to a political party's state conventions held under this code shall be selected in accordance with party rules at county and senatorial district conventions held as provided by this subchapter.

  13. Tex. Election Code Sec. 174.062. TYPE OF CONVENTION HELD.

  14. Tex. Election Code Sec. 174.063. TIME AND PLACE OF CONVENTION.

  15. Tex. Election Code Sec. 174.0631. CONSIDERATION FOR USE OF PUBLIC BUILDING FOR CONVENTION.

  16. Tex. Election Code Sec. 174.064. NOTICE OF HOUR AND PLACE.

  17. Tex. Election Code Sec. 174.065. ORGANIZING THE CONVENTION.

  18. Tex. Election Code Sec. 174.066. CONVENTION BUSINESS. After the convention is organized, the convention shall select its delegates to the state convention and conduct any other convention business.

  19. Tex. Election Code Sec. 174.067. STATE CONVENTION DELEGATES SERVE UNTIL NEXT PRIMARY ELECTION. State convention delegates selected under this subchapter serve as the delegates for all state conventions held until the next general primary election date.

  20. Tex. Election Code Sec. 174.068. VOTING AT CONVENTION. The state executive committee may adopt rules concerning voting procedures for any party convention. If the state executive committee fails to adopt rules:

  21. Tex. Election Code Sec. 174.069. RECORD OF DELEGATES.

  22. Tex. Election Code Sec. 174.091. BIENNIAL STATE CONVENTION. Each political party shall hold a state convention in each even-numbered year as provided by this subchapter.

  23. Tex. Election Code Sec. 174.092. TIME AND PLACE OF CONVENTION.

  24. Tex. Election Code Sec. 174.093. NOTICE OF TIME AND PLACE. Before the date of the party's precinct conventions held under this chapter, the state chair shall post on the party's Internet website the date, hour, and place for convening the biennial state convention.

  25. Tex. Election Code Sec. 174.094. ORGANIZING THE CONVENTION.

  26. Tex. Election Code Sec. 174.095. CONVENTION BUSINESS. After the convention is organized, the convention shall conduct its business.

  27. Tex. Election Code Sec. 174.096. VOTING AT CONVENTION. The state executive committee shall adopt rules concerning the voting procedures for the convention. If the state executive committee fails to adopt rules:

  28. Tex. Election Code Sec. 174.097. ATTENDANCE BY PUBLIC OFFICERS. A nominee for or holder of an office of the state or federal government is entitled to attend a state convention of the nominee's or officeholder's party but may not vote in the convention unless serving as a delegate.

Chapter 181

  1. Tex. Election Code Sec. 181.001. APPLICABILITY OF CHAPTER. This chapter applies to a political party making nominations by convention except a party making nominations only for county and precinct offices under Chapter 182.

  2. Tex. Election Code Sec. 181.002. NOMINATING BY CONVENTION AUTHORIZED. A political party may make nominations for the general election for state and county officers by convention, as provided by this chapter, if the party is authorized by Section 172.002 to make nominations by primary election.

  3. Tex. Election Code Sec. 181.003. NOMINATING BY CONVENTION REQUIRED. A political party must make nominations for the general election for state and county officers by convention, as provided by this chapter, if the party is not required or authorized to nominate by primary election.

  4. Tex. Election Code Sec. 181.004. PARTY ORGANIZATION.

  5. Tex. Election Code Sec. 181.0041. REGISTRATION OF PARTY REQUIRED. A political party that intends to make nominations under this chapter for the general election for state and county officers must register with the secretary of state, in the manner prescribed by the secretary, not later than January 2 of the election year.

  6. Tex. Election Code Sec. 181.005. QUALIFYING FOR PLACEMENT ON BALLOT BY PARTY REQUIRED TO NOMINATE BY CONVENTION.

  7. Tex. Election Code Sec. 181.006. PETITION SUPPLEMENTING PRECINCT CONVENTION LISTS.

  8. Tex. Election Code Sec. 181.007. NOTICE OF QUALIFYING PARTIES.

  9. Tex. Election Code Sec. 181.031. APPLICATION REQUIRED.

  10. Tex. Election Code Sec. 181.0311. FILING FEE OR PETITION REQUIRED.

  11. Tex. Election Code Sec. 181.032. AUTHORITY WITH WHOM APPLICATION FILED.

  12. Tex. Election Code Sec. 181.033. FILING DEADLINE.

  13. Tex. Election Code Sec. 181.034. DISPOSITION OF APPLICATIONS.

  14. Tex. Election Code Sec. 181.061. CONVENTIONS AT WHICH NOMINATIONS MADE.

  15. Tex. Election Code Sec. 181.062. NUMBER OF DELEGATES SELECTED. A political party shall provide by rule for the number of delegates to be selected at the precinct conventions for the county conventions and the number of delegates to be selected at the county conventions for the district conventions and the state convention held under this chapter.

  16. Tex. Election Code Sec. 181.063. HOUR AND PLACE OF PRECINCT AND COUNTY CONVENTIONS. The hours and places for convening the county convention and precinct conventions held under this chapter shall be set as provided by Section 174.022 for setting the hours and places of precinct conventions of a party holding a primary election.

  17. Tex. Election Code Sec. 181.064. NOTICE OF HOUR AND PLACE. Notice of the hour and place for convening the county convention and precinct conventions held under this chapter shall be posted and delivered as provided by Section 174.023 for posting and delivering notice of the hour and place for convening precinct conventions for a party holding a primary election, except that notice of a county convention shall:

  18. Tex. Election Code Sec. 181.065. PARTICIPANT TO BE REGISTERED VOTER. To be eligible to participate in a precinct convention held under this chapter, a person must be a registered voter of the precinct or a precinct resident who is eligible to vote a limited ballot.

  19. Tex. Election Code Sec. 181.066. ORGANIZING PRECINCT CONVENTION.

  20. Tex. Election Code Sec. 181.067. DELIVERY OF LIST OF PRECINCT CONVENTION PARTICIPANTS.

  21. Tex. Election Code Sec. 181.068. PARTY'S CERTIFICATION OF NOMINEES.

Chapter 182

  1. Tex. Election Code Sec. 182.001. NOMINATING BY CONVENTION AUTHORIZED. A political party that does not have a state executive committee may make nominations for county or precinct offices by convention as provided by this chapter.

  2. Tex. Election Code Sec. 182.002. PARTY ORGANIZATION. A political party making nominations under this chapter shall:

  3. Tex. Election Code Sec. 182.003. QUALIFYING FOR PLACEMENT ON BALLOT. To be entitled to have the names of its nominees placed on the general election ballot, a political party making nominations under this chapter must file with the county clerk, not later than the 75th day after the date of the precinct conventions held under this chapter, lists of precinct convention participants indicating that the number of participants equals at least three percent of the total number of votes received in the county by all candidates for governor in the most recent gubernatorial general election.

  4. Tex. Election Code Sec. 182.004. PETITION SUPPLEMENTING PRECINCT CONVENTION LISTS.

  5. Tex. Election Code Sec. 182.0041. APPLICATION FOR NOMINATION.

  6. Tex. Election Code Sec. 182.005. NOMINATIONS MADE BY COUNTY CONVENTION. A political party must make its nominations under this chapter at a county convention held on the first Saturday after the second Tuesday in March of the election year. The convention consists of delegates selected at precinct conventions held on the second Tuesday in March in the regular county election precincts.

  7. Tex. Election Code Sec. 182.006. ORGANIZING PRECINCT CONVENTION. A precinct convention held under this chapter shall be organized as provided by Section 181.066.

  8. Tex. Election Code Sec. 182.007. PARTY'S CERTIFICATION OF NOMINEES.

Chapter 191

  1. Tex. Election Code Sec. 191.001. PARTIES REQUIRED TO HOLD PRESIDENTIAL PRIMARY ELECTION. To be entitled to have its nominees for president and vice-president of the United States placed on the general election ballot in a particular presidential election year, a political party must hold a presidential primary election in this state if:

  2. Tex. Election Code Sec. 191.002. QUALIFYING FOR PLACE ON BALLOT.

  3. Tex. Election Code Sec. 191.003. NOTICE OF CANDIDATES TO SECRETARY OF STATE.

  4. Tex. Election Code Sec. 191.004. PRESIDENTIAL PRIMARY BALLOT.

  5. Tex. Election Code Sec. 191.005. PROCEDURES FOR CONDUCT OF PRESIDENTIAL PRIMARY GENERALLY.

  6. Tex. Election Code Sec. 191.006. FINANCING PRESIDENTIAL PRIMARY.

  7. Tex. Election Code Sec. 191.007. ALLOCATION OF DELEGATES.

  8. Tex. Election Code Sec. 191.008. IMPLEMENTATION BY PARTY.

  9. Tex. Election Code Sec. 191.031. PARTY HOLDING PRIMARY ELECTION.

  10. Tex. Election Code Sec. 191.032. PARTY NOT HOLDING PRIMARY ELECTION. If a political party not holding a primary election in a presidential election year desires to send delegates to a national presidential nominating convention of the party, the party shall select the delegates at the state convention at which the party is authorized by this code to make nominations for state offices.

Chapter 192

  1. Tex. Election Code Sec. 192.001. TIME OF ELECTION. Electors for president and vice-president of the United States shall be elected at the general election for state and county officers held in a presidential election year.

  2. Tex. Election Code Sec. 192.002. ELIGIBILITY.

  3. Tex. Election Code Sec. 192.003. METHOD OF BECOMING ELECTOR CANDIDATE. To become a presidential elector candidate, a person must be nominated as a political party's elector candidate in accordance with party rules or named as an elector candidate by an independent or write-in candidate for president.

  4. Tex. Election Code Sec. 192.004. ELECTOR CANDIDATE WITHDRAWAL. An elector candidate may withdraw from the presidential election before presidential election day, by delivering written notice of the withdrawal to:

  5. Tex. Election Code Sec. 192.005. VOTE REQUIRED FOR ELECTION. The set of elector candidates that is elected is the one that corresponds to the candidates for president and vice-president receiving the most votes.

  6. Tex. Election Code Sec. 192.006. MEETING OF ELECTORS.

  7. Tex. Election Code Sec. 192.008. ELECTOR EXPENSES.

  8. Tex. Election Code Sec. 192.009. REPLACEMENT NOMINEE. An elector shall consider a replacement candidate certified under Subchapter C to be the presidential or vice-presidential candidate for whom the elector is the corresponding presidential elector candidate.

  9. Tex. Election Code Sec. 192.031. PARTY CANDIDATE'S ENTITLEMENT TO PLACE ON BALLOT.

  10. Tex. Election Code Sec. 192.032. INDEPENDENT CANDIDATE'S ENTITLEMENT TO PLACE ON BALLOT.

  11. Tex. Election Code Sec. 192.033. CERTIFICATION OF CANDIDATES FOR PLACEMENT ON BALLOT.

  12. Tex. Election Code Sec. 192.034. LISTING CANDIDATES ON BALLOT.

  13. Tex. Election Code Sec. 192.035. VOTE FOR CANDIDATE COUNTS FOR CORRESPONDING ELECTORS. A vote for a presidential candidate and the candidate's running mate shall be counted as a vote for the corresponding presidential elector candidates.

  14. Tex. Election Code Sec. 192.036. WRITE-IN CANDIDATE.

  15. Tex. Election Code Sec. 192.037. RULES FOR COUNTING VOTES NOT CAST FOR BOTH CANDIDATES.

  16. Tex. Election Code Sec. 192.061. WITHDRAWAL, DEATH, OR INELIGIBILITY GENERALLY. With respect to withdrawal, death, or ineligibility of a presidential or vice-presidential candidate in a general election, this subchapter supersedes Subchapter A, Chapter 145, to the extent of any conflict.

  17. Tex. Election Code Sec. 192.062. PRESIDENTIAL OR VICE-PRESIDENTIAL PARTY NOMINEE.

  18. Tex. Election Code Sec. 192.063. INDEPENDENT PRESIDENTIAL CANDIDATE.

  19. Tex. Election Code Sec. 192.064. INDEPENDENT VICE-PRESIDENTIAL CANDIDATE.

  20. Tex. Election Code Sec. 192.065. CERTIFICATION OF WINNING CANDIDATE'S INABILITY TO SERVE; AFFIRMATION OR DENIAL BY ELECTORS.

  21. Tex. Election Code Sec. 192.101. DESIGNATION OF STATE'S ELECTORS. Each elector position in this state must be nominated in accordance with political party rules or by an independent or write-in presidential candidate, as applicable. Except as otherwise provided in Sections 192.006, 192.103, and 192.104, this state's electors are the winning elector nominees under the laws of this state.

  22. Tex. Election Code Sec. 192.102. OATH.

  23. Tex. Election Code Sec. 192.103. PRESIDING OFFICER; ELECTOR VACANCY.

  24. Tex. Election Code Sec. 192.104. ELECTOR VOTING.

Chapter 201

  1. Tex. Election Code Sec. 201.001. RESIGNING OR DECLINING OFFICE.

  2. Tex. Election Code Sec. 201.002. AUTHORITY TO ACT ON RESIGNATION OR DECLINATION. Unless otherwise provided by law, the authority to act on a public officer's resignation or an officer-elect's declination is the officer or body authorized to make an appointment or order a special election to fill a vacancy in the office.

  3. Tex. Election Code Sec. 201.021. TIME VACANCY OCCURS GENERALLY. For purposes of this title, a vacancy in office occurs at the time prescribed by this subchapter.

  4. Tex. Election Code Sec. 201.022. DEATH. If an officer or officer-elect dies, a vacancy occurs on the date of death.

  5. Tex. Election Code Sec. 201.023. RESIGNATION. If an officer submits a resignation, whether to be effective immediately or at a future date, a vacancy occurs on the date the resignation is accepted by the appropriate authority or on the eighth day after the date of its receipt by the authority, whichever is earlier.

  6. Tex. Election Code Sec. 201.024. REMOVAL. If an officer is removed from office by a court or other tribunal, a vacancy occurs on the date the judgment becomes final.

  7. Tex. Election Code Sec. 201.025. ACCEPTANCE OF ANOTHER OFFICE. If an officer accepts another office and the two offices may not lawfully be held simultaneously, a vacancy in the first office occurs on the date the person qualifies for the other office.

  8. Tex. Election Code Sec. 201.026. DECLARATION OF INELIGIBILITY.

  9. Tex. Election Code Sec. 201.027. NEW OFFICE. If a new office is created, a vacancy occurs on the effective date of the Act of the legislature creating the office or on the date the order creating the office is adopted.

  10. Tex. Election Code Sec. 201.028. DECEASED OR INELIGIBLE CANDIDATE RECEIVING VOTE REQUIRED FOR ELECTION. If a deceased or ineligible candidate receives the vote required for election to an office, a vacancy occurs on the date the final canvass of the election is completed.

  11. Tex. Election Code Sec. 201.029. DECLINATION OF OFFICER-ELECT. If an officer-elect declines to qualify for the office before assuming office for the term for which elected, a vacancy in the term occurs on the date the declination is delivered to the appropriate authority.

  12. Tex. Election Code Sec. 201.030. VACANCY RESULTING FROM RECALL ELECTION. For cities conducting recall elections, a vacancy in the officer's office occurs on the date of the final canvass of a successful recall election.

  13. Tex. Election Code Sec. 201.051. TIME FOR ORDERING ELECTION.

  14. Tex. Election Code Sec. 201.052. DATE OF ELECTION.

  15. Tex. Election Code Sec. 201.053. UNEXPIRED TERM AND FULL TERM FILLED SIMULTANEOUSLY.

  16. Tex. Election Code Sec. 201.054. FILING PERIOD FOR APPLICATION FOR PLACE ON BALLOT.

Chapter 202

  1. Tex. Election Code Sec. 202.001. APPLICABILITY OF CHAPTER. This chapter applies to elective offices of the state and county governments except the offices of state senator and state representative.

  2. Tex. Election Code Sec. 202.002. VACANCY FILLED AT GENERAL ELECTION.

  3. Tex. Election Code Sec. 202.003. NEW OFFICE.

  4. Tex. Election Code Sec. 202.004. NOMINATION BY PRIMARY ELECTION.

  5. Tex. Election Code Sec. 202.005. NOMINATION BY CONVENTION. A political party's nominee for an unexpired term must be nominated by the appropriate party convention if:

  6. Tex. Election Code Sec. 202.006. NOMINATION BY EXECUTIVE COMMITTEE.

  7. Tex. Election Code Sec. 202.007. FILING DEADLINE FOR APPLICATION OF INDEPENDENT CANDIDATE.

Chapter 203

  1. Tex. Election Code Sec. 203.001. APPLICABILITY OF CHAPTER. This chapter applies to the offices of state senator and state representative.

  2. Tex. Election Code Sec. 203.002. VACANCY FILLED AT SPECIAL ELECTION. An unexpired term in office may be filled only by a special election in accordance with this chapter.

  3. Tex. Election Code Sec. 203.003. MAJORITY VOTE REQUIRED. To be elected in a special election for an unexpired term, a candidate must receive a majority of the total number of votes received by all candidates for the unexpired term.

  4. Tex. Election Code Sec. 203.004. DATE OF ELECTION.

  5. Tex. Election Code Sec. 203.005. APPLICATION REQUIRED.

  6. Tex. Election Code Sec. 203.006. APPLICATION FILED WITH SECRETARY OF STATE. An application for a place on a special election ballot must be filed with the secretary of state.

  7. Tex. Election Code Sec. 203.007. NUMBER OF PETITION SIGNATURES REQUIRED. The minimum number of signatures that must appear on the petition authorized by Section 203.005(b)(2)(B) is 500.

  8. Tex. Election Code Sec. 203.008. CIRCULATION OF PETITION. A petition authorized by Section 203.005(b)(2)(B) may not be circulated before the day after the date the vacancy occurs.

  9. Tex. Election Code Sec. 203.009. CERTIFICATION OF CANDIDATES FOR PLACEMENT ON BALLOT.

  10. Tex. Election Code Sec. 203.010. TIME FOR CERTIFICATION OF RUNOFF CANDIDATES. The certification of the names of the runoff candidates for placement on a runoff ballot shall be delivered not later than the fifth day after the date the final canvass is completed.

  11. Tex. Election Code Sec. 203.011. PARTY ALIGNMENT ON BALLOT. The party alignment of each candidate shall be printed on the official ballot next to the candidate's name.

  12. Tex. Election Code Sec. 203.012. TIME OF CANVASS.

  13. Tex. Election Code Sec. 203.013. EXPEDITED ELECTION.

  14. Tex. Election Code Sec. 203.014. DISPOSITION OF FILING FEES. The secretary of state shall deposit the filing fees received under Section 203.005 in a suspense account with the comptroller until after election day. The funds remaining in the account after any refunds are made shall be deposited to the credit of the General Revenue Fund.

Chapter 204

  1. Tex. Election Code Sec. 204.001. APPLICABILITY OF SUBCHAPTER. This subchapter applies to the office of United States senator.

  2. Tex. Election Code Sec. 204.002. TEMPORARY APPOINTMENT TO FILL VACANCY. The governor shall appoint a person to fill a vacancy in office if the vacancy exists or will exist when congress is in session. The appointee serves until a successor has been elected and has qualified.

  3. Tex. Election Code Sec. 204.003. VACANCY FILLED AT GENERAL ELECTION. If a vacancy occurs on or after January 1 of an even-numbered year and on or before the 62nd day before general primary election day, the remainder of the unexpired term shall be filled at the next general election for state and county officers.

  4. Tex. Election Code Sec. 204.004. NOMINATION FOR VACANCY FILLED AT GENERAL ELECTION. A nomination by a political party for an unexpired term to be filled at the general election for state and county officers is made in the manner prescribed by Section 202.004 or 202.005, as applicable.

  5. Tex. Election Code Sec. 204.005. VACANCY FILLED AT SPECIAL ELECTION. If a vacancy occurs during an odd-numbered year or after the 62nd day before general primary election day in an even-numbered year, the remainder of the unexpired term shall be filled by a special election in the same manner as provided by Chapter 203 for the legislature, except that:

  6. Tex. Election Code Sec. 204.021. VACANCY FILLED AT SPECIAL ELECTION. An unexpired term in the office of United States representative may be filled only by a special election in the same manner as provided by Chapter 203 for the legislature, except that Section 203.013 does not apply.

Chapter 211

  1. Tex. Election Code Sec. 211.001. ELECTIONS IN WHICH RECOUNT MAY BE OBTAINED. A recount may be obtained as provided by this title in any election.

  2. Tex. Election Code Sec. 211.002. DEFINITIONS. In this title:

  3. Tex. Election Code Sec. 211.003. CHANGE IN OUTCOME OF ELECTION. In this title, a change in the outcome of an election occurs if, as a result of a recount in the precincts included in a recount document:

  4. Tex. Election Code Sec. 211.004. PRESIDING OFFICER OF CANVASSING AUTHORITY INELIGIBLE OR UNABLE TO SERVE.

  5. Tex. Election Code Sec. 211.005. METHOD OF GIVING NOTICE; RECORD OF NOTICE.

  6. Tex. Election Code Sec. 211.006. PROMPT PERFORMANCE OF RECOUNT FUNCTIONS.

  7. Tex. Election Code Sec. 211.007. PRESERVATION OF RECOUNT PAPERS.

Chapter 212

  1. Tex. Election Code Sec. 212.001. GENERAL REQUIREMENTS FOR RECOUNT DOCUMENT. A recount document submitted under this title must:

  2. Tex. Election Code Sec. 212.002. DESIGNATION OF AGENT TO RECEIVE NOTICE.

  3. Tex. Election Code Sec. 212.003. SUBMISSION OF RECOUNT DOCUMENT.

  4. Tex. Election Code Sec. 212.004. FURNISHING COPIES OF DOCUMENTS TO CERTAIN INTERESTED PERSONS. The recount coordinator shall furnish without charge a copy of a recount document or a document amending a recount document to each person, other than the person submitting the document, who is entitled to notice of its approval.

  5. Tex. Election Code Sec. 212.005. MULTIPLE RECOUNTS ON SAME OFFICE OR MEASURE.

  6. Tex. Election Code Sec. 212.006. WITHDRAWAL OF RECOUNT PETITION.

  7. Tex. Election Code Sec. 212.021. APPLICABILITY OF SUBCHAPTER. This subchapter applies to all elections except an election to which an expedited recount under Subchapter D applies.

  8. Tex. Election Code Sec. 212.022. OBTAINING INITIAL RECOUNT IN ELECTION ON OFFICE. Except as provided by Section 212.0241, a candidate for nomination or election to an office may obtain an initial recount in an election in which the person was a candidate if:

  9. Tex. Election Code Sec. 212.023. OBTAINING INITIAL RECOUNT IN ELECTION FOR PRESIDENTIAL ELECTORS.

  10. Tex. Election Code Sec. 212.0231. OBTAINING INITIAL RECOUNT IN PRESIDENTIAL PRIMARY ELECTION. Except as provided by Section 212.0241, in a presidential primary election, a candidate in the election, or any 25 or more persons who were eligible to vote in the election acting jointly on behalf of an uncommitted delegation, may obtain an initial recount in the election if:

  11. Tex. Election Code Sec. 212.024. OBTAINING INITIAL RECOUNT IN ELECTION ON MEASURE.

  12. Tex. Election Code Sec. 212.0241. NO GROUND REQUIRED FOR ELECTRONIC VOTING SYSTEM RECOUNT.

  13. Tex. Election Code Sec. 212.025. PETITION FOR INITIAL RECOUNT REQUIRED. An initial recount may not be conducted unless a person authorized to obtain the recount submits, as provided by this subchapter, a petition for the recount that complies with the applicable requirements prescribed by this title.

  14. Tex. Election Code Sec. 212.026. AUTHORITY TO WHOM PETITION SUBMITTED.

  15. Tex. Election Code Sec. 212.027. NOTICE OF PETITION SUBMISSION TO OTHER CANVASSING AUTHORITIES.

  16. Tex. Election Code Sec. 212.028. TIME FOR SUBMITTING PETITION.

  17. Tex. Election Code Sec. 212.029. INITIAL REVIEW OF PETITION.

  18. Tex. Election Code Sec. 212.030. AMENDMENT OF PETITION.

  19. Tex. Election Code Sec. 212.031. FINAL ACTION ON PETITION.

  20. Tex. Election Code Sec. 212.032. NOTICE OF APPROVAL TO OTHERS INVOLVED IN ELECTION. After approving a recount petition, the recount coordinator shall promptly notify the following persons of the petition's approval:

  21. Tex. Election Code Sec. 212.033. EFFECT OF PETITION SUBMISSION ON CANVASS.

  22. Tex. Election Code Sec. 212.0331. EFFECT OF PETITION SUBMISSION ON QUALIFYING FOR OFFICE.

  23. Tex. Election Code Sec. 212.034. COUNTING ERRORS AS GROUND FOR RECOUNT IN PAPER BALLOT PRECINCTS.

  24. Tex. Election Code Sec. 212.035. APPLICATION FOR INCLUDING REMAINING PAPER BALLOT PRECINCTS.

  25. Tex. Election Code Sec. 212.051. APPLICABILITY OF SUBCHAPTER. This subchapter does not apply to an election to which an expedited recount under Subchapter D applies.

  26. Tex. Election Code Sec. 212.052. SUPPLEMENTARY RECOUNT AUTHORIZED. If a partial recount is conducted in election precincts in which paper ballots were used, a recount of votes cast in the remaining precincts in which paper ballots were used may be obtained as provided by this subchapter.

  27. Tex. Election Code Sec. 212.053. OBTAINING SUPPLEMENTARY RECOUNT.

  28. Tex. Election Code Sec. 212.054. APPLICATION FOR SUPPLEMENTARY RECOUNT REQUIRED. A supplementary recount may not be conducted unless a person authorized to obtain the recount submits, as provided by this subchapter, an application for the recount that complies with the applicable requirements prescribed by this title.

  29. Tex. Election Code Sec. 212.055. AUTHORITY TO WHOM APPLICATION SUBMITTED. A supplementary recount application must be submitted to the recount coordinator.

  30. Tex. Election Code Sec. 212.056. TIME FOR SUBMITTING APPLICATION.

  31. Tex. Election Code Sec. 212.057. PROCESSING APPLICATION.

  32. Tex. Election Code Sec. 212.081. APPLICABILITY OF SUBCHAPTER. This subchapter applies to a recount in an election on an office in which:

  33. Tex. Election Code Sec. 212.082. RECOUNT PETITION. Except as otherwise provided by this subchapter, a recount under this subchapter is initiated by a petition submitted and processed in accordance with Subchapter B.

  34. Tex. Election Code Sec. 212.083. DEADLINE FOR SUBMITTING PETITION. The deadline for submitting a recount petition under this subchapter is 2 p.m. of the second day after the date of the local canvass.

  35. Tex. Election Code Sec. 212.084. NOTICE OF PETITION SUBMISSION. If the recount coordinator determines that a recount petition does not comply with the applicable requirements but is correctable by amendment, the coordinator shall promptly give notice of the submission to each opposing candidate. The notice required by this section is in addition to the notice of approval of a petition required by Section 212.032.

  36. Tex. Election Code Sec. 212.085. DEADLINE FOR AMENDING PETITION. The deadline for amending a petition under this subchapter is:

  37. Tex. Election Code Sec. 212.086. APPLICATION FOR INCLUDING REMAINING PAPER BALLOT PRECINCTS. Except as otherwise provided by this subchapter, the provisions of Subchapter B governing an application for including remaining paper ballot precincts govern the application in an expedited recount.

  38. Tex. Election Code Sec. 212.087. PROCESSING APPLICATION. An application for including remaining paper ballot precincts is subject to review, amendment, and action by the recount coordinator in the same manner as a petition submitted under this subchapter, except that Section 212.084 does not apply.

  39. Tex. Election Code Sec. 212.088. DEADLINE ON SATURDAY, SUNDAY, OR HOLIDAY.

  40. Tex. Election Code Sec. 212.089. DAYS AND HOURS FOR PERFORMING DUTIES. The recount coordinator, each recount supervisor, and each recount committee involved in an expedited recount shall continue performing their duties on days that are not regular working days and during hours that are not regular working hours if necessary to complete the recount in time to avoid interfering with the orderly conduct of the scheduled runoff election.

  41. Tex. Election Code Sec. 212.111. DEPOSIT REQUIRED.

  42. Tex. Election Code Sec. 212.112. AMOUNT OF DEPOSIT. The amount of the recount deposit is:

  43. Tex. Election Code Sec. 212.113. RETURN OF DEPOSIT.

  44. Tex. Election Code Sec. 212.131. SCOPE OF INITIAL RECOUNT.

  45. Tex. Election Code Sec. 212.132. SCOPE OF SUPPLEMENTARY RECOUNT. A supplementary recount must include each remaining election precinct in which paper ballots were used in the election.

  46. Tex. Election Code Sec. 212.133. SCOPE OF EXPEDITED RECOUNT. An expedited recount is governed by Section 212.131.

  47. Tex. Election Code Sec. 212.134. EARLY VOTING VOTES TREATED AS PRECINCT.

  48. Tex. Election Code Sec. 212.135. VOTES TO BE RECOUNTED. Except as provided by Section 212.136, all votes cast in the election precincts included in a recount on the office or measure specified by the recount document are subject to the recount.

  49. Tex. Election Code Sec. 212.136. EXCLUSION OF CERTAIN VOTES FROM RECOUNT IN PRECINCTS USING VOTING SYSTEM.

  50. Tex. Election Code Sec. 212.137. OBJECTION TO EXCLUSION OF VOTES.

Chapter 213

  1. Tex. Election Code Sec. 213.001. GENERAL SUPERVISION OF RECOUNT.

  2. Tex. Election Code Sec. 213.002. RECOUNT COMMITTEE.

  3. Tex. Election Code Sec. 213.003. ELIGIBILITY FOR COMMITTEE MEMBERSHIP.

  4. Tex. Election Code Sec. 213.004. COMPENSATION OF COMMITTEE MEMBERS.

  5. Tex. Election Code Sec. 213.005. COUNTING TEAMS.

  6. Tex. Election Code Sec. 213.006. DETERMINATION OF COUNTING QUESTIONS.

  7. Tex. Election Code Sec. 213.007. ACCESS TO BALLOTS, EQUIPMENT, AND OTHER MATERIALS.

  8. Tex. Election Code Sec. 213.008. ARRANGEMENTS FOR RECOUNT; SETTING TIME AND PLACE. The recount supervisor shall make the arrangements necessary for conducting the recount and shall set the time and place for beginning the recount.

  9. Tex. Election Code Sec. 213.009. NOTICE OF RECOUNT.

  10. Tex. Election Code Sec. 213.010. EARLY RECOUNT. A recount may begin earlier than 18 hours after notice is given under Section 213.009 if each person entitled to the notice agrees to begin at a specified earlier time.

  11. Tex. Election Code Sec. 213.011. VOTES COUNTED BY PRECINCT. The recount committee shall count the votes separately by precinct.

  12. Tex. Election Code Sec. 213.0111. RECOUNT OF DISPUTED BALLOTS.

  13. Tex. Election Code Sec. 213.012. COMMITTEE REPORT OF RECOUNT.

  14. Tex. Election Code Sec. 213.013. REPRESENTATION OF PARTIES AND POLITICAL PARTIES AT RECOUNT.

  15. Tex. Election Code Sec. 213.014. CANVASS BY COMMITTEE FOLLOWING RECOUNT. If a canvassing authority that normally makes the canvass following a recount consists of more than five members, the presiding officer of the authority may require the canvass to be made by a committee composed of the presiding officer and four other members of the canvassing authority designated by the presiding officer.

  16. Tex. Election Code Sec. 213.015. BYSTANDERS EXCLUDED.

  17. Tex. Election Code Sec. 213.016. PRINTING IMAGES OF BALLOTS CAST USING DIRECT RECORDING ELECTRONIC VOTING MACHINES. During any printing of images of ballots cast using direct recording electronic voting machines for the purpose of a recount, the full recount committee is not required to be present. The recount committee chair shall determine how many committee members must be present during the printing of the images. Each candidate is entitled to be present and to have representatives present during the printing of the images in the same number as Section 213.013(b) prescribes for watchers for a recount.

  18. Tex. Election Code Sec. 213.031. APPLICABILITY OF SUBCHAPTER. This subchapter applies to recounts in elections for which there is no canvass at the state level.

  19. Tex. Election Code Sec. 213.032. NOTICE OF PARTIAL INITIAL RECOUNT. After receiving the recount committee's report of a partial initial recount, the recount supervisor shall promptly give notice of the result of the recount to each person entitled to notice of the recount under Section 213.009.

  20. Tex. Election Code Sec. 213.033. CANVASS FOLLOWING RECOUNT.

  21. Tex. Election Code Sec. 213.051. APPLICABILITY OF SUBCHAPTER. This subchapter applies to recounts in elections for which there is a final canvass at the state level.

  22. Tex. Election Code Sec. 213.052. AGENT FOR RECEIVING NOTICE OF RECOUNT.

  23. Tex. Election Code Sec. 213.053. NOTICE OF RECOUNT TO SUPERVISOR. The recount coordinator shall give each recount supervisor involved in a recount notice of:

  24. Tex. Election Code Sec. 213.054. NOTICE OF RECOUNT RESULT TO COORDINATOR. After receiving the recount committee's report, the recount supervisor shall promptly notify the recount coordinator of the result of the recount.

  25. Tex. Election Code Sec. 213.055. SUPERVISOR'S REPORT.

  26. Tex. Election Code Sec. 213.056. DETERMINATION OF RESULT OF RECOUNT; NOTICE.

  27. Tex. Election Code Sec. 213.057. CANVASS FOLLOWING RECOUNT. As soon as practicable after completion of a recount that changes the number of votes received for a particular candidate or for or against a measure, the final canvassing authority shall conduct a canvass for the office or measure involved using the recount supervisor's report, instead of the original county election returns, for each county in which a recount was conducted. An original final canvass for the office or measure is void, and the new final canvass is the official final canvass for the election on that office or measure. If no change occurs in the recount in the number of votes received for a candidate or for or against a measure, the official result of the election is determined from the original final canvass.

  28. Tex. Election Code Sec. 213.058. CANVASS FOLLOWING EXPEDITED RECOUNT.

  29. Tex. Election Code Sec. 213.059. GENERAL ELECTION FOR GOVERNOR OR LIEUTENANT GOVERNOR.

Chapter 214

  1. Tex. Election Code Sec. 214.001. APPLICABILITY OF SUBCHAPTER. This subchapter applies to a recount of regular paper ballots and any other ballots not recounted under Subchapter B, C, or D.

  2. Tex. Election Code Sec. 214.002. COUNTING PROCEDURE.

  3. Tex. Election Code Sec. 214.003. DISPOSITION OF TALLY LISTS.

  4. Tex. Election Code Sec. 214.041. APPLICABILITY OF SUBCHAPTER.

  5. Tex. Election Code Sec. 214.042. COUNTING METHOD FOR RECOUNT.

  6. Tex. Election Code Sec. 214.043. EQUIPMENT USED FOR RECOUNT.

  7. Tex. Election Code Sec. 214.044. CHARGE FOR USE OF EQUIPMENT. The person having control of the automatic tabulating equipment used in the original count shall make it available for a recount for a reasonable charge at a rate not to exceed the rate charged for its use in the election being recounted. If the equipment is owned or leased by the authority responsible for the expenses of the election, a charge may not be made for its use in the recount.

  8. Tex. Election Code Sec. 214.045. COMPOSITION OF COMMITTEE.

  9. Tex. Election Code Sec. 214.046. TEST OF PROGRAM AND EQUIPMENT.

  10. Tex. Election Code Sec. 214.047. TEST USING UNOFFICIAL TEST MATERIALS.

  11. Tex. Election Code Sec. 214.048. REQUEST FOR MANUAL RECOUNT AFTER SUCCESSFUL TEST.

  12. Tex. Election Code Sec. 214.049. COUNTING PROCEDURE.

  13. Tex. Election Code Sec. 214.050. COUNTING AND RECORDING WRITE-IN VOTES.

  14. Tex. Election Code Sec. 214.051. DISPOSITION OF RECOUNT RETURNS.

  15. Tex. Election Code Sec. 214.071. PROCEDURES PRESCRIBED BY SECRETARY OF STATE. The secretary of state shall prescribe the counting procedures for a recount of votes cast by means of a voting system to which Subchapter B or C does not apply.

Chapter 215

  1. Tex. Election Code Sec. 215.001. PAYMENT OF COSTS.

  2. Tex. Election Code Sec. 215.002. ASSESSABLE COSTS. Only the following costs of a recount are assessable against a person:

  3. Tex. Election Code Sec. 215.003. ASSESSMENT OF COSTS.

  4. Tex. Election Code Sec. 215.004. DISPOSITION OF DEPOSIT FOR COSTS.

  5. Tex. Election Code Sec. 215.005. ADMINISTRATION OF COSTS.

  6. Tex. Election Code Sec. 215.006. MAINTAINING RECORD OF COSTS.

  7. Tex. Election Code Sec. 215.007. STATEMENT OF COSTS FOR COORDINATOR.

  8. Tex. Election Code Sec. 215.008. STATEMENT OF COSTS FOR PERSON ASSESSED.

  9. Tex. Election Code Sec. 215.009. ITEMIZED STATEMENT AND INSPECTION OF RECORDS.

  10. Tex. Election Code Sec. 215.010. COLLECTION OF COSTS.

Chapter 216

  1. Tex. Election Code Sec. 216.001. APPLICABILITY OF CHAPTER. This chapter applies only to an election that results in a tie vote as provided by Sections 2.002(i), 2.023(b) and (c), and 2.028.

  2. Tex. Election Code Sec. 216.002. CONDUCT OF AUTOMATIC RECOUNT GENERALLY. Except as otherwise provided by this chapter, this title, including the notice requirement of Section 213.009, applies to a recount conducted under this chapter with appropriate modifications as prescribed by the secretary of state.

  3. Tex. Election Code Sec. 216.003. INITIATING AUTOMATIC RECOUNT. For purposes of initiating an automatic recount, the authority designated under Section 212.026 shall order the recount.

  4. Tex. Election Code Sec. 216.004. COUNTING PROCEDURES. The method of counting votes in an automatic recount is the same method of counting used in the election that resulted in the tie vote.

  5. Tex. Election Code Sec. 216.005. COST OF AUTOMATIC RECOUNT.

Chapter 221

  1. Tex. Election Code Sec. 221.001. APPLICABILITY OF TITLE. This title does not apply to:

  2. Tex. Election Code Sec. 221.002. JURISDICTION.

  3. Tex. Election Code Sec. 221.003. SCOPE OF INQUIRY.

  4. Tex. Election Code Sec. 221.004. DEFAULT JUDGMENT NOT ALLOWED. A default judgment may not be rendered in an election contest.

  5. Tex. Election Code Sec. 221.005. DATE OF DETERMINATION OF OFFICIAL RESULT OF ELECTION. Except as provided by Section 242.003, in this title the date the official result of an election is determined is the date the final canvassing authority for the election completes its canvass for the office or measure involved in the contest. If a new canvass is conducted following a recount, the date of the official result is the date the authority completes its canvass on the basis of the recount.

  6. Tex. Election Code Sec. 221.006. EFFECT OF CONTEST ON CANVASS. Except as otherwise provided by this title, the filing of an election contest before the canvass of the contested election is completed does not affect the canvassing process, and the result of the election shall be determined and certified as if the contest had not been filed.

  7. Tex. Election Code Sec. 221.007. CONTESTEE IN CONTEST FILED BEFORE FINAL CANVASS.

  8. Tex. Election Code Sec. 221.008. EXAMINATION OF SECURED BALLOTS AND EQUIPMENT. A tribunal hearing an election contest may cause secured ballot boxes, voting machines, or other equipment used in the election to be unsecured to determine the correct vote count or any other fact that the tribunal considers pertinent to a fair and just disposition of the contest.

  9. Tex. Election Code Sec. 221.009. COMPELLING VOTER TO REVEAL VOTE.

  10. Tex. Election Code Sec. 221.010. SECONDARY EVIDENCE FOR UNAVAILABLE BALLOTS. If an examination of ballots is needed in an election contest and the ballots are lost, destroyed, or otherwise beyond the reach of the tribunal, the voters who cast the ballots may testify as to how they voted.

  11. Tex. Election Code Sec. 221.011. ILLEGAL VOTES SUBTRACTED.

  12. Tex. Election Code Sec. 221.012. TRIBUNAL'S ACTION ON CONTEST.

  13. Tex. Election Code Sec. 221.013. COSTS OF CONTEST WHEN ELECTION DECLARED VOID.

  14. Tex. Election Code Sec. 221.014. EXPENSES OF NEW ELECTION ORDERED IN ELECTION CONTEST.

  15. Tex. Election Code Sec. 221.015. RIGHT TO OCCUPY OFFICE INVOLVED IN CONTEST.

  16. Tex. Election Code Sec. 221.016. PRESERVATION OF CONTEST PAPERS.

  17. Tex. Election Code Sec. 221.017. EFFECT OF STATUTES OUTSIDE CODE. A statute outside this code that relates to contests of a particular type of election supersedes this code to the extent of any conflict.

  18. Tex. Election Code Sec. 221.018. EXAMINATION OF CERTAIN CONFIDENTIAL INFORMATION.

Chapter 231

  1. Tex. Election Code Sec. 231.001. APPLICABILITY OF SUBTITLE. This subtitle applies to an election contest of which the district court has jurisdiction.

  2. Tex. Election Code Sec. 231.002. APPLICABILITY OF RULES GOVERNING CIVIL SUITS. Except as otherwise provided by this subtitle, the rules governing civil suits in the district court apply to an election contest in the district court.

  3. Tex. Election Code Sec. 231.003. ATTENDANCE ON LEGISLATURE NOT GROUND FOR CONTINUANCE. Intended or actual attendance on a session of the legislature by a party or an attorney for a party to an election contest is not a ground for granting a continuance in the trial of the contest.

  4. Tex. Election Code Sec. 231.004. DISQUALIFICATION OF DISTRICT JUDGE.

  5. Tex. Election Code Sec. 231.005. JURY TRIAL NOT ALLOWED. The district judge shall decide the issues of fact in an election contest without a jury.

  6. Tex. Election Code Sec. 231.006. COMPELLING PRODUCTION OF ELECTION RECORDS AND ATTENDANCE OF ELECTION OFFICERS. The limitation on the distance within which a witness may be compelled to attend the trial of a civil suit does not apply to officers of a contested election or custodians of records, equipment, or supplies of a contested election who are subpoenaed to appear in the contest to give testimony or to produce election records, ballot boxes, or other tangible things.

  7. Tex. Election Code Sec. 231.007. PROCEDURES FOR NEW ELECTION GENERALLY.

  8. Tex. Election Code Sec. 231.008. DELIVERY OF CERTIFIED COPIES OF JUDGMENT.

  9. Tex. Election Code Sec. 231.009. PRECEDENCE OF CONTEST ON APPEAL. An election contest has precedence in the appellate courts and shall be disposed of as expeditiously as practicable.

Chapter 232

  1. Tex. Election Code Sec. 232.001. APPLICABILITY OF CHAPTER. This chapter applies to a contest of an election for nomination or election to a public office or an office of a political party.

  2. Tex. Election Code Sec. 232.002. CONTESTANT. Any candidate in an election may contest the election.

  3. Tex. Election Code Sec. 232.003. CONTESTEE: GENERAL RULE.

  4. Tex. Election Code Sec. 232.004. SUBSTITUTE CONTESTEE.

  5. Tex. Election Code Sec. 232.005. ADDITIONAL CONTESTEE. The district court may require or permit any one or more candidates in a contested election to be named as contestee or may permit the candidates to intervene on the side of the contestee, as the court determines the circumstances warrant.

  6. Tex. Election Code Sec. 232.006. VENUE.

  7. Tex. Election Code Sec. 232.007. RUNOFF NOT HELD UNTIL FINAL JUDGMENT.

  8. Tex. Election Code Sec. 232.008. FILING PERIOD FOR PETITION.

  9. Tex. Election Code Sec. 232.009. NOTICE OF CONTEST TO CANVASSING AUTHORITY.

  10. Tex. Election Code Sec. 232.010. FILING PERIOD FOR ANSWER. A contestee in a contest of a general or special election must file an answer to the contestant's petition not later than 10 a.m. of the 10th day after the date of service of citation on the contestee or 10 a.m. of the fifth day after the date the official result in the contested race is determined, whichever is later. The citation must command the contestee to answer by the specified deadline.

  11. Tex. Election Code Sec. 232.011. RETURN OF UNSERVED CITATION. The citation issued in an election contest must direct the officer receiving the citation to return it unserved if it is not served within 20 days after the date of issuance.

  12. Tex. Election Code Sec. 232.012. ACCELERATED PROCEDURES FOR TRIAL OF CERTAIN CONTESTS.

  13. Tex. Election Code Sec. 232.013. RESCHEDULING RUNOFF FOR CONTESTED RACE.

  14. Tex. Election Code Sec. 232.014. ACCELERATED APPEAL IN PRIMARY CONTEST.

  15. Tex. Election Code Sec. 232.015. ACCELERATION OF APPEAL BY COURT IN CONTEST OF GENERAL OR SPECIAL ELECTION.

  16. Tex. Election Code Sec. 232.016. APPEAL SUSPENDS EXECUTION OF JUDGMENT. The perfecting of an appeal in an election contest suspends the execution of the district court's judgment pending the disposition of the appeal without the necessity for a supersedeas bond.

  17. Tex. Election Code Sec. 232.041. NEW ELECTION ORDERED IF CONTESTED ELECTION VOID. In an election contest in which the contested election is declared void, the court shall include in its judgment an order directing the appropriate authority to order a new election.

  18. Tex. Election Code Sec. 232.042. CANDIDATES IN NEW ELECTION. Except as otherwise provided by this subchapter, the candidates in a new election ordered by a court in an election contest are the same candidates who were in the contested election.

  19. Tex. Election Code Sec. 232.043. WRITE-IN VOTES IN NEW ELECTION. A write-in vote in a new election ordered by a court in an election contest may not be counted unless write-in votes were received by the candidate in the contested election.

  20. Tex. Election Code Sec. 232.044. WITHDRAWAL IN NEW ELECTION. The provisions of this code governing withdrawal of candidates in the contested election apply to the new election ordered by a court in an election contest, except that:

  21. Tex. Election Code Sec. 232.045. DEATH OR INELIGIBILITY OF CANDIDATE IN NEW ELECTION.

  22. Tex. Election Code Sec. 232.046. REPLACEMENT PARTY CANDIDATES IN NEW ELECTION: GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.

  23. Tex. Election Code Sec. 232.047. REPLACEMENT OF PARTISAN NOMINEE IN CITY ELECTION.

  24. Tex. Election Code Sec. 232.048. RUNOFF FOLLOWING NEW ELECTION.

  25. Tex. Election Code Sec. 232.049. SECOND RUNOFF FOLLOWING CONTEST OF RUNOFF. If in a new election ordered by a court in a contest of a runoff election there are more than two candidates and no candidate receives a majority vote, another runoff to determine the nomination or election to the contested office shall be ordered in accordance with Section 232.048, except as otherwise provided by that section.

  26. Tex. Election Code Sec. 232.050. BALLOT FORM AND ORDER OF NAMES ON BALLOT.

Chapter 233

  1. Tex. Election Code Sec. 233.001. APPLICABILITY OF CHAPTER. This chapter applies to a contest of an election on a measure.

  2. Tex. Election Code Sec. 233.002. CONTESTANT. One or more qualified voters of the territory covered by an election on a measure may contest the election.

  3. Tex. Election Code Sec. 233.003. CONTESTEE.

  4. Tex. Election Code Sec. 233.004. INTERVENTION.

  5. Tex. Election Code Sec. 233.005. VENUE. The venue of an election contest is:

  6. Tex. Election Code Sec. 233.006. FILING PERIOD FOR PETITION.

  7. Tex. Election Code Sec. 233.007. FILING PERIOD FOR ANSWER.

  8. Tex. Election Code Sec. 233.008. RETURN OF UNSERVED CITATION. The citation issued in an election contest must direct the officer receiving the citation to return it unserved if it is not served within 20 days after the date of issuance.

  9. Tex. Election Code Sec. 233.009. NOTICE OF FILING AND OUTCOME OF CONTEST TO AUTHORITY RECEIVING ELECTION CERTIFICATION. If the result of a contested election is required to be certified to an authority other than the authority that ordered the election, the authority responsible for delivering the certification shall:

  10. Tex. Election Code Sec. 233.010. EFFECT OF CONTEST ON IMPLEMENTATION OF ADOPTED MEASURE.

  11. Tex. Election Code Sec. 233.011. NEW ELECTION ORDERED IF CONTESTED ELECTION VOID. The court may not order a new election to be held if the contested election is declared void, except that the court shall include in its judgment an order directing the appropriate authority to order a new election if the authority that ordered the contested election was required by law to order it pursuant to a petition requesting the election or requesting other action making the holding of the election necessary.

  12. Tex. Election Code Sec. 233.0115. BALLOT LANGUAGE MANDAMUS ACTION. If a court orders a new election under Section 233.011, a person may seek from the court a writ of mandamus to compel the governing body of a city to comply with the requirement that a ballot proposition must substantially submit the question with such definiteness, certainty, and facial neutrality that the voters are not misled, as provided by Section 273.102.

  13. Tex. Election Code Sec. 233.012. EFFECT OF VOID ELECTION.

  14. Tex. Election Code Sec. 233.013. CONSOLIDATION OF CONTEST. If more than one election contest involving the same measure is filed, the actions shall be consolidated.

Chapter 241

  1. Tex. Election Code Sec. 241.001. APPLICABILITY OF CHAPTER. This chapter applies to a contest of a general or special election for the office of state senator or state representative.

  2. Tex. Election Code Sec. 241.002. PARTIES. The provisions of this title relating to who may be or is required to be a party in an election contest in the district court apply to a contest under this chapter.

  3. Tex. Election Code Sec. 241.003. PETITION.

  4. Tex. Election Code Sec. 241.004. ANSWER.

  5. Tex. Election Code Sec. 241.005. METHOD OF DELIVERING CONTEST PAPERS TO PARTIES.

  6. Tex. Election Code Sec. 241.006. DELIVERY OF CONTEST PAPERS TO PRESIDING OFFICER.

  7. Tex. Election Code Sec. 241.0061. SECURITY FOR COSTS.

  8. Tex. Election Code Sec. 241.007. RUNOFF DELAYED.

  9. Tex. Election Code Sec. 241.008. PRESIDING OFFICER AS PARTY. If the presiding officer of the house having jurisdiction is a party to a contest, the house shall elect one of its members to perform the duties of the presiding officer with respect to the contest. The chair of the house's committee on administration shall perform those duties until the substitute is elected.

  10. Tex. Election Code Sec. 241.009. MASTER OF DISCOVERY.

  11. Tex. Election Code Sec. 241.0091. FRIVOLOUS PETITION.

  12. Tex. Election Code Sec. 241.010. DISCOVERY AND DEPOSITIONS.

  13. Tex. Election Code Sec. 241.011. REFERRAL OF CONTEST TO COMMITTEE; HEARING BY COMMITTEE.

  14. Tex. Election Code Sec. 241.012. HEARING PROCEDURE. The procedure for the committee hearing of an election contest shall be prescribed by rules of the house in which the contest is pending.

  15. Tex. Election Code Sec. 241.013. EVIDENCE. Except as otherwise provided by house rules, the rules of evidence generally applicable to a civil suit in the district court apply to the hearing of an election contest.

  16. Tex. Election Code Sec. 241.014. ATTENDANCE OF WITNESSES.

  17. Tex. Election Code Sec. 241.015. COMMITTEE REPORT.

  18. Tex. Election Code Sec. 241.016. MINORITY REPORT. Any member of the committee dissenting from the views of the majority may file a minority report.

  19. Tex. Election Code Sec. 241.017. WITHDRAWAL OF CONTEST.

  20. Tex. Election Code Sec. 241.018. DISPOSITION OF CONTEST BY HOUSE.

  21. Tex. Election Code Sec. 241.019. DISPOSITION OF CONTEST BY COMMITTEE. The committee to which a contest of a special election is referred shall take action on the contest as prescribed by Section 221.012 if:

  22. Tex. Election Code Sec. 241.020. NEW ELECTION ORDERED IF CONTESTED ELECTION VOID. In an election contest in which the election is declared void, the house or committee, as appropriate, shall include in its judgment an order directing the governor to order a new election.

  23. Tex. Election Code Sec. 241.021. DELIVERY OF CERTIFIED COPIES OF JUDGMENT.

  24. Tex. Election Code Sec. 241.022. PROCEDURES FOR NEW ELECTION GENERALLY.

  25. Tex. Election Code Sec. 241.023. ACCELERATED ELECTION SCHEDULE. If another election is necessary under the judgment in an election contest, the applicable time intervals for conducting a special election for state senator or state representative apply if the judgment is rendered:

  26. Tex. Election Code Sec. 241.024. CANDIDATES IN NEW ELECTION.

  27. Tex. Election Code Sec. 241.025. COSTS OF CONTEST.

Chapter 242

  1. Tex. Election Code Sec. 242.001. APPLICABILITY OF CHAPTER. This chapter applies to a contest of a general election for the office of governor, lieutenant governor, comptroller of public accounts, land commissioner, or attorney general.

  2. Tex. Election Code Sec. 242.002. CONDUCT OF CONTEST GENERALLY.

  3. Tex. Election Code Sec. 242.003. CONTEST FOR OFFICE OF GOVERNOR OR LIEUTENANT GOVERNOR.

  4. Tex. Election Code Sec. 242.004. ACCELERATED ELECTION SCHEDULE. The time intervals for conducting a special election to fill a vacancy in the office of state senator or state representative occurring during a regular legislative session apply to any election necessary under the judgment in an election contest under this chapter.

Chapter 243

  1. Tex. Election Code Sec. 243.001. APPLICABILITY OF CHAPTER. This chapter applies to a contest of an election of presidential electors for president and vice-president of the United States.

  2. Tex. Election Code Sec. 243.002. PARTIES.

  3. Tex. Election Code Sec. 243.003. PETITION.

  4. Tex. Election Code Sec. 243.004. NOTICE TO CONTESTEES.

  5. Tex. Election Code Sec. 243.005. ANSWER.

  6. Tex. Election Code Sec. 243.006. HEARING OF CONTEST. When the contestee's answer is filed, the governor shall set a time and place for hearing the contest. After notice to the parties, the governor shall investigate the issues raised by the contest, hearing all legal evidence presented by the parties.

  7. Tex. Election Code Sec. 243.007. MASTER OF DISCOVERY.

  8. Tex. Election Code Sec. 243.008. DISCOVERY AND DEPOSITIONS.

  9. Tex. Election Code Sec. 243.009. HEARING PROCEDURE. The governor shall determine the procedure for hearing an election contest.

  10. Tex. Election Code Sec. 243.010. EVIDENCE. Except as otherwise provided by the governor, the rules of evidence generally applicable to a civil suit in the district court apply to the hearing of an election contest.

  11. Tex. Election Code Sec. 243.011. ATTENDANCE OF WITNESSES.

  12. Tex. Election Code Sec. 243.012. DISPOSITION OF CONTEST.

  13. Tex. Election Code Sec. 243.013. COSTS OF CONTEST. The governor may assess the costs of the contest against any one or more of the parties.

Chapter 247

  1. Tex. Election Code Sec. 247.001. PETITION ALLEGING FRAUD. This chapter applies to a civil suit in which a candidate in an election alleges in the petition that an opposing candidate, an agent of the opposing candidate, or a person acting on behalf of the opposing candidate with the candidate's knowledge violated any of the following sections of this code:

  2. Tex. Election Code Sec. 247.002. PROCEDURE. A candidate in an election may file a petition for an action under this chapter in any county where a defendant resided at the time of the election. If the election is for a statewide office, the candidate may also file the petition in a district court in Travis County.

  3. Tex. Election Code Sec. 247.003. FILING PERIOD FOR PETITION. A candidate in an election may file a petition for an action under this chapter not earlier than the day after the date the election is certified and not later than the 45th day after the later of that date or the date election records are made publicly available under Section 1.012.

  4. Tex. Election Code Sec. 247.004. DAMAGES.

  5. Tex. Election Code Sec. 247.005. ATTORNEY'S FEES. In an action under this chapter, the court may award reasonable attorney's fees to the prevailing party.

Chapter 251

  1. Tex. Election Code Sec. 251.001. DEFINITIONS. In this title:

  2. Tex. Election Code Sec. 251.0015. COMMUNICATION WITH CANDIDATE. For purposes of Section 251.001(8), communication between a person and a candidate, officeholder, or candidate's or officeholder's agent is not evidence that the person obtained the candidate's or officeholder's consent or approval for a campaign expenditure made after the communication by the person on behalf of the candidate or officeholder unless the communication establishes that:

  3. Tex. Election Code Sec. 251.0016. COMMON VENDOR. A person using the same vendor as a candidate, officeholder, or political committee established or controlled by a candidate or officeholder is not acting in concert with the candidate, officeholder, or committee to make a campaign expenditure unless the person makes the expenditure using information from the vendor about the campaign plans or needs of the candidate, officeholder, or committee that is:

  4. Tex. Election Code Sec. 251.002. OFFICEHOLDERS COVERED.

  5. Tex. Election Code Sec. 251.003. PROHIBITION OF DOCUMENT FILING FEE. A charge may not be made for filing a document required to be filed under this title.

  6. Tex. Election Code Sec. 251.004. VENUE.

  7. Tex. Election Code Sec. 251.005. OUT-OF-STATE COMMITTEES EXCLUDED.

  8. Tex. Election Code Sec. 251.006. FEDERAL OFFICE EXCLUDED.

  9. Tex. Election Code Sec. 251.007. TIMELINESS OF ACTION BY MAIL. When this title requires a notice, report, or other document or paper to be delivered, submitted, or filed within a specified period or before a specified deadline, a delivery, submission, or filing by first-class United States mail or common or contract carrier is timely, except as otherwise provided by this title, if:

  10. Tex. Election Code Sec. 251.008. CERTAIN POLITICAL CLUB MEETINGS EXCLUDED.

  11. Tex. Election Code Sec. 251.009. LEGISLATIVE CAUCUS CONTRIBUTION OR EXPENDITURE NOT CONSIDERED TO BE OFFICEHOLDER CONTRIBUTION OR EXPENDITURE. A contribution to or expenditure by a legislative caucus, as defined by Section 253.0341, is not considered to be an officeholder contribution or officeholder expenditure for purposes of this title.

  12. Tex. Election Code Sec. 251.032. FORMS. In addition to furnishing samples of the appropriate forms to the authorities having administrative duties under this title, the commission shall furnish the forms to each political party's state executive committee and county chair of each county executive committee.

  13. Tex. Election Code Sec. 251.033. NOTIFICATION OF DEADLINE FOR FILING REPORTS.

Chapter 252

  1. Tex. Election Code Sec. 252.001. APPOINTMENT OF CAMPAIGN TREASURER REQUIRED. Each candidate and each political committee shall appoint a campaign treasurer as provided by this chapter.

  2. Tex. Election Code Sec. 252.0011. INELIGIBILITY FOR APPOINTMENT AS CAMPAIGN TREASURER.

  3. Tex. Election Code Sec. 252.002. CONTENTS OF APPOINTMENT.

  4. Tex. Election Code Sec. 252.003. CONTENTS OF APPOINTMENT BY GENERAL-PURPOSE COMMITTEE.

  5. Tex. Election Code Sec. 252.0031. CONTENTS OF APPOINTMENT BY SPECIFIC-PURPOSE COMMITTEE.

  6. Tex. Election Code Sec. 252.0032. CONTENTS OF APPOINTMENT BY CANDIDATE.

  7. Tex. Election Code Sec. 252.004. DESIGNATION OF ONESELF. An individual may appoint himself or herself as campaign treasurer.

  8. Tex. Election Code Sec. 252.005. AUTHORITY WITH WHOM APPOINTMENT FILED: CANDIDATE. An individual must file a campaign treasurer appointment for the individual's own candidacy with:

  9. Tex. Election Code Sec. 252.006. AUTHORITY WITH WHOM APPOINTMENT FILED: SPECIFIC-PURPOSE COMMITTEE FOR SUPPORTING OR OPPOSING CANDIDATE OR ASSISTING OFFICEHOLDER. A specific-purpose committee for supporting or opposing a candidate or assisting an officeholder must file its campaign treasurer appointment with the same authority as the appointment for candidacy for the office.

  10. Tex. Election Code Sec. 252.007. AUTHORITY WITH WHOM APPOINTMENT FILED: SPECIFIC-PURPOSE COMMITTEE FOR SUPPORTING OR OPPOSING MEASURE. A specific-purpose committee for supporting or opposing a measure must file its campaign treasurer appointment with:

  11. Tex. Election Code Sec. 252.008. MULTIPLE FILINGS BY SPECIFIC-PURPOSE COMMITTEE NOT REQUIRED. If under this chapter a specific-purpose committee is required to file its campaign treasurer appointment with more than one authority, the appointment need only be filed with the commission and, if so filed, need not be filed with the other authorities.

  12. Tex. Election Code Sec. 252.009. AUTHORITY WITH WHOM APPOINTMENT FILED: GENERAL-PURPOSE COMMITTEE. A general-purpose committee must file its campaign treasurer appointment with the commission.

  13. Tex. Election Code Sec. 252.010. TRANSFER OF APPOINTMENT.

  14. Tex. Election Code Sec. 252.011. TIME APPOINTMENT TAKES EFFECT; PERIOD OF EFFECTIVENESS.

  15. Tex. Election Code Sec. 252.012. REMOVAL OF CAMPAIGN TREASURER.

  16. Tex. Election Code Sec. 252.013. TERMINATION OF APPOINTMENT ON VACATING POSITION.

  17. Tex. Election Code Sec. 252.0131. TERMINATION OF CAMPAIGN TREASURER APPOINTMENT.

  18. Tex. Election Code Sec. 252.014. PRESERVATION OF FILED APPOINTMENTS. The authority with whom a campaign treasurer appointment is filed under this chapter shall preserve the appointment for two years after the date the appointment is terminated.

  19. Tex. Election Code Sec. 252.015. ASSISTANT CAMPAIGN TREASURER.

Chapter 253

  1. Tex. Election Code Sec. 253.001. CONTRIBUTION OR EXPENDITURE IN ANOTHER'S NAME PROHIBITED.

  2. Tex. Election Code Sec. 253.003. UNLAWFULLY MAKING OR ACCEPTING CONTRIBUTION.

  3. Tex. Election Code Sec. 253.004. UNLAWFULLY MAKING EXPENDITURE.

  4. Tex. Election Code Sec. 253.005. EXPENDITURE FROM UNLAWFUL CONTRIBUTION.

  5. Tex. Election Code Sec. 253.006. CERTAIN CONTRIBUTIONS AND EXPENDITURES BY LOBBYISTS RESTRICTED.

  6. Tex. Election Code Sec. 253.007. PROHIBITION ON LOBBYING BY PERSON MAKING OR AUTHORIZING CERTAIN POLITICAL CONTRIBUTIONS AND DIRECT CAMPAIGN EXPENDITURES.

  7. Tex. Election Code Sec. 253.031. CONTRIBUTION AND EXPENDITURE WITHOUT CAMPAIGN TREASURER PROHIBITED.

  8. Tex. Election Code Sec. 253.032. LIMITATION ON CONTRIBUTION BY OUT-OF-STATE COMMITTEE.

  9. Tex. Election Code Sec. 253.033. CASH CONTRIBUTIONS EXCEEDING $100 PROHIBITED.

  10. Tex. Election Code Sec. 253.034. RESTRICTIONS ON CONTRIBUTIONS DURING AND FOLLOWING REGULAR LEGISLATIVE SESSION.

  11. Tex. Election Code Sec. 253.0341. RESTRICTIONS ON CONTRIBUTIONS TO LEGISLATIVE CAUCUSES DURING AND FOLLOWING REGULAR LEGISLATIVE SESSION.

  12. Tex. Election Code Sec. 253.035. RESTRICTIONS ON PERSONAL USE OF CONTRIBUTIONS.

  13. Tex. Election Code Sec. 253.0351. LOANS FROM PERSONAL FUNDS.

  14. Tex. Election Code Sec. 253.036. OFFICEHOLDER CONTRIBUTIONS USED IN CONNECTION WITH CAMPAIGN. An officeholder who lawfully accepts officeholder contributions may use those contributions in connection with the officeholder's campaign for elective office after appointing a campaign treasurer.

  15. Tex. Election Code Sec. 253.037. RESTRICTIONS ON CONTRIBUTION OR EXPENDITURE BY GENERAL-PURPOSE COMMITTEE.

  16. Tex. Election Code Sec. 253.038. PAYMENTS MADE TO PURCHASE REAL PROPERTY OR TO RENT CERTAIN REAL PROPERTY PROHIBITED.

  17. Tex. Election Code Sec. 253.039. CONTRIBUTIONS IN CERTAIN PUBLIC BUILDINGS PROHIBITED.

  18. Tex. Election Code Sec. 253.040. SEPARATE ACCOUNTS.

  19. Tex. Election Code Sec. 253.041. RESTRICTIONS ON CERTAIN PAYMENTS.

  20. Tex. Election Code Sec. 253.042. RESTRICTIONS ON REIMBURSEMENT OF PERSONAL FUNDS AND PAYMENTS ON CERTAIN LOANS.

  21. Tex. Election Code Sec. 253.043. POLITICAL CONTRIBUTIONS USED IN CONNECTION WITH APPOINTIVE OFFICE. A former candidate or former officeholder who lawfully accepts political contributions may use those contributions to make an expenditure to defray expenses incurred by the person in performing a duty or engaging in an activity in connection with an appointive office of a state board or commission.

  22. Tex. Election Code Sec. 253.091. CORPORATIONS COVERED. This subchapter applies only to corporations that are organized under the Texas Business Corporation Act, the Texas For-Profit Corporation Law, the Texas Non-Profit Corporation Act, the Texas Nonprofit Corporation Law, federal law, or law of another state or nation.

  23. Tex. Election Code Sec. 253.092. TREATMENT OF INCORPORATED POLITICAL COMMITTEE. If a political committee the only principal purpose of which is accepting political contributions and making political expenditures incorporates for liability purposes only, the committee is not considered to be a corporation for purposes of this subchapter.

  24. Tex. Election Code Sec. 253.093. CERTAIN ASSOCIATIONS COVERED.

  25. Tex. Election Code Sec. 253.094. CONTRIBUTIONS PROHIBITED.

  26. Tex. Election Code Sec. 253.095. PUNISHMENT OF AGENT. An officer, director, or other agent of a corporation or labor organization who commits an offense under this subchapter is punishable for the grade of offense applicable to the corporation or labor organization.

  27. Tex. Election Code Sec. 253.096. CONTRIBUTION ON MEASURE. A corporation or labor organization may make campaign contributions from its own property in connection with an election on a measure only to a political committee for supporting or opposing measures exclusively.

  28. Tex. Election Code Sec. 253.097. CONTRIBUTION FROM CORPORATION OR LABOR ORGANIZATION. A corporation or labor organization may make campaign contributions from its own property to a political committee that has filed an affidavit with the committee's campaign treasurer appointment in accordance with Section 252.003(a)(4) or 252.0031(a)(2).

  29. Tex. Election Code Sec. 253.098. COMMUNICATION WITH STOCKHOLDERS OR MEMBERS.

  30. Tex. Election Code Sec. 253.099. NONPARTISAN VOTER REGISTRATION AND GET-OUT-THE-VOTE CAMPAIGNS.

  31. Tex. Election Code Sec. 253.100. EXPENDITURES FOR GENERAL-PURPOSE COMMITTEE.

  32. Tex. Election Code Sec. 253.101. UNLAWFUL CONTRIBUTION OR EXPENDITURE BY COMMITTEE.

  33. Tex. Election Code Sec. 253.102. COERCION PROHIBITED.

  34. Tex. Election Code Sec. 253.103. CORPORATE LOANS.

  35. Tex. Election Code Sec. 253.104. CONTRIBUTION TO POLITICAL PARTY.

  36. Tex. Election Code Sec. 253.105. CONTRIBUTIONS TO DIRECT EXPENDITURE ONLY COMMITTEES.

  37. Tex. Election Code Sec. 253.131. LIABILITY TO CANDIDATES.

  38. Tex. Election Code Sec. 253.132. LIABILITY TO POLITICAL COMMITTEES.

  39. Tex. Election Code Sec. 253.133. LIABILITY TO STATE. A person who knowingly makes or accepts a political contribution or makes a political expenditure in violation of this chapter is liable for damages to the state in the amount of triple the value of the unlawful contribution or expenditure.

  40. Tex. Election Code Sec. 253.134. CIVIL PENALTIES IMPOSED BY COMMISSION. This title does not prohibit the imposition of civil penalties by the commission in addition to criminal penalties or other sanctions imposed by law.

  41. Tex. Election Code Sec. 253.151. APPLICABILITY OF SUBCHAPTER. This subchapter applies only to a political contribution or political expenditure in connection with the office of:

  42. Tex. Election Code Sec. 253.152. DEFINITIONS. In this subchapter:

  43. Tex. Election Code Sec. 253.153. CONTRIBUTION PROHIBITED EXCEPT DURING ELECTION PERIOD.

  44. Tex. Election Code Sec. 253.154. WRITE-IN CANDIDACY.

  45. Tex. Election Code Sec. 253.1541. ACCEPTANCE OF POLITICAL CONTRIBUTIONS BY PERSON APPOINTED TO FILL VACANCY.

  46. Tex. Election Code Sec. 253.155. CONTRIBUTION LIMITS.

  47. Tex. Election Code Sec. 253.157. LIMIT ON CONTRIBUTION BY GENERAL-PURPOSE COMMITTEES.

  48. Tex. Election Code Sec. 253.158. CONTRIBUTION BY SPOUSE OR CHILD.

  49. Tex. Election Code Sec. 253.159. EXCEPTION TO CONTRIBUTION LIMITS. Section 253.155 does not apply to an individual who is related to the candidate or officeholder within the second degree by consanguinity, as determined under Subchapter B, Chapter 573, Government Code.

  50. Tex. Election Code Sec. 253.1601. CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED CONTRIBUTION TO CANDIDATE OR OFFICEHOLDER. For purposes of Sections 253.155 and 253.157, a contribution to a specific-purpose committee for the purpose of supporting a judicial candidate, opposing the candidate's opponent, or assisting a judicial officeholder is considered to be a contribution to the candidate or officeholder.

  51. Tex. Election Code Sec. 253.161. USE OF CONTRIBUTION FROM NONJUDICIAL OR JUDICIAL OFFICE PROHIBITED.

  52. Tex. Election Code Sec. 253.1611. CERTAIN CONTRIBUTIONS BY JUDICIAL CANDIDATES, OFFICEHOLDERS, AND COMMITTEES RESTRICTED.

  53. Tex. Election Code Sec. 253.1612. CERTAIN CAMPAIGN ACTIVITIES AUTHORIZED. The Code of Judicial Conduct may not prohibit, and a judicial candidate may not be penalized for, a joint campaign activity conducted by two or more judicial candidates.

  54. Tex. Election Code Sec. 253.162. RESTRICTIONS ON REIMBURSEMENT OF PERSONAL FUNDS AND PAYMENTS ON CERTAIN LOANS.

  55. Tex. Election Code Sec. 253.1621. APPLICATION OF CONTRIBUTION AND REIMBURSEMENT LIMITS TO CERTAIN CANDIDATES.

  56. Tex. Election Code Sec. 253.167. CERTIFICATION OF POPULATION; NOTICE OF CONTRIBUTION LIMITS.

  57. Tex. Election Code Sec. 253.171. CONTRIBUTION FROM OR DIRECT CAMPAIGN EXPENDITURE BY POLITICAL PARTY. A political expenditure that is made by the principal political committee of the state executive committee or a county executive committee of a political party for a generic get-out-the-vote campaign or to create and distribute a written list of two or more candidates is not considered a contribution to a judicial candidate who benefits from the get-out-the-vote campaign or is included in the written list and is not subject to the limits of Section 253.155 or 253.157 if the get-out-the-vote campaign or written list:

  58. Tex. Election Code Sec. 253.176. CIVIL PENALTY.

Chapter 254

  1. Tex. Election Code Sec. 254.001. RECORDKEEPING REQUIRED.

  2. Tex. Election Code Sec. 254.031. GENERAL CONTENTS OF REPORTS.

  3. Tex. Election Code Sec. 254.0311. REPORT BY LEGISLATIVE CAUCUS.

  4. Tex. Election Code Sec. 254.0312. BEST EFFORTS.

  5. Tex. Election Code Sec. 254.0313. OMISSION OF ADDRESS FOR JUDGE AND FAMILY MEMBER.

  6. Tex. Election Code Sec. 254.032. NONREPORTABLE PERSONAL TRAVEL EXPENSE. A political contribution consisting of personal travel expense incurred by an individual is not required to be reported under this chapter if the individual receives no reimbursement for the expense.

  7. Tex. Election Code Sec. 254.033. NONREPORTABLE PERSONAL SERVICE. A political contribution consisting of an individual's personal service is not required to be reported under this chapter if the individual receives no compensation for the service.

  8. Tex. Election Code Sec. 254.034. TIME OF ACCEPTING CONTRIBUTION.

  9. Tex. Election Code Sec. 254.035. TIME OF MAKING EXPENDITURE.

  10. Tex. Election Code Sec. 254.036. FORM OF REPORT; AFFIDAVIT; MAILING OF FORMS.

  11. Tex. Election Code Sec. 254.0362. USE OF PUBLICLY ACCESSIBLE COMPUTER TERMINAL FOR PREPARATION OF REPORTS.

  12. Tex. Election Code Sec. 254.037. FILING DEADLINE.

  13. Tex. Election Code Sec. 254.038. SPECIAL REPORT NEAR ELECTION BY CERTAIN CANDIDATES AND POLITICAL COMMITTEES.

  14. Tex. Election Code Sec. 254.039. SPECIAL REPORT NEAR ELECTION BY CERTAIN GENERAL-PURPOSE COMMITTEES.

  15. Tex. Election Code Sec. 254.0391. REPORT DURING SPECIAL LEGISLATIVE SESSION.

  16. Tex. Election Code Sec. 254.040. PRESERVATION OF REPORTS; RECORD OF INSPECTION.

  17. Tex. Election Code Sec. 254.0401. AVAILABILITY OF REPORTS ON INTERNET.

  18. Tex. Election Code Sec. 254.0402. PUBLIC INSPECTION OF REPORTS.

  19. Tex. Election Code Sec. 254.0405. AMENDMENT OF FILED REPORT.

  20. Tex. Election Code Sec. 254.041. CRIMINAL PENALTY FOR UNTIMELY OR INCOMPLETE REPORT.

  21. Tex. Election Code Sec. 254.042. CIVIL PENALTY FOR LATE REPORT.

  22. Tex. Election Code Sec. 254.043. ACTION TO REQUIRE COMPLIANCE.

  23. Tex. Election Code Sec. 254.044. REPORTING OF POLITICAL CONTRIBUTIONS AND EXPENDITURES MADE USING CREDIT CARD.

  24. Tex. Election Code Sec. 254.061. ADDITIONAL CONTENTS OF REPORTS. In addition to the contents required by Section 254.031, each report by a candidate must include:

  25. Tex. Election Code Sec. 254.0611. ADDITIONAL CONTENTS OF REPORTS BY CERTAIN JUDICIAL CANDIDATES.

  26. Tex. Election Code Sec. 254.0612. ADDITIONAL CONTENTS OF REPORTS BY CANDIDATE FOR STATEWIDE EXECUTIVE OFFICE OR LEGISLATIVE OFFICE. In addition to the contents required by Sections 254.031 and 254.061, each report by a candidate for a statewide office in the executive branch or a legislative office must include, for each individual from whom the person filing the report has accepted political contributions that in the aggregate equal or exceed $500 and that are accepted during the reporting period:

  27. Tex. Election Code Sec. 254.062. CERTAIN OFFICEHOLDER ACTIVITY INCLUDED. If an officeholder who becomes a candidate has reportable activity that is not reported under Subchapter D before the end of the period covered by the first report the candidate is required to file under this subchapter, the reportable activity shall be included in the first report filed under this subchapter instead of in a report filed under Subchapter D.

  28. Tex. Election Code Sec. 254.063. SEMIANNUAL REPORTING SCHEDULE FOR CANDIDATE.

  29. Tex. Election Code Sec. 254.064. ADDITIONAL REPORTS OF OPPOSED CANDIDATE.

  30. Tex. Election Code Sec. 254.065. FINAL REPORT.

  31. Tex. Election Code Sec. 254.066. AUTHORITY WITH WHOM REPORTS FILED. Reports under this subchapter shall be filed with the authority with whom the candidate's campaign treasurer appointment is required to be filed.

  32. Tex. Election Code Sec. 254.091. ADDITIONAL CONTENTS OF REPORTS. In addition to the contents required by Section 254.031, each report by an officeholder must include:

  33. Tex. Election Code Sec. 254.0911. ADDITIONAL CONTENTS OF REPORTS BY CERTAIN JUDICIAL OFFICEHOLDERS. In addition to the contents required by Sections 254.031 and 254.091, each report by a holder of a judicial office covered by Subchapter F, Chapter 253, must include the contents prescribed by Section 254.0611.

  34. Tex. Election Code Sec. 254.0912. ADDITIONAL CONTENTS OF REPORTS BY STATEWIDE EXECUTIVE OFFICEHOLDERS AND LEGISLATIVE OFFICEHOLDERS. In addition to the contents required by Sections 254.031 and 254.091, each report by a holder of a statewide office in the executive branch or a legislative office must include the contents prescribed by Section 254.0612.

  35. Tex. Election Code Sec. 254.092. CERTAIN OFFICEHOLDER EXPENDITURES EXCLUDED. An officeholder is not required to report officeholder expenditures made from the officeholder's personal funds, except as provided by Section 253.035(h).

  36. Tex. Election Code Sec. 254.093. SEMIANNUAL REPORTING SCHEDULE FOR OFFICEHOLDER.

  37. Tex. Election Code Sec. 254.094. REPORT FOLLOWING APPOINTMENT OF CAMPAIGN TREASURER.

  38. Tex. Election Code Sec. 254.095. REPORT NOT REQUIRED. If at the end of any reporting period prescribed by this subchapter an officeholder who is required to file a report with an authority other than the commission has not accepted political contributions that in the aggregate exceed $500 or made political expenditures that in the aggregate exceed $500, the officeholder is not required to file a report covering that period.

  39. Tex. Election Code Sec. 254.096. OFFICEHOLDER WHO BECOMES CANDIDATE. An officeholder who becomes a candidate is subject to Subchapter C during each period covered by a report required to be filed under Subchapter C.

  40. Tex. Election Code Sec. 254.097. AUTHORITY WITH WHOM REPORTS FILED. Reports under this subchapter shall be filed with the authority with whom a campaign treasurer appointment by a candidate for the office held by the officeholder is required to be filed.

  41. Tex. Election Code Sec. 254.121. ADDITIONAL CONTENTS OF REPORTS. In addition to the contents required by Section 254.031, each report by a campaign treasurer of a specific-purpose committee must include:

  42. Tex. Election Code Sec. 254.1211. ADDITIONAL CONTENTS OF REPORTS OF CERTAIN COMMITTEES. In addition to the contents required by Sections 254.031 and 254.121, each report by a specific-purpose committee for supporting or opposing a candidate for or assisting a holder of a judicial office covered by Subchapter F, Chapter 253, must include the contents prescribed by Section 254.0611.

  43. Tex. Election Code Sec. 254.1212. ADDITIONAL CONTENTS OF REPORTS OF COMMITTEE SUPPORTING OR OPPOSING CANDIDATE FOR STATEWIDE EXECUTIVE OFFICEHOLDERS OR LEGISLATIVE OFFICEHOLDERS OR ASSISTING STATEWIDE EXECUTIVE OFFICEHOLDERS OR LEGISLATIVE OFFICEHOLDERS. In addition to the contents required by Sections 254.031 and 254.121, each report by a specific-purpose committee for supporting or opposing a candidate for or assisting a holder of a statewide office in the executive branch or a legislative office must include the contents prescribed by Section 254.0612.

  44. Tex. Election Code Sec. 254.122. INVOLVEMENT IN MORE THAN ONE ELECTION BY CERTAIN COMMITTEES. If a specific-purpose committee for supporting or opposing more than one candidate becomes involved in more than one election for which the reporting periods prescribed by Section 254.124 overlap, the reportable activity that occurs during the overlapping period is not required to be included in a report filed after the first report in which the activity is required to be reported.

  45. Tex. Election Code Sec. 254.123. SEMIANNUAL REPORTING SCHEDULE FOR COMMITTEE.

  46. Tex. Election Code Sec. 254.124. ADDITIONAL REPORTS OF COMMITTEE FOR SUPPORTING OR OPPOSING CANDIDATE OR MEASURE.

  47. Tex. Election Code Sec. 254.125. FINAL REPORT OF COMMITTEE FOR SUPPORTING OR OPPOSING CANDIDATE OR MEASURE.

  48. Tex. Election Code Sec. 254.126. DISSOLUTION REPORT OF COMMITTEE FOR ASSISTING OFFICEHOLDER.

  49. Tex. Election Code Sec. 254.127. TERMINATION REPORT.

  50. Tex. Election Code Sec. 254.128. NOTICE TO CANDIDATE AND OFFICEHOLDER OF CONTRIBUTIONS AND EXPENDITURES.

  51. Tex. Election Code Sec. 254.129. NOTICE OF CHANGE IN COMMITTEE STATUS.

  52. Tex. Election Code Sec. 254.130. AUTHORITY WITH WHOM REPORTS FILED.

  53. Tex. Election Code Sec. 254.151. ADDITIONAL CONTENTS OF REPORTS. In addition to the contents required by Section 254.031, each report by a campaign treasurer of a general-purpose committee must include:

  54. Tex. Election Code Sec. 254.152. TIME FOR REPORTING CERTAIN EXPENDITURES. If a general-purpose committee makes a political expenditure in the form of a political contribution to another general-purpose committee or to an out-of-state political committee and the contributing committee does not intend that the contribution be used in connection with a particular election, the contributing committee shall include the expenditure in the first report required to be filed under this subchapter after the expenditure is made.

  55. Tex. Election Code Sec. 254.153. SEMIANNUAL REPORTING SCHEDULE FOR COMMITTEE.

  56. Tex. Election Code Sec. 254.154. ADDITIONAL REPORTS OF COMMITTEE INVOLVED IN ELECTION.

  57. Tex. Election Code Sec. 254.1541. ALTERNATE REPORTING REQUIREMENTS FOR CERTAIN COMMITTEES.

  58. Tex. Election Code Sec. 254.155. OPTION TO FILE MONTHLY; NOTICE.

  59. Tex. Election Code Sec. 254.156. CONTENTS OF MONTHLY REPORTS. Each monthly report filed under this subchapter must comply with Sections 254.031 and 254.151 except that the maximum amount of a political contribution, expenditure, or loan that is not required to be individually reported is:

  60. Tex. Election Code Sec. 254.157. MONTHLY REPORTING SCHEDULE.

  61. Tex. Election Code Sec. 254.158. EXCEPTION TO MONTHLY REPORTING SCHEDULE. If the campaign treasurer appointment of a general-purpose committee filing monthly reports is filed after January 1 of the year in which monthly reports are filed, the period covered by the first monthly report begins the day the appointment is filed and continues through the 25th day of the month in which the appointment is filed unless the appointment is filed the 25th or a succeeding day of the month. In that case, the period continues through the 25th day of the month following the month in which the appointment is filed.

  62. Tex. Election Code Sec. 254.1581. REPORTING BY OUT-OF-STATE POLITICAL COMMITTEE. For each reporting period under this subchapter in which an out-of-state political committee accepts political contributions or makes political expenditures, the committee shall file with the commission a copy of one or more reports filed with the Federal Election Commission or with the proper filing authority of at least one other state that shows the political contributions accepted, political expenditures made, and other expenditures made by the committee. A report must be filed within the same period in which it is required to be filed under federal law or the law of the other state.

  63. Tex. Election Code Sec. 254.159. DISSOLUTION REPORT. If a general-purpose committee expects no reportable activity to occur after the period covered by a report filed under this subchapter, the report may be designated as a "dissolution" report as provided by Section 254.126 for a specific-purpose committee and has the same effect.

  64. Tex. Election Code Sec. 254.160. TERMINATION REPORT. If the campaign treasurer appointment of a general-purpose committee is terminated, the campaign treasurer shall file a termination report as prescribed by Section 254.127 for a specific-purpose committee.

  65. Tex. Election Code Sec. 254.161. NOTICE TO CANDIDATE AND OFFICEHOLDER OF CONTRIBUTIONS AND EXPENDITURES. If a general-purpose committee other than the principal political committee of a political party or a political committee established by a political party's county executive committee accepts political contributions or makes political expenditures for a candidate or officeholder, notice of that fact shall be given to the affected candidate or officeholder as provided by Section 254.128 for a specific-purpose committee.

  66. Tex. Election Code Sec. 254.162. NOTICE OF CHANGE IN COMMITTEE STATUS. If a general-purpose committee changes its operation and becomes a specific-purpose committee, notice of the change in status shall be given to the commission as provided by Section 254.129 for a specific-purpose committee.

  67. Tex. Election Code Sec. 254.163. AUTHORITY WITH WHOM REPORTS FILED. Reports filed under this subchapter shall be filed with the commission.

  68. Tex. Election Code Sec. 254.164. CERTAIN COMMITTEES EXEMPT FROM CIVIL PENALTIES. The commission may not impose a civil penalty on a general-purpose committee for a violation of this chapter if the report filed by the committee that is the subject of the violation discloses that the committee did not accept political contributions totaling $3,000 or more, accept political contributions from a single person totaling $1,000 or more, or make or authorize political expenditures totaling $3,000 or more during:

  69. Tex. Election Code Sec. 254.181. MODIFIED REPORTING AUTHORIZED.

  70. Tex. Election Code Sec. 254.182. DECLARATION OF INTENT REQUIRED.

  71. Tex. Election Code Sec. 254.183. MAXIMUM EXCEEDED.

  72. Tex. Election Code Sec. 254.184. APPLICABILITY OF REGULAR REPORTING REQUIREMENTS.

  73. Tex. Election Code Sec. 254.201. ANNUAL REPORT OF UNEXPENDED CONTRIBUTIONS.

  74. Tex. Election Code Sec. 254.202. FILING OF REPORT; CONTENTS.

  75. Tex. Election Code Sec. 254.203. RETENTION OF CONTRIBUTIONS.

  76. Tex. Election Code Sec. 254.204. DISPOSITION OF UNEXPENDED CONTRIBUTIONS.

  77. Tex. Election Code Sec. 254.205. REPORT OF DISPOSITION OF UNEXPENDED CONTRIBUTIONS.

  78. Tex. Election Code Sec. 254.231. LIABILITY TO CANDIDATES.

  79. Tex. Election Code Sec. 254.232. LIABILITY TO STATE. A candidate, officeholder, or campaign treasurer or assistant campaign treasurer of a political committee who fails to report in whole or in part a political contribution or political expenditure as required by this chapter is liable in damages to the state in the amount of triple the amount not reported that is required to be reported.

  80. Tex. Election Code Sec. 254.261. DIRECT CAMPAIGN EXPENDITURE EXCEEDING $100.

  81. Tex. Election Code Sec. 254.262. TRAVEL EXPENSE. A direct campaign expenditure consisting of personal travel expenses incurred by a person may be made without complying with Section 254.261.

Chapter 255

  1. Tex. Election Code Sec. 255.001. REQUIRED DISCLOSURE ON POLITICAL ADVERTISING.

  2. Tex. Election Code Sec. 255.002. RATES FOR POLITICAL ADVERTISING.

  3. Tex. Election Code Sec. 255.003. UNLAWFUL USE OF PUBLIC FUNDS FOR POLITICAL ADVERTISING.

  4. Tex. Election Code Sec. 255.0031. UNLAWFUL USE OF INTERNAL MAIL SYSTEM FOR POLITICAL ADVERTISING.

  5. Tex. Election Code Sec. 255.004. TRUE SOURCE OF COMMUNICATION.

  6. Tex. Election Code Sec. 255.005. MISREPRESENTATION OF IDENTITY.

  7. Tex. Election Code Sec. 255.006. MISLEADING USE OF OFFICE TITLE.

  8. Tex. Election Code Sec. 255.008. DISCLOSURE ON POLITICAL ADVERTISING FOR JUDICIAL OFFICE.

Chapter 257

  1. Tex. Election Code Sec. 257.001. PRINCIPAL POLITICAL COMMITTEE OF POLITICAL PARTY. The state or county executive committee of a political party may designate a general-purpose committee as the principal political committee for that party in the state or county, as applicable.

  2. Tex. Election Code Sec. 257.002. REQUIREMENTS RELATING TO CORPORATE OR LABOR UNION CONTRIBUTIONS.

  3. Tex. Election Code Sec. 257.003. REPORT REQUIRED.

  4. Tex. Election Code Sec. 257.004. RESTRICTIONS ON CONTRIBUTIONS BEFORE GENERAL ELECTION.

  5. Tex. Election Code Sec. 257.005. CANDIDATE FOR STATE OR COUNTY CHAIR OF POLITICAL PARTY.

  6. Tex. Election Code Sec. 257.006. CRIMINAL PENALTY FOR FAILURE TO COMPLY.

  7. Tex. Election Code Sec. 257.007. RULES. The commission shall adopt rules to implement this chapter.

Chapter 258

  1. Tex. Election Code Sec. 258.001. SHORT TITLE. This chapter may be cited as the Fair Campaign Practices Act.

  2. Tex. Election Code Sec. 258.002. PURPOSE.

  3. Tex. Election Code Sec. 258.003. DELIVERY OF COPY OF CODE.

  4. Tex. Election Code Sec. 258.004. TEXT OF CODE. The Code of Fair Campaign Practices reads as follows:

  5. Tex. Election Code Sec. 258.005. FORMS. The commission shall print copies of the Code of Fair Campaign Practices and shall supply the forms to the authorities with whom copies of the code may be filed in quantities and at times requested by the authorities.

  6. Tex. Election Code Sec. 258.006. ACCEPTANCE AND PRESERVATION OF COPIES.

  7. Tex. Election Code Sec. 258.007. SUBSCRIPTION TO CODE VOLUNTARY. The subscription to the Code of Fair Campaign Practices by a candidate or a political committee is voluntary.

  8. Tex. Election Code Sec. 258.008. INDICATION ON POLITICAL ADVERTISING. A candidate or a political committee that has filed a copy of the Code of Fair Campaign Practices may so indicate on political advertising in a form to be determined by the commission.

  9. Tex. Election Code Sec. 258.009. CIVIL CAUSE OF ACTION. This chapter does not create a civil cause of action for recovery of damages or for enforcement of this chapter.

Chapter 259

  1. Tex. Election Code Sec. 259.001. NOTICE REQUIREMENT ON POLITICAL ADVERTISING SIGNS.

  2. Tex. Election Code Sec. 259.002. REGULATION OF DISPLAY OF POLITICAL SIGNS BY PROPERTY OWNERS' ASSOCIATION.

  3. Tex. Election Code Sec. 259.003. REGULATION OF POLITICAL SIGNS BY MUNICIPALITY.

Chapter 271

  1. Tex. Election Code Sec. 271.001. APPLICABILITY OF OTHER PARTS OF CODE. The other titles of this code apply to a joint election except provisions that are inconsistent with this chapter or that cannot feasibly be applied to a joint election.

  2. Tex. Election Code Sec. 271.002. JOINT ELECTIONS AUTHORIZED.

  3. Tex. Election Code Sec. 271.003. LOCATION OF COMMON POLLING PLACE.

  4. Tex. Election Code Sec. 271.004. ALLOCATION OF ELECTION EXPENSES. The expenses of a joint election are allocated as provided by the joint election agreement.

  5. Tex. Election Code Sec. 271.005. ELECTION OFFICERS.

  6. Tex. Election Code Sec. 271.006. EARLY VOTING.

  7. Tex. Election Code Sec. 271.007. BALLOT. A single ballot containing all the offices or propositions stating measures to be voted on at a particular polling place may be used in a joint election. A voter may not be permitted to select a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote.

  8. Tex. Election Code Sec. 271.0071. MULTIPLE METHODS OF VOTING ALLOWED. The restrictions on multiple methods of voting at the same polling place or in early voting prescribed by Sections 123.005-123.007 do not apply to a joint election as if the joint election were a single election but rather apply independently to the election of each participating political subdivision in the joint election.

  9. Tex. Election Code Sec. 271.008. BALLOT BOXES.

  10. Tex. Election Code Sec. 271.009. COMBINING ELECTION FORMS AND RECORDS. The forms used and records maintained at a common polling place in a joint election may be combined in any manner convenient and adequate to record and report the results of the election for each of the participating political subdivisions.

  11. Tex. Election Code Sec. 271.010. CUSTODIAN OF ELECTION RECORDS. The general custodian of election records for elections ordered by an authority of any one of the political subdivisions participating in a joint election may be appointed as the general custodian of election records for the joint election if:

  12. Tex. Election Code Sec. 271.011. CANVASS.

  13. Tex. Election Code Sec. 271.012. CERTIFICATE OF ELECTION. The presiding officer of the canvassing authority that regularly serves a particular political subdivision shall issue certificates of election to candidates elected at the joint election to offices of the political subdivision.

  14. Tex. Election Code Sec. 271.013. COMPENSATION OF JUDGES AND CLERKS.

  15. Tex. Election Code Sec. 271.014. CONFLICTS WITH OTHER LAW. A law outside this code pertaining to a joint election supersedes this chapter to the extent of any conflict.

Chapter 272

  1. Tex. Election Code Sec. 272.001. BILINGUAL ELECTION MATERIALS REQUIRED. Bilingual election materials printed in English and Spanish shall be used in elections in this state as provided by this chapter.

  2. Tex. Election Code Sec. 272.002. ELECTION PRECINCTS IN WHICH BILINGUAL MATERIALS USED. Except as provided by Section 272.003, bilingual election materials shall be used in each election precinct situated wholly or partly in a county in which five percent or more of the inhabitants are persons of Spanish origin or descent according to the most recent federal decennial census that may be officially recognized or acted upon by the state or political subdivisions.

  3. Tex. Election Code Sec. 272.003. EXEMPT ELECTION PRECINCTS.

  4. Tex. Election Code Sec. 272.004. USE OF BILINGUAL MATERIALS FOR EARLY VOTING. Bilingual election materials shall be used for early voting in each election in which bilingual election materials are used.

  5. Tex. Election Code Sec. 272.005. REQUIRED BILINGUAL MATERIALS.

  6. Tex. Election Code Sec. 272.006. SEPARATE TRANSLATION AUTHORIZED.

  7. Tex. Election Code Sec. 272.007. AUTHORITY PREPARING TRANSLATION.

  8. Tex. Election Code Sec. 272.008. OPTIONAL USE OF BILINGUAL MATERIALS.

  9. Tex. Election Code Sec. 272.009. BILINGUAL ELECTION CLERKS.

  10. Tex. Election Code Sec. 272.010. VOTER REGISTRATION APPLICATION FORM.

  11. Tex. Election Code Sec. 272.011. BILINGUAL ELECTION MATERIALS REQUIRED IN CERTAIN POLITICAL SUBDIVISIONS.

Chapter 273

  1. Tex. Election Code Sec. 273.001. INVESTIGATION OF CRIMINAL CONDUCT.

  2. Tex. Election Code Sec. 273.002. LOCAL ASSISTANCE TO ATTORNEY GENERAL. For an election in which the attorney general is conducting an investigation, the attorney general may:

  3. Tex. Election Code Sec. 273.003. IMPOUNDING ELECTION RECORDS.

  4. Tex. Election Code Sec. 273.004. EXAMINATION OF IMPOUNDED RECORDS.

  5. Tex. Election Code Sec. 273.021. PROSECUTION BY ATTORNEY GENERAL AUTHORIZED.

  6. Tex. Election Code Sec. 273.022. COOPERATION WITH LOCAL PROSECUTOR. The attorney general may direct the county or district attorney serving the county in which the offense is to be prosecuted to prosecute a criminal offense that the attorney general is authorized to prosecute under Section 273.021 or to assist the attorney general in the prosecution.

  7. Tex. Election Code Sec. 273.023. SUBPOENA.

  8. Tex. Election Code Sec. 273.024. VENUE. An offense under this subchapter may be prosecuted in the county in which the offense was committed or an adjoining county. If the offense is committed in connection with a statewide election, the offense may be prosecuted in the county in which the offense was committed, an adjoining county, or Travis County.

  9. Tex. Election Code Sec. 273.041. REQUEST TO EXAMINE BALLOTS. In the investigation of criminal conduct in connection with an election, a grand jury, on finding probable cause to believe an offense was committed, may request a district judge of the county served by the grand jury to order an examination of the voted ballots in the election.

  10. Tex. Election Code Sec. 273.042. ORDER BY DISTRICT JUDGE. On request of a grand jury for an examination of voted ballots, a district judge may order the custodian of the ballots and the custodian of the keys to the ballot boxes to deliver the ballot boxes and the keys to the grand jury.

  11. Tex. Election Code Sec. 273.043. CONDUCT OF EXAMINATION. The examination of ballots under this subchapter shall be conducted in secret before the grand jury.

  12. Tex. Election Code Sec. 273.061. JURISDICTION.

  13. Tex. Election Code Sec. 273.062. PROCEEDING TO OBTAIN WRIT. A proceeding to obtain a writ of mandamus under this subchapter shall be conducted in accordance with the rules pertaining to original proceedings of the court in which the petition is filed.

  14. Tex. Election Code Sec. 273.063. VENUE IN COURT OF APPEALS.

  15. Tex. Election Code Sec. 273.081. INJUNCTION. A person who is being harmed or is in danger of being harmed by a violation or threatened violation of this code is entitled to appropriate injunctive relief to prevent the violation from continuing or occurring.

  16. Tex. Election Code Sec. 273.082. TEMPORARY RESTRAINING ORDER; NOTICE.

  17. Tex. Election Code Sec. 273.101. REVIEW BY SECRETARY OF STATE.

  18. Tex. Election Code Sec. 273.102. MANDAMUS ACTIONS.

  19. Tex. Election Code Sec. 273.103. MANDATORY SUBMISSION TO SECRETARY OF STATE. Following a final nonappealable judgment containing a finding by a court that a ballot proposition drafted by a city failed to substantially submit the question with such definiteness, certainty, and facial neutrality that the voters are not misled, the city shall submit to the secretary of state for approval any proposition to be voted on at an election held by the city before the fourth anniversary of the court's finding.

  20. Tex. Election Code Sec. 273.104. CITY REQUIRED TO PAY FOR LEGAL SERVICES. Notwithstanding a home-rule city charter provision to the contrary, a city may not accept legal services relating to a proceeding under this subchapter without paying fair market value for those services.

Chapter 274

  1. Tex. Election Code Sec. 274.001. FORM OF AMENDMENT ON BALLOT.

  2. Tex. Election Code Sec. 274.002. DRAWING FOR BALLOT ORDER.

  3. Tex. Election Code Sec. 274.003. CERTIFYING AMENDMENT FOR PLACEMENT ON BALLOT.

  4. Tex. Election Code Sec. 274.004. PROPOSITION BALLOT ORDER. A proposed constitutional amendment must be placed on the ballot before all other propositions.

  5. Tex. Election Code Sec. 274.021. NOTICE OF PROPOSED AMENDMENT REQUIRED. Notice of each proposed constitutional amendment shall be published as required by the constitution in accordance with this subchapter.

  6. Tex. Election Code Sec. 274.022. CONTRACT FOR PUBLICATION.

  7. Tex. Election Code Sec. 274.023. TEXT OF NOTICE.

  8. Tex. Election Code Sec. 274.024. REPORT ON NOTICE PUBLICATION TO SECRETARY OF STATE.

  9. Tex. Election Code Sec. 274.025. ACTION ON REPORT BY SECRETARY OF STATE.

  10. Tex. Election Code Sec. 274.026. STATE PAYMENT FOR PUBLICATION. On receipt of an approved affidavit of publication from the secretary of state, the comptroller of public accounts shall issue a warrant payable to the contractor in the amount specified by the secretary.

  11. Tex. Election Code Sec. 274.027. AMOUNT OF STATE PAYMENT. The amount paid by the state for publication of notice of a proposed constitutional amendment under this subchapter is as follows:

  12. Tex. Election Code Sec. 274.028. COMMISSION RETAINED BY ASSOCIATION. If the secretary of state contracts with a statewide association for publication of the notice of a proposed constitutional amendment, the contract must provide that the association retain a commission out of the amount paid by the state under the contract. The commission must be a stipulated percentage of the state payment that is uniformly applied against each newspaper.

Chapter 275

  1. Tex. Election Code Sec. 275.001. APPLICABILITY OF CHAPTER. This chapter applies only to a city with a population of 200,000 or more.

  2. Tex. Election Code Sec. 275.002. MAJORITY VOTE REQUIRED. To be elected to a city office, a candidate must receive a majority of the total number of votes received by all candidates for the office.

  3. Tex. Election Code Sec. 275.003. ELECTION BY PLACE REQUIRED.

Chapter 276

  1. Tex. Election Code Sec. 276.001. RETALIATION AGAINST VOTER.

  2. Tex. Election Code Sec. 276.003. UNLAWFUL REMOVAL FROM BALLOT BOX.

  3. Tex. Election Code Sec. 276.004. UNLAWFULLY PROHIBITING EMPLOYEE FROM VOTING.

  4. Tex. Election Code Sec. 276.005. VOTER'S PRIVILEGE FROM ARREST. A voter may not be arrested during the voter's attendance at an election and while going to and returning from a polling place except for treason, a felony, or a breach of peace.

  5. Tex. Election Code Sec. 276.006. CHANGING ELECTORAL BOUNDARIES OF CERTAIN POLITICAL SUBDIVISIONS. A change in a boundary of a territorial unit of a political subdivision other than a county from which an office of the political subdivision is elected is not effective for an election unless the date of the order or other action adopting the boundary change is more than three months before election day.

  6. Tex. Election Code Sec. 276.007. STUDENT ELECTION AUTHORIZED.

  7. Tex. Election Code Sec. 276.008. INFORMATION PROVIDED TO TEXAS LEGISLATIVE COUNCIL.

  8. Tex. Election Code Sec. 276.009. VOTING BY SEQUESTERED JUROR.

  9. Tex. Election Code Sec. 276.010. UNLAWFUL BUYING AND SELLING OF BALLOTING MATERIALS.

  10. Tex. Election Code Sec. 276.012. ENGAGING IN ORGANIZED ELECTION FRAUD ACTIVITY.

  11. Tex. Election Code Sec. 276.013. ELECTION FRAUD.

  12. Tex. Election Code Sec. 276.015. VOTE HARVESTING.

  13. Tex. Election Code Sec. 276.016. UNLAWFUL SOLICITATION AND DISTRIBUTION OF APPLICATION TO VOTE BY MAIL.

  14. Tex. Election Code Sec. 276.017. UNLAWFUL DISTRIBUTION OF EARLY VOTING BALLOTS AND BALLOTING MATERIALS.

  15. Tex. Election Code Sec. 276.018. PERJURY IN CONNECTION WITH CERTAIN ELECTION PROCEDURES.

  16. Tex. Election Code Sec. 276.019. UNLAWFUL ALTERING OF ELECTION PROCEDURES. A public official or election official may not create, alter, modify, waive, or suspend any election standard, practice, or procedure mandated by law or rule in a manner not expressly authorized by this code.

Chapter 277

  1. Tex. Election Code Sec. 277.001. APPLICABILITY OF CHAPTER. This chapter applies to a petition authorized or required to be filed under a law outside this code in connection with an election.

  2. Tex. Election Code Sec. 277.002. VALIDITY OF PETITION SIGNATURES.

  3. Tex. Election Code Sec. 277.0021. MEANING OF QUALIFIED VOTER. A reference in a law outside this code to "qualified voter" in the context of eligibility to sign a petition means "registered voter."

  4. Tex. Election Code Sec. 277.0022. WITHDRAWAL OF SIGNATURE.

  5. Tex. Election Code Sec. 277.0023. SUPPLEMENTING PETITION.

  6. Tex. Election Code Sec. 277.0024. COMPUTING NUMBER OF SIGNATURES.

  7. Tex. Election Code Sec. 277.003. VERIFYING SIGNATURES BY STATISTICAL SAMPLE. If a petition contains more than 1,000 signatures, the city secretary or other authority responsible for verifying the signatures may use any reasonable statistical sampling method in determining whether the petition contains the required number of valid signatures, except that the sample may not be less than 25 percent of the total number of signatures appearing on the petition or 1,000, whichever is greater. If the signatures on a petition circulated on a statewide basis are to be verified by the secretary of state, the sample prescribed by Section 141.069 applies to the petition rather than the sample prescribed by this section.

  8. Tex. Election Code Sec. 277.004. EFFECT OF CITY CHARTER OR ORDINANCE. Any requirements for the validity or verification of petition signatures in addition to those prescribed by this chapter that are prescribed by a home-rule city charter provision or a city ordinance are effective only if the charter provision or ordinance was in effect September 1, 1985.

  9. Tex. Election Code Sec. 277.005. OBSTRUCTION OF PETITION-INITIATED ELECTION PROHIBITED.

Chapter 278

  1. Tex. Election Code Sec. 278.001. APPLICABILITY OF CHAPTER. This chapter applies to each candidate whose name is to appear on the ballot or a list of declared write-in candidates in a judicial election.

  2. Tex. Election Code Sec. 278.002. INTERNET VOTER INFORMATION GUIDE. The secretary of state may implement a voter information service program to:

  3. Tex. Election Code Sec. 278.003. STATEMENT FILED BY CANDIDATE. If the secretary of state implements a voter information service program, a candidate may file with the secretary not later than the 70th day before the date of the judicial election an informational statement, on a form prescribed by the secretary, to be included in the voter information guide for that election.

  4. Tex. Election Code Sec. 278.004. STATEMENT REQUIREMENTS.

  5. Tex. Election Code Sec. 278.005. REVIEW BY SECRETARY OF STATE.

  6. Tex. Election Code Sec. 278.006. PREPARATION OF GUIDE.

  7. Tex. Election Code Sec. 278.007. AVAILABILITY OF GUIDE. If the secretary of state implements a voter information service program, the secretary may make the voter information guide available to the public on the Internet not later than the 45th day before the date of each judicial election.

  8. Tex. Election Code Sec. 278.008. ADDITIONAL PROCEDURES. The secretary of state may prescribe any additional procedures necessary to implement this chapter.

Chapter 279

  1. Tex. Election Code Sec. 279.001. DEFINITIONS. In this chapter:

  2. Tex. Election Code Sec. 279.002. ELECTION CYBERSECURITY: SECRETARY OF STATE.

  3. Tex. Election Code Sec. 279.003. ELECTION CYBERSECURITY: COUNTY ELECTION OFFICERS.

Estates

Chapter 21

  1. Tex. Estates Code Sec. 21.001. PURPOSE OF CODE.

  2. Tex. Estates Code Sec. 21.002. CONSTRUCTION.

  3. Tex. Estates Code Sec. 21.003. STATUTORY REFERENCES. A reference in a law other than in this code to a statute or a part of a statute revised by this code is considered to be a reference to the part of this code that revises that statute or part of that statute.

  4. Tex. Estates Code Sec. 21.004. EFFECT OF DIVISION OF LAW. The division of this code into titles, subtitles, chapters, subchapters, parts, subparts, sections, subsections, subdivisions, paragraphs, and subparagraphs is for convenience and does not have any legal effect.

  5. Tex. Estates Code Sec. 21.005. APPLICABILITY OF CERTAIN LAWS. Chapter 132, Civil Practice and Remedies Code, does not apply to Subchapter C, Chapter 251.

  6. Tex. Estates Code Sec. 21.006. APPLICABILITY TO PROBATE PROCEEDINGS. The procedure prescribed by Title 2 governs all probate proceedings.

Chapter 22

  1. Tex. Estates Code Sec. 22.001. APPLICABILITY OF DEFINITIONS.

  2. Tex. Estates Code Sec. 22.002. AUTHORIZED CORPORATE SURETY. "Authorized corporate surety" means a domestic or foreign corporation authorized to engage in business in this state for the purpose of issuing surety, guaranty, or indemnity bonds that guarantee the fidelity of an executor or administrator.

  3. Tex. Estates Code Sec. 22.003. CHARITABLE ORGANIZATION. "Charitable organization" means:

  4. Tex. Estates Code Sec. 22.004. CHILD.

  5. Tex. Estates Code Sec. 22.005. CLAIMS. "Claims" includes:

  6. Tex. Estates Code Sec. 22.006. CORPORATE FIDUCIARY. "Corporate fiduciary" means a financial institution, as defined by Section 201.101, Finance Code, that:

  7. Tex. Estates Code Sec. 22.007. COURT; COUNTY COURT, PROBATE COURT, AND STATUTORY PROBATE COURT.

  8. Tex. Estates Code Sec. 22.008. DEVISE. "Devise":

  9. Tex. Estates Code Sec. 22.009. DEVISEE. "Devisee" includes a legatee.

  10. Tex. Estates Code Sec. 22.010. DISTRIBUTEE. "Distributee" means a person who is entitled to a part of the estate of a decedent under a lawful will or the statutes of descent and distribution.

  11. Tex. Estates Code Sec. 22.011. DOCKET. "Docket" means the probate docket.

  12. Tex. Estates Code Sec. 22.012. ESTATE. "Estate" means a decedent's property, as that property:

  13. Tex. Estates Code Sec. 22.013. EXEMPT PROPERTY. "Exempt property" means the property in a decedent's estate that is exempt from execution or forced sale by the constitution or laws of this state, and any allowance paid instead of that property.

  14. Tex. Estates Code Sec. 22.014. GOVERNMENTAL AGENCY OF THE STATE. "Governmental agency of the state" means:

  15. Tex. Estates Code Sec. 22.015. HEIR. "Heir" means a person who is entitled under the statutes of descent and distribution to a part of the estate of a decedent who dies intestate. The term includes the decedent's surviving spouse.

  16. Tex. Estates Code Sec. 22.016. INCAPACITATED PERSON. A person is "incapacitated" if the person:

  17. Tex. Estates Code Sec. 22.017. INDEPENDENT EXECUTOR. "Independent executor" means the personal representative of an estate under independent administration as provided by Chapter 401 and Section 402.001. The term includes an independent administrator.

  18. Tex. Estates Code Sec. 22.018. INTERESTED PERSON; PERSON INTERESTED. "Interested person" or "person interested" means:

  19. Tex. Estates Code Sec. 22.019. JUDGE. "Judge" means the presiding judge of any court having original jurisdiction over probate proceedings, regardless of whether the court is:

  20. Tex. Estates Code Sec. 22.020. LEGACY. "Legacy" includes a gift or devise of real or personal property made by a will.

  21. Tex. Estates Code Sec. 22.021. LEGATEE. "Legatee" includes a person who is entitled to a legacy under a will.

  22. Tex. Estates Code Sec. 22.022. MINOR. "Minor" means a person younger than 18 years of age who:

  23. Tex. Estates Code Sec. 22.024. MORTGAGE; LIEN. "Mortgage" and "lien" include:

  24. Tex. Estates Code Sec. 22.025. NET ESTATE. "Net estate" means a decedent's property excluding:

  25. Tex. Estates Code Sec. 22.026. NEXT OF KIN. "Next of kin" includes:

  26. Tex. Estates Code Sec. 22.027. PERSON.

  27. Tex. Estates Code Sec. 22.028. PERSONAL PROPERTY. "Personal property" includes an interest in:

  28. Tex. Estates Code Sec. 22.029. PROBATE MATTER; PROBATE PROCEEDINGS; PROCEEDING IN PROBATE; PROCEEDINGS FOR PROBATE. The terms "probate matter," "probate proceedings," "proceeding in probate," and "proceedings for probate" are synonymous and include a matter or proceeding relating to a decedent's estate.

  29. Tex. Estates Code Sec. 22.0295. QUALIFIED DELIVERY METHOD. "Qualified delivery method" means delivery by:

  30. Tex. Estates Code Sec. 22.030. REAL PROPERTY. "Real property" includes estates and interests in land, whether corporeal or incorporeal or legal or equitable. The term does not include a real chattel.

  31. Tex. Estates Code Sec. 22.031. REPRESENTATIVE; PERSONAL REPRESENTATIVE.

  32. Tex. Estates Code Sec. 22.032. SURETY. "Surety" includes a personal surety and a corporate surety.

  33. Tex. Estates Code Sec. 22.033. WARD. "Ward" means a person for whom a guardian has been appointed.

  34. Tex. Estates Code Sec. 22.034. WILL. "Will" includes:

Chapter 31

  1. Tex. Estates Code Sec. 31.001. SCOPE OF "PROBATE PROCEEDING" FOR PURPOSES OF CODE. The term "probate proceeding," as used in this code, includes:

  2. Tex. Estates Code Sec. 31.002. MATTERS RELATED TO PROBATE PROCEEDING.

Chapter 32

  1. Tex. Estates Code Sec. 32.001. GENERAL PROBATE COURT JURISDICTION; APPEALS.

  2. Tex. Estates Code Sec. 32.002. ORIGINAL JURISDICTION FOR PROBATE PROCEEDINGS.

  3. Tex. Estates Code Sec. 32.003. JURISDICTION OF CONTESTED PROBATE PROCEEDING IN COUNTY WITH NO STATUTORY PROBATE COURT OR STATUTORY COUNTY COURT.

  4. Tex. Estates Code Sec. 32.004. JURISDICTION OF CONTESTED PROBATE PROCEEDING IN COUNTY WITH NO STATUTORY PROBATE COURT.

  5. Tex. Estates Code Sec. 32.005. EXCLUSIVE JURISDICTION OF PROBATE PROCEEDING IN COUNTY WITH STATUTORY PROBATE COURT.

  6. Tex. Estates Code Sec. 32.006. JURISDICTION OF STATUTORY PROBATE COURT WITH RESPECT TO TRUSTS AND POWERS OF ATTORNEY. In a county in which there is a statutory probate court, the statutory probate court has jurisdiction of:

  7. Tex. Estates Code Sec. 32.007. CONCURRENT JURISDICTION WITH DISTRICT COURT. A statutory probate court has concurrent jurisdiction with the district court in:

Chapter 33

  1. Tex. Estates Code Sec. 33.001. PROBATE OF WILLS AND GRANTING OF LETTERS TESTAMENTARY AND OF ADMINISTRATION.

  2. Tex. Estates Code Sec. 33.002. ACTION RELATED TO PROBATE PROCEEDING IN STATUTORY PROBATE COURT. Except as provided by Section 33.003, venue for any cause of action related to a probate proceeding pending in a statutory probate court is proper in the statutory probate court in which the decedent's estate is pending.

  3. Tex. Estates Code Sec. 33.003. CERTAIN ACTIONS INVOLVING PERSONAL REPRESENTATIVE. Notwithstanding any other provision of this chapter, the proper venue for an action by or against a personal representative for personal injury, death, or property damages is determined under Section 15.007, Civil Practice and Remedies Code.

  4. Tex. Estates Code Sec. 33.004. HEIRSHIP PROCEEDINGS.

  5. Tex. Estates Code Sec. 33.005. CERTAIN ACTIONS INVOLVING BREACH OF FIDUCIARY DUTY. Notwithstanding any other provision of this chapter, venue for a proceeding brought by the attorney general alleging breach of a fiduciary duty by a charitable entity or a fiduciary or managerial agent of a charitable trust is determined under Section 123.005, Property Code.

  6. Tex. Estates Code Sec. 33.051. COMMENCEMENT OF PROCEEDING. For purposes of this subchapter, a probate proceeding is considered commenced on the filing of an application for the proceeding that avers facts sufficient to confer venue on the court in which the application is filed.

  7. Tex. Estates Code Sec. 33.052. CONCURRENT VENUE.

  8. Tex. Estates Code Sec. 33.053. PROBATE PROCEEDINGS IN MORE THAN ONE COUNTY. If probate proceedings involving the same estate are commenced in more than one county, each proceeding commenced in a county other than the county in which a proceeding was first commenced is stayed until the court in which the proceeding was first commenced makes a final determination of venue.

  9. Tex. Estates Code Sec. 33.054. JURISDICTION TO DETERMINE VENUE.

  10. Tex. Estates Code Sec. 33.055. PROTECTION FOR CERTAIN PURCHASERS. Notwithstanding Section 33.052, a bona fide purchaser of real property who relied on a probate proceeding that was not the first commenced proceeding, without knowledge that the proceeding was not the first commenced proceeding, shall be protected with respect to the purchase unless before the purchase an order rendered in the first commenced proceeding admitting the decedent's will to probate, determining the decedent's heirs, or granting administration of the decedent's estate was recorded in the office of the county clerk of the county in which the purchased property is located.

  11. Tex. Estates Code Sec. 33.101. TRANSFER TO OTHER COUNTY IN WHICH VENUE IS PROPER. If probate proceedings involving the same estate are commenced in more than one county and the court making a determination of venue as provided by Section 33.053 determines that venue is proper in another county, the court clerk shall transmit the file for the proceeding in accordance with the procedures provided by Section 33.105 to the court in the county in which venue is proper. The court to which the file is transmitted shall conduct the proceeding in the same manner as if the proceeding had originally been commenced in that county.

  12. Tex. Estates Code Sec. 33.102. TRANSFER FOR WANT OF VENUE.

  13. Tex. Estates Code Sec. 33.103. TRANSFER FOR CONVENIENCE.

  14. Tex. Estates Code Sec. 33.104. VALIDATION OF PREVIOUS PROCEEDINGS. All orders entered in connection with a probate proceeding that is transferred to another county under a provision of this subchapter are valid and shall be recognized in the court to which the proceeding is transferred if the orders were made and entered in conformance with the procedure prescribed by this code.

  15. Tex. Estates Code Sec. 33.105. TRANSFER OF PROBATE PROCEEDING RECORD.

Chapter 34

  1. Tex. Estates Code Sec. 34.001. TRANSFER TO STATUTORY PROBATE COURT OF PROCEEDING RELATED TO PROBATE PROCEEDING.

  2. Tex. Estates Code Sec. 34.002. ACTIONS TO COLLECT DELINQUENT PROPERTY TAXES.

Chapter 51

  1. Tex. Estates Code Sec. 51.001. ISSUANCE OF NOTICE OR PROCESS IN GENERAL.

  2. Tex. Estates Code Sec. 51.002. DIRECTION OF WRIT OR OTHER PROCESS.

  3. Tex. Estates Code Sec. 51.003. CONTENTS OF CITATION OR NOTICE.

  4. Tex. Estates Code Sec. 51.051. PERSONAL SERVICE.

  5. Tex. Estates Code Sec. 51.052. SERVICE BY MAIL OR PRIVATE DELIVERY.

  6. Tex. Estates Code Sec. 51.053. SERVICE BY POSTING.

  7. Tex. Estates Code Sec. 51.054. SERVICE BY PUBLICATION.

  8. Tex. Estates Code Sec. 51.055. SERVICE ON PARTY'S ATTORNEY OF RECORD.

  9. Tex. Estates Code Sec. 51.056. SERVICE ON PERSONAL REPRESENTATIVE OR RECEIVER. Unless this title expressly provides for another method of service, the county clerk who issues a citation or notice required to be served on a personal representative or receiver shall serve the citation or notice by sending the original citation or notice by a qualified delivery method to:

  10. Tex. Estates Code Sec. 51.057. SERVICE REGARDING CERTAIN DECEASED PERSONS.

  11. Tex. Estates Code Sec. 51.101. REQUIREMENTS FOR RETURN ON CITATION OR NOTICE SERVED BY PERSONAL SERVICE. The return of the person serving a citation or notice under Section 51.051 must:

  12. Tex. Estates Code Sec. 51.102. VALIDITY OF SERVICE AND RETURN ON CITATION OR NOTICE SERVED BY POSTING.

  13. Tex. Estates Code Sec. 51.103. PROOF OF SERVICE.

  14. Tex. Estates Code Sec. 51.104. RETURN TO COURT. A citation or notice issued by a county clerk must be returned to the court from which the citation or notice was issued on the first Monday after the service is perfected.

  15. Tex. Estates Code Sec. 51.151. COURT-ORDERED ISSUANCE, SERVICE, AND RETURN UNDER CERTAIN CIRCUMSTANCES.

  16. Tex. Estates Code Sec. 51.201. WAIVER OF NOTICE OF HEARING.

  17. Tex. Estates Code Sec. 51.202. REQUEST FOR NOTICE OF FILING OF PLEADING.

  18. Tex. Estates Code Sec. 51.203. SERVICE OF NOTICE OF INTENTION TO TAKE DEPOSITIONS IN CERTAIN MATTERS.

Chapter 52

  1. Tex. Estates Code Sec. 52.001. PROBATE DOCKET.

  2. Tex. Estates Code Sec. 52.002. CLAIM DOCKET.

  3. Tex. Estates Code Sec. 52.003. PROBATE FEE BOOK.

  4. Tex. Estates Code Sec. 52.004. ALTERNATE RECORDKEEPING. Instead of maintaining the record books described by Sections 52.001, 52.002, and 52.003, the county clerk may maintain the information described by those sections relating to a person's or estate's probate proceedings:

  5. Tex. Estates Code Sec. 52.051. FILING PROCEDURES.

  6. Tex. Estates Code Sec. 52.052. CASE FILES.

  7. Tex. Estates Code Sec. 52.053. INDEX.

Chapter 53

  1. Tex. Estates Code Sec. 53.001. ENFORCEMENT OF JUDGE'S ORDERS. A judge may enforce the judge's lawful orders against an executor or administrator by attachment and confinement. Unless this title expressly provides otherwise, the term of confinement for any one offense under this section may not exceed three days.

  2. Tex. Estates Code Sec. 53.051. APPLICABILITY OF CERTAIN LAWS. A law regulating costs in ordinary civil cases applies to a probate matter when not expressly provided for in this title.

  3. Tex. Estates Code Sec. 53.052. SECURITY FOR CERTAIN COSTS.

  4. Tex. Estates Code Sec. 53.053. EXEMPTION FROM PROBATE FEES FOR ESTATES OF CERTAIN MILITARY SERVICEMEMBERS.

  5. Tex. Estates Code Sec. 53.054. EXEMPTION FROM PROBATE FEES FOR ESTATES OF CERTAIN LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, AND OTHERS.

  6. Tex. Estates Code Sec. 53.101. CALLING OF DOCKETS. The judge in whose court probate proceedings are pending, at times determined by the judge, shall:

  7. Tex. Estates Code Sec. 53.102. SETTING OF CERTAIN HEARINGS BY CLERK.

  8. Tex. Estates Code Sec. 53.103. RENDERING OF DECISIONS, ORDERS, DECREES, AND JUDGMENTS. The county court shall render all decisions, orders, decrees, and judgments in probate matters in open court, except as otherwise specially provided.

  9. Tex. Estates Code Sec. 53.104. APPOINTMENT OF ATTORNEYS AD LITEM.

  10. Tex. Estates Code Sec. 53.106. EXECUTIONS IN PROBATE MATTERS.

  11. Tex. Estates Code Sec. 53.107. INAPPLICABILITY OF CERTAIN RULES OF CIVIL PROCEDURE. The following do not apply to probate proceedings:

Chapter 54

  1. Tex. Estates Code Sec. 54.001. EFFECT OF FILING OR CONTESTING PLEADING.

  2. Tex. Estates Code Sec. 54.002. DEFECT IN PLEADING. A court may not invalidate a pleading in probate, or an order based on the pleading, on the basis of a defect of form or substance in the pleading unless a timely objection has been made against the defect and the defect has been called to the attention of the court in which the proceeding was or is pending.

  3. Tex. Estates Code Sec. 54.051. APPLICABILITY OF CERTAIN RULES RELATING TO WITNESSES AND EVIDENCE. Except as provided by Section 51.203, the Texas Rules of Evidence apply in a proceeding arising under this title to the extent practicable.

  4. Tex. Estates Code Sec. 54.052. USE OF CERTAIN RECORDS AS EVIDENCE. The following are admissible as evidence in any court of this state:

Chapter 55

  1. Tex. Estates Code Sec. 55.001. OPPOSITION IN PROBATE PROCEEDING. A person interested in an estate may, at any time before the court decides an issue in a proceeding, file written opposition regarding the issue. The person is entitled to process for witnesses and evidence, and to be heard on the opposition, as in other suits.

  2. Tex. Estates Code Sec. 55.002. TRIAL BY JURY. In a contested probate or mental illness proceeding in a probate court, a party is entitled to a jury trial as in other civil actions.

  3. Tex. Estates Code Sec. 55.051. DEFINITION. In this subchapter, "institution of higher education" has the meaning assigned by Section 61.003, Education Code.

  4. Tex. Estates Code Sec. 55.052. NECESSARY PARTY. An institution of higher education, a private institution of higher education, or a charitable organization that is a distributee under a will is a necessary party to a will contest or will construction suit involving the will.

  5. Tex. Estates Code Sec. 55.053. SERVICE OF PROCESS.

  6. Tex. Estates Code Sec. 55.101. ENTITLEMENT TO PRODUCTION OF COMMUNICATIONS AND RECORDS. Notwithstanding Subtitle B, Title 3, Occupations Code, a person who is a party to a will contest or proceeding in which a party relies on the mental or testamentary capacity of a decedent before the decedent's death as part of the party's claim or defense is entitled to production of all communications or records relevant to the decedent's condition before the decedent's death.

  7. Tex. Estates Code Sec. 55.102. RELEASE OF RECORDS. On receipt of a subpoena for communications or records described by Section 55.101 and a file-stamped copy of the will contest or proceeding described by that section, the appropriate physician, hospital, medical facility, custodian of records, or other person in possession of the communications or records shall release the communications or records to the requesting party without further authorization.

  8. Tex. Estates Code Sec. 55.151. ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT.

  9. Tex. Estates Code Sec. 55.152. BOND. Before a writ of attachment ordered under Section 55.151 may be issued, the complainant must execute a bond that is:

  10. Tex. Estates Code Sec. 55.201. COMPLAINT AND CITATION.

  11. Tex. Estates Code Sec. 55.202. HEARING AND ORDER.

  12. Tex. Estates Code Sec. 55.203. CONVEYANCE.

  13. Tex. Estates Code Sec. 55.251. REVISION AND CORRECTION OF ORDER OR JUDGMENT IN PROBATE PROCEEDING.

  14. Tex. Estates Code Sec. 55.252. INJUNCTION. A process or action under a court order or judgment subject to a bill of review filed under Section 55.251 may be stayed only by writ of injunction.

Chapter 56

  1. Tex. Estates Code Sec. 56.001. CHANGE OF RESIDENT AGENT.

  2. Tex. Estates Code Sec. 56.002. RESIGNATION OF RESIDENT AGENT.

Chapter 201

  1. Tex. Estates Code Sec. 201.001. ESTATE OF AN INTESTATE NOT LEAVING SPOUSE.

  2. Tex. Estates Code Sec. 201.002. SEPARATE ESTATE OF AN INTESTATE.

  3. Tex. Estates Code Sec. 201.003. COMMUNITY ESTATE OF AN INTESTATE.

  4. Tex. Estates Code Sec. 201.051. MATERNAL INHERITANCE.

  5. Tex. Estates Code Sec. 201.052. PATERNAL INHERITANCE.

  6. Tex. Estates Code Sec. 201.053. EFFECT OF RELIANCE ON AFFIDAVIT OF HEIRSHIP.

  7. Tex. Estates Code Sec. 201.054. ADOPTED CHILD.

  8. Tex. Estates Code Sec. 201.055. ISSUE OF VOID OR VOIDABLE MARRIAGE. The issue of a marriage declared void or voided by annulment shall be treated in the same manner as the issue of a valid marriage.

  9. Tex. Estates Code Sec. 201.056. PERSONS NOT IN BEING. No right of inheritance accrues to any person unless the person is born before, or is in gestation at, the time of the intestate's death and survives for at least 120 hours. A person is:

  10. Tex. Estates Code Sec. 201.057. COLLATERAL KINDRED OF WHOLE AND HALF BLOOD. If the inheritance from an intestate passes to the collateral kindred of the intestate and part of the collateral kindred are of whole blood and the other part are of half blood of the intestate, each of the collateral kindred who is of half blood inherits only half as much as that inherited by each of the collateral kindred who is of whole blood. If all of the collateral kindred are of half blood of the intestate, each of the collateral kindred inherits a whole portion.

  11. Tex. Estates Code Sec. 201.058. CONVICTED PERSONS.

  12. Tex. Estates Code Sec. 201.059. PERSON WHO DIES BY CASUALTY. Death by casualty does not result in forfeiture of estate.

  13. Tex. Estates Code Sec. 201.060. ALIENAGE. A person is not disqualified to take as an heir because the person, or another person through whom the person claims, is or has been an alien.

  14. Tex. Estates Code Sec. 201.061. ESTATE OF PERSON WHO DIES BY SUICIDE. The estate of a person who commits suicide descends or vests as if the person died a natural death.

  15. Tex. Estates Code Sec. 201.062. TREATMENT OF CERTAIN PARENT-CHILD RELATIONSHIPS.

  16. Tex. Estates Code Sec. 201.101. DETERMINATION OF PER CAPITA WITH REPRESENTATION DISTRIBUTION.

  17. Tex. Estates Code Sec. 201.102. NO DISTINCTION BASED ON PROPERTY'S SOURCE. A distinction may not be made, in regulating the descent and distribution of an estate of a person dying intestate, between property derived by gift, devise, or descent from the intestate's father, and property derived by gift, devise, or descent from the intestate's mother.

  18. Tex. Estates Code Sec. 201.103. TREATMENT OF INTESTATE'S ESTATE. All of the estate to which an intestate had title at the time of death descends and vests in the intestate's heirs in the same manner as if the intestate had been the original purchaser.

  19. Tex. Estates Code Sec. 201.151. DETERMINATION OF ADVANCEMENT; DATE OF VALUATION.

  20. Tex. Estates Code Sec. 201.152. SURVIVAL OF RECIPIENT REQUIRED. If the recipient of property described by Section 201.151 does not survive the decedent, the property is not considered in computing the division and distribution of the decedent's intestate estate unless the decedent's contemporaneous writing provides otherwise.

Chapter 251

  1. Tex. Estates Code Sec. 251.001. WHO MAY EXECUTE WILL. Under the rules and limitations prescribed by law, a person of sound mind has the right and power to make a will if, at the time the will is made, the person:

  2. Tex. Estates Code Sec. 251.002. INTERESTS THAT MAY PASS BY WILL; DISINHERITANCE.

  3. Tex. Estates Code Sec. 251.051. WRITTEN, SIGNED, AND ATTESTED. Except as otherwise provided by law, a will must be:

  4. Tex. Estates Code Sec. 251.052. EXCEPTION FOR HOLOGRAPHIC WILLS. Notwithstanding Section 251.051, a will written wholly in the testator's handwriting is not required to be attested by subscribing witnesses.

  5. Tex. Estates Code Sec. 251.053. EXCEPTION FOR FOREIGN AND CERTAIN OTHER WILLS. A written will does not need to meet the requirements of Section 251.051 if the will is executed in compliance with:

  6. Tex. Estates Code Sec. 251.101. SELF-PROVED WILL. A self-proved will is a will:

  7. Tex. Estates Code Sec. 251.102. PROBATE AND TREATMENT OF SELF-PROVED WILL.

  8. Tex. Estates Code Sec. 251.103. PERIOD FOR MAKING ATTESTED WILLS SELF-PROVED. A will that meets the requirements of Section 251.051 may be made self-proved at:

  9. Tex. Estates Code Sec. 251.104. REQUIREMENTS FOR SELF-PROVING AFFIDAVIT.

  10. Tex. Estates Code Sec. 251.1045. SIMULTANEOUS EXECUTION, ATTESTATION, AND SELF-PROVING.

  11. Tex. Estates Code Sec. 251.105. EFFECT OF SIGNATURE ON SELF-PROVING AFFIDAVIT. A signature on a self-proving affidavit is considered a signature to the will if necessary to prove that the will was signed by the testator or witnesses or both, except that, in that case, the will may not be considered a self-proved will.

  12. Tex. Estates Code Sec. 251.106. CONTEST, REVOCATION, OR AMENDMENT OF SELF-PROVED WILL. A self-proved will may be contested, revoked, or amended by a codicil in the same manner as a will that is not self-proved.

  13. Tex. Estates Code Sec. 251.107. SELF-PROVED HOLOGRAPHIC WILL. Notwithstanding any other provision of this subchapter, a will written wholly in the testator's handwriting may be made self-proved at any time during the testator's lifetime by the attachment or annexation to the will of an affidavit by the testator to the effect that:

Chapter 254

  1. Tex. Estates Code Sec. 254.001. DEVISES TO TRUSTEES.

  2. Tex. Estates Code Sec. 254.002. BEQUESTS TO CERTAIN SUBSCRIBING WITNESSES.

  3. Tex. Estates Code Sec. 254.003. DEVISES TO CERTAIN ATTORNEYS AND OTHER PERSONS.

  4. Tex. Estates Code Sec. 254.004. CONTRACTS CONCERNING WILLS OR DEVISES; JOINT OR RECIPROCAL WILLS.

  5. Tex. Estates Code Sec. 254.005. FORFEITURE CLAUSE.

  6. Tex. Estates Code Sec. 254.006. DESIGNATION OF ADMINISTRATOR.

Chapter 255

  1. Tex. Estates Code Sec. 255.001. DEFINITIONS. In this subchapter:

  2. Tex. Estates Code Sec. 255.002. CERTAIN PERSONAL PROPERTY EXCLUDED FROM DEVISE OF REAL PROPERTY. A devise of real property does not include any personal property located on, or associated with, the real property or any contents of personal property located on the real property unless the will directs that the personal property or contents are included in the devise.

  3. Tex. Estates Code Sec. 255.003. CONTENTS EXCLUDED FROM LEGACY OF PERSONAL PROPERTY. A legacy of personal property does not include any contents of the property unless the will directs that the contents are included in the legacy.

  4. Tex. Estates Code Sec. 255.051. DEFINITION. In this subchapter, "pretermitted child" means a testator's child who is born or adopted:

  5. Tex. Estates Code Sec. 255.052. APPLICABILITY AND CONSTRUCTION.

  6. Tex. Estates Code Sec. 255.053. SUCCESSION BY PRETERMITTED CHILD IF TESTATOR HAS LIVING CHILD AT WILL'S EXECUTION.

  7. Tex. Estates Code Sec. 255.054. SUCCESSION BY PRETERMITTED CHILD IF TESTATOR HAS NO LIVING CHILD AT WILL'S EXECUTION. If a testator has no child living when the testator executes the testator's last will, a pretermitted child succeeds to the portion of the testator's separate and community estate, other than any portion of the estate devised to the pretermitted child's other parent, to which the pretermitted child would have been entitled under Section 201.001 if the testator had died intestate without a surviving spouse, except as limited by Section 255.056.

  8. Tex. Estates Code Sec. 255.055. RATABLE RECOVERY BY PRETERMITTED CHILD FROM PORTIONS PASSING TO OTHER BENEFICIARIES.

  9. Tex. Estates Code Sec. 255.056. LIMITATION ON REDUCTION OF ESTATE PASSING TO SURVIVING SPOUSE. If a pretermitted child's other parent is not the surviving spouse of the testator, the portion of the testator's estate to which the pretermitted child is entitled under Section 255.053(a) or 255.054 may not reduce the portion of the testator's estate passing to the testator's surviving spouse by more than one-half.

  10. Tex. Estates Code Sec. 255.101. CERTAIN LIFETIME GIFTS CONSIDERED SATISFACTION OF DEVISE. Property that a testator gives to a person during the testator's lifetime is considered a satisfaction, either wholly or partly, of a devise to the person if:

  11. Tex. Estates Code Sec. 255.102. VALUATION OF PROPERTY. Property given in partial satisfaction of a devise shall be valued as of the earlier of:

  12. Tex. Estates Code Sec. 255.151. APPLICABILITY OF SUBCHAPTER. This subchapter applies unless the testator's will provides otherwise. For example, a devise in the testator's will stating "to my surviving children" or "to such of my children as shall survive me" prevents the application of Sections 255.153 and 255.154.

  13. Tex. Estates Code Sec. 255.152. FAILURE OF DEVISE; EFFECT ON RESIDUARY ESTATE.

  14. Tex. Estates Code Sec. 255.153. DISPOSITION OF PROPERTY TO CERTAIN DEVISEES WHO PREDECEASE TESTATOR.

  15. Tex. Estates Code Sec. 255.154. DEVISEE UNDER CLASS GIFT. For purposes of this subchapter, a person who would have been a devisee under a class gift if the person had survived the testator is treated as a devisee unless the person died before the date the will was executed.

  16. Tex. Estates Code Sec. 255.251. DEFINITIONS. In this subchapter:

  17. Tex. Estates Code Sec. 255.252. INCREASE IN SECURITIES; ACCESSIONS. Unless the will of a testator clearly provides otherwise, a devise of securities that are owned by the testator on the date the will is executed includes the following additional securities subsequently acquired by the testator as a result of the testator's ownership of the devised securities:

  18. Tex. Estates Code Sec. 255.253. CASH DISTRIBUTION NOT INCLUDED IN DEVISE. Unless the will of a testator clearly provides otherwise, a devise of securities does not include a cash distribution relating to the securities that accrues before the testator's death, regardless of whether the distribution is paid before the testator's death.

  19. Tex. Estates Code Sec. 255.301. NO RIGHT TO EXONERATION OF DEBTS. Except as provided by Section 255.302, a specific devise passes to the devisee subject to each debt secured by the property that exists on the date of the testator's death, and the devisee is not entitled to exoneration from the testator's estate for payment of the debt.

  20. Tex. Estates Code Sec. 255.302. EXCEPTION. A specific devise does not pass to the devisee subject to a debt described by Section 255.301 if the will in which the devise is made specifically states that the devise passes without being subject to the debt. A general provision in the will stating that debts are to be paid is not a specific statement for purposes of this section.

  21. Tex. Estates Code Sec. 255.303. RIGHTS OF CERTAIN CREDITORS AND OTHER PERSONS.

  22. Tex. Estates Code Sec. 255.304. APPLICABILITY OF SUBCHAPTER. This subchapter is applicable only to wills executed on or after September 1, 2005.

  23. Tex. Estates Code Sec. 255.351. EXERCISE OF POWER OF APPOINTMENT THROUGH WILL. A testator may not exercise a power of appointment through a residuary clause in the testator's will or through a will providing for general disposition of all of the testator's property unless:

  24. Tex. Estates Code Sec. 255.401. POSTHUMOUS CLASS GIFT MEMBERSHIP.

  25. Tex. Estates Code Sec. 255.451. CIRCUMSTANCES UNDER WHICH WILL MAY BE MODIFIED OR REFORMED.

  26. Tex. Estates Code Sec. 255.452. JUDICIAL DISCRETION. The court shall exercise the court's discretion to order a modification or reformation under this subchapter in the manner that conforms as nearly as possible to the probable intent of the testator.

  27. Tex. Estates Code Sec. 255.453. RETROACTIVE EFFECT. The court may direct that an order described by this subchapter has retroactive effect.

  28. Tex. Estates Code Sec. 255.454. POWERS CUMULATIVE. This subchapter does not limit a court's powers under other law, including the power to modify, reform, or terminate a testamentary trust under Section 112.054, Property Code.

  29. Tex. Estates Code Sec. 255.455. DUTIES AND LIABILITY OF PERSONAL REPRESENTATIVE UNDER SUBCHAPTER.

  30. Tex. Estates Code Sec. 255.456. JURISDICTION AND TRANSFER OF PROCEEDING.

Family

Chapter 1

  1. Tex. Family Code Sec. 1.001. APPLICABILITY OF DEFINITIONS.

  2. Tex. Family Code Sec. 1.002. COURT. "Court" means the district court, juvenile court having the jurisdiction of a district court, or other court expressly given jurisdiction of a suit under this title.

  3. Tex. Family Code Sec. 1.003. SUIT FOR DISSOLUTION OF MARRIAGE. "Suit for dissolution of a marriage" includes a suit for divorce or annulment or to declare a marriage void.

  4. Tex. Family Code Sec. 1.101. EVERY MARRIAGE PRESUMED VALID. In order to promote the public health and welfare and to provide the necessary records, this code specifies detailed rules to be followed in establishing the marriage relationship. However, in order to provide stability for those entering into the marriage relationship in good faith and to provide for an orderly determination of parentage and security for the children of the relationship, it is the policy of this state to preserve and uphold each marriage against claims of invalidity unless a strong reason exists for holding the marriage void or voidable. Therefore, every marriage entered into in this state is presumed to be valid unless expressly made void by Chapter 6 or unless expressly made voidable by Chapter 6 and annulled as provided by that chapter.

  5. Tex. Family Code Sec. 1.102. MOST RECENT MARRIAGE PRESUMED VALID. When two or more marriages of a person to different spouses are alleged, the most recent marriage is presumed to be valid as against each marriage that precedes the most recent marriage until one who asserts the validity of a prior marriage proves the validity of the prior marriage.

  6. Tex. Family Code Sec. 1.103. PERSONS MARRIED ELSEWHERE. The law of this state applies to persons married elsewhere who are domiciled in this state.

  7. Tex. Family Code Sec. 1.104. CAPACITY OF SPOUSE. Except as expressly provided by statute or by the constitution, a person, regardless of age, who has been married in accordance with the law of this state has the capacity and power of an adult, including the capacity to contract.

  8. Tex. Family Code Sec. 1.105. JOINDER IN CIVIL SUITS.

  9. Tex. Family Code Sec. 1.106. CRIMINAL CONVERSATION NOT AUTHORIZED. A right of action by one spouse against a third party for criminal conversation is not authorized in this state.

  10. Tex. Family Code Sec. 1.107. ALIENATION OF AFFECTION NOT AUTHORIZED. A right of action by one spouse against a third party for alienation of affection is not authorized in this state.

  11. Tex. Family Code Sec. 1.108. PROMISE OR AGREEMENT MUST BE IN WRITING. A promise or agreement made on consideration of marriage or nonmarital conjugal cohabitation is not enforceable unless the promise or agreement or a memorandum of the promise or agreement is in writing and signed by the person obligated by the promise or agreement.

  12. Tex. Family Code Sec. 1.109. USE OF DIGITIZED SIGNATURE.

Chapter 2

  1. Tex. Family Code Sec. 2.001. MARRIAGE LICENSE.

  2. Tex. Family Code Sec. 2.002. APPLICATION FOR LICENSE. Except as provided by Section 2.006, each person applying for a license must:

  3. Tex. Family Code Sec. 2.003. APPLICATION FOR LICENSE BY MINOR.

  4. Tex. Family Code Sec. 2.004. APPLICATION FORM.

  5. Tex. Family Code Sec. 2.005. PROOF OF IDENTITY AND AGE.

  6. Tex. Family Code Sec. 2.006. ABSENT APPLICANT.

  7. Tex. Family Code Sec. 2.007. AFFIDAVIT OF ABSENT APPLICANT. The affidavit of an absent applicant must include:

  8. Tex. Family Code Sec. 2.0071. MAINTENANCE OF RECORDS BY CLERK RELATING TO LICENSE FOR ABSENT APPLICANT. A county clerk who issues a marriage license for an absent applicant shall maintain the affidavit of the absent applicant and the application for the marriage license in the same manner that the clerk maintains an application for a marriage license submitted by two applicants in person.

  9. Tex. Family Code Sec. 2.008. EXECUTION OF APPLICATION BY CLERK.

  10. Tex. Family Code Sec. 2.009. ISSUANCE OF LICENSE.

  11. Tex. Family Code Sec. 2.0091. APPLICATION FOR AND ISSUANCE OF LICENSE THROUGH REMOTE TECHNOLOGY.

  12. Tex. Family Code Sec. 2.010. AIDS INFORMATION; POSTING ON INTERNET. The Department of State Health Services shall prepare and make available to the public on its Internet website information about acquired immune deficiency syndrome

  13. Tex. Family Code Sec. 2.012. VIOLATION BY COUNTY CLERK; PENALTY. A county clerk or deputy county clerk who violates or fails to comply with this subchapter commits an offense. An offense under this section is a misdemeanor punishable by a fine of not less than $200 and not more than $500.

  14. Tex. Family Code Sec. 2.013. PREMARITAL EDUCATION COURSES.

  15. Tex. Family Code Sec. 2.014. FAMILY TRUST FUND.

  16. Tex. Family Code Sec. 2.101. GENERAL AGE REQUIREMENT. A county clerk may not issue a marriage license if either applicant is under 18 years of age, unless each underage applicant shows that the applicant has been granted by this state or another state a court order removing the disabilities of minority of the applicant for general purposes.

  17. Tex. Family Code Sec. 2.201. EXPIRATION OF LICENSE. If a marriage ceremony has not been conducted before the 90th day after the date the license is issued, the marriage license expires.

  18. Tex. Family Code Sec. 2.202. PERSONS AUTHORIZED TO CONDUCT CEREMONY.

  19. Tex. Family Code Sec. 2.203. CEREMONY.

  20. Tex. Family Code Sec. 2.204. 72-HOUR WAITING PERIOD; EXCEPTIONS.

  21. Tex. Family Code Sec. 2.205. DISCRIMINATION IN CONDUCTING MARRIAGE PROHIBITED.

  22. Tex. Family Code Sec. 2.206. RETURN OF LICENSE; PENALTY.

  23. Tex. Family Code Sec. 2.207. MARRIAGE CONDUCTED AFTER LICENSE EXPIRED; PENALTY.

  24. Tex. Family Code Sec. 2.208. RECORDING AND DELIVERY OF LICENSE.

  25. Tex. Family Code Sec. 2.209. DUPLICATE LICENSE.

  26. Tex. Family Code Sec. 2.301. FRAUD, MISTAKE, OR ILLEGALITY IN OBTAINING LICENSE. Except as otherwise provided by this chapter, the validity of a marriage is not affected by any fraud, mistake, or illegality that occurred in obtaining the marriage license.

  27. Tex. Family Code Sec. 2.302. CEREMONY CONDUCTED BY UNAUTHORIZED PERSON. The validity of a marriage is not affected by the lack of authority of the person conducting the marriage ceremony if:

  28. Tex. Family Code Sec. 2.401. PROOF OF INFORMAL MARRIAGE.

  29. Tex. Family Code Sec. 2.402. DECLARATION AND REGISTRATION OF INFORMAL MARRIAGE.

  30. Tex. Family Code Sec. 2.403. PROOF OF IDENTITY AND AGE; OFFENSE.

  31. Tex. Family Code Sec. 2.404. RECORDING OF CERTIFICATE OR DECLARATION OF INFORMAL MARRIAGE.

  32. Tex. Family Code Sec. 2.405. VIOLATION BY COUNTY CLERK; PENALTY. A county clerk or deputy county clerk who violates this subchapter commits an offense. An offense under this section is a misdemeanor punishable by a fine of not less than $200 and not more than $500.

  33. Tex. Family Code Sec. 2.406. CONFIDENTIALITY OF CERTAIN INFORMATION. If a party to a declaration of informal marriage has checked the box described by Section 2.402(b)(5), the county clerk may not:

  34. Tex. Family Code Sec. 2.501. DUTY TO SUPPORT.

  35. Tex. Family Code Sec. 2.601. RIGHTS OF CERTAIN RELIGIOUS ORGANIZATIONS. A religious organization, an organization supervised or controlled by or in connection with a religious organization, an individual employed by a religious organization while acting in the scope of that employment, or a clergy or minister may not be required to solemnize any marriage or provide services, accommodations, facilities, goods, or privileges for a purpose related to the solemnization, formation, or celebration of any marriage if the action would cause the organization or individual to violate a sincerely held religious belief.

  36. Tex. Family Code Sec. 2.602. DISCRIMINATION AGAINST RELIGIOUS ORGANIZATION PROHIBITED. A refusal to provide services, accommodations, facilities, goods, or privileges under Section 2.601 is not the basis for a civil or criminal cause of action or any other action by this state or a political subdivision of this state to penalize or withhold benefits or privileges, including tax exemptions or governmental contracts, grants, or licenses, from any protected organization or individual.

Chapter 3

  1. Tex. Family Code Sec. 3.001. SEPARATE PROPERTY. A spouse's separate property consists of:

  2. Tex. Family Code Sec. 3.002. COMMUNITY PROPERTY. Community property consists of the property, other than separate property, acquired by either spouse during marriage.

  3. Tex. Family Code Sec. 3.003. PRESUMPTION OF COMMUNITY PROPERTY.

  4. Tex. Family Code Sec. 3.004. RECORDATION OF SEPARATE PROPERTY.

  5. Tex. Family Code Sec. 3.005. GIFTS BETWEEN SPOUSES. If one spouse makes a gift of property to the other spouse, the gift is presumed to include all the income and property that may arise from that property.

  6. Tex. Family Code Sec. 3.006. PROPORTIONAL OWNERSHIP OF PROPERTY BY MARITAL ESTATES. If the community estate of the spouses and the separate estate of a spouse have an ownership interest in property, the respective ownership interests of the marital estates are determined by the rule of inception of title.

  7. Tex. Family Code Sec. 3.007. PROPERTY INTEREST IN CERTAIN EMPLOYEE BENEFITS.

  8. Tex. Family Code Sec. 3.008. PROPERTY INTEREST IN CERTAIN INSURANCE PROCEEDS.

  9. Tex. Family Code Sec. 3.101. MANAGING SEPARATE PROPERTY. Each spouse has the sole management, control, and disposition of that spouse's separate property.

  10. Tex. Family Code Sec. 3.102. MANAGING COMMUNITY PROPERTY.

  11. Tex. Family Code Sec. 3.103. MANAGING EARNINGS OF MINOR. Except as provided by Section 264.0111, during the marriage of the parents of an unemancipated minor for whom a managing conservator has not been appointed, the earnings of the minor are subject to the joint management, control, and disposition of the parents of the minor, unless otherwise provided by agreement of the parents or by judicial order.

  12. Tex. Family Code Sec. 3.104. PROTECTION OF THIRD PERSONS.

  13. Tex. Family Code Sec. 3.201. SPOUSAL LIABILITY.

  14. Tex. Family Code Sec. 3.202. RULES OF MARITAL PROPERTY LIABILITY.

  15. Tex. Family Code Sec. 3.203. ORDER IN WHICH PROPERTY IS SUBJECT TO EXECUTION.

  16. Tex. Family Code Sec. 3.301. MISSING, ABANDONED, OR SEPARATED SPOUSE.

  17. Tex. Family Code Sec. 3.302. SPOUSE MISSING ON PUBLIC SERVICE.

  18. Tex. Family Code Sec. 3.303. APPOINTMENT OF ATTORNEY.

  19. Tex. Family Code Sec. 3.304. NOTICE OF HEARING; CITATION.

  20. Tex. Family Code Sec. 3.305. CITATION BY PUBLICATION.

  21. Tex. Family Code Sec. 3.306. COURT ORDER FOR MANAGEMENT, CONTROL, AND DISPOSITION OF COMMUNITY PROPERTY.

  22. Tex. Family Code Sec. 3.307. CONTINUING JURISDICTION OF COURT; VACATING ORIGINAL ORDER.

  23. Tex. Family Code Sec. 3.308. RECORDING ORDER TO AFFECT REAL PROPERTY. An order authorized by this subchapter affecting real property is not constructive notice to a good faith purchaser for value or to a creditor without actual notice unless the order is recorded in the deed records of the county in which the real property is located.

  24. Tex. Family Code Sec. 3.309. REMEDIES CUMULATIVE. The remedies provided in this subchapter are cumulative of other rights, powers, and remedies afforded spouses by law.

  25. Tex. Family Code Sec. 3.401. DEFINITIONS. In this subchapter:

  26. Tex. Family Code Sec. 3.402. CLAIM FOR REIMBURSEMENT; OFFSETS.

  27. Tex. Family Code Sec. 3.404. APPLICATION OF INCEPTION OF TITLE RULE; OWNERSHIP INTEREST NOT CREATED.

  28. Tex. Family Code Sec. 3.405. MANAGEMENT RIGHTS. This subchapter does not affect the right to manage, control, or dispose of marital property as provided by this chapter.

  29. Tex. Family Code Sec. 3.406. EQUITABLE LIEN.

  30. Tex. Family Code Sec. 3.409. NONREIMBURSABLE CLAIMS. The court may not recognize a marital estate's claim for reimbursement for:

  31. Tex. Family Code Sec. 3.410. EFFECT OF MARITAL PROPERTY AGREEMENTS. A premarital or marital property agreement, whether executed before, on, or after September 1, 2009, that satisfies the requirements of Chapter 4 is effective to waive, release, assign, or partition a claim for economic contribution, reimbursement, or both, under this subchapter to the same extent the agreement would have been effective to waive, release, assign, or partition a claim for economic contribution, reimbursement, or both under the law as it existed immediately before September 1, 2009, unless the agreement provides otherwise.

  32. Tex. Family Code Sec. 3.411. CUMULATIVE REMEDIES. The remedies provided by this subchapter are not exclusive and are in addition to any other remedy provided by law.

Chapter 4

  1. Tex. Family Code Sec. 4.001. DEFINITIONS. In this subchapter:

  2. Tex. Family Code Sec. 4.002. FORMALITIES. A premarital agreement must be in writing and signed by both parties. The agreement is enforceable without consideration.

  3. Tex. Family Code Sec. 4.003. CONTENT.

  4. Tex. Family Code Sec. 4.004. EFFECT OF MARRIAGE. A premarital agreement becomes effective on marriage.

  5. Tex. Family Code Sec. 4.005. AMENDMENT OR REVOCATION. After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.

  6. Tex. Family Code Sec. 4.006. ENFORCEMENT.

  7. Tex. Family Code Sec. 4.007. ENFORCEMENT: VOID MARRIAGE. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

  8. Tex. Family Code Sec. 4.008. LIMITATION OF ACTIONS. A statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.

  9. Tex. Family Code Sec. 4.009. APPLICATION AND CONSTRUCTION. This subchapter shall be applied and construed to effect its general purpose to make uniform the law with respect to the subject of this subchapter among states enacting these provisions.

  10. Tex. Family Code Sec. 4.010. SHORT TITLE. This subchapter may be cited as the Uniform Premarital Agreement Act.

  11. Tex. Family Code Sec. 4.101. DEFINITION. In this subchapter, "property" has the meaning assigned by Section 4.001.

  12. Tex. Family Code Sec. 4.102. PARTITION OR EXCHANGE OF COMMUNITY PROPERTY. At any time, the spouses may partition or exchange between themselves all or part of their community property, then existing or to be acquired, as the spouses may desire. Property or a property interest transferred to a spouse by a partition or exchange agreement becomes that spouse's separate property. The partition or exchange of property may also provide that future earnings and income arising from the transferred property shall be the separate property of the owning spouse.

  13. Tex. Family Code Sec. 4.103. AGREEMENT BETWEEN SPOUSES CONCERNING INCOME OR PROPERTY FROM SEPARATE PROPERTY. At any time, the spouses may agree that the income or property arising from the separate property that is then owned by one of them, or that may thereafter be acquired, shall be the separate property of the owner.

  14. Tex. Family Code Sec. 4.104. FORMALITIES. A partition or exchange agreement under Section 4.102 or an agreement under Section 4.103 must be in writing and signed by both parties. Either agreement is enforceable without consideration.

  15. Tex. Family Code Sec. 4.105. ENFORCEMENT.

  16. Tex. Family Code Sec. 4.106. RIGHTS OF CREDITORS AND RECORDATION UNDER PARTITION OR EXCHANGE AGREEMENT.

  17. Tex. Family Code Sec. 4.201. DEFINITION. In this subchapter, "property" has the meaning assigned by Section 4.001.

  18. Tex. Family Code Sec. 4.202. AGREEMENT TO CONVERT TO COMMUNITY PROPERTY. At any time, spouses may agree that all or part of the separate property owned by either or both spouses is converted to community property.

  19. Tex. Family Code Sec. 4.203. FORMALITIES OF AGREEMENT.

  20. Tex. Family Code Sec. 4.204. MANAGEMENT OF CONVERTED PROPERTY. Except as specified in the agreement to convert the property and as provided by Subchapter B, Chapter 3, and other law, property converted to community property under this subchapter is subject to:

  21. Tex. Family Code Sec. 4.205. ENFORCEMENT.

  22. Tex. Family Code Sec. 4.206. RIGHTS OF CREDITORS; RECORDING.

Chapter 5

  1. Tex. Family Code Sec. 5.001. SALE, CONVEYANCE, OR ENCUMBRANCE OF HOMESTEAD. Whether the homestead is the separate property of either spouse or community property, neither spouse may sell, convey, or encumber the homestead without the joinder of the other spouse except as provided in this chapter or by other rules of law.

  2. Tex. Family Code Sec. 5.002. SALE OF SEPARATE HOMESTEAD AFTER SPOUSE JUDICIALLY DECLARED INCAPACITATED. If the homestead is the separate property of a spouse and the other spouse has been judicially declared incapacitated by a court exercising original jurisdiction over guardianship and other matters under Title 3, Estates Code, the owner may sell, convey, or encumber the homestead without the joinder of the other spouse.

  3. Tex. Family Code Sec. 5.003. SALE OF COMMUNITY HOMESTEAD AFTER SPOUSE JUDICIALLY DECLARED INCAPACITATED. If the homestead is the community property of the spouses and one spouse has been judicially declared incapacitated by a court exercising original jurisdiction over guardianship and other matters under Title 3, Estates Code, the competent spouse may sell, convey, or encumber the homestead without the joinder of the other spouse.

  4. Tex. Family Code Sec. 5.101. SALE OF SEPARATE HOMESTEAD UNDER UNUSUAL CIRCUMSTANCES. If the homestead is the separate property of a spouse, that spouse may file a sworn petition that gives a description of the property, states the facts that make it desirable for the spouse to sell, convey, or encumber the homestead without the joinder of the other spouse, and alleges that the other spouse:

  5. Tex. Family Code Sec. 5.102. SALE OF COMMUNITY HOMESTEAD UNDER UNUSUAL CIRCUMSTANCES. If the homestead is the community property of the spouses, one spouse may file a sworn petition that gives a description of the property, states the facts that make it desirable for the petitioning spouse to sell, convey, or encumber the homestead without the joinder of the other spouse, and alleges that the other spouse:

  6. Tex. Family Code Sec. 5.103. TIME FOR FILING PETITION. The petitioning spouse may file the petition in a court of the county in which any portion of the property is located not earlier than the 60th day after the date of the occurrence of an event described by Sections 5.101(1)-(3) and 5.102(1)-(3) or not less than six months after the date the other spouse has been reported to be a prisoner of war or missing on public service.

  7. Tex. Family Code Sec. 5.104. APPOINTMENT OF ATTORNEY.

  8. Tex. Family Code Sec. 5.105. CITATION; NOTICE OF HEARING. Citation and notice of hearing for a suit filed as provided by this subchapter shall be issued and served in the manner provided in Subchapter D, Chapter 3.

  9. Tex. Family Code Sec. 5.106. COURT ORDER.

  10. Tex. Family Code Sec. 5.108. REMEDIES AND POWERS CUMULATIVE. The remedies and the powers of a spouse provided by this subchapter are cumulative of the other rights, powers, and remedies afforded the spouses by law.

Chapter 6

  1. Tex. Family Code Sec. 6.001. INSUPPORTABILITY. On the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.

  2. Tex. Family Code Sec. 6.002. CRUELTY. The court may grant a divorce in favor of one spouse if the other spouse is guilty of cruel treatment toward the complaining spouse of a nature that renders further living together insupportable.

  3. Tex. Family Code Sec. 6.003. ADULTERY. The court may grant a divorce in favor of one spouse if the other spouse has committed adultery.

  4. Tex. Family Code Sec. 6.004. CONVICTION OF FELONY.

  5. Tex. Family Code Sec. 6.005. ABANDONMENT. The court may grant a divorce in favor of one spouse if the other spouse:

  6. Tex. Family Code Sec. 6.006. LIVING APART. The court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least three years.

  7. Tex. Family Code Sec. 6.007. CONFINEMENT IN MENTAL HOSPITAL. The court may grant a divorce in favor of one spouse if at the time the suit is filed:

  8. Tex. Family Code Sec. 6.008. DEFENSES.

  9. Tex. Family Code Sec. 6.102. ANNULMENT OF MARRIAGE OF PERSON UNDER AGE 18.

  10. Tex. Family Code Sec. 6.103. UNDERAGE ANNULMENT BARRED BY ADULTHOOD. A suit to annul a marriage may not be filed under Section 6.102 by a parent, managing conservator, or guardian of a person after the 18th birthday of the person.

  11. Tex. Family Code Sec. 6.104. DISCRETIONARY ANNULMENT OF UNDERAGE MARRIAGE.

  12. Tex. Family Code Sec. 6.105. UNDER INFLUENCE OF ALCOHOL OR NARCOTICS. The court may grant an annulment of a marriage to a party to the marriage if:

  13. Tex. Family Code Sec. 6.106. IMPOTENCY. The court may grant an annulment of a marriage to a party to the marriage if:

  14. Tex. Family Code Sec. 6.107. FRAUD, DURESS, OR FORCE. The court may grant an annulment of a marriage to a party to the marriage if:

  15. Tex. Family Code Sec. 6.108. MENTAL INCAPACITY.

  16. Tex. Family Code Sec. 6.109. CONCEALED DIVORCE.

  17. Tex. Family Code Sec. 6.110. MARRIAGE LESS THAN 72 HOURS AFTER ISSUANCE OF LICENSE.

  18. Tex. Family Code Sec. 6.111. DEATH OF PARTY TO VOIDABLE MARRIAGE. Except as provided by Subchapter C, Chapter 123, Estates Code, a marriage subject to annulment may not be challenged in a proceeding instituted after the death of either party to the marriage.

  19. Tex. Family Code Sec. 6.201. CONSANGUINITY. A marriage is void if one party to the marriage is related to the other as:

  20. Tex. Family Code Sec. 6.202. MARRIAGE DURING EXISTENCE OF PRIOR MARRIAGE.

  21. Tex. Family Code Sec. 6.203. CERTAIN VOID MARRIAGES VALIDATED. Except for a marriage that would have been void under Section 6.201, a marriage that was entered into before January 1, 1970, in violation of the prohibitions of Article 496, Penal Code of Texas, 1925, is validated from the date the marriage commenced if the parties continued until January 1, 1970, to live together as husband and wife and to represent themselves to others as being married.

  22. Tex. Family Code Sec. 6.204. RECOGNITION OF SAME-SEX MARRIAGE OR CIVIL UNION.

  23. Tex. Family Code Sec. 6.205. MARRIAGE TO MINOR. A marriage is void if either party to the marriage is younger than 18 years of age, unless a court order removing the disabilities of minority of the party for general purposes has been obtained in this state or in another state.

  24. Tex. Family Code Sec. 6.206. MARRIAGE TO STEPCHILD OR STEPPARENT. A marriage is void if a party is a current or former stepchild or stepparent of the other party.

  25. Tex. Family Code Sec. 6.301. GENERAL RESIDENCY RULE FOR DIVORCE SUIT. A suit for divorce may not be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been:

  26. Tex. Family Code Sec. 6.302. SUIT FOR DIVORCE BY NONRESIDENT SPOUSE. If one spouse has been a domiciliary of this state for at least the last six months, a spouse domiciled in another state or nation may file a suit for divorce in the county in which the domiciliary spouse resides at the time the petition is filed.

  27. Tex. Family Code Sec. 6.303. ABSENCE ON PUBLIC SERVICE. Time spent by a Texas domiciliary outside this state or outside the county of residence of the domiciliary while in the service of the armed forces or other service of the United States or of this state, or while accompanying the domiciliary's spouse in the spouse's service of the armed forces or other service of the United States or of this state, is considered residence in this state and in that county.

  28. Tex. Family Code Sec. 6.304. ARMED FORCES PERSONNEL NOT PREVIOUSLY RESIDENTS. A person not previously a resident of this state who is serving in the armed forces of the United States and has been stationed at one or more military installations in this state for at least the last six months and at a military installation in a county of this state for at least the last 90 days, or who is accompanying the person's spouse during the spouse's military service in those locations and for those periods, is considered to be a Texas domiciliary and a resident of that county for those periods for the purpose of filing suit for dissolution of a marriage.

  29. Tex. Family Code Sec. 6.305. ACQUIRING JURISDICTION OVER NONRESIDENT RESPONDENT.

  30. Tex. Family Code Sec. 6.306. JURISDICTION TO ANNUL MARRIAGE.

  31. Tex. Family Code Sec. 6.307. JURISDICTION TO DECLARE MARRIAGE VOID.

  32. Tex. Family Code Sec. 6.308. EXERCISING PARTIAL JURISDICTION.

  33. Tex. Family Code Sec. 6.401. CAPTION.

  34. Tex. Family Code Sec. 6.402. PLEADINGS.

  35. Tex. Family Code Sec. 6.403. ANSWER. The respondent in a suit for dissolution of a marriage is not required to answer on oath or affirmation.

  36. Tex. Family Code Sec. 6.4035. WAIVER OF SERVICE.

  37. Tex. Family Code Sec. 6.404. INFORMATION REGARDING PROTECTIVE ORDERS. At any time while a suit for dissolution of a marriage is pending, if the court believes, on the basis of any information received by the court, that a party to the suit or a member of the party's family or household may be a victim of family violence, the court shall inform that party of the party's right to apply for a protective order under Title 4.

  38. Tex. Family Code Sec. 6.405. PROTECTIVE ORDER AND RELATED ORDERS.

  39. Tex. Family Code Sec. 6.406. MANDATORY JOINDER OF SUIT AFFECTING PARENT-CHILD RELATIONSHIP.

  40. Tex. Family Code Sec. 6.407. TRANSFER OF SUIT AFFECTING PARENT-CHILD RELATIONSHIP TO DIVORCE COURT.

  41. Tex. Family Code Sec. 6.408. SERVICE OF CITATION. Citation on the filing of an original petition in a suit for dissolution of a marriage shall be issued and served as in other civil cases. Citation may also be served on any other person who has or who may assert an interest in the suit for dissolution of the marriage.

  42. Tex. Family Code Sec. 6.409. CITATION BY PUBLICATION.

  43. Tex. Family Code Sec. 6.410. REPORT TO ACCOMPANY PETITION. At the time a petition for divorce or annulment of a marriage is filed, the petitioner shall also file a completed report that may be used by the district clerk, at the time the petition is granted, to comply with Section 194.002, Health and Safety Code.

  44. Tex. Family Code Sec. 6.411. CONFIDENTIALITY OF PLEADINGS.

  45. Tex. Family Code Sec. 6.501. TEMPORARY RESTRAINING ORDER.

  46. Tex. Family Code Sec. 6.502. TEMPORARY INJUNCTION AND OTHER TEMPORARY ORDERS.

  47. Tex. Family Code Sec. 6.503. AFFIDAVIT, VERIFIED PLEADING, AND BOND NOT REQUIRED.

  48. Tex. Family Code Sec. 6.504. PROTECTIVE ORDERS. On the motion of a party to a suit for dissolution of a marriage, the court may render a protective order as provided by Subtitle B, Title 4.

  49. Tex. Family Code Sec. 6.505. COUNSELING.

  50. Tex. Family Code Sec. 6.506. CONTEMPT. The violation of a temporary restraining order, temporary injunction, or other temporary order issued under this subchapter is punishable as contempt.

  51. Tex. Family Code Sec. 6.507. INTERLOCUTORY APPEAL. An order under this subchapter, except an order appointing a receiver, is not subject to interlocutory appeal.

  52. Tex. Family Code Sec. 6.601. ARBITRATION PROCEDURES.

  53. Tex. Family Code Sec. 6.6015. DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE.

  54. Tex. Family Code Sec. 6.602. MEDIATION PROCEDURES.

  55. Tex. Family Code Sec. 6.604. INFORMAL SETTLEMENT CONFERENCE.

  56. Tex. Family Code Sec. 6.701. FAILURE TO ANSWER. In a suit for divorce, the petition may not be taken as confessed if the respondent does not file an answer.

  57. Tex. Family Code Sec. 6.702. WAITING PERIOD.

  58. Tex. Family Code Sec. 6.703. JURY. In a suit for dissolution of a marriage, either party may demand a jury trial unless the action is a suit to annul an underage marriage under Section 6.102.

  59. Tex. Family Code Sec. 6.704. TESTIMONY OF HUSBAND OR WIFE.

  60. Tex. Family Code Sec. 6.705. TESTIMONY BY MARRIAGE COUNSELOR.

  61. Tex. Family Code Sec. 6.706. CHANGE OF NAME.

  62. Tex. Family Code Sec. 6.707. TRANSFERS AND DEBTS PENDING DECREE.

  63. Tex. Family Code Sec. 6.708. ATTORNEY'S FEES, COURT COSTS, AND EXPENSES.

  64. Tex. Family Code Sec. 6.709. TEMPORARY ORDERS DURING APPEAL.

  65. Tex. Family Code Sec. 6.710. NOTICE OF FINAL DECREE. The clerk of the court shall mail a notice of the signing of the final decree of dissolution of a marriage to the party who waived service of process under Section 6.4035 at the mailing address contained in the waiver or the office of the party's attorney of record. The notice must state that a copy of the decree is available at the office of the clerk of the court and include the physical address of that office.

  66. Tex. Family Code Sec. 6.711. FINDINGS OF FACT AND CONCLUSIONS OF LAW.

  67. Tex. Family Code Sec. 6.712. DATE OF MARRIAGE REQUIREMENT IN FINAL DECREE.

  68. Tex. Family Code Sec. 6.801. REMARRIAGE.

  69. Tex. Family Code Sec. 6.802. WAIVER OF PROHIBITION AGAINST REMARRIAGE. For good cause shown the court may waive the prohibition against remarriage provided by this subchapter as to either or both spouses if a record of the proceedings is made and preserved or if findings of fact and conclusions of law are filed by the court.

Chapter 7

  1. Tex. Family Code Sec. 7.001. GENERAL RULE OF PROPERTY DIVISION. In a decree of divorce or annulment, the court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.

  2. Tex. Family Code Sec. 7.002. DIVISION AND DISPOSITION OF CERTAIN PROPERTY UNDER SPECIAL CIRCUMSTANCES.

  3. Tex. Family Code Sec. 7.003. DISPOSITION OF RETIREMENT AND EMPLOYMENT BENEFITS AND OTHER PLANS. In a decree of divorce or annulment, the court shall determine the rights of both spouses in a pension, retirement plan, annuity, individual retirement account, employee stock option plan, stock option, or other form of savings, bonus, profit-sharing, or other employer plan or financial plan of an employee or a participant, regardless of whether the person is self-employed, in the nature of compensation or savings.

  4. Tex. Family Code Sec. 7.004. DISPOSITION OF RIGHTS IN INSURANCE. In a decree of divorce or annulment, the court shall specifically divide or award the rights of each spouse in an insurance policy.

  5. Tex. Family Code Sec. 7.005. INSURANCE COVERAGE NOT SPECIFICALLY AWARDED.

  6. Tex. Family Code Sec. 7.006. AGREEMENT INCIDENT TO DIVORCE OR ANNULMENT.

  7. Tex. Family Code Sec. 7.007. DISPOSITION OF CLAIM FOR REIMBURSEMENT. In a decree of divorce or annulment, the court shall determine the rights of both spouses in a claim for reimbursement as provided by Subchapter E, Chapter 3, and shall apply equitable principles to:

  8. Tex. Family Code Sec. 7.008. CONSIDERATION OF TAXES. In ordering the division of the estate of the parties to a suit for dissolution of a marriage, the court may consider:

  9. Tex. Family Code Sec. 7.009. FRAUD ON THE COMMUNITY; DIVISION AND DISPOSITION OF RECONSTITUTED ESTATE.

Chapter 8

  1. Tex. Family Code Sec. 8.001. DEFINITIONS. In this chapter:

  2. Tex. Family Code Sec. 8.051. ELIGIBILITY FOR MAINTENANCE. In a suit for dissolution of a marriage or in a proceeding for maintenance in a court with personal jurisdiction over both former spouses following the dissolution of their marriage by a court that lacked personal jurisdiction over an absent spouse, the court may order maintenance for either spouse only if the spouse seeking maintenance will lack sufficient property, including the spouse's separate property, on dissolution of the marriage to provide for the spouse's minimum reasonable needs and:

  3. Tex. Family Code Sec. 8.052. FACTORS IN DETERMINING MAINTENANCE. A court that determines that a spouse is eligible to receive maintenance under this chapter shall determine the nature, amount, duration, and manner of periodic payments by considering all relevant factors, including:

  4. Tex. Family Code Sec. 8.053. PRESUMPTION.

  5. Tex. Family Code Sec. 8.054. DURATION OF MAINTENANCE ORDER.

  6. Tex. Family Code Sec. 8.055. AMOUNT OF MAINTENANCE.

  7. Tex. Family Code Sec. 8.056. TERMINATION.

  8. Tex. Family Code Sec. 8.057. MODIFICATION OF MAINTENANCE ORDER.

  9. Tex. Family Code Sec. 8.058. MAINTENANCE ARREARAGES. A spousal maintenance payment not timely made constitutes an arrearage.

  10. Tex. Family Code Sec. 8.059. ENFORCEMENT OF MAINTENANCE ORDER.

  11. Tex. Family Code Sec. 8.0591. OVERPAYMENT.

  12. Tex. Family Code Sec. 8.060. PUTATIVE SPOUSE. In a suit to declare a marriage void, a putative spouse who did not have knowledge of an existing impediment to a valid marriage may be awarded maintenance if otherwise qualified to receive maintenance under this chapter.

  13. Tex. Family Code Sec. 8.061. UNMARRIED COHABITANTS. An order for maintenance is not authorized between unmarried cohabitants under any circumstances.

  14. Tex. Family Code Sec. 8.062. PLACE OF PAYMENT. If an obligor is ordered to pay an obligee maintenance under this chapter and child support under Chapter 154, the court shall order the payment of maintenance to the state disbursement unit as provided by Chapter 234.

  15. Tex. Family Code Sec. 8.063. ATTORNEY'S FEES, COURT COSTS, AND EXPENSES. In a proceeding under Section 8.056, 8.057, or 8.059, the court may award reasonable and necessary attorney's fees, court costs, and expenses incurred by a party to the divorce or annulment. The court may order the fees, costs, expenses, and any postjudgment interest to be paid directly to the attorney, who may enforce the order in the attorney's own name by any means available for the enforcement of a judgment for debt.

  16. Tex. Family Code Sec. 8.101. INCOME WITHHOLDING; GENERAL RULE.

  17. Tex. Family Code Sec. 8.102. WITHHOLDING FOR ARREARAGES IN ADDITION TO CURRENT SPOUSAL MAINTENANCE.

  18. Tex. Family Code Sec. 8.103. WITHHOLDING FOR ARREARAGES WHEN CURRENT MAINTENANCE IS NOT DUE. A court may order income withholding to be applied toward arrearages in an amount sufficient to discharge those arrearages in not more than two years if current spousal maintenance is no longer owed.

  19. Tex. Family Code Sec. 8.104. WITHHOLDING TO SATISFY JUDGMENT FOR ARREARAGES. The court, in rendering a cumulative judgment for arrearages, may order that a reasonable amount of income be withheld from the disposable earnings of the obligor to be applied toward the satisfaction of the judgment.

  20. Tex. Family Code Sec. 8.105. PRIORITY OF WITHHOLDING. An order or writ of withholding under this chapter has priority over any garnishment, attachment, execution, or other order affecting disposable earnings, except for an order or writ of withholding for child support under Chapter 158.

  21. Tex. Family Code Sec. 8.106. MAXIMUM AMOUNT WITHHELD FROM EARNINGS. An order or writ of withholding must direct that an obligor's employer withhold from the obligor's disposable earnings the lesser of:

  22. Tex. Family Code Sec. 8.107. ORDER OR WRIT BINDING ON EMPLOYER DOING BUSINESS IN THIS STATE. An order or writ of withholding issued under this chapter and delivered to an employer doing business in this state is binding on the employer without regard to whether the obligor resides or works outside this state.

  23. Tex. Family Code Sec. 8.108. VOLUNTARY WRIT OF WITHHOLDING BY OBLIGOR.

  24. Tex. Family Code Sec. 8.151. TIME LIMIT. The court may issue an order or writ for withholding under this chapter at any time before all spousal maintenance and arrearages are paid.

  25. Tex. Family Code Sec. 8.152. CONTENTS OF ORDER OF WITHHOLDING.

  26. Tex. Family Code Sec. 8.153. REQUEST FOR ISSUANCE OF ORDER OR WRIT OF WITHHOLDING. An obligor or obligee may file with the clerk of the court a request for issuance of an order or writ of withholding.

  27. Tex. Family Code Sec. 8.154. ISSUANCE AND DELIVERY OF ORDER OR WRIT OF WITHHOLDING.

  28. Tex. Family Code Sec. 8.201. ORDER OR WRIT BINDING ON EMPLOYER.

  29. Tex. Family Code Sec. 8.202. EFFECTIVE DATE AND DURATION OF INCOME WITHHOLDING. An employer shall begin to withhold income in accordance with an order or writ of withholding not later than the first pay period after the date the order or writ was delivered to the employer. The employer shall continue to withhold income as required by the order or writ as long as the obligor is employed by the employer.

  30. Tex. Family Code Sec. 8.203. REMITTING WITHHELD PAYMENTS.

  31. Tex. Family Code Sec. 8.204. EMPLOYER MAY DEDUCT FEE FROM EARNINGS. An employer may deduct an administrative fee of not more than $5 each month from the obligor's disposable earnings in addition to the amount withheld as spousal maintenance.

  32. Tex. Family Code Sec. 8.205. HEARING REQUESTED BY EMPLOYER.

  33. Tex. Family Code Sec. 8.206. LIABILITY AND OBLIGATION OF EMPLOYER FOR PAYMENTS.

  34. Tex. Family Code Sec. 8.207. EMPLOYER RECEIVING MULTIPLE ORDERS OR WRITS.

  35. Tex. Family Code Sec. 8.208. EMPLOYER'S LIABILITY FOR DISCRIMINATORY HIRING OR DISCHARGE.

  36. Tex. Family Code Sec. 8.209. PENALTY FOR NONCOMPLIANCE.

  37. Tex. Family Code Sec. 8.210. NOTICE OF TERMINATION OF EMPLOYMENT AND OF NEW EMPLOYMENT.

  38. Tex. Family Code Sec. 8.251. NOTICE OF APPLICATION FOR WRIT OF WITHHOLDING; FILING.

  39. Tex. Family Code Sec. 8.252. CONTENTS OF NOTICE OF APPLICATION FOR WRIT OF WITHHOLDING. The notice of application for a writ of withholding must be verified and:

  40. Tex. Family Code Sec. 8.253. INTERSTATE REQUEST FOR WITHHOLDING.

  41. Tex. Family Code Sec. 8.254. ADDITIONAL ARREARAGES. If the notice of application for a writ of withholding states that the obligor has failed to pay more than one spousal maintenance payment according to the terms of the spousal maintenance order, the writ of withholding may include withholding for arrearages that accrue between the filing of the notice and the date of the hearing or the issuance of the writ.

  42. Tex. Family Code Sec. 8.255. DELIVERY OF NOTICE OF APPLICATION FOR WRIT OF WITHHOLDING; TIME OF DELIVERY.

  43. Tex. Family Code Sec. 8.256. MOTION TO STAY ISSUANCE OF WRIT OF WITHHOLDING.

  44. Tex. Family Code Sec. 8.257. EFFECT OF FILING MOTION TO STAY. If the obligor files a motion to stay as provided by Section 8.256, the clerk of the court may not deliver the writ of withholding to the obligor's employer before a hearing is held.

  45. Tex. Family Code Sec. 8.258. HEARING ON MOTION TO STAY.

  46. Tex. Family Code Sec. 8.259. SPECIAL EXCEPTIONS.

  47. Tex. Family Code Sec. 8.260. WRIT OF WITHHOLDING AFTER ARREARAGES ARE PAID.

  48. Tex. Family Code Sec. 8.261. REQUEST FOR ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING.

  49. Tex. Family Code Sec. 8.262. ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING. The clerk of the court shall, on the filing of a request for issuance of a writ of withholding, issue and deliver the writ as provided by Subchapter D not later than the second working day after the date the request is filed. The clerk shall charge a fee in the amount of $15 for issuing the writ of withholding.

  50. Tex. Family Code Sec. 8.263. CONTENTS OF WRIT OF WITHHOLDING. A writ of withholding must direct that an obligor's employer or a subsequent employer withhold from the obligor's disposable earnings an amount for current spousal maintenance and arrearages consistent with this chapter.

  51. Tex. Family Code Sec. 8.264. EXTENSION OF REPAYMENT SCHEDULE BY PARTY; UNREASONABLE HARDSHIP. A party who files a notice of application for a writ of withholding and who determines that the schedule for repaying arrearages would cause unreasonable hardship to the obligor or the obligor's family may extend the payment period in the writ.

  52. Tex. Family Code Sec. 8.265. REMITTANCE OF AMOUNT TO BE WITHHELD. The obligor's employer shall remit the amount withheld to the person or office named in the writ on each pay date and shall include with the remittance the date on which the withholding occurred.

  53. Tex. Family Code Sec. 8.266. FAILURE TO RECEIVE NOTICE OF APPLICATION FOR WRIT OF WITHHOLDING.

  54. Tex. Family Code Sec. 8.267. ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING TO SUBSEQUENT EMPLOYER.

  55. Tex. Family Code Sec. 8.301. AGREEMENT BY PARTIES REGARDING AMOUNT OR DURATION OF WITHHOLDING.

  56. Tex. Family Code Sec. 8.302. MODIFICATIONS TO OR TERMINATION OF WITHHOLDING IN VOLUNTARY WITHHOLDING CASES.

  57. Tex. Family Code Sec. 8.303. TERMINATION OF WITHHOLDING IN MANDATORY WITHHOLDING CASES.

  58. Tex. Family Code Sec. 8.304. DELIVERY OF ORDER OF REDUCTION OR TERMINATION OF WITHHOLDING. Any person may deliver to the obligor's employer a certified copy of an order that reduces the amount of spousal maintenance to be withheld or terminates the withholding.

  59. Tex. Family Code Sec. 8.305. LIABILITY OF EMPLOYERS. The provisions of this chapter regarding the liability of employers for withholding apply to an order that reduces or terminates withholding.

  60. Tex. Family Code Sec. 8.351. JURISDICTION FOR QUALIFIED DOMESTIC RELATIONS ORDER.

  61. Tex. Family Code Sec. 8.352. PROCEDURE.

  62. Tex. Family Code Sec. 8.353. TEMPORARY ORDERS.

  63. Tex. Family Code Sec. 8.354. DEFECTIVE PRIOR DOMESTIC RELATIONS ORDER. If a plan administrator or other person acting in an equivalent capacity determines that a domestic relations order does not satisfy the requirements of a qualified domestic relations order or similar order, the court retains continuing jurisdiction over the parties to the extent necessary to render a qualified domestic relations order.

  64. Tex. Family Code Sec. 8.355. AMENDMENT OF QUALIFIED DOMESTIC RELATIONS ORDER.

  65. Tex. Family Code Sec. 8.356. LIBERAL CONSTRUCTION. The court shall liberally construe this subchapter to effect payment of pension, retirement plan, or other employee benefits for the satisfaction of the obligor's maintenance obligation.

  66. Tex. Family Code Sec. 8.357. ATTORNEY'S FEES, COURT COSTS, AND EXPENSES.

  67. Tex. Family Code Sec. 8.358. DIRECT PAYMENT. Payments under a qualified domestic relations order under this subchapter may be made by direct payment or other method ordered by the court.

  68. Tex. Family Code Sec. 8.359. CONFLICTS WITH OTHER LAW.

Chapter 9

  1. Tex. Family Code Sec. 9.001. ENFORCEMENT OF DECREE.

  2. Tex. Family Code Sec. 9.002. CONTINUING AUTHORITY TO ENFORCE DECREE. The court that rendered the decree of divorce or annulment retains the power to enforce the property division as provided by Chapter 7, including a property division and any contractual provisions under the terms of an agreement incident to divorce or annulment under Section 7.006 that was approved by the court.

  3. Tex. Family Code Sec. 9.003. FILING DEADLINES.

  4. Tex. Family Code Sec. 9.004. APPLICABILITY TO UNDIVIDED PROPERTY. The procedures and limitations of this subchapter do not apply to existing property not divided on divorce, which are governed by Subchapter C and by the rules applicable to civil cases generally.

  5. Tex. Family Code Sec. 9.005. NO JURY. A party may not demand a jury trial if the procedures to enforce a decree of divorce or annulment provided by this subchapter are invoked.

  6. Tex. Family Code Sec. 9.006. ENFORCEMENT OF DIVISION OF PROPERTY.

  7. Tex. Family Code Sec. 9.007. LIMITATION ON POWER OF COURT TO ENFORCE.

  8. Tex. Family Code Sec. 9.008. CLARIFICATION ORDER.

  9. Tex. Family Code Sec. 9.009. DELIVERY OF PROPERTY. To enforce the division of property made or approved in a decree of divorce or annulment, the court may make an order to deliver the specific existing property awarded, without regard to whether the property is of especial value, including an award of an existing sum of money or its equivalent.

  10. Tex. Family Code Sec. 9.010. REDUCTION TO MONEY JUDGMENT.

  11. Tex. Family Code Sec. 9.011. RIGHT TO FUTURE PROPERTY.

  12. Tex. Family Code Sec. 9.012. CONTEMPT.

  13. Tex. Family Code Sec. 9.013. COSTS. The court may award costs in a proceeding to enforce a property division under this subchapter as in other civil cases.

  14. Tex. Family Code Sec. 9.014. ATTORNEY'S FEES, COURT COSTS, AND EXPENSES. The court may award reasonable and necessary attorney's fees, court costs, and expenses in a proceeding under this subchapter. The court may order the attorney's fees, court costs, and expenses to be paid directly to the attorney, who may enforce the order in the attorney's own name by any means available for the enforcement of a judgment for debt.

  15. Tex. Family Code Sec. 9.101. JURISDICTION FOR QUALIFIED DOMESTIC RELATIONS ORDER.

  16. Tex. Family Code Sec. 9.102. PROCEDURE.

  17. Tex. Family Code Sec. 9.103. PRIOR FAILURE TO RENDER QUALIFIED DOMESTIC RELATIONS ORDER. A party may petition a court to render a qualified domestic relations order or similar order if the court that rendered a final decree of divorce or annulment or another final order dividing property under this chapter did not provide a qualified domestic relations order or similar order permitting payment of benefits to an alternate payee or other lawful payee.

  18. Tex. Family Code Sec. 9.104. DEFECTIVE PRIOR DOMESTIC RELATIONS ORDER. If a plan administrator or other person acting in an equivalent capacity determines that a domestic relations order does not satisfy the requirements of a qualified domestic relations order or similar order, the court retains continuing, exclusive jurisdiction over the parties and their property to the extent necessary to render a qualified domestic relations order.

  19. Tex. Family Code Sec. 9.1045. AMENDMENT OF QUALIFIED DOMESTIC RELATIONS ORDER.

  20. Tex. Family Code Sec. 9.105. LIBERAL CONSTRUCTION. The court shall liberally construe this subchapter to effect payment of retirement benefits that were divided by a previous decree that failed to contain a qualified domestic relations order or similar order or that contained an order that failed to meet the requirements of a qualified domestic relations order or similar order.

  21. Tex. Family Code Sec. 9.106. ATTORNEY'S FEES, COURT COSTS, AND EXPENSES. In a proceeding under this subchapter, the court may award reasonable and necessary attorney's fees, court costs, and expenses incurred by a party to a divorce or annulment against the other party to the divorce or annulment. The court may order the attorney's fees, court costs, and expenses to be paid directly to the attorney, who may enforce the order in the attorney's own name by any means available for the enforcement of a judgment for debt.

  22. Tex. Family Code Sec. 9.201. PROCEDURE FOR DIVISION OF CERTAIN PROPERTY NOT DIVIDED ON DIVORCE OR ANNULMENT.

  23. Tex. Family Code Sec. 9.202. LIMITATIONS.

  24. Tex. Family Code Sec. 9.203. DIVISION OF UNDIVIDED ASSETS WHEN PRIOR COURT HAD JURISDICTION.

  25. Tex. Family Code Sec. 9.204. DIVISION OF UNDIVIDED ASSETS WHEN PRIOR COURT LACKED JURISDICTION.

  26. Tex. Family Code Sec. 9.205. ATTORNEY'S FEES, COURT COSTS, AND EXPENSES. In a proceeding to divide property previously undivided in a decree of divorce or annulment as provided by this subchapter, the court may award reasonable and necessary attorney's fees, court costs, and expenses. The court may order the attorney's fees, court costs, and expenses to be paid directly to the attorney, who may enforce the order in the attorney's own name by any means available for the enforcement of a judgment for debt.

  27. Tex. Family Code Sec. 9.301. PRE-DECREE DESIGNATION OF EX-SPOUSE AS BENEFICIARY OF LIFE INSURANCE.

  28. Tex. Family Code Sec. 9.302. PRE-DECREE DESIGNATION OF EX-SPOUSE AS BENEFICIARY IN RETIREMENT BENEFITS AND OTHER FINANCIAL PLANS.

  29. Tex. Family Code Sec. 9.401. LACK OF JURISDICTION.

Chapter 15

  1. Tex. Family Code Sec. 15.001. POLICY. It is the policy of this state to encourage the peaceable resolution of disputes, with special consideration given to disputes involving the parent-child relationship, including disputes involving the conservatorship of, possession of or access to, and support of a child, and the early settlement of pending litigation through voluntary settlement procedures.

  2. Tex. Family Code Sec. 15.002. CONFLICTS BETWEEN PROVISIONS. If a provision of this chapter conflicts with another provision of this code or another statute or rule of this state and the conflict cannot be reconciled, this chapter prevails.

  3. Tex. Family Code Sec. 15.003. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact a collaborative law process Act for family law matters.

  4. Tex. Family Code Sec. 15.004. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify, limit, or supersede Section 101(c) of that Act (15 U.S.C. Section 7001(c)), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act (15 U.S.C. Section 7003(b)).

  5. Tex. Family Code Sec. 15.051. SHORT TITLE. This chapter may be cited as the Collaborative Family Law Act.

  6. Tex. Family Code Sec. 15.052. DEFINITIONS. In this chapter:

  7. Tex. Family Code Sec. 15.053. APPLICABILITY. This chapter applies only to a matter arising under Title 1 or 5.

  8. Tex. Family Code Sec. 15.101. REQUIREMENTS FOR COLLABORATIVE FAMILY LAW PARTICIPATION AGREEMENT.

  9. Tex. Family Code Sec. 15.102. BEGINNING AND CONCLUDING COLLABORATIVE FAMILY LAW PROCESS.

  10. Tex. Family Code Sec. 15.103. PROCEEDINGS PENDING BEFORE TRIBUNAL; STATUS REPORT.

  11. Tex. Family Code Sec. 15.104. EMERGENCY ORDER. During a collaborative family law process, a tribunal may issue an emergency order to protect the health, safety, welfare, or interest of a party or a family, as defined by Section 71.003. If the emergency order is granted without the agreement of all parties, the granting of the order terminates the collaborative process.

  12. Tex. Family Code Sec. 15.105. EFFECT OF WRITTEN SETTLEMENT AGREEMENT.

  13. Tex. Family Code Sec. 15.106. DISQUALIFICATION OF COLLABORATIVE LAWYER AND LAWYERS IN ASSOCIATED LAW FIRM; EXCEPTION.

  14. Tex. Family Code Sec. 15.107. EXCEPTION FROM DISQUALIFICATION FOR REPRESENTATION OF LOW-INCOME PARTIES. After a collaborative family law process concludes, another lawyer in a law firm with which a collaborative lawyer disqualified under Section 15.106(b) is associated may represent a party without a fee in the collaborative family law matter or a matter related to the collaborative family law matter if:

  15. Tex. Family Code Sec. 15.108. GOVERNMENTAL ENTITY AS PARTY.

  16. Tex. Family Code Sec. 15.109. DISCLOSURE OF INFORMATION.

  17. Tex. Family Code Sec. 15.110. STANDARDS OF PROFESSIONAL RESPONSIBILITY AND MANDATORY REPORTING NOT AFFECTED. This chapter does not affect:

  18. Tex. Family Code Sec. 15.111. INFORMED CONSENT. Before a prospective party signs a collaborative family law participation agreement, a prospective collaborative lawyer must:

  19. Tex. Family Code Sec. 15.112. FAMILY VIOLENCE.

  20. Tex. Family Code Sec. 15.113. CONFIDENTIALITY OF COLLABORATIVE FAMILY LAW COMMUNICATION.

  21. Tex. Family Code Sec. 15.114. PRIVILEGE AGAINST DISCLOSURE OF COLLABORATIVE FAMILY LAW COMMUNICATION.

  22. Tex. Family Code Sec. 15.115. LIMITS OF PRIVILEGE.

  23. Tex. Family Code Sec. 15.116. AUTHORITY OF TRIBUNAL IN CASE OF NONCOMPLIANCE.

Chapter 31

  1. Tex. Family Code Sec. 31.001. REQUIREMENTS.

  2. Tex. Family Code Sec. 31.002. REQUISITES OF PETITION; VERIFICATION.

  3. Tex. Family Code Sec. 31.003. VENUE. The petitioner shall file the petition in the county in which the petitioner resides.

  4. Tex. Family Code Sec. 31.004. REPRESENTATION OF PETITIONER. The court shall appoint an amicus attorney or attorney ad litem to represent the interest of the petitioner at the hearing.

  5. Tex. Family Code Sec. 31.005. ORDER. The court by order, or the Texas Supreme Court by rule or order, may remove the disabilities of minority of a minor, including any restriction imposed by Chapter 32, if the court or the Texas Supreme Court finds the removal to be in the best interest of the petitioner. The order or rule must state the limited or general purposes for which disabilities are removed.

  6. Tex. Family Code Sec. 31.006. EFFECT OF GENERAL REMOVAL. Except for specific constitutional and statutory age requirements, a minor whose disabilities are removed for general purposes has the capacity of an adult, including the capacity to contract. Except as provided by federal law, all educational rights accorded to the parent of a student, including the right to make education decisions under Sections 151.001(a)(10) and (11), transfer to the minor whose disabilities are removed for general purposes.

  7. Tex. Family Code Sec. 31.007. REGISTRATION OF ORDER OF ANOTHER STATE OR NATION.

  8. Tex. Family Code Sec. 31.008. WAIVER OF CITATION.

Chapter 32

  1. Tex. Family Code Sec. 32.001. CONSENT BY NON-PARENT.

  2. Tex. Family Code Sec. 32.002. CONSENT FORM.

  3. Tex. Family Code Sec. 32.003. CONSENT TO TREATMENT BY CHILD.

  4. Tex. Family Code Sec. 32.004. CONSENT TO COUNSELING.

  5. Tex. Family Code Sec. 32.005. EXAMINATION WITHOUT CONSENT OF ABUSE OR NEGLECT OF CHILD.

  6. Tex. Family Code Sec. 32.101. WHO MAY CONSENT TO IMMUNIZATION OF CHILD.

  7. Tex. Family Code Sec. 32.1011. CONSENT TO IMMUNIZATION BY CHILD.

  8. Tex. Family Code Sec. 32.102. INFORMED CONSENT TO IMMUNIZATION.

  9. Tex. Family Code Sec. 32.103. LIMITED LIABILITY FOR IMMUNIZATION.

  10. Tex. Family Code Sec. 32.201. EMERGENCY SHELTER OR CARE FOR MINORS.

  11. Tex. Family Code Sec. 32.202. CONSENT TO EMERGENCY SHELTER OR CARE BY MINOR.

  12. Tex. Family Code Sec. 32.203. CONSENT BY MINOR TO HOUSING OR CARE PROVIDED THROUGH TRANSITIONAL LIVING PROGRAM.

Chapter 33

  1. Tex. Family Code Sec. 33.001. DEFINITIONS. In this chapter:

  2. Tex. Family Code Sec. 33.002. PARENTAL NOTICE.

  3. Tex. Family Code Sec. 33.0021. CONSENT REQUIRED. A physician may not perform an abortion in violation of Section 164.052(a)(19), Occupations Code.

  4. Tex. Family Code Sec. 33.0022. MEDICAL EMERGENCY NOTIFICATION; AFFIDAVIT FOR MEDICAL RECORD.

  5. Tex. Family Code Sec. 33.003. JUDICIAL APPROVAL.

  6. Tex. Family Code Sec. 33.004. APPEAL.

  7. Tex. Family Code Sec. 33.005. AFFIDAVIT OF PHYSICIAN.

  8. Tex. Family Code Sec. 33.006. GUARDIAN AD LITEM IMMUNITY. A guardian ad litem appointed under this chapter and acting in the course and scope of the appointment is not liable for damages arising from an act or omission of the guardian ad litem committed in good faith. The immunity granted by this section does not apply if the conduct of the guardian ad litem is committed in a manner described by Sections 107.009(b)(1)-(3).

  9. Tex. Family Code Sec. 33.0065. RECORDS. The clerk of the court shall retain the records for each case before the court under this chapter in accordance with rules for civil cases and grant access to the records to the minor who is the subject of the proceeding.

  10. Tex. Family Code Sec. 33.007. COSTS PAID BY STATE.

  11. Tex. Family Code Sec. 33.008. PHYSICIAN'S DUTY TO REPORT ABUSE OF A MINOR; INVESTIGATION AND ASSISTANCE.

  12. Tex. Family Code Sec. 33.0085. DUTY OF JUDGE OR JUSTICE TO REPORT ABUSE OF MINOR.

  13. Tex. Family Code Sec. 33.009. OTHER REPORTS OF SEXUAL ABUSE OF A MINOR. A court or the guardian ad litem or attorney ad litem for the minor shall report conduct reasonably believed to violate Section 21.02, 22.011, 22.021, or 25.02, Penal Code, based on information obtained during a confidential court proceeding held under this chapter to:

  14. Tex. Family Code Sec. 33.010. CONFIDENTIALITY. Notwithstanding any other law, information obtained by the Department of Family and Protective Services or another entity under Section 33.008, 33.0085, or 33.009 is confidential except to the extent necessary to prove a violation of Section 21.02, 22.011, 22.021, or 25.02, Penal Code.

  15. Tex. Family Code Sec. 33.011. INFORMATION RELATING TO JUDICIAL BYPASS. The Texas Department of Health shall produce and distribute informational materials that explain the rights of a minor under this chapter. The materials must explain the procedures established by Sections 33.003 and 33.004 and must be made available in English and in Spanish. The material provided by the department shall also provide information relating to alternatives to abortion and health risks associated with abortion.

  16. Tex. Family Code Sec. 33.012. CIVIL PENALTY.

  17. Tex. Family Code Sec. 33.013. CAPACITY TO CONSENT. An unemancipated minor does not have the capacity to consent to any action that violates this chapter.

  18. Tex. Family Code Sec. 33.014. ATTORNEY GENERAL TO ENFORCE. The attorney general shall enforce this chapter.

Chapter 34

  1. Tex. Family Code Sec. 34.0015. DEFINITIONS. In this chapter:

  2. Tex. Family Code Sec. 34.002. AUTHORIZATION AGREEMENT.

  3. Tex. Family Code Sec. 34.0021. AUTHORIZATION AGREEMENT BY PARENT IN CHILD PROTECTIVE SERVICES CASE. A parent may enter into an authorization agreement with an adult caregiver with whom a child is placed under a parental child safety placement agreement approved by the Department of Family and Protective Services to allow the person to perform the acts described by Section 34.002(a) with regard to the child:

  4. Tex. Family Code Sec. 34.0022. INAPPLICABILITY OF CERTAIN LAWS.

  5. Tex. Family Code Sec. 34.003. CONTENTS OF AUTHORIZATION AGREEMENT.

  6. Tex. Family Code Sec. 34.004. EXECUTION OF AUTHORIZATION AGREEMENT.

  7. Tex. Family Code Sec. 34.005. DUTIES OF PARTIES TO AUTHORIZATION AGREEMENT.

  8. Tex. Family Code Sec. 34.006. AUTHORIZATION VOIDABLE. An authorization agreement is voidable by a party if the other party knowingly:

  9. Tex. Family Code Sec. 34.007. EFFECT OF AUTHORIZATION AGREEMENT.

  10. Tex. Family Code Sec. 34.0075. TERM OF AUTHORIZATION AGREEMENT. An authorization agreement executed under this chapter is for a term of six months from the date the parties enter into the agreement and renews automatically for six-month terms unless:

  11. Tex. Family Code Sec. 34.008. TERMINATION OF AUTHORIZATION AGREEMENT.

  12. Tex. Family Code Sec. 34.009. PENALTY.

Chapter 35

  1. Tex. Family Code Sec. 35.001. APPLICABILITY. This chapter applies to a person whose relationship to a child would make the person eligible to consent to treatment under Section 32.001 or eligible to enter an authorization agreement under Section 34.001.

  2. Tex. Family Code Sec. 35.002. TEMPORARY AUTHORIZATION. A person described by Section 35.001 may seek a court order for temporary authorization for care of a child by filing a petition in the district court in the county in which the person resides if:

  3. Tex. Family Code Sec. 35.003. PETITION FOR TEMPORARY AUTHORIZATION FOR CARE OF CHILD.

  4. Tex. Family Code Sec. 35.004. NOTICE; HEARING.

  5. Tex. Family Code Sec. 35.005. ORDER FOR TEMPORARY AUTHORIZATION.

  6. Tex. Family Code Sec. 35.006. RENEWAL OR TERMINATION OF TEMPORARY AUTHORIZATION.

  7. Tex. Family Code Sec. 35.007. EFFECT OF TEMPORARY AUTHORIZATION.

Chapter 41

  1. Tex. Family Code Sec. 41.001. LIABILITY. A parent or other person who has the duty of control and reasonable discipline of a child is liable for any property damage proximately caused by:

  2. Tex. Family Code Sec. 41.002. LIMIT OF DAMAGES. Recovery for damage caused by wilful and malicious conduct is limited to actual damages, not to exceed $25,000 per occurrence, plus reasonable and necessary attorney's fees, court costs, and expenses.

  3. Tex. Family Code Sec. 41.0025. LIABILITY FOR PROPERTY DAMAGE TO AN INN OR HOTEL.

  4. Tex. Family Code Sec. 41.003. VENUE. A suit as provided by this chapter may be filed in the county in which the conduct of the child occurred or in the county in which the defendant resides.

Chapter 42

  1. Tex. Family Code Sec. 42.001. DEFINITIONS. In this chapter:

  2. Tex. Family Code Sec. 42.002. LIABILITY FOR INTERFERENCE WITH POSSESSORY RIGHT.

  3. Tex. Family Code Sec. 42.003. AIDING OR ASSISTING INTERFERENCE WITH POSSESSORY RIGHT.

  4. Tex. Family Code Sec. 42.005. VENUE. A suit may be filed in a county in which:

  5. Tex. Family Code Sec. 42.006. DAMAGES.

  6. Tex. Family Code Sec. 42.007. AFFIRMATIVE DEFENSE. The defendant may plead as an affirmative defense that the defendant acted in violation of the order with the express consent of the plaintiff.

  7. Tex. Family Code Sec. 42.008. REMEDIES NOT AFFECTED. This chapter does not affect any other civil or criminal remedy available to any person, including the child, for interference with a possessory right, nor does it affect the power of a parent to represent the interest of a child in a suit filed on behalf of the child.

  8. Tex. Family Code Sec. 42.009. FRIVOLOUS SUIT. A person sued for damages as provided by this chapter is entitled to recover reasonable and necessary attorney's fees, court costs, and expenses if:

Chapter 45

  1. Tex. Family Code Sec. 45.001. WHO MAY FILE; VENUE. A parent, managing conservator, or guardian of a child may file a petition requesting a change of name of the child in the county where the child resides.

  2. Tex. Family Code Sec. 45.002. REQUIREMENTS OF PETITION.

  3. Tex. Family Code Sec. 45.003. CITATION.

  4. Tex. Family Code Sec. 45.0031. WAIVER OF CITATION.

  5. Tex. Family Code Sec. 45.004. ORDER.

  6. Tex. Family Code Sec. 45.005. LIABILITIES AND RIGHTS UNAFFECTED. A change of name does not:

  7. Tex. Family Code Sec. 45.101. WHO MAY FILE; VENUE. An adult may file a petition requesting a change of name in the county of the adult's place of residence.

  8. Tex. Family Code Sec. 45.102. REQUIREMENTS OF PETITION.

  9. Tex. Family Code Sec. 45.103. ORDER.

  10. Tex. Family Code Sec. 45.104. LIABILITIES AND RIGHTS UNAFFECTED. A change of name under this subchapter does not release a person from liability incurred in that person's previous name or defeat any right the person had in the person's previous name.

  11. Tex. Family Code Sec. 45.105. CHANGE OF NAME IN DIVORCE SUIT.

  12. Tex. Family Code Sec. 45.106. CHANGE OF NAME CERTIFICATE.

  13. Tex. Family Code Sec. 45.107. WAIVER OF CITATION.

Chapter 47

  1. Tex. Family Code Sec. 47.001. APPLICABILITY OF DEFINITIONS.

  2. Tex. Family Code Sec. 47.002. APPLICABILITY OF LAWS RELATING TO ATTORNEYS AD LITEM, GUARDIANS AD LITEM, AND AMICUS ATTORNEYS. Chapter 107 applies to the appointment of an attorney ad litem, guardian ad litem, or amicus attorney under this title.

  3. Tex. Family Code Sec. 47.003. USE OF DIGITIZED SIGNATURE.

Chapter 51

  1. Tex. Family Code Sec. 51.01. PURPOSE AND INTERPRETATION. This title shall be construed to effectuate the following public purposes:

  2. Tex. Family Code Sec. 51.02. DEFINITIONS. In this title:

  3. Tex. Family Code Sec. 51.03. DELINQUENT CONDUCT; CONDUCT INDICATING A NEED FOR SUPERVISION.

  4. Tex. Family Code Sec. 51.031. HABITUAL FELONY CONDUCT.

  5. Tex. Family Code Sec. 51.04. JURISDICTION.

  6. Tex. Family Code Sec. 51.041. JURISDICTION AFTER APPEAL.

  7. Tex. Family Code Sec. 51.0411. JURISDICTION FOR TRANSFER OR RELEASE HEARING. The court retains jurisdiction over a person, without regard to the age of the person, who is referred to the court under Section 54.11 for transfer to the Texas Department of Criminal Justice or release under supervision.

  8. Tex. Family Code Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS. The court retains jurisdiction over a person, without regard to the age of the person, who is a respondent in an adjudication proceeding, a disposition proceeding, a proceeding to modify disposition, a proceeding for waiver of jurisdiction and transfer to criminal court under Section 54.02(a), or a motion for transfer of determinate sentence probation to an appropriate district court if:

  9. Tex. Family Code Sec. 51.0413. JURISDICTION OVER AND TRANSFER OF COMBINATION OF PROCEEDINGS.

  10. Tex. Family Code Sec. 51.0414. DISCRETIONARY TRANSFER TO COMBINE PROCEEDINGS.

  11. Tex. Family Code Sec. 51.042. OBJECTION TO JURISDICTION BECAUSE OF AGE OF THE CHILD.

  12. Tex. Family Code Sec. 51.045. JURIES IN COUNTY COURTS AT LAW. If a provision of this title requires a jury of 12 persons, that provision prevails over any other law that limits the number of members of a jury in a particular county court at law. The state and the defense are entitled to the same number of peremptory challenges allowed in a district court.

  13. Tex. Family Code Sec. 51.05. COURT SESSIONS AND FACILITIES.

  14. Tex. Family Code Sec. 51.06. VENUE.

  15. Tex. Family Code Sec. 51.07. TRANSFER TO ANOTHER COUNTY FOR DISPOSITION.

  16. Tex. Family Code Sec. 51.071. TRANSFER OF PROBATION SUPERVISION BETWEEN COUNTIES: COURTESY SUPERVISION PROHIBITED. Except as provided by Section 51.075, a juvenile court or juvenile probation department may not engage in the practice of courtesy supervision of a child on probation.

  17. Tex. Family Code Sec. 51.072. TRANSFER OF PROBATION SUPERVISION BETWEEN COUNTIES: INTERIM SUPERVISION.

  18. Tex. Family Code Sec. 51.073. TRANSFER OF PROBATION SUPERVISION BETWEEN COUNTIES: PERMANENT SUPERVISION.

  19. Tex. Family Code Sec. 51.074. TRANSFER OF PROBATION SUPERVISION BETWEEN COUNTIES: DEFERRED PROSECUTION.

  20. Tex. Family Code Sec. 51.075. COLLABORATIVE SUPERVISION BETWEEN ADJOINING COUNTIES.

  21. Tex. Family Code Sec. 51.08. TRANSFER FROM CRIMINAL COURT.

  22. Tex. Family Code Sec. 51.09. WAIVER OF RIGHTS. Unless a contrary intent clearly appears elsewhere in this title, any right granted to a child by this title or by the constitution or laws of this state or the United States may be waived in proceedings under this title if:

  23. Tex. Family Code Sec. 51.095. ADMISSIBILITY OF A STATEMENT OF A CHILD.

  24. Tex. Family Code Sec. 51.10. RIGHT TO ASSISTANCE OF ATTORNEY; COMPENSATION.

  25. Tex. Family Code Sec. 51.101. APPOINTMENT OF ATTORNEY AND CONTINUATION OF REPRESENTATION.

  26. Tex. Family Code Sec. 51.102. APPOINTMENT OF COUNSEL PLAN.

  27. Tex. Family Code Sec. 51.11. GUARDIAN AD LITEM.

  28. Tex. Family Code Sec. 51.115. ATTENDANCE AT HEARING: PARENT OR OTHER GUARDIAN.

  29. Tex. Family Code Sec. 51.116. RIGHT TO REEMPLOYMENT.

  30. Tex. Family Code Sec. 51.12. PLACE AND CONDITIONS OF DETENTION.

  31. Tex. Family Code Sec. 51.125. POST-ADJUDICATION CORRECTIONAL FACILITIES.

  32. Tex. Family Code Sec. 51.126. NONSECURE CORRECTIONAL FACILITIES.

  33. Tex. Family Code Sec. 51.13. EFFECT OF ADJUDICATION OR DISPOSITION.

  34. Tex. Family Code Sec. 51.151. POLYGRAPH EXAMINATION. If a child is taken into custody under Section 52.01 of this code, a person may not administer a polygraph examination to the child without the consent of the child's attorney or the juvenile court unless the child is transferred to criminal court for prosecution under Section 54.02 of this code.

  35. Tex. Family Code Sec. 51.17. PROCEDURE AND EVIDENCE.

  36. Tex. Family Code Sec. 51.18. ELECTION BETWEEN JUVENILE COURT AND ALTERNATE JUVENILE COURT.

  37. Tex. Family Code Sec. 51.19. LIMITATION PERIODS.

  38. Tex. Family Code Sec. 51.20. PHYSICAL OR MENTAL EXAMINATION.

  39. Tex. Family Code Sec. 51.21. MENTAL HEALTH SCREENING AND REFERRAL.

Chapter 52

  1. Tex. Family Code Sec. 52.01. TAKING INTO CUSTODY; ISSUANCE OF WARNING NOTICE.

  2. Tex. Family Code Sec. 52.011. DUTY OF LAW ENFORCEMENT OFFICER TO NOTIFY PROBATE COURT.

  3. Tex. Family Code Sec. 52.015. DIRECTIVE TO APPREHEND.

  4. Tex. Family Code Sec. 52.0151. BENCH WARRANT; ATTACHMENT OF WITNESS IN CUSTODY.

  5. Tex. Family Code Sec. 52.02. RELEASE OR DELIVERY TO COURT.

  6. Tex. Family Code Sec. 52.025. DESIGNATION OF JUVENILE PROCESSING OFFICE.

  7. Tex. Family Code Sec. 52.026. RESPONSIBILITY FOR TRANSPORTING JUVENILE OFFENDERS.

  8. Tex. Family Code Sec. 52.03. DISPOSITION WITHOUT REFERRAL TO COURT.

  9. Tex. Family Code Sec. 52.031. FIRST OFFENDER PROGRAM.

  10. Tex. Family Code Sec. 52.032. INFORMAL DISPOSITION GUIDELINES.

  11. Tex. Family Code Sec. 52.04. REFERRAL TO JUVENILE COURT; NOTICE TO PARENTS.

  12. Tex. Family Code Sec. 52.041. REFERRAL OF CHILD TO JUVENILE COURT AFTER EXPULSION.

Chapter 53

  1. Tex. Family Code Sec. 53.01. PRELIMINARY INVESTIGATION AND DETERMINATIONS; NOTICE TO PARENTS.

  2. Tex. Family Code Sec. 53.011. SERVICES PROVIDED TO CERTAIN CHILDREN AND FAMILIES.

  3. Tex. Family Code Sec. 53.012. REVIEW BY PROSECUTOR.

  4. Tex. Family Code Sec. 53.013. PROGRESSIVE SANCTIONS PROGRAM. Each juvenile board may adopt a progressive sanctions program using the model for progressive sanctions in Chapter 59.

  5. Tex. Family Code Sec. 53.02. RELEASE FROM DETENTION.

  6. Tex. Family Code Sec. 53.03. DEFERRED PROSECUTION.

  7. Tex. Family Code Sec. 53.035. GRAND JURY REFERRAL.

  8. Tex. Family Code Sec. 53.04. COURT PETITION; ANSWER.

  9. Tex. Family Code Sec. 53.045. OFFENSES ELIGIBLE FOR DETERMINATE SENTENCE.

  10. Tex. Family Code Sec. 53.05. TIME SET FOR HEARING.

  11. Tex. Family Code Sec. 53.06. SUMMONS.

  12. Tex. Family Code Sec. 53.07. SERVICE OF SUMMONS.

  13. Tex. Family Code Sec. 53.08. WRIT OF ATTACHMENT.

Chapter 54

  1. Tex. Family Code Sec. 54.01. DETENTION HEARING.

  2. Tex. Family Code Sec. 54.011. DETENTION HEARINGS FOR STATUS OFFENDERS AND NONOFFENDERS; PENALTY.

  3. Tex. Family Code Sec. 54.012. REMOTE CONDUCT OF DETENTION HEARING.

  4. Tex. Family Code Sec. 54.02. WAIVER OF JURISDICTION AND DISCRETIONARY TRANSFER TO CRIMINAL COURT.

  5. Tex. Family Code Sec. 54.021. SERVICES PROVIDED TO CHILD IN DETENTION FACILITY PENDING CRIMINAL PROSECUTION.

  6. Tex. Family Code Sec. 54.03. ADJUDICATION HEARING.

  7. Tex. Family Code Sec. 54.031. HEARSAY STATEMENT OF CERTAIN ABUSE VICTIMS.

  8. Tex. Family Code Sec. 54.032. DEFERRAL OF ADJUDICATION AND DISMISSAL OF CERTAIN CASES ON COMPLETION OF TEEN COURT PROGRAM.

  9. Tex. Family Code Sec. 54.0325. DEFERRAL OF ADJUDICATION AND DISMISSAL OF CERTAIN CASES ON COMPLETION OF TEEN DATING VIOLENCE COURT PROGRAM.

  10. Tex. Family Code Sec. 54.0326. DEFERRAL OF ADJUDICATION AND DISMISSAL OF CERTAIN CASES ON COMPLETION OF TRAFFICKED PERSONS PROGRAM.

  11. Tex. Family Code Sec. 54.033. SEXUALLY TRANSMITTED DISEASE, AIDS, AND HIV TESTING.

  12. Tex. Family Code Sec. 54.034. LIMITED RIGHT TO APPEAL: WARNING. Before the court may accept a child's plea or stipulation of evidence in a proceeding held under this title, the court shall inform the child that if the court accepts the plea or stipulation and the court makes a disposition in accordance with the agreement between the state and the child regarding the disposition of the case, the child may not appeal an order of the court entered under Section 54.03, 54.04, or 54.05, unless:

  13. Tex. Family Code Sec. 54.04. DISPOSITION HEARING.

  14. Tex. Family Code Sec. 54.0401. COMMUNITY-BASED PROGRAMS.

  15. Tex. Family Code Sec. 54.04012. TRAFFICKED PERSONS PROGRAM.

  16. Tex. Family Code Sec. 54.04013. SPECIAL COMMITMENT TO TEXAS JUVENILE JUSTICE DEPARTMENT. Notwithstanding any other provision of this code, after a disposition hearing held in accordance with Section 54.04, the juvenile court may commit a child who is found to have engaged in delinquent conduct that constitutes a felony offense to the Texas Juvenile Justice Department without a determinate sentence if the court makes a special commitment finding that the child has behavioral health or other special needs that cannot be met with the resources available in the community. The court should consider the findings of a validated risk and needs assessment and the findings of any other appropriate professional assessment available to the court.

  17. Tex. Family Code Sec. 54.0404. ELECTRONIC TRANSMISSION OF CERTAIN VISUAL MATERIAL DEPICTING MINOR: EDUCATIONAL PROGRAMS.

  18. Tex. Family Code Sec. 54.0405. CHILD PLACED ON PROBATION FOR CONDUCT CONSTITUTING SEXUAL OFFENSE.

  19. Tex. Family Code Sec. 54.0406. CHILD PLACED ON PROBATION FOR CONDUCT INVOLVING A HANDGUN.

  20. Tex. Family Code Sec. 54.0407. CRUELTY TO ANIMALS: COUNSELING REQUIRED. If a child is found to have engaged in delinquent conduct constituting an offense under Section 42.09 or 42.092, Penal Code, the juvenile court shall order the child to participate in psychological counseling for a period to be determined by the court.

  21. Tex. Family Code Sec. 54.0408. REFERRAL OF CHILD EXITING PROBATION TO MENTAL HEALTH AUTHORITY OR INTELLECTUAL AND DEVELOPMENTAL DISABILITY AUTHORITY. A juvenile probation officer shall refer a child who has been determined to have a mental illness or an intellectual disability to an appropriate local mental health authority or local intellectual and developmental disability authority at least three months before the child is to complete the child's juvenile probation term unless the child is currently receiving treatment from the local mental health authority or local intellectual and developmental disability authority of the county in which the child resides.

  22. Tex. Family Code Sec. 54.0409. DNA SAMPLE REQUIRED ON CERTAIN FELONY ADJUDICATIONS.

  23. Tex. Family Code Sec. 54.041. ORDERS AFFECTING PARENTS AND OTHERS.

  24. Tex. Family Code Sec. 54.042. LICENSE SUSPENSION.

  25. Tex. Family Code Sec. 54.043. MONITORING SCHOOL ATTENDANCE. If the court places a child on probation under Section 54.04(d) and requires as a condition of probation that the child attend school, the probation officer charged with supervising the child shall monitor the child's school attendance and report to the court if the child is voluntarily absent from school.

  26. Tex. Family Code Sec. 54.044. COMMUNITY SERVICE.

  27. Tex. Family Code Sec. 54.045. ADMISSION OF UNADJUDICATED CONDUCT.

  28. Tex. Family Code Sec. 54.046. CONDITIONS OF PROBATION FOR DAMAGING PROPERTY WITH GRAFFITI.

  29. Tex. Family Code Sec. 54.047. ALCOHOL OR DRUG RELATED OFFENSE.

  30. Tex. Family Code Sec. 54.048. RESTITUTION.

  31. Tex. Family Code Sec. 54.0481. RESTITUTION FOR DAMAGING PROPERTY WITH GRAFFITI.

  32. Tex. Family Code Sec. 54.0482. TREATMENT OF RESTITUTION PAYMENTS.

  33. Tex. Family Code Sec. 54.049. CONDITIONS OF PROBATION FOR DESECRATING A CEMETERY OR ABUSING A CORPSE.

  34. Tex. Family Code Sec. 54.0491. GANG-RELATED CONDUCT.

  35. Tex. Family Code Sec. 54.05. HEARING TO MODIFY DISPOSITION.

  36. Tex. Family Code Sec. 54.051. TRANSFER OF DETERMINATE SENTENCE PROBATION TO APPROPRIATE DISTRICT COURT.

  37. Tex. Family Code Sec. 54.052. CREDIT FOR TIME SPENT IN DETENTION FACILITY FOR CHILD WITH DETERMINATE SENTENCE.

  38. Tex. Family Code Sec. 54.07. ENFORCEMENT OF ORDER.

  39. Tex. Family Code Sec. 54.08. PUBLIC ACCESS TO COURT HEARINGS.

  40. Tex. Family Code Sec. 54.09. RECORDING OF PROCEEDINGS. All judicial proceedings under this chapter except detention hearings shall be recorded by stenographic notes or by electronic, mechanical, or other appropriate means. Upon request of any party, a detention hearing shall be recorded.

  41. Tex. Family Code Sec. 54.10. HEARINGS BEFORE REFEREE.

  42. Tex. Family Code Sec. 54.11. RELEASE OR TRANSFER HEARING.

Chapter 55

  1. Tex. Family Code Sec. 55.01. DEFINITIONS. In this chapter:

  2. Tex. Family Code Sec. 55.02. MENTAL HEALTH AND INTELLECTUAL DISABILITY JURISDICTION. For the purpose of initiating proceedings to order mental health or intellectual disability services for a child as provided by this chapter, the juvenile court has jurisdiction of proceedings under Subtitle C or D, Title 7, Health and Safety Code.

  3. Tex. Family Code Sec. 55.03. STANDARDS OF CARE.

  4. Tex. Family Code Sec. 55.04. FORENSIC MENTAL EXAMINATION.

  5. Tex. Family Code Sec. 55.05. CRITERIA FOR COURT-ORDERED MENTAL HEALTH SERVICES FOR CHILD.

  6. Tex. Family Code Sec. 55.06. CRITERIA FOR COURT-ORDERED RESIDENTIAL INTELLECTUAL DISABILITY SERVICES FOR CHILD. A child may not be court-ordered to receive services at a residential care facility unless:

  7. Tex. Family Code Sec. 55.11. MENTAL ILLNESS DETERMINATION; EXAMINATION.

  8. Tex. Family Code Sec. 55.12. INITIATION OF PROCEEDINGS FOR COURT-ORDERED MENTAL HEALTH SERVICES. If, after considering all relevant information, the juvenile court determines that evidence exists to support a finding that a child is a child with mental illness and that the child meets the criteria for court-ordered mental health services under Section 55.05, the court shall:

  9. Tex. Family Code Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER FOR MENTAL HEALTH SERVICES. Treatment ordered under this subchapter for a child with mental illness must focus on the stabilization of the child's mental illness and on meeting the child's psychiatric needs in the least restrictive appropriate setting. If the juvenile court or a court to which the child's case is referred under Section 55.12(2) orders mental health services for the child, the child shall be cared for, treated, and released in conformity to Subtitle C, Title 7, Health and Safety Code, except:

  10. Tex. Family Code Sec. 55.16. ORDER FOR MENTAL HEALTH SERVICES; STAY OF PROCEEDINGS.

  11. Tex. Family Code Sec. 55.17. MENTAL HEALTH SERVICES NOT ORDERED; DISSOLUTION OF STAY.

  12. Tex. Family Code Sec. 55.18. DISCHARGE FROM COURT-ORDERED INPATIENT OR OUTPATIENT MENTAL HEALTH SERVICES BEFORE REACHING 18 YEARS OF AGE. If the child is discharged from the mental health facility or from outpatient treatment services before reaching 18 years of age, the juvenile court may:

  13. Tex. Family Code Sec. 55.19. DISCRETIONARY TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY.

  14. Tex. Family Code Sec. 55.31. UNFITNESS TO PROCEED DETERMINATION; EXAMINATION.

  15. Tex. Family Code Sec. 55.32. HEARING ON ISSUE OF FITNESS TO PROCEED.

  16. Tex. Family Code Sec. 55.33. PROCEEDINGS FOLLOWING FINDING OF UNFITNESS TO PROCEED.

  17. Tex. Family Code Sec. 55.34. TRANSPORTATION TO AND FROM FACILITY.

  18. Tex. Family Code Sec. 55.35. INFORMATION REQUIRED TO BE SENT TO FACILITY OR ALTERNATIVE SETTING; REPORT TO COURT.

  19. Tex. Family Code Sec. 55.36. REPORT THAT CHILD IS FIT TO PROCEED; HEARING ON OBJECTION.

  20. Tex. Family Code Sec. 55.37. REPORT THAT CHILD IS UNFIT TO PROCEED AS A RESULT OF MENTAL ILLNESS; INITIATION OF PROCEEDINGS FOR COURT-ORDERED MENTAL HEALTH SERVICES. If a report submitted under Section 55.35(b) states that a child is unfit to proceed as a result of mental illness and that the child meets the criteria for court-ordered mental health services under Section 55.05, the director of the public or private facility or outpatient alternative setting, as appropriate, shall submit to the court two certificates of medical examination for mental illness, as described by Subchapter A, Chapter 574, Health and Safety Code. On receipt of the certificates, the court shall:

  21. Tex. Family Code Sec. 55.40. REPORT THAT CHILD IS UNFIT TO PROCEED AS A RESULT OF INTELLECTUAL DISABILITY. If a report submitted under Section 55.35(b) states that a child is unfit to proceed as a result of an intellectual disability and that the child meets the criteria for court-ordered residential intellectual disability services under Section 55.06, the director of the residential care facility or alternative setting shall submit to the court an affidavit stating the conclusions reached as a result of the diagnosis. On receipt of the affidavit, the court shall:

  22. Tex. Family Code Sec. 55.43. RESTORATION HEARING.

  23. Tex. Family Code Sec. 55.44. DISCRETIONARY TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY OF CHILD.

  24. Tex. Family Code Sec. 55.45. STANDARDS OF CARE; NOTICE OF RELEASE OR FURLOUGH.

  25. Tex. Family Code Sec. 55.51. LACK OF RESPONSIBILITY FOR CONDUCT DETERMINATION; EXAMINATION.

  26. Tex. Family Code Sec. 55.52. PROCEEDINGS FOLLOWING FINDING OF LACK OF RESPONSIBILITY FOR CONDUCT.

  27. Tex. Family Code Sec. 55.53. TRANSPORTATION TO AND FROM FACILITY.

  28. Tex. Family Code Sec. 55.54. INFORMATION REQUIRED TO BE SENT TO FACILITY OR ALTERNATIVE SETTING; REPORT TO COURT.

  29. Tex. Family Code Sec. 55.55. REPORT THAT CHILD DOES NOT HAVE MENTAL ILLNESS OR INTELLECTUAL DISABILITY; HEARING ON OBJECTION.

  30. Tex. Family Code Sec. 55.56. REPORT THAT CHILD HAS MENTAL ILLNESS; INITIATION OF PROCEEDINGS FOR COURT-ORDERED MENTAL HEALTH SERVICES. If a report submitted under Section 55.54(b) states that a child is a child with mental illness and that the child meets the criteria for court-ordered mental health services under Section 55.05, the director of the public or private facility or alternative setting, as appropriate, shall submit to the court two certificates of medical examination for mental illness, as described by Subchapter A, Chapter 574, Health and Safety Code. On receipt of the certificates, the court shall:

  31. Tex. Family Code Sec. 55.59. REPORT THAT CHILD HAS INTELLECTUAL DISABILITY; INITIATION OF PROCEEDINGS FOR COURT-ORDERED RESIDENTIAL INTELLECTUAL DISABILITY SERVICES. If a report submitted under Section 55.54(b) states that a child is a child with an intellectual disability and that the child meets the criteria for court-ordered residential intellectual disability services under Section 55.06, the director of the residential care facility or alternative setting shall submit to the court an affidavit stating the conclusions reached as a result of the diagnosis. On receipt of an affidavit, the juvenile court shall:

  32. Tex. Family Code Sec. 55.65. PROCEEDINGS IN JUVENILE COURT FOR CHILD WITH MENTAL ILLNESS.

  33. Tex. Family Code Sec. 55.66. PROCEEDINGS IN JUVENILE COURT FOR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY FOR CONDUCT DUE TO MENTAL ILLNESS.

  34. Tex. Family Code Sec. 55.67. PROCEEDINGS IN JUVENILE COURT FOR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY FOR CONDUCT DUE TO INTELLECTUAL DISABILITY.

  35. Tex. Family Code Sec. 55.68. REFERRAL FOR PROCEEDINGS FOR CHILD WITH MENTAL ILLNESS OR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY FOR CONDUCT DUE TO MENTAL ILLNESS OR INTELLECTUAL DISABILITY.

Chapter 56

  1. Tex. Family Code Sec. 56.01. RIGHT TO APPEAL.

  2. Tex. Family Code Sec. 56.02. TRANSCRIPT ON APPEAL.

  3. Tex. Family Code Sec. 56.03. APPEAL BY STATE IN CASES OF OFFENSES ELIGIBLE FOR DETERMINATE SENTENCE.

Chapter 57

  1. Tex. Family Code Sec. 57.001. DEFINITIONS. In this chapter:

  2. Tex. Family Code Sec. 57.002. VICTIM'S RIGHTS.

  3. Tex. Family Code Sec. 57.003. DUTIES OF JUVENILE BOARD AND VICTIM ASSISTANCE COORDINATOR.

  4. Tex. Family Code Sec. 57.0031. NOTIFICATION OF RIGHTS OF VICTIMS OF JUVENILES. At the initial contact or at the earliest possible time after the initial contact between the victim of a reported crime and the juvenile probation office having the responsibility for the disposition of the juvenile, the office shall provide the victim a written notice:

  5. Tex. Family Code Sec. 57.004. NOTIFICATION. A court, a person appointed by the court, or the Texas Juvenile Justice Department is responsible for notifying a victim, guardian of a victim, or close relative of a deceased victim of a proceeding under this chapter only if the victim, guardian of a victim, or close relative of a deceased victim requests the notification in writing and provides a current address to which the notification is to be sent.

  6. Tex. Family Code Sec. 57.005. LIABILITY. The Texas Juvenile Justice Department, a juvenile board, a court, a person appointed by a court, an attorney for the state, a peace officer, or a law enforcement agency is not liable for a failure or inability to provide a right listed under Section 57.002.

  7. Tex. Family Code Sec. 57.006. APPEAL. The failure or inability of any person to provide a right or service listed under Section 57.002 of this code may not be used by a child as a ground for appeal or for a post conviction writ of habeas corpus.

  8. Tex. Family Code Sec. 57.007. STANDING. A victim, guardian of a victim, or close relative of a victim does not have standing to participate as a party in a juvenile proceeding or to contest the disposition of any case.

  9. Tex. Family Code Sec. 57.008. COURT ORDER FOR PROTECTION FROM JUVENILES.

Chapter 58

  1. Tex. Family Code Sec. 58.001. LAW ENFORCEMENT COLLECTION AND TRANSMITTAL OF RECORDS OF CHILDREN.

  2. Tex. Family Code Sec. 58.002. PHOTOGRAPHS AND FINGERPRINTS OF CHILDREN.

  3. Tex. Family Code Sec. 58.0021. FINGERPRINTS OR PHOTOGRAPHS FOR COMPARISON IN INVESTIGATION.

  4. Tex. Family Code Sec. 58.0022. FINGERPRINTS OR PHOTOGRAPHS TO IDENTIFY RUNAWAYS. A law enforcement officer who takes a child into custody with probable cause to believe that the child has engaged in conduct indicating a need for supervision as described by Section 51.03(b)(2) and who after reasonable effort is unable to determine the identity of the child, may fingerprint or photograph the child to establish the child's identity. On determination of the child's identity or that the child cannot be identified by the fingerprints or photographs, the law enforcement officer shall immediately destroy all copies of the fingerprint records or photographs of the child.

  5. Tex. Family Code Sec. 58.004. REDACTION OF VICTIM'S PERSONALLY IDENTIFIABLE INFORMATION.

  6. Tex. Family Code Sec. 58.005. CONFIDENTIALITY OF FACILITY RECORDS.

  7. Tex. Family Code Sec. 58.0051. INTERAGENCY SHARING OF EDUCATIONAL RECORDS.

  8. Tex. Family Code Sec. 58.0052. INTERAGENCY SHARING OF CERTAIN NONEDUCATIONAL RECORDS.

  9. Tex. Family Code Sec. 58.007. CONFIDENTIALITY OF PROBATION DEPARTMENT, PROSECUTOR, AND COURT RECORDS.

  10. Tex. Family Code Sec. 58.008. CONFIDENTIALITY OF LAW ENFORCEMENT RECORDS.

  11. Tex. Family Code Sec. 58.009. DISSEMINATION OF JUVENILE JUSTICE INFORMATION BY THE TEXAS JUVENILE JUSTICE DEPARTMENT.

  12. Tex. Family Code Sec. 58.010. CONFIDENTIALITY OF WARRANTS OF ARREST. Notwithstanding Article 15.26, Code of Criminal Procedure, an arrest warrant issued for a child and a complaint or affidavit on which an arrest warrant issued for a child is based are confidential and may be disclosed only to the following:

  13. Tex. Family Code Sec. 58.101. DEFINITIONS. In this subchapter:

  14. Tex. Family Code Sec. 58.102. JUVENILE JUSTICE INFORMATION SYSTEM.

  15. Tex. Family Code Sec. 58.103. PURPOSE OF SYSTEM. The purpose of the juvenile justice information system is to:

  16. Tex. Family Code Sec. 58.104. TYPES OF INFORMATION COLLECTED.

  17. Tex. Family Code Sec. 58.105. DUTIES OF JUVENILE BOARD. Each juvenile board shall provide for:

  18. Tex. Family Code Sec. 58.106. DISSEMINATION OF CONFIDENTIAL INFORMATION IN JUVENILE JUSTICE INFORMATION SYSTEM.

  19. Tex. Family Code Sec. 58.107. COMPATIBILITY OF DATA. Data supplied to the juvenile justice information system must be compatible with the system and must contain both incident numbers and state identification numbers.

  20. Tex. Family Code Sec. 58.108. DUTIES OF AGENCIES AND COURTS.

  21. Tex. Family Code Sec. 58.109. UNIFORM INCIDENT FINGERPRINT CARD.

  22. Tex. Family Code Sec. 58.110. REPORTING.

  23. Tex. Family Code Sec. 58.111. LOCAL DATA ADVISORY BOARDS. The commissioners court of each county may create a local data advisory board to perform the same duties relating to the juvenile justice information system as the duties performed by a local data advisory board in relation to the criminal history record system under Article 66.354, Code of Criminal Procedure.

  24. Tex. Family Code Sec. 58.113. WARRANTS. The department shall maintain in a computerized database that is accessible by the same entities that may access the juvenile justice information system information relating to a warrant of arrest, as that term is defined by Article 15.01, Code of Criminal Procedure, or a directive to apprehend under Section 52.015 for any child, without regard to whether the child has been taken into custody.

  25. Tex. Family Code Sec. 58.251. DEFINITIONS. In this subchapter:

  26. Tex. Family Code Sec. 58.252. EXEMPTED RECORDS. The following records are exempt from this subchapter:

  27. Tex. Family Code Sec. 58.253. SEALING RECORDS WITHOUT APPLICATION: DELINQUENT CONDUCT.

  28. Tex. Family Code Sec. 58.254. CERTIFICATION OF ELIGIBILITY FOR SEALING RECORDS WITHOUT APPLICATION FOR DELINQUENT CONDUCT.

  29. Tex. Family Code Sec. 58.255. SEALING RECORDS WITHOUT APPLICATION: CONDUCT INDICATING NEED FOR SUPERVISION.

  30. Tex. Family Code Sec. 58.2551. SEALING RECORDS WITHOUT APPLICATION: FINDING OF NOT TRUE. A juvenile court, on the court's own motion and without a hearing, shall immediately order the sealing of all records related to the alleged conduct if the court enters a finding that the allegations are not true.

  31. Tex. Family Code Sec. 58.256. APPLICATION FOR SEALING RECORDS.

  32. Tex. Family Code Sec. 58.257. HEARING REGARDING SEALING OF RECORDS.

  33. Tex. Family Code Sec. 58.258. ORDER SEALING RECORDS.

  34. Tex. Family Code Sec. 58.259. ACTIONS TAKEN ON RECEIPT OF ORDER TO SEAL RECORDS.

  35. Tex. Family Code Sec. 58.260. INSPECTION AND RELEASE OF SEALED RECORDS.

  36. Tex. Family Code Sec. 58.261. EFFECT OF SEALING RECORDS.

  37. Tex. Family Code Sec. 58.262. INFORMATION GIVEN TO CHILD REGARDING SEALING OF RECORDS.

  38. Tex. Family Code Sec. 58.263. DESTRUCTION OF RECORDS: NO PROBABLE CAUSE. The court shall order the destruction of the records relating to the conduct for which a child is taken into custody or referred to juvenile court without being taken into custody, including records contained in the juvenile justice information system, if:

  39. Tex. Family Code Sec. 58.264. PERMISSIBLE DESTRUCTION OF RECORDS.

  40. Tex. Family Code Sec. 58.265. JUVENILE RECORDS NOT SUBJECT TO EXPUNCTION. Records to which this chapter applies are not subject to an order of expunction issued by any court.

  41. Tex. Family Code Sec. 58.301. DEFINITIONS. In this subchapter:

  42. Tex. Family Code Sec. 58.302. PURPOSES OF SYSTEM. The purposes of a local juvenile justice information system are to:

  43. Tex. Family Code Sec. 58.303. LOCAL JUVENILE JUSTICE INFORMATION SYSTEM.

  44. Tex. Family Code Sec. 58.304. TYPES OF INFORMATION CONTAINED IN A LOCAL JUVENILE INFORMATION SYSTEM.

  45. Tex. Family Code Sec. 58.305. PARTNER AGENCIES.

  46. Tex. Family Code Sec. 58.306. ACCESS TO INFORMATION; LEVELS.

  47. Tex. Family Code Sec. 58.307. CONFIDENTIALITY OF INFORMATION.

  48. Tex. Family Code Sec. 58.351. APPLICABILITY. This subchapter applies only to a county with a population of 600,000 or more.

  49. Tex. Family Code Sec. 58.352. INFORMATION POSTED ON COUNTY WEBSITE.

  50. Tex. Family Code Sec. 58.353. CONFIDENTIALITY. A record posted on a county Internet website under this subchapter may not include any information that personally identifies a child.

  51. Tex. Family Code Sec. 58.401. DEFINITIONS. In this subchapter:

  52. Tex. Family Code Sec. 58.402. PURPOSES OF SYSTEM. The purposes of the system are to:

  53. Tex. Family Code Sec. 58.403. JUVENILE INFORMATION SYSTEM.

  54. Tex. Family Code Sec. 58.404. INFORMATION COLLECTED BY DEPARTMENT. The department may collect and maintain all information related to juvenile offenders and all offenses committed by a juvenile offender, including all information collected and maintained under Subchapters B and D.

  55. Tex. Family Code Sec. 58.405. AUTHORITY CUMULATIVE. The authority granted by this subchapter is cumulative of all other authority granted by this chapter to a county, the department, or a juvenile justice agency and nothing in this subchapter limits the authority of a county, the department, or a juvenile justice agency under this chapter to create an information system or to share information related to a juvenile.

Chapter 59

  1. Tex. Family Code Sec. 59.001. PURPOSES. The purposes of the progressive sanctions model are to:

  2. Tex. Family Code Sec. 59.002. SANCTION LEVEL ASSIGNMENT BY PROBATION DEPARTMENT.

  3. Tex. Family Code Sec. 59.003. SANCTION LEVEL ASSIGNMENT MODEL.

  4. Tex. Family Code Sec. 59.004. SANCTION LEVEL ONE.

  5. Tex. Family Code Sec. 59.005. SANCTION LEVEL TWO.

  6. Tex. Family Code Sec. 59.006. SANCTION LEVEL THREE.

  7. Tex. Family Code Sec. 59.007. SANCTION LEVEL FOUR.

  8. Tex. Family Code Sec. 59.008. SANCTION LEVEL FIVE.

  9. Tex. Family Code Sec. 59.009. SANCTION LEVEL SIX.

  10. Tex. Family Code Sec. 59.010. SANCTION LEVEL SEVEN.

  11. Tex. Family Code Sec. 59.011. DUTY OF JUVENILE BOARD. A juvenile board shall require the juvenile probation department to report progressive sanction data electronically to the Texas Juvenile Justice Department in the format and time frames specified by the Texas Juvenile Justice Department.

  12. Tex. Family Code Sec. 59.013. LIABILITY. The Texas Juvenile Justice Department, a juvenile board, a court, a person appointed by a court, an attorney for the state, a peace officer, or a law enforcement agency is not liable for a failure or inability to provide a service listed under Sections 59.004-59.010.

  13. Tex. Family Code Sec. 59.014. APPEAL. A child may not bring an appeal or a postconviction writ of habeas corpus based on:

  14. Tex. Family Code Sec. 59.015. WAIVER OF SANCTIONS ON PARENTS OR GUARDIANS. On a finding by the juvenile court or probation department that a child's parents or guardians have made a reasonable good faith effort to prevent the child from engaging in delinquent conduct or engaging in conduct indicating a need for supervision and that, despite the parents' or guardians' efforts, the child continues to engage in such conduct, the court or probation department shall waive any sanction that may be imposed on the parents or guardians at any sanction level.

Chapter 60

  1. Tex. Family Code Sec. 60.001. DEFINITIONS. In this chapter:

  2. Tex. Family Code Sec. 60.005. JUVENILE COMPACT ADMINISTRATOR. Under the compact, the governor may designate an officer as the compact administrator. The administrator, acting jointly with like officers of other party states, shall adopt regulations to carry out more effectively the terms of the compact. The compact administrator serves at the pleasure of the governor. The compact administrator shall cooperate with all departments, agencies, and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of a supplementary agreement entered into by this state.

  3. Tex. Family Code Sec. 60.006. SUPPLEMENTARY AGREEMENTS. A compact administrator may make supplementary agreements with appropriate officials of other states pursuant to the compact. If a supplementary agreement requires or contemplates the use of an institution or facility of this state or requires or contemplates the provision of a service of this state, the supplementary agreement has no force or effect until approved by the head of the department or agency under whose jurisdiction the institution is operated, or whose department or agency is charged with performing the service.

  4. Tex. Family Code Sec. 60.007. FINANCIAL ARRANGEMENTS. The compact administrator may make or arrange for the payments necessary to discharge the financial obligations imposed upon this state by the compact or by a supplementary agreement made under the compact, subject to legislative appropriations.

  5. Tex. Family Code Sec. 60.008. ENFORCEMENT. The courts, departments, agencies, and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to effectuate its purposes and intent which are within their respective jurisdictions.

  6. Tex. Family Code Sec. 60.009. ADDITIONAL PROCEDURES NOT PRECLUDED. In addition to any procedures developed under the compact for the return of a runaway juvenile, the particular states, the juvenile, or his parents, the courts, or other legal custodian involved may agree upon and adopt any plan or procedure legally authorized under the laws of this state and the other respective party states for the return of the runaway juvenile.

  7. ARTICLE I

  8. ARTICLE II

  9. ARTICLE III

  10. ARTICLE IV

  11. ARTICLE IX

  12. ARTICLE V

  13. ARTICLE VI

  14. ARTICLE VII

  15. ARTICLE VIII

  16. ARTICLE X

  17. ARTICLE XI

  18. ARTICLE XII

  19. Sec. A. Bylaws

  20. Sec. A. Other Laws

  21. Sec. A. Oversight

  22. Sec. A. Withdrawal

  23. Sec. B. Binding Effect of the Compact

  24. Sec. B. Dispute Resolution

  25. Sec. B. Officers and Staff

  26. Sec. B. Technical Assistance, Fines, Suspension, Termination, and Default

  27. Sec. C. Judicial Enforcement

  28. Sec. C. Qualified Immunity, Defense, and Indemnification

  29. Sec. D. Dissolution of Compact

  30. Tex. Family Code Sec. 60.010. INTERSTATE COMPACT FOR JUVENILES

  31. Tex. Family Code Sec. 60.011. EFFECT OF TEXAS LAWS. If the laws of this state conflict with the compact, the compact controls, except that in the event of a conflict between the compact and the Texas Constitution, as determined by the courts of this state, the Texas Constitution controls.

  32. Tex. Family Code Sec. 60.012. LIABILITIES FOR CERTAIN COMMISSION AGENTS. The compact administrator and each member, officer, executive director, employee, or agent of the commission acting within the scope of the person's employment or duties is, for the purpose of acts or omissions occurring within this state, entitled to the same protections under Chapter 104, Civil Practice and Remedies Code, as an employee, a member of the governing board, or any other officer of a state agency, institution, or department.

Chapter 61

  1. Tex. Family Code Sec. 61.001. DEFINITIONS. In this chapter:

  2. Tex. Family Code Sec. 61.002. APPLICABILITY. This chapter applies to a proceeding to enter a juvenile court order:

  3. Tex. Family Code Sec. 61.003. ENTRY OF JUVENILE COURT ORDER AGAINST PARENT OR OTHER ELIGIBLE PERSON.

  4. Tex. Family Code Sec. 61.0031. TRANSFER OF ORDER AFFECTING PARENT OR OTHER ELIGIBLE PERSON TO COUNTY OF CHILD'S RESIDENCE.

  5. Tex. Family Code Sec. 61.004. APPEAL.

  6. Tex. Family Code Sec. 61.051. MOTION FOR ENFORCEMENT.

  7. Tex. Family Code Sec. 61.052. NOTICE AND APPEARANCE.

  8. Tex. Family Code Sec. 61.053. ATTORNEY FOR THE PERSON.

  9. Tex. Family Code Sec. 61.054. COMPENSATION OF APPOINTED ATTORNEY.

  10. Tex. Family Code Sec. 61.055. CONDUCT OF ENFORCEMENT HEARING.

  11. Tex. Family Code Sec. 61.056. AFFIRMATIVE DEFENSE OF INABILITY TO PAY.

  12. Tex. Family Code Sec. 61.057. PUNISHMENT FOR CONTEMPT.

  13. Tex. Family Code Sec. 61.101. DEFINITION. In this subchapter, "parent" includes the guardian or custodian of a child.

  14. Tex. Family Code Sec. 61.102. RIGHT TO BE INFORMED OF PROCEEDING.

  15. Tex. Family Code Sec. 61.103. RIGHT OF ACCESS TO CHILD.

  16. Tex. Family Code Sec. 61.104. PARENTAL WRITTEN STATEMENT.

  17. Tex. Family Code Sec. 61.105. PARENTAL ORAL STATEMENT.

  18. Tex. Family Code Sec. 61.106. APPEAL OR COLLATERAL CHALLENGE. The failure or inability of a person to perform an act or to provide a right or service listed under this subchapter may not be used by the child or any party as a ground for:

  19. Tex. Family Code Sec. 61.107. LIABILITY. The Texas Juvenile Justice Department, a juvenile board, a court, a person appointed by the court, an employee of a juvenile probation department, an attorney for the state, a peace officer, or a law enforcement agency is not liable for a failure or inability to provide a right listed in this chapter.

Chapter 65

  1. Tex. Family Code Sec. 65.001. SCOPE AND PURPOSE.

  2. Tex. Family Code Sec. 65.002. DEFINITIONS. In this chapter:

  3. Tex. Family Code Sec. 65.003. TRUANT CONDUCT.

  4. Tex. Family Code Sec. 65.004. TRUANCY COURTS; JURISDICTION.

  5. Tex. Family Code Sec. 65.005. COURT SESSIONS. A truancy court is considered to be in session at all times.

  6. Tex. Family Code Sec. 65.006. VENUE. Venue for a proceeding under this chapter is the county in which the school in which the child is enrolled is located or the county in which the child resides.

  7. Tex. Family Code Sec. 65.007. RIGHT TO JURY TRIAL.

  8. Tex. Family Code Sec. 65.008. WAIVER OF RIGHTS. A right granted to a child by this chapter or by the constitution or laws of this state or the United States is waived in proceedings under this chapter if:

  9. Tex. Family Code Sec. 65.009. EFFECT OF ADJUDICATION.

  10. Tex. Family Code Sec. 65.010. BURDEN OF PROOF. A court or jury may not return a finding that a child has engaged in truant conduct unless the state has proved the conduct beyond a reasonable doubt.

  11. Tex. Family Code Sec. 65.011. APPLICABLE STATUTES REGARDING DISCOVERY. Discovery in a proceeding under this chapter is governed by Chapter 39, Code of Criminal Procedure, other than Articles 39.14(i) and (j).

  12. Tex. Family Code Sec. 65.012. PROCEDURAL RULES. The supreme court may promulgate rules of procedure applicable to proceedings under this chapter, including guidelines applicable to the informal disposition of truancy cases.

  13. Tex. Family Code Sec. 65.013. INTERPRETERS.

  14. Tex. Family Code Sec. 65.014. SIGNATURES. Any requirement under this chapter that a document be signed or that a document contain a person's signature, including the signature of a judge or a clerk of the court, is satisfied if the document contains the signature of the person as captured on an electronic device or as a digital signature.

  15. Tex. Family Code Sec. 65.015. PUBLIC ACCESS TO COURT HEARINGS.

  16. Tex. Family Code Sec. 65.016. RECORDING OF PROCEEDINGS.

  17. Tex. Family Code Sec. 65.017. JUVENILE CASE MANAGERS. A truancy court may employ a juvenile case manager in accordance with Article 45A.451, Code of Criminal Procedure, to provide services to children who have been referred to the truancy court or who are in jeopardy of being referred to the truancy court.

  18. Tex. Family Code Sec. 65.051. INITIAL REFERRAL TO TRUANCY COURT. When a truancy court receives a referral under Section 25.0915, Education Code, and the court is not required to dismiss the referral under that section, the court shall forward the referral to a truant conduct prosecutor who serves the court.

  19. Tex. Family Code Sec. 65.052. TRUANT CONDUCT PROSECUTOR. In a justice or municipal court or a constitutional county court that is designated as a truancy court, the attorney who represents the state in criminal matters in that court shall serve as the truant conduct prosecutor.

  20. Tex. Family Code Sec. 65.053. REVIEW BY PROSECUTOR.

  21. Tex. Family Code Sec. 65.054. STATE'S PETITION.

  22. Tex. Family Code Sec. 65.055. LIMITATIONS PERIOD. A petition may not be filed after the 45th day after the date of the last absence giving rise to the act of truant conduct.

  23. Tex. Family Code Sec. 65.056. HEARING DATE.

  24. Tex. Family Code Sec. 65.057. SUMMONS.

  25. Tex. Family Code Sec. 65.058. SERVICE OF SUMMONS.

  26. Tex. Family Code Sec. 65.059. REPRESENTATION BY ATTORNEY.

  27. Tex. Family Code Sec. 65.060. CHILD'S ANSWER. After the petition has been filed, the child may answer, orally or in writing, the petition at or before the commencement of the hearing. If the child does not answer, a general denial of the alleged truant conduct is assumed.

  28. Tex. Family Code Sec. 65.061. GUARDIAN AD LITEM.

  29. Tex. Family Code Sec. 65.062. ATTENDANCE AT HEARING.

  30. Tex. Family Code Sec. 65.063. RIGHT TO REEMPLOYMENT.

  31. Tex. Family Code Sec. 65.064. SUBPOENA OF WITNESS. A witness may be subpoenaed in accordance with the procedures for the subpoena of a witness under the Code of Criminal Procedure.

  32. Tex. Family Code Sec. 65.065. CHILD ALLEGED TO BE MENTALLY ILL.

  33. Tex. Family Code Sec. 65.101. ADJUDICATION HEARING; JUDGMENT.

  34. Tex. Family Code Sec. 65.102. REMEDIAL ACTIONS.

  35. Tex. Family Code Sec. 65.103. REMEDIAL ORDER.

  36. Tex. Family Code Sec. 65.104. MAXIMUM TIME REMEDIAL ORDER IS EFFECTIVE. A truancy court's remedial order under Section 65.103 is effective until the later of:

  37. Tex. Family Code Sec. 65.105. ORDERS AFFECTING PARENTS AND OTHERS.

  38. Tex. Family Code Sec. 65.106. LIABILITY FOR CLAIMS ARISING FROM COMMUNITY SERVICE.

  39. Tex. Family Code Sec. 65.107. COURT COST.

  40. Tex. Family Code Sec. 65.108. HEARING TO MODIFY REMEDY.

  41. Tex. Family Code Sec. 65.109. MOTION FOR NEW TRIAL. The order of a truancy court may be challenged by filing a motion for new trial. Rules 505.3(c) and (e), Texas Rules of Civil Procedure, apply to a motion for new trial.

  42. Tex. Family Code Sec. 65.151. RIGHT TO APPEAL.

  43. Tex. Family Code Sec. 65.152. GOVERNING LAW. Rule 506, Texas Rules of Civil Procedure, applies to the appeal of an order of a truancy court to a juvenile court in the same manner as the rule applies to an appeal of a judgment of a justice court to a county court, except an appeal bond is not required.

  44. Tex. Family Code Sec. 65.153. COUNSEL ON APPEAL.

  45. Tex. Family Code Sec. 65.201. SEALING OF RECORDS.

  46. Tex. Family Code Sec. 65.202. CONFIDENTIALITY OF RECORDS. Records and files created under this chapter may be disclosed only to:

  47. Tex. Family Code Sec. 65.203. DESTRUCTION OF CERTAIN RECORDS. A truancy court shall order the destruction of records relating to allegations of truant conduct that are held by the court or by the prosecutor if a prosecutor decides not to file a petition for an adjudication of truant conduct after a review of the referral under Section 65.053.

  48. Tex. Family Code Sec. 65.251. FAILURE TO OBEY TRUANCY COURT ORDER; CHILD IN CONTEMPT OF COURT.

  49. Tex. Family Code Sec. 65.252. PROCEEDINGS IN JUVENILE COURT.

  50. Tex. Family Code Sec. 65.253. PARENT OR OTHER PERSON IN CONTEMPT OF COURT.

  51. Tex. Family Code Sec. 65.254. WRIT OF ATTACHMENT. A truancy court may issue a writ of attachment for a person who violates an order entered under Section 65.057(c). The writ of attachment is executed in the same manner as in a criminal proceeding as provided by Chapter 24, Code of Criminal Procedure.

  52. Tex. Family Code Sec. 65.255. ENTRY OF TRUANCY COURT ORDER AGAINST PARENT OR OTHER ELIGIBLE PERSON.

  53. Tex. Family Code Sec. 65.256. APPEAL.

  54. Tex. Family Code Sec. 65.257. MOTION FOR ENFORCEMENT.

  55. Tex. Family Code Sec. 65.258. NOTICE AND APPEARANCE.

  56. Tex. Family Code Sec. 65.259. CONDUCT OF ENFORCEMENT HEARING.

Chapter 71

  1. Tex. Family Code Sec. 71.001. APPLICABILITY OF DEFINITIONS.

  2. Tex. Family Code Sec. 71.002. COURT. "Court" means the district court, court of domestic relations, juvenile court having the jurisdiction of a district court, statutory county court, constitutional county court, or other court expressly given jurisdiction under this title.

  3. Tex. Family Code Sec. 71.0021. DATING VIOLENCE.

  4. Tex. Family Code Sec. 71.003. FAMILY. "Family" includes individuals related by consanguinity or affinity, as determined under Sections 573.022 and 573.024, Government Code, individuals who are former spouses of each other, individuals who are the parents of the same child, without regard to marriage, and a foster child and foster parent, without regard to whether those individuals reside together.

  5. Tex. Family Code Sec. 71.004. FAMILY VIOLENCE. "Family violence" means:

  6. Tex. Family Code Sec. 71.005. HOUSEHOLD. "Household" means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.

  7. Tex. Family Code Sec. 71.006. MEMBER OF A HOUSEHOLD. "Member of a household" includes a person who previously lived in a household.

  8. Tex. Family Code Sec. 71.007. PROSECUTING ATTORNEY. "Prosecuting attorney" means the attorney, determined as provided in this title, who represents the state in a district or statutory county court in the county in which venue of the application for a protective order is proper.

Chapter 81

  1. Tex. Family Code Sec. 81.001. ENTITLEMENT TO PROTECTIVE ORDER. A court shall render a protective order as provided by Section 85.001(b) if the court finds that family violence has occurred.

  2. Tex. Family Code Sec. 81.0015. PRESUMPTION. For purposes of this subtitle, there is a presumption that family violence has occurred if:

  3. Tex. Family Code Sec. 81.002. NO FEE FOR APPLICANT. An applicant for a protective order or an attorney representing an applicant may not be assessed a fee, cost, charge, or expense by a district or county clerk of the court or a sheriff, constable, or other public official or employee in connection with the filing, serving, or entering of a protective order or for any other service described by this subsection, including:

  4. Tex. Family Code Sec. 81.003. FEES AND COSTS PAID BY PARTY FOUND TO HAVE COMMITTED FAMILY VIOLENCE.

  5. Tex. Family Code Sec. 81.004. CONTEMPT FOR NONPAYMENT OF FEE.

  6. Tex. Family Code Sec. 81.005. ATTORNEY'S FEES, COURT COSTS, AND EXPENSES.

  7. Tex. Family Code Sec. 81.006. PAYMENT OF ATTORNEY'S FEES. The amount of fees collected under this chapter as compensation for the fees:

  8. Tex. Family Code Sec. 81.007. PROSECUTING ATTORNEY.

  9. Tex. Family Code Sec. 81.0075. REPRESENTATION BY PROSECUTING ATTORNEY IN CERTAIN OTHER ACTIONS. Subject to the Texas Disciplinary Rules of Professional Conduct, a prosecuting attorney is not precluded from representing a party in a proceeding under this subtitle and the Department of Family and Protective Services in another action involving the party, regardless of whether the proceeding under this subtitle occurs before, concurrently with, or after the other action involving the party.

  10. Tex. Family Code Sec. 81.008. RELIEF CUMULATIVE. Except as provided by this subtitle, the relief and remedies provided by this subtitle are cumulative of other relief and remedies provided by law.

  11. Tex. Family Code Sec. 81.009. APPEAL.

  12. Tex. Family Code Sec. 81.010. COURT ENFORCEMENT.

  13. Tex. Family Code Sec. 81.011. USE OF DIGITIZED SIGNATURE.

  14. Tex. Family Code Sec. 81.012. CONFLICT WITH CERTAIN OTHER ORDERS. During the time in which a protective order issued under this subtitle, including a temporary ex parte order, is valid and subject to transfer, the order prevails over any other order rendered in a suit for dissolution of a marriage under Chapter 6 or a suit affecting the parent-child relationship under Title 5 to the extent of any conflict between the orders.

Chapter 82

  1. Tex. Family Code Sec. 82.001. APPLICATION. A proceeding under this subtitle is begun by filing "An Application for a Protective Order" with the clerk of the court.

  2. Tex. Family Code Sec. 82.002. WHO MAY FILE APPLICATION.

  3. Tex. Family Code Sec. 82.003. VENUE. An application may be filed in:

  4. Tex. Family Code Sec. 82.004. FORM AND CONTENT OF APPLICATION.

  5. Tex. Family Code Sec. 82.005. APPLICATION FILED DURING SUIT FOR DISSOLUTION OF MARRIAGE OR SUIT AFFECTING PARENT-CHILD RELATIONSHIP. A person who wishes to apply for a protective order with respect to the person's spouse and who is a party to a suit for the dissolution of a marriage or a suit affecting the parent-child relationship that is pending in a court must file the application as required by Subchapter D, Chapter 85.

  6. Tex. Family Code Sec. 82.006. APPLICATION FILED AFTER DISSOLUTION OF MARRIAGE. If an applicant for a protective order is a former spouse of the individual alleged to have committed family violence, the application must include:

  7. Tex. Family Code Sec. 82.007. APPLICATION FILED FOR CHILD SUBJECT TO CONTINUING JURISDICTION. An application that requests a protective order for a child who is subject to the continuing exclusive jurisdiction of a court under Title 5 or alleges that a child who is subject to the continuing exclusive jurisdiction of a court under Title 5 has committed family violence must include:

  8. Tex. Family Code Sec. 82.008. APPLICATION FILED AFTER EXPIRATION OF FORMER PROTECTIVE ORDER.

  9. Tex. Family Code Sec. 82.0085. APPLICATION FILED BEFORE EXPIRATION OF PREVIOUSLY RENDERED PROTECTIVE ORDER.

  10. Tex. Family Code Sec. 82.009. APPLICATION FOR TEMPORARY EX PARTE ORDER.

  11. Tex. Family Code Sec. 82.010. CONFIDENTIALITY OF APPLICATION.

  12. Tex. Family Code Sec. 82.011. CONFIDENTIALITY OF CERTAIN INFORMATION. On request by an applicant, the court shall protect the applicant's mailing address and county of residence by rendering an order:

  13. Tex. Family Code Sec. 82.021. ANSWER. A respondent to an application for a protective order who is served with notice of an application for a protective order may file an answer at any time before the hearing. A respondent is not required to file an answer to the application.

  14. Tex. Family Code Sec. 82.022. REQUEST BY RESPONDENT FOR PROTECTIVE ORDER. To apply for a protective order, a respondent to an application for a protective order must file a separate application.

  15. Tex. Family Code Sec. 82.041. CONTENTS OF NOTICE OF APPLICATION.

  16. Tex. Family Code Sec. 82.042. ISSUANCE OF NOTICE OF APPLICATION.

  17. Tex. Family Code Sec. 82.043. SERVICE OF NOTICE OF APPLICATION.

Chapter 83

  1. Tex. Family Code Sec. 83.001. REQUIREMENTS FOR TEMPORARY EX PARTE ORDER.

  2. Tex. Family Code Sec. 83.002. DURATION OF ORDER; EXTENSION.

  3. Tex. Family Code Sec. 83.0025. ENFORCEMENT OF TEMPORARY EX PARTE ORDER. A temporary ex parte order rendered under this chapter is enforceable to the same extent and in the same manner as a final protective order rendered under Chapter 85.

  4. Tex. Family Code Sec. 83.003. BOND NOT REQUIRED. The court, at the court's discretion, may dispense with the necessity of a bond for a temporary ex parte order.

  5. Tex. Family Code Sec. 83.004. MOTION TO VACATE. Any individual affected by a temporary ex parte order may file a motion at any time to vacate the order. On the filing of the motion to vacate, the court shall set a date for hearing the motion as soon as possible.

  6. Tex. Family Code Sec. 83.006. EXCLUSION OF PARTY FROM RESIDENCE.

  7. Tex. Family Code Sec. 83.007. STANDARD TEMPORARY EX PARTE ORDER FORM.

Chapter 84

  1. Tex. Family Code Sec. 84.001. TIME SET FOR HEARING.

  2. Tex. Family Code Sec. 84.002. EXTENDED TIME FOR HEARING IN DISTRICT COURT IN CERTAIN COUNTIES.

  3. Tex. Family Code Sec. 84.003. HEARING RESCHEDULED FOR FAILURE OF SERVICE.

  4. Tex. Family Code Sec. 84.004. HEARING RESCHEDULED FOR INSUFFICIENT NOTICE.

  5. Tex. Family Code Sec. 84.005. LEGISLATIVE CONTINUANCE. If a proceeding for which a legislative continuance is sought under Section 30.003, Civil Practice and Remedies Code, includes an application for a protective order, the continuance is discretionary with the court.

  6. Tex. Family Code Sec. 84.006. HEARSAY STATEMENT OF CHILD VICTIM OF FAMILY VIOLENCE. In a hearing on an application for a protective order, a statement made by a child 12 years of age or younger that describes alleged family violence against the child is admissible as evidence in the same manner that a child's statement regarding alleged abuse against the child is admissible under Section 104.006 in a suit affecting the parent-child relationship.

Chapter 85

  1. Tex. Family Code Sec. 85.001. REQUIRED FINDINGS AND ORDERS.

  2. Tex. Family Code Sec. 85.002. EXCEPTION FOR VIOLATION OF EXPIRED PROTECTIVE ORDER. If the court finds that a respondent violated a protective order by committing an act prohibited by the order as provided by Section 85.022, that the order was in effect at the time of the violation, and that the order has expired after the date that the violation occurred, the court, without the necessity of making the finding described by Section 85.001(a), shall render a protective order as provided by Section 85.022 applying only to the respondent and may render a protective order as provided by Section 85.021.

  3. Tex. Family Code Sec. 85.003. SEPARATE PROTECTIVE ORDERS REQUIRED.

  4. Tex. Family Code Sec. 85.004. PROTECTIVE ORDER IN SUIT FOR DISSOLUTION OF MARRIAGE. A protective order in a suit for dissolution of a marriage must be in a separate document entitled "PROTECTIVE ORDER."

  5. Tex. Family Code Sec. 85.005. AGREED ORDER.

  6. Tex. Family Code Sec. 85.006. DEFAULT ORDER.

  7. Tex. Family Code Sec. 85.007. CONFIDENTIALITY OF CERTAIN INFORMATION.

  8. Tex. Family Code Sec. 85.009. ORDER VALID UNTIL SUPERSEDED. A protective order rendered under this chapter is valid and enforceable pending further action by the court that rendered the order until the order is properly superseded by another court with jurisdiction over the order.

  9. Tex. Family Code Sec. 85.021. REQUIREMENTS OF ORDER APPLYING TO ANY PARTY. In a protective order, the court may:

  10. Tex. Family Code Sec. 85.022. REQUIREMENTS OF ORDER APPLYING TO PERSON WHO COMMITTED FAMILY VIOLENCE.

  11. Tex. Family Code Sec. 85.0221. STANDARD PROTECTIVE ORDER FORM.

  12. Tex. Family Code Sec. 85.0225. SEPARATION OF WIRELESS TELEPHONE SERVICE ACCOUNT.

  13. Tex. Family Code Sec. 85.023. EFFECT ON PROPERTY RIGHTS. A protective order or an agreement approved by the court under this subtitle does not affect the title to real property.

  14. Tex. Family Code Sec. 85.024. ENFORCEMENT OF COUNSELING REQUIREMENT.

  15. Tex. Family Code Sec. 85.025. DURATION OF PROTECTIVE ORDER.

  16. Tex. Family Code Sec. 85.026. WARNING ON PROTECTIVE ORDER.

  17. Tex. Family Code Sec. 85.041. DELIVERY TO RESPONDENT.

  18. Tex. Family Code Sec. 85.042. DELIVERY OF ORDER TO OTHER PERSONS.

  19. Tex. Family Code Sec. 85.061. DISMISSAL OF APPLICATION PROHIBITED; SUBSEQUENTLY FILED SUIT FOR DISSOLUTION OF MARRIAGE OR SUIT AFFECTING PARENT-CHILD RELATIONSHIP. If an application for a protective order is pending, a court may not dismiss the application or delay a hearing on the application on the grounds that a suit for dissolution of marriage or suit affecting the parent-child relationship is filed after the date the application was filed.

  20. Tex. Family Code Sec. 85.062. APPLICATION FILED WHILE SUIT FOR DISSOLUTION OF MARRIAGE OR SUIT AFFECTING PARENT-CHILD RELATIONSHIP PENDING.

  21. Tex. Family Code Sec. 85.063. APPLICATION FILED AFTER FINAL ORDER RENDERED IN SUIT FOR DISSOLUTION OF MARRIAGE OR SUIT AFFECTING PARENT-CHILD RELATIONSHIP.

  22. Tex. Family Code Sec. 85.064. TRANSFER OF PROTECTIVE ORDER.

  23. Tex. Family Code Sec. 85.065. EFFECT OF TRANSFER.

Chapter 86

  1. Tex. Family Code Sec. 86.001. ADOPTION OF PROCEDURES BY LAW ENFORCEMENT AGENCY.

  2. Tex. Family Code Sec. 86.0011. DUTY TO ENTER INFORMATION INTO STATEWIDE LAW ENFORCEMENT INFORMATION SYSTEM.

  3. Tex. Family Code Sec. 86.002. DUTY TO PROVIDE INFORMATION TO FIREARMS DEALERS.

  4. Tex. Family Code Sec. 86.003. COURT ORDER FOR LAW ENFORCEMENT ASSISTANCE UNDER TEMPORARY ORDER. On request by an applicant obtaining a temporary ex parte protective order that excludes the respondent from the respondent's residence, the court granting the temporary order shall render a written order to the sheriff, constable, or chief of police to provide a law enforcement officer from the department of the chief of police, constable, or sheriff to:

  5. Tex. Family Code Sec. 86.004. COURT ORDER FOR LAW ENFORCEMENT ASSISTANCE UNDER FINAL ORDER. On request by an applicant obtaining a final protective order that excludes the respondent from the respondent's residence, the court granting the final order shall render a written order to the sheriff, constable, or chief of police to provide a law enforcement officer from the department of the chief of police, constable, or sheriff to:

  6. Tex. Family Code Sec. 86.005. PROTECTIVE ORDER FROM ANOTHER JURISDICTION. To ensure that law enforcement officers responding to calls are aware of the existence and terms of a protective order from another jurisdiction, each law enforcement agency shall establish procedures in the agency to provide adequate information or access to information for law enforcement officers regarding the name of each person protected by an order rendered in another jurisdiction and of each person against whom the protective order is directed.

Chapter 87

  1. Tex. Family Code Sec. 87.001. MODIFICATION OF PROTECTIVE ORDER. On the motion of any party, the court, after notice and hearing, may modify an existing protective order to:

  2. Tex. Family Code Sec. 87.002. MODIFICATION MAY NOT EXTEND DURATION OF ORDER. A protective order may not be modified to extend the period of the order's validity beyond the second anniversary of the date the original order was rendered or beyond the date the order expires under Section 85.025(a-1) or (c), whichever date occurs later.

  3. Tex. Family Code Sec. 87.003. NOTIFICATION OF MOTION TO MODIFY. Notice of a motion to modify a protective order is sufficient if delivery of the motion is attempted on the respondent at the respondent's last known address by registered or certified mail as provided by Rule 21a, Texas Rules of Civil Procedure.

  4. Tex. Family Code Sec. 87.004. CHANGE OF ADDRESS OR TELEPHONE NUMBER.

Chapter 88

  1. Tex. Family Code Sec. 88.001. SHORT TITLE. This chapter may be cited as the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.

  2. Tex. Family Code Sec. 88.002. DEFINITIONS. In this chapter:

  3. Tex. Family Code Sec. 88.003. JUDICIAL ENFORCEMENT OF ORDER.

  4. Tex. Family Code Sec. 88.004. NONJUDICIAL ENFORCEMENT OF ORDER.

  5. Tex. Family Code Sec. 88.005. REGISTRATION OF ORDER.

  6. Tex. Family Code Sec. 88.006. IMMUNITY. A state or local governmental agency, law enforcement officer, prosecuting attorney, clerk of court, or any state or local governmental official acting in an official capacity is immune from civil and criminal liability for an act or omission arising from the registration or enforcement of a foreign protective order or the detention or arrest of a person alleged to have violated a foreign protective order if the act or omission was done in good faith in an effort to comply with this chapter.

  7. Tex. Family Code Sec. 88.007. OTHER REMEDIES. A protected individual who pursues a remedy under this chapter is not precluded from pursuing other legal or equitable remedies against the respondent.

  8. Tex. Family Code Sec. 88.008. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.

Chapter 91

  1. Tex. Family Code Sec. 91.001. DEFINITIONS. In this subtitle:

  2. Tex. Family Code Sec. 91.002. REPORTING BY WITNESSES ENCOURAGED. A person who witnesses family violence is encouraged to report the family violence to a local law enforcement agency.

  3. Tex. Family Code Sec. 91.003. INFORMATION PROVIDED BY MEDICAL PROFESSIONALS. A medical professional who treats a person for injuries that the medical professional has reason to believe were caused by family violence shall:

  4. Tex. Family Code Sec. 91.004. APPLICATION OF SUBTITLE. This subtitle does not affect a duty to report child abuse under Chapter 261.

Chapter 92

  1. Tex. Family Code Sec. 92.001. IMMUNITY.

Chapter 93

  1. Tex. Family Code Sec. 93.001. DEFINITIONS. In this chapter:

  2. Tex. Family Code Sec. 93.002. CONFIDENTIAL COMMUNICATIONS. A written or oral communication between an advocate and a victim made in the course of advising, advocating for, counseling, or assisting the victim is confidential and may not be disclosed.

  3. Tex. Family Code Sec. 93.003. PRIVILEGED COMMUNICATIONS.

  4. Tex. Family Code Sec. 93.004. EXCEPTIONS.

Chapter 101

  1. Tex. Family Code Sec. 101.001. APPLICABILITY OF DEFINITIONS.

  2. Tex. Family Code Sec. 101.0010. ACKNOWLEDGED FATHER. "Acknowledged father" means a man who has established a father-child relationship under Chapter 160.

  3. Tex. Family Code Sec. 101.0011. ADMINISTRATIVE WRIT OF WITHHOLDING. "Administrative writ of withholding" means the document issued by the Title IV-D agency or domestic relations office and delivered to an employer directing that earnings be withheld for payment of child support as provided by Chapter 158.

  4. Tex. Family Code Sec. 101.0015. ALLEGED FATHER.

  5. Tex. Family Code Sec. 101.0017. AMICUS ATTORNEY. "Amicus attorney" has the meaning assigned by Section 107.001.

  6. Tex. Family Code Sec. 101.0018. ATTORNEY AD LITEM. "Attorney ad litem" has the meaning assigned by Section 107.001.

  7. Tex. Family Code Sec. 101.003. CHILD OR MINOR; ADULT.

  8. Tex. Family Code Sec. 101.004. CHILD SUPPORT AGENCY. "Child support agency" means:

  9. Tex. Family Code Sec. 101.005. CHILD SUPPORT REVIEW OFFICER. "Child support review officer" means an individual designated and trained by a child support agency to conduct reviews under this title.

  10. Tex. Family Code Sec. 101.006. CHILD SUPPORT SERVICES. "Child support services" means administrative or court actions to:

  11. Tex. Family Code Sec. 101.007. CLEAR AND CONVINCING EVIDENCE. "Clear and convincing evidence" means the measure or degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.

  12. Tex. Family Code Sec. 101.008. COURT. "Court" means the district court, juvenile court having the same jurisdiction as a district court, or other court expressly given jurisdiction of a suit affecting the parent-child relationship.

  13. Tex. Family Code Sec. 101.009. DANGER TO PHYSICAL HEALTH OR SAFETY OF CHILD. "Danger to the physical health or safety of a child" includes exposure of the child to loss or injury that jeopardizes the physical health or safety of the child without regard to whether there has been an actual prior injury to the child.

  14. Tex. Family Code Sec. 101.0094. DENTAL INSURANCE. "Dental insurance" means insurance coverage that provides preventive dental care and other dental services, including usual dentist services, office visits, examinations, X-rays, and emergency services, that may be provided through a single service health maintenance organization or other private or public organization.

  15. Tex. Family Code Sec. 101.0095. DENTAL SUPPORT. "Dental support" means periodic payments or a lump-sum payment made under an order to cover dental expenses, including dental insurance coverage, incurred for the benefit of a child.

  16. Tex. Family Code Sec. 101.0096. DIGITIZED SIGNATURE. "Digitized signature" means a graphic image of a handwritten signature having the same legal force and effect for all purposes as a handwritten signature.

  17. Tex. Family Code Sec. 101.010. DISPOSABLE EARNINGS. "Disposable earnings" means the part of the earnings of an individual remaining after the deduction from those earnings of any amount required by law to be withheld, union dues, nondiscretionary retirement contributions, and medical, hospitalization, and disability insurance coverage for the obligor and the obligor's children.

  18. Tex. Family Code Sec. 101.011. EARNINGS. "Earnings" means a payment to or due an individual, regardless of source and how denominated. The term includes a periodic or lump-sum payment for:

  19. Tex. Family Code Sec. 101.012. EMPLOYER. "Employer" means a person, corporation, partnership, workers' compensation insurance carrier, governmental entity, the United States, or any other entity that pays or owes earnings to an individual. The term includes, for the purposes of enrolling dependents in a group health or dental insurance plan, a union, trade association, or other similar organization.

  20. Tex. Family Code Sec. 101.0125. FAMILY VIOLENCE. "Family violence" has the meaning assigned by Section 71.004.

  21. Tex. Family Code Sec. 101.013. FILED. "Filed" means officially filed with the clerk of the court.

  22. Tex. Family Code Sec. 101.0133. FOSTER CARE. "Foster care" means the placement of a child who is in the conservatorship of the Department of Family and Protective Services and in care outside the child's home in a residential child-care facility, including an agency foster home, specialized child-care home, cottage home operation, general residential operation, or another facility licensed or certified under Chapter 42, Human Resources Code, in which care is provided for 24 hours a day.

  23. Tex. Family Code Sec. 101.0134. FOSTER CHILD. "Foster child" means a child who is in the managing conservatorship of the Department of Family and Protective Services.

  24. Tex. Family Code Sec. 101.014. GOVERNMENTAL ENTITY. "Governmental entity" means the state, a political subdivision of the state, or an agency of the state.

  25. Tex. Family Code Sec. 101.0145. GUARDIAN AD LITEM. "Guardian ad litem" has the meaning assigned by Section 107.001.

  26. Tex. Family Code Sec. 101.015. HEALTH INSURANCE. "Health insurance" means insurance coverage that provides basic health care services, including usual physician services, office visits, hospitalization, and laboratory, X-ray, and emergency services, that may be provided through a health maintenance organization or other private or public organization, other than medical assistance under Chapter 32, Human Resources Code.

  27. Tex. Family Code Sec. 101.016. JOINT MANAGING CONSERVATORSHIP. "Joint managing conservatorship" means the sharing of the rights and duties of a parent by two parties, ordinarily the parents, even if the exclusive right to make certain decisions may be awarded to one party.

  28. Tex. Family Code Sec. 101.0161. JUDICIAL WRIT OF WITHHOLDING. "Judicial writ of withholding" means the document issued by the clerk of a court and delivered to an employer directing that earnings be withheld for payment of child support as provided by Chapter 158.

  29. Tex. Family Code Sec. 101.017. LICENSED CHILD PLACING AGENCY. "Licensed child placing agency" means a person, including an organization or corporation, licensed or certified under Chapter 42, Human Resources Code, by the Department of Family and Protective Services to place a child in an adoptive home or a residential child-care facility, including a child-care facility, agency foster home, cottage home operation, or general residential operation.

  30. Tex. Family Code Sec. 101.018. LOCAL REGISTRY. "Local registry" means a county agency or public entity operated under the authority of a district clerk, county government, juvenile board, juvenile probation office, domestic relations office, or other county agency or public entity that serves a county or a court that has jurisdiction under this title and that:

  31. Tex. Family Code Sec. 101.019. MANAGING CONSERVATORSHIP. "Managing conservatorship" means the relationship between a child and a managing conservator appointed by court order.

  32. Tex. Family Code Sec. 101.020. MEDICAL SUPPORT. "Medical support" means periodic payments or a lump-sum payment made under an order to cover medical expenses, including health insurance coverage, incurred for the benefit of a child.

  33. Tex. Family Code Sec. 101.0201. NOTICE OF APPLICATION FOR JUDICIAL WRIT OF WITHHOLDING. "Notice of application for judicial writ of withholding" means the document delivered to an obligor and filed with the court as required by Chapter 158 for the nonjudicial determination of arrears and initiation of withholding.

  34. Tex. Family Code Sec. 101.021. OBLIGEE. "Obligee" means a person or entity entitled to receive payments of child support, including an agency of this state or of another jurisdiction to which a person has assigned the person's right to support.

  35. Tex. Family Code Sec. 101.022. OBLIGOR. "Obligor" means a person required to make payments under the terms of a support order for a child.

  36. Tex. Family Code Sec. 101.023. ORDER. "Order" means a final order unless identified as a temporary order or the context clearly requires a different meaning. The term includes a decree and a judgment.

  37. Tex. Family Code Sec. 101.024. PARENT.

  38. Tex. Family Code Sec. 101.025. PARENT-CHILD RELATIONSHIP. "Parent-child relationship" means the legal relationship between a child and the child's parents as provided by Chapter 160. The term includes the mother and child relationship and the father and child relationship.

  39. Tex. Family Code Sec. 101.0255. RECORD. "Record" means information that is:

  40. Tex. Family Code Sec. 101.026. RENDER. "Render" means the pronouncement by a judge of the court's ruling on a matter. The pronouncement may be made orally in the presence of the court reporter or in writing, including on the court's docket sheet or by a separate written instrument.

  41. Tex. Family Code Sec. 101.027. PARENT LOCATOR SERVICE. "Parent locator service" means the service established under 42 U.S.C. Section 653.

  42. Tex. Family Code Sec. 101.028. SCHOOL. "School" means an elementary or secondary school in which a child is enrolled or, if the child is not enrolled in an elementary or secondary school, the public school district in which the child primarily resides. For purposes of this section, a reference to elementary school includes prekindergarten.

  43. Tex. Family Code Sec. 101.029. STANDARD POSSESSION ORDER. "Standard possession order" means an order that provides a parent with rights of possession of a child in accordance with the terms and conditions of Subchapter F, Chapter 153.

  44. Tex. Family Code Sec. 101.030. STATE. "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe and a foreign jurisdiction that has established procedures for rendition and enforcement of an order that are substantially similar to the procedures of this title.

  45. Tex. Family Code Sec. 101.0301. STATE CASE REGISTRY. "State case registry" means the registry established and operated by the Title IV-D agency under 42 U.S.C. Section 654a that has responsibility for maintaining records with respect to child support orders in all Title IV-D cases and in all other cases in which a support order is rendered or modified under this title on or after October 1, 1998.

  46. Tex. Family Code Sec. 101.0302. STATE DISBURSEMENT UNIT. "State disbursement unit" means the unit established and operated by the Title IV-D agency under 42 U.S.C. Section 654b that has responsibility for receiving, distributing, maintaining, and furnishing child support payments and records on or after October 1, 1999.

  47. Tex. Family Code Sec. 101.031. SUIT. "Suit" means a legal action under this title.

  48. Tex. Family Code Sec. 101.032. SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP.

  49. Tex. Family Code Sec. 101.033. TITLE IV-D AGENCY. "Title IV-D agency" means the state agency designated under Chapter 231 to provide services under Part D of Title IV of the federal Social Security Act (42 U.S.C. Section 651 et seq.).

  50. Tex. Family Code Sec. 101.034. TITLE IV-D CASE. "Title IV-D case" means an action in which services are provided by the Title IV-D agency under Part D, Title IV, of the federal Social Security Act (42 U.S.C. Section 651 et seq.), relating to the location of an absent parent, determination of parentage, or establishment, modification, or enforcement of a child support, medical support, or dental support obligation, including a suit for modification filed by the Title IV-D agency under Section 231.101(d) and any other action relating to the services that the Title IV-D agency is required or authorized to provide under Section 231.101.

  51. Tex. Family Code Sec. 101.035. TRIBUNAL. "Tribunal" means a court, administrative agency, or quasi-judicial entity of a state authorized to establish, enforce, or modify support orders or to determine parentage.

  52. Tex. Family Code Sec. 101.036. VITAL STATISTICS UNIT. "Vital statistics unit" means the vital statistics unit of the Department of State Health Services.

Chapter 102

  1. Tex. Family Code Sec. 102.001. SUIT AUTHORIZED; SCOPE OF SUIT.

  2. Tex. Family Code Sec. 102.002. COMMENCEMENT OF SUIT. An original suit begins by the filing of a petition as provided by this chapter.

  3. Tex. Family Code Sec. 102.003. GENERAL STANDING TO FILE SUIT.

  4. Tex. Family Code Sec. 102.0031. REQUIRED AFFIDAVIT FOR STANDING OF NONPARENT.

  5. Tex. Family Code Sec. 102.0035. STATEMENT TO CONFER STANDING.

  6. Tex. Family Code Sec. 102.004. STANDING FOR CERTAIN RELATIVES AND OTHER PERSONS.

  7. Tex. Family Code Sec. 102.0045. STANDING FOR SIBLING.

  8. Tex. Family Code Sec. 102.005. STANDING TO REQUEST TERMINATION AND ADOPTION. An original suit requesting only an adoption or for termination of the parent-child relationship joined with a petition for adoption may be filed by:

  9. Tex. Family Code Sec. 102.006. LIMITATIONS ON STANDING.

  10. Tex. Family Code Sec. 102.007. STANDING OF TITLE IV-D AGENCY. In providing services authorized by Chapter 231, the Title IV-D agency or a political subdivision contracting with the attorney general to provide Title IV-D services under this title may file a child support action authorized under this title, including a suit for modification or a motion for enforcement.

  11. Tex. Family Code Sec. 102.008. CONTENTS OF PETITION.

  12. Tex. Family Code Sec. 102.0086. CONFIDENTIALITY OF PLEADINGS.

  13. Tex. Family Code Sec. 102.009. SERVICE OF CITATION.

  14. Tex. Family Code Sec. 102.0091. WAIVER OF CITATION.

  15. Tex. Family Code Sec. 102.010. SERVICE OF CITATION BY PUBLICATION.

  16. Tex. Family Code Sec. 102.011. ACQUIRING JURISDICTION OVER NONRESIDENT.

  17. Tex. Family Code Sec. 102.012. EXERCISING PARTIAL JURISDICTION.

  18. Tex. Family Code Sec. 102.013. DOCKETING REQUIREMENTS.

  19. Tex. Family Code Sec. 102.014. USE OF DIGITIZED SIGNATURE.

Chapter 103

  1. Tex. Family Code Sec. 103.001. VENUE FOR ORIGINAL SUIT.

  2. Tex. Family Code Sec. 103.002. TRANSFER OF ORIGINAL PROCEEDINGS WITHIN STATE.

  3. Tex. Family Code Sec. 103.003. TRANSFER OF ORIGINAL SUIT WITHIN STATE WHEN PARTY OR CHILD RESIDES OUTSIDE STATE.

Chapter 104

  1. Tex. Family Code Sec. 104.001. RULES OF EVIDENCE. Except as otherwise provided, the Texas Rules of Evidence apply as in other civil cases.

  2. Tex. Family Code Sec. 104.002. PRERECORDED STATEMENT OF CHILD. If a child 12 years of age or younger is alleged in a suit under this title to have been abused, the recording of an oral statement of the child recorded prior to the proceeding is admissible into evidence if:

  3. Tex. Family Code Sec. 104.003. PRERECORDED VIDEOTAPED TESTIMONY OF CHILD.

  4. Tex. Family Code Sec. 104.004. REMOTE TELEVISED BROADCAST OF TESTIMONY OF CHILD.

  5. Tex. Family Code Sec. 104.005. SUBSTITUTION FOR IN-COURT TESTIMONY OF CHILD.

  6. Tex. Family Code Sec. 104.006. HEARSAY STATEMENT OF CHILD ABUSE VICTIM. In a suit affecting the parent-child relationship, a statement made by a child 12 years of age or younger that describes alleged abuse against the child, without regard to whether the statement is otherwise inadmissible as hearsay, is admissible as evidence if, in a hearing conducted outside the presence of the jury, the court finds that the time, content, and circumstances of the statement provide sufficient indications of the statement's reliability and:

  7. Tex. Family Code Sec. 104.007. VIDEO TESTIMONY OF CERTAIN PROFESSIONALS.

  8. Tex. Family Code Sec. 104.008. CERTAIN TESTIMONY PROHIBITED.

Chapter 105

  1. Tex. Family Code Sec. 105.001. TEMPORARY ORDERS BEFORE FINAL ORDER.

  2. Tex. Family Code Sec. 105.0011. INFORMATION REGARDING PROTECTIVE ORDERS. At any time while a suit is pending, if the court believes, on the basis of any information received by the court, that a party to the suit or a member of the party's family or household may be a victim of family violence, the court shall inform that party of the party's right to apply for a protective order under Title 4.

  3. Tex. Family Code Sec. 105.002. JURY.

  4. Tex. Family Code Sec. 105.003. PROCEDURE FOR CONTESTED HEARING.

  5. Tex. Family Code Sec. 105.004. PREFERENTIAL SETTING. After a hearing, the court may:

  6. Tex. Family Code Sec. 105.005. FINDINGS. Except as otherwise provided by this title, the court's findings shall be based on a preponderance of the evidence.

  7. Tex. Family Code Sec. 105.006. CONTENTS OF FINAL ORDER.

  8. Tex. Family Code Sec. 105.007. COMPLIANCE WITH ORDER REQUIRING NOTICE OF CHANGE OF REQUIRED INFORMATION.

  9. Tex. Family Code Sec. 105.008. RECORD OF SUPPORT ORDER FOR STATE CASE REGISTRY.

  10. Tex. Family Code Sec. 105.009. PARENT EDUCATION AND FAMILY STABILIZATION COURSE.

Chapter 106

  1. Tex. Family Code Sec. 106.001. COSTS. The court may award costs in a suit or motion under this title and in a habeas corpus proceeding.

  2. Tex. Family Code Sec. 106.002. ATTORNEY'S FEES, COURT COSTS, AND EXPENSES.

Chapter 107

  1. Tex. Family Code Sec. 107.001. DEFINITIONS. In this chapter:

  2. Tex. Family Code Sec. 107.002. POWERS AND DUTIES OF GUARDIAN AD LITEM FOR CHILD.

  3. Tex. Family Code Sec. 107.003. POWERS AND DUTIES OF ATTORNEY AD LITEM FOR CHILD.

  4. Tex. Family Code Sec. 107.004. ADDITIONAL DUTIES OF ATTORNEY AD LITEM FOR CHILD.

  5. Tex. Family Code Sec. 107.0042. REPORT ON PERCENTAGE OF PROFESSIONAL PRACTICE TIME AS ATTORNEY AD LITEM. Not later than October 15 of each year and on a form prescribed by the Texas Indigent Defense Commission, an attorney appointed as an attorney ad litem in a proceeding filed by the Department of Family and Protective Services under Title 5 shall submit to the county or the Texas Indigent Defense Commission a report for the preceding state fiscal year that describes the percentage of the attorney's professional practice time that was dedicated to the attorney's appointment as an attorney ad litem in the county under Title 5.

  6. Tex. Family Code Sec. 107.0045. DISCIPLINE OF ATTORNEY AD LITEM. An attorney ad litem who fails to perform the duties required by Sections 107.003 and 107.004 is subject to disciplinary action under Subchapter E, Chapter 81, Government Code.

  7. Tex. Family Code Sec. 107.006. ACCESS TO CHILD AND INFORMATION RELATING TO CHILD.

  8. Tex. Family Code Sec. 107.007. ATTORNEY WORK PRODUCT AND TESTIMONY.

  9. Tex. Family Code Sec. 107.008. SUBSTITUTED JUDGMENT OF ATTORNEY FOR CHILD.

  10. Tex. Family Code Sec. 107.009. IMMUNITY.

  11. PART 1. APPOINTMENTS IN SUITS BY GOVERNMENTAL ENTITY

  12. Tex. Family Code Sec. 107.010. DISCRETIONARY APPOINTMENT OF ATTORNEY AD LITEM FOR INCAPACITATED PERSON. The court may appoint an attorney to serve as an attorney ad litem for a person entitled to service of citation in a suit if the court finds that the person is incapacitated. The attorney ad litem shall follow the person's expressed objectives of representation and, if appropriate, refer the proceeding to the proper court for guardianship proceedings.

  13. Tex. Family Code Sec. 107.011. MANDATORY APPOINTMENT OF GUARDIAN AD LITEM.

  14. Tex. Family Code Sec. 107.012. MANDATORY APPOINTMENT OF ATTORNEY AD LITEM FOR CHILD. In a suit filed by a governmental entity requesting termination of the parent-child relationship or to be named conservator of a child, the court shall appoint an attorney ad litem to represent the interests of the child immediately after the filing, but before the full adversary hearing, to ensure adequate representation of the child.

  15. Tex. Family Code Sec. 107.0125. APPOINTMENT OF ATTORNEY IN DUAL ROLE.

  16. Tex. Family Code Sec. 107.013. MANDATORY APPOINTMENT OF ATTORNEY AD LITEM FOR PARENT.

  17. Tex. Family Code Sec. 107.0131. POWERS AND DUTIES OF ATTORNEY AD LITEM FOR PARENT.

  18. Tex. Family Code Sec. 107.0132. POWERS AND DUTIES OF ATTORNEY AD LITEM FOR ALLEGED FATHER.

  19. Tex. Family Code Sec. 107.0133. DISCIPLINE OF ATTORNEY AD LITEM FOR PARENT OR ALLEGED FATHER. An attorney ad litem appointed for a parent or an alleged father who fails to perform the duties required by Section 107.0131 or 107.0132, as applicable, is subject to disciplinary action under Subchapter E, Chapter 81, Government Code.

  20. Tex. Family Code Sec. 107.014. POWERS AND DUTIES OF ATTORNEY AD LITEM FOR CERTAIN PARENTS.

  21. Tex. Family Code Sec. 107.0141. TEMPORARY APPOINTMENT OF ATTORNEY AD LITEM FOR CERTAIN PARENTS.

  22. Tex. Family Code Sec. 107.015. ATTORNEY FEES.

  23. Tex. Family Code Sec. 107.016. CONTINUED REPRESENTATION; DURATION OF APPOINTMENT. In a suit filed by a governmental entity in which termination of the parent-child relationship or appointment of the entity as conservator of the child is requested:

  24. Tex. Family Code Sec. 107.0161. AD LITEM APPOINTMENTS FOR CHILD COMMITTED TO TEXAS JUVENILE JUSTICE DEPARTMENT. If an order appointing the Department of Family and Protective Services as managing conservator of a child does not continue the appointment of the child's guardian ad litem or attorney ad litem and the child is committed to the Texas Juvenile Justice Department or released under supervision by the Texas Juvenile Justice Department, the court may appoint a guardian ad litem or attorney ad litem for the child.

  25. PART 2. APPOINTMENTS IN SUITS OTHER THAN SUITS BY GOVERNMENTAL ENTITY

  26. Tex. Family Code Sec. 107.017. APPOINTMENT OF AMICUS ATTORNEY PROHIBITED. The court may not appoint a person to serve as an amicus attorney in a suit filed by a governmental entity under this chapter.

  27. Tex. Family Code Sec. 107.021. DISCRETIONARY APPOINTMENTS.

  28. Tex. Family Code Sec. 107.022. CERTAIN PROHIBITED APPOINTMENTS. In a suit other than a suit filed by a governmental entity requesting termination of the parent-child relationship or appointment of the entity as conservator of the child, the court may not appoint:

  29. Tex. Family Code Sec. 107.023. FEES, COURT COSTS, AND EXPENSES IN SUITS OTHER THAN SUITS BY GOVERNMENTAL ENTITY.

  30. Tex. Family Code Sec. 107.024. APPOINTMENT OF AMICUS ATTORNEY.

  31. Tex. Family Code Sec. 107.0245. AMICUS ATTORNEY; MINIMUM QUALIFICATIONS.

  32. Tex. Family Code Sec. 107.025. EXCEPTION TO QUALIFICATIONS REQUIRED TO SERVE AS AMICUS ATTORNEY IN CERTAIN COUNTIES.

  33. Tex. Family Code Sec. 107.0255. AMICUS ATTORNEY; CONFLICTS OF INTEREST AND BIAS.

  34. Tex. Family Code Sec. 107.026. AMICUS ATTORNEY STANDARD OF CARE.

  35. Tex. Family Code Sec. 107.0265. POWERS AND DUTIES OF AMICUS ATTORNEY.

  36. Tex. Family Code Sec. 107.027. LIMITATIONS ON AMICUS ATTORNEY POWERS.

  37. Tex. Family Code Sec. 107.0275. REMOVAL OF AMICUS ATTORNEY. The court:

  38. Tex. Family Code Sec. 107.031. VOLUNTEER ADVOCATES.

  39. Tex. Family Code Sec. 107.101. DEFINITIONS. In this subchapter:

  40. Tex. Family Code Sec. 107.102. APPLICABILITY.

  41. Tex. Family Code Sec. 107.1025. EFFECT OF MENTAL EXAMINATION. A mental examination described by Rule 204.4, Texas Rules of Civil Procedure, does not by itself satisfy the requirements for a child custody evaluation under this subchapter. A mental examination may be included in the report required under this subchapter and relied on by the child custody evaluator to the extent the evaluator considers appropriate under the circumstances.

  42. Tex. Family Code Sec. 107.103. ORDER FOR CHILD CUSTODY EVALUATION.

  43. Tex. Family Code Sec. 107.104. CHILD CUSTODY EVALUATOR: MINIMUM QUALIFICATIONS.

  44. Tex. Family Code Sec. 107.105. CHILD CUSTODY EVALUATION: SPECIALIZED TRAINING REQUIRED.

  45. Tex. Family Code Sec. 107.106. EXCEPTION TO QUALIFICATIONS REQUIRED TO CONDUCT CHILD CUSTODY EVALUATION.

  46. Tex. Family Code Sec. 107.107. CHILD CUSTODY EVALUATOR: CONFLICTS OF INTEREST AND BIAS.

  47. Tex. Family Code Sec. 107.108. GENERAL PROVISIONS APPLICABLE TO CONDUCT OF CHILD CUSTODY EVALUATION AND PREPARATION OF REPORT.

  48. Tex. Family Code Sec. 107.109. ELEMENTS OF CHILD CUSTODY EVALUATION.

  49. Tex. Family Code Sec. 107.110. PSYCHOMETRIC TESTING.

  50. Tex. Family Code Sec. 107.1101. EFFECT OF POTENTIALLY UNDIAGNOSED SERIOUS MENTAL ILLNESS.

  51. Tex. Family Code Sec. 107.111. CHILD CUSTODY EVALUATOR ACCESS TO INVESTIGATIVE RECORDS OF DEPARTMENT; OFFENSE.

  52. Tex. Family Code Sec. 107.1111. CHILD CUSTODY EVALUATOR ACCESS TO OTHER RECORDS.

  53. Tex. Family Code Sec. 107.112. COMMUNICATIONS AND RECORDKEEPING OF CHILD CUSTODY EVALUATOR.

  54. Tex. Family Code Sec. 107.113. CHILD CUSTODY EVALUATION REPORT REQUIRED.

  55. Tex. Family Code Sec. 107.114. INTRODUCTION AND PROVISION OF CHILD CUSTODY EVALUATION REPORT.

  56. Tex. Family Code Sec. 107.115. CHILD CUSTODY EVALUATION FEE. If the court orders a child custody evaluation to be conducted, the court shall award the person appointed as the child custody evaluator a reasonable fee for the preparation of the child custody evaluation that shall be imposed in the form of a money judgment and paid directly to the person. The person may enforce the judgment for the fee by any means available under law for civil judgments.

  57. Tex. Family Code Sec. 107.151. DEFINITIONS. In this subchapter:

  58. Tex. Family Code Sec. 107.152. APPLICABILITY.

  59. Tex. Family Code Sec. 107.153. ORDER FOR ADOPTION EVALUATION.

  60. Tex. Family Code Sec. 107.154. ADOPTION EVALUATOR: MINIMUM QUALIFICATIONS.

  61. Tex. Family Code Sec. 107.155. EXCEPTION TO QUALIFICATIONS REQUIRED TO CONDUCT ADOPTION EVALUATION.

  62. Tex. Family Code Sec. 107.156. ADOPTION EVALUATOR: CONFLICTS OF INTEREST AND BIAS.

  63. Tex. Family Code Sec. 107.157. REPORTING CERTAIN PLACEMENTS FOR ADOPTION. An adoption evaluator shall report to the department any adoptive placement that appears to have been made by someone other than a licensed child-placing agency or a child's parent or managing conservator.

  64. Tex. Family Code Sec. 107.158. GENERAL PROVISIONS APPLICABLE TO CONDUCT OF ADOPTION EVALUATOR AND PREPARATION OF REPORTS.

  65. Tex. Family Code Sec. 107.159. REQUIREMENTS FOR PRE-PLACEMENT PORTION OF ADOPTION EVALUATION AND REPORT.

  66. Tex. Family Code Sec. 107.160. REQUIREMENTS FOR POST-PLACEMENT PORTION OF ADOPTION EVALUATION AND REPORT.

  67. Tex. Family Code Sec. 107.161. INTRODUCTION AND PROVISION OF ADOPTION EVALUATION REPORT AND TESTIMONY RELATING TO ADOPTION EVALUATION.

  68. Tex. Family Code Sec. 107.162. ADOPTION EVALUATION FEE. If the court orders an adoption evaluation to be conducted, the court shall award the adoption evaluator a reasonable fee for the preparation of the evaluation that shall be imposed in the form of a money judgment and paid directly to the evaluator. The evaluator may enforce the judgment for the fee by any means available under law for civil judgments.

  69. Tex. Family Code Sec. 107.163. ADOPTION EVALUATOR ACCESS TO INVESTIGATIVE RECORDS OF DEPARTMENT; OFFENSE.

  70. Tex. Family Code Sec. 107.201. APPLICABILITY. This subchapter does not apply to services provided in accordance with the Interstate Compact on the Placement of Children adopted under Subchapter B, Chapter 162, to an evaluation conducted in accordance with Section 262.114 by an employee of or contractor with the department, or to a suit in which the Department of Family and Protective Services is a party.

  71. Tex. Family Code Sec. 107.202. ASSIGNMENT OF EVALUATIONS IN CONTESTED ADOPTIONS.

  72. Tex. Family Code Sec. 107.251. DEFINITION. In this subchapter, "governmental entity" includes a county, a group of counties, a department of a county, an administrative judicial region created by Section 74.042, Government Code, and any entity created under the Interlocal Cooperation Act as permitted by Chapter 791, Government Code.

  73. Tex. Family Code Sec. 107.252. APPLICABILITY. This subchapter applies to a suit filed by a governmental entity seeking termination of the parent-child relationship or the appointment of a conservator for a child in which appointment of an attorney is required under Section 107.012 or 107.013.

  74. Tex. Family Code Sec. 107.253. NONPROFIT FUNDING. This subchapter does not limit or prevent a nonprofit corporation from receiving and using money obtained from other entities to provide legal representation and services as authorized by this subchapter.

  75. Tex. Family Code Sec. 107.254. OFFICE OF CHILD REPRESENTATION. An office of child representation is an entity that uses public money to provide legal representation and services for a child in a suit filed by a governmental entity seeking termination of the parent-child relationship or the appointment of a conservator for the child in which appointment is mandatory for a child under Section 107.012.

  76. Tex. Family Code Sec. 107.255. OFFICE OF PARENT REPRESENTATION. An office of parent representation is an entity that uses public money to provide legal representation and services for a parent in a suit filed by a governmental entity seeking termination of the parent-child relationship or the appointment of a conservator for a child in which appointment is mandatory for a parent under Section 107.013.

  77. Tex. Family Code Sec. 107.256. CREATION OF OFFICE OF CHILD REPRESENTATION OR OFFICE OF PARENT REPRESENTATION.

  78. Tex. Family Code Sec. 107.257. NONPROFIT AS OFFICE.

  79. Tex. Family Code Sec. 107.258. PLAN OF OPERATION FOR OFFICE. The applicable commissioners court or commissioners courts shall require a written plan of operation from an entity serving as an office of child representation or office of parent representation. The plan must include:

  80. Tex. Family Code Sec. 107.259. OFFICE PERSONNEL.

  81. Tex. Family Code Sec. 107.260. APPOINTMENTS IN COUNTY IN WHICH OFFICE CREATED.

  82. Tex. Family Code Sec. 107.261. FUNDING OF OFFICE. An office of child representation or office of parent representation is entitled to receive money for personnel costs and expenses incurred in operating as an office in amounts set by the commissioners court and paid out of the appropriate county fund, or jointly fixed by the commissioners courts and proportionately paid out of each appropriate county fund if the office serves more than one county.

  83. Tex. Family Code Sec. 107.262. OVERSIGHT BOARD.

  84. Tex. Family Code Sec. 107.301. DEFINITIONS. In this subchapter:

  85. Tex. Family Code Sec. 107.302. MANAGED ASSIGNED COUNSEL PROGRAM.

  86. Tex. Family Code Sec. 107.303. CREATION OF MANAGED ASSIGNED COUNSEL PROGRAM.

  87. Tex. Family Code Sec. 107.304. PLAN FOR PROGRAM REQUIRED. The commissioners court or commissioners courts shall require a written plan of operation from an entity operating a program under this subchapter. The plan of operation must include:

  88. Tex. Family Code Sec. 107.305. PROGRAM DIRECTOR; PERSONNEL.

  89. Tex. Family Code Sec. 107.306. REVIEW COMMITTEE.

  90. Tex. Family Code Sec. 107.307. APPOINTMENT FROM PROGRAM'S PUBLIC APPOINTMENT LIST.

  91. Tex. Family Code Sec. 107.308. FUNDING OF PROGRAM.

Chapter 108

  1. Tex. Family Code Sec. 108.001. TRANSMITTAL OF RECORDS OF SUIT BY CLERK.

  2. Tex. Family Code Sec. 108.002. DISSOLUTION OF MARRIAGE RECORDS MAINTAINED BY CLERK. A clerk may not transmit to the central record file the pleadings, papers, studies, and records relating to a suit for divorce or annulment or to declare a marriage void.

  3. Tex. Family Code Sec. 108.003. TRANSMITTAL OF INFORMATION REGARDING ADOPTION.

  4. Tex. Family Code Sec. 108.004. TRANSMITTAL OF FILES ON LOSS OF JURISDICTION. On the loss of jurisdiction of a court under Chapter 155, 159, or 262, the clerk of the court shall transmit to the central registry of the vital statistics unit a certified record, on a form provided by the unit, stating that jurisdiction has been lost, the reason for the loss of jurisdiction, and the name and all previous names, date of birth, and place of birth of the child.

  5. Tex. Family Code Sec. 108.005. ADOPTION RECORDS RECEIVED BY VITAL STATISTICS UNIT.

  6. Tex. Family Code Sec. 108.006. FEES.

  7. Tex. Family Code Sec. 108.007. MICROFILM.

  8. Tex. Family Code Sec. 108.008. FILING INFORMATION AFTER DETERMINATION OF PATERNITY.

  9. Tex. Family Code Sec. 108.009. BIRTH CERTIFICATE.

  10. Tex. Family Code Sec. 108.110. RELEASE OF INFORMATION BY VITAL STATISTICS UNIT.

Chapter 109

  1. Tex. Family Code Sec. 109.001. TEMPORARY ORDERS DURING PENDENCY OF APPEAL.

  2. Tex. Family Code Sec. 109.002. APPELLATE REVIEW.

  3. Tex. Family Code Sec. 109.003. PAYMENT FOR COURT REPORTER'S RECORD.

Chapter 110

  1. Tex. Family Code Sec. 110.001. GENERAL RULE. Except as provided by this chapter, fees in a matter covered by this title shall be as in civil cases generally.

  2. Tex. Family Code Sec. 110.002. FILING FEES AND DEPOSITS.

  3. Tex. Family Code Sec. 110.003. NO SEPARATE OR ADDITIONAL FILING FEE. The clerk of the court may not require:

  4. Tex. Family Code Sec. 110.004. FEE FOR ISSUING AND DELIVERING WITHHOLDING ORDER OR WRIT. The clerk of the court may charge a reasonable fee, not to exceed $15, for each order or writ of income withholding issued by the clerk and delivered to an employer.

  5. Tex. Family Code Sec. 110.005. TRANSFER FEE.

  6. Tex. Family Code Sec. 110.006. DOMESTIC RELATIONS OFFICE OPERATIONS FEES AND CHILD SUPPORT SERVICE FEES.

Chapter 111

  1. Tex. Family Code Sec. 111.001. REVIEW OF GUIDELINES.

  2. Tex. Family Code Sec. 111.002. GUIDELINES SUPERSEDE COURT RULES.

  3. Tex. Family Code Sec. 111.003. POSTING GUIDELINES. A copy of the guidelines for possession of and access to a child under Chapter 153 and a copy of the guidelines for the support of a child under Chapter 154 shall be prominently displayed at or near the entrance to the courtroom of every court having jurisdiction of a suit.

Finance

Chapter 1

  1. Tex. Finance Code Sec. 1.001. PURPOSE OF CODE.

  2. Tex. Finance Code Sec. 1.002. CONSTRUCTION OF CODE. Chapter 311, Government Code (Code Construction Act), applies to the construction of each provision in this code except as otherwise expressly provided by this code.

  3. Tex. Finance Code Sec. 1.003. REFERENCE IN LAW TO STATUTE REVISED BY CODE. A reference in a law to a statute or a part of a statute revised by this code is considered to be a reference to the part of this code that revises that statute or part of that statute.

  4. Tex. Finance Code Sec. 1.004. PREEMPTION.

Chapter 11

  1. Tex. Finance Code Sec. 11.001. DEFINITIONS.

  2. Tex. Finance Code Sec. 11.002. PURPOSE OF COMMISSION; STRATEGIC PLAN.

  3. Tex. Finance Code Sec. 11.101. APPOINTMENT; TERMS; OATH.

  4. Tex. Finance Code Sec. 11.102. QUALIFICATIONS OF MEMBERS.

  5. Tex. Finance Code Sec. 11.1021. CONFLICT OF INTEREST.

  6. Tex. Finance Code Sec. 11.103. REMOVAL OF MEMBERS.

  7. Tex. Finance Code Sec. 11.104. EXPENSES AND COMPENSATION OF MEMBERS. A member of the finance commission is entitled to:

  8. Tex. Finance Code Sec. 11.105. MATTER IN WHICH MEMBER HAS PERSONAL INTEREST. A member of the finance commission may not act or participate in the portion of a commission meeting during which the matter considered specifically relates to an entity:

  9. Tex. Finance Code Sec. 11.106. MEETINGS.

  10. Tex. Finance Code Sec. 11.107. PRESIDING OFFICER.

  11. Tex. Finance Code Sec. 11.108. SUNSET PROVISION. The finance commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished September 1, 2031.

  12. Tex. Finance Code Sec. 11.109. STANDARDS OF CONDUCT. The presiding officer of the finance commission or the presiding officer's designee shall provide to members of the finance commission, as often as necessary, information regarding the requirements for office under this title, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers.

  13. Tex. Finance Code Sec. 11.110. TRAINING.

  14. Tex. Finance Code Sec. 11.111. SEPARATION OF FUNCTIONS. The finance commission shall develop and implement policies that clearly separate the policymaking responsibilities of the finance commission and the management responsibilities of the banking commissioner, savings and mortgage lending commissioner, and consumer credit commissioner and staff of the finance agencies.

  15. Tex. Finance Code Sec. 11.112. PUBLIC TESTIMONY. The finance commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the finance commission and to speak on any issue under the jurisdiction of the finance agencies.

  16. Tex. Finance Code Sec. 11.113. ADVISORY COMMITTEES.

  17. Tex. Finance Code Sec. 11.202. HEARINGS OFFICER AND AUDITOR.

  18. Tex. Finance Code Sec. 11.203. LIMITATION ON DIRECTION OF AUDITOR. The internal auditor reports to the finance commission and is not subject to direction by the employing finance agency.

  19. Tex. Finance Code Sec. 11.204. SHARING OF STAFF, EQUIPMENT, AND FACILITIES; ALLOCATION OF COSTS.

  20. Tex. Finance Code Sec. 11.301. BANKING RULES. The finance commission may adopt banking rules as provided by Section 31.003.

  21. Tex. Finance Code Sec. 11.302. SAVINGS ASSOCIATION AND SAVINGS BANK RULES.

  22. Tex. Finance Code Sec. 11.303. DISCLOSURE OF CERTAIN INFORMATION TO FINANCE COMMISSION PROHIBITED. Information regarding the financial condition of a state savings association or savings bank obtained through examination or otherwise may not be disclosed to a member of the finance commission, except that the savings and mortgage lending commissioner may disclose to the finance commission a file or record pertinent to a hearing or matter pending before the commission.

  23. Tex. Finance Code Sec. 11.304. CONSUMER CREDIT RULES. The finance commission may adopt rules necessary to supervise the consumer credit commissioner and ensure compliance with Chapter 14 and Title 4.

  24. Tex. Finance Code Sec. 11.305. RESEARCH.

  25. Tex. Finance Code Sec. 11.3055. FINANCIAL SERVICES STUDY.

  26. Tex. Finance Code Sec. 11.306. RESIDENTIAL MORTGAGE LOAN ORIGINATION RULES. The finance commission may adopt residential mortgage loan origination rules as provided by Chapter 156.

  27. Tex. Finance Code Sec. 11.307. RULES RELATING TO CONSUMER COMPLAINTS.

  28. Tex. Finance Code Sec. 11.308. INTERPRETATION OF HOME EQUITY LENDING LAW. The finance commission may, on request of an interested person or on its own motion, issue interpretations of Sections 50(a)(5)-(7), (e)-(p), (t), and (u), Article XVI, Texas Constitution. An interpretation under this section is subject to Chapter 2001, Government Code, and is applicable to all lenders authorized to make extensions of credit under Section 50(a)(6), Article XVI, Texas Constitution, except lenders regulated by the Credit Union Commission. The finance commission and the Credit Union Commission shall attempt to adopt interpretations that are as consistent as feasible or shall state justification for any inconsistency.

  29. Tex. Finance Code Sec. 11.309. RULES RELATING TO CHECK VERIFICATION ENTITIES.

Chapter 12

  1. Tex. Finance Code Sec. 12.001. DEFINITIONS. The definitions provided by Section 31.002 apply to this chapter.

  2. Tex. Finance Code Sec. 12.101. BANKING COMMISSIONER.

  3. Tex. Finance Code Sec. 12.102. DEPUTY BANKING COMMISSIONERS.

  4. Tex. Finance Code Sec. 12.104. OATH OF OFFICE. Before assuming the duties of office, each deputy banking commissioner, examiner, assistant examiner, conservator, supervisor, and special agent, and each other officer or employee specified by the banking commissioner, must take an oath of office to:

  5. Tex. Finance Code Sec. 12.105. FEES, REVENUE, AND EXPENSES; AUDIT.

  6. Tex. Finance Code Sec. 12.106. LIABILITY.

  7. Tex. Finance Code Sec. 12.107. CONFLICT OF INTEREST.

  8. Tex. Finance Code Sec. 12.108. CONSUMER INFORMATION AND COMPLAINTS.

  9. Tex. Finance Code Sec. 12.1085. FINANCIAL LITERACY PROGRAM.

  10. Tex. Finance Code Sec. 12.109. SUNSET PROVISION. The office of banking commissioner is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the office is abolished September 1, 2031.

  11. Tex. Finance Code Sec. 12.111. STANDARDS OF CONDUCT. The banking commissioner or the banking commissioner's designee shall provide to agency employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.

  12. Tex. Finance Code Sec. 12.112. EQUAL EMPLOYMENT OPPORTUNITY POLICY.

  13. Tex. Finance Code Sec. 12.113. ALTERNATIVE RULEMAKING AND DISPUTE RESOLUTION.

  14. Tex. Finance Code Sec. 12.114. ADVISORY COMMITTEES.

Chapter 13

  1. Tex. Finance Code Sec. 13.001. DEFINITIONS. The definitions provided by Section 31.002 apply to this chapter.

  2. Tex. Finance Code Sec. 13.0015. NAME CHANGES.

  3. Tex. Finance Code Sec. 13.002. SAVINGS AND MORTGAGE LENDING COMMISSIONER.

  4. Tex. Finance Code Sec. 13.003. DEPUTY COMMISSIONERS.

  5. Tex. Finance Code Sec. 13.004. EXAMINERS. The savings and mortgage lending commissioner shall appoint savings association and savings bank examiners.

  6. Tex. Finance Code Sec. 13.006. OATH OF OFFICE. Before assuming the duties of office, each deputy savings and mortgage lending commissioner, examiner, assistant examiner, conservator, supervisor, and special agent and each other officer or employee specified by the savings and mortgage lending commissioner must take an oath of office to discharge faithfully the duties assigned and uphold the constitution and laws of this state and the United States.

  7. Tex. Finance Code Sec. 13.007. GENERAL POWERS AND DUTIES OF COMMISSIONER. The savings and mortgage lending commissioner shall:

  8. Tex. Finance Code Sec. 13.009. CONFLICTS OF LAW. If this chapter conflicts with Subtitle B or C, Title 3, this chapter controls.

  9. Tex. Finance Code Sec. 13.010. CONFLICTS OF INTEREST.

  10. Tex. Finance Code Sec. 13.011. CONSUMER INFORMATION AND COMPLAINTS.

  11. Tex. Finance Code Sec. 13.012. SUNSET PROVISION. The office of savings and mortgage lending commissioner and the Department of Savings and Mortgage Lending are subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the office and department are abolished September 1, 2031.

  12. Tex. Finance Code Sec. 13.013. STANDARDS OF CONDUCT. The savings and mortgage lending commissioner or the savings and mortgage lending commissioner's designee shall provide to agency employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.

  13. Tex. Finance Code Sec. 13.014. EQUAL EMPLOYMENT OPPORTUNITY POLICY.

  14. Tex. Finance Code Sec. 13.016. RECOVERY FUND.

  15. Tex. Finance Code Sec. 13.017. ALTERNATIVE RULEMAKING AND DISPUTE RESOLUTION.

  16. Tex. Finance Code Sec. 13.018. ADVISORY COMMITTEES.

Chapter 14

  1. Tex. Finance Code Sec. 14.001. DEFINITIONS.

  2. Tex. Finance Code Sec. 14.051. CONSUMER CREDIT COMMISSIONER.

  3. Tex. Finance Code Sec. 14.052. DIVISION OF CONSUMER PROTECTION. The division of consumer protection is a division in the office and is under the direction of the commissioner.

  4. Tex. Finance Code Sec. 14.054. OATH OF OFFICE. Before assuming the duties of office, the commissioner and each assistant commissioner, examiner, and other employee of the office must take an oath of office.

  5. Tex. Finance Code Sec. 14.055. LIABILITY.

  6. Tex. Finance Code Sec. 14.056. CONFLICT OF INTEREST.

  7. Tex. Finance Code Sec. 14.057. PERFORMANCE EVALUATIONS; MERIT PAY.

  8. Tex. Finance Code Sec. 14.058. EQUAL EMPLOYMENT OPPORTUNITY.

  9. Tex. Finance Code Sec. 14.059. INTRA-AGENCY CAREER LADDER.

  10. Tex. Finance Code Sec. 14.061. COST OF AUDIT. The cost of an audit of the office under Chapter 321, Government Code, shall be paid to the state auditor from the funds of the office.

  11. Tex. Finance Code Sec. 14.062. CONSUMER INFORMATION AND COMPLAINTS.

  12. Tex. Finance Code Sec. 14.063. APPLICATION OF OPEN MEETINGS LAW. The office is a governmental body subject to Chapter 551, Government Code.

  13. Tex. Finance Code Sec. 14.064. CONSUMER INFORMATION. The commissioner shall:

  14. Tex. Finance Code Sec. 14.065. OFFICE EMPLOYEES. The commissioner may appoint, remove, and prescribe the duties of assistant commissioners, examiners, and other employees as necessary to maintain and operate the office, including the division of consumer protection.

  15. Tex. Finance Code Sec. 14.066. SUNSET PROVISION. The office is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the office is abolished September 1, 2031.

  16. Tex. Finance Code Sec. 14.101. GENERAL DUTIES OF COMMISSIONER. The commissioner shall enforce this chapter, Subtitles B and C of Title 4, Chapter 393 with respect to a credit access business, and Chapter 394 in person or through an assistant commissioner, examiner, or other employee of the office.

  17. Tex. Finance Code Sec. 14.102. EDUCATIONAL AND DEBT COUNSELING PROGRAMS. The commissioner shall coordinate, encourage, and assist public and private agencies, organizations, groups, and consumer credit institutions in developing and operating voluntary educational and debt counseling programs designed to promote prudent and beneficial use of consumer credit by residents of this state.

  18. Tex. Finance Code Sec. 14.1025. FINANCIAL LITERACY PROGRAM INFORMATION.

  19. Tex. Finance Code Sec. 14.103. CONSUMER PROTECTION PROGRAMS. The commissioner, through the division of consumer protection, shall coordinate, encourage, and assist public and private agencies, organizations, groups, and consumer protection institutions in developing and operating voluntary educational consumer protection programs designed to promote prudent and informed consumer action by residents of this state.

  20. Tex. Finance Code Sec. 14.104. LENDER CONTRACTS. A written contract of an authorized lender subject to regulation by the office must contain the name, mailing address, and telephone number of the office.

  21. Tex. Finance Code Sec. 14.105. GIFTS AND GRANTS.

  22. Tex. Finance Code Sec. 14.106. INFORMATION REGARDING EMPLOYMENT REQUIREMENTS. The commissioner or the commissioner's designee shall provide to agency employees, as often as necessary, information regarding the requirements for employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state employees.

  23. Tex. Finance Code Sec. 14.107. FEES.

  24. Tex. Finance Code Sec. 14.108. INTERPRETATIONS OF LAW.

  25. Tex. Finance Code Sec. 14.109. USE OF THE NATIONWIDE MORTGAGE LICENSING SYSTEM AND REGISTRY.

  26. Tex. Finance Code Sec. 14.110. ALTERNATIVE RULEMAKING AND DISPUTE RESOLUTION.

  27. Tex. Finance Code Sec. 14.111. ADVISORY COMMITTEES.

  28. Tex. Finance Code Sec. 14.112. LICENSING AND REGISTRATION TERMS.

  29. Tex. Finance Code Sec. 14.113. TEXAS FINANCIAL EDUCATION ENDOWMENT.

  30. Tex. Finance Code Sec. 14.151. OBTAINING INFORMATION.

  31. Tex. Finance Code Sec. 14.152. FINGERPRINT REQUIREMENT; PENALTY. The commissioner may refuse to grant a license or registration to, or may suspend or revoke the license or registration of, an applicant, license holder, or registrant described by Section 411.095(a)(1), Government Code, who fails to provide, on request, a complete set of legible fingerprints on a fingerprint card format approved by the Department of Public Safety and the Federal Bureau of Investigation.

  32. Tex. Finance Code Sec. 14.153. ACTION BY LAW ENFORCEMENT AGENCIES.

  33. Tex. Finance Code Sec. 14.154. CONFIDENTIALITY.

  34. Tex. Finance Code Sec. 14.155. DISCLOSURE.

  35. Tex. Finance Code Sec. 14.156. RECOVERY OF COSTS. In addition to an investigation fee paid to the commissioner by an applicant for a license or registration, the commissioner is entitled to recover from an applicant, license holder, or registrant the cost of processing an inquiry to determine whether the person has a criminal history record.

  36. Tex. Finance Code Sec. 14.157. RULES. The finance commission shall adopt rules governing the custody and use of information obtained under this subchapter.

  37. Tex. Finance Code Sec. 14.201. INVESTIGATION AND ENFORCEMENT AUTHORITY. Investigative and enforcement authority under this subchapter applies only to:

  38. Tex. Finance Code Sec. 14.2015. CONFIDENTIALITY OF CERTAIN INFORMATION.

  39. Tex. Finance Code Sec. 14.2016. INFORMATION SHARING WITH DEPARTMENTS AND AGENCIES. To ensure consistent enforcement of law and minimization of regulatory burdens, the commissioner may share information, including criminal history or confidential information, relating to a license holder, registrant, applicant, or other person investigated or examined under the commissioner's authority with a department, agency, or instrumentality of this state, another state, or the United States if the commissioner considers the disclosure of the information to be necessary or proper to the enforcement of the laws of this state or the United States and in the best interest of the public. Information otherwise confidential remains confidential after the information is shared under this section.

  40. Tex. Finance Code Sec. 14.202. REQUEST FOR INFORMATION; INVESTIGATION AUTHORITY. On receipt of a written complaint or other reasonable cause to believe that a person is violating a statute listed by Section 14.201, the commissioner may:

  41. Tex. Finance Code Sec. 14.203. ISSUANCE OF SUBPOENA OR SUMMONS.

  42. Tex. Finance Code Sec. 14.204. ENFORCEMENT OF SUBPOENA; CONTEMPT.

  43. Tex. Finance Code Sec. 14.205. INVESTIGATION BY HEARING OFFICER.

  44. Tex. Finance Code Sec. 14.206. FEES AND EXPENSES.

  45. Tex. Finance Code Sec. 14.207. IMPOSITION OF COSTS ON PARTIES. The commissioner may impose on a party in interest of record fees, expenses, or costs incurred in connection with a hearing or may divide the fee or expense among any or all interested parties as determined by the commissioner.

  46. Tex. Finance Code Sec. 14.208. INJUNCTION; APPEAL.

  47. Tex. Finance Code Sec. 14.209. APPOINTMENT OF RECEIVER.

  48. Tex. Finance Code Sec. 14.251. ASSESSMENT OF PENALTY; RESTITUTION ORDER.

  49. Tex. Finance Code Sec. 14.252. AMOUNT OF PENALTY.

  50. Tex. Finance Code Sec. 14.253. REPORT ON VIOLATION. If the commissioner determines that a violation occurred, the commissioner may issue a report that states:

  51. Tex. Finance Code Sec. 14.254. NOTICE OF REPORT ON VIOLATION AND PENALTY RECOMMENDATION.

  52. Tex. Finance Code Sec. 14.255. RESPONSE OF PERSON RECEIVING NOTICE. Not later than the 20th day after the date on which a person receives notice under Section 14.254, the person may:

  53. Tex. Finance Code Sec. 14.256. ACCEPTANCE OF PENALTY; DEFAULT. If a person accepts the determination and recommended penalty of the commissioner or fails to make a timely written request for a hearing, the commissioner by order shall approve the determination and impose the recommended penalty.

  54. Tex. Finance Code Sec. 14.257. HEARING ON PENALTY; ORDER.

  55. Tex. Finance Code Sec. 14.258. STAY OF PENALTY; SUIT BY ATTORNEY GENERAL.

  56. Tex. Finance Code Sec. 14.259. RECOVERY OF COSTS. In addition to the administrative penalty or restitution amount, the court may authorize the commissioner to recover from a person who pays an administrative penalty or restitution amount, or both, reasonable expenses incurred in obtaining the ordered amount, including the cost of investigation, witness fees, and deposition expenses.

  57. Tex. Finance Code Sec. 14.260. ADMINISTRATIVE PROCEDURE ACT. A proceeding under this subchapter is subject to Chapter 2001, Government Code.

  58. Tex. Finance Code Sec. 14.261. ACCEPTANCE OF ASSURANCE.

  59. Tex. Finance Code Sec. 14.262. EFFECT OF ASSURANCE.

  60. Tex. Finance Code Sec. 14.263. REOPENING. A matter closed by the filing of an assurance of voluntary compliance may be reopened at any time.

  61. Tex. Finance Code Sec. 14.264. RIGHT TO BRING ACTION NOT AFFECTED.

  62. Tex. Finance Code Sec. 14.301. APPEAL OF FINAL DECISION OF COMMISSIONER. A party in interest aggrieved by a final decision of the commissioner is entitled to judicial review.

  63. Tex. Finance Code Sec. 14.302. APPEAL OF LICENSE WITHHOLDING OR REVOCATION. An appeal of a decision of the commissioner refusing to grant a license to an applicant or revoking the license of a license holder shall be under the substantial evidence rule as provided by Chapter 2001, Government Code.

  64. Tex. Finance Code Sec. 14.303. STAY OF ORDER PENDING APPEAL. On a showing of good cause, the commissioner or the reviewing court may enter an order staying the effect of a final decision of the commissioner pending appeal by a party in interest.

Chapter 15

  1. Tex. Finance Code Sec. 15.001. DEFINITIONS.

  2. Tex. Finance Code Sec. 15.101. COMPOSITION OF DEPARTMENT. The department is composed of:

  3. Tex. Finance Code Sec. 15.102. REGULATION OF CREDIT UNIONS. The department shall supervise and regulate credit unions as provided by this chapter and Subtitle D, Title 3.

  4. Tex. Finance Code Sec. 15.103. STUDY OF STATUTES. The department periodically shall comprehensively study the statutes of this state as they pertain to credit union operations.

  5. Tex. Finance Code Sec. 15.104. NOTIFICATION AND GUIDANCE ON ADOPTION OF CERTAIN FEDERAL LAWS OR REGULATIONS. The department shall promptly notify and issue guidance to all credit unions chartered in this state on the adoption of a federal law or regulation that:

  6. Tex. Finance Code Sec. 15.201. APPOINTMENT; TERMS.

  7. Tex. Finance Code Sec. 15.202. GENERAL QUALIFICATIONS OF COMMISSION MEMBERS.

  8. Tex. Finance Code Sec. 15.203. QUALIFICATIONS OF INDUSTRY COMMISSION MEMBERS.

  9. Tex. Finance Code Sec. 15.204. QUALIFICATIONS OF PUBLIC COMMISSION MEMBERS.

  10. Tex. Finance Code Sec. 15.2041. TRAINING PROGRAM.

  11. Tex. Finance Code Sec. 15.205. VACANCIES. The office of a commission member becomes vacant:

  12. Tex. Finance Code Sec. 15.206. REMOVAL.

  13. Tex. Finance Code Sec. 15.207. EXPENSES AND COMPENSATION OF COMMISSION MEMBERS.

  14. Tex. Finance Code Sec. 15.208. MATTER IN WHICH COMMISSION MEMBER HAS PERSONAL INTEREST.

  15. Tex. Finance Code Sec. 15.209. MEETINGS.

  16. Tex. Finance Code Sec. 15.210. PRESIDING OFFICER. The governor shall designate a member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure of the governor.

  17. Tex. Finance Code Sec. 15.211. SUIT FOR OFFICIAL ACT OR OMISSION.

  18. Tex. Finance Code Sec. 15.212. SUNSET PROVISION. The Credit Union Department and the Credit Union Commission are subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the department and commission are abolished September 1, 2031.

  19. Tex. Finance Code Sec. 15.301. COMMISSIONER.

  20. Tex. Finance Code Sec. 15.302. QUALIFICATIONS OF COMMISSIONER.

  21. Tex. Finance Code Sec. 15.303. DEPUTY COMMISSIONER.

  22. Tex. Finance Code Sec. 15.304. EXAMINERS.

  23. Tex. Finance Code Sec. 15.305. GENERAL COUNSEL. A person may not act as the general counsel to the commission or the department if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the department.

  24. Tex. Finance Code Sec. 15.306. OATH. Before assuming the duties of office, the commissioner, the deputy commissioner, each examiner, and each other officer or employee of the commission must take an oath of office approved by the commission.

  25. Tex. Finance Code Sec. 15.307. OFFICERS OF COMMISSION AND DEPARTMENT. Each officer of the commission and department, except a commission member, is an employee of the commission and is subject to the commission's orders and directions.

  26. Tex. Finance Code Sec. 15.309. INTRA-AGENCY CAREER LADDER.

  27. Tex. Finance Code Sec. 15.310. PERFORMANCE EVALUATION.

  28. Tex. Finance Code Sec. 15.311. QUALIFICATIONS OF EMPLOYEES. A person may not be a department employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:

  29. Tex. Finance Code Sec. 15.312. INFORMATION PROVIDED TO MEMBERS AND EMPLOYEES. The commissioner or the commissioner's designee shall provide to members of the commission and to department employees, as often as necessary, information regarding their qualification for office or employment under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.

  30. Tex. Finance Code Sec. 15.313. EQUAL EMPLOYMENT OPPORTUNITY POLICY.

  31. Tex. Finance Code Sec. 15.401. SUPERVISION OF COMMISSIONER. The commission shall supervise, consult with, and advise the commissioner.

  32. Tex. Finance Code Sec. 15.4011. CREDIT UNION DEPARTMENT BUILDING. The commission shall have charge and control of the property known as the Credit Union Department Building and use of staff, equipment, and facilities of the department. The Credit Union Department Building refers to the property located in the city of Austin and titled in the name of the State of Texas for the use and benefit of the Credit Union Department, as described by deed recorded in Volume 6126, Page 27, of the Deed Records of Travis County, Texas.

  33. Tex. Finance Code Sec. 15.402. ADOPTION OF RULES.

  34. Tex. Finance Code Sec. 15.4021. RECEIPT OF PUBLIC COMMENTS; NOTICE OF COMMISSION ACTIVITIES.

  35. Tex. Finance Code Sec. 15.4022. RULES RELATING TO COMPETITIVE BIDDING AND ADVERTISING.

  36. Tex. Finance Code Sec. 15.4023. SEPARATION OF RESPONSIBILITIES. The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the commissioner and the staff of the department.

  37. Tex. Finance Code Sec. 15.4025. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY.

  38. Tex. Finance Code Sec. 15.403. SUPERVISION AND REGULATION OF CREDIT UNIONS.

  39. Tex. Finance Code Sec. 15.4031. CREDIT UNION COMMISSIONER HEARING.

  40. Tex. Finance Code Sec. 15.4032. EXAMINATION OF RELATED ENTITIES.

  41. Tex. Finance Code Sec. 15.404. ADMINISTRATION AND ENFORCEMENT OF STATUTES AND RULES. The commissioner shall administer and enforce this chapter and Subtitle D, Title 3, and rules adopted under this chapter and Subtitle D, Title 3.

  42. Tex. Finance Code Sec. 15.4041. ISSUANCE OF INTERPRETIVE STATEMENTS.

  43. Tex. Finance Code Sec. 15.4042. ISSUANCE OF OPINION.

  44. Tex. Finance Code Sec. 15.4043. EFFECT OF INTERPRETIVE STATEMENT OR OPINION. An interpretive statement or opinion issued under this subchapter does not have the force of law and is not a rule for the purposes of Chapter 2001, Government Code, unless adopted by the commission as provided by Chapter 2001, Government Code. An interpretive statement or opinion is an administrative construction of this chapter or Subtitle D, Title 3, may be relied on by credit unions authorized to engage in business in this state, and is entitled to great weight if the construction is reasonable and does not conflict with this chapter or Subtitle D, Title 3.

  45. Tex. Finance Code Sec. 15.4044. FEES. The department may charge a late fee against a credit union for late payment of its operating fees.

  46. Tex. Finance Code Sec. 15.405. LEGISLATIVE RECOMMENDATIONS. The commissioner shall report the department's legislative recommendations to the legislature for consideration.

  47. Tex. Finance Code Sec. 15.406. ATTENDANCE AT COMMISSION MEETINGS; VOTING. The commissioner shall attend meetings of the commission but may not vote at a meeting.

  48. Tex. Finance Code Sec. 15.407. OFFICIAL COMMITTEES. The chairman may appoint individuals who are not commission members to serve on official committees that are charged with evaluating industry methods or problems and presenting formal recommendations to the commission for possible action. The individuals appointed are entitled to reimbursement for reasonable and necessary expenses incidental to travel incurred in connection with the performance of official duties.

  49. Tex. Finance Code Sec. 15.408. CONSUMER COMPLAINTS.

  50. Tex. Finance Code Sec. 15.4081. COMPLAINT TRACKING; ANNUAL STATISTICAL ANALYSIS.

  51. Tex. Finance Code Sec. 15.409. CONSUMER INFORMATION.

  52. Tex. Finance Code Sec. 15.4091. ACCESS TO DEPARTMENT FACILITIES, PROGRAMS, AND SERVICES.

  53. Tex. Finance Code Sec. 15.410. SHARE AND DEPOSITOR INSURANCE PROTECTION.

  54. Tex. Finance Code Sec. 15.4105. ANNUAL REPORT TO MEMBERS.

  55. Tex. Finance Code Sec. 15.411. AGREEMENTS WITH OTHER REGULATORS.

  56. Tex. Finance Code Sec. 15.4111. REGULATORY COORDINATION. To ensure effective coordination among and between the department and other state and federal agencies, the commissioner and those agencies may enter into cooperative, coordinating, or information-sharing agreements that are necessary or proper to enforce the state or federal laws applicable to credit unions.

  57. Tex. Finance Code Sec. 15.412. FILING GROUP RETURN WITH THE INTERNAL REVENUE SERVICE.

  58. Tex. Finance Code Sec. 15.413. INTERPRETATION OF HOME EQUITY LENDING LAW. The commission may, on request of an interested person or on its own motion, issue interpretations of Sections 50(a)(5)-(7), (e)-(p), (t), and (u), Article XVI, Texas Constitution. An interpretation under this section is subject to Chapter 2001, Government Code, and is applicable to lenders regulated by the commission. The Finance Commission of Texas and the commission shall attempt to adopt interpretations that are as consistent as feasible or shall state justification for any inconsistency.

  59. Tex. Finance Code Sec. 15.414. AUTHORITY TO CONTRACT FOR PROFESSIONAL OR PERSONAL SERVICES. For the purpose of carrying out the powers, duties, and responsibilities of the department, the commissioner may negotiate, contract, or enter into an agreement for professional or personal services. The commission by rule shall adopt policies and procedures consistent with applicable state procurement practices for soliciting and awarding contracts under this section.

  60. Tex. Finance Code Sec. 15.415. GIFTS OF MONEY OR PROPERTY. The department may accept money or property by gift, bequest, devise, or otherwise for any department purpose authorized by this chapter and Subtitle D, Title 3. A gift, bequest, or devise shall be used for the purposes specified by the grantor. The commission must approve acceptance and use of any gift, bequest, or devise under this section.

  61. Tex. Finance Code Sec. 15.416. USE OF TECHNOLOGY. The commission shall implement a policy requiring the department to use appropriate technological solutions to improve the department's ability to perform its functions. The policy must ensure that the public is able to interact with the department on the Internet.

  62. Tex. Finance Code Sec. 15.501. RULEMAKING AUTHORITY.

  63. Tex. Finance Code Sec. 15.502. PERIODIC EVALUATION. The commission shall by rule establish a process by which the commission shall periodically evaluate an advisory committee to ensure its continued necessity. The commission may retain or develop committees as appropriate to meet changing needs.

  64. Tex. Finance Code Sec. 15.503. COMPLIANCE WITH OPEN MEETINGS ACT.A commission advisory committee must comply with Chapter 551, Government Code.

Chapter 16

  1. Tex. Finance Code Sec. 16.001. DEFINITIONS. In this chapter:

  2. Tex. Finance Code Sec. 16.002. SELF-DIRECTED AND SEMI-INDEPENDENT STATUS OF FINANCIAL REGULATORY AGENCIES. Notwithstanding any other provision of law, a financial regulatory agency is self-directed and semi-independent as specified by this chapter. Any Act of the 81st Legislature that relates to a financial regulatory agency and that is inconsistent with the agency being self-directed and semi-independent may be implemented by the financial regulatory agency only on authorization by the policy-making body of the financial regulatory agency.

  3. Tex. Finance Code Sec. 16.003. BUDGET, REVENUES, AND EXPENSES.

  4. Tex. Finance Code Sec. 16.004. AUDITS. This chapter does not affect the duty of the state auditor to audit a financial regulatory agency. The state auditor shall enter into a contract and schedule with each financial regulatory agency to conduct audits, including financial reports and performance audits. The financial regulatory agency shall reimburse the state auditor for all costs incurred in performing the audits and shall provide to the governor a copy of any audit performed.

  5. Tex. Finance Code Sec. 16.005. RECORDS; REPORTING REQUIREMENTS.

  6. Tex. Finance Code Sec. 16.006. ABILITY TO CONTRACT.

  7. Tex. Finance Code Sec. 16.007. PROPERTY. A financial regulatory agency may:

  8. Tex. Finance Code Sec. 16.008. SUITS. The office of the attorney general shall represent a financial regulatory agency in any litigation. The attorney general may assess and collect from the financial regulatory agency reasonable attorney's fees associated with any litigation under this section.

  9. Tex. Finance Code Sec. 16.009. POST-PARTICIPATION LIABILITY.

  10. Tex. Finance Code Sec. 16.010. DUE PROCESS; OPEN GOVERNMENT. A financial regulatory agency is:

  11. Tex. Finance Code Sec. 16.011. MEMBERSHIP IN EMPLOYEES RETIREMENT SYSTEM. Employees of the financial regulatory agencies are members of the Employees Retirement System of Texas under Chapter 812, Government Code, and the agencies' transition to independent status as provided by this chapter has no effect on their membership or any benefits under that system.

  12. Tex. Finance Code Sec. 16.012. GIFTS.

Chapter 31

  1. Tex. Finance Code Sec. 31.001. SHORT TITLE. This subtitle may be cited as the Texas Banking Act.

  2. Tex. Finance Code Sec. 31.002. DEFINITIONS.

  3. Tex. Finance Code Sec. 31.003. BANKING RULES.

  4. Tex. Finance Code Sec. 31.004. UNAUTHORIZED BANKING.

  5. Tex. Finance Code Sec. 31.005. IMPLYING THAT PERSON IS BANK.

  6. Tex. Finance Code Sec. 31.006. LIABILITY OF DEPOSITORY INSTITUTION DIRECTORS AND PERSONNEL.

  7. Tex. Finance Code Sec. 31.007. EXEMPTION OF BANK DIRECTORS AND PERSONNEL FROM SECURITIES LAW.

  8. Tex. Finance Code Sec. 31.101. GENERAL DUTIES OF BANKING COMMISSIONER. The banking commissioner shall:

  9. Tex. Finance Code Sec. 31.102. ISSUANCE OF INTERPRETIVE STATEMENTS.

  10. Tex. Finance Code Sec. 31.103. ISSUANCE OF OPINION.

  11. Tex. Finance Code Sec. 31.104. EFFECT OF INTERPRETIVE STATEMENT OR OPINION. An interpretive statement or opinion issued under this subchapter does not have the force of law and is not a rule for the purposes of Chapter 2001, Government Code, unless adopted by the finance commission as provided by Chapter 2001, Government Code. An interpretive statement or opinion is an administrative construction of this subtitle or Chapter 12 entitled to great weight if the construction is reasonable and does not conflict with this subtitle or Chapter 12.

  12. Tex. Finance Code Sec. 31.105. EXAMINATION REQUIRED.

  13. Tex. Finance Code Sec. 31.106. COST OF REGULATION. Each state bank shall pay, through the imposition and collection of fees established by the finance commission under Section 31.003(a)(4):

  14. Tex. Finance Code Sec. 31.107. REGULATION AND EXAMINATION OF RELATED ENTITIES.

  15. Tex. Finance Code Sec. 31.108. CALL REPORT; PENALTY.

  16. Tex. Finance Code Sec. 31.201. BANKING COMMISSIONER HEARING; INFORMAL DISPOSITION.

  17. Tex. Finance Code Sec. 31.202. APPEAL OF BANKING COMMISSIONER DECISION OR ORDER. Except as expressly provided otherwise by this subtitle, an appellant may appeal a decision or order of the banking commissioner made under this subtitle or Chapter 12 after a hearing to a district court in Travis County as provided by Section 31.204.

  18. Tex. Finance Code Sec. 31.204. APPEAL TO DISTRICT COURT. A person affected by a final order of the banking commissioner may appeal the final order by filing a petition for judicial review in a district court in Travis County as provided by Chapter 2001, Government Code. A petition for judicial review filed in the district court does not stay or vacate the appealed order unless the court, after notice and hearing, expressly stays or vacates the order.

  19. Tex. Finance Code Sec. 31.301. DISCLOSURE BY DEPARTMENT PROHIBITED.

  20. Tex. Finance Code Sec. 31.3015. DISCLOSURE TO STATE BANKS. The banking commissioner may disclose to a state bank information about an affiliate or third-party service provider of the state bank.

  21. Tex. Finance Code Sec. 31.302. DISCLOSURE TO FINANCE COMMISSION. Confidential information may not be disclosed to a member of the finance commission, and a member of the commission may not be given access to the files and records of the department except that the banking commissioner may disclose to the commission information, files, and records pertinent to a hearing or matter pending before the commission.

  22. Tex. Finance Code Sec. 31.303. DISCLOSURE TO OTHER AGENCIES.

  23. Tex. Finance Code Sec. 31.304. OTHER DISCLOSURE PROHIBITED; PENALTY.

  24. Tex. Finance Code Sec. 31.305. CIVIL DISCOVERY. Civil discovery of confidential information from a person subject to Section 31.304 under subpoena or other legal process must comply with rules adopted under this subtitle and other applicable law. The rules may:

  25. Tex. Finance Code Sec. 31.306. INVESTIGATIVE INFORMATION. Notwithstanding any other law, the banking commissioner may refuse to release information or records in the custody of the department if, in the opinion of the commissioner, release of the information or records might jeopardize an ongoing investigation of potentially unlawful activities.

  26. Tex. Finance Code Sec. 31.307. EMPLOYMENT INFORMATION.

  27. Tex. Finance Code Sec. 31.308. SHAREHOLDER INSPECTION RIGHTS.

Chapter 32

  1. Tex. Finance Code Sec. 32.001. ORGANIZATION AND GENERAL POWERS OF STATE BANK.

  2. Tex. Finance Code Sec. 32.002. CERTIFICATE OF FORMATION OF STATE BANK.

  3. Tex. Finance Code Sec. 32.003. APPLICATION FOR STATE BANK CHARTER; STANDARDS FOR APPROVAL.

  4. Tex. Finance Code Sec. 32.004. NOTICE AND INVESTIGATION OF CHARTER APPLICATION.

  5. Tex. Finance Code Sec. 32.005. PROTEST; HEARING; DECISION ON CHARTER APPLICATION.

  6. Tex. Finance Code Sec. 32.006. ISSUANCE OF CERTIFICATE OF AUTHORITY. A state bank may not engage in the business of banking until it receives a certificate of authority from the banking commissioner. The banking commissioner may not deliver the certificate of authority until the bank has:

  7. Tex. Finance Code Sec. 32.007. DEADLINE TO BEGIN BUSINESS. If the state bank does not open and engage in the business of banking within six months after the date of the granting of its charter, the banking commissioner may forfeit the charter or cancel the conditional approval of application for charter without judicial action.

  8. Tex. Finance Code Sec. 32.008. APPLICATION OF GENERAL CORPORATE LAW.

  9. Tex. Finance Code Sec. 32.009. PARITY BETWEEN STATE AND NATIONAL BANKS.

  10. Tex. Finance Code Sec. 32.010. ADDITIONAL POWERS.

  11. Tex. Finance Code Sec. 32.011. FINANCIAL ACTIVITIES.

  12. Tex. Finance Code Sec. 32.101. AMENDMENT OR RESTATEMENT OF STATE BANK CERTIFICATE OF FORMATION.

  13. Tex. Finance Code Sec. 32.102. ESTABLISHING SERIES OF SHARES.

  14. Tex. Finance Code Sec. 32.103. CHANGE IN OUTSTANDING CAPITAL AND SURPLUS.

  15. Tex. Finance Code Sec. 32.104. CAPITAL NOTES OR DEBENTURES.

  16. Tex. Finance Code Sec. 32.201. CONDUCT OF THE BUSINESS OF BANKING.

  17. Tex. Finance Code Sec. 32.202. HOME OFFICE.

  18. Tex. Finance Code Sec. 32.203. BRANCH OFFICES.

  19. Tex. Finance Code Sec. 32.204. DEPOSIT OR LOAN PRODUCTION OFFICES.

  20. Tex. Finance Code Sec. 32.301. MERGER AUTHORITY.

  21. Tex. Finance Code Sec. 32.302. APPROVAL OF BANKING COMMISSIONER.

  22. Tex. Finance Code Sec. 32.303. RIGHTS OF DISSENTERS FROM MERGER. A shareholder may dissent from the merger to the extent, and by following the procedure provided, by the Business Organizations Code or any rules adopted under this subtitle.

  23. Tex. Finance Code Sec. 32.304. LIMITATION ON CONTROL OF DEPOSITS.

  24. Tex. Finance Code Sec. 32.401. AUTHORITY TO PURCHASE ASSETS.

  25. Tex. Finance Code Sec. 32.402. AUTHORITY TO ACT AS DISBURSING AGENT.

  26. Tex. Finance Code Sec. 32.403. LIQUIDATION OF SELLING INSTITUTION. If the selling financial institution is at any time after the sale of assets voluntarily or involuntarily closed for liquidation by a state or federal regulatory agency, the purchasing bank shall pay to the receiver of the selling institution the balance of the money held by it in trust or on deposit for the selling institution and not yet paid to the depositors and creditors of the selling institution. Without further action the purchasing bank is discharged from all responsibilities to the selling institution and to the selling institution's receiver, depositors, creditors, and shareholders.

  27. Tex. Finance Code Sec. 32.404. PAYMENT TO DEPOSITORS AND CREDITORS. The purchasing bank may pay a depositor or creditor of the selling institution the amount to be paid the person under the terms of the contract of agency by opening an account in the name of the depositor or creditor, crediting the account with the amount to be paid the depositor or creditor under the terms of the agency contract, and mailing or personally delivering a duplicate deposit ticket evidencing the credit to the depositor or creditor at the person's address shown in the records of the selling institution. The relationship between the purchasing bank and the depositor or creditor is that of debtor to creditor only to the extent of the credit reflected by the deposit ticket.

  28. Tex. Finance Code Sec. 32.405. SALE OF ASSETS.

  29. Tex. Finance Code Sec. 32.406. LIMITATION ON CONTROL OF DEPOSITS.

  30. Tex. Finance Code Sec. 32.501. MERGER OR CONVERSION OF STATE BANK INTO ANOTHER FINANCIAL INSTITUTION.

  31. Tex. Finance Code Sec. 32.502. CONVERSION OF FINANCIAL INSTITUTION INTO STATE BANK.

Chapter 33

  1. Tex. Finance Code Sec. 33.001. ACQUISITION OF CONTROL.

  2. Tex. Finance Code Sec. 33.002. APPLICATION REGARDING ACQUISITION OF CONTROL.

  3. Tex. Finance Code Sec. 33.003. HEARING AND DECISION ON ACQUISITION OF CONTROL.

  4. Tex. Finance Code Sec. 33.004. APPEAL FROM ADVERSE DECISION.

  5. Tex. Finance Code Sec. 33.005. EXEMPTIONS. The following acquisitions are exempt from Section 33.001:

  6. Tex. Finance Code Sec. 33.006. OBJECTION TO OTHER TRANSFER. This subchapter does not prevent the banking commissioner from investigating, commenting on, or seeking to enjoin or set aside a transfer of voting securities that evidence a direct or indirect interest in a state bank, regardless of whether the transfer is governed by this subchapter, if the banking commissioner considers the transfer to be against the public interest.

  7. Tex. Finance Code Sec. 33.007. CIVIL ENFORCEMENT; CRIMINAL PENALTY.

  8. Tex. Finance Code Sec. 33.101. VOTING SECURITIES HELD BY BANK.

  9. Tex. Finance Code Sec. 33.102. BYLAWS. Each state bank shall adopt bylaws and may amend its bylaws for the purposes and according to the procedures provided by the Business Organizations Code.

  10. Tex. Finance Code Sec. 33.103. BOARD OF DIRECTORS.

  11. Tex. Finance Code Sec. 33.104. ADVISORY DIRECTOR.

  12. Tex. Finance Code Sec. 33.105. REQUIRED MONTHLY BOARD MEETING.

  13. Tex. Finance Code Sec. 33.106. OFFICERS.

  14. Tex. Finance Code Sec. 33.107. LIMITATION ON ACTION OF OFFICER OR EMPLOYEE IN RELATION TO ASSET OR LIABILITY. Unless expressly authorized by a resolution of the board recorded in its minutes, an officer or employee may not create or dispose of a bank asset or create or incur a liability on behalf of the bank.

  15. Tex. Finance Code Sec. 33.108. CRIMINAL OFFENSES.

  16. Tex. Finance Code Sec. 33.109. TRANSACTIONS WITH MANAGEMENT AND AFFILIATES.

  17. Tex. Finance Code Sec. 33.201. LIABILITY OF PARTICIPANTS AND MANAGERS.

  18. Tex. Finance Code Sec. 33.204. MANAGEMENT OF LIMITED BANKING ASSOCIATION.

  19. Tex. Finance Code Sec. 33.206. INTEREST IN LIMITED BANKING ASSOCIATION; TRANSFERABILITY OF INTEREST.

  20. Tex. Finance Code Sec. 33.208. DISSOLUTION. The bylaws or the participation agreement may not require automatic termination, dissolution, or suspension of the limited banking association on the death, disability, bankruptcy, expulsion, or withdrawal of a participant, or on the happening of any other event other than the passage of time.

  21. Tex. Finance Code Sec. 33.209. ALLOCATION OF PROFITS AND LOSSES. The profits and losses of a limited banking association may be allocated among the participants and among classes of participants as provided by the participation agreement. Without the prior written approval of the banking commissioner to use a different allocation method, the profits and losses must be allocated according to the relative interests of the participants as reflected in the certificate of formation and related documents filed with and approved by the banking commissioner.

  22. Tex. Finance Code Sec. 33.210. DISTRIBUTIONS. Subject to Section 32.103, distributions of cash or other assets of a limited banking association may be made to the participants as provided by the participation agreement. Without the prior written approval of the banking commissioner to use a different distribution method, distributions must be made to the participants according to the relative interests of the participants as reflected in the certificate of formation and related documents filed with and approved by the banking commissioner.

  23. Tex. Finance Code Sec. 33.211. APPLICATION OF OTHER PROVISIONS TO LIMITED BANKING ASSOCIATIONS. For purposes of the provisions of Subtitle A and this subtitle other than this subchapter, as the context requires:

Chapter 34

  1. Tex. Finance Code Sec. 34.001. DEFINITION. In this subchapter, "bank facility" means real property, including an improvement, that a state bank owns or leases, to the extent the lease or the leasehold improvement is capitalized, for the purpose of:

  2. Tex. Finance Code Sec. 34.002. INVESTMENT IN BANK FACILITIES.

  3. Tex. Finance Code Sec. 34.003. OTHER REAL PROPERTY.

  4. Tex. Finance Code Sec. 34.004. RETENTION OF NONPARTICIPATING ROYALTY INTERESTS.

  5. Tex. Finance Code Sec. 34.101. SECURITIES.

  6. Tex. Finance Code Sec. 34.102. TRANSACTION IN BANK SHARES.

  7. Tex. Finance Code Sec. 34.103. BANK SUBSIDIARIES.

  8. Tex. Finance Code Sec. 34.104. MUTUAL FUNDS.

  9. Tex. Finance Code Sec. 34.105. OTHER DIRECT EQUITY INVESTMENTS.

  10. Tex. Finance Code Sec. 34.106. INVESTMENTS TO PROMOTE COMMUNITY DEVELOPMENT.

  11. Tex. Finance Code Sec. 34.107. ENGAGING IN COMMERCE PROHIBITED.

  12. Tex. Finance Code Sec. 34.201. LENDING LIMITS.

  13. Tex. Finance Code Sec. 34.202. VIOLATION OF LENDING LIMIT.

  14. Tex. Finance Code Sec. 34.203. LOAN EXPENSES AND FEES.

  15. Tex. Finance Code Sec. 34.204. LEASE FINANCING TRANSACTION.

  16. Tex. Finance Code Sec. 34.301. NATURE OF DEPOSIT CONTRACT.

  17. Tex. Finance Code Sec. 34.302. AMENDMENT OF DEPOSIT CONTRACT.

  18. Tex. Finance Code Sec. 34.303. FEES; DISCLOSURES.

  19. Tex. Finance Code Sec. 34.304. SECURING DEPOSITS.

  20. Tex. Finance Code Sec. 34.305. DEPOSIT ACCOUNT OF MINOR.

  21. Tex. Finance Code Sec. 34.306. TRUST ACCOUNT WITH LIMITED DOCUMENTATION.

  22. Tex. Finance Code Sec. 34.307. RIGHT OF SET-OFF.

Chapter 35

  1. Tex. Finance Code Sec. 35.0001. APPLICABILITY TO BANK SUBSIDIARIES. This subchapter applies to a subsidiary of a state bank, a present or former officer, director, or employee of a subsidiary, or a controlling shareholder or other person participating in the affairs of a subsidiary in the same manner as the subchapter applies to a state bank, a present or former officer, director, or employee of a state bank, or a controlling shareholder or other person participating in the affairs of a state bank.

  2. Tex. Finance Code Sec. 35.001. DETERMINATION LETTER.

  3. Tex. Finance Code Sec. 35.002. CEASE AND DESIST ORDER.

  4. Tex. Finance Code Sec. 35.003. REMOVAL OR PROHIBITION ORDER.

  5. Tex. Finance Code Sec. 35.0035. REMOVAL OR PROHIBITION ORDERS IN RESPONSE TO CERTAIN CRIMINAL OFFENSES.

  6. Tex. Finance Code Sec. 35.004. HEARING ON PROPOSED ORDER.

  7. Tex. Finance Code Sec. 35.005. EMERGENCY ORDER.

  8. Tex. Finance Code Sec. 35.006. COPY OF LETTER OR ORDER IN BANK RECORDS. A copy of a determination letter, proposed order, emergency order, or final order issued by the banking commissioner under this subchapter shall be immediately brought to the attention of the board of the affected bank, regardless of whether the bank is a party, and filed in the minutes of the board. Each director shall immediately certify to the banking commissioner in writing that the certifying person has read and understood the determination letter, proposed order, emergency order, or final order. The required certification may not be considered an admission of a person in a subsequent legal or administrative proceeding.

  9. Tex. Finance Code Sec. 35.007. EFFECT OF FINAL REMOVAL OR PROHIBITION ORDER.

  10. Tex. Finance Code Sec. 35.0071. APPLICATION FOR RELEASE FROM FINAL REMOVAL OR PROHIBITION ORDER.

  11. Tex. Finance Code Sec. 35.008. LIMITATION ON ACTION. The banking commissioner may not initiate an enforcement action under this subchapter later than the fifth anniversary of the date the banking commissioner discovered or reasonably should have discovered the conduct involved.

  12. Tex. Finance Code Sec. 35.009. ENFORCEMENT BY COMMISSIONER.

  13. Tex. Finance Code Sec. 35.010. ADMINISTRATIVE PENALTY.

  14. Tex. Finance Code Sec. 35.011. PAYMENT OR APPEAL OF ADMINISTRATIVE PENALTY.

  15. Tex. Finance Code Sec. 35.012. CONFIDENTIALITY OF RECORDS. A copy of a notice, correspondence, transcript, pleading, or other document in the records of the department relating to an order issued under this subchapter is confidential and may be released only as provided by Subchapter D, Chapter 31, except that the banking commissioner periodically shall publish all final removal and prohibition orders. The banking commissioner may release a final cease and desist order, a final order imposing an administrative penalty, or information regarding the existence of any of those orders to the public if the banking commissioner concludes that the release would enhance effective enforcement of the order.

  16. Tex. Finance Code Sec. 35.013. COLLECTION OF FEES. The department may sue to enforce the collection of a fee owed to the department under a law administered by the department. In the suit a certificate by the banking commissioner showing the delinquency is prima facie evidence of:

  17. Tex. Finance Code Sec. 35.1001. APPLICABILITY TO BANK SUBSIDIARIES. This subchapter applies to a subsidiary of a state bank, a present or former officer, director, or employee of a subsidiary, or a controlling shareholder or other person participating in the affairs of a subsidiary in the same manner as the subchapter applies to a state bank, a present or former officer, director, or employee of a state bank, or a controlling shareholder or other person participating in the affairs of a state bank.

  18. Tex. Finance Code Sec. 35.101. ORDER OF SUPERVISION.

  19. Tex. Finance Code Sec. 35.102. ORDER OF CONSERVATORSHIP.

  20. Tex. Finance Code Sec. 35.103. NOTICE AND HEARING.

  21. Tex. Finance Code Sec. 35.104. POST-HEARING ORDER.

  22. Tex. Finance Code Sec. 35.105. CONFIDENTIALITY OF RECORDS. An order issued under this subchapter and a copy of a notice, correspondence, transcript, pleading, or other document in the records of the department relating to the order are confidential and may be released only as provided by Subchapter D, Chapter 31, except that the banking commissioner may release to the public an order or information regarding the existence of an order if the banking commissioner concludes that the release would enhance effective enforcement of the order.

  23. Tex. Finance Code Sec. 35.106. AUTHORITY OF SUPERVISOR. During a period of supervision, a bank, without the prior approval of the banking commissioner or the supervisor or as otherwise permitted or restricted by the order of supervision, may not:

  24. Tex. Finance Code Sec. 35.107. AUTHORITY OF CONSERVATOR.

  25. Tex. Finance Code Sec. 35.108. QUALIFICATIONS OF APPOINTEE. The banking commissioner may appoint as a supervisor or conservator any person who in the judgment of the banking commissioner is qualified to serve. The banking commissioner may serve as, or may appoint an employee of the department to serve as, supervisor or conservator.

  26. Tex. Finance Code Sec. 35.109. EXPENSES.

  27. Tex. Finance Code Sec. 35.110. REVIEW OF SUPERVISOR OR CONSERVATOR DECISION.

  28. Tex. Finance Code Sec. 35.111. VENUE.

  29. Tex. Finance Code Sec. 35.112. DURATION. A supervisor or conservator serves for the period necessary to accomplish the purposes of the supervision or conservatorship as intended by this subchapter. A rehabilitated bank shall be returned to its former or new management under conditions reasonable and necessary to prevent recurrence of the conditions causing the supervision or conservatorship.

  30. Tex. Finance Code Sec. 35.113. ADMINISTRATIVE ELECTION OF REMEDIES. The banking commissioner may take any action authorized by Chapter 36 regardless of the existence of supervision or conservatorship. A period of supervision or conservatorship is not required before a bank is closed for liquidation or other remedial action is taken.

  31. Tex. Finance Code Sec. 35.114. RELEASE BEFORE HEARING. This subchapter does not prevent release of the bank from supervision or conservatorship before a hearing if the banking commissioner is satisfied that requirements for abatement have been adequately satisfied.

  32. Tex. Finance Code Sec. 35.201. INAPPLICABILITY. This subchapter does not apply to a financial institution, as that term is defined by Section 201.101, that lawfully maintains its main office or a branch in this state.

  33. Tex. Finance Code Sec. 35.202. INVESTIGATION OF UNAUTHORIZED ACTIVITY.

  34. Tex. Finance Code Sec. 35.203. SUBPOENA AUTHORITY.

  35. Tex. Finance Code Sec. 35.204. ENFORCEMENT OF SUBPOENA.

  36. Tex. Finance Code Sec. 35.205. CONFIDENTIALITY OF SUBPOENAED RECORDS.

  37. Tex. Finance Code Sec. 35.206. EVIDENCE.

  38. Tex. Finance Code Sec. 35.207. CEASE AND DESIST ORDER.

  39. Tex. Finance Code Sec. 35.208. EMERGENCY CEASE AND DESIST ORDER.

  40. Tex. Finance Code Sec. 35.209. JUDICIAL REVIEW OF CEASE AND DESIST ORDER.

  41. Tex. Finance Code Sec. 35.210. VIOLATION OF FINAL CEASE AND DESIST ORDER.

  42. Tex. Finance Code Sec. 35.211. ADMINISTRATIVE PENALTY.

  43. Tex. Finance Code Sec. 35.212. PAYMENT AND APPEAL OF ADMINISTRATIVE PENALTY.

  44. Tex. Finance Code Sec. 35.213. JUDICIAL REVIEW OF ADMINISTRATIVE PENALTY.

Chapter 36

  1. Tex. Finance Code Sec. 36.001. DEFINITION. In this chapter, "administrative expense" means:

  2. Tex. Finance Code Sec. 36.002. REMEDIES EXCLUSIVE.

  3. Tex. Finance Code Sec. 36.003. FEDERAL DEPOSIT INSURANCE CORPORATION AS LIQUIDATOR.

  4. Tex. Finance Code Sec. 36.004. APPOINTMENT OF INDEPENDENT RECEIVER.

  5. Tex. Finance Code Sec. 36.005. SUCCESSION OF TRUST POWERS.

  6. Tex. Finance Code Sec. 36.101. INITIATING VOLUNTARY DISSOLUTION.

  7. Tex. Finance Code Sec. 36.102. FILING RESOLUTIONS WITH BANKING COMMISSIONER. After resolutions to dissolve and liquidate a state bank have been adopted by the bank's board and shareholders, a majority of the directors shall verify and file with the banking commissioner certified copies of:

  8. Tex. Finance Code Sec. 36.103. BANKING COMMISSIONER INVESTIGATION AND CONSENT. The banking commissioner shall review the documentation submitted under Section 36.102 and conduct any necessary investigation or examination. If the proceedings appear to have been properly conducted and the bond to be given by the liquidating agent or committee is adequate for its purposes, the banking commissioner shall consent to dissolution and direct the bank to publish notice of its pending dissolution.

  9. Tex. Finance Code Sec. 36.104. NOTICE OF PENDING DISSOLUTION.

  10. Tex. Finance Code Sec. 36.105. SAFE DEPOSITS AND OTHER BAILMENTS.

  11. Tex. Finance Code Sec. 36.106. OFFICES TO REMAIN OPEN. Unless the banking commissioner directs or consents otherwise, the home office and all branch offices of a state bank initiating voluntary dissolution shall remain open for business during normal business hours until the last date specified in published notices for presentation of claims, withdrawal of accounts, and redemption of property.

  12. Tex. Finance Code Sec. 36.107. FIDUCIARY ACTIVITIES.

  13. Tex. Finance Code Sec. 36.108. FINAL LIQUIDATION.

  14. Tex. Finance Code Sec. 36.109. APPLICATION OF LAW TO BANK IN DISSOLUTION. A state bank in the process of voluntary dissolution and liquidation remains subject to this subtitle and Chapters 11 and 12, including provisions for examination by the banking commissioner, and the bank shall furnish reports required by the banking commissioner.

  15. Tex. Finance Code Sec. 36.110. AUTHORIZATION OF DEVIATION FROM PROCEDURES. The banking commissioner may authorize a deviation from the procedures for voluntary dissolution in this subchapter if the banking commissioner determines that the interests of claimants are not jeopardized by the deviation.

  16. Tex. Finance Code Sec. 36.111. CLOSURE BY BANKING COMMISSIONER FOR INVOLUNTARY DISSOLUTION AND LIQUIDATION. The banking commissioner may close a state bank for involuntary dissolution and liquidation under this chapter if the banking commissioner determines that:

  17. Tex. Finance Code Sec. 36.112. APPLICATION FOR NEW CHARTER. After a state bank's charter has been voluntarily surrendered and canceled, the bank may not resume business or reopen except on application for and approval of a new charter.

  18. Tex. Finance Code Sec. 36.201. ACTION TO CLOSE STATE BANK.

  19. Tex. Finance Code Sec. 36.202. NOTICE AND EFFECT OF CLOSURE; APPOINTMENT OF RECEIVER.

  20. Tex. Finance Code Sec. 36.203. NATURE AND DURATION OF RECEIVERSHIP.

  21. Tex. Finance Code Sec. 36.204. CONTEST OF LIQUIDATION.

  22. Tex. Finance Code Sec. 36.205. NOTICE OF BANK CLOSING.

  23. Tex. Finance Code Sec. 36.206. INVENTORY. As soon as reasonably practicable given the state of bank records and the adequacy of staffing, the receiver shall prepare a comprehensive inventory of the bank's assets for filing with the court. The inventory is open to inspection.

  24. Tex. Finance Code Sec. 36.207. RECEIVER'S TITLE AND PRIORITY.

  25. Tex. Finance Code Sec. 36.208. RIGHTS FIXED. The rights and liabilities of the bank in liquidation and of a depositor, creditor, officer, director, employee, shareholder, agent, or other person interested in the bank's estate are fixed on the date of closing of the bank for liquidation except as otherwise directed by the court or as expressly provided otherwise by this subchapter or Subchapter D.

  26. Tex. Finance Code Sec. 36.209. DEPOSITORIES.

  27. Tex. Finance Code Sec. 36.210. PENDING LAWSUIT.

  28. Tex. Finance Code Sec. 36.211. NEW LAWSUIT.

  29. Tex. Finance Code Sec. 36.212. REQUIRING RECORD OR OTHER PROPERTY IN POSSESSION OF OTHER PERSON.

  30. Tex. Finance Code Sec. 36.213. INJUNCTION IN AID OF LIQUIDATION.

  31. Tex. Finance Code Sec. 36.214. SUBPOENA.

  32. Tex. Finance Code Sec. 36.215. EXECUTORY CONTRACT; ORAL AGREEMENT.

  33. Tex. Finance Code Sec. 36.216. PREFERENCES.

  34. Tex. Finance Code Sec. 36.217. EMPLOYEES OF RECEIVER. The receiver may employ agents, legal counsel, accountants, appraisers, consultants, and other personnel the receiver considers necessary to assist in the performance of the receiver's duties. The receiver may use personnel of the department if the receiver considers the use to be advantageous or desirable. The expense of employing those persons is an administrative expense.

  35. Tex. Finance Code Sec. 36.218. DISPOSAL OF PROPERTY; SETTLING OF CLAIM.

  36. Tex. Finance Code Sec. 36.219. COURT ORDER; NOTICE AND HEARING. If the court requires notice and hearing before entering an order, the court shall set the time and place of the hearing and prescribe whether the notice is to be given by service on specific parties, by publication, or by a combination of those methods. The court may not enter an order requested by a person other than the receiver without notice to the receiver and an opportunity for the receiver to be heard.

  37. Tex. Finance Code Sec. 36.220. RECEIVER'S REPORT; EXPENSES.

  38. Tex. Finance Code Sec. 36.221. COURT-ORDERED AUDIT. The court may order an audit of the books and records of the receiver that relate to the receivership. A report of an audit ordered under this section shall be filed with the court. The receiver shall make the books and records relating to the receivership available to the auditor as required by the court order. The receiver shall pay the expenses of an audit ordered under this section as an administrative expense.

  39. Tex. Finance Code Sec. 36.222. SAFE DEPOSITS AND OTHER BAILMENTS.

  40. Tex. Finance Code Sec. 36.223. FIDUCIARY ACTIVITIES.

  41. Tex. Finance Code Sec. 36.224. DISPOSITION AND MAINTENANCE OF RECORDS.

  42. Tex. Finance Code Sec. 36.225. RECORDS ADMITTED.

  43. Tex. Finance Code Sec. 36.226. RESUMPTION OF BUSINESS.

  44. Tex. Finance Code Sec. 36.227. ASSETS DISCOVERED AFTER CLOSE OF RECEIVERSHIP.

  45. Tex. Finance Code Sec. 36.301. FILING CLAIM.

  46. Tex. Finance Code Sec. 36.302. PROOF OF CLAIM.

  47. Tex. Finance Code Sec. 36.303. JUDGMENT AS PROOF OF CLAIM.

  48. Tex. Finance Code Sec. 36.304. SECURED CLAIM.

  49. Tex. Finance Code Sec. 36.305. UNLIQUIDATED OR UNDETERMINED CLAIM.

  50. Tex. Finance Code Sec. 36.306. SET-OFF.

  51. Tex. Finance Code Sec. 36.307. ACTION ON CLAIM.

  52. Tex. Finance Code Sec. 36.308. OBJECTION TO APPROVED CLAIM. The receiver with court approval shall set a date for objection to an approved claim. On or before that date a depositor, creditor, other claimant, or shareholder of the bank may file an objection to an approved claim. The objection shall be heard and determined by the court. If the objection is sustained, the court shall direct an appropriate modification of the schedule of claims.

  53. Tex. Finance Code Sec. 36.309. APPEAL OF REJECTED CLAIM.

  54. Tex. Finance Code Sec. 36.310. PAYMENT OF CLAIM.

  55. Tex. Finance Code Sec. 36.311. PRIORITY OF CLAIMS AGAINST INSURED BANK. The distribution of assets from the estate of a bank the deposits of which are insured by the Federal Deposit Insurance Corporation or its successor shall be made in the same order of priority as assets would be distributed on liquidation or purchase of assets and assumption of liabilities of a national bank under federal law.

  56. Tex. Finance Code Sec. 36.312. PRIORITY OF CLAIMS AGAINST UNINSURED BANK.

  57. Tex. Finance Code Sec. 36.313. EXCESS ASSETS.

  58. Tex. Finance Code Sec. 36.314. UNCLAIMED PROPERTY. After completion of the liquidation, any unclaimed property remaining in the hands of the receiver shall be tendered to the comptroller as provided by Chapter 74, Property Code.

Chapter 37

  1. Tex. Finance Code Sec. 37.001. DEFINITION. In this chapter, "emergency" means a condition or occurrence that may interfere physically with the conduct of normal business at the offices of a bank or with the conduct of a particular bank operation, or that poses an imminent or existing threat to the safety or security of persons or property, including:

  2. Tex. Finance Code Sec. 37.002. EMERGENCY CLOSING OF OFFICE OR OPERATION BY BANK.

  3. Tex. Finance Code Sec. 37.003. EMERGENCY CLOSING OF OFFICE OR OPERATION BY BANKING COMMISSIONER.

  4. Tex. Finance Code Sec. 37.004. EFFECT OF CLOSING.

  5. Tex. Finance Code Sec. 37.005. LIMITATIONS ON WITHDRAWALS FROM STATE BANK.

  6. Tex. Finance Code Sec. 37.006. FINANCIAL MORATORIUM.

  7. Tex. Finance Code Sec. 37.007. TEMPORARY BRANCH OR OFFICE.

  8. Tex. Finance Code Sec. 37.008. REGULATORY COORDINATION.

Chapter 59

  1. Tex. Finance Code Sec. 59.001. DEFINITIONS. In this subchapter:

  2. Tex. Finance Code Sec. 59.002. SLANDER OR LIBEL OF BANK.

  3. Tex. Finance Code Sec. 59.003. AUTHORITY OF NOTARY PUBLIC. A notary public is not disqualified from taking an acknowledgment or proof of a written instrument as provided by Section 406.016, Government Code, solely because of the person's ownership of stock or a participation interest in or employment by a financial institution that is an interested party to the underlying transaction.

  4. Tex. Finance Code Sec. 59.004. SUCCESSION OF TRUST POWERS.

  5. Tex. Finance Code Sec. 59.005. AGENCY ACTIVITIES.

  6. Tex. Finance Code Sec. 59.006. DISCOVERY OF CUSTOMER RECORDS.

  7. Tex. Finance Code Sec. 59.007. ATTACHMENT, INJUNCTION, EXECUTION, OR GARNISHMENT.

  8. Tex. Finance Code Sec. 59.008. CLAIMS AGAINST CUSTOMERS OF FINANCIAL INSTITUTIONS.

  9. Tex. Finance Code Sec. 59.009. COMPLIANCE REVIEW COMMITTEE.

  10. Tex. Finance Code Sec. 59.010. CONFIDENTIALITY OF ADMINISTRATIVE SUBPOENA.

  11. Tex. Finance Code Sec. 59.011. LENDER LIABILITY FOR CONSTRUCTION.

  12. Tex. Finance Code Sec. 59.012. LOANS FOR DEVELOPMENTS THAT USE HARVESTED RAINWATER. Financial institutions may consider making loans for developments that will use harvested rainwater as the sole source of water supply.

  13. Tex. Finance Code Sec. 59.101. DEFINITION. In this subchapter, "safe deposit company" means a person who maintains and rents safe deposit boxes.

  14. Tex. Finance Code Sec. 59.102. AUTHORITY TO ACT AS SAFE DEPOSIT COMPANY. Any person may be a safe deposit company.

  15. Tex. Finance Code Sec. 59.103. RELATIONSHIP OF SAFE DEPOSIT COMPANY AND RENTER. In a safe deposit transaction the relationship of the safe deposit company and the renter is that of lessor and lessee and landlord and tenant, and the rights and liabilities of the safe deposit company are governed accordingly in the absence of a contract or statute to the contrary. The lessee is considered for all purposes to be in possession of the box and its contents.

  16. Tex. Finance Code Sec. 59.104. DELIVERY OF NOTICE. A notice required by this subchapter to be given to a lessee of a safe deposit box must be in writing and personally delivered or sent by registered or certified mail, return receipt requested, to each lessee at the most recent address of the person according to the records of the safe deposit company.

  17. Tex. Finance Code Sec. 59.105. EFFECT OF SUBCHAPTER ON OTHER LAW. This subchapter does not affect Chapter 151, Estates Code, or another statute of this state governing safe deposit boxes.

  18. Tex. Finance Code Sec. 59.106. ACCESS BY MORE THAN ONE PERSON.

  19. Tex. Finance Code Sec. 59.107. NONEMERGENCY OPENING AND RELOCATION.

  20. Tex. Finance Code Sec. 59.108. EMERGENCY OPENING AND RELOCATION.

  21. Tex. Finance Code Sec. 59.109. TERMINATION OF RENTAL; LIEN; SALE OF CONTENTS.

  22. Tex. Finance Code Sec. 59.110. ROUTING NUMBER ON KEY.

  23. Tex. Finance Code Sec. 59.201. ELECTRONIC TERMINALS AUTHORIZED; SHARING OF ELECTRONIC TERMINAL.

  24. Tex. Finance Code Sec. 59.202. USER FEE FOR SHARED ELECTRONIC TERMINAL.

  25. Tex. Finance Code Sec. 59.301. DEFINITIONS. In this subchapter:

  26. Tex. Finance Code Sec. 59.302. EXCEPTION FOR CERTAIN UNMANNED TELLER MACHINES. This subchapter does not apply to an unmanned teller machine:

  27. Tex. Finance Code Sec. 59.303. APPLICABILITY TO CERTAIN PERSONS WHO ARE NOT OWNERS OR OPERATORS.

  28. Tex. Finance Code Sec. 59.304. CONSTRUCTION OF SUBCHAPTER.

  29. Tex. Finance Code Sec. 59.305. LIGHTING REQUIRED. During the period beginning 30 minutes after sunset and ending 30 minutes before sunrise, lighting shall be provided for:

  30. Tex. Finance Code Sec. 59.306. PERSONS REQUIRED TO PROVIDE LIGHTING.

  31. Tex. Finance Code Sec. 59.307. STANDARDS FOR LIGHTING. The lighting must be at least:

  32. Tex. Finance Code Sec. 59.308. SAFETY EVALUATION.

  33. Tex. Finance Code Sec. 59.309. NOTICE OF SAFETY PRECAUTIONS.

  34. Tex. Finance Code Sec. 59.310. ENFORCEMENT AND RULES.

Chapter 61

  1. Tex. Finance Code Sec. 61.001. SHORT TITLE. This subtitle may be cited as the Texas Savings and Loan Act.

  2. Tex. Finance Code Sec. 61.002. DEFINITIONS. In this subtitle:

  3. Tex. Finance Code Sec. 61.003. CONTROL; SUBSIDIARY.

  4. Tex. Finance Code Sec. 61.004. NOTICE OF HEARING; RIGHT TO RESPOND.

  5. Tex. Finance Code Sec. 61.005. RECORD OF PROCEEDING. On written request by an interested party, the commissioner shall keep a formal record of the proceedings of a hearing under this subtitle.

  6. Tex. Finance Code Sec. 61.006. DECISION OR ORDER.

  7. Tex. Finance Code Sec. 61.007. FEES. The finance commission by rule shall:

Chapter 62

  1. Tex. Finance Code Sec. 62.001. APPLICATION TO INCORPORATE.

  2. Tex. Finance Code Sec. 62.002. ADDITIONAL INCORPORATION REQUIREMENTS FOR CAPITAL STOCK ASSOCIATION.

  3. Tex. Finance Code Sec. 62.003. ADDITIONAL INCORPORATION REQUIREMENTS FOR MUTUAL ASSOCIATION.

  4. Tex. Finance Code Sec. 62.004. APPROVAL OF MANAGING OFFICER.

  5. Tex. Finance Code Sec. 62.005. CORPORATE NAME.

  6. Tex. Finance Code Sec. 62.006. HEARING ON APPLICATION TO INCORPORATE.

  7. Tex. Finance Code Sec. 62.007. DECISION ON APPLICATION TO INCORPORATE; ISSUANCE OF CERTIFICATE OF INCORPORATION.

  8. Tex. Finance Code Sec. 62.008. PREFERENCE FOR LOCAL CONTROL. If an application to incorporate a new association that proposes to locate an office in a community is before the commissioner at the same time as an application to establish an additional office in the same community from an existing association and the principal office of the existing association is located in a county other than the county in which the community is located, the commissioner may give additional weight to the application of the applicant that has the greater degree of control vested in or held by residents of the community.

  9. Tex. Finance Code Sec. 62.009. DEADLINE FOR COMMENCING BUSINESS.

  10. Tex. Finance Code Sec. 62.010. AMENDMENT OF ARTICLES OF INCORPORATION OR BYLAWS.

  11. Tex. Finance Code Sec. 62.011. CHANGE OF OFFICE OR NAME.

  12. Tex. Finance Code Sec. 62.051. PURPOSE OF INCORPORATION. A person may apply to incorporate an association for the purpose of:

  13. Tex. Finance Code Sec. 62.052. INCORPORATION REQUIREMENTS.

  14. Tex. Finance Code Sec. 62.053. DECISION ON APPLICATION; ISSUANCE OF CERTIFICATE OF INCORPORATION.

  15. Tex. Finance Code Sec. 62.101. ORGANIZATIONAL MEETING.

  16. Tex. Finance Code Sec. 62.102. BOARD OF DIRECTORS.

  17. Tex. Finance Code Sec. 62.104. OFFICERS.

  18. Tex. Finance Code Sec. 62.105. INDEMNITY BONDS OF DIRECTORS, OFFICERS, AND EMPLOYEES.

  19. Tex. Finance Code Sec. 62.106. MEETINGS OF MEMBERS AND SHAREHOLDERS.

  20. Tex. Finance Code Sec. 62.107. VOTING RIGHTS.

  21. Tex. Finance Code Sec. 62.151. COMPUTATION OF INCOME; STATEMENT OF CONDITION.

  22. Tex. Finance Code Sec. 62.152. MINIMUM NET WORTH REQUIREMENT. An association shall meet minimum net worth requirements prescribed by rule of the finance commission.

  23. Tex. Finance Code Sec. 62.153. INSURANCE OF SAVINGS ACCOUNTS.

  24. Tex. Finance Code Sec. 62.154. LIMITATION ON ISSUANCE OF SECURITIES. An association may issue a form of stock, share, account, or investment certificate only as authorized by this subtitle.

  25. Tex. Finance Code Sec. 62.155. COMMON STOCK.

  26. Tex. Finance Code Sec. 62.156. PREFERRED STOCK.

  27. Tex. Finance Code Sec. 62.157. SERIES AND CLASSES OF PREFERRED STOCK.

  28. Tex. Finance Code Sec. 62.158. DIVIDENDS ON CAPITAL STOCK. The board of a capital stock association may declare and pay a dividend out of current or retained income, in cash or additional stock, to the holders of record of the stock outstanding on the date the dividend is declared.

  29. Tex. Finance Code Sec. 62.159. USE OF SURPLUS ACCOUNTS AND EXPENSE FUND CONTRIBUTIONS.

  30. Tex. Finance Code Sec. 62.160. USE OF EXPENSE FUND CONTRIBUTIONS.

  31. Tex. Finance Code Sec. 62.201. CONDITIONS FOR CONVERSION.

  32. Tex. Finance Code Sec. 62.202. APPLICATION TO CONVERT.

  33. Tex. Finance Code Sec. 62.203. REVIEW BY COMMISSIONER; APPROVAL. Not later than the 10th day after the date an application to convert is received, the commissioner shall:

  34. Tex. Finance Code Sec. 62.204. HEARING ON APPLICATION.

  35. Tex. Finance Code Sec. 62.205. CONSUMMATION OF CONVERSION. Within three months after the date the commissioner consents to the conversion of an association, the association shall take the action necessary under federal law to convert the association to a federal association.

  36. Tex. Finance Code Sec. 62.206. FILING OF CHARTER OR CERTIFICATE.

  37. Tex. Finance Code Sec. 62.207. EFFECT OF ISSUANCE OF CHARTER. On the issuance of a charter by the Office of the Comptroller of the Currency, the association:

  38. Tex. Finance Code Sec. 62.208. CONTINUATION OF CORPORATE EXISTENCE. After an association is converted to a federal association:

  39. Tex. Finance Code Sec. 62.209. PROPERTY AND OBLIGATIONS OF CONVERTED ASSOCIATION.

  40. Tex. Finance Code Sec. 62.251. APPLICATION TO CONVERT.

  41. Tex. Finance Code Sec. 62.252. ELECTION OF DIRECTORS; EXECUTION AND ACKNOWLEDGMENT OF APPLICATION AND BYLAWS.

  42. Tex. Finance Code Sec. 62.253. REVIEW BY COMMISSIONER; APPROVAL.

  43. Tex. Finance Code Sec. 62.254. APPLICABILITY OF SUBTITLE TO CONVERTED ASSOCIATION.

  44. Tex. Finance Code Sec. 62.301. APPLICATION TO CONVERT TO STATE SAVINGS BANK. An association may apply to the commissioner to convert to a state savings bank by filing an application with the commissioner. The application shall be processed under Subtitle C.

  45. Tex. Finance Code Sec. 62.302. APPLICATION TO CONVERT TO STATE OR NATIONAL BANK OR STATE OR FEDERAL SAVINGS BANK.

  46. Tex. Finance Code Sec. 62.303. REVIEW BY COMMISSIONER; APPROVAL.

  47. Tex. Finance Code Sec. 62.304. FILING OF CHARTER OR CERTIFICATE.

  48. Tex. Finance Code Sec. 62.305. EFFECT OF APPROVAL OF APPLICATION AND ISSUANCE OF CHARTER. On the commissioner's approval of the application for conversion and the appropriate financial institution regulatory agency's issuance of a charter, the bank or savings bank:

  49. Tex. Finance Code Sec. 62.306. CONTINUATION OF CORPORATE EXISTENCE. After an association is converted to a bank or savings bank:

  50. Tex. Finance Code Sec. 62.307. PROPERTY AND OBLIGATIONS OF CONVERTED ASSOCIATION.

  51. Tex. Finance Code Sec. 62.351. AUTHORITY TO REORGANIZE, MERGE, OR CONSOLIDATE.

  52. Tex. Finance Code Sec. 62.352. CONTINUATION OF CORPORATE EXISTENCE; HOME OFFICE OF SURVIVING ENTITY.

  53. Tex. Finance Code Sec. 62.353. NOTICE AND HEARING; CONFIDENTIALITY.

  54. Tex. Finance Code Sec. 62.354. DENIAL BY COMMISSIONER OF PLAN. The commissioner shall issue an order denying the plan if the commissioner finds that:

  55. Tex. Finance Code Sec. 62.401. APPLICABILITY OF SUBCHAPTER.

  56. Tex. Finance Code Sec. 62.402. ADOPTION OF MERGER OR CONSOLIDATION PLAN. The board of directors of the foreign association must adopt the merger or consolidation plan.

  57. Tex. Finance Code Sec. 62.403. NOTICE AND HEARING; CONFIDENTIALITY. If the commissioner considers the domestic association to be in an unsafe condition:

  58. Tex. Finance Code Sec. 62.404. DENIAL BY COMMISSIONER OF APPLICATION. If the surviving association is a foreign association, the commissioner shall deny the application if:

  59. Tex. Finance Code Sec. 62.405. APPROVAL BY COMMISSIONER OF PLAN.

  60. Tex. Finance Code Sec. 62.406. ENFORCEMENT OF CONDITION, RESTRICTION, OR REQUIREMENT ON SURVIVING FOREIGN ASSOCIATION. If the surviving association is a foreign association, the commissioner may enforce a condition, restriction, or requirement on the surviving association that could have been enforced by the state in which the foreign association has its principal place of business if the merger or consolidation had occurred in that state and the surviving association were a domestic association.

  61. Tex. Finance Code Sec. 62.451. AUTHORITY TO MERGE. One or more corporations organized under a law of this state may merge into an association that owns all of the corporations' capital stock if:

  62. Tex. Finance Code Sec. 62.452. ARTICLES OF MERGER.

  63. Tex. Finance Code Sec. 62.453. APPROVAL OF MERGER.

  64. Tex. Finance Code Sec. 62.454. EFFECT OF MERGER.

  65. Tex. Finance Code Sec. 62.455. INAPPLICABILITY OF SUBCHAPTER H. Subchapter H does not apply to a merger under this subchapter.

  66. Tex. Finance Code Sec. 62.501. RESOLUTION TO LIQUIDATE AND DISSOLVE; APPROVAL BY COMMISSIONER.

  67. Tex. Finance Code Sec. 62.502. DISTRIBUTION OF ASSETS.

  68. Tex. Finance Code Sec. 62.503. FINAL REPORT AND ACCOUNTING.

  69. Tex. Finance Code Sec. 62.551. INAPPLICABILITY OF SUBCHAPTER. This subchapter does not apply to a conversion, reorganization, merger, consolidation, or voluntary liquidation under Subchapter E, F, G, H, J, or K.

  70. Tex. Finance Code Sec. 62.552. EFFECT OF SUBCHAPTER ON OTHER LAW. This subchapter does not:

  71. Tex. Finance Code Sec. 62.553. APPLICATION FOR CHANGE OF CONTROL.

  72. Tex. Finance Code Sec. 62.554. APPLICATION FILING FEE.

  73. Tex. Finance Code Sec. 62.555. DENIAL OF APPLICATION.

  74. Tex. Finance Code Sec. 62.556. APPEAL TO COMMISSIONER OF DENIAL.

  75. Tex. Finance Code Sec. 62.557. JUDICIAL REVIEW.

  76. Tex. Finance Code Sec. 62.558. UNAUTHORIZED CHANGE OF CONTROL. If it appears that a change in control may have taken place without approval, the commissioner may call a hearing to determine whether:

  77. Tex. Finance Code Sec. 62.559. CONFIDENTIALITY.

  78. Tex. Finance Code Sec. 62.560. INJUNCTION.

  79. Tex. Finance Code Sec. 62.561. CRIMINAL PENALTY.

Chapter 63

  1. Tex. Finance Code Sec. 63.001. GENERAL CORPORATE POWERS.

  2. Tex. Finance Code Sec. 63.002. ENLARGEMENT OF POWERS. Notwithstanding any other provision of this subtitle, an association may:

  3. Tex. Finance Code Sec. 63.003. POWERS OF FEDERAL ASSOCIATION. A federal association and its members have all the powers, privileges, benefits, immunities, and exemptions provided by the law of this state for an association and the association's members.

  4. Tex. Finance Code Sec. 63.004. POWER TO BORROW.

  5. Tex. Finance Code Sec. 63.005. FISCAL AGENT.

  6. Tex. Finance Code Sec. 63.006. POWER TO ACT UNDER CERTAIN FEDERAL RETIREMENT PLANS. An association or a federal association, to the extent that its charter and applicable federal regulations permit, may:

  7. Tex. Finance Code Sec. 63.007. RIGHT TO ACT TO AVOID LOSS. This subtitle or another statute of this state does not deny an association the right to invest its money, operate a business, manage or deal in property, or take other action during any period that is reasonably necessary to avoid loss on a prior loan or investment or on an obligation created in good faith.

  8. Tex. Finance Code Sec. 63.008. CLOSING PLACE OF BUSINESS. An association or a federal savings and loan association operating in this state may close its place of business at any time its board determines.

  9. Tex. Finance Code Sec. 63.009. EMERGENCY CLOSING.

  10. Tex. Finance Code Sec. 63.010. EFFECT OF CLOSING.

Chapter 64

  1. Tex. Finance Code Sec. 64.001. ADOPTION OF RULES.

  2. Tex. Finance Code Sec. 64.002. CONTENT OF RULES. Rules adopted under this subchapter may include provisions governing:

  3. Tex. Finance Code Sec. 64.003. PROHIBITED TRANSACTIONS. An association may not engage in a transaction that violates a rule adopted under this subchapter.

  4. Tex. Finance Code Sec. 64.021. BORROWER PAYMENT OF LOAN EXPENSES. An association may require a borrower to pay all reasonable expenses incurred in connection with making, closing, disbursing, extending, readjusting, or renewing a loan.

  5. Tex. Finance Code Sec. 64.022. COLLECTION OF LOAN EXPENSES. An expense payment authorized by Section 64.021 may be:

  6. Tex. Finance Code Sec. 64.023. CHARACTER OF LOAN EXPENSE PAYMENTS. An expense payment authorized by Section 64.021 is not interest or compensation charged by an association for the loan of money.

  7. Tex. Finance Code Sec. 64.041. PENALTY FOR PREPAYMENT OR LATE PAYMENT. An association may charge a penalty for a prepayment of or late payment on a loan.

  8. Tex. Finance Code Sec. 64.042. APPLICATION OF PREPAYMENTS TO LOAN INSTALLMENTS. Unless otherwise agreed in writing, an association shall apply:

  9. Tex. Finance Code Sec. 64.061. ADVANCES PAID BY ASSOCIATION.

  10. Tex. Finance Code Sec. 64.062. ADVANCES ARE LIEN ON PROPERTY. A payment under Section 64.061 is a lien against the real property that secures the loan for which it is made.

  11. Tex. Finance Code Sec. 64.063. PAYMENT OF ESTIMATED CHARGES BY BORROWER.

  12. Tex. Finance Code Sec. 64.064. RECORD OF CHARGES. An association shall keep a record of the status of taxes, assessments, insurance premiums, and other charges on real property securing the association's loans.

  13. Tex. Finance Code Sec. 64.081. REQUIRED INVESTMENTS. An association shall maintain in the association's portfolio not less than 15 percent of the association's deposits from its local service area designated under Section 64.082 in:

  14. Tex. Finance Code Sec. 64.082. DESIGNATION OF LOCAL SERVICE AREA.

  15. Tex. Finance Code Sec. 64.083. RULES. The finance commission shall adopt rules to implement this subchapter, including rules that define the categories of loans and investments described by Section 64.081.

  16. Tex. Finance Code Sec. 64.084. WAIVERS. The commissioner may grant a limited-term waiver from the requirements of Section 64.081 if quality loans in the categories described by that section are not available in an association's local service area.

  17. Tex. Finance Code Sec. 64.101. REAL PROPERTY ON WHICH ASSOCIATION FACILITY IS LOCATED. An association may own real property on which a facility used in connection with the operation of the association is located.

  18. Tex. Finance Code Sec. 64.102. DISPOSAL OF OTHER REAL PROPERTY. An association shall dispose of real property, other than real property described by Section 64.101, that is acquired by the association in the course of the association's business not later than the fifth anniversary of the date on which it is acquired unless the commissioner extends the time for disposal.

  19. Tex. Finance Code Sec. 64.103. TRANSACTIONS RELATING TO ASSOCIATION'S REAL PROPERTY. On authorization by the association's board of directors, an association may sell, convey, exchange for other real property, lease, improve, repair, or mortgage real property.

  20. Tex. Finance Code Sec. 64.104. RECORD OF CHARGES ON REAL AND PERSONAL PROPERTY. An association shall keep a record of the status of taxes, assessments, insurance premiums, and other charges on all real and personal property owned by the association.

Chapter 65

  1. Tex. Finance Code Sec. 65.001. LIMITATIONS ON ACCOUNTS. The board of directors of an association may limit the number and value of savings accounts the association may accept.

  2. Tex. Finance Code Sec. 65.002. INVESTMENT IN ACCOUNTS.

  3. Tex. Finance Code Sec. 65.003. SAVINGS CONTRACT.

  4. Tex. Finance Code Sec. 65.004. EVIDENCE OF ACCOUNT. An association shall issue an account book or certificate to the holder of a savings account as evidence of the account.

  5. Tex. Finance Code Sec. 65.005. ACCOUNT OWNERSHIP. Unless an association has acknowledged in writing a pledge of a savings account, the association may treat the holder of record of the account as the owner of the account for all purposes and is unaffected by notice to the contrary.

  6. Tex. Finance Code Sec. 65.006. TRANSFER OF ACCOUNT.

  7. Tex. Finance Code Sec. 65.007. LOST OR DESTROYED ACCOUNT BOOK OR CERTIFICATE.

  8. Tex. Finance Code Sec. 65.008. ACCOUNT WITHDRAWALS.

  9. Tex. Finance Code Sec. 65.009. INTEREST OR DIVIDENDS PAID ON ACCOUNTS.

  10. Tex. Finance Code Sec. 65.010. REDEMPTION OF SAVINGS ACCOUNT.

  11. Tex. Finance Code Sec. 65.011. LIEN ON SAVINGS ACCOUNT.

  12. Tex. Finance Code Sec. 65.012. PRIORITY OF ACCOUNTS; NOTICE OF WITHDRAWAL.

  13. Tex. Finance Code Sec. 65.013. ACCOUNT AS LEGAL INVESTMENT.

  14. Tex. Finance Code Sec. 65.101. ACCOUNT HELD BY MINOR.

  15. Tex. Finance Code Sec. 65.102. ACCOUNT HELD BY MORE THAN ONE PERSON.

  16. Tex. Finance Code Sec. 65.103. JOINT TENANCY ACCOUNT HELD BY HUSBAND AND WIFE.

  17. Tex. Finance Code Sec. 65.104. PLEDGE OF JOINT ACCOUNT.

  18. Tex. Finance Code Sec. 65.105. ACCOUNT HELD BY FIDUCIARY.

  19. Tex. Finance Code Sec. 65.106. TRUST ACCOUNT; UNDISCLOSED TRUST INSTRUMENT.

  20. Tex. Finance Code Sec. 65.107. POWER OF ATTORNEY ACCOUNT.

Chapter 66

  1. Tex. Finance Code Sec. 66.001. GENERAL DUTIES. The Department of Savings and Mortgage Lending and the commissioner shall regulate associations and subsidiaries of associations operating under this subtitle.

  2. Tex. Finance Code Sec. 66.002. ADOPTION OF RULES. The finance commission may adopt rules relating to:

  3. Tex. Finance Code Sec. 66.051. EXAMINATIONS.

  4. Tex. Finance Code Sec. 66.052. ADDITIONAL EXAMINATIONS.

  5. Tex. Finance Code Sec. 66.053. ACCESS TO BOOKS AND RECORDS. The commissioner, a deputy commissioner, or an examiner or auditor of the commissioner shall be given free access to:

  6. Tex. Finance Code Sec. 66.054. SUBPOENA; ADMINISTRATION OF OATH OR AFFIRMATION.

  7. Tex. Finance Code Sec. 66.101. INTERVENTION FOR VIOLATIONS AND UNSAFE AND UNSOUND PRACTICES. The commissioner may intervene in the affairs of an association if the association or a person who participates in the affairs of the association or a subsidiary of the association:

  8. Tex. Finance Code Sec. 66.102. INTERVENTION FOR FILING INAPPROPRIATE INFORMATION. The commissioner may intervene in the affairs of an association if the association or a person who participates in the affairs of the association or a subsidiary of the association files materially false or misleading information in a filing required by Subchapter L, Chapter 62.

  9. Tex. Finance Code Sec. 66.103. INTERVENTION FOR ACTIVITY RESULTING IN ACTUAL OR POTENTIAL LOSS.

  10. Tex. Finance Code Sec. 66.104. INTERVENTION RELATING TO EXAMINATION OF AFFAIRS.

  11. Tex. Finance Code Sec. 66.105. TEMPORARY SUPERVISORY ORDER.

  12. Tex. Finance Code Sec. 66.106. SERVICE OF TEMPORARY SUPERVISORY ORDER.

  13. Tex. Finance Code Sec. 66.107. HEARING ON TEMPORARY SUPERVISORY ORDER; FINAL ORDER.

  14. Tex. Finance Code Sec. 66.108. PLAN OF OPERATION OF ASSOCIATION AFTER ORDER OF TEMPORARY CONSERVATORSHIP.

  15. Tex. Finance Code Sec. 66.109. ENFORCEMENT OF SUPERVISORY ORDER.

  16. Tex. Finance Code Sec. 66.110. STAY OF SUPERVISORY ORDER.

  17. Tex. Finance Code Sec. 66.111. DISCLOSURE OF INFORMATION IN SUPERVISORY ORDER; CONFIDENTIALITY.

  18. Tex. Finance Code Sec. 66.151. PLACEMENT OF ASSOCIATION UNDER CONSERVATORSHIP. If the commissioner does not approve a plan to continue the operation of an association under Section 66.108, the conservator shall continue to manage the affairs of the association unless the temporary conservatorship order is modified or vacated:

  19. Tex. Finance Code Sec. 66.152. DUTIES OF CONSERVATOR.

  20. Tex. Finance Code Sec. 66.153. TERM OF CONSERVATOR. The conservator shall serve until the purposes of the conservatorship are accomplished.

  21. Tex. Finance Code Sec. 66.154. TRANSFER OF MANAGEMENT OF REHABILITATED ASSOCIATION. If the association is rehabilitated, the conservator shall return the management of the association to the association's board under terms that are reasonable and necessary to prevent a recurrence of the conditions that created the need for the conservatorship.

  22. Tex. Finance Code Sec. 66.155. SCOPE OF AUTHORITY OF OTHER PERSONS DURING CONSERVATORSHIP. During the conservatorship, a person who participates in the affairs of the association shall act according to the conservator's instructions and may exercise only the authority that the conservator expressly grants.

  23. Tex. Finance Code Sec. 66.156. COST OF CONSERVATORSHIP.

  24. Tex. Finance Code Sec. 66.157. VENUE. A suit filed against an association or its conservator while a conservatorship order is in effect must be brought in Travis County.

  25. Tex. Finance Code Sec. 66.201. PLACEMENT OF ASSOCIATION UNDER VOLUNTARY SUPERVISORY CONTROL.

  26. Tex. Finance Code Sec. 66.202. POWERS OF SUPERVISORS. A supervisor or deputy supervisor has the powers of a conservator under Subchapter D and any other power established by agreement between the commissioner and the association's board of directors.

  27. Tex. Finance Code Sec. 66.203. COST OF SUPERVISORY CONTROL. The cost of the supervisory control of an association shall be set by the commissioner and paid by the association.

  28. Tex. Finance Code Sec. 66.251. CLOSING OF ASSOCIATION BY BOARD RESOLUTION. An association's board, by resolution and with the commissioner's consent, may close the association and tender to the commissioner for disposition as provided by this subchapter the assets and all the affairs of the association.

  29. Tex. Finance Code Sec. 66.252. CLOSING OF ASSOCIATION BY COMMISSIONER'S ORDER. The commissioner or the commissioner's representative may close an association if the commissioner determines after an examination that:

  30. Tex. Finance Code Sec. 66.253. NOTICE OF CLOSING.

  31. Tex. Finance Code Sec. 66.254. EFFECT OF CLOSING.

  32. Tex. Finance Code Sec. 66.255. HEARING ON COMMISSIONER'S ORDER.

  33. Tex. Finance Code Sec. 66.301. LIQUIDATION OF ASSOCIATION.

  34. Tex. Finance Code Sec. 66.302. REMOVAL OR REPLACEMENT OF LIQUIDATING AGENT.

  35. Tex. Finance Code Sec. 66.303. DUTIES OF LIQUIDATING AGENT.

  36. Tex. Finance Code Sec. 66.304. NOTICE.

  37. Tex. Finance Code Sec. 66.305. PRESENTATION OF CLAIM.

  38. Tex. Finance Code Sec. 66.306. PRIORITY OF CLAIMS. On liquidation of an association, claims for payment have the following priority:

  39. Tex. Finance Code Sec. 66.307. ACTION ON CLAIM.

  40. Tex. Finance Code Sec. 66.308. HEARING ON CLAIM; APPEAL OF ADVERSE DETERMINATION OF CLAIM.

  41. Tex. Finance Code Sec. 66.309. PAYMENT OF FINAL DIVIDEND.

  42. Tex. Finance Code Sec. 66.310. DEPOSIT OF MONEY BY LIQUIDATING AGENT. The liquidating agent shall deposit all unclaimed dividends and all money available for nonclaiming depositors and creditors in one or more state-chartered financial institutions for the benefit of the depositors and creditors entitled to the dividends or money.

  43. Tex. Finance Code Sec. 66.311. PAYMENT OF NONCLAIMING DEPOSITORS AND CREDITORS.

  44. Tex. Finance Code Sec. 66.312. COST OF LIQUIDATION.

  45. Tex. Finance Code Sec. 66.313. FINAL REPORT. After paying a final dividend as provided by Section 66.309 and performing any necessary or proper action in liquidating the association's assets for the benefit of the depositors and creditors of the association, the liquidating agent shall file with the commissioner a final report of the liquidation.

  46. Tex. Finance Code Sec. 66.314. CONTINUED EXISTENCE OF ASSOCIATION FOLLOWING LIQUIDATION. For the purposes of adjusting and settling claims not disposed of during the liquidation, the association continues to exist until the third anniversary of the date the liquidation order is issued.

  47. Tex. Finance Code Sec. 66.315. SPECIAL LIQUIDATING AGENT. At the completion of the liquidation, the commissioner may appoint a special liquidating agent if necessary to adjust and settle undisposed claims.

  48. Tex. Finance Code Sec. 66.316. CLOSING OF LIQUIDATION; ORDER AND LIABILITY.

  49. Tex. Finance Code Sec. 66.317. ADMINISTRATIVE PROCEDURE. The procedures for a contested case hearing under Chapter 2001, Government Code, apply to a hearing set by the commissioner under this subchapter.

  50. Tex. Finance Code Sec. 66.351. PLACEMENT OF CERTAIN ASSOCIATIONS IN RECEIVERSHIP.

  51. Tex. Finance Code Sec. 66.352. DUTIES OF RECEIVER. On appointment, the receiver shall:

  52. Tex. Finance Code Sec. 66.353. COMPENSATION OF RECEIVER. The receiver is entitled to compensation as determined by the court.

  53. Tex. Finance Code Sec. 66.354. EFFECT OF RECEIVERSHIP ON COMMISSIONER AND LIQUIDATING AGENT.

  54. Tex. Finance Code Sec. 66.355. RECEIPT OF ITEMS AS EVIDENCE IN RECEIVERSHIP PROCEEDING; CERTIFICATION.

  55. Tex. Finance Code Sec. 66.356. TITLE AND CUSTODY OF ASSOCIATION'S ASSETS.

  56. Tex. Finance Code Sec. 66.401. DERIVATIVE SUIT.

  57. Tex. Finance Code Sec. 66.402. PAYMENT OF INSURED DEPOSIT LIABILITIES BY FDIC. If the Federal Deposit Insurance Corporation pays the insured deposit liabilities of an association that has been closed or is being liquidated under this chapter, regardless of whether the Federal Deposit Insurance Corporation has become receiver or liquidating agent, the Federal Deposit Insurance Corporation is subrogated, to the extent of the payment, to all rights that the owners of the savings accounts or deposits have against the association.

  58. Tex. Finance Code Sec. 66.403. ENFORCEABILITY OF LOAN PROMISE OR AGREEMENT MADE BY ASSOCIATION BEFORE CONSERVATORSHIP OR SUPERVISORY CONTROL. If a promise or agreement to lend money is not otherwise unenforceable under Chapter 26, Business & Commerce Code, and if the promise or agreement is made by the association before the association is placed under conservatorship or supervisory control, the promise or agreement or a memorandum of the promise or agreement is enforceable against the association only if the promise or agreement or memorandum:

Chapter 67

  1. Tex. Finance Code Sec. 67.001. LIMITATION ON RIGHT TO DO BUSINESS AS SAVINGS AND LOAN ASSOCIATION.

  2. Tex. Finance Code Sec. 67.002. APPLICATION OF LAW AND RULES. This subtitle and each rule adopted under this subtitle apply to the operations in this state of a foreign association and may be enforced by the commissioner.

  3. Tex. Finance Code Sec. 67.003. CONTRACTS CONSTRUED UNDER LAW OF THIS STATE. A contract between a foreign association and a resident of this state is governed by the laws of this state.

  4. Tex. Finance Code Sec. 67.004. FEDERAL ASSOCIATIONS. A federal association is not a foreign corporation or foreign association for purposes of this subtitle.

  5. Tex. Finance Code Sec. 67.101. POWERS OF FOREIGN ASSOCIATION; ELIGIBILITY OF ACCOUNTS FOR INVESTMENT.

  6. Tex. Finance Code Sec. 67.201. RENEWAL OF CERTIFICATE. A foreign association may renew a certificate of authority by paying a renewal fee in January of each year. The finance commission by resolution shall set the fee annually.

  7. Tex. Finance Code Sec. 67.202. REVOCATION OF CERTIFICATE.

  8. Tex. Finance Code Sec. 67.301. FREQUENCY OF EXAMINATION. A foreign association may not be examined more than once each year.

  9. Tex. Finance Code Sec. 67.302. EXAMINATION CHARGES. A foreign association holding a certificate of authority shall pay:

  10. Tex. Finance Code Sec. 67.303. AGREEMENT WITH REGULATORY AUTHORITY OF OTHER STATE.

  11. Tex. Finance Code Sec. 67.304. COMMISSIONER'S AUTHORITY TO ISSUE ORDERS. The commissioner may issue an order against a foreign association holding a certificate of authority in the same manner provided by Chapter 66 for issuance of an order against a domestic association.

Chapter 89

  1. Tex. Finance Code Sec. 89.001. APPLICABILITY OF CHAPTER 4, BUSINESS & COMMERCE CODE. Chapter 4, Business & Commerce Code, applies to an association with respect to an item paid, collected, settled, negotiated, or otherwise handled by the association for a customer.

  2. Tex. Finance Code Sec. 89.002. ACKNOWLEDGMENT OR PROOF TAKEN BY MEMBER, STOCKHOLDER, OR EMPLOYEE OF ASSOCIATION. A public officer who is qualified to take an acknowledgment or proof of a written instrument and who is a member or employee of, or a shareholder in, an association or federal association is not disqualified because of that relationship to the association or federal association from taking an acknowledgment or proof of a written instrument in which an association or federal association is interested.

  3. Tex. Finance Code Sec. 89.003. RENDITION OF CERTAIN PERSONAL PROPERTY FOR AD VALOREM TAXATION.

  4. Tex. Finance Code Sec. 89.004. INITIATION OF RULEMAKING BY ASSOCIATIONS. The finance commission shall initiate rulemaking proceedings if at least 20 percent of the associations petition the finance commission in writing requesting the adoption, amendment, or repeal of a rule.

  5. Tex. Finance Code Sec. 89.005. EXEMPTION FROM SECURITIES LAWS. A savings account, certificate, or other evidence of an interest in the savings liability of an association or federal association is not considered a security under The Securities Act (Title 12, Government Code). A security of these associations, other than an interest in the savings liability of an association, is not subject to the registration requirements of that act. A person whose principal occupation is being an officer of an association is exempt from the registration and licensing provisions of that act with respect to that person's participation in a sale or other transaction involving securities of the association of which the person is an officer.

  6. Tex. Finance Code Sec. 89.006. LIABILITY OF COMMISSIONER AND OTHER COMMISSION PERSONNEL; DEFENSE BY ATTORNEY GENERAL.

  7. Tex. Finance Code Sec. 89.007. ASSOCIATION AUTHORIZED TO CONDUCT SAVINGS AND LOAN BUSINESS UNDER PRIOR LAW NOW SUBJECT TO SUBTITLE.

  8. Tex. Finance Code Sec. 89.008. OFFICES OF FEDERAL ASSOCIATIONS. A federal association that has been merged, consolidated, or converted into a domestic or foreign savings bank or association is entitled to retain any authorized office under the terms provided for a foreign savings bank under Subchapter I, Chapter 92.

  9. Tex. Finance Code Sec. 89.051. ACCESS TO BOOKS AND RECORDS OF ASSOCIATION.

  10. Tex. Finance Code Sec. 89.052. DISCLOSURE OF INFORMATION HELD BY DEPARTMENT ABOUT AN ASSOCIATION; LIABILITY.

  11. Tex. Finance Code Sec. 89.101. CRIMINAL SLANDER.

  12. Tex. Finance Code Sec. 89.102. GENERAL ADMINISTRATIVE PENALTY.

Chapter 91

  1. Tex. Finance Code Sec. 91.001. SHORT TITLE. This subtitle may be cited as the Texas Savings Bank Act.

  2. Tex. Finance Code Sec. 91.002. DEFINITIONS. In this subtitle:

  3. Tex. Finance Code Sec. 91.003. CONTROL; SUBSIDIARY.

  4. Tex. Finance Code Sec. 91.004. NOTICE OF HEARING; RIGHT TO RESPOND.

  5. Tex. Finance Code Sec. 91.005. RECORD OF PROCEEDING. On written request by an interested party, the commissioner shall keep a formal record of the proceedings of a hearing under this subtitle.

  6. Tex. Finance Code Sec. 91.006. DECISION OR ORDER.

  7. Tex. Finance Code Sec. 91.007. FEES. The finance commission by rule shall:

Chapter 92

  1. Tex. Finance Code Sec. 92.001. APPLICABILITY OF OTHER LAW.

  2. Tex. Finance Code Sec. 92.051. APPLICATION TO INCORPORATE.

  3. Tex. Finance Code Sec. 92.052. ADDITIONAL REQUIREMENTS FOR CAPITAL STOCK SAVINGS BANK.

  4. Tex. Finance Code Sec. 92.053. ADDITIONAL REQUIREMENTS FOR MUTUAL SAVINGS BANK.

  5. Tex. Finance Code Sec. 92.054. MINIMUM INITIAL CAPITAL.

  6. Tex. Finance Code Sec. 92.055. APPROVAL OF MANAGING OFFICER.

  7. Tex. Finance Code Sec. 92.056. CORPORATE NAME.

  8. Tex. Finance Code Sec. 92.057. HEARING ON APPLICATION TO INCORPORATE.

  9. Tex. Finance Code Sec. 92.058. DECISION ON APPLICATION TO INCORPORATE; ISSUANCE OF CERTIFICATE OF INCORPORATION.

  10. Tex. Finance Code Sec. 92.059. JUDICIAL REVIEW.

  11. Tex. Finance Code Sec. 92.060. PREFERENCE FOR LOCAL CONTROL. If more than one application to incorporate a new savings bank or establish an additional office of an existing savings bank in the same community is before the commissioner at the same time, the commissioner may give additional weight to the application of the applicant that has the greater degree of control vested in or held by residents of the community.

  12. Tex. Finance Code Sec. 92.061. DEADLINE FOR COMMENCING BUSINESS.

  13. Tex. Finance Code Sec. 92.062. AMENDMENT OF ARTICLES OF INCORPORATION OR BYLAWS.

  14. Tex. Finance Code Sec. 92.063. CHANGE OF OFFICE OR NAME; ESTABLISHMENT OF ADDITIONAL OFFICES.

  15. Tex. Finance Code Sec. 92.101. PURPOSE OF INCORPORATION. A person may apply to incorporate a savings bank for the purpose of:

  16. Tex. Finance Code Sec. 92.102. INCORPORATION REQUIREMENTS.

  17. Tex. Finance Code Sec. 92.103. DECISION ON APPLICATION; ISSUANCE OF CERTIFICATE OF INCORPORATION.

  18. Tex. Finance Code Sec. 92.151. ORGANIZATIONAL MEETING.

  19. Tex. Finance Code Sec. 92.152. BOARD OF DIRECTORS.

  20. Tex. Finance Code Sec. 92.153. QUALIFICATION OF DIRECTORS.

  21. Tex. Finance Code Sec. 92.154. OFFICERS.

  22. Tex. Finance Code Sec. 92.155. CONFLICTS OF INTEREST.

  23. Tex. Finance Code Sec. 92.156. FINANCIAL INSTITUTION BOND.

  24. Tex. Finance Code Sec. 92.157. MEETINGS OF MEMBERS OR SHAREHOLDERS.

  25. Tex. Finance Code Sec. 92.158. VOTING RIGHTS.

  26. Tex. Finance Code Sec. 92.201. BOOKS AND RECORDS. A savings bank shall maintain its books and records according to generally accepted accounting principles and to rules adopted by the finance commission.

  27. Tex. Finance Code Sec. 92.203. REGULATORY CAPITAL. A savings bank shall maintain regulatory capital in the amount prescribed by rule of the finance commission. The amount may not be less than the amount of regulatory capital required for a corresponding national bank.

  28. Tex. Finance Code Sec. 92.204. QUALIFIED THRIFT LENDER TEST.

  29. Tex. Finance Code Sec. 92.205. COMPUTATION OF INCOME.

  30. Tex. Finance Code Sec. 92.206. INSURANCE OF DEPOSIT ACCOUNTS. A savings bank shall obtain and maintain federal insurance of deposit accounts through an insurance corporation created by an Act of the United States Congress.

  31. Tex. Finance Code Sec. 92.207. LIMITATION ON ISSUANCE OF SECURITIES. A savings bank may issue a form of stock, share, account, or investment certificate only as authorized by this subtitle or as permitted for a national bank, federal savings and loan association, federal savings bank, or state bank.

  32. Tex. Finance Code Sec. 92.208. COMMON STOCK.

  33. Tex. Finance Code Sec. 92.209. PREFERRED STOCK.

  34. Tex. Finance Code Sec. 92.210. SERIES AND CLASSES OF PREFERRED STOCK.

  35. Tex. Finance Code Sec. 92.211. DIVIDENDS ON CAPITAL STOCK.

  36. Tex. Finance Code Sec. 92.212. USE OF SURPLUS ACCOUNTS AND EXPENSE FUND CONTRIBUTIONS.

  37. Tex. Finance Code Sec. 92.213. USE OF EXPENSE FUND CONTRIBUTIONS.

  38. Tex. Finance Code Sec. 92.251. CONDITIONS FOR CONVERSION.

  39. Tex. Finance Code Sec. 92.252. APPLICATION FOR CONVERSION.

  40. Tex. Finance Code Sec. 92.253. ACTION BY COMMISSIONER ON APPLICATION. Not later than the 10th day after the date an application to convert is received, the commissioner shall:

  41. Tex. Finance Code Sec. 92.254. HEARING ON APPLICATION.

  42. Tex. Finance Code Sec. 92.255. CONSUMMATION OF CONVERSION. Within three months after the date of the commissioner's written order consenting to the conversion, the savings bank shall consummate the conversion in the manner prescribed by the applicable law of this state or the United States.

  43. Tex. Finance Code Sec. 92.256. FILING OF CHARTER OR CERTIFICATE.

  44. Tex. Finance Code Sec. 92.257. EFFECT OF ISSUANCE OF CHARTER. On the issuance of a charter by the appropriate banking agency, the savings bank:

  45. Tex. Finance Code Sec. 92.258. CONTINUATION OF CORPORATE EXISTENCE. After a savings bank is converted to another financial institution:

  46. Tex. Finance Code Sec. 92.259. PROPERTY AND OBLIGATIONS OF CONVERTED SAVINGS BANK. The new financial institution:

  47. Tex. Finance Code Sec. 92.301. APPLICATION TO CONVERT.

  48. Tex. Finance Code Sec. 92.302. ELECTION OF DIRECTORS; EXECUTION AND ACKNOWLEDGMENT OF APPLICATION AND BYLAWS.

  49. Tex. Finance Code Sec. 92.303. REVIEW BY COMMISSIONER; APPROVAL.

  50. Tex. Finance Code Sec. 92.304. HEARING ON DENIAL; APPEAL.

  51. Tex. Finance Code Sec. 92.305. CONTINUATION OF CORPORATE EXISTENCE. After another financial institution is converted to a savings bank:

  52. Tex. Finance Code Sec. 92.306. PROPERTY AND OBLIGATIONS OF CONVERTED INSTITUTION.

  53. Tex. Finance Code Sec. 92.307. EFFECT OF CONVERSION ON PENDING LEGAL ACTION.

  54. Tex. Finance Code Sec. 92.308. LOCAL FILING OF CONVERSION ORDER REQUIRED. The savings bank shall file a copy of the order of conversion in each county in which the financial institution that converted owned real property at the time the conversion took effect.

  55. Tex. Finance Code Sec. 92.351. AUTHORITY TO REORGANIZE, MERGE, OR CONSOLIDATE.

  56. Tex. Finance Code Sec. 92.352. NOTICE AND HEARING; CONFIDENTIALITY.

  57. Tex. Finance Code Sec. 92.353. DENIAL BY COMMISSIONER OF PLAN. The commissioner shall issue an order denying the plan if:

  58. Tex. Finance Code Sec. 92.354. ALTERNATIVE OR ADDITIONAL PROCEDURES. If the surviving financial institution is an entity other than a savings bank, the commissioner may accept, in addition to or instead of the requirements of this subchapter, the procedures and decision of the appropriate banking agency with jurisdiction over the surviving financial institution.

  59. Tex. Finance Code Sec. 92.355. CONTINUATION OF CORPORATE EXISTENCE; HOME OFFICE OF SURVIVING ENTITY.

  60. Tex. Finance Code Sec. 92.401. APPLICABILITY OF SUBCHAPTER.

  61. Tex. Finance Code Sec. 92.402. ADOPTION OF MERGER OR CONSOLIDATION PLAN. The board of the foreign savings bank must adopt the merger or consolidation plan.

  62. Tex. Finance Code Sec. 92.403. NOTICE AND HEARING; CONFIDENTIALITY. If the commissioner considers the domestic savings bank to be in an unsafe condition:

  63. Tex. Finance Code Sec. 92.404. DENIAL BY COMMISSIONER OF APPLICATION. If the surviving savings bank is a foreign savings bank, the commissioner shall deny the application if:

  64. Tex. Finance Code Sec. 92.405. APPROVAL BY COMMISSIONER OF PLAN.

  65. Tex. Finance Code Sec. 92.406. ENFORCEMENT OF CONDITION, RESTRICTION, OR REQUIREMENT ON SURVIVING FOREIGN SAVINGS BANK. If the surviving savings bank is a foreign savings bank, the commissioner may enforce a condition, restriction, or requirement on the surviving savings bank that could have been enforced by the state in which the foreign savings bank has its principal place of business if the merger or consolidation had occurred in that state and the surviving savings bank were a domestic savings bank.

  66. Tex. Finance Code Sec. 92.407. MERGER OF FOREIGN SAVINGS AND LOAN ASSOCIATION.

  67. Tex. Finance Code Sec. 92.451. AUTHORITY TO MERGE. One or more corporations organized under the law of this state may merge into a savings bank that owns all the corporations' capital stock if:

  68. Tex. Finance Code Sec. 92.452. ARTICLES OF MERGER.

  69. Tex. Finance Code Sec. 92.453. APPROVAL OF MERGER.

  70. Tex. Finance Code Sec. 92.454. EFFECT OF MERGER.

  71. Tex. Finance Code Sec. 92.455. INAPPLICABILITY OF SUBCHAPTER H. Subchapter H does not apply to a merger under this subchapter.

  72. Tex. Finance Code Sec. 92.501. RESOLUTION TO LIQUIDATE AND DISSOLVE.

  73. Tex. Finance Code Sec. 92.502. DISTRIBUTION OF ASSETS.

  74. Tex. Finance Code Sec. 92.503. FINAL REPORT AND ACCOUNTING.

  75. Tex. Finance Code Sec. 92.551. INAPPLICABILITY OF SUBCHAPTER. This subchapter does not apply to a conversion, reorganization, merger, consolidation, or voluntary liquidation under Subchapter F, G, H, J, or K.

  76. Tex. Finance Code Sec. 92.552. EFFECT OF SUBCHAPTER ON OTHER LAW. This subchapter does not:

  77. Tex. Finance Code Sec. 92.553. APPLICATION FOR CHANGE OF CONTROL.

  78. Tex. Finance Code Sec. 92.554. NOTICE OF APPLICATION.

  79. Tex. Finance Code Sec. 92.555. CONFIDENTIALITY.

  80. Tex. Finance Code Sec. 92.556. DENIAL OF APPLICATION.

  81. Tex. Finance Code Sec. 92.557. NOTICE OF INTENT TO DENY; HEARING.

  82. Tex. Finance Code Sec. 92.558. JUDICIAL REVIEW.

  83. Tex. Finance Code Sec. 92.559. UNAUTHORIZED CHANGE OF CONTROL. If it appears that a change in control may have occurred without prior approval, the commissioner may call a hearing to determine whether:

  84. Tex. Finance Code Sec. 92.560. INJUNCTION.

  85. Tex. Finance Code Sec. 92.561. CRIMINAL PENALTY.

  86. Tex. Finance Code Sec. 92.601. APPLICATION TO ORGANIZE.

  87. Tex. Finance Code Sec. 92.602. LIABILITY OF MEMBERS AND MANAGERS. A member, transferee of a member, or manager of a limited savings bank is not liable for a debt, obligation, or liability of the limited savings bank, including a debt, obligation, or liability under a judgment, decree, or order of a court. A member or a manager of a limited savings bank is not a proper party to a proceeding by or against a limited savings bank unless the object of the proceeding is to enforce a member's or manager's right against or liability to a limited savings bank.

  88. Tex. Finance Code Sec. 92.603. CONTRIBUTIONS. A member of a limited savings bank is obligated to make contributions as required in the company agreement.

  89. Tex. Finance Code Sec. 92.604. MANAGERS OF LIMITED SAVINGS BANK.

  90. Tex. Finance Code Sec. 92.605. WITHDRAWAL OR REDUCTION OF MEMBER'S CONTRIBUTION.

  91. Tex. Finance Code Sec. 92.606. COMPANY AGREEMENT OF LIMITED SAVINGS BANK.

  92. Tex. Finance Code Sec. 92.607. DISSOLUTION.

  93. Tex. Finance Code Sec. 92.608. ALLOCATION OF PROFITS AND LOSSES. The profits and losses of a limited savings bank may be allocated among the members and among classes of members as provided by the company agreement. Without the prior written approval of the commissioner to use a different allocation method, the profits and losses must be allocated according to the relative interests of the members in the limited savings bank.

  94. Tex. Finance Code Sec. 92.609. DISTRIBUTIONS. Subject to rules adopted by the finance commission, distributions of cash or other assets of a limited savings bank may be made to the members as provided by the company agreement. Without the prior written approval of the commissioner to use a different distribution method, distributions must be made to the members according to the relative interests of the members as reflected in the governing documents of the limited savings bank filed with and approved by the commissioner.

  95. Tex. Finance Code Sec. 92.610. AMENDMENT OF GOVERNING DOCUMENTS.

  96. Tex. Finance Code Sec. 92.611. APPLICATION OF OTHER PROVISIONS TO LIMITED SAVINGS BANKS; MISCELLANEOUS PROVISIONS.

Chapter 93

  1. Tex. Finance Code Sec. 93.001. GENERAL CORPORATE POWERS.

  2. Tex. Finance Code Sec. 93.002. ENLARGEMENT OF POWERS.

  3. Tex. Finance Code Sec. 93.003. POWERS OF FEDERAL SAVINGS BANK. A federal savings bank and its members have all of the powers, privileges, benefits, immunities, and exemptions that are provided by the law of this state for a savings bank and the savings bank's members.

  4. Tex. Finance Code Sec. 93.004. POWER TO BORROW.

  5. Tex. Finance Code Sec. 93.005. FISCAL AGENT.

  6. Tex. Finance Code Sec. 93.006. POWER TO ACT UNDER CERTAIN FEDERAL RETIREMENT PLANS. A savings bank or a federal savings bank, to the extent that its charter and applicable federal regulations permit, may:

  7. Tex. Finance Code Sec. 93.007. TRUST POWERS.

  8. Tex. Finance Code Sec. 93.008. POWERS RELATIVE TO OTHER FINANCIAL INSTITUTIONS.

  9. Tex. Finance Code Sec. 93.009. RIGHT TO ACT TO AVOID LOSS.

  10. Tex. Finance Code Sec. 93.010. CLOSING PLACE OF BUSINESS. A savings bank may close its place of business at any time its board of directors determines.

  11. Tex. Finance Code Sec. 93.011. EMERGENCY CLOSING.

  12. Tex. Finance Code Sec. 93.012. EFFECT OF CLOSING.

Chapter 94

  1. Tex. Finance Code Sec. 94.001. LOANS TO ONE BORROWER.

  2. Tex. Finance Code Sec. 94.002. COMMERCIAL LOANS.

  3. Tex. Finance Code Sec. 94.051. BORROWER PAYMENT OF LOAN EXPENSES. Subject to Section 94.052, a savings bank may require a borrower to pay all reasonable expenses incurred in connection with making, closing, disbursing, extending, readjusting, or renewing a loan.

  4. Tex. Finance Code Sec. 94.052. CONSUMER LOANS. In the case of a consumer loan:

  5. Tex. Finance Code Sec. 94.053. COLLECTION OF LOAN EXPENSES. An expense payment authorized by this subchapter may be:

  6. Tex. Finance Code Sec. 94.054. CHARACTER OF LOAN EXPENSE PAYMENTS. An expense payment authorized by this subchapter is not interest or compensation charged by a savings bank for the loan of money.

  7. Tex. Finance Code Sec. 94.101. PENALTY FOR PREPAYMENT OR LATE PAYMENT. A savings bank may charge a penalty for a prepayment of or late payment on a loan.

  8. Tex. Finance Code Sec. 94.102. APPLICATION OF PREPAYMENTS TO LOAN INSTALLMENTS. Unless otherwise agreed in writing, a savings bank shall apply:

  9. Tex. Finance Code Sec. 94.151. ADVANCES PAID BY SAVINGS BANK.

  10. Tex. Finance Code Sec. 94.152. ADVANCES ARE LIEN ON PROPERTY. A payment under Section 94.151 is a lien against the real property that secures the loan for which it is made.

  11. Tex. Finance Code Sec. 94.153. PAYMENT OF ESTIMATED CHARGES BY BORROWER.

  12. Tex. Finance Code Sec. 94.154. RECORD OF CHARGES. A savings bank shall keep a record of the status of taxes, assessments, insurance premiums, and other charges on real property that secures the savings bank's loans.

  13. Tex. Finance Code Sec. 94.251. LIMITATIONS ON INVESTMENT IN EQUITY SECURITIES.

  14. Tex. Finance Code Sec. 94.252. INAPPLICABILITY OF LIMITATIONS. The limitations under Section 94.251 do not apply to an equity security issued by:

  15. Tex. Finance Code Sec. 94.253. RULES. The finance commission may adopt rules necessary to implement this subchapter, including rules relating to eligible investment criteria, investment diversification, and resource management requirements.

  16. Tex. Finance Code Sec. 94.301. AUTHORIZATION. With the prior consent of the commissioner and subject to rules adopted by the finance commission, a savings bank may invest in a subsidiary corporation created under general corporation law.

  17. Tex. Finance Code Sec. 94.302. LIMITATION ON INVESTMENT IN SUBSIDIARIES.

  18. Tex. Finance Code Sec. 94.303. REGULATION AND EXAMINATION OF SUBSIDIARY.

  19. Tex. Finance Code Sec. 94.304. RULES. The finance commission shall adopt rules on permitted activities of a subsidiary corporation in which a savings bank invests under Section 94.301.

  20. Tex. Finance Code Sec. 94.351. INVESTMENT IN BANKING PREMISES. Without prior approval of the commissioner, a savings bank may invest not more than an amount equal to the savings bank's regulatory capital in real property, including a building or related facility, a parking facility, or leasehold improvements for a rented facility, for use by the savings bank as its banking premises.

  21. Tex. Finance Code Sec. 94.352. FORM OF SAVINGS BANK FACILITY. The finance commission by rule adopted under Section 93.002 may approve a new form of savings bank facility or authorize the commissioner to approve a new form of savings bank facility if the commissioner does not have a significant supervisory or regulatory concern regarding the proposed facility.

  22. Tex. Finance Code Sec. 94.353. RECORD OF CHARGES ON REAL AND PERSONAL PROPERTY. A savings bank shall keep a record of the status of taxes, assessments, insurance premiums, and other charges on all real and personal property owned by the savings bank.

Chapter 95

  1. Tex. Finance Code Sec. 95.001. DEPOSITS.

  2. Tex. Finance Code Sec. 95.002. LIMITATIONS ON ACCOUNTS. The board may limit the number and value of deposit accounts the savings bank may accept.

  3. Tex. Finance Code Sec. 95.003. INVESTMENT IN ACCOUNTS.

  4. Tex. Finance Code Sec. 95.004. DEPOSIT CONTRACT.

  5. Tex. Finance Code Sec. 95.005. ACCOUNT OWNERSHIP. Unless a savings bank acknowledges in writing a pledge of a deposit account, the savings bank may treat the holder of record of the account as the owner of the account for all purposes and is unaffected by notice to the contrary.

  6. Tex. Finance Code Sec. 95.006. TRANSFER OF ACCOUNT.

  7. Tex. Finance Code Sec. 95.007. INTEREST OR DIVIDENDS PAID ON ACCOUNTS.

  8. Tex. Finance Code Sec. 95.008. REDEMPTION OF DEPOSIT ACCOUNT.

  9. Tex. Finance Code Sec. 95.009. LIEN ON DEPOSIT ACCOUNT.

  10. Tex. Finance Code Sec. 95.010. ACCOUNT AS LEGAL INVESTMENT.

  11. Tex. Finance Code Sec. 95.011. APPLICABILITY OF ESTATES CODE. The applicable provisions of Subchapter B, Chapter 111, and Chapters 112 and 113, Estates Code, govern deposit accounts held in a savings bank.

  12. Tex. Finance Code Sec. 95.101. ACCOUNT HELD BY MINOR.

  13. Tex. Finance Code Sec. 95.102. PLEDGE OF JOINT ACCOUNT.

  14. Tex. Finance Code Sec. 95.103. ACCOUNT HELD BY FIDUCIARY.

  15. Tex. Finance Code Sec. 95.104. TRUST ACCOUNT: UNDISCLOSED TRUST INSTRUMENT.

  16. Tex. Finance Code Sec. 95.105. POWER OF ATTORNEY ACCOUNT.

Chapter 96

  1. Tex. Finance Code Sec. 96.001. GENERAL DUTIES. The Department of Savings and Mortgage Lending and the commissioner shall regulate savings banks and subsidiaries of savings banks operating under this subtitle.

  2. Tex. Finance Code Sec. 96.002. ADOPTION OF RULES.

  3. Tex. Finance Code Sec. 96.051. ANNUAL AUDIT.

  4. Tex. Finance Code Sec. 96.053. REPORTS.

  5. Tex. Finance Code Sec. 96.054. EXAMINATIONS.

  6. Tex. Finance Code Sec. 96.055. ADDITIONAL EXAMINATIONS.

  7. Tex. Finance Code Sec. 96.0551. REGULATION AND EXAMINATION OF CERTAIN RELATED ENTITIES.

  8. Tex. Finance Code Sec. 96.056. ACCESS TO BOOKS AND RECORDS. The commissioner, a deputy commissioner, or an examiner or auditor of the commissioner shall be given free access to:

  9. Tex. Finance Code Sec. 96.057. SUBPOENA; ADMINISTRATION OF OATH OR AFFIRMATION.

  10. Tex. Finance Code Sec. 96.101. INTERVENTION FOR VIOLATIONS AND UNSAFE AND UNSOUND PRACTICES.

  11. Tex. Finance Code Sec. 96.102. INTERVENTION FOR FILING INAPPROPRIATE INFORMATION. The commissioner may intervene in the affairs of a savings bank if the savings bank or a person who participates in the affairs of the savings bank or a subsidiary or holding company of the savings bank files materially false or misleading information in a filing required by Subchapter L, Chapter 92.

  12. Tex. Finance Code Sec. 96.103. INTERVENTION FOR ACTIVITY RESULTING IN ACTUAL OR POTENTIAL FINANCIAL LOSS.

  13. Tex. Finance Code Sec. 96.104. INTERVENTION RELATING TO EXAMINATION OF AFFAIRS.

  14. Tex. Finance Code Sec. 96.105. TEMPORARY SUPERVISORY ORDER.

  15. Tex. Finance Code Sec. 96.106. SERVICE OF TEMPORARY SUPERVISORY ORDER.

  16. Tex. Finance Code Sec. 96.107. HEARING ON TEMPORARY SUPERVISORY ORDER; FINAL ORDER.

  17. Tex. Finance Code Sec. 96.108. PLAN OF OPERATION OF SAVINGS BANK AFTER ORDER OF TEMPORARY CONSERVATORSHIP.

  18. Tex. Finance Code Sec. 96.109. ENFORCEMENT OF SUPERVISORY ORDER.

  19. Tex. Finance Code Sec. 96.110. STAY OF SUPERVISORY ORDER.

  20. Tex. Finance Code Sec. 96.111. DISCLOSURE OF INFORMATION IN SUPERVISORY ORDER; CONFIDENTIALITY.

  21. Tex. Finance Code Sec. 96.151. PLACEMENT OF SAVINGS BANK UNDER CONSERVATORSHIP. If the commissioner does not approve a plan to continue the operation of a savings bank under Section 96.108, the conservator shall continue to manage the affairs of the savings bank unless the temporary conservatorship order is modified or vacated:

  22. Tex. Finance Code Sec. 96.152. DUTIES OF CONSERVATOR.

  23. Tex. Finance Code Sec. 96.153. TERM OF CONSERVATOR. The conservator shall serve until the purposes of the conservatorship are accomplished.

  24. Tex. Finance Code Sec. 96.154. TRANSFER OF MANAGEMENT OF REHABILITATED SAVINGS BANK. If the savings bank is rehabilitated to the satisfaction of the commissioner, the conservator shall return the management of the savings bank to the savings bank's board under terms that are reasonable and necessary to prevent a recurrence of the conditions that created the need for conservatorship.

  25. Tex. Finance Code Sec. 96.155. SCOPE OF AUTHORITY OF OTHER PERSONS DURING CONSERVATORSHIP. During the conservatorship, a person who participates in the affairs of the savings bank shall act according to the conservator's instructions and may exercise only the authority that the conservator expressly grants.

  26. Tex. Finance Code Sec. 96.156. LIMITING ORDER DURING CONSERVATORSHIP.

  27. Tex. Finance Code Sec. 96.157. SERVICE OF LIMITING ORDER.

  28. Tex. Finance Code Sec. 96.158. EFFECT OF LIMITING ORDER.

  29. Tex. Finance Code Sec. 96.159. HEARING ON LIMITING ORDER; FINAL ORDER.

  30. Tex. Finance Code Sec. 96.160. STAY OF LIMITING ORDER.

  31. Tex. Finance Code Sec. 96.161. COST OF CONSERVATORSHIP.

  32. Tex. Finance Code Sec. 96.162. VENUE. A suit filed against a savings bank or its conservator while a conservatorship order is in effect must be brought in Travis County.

  33. Tex. Finance Code Sec. 96.201. PLACEMENT OF SAVINGS BANK UNDER VOLUNTARY SUPERVISORY CONTROL.

  34. Tex. Finance Code Sec. 96.202. POWERS OF SUPERVISORS. A supervisor or deputy supervisor has the powers of a conservator under Subchapter D and any other power established by agreement between the commissioner and the savings bank's board of directors.

  35. Tex. Finance Code Sec. 96.203. COST OF SUPERVISORY CONTROL. The cost of the supervisory control of a savings bank shall be set by the commissioner and paid by the savings bank.

  36. Tex. Finance Code Sec. 96.251. CLOSING OF SAVINGS BANK BY BOARD RESOLUTION. A savings bank's board, by resolution and with the commissioner's consent, may close the savings bank and tender to the commissioner for disposition as provided by this subchapter the assets and all the affairs of the savings bank.

  37. Tex. Finance Code Sec. 96.252. CLOSING OF SAVINGS BANK BY COMMISSIONER'S ORDER. The commissioner or the commissioner's representative may close a savings bank if the commissioner determines after an examination that:

  38. Tex. Finance Code Sec. 96.253. EFFECT OF CLOSING.

  39. Tex. Finance Code Sec. 96.254. HEARING ON COMMISSIONER'S ORDER.

  40. Tex. Finance Code Sec. 96.301. LIQUIDATION OF SAVINGS BANK.

  41. Tex. Finance Code Sec. 96.302. REMOVAL OR REPLACEMENT OF LIQUIDATING AGENT.

  42. Tex. Finance Code Sec. 96.303. DUTIES OF LIQUIDATING AGENT.

  43. Tex. Finance Code Sec. 96.304. NOTICE.

  44. Tex. Finance Code Sec. 96.305. PRESENTATION OF CLAIM.

  45. Tex. Finance Code Sec. 96.306. PRIORITY OF CLAIMS. When a savings bank is liquidated, claims for payment have the same priority that similar claims have when a federal savings bank is liquidated under federal law.

  46. Tex. Finance Code Sec. 96.307. ACTION ON CLAIM.

  47. Tex. Finance Code Sec. 96.308. HEARING ON CLAIM; APPEAL OF ADVERSE DETERMINATION OF CLAIM.

  48. Tex. Finance Code Sec. 96.309. PAYMENT OF FINAL DIVIDEND.

  49. Tex. Finance Code Sec. 96.310. DEPOSIT OF MONEY BY LIQUIDATING AGENT. The liquidating agent shall deposit all unclaimed dividends and all money available for nonclaiming deposit account holders and creditors in one or more state-chartered financial institutions for the benefit of the deposit account holders and creditors entitled to the dividends or money.

  50. Tex. Finance Code Sec. 96.311. PAYMENT OF NONCLAIMING DEPOSIT ACCOUNT HOLDERS AND CREDITORS.

  51. Tex. Finance Code Sec. 96.312. COST OF LIQUIDATION.

  52. Tex. Finance Code Sec. 96.313. FINAL REPORT. After paying a final dividend as provided by Section 96.309 and performing any necessary or proper action in liquidating the savings bank's assets for the benefit of the deposit account holders and creditors of the savings bank, the liquidating agent shall file with the commissioner a final report of the liquidation.

  53. Tex. Finance Code Sec. 96.314. CONTINUED EXISTENCE OF SAVINGS BANK FOLLOWING LIQUIDATION. For the purpose of adjusting and settling claims not disposed of during the liquidation, the savings bank continues to exist until the third anniversary of the date on which the liquidation order is issued.

  54. Tex. Finance Code Sec. 96.315. SPECIAL LIQUIDATING AGENT. At the completion of the liquidation, the commissioner may appoint a special liquidating agent if necessary to adjust and settle undisposed claims.

  55. Tex. Finance Code Sec. 96.316. CLOSING OF LIQUIDATION; ORDER AND LIABILITY.

  56. Tex. Finance Code Sec. 96.317. ADMINISTRATIVE PROCEDURE. The procedures for a contested case hearing under Chapter 2001, Government Code, apply to a hearing set by the commissioner under this subchapter.

  57. Tex. Finance Code Sec. 96.351. DISCLOSURE BY DEPARTMENT PROHIBITED. Except as otherwise provided by this subtitle or a rule adopted under this subtitle, the following are confidential and may not be disclosed by the commissioner or an examiner, supervisor, conservator, liquidator, inspector, deputy, or assistant clerk or other employee of the Department of Savings and Mortgage Lending who is appointed or acting under this subtitle:

  58. Tex. Finance Code Sec. 96.352. DISCLOSURE TO OTHER AGENCIES. This subchapter does not prevent the proper exchange of information relating to savings banks with a representative of a regulatory authority of another state or any other department, agency, or instrumentality of this or another state or the United States if the commissioner determines the disclosure of the information is necessary or proper to enforce the laws of this or another state or the United States.

  59. Tex. Finance Code Sec. 96.353. OTHER DISCLOSURE PROHIBITED.

  60. Tex. Finance Code Sec. 96.354. CIVIL DISCOVERY. Discovery of confidential information from a person subject to this subchapter under subpoena or other legal process must comply with rules adopted under this subtitle. The rules may:

  61. Tex. Finance Code Sec. 96.355. INVESTIGATIVE INFORMATION.

  62. Tex. Finance Code Sec. 96.356. EXAMINATION REPORT. Unless the commissioner determines that a good reason exists to make the report public, a report of an examination made to the commissioner is confidential.

  63. Tex. Finance Code Sec. 96.357. REMOVAL FOR VIOLATION. A person who violates this subchapter or who wilfully makes a false official report on the condition of a financial institution shall be removed from office or further employment with the Department of Savings and Mortgage Lending.

  64. Tex. Finance Code Sec. 96.401. DERIVATIVE SUIT.

  65. Tex. Finance Code Sec. 96.402. PAYMENT OF INSURED DEPOSIT LIABILITIES BY FDIC. If the Federal Deposit Insurance Corporation pays the insured deposit liabilities of a savings bank that has been closed or is being liquidated under this chapter, regardless of whether the Federal Deposit Insurance Corporation has become receiver or liquidating agent, the Federal Deposit Insurance Corporation is subrogated, to the extent of the payment, to all rights that the owners of the deposit accounts have against the savings bank.

  66. Tex. Finance Code Sec. 96.403. ENFORCEABILITY OF LOAN PROMISE OR AGREEMENT MADE BY SAVINGS BANK BEFORE CONSERVATORSHIP OR SUPERVISORY CONTROL. If a promise or agreement to lend money is not otherwise unenforceable under Chapter 26, Business & Commerce Code, and if the promise or agreement is made by the savings bank before the savings bank is placed under conservatorship or supervisory control, the promise or agreement or a memorandum of the promise or agreement is enforceable against the savings bank only if the promise or agreement or memorandum:

  67. Tex. Finance Code Sec. 96.404. INTEREST IN SAVINGS BANK PROHIBITED FOR DEPARTMENT.

  68. Tex. Finance Code Sec. 96.405. PERMITTED TRANSACTIONS FOR DEPARTMENT RELATING TO SAVINGS BANK.

Chapter 97

  1. Tex. Finance Code Sec. 97.001. RULES.

  2. Tex. Finance Code Sec. 97.002. REGISTRATION.

  3. Tex. Finance Code Sec. 97.003. RELEASE FROM REGISTRATION. The commissioner, on the commissioner's own motion or on application, may release a registered holding company from the registration if the commissioner determines that the company no longer controls a savings bank.

  4. Tex. Finance Code Sec. 97.004. REPORTS.

  5. Tex. Finance Code Sec. 97.005. BOOKS AND RECORDS. Each holding company shall maintain books and records as required by the commissioner.

  6. Tex. Finance Code Sec. 97.006. EXAMINATIONS.

  7. Tex. Finance Code Sec. 97.007. AGENT FOR SERVICE OF PROCESS. The commissioner may require a holding company or a person, other than a corporation, connected with a holding company to execute and file an irrevocable appointment of agent for service of process on a form prescribed by the commissioner.

  8. Tex. Finance Code Sec. 97.051. REORGANIZATION TO BECOME MUTUAL HOLDING COMPANY.

  9. Tex. Finance Code Sec. 97.052. APPLICATION FOR APPROVAL OF REORGANIZATION. The application for approval of reorganization must contain:

  10. Tex. Finance Code Sec. 97.053. PLAN OF REORGANIZATION.

Chapter 98

  1. Tex. Finance Code Sec. 98.001. LIMITATION ON RIGHT TO DO BUSINESS AS SAVINGS BANK.

  2. Tex. Finance Code Sec. 98.002. APPLICATION OF LAW AND RULES. This subtitle and each rule adopted under this subtitle apply to the operations in this state of a foreign savings bank and may be enforced by the commissioner.

  3. Tex. Finance Code Sec. 98.003. CONTRACTS CONSTRUED UNDER LAW OF THIS STATE. A contract between a foreign savings bank and a resident of this state is governed by the laws of this state.

  4. Tex. Finance Code Sec. 98.004. FEDERAL SAVINGS BANK. A federal savings bank is not a foreign corporation or foreign savings bank for purposes of this subtitle.

  5. Tex. Finance Code Sec. 98.005. AUTHORIZATION TO RETAIN OFFICES. A federal savings bank that has been merged, consolidated, or converted into a domestic or foreign savings bank or association is entitled to retain any authorized office under the terms provided for a foreign savings bank under Subchapter I, Chapter 92.

  6. Tex. Finance Code Sec. 98.101. POWERS OF FOREIGN SAVINGS BANK; ELIGIBILITY OF ACCOUNTS FOR INVESTMENT.

  7. Tex. Finance Code Sec. 98.201. RENEWAL OF CERTIFICATE. A foreign savings bank may renew a certificate of authority issued under Subchapter I, Chapter 92, by paying a renewal fee in January of each year. The finance commission by resolution shall set the fee annually.

  8. Tex. Finance Code Sec. 98.202. REVOCATION OF CERTIFICATE.

  9. Tex. Finance Code Sec. 98.301. FREQUENCY OF EXAMINATION. A foreign savings bank holding a certificate of authority issued under Subchapter I, Chapter 92, may be examined not more than once each year.

  10. Tex. Finance Code Sec. 98.302. EXAMINATION CHARGES. A foreign savings bank holding a certificate of authority issued under Subchapter I, Chapter 92, shall pay:

  11. Tex. Finance Code Sec. 98.303. AGREEMENT WITH REGULATORY AUTHORITY OF OTHER STATE.

  12. Tex. Finance Code Sec. 98.304. COMMISSIONER'S AUTHORITY TO ISSUE ORDERS. The commissioner may issue an order against a foreign savings bank holding a certificate of authority in the same manner provided by Chapter 96 for issuance of an order against a domestic savings bank.

Chapter 119

  1. Tex. Finance Code Sec. 119.001. APPLICABILITY OF CHAPTER 4, BUSINESS & COMMERCE CODE. Chapter 4, Business & Commerce Code, applies to a savings bank with respect to an item paid, collected, settled, negotiated, or otherwise handled by the savings bank for a customer.

  2. Tex. Finance Code Sec. 119.002. APPLICABILITY OF SAVINGS AND LOAN LAWS TO SAVINGS BANKS.

  3. Tex. Finance Code Sec. 119.003. ACKNOWLEDGMENT OR PROOF TAKEN BY MEMBER, STOCKHOLDER, OR EMPLOYEE OF SAVINGS BANK. A public officer who is qualified to take an acknowledgment or proof of a written instrument and who is a member or employee of, or a shareholder in, a savings bank or federal savings bank is not disqualified because of that relationship to the savings bank or federal savings bank from taking an acknowledgment or proof of a written instrument in which a savings bank or federal savings bank is interested.

  4. Tex. Finance Code Sec. 119.004. RENDITION OF CERTAIN PERSONAL PROPERTY FOR AD VALOREM TAXATION.

  5. Tex. Finance Code Sec. 119.005. STATE TAXATION OF SAVINGS BANKS. The state shall tax a domestic or federal savings bank doing business in this state in the same manner and to the same extent as a corresponding savings and loan association.

  6. Tex. Finance Code Sec. 119.006. INITIATION OF RULEMAKING BY SAVINGS BANKS. The finance commission shall initiate rulemaking proceedings under Chapter 2001, Government Code, if at least 20 percent of the savings banks petition the finance commission in writing requesting the adoption, amendment, or repeal of a rule.

  7. Tex. Finance Code Sec. 119.007. EXEMPTION FROM SECURITIES LAWS. A deposit account, certificate, or other evidence of an interest in the deposit liability of a savings bank or federal savings bank is not considered a security under The Securities Act (Title 12, Government Code). A security of these savings banks, other than an interest in the deposit liability of a savings bank, is not subject to the registration requirements of that Act. A person whose principal occupation is being an officer of a savings bank is exempt from the registration and licensing provisions of that Act with respect to that person's participation in a sale or other transaction involving securities of the savings bank of which the person is an officer.

  8. Tex. Finance Code Sec. 119.008. LIABILITY OF COMMISSIONER AND OTHER COMMISSION PERSONNEL; DEFENSE BY ATTORNEY GENERAL.

  9. Tex. Finance Code Sec. 119.101. ACCESS TO BOOKS AND RECORDS OF SAVINGS BANK.

  10. Tex. Finance Code Sec. 119.102. PRODUCTION AND ADMISSIBILITY OF ITEMS OF SAVINGS BANK IN JUDICIAL PROCEEDING.

  11. Tex. Finance Code Sec. 119.201. ADMINISTRATIVE PENALTY FOR FAILING TO COMPLY WITH SUBTITLE.

  12. Tex. Finance Code Sec. 119.202. CRIMINAL SLANDER OR LIBEL.

Chapter 121

  1. Tex. Finance Code Sec. 121.001. SHORT TITLE. This subtitle may be cited as the Texas Credit Union Act.

  2. Tex. Finance Code Sec. 121.0011. POLICY. The purposes of this subtitle are to safeguard the public interest, to promote public confidence in credit unions doing business in this state, to provide for the protection of the interests, shares, and deposits of credit unions, to delegate to the department rulemaking and discretionary authority that may be necessary to assure that credit unions operating under this subtitle may be sufficiently flexible and readily responsive to changes in economic conditions and practices, to maintain sound credit union growth and financial integrity, fiscal responsibility, and independent judgment in the management of the business affairs of credit unions, to permit credit unions to effectively provide a full array of financial and financially related services, to provide effective supervision and regulation of credit unions and their fields of membership, and to clarify and modernize the law governing the credit unions doing business in this state. This subtitle is the public policy of this state and necessary to the public welfare.

  3. Tex. Finance Code Sec. 121.002. DEFINITIONS. In this subtitle:

  4. Tex. Finance Code Sec. 121.003. CREDIT UNIONS SUBJECT TO SUBTITLE. A credit union organized and existing under the laws of this state is governed by and authorized to do business under this subtitle.

  5. Tex. Finance Code Sec. 121.004. LIBERAL CONSTRUCTION. This subtitle shall be liberally construed to effect its purposes.

  6. Tex. Finance Code Sec. 121.005. HEARINGS.

  7. Tex. Finance Code Sec. 121.006. PROCEDURE AND RULES APPLICABLE TO CERTAIN PROCEEDINGS.

Chapter 122

  1. Tex. Finance Code Sec. 122.001. APPLICATION TO INCORPORATE.

  2. Tex. Finance Code Sec. 122.002. STANDARD ARTICLES OF INCORPORATION AND BYLAWS.

  3. Tex. Finance Code Sec. 122.003. CORPORATE NAME; CRIMINAL PENALTY.

  4. Tex. Finance Code Sec. 122.004. INVESTIGATION BY COMMISSIONER. The commissioner may conduct an investigation and obtain any information or report from any person, including a law enforcement agency, that the commissioner considers necessary.

  5. Tex. Finance Code Sec. 122.005. PROCEDURE FOR CERTAIN APPROVALS.

  6. Tex. Finance Code Sec. 122.006. DECISION ON APPLICATION TO INCORPORATE; ISSUANCE OF CERTIFICATE.

  7. Tex. Finance Code Sec. 122.007. APPEAL TO COMMISSION.

  8. Tex. Finance Code Sec. 122.008. EFFECT OF ISSUANCE OF CERTIFICATE OF INCORPORATION.

  9. Tex. Finance Code Sec. 122.009. REQUIREMENTS FOR COMMENCING BUSINESS.

  10. Tex. Finance Code Sec. 122.010. DEADLINE FOR COMMENCING BUSINESS.

  11. Tex. Finance Code Sec. 122.011. AMENDMENT OF ARTICLES OF INCORPORATION OR BYLAWS.

  12. Tex. Finance Code Sec. 122.012. PLACE OF BUSINESS.

  13. Tex. Finance Code Sec. 122.013. FOREIGN CREDIT UNIONS.

  14. Tex. Finance Code Sec. 122.0131. TEMPORARY FOREIGN CREDIT UNION OFFICE. If a state contiguous to this state experiences an emergency, on a request by that state's credit union regulatory agency, the commissioner may authorize one or more credit unions located in that state to open temporary offices in this state to more promptly restore credit union services to their members. The commissioner shall issue an order permitting the temporary office and specifying the period the office may remain open. On a finding that the conditions requiring the temporary office continue to exist, the commissioner may extend the period the office may remain open. A credit union may convert a temporary office authorized under this section to a permanent location and operate as a foreign credit union if it qualifies to do business in this state as a foreign credit union under Section 122.013 and commission rules.

  15. Tex. Finance Code Sec. 122.014. UNDERSERVED-AREA CREDIT UNION.

  16. Tex. Finance Code Sec. 122.051. MEMBERSHIP.

  17. Tex. Finance Code Sec. 122.052. MEETINGS OF MEMBERS; VOTING.

  18. Tex. Finance Code Sec. 122.053. BOARD OF DIRECTORS; TERMS AND DUTIES.

  19. Tex. Finance Code Sec. 122.054. QUALIFICATION OF DIRECTORS.

  20. Tex. Finance Code Sec. 122.055. VACANCIES; REMOVAL.

  21. Tex. Finance Code Sec. 122.056. HONORARY OR ADVISORY DIRECTORS.

  22. Tex. Finance Code Sec. 122.057. OFFICERS; EXECUTIVE COMMITTEE.

  23. Tex. Finance Code Sec. 122.058. CHIEF EXECUTIVE OFFICER.

  24. Tex. Finance Code Sec. 122.059. DELEGATION OF MANAGEMENT AND LOAN APPROVAL AUTHORITY.

  25. Tex. Finance Code Sec. 122.060. CERTIFICATE OF ELECTION.

  26. Tex. Finance Code Sec. 122.061. CONFLICTS OF INTEREST.

  27. Tex. Finance Code Sec. 122.062. COMPENSATION. A person may not receive compensation for serving as a director, honorary director, advisory director, or committee member of a credit union, except that the person may be:

  28. Tex. Finance Code Sec. 122.063. BOND. The board shall purchase from a surety company authorized to do business in this state a blanket surety or security bond covering each director, honorary director, advisory director, officer, employee, member of an official committee, attorney, or other agent of the credit union as required by commission rule.

  29. Tex. Finance Code Sec. 122.064. INDEMNIFICATION. A credit union may elect to indemnify a director, officer, employee, or agent of the credit union and to purchase insurance as if the credit union were an "enterprise" as defined by Section 8.001, Business Organizations Code, under and subject to the credit union's bylaws and written policy. A credit union may not provide any indemnification or insurance that would not be permissible under Chapter 8, Business Organizations Code, but may elect to impose the credit union's own limitations on indemnification.

  30. Tex. Finance Code Sec. 122.101. CALL REPORTS.

  31. Tex. Finance Code Sec. 122.102. FINANCIAL REPORTING; AUDITS.

  32. Tex. Finance Code Sec. 122.103. EQUITY CAPITAL. A credit union's equity capital consists of:

  33. Tex. Finance Code Sec. 122.104. NET WORTH RESERVE ALLOCATIONS.

  34. Tex. Finance Code Sec. 122.105. MEMBERSHIP SHARE REDUCTION. A credit union may order a reduction in the membership shares of each of its shareholders if:

  35. Tex. Finance Code Sec. 122.106. EXEMPTION FROM CERTAIN TAXES.

  36. Tex. Finance Code Sec. 122.107. NOTICE OF AVAILABILITY OF CERTAIN DOCUMENTS.

  37. Tex. Finance Code Sec. 122.151. AUTHORITY TO MERGE OR CONSOLIDATE.

  38. Tex. Finance Code Sec. 122.152. APPLICATION TO MERGE OR CONSOLIDATE.

  39. Tex. Finance Code Sec. 122.153. DECISION BY COMMISSIONER; APPEAL.

  40. Tex. Finance Code Sec. 122.1531. CONSIDERATIONS IN DETERMINATION. In determining whether to approve or disapprove the merger or consolidation, the commissioner shall consider the availability and adequacy of financial services in the local community and the effect that the merger or consolidation would have on the local community. The commission by rule shall establish other appropriate criteria that the commissioner must consider in making the determination.

  41. Tex. Finance Code Sec. 122.154. PROPERTY, OBLIGATIONS, AND LIABILITIES OF MERGED OR CONSOLIDATED CREDIT UNION. After a merger or consolidation is effected:

  42. Tex. Finance Code Sec. 122.155. CONSTRUCTION OF SUBCHAPTER. This subchapter shall be construed, when possible, to permit a credit union authorized to do business in this state under other law to merge or consolidate with a credit union authorized to do business under this subtitle.

  43. Tex. Finance Code Sec. 122.156. RULES TO ADDRESS CERTAIN PROCEDURES. The rules adopted under this subchapter must specify in detail the procedures that:

  44. Tex. Finance Code Sec. 122.201. CONVERSION OF STATE CREDIT UNION TO FEDERAL CREDIT UNION.

  45. Tex. Finance Code Sec. 122.202. CONVERSION OF STATE CREDIT UNION TO OUT-OF-STATE CREDIT UNION. A credit union organized under the laws of this state may convert to a credit union under the laws of another state:

  46. Tex. Finance Code Sec. 122.203. CONVERSION OF FEDERAL OR OUT-OF-STATE CREDIT UNION TO STATE CREDIT UNION. A credit union organized under the laws of the United States or of another state may convert to a credit union organized under the laws of this state by complying with:

  47. Tex. Finance Code Sec. 122.251. DEFAMATION.

  48. Tex. Finance Code Sec. 122.252. CONSIDERATION FOR LOAN, INVESTMENT, OR PURCHASE.

  49. Tex. Finance Code Sec. 122.253. LOAN TO NONMEMBER.

  50. Tex. Finance Code Sec. 122.254. FALSE STATEMENTS OR DOCUMENTS; DESTRUCTION OF RECORDS.

  51. Tex. Finance Code Sec. 122.255. DETERMINATION OF MISCONDUCT. The commissioner may determine that an officer, director, honorary director, advisory director, or employee of a credit union, or the credit union itself, acting by and through an officer, director, honorary director, advisory director, or employee, has:

  52. Tex. Finance Code Sec. 122.256. DETERMINATION LETTER; BOARD MEETING.

  53. Tex. Finance Code Sec. 122.257. CEASE AND DESIST ORDER FOR CREDIT UNIONS.

  54. Tex. Finance Code Sec. 122.2575. CEASE AND DESIST ORDER FOR OTHER PERSONS.

  55. Tex. Finance Code Sec. 122.258. REMOVAL ORDER.

  56. Tex. Finance Code Sec. 122.259. HEARING ON APPEAL OF PROPOSED ORDER.

  57. Tex. Finance Code Sec. 122.260. ADMINISTRATIVE PENALTY; INJUNCTION.

  58. Tex. Finance Code Sec. 122.261. CONFIDENTIALITY.

Chapter 123

  1. Tex. Finance Code Sec. 123.001. GENERAL POWERS. A credit union may exercise any power necessary or appropriate to accomplish the purposes for which it is organized and any power granted a corporation authorized to do business in this state, including any power specified in this chapter.

  2. Tex. Finance Code Sec. 123.002. INCIDENTAL POWERS. A credit union may exercise any right, privilege, or incidental power necessary or appropriate to exercise its specific powers and to accomplish the purposes for which it is organized.

  3. Tex. Finance Code Sec. 123.003. ENLARGEMENT OF POWERS.

  4. Tex. Finance Code Sec. 123.101. CONTRACTS. A credit union may make contracts.

  5. Tex. Finance Code Sec. 123.102. POWER TO SUE AND DEFEND. A credit union may sue or be sued in the name of the credit union.

  6. Tex. Finance Code Sec. 123.103. PURCHASE AND SALE OF PROPERTY. Subject to commission rules, a credit union may purchase, hold, lease, or dispose of property necessary or incidental to the operation or purpose of the credit union.

  7. Tex. Finance Code Sec. 123.104. MEMBERSHIP IN OTHER ORGANIZATION; OPERATION AS CENTRAL CREDIT UNION. A credit union may:

  8. Tex. Finance Code Sec. 123.105. FEES.

  9. Tex. Finance Code Sec. 123.106. CHANGE OF LOCATION.

  10. Tex. Finance Code Sec. 123.107. INSURANCE FOR MEMBERS. A credit union may purchase or otherwise provide insurance for the benefit or convenience of its members in accordance with applicable law or rules adopted by the commission.

  11. Tex. Finance Code Sec. 123.108. DONATIONS. A credit union may donate to a nonprofit, civic, charitable, or community organization as authorized by the board.

  12. Tex. Finance Code Sec. 123.109. SEAL. A credit union may adopt and use a common seal and may alter its seal at any time.

  13. Tex. Finance Code Sec. 123.110. RECORDS.

  14. Tex. Finance Code Sec. 123.111. RIGHT TO ACT TO MITIGATE OR AVOID LOSS. This subtitle does not prohibit a credit union from investing its money, operating a business, managing or dealing in property, or taking any other action at any time that is reasonably necessary to avoid or mitigate a loss on a loan or on an investment made or obligation created in good faith and in the usual course of the credit union's business, as authorized by this subtitle or a rule adopted by the commission.

  15. Tex. Finance Code Sec. 123.201. POWER TO BORROW OR LEND.

  16. Tex. Finance Code Sec. 123.202. RECEIPT, TRANSFER, AND PAYMENT OF MONEY. A credit union may:

  17. Tex. Finance Code Sec. 123.203. ACCEPTANCE OF MONEY FOR DEPOSIT FROM ANOTHER ENTITY. A credit union may accept money for deposit by a savings and loan association, a savings association, the savings department of a bank, a commercial bank, a savings bank, a trust company, an insurance company, or any intermediary or other person managing or holding money on behalf of the credit union or any of the credit union's members or depositors.

  18. Tex. Finance Code Sec. 123.204. ACTION AS AGENT OR DEPOSITORY OF UNITED STATES OR OTHER GOVERNMENTAL ENTITY. A credit union may act as agent or depository of and accept for deposit the money of:

  19. Tex. Finance Code Sec. 123.205. INVESTMENTS AND SECURITIES.

  20. Tex. Finance Code Sec. 123.206. ACTION AS FISCAL OR TRANSFER AGENT; TRANSFER OF CERTAIN INSTRUMENTS; SIGNATURES. A credit union may:

  21. Tex. Finance Code Sec. 123.207. FIDUCIARY POWERS. A credit union may:

  22. Tex. Finance Code Sec. 123.208. DIVIDENDS AND INTEREST.

  23. Tex. Finance Code Sec. 123.209. TRANSFER SYSTEM. A credit union may establish, operate, or participate in a system that allows the transfer of credit union money or the shares or deposits of its members by electronic or other means, including a clearinghouse association, a data processing or other electronic network, the Federal Reserve System, or any other government payment or liquidity program.

  24. Tex. Finance Code Sec. 123.210. SALE OF CERTAIN INSTRUMENTS OR SECURITIES; FEE. A credit union may:

  25. Tex. Finance Code Sec. 123.211. CERTIFICATES OF INDEBTEDNESS. The commission by rule may authorize a credit union to issue certificates of indebtedness that are subordinated to all other claims of credit union creditors.

  26. Tex. Finance Code Sec. 123.212. CHECK AND MONEY TRANSFER SERVICES. A credit union may sell to a person within its field of membership negotiable checks, money orders, and other similar money transfer instruments or services and may also cash checks and money orders for a person within its field of membership for a fee.

Chapter 124

  1. Tex. Finance Code Sec. 124.001. AUTHORIZATION. A credit union may make a loan to a member:

  2. Tex. Finance Code Sec. 124.002. LIMITATIONS ON INTEREST RATES. The interest rate on a loan to a member may not exceed:

  3. Tex. Finance Code Sec. 124.003. LIMITATIONS ON LOANS. A credit union may not make a loan to a member or a business interest of the member if the loan would cause the aggregate amount of loans to the member and the member's business interests to exceed:

  4. Tex. Finance Code Sec. 124.004. WRITTEN INSTRUMENT REQUIRED. A credit union loan must be evidenced by a written instrument.

  5. Tex. Finance Code Sec. 124.005. APPLICABILITY OF OTHER LAW. Subtitle B, Title 4, does not apply to a credit union loan or extension of credit unless the agreement that evidences the transaction specifically provides otherwise.

  6. Tex. Finance Code Sec. 124.051. OPEN-END CREDIT PLAN. A credit union may enter into a written agreement with a member under which:

  7. Tex. Finance Code Sec. 124.052. LINE OF CREDIT. A credit union may approve in advance a line of credit and grant advances to a member within the limit of the extension of credit.

  8. Tex. Finance Code Sec. 124.053. ADDITIONAL LOAN APPLICATION NOT REQUIRED. An additional loan application is not required under an open-end credit plan under Section 124.051 or line of credit under Section 124.052 if the aggregate obligation does not exceed a limit of the extension of credit the credit union establishes.

  9. Tex. Finance Code Sec. 124.101. BORROWER PAYMENT OF LOAN EXPENSES. A credit union may require a member to pay all reasonable expenses and fees incurred in connection with making, closing, disbursing, extending, readjusting, or renewing a loan, whether or not those expenses or fees are paid to third parties.

  10. Tex. Finance Code Sec. 124.102. COLLECTION OF LOAN EXPENSES. A payment authorized by Section 124.101 may be:

  11. Tex. Finance Code Sec. 124.103. CHARACTER OF EXPENSE OR FEE. An expense or fee authorized by Section 124.101 is not interest.

  12. Tex. Finance Code Sec. 124.151. PREPAYMENT PRIVILEGE. A loan may be prepaid in whole or in part, without penalty, during regular working hours on any day on which the credit union is open for business, except as provided by Section 124.152.

  13. Tex. Finance Code Sec. 124.152. CONDITIONS FOR PREPAYMENT OF LOAN SECURED BY REAL PROPERTY. A credit union may require a partial prepayment that is made on a loan secured by a lien or mortgage on or other type of security interest in real property to be made:

  14. Tex. Finance Code Sec. 124.153. PENALTY FOR LATE PAYMENT.

  15. Tex. Finance Code Sec. 124.201. AUTHORIZATION. Only if done in accordance with limitations imposed by Section 124.202, a credit union may make a loan or extend a line of credit to:

  16. Tex. Finance Code Sec. 124.202. CONDITIONS OF LOANS. A loan or extension of a line of credit under Section 124.201:

  17. Tex. Finance Code Sec. 124.203. AUTHORIZATION TO ACT AS COMAKER, GUARANTOR, OR ENDORSER. A credit union may permit a director, senior management employee, or member of the credit committee to act as comaker, guarantor, or endorser of a loan to a member only in accordance with limitations imposed by Section 124.204.

  18. Tex. Finance Code Sec. 124.204. PRIOR APPROVAL REQUIRED. The board must give its approval before the credit union permits a director, senior management employee, or member of the credit committee to act as comaker, guarantor, or endorser of a loan to a member if the amount of the loan or aggregate of outstanding loans to the comaker, guarantor, or endorser is greater than the sum of:

  19. Tex. Finance Code Sec. 124.251. ILLEGALITY OF LOAN NOT A DEFENSE. The illegality of a loan is not a defense in a credit union's action to recover on the loan.

  20. Tex. Finance Code Sec. 124.252. ILLEGALITY OF LOAN NOT A BAR TO ENFORCEMENT OR COLLECTION. The illegality of a loan does not prevent enforcement of the loan agreement against or collection of the loan from a person who is otherwise liable on the loan, including:

  21. Tex. Finance Code Sec. 124.301. PARTICIPATION LOANS. A credit union may market and sell participations in loans to members originated by the credit union to another credit union, corporation, or financial organization.

  22. Tex. Finance Code Sec. 124.302. GOVERNMENT LOAN PROGRAMS. A credit union may participate in:

  23. Tex. Finance Code Sec. 124.351. PERMITTED INVESTMENTS.

  24. Tex. Finance Code Sec. 124.352. LIMITATIONS ON INVESTMENTS.

Chapter 125

  1. Tex. Finance Code Sec. 125.001. DEFINITION. In this chapter, "multiple-party account" has the meaning assigned by Section 113.004, Estates Code, except that the term includes an account in which one or more of the parties is an organization, association, corporation, or partnership.

  2. Tex. Finance Code Sec. 125.002. SHARE ACCOUNT.

  3. Tex. Finance Code Sec. 125.003. DEPOSIT ACCOUNTS. A deposit account consists of payments made under an agreement between the credit union and a depositor, including a draft account, checking account, savings account, certificate of deposit, individual development account, or other similar account or arrangement.

  4. Tex. Finance Code Sec. 125.004. CONSTRUCTION WITH OTHER LAWS. This chapter may not be construed to conflict with the laws of the United States or the laws of this state governing the taxation of multiple-party accounts.

  5. Tex. Finance Code Sec. 125.101. FORM OF ACCOUNT.

  6. Tex. Finance Code Sec. 125.102. POWERS OF ACCOUNT HOLDERS.

  7. Tex. Finance Code Sec. 125.103. POWERS OF MEMBERS RELATING TO ACCOUNT. Subject to a policy adopted by the board, a member of a credit union by written notice to the credit union may:

  8. Tex. Finance Code Sec. 125.104. OWNERSHIP INTEREST.

  9. Tex. Finance Code Sec. 125.105. DISCHARGE OF LIABILITY ON PAYMENT. Payment of all or part of a multiple-party account to a party to the account discharges the credit union's liability to each party to the extent of the payment.

  10. Tex. Finance Code Sec. 125.106. DIVISION OF ACCOUNT ON DEATH.

  11. Tex. Finance Code Sec. 125.107. SETOFF OF ACCOUNT. Without qualifying another statutory right to a setoff or lien and subject to a contractual provision accepted by the credit union, a credit union has the right of setoff against the entire amount of a multiple-party account in which a party to the account is indebted to the credit union.

  12. Tex. Finance Code Sec. 125.201. POWERS OF CREDIT UNION RELATING TO ACCOUNT. A credit union may:

  13. Tex. Finance Code Sec. 125.202. VOTING; OFFICE-HOLDING.

  14. Tex. Finance Code Sec. 125.203. DISCHARGE OF LIABILITY ON PAYMENT; EFFECT ON MINOR OF REQUIRED ACTION.

  15. Tex. Finance Code Sec. 125.301. FORM OF ACCOUNT.

  16. Tex. Finance Code Sec. 125.302. LOANS TO NONMEMBER TRUSTEE. Subject to limitations imposed by this subtitle or a rule adopted under this subtitle, a credit union may make a fully secured loan to a nonmember trustee to enable the trustee to perform or assist the trustee in performing the trustee's fiduciary responsibilities.

  17. Tex. Finance Code Sec. 125.303. BENEFICIARY FEES. A beneficiary who is not a member of a credit union is not required to pay a membership entrance fee.

  18. Tex. Finance Code Sec. 125.304. LIMITATIONS PLACED ON BENEFICIARY. A beneficiary who is not a member of a credit union may not vote in matters pertaining to, obtain a loan through, or hold office in the credit union.

  19. Tex. Finance Code Sec. 125.305. ACCOUNT TRANSACTION INQUIRIES. The credit union is not required to inquire of a trustee the reason for a transaction or the intended use for money withdrawn or borrowed.

  20. Tex. Finance Code Sec. 125.306. DISCHARGE OF LIABILITY ON PAYMENT. Payment of all or part of the shares and deposits to a trustee or other person authorized to request present payment on a trust account discharges the liability of the credit union to each settlor, trustee, and beneficiary to the extent of the payment.

  21. Tex. Finance Code Sec. 125.307. TERMINATION OF ACCOUNT. When a trust is terminated, the credit union shall pay money remaining in a trust account as:

  22. Tex. Finance Code Sec. 125.308. EFFECT OF DEATH OF TRUSTEE ON ACCOUNT.

  23. Tex. Finance Code Sec. 125.309. TRUST ACCOUNT WITH LIMITED DOCUMENTATION.

  24. Tex. Finance Code Sec. 125.401. THIRD-PARTY CLAIM.

  25. Tex. Finance Code Sec. 125.402. DISCLOSURE OF RECORDS OF MEMBER; CONFIDENTIALITY.

  26. Tex. Finance Code Sec. 125.403. RECOVERY OF DOCUMENT PRODUCTION EXPENSES FROM THIRD PARTY.

  27. Tex. Finance Code Sec. 125.404. LIENS AND SETOFFS.

  28. Tex. Finance Code Sec. 125.405. ACCOUNT WITHDRAWALS.

  29. Tex. Finance Code Sec. 125.501. RENTAL OF SAFE DEPOSIT BOX. A credit union or federal credit union may maintain and rent safe deposit boxes.

  30. Tex. Finance Code Sec. 125.502. RELATIONSHIP BETWEEN CREDIT UNION AND BOX HOLDER.

  31. Tex. Finance Code Sec. 125.503. ACCESS BY MORE THAN ONE PERSON.

  32. Tex. Finance Code Sec. 125.504. RELOCATION OF SAFE DEPOSIT BOX; INVENTORY OF CONTENTS.

  33. Tex. Finance Code Sec. 125.505. NOTICE OF BOX RELOCATION.

  34. Tex. Finance Code Sec. 125.506. COST OF NOTICE AS BOX RENTAL. The credit union may treat the cost of certified mailings incurred in connection with each safe deposit box relocation other than the cost of the first notice as box rental due and payable at the expiration of the rental term.

  35. Tex. Finance Code Sec. 125.507. EMERGENCY RELOCATION OF SAFE DEPOSIT BOX.

  36. Tex. Finance Code Sec. 125.508. KEY IMPRINTING.

  37. Tex. Finance Code Sec. 125.509. LIABILITY FOR ACCESS TO OR REMOVAL OF CONTENTS. A credit union that has identified the keys to a safe deposit box in accordance with Section 125.508 and that follows applicable law and the credit union's established security procedures in permitting access to the box is not liable for damages arising because of access to or removal of the box's contents.

  38. Tex. Finance Code Sec. 125.510. DELINQUENT RENTS.

  39. Tex. Finance Code Sec. 125.511. AUCTION OF CONTENTS.

Chapter 126

  1. Tex. Finance Code Sec. 126.001. APPOINTMENT OF CONSERVATOR OR LIQUIDATING AGENT. The commissioner may appoint any person, including the share and deposit guaranty corporation or credit union provided for by Section 15.410, as a conservator or a liquidating agent under this chapter.

  2. Tex. Finance Code Sec. 126.002. CONFIDENTIALITY OF INFORMATION.

  3. Tex. Finance Code Sec. 126.003. ENFORCEABILITY OF AGREEMENT MADE BY CREDIT UNION BEFORE CONSERVATORSHIP OR LIQUIDATION. An agreement that tends to diminish or defeat the interest of the conservator or liquidating agent in an asset acquired under this chapter, either as security for a loan or by purchase, is not valid against the conservator or liquidating agent unless the agreement is:

  4. Tex. Finance Code Sec. 126.051. EXAMINATIONS.

  5. Tex. Finance Code Sec. 126.052. ACCESS TO INFORMATION. An officer, director, agent, or employee of a credit union shall give an examiner free access to any information relating to the credit union's business, including access to books, papers, securities, and other records.

  6. Tex. Finance Code Sec. 126.053. WITNESSES; PRODUCTION OF DOCUMENTS.

  7. Tex. Finance Code Sec. 126.054. REPORT OF EXAMINATION.

  8. Tex. Finance Code Sec. 126.055. FEE. The commission may establish and a credit union shall pay a fee based on the cost of performing an examination of the credit union.

  9. Tex. Finance Code Sec. 126.101. CONSERVATORSHIP ORDER; APPOINTMENT OF CONSERVATOR.

  10. Tex. Finance Code Sec. 126.102. SERVICE OF ORDER.

  11. Tex. Finance Code Sec. 126.103. EFFECT OF ORDER. Following service of a conservatorship order:

  12. Tex. Finance Code Sec. 126.105. APPEAL OF ORDER; HEARING.

  13. Tex. Finance Code Sec. 126.106. FAILURE TO APPEAL OR APPEAR. If the board does not appeal the conservatorship order or fails to appear at the hearing provided for by Section 126.105, the credit union is presumed to have consented to the commissioner's disposition action, and the commissioner may dispose of the conservatorship matter as the commissioner considers appropriate.

  14. Tex. Finance Code Sec. 126.107. EXTENSION OF DATE AND TIME FOR HEARING. The parties may agree to extend the date and time of the hearing.

  15. Tex. Finance Code Sec. 126.108. CONFIDENTIALITY; DISCLOSURE. A conservatorship order and a copy of a notice, correspondence, transcript, pleading, or other document relating to the order are confidential and may be disclosed only in a related legal proceeding or as otherwise authorized by law. The commissioner may release to the public information regarding the existence of an order if the commissioner concludes that release of the information would enhance effective enforcement of the order.

  16. Tex. Finance Code Sec. 126.151. CONSERVATOR SUBJECT TO COMMISSION CONTROL. A conservator shall exercise the powers authorized under Sections 126.152-126.154 subject to commission rules and under the commissioner's supervision.

  17. Tex. Finance Code Sec. 126.152. GENERAL POWERS OF CONSERVATOR. The conservator may:

  18. Tex. Finance Code Sec. 126.153. POWERS RELATING TO CLAIMS. The conservator may:

  19. Tex. Finance Code Sec. 126.154. POWER TO REPUDIATE BURDENSOME TRANSACTION. The conservator may repudiate a contract or unexpired lease the conservator considers burdensome to the credit union.

  20. Tex. Finance Code Sec. 126.155. POWER TO PROTECT, PRESERVE, AND RECOVER PROPERTY.

  21. Tex. Finance Code Sec. 126.156. DUTIES OF CONSERVATOR. The conservator shall:

  22. Tex. Finance Code Sec. 126.157. TERM OF CONSERVATOR. The conservator shall serve until the purposes of the conservatorship are accomplished.

  23. Tex. Finance Code Sec. 126.158. TRANSFER OF MANAGEMENT OF REHABILITATED CREDIT UNION. If the credit union is rehabilitated, the conservator shall return the management of the credit union to the board under terms that are reasonable and necessary to prevent a recurrence of the conditions that created the need for conservatorship.

  24. Tex. Finance Code Sec. 126.159. COST OF CONSERVATORSHIP.

  25. Tex. Finance Code Sec. 126.160. JURISDICTION AND VENUE.

  26. Tex. Finance Code Sec. 126.161. EXHAUSTION OF ADMINISTRATIVE REMEDIES. Administrative remedies must be exhausted before a court may:

  27. Tex. Finance Code Sec. 126.201. LIQUIDATION ORDER; APPOINTMENT OF LIQUIDATING AGENT.

  28. Tex. Finance Code Sec. 126.202. SERVICE OF ORDER. The commissioner shall serve a liquidation order in the same manner provided for service of a conservatorship order.

  29. Tex. Finance Code Sec. 126.203. SUIT FOR INJUNCTION.

  30. Tex. Finance Code Sec. 126.204. ACTION PENDING INJUNCTION HEARING.

  31. Tex. Finance Code Sec. 126.205. HEARING ON INJUNCTION; APPEAL.

  32. Tex. Finance Code Sec. 126.206. NATIONAL CREDIT UNION ADMINISTRATION AS LIQUIDATING AGENT.

  33. Tex. Finance Code Sec. 126.251. PERMISSIBLE ACTIVITIES IN LIQUIDATION.

  34. Tex. Finance Code Sec. 126.252. COMPENSATION OF CREDIT UNION EMPLOYEES AND OFFICERS.

  35. Tex. Finance Code Sec. 126.253. LIQUIDATING AGENT SUBJECT TO COMMISSION CONTROL. The liquidating agent shall perform the duties required by the following sections subject to commission rules and under the commissioner's supervision:

  36. Tex. Finance Code Sec. 126.254. POSSESSION, CONSOLIDATION, AND DISPOSITION OF ASSETS. The liquidating agent shall:

  37. Tex. Finance Code Sec. 126.255. COMPOUND DEBTS. The liquidating agent shall compound all bad or doubtful debts.

  38. Tex. Finance Code Sec. 126.256. COURT ACTION BY LIQUIDATING AGENT. The liquidating agent shall:

  39. Tex. Finance Code Sec. 126.257. REPUDIATION OF BURDENSOME TRANSACTIONS. The liquidating agent shall repudiate a contract or unexpired lease the liquidating agent considers burdensome to the credit union.

  40. Tex. Finance Code Sec. 126.258. EXECUTION OF DOCUMENTS; OTHER NECESSARY ACTS. The liquidating agent may execute any document and perform any other action that:

  41. Tex. Finance Code Sec. 126.259. JURISDICTION AND VENUE.

  42. Tex. Finance Code Sec. 126.260. EXHAUSTION OF ADMINISTRATIVE REMEDIES. Except as provided by Subchapter E, administrative remedies must be exhausted before a court may:

  43. Tex. Finance Code Sec. 126.301. CLAIMS AGAINST CREDIT UNION. The liquidating agent shall:

  44. Tex. Finance Code Sec. 126.302. NOTICE TO CREDITORS AND MEMBERS.

  45. Tex. Finance Code Sec. 126.303. PRIORITY OF CLAIMS. The liquidating agent shall use the credit union's assets to pay, in the following order:

  46. Tex. Finance Code Sec. 126.304. LIQUIDATION DIVIDENDS.

  47. Tex. Finance Code Sec. 126.305. PAYMENT OF CLAIMS IN "NO PUBLICATION" LIQUIDATION.

  48. Tex. Finance Code Sec. 126.306. BARRED CLAIMS.

  49. Tex. Finance Code Sec. 126.351. REMOVAL OF LIQUIDATING AGENT.

  50. Tex. Finance Code Sec. 126.352. REPLACEMENT OF LIQUIDATING AGENT. The commissioner shall appoint another liquidating agent on a liquidating agent's resignation, death, illness, removal, desertion, or incapacity to function.

  51. Tex. Finance Code Sec. 126.353. CONFLICT OF INTEREST.

  52. Tex. Finance Code Sec. 126.354. COMPENSATION.

  53. Tex. Finance Code Sec. 126.401. CERTIFICATE OF LIQUIDATION AND DISTRIBUTION. The commissioner shall prescribe the form of a certificate to be completed by the liquidating agent attesting that distribution has been made and liquidation is complete.

  54. Tex. Finance Code Sec. 126.402. CANCELLATION OF CERTIFICATE OF INCORPORATION. The commissioner, on receipt and approval of the certificate executed under Section 126.401, shall cancel the credit union's certificate of incorporation.

  55. Tex. Finance Code Sec. 126.403. WINDING UP OF CREDIT UNION BUSINESS. During the three-year period following cancellation of the credit union's certificate of incorporation, the credit union continues to exist and the liquidating agent, or a successor or other person designated by the commissioner, may act on the credit union's behalf to:

  56. Tex. Finance Code Sec. 126.451. BOARD RESOLUTION. Unless the commissioner has issued a liquidation order, the board may adopt a resolution recommending voluntary dissolution of the credit union and directing submission of the question of liquidation to the members of the credit union.

  57. Tex. Finance Code Sec. 126.452. NOTIFICATION TO COMMISSIONER OF PROPOSED LIQUIDATION. Not later than the fifth day after the date on which the board's resolution recommending voluntary dissolution is adopted, the board's presiding officer shall notify the commissioner in writing of the reasons for the proposed liquidation.

  58. Tex. Finance Code Sec. 126.453. NOTICE OF MEETING TO LIQUIDATE. Notice of the special meeting to consider voluntary liquidation shall be mailed by first-class mail to each member of the credit union and the commissioner not later than the 10th day before the date of the meeting.

  59. Tex. Finance Code Sec. 126.454. CREDIT UNION OPERATIONS BEFORE AND AFTER VOTE. Immediately after notice under Section 126.453 is mailed, the commissioner may restrict control or give direction with respect to the continued business of the credit union pending consideration of voluntary liquidation by the members. During that period, no member shall withdraw an aggregate amount in excess of the share insurance covered by the credit union. No new extensions of credit shall be funded during the period between the board of directors' adoption of the resolution recommending voluntary liquidation and the membership meeting called to consider voluntary liquidation, except for the issuance of loans fully secured by a pledge of shares and the funding of outstanding loan commitments approved before adoption of the resolution. If the vote to dissolve and liquidate the credit union is affirmative, the credit union may conduct only business incidental to liquidation.

  60. Tex. Finance Code Sec. 126.455. VOTE ON VOLUNTARY LIQUIDATION. At a special meeting called to consider the proposed liquidation, a majority of the credit union members voting, but not less than a quorum, may vote to dissolve and liquidate the credit union. Those members casting votes by mail or at the meeting constitute a quorum for the transaction of business at the special meeting, notwithstanding a bylaw provision to the contrary.

  61. Tex. Finance Code Sec. 126.456. NOTICE TO COMMISSIONER OF AFFIRMATIVE VOTE TO LIQUIDATE.

  62. Tex. Finance Code Sec. 126.457. APPOINTMENT OF LIQUIDATING AGENT.

  63. Tex. Finance Code Sec. 126.458. APPLICATION OF LAW TO CREDIT UNION IN VOLUNTARY LIQUIDATION. A credit union in the process of voluntary dissolution and liquidation remains subject to this subtitle and Chapter 15, including provisions for examination by the commissioner, and the credit union shall furnish reports as required by the commissioner.

Chapter 149

  1. Tex. Finance Code Sec. 149.001. APPLICABILITY OF CHAPTERS 3 AND 4, BUSINESS & COMMERCE CODE.

  2. Tex. Finance Code Sec. 149.002. EXEMPTION FROM SECURITIES LAWS.

Chapter 152

  1. Tex. Finance Code Sec. 152.001. SHORT TITLE. This chapter may be cited as the Money Services Modernization Act.

  2. Tex. Finance Code Sec. 152.002. PURPOSE; CONSTRUCTION OF CHAPTER.

  3. Tex. Finance Code Sec. 152.003. DEFINITIONS. In this chapter:

  4. Tex. Finance Code Sec. 152.004. EXEMPTIONS. This chapter does not apply to:

  5. Tex. Finance Code Sec. 152.005. AUTHORITY TO REQUIRE DEMONSTRATION OF EXEMPTION. The commissioner may require a person claiming to be exempt from licensing under Section 152.004 to provide information and documentation to the commissioner demonstrating that the person qualifies for the exemption claimed.

  6. Tex. Finance Code Sec. 152.006. CENTRALIZED DIGITAL CURRENCY PROHIBITED. This chapter does not authorize the creation of any centralized bank digital currency or any other action that prohibits or limits the use of paper currency.

  7. Tex. Finance Code Sec. 152.051. ADMINISTRATION. The department shall administer this chapter.

  8. Tex. Finance Code Sec. 152.052. RULES; FEES.

  9. Tex. Finance Code Sec. 152.053. IMPLEMENTATION. The commissioner may, subject to Sections 152.055(a) and (b):

  10. Tex. Finance Code Sec. 152.054. COMMISSIONER'S GENERAL AUTHORITY.

  11. Tex. Finance Code Sec. 152.055. CONFIDENTIALITY.

  12. Tex. Finance Code Sec. 152.056. INVESTIGATIONS.

  13. Tex. Finance Code Sec. 152.057. SUPERVISION.

  14. Tex. Finance Code Sec. 152.058. NETWORKED SUPERVISION.

  15. Tex. Finance Code Sec. 152.059. RELATIONSHIP TO FEDERAL LAW.

  16. Tex. Finance Code Sec. 152.060. CONSENT TO SERVICE OF PROCESS. A money services licensee, an authorized delegate, or a person who knowingly engages in activities that are regulated and require a license under this chapter, with or without filing an application for a license or holding a license under this chapter, is considered to have consented to the jurisdiction of the courts of this state for all actions arising under this chapter.

  17. Tex. Finance Code Sec. 152.061. PRESUMPTION OF CONTROL.

  18. Tex. Finance Code Sec. 152.101. MONEY TRANSMISSION LICENSE REQUIRED.

  19. Tex. Finance Code Sec. 152.102. CURRENCY EXCHANGE LICENSE REQUIRED.

  20. Tex. Finance Code Sec. 152.103. CONSISTENT STATE LICENSING.

  21. Tex. Finance Code Sec. 152.104. APPLICATION FOR MONEY SERVICES LICENSE.

  22. Tex. Finance Code Sec. 152.105. INFORMATION REQUIREMENTS FOR CERTAIN INDIVIDUALS.

  23. Tex. Finance Code Sec. 152.106. ISSUANCE OF LICENSE.

  24. Tex. Finance Code Sec. 152.107. MAINTENANCE OF LICENSE.

  25. Tex. Finance Code Sec. 152.108. SURRENDER OF LICENSE.

  26. Tex. Finance Code Sec. 152.109. REFUND OF FEE OR COST PAID BY MONEY SERVICES LICENSEE. A fee or cost paid by a money services licensee under this chapter is not refundable.

  27. Tex. Finance Code Sec. 152.151. ACQUISITION OF CONTROL.

  28. Tex. Finance Code Sec. 152.152. STREAMLINED ACQUISITION OF CONTROL.

  29. Tex. Finance Code Sec. 152.153. NOTICE AND INFORMATION REQUIREMENTS FOR CHANGE OF KEY INDIVIDUALS.

  30. Tex. Finance Code Sec. 152.201. MONEY TRANSMISSION REPORT.

  31. Tex. Finance Code Sec. 152.202. CURRENCY EXCHANGE REPORT.

  32. Tex. Finance Code Sec. 152.203. FINANCIAL STATEMENTS.

  33. Tex. Finance Code Sec. 152.204. AUTHORIZED DELEGATE REPORTING.

  34. Tex. Finance Code Sec. 152.205. REPORTS OF CERTAIN EVENTS.

  35. Tex. Finance Code Sec. 152.206. BANK SECRECY ACT REPORTS. A money services licensee and an authorized delegate shall file all reports required by federal currency reporting, record keeping, and suspicious activity reporting requirements as provided by the Bank Secrecy Act and other federal and state laws relating to money laundering. The timely filing of a complete and accurate report required under this section with the appropriate federal agency is considered compliant with the requirements of this section.

  36. Tex. Finance Code Sec. 152.207. RECORDS.

  37. Tex. Finance Code Sec. 152.251. LIABILITY OF MONEY TRANSMISSION LICENSEE. A money transmission licensee is liable for the payment of all money or monetary value received for transmission directly or by an authorized delegate appointed under this subchapter.

  38. Tex. Finance Code Sec. 152.252. RELATIONSHIP BETWEEN MONEY TRANSMISSION LICENSEE AND AUTHORIZED DELEGATE.

  39. Tex. Finance Code Sec. 152.253. DISCLOSURE REQUIREMENTS.

  40. Tex. Finance Code Sec. 152.254. UNAUTHORIZED ACTIVITIES. A person may not engage in the business of money transmission on behalf of a person not licensed under this chapter or not exempt under Section 152.004. A person who engages in unauthorized activity provides money transmission to the same extent as if the person were a money transmission licensee, and shall be jointly and severally liable with the unlicensed or nonexempt person. Any business for which a license is required under this chapter that is conducted by an authorized delegate outside the scope of authority conferred in the contract between the authorized delegate and the licensee is unlicensed activity.

  41. Tex. Finance Code Sec. 152.301. TIMELY TRANSMISSION.

  42. Tex. Finance Code Sec. 152.302. REFUNDS.

  43. Tex. Finance Code Sec. 152.303. RECEIPTS.

  44. Tex. Finance Code Sec. 152.304. DISCLOSURES FOR PAYROLL PROCESSING SERVICES.

  45. Tex. Finance Code Sec. 152.305. PROHIBITION ON IMPOSITION OF FINE OR PENALTY FOR TERMS OF SERVICE VIOLATION.

  46. Tex. Finance Code Sec. 152.351. NET WORTH OF MONEY TRANSMISSION LICENSEE.

  47. Tex. Finance Code Sec. 152.352. SECURITY FOR MONEY TRANSMISSION LICENSEE.

  48. Tex. Finance Code Sec. 152.353. SECURITY FOR CURRENCY EXCHANGE LICENSEE.

  49. Tex. Finance Code Sec. 152.354. ADDITIONAL SECURITY REQUIREMENTS.

  50. Tex. Finance Code Sec. 152.355. MAINTENANCE OF PERMISSIBLE INVESTMENTS BY MONEY TRANSMISSION LICENSEE.

  51. Tex. Finance Code Sec. 152.356. TYPES OF PERMISSIBLE INVESTMENTS.

  52. Tex. Finance Code Sec. 152.401. INJUNCTIVE RELIEF.

  53. Tex. Finance Code Sec. 152.402. CEASE AND DESIST ORDERS FOR UNLICENSED PERSONS.

  54. Tex. Finance Code Sec. 152.403. SUSPENSION AND REVOCATION OF MONEY SERVICES LICENSE.

  55. Tex. Finance Code Sec. 152.404. SUSPENSION AND REVOCATION OF AUTHORIZED DELEGATE DESIGNATION.

  56. Tex. Finance Code Sec. 152.405. CEASE AND DESIST ORDERS FOR MONEY SERVICES LICENSEE OR AUTHORIZED DELEGATE.

  57. Tex. Finance Code Sec. 152.406. CONSENT ORDERS.

  58. Tex. Finance Code Sec. 152.407. ADMINISTRATIVE PENALTY.

  59. Tex. Finance Code Sec. 152.408. CRIMINAL PENALTY.

  60. Tex. Finance Code Sec. 152.409. NOTICE, HEARING, AND OTHER PROCEDURES FOR NONEMERGENCY ORDERS.

  61. Tex. Finance Code Sec. 152.410. REQUIREMENTS AND NOTICE AND HEARING PROCEDURES FOR EMERGENCY ORDERS.

  62. Tex. Finance Code Sec. 152.411. REMOVAL OR PROHIBITION ORDER.

  63. Tex. Finance Code Sec. 152.412. REMOVAL OR PROHIBITION ORDERS IN RESPONSE TO CERTAIN CRIMINAL OFFENSES.

  64. Tex. Finance Code Sec. 152.413. APPLICATION FOR RELEASE FROM FINAL REMOVAL OR PROHIBITION ORDER.

  65. Tex. Finance Code Sec. 152.451. ADMINISTRATIVE PROCEDURES.

Chapter 154

  1. Tex. Finance Code Sec. 154.001. PURPOSE. The purposes of this chapter are to:

  2. Tex. Finance Code Sec. 154.002. DEFINITIONS. In this chapter:

  3. Tex. Finance Code Sec. 154.003. EFFECT ON INSURANCE LAWS. Except as provided by Section 154.004, this chapter does not affect the Insurance Code.

  4. Tex. Finance Code Sec. 154.004. GROUP INSURANCE CONTRACTS.

  5. Tex. Finance Code Sec. 154.051. ADMINISTRATION OF CHAPTER; FEES.

  6. Tex. Finance Code Sec. 154.052. ANNUAL REPORT.

  7. Tex. Finance Code Sec. 154.053. RECORDS; EXAMINATION.

  8. Tex. Finance Code Sec. 154.054. EXAMINATION FEE.

  9. Tex. Finance Code Sec. 154.055. DISCLOSURE OF CERTAIN INFORMATION; CONFIDENTIALITY.

  10. Tex. Finance Code Sec. 154.056. PAYMENT OF RESTITUTION MONEY. The department shall pay money received under a restitution order to the injured party as ordered.

  11. Tex. Finance Code Sec. 154.101. PERMIT REQUIREMENT. A person must hold a permit issued under this subchapter to:

  12. Tex. Finance Code Sec. 154.102. PERMIT APPLICATION; FEE. To obtain a permit to sell or continue to sell prepaid funeral benefits, a person must:

  13. Tex. Finance Code Sec. 154.103. ISSUANCE OF PERMIT.

  14. Tex. Finance Code Sec. 154.104. TERM OF PERMIT.

  15. Tex. Finance Code Sec. 154.105. PROHIBITION ON TRANSFER OF PERMIT. A permit is not transferable.

  16. Tex. Finance Code Sec. 154.106. TRANSFER OF BUSINESS OWNERSHIP.

  17. Tex. Finance Code Sec. 154.107. REQUIRED RENEWAL FOR SELLERS.

  18. Tex. Finance Code Sec. 154.108. RENEWAL FEE. The commission shall set the renewal fee under Section 154.051.

  19. Tex. Finance Code Sec. 154.109. GROUNDS FOR CANCELLATION OR SUSPENSION OF OR REFUSAL TO RENEW PERMIT.

  20. Tex. Finance Code Sec. 154.110. ORDER TO CANCEL, SUSPEND, OR REFUSE TO RENEW PERMIT.

  21. Tex. Finance Code Sec. 154.111. SUCCESSOR PERMIT HOLDER.

  22. Tex. Finance Code Sec. 154.131. BROCHURE.

  23. Tex. Finance Code Sec. 154.132. WEBSITE.

  24. Tex. Finance Code Sec. 154.133. REFERENCE OR LINK TO WEBSITE. Any sales literature or a website that offers or promotes the sale of prepaid funeral benefits contracts to the public must include a reference or link to the Internet website required under Section 154.132.

  25. Tex. Finance Code Sec. 154.151. FORM OF CONTRACT.

  26. Tex. Finance Code Sec. 154.1511. CASH ADVANCE ITEMS: NON-GUARANTEED MERCHANDISE AND SERVICES.

  27. Tex. Finance Code Sec. 154.152. REPRESENTATIONS REGARDING APPROVAL OF PERMIT HOLDER. A permit holder may represent that the department has approved or otherwise chosen a prepaid funeral vendor only with the following language: "The Texas Banking Department regulates the sale of prearranged funeral contracts" and "The form of this contract has been approved by the Department."

  28. Tex. Finance Code Sec. 154.153. ALLOCATION OF SALES PRICE. A seller may not increase the sales price of an item not covered by this chapter to allocate a lesser sales price to an item covered by this chapter.

  29. Tex. Finance Code Sec. 154.154. AGREEMENT TO PAY FINANCE CHARGE. A purchaser of a prepaid funeral benefits contract may agree in writing to pay the seller a finance charge in accordance with Chapter 345 on an amount due the seller on the contract.

  30. Tex. Finance Code Sec. 154.155. CANCELLATION OF CONTRACT.

  31. Tex. Finance Code Sec. 154.1551. MODIFICATION AT TIME OF FUNERAL.

  32. Tex. Finance Code Sec. 154.156. WAIVER OF RIGHT OF CANCELLATION.

  33. Tex. Finance Code Sec. 154.157. PERFORMANCE OF CONTRACT. Delivery of funeral merchandise before death is not performance, in whole or in part, of a prepaid funeral benefits contract entered into after July 15, 1963.

  34. Tex. Finance Code Sec. 154.158. ENFORCEMENT OF CONTRACT. A seller that violates Section 154.101 may not enforce a prepaid funeral benefits contract, but the purchaser or an heir or legal representative of the purchaser is entitled to recover:

  35. Tex. Finance Code Sec. 154.159. ADMINISTRATION OF MONEY RECEIVED. Money received for prepaid funeral benefits shall be administered as prescribed by Section 154.155 and Subchapters E and F, as applicable.

  36. Tex. Finance Code Sec. 154.160. AGENT; DEPOSIT OF MONEY.

  37. Tex. Finance Code Sec. 154.161. RESPONSIBILITIES OF FUNERAL PROVIDER.

  38. Tex. Finance Code Sec. 154.201. REQUIREMENTS FOR SOLICITATION OF INSURANCE-FUNDED BENEFITS. A seller may not solicit an individual's designation of prepaid funeral benefits to be paid from an insurance policy, unless the insurance policy meets the requirements of Section 154.2021.

  39. Tex. Finance Code Sec. 154.202. EXECUTION OF CONTRACT IN CONJUNCTION WITH APPLICATION FOR POLICY. An insurance-funded prepaid funeral benefits contract must be executed in conjunction with the application for the issuance of the insurance policy.

  40. Tex. Finance Code Sec. 154.2021. REQUIREMENTS FOR INSURANCE POLICIES.

  41. Tex. Finance Code Sec. 154.203. PAYMENT OF PREMIUMS.

  42. Tex. Finance Code Sec. 154.204. CONVERSION FROM TRUST-FUNDED PREPAID FUNERAL BENEFITS.

  43. Tex. Finance Code Sec. 154.205. CANCELLATION OF INSURANCE-FUNDED CONTRACT.

  44. Tex. Finance Code Sec. 154.206. ASSIGNMENT OF RIGHT TO BENEFITS.

  45. Tex. Finance Code Sec. 154.207. RECEIPT OF BENEFITS PAYABLE UNDER POLICY.

  46. Tex. Finance Code Sec. 154.208. ADVISORY COMMITTEE.

  47. Tex. Finance Code Sec. 154.251. APPLICABILITY.

  48. Tex. Finance Code Sec. 154.252. RETENTION OF MONEY FOR EXPENSES. The seller of a trust-funded prepaid funeral benefits contract may retain for the seller's use and benefit an amount not to exceed one-half of all money collected or paid until the seller has received an amount equal to 10 percent of the total amount the purchaser agreed to pay under the contract.

  49. Tex. Finance Code Sec. 154.253. DEPOSIT OF MONEY PAID OR COLLECTED.

  50. Tex. Finance Code Sec. 154.254. AMOUNT PAYABLE ON CANCELLATION OF CONTRACT. A purchaser of a trust-funded prepaid funeral benefits contract who cancels the contract during the first year of the contract when payments required under the contract are current is entitled to receive, regardless of the amount held in trust, the greater of:

  51. Tex. Finance Code Sec. 154.255. STANDARD OF DUTY OF DEPOSITORY. A depository described by Section 154.253(a)(1) shall be held to the standard of duty of a fiduciary in holding, investing, or disbursing the money.

  52. Tex. Finance Code Sec. 154.256. STANDARD OF DUTY OF TRUSTEE. A trustee described by Section 154.253(a)(2) shall be held to the standard of duty of a trustee under the Texas Trust Code (Subtitle B, Title 9, Property Code), provided that the provisions of the Texas Trust Code may not be expanded, restricted, eliminated, or otherwise altered by the provisions of the trust instrument in a manner that is inconsistent with the purposes, terms, distribution requirements, and other circumstances of a trust established under this chapter. In administering assets held in a prepaid funeral benefits trust, a trustee shall consider the trust beneficiaries to include the following two classes of persons to the extent of any beneficial interest:

  53. Tex. Finance Code Sec. 154.257. INVESTMENT PLAN.

  54. Tex. Finance Code Sec. 154.258. INVESTMENT AND MANAGEMENT OF TRUST ASSETS.

  55. Tex. Finance Code Sec. 154.260. USE OF MONEY TO PURCHASE, LEASE, OR INVEST IN ASSET OWNED BY SELLER OR FUNERAL PROVIDER.

  56. Tex. Finance Code Sec. 154.261. WITHDRAWAL OF EARNINGS TO PAY CERTAIN EXPENSES.

  57. Tex. Finance Code Sec. 154.262. WITHDRAWAL OF MONEY ON DEATH OF BENEFICIARY.

  58. Tex. Finance Code Sec. 154.263. WITHDRAWAL OF EARNINGS ATTRIBUTABLE TO CONTRACT. On the maturity date of a trust-funded prepaid funeral benefits contract as provided by Section 154.262 and after the funeral provider has performed its obligations under the contract, or at the time of cancellation of the contract as provided by Section 154.155 or 154.254, the seller may withdraw from an account described by Section 154.253:

  59. Tex. Finance Code Sec. 154.264. ACCOUNTING RECORDS. A seller shall maintain accounting records showing the amount deposited or invested under this subchapter with respect to each contract.

  60. Tex. Finance Code Sec. 154.265. DEFAULT UNDER CERTAIN CONTRACTS.

  61. Tex. Finance Code Sec. 154.301. PRESUMPTION OF ABANDONMENT.

  62. Tex. Finance Code Sec. 154.302. NOTICE OF ABANDONED MONEY. On March 1 of each year, a seller that holds money presumed abandoned under Section 154.301(b) shall furnish the commissioner with an acknowledged written notice of the abandoned money not later than the following June 1. The notice must include:

  63. Tex. Finance Code Sec. 154.303. AUTHORIZATION TO WITHDRAW MONEY.

  64. Tex. Finance Code Sec. 154.304. DELIVERY TO COMPTROLLER OF ABANDONED MONEY AND REPORT. Not later than the first July 1 after the date a seller is required to furnish notice to the commissioner under Section 154.302, the seller shall deliver to the comptroller:

  65. Tex. Finance Code Sec. 154.305. DISCHARGE OF CONTRACTUAL OBLIGATIONS; INDEMNITY OF SELLER.

  66. Tex. Finance Code Sec. 154.306. LIABILITY AND OBLIGATIONS OF COMPTROLLER.

  67. Tex. Finance Code Sec. 154.307. RECOURSE OF PURCHASER OR BENEFICIARY. A purchaser's or beneficiary's sole recourse after a seller has delivered abandoned money and reported to the comptroller under Section 154.304 is to file a claim with the comptroller as provided by Chapter 74, Property Code.

  68. Tex. Finance Code Sec. 154.351. MAINTENANCE OF GUARANTY FUND.

  69. Tex. Finance Code Sec. 154.352. ASSESSMENT ON SALES CONTRACTS.

  70. Tex. Finance Code Sec. 154.3525. ASSESSMENT ON INSURANCE-FUNDED CONTRACTS.

  71. Tex. Finance Code Sec. 154.353. DEPOSIT OF FUND OR PORTION OF FUND.

  72. Tex. Finance Code Sec. 154.354. USE OF FUND EARNINGS. The department may use the earnings from the fund to operate and maintain the fund.

  73. Tex. Finance Code Sec. 154.355. ADVISORY COUNCIL.

  74. Tex. Finance Code Sec. 154.3551. LIMIT ON LIABILITY.

  75. Tex. Finance Code Sec. 154.356. ASSESSMENT ON OUTSTANDING TRUST-FUNDED CONTRACTS TO PAY CLAIMS.

  76. Tex. Finance Code Sec. 154.3565. ASSESSMENT ON OUTSTANDING INSURANCE-FUNDED CONTRACTS TO PAY CLAIMS.

  77. Tex. Finance Code Sec. 154.357. CLAIM AGAINST SELLER, FUNERAL PROVIDER, OR DEPOSITORY. The department may assert a claim against a seller, funeral provider, or depository that commits a violation of this chapter that could result in a claim against the fund.

  78. Tex. Finance Code Sec. 154.358. CLAIMS AGAINST FUND.

  79. Tex. Finance Code Sec. 154.359. PERMISSIBLE USES OF FUND.

  80. Tex. Finance Code Sec. 154.3595. DEFAULT BY FUNERAL PROVIDER.

  81. Tex. Finance Code Sec. 154.360. SUBROGATION.

  82. Tex. Finance Code Sec. 154.400. INVESTIGATION AND SUBPOENA AUTHORITY.

  83. Tex. Finance Code Sec. 154.401. CRIMINAL PENALTY FOR CERTAIN VIOLATIONS OF CHAPTER.

  84. Tex. Finance Code Sec. 154.402. CRIMINAL PENALTY RELATING TO DEPOSIT OR WITHDRAWAL OF MONEY.

  85. Tex. Finance Code Sec. 154.403. CRIMINAL PENALTY FOR FAILURE TO FILE REPORT.

  86. Tex. Finance Code Sec. 154.404. CRIMINAL PENALTY FOR FAILURE TO DELIVER MONEY TO DESIGNATED AGENT.

  87. Tex. Finance Code Sec. 154.405. CRIMINAL PENALTY FOR AGENT'S FAILURE TO DEPOSIT CERTAIN MONEY.

  88. Tex. Finance Code Sec. 154.406. ADMINISTRATIVE PENALTY.

  89. Tex. Finance Code Sec. 154.4061. PATTERN OF WILFUL DISREGARD.

  90. Tex. Finance Code Sec. 154.407. INJUNCTIVE RELIEF. The commissioner may sue in a district court in Travis County or the county in which the violation occurred to enjoin a violation or threatened violation of:

  91. Tex. Finance Code Sec. 154.408. CEASE AND DESIST ORDER.

  92. Tex. Finance Code Sec. 154.4081. EMERGENCY ORDER.

  93. Tex. Finance Code Sec. 154.409. SUIT BY ATTORNEY GENERAL.

  94. Tex. Finance Code Sec. 154.410. QUO WARRANTO PROCEEDINGS.

  95. Tex. Finance Code Sec. 154.411. RESTITUTION. The commissioner may issue an order to a person requiring restitution if, after notice and opportunity for hearing, the commissioner finds that the person:

  96. Tex. Finance Code Sec. 154.412. SEIZURE OF PREPAID FUNERAL ACCOUNTS AND RECORDS.

  97. Tex. Finance Code Sec. 154.413. NOTIFICATION OF PURCHASER. Not later than the 30th day after the date prepaid funeral money is seized under Section 154.412, the commissioner may notify each known person who purchased prepaid funeral benefits under a contract from the permit holder whose permit is canceled. The notice must:

  98. Tex. Finance Code Sec. 154.414. LIQUIDATION OF BUSINESS AND AFFAIRS OF PERSON FOLLOWING SEIZURE OF MONEY AND RECORDS. After an order issued under Section 154.412(a) becomes final and unappealable, the commissioner may petition a district court in Travis County or in the county in which a person required to hold a permit under this chapter resides to request the issuance of an order to show cause why the business and affairs of that person should not be liquidated and a receiver appointed by the court for that purpose if:

  99. Tex. Finance Code Sec. 154.415. PROHIBITION ORDER.

  100. Tex. Finance Code Sec. 154.416. APPLICATION FOR RELEASE FROM PROHIBITION ORDER.

Chapter 155

  1. Tex. Finance Code Sec. 155.001. DEFINITION. In this chapter, "bond investment company" includes a person that places or sells bonds, certificates, or debentures on the partial payment or installment plan.

  2. Tex. Finance Code Sec. 155.002. DEPOSIT REQUIRED.

  3. Tex. Finance Code Sec. 155.003. FAILURE TO MAKE DEPOSIT.

  4. Tex. Finance Code Sec. 155.004. RECEIVER ON FAILURE OF CORPORATION.

  5. Tex. Finance Code Sec. 155.005. EXCHANGE OF DEPOSIT.

  6. Tex. Finance Code Sec. 155.006. RETURN OF DEPOSIT. The comptroller shall return a deposit of cash or securities made under this chapter to a bond investment company if:

  7. Tex. Finance Code Sec. 155.007. CRIMINAL PENALTY.

Chapter 156

  1. Tex. Finance Code Sec. 156.001. SHORT TITLE. This chapter may be cited as the Residential Mortgage Loan Company Licensing and Registration Act.

  2. Tex. Finance Code Sec. 156.002. DEFINITIONS. In this chapter:

  3. Tex. Finance Code Sec. 156.003. SECONDARY MARKET TRANSACTIONS. This chapter does not prohibit a residential mortgage loan originator sponsored by and conducting business for a licensed or registered residential mortgage loan company under this chapter from receiving compensation from a party other than the mortgage applicant for the sale, transfer, assignment, or release of rights on the closing of a mortgage transaction.

  4. Tex. Finance Code Sec. 156.004. DISCLOSURE TO APPLICANT.

  5. Tex. Finance Code Sec. 156.005. AFFILIATED BUSINESS ARRANGEMENTS. Unless prohibited by federal or state law, this chapter may not be construed to prevent affiliated or controlled business arrangements or loan origination services by or between residential mortgage loan originators, sponsored by and conducting business for a licensed or registered residential mortgage loan company under this chapter, and other professionals if the residential mortgage loan originator complies with all applicable federal and state laws permitting those arrangements or services.

  6. Tex. Finance Code Sec. 156.101. ADMINISTRATION AND ENFORCEMENT OF CHAPTER; PARTICIPATION IN NATIONWIDE REGISTRY.

  7. Tex. Finance Code Sec. 156.102. RULEMAKING AUTHORITY.

  8. Tex. Finance Code Sec. 156.103. POWERS OF COMMISSIONER.

  9. Tex. Finance Code Sec. 156.104. MORTGAGE INDUSTRY ADVISORY COMMITTEE.

  10. Tex. Finance Code Sec. 156.105. STANDARD FORMS.

  11. Tex. Finance Code Sec. 156.201. LICENSES REQUIRED.

  12. Tex. Finance Code Sec. 156.2012. REGISTERED FINANCIAL SERVICES COMPANY.

  13. Tex. Finance Code Sec. 156.202. EXEMPTIONS.

  14. Tex. Finance Code Sec. 156.203. APPLICATION; FEES.

  15. Tex. Finance Code Sec. 156.2041. QUALIFICATIONS AND REQUIREMENTS FOR LICENSE: MORTGAGE COMPANY.

  16. Tex. Finance Code Sec. 156.2042. QUALIFICATIONS AND REQUIREMENTS FOR LICENSE: CREDIT UNION SUBSIDIARY ORGANIZATION.

  17. Tex. Finance Code Sec. 156.2043. QUALIFICATIONS AND REQUIREMENTS FOR LICENSE: AUXILIARY MORTGAGE LOAN ACTIVITY COMPANY.

  18. Tex. Finance Code Sec. 156.2044. QUALIFICATIONS AND REQUIREMENTS FOR LICENSE: INDEPENDENT CONTRACTOR LOAN PROCESSOR OR UNDERWRITER COMPANY.

  19. Tex. Finance Code Sec. 156.2046. CONVICTION OF OFFENSE. A person is considered to have been convicted of a criminal offense if:

  20. Tex. Finance Code Sec. 156.206. CRIMINAL AND OTHER BACKGROUND CHECKS.

  21. Tex. Finance Code Sec. 156.207. ISSUANCE OF LICENSE.

  22. Tex. Finance Code Sec. 156.208. RENEWALS.

  23. Tex. Finance Code Sec. 156.2081. REINSTATEMENT AFTER EXPIRATION.

  24. Tex. Finance Code Sec. 156.209. DENIAL OF APPLICATIONS AND RENEWALS.

  25. Tex. Finance Code Sec. 156.210. CONDITIONAL LICENSE. The commissioner may issue a conditional license. The finance commission by rule shall adopt reasonable terms and conditions for a conditional license.

  26. Tex. Finance Code Sec. 156.211. CHANGE OF ADDRESS OR SPONSORSHIP; MODIFICATION OF LICENSE.

  27. Tex. Finance Code Sec. 156.212. MAINTENANCE AND LOCATION OF OFFICES. If a residential mortgage loan company maintains an office separate and distinct from the company's main office, whether located in this state or not, that conducts mortgage business with consumers of this state or regarding residential real estate in this state, the company shall apply for, pay a fee of $50 for, and obtain an additional license to be known as a branch office license for each additional office to be maintained by the company.

  28. Tex. Finance Code Sec. 156.213. MORTGAGE CALL REPORT.

  29. Tex. Finance Code Sec. 156.301. INSPECTIONS; INVESTIGATIONS.

  30. Tex. Finance Code Sec. 156.3011. ISSUANCE AND ENFORCEMENT OF SUBPOENA.

  31. Tex. Finance Code Sec. 156.302. ADMINISTRATIVE PENALTY.

  32. Tex. Finance Code Sec. 156.303. DISCIPLINARY ACTION; CEASE AND DESIST ORDER.

  33. Tex. Finance Code Sec. 156.304. FEE ASSESSMENT AND DISCLOSURE.

  34. Tex. Finance Code Sec. 156.305. RESTITUTION. The commissioner may order a person to make restitution for any amount received by that person in violation of this chapter. A residential mortgage loan company may be required to make restitution for any amount received by a sponsored residential mortgage loan originator in violation of Chapter 157.

  35. Tex. Finance Code Sec. 156.401. HEARINGS AND JUDICIAL REVIEW.

  36. Tex. Finance Code Sec. 156.402. CIVIL ACTIONS AND INJUNCTIVE RELIEF.

  37. Tex. Finance Code Sec. 156.403. BURDEN OF PROOF TO ESTABLISH AN EXEMPTION. The burden of proving an exemption in a proceeding or action brought under this chapter is on the person claiming the benefit of the exemption.

  38. Tex. Finance Code Sec. 156.404. RELIANCE ON WRITTEN NOTICES FROM COMMISSIONER. A person does not violate this chapter with respect to an action taken or omission made in reliance on a written notice, written interpretation, or written report from the commissioner, unless a subsequent amendment to this chapter or a rule adopted under this chapter affects the commissioner's notice, interpretation, or report.

  39. Tex. Finance Code Sec. 156.406. UNLICENSED ACTIVITY.

  40. Tex. Finance Code Sec. 156.501. RECOVERY FUND.

  41. Tex. Finance Code Sec. 156.502. FUNDING.

  42. Tex. Finance Code Sec. 156.503. STATUTE OF LIMITATIONS.

  43. Tex. Finance Code Sec. 156.504. PROCEDURE FOR RECOVERY.

  44. Tex. Finance Code Sec. 156.505. RECOVERY LIMITS.

  45. Tex. Finance Code Sec. 156.506. REVOCATION OR SUSPENSION OF LICENSE FOR PAYMENT FROM RECOVERY FUND.

  46. Tex. Finance Code Sec. 156.507. SUBROGATION. When the commissioner has paid an applicant an amount from the recovery fund under Section 156.504, the commissioner is subrogated to all of the rights of the applicant to the extent of the amount paid. The applicant shall assign all of the applicant's right, title, and interest in any subsequent judgment against the license holder, up to the amount paid by the commissioner. Any amount, including interest, recovered by the commissioner on the assignment shall be deposited to the credit of the fund.

  47. Tex. Finance Code Sec. 156.508. FAILURE TO COMPLY WITH SUBCHAPTER OR RULE ADOPTED BY THE FINANCE COMMISSION. The failure of an applicant under Section 156.504 to comply with a provision of this subchapter relating to the recovery fund or with a rule adopted by the finance commission relating to the fund constitutes a waiver of any rights under this subchapter.

  48. Tex. Finance Code Sec. 156.551. MORTGAGE GRANT FUND.

  49. Tex. Finance Code Sec. 156.552. FUNDING. The mortgage grant fund consists of:

  50. Tex. Finance Code Sec. 156.553. MANAGEMENT OF FUND.

  51. Tex. Finance Code Sec. 156.554. DISBURSEMENT FROM FUND.

  52. Tex. Finance Code Sec. 156.555. PAYMENT OF CLAIMS FOR FRAUDULENT UNLICENSED ACTIVITY.

  53. Tex. Finance Code Sec. 156.556. RULES. The finance commission shall adopt rules to administer this subchapter, including rules governing implementation of Section 156.554 that:

Chapter 157

  1. Tex. Finance Code Sec. 157.001. SHORT TITLE. This chapter may be cited as the Mortgage Banker Registration and Residential Mortgage Loan Originator License Act.

  2. Tex. Finance Code Sec. 157.002. DEFINITIONS. In this chapter:

  3. Tex. Finance Code Sec. 157.0021. DISCLOSURE STATEMENT.

  4. Tex. Finance Code Sec. 157.0022. COMPLAINTS.

  5. Tex. Finance Code Sec. 157.0023. RULEMAKING AUTHORITY.

  6. Tex. Finance Code Sec. 157.0024. MORTGAGE INDUSTRY ADVISORY COMMITTEE. The mortgage industry advisory committee shall advise and assist the commissioner with respect to this chapter as provided by Section 156.104.

  7. Tex. Finance Code Sec. 157.003. REGISTRATION REQUIRED.

  8. Tex. Finance Code Sec. 157.004. EXEMPTIONS. This chapter does not apply to:

  9. Tex. Finance Code Sec. 157.005. UPDATE OF REGISTRATION. A mortgage banker shall update information contained in the registration not later than the 10th day after the date the information changes.

  10. Tex. Finance Code Sec. 157.006. REGISTRATION AND ADMINISTRATION FEE. The commissioner may charge a mortgage banker a reasonable fee to cover the costs of the registration and of administering this chapter. The fee may not exceed $500 a year.

  11. Tex. Finance Code Sec. 157.0061. RENEWAL OF REGISTRATION.

  12. Tex. Finance Code Sec. 157.0062. REINSTATEMENT AFTER EXPIRATION OF REGISTRATION.

  13. Tex. Finance Code Sec. 157.009. TERMINATION OF REGISTRATION.

  14. Tex. Finance Code Sec. 157.010. REREGISTRATION.

  15. Tex. Finance Code Sec. 157.012. LICENSE REQUIRED FOR RESIDENTIAL MORTGAGE LOAN ORIGINATORS.

  16. Tex. Finance Code Sec. 157.0121. EXEMPTIONS FROM RESIDENTIAL MORTGAGE LOAN ORIGINATOR REQUIREMENTS.

  17. Tex. Finance Code Sec. 157.013. APPLICATION FOR LICENSE; FEES.

  18. Tex. Finance Code Sec. 157.0131. CONVICTION OF OFFENSE. A person is considered to have been convicted of a criminal offense if:

  19. Tex. Finance Code Sec. 157.0132. CRIMINAL AND OTHER BACKGROUND CHECKS.

  20. Tex. Finance Code Sec. 157.014. ISSUANCE OF RESIDENTIAL MORTGAGE LOAN ORIGINATOR LICENSE.

  21. Tex. Finance Code Sec. 157.0141. CONDITIONAL LICENSE. The commissioner may issue a conditional license. The finance commission by rule shall adopt reasonable terms and conditions for a conditional license.

  22. Tex. Finance Code Sec. 157.015. RENEWAL OF LICENSE.

  23. Tex. Finance Code Sec. 157.016. REINSTATEMENT AFTER EXPIRATION OF LICENSE; NOTICE.

  24. Tex. Finance Code Sec. 157.017. DENIAL OF APPLICATIONS AND RENEWALS.

  25. Tex. Finance Code Sec. 157.019. MODIFICATION OF LICENSE; CHANGE OF SPONSORSHIP.

  26. Tex. Finance Code Sec. 157.020. MORTGAGE CALL REPORT.

  27. Tex. Finance Code Sec. 157.0201. RECOVERY FUND. The recovery fund established, administered, and maintained under Section 13.016 and Subchapter F, Chapter 156, shall be used as provided by Subchapter F, Chapter 156, to reimburse residential mortgage loan applicants for actual damages incurred because of acts committed by residential mortgage loan originators licensed under this chapter when the act was committed.

  28. Tex. Finance Code Sec. 157.02012. STANDARD FORMS.

  29. Tex. Finance Code Sec. 157.02013. SECONDARY MARKET TRANSACTIONS. This chapter does not prohibit a residential mortgage loan originator sponsored by and conducting business for a registered mortgage banker under this chapter from receiving compensation from a party other than the mortgage applicant for the sale, transfer, assignment, or release of rights on the closing of a mortgage transaction.

  30. Tex. Finance Code Sec. 157.02014. AFFILIATED BUSINESS ARRANGEMENTS. Unless prohibited by federal or state law, this chapter may not be construed to prevent affiliated or controlled business arrangements or loan origination services by or between residential mortgage loan originators sponsored by and conducting business for a registered mortgage banker under this chapter and other professionals if the residential mortgage loan originator complies with all applicable federal and state laws permitting those arrangements or services.

  31. Tex. Finance Code Sec. 157.02015. RULEMAKING AUTHORITY WITH RESPECT TO RESIDENTIAL MORTGAGE LOAN ORIGINATORS.

  32. Tex. Finance Code Sec. 157.02016. ADMINISTRATION OF SUBCHAPTER. The commissioner shall administer and enforce this subchapter.

  33. Tex. Finance Code Sec. 157.021. INSPECTION; INVESTIGATIONS.

  34. Tex. Finance Code Sec. 157.0211. MULTI-STATE EXAMINATION AUTHORITY OF RESIDENTIAL MORTGAGE LOAN SERVICER. To ensure that mortgage bankers that act as residential mortgage loan servicers operate in this state in compliance with this chapter and with other law in accordance with this chapter, the commissioner or the commissioner's designee may participate in multi-state mortgage examinations as scheduled by the Conference of State Bank Supervisors Multi-State Mortgage Committee or by the Consumer Financial Protection Bureau in accordance with the protocol for such examinations.

  35. Tex. Finance Code Sec. 157.022. ISSUANCE AND ENFORCEMENT OF SUBPOENA.

  36. Tex. Finance Code Sec. 157.023. ADMINISTRATIVE PENALTY.

  37. Tex. Finance Code Sec. 157.024. DISCIPLINARY ACTION; CEASE AND DESIST ORDER.

  38. Tex. Finance Code Sec. 157.0241. REVOCATION OR SUSPENSION OF LICENSE FOR PAYMENT FROM RECOVERY FUND.

  39. Tex. Finance Code Sec. 157.025. RESTITUTION. The commissioner may order a residential mortgage loan originator to make restitution for any amount received by that person in violation of this chapter or Chapter 156.

  40. Tex. Finance Code Sec. 157.026. HEARINGS AND JUDICIAL REVIEW.

  41. Tex. Finance Code Sec. 157.027. CIVIL ACTIONS AND INJUNCTIVE RELIEF.

  42. Tex. Finance Code Sec. 157.028. BURDEN OF PROOF TO ESTABLISH AN EXEMPTION. The burden of proving an exemption in a proceeding or action brought under this chapter is on the person claiming the benefit of the exemption.

  43. Tex. Finance Code Sec. 157.029. RELIANCE ON WRITTEN NOTICES FROM THE COMMISSIONER. A person does not violate this chapter with respect to an action taken or omission made in reliance on a written notice, written interpretation, or written report from the commissioner unless a subsequent amendment to this chapter or a rule adopted under this chapter affects the commissioner's notice, interpretation, or report.

  44. Tex. Finance Code Sec. 157.030. COMPLETION OF RESIDENTIAL MORTGAGE ORIGINATION SERVICES.

  45. Tex. Finance Code Sec. 157.031. UNLICENSED ACTIVITY; OFFENSE.

  46. Tex. Finance Code Sec. 157.032. POWERS OF COMMISSIONER.

Chapter 158

  1. Tex. Finance Code Sec. 158.001. SHORT TITLE. This chapter may be cited as the Residential Mortgage Loan Servicer Registration Act.

  2. Tex. Finance Code Sec. 158.002. DEFINITIONS. In this chapter:

  3. Tex. Finance Code Sec. 158.003. PURPOSE; RULES.

  4. Tex. Finance Code Sec. 158.051. REGISTRATION REQUIRED. A person may not act as a residential mortgage loan servicer, directly or indirectly, for a residential mortgage loan secured by a lien on residential real estate in this state unless the person is registered under this chapter or is exempt under Section 158.052.

  5. Tex. Finance Code Sec. 158.052. EXEMPTIONS; APPLICABILITY.

  6. Tex. Finance Code Sec. 158.053. APPLICATION FOR REGISTRATION; FEE.

  7. Tex. Finance Code Sec. 158.054. UPDATE OF REGISTRATION. A registrant shall notify the commissioner of a change in any of the information provided in the registration application not later than the 30th day after the date the information changes.

  8. Tex. Finance Code Sec. 158.055. BOND.

  9. Tex. Finance Code Sec. 158.056. APPROVAL OF REGISTRATION. The commissioner shall approve an application for registration under this chapter on the applicant's payment of the required fees and the commissioner's approval of the surety bond.

  10. Tex. Finance Code Sec. 158.057. NOTICE OF CHANGE OF REGISTRANT'S CONDITION.

  11. Tex. Finance Code Sec. 158.058. RENEWAL OF REGISTRATION.

  12. Tex. Finance Code Sec. 158.059. REVOCATION OF REGISTRATION. The commissioner may, after notice and hearing, revoke a registration under this chapter if:

  13. Tex. Finance Code Sec. 158.060. APPEAL OF CERTAIN COMMISSIONER ACTIONS. The denial, nonrenewal, or revocation by the commissioner of a registration under this chapter and the appeal of that action are governed by Chapter 2001, Government Code.

  14. Tex. Finance Code Sec. 158.101. DISCLOSURE STATEMENT. A registrant shall provide to the borrower of each residential mortgage loan the following notice not later than the 30th day after the registrant commences servicing the loan:

  15. Tex. Finance Code Sec. 158.102. INVESTIGATION OF COMPLAINTS AGAINST REGISTRANT; SURCHARGE.

  16. Tex. Finance Code Sec. 158.103. ACTION ON COMPLAINT.

  17. Tex. Finance Code Sec. 158.104. MULTI-STATE EXAMINATION AUTHORITY. To ensure that residential mortgage loan servicers to whom this chapter applies operate in this state in compliance with this chapter and with other law in accordance with this chapter, the commissioner or the commissioner's designee may participate in multi-state mortgage examinations as scheduled by the Conference of State Bank Supervisors Multi-State Mortgage Committee or by the Consumer Financial Protection Bureau in accordance with the protocol for such examinations.

  18. Tex. Finance Code Sec. 158.1045. ISSUANCE AND ENFORCEMENT OF SUBPOENA.

  19. Tex. Finance Code Sec. 158.105. CEASE AND DESIST ORDER.

  20. Tex. Finance Code Sec. 158.106. RESTITUTION. The commissioner may order a residential mortgage loan servicer to pay to a complainant any compensation received by the servicer in a violation cited by the commissioner in a final order.

Chapter 159

  1. Tex. Finance Code Sec. 159.001. DEFINITIONS. In this chapter:

  2. Tex. Finance Code Sec. 159.002. INAPPLICABILITY OF CHAPTER.

  3. Tex. Finance Code Sec. 159.003. EXEMPTIONS.

  4. Tex. Finance Code Sec. 159.051. LICENSE OR REGISTRATION REQUIRED. A person may not originate or make a wrap mortgage loan unless the person is licensed or registered to originate or make residential mortgage loans under Chapter 156, 157, or 342 or is exempt from licensing or registration as provided under an applicable provision of those chapters.

  5. Tex. Finance Code Sec. 159.101. DISCLOSURE STATEMENT; OPTION TO RESCIND.

  6. Tex. Finance Code Sec. 159.102. FOREIGN LANGUAGE REQUIREMENT. If the negotiations that precede the execution of the wrap mortgage loan agreement are conducted primarily in a language other than English, the wrap lender shall provide a copy of a written disclosure statement required under Section 159.101 of this code or Section 5.016, Property Code, in that language to the wrap borrower.

  7. Tex. Finance Code Sec. 159.103. FAILURE TO PROVIDE DISCLOSURE: TOLLING OF LIMITATIONS. If a wrap lender fails to provide the disclosure statement as required by Section 159.101 or fails to provide the disclosure statement in the language required by Section 159.102, the limitations period applicable to any cause of action of the wrap borrower against the wrap lender arising out of the wrap lender's violation of a law of this state in connection with the wrap mortgage loan transaction is tolled until the 120th day after the date the required disclosure statement is provided.

  8. Tex. Finance Code Sec. 159.104. FAILURE TO PROVIDE DISCLOSURE BEFORE CLOSING; RIGHT OF RESCISSION.

  9. Tex. Finance Code Sec. 159.105. ENFORCEABILITY OF WRAP LIEN. A lien securing a wrap mortgage loan is void unless the wrap mortgage loan and the conveyance of the residential real estate securing the loan are closed by an attorney or a title company.

  10. Tex. Finance Code Sec. 159.106. BORROWER'S RIGHT OF ACTION.

  11. Tex. Finance Code Sec. 159.107. WAIVER OR AVOIDANCE PROHIBITED.

  12. Tex. Finance Code Sec. 159.108. RULEMAKING AUTHORITY. The finance commission may adopt and enforce rules necessary for the intent of or to ensure compliance with this subchapter.

  13. Tex. Finance Code Sec. 159.151. MONEY HELD IN TRUST. A person who collects or receives a payment from a wrap borrower under the terms of a wrap mortgage loan holds the money in trust for the benefit of the borrower.

  14. Tex. Finance Code Sec. 159.152. FIDUCIARY DUTY. A person who collects or receives a payment from a wrap borrower under the terms of or in connection with a wrap mortgage loan owes a fiduciary duty to the wrap borrower to use the payment to satisfy the obligations of the obligee under each debt described by Section 159.001(7)(A)(ii) and the payment of taxes and insurance for which the wrap lender has received any payments from the wrap borrower.

  15. Tex. Finance Code Sec. 159.201. APPLICABILITY OF SUBCHAPTER. This subchapter applies only to a wrap mortgage loan for a purchase of residential real estate to be used as the wrap borrower's residence.

  16. Tex. Finance Code Sec. 159.202. WRAP BORROWER'S RIGHT TO DEDUCT. The wrap borrower, without taking judicial action, may deduct from any amount owed to the wrap lender under the terms of the wrap mortgage loan:

  17. Tex. Finance Code Sec. 159.251. APPLICABILITY OF SUBCHAPTER. This subchapter applies only to a wrap lender who is required to register as a residential mortgage loan servicer under Chapter 158.

  18. Tex. Finance Code Sec. 159.252. INSPECTION; INVESTIGATION.

  19. Tex. Finance Code Sec. 159.253. ISSUANCE AND ENFORCEMENT OF SUBPOENA.

  20. Tex. Finance Code Sec. 159.301. CEASE AND DESIST ORDER.

Chapter 160

  1. Tex. Finance Code Sec. 160.001. DEFINITIONS. In this chapter:

  2. Tex. Finance Code Sec. 160.002. ADMINISTRATION. The department shall administer this chapter.

  3. Tex. Finance Code Sec. 160.003. APPLICABILITY.

  4. Tex. Finance Code Sec. 160.004. DUTIES OF DIGITAL ASSET SERVICE PROVIDERS.

  5. Tex. Finance Code Sec. 160.005. REQUIREMENTS FOR MONEY TRANSMISSION LICENSE.

  6. Tex. Finance Code Sec. 160.006. RULES. The commission may adopt rules to administer and enforce this chapter, including rules necessary and appropriate to implement and clarify this chapter.

Chapter 180

  1. Tex. Finance Code Sec. 180.001. SHORT TITLE. This chapter may be cited as the Texas Secure and Fair Enforcement for Mortgage Licensing Act of 2009.

  2. Tex. Finance Code Sec. 180.002. DEFINITIONS. In this chapter:

  3. Tex. Finance Code Sec. 180.003. EXEMPTION.

  4. Tex. Finance Code Sec. 180.004. ADMINISTRATIVE AUTHORITY; RULEMAKING.

  5. Tex. Finance Code Sec. 180.005. SEVERABILITY. The provisions of this chapter or applications of those provisions are severable as provided by Section 311.032(c), Government Code.

  6. Tex. Finance Code Sec. 180.051. STATE LICENSE REQUIRED; RENEWAL.

  7. Tex. Finance Code Sec. 180.0511. TEMPORARY AUTHORITY TO ORIGINATE LOANS.

  8. Tex. Finance Code Sec. 180.052. ENROLLMENT OR REGISTRATION WITH NATIONWIDE MORTGAGE LICENSING SYSTEM AND REGISTRY.

  9. Tex. Finance Code Sec. 180.053. APPLICATION FORM.

  10. Tex. Finance Code Sec. 180.054. CRIMINAL AND OTHER BACKGROUND CHECKS.

  11. Tex. Finance Code Sec. 180.055. ISSUANCE OF LICENSE.

  12. Tex. Finance Code Sec. 180.056. PRELICENSING EDUCATIONAL COURSES.

  13. Tex. Finance Code Sec. 180.057. TESTING REQUIREMENTS.

  14. Tex. Finance Code Sec. 180.058. RECOVERY FUND FEE OR SURETY BOND REQUIREMENT.

  15. Tex. Finance Code Sec. 180.059. STANDARDS FOR LICENSE RENEWAL. A license to act as a residential mortgage loan originator may be renewed on or before its expiration date if the license holder:

  16. Tex. Finance Code Sec. 180.060. CONTINUING EDUCATION COURSES.

  17. Tex. Finance Code Sec. 180.061. RULEMAKING AUTHORITY. A rulemaking authority may adopt rules establishing requirements as necessary for:

  18. Tex. Finance Code Sec. 180.062. CONFIDENTIALITY OF INFORMATION.

  19. Tex. Finance Code Sec. 180.101. MORTGAGE CALL REPORTS. Each licensed residential mortgage loan originator shall submit to the Nationwide Mortgage Licensing System and Registry a report of condition that is in the form and contains the information required by the Nationwide Mortgage Licensing System and Registry.

  20. Tex. Finance Code Sec. 180.102. REPORT OF VIOLATIONS AND ENFORCEMENT ACTIONS. Subject to the confidentiality provisions of this chapter, a regulatory official shall report to the Nationwide Mortgage Licensing System and Registry on a regular basis regarding violations of, enforcement actions under, or information relevant to this chapter or the S.A.F.E. Mortgage Licensing Act under the regulatory official's licensure, regulation, or examination of a licensed residential mortgage loan originator or person registered under the S.A.F.E. Mortgage Licensing Act.

  21. Tex. Finance Code Sec. 180.103. INFORMATION CHALLENGE PROCESS. The applicable rulemaking authority by rule shall establish a process by which licensed residential mortgage loan originators may dispute information submitted by the regulatory official to the Nationwide Mortgage Licensing System and Registry.

  22. Tex. Finance Code Sec. 180.151. DISPLAY OF UNIQUE IDENTIFIER. The unique identifier of a person originating a residential mortgage loan must be clearly shown on each residential mortgage loan application form, solicitation, or advertisement, including business cards and websites, and any other document required by rule of the rulemaking authority.

  23. Tex. Finance Code Sec. 180.152. REPRESENTATIONS. An individual who is engaged exclusively in loan processor or underwriter activities may not represent to the public, through the use of advertising, business cards, stationery, brochures, signs, rate lists, or other means, that the individual can or will perform any of the activities of a residential mortgage loan originator unless the individual is licensed as a residential mortgage loan originator.

  24. Tex. Finance Code Sec. 180.153. PROHIBITED ACTS AND PRACTICES. An individual or other person subject to regulation under this chapter may not:

  25. Tex. Finance Code Sec. 180.171. ENROLLMENT WITH DEPARTMENT OF SAVINGS AND MORTGAGE LENDING.

  26. Tex. Finance Code Sec. 180.201. ENFORCEMENT AUTHORITY. To ensure the effective supervision and enforcement of this chapter, a regulatory official may:

  27. Tex. Finance Code Sec. 180.202. ADMINISTRATIVE PENALTY.

  28. Tex. Finance Code Sec. 180.203. CEASE AND DESIST ORDERS. A regulatory official may:

  29. Tex. Finance Code Sec. 180.251. GENERAL DUTIES OF REGULATORY OFFICIALS.

  30. Tex. Finance Code Sec. 180.252. AUTHORITY OF REGULATORY OFFICIALS TO ESTABLISH RELATIONSHIP WITH NATIONWIDE MORTGAGE LICENSING SYSTEM AND REGISTRY; CONTRACTING AUTHORITY. To fulfill the purposes of this chapter, a regulatory official may establish a relationship with or contract with the Nationwide Mortgage Licensing System and Registry or an entity designated by the Nationwide Mortgage Licensing System and Registry to collect and maintain records and process transaction fees or other fees related to licensed residential mortgage loan originators or other persons subject to regulation under this chapter.

Chapter 181

  1. Tex. Finance Code Sec. 181.001. SHORT TITLE. This subtitle may be cited as the Texas Trust Company Act.

  2. Tex. Finance Code Sec. 181.002. DEFINITIONS.

  3. Tex. Finance Code Sec. 181.003. TRUST COMPANY RULES.

  4. Tex. Finance Code Sec. 181.004. IMPLYING THAT PERSON IS TRUST COMPANY.

  5. Tex. Finance Code Sec. 181.005. LIABILITY OF TRUST COMPANY DIRECTORS AND PERSONNEL.

  6. Tex. Finance Code Sec. 181.006. EXEMPTION OF TRUST INSTITUTION DIRECTORS AND PERSONNEL FROM SECURITIES LAW. An officer, director, manager, managing participant, or employee of a trust institution with fewer than 500 shareholders or participants, including a state trust company or a trust institution organized under the laws of another state that lawfully maintains an office in this state, or a holding company with fewer than 500 shareholders or participants that controls a trust institution is exempt from the registration and licensing provisions of The Securities Act (Title 12, Government Code) with respect to that person's participation in a transaction, including a sale, involving securities issued by the trust institution or the holding company of which that person is an officer, director, manager, managing participant, or employee if the person is not compensated for the person's participation in the transaction.

  7. Tex. Finance Code Sec. 181.007. ATTACHMENT, INJUNCTION, OR EXECUTION. An attachment, injunction, or execution to collect a money judgment or secure a prospective money judgment against a trust institution, including a state trust company or a trust institution organized under the laws of another state that lawfully maintains an office in this state, or against a client of or client account in the trust institution, is governed by Sections 59.007 and 59.008.

  8. Tex. Finance Code Sec. 181.101. ISSUANCE OF INTERPRETIVE STATEMENTS.

  9. Tex. Finance Code Sec. 181.102. ISSUANCE OF OPINION.

  10. Tex. Finance Code Sec. 181.103. EFFECT OF INTERPRETIVE STATEMENT OR OPINION. An interpretive statement or opinion issued under this subchapter does not have the force of law and is not a rule for the purposes of Chapter 2001, Government Code, unless adopted as a rule by the finance commission as provided by Chapter 2001, Government Code. An interpretive statement or opinion is an administrative construction of this subtitle entitled to great weight if the construction is reasonable and does not conflict with this subtitle.

  11. Tex. Finance Code Sec. 181.104. EXAMINATION REQUIREMENT.

  12. Tex. Finance Code Sec. 181.105. COST OF REGULATION. Each state trust company shall pay, through the imposition and collection of fees established by the finance commission under Section 181.003(a)(4):

  13. Tex. Finance Code Sec. 181.106. REGULATION AND EXAMINATION OF RELATED ENTITIES.

  14. Tex. Finance Code Sec. 181.107. STATEMENTS OF CONDITION AND INCOME; PENALTY.

  15. Tex. Finance Code Sec. 181.108. LIABILITY OF COMMISSION AND DEPARTMENT OFFICERS AND PERSONNEL LIMITED.

  16. Tex. Finance Code Sec. 181.201. BANKING COMMISSIONER HEARING; INFORMAL DISPOSITION.

  17. Tex. Finance Code Sec. 181.202. APPEAL OF BANKING COMMISSIONER DECISION OR ORDER. Except as expressly provided otherwise by this subtitle, a person affected by a decision or order of the banking commissioner made under this subtitle after a hearing may appeal the decision or order to a district court in Travis County as provided by Section 181.204.

  18. Tex. Finance Code Sec. 181.204. APPEAL TO DISTRICT COURT. A person affected by a final order of the banking commissioner may appeal the final order by filing a petition for judicial review as provided by Chapter 2001, Government Code. A petition for judicial review filed in the district court does not stay or vacate the appealed order unless the court, after notice and hearing, expressly stays or vacates the order.

  19. Tex. Finance Code Sec. 181.301. DISCLOSURE BY DEPARTMENT PROHIBITED.

  20. Tex. Finance Code Sec. 181.3015. DISCLOSURE TO STATE TRUST COMPANIES. The banking commissioner may disclose to a state trust company information about an affiliate or third-party service provider of the state trust company.

  21. Tex. Finance Code Sec. 181.302. DISCLOSURE TO FINANCE COMMISSION. Confidential information may not be disclosed to a member of the finance commission. A member of the finance commission may not be given access to the files and records of the department except that the banking commissioner may disclose to the finance commission information, files, and records pertinent to a hearing or matter pending before the finance commission.

  22. Tex. Finance Code Sec. 181.303. DISCLOSURE TO OTHER AGENCIES.

  23. Tex. Finance Code Sec. 181.304. OTHER DISCLOSURE PROHIBITED; PENALTY.

  24. Tex. Finance Code Sec. 181.305. CIVIL DISCOVERY. Civil discovery of confidential information from a person subject to Section 181.304 under subpoena or other legal process in a civil proceeding must comply with rules adopted under this subtitle and other applicable law. The rules may:

  25. Tex. Finance Code Sec. 181.306. INVESTIGATIVE INFORMATION. Notwithstanding any other law, the banking commissioner may refuse to release information or records concerning a state trust company in the custody of the department if, in the opinion of the banking commissioner, release of the information or records might jeopardize an ongoing investigation of potentially unlawful activity.

  26. Tex. Finance Code Sec. 181.307. EMPLOYMENT INFORMATION.

  27. Tex. Finance Code Sec. 181.308. SHAREHOLDER INSPECTION RIGHTS.

Chapter 182

  1. Tex. Finance Code Sec. 182.001. ORGANIZATION AND GENERAL POWERS OF STATE TRUST COMPANY.

  2. Tex. Finance Code Sec. 182.002. CERTIFICATE OF FORMATION OF STATE TRUST COMPANY.

  3. Tex. Finance Code Sec. 182.003. APPLICATION FOR STATE TRUST COMPANY CHARTER; STANDARDS FOR APPROVAL.

  4. Tex. Finance Code Sec. 182.004. NOTICE AND INVESTIGATION OF CHARTER APPLICATION.

  5. Tex. Finance Code Sec. 182.005. PROTEST; HEARING; DECISION ON CHARTER APPLICATION.

  6. Tex. Finance Code Sec. 182.006. ISSUANCE OF CHARTER. A state trust company may not engage in the trust business until it receives its charter from the banking commissioner. The banking commissioner may not deliver the charter until the state trust company has:

  7. Tex. Finance Code Sec. 182.007. DEADLINE TO BEGIN BUSINESS. If a state trust company does not open and engage in the trust business within six months after the date it receives its charter or conditional approval of application for charter, the banking commissioner may revoke the charter or cancel the conditional approval of application for charter without judicial action.

  8. Tex. Finance Code Sec. 182.008. RESTRICTED CAPITAL.

  9. Tex. Finance Code Sec. 182.009. APPLICATION OF GENERAL CORPORATE LAW.

  10. Tex. Finance Code Sec. 182.010. PARITY.

  11. Tex. Finance Code Sec. 182.0105. FINANCIAL ACTIVITIES.

  12. Tex. Finance Code Sec. 182.011. EXEMPTION FROM STATUTORY PROVISIONS FOR CERTAIN STATE TRUST COMPANIES.

  13. Tex. Finance Code Sec. 182.012. APPLICATION FOR EXEMPTION.

  14. Tex. Finance Code Sec. 182.013. ANNUAL CERTIFICATION FOR EXEMPT STATE TRUST COMPANY.

  15. Tex. Finance Code Sec. 182.014. LIMITATION ON EFFECT OF EXEMPTION.

  16. Tex. Finance Code Sec. 182.015. CHANGE OF CONTROL OF EXEMPT STATE TRUST COMPANY. If control of an exempt state trust company is sold or otherwise transferred, the acquiring person must comply with Sections 182.003, 182.004, 182.005, 183.001, and 183.002. For the exempt status of the state trust company to continue, the acquiring person must file a certification with the banking commissioner that the state trust company will comply, or continue to comply, with the requirements of Section 182.011 after control is transferred. The banking commissioner may examine or investigate the acquiring person and the state trust company as necessary to verify the certification. If the commissioner determines that the state trust company will not comply, or continue to comply, with the requirements of Section 182.011 after control is transferred, the commissioner shall terminate the exemption on the effective date of the transfer. After the termination, the acquiring person must file a separate application to obtain a new exemption for the state trust company under Section 182.011.

  17. Tex. Finance Code Sec. 182.016. GROUNDS FOR REVOCATION OF EXEMPTION. The banking commissioner may revoke an exemption of a state trust company if the trust company:

  18. Tex. Finance Code Sec. 182.017. NOTICE AND EFFECT OF REVOCATION OF EXEMPTION.

  19. Tex. Finance Code Sec. 182.018. ACTION AFTER REVOCATION OF EXEMPTION.

  20. Tex. Finance Code Sec. 182.019. PRIOR EXEMPTION.

  21. Tex. Finance Code Sec. 182.020. FOREIGN CORPORATION EXERCISING TRUST POWERS.

  22. Tex. Finance Code Sec. 182.021. ACTIVITIES NOT REQUIRING CHARTER. Subject to Subchapter C, Chapter 187, a company does not engage in the trust business in a manner requiring a state charter by:

  23. Tex. Finance Code Sec. 182.0211. CONFORMANCE WITH SECURITIES ACT. For the purposes of Section 182.021(7), "salesman" includes "agent" and "advisor" includes "investment adviser" or "investment adviser representative."

  24. Tex. Finance Code Sec. 182.101. AMENDMENT OR RESTATEMENT OF STATE TRUST COMPANY CERTIFICATE OF FORMATION.

  25. Tex. Finance Code Sec. 182.102. ESTABLISHING SERIES OF SHARES OR PARTICIPATION SHARES.

  26. Tex. Finance Code Sec. 182.103. CHANGE IN RESTRICTED CAPITAL.

  27. Tex. Finance Code Sec. 182.104. CAPITAL NOTES OR DEBENTURES.

  28. Tex. Finance Code Sec. 182.105. BOARD DESIGNATION OF CERTIFIED SURPLUS. Periodically the board may vote to designate and record in its minutes the amount of certified surplus. Except to absorb losses in excess of undivided profits and uncertified surplus, certified surplus may not be reduced without the prior written approval of the banking commissioner.

  29. Tex. Finance Code Sec. 182.201. CONDUCT OF TRUST BUSINESS. A state trust company may engage in the trust business at its home office and at other locations as permitted by this subchapter.

  30. Tex. Finance Code Sec. 182.202. HOME OFFICE.

  31. Tex. Finance Code Sec. 182.203. ADDITIONAL OFFICES.

  32. Tex. Finance Code Sec. 182.301. MERGER AUTHORITY.

  33. Tex. Finance Code Sec. 182.302. MERGER APPLICATION; GROUNDS FOR APPROVAL.

  34. Tex. Finance Code Sec. 182.303. APPROVAL OF BANKING COMMISSIONER.

  35. Tex. Finance Code Sec. 182.304. RIGHTS OF DISSENTERS TO MERGER. A shareholder, participant, or participant-transferee may dissent from the merger to the extent and by following the procedure provided by the Business Organizations Code or rules adopted under this subtitle.

  36. Tex. Finance Code Sec. 182.401. AUTHORITY TO PURCHASE ASSETS.

  37. Tex. Finance Code Sec. 182.402. AUTHORITY TO ACT AS DISBURSING AGENT.

  38. Tex. Finance Code Sec. 182.403. LIQUIDATION OF SELLING INSTITUTION. If the selling institution is at any time after the sale of assets voluntarily or involuntarily closed for liquidation by a state or federal regulatory agency, the purchasing state trust company shall pay to the receiver of the selling institution the balance of the money held by it in trust for the selling institution and not yet paid to the creditors of the selling institution. Without further action the purchasing state trust company is discharged of all responsibilities to the selling institution, its receiver, or its creditors, shareholders, participants, or participant-transferees.

  39. Tex. Finance Code Sec. 182.404. PAYMENT TO CREDITORS. The purchasing state trust company may pay a creditor of the selling institution the amount to be paid the creditor under the terms of the contract of agency by opening an agency account in the name of the creditor, crediting the account with the amount to be paid the creditor under the terms of the agency contract, and mailing or personally delivering a duplicate ticket evidencing the credit to the creditor at the creditor's address shown in the records of the selling institution. The relationship between the purchasing state trust company and the creditor is that of agent to creditor only to the extent of the credit reflected by the ticket.

  40. Tex. Finance Code Sec. 182.405. SALE OF ASSETS.

  41. Tex. Finance Code Sec. 182.501. MERGER OR CONVERSION OF STATE TRUST COMPANY INTO ANOTHER TRUST INSTITUTION EXERCISING FIDUCIARY POWERS.

  42. Tex. Finance Code Sec. 182.502. CONVERSION OF TRUST INSTITUTION INTO STATE TRUST COMPANY.

Chapter 183

  1. Tex. Finance Code Sec. 183.001. ACQUISITION OF CONTROL.

  2. Tex. Finance Code Sec. 183.002. APPLICATION REGARDING ACQUISITION OF CONTROL.

  3. Tex. Finance Code Sec. 183.003. HEARING AND DECISION ON ACQUISITION OF CONTROL.

  4. Tex. Finance Code Sec. 183.004. APPEAL FROM ADVERSE DECISION.

  5. Tex. Finance Code Sec. 183.005. OBJECTION TO OTHER TRANSFER. This subchapter does not prevent the banking commissioner from investigating, commenting on, or seeking to enjoin or set aside a transfer of voting securities that evidence a direct or indirect interest in a state trust company, regardless of whether the transfer is governed by this subchapter, if the banking commissioner considers the transfer to be against the public interest.

  6. Tex. Finance Code Sec. 183.006. CIVIL ENFORCEMENT; CRIMINAL PENALTY.

  7. Tex. Finance Code Sec. 183.101. VOTING SECURITIES HELD BY TRUST COMPANY.

  8. Tex. Finance Code Sec. 183.102. BYLAWS. Except as provided by Section 183.207, each state trust company shall adopt bylaws and may amend its bylaws from time to time for the purposes and in accordance with the procedures set forth in the Business Organizations Code.

  9. Tex. Finance Code Sec. 183.103. BOARD OF DIRECTORS, MANAGERS, OR MANAGING PARTICIPANTS.

  10. Tex. Finance Code Sec. 183.104. ADVISORY DIRECTOR OR ADVISORY MANAGER.

  11. Tex. Finance Code Sec. 183.105. REQUIRED QUARTERLY BOARD MEETING.

  12. Tex. Finance Code Sec. 183.106. OFFICERS.

  13. Tex. Finance Code Sec. 183.107. LIMITATION ON ACTION OF OFFICER OR EMPLOYEE IN RELATION TO ASSET OR LIABILITY. Unless expressly authorized by a resolution of the board recorded in its minutes, an officer or employee may not create or dispose of a state trust company asset or create or incur a liability on behalf of the state trust company.

  14. Tex. Finance Code Sec. 183.108. CERTAIN CRIMINAL OFFENSES.

  15. Tex. Finance Code Sec. 183.109. TRANSACTIONS WITH MANAGEMENT AND AFFILIATES.

  16. Tex. Finance Code Sec. 183.110. FIDUCIARY RESPONSIBILITY. The board of a state trust company is responsible for the proper exercise of fiduciary powers by the state trust company and each matter pertinent to the exercise of fiduciary powers, including:

  17. Tex. Finance Code Sec. 183.111. RECORDKEEPING. A state trust company shall keep its fiduciary records separate and distinct from other records of the state trust company in compliance with applicable rules adopted under this subtitle. The fiduciary records must contain all appropriate material information relative to each account.

  18. Tex. Finance Code Sec. 183.112. BONDING REQUIREMENTS.

  19. Tex. Finance Code Sec. 183.113. REPORTS OF APPARENT CRIME.

  20. Tex. Finance Code Sec. 183.201. LIABILITY OF PARTICIPANTS AND MANAGERS.

  21. Tex. Finance Code Sec. 183.202. FILING OF NOTICE OF FULL LIABILITY.

  22. Tex. Finance Code Sec. 183.203. CONTRACTING FOR DEBT OR OBLIGATION. Except as provided by this section or the certificate of formation of the limited trust association, a debt, liability, or other obligation may be contracted for or incurred on behalf of a limited trust association only by:

  23. Tex. Finance Code Sec. 183.204. MANAGEMENT OF LIMITED TRUST ASSOCIATION.

  24. Tex. Finance Code Sec. 183.205. WITHDRAWAL OR REDUCTION OF PARTICIPANT'S CONTRIBUTION TO CAPITAL.

  25. Tex. Finance Code Sec. 183.206. INTEREST IN LIMITED TRUST ASSOCIATION; TRANSFERABILITY OF INTEREST.

  26. Tex. Finance Code Sec. 183.207. BYLAWS OF LIMITED TRUST ASSOCIATION.

  27. Tex. Finance Code Sec. 183.208. DISSOLUTION.

  28. Tex. Finance Code Sec. 183.209. ALLOCATION OF PROFITS AND LOSSES. The profits and losses of a limited trust association may be allocated among the participants and among classes of participants as provided by the participation agreement. Without the prior written approval of the banking commissioner to use a different allocation method, the profits and losses must be allocated according to the relative interests of the participants as reflected in the certificate of formation and related documents filed with and approved by the banking commissioner.

  29. Tex. Finance Code Sec. 183.210. DISTRIBUTIONS. Subject to Section 182.103, distributions of cash or other assets of a limited trust association may be made to the participants as provided by the participation agreement. Without the prior written approval of the banking commissioner to use a different distribution method, distributions must be made to the participants according to the relative interests of the participants as reflected in the certificate of formation and related documents filed with and approved by the banking commissioner.

  30. Tex. Finance Code Sec. 183.211. APPLICATION OF OTHER PROVISIONS TO LIMITED TRUST ASSOCIATIONS. For purposes of applying the provisions of this subtitle other than this subchapter to a limited trust association, as the context requires:

Chapter 184

  1. Tex. Finance Code Sec. 184.001. DEFINITION. In this subchapter, "state trust company facility" means real property, including an improvement, that a state trust company owns or leases, to the extent the lease or the leasehold improvement is capitalized, for the purpose of:

  2. Tex. Finance Code Sec. 184.002. INVESTMENT IN STATE TRUST COMPANY FACILITIES.

  3. Tex. Finance Code Sec. 184.003. OTHER REAL PROPERTY.

  4. Tex. Finance Code Sec. 184.101. SECURITIES.

  5. Tex. Finance Code Sec. 184.102. TRANSACTIONS IN STATE TRUST COMPANY SHARES OR PARTICIPATION SHARES. Except with the prior written approval of the banking commissioner:

  6. Tex. Finance Code Sec. 184.103. STATE TRUST COMPANY SUBSIDIARIES.

  7. Tex. Finance Code Sec. 184.104. OTHER INVESTMENT PROVISIONS.

  8. Tex. Finance Code Sec. 184.105. ENGAGING IN COMMERCE PROHIBITED.

  9. Tex. Finance Code Sec. 184.201. LENDING LIMITS.

  10. Tex. Finance Code Sec. 184.202. VIOLATION OF LENDING LIMIT.

  11. Tex. Finance Code Sec. 184.203. LEASE FINANCING TRANSACTION.

  12. Tex. Finance Code Sec. 184.204. GENERAL BANKING PRIVILEGES NOT CONFERRED. This subchapter does not confer general banking privileges on a state trust company.

  13. Tex. Finance Code Sec. 184.301. TRUST DEPOSITS.

  14. Tex. Finance Code Sec. 184.302. GENERAL BANKING PRIVILEGES NOT CONFERRED. This subchapter does not confer general banking privileges on a state trust company.

  15. Tex. Finance Code Sec. 184.401. BORROWING LIMIT. Except with the prior written approval of the banking commissioner, a state trust company may not have outstanding liabilities, excluding trust deposit liabilities arising under Section 184.301, that exceed an amount equal to five times its restricted capital.

  16. Tex. Finance Code Sec. 184.402. PLEDGE OF ASSETS.

Chapter 185

  1. Tex. Finance Code Sec. 185.0001. APPLICABILITY TO STATE TRUST COMPANY SUBSIDIARIES. This subchapter applies to a subsidiary of a state trust company, a present or former officer, director, manager, managing participant, or employee of a subsidiary, or a controlling shareholder or other person participating in the affairs of a subsidiary in the same manner as the subchapter applies to a state trust company, a present or former officer, director, manager, managing participant, or employee of a state trust company, or a controlling shareholder or other person participating in the affairs of a state trust company.

  2. Tex. Finance Code Sec. 185.001. DETERMINATION LETTER.

  3. Tex. Finance Code Sec. 185.002. CEASE AND DESIST ORDER.

  4. Tex. Finance Code Sec. 185.003. REMOVAL OR PROHIBITION ORDER.

  5. Tex. Finance Code Sec. 185.0035. REMOVAL OR PROHIBITION ORDERS IN RESPONSE TO CERTAIN CRIMINAL OFFENSES.

  6. Tex. Finance Code Sec. 185.004. HEARING ON PROPOSED ORDER.

  7. Tex. Finance Code Sec. 185.005. EMERGENCY ORDER.

  8. Tex. Finance Code Sec. 185.006. COPY OF LETTER OR ORDER IN STATE TRUST COMPANY RECORDS. A copy of any determination letter, proposed order, emergency order, or final order issued by the banking commissioner under this subchapter shall be immediately brought to the attention of the board of the affected state trust company, regardless of whether the state trust company is a party, and filed in the minutes of the board. Each director, manager, or managing participant shall immediately certify to the banking commissioner in writing that the certifying person has read and understood the determination letter, proposed order, emergency order, or final order. The required certification may not be considered an admission of a person in a subsequent legal or administrative proceeding.

  9. Tex. Finance Code Sec. 185.007. EFFECT OF FINAL REMOVAL OR PROHIBITION ORDER.

  10. Tex. Finance Code Sec. 185.0071. APPLICATION FOR RELEASE FROM FINAL REMOVAL OR PROHIBITION ORDER.

  11. Tex. Finance Code Sec. 185.008. LIMITATION ON ACTION. The banking commissioner may not initiate an enforcement action under this subchapter later than the fifth anniversary of the date the banking commissioner discovered or reasonably should have discovered the conduct involved.

  12. Tex. Finance Code Sec. 185.009. ENFORCEMENT BY COMMISSIONER.

  13. Tex. Finance Code Sec. 185.010. ADMINISTRATIVE PENALTY.

  14. Tex. Finance Code Sec. 185.011. PAYMENT OR APPEAL OF ADMINISTRATIVE PENALTY.

  15. Tex. Finance Code Sec. 185.012. CONFIDENTIALITY OF RECORDS. A copy of a notice, correspondence, transcript, pleading, or other document in the records of the department relating to an order issued under this subchapter is confidential and may be released only as provided by Subchapter D, Chapter 181, except that the banking commissioner periodically shall publish all final removal and prohibition orders. The banking commissioner may release a final cease and desist order, a final order imposing an administrative penalty, or information regarding the existence of any of those orders to the public if the banking commissioner concludes that the release would enhance effective enforcement of the order.

  16. Tex. Finance Code Sec. 185.013. COLLECTION OF FEES. The banking commissioner may sue to enforce the collection of a fee owed to the department under a law administered by the banking commissioner. In the suit a certificate by the banking commissioner showing the delinquency is prima facie evidence of:

  17. Tex. Finance Code Sec. 185.1001. APPLICABILITY TO STATE TRUST COMPANY SUBSIDIARIES. This subchapter applies to a subsidiary of a state trust company, a present or former officer, director, manager, managing participant, or employee of a subsidiary, or a controlling shareholder or other person participating in the affairs of a subsidiary in the same manner as the subchapter applies to a state trust company, a present or former officer, director, manager, managing participant, or employee of a state trust company, or a controlling shareholder or other person participating in the affairs of a state trust company.

  18. Tex. Finance Code Sec. 185.101. ORDER OF SUPERVISION.

  19. Tex. Finance Code Sec. 185.102. ORDER OF CONSERVATORSHIP.

  20. Tex. Finance Code Sec. 185.103. HEARING.

  21. Tex. Finance Code Sec. 185.104. POST-HEARING ORDER.

  22. Tex. Finance Code Sec. 185.105. CONFIDENTIALITY OF RECORDS. An order issued under this subchapter and a copy of a notice, correspondence, transcript, pleading, or other document in the records of the department relating to the order are confidential and may be released only as provided by Subchapter D, Chapter 181, except that the banking commissioner may release to the public an order or information relating to the existence of an order if the banking commissioner concludes that the release would enhance effective enforcement of the order.

  23. Tex. Finance Code Sec. 185.106. DUTIES OF STATE TRUST COMPANY UNDER SUPERVISION. During a period of supervision, a state trust company, without the prior approval of the banking commissioner or the supervisor or as otherwise permitted or restricted by the order of supervision, may not:

  24. Tex. Finance Code Sec. 185.107. POWERS AND DUTIES OF CONSERVATOR.

  25. Tex. Finance Code Sec. 185.108. QUALIFICATIONS OF APPOINTEE. The banking commissioner may appoint as a supervisor or conservator any person who in the judgment of the banking commissioner is qualified to serve. The banking commissioner may serve as, or may appoint an employee of the department to serve as, a supervisor or conservator.

  26. Tex. Finance Code Sec. 185.109. EXPENSES.

  27. Tex. Finance Code Sec. 185.110. REVIEW OF SUPERVISOR OR CONSERVATOR DECISIONS.

  28. Tex. Finance Code Sec. 185.111. SUIT FILED AGAINST OR ON BEHALF OF STATE TRUST COMPANY UNDER SUPERVISION OR CONSERVATORSHIP.

  29. Tex. Finance Code Sec. 185.112. DURATION. A supervisor or conservator serves for the period necessary to accomplish the purposes of the supervision or conservatorship as intended by this subchapter. A rehabilitated state trust company shall be returned to its former or new management under conditions reasonable and necessary to prevent recurrence of the conditions causing the supervision or conservatorship.

  30. Tex. Finance Code Sec. 185.113. ADMINISTRATIVE ELECTION OF REMEDIES. The banking commissioner may take any action authorized under Chapter 186 regardless of the existence of supervision or conservatorship. A period of supervision or conservatorship is not required before a trust company is closed for liquidation or other remedial action is taken.

  31. Tex. Finance Code Sec. 185.114. RELEASE BEFORE HEARING. This subchapter does not prevent release of a state trust company from supervision or conservatorship before a hearing if the banking commissioner is satisfied that requirements for abatement have been adequately satisfied.

  32. Tex. Finance Code Sec. 185.201. INVESTIGATION OF UNAUTHORIZED TRUST ACTIVITY.

  33. Tex. Finance Code Sec. 185.202. SUBPOENA AUTHORITY.

  34. Tex. Finance Code Sec. 185.203. ENFORCEMENT OF SUBPOENA.

  35. Tex. Finance Code Sec. 185.204. CONFIDENTIALITY OF SUBPOENAED RECORDS.

  36. Tex. Finance Code Sec. 185.205. EVIDENCE.

  37. Tex. Finance Code Sec. 185.206. CEASE AND DESIST ORDER REGARDING UNAUTHORIZED TRUST ACTIVITY.

  38. Tex. Finance Code Sec. 185.207. EMERGENCY CEASE AND DESIST ORDER.

  39. Tex. Finance Code Sec. 185.208. APPEAL OF CEASE AND DESIST ORDER.

  40. Tex. Finance Code Sec. 185.209. VIOLATION OF FINAL CEASE AND DESIST ORDER.

  41. Tex. Finance Code Sec. 185.210. ADMINISTRATIVE PENALTY.

  42. Tex. Finance Code Sec. 185.211. PAYMENT AND APPEAL OF ADMINISTRATIVE PENALTY.

  43. Tex. Finance Code Sec. 185.212. JUDICIAL REVIEW OF ADMINISTRATIVE PENALTY.

Chapter 186

  1. Tex. Finance Code Sec. 186.001. DEFINITION. In this chapter, "administrative expense" means:

  2. Tex. Finance Code Sec. 186.002. REMEDIES EXCLUSIVE.

  3. Tex. Finance Code Sec. 186.003. FEDERAL DEPOSIT INSURANCE CORPORATION AS LIQUIDATOR.

  4. Tex. Finance Code Sec. 186.004. APPOINTMENT OF INDEPENDENT RECEIVER.

  5. Tex. Finance Code Sec. 186.005. SUCCESSION OF TRUST POWERS.

  6. Tex. Finance Code Sec. 186.101. INITIATING VOLUNTARY DISSOLUTION.

  7. Tex. Finance Code Sec. 186.102. FILING RESOLUTIONS WITH BANKING COMMISSIONER. After resolutions to dissolve and liquidate a state trust company have been adopted by the board and shareholders or participants, a majority of the directors, managers, or managing participants shall verify and file with the banking commissioner certified copies of:

  8. Tex. Finance Code Sec. 186.103. BANKING COMMISSIONER INVESTIGATION AND CONSENT. The banking commissioner shall review the documentation submitted under Section 186.102 and conduct any necessary investigation or examination. If the proceedings appear to have been properly conducted and the bond to be given by the liquidating agent or committee is adequate for its purposes, the banking commissioner shall consent to dissolution and direct the state trust company to publish notice of its pending dissolution.

  9. Tex. Finance Code Sec. 186.104. NOTICE OF PENDING DISSOLUTION.

  10. Tex. Finance Code Sec. 186.105. SAFE DEPOSITS AND OTHER BAILMENTS.

  11. Tex. Finance Code Sec. 186.106. OFFICES TO REMAIN OPEN. Unless the banking commissioner directs or consents otherwise, the home office and all additional trust offices of a state trust company initiating voluntary dissolution shall remain open for business during normal business hours until the last date specified in published notices for presentation of claims, withdrawal of accounts, and redemption of property.

  12. Tex. Finance Code Sec. 186.107. FIDUCIARY ACTIVITIES.

  13. Tex. Finance Code Sec. 186.108. FINAL LIQUIDATION.

  14. Tex. Finance Code Sec. 186.109. APPLICATION OF LAW TO STATE TRUST COMPANY IN DISSOLUTION. A state trust company in the process of voluntary dissolution and liquidation remains subject to this subtitle, including provisions for examination by the banking commissioner, and the state trust company shall furnish reports required by the banking commissioner.

  15. Tex. Finance Code Sec. 186.110. AUTHORIZATION OF DEVIATION FROM PROCEDURES. The banking commissioner may authorize a deviation from the procedures for voluntary dissolution provided by this subchapter if the banking commissioner determines that the interests of claimants are not jeopardized by the deviation.

  16. Tex. Finance Code Sec. 186.111. CLOSURE BY BANKING COMMISSIONER FOR INVOLUNTARY DISSOLUTION AND LIQUIDATION. The banking commissioner may close the state trust company for involuntary dissolution and liquidation under this chapter if the banking commissioner determines that:

  17. Tex. Finance Code Sec. 186.112. APPLICATION FOR NEW CHARTER. After a state trust company's charter has been voluntarily surrendered and canceled, the state trust company may not resume business or reopen except on application for and approval of a new charter.

  18. Tex. Finance Code Sec. 186.201. ACTION TO CLOSE STATE TRUST COMPANY.

  19. Tex. Finance Code Sec. 186.202. NOTICE AND EFFECT OF CLOSURE; APPOINTMENT OF RECEIVER.

  20. Tex. Finance Code Sec. 186.203. NATURE AND DURATION OF RECEIVERSHIP.

  21. Tex. Finance Code Sec. 186.204. CONTEST OF LIQUIDATION.

  22. Tex. Finance Code Sec. 186.205. NOTICE OF STATE TRUST COMPANY CLOSING.

  23. Tex. Finance Code Sec. 186.206. INVENTORY. As soon as reasonably practicable given the state of state trust company records and the adequacy of staffing, the receiver shall prepare a comprehensive inventory of the state trust company's assets for filing with the court. The inventory is open to inspection.

  24. Tex. Finance Code Sec. 186.207. RECEIVER'S TITLE AND PRIORITY.

  25. Tex. Finance Code Sec. 186.208. RIGHTS FIXED. The rights and liabilities of the state trust company in liquidation and of a client, creditor, officer, director, manager, managing participant, employee, shareholder, participant, participant-transferee, agent, or other person interested in the state trust company's estate are fixed on the date of closing of the state trust company for liquidation except as otherwise directed by the court or as expressly provided otherwise by this subchapter or Subchapter D.

  26. Tex. Finance Code Sec. 186.209. DEPOSITORIES.

  27. Tex. Finance Code Sec. 186.210. PENDING LAWSUIT.

  28. Tex. Finance Code Sec. 186.211. NEW LAWSUIT.

  29. Tex. Finance Code Sec. 186.212. OBTAINING RECORD OR OTHER PROPERTY IN POSSESSION OF OTHER PERSON.

  30. Tex. Finance Code Sec. 186.213. INJUNCTION IN AID OF LIQUIDATION.

  31. Tex. Finance Code Sec. 186.214. SUBPOENA.

  32. Tex. Finance Code Sec. 186.215. EXECUTORY CONTRACT; ORAL AGREEMENT.

  33. Tex. Finance Code Sec. 186.216. PREFERENCES.

  34. Tex. Finance Code Sec. 186.217. EMPLOYEES OF RECEIVER. The receiver may employ agents, legal counsel, accountants, appraisers, consultants, and other personnel the receiver considers necessary to assist in the performance of the receiver's duties. The receiver may use personnel of the department if the receiver considers the use to be advantageous or desirable. The expense of employing those persons is an administrative expense.

  35. Tex. Finance Code Sec. 186.218. DISPOSAL OF PROPERTY; SETTLING OF CLAIM.

  36. Tex. Finance Code Sec. 186.219. COURT ORDER; NOTICE AND HEARING. If the court requires notice and hearing before entering an order, the court shall set the time and place of the hearing and prescribe whether the notice is to be given by service on specific parties, by publication, or by a combination of those methods. The court may not enter an order requested by a person other than the receiver without notice to the receiver and an opportunity for the receiver to be heard.

  37. Tex. Finance Code Sec. 186.220. RECEIVER'S REPORTS; EXPENSES.

  38. Tex. Finance Code Sec. 186.221. COURT-ORDERED AUDIT.

  39. Tex. Finance Code Sec. 186.222. SAFE DEPOSITS AND OTHER BAILMENTS.

  40. Tex. Finance Code Sec. 186.223. FIDUCIARY ACTIVITIES.

  41. Tex. Finance Code Sec. 186.224. DISPOSITION AND MAINTENANCE OF RECORDS.

  42. Tex. Finance Code Sec. 186.225. RECORDS ADMITTED.

  43. Tex. Finance Code Sec. 186.226. RESUMPTION OF BUSINESS.

  44. Tex. Finance Code Sec. 186.227. ASSETS DISCOVERED AFTER CLOSE OF RECEIVERSHIP.

  45. Tex. Finance Code Sec. 186.301. FILING CLAIM.

  46. Tex. Finance Code Sec. 186.302. PROOF OF CLAIM.

  47. Tex. Finance Code Sec. 186.303. JUDGMENT AS PROOF OF CLAIM.

  48. Tex. Finance Code Sec. 186.304. SECURED CLAIM.

  49. Tex. Finance Code Sec. 186.305. UNLIQUIDATED OR UNDETERMINED CLAIM.

  50. Tex. Finance Code Sec. 186.306. SET-OFF.

  51. Tex. Finance Code Sec. 186.307. ACTION ON CLAIM.

  52. Tex. Finance Code Sec. 186.308. OBJECTION TO APPROVED CLAIM. The receiver with court approval shall set a deadline for an objection to an approved claim. On or before that date a depositor, creditor, other claimant, shareholder, participant, or participant-transferee of the state trust company may file an objection to an approved claim. The objection shall be heard and determined by the court. If the objection is sustained, the court shall direct an appropriate modification of the schedule of claims.

  53. Tex. Finance Code Sec. 186.309. APPEAL OF REJECTED CLAIM.

  54. Tex. Finance Code Sec. 186.310. PAYMENT OF CLAIM.

  55. Tex. Finance Code Sec. 186.311. PRIORITY OF CLAIMS AGAINST INSURED STATE TRUST COMPANY. The distribution of assets from the estate of a state trust company the trust deposits of which are insured by the Federal Deposit Insurance Corporation or its successor shall be made in the same order of priority as assets would be distributed on liquidation or purchase of assets and assumption of liabilities of a national bank under federal law.

  56. Tex. Finance Code Sec. 186.312. PRIORITY OF CLAIMS AGAINST UNINSURED STATE TRUST COMPANY.

  57. Tex. Finance Code Sec. 186.313. EXCESS ASSETS.

  58. Tex. Finance Code Sec. 186.314. UNCLAIMED PROPERTY. After completion of the liquidation, any unclaimed property remaining with the receiver shall be delivered to the comptroller as provided by Chapter 74, Property Code.

Chapter 187

  1. Tex. Finance Code Sec. 187.001. DEFINITIONS.

  2. Tex. Finance Code Sec. 187.002. COMPANIES AUTHORIZED TO CONDUCT A TRUST BUSINESS.

  3. Tex. Finance Code Sec. 187.003. INTERSTATE TRUST BUSINESS OF STATE TRUST COMPANY. Subject to the approval of the banking commissioner pursuant to Section 182.203, a state trust company may engage in the trust business in another state or a foreign country at a trust office or a trust representative office to the extent permitted by and subject to applicable laws of the state or foreign country.

  4. Tex. Finance Code Sec. 187.004. TRUST BUSINESS OF OUT-OF-STATE TRUST COMPANY.

  5. Tex. Finance Code Sec. 187.005. DESIGNATION OF TRUSTEE AND GOVERNING LAW.

  6. Tex. Finance Code Sec. 187.006. TAXATION. An out-of-state trust institution doing business in this state is subject to the franchise tax to the extent provided by Chapter 171, Tax Code.

  7. Tex. Finance Code Sec. 187.007. SEVERABILITY. The provisions of this chapter or applications of those provisions are severable as provided by Section 312.013, Government Code.

  8. Tex. Finance Code Sec. 187.101. TRUST OFFICES IN THIS STATE. An out-of-state trust company may engage in a trust business at an office in this state only if it establishes and maintains a trust office in this state as permitted by this subchapter.

  9. Tex. Finance Code Sec. 187.102. ESTABLISHING AN INTERSTATE TRUST OFFICE.

  10. Tex. Finance Code Sec. 187.103. ACQUIRING AN INTERSTATE TRUST OFFICE.

  11. Tex. Finance Code Sec. 187.104. REQUIREMENT OF NOTICE. An out-of-state trust company desiring to establish and maintain a de novo trust office or acquire an existing trust institution in this state and to operate and maintain the acquired institution as a trust office pursuant to this subchapter shall provide written notice of the proposed transaction to the banking commissioner on or after the date on which the out-of-state trust company applies to the home state regulator for approval to establish and maintain or acquire the trust office. The filing of the notice shall be preceded or accompanied by a copy of the resolution adopted by the board authorizing the additional office and the filing fee, if any, prescribed by law. The written notice must contain sufficient information to enable an informed decision under Section 187.105.

  12. Tex. Finance Code Sec. 187.105. CONDITIONS FOR APPROVAL.

  13. Tex. Finance Code Sec. 187.106. ADDITIONAL TRUST OFFICES. An out-of-state trust company that maintains a trust office in this state under this subchapter may establish or acquire additional trust offices or representative trust offices in this state to the same extent that a state trust company may establish or acquire additional offices in this state pursuant to the procedures for establishing or acquiring the offices set forth in Section 182.203.

  14. Tex. Finance Code Sec. 187.201. REPRESENTATIVE TRUST OFFICE BUSINESS.

  15. Tex. Finance Code Sec. 187.202. REGISTRATION OF REPRESENTATIVE TRUST OFFICE.

  16. Tex. Finance Code Sec. 187.301. COOPERATIVE AGREEMENTS; FEES.

  17. Tex. Finance Code Sec. 187.302. EXAMINATIONS; PERIODIC REPORTS.

  18. Tex. Finance Code Sec. 187.303. INTERPRETIVE STATEMENTS AND OPINIONS.

  19. Tex. Finance Code Sec. 187.304. CONFIDENTIAL INFORMATION. Information obtained directly or indirectly by the banking commissioner relative to the financial condition or business affairs of a trust institution, other than the public portions of a report of condition or income statement, or a present, former, or prospective shareholder, participant, officer, director, manager, affiliate, or service provider of the trust institution, whether obtained through application, examination, or otherwise, and each related file or record of the department is confidential and may not be disclosed by the banking commissioner or an employee of the department except as expressly provided by Subchapter D, Chapter 181.

  20. Tex. Finance Code Sec. 187.305. ENFORCEMENT; APPEALS.

  21. Tex. Finance Code Sec. 187.306. NOTICE OF SUBSEQUENT EVENT. Each out-of-state trust company that has established and maintains an office in this state pursuant to this subtitle shall give written notice, at least 30 days before the effective date of the event, or, in the case of an emergency transaction, a shorter period before the effective date consistent with applicable state or federal law, to the banking commissioner of:

Chapter 199

  1. Tex. Finance Code Sec. 199.001. SLANDER OR LIBEL OF STATE TRUST COMPANY.

  2. Tex. Finance Code Sec. 199.002. AUTHORITY TO ACT AS NOTARY PUBLIC. A notary public is not disqualified from taking an acknowledgment or proof of a written instrument as provided by Section 406.016, Government Code, solely because of the person's ownership of stock or participation interest in or employment by a trust institution that is an interested party in the underlying transaction, including a state trust company or a trust institution organized under the laws of another state that lawfully maintains an office in this state.

  3. Tex. Finance Code Sec. 199.003. SUCCESSION OF TRUST POWERS.

  4. Tex. Finance Code Sec. 199.004. DISCOVERY OF CLIENT RECORDS. Civil discovery of a client record maintained by a trust institution, including a state trust company or a trust institution organized under the laws of another state that lawfully maintains an office in this state, is governed by Section 59.006.

  5. Tex. Finance Code Sec. 199.005. COMPLIANCE REVIEW COMMITTEE. A trust company may establish a compliance review committee as provided by Section 59.009.

Chapter 201

  1. Tex. Finance Code Sec. 201.001. SCOPE OF SUBTITLE.

  2. Tex. Finance Code Sec. 201.002. DEFINITIONS.

  3. Tex. Finance Code Sec. 201.003. RULES.

  4. Tex. Finance Code Sec. 201.004. LAW APPLICABLE TO INTERSTATE BRANCHES.

  5. Tex. Finance Code Sec. 201.005. COOPERATIVE AGREEMENTS; FEES.

  6. Tex. Finance Code Sec. 201.006. ISSUANCE OF INTERPRETIVE STATEMENTS AND OPINIONS.

  7. Tex. Finance Code Sec. 201.007. CONFIDENTIALITY. Except as expressly provided otherwise in this subtitle, confidentiality of information obtained by the commissioner under this subtitle is governed by Subchapter D, Chapter 31, or, with respect to a state savings bank, Subtitle C, and may not be disclosed by the commissioner or an employee of the commissioner's department except as provided by Subchapter D, Chapter 31, or, with respect to a state savings bank, Subtitle C.

  8. Tex. Finance Code Sec. 201.008. NOTICE OF SUBSEQUENT EVENT. Each out-of-state state bank that has established and maintains an interstate branch in this state pursuant to this subtitle shall give written notice to the commissioner, at least 30 days before the effective date of the event, or in the case of an emergency transaction, within a shorter period consistent with applicable state or federal law, of a merger or other transaction that would cause a change of control with respect to the bank or a bank holding company that controls the bank, with the result that an application would be required to be filed with the bank's home state regulator or a federal bank supervisory agency, including an application filed pursuant to the Change in Bank Control Act of 1978 (12 U.S.C. Section 1817(j)), as amended, or the Bank Holding Company Act (12 U.S.C. Section 1841 et seq.).

  9. Tex. Finance Code Sec. 201.009. ENFORCEMENT; APPEALS.

  10. Tex. Finance Code Sec. 201.010. TAXATION. A bank subject to this subtitle is subject to the franchise tax to the extent provided by Chapter 171, Tax Code.

  11. Tex. Finance Code Sec. 201.011. SEVERABILITY. The provisions of this subtitle or the applications of those provisions are severable as provided by Section 311.032(c), Government Code.

  12. Tex. Finance Code Sec. 201.101. DEFINITIONS. In this subchapter:

  13. Tex. Finance Code Sec. 201.102. REGISTRATION TO DO BUSINESS. An out-of-state financial institution must file an application for registration with the secretary of state, before operating a branch or other office in this state, by complying with the law of this state relating to foreign corporations doing business in this state, notwithstanding a provision in that law that purports to limit or prohibit its applicability to financial institutions.

  14. Tex. Finance Code Sec. 201.103. APPOINTMENT OF AGENT TO RECEIVE SERVICE OF PROCESS.

Chapter 202

  1. Tex. Finance Code Sec. 202.001. ACQUISITION OF BANK OR BANK HOLDING COMPANY.

  2. Tex. Finance Code Sec. 202.002. LIMITATION ON CONTROL OF DEPOSITS.

  3. Tex. Finance Code Sec. 202.003. REQUIRED AGE OF ACQUIRED BANK.

  4. Tex. Finance Code Sec. 202.004. NONBANKING ACQUISITION, ELECTION, OR ACTIVITY.

  5. Tex. Finance Code Sec. 202.005. APPLICABLE LAWS.

  6. Tex. Finance Code Sec. 202.006. FINANCIAL ACTIVITIES.

Chapter 203

  1. Tex. Finance Code Sec. 203.001. INTERSTATE BRANCHING BY TEXAS STATE BANKS.

  2. Tex. Finance Code Sec. 203.002. CONDITIONS FOR ENTRY BY DE NOVO BRANCHING.

  3. Tex. Finance Code Sec. 203.003. ENTRY BY INTERSTATE MERGER TRANSACTION.

  4. Tex. Finance Code Sec. 203.004. LIMITATION ON CONTROL OF DEPOSITS.

  5. Tex. Finance Code Sec. 203.006. ADDITIONAL BRANCHES. An out-of-state bank that has established or acquired a branch in this state under this chapter may establish or acquire additional branches in this state to the same extent that a Texas state bank may establish or acquire a branch in this state under applicable state and federal law.

  6. Tex. Finance Code Sec. 203.007. EXAMINATIONS.

Chapter 204

  1. Tex. Finance Code Sec. 204.001. TRANSACTING BUSINESS.

  2. Tex. Finance Code Sec. 204.002. BOOKS, ACCOUNTS, AND RECORDS. Each Texas state branch, agency, or representative office shall maintain and make available appropriate books, accounts, and records reflecting:

  3. Tex. Finance Code Sec. 204.003. EXAMINATION; FEES.

  4. Tex. Finance Code Sec. 204.004. REPORTS.

  5. Tex. Finance Code Sec. 204.005. CHANGE OF CONTROL OF FOREIGN BANK. A foreign bank licensed to establish and maintain a Texas state branch or agency pursuant to Subchapter B, or which has registered a Texas representative office pursuant to Subchapter C, shall file with the commissioner a notice of change of control, in the form and containing the information the commissioner requires, not later than the 14th day after the date of a merger or other transaction that results or will result in a change of control.

  6. Tex. Finance Code Sec. 204.006. OPERATIONS IN THIS STATE OF BANKS OWNED OR CONTROLLED BY FOREIGN BANKS AND OTHER FOREIGN PERSONS.

  7. Tex. Finance Code Sec. 204.007. ESTABLISHMENT OF INTERSTATE BRANCH IN THIS STATE BY AN OUT-OF-STATE FOREIGN BANK.

  8. Tex. Finance Code Sec. 204.008. CONVERSION OF EXISTING OFFICE.

  9. Tex. Finance Code Sec. 204.101. APPLICATION TO ESTABLISH BRANCH OR AGENCY.

  10. Tex. Finance Code Sec. 204.102. HEARING AND DECISION ON APPLICATION.

  11. Tex. Finance Code Sec. 204.103. ISSUANCE OF LICENSE.

  12. Tex. Finance Code Sec. 204.104. NO CONCURRENT FEDERAL BRANCH OR AGENCY.

  13. Tex. Finance Code Sec. 204.105. POWERS OF BRANCH AND AGENCY.

  14. Tex. Finance Code Sec. 204.106. APPLICATION TO ACT AS FIDUCIARY.

  15. Tex. Finance Code Sec. 204.107. FILING OF AMENDMENTS TO CERTIFICATE OF FORMATION. If the certificate of formation of a foreign bank licensed to maintain a Texas state branch or agency is amended, the foreign bank shall promptly file with the commissioner a copy of the amendment, duly authenticated by the proper officer of the country of the foreign bank's organization. The filing does not enlarge or alter the business the foreign bank is authorized to pursue in this state, authorize the foreign bank to transact business in this state under a name other than the name set forth in its license, or extend the duration of its corporate existence.

  16. Tex. Finance Code Sec. 204.108. AMENDED LICENSE FOR BRANCH OR AGENCY.

  17. Tex. Finance Code Sec. 204.109. RELOCATION OF OFFICE.

  18. Tex. Finance Code Sec. 204.110. SEPARATE ASSETS.

  19. Tex. Finance Code Sec. 204.111. DISCLOSURE OF LACK OF DEPOSIT INSURANCE. Each foreign bank licensed to establish and maintain a Texas state branch or agency shall give notice that deposits and credit balances in the office are not insured by the Federal Deposit Insurance Corporation.

  20. Tex. Finance Code Sec. 204.112. LIMITATIONS ON PAYMENT OF INTEREST ON DEPOSITS. A foreign bank licensed to establish and maintain a Texas state branch or agency is subject to the same limitations with respect to the payment of interest on deposits as a state bank that is a member of the Federal Reserve System.

  21. Tex. Finance Code Sec. 204.113. PLEDGE OF ASSETS.

  22. Tex. Finance Code Sec. 204.114. ASSET MAINTENANCE.

  23. Tex. Finance Code Sec. 204.115. VOLUNTARY CLOSURE OF BRANCH OR AGENCY.

  24. Tex. Finance Code Sec. 204.116. ENFORCEMENT. The commissioner may initiate an enforcement action under Chapter 35 or a proceeding to revoke the license of a Texas state branch or agency if the commissioner by examination or other credible evidence finds that the foreign bank:

  25. Tex. Finance Code Sec. 204.117. PROCEDURE FOR REVOCATION.

  26. Tex. Finance Code Sec. 204.118. IMMEDIATE SUSPENSION OR REVOCATION.

  27. Tex. Finance Code Sec. 204.119. STATUS OF REVOKED LICENSE. Unless stayed by the district court that has jurisdiction over an appeal, a final order of the commissioner revoking a license is effective immediately and the foreign bank shall immediately cease all activity in this state requiring a license. Subject to Section 204.120, all functions requiring a license must be immediately transferred to a branch, affiliate, or agency of the foreign bank that is located outside of this state and that has the power to perform those functions under governing law. Continued activity in this state of an unlicensed foreign bank is subject to Subchapter C, Chapter 35.

  28. Tex. Finance Code Sec. 204.120. SEIZURE AND LIQUIDATION.

  29. Tex. Finance Code Sec. 204.121. DISSOLUTION.

  30. Tex. Finance Code Sec. 204.201. REGISTRATION OF REPRESENTATIVE OFFICE.

  31. Tex. Finance Code Sec. 204.202. PLACE OF BUSINESS. A Texas representative office may engage in the business authorized by this subchapter at each place of business registered with the commissioner. A Texas representative office may change its location in this state by filing a notice with the commissioner containing the street address and post office address of the new location.

  32. Tex. Finance Code Sec. 204.203. PERMISSIBLE ACTIVITIES OF REPRESENTATIVE OFFICE.

  33. Tex. Finance Code Sec. 204.204. ENFORCEMENT. The commissioner may initiate an enforcement action under Chapter 35 or a proceeding to revoke the registration of a representative office if the commissioner by examination or other credible evidence finds that the foreign bank:

  34. Tex. Finance Code Sec. 204.205. PROCEDURE FOR REVOCATION.

  35. Tex. Finance Code Sec. 204.206. EFFECT OF REVOKED REGISTRATION. A foreign bank that has had its registration under this subchapter revoked shall cease all activities in this state. Continued activity in this state of an unregistered foreign bank is subject to Subchapter C, Chapter 35.

  36. Tex. Finance Code Sec. 204.207. DISSOLUTION.

Government

Chapter 1

  1. Tex. Government Code Sec. 1.001. PURPOSE OF CODE.

  2. Tex. Government Code Sec. 1.002. CONSTRUCTION OF CODE. The Code Construction Act (Chapter 311 of this code) applies to the construction of each provision in this code, except as otherwise expressly provided by this code.

  3. Tex. Government Code Sec. 1.003. INTERNAL REFERENCES. In this code:

Chapter 2

  1. Tex. Government Code Sec. 2.001. DEFINITIONS. In this chapter:

  2. Tex. Government Code Sec. 2.051. MEANING OF "MANUFACTURED IN THIS STATE."

  3. Tex. Government Code Sec. 2.052. NOT SUBJECT TO FEDERAL REGULATION.

  4. Tex. Government Code Sec. 2.053. MARKETING OF FIREARM SUPPRESSOR. A firearm suppressor manufactured and sold in this state must have the words "Made in Texas" clearly stamped on it.

  5. Tex. Government Code Sec. 2.054. ATTORNEY GENERAL. On written notification to the attorney general by a United States citizen who resides in this state of the citizen's intent to manufacture a firearm suppressor to which Section 2.052 applies, the attorney general shall seek a declaratory judgment from a federal district court in this state that Section 2.052 is consistent with the United States Constitution.

  6. Tex. Government Code Sec. 2.101. APPLICABILITY. This subchapter applies to:

  7. Tex. Government Code Sec. 2.102. STATE AND LOCAL GOVERNMENT POLICY REGARDING ENFORCEMENT OF FEDERAL FIREARM LAWS.

  8. Tex. Government Code Sec. 2.103. STATE GRANT FUNDS.

  9. Tex. Government Code Sec. 2.104. ENFORCEMENT.

Chapter 21

  1. Tex. Government Code Sec. 21.001. INHERENT POWER AND DUTY OF COURTS.

  2. Tex. Government Code Sec. 21.002. CONTEMPT OF COURT.

  3. Tex. Government Code Sec. 21.004. STATE OF JUDICIARY MESSAGE.

  4. Tex. Government Code Sec. 21.005. DISQUALIFICATION. A judge or a justice of the peace may not sit in a case if either of the parties is related to him by affinity or consanguinity within the third degree, as determined under Chapter 573.

  5. Tex. Government Code Sec. 21.006. JUDICIAL FUND. The judicial fund is created in a separate fund in the state treasury to be administered by the comptroller. The fund shall be used only for court-related purposes for the support of the judicial branch of this state.

  6. Tex. Government Code Sec. 21.008. DISTRICT COURT SUPPORT ACCOUNT.

  7. Tex. Government Code Sec. 21.009. DEFINITIONS. In this title:

  8. Tex. Government Code Sec. 21.010. FINANCIAL INTEREST IN PRIVATE CORRECTIONAL AND REHABILITATION FACILITIES PROHIBITED.

  9. Tex. Government Code Sec. 21.011. ELECTRONIC OR DIGITAL SIGNATURE. A judge or justice presiding over a court in this state may sign an electronic or digital court document, including an order, judgment, ruling, notice, commission, or precept, electronically, digitally, or through another secure method. The document signed in that manner is the official document issued by the court.

  10. Tex. Government Code Sec. 21.012. PRESENCE OF QUALIFIED FACILITY DOG OR QUALIFIED THERAPY DOG IN COURT PROCEEDING.

  11. Tex. Government Code Sec. 21.013. CONFIDENTIALITY OF JUDICIAL WORK PRODUCT; CRIMINAL OFFENSE.

  12. Tex. Government Code Sec. 21.014. ELECTRONIC TRANSMISSION OF COURT PROCEEDINGS IN CERTAIN CASES PROHIBITED.

Chapter 22

  1. Tex. Government Code Sec. 22.001. JURISDICTION.

  2. Tex. Government Code Sec. 22.002. WRIT POWER.

  3. Tex. Government Code Sec. 22.003. PROCEDURE OF THE COURT.

  4. Tex. Government Code Sec. 22.0035. MODIFICATION OR SUSPENSION OF CERTAIN PROVISIONS RELATING TO COURT PROCEEDINGS AFFECTED BY DISASTER.

  5. Tex. Government Code Sec. 22.004. RULES OF CIVIL PROCEDURE.

  6. Tex. Government Code Sec. 22.0041. RULES REGARDING FOREIGN LAW AND FOREIGN JUDGMENTS IN CERTAIN FAMILY LAW ACTIONS.

  7. Tex. Government Code Sec. 22.0042. RULES REGARDING EXEMPTIONS FROM SEIZURE OF PROPERTY; FORM.

  8. Tex. Government Code Sec. 22.005. DISQUALIFICATION OF JUSTICES.

  9. Tex. Government Code Sec. 22.006. ADJOURNMENT.

  10. Tex. Government Code Sec. 22.007. PETITION FOR REVIEW.

  11. Tex. Government Code Sec. 22.008. PUBLICATION OF DECISIONS.

  12. Tex. Government Code Sec. 22.009. STENOGRAPHERS; BAILIFF. The supreme court may appoint not more than three stenographers and may appoint a bailiff to attend the court when it is sitting.

  13. Tex. Government Code Sec. 22.010. SEALING OF COURT RECORDS. The supreme court shall adopt rules establishing guidelines for the courts of this state to use in determining whether in the interest of justice the records in a civil case, including settlements, should be sealed.

  14. Tex. Government Code Sec. 22.011. JUDICIAL INSTRUCTION RELATED TO FAMILY VIOLENCE, SEXUAL ASSAULT, TRAFFICKING OF PERSONS, AND CHILD ABUSE.

  15. Tex. Government Code Sec. 22.012. TRAINING RELATED TO DIVERSIONS.

  16. Tex. Government Code Sec. 22.013. JUDICIAL INSTRUCTION RELATED TO GUARDIANSHIP ISSUES.

  17. Tex. Government Code Sec. 22.0133. JUDICIAL, COURT INVESTIGATOR, AND COURT VISITOR TRAINING RELATED TO GUARDIANSHIPS. The supreme court, in consultation with the Judicial Branch Certification Commission, shall ensure that at least one hour of training related to alternatives to guardianships and supports and services that are available to a proposed ward is provided to each judge with jurisdiction to hear a guardianship proceeding, each court investigator appointed under Section 1054.156, Estates Code, and each court visitor appointed under Section 1054.103, Estates Code, at least once every two years.

  18. Tex. Government Code Sec. 22.0135. JUDICIAL GUIDANCE RELATED TO CHILD PROTECTIVE SERVICES CASES AND JUVENILE CASES.

  19. Tex. Government Code Sec. 22.014. SENIOR JUSTICE ACTING FOR CHIEF JUSTICE. In the chief justice's absence, the justice with the most seniority on the supreme court may sign a court document for the chief justice if the chief justice has given that justice written authorization.

  20. Tex. Government Code Sec. 22.015. PERMANENT PLACE DESIGNATIONS.

  21. Tex. Government Code Sec. 22.017. GRANTS BY COMMISSIONS ESTABLISHED BY SUPREME COURT.

  22. Tex. Government Code Sec. 22.018. PROMULGATION OF FORMS FOR CERTAIN EXPEDITED FORECLOSURE PROCEEDINGS. The supreme court shall promulgate the following forms for use in expedited foreclosure proceedings described by Section 50(r), Article XVI, Texas Constitution:

  23. Tex. Government Code Sec. 22.019. PROMULGATION OF CERTAIN LANDLORD-TENANT FORMS.

  24. Tex. Government Code Sec. 22.020. PROMULGATION OF CERTAIN PROBATE FORMS.

  25. Tex. Government Code Sec. 22.022. JUDICIAL INSTRUCTION RELATED TO FOREIGN LAW AND FOREIGN JUDGMENTS.

  26. Tex. Government Code Sec. 22.101. SEAL.

  27. Tex. Government Code Sec. 22.102. MANDATE. When the court from which an appeal is taken is deprived of jurisdiction over the case pending the appeal and the case is determined by a court of appeals or the court of criminal appeals, the mandate of the appellate court that determined the case shall be directed to the court that had jurisdiction over the case, as also provided by Section 22.226.

  28. Tex. Government Code Sec. 22.103. ASCERTAINMENT OF FACTS. The court of criminal appeals may ascertain, on affidavit or otherwise, the matters of fact that are necessary to the exercise of its jurisdiction.

  29. Tex. Government Code Sec. 22.105. DISQUALIFICATION.

  30. Tex. Government Code Sec. 22.106. COMMISSIONERS OF COURT OF CRIMINAL APPEALS.

  31. Tex. Government Code Sec. 22.107. COMMISSION IN AID OF COURT OF CRIMINAL APPEALS.

  32. Tex. Government Code Sec. 22.108. RULES OF APPELLATE PROCEDURE IN CRIMINAL CASES.

  33. Tex. Government Code Sec. 22.109. RULES OF EVIDENCE IN CRIMINAL CASES.

  34. Tex. Government Code Sec. 22.1095. RULES ON ELECTRONIC FILING OF DOCUMENTS FOR CAPITAL CASES IN COURT OF CRIMINAL APPEALS.

  35. Tex. Government Code Sec. 22.110. JUDICIAL INSTRUCTION RELATED TO FAMILY VIOLENCE, SEXUAL ASSAULT, TRAFFICKING OF PERSONS, AND CHILD AND ELDER ABUSE AND NEGLECT.

  36. Tex. Government Code Sec. 22.1105. JUDICIAL INSTRUCTION RELATED TO CERTAIN ALLEGED CHILD OFFENDERS.

  37. Tex. Government Code Sec. 22.1106. JUDICIAL INSTRUCTION RELATED TO COURT-ORDERED OUTPATIENT MENTAL HEALTH SERVICES. The court of criminal appeals shall ensure that judicial training related to court-ordered outpatient mental health services is provided at least once every year. The instruction may be provided at the annual Judicial Education Conference.

  38. Tex. Government Code Sec. 22.111. TRAINING FOR PROSECUTING ATTORNEYS RELATED TO PUNISHMENT ENHANCEMENT BECAUSE OF BIAS OR PREJUDICE. The court of criminal appeals shall provide to prosecuting attorneys training related to the use of Section 12.47, Penal Code, and Article 42.014, Code of Criminal Procedure, for enhancing punishment on a finding that an offense was committed because of the defendant's bias or prejudice as defined in Article 42.014, Code of Criminal Procedure.

  39. Tex. Government Code Sec. 22.112. PERMANENT PLACE DESIGNATIONS.

  40. Tex. Government Code Sec. 22.201. COURTS OF APPEALS DISTRICTS.

  41. Tex. Government Code Sec. 22.202. FIRST COURT OF APPEALS.

  42. Tex. Government Code Sec. 22.203. SECOND COURT OF APPEALS.

  43. Tex. Government Code Sec. 22.204. THIRD COURT OF APPEALS.

  44. Tex. Government Code Sec. 22.205. FOURTH COURT OF APPEALS.

  45. Tex. Government Code Sec. 22.206. FIFTH COURT OF APPEALS.

  46. Tex. Government Code Sec. 22.207. SIXTH COURT OF APPEALS.

  47. Tex. Government Code Sec. 22.208. SEVENTH COURT OF APPEALS. The Court of Appeals for the Seventh Court of Appeals District shall be held in the City of Amarillo.

  48. Tex. Government Code Sec. 22.209. EIGHTH COURT OF APPEALS.

  49. Tex. Government Code Sec. 22.210. NINTH COURT OF APPEALS.

  50. Tex. Government Code Sec. 22.211. TENTH COURT OF APPEALS.

  51. Tex. Government Code Sec. 22.212. ELEVENTH COURT OF APPEALS.

  52. Tex. Government Code Sec. 22.213. TWELFTH COURT OF APPEALS.

  53. Tex. Government Code Sec. 22.214. THIRTEENTH COURT OF APPEALS.

  54. Tex. Government Code Sec. 22.215. FOURTEENTH COURT OF APPEALS.

  55. Tex. Government Code Sec. 22.2151. FIFTEENTH COURT OF APPEALS.

  56. Tex. Government Code Sec. 22.2152. REPORT ON FIFTEENTH COURT OF APPEALS. Not later than December 1 of each year, the Office of Court Administration of the Texas Judicial System shall submit to the legislature a report on the number and types of cases heard by the Court of Appeals for the Fifteenth Court of Appeals District in the preceding state fiscal year.

  57. Tex. Government Code Sec. 22.216. MEMBERSHIP; PERMANENT PLACE DESIGNATIONS.

  58. Tex. Government Code Sec. 22.217. DISQUALIFICATION.

  59. Tex. Government Code Sec. 22.218. TERM OF COURT. The term of each court of appeals begins and ends with each calendar year.

  60. Tex. Government Code Sec. 22.219. ADJOURNMENT.

  61. Tex. Government Code Sec. 22.220. CIVIL JURISDICTION.

  62. Tex. Government Code Sec. 22.221. WRIT POWER.

  63. Tex. Government Code Sec. 22.222. COURT SITTING IN PANELS.

  64. Tex. Government Code Sec. 22.223. COURT SITTING EN BANC.

  65. Tex. Government Code Sec. 22.224. SEAL. The clerk of each court of appeals shall obtain a seal for the court. The seal shall have a star with five points and the words "Court of Appeals of the State of Texas" engraved on it.

  66. Tex. Government Code Sec. 22.225. EFFECT OF JUDGMENT IN CIVIL CASES.

  67. Tex. Government Code Sec. 22.226. MANDATE. When the court from which an appeal is taken is deprived of jurisdiction over the case pending the appeal and the case is determined by a court of appeals or the court of criminal appeals, the mandate of the appellate court that determines the case shall be directed to the court that had jurisdiction over the case, as also provided by Section 22.102.

  68. Tex. Government Code Sec. 22.228. SPECIAL COMMISSIONER.

  69. Tex. Government Code Sec. 22.229. APPELLATE JUDICIAL SYSTEM FUND.

  70. Tex. Government Code Sec. 22.301. SALARIES OF OFFICERS AND PERSONNEL OF APPELLATE COURTS. The salaries of the state prosecuting attorney and the clerks, other officers, and employees of the supreme court, court of criminal appeals, and courts of appeals shall be determined by the legislature in its appropriation acts for the support of the judiciary.

  71. Tex. Government Code Sec. 22.3015. EXPENSES OF APPELLATE COURT JUDGE OR JUSTICE.

  72. Tex. Government Code Sec. 22.302. USE OF TELECONFERENCING TECHNOLOGY.

  73. Tex. Government Code Sec. 22.303. RECORDING OF CERTAIN COURT PROCEEDINGS. If appropriated funds or donations are available in the amount necessary to cover the cost, the supreme court and the court of criminal appeals shall make a video recording or other electronic visual and audio recording of each oral argument and public meeting of the court and post the recording on the court's Internet website.

  74. Tex. Government Code Sec. 22.304. COURT SITTING IN PANELS FOR CERTAIN ELECTION PROCEEDINGS; CRIMINAL OFFENSE.

  75. Tex. Government Code Sec. 22.305. PRIORITY OF CERTAIN ELECTION PROCEEDINGS.

Chapter 23

  1. Tex. Government Code Sec. 23.001. JUVENILE JURISDICTION. Each district court, county court, and statutory county court exercising any of the constitutional jurisdiction of either a county court or a district court has jurisdiction over juvenile matters and may be designated a juvenile court.

  2. Tex. Government Code Sec. 23.002. SUBJECT MATTER JURISDICTION OF CRIMINAL TRIAL COURTS NOT CONDITIONED ON EXHAUSTION OF CIVIL REMEDIES. Unless expressly provided otherwise, the exhaustion of civil, including administrative, remedies is not a prerequisite to the vesting in a trial court of subject matter jurisdiction over a criminal action for which the trial court would otherwise have jurisdiction under other law.

  3. Tex. Government Code Sec. 23.101. PRIMARY PRIORITIES.

  4. Tex. Government Code Sec. 23.102. SECONDARY PRIORITIES. A matter not included in Section 23.101 shall be set at the discretion of the trial court in which the matter is pending, observing the following priorities:

  5. Tex. Government Code Sec. 23.103. EFFECT ON OTHER LAWS. Sections 23.101 and 23.102 do not affect a statute directing a specific court to give preference to cases involving that court's criminal jurisdiction, family law jurisdiction, or other specified jurisdiction.

  6. Tex. Government Code Sec. 23.201. DEFINITION. In this subchapter, "state bar" means the State Bar of Texas.

  7. Tex. Government Code Sec. 23.202. UNIFORM JURY HANDBOOK; CONTENTS.

  8. Tex. Government Code Sec. 23.203. DISTRIBUTION OF HANDBOOK.

  9. Tex. Government Code Sec. 23.204. CONFLICT WITH INSTRUCTION OR CHARGE. If a provision of the uniform jury handbook is in conflict with an instruction or charge of a trial judge in a case, the instruction or charge supersedes the provision of the handbook.

  10. Tex. Government Code Sec. 23.301. ASSIGNMENT OF CERTAIN ELECTION PROCEEDINGS; CRIMINAL OFFENSE.

  11. Tex. Government Code Sec. 23.302. DEADLINES IN CERTAIN ELECTION PROCEEDINGS.

  12. Tex. Government Code Sec. 23.303. PROCEDURES RELATED TO MOTIONS FOR SUMMARY JUDGMENT; ANNUAL REPORT.

Chapter 24

  1. Tex. Government Code Sec. 24.001. AGE QUALIFICATION OF JUDGES. A district judge must be at least 25 years old.

  2. Tex. Government Code Sec. 24.002. ASSIGNMENT OF JUDGE OR TRANSFER OF CASE ON RECUSAL. If a district judge determines on the judge's own motion that the judge should not sit in a case pending in the judge's court because the judge is disqualified or otherwise should recuse himself or herself, the judge shall enter a recusal order, request the presiding judge of that administrative judicial region to assign another judge to sit, and take no further action in the case except for good cause stated in the order in which the action is taken. A change of venue is not necessary because of the disqualification of a district judge in a case or proceeding pending in the judge's court.

  3. Tex. Government Code Sec. 24.003. TRANSFER OF CASES; EXCHANGE OF BENCHES.

  4. Tex. Government Code Sec. 24.004. SPECIAL JUDGE BY AGREEMENT OF PARTIES. If the parties agree on a special judge for the trial of a particular case, the clerk shall enter in the minutes of the court, as a part of the proceedings in the case, a record showing:

  5. Tex. Government Code Sec. 24.006. SALARY OF SPECIAL JUDGE.

  6. Tex. Government Code Sec. 24.007. JURISDICTION.

  7. Tex. Government Code Sec. 24.008. OTHER JURISDICTION. The district court may hear and determine any cause that is cognizable by courts of law or equity and may grant any relief that could be granted by either courts of law or equity.

  8. Tex. Government Code Sec. 24.009. JURISDICTIONAL AMOUNT IF PARTIES PROPERLY JOIN IN ONE SUIT. If two or more persons originally and properly join in one suit, the suit for jurisdictional purposes is treated as if one party is suing for the aggregate amount of all their claims added together, excluding interest and costs. This section does not prevent jurisdiction from attaching on any other ground.

  9. Tex. Government Code Sec. 24.010. JURISDICTION OF FAILURE TO PAY OVER CERTAIN MONEY. The district court may hear and determine:

  10. Tex. Government Code Sec. 24.011. WRIT POWER. A judge of a district court may, either in termtime or vacation, grant writs of mandamus, injunction, sequestration, attachment, garnishment, certiorari, and supersedeas and all other writs necessary to the enforcement of the court's jurisdiction.

  11. Tex. Government Code Sec. 24.012. TERMS AND SESSIONS OF COURT.

  12. Tex. Government Code Sec. 24.0125. TERMS AND SESSIONS OF COURT FOLLOWING CERTAIN DISASTERS. Notwithstanding any other law, if a disaster, as defined by Section 418.004, precludes a district court from holding its judicial district terms in accordance with Section 24.012, the presiding judge of the administrative judicial region, with the approval of the judge of the affected district court, may designate the terms and sessions of court.

  13. Tex. Government Code Sec. 24.014. SPECIAL TERMS.

  14. Tex. Government Code Sec. 24.015. PROCEDURE AT SPECIAL TERM.

  15. Tex. Government Code Sec. 24.016. APPOINTED COUNSEL. A district judge may appoint counsel to attend to the cause of a party who makes an affidavit that he is too poor to employ counsel to attend to the cause.

  16. Tex. Government Code Sec. 24.017. PROCEEDINGS IN MULTICOUNTY DISTRICTS.

  17. Tex. Government Code Sec. 24.018. CERTAIN EFFECT OF DISTRICT REORGANIZATION. If the counties that compose a judicial district or the time or place for holding terms of a district court are changed by law:

  18. Tex. Government Code Sec. 24.019. EXPENSES OF DISTRICT JUDGE.

  19. Tex. Government Code Sec. 24.020. JURISDICTION OVER COMMISSIONERS COURT. The district court has appellate jurisdiction and general supervisory control over the commissioners court, with the exceptions and regulations prescribed by law.

  20. Tex. Government Code Sec. 24.021. INCOMPETENCY. For purposes of Article XV, Section 6, of the Texas Constitution, "incompetency" means:

  21. Tex. Government Code Sec. 24.022. EFFECT OF TRANSFER OF CERTAIN CASES FOLLOWING CREATION OF ADDITIONAL COURT.

  22. Tex. Government Code Sec. 24.023. OBLIGATIONS; BONDS.

  23. Tex. Government Code Sec. 24.024. FILING AND DOCKETING CASES. In a county with two or more district courts, the district judges may adopt rules governing the filing and numbering of cases, the assignment of cases for trial, and the distribution of the work of the courts as in their discretion they consider necessary or desirable for the orderly dispatch of the business of the courts.

  24. Tex. Government Code Sec. 24.025. SUPPLEMENTAL COMPENSATION.

  25. Tex. Government Code Sec. 24.026. APPOINTMENT OF INITIAL JUDGE. On the creation of a new judicial district, the initial vacancy in the office of district judge is filled in accordance with Section 28, Article V, Texas Constitution.

  26. Tex. Government Code Sec. 24.027. GRAND AND PETIT JURORS. All grand and petit jurors selected in a county before a new district court is created or the composition of an existing district court is modified by an amendment to this chapter are considered to be selected for the new or modified district court, as applicable.

  27. Tex. Government Code Sec. 24.028. CASES TRANSFERRED. If by an amendment to this chapter a county is removed from the composition of an existing judicial district and added to another existing or new judicial district, all cases and proceedings from that county that are pending in the district court of the judicial district from which the county was removed are transferred to the district court of the judicial district to which the county is added. The judge of each affected district court shall sign the proper orders in connection with the transfer.

  28. Tex. Government Code Sec. 24.029. PROCESSES, WRITS, AND OTHER OBLIGATIONS REMAIN VALID.

  29. Tex. Government Code Sec. 24.030. LOCATION OF COURT.

  30. Tex. Government Code Sec. 24.031. COURT OFFICERS. The prosecuting attorney, the sheriff, the district clerk, the bailiffs, and the other officers serving the other district courts of the county shall serve in their respective capacities for the courts listed in this chapter.

  31. Tex. Government Code Sec. 24.033. LOCATION OF PROCEEDINGS FOLLOWING CERTAIN DISASTERS.

  32. Tex. Government Code Sec. 24.034. ASSIGNMENT OF CASES IN DISTRICT COURTS IN HIDALGO COUNTY.

  33. Tex. Government Code Sec. 24.101. 1ST JUDICIAL DISTRICT (JASPER, NEWTON, SABINE, AND SAN AUGUSTINE COUNTIES).

  34. Tex. Government Code Sec. 24.102. 2ND JUDICIAL DISTRICT (CHEROKEE COUNTY).

  35. Tex. Government Code Sec. 24.103. 3RD JUDICIAL DISTRICT (ANDERSON, HENDERSON, AND HOUSTON COUNTIES).

  36. Tex. Government Code Sec. 24.104. 4TH JUDICIAL DISTRICT (RUSK COUNTY).

  37. Tex. Government Code Sec. 24.105. 5TH JUDICIAL DISTRICT (BOWIE AND CASS COUNTIES).

  38. Tex. Government Code Sec. 24.106. 6TH JUDICIAL DISTRICT ( LAMAR AND RED RIVER COUNTIES).

  39. Tex. Government Code Sec. 24.107. 7TH JUDICIAL DISTRICT (SMITH COUNTY).

  40. Tex. Government Code Sec. 24.108. 8TH JUDICIAL DISTRICT (DELTA, FRANKLIN, HOPKINS, AND RAINS COUNTIES).

  41. Tex. Government Code Sec. 24.109. 9TH JUDICIAL DISTRICT (MONTGOMERY COUNTY).

  42. Tex. Government Code Sec. 24.110. 410TH JUDICIAL DISTRICT (MONTGOMERY COUNTY).

  43. Tex. Government Code Sec. 24.111. 10TH JUDICIAL DISTRICT (GALVESTON COUNTY).

  44. Tex. Government Code Sec. 24.112. 11TH JUDICIAL DISTRICT (HARRIS COUNTY).

  45. Tex. Government Code Sec. 24.113. 12TH JUDICIAL DISTRICT (GRIMES, MADISON, AND WALKER COUNTIES). The 12th Judicial District is composed of Grimes, Madison, and Walker counties.

  46. Tex. Government Code Sec. 24.114. 13TH JUDICIAL DISTRICT (NAVARRO COUNTY).

  47. Tex. Government Code Sec. 24.115. 14TH JUDICIAL DISTRICT (DALLAS COUNTY).

  48. Tex. Government Code Sec. 24.116. 15TH JUDICIAL DISTRICT (GRAYSON COUNTY).

  49. Tex. Government Code Sec. 24.117. 16TH JUDICIAL DISTRICT (DENTON COUNTY).

  50. Tex. Government Code Sec. 24.118. 17TH JUDICIAL DISTRICT (TARRANT COUNTY).

  51. Tex. Government Code Sec. 24.119. 18TH JUDICIAL DISTRICT (JOHNSON AND SOMERVELL COUNTIES).

  52. Tex. Government Code Sec. 24.120. 19TH JUDICIAL DISTRICT (MCLENNAN COUNTY).

  53. Tex. Government Code Sec. 24.121. 20TH JUDICIAL DISTRICT (MILAM COUNTY).

  54. Tex. Government Code Sec. 24.122. 21ST JUDICIAL DISTRICT (BASTROP, BURLESON, LEE, AND WASHINGTON COUNTIES).

  55. Tex. Government Code Sec. 24.123. 22ND JUDICIAL DISTRICT (CALDWELL, COMAL, AND HAYS COUNTIES).

  56. Tex. Government Code Sec. 24.124. 23RD JUDICIAL DISTRICT (MATAGORDA AND WHARTON COUNTIES).

  57. Tex. Government Code Sec. 24.125. 24TH JUDICIAL DISTRICT (CALHOUN, DEWITT, GOLIAD, JACKSON, REFUGIO, AND VICTORIA COUNTIES).

  58. Tex. Government Code Sec. 24.126. 25TH JUDICIAL DISTRICT (COLORADO, GONZALES, GUADALUPE, AND LAVACA COUNTIES).

  59. Tex. Government Code Sec. 24.127. SECOND 25TH JUDICIAL DISTRICT (COLORADO, GONZALES, GUADALUPE, AND LAVACA COUNTIES).

  60. Tex. Government Code Sec. 24.128. 26TH JUDICIAL DISTRICT (WILLIAMSON COUNTY).

  61. Tex. Government Code Sec. 24.129. 27TH JUDICIAL DISTRICT (BELL AND LAMPASAS COUNTIES).

  62. Tex. Government Code Sec. 24.130. 28TH JUDICIAL DISTRICT (NUECES COUNTY).

  63. Tex. Government Code Sec. 24.131. 29TH JUDICIAL DISTRICT (PALO PINTO COUNTY).

  64. Tex. Government Code Sec. 24.132. 30TH JUDICIAL DISTRICT (WICHITA COUNTY).

  65. Tex. Government Code Sec. 24.133. 31ST JUDICIAL DISTRICT (GRAY, HEMPHILL, LIPSCOMB, ROBERTS, AND WHEELER COUNTIES).

  66. Tex. Government Code Sec. 24.134. 32ND JUDICIAL DISTRICT (FISHER, MITCHELL, AND NOLAN COUNTIES).

  67. Tex. Government Code Sec. 24.135. 33RD JUDICIAL DISTRICT (BLANCO, BURNET, LLANO, AND SAN SABA COUNTIES).

  68. Tex. Government Code Sec. 24.136. 34TH JUDICIAL DISTRICT (EL PASO COUNTY).

  69. Tex. Government Code Sec. 24.137. 35TH JUDICIAL DISTRICT (BROWN AND MILLS COUNTIES).

  70. Tex. Government Code Sec. 24.138. 36TH JUDICIAL DISTRICT (ARANSAS, BEE, LIVE OAK, MCMULLEN, AND SAN PATRICIO COUNTIES).

  71. Tex. Government Code Sec. 24.139. 37TH JUDICIAL DISTRICT (BEXAR COUNTY).

  72. Tex. Government Code Sec. 24.140. 38TH JUDICIAL DISTRICT (REAL AND UVALDE COUNTIES). The 38th Judicial District is composed of Real and Uvalde counties.

  73. Tex. Government Code Sec. 24.141. 39TH JUDICIAL DISTRICT (HASKELL, KENT, STONEWALL, AND THROCKMORTON COUNTIES).

  74. Tex. Government Code Sec. 24.142. 40TH JUDICIAL DISTRICT (ELLIS COUNTY).

  75. Tex. Government Code Sec. 24.143. 41ST JUDICIAL DISTRICT (EL PASO COUNTY).

  76. Tex. Government Code Sec. 24.144. 42ND JUDICIAL DISTRICT (CALLAHAN, COLEMAN, AND TAYLOR COUNTIES).

  77. Tex. Government Code Sec. 24.145. 43RD JUDICIAL DISTRICT (PARKER COUNTY).

  78. Tex. Government Code Sec. 24.146. 44TH JUDICIAL DISTRICT (DALLAS COUNTY).

  79. Tex. Government Code Sec. 24.147. 45TH JUDICIAL DISTRICT (BEXAR COUNTY).

  80. Tex. Government Code Sec. 24.148. 46TH JUDICIAL DISTRICT (FOARD, HARDEMAN, AND WILBARGER COUNTIES).

  81. Tex. Government Code Sec. 24.149. 47TH JUDICIAL DISTRICT (ARMSTRONG, POTTER, AND RANDALL COUNTIES).

  82. Tex. Government Code Sec. 24.150. 48TH JUDICIAL DISTRICT (TARRANT COUNTY).

  83. Tex. Government Code Sec. 24.151. 49TH JUDICIAL DISTRICT (WEBB AND ZAPATA COUNTIES).

  84. Tex. Government Code Sec. 24.152. 50TH JUDICIAL DISTRICT (BAYLOR, COTTLE, KING, AND KNOX COUNTIES).

  85. Tex. Government Code Sec. 24.153. 51ST JUDICIAL DISTRICT (COKE, IRION, SCHLEICHER, STERLING, AND TOM GREEN COUNTIES).

  86. Tex. Government Code Sec. 24.154. 52ND JUDICIAL DISTRICT (CORYELL COUNTY).

  87. Tex. Government Code Sec. 24.155. 53RD JUDICIAL DISTRICT (TRAVIS COUNTY).

  88. Tex. Government Code Sec. 24.156. 54TH JUDICIAL DISTRICT (MCLENNAN COUNTY).

  89. Tex. Government Code Sec. 24.157. 55TH JUDICIAL DISTRICT (HARRIS COUNTY).

  90. Tex. Government Code Sec. 24.158. 56TH JUDICIAL DISTRICT (GALVESTON COUNTY).

  91. Tex. Government Code Sec. 24.159. 57TH JUDICIAL DISTRICT (BEXAR COUNTY).

  92. Tex. Government Code Sec. 24.160. 58TH JUDICIAL DISTRICT (JEFFERSON COUNTY).

  93. Tex. Government Code Sec. 24.161. 59TH JUDICIAL DISTRICT (GRAYSON COUNTY).

  94. Tex. Government Code Sec. 24.162. 60TH JUDICIAL DISTRICT (JEFFERSON COUNTY).

  95. Tex. Government Code Sec. 24.163. 61ST JUDICIAL DISTRICT (HARRIS COUNTY).

  96. Tex. Government Code Sec. 24.164. 62ND JUDICIAL DISTRICT (DELTA, FRANKLIN, HOPKINS, AND LAMAR COUNTIES).

  97. Tex. Government Code Sec. 24.165. 63RD JUDICIAL DISTRICT (KINNEY, TERRELL, AND VAL VERDE COUNTIES).

  98. Tex. Government Code Sec. 24.166. 64TH JUDICIAL DISTRICT (CASTRO, HALE, AND SWISHER COUNTIES).

  99. Tex. Government Code Sec. 24.167. 327TH JUDICIAL DISTRICT (EL PASO COUNTY).

  100. Tex. Government Code Sec. 24.168. 66TH JUDICIAL DISTRICT (HILL COUNTY).

  101. Tex. Government Code Sec. 24.169. 67TH JUDICIAL DISTRICT (TARRANT COUNTY).

  102. Tex. Government Code Sec. 24.170. 68TH JUDICIAL DISTRICT (DALLAS COUNTY).

  103. Tex. Government Code Sec. 24.171. 69TH JUDICIAL DISTRICT (DALLAM, HARTLEY, MOORE, AND SHERMAN COUNTIES).

  104. Tex. Government Code Sec. 24.172. 70TH JUDICIAL DISTRICT (ECTOR COUNTY).

  105. Tex. Government Code Sec. 24.173. 71ST JUDICIAL DISTRICT (HARRISON COUNTY).

  106. Tex. Government Code Sec. 24.174. 72ND JUDICIAL DISTRICT (CROSBY AND LUBBOCK COUNTIES).

  107. Tex. Government Code Sec. 24.175. 73RD JUDICIAL DISTRICT (BEXAR COUNTY).

  108. Tex. Government Code Sec. 24.176. 74TH JUDICIAL DISTRICT (MCLENNAN COUNTY).

  109. Tex. Government Code Sec. 24.177. 75TH JUDICIAL DISTRICT (LIBERTY COUNTY).

  110. Tex. Government Code Sec. 24.178. 76TH JUDICIAL DISTRICT (CAMP, MORRIS, AND TITUS COUNTIES).

  111. Tex. Government Code Sec. 24.179. 77TH JUDICIAL DISTRICT (FREESTONE AND LIMESTONE COUNTIES).

  112. Tex. Government Code Sec. 24.180. 78TH JUDICIAL DISTRICT (WICHITA COUNTY).

  113. Tex. Government Code Sec. 24.181. 79TH JUDICIAL DISTRICT (BROOKS AND JIM WELLS COUNTIES).

  114. Tex. Government Code Sec. 24.182. 80TH JUDICIAL DISTRICT (HARRIS COUNTY).

  115. Tex. Government Code Sec. 24.183. 81ST JUDICIAL DISTRICT (ATASCOSA, FRIO, KARNES, LASALLE, AND WILSON COUNTIES).

  116. Tex. Government Code Sec. 24.184. 82ND JUDICIAL DISTRICT (FALLS AND ROBERTSON COUNTIES).

  117. Tex. Government Code Sec. 24.185. 83RD JUDICIAL DISTRICT (PECOS, TERRELL, AND VAL VERDE COUNTIES).

  118. Tex. Government Code Sec. 24.186. 84TH JUDICIAL DISTRICT (HANSFORD, HUTCHINSON, AND OCHILTREE COUNTIES).

  119. Tex. Government Code Sec. 24.187. 85TH JUDICIAL DISTRICT (BRAZOS COUNTY).

  120. Tex. Government Code Sec. 24.188. 86TH JUDICIAL DISTRICT (KAUFMAN COUNTY).

  121. Tex. Government Code Sec. 24.189. 87TH JUDICIAL DISTRICT (ANDERSON, FREESTONE, LEON, AND LIMESTONE COUNTIES).

  122. Tex. Government Code Sec. 24.190. 88TH JUDICIAL DISTRICT (HARDIN AND TYLER COUNTIES).

  123. Tex. Government Code Sec. 24.191. 89TH JUDICIAL DISTRICT (WICHITA COUNTY).

  124. Tex. Government Code Sec. 24.192. 90TH JUDICIAL DISTRICT (STEPHENS AND YOUNG COUNTIES).

  125. Tex. Government Code Sec. 24.193. 91ST JUDICIAL DISTRICT (EASTLAND COUNTY).

  126. Tex. Government Code Sec. 24.194. 92ND JUDICIAL DISTRICT (HIDALGO COUNTY).

  127. Tex. Government Code Sec. 24.195. 93RD JUDICIAL DISTRICT (HIDALGO COUNTY).

  128. Tex. Government Code Sec. 24.196. 94TH JUDICIAL DISTRICT (NUECES COUNTY).

  129. Tex. Government Code Sec. 24.197. 95TH JUDICIAL DISTRICT (DALLAS COUNTY).

  130. Tex. Government Code Sec. 24.198. 96TH JUDICIAL DISTRICT (TARRANT COUNTY).

  131. Tex. Government Code Sec. 24.199. 97TH JUDICIAL DISTRICT (ARCHER, CLAY, AND MONTAGUE COUNTIES).

  132. Tex. Government Code Sec. 24.200. 98TH JUDICIAL DISTRICT (TRAVIS COUNTY).

  133. Tex. Government Code Sec. 24.201. 99TH JUDICIAL DISTRICT (LUBBOCK COUNTY).

  134. Tex. Government Code Sec. 24.202. 100TH JUDICIAL DISTRICT (CARSON, CHILDRESS, COLLINGSWORTH, DONLEY, AND HALL COUNTIES).

  135. Tex. Government Code Sec. 24.203. 101ST JUDICIAL DISTRICT (DALLAS COUNTY).

  136. Tex. Government Code Sec. 24.204. 102ND JUDICIAL DISTRICT (BOWIE AND RED RIVER COUNTIES).

  137. Tex. Government Code Sec. 24.205. 103RD JUDICIAL DISTRICT (CAMERON COUNTY).

  138. Tex. Government Code Sec. 24.206. 104TH JUDICIAL DISTRICT (TAYLOR COUNTY).

  139. Tex. Government Code Sec. 24.207. 105TH JUDICIAL DISTRICT (KENEDY, KLEBERG, AND NUECES COUNTIES).

  140. Tex. Government Code Sec. 24.208. 106TH JUDICIAL DISTRICT (DAWSON, GAINES, GARZA, AND LYNN COUNTIES).

  141. Tex. Government Code Sec. 24.209. 107TH JUDICIAL DISTRICT (CAMERON COUNTY).

  142. Tex. Government Code Sec. 24.210. 108TH JUDICIAL DISTRICT (POTTER COUNTY).

  143. Tex. Government Code Sec. 24.211. 109TH JUDICIAL DISTRICT (ANDREWS, CRANE, AND WINKLER COUNTIES).

  144. Tex. Government Code Sec. 24.212. 110TH JUDICIAL DISTRICT (BRISCOE, DICKENS, FLOYD, AND MOTLEY COUNTIES).

  145. Tex. Government Code Sec. 24.213. 111TH JUDICIAL DISTRICT (WEBB COUNTY).

  146. Tex. Government Code Sec. 24.214. 112TH JUDICIAL DISTRICT (CROCKETT, PECOS, REAGAN, SUTTON, AND UPTON COUNTIES).

  147. Tex. Government Code Sec. 24.215. 113TH JUDICIAL DISTRICT (HARRIS COUNTY).

  148. Tex. Government Code Sec. 24.216. 114TH JUDICIAL DISTRICT (SMITH COUNTY).

  149. Tex. Government Code Sec. 24.217. 115TH JUDICIAL DISTRICT (MARION AND UPSHUR COUNTIES).

  150. Tex. Government Code Sec. 24.218. 116TH JUDICIAL DISTRICT (DALLAS COUNTY).

  151. Tex. Government Code Sec. 24.219. 117TH JUDICIAL DISTRICT (NUECES COUNTY).

  152. Tex. Government Code Sec. 24.220. 118TH JUDICIAL DISTRICT (GLASSCOCK, HOWARD, AND MARTIN COUNTIES).

  153. Tex. Government Code Sec. 24.221. 119TH JUDICIAL DISTRICT (CONCHO, RUNNELS, AND TOM GREEN COUNTIES).

  154. Tex. Government Code Sec. 24.222. 120TH JUDICIAL DISTRICT (EL PASO COUNTY).

  155. Tex. Government Code Sec. 24.223. 121ST JUDICIAL DISTRICT (TERRY AND YOAKUM COUNTIES).

  156. Tex. Government Code Sec. 24.224. 122ND JUDICIAL DISTRICT (GALVESTON COUNTY).

  157. Tex. Government Code Sec. 24.225. 123RD JUDICIAL DISTRICT (PANOLA AND SHELBY COUNTIES).

  158. Tex. Government Code Sec. 24.226. 124TH JUDICIAL DISTRICT (GREGG COUNTY).

  159. Tex. Government Code Sec. 24.227. 125TH JUDICIAL DISTRICT (HARRIS COUNTY).

  160. Tex. Government Code Sec. 24.228. 126TH JUDICIAL DISTRICT (TRAVIS COUNTY).

  161. Tex. Government Code Sec. 24.229. 127TH JUDICIAL DISTRICT (HARRIS COUNTY).

  162. Tex. Government Code Sec. 24.230. 128TH JUDICIAL DISTRICT (ORANGE COUNTY).

  163. Tex. Government Code Sec. 24.231. 129TH JUDICIAL DISTRICT (HARRIS COUNTY).

  164. Tex. Government Code Sec. 24.232. 130TH JUDICIAL DISTRICT (MATAGORDA COUNTY).

  165. Tex. Government Code Sec. 24.233. 131ST JUDICIAL DISTRICT (BEXAR COUNTY).

  166. Tex. Government Code Sec. 24.234. 132ND JUDICIAL DISTRICT (BORDEN AND SCURRY COUNTIES).

  167. Tex. Government Code Sec. 24.235. 133RD JUDICIAL DISTRICT (HARRIS COUNTY).

  168. Tex. Government Code Sec. 24.236. 134TH JUDICIAL DISTRICT (DALLAS COUNTY).

  169. Tex. Government Code Sec. 24.237. 135TH JUDICIAL DISTRICT (CALHOUN, DEWITT, GOLIAD, JACKSON, REFUGIO, AND VICTORIA COUNTIES).

  170. Tex. Government Code Sec. 24.238. 136TH JUDICIAL DISTRICT (JEFFERSON COUNTY).

  171. Tex. Government Code Sec. 24.239. 137TH JUDICIAL DISTRICT (LUBBOCK COUNTY).

  172. Tex. Government Code Sec. 24.240. 138TH JUDICIAL DISTRICT (CAMERON COUNTY).

  173. Tex. Government Code Sec. 24.241. 139TH JUDICIAL DISTRICT (HIDALGO COUNTY).

  174. Tex. Government Code Sec. 24.242. 140TH JUDICIAL DISTRICT (LUBBOCK COUNTY).

  175. Tex. Government Code Sec. 24.243. 142ND JUDICIAL DISTRICT (MIDLAND COUNTY).

  176. Tex. Government Code Sec. 24.244. 143RD JUDICIAL DISTRICT (LOVING, REEVES, AND WARD COUNTIES).

  177. Tex. Government Code Sec. 24.245. 144TH JUDICIAL DISTRICT (BEXAR COUNTY).

  178. Tex. Government Code Sec. 24.246. 145TH JUDICIAL DISTRICT (NACOGDOCHES COUNTY).

  179. Tex. Government Code Sec. 24.247. 146TH JUDICIAL DISTRICT (BELL COUNTY).

  180. Tex. Government Code Sec. 24.248. 147TH JUDICIAL DISTRICT (TRAVIS COUNTY).

  181. Tex. Government Code Sec. 24.249. 150TH JUDICIAL DISTRICT (BEXAR COUNTY).

  182. Tex. Government Code Sec. 24.250. 151ST JUDICIAL DISTRICT (HARRIS COUNTY).

  183. Tex. Government Code Sec. 24.251. 152ND JUDICIAL DISTRICT (HARRIS COUNTY).

  184. Tex. Government Code Sec. 24.252. 153RD JUDICIAL DISTRICT (TARRANT COUNTY).

  185. Tex. Government Code Sec. 24.253. 154TH JUDICIAL DISTRICT (LAMB COUNTY).

  186. Tex. Government Code Sec. 24.254. 155TH JUDICIAL DISTRICT (AUSTIN AND FAYETTE COUNTIES).

  187. Tex. Government Code Sec. 24.255. 156TH JUDICIAL DISTRICT (ARANSAS, BEE, LIVE OAK, MCMULLEN, AND SAN PATRICIO COUNTIES).

  188. Tex. Government Code Sec. 24.256. 157TH JUDICIAL DISTRICT (HARRIS COUNTY).

  189. Tex. Government Code Sec. 24.257. 160TH JUDICIAL DISTRICT (DALLAS COUNTY).

  190. Tex. Government Code Sec. 24.258. 161ST JUDICIAL DISTRICT (ECTOR COUNTY).

  191. Tex. Government Code Sec. 24.259. 162ND JUDICIAL DISTRICT (DALLAS COUNTY).

  192. Tex. Government Code Sec. 24.260. 163RD JUDICIAL DISTRICT (ORANGE COUNTY).

  193. Tex. Government Code Sec. 24.261. 164TH JUDICIAL DISTRICT (HARRIS COUNTY).

  194. Tex. Government Code Sec. 24.262. 165TH JUDICIAL DISTRICT (HARRIS COUNTY).

  195. Tex. Government Code Sec. 24.263. 166TH JUDICIAL DISTRICT (BEXAR COUNTY).

  196. Tex. Government Code Sec. 24.264. 167TH JUDICIAL DISTRICT (TRAVIS COUNTY).

  197. Tex. Government Code Sec. 24.265. 170TH JUDICIAL DISTRICT (MCLENNAN COUNTY).

  198. Tex. Government Code Sec. 24.266. 171ST JUDICIAL DISTRICT (EL PASO COUNTY).

  199. Tex. Government Code Sec. 24.267. 174TH JUDICIAL DISTRICT (HARRIS COUNTY).

  200. Tex. Government Code Sec. 24.268. 175TH JUDICIAL DISTRICT (BEXAR COUNTY).

  201. Tex. Government Code Sec. 24.269. 176TH JUDICIAL DISTRICT (HARRIS COUNTY).

  202. Tex. Government Code Sec. 24.270. 177TH JUDICIAL DISTRICT (HARRIS COUNTY).

  203. Tex. Government Code Sec. 24.271. 178TH JUDICIAL DISTRICT (HARRIS COUNTY).

  204. Tex. Government Code Sec. 24.272. 179TH JUDICIAL DISTRICT (HARRIS COUNTY).

  205. Tex. Government Code Sec. 24.273. 180TH JUDICIAL DISTRICT (HARRIS COUNTY).

  206. Tex. Government Code Sec. 24.274. 186TH JUDICIAL DISTRICT (BEXAR COUNTY).

  207. Tex. Government Code Sec. 24.275. 216TH JUDICIAL DISTRICT (GILLESPIE AND KERR COUNTIES). The 216th Judicial District is composed of Gillespie and Kerr counties.

  208. Tex. Government Code Sec. 24.276. 229TH JUDICIAL DISTRICT (DUVAL, JIM HOGG, AND STARR COUNTIES).

  209. Tex. Government Code Sec. 24.301. APPLICATION OF SUBCHAPTER. Except as otherwise indicated by the context, this subchapter applies only to judicial districts listed in this subchapter.

  210. Tex. Government Code Sec. 24.306. JUVENILE BOARDS. The district judge of any district listed in this subchapter is a member of the juvenile board in each county within his district in which a juvenile board exists.

  211. Tex. Government Code Sec. 24.310. SPECIAL DISTRICT COURTS. Each court listed in this subchapter that is directed to give preference to specific matters or types of cases shall participate in all matters relating to juries, grand juries, indictments, and docketing of cases in the same manner as the existing district courts that are similarly directed within that county.

  212. Tex. Government Code Sec. 24.351. JUDICIAL DISTRICT 1-A (JASPER, NEWTON, AND TYLER COUNTIES).

  213. Tex. Government Code Sec. 24.352. 141ST JUDICIAL DISTRICT (TARRANT COUNTY).

  214. Tex. Government Code Sec. 24.353. 148TH JUDICIAL DISTRICT (NUECES COUNTY).

  215. Tex. Government Code Sec. 24.354. 149TH JUDICIAL DISTRICT (BRAZORIA COUNTY). The 149th Judicial District is composed of Brazoria County.

  216. Tex. Government Code Sec. 24.355. 158TH JUDICIAL DISTRICT (DENTON COUNTY). The 158th Judicial District is composed of Denton County.

  217. Tex. Government Code Sec. 24.356. 159TH JUDICIAL DISTRICT (ANGELINA COUNTY). The 159th Judicial District is composed of Angelina County.

  218. Tex. Government Code Sec. 24.357. 168TH JUDICIAL DISTRICT (EL PASO COUNTY).

  219. Tex. Government Code Sec. 24.358. 169TH JUDICIAL DISTRICT (BELL COUNTY).

  220. Tex. Government Code Sec. 24.359. 172ND JUDICIAL DISTRICT (JEFFERSON COUNTY). The 172nd Judicial District is composed of Jefferson County.

  221. Tex. Government Code Sec. 24.360. 173RD JUDICIAL DISTRICT (HENDERSON COUNTY).

  222. Tex. Government Code Sec. 24.361. 181ST JUDICIAL DISTRICT (POTTER AND RANDALL COUNTIES).

  223. Tex. Government Code Sec. 24.362. 182ND JUDICIAL DISTRICT (HARRIS COUNTY).

  224. Tex. Government Code Sec. 24.363. 183RD JUDICIAL DISTRICT (HARRIS COUNTY).

  225. Tex. Government Code Sec. 24.364. 184TH JUDICIAL DISTRICT (HARRIS COUNTY).

  226. Tex. Government Code Sec. 24.365. 185TH JUDICIAL DISTRICT (HARRIS COUNTY).

  227. Tex. Government Code Sec. 24.366. 187TH JUDICIAL DISTRICT (BEXAR COUNTY).

  228. Tex. Government Code Sec. 24.367. 188TH JUDICIAL DISTRICT (GREGG COUNTY). The 188th Judicial District is composed of Gregg County.

  229. Tex. Government Code Sec. 24.368. 189TH JUDICIAL DISTRICT (HARRIS COUNTY). The 189th Judicial District is composed of Harris County.

  230. Tex. Government Code Sec. 24.369. 190TH JUDICIAL DISTRICT (HARRIS COUNTY). The 190th Judicial District is composed of Harris County.

  231. Tex. Government Code Sec. 24.370. 191ST JUDICIAL DISTRICT (DALLAS COUNTY). The 191st Judicial District is composed of Dallas County.

  232. Tex. Government Code Sec. 24.371. 192ND JUDICIAL DISTRICT (DALLAS COUNTY). The 192nd Judicial District is composed of Dallas County.

  233. Tex. Government Code Sec. 24.372. 193RD JUDICIAL DISTRICT (DALLAS COUNTY). The 193rd Judicial District is composed of Dallas County.

  234. Tex. Government Code Sec. 24.373. 194TH JUDICIAL DISTRICT (DALLAS COUNTY).

  235. Tex. Government Code Sec. 24.374. 195TH JUDICIAL DISTRICT (DALLAS COUNTY).

  236. Tex. Government Code Sec. 24.375. 196TH JUDICIAL DISTRICT (HUNT COUNTY). The 196th Judicial District is composed of Hunt County.

  237. Tex. Government Code Sec. 24.376. 197TH JUDICIAL DISTRICT (CAMERON AND WILLACY COUNTIES).

  238. Tex. Government Code Sec. 24.377. 198TH JUDICIAL DISTRICT (BANDERA AND KERR COUNTIES).

  239. Tex. Government Code Sec. 24.378. 199TH JUDICIAL DISTRICT (COLLIN COUNTY). The 199th Judicial District is composed of Collin County.

  240. Tex. Government Code Sec. 24.379. 200TH JUDICIAL DISTRICT (TRAVIS COUNTY). The 200th Judicial District is composed of Travis County.

  241. Tex. Government Code Sec. 24.380. 201ST JUDICIAL DISTRICT (TRAVIS COUNTY). The 201st Judicial District is composed of Travis County.

  242. Tex. Government Code Sec. 24.381. 202ND JUDICIAL DISTRICT (BOWIE COUNTY).

  243. Tex. Government Code Sec. 24.382. 203RD JUDICIAL DISTRICT (DALLAS COUNTY).

  244. Tex. Government Code Sec. 24.383. 204TH JUDICIAL DISTRICT (DALLAS COUNTY).

  245. Tex. Government Code Sec. 24.384. 205TH JUDICIAL DISTRICT (CULBERSON, EL PASO, AND HUDSPETH COUNTIES).

  246. Tex. Government Code Sec. 24.385. 206TH JUDICIAL DISTRICT (HIDALGO COUNTY).

  247. Tex. Government Code Sec. 24.386. 207TH JUDICIAL DISTRICT (CALDWELL, COMAL, AND HAYS COUNTIES).

  248. Tex. Government Code Sec. 24.387. 208TH JUDICIAL DISTRICT (HARRIS COUNTY).

  249. Tex. Government Code Sec. 24.388. 209TH JUDICIAL DISTRICT (HARRIS COUNTY).

  250. Tex. Government Code Sec. 24.389. 210TH JUDICIAL DISTRICT (EL PASO COUNTY).

  251. Tex. Government Code Sec. 24.390. 211TH JUDICIAL DISTRICT (DENTON COUNTY). The 211th Judicial District is composed of Denton County.

  252. Tex. Government Code Sec. 24.391. 212TH JUDICIAL DISTRICT (GALVESTON COUNTY).

  253. Tex. Government Code Sec. 24.392. 213TH JUDICIAL DISTRICT (TARRANT COUNTY).

  254. Tex. Government Code Sec. 24.393. 214TH JUDICIAL DISTRICT (NUECES COUNTY).

  255. Tex. Government Code Sec. 24.394. 215TH JUDICIAL DISTRICT (HARRIS COUNTY).

  256. Tex. Government Code Sec. 24.395. 217TH JUDICIAL DISTRICT (ANGELINA COUNTY). The 217th Judicial District is composed of Angelina County.

  257. Tex. Government Code Sec. 24.396. 218TH JUDICIAL DISTRICT (ATASCOSA, FRIO, KARNES, LASALLE, AND WILSON COUNTIES).

  258. Tex. Government Code Sec. 24.397. 219TH JUDICIAL DISTRICT (COLLIN COUNTY). The 219th Judicial District is composed of Collin County.

  259. Tex. Government Code Sec. 24.398. 220TH JUDICIAL DISTRICT (BOSQUE, COMANCHE, AND HAMILTON COUNTIES). The 220th Judicial District is composed of Bosque, Comanche, and Hamilton counties.

  260. Tex. Government Code Sec. 24.399. 221ST JUDICIAL DISTRICT (MONTGOMERY COUNTY). The 221st Judicial District is composed of Montgomery County.

  261. Tex. Government Code Sec. 24.400. 222ND JUDICIAL DISTRICT (DEAF SMITH AND OLDHAM COUNTIES). The 222nd Judicial District is composed of Deaf Smith and Oldham counties.

  262. Tex. Government Code Sec. 24.401. 223RD JUDICIAL DISTRICT (GRAY COUNTY). The 223rd Judicial District is composed of Gray County.

  263. Tex. Government Code Sec. 24.402. 224TH JUDICIAL DISTRICT (BEXAR COUNTY).

  264. Tex. Government Code Sec. 24.403. 225TH JUDICIAL DISTRICT (BEXAR COUNTY).

  265. Tex. Government Code Sec. 24.404. 226TH JUDICIAL DISTRICT (BEXAR COUNTY).

  266. Tex. Government Code Sec. 24.405. 227TH JUDICIAL DISTRICT (BEXAR COUNTY).

  267. Tex. Government Code Sec. 24.406. 228TH JUDICIAL DISTRICT (HARRIS COUNTY).

  268. Tex. Government Code Sec. 24.407. 230TH JUDICIAL DISTRICT (HARRIS COUNTY).

  269. Tex. Government Code Sec. 24.408. 231ST JUDICIAL DISTRICT (TARRANT COUNTY).

  270. Tex. Government Code Sec. 24.409. 232ND JUDICIAL DISTRICT (HARRIS COUNTY).

  271. Tex. Government Code Sec. 24.410. 233RD JUDICIAL DISTRICT (TARRANT COUNTY).

  272. Tex. Government Code Sec. 24.411. 234TH JUDICIAL DISTRICT (HARRIS COUNTY). The 234th Judicial District is composed of Harris County.

  273. Tex. Government Code Sec. 24.412. 235TH JUDICIAL DISTRICT (COOKE COUNTY). The 235th Judicial District is composed of Cooke County.

  274. Tex. Government Code Sec. 24.413. 236TH JUDICIAL DISTRICT (TARRANT COUNTY).

  275. Tex. Government Code Sec. 24.414. 237TH JUDICIAL DISTRICT (LUBBOCK COUNTY). The 237th Judicial District is composed of Lubbock County.

  276. Tex. Government Code Sec. 24.415. 238TH JUDICIAL DISTRICT (MIDLAND COUNTY). The 238th Judicial District is composed of Midland County.

  277. Tex. Government Code Sec. 24.416. 239TH JUDICIAL DISTRICT (BRAZORIA COUNTY). The 239th Judicial District is composed of Brazoria County.

  278. Tex. Government Code Sec. 24.417. 240TH JUDICIAL DISTRICT (FORT BEND COUNTY). The 240th Judicial District is composed of Fort Bend County.

  279. Tex. Government Code Sec. 24.418. 241ST JUDICIAL DISTRICT (SMITH COUNTY). The 241st Judicial District is composed of Smith County.

  280. Tex. Government Code Sec. 24.419. 242ND JUDICIAL DISTRICT (CASTRO, HALE, AND SWISHER COUNTIES). The 242nd Judicial District is composed of Castro, Hale, and Swisher counties.

  281. Tex. Government Code Sec. 24.420. 243RD JUDICIAL DISTRICT (EL PASO COUNTY).

  282. Tex. Government Code Sec. 24.421. 244TH JUDICIAL DISTRICT (ECTOR COUNTY). The 244th Judicial District is composed of Ector County.

  283. Tex. Government Code Sec. 24.422. 245TH JUDICIAL DISTRICT (HARRIS COUNTY).

  284. Tex. Government Code Sec. 24.423. 246TH JUDICIAL DISTRICT (HARRIS COUNTY).

  285. Tex. Government Code Sec. 24.424. 247TH JUDICIAL DISTRICT (HARRIS COUNTY).

  286. Tex. Government Code Sec. 24.425. 248TH JUDICIAL DISTRICT (HARRIS COUNTY).

  287. Tex. Government Code Sec. 24.426. 249TH JUDICIAL DISTRICT (JOHNSON AND SOMERVELL COUNTIES). The 249th Judicial District is composed of Johnson and Somervell counties.

  288. Tex. Government Code Sec. 24.427. 250TH JUDICIAL DISTRICT (TRAVIS COUNTY). The 250th Judicial District is composed of Travis County.

  289. Tex. Government Code Sec. 24.428. 251ST JUDICIAL DISTRICT (POTTER AND RANDALL COUNTIES).

  290. Tex. Government Code Sec. 24.429. 252ND JUDICIAL DISTRICT (JEFFERSON COUNTY).

  291. Tex. Government Code Sec. 24.430. 253RD JUDICIAL DISTRICT (CHAMBERS AND LIBERTY COUNTIES).

  292. Tex. Government Code Sec. 24.431. 254TH JUDICIAL DISTRICT (DALLAS COUNTY).

  293. Tex. Government Code Sec. 24.432. 255TH JUDICIAL DISTRICT (DALLAS COUNTY).

  294. Tex. Government Code Sec. 24.433. 256TH JUDICIAL DISTRICT (DALLAS COUNTY).

  295. Tex. Government Code Sec. 24.434. 257TH JUDICIAL DISTRICT (HARRIS COUNTY).

  296. Tex. Government Code Sec. 24.435. 258TH JUDICIAL DISTRICT (POLK, SAN JACINTO, AND TRINITY COUNTIES).

  297. Tex. Government Code Sec. 24.436. 259TH JUDICIAL DISTRICT (JONES AND SHACKELFORD COUNTIES).

  298. Tex. Government Code Sec. 24.437. 260TH JUDICIAL DISTRICT (ORANGE COUNTY). The 260th Judicial District is composed of Orange County.

  299. Tex. Government Code Sec. 24.438. 261ST JUDICIAL DISTRICT (TRAVIS COUNTY). The 261st Judicial District is composed of Travis County.

  300. Tex. Government Code Sec. 24.439. 262ND JUDICIAL DISTRICT (HARRIS COUNTY).

  301. Tex. Government Code Sec. 24.440. 263RD JUDICIAL DISTRICT (HARRIS COUNTY).

  302. Tex. Government Code Sec. 24.441. 264TH JUDICIAL DISTRICT (BELL COUNTY). The 264th Judicial District is composed of Bell County.

  303. Tex. Government Code Sec. 24.442. 265TH JUDICIAL DISTRICT (DALLAS COUNTY).

  304. Tex. Government Code Sec. 24.443. 266TH JUDICIAL DISTRICT (ERATH COUNTY). The 266th Judicial District is composed of Erath County.

  305. Tex. Government Code Sec. 24.444. 267TH JUDICIAL DISTRICT (CALHOUN, DEWITT, GOLIAD, JACKSON, REFUGIO, AND VICTORIA COUNTIES). The 267th Judicial District is composed of Calhoun, DeWitt, Goliad, Jackson, Refugio, and Victoria counties.

  306. Tex. Government Code Sec. 24.445. 268TH JUDICIAL DISTRICT (FORT BEND COUNTY). The 268th Judicial District is composed of Fort Bend County.

  307. Tex. Government Code Sec. 24.446. 269TH JUDICIAL DISTRICT (HARRIS COUNTY). The 269th Judicial District is composed of Harris County.

  308. Tex. Government Code Sec. 24.447. 270TH JUDICIAL DISTRICT (HARRIS COUNTY). The 270th Judicial District is composed of Harris County.

  309. Tex. Government Code Sec. 24.448. 271ST JUDICIAL DISTRICT (JACK AND WISE COUNTIES). The 271st Judicial District is composed of Jack and Wise counties.

  310. Tex. Government Code Sec. 24.449. 272ND JUDICIAL DISTRICT (BRAZOS COUNTY).

  311. Tex. Government Code Sec. 24.450. 273RD JUDICIAL DISTRICT (SABINE, SAN AUGUSTINE, AND SHELBY COUNTIES).

  312. Tex. Government Code Sec. 24.451. 274TH JUDICIAL DISTRICT (COMAL AND HAYS COUNTIES).

  313. Tex. Government Code Sec. 24.452. 275TH JUDICIAL DISTRICT (HIDALGO COUNTY).

  314. Tex. Government Code Sec. 24.453. 276TH JUDICIAL DISTRICT (CAMP, MARION, MORRIS, AND TITUS COUNTIES).

  315. Tex. Government Code Sec. 24.454. 277TH JUDICIAL DISTRICT (WILLIAMSON COUNTY).

  316. Tex. Government Code Sec. 24.455. 278TH JUDICIAL DISTRICT (LEON, MADISON, AND WALKER COUNTIES). The 278th Judicial District is composed of Leon, Madison, and Walker counties.

  317. Tex. Government Code Sec. 24.456. 279TH JUDICIAL DISTRICT (JEFFERSON COUNTY).

  318. Tex. Government Code Sec. 24.457. 280TH JUDICIAL DISTRICT (HARRIS COUNTY). The 280th Judicial District is composed of Harris County.

  319. Tex. Government Code Sec. 24.458. 281ST JUDICIAL DISTRICT (HARRIS COUNTY). The 281st Judicial District is composed of Harris County.

  320. Tex. Government Code Sec. 24.459. 282ND JUDICIAL DISTRICT (DALLAS COUNTY).

  321. Tex. Government Code Sec. 24.460. 283RD JUDICIAL DISTRICT (DALLAS COUNTY).

  322. Tex. Government Code Sec. 24.461. 284TH JUDICIAL DISTRICT (MONTGOMERY COUNTY). The 284th Judicial District is composed of Montgomery County.

  323. Tex. Government Code Sec. 24.462. 285TH JUDICIAL DISTRICT (BEXAR COUNTY).

  324. Tex. Government Code Sec. 24.463. 286TH JUDICIAL DISTRICT (COCHRAN AND HOCKLEY COUNTIES). The 286th Judicial District is composed of Cochran and Hockley counties.

  325. Tex. Government Code Sec. 24.464. 287TH JUDICIAL DISTRICT (BAILEY AND PARMER COUNTIES).

  326. Tex. Government Code Sec. 24.465. 288TH JUDICIAL DISTRICT (BEXAR COUNTY).

  327. Tex. Government Code Sec. 24.466. 289TH JUDICIAL DISTRICT (BEXAR COUNTY).

  328. Tex. Government Code Sec. 24.467. 290TH JUDICIAL DISTRICT (BEXAR COUNTY).

  329. Tex. Government Code Sec. 24.468. 291ST JUDICIAL DISTRICT (DALLAS COUNTY).

  330. Tex. Government Code Sec. 24.469. 292ND JUDICIAL DISTRICT (DALLAS COUNTY).

  331. Tex. Government Code Sec. 24.470. 293RD JUDICIAL DISTRICT (DIMMIT, MAVERICK, AND ZAVALA COUNTIES). The 293rd Judicial District is composed of Dimmit, Maverick, and Zavala counties.

  332. Tex. Government Code Sec. 24.471. 294TH JUDICIAL DISTRICT (VAN ZANDT COUNTY).

  333. Tex. Government Code Sec. 24.472. 295TH JUDICIAL DISTRICT (HARRIS COUNTY).

  334. Tex. Government Code Sec. 24.473. 296TH JUDICIAL DISTRICT (COLLIN COUNTY). The 296th Judicial District is composed of Collin County.

  335. Tex. Government Code Sec. 24.474. 297TH JUDICIAL DISTRICT (TARRANT COUNTY).

  336. Tex. Government Code Sec. 24.475. 298TH JUDICIAL DISTRICT (DALLAS COUNTY).

  337. Tex. Government Code Sec. 24.476. 299TH JUDICIAL DISTRICT (TRAVIS COUNTY). The 299th Judicial District is composed of Travis County.

  338. Tex. Government Code Sec. 24.477. 331ST JUDICIAL DISTRICT (TRAVIS COUNTY). The 331st Judicial District is composed of Travis County.

  339. Tex. Government Code Sec. 24.478. 332ND JUDICIAL DISTRICT (HIDALGO COUNTY).

  340. Tex. Government Code Sec. 24.479. 333RD JUDICIAL DISTRICT (HARRIS COUNTY).

  341. Tex. Government Code Sec. 24.480. 334TH JUDICIAL DISTRICT (HARRIS COUNTY).

  342. Tex. Government Code Sec. 24.481. 335TH JUDICIAL DISTRICT (BASTROP, BURLESON, LEE, AND WASHINGTON COUNTIES). The 335th Judicial District is composed of Bastrop, Burleson, Lee, and Washington counties.

  343. Tex. Government Code Sec. 24.482. 336TH JUDICIAL DISTRICT (FANNIN COUNTY). The 336th Judicial District is composed of Fannin County.

  344. Tex. Government Code Sec. 24.483. 337TH JUDICIAL DISTRICT (HARRIS COUNTY).

  345. Tex. Government Code Sec. 24.484. 338TH JUDICIAL DISTRICT (HARRIS COUNTY).

  346. Tex. Government Code Sec. 24.485. 339TH JUDICIAL DISTRICT (HARRIS COUNTY).

  347. Tex. Government Code Sec. 24.486. 340TH JUDICIAL DISTRICT (TOM GREEN COUNTY).

  348. Tex. Government Code Sec. 24.487. 341ST JUDICIAL DISTRICT (WEBB COUNTY).

  349. Tex. Government Code Sec. 24.488. 342ND JUDICIAL DISTRICT (TARRANT COUNTY).

  350. Tex. Government Code Sec. 24.489. 343RD JUDICIAL DISTRICT (ARANSAS, BEE, LIVE OAK, MCMULLEN, AND SAN PATRICIO COUNTIES).

  351. Tex. Government Code Sec. 24.490. 344TH JUDICIAL DISTRICT (CHAMBERS COUNTY).

  352. Tex. Government Code Sec. 24.491. 345TH JUDICIAL DISTRICT (TRAVIS COUNTY).

  353. Tex. Government Code Sec. 24.492. 346TH JUDICIAL DISTRICT (EL PASO COUNTY).

  354. Tex. Government Code Sec. 24.493. 347TH JUDICIAL DISTRICT (NUECES COUNTY).

  355. Tex. Government Code Sec. 24.494. 348TH JUDICIAL DISTRICT (TARRANT COUNTY).

  356. Tex. Government Code Sec. 24.495. 349TH JUDICIAL DISTRICT (ANDERSON AND HOUSTON COUNTIES). The 349th Judicial District is composed of Anderson and Houston counties.

  357. Tex. Government Code Sec. 24.496. 350TH JUDICIAL DISTRICT (TAYLOR COUNTY). The 350th Judicial District is composed of Taylor County.

  358. Tex. Government Code Sec. 24.497. 351ST JUDICIAL DISTRICT (HARRIS COUNTY).

  359. Tex. Government Code Sec. 24.498. 352ND JUDICIAL DISTRICT (TARRANT COUNTY).

  360. Tex. Government Code Sec. 24.499. 353RD JUDICIAL DISTRICT (TRAVIS COUNTY). The 353rd Judicial District is composed of Travis County.

  361. Tex. Government Code Sec. 24.500. 354TH JUDICIAL DISTRICT (HUNT AND RAINS COUNTIES).

  362. Tex. Government Code Sec. 24.501. 355TH JUDICIAL DISTRICT (HOOD COUNTY). The 355th Judicial District is composed of Hood County.

  363. Tex. Government Code Sec. 24.502. 356TH JUDICIAL DISTRICT (HARDIN COUNTY).

  364. Tex. Government Code Sec. 24.503. 357TH JUDICIAL DISTRICT (CAMERON COUNTY). The 357th Judicial District is composed of Cameron County.

  365. Tex. Government Code Sec. 24.504. 358TH JUDICIAL DISTRICT (ECTOR COUNTY). The 358th Judicial District is composed of Ector County.

  366. Tex. Government Code Sec. 24.505. 359TH JUDICIAL DISTRICT (MONTGOMERY COUNTY). The 359th Judicial District is composed of Montgomery County.

  367. Tex. Government Code Sec. 24.506. 361ST JUDICIAL DISTRICT (BRAZOS COUNTY).

  368. Tex. Government Code Sec. 24.507. 362ND JUDICIAL DISTRICT (DENTON COUNTY). The 362nd Judicial District is composed of Denton County.

  369. Tex. Government Code Sec. 24.508. 363RD JUDICIAL DISTRICT (DALLAS COUNTY).

  370. Tex. Government Code Sec. 24.509. 364TH JUDICIAL DISTRICT (LUBBOCK COUNTY). The 364th Judicial District is composed of Lubbock County.

  371. Tex. Government Code Sec. 24.510. 365TH JUDICIAL DISTRICT (DIMMIT, MAVERICK, AND ZAVALA COUNTIES). The 365th Judicial District is composed of Dimmit, Maverick, and Zavala counties.

  372. Tex. Government Code Sec. 24.511. 366TH JUDICIAL DISTRICT (COLLIN COUNTY). The 366th Judicial District is composed of Collin County.

  373. Tex. Government Code Sec. 24.512. 367TH JUDICIAL DISTRICT (DENTON COUNTY). The 367th Judicial District is composed of Denton County.

  374. Tex. Government Code Sec. 24.513. 368TH JUDICIAL DISTRICT (WILLIAMSON COUNTY).

  375. Tex. Government Code Sec. 24.514. 369TH JUDICIAL DISTRICT (ANDERSON, CHEROKEE, AND LEON COUNTIES). The 369th Judicial District is composed of Anderson, Cherokee, and Leon counties.

  376. Tex. Government Code Sec. 24.515. 370TH JUDICIAL DISTRICT (HIDALGO COUNTY).

  377. Tex. Government Code Sec. 24.516. 371ST JUDICIAL DISTRICT (TARRANT COUNTY).

  378. Tex. Government Code Sec. 24.517. 372ND JUDICIAL DISTRICT (TARRANT COUNTY).

  379. Tex. Government Code Sec. 24.522. 377TH JUDICIAL DISTRICT (VICTORIA COUNTY).

  380. Tex. Government Code Sec. 24.523. 378TH JUDICIAL DISTRICT (ELLIS COUNTY). The 378th Judicial District is composed of Ellis County.

  381. Tex. Government Code Sec. 24.524. 379TH JUDICIAL DISTRICT (BEXAR COUNTY). The 379th Judicial District is composed of Bexar County.

  382. Tex. Government Code Sec. 24.525. 380TH JUDICIAL DISTRICT (COLLIN COUNTY).

  383. Tex. Government Code Sec. 24.526. 381ST JUDICIAL DISTRICT (STARR COUNTY).

  384. Tex. Government Code Sec. 24.527. 382ND JUDICIAL DISTRICT (ROCKWALL COUNTY).

  385. Tex. Government Code Sec. 24.528. 383RD JUDICIAL DISTRICT (EL PASO COUNTY).

  386. Tex. Government Code Sec. 24.529. 384TH JUDICIAL DISTRICT (EL PASO COUNTY).

  387. Tex. Government Code Sec. 24.530. 385TH JUDICIAL DISTRICT (MIDLAND COUNTY). The 385th Judicial District is composed of Midland County.

  388. Tex. Government Code Sec. 24.531. 386TH JUDICIAL DISTRICT (BEXAR COUNTY).

  389. Tex. Government Code Sec. 24.532. 387TH JUDICIAL DISTRICT (FORT BEND COUNTY).

  390. Tex. Government Code Sec. 24.533. 388TH JUDICIAL DISTRICT (EL PASO COUNTY).

  391. Tex. Government Code Sec. 24.534. 389TH JUDICIAL DISTRICT (HIDALGO COUNTY).

  392. Tex. Government Code Sec. 24.535. 390TH JUDICIAL DISTRICT (TRAVIS COUNTY).

  393. Tex. Government Code Sec. 24.536. 391ST JUDICIAL DISTRICT (TOM GREEN COUNTY).

  394. Tex. Government Code Sec. 24.537. 392ND JUDICIAL DISTRICT (HENDERSON COUNTY).

  395. Tex. Government Code Sec. 24.538. 393RD JUDICIAL DISTRICT (DENTON COUNTY).

  396. Tex. Government Code Sec. 24.539. 394TH JUDICIAL DISTRICT (BREWSTER, CULBERSON, HUDSPETH, JEFF DAVIS, AND PRESIDIO COUNTIES).

  397. Tex. Government Code Sec. 24.540. 395TH JUDICIAL DISTRICT (WILLIAMSON COUNTY). The 395th Judicial District is composed of Williamson County.

  398. Tex. Government Code Sec. 24.541. 396TH JUDICIAL DISTRICT (TARRANT COUNTY).

  399. Tex. Government Code Sec. 24.542. 397TH JUDICIAL DISTRICT (GRAYSON COUNTY). The 397th Judicial District is composed of Grayson County.

  400. Tex. Government Code Sec. 24.543. 398TH JUDICIAL DISTRICT (HIDALGO COUNTY).

  401. Tex. Government Code Sec. 24.544. 399TH JUDICIAL DISTRICT (BEXAR COUNTY).

  402. Tex. Government Code Sec. 24.545. 400TH JUDICIAL DISTRICT (FORT BEND COUNTY). The 400th Judicial District is composed of Fort Bend County.

  403. Tex. Government Code Sec. 24.546. 401ST JUDICIAL DISTRICT (COLLIN COUNTY). The 401st Judicial District is composed of Collin County.

  404. Tex. Government Code Sec. 24.547. 402ND JUDICIAL DISTRICT (WOOD COUNTY).

  405. Tex. Government Code Sec. 24.548. 403RD JUDICIAL DISTRICT (TRAVIS COUNTY).

  406. Tex. Government Code Sec. 24.549. 404TH JUDICIAL DISTRICT (CAMERON COUNTY). The 404th Judicial District is composed of Cameron County.

  407. Tex. Government Code Sec. 24.550. 405TH JUDICIAL DISTRICT (GALVESTON COUNTY). The 405th Judicial District is composed of Galveston County.

  408. Tex. Government Code Sec. 24.551. 406TH JUDICIAL DISTRICT (WEBB COUNTY).

  409. Tex. Government Code Sec. 24.552. 407TH JUDICIAL DISTRICT (BEXAR COUNTY). The 407th Judicial District is composed of Bexar County.

  410. Tex. Government Code Sec. 24.553. 411TH JUDICIAL DISTRICT (POLK, SAN JACINTO, AND TRINITY COUNTIES).

  411. Tex. Government Code Sec. 24.554. 408TH JUDICIAL DISTRICT (BEXAR COUNTY).

  412. Tex. Government Code Sec. 24.555. 409TH JUDICIAL DISTRICT (EL PASO COUNTY). The 409th Judicial District is composed of El Paso County.

  413. Tex. Government Code Sec. 24.556. 412TH JUDICIAL DISTRICT (BRAZORIA COUNTY). The 412th Judicial District is composed of Brazoria County.

  414. Tex. Government Code Sec. 24.557. 413TH JUDICIAL DISTRICT (JOHNSON COUNTY). The 413th Judicial District is composed of Johnson County.

  415. Tex. Government Code Sec. 24.558. 414TH JUDICIAL DISTRICT (MCLENNAN COUNTY).

  416. Tex. Government Code Sec. 24.559. 415TH JUDICIAL DISTRICT (PARKER COUNTY). The 415th Judicial District is composed of Parker County.

  417. Tex. Government Code Sec. 24.560. 416TH JUDICIAL DISTRICT (COLLIN COUNTY). The 416th Judicial District is composed of Collin County.

  418. Tex. Government Code Sec. 24.561. 417TH JUDICIAL DISTRICT (COLLIN COUNTY).

  419. Tex. Government Code Sec. 24.562. 418TH JUDICIAL DISTRICT (MONTGOMERY COUNTY).

  420. Tex. Government Code Sec. 24.563. 419TH JUDICIAL DISTRICT (TRAVIS COUNTY).

  421. Tex. Government Code Sec. 24.564. 420TH JUDICIAL DISTRICT (NACOGDOCHES COUNTY). The 420th Judicial District is composed of Nacogdoches County.

  422. Tex. Government Code Sec. 24.565. 421ST JUDICIAL DISTRICT (CALDWELL COUNTY). The 421st Judicial District is composed of Caldwell County.

  423. Tex. Government Code Sec. 24.566. 422ND JUDICIAL DISTRICT (KAUFMAN COUNTY). The 422nd Judicial District is composed of Kaufman County.

  424. Tex. Government Code Sec. 24.567. 423RD JUDICIAL DISTRICT (BASTROP COUNTY). The 423rd Judicial District is composed of Bastrop County.

  425. Tex. Government Code Sec. 24.568. 424TH JUDICIAL DISTRICT (BLANCO, BURNET, LLANO, AND SAN SABA COUNTIES).

  426. Tex. Government Code Sec. 24.569. 425TH JUDICIAL DISTRICT (WILLIAMSON COUNTY). The 425th Judicial District is composed of Williamson County.

  427. Tex. Government Code Sec. 24.570. 426TH JUDICIAL DISTRICT (BELL COUNTY).

  428. Tex. Government Code Sec. 24.571. 427TH JUDICIAL DISTRICT (TRAVIS COUNTY).

  429. Tex. Government Code Sec. 24.572. 428TH JUDICIAL DISTRICT (HAYS COUNTY). The 428th Judicial District is composed of Hays County.

  430. Tex. Government Code Sec. 24.573. 429TH JUDICIAL DISTRICT (COLLIN COUNTY). The 429th Judicial District is composed of Collin County.

  431. Tex. Government Code Sec. 24.574. 430TH JUDICIAL DISTRICT (HIDALGO COUNTY).

  432. Tex. Government Code Sec. 24.575. 431ST JUDICIAL DISTRICT (DENTON COUNTY). The 431st Judicial District is composed of Denton County.

  433. Tex. Government Code Sec. 24.576. 432ND JUDICIAL DISTRICT (TARRANT COUNTY).

  434. Tex. Government Code Sec. 24.577. 433RD JUDICIAL DISTRICT (COMAL COUNTY). The 433rd Judicial District is composed of Comal County.

  435. Tex. Government Code Sec. 24.578. 434TH JUDICIAL DISTRICT (FORT BEND COUNTY). The 434th Judicial District is composed of Fort Bend County.

  436. Tex. Government Code Sec. 24.579. 435TH JUDICIAL DISTRICT (MONTGOMERY COUNTY).

  437. Tex. Government Code Sec. 24.580. 436TH JUDICIAL DISTRICT (BEXAR COUNTY).

  438. Tex. Government Code Sec. 24.581. 437TH JUDICIAL DISTRICT (BEXAR COUNTY).

  439. Tex. Government Code Sec. 24.582. 438TH JUDICIAL DISTRICT (BEXAR COUNTY).

  440. Tex. Government Code Sec. 24.583. 439TH JUDICIAL DISTRICT (ROCKWALL COUNTY). The 439th Judicial District is composed of Rockwall County.

  441. Tex. Government Code Sec. 24.584. 440TH JUDICIAL DISTRICT (CORYELL COUNTY). The 440th Judicial District is composed of Coryell County.

  442. Tex. Government Code Sec. 24.585. 441ST JUDICIAL DISTRICT (MIDLAND COUNTY). The 441st Judicial District is composed of Midland County.

  443. Tex. Government Code Sec. 24.586. 442ND JUDICIAL DISTRICT (DENTON COUNTY). The 442nd Judicial District is composed of Denton County.

  444. Tex. Government Code Sec. 24.587. 443RD JUDICIAL DISTRICT (ELLIS COUNTY). The 443rd Judicial District is composed of Ellis County.

  445. Tex. Government Code Sec. 24.589. 445TH JUDICIAL DISTRICT (CAMERON COUNTY).

  446. Tex. Government Code Sec. 24.590. 446TH JUDICIAL DISTRICT (ECTOR COUNTY). The 446th Judicial District is composed of Ector County.

  447. Tex. Government Code Sec. 24.591. 451ST JUDICIAL DISTRICT (KENDALL COUNTY).

  448. Tex. Government Code Sec. 24.592. 448TH JUDICIAL DISTRICT (EL PASO COUNTY). The 448th Judicial District is composed of El Paso County.

  449. Tex. Government Code Sec. 24.593. 449TH JUDICIAL DISTRICT (HIDALGO COUNTY).

  450. Tex. Government Code Sec. 24.594. 450TH JUDICIAL DISTRICT (TRAVIS COUNTY).

  451. Tex. Government Code Sec. 24.596. 452ND JUDICIAL DISTRICT (EDWARDS, KIMBLE, MCCULLOCH, MASON, AND MENARD COUNTIES).

  452. Tex. Government Code Sec. 24.597. 453RD JUDICIAL DISTRICT (HAYS COUNTY). The 453rd Judicial District is composed of Hays County.

  453. Tex. Government Code Sec. 24.598. 454TH JUDICIAL DISTRICT (MEDINA COUNTY). The 454th Judicial District is composed of Medina County.

  454. Tex. Government Code Sec. 24.599. 455TH JUDICIAL DISTRICT (TRAVIS COUNTY).

  455. Tex. Government Code Sec. 24.5995. 506TH JUDICIAL DISTRICT (GRIMES AND WALLER COUNTIES). The 506th Judicial District is composed of Grimes and Waller Counties.

  456. Tex. Government Code Sec. 24.600. 456TH JUDICIAL DISTRICT (GUADALUPE COUNTY).

  457. Tex. Government Code Sec. 24.6001. 457TH JUDICIAL DISTRICT (MONTGOMERY COUNTY). The 457th Judicial District is composed of Montgomery County.

  458. Tex. Government Code Sec. 24.6002. 458TH JUDICIAL DISTRICT (FORT BEND COUNTY). The 458th Judicial District is composed of Fort Bend County.

  459. Tex. Government Code Sec. 24.600201. 477TH JUDICIAL DISTRICT (DENTON COUNTY). The 477th Judicial District is composed of Denton County.

  460. Tex. Government Code Sec. 24.60022. 478TH JUDICIAL DISTRICT (BELL COUNTY).

  461. Tex. Government Code Sec. 24.60025. 480TH JUDICIAL DISTRICT (WILLIAMSON COUNTY). The 480th Judicial District is composed of Williamson County.

  462. Tex. Government Code Sec. 24.60026. 481ST JUDICIAL DISTRICT (DENTON COUNTY). The 481st Judicial District is composed of Denton County.

  463. Tex. Government Code Sec. 24.60027. 482ND JUDICIAL DISTRICT (HARRIS COUNTY). The 482nd Judicial District is composed of Harris County.

  464. Tex. Government Code Sec. 24.60028. 483RD JUDICIAL DISTRICT (HAYS COUNTY). The 483rd Judicial District is composed of Hays County.

  465. Tex. Government Code Sec. 24.60029. 484TH JUDICIAL DISTRICT (CAMERON COUNTY).

  466. Tex. Government Code Sec. 24.6003. 459TH JUDICIAL DISTRICT (TRAVIS COUNTY).

  467. Tex. Government Code Sec. 24.60030. 485TH JUDICIAL DISTRICT (TARRANT COUNTY).

  468. Tex. Government Code Sec. 24.60031. 486TH JUDICIAL DISTRICT (HARRIS COUNTY).

  469. Tex. Government Code Sec. 24.60032. 487TH JUDICIAL DISTRICT (HARRIS COUNTY).

  470. Tex. Government Code Sec. 24.60033. 488TH JUDICIAL DISTRICT (HARRIS COUNTY).

  471. Tex. Government Code Sec. 24.60034. 489TH JUDICIAL DISTRICT (KAUFMAN COUNTY). The 489th Judicial District is composed of Kaufman County.

  472. Tex. Government Code Sec. 24.60035. 490TH JUDICIAL DISTRICT (BRAZORIA COUNTY). The 490th Judicial District is composed of Brazoria County.

  473. Tex. Government Code Sec. 24.60037. 492ND JUDICIAL DISTRICT (COLORADO AND LAVACA COUNTIES). The 492nd Judicial District is composed of Colorado and Lavaca counties.

  474. Tex. Government Code Sec. 24.60038. 493RD JUDICIAL DISTRICT (COLLIN COUNTY).

  475. Tex. Government Code Sec. 24.60039. 494TH JUDICIAL DISTRICT (COLLIN COUNTY).

  476. Tex. Government Code Sec. 24.6004. 460TH JUDICIAL DISTRICT (TRAVIS COUNTY).

  477. Tex. Government Code Sec. 24.60040. 495TH JUDICIAL DISTRICT (HARRIS COUNTY).

  478. Tex. Government Code Sec. 24.60041. 496TH JUDICIAL DISTRICT (HARRIS COUNTY).

  479. Tex. Government Code Sec. 24.60042. 497TH JUDICIAL DISTRICT (HARRIS COUNTY).

  480. Tex. Government Code Sec. 24.60043. 498TH JUDICIAL DISTRICT (KENDALL COUNTY).

  481. Tex. Government Code Sec. 24.60046. 501ST JUDICIAL DISTRICT (FORT BEND COUNTY).

  482. Tex. Government Code Sec. 24.60047. 502ND JUDICIAL DISTRICT (FORT BEND COUNTY). The 502nd Judicial District is composed of Fort Bend County.

  483. Tex. Government Code Sec. 24.60048. 503RD JUDICIAL DISTRICT (ROCKWALL COUNTY). The 503rd Judicial District is composed of Rockwall County.

  484. Tex. Government Code Sec. 24.60049. 504TH JUDICIAL DISTRICT (ELLIS COUNTY). The 504th Judicial District is composed of Ellis County.

  485. Tex. Government Code Sec. 24.6005. 461ST JUDICIAL DISTRICT (BRAZORIA COUNTY).

  486. Tex. Government Code Sec. 24.60053. 511TH JUDICIAL DISTRICT (COMAL COUNTY). The 511th Judicial District is composed of Comal County.

  487. Tex. Government Code Sec. 24.60054. 512TH JUDICIAL DISTRICT (WILLIAMSON COUNTY). The 512th Judicial District is composed of Williamson County.

  488. Tex. Government Code Sec. 24.60055. 513TH JUDICIAL DISTRICT (HARRIS COUNTY).

  489. Tex. Government Code Sec. 24.60056. 514TH JUDICIAL DISTRICT (HARRIS COUNTY).

  490. Tex. Government Code Sec. 24.60057. 515TH JUDICIAL DISTRICT (HARRIS COUNTY).

  491. Tex. Government Code Sec. 24.60058. 516TH JUDICIAL DISTRICT (HARRIS COUNTY).

  492. Tex. Government Code Sec. 24.60059. 517TH JUDICIAL DISTRICT (HARRIS COUNTY).

  493. Tex. Government Code Sec. 24.6006. 462ND JUDICIAL DISTRICT (DENTON COUNTY). The 462nd Judicial District is composed of Denton County.

  494. Tex. Government Code Sec. 24.60064. 523RD JUDICIAL DISTRICT (MONTGOMERY COUNTY).

  495. Tex. Government Code Sec. 24.6008. 464TH JUDICIAL DISTRICT (HIDALGO COUNTY). The 464th Judicial District is composed of Hidalgo County.

  496. Tex. Government Code Sec. 24.6009. 465TH JUDICIAL DISTRICT (BASTROP COUNTY). The 465th Judicial District is composed of Bastrop County.

  497. Tex. Government Code Sec. 24.60091. 466TH JUDICIAL DISTRICT (COMAL COUNTY). The 466th Judicial District is composed of Comal County.

  498. Tex. Government Code Sec. 24.60092. 467TH JUDICIAL DISTRICT (DENTON COUNTY). The 467th Judicial District is composed of Denton County.

  499. Tex. Government Code Sec. 24.60093. 468TH JUDICIAL DISTRICT (COLLIN COUNTY).

  500. Tex. Government Code Sec. 24.60094. 471ST JUDICIAL DISTRICT (COLLIN COUNTY).

  501. Tex. Government Code Sec. 24.60095. 472ND JUDICIAL DISTRICT (BRAZOS COUNTY).

  502. Tex. Government Code Sec. 24.60097. 474TH JUDICIAL DISTRICT (MCLENNAN COUNTY). The 474th Judicial District is composed of McLennan County.

  503. Tex. Government Code Sec. 24.60098. 475TH JUDICIAL DISTRICT (SMITH COUNTY). The 475th Judicial District is composed of Smith County.

  504. Tex. Government Code Sec. 24.60099. 476TH JUDICIAL DISTRICT (HIDALGO COUNTY). The 476th Judicial District is composed of Hidalgo County.

  505. Tex. Government Code Sec. 24.601. JURISDICTION.

  506. Tex. Government Code Sec. 24.602. TERMS. Except as provided by Section 24.012, the terms of a family district court begin on the first Monday in January and the first Monday in July.

  507. Tex. Government Code Sec. 24.603. JUDGE.

  508. Tex. Government Code Sec. 24.604. APPOINTMENT OF RETIRED JUDGE TO SIT FOR REGULAR JUDGE.

  509. Tex. Government Code Sec. 24.605. COURT OFFICIALS, PERSONNEL, AND FACILITIES.

  510. Tex. Government Code Sec. 24.606. COUNTY JUVENILE BOARD. When a family district court is created in a county, the county's juvenile board composition and the additional compensation of the board members is as provided by Article 5139.2, Revised Statutes.

  511. Tex. Government Code Sec. 24.607. COURT STYLE. A district court for a judicial district listed in this chapter is a family district court and may be called the "Family District Court for the (number of district) Judicial District."

  512. Tex. Government Code Sec. 24.608. 300TH JUDICIAL DISTRICT (BRAZORIA COUNTY). The 300th Judicial District is composed of Brazoria County.

  513. Tex. Government Code Sec. 24.609. 301ST JUDICIAL DISTRICT (DALLAS COUNTY). The 301st Judicial District is composed of Dallas County.

  514. Tex. Government Code Sec. 24.610. 302ND JUDICIAL DISTRICT (DALLAS COUNTY). The 302nd Judicial District is composed of Dallas County.

  515. Tex. Government Code Sec. 24.611. 303RD JUDICIAL DISTRICT (DALLAS COUNTY). The 303rd Judicial District is composed of Dallas County.

  516. Tex. Government Code Sec. 24.612. 304TH JUDICIAL DISTRICT (DALLAS COUNTY). The 304th Judicial District is composed of Dallas County.

  517. Tex. Government Code Sec. 24.613. 305TH JUDICIAL DISTRICT (DALLAS COUNTY). The 305th Judicial District is composed of Dallas County.

  518. Tex. Government Code Sec. 24.614. 306TH JUDICIAL DISTRICT (GALVESTON COUNTY).

  519. Tex. Government Code Sec. 24.615. 307TH JUDICIAL DISTRICT (GREGG COUNTY). The 307th Judicial District is composed of Gregg County.

  520. Tex. Government Code Sec. 24.616. 308TH JUDICIAL DISTRICT (HARRIS COUNTY). The 308th Judicial District is composed of Harris County.

  521. Tex. Government Code Sec. 24.617. 309TH JUDICIAL DISTRICT (HARRIS COUNTY). The 309th Judicial District is composed of Harris County.

  522. Tex. Government Code Sec. 24.618. 310TH JUDICIAL DISTRICT (HARRIS COUNTY). The 310th Judicial District is composed of Harris County.

  523. Tex. Government Code Sec. 24.619. 311TH JUDICIAL DISTRICT (HARRIS COUNTY). The 311th Judicial District is composed of Harris County.

  524. Tex. Government Code Sec. 24.620. 312TH JUDICIAL DISTRICT (HARRIS COUNTY). The 312th Judicial District is composed of Harris County.

  525. Tex. Government Code Sec. 24.621. 313TH JUDICIAL DISTRICT (HARRIS COUNTY). The 313th Judicial District is composed of Harris County.

  526. Tex. Government Code Sec. 24.622. 314TH JUDICIAL DISTRICT (HARRIS COUNTY). The 314th Judicial District is composed of Harris County.

  527. Tex. Government Code Sec. 24.623. 315TH JUDICIAL DISTRICT (HARRIS COUNTY). The 315th Judicial District is composed of Harris County.

  528. Tex. Government Code Sec. 24.624. 316TH JUDICIAL DISTRICT (HUTCHINSON COUNTY). The 316th Judicial District is composed of Hutchinson County.

  529. Tex. Government Code Sec. 24.625. 317TH JUDICIAL DISTRICT (JEFFERSON COUNTY). The 317th Judicial District is composed of Jefferson County.

  530. Tex. Government Code Sec. 24.626. 318TH JUDICIAL DISTRICT (MIDLAND COUNTY). The 318th Judicial District is composed of Midland County.

  531. Tex. Government Code Sec. 24.627. 319TH JUDICIAL DISTRICT (NUECES COUNTY).

  532. Tex. Government Code Sec. 24.628. 320TH JUDICIAL DISTRICT (POTTER COUNTY). The 320th Judicial District is composed of Potter County.

  533. Tex. Government Code Sec. 24.629. 321ST JUDICIAL DISTRICT (SMITH COUNTY). The 321st Judicial District is composed of Smith County.

  534. Tex. Government Code Sec. 24.630. 322ND JUDICIAL DISTRICT (TARRANT COUNTY). The 322nd Judicial District is composed of Tarrant County.

  535. Tex. Government Code Sec. 24.631. 323RD JUDICIAL DISTRICT (TARRANT COUNTY). The 323rd Judicial District is composed of Tarrant County.

  536. Tex. Government Code Sec. 24.632. 324TH JUDICIAL DISTRICT (TARRANT COUNTY). The 324th Judicial District is composed of Tarrant County.

  537. Tex. Government Code Sec. 24.633. 325TH JUDICIAL DISTRICT (TARRANT COUNTY). The 325th Judicial District is composed of Tarrant County.

  538. Tex. Government Code Sec. 24.634. 326TH JUDICIAL DISTRICT (TAYLOR COUNTY). The 326th Judicial District is composed of Taylor County.

  539. Tex. Government Code Sec. 24.635. 65TH JUDICIAL DISTRICT (EL PASO COUNTY). The 65th Judicial District is composed of El Paso County.

  540. Tex. Government Code Sec. 24.636. 328TH JUDICIAL DISTRICT (FORT BEND COUNTY). The 328th Judicial District is composed of Fort Bend County.

  541. Tex. Government Code Sec. 24.637. 329TH JUDICIAL DISTRICT (WHARTON COUNTY).

  542. Tex. Government Code Sec. 24.638. 330TH JUDICIAL DISTRICT (DALLAS COUNTY). The 330th Judicial District is composed of Dallas County.

  543. Tex. Government Code Sec. 24.639. 360TH JUDICIAL DISTRICT (TARRANT COUNTY). The 360th Judicial District is composed of Tarrant County.

  544. Tex. Government Code Sec. 24.640. 444TH JUDICIAL DISTRICT (CAMERON COUNTY). The 444th Judicial District is composed of Cameron County.

  545. Tex. Government Code Sec. 24.641. 507TH JUDICIAL DISTRICT (HARRIS COUNTY). The 507th Judicial District is composed of Harris County.

  546. Tex. Government Code Sec. 24.642. 469TH JUDICIAL DISTRICT (COLLIN COUNTY). The 469th Judicial District is composed of Collin County. The 469th District Court shall hear family law matters.

  547. Tex. Government Code Sec. 24.643. 470TH JUDICIAL DISTRICT (COLLIN COUNTY). The 470th Judicial District is composed of Collin County. The 470th District Court shall hear family law matters.

  548. Tex. Government Code Sec. 24.644. 505TH JUDICIAL DISTRICT (FORT BEND COUNTY). The 505th Judicial District is composed of Fort Bend County.

  549. Tex. Government Code Sec. 24.901. CRIMINAL JUDICIAL DISTRICT OF DALLAS COUNTY.

  550. Tex. Government Code Sec. 24.902. DALLAS COUNTY CRIMINAL JUDICIAL DISTRICT NO. 2.

  551. Tex. Government Code Sec. 24.903. DALLAS COUNTY CRIMINAL JUDICIAL DISTRICT NO. 3.

  552. Tex. Government Code Sec. 24.904. DALLAS COUNTY CRIMINAL JUDICIAL DISTRICT NO. 4.

  553. Tex. Government Code Sec. 24.905. DALLAS COUNTY CRIMINAL JUDICIAL DISTRICT NO. 5.

  554. Tex. Government Code Sec. 24.906. DALLAS COUNTY CRIMINAL JUDICIAL DISTRICT NO. 6.

  555. Tex. Government Code Sec. 24.907. DALLAS COUNTY CRIMINAL JUDICIAL DISTRICT NO. 7.

  556. Tex. Government Code Sec. 24.908. EL PASO COUNTY CRIMINAL JUDICIAL DISTRICT NO. 1.

  557. Tex. Government Code Sec. 24.910. TARRANT COUNTY CRIMINAL JUDICIAL DISTRICT NO. 1.

  558. Tex. Government Code Sec. 24.911. TARRANT COUNTY CRIMINAL JUDICIAL DISTRICT NO. 2.

  559. Tex. Government Code Sec. 24.912. TARRANT COUNTY CRIMINAL JUDICIAL DISTRICT NO. 3.

  560. Tex. Government Code Sec. 24.913. TARRANT COUNTY CRIMINAL JUDICIAL DISTRICT NO. 4.

  561. Tex. Government Code Sec. 24.920. CRIMINAL JUDICIAL DISTRICT OF JEFFERSON COUNTY.

  562. Tex. Government Code Sec. 24.941. DECLARATION OF POLICY. It is the policy of the state that the administration of justice shall be prompt and efficient and that, for this purpose, the judicial districts of the state shall be reapportioned as provided by this subchapter so that the district courts of various judicial districts have judicial burdens that are as nearly equal as possible.

  563. Tex. Government Code Sec. 24.942. DEFINITIONS. In this subchapter:

  564. Tex. Government Code Sec. 24.943. OFFICIAL DUTY. Service on the board is an official duty of each of the officers named in Article V, Section 7a, of the Texas Constitution.

  565. Tex. Government Code Sec. 24.944. DUTIES. The board shall reapportion the judicial districts authorized by Article V, Section 7, of the Texas Constitution by statewide reapportionment of the districts and, as the necessity for additional reapportionment appears, by redesignating, in one or more reapportionment orders, the county or counties that comprise the specific judicial districts affected by those reapportionment orders. The board shall investigate from time to time the necessity of and appropriate locations for new judicial districts and shall advise the legislature of its findings. The board shall inform itself on all matters bearing on its duties.

  566. Tex. Government Code Sec. 24.945. RULES AND CONDITIONS FOR REAPPORTIONMENT.

  567. Tex. Government Code Sec. 24.946. PROCEDURE.

  568. Tex. Government Code Sec. 24.947. REAPPORTIONMENT ORDERS. Any judicial reapportionment order adopted by the board must be approved by a record vote of the majority of the membership of both the senate and house of representatives before the order can become effective and binding.

  569. Tex. Government Code Sec. 24.948. EFFECT OF REAPPORTIONMENT.

  570. Tex. Government Code Sec. 24.949. PENDING CASES AND PROCEEDINGS.

  571. Tex. Government Code Sec. 24.950. EQUALIZATION OF DOCKETS. The judges of the district courts may equalize their dockets in all counties in which there are two or more district courts. The judge of a district court, on motion of a party, on agreement of the parties, or on the judge's own motion, may transfer a cause or proceeding on the judge's docket to the docket of one of the other district courts.

  572. Tex. Government Code Sec. 24.951. CONCURRENT JURISDICTION. If a county is located in two or more judicial districts by reapportionment under this subchapter, all the district courts in the county have concurrent civil and criminal jurisdiction within the territorial limits of the county.

  573. Tex. Government Code Sec. 24.952. TERMS OF COURTS. The terms of the district court of a judicial district affected by reapportionment under this subchapter shall be the terms provided by the board in the reapportionment order affecting the judicial district. In the absence of a provision by the board, the terms of the district court, until otherwise prescribed by law, begin on the first Mondays in January and July of each year and continue until the time for convening the next regular term of the court. Each district court may hold as many sessions of court in each county each year as the judge considers expedient.

  574. Tex. Government Code Sec. 24.953. OFFICERS OF COURT. In a county placed in a different or additional judicial district by reapportionment under this subchapter, the district clerk, sheriff, constables, county attorney, and district attorney or criminal district attorney of the county, and their assistants and successors in office, shall be the respective officers of all district courts of the county, including the courts of the different or additional judicial districts. Each officer shall perform all the duties and functions of his office relative to all the district courts of the county.

  575. Tex. Government Code Sec. 24.954. QUARTERS FOR COURTS. The commissioners court of a county that is newly included in a judicial district by reapportionment under this subchapter shall provide suitable quarters, facilities, and personnel for the district court of the judicial district.

Chapter 25

  1. Tex. Government Code Sec. 25.0001. APPLICATION OF SUBCHAPTER.

  2. Tex. Government Code Sec. 25.0002. DEFINITIONS. In this chapter:

  3. Tex. Government Code Sec. 25.0003. JURISDICTION.

  4. Tex. Government Code Sec. 25.0004. POWERS AND DUTIES.

  5. Tex. Government Code Sec. 25.0005. JUDGE'S SALARY.

  6. Tex. Government Code Sec. 25.0006. BOND; REMOVAL.

  7. Tex. Government Code Sec. 25.0007. JURIES; PRACTICE AND PROCEDURE.

  8. Tex. Government Code Sec. 25.0008. FEES. A judge of a statutory county court shall assess the same fees as are prescribed by law relating to county judges' fees. The clerk of the court shall collect the fees and pay them into the county treasury on collection. A fee may not be paid to the judge.

  9. Tex. Government Code Sec. 25.0009. VACANCY.

  10. Tex. Government Code Sec. 25.0010. FACILITIES; PERSONNEL.

  11. Tex. Government Code Sec. 25.0011. SEAL. The seal of each statutory county court is the same as that provided by law for a county court except that the seal must contain the name of the statutory county court as it appears in this chapter.

  12. Tex. Government Code Sec. 25.0012. EXCHANGE OF JUDGES IN CERTAIN COUNTY COURTS AT LAW AND COUNTY CRIMINAL COURTS. In any county with a population of more than 300,000, the judge of a county criminal court and the judge of a county court at law may hold court for or with one another. The county criminal court has the necessary civil jurisdiction to hold court for the county court at law.

  13. Tex. Government Code Sec. 25.0014. QUALIFICATIONS OF JUDGE. The judge of a statutory county court must:

  14. Tex. Government Code Sec. 25.0015. STATE CONTRIBUTION. Beginning on the first day of the state fiscal year, the state shall annually compensate each county in an amount equal to 60 percent of the state base salary paid to a district judge as set by the General Appropriations Act in accordance with Section 659.012(a) for each statutory county court judge in the county who:

  15. Tex. Government Code Sec. 25.0016. TERMS OF COURT; TERMS AND SESSIONS OF COURT FOLLOWING CERTAIN DISASTERS.

  16. Tex. Government Code Sec. 25.00161. PRIVATE PRACTICE OF LAW. The regular judge of a statutory county court shall diligently discharge the duties of the office on a full-time basis and may not engage in the private practice of law.

  17. Tex. Government Code Sec. 25.0017. VISITING JUDGE TO TAKE OATH.

  18. Tex. Government Code Sec. 25.0018. RECORD.

  19. Tex. Government Code Sec. 25.0019. LOCATION OF PROCEEDINGS FOLLOWING CERTAIN DISASTERS.

  20. Tex. Government Code Sec. 25.0020. APPOINTMENT OF COUNSEL IN CERTAIN APPEALS.

  21. Tex. Government Code Sec. 25.0021. JURISDICTION.

  22. Tex. Government Code Sec. 25.00211. STATE CONTRIBUTION.

  23. Tex. Government Code Sec. 25.00212. EXCESS CONTRIBUTIONS.

  24. Tex. Government Code Sec. 25.00213. CONTRIBUTIONS FUND.

  25. Tex. Government Code Sec. 25.0022. ADMINISTRATION OF STATUTORY PROBATE COURTS.

  26. Tex. Government Code Sec. 25.002201. ASSIGNMENT OF JUDGE ON RECUSAL OR DISQUALIFICATION.

  27. Tex. Government Code Sec. 25.00221. VISITING JUDGE TO TAKE OATH; RECORD.

  28. Tex. Government Code Sec. 25.00222. TRANSFER OF CASES.

  29. Tex. Government Code Sec. 25.0023. COMPENSATION OF PROBATE COURT JUDGES.

  30. Tex. Government Code Sec. 25.00231. BOND; INSURANCE.

  31. Tex. Government Code Sec. 25.0024. COURT COORDINATORS, ADMINISTRATIVE ASSISTANTS, AND AUDITORS FOR STATUTORY PROBATE COURTS.

  32. Tex. Government Code Sec. 25.0025. COURT INVESTIGATORS.

  33. Tex. Government Code Sec. 25.00251. PUBLIC PROBATE ADMINISTRATOR.

  34. Tex. Government Code Sec. 25.00255. RECUSAL OR DISQUALIFICATION OF JUDGE.

  35. Tex. Government Code Sec. 25.00256. TERTIARY RECUSAL MOTION AGAINST JUDGE.

  36. Tex. Government Code Sec. 25.0026. POWERS AND DUTIES.

  37. Tex. Government Code Sec. 25.0027. JURIES; PRACTICE AND PROCEDURE. The drawing of jury panels, selection of jurors, and practice in the statutory probate courts must conform to that prescribed by law for county courts, except that practice, procedure, rules of evidence, issuance of process and writs, juries, including the number of jurors provided the parties to a proceeding may agree to try a particular case with fewer than 12 jurors, and all other matters pertaining to the conduct of trials and hearings in the statutory probate courts involving those matters of concurrent jurisdiction with district courts are governed by the laws and rules pertaining to district courts.

  38. Tex. Government Code Sec. 25.0029. FEES. A judge of a statutory probate court shall assess the same fees as are prescribed by law relating to county judges' fees. The clerk of the court shall collect the fees and pay them into the county treasury on collection. A fee may not be paid to the judge.

  39. Tex. Government Code Sec. 25.0030. FACILITIES; PERSONNEL.

  40. Tex. Government Code Sec. 25.0031. SEAL. The seal of each statutory probate court is the same as that provided by law for a county court except that the seal must contain the name of the statutory probate court as it appears in this chapter.

  41. Tex. Government Code Sec. 25.0032. LOCATION OF PROCEEDINGS FOLLOWING CERTAIN DISASTERS.

  42. Tex. Government Code Sec. 25.0033. QUALIFICATIONS OF JUDGE. The judge of a statutory probate court must:

  43. Tex. Government Code Sec. 25.0034. PRIVATE PRACTICE OF LAW. The regular judge of a statutory probate court shall diligently discharge the duties of the office on a full-time basis and may not engage in the private practice of law.

  44. Tex. Government Code Sec. 25.0035. TERMS OF COURT; TERMS AND SESSIONS OF COURT FOLLOWING CERTAIN DISASTERS.

  45. Tex. Government Code Sec. 25.0041. ANDERSON COUNTY.

  46. Tex. Government Code Sec. 25.0042. ANDERSON COUNTY COURT AT LAW PROVISIONS.

  47. Tex. Government Code Sec. 25.0051. ANGELINA COUNTY. Angelina County has the following statutory county courts:

  48. Tex. Government Code Sec. 25.0052. ANGELINA COUNTY COURT AT LAW PROVISIONS.

  49. Tex. Government Code Sec. 25.0061. ARANSAS COUNTY. Aransas County has one statutory county court, the County Court at Law of Aransas County.

  50. Tex. Government Code Sec. 25.0062. ARANSAS COUNTY COURT AT LAW PROVISIONS.

  51. Tex. Government Code Sec. 25.0091. ATASCOSA COUNTY. Atascosa County has one statutory county court, the County Court at Law of Atascosa County.

  52. Tex. Government Code Sec. 25.0092. ATASCOSA COUNTY COURT AT LAW PROVISIONS.

  53. Tex. Government Code Sec. 25.0101. AUSTIN COUNTY. Austin County has one statutory county court, the County Court at Law of Austin County.

  54. Tex. Government Code Sec. 25.0102. AUSTIN COUNTY COURT AT LAW PROVISIONS.

  55. Tex. Government Code Sec. 25.0131. BASTROP COUNTY. Bastrop County has one statutory county court, the County Court at Law of Bastrop County.

  56. Tex. Government Code Sec. 25.0132. BASTROP COUNTY COURT AT LAW PROVISIONS.

  57. Tex. Government Code Sec. 25.0151. BEE COUNTY. Bee County has one statutory county court, the County Court at Law of Bee County.

  58. Tex. Government Code Sec. 25.0152. BEE COUNTY COURT AT LAW PROVISIONS.

  59. Tex. Government Code Sec. 25.0161. BELL COUNTY. Bell County has the following statutory county courts:

  60. Tex. Government Code Sec. 25.0162. BELL COUNTY COURT AT LAW PROVISIONS.

  61. Tex. Government Code Sec. 25.0171. BEXAR COUNTY.

  62. Tex. Government Code Sec. 25.0172. BEXAR COUNTY COURT AT LAW PROVISIONS.

  63. Tex. Government Code Sec. 25.0173. BEXAR COUNTY PROBATE COURTS.

  64. Tex. Government Code Sec. 25.0201. BOSQUE COUNTY. Bosque County has one statutory county court, the County Court at Law of Bosque County.

  65. Tex. Government Code Sec. 25.0202. BOSQUE COUNTY COURT AT LAW PROVISIONS.

  66. Tex. Government Code Sec. 25.0211. BOWIE COUNTY. Bowie County has one statutory county court, the County Court at Law of Bowie County.

  67. Tex. Government Code Sec. 25.0212. BOWIE COUNTY COURT AT LAW PROVISIONS.

  68. Tex. Government Code Sec. 25.0221. BRAZORIA COUNTY. Brazoria County has the following statutory county courts:

  69. Tex. Government Code Sec. 25.0222. BRAZORIA STATUTORY COUNTY COURT PROVISIONS.

  70. Tex. Government Code Sec. 25.0231. BRAZOS COUNTY. Brazos County has the following statutory county courts:

  71. Tex. Government Code Sec. 25.0232. BRAZOS COUNTY COURT AT LAW PROVISIONS.

  72. Tex. Government Code Sec. 25.0271. BROWN COUNTY. Brown County has one statutory county court, the County Court at Law of Brown County.

  73. Tex. Government Code Sec. 25.0272. BROWN COUNTY COURT AT LAW PROVISIONS.

  74. Tex. Government Code Sec. 25.0291. BURNET COUNTY. Burnet County has one statutory county court, the County Court at Law of Burnet County.

  75. Tex. Government Code Sec. 25.0292. BURNET COUNTY COURT AT LAW PROVISIONS.

  76. Tex. Government Code Sec. 25.0301. CALDWELL COUNTY. Caldwell County has one statutory county court, the County Court at Law of Caldwell County.

  77. Tex. Government Code Sec. 25.0302. CALDWELL COUNTY COURT AT LAW PROVISIONS.

  78. Tex. Government Code Sec. 25.0311. CALHOUN COUNTY. Calhoun County has one statutory county court, the County Court at Law No. 1 of Calhoun County.

  79. Tex. Government Code Sec. 25.0312. CALHOUN COUNTY COURT AT LAW PROVISIONS.

  80. Tex. Government Code Sec. 25.0331. CAMERON COUNTY.

  81. Tex. Government Code Sec. 25.0332. CAMERON COUNTY COURT AT LAW PROVISIONS.

  82. Tex. Government Code Sec. 25.0333. CAMERON COUNTY PROBATE COURT PROVISIONS.

  83. Tex. Government Code Sec. 25.0361. CASS COUNTY. Cass County has one statutory county court, the County Court at Law of Cass County.

  84. Tex. Government Code Sec. 25.0362. CASS COUNTY COURT AT LAW PROVISIONS.

  85. Tex. Government Code Sec. 25.0381. CHAMBERS COUNTY. Chambers County has one statutory county court, the County Court at Law of Chambers County.

  86. Tex. Government Code Sec. 25.0382. CHAMBERS COUNTY COURT AT LAW PROVISIONS.

  87. Tex. Government Code Sec. 25.0391. CHEROKEE COUNTY.

  88. Tex. Government Code Sec. 25.0392. CHEROKEE COUNTY COURT AT LAW PROVISIONS.

  89. Tex. Government Code Sec. 25.0451. COLLIN COUNTY.

  90. Tex. Government Code Sec. 25.0452. COLLIN COUNTY COURT AT LAW PROVISIONS.

  91. Tex. Government Code Sec. 25.0453. COLLIN COUNTY STATUTORY PROBATE COURT PROVISIONS.

  92. Tex. Government Code Sec. 25.0481. COMAL COUNTY. Comal County has the following statutory county courts:

  93. Tex. Government Code Sec. 25.0482. COMAL COUNTY COURT AT LAW PROVISIONS.

  94. Tex. Government Code Sec. 25.0511. COOKE COUNTY. Cooke County has one statutory county court, the County Court at Law of Cooke County.

  95. Tex. Government Code Sec. 25.0512. COOKE COUNTY COURT AT LAW PROVISIONS.

  96. Tex. Government Code Sec. 25.0521. CORYELL COUNTY. Coryell County has one statutory county court, the County Court at Law of Coryell County.

  97. Tex. Government Code Sec. 25.0522. CORYELL COUNTY COURT AT LAW PROVISIONS.

  98. Tex. Government Code Sec. 25.0591. DALLAS COUNTY.

  99. Tex. Government Code Sec. 25.0592. DALLAS COUNTY COURT AT LAW PROVISIONS.

  100. Tex. Government Code Sec. 25.0593. DALLAS COUNTY CRIMINAL COURT PROVISIONS.

  101. Tex. Government Code Sec. 25.0594. DALLAS COUNTY CRIMINAL COURT OF APPEALS PROVISIONS.

  102. Tex. Government Code Sec. 25.0595. DALLAS COUNTY PROBATE COURTS.

  103. Tex. Government Code Sec. 25.0631. DENTON COUNTY.

  104. Tex. Government Code Sec. 25.0632. DENTON COUNTY STATUTORY COURT AND STATUTORY PROBATE COURT PROVISIONS.

  105. Tex. Government Code Sec. 25.0633. DENTON COUNTY COURT AT LAW PROVISIONS.

  106. Tex. Government Code Sec. 25.0634. DENTON COUNTY CRIMINAL COURT PROVISIONS.

  107. Tex. Government Code Sec. 25.0635. DENTON COUNTY STATUTORY PROBATE COURT PROVISIONS.

  108. Tex. Government Code Sec. 25.0701. ECTOR COUNTY.

  109. Tex. Government Code Sec. 25.0702. ECTOR COUNTY COURT AT LAW.

  110. Tex. Government Code Sec. 25.0721. ELLIS COUNTY. Ellis County has the following statutory county courts:

  111. Tex. Government Code Sec. 25.0722. ELLIS COUNTY COURT AT LAW PROVISIONS.

  112. Tex. Government Code Sec. 25.0731. EL PASO COUNTY.

  113. Tex. Government Code Sec. 25.0732. EL PASO COUNTY COURT AT LAW PROVISIONS.

  114. Tex. Government Code Sec. 25.0733. EL PASO COUNTY PROBATE COURT PROVISIONS.

  115. Tex. Government Code Sec. 25.0741. ERATH COUNTY. Erath County has one statutory county court, the County Court at Law of Erath County.

  116. Tex. Government Code Sec. 25.0742. ERATH COUNTY COURT AT LAW PROVISIONS.

  117. Tex. Government Code Sec. 25.0761. FANNIN COUNTY. Fannin County has one statutory county court, the County Court at Law of Fannin County.

  118. Tex. Government Code Sec. 25.0762. FANNIN COUNTY COURT AT LAW PROVISIONS.

  119. Tex. Government Code Sec. 25.0811. FORT BEND COUNTY. Fort Bend County has the following statutory county courts:

  120. Tex. Government Code Sec. 25.0812. FORT BEND COUNTY COURT AT LAW PROVISIONS.

  121. Tex. Government Code Sec. 25.0861. GALVESTON COUNTY.

  122. Tex. Government Code Sec. 25.0862. GALVESTON COUNTY STATUTORY COURT PROVISIONS.

  123. Tex. Government Code Sec. 25.0881. GILLESPIE COUNTY. Gillespie County has one statutory county court, the County Court at Law of Gillespie County.

  124. Tex. Government Code Sec. 25.0882. GILLESPIE COUNTY COURT AT LAW PROVISIONS.

  125. Tex. Government Code Sec. 25.0931. GRAYSON COUNTY.

  126. Tex. Government Code Sec. 25.0932. GRAYSON COUNTY COURT AT LAW PROVISIONS.

  127. Tex. Government Code Sec. 25.0941. GREGG COUNTY.

  128. Tex. Government Code Sec. 25.0942. GREGG COUNTY COURT AT LAW PROVISIONS.

  129. Tex. Government Code Sec. 25.0951. GRIMES COUNTY. Grimes County has one statutory county court, the County Court at Law of Grimes County.

  130. Tex. Government Code Sec. 25.0952. GRIMES COUNTY COURT AT LAW PROVISIONS.

  131. Tex. Government Code Sec. 25.0961. GUADALUPE COUNTY.

  132. Tex. Government Code Sec. 25.0962. GUADALUPE COUNTY COURT AT LAW PROVISIONS.

  133. Tex. Government Code Sec. 25.1031. HARRIS COUNTY.

  134. Tex. Government Code Sec. 25.1032. HARRIS COUNTY CIVIL COURT AT LAW PROVISIONS.

  135. Tex. Government Code Sec. 25.1033. HARRIS COUNTY CRIMINAL COURT AT LAW PROVISIONS.

  136. Tex. Government Code Sec. 25.1034. HARRIS COUNTY PROBATE COURT PROVISIONS.

  137. Tex. Government Code Sec. 25.1041. HARRISON COUNTY.

  138. Tex. Government Code Sec. 25.1042. HARRISON COUNTY COURT AT LAW PROVISIONS.

  139. Tex. Government Code Sec. 25.1071. HAYS COUNTY. Hays County has the following statutory county courts:

  140. Tex. Government Code Sec. 25.1072. HAYS COUNTY AT LAW PROVISIONS.

  141. Tex. Government Code Sec. 25.1091. HENDERSON COUNTY. Henderson County has the following statutory county courts:

  142. Tex. Government Code Sec. 25.1092. HENDERSON COUNTY COURT AT LAW PROVISIONS.

  143. Tex. Government Code Sec. 25.1101. HIDALGO COUNTY.

  144. Tex. Government Code Sec. 25.1102. HIDALGO COUNTY COURT AT LAW PROVISIONS.

  145. Tex. Government Code Sec. 25.1111. HILL COUNTY. Hill County has one statutory county court, the County Court at Law of Hill County.

  146. Tex. Government Code Sec. 25.1112. HILL COUNTY COURT AT LAW PROVISIONS.

  147. Tex. Government Code Sec. 25.1131. HOOD COUNTY. Hood County has one statutory county court, the County Court at Law No. 1 of Hood County.

  148. Tex. Government Code Sec. 25.1132. HOOD COUNTY COURT AT LAW PROVISIONS.

  149. Tex. Government Code Sec. 25.1141. HOPKINS COUNTY. Hopkins County has one statutory county court, the County Court at Law of Hopkins County.

  150. Tex. Government Code Sec. 25.1142. HOPKINS COUNTY COURT AT LAW PROVISIONS.

  151. Tex. Government Code Sec. 25.1151. HOUSTON COUNTY. Houston County has one statutory county court, the County Court at Law of Houston County.

  152. Tex. Government Code Sec. 25.1152. HOUSTON COUNTY COURT AT LAW PROVISIONS.

  153. Tex. Government Code Sec. 25.1181. HUNT COUNTY. Hunt County has two statutory county courts:

  154. Tex. Government Code Sec. 25.1182. HUNT COUNTY COURT AT LAW PROVISIONS.

  155. Tex. Government Code Sec. 25.1251. JEFFERSON COUNTY.

  156. Tex. Government Code Sec. 25.1252. JEFFERSON COUNTY COURT AT LAW PROVISIONS.

  157. Tex. Government Code Sec. 25.1271. JIM WELLS COUNTY. Jim Wells County has one statutory county court, the County Court at Law of Jim Wells County.

  158. Tex. Government Code Sec. 25.1272. JIM WELLS COUNTY COURT AT LAW PROVISIONS.

  159. Tex. Government Code Sec. 25.1281. JOHNSON COUNTY. Johnson County has the following statutory county courts:

  160. Tex. Government Code Sec. 25.1282. JOHNSON COUNTY COURT AT LAW PROVISIONS.

  161. Tex. Government Code Sec. 25.1311. KAUFMAN COUNTY. Kaufman County has the following statutory county courts:

  162. Tex. Government Code Sec. 25.1312. KAUFMAN COUNTY COURT AT LAW PROVISIONS.

  163. Tex. Government Code Sec. 25.1351. KERR COUNTY. Kerr County has one statutory county court, the County Court at Law of Kerr County.

  164. Tex. Government Code Sec. 25.1352. KERR COUNTY COURT AT LAW PROVISIONS.

  165. Tex. Government Code Sec. 25.1391. KLEBERG COUNTY.

  166. Tex. Government Code Sec. 25.1392. KLEBERG COUNTY COURT AT LAW PROVISIONS.

  167. Tex. Government Code Sec. 25.1411. LAMAR COUNTY. Lamar County has one statutory county court, the County Court at Law of Lamar County.

  168. Tex. Government Code Sec. 25.1412. LAMAR COUNTY COURT AT LAW PROVISIONS.

  169. Tex. Government Code Sec. 25.1481. LIBERTY COUNTY.

  170. Tex. Government Code Sec. 25.1482. LIBERTY COUNTY COURT AT LAW PROVISIONS.

  171. Tex. Government Code Sec. 25.1541. LUBBOCK COUNTY.

  172. Tex. Government Code Sec. 25.1542. LUBBOCK COUNTY COURT AT LAW PROVISIONS.

  173. Tex. Government Code Sec. 25.1563. MAVERICK COUNTY. Maverick County has one statutory county court, the County Court at Law of Maverick County.

  174. Tex. Government Code Sec. 25.1571. MCLENNAN COUNTY. McLennan County has the following statutory county courts:

  175. Tex. Government Code Sec. 25.1572. MCLENNAN COUNTY COURT AT LAW PROVISIONS.

  176. Tex. Government Code Sec. 25.1651. MEDINA COUNTY. Medina County has one statutory county court, the County Court at Law of Medina County.

  177. Tex. Government Code Sec. 25.1652. MEDINA COUNTY COURT AT LAW PROVISIONS.

  178. Tex. Government Code Sec. 25.1671. MIDLAND COUNTY. Midland County has the following statutory county courts:

  179. Tex. Government Code Sec. 25.1672. MIDLAND COUNTY COURT AT LAW PROVISIONS.

  180. Tex. Government Code Sec. 25.1721. MONTGOMERY COUNTY.

  181. Tex. Government Code Sec. 25.1722. MONTGOMERY COUNTY COURT AT LAW PROVISIONS.

  182. Tex. Government Code Sec. 25.1723. MONTGOMERY COUNTY PROBATE COURT PROVISIONS.

  183. Tex. Government Code Sec. 25.1731. MOORE COUNTY.

  184. Tex. Government Code Sec. 25.1732. MOORE COUNTY COURT AT LAW PROVISIONS.

  185. Tex. Government Code Sec. 25.1761. NACOGDOCHES COUNTY. Nacogdoches County has one statutory county court, the County Court at Law of Nacogdoches County.

  186. Tex. Government Code Sec. 25.1762. NACOGDOCHES COUNTY COURT AT LAW PROVISIONS.

  187. Tex. Government Code Sec. 25.1771. NAVARRO COUNTY. Navarro County has one statutory county court, the County Court at Law of Navarro County.

  188. Tex. Government Code Sec. 25.1772. NAVARRO COUNTY COURT AT LAW PROVISIONS.

  189. Tex. Government Code Sec. 25.1801. NUECES COUNTY.

  190. Tex. Government Code Sec. 25.1802. NUECES COUNTY COURT AT LAW PROVISIONS.

  191. Tex. Government Code Sec. 25.1831. ORANGE COUNTY.

  192. Tex. Government Code Sec. 25.1832. ORANGE COUNTY COURT AT LAW PROVISIONS.

  193. Tex. Government Code Sec. 25.1851. PANOLA COUNTY. Panola County has one statutory county court, the County Court at Law of Panola County.

  194. Tex. Government Code Sec. 25.1852. PANOLA COUNTY COURT AT LAW PROVISIONS.

  195. Tex. Government Code Sec. 25.1861. PARKER COUNTY.

  196. Tex. Government Code Sec. 25.1862. PARKER COUNTY COURT AT LAW PROVISIONS.

  197. Tex. Government Code Sec. 25.1863. PROBATE JURISDICTION: CONTESTED CASES.

  198. Tex. Government Code Sec. 25.1891. POLK COUNTY. Polk County has one statutory county court, the County Court at Law of Polk County.

  199. Tex. Government Code Sec. 25.1892. POLK COUNTY COURT AT LAW PROVISIONS.

  200. Tex. Government Code Sec. 25.1901. POTTER COUNTY.

  201. Tex. Government Code Sec. 25.1902. POTTER COUNTY COURT AT LAW PROVISIONS.

  202. Tex. Government Code Sec. 25.1931. RANDALL COUNTY.

  203. Tex. Government Code Sec. 25.1932. RANDALL COUNTY COURT AT LAW PROVISIONS.

  204. Tex. Government Code Sec. 25.1971. REEVES COUNTY.

  205. Tex. Government Code Sec. 25.1972. REEVES COUNTY COURT AT LAW PROVISIONS.

  206. Tex. Government Code Sec. 25.2011. ROCKWALL COUNTY. Rockwall County has the following statutory county courts:

  207. Tex. Government Code Sec. 25.2012. ROCKWALL COUNTY COURT AT LAW PROVISIONS.

  208. Tex. Government Code Sec. 25.2031. RUSK COUNTY. Rusk County has one statutory county court, the County Court at Law of Rusk County.

  209. Tex. Government Code Sec. 25.2032. RUSK COUNTY COURT AT LAW PROVISIONS.

  210. Tex. Government Code Sec. 25.2071. SAN PATRICIO COUNTY.

  211. Tex. Government Code Sec. 25.2072. SAN PATRICIO COUNTY COURT AT LAW PROVISIONS.

  212. Tex. Government Code Sec. 25.2141. SMITH COUNTY.

  213. Tex. Government Code Sec. 25.2142. SMITH COUNTY COURT AT LAW PROVISIONS.

  214. Tex. Government Code Sec. 25.2161. STARR COUNTY. Starr County has one statutory county court, the County Court at Law of Starr County.

  215. Tex. Government Code Sec. 25.2162. STARR COUNTY COURT AT LAW PROVISIONS.

  216. Tex. Government Code Sec. 25.2221. TARRANT COUNTY.

  217. Tex. Government Code Sec. 25.2222. TARRANT COUNTY COURT AT LAW PROVISIONS.

  218. Tex. Government Code Sec. 25.2223. TARRANT COUNTY CRIMINAL COURT PROVISIONS.

  219. Tex. Government Code Sec. 25.2224. TARRANT COUNTY PROBATE COURT PROVISIONS.

  220. Tex. Government Code Sec. 25.2231. TAYLOR COUNTY. Taylor County has the following statutory county courts:

  221. Tex. Government Code Sec. 25.2232. TAYLOR COUNTY COURT AT LAW PROVISIONS.

  222. Tex. Government Code Sec. 25.2281. TOM GREEN COUNTY. Tom Green County has the following statutory county courts:

  223. Tex. Government Code Sec. 25.2282. TOM GREEN COUNTY COURT AT LAW PROVISIONS.

  224. Tex. Government Code Sec. 25.2291. TRAVIS COUNTY.

  225. Tex. Government Code Sec. 25.2292. TRAVIS COUNTY COURT AT LAW PROVISIONS.

  226. Tex. Government Code Sec. 25.2293. TRAVIS COUNTY PROBATE COURT PROVISIONS.

  227. Tex. Government Code Sec. 25.2351. VAL VERDE COUNTY.

  228. Tex. Government Code Sec. 25.2352. VAL VERDE COUNTY COURT AT LAW PROVISIONS.

  229. Tex. Government Code Sec. 25.2361. VAN ZANDT COUNTY. Van Zandt County has one statutory county court, the County Court at Law of Van Zandt County.

  230. Tex. Government Code Sec. 25.2362. VAN ZANDT COUNTY COURT AT LAW PROVISIONS.

  231. Tex. Government Code Sec. 25.2371. VICTORIA COUNTY. Victoria County has the following statutory county courts:

  232. Tex. Government Code Sec. 25.2372. VICTORIA COUNTY COURT AT LAW PROVISIONS.

  233. Tex. Government Code Sec. 25.2381. WALKER COUNTY.

  234. Tex. Government Code Sec. 25.2382. WALKER COUNTY COURT AT LAW PROVISIONS.

  235. Tex. Government Code Sec. 25.2391. WALLER COUNTY.

  236. Tex. Government Code Sec. 25.2392. WALLER COUNTY COURT AT LAW PROVISIONS.

  237. Tex. Government Code Sec. 25.2411. WASHINGTON COUNTY. Washington County has one statutory county court, the County Court at Law of Washington County.

  238. Tex. Government Code Sec. 25.2412. WASHINGTON COUNTY COURT AT LAW PROVISIONS.

  239. Tex. Government Code Sec. 25.2421. WEBB COUNTY.

  240. Tex. Government Code Sec. 25.2422. WEBB COUNTY COURT AT LAW PROVISIONS.

  241. Tex. Government Code Sec. 25.2451. WICHITA COUNTY. Wichita County has the following statutory county courts:

  242. Tex. Government Code Sec. 25.2452. WICHITA COUNTY COURT AT LAW PROVISIONS.

  243. Tex. Government Code Sec. 25.2461. WILBARGER COUNTY. Wilbarger County has one statutory county court, the County Court at Law of Wilbarger County.

  244. Tex. Government Code Sec. 25.2462. WILBARGER COUNTY COURT AT LAW PROVISIONS.

  245. Tex. Government Code Sec. 25.2481. WILLIAMSON COUNTY. Williamson County has the following statutory county courts:

  246. Tex. Government Code Sec. 25.2482. WILLIAMSON COUNTY COURT AT LAW PROVISIONS.

  247. Tex. Government Code Sec. 25.2491. WILSON COUNTY. Wilson County has one statutory county court, the County Court at Law of Wilson County.

  248. Tex. Government Code Sec. 25.2511. WISE COUNTY.

  249. Tex. Government Code Sec. 25.2512. WISE COUNTY COURT AT LAW PROVISIONS.

  250. Tex. Government Code Sec. 25.2601. APPLICATION OF SUBCHAPTER.

  251. Tex. Government Code Sec. 25.2602. JUDGE.

  252. Tex. Government Code Sec. 25.2603. VACANCY.

  253. Tex. Government Code Sec. 25.2604. PERSONNEL.

  254. Tex. Government Code Sec. 25.2605. SEAL. The seal is the same as that provided by law for a county court except that the seal must contain the name of the court as designated by statute.

  255. Tex. Government Code Sec. 25.2606. GENERAL LAW. Unless this subchapter contains a conflicting provision, the general law relating to county courts and statutory county courts applies.

  256. Tex. Government Code Sec. 25.2607. DESIGNATION OF ADMINISTRATIVE COUNTY FOR MULTICOUNTY STATUTORY COUNTY COURTS.

  257. Tex. Government Code Sec. 25.2651. APPLICATION OF SUBCHAPTER.

  258. Tex. Government Code Sec. 25.2652. JUDGE.

  259. Tex. Government Code Sec. 25.2653. VACANCY.

  260. Tex. Government Code Sec. 25.2654. PERSONNEL.

  261. Tex. Government Code Sec. 25.2655. SEAL. The seal is the same as that provided by law for a statutory probate court except that the seal must contain the name of the court as designated by statute.

  262. Tex. Government Code Sec. 25.2656. GENERAL LAW. Unless this subchapter contains a conflicting provision, the general law relating to statutory probate courts applies.

  263. Tex. Government Code Sec. 25.2701. 1ST MULTICOUNTY COURT AT LAW (FISHER, MITCHELL, AND NOLAN COUNTIES). Fisher, Mitchell, and Nolan Counties have a multicounty statutory county court composed of those counties, the 1st Multicounty Court at Law.

  264. Tex. Government Code Sec. 25.2702. 1ST MULTICOUNTY COURT AT LAW PROVISIONS.

  265. Tex. Government Code Sec. 25.2703. 2ND MULTICOUNTY COURT AT LAW (BEE, LIVE OAK, AND MCMULLEN COUNTIES). Bee, Live Oak, and McMullen Counties have a multicounty statutory county court composed of those counties, the 2nd Multicounty Court at Law.

  266. Tex. Government Code Sec. 25.2704. 2ND MULTICOUNTY COURT AT LAW PROVISIONS.

Chapter 26

  1. Tex. Government Code Sec. 26.001. BOND.

  2. Tex. Government Code Sec. 26.002. TERMS; TERMS AND SESSIONS OF COURT FOLLOWING CERTAIN DISASTERS.

  3. Tex. Government Code Sec. 26.003. ADJOURNMENT OF COURT BY SHERIFF OR CONSTABLE. If the county judge fails to appear at the time appointed for holding court and a visiting judge is not appointed, the sheriff shall adjourn the court from day to day for three days. If the sheriff fails to adjourn the court, a constable shall do so. If the judge does not appear on the fourth day and no visiting judge is appointed, the sheriff or constable shall adjourn the court until the next regular term.

  4. Tex. Government Code Sec. 26.004. MINUTES OF COURT.

  5. Tex. Government Code Sec. 26.005. SEAL.

  6. Tex. Government Code Sec. 26.006. SALARY SUPPLEMENT FROM STATE FOR CERTAIN COUNTY JUDGES.

  7. Tex. Government Code Sec. 26.009. LOCATION OF PROCEEDINGS FOLLOWING CERTAIN DISASTERS.

  8. Tex. Government Code Sec. 26.010. APPOINTMENT OF COUNSEL IN CERTAIN APPEALS.

  9. Tex. Government Code Sec. 26.011. ASSIGNMENT OF VISITING JUDGE. If a county judge is absent, incapacitated, or disqualified in a civil or criminal case, the presiding judge shall appoint a visiting judge to hear the case in accordance with Subchapter C, Chapter 74.

  10. Tex. Government Code Sec. 26.012. ASSIGNMENT OF VISITING JUDGE FOR PROBATE, GUARDIANSHIP, AND MENTAL HEALTH MATTERS.

  11. Tex. Government Code Sec. 26.015. VISITING JUDGE TO TAKE OATH. In addition to any oath previously taken, a person appointed as a visiting judge of a constitutional county court, including a person who is a retired, former, or active judge, shall take the oath of office required by the constitution.

  12. Tex. Government Code Sec. 26.016. RECORD. When a visiting judge is appointed, the clerk shall enter in the minutes as a part of the proceedings in the cause a record that gives the visiting judge's name and shows that:

  13. Tex. Government Code Sec. 26.017. APPOINTMENT OF ACTING COUNTY JUDGE.

  14. Tex. Government Code Sec. 26.020. DEFINITION. In this subchapter, "former constitutional county judge" means a person who:

  15. Tex. Government Code Sec. 26.021. APPLICATION OF SUBCHAPTER. This subchapter applies only to a county in which:

  16. Tex. Government Code Sec. 26.022. APPOINTMENT FOR PARTICULAR MATTERS.

  17. Tex. Government Code Sec. 26.023. APPOINTMENT FOR ABSENCE OF JUDGE.

  18. Tex. Government Code Sec. 26.024. APPOINTMENT TO SHARE BENCH.

  19. Tex. Government Code Sec. 26.026. COMPENSATION OF VISITING JUDGE. A visiting judge appointed under this subchapter is entitled to compensation from the commissioners court for each day the judge sits as visiting judge at the rate according to law.

  20. Tex. Government Code Sec. 26.027. NO ADMINISTRATIVE POWERS. A visiting judge appointed under this subchapter does not have the powers of the county judge as a member and presiding officer of the commissioners court or the powers of the county judge relating to the general administration of county business.

  21. Tex. Government Code Sec. 26.028. ATTORNEY RECOMMENDATIONS. The county judge shall consider the recommendations of attorneys of the court as to the implementation of this subchapter and the accomplishment of its purposes.

  22. Tex. Government Code Sec. 26.041. GENERAL JURISDICTION; CHANGES. A county court has the jurisdiction conferred by this subchapter and other law.

  23. Tex. Government Code Sec. 26.042. CIVIL JURISDICTION; JUVENILE JURISDICTION.

  24. Tex. Government Code Sec. 26.043. CIVIL MATTERS IN WHICH COUNTY COURT IS WITHOUT JURISDICTION. A county court does not have jurisdiction in:

  25. Tex. Government Code Sec. 26.044. CERTIORARI JURISDICTION. A county court has jurisdiction in cases brought from justice court by certiorari.

  26. Tex. Government Code Sec. 26.045. ORIGINAL CRIMINAL JURISDICTION.

  27. Tex. Government Code Sec. 26.046. APPELLATE CRIMINAL JURISDICTION. A county court has appellate jurisdiction in criminal cases of which justice courts and other inferior courts have original jurisdiction.

  28. Tex. Government Code Sec. 26.047. HABEAS CORPUS.

  29. Tex. Government Code Sec. 26.048. MOTIONS AGAINST COURT OFFICERS. A county court may hear and determine any motion against the sheriff or another officer of the court for failure to pay money collected under process of the court or for other defalcation of duty in connection with a process of the court.

  30. Tex. Government Code Sec. 26.049. APPOINTMENT OF COUNSEL. The county judge may appoint counsel to represent a party who makes an affidavit that he is too poor to employ counsel.

  31. Tex. Government Code Sec. 26.050. POWERS OF LAW AND EQUITY. Subject to the limitations stated in this chapter and in the constitution, a county court may hear and determine any cause in law or equity that a court of law or equity recognizes and may grant any relief that may be granted by a court of law or equity.

  32. Tex. Government Code Sec. 26.051. WRIT POWER. A county judge, in either term time or vacation, may grant writs of mandamus, injunction, sequestration, attachment, garnishment, certiorari, and supersedeas and all other writs necessary to the enforcement of the court's jurisdiction.

  33. Tex. Government Code Sec. 26.052. PROBATE AND MENTAL HEALTH CODE CASES.

  34. Tex. Government Code Sec. 26.103. ANGELINA COUNTY.

  35. Tex. Government Code Sec. 26.104. ARANSAS COUNTY. The County Court of Aransas County has no probate, juvenile, civil, or criminal jurisdiction.

  36. Tex. Government Code Sec. 26.106. ARMSTRONG COUNTY. In addition to other jurisdiction provided by law, the County Court of Armstrong County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  37. Tex. Government Code Sec. 26.107. ATASCOSA COUNTY. In addition to other jurisdiction provided by law, the County Court of Atascosa County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  38. Tex. Government Code Sec. 26.109. BAILEY COUNTY. In addition to other jurisdiction provided by law, the County Court of Bailey County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  39. Tex. Government Code Sec. 26.111. BASTROP COUNTY.

  40. Tex. Government Code Sec. 26.112. BAYLOR COUNTY. The County Court of Baylor County has the general jurisdiction of a probate court, the general criminal jurisdiction of a county court, and jurisdiction over cases and proceedings involving protective orders but has no other civil jurisdiction.

  41. Tex. Government Code Sec. 26.113. BEE COUNTY. In addition to other jurisdiction provided by law, the County Court of Bee County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  42. Tex. Government Code Sec. 26.115. BEXAR COUNTY. The County Court of Bexar County has the general jurisdiction of a probate court and of a juvenile court as provided by Section 26.042(b) but has no other civil or criminal jurisdiction.

  43. Tex. Government Code Sec. 26.116. BLANCO COUNTY.

  44. Tex. Government Code Sec. 26.119. BOWIE COUNTY. The County Court of Bowie County has the general jurisdiction of a probate court and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil or criminal jurisdiction.

  45. Tex. Government Code Sec. 26.122. BREWSTER COUNTY.

  46. Tex. Government Code Sec. 26.126. BURLESON COUNTY. In addition to other jurisdiction provided by law, the County Court of Burleson County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  47. Tex. Government Code Sec. 26.131. CAMERON COUNTY. The County Court of Cameron County has the general jurisdiction of a probate court but has no other civil or criminal jurisdiction.

  48. Tex. Government Code Sec. 26.134. CASS COUNTY. The County Court of Cass County has the general jurisdiction of a probate court but has no other civil or criminal jurisdiction except juvenile jurisdiction as provided by Section 26.042(b) and criminal jurisdiction to receive and enter guilty pleas in misdemeanor cases.

  49. Tex. Government Code Sec. 26.135. CASTRO COUNTY.

  50. Tex. Government Code Sec. 26.140. COCHRAN COUNTY. In addition to other jurisdiction provided by law, the County Court of Cochran County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  51. Tex. Government Code Sec. 26.143. COLLIN COUNTY. The County Court of Collin County has the general jurisdiction of a probate court but has no other civil or criminal jurisdiction.

  52. Tex. Government Code Sec. 26.144. COLLINGSWORTH COUNTY. In addition to other jurisdiction provided by law, the County Court of Collingsworth County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  53. Tex. Government Code Sec. 26.145. COLORADO COUNTY. In addition to other jurisdiction provided by law, the County Court of Colorado County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  54. Tex. Government Code Sec. 26.146. COMAL COUNTY. The County Court of Comal County has the general jurisdiction of a probate court and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil or criminal jurisdiction.

  55. Tex. Government Code Sec. 26.149. COOKE COUNTY.

  56. Tex. Government Code Sec. 26.151. COTTLE COUNTY. The County Court of Cottle County has the general jurisdiction of a probate court, the general criminal jurisdiction of a county court, and jurisdiction over cases and proceedings involving protective orders but has no other civil jurisdiction.

  57. Tex. Government Code Sec. 26.154. CROSBY COUNTY. In addition to other jurisdiction provided by law, the County Court of Crosby County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  58. Tex. Government Code Sec. 26.157. DALLAS COUNTY. The County Court of Dallas County has no appellate criminal jurisdiction.

  59. Tex. Government Code Sec. 26.158. DAWSON COUNTY. In addition to other jurisdiction provided by law, the County Court of Dawson County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  60. Tex. Government Code Sec. 26.159. DEAF SMITH COUNTY. In addition to other jurisdiction provided by law, the County Court of Deaf Smith County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  61. Tex. Government Code Sec. 26.161. DENTON COUNTY. The County Court of Denton County has no probate, juvenile, civil, or criminal jurisdiction.

  62. Tex. Government Code Sec. 26.163. DICKENS COUNTY. In addition to other jurisdiction provided by law, the County Court of Dickens County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  63. Tex. Government Code Sec. 26.164. DIMMIT COUNTY.

  64. Tex. Government Code Sec. 26.167. EASTLAND COUNTY. The County Court of Eastland County has the general jurisdiction of a probate court but has no other civil jurisdiction except juvenile jurisdiction as provided by Section 26.042(b) and concurrent with the district court the criminal jurisdiction of a county court.

  65. Tex. Government Code Sec. 26.169. EDWARDS COUNTY.

  66. Tex. Government Code Sec. 26.171. EL PASO COUNTY. The County Court of El Paso County has the general jurisdiction of a probate court and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil or criminal jurisdiction.

  67. Tex. Government Code Sec. 26.173. FALLS COUNTY. The County Court of Falls County has:

  68. Tex. Government Code Sec. 26.175. FAYETTE COUNTY. In addition to other jurisdiction provided by law, the County Court of Fayette County has the following jurisdiction concurrent with the district court if the county judge is licensed to practice law in this state and practiced law for at least two years before his appointment or election:

  69. Tex. Government Code Sec. 26.176. FISHER COUNTY. In addition to other jurisdiction provided by law, the County Court of Fisher County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  70. Tex. Government Code Sec. 26.180. FRANKLIN COUNTY.

  71. Tex. Government Code Sec. 26.183. GAINES COUNTY. In addition to other jurisdiction provided by law, the County Court of Gaines County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  72. Tex. Government Code Sec. 26.185. GARZA COUNTY. In addition to other jurisdiction provided by law, the County Court of Garza County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  73. Tex. Government Code Sec. 26.186. GILLESPIE COUNTY.

  74. Tex. Government Code Sec. 26.188. GOLIAD COUNTY. In addition to other jurisdiction provided by law, the County Court of Goliad County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  75. Tex. Government Code Sec. 26.189. GONZALES COUNTY. In addition to other jurisdiction provided by law, the County Court of Gonzales County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  76. Tex. Government Code Sec. 26.191. GRAYSON COUNTY. The County Court of Grayson County has the general jurisdiction of a probate court and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil or criminal jurisdiction.

  77. Tex. Government Code Sec. 26.192. GREGG COUNTY.

  78. Tex. Government Code Sec. 26.200. HARDIN COUNTY.

  79. Tex. Government Code Sec. 26.204. HASKELL COUNTY. In addition to other jurisdiction provided by law, the County Court of Haskell County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  80. Tex. Government Code Sec. 26.206. HEMPHILL COUNTY. In addition to other jurisdiction provided by law, the County Court of Hemphill County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  81. Tex. Government Code Sec. 26.208. HIDALGO COUNTY. The County Court of Hidalgo County has the general jurisdiction of a probate court but has no other civil or criminal jurisdiction.

  82. Tex. Government Code Sec. 26.209. HILL COUNTY.

  83. Tex. Government Code Sec. 26.210. HOCKLEY COUNTY. In addition to other jurisdiction provided by law, the County Court of Hockley County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  84. Tex. Government Code Sec. 26.218. IRION COUNTY.

  85. Tex. Government Code Sec. 26.223. JEFFERSON COUNTY.

  86. Tex. Government Code Sec. 26.226. JOHNSON COUNTY. The County Court of Johnson County has:

  87. Tex. Government Code Sec. 26.227. JONES COUNTY. The County Court of Jones County has the general jurisdiction of a probate court and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil or criminal jurisdiction.

  88. Tex. Government Code Sec. 26.228. KARNES COUNTY. In addition to other jurisdiction provided by law, the County Court of Karnes County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  89. Tex. Government Code Sec. 26.232. KENT COUNTY. In addition to other jurisdiction provided by law, the County Court of Kent County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  90. Tex. Government Code Sec. 26.233. KERR COUNTY.

  91. Tex. Government Code Sec. 26.234. KIMBLE COUNTY. In addition to other jurisdiction provided by law, the County Court of Kimble County has original concurrent jurisdiction with the justice courts in all civil and criminal matters in which the justice courts have jurisdiction under general law.

  92. Tex. Government Code Sec. 26.235. KING COUNTY. The County Court of King County has the general jurisdiction of a probate court, the general criminal jurisdiction of a county court, and jurisdiction over cases and proceedings involving protective orders but has no other civil jurisdiction.

  93. Tex. Government Code Sec. 26.238. KNOX COUNTY. The County Court of Knox County has the general jurisdiction of a probate court, the general criminal jurisdiction of a county court, and jurisdiction over cases and proceedings involving protective orders but has no other civil jurisdiction.

  94. Tex. Government Code Sec. 26.240. LAMB COUNTY. In addition to other jurisdiction provided by law, the County Court of Lamb County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  95. Tex. Government Code Sec. 26.241. LAMPASAS COUNTY.

  96. Tex. Government Code Sec. 26.244. LEE COUNTY. In addition to other jurisdiction provided by law, the County Court of Lee County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  97. Tex. Government Code Sec. 26.252. LUBBOCK COUNTY. The County Court of Lubbock County has the general jurisdiction of a probate court and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil or criminal jurisdiction.

  98. Tex. Government Code Sec. 26.253. LYNN COUNTY. In addition to other jurisdiction provided by law, the County Court of Lynn County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  99. Tex. Government Code Sec. 26.256. MCMULLEN COUNTY. In addition to other jurisdiction provided by law, the County Court of McMullen County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  100. Tex. Government Code Sec. 26.258. MARION COUNTY. The County Court of Marion County has the general jurisdiction of a probate court, general criminal jurisdiction, and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil jurisdiction.

  101. Tex. Government Code Sec. 26.260. MASON COUNTY. The County Court of Mason County has:

  102. Tex. Government Code Sec. 26.261. MATAGORDA COUNTY.

  103. Tex. Government Code Sec. 26.264. MENARD COUNTY.

  104. Tex. Government Code Sec. 26.267. MILLS COUNTY. The County Court of Mills County has the general jurisdiction of a probate court, general criminal jurisdiction, and juvenile jurisdiction as provided by Section 26.042(b), but has no other civil jurisdiction.

  105. Tex. Government Code Sec. 26.268. MITCHELL COUNTY. In addition to other jurisdiction provided by law, the County Court of Mitchell County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  106. Tex. Government Code Sec. 26.272. MORRIS COUNTY. The County Court of Morris County has the general jurisdiction of a probate court, general criminal jurisdiction, and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil jurisdiction.

  107. Tex. Government Code Sec. 26.274. NACOGDOCHES COUNTY. The County Court of Nacogdoches County has no probate, criminal, or civil jurisdiction except juvenile jurisdiction as provided by Section 26.042(b).

  108. Tex. Government Code Sec. 26.275. NAVARRO COUNTY. The County Court of Navarro County has the general jurisdiction of a probate court, general criminal jurisdiction, and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil jurisdiction.

  109. Tex. Government Code Sec. 26.278. NUECES COUNTY. The County Court of Nueces County has the general jurisdiction of a probate court but has no other civil or criminal jurisdiction.

  110. Tex. Government Code Sec. 26.280. OLDHAM COUNTY.

  111. Tex. Government Code Sec. 26.285. PARMER COUNTY. In addition to other jurisdiction provided by law, the County Court of Parmer County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  112. Tex. Government Code Sec. 26.291. RANDALL COUNTY. In addition to other jurisdiction provided by law, the County Court of Randall County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  113. Tex. Government Code Sec. 26.292. REAGAN COUNTY. In addition to other jurisdiction provided by law, the County Court of Reagan County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  114. Tex. Government Code Sec. 26.294. RED RIVER COUNTY.

  115. Tex. Government Code Sec. 26.295. REEVES COUNTY. The County Court of Reeves County has juvenile jurisdiction as provided by Section 26.042(b) but has no other probate, criminal, or civil jurisdiction.

  116. Tex. Government Code Sec. 26.298. ROBERTSON COUNTY. The County Court of Robertson County has:

  117. Tex. Government Code Sec. 26.302. SABINE COUNTY.

  118. Tex. Government Code Sec. 26.303. SAN AUGUSTINE COUNTY. The County Court of San Augustine County has the general jurisdiction of a probate court, general criminal jurisdiction, and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil jurisdiction.

  119. Tex. Government Code Sec. 26.307. SCHLEICHER COUNTY. In addition to other jurisdiction provided by law, the County Court of Schleicher County has original concurrent jurisdiction with the justice courts in all civil and criminal matters in which the justice courts have jurisdiction under general law.

  120. Tex. Government Code Sec. 26.308. SCURRY COUNTY. In addition to other jurisdiction provided by law, the County Court of Scurry County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  121. Tex. Government Code Sec. 26.309. SHACKELFORD COUNTY. The County Court of Shackelford County has the general jurisdiction of a probate court and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil or criminal jurisdiction.

  122. Tex. Government Code Sec. 26.314. STARR COUNTY. In addition to other jurisdiction provided by law, the County Court of Starr County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  123. Tex. Government Code Sec. 26.315. STEPHENS COUNTY.

  124. Tex. Government Code Sec. 26.316. STERLING COUNTY. In addition to other jurisdiction provided by law, the County Court of Sterling County has original concurrent jurisdiction with the justice courts in all civil and criminal matters in which the justice courts have jurisdiction under general law.

  125. Tex. Government Code Sec. 26.317. STONEWALL COUNTY.

  126. Tex. Government Code Sec. 26.320. TARRANT COUNTY. The County Court of Tarrant County has the general jurisdiction of a probate court and juvenile jurisdiction as provided by Section 26.042(b) but has no other criminal or civil jurisdiction.

  127. Tex. Government Code Sec. 26.321. TAYLOR COUNTY. The County Court of Taylor County has the general jurisdiction of a probate court and juvenile jurisdiction as provided by Section 26.042(b) but has no other criminal or civil jurisdiction.

  128. Tex. Government Code Sec. 26.323. TERRY COUNTY. In addition to other jurisdiction provided by law, the County Court of Terry County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  129. Tex. Government Code Sec. 26.327. TRAVIS COUNTY. The County Court of Travis County has the general jurisdiction of a probate court but has no other civil or criminal jurisdiction.

  130. Tex. Government Code Sec. 26.328. TRINITY COUNTY.

  131. Tex. Government Code Sec. 26.330. UPSHUR COUNTY.

  132. Tex. Government Code Sec. 26.336. WALKER COUNTY. The County Court of Walker County has the general jurisdiction of a probate court and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil or criminal jurisdiction.

  133. Tex. Government Code Sec. 26.337. WALLER COUNTY. The County Court of Waller County has the general jurisdiction of a probate court but has no other civil or criminal jurisdiction.

  134. Tex. Government Code Sec. 26.339. WASHINGTON COUNTY. The County Court of Washington County has the general jurisdiction of a probate court but has no other civil or criminal jurisdiction.

  135. Tex. Government Code Sec. 26.340. WEBB COUNTY. The County Court of Webb County has the general jurisdiction of a probate court and juvenile jurisdiction as provided by Section 26.042(b) but has no other civil or criminal jurisdiction.

  136. Tex. Government Code Sec. 26.342. WHEELER COUNTY. In addition to other jurisdiction provided by law, the County Court of Wheeler County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  137. Tex. Government Code Sec. 26.343. WICHITA COUNTY.

  138. Tex. Government Code Sec. 26.351. YOAKUM COUNTY. In addition to other jurisdiction provided by law, the County Court of Yoakum County has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction under general law.

  139. Tex. Government Code Sec. 26.353. ZAPATA COUNTY.

Chapter 27

  1. Tex. Government Code Sec. 27.001. BOND. Each justice of the peace must give a bond payable to the county judge, in an amount of not more than $5,000, and conditioned that the justice will:

  2. Tex. Government Code Sec. 27.002. COMMISSION; NOTARY. Each justice of the peace shall be commissioned as justice of the peace of the applicable precinct and ex officio notary public of the county.

  3. Tex. Government Code Sec. 27.003. EFFECT OF PRECINCT BOUNDARY CHANGES. A person who has served as justice of the peace of a precinct for 10 or more consecutive years preceding a change in boundaries of the precinct is not ineligible for reelection in the precinct because of residence outside the precinct as long as the justice's residence is within the boundaries of the precinct as they existed before the change.

  4. Tex. Government Code Sec. 27.004. RECORDS AND OTHER PROPERTY.

  5. Tex. Government Code Sec. 27.005. EDUCATIONAL REQUIREMENTS.

  6. Tex. Government Code Sec. 27.006. COLLECTING DEBT FOR ANOTHER; OFFENSE.

  7. Tex. Government Code Sec. 27.031. JURISDICTION.

  8. Tex. Government Code Sec. 27.032. EXTRAORDINARY REMEDIES. A justice of the peace may issue writs of attachment, garnishment, and sequestration within the justice's jurisdiction in the same manner as judges and clerks of the district and county courts.

  9. Tex. Government Code Sec. 27.033. OTHER POWERS. A justice of the peace may:

  10. Tex. Government Code Sec. 27.034. DEED RESTRICTION JURISDICTION.

  11. Tex. Government Code Sec. 27.051. TERMS OF COURT; PLACE FOR HOLDING COURT.

  12. Tex. Government Code Sec. 27.0515. LOCATION FOR COURT PROCEEDINGS AND TERMS AND SESSIONS OF COURT FOLLOWING CERTAIN DISASTERS.

  13. Tex. Government Code Sec. 27.052. VACANCY OR ABSENCE. If the office of justice of the peace is vacant in a precinct or if the justice is absent or unable or unwilling to perform his duties, the nearest justice in the county may temporarily perform the duties of the office.

  14. Tex. Government Code Sec. 27.054. EXCHANGE OF BENCHES.

  15. Tex. Government Code Sec. 27.0545. EXCHANGE OF BENCHES: INQUESTS.

  16. Tex. Government Code Sec. 27.055. SPECIAL AND TEMPORARY JUSTICES.

  17. Tex. Government Code Sec. 27.056. CLERK.

  18. Tex. Government Code Sec. 27.057. CITATION. A clerk of a justice court may issue citation in the manner provided for justices of the peace by the Texas Rules of Civil Procedure.

  19. Tex. Government Code Sec. 27.058. CIVIL DOCKET. Information in the civil docket of a justice of the peace may be processed and stored by the use of electronic data processing equipment, at the discretion of the justice.

  20. Tex. Government Code Sec. 27.059. JUSTICE OF THE PEACE SEAL.

  21. Tex. Government Code Sec. 27.060. SMALL CLAIMS.

  22. Tex. Government Code Sec. 27.061. RULES OF ADMINISTRATION. The justices of the peace in each county shall, by majority vote, adopt local rules of administration.

Chapter 29

  1. Tex. Government Code Sec. 29.001. DEFINITION. In this chapter, "municipality" means an incorporated city, town, or village.

  2. Tex. Government Code Sec. 29.002. CREATION. A municipal court is created in each municipality. A reference in state law to a "corporation court" means a "municipal court."

  3. Tex. Government Code Sec. 29.003. JURISDICTION.

  4. Tex. Government Code Sec. 29.004. JUDGE.

  5. Tex. Government Code Sec. 29.005. TERM OF OFFICE. The judge of a municipal court serves for a term of office of two years unless the municipality provides for a longer term pursuant to Article XI, Section 11, of the Texas Constitution. A municipal court judge who is not reappointed by the 91st day following the expiration of a term of office shall, absent action by the appointing authority, continue to serve for another term of office beginning on the date the previous term of office expired.

  6. Tex. Government Code Sec. 29.006. TEMPORARY REPLACEMENT IN GENERAL-LAW MUNICIPALITIES. If a municipal judge of a municipality incorporated under the general laws of this state is temporarily unable to act, the governing body may appoint one or more persons meeting the qualifications for the position to sit for the regular municipal judge. The appointee has all powers and duties of the office and is entitled to compensation as set by the governing body.

  7. Tex. Government Code Sec. 29.007. MUNICIPAL COURT PANELS OR DIVISIONS; TEMPORARY JUDGES.

  8. Tex. Government Code Sec. 29.010. CLERK.

  9. Tex. Government Code Sec. 29.011. VACANCY. The governing body of the municipality shall by appointment fill a vacancy in the office of municipal judge or clerk for the remainder of the unexpired term of office only.

  10. Tex. Government Code Sec. 29.013. REPORT TO TEXAS JUDICIAL COUNCIL.

  11. Tex. Government Code Sec. 29.014. COURT SECURITY COMMITTEE.

  12. Tex. Government Code Sec. 29.015. LOCATION FOR COURT PROCEEDINGS AND TERMS AND SESSIONS OF COURT FOLLOWING CERTAIN DISASTERS.

  13. Tex. Government Code Sec. 29.051. DEFINITIONS. In this chapter:

  14. Tex. Government Code Sec. 29.052. MOTION FOR RECUSAL OR DISQUALIFICATION.

  15. Tex. Government Code Sec. 29.053. NOTICE. A party filing a motion for recusal or disqualification under this subchapter shall serve on all other parties or their counsel:

  16. Tex. Government Code Sec. 29.054. STATEMENT OPPOSING OR CONCURRING WITH MOTION. A party may file with the clerk of the court a statement opposing or concurring with a motion for recusal or disqualification at any time before the motion is heard.

  17. Tex. Government Code Sec. 29.055. PROCEDURE FOLLOWING FILING OF MOTION; RECUSAL OR DISQUALIFICATION WITHOUT MOTION.

  18. Tex. Government Code Sec. 29.056. HEARING ON MOTION.

  19. Tex. Government Code Sec. 29.057. PROCEDURE FOLLOWING GRANTING OF MOTION.

  20. Tex. Government Code Sec. 29.058. APPEAL.

  21. Tex. Government Code Sec. 29.059. CONTEMPT. If a party files a motion to recuse or disqualify under this subchapter and it is determined by the judge hearing the motion, at the hearing and on motion of the opposing party, that the motion to recuse or disqualify is brought solely for the purpose of delay and without sufficient cause, the judge may in the interest of justice find the party filing the motion in contempt under Section 21.002(c).

  22. Tex. Government Code Sec. 29.060. COMPENSATION.

  23. Tex. Government Code Sec. 29.101. MUNICIPALITY OF MORE THAN 250,000.

  24. Tex. Government Code Sec. 29.102. MUNICIPALITY OF 130,001 TO 285,000.

  25. Tex. Government Code Sec. 29.103. MUNICIPAL COURTS IN EL PASO.

  26. Tex. Government Code Sec. 29.104. MUNICIPAL COURT PROCEEDINGS OUTSIDE CORPORATE LIMITS. The municipal court of a municipality with a population of 3,500 or less may conduct its proceedings within the corporate limits of a contiguous incorporated municipality.

  27. Tex. Government Code Sec. 29.105. MUNICIPAL COURT PROCEEDINGS IN MUNICIPALITY PARTICIPATING IN POLICE DEPARTMENT CONTRACT. A municipality that contracts with one or more municipalities for the operation of a joint police department may conduct its municipal court proceedings within the municipal limits of any municipality that is a party to the contract.

Chapter 30

  1. Tex. Government Code Sec. 30.00001. SHORT TITLE; APPLICATION.

  2. Tex. Government Code Sec. 30.00002. DEFINITIONS. In this subchapter:

  3. Tex. Government Code Sec. 30.00003. CREATION OF MUNICIPAL COURTS OF RECORD.

  4. Tex. Government Code Sec. 30.00004. ABOLITION OF COURT. If the governing body of the city finds that a municipal court of record is unnecessary, the governing body shall by ordinance declare the office of the municipal judge vacant at the end of the term for which the judge was last selected. Any cases then pending shall be transferred to a court with proper jurisdiction of the offense.

  5. Tex. Government Code Sec. 30.00005. JURISDICTION.

  6. Tex. Government Code Sec. 30.00006. JUDGE.

  7. Tex. Government Code Sec. 30.00007. PRESIDING JUDGE.

  8. Tex. Government Code Sec. 30.00008. VACANCIES: TEMPORARY REPLACEMENT.

  9. Tex. Government Code Sec. 30.000085. REMOVAL OF JUDGE. A municipal judge of a general law municipality may be removed from office at any time for the reasons stated and by the procedure provided for the removal of members of a municipal governing body in Subchapter B, Chapter 21, Local Government Code. A municipal judge of a home-rule municipality may be removed from office by the governing body for the reasons stated and by the procedures provided for the removal of judges in the charter of the municipality or, if the charter does not provide for the removal of judges, as provided by Section 1-a, Article V, Texas Constitution, or by the procedure provided for the removal of members of a municipal governing body in Subchapter B, Chapter 21, Local Government Code.

  10. Tex. Government Code Sec. 30.00009. CLERK; OTHER PERSONNEL.

  11. Tex. Government Code Sec. 30.00010. COURT REPORTER.

  12. Tex. Government Code Sec. 30.00011. PROSECUTIONS. All prosecutions in municipal courts of record shall be conducted as provided by Article 45A.005, Code of Criminal Procedure.

  13. Tex. Government Code Sec. 30.00012. COURT FACILITIES. The governing body shall provide courtrooms, jury rooms, offices, office furniture, libraries, law books, and other facilities and supplies that the governing body determines are necessary for the proper operation of the municipal courts of record.

  14. Tex. Government Code Sec. 30.000123. LOCATION OF COURT PROCEEDINGS AND TERMS AND SESSIONS OF COURT FOLLOWING CERTAIN DISASTERS.

  15. Tex. Government Code Sec. 30.000125. SEAL.

  16. Tex. Government Code Sec. 30.000126. COMPLAINT; PLEADING. Complaints and pleadings must substantially conform to the relevant provisions of Chapters 27 and 45A, Code of Criminal Procedure.

  17. Tex. Government Code Sec. 30.00013. JURY.

  18. Tex. Government Code Sec. 30.00014. APPEAL.

  19. Tex. Government Code Sec. 30.00015. APPEAL BOND.

  20. Tex. Government Code Sec. 30.00016. RECORD ON APPEAL. The record on appeal must substantially conform to the provisions relating to the preparation of a record on appeal in the Texas Rules of Appellate Procedure and the Code of Criminal Procedure.

  21. Tex. Government Code Sec. 30.00017. CLERK'S RECORD. The clerk's record must substantially conform to the provisions relating to the preparation of a clerk's record in the Texas Rules of Appellate Procedure and the Code of Criminal Procedure.

  22. Tex. Government Code Sec. 30.00018. BILLS OF EXCEPTION. Bills of exception must substantially conform to the provisions relating to the preparation of bills of exception in the Texas Rules of Appellate Procedure and the Code of Criminal Procedure.

  23. Tex. Government Code Sec. 30.00019. REPORTER'S RECORD.

  24. Tex. Government Code Sec. 30.00020. TRANSFER OF RECORD.

  25. Tex. Government Code Sec. 30.00021. BRIEF ON APPEAL.

  26. Tex. Government Code Sec. 30.00022. NEW TRIAL. The trial court shall decide from the briefs of the parties whether the appellant should be permitted to withdraw the notice of appeal and be granted a new trial by the court. The court may grant a new trial at any time before the record is filed with the appellate court.

  27. Tex. Government Code Sec. 30.00023. COURT RULES.

  28. Tex. Government Code Sec. 30.00024. DISPOSITION ON APPEAL.

  29. Tex. Government Code Sec. 30.00025. CERTIFICATE OF APPELLATE PROCEEDINGS.

  30. Tex. Government Code Sec. 30.00026. EFFECT OF ORDER OF NEW TRIAL. If the appellate court awards a new trial to the appellant, the case stands as if a new trial had been granted by the municipal court of record.

  31. Tex. Government Code Sec. 30.00027. APPEALS TO COURT OF APPEALS.

  32. Tex. Government Code Sec. 30.00041. APPLICATION; DEFINITION.

  33. Tex. Government Code Sec. 30.00044. JUDGE.

  34. Tex. Government Code Sec. 30.00046. COURT REPORTER.

  35. Tex. Government Code Sec. 30.00049. COMPLAINT; PROSECUTION; PLEADING.

  36. Tex. Government Code Sec. 30.00081. APPLICATION; DEFINITION.

  37. Tex. Government Code Sec. 30.00084. JUDGE.

  38. Tex. Government Code Sec. 30.00085. CLERK; OTHER PERSONNEL.

  39. Tex. Government Code Sec. 30.00086. COURT REPORTER.

  40. Tex. Government Code Sec. 30.00121. SHORT TITLE; APPLICATION.

  41. Tex. Government Code Sec. 30.00122. DEFINITION. In this subchapter, "appellate court" means the El Paso Municipal Court of Appeals.

  42. Tex. Government Code Sec. 30.00123. MARRIAGE CEREMONIES. The judge of the appellate court and each municipal judge may conduct marriage ceremonies in the city.

  43. Tex. Government Code Sec. 30.00128. JUDGE.

  44. Tex. Government Code Sec. 30.00129. COURT CLERK; OTHER PERSONNEL. In addition to satisfying the requirements of Section 30.00009, the governing body of the city shall provide a clerk of the municipal courts of record, deputy clerks, and other municipal court personnel, including at least one bailiff for each court, as necessary for the proper operation of the municipal courts.

  45. Tex. Government Code Sec. 30.00130. COURT REPORTER; USE OF CLERK'S RECORDS.

  46. Tex. Government Code Sec. 30.00136. CONTINUATION OF MUNICIPAL COURT OF APPEALS.

  47. Tex. Government Code Sec. 30.00137. APPELLATE COURT JURISDICTION.

  48. Tex. Government Code Sec. 30.00138. TERM OF COURT. The appellate court may sit for the transaction of business at any time during the year, and each term begins and ends with the calendar year. The appellate court may use the city council chambers or other appropriate location as its courtroom for argument of cases and other court matters.

  49. Tex. Government Code Sec. 30.00139. APPELLATE COURT CLERK. In addition to other duties, the city clerk serves as the appellate court clerk.

  50. Tex. Government Code Sec. 30.00140. APPELLATE COURT JUDGE.

  51. Tex. Government Code Sec. 30.00141. APPELLATE COURT SEAL. The seal of the appellate court is the same as that provided by law for municipal courts of record, except that the seal must contain the words "Municipal Court of Appeals of the City of El Paso," and the seal shall be judicially noticed.

  52. Tex. Government Code Sec. 30.00142. SPECIAL APPELLATE JUDGE.

  53. Tex. Government Code Sec. 30.00143. RULES. The appellate judge may make and publish rules of appellate criminal procedure not inconsistent with this subchapter or other law.

  54. Tex. Government Code Sec. 30.00144. NEW TRIAL.

  55. Tex. Government Code Sec. 30.00145. RIGHT OF APPEAL.

  56. Tex. Government Code Sec. 30.00146. NO DE NOVO APPEALS. An appeal from the municipal court of record may not be taken to a trial de novo in the appellate court.

  57. Tex. Government Code Sec. 30.00147. PERFECTING APPEAL.

  58. Tex. Government Code Sec. 30.00162. DISPOSITION ON APPEAL; PRESUMPTIONS; DECISION.

  59. Tex. Government Code Sec. 30.00164. ALTERNATE APPELLATE PROCEDURE.

  60. Tex. Government Code Sec. 30.00181. APPLICATION; DEFINITION.

  61. Tex. Government Code Sec. 30.00184. JUDGE.

  62. Tex. Government Code Sec. 30.001845. MAGISTRATES.

  63. Tex. Government Code Sec. 30.00185. CLERK; OTHER PERSONNEL.

  64. Tex. Government Code Sec. 30.00186. COURT REPORTER.

  65. Tex. Government Code Sec. 30.00221. APPLICATION; DEFINITION.

  66. Tex. Government Code Sec. 30.00224. JUDGE.

  67. Tex. Government Code Sec. 30.00225. CLERK; OTHER PERSONNEL.

  68. Tex. Government Code Sec. 30.00226. COURT REPORTER.

  69. Tex. Government Code Sec. 30.00229. COMPLAINT; PROSECUTION; PLEADING.

  70. Tex. Government Code Sec. 30.00261. APPLICATION; DEFINITION.

  71. Tex. Government Code Sec. 30.00264. JUDGE.

  72. Tex. Government Code Sec. 30.00265. MAGISTRATES.

  73. Tex. Government Code Sec. 30.00266. CLERK; OTHER PERSONNEL.

  74. Tex. Government Code Sec. 30.00267. COURT REPORTER.

  75. Tex. Government Code Sec. 30.00301. APPLICATION; DEFINITION.

  76. Tex. Government Code Sec. 30.00304. JUDGE.

  77. Tex. Government Code Sec. 30.00305. CLERK.

  78. Tex. Government Code Sec. 30.00306. COURT REPORTER.

  79. Tex. Government Code Sec. 30.00308. CIVIL SERVICE ORDINANCE; VACATION OF COURT.

  80. Tex. Government Code Sec. 30.00310. FILING OF ORIGINAL PAPERS.

  81. Tex. Government Code Sec. 30.00341. APPLICATION; DEFINITION.

  82. Tex. Government Code Sec. 30.00344. JUDGE.

  83. Tex. Government Code Sec. 30.00345. CLERK; OTHER PERSONNEL.

  84. Tex. Government Code Sec. 30.00346. COURT REPORTER.

  85. Tex. Government Code Sec. 30.00381. APPLICATION; DEFINITION.

  86. Tex. Government Code Sec. 30.00384. JUDGE.

  87. Tex. Government Code Sec. 30.00385. CLERK.

  88. Tex. Government Code Sec. 30.00388. CIVIL SERVICE ORDINANCE; VACATION OF COURT.

  89. Tex. Government Code Sec. 30.00421. APPLICATION; DEFINITION.

  90. Tex. Government Code Sec. 30.00426. JUDGE.

  91. Tex. Government Code Sec. 30.00427. CLERK; OTHER PERSONNEL.

  92. Tex. Government Code Sec. 30.00428. COURT REPORTER.

  93. Tex. Government Code Sec. 30.00461. APPLICATION; DEFINITION.

  94. Tex. Government Code Sec. 30.00464. JUDGE.

  95. Tex. Government Code Sec. 30.00465. CLERK; OTHER PERSONNEL.

  96. Tex. Government Code Sec. 30.00466. COURT REPORTER.

  97. Tex. Government Code Sec. 30.00491. APPLICATION; DEFINITION.

  98. Tex. Government Code Sec. 30.00494. JUDGE.

  99. Tex. Government Code Sec. 30.004945. MAGISTRATES.

  100. Tex. Government Code Sec. 30.00495. CLERK; OTHER PERSONNEL.

  101. Tex. Government Code Sec. 30.00496. COURT REPORTER.

  102. Tex. Government Code Sec. 30.00531. APPLICATION; DEFINITION.

  103. Tex. Government Code Sec. 30.00534. JUDGE.

  104. Tex. Government Code Sec. 30.00536. COURT REPORTER. The municipal judge shall appoint the court reporter under Section 30.00010.

  105. Tex. Government Code Sec. 30.00561. APPLICATION; DEFINITION.

  106. Tex. Government Code Sec. 30.00564. JUDGE.

  107. Tex. Government Code Sec. 30.00565. CLERK; OTHER PERSONNEL.

  108. Tex. Government Code Sec. 30.00566. COURT REPORTER.

  109. Tex. Government Code Sec. 30.00601. APPLICATION; DEFINITION.

  110. Tex. Government Code Sec. 30.00604. JUDGE.

  111. Tex. Government Code Sec. 30.00605. CLERK; OTHER PERSONNEL.

  112. Tex. Government Code Sec. 30.00606. COURT REPORTER.

  113. Tex. Government Code Sec. 30.00631. APPLICATION; DEFINITION.

  114. Tex. Government Code Sec. 30.00634. JUDGE.

  115. Tex. Government Code Sec. 30.00635. MAGISTRATES.

  116. Tex. Government Code Sec. 30.00636. CLERK; OTHER PERSONNEL.

  117. Tex. Government Code Sec. 30.00637. COURT REPORTER.

  118. Tex. Government Code Sec. 30.00653. JOINT COURTS: CREATION.

  119. Tex. Government Code Sec. 30.00654. JOINT COURT: JUDGES.

  120. Tex. Government Code Sec. 30.00655. JOINT COURTS: JURISDICTION.

  121. Tex. Government Code Sec. 30.00656. JOINT COURT: PROSECUTING ATTORNEY. A municipality that contracts under Section 30.2503 may provide its own prosecuting attorney or the contracting municipalities may agree on the selection of one or more prosecuting attorneys.

  122. Tex. Government Code Sec. 30.00657. JOINT COURT: APPLICABLE LAW.

  123. Tex. Government Code Sec. 30.00671. APPLICATION; DEFINITION.

  124. Tex. Government Code Sec. 30.00674. JUDGE.

  125. Tex. Government Code Sec. 30.00675. CLERK; OTHER PERSONNEL.

  126. Tex. Government Code Sec. 30.00676. COURT REPORTER.

  127. Tex. Government Code Sec. 30.00701. APPLICATION; DEFINITION.

  128. Tex. Government Code Sec. 30.00704. JUDGE.

  129. Tex. Government Code Sec. 30.00706. COURT REPORTER.

  130. Tex. Government Code Sec. 30.00731. APPLICATION; DEFINITION.

  131. Tex. Government Code Sec. 30.00734. JUDGE.

  132. Tex. Government Code Sec. 30.00736. CLERK; OTHER PERSONNEL.

  133. Tex. Government Code Sec. 30.00771. APPLICATION; DEFINITION.

  134. Tex. Government Code Sec. 30.00774. JUDGE.

  135. Tex. Government Code Sec. 30.00778. CLERK; OTHER PERSONNEL.

  136. Tex. Government Code Sec. 30.00779. RECORDING OF PROCEEDINGS; COURT REPORTER.

  137. Tex. Government Code Sec. 30.007801. PROSECUTION BY CITY ATTORNEY. All prosecutions in a municipal court of record must be conducted by the city attorney or an assistant or deputy city attorney.

  138. Tex. Government Code Sec. 30.007802. COMPLAINT; PLEADING.

  139. Tex. Government Code Sec. 30.007803. JURY.

  140. Tex. Government Code Sec. 30.007804. COURT RULES.

  141. Tex. Government Code Sec. 30.00811. APPLICATION; DEFINITION.

  142. Tex. Government Code Sec. 30.00814. JUDGE.

  143. Tex. Government Code Sec. 30.00818. CLERK; OTHER PERSONNEL.

  144. Tex. Government Code Sec. 30.00851. APPLICATION; DEFINITION.

  145. Tex. Government Code Sec. 30.00854. JUDGE.

  146. Tex. Government Code Sec. 30.00855. CLERK; OTHER PERSONNEL.

  147. Tex. Government Code Sec. 30.00856. COURT REPORTER.

  148. Tex. Government Code Sec. 30.00891. APPLICATION; DEFINITION.

  149. Tex. Government Code Sec. 30.00894. JUDGE.

  150. Tex. Government Code Sec. 30.00895. CLERK.

  151. Tex. Government Code Sec. 30.00896. COURT REPORTER.

  152. Tex. Government Code Sec. 30.00931. APPLICATION; DEFINITION.

  153. Tex. Government Code Sec. 30.00934. JUDGE.

  154. Tex. Government Code Sec. 30.00937. CLERK; OTHER PERSONNEL. The city manager of the city shall provide for the appointment of a municipal court clerk to serve as clerk of the municipal courts of record. The municipal court clerk shall perform the duties prescribed by ordinance and by applicable law and may hire, direct, and remove the personnel authorized in the annual budget for the clerk's office.

  155. Tex. Government Code Sec. 30.00939. COURT REPORTER.

  156. Tex. Government Code Sec. 30.00971. APPLICATION; DEFINITION.

  157. Tex. Government Code Sec. 30.00976. JUDGE.

  158. Tex. Government Code Sec. 30.00977. CLERK. The city manager, with the consent of the governing body of the city, shall appoint a clerk of the municipal courts of record who may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office. The clerk shall perform the duties in accordance with statutes, the city charter, and city ordinances.

  159. Tex. Government Code Sec. 30.00978. COURT REPORTER.

  160. Tex. Government Code Sec. 30.01011. APPLICATION; DEFINITION.

  161. Tex. Government Code Sec. 30.01014. JUDGE.

  162. Tex. Government Code Sec. 30.01015. CLERK; OTHER PERSONNEL.

  163. Tex. Government Code Sec. 30.01016. COURT REPORTER.

  164. Tex. Government Code Sec. 30.01051. APPLICATION; DEFINITION.

  165. Tex. Government Code Sec. 30.01054. JUDGE.

  166. Tex. Government Code Sec. 30.01055. CLERK; OTHER PERSONNEL.

  167. Tex. Government Code Sec. 30.01056. COURT REPORTER.

  168. Tex. Government Code Sec. 30.01091. APPLICATION; DEFINITION.

  169. Tex. Government Code Sec. 30.01096. JUDGE.

  170. Tex. Government Code Sec. 30.010975. AUTOMATIC RESIGNATION. If the municipal judge or an assistant municipal judge announces a candidacy or becomes a candidate in a general, special, or primary election, for any office of profit or trust under the laws of the state or the United States, the announcement or the candidacy constitutes an automatic resignation of the appointment, effective the date of the announcement or candidacy.

  171. Tex. Government Code Sec. 30.01098. CLERK; OTHER PERSONNEL.

  172. Tex. Government Code Sec. 30.01099. COURT REPORTER.

  173. Tex. Government Code Sec. 30.01131. APPLICATION; DEFINITION.

  174. Tex. Government Code Sec. 30.01134. JUDGE.

  175. Tex. Government Code Sec. 30.01135. CLERK; OTHER PERSONNEL.

  176. Tex. Government Code Sec. 30.01136. COURT REPORTER.

  177. Tex. Government Code Sec. 30.01137. MAGISTRATES.

  178. Tex. Government Code Sec. 30.01148. DISPOSITION ON APPEAL.

  179. Tex. Government Code Sec. 30.01171. APPLICATION; DEFINITION.

  180. Tex. Government Code Sec. 30.01174. JUDGE.

  181. Tex. Government Code Sec. 30.01175. CLERK; OTHER PERSONNEL.

  182. Tex. Government Code Sec. 30.01176. COURT REPORTER.

  183. Tex. Government Code Sec. 30.01211. APPLICATION; DEFINITION.

  184. Tex. Government Code Sec. 30.01216. JUDGE.

  185. Tex. Government Code Sec. 30.01218. CLERK; OTHER PERSONNEL.

  186. Tex. Government Code Sec. 30.01219. COURT REPORTER.

  187. Tex. Government Code Sec. 30.01251. APPLICATION; DEFINITION.

  188. Tex. Government Code Sec. 30.01254. JUDGE.

  189. Tex. Government Code Sec. 30.01255. MAGISTRATES.

  190. Tex. Government Code Sec. 30.01256. CLERK; OTHER PERSONNEL.

  191. Tex. Government Code Sec. 30.01257. COURT REPORTER.

  192. Tex. Government Code Sec. 30.01273. JOINT COURTS: CREATION.

  193. Tex. Government Code Sec. 30.01274. JOINT COURT: JUDGES.

  194. Tex. Government Code Sec. 30.01275. JOINT COURTS: JURISDICTION.

  195. Tex. Government Code Sec. 30.01276. JOINT COURT: PROSECUTING ATTORNEY. A municipality that contracts under Section 30.01273 may provide its own prosecuting attorney or the contracting municipalities may agree on the selection of one or more prosecuting attorneys.

  196. Tex. Government Code Sec. 30.01277. JOINT COURT: APPLICABLE LAW.

  197. Tex. Government Code Sec. 30.01321. APPLICATION; DEFINITION.

  198. Tex. Government Code Sec. 30.01326. JUDGE.

  199. Tex. Government Code Sec. 30.01328. CLERK; OTHER PERSONNEL.

  200. Tex. Government Code Sec. 30.01329. COURT REPORTER.

  201. Tex. Government Code Sec. 30.01371. APPLICATION; DEFINITION.

  202. Tex. Government Code Sec. 30.01374. JUDGE.

  203. Tex. Government Code Sec. 30.01375. CLERK; OTHER PERSONNEL. The city secretary shall be, ex officio, the clerk of the municipal court of record and may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office. The clerk or the clerk's deputies shall keep the records of the municipal courts of record, issue process, and generally perform the duties for the courts that a clerk of the county court exercising criminal jurisdiction is required by law to perform for that court. The clerk shall perform the duties in accordance with statutes, the city charter, and city ordinances.

  204. Tex. Government Code Sec. 30.01376. COURT REPORTER.

  205. Tex. Government Code Sec. 30.01401. APPLICATION; DEFINITION.

  206. Tex. Government Code Sec. 30.01406. JUDGE.

  207. Tex. Government Code Sec. 30.01408. CLERK; OTHER PERSONNEL.

  208. Tex. Government Code Sec. 30.01441. APPLICATION; DEFINITION.

  209. Tex. Government Code Sec. 30.01446. JUDGE.

  210. Tex. Government Code Sec. 30.01448. CLERK; OTHER PERSONNEL.

  211. Tex. Government Code Sec. 30.01481. APPLICATION. This subchapter applies to the City of Bullard.

  212. Tex. Government Code Sec. 30.01482. QUALIFICATIONS OF JUDGE.

  213. Tex. Government Code Sec. 30.01511. APPLICATION. This subchapter applies to the City of Tyler.

  214. Tex. Government Code Sec. 30.01512. JUDGE.

  215. Tex. Government Code Sec. 30.01513. CLERK; OTHER PERSONNEL. The city manager shall provide a clerk of the municipal courts of record. The city manager shall provide deputy clerks, warrant officers, and other personnel as needed for the proper operation of the municipal courts of record. The clerk and other court personnel shall perform their duties under the direction and control of the city manager.

  216. Tex. Government Code Sec. 30.01514. COURT REPORTER. The municipal court clerk shall appoint the court reporter.

  217. Tex. Government Code Sec. 30.01515. APPEAL. The County Court of Smith County has jurisdiction over an appeal.

  218. Tex. Government Code Sec. 30.01541. APPLICATION. This subchapter applies to the City of Sansom Park.

  219. Tex. Government Code Sec. 30.01542. MAGISTRATES.

  220. Tex. Government Code Sec. 30.01543. CLERK; OTHER PERSONNEL. The city administrator of the city shall appoint a clerk of the municipal court of record who may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office.

  221. Tex. Government Code Sec. 30.01544. COURT REPORTER. The clerk of the court shall appoint the court reporter.

  222. Tex. Government Code Sec. 30.01545. APPEAL. The county criminal courts of Tarrant County have jurisdiction over an appeal.

  223. Tex. Government Code Sec. 30.01546. JOINT COURTS: CREATION.

  224. Tex. Government Code Sec. 30.01547. JOINT COURT: JUDGES.

  225. Tex. Government Code Sec. 30.01548. JOINT COURTS: JURISDICTION.

  226. Tex. Government Code Sec. 30.01549. JOINT COURT: PROSECUTING ATTORNEY. A municipality that contracts under Section 30.01546 may provide its own prosecuting attorney or the contracting municipalities may agree on the selection of one or more prosecuting attorneys.

  227. Tex. Government Code Sec. 30.01550. JOINT COURT: APPLICABLE LAW.

  228. Tex. Government Code Sec. 30.01591. APPLICATION. This subchapter applies to the City of Farmers Branch.

  229. Tex. Government Code Sec. 30.01592. CREATION. On creation of the initial municipal court of record, the governing body of the city shall determine the method of selecting the judge of a municipal court of record by:

  230. Tex. Government Code Sec. 30.01593. CLERK; OTHER PERSONNEL.

  231. Tex. Government Code Sec. 30.01594. COURT REPORTER. The clerk of the court shall appoint the court reporter.

  232. Tex. Government Code Sec. 30.01595. APPEAL. The county criminal courts of appeal of Dallas County have jurisdiction of appeals from the municipal courts of record.

  233. Tex. Government Code Sec. 30.01631. APPLICATION. This subchapter applies to the City of Hill Country Village.

  234. Tex. Government Code Sec. 30.01632. CLERK; OTHER PERSONNEL. The city secretary shall be, ex officio, the clerk of the municipal court of record and may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office.

  235. Tex. Government Code Sec. 30.01633. COURT REPORTER. The clerk of the court shall appoint the court reporter.

  236. Tex. Government Code Sec. 30.01634. APPEAL. The county courts at law of Bexar County have jurisdiction over an appeal.

  237. Tex. Government Code Sec. 30.01691. APPLICATION. This subchapter applies to the City of Rio Bravo.

  238. Tex. Government Code Sec. 30.01692. CLERK; OTHER PERSONNEL. The city manager or city administrator of the city shall appoint a clerk of the municipal court of record who may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office.

  239. Tex. Government Code Sec. 30.01693. COURT REPORTER. The clerk of the court shall appoint the court reporter.

  240. Tex. Government Code Sec. 30.01694. APPEAL. The county courts at law of Webb County have jurisdiction over an appeal.

  241. Tex. Government Code Sec. 30.01721. APPLICATION. This subchapter applies to the City of Live Oak.

  242. Tex. Government Code Sec. 30.01722. CLERK; OTHER PERSONNEL. The city secretary shall be, ex officio, the clerk of the municipal court of record and may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office.

  243. Tex. Government Code Sec. 30.01723. COURT REPORTER. The clerk of the court shall appoint the court reporter.

  244. Tex. Government Code Sec. 30.01724. APPEAL. The county courts at law of Bexar County have jurisdiction over an appeal.

  245. Tex. Government Code Sec. 30.01751. APPLICATION. This subchapter applies to the Town of Flower Mound.

  246. Tex. Government Code Sec. 30.017515. JUDGE.

  247. Tex. Government Code Sec. 30.01752. COURT REPORTER. The municipal court clerk shall appoint the court reporter. The town manager shall set the compensation of the court reporter.

  248. Tex. Government Code Sec. 30.01753. APPEAL. The appropriate county court of Denton County having jurisdiction over appeals from municipal courts shall have jurisdiction over any appeal.

  249. Tex. Government Code Sec. 30.01781. APPLICATION; DEFINITION.

  250. Tex. Government Code Sec. 30.01811. APPLICATION; DEFINITION.

  251. Tex. Government Code Sec. 30.01821. APPLICATION. This subchapter applies to the city of Laredo.

  252. Tex. Government Code Sec. 30.01822. JUDGE.

  253. Tex. Government Code Sec. 30.01823. CLERK; OTHER PERSONNEL.

  254. Tex. Government Code Sec. 30.01881. APPLICATION. This subchapter applies to the City of Bedford.

  255. Tex. Government Code Sec. 30.01882. JUDGE. The governing body of the city may determine by ordinance whether a municipal judge is appointed by the governing body or elected by the qualified voters of the city by a majority vote. A municipal judge serves for a term of three years.

  256. Tex. Government Code Sec. 30.01891. APPLICATION; DEFINITIONS.

  257. Tex. Government Code Sec. 30.01892. JUDGE. Sections 30.00007(b)(1), (2), (3), and

  258. Tex. Government Code Sec. 30.01893. COURT RULES. The presiding judge shall adopt rules not inconsistent with this subchapter or other law for the municipal courts of record to provide efficiency, uniformity, and fairness in the conduct of the business of the courts. The rules may:

  259. Tex. Government Code Sec. 30.01894. MUNICIPAL COURT ADMINISTRATOR; OTHER PERSONNEL.

  260. Tex. Government Code Sec. 30.01895. COURT REPORTER. The municipal court administrator shall appoint the court reporter under Section 30.00010.

  261. Tex. Government Code Sec. 30.01901. APPLICATION; DEFINITIONS.

  262. Tex. Government Code Sec. 30.01902. JUDGE. Sections 30.00007(b)(1), (2), (3), and

  263. Tex. Government Code Sec. 30.01903. MUNICIPAL COURT DIRECTOR; OTHER PERSONNEL.

  264. Tex. Government Code Sec. 30.01904. COURT REPORTER. The municipal court director shall appoint the court reporter under Section 30.00010.

  265. Tex. Government Code Sec. 30.01911. APPLICABILITY. This subchapter applies to the city of Canyon.

  266. Tex. Government Code Sec. 30.01912. JUDGE. A municipal judge for the city of Canyon is not required to be a resident of the city.

Chapter 31

  1. Tex. Government Code Sec. 31.001. AUTHORITY FOR COUNTY PAYMENT OF COMPENSATION. The commissioners courts in the counties of each of the 15 courts of appeals districts may pay additional compensation in an amount that does not exceed the limitations of Section 659.012 to each of the justices of the courts of appeals, other than a justice of the Court of Appeals of the Fifteenth Court of Appeals District, residing within the court of appeals district that includes those counties. The compensation is for all extrajudicial services performed by the justices.

  2. Tex. Government Code Sec. 31.002. COMPENSATION ADDITIONAL. The compensation authorized by Section 31.001 is in addition to the compensation provided by law and paid by the state to the justices of the courts of appeals.

  3. Tex. Government Code Sec. 31.003. LIMITATIONS.

  4. Tex. Government Code Sec. 31.004. EQUAL INSTALLMENTS. The compensation authorized by this chapter shall be paid in:

Chapter 32

  1. Tex. Government Code Sec. 32.001. AUTHORITY FOR ADDITIONAL COMPENSATION.

  2. Tex. Government Code Sec. 32.302. SALARY OF SPECIAL JUDGES.

  3. Tex. Government Code Sec. 32.303. AUTOMOBILE ALLOWANCE. A commissioners court may pay the judges of the district courts in the county an automobile allowance in an amount set by the commissioners court for automobile expenses incurred in performing official duties.

Chapter 33

  1. Tex. Government Code Sec. 33.001. DEFINITIONS.

  2. Tex. Government Code Sec. 33.002. COMMISSION.

  3. Tex. Government Code Sec. 33.003. SUNSET PROVISION. The State Commission on Judicial Conduct is subject to review under Chapter 325 (Texas Sunset Act), but is not abolished under that chapter. The commission shall be reviewed during the period in which state agencies abolished in 2029, and every 12th year after that year, are reviewed.

  4. Tex. Government Code Sec. 33.0032. CONFLICT OF INTEREST.

  5. Tex. Government Code Sec. 33.004. COMPENSATION AND EXPENSES OF COMMISSION MEMBERS, SPECIAL MASTERS, AND OTHER EMPLOYEES.

  6. Tex. Government Code Sec. 33.0041. REMOVAL OF COMMISSION MEMBER; NOTIFICATION PROCEDURES. If the executive director has knowledge that a potential ground for removal of a commission member exists, the executive director shall notify the presiding officer of the commission of the potential ground. The presiding officer shall then notify the governor, the supreme court, the state bar, and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the commission, who shall then notify the governor, the supreme court, the state bar, and the attorney general that a potential ground for removal exists.

  7. Tex. Government Code Sec. 33.0042. REQUIREMENTS FOR OFFICE OR EMPLOYMENT: INFORMATION. The executive director or the executive director's designee shall provide to members of the commission and to agency employees, as often as necessary, information regarding the requirements for office or employment under this chapter and Section 1-a, Article V, Texas Constitution, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.

  8. Tex. Government Code Sec. 33.0043. COMMISSION MEMBER TRAINING.

  9. Tex. Government Code Sec. 33.0044. DIVISION OF RESPONSIBILITY. The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the executive director and staff of the commission.

  10. Tex. Government Code Sec. 33.0045. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.

  11. Tex. Government Code Sec. 33.005. ANNUAL REPORT.

  12. Tex. Government Code Sec. 33.0055. PUBLIC MEETING.

  13. Tex. Government Code Sec. 33.006. IMMUNITY FROM LIABILITY.

  14. Tex. Government Code Sec. 33.007. DISTRIBUTION OF MATERIALS TO JUDGES AND THE PUBLIC.

  15. Tex. Government Code Sec. 33.008. JUDICIAL MISCONDUCT INFORMATION. The commission shall routinely provide to entities that provide education to judges information relating to judicial misconduct resulting in sanctions or orders of additional education issued by the commission. The commission shall categorize the information by level of judge and type of misconduct.

  16. Tex. Government Code Sec. 33.021. GENERAL POWERS OF COMMISSION. The commission may:

  17. Tex. Government Code Sec. 33.02105. CANDIDATE FOR JUDICIAL OFFICE. The commission may accept complaints, conduct investigations, and take any other action authorized by this chapter or Section 1-a, Article V, Texas Constitution, with respect to a candidate for judicial office who is subject to Subchapter F, Chapter 253, Election Code, in the same manner the commission is authorized to take those actions with respect to a judge.

  18. Tex. Government Code Sec. 33.0211. COMPLAINTS.

  19. Tex. Government Code Sec. 33.02111. STATUTE OF LIMITATIONS.

  20. Tex. Government Code Sec. 33.02115. FALSE COMPLAINT; ADMINISTRATIVE PENALTY.

  21. Tex. Government Code Sec. 33.0212. REPORT AND RECOMMENDATIONS ON FILED COMPLAINTS.

  22. Tex. Government Code Sec. 33.0213. NOTIFICATION OF LAW ENFORCEMENT AGENCY INVESTIGATION. On notice by any law enforcement agency investigating an action for which a complaint has been filed with the commission, the commission:

  23. Tex. Government Code Sec. 33.022. INVESTIGATIONS AND FORMAL PROCEEDINGS.

  24. Tex. Government Code Sec. 33.023. SUBSTANCE ABUSE; PHYSICAL OR MENTAL INCAPACITY OF JUDGE; SUSPENSION.

  25. Tex. Government Code Sec. 33.024. OATHS AND SUBPOENAS. In conducting an investigation, formal proceedings, or proceedings before a special court of review, a commission member, special master, or member of a special court of review may:

  26. Tex. Government Code Sec. 33.025. ENFORCEMENT OF SUBPOENA.

  27. Tex. Government Code Sec. 33.026. WITNESS IMMUNITY.

  28. Tex. Government Code Sec. 33.027. DISCOVERY.

  29. Tex. Government Code Sec. 33.028. PROCESS AND ORDERS.

  30. Tex. Government Code Sec. 33.029. WITNESSES' EXPENSES. A witness called to testify by the commission other than an officer or employee of the state or a political subdivision or court of the state is entitled to the same mileage expenses and per diem as a witness before a state grand jury. The commission shall pay these amounts from its appropriated funds.

  31. Tex. Government Code Sec. 33.030. ASSISTANCE TO COMMISSION, SPECIAL MASTER, OR SPECIAL COURT OF REVIEW.

  32. Tex. Government Code Sec. 33.031. NO AWARD OF COSTS. Court costs or attorney's fees may not be awarded in a proceeding under this chapter.

  33. Tex. Government Code Sec. 33.032. CONFIDENTIALITY OF PAPERS, RECORDS, AND PROCEEDINGS.

  34. Tex. Government Code Sec. 33.0321. CONFIDENTIALITY OF COMPLAINANT'S IDENTITY. On the request of a complainant, the commission may keep the complainant's identity confidential.

  35. Tex. Government Code Sec. 33.0322. CONFIDENTIAL INFORMATION PROVIDED TO SUNSET ADVISORY COMMISSION.

  36. Tex. Government Code Sec. 33.033. NOTIFICATION TO COMPLAINANT.

  37. Tex. Government Code Sec. 33.034. REVIEW OF COMMISSION DECISION.

  38. Tex. Government Code Sec. 33.035. RECONSIDERATION OF COMPLAINT.

  39. Tex. Government Code Sec. 33.036. CERTAIN DISCLOSURE OF INFORMATION.

  40. Tex. Government Code Sec. 33.037. SUSPENSION FROM OFFICE.

  41. Tex. Government Code Sec. 33.038. AUTOMATIC REMOVAL. A judge is automatically removed from the judge's office if the judge is convicted of or is granted deferred adjudication for:

  42. Tex. Government Code Sec. 33.039. REVIEW OF COMMISSION OPERATIONS AND PROCEDURAL RULES. The commission periodically as the commission determines appropriate shall:

  43. Tex. Government Code Sec. 33.040. ANNUAL REPORT. Not later than September 1 of each year, the commission shall prepare and submit to the legislature a report of:

  44. Tex. Government Code Sec. 33.041. JUDICIAL DIRECTORY; NOTICE.

  45. Tex. Government Code Sec. 33.051. SOLICITATION OR ACCEPTANCE OF REFERRAL FEES OR GIFTS BY JUDGE; CRIMINAL PENALTY.

Chapter 34

  1. Tex. Government Code Sec. 34.001. CANDIDATE SUBJECT TO CODE.

  2. Tex. Government Code Sec. 34.002. JUDGE. A candidate who is a judge subject to the authority of the State Commission on Judicial Conduct who violates the Code of Judicial Conduct is subject to sanctions by the commission.

  3. Tex. Government Code Sec. 34.003. ATTORNEY. A candidate who is an attorney and who violates Canon 7, Code of Judicial Conduct, or any other relevant provision of that code is subject to sanctions by the state bar.

  4. Tex. Government Code Sec. 34.004. OTHER CANDIDATE. A candidate other than a judge under Section 34.002 or an attorney under Section 34.003 who violates Canon 7, Code of Judicial Conduct, or any other relevant provision of that code is subject to review by the attorney general or the local district attorney for appropriate disciplinary action.

Chapter 35

  1. Tex. Government Code Sec. 35.001. DEFINITION. In this chapter, "commission" means the Judicial Compensation Commission.

  2. Tex. Government Code Sec. 35.002. MEMBERSHIP; TERMS.

  3. Tex. Government Code Sec. 35.003. VACANCY. In the event of a vacancy, the governor shall appoint a replacement to fill the unexpired portion of the term.

  4. Tex. Government Code Sec. 35.004. PRESIDING OFFICER. The governor shall designate a member of the commission as the presiding officer of the commission to serve in that capacity at the will of the governor. The presiding officer may vote on all matters before the commission.

  5. Tex. Government Code Sec. 35.005. QUALIFICATIONS.

  6. Tex. Government Code Sec. 35.006. REMOVAL.

  7. Tex. Government Code Sec. 35.007. ADMINISTRATIVE SUPPORT.

  8. Tex. Government Code Sec. 35.008. COMPENSATION AND REIMBURSEMENT.

  9. Tex. Government Code Sec. 35.101. MEETINGS. The commission shall meet at the call of the presiding officer or at the request of a majority of the members.

  10. Tex. Government Code Sec. 35.102. BIENNIAL REPORTS.

Chapter 36

  1. Tex. Government Code Sec. 36.001. DEFINITIONS. In this chapter:

  2. Tex. Government Code Sec. 36.002. APPLICABILITY; CONFLICT OF LAW.

  3. Tex. Government Code Sec. 36.003. EXEMPTION. The reporting requirements of Section 36.004 do not apply to:

  4. Tex. Government Code Sec. 36.004. REPORT ON APPOINTMENTS.

  5. Tex. Government Code Sec. 36.005. FAILURE TO REPORT. If a court in this state fails to provide to the clerk of the court the information required for the report submitted under Section 36.004, the court is ineligible for any grant money awarded by this state or a state agency for the next state fiscal biennium.

  6. Tex. Government Code Sec. 36.006. TEXAS JUDICIAL COUNCIL RULES. The Texas Judicial Council shall, as the council considers appropriate, adopt rules to implement this chapter.

Chapter 37

  1. Tex. Government Code Sec. 37.001. APPLICABILITY; CONFLICT OF LAW.

  2. Tex. Government Code Sec. 37.002. EXEMPTION. The appointment requirements of Section 37.004 do not apply to:

  3. Tex. Government Code Sec. 37.003. LISTS OF ATTORNEYS AD LITEM, GUARDIANS AD LITEM, MEDIATORS, AND GUARDIANS.

  4. Tex. Government Code Sec. 37.004. APPOINTMENT OF ATTORNEYS AD LITEM, GUARDIANS AD LITEM, MEDIATORS, AND GUARDIANS; MAINTENANCE OF LISTS.

  5. Tex. Government Code Sec. 37.005. POSTING OF LISTS. A court annually shall post each list established under Section 37.003 at the courthouse of the county in which the court is located and on any Internet website of the court.

Chapter 38

  1. Tex. Government Code Sec. 38.001. ESTABLISHMENT OF TRUST FUNDS.

  2. Tex. Government Code Sec. 38.002. PROCEDURES AND ELIGIBILITY. The governing body of a municipality or the commissioners court of a county shall:

  3. Tex. Government Code Sec. 38.003. USE OF FUNDS IN ACCOUNT.

Chapter 39

  1. Tex. Government Code Sec. 39.001. APPLICABILITY. This chapter applies to a person elected to or holding any of the following judicial offices:

  2. Tex. Government Code Sec. 39.002. JUDICIAL INSTRUCTION REQUIREMENTS.

  3. Tex. Government Code Sec. 39.003. SUSPENSION. The State Commission on Judicial Conduct shall issue an order suspending any judge who fails to meet the education requirements under Section 39.002 until the judge demonstrates compliance with the requirements.

  4. Tex. Government Code Sec. 39.004. REMOVAL FROM OFFICE.

Chapter 41

  1. Tex. Government Code Sec. 41.001. QUALIFICATIONS. A district or county attorney must be a licensed attorney.

  2. Tex. Government Code Sec. 41.002. NOTIFICATION OF ADDRESS. Each district and county attorney shall notify the comptroller of his post office address as soon as practicable after his election and qualification.

  3. Tex. Government Code Sec. 41.003. ADMISSION BY PROSECUTOR. An admission made by a district or county attorney in a suit or action to which the state is a party does not prejudice the rights of the state.

  4. Tex. Government Code Sec. 41.004. ACCEPTANCE OF REWARD.

  5. Tex. Government Code Sec. 41.005. COLLECTION OF MONEY.

  6. Tex. Government Code Sec. 41.006. REPORT TO ATTORNEY GENERAL. At the times and in the form that the attorney general directs, the district and county attorneys shall report to the attorney general the information from their districts and counties that the attorney general desires relating to criminal matters and the interests of the state.

  7. Tex. Government Code Sec. 41.007. OPINIONS TO COUNTY AND PRECINCT OFFICIALS. A district or county attorney, on request, shall give to a county or precinct official of his district or county a written opinion or written advice relating to the official duties of that official.

  8. Tex. Government Code Sec. 41.008. RECORD.

  9. Tex. Government Code Sec. 41.009. PROSECUTION OF OFFICERS ENTRUSTED WITH PUBLIC FUNDS. If a district or county attorney learns that an officer in his district or county who is entrusted with the collection or safekeeping of public funds is neglecting or abusing the trust confided in him or is failing to discharge his duties under the law, the district or county attorney shall institute the proceedings that are necessary to compel the performance of the officer's duties and to preserve and protect the public interest.

  10. Tex. Government Code Sec. 41.010. APPOINTMENT OF INITIAL DISTRICT OR CRIMINAL DISTRICT ATTORNEY. If a new office of district attorney or criminal district attorney is created, the governor shall appoint a person to fill the office until the next general election.

  11. Tex. Government Code Sec. 41.011. PRIVATE PRACTICE IN COUNTY OR DISTRICT OFFICE. A district or county attorney who is not prohibited by law from engaging in the private practice of law may, at the discretion of the commissioners court of a particular county, conduct a private practice of law using the district or county office provided by that county for conducting his official duties.

  12. Tex. Government Code Sec. 41.012. LIABILITY INSURANCE. A county or district attorney may purchase, for himself and for his staff members, liability insurance, or similar coverage from a governmental pool operating under Chapter 119, Local Government Code, or a self-insurance fund or risk retention group operating under Chapter 2259, to insure against claims arising from the performance of his official duties from state or county funds appropriated or allocated for the expenses of his office or from accounts maintained by the county or district attorney, including but not limited to the fund created by charges assessed by the county or district attorney in connection with the collection of "insufficient fund" negotiable instruments.

  13. Tex. Government Code Sec. 41.013. COMPENSATION OF CERTAIN PROSECUTORS.

  14. Tex. Government Code Sec. 41.014. PRO BONO LEGAL SERVICES.

  15. Tex. Government Code Sec. 41.015. CALL TO ACTIVE DUTY NOT VACANCY OR ABSENCE.

  16. Tex. Government Code Sec. 41.101. DEFINITION. In this subchapter, "prosecuting attorney" means a county attorney, district attorney, or criminal district attorney.

  17. Tex. Government Code Sec. 41.102. EMPLOYMENT OF ASSISTANTS AND PERSONNEL.

  18. Tex. Government Code Sec. 41.103. ASSISTANT PROSECUTING ATTORNEYS.

  19. Tex. Government Code Sec. 41.104. BOND. A prosecuting attorney may require his assistant prosecuting attorneys, investigators, and secretaries to have a bond in the amount that the prosecuting attorney sets.

  20. Tex. Government Code Sec. 41.105. REMOVAL. All personnel of a prosecuting attorney's office are subject to removal at the will of the prosecuting attorney.

  21. Tex. Government Code Sec. 41.106. COMPENSATION.

  22. Tex. Government Code Sec. 41.107. EQUIPMENT AND SUPPLIES.

  23. Tex. Government Code Sec. 41.108. GIFTS AND GRANTS. The commissioners court of the county or counties composing a district may accept gifts and grants from any foundation or association for the purpose of financing adequate and effective prosecution programs in the county or district.

  24. Tex. Government Code Sec. 41.109. AUTHORITY OF INVESTIGATOR.

  25. Tex. Government Code Sec. 41.110. TRAINING RELATED TO FAMILY VIOLENCE. The court of criminal appeals shall adopt rules regarding the training of prosecuting attorneys relating to cases involving a charge that a person committed an act of family violence as defined by Section 71.004, Family Code.

  26. Tex. Government Code Sec. 41.111. TRAINING RELATED TO PROSECUTING ATTORNEY'S DUTY TO DISCLOSE EXCULPATORY AND MITIGATING EVIDENCE.

  27. Tex. Government Code Sec. 41.201. ELIGIBLE COUNTIES. This subchapter applies only to:

  28. Tex. Government Code Sec. 41.202. TRANSFER BY COMPTROLLER.

  29. Tex. Government Code Sec. 41.203. AMOUNT OF TRANSFER.

  30. Tex. Government Code Sec. 41.204. APPORTIONMENT BY COMMISSIONERS COURT. The commissioners court of a county receiving money from the state under this subchapter shall apportion the money to the proper officers' salary fund of the county.

  31. Tex. Government Code Sec. 41.251. DEFINITIONS. In this subchapter:

  32. Tex. Government Code Sec. 41.252. LONGEVITY PAY.

  33. Tex. Government Code Sec. 41.253. AMOUNT.

  34. Tex. Government Code Sec. 41.254. LIMITATIONS ON LAW PRACTICE.

  35. Tex. Government Code Sec. 41.255. FUNDING.

  36. Tex. Government Code Sec. 41.256. CHANGE IN STATUS. If an assistant prosecutor ceases being a full-time employee after the first workday of a month but otherwise qualifies for longevity pay, the assistant prosecutor's compensation for that month includes full longevity pay.

  37. Tex. Government Code Sec. 41.257. ACCRUAL OF LIFETIME SERVICE CREDIT.

  38. Tex. Government Code Sec. 41.258. ASSISTANT PROSECUTOR SUPPLEMENT FUND AND FAIR DEFENSE ACCOUNT.

  39. Tex. Government Code Sec. 41.301. DEFINITIONS. In this subchapter:

  40. Tex. Government Code Sec. 41.302. GENERAL FUNCTION OF SPECIAL PROSECUTION UNIT. The special prosecution unit is an independent unit that:

  41. Tex. Government Code Sec. 41.303. BOARD OF DIRECTORS.

  42. Tex. Government Code Sec. 41.304. EXECUTIVE BOARD.

  43. Tex. Government Code Sec. 41.305. OFFICERS.

  44. Tex. Government Code Sec. 41.306. MEMBERSHIP ON BOARD OF DIRECTORS OR EXECUTIVE BOARD NOT A CIVIL OFFICE OF EMOLUMENT. A position on the board of directors or the executive board may not be construed to be a civil office of emolument for any purpose, including those purposes described in Section 40, Article XVI, Texas Constitution.

  45. Tex. Government Code Sec. 41.307. REIMBURSEMENT FOR EXPENSES. A member of the board of directors or executive board is not entitled to compensation for service on the board of directors or executive board, if applicable, but is entitled to be reimbursed for necessary expenses incurred in carrying out the duties and responsibilities of a member of the board of directors and the executive board, if applicable, as provided by the General Appropriations Act.

  46. Tex. Government Code Sec. 41.308. CHIEF OF SPECIAL PROSECUTION UNIT; ADDITIONAL EMPLOYEES. The executive board, on a majority vote, shall employ a person to serve as chief of the unit and additional persons to accomplish the unit's purposes. The board of directors may determine the compensation of the unit's employees.

  47. Tex. Government Code Sec. 41.309. ELECTION OF COUNSELLOR.

  48. Tex. Government Code Sec. 41.310. DUTIES OF COUNSELLOR.

  49. Tex. Government Code Sec. 41.311. PROSECUTION OF CERTAIN OFFENSES. An attorney serving on the unit has the same authority to represent this state in the prosecution of a criminal offense committed by a person civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code, including an offense under Section 841.085, Health and Safety Code, as is conferred on a prosecuting attorney of a court with jurisdiction of the offense.

  50. Tex. Government Code Sec. 41.312. IMMUNITY.

  51. Tex. Government Code Sec. 41.313. ATTORNEY GENERAL REPRESENTATION.

  52. Tex. Government Code Sec. 41.314. RECOVERY OF COURT COSTS AND ATTORNEY'S FEES.

  53. Tex. Government Code Sec. 41.351. DEFINITIONS. In this subchapter:

  54. Tex. Government Code Sec. 41.352. PAYMENT FOR EXTRAORDINARY COSTS OF PROSECUTION. The comptroller shall pay from funds appropriated to the comptroller's judiciary section, from appropriations made specifically for enforcement of this section, reasonable amounts incurred by a prosecuting attorney for extraordinary costs of prosecution of an offense against public administration.

Chapter 42

  1. Tex. Government Code Sec. 42.001. OFFICE; QUALIFICATIONS.

  2. Tex. Government Code Sec. 42.002. OATH; TERM.

  3. Tex. Government Code Sec. 42.003. ASSISTANT STATE PROSECUTING ATTORNEYS. The state prosecuting attorney may appoint one or more assistant state prosecuting attorneys. An assistant state prosecuting attorney has the same duties and serves the same term of office as the state prosecuting attorney.

  4. Tex. Government Code Sec. 42.004. REMOVAL. The court of criminal appeals may remove state prosecuting attorneys from office for good cause.

  5. Tex. Government Code Sec. 42.005. COOPERATION WITH OTHER PROSECUTING ATTORNEYS.

Chapter 43

  1. Tex. Government Code Sec. 43.002. BOND; COUNTY RISK MANAGEMENT POOL.

  2. Tex. Government Code Sec. 43.003. FAILURE TO ATTEND COURT.

  3. Tex. Government Code Sec. 43.004. EXPENSES.

  4. Tex. Government Code Sec. 43.101. 1ST JUDICIAL DISTRICT. The voters of Sabine and San Augustine counties elect a district attorney for the 1st Judicial District who represents the state in that district court only in those counties.

  5. Tex. Government Code Sec. 43.102. 2ND JUDICIAL DISTRICT. The voters of the 2nd Judicial District elect a district attorney.

  6. Tex. Government Code Sec. 43.104. 8TH JUDICIAL DISTRICT. The voters of Delta, Franklin, and Hopkins counties elect a district attorney for the 8th Judicial District who represents the state in that district only in those counties.

  7. Tex. Government Code Sec. 43.105. 9TH JUDICIAL DISTRICT.

  8. Tex. Government Code Sec. 43.107. 18TH JUDICIAL DISTRICT. The voters of the 18th Judicial District elect a district attorney.

  9. Tex. Government Code Sec. 43.108. 21ST JUDICIAL DISTRICT.

  10. Tex. Government Code Sec. 43.110. 23RD JUDICIAL DISTRICT.

  11. Tex. Government Code Sec. 43.111. 24TH JUDICIAL DISTRICT.

  12. Tex. Government Code Sec. 43.113. 26TH JUDICIAL DISTRICT. The voters of the 26th Judicial District elect a district attorney.

  13. Tex. Government Code Sec. 43.114. 27TH JUDICIAL DISTRICT.

  14. Tex. Government Code Sec. 43.115. 29TH JUDICIAL DISTRICT.

  15. Tex. Government Code Sec. 43.117. 31ST JUDICIAL DISTRICT. The voters of the 31st Judicial District elect a district attorney.

  16. Tex. Government Code Sec. 43.118. 32ND JUDICIAL DISTRICT. The voters of the 32nd Judicial District elect a district attorney.

  17. Tex. Government Code Sec. 43.119. 33RD JUDICIAL DISTRICT. The voters of Blanco, Burnet, Llano, and San Saba Counties elect a district attorney for the 33rd and 424th Judicial Districts.

  18. Tex. Government Code Sec. 43.120. 34TH JUDICIAL DISTRICT.

  19. Tex. Government Code Sec. 43.121. 35TH JUDICIAL DISTRICT.

  20. Tex. Government Code Sec. 43.122. 36TH JUDICIAL DISTRICT. The voters of San Patricio County elect a district attorney for the 36th Judicial District who represents the state in that district court only in that county. In addition to exercising the duties and authority conferred on district attorneys by general law, the district attorney represents the state in all criminal cases in the district courts in that county.

  21. Tex. Government Code Sec. 43.123. 38TH JUDICIAL DISTRICT.

  22. Tex. Government Code Sec. 43.124. 39TH JUDICIAL DISTRICT. The voters of the 39th Judicial District elect a district attorney.

  23. Tex. Government Code Sec. 43.1243. 42ND JUDICIAL DISTRICT.

  24. Tex. Government Code Sec. 43.125. 43RD JUDICIAL DISTRICT. The voters of the 43rd Judicial District elect a district attorney who represents the state in all cases before the 43rd and 415th district courts.

  25. Tex. Government Code Sec. 43.126. 46TH JUDICIAL DISTRICT. The voters of the 46th Judicial District elect a district attorney.

  26. Tex. Government Code Sec. 43.127. 47TH JUDICIAL DISTRICT.

  27. Tex. Government Code Sec. 43.128. 49TH JUDICIAL DISTRICT.

  28. Tex. Government Code Sec. 43.129. 50TH JUDICIAL DISTRICT. The voters of the 50th Judicial District elect a district attorney.

  29. Tex. Government Code Sec. 43.130. 51ST JUDICIAL DISTRICT.

  30. Tex. Government Code Sec. 43.131. 52ND JUDICIAL DISTRICT. The voters of the 52nd Judicial District elect a district attorney.

  31. Tex. Government Code Sec. 43.132. 53RD JUDICIAL DISTRICT.

  32. Tex. Government Code Sec. 43.133. 63RD JUDICIAL DISTRICT.

  33. Tex. Government Code Sec. 43.134. 64TH JUDICIAL DISTRICT.

  34. Tex. Government Code Sec. 43.135. 66TH JUDICIAL DISTRICT. The voters of the 66th Judicial District elect a district attorney.

  35. Tex. Government Code Sec. 43.136. 69TH JUDICIAL DISTRICT.

  36. Tex. Government Code Sec. 43.137. 70TH JUDICIAL DISTRICT.

  37. Tex. Government Code Sec. 43.138. 76TH JUDICIAL DISTRICT. The voters of Titus and Camp counties elect a district attorney for the 76th Judicial District who represents the state in all matters pending before the district court in those counties.

  38. Tex. Government Code Sec. 43.139. 79TH JUDICIAL DISTRICT.

  39. Tex. Government Code Sec. 43.140. 81ST JUDICIAL DISTRICT. The voters of the 81st Judicial District elect a district attorney.

  40. Tex. Government Code Sec. 43.141. 83RD JUDICIAL DISTRICT.

  41. Tex. Government Code Sec. 43.142. 84TH JUDICIAL DISTRICT.

  42. Tex. Government Code Sec. 43.143. 85TH JUDICIAL DISTRICT.

  43. Tex. Government Code Sec. 43.144. 88TH JUDICIAL DISTRICT. The voters of Hardin County elect a district attorney for the 88th Judicial District. The district attorney acts as district attorney in Hardin County only.

  44. Tex. Government Code Sec. 43.145. 90TH JUDICIAL DISTRICT. The voters of the 90th Judicial District elect a district attorney.

  45. Tex. Government Code Sec. 43.146. 97TH JUDICIAL DISTRICT.

  46. Tex. Government Code Sec. 43.147. 100TH JUDICIAL DISTRICT. The voters of the 100th Judicial District elect a district attorney.

  47. Tex. Government Code Sec. 43.148. 105TH JUDICIAL DISTRICT.

  48. Tex. Government Code Sec. 43.149. 106TH JUDICIAL DISTRICT. The voters of the 106th Judicial District elect a district attorney.

  49. Tex. Government Code Sec. 43.150. 109TH JUDICIAL DISTRICT. The voters of Crane and Winkler counties elect a district attorney for the 109th Judicial District who represents the state in that district court only in those counties.

  50. Tex. Government Code Sec. 43.151. 110TH JUDICIAL DISTRICT.

  51. Tex. Government Code Sec. 43.152. 112TH JUDICIAL DISTRICT. The voters of the 112th Judicial District elect a district attorney.

  52. Tex. Government Code Sec. 43.153. 118TH JUDICIAL DISTRICT.

  53. Tex. Government Code Sec. 43.154. 119TH JUDICIAL DISTRICT.

  54. Tex. Government Code Sec. 43.155. 123RD JUDICIAL DISTRICT. The voters of Shelby County elect a district attorney for the 123rd Judicial District who represents the state in that district only in that county.

  55. Tex. Government Code Sec. 43.156. 132ND JUDICIAL DISTRICT.

  56. Tex. Government Code Sec. 43.157. 142ND JUDICIAL DISTRICT.

  57. Tex. Government Code Sec. 43.158. 143RD JUDICIAL DISTRICT. The voters of the 143rd Judicial District elect a district attorney.

  58. Tex. Government Code Sec. 43.159. 145TH JUDICIAL DISTRICT.

  59. Tex. Government Code Sec. 43.161. 156TH JUDICIAL DISTRICT. The voters of Bee, Live Oak, and McMullen counties elect a district attorney for the 156th Judicial District who represents the state in that district court only in those counties. In addition to exercising the duties and authority conferred on district attorneys by general law, the district attorney shall also represent the state in all criminal cases in the district courts in those counties.

  60. Tex. Government Code Sec. 43.162. 159TH JUDICIAL DISTRICT.

  61. Tex. Government Code Sec. 43.163. 173RD JUDICIAL DISTRICT.

  62. Tex. Government Code Sec. 43.164. 196TH JUDICIAL DISTRICT. The voters of the 196th Judicial District elect a district attorney.

  63. Tex. Government Code Sec. 43.165. 198TH JUDICIAL DISTRICT.

  64. Tex. Government Code Sec. 43.166. 216TH JUDICIAL DISTRICT. The voters of the 216th Judicial District elect a district attorney.

  65. Tex. Government Code Sec. 43.167. 220TH JUDICIAL DISTRICT. The voters of the 220th Judicial District elect a district attorney.

  66. Tex. Government Code Sec. 43.168. 229TH JUDICIAL DISTRICT. The voters of the 229th Judicial District elect a district attorney.

  67. Tex. Government Code Sec. 43.169. 235TH JUDICIAL DISTRICT. The voters of the 235th Judicial District elect a district attorney.

  68. Tex. Government Code Sec. 43.170. 253RD JUDICIAL DISTRICT.

  69. Tex. Government Code Sec. 43.171. 258TH JUDICIAL DISTRICT.

  70. Tex. Government Code Sec. 43.172. 259TH JUDICIAL DISTRICT. The voters of the 259th Judicial District elect a district attorney. In addition to exercising the duties and authority provided by general law for district attorneys, the district attorney represents the state in all felony cases before the 259th District Court in Jones and Shackelford counties.

  71. Tex. Government Code Sec. 43.173. 266TH JUDICIAL DISTRICT. The voters of the 266th Judicial District elect a district attorney who represents the state in all cases before that district court.

  72. Tex. Government Code Sec. 43.174. 271ST JUDICIAL DISTRICT. The voters of the 271st Judicial District elect a district attorney who represents the state in all cases before that district court.

  73. Tex. Government Code Sec. 43.1742. 273RD JUDICIAL DISTRICT. The voters of Sabine County elect a district attorney for the 273rd Judicial District who represents the state in the district courts in that county.

  74. Tex. Government Code Sec. 43.175. 286TH JUDICIAL DISTRICT. The voters of the 286th Judicial District elect a district attorney who represents the state in all cases before that district court.

  75. Tex. Government Code Sec. 43.176. 287TH JUDICIAL DISTRICT. The voters of the 287th Judicial District elect a district attorney who represents the state in all cases before that district court.

  76. Tex. Government Code Sec. 43.177. 293RD JUDICIAL DISTRICT.

  77. Tex. Government Code Sec. 43.1775. 329TH JUDICIAL DISTRICT.

  78. Tex. Government Code Sec. 43.1777. 344TH JUDICIAL DISTRICT.

  79. Tex. Government Code Sec. 43.178. 349TH JUDICIAL DISTRICT.

  80. Tex. Government Code Sec. 43.179. 355TH JUDICIAL DISTRICT. The voters of the 355th Judicial District elect a district attorney who represents the state in all cases before that district court.

  81. Tex. Government Code Sec. 43.180. HARRIS COUNTY DISTRICT ATTORNEY.

  82. Tex. Government Code Sec. 43.181. 268TH JUDICIAL DISTRICT.

  83. Tex. Government Code Sec. 43.1812. 365TH JUDICIAL DISTRICT. The voters of Dimmit and Zavala Counties elect a district attorney for the 365th Judicial District who represents the state in all civil and criminal matters in the district courts having jurisdiction in those counties.

  84. Tex. Government Code Sec. 43.1815. 369TH JUDICIAL DISTRICT.

  85. Tex. Government Code Sec. 43.182. DISTRICT ATTORNEY FOR KLEBERG AND KENEDY COUNTIES.

  86. Tex. Government Code Sec. 43.183. 506TH JUDICIAL DISTRICT.

  87. Tex. Government Code Sec. 43.184. 452ND JUDICIAL DISTRICT. The voters of the 452nd Judicial District elect a district attorney who represents the state in all matters before that district court.

Chapter 44

  1. Tex. Government Code Sec. 44.001. ELECTION. The voters of each of the following counties elect a criminal district attorney: Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell, Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland, Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo, Jackson, Jasper, Jefferson, Kaufman, Kendall, Lubbock, McLennan, Madison, Medina, Navarro, Newton, Panola, Polk, Randall, Rockwall, San Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker, Waller, Wichita, Wood, and Yoakum.

  2. Tex. Government Code Sec. 44.002. QUALIFICATIONS; BOND; COUNTY RISK MANAGEMENT POOL.

  3. Tex. Government Code Sec. 44.101. ANDERSON COUNTY.

  4. Tex. Government Code Sec. 44.108. AUSTIN COUNTY.

  5. Tex. Government Code Sec. 44.111. BASTROP COUNTY.

  6. Tex. Government Code Sec. 44.115. BEXAR COUNTY.

  7. Tex. Government Code Sec. 44.119. BOWIE COUNTY.

  8. Tex. Government Code Sec. 44.120. BRAZORIA COUNTY.

  9. Tex. Government Code Sec. 44.128. CALDWELL COUNTY.

  10. Tex. Government Code Sec. 44.129. CALHOUN COUNTY.

  11. Tex. Government Code Sec. 44.134. CASS COUNTY.

  12. Tex. Government Code Sec. 44.143. COLLIN COUNTY.

  13. Tex. Government Code Sec. 44.146. COMAL COUNTY.

  14. Tex. Government Code Sec. 44.157. DALLAS COUNTY.

  15. Tex. Government Code Sec. 44.159. DEAF SMITH COUNTY.

  16. Tex. Government Code Sec. 44.161. DENTON COUNTY.

  17. Tex. Government Code Sec. 44.167. EASTLAND COUNTY.

  18. Tex. Government Code Sec. 44.174. FANNIN COUNTY.

  19. Tex. Government Code Sec. 44.184. GALVESTON COUNTY.

  20. Tex. Government Code Sec. 44.191. GRAYSON COUNTY.

  21. Tex. Government Code Sec. 44.192. GREGG COUNTY.

  22. Tex. Government Code Sec. 44.202. HARRISON COUNTY.

  23. Tex. Government Code Sec. 44.205. HAYS COUNTY.

  24. Tex. Government Code Sec. 44.208. HIDALGO COUNTY.

  25. Tex. Government Code Sec. 44.220. JACKSON COUNTY.

  26. Tex. Government Code Sec. 44.221. JASPER COUNTY.

  27. Tex. Government Code Sec. 44.223. JEFFERSON COUNTY.

  28. Tex. Government Code Sec. 44.229. KAUFMAN COUNTY.

  29. Tex. Government Code Sec. 44.230. KENDALL COUNTY.

  30. Tex. Government Code Sec. 44.252. LUBBOCK COUNTY.

  31. Tex. Government Code Sec. 44.255. MCLENNAN COUNTY.

  32. Tex. Government Code Sec. 44.257. MADISON COUNTY.

  33. Tex. Government Code Sec. 44.263. MEDINA COUNTY.

  34. Tex. Government Code Sec. 44.275. NAVARRO COUNTY.

  35. Tex. Government Code Sec. 44.276. NEWTON COUNTY.

  36. Tex. Government Code Sec. 44.283. PANOLA COUNTY.

  37. Tex. Government Code Sec. 44.287. POLK COUNTY.

  38. Tex. Government Code Sec. 44.291. RANDALL COUNTY.

  39. Tex. Government Code Sec. 44.299. ROCKWALL COUNTY.

  40. Tex. Government Code Sec. 44.304. SAN JACINTO COUNTY.

  41. Tex. Government Code Sec. 44.312. SMITH COUNTY.

  42. Tex. Government Code Sec. 44.320. TARRANT COUNTY.

  43. Tex. Government Code Sec. 44.321. TAYLOR COUNTY.

  44. Tex. Government Code Sec. 44.329. TYLER COUNTY.

  45. Tex. Government Code Sec. 44.330. UPSHUR COUNTY.

  46. Tex. Government Code Sec. 44.334. VAN ZANDT COUNTY.

  47. Tex. Government Code Sec. 44.335. VICTORIA COUNTY.

  48. Tex. Government Code Sec. 44.336. WALKER COUNTY.

  49. Tex. Government Code Sec. 44.337. WALLER COUNTY.

  50. Tex. Government Code Sec. 44.343. WICHITA COUNTY.

  51. Tex. Government Code Sec. 44.350. WOOD COUNTY.

  52. Tex. Government Code Sec. 44.351. YOAKUM COUNTY.

Chapter 45

  1. Tex. Government Code Sec. 45.001. BOND.

  2. Tex. Government Code Sec. 45.002. APPOINTMENT AND OATH OF ASSISTANT.

  3. Tex. Government Code Sec. 45.104. ARANSAS COUNTY.

  4. Tex. Government Code Sec. 45.112. BAYLOR COUNTY. The county attorney shall represent the state in all misdemeanor cases before the district court in Baylor County.

  5. Tex. Government Code Sec. 45.126. BURLESON COUNTY. In Burleson County, the county attorney of Burleson County shall perform the duties imposed on and have the powers conferred on district attorneys by general law and is entitled to be compensated by the state in the manner and amount set by general law relating to the salary paid to district attorneys by the state.

  6. Tex. Government Code Sec. 45.130. CALLAHAN COUNTY. If there is no county attorney in Callahan County, the criminal district attorney in Taylor County shall represent the state in all matters pending before the 42nd District Court in Callahan County.

  7. Tex. Government Code Sec. 45.142. COLEMAN COUNTY.

  8. Tex. Government Code Sec. 45.145. COLORADO COUNTY.

  9. Tex. Government Code Sec. 45.151. COTTLE COUNTY. The county attorney shall represent the state in all misdemeanor cases before the district court in Cottle County.

  10. Tex. Government Code Sec. 45.154. CROSBY COUNTY. The county attorney of Crosby County, who performs the duties of a district attorney, is entitled to be compensated by the state in the manner and amount fixed by general law relating to the salary paid to district attorneys by the state.

  11. Tex. Government Code Sec. 45.168. ECTOR COUNTY.

  12. Tex. Government Code Sec. 45.171. EL PASO COUNTY.

  13. Tex. Government Code Sec. 45.175. FAYETTE COUNTY. In Fayette County the county attorney of Fayette County shall perform the duties imposed on and have the powers conferred on district attorneys by general law and is entitled to be compensated by the state in the manner and amount set by general law relating to the salary paid to district attorneys by the state.

  14. Tex. Government Code Sec. 45.179. FORT BEND COUNTY.

  15. Tex. Government Code Sec. 45.189. GONZALES COUNTY.

  16. Tex. Government Code Sec. 45.193. GRIMES COUNTY.

  17. Tex. Government Code Sec. 45.194. GUADALUPE COUNTY.

  18. Tex. Government Code Sec. 45.201. HARRIS COUNTY. It is the primary duty of the county attorney in Harris County or his assistants to represent the state, Harris County, and the officials of Harris County in all civil matters pending before the courts of Harris County and any other courts in which the state, the county, or the officials of the county have matters pending. The county attorney shall represent the Harris County Flood Control District and perform the other duties imposed by this section without any additional fee, compensation, or perquisite other than that paid by Harris County out of its officers' salary fund.

  19. Tex. Government Code Sec. 45.227. JONES COUNTY. The county attorney shall represent the state in all misdemeanor cases before the district court in Jones County.

  20. Tex. Government Code Sec. 45.235. KING COUNTY. The county attorney shall represent the state in all misdemeanor cases before the district court in King County.

  21. Tex. Government Code Sec. 45.238. KNOX COUNTY. The county attorney shall represent the state in all misdemeanor cases before the district court in Knox County.

  22. Tex. Government Code Sec. 45.243. LAVACA COUNTY.

  23. Tex. Government Code Sec. 45.244. LEE COUNTY. The county attorney of Lee County represents the state in all matters pending before the district courts in Lee County.

  24. Tex. Government Code Sec. 45.261. MATAGORDA COUNTY.

  25. Tex. Government Code Sec. 45.270. MONTGOMERY COUNTY.

  26. Tex. Government Code Sec. 45.280. OLDHAM COUNTY.

  27. Tex. Government Code Sec. 45.290. RAINS COUNTY.

  28. Tex. Government Code Sec. 45.309. SHACKELFORD COUNTY. The county attorney shall represent the state in all misdemeanor cases before the district court in Shackelford County.

  29. Tex. Government Code Sec. 45.315. STEPHENS COUNTY.

  30. Tex. Government Code Sec. 45.319. SWISHER COUNTY. The county attorney in Swisher County shall represent the state in all matters pending before the district court in Swisher County.

  31. Tex. Government Code Sec. 45.340. WEBB COUNTY. The county attorney handles or prosecutes all juvenile, child welfare, and mental health cases in Webb County, the other civil cases in Webb County where the state is a party, and the other duties imposed by law on the office of county attorney.

  32. Tex. Government Code Sec. 45.341. WHARTON COUNTY.

Chapter 46

  1. Tex. Government Code Sec. 46.001. DEFINITIONS. In this chapter:

  2. Tex. Government Code Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter applies to the state prosecuting attorney, all county prosecutors, and the following state prosecutors:

  3. Tex. Government Code Sec. 46.003. COMPENSATION OF STATE PROSECUTORS.

  4. Tex. Government Code Sec. 46.0031. COMPENSATION OF COUNTY PROSECUTORS.

  5. Tex. Government Code Sec. 46.004. EXPENSES.

  6. Tex. Government Code Sec. 46.005. LIMITATIONS ON LAW PRACTICE.

  7. Tex. Government Code Sec. 46.006. PURPOSE; DUTY OF COUNTY.

  8. Tex. Government Code Sec. 46.007. INELIGIBILITY FOR CERTAIN OTHER STATE FUNDS. Subchapter C, Chapter 41, does not apply to a county if the county is served by a state prosecutor who serves in a district or county listed in Section 46.002.

Chapter 51

  1. Tex. Government Code Sec. 51.001. APPOINTMENT; RESIDENCE; BOND; SEAL.

  2. Tex. Government Code Sec. 51.002. CLERK PRO TEMPORE; DEPUTY CLERK.

  3. Tex. Government Code Sec. 51.003. REMOVAL OF CLERK.

  4. Tex. Government Code Sec. 51.004. DUTIES. The clerk of the supreme court shall:

  5. Tex. Government Code Sec. 51.0045. ELECTRONIC OR MICROFILM STORAGE.

  6. Tex. Government Code Sec. 51.0046. PRIVACY OF CERTAIN RECORDS AND DOCUMENTS; LIABILITY.

  7. Tex. Government Code Sec. 51.005. FEES AND COSTS.

  8. Tex. Government Code Sec. 51.0051. ADDITIONAL FEES.

  9. Tex. Government Code Sec. 51.006. FEE FOR ATTORNEY'S LICENSE OR CERTIFICATE. The clerk shall collect a fee of $25 for the issuance of an attorney's license or certificate affixed with a seal. The fee shall be held by the clerk and expended by the supreme court or under the direction of the court for the preparation and issuance, including mailing, of the license or certificate.

  10. Tex. Government Code Sec. 51.007. VACANCY DURING VACATION. If the office of clerk becomes vacant during vacation, the chief justice and one justice shall appoint an individual to serve as clerk until a regular appointment is made. The individual appointed must give the bond and oath prescribed for the regular clerk. The bond must be approved by a justice of the court.

  11. Tex. Government Code Sec. 51.101. OATH; BOND. The clerk of the court of criminal appeals must sign the oath prescribed for officers of this state and must give a bond in the amount of $5,000. The bond must be approved by the court of criminal appeals and is subject to the same conditions as the bond required of the clerk of the supreme court.

  12. Tex. Government Code Sec. 51.102. DEPUTY CLERK.

  13. Tex. Government Code Sec. 51.103. REMOVAL OF CLERK. The court of criminal appeals may remove the clerk for good cause, entered in the minutes of the court.

  14. Tex. Government Code Sec. 51.104. DUTIES AND LIABILITIES.

  15. Tex. Government Code Sec. 51.1045. ELECTRONIC DOCUMENTS AND DIGITAL MULTIMEDIA EVIDENCE.

  16. Tex. Government Code Sec. 51.105. ELECTRONIC STORAGE.

  17. Tex. Government Code Sec. 51.201. APPOINTMENT; RESIDENCE; BOND; SEAL.

  18. Tex. Government Code Sec. 51.202. CLERK PRO TEMPORE; DEPUTY CLERK.

  19. Tex. Government Code Sec. 51.203. REMOVAL OF CLERK.

  20. Tex. Government Code Sec. 51.204. RECORDS OF COURT.

  21. Tex. Government Code Sec. 51.205. ELECTRONIC OR MICROFILM STORAGE.

  22. Tex. Government Code Sec. 51.206. LAW LIBRARY.

  23. Tex. Government Code Sec. 51.207. FEES AND COSTS.

  24. Tex. Government Code Sec. 51.208. ADDITIONAL FEES.

  25. Tex. Government Code Sec. 51.301. VACANCY; BOND; SEAL; SIGNATURE OF CLERK.

  26. Tex. Government Code Sec. 51.302. BOND; OATH; INSURANCE.

  27. Tex. Government Code Sec. 51.303. DUTIES AND POWERS.

  28. Tex. Government Code Sec. 51.3031. ISSUANCE OF UNITED STATES PASSPORTS.

  29. Tex. Government Code Sec. 51.3032. ELECTRONIC DISPLAY OF OFFICIAL AND LEGAL NOTICES BY DISTRICT CLERK. A district clerk may post an official and legal notice by electronic display, instead of posting a physical document, in the manner provided for a county clerk by Section 82.051, Local Government Code.

  30. Tex. Government Code Sec. 51.3033. CERTIFIED COPIES. A certified copy made of an original document on file in a district clerk's office must include:

  31. Tex. Government Code Sec. 51.304. PRESERVATION OF RECORDS.

  32. Tex. Government Code Sec. 51.306. RECORDING PROCEEDINGS OF MORE THAN ONE COURT.

  33. Tex. Government Code Sec. 51.307. TRANSFERRED JUDGMENTS. If a district clerk receives a certified copy of a judgment rendered in a county court in which jurisdiction has been transferred to the district court, the district clerk shall immediately record the judgment in the minutes of the district court. The district court shall enforce the judgment in the same manner as judgments rendered in the district court.

  34. Tex. Government Code Sec. 51.3071. TRANSFER OF CASES.

  35. Tex. Government Code Sec. 51.308. CLERK PRO TEMPORE. If a district clerk is a party to an action in a court he serves, the district judge, on the application of any interested person or on the judge's own motion, may appoint a clerk pro tempore for the purposes of the action. The clerk pro tempore must take an oath to faithfully and impartially perform the duties of the appointment and must give a bond, payable to the State of Texas, conditioned on the faithful performance of those duties, in an amount fixed and approved by the judge. The clerk pro tempore shall perform the duties of the district clerk relating to the action during the period of the appointment.

  36. Tex. Government Code Sec. 51.309. DEPUTY CLERKS AND OTHER EMPLOYEES.

  37. Tex. Government Code Sec. 51.310. DEPUTY DISTRICT CLERKS OF BEXAR COUNTY.

  38. Tex. Government Code Sec. 51.311. SPECIAL DEPUTY DISTRICT CLERK IN LUBBOCK AND NUECES COUNTIES.

  39. Tex. Government Code Sec. 51.312. SPECIAL DEPUTY DISTRICT CLERK IN DALLAS, EL PASO, HARRIS, TARRANT, AND TRAVIS COUNTIES.

  40. Tex. Government Code Sec. 51.313. SPECIAL DEPUTY DISTRICT CLERK IN COLLIN AND DENTON COUNTIES.

  41. Tex. Government Code Sec. 51.314. SPECIAL DEPUTY DISTRICT CLERK IN GALVESTON COUNTY. The Commissioners Court of Galveston County may pay for the services of a special deputy district clerk if the commissioners court considers a deputy clerk necessary. The clerk of the court in which the deputy clerk serves shall appoint the deputy clerk.

  42. Tex. Government Code Sec. 51.315. SPECIAL DEPUTY DISTRICT CLERKS FOR CERTAIN COURTS IN HARRIS COUNTY.

  43. Tex. Government Code Sec. 51.316. DEPUTY CLERK AND ASSISTANT IN HIDALGO, JEFFERSON, AND NUECES COUNTIES.

  44. Tex. Government Code Sec. 51.318. FEES DUE WHEN SERVICE PERFORMED OR REQUESTED.

  45. Tex. Government Code Sec. 51.319. OTHER FEES. The district clerk shall collect the following fees for services performed by the clerk:

  46. Tex. Government Code Sec. 51.3195. COPIES OF COURT RECORDS PRESERVED ONLY ON MICROFILM OR BY ELECTRONIC METHOD.

  47. Tex. Government Code Sec. 51.320. BILL FOR SERVICES. A fee under this subchapter is not payable until the district clerk produces, or is ready to produce, a bill for services that contains the particulars of the fee charged before payment of the fee is required. The bill must be signed by the clerk or the clerk's successor in office or legal representative who charges the fee or to whom the fee is due.

  48. Tex. Government Code Sec. 51.322. REMOVAL. A court rendering a judgment removing a district clerk under Article V, Section 9, of the Texas Constitution shall include in the judgment an order removing the clerk.

  49. Tex. Government Code Sec. 51.401. CLERK PRO TEMPORE. If a county clerk is a party to an action in the court he serves, the county judge, on the application of any interested person or on the judge's own motion, shall appoint a clerk pro tempore for the purposes of the action. The clerk pro tempore must take an oath to faithfully and impartially perform the duties of the appointment and must give a bond conditioned on the faithful performance of those duties in an amount fixed and approved by the judge. The bond must be payable to the State of Texas. A clerk pro tempore shall perform the duties of the clerk during the period of the appointment.

  50. Tex. Government Code Sec. 51.402. DUTIES AND POWERS.

  51. Tex. Government Code Sec. 51.403. TRANSFER OF CASES.

  52. Tex. Government Code Sec. 51.404. SPECIAL DEPUTY COUNTY CLERK IN GALVESTON COUNTY. The Commissioners Court of Galveston County may pay for the services of a special deputy district county clerk if the commissioners court considers a deputy clerk necessary. The clerk of the court in which the deputy clerk serves shall appoint the deputy clerk.

  53. Tex. Government Code Sec. 51.501. JOINT CLERKS.

  54. Tex. Government Code Sec. 51.502. SEAL. A joint clerk performing the duties of the district clerk and the county clerk shall use the district court seal to authenticate official acts for the district court and the county court seal to authenticate official acts for the county court.

  55. Tex. Government Code Sec. 51.503. CERTIFIED COPIES. A certified copy made of an original document on file in a joint clerk's office must include:

  56. Tex. Government Code Sec. 51.601. COURT REPORTER SERVICE FUND.

  57. Tex. Government Code Sec. 51.602. COMPENSATION OF CERTAIN CLERKS. The salaries of the clerks of the supreme court, the court of criminal appeals, and the courts of appeals are determined by the legislature in the acts appropriating funds for the support of the judiciary. The legislature shall also fix the amount of supplemental salaries paid to those clerks from court fees and receipts.

  58. Tex. Government Code Sec. 51.605. CONTINUING EDUCATION.

  59. Tex. Government Code Sec. 51.606. PROHIBITED FEES. A clerk is not entitled to a fee for:

  60. Tex. Government Code Sec. 51.607. IMPLEMENTATION OF NEW OR AMENDED COURT COSTS AND FEES.

  61. Tex. Government Code Sec. 51.608. IMPOSITION OF COURT COSTS IN CRIMINAL PROCEEDINGS. Notwithstanding any other law that establishes the amount of a court cost collected by the clerk of a district, county, or statutory county court from a defendant in a criminal proceeding based on the law in effect on the date the offense was committed, the amount of a court cost imposed on the defendant in a criminal proceeding must be the amount established under the law in effect on the date the defendant is convicted of the offense.

  62. Tex. Government Code Sec. 51.609. IMMUNITY FROM LIABILITY FOR DISCLOSURE OR RELEASE OF COURT DOCUMENTS.

  63. Tex. Government Code Sec. 51.610. UNCOLLECTIBLE FEES.

  64. Tex. Government Code Sec. 51.801. DEFINITION. In this subchapter, "electronic filing of documents" means the filing of data transmitted to a district or county clerk or a clerk of a court of appeals by the communication of information, displayed originally in written form, in the form of digital electronic signals transformed by computer and stored on microfilm, magnetic tape, optical disks, or any other medium.

  65. Tex. Government Code Sec. 51.802. PLACE OF FILING. The place of filing is the receiving station designated by the district or county clerk or the clerk of the court of appeals to which electronic information is transmitted.

  66. Tex. Government Code Sec. 51.803. SUPREME COURT REGULATION AND APPROVAL.

  67. Tex. Government Code Sec. 51.804. COMPLETION OF ELECTRONIC FILING. To complete an electronic filing:

  68. Tex. Government Code Sec. 51.805. TRANSMISSION OR DISTRIBUTION OF DATA.

  69. Tex. Government Code Sec. 51.806. SIGNATURE ON ORIGINAL.

  70. Tex. Government Code Sec. 51.807. LOCAL RULES.

  71. Tex. Government Code Sec. 51.808. NOTICE OF SELF-HELP RESOURCES.

  72. Tex. Government Code Sec. 51.851. ELECTRONIC FILING FEE.

  73. Tex. Government Code Sec. 51.852. STATEWIDE ELECTRONIC FILING SYSTEM FUND.

  74. Tex. Government Code Sec. 51.901. FRAUDULENT DOCUMENT OR INSTRUMENT.

  75. Tex. Government Code Sec. 51.902. ACTION ON FRAUDULENT JUDGMENT LIEN.

  76. Tex. Government Code Sec. 51.903. ACTION ON FRAUDULENT LIEN ON PROPERTY.

  77. Tex. Government Code Sec. 51.9035. ACTION ON FRAUDULENT CONVEYANCE.

  78. Tex. Government Code Sec. 51.904. WARNING SIGN. A clerk described by Section 51.901(a) shall post a sign, in letters at least one inch in height, that is clearly visible to the general public in or near the clerk's office stating that it is a crime to intentionally or knowingly file a fraudulent court record or a fraudulent instrument with the clerk.

  79. Tex. Government Code Sec. 51.905. DOCUMENTS FILED WITH SECRETARY OF STATE.

  80. Tex. Government Code Sec. 51.941. ADDITIONAL FILING FEE IN APPELLATE COURTS FOR BASIC CIVIL LEGAL SERVICES FOR INDIGENTS.

  81. Tex. Government Code Sec. 51.942. RULES.

  82. Tex. Government Code Sec. 51.943. BASIC CIVIL LEGAL SERVICES ACCOUNT.

Chapter 52

  1. Tex. Government Code Sec. 52.001. DEFINITIONS.

  2. Tex. Government Code Sec. 52.011. PROVISION OF SIGNED DEPOSITION CERTIFICATE; CERTIFICATE REQUIREMENTS.

  3. Tex. Government Code Sec. 52.041. APPOINTMENT OF OFFICIAL COURT REPORTER.

  4. Tex. Government Code Sec. 52.042. DEPUTY COURT REPORTER.

  5. Tex. Government Code Sec. 52.043. DEPUTY COURT REPORTER FOR THE 70TH JUDICIAL DISTRICT.

  6. Tex. Government Code Sec. 52.044. ADDITIONAL DISTRICT COURT REPORTERS IN BEXAR COUNTY.

  7. Tex. Government Code Sec. 52.0441. COURT REPORTERS FOR CRIMINAL LAW MAGISTRATES IN BEXAR COUNTY. Each full-time Bexar County criminal law magistrate, with the consent and approval of the Commissioners Court of Bexar County, may appoint an official court reporter to serve that magistrate. The reporter is a sworn officer of the court who holds office at the pleasure of the magistrate.

  8. Tex. Government Code Sec. 52.045. OATH.

  9. Tex. Government Code Sec. 52.046. GENERAL POWERS AND DUTIES.

  10. Tex. Government Code Sec. 52.047. TRANSCRIPTS.

  11. Tex. Government Code Sec. 52.048. COURT REPORTERS FOR FAMILY LAW MASTERS IN EL PASO. Each El Paso family law master shall appoint an official shorthand reporter to serve that master. The official shorthand reporter must be well skilled in his profession. The reporter is a sworn officer of the court who holds office at the pleasure of the court.

  12. Tex. Government Code Sec. 52.049. ADDITIONAL DISTRICT COURT REPORTERS IN NUECES COUNTY.

  13. Tex. Government Code Sec. 52.051. COMPENSATION OF DISTRICT COURT REPORTERS.

  14. Tex. Government Code Sec. 52.052. COMPENSATION IN THE 222ND JUDICIAL DISTRICT. Notwithstanding Section 52.051, the district judge of the 222nd Judicial District shall set the salary of the official court reporter at not less than $15,000.

  15. Tex. Government Code Sec. 52.053. COMPENSATION OF HILL COUNTY OFFICIAL COURT REPORTER.

  16. Tex. Government Code Sec. 52.054. APPORTIONMENT OF SALARY.

  17. Tex. Government Code Sec. 52.055. EXPENSES OF DISTRICT COURT REPORTERS.

  18. Tex. Government Code Sec. 52.056. EXPENSES OF VISITING COURT REPORTERS.

  19. Tex. Government Code Sec. 52.057. EXPENSES OF COURT REPORTERS IN CERTAIN ENUMERATED DISTRICTS.

  20. Tex. Government Code Sec. 52.058. EXPENSES OF DISTRICT COURT REPORTERS IN CHANGE OF VENUE CASES.

  21. Tex. Government Code Sec. 52.059. CHARGES FOR DEPOSITIONS.

Chapter 53

  1. Tex. Government Code Sec. 53.001. MANDATORY APPOINTMENTS.

  2. Tex. Government Code Sec. 53.002. PERMISSIVE APPOINTMENTS.

  3. Tex. Government Code Sec. 53.003. EVIDENCE OF APPOINTMENT; NOTIFICATION.

  4. Tex. Government Code Sec. 53.004. QUALIFICATIONS.

  5. Tex. Government Code Sec. 53.005. TERM OF OFFICE. A bailiff or grand jury bailiff appointed under this subchapter holds office at the will of the judge of the court that the bailiff or grand jury bailiff serves.

  6. Tex. Government Code Sec. 53.006. DUTIES.

  7. Tex. Government Code Sec. 53.007. BAILIFF DEPUTIZED.

  8. Tex. Government Code Sec. 53.0071. BAILIFF AS PEACE OFFICER. Unless the appointing judge provides otherwise in the order of appointment, a bailiff appointed under Section 53.001(b), (g), (k), or

  9. Tex. Government Code Sec. 53.008. OATH. The bailiffs of the 34th, 70th, 86th, 97th, 130th, 142nd, 161st, 238th, 244th, 271st, 318th, 341st, 355th, 358th, 385th, and 446th district courts, the bailiffs of the courts described in Section 53.002(c), (d), (e), or (f), the bailiffs and the grand jury bailiffs of the district courts in Tarrant County that give preference to criminal cases, the bailiffs and grand jury bailiffs of the criminal district courts in Tarrant County, the bailiffs of the district courts in Taylor County, the bailiffs of the county courts at law of Taylor County, and the bailiffs of the county courts at law of Wise County shall each swear to the following oath, to be administered by the judge: "I solemnly swear that I will faithfully and impartially perform all duties as may be required of me by law, so help me God."

  10. Tex. Government Code Sec. 53.009. COMPENSATION.

  11. Tex. Government Code Sec. 53.0091. COMPENSATION IN EL PASO COUNTY.

  12. Tex. Government Code Sec. 53.021. SPECIAL PROVISION: BAILIFF TO ACT AS INTERPRETER.

  13. Tex. Government Code Sec. 53.031. APPOINTMENTS.

  14. Tex. Government Code Sec. 53.032. OATH. Before assuming the duties of office, each bailiff must take the oath prescribed for officers of this state.

  15. Tex. Government Code Sec. 53.033. BOND. The sheriff may require a bailiff to give a bond. The sheriff may prescribe the conditions and amount of the bond, or those terms may be set as otherwise provided by law.

  16. Tex. Government Code Sec. 53.034. POWERS. A bailiff appointed under this subchapter has the same powers that sheriffs and deputy sheriffs have in this state.

  17. Tex. Government Code Sec. 53.035. DUTIES.

  18. Tex. Government Code Sec. 53.036. TERM OF OFFICE; VACANCY.

  19. Tex. Government Code Sec. 53.037. ACTING FOR ANOTHER BAILIFF. The bailiffs may act for each other and shall act for each other when requested to by a judge or the sheriff. A bailiff acting for another bailiff may not receive additional compensation.

  20. Tex. Government Code Sec. 53.038. SALARY. The sheriff shall fix the annual salary of the bailiffs of each court. The salary must be approved by the commissioners court and shall be paid by warrant or check in equal installments twice monthly from the county fund established for the purpose.

  21. Tex. Government Code Sec. 53.039. ADDITIONAL DEPUTIES. This subchapter does not prevent the sheriff from assigning additional deputies to any of the district courts when circumstances require or when a district judge requests the assignment.

  22. Tex. Government Code Sec. 53.051. OFFICE OF BAILIFF. The judges of the 245th, 246th, 247th, 257th, 308th, 309th, 310th, 311th, and 312th family district courts shall appoint a person to serve their respective courts as bailiff. A bailiff is an officer of the court and performs the duties of the office under the direction and supervision of the judge of the court.

  23. Tex. Government Code Sec. 53.052. APPOINTMENT. An order signed by the appointing judge and entered on the minutes of the court is evidence of appointment of a bailiff. The judge shall give written notice to the commissioners court and each constable of Harris County of the appointment and date employed.

  24. Tex. Government Code Sec. 53.053. QUALIFICATIONS. A bailiff must be a citizen of the United States and must be 19 years of age.

  25. Tex. Government Code Sec. 53.054. BAILIFF AS DEPUTY. On written notice of the appointment from the judge, a constable of said county may deputize the bailiff in addition to other deputies authorized by law.

  26. Tex. Government Code Sec. 53.055. OATH. The following oath must be administered by the appointing judge to the bailiff appointed under this subchapter: "I solemnly swear that I will perform faithfully and impartially all duties required of me and required by law so help me God."

  27. Tex. Government Code Sec. 53.056. TERM OF OFFICE. The bailiff holds office at the will of the judge of the court served by the bailiff.

  28. Tex. Government Code Sec. 53.057. DUTIES. A bailiff shall perform the duties imposed on bailiffs under the general laws of this state and the other duties required by the judge of the court served.

  29. Tex. Government Code Sec. 53.058. COMPENSATION. The bailiff shall be compensated out of the general fund of the county in an amount to be set by the Commissioners Court of Harris County.

  30. Tex. Government Code Sec. 53.071. GRAND JURY BAILIFFS IN COUNTIES OF 250,000 OR MORE.

  31. Tex. Government Code Sec. 53.072. GRAND JURY BAILIFFS IN GALVESTON COUNTY. The judge of a district court in Galveston County impaneling a grand jury shall appoint not more than six grand jury bailiffs.

  32. Tex. Government Code Sec. 53.091. EMPLOYMENT.

  33. Tex. Government Code Sec. 53.092. POWERS AND DUTIES. Any peace officer commissioned under this section shall be vested with all the rights, privileges, obligations, and duties of any other peace officer in this state while on the property under the control of the court or acting in the actual course and scope of employment.

  34. Tex. Government Code Sec. 53.101. ASSIGNMENT OF BAILIFF. At least one bailiff shall be assigned regularly to each county court at law of Tarrant County.

  35. Tex. Government Code Sec. 53.102. OFFICE OF BAILIFF; APPOINTMENT.

  36. Tex. Government Code Sec. 53.103. TERM OF OFFICE. The bailiff holds office at the will of the judge of the court served by the bailiff.

  37. Tex. Government Code Sec. 53.104. DUTIES. A bailiff shall perform the duties imposed on bailiffs under the general laws of this state and the other duties required by the judge of the court served.

  38. Tex. Government Code Sec. 53.105. ASSIGNMENT OF BAILIFF BY SHERIFF.

  39. Tex. Government Code Sec. 53.106. COMPENSATION. A bailiff appointed by the judge of a county court at law of Tarrant County shall be compensated out of the general fund of the county in an amount to be set by the Commissioners Court of Tarrant County.

  40. Tex. Government Code Sec. 53.121. OFFICE OF BAILIFF. The judges of the 231st, 233rd, 322nd, 323rd, 324th, 325th, and 360th district courts may appoint one person to serve as bailiff of that court and one person to serve as bailiff for the district court served by an associate judge of that district court. A bailiff is an officer of the court and performs the duties of the office under the direction and supervision of the judge of the court.

  41. Tex. Government Code Sec. 53.122. APPOINTMENT. An order signed by the appointing judge and entered on the minutes of the court is evidence of appointment of a bailiff. The judge shall give written notice to the commissioners court and each constable of Tarrant County of the appointment and date employed.

  42. Tex. Government Code Sec. 53.123. QUALIFICATIONS. A bailiff must be a citizen of the United States and must be 18 years of age or older.

  43. Tex. Government Code Sec. 53.124. BAILIFF AS DEPUTY. On written notice of the appointment from the judge, a constable of the county may deputize the bailiff in addition to other deputies authorized by law.

  44. Tex. Government Code Sec. 53.125. OATH. The following oath must be administered by the appointing judge to the bailiff appointed under this subchapter: "I solemnly swear that I will perform faithfully and impartially all duties required of me and required by law so help me God."

  45. Tex. Government Code Sec. 53.126. TERM OF OFFICE. The bailiff holds office at the will of the judge of the court served by the bailiff.

  46. Tex. Government Code Sec. 53.127. DUTIES. A bailiff shall perform the duties imposed on bailiffs under the general laws of this state and the other duties required by the judge of the court served.

  47. Tex. Government Code Sec. 53.128. COMPENSATION. The bailiff shall be compensated out of the general fund of the county in an amount to be set by the Commissioners Court of Tarrant County.

Chapter 54

  1. Tex. Government Code Sec. 54.001. QUALIFICATIONS.

  2. Tex. Government Code Sec. 54.002. REQUIRED TRAINING ON DUTIES REGARDING BAIL. In addition to any other training required under this chapter, a master, magistrate, referee, associate judge, or hearing officer appointed under this chapter whose duties include setting, adjusting, or revoking bail bonds shall comply with the training requirements under Article 17.024, Code of Criminal Procedure.

  3. Tex. Government Code Sec. 54.003. SUSPENSION AND REMOVAL.

  4. Tex. Government Code Sec. 54.101. APPOINTMENT.

  5. Tex. Government Code Sec. 54.102. JURISDICTION. A master appointed under this subchapter has concurrent jurisdiction with the judges of the justice of the peace courts of Bell County over cases involving truant conduct in accordance with Section 65.004, Family Code.

  6. Tex. Government Code Sec. 54.103. POWERS AND DUTIES.

  7. Tex. Government Code Sec. 54.104. JUDICIAL IMMUNITY. A master has the same judicial immunity as a district judge.

  8. Tex. Government Code Sec. 54.105. TRAINING. A master appointed under this subchapter must successfully complete all training a justice of the peace is required to complete under state law.

  9. Tex. Government Code Sec. 54.106. FAILURE TO COMPLY WITH SUMMONS OR ORDER. If an attorney, party, witness, or any other person fails to comply with a summons or order, the master may certify that failure in writing to the referring court for appropriate action.

  10. Tex. Government Code Sec. 54.107. WITNESSES.

  11. Tex. Government Code Sec. 54.1171. APPLICATION OF SUBCHAPTER. This subchapter applies to a constitutional county court in a county with a population of 2.1 million or more.

  12. Tex. Government Code Sec. 54.1172. APPOINTMENT.

  13. Tex. Government Code Sec. 54.1173. QUALIFICATIONS. A magistrate must be at least 25 years of age.

  14. Tex. Government Code Sec. 54.1174. COMPENSATION. A magistrate is entitled to the compensation set by the commissioners court. The compensation shall be paid from the general fund of the county.

  15. Tex. Government Code Sec. 54.1175. POWERS. Except as limited by an order of the county judge, a magistrate appointed under this subchapter may:

  16. Tex. Government Code Sec. 54.1176. PAPERS TRANSMITTED TO JUDGE.

  17. Tex. Government Code Sec. 54.1177. JUDICIAL IMMUNITY. A magistrate appointed under this subchapter has the same judicial immunity as a district judge.

  18. Tex. Government Code Sec. 54.1231. AUTHORIZATION; APPOINTMENT; ELIMINATION.

  19. Tex. Government Code Sec. 54.1232. QUALIFICATIONS; OATH OF OFFICE.

  20. Tex. Government Code Sec. 54.1233. COMPENSATION.

  21. Tex. Government Code Sec. 54.1234. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge.

  22. Tex. Government Code Sec. 54.1235. TERMINATION OF EMPLOYMENT.

  23. Tex. Government Code Sec. 54.1236. JURISDICTION; RESPONSIBILITY; POWERS.

  24. Tex. Government Code Sec. 54.1237. PERSONNEL, EQUIPMENT, AND OFFICE SPACE. The Commissioners Court of Comal County shall provide:

  25. Tex. Government Code Sec. 54.1351. APPLICATION OF SUBCHAPTER. This subchapter applies to Cameron County.

  26. Tex. Government Code Sec. 54.1352. APPOINTMENT.

  27. Tex. Government Code Sec. 54.1353. QUALIFICATIONS. To be eligible for appointment as a criminal law hearing officer under this subchapter, a person must:

  28. Tex. Government Code Sec. 54.1354. COMPENSATION.

  29. Tex. Government Code Sec. 54.1355. OATH. A criminal law hearing officer must take the constitutional oath of office required of appointed officers of this state.

  30. Tex. Government Code Sec. 54.1356. CRIMINAL JURISDICTION.

  31. Tex. Government Code Sec. 54.1357. MENTAL HEALTH JURISDICTION. The judges of the statutory county courts of Cameron County may authorize a criminal law hearing officer to serve the probate courts of Cameron County as necessary to hear emergency mental health matters under Chapter 573, Health and Safety Code. A criminal law hearing officer has concurrent limited jurisdiction with the probate courts of the county to hear emergency mental health matters under Chapter 573, Health and Safety Code. This section does not impair the jurisdiction of the probate courts to review or alter the decision of the criminal law hearing officer.

  32. Tex. Government Code Sec. 54.1358. DUTIES AND POWERS.

  33. Tex. Government Code Sec. 54.1359. JUDICIAL IMMUNITY. A criminal law hearing officer has the same judicial immunity as a district judge, statutory county court judge, and justice of the peace.

  34. Tex. Government Code Sec. 54.1360. SHERIFF. On request of a criminal law hearing officer appointed under this subchapter, the sheriff, in person or by deputy, shall assist the criminal law hearing officer.

  35. Tex. Government Code Sec. 54.1361. CLERK. The district clerk shall perform the statutory duties necessary for the criminal law hearing officers appointed under this subchapter in cases filed in a district court or a statutory county court. A person designated to serve as a clerk of a justice court shall perform the statutory duties necessary for cases filed in a justice court.

  36. Tex. Government Code Sec. 54.1362. PROCEEDINGS THAT MAY BE REFERRED. A district judge or a county court at law judge may refer to a criminal law hearing officer any criminal case for proceedings involving:

  37. Tex. Government Code Sec. 54.1501. APPOINTMENT.

  38. Tex. Government Code Sec. 54.1502. JURISDICTION. A magistrate has concurrent criminal jurisdiction with:

  39. Tex. Government Code Sec. 54.1503. POWERS AND DUTIES.

  40. Tex. Government Code Sec. 54.1504. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge.

  41. Tex. Government Code Sec. 54.1505. WITNESSES.

  42. Tex. Government Code Sec. 54.1601. APPOINTMENT.

  43. Tex. Government Code Sec. 54.1602. JURISDICTION. A magistrate has concurrent criminal jurisdiction with the judges of the justice of the peace courts of Bell County.

  44. Tex. Government Code Sec. 54.1603. POWERS AND DUTIES.

  45. Tex. Government Code Sec. 54.1604. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge.

  46. Tex. Government Code Sec. 54.1605. WITNESSES.

  47. Tex. Government Code Sec. 54.1801. DEFINITION. In this subchapter, "drug court" or "drug court program" has the meaning assigned by Section 123.001.

  48. Tex. Government Code Sec. 54.1802. APPLICABILITY OF SUBCHAPTER. This subchapter applies to each district court and statutory county court with criminal jurisdiction in this state. If a provision of this subchapter conflicts with a specific provision for a particular district court or statutory county court, the specific provision controls.

  49. Tex. Government Code Sec. 54.1803. APPOINTMENT.

  50. Tex. Government Code Sec. 54.1805. COMPENSATION. A magistrate is entitled to the salary determined by the county commissioners court.

  51. Tex. Government Code Sec. 54.1806. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a judge of a district court or statutory county court appointing the magistrate.

  52. Tex. Government Code Sec. 54.1807. PROCEEDINGS THAT MAY BE REFERRED.

  53. Tex. Government Code Sec. 54.1808. ORDER OF REFERRAL.

  54. Tex. Government Code Sec. 54.1809. POWERS. Except as limited by an order of referral, a magistrate to whom a drug court case is referred may perform any act and take any measure necessary and proper for the efficient performance of the duties assigned by the district or statutory county court judge.

  55. Tex. Government Code Sec. 54.1851. APPOINTMENT.

  56. Tex. Government Code Sec. 54.1852. JURISDICTION. A magistrate has concurrent criminal jurisdiction with the judges of the justice of the peace courts of Brazoria County.

  57. Tex. Government Code Sec. 54.1853. POWERS AND DUTIES.

  58. Tex. Government Code Sec. 54.1854. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge.

  59. Tex. Government Code Sec. 54.1855. WITNESSES.

  60. Tex. Government Code Sec. 54.1951. APPLICATION OF SUBCHAPTER. This subchapter applies to a constitutional county court in a county that:

  61. Tex. Government Code Sec. 54.1952. APPOINTMENT.

  62. Tex. Government Code Sec. 54.1953. QUALIFICATIONS. A magistrate must have resided in the county for at least six months before the date of the appointment.

  63. Tex. Government Code Sec. 54.1954. COMPENSATION. A magistrate is entitled to the compensation set by the commissioners court. The compensation shall be paid from the general fund of the county.

  64. Tex. Government Code Sec. 54.1955. POWERS.

  65. Tex. Government Code Sec. 54.1956. NOT GUILTY PLEA ENTERED OR DENIAL OF ALLEGED CONDUCT.

  66. Tex. Government Code Sec. 54.1957. PAPERS TRANSMITTED TO JUDGE.

  67. Tex. Government Code Sec. 54.2001. AUTHORIZATION; APPOINTMENT; ELIMINATION.

  68. Tex. Government Code Sec. 54.2002. QUALIFICATIONS; OATH OF OFFICE.

  69. Tex. Government Code Sec. 54.2003. COMPENSATION.

  70. Tex. Government Code Sec. 54.2004. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge.

  71. Tex. Government Code Sec. 54.2005. TERMINATION OF EMPLOYMENT.

  72. Tex. Government Code Sec. 54.2006. JURISDICTION; RESPONSIBILITY; POWERS.

  73. Tex. Government Code Sec. 54.2007. PERSONNEL, EQUIPMENT, AND OFFICE SPACE. The Commissioners Court of Guadalupe County shall provide:

  74. Tex. Government Code Sec. 54.2201. AUTHORIZATION; APPOINTMENT; TERMINATION; ELIMINATION.

  75. Tex. Government Code Sec. 54.2202. QUALIFICATIONS; OATH OF OFFICE.

  76. Tex. Government Code Sec. 54.2203. COMPENSATION. A magistrate is entitled to the compensation set by the Commissioners Court of Collin County. The compensation shall be paid from the general fund of the county.

  77. Tex. Government Code Sec. 54.2204. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge.

  78. Tex. Government Code Sec. 54.2205. PROCEEDING THAT MAY BE REFERRED.

  79. Tex. Government Code Sec. 54.2206. ORDER OF REFERRAL.

  80. Tex. Government Code Sec. 54.2207. POWERS.

  81. Tex. Government Code Sec. 54.2208. FORFEITURES. Bail bonds and personal bonds may be forfeited by the magistrate court in the manner provided by Chapter 22, Code of Criminal Procedure, and those forfeitures shall be filed with:

  82. Tex. Government Code Sec. 54.2209. COSTS.

  83. Tex. Government Code Sec. 54.2210. CLERK.

  84. Tex. Government Code Sec. 54.2211. COURT REPORTER. At the request of a party, the court shall provide a court reporter to record the proceedings before the magistrate.

  85. Tex. Government Code Sec. 54.2212. WITNESS.

  86. Tex. Government Code Sec. 54.2213. PAPERS TRANSMITTED TO JUDGE. At the conclusion of the proceedings, a magistrate shall transmit to the referring court any papers relating to the case, including the magistrate's findings, conclusions, orders, recommendations, or other action taken.

  87. Tex. Government Code Sec. 54.2214. COSTS OF MAGISTRATE. The court shall determine if the nonprevailing party is able to defray the costs of the magistrate. If the court determines the nonprevailing party is able to pay those costs, the court shall assess the magistrate's costs against the nonprevailing party.

  88. Tex. Government Code Sec. 54.2215. JUDICIAL ACTION.

  89. Tex. Government Code Sec. 54.2216. MAGISTRATE AS ASSOCIATE JUDGE. A magistrate appointed under this subchapter may act as a civil associate judge under Subchapter B, Chapter 54A. To the extent of any conflict with this subchapter, a magistrate acting as an associate judge shall comply with provisions regarding the appointment, termination, referral of cases, powers, duties, and immunities of associate judges under Subchapter B, Chapter 54A.

  90. Tex. Government Code Sec. 54.2301. AUTHORIZATION; APPOINTMENT; ELIMINATION.

  91. Tex. Government Code Sec. 54.2302. QUALIFICATIONS; OATH OF OFFICE.

  92. Tex. Government Code Sec. 54.2303. COMPENSATION.

  93. Tex. Government Code Sec. 54.2304. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge.

  94. Tex. Government Code Sec. 54.2305. TERMINATION OF EMPLOYMENT.

  95. Tex. Government Code Sec. 54.2306. JURISDICTION; RESPONSIBILITY; POWERS.

  96. Tex. Government Code Sec. 54.2307. PERSONNEL, EQUIPMENT, AND OFFICE SPACE. The Commissioners Court of Kerr County shall provide:

  97. Tex. Government Code Sec. 54.2401. AUTHORIZATION; APPOINTMENT; ELIMINATION.

  98. Tex. Government Code Sec. 54.2402. QUALIFICATIONS; OATH OF OFFICE.

  99. Tex. Government Code Sec. 54.2403. COMPENSATION. A magistrate is entitled to the compensation set by the Commissioners Court of Fort Bend County. The compensation shall be paid from the general fund of the county.

  100. Tex. Government Code Sec. 54.2404. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge.

  101. Tex. Government Code Sec. 54.2405. PROCEEDING THAT MAY BE REFERRED.

  102. Tex. Government Code Sec. 54.2406. ORDER OF REFERRAL.

  103. Tex. Government Code Sec. 54.2407. POWERS.

  104. Tex. Government Code Sec. 54.2408. FORFEITURES. Bail bonds and personal bonds may be forfeited by the magistrate court in the manner provided by Chapter 22, Code of Criminal Procedure, and those forfeitures shall be filed with:

  105. Tex. Government Code Sec. 54.2409. COSTS.

  106. Tex. Government Code Sec. 54.2410. CLERK.

  107. Tex. Government Code Sec. 54.2411. COURT REPORTER. At the request of a party, the court shall provide a court reporter to record the proceedings before the magistrate.

  108. Tex. Government Code Sec. 54.2412. WITNESS.

  109. Tex. Government Code Sec. 54.2413. PAPERS TRANSMITTED TO JUDGE. At the conclusion of the proceedings, a magistrate shall transmit to the referring court any papers relating to the case, including the magistrate's findings, conclusions, orders, recommendations, or other action taken.

  110. Tex. Government Code Sec. 54.2414. COSTS OF MAGISTRATE. The court shall determine if the nonprevailing party is able to defray the costs of the magistrate. If the court determines the nonprevailing party is able to pay those costs, the court shall assess the magistrate's costs against the nonprevailing party.

  111. Tex. Government Code Sec. 54.2415. JUDICIAL ACTION.

  112. Tex. Government Code Sec. 54.2416. MAGISTRATE AS ASSOCIATE JUDGE. A magistrate appointed under this subchapter may act as a civil associate judge under Subchapter B, Chapter 54A. To the extent of any conflict with this subchapter, a magistrate acting as an associate judge shall comply with provisions regarding the appointment, termination, referral of cases, powers, duties, and immunities of associate judges under Subchapter B, Chapter 54A.

  113. Tex. Government Code Sec. 54.2501. CREATION. The Brazoria County Criminal Law Magistrate Court is a court with the jurisdiction provided by this subchapter.

  114. Tex. Government Code Sec. 54.2502. APPOINTMENT.

  115. Tex. Government Code Sec. 54.2503. JURISDICTION.

  116. Tex. Government Code Sec. 54.2504. POWERS AND DUTIES.

  117. Tex. Government Code Sec. 54.2505. TRANSFER AND ASSIGNMENT OF CASES.

  118. Tex. Government Code Sec. 54.2506. PROCEEDING THAT MAY BE REFERRED. A district judge, county court at law judge, or justice of the peace may refer to a judge of the criminal law magistrate court any criminal case or matter relating to a criminal case for any proceeding other than presiding over a criminal trial on the merits, whether or not the trial is before a jury.

  119. Tex. Government Code Sec. 54.2507. OATH OF OFFICE. A judge of the criminal law magistrate court must take the constitutional oath of office prescribed for appointed officers.

  120. Tex. Government Code Sec. 54.2508. JUDICIAL IMMUNITY. A judge of the criminal law magistrate court has the same judicial immunity as a district judge.

  121. Tex. Government Code Sec. 54.2509. CLERK. The clerk of a district court or county court at law that refers a proceeding to a magistrate under this subchapter shall perform the statutory duties necessary for the magistrate to perform the duties authorized by this subchapter.

  122. Tex. Government Code Sec. 54.2510. SHERIFF. The county sheriff, either in person or by deputy, shall attend the criminal law magistrate court as required by the judge of that court.

  123. Tex. Government Code Sec. 54.2511. WITNESSES.

  124. Tex. Government Code Sec. 54.2601. APPOINTMENT.

  125. Tex. Government Code Sec. 54.2603. COMPENSATION.

  126. Tex. Government Code Sec. 54.2604. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge.

  127. Tex. Government Code Sec. 54.2605. TERMINATION OF SERVICES.

  128. Tex. Government Code Sec. 54.2606. PROCEEDING THAT MAY BE REFERRED.

  129. Tex. Government Code Sec. 54.2607. ORDER OF REFERRAL.

  130. Tex. Government Code Sec. 54.2608. POWERS.

  131. Tex. Government Code Sec. 54.2609. COURT REPORTER. At the request of a party in a felony case, the court shall provide a court reporter to record the proceedings before the magistrate.

  132. Tex. Government Code Sec. 54.2610. WITNESS.

  133. Tex. Government Code Sec. 54.2611. PAPERS TRANSMITTED TO JUDGE. At the conclusion of the proceedings, a magistrate shall transmit to the referring court any papers relating to the case, including the magistrate's findings, conclusions, orders, recommendations, or other action taken.

  134. Tex. Government Code Sec. 54.2612. JUDICIAL ACTION.

  135. Tex. Government Code Sec. 54.2613. MAGISTRATE.

  136. Tex. Government Code Sec. 54.2614. CLERK. The clerk of a district court that refers a proceeding to a magistrate under this subchapter shall perform the statutory duties necessary for the magistrate to perform the duties authorized by this subchapter.

  137. Tex. Government Code Sec. 54.2701. AUTHORIZATION; APPOINTMENT; ELIMINATION.

  138. Tex. Government Code Sec. 54.2702. OATH OF OFFICE.

  139. Tex. Government Code Sec. 54.2703. COMPENSATION. A magistrate is entitled to the salary determined by the Commissioners Court of Grayson County.

  140. Tex. Government Code Sec. 54.2704. JURISDICTION. A magistrate has concurrent criminal jurisdiction with the judges of the justice of the peace courts of Grayson County.

  141. Tex. Government Code Sec. 54.2705. POWERS AND DUTIES.

  142. Tex. Government Code Sec. 54.2706. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge.

  143. Tex. Government Code Sec. 54.2707. WITNESSES.

  144. Tex. Government Code Sec. 54.2801. CREATION. The Denton County Criminal Law Magistrate Court is a court with the jurisdiction provided by this subchapter.

  145. Tex. Government Code Sec. 54.2802. APPOINTMENT; OVERSIGHT.

  146. Tex. Government Code Sec. 54.2803. JURISDICTION.

  147. Tex. Government Code Sec. 54.2804. POWERS AND DUTIES. The criminal law magistrate court may:

  148. Tex. Government Code Sec. 54.2805. CRIMINAL LAW MAGISTRATE COURT ASSOCIATE JUDGE. The district court judges with jurisdiction in Denton County and the judges of the criminal statutory county courts of Denton County may, with the approval of the Commissioners Court of Denton County and two-thirds of the district court and criminal statutory county court judges, appoint a district or criminal statutory county court judge qualified under Section 54.2807 as the criminal law magistrate court associate judge to:

  149. Tex. Government Code Sec. 54.2806. JAIL MAGISTRATE.

  150. Tex. Government Code Sec. 54.2807. QUALIFICATIONS. To be eligible for appointment as the criminal law magistrate court associate judge, a jail magistrate, or another magistrate in the criminal law magistrate court, a person must have been a resident of Denton County for at least two years preceding the person's appointment.

  151. Tex. Government Code Sec. 54.2808. COMPENSATION. A criminal law magistrate court associate judge, a jail magistrate, and each other magistrate in the criminal law magistrate court shall be paid a total annual salary set by the Commissioners Court of Denton County. The salary shall be paid in a manner and from a fund determined by the commissioners court.

  152. Tex. Government Code Sec. 54.2809. JUDICIAL IMMUNITY. A criminal law magistrate court associate judge, a jail magistrate, and each other magistrate in the criminal law magistrate court has the same judicial immunity as a district judge.

  153. Tex. Government Code Sec. 54.2810. TERMINATION OF SERVICES.

  154. Tex. Government Code Sec. 54.2811. PROCEEDING THAT MAY BE REFERRED.

  155. Tex. Government Code Sec. 54.2812. ORDER OF REFERRAL.

  156. Tex. Government Code Sec. 54.2813. FORFEITURES. Bail bonds and personal bonds may be forfeited by the criminal law magistrate court or the criminal law magistrate court associate judge in the manner provided by Chapter 22, Code of Criminal Procedure, and those forfeitures shall be filed with:

  157. Tex. Government Code Sec. 54.2814. PAPERS TRANSMITTED TO JUDGE. At the conclusion of the proceedings, a magistrate or the criminal law magistrate court associate judge shall transmit to the referring court any papers relating to the case, including the magistrate's findings, conclusions, orders, recommendations, or other action taken.

  158. Tex. Government Code Sec. 54.2815. JUDICIAL ACTION.

  159. Tex. Government Code Sec. 54.2816. EXCHANGE OF BENCHES.

  160. Tex. Government Code Sec. 54.2817. COURT REPORTER. At the request of a party in a criminal case, the criminal law magistrate court shall provide a court reporter to record the proceedings before the magistrate.

  161. Tex. Government Code Sec. 54.2818. WITNESS.

  162. Tex. Government Code Sec. 54.2819. CLERK.

  163. Tex. Government Code Sec. 54.2820. COSTS.

  164. Tex. Government Code Sec. 54.301. APPOINTMENT.

  165. Tex. Government Code Sec. 54.303. COMPENSATION.

  166. Tex. Government Code Sec. 54.304. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge.

  167. Tex. Government Code Sec. 54.305. TERMINATION OF SERVICES.

  168. Tex. Government Code Sec. 54.306. PROCEEDING THAT MAY BE REFERRED.

  169. Tex. Government Code Sec. 54.307. ORDER OF REFERRAL.

  170. Tex. Government Code Sec. 54.308. POWERS.

  171. Tex. Government Code Sec. 54.309. COURT REPORTER. At the request of a party in a felony case, the court shall provide a court reporter to record the proceedings before the magistrate.

  172. Tex. Government Code Sec. 54.310. WITNESS.

  173. Tex. Government Code Sec. 54.311. PAPERS TRANSMITTED TO JUDGE. At the conclusion of the proceedings, a magistrate shall transmit to the referring court any papers relating to the case, including the magistrate's findings, conclusions, orders, recommendations, or other action taken.

  174. Tex. Government Code Sec. 54.312. JUDICIAL ACTION.

  175. Tex. Government Code Sec. 54.651. APPOINTMENT.

  176. Tex. Government Code Sec. 54.653. COMPENSATION.

  177. Tex. Government Code Sec. 54.654. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge.

  178. Tex. Government Code Sec. 54.655. TERMINATION OF SERVICES.

  179. Tex. Government Code Sec. 54.656. PROCEEDING THAT MAY BE REFERRED.

  180. Tex. Government Code Sec. 54.657. ORDER OF REFERRAL.

  181. Tex. Government Code Sec. 54.658. POWERS.

  182. Tex. Government Code Sec. 54.6585. CLERK.

  183. Tex. Government Code Sec. 54.659. COURT REPORTER. At the request of a party in a felony case, the court shall provide a court reporter to record the proceedings before the magistrate.

  184. Tex. Government Code Sec. 54.660. WITNESS.

  185. Tex. Government Code Sec. 54.661. PAPERS TRANSMITTED TO JUDGE. At the conclusion of the proceedings, a magistrate shall transmit to the referring court any papers relating to the case, including the magistrate's findings, conclusions, orders, recommendations, or other action taken.

  186. Tex. Government Code Sec. 54.662. JUDICIAL ACTION.

  187. Tex. Government Code Sec. 54.731. SHORT TITLE. This subchapter may be cited as the El Paso Criminal Law Magistrates Act.

  188. Tex. Government Code Sec. 54.732. CREATION. The El Paso Criminal Law Magistrate Court is a court having the jurisdiction provided by this subchapter over offenses allegedly committed in El Paso County.

  189. Tex. Government Code Sec. 54.733. JURISDICTION.

  190. Tex. Government Code Sec. 54.734. TERM OF COURT. The criminal law magistrate court has two terms of court beginning on the first Mondays in January and July.

  191. Tex. Government Code Sec. 54.735. POWERS AND DUTIES.

  192. Tex. Government Code Sec. 54.736. COUNCIL OF JUDGES.

  193. Tex. Government Code Sec. 54.737. ADMINISTRATIVE RULES.

  194. Tex. Government Code Sec. 54.738. TRANSFER AND ASSIGNMENT OF CASES.

  195. Tex. Government Code Sec. 54.739. ORDER OF ASSIGNMENT.

  196. Tex. Government Code Sec. 54.740. EFFECT OF TRANSFER. When a case is transferred from one court to another as provided by this subchapter, all processes, writs, bonds, recognizances, or other obligations issued from the transferring court are returnable to the court to which the case is transferred as if originally issued by that court. The obligees in all bonds and recognizances taken in a case that is transferred and all witnesses summoned to appear in a court from which a case is transferred are required to appear before the court to which the case is transferred as if the processes or obligations were originally issued by the court to which the transfer is made.

  197. Tex. Government Code Sec. 54.741. FORFEITURES. Bail bonds and personal bonds may be forfeited by the criminal law magistrate court in the manner provided by Chapter 22, Code of Criminal Procedure, and those forfeitures shall be filed with:

  198. Tex. Government Code Sec. 54.742. COSTS.

  199. Tex. Government Code Sec. 54.743. OBJECTION TO JUDGE.

  200. Tex. Government Code Sec. 54.744. JUDGES ON EL PASO COUNCIL OF JUDGES. Unless the local rules of administration provide otherwise, the judges on the El Paso Council of Judges and the judges on the criminal law magistrate court may sit and act for any magistrate in El Paso County on any unindicted felony or Class A or B misdemeanor case if an information has not been filed or any Class C misdemeanor case filed in a justice court.

  201. Tex. Government Code Sec. 54.745. PRETRIAL DIVERSION.

  202. Tex. Government Code Sec. 54.746. JURISDICTION OF JUDGES ON EL PASO COUNCIL OF JUDGES.

  203. Tex. Government Code Sec. 54.747. JUDGE.

  204. Tex. Government Code Sec. 54.748. OATH OF OFFICE. The judges of the criminal law magistrate court must take the constitutional oath of office prescribed for appointed officers.

  205. Tex. Government Code Sec. 54.749. JUDICIAL IMMUNITY. The judges of the criminal law magistrate court and the judges of the county courts at law have the same judicial immunity as a district judge.

  206. Tex. Government Code Sec. 54.750. EXCHANGE OF BENCHES.

  207. Tex. Government Code Sec. 54.751. SPECIAL JUDGE.

  208. Tex. Government Code Sec. 54.753. CLERK.

  209. Tex. Government Code Sec. 54.754. SHERIFF.

  210. Tex. Government Code Sec. 54.755. COURT REPORTER. Each judge of the criminal law magistrate court shall appoint an official shorthand reporter to serve that judge. Those official shorthand reporters must be well skilled in their profession. Such a reporter is a sworn officer of the court who holds office at the pleasure of the court.

  211. Tex. Government Code Sec. 54.756. FAMILY LAW MASTER.

  212. Tex. Government Code Sec. 54.757. JUDGE OF CRIMINAL LAW MAGISTRATE COURT.

  213. Tex. Government Code Sec. 54.758. MAGISTRATES MAY BE APPOINTED.

  214. Tex. Government Code Sec. 54.759. LOCATION OF COURT.

  215. Tex. Government Code Sec. 54.760. COURT SEAL. The seal of the criminal law magistrate court shall be the same as that provided by law for county courts, except that the seal must contain the words "El Paso Criminal Law Magistrate Court." The seal shall be judicially noticed.

  216. Tex. Government Code Sec. 54.761. INACTIVE COURT.

  217. Tex. Government Code Sec. 54.762. JURISDICTION NOT DIMINISHED. This subchapter does not diminish the jurisdiction granted by the constitution and laws of this state to any court named in this subchapter.

  218. Tex. Government Code Sec. 54.763. TRANSFER UNDER CODE OF CRIMINAL PROCEDURE. This subchapter does not prevent a district court from transferring misdemeanor indictments to an inferior court as provided by Chapter 21, Code of Criminal Procedure, notwithstanding the grant of misdemeanor jurisdiction to the district courts by this subchapter.

  219. Tex. Government Code Sec. 54.801. APPOINTMENT.

  220. Tex. Government Code Sec. 54.803. ORDER OF APPOINTMENT. The order appointing a master must be entered in the minutes of each court making the order and state:

  221. Tex. Government Code Sec. 54.804. COMPENSATION. The commissioners court shall set the compensation for masters and determine the total amount the county will pay as compensation for masters.

  222. Tex. Government Code Sec. 54.805. JUDICIAL IMMUNITY. A master appointed under this subchapter has the same judicial immunity as a district judge.

  223. Tex. Government Code Sec. 54.806. TERMINATION OF EMPLOYMENT.

  224. Tex. Government Code Sec. 54.807. WITHDRAWAL OF APPOINTMENT FOR A PARTICULAR COURT. The judge of a court for which a master has been appointed may withdraw the master's appointment to that court by written order. The order must state:

  225. Tex. Government Code Sec. 54.808. CASES THAT MAY BE REFERRED. A judge may refer to a master any civil case or portion of a civil case brought:

  226. Tex. Government Code Sec. 54.809. METHOD OF REFERRAL. A case may be referred as prescribed by published local rules or by written orders.

  227. Tex. Government Code Sec. 54.810. POWERS.

  228. Tex. Government Code Sec. 54.811. EFFECT ON TEMPORARY RESTRAINING ORDER.

  229. Tex. Government Code Sec. 54.812. JURY.

  230. Tex. Government Code Sec. 54.813. COURT REPORTER.

  231. Tex. Government Code Sec. 54.814. FAILURE TO COMPLY WITH SUMMONS OR ORDER. If an attorney, party, witness, or any other person fails to comply with a summons or order, the master may certify that failure in writing to the referring court for appropriate action.

  232. Tex. Government Code Sec. 54.815. WITNESSES.

  233. Tex. Government Code Sec. 54.816. RETURN TO REFERRING COURT; FINDINGS. After a hearing is concluded, the master shall send to the referring judge all papers relating to the case and the written findings of the master.

  234. Tex. Government Code Sec. 54.817. COURT ACTION ON REPORT.

  235. Tex. Government Code Sec. 54.818. DECREE OR JUDGMENT. The finding and recommendations become the decree or judgment of the court when adopted and approved by an order of the judge.

  236. Tex. Government Code Sec. 54.819. MASTERS IN CHANCERY. This subchapter does not prohibit a court from appointing a master in chancery as provided by Rule 171, Texas Rules of Civil Procedure.

  237. Tex. Government Code Sec. 54.820. REFEREES.

  238. Tex. Government Code Sec. 54.851. APPLICATION. This subchapter applies only to counties with a population of 3.3 million or more.

  239. Tex. Government Code Sec. 54.852. APPOINTMENT.

  240. Tex. Government Code Sec. 54.854. COMPENSATION.

  241. Tex. Government Code Sec. 54.855. OATH. A criminal law hearing officer must take the constitutional oath of office required of appointed officers of this state.

  242. Tex. Government Code Sec. 54.856. CRIMINAL JURISDICTION.

  243. Tex. Government Code Sec. 54.857. MENTAL HEALTH JURISDICTION. The judges appointing a criminal law hearing officer may authorize the criminal law hearing officer to serve the statutory probate courts of Harris County as necessary to hear emergency mental health matters under Chapter 573, Health and Safety Code. A criminal law hearing officer has concurrent limited jurisdiction with the statutory probate courts of the county to hear emergency mental health matters under Chapter 573, Health and Safety Code. This section does not impair the jurisdiction of the statutory probate courts to review or alter the decision of the criminal law hearing officer.

  244. Tex. Government Code Sec. 54.858. DUTIES AND POWERS.

  245. Tex. Government Code Sec. 54.859. JUDICIAL IMMUNITY. A criminal law hearing officer has the same judicial immunity as a district judge, statutory county court judge, and justice of the peace.

  246. Tex. Government Code Sec. 54.860. SHERIFF. On request of a criminal law hearing officer appointed under this subchapter, the sheriff, in person or by deputy, shall assist the criminal law hearing officer.

  247. Tex. Government Code Sec. 54.861. CLERK. The district clerk shall perform the statutory duties necessary for the criminal law hearing officers appointed under this subchapter in cases filed in a district court or county criminal court. A person designated to serve as clerk of a justice court shall perform the statutory duties necessary for cases filed in a justice court.

  248. Tex. Government Code Sec. 54.871. APPOINTMENT.

  249. Tex. Government Code Sec. 54.873. COMPENSATION.

  250. Tex. Government Code Sec. 54.874. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge.

  251. Tex. Government Code Sec. 54.875. TERMINATION OF SERVICES.

  252. Tex. Government Code Sec. 54.876. PROCEEDING THAT MAY BE REFERRED.

  253. Tex. Government Code Sec. 54.877. ORDER OF REFERRAL.

  254. Tex. Government Code Sec. 54.878. POWERS.

  255. Tex. Government Code Sec. 54.879. COURT REPORTER. At the request of a party, the court shall provide a court reporter to record the proceedings before the magistrate.

  256. Tex. Government Code Sec. 54.880. WITNESS.

  257. Tex. Government Code Sec. 54.881. PAPERS TRANSMITTED TO JUDGE. At the conclusion of the proceedings, a magistrate shall transmit to the referring court any papers relating to the case, including the magistrate's findings, conclusions, orders, recommendations, or other action taken.

  258. Tex. Government Code Sec. 54.882. JUDICIAL ACTION.

  259. Tex. Government Code Sec. 54.884. MAGISTRATES.

  260. Tex. Government Code Sec. 54.885. CLERK. The clerk of a district court or county court at law that refers a proceeding to a magistrate under this subchapter shall perform the statutory duties necessary for the magistrate to perform the duties authorized by this subchapter.

  261. Tex. Government Code Sec. 54.901. APPOINTMENT.

  262. Tex. Government Code Sec. 54.903. COMPENSATION.

  263. Tex. Government Code Sec. 54.904. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge.

  264. Tex. Government Code Sec. 54.905. TERMINATION OF SERVICES.

  265. Tex. Government Code Sec. 54.906. PROCEEDING THAT MAY BE REFERRED.

  266. Tex. Government Code Sec. 54.907. ORDER OF REFERRAL.

  267. Tex. Government Code Sec. 54.908. POWERS.

  268. Tex. Government Code Sec. 54.909. COURT REPORTER. At the request of a party, the court shall provide a court reporter to record the proceedings before the magistrate.

  269. Tex. Government Code Sec. 54.910. WITNESS.

  270. Tex. Government Code Sec. 54.911. PAPERS TRANSMITTED TO JUDGE. At the conclusion of the proceedings, a magistrate shall transmit to the referring court any papers relating to the case, including the magistrate's findings, conclusions, orders, recommendations, or other action taken.

  271. Tex. Government Code Sec. 54.912. JUDICIAL ACTION.

  272. Tex. Government Code Sec. 54.970. APPLICATION. This subchapter applies to the district courts and the county courts at law that give preference to criminal cases in Travis County.

  273. Tex. Government Code Sec. 54.971. APPOINTMENT.

  274. Tex. Government Code Sec. 54.973. COMPENSATION.

  275. Tex. Government Code Sec. 54.974. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge or a judge of a county court at law, as applicable.

  276. Tex. Government Code Sec. 54.975. TERMINATION OF SERVICES.

  277. Tex. Government Code Sec. 54.976. PROCEEDINGS THAT MAY BE REFERRED.

  278. Tex. Government Code Sec. 54.977. ORDER OF REFERRAL.

  279. Tex. Government Code Sec. 54.978. POWERS.

  280. Tex. Government Code Sec. 54.979. RECORD OF PROCEEDINGS. At the request of a party the court shall provide that the proceedings before the magistrate be recorded.

  281. Tex. Government Code Sec. 54.980. WITNESS.

  282. Tex. Government Code Sec. 54.981. PAPERS TRANSMITTED TO THE JUDGE.

  283. Tex. Government Code Sec. 54.982. JUDICIAL ACTION.

  284. Tex. Government Code Sec. 54.984. CRIMINAL LAW MAGISTRATES.

  285. Tex. Government Code Sec. 54.991. APPOINTMENT.

  286. Tex. Government Code Sec. 54.993. COMPENSATION. A magistrate is entitled to the salary determined by the commissioners court.

  287. Tex. Government Code Sec. 54.994. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge.

  288. Tex. Government Code Sec. 54.995. ORDER OF REFERRAL.

  289. Tex. Government Code Sec. 54.996. POWERS.

  290. Tex. Government Code Sec. 54.997. RETURN TO REFERRING COURT; FINDINGS. After a hearing is concluded, the magistrate shall send to the referring court any papers related to the case, including the magistrate's findings, conclusions, orders, recommendations, or other action taken.

  291. Tex. Government Code Sec. 54.998. JUDICIAL ACTION.

Chapter 55

  1. Tex. Government Code Sec. 55.001. EMPLOYMENT OF SECRETARY OR STENOGRAPHER.

  2. Tex. Government Code Sec. 55.002. EMPLOYMENT IN JIM HOGG COUNTY. The county judge of Jim Hogg County may employ one person for stenographic and secretarial duties.

Chapter 56

  1. Tex. Government Code Sec. 56.001. JUDICIAL AND COURT PERSONNEL TRAINING FUND.

  2. Tex. Government Code Sec. 56.002. FEES COLLECTED BY CLERKS OF COURTS OF APPEALS. Fifty percent of the fees collected by the clerks of the courts of appeals under Section 51.207 shall be deposited in the state treasury in the judicial and court personnel training fund for the continuing legal education of judges and of court personnel.

  3. Tex. Government Code Sec. 56.003. USE OF FUNDS.

  4. Tex. Government Code Sec. 56.004. ALLOCATION OF FUNDS.

  5. Tex. Government Code Sec. 56.005. JUDICIAL EDUCATION COMMITTEES.

  6. Tex. Government Code Sec. 56.006. RULES; OVERSIGHT.

  7. Tex. Government Code Sec. 56.007. ADMINISTRATIVE EXPENSES. An entity receiving a grant of funds from the court of criminal appeals under this chapter for continuing legal education, technical assistance, and other support programs may not use grant funds to pay any costs of the entity not related to approved grant activities.

Chapter 57

  1. Tex. Government Code Sec. 57.001. DEFINITIONS. In this subchapter and for purposes of Subchapter B:

  2. Tex. Government Code Sec. 57.002. APPOINTMENT OF INTERPRETER OR CART PROVIDER; CART PROVIDER LIST; PAYMENT OF INTERPRETER COSTS.

  3. Tex. Government Code Sec. 57.021. COURT INTERPRETER CERTIFICATION PROGRAM.

  4. Tex. Government Code Sec. 57.022. CERTIFICATION; RULES.

  5. Tex. Government Code Sec. 57.023. EXAMINATIONS.

  6. Tex. Government Code Sec. 57.024. DUTIES OF THE COMMISSIONER.

  7. Tex. Government Code Sec. 57.025. DENIAL, SUSPENSION, OR REVOCATION OF CERTIFICATE.

  8. Tex. Government Code Sec. 57.026. PROHIBITED ACTS. A person may not interpret for a hearing-impaired individual at a court proceeding or advertise or represent that the person is a certified court interpreter unless the person holds an appropriate certificate under this subchapter.

  9. Tex. Government Code Sec. 57.027. CRIMINAL OFFENSE; ADMINISTRATIVE PENALTY.

Chapter 61

  1. Tex. Government Code Sec. 61.001. REIMBURSEMENT OF EXPENSES OF JURORS AND PROSPECTIVE JURORS.

  2. Tex. Government Code Sec. 61.0011. DEFINITION OF PERSON WHO REPORTS FOR JURY SERVICE. In this chapter, the term "person who reports for jury service" means a person who reports in person for duty on a grand jury or a petit jury, regardless of whether the person is selected to serve on the jury.

  3. Tex. Government Code Sec. 61.0015. REIMBURSEMENT TO COUNTY.

  4. Tex. Government Code Sec. 61.002. LIABILITY OF COUNTIES FOR PAYMENT OF JURY SERVICE.

  5. Tex. Government Code Sec. 61.003. DONATION OF REIMBURSEMENT.

Chapter 62

  1. Tex. Government Code Sec. 62.001. JURY SOURCE; RECONSTITUTION OF JURY WHEEL.

  2. Tex. Government Code Sec. 62.002. JURY WHEEL CARDS.

  3. Tex. Government Code Sec. 62.003. CONSTRUCTION AND SECURITY OF JURY WHEEL.

  4. Tex. Government Code Sec. 62.004. DRAWING NAMES FOR JURY LISTS.

  5. Tex. Government Code Sec. 62.005. OBSERVATION OF DRAWING OF NAMES.

  6. Tex. Government Code Sec. 62.006. CERTIFICATION OF JURY LISTS.

  7. Tex. Government Code Sec. 62.007. ENVELOPES CONTAINING JURY LISTS; OATH.

  8. Tex. Government Code Sec. 62.008. ENVELOPES CONTAINING JURY WHEEL CARDS.

  9. Tex. Government Code Sec. 62.009. REUSE OF JURY WHEEL CARDS.

  10. Tex. Government Code Sec. 62.010. REFILLING OR REPLACEMENT OF JURY WHEEL.

  11. Tex. Government Code Sec. 62.011. ELECTRONIC OR MECHANICAL METHOD OF SELECTION.

  12. Tex. Government Code Sec. 62.0111. COMPUTER OR TELEPHONE RESPONSE TO SUMMONS.

  13. Tex. Government Code Sec. 62.012. USE OF JURY LISTS.

  14. Tex. Government Code Sec. 62.0125. SUMMONS FOR JURY SERVICE ON GENERAL ELECTION DAY PROHIBITED. Prospective jurors may not be summoned to appear for jury service on the date of the general election for state and county officers.

  15. Tex. Government Code Sec. 62.013. SUMMONS FOR JURY SERVICE BY CLERK, SHERIFF, OR CONSTABLE.

  16. Tex. Government Code Sec. 62.0131. FORM OF WRITTEN JURY SUMMONS.

  17. Tex. Government Code Sec. 62.0132. JUROR QUESTIONNAIRE.

  18. Tex. Government Code Sec. 62.014. SUMMONS FOR JURY SERVICE BY CLERKS, SHERIFFS, OR BAILIFFS.

  19. Tex. Government Code Sec. 62.0141. FAILURE TO ANSWER JURY SUMMONS. In addition to any criminal penalty prescribed by law, a person summoned for jury service who does not comply with the summons as required by law or who knowingly provides false information in a request for an exemption or to be excused from jury service is subject to a contempt action punishable by a fine of not less than $100 nor more than $1,000.

  20. Tex. Government Code Sec. 62.0142. NOTICE ON WRITTEN SUMMONS. If a written summons for jury duty allows a person to claim a disqualification or exemption by signing a statement and returning it to the clerk of the court, the form must notify the person that by claiming a disqualification or exemption based on:

  21. Tex. Government Code Sec. 62.0143. POSTPONEMENT OF JURY SERVICE.

  22. Tex. Government Code Sec. 62.0144. POSTPONEMENT OF JURY SERVICE IN CERTAIN COUNTIES.

  23. Tex. Government Code Sec. 62.0145. REMOVAL OF CERTAIN PERSONS FROM POOL OF PROSPECTIVE JURORS. Except as provided by Section 62.0146, if a written summons for jury service sent by a clerk, sheriff, constable, or bailiff is undeliverable, the county or district clerk may remove from the jury wheel the jury wheel card for the person summoned or the district clerk, or in a county with a population of at least 1.7 million and in which more than 70 percent of the population resides in a single municipality, a bailiff appointed as provided under Section 62.019, may remove the person's name from the record of names for selection of persons for jury service under Section 62.011.

  24. Tex. Government Code Sec. 62.0146. UPDATING ADDRESSES OF CERTAIN PERSONS IN POOL OF PROSPECTIVE JURORS. If a written summons for jury service sent by a clerk, sheriff, constable, or bailiff is returned with a notation from the United States Postal Service of a change of address for the person summoned, the county or district clerk may update the jury wheel card to reflect the person's new address.

  25. Tex. Government Code Sec. 62.0147. MEANS OF POSTPONEMENT OF JURY SERVICE IN CERTAIN COUNTIES.

  26. Tex. Government Code Sec. 62.015. SELECTION OF JURY PANEL.

  27. Tex. Government Code Sec. 62.016. INTERCHANGEABLE JURIES IN CERTAIN COUNTIES.

  28. Tex. Government Code Sec. 62.017. INTERCHANGEABLE JURORS IN CERTAIN OTHER COUNTIES.

  29. Tex. Government Code Sec. 62.0175. INTERCHANGEABLE JURORS IN COUNTIES WITH A SINGLE DISTRICT COURT AND A SINGLE COUNTY COURT AT LAW WITH CONCURRENT JURISDICTION.

  30. Tex. Government Code Sec. 62.018. QUARTERS FOR GENERAL PANELS.

  31. Tex. Government Code Sec. 62.019. BAILIFFS FOR GENERAL PANELS.

  32. Tex. Government Code Sec. 62.020. ALTERNATE JURORS.

  33. Tex. Government Code Sec. 62.021. DISMISSAL OF JUROR REMOVED FROM PANEL. In a county with a population of 2.5 million or more, a prospective juror removed from a jury panel for cause, by peremptory challenge or for any other reason, must be dismissed from jury service. After dismissal, the person may not be placed on another jury panel until the person's name is returned to the jury wheel and drawn again for jury service.

  34. Tex. Government Code Sec. 62.101. JURY SERVICE. All individuals are competent petit jurors unless disqualified under this subchapter and are liable for jury service except as otherwise provided by this subchapter.

  35. Tex. Government Code Sec. 62.102. GENERAL QUALIFICATIONS FOR JURY SERVICE.

  36. Tex. Government Code Sec. 62.103. SUSPENSION OF GENERAL QUALIFICATIONS.

  37. Tex. Government Code Sec. 62.1031. FAILURE TO REGISTER TO VOTE. Failure to register to vote does not disqualify a person from jury service.

  38. Tex. Government Code Sec. 62.104. DISQUALIFICATION FOR LEGAL BLINDNESS.

  39. Tex. Government Code Sec. 62.1041. DEAF OR HARD OF HEARING JUROR.

  40. Tex. Government Code Sec. 62.105. DISQUALIFICATION FOR PARTICULAR JURY. A person is disqualified to serve as a petit juror in a particular case if he:

  41. Tex. Government Code Sec. 62.106. EXEMPTION FROM JURY SERVICE.

  42. Tex. Government Code Sec. 62.107. PROCEDURES FOR ESTABLISHING EXEMPTIONS.

  43. Tex. Government Code Sec. 62.108. PERMANENT EXEMPTION FOR ELDERLY.

  44. Tex. Government Code Sec. 62.109. EXEMPTION FOR PHYSICAL OR MENTAL IMPAIRMENT OR INABILITY TO COMPREHEND ENGLISH.

  45. Tex. Government Code Sec. 62.110. JUDICIAL EXCUSE OF JUROR.

  46. Tex. Government Code Sec. 62.111. PENALTY FOR DEFAULTING JURORS. A juror lawfully notified shall be fined not less than $100 nor more than $500 if the juror:

  47. Tex. Government Code Sec. 62.112. EXCUSE OF JUROR FOR RELIGIOUS HOLY DAY.

  48. Tex. Government Code Sec. 62.113. COMPILATION OF LIST OF NONCITIZENS.

  49. Tex. Government Code Sec. 62.114. COMPILATION OF LIST OF NONRESIDENTS.

  50. Tex. Government Code Sec. 62.115. COMPILATION OF LIST OF CONVICTED PERSONS.

  51. Tex. Government Code Sec. 62.201. NUMBER OF JURORS. The jury in a district court is composed of 12 persons, except that the parties may agree to try a particular case with fewer than 12 jurors.

  52. Tex. Government Code Sec. 62.202. MEALS DURING JURY DELIBERATION.

  53. Tex. Government Code Sec. 62.301. NUMBER OF JURORS. The jury in the county courts and in the justice courts is composed of six persons except as provided by the constitution or other law.

  54. Tex. Government Code Sec. 62.302. DRAWING NAMES FOR JURY SERVICE IN CERTAIN COUNTY COURTS.

  55. Tex. Government Code Sec. 62.411. JUSTICE COURT RULES.

  56. Tex. Government Code Sec. 62.412. SUMMONING PROSPECTIVE JURORS DIRECTLY TO JUSTICE COURT.

  57. Tex. Government Code Sec. 62.501. QUALIFICATION. To be eligible to serve on a jury of a municipal court, including a municipal court of record, a person must be resident of the municipality for which the court is established.

Chapter 71

  1. Tex. Government Code Sec. 71.001. DEFINITIONS. In this chapter:

  2. Tex. Government Code Sec. 71.011. NUMBER AND CLASSES OF MEMBERS. The Texas Judicial Council is an agency of the state composed of 17 ex officio and six appointive members.

  3. Tex. Government Code Sec. 71.012. EX OFFICIO MEMBERS. The ex officio members are:

  4. Tex. Government Code Sec. 71.013. TERMS OF EX OFFICIO MEMBERS; DELEGATION OF FUNCTIONS.

  5. Tex. Government Code Sec. 71.014. CITIZEN MEMBERS.

  6. Tex. Government Code Sec. 71.015. TERMS OF CITIZEN MEMBERS.

  7. Tex. Government Code Sec. 71.016. MEETINGS.

  8. Tex. Government Code Sec. 71.017. QUORUM. Eleven members of the council constitute a quorum.

  9. Tex. Government Code Sec. 71.018. OFFICERS; COMMITTEES.

  10. Tex. Government Code Sec. 71.019. RULES. The council may adopt rules expedient for the administration of its functions.

  11. Tex. Government Code Sec. 71.020. EXPENSES.

  12. Tex. Government Code Sec. 71.031. CONTINUOUS STUDY. The council continuously shall study the organization, rules, procedures and practice, work accomplished, results, and uniformity of the discretionary powers of the state courts and methods for their improvement.

  13. Tex. Government Code Sec. 71.032. RECEIPT OF ADVICE ON REMEDIES. The council shall receive and consider advice from judges, public officials, members of the bar, and citizens concerning remedies for faults in the administration of justice.

  14. Tex. Government Code Sec. 71.033. METHODS FOR IMPROVEMENT. The council shall design methods for simplifying judicial procedure, expediting the transaction of judicial business, and correcting faults in or improving the administration of justice.

  15. Tex. Government Code Sec. 71.034. REPORTS; INVESTIGATIONS.

  16. Tex. Government Code Sec. 71.035. STATISTICS; ENFORCEMENT BY MANDAMUS.

  17. Tex. Government Code Sec. 71.0351. BAIL AND PRETRIAL RELEASE INFORMATION.

  18. Tex. Government Code Sec. 71.0352. JUVENILE DATA: JUSTICE, MUNICIPAL, AND TRUANCY COURTS. As a component of the official monthly report submitted to the Office of Court Administration of the Texas Judicial System:

  19. Tex. Government Code Sec. 71.0353. TRAFFICKING OF PERSONS INFORMATION.

  20. Tex. Government Code Sec. 71.0354. PROSECUTING ATTORNEY INFORMATION.

  21. Tex. Government Code Sec. 71.036. PUBLIC HEARINGS.

  22. Tex. Government Code Sec. 71.037. SPECIALTY COURT BEST PRACTICES. The council shall review and as appropriate approve recommendations made by the Specialty Courts Advisory Council under Section 772.0061(b)(2).

  23. Tex. Government Code Sec. 71.038. REGIONAL INFORMATION. The council shall collect judicial statistics and other pertinent information from the presiding judges of each administrative judicial region in this state regarding the amount and character of any business transacted by the presiding judges. As a duty of office, the presiding judges shall report monthly any information required by the council under this section.

  24. Tex. Government Code Sec. 71.039. PROCEDURES FOR ISSUANCE OF MARRIAGE LICENSE THROUGH REMOTE TECHNOLOGY. The council, in consultation with the Department of State Health Services, by rule shall develop and implement a voluntary certification process under which a county clerk may be certified to issue a marriage license to applicants through the use of remote technology in accordance with procedures adopted by the council. The procedures adopted by the council must ensure sufficient verification of each applicant's age and identity to prevent fraud.

  25. Tex. Government Code Sec. 71.040. CENTERS OF EXCELLENCE.

Chapter 72

  1. Tex. Government Code Sec. 72.001. DEFINITIONS. In this chapter:

  2. Tex. Government Code Sec. 72.002. EFFECT ON JUDICIAL DISCRETION. This chapter or a rule adopted by the supreme court under Section 74.024 does not authorize an infringement of the judicial discretion of a judge in the trying of a case properly before his court.

  3. Tex. Government Code Sec. 72.011. OFFICE OF COURT ADMINISTRATION.

  4. Tex. Government Code Sec. 72.012. DIRECTOR.

  5. Tex. Government Code Sec. 72.014. CERTIFICATION DIVISION. The office shall establish a certification division to oversee the regulatory programs assigned to the office by law or by the supreme court. Fees collected under Section 51.008 may be appropriated to the office to support the certification division.

  6. Tex. Government Code Sec. 72.015. JUDICIAL SECURITY DIVISION.

  7. Tex. Government Code Sec. 72.016. NOTIFICATION PROCEDURE FOR JUDICIAL PRIVACY. The director shall develop a procedure to regularly notify county registrars, the Department of Public Safety, the Texas Ethics Commission, and any other state or local government agency the office determines should be notified of the judges, judges' spouses, employees of the Office of Court Administration of the Texas Judicial System and entities administratively attached to the office, employees and commissioners of the State Commission on Judicial Conduct, and related family members whose personal information must be kept from public records, as provided under Sections 552.117 and 572.035 of this code, Sections 13.0021 and 15.0215, Election Code, Section 25.025, Tax Code, and Section 521.121, Transportation Code.

  8. Tex. Government Code Sec. 72.021. BUDGET; EXPENDITURES.

  9. Tex. Government Code Sec. 72.022. PERSONNEL.

  10. Tex. Government Code Sec. 72.023. CONSULTATION AND ASSISTANCE.

  11. Tex. Government Code Sec. 72.024. METHODS; RECOMMENDATIONS.

  12. Tex. Government Code Sec. 72.025. ANNUAL REPORT.

  13. Tex. Government Code Sec. 72.026. RULES. The director, under the supervision of the chief justice, shall implement a rule of administration or other rules adopted by the supreme court for the efficient administration of justice.

  14. Tex. Government Code Sec. 72.027. ADDITIONAL DUTIES. The supreme court or the chief justice of the supreme court may assign the director duties in addition to those imposed by this chapter.

  15. Tex. Government Code Sec. 72.028. GIFTS, GRANTS, AND DONATIONS.

  16. Tex. Government Code Sec. 72.029. GRANTS FOR COURT SYSTEM ENHANCEMENTS.

  17. Tex. Government Code Sec. 72.030. COLLECTION OF DATA RELATING TO JUDICIAL TURNOVER.

  18. Tex. Government Code Sec. 72.031. ELECTRONIC FILING SYSTEM.

  19. Tex. Government Code Sec. 72.032. BEST PRACTICES EDUCATION. The director shall make available to courts information concerning best practices for addressing the needs of persons with mental illness in the court system, including the use of the preferred terms and phrases provided by Section 392.002.

  20. Tex. Government Code Sec. 72.033. LIST OF NEW OR AMENDED COURT COSTS AND FEES. The office biennially shall prepare and publish a list of new or amended court costs and fees as required by Section 51.607.

  21. Tex. Government Code Sec. 72.034. PUBLIC INFORMATION INTERNET WEBSITE.

  22. Tex. Government Code Sec. 72.035. SETTLEMENT AGREEMENT DATABASE.

  23. Tex. Government Code Sec. 72.036. TRAINING ON EDUCATIONAL AND VOCATIONAL TRAINING PILOT PROGRAM. The office shall develop and annually provide a training program to educate and inform judges on the components of the pilot program established under Section 493.034.

  24. Tex. Government Code Sec. 72.037. TRANSFER CERTIFICATE AND INDEX OF TRANSFERRED DOCUMENTS FORM.

  25. Tex. Government Code Sec. 72.038. BAIL FORM.

  26. Tex. Government Code Sec. 72.039. PROTECTIVE ORDER APPLICATIONS, FORMS, AND MATERIALS.

  27. Tex. Government Code Sec. 72.0395. DISTRICT COURT CASELOAD ANALYSIS.

  28. Tex. Government Code Sec. 72.0396. JUDICIAL TRANSPARENCY INFORMATION.

  29. Tex. Government Code Sec. 72.041. DIVERSITY. The judges of the supreme court, court of criminal appeals, and courts of appeals shall encourage the recruitment of judicial law clerks and staff attorneys that reflect the gender, racial, and ethnic diversity of this state.

  30. Tex. Government Code Sec. 72.042. DEMOGRAPHIC CENSUS.

  31. Tex. Government Code Sec. 72.081. RULES. The office shall adopt rules and forms for administering this subchapter and for obtaining information under this subchapter.

  32. Tex. Government Code Sec. 72.082. PERFORMANCE REPORT. The office shall annually collect and publish a performance report of information regarding the efficiency of the courts of this state. The report must include disaggregated performance measures for each appellate court, district court, statutory county court, statutory probate court, and county court.

  33. Tex. Government Code Sec. 72.083. TRIAL COURTS.

  34. Tex. Government Code Sec. 72.084. COURT OF APPEALS. Each month, a court of appeals shall report to the office:

  35. Tex. Government Code Sec. 72.085. COURT OF CRIMINAL APPEALS. The court of criminal appeals shall annually report to the office:

  36. Tex. Government Code Sec. 72.086. SUPREME COURT.

  37. Tex. Government Code Sec. 72.087. CAPITAL TRIALS.

  38. Tex. Government Code Sec. 72.121. DEFINITIONS. In this subchapter:

  39. Tex. Government Code Sec. 72.122. ESTABLISHMENT OF PROGRAM.

  40. Tex. Government Code Sec. 72.1221. PROGRAM ACCESS TO FINANCIAL RECORDS.

  41. Tex. Government Code Sec. 72.123. NOTIFICATION OF STATE COMMISSION ON JUDICIAL CONDUCT. The director may notify the State Commission on Judicial Conduct in writing if the office has reason to believe that a judge's actions or failure to act with respect to a report received from a guardianship compliance specialist indicating a concern described by Section 72.122(a)(1)(D) constitutes judicial misconduct.

  42. Tex. Government Code Sec. 72.124. ANNUAL REPORT. Not later than January 1 of each year, the office shall submit a report to the legislature regarding the performance of the program. The report must include:

  43. Tex. Government Code Sec. 72.151. DEFINITIONS. In this subchapter:

  44. Tex. Government Code Sec. 72.152. APPLICABILITY. This subchapter applies only to:

  45. Tex. Government Code Sec. 72.153. PROTECTIVE ORDER REGISTRY.

  46. Tex. Government Code Sec. 72.154. PUBLIC ACCESS TO PROTECTIVE ORDER REGISTRY.

  47. Tex. Government Code Sec. 72.155. RESTRICTED ACCESS TO PROTECTIVE ORDER REGISTRY.

  48. Tex. Government Code Sec. 72.156. ENTRY OF APPLICATIONS.

  49. Tex. Government Code Sec. 72.157. ENTRY OF ORDERS.

  50. Tex. Government Code Sec. 72.158. REQUEST FOR GRANT OR REMOVAL OF PUBLIC ACCESS.

  51. Tex. Government Code Sec. 72.201. DEFINITIONS. In this subchapter:

  52. Tex. Government Code Sec. 72.202. TEXAS FORENSIC ANALYST APPRENTICESHIP PILOT PROGRAM.

  53. Tex. Government Code Sec. 72.203. FORENSIC ANALYST APPRENTICE POSITIONS; RULES.

  54. Tex. Government Code Sec. 72.204. EXPIRATION. This subchapter expires September 1, 2030.

Chapter 73

  1. Tex. Government Code Sec. 73.001. AUTHORITY TO TRANSFER.

  2. Tex. Government Code Sec. 73.002. JURISDICTION WHEN TRANSFERRED.

  3. Tex. Government Code Sec. 73.003. ORAL ARGUMENT.

Chapter 74

  1. Tex. Government Code Sec. 74.001. MEETINGS.

  2. Tex. Government Code Sec. 74.003. ASSIGNMENT OF JUSTICES AND JUDGES FOR APPELLATE COURTS.

  3. Tex. Government Code Sec. 74.004. SUPERVISION OF OFFICE OF COURT ADMINISTRATION. The chief justice shall direct and supervise the office of court administration.

  4. Tex. Government Code Sec. 74.005. APPOINTMENT OF PRESIDING JUDGES OF ADMINISTRATIVE JUDICIAL REGIONS.

  5. Tex. Government Code Sec. 74.006. SUPREME COURT DUTIES. The chief justice shall ensure that the supreme court executes and implements the court's administrative duties and responsibilities under this chapter.

  6. Tex. Government Code Sec. 74.007. COMMITTEES. The chief justice, subject to the approval of the supreme court, shall name and appoint members to committees necessary or desirable for the efficient administration of justice or to carry out the provisions of this chapter.

  7. Tex. Government Code Sec. 74.021. SUPERVISORY AND ADMINISTRATIVE CONTROL. The supreme court has supervisory and administrative control over the judicial branch and is responsible for the orderly and efficient administration of justice.

  8. Tex. Government Code Sec. 74.022. CHANGES IN NUMBER OF COURTS.

  9. Tex. Government Code Sec. 74.023. DIRECTOR OF OFFICE OF COURT ADMINISTRATION.

  10. Tex. Government Code Sec. 74.024. RULES.

  11. Tex. Government Code Sec. 74.025. EDUCATION PROGRAMS. The court of criminal appeals shall, if adequate funding is available for education programs for judges and court personnel, ensure that adequate education programs are available on an equitable basis for judges and court personnel of courts created under the constitution and laws of this state.

  12. Tex. Government Code Sec. 74.041. DEFINITIONS. In this chapter:

  13. Tex. Government Code Sec. 74.042. ADMINISTRATIVE REGIONS.

  14. Tex. Government Code Sec. 74.043. FACILITIES; FUNDING.

  15. Tex. Government Code Sec. 74.044. TERM OF PRESIDING JUDGE. A presiding judge serves for a term of office of four years from the date of qualification as the presiding judge.

  16. Tex. Government Code Sec. 74.045. QUALIFICATIONS OF PRESIDING JUDGE.

  17. Tex. Government Code Sec. 74.046. DUTIES OF PRESIDING JUDGE.

  18. Tex. Government Code Sec. 74.047. AUTHORITY OF PRESIDING JUDGE. A presiding judge may perform the acts necessary to carry out the provisions of this chapter and to improve the management of the court system and the administration of justice.

  19. Tex. Government Code Sec. 74.048. COUNCIL OF JUDGES.

  20. Tex. Government Code Sec. 74.049. PERFORMANCE OF DUTIES BY CHIEF JUSTICE. The chief justice may make assignments within an administrative region and perform the other duties of a presiding judge in the following situations:

  21. Tex. Government Code Sec. 74.050. SUPPORT STAFF.

  22. Tex. Government Code Sec. 74.051. COMPENSATION.

  23. Tex. Government Code Sec. 74.052. ASSIGNMENT OF JUDGES.

  24. Tex. Government Code Sec. 74.053. OBJECTION TO JUDGE ASSIGNED TO A TRIAL COURT.

  25. Tex. Government Code Sec. 74.054. JUDGES SUBJECT TO ASSIGNMENT.

  26. Tex. Government Code Sec. 74.055. LIST OF RETIRED AND FORMER JUDGES SUBJECT TO ASSIGNMENT.

  27. Tex. Government Code Sec. 74.0551. CERTIFICATION OF WILLINGNESS NOT TO APPEAR AND PLEAD AS AN ATTORNEY.

  28. Tex. Government Code Sec. 74.056. ASSIGNMENT BY PRESIDING JUDGE.

  29. Tex. Government Code Sec. 74.057. ASSIGNMENT BY CHIEF JUSTICE.

  30. Tex. Government Code Sec. 74.058. DUTY TO SERVE WHEN ASSIGNED.

  31. Tex. Government Code Sec. 74.059. POWERS AND DUTIES.

  32. Tex. Government Code Sec. 74.060. LIMITATION ON ASSIGNMENT.

  33. Tex. Government Code Sec. 74.061. COMPENSATION WHILE ASSIGNED.

  34. Tex. Government Code Sec. 74.062. EXPENSES AT MEETINGS. A judge who is required to attend an annual or special meeting prescribed by this chapter, or an educational course required by law, in addition to all other compensation allowed by law, is entitled to receive his actual travel expenses going to and returning from the place of the meeting or course and his actual expenses while attending the meeting or course.

  35. Tex. Government Code Sec. 74.091. LOCAL ADMINISTRATIVE DISTRICT JUDGE.

  36. Tex. Government Code Sec. 74.0911. LOCAL ADMINISTRATIVE STATUTORY COUNTY COURT JUDGE.

  37. Tex. Government Code Sec. 74.092. DUTIES OF LOCAL ADMINISTRATIVE JUDGE.

  38. Tex. Government Code Sec. 74.0922. DUTIES OF COURT SECURITY COMMITTEE. A court security committee established under Section 74.092(a)(13) shall meet at least once annually and shall develop and submit recommendations to the county commissioners court on the uses of resources and expenditures of money for courthouse security, but may not direct the assignment of those resources or the expenditure of those funds.

  39. Tex. Government Code Sec. 74.093. RULES OF ADMINISTRATION.

  40. Tex. Government Code Sec. 74.094. HEARING CASES.

  41. Tex. Government Code Sec. 74.096. TERMS OF COURT. The terms of all courts covered by this subchapter begin on the first Monday in January and the first Monday in July of each year, except as may otherwise be provided by law. Each term of court continues until the next succeeding term begins.

  42. Tex. Government Code Sec. 74.097. LOCAL ADMINISTRATIVE DISTRICT JUDGE FOR BLANCO, BURNET, LLANO, AND SAN SABA COUNTIES. Notwithstanding Section 74.091(b), the local administrative district judge for Blanco, Burnet, Llano, and San Saba Counties is selected on the basis of seniority from the district judges of the 33rd Judicial District and the 424th Judicial District.

  43. Tex. Government Code Sec. 74.0971. LOCAL ADMINISTRATIVE DISTRICT JUDGE FOR CORYELL COUNTY. Notwithstanding Section 74.091(b), the local administrative district judge for Coryell County is selected on the basis of seniority from the district judges of the 52nd Judicial District and the 440th Judicial District.

  44. Tex. Government Code Sec. 74.0981. COURT LEADERSHIP CONFERENCE. The Office of Court Administration of the Texas Judicial System shall hold an annual leadership conference to provide information to presiding judges of administrative regions, local administrative judges, and court administrators related to:

  45. Tex. Government Code Sec. 74.0982. REIMBURSEMENT. The Office of Court Administration of the Texas Judicial System may reimburse a presiding judge of an administrative region, a local administrative judge, or a court administrator for the expense of attending the leadership conference described by Section 74.0981 to the extent money is appropriated to the office for that purpose.

  46. Tex. Government Code Sec. 74.101. COURT COORDINATORS.

  47. Tex. Government Code Sec. 74.102. DUTIES.

  48. Tex. Government Code Sec. 74.103. STAFF. The courts may appoint appropriate staff and support personnel according to the needs in each county.

  49. Tex. Government Code Sec. 74.104. COMPENSATION.

  50. Tex. Government Code Sec. 74.105. OTHER LAW. This subchapter does not affect other provisions of law relating to the pay and duties of court administrators, court managers, and court coordinators.

  51. Tex. Government Code Sec. 74.106. CONTINUING EDUCATION.

  52. Tex. Government Code Sec. 74.121. TRANSFER OF CASES; EXCHANGE OF BENCHES.

  53. Tex. Government Code Sec. 74.141. DEFENSE OF JUDGES. The attorney general shall defend a state district judge, a business court judge, a presiding judge of an administrative region, the presiding judge of the statutory probate courts, a visiting judge assigned to hear a guardianship or probate matter by the presiding judge of the statutory probate courts, or an active, retired, or former judge assigned under this chapter in any action or suit in any court in which the judge is a defendant because of the judge's office or capacity as judge if the judge requests the attorney general's assistance in the defense of the suit.

  54. Tex. Government Code Sec. 74.161. JUDICIAL PANEL ON MULTIDISTRICT LITIGATION.

  55. Tex. Government Code Sec. 74.162. TRANSFER OF CASES BY PANEL. Subject to Section 74.1625 and notwithstanding any other law, the judicial panel on multidistrict litigation may transfer civil actions involving one or more common questions of fact pending in the same or different constitutional courts, county courts at law, probate courts, district courts, or the business court to any district court or to the business court if the business court has jurisdiction for consolidated or coordinated pretrial proceedings, including summary judgment or other dispositive motions, but not for trial on the merits. A transfer may be made by the judicial panel on multidistrict litigation on its determination that the transfer will:

  56. Tex. Government Code Sec. 74.1625. PROHIBITED TRANSFER OF CASES.

  57. Tex. Government Code Sec. 74.163. OPERATION; RULES.

  58. Tex. Government Code Sec. 74.164. AUTHORITY TO PRESIDE. Notwithstanding any other law to the contrary, a judge who is qualified and authorized by law to preside in the court to which an action is transferred under this subchapter may preside over the transferred action as if the transferred action were originally filed in the transferor court.

  59. Tex. Government Code Sec. 74.201. STAFF. A district judge who presides over multidistrict litigation involving claims for asbestos-related or silica-related injuries may appoint one briefing attorney and not more than three clerks to assist the judge.

  60. Tex. Government Code Sec. 74.251. APPLICABILITY OF SUBCHAPTER. This subchapter does not apply to:

  61. Tex. Government Code Sec. 74.252. RULES TO GUIDE DETERMINATION OF WHETHER CASE REQUIRES ADDITIONAL RESOURCES.

  62. Tex. Government Code Sec. 74.253. JUDICIAL DETERMINATION.

  63. Tex. Government Code Sec. 74.254. JUDICIAL COMMITTEE FOR ADDITIONAL RESOURCES.

  64. Tex. Government Code Sec. 74.255. COST OF ADDITIONAL RESOURCES. The cost of additional resources provided for a case under this subchapter shall be paid by the state and may not be taxed against any party in the case for which the resources are provided or against the county in which the case is pending.

  65. Tex. Government Code Sec. 74.256. NO STAY OR CONTINUANCE PENDING DETERMINATION. The filing of a motion under Section 74.253 in a case is not grounds for a stay or continuance of the proceedings in the case in the court in which the case is pending during the period the motion or request is being considered by:

  66. Tex. Government Code Sec. 74.257. APPELLATE REVIEW. A determination made by a trial court judge, the presiding judge of an administrative judicial region, or the judicial committee for additional resources under this subchapter is not appealable or subject to review by mandamus.

Chapter 75

  1. Tex. Government Code Sec. 75.001. JUDICIAL RETIREE ELECTION TO BE JUDICIAL OFFICER.

  2. Tex. Government Code Sec. 75.002. ASSIGNMENT OF RETIREE AS JUDICIAL OFFICER.

  3. Tex. Government Code Sec. 75.003. ASSIGNMENT OF FORMER APPELLATE JUDGE.

  4. Tex. Government Code Sec. 75.004. EMPLOYEE STATUS. A former or retired judge or justice who is assigned under this subchapter is not an employee of the county in which the assigned court is located.

  5. Tex. Government Code Sec. 75.012. PRESIDING CIVIL JUDGE OF BEXAR COUNTY.

  6. Tex. Government Code Sec. 75.013. PRESIDING CRIMINAL JUDGE OF BEXAR COUNTY.

  7. Tex. Government Code Sec. 75.014. EL PASO COUNCIL OF JUDGES.

  8. Tex. Government Code Sec. 75.015. EL PASO COUNTY JUDGE ASSIGNMENTS.

  9. Tex. Government Code Sec. 75.016. PRESIDING CRIMINAL JUDGE OF TRAVIS COUNTY.

  10. Tex. Government Code Sec. 75.201. ASSIGNMENT CLERKS IN DALLAS AND TARRANT COUNTIES.

  11. Tex. Government Code Sec. 75.202. ASSIGNMENT CLERKS IN NUECES COUNTY.

  12. Tex. Government Code Sec. 75.203. ASSIGNMENT CLERKS IN BEXAR COUNTY.

  13. Tex. Government Code Sec. 75.204. TERM. An assignment clerk authorized by this subchapter is appointed for a term of two years but is subject to dismissal by a majority of the district judges for inefficiency or misconduct.

  14. Tex. Government Code Sec. 75.401. COURT ADMINISTRATOR SYSTEM FOR DISTRICT AND STATUTORY COUNTY COURTS IN CERTAIN COUNTIES.

  15. Tex. Government Code Sec. 75.402. COURT MANAGER AND COORDINATOR SYSTEM FOR CERTAIN HARRIS COUNTY COURTS.

  16. Tex. Government Code Sec. 75.403. PRESIDING JUDGE FOR CERTAIN HARRIS COUNTY COURTS.

  17. Tex. Government Code Sec. 75.404. PRESIDING JUDGE FOR HARRIS COUNTY JUSTICE COURTS.

  18. Tex. Government Code Sec. 75.501. APPLICATION. This Act applies to the district courts and to the county courts at law that give preference to criminal cases in Jefferson County.

  19. Tex. Government Code Sec. 75.502. ESTABLISHMENT OF SYSTEM. The courts may establish a court administrator system to improve criminal justice and to expedite the processing of criminal cases.

  20. Tex. Government Code Sec. 75.503. APPOINTMENT AND DUTIES OF COURT ADMINISTRATOR.

  21. Tex. Government Code Sec. 75.504. STAFF.

  22. Tex. Government Code Sec. 75.505. COMPENSATION AND FACILITIES. The court administrator and the staff are entitled to reasonable compensation, facilities, and equipment as determined by the commissioners court.

  23. Tex. Government Code Sec. 75.521. APPLICATION. This subchapter applies to the district courts and county courts at law in Fort Bend County.

  24. Tex. Government Code Sec. 75.522. ESTABLISHMENT OF SYSTEM. The courts may establish a court administrator system to improve the administration of justice and to expedite the processing of civil and criminal cases.

  25. Tex. Government Code Sec. 75.523. APPOINTMENT AND DUTIES OF COURT ADMINISTRATOR.

  26. Tex. Government Code Sec. 75.524. COMPENSATION AND FACILITIES. A court administrator is entitled to reasonable compensation, facilities, and equipment as determined by the judges of the courts served, with the approval of the commissioners court. The commissioners court shall fund the court administrator system from general funds of the county.

  27. Tex. Government Code Sec. 75.525. STAFF. The judges of the courts served by the court administrator may appoint the necessary staff and support personnel for the court administrator.

  28. Tex. Government Code Sec. 75.551. OBJECTION TO JUDGE OR JUSTICE ASSIGNED TO AN APPELLATE COURT.

  29. Tex. Government Code Sec. 75.601. ESTABLISHMENT OF STATE PROGRAM FOR PARTICIPATING COUNTIES.

  30. Tex. Government Code Sec. 75.602. ESTABLISHMENT OF COUNTY PROGRAMS.

  31. Tex. Government Code Sec. 75.603. MUNICIPAL PROGRAM.

Chapter 76

  1. Tex. Government Code Sec. 76.001. DEFINITIONS. In this chapter:

  2. Tex. Government Code Sec. 76.002. ESTABLISHMENT OF DEPARTMENTS.

  3. Tex. Government Code Sec. 76.003. COMMUNITY JUSTICE COUNCIL.

  4. Tex. Government Code Sec. 76.004. DEPARTMENT DIRECTOR; FISCAL OFFICER.

  5. Tex. Government Code Sec. 76.0045. JUDICIAL RESPONSIBILITIES; IMMUNITY.

  6. Tex. Government Code Sec. 76.005. STANDARDS FOR OFFICERS.

  7. Tex. Government Code Sec. 76.0051. AUTHORIZATION TO CARRY WEAPON. An officer is authorized to carry a weapon while engaged in the actual discharge of the officer's duties only if:

  8. Tex. Government Code Sec. 76.006. EMPLOYEE STATUS AND BENEFITS.

  9. Tex. Government Code Sec. 76.007. PUBLIC FUNDS, GRANTS, AND GIFTS. A department may accept public funds and grants and gifts from any source for the purpose of financing programs and facilities. A municipality, county, or other political subdivision may make grants to a department for those purposes.

  10. Tex. Government Code Sec. 76.008. FINANCIAL RESPONSIBILITIES OF COUNTIES.

  11. Tex. Government Code Sec. 76.009. FINANCIAL RESPONSIBILITIES OF DISTRICTS.

  12. Tex. Government Code Sec. 76.010. STATE FUNDS OR GUARANTEES FOR CORRECTIONS FACILITIES.

  13. Tex. Government Code Sec. 76.011. OPERATION OF CERTAIN SERVICES AND PROGRAMS.

  14. Tex. Government Code Sec. 76.012. REPORTING AND MANAGEMENT SERVICES. A department may enter into a contract with a public or private vendor to provide telephone reporting, automated caseload management, and collection services for fines, fees, restitution, and other costs ordered to be paid by a court or fees imposed by a department.

  15. Tex. Government Code Sec. 76.013. RESTITUTION.

  16. Tex. Government Code Sec. 76.014. ASSESSMENT AND ENHANCEMENT OF DEFENDANT'S EDUCATIONAL SKILLS.

  17. Tex. Government Code Sec. 76.015. REIMBURSEMENT FEE.

  18. Tex. Government Code Sec. 76.016. VICTIM NOTIFICATION.

  19. Tex. Government Code Sec. 76.017. TREATMENT ALTERNATIVE TO INCARCERATION PROGRAM.

  20. Tex. Government Code Sec. 76.018. APPLICATION OF LAW RELATING TO FREE EXERCISE OF RELIGION. For purposes of Chapter 110, Civil Practice and Remedies Code, an ordinance, rule, order, decision, or practice that applies to a person in the custody of a correctional facility operated by or under a contract with a community supervision and corrections department is presumed to be in furtherance of a compelling governmental interest and the least restrictive means of furthering that interest. The presumption may be rebutted.

  21. Tex. Government Code Sec. 76.019. SUPERVISION OFFICER MEETINGS AND VISITS.

Chapter 77

  1. Tex. Government Code Sec. 77.001. DEFINITIONS. In this chapter:

  2. Tex. Government Code Sec. 77.011. JUDICIAL COMMITTEE ON INFORMATION TECHNOLOGY.

  3. Tex. Government Code Sec. 77.012. MEMBERS.

  4. Tex. Government Code Sec. 77.013. COMPENSATION. A member of the committee is not entitled to compensation but is entitled to reimbursement of travel expenses incurred by the member while conducting the business of the committee, as provided in the General Appropriations Act.

  5. Tex. Government Code Sec. 77.014. STAFF. The Office of Court Administration of the Texas Judicial System shall provide staff for the committee.

  6. Tex. Government Code Sec. 77.031. GENERAL POWERS AND DUTIES. The committee shall:

Chapter 78

  1. Tex. Government Code Sec. 78.001. DEFINITIONS. In this subchapter:

  2. Tex. Government Code Sec. 78.002. ESTABLISHMENT OF COMMITTEE; DUTIES.

  3. Tex. Government Code Sec. 78.003. APPOINTMENT AND COMPOSITION OF COMMITTEE.

  4. Tex. Government Code Sec. 78.004. RECOMMENDATION AND APPOINTMENT OF DIRECTOR OF OFFICE OF CAPITAL AND FORENSIC WRITS.

  5. Tex. Government Code Sec. 78.051. DEFINITIONS. In this subchapter:

  6. Tex. Government Code Sec. 78.052. ESTABLISHMENT; FUNDING.

  7. Tex. Government Code Sec. 78.053. DIRECTOR; STAFF.

  8. Tex. Government Code Sec. 78.054. POWERS AND DUTIES.

  9. Tex. Government Code Sec. 78.055. COMPENSATION OF OTHER APPOINTED ATTORNEYS. If it is necessary that an attorney other than an attorney employed by the office be appointed, that attorney shall be compensated as provided by Articles 11.071 and 26.05, Code of Criminal Procedure.

  10. Tex. Government Code Sec. 78.056. APPOINTMENT LIST.

Chapter 79

  1. Tex. Government Code Sec. 79.001. DEFINITIONS. In this chapter:

  2. Tex. Government Code Sec. 79.002. ESTABLISHMENT OF COMMISSION.

  3. Tex. Government Code Sec. 79.011. ESTABLISHMENT OF BOARD; COMPOSITION.

  4. Tex. Government Code Sec. 79.012. EXECUTIVE DIRECTOR.

  5. Tex. Government Code Sec. 79.013. EX OFFICIO MEMBERS. The ex officio members of the board are:

  6. Tex. Government Code Sec. 79.014. APPOINTMENTS.

  7. Tex. Government Code Sec. 79.015. PRESIDING OFFICER. The board shall select a chair from among its members.

  8. Tex. Government Code Sec. 79.016. DISCLOSURE REQUIRED.

  9. Tex. Government Code Sec. 79.017. VACANCIES. A vacancy on the board must be filled for the unexpired term in the same manner as the original appointment.

  10. Tex. Government Code Sec. 79.018. MEETINGS; QUORUM; VOTING.

  11. Tex. Government Code Sec. 79.019. COMPENSATION. A board member may not receive compensation for services on the board but is entitled to be reimbursed for actual and necessary expenses incurred in discharging board duties. The expenses are paid from funds appropriated to the board.

  12. Tex. Government Code Sec. 79.020. IMMUNITY FROM LIABILITY. A member of the board performing duties on behalf of the board is not liable for damages arising from an act or omission within the scope of those duties.

  13. Tex. Government Code Sec. 79.021. RULES. The board shall adopt rules as necessary to implement this chapter.

  14. Tex. Government Code Sec. 79.031. FAIR DEFENSE ACCOUNT. The fair defense account is an account in the general revenue fund that may be appropriated only to:

  15. Tex. Government Code Sec. 79.032. ACCEPTANCE OF GIFTS, GRANTS, AND OTHER FUNDS; STATE GRANTS TEAM.

  16. Tex. Government Code Sec. 79.033. ADMINISTRATIVE ATTACHMENT; SUPPORT; BUDGET.

  17. Tex. Government Code Sec. 79.034. POLICIES AND STANDARDS.

  18. Tex. Government Code Sec. 79.035. COUNTY REPORTING PLAN; COMMISSION REPORTS.

  19. Tex. Government Code Sec. 79.036. INDIGENT DEFENSE INFORMATION.

  20. Tex. Government Code Sec. 79.0365. FAMILY PROTECTION SERVICES INFORMATION.

  21. Tex. Government Code Sec. 79.037. TECHNICAL SUPPORT; GRANTS.

  22. Tex. Government Code Sec. 79.039. EXONERATION REPORT.

  23. Tex. Government Code Sec. 79.040. INDIGENT DEFENSE INFORMATION SYSTEM.

  24. Tex. Government Code Sec. 79.041. FAMILY PROTECTION SERVICES INFORMATION SYSTEM.

  25. Tex. Government Code Sec. 79.042. SUCCESSION PLAN FOR CERTAIN PUBLIC DEFENDERS' OFFICES.

Chapter 80

  1. Tex. Government Code Sec. 80.001. DELIVERY OF NOTICE OR DOCUMENT. A court, justice, judge, magistrate, or clerk may send any notice or document by a method authorized by Section 80.002(a).

  2. Tex. Government Code Sec. 80.002. DELIVERY OF NOTICE, ORDER, OR DOCUMENT.

  3. Tex. Government Code Sec. 80.003. ELECTRONIC MAIL ADDRESS.

  4. Tex. Government Code Sec. 80.004. MAIL.

  5. Tex. Government Code Sec. 80.005. ELECTRONIC MAIL.

Chapter 81

  1. Tex. Government Code Sec. 81.001. SHORT TITLE. This chapter may be cited as the State Bar Act.

  2. Tex. Government Code Sec. 81.002. DEFINITIONS. In this chapter:

  3. Tex. Government Code Sec. 81.003. SUNSET PROVISION. The state bar is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, this chapter expires September 1, 2029.

  4. Tex. Government Code Sec. 81.011. GENERAL POWERS.

  5. Tex. Government Code Sec. 81.012. PURPOSES. In order that the public responsibilities of the legal profession may be more effectively discharged, the state bar has the following purposes:

  6. Tex. Government Code Sec. 81.013. SEAL. The state bar has an official seal, which may not be used for private purposes.

  7. Tex. Government Code Sec. 81.014. SUITS. The state bar may sue and be sued in its own name.

  8. Tex. Government Code Sec. 81.015. CONTRACTS. To carry out and promote the objectives of this chapter, the state bar may enter into contracts and do all other acts incidental to those contracts that are necessary or expedient for the administration of its affairs and for the attainment of its purposes.

  9. Tex. Government Code Sec. 81.0151. PURCHASING. The board of directors shall adopt guidelines and procedures for purchasing that are consistent with the guidelines and procedures in Chapters 2155-2158. Purchases are subject to the ultimate review of the supreme court. The state bar shall maintain reports on state bar purchases and shall make those reports available for review by the state auditor.

  10. Tex. Government Code Sec. 81.016. PROPERTY.

  11. Tex. Government Code Sec. 81.017. INDEBTEDNESS, LIABILITY, OR OBLIGATION.

  12. Tex. Government Code Sec. 81.018. CONTRACTUAL OBLIGATIONS. Any bond, note, debenture, evidence of indebtedness, mortgage, deed of trust, assignment, pledge, contract, lease, agreement, or other contractual obligation owed to or by the state bar on June 11, 1979, remains in force and effect according to the terms of the obligation.

  13. Tex. Government Code Sec. 81.019. OFFICERS OF STATE BAR.

  14. Tex. Government Code Sec. 81.020. BOARD OF DIRECTORS.

  15. Tex. Government Code Sec. 81.0201. TRAINING PROGRAM FOR BOARD MEMBERS.

  16. Tex. Government Code Sec. 81.021. OPEN MEETINGS; PUBLIC PARTICIPATION.

  17. Tex. Government Code Sec. 81.0215. STRATEGIC PLAN.

  18. Tex. Government Code Sec. 81.022. ANNUAL BUDGET; PUBLIC BUDGET HEARING.

  19. Tex. Government Code Sec. 81.0221. ALCOHOLIC BEVERAGES. None of the funds of the state bar collected from mandatory dues may be used for the purchase of alcoholic beverages.

  20. Tex. Government Code Sec. 81.023. AUDIT; FINANCIAL REPORT.

  21. Tex. Government Code Sec. 81.024. RULES.

  22. Tex. Government Code Sec. 81.0241. ELECTRONIC TRANSMISSION OF ELECTION MATERIALS.

  23. Tex. Government Code Sec. 81.0242. PARTICIPATION IN ELECTIONS. The state bar, in the manner provided by the supreme court, shall:

  24. Tex. Government Code Sec. 81.025. BAR DISTRICTS.

  25. Tex. Government Code Sec. 81.026. COMMITTEES AND SECTIONS.

  26. Tex. Government Code Sec. 81.027. REMOVAL OF DIRECTOR.

  27. Tex. Government Code Sec. 81.028. RELATIONSHIP WITH TRADE ASSOCIATION.

  28. Tex. Government Code Sec. 81.029. EXECUTIVE DIRECTOR.

  29. Tex. Government Code Sec. 81.030. GENERAL COUNSEL.

  30. Tex. Government Code Sec. 81.031. CONFLICT OF INTEREST.

  31. Tex. Government Code Sec. 81.032. DEPUTY CLERK.

  32. Tex. Government Code Sec. 81.033. OPEN RECORDS.

  33. Tex. Government Code Sec. 81.034. RESTRICTION ON USE OF FUNDS. Fees collected under this chapter and other funds received by the state bar may not be used for influencing the passage or defeat of any legislative measure unless the measure relates to the regulation of the legal profession, improving the quality of legal services, or the administration of justice and the amount of the expenditure is reasonable and necessary. This subsection does not prohibit a member of the board of directors or an officer or employee of the state bar from furnishing information in the person's possession that is not confidential information to a member or committee of the legislature on request of the member or committee.

  34. Tex. Government Code Sec. 81.035. INFORMATION REGARDING REQUIREMENTS FOR OFFICE OR EMPLOYMENT. The executive director or the executive director's designee shall provide to members of the board of directors and to agency employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.

  35. Tex. Government Code Sec. 81.036. INFORMATION ON CERTAIN COMPLAINTS.

  36. Tex. Government Code Sec. 81.038. USE OF TECHNOLOGY. The board of directors shall develop and implement a policy requiring the executive director and state bar employees to research and propose appropriate technological solutions to improve the state bar's ability to perform its functions. The technological solutions must:

  37. Tex. Government Code Sec. 81.051. BAR MEMBERSHIP REQUIRED.

  38. Tex. Government Code Sec. 81.052. MEMBERSHIP CLASSES.

  39. Tex. Government Code Sec. 81.053. STATUS OF CERTAIN MEMBERSHIP CLASSES.

  40. Tex. Government Code Sec. 81.054. MEMBERSHIP FEES AND ADDITIONAL FEES.

  41. Tex. Government Code Sec. 81.061. SUPREME COURT JURISDICTION EXCLUSIVE. Rules governing the admission to the practice of law are within the exclusive jurisdiction of the supreme court. The officers and directors of the state bar do not have authority to approve or disapprove of any rule governing admissions to the practice of law or to regulate or administer those admissions standards.

  42. Tex. Government Code Sec. 81.062. STATE BAR ADMISSION AND RELIGIOUS BELIEF. In establishing the rules governing the admission to the practice of law under Section 81.061, the supreme court shall ensure that no rule violates Chapter 110, Civil Practice and Remedies Code.

  43. Tex. Government Code Sec. 81.071. DISCIPLINARY JURISDICTION. Each attorney admitted to practice in this state and each attorney specially admitted by a court of this state for a particular proceeding is subject to the disciplinary and disability jurisdiction of the supreme court and the Commission for Lawyer Discipline, a committee of the state bar.

  44. Tex. Government Code Sec. 81.072. GENERAL DISCIPLINARY AND DISABILITY PROCEDURES.

  45. Tex. Government Code Sec. 81.073. CLASSIFICATION OF GRIEVANCES.

  46. Tex. Government Code Sec. 81.074. DISPOSITION OF INQUIRIES. The chief disciplinary counsel shall:

  47. Tex. Government Code Sec. 81.075. DISPOSITION OF COMPLAINTS.

  48. Tex. Government Code Sec. 81.0751. APPEALS.

  49. Tex. Government Code Sec. 81.0752. CONFIDENTIALITY.

  50. Tex. Government Code Sec. 81.0753. RULES REGARDING GRIEVANCES. The supreme court shall promulgate rules regarding the classification and disposition of grievances, including rules specifying time limits for each stage of the grievance resolution process.

  51. Tex. Government Code Sec. 81.076. COMMISSION FOR LAWYER DISCIPLINE.

  52. Tex. Government Code Sec. 81.077. DISBARMENT PROCEEDINGS.

  53. Tex. Government Code Sec. 81.078. DISCIPLINARY PROCEEDINGS.

  54. Tex. Government Code Sec. 81.079. PUBLIC NOTIFICATION AND INFORMATION.

  55. Tex. Government Code Sec. 81.080. ISSUANCE OF SUBPOENA; OBJECTION.

  56. Tex. Government Code Sec. 81.081. ATTORNEY SELF-REPORTING. The chief disciplinary counsel shall develop guidelines and a procedure for an attorney to self-report:

  57. Tex. Government Code Sec. 81.082. PROCESS TO IDENTIFY COMPLAINTS SUITABLE FOR SETTLEMENT OR INVESTIGATORY HEARING.

  58. Tex. Government Code Sec. 81.083. SANCTION GUIDELINES.

  59. Tex. Government Code Sec. 81.084. GRIEVANCE TRACKING SYSTEM.

  60. Tex. Government Code Sec. 81.085. REGULAR SEARCH OF NATIONAL LAWYER REGULATORY DATA BANK. The chief disciplinary counsel shall establish a process to regularly search the National Lawyer Regulatory Data Bank maintained by the American Bar Association to identify a member of the state bar who is disciplined in another state.

  61. Tex. Government Code Sec. 81.086. TELECONFERENCE. The chief disciplinary counsel may hold investigatory and disciplinary hearings by teleconference.

  62. Tex. Government Code Sec. 81.0871. DEFINITION. In this subchapter, "committee" means the Committee on Disciplinary Rules and Referenda.

  63. Tex. Government Code Sec. 81.0872. ESTABLISHMENT OF COMMITTEE.

  64. Tex. Government Code Sec. 81.0873. COMMITTEE DUTIES. The committee shall:

  65. Tex. Government Code Sec. 81.0874. STAFF ATTORNEY. The state bar may hire a staff attorney to assist the committee.

  66. Tex. Government Code Sec. 81.0875. INITIATION OF RULE PROPOSAL PROCESS.

  67. Tex. Government Code Sec. 81.0876. RULE PROPOSAL.

  68. Tex. Government Code Sec. 81.0877. APPROVAL OF PROPOSED DISCIPLINARY RULE BY BOARD OF DIRECTORS.

  69. Tex. Government Code Sec. 81.0878. REFERENDUM VOTE BY STATE BAR MEMBERS.

  70. Tex. Government Code Sec. 81.0879. SUPREME COURT APPROVAL OR REJECTION. The supreme court by majority vote may approve or reject a proposed disciplinary rule in its entirety, but may not approve or reject only part of the rule. If the supreme court does not vote on the rule on or before the 120th day after the date the rule is approved by bar members under Section 81.0878, the rule is considered approved by the supreme court.

  71. Tex. Government Code Sec. 81.08791. RULE DELIBERATIONS.

  72. Tex. Government Code Sec. 81.08792. PROPOSED DISCIPLINARY RULE APPROVAL REQUIRED BEFORE ADOPTION. A proposed disciplinary rule may not be adopted by the supreme court unless the rule is approved by:

  73. Tex. Government Code Sec. 81.08793. USE OF TECHNOLOGY. The supreme court, the committee, and the state bar shall use technological solutions throughout the disciplinary rule proposal process to promote:

  74. Tex. Government Code Sec. 81.08794. EXPIRED TIME AND DEFEATED RULE PROPOSAL.

  75. Tex. Government Code Sec. 81.0881. DEFINITIONS. In this subchapter:

  76. Tex. Government Code Sec. 81.0882. OMBUDSMAN FOR ATTORNEY DISCIPLINE SYSTEM.

  77. Tex. Government Code Sec. 81.0883. POWERS AND DUTIES OF OMBUDSMAN.

  78. Tex. Government Code Sec. 81.0884. ACCESS TO INFORMATION. The chief disciplinary counsel, a district grievance committee, the board of directors, the commission, and state bar members shall share with the ombudsman requested information that is necessary to:

  79. Tex. Government Code Sec. 81.0885. CONFIDENTIAL INFORMATION; PRIVILEGED COMMUNICATIONS.

  80. Tex. Government Code Sec. 81.091. COMMITTEE ON PROFESSIONAL ETHICS.

  81. Tex. Government Code Sec. 81.092. COMMITTEE OPINIONS.

  82. Tex. Government Code Sec. 81.093. PANELS. The committee may meet in three-member panels to express its opinion on behalf of the whole committee, but an inquirer who is dissatisfied with the panel's opinion may appeal it to the full committee for review.

  83. Tex. Government Code Sec. 81.094. CERTAIN COMMITTEE DUTIES. The committee shall:

  84. Tex. Government Code Sec. 81.095. EXPENSES. The state bar shall pay all necessary and actual expenses of the committee out of the state bar budget.

  85. Tex. Government Code Sec. 81.101. DEFINITION.

  86. Tex. Government Code Sec. 81.1011. EXCEPTION FOR CERTAIN LEGAL ASSISTANCE.

  87. Tex. Government Code Sec. 81.102. STATE BAR MEMBERSHIP REQUIRED.

  88. Tex. Government Code Sec. 81.103. UNAUTHORIZED PRACTICE OF LAW COMMITTEE.

  89. Tex. Government Code Sec. 81.104. DUTIES OF UNAUTHORIZED PRACTICE OF LAW COMMITTEE. The unauthorized practice of law committee shall:

  90. Tex. Government Code Sec. 81.105. LOCAL COMMITTEES. This chapter does not prohibit the establishment of local unauthorized practice of law committees to assist the unauthorized practice of law committee in carrying out its purposes.

  91. Tex. Government Code Sec. 81.106. IMMUNITY.

  92. Tex. Government Code Sec. 81.112. FEE DISPUTE RESOLUTION PROCEDURE. The state bar shall establish a standard fee dispute resolution procedure that may be used by a bar committee or other organization as a model for a fee dispute resolution program.

  93. Tex. Government Code Sec. 81.113. CONTINUING LEGAL EDUCATION.

  94. Tex. Government Code Sec. 81.114. ATTORNEY INSTRUCTION RELATED TO GUARDIANSHIP ISSUES.

  95. Tex. Government Code Sec. 81.115. ONLINE ATTORNEY PROFILES.

  96. Tex. Government Code Sec. 81.121. EXECUTIVE COMMITTEE.

  97. Tex. Government Code Sec. 81.122. DUTIES OF EXECUTIVE COMMITTEE. The executive committee shall:

  98. Tex. Government Code Sec. 81.123. APPROVAL OF COMMITTEES. Before the executive committee may approve the creation of an additional standing or special committee of the state bar, the committee must:

  99. Tex. Government Code Sec. 81.151. APPLICABILITY.

  100. Tex. Government Code Sec. 81.152. PROHIBITED ADVERTISING. An advertisement for legal services may not:

  101. Tex. Government Code Sec. 81.153. REQUIRED WARNINGS AND DISCLOSURES.

  102. Tex. Government Code Sec. 81.154. FORM OF REQUIRED WARNINGS AND DISCLOSURES; COURT FINDINGS.

  103. Tex. Government Code Sec. 81.155. ENFORCEMENT; PRIVATE CAUSE OF ACTION NOT CREATED.

  104. Tex. Government Code Sec. 81.156. CONSTRUCTION OF SUBCHAPTER. This subchapter may not be construed to limit or otherwise affect the authority of the Supreme Court of Texas to regulate the practice of law, enforce the Texas Disciplinary Rules of Professional Conduct, or discipline persons admitted to the state bar.

Chapter 82

  1. Tex. Government Code Sec. 82.001. BOARD OF LAW EXAMINERS.

  2. Tex. Government Code Sec. 82.002. CONFLICT OF INTEREST.

  3. Tex. Government Code Sec. 82.0021. REMOVAL OF BOARD MEMBERS.

  4. Tex. Government Code Sec. 82.003. OPEN RECORDS AND OPEN MEETINGS.

  5. Tex. Government Code Sec. 82.004. BOARD DUTIES.

  6. Tex. Government Code Sec. 82.005. BOARD COMPENSATION.

  7. Tex. Government Code Sec. 82.006. SUNSET PROVISION. The Board of Law Examiners is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished September 1, 2029.

  8. Tex. Government Code Sec. 82.007. CAREER LADDER; ANNUAL PERFORMANCE EVALUATIONS.

  9. Tex. Government Code Sec. 82.0071. EQUAL EMPLOYMENT OPPORTUNITY POLICY.

  10. Tex. Government Code Sec. 82.0072. STANDARDS OF CONDUCT. The executive director of the Board of Law Examiners or the executive director's designee shall provide to members of the board and to board employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.

  11. Tex. Government Code Sec. 82.0073. SEPARATION OF RESPONSIBILITIES; DELEGATION.

  12. Tex. Government Code Sec. 82.008. PUBLIC INFORMATION.

  13. Tex. Government Code Sec. 82.009. PROGRAM ACCESSIBILITY. The Board of Law Examiners shall prepare and maintain a written plan that describes how a person who has a physical, mental, or developmental disability can be provided reasonable access to the board's programs.

  14. Tex. Government Code Sec. 82.010. TRAINING PROGRAM REQUIRED.

  15. Tex. Government Code Sec. 82.011. WRITTEN COMPLAINTS.

  16. Tex. Government Code Sec. 82.013. EFFECTIVE USE OF TECHNOLOGY. The Board of Law Examiners shall develop and implement a policy requiring the executive director and board employees to research and propose appropriate technological solutions to improve the board's ability to perform its functions. The technological solutions must:

  17. Tex. Government Code Sec. 82.021. SUPREME COURT AUTHORITY. Only the supreme court may issue licenses to practice law in this state as provided by this chapter. The power may not be delegated.

  18. Tex. Government Code Sec. 82.022. SUPREME COURT RULEMAKING.

  19. Tex. Government Code Sec. 82.023. DECLARATION OF INTENTION TO STUDY LAW.

  20. Tex. Government Code Sec. 82.024. LAW STUDY REQUIREMENTS; ELIGIBILITY FOR EXAMINATION. A person who has completed the prescribed study in an approved law school has satisfied the law study requirements for taking the examination for a license to practice law and is eligible to take the bar examination. An approved law school is one that is approved by the supreme court for the time period designated by the court as maintaining the additional standards to retain approval.

  21. Tex. Government Code Sec. 82.0241. UNACCREDITED SCHOOLS OF LAW. All matters relating to licensing of persons who were enrolled at unaccredited schools of law in this state are within the exclusive jurisdiction of the Supreme Court of the State of Texas.

  22. Tex. Government Code Sec. 82.027. APPLICATION FOR EXAMINATION.

  23. Tex. Government Code Sec. 82.0271. RESIDENCY OR CITIZENSHIP STATUS OF APPLICANT. A person who has applied to take the bar examination may not be denied admission to the bar examination based on the applicant's lack of:

  24. Tex. Government Code Sec. 82.0272. TESTING ACCOMMODATIONS FOR APPLICANTS WITH DISABILITIES. An applicant who has a physical, mental, or developmental disability may request that the Board of Law Examiners provide testing accommodations on the bar examination. An applicant whose request is denied may appeal the decision to a committee appointed by, and composed of three or more members of, the board.

  25. Tex. Government Code Sec. 82.028. MORAL CHARACTER AND FITNESS OF APPLICANT.

  26. Tex. Government Code Sec. 82.029. RELEASE OF BAR EXAMINATION RESULTS.

  27. Tex. Government Code Sec. 82.030. BOARD ASSESSMENT OF MORAL CHARACTER AND FITNESS.

  28. Tex. Government Code Sec. 82.033. FEES.

  29. Tex. Government Code Sec. 82.034. USE OF FUNDS. Fees received by the Board of Law Examiners shall be deposited in a fund established by the supreme court. The fund may be used only to administer the functions of the supreme court and the board relating to the licensing of lawyers. The fund shall be used as directed by the supreme court and under supreme court rules.

  30. Tex. Government Code Sec. 82.035. AUDIT; FINANCIAL REPORT.

  31. Tex. Government Code Sec. 82.036. FOREIGN ATTORNEYS. The supreme court shall make such rules and regulations as to admitting attorneys from other jurisdictions to practice law in this state as it shall deem proper and just. All such attorneys shall be required to furnish satisfactory proof as to good moral character.

  32. Tex. Government Code Sec. 82.0361. NONRESIDENT ATTORNEY FEE.

  33. Tex. Government Code Sec. 82.037. OATH OF ATTORNEY.

  34. Tex. Government Code Sec. 82.038. PROBATIONARY LICENSE FOR APPLICANT SUFFERING FROM CHEMICAL DEPENDENCY.

  35. Tex. Government Code Sec. 82.039. LICENSING GUIDELINES.

  36. Tex. Government Code Sec. 82.061. MISBEHAVIOR OR CONTEMPT.

  37. Tex. Government Code Sec. 82.062. DISBARMENT. Any attorney who is guilty of barratry, any fraudulent or dishonorable conduct, or malpractice may be suspended from practice, or the attorney's license may be revoked, by a district court of the county in which the attorney resides or in which the act complained of occurred. An attorney may be suspended from practice or the attorney's license may be revoked under this section regardless of the fact that the act complained of may be an offense under the Penal Code and regardless of whether the attorney is being prosecuted for or has been convicted of the offense.

  38. Tex. Government Code Sec. 82.063. RETENTION OF CLIENT'S MONEY.

  39. Tex. Government Code Sec. 82.064. OFFICERS NOT TO APPEAR.

  40. Tex. Government Code Sec. 82.065. CONTRACT FOR LEGAL SERVICES.

  41. Tex. Government Code Sec. 82.0651. CIVIL LIABILITY FOR PROHIBITED BARRATRY.

  42. Tex. Government Code Sec. 82.066. ATTORNEY MAY NOT APPEAR. An attorney may not appear before a judge or justice in a civil case if the attorney is related to the judge or justice by affinity or consanguinity within the first degree, as determined under Chapter 573.

  43. Tex. Government Code Sec. 82.101. SPECIALTY CERTIFICATION IN JUDICIAL ADMINISTRATION.

Chapter 83

  1. Tex. Government Code Sec. 83.001. PROHIBITED ACTS.

  2. Tex. Government Code Sec. 83.002. EXPENSES. This chapter does not prevent an attorney from paying secretarial, paralegal, or other ordinary and reasonable expenses necessarily and actually incurred by the attorney for the preparation of legal instruments.

  3. Tex. Government Code Sec. 83.003. FORMS. This chapter does not prevent a person from completing lease or rental forms that:

  4. Tex. Government Code Sec. 83.004. CUMULATIVE REMEDIES. This chapter is not exclusive and does not limit or restrict the definition of the practice of law in the State Bar Act (Chapter 81). This chapter does not limit or restrict any remedy provided in the State Bar Act or any other law designed to eliminate the unauthorized practice of law by lay persons and lay agencies.

  5. Tex. Government Code Sec. 83.005. RECOVERY. A person who pays a fee prohibited by this chapter may bring suit for and is entitled to:

  6. Tex. Government Code Sec. 83.006. UNAUTHORIZED PRACTICE OF LAW. A violation of this chapter constitutes the unauthorized practice of law and may be enjoined by a court of competent jurisdiction.

Chapter 84

  1. Tex. Government Code Sec. 84.001. PROHIBITED ACTS. Before the conclusion of all aspects of a criminal matter that gives rise to an attorney's employment, an attorney may not make or negotiate an agreement with a client, a prospective client, or former client that provides the attorney literary or media rights to a portrayal or account based in substantial part on information relating to the representation.

  2. Tex. Government Code Sec. 84.002. CRIMINAL OFFENSE.

  3. Tex. Government Code Sec. 84.003. CIVIL LIABILITY.

  4. Tex. Government Code Sec. 84.004. CUMULATIVE REMEDIES. This chapter is cumulative of other law under which a person may obtain judicial relief. An administrative, civil, or criminal action brought against an attorney based on a violation of this chapter does not limit or restrict another action against the attorney by the same or another person.

Chapter 91

  1. Tex. Government Code Sec. 91.001. DEFINITIONS. In this chapter:

  2. Tex. Government Code Sec. 91.002. LIBRARY OPERATIONS.

  3. Tex. Government Code Sec. 91.003. BOARD; ADMINISTRATION.

  4. Tex. Government Code Sec. 91.004. COMPENSATION. A member of the board or his personal representative may not receive compensation for his service on the board. A member or his representative is entitled to reimbursement for actual and necessary expenses incurred in attending meetings or performing other official duties, to be paid out of funds appropriated to the board.

  5. Tex. Government Code Sec. 91.005. PERSONNEL.

  6. Tex. Government Code Sec. 91.006. TRANSFER OF LIBRARY MATERIALS.

  7. Tex. Government Code Sec. 91.007. RULES. The board shall adopt rules necessary to ensure the efficient operation of the library.

  8. Tex. Government Code Sec. 91.009. DONATIONS. The library may accept on behalf of the state donations of money and other property as the library considers appropriate. Money donated to the library shall be deposited in the state treasury.

  9. Tex. Government Code Sec. 91.011. LIBRARY SERVICE FEES. The director of the state law library may set and charge a fee for services provided by state law library staff.

Chapter 92

  1. Tex. Government Code Sec. 92.001. DEFINITIONS. In this chapter:

  2. Tex. Government Code Sec. 92.002. PROHIBITED DISSEMINATION OF COVERED INFORMATION.

  3. Tex. Government Code Sec. 92.003. PROHIBITED DISPLAY OF COVERED INFORMATION.

  4. Tex. Government Code Sec. 92.004. DUTY TO REMOVE COVERED INFORMATION. After receiving a written request under Section 92.002 or 92.003, a person, including a data broker, shall:

  5. Tex. Government Code Sec. 92.005. OFFICE PROCEDURES. The judicial security division of the office shall develop a process by which a judge can file a written request with the director of the office to notify a person, including a data broker, on the judge's behalf, of a written request submitted by the judge to remove covered information posted or displayed by the person on a publicly accessible Internet website.

  6. Tex. Government Code Sec. 92.006. TRANSFER.

  7. Tex. Government Code Sec. 92.007. CIVIL REMEDIES.

  8. Tex. Government Code Sec. 92.008. CRIMINAL OFFENSES.

Health Safety

Chapter 1

  1. Tex. Health & Safety Code Sec. 1.001. PURPOSE OF CODE.

  2. Tex. Health & Safety Code Sec. 1.002. CONSTRUCTION OF CODE. Chapter 311, Government Code (Code Construction Act), applies to the construction of each provision in this code except as otherwise expressly provided by this code.

  3. Tex. Health & Safety Code Sec. 1.003. INTERNAL REFERENCES. In this code:

  4. Tex. Health & Safety Code Sec. 1.004. REFERENCE IN LAW TO STATUTE REVISED BY CODE. A reference in a law to a statute or a part of a statute revised by this code is considered to be a reference to the part of this code that revises that statute or part of the statute.

  5. Tex. Health & Safety Code Sec. 1.005. DEFINITIONS. In this code:

  6. Tex. Health & Safety Code Sec. 1.006. REPORTS. Notwithstanding any other law, each report that is required by this code to be submitted to the governor or a member of the legislature must be submitted not later than December 1 of the year that the report is due.

Chapter 11

  1. Tex. Health & Safety Code Sec. 11.001. DEFINITIONS. In this title:

Chapter 12

  1. Tex. Health & Safety Code Sec. 12.0001. COMMISSIONER'S POWERS AND DUTIES; EFFECT OF CONFLICT WITH OTHER LAW. To the extent a power or duty given to the commissioner by this title or another law conflicts with any of the following provisions of the Government Code, the Government Code provision controls:

  2. Tex. Health & Safety Code Sec. 12.001. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER.

  3. Tex. Health & Safety Code Sec. 12.0011. INVESTIGATIONS IN GENERAL. Subject to the oversight of the executive commissioner, the department shall examine, investigate, enter, and inspect any public place or public building as the department determines necessary for the discovery and suppression of disease and the enforcement of any health or sanitation law of this state.

  4. Tex. Health & Safety Code Sec. 12.002. CERTAIN PROCEDURES FOR INVESTIGATIONS.

  5. Tex. Health & Safety Code Sec. 12.003. LEGAL REPRESENTATION.

  6. Tex. Health & Safety Code Sec. 12.011. APPROPRIATIONS, GRANTS, AND DONATIONS.

  7. Tex. Health & Safety Code Sec. 12.0111. LICENSING FEES.

  8. Tex. Health & Safety Code Sec. 12.0112. TERM OF LICENSE.

  9. Tex. Health & Safety Code Sec. 12.0115. INTEGRATION OF HEALTH CARE DELIVERY PROGRAMS.

  10. Tex. Health & Safety Code Sec. 12.012. AWARDING CONTRACTS OR GRANTS AND SELECTING SERVICE PROVIDERS.

  11. Tex. Health & Safety Code Sec. 12.0121. CONTRACTING FOR PROFESSIONAL SERVICES.

  12. Tex. Health & Safety Code Sec. 12.0122. SALE OF LABORATORY SERVICES.

  13. Tex. Health & Safety Code Sec. 12.0125. DRUG REBATES.

  14. Tex. Health & Safety Code Sec. 12.0127. IMMIGRATION VISA WAIVERS FOR PHYSICIANS.

  15. Tex. Health & Safety Code Sec. 12.0128. HEALTH ALERT NETWORK. The department shall include local health officials, the Texas Association of Community Health Centers, and the Texas Organization of Rural and Community Hospitals in the department's Texas Health Alert Network to the extent federal funds for bioterrorism preparedness are available for that purpose.

  16. Tex. Health & Safety Code Sec. 12.013. DRIVING AND TRAFFIC POLICIES.

  17. Tex. Health & Safety Code Sec. 12.014. REGISTRY.

  18. Tex. Health & Safety Code Sec. 12.0145. INFORMATION ABOUT ENFORCEMENT ACTIONS.

  19. Tex. Health & Safety Code Sec. 12.0146. TRENDS IN ENFORCEMENT. The department shall publish annually an analysis of its enforcement actions taken under state law with regard to each profession, industry, or type of facility regulated by the department. The analysis for each regulatory area must show at a minimum the year-to-year trends in the number and types of enforcement actions taken by the department in its regulation of the profession, industry, or type of facility.

  20. Tex. Health & Safety Code Sec. 12.015. INFORMATION ON COMMUNITY SERVICES.

  21. Tex. Health & Safety Code Sec. 12.016. PUBLIC HEARING PROCEDURES.

  22. Tex. Health & Safety Code Sec. 12.018. UNANNOUNCED INSPECTIONS. The department may make any inspection of a facility or program under the department's jurisdiction without announcing the inspection.

  23. Tex. Health & Safety Code Sec. 12.019. GENETIC COUNSELING FEES.

  24. Tex. Health & Safety Code Sec. 12.020. PROTECTION AND USE OF INTELLECTUAL PROPERTY.

  25. Tex. Health & Safety Code Sec. 12.031. DEFINITION. In this subchapter, "public health services" means:

  26. Tex. Health & Safety Code Sec. 12.032. FEES FOR PUBLIC HEALTH SERVICES.

  27. Tex. Health & Safety Code Sec. 12.033. DISTRIBUTION AND ADMINISTRATION OF CERTAIN VACCINES AND SERA.

  28. Tex. Health & Safety Code Sec. 12.034. COLLECTION PROCEDURES.

  29. Tex. Health & Safety Code Sec. 12.035. PUBLIC HEALTH SERVICES FEE ACCOUNT.

  30. Tex. Health & Safety Code Sec. 12.036. SUBROGATION.

  31. Tex. Health & Safety Code Sec. 12.037. MODIFICATION, SUSPENSION, OR TERMINATION OF SERVICES.

  32. Tex. Health & Safety Code Sec. 12.038. RULES. The executive commissioner may adopt rules necessary to implement this subchapter.

  33. Tex. Health & Safety Code Sec. 12.039. CONSTRUCTION OF OTHER LAWS.

  34. Tex. Health & Safety Code Sec. 12.051. PROVISION OF FUNDS. The department may provide funds by grant or contract to a qualified person for the purchase of services, equipment, or supplies to be used to promote and maintain the public health.

  35. Tex. Health & Safety Code Sec. 12.052. REQUIREMENTS FOR EXPENDITURE OF CERTAIN FUNDS.

  36. Tex. Health & Safety Code Sec. 12.053. INVENTORY REQUIREMENTS. All equipment and supplies which are purchased through a program, contract, or grant with the department by or for qualified entities, including but not limited to individuals, corporations, local units of government and other state agencies and that are used to promote and maintain public health are exempt from the statewide personal property accounting system administered by the comptroller of public accounts described in Subchapter L, Chapter 403, Government Code. The qualified entities shall maintain complete equipment and supply records. The department may request the return of any usable equipment or supplies purchased with funds provided by the department upon the termination of the program, contract, or grant.

  37. Tex. Health & Safety Code Sec. 12.054. DISPOSITION OF CERTAIN DEPARTMENT PROPERTY.

  38. Tex. Health & Safety Code Sec. 12.055. CERTAIN PROCUREMENTS MADE WITH DEPARTMENT FUNDS.

  39. Tex. Health & Safety Code Sec. 12.056. PARTICIPATION IN DEPARTMENT PURCHASING CONTRACTS OR GROUP PURCHASING PROGRAM. The department may allow a state agency, local unit of government, or private entity that expends funds received by the department to purchase goods or services using those funds by participating in:

  40. Tex. Health & Safety Code Sec. 12.071. OFFICE OF BORDER HEALTH. The department shall establish and maintain an office in the department to coordinate and promote health and environmental issues between this state and Mexico.

  41. Tex. Health & Safety Code Sec. 12.072. VECTOR-BORNE AND ZOONOTIC DISEASE MITIGATION IN BORDER COUNTIES.

  42. Tex. Health & Safety Code Sec. 12.091. DEFINITION. In this subchapter, "panel" means a panel of the medical advisory board.

  43. Tex. Health & Safety Code Sec. 12.092. MEDICAL ADVISORY BOARD; BOARD MEMBERS.

  44. Tex. Health & Safety Code Sec. 12.093. ADMINISTRATION.

  45. Tex. Health & Safety Code Sec. 12.094. RULES RELATING TO MEDICAL ADVISORY BOARD MEMBERS.

  46. Tex. Health & Safety Code Sec. 12.095. BOARD PANELS; POWERS AND DUTIES.

  47. Tex. Health & Safety Code Sec. 12.096. PHYSICIAN REPORT.

  48. Tex. Health & Safety Code Sec. 12.097. CONFIDENTIALITY REQUIREMENTS.

  49. Tex. Health & Safety Code Sec. 12.098. LIABILITY. A member of the medical advisory board, a member of a panel, a person who makes an examination for or on the recommendation of the medical advisory board, or a physician who reports to the medical advisory board or a panel under Section 12.096 is not liable for a professional opinion, recommendation, or report made under this subchapter.

  50. Tex. Health & Safety Code Sec. 12.111. TEXAS VOLUNTEER HEALTH CORPS.

  51. Tex. Health & Safety Code Sec. 12.112. COORDINATORS.

  52. Tex. Health & Safety Code Sec. 12.113. VOLUNTEERS.

  53. Tex. Health & Safety Code Sec. 12.114. VITAL HEALTH CARE ISSUES.

  54. Tex. Health & Safety Code Sec. 12.115. MENTORS. The department shall encourage health care professionals to volunteer as mentors in the Texas Volunteer Health Corps.

  55. Tex. Health & Safety Code Sec. 12.116. INFORMATION. The department may provide public health information materials as needed by the Texas Volunteer Health Corps.

  56. Tex. Health & Safety Code Sec. 12.131. DEFINITIONS. In this subchapter:

  57. Tex. Health & Safety Code Sec. 12.132. CERTIFICATION TO COMPTROLLER. The department shall collect information relating to the unreimbursed health care expenditures of each political subdivision and, based on that information and using the formula established in Paragraph 5.B. of the agreement, shall certify to the comptroller the percentage of each annual distribution to be paid from the account to each political subdivision.

  58. Tex. Health & Safety Code Sec. 12.133. COLLECTION OF INFORMATION.

  59. Tex. Health & Safety Code Sec. 12.134. DISPUTES RELATING TO INFORMATION COLLECTED.

  60. Tex. Health & Safety Code Sec. 12.135. EFFECT OF DISPUTE. A dispute filed under department rules adopted under Section 12.134 does not affect the percentage of the annual distribution of the earnings from the account to be paid to the political subdivision for the year for which the information that is the subject of the dispute was submitted.

  61. Tex. Health & Safety Code Sec. 12.136. ADJUSTMENT FOLLOWING AUDIT.

  62. Tex. Health & Safety Code Sec. 12.137. TOBACCO SETTLEMENT PERMANENT TRUST ACCOUNT ADMINISTRATION ADVISORY COMMITTEE.

  63. Tex. Health & Safety Code Sec. 12.138. APPROVAL OF RULES. A rule to be adopted by the executive commissioner relating to certification of a percentage of an annual distribution under Section 12.132 or collection of information under Sections 12.132, 12.133, and 12.134 must be submitted to the advisory committee and may not become effective before the rule is approved by the advisory committee. If the advisory committee disapproves a proposed rule, the advisory committee shall provide the executive commissioner the specific reasons that the rule was disapproved.

  64. Tex. Health & Safety Code Sec. 12.139. ANNUAL REVIEW. The advisory committee shall annually:

Chapter 13

  1. Tex. Health & Safety Code Sec. 13.002. ADMISSION OF OTHER PATIENTS.

  2. Tex. Health & Safety Code Sec. 13.003. SERVICES AT RIO GRANDE STATE CENTER.

  3. Tex. Health & Safety Code Sec. 13.004. TREATMENT OF CERTAIN PERSONS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY.

  4. Tex. Health & Safety Code Sec. 13.005. CARE AND TREATMENT OF CERTAIN PATIENTS.

  5. Tex. Health & Safety Code Sec. 13.006. PURPOSE OF TUBERCULOSIS CONTROL PROGRAM. The primary objectives of the tuberculosis control program are:

  6. Tex. Health & Safety Code Sec. 13.007. COLONEL H. WILLIAM "BILL" CARD, JR., OUTPATIENT CLINIC. The outpatient clinic operated by the South Texas Health Care System in Harlingen, Texas, is named the Colonel H. William "Bill" Card, Jr., Outpatient Clinic in honor of Colonel H. William "Bill" Card, Jr.

  7. Tex. Health & Safety Code Sec. 13.031. SHORT TITLE. This subchapter may be cited as the Texas Tuberculosis Code.

  8. Tex. Health & Safety Code Sec. 13.032. PURPOSE. The purpose of this subchapter is to:

  9. Tex. Health & Safety Code Sec. 13.033. DEFINITIONS. In this subchapter:

  10. Tex. Health & Safety Code Sec. 13.034. DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT.

  11. Tex. Health & Safety Code Sec. 13.035. EMPLOYMENT OF HOSPITAL ADMINISTRATORS.

  12. Tex. Health & Safety Code Sec. 13.036. PATIENT ADMISSION; EXAMINATION CERTIFICATE.

  13. Tex. Health & Safety Code Sec. 13.037. DETERMINATION OF RESIDENCY.

  14. Tex. Health & Safety Code Sec. 13.038. CLASSIFICATION OF PATIENTS; LIEN.

  15. Tex. Health & Safety Code Sec. 13.039. COLLECTION OF STATE'S CLAIM.

  16. Tex. Health & Safety Code Sec. 13.040. EFFECT OF INDIGENT HEALTH CARE AND TREATMENT ACT. If an indigent or nonindigent public patient is eligible for health care assistance from a county hospital or public hospital under Chapter 61 (Indigent Health Care and Treatment Act), the state is entitled to reimbursement from that hospital for the treatment and support of the patient to the extent prescribed by that chapter.

  17. Tex. Health & Safety Code Sec. 13.041. RETURN OF CERTAIN NONRESIDENTS; RECIPROCAL AGREEMENTS.

  18. Tex. Health & Safety Code Sec. 13.042. DISCRIMINATION PROHIBITED.

  19. Tex. Health & Safety Code Sec. 13.043. GRATUITIES PROHIBITED.

  20. Tex. Health & Safety Code Sec. 13.044. PRIVATE ACCOMMODATIONS.

  21. Tex. Health & Safety Code Sec. 13.045. DONATION OF LAND BY COUNTY.

  22. Tex. Health & Safety Code Sec. 13.046. ADMISSION OF NONRESIDENT PATIENTS.

Chapter 31

  1. Tex. Health & Safety Code Sec. 31.001. SHORT TITLE. This chapter may be cited as the Texas Primary Health Care Services Act.

  2. Tex. Health & Safety Code Sec. 31.002. DEFINITIONS.

  3. Tex. Health & Safety Code Sec. 31.003. PRIMARY HEALTH CARE SERVICES PROGRAM.

  4. Tex. Health & Safety Code Sec. 31.004. ADMINISTRATION.

  5. Tex. Health & Safety Code Sec. 31.005. PROVISION OF PROGRAM SERVICES BY DEPARTMENT.

  6. Tex. Health & Safety Code Sec. 31.006. SERVICE PROVIDERS.

  7. Tex. Health & Safety Code Sec. 31.007. APPLICATION FOR SERVICES.

  8. Tex. Health & Safety Code Sec. 31.008. ELIGIBILITY FOR SERVICES.

  9. Tex. Health & Safety Code Sec. 31.009. DENIAL, MODIFICATION, SUSPENSION, OR TERMINATION OF SERVICES.

  10. Tex. Health & Safety Code Sec. 31.010. FINANCIAL ELIGIBILITY; OTHER BENEFITS.

  11. Tex. Health & Safety Code Sec. 31.011. RECOVERY OF COSTS.

  12. Tex. Health & Safety Code Sec. 31.012. FEES.

  13. Tex. Health & Safety Code Sec. 31.013. FUNDING.

  14. Tex. Health & Safety Code Sec. 31.014. CONTRACTS. The department shall enter into contracts and agreements or award grants necessary to facilitate the efficient and economical provision of services under this chapter, including contracts and grants for the purchase of services, equipment, and supplies from approved providers.

  15. Tex. Health & Safety Code Sec. 31.015. RECORDS AND REVIEW.

  16. Tex. Health & Safety Code Sec. 31.016. PROGRAM PLANS.

  17. Tex. Health & Safety Code Sec. 31.017. FEDERALLY QUALIFIED HEALTH CENTERS. The department may make grants to establish new or expand existing facilities and to support new or expanded services at facilities that can qualify as federally qualified health centers, as defined by 42 U.S.C. Section 1396d(l)(2)(B), in this state, including:

  18. Tex. Health & Safety Code Sec. 31.018. REFERRAL FROM HEALTHY TEXAS WOMEN PROGRAM TO PRIMARY HEALTH CARE SERVICES PROGRAM.

Chapter 32

  1. Tex. Health & Safety Code Sec. 32.001. SHORT TITLE. This chapter may be cited as the Maternal and Infant Health Improvement Act.

  2. Tex. Health & Safety Code Sec. 32.002. DEFINITIONS.

  3. Tex. Health & Safety Code Sec. 32.003. MATERNAL AND INFANT HEALTH IMPROVEMENT SERVICES PROGRAM.

  4. Tex. Health & Safety Code Sec. 32.005. ABORTION SERVICES RESTRICTED. Notwithstanding any other provision of this chapter, funds administered under this chapter may not be used to provide abortion services unless the mother's life is in danger.

  5. Tex. Health & Safety Code Sec. 32.006. ADMINISTRATION.

  6. Tex. Health & Safety Code Sec. 32.011. DENIAL, MODIFICATION, SUSPENSION, OR TERMINATION OF SERVICES.

  7. Tex. Health & Safety Code Sec. 32.012. FINANCIAL ELIGIBILITY; OTHER BENEFITS.

  8. Tex. Health & Safety Code Sec. 32.013. RECOVERY OF COSTS.

  9. Tex. Health & Safety Code Sec. 32.014. FEES.

  10. Tex. Health & Safety Code Sec. 32.015. FUNDING.

  11. Tex. Health & Safety Code Sec. 32.016. CONTRACTS. The department shall enter into contracts and agreements or award grants necessary to facilitate the efficient and economical provision of services under this chapter, including contracts and grants for the purchase of services, equipment, and supplies from approved providers.

  12. Tex. Health & Safety Code Sec. 32.017. RECORDS.

  13. Tex. Health & Safety Code Sec. 32.018. PROGRAM PLANS.

  14. Tex. Health & Safety Code Sec. 32.021. REQUIREMENTS REGARDING THE WOMEN, INFANTS, AND CHILDREN PROGRAM.

  15. Tex. Health & Safety Code Sec. 32.0211. WOMEN, INFANTS, AND CHILDREN PROGRAM OUTREACH CAMPAIGN TO PROMOTE FATHERS' INVOLVEMENT.

  16. Tex. Health & Safety Code Sec. 32.041. LEGISLATIVE FINDINGS.

  17. Tex. Health & Safety Code Sec. 32.042. DUTIES OF EXECUTIVE COMMISSIONER; RULES.

  18. Tex. Health & Safety Code Sec. 32.043. DUTIES OF DEPARTMENT. The department shall:

  19. Tex. Health & Safety Code Sec. 32.044. SYSTEM REQUIREMENTS.

  20. Tex. Health & Safety Code Sec. 32.045. GRANT PROGRAM.

  21. Tex. Health & Safety Code Sec. 32.046. POSTPARTUM DEPRESSION STRATEGIC PLAN.

  22. Tex. Health & Safety Code Sec. 32.047. HYPEREMESIS GRAVIDARUM STRATEGIC PLAN.

  23. Tex. Health & Safety Code Sec. 32.071. DESIGNATION OF CENTERS OF EXCELLENCE FOR FETAL DIAGNOSIS AND THERAPY.

  24. Tex. Health & Safety Code Sec. 32.072. SUBCOMMITTEE.

  25. Tex. Health & Safety Code Sec. 32.073. PRIORITY CONSIDERATIONS FOR CENTER DESIGNATIONS. The rules adopted under Section 32.071(b) must prioritize awarding a designation under this subchapter to a health care entity or program that:

  26. Tex. Health & Safety Code Sec. 32.074. QUALIFICATIONS FOR DESIGNATION. The rules adopted under Section 32.071(b) must ensure that a health care entity or program that receives a center of excellence designation under this subchapter:

  27. Tex. Health & Safety Code Sec. 32.101. ENHANCED PRENATAL SERVICES FOR CERTAIN WOMEN. The commission, in collaboration with managed care organizations that contract with the commission to provide health care services to medical assistance recipients under Chapter 540 or 540A, Government Code, as applicable, shall develop and implement cost-effective, evidence-based, and enhanced prenatal services for high-risk pregnant women covered under the medical assistance program.

  28. Tex. Health & Safety Code Sec. 32.102. EVALUATION AND ENHANCEMENT OF POSTPARTUM CARE SERVICES FOR CERTAIN WOMEN.

  29. Tex. Health & Safety Code Sec. 32.151. DEFINITIONS. In this subchapter:

  30. Tex. Health & Safety Code Sec. 32.152. PROVISION OF HEALTHY TEXAS WOMEN PROGRAM SERVICES THROUGH MANAGED CARE.

  31. Tex. Health & Safety Code Sec. 32.153. CONTINUITY OF CARE FOR CERTAIN WOMEN ENROLLING IN HEALTHY TEXAS WOMEN PROGRAM. The commission shall develop and implement strategies to ensure the continuity of care for women who transition from the medical assistance program and enroll in the Healthy Texas Women program. In developing and implementing strategies under this section, the commission may collaborate with health care providers participating in the Healthy Texas Women program and Medicaid managed care organizations that provide health care services to pregnant women.

  32. Tex. Health & Safety Code Sec. 32.154. POSTPARTUM DEPRESSION TREATMENT NETWORK. Using money from an available source designated by the commission, the commission, in collaboration with Medicaid managed care organizations and health care providers participating in the Healthy Texas Women program, shall develop and implement a postpartum depression treatment network for women enrolled in the medical assistance or Healthy Texas Women program.

  33. Tex. Health & Safety Code Sec. 32.155. STATEWIDE INITIATIVES TO IMPROVE QUALITY OF MATERNAL HEALTH CARE.

  34. Tex. Health & Safety Code Sec. 32.156. INFORMATION ABOUT AVAILABILITY OF SUBSIDIZED HEALTH INSURANCE COVERAGE.

Chapter 33

  1. Tex. Health & Safety Code Sec. 33.001. DEFINITIONS. In this chapter:

  2. Tex. Health & Safety Code Sec. 33.002. DETECTION AND TREATMENT PROGRAM ESTABLISHED.

  3. Tex. Health & Safety Code Sec. 33.0021. SICKLE-CELL TRAIT. Notwithstanding any provision of this chapter, the department shall include sickle-cell trait in the detection and treatment program established under this chapter, in the screening for heritable diseases conducted under Subchapter B, and in the newborn screening services provided under Subchapter C.

  4. Tex. Health & Safety Code Sec. 33.003. COOPERATION OF HEALTH CARE PROVIDERS AND GOVERNMENTAL ENTITIES.

  5. Tex. Health & Safety Code Sec. 33.004. NEWBORN SCREENING PROGRAM; FEES.

  6. Tex. Health & Safety Code Sec. 33.005. CONSENT.

  7. Tex. Health & Safety Code Sec. 33.011. TEST REQUIREMENT.

  8. Tex. Health & Safety Code Sec. 33.0111. DISCLOSURE STATEMENT AND CONSENT.

  9. Tex. Health & Safety Code Sec. 33.0112. DESTRUCTION OF GENETIC MATERIAL.

  10. Tex. Health & Safety Code Sec. 33.012. EXEMPTION.

  11. Tex. Health & Safety Code Sec. 33.013. LIMITATION ON LIABILITY. A physician, technician, or other person administering the screening tests required by this chapter is not liable or responsible because of the failure or refusal of a parent, managing conservator, or guardian to consent to the tests for which this chapter provides.

  12. Tex. Health & Safety Code Sec. 33.014. DIAGNOSIS; FOLLOW-UP.

  13. Tex. Health & Safety Code Sec. 33.015. REPORTS; RECORD KEEPING.

  14. Tex. Health & Safety Code Sec. 33.016. APPROVAL OF LABORATORIES.

  15. Tex. Health & Safety Code Sec. 33.0165. MUTUAL AID AGREEMENT FOR NEWBORN SCREENING LABORATORY SERVICES.

  16. Tex. Health & Safety Code Sec. 33.017. NEWBORN SCREENING ADVISORY COMMITTEE.

  17. Tex. Health & Safety Code Sec. 33.018. CONFIDENTIALITY.

  18. Tex. Health & Safety Code Sec. 33.019. NOTICE OF COST AND CLAIM PROCESS.

  19. Tex. Health & Safety Code Sec. 33.020. ANNUAL REPORT.

  20. Tex. Health & Safety Code Sec. 33.031. COORDINATION WITH CHILDREN WITH SPECIAL HEALTH CARE NEEDS SERVICES.

  21. Tex. Health & Safety Code Sec. 33.032. PROGRAM SERVICES.

  22. Tex. Health & Safety Code Sec. 33.033. CONSENT. The department may not provide services without the consent of the individual or, if the individual is a minor, the minor's parent, managing conservator, or guardian.

  23. Tex. Health & Safety Code Sec. 33.034. DENIAL, MODIFICATION, SUSPENSION, AND REVOCATION OF APPROVAL TO PROVIDE SERVICES.

  24. Tex. Health & Safety Code Sec. 33.035. INDIVIDUALS ELIGIBLE FOR SERVICES.

  25. Tex. Health & Safety Code Sec. 33.036. DENIAL, MODIFICATION, SUSPENSION, AND REVOCATION OF ELIGIBILITY TO RECEIVE SERVICES.

  26. Tex. Health & Safety Code Sec. 33.037. REIMBURSEMENT.

  27. Tex. Health & Safety Code Sec. 33.038. RECOVERY OF COSTS.

  28. Tex. Health & Safety Code Sec. 33.051. DEFINITION. In this subchapter, "account" means the newborn screening preservation account established under Section 33.052.

  29. Tex. Health & Safety Code Sec. 33.052. CREATION OF ACCOUNT.

  30. Tex. Health & Safety Code Sec. 33.053. DEDICATED USE.

Chapter 34

  1. Tex. Health & Safety Code Sec. 34.001. DEFINITIONS. In this chapter:

  2. Tex. Health & Safety Code Sec. 34.002. TEXAS MATERNAL MORTALITY AND MORBIDITY REVIEW COMMITTEE.

  3. Tex. Health & Safety Code Sec. 34.003. TERMS; VACANCY.

  4. Tex. Health & Safety Code Sec. 34.004. MEETINGS.

  5. Tex. Health & Safety Code Sec. 34.005. DUTIES OF REVIEW COMMITTEE. The review committee shall:

  6. Tex. Health & Safety Code Sec. 34.0055. SCREENING AND EDUCATIONAL MATERIALS FOR SUBSTANCE USE AND DOMESTIC VIOLENCE.

  7. Tex. Health & Safety Code Sec. 34.006. CONSULTATIONS AND AGREEMENTS WITH OUTSIDE PARTIES.

  8. Tex. Health & Safety Code Sec. 34.007. SELECTION AND REVIEW OF CASES.

  9. Tex. Health & Safety Code Sec. 34.008. OBTAINING DE-IDENTIFIED INFORMATION FOR REVIEW.

  10. Tex. Health & Safety Code Sec. 34.0085. CASE INFORMATION EXCEPTED FROM PROFESSIONAL REPORTING REQUIREMENTS. Notwithstanding any other law and for purposes of this chapter, a health care provider, including a nurse, who during the review of information relevant to a case selected for review under this chapter learns of conduct related to the provider's profession that is subject to a reporting requirement is exempt from that reporting requirement for the reviewed information.

  11. Tex. Health & Safety Code Sec. 34.009. CONFIDENTIALITY; PRIVILEGE.

  12. Tex. Health & Safety Code Sec. 34.010. SUBPOENA AND DISCOVERY. Review committee work product or information that is confidential under Section 34.009 is privileged, is not subject to subpoena or discovery, and may not be introduced into evidence in any administrative, civil, or criminal proceeding against a patient, a member of the family of a patient, or a health care provider.

  13. Tex. Health & Safety Code Sec. 34.011. IMMUNITY.

  14. Tex. Health & Safety Code Sec. 34.012. DATABASE OF DE-IDENTIFIED INFORMATION.

  15. Tex. Health & Safety Code Sec. 34.013. INAPPLICABILITY OF CHAPTER. This chapter does not apply to disclosure of records pertaining to voluntary or therapeutic termination of pregnancy, and those records may not be collected, maintained, or disclosed under this chapter.

  16. Tex. Health & Safety Code Sec. 34.014. FUNDING. The department may accept gifts and grants from any source to fund the duties of the department and the review committee under this chapter.

  17. Tex. Health & Safety Code Sec. 34.015. REPORTS.

  18. Tex. Health & Safety Code Sec. 34.0155. REPORT ON PREGNANCY-RELATED DEATHS, SEVERE MATERNAL MORBIDITY, AND POSTPARTUM DEPRESSION. The commission shall:

  19. Tex. Health & Safety Code Sec. 34.0156. MATERNAL HEALTH AND SAFETY INITIATIVE.

  20. Tex. Health & Safety Code Sec. 34.0158. REPORT ON ACTIONS TO ADDRESS MATERNAL MORTALITY RATES. Not later than December 1 of each even-numbered year, the commission shall submit to the governor, the lieutenant governor, the speaker of the house of representatives, the Legislative Budget Board, and the appropriate standing committees of the legislature a written report summarizing the actions taken to address maternal morbidity and reduce maternal mortality rates. The report must include information from programs and initiatives created to address maternal morbidity and reduce maternal mortality rates in this state, including:

  21. Tex. Health & Safety Code Sec. 34.01581. OPIOID USE DISORDER MATERNAL AND NEWBORN HEALTH INITIATIVES.

  22. Tex. Health & Safety Code Sec. 34.0159. PROGRAM EVALUATIONS. The commission, in collaboration with the task force and other interested parties, shall:

  23. Tex. Health & Safety Code Sec. 34.016. RULES. The executive commissioner may adopt rules to implement this chapter.

  24. Tex. Health & Safety Code Sec. 34.017. DEPARTMENT ACCESS TO INFORMATION.

  25. Tex. Health & Safety Code Sec. 34.018. SUNSET PROVISION.

  26. Tex. Health & Safety Code Sec. 34.019. DATA COLLECTION. The task force, under the direction of the department, shall annually collect information relating to maternity care and postpartum depression in this state. The information must be based on statistics for the preceding year and include the:

  27. Tex. Health & Safety Code Sec. 34.020. PROGRAM TO DELIVER PRENATAL AND POSTPARTUM CARE THROUGH TELEHEALTH OR TELEMEDICINE MEDICAL SERVICES IN CERTAIN COUNTIES.

  28. Tex. Health & Safety Code Sec. 34.021. APPLICATION FOR FEDERAL GRANTS.

Chapter 35

  1. Tex. Health & Safety Code Sec. 35.001. SHORT TITLE. This chapter may be cited as the Children with Special Health Care Needs Services Act.

  2. Tex. Health & Safety Code Sec. 35.0021. DEFINITIONS. In this chapter:

  3. Tex. Health & Safety Code Sec. 35.0022. CHILD WITH SPECIAL HEALTH CARE NEEDS.

  4. Tex. Health & Safety Code Sec. 35.003. SERVICES PROGRAM FOR CHILDREN WITH SPECIAL HEALTH CARE NEEDS.

  5. Tex. Health & Safety Code Sec. 35.0031. HEALTH BENEFITS PLAN COVERAGE FOR CERTAIN ELIGIBLE CHILDREN. The department shall obtain coverage under a health benefits plan for a child who:

  6. Tex. Health & Safety Code Sec. 35.0032. BENEFITS COVERAGE REQUIRED. To the extent possible, the health benefits plan required by Section 35.0031 must provide benefits comparable to the benefits provided under the state child health plan established by this state to implement Title XXI of the Social Security Act (42 U.S.C. Section 1397aa et seq.), as amended.

  7. Tex. Health & Safety Code Sec. 35.0033. HEALTH BENEFITS PLAN PROVIDER.

  8. Tex. Health & Safety Code Sec. 35.0034. COST-SHARING PAYMENTS.

  9. Tex. Health & Safety Code Sec. 35.0035. DISALLOWANCE OF MATCHING FUNDS FROM FEDERAL GOVERNMENT. Expenditures made to provide health benefits plan coverage under Section 35.0031 may not be included for the purpose of determining the state children's health insurance expenditures, as that term is defined by 42 U.S.C. Section 1397ee(d)(2)(B), as amended.

  10. Tex. Health & Safety Code Sec. 35.004. SERVICE PROVIDERS.

  11. Tex. Health & Safety Code Sec. 35.0041. PARTICIPATION AND REIMBURSEMENT OF TELEMEDICINE MEDICAL SERVICE PROVIDERS.

  12. Tex. Health & Safety Code Sec. 35.005. ELIGIBILITY FOR SERVICES.

  13. Tex. Health & Safety Code Sec. 35.006. DENIAL, MODIFICATION, SUSPENSION, OR TERMINATION OF SERVICES.

  14. Tex. Health & Safety Code Sec. 35.0061. REFERRAL FOR BEHAVIORAL OR EMOTIONAL CONDITIONS. If a child with special health care needs who is eligible for services under this chapter has a behavioral or emotional condition and the child is eligible for services from another provider of services that would address the behavioral or emotional condition, the department shall refer the child to that provider for those services.

  15. Tex. Health & Safety Code Sec. 35.007. FINANCIAL ELIGIBILITY; OTHER BENEFITS.

  16. Tex. Health & Safety Code Sec. 35.008. RECOVERY OF COSTS.

  17. Tex. Health & Safety Code Sec. 35.009. FEES. The executive commissioner by rule may adopt reasonable procedures and standards for the determination of fees and charges for program services.

  18. Tex. Health & Safety Code Sec. 35.010. FUNDING. The department may receive and spend:

  19. Tex. Health & Safety Code Sec. 35.011. CONTRACTS. The department may enter into contracts and agreements necessary to carry out this chapter, including interagency agreements to provide for the efficient and uninterrupted provision of necessary services to children who are eligible to receive services from two or more public programs.

  20. Tex. Health & Safety Code Sec. 35.012. RECORDS.

  21. Tex. Health & Safety Code Sec. 35.013. LIMITATIONS ON AUTHORITY.

Chapter 36

  1. Tex. Health & Safety Code Sec. 36.001. SHORT TITLE. This chapter may be cited as the Special Senses and Communication Disorders Act.

  2. Tex. Health & Safety Code Sec. 36.002. PURPOSE.

  3. Tex. Health & Safety Code Sec. 36.003. DEFINITIONS. In this chapter:

  4. Tex. Health & Safety Code Sec. 36.004. SCREENING PROGRAM FOR SPECIAL SENSES AND COMMUNICATION DISORDERS.

  5. Tex. Health & Safety Code Sec. 36.005. COMPLIANCE WITH SCREENING REQUIREMENTS.

  6. Tex. Health & Safety Code Sec. 36.006. RECORDS; REPORTS.

  7. Tex. Health & Safety Code Sec. 36.007. PROVISION OF REMEDIAL SERVICES.

  8. Tex. Health & Safety Code Sec. 36.008. INDIVIDUALS ELIGIBLE FOR REMEDIAL SERVICES.

  9. Tex. Health & Safety Code Sec. 36.009. REIMBURSEMENT.

  10. Tex. Health & Safety Code Sec. 36.010. RECOVERY OF COSTS.

  11. Tex. Health & Safety Code Sec. 36.011. QUALIFICATIONS OF PERSONS PROVIDING SCREENING AND REMEDIAL SERVICES.

  12. Tex. Health & Safety Code Sec. 36.012. RESEARCH.

  13. Tex. Health & Safety Code Sec. 36.013. FUNDING. The department may accept appropriations, donations, and reimbursements, including donations of prosthetic devices, and may apply those items to the purposes of this chapter.

  14. Tex. Health & Safety Code Sec. 36.014. CONTRACTS. The department may enter into contracts and agreements necessary to administer this chapter, including contracts for the purchase of remedial services.

Chapter 37

  1. Tex. Health & Safety Code Sec. 37.001. SCREENING PROGRAM FOR ABNORMAL SPINAL CURVATURE.

  2. Tex. Health & Safety Code Sec. 37.002. COMPLIANCE WITH SCREENING REQUIREMENTS.

  3. Tex. Health & Safety Code Sec. 37.003. REPORTS.

  4. Tex. Health & Safety Code Sec. 37.004. QUALIFICATIONS OF PERSONS PROVIDING SCREENING.

  5. Tex. Health & Safety Code Sec. 37.005. FUNDING. The department may accept appropriations, donations, and reimbursements and may apply those items to the purposes of this chapter.

  6. Tex. Health & Safety Code Sec. 37.006. CONTRACTS. The department may enter into contracts and agreements necessary to administer this chapter.

Chapter 40

  1. Tex. Health & Safety Code Sec. 40.001. DEFINITION. In this chapter, "epilepsy" means a variable symptom complex characterized by recurrent paroxysmal attacks of unconsciousness or impaired consciousness, usually with a succession of clonic or tonic muscular spasms or other abnormal behavior.

  2. Tex. Health & Safety Code Sec. 40.002. EPILEPSY PROGRAM. The department, with approval of the executive commissioner, may establish an epilepsy program to provide diagnostic services, treatment, and support services to eligible persons who have epilepsy.

  3. Tex. Health & Safety Code Sec. 40.003. RULES. The executive commissioner may adopt rules the executive commissioner considers necessary to define the scope of the epilepsy program and the medical and financial standards for eligibility.

  4. Tex. Health & Safety Code Sec. 40.004. ADMINISTRATION.

  5. Tex. Health & Safety Code Sec. 40.005. FEES. Program patients may be charged a fee for services according to rules adopted by the executive commissioner.

  6. Tex. Health & Safety Code Sec. 40.006. FUNDING. The department may seek, receive, and spend any funds received through appropriations, grants, or donations from public or private sources for the purposes of the epilepsy program.

  7. Tex. Health & Safety Code Sec. 40.007. CONTRACTS. The department may enter into contracts or other agreements it considers necessary to facilitate the provision of services under this chapter, including contracts with other departments, agencies, boards, educational institutions, individuals, county governments, municipal governments, states, and the United States.

Chapter 41

  1. Tex. Health & Safety Code Sec. 41.001. DEFINITIONS. In this chapter:

  2. Tex. Health & Safety Code Sec. 41.002. HEMOPHILIA ASSISTANCE PROGRAM.

  3. Tex. Health & Safety Code Sec. 41.003. ADMINISTRATION.

  4. Tex. Health & Safety Code Sec. 41.004. FINANCIAL ELIGIBILITY.

  5. Tex. Health & Safety Code Sec. 41.005. REIMBURSEMENT.

  6. Tex. Health & Safety Code Sec. 41.006. RECOVERY OF COSTS.

  7. Tex. Health & Safety Code Sec. 41.007. FUNDING.

Chapter 42

  1. Tex. Health & Safety Code Sec. 42.001. SHORT TITLE; PURPOSE.

  2. Tex. Health & Safety Code Sec. 42.002. DEFINITIONS. In this chapter:

  3. Tex. Health & Safety Code Sec. 42.003. KIDNEY HEALTH CARE PROGRAM.

  4. Tex. Health & Safety Code Sec. 42.004. SERVICES.

  5. Tex. Health & Safety Code Sec. 42.0045. DISTRIBUTION OF DRUGS AND DEVICES.

  6. Tex. Health & Safety Code Sec. 42.0047. ESTIMATED GLOMERULAR FILTRATION RATE REPORTING.

  7. Tex. Health & Safety Code Sec. 42.005. FACILITIES.

  8. Tex. Health & Safety Code Sec. 42.006. SELECTION OF SERVICE PROVIDERS.

  9. Tex. Health & Safety Code Sec. 42.007. ELIGIBILITY FOR SERVICES. The executive commissioner may determine the terms, conditions, and standards, including medical and financial standards, for the eligibility of persons with end stage renal disease to receive the aid, care, or treatment provided under this chapter.

  10. Tex. Health & Safety Code Sec. 42.008. DENIAL, MODIFICATION, SUSPENSION, OR TERMINATION OF SERVICES.

  11. Tex. Health & Safety Code Sec. 42.009. REIMBURSEMENT.

  12. Tex. Health & Safety Code Sec. 42.010. RECOVERY OF COSTS.

  13. Tex. Health & Safety Code Sec. 42.011. FUNDING.

  14. Tex. Health & Safety Code Sec. 42.012. CONTRACTS.

  15. Tex. Health & Safety Code Sec. 42.013. COOPERATION.

  16. Tex. Health & Safety Code Sec. 42.014. SCIENTIFIC INVESTIGATIONS.

  17. Tex. Health & Safety Code Sec. 42.015. EDUCATIONAL PROGRAMS.

  18. Tex. Health & Safety Code Sec. 42.016. REPORTS. The department shall report to the governor and the legislature not later than February 1 of each year concerning its findings, progress, and activities under this chapter and the state's total need in the field of kidney health care.

  19. Tex. Health & Safety Code Sec. 42.017. INSURANCE PREMIUMS. The department may provide for payment of the premiums required to maintain coverage under Title XVIII of the Social Security Act (42 U.S.C. Section 1395 et seq.) for certain classes of persons with end stage renal disease, in individually considered instances according to criteria established by department rules.

  20. Tex. Health & Safety Code Sec. 42.018. FREEDOM OF SELECTION. The freedom of an eligible person to select a treating physician, a treatment facility, or a treatment modality is not limited by Section 42.009 if the physician, facility, or modality is approved by the department as required by this chapter.

Chapter 43

  1. Tex. Health & Safety Code Sec. 43.001. SHORT TITLE. This chapter may be cited as the Texas Oral Health Improvement Act.

  2. Tex. Health & Safety Code Sec. 43.002. LIBERAL CONSTRUCTION. It is the intent of the legislature that this chapter be construed liberally so that eligible individuals may receive appropriate and adequate oral health services in a timely manner.

  3. Tex. Health & Safety Code Sec. 43.003. DEFINITIONS.

  4. Tex. Health & Safety Code Sec. 43.004. ORAL HEALTH IMPROVEMENT SERVICES PROGRAM.

  5. Tex. Health & Safety Code Sec. 43.005. ADMINISTRATION.

Chapter 45

  1. Tex. Health & Safety Code Sec. 45.001. DEFINITION. In this chapter, "child passenger safety seat system" has the meaning assigned by Section 545.412, Transportation Code.

  2. Tex. Health & Safety Code Sec. 45.002. CHILD PASSENGER SAFETY SEAT SYSTEM PROGRAM.

  3. Tex. Health & Safety Code Sec. 45.003. RULES. The executive commissioner may adopt rules governing eligibility for a child passenger safety seat system from the program established under Section 45.002.

Chapter 46

  1. Tex. Health & Safety Code Sec. 46.001. DEFINITION. In this chapter, "congenital cytomegalovirus" means cytomegalovirus acquired by an infant before birth.

  2. Tex. Health & Safety Code Sec. 46.002. EDUCATIONAL MATERIALS ON CONGENITAL CYTOMEGALOVIRUS.

  3. Tex. Health & Safety Code Sec. 46.003. PUBLICATION OF MATERIALS.

  4. Tex. Health & Safety Code Sec. 46.004. EDUCATION AND OUTREACH.

  5. Tex. Health & Safety Code Sec. 46.005. RULES. The executive commissioner may adopt rules for the implementation of this chapter.

Chapter 47

  1. Tex. Health & Safety Code Sec. 47.001. DEFINITIONS. In this chapter:

  2. Tex. Health & Safety Code Sec. 47.003. NEWBORN HEARING SCREENING, TRACKING, AND INTERVENTION PROGRAM.

  3. Tex. Health & Safety Code Sec. 47.0031. FOLLOW-UP SCREENING.

  4. Tex. Health & Safety Code Sec. 47.0032. TESTING FOR CONGENITAL CYTOMEGALOVIRUS.

  5. Tex. Health & Safety Code Sec. 47.004. CERTIFICATION OF SCREENING PROGRAMS.

  6. Tex. Health & Safety Code Sec. 47.005. INFORMATION CONCERNING SCREENING RESULTS AND FOLLOW-UP CARE.

  7. Tex. Health & Safety Code Sec. 47.006. TECHNICAL ASSISTANCE BY DEPARTMENT. The department may consult with a birthing facility and provide to the facility technical assistance associated with the implementation of a certified program.

  8. Tex. Health & Safety Code Sec. 47.007. INFORMATION MANAGEMENT, REPORTING, AND TRACKING SYSTEM.

  9. Tex. Health & Safety Code Sec. 47.008. CONFIDENTIALITY AND GENERAL ACCESS TO DATA.

  10. Tex. Health & Safety Code Sec. 47.0085. CONSENT.

  11. Tex. Health & Safety Code Sec. 47.009. IMMUNITY FROM LIABILITY. A birthing facility, a clinical laboratory, an audiologist, a health care provider, a physician, a registered nurse, or any other officer or employee of a birthing facility, a laboratory, a physician, or an audiologist is not criminally or civilly liable for furnishing information in good faith to the department or its designee as required by this chapter. This section does not apply to information gathered and furnished after a parent of a newborn or infant declined screening offered through a program.

  12. Tex. Health & Safety Code Sec. 47.010. RULEMAKING.

  13. Tex. Health & Safety Code Sec. 47.011. DUTIES OF MIDWIFE.

Chapter 48

  1. Tex. Health & Safety Code Sec. 48.001. DEFINITIONS. In this chapter:

  2. Tex. Health & Safety Code Sec. 48.051. PROMOTORA AND COMMUNITY HEALTH WORKER TRAINING PROGRAM.

  3. Tex. Health & Safety Code Sec. 48.052. CERTIFICATION PROGRAM FOR PROMOTORAS AND COMMUNITY HEALTH WORKERS.

  4. Tex. Health & Safety Code Sec. 48.053. RULES. The executive commissioner shall adopt rules for the administration of this subchapter.

  5. Tex. Health & Safety Code Sec. 48.101. PROMOTORA AND COMMUNITY HEALTH WORKER TRAINING AND CERTIFICATION ADVISORY COMMITTEE.

Chapter 50

  1. Tex. Health & Safety Code Sec. 50.0001. DEFINITIONS. In this subchapter:

  2. Tex. Health & Safety Code Sec. 50.0002. ESTABLISHMENT; PURPOSE. The commission, in collaboration with the institution designated under Section 50.0003, shall establish a program to improve the quality and accessibility of care for victims of child sex trafficking in this state.

  3. Tex. Health & Safety Code Sec. 50.0003. DESIGNATION OF INSTITUTION; OPERATION OF PROGRAM.

  4. Tex. Health & Safety Code Sec. 50.0004. FUNDING. In addition to money appropriated by the legislature, the designated institution may accept gifts, grants, and donations from any public or private person for the purpose of carrying out the program.

  5. Tex. Health & Safety Code Sec. 50.0005. RULES. The executive commissioner shall adopt rules necessary to implement this subchapter.

  6. Tex. Health & Safety Code Sec. 50.0051. ESTABLISHMENT OF MATCHING GRANT PROGRAM.

  7. Tex. Health & Safety Code Sec. 50.0052. APPLICATION.

  8. Tex. Health & Safety Code Sec. 50.0053. FUNDING. In addition to money appropriated by the legislature, the commission may solicit and accept gifts, grants, or donations from any source to administer and finance the matching grant program established under this subchapter.

  9. Tex. Health & Safety Code Sec. 50.0101. ESTABLISHMENT OF GRANT PROGRAM.

  10. Tex. Health & Safety Code Sec. 50.0102. FUNDING. In addition to money appropriated by the legislature, the office of the governor may solicit and accept gifts, grants, or donations from any source to administer and finance the grant program established under this subchapter.

  11. Tex. Health & Safety Code Sec. 50.0151. DEFINITIONS. In this subchapter:

  12. Tex. Health & Safety Code Sec. 50.0152. PURPOSE. The purpose of the trafficked persons program account is to provide money:

  13. Tex. Health & Safety Code Sec. 50.0153. ESTABLISHMENT OF ACCOUNT.

  14. Tex. Health & Safety Code Sec. 50.0154. ACCOUNT ADMINISTRATION.

  15. Tex. Health & Safety Code Sec. 50.0155. TRAFFICKED PERSONS GRANT PROGRAM.

  16. Tex. Health & Safety Code Sec. 50.0156. REQUIRED GRANT CONTRACT. Before awarding a grant under this subchapter, the commission shall enter into a written agreement with the recipient specifying that:

  17. Tex. Health & Safety Code Sec. 50.0157. COMMISSION PROVISION OF SERVICES. The commission may distribute money from the account to the commission for the purposes of providing services described by Section 50.0155 if the commission determines it has the resources and personnel necessary to provide those services in accordance with this subchapter and rules adopted under this subchapter.

Chapter 51

  1. Tex. Health & Safety Code Sec. 51.0001. DEFINITIONS. In this chapter:

  2. Tex. Health & Safety Code Sec. 51.0002. ESTABLISHMENT. An independent, third-party organization may develop and implement the cancer clinical trial participation program to provide reimbursement to subjects for ancillary costs associated with participation in a cancer clinical trial, including costs for:

  3. Tex. Health & Safety Code Sec. 51.0003. REQUIREMENTS; NOTICE.

  4. Tex. Health & Safety Code Sec. 51.0004. REIMBURSEMENT REQUIREMENTS; NOTICE.

  5. Tex. Health & Safety Code Sec. 51.0005. REIMBURSEMENT STATUS AS INDUCEMENT. Reimbursement to a subject of ancillary costs under the program:

  6. Tex. Health & Safety Code Sec. 51.0006. FUNDING. The independent, third-party organization that administers the program may accept gifts, grants, and donations from any public or private source to implement this chapter.

  7. Tex. Health & Safety Code Sec. 51.0007. COLLABORATION. The independent, third-party organization that administers the program may collaborate with the Cancer Prevention and Research Institute of Texas established under Chapter 102 to provide reimbursement under the program.

Chapter 52

  1. Tex. Health & Safety Code Sec. 52.0001. ESTABLISHMENT OF TASK FORCE. The executive commissioner, in collaboration with the members appointed to the Newborn Screening Advisory Committee to represent the sickle cell community, shall establish and maintain a task force to raise awareness of sickle cell disease and sickle cell trait.

  2. Tex. Health & Safety Code Sec. 52.0002. DUTIES.

  3. Tex. Health & Safety Code Sec. 52.0003. COMPOSITION OF TASK FORCE. The task force is composed of the following members appointed by the executive commissioner:

  4. Tex. Health & Safety Code Sec. 52.0004. ADMINISTRATIVE SUPPORT. The executive commissioner shall provide administrative support services at the request of the task force.

  5. Tex. Health & Safety Code Sec. 52.0005. PRESIDING OFFICER; MEETINGS.

  6. Tex. Health & Safety Code Sec. 52.0006. COMPENSATION; REIMBURSEMENT; GIFTS, GRANTS, AND DONATIONS. A task force member is not entitled to compensation for service on the task force but is entitled to reimbursement for actual and necessary expenses incurred in performing task force duties. The task force may accept gifts, grants, and donations to pay for those expenses.

  7. Tex. Health & Safety Code Sec. 52.0007. ANNUAL REPORT.

  8. Tex. Health & Safety Code Sec. 52.0008. EXPIRATION. The task force is abolished and this chapter expires August 31, 2035.

Chapter 53

  1. Tex. Health & Safety Code Sec. 53.001. ESTABLISHMENT OF PROGRAM.

Chapter 54

  1. Tex. Health & Safety Code Sec. 54.001. DEFINITIONS. In this chapter:

  2. Tex. Health & Safety Code Sec. 54.002. ESTABLISHMENT.

  3. Tex. Health & Safety Code Sec. 54.003. SERVICES.

  4. Tex. Health & Safety Code Sec. 54.004. ELIGIBILITY. Program services are available to a resident of this state who is:

  5. Tex. Health & Safety Code Sec. 54.005. PROVISION OF SERVICES.

  6. Tex. Health & Safety Code Sec. 54.006. PERFORMANCE OUTCOMES.

  7. Tex. Health & Safety Code Sec. 54.007. IMPACT EVALUATION.

  8. Tex. Health & Safety Code Sec. 54.008. REPORTS; AUDITS.

  9. Tex. Health & Safety Code Sec. 54.009. RULES.

  10. Tex. Health & Safety Code Sec. 54.010. PROHIBITED CONTRACT TERMS. A contract under this chapter may not include a provision that violates Chapter 110, Civil Practice and Remedies Code, or Chapter 45, Human Resources Code.

  11. Tex. Health & Safety Code Sec. 54.011. FUNDING.

  12. Tex. Health & Safety Code Sec. 54.012. PARTICIPATION BY SMALL SERVICE PROVIDERS.

Chapter 55

  1. Tex. Health & Safety Code Sec. 55.001. ESTABLISHMENT OF PROGRAM. The department shall establish a living organ donor education program to educate residents of this state about:

  2. Tex. Health & Safety Code Sec. 55.002. INFORMATIONAL MATERIALS.

Chapter 61

  1. Tex. Health & Safety Code Sec. 61.001. SHORT TITLE. This chapter may be cited as the Indigent Health Care and Treatment Act.

  2. Tex. Health & Safety Code Sec. 61.002. DEFINITIONS. In this chapter:

  3. Tex. Health & Safety Code Sec. 61.003. RESIDENCE.

  4. Tex. Health & Safety Code Sec. 61.004. RESIDENCE OR ELIGIBILITY DISPUTE.

  5. Tex. Health & Safety Code Sec. 61.0045. INFORMATION NECESSARY TO DETERMINE ELIGIBILITY.

  6. Tex. Health & Safety Code Sec. 61.005. CONTRIBUTION TOWARD COST OF ASSISTANCE.

  7. Tex. Health & Safety Code Sec. 61.006. STANDARDS AND PROCEDURES.

  8. Tex. Health & Safety Code Sec. 61.007. INFORMATION PROVIDED BY APPLICANT. The executive commissioner by rule shall require each applicant to provide at least the following information:

  9. Tex. Health & Safety Code Sec. 61.008. ELIGIBILITY RULES.

  10. Tex. Health & Safety Code Sec. 61.009. REPORTING REQUIREMENTS.

  11. Tex. Health & Safety Code Sec. 61.010. DEDICATED TAX REVENUES. If the governing body of a governmental entity adopts a property tax rate that exceeds the rate calculated under Section 26.04, Tax Code, by more than eight percent, and if a portion of the tax rate was designated to provide revenue for indigent health care services required by this chapter, the revenue produced by the portion of the tax rate designated for that purpose may be spent only to provide indigent health care services.

  12. Tex. Health & Safety Code Sec. 61.011. SERVICES BY STATE HOSPITAL OR CLINIC. A state hospital or clinic shall be entitled to payment for services rendered to an eligible resident under the provisions of this chapter applicable to other providers. The executive commissioner may adopt rules as necessary to implement this section.

  13. Tex. Health & Safety Code Sec. 61.012. REIMBURSEMENT FOR SERVICES.

  14. Tex. Health & Safety Code Sec. 61.021. APPLICATION OF SUBCHAPTER. This subchapter applies to health care services and assistance provided to a person who does not reside in the service area of a public hospital or hospital district.

  15. Tex. Health & Safety Code Sec. 61.022. COUNTY OBLIGATION.

  16. Tex. Health & Safety Code Sec. 61.0221. AUTHORITY RELATING TO OTHER ASSISTANCE PROGRAMS. This subchapter does not affect the authority of the commissioners court of a county to provide eligibility standards or other requirements relating to assistance programs or services that are not covered by this subchapter.

  17. Tex. Health & Safety Code Sec. 61.023. GENERAL ELIGIBILITY PROVISIONS.

  18. Tex. Health & Safety Code Sec. 61.024. COUNTY APPLICATION PROCEDURE.

  19. Tex. Health & Safety Code Sec. 61.025. COUNTY AGREEMENT WITH MUNICIPALITY.

  20. Tex. Health & Safety Code Sec. 61.026. REVIEW OF ELIGIBILITY. A county shall review at least once every six months the eligibility of a resident for whom an application for assistance has been granted and who has received assistance under this chapter.

  21. Tex. Health & Safety Code Sec. 61.027. CHANGE IN ELIGIBILITY STATUS.

  22. Tex. Health & Safety Code Sec. 61.028. BASIC HEALTH CARE SERVICES.

  23. Tex. Health & Safety Code Sec. 61.0285. OPTIONAL HEALTH CARE SERVICES.

  24. Tex. Health & Safety Code Sec. 61.029. PROVISION OF HEALTH CARE SERVICES.

  25. Tex. Health & Safety Code Sec. 61.030. MANDATED PROVIDER. A county may select one or more providers of health care services. The county may require eligible county residents to obtain care from a mandated provider except:

  26. Tex. Health & Safety Code Sec. 61.031. NOTIFICATION OF PROVISION OF NONEMERGENCY SERVICES.

  27. Tex. Health & Safety Code Sec. 61.032. NOTIFICATION OF PROVISION OF EMERGENCY SERVICES.

  28. Tex. Health & Safety Code Sec. 61.033. PAYMENT FOR SERVICES.

  29. Tex. Health & Safety Code Sec. 61.034. PAYMENT STANDARDS FOR HEALTH CARE SERVICES.

  30. Tex. Health & Safety Code Sec. 61.035. LIMITATION OF COUNTY LIABILITY. The maximum county liability for each state fiscal year for health care services provided by all assistance providers, including a hospital and a skilled nursing facility, to each eligible county resident is:

  31. Tex. Health & Safety Code Sec. 61.036. DETERMINATION OF ELIGIBILITY FOR PURPOSES OF STATE ASSISTANCE.

  32. Tex. Health & Safety Code Sec. 61.037. COUNTY ELIGIBILITY FOR STATE ASSISTANCE.

  33. Tex. Health & Safety Code Sec. 61.038. DISTRIBUTION OF ASSISTANCE FUNDS.

  34. Tex. Health & Safety Code Sec. 61.039. FAILURE TO PROVIDE STATE ASSISTANCE. If the department fails to provide assistance to an eligible county as prescribed by Section 61.038, the county is not liable for payments for health care services provided to its eligible county residents after the county reaches the eight percent expenditure level.

  35. Tex. Health & Safety Code Sec. 61.0395. LIMITED TO APPROPRIATED FUNDS.

  36. Tex. Health & Safety Code Sec. 61.040. TAX INFORMATION.

  37. Tex. Health & Safety Code Sec. 61.041. COUNTY REPORTING.

  38. Tex. Health & Safety Code Sec. 61.042. EMPLOYMENT SERVICES PROGRAM.

  39. Tex. Health & Safety Code Sec. 61.043. PREVENTION AND DETECTION OF FRAUD.

  40. Tex. Health & Safety Code Sec. 61.044. SUBROGATION.

  41. Tex. Health & Safety Code Sec. 61.051. APPLICATION OF SUBCHAPTER.

  42. Tex. Health & Safety Code Sec. 61.052. GENERAL ELIGIBILITY PROVISIONS.

  43. Tex. Health & Safety Code Sec. 61.053. APPLICATION PROCEDURE.

  44. Tex. Health & Safety Code Sec. 61.054. BASIC HEALTH CARE SERVICES PROVIDED BY A PUBLIC HOSPITAL.

  45. Tex. Health & Safety Code Sec. 61.055. BASIC HEALTH CARE SERVICES PROVIDED BY HOSPITAL DISTRICTS.

  46. Tex. Health & Safety Code Sec. 61.056. PROVISION OF HEALTH CARE SERVICES.

  47. Tex. Health & Safety Code Sec. 61.057. MANDATED PROVIDER. A public hospital may select one or more providers of health care services. A public hospital may require eligible residents to obtain care from a mandated provider except:

  48. Tex. Health & Safety Code Sec. 61.058. NOTIFICATION OF PROVISION OF NONEMERGENCY SERVICES.

  49. Tex. Health & Safety Code Sec. 61.059. NOTIFICATION OF PROVISION OF EMERGENCY SERVICES.

  50. Tex. Health & Safety Code Sec. 61.060. PAYMENT FOR SERVICES.

  51. Tex. Health & Safety Code Sec. 61.061. PAYMENT RATES AND LIMITS. The payment rates and limits prescribed by Sections 61.034 and 61.035 that relate to county services apply to inpatient and outpatient hospital services a public hospital is required to provide if:

  52. Tex. Health & Safety Code Sec. 61.062. RESPONSIBILITY OF GOVERNMENTAL ENTITY. A governmental entity that owns, operates, or leases a public hospital shall provide sufficient funding to the hospital to provide basic health care services.

  53. Tex. Health & Safety Code Sec. 61.063. PROCEDURE TO CHANGE ELIGIBILITY STANDARDS OR SERVICES PROVIDED.

  54. Tex. Health & Safety Code Sec. 61.064. TRANSFER OF A PUBLIC HOSPITAL.

  55. Tex. Health & Safety Code Sec. 61.065. COUNTY RESPONSIBILITY FOR HOSPITAL SOLD ON OR AFTER JANUARY 1, 1988.

  56. Tex. Health & Safety Code Sec. 61.066. PREVENTION AND DETECTION OF FRAUD.

  57. Tex. Health & Safety Code Sec. 61.067. LIEN BY NON-PROVIDER HOSPITAL DISTRICT.

  58. Tex. Health & Safety Code Sec. 61.068. EMPLOYMENT SERVICES PROGRAM.

Chapter 62

  1. Tex. Health & Safety Code Sec. 62.001. OBJECTIVE OF THE STATE CHILD HEALTH PLAN. The principal objective of the state child health plan is to provide primary and preventative health care to low-income, uninsured children of this state, including children with special health care needs, who are not served by or eligible for other state assisted health insurance programs.

  2. Tex. Health & Safety Code Sec. 62.002. DEFINITIONS. In this chapter:

  3. Tex. Health & Safety Code Sec. 62.003. NOT AN ENTITLEMENT; TERMINATION OF PROGRAM.

  4. Tex. Health & Safety Code Sec. 62.004. FEDERAL LAW AND REGULATIONS. The executive commissioner shall monitor federal legislation affecting Title XXI of the Social Security Act (42 U.S.C. Section 1397aa et seq.) and changes to the federal regulations implementing that law. If the executive commissioner determines that a change to Title XXI of the Social Security Act (42 U.S.C. Section 1397aa et seq.) or the federal regulations implementing that law conflicts with this chapter, the executive commissioner shall report the changes to the governor, lieutenant governor, and speaker of the house of representatives, with recommendations for legislation necessary to implement the federal law or regulations, seek a waiver, or withdraw from participation.

  5. Tex. Health & Safety Code Sec. 62.051. DUTIES OF EXECUTIVE COMMISSIONER AND COMMISSION IN GENERAL.

  6. Tex. Health & Safety Code Sec. 62.052. AUTHORITY OF COMMISSION RELATING TO HEALTH PLAN PROVIDER CONTRACTS. The commission may:

  7. Tex. Health & Safety Code Sec. 62.053. AUTHORITY OF COMMISSION RELATING TO ELIGIBILITY AND MEDICAID COORDINATION. The commission may:

  8. Tex. Health & Safety Code Sec. 62.0531. AUTHORITY OF COMMISSION RELATING TO THIRD PARTY ADMINISTRATOR. If the commission contracts with a third party administrator under Section 62.055, the commission may:

  9. Tex. Health & Safety Code Sec. 62.054. DUTIES OF TEXAS DEPARTMENT OF INSURANCE.

  10. Tex. Health & Safety Code Sec. 62.055. CONTRACTS FOR IMPLEMENTATION OF CHILD HEALTH PLAN.

  11. Tex. Health & Safety Code Sec. 62.056. COMMUNITY OUTREACH CAMPAIGN; TOLL-FREE HOTLINE.

  12. Tex. Health & Safety Code Sec. 62.058. FRAUD PREVENTION. The commission shall develop and implement rules for the prevention and detection of fraud in the child health plan program.

  13. Tex. Health & Safety Code Sec. 62.0582. THIRD-PARTY BILLING VENDORS.

  14. Tex. Health & Safety Code Sec. 62.060. HEALTH INFORMATION TECHNOLOGY STANDARDS.

  15. Tex. Health & Safety Code Sec. 62.101. ELIGIBILITY.

  16. Tex. Health & Safety Code Sec. 62.1011. VERIFICATION OF INCOME. The commission shall continue employing methods of verifying the individual incomes of the individuals considered in the calculation of an applicant's household income. The commission shall verify income under this section unless the applicant reports a household income that exceeds the income eligibility level established under Section 62.101(b).

  17. Tex. Health & Safety Code Sec. 62.1015. ELIGIBILITY OF CERTAIN CHILDREN; DISALLOWANCE OF MATCHING FUNDS.

  18. Tex. Health & Safety Code Sec. 62.102. CONTINUOUS COVERAGE.

  19. Tex. Health & Safety Code Sec. 62.103. APPLICATION FORM AND PROCEDURES.

  20. Tex. Health & Safety Code Sec. 62.104. ELIGIBILITY SCREENING AND ENROLLMENT.

  21. Tex. Health & Safety Code Sec. 62.105. COVERAGE FOR QUALIFIED ALIENS. The commission shall provide coverage under the state Medicaid program and under the program established under this chapter to a child who is a qualified alien, as that term is defined by 8 U.S.C. Section 1641(b), if the federal government authorizes the state to provide that coverage. The commission shall comply with any prerequisite imposed under the federal law to providing that coverage.

  22. Tex. Health & Safety Code Sec. 62.106. SUSPENSION AND AUTOMATIC REINSTATEMENT OF ELIGIBILITY FOR CHILDREN IN JUVENILE FACILITIES.

  23. Tex. Health & Safety Code Sec. 62.107. NOTICE OF CERTAIN PLACEMENTS IN JUVENILE FACILITIES.

  24. Tex. Health & Safety Code Sec. 62.151. CHILD HEALTH PLAN COVERAGE.

  25. Tex. Health & Safety Code Sec. 62.1511. COVERAGE FOR MATERNAL DEPRESSION SCREENING.

  26. Tex. Health & Safety Code Sec. 62.1512. COVERAGE FOR CHILDHOOD CRANIAL REMOLDING ORTHOSIS.

  27. Tex. Health & Safety Code Sec. 62.152. APPLICATION OF INSURANCE LAW. To provide the flexibility necessary to satisfy the requirements of Title XXI of the Social Security Act (42 U.S.C. Section 1397aa et seq.), as amended, and any other applicable law or regulations, the child health plan is not subject to a law that requires:

  28. Tex. Health & Safety Code Sec. 62.153. COST SHARING.

  29. Tex. Health & Safety Code Sec. 62.154. WAITING PERIOD; CROWD OUT.

  30. Tex. Health & Safety Code Sec. 62.155. HEALTH PLAN PROVIDERS.

  31. Tex. Health & Safety Code Sec. 62.1551. INCLUSION OF CERTAIN HEALTH CARE PROVIDERS IN PROVIDER NETWORKS.

  32. Tex. Health & Safety Code Sec. 62.156. HEALTH CARE PROVIDERS. Health care providers who provide health care services under the child health plan must satisfy certification and licensure requirements, as required by commission rules and consistent with other law.

  33. Tex. Health & Safety Code Sec. 62.1561. PROHIBITION OF CERTAIN HEALTH CARE PROVIDERS. The executive commissioner shall adopt rules for prohibiting a person from participating in the child health plan program as a health care provider for a reasonable period, as determined by the executive commissioner, if the person:

  34. Tex. Health & Safety Code Sec. 62.157. TELEMEDICINE MEDICAL SERVICES, TELEDENTISTRY DENTAL SERVICES, AND TELEHEALTH SERVICES FOR CHILDREN WITH SPECIAL HEALTH CARE NEEDS.

  35. Tex. Health & Safety Code Sec. 62.1571. TELEMEDICINE MEDICAL SERVICES, TELEDENTISTRY DENTAL SERVICES, AND TELEHEALTH SERVICES.

  36. Tex. Health & Safety Code Sec. 62.158. STATE TAXES. The commission shall ensure that any experience rebate or profit-sharing for health plan providers under the child health plan is calculated by treating premium, maintenance, and other taxes under the Insurance Code and any other taxes payable to this state as allowable expenses for purposes of determining the amount of the experience rebate or profit-sharing.

  37. Tex. Health & Safety Code Sec. 62.159. DISEASE MANAGEMENT SERVICES.

Chapter 63

  1. Tex. Health & Safety Code Sec. 63.002. NOT AN ENTITLEMENT. This chapter does not establish an entitlement to assistance in obtaining health benefits for a child.

  2. Tex. Health & Safety Code Sec. 63.003. HEALTH BENEFITS PLAN COVERAGE FOR CERTAIN CHILDREN. The executive commissioner shall develop and implement a program to provide health benefits plan coverage for a child who:

  3. Tex. Health & Safety Code Sec. 63.004. BENEFITS COVERAGE REQUIRED. To the extent possible, the program required by Section 63.003 must provide benefits comparable to the benefits provided under the child health plan program under Chapter 62.

  4. Tex. Health & Safety Code Sec. 63.005. HEALTH BENEFITS PLAN PROVIDER.

  5. Tex. Health & Safety Code Sec. 63.006. COST-SHARING PAYMENTS.

  6. Tex. Health & Safety Code Sec. 63.007. DISALLOWANCE OF MATCHING FUNDS FROM FEDERAL GOVERNMENT. Expenditures made to provide health benefits plan coverage under this chapter may not be included for the purpose of determining the state children's health insurance expenditures, as that term is defined by 42 U.S.C. Section 1397ee(d)(2)(B), as amended.

Chapter 64

  1. Tex. Health & Safety Code Sec. 64.001. TEACHING HOSPITAL ACCOUNT. The Department of State Health Services state-owned multi-categorical teaching hospital account is an account in the general revenue fund. Money in the account may be appropriated only to the department to provide funding for indigent health care.

Human Resources

Chapter 1

  1. Tex. Human Resources Code Sec. 1.001. PURPOSE OF CODE.

  2. Tex. Human Resources Code Sec. 1.002. CONSTRUCTION OF CODE. The Code Construction Act (Chapter 311, Government Code) applies to the construction of each provision of this code, except as otherwise expressly provided by this code.

  3. Tex. Human Resources Code Sec. 1.003. INTERNAL REFERENCES. In this code:

Chapter 11

  1. Tex. Human Resources Code Sec. 11.001. DEFINITIONS. In this title:

  2. Tex. Human Resources Code Sec. 11.002. PURPOSE OF TITLE; CONSTRUCTION.

  3. Tex. Human Resources Code Sec. 11.003. RESPONSIBILITY OF COUNTIES AND MUNICIPALITIES NOT AFFECTED. No provision of this title is intended to release the counties and municipalities in this state from the specific responsibilities they have with regard to the support of public welfare, child welfare, and relief services. Funds which the counties and municipalities may appropriate for the support of those programs may be administered through the local or regional offices of the commission or Department of Aging and Disability Services, and if administered in that manner must be devoted exclusively to the programs in the county or municipality making the appropriation.

  4. Tex. Human Resources Code Sec. 11.004. POWERS AND FUNCTIONS NOT AFFECTED. The provisions of this title are not intended to interfere with the powers and functions of the commission, the health and human services agencies, as defined by Section 521.0001, Government Code, or county juvenile boards.

Chapter 12

  1. Tex. Human Resources Code Sec. 12.001. PROHIBITED ACTIVITIES.

  2. Tex. Human Resources Code Sec. 12.002. UNLAWFUL USE OF FUNDS.

  3. Tex. Human Resources Code Sec. 12.003. DISCLOSURE OF INFORMATION PROHIBITED.

Chapter 21

  1. Tex. Human Resources Code Sec. 21.011. ANNUAL REPORT ON DEPARTMENT OF AGING AND DISABILITY SERVICES. On or before December 31 of each year the Department of Aging and Disability Services shall prepare and submit to the commission a full report on the operation and administration of the department under this title together with the department's recommendations for changes. The commission shall submit the report to the governor and the legislature.

  2. Tex. Human Resources Code Sec. 21.012. CONFIDENTIALITY OF INFORMATION.

  3. Tex. Human Resources Code Sec. 21.013. OATHS AND ACKNOWLEDGMENTS. A local representative of the commission or the Department of Aging and Disability Services who is responsible for investigating and determining the eligibility of an applicant for assistance authorized in this title may administer oaths and take acknowledgments concerning all matters relating to the administration of this title. The representative shall sign the oaths or acknowledgments and indicate the representative's position and title but need not seal the instruments. The representative has the same authority as a notary public coextensive with the limits of the state for the purpose of administering the provisions of this title.

Chapter 22

  1. Tex. Human Resources Code Sec. 22.0001. COMMISSIONER'S POWERS AND DUTIES; EFFECT OF CONFLICT WITH OTHER LAW. To the extent a power or duty given to the commissioner of aging and disability services by this title or another law conflicts with any of the following provisions of the Government Code, the Government Code provision controls:

  2. Tex. Human Resources Code Sec. 22.001. GENERAL POWERS AND DUTIES OF COMMISSION.

  3. Tex. Human Resources Code Sec. 22.0011. DEFINITIONS. In this chapter:

  4. Tex. Human Resources Code Sec. 22.0015. EVALUATION AND IMPROVEMENT OF PROGRAMS. The commission and the department shall conduct research, analysis, and reporting of the programs administered by each agency under this title to evaluate and improve the programs. The commission and the department may contract with one or more independent entities to assist the commission or the department, as applicable, with the research, analysis, and reporting required by this section.

  5. Tex. Human Resources Code Sec. 22.002. ADMINISTRATION OF FEDERAL WELFARE PROGRAMS.

  6. Tex. Human Resources Code Sec. 22.003. RESEARCH AND DEMONSTRATION PROJECTS.

  7. Tex. Human Resources Code Sec. 22.0031. PROJECTS FOR HIGH-RISK PREGNANT WOMEN AND HIGH-RISK CHILDREN.

  8. Tex. Human Resources Code Sec. 22.0033. PROHIBITED ACTIVITIES BY FORMER OFFICERS OR EMPLOYEES.

  9. Tex. Human Resources Code Sec. 22.004. PROVISION OF LEGAL SERVICES.

  10. Tex. Human Resources Code Sec. 22.005. CUSTODIAN OF ASSISTANCE FUNDS.

  11. Tex. Human Resources Code Sec. 22.007. PUBLIC INFORMATION CONTRACT REQUIREMENT.

  12. Tex. Human Resources Code Sec. 22.008. ENFORCEMENT AND ALTERATION OF SERVICE DELIVERY STANDARDS.

  13. Tex. Human Resources Code Sec. 22.009. ADVISORY COMMITTEES.

  14. Tex. Human Resources Code Sec. 22.011. MEMORANDUM OF UNDERSTANDING ON SERVICES TO PERSONS WITH DISABILITIES.

  15. Tex. Human Resources Code Sec. 22.013. MEMORANDUM OF UNDERSTANDING ON PUBLIC AWARENESS INFORMATION.

  16. Tex. Human Resources Code Sec. 22.014. MEMORANDUM OF UNDERSTANDING ON HOSPITAL AND LONG-TERM CARE SERVICES.

  17. Tex. Human Resources Code Sec. 22.016. SPECIAL PURCHASING PROCEDURES. The department shall coordinate with the commission in complying with any special purchasing procedures requiring competitive review under Subtitle D, Title 10, Government Code, for purchasing under this title.

  18. Tex. Human Resources Code Sec. 22.017. PROGRAM ACCESSIBILITY. The commission shall prepare and maintain a written plan that describes how persons who do not speak English or who have physical, mental, or developmental disabilities can be provided reasonable access to the commission's and the department's programs under this title. The commission may solicit the assistance of a health and human services agency in the preparation or maintenance of the plan.

  19. Tex. Human Resources Code Sec. 22.019. DUE PROCESS PROCEDURES.

  20. Tex. Human Resources Code Sec. 22.020. AUDIT PROCEDURE. At any time during an audit, the commission or the department, as applicable, shall permit a contractor under this title to submit additional or alternative documentation to prove that services were delivered to an eligible client. Any recovery of costs by the commission or the department from the contractor for using additional or alternative documentation may not exceed the amount the contractor would otherwise be entitled to receive under the contract as administrative costs.

  21. Tex. Human Resources Code Sec. 22.021. DISTRIBUTION OF FUNDS.

  22. Tex. Human Resources Code Sec. 22.022. RESIDENCY REQUIREMENTS. To the extent permitted by law the commission and the department shall only provide services under this title to legal residents of the United States or the State of Texas.

  23. Tex. Human Resources Code Sec. 22.023. PAYMENT FOR CERTAIN INSURANCE COVERAGE.

  24. Tex. Human Resources Code Sec. 22.024. DEVELOPMENT OF SERVICE PLAN FOR ELDERLY PERSONS OR PERSONS WITH DISABILITIES. If the commission, the department, the Department of State Health Services, the Department of Assistive and Rehabilitative Services, or another agency funded in the General Appropriations Act under appropriations for health, welfare, and rehabilitation agencies receives funds to provide case management services to elderly persons or persons with disabilities, the agency shall provide information to its staff concerning the services other agencies provide to those populations. The agency's staff shall use that information to develop a comprehensive service plan for its clients.

  25. Tex. Human Resources Code Sec. 22.025. ERROR-RATE REDUCTION.

  26. Tex. Human Resources Code Sec. 22.0251. TIMELY DETERMINATION OF OVERPAYMENTS.

  27. Tex. Human Resources Code Sec. 22.0252. TELEPHONE COLLECTION PROGRAM.

  28. Tex. Human Resources Code Sec. 22.0253. PARTICIPATION IN FEDERAL TAX REFUND OFFSET PROGRAM. The commission shall participate in the Federal Tax Refund Offset Program

  29. Tex. Human Resources Code Sec. 22.0254. PROSECUTION OF FRAUDULENT CLAIMS.

  30. Tex. Human Resources Code Sec. 22.0255. ELECTRONIC BENEFITS TRANSFER CARD; RETURNED-MAIL REDUCTION.

  31. Tex. Human Resources Code Sec. 22.026. REDUCTION OF CLIENT FRAUD. The commission and the department shall:

  32. Tex. Human Resources Code Sec. 22.027. FRAUD PREVENTION.

  33. Tex. Human Resources Code Sec. 22.028. ELECTRONIC BENEFITS TRANSFER: MONITORING.

  34. Tex. Human Resources Code Sec. 22.029. PROJECT FOR FRAUD DETECTION AND PREVENTION THROUGH DATA MATCHING.

  35. Tex. Human Resources Code Sec. 22.0292. INFORMATION MATCHING SYSTEM RELATING TO IMMIGRANTS AND FOREIGN VISITORS.

  36. Tex. Human Resources Code Sec. 22.030. AGREEMENTS FOR PURCHASE OF SERVICES FOR CHILDREN.

  37. Tex. Human Resources Code Sec. 22.031. UNANNOUNCED INSPECTIONS. The commission and the department may make any inspection of a facility or program under the agency's jurisdiction under this title without announcing the inspection.

  38. Tex. Human Resources Code Sec. 22.032. USE OF EARNED FEDERAL FUNDS. Subject to the General Appropriations Act, the commission may use earned federal funds derived from recovery of amounts paid or benefits granted by the commission as a result of fraud to pay the costs of the commission's activities relating to preventing fraud.

  39. Tex. Human Resources Code Sec. 22.036. PROGRAMS FOR INDIVIDUALS WHO ARE DEAF-BLIND WITH MULTIPLE DISABILITIES AND THEIR PARENTS.

  40. Tex. Human Resources Code Sec. 22.039. TRAINING AND CONTINUING EDUCATION RELATED TO CERTAIN LONG-TERM CARE FACILITIES.

  41. Tex. Human Resources Code Sec. 22.040. DETERMINATION OF ELIGIBILITY FOR COMMUNITY CARE SERVICES FOR ELDERLY PERSONS OR PERSONS WITH DISABILITIES. The executive commissioner by rule shall develop and the department shall implement a plan to assist elderly persons or persons with disabilities requesting community care services in receiving those services as quickly as possible when those services become available. The plan must require the department to:

  42. Tex. Human Resources Code Sec. 22.041. THIRD-PARTY INFORMATION. Notwithstanding any other provision of this code, the commission may use information obtained from a third party to verify the assets and resources of a person for purposes of determining the person's eligibility and need for medical assistance, financial assistance, or nutritional assistance. Third-party information includes information obtained from:

Chapter 23

  1. Tex. Human Resources Code Sec. 23.001. DEFINITIONS. In this chapter:

  2. Tex. Human Resources Code Sec. 23.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. In this chapter, "licensing authority" means:

  3. Tex. Human Resources Code Sec. 23.003. SUSPENSION OF LICENSE. The commission may issue an order suspending a license as provided by this chapter of a person who, after notice:

  4. Tex. Human Resources Code Sec. 23.004. INITIATION OF PROCEEDING.

  5. Tex. Human Resources Code Sec. 23.005. CONTENTS OF PETITION. A petition under this chapter must state that license suspension is authorized under Section 23.003 and allege:

  6. Tex. Human Resources Code Sec. 23.006. NOTICE.

  7. Tex. Human Resources Code Sec. 23.007. HEARING ON PETITION TO SUSPEND LICENSE.

  8. Tex. Human Resources Code Sec. 23.008. ORDER SUSPENDING LICENSE.

  9. Tex. Human Resources Code Sec. 23.009. DEFAULT ORDER. The commission shall consider the allegations of the petition for suspension to be admitted and shall render an order suspending a license if the person fails to:

  10. Tex. Human Resources Code Sec. 23.010. REVIEW OF FINAL ADMINISTRATIVE ORDER. An order issued by the commission under this chapter is a final agency decision and is subject to review as provided by Chapter 2001, Government Code.

  11. Tex. Human Resources Code Sec. 23.011. ACTION BY LICENSING AUTHORITY.

  12. Tex. Human Resources Code Sec. 23.012. MOTION TO REVOKE STAY.

  13. Tex. Human Resources Code Sec. 23.013. VACATING OR STAYING ORDER SUSPENDING LICENSE.

  14. Tex. Human Resources Code Sec. 23.014. FEE BY LICENSING AUTHORITY. A licensing authority may charge a fee to a person who is the subject of an order suspending a license in an amount sufficient to recover the administrative costs incurred by the authority under this chapter.

  15. Tex. Human Resources Code Sec. 23.015. COOPERATION BETWEEN LICENSING AUTHORITIES AND COMMISSION.

  16. Tex. Human Resources Code Sec. 23.016. RULES, FORMS, AND PROCEDURES. The executive commissioner by rule shall prescribe forms and procedures for the implementation of this chapter.

Chapter 31

  1. Tex. Human Resources Code Sec. 31.001. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES. The commission shall provide financial assistance and services to families with dependent children in accordance with the provisions of this chapter. The commission shall give first priority in administering this chapter to assisting an adult recipient of or unemployed applicant for the financial assistance and services in finding and retaining a job.

  2. Tex. Human Resources Code Sec. 31.002. DEFINITION OF DEPENDENT CHILD.

  3. Tex. Human Resources Code Sec. 31.0021. DEFINITION OF NONRECIPIENT PARENT.

  4. Tex. Human Resources Code Sec. 31.003. AMOUNT OF FINANCIAL ASSISTANCE.

  5. Tex. Human Resources Code Sec. 31.0031. RESPONSIBILITY AGREEMENT.

  6. Tex. Human Resources Code Sec. 31.0032. PAYMENT OF ASSISTANCE FOR PERFORMANCE.

  7. Tex. Human Resources Code Sec. 31.0033. GOOD CAUSE HEARING FOR FAILURE TO COOPERATE.

  8. Tex. Human Resources Code Sec. 31.00331. ADDITIONAL PENALTY FOR CONTINUOUS FAILURE TO COOPERATE. A person who fails to cooperate with the responsibility agreement for two consecutive months becomes ineligible for financial assistance for the person or the person's family. The person may reapply for financial assistance but must cooperate with the requirements of the responsibility agreement for a one-month period before receiving an assistance payment for that month.

  9. Tex. Human Resources Code Sec. 31.0035. TRANSITIONAL CHILD-CARE SERVICES.

  10. Tex. Human Resources Code Sec. 31.0036. DEPENDENT CHILD'S INCOME. The commission may not consider any income earned by a dependent child who is attending school and whose income is derived from the child's part-time employment for purposes of determining:

  11. Tex. Human Resources Code Sec. 31.0038. TEMPORARY EXCLUSION OF NEW SPOUSE'S INCOME.

  12. Tex. Human Resources Code Sec. 31.0039. EXCLUSION OF ASSETS IN PREPAID TUITION PROGRAMS AND HIGHER EDUCATION SAVINGS PLANS.

  13. Tex. Human Resources Code Sec. 31.004. FOSTER CARE. The Department of Family and Protective Services may accept and spend funds available from any source to provide foster care in facilities approved by the Department of Family and Protective Services for dependent children who meet the specifications set out in Section 31.002(b).

  14. Tex. Human Resources Code Sec. 31.0041. SUPPLEMENTAL FINANCIAL ASSISTANCE FOR CERTAIN PERSONS.

  15. Tex. Human Resources Code Sec. 31.005. DEPENDENT CHILD RESIDING WITH RELATIVES.

  16. Tex. Human Resources Code Sec. 31.0051. MINOR PARENT RESIDING WITH RELATIVES. If the commission determines based on documentation provided that a minor caretaker who is receiving financial assistance and services under this chapter on behalf of a dependent child benefits from residing with an adult family member who is also receiving assistance under this chapter, the commission shall provide assistance and services to both persons as if they were living separately.

  17. Tex. Human Resources Code Sec. 31.006. WELFARE AND RELATED SERVICES.

  18. Tex. Human Resources Code Sec. 31.0065. TIME-LIMITED BENEFITS.

  19. Tex. Human Resources Code Sec. 31.0066. HARDSHIP EXEMPTIONS FROM FEDERAL TIME LIMITS.

  20. Tex. Human Resources Code Sec. 31.007. FINANCIAL ASSISTANCE TO INDIVIDUALS IN INSTITUTIONS. A person who is in an institution is eligible to receive financial assistance under this chapter if the person would be eligible to receive the financial assistance if the person were not in an institution and if the payments are made in accordance with the commission's rules promulgated in conformity with federal law and rules.

  21. Tex. Human Resources Code Sec. 31.008. COUNSELING AND GUIDANCE SERVICES.

  22. Tex. Human Resources Code Sec. 31.0095. NEEDS ASSESSMENT. The commission shall assist a recipient or a nonrecipient parent in assessing the particular needs of that person and the person's family upon notification of entry into a Temporary Assistance for Needy Families employment program established under Part A, Subchapter IV, Social Security Act (42 U.S.C. Section 601 et seq.). The Texas Workforce Commission and the recipient or the nonrecipient parent shall develop an employability plan to help the recipient or nonrecipient parent achieve independence from public assistance granted to the recipient and the recipient's family, or to the child of the nonrecipient parent, as applicable.

  23. Tex. Human Resources Code Sec. 31.010. SUPPORT SERVICES.

  24. Tex. Human Resources Code Sec. 31.012. MANDATORY WORK OR PARTICIPATION IN EMPLOYMENT ACTIVITIES THROUGH TEMPORARY ASSISTANCE FOR NEEDY FAMILIES EMPLOYMENT PROGRAM.

  25. Tex. Human Resources Code Sec. 31.0121. SKILLS ASSESSMENT AND DEVELOPMENT FOR CERTAIN RECIPIENTS AND CERTAIN NONRECIPIENT PARENTS.

  26. Tex. Human Resources Code Sec. 31.0124. REFERRAL TO EDUCATIONAL PROGRAMS. The Texas Workforce Commission shall determine whether a person who registers to participate in a Temporary Assistance for Needy Families employment program established under Part A, Subchapter IV, Social Security Act (42 U.S.C. Section 601 et seq.) needs and is eligible for adult education and literacy programs provided under Chapter 315, Labor Code. If the person is eligible for the adult education and literacy programs, the Texas Workforce Commission shall determine the person's needs and goals and refer the person to the appropriate adult education and literacy program provided under Chapter 315, Labor Code.

  27. Tex. Human Resources Code Sec. 31.0126. EMPLOYMENT PROGRAMS.

  28. Tex. Human Resources Code Sec. 31.01261. PROVISION OF EMPLOYMENT SERVICES TO CERTAIN NONRECIPIENT PARENTS. The Texas Workforce Commission shall provide employment services, including needs assessment, job training, postemployment, and related support services, to nonrecipient parents to the same extent the services are provided to recipients under this chapter.

  29. Tex. Human Resources Code Sec. 31.0127. COORDINATION OF SERVICES TO CERTAIN CLIENTS.

  30. Tex. Human Resources Code Sec. 31.0128. COORDINATED INTERAGENCY PLAN.

  31. Tex. Human Resources Code Sec. 31.0129. COORDINATED PLAN TO IMPROVE INTERAGENCY TRANSITIONS.

  32. Tex. Human Resources Code Sec. 31.0135. PARENTING SKILLS TRAINING.

  33. Tex. Human Resources Code Sec. 31.015. HEALTHY MARRIAGE DEVELOPMENT PROGRAM.

  34. Tex. Human Resources Code Sec. 31.016. SERVICE REFERRALS FOR CERTAIN RECIPIENTS. To the extent practicable using existing revenue, the executive commissioner, by rule, shall develop and the commission shall implement a plan to:

  35. Tex. Human Resources Code Sec. 31.017. HEALTHY MARRIAGES AND STRONG FAMILIES GRANT PROGRAM.

  36. Tex. Human Resources Code Sec. 31.018. MARRIAGE AND FAMILY PROGRAM FUNDING.

  37. Tex. Human Resources Code Sec. 31.031. APPLICATION FOR ASSISTANCE.

  38. Tex. Human Resources Code Sec. 31.0315. DETERMINATION OF PARENTAGE.

  39. Tex. Human Resources Code Sec. 31.032. INVESTIGATION AND DETERMINATION OF ELIGIBILITY.

  40. Tex. Human Resources Code Sec. 31.0322. VICTIMS OF FAMILY VIOLENCE.

  41. Tex. Human Resources Code Sec. 31.0324. ASSIGNMENT OF PROTECTIVE PAYEE.

  42. Tex. Human Resources Code Sec. 31.0326. VERIFICATION OF IDENTITY AND PREVENTION OF DUPLICATE PARTICIPATION. The commission shall use appropriate technology to:

  43. Tex. Human Resources Code Sec. 31.033. REINVESTIGATION AND REDETERMINATION OF ELIGIBILITY.

  44. Tex. Human Resources Code Sec. 31.034. APPEAL FROM LOCAL ELIGIBILITY OFFICES.

  45. Tex. Human Resources Code Sec. 31.035. METHOD OF PAYMENT.

  46. Tex. Human Resources Code Sec. 31.0355. USE OF FINANCIAL ASSISTANCE.

  47. Tex. Human Resources Code Sec. 31.036. ELIGIBILITY OF PERSON LEAVING THE STATE. A recipient of assistance who moves out of the state is no longer eligible for the assistance. However, a recipient's temporary absence from the state for reasons and for periods of time approved by the commission does not terminate the recipient's eligibility for assistance.

  48. Tex. Human Resources Code Sec. 31.037. PAYMENT OF FINANCIAL ASSISTANCE FUNDS ON DEATH OF RECIPIENT.

  49. Tex. Human Resources Code Sec. 31.038. CANCELLATION OF UNUSED BENEFITS. The commission may cancel financial assistance benefits that have not been spent within a reasonable period of time after issuance. The cancellation must be performed in the manner required by rules of the comptroller.

  50. Tex. Human Resources Code Sec. 31.039. ISSUANCE OF REPLACEMENT FINANCIAL ASSISTANCE WARRANTS AND ELECTRONIC BENEFITS TRANSFER CARDS.

  51. Tex. Human Resources Code Sec. 31.040. NONTRANSFERABILITY OF ASSISTANCE FUNDS. The right to financial assistance granted to recipients under this chapter may not be transferred or assigned at law or in equity, and the funds are not subject to execution, levy, attachment, garnishment, or other legal process or to the operation of an insolvency law.

  52. Tex. Human Resources Code Sec. 31.041. RIGHT TO ASSISTANCE NOT VESTED.

  53. Tex. Human Resources Code Sec. 31.042. PRORATION OF FINANCIAL ASSISTANCE. If at any time state funds are not available to pay in full all financial assistance authorized in this chapter, the executive commissioner may direct the proration of the financial assistance.

  54. Tex. Human Resources Code Sec. 31.043. FILL-THE-GAP BUDGETING.

  55. Tex. Human Resources Code Sec. 31.044. INACTIVE ELECTRONIC BENEFITS TRANSFER ACCOUNT.

  56. Tex. Human Resources Code Sec. 31.045. PEACE OFFICERS. The commission's office of inspector general may employ and commission peace officers for the purpose of assisting the office in the investigation of fraud, waste, or abuse in the financial assistance program. A peace officer employed and commissioned by the office is a peace officer for purposes of Article 2A.001, Code of Criminal Procedure.

  57. Tex. Human Resources Code Sec. 31.051. DEFINITION. In this subchapter, "state budget" shall equal the amount appropriated by the legislature for the biennium from funds subject to the limitations set forth in the Texas Constitution, including any appropriated federal funds in the amounts estimated in the Act making such appropriations.

  58. Tex. Human Resources Code Sec. 31.052. LIMITATION ON AMOUNT OF FINANCIAL ASSISTANCE. For each fiscal biennium, the maximum amount that may be paid out of state funds for assistance grants to or on behalf of needy dependent children and their caretakers may not exceed one percent of the state budget.

  59. Tex. Human Resources Code Sec. 31.053. DETERMINATION BY LEGISLATIVE BUDGET BOARD.

Chapter 32

  1. Tex. Human Resources Code Sec. 32.001. PURPOSE OF CHAPTER. The purpose of this chapter is to enable the state to provide medical assistance on behalf of needy individuals and to enable the state to obtain all benefits for those persons authorized under the Social Security Act or any other federal act.

  2. Tex. Human Resources Code Sec. 32.002. CONSTRUCTION OF CHAPTER.

  3. Tex. Human Resources Code Sec. 32.003. DEFINITIONS. In this chapter:

  4. Tex. Human Resources Code Sec. 32.021. ADMINISTRATION OF THE PROGRAM.

  5. Tex. Human Resources Code Sec. 32.0211. RESTRICTIONS ON EXECUTIVE COMMISSIONERS, FORMER MEMBERS OF A BOARD, COMMISSIONERS, AND THEIR BUSINESS PARTNERS.

  6. Tex. Human Resources Code Sec. 32.0212. DELIVERY OF MEDICAL ASSISTANCE. Notwithstanding any other law and subject to Sections 540.0502, 540.0701, and 540.0753, Government Code, the commission shall provide medical assistance for acute care services through the Medicaid managed care system implemented under Chapters 540 and 540A, Government Code, or another Medicaid capitated managed care program.

  7. Tex. Human Resources Code Sec. 32.0213. NURSING FACILITY BED CERTIFICATION AND DECERTIFICATION.

  8. Tex. Human Resources Code Sec. 32.0214. DESIGNATIONS OF PRIMARY CARE PROVIDER BY CERTAIN RECIPIENTS.

  9. Tex. Human Resources Code Sec. 32.0215. HOME OR COMMUNITY CARE PROVIDERS: CIVIL MONETARY PENALTIES.

  10. Tex. Human Resources Code Sec. 32.022. MEDICAL AND HOSPITAL CARE ADVISORY COMMITTEES.

  11. Tex. Human Resources Code Sec. 32.023. COOPERATION WITH OTHER STATE AGENCIES.

  12. Tex. Human Resources Code Sec. 32.0231. ANNOUNCEMENT OF FUNDING OR PROGRAM CHANGE.

  13. Tex. Human Resources Code Sec. 32.024. AUTHORITY AND SCOPE OF PROGRAM; ELIGIBILITY.

  14. Tex. Human Resources Code Sec. 32.0241. REVIEW OF WAIVER REQUEST. The commission shall, at least biennially, review the feasibility of requesting a waiver for the elderly under Section 1915(c), federal Social Security Act (42 U.S.C. Section 1396n), if the reimbursement rates for nursing facilities under the medical assistance program have increased since the preceding review.

  15. Tex. Human Resources Code Sec. 32.0242. VERIFICATION OF CERTAIN INFORMATION. To the extent possible, the commission shall verify an applicant's residential address at the time the application for medical assistance is filed.

  16. Tex. Human Resources Code Sec. 32.0243. PERIODIC REVIEW OF ELIGIBILITY FOR CERTAIN RECIPIENTS.

  17. Tex. Human Resources Code Sec. 32.0244. NURSING FACILITY BEDS IN CERTAIN COUNTIES.

  18. Tex. Human Resources Code Sec. 32.0245. NURSING FACILITY BEDS FOR CERTAIN FACILITIES TREATING ALZHEIMER'S DISEASE. The commission shall waive for a nursing facility a restriction imposed by state law on the authority to contract under the state Medicaid program for nursing facility beds based on the percentage of beds that are occupied in a geographical area if the facility:

  19. Tex. Human Resources Code Sec. 32.02451. ADDITIONAL PERSONAL NEEDS ALLOWANCE FOR GUARDIANSHIP EXPENSES OF CERTAIN RECIPIENTS.

  20. Tex. Human Resources Code Sec. 32.0246. MEDICAL ASSISTANCE REIMBURSEMENT FOR CERTAIN BEHAVIORAL HEALTH AND PHYSICAL HEALTH SERVICES.

  21. Tex. Human Resources Code Sec. 32.0247. MEDICAL ASSISTANCE FOR CERTAIN PERSONS MAKING TRANSITION FROM FOSTER CARE TO INDEPENDENT LIVING.

  22. Tex. Human Resources Code Sec. 32.02471. MEDICAL ASSISTANCE FOR CERTAIN FORMER FOSTER CARE ADOLESCENTS ENROLLED IN HIGHER EDUCATION.

  23. Tex. Human Resources Code Sec. 32.024715. STREAMLINED ELIGIBILITY DETERMINATION PROCESS FOR CERTAIN FORMER FOSTER CARE YOUTH.

  24. Tex. Human Resources Code Sec. 32.02482. MEDICAL ASSISTANCE REIMBURSEMENT FOR LACTATION CONSULTATION SERVICES.

  25. Tex. Human Resources Code Sec. 32.0249. MENTAL HEALTH SCREENINGS IN TEXAS HEALTH STEPS PROGRAM. The executive commissioner, in the rules governing the Texas Health Steps program, shall allow a provider to:

  26. Tex. Human Resources Code Sec. 32.025. APPLICATION FOR MEDICAL ASSISTANCE.

  27. Tex. Human Resources Code Sec. 32.0251. ELIGIBILITY NOTIFICATION AND REVIEW FOR CERTAIN CHILDREN.

  28. Tex. Human Resources Code Sec. 32.0255. TRANSITIONAL MEDICAL ASSISTANCE.

  29. Tex. Human Resources Code Sec. 32.0256. CONTINUATION OF MEDICAL ASSISTANCE FOR CERTAIN INDIVIDUALS.

  30. Tex. Human Resources Code Sec. 32.026. CERTIFICATION OF ELIGIBILITY AND NEED FOR MEDICAL ASSISTANCE.

  31. Tex. Human Resources Code Sec. 32.0261. CONTINUOUS ELIGIBILITY.

  32. Tex. Human Resources Code Sec. 32.026101. DETERMINATION OF ELIGIBILITY BY HEALTH CARE EXCHANGES PROHIBITED.

  33. Tex. Human Resources Code Sec. 32.02611. EXCLUSION OF ASSETS IN PREPAID TUITION PROGRAMS AND HIGHER EDUCATION SAVINGS PLANS.

  34. Tex. Human Resources Code Sec. 32.02613. LIFE INSURANCE ASSETS; LIFE INSURANCE POLICY CONVERSION.

  35. Tex. Human Resources Code Sec. 32.0262. ELIGIBILITY TRANSITION.

  36. Tex. Human Resources Code Sec. 32.0263. HEALTH CARE ORIENTATION.

  37. Tex. Human Resources Code Sec. 32.0264. SUSPENSION AND REINSTATEMENT OF ELIGIBILITY FOR CHILDREN IN JUVENILE FACILITIES.

  38. Tex. Human Resources Code Sec. 32.0265. NOTICE OF CERTAIN PLACEMENTS IN JUVENILE FACILITIES.

  39. Tex. Human Resources Code Sec. 32.0266. SUSPENSION, TERMINATION, AND AUTOMATIC REINSTATEMENT OF ELIGIBILITY FOR INDIVIDUALS CONFINED IN COUNTY JAILS.

  40. Tex. Human Resources Code Sec. 32.027. SELECTION OF PROVIDER OF MEDICAL ASSISTANCE.

  41. Tex. Human Resources Code Sec. 32.0275. MILITARY MEDICAL TREATMENT FACILITIES AND AFFILIATED HEALTH CARE PROVIDERS; REIMBURSEMENT.

  42. Tex. Human Resources Code Sec. 32.028. FEES, CHARGES, AND RATES.

  43. Tex. Human Resources Code Sec. 32.0281. RULES AND NOTICE RELATING TO PAYMENT RATES.

  44. Tex. Human Resources Code Sec. 32.0282. PUBLIC HEARING ON RATES.

  45. Tex. Human Resources Code Sec. 32.0284. CALCULATION OF PAYMENTS UNDER CERTAIN SUPPLEMENTAL HOSPITAL PAYMENT PROGRAMS.

  46. Tex. Human Resources Code Sec. 32.0285. CALCULATION OF MEDICAL EDUCATION ADD-ON FOR REIMBURSEMENT OF TEACHING HOSPITALS THAT PROVIDE BEHAVIORAL HEALTH AND PHYSICAL HEALTH SERVICES. The commission shall, on request from a teaching hospital that provides behavioral health and physical health services, update on a biannual basis the education adjustment factor used to calculate the medical education add-on using the most current Medicare education adjustment factor data available under 42 C.F.R. Section 412.105 at the time the commission makes the update.

  47. Tex. Human Resources Code Sec. 32.0286. ANNUAL PATIENT CARE EXPENSE RATIO FOR REIMBURSEMENT OF CERTAIN NURSING FACILITY PROVIDERS.

  48. Tex. Human Resources Code Sec. 32.0287. PRESCRIBED PEDIATRIC EXTENDED CARE CENTER REIMBURSEMENT.

  49. Tex. Human Resources Code Sec. 32.029. METHODS OF PAYMENT.

  50. Tex. Human Resources Code Sec. 32.0291. PREPAYMENT REVIEWS AND PAYMENT HOLDS.

  51. Tex. Human Resources Code Sec. 32.031. RECEIPT AND EXPENDITURE OF FUNDS.

  52. Tex. Human Resources Code Sec. 32.0311. DRUG REIMBURSEMENT UNDER CERTAIN PROGRAMS. The commission shall require a recipient of medical assistance to exhaust drug benefits available under the medical assistance program before reimbursing the recipient, pharmacist, or other health care provider for drugs purchased by or on behalf of the recipient under the Kidney Health Care Program or the Children with Special Health Care Needs Services Program.

  53. Tex. Human Resources Code Sec. 32.03115. REIMBURSEMENT FOR MEDICATION-ASSISTED TREATMENT FOR OPIOID OR SUBSTANCE USE DISORDER.

  54. Tex. Human Resources Code Sec. 32.03117. REIMBURSEMENT FOR NON-OPIOID TREATMENTS.

  55. Tex. Human Resources Code Sec. 32.0312. REIMBURSEMENT FOR SERVICES ASSOCIATED WITH PREVENTABLE ADVERSE EVENTS. The executive commissioner shall adopt rules regarding the denial or reduction of reimbursement under the medical assistance program for preventable adverse events that occur in a hospital setting. In adopting the rules, the executive commissioner:

  56. Tex. Human Resources Code Sec. 32.03126. REIMBURSEMENT FOR CHILDHOOD CRANIAL REMOLDING ORTHOSIS.

  57. Tex. Human Resources Code Sec. 32.0313. INDUCED DELIVERIES OR CESAREAN SECTIONS BEFORE 39TH WEEK.

  58. Tex. Human Resources Code Sec. 32.0314. REIMBURSEMENT FOR DURABLE MEDICAL EQUIPMENT AND SUPPLIES. The executive commissioner shall adopt rules requiring the electronic submission of any claim for reimbursement for durable medical equipment and supplies under the medical assistance program.

  59. Tex. Human Resources Code Sec. 32.03141. AUTHORITY OF ADVANCED PRACTICE REGISTERED NURSES AND PHYSICIAN ASSISTANTS REGARDING DURABLE MEDICAL EQUIPMENT AND SUPPLIES. To the extent allowed by federal law, an advanced practice registered nurse or physician assistant acting under adequate physician supervision and to whom a physician has delegated the authority to prescribe and order drugs and devices under Chapter 157, Occupations Code, may order and prescribe durable medical equipment and supplies under the medical assistance program.

  60. Tex. Human Resources Code Sec. 32.0315. FUNDS FOR GRADUATE MEDICAL EDUCATION.

  61. Tex. Human Resources Code Sec. 32.0316. ELECTRONIC TRANSACTIONS; MEDICAID. The executive commissioner shall adopt and the commission shall implement policies that encourage the use of electronic transactions in Medicaid. The policies shall require payment to Medicaid providers by electronic funds transfer, including electronic remittance and status reports. The policies shall also include the establishment of incentives to submit claims electronically and of disincentives to submit claims on paper that are reasonably based on the higher administrative costs to process claims submitted on paper.

  62. Tex. Human Resources Code Sec. 32.0317. REIMBURSEMENT FOR SERVICES PROVIDED UNDER SCHOOL HEALTH AND RELATED SERVICES PROGRAM. The executive commissioner shall adopt rules requiring parental consent for services provided under the school health and related services program in order for a school district to receive reimbursement for the services. The rules must allow a school district to seek a waiver to receive reimbursement for services provided to a student who does not have a parent or legal guardian who can provide consent.

  63. Tex. Human Resources Code Sec. 32.032. PREVENTION AND DETECTION OF FRAUD AND ABUSE. The executive commissioner shall adopt reasonable rules for minimizing the opportunity for fraud and abuse, for establishing and maintaining methods for detecting and identifying situations in which a question of fraud or abuse in the program may exist, and for referring cases where fraud or abuse appears to exist to the appropriate law enforcement agencies for prosecution.

  64. Tex. Human Resources Code Sec. 32.0321. SURETY BOND.

  65. Tex. Human Resources Code Sec. 32.0322. CRIMINAL HISTORY RECORD INFORMATION; ENROLLMENT OF PROVIDERS.

  66. Tex. Human Resources Code Sec. 32.033. SUBROGATION.

  67. Tex. Human Resources Code Sec. 32.034. CONTRACT CANCELLATION; NOTICE AND HEARING.

  68. Tex. Human Resources Code Sec. 32.035. APPEALS. The provisions of Section 31.034 governing the right of appeal of an applicant for or recipient of financial assistance authorized under Chapter 31 also apply to applicants for medical assistance authorized in this chapter.

  69. Tex. Human Resources Code Sec. 32.036. PROGRAM PAYMENTS NONASSIGNABLE AND EXEMPT FROM LEGAL PROCESS.

  70. Tex. Human Resources Code Sec. 32.038. COLLECTION OF INSURANCE PAYMENTS.

  71. Tex. Human Resources Code Sec. 32.0381. ICF-IID PAYMENT RATES.

  72. Tex. Human Resources Code Sec. 32.039. ADMINISTRATIVE REMEDIES.

  73. Tex. Human Resources Code Sec. 32.0391. CRIMINAL OFFENSE.

  74. Tex. Human Resources Code Sec. 32.040. IDENTIFICATION OF HUSBAND OR ALLEGED FATHER.

  75. Tex. Human Resources Code Sec. 32.0421. ADMINISTRATIVE PENALTY FOR FAILURE TO PROVIDE INFORMATION.

  76. Tex. Human Resources Code Sec. 32.0422. HEALTH INSURANCE PREMIUM PAYMENT REIMBURSEMENT PROGRAM FOR MEDICAL ASSISTANCE RECIPIENTS.

  77. Tex. Human Resources Code Sec. 32.0423. RECOVERY OF REIMBURSEMENTS FROM HEALTH COVERAGE PROVIDERS. To the extent allowed by federal law, a health care service provider must seek reimbursement from available third-party health coverage or insurance that the provider knows about or should know about before billing the medical assistance program.

  78. Tex. Human Resources Code Sec. 32.0424. REQUIREMENTS OF THIRD-PARTY HEALTH INSURERS.

  79. Tex. Human Resources Code Sec. 32.04242. PAYOR OF LAST RESORT. The executive commissioner shall adopt rules to ensure, to the extent allowed by federal law, that the Medicaid program:

  80. Tex. Human Resources Code Sec. 32.0425. REIMBURSEMENT FOR WHEELED MOBILITY SYSTEMS.

  81. Tex. Human Resources Code Sec. 32.043. PROCUREMENT RULES FOR PUBLIC DISPROPORTIONATE SHARE HOSPITALS.

  82. Tex. Human Resources Code Sec. 32.044. GROUP PURCHASING FOR DISPROPORTIONATE SHARE HOSPITALS.

  83. Tex. Human Resources Code Sec. 32.045. ENHANCED REIMBURSEMENT. The commission shall develop a procedure for:

  84. Tex. Human Resources Code Sec. 32.046. SANCTIONS AND PENALTIES RELATED TO THE PROVISION OF PHARMACY PRODUCTS.

  85. Tex. Human Resources Code Sec. 32.0461. VENDOR DRUG PROGRAM; COMPETITIVE BIDDING.

  86. Tex. Human Resources Code Sec. 32.0462. VENDOR DRUG PROGRAM; PRICING STANDARD.

  87. Tex. Human Resources Code Sec. 32.0463. MEDICATIONS AND MEDICAL SUPPLIES. The executive commissioner may adopt rules establishing procedures for the purchase and distribution of medically necessary, over-the-counter medications and medical supplies under the medical assistance program that were previously being provided by prescription if the executive commissioner determines it is more cost-effective than obtaining those medications and medical supplies through a prescription.

  88. Tex. Human Resources Code Sec. 32.047. PROHIBITION OF CERTAIN HEALTH CARE SERVICE PROVIDERS.

  89. Tex. Human Resources Code Sec. 32.048. MANAGED CARE INFORMATION AND TRAINING PLAN.

  90. Tex. Human Resources Code Sec. 32.049. MANAGED CARE CONTRACT COMPLIANCE.

  91. Tex. Human Resources Code Sec. 32.050. DUAL MEDICAID AND MEDICARE COVERAGE.

  92. Tex. Human Resources Code Sec. 32.051. MISDIRECTED BILLING. To the extent authorized by federal law, the commission shall develop a procedure for the state to:

  93. Tex. Human Resources Code Sec. 32.052. WAIVER PROGRAMS FOR CHILDREN WITH DISABILITIES OR SPECIAL HEALTH CARE NEEDS.

  94. Tex. Human Resources Code Sec. 32.053. PROGRAM OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE).

  95. Tex. Human Resources Code Sec. 32.0531. PACE PROGRAM TEAM.

  96. Tex. Human Resources Code Sec. 32.0532. PACE PROGRAM REIMBURSEMENT METHODOLOGY.

  97. Tex. Human Resources Code Sec. 32.0533. DATA COLLECTION: PACE AND STAR + PLUS MEDICAID MANAGED CARE PROGRAMS. The commission, in collaboration with the Department of Aging and Disability Services and appropriate stakeholder groups, shall modify the methods by which the commission and the department collect data for evaluation of the PACE and STAR + PLUS Medicaid managed care programs to allow comparison of recipient outcomes between the programs. The modification to data collection methods must include changes to:

  98. Tex. Human Resources Code Sec. 32.054. DENTAL SERVICES.

  99. Tex. Human Resources Code Sec. 32.055. CATASTROPHIC CASE MANAGEMENT.

  100. Tex. Human Resources Code Sec. 32.0551. OPTIMIZATION OF CASE MANAGEMENT SYSTEMS. The commission shall:

  101. Tex. Human Resources Code Sec. 32.056. COMPLIANCE WITH TEXAS HEALTH STEPS COMPREHENSIVE CARE PROGRAM. The executive commissioner by rule shall develop procedures to ensure that recipients of medical assistance who are eligible for Texas Health Steps Comprehensive Care Program comply with the regimen of care prescribed by the program.

  102. Tex. Human Resources Code Sec. 32.0561. MATERNAL DEPRESSION SCREENING.

  103. Tex. Human Resources Code Sec. 32.057. CONTRACTS FOR DISEASE MANAGEMENT PROGRAMS.

  104. Tex. Human Resources Code Sec. 32.058. LIMITATION ON MEDICAL ASSISTANCE IN CERTAIN ALTERNATIVE COMMUNITY-BASED CARE SETTINGS.

  105. Tex. Human Resources Code Sec. 32.059. USE OF RESPIRATORY THERAPISTS FOR RESPIRATORY THERAPY SERVICES. The executive commissioner by rule shall require that respiratory therapy services for ventilator-dependent persons furnished as part of a plan of care under this chapter be provided by a respiratory care practitioner authorized to practice respiratory care under Chapter 604, Occupations Code, when:

  106. Tex. Human Resources Code Sec. 32.061. COMMUNITY ATTENDANT SERVICES PROGRAM.

  107. Tex. Human Resources Code Sec. 32.062. ADMISSIBILITY OF CERTAIN EVIDENCE RELATING TO NURSING INSTITUTIONS.

  108. Tex. Human Resources Code Sec. 32.063. THIRD-PARTY BILLING VENDORS.

  109. Tex. Human Resources Code Sec. 32.0631. ANNUAL NOTICE TO CERTAIN PROVIDERS REGARDING USE OF MEDICAID IDENTIFICATION NUMBERS WITH RESPECT TO NEWBORN CHILDREN. The commission shall annually provide written notice to each managed care organization and health care provider, including hospitals and other health care facilities participating in Medicaid that regularly provide health care services to medical assistance recipients who are pregnant women or newborn children:

  110. Tex. Human Resources Code Sec. 32.064. COST SHARING.

  111. Tex. Human Resources Code Sec. 32.0641. RECIPIENT ACCOUNTABILITY PROVISIONS; COST-SHARING REQUIREMENT TO IMPROVE APPROPRIATE UTILIZATION OF SERVICES.

  112. Tex. Human Resources Code Sec. 32.067. DELIVERY OF COMPREHENSIVE CARE SERVICES TO CERTAIN RECIPIENTS OF MEDICAL ASSISTANCE.

  113. Tex. Human Resources Code Sec. 32.068. IN-PERSON EVALUATION REQUIRED FOR CERTAIN SERVICES.

  114. Tex. Human Resources Code Sec. 32.069. CHRONIC KIDNEY DISEASE MANAGEMENT INITIATIVE. A provider of disease management programs under Section 32.057 shall develop a program to provide screening for and diagnosis and treatment of chronic kidney disease and its medical complications under the medical assistance program. The program must use generally recognized clinical practice guidelines and laboratory assessments that identify chronic kidney disease on the basis of impaired kidney function or the presence of kidney damage.

  115. Tex. Human Resources Code Sec. 32.070. AUDITS OF PROVIDERS.

  116. Tex. Human Resources Code Sec. 32.0705. EXTERNAL AUDITS OF CERTAIN MEDICAID CONTRACTORS BASED ON RISK.

  117. Tex. Human Resources Code Sec. 32.071. RECIPIENT AND PROVIDER EDUCATION.

  118. Tex. Human Resources Code Sec. 32.072. DIRECT ACCESS TO EYE HEALTH CARE SERVICES.

  119. Tex. Human Resources Code Sec. 32.073. HEALTH INFORMATION TECHNOLOGY STANDARDS.

  120. Tex. Human Resources Code Sec. 32.074. ACCESS TO PERSONAL EMERGENCY RESPONSE SYSTEM.

  121. Tex. Human Resources Code Sec. 32.075. EMPLOYMENT ASSISTANCE AND SUPPORTED EMPLOYMENT.

  122. Tex. Human Resources Code Sec. 32.0755. PREVOCATIONAL SERVICES UNDER CERTAIN WAIVER PROGRAMS.

  123. Tex. Human Resources Code Sec. 32.076. SUBSTITUTE DENTISTS. To the extent allowed by federal law, the executive commissioner of the Health and Human Services Commission shall adopt rules ensuring that the same standards applying to a physician who bills the medical assistance program for services provided by a substitute physician apply also to a dentist who bills the medical assistance program for services provided by a substitute dentist.

  124. Tex. Human Resources Code Sec. 32.101. DEFINITIONS. In this subchapter:

  125. Tex. Human Resources Code Sec. 32.102. DATABASE OF MEDICAL ASSISTANCE PROGRAM PROVIDERS.

  126. Tex. Human Resources Code Sec. 32.103. CERTAIN FEES PROHIBITED. A person, including the executive commissioner, a person acting under a contract under Section 32.104, or a managed care organization, may not charge a participating provider or a recipient a fee, directly or indirectly, for making information available or for accessing information in the database established under this subchapter.

  127. Tex. Human Resources Code Sec. 32.104. AUTHORITY TO CONTRACT.

  128. Tex. Human Resources Code Sec. 32.105. RULES. The executive commissioner shall adopt rules to implement and administer this subchapter.

  129. Tex. Human Resources Code Sec. 32.201. DEFINITIONS. In this subchapter:

  130. Tex. Human Resources Code Sec. 32.202. ELECTRONIC COMMUNICATIONS.

  131. Tex. Human Resources Code Sec. 32.251. DEFINITIONS. In this subchapter:

  132. Tex. Human Resources Code Sec. 32.252. PARTNERSHIP FOR LONG-TERM CARE PROGRAM. The partnership for long-term care program is administered as part of the medical assistance program by the commission with the assistance of the Texas Department of Insurance. The program must be consistent with provisions governing the expansion of a state long-term care partnership program established under the federal Deficit Reduction Act of 2005 (Pub. L. No. 109-171).

  133. Tex. Human Resources Code Sec. 32.253. ASSET DISREGARD.

  134. Tex. Human Resources Code Sec. 32.254. RECIPROCAL AGREEMENTS. The commission may enter into reciprocal agreements with other states to extend asset protection to a resident of this state who purchased a long-term care benefit plan in another state that has a substantially similar asset disregard program.

  135. Tex. Human Resources Code Sec. 32.255. TRAINING; INFORMATION AND TECHNICAL ASSISTANCE. The commission shall provide information and technical assistance to the Texas Department of Insurance regarding that department's role in ensuring that each individual who sells a long-term care benefit plan under the partnership for long-term care program receives training and demonstrates evidence of an understanding of these plans as required by Section 1651.105, Insurance Code. The training must satisfy the training requirements imposed under the provisions governing the expansion of a state long-term care partnership program established under the federal Deficit Reduction Act of 2005 (Pub. L. No. 109-171).

  136. Tex. Human Resources Code Sec. 32.256. RULES.

Chapter 33

  1. Tex. Human Resources Code Sec. 33.0005. DEFINITIONS. In this chapter:

  2. Tex. Human Resources Code Sec. 33.0006. OPERATION OF SNAP. The commission operates the supplemental nutrition assistance program.

  3. Tex. Human Resources Code Sec. 33.001. DISTRIBUTION OF SURPLUS COMMODITIES.

  4. Tex. Human Resources Code Sec. 33.002. DISTRIBUTION OF COMMODITIES AND SNAP BENEFITS.

  5. Tex. Human Resources Code Sec. 33.0021. APPLICATION INFORMATION.

  6. Tex. Human Resources Code Sec. 33.0023. SNAP INFORMATION MATCHING SYSTEM.

  7. Tex. Human Resources Code Sec. 33.0024. DISASTER SNAP.

  8. Tex. Human Resources Code Sec. 33.003. DISTRIBUTION DISTRICTS; AGENTS.

  9. Tex. Human Resources Code Sec. 33.004. COMMODITY DISTRIBUTION PROGRAM ADVISORY BOARDS.

  10. Tex. Human Resources Code Sec. 33.005. PROCESSING PERISHABLE COMMODITIES.

  11. Tex. Human Resources Code Sec. 33.006. HANDLING CHARGES.

  12. Tex. Human Resources Code Sec. 33.008. SALE OF USED COMMODITY CONTAINERS. The department may sell used commodity containers. Proceeds from the sales in each distribution district shall be deposited in the general revenue fund.

  13. Tex. Human Resources Code Sec. 33.011. PROHIBITED ACTIVITIES; PENALTIES.

  14. Tex. Human Resources Code Sec. 33.012. CHEMICAL DEPENDENCY TREATMENT PROGRAM AS REPRESENTATIVE. The commission shall provide an individual's supplemental nutrition assistance program allotment to the residential chemical dependency treatment program in which the person resides to the extent allowed under Section 8(f), Food Stamp Act of 1977 (7 U.S.C. Section 2017(e)), if the individual designates the program as the individual's authorized representative.

  15. Tex. Human Resources Code Sec. 33.013. INFORMATION AND REFERRAL SERVICES.

  16. Tex. Human Resources Code Sec. 33.015. INITIAL ESTABLISHMENT AND RECERTIFICATION OF ELIGIBILITY FOR CERTAIN PERSONS.

  17. Tex. Human Resources Code Sec. 33.018. SNAP ELIGIBILITY FOLLOWING CERTAIN CRIMINAL CONVICTIONS.

  18. Tex. Human Resources Code Sec. 33.0181. MEMORANDUM OF UNDERSTANDING REGARDING ELIGIBILITY DETERMINATIONS FOR CERTAIN INMATES.

  19. Tex. Human Resources Code Sec. 33.019. SIMPLIFIED CERTIFICATION AND RECERTIFICATION REQUIREMENTS FOR CERTAIN SNAP APPLICANTS AND RECIPIENTS.

  20. Tex. Human Resources Code Sec. 33.021. EXCLUSION OF CERTAIN RESOURCES IN DETERMINING SNAP ELIGIBILITY. In determining the eligibility of an applicant for or recertifying the eligibility of a recipient of supplemental nutrition assistance program benefits, the commission may not consider as resources the value of a motor vehicle in which the applicant or recipient or a member of the applicant's or recipient's household has an ownership interest up to:

  21. Tex. Human Resources Code Sec. 33.022. APPLICATION ASSISTANCE.

  22. Tex. Human Resources Code Sec. 33.023. INFORMATION VERIFICATION.

  23. Tex. Human Resources Code Sec. 33.0231. VERIFICATION OF IDENTITY AND PREVENTION OF DUPLICATE PARTICIPATION IN SNAP. The commission shall use appropriate technology to:

  24. Tex. Human Resources Code Sec. 33.025. NUTRITION EDUCATION AND OUTREACH FOR THOSE ELIGIBLE FOR SNAP BENEFITS.

  25. Tex. Human Resources Code Sec. 33.026. CHILD AND ADULT CARE FOOD PROGRAM: REQUIRED NOTICES AND ADVISORY COMMITTEE AUTHORITY.

  26. Tex. Human Resources Code Sec. 33.027. CHILD AND ADULT CARE FOOD PROGRAM: ELECTRONIC FILING.

  27. Tex. Human Resources Code Sec. 33.0271. CHILD AND ADULT CARE FOOD PROGRAM: PROGRAM PARTICIPANT REQUIREMENTS.

  28. Tex. Human Resources Code Sec. 33.028. GRANT PROGRAMS FOR NUTRITION EDUCATION.

  29. Tex. Human Resources Code Sec. 33.029. CERTAIN ELIGIBILITY RESTRICTIONS. Notwithstanding any other provision of this chapter, an applicant for or recipient of benefits under the supplemental nutrition assistance program is not entitled to and may not receive or continue to receive any benefit under the program if the applicant or recipient is not legally present in the United States.

  30. Tex. Human Resources Code Sec. 33.0291. EXCLUSION OF SCHOOL-BASED ACCOUNTS AND CERTAIN BONDS.

  31. Tex. Human Resources Code Sec. 33.031. PURCHASE OF SWEETENED DRINKS AND CANDY PROHIBITED UNDER SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.

  32. Tex. Human Resources Code Sec. 33.032. PEACE OFFICERS. The commission's office of inspector general may employ and commission peace officers for the purpose of assisting the office in the investigation of fraud, waste, or abuse in the supplemental nutrition assistance program. A peace officer employed and commissioned by the office is a peace officer for purposes of Article 2A.001, Code of Criminal Procedure.

  33. Tex. Human Resources Code Sec. 33.035. PILOT PROGRAM TO INCENTIVIZE PURCHASE OF TEXAS-GROWN FRUITS OR VEGETABLES UNDER SNAP.

  34. Tex. Human Resources Code Sec. 33.052. APPLICATION ASSISTANCE.

  35. Tex. Human Resources Code Sec. 33.053. USE OF TECHNOLOGY TO PROMOTE EFFICIENCY AND FRAUD DETECTION.

  36. Tex. Human Resources Code Sec. 33.054. WORKFORCE MANAGEMENT. The commission shall improve its management of supplemental nutrition assistance eligibility determination staff by:

  37. Tex. Human Resources Code Sec. 33.055. PROGRAM MANAGEMENT INFORMATION.

Chapter 34

  1. Tex. Human Resources Code Sec. 34.001. DEFINITIONS. In this chapter:

  2. Tex. Human Resources Code Sec. 34.002. DEVELOPMENT AND IMPLEMENTATION OF STATE PROGRAM; FUNDING.

  3. Tex. Human Resources Code Sec. 34.003. RULES.

  4. Tex. Human Resources Code Sec. 34.004. PROCEDURES APPLICABLE TO PERSONS RESIDING IN MINIMUM SERVICE COUNTIES. The Health and Human Services Commission and the Texas Workforce Commission shall develop and implement procedures to:

  5. Tex. Human Resources Code Sec. 34.005. ELIGIBILITY FOR MEDICAL ASSISTANCE. A recipient of temporary assistance and related support services under the state program is eligible for medical assistance under Chapter 32 in the same manner as a person receiving financial assistance under Chapter 31.

  6. Tex. Human Resources Code Sec. 34.006. STUDY. The Texas Workforce Commission, in collaboration with local workforce development boards and the appropriate standing committees of the senate and house of representatives, shall:

Chapter 35

  1. Tex. Human Resources Code Sec. 35.001. DEFINITIONS. In this chapter:

  2. Tex. Human Resources Code Sec. 35.002. ADOPTION OF RULES AND IMPLEMENTATION OF PROGRAM. The executive commissioner shall adopt rules to implement and administer this chapter, including:

  3. Tex. Human Resources Code Sec. 35.003. ELIGIBILITY.

  4. Tex. Human Resources Code Sec. 35.004. PROVISION OF ASSISTANCE AND SUPPORT SERVICES.

  5. Tex. Human Resources Code Sec. 35.005. PAYMENT OF ASSISTANCE.

  6. Tex. Human Resources Code Sec. 35.006. SELECTION OF PROGRAMS OR PROVIDERS.

  7. Tex. Human Resources Code Sec. 35.007. COPAYMENT SYSTEM. In accordance with department rules, the department shall establish a copayment system with each client using a scale for payments determined according to the client's need for financial assistance to acquire the necessary support services and the client's ability to pay for those services.

  8. Tex. Human Resources Code Sec. 35.008. PAYMENT RATE.

  9. Tex. Human Resources Code Sec. 35.009. CLIENT RESPONSIBILITY FOR PAYMENT. Each client shall pay:

  10. Tex. Human Resources Code Sec. 35.010. REVIEW OF CLIENT'S NEEDS.

  11. Tex. Human Resources Code Sec. 35.011. NOTIFICATION OF CHANGE IN CIRCUMSTANCES. The department shall require each client to notify the department of a change in circumstances that were considered in determining eligibility or the amount of the required copayment.

  12. Tex. Human Resources Code Sec. 35.012. CRIMINAL PENALTY.

Chapter 36

  1. Tex. Human Resources Code Sec. 36.001. DEFINITIONS. In this chapter:

  2. Tex. Human Resources Code Sec. 36.0011. CULPABLE MENTAL STATE.

  3. Tex. Human Resources Code Sec. 36.002. UNLAWFUL ACTS. A person commits an unlawful act if the person:

  4. Tex. Human Resources Code Sec. 36.003. DOCUMENTARY MATERIAL IN POSSESSION OF STATE AGENCY.

  5. Tex. Human Resources Code Sec. 36.004. IMMUNITY. Notwithstanding any other law, a person is not civilly or criminally liable for providing access to documentary material under this chapter to:

  6. Tex. Human Resources Code Sec. 36.005. SUSPENSION OR REVOCATION OF AGREEMENT; PROFESSIONAL DISCIPLINE.

  7. Tex. Human Resources Code Sec. 36.006. APPLICATION OF OTHER LAW. The application of a civil remedy under this chapter does not preclude the application of another common law, statutory, or regulatory remedy, except that a person may not be liable for a civil remedy under this chapter and an administrative remedy under Section 32.039 if the civil remedy and administrative remedy are assessed for the same act.

  8. Tex. Human Resources Code Sec. 36.007. RECOVERY OF COSTS, FEES, AND EXPENSES. The attorney general may recover fees, expenses, and costs reasonably incurred in obtaining injunctive relief or civil remedies or in conducting investigations under this chapter, including court costs, reasonable attorney's fees, witness fees, and deposition fees.

  9. Tex. Human Resources Code Sec. 36.008. USE OF MONEY RECOVERED. The legislature, in appropriating money recovered under this chapter, shall consider the requirements of the attorney general and other affected state agencies in investigating health care program fraud and enforcing this chapter.

  10. Tex. Human Resources Code Sec. 36.051. INJUNCTIVE RELIEF.

  11. Tex. Human Resources Code Sec. 36.052. CIVIL REMEDIES.

  12. Tex. Human Resources Code Sec. 36.053. INVESTIGATION.

  13. Tex. Human Resources Code Sec. 36.054. CIVIL INVESTIGATIVE DEMAND.

  14. Tex. Human Resources Code Sec. 36.055. ATTORNEY GENERAL AS RELATOR IN FEDERAL ACTION. To the extent permitted by 31 U.S.C. Sections 3729-3733, the attorney general may bring an action as relator under 31 U.S.C. Section 3730 with respect to an act in connection with a health care program for which a person may be held liable under 31 U.S.C. Section 3729. The attorney general may contract with a private attorney to represent the state under this section.

  15. Tex. Human Resources Code Sec. 36.101. ACTION BY PRIVATE PERSON AUTHORIZED.

  16. Tex. Human Resources Code Sec. 36.102. INITIATION OF ACTION; CONSENT REQUIRED FOR DISMISSAL.

  17. Tex. Human Resources Code Sec. 36.1021. STANDARD OF PROOF. In an action under this subchapter, the state or person bringing the action must establish each element of the action, including damages, by a preponderance of the evidence.

  18. Tex. Human Resources Code Sec. 36.103. ANSWER BY DEFENDANT. A defendant is not required to file in accordance with the Texas Rules of Civil Procedure an answer to a petition filed under this subchapter until the petition is unsealed and served on the defendant.

  19. Tex. Human Resources Code Sec. 36.104. STATE DECISION; CONTINUATION OF ACTION.

  20. Tex. Human Resources Code Sec. 36.105. REPRESENTATION OF STATE BY PRIVATE ATTORNEY. The attorney general may contract with a private attorney to represent the state in an action under this subchapter with which the state elects to proceed.

  21. Tex. Human Resources Code Sec. 36.106. INTERVENTION BY OTHER PARTIES PROHIBITED. A person other than the state may not intervene or bring a related action based on the facts underlying a pending action brought under this subchapter.

  22. Tex. Human Resources Code Sec. 36.107. RIGHTS OF PARTIES IF STATE CONTINUES ACTION.

  23. Tex. Human Resources Code Sec. 36.108. STAY OF CERTAIN DISCOVERY.

  24. Tex. Human Resources Code Sec. 36.109. PURSUIT OF ALTERNATE REMEDY BY STATE.

  25. Tex. Human Resources Code Sec. 36.110. AWARD TO PRIVATE PLAINTIFF.

  26. Tex. Human Resources Code Sec. 36.111. REDUCTION OF AWARD.

  27. Tex. Human Resources Code Sec. 36.112. AWARD TO DEFENDANT FOR FRIVOLOUS ACTION. Chapter 105, Civil Practice and Remedies Code, applies in an action under this subchapter with which the state proceeds.

  28. Tex. Human Resources Code Sec. 36.113. CERTAIN ACTIONS BARRED.

  29. Tex. Human Resources Code Sec. 36.114. STATE NOT LIABLE FOR CERTAIN EXPENSES. The state is not liable for expenses that a person incurs in bringing an action under this subchapter.

  30. Tex. Human Resources Code Sec. 36.115. RETALIATION AGAINST PERSON PROHIBITED.

  31. Tex. Human Resources Code Sec. 36.116. SOVEREIGN IMMUNITY NOT WAIVED. Except as provided by Section 36.112, this subchapter does not waive sovereign immunity.

  32. Tex. Human Resources Code Sec. 36.117. ATTORNEY GENERAL COMPENSATION. The office of the attorney general may retain a reasonable portion of recoveries under this subchapter, not to exceed amounts specified in the General Appropriations Act, for the administration of this subchapter.

  33. Tex. Human Resources Code Sec. 36.132. REVOCATION OF LICENSES.

Chapter 40

  1. Tex. Human Resources Code Sec. 40.001. DEFINITIONS. In this subtitle:

  2. Tex. Human Resources Code Sec. 40.002. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; GENERAL DUTIES OF DEPARTMENT.

  3. Tex. Human Resources Code Sec. 40.0025. AGENCY FUNCTIONS.

  4. Tex. Human Resources Code Sec. 40.0026. REFERENCES IN LAW MEANING DEPARTMENT. In this code or any other law, a reference to the department or the commission in relation to a function described by Section 40.0025(b) means the department.

  5. Tex. Human Resources Code Sec. 40.0027. REFERENCES IN LAW MEANING COMMISSIONER OR DESIGNEE. In this code or in any other law, a reference to the commissioner or the executive commissioner in relation to a function described by Section 40.0025(b) means the commissioner.

  6. Tex. Human Resources Code Sec. 40.003. SUNSET PROVISION. The Department of Family and Protective Services is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the department is abolished and this chapter expires September 1, 2027.

  7. Tex. Human Resources Code Sec. 40.004. PUBLIC INTEREST INFORMATION AND PUBLIC ACCESS.

  8. Tex. Human Resources Code Sec. 40.0041. COMPLAINT PROCESS.

  9. Tex. Human Resources Code Sec. 40.005. CONFIDENTIALITY OF INFORMATION.

  10. Tex. Human Resources Code Sec. 40.006. APPLICATION OF OTHER LAWS.

  11. Tex. Human Resources Code Sec. 40.007. REPORTING REQUIREMENT; PROFESSIONAL FEES.

  12. Tex. Human Resources Code Sec. 40.008. PROGRAM ACCESSIBILITY. The department shall comply with federal and state laws related to program and facility accessibility. The department shall also prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the department's programs and services.

  13. Tex. Human Resources Code Sec. 40.021. FAMILY AND PROTECTIVE SERVICES COUNCIL.

  14. Tex. Human Resources Code Sec. 40.022. APPOINTMENTS.

  15. Tex. Human Resources Code Sec. 40.023. TRAINING PROGRAM FOR COUNCIL MEMBERS.

  16. Tex. Human Resources Code Sec. 40.024. TERMS; VACANCY.

  17. Tex. Human Resources Code Sec. 40.025. REIMBURSEMENT FOR EXPENSES. A council member may not receive compensation for service as a member of the council but is entitled to reimbursement for travel expenses incurred by the member while conducting the business of the council as provided by the General Appropriations Act.

  18. Tex. Human Resources Code Sec. 40.026. PRESIDING OFFICER; OTHER OFFICERS; MEETINGS.

  19. Tex. Human Resources Code Sec. 40.027. COMMISSIONER.

  20. Tex. Human Resources Code Sec. 40.030. ADVISORY COMMITTEES.

  21. Tex. Human Resources Code Sec. 40.031. CHILD PROTECTIVE INVESTIGATIONS ADVISORY COMMITTEE.

  22. Tex. Human Resources Code Sec. 40.0315. INVESTIGATION UNIT FOR ADULT PROTECTIVE SERVICES.

  23. Tex. Human Resources Code Sec. 40.032. PERSONNEL.

  24. Tex. Human Resources Code Sec. 40.0321. SALARY SUPPLEMENTATION BY COUNTY OR MUNICIPALITY.

  25. Tex. Human Resources Code Sec. 40.0322. QUALIFICATIONS FOR ADULT PROTECTIVE SERVICES PERSONNEL; RECRUITMENT.

  26. Tex. Human Resources Code Sec. 40.0323. COORDINATION REGARDING RECRUITMENT FOR AND CURRICULUM OF CERTAIN CERTIFICATE OR DEGREE PROGRAMS. Subject to the availability of funds, the department and the Texas Higher Education Coordinating Board jointly shall develop strategies to:

  27. Tex. Human Resources Code Sec. 40.0325. STUDY OF CASEWORKER EDUCATION REIMBURSEMENT.

  28. Tex. Human Resources Code Sec. 40.0326. RECRUITMENT OF CASEWORKERS. When recruiting child protective services caseworkers, the department shall target its recruitment efforts toward individuals who hold a bachelor's degree or advanced degree in at least one of the following academic areas:

  29. Tex. Human Resources Code Sec. 40.033. MERIT SYSTEM.

  30. Tex. Human Resources Code Sec. 40.034. PROHIBITED ACTIVITIES BY FORMER OFFICERS OR EMPLOYEES.

  31. Tex. Human Resources Code Sec. 40.035. TRAINING PROGRAM FOR ADULT PROTECTIVE SERVICES; CONTINUING EDUCATION.

  32. Tex. Human Resources Code Sec. 40.036. ALZHEIMER'S DISEASE AND DEMENTIA TRAINING.

  33. Tex. Human Resources Code Sec. 40.037. TRAINING PROGRAM FOR CHILD PROTECTIVE SERVICES MANAGERS.

  34. Tex. Human Resources Code Sec. 40.038. SECONDARY TRAUMA SUPPORT FOR CASEWORKERS.

  35. Tex. Human Resources Code Sec. 40.039. REVIEW OF RECORDS RETENTION POLICY. The department shall periodically review the department's records retention policy with respect to case and intake records relating to department functions. The department shall make changes to the policy consistent with the records retention schedule submitted under Section 441.185, Government Code, that are necessary to improve case prioritization and the routing of cases to the appropriate division of the department. The department may adopt rules necessary to implement this section.

  36. Tex. Human Resources Code Sec. 40.040. CASE MANAGEMENT VENDOR QUALITY OVERSIGHT AND ASSURANCE DIVISION; MONITORING OF CONTRACT ADHERENCE.

  37. Tex. Human Resources Code Sec. 40.041. OFFICE OF DATA ANALYTICS. The department shall create an office of data analytics. The office shall report to the deputy commissioner and may perform any of the following functions, as determined by the department:

  38. Tex. Human Resources Code Sec. 40.042. INVESTIGATIONS OF CHILD ABUSE, NEGLECT, AND EXPLOITATION.

  39. Tex. Human Resources Code Sec. 40.043. CHILD SAFETY AND RUNAWAY PREVENTION PROCEDURES. The commissioner by rule shall establish the department's strategy to:

  40. Tex. Human Resources Code Sec. 40.045. EFFICIENCY AUDIT.

  41. Tex. Human Resources Code Sec. 40.0505. DIVISIONS OF DEPARTMENT.

  42. Tex. Human Resources Code Sec. 40.051. STRATEGIC PLAN FOR DEPARTMENT. The department shall develop a departmental strategic plan based on:

  43. Tex. Human Resources Code Sec. 40.0512. CONTINUITY OF SERVICES; INFORMATION SHARING. The department shall make a good faith effort to share relevant and appropriate information with health and human services agencies regarding persons receiving services from the department to ensure continuity of care and the best possible coordination of state-funded resources among health and human services agencies.

  44. Tex. Human Resources Code Sec. 40.0515. QUALITY ASSURANCE PROGRAM FOR ADULT PROTECTIVE SERVICES; QUARTERLY REPORTS.

  45. Tex. Human Resources Code Sec. 40.0516. COLLECTION OF DATA; ANNUAL REPORT.

  46. Tex. Human Resources Code Sec. 40.0521. RULES REGARDING DOMESTIC VIOLENCE.

  47. Tex. Human Resources Code Sec. 40.0522. COMMUNITY EDUCATION AND TRAINING RELATING TO CHILD ABUSE OR NEGLECT.

  48. Tex. Human Resources Code Sec. 40.0524. MULTIDISCIPLINARY TEAMS.

  49. Tex. Human Resources Code Sec. 40.0526. BUILDING COMMUNITY PARTNERSHIPS TO SUPPORT CHILDREN AND FAMILIES.

  50. Tex. Human Resources Code Sec. 40.0527. PUBLIC AWARENESS.

  51. Tex. Human Resources Code Sec. 40.05275. BUSINESS PLAN FOR CHILD PROTECTIVE SERVICES.

  52. Tex. Human Resources Code Sec. 40.0528. GOALS FOR BUSINESS PLAN FOR CHILD PROTECTIVE SERVICES; REPORTING CASELOAD INFORMATION.

  53. Tex. Human Resources Code Sec. 40.0529. CASELOAD MANAGEMENT.

  54. Tex. Human Resources Code Sec. 40.053. DUTY TO PERFORM OTHER FUNCTIONS. The department shall perform other functions as required by law.

  55. Tex. Human Resources Code Sec. 40.054. ACCESS TO CRIMINAL HISTORY. Subject to the availability of funds appropriated by the legislature, the department is entitled to obtain any criminal history information from records maintained by:

  56. Tex. Human Resources Code Sec. 40.055. LEGISLATIVE APPROPRIATION REQUEST. The department shall submit any legislative appropriation request to the commission for comment and for incorporation into the commission's consolidated health and human services budget recommendation. The legislative appropriation request must comply with state priorities and federal requirements.

  57. Tex. Human Resources Code Sec. 40.056. USE OF FUNDS.

  58. Tex. Human Resources Code Sec. 40.0564. DEPARTMENT FUNDS. All money paid to the department under this chapter is subject to Subchapter F, Chapter 404, Government Code.

  59. Tex. Human Resources Code Sec. 40.057. GIFTS AND GRANTS. The department may accept a gift or grant from a public or private source to perform any of the department's powers or duties.

  60. Tex. Human Resources Code Sec. 40.058. CONTRACTS AND AGREEMENTS.

  61. Tex. Human Resources Code Sec. 40.0581. PERFORMANCE MEASURES FOR CERTAIN SERVICE PROVIDER CONTRACTS.

  62. Tex. Human Resources Code Sec. 40.0582. QUALITY CONTRACTING FRAMEWORK.

  63. Tex. Human Resources Code Sec. 40.0583. STATE AUDITOR REVIEW OF CONTRACTS. The state auditor shall biennially review the department's performance-based contracts to determine whether the department is properly enforcing contract provisions with providers and to provide recommendations for improving department oversight and execution of contracts.

  64. Tex. Human Resources Code Sec. 40.059. FEES. The executive commissioner by rule may set and the department may collect appropriate fees in the administration and delivery of services.

  65. Tex. Human Resources Code Sec. 40.060. INDEMNIFICATION FOR LEGAL EXPENSES. If a present or former employee of the department who is or was involved in activities relating to the protection of children or elderly persons or persons with disabilities is criminally prosecuted for conduct involving the person's misfeasance or nonfeasance in the course and scope of the person's employment and is found not guilty after a trial or appeal or if the complaint or indictment is dismissed without a plea of guilty or nolo contendere being entered, the department may indemnify the person or the person's estate for the reasonable attorney's fees incurred in defense of the prosecution up to a maximum of $10,000.

  66. Tex. Human Resources Code Sec. 40.061. IMMUNITY.

  67. Tex. Human Resources Code Sec. 40.062. EXEMPTION FROM CERTAIN COSTS AND FEES. The department is not required to pay any cost or fee otherwise imposed for court proceedings or other services, including a:

  68. Tex. Human Resources Code Sec. 40.063. EXCEPTIONS FROM CERTAIN PROVISIONS OF ADMINISTRATIVE PROCEDURE ACT. Section 2001.038 and Subchapters C through H, Chapter 2001, Government Code, do not apply to the granting, payment, denial, or withdrawal of financial or medical assistance or benefits under a service program of the department.

  69. Tex. Human Resources Code Sec. 40.064. INTERAGENCY COOPERATION AND EXCHANGE OF INFORMATION.

  70. Tex. Human Resources Code Sec. 40.065. COMMUNICATIONS OFFICER; PLAN.

  71. Tex. Human Resources Code Sec. 40.066. HEARINGS CONDUCTED BY STATE OFFICE OF ADMINISTRATIVE HEARINGS.

  72. Tex. Human Resources Code Sec. 40.067. DELIVERY OF SERVICES IN AREAS BORDERING UNITED MEXICAN STATES. The department shall:

  73. Tex. Human Resources Code Sec. 40.068. LOCAL ACCOUNTS.

  74. Tex. Human Resources Code Sec. 40.070. SUPPORT SERVICES FOR CERTAIN FAMILIES.

  75. Tex. Human Resources Code Sec. 40.071. DRUG-ENDANGERED CHILD INITIATIVE. The department shall establish a drug-endangered child initiative aimed at protecting children who are exposed to heroin, cocaine or any of its forms, or methamphetamine or to chemicals and other hazardous materials used in the illicit manufacture of methamphetamine.

  76. Tex. Human Resources Code Sec. 40.072. DUTY TO REPORT; DEPARTMENT RECORDS.

  77. Tex. Human Resources Code Sec. 40.075. PROTECTIVE ORDERS.

  78. Tex. Human Resources Code Sec. 40.080. STRATEGIC PLAN TO IMPLEMENT FEDERAL LAW REGARDING SPECIFIED SETTINGS FOR PLACEMENT OF FOSTER CHILDREN.

  79. Tex. Human Resources Code Sec. 40.081. IMPLEMENTATION OF FEDERAL LAW.

  80. Tex. Human Resources Code Sec. 40.082. REPORT OF CRIMINAL CONDUCT; PENALTY.

  81. Tex. Human Resources Code Sec. 40.083. EMPLOYER RETALIATION PROHIBITED.

  82. Tex. Human Resources Code Sec. 40.084. RETENTION OF GENETIC MATERIAL AND GENETIC INFORMATION.

Chapter 42

  1. Tex. Human Resources Code Sec. 42.001. PURPOSE. The purpose of this chapter is to protect the health, safety, and well-being of the children of the state who reside in child-care facilities by establishing statewide minimum standards for their safety and protection and by regulating the facilities through a licensing program. It is the policy of the state to ensure the protection of all children under care in child-care facilities and to encourage and assist in the improvement of child-care programs. It is also the intent of the legislature that freedom of religion of all citizens is inviolate. With respect to a school or child-care facility sponsored by a religious organization, nothing in this chapter gives a governmental agency authority to regulate, control, supervise, or in any way be involved in the:

  2. Tex. Human Resources Code Sec. 42.002. DEFINITIONS. In this chapter:

  3. Tex. Human Resources Code Sec. 42.003. REFERENCE TO CHILD-CARE INSTITUTION. A reference in law to a "child-care institution" means a general residential operation.

  4. Tex. Human Resources Code Sec. 42.0031. REFERENCE TO PART OF CONTINUUM-OF-CARE OPERATION. With respect to a continuum-of-care operation, a reference in this code or in any other law to a type of residential child-care facility that is a part of a continuum-of-care operation shall be construed as a reference to that portion of the continuum-of-care operation, and the department may take all regulatory action with respect to the continuum-of-care operation that the department could take with respect to the type of residential child-care facility, as further specified in department rule.

  5. Tex. Human Resources Code Sec. 42.004. CONFIDENTIALITY OF INVESTIGATION INFORMATION. A photograph, videotape, audiotape, or other audio or visual recording, depiction, or documentation of a child that is made by the department in the course of an inspection or investigation authorized by this chapter or Section 261.401, Family Code, is confidential, is not subject to release under Chapter 552, Government Code, and may be released only as required by state or federal law or rules adopted by the executive commissioner.

  6. Tex. Human Resources Code Sec. 42.021. DIVISION DESIGNATED.

  7. Tex. Human Resources Code Sec. 42.0211. SAFETY SPECIALISTS, RISK ANALYSTS, AND PERFORMANCE MANAGEMENT.

  8. Tex. Human Resources Code Sec. 42.023. ANNUAL REPORT.

  9. Tex. Human Resources Code Sec. 42.024. ADMINISTRATIVE PROCEDURE. Chapter 2001, Government Code applies to all procedures under this chapter except where it is contrary to or inconsistent with the provisions of this chapter.

  10. Tex. Human Resources Code Sec. 42.025. SEARCHABLE DATABASE.

  11. Tex. Human Resources Code Sec. 42.026. ACCESS TO DATABASE.

  12. Tex. Human Resources Code Sec. 42.041. REQUIRED LICENSE.

  13. Tex. Human Resources Code Sec. 42.0412. COLLECTION OF LICENSED DAY-CARE CENTER DATA.

  14. Tex. Human Resources Code Sec. 42.0413. EXEMPTION FOR SINGLE SOURCE CONTINUUM CONTRACTORS.

  15. Tex. Human Resources Code Sec. 42.042. RULES AND STANDARDS.

  16. Tex. Human Resources Code Sec. 42.04201. INTERIM DIRECTOR.

  17. Tex. Human Resources Code Sec. 42.0421. MINIMUM TRAINING STANDARDS.

  18. Tex. Human Resources Code Sec. 42.04215. SAFETY TRAINING ACCOUNT.

  19. Tex. Human Resources Code Sec. 42.0422. RESTRAINT AND SECLUSION. A person providing services to a resident of a general residential operation, including a state-operated facility that is a residential treatment center or a general residential operation serving children with intellectual disabilities, shall comply with Chapter 322, Health and Safety Code, and the rules adopted under that chapter.

  20. Tex. Human Resources Code Sec. 42.0423. CHILDREN'S PRODUCT SAFETY FOR CERTAIN NONRESIDENTIAL CHILD-CARE FACILITIES.

  21. Tex. Human Resources Code Sec. 42.0424. CHILD SAFETY ALARMS IN VEHICLES.

  22. Tex. Human Resources Code Sec. 42.0425. ASSESSMENT SERVICES.

  23. Tex. Human Resources Code Sec. 42.0426. TRAINING OF PERSONNEL.

  24. Tex. Human Resources Code Sec. 42.04261. OTHER TRAINING OF PERSONNEL: CHILD-PLACING AGENCIES AND DAY-CARE CENTERS.

  25. Tex. Human Resources Code Sec. 42.0427. PARENTAL VISITATION. All areas of a licensed facility must be accessible to a parent of a child who is receiving care at the facility if the parent visits the child during the facility's hours of operation.

  26. Tex. Human Resources Code Sec. 42.04271. RIGHTS OF PARENT OR GUARDIAN WITH CHILD IN CERTAIN CHILD-CARE FACILITIES.

  27. Tex. Human Resources Code Sec. 42.0428. POLICIES ADDRESSING SEXUAL ABUSE AND OTHER MALTREATMENT OF CHILDREN.

  28. Tex. Human Resources Code Sec. 42.0429. SAFE SLEEPING STANDARDS.

  29. Tex. Human Resources Code Sec. 42.04291. SUPERVISION STANDARDS FOR INFANT DURING TIME SPENT ON STOMACH. The executive commissioner by rule shall establish standards for the visual and auditory supervision of an infant engaged in time on the infant's stomach while awake. Each group day-care home and listed and registered family home shall comply with the supervision standards.

  30. Tex. Human Resources Code Sec. 42.043. RULES FOR IMMUNIZATIONS.

  31. Tex. Human Resources Code Sec. 42.04305. VACCINE-PREVENTABLE DISEASE POLICY REQUIRED.

  32. Tex. Human Resources Code Sec. 42.0431. ENFORCEMENT OF SCREENING REQUIREMENTS RELATING TO VISION, HEARING, AND OTHER SPECIAL SENSES AND COMMUNICATION DISORDERS.

  33. Tex. Human Resources Code Sec. 42.0432. HEALTH SCREENING REQUIREMENTS FOR CHILD PLACED WITH CHILD-PLACING AGENCY.

  34. Tex. Human Resources Code Sec. 42.0433. SUICIDE PREVENTION, INTERVENTION, AND POSTVENTION PLAN.

  35. Tex. Human Resources Code Sec. 42.044. INSPECTIONS.

  36. Tex. Human Resources Code Sec. 42.0441. INSPECTION RESULTS FOR CERTAIN NONRESIDENTIAL CHILD-CARE FACILITIES. Immediately after completing a monitoring inspection of a licensed day-care center, licensed group day-care home, or registered family home under Section 42.044, the authorized representative of the department shall review the results of the monitoring inspection with a representative of the facility and give the facility an opportunity to respond to the inspection results.

  37. Tex. Human Resources Code Sec. 42.04411. INSPECTION RESULTS AND EXIT CONFERENCE FOR RESIDENTIAL CHILD-CARE FACILITIES.

  38. Tex. Human Resources Code Sec. 42.04412. INTERFERENCE WITH INSPECTION; COURT ORDER.

  39. Tex. Human Resources Code Sec. 42.0442. COORDINATION OF INSPECTIONS; ELIMINATION OF DUPLICATIVE INSPECTIONS.

  40. Tex. Human Resources Code Sec. 42.04425. INSPECTION INFORMATION DATABASE.

  41. Tex. Human Resources Code Sec. 42.0443. COORDINATION OF FIRE SAFETY AND SANITATION INSPECTIONS.

  42. Tex. Human Resources Code Sec. 42.04431. ENFORCEMENT OF STATE LAW BY COUNTY OR MUNICIPALITY.

  43. Tex. Human Resources Code Sec. 42.0445. REQUIRED BACKGROUND SEARCH OF CENTRAL REGISTRY OF REPORTED CASES OF CHILD ABUSE OR NEGLECT.

  44. Tex. Human Resources Code Sec. 42.0446. REMOVAL OF CERTAIN INVESTIGATION INFORMATION FROM INTERNET WEBSITE. The executive commissioner shall adopt rules providing a procedure by which the commission removes from the commission's Internet website information on a child-care facility or registered or listed family home that relates to an anonymous complaint alleging the facility or family home failed to comply with the commission's minimum standards if, at the conclusion of an investigation, the commission determines the complaint is false or lacks factual foundation.

  45. Tex. Human Resources Code Sec. 42.0447. FALSE REPORT; CRIMINAL PENALTY.

  46. Tex. Human Resources Code Sec. 42.0448. NOTIFICATION OF FAMILY VIOLENCE CALLS. The department shall notify a child-placing agency or a continuum-of-care residential operation that includes a child-placing agency of each family violence report the department receives under Article 5.05, Code of Criminal Procedure, that:

  47. Tex. Human Resources Code Sec. 42.0449. REQUIRED ACTIONS AFTER NOTICE OF FAMILY VIOLENCE CALL. The executive commissioner shall adopt rules specifying the actions that the department, a child-placing agency, and a continuum-of-care residential operation that includes a child-placing agency shall take after receiving notice of a family violence report under Article 5.05, Code of Criminal Procedure, or Section 42.0448 to ensure the health, safety, and welfare of each child residing in the verified agency foster home.

  48. Tex. Human Resources Code Sec. 42.045. RECORDS.

  49. Tex. Human Resources Code Sec. 42.0451. DATABASE OF AGENCY FOSTER HOMES; INFORMATION PROVIDED TO DEPARTMENT OF PUBLIC SAFETY.

  50. Tex. Human Resources Code Sec. 42.0452. FOSTER PARENT RIGHTS AND RESPONSIBILITIES STATEMENT.

  51. Tex. Human Resources Code Sec. 42.046. APPLICATION FOR LICENSE, LISTING, OR REGISTRATION.

  52. Tex. Human Resources Code Sec. 42.0461. PUBLIC NOTICE AND HEARING: RESIDENTIAL CHILD CARE.

  53. Tex. Human Resources Code Sec. 42.0462. WAIVER OF NOTICE AND HEARING REQUIREMENTS.

  54. Tex. Human Resources Code Sec. 42.0463. EXPANSION OF CAPACITY.

  55. Tex. Human Resources Code Sec. 42.047. CONSULTATIONS.

  56. Tex. Human Resources Code Sec. 42.048. LICENSING.

  57. Tex. Human Resources Code Sec. 42.049. LIABILITY INSURANCE REQUIRED.

  58. Tex. Human Resources Code Sec. 42.0495. LIABILITY INSURANCE REQUIRED FOR LISTED FAMILY HOMES.

  59. Tex. Human Resources Code Sec. 42.050. LICENSE RENEWAL.

  60. Tex. Human Resources Code Sec. 42.051. INITIAL LICENSE.

  61. Tex. Human Resources Code Sec. 42.052. CERTIFICATION, LISTING, AND REGISTRATION.

  62. Tex. Human Resources Code Sec. 42.0521. DEPOSIT OF FEES. The fees authorized by this chapter and received by the department shall be deposited in the general revenue fund.

  63. Tex. Human Resources Code Sec. 42.0522. PUBLIC ADVERTISING OF FAMILY HOMES.

  64. Tex. Human Resources Code Sec. 42.0523. LISTING OF RELATIVE CHILD-CARE PROVIDERS.

  65. Tex. Human Resources Code Sec. 42.053. AGENCY FOSTER HOMES.

  66. Tex. Human Resources Code Sec. 42.0531. SECURE AGENCY FOSTER HOMES.

  67. Tex. Human Resources Code Sec. 42.0535. REQUIRED INFORMATION FOR VERIFICATION.

  68. Tex. Human Resources Code Sec. 42.0536. TRANSFER OF AGENCY FOSTER HOME.

  69. Tex. Human Resources Code Sec. 42.0537. CAREGIVER TRAINING REQUIREMENT.

  70. Tex. Human Resources Code Sec. 42.0538. PROVISIONAL LICENSE FOR KINSHIP PROVIDER.

  71. Tex. Human Resources Code Sec. 42.054. FEES.

  72. Tex. Human Resources Code Sec. 42.055. SIGN POSTING.

  73. Tex. Human Resources Code Sec. 42.0551. POSTING OF EMPLOYEE LIST.

  74. Tex. Human Resources Code Sec. 42.056. REQUIRED BACKGROUND AND CRIMINAL HISTORY CHECKS; CRIMINAL PENALTIES.

  75. Tex. Human Resources Code Sec. 42.0561. INFORMATION RELATING TO FAMILY VIOLENCE REPORTS. Before a child-placing agency may issue a verification certificate for an agency foster home, the child-placing agency must obtain information relating to each family violence report at the applicant's residence to which a law enforcement agency responded during the 12 months preceding the date of the application. The applicant shall provide the information on a form prescribed by the department.

  76. Tex. Human Resources Code Sec. 42.0562. INFORMATION REGARDING CERTAIN GROUP DAY-CARE HOME AND FAMILY HOME EMPLOYEES.

  77. Tex. Human Resources Code Sec. 42.0563. PRE-EMPLOYMENT AFFIDAVIT.

  78. Tex. Human Resources Code Sec. 42.057. DRUG TESTING.

  79. Tex. Human Resources Code Sec. 42.058. COMPETITIVE BIDDING OR ADVERTISING RULES.

  80. Tex. Human Resources Code Sec. 42.0583. IDENTIFYING AT-RISK PROVIDERS.

  81. Tex. Human Resources Code Sec. 42.059. REQUIRED AFFIDAVIT FOR APPLICANTS FOR EMPLOYMENT WITH FACILITY OR REGISTERED FAMILY HOME.

  82. Tex. Human Resources Code Sec. 42.060. CARBON MONOXIDE DETECTORS.

  83. Tex. Human Resources Code Sec. 42.062. CERTAIN EMPLOYMENT AND SERVICE PROHIBITED. A person may not be employed as a controlling person or serve in that capacity in a facility or family home if the person is not eligible to receive a license or certification for the operation of a facility or family home under Section 42.072(g) or has been denied a license under Section 42.046 for a substantive reason.

  84. Tex. Human Resources Code Sec. 42.063. REPORTING OF INCIDENTS AND VIOLATIONS.

  85. Tex. Human Resources Code Sec. 42.064. INFORMATION REGARDING GANG-FREE ZONES. Each day-care center shall, in accordance with rules adopted by the executive commissioner, distribute to parents and guardians of children who attend the center information on gang-free zones and the consequences of engaging in organized criminal activity within those zones.

  86. Tex. Human Resources Code Sec. 42.065. ADMINISTERING MEDICATION.

  87. Tex. Human Resources Code Sec. 42.066. REQUIRED SUBMISSION OF INFORMATION REQUESTED BY COURT. A general residential operation that provides mental health treatment or services to a child in the managing conservatorship of the department shall timely submit to the court in a suit affecting the parent-child relationship under Subtitle E, Title 5, Family Code, all information requested by that court.

  88. Tex. Human Resources Code Sec. 42.067. EPINEPHRINE DELIVERY SYSTEMS; IMMUNITY FROM LIABILITY.

  89. Tex. Human Resources Code Sec. 42.068. REQUIRED POSTING OF NO TRESPASSING NOTICE; CRIMINAL PENALTY.

  90. Tex. Human Resources Code Sec. 42.0704. ENFORCEMENT POLICY.

  91. Tex. Human Resources Code Sec. 42.0705. RANGE OF PENALTIES. The department shall revoke or suspend a license or registration, place on probation a person whose license or registration has been suspended, or reprimand a license holder or registration holder for a violation of this chapter or a department rule. If a license or registration suspension is probated, the department may require the license holder or registration holder to:

  92. Tex. Human Resources Code Sec. 42.071. SUSPENSION OR PROBATION OF LICENSE OR REGISTRATION.

  93. Tex. Human Resources Code Sec. 42.0715. COSTS CHARGED TO FACILITY OR FAMILY HOME. The department may charge a facility or family home for reimbursement of the reasonable cost of services provided by the department in formulating, monitoring, and implementing a corrective action plan for the facility or family home.

  94. Tex. Human Resources Code Sec. 42.072. LICENSE, LISTING, OR REGISTRATION DENIAL, SUSPENSION, OR REVOCATION.

  95. Tex. Human Resources Code Sec. 42.073. EMERGENCY SUSPENSION AND CLOSURE OF A FACILITY OR FAMILY HOME.

  96. Tex. Human Resources Code Sec. 42.074. INJUNCTIVE RELIEF.

  97. Tex. Human Resources Code Sec. 42.075. CIVIL PENALTY.

  98. Tex. Human Resources Code Sec. 42.076. CRIMINAL PENALTIES.

  99. Tex. Human Resources Code Sec. 42.0761. CRIMINAL PENALTY FOR OPERATING DAY-CARE CENTER WITHOUT QUALIFIED DIRECTOR.

  100. Tex. Human Resources Code Sec. 42.077. NOTICE OF ACTION AGAINST FACILITY OR FAMILY HOME.

  101. Tex. Human Resources Code Sec. 42.078. ADMINISTRATIVE PENALTY.

  102. Tex. Human Resources Code Sec. 42.079. CEASE AND DESIST ORDER.

  103. Tex. Human Resources Code Sec. 42.080. DISCIPLINARY ACTION PROHIBITED. The commission may not issue a citation to or take any other disciplinary action against a general residential operation or a child-placing agency for failing to employ a licensed child-care administrator or licensed child-placing administrator, as appropriate, if the operation or agency has:

  104. Tex. Human Resources Code Sec. 42.151. DEFINITIONS. In this subchapter:

  105. Tex. Human Resources Code Sec. 42.152. PERMIT REQUIRED.

  106. Tex. Human Resources Code Sec. 42.153. APPLICATION; INITIAL INSPECTION AND BACKGROUND AND CRIMINAL HISTORY CHECKS.

  107. Tex. Human Resources Code Sec. 42.154. CONVERSION OF LICENSE.

  108. Tex. Human Resources Code Sec. 42.155. PARENT OR GUARDIAN WITHIN IMMEDIATE VICINITY. An employer-based day-care facility operating under this subchapter may provide care only for a child whose parent or guardian:

  109. Tex. Human Resources Code Sec. 42.156. CAREGIVER-TO-CHILD RATIO. An employer-based day-care facility operating under this subchapter shall maintain a caregiver-to-child ratio of at least one caregiver to every four children receiving care.

  110. Tex. Human Resources Code Sec. 42.157. MINIMUM STANDARDS. The department shall encourage an employer-based day-care facility operating under this subchapter to comply with the minimum standards applicable to a child-care facility licensed under Subchapter C.

  111. Tex. Human Resources Code Sec. 42.158. CAREGIVER QUALIFICATIONS. A caregiver employed by an employer-based day-care facility operating under this subchapter must:

  112. Tex. Human Resources Code Sec. 42.159. BACKGROUND AND CRIMINAL HISTORY CHECKS REQUIRED.

  113. Tex. Human Resources Code Sec. 42.160. APPLICABILITY OF OTHER LAW. Except as otherwise provided by this subchapter, an employer-based day-care facility operating under this subchapter is not a child-care facility, as defined by Section 42.002, and the provisions of this chapter and the department's rules that apply to a child-care facility licensed under Subchapter C do not apply to an employer-based day-care facility.

  114. Tex. Human Resources Code Sec. 42.161. REPORTING OF INCIDENTS AND VIOLATIONS. An employer-based day-care facility operating under this subchapter and each employee of that facility are subject to the reporting requirements of Section 42.063 to the same extent a licensed child-care facility and employees of licensed child-care facilities are subject to that section.

  115. Tex. Human Resources Code Sec. 42.162. AUTHORITY TO CONDUCT LIMITED INSPECTIONS.

  116. Tex. Human Resources Code Sec. 42.163. SUSPENSION, DENIAL, OR REVOCATION.

  117. Tex. Human Resources Code Sec. 42.201. DEFINITIONS. In this subchapter:

  118. Tex. Human Resources Code Sec. 42.202. PERMIT REQUIRED.

  119. Tex. Human Resources Code Sec. 42.203. APPLICATION; INITIAL INSPECTION AND BACKGROUND AND CRIMINAL HISTORY CHECKS.

  120. Tex. Human Resources Code Sec. 42.204. CONVERSION OF LICENSE.

  121. Tex. Human Resources Code Sec. 42.205. CAREGIVER QUALIFICATIONS AND TRAINING; CHILD-TO-CAREGIVER RATIOS.

  122. Tex. Human Resources Code Sec. 42.206. BACKGROUND AND CRIMINAL HISTORY CHECKS REQUIRED.

  123. Tex. Human Resources Code Sec. 42.207. APPLICABILITY OF OTHER LAW. Except as otherwise provided by this subchapter, a shelter day-care facility operating under this subchapter is not a child-care facility, as defined by Section 42.002, and the provisions of this chapter and the department's rules that apply to a child-care facility licensed under Subchapter C do not apply to a shelter day-care facility.

  124. Tex. Human Resources Code Sec. 42.208. REPORTING OF INCIDENTS AND VIOLATIONS. A shelter day-care facility operating under this subchapter and each employee of that facility are subject to the reporting requirements of Section 42.063 to the same extent a licensed child-care facility and employees of licensed child-care facilities are subject to that section.

  125. Tex. Human Resources Code Sec. 42.209. AUTHORITY TO CONDUCT LIMITED INSPECTIONS.

  126. Tex. Human Resources Code Sec. 42.210. SUSPENSION, DENIAL, OR REVOCATION.

  127. Tex. Human Resources Code Sec. 42.251. APPLICABILITY. This subchapter applies only to a general residential operation that:

  128. Tex. Human Resources Code Sec. 42.252. PROPOSED OPERATIONAL PLAN; LICENSING PROCEDURES.

  129. Tex. Human Resources Code Sec. 42.253. CONFIDENTIALITY OF INFORMATION RELATING TO SERVICES FOR HUMAN TRAFFICKING VICTIMS.

  130. Tex. Human Resources Code Sec. 42.254. DUTIES RELATING TO EDUCATION OF CHILDREN IN GENERAL RESIDENTIAL OPERATION.

  131. Tex. Human Resources Code Sec. 42.2541. IMPROVING EDUCATION SERVICES FOR CHILDREN.

  132. Tex. Human Resources Code Sec. 42.255. HEARING BEFORE RENEWAL OF LICENSE.

  133. Tex. Human Resources Code Sec. 42.256. TREATMENT MODEL.

  134. Tex. Human Resources Code Sec. 42.257. EVALUATION OF PLACEMENTS.

  135. Tex. Human Resources Code Sec. 42.258. LIMIT ON PLACEMENTS FOR NEW FACILITY. If the department or a single source continuum contractor contracts with a general residential operation providing treatment services to place children with the operation before the operation is licensed, the contract must limit the number of children that may be placed at the operation each month and limit the number of children with a service level of specialized, intense, or intense plus until the operation exhibits sustained compliance with the licensing standards.

  136. Tex. Human Resources Code Sec. 42.259. TRANSITION PLANS. A general residential operation shall develop a transition plan for each child who has been placed at the operation for longer than six months.

  137. Tex. Human Resources Code Sec. 42.260. TELEHEALTH PILOT PROGRAM. The commission in coordination with the department and single source continuum contractors shall establish guidelines in the STAR Health program to improve the use of telehealth services to provide and enhance mental health and behavioral health care for children placed in the managing conservatorship of the state.

Chapter 43

  1. Tex. Human Resources Code Sec. 43.001. DEFINITIONS. In this chapter:

  2. Tex. Human Resources Code Sec. 43.003. LICENSE REQUIRED.

  3. Tex. Human Resources Code Sec. 43.004. QUALIFICATIONS FOR LICENSE.

  4. Tex. Human Resources Code Sec. 43.0041. EXAMINATION RESULTS.

  5. Tex. Human Resources Code Sec. 43.0042. RECOGNITION OF LICENSE ISSUED BY ANOTHER STATE.

  6. Tex. Human Resources Code Sec. 43.005. RULES. The executive commissioner may adopt rules to administer the provisions of this chapter.

  7. Tex. Human Resources Code Sec. 43.0055. COMPETITIVE BIDDING OR ADVERTISING RULES.

  8. Tex. Human Resources Code Sec. 43.006. FEES. The executive commissioner by rule may set and the department may collect fees for administering an examination and issuing an initial license, renewal license, or provisional license in amounts necessary to cover the costs of administering this chapter.

  9. Tex. Human Resources Code Sec. 43.007. LICENSE APPLICATION.

  10. Tex. Human Resources Code Sec. 43.008. LICENSING.

  11. Tex. Human Resources Code Sec. 43.0081. PROVISIONAL LICENSE.

  12. Tex. Human Resources Code Sec. 43.009. LICENSE RENEWAL.

  13. Tex. Human Resources Code Sec. 43.010. LICENSE DENIAL, REVOCATION, SUSPENSION, OR REFUSAL TO RENEW; REPRIMAND OR PROBATION.

  14. Tex. Human Resources Code Sec. 43.0105. REVOCATION OF PROBATION. The department may revoke the probation of a license holder if the license holder violates a term of the conditions of probation.

  15. Tex. Human Resources Code Sec. 43.0106. ADMINISTRATIVE HEARING.

  16. Tex. Human Resources Code Sec. 43.012. PENALTY. A person who serves as a child-care or child-placing agency administrator without the license required by this chapter commits a Class C misdemeanor.

Chapter 44

  1. Tex. Human Resources Code Sec. 44.001. DESIGNATED AGENCY. The Texas Workforce Commission is the state agency designated to administer a day-care program established by federal law and financed partially or totally by federal funds.

  2. Tex. Human Resources Code Sec. 44.002. ADMINISTRATIVE RULES.

  3. Tex. Human Resources Code Sec. 44.003. ADMINISTRATION OF FEDERAL-LOCAL PROGRAM.

  4. Tex. Human Resources Code Sec. 44.031. ESTABLISHMENT.

  5. Tex. Human Resources Code Sec. 44.032. ELIGIBILITY.

  6. Tex. Human Resources Code Sec. 44.033. FEES.

  7. Tex. Human Resources Code Sec. 44.034. STANDARDS; RECOMMENDATIONS.

  8. Tex. Human Resources Code Sec. 44.035. CONTRACTS.

  9. Tex. Human Resources Code Sec. 44.036. ANNUAL EVALUATION OF DAY-CARE CENTERS. If the Texas Workforce Commission establishes day-care centers or provides services under this subchapter, the Texas Workforce Commission, with the assistance of the department, shall evaluate the performance of the centers each state fiscal year. This evaluation shall be sent to the governor and to the Legislative Budget Board not later than the 100th day after the last day of the state fiscal year covered by the evaluation.

Chapter 45

  1. Tex. Human Resources Code Sec. 45.001. LEGISLATIVE INTENT. It is the intent of the legislature to maintain a diverse network of service providers that offer a range of foster capacity options and that accommodate children from various cultural backgrounds. To that end, the legislature expects reasonable accommodations to be made by the state to allow people of diverse backgrounds and beliefs to be a part of meeting the needs of children in the child welfare system. Decisions regarding the placement of children shall continue to be made in the best interest of the child, including which person is best able to provide for the child's physical, psychological, and emotional needs and development.

  2. Tex. Human Resources Code Sec. 45.002. DEFINITIONS. In this chapter:

  3. Tex. Human Resources Code Sec. 45.003. APPLICABILITY.

  4. Tex. Human Resources Code Sec. 45.004. CHILD WELFARE SERVICES PROVIDERS PROTECTED. A governmental entity or any person that contracts with this state or operates under governmental authority to refer or place children for child welfare services may not discriminate or take any adverse action against a child welfare services provider on the basis, wholly or partly, that the provider:

  5. Tex. Human Resources Code Sec. 45.005. SECONDARY SERVICES PROVIDERS AND REFERRALS.

  6. Tex. Human Resources Code Sec. 45.006. PRIVATE RIGHT OF ACTION. A child welfare services provider may assert an actual or threatened violation of this chapter as a claim or defense in a judicial or administrative proceeding and obtain the relief specified in Section 45.007.

  7. Tex. Human Resources Code Sec. 45.007. REMEDIES.

  8. Tex. Human Resources Code Sec. 45.008. IMMUNITY WAIVED.

  9. Tex. Human Resources Code Sec. 45.009. EFFECT ON RIGHTS; CONSTRUCTION OF LAW.

  10. Tex. Human Resources Code Sec. 45.010. INTERPRETATION. This chapter shall be liberally construed to effectuate its remedial and deterrent purposes.

Chapter 48

  1. Tex. Human Resources Code Sec. 48.001. PURPOSE. The purpose of this chapter is to provide for the authority to investigate the abuse, neglect, or exploitation of an elderly person or person with a disability and to provide protective services to that person.

  2. Tex. Human Resources Code Sec. 48.002. DEFINITIONS.

  3. Tex. Human Resources Code Sec. 48.0021. REFERENCE TO COMMISSION OR EXECUTIVE COMMISSIONER. Unless otherwise provided by a provision of this chapter, in this chapter:

  4. Tex. Human Resources Code Sec. 48.003. INVESTIGATIONS IN NURSING FACILITIES, ASSISTED LIVING FACILITIES, AND SIMILAR FACILITIES.

  5. Tex. Human Resources Code Sec. 48.004. RISK ASSESSMENT. The executive commissioner by rule shall develop and maintain risk assessment criteria for use by department personnel in determining whether an elderly person or person with a disability is in imminent risk of abuse, neglect, or exploitation or in a state of abuse, neglect, or exploitation and needs protective services. The criteria must:

  6. Tex. Human Resources Code Sec. 48.005. MAINTENANCE OF RECORDS. Notwithstanding Chapter 441, Government Code, or any other law, and subject to the availability of funds, the department shall maintain in an electronic format a summary of all records related to investigations of reports made under Section 48.051 that includes only critical information with respect to those investigations that will enable the department to research the history of a person's involvement in the investigated cases.

  7. Tex. Human Resources Code Sec. 48.006. COMMUNITY SATISFACTION SURVEY.

  8. Tex. Human Resources Code Sec. 48.007. MEMORANDUM OF UNDERSTANDING REGARDING CERTAIN ABUSE, NEGLECT, OR EXPLOITATION INVESTIGATIONS. The commission, the department, the Department of Aging and Disability Services, the office of independent ombudsman for state supported living centers, and the commission's office of inspector general shall enter into a memorandum of understanding regarding investigations of alleged abuse, neglect, or exploitation of residents or clients of state supported living centers or the ICF-IID component of the Rio Grande State Center that delineates the responsibilities of each agency and office under this chapter, Chapter 261, Family Code, and Chapter 555, Health and Safety Code, and amend the memorandum of understanding as necessary to reflect changes in those responsibilities. During the negotiation of the memorandum of understanding, the agencies and offices shall jointly determine whether the forensic training received by relevant staff of the Department of Family and Protective Services is adequate. Specifically, the agencies and offices shall assess and, if necessary, develop a plan to enhance the ability of department staff to identify and report incidences that constitute a potential criminal offense. The commission is the final arbiter of any dispute regarding the memorandum of understanding under this section.

  9. Tex. Human Resources Code Sec. 48.051. REPORT.

  10. Tex. Human Resources Code Sec. 48.052. FAILURE TO REPORT; PENALTY.

  11. Tex. Human Resources Code Sec. 48.053. FALSE REPORT; PENALTY.

  12. Tex. Human Resources Code Sec. 48.054. IMMUNITY.

  13. Tex. Human Resources Code Sec. 48.101. CONFIDENTIALITY AND DISCLOSURE OF INFORMATION; AGENCY EXCHANGE OF INFORMATION.

  14. Tex. Human Resources Code Sec. 48.102. REPORTS OF INVESTIGATIONS IN SCHOOLS.

  15. Tex. Human Resources Code Sec. 48.103. NOTIFICATION OF LICENSING OR CONTRACTING AGENCY.

  16. Tex. Human Resources Code Sec. 48.151. ACTION ON REPORT.

  17. Tex. Human Resources Code Sec. 48.152. INVESTIGATION.

  18. Tex. Human Resources Code Sec. 48.1521. INVESTIGATION OF COMPLEX CASES.

  19. Tex. Human Resources Code Sec. 48.1522. REPORTS OF CRIMINAL CONDUCT TO LAW ENFORCEMENT AGENCY.

  20. Tex. Human Resources Code Sec. 48.1523. MANAGEMENT REVIEW FOLLOWING CERTAIN INVESTIGATIONS. If the department receives and investigates a report made under Section 48.051, the subject of which is a person with respect to whom the department received and investigated two previous reports under that section and closed those investigations, an adult protective services supervisor shall:

  21. Tex. Human Resources Code Sec. 48.153. ACCESS TO INVESTIGATION.

  22. Tex. Human Resources Code Sec. 48.154. ACCESS TO RECORDS OR DOCUMENTS.

  23. Tex. Human Resources Code Sec. 48.155. INTERFERENCE WITH INVESTIGATION OR SERVICES PROHIBITED.

  24. Tex. Human Resources Code Sec. 48.156. AGENCY REPORTS. A protective services agency shall make reports relating to its provision of protective services as the department or a court may require.

  25. Tex. Human Resources Code Sec. 48.159. INTERNAL REVIEW OF DEPARTMENT INVESTIGATION. The department shall establish procedures for conducting an internal review of completed investigations conducted by the department under this chapter to:

  26. Tex. Human Resources Code Sec. 48.201. APPLICATION OF SUBCHAPTER. Except as otherwise provided, this subchapter does not apply to an investigation conducted under Subchapter F.

  27. Tex. Human Resources Code Sec. 48.202. SERVICE DETERMINATION BY DEPARTMENT OR AGENCY.

  28. Tex. Human Resources Code Sec. 48.203. VOLUNTARY PROTECTIVE SERVICES.

  29. Tex. Human Resources Code Sec. 48.204. AGENCY POWERS. A protective services agency may furnish protective services to an elderly person or person with a disability with the person's consent or to a relative or caretaker of the person on behalf of the person with the relative's or caregiver's consent or, if the elderly person or person with a disability lacks the capacity to consent, without that person's consent as provided by this chapter.

  30. Tex. Human Resources Code Sec. 48.205. PROVISION OF SERVICES.

  31. Tex. Human Resources Code Sec. 48.206. COST OF SERVICES. If the elderly person or person with a disability receiving the protective services is determined to be financially able to contribute to the payments for those services, the provider shall receive a reasonable reimbursement from the person's assets.

  32. Tex. Human Resources Code Sec. 48.207. OBJECTION TO MEDICAL TREATMENT. This chapter does not authorize or require any medical treatment of a person who objects on the grounds that he is an adherent or member of a recognized church or religious denomination the tenets and practice of which may include reliance solely upon spiritual means through prayer for healing.

  33. Tex. Human Resources Code Sec. 48.208. EMERGENCY ORDER FOR PROTECTIVE SERVICES.

  34. Tex. Human Resources Code Sec. 48.209. REFERRAL FOR GUARDIANSHIP SERVICES.

  35. Tex. Human Resources Code Sec. 48.210. REPRESENTATION.

  36. Tex. Human Resources Code Sec. 48.211. REPORT TO GUARDIANSHIP COURT. If the elderly person or person with a disability has a guardian, a written notification of the findings of the investigation shall be sent to the court to which the guardian is accountable.

  37. Tex. Human Resources Code Sec. 48.251. DEFINITIONS.

  38. Tex. Human Resources Code Sec. 48.252. INVESTIGATION OF REPORTS OF ABUSE, NEGLECT, OR EXPLOITATION BY PROVIDER.

  39. Tex. Human Resources Code Sec. 48.253. ACTION ON REPORT.

  40. Tex. Human Resources Code Sec. 48.2535. FORWARDING CERTAIN REPORTS OF CRIMINAL CONDUCT TO LAW ENFORCEMENT. On receipt by the department of a report of alleged abuse or exploitation under this subchapter that the department believes constitutes an offense under Section 32.55, Penal Code, the department shall immediately notify an appropriate law enforcement agency, regardless of whether the report alleges conduct that constitutes abuse or exploitation for purposes of this subchapter.

  41. Tex. Human Resources Code Sec. 48.254. FORWARDING OF CERTAIN REPORTS.

  42. Tex. Human Resources Code Sec. 48.255. RULES FOR INVESTIGATIONS UNDER THIS SUBCHAPTER.

  43. Tex. Human Resources Code Sec. 48.256. SHARING PROVIDER INFORMATION.

  44. Tex. Human Resources Code Sec. 48.257. RETALIATION PROHIBITED.

  45. Tex. Human Resources Code Sec. 48.258. TRACKING SYSTEM FOR REPORTS AND INVESTIGATIONS.

  46. Tex. Human Resources Code Sec. 48.301. INVESTIGATION OF REPORTS IN OTHER STATE FACILITIES.

  47. Tex. Human Resources Code Sec. 48.302. APPROVAL OF RULES. The executive commissioner shall review and approve the rules required by Section 48.301(c) to ensure that all agencies implement appropriate standards for the conduct of investigations and that uniformity exists among agencies in the investigation and resolution of reports.

  48. Tex. Human Resources Code Sec. 48.303. MEMORANDUM OF UNDERSTANDING.

  49. Tex. Human Resources Code Sec. 48.304. STATISTICS.

  50. Tex. Human Resources Code Sec. 48.401. DEFINITIONS. In this subchapter:

  51. Tex. Human Resources Code Sec. 48.402. RULES RELATING TO REPORTABLE CONDUCT. The executive commissioner may adopt rules to further define reportable conduct.

  52. Tex. Human Resources Code Sec. 48.403. FINDING. After an investigation and following the procedures of this subchapter, if the department confirms or validates the occurrence of reportable conduct by an employee, the department shall immediately forward the finding to the Department of Aging and Disability Services to record the reportable conduct in the employee misconduct registry under Section 253.007, Health and Safety Code.

  53. Tex. Human Resources Code Sec. 48.404. NOTICE OF FINDING.

  54. Tex. Human Resources Code Sec. 48.405. HEARING; ORDER.

  55. Tex. Human Resources Code Sec. 48.406. NOTICE; JUDICIAL REVIEW.

  56. Tex. Human Resources Code Sec. 48.407. INFORMAL PROCEEDINGS. The executive commissioner by rule shall adopt procedures governing informal proceedings held in compliance with Section 2001.056, Government Code.

  57. Tex. Human Resources Code Sec. 48.408. INFORMATION FOR THE EMPLOYEE MISCONDUCT REGISTRY.

Chapter 51

  1. Tex. Human Resources Code Sec. 51.001. PURPOSE. The purpose of this chapter is to promote development of and access to locally based and supported nonprofit services for victims of family violence throughout the state.

  2. Tex. Human Resources Code Sec. 51.002. DEFINITIONS. In this chapter:

  3. Tex. Human Resources Code Sec. 51.0021. FAMILY VIOLENCE SERVICES PLAN.

  4. Tex. Human Resources Code Sec. 51.003. CONTRACTS.

  5. Tex. Human Resources Code Sec. 51.004. CONTRACT ELIGIBILITY; PROCUREMENT; APPLICATION PROCESS.

  6. Tex. Human Resources Code Sec. 51.005. CONTRACT SPECIFICATIONS.

  7. Tex. Human Resources Code Sec. 51.0051. MAXIMIZING FEDERAL FUNDING FOR PROGRAMS TO BENEFIT VICTIMS OF FAMILY VIOLENCE. To maximize the state's receipt of federal matching funds for emergency assistance under Part A, Title IV, Social Security Act (42 U.S.C. Section 601 et seq.):

  8. Tex. Human Resources Code Sec. 51.006. REPORT.

  9. Tex. Human Resources Code Sec. 51.007. CONFIDENTIALITY. The commission may not disclose any information that would identify:

  10. Tex. Human Resources Code Sec. 51.008. CONSULTATIONS. In implementing this chapter, the commission shall consult with individuals and groups having knowledge of and experience in the problems of family violence.

  11. Tex. Human Resources Code Sec. 51.009. GRANTS AND FUNDS. The commission may seek other funds that may be available for the contracts authorized by this chapter.

  12. Tex. Human Resources Code Sec. 51.010. RULES. The executive commissioner may adopt rules necessary to implement this chapter.

  13. Tex. Human Resources Code Sec. 51.011. FUNDING.

  14. Tex. Human Resources Code Sec. 51.012. COORDINATION OF SERVICES. The commission and the Department of Family and Protective Services shall coordinate the provision of violence prevention services for children.

Chapter 52

  1. Tex. Human Resources Code Sec. 52.001. SCHOOL AGE PREGNANCY PREVENTION.

Chapter 62

  1. Tex. Human Resources Code Sec. 62.001. DETENTION HOMES AND PARENTAL SCHOOLS.

  2. Tex. Human Resources Code Sec. 62.002. MULTICOUNTY FACILITIES.

Chapter 63

  1. Tex. Human Resources Code Sec. 63.001. DEFINITIONS. In this chapter:

  2. Tex. Human Resources Code Sec. 63.002. AUTHORITY TO OPERATE FACILITY. A county or a combination of counties may, and they are hereby authorized to, elect to own, establish, operate, and staff a long-term residential facility for the detention of juvenile offenders.

  3. Tex. Human Resources Code Sec. 63.003. GOVERNMENTAL NATURE OF FACILITY. The facility is an agency of the state, a governmental unit, and a unit of local government as defined and specified by Chapters 101 and 102, Civil Practice and Remedies Code, and a local government as defined by Section 791.003, Government Code.

  4. Tex. Human Resources Code Sec. 63.004. BOARD OF TRUSTEES: SINGLE COUNTY FACILITY. The facility shall be governed by a board of trustees. The board of trustees for a facility created by a single county may be the commissioners court of the forming county, or the commissioners court may appoint from the qualified voters of the region to be served a board of trustees consisting of no less than five nor more than nine persons. If the board of trustees is appointed from the qualified voters of the region to be served, the terms of the members thereof shall be staggered by appointing not less than one-third nor more than one-half of the members for one year, or until their successors are appointed, and by appointing the remaining members for two years, or until their successors are appointed. Thereafter, all appointments shall be made for a two-year period, or until their successors are appointed. Appointments made to fill unexpired terms shall be for the period of the unexpired term, or until a successor is appointed.

  5. Tex. Human Resources Code Sec. 63.005. BOARD OF TRUSTEES: COMBINATION OF COUNTIES FACILITY. A facility created by a combination of counties shall be governed by a board of trustees. Such board of trustees shall consist of not less than five nor more than nine members selected from the commissioners court of such counties, or such commissioners court may jointly appoint a board of trustees from among the qualified voters of the region to be served in the manner described above.

  6. Tex. Human Resources Code Sec. 63.006. BOARD MEETINGS. The board of trustees shall make rules to govern the holding of regular and special meetings. All meetings of the board of trustees shall be open to the public to the extent required by and in accordance with the general law of this state requiring meetings of governmental bodies to be open to the public. Should the board of trustees discuss any juvenile either in residence in the facility, being transferred to the facility, or who has formerly been a resident of the facility, such discussion shall be conducted in closed session, and such discussion, or any record thereof, shall not be open to the public.

  7. Tex. Human Resources Code Sec. 63.007. QUORUM. A majority of the membership of the board of trustees shall constitute a quorum for the transaction of business.

  8. Tex. Human Resources Code Sec. 63.008. FACILITY ADMINISTRATION. The board of trustees is responsible for the administration of the facility.

  9. Tex. Human Resources Code Sec. 63.009. BOARD POLICIES. The board of trustees shall develop policies consistent with the rules, regulations, and standards of the Texas Juvenile Justice Department.

  10. Tex. Human Resources Code Sec. 63.010. STANDARDIZED PERSONNEL QUALIFICATIONS. The board of trustees shall standardize qualifications for personnel positions in the community center consistent with those established by the Texas Juvenile Justice Department.

  11. Tex. Human Resources Code Sec. 63.011. ADVISORY COMMITTEES. The board of trustees may appoint advisory committees to advise the board on matters relating to the administration of the facility. No such committee shall consist of less than five members, and the appointment of such committees shall not relieve the board of trustees of final responsibility and accountability as provided in this chapter.

  12. Tex. Human Resources Code Sec. 63.012. FACILITY EXECUTIVE DIRECTOR: APPOINTMENT. The board of trustees shall appoint an executive director for the facility.

  13. Tex. Human Resources Code Sec. 63.013. FACILITY EXECUTIVE DIRECTOR: DELEGATED POWERS. The executive director shall have the powers delegated by and be subject to the policy direction of the board of trustees.

  14. Tex. Human Resources Code Sec. 63.014. FACILITY PERSONNEL. The board of trustees or the director may employ and train personnel for the administration of the various programs and services of the facility. The employee shall be provided the appropriate rights, privileges, and benefits available to the employees of the governing bodies that establish the facility. The board of trustees is authorized to provide workers' compensation benefits in the manner provided by Chapter 504, Labor Code.

  15. Tex. Human Resources Code Sec. 63.015. COUNTY CONTRIBUTIONS. Each county participating in the creation of the facility may contribute lands, buildings, personnel, and funds for the administration of the various programs and services of the facility.

  16. Tex. Human Resources Code Sec. 63.016. GIFTS, GRANTS, AND DONATIONS. The board of trustees of the facility may accept gifts, grants, and donations of money, personal property, and real property for use in the administration of its programs and services.

  17. Tex. Human Resources Code Sec. 63.017. SINGLE COUNTY FACILITY: ACQUISITION OF REAL PROPERTY; RULES FOR ADMISSION; RATES CHARGED.

  18. Tex. Human Resources Code Sec. 63.018. COMBINATION OF COUNTIES FACILITY: ACQUISITION OF REAL PROPERTY; RULES FOR ADMISSION; RATES CHARGED.

  19. Tex. Human Resources Code Sec. 63.019. RULES REGULATING ADMINISTRATION OF SERVICES. The board of trustees may make rules consistent with those promulgated by the Texas Juvenile Justice Department and the policies, principles, and standards provided in this Act to regulate the administration of services by the facility to the juveniles placed into the facility.

  20. Tex. Human Resources Code Sec. 63.020. MINIMUM SERVICES TO BE PROVIDED. The board of trustees will provide at least the following services to a juvenile who is placed into the facility:

  21. Tex. Human Resources Code Sec. 63.021. LIST OF SERVICES. The board of trustees of the facility shall devise a list of services that it will offer to each juvenile who is placed into the facility for the use by the court in making its determination as to whether the juvenile would benefit by admission into the facility.

  22. Tex. Human Resources Code Sec. 63.022. FACILITY RESEARCH AND RECRUITMENT AND TRAINING OF PERSONNEL; CONTRACTS AUTHORIZED. The facility may engage in research and in recruitment and training of personnel in support of its programs and services and may make contracts for those purposes.

  23. Tex. Human Resources Code Sec. 63.023. FEES FOR SERVICES. The board of trustees for the facility may charge reasonable fees to cover costs for services provided, except where prohibited by other service contracts or by law.

  24. Tex. Human Resources Code Sec. 63.024. PAYMENT OF FEES BY COUNTY. In collecting fees for the treatment rendered juveniles, the director will bill directly that county in which the juvenile resided prior to his admission to the facility. The county that receives such a bill from the director must pay that bill within 45 days of its receipt.

  25. Tex. Human Resources Code Sec. 63.025. ADMISSION OF AND PAYMENT FOR SERVICES PROVIDED TO JUVENILES RESIDING IN ANOTHER COUNTY. The board of trustees may provide that juveniles who reside outside the boundaries of a county that participated in the formation of the facility may be admitted to the facility. However, the charges to the county of residence of the juvenile may be billed at a rate higher than that charged to a county that participated in the formation of the facility.

  26. Tex. Human Resources Code Sec. 63.026. COURT-ORDERED ADMISSION. A juvenile may be admitted upon the order of a court of competent jurisdiction that finds that the juvenile has engaged in delinquent conduct and is in need of supervision or is experiencing a dysfunctional home environment and will benefit from placement in the facility.

  27. Tex. Human Resources Code Sec. 63.027. LIMITATION ON PERIOD FOR JUVENILE'S RESIDENCE. The court will include in its order the length of time that the juvenile will reside in the facility, which will not exceed a period of one year. At the conclusion of the one-year period, the court will make a determination as to whether the juvenile will benefit from further residence within the facility. The court may then order the juvenile to be placed into the facility for additional time not to exceed one year.

  28. Tex. Human Resources Code Sec. 63.028. MODIFICATION OF COURT ORDER. The court may modify any order by which a juvenile is placed in the facility upon recommendation of the director of the facility.

Chapter 72

  1. Tex. Human Resources Code Sec. 72.001. DEFINITION. In this chapter, "Head Start program" means the federal program established under the Head Start Act (42 U.S.C. Section 9831 et seq.) and its subsequent amendments.

  2. Tex. Human Resources Code Sec. 72.002. EDUCATIONAL SERVICES. To promote the comprehensive health, safety, and well-being of children receiving child care through Head Start programs, a program provider shall provide educational services to children participating in the program so that each child is prepared to enter school and is ready to learn after completing the program. The educational services provided must include components designed to enable a child to:

  3. Tex. Human Resources Code Sec. 72.003. COORDINATION OF SERVICES.

Chapter 73

  1. Tex. Human Resources Code Sec. 73.001. DEFINITIONS. In this chapter:

  2. Tex. Human Resources Code Sec. 73.003. STRATEGIC PLAN. The department shall develop and implement a strategic plan for a statewide system of early childhood intervention services, as required by Part C, Individuals with Disabilities Education Act

  3. Tex. Human Resources Code Sec. 73.004. ADVISORY COMMITTEE.

  4. Tex. Human Resources Code Sec. 73.0041. ADVISORY COMMITTEE DUTIES. The advisory committee established under Section 73.004 shall perform the duties and responsibilities required of an advisory committee under 20 U.S.C. Section 1441 and its subsequent amendments.

  5. Tex. Human Resources Code Sec. 73.0045. COMMISSIONER'S POWERS AND DUTIES; EFFECT OF CONFLICT WITH OTHER LAW. To the extent a power or duty given to the commissioner of assistive and rehabilitative services by this chapter or another law conflicts with any of the following provisions of the Government Code, the Government Code provision controls:

  6. Tex. Human Resources Code Sec. 73.005. ISSUES RELATED TO INTERVENTION SERVICES; LEGISLATIVE PROPOSALS.

  7. Tex. Human Resources Code Sec. 73.0051. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT UNDER CHAPTER.

  8. Tex. Human Resources Code Sec. 73.006. REIMBURSEMENT FOR EXPENSES.

  9. Tex. Human Resources Code Sec. 73.007. PUBLIC AWARENESS AND TRAINING. The department shall develop and implement:

  10. Tex. Human Resources Code Sec. 73.008. EARLY IDENTIFICATION STRATEGY.

  11. Tex. Human Resources Code Sec. 73.009. REFERRAL FOR SERVICES.

  12. Tex. Human Resources Code Sec. 73.010. ELIGIBILITY FOR SERVICES. A child is eligible for services under this chapter if the child:

  13. Tex. Human Resources Code Sec. 73.011. PROVIDER SELECTION.

  14. Tex. Human Resources Code Sec. 73.022. FINANCES.

  15. Tex. Human Resources Code Sec. 73.024. APPLICATION OF OPEN MEETINGS LAW, OPEN RECORDS LAW, AND ADMINISTRATIVE PROCEDURE LAW TO ADVISORY COMMITTEE. The advisory committee is subject to the requirements of the open meetings law, Chapter 551, Government Code, the open records law, Chapter 552, Government Code, and Chapter 2001, Government Code.

Chapter 74

  1. Tex. Human Resources Code Sec. 74.001. DEFINITIONS. In this chapter:

  2. Tex. Human Resources Code Sec. 74.002. PURPOSE.

  3. Tex. Human Resources Code Sec. 74.003. MEMBERSHIP.

  4. Tex. Human Resources Code Sec. 74.004. INTERAGENCY STAFFING.

  5. Tex. Human Resources Code Sec. 74.005. DUTIES. The commission shall:

  6. Tex. Human Resources Code Sec. 74.006. MEETINGS.

  7. Tex. Human Resources Code Sec. 74.007. SUBJECT MATTER EXPERT INPUT.

  8. Tex. Human Resources Code Sec. 74.008. REVIEW BY COMMISSION.

  9. Tex. Human Resources Code Sec. 74.009. RIGHT TO REQUEST REVIEW.

  10. Tex. Human Resources Code Sec. 74.010. PUBLIC COMMENT.

  11. Tex. Human Resources Code Sec. 74.011. DETERMINATION.

Chapter 80

  1. Tex. Human Resources Code Sec. 80.001. FINGERPRINTING FOR IDENTIFICATION.

  2. Tex. Human Resources Code Sec. 80.003. CHILDREN BORN TO IMPRISONED WOMEN.

Chapter 81

  1. Tex. Human Resources Code Sec. 81.001. DEFINITIONS. In this chapter:

  2. Tex. Human Resources Code Sec. 81.0055. COMMISSIONER'S POWERS AND DUTIES; EFFECT OF CONFLICT WITH OTHER LAW. To the extent a power or duty given to the commissioner of assistive and rehabilitative services by this chapter, or another law relating to services for persons who are deaf or hard of hearing, conflicts with any of the following provisions of the Government Code, the Government Code provision controls:

  3. Tex. Human Resources Code Sec. 81.006. DUTIES AND POWERS OF DEPARTMENT AND EXECUTIVE COMMISSIONER UNDER CHAPTER.

  4. Tex. Human Resources Code Sec. 81.007. BOARD FOR EVALUATION OF INTERPRETERS.

  5. Tex. Human Resources Code Sec. 81.0071. EXAMINATION RESULTS.

  6. Tex. Human Resources Code Sec. 81.0072. REVOCATION OR SUSPENSION OF CERTIFICATE.

  7. Tex. Human Resources Code Sec. 81.0073. CERTIFICATE RENEWAL.

  8. Tex. Human Resources Code Sec. 81.0074. PROVISIONAL CERTIFICATE.

  9. Tex. Human Resources Code Sec. 81.013. PRIVATE OUTDOOR TRAINING PROGRAMS FOR CHILDREN WHO ARE DEAF OR HARD OF HEARING.

  10. Tex. Human Resources Code Sec. 81.015. ADVERTISEMENT.

  11. Tex. Human Resources Code Sec. 81.016. CONTRACTS FOR SERVICES.

  12. Tex. Human Resources Code Sec. 81.017. MEMORANDUM OF UNDERSTANDING.

  13. Tex. Human Resources Code Sec. 81.019. SYMBOLS OR OTHER FORMS OF IDENTIFICATION FOR PERSONS WITH HEARING IMPAIRMENTS.

  14. Tex. Human Resources Code Sec. 81.020. ASSISTANCE REGARDING TELECOMMUNICATIONS DEVICES. The department may not advertise, distribute, or publish the name or address or other related information received by the department about an individual who applies for assistance regarding telecommunications devices.

  15. Tex. Human Resources Code Sec. 81.021. SPECIALIZED LICENSE PLATE PROGRAM. The department shall develop and the executive commissioner shall adopt rules and guidelines for the use of funds collected from the sale of specialized license plates under Section 504.619, Transportation Code, that are deposited in accordance with Section 504.6012, Transportation Code, and appropriated to the department for direct services programs, training, and education.

Chapter 82

  1. Tex. Human Resources Code Sec. 82.001. DEFINITIONS. In this chapter:

  2. Tex. Human Resources Code Sec. 82.002. CONFIDENTIALITY OF CONVERSATIONS. A qualified interpreter or relay agent who is employed to interpret, transliterate, or relay a conversation between a person who can hear and a person who is hearing impaired or speech impaired is a conduit for the conversation and may not disclose or be compelled to disclose, through reporting or testimony or by subpoena, the contents of the conversation.

  3. Tex. Human Resources Code Sec. 82.003. CRIMINAL PENALTY.

Chapter 91

  1. Tex. Human Resources Code Sec. 91.002. DEFINITIONS. In this chapter:

  2. Tex. Human Resources Code Sec. 91.012. AUTHORITY OF COMMISSIONER.

  3. Tex. Human Resources Code Sec. 91.014. FUNDS.

  4. Tex. Human Resources Code Sec. 91.016. COMPENSATION OF CERTAIN EMPLOYEES.

  5. Tex. Human Resources Code Sec. 91.018. COMPLAINTS.

  6. Tex. Human Resources Code Sec. 91.0205. COMMISSIONER'S POWERS AND DUTIES; EFFECT OF CONFLICT WITH OTHER LAW. To the extent a power or duty given to the commissioner by this chapter, or another law relating to services for the blind or persons with visual disabilities, conflicts with any of the following provisions of the Government Code, the Government Code provision controls:

  7. Tex. Human Resources Code Sec. 91.021. RESPONSIBILITY FOR PERSONS WITH VISUAL DISABILITIES.

  8. Tex. Human Resources Code Sec. 91.0211. SERVICE DELIVERY BY TEXAS WORKFORCE COMMISSION. The Texas Workforce Commission has primary responsibility for providing vocational rehabilitation services and other services and programs under Subtitle C, Title 4, Labor Code, notwithstanding Section 91.021(a) and subject to receipt of any required federal approval to administer those services and programs. A power or duty under this chapter, including rulemaking authority, of the department, the commissioner, or the executive commissioner that is applicable to those services or programs is a power or duty of the Texas Workforce Commission with respect to those services or programs.

  9. Tex. Human Resources Code Sec. 91.023. ASSISTANCE WITH REHABILITATION SERVICES. The department may furnish materials, tools, books, and other necessary apparatus and assistance for use in rehabilitating the blind and persons with visual disabilities.

  10. Tex. Human Resources Code Sec. 91.027. BLINDNESS EDUCATION, SCREENING, AND TREATMENT PROGRAM.

  11. Tex. Human Resources Code Sec. 91.028. SERVICES FOR CHILDREN WITH VISUAL IMPAIRMENTS.

  12. Tex. Human Resources Code Sec. 91.0301. LOANS FOR VISUAL AIDS.

  13. Tex. Human Resources Code Sec. 91.031. CONTRACTS FOR SERVICE.

  14. Tex. Human Resources Code Sec. 91.032. CONTRACTS FOR ASSISTIVE TECHNOLOGY. The department shall include in a contract under this chapter or Subchapter E, Chapter 117, with a supplier of assistive technology equipment provisions that require the supplier to provide training for clients receiving the assistive technology equipment.

  15. Tex. Human Resources Code Sec. 91.081. PURPOSE.

  16. Tex. Human Resources Code Sec. 91.082. ESTABLISHMENT OF CENTRAL MEDIA DEPOSITORY.

  17. Tex. Human Resources Code Sec. 91.083. ANCILLARY SERVICES. The Texas State Library and Archives Commission shall allow the central media depository to be used for the repair of special media and equipment required by individuals who are unable to use ordinary print and for research and demonstration, training, and the production of materials in special media by volunteer organizations.

  18. Tex. Human Resources Code Sec. 91.084. FUNDING. The cost of establishing and operating the central media depository shall be paid with:

Chapter 102

  1. Tex. Human Resources Code Sec. 102.001. DEFINITIONS. In this chapter:

  2. Tex. Human Resources Code Sec. 102.002. PROHIBITION.

  3. Tex. Human Resources Code Sec. 102.003. RIGHTS OF THE ELDERLY.

  4. Tex. Human Resources Code Sec. 102.004. LIST OF RIGHTS.

  5. Tex. Human Resources Code Sec. 102.005. RIGHTS CUMULATIVE. The rights described in this chapter are cumulative of other rights or remedies to which an elderly individual may be entitled under law.

Chapter 103

  1. Tex. Human Resources Code Sec. 103.001. PURPOSE. It is the purpose of this chapter to establish programs of quality day activity and health services that will enable persons with disabilities who have medical or functional impairments and elderly persons to maintain maximum independence and to prevent premature or inappropriate institutionalization. It is the purpose of this chapter to provide adequately regulated supervision for elderly persons and persons with disabilities while enabling them to remain in a family environment and affording the family a measure of normality in its daily activities. The legislature intends to provide for the development of policies and programs that will:

  2. Tex. Human Resources Code Sec. 103.002. SHORT TITLE. This chapter may be cited as the Day Activity and Health Services Act.

  3. Tex. Human Resources Code Sec. 103.003. DEFINITIONS. In this chapter:

  4. Tex. Human Resources Code Sec. 103.004. DEPARTMENT AND EXECUTIVE COMMISSIONER DUTIES.

  5. Tex. Human Resources Code Sec. 103.0041. LICENSE REQUIRED.

  6. Tex. Human Resources Code Sec. 103.005. LICENSING DUTIES. The executive commissioner shall:

  7. Tex. Human Resources Code Sec. 103.006. LICENSE.

  8. Tex. Human Resources Code Sec. 103.007. LICENSE APPLICATION.

  9. Tex. Human Resources Code Sec. 103.0075. EARLY COMPLIANCE REVIEW.

  10. Tex. Human Resources Code Sec. 103.008. INSPECTIONS.

  11. Tex. Human Resources Code Sec. 103.009. LICENSE DENIAL, SUSPENSION, OR REVOCATION.

  12. Tex. Human Resources Code Sec. 103.0091. INJUNCTION.

  13. Tex. Human Resources Code Sec. 103.0092. EMERGENCY SUSPENSION AND CLOSING ORDER.

  14. Tex. Human Resources Code Sec. 103.010. DISPOSITION OF FUNDS.

  15. Tex. Human Resources Code Sec. 103.011. RIGHTS OF THE ELDERLY.

  16. Tex. Human Resources Code Sec. 103.012. ADMINISTRATIVE PENALTY.

  17. Tex. Human Resources Code Sec. 103.013. RIGHT TO CORRECT BEFORE IMPOSITION OF ADMINISTRATIVE PENALTY.

  18. Tex. Human Resources Code Sec. 103.014. REPORT RECOMMENDING ADMINISTRATIVE PENALTY; NOTICE.

  19. Tex. Human Resources Code Sec. 103.015. ADMINISTRATIVE PENALTY HEARING.

  20. Tex. Human Resources Code Sec. 103.016. NOTICE AND PAYMENT OF ADMINISTRATIVE PENALTY; INTEREST; REFUND.

Chapter 105

  1. Tex. Human Resources Code Sec. 105.001. DEFINITIONS. In this chapter:

  2. Tex. Human Resources Code Sec. 105.002. EXEMPT FACILITIES. The following facilities are exempt from the application of this chapter:

  3. Tex. Human Resources Code Sec. 105.003. DISCLOSURE REQUIRED IN CONTRACT. An establishment that is not required to be licensed as an assisted living facility under Chapter 247, Health and Safety Code, shall execute a contract with each of its residents that contains, in addition to other required information, the following elements:

Chapter 111

  1. Tex. Human Resources Code Sec. 111.001. PURPOSE. It is the policy of the State of Texas to provide rehabilitation and related services to eligible individuals with disabilities so that they may prepare for and engage in a gainful occupation or achieve maximum personal independence.

  2. Tex. Human Resources Code Sec. 111.002. DEFINITIONS. In this chapter:

  3. Tex. Human Resources Code Sec. 111.0161. ADVICE OF ADVISORY COMMITTEES.

  4. Tex. Human Resources Code Sec. 111.018. GENERAL DUTIES OF EXECUTIVE COMMISSIONER AND COMMISSIONER RELATING TO REHABILITATION SERVICES FOR CERTAIN INDIVIDUALS WITH DISABILITIES.

  5. Tex. Human Resources Code Sec. 111.019. PLANNING. The commissioner shall make long-range and intermediate plans for the scope and development of the program and make decisions regarding the allocation of resources in carrying out the plans.

  6. Tex. Human Resources Code Sec. 111.0205. WORK INCENTIVES AND SUPPLEMENTAL SECURITY INCOME (SSI). The department shall employ staff at the department's central office to:

  7. Tex. Human Resources Code Sec. 111.021. REPORTS.

  8. Tex. Human Resources Code Sec. 111.022. DISBURSEMENT OF FUNDS. The department shall make certification for disbursement, in accordance with regulations, of funds available for carrying out the purposes of this chapter or Subchapter F, Chapter 117.

  9. Tex. Human Resources Code Sec. 111.023. OTHER DUTIES. The executive commissioner shall take other action as necessary or appropriate to carry out the purposes of this chapter or Subchapter F, Chapter 117.

  10. Tex. Human Resources Code Sec. 111.0505. COMMISSIONER'S POWERS AND DUTIES; EFFECT OF CONFLICT WITH OTHER LAW. To the extent a power or duty given to the commissioner by this chapter, or another law relating to rehabilitation services for individuals with disabilities, conflicts with any of the following provisions of the Government Code, the Government Code provision controls:

  11. Tex. Human Resources Code Sec. 111.051. DEPARTMENT AS PRINCIPAL AUTHORITY. The department is the principal authority in the state on rehabilitation of individuals with disabilities. All other state agencies engaged in rehabilitation activities and related services to individuals with disabilities shall coordinate those activities and services with the department.

  12. Tex. Human Resources Code Sec. 111.0511. SERVICE DELIVERY BY TEXAS WORKFORCE COMMISSION. The Texas Workforce Commission has primary responsibility for providing vocational rehabilitation services and other services and programs under Subtitle C, Title 4, Labor Code, notwithstanding Section 111.051 and subject to receipt of any required federal approval to administer those services and programs. A power or duty under this chapter, including rulemaking authority, of the department, the commissioner, or the executive commissioner that is applicable to those services or programs is a power or duty of the Texas Workforce Commission with respect to those services or programs. All other state agencies engaged in vocational rehabilitation services or related services or programs shall coordinate those activities with the Texas Workforce Commission.

  13. Tex. Human Resources Code Sec. 111.052. GENERAL FUNCTIONS OF DEPARTMENT RELATING TO REHABILITATION SERVICES FOR CERTAIN INDIVIDUALS WITH DISABILITIES.

  14. Tex. Human Resources Code Sec. 111.0525. COORDINATION WITH STATE AGENCIES.

  15. Tex. Human Resources Code Sec. 111.053. COOPERATION WITH THE FEDERAL GOVERNMENT.

  16. Tex. Human Resources Code Sec. 111.054. OBTAINING FEDERAL FUNDS. The department may comply with any requirements necessary to obtain federal funds relating to this chapter or Subchapter F, Chapter 117, in the maximum amount and most advantageous proportion possible.

  17. Tex. Human Resources Code Sec. 111.055. FINANCES.

  18. Tex. Human Resources Code Sec. 111.0553. PROCUREMENT METHODS.

  19. Tex. Human Resources Code Sec. 111.056. GIFTS AND DONATIONS. The department may receive and use gifts and donations for carrying out the purposes of this chapter and Subchapter F, Chapter 117. No person may receive payment for solicitation of any funds.

  20. Tex. Human Resources Code Sec. 111.057. UNLAWFUL USE OF LISTS OF NAMES.

  21. Tex. Human Resources Code Sec. 111.059. SUBROGATION.

  22. Tex. Human Resources Code Sec. 111.060. COMPREHENSIVE REHABILITATION ACCOUNT.

Chapter 112

  1. Tex. Human Resources Code Sec. 112.001. DEFINITIONS. In this chapter:

  2. Tex. Human Resources Code Sec. 112.002. PURPOSE AND LEGISLATIVE FINDINGS.

  3. Tex. Human Resources Code Sec. 112.011. ESTABLISHMENT. The Texas Council for Developmental Disabilities is established.

  4. Tex. Human Resources Code Sec. 112.0111. DEFINITION. In this subchapter, "executive director" means the executive director of the council.

  5. Tex. Human Resources Code Sec. 112.012. MEMBERS. The members of the council shall be appointed by the governor in accordance with applicable federal developmental disability laws. The governor may appoint as many members to the council as is determined appropriate for the council to accomplish its purposes but must appoint, in total membership, an odd number of members to the council. Appointments to the council shall be made without regard to:

  6. Tex. Human Resources Code Sec. 112.013. TERMS.

  7. Tex. Human Resources Code Sec. 112.014. VACANCIES.

  8. Tex. Human Resources Code Sec. 112.015. EXPENSES.

  9. Tex. Human Resources Code Sec. 112.016. OFFICERS.

  10. Tex. Human Resources Code Sec. 112.0161. CONFLICTS OF INTEREST.

  11. Tex. Human Resources Code Sec. 112.0162. REMOVAL OF COUNCIL MEMBER.

  12. Tex. Human Resources Code Sec. 112.0163. COUNCIL MEMBER TRAINING.

  13. Tex. Human Resources Code Sec. 112.017. BYLAWS. The council may adopt bylaws and policies consistent with this chapter and applicable state or federal law.

  14. Tex. Human Resources Code Sec. 112.018. DESIGNATED STATE AGENCY.

  15. Tex. Human Resources Code Sec. 112.019. STATE PLAN FOR DEVELOPMENTAL DISABILITIES.

  16. Tex. Human Resources Code Sec. 112.020. ADDITIONAL COUNCIL POWERS AND DUTIES.

  17. Tex. Human Resources Code Sec. 112.0201. COMPLAINTS.

  18. Tex. Human Resources Code Sec. 112.021. PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS. The protection and advocacy system shall have access to records as required by the provisions of the applicable federal disability laws.

  19. Tex. Human Resources Code Sec. 112.022. EXECUTIVE DIRECTOR.

  20. Tex. Human Resources Code Sec. 112.0221. EQUAL EMPLOYMENT OPPORTUNITY POLICY.

  21. Tex. Human Resources Code Sec. 112.023. SUNSET PROVISION. The Texas Council for Developmental Disabilities is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the council is abolished and this chapter expires September 1, 2027.

  22. Tex. Human Resources Code Sec. 112.041. PURPOSE AND POLICY.

  23. Tex. Human Resources Code Sec. 112.042. DEFINITIONS. In this subchapter:

  24. Tex. Human Resources Code Sec. 112.0431. ADMINISTRATION OF SUBCHAPTER; CERTAIN REFERENCES.

  25. Tex. Human Resources Code Sec. 112.044. DUTIES. The office shall:

  26. Tex. Human Resources Code Sec. 112.048. PREVENTION PROGRAMS FOR TARGETED DEVELOPMENTAL DISABILITIES.

  27. Tex. Human Resources Code Sec. 112.049. EVALUATION.

  28. Tex. Human Resources Code Sec. 112.050. GRANTS AND OTHER FUNDING.

  29. Tex. Human Resources Code Sec. 112.051. REPORTS TO LEGISLATURE. The office shall submit by February 1 of each odd-numbered year biennial reports to the legislature detailing findings of the office and the results of programs under Section 112.048 and recommending improvements in the delivery of developmental disability prevention services.

Chapter 114

  1. Tex. Human Resources Code Sec. 114.002. DEFINITIONS. In this chapter:

  2. Tex. Human Resources Code Sec. 114.0031. ADMINISTRATION OF CHAPTER; CERTAIN REFERENCES.

  3. Tex. Human Resources Code Sec. 114.006. STATE PLAN.

  4. Tex. Human Resources Code Sec. 114.007. DUTIES.

  5. Tex. Human Resources Code Sec. 114.008. REPORT.

  6. Tex. Human Resources Code Sec. 114.009. PROGRAM GUIDELINES. The council shall develop specific program guidelines for:

  7. Tex. Human Resources Code Sec. 114.010. FUNDING REQUESTS FOR PROGRAMS.

  8. Tex. Human Resources Code Sec. 114.011. APPROVAL CRITERIA.

  9. Tex. Human Resources Code Sec. 114.012. FEES FOR SERVICES.

  10. Tex. Human Resources Code Sec. 114.013. COORDINATION OF RESOURCES FOR INDIVIDUALS WITH AUTISM SPECTRUM DISORDERS.

Chapter 115

  1. Tex. Human Resources Code Sec. 115.001. COMMITTEE; MISSION.

  2. Tex. Human Resources Code Sec. 115.002. COMPOSITION.

  3. Tex. Human Resources Code Sec. 115.0021. CONFLICT OF INTEREST. A person may not be a member of the committee or act as the general counsel to the committee if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the committee.

  4. Tex. Human Resources Code Sec. 115.0022. TRAINING FOR COMMITTEE MEMBERS.

  5. Tex. Human Resources Code Sec. 115.0023. GROUNDS FOR REMOVAL.

  6. Tex. Human Resources Code Sec. 115.003. REIMBURSEMENT. Appointed members may not receive compensation for service on the committee but are entitled to actual and necessary expenses incurred in the performance of committee business, including attendance at committee meetings, telephone calls to conduct committee business, and attendance at functions to represent the committee officially. The payment of expenses is limited to available funds.

  7. Tex. Human Resources Code Sec. 115.004. OFFICERS; MEETINGS; QUORUM.

  8. Tex. Human Resources Code Sec. 115.0041. DIVISION OF RESPONSIBILITY. The committee shall develop and implement policies that clearly separate the policymaking responsibilities of the committee and the management responsibilities of the executive director and staff of the committee.

  9. Tex. Human Resources Code Sec. 115.0042. PUBLIC HEARINGS. The committee shall develop and implement policies that provide the public with a reasonable opportunity to appear before the committee and to speak on any issue under the jurisdiction of the committee.

  10. Tex. Human Resources Code Sec. 115.005. SUNSET PROVISION. The Governor's Committee on People with Disabilities is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the committee is abolished and this chapter expires September 1, 2027.

  11. Tex. Human Resources Code Sec. 115.006. STAFF; FUNDING.

  12. Tex. Human Resources Code Sec. 115.0061. STANDARDS OF CONDUCT. The executive director or the executive director's designee shall provide to members of the committee and to committee employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.

  13. Tex. Human Resources Code Sec. 115.007. RULES AND SUBCOMMITTEES.

  14. Tex. Human Resources Code Sec. 115.008. GIFTS, GRANTS, AND DONATIONS. The committee may solicit and accept gifts, grants, and donations to support the committee or carry out the committee's functions.

  15. Tex. Human Resources Code Sec. 115.009. FUNCTIONS. The committee shall:

  16. Tex. Human Resources Code Sec. 115.010. GOVERNMENTAL COOPERATION. The agencies of state and local government shall cooperate with and assist the committee in the performance of its functions.

  17. Tex. Human Resources Code Sec. 115.011. COMPLAINTS.

Chapter 117

  1. Tex. Human Resources Code Sec. 117.001. DEFINITIONS. In this chapter:

  2. Tex. Human Resources Code Sec. 117.003. SUNSET PROVISION. Unless the commission is continued in existence as provided by Chapter 325, Government Code, after the review required by Section 523.0003, Government Code, this chapter expires on the date the commission is abolished under that section.

  3. Tex. Human Resources Code Sec. 117.033. CRIMINAL HISTORY RECORD INFORMATION.

  4. Tex. Human Resources Code Sec. 117.034. CRIMINAL HISTORY RECORD INFORMATION: APPLICANTS FOR EMPLOYMENT. The executive commissioner by rule shall establish criteria for denying a person's application for employment based on criminal history record information obtained pursuant to Section 411.117, Government Code.

  5. Tex. Human Resources Code Sec. 117.071. GENERAL POWERS AND DUTIES OF DEPARTMENT. The department is responsible for administering human services programs to provide early childhood intervention services and rehabilitation and related services to persons who are blind, deaf, or hard of hearing. The department is also responsible for providing and coordinating programs for the rehabilitation of persons with disabilities so that those persons may prepare for and engage in a gainful occupation or achieve maximum personal independence.

  6. Tex. Human Resources Code Sec. 117.0713. SERVICE DELIVERY BY TEXAS WORKFORCE COMMISSION. The Texas Workforce Commission has primary responsibility for providing vocational rehabilitation services and other services and programs under Subtitle C, Title 4, Labor Code, notwithstanding Section 117.071 and subject to receipt of any required federal approval to administer those services and programs. A power or duty under this chapter, including rulemaking authority, of the department, the commissioner, or the executive commissioner that is applicable to those services or programs is a power or duty of the Texas Workforce Commission with respect to those services or programs.

  7. Tex. Human Resources Code Sec. 117.073. RULES. The executive commissioner may adopt rules reasonably necessary for the department to administer this chapter, consistent with the memorandum of understanding under Section 524.0101(a), Government Code, between the commissioner and the executive commissioner, as adopted by rule.

  8. Tex. Human Resources Code Sec. 117.074. RATES FOR MEDICAL SERVICES.

  9. Tex. Human Resources Code Sec. 117.076. INFORMATION REGARDING VELOCARDIOFACIAL SYNDROME.

  10. Tex. Human Resources Code Sec. 117.077. DATA ANALYSIS IN FAMILY COST SHARE PROVISIONS IN EARLY CHILDHOOD INTERVENTION PROGRAM.

  11. Tex. Human Resources Code Sec. 117.078. FAMILY COST SHARE PROVISION IN EARLY CHILDHOOD INTERVENTION PROGRAM.

  12. Tex. Human Resources Code Sec. 117.080. PROVISION OF INDEPENDENT LIVING SERVICES.

  13. Tex. Human Resources Code Sec. 117.081. COMPREHENSIVE REHABILITATION SERVICES PROGRAM. The department shall operate a comprehensive rehabilitation services program to provide comprehensive rehabilitation services to persons with traumatic brain or spinal cord injuries. The executive commissioner shall adopt rules for the program that include:

  14. Tex. Human Resources Code Sec. 117.082. CHILDREN'S AUTISM PROGRAM. The department shall operate a children's autism program to provide services to children with autism spectrum disorders. The executive commissioner shall adopt rules for the program that include:

  15. Tex. Human Resources Code Sec. 117.091. DIRECT SERVICES PROGRAM CASEWORKER GUIDELINES.

  16. Tex. Human Resources Code Sec. 117.092. DIRECT SERVICES PROGRAM CASE REVIEW SYSTEM.

  17. Tex. Human Resources Code Sec. 117.093. DIRECT SERVICES PROGRAM MONITORING.

Chapter 121

  1. Tex. Human Resources Code Sec. 121.001. STATE POLICY. The policy of the state is to encourage and enable persons with disabilities to participate fully in the social and economic life of the state, to achieve maximum personal independence, to become gainfully employed, and to otherwise fully enjoy and use all public facilities available within the state.

  2. Tex. Human Resources Code Sec. 121.0014. VISION STATEMENT.

  3. Tex. Human Resources Code Sec. 121.002. DEFINITIONS. In this chapter:

  4. Tex. Human Resources Code Sec. 121.003. DISCRIMINATION PROHIBITED.

  5. Tex. Human Resources Code Sec. 121.004. PENALTIES FOR AND DAMAGES RESULTING FROM DISCRIMINATION.

  6. Tex. Human Resources Code Sec. 121.0041. PROCEDURES FOR CERTAIN ACTIONS; OPPORTUNITY TO CURE.

  7. Tex. Human Resources Code Sec. 121.005. RESPONSIBILITIES OF PERSONS WITH DISABILITIES.

  8. Tex. Human Resources Code Sec. 121.006. IMPROPER USE OF ASSISTANCE AND SERVICE ANIMALS; OFFENSE.

  9. Tex. Human Resources Code Sec. 121.008. DISSEMINATION OF INFORMATION RELATING TO PERSONS WITH DISABILITIES.

  10. Tex. Human Resources Code Sec. 121.009. CONSTRUCTION OF CHAPTER. The provisions of this chapter must be construed in a manner compatible with other state laws relating to persons with disabilities.

  11. Tex. Human Resources Code Sec. 121.010. TESTING ADULTS WITH DISABILITIES.

  12. Tex. Human Resources Code Sec. 121.011. ACCESSIBILITY OF EXAMINATION OR COURSE OFFERED BY PRIVATE ENTITY.

Chapter 122

  1. Tex. Human Resources Code Sec. 122.001. PURPOSE. The purpose of this chapter is to further the state's policy of encouraging and assisting persons with disabilities to achieve maximum personal independence by engaging in useful and productive employment activities and, in addition, to provide state agencies, departments, and institutions and political subdivisions of the state with a method for achieving conformity with requirements of nondiscrimination and affirmative action in employment matters related to persons with disabilities.

  2. Tex. Human Resources Code Sec. 122.0012. SUNSET PROVISION.

  3. Tex. Human Resources Code Sec. 122.002. DEFINITIONS. In this chapter:

  4. Tex. Human Resources Code Sec. 122.0057. ADVISORY COMMITTEE.

  5. Tex. Human Resources Code Sec. 122.0058. APPLICATION OF OPEN MEETINGS LAW, OPEN RECORDS LAW, AND ADMINISTRATIVE PROCEDURE LAW TO ADVISORY COMMITTEE. The advisory committee established under Section 122.0057 is subject to the requirements of the open meetings law, Chapter 551, Government Code, the open records law, Chapter 552, Government Code, and Chapter 2001, Government Code.

  6. Tex. Human Resources Code Sec. 122.007. FAIR MARKET PRICE; PURCHASING PROCEDURES.

  7. Tex. Human Resources Code Sec. 122.0076. WAGE REQUIREMENTS.

  8. Tex. Human Resources Code Sec. 122.008. PROCUREMENT AT DETERMINED PRICE. A suitable product or service that meets applicable specifications established by the state or its political subdivisions and that is available within the time specified must be procured from a community rehabilitation program at the price determined by the workforce commission to be the fair market price under Section 122.007.

  9. Tex. Human Resources Code Sec. 122.009. RECORDS. The records of the workforce commission and of a central nonprofit agency shall, to the extent that the records pertain specifically to state purchases of the products and services of persons with disabilities, be made available upon request to the inspection of representatives of the state auditor, the governor's budget office, or the Legislative Budget Board. The inspection of the records shall be conducted with due regard to the privacy rights of persons with disabilities. A document that is available for inspection under this subsection is an open record for purposes of Chapter 552, Government Code.

  10. Tex. Human Resources Code Sec. 122.0095. AGENCY COMPLIANCE; NONPROGRAM PURCHASING REPORT.

  11. Tex. Human Resources Code Sec. 122.010. COOPERATION WITH DEPARTMENT OF CRIMINAL JUSTICE. The workforce commission may cooperate with the Texas Department of Criminal Justice to accomplish the purposes of this chapter and to contribute to the economy of state government. The workforce commission and the department may enter into contractual agreements, cooperative working relationships, or other arrangements necessary for effective coordination and the realization of the objectives of both entities.

  12. Tex. Human Resources Code Sec. 122.011. CORRELATION WITH RELATED FEDERAL PROGRAMS. The workforce commission may adopt procedures, practices, and standards used for federal programs similar to the state program established in this chapter.

  13. Tex. Human Resources Code Sec. 122.012. DUTIES OF COMPTROLLER; INTERAGENCY COOPERATION.

  14. Tex. Human Resources Code Sec. 122.013. RULES.

  15. Tex. Human Resources Code Sec. 122.014. PRODUCT SPECIFICATIONS. Except as otherwise provided by this section, a product manufactured for sale through the comptroller to any office, department, institution, or agency of the state under this chapter shall be manufactured or produced according to specifications developed by the comptroller. If the comptroller has not adopted specifications for a particular product, the production shall be based on commercial or federal specifications in current use by industry for the manufacture of the product for sale to the state.

  16. Tex. Human Resources Code Sec. 122.015. DETERMINATIONS OF FAIR MARKET VALUE.

  17. Tex. Human Resources Code Sec. 122.016. EXCEPTIONS.

  18. Tex. Human Resources Code Sec. 122.017. PROCUREMENT FOR POLITICAL SUBDIVISIONS. A product manufactured for sale to a political subdivision of this state or an office or department thereof shall be manufactured or produced according to specifications developed by the purchaser. A political subdivision of this state may purchase products or services for its use from private businesses through its authorized purchasing procedures, but may substitute equivalent products or services produced by persons with disabilities under the provisions of this chapter. Nothing in this chapter shall be construed to require a nonprofit agency for persons with disabilities to engage in competitive bidding.

  19. Tex. Human Resources Code Sec. 122.018. POLITICAL SUBDIVISIONS EXCLUDED. There are excluded from the mandatory application of this chapter the political subdivisions of the state that are not covered by Title V of the federal Rehabilitation Act of 1973, as amended (29 U.S.C. Sections 791 through 794f). This chapter does not prohibit a political subdivision from acting as a willing buyer outside a bid system.

  20. Tex. Human Resources Code Sec. 122.019. CENTRAL NONPROFIT AGENCY.

  21. Tex. Human Resources Code Sec. 122.020. CONSUMER INFORMATION; COMPLAINTS.

  22. Tex. Human Resources Code Sec. 122.0205. ALTERNATIVE DISPUTE RESOLUTION.

  23. Tex. Human Resources Code Sec. 122.0215. ACCESS TO INFORMATION AND RECORDS; INSPECTION.

  24. Tex. Human Resources Code Sec. 122.022. REPORTS.

  25. Tex. Human Resources Code Sec. 122.023. FUNDS. All money paid to the workforce commission under this chapter is subject to Subchapter F, Chapter 404, Government Code.

  26. Tex. Human Resources Code Sec. 122.024. STRATEGIC PLAN; FINAL OPERATING PLAN. The workforce commission shall prepare a strategic plan and a final operating plan relating to the workforce commission's activities under this chapter as required by Subchapter E, Chapter 2054, Government Code.

  27. Tex. Human Resources Code Sec. 122.026. APPLICATION OF OTHER LAW. Chapters 252, 262, and 271, Local Government Code, do not supersede this chapter.

  28. Tex. Human Resources Code Sec. 122.028. PROGRAM PROMOTION. The workforce commission shall establish procedures for the promotion of the program administered under this chapter.

  29. Tex. Human Resources Code Sec. 122.029. DUTIES OF STATE AUDITOR.

  30. Tex. Human Resources Code Sec. 122.030. MANAGEMENT FEE RATE; REVIEW PROCESS.

Chapter 123

  1. Tex. Human Resources Code Sec. 123.001. SHORT TITLE. This chapter may be cited as the Community Homes for Persons With Disabilities Act.

  2. Tex. Human Resources Code Sec. 123.002. DEFINITION. In this chapter, "person with a disability" means a person whose ability to care for himself or herself, perform manual tasks, learn, work, walk, see, hear, speak, or breathe is substantially limited because the person has:

  3. Tex. Human Resources Code Sec. 123.003. ZONING AND RESTRICTION DISCRIMINATION AGAINST COMMUNITY HOMES PROHIBITED.

  4. Tex. Human Resources Code Sec. 123.004. QUALIFICATION AS COMMUNITY HOME. To qualify as a community home, an entity must comply with Sections 123.005 through 123.008 and be:

  5. Tex. Human Resources Code Sec. 123.005. REQUIRED SERVICES. A community home shall provide the following services to persons with disabilities who reside in the home:

  6. Tex. Human Resources Code Sec. 123.006. LIMITATION ON NUMBER OF RESIDENTS.

  7. Tex. Human Resources Code Sec. 123.007. LICENSING REQUIREMENTS. A community home must meet all applicable licensing requirements.

  8. Tex. Human Resources Code Sec. 123.008. LOCATION REQUIREMENT. A community home may not be established within one-half mile of an existing community home.

  9. Tex. Human Resources Code Sec. 123.009. LIMITATION ON NUMBER OF MOTOR VEHICLES. Except as otherwise provided by municipal ordinance, the residents of a community home may not keep for the use of the residents of the home, either on the premises of the home or on a public right-of-way adjacent to the home, motor vehicles in numbers that exceed the number of bedrooms in the home.

  10. Tex. Human Resources Code Sec. 123.010. ENSURING SAFETY OF RESIDENTS. The Department of Aging and Disability Services shall make every reasonable effort to ensure the safety of residents of a community home operated by or under the regulatory jurisdiction of the department and the residents of a neighborhood that is affected by the location of the community home.

Chapter 132

  1. Tex. Human Resources Code Sec. 132.001. GOVERNOR'S AGENDA.

  2. Tex. Human Resources Code Sec. 132.002. EXPANSION OF CLIENT ELIGIBILITY SCREENING AND DETERMINATION.

  3. Tex. Human Resources Code Sec. 132.003. LOCATION OF OFFICES AND FACILITIES.

Chapter 136

  1. Tex. Human Resources Code Sec. 136.001. PURPOSE. The legislature finds that:

  2. Tex. Human Resources Code Sec. 136.002. DEFINITIONS. In this chapter:

  3. Tex. Human Resources Code Sec. 136.003. GIFTS AND GRANTS. The commission may accept gifts and grants for the use and benefit of the program.

  4. Tex. Human Resources Code Sec. 136.004. DEVELOPMENT CORPORATION. The commission shall contract with and award money to a development corporation to carry out the purposes of this chapter.

  5. Tex. Human Resources Code Sec. 136.005. INVESTMENT COMMITTEE.

  6. Tex. Human Resources Code Sec. 136.006. LOANS TO COMMUNITY HEALTH CENTERS.

  7. Tex. Human Resources Code Sec. 136.007. SELF-FUNDING. The commission shall develop the program as a revolving loan program that will become self-funding over the life of the program.

  8. Tex. Human Resources Code Sec. 136.008. INCOME FROM LOAN. All income received on a loan made with money received under the program is the property of the development corporation. Income received on a loan includes the payment of interest by a borrower and the administrative fees assessed by the development corporation.

  9. Tex. Human Resources Code Sec. 136.009. RULES.

Chapter 137

  1. Tex. Human Resources Code Sec. 137.001. APPLICABILITY OF DEFINITIONS. The definitions in Chapter 101, Family Code, apply to terms used in this chapter.

  2. Tex. Human Resources Code Sec. 137.002. DEFINITIONS. In this chapter:

  3. Tex. Human Resources Code Sec. 137.003. FAMILY SUPPORT SERVICES.

  4. Tex. Human Resources Code Sec. 137.004. COORDINATION OF PROGRAMS. In order to implement the duties provided in Section 137.003, the commission shall identify and coordinate with other programs the commission operates with the goal of providing family support services.

  5. Tex. Human Resources Code Sec. 137.005. STRATEGIC PLAN.

  6. Tex. Human Resources Code Sec. 137.051. DEFINITIONS. In this subchapter:

  7. Tex. Human Resources Code Sec. 137.052. CHILD ABUSE AND NEGLECT PREVENTION PROGRAMS.

  8. Tex. Human Resources Code Sec. 137.053. ADMINISTRATIVE AND OTHER COSTS.

  9. Tex. Human Resources Code Sec. 137.054. CHILD ABUSE AND NEGLECT PREVENTION TRUST FUND ACCOUNT.

  10. Tex. Human Resources Code Sec. 137.055. COMMISSION OPERATING FUND ACCOUNT.

  11. Tex. Human Resources Code Sec. 137.056. COMMUNITY YOUTH DEVELOPMENT GRANTS.

  12. Tex. Human Resources Code Sec. 137.057. OUTCOMES OF FAMILY SUPPORT SERVICES PROGRAMS AND PRACTICES. The commission shall ensure that a family support services program or practice provided under this subchapter achieves favorable behavioral outcomes in at least two of the following areas:

  13. Tex. Human Resources Code Sec. 137.058. EVALUATION OF FAMILY SUPPORT SERVICES PROGRAMS AND PRACTICES.

  14. Tex. Human Resources Code Sec. 137.059. REPORTS TO LEGISLATURE.

  15. Tex. Human Resources Code Sec. 137.060. RULES. The executive commissioner may adopt rules as necessary to implement this subchapter.

  16. Tex. Human Resources Code Sec. 137.101. DEFINITIONS. In this subchapter:

  17. Tex. Human Resources Code Sec. 137.102. OPERATION OF NURSE-FAMILY PARTNERSHIP COMPETITIVE GRANT PROGRAM.

  18. Tex. Human Resources Code Sec. 137.103. PARTNERSHIP PROGRAM REQUIREMENTS. A partnership program funded through a grant awarded under this subchapter must:

  19. Tex. Human Resources Code Sec. 137.104. APPLICATION.

  20. Tex. Human Resources Code Sec. 137.105. PARTNERSHIP PROGRAM STANDARDS. The executive commissioner shall adopt standards for the partnership programs funded under this subchapter. The standards must be consistent with the Nurse-Family Partnership National Service Office program model standards and guidelines that were developed in multiple, randomized clinical trials and have been tested and replicated in multiple communities.

  21. Tex. Human Resources Code Sec. 137.106. USE OF AWARDED GRANT FUNDS. The grant funds awarded under this subchapter may be used only to cover costs related to implementing or expanding and operating a partnership program, including costs related to:

  22. Tex. Human Resources Code Sec. 137.107. PROGRAM MONITORING AND EVALUATION; ANNUAL COMMITTEE REPORTS.

  23. Tex. Human Resources Code Sec. 137.108. COMPETITIVE GRANT PROGRAM FUNDING.

  24. Tex. Human Resources Code Sec. 137.151. SERVICES FOR AT-RISK YOUTH.

  25. Tex. Human Resources Code Sec. 137.152. EARLY YOUTH INTERVENTION SERVICES.

  26. Tex. Human Resources Code Sec. 137.201. DEFINITIONS. In this subchapter, "veteran" means a person who has served in:

  27. Tex. Human Resources Code Sec. 137.202. VETERANS AND MILITARY FAMILIES PREVENTIVE SERVICES PROGRAM.

  28. Tex. Human Resources Code Sec. 137.251. DEFINITIONS. In this subchapter:

  29. Tex. Human Resources Code Sec. 137.252. IMPLEMENTATION OF TEXAS HOME VISITING PROGRAM.

  30. Tex. Human Resources Code Sec. 137.253. TYPES OF HOME VISITING PROGRAMS.

  31. Tex. Human Resources Code Sec. 137.254. FUNDING.

  32. Tex. Human Resources Code Sec. 137.255. OUTCOMES. The commission shall ensure that a home visiting program achieves favorable outcomes in at least two of the following areas:

  33. Tex. Human Resources Code Sec. 137.256. EVALUATION OF HOME VISITING PROGRAM.

  34. Tex. Human Resources Code Sec. 137.257. REPORTS TO LEGISLATURE.

  35. Tex. Human Resources Code Sec. 137.258. RULES. The executive commissioner may adopt rules as necessary to implement this subchapter.

Chapter 142

  1. Tex. Human Resources Code Sec. 142.001. DEFINITION. In this chapter, "juvenile probation services" means:

  2. Tex. Human Resources Code Sec. 142.002. APPOINTMENT OF PERSONNEL AND SALARY.

  3. Tex. Human Resources Code Sec. 142.003. AUTHORITY TO CONTRACT FOR JUVENILE PROBATION SERVICES.

  4. Tex. Human Resources Code Sec. 142.004. JUVENILE PROBATION PERSONNEL.

  5. Tex. Human Resources Code Sec. 142.005. ADMINISTRATION OF MEDICATION; IMMUNITY FROM LIABILITY.

  6. Tex. Human Resources Code Sec. 142.006. AUTHORIZATION TO CARRY FIREARM.

  7. Tex. Human Resources Code Sec. 142.007. POST-DISCHARGE SERVICES.

Chapter 150

  1. Tex. Human Resources Code Sec. 150.001. AUTHORITY OF HOME-RULE MUNICIPALITY TO PROVIDE FACILITIES FOR ORGANIZATIONS SERVING THE INDIGENT.

  2. Tex. Human Resources Code Sec. 150.002. AUTHORITY OF HOME-RULE MUNICIPALITY TO PROVIDE SERVICES TO THE INDIGENT. A home-rule municipality may provide human services to the indigent. If the services are provided by contract, the amount of the contract may not exceed 50 percent of the annual budget of the organization that provides the services under the contract.

Chapter 152

  1. Tex. Human Resources Code Sec. 152.0001. APPLICATION OF SUBCHAPTER.

  2. Tex. Human Resources Code Sec. 152.00011. DEFINITION. In this chapter, "post-adjudication secure correctional facility" means a facility operated by or under contract with a juvenile board or local juvenile probation department under Section 152.0016.

  3. Tex. Human Resources Code Sec. 152.0002. BOARD MEETINGS. The juvenile board shall hold regular quarterly meetings on dates set by the board and special meetings at the call of the chairman.

  4. Tex. Human Resources Code Sec. 152.0003. COMPENSATION. The compensation authorized under this chapter for a judge serving on a juvenile board is in addition to all other compensation provided or allowed by law for a judge. Notwithstanding any other law, the combined salary from all state and local sources of a district judge serving on a juvenile board may not exceed an amount that is $5,000 less than the salary provided by the state for a justice of a court of appeals other than the chief justice.

  5. Tex. Human Resources Code Sec. 152.0004. GENERAL EXPENSES. The commissioners court shall pay the salaries of juvenile probation personnel and other expenses certified as necessary by the juvenile board chairman from the general funds of the county.

  6. Tex. Human Resources Code Sec. 152.0005. EXPENSES OF BOARD MEMBERS AND JUVENILE COURT.

  7. Tex. Human Resources Code Sec. 152.0006. FISCAL OFFICER. The juvenile board shall designate a person as the board's fiscal officer.

  8. Tex. Human Resources Code Sec. 152.0007. DUTIES.

  9. Tex. Human Resources Code Sec. 152.0008. PERSONNEL.

  10. Tex. Human Resources Code Sec. 152.0009. TRANSPORTATION.

  11. Tex. Human Resources Code Sec. 152.0010. ADVISORY COUNCIL.

  12. Tex. Human Resources Code Sec. 152.0011. LOCAL YOUTH BOOT CAMPS; CONTRACTS WITH PRIVATE VENDORS.

  13. Tex. Human Resources Code Sec. 152.0012. BUDGET. The juvenile board shall prepare a budget for the juvenile probation department and the other facilities and programs under the jurisdiction of the juvenile board. The commissioners court shall review and consider only the amount of county funds derived from county taxes, fees, and other county sources in the budget. The commissioners court may not review any part of the budget derived from state funds.

  14. Tex. Human Resources Code Sec. 152.0013. IMMUNITY FROM LIABILITY.

  15. Tex. Human Resources Code Sec. 152.0014. INDEMNIFICATION BY STATE. The state shall indemnify a juvenile board member in the same manner and under the same conditions that it indemnifies an officer of a state agency under Chapter 104, Civil Practice and Remedies Code.

  16. Tex. Human Resources Code Sec. 152.00145. DIVERSION AND DETENTION POLICY FOR CERTAIN JUVENILES.

  17. Tex. Human Resources Code Sec. 152.0015. PRETRIAL DETENTION POLICY FOR CERTAIN JUVENILES. A juvenile board shall establish a policy that specifies whether a person who has been transferred for criminal prosecution under Section 54.02, Family Code, and is younger than 17 years of age may be detained in a juvenile facility pending trial as provided by Section 51.12, Family Code.

  18. Tex. Human Resources Code Sec. 152.00161. TERMINATION OF CONTROL.

  19. Tex. Human Resources Code Sec. 152.00162. DETERMINATE SENTENCE PAROLE.

  20. Tex. Human Resources Code Sec. 152.00163. CHILD WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY.

  21. Tex. Human Resources Code Sec. 152.00164. EXAMINATION BEFORE DISCHARGE.

  22. Tex. Human Resources Code Sec. 152.00165. TRANSFER OF CERTAIN CHILDREN SERVING DETERMINATE SENTENCES FOR MENTAL HEALTH SERVICES.

  23. Tex. Human Resources Code Sec. 152.0017. TRAFFICKED PERSONS PROGRAM.

  24. Tex. Human Resources Code Sec. 152.0031. APPLICATION OF SUBCHAPTER. Except as otherwise provided by this chapter, this subchapter does not apply to a county that is served by a juvenile board created under Subchapter C or D.

  25. Tex. Human Resources Code Sec. 152.0032. COMPOSITION OF JUVENILE BOARD.

  26. Tex. Human Resources Code Sec. 152.0033. CHAIRMAN. The juvenile board shall select one of its members to act as chairman.

  27. Tex. Human Resources Code Sec. 152.0034. COMPENSATION OF BOARD MEMBERS.

  28. Tex. Human Resources Code Sec. 152.0035. EXPENSES OF BOARD MEMBERS. The county shall reimburse a juvenile board member for the member's actual and necessary expenses incurred in performing official duties on the board.

  29. Tex. Human Resources Code Sec. 152.0036. JOINT OPERATION.

  30. Tex. Human Resources Code Sec. 152.0037. FUNDS.

  31. Tex. Human Resources Code Sec. 152.0038. SALARIES AND EXPENSES.

  32. Tex. Human Resources Code Sec. 152.0039. TRANSPORTATION. The juvenile board shall provide the juvenile probation officers with transportation or an automobile allowance for use of a personal automobile on official business.

  33. Tex. Human Resources Code Sec. 152.0040. APPLICATION OF GENERAL JUVENILE BOARD PROVISIONS. Sections 152.0002, 152.0004, 152.0005, and 152.0009 do not apply to a juvenile board operating under this subchapter.

  34. Tex. Human Resources Code Sec. 152.0051. COMPOSITION OF JUVENILE BOARD. The juvenile board of a county that has a family district court is composed of:

  35. Tex. Human Resources Code Sec. 152.0052. CHAIRMAN. The members of the juvenile board shall select a family district court judge to serve as chairman of the board unless the county has only one family district court judge.

  36. Tex. Human Resources Code Sec. 152.0053. COMPENSATION. The commissioners court may compensate each juvenile board member for the member's duties performed on the juvenile board.

  37. Tex. Human Resources Code Sec. 152.0054. PROVISION OF PHYSICAL FACILITIES. The commissioners court shall provide the physical facilities necessary to operate the juvenile board on the board's recommendation.

  38. Tex. Human Resources Code Sec. 152.0055. EFFECT ON CERTAIN JUVENILE BOARDS. This subchapter does not affect the composition or organization of a juvenile board existing on September 1, 1977.

  39. Tex. Human Resources Code Sec. 152.0071. ANDERSON COUNTY.

  40. Tex. Human Resources Code Sec. 152.0081. ANDREWS COUNTY.

  41. Tex. Human Resources Code Sec. 152.0091. ANGELINA COUNTY.

  42. Tex. Human Resources Code Sec. 152.0101. ARANSAS COUNTY.

  43. Tex. Human Resources Code Sec. 152.0131. ATASCOSA COUNTY.

  44. Tex. Human Resources Code Sec. 152.0141. AUSTIN COUNTY.

  45. Tex. Human Resources Code Sec. 152.0151. BAILEY COUNTY.

  46. Tex. Human Resources Code Sec. 152.0161. BANDERA COUNTY.

  47. Tex. Human Resources Code Sec. 152.0181. BAYLOR COUNTY.

  48. Tex. Human Resources Code Sec. 152.0191. BEE COUNTY.

  49. Tex. Human Resources Code Sec. 152.0201. BELL COUNTY.

  50. Tex. Human Resources Code Sec. 152.0211. BEXAR COUNTY.

  51. Tex. Human Resources Code Sec. 152.0212. BEXAR COUNTY INSTITUTIONS.

  52. Tex. Human Resources Code Sec. 152.0213. COLLECTION AND DISBURSEMENT OF SUPPORT PAYMENTS IN BEXAR COUNTY.

  53. Tex. Human Resources Code Sec. 152.0221. BLANCO COUNTY.

  54. Tex. Human Resources Code Sec. 152.0231. BORDEN COUNTY.

  55. Tex. Human Resources Code Sec. 152.0241. BOSQUE COUNTY.

  56. Tex. Human Resources Code Sec. 152.0251. BOWIE COUNTY.

  57. Tex. Human Resources Code Sec. 152.0261. BRAZORIA COUNTY.

  58. Tex. Human Resources Code Sec. 152.0262. COMPENSATION OF JUVENILE JUDGE IN BRAZORIA COUNTY.

  59. Tex. Human Resources Code Sec. 152.0263. BRAZORIA COUNTY CHILD SUPPORT OFFICE.

  60. Tex. Human Resources Code Sec. 152.0264. BRAZORIA COUNTY CHILD SUPPORT SERVICE FEE.

  61. Tex. Human Resources Code Sec. 152.0271. BRAZOS COUNTY.

  62. Tex. Human Resources Code Sec. 152.0281. BREWSTER COUNTY.

  63. Tex. Human Resources Code Sec. 152.0291. BRISCOE COUNTY.

  64. Tex. Human Resources Code Sec. 152.0301. BROOKS COUNTY.

  65. Tex. Human Resources Code Sec. 152.0331. BURNET COUNTY.

  66. Tex. Human Resources Code Sec. 152.0341. CALDWELL COUNTY.

  67. Tex. Human Resources Code Sec. 152.0351. CALHOUN COUNTY.

  68. Tex. Human Resources Code Sec. 152.0371. CAMERON COUNTY.

  69. Tex. Human Resources Code Sec. 152.0372. CAMERON COUNTY INSTITUTIONS.

  70. Tex. Human Resources Code Sec. 152.0373. COLLECTION AND DISBURSEMENT OF SUPPORT PAYMENTS IN CAMERON COUNTY.

  71. Tex. Human Resources Code Sec. 152.0381. CAMP COUNTY.

  72. Tex. Human Resources Code Sec. 152.0391. CARSON COUNTY.

  73. Tex. Human Resources Code Sec. 152.0401. CASS COUNTY.

  74. Tex. Human Resources Code Sec. 152.0411. CASTRO COUNTY.

  75. Tex. Human Resources Code Sec. 152.0421. CHAMBERS COUNTY.

  76. Tex. Human Resources Code Sec. 152.0431. CHEROKEE COUNTY.

  77. Tex. Human Resources Code Sec. 152.0441. CHILDRESS COUNTY.

  78. Tex. Human Resources Code Sec. 152.0461. COCHRAN COUNTY.

  79. Tex. Human Resources Code Sec. 152.0471. COKE COUNTY.

  80. Tex. Human Resources Code Sec. 152.0481. COLEMAN COUNTY.

  81. Tex. Human Resources Code Sec. 152.0491. COLLIN COUNTY.

  82. Tex. Human Resources Code Sec. 152.0501. COLLINGSWORTH COUNTY.

  83. Tex. Human Resources Code Sec. 152.0511. COLORADO COUNTY.

  84. Tex. Human Resources Code Sec. 152.0521. COMAL COUNTY.

  85. Tex. Human Resources Code Sec. 152.0531. COMANCHE COUNTY.

  86. Tex. Human Resources Code Sec. 152.0541. CONCHO COUNTY.

  87. Tex. Human Resources Code Sec. 152.0551. COOKE COUNTY.

  88. Tex. Human Resources Code Sec. 152.0561. CORYELL COUNTY.

  89. Tex. Human Resources Code Sec. 152.0571. COTTLE COUNTY.

  90. Tex. Human Resources Code Sec. 152.0581. CRANE COUNTY.

  91. Tex. Human Resources Code Sec. 152.0591. CROCKETT COUNTY.

  92. Tex. Human Resources Code Sec. 152.0601. CROSBY COUNTY.

  93. Tex. Human Resources Code Sec. 152.0611. CULBERSON COUNTY.

  94. Tex. Human Resources Code Sec. 152.0621. DALLAM COUNTY.

  95. Tex. Human Resources Code Sec. 152.0631. DALLAS COUNTY.

  96. Tex. Human Resources Code Sec. 152.0632. DALLAS COUNTY DIRECTOR OF JUVENILE SERVICES AND JUVENILE PROBATION DEPARTMENT.

  97. Tex. Human Resources Code Sec. 152.0633. DALLAS COUNTY DISTRICT AND COUNTY COURTS ADMINISTRATOR AND COURT SERVICES DEPARTMENT.

  98. Tex. Human Resources Code Sec. 152.06331. DALLAS COUNTY DOMESTIC RELATIONS OFFICE.

  99. Tex. Human Resources Code Sec. 152.06332. DALLAS COUNTY CRIMINAL DISTRICT COURTS ADMINISTRATOR.

  100. Tex. Human Resources Code Sec. 152.0636. CERTIFICATE OF INDEBTEDNESS FOR FACILITIES.

  101. Tex. Human Resources Code Sec. 152.0641. DAWSON COUNTY.

  102. Tex. Human Resources Code Sec. 152.0651. DEAF SMITH COUNTY.

  103. Tex. Human Resources Code Sec. 152.0671. DENTON COUNTY.

  104. Tex. Human Resources Code Sec. 152.0681. DE WITT COUNTY.

  105. Tex. Human Resources Code Sec. 152.0691. DICKENS COUNTY.

  106. Tex. Human Resources Code Sec. 152.0711. DONLEY COUNTY.

  107. Tex. Human Resources Code Sec. 152.0721. DUVAL COUNTY.

  108. Tex. Human Resources Code Sec. 152.0731. EASTLAND COUNTY.

  109. Tex. Human Resources Code Sec. 152.0741. ECTOR COUNTY.

  110. Tex. Human Resources Code Sec. 152.0742. COMPENSATION OF JUVENILE COURT JUDGE.

  111. Tex. Human Resources Code Sec. 152.0751. EDWARDS COUNTY.

  112. Tex. Human Resources Code Sec. 152.0761. ELLIS COUNTY.

  113. Tex. Human Resources Code Sec. 152.0771. EL PASO COUNTY.

  114. Tex. Human Resources Code Sec. 152.0772. EL PASO COUNTY INSTITUTIONS.

  115. Tex. Human Resources Code Sec. 152.0773. COLLECTION AND DISBURSEMENT OF SUPPORT PAYMENTS IN EL PASO COUNTY.

  116. Tex. Human Resources Code Sec. 152.0791. FALLS COUNTY.

  117. Tex. Human Resources Code Sec. 152.0801. FANNIN COUNTY. The Fannin County Juvenile Board is governed by Subchapter B.

  118. Tex. Human Resources Code Sec. 152.0811. FAYETTE COUNTY.

  119. Tex. Human Resources Code Sec. 152.0821. FISHER COUNTY.

  120. Tex. Human Resources Code Sec. 152.0831. FLOYD COUNTY.

  121. Tex. Human Resources Code Sec. 152.0841. FOARD COUNTY.

  122. Tex. Human Resources Code Sec. 152.0851. FORT BEND COUNTY.

  123. Tex. Human Resources Code Sec. 152.0852. FORT BEND COUNTY CHILD SUPPORT OFFICE.

  124. Tex. Human Resources Code Sec. 152.0853. FORT BEND COUNTY CHILD SUPPORT SERVICE FEE.

  125. Tex. Human Resources Code Sec. 152.0881. FRIO COUNTY.

  126. Tex. Human Resources Code Sec. 152.0901. GALVESTON COUNTY.

  127. Tex. Human Resources Code Sec. 152.0902. GALVESTON COUNTY INSTITUTIONS.

  128. Tex. Human Resources Code Sec. 152.0903. COLLECTION AND DISBURSEMENT OF SUPPORT PAYMENTS IN GALVESTON COUNTY.

  129. Tex. Human Resources Code Sec. 152.0911. GARZA COUNTY.

  130. Tex. Human Resources Code Sec. 152.0921. GILLESPIE COUNTY.

  131. Tex. Human Resources Code Sec. 152.0931. GLASSCOCK COUNTY.

  132. Tex. Human Resources Code Sec. 152.0941. GOLIAD COUNTY.

  133. Tex. Human Resources Code Sec. 152.0951. GONZALES COUNTY.

  134. Tex. Human Resources Code Sec. 152.0961. GRAY COUNTY.

  135. Tex. Human Resources Code Sec. 152.0971. GRAYSON COUNTY.

  136. Tex. Human Resources Code Sec. 152.0981. GREGG COUNTY.

  137. Tex. Human Resources Code Sec. 152.0991. GRIMES COUNTY.

  138. Tex. Human Resources Code Sec. 152.1001. GUADALUPE COUNTY.

  139. Tex. Human Resources Code Sec. 152.1011. HALE COUNTY.

  140. Tex. Human Resources Code Sec. 152.1021. HALL COUNTY.

  141. Tex. Human Resources Code Sec. 152.1031. HAMILTON COUNTY.

  142. Tex. Human Resources Code Sec. 152.1041. HANSFORD COUNTY.

  143. Tex. Human Resources Code Sec. 152.1051. HARDEMAN COUNTY.

  144. Tex. Human Resources Code Sec. 152.1061. HARDIN COUNTY.

  145. Tex. Human Resources Code Sec. 152.1071. HARRIS COUNTY.

  146. Tex. Human Resources Code Sec. 152.1072. HARRIS COUNTY JUVENILE PROBATION DEPARTMENT.

  147. Tex. Human Resources Code Sec. 152.1073. HARRIS COUNTY BOARD OF RESOURCES FOR CHILDREN AND ADULTS.

  148. Tex. Human Resources Code Sec. 152.1074. HARRIS COUNTY CHILD SUPPORT DEPARTMENT.

  149. Tex. Human Resources Code Sec. 152.1076. CERTIFICATE OF INDEBTEDNESS FOR FACILITIES.

  150. Tex. Human Resources Code Sec. 152.1081. HARRISON COUNTY.

  151. Tex. Human Resources Code Sec. 152.1091. HARTLEY COUNTY.

  152. Tex. Human Resources Code Sec. 152.1101. HASKELL COUNTY.

  153. Tex. Human Resources Code Sec. 152.1111. HAYS COUNTY.

  154. Tex. Human Resources Code Sec. 152.1121. HEMPHILL COUNTY.

  155. Tex. Human Resources Code Sec. 152.1131. HENDERSON COUNTY.

  156. Tex. Human Resources Code Sec. 152.1141. HIDALGO COUNTY.

  157. Tex. Human Resources Code Sec. 152.1142. HIDALGO COUNTY COURT CONFERENCE COMMITTEE.

  158. Tex. Human Resources Code Sec. 152.1151. HILL COUNTY.

  159. Tex. Human Resources Code Sec. 152.1161. HOCKLEY COUNTY.

  160. Tex. Human Resources Code Sec. 152.1182. COMPENSATION OF JUVENILE COURT JUDGE.

  161. Tex. Human Resources Code Sec. 152.1191. HOUSTON COUNTY.

  162. Tex. Human Resources Code Sec. 152.1201. HOWARD COUNTY.

  163. Tex. Human Resources Code Sec. 152.1211. HUDSPETH COUNTY.

  164. Tex. Human Resources Code Sec. 152.1221. HUNT COUNTY.

  165. Tex. Human Resources Code Sec. 152.1231. HUTCHINSON COUNTY.

  166. Tex. Human Resources Code Sec. 152.1241. IRION COUNTY.

  167. Tex. Human Resources Code Sec. 152.1251. JACK COUNTY.

  168. Tex. Human Resources Code Sec. 152.1261. JACKSON COUNTY.

  169. Tex. Human Resources Code Sec. 152.1271. JASPER COUNTY.

  170. Tex. Human Resources Code Sec. 152.1281. JEFF DAVIS COUNTY.

  171. Tex. Human Resources Code Sec. 152.1291. JEFFERSON COUNTY.

  172. Tex. Human Resources Code Sec. 152.1292. JEFFERSON COUNTY INSTITUTIONS.

  173. Tex. Human Resources Code Sec. 152.1293. COLLECTION AND DISBURSEMENT OF SUPPORT PAYMENTS IN JEFFERSON COUNTY.

  174. Tex. Human Resources Code Sec. 152.1301. JIM HOGG COUNTY.

  175. Tex. Human Resources Code Sec. 152.1321. JOHNSON COUNTY.

  176. Tex. Human Resources Code Sec. 152.1331. JONES COUNTY.

  177. Tex. Human Resources Code Sec. 152.1341. KARNES COUNTY.

  178. Tex. Human Resources Code Sec. 152.1351. KAUFMAN COUNTY.

  179. Tex. Human Resources Code Sec. 152.1361. KENDALL COUNTY.

  180. Tex. Human Resources Code Sec. 152.1371. KENEDY COUNTY.

  181. Tex. Human Resources Code Sec. 152.1381. KENT COUNTY.

  182. Tex. Human Resources Code Sec. 152.1391. KERR COUNTY.

  183. Tex. Human Resources Code Sec. 152.1401. KIMBLE COUNTY.

  184. Tex. Human Resources Code Sec. 152.1411. KING COUNTY.

  185. Tex. Human Resources Code Sec. 152.1421. KINNEY COUNTY.

  186. Tex. Human Resources Code Sec. 152.1431. KLEBERG COUNTY.

  187. Tex. Human Resources Code Sec. 152.1441. KNOX COUNTY.

  188. Tex. Human Resources Code Sec. 152.1451. LAMAR COUNTY.

  189. Tex. Human Resources Code Sec. 152.1461. LAMB COUNTY.

  190. Tex. Human Resources Code Sec. 152.1471. LAMPASAS COUNTY.

  191. Tex. Human Resources Code Sec. 152.1481. LA SALLE COUNTY.

  192. Tex. Human Resources Code Sec. 152.1491. LAVACA COUNTY.

  193. Tex. Human Resources Code Sec. 152.1511. LEON COUNTY.

  194. Tex. Human Resources Code Sec. 152.1521. LIBERTY COUNTY.

  195. Tex. Human Resources Code Sec. 152.1541. LIPSCOMB COUNTY.

  196. Tex. Human Resources Code Sec. 152.1551. LIVE OAK COUNTY.

  197. Tex. Human Resources Code Sec. 152.1561. LLANO COUNTY.

  198. Tex. Human Resources Code Sec. 152.1581. LUBBOCK COUNTY.

  199. Tex. Human Resources Code Sec. 152.1582. LUBBOCK COUNTY INSTITUTIONS.

  200. Tex. Human Resources Code Sec. 152.1583. COLLECTION AND DISBURSEMENT OF SUPPORT PAYMENTS IN LUBBOCK COUNTY.

  201. Tex. Human Resources Code Sec. 152.1591. LYNN COUNTY.

  202. Tex. Human Resources Code Sec. 152.1601. MCCULLOCH COUNTY.

  203. Tex. Human Resources Code Sec. 152.1611. MCLENNAN COUNTY.

  204. Tex. Human Resources Code Sec. 152.1612. COMPENSATION OF COUNTY, DISTRICT, AND COUNTY COURT AT LAW JUDGES.

  205. Tex. Human Resources Code Sec. 152.1613. MCLENNAN COUNTY JUVENILE BOARD LOCAL ENRICHMENT PROGRAM. The McLennan County Juvenile Board may establish and administer a local enrichment of juvenile services program consistent with policies adopted by the juvenile board.

  206. Tex. Human Resources Code Sec. 152.1614. GIFT, GRANT, OR DONATION TO MCLENNAN COUNTY JUVENILE BOARD.

  207. Tex. Human Resources Code Sec. 152.1621. MCMULLEN COUNTY.

  208. Tex. Human Resources Code Sec. 152.1631. MADISON COUNTY.

  209. Tex. Human Resources Code Sec. 152.1641. MARION COUNTY.

  210. Tex. Human Resources Code Sec. 152.1642. MARION COUNTY.

  211. Tex. Human Resources Code Sec. 152.1651. MARTIN COUNTY.

  212. Tex. Human Resources Code Sec. 152.1661. MASON COUNTY.

  213. Tex. Human Resources Code Sec. 152.1671. MATAGORDA COUNTY.

  214. Tex. Human Resources Code Sec. 152.1672. COMPENSATION OF JUVENILE JUDGE IN MATAGORDA COUNTY.

  215. Tex. Human Resources Code Sec. 152.1673. MATAGORDA COUNTY CHILD SUPPORT OFFICE.

  216. Tex. Human Resources Code Sec. 152.1674. MATAGORDA COUNTY CHILD SUPPORT SERVICE FEE.

  217. Tex. Human Resources Code Sec. 152.1691. MEDINA COUNTY.

  218. Tex. Human Resources Code Sec. 152.1701. MENARD COUNTY.

  219. Tex. Human Resources Code Sec. 152.1711. MIDLAND COUNTY.

  220. Tex. Human Resources Code Sec. 152.1721. MILAM COUNTY.

  221. Tex. Human Resources Code Sec. 152.1741. MITCHELL COUNTY.

  222. Tex. Human Resources Code Sec. 152.1752. MONTAGUE COUNTY CHILD SUPPORT DIVISION.

  223. Tex. Human Resources Code Sec. 152.1753. MONTAGUE COUNTY PROBATION DEPARTMENT LEGAL OFFICER. The county attorney of Montague County is the legal officer for the Montague County Probation Department. If the county attorney fails, refuses, or declines to perform the duties, the probation board may appoint another suitable attorney as the legal officer.

  224. Tex. Human Resources Code Sec. 152.1761. MONTGOMERY COUNTY.

  225. Tex. Human Resources Code Sec. 152.1771. MOORE COUNTY.

  226. Tex. Human Resources Code Sec. 152.1781. MORRIS COUNTY.

  227. Tex. Human Resources Code Sec. 152.1782. MORRIS COUNTY.

  228. Tex. Human Resources Code Sec. 152.1791. MOTLEY COUNTY.

  229. Tex. Human Resources Code Sec. 152.1801. NACOGDOCHES COUNTY.

  230. Tex. Human Resources Code Sec. 152.1811. NAVARRO COUNTY.

  231. Tex. Human Resources Code Sec. 152.1812. ADDITIONAL COMPENSATION OF JUVENILE COURT JUDGE.

  232. Tex. Human Resources Code Sec. 152.1821. NEWTON COUNTY.

  233. Tex. Human Resources Code Sec. 152.1831. NOLAN COUNTY.

  234. Tex. Human Resources Code Sec. 152.1841. NUECES COUNTY.

  235. Tex. Human Resources Code Sec. 152.1842. NUECES COUNTY INSTITUTIONS.

  236. Tex. Human Resources Code Sec. 152.1843. COLLECTION AND DISBURSEMENT OF SUPPORT PAYMENTS IN NUECES COUNTY.

  237. Tex. Human Resources Code Sec. 152.1871. ORANGE COUNTY.

  238. Tex. Human Resources Code Sec. 152.1881. PALO PINTO COUNTY.

  239. Tex. Human Resources Code Sec. 152.1891. PANOLA COUNTY.

  240. Tex. Human Resources Code Sec. 152.1901. PARKER COUNTY.

  241. Tex. Human Resources Code Sec. 152.1911. PARMER COUNTY.

  242. Tex. Human Resources Code Sec. 152.1921. PECOS COUNTY.

  243. Tex. Human Resources Code Sec. 152.1931. POLK COUNTY.

  244. Tex. Human Resources Code Sec. 152.1941. POTTER COUNTY.

  245. Tex. Human Resources Code Sec. 152.1951. PRESIDIO COUNTY.

  246. Tex. Human Resources Code Sec. 152.1971. RANDALL COUNTY.

  247. Tex. Human Resources Code Sec. 152.1981. REAGAN COUNTY.

  248. Tex. Human Resources Code Sec. 152.1991. REAL COUNTY.

  249. Tex. Human Resources Code Sec. 152.2001. RED RIVER COUNTY.

  250. Tex. Human Resources Code Sec. 152.2021. REFUGIO COUNTY.

  251. Tex. Human Resources Code Sec. 152.2031. ROBERTS COUNTY.

  252. Tex. Human Resources Code Sec. 152.2041. ROBERTSON COUNTY.

  253. Tex. Human Resources Code Sec. 152.2051. ROCKWALL COUNTY.

  254. Tex. Human Resources Code Sec. 152.2061. RUNNELS COUNTY.

  255. Tex. Human Resources Code Sec. 152.2071. RUSK COUNTY.

  256. Tex. Human Resources Code Sec. 152.2081. SABINE COUNTY.

  257. Tex. Human Resources Code Sec. 152.2091. SAN AUGUSTINE COUNTY.

  258. Tex. Human Resources Code Sec. 152.2101. SAN JACINTO COUNTY.

  259. Tex. Human Resources Code Sec. 152.2111. SAN PATRICIO COUNTY.

  260. Tex. Human Resources Code Sec. 152.2121. SAN SABA COUNTY.

  261. Tex. Human Resources Code Sec. 152.2131. SCHLEICHER COUNTY.

  262. Tex. Human Resources Code Sec. 152.2141. SCURRY COUNTY.

  263. Tex. Human Resources Code Sec. 152.2151. SHACKELFORD COUNTY.

  264. Tex. Human Resources Code Sec. 152.2171. SHERMAN COUNTY.

  265. Tex. Human Resources Code Sec. 152.2181. SMITH COUNTY.

  266. Tex. Human Resources Code Sec. 152.2182. SMITH COUNTY CHILD SUPPORT OFFICE.

  267. Tex. Human Resources Code Sec. 152.2191. SOMERVELL COUNTY.

  268. Tex. Human Resources Code Sec. 152.2201. STARR COUNTY.

  269. Tex. Human Resources Code Sec. 152.2221. STERLING COUNTY.

  270. Tex. Human Resources Code Sec. 152.2231. STONEWALL COUNTY.

  271. Tex. Human Resources Code Sec. 152.2241. SUTTON COUNTY.

  272. Tex. Human Resources Code Sec. 152.2251. SWISHER COUNTY.

  273. Tex. Human Resources Code Sec. 152.2261. TARRANT COUNTY.

  274. Tex. Human Resources Code Sec. 152.2262. TARRANT COUNTY INSTITUTIONS.

  275. Tex. Human Resources Code Sec. 152.2263. COLLECTION AND DISBURSEMENT OF SUPPORT PAYMENTS IN TARRANT COUNTY.

  276. Tex. Human Resources Code Sec. 152.2264. TARRANT COUNTY CRIMINAL COURT ADMINISTRATOR.

  277. Tex. Human Resources Code Sec. 152.2271. TAYLOR COUNTY.

  278. Tex. Human Resources Code Sec. 152.2281. TERRELL COUNTY.

  279. Tex. Human Resources Code Sec. 152.2291. TERRY COUNTY.

  280. Tex. Human Resources Code Sec. 152.2301. THROCKMORTON COUNTY.

  281. Tex. Human Resources Code Sec. 152.2311. TITUS COUNTY.

  282. Tex. Human Resources Code Sec. 152.2312. TITUS COUNTY.

  283. Tex. Human Resources Code Sec. 152.2321. TOM GREEN COUNTY.

  284. Tex. Human Resources Code Sec. 152.2331. TRAVIS COUNTY.

  285. Tex. Human Resources Code Sec. 152.2332. COLLECTION AND DISBURSEMENT OF SUPPORT PAYMENTS IN TRAVIS COUNTY.

  286. Tex. Human Resources Code Sec. 152.2341. TRINITY COUNTY.

  287. Tex. Human Resources Code Sec. 152.2351. TYLER COUNTY.

  288. Tex. Human Resources Code Sec. 152.2361. UPSHUR COUNTY.

  289. Tex. Human Resources Code Sec. 152.2371. UPTON COUNTY.

  290. Tex. Human Resources Code Sec. 152.2381. UVALDE COUNTY.

  291. Tex. Human Resources Code Sec. 152.2391. VAL VERDE COUNTY.

  292. Tex. Human Resources Code Sec. 152.2401. VAN ZANDT COUNTY.

  293. Tex. Human Resources Code Sec. 152.2411. VICTORIA COUNTY.

  294. Tex. Human Resources Code Sec. 152.2421. WALKER COUNTY.

  295. Tex. Human Resources Code Sec. 152.2431. WALLER COUNTY.

  296. Tex. Human Resources Code Sec. 152.2441. WARD COUNTY.

  297. Tex. Human Resources Code Sec. 152.2451. WASHINGTON COUNTY.

  298. Tex. Human Resources Code Sec. 152.2461. WEBB COUNTY.

  299. Tex. Human Resources Code Sec. 152.2471. WHARTON COUNTY.

  300. Tex. Human Resources Code Sec. 152.2472. COMPENSATION OF JUVENILE JUDGE IN WHARTON COUNTY.

  301. Tex. Human Resources Code Sec. 152.2473. WHARTON COUNTY CHILD SUPPORT OFFICE.

  302. Tex. Human Resources Code Sec. 152.2474. WHARTON COUNTY CHILD SUPPORT SERVICE FEE.

  303. Tex. Human Resources Code Sec. 152.2491. WICHITA COUNTY.

  304. Tex. Human Resources Code Sec. 152.2492. WICHITA COUNTY INSTITUTIONS.

  305. Tex. Human Resources Code Sec. 152.2501. WILBARGER COUNTY.

  306. Tex. Human Resources Code Sec. 152.2511. WILLACY COUNTY.

  307. Tex. Human Resources Code Sec. 152.2521. WILLIAMSON COUNTY.

  308. Tex. Human Resources Code Sec. 152.2531. WILSON COUNTY.

  309. Tex. Human Resources Code Sec. 152.2541. WINKLER COUNTY.

  310. Tex. Human Resources Code Sec. 152.2551. WISE COUNTY.

  311. Tex. Human Resources Code Sec. 152.2561. WOOD COUNTY.

  312. Tex. Human Resources Code Sec. 152.2571. YOAKUM COUNTY.

Chapter 161

  1. Tex. Human Resources Code Sec. 161.001. DEFINITIONS. In this chapter:

  2. Tex. Human Resources Code Sec. 161.003. SUNSET PROVISION. Unless the commission is continued in existence as provided by Chapter 325, Government Code, after the review required by Section 523.0003, Government Code, this chapter expires on the date the commission is abolished under that section.

  3. Tex. Human Resources Code Sec. 161.0515. ASSISTANT COMMISSIONER FOR STATE SUPPORTED LIVING CENTERS.

  4. Tex. Human Resources Code Sec. 161.0541. MAINTENANCE OF MERIT SYSTEM. The merit system established as provided by Section 161.054 may be maintained in conjunction with other state agencies that are required by federal law to operate under a merit system.

  5. Tex. Human Resources Code Sec. 161.057. CRIMINAL BACKGROUND CHECKS.

  6. Tex. Human Resources Code Sec. 161.071. GENERAL POWERS AND DUTIES OF DEPARTMENT. The department is responsible for administering human services programs for the aging and persons with disabilities, including:

  7. Tex. Human Resources Code Sec. 161.073. RULES. The executive commissioner may adopt rules reasonably necessary for the department to administer this chapter, consistent with the memorandum of understanding under Section 524.0101(a), Government Code, between the commissioner and the executive commissioner, as adopted by rule.

  8. Tex. Human Resources Code Sec. 161.074. COMPETITIVE GRANT PROGRAM.

  9. Tex. Human Resources Code Sec. 161.075. IMMUNITY FOR AREA AGENCIES ON AGING AND AGENCY EMPLOYEES AND VOLUNTEERS.

  10. Tex. Human Resources Code Sec. 161.076. ON-SITE SURVEYS OF CERTAIN PROVIDERS. At least every 12 months, the department shall conduct an unannounced on-site survey in each group home, other than a foster home, at which a Home and Community-based Services

  11. Tex. Human Resources Code Sec. 161.077. INVESTIGATION DATABASE.

  12. Tex. Human Resources Code Sec. 161.078. ELIGIBILITY FOR DEAF-BLIND WITH MULTIPLE DISABILITIES WAIVER PROGRAM.

  13. Tex. Human Resources Code Sec. 161.079. INFORMAL CAREGIVER SERVICES.

  14. Tex. Human Resources Code Sec. 161.080. CONTRACTS FOR SERVICES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES.

  15. Tex. Human Resources Code Sec. 161.081. LONG-TERM CARE MEDICAID WAIVER PROGRAMS: STREAMLINING AND UNIFORMITY.

  16. Tex. Human Resources Code Sec. 161.082. LONG-TERM CARE MEDICAID WAIVER PROGRAMS: UTILIZATION REVIEW.

  17. Tex. Human Resources Code Sec. 161.083. CORRECTIONS MEDICATION AIDES.

  18. Tex. Human Resources Code Sec. 161.084. MEDICAID SERVICE OPTIONS PUBLIC EDUCATION INITIATIVE.

  19. Tex. Human Resources Code Sec. 161.085. INTEREST LIST REPORTING. The department shall post on the department's Internet website historical data, categorized by state fiscal year, on the percentages of individuals who elect to receive services under a program for which the department maintains an interest list once their names reach the top of the list.

  20. Tex. Human Resources Code Sec. 161.086. ELECTRONIC VISIT VERIFICATION SYSTEM. If it is cost-effective, the department shall implement an electronic visit verification system under appropriate programs administered by the department under the Medicaid program that allows providers to electronically verify and document basic information relating to the delivery of services, including:

  21. Tex. Human Resources Code Sec. 161.087. GIFTS AND GRANTS.

  22. Tex. Human Resources Code Sec. 161.088. TRAUMA-INFORMED CARE TRAINING.

  23. Tex. Human Resources Code Sec. 161.089. ADMINISTRATIVE PENALTIES.

  24. Tex. Human Resources Code Sec. 161.0892. INFORMAL DISPUTE RESOLUTION.

  25. Tex. Human Resources Code Sec. 161.091. DEFINITIONS. In this subchapter:

  26. Tex. Human Resources Code Sec. 161.092. APPLICABILITY. This subchapter applies only to administration of medication provided to certain persons with intellectual and developmental disabilities who are served:

  27. Tex. Human Resources Code Sec. 161.093. ADMINISTRATION OF MEDICATION.

  28. Tex. Human Resources Code Sec. 161.094. DEPARTMENT DUTIES.

  29. Tex. Human Resources Code Sec. 161.095. LIABILITY.

  30. Tex. Human Resources Code Sec. 161.096. CONFLICT WITH OTHER LAW. This subchapter controls to the extent of a conflict with other law.

  31. Tex. Human Resources Code Sec. 161.101. GUARDIANSHIP SERVICES.

  32. Tex. Human Resources Code Sec. 161.102. REFERRAL TO GUARDIANSHIP PROGRAM, COURT, OR OTHER PERSON.

  33. Tex. Human Resources Code Sec. 161.103. CONTRACT FOR GUARDIANSHIP SERVICES. If appropriate, the department may contract with a political subdivision of this state, a guardianship program as defined by Section 1002.016, Estates Code, a private agency, or another state agency for the provision of guardianship services under this section.

  34. Tex. Human Resources Code Sec. 161.104. QUALITY ASSURANCE PROGRAM. The department shall develop and implement a quality assurance program for guardianship services provided by or on behalf of the department. If the department enters into a contract with a political subdivision, guardianship program, private agency, or other state agency under Section 161.103, the department shall establish a monitoring system as part of the quality assurance program to ensure the quality of guardianship services for which the department contracts under that section.

  35. Tex. Human Resources Code Sec. 161.105. OATH. A representative of the department shall take the oath required by the Estates Code on behalf of the department if the department is appointed guardian of the person or estate, or both, of a ward under Title 3 of that code.

  36. Tex. Human Resources Code Sec. 161.106. GUARDIANSHIP POWERS AND DUTIES. In serving as guardian of the person or estate, or both, for an incapacitated individual, the department has all the powers granted and duties prescribed to a guardian under Title 3, Estates Code, or any other applicable law.

  37. Tex. Human Resources Code Sec. 161.107. EXEMPTION FROM GUARDIANSHIP BONDS, CERTAIN COSTS, FEES, AND EXPENSES.

  38. Tex. Human Resources Code Sec. 161.108. SUCCESSOR GUARDIAN. The department shall review each of the department's pending guardianship cases at least annually to determine whether a more suitable person, including a guardianship program or private professional guardian, is willing and able to serve as successor guardian for a ward of the department. If the department becomes aware of any person's willingness and ability to serve as successor guardian, the department shall notify the court in which the guardianship is pending as required by Section 1203.151, Estates Code.

  39. Tex. Human Resources Code Sec. 161.109. ACCESS TO RECORDS OR DOCUMENTS.

  40. Tex. Human Resources Code Sec. 161.110. LEGAL REPRESENTATION OF DEPARTMENT.

  41. Tex. Human Resources Code Sec. 161.111. CONFIDENTIALITY AND DISCLOSURE OF INFORMATION.

  42. Tex. Human Resources Code Sec. 161.112. INDEMNIFICATION FOR LEGAL EXPENSES. If a present or former employee of the department who was involved in activities related to the provision of guardianship services under this subchapter is criminally prosecuted for conduct related to the person's misfeasance or nonfeasance in the course and scope of the person's employment and is found not guilty after a trial or appeal or if the complaint or indictment is dismissed without a plea of guilty or nolo contendere being entered, the department may indemnify the person or the person's estate for the reasonable attorney's fees incurred in defense of the prosecution up to a maximum of $10,000.

  43. Tex. Human Resources Code Sec. 161.113. IMMUNITY.

  44. Tex. Human Resources Code Sec. 161.114. USE OF VOLUNTEERS.

  45. Tex. Human Resources Code Sec. 161.151. DEFINITIONS. In this subchapter:

  46. Tex. Human Resources Code Sec. 161.152. LIFESPAN RESPITE SERVICES PROGRAM. The department shall implement the lifespan respite services program to promote the provision of respite services through contracts with eligible community-based organizations or local governmental entities.

  47. Tex. Human Resources Code Sec. 161.153. ELIGIBILITY.

  48. Tex. Human Resources Code Sec. 161.154. RESPITE SERVICES CONTRACTS.

  49. Tex. Human Resources Code Sec. 161.155. RESPITE SERVICES COORDINATOR FUNCTIONS. A respite services coordinator under contract with the department shall:

  50. Tex. Human Resources Code Sec. 161.156. RULES. The executive commissioner shall adopt rules necessary to implement this subchapter.

  51. Tex. Human Resources Code Sec. 161.251. DEFINITIONS. In this subchapter:

  52. Tex. Human Resources Code Sec. 161.252. LEGISLATIVE COMMITTEE ON AGING ESTABLISHED. The Legislative Committee on Aging is established to:

  53. Tex. Human Resources Code Sec. 161.253. COMPOSITION OF COMMITTEE; PRESIDING OFFICER.

  54. Tex. Human Resources Code Sec. 161.254. COMMITTEE POWERS AND DUTIES.

  55. Tex. Human Resources Code Sec. 161.255. REPORT.

  56. Tex. Human Resources Code Sec. 161.301. DEFINITION. In this subchapter, "fund" means the Chris Kyker Endowment for Seniors Fund established under this subchapter.

  57. Tex. Human Resources Code Sec. 161.302. CONTRACT TO PROVIDE OUTREACH AND INPUT RELATING TO AGING POPULATION.

  58. Tex. Human Resources Code Sec. 161.303. ESTABLISHMENT AND ADMINISTRATION OF FUND.

  59. Tex. Human Resources Code Sec. 161.304. USE OF FUND.

  60. Tex. Human Resources Code Sec. 161.351. LEGISLATIVE FINDINGS. The legislature finds that:

  61. Tex. Human Resources Code Sec. 161.352. FALL PREVENTION AWARENESS WEEK. The week that begins on the first Sunday of each year that falls after the date of the autumnal equinox is declared "Fall Prevention Awareness Week."

  62. Tex. Human Resources Code Sec. 161.353. FALL PREVENTION POLICY. The department may develop recommendations to:

Insurance

Chapter 541

  1. Tex. Insurance Code Sec. 541.001. PURPOSE. The purpose of this chapter is to regulate trade practices in the business of insurance by:

    This section of the Texas Insurance Code outlines the purpose of the chapter, which is to regulate trade practices in the insurance business within the state. It achieves this by defining and prohibiting trade practices deemed unfair methods of competition or unfair/deceptive acts or practices.

  2. Tex. Insurance Code Sec. 541.002. DEFINITIONS. In this chapter:

    This section of the Texas Insurance Code provides definitions for key terms used within the chapter, specifically defining 'Knowingly' as actual awareness of falsity or deceptiveness, and 'Person' as various legal entities engaged in the insurance business.

  3. Tex. Insurance Code Sec. 541.003. UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS OR PRACTICES PROHIBITED. A person may not engage in this state in a trade practice that is defined in this chapter as or determined under this chapter to be an unfair method of competition or an unfair or deceptive act or practice in the business of insurance.

    This section of the Texas Insurance Code prohibits persons from engaging in any trade practice within the state that is defined or determined by this chapter to be an unfair method of competition or an unfair or deceptive act or practice in the business of insurance.

  4. Tex. Insurance Code Sec. 541.004. VENUE FOR ACTIONS INVOLVING DEPARTMENT OR COMMISSIONER. An action under this chapter in which the department or commissioner is a party must be brought in a district court in Travis County.

    This section of the Texas Insurance Code mandates that any legal action brought under this chapter, where the department or commissioner is a party, must be filed in a district court located in Travis County.

  5. Tex. Insurance Code Sec. 541.005. APPLICABILITY TO RISK RETENTION OR PURCHASING GROUP.

    This section clarifies the applicability of Chapter 541 of the Texas Insurance Code to risk retention groups or purchasing groups, stipulating that those not chartered in Texas are prohibited from engaging in unlawful trade practices and are subject to the chapter's rules.

  6. Tex. Insurance Code Sec. 541.006. PROHIBITED CONTENT OF CERTAIN INSURANCE POLICIES. Notwithstanding any other provision of this code, it is unlawful for an insurer engaged in the business of life, accident, or health insurance to issue or deliver in this state a policy containing the words "Approved by the Texas Department of Insurance" or words of a similar meaning.

    This section of the Texas Insurance Code makes it unlawful for life, accident, or health insurers to issue policies in Texas that state they are "Approved by the Texas Department of Insurance" or contain similar misleading language.

  7. Tex. Insurance Code Sec. 541.007. IMMUNITY FROM PROSECUTION.

    This section of the Texas Insurance Code outlines conditions for immunity from prosecution for individuals compelled to testify or produce documents in hearings, detailing the scope of immunity, exceptions for perjury, and provisions for waiving such immunity.

  8. Tex. Insurance Code Sec. 541.008. LIBERAL CONSTRUCTION. This chapter shall be liberally construed and applied to promote the underlying purposes as provided by Section 541.001.

    This section mandates that the chapter of the Texas Insurance Code be liberally construed and applied to promote its underlying purposes, which are provided in Section 541.001.

  9. Tex. Insurance Code Sec. 541.051. MISREPRESENTATION REGARDING POLICY OR INSURER. It is an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to:

    This section defines specific misrepresentations related to insurance policies and insurers that are considered unfair methods of competition or deceptive practices, including misrepresenting policy terms, financial conditions, or inducing policyholders to lapse existing policies.

  10. Tex. Insurance Code Sec. 541.052. FALSE INFORMATION AND ADVERTISING.

    This section defines false information and advertising as an unfair method of competition or deceptive practice in the insurance business, prohibiting untrue, deceptive, or misleading assertions in any public communication regarding the business or its participants.

  11. Tex. Insurance Code Sec. 541.053. DEFAMATION OF INSURER.

    This section defines defamation of an insurer as an unfair method of competition or deceptive practice, prohibiting false, maliciously critical, or derogatory statements about an insurer's financial condition that are calculated to injure a person in the insurance business.

  12. Tex. Insurance Code Sec. 541.054. BOYCOTT, COERCION, OR INTIMIDATION. It is an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to commit through concerted action or to enter into an agreement to commit an act of boycott, coercion, or intimidation that results in or tends to result in the unreasonable restraint of or a monopoly in the business of insurance.

    This section prohibits acts of boycott, coercion, or intimidation in the business of insurance, defining them as unfair methods of competition or deceptive practices when they result in or tend to result in unreasonable restraint or a monopoly.

  13. Tex. Insurance Code Sec. 541.055. FALSE FINANCIAL STATEMENT.

    This section prohibits filing or disseminating false statements of an insurer's financial condition with intent to deceive, and also prohibits making false entries or willfully omitting material facts in an insurer's records with intent to deceive an examiner or public official.

  14. Tex. Insurance Code Sec. 541.059. DECEPTIVE NAME, WORD, SYMBOL, DEVICE, OR SLOGAN.

    This section prohibits the use of deceptive names, words, symbols, devices, or slogans in the insurance business that are similar to those used by authorized entities, but grants an exception for the person or entity demonstrating the first continuous actual use.

  15. Tex. Insurance Code Sec. 541.060. UNFAIR SETTLEMENT PRACTICES.

    This section outlines various unfair settlement practices in the business of insurance, prohibiting insurers from misrepresenting policy provisions, failing to promptly settle clear claims, withholding explanations for denials, and other deceptive actions related to claims processing.

  16. Tex. Insurance Code Sec. 541.061. MISREPRESENTATION OF INSURANCE POLICY. It is an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to misrepresent an insurance policy by:

    This section specifies that misrepresenting an insurance policy, through means such as making untrue statements of material fact, failing to disclose required information, or using misleading language, constitutes an unfair or deceptive practice in the business of insurance.

  17. Tex. Insurance Code Sec. 541.082. ADVERTISING AND INTERNET WEBSITES.

    This section defines various entities included under 'insurer' for the purpose of regulating advertising on Internet websites, specifying disclosure requirements for web pages that describe policies or allow applications/quotes, and classifying other web pages as institutional advertisements.

  18. Tex. Insurance Code Sec. 541.083. ADVERTISEMENTS TO CERTAIN ASSOCIATIONS. An insurer may advertise to the general public policies or coverage available only to members of an association described by Section 1251.052.

    This section permits insurers to advertise policies or coverage available exclusively to members of specific associations, as outlined in Section 1251.052, to the general public.

  19. Tex. Insurance Code Sec. 541.084. ADVERTISEMENTS RELATING TO MEDICARE PROGRAM. A person may not use an advertisement for an insurance product relating to Medicare coverage unless the advertisement includes in a prominent place the following language or similar language: "Not connected with or endorsed by the United States government or the federal Medicare program."

    This section prohibits the use of advertisements for insurance products related to Medicare coverage unless they prominently feature a disclaimer stating they are not connected with or endorsed by the U.S. government or the federal Medicare program.

  20. Tex. Insurance Code Sec. 541.085. ADVERTISEMENTS RELATING TO PREFERRED PROVIDER BENEFIT PLANS. It is sufficient for an insurer to use the term "PPO plan" in advertisements when referring to a preferred provider benefit plan offered under Chapter 1301.

    This section permits insurers to use the abbreviated term "PPO plan" in advertisements when referring to a preferred provider benefit plan offered under Chapter 1301 of the Texas Insurance Code.

  21. Tex. Insurance Code Sec. 541.086. ADVERTISING REGARDING GUARANTEED RENEWABLE COVERAGE.

    This section mandates that advertisements for guaranteed renewable accident and health insurance policies must prominently disclose that rates may change if the advertisement implies otherwise, and generally identify how those rates may change.

  22. Tex. Insurance Code Sec. 541.087. ADVERTISEMENTS EXEMPT FROM FILING REQUIREMENTS.An advertisement subject to requirements regarding filing of the advertisement with the department for department review under this code or commissioner rule and that is the same as or substantially similar to an advertisement previously reviewed and accepted by the department is not required to be filed for department review.

    This section exempts advertisements from departmental filing requirements if they are substantially similar to previous advertisements already reviewed and accepted by the department.

  23. Tex. Insurance Code Sec. 541.101. EXAMINATION AND INVESTIGATION. The department may examine and investigate the affairs of a person engaged in the business of insurance in this state to determine whether the person has or is engaged in an unfair method of competition or unfair or deceptive act or practice prohibited by Section 541.003.

    This section grants the Texas Department of Insurance the authority to examine and investigate the affairs of any person in the insurance business to determine if they are engaging in unfair methods of competition or deceptive practices prohibited by Section 541.003.

  24. Tex. Insurance Code Sec. 541.102. STATEMENT OF CHARGES; NOTICE OF HEARING.

    This section outlines the procedure for the Texas Department of Insurance to issue a statement of charges and notice of hearing when there is reason to believe an insurer has engaged in unfair competition or deceptive practices, prohibiting hearings earlier than the sixth day after notice is served.

  25. Tex. Insurance Code Sec. 541.103. HEARING. A person against whom charges are made under Section 541.102 is entitled at the hearing on the charges to have an opportunity to be heard and show cause why the department should not issue an order requiring the person to cease and desist from the unfair method of competition or unfair or deceptive act or practice described in the charges.

    This section grants a person charged with unfair practices under Section 541.102 the right to a hearing to present their defense and show cause why a cease and desist order should not be issued by the department.

  26. Tex. Insurance Code Sec. 541.104. HEARING PROCEDURES.

    This section outlines hearing procedures under the Texas Insurance Code, stating that formal rules of pleading or evidence are not required and allowing for intervention by interested parties upon a showing of good cause.

  27. Tex. Insurance Code Sec. 541.105. RECORD OF HEARING.

    This section outlines requirements for recording hearings, stating that the department may make a stenographic record or must if requested by a party, and if no record is made, the department must prepare a statement of evidence for judicial review.

  28. Tex. Insurance Code Sec. 541.106. COMPLIANCE WITH SUBPOENA.

    This section grants district courts in Travis County or the person's county of residence the authority to order compliance with subpoenas related to department hearings or testimony, and allows for punishment as contempt for failure to obey such orders.

  29. Tex. Insurance Code Sec. 541.107. DETERMINATION OF VIOLATION. After a hearing under this subchapter, the department shall determine whether:

    This section outlines the department's post-hearing determination process to ascertain whether a method of competition or act/practice is defined as unfair or deceptive under various legal codes, and if the charged person engaged in such a violation.

  30. Tex. Insurance Code Sec. 541.108. CEASE AND DESIST ORDER. On determining that a person committed a violation described by Section 541.107, the department shall:

    This section mandates that, upon determining a violation as described in Section 541.107, the department must issue written findings and a cease and desist order to the person who committed the violation.

  31. Tex. Insurance Code Sec. 541.109. MODIFICATION OR SETTING ASIDE OF ORDER. On the notice and in the manner the department determines proper, the department may modify or set aside in whole or in part a cease and desist order issued under Section 541.108 at any time before a petition appealing the order is filed in accordance with Subchapter D, Chapter 36.

    This section grants the department the authority to modify or set aside a cease and desist order issued under Section 541.108, provided it is done with proper notice and manner, and before a petition appealing the order is filed as per Subchapter D, Chapter 36.

  32. Tex. Insurance Code Sec. 541.110. ADMINISTRATIVE PENALTY.

    This section of the Texas Insurance Code establishes administrative penalties for persons who violate a cease and desist order, detailing the factors considered in determining a violation and the maximum penalty amounts.

  33. Tex. Insurance Code Sec. 541.111. CIVIL PENALTY FOR VIOLATION OF CEASE AND DESIST ORDER.

    This section of the Texas Insurance Code defines the civil penalties for individuals found by a court to have violated a cease and desist order, establishing a penalty range that increases for willful violations.

  34. Tex. Insurance Code Sec. 541.151. PRIVATE ACTION FOR DAMAGES AUTHORIZED. A person who sustains actual damages may bring an action against another person for those damages caused by the other person engaging in an act or practice:

    This section of the Texas Insurance Code authorizes a private action for damages against a person who engages in an unfair method of competition, an unfair or deceptive act in the business of insurance, or an unlawful deceptive trade practice enumerated in Section 17.46(b) of the Business & Commerce Code, provided the plaintiff relied on the act to their detriment.

  35. Tex. Insurance Code Sec. 541.152. DAMAGES, ATTORNEY'S FEES, AND OTHER RELIEF.

    This section outlines the types of relief available to a prevailing plaintiff in an action under this subchapter, including actual damages, court costs, attorney's fees, injunctive relief, and other court-determined relief. It also allows for treble damages if the defendant knowingly committed the act, with an exception for actions against the Texas Windstorm Insurance Association.

  36. Tex. Insurance Code Sec. 541.153. FRIVOLOUS ACTION. A court shall award to the defendant court costs and reasonable and necessary attorney's fees if the court finds that an action under this subchapter is groundless and brought in bad faith or brought for the purpose of harassment.

    This section mandates that a court award court costs and reasonable attorney's fees to a defendant if an action brought under this subchapter is deemed groundless, initiated in bad faith, or intended for harassment.

  37. Tex. Insurance Code Sec. 541.154. PRIOR NOTICE OF ACTION.

    This section mandates that a person seeking damages under this subchapter must provide written notice to the other party at least 61 days before filing an action, detailing the specific complaint and the amount of damages and expenses. Exceptions to this notice requirement include cases where it is impracticable due to the statute of limitations or when the claim is asserted as a counterclaim.

  38. Tex. Insurance Code Sec. 541.155. ABATEMENT.

    This section outlines the process for abating an action if the required prior notice under Section 541.154 was not provided. It details when a defendant may file a plea in abatement, conditions for court-ordered and automatic abatement, and the duration of such abatement, with an exception if Section 541.154(c) applies.

  39. Tex. Insurance Code Sec. 541.156. SETTLEMENT OFFER.

    This section outlines the permissible periods for making a settlement offer after receiving notice under Section 541.154 or 542A.003, including a 60-day initial period and additional periods contingent on whether mediation is conducted under Section 541.161.

  40. Tex. Insurance Code Sec. 541.157. CONTENTS OF SETTLEMENT OFFER. A settlement offer made by a person against whom a claim under this subchapter is pending must include an offer to pay the following amounts, separately stated:

    This section specifies that a settlement offer for a claim under this subchapter must separately state an amount for damages (or its cash value) and an amount for the claimant's reasonable and necessary attorney's fees incurred up to the date of the offer.

  41. Tex. Insurance Code Sec. 541.158. REJECTION OF SETTLEMENT OFFER.

    This section specifies that a settlement offer is rejected if both parts, as required by Section 541.157, are not accepted by the claimant within 30 days. It also allows a person against whom a claim is pending to file a compliant but rejected settlement offer with the court, along with an affidavit of rejection.

  42. Tex. Insurance Code Sec. 541.159. LIMIT ON RECOVERY AFTER SETTLEMENT OFFER.

    This section limits a claimant's recovery of damages and attorney's fees if a settlement offer, compliant with Section 541.157, was rejected and the court finds the offered amount was equal to or greater than the amount found by the trier of fact. Exceptions apply if the offering party could not perform the offer or misrepresented its cash value.

  43. Tex. Insurance Code Sec. 541.160. EFFECT OF SETTLEMENT OFFER. A settlement offer is not an admission of engaging in an act or practice defined by Subchapter B to be an unfair method of competition or an unfair or deceptive act or practice in the business of insurance.

    This section clarifies that a settlement offer made is not to be considered an admission of engaging in an unfair method of competition or an unfair or deceptive act or practice in the business of insurance as defined by Subchapter B.

  44. Tex. Insurance Code Sec. 541.161. MEDIATION.

    This section establishes procedures for compelling mediation in disputes under this subchapter, allowing parties to file a motion within 90 days of pleading service. It outlines the court's role in setting mediation times, appointing mediators, and determining deadlines, with specific rules for party participation, fee sharing, and exemptions for claims under $15,000, while also incorporating provisions from the Civil Practice and Remedies Code.

  45. Tex. Insurance Code Sec. 541.162. LIMITATIONS PERIOD.

    This section establishes a two-year limitations period for actions brought under this chapter, commencing from the date of the unfair practice or its discovery. It also provides for a 180-day extension if the defendant's conduct intentionally caused the plaintiff to delay filing the action.

  46. Tex. Insurance Code Sec. 541.201. INJUNCTIVE RELIEF.

    This section authorizes the attorney general to bring an action for injunctive relief against a person in the business of insurance if there is reason to believe they are engaging in, have engaged in, or are about to engage in an unlawful act or practice under this chapter, its rules, or Section 17.46 of the Business & Commerce Code, and if the action is deemed to be in the public interest.

  47. Tex. Insurance Code Sec. 541.202. VENUE FOR INJUNCTIVE ACTION. An action for an injunction under this subchapter may be commenced in a district court in:

    This section specifies the permissible venues for commencing an injunctive action under this subchapter, including the county of the defendant's residence, principal place of business, or engagement in business, the county where the transaction occurred, or Travis County.

  48. Tex. Insurance Code Sec. 541.203. ISSUANCE OF INJUNCTION.

    This section grants the court authority to issue appropriate temporary or permanent injunctions, and explicitly states that such injunctions shall be issued without requiring a bond.

  49. Tex. Insurance Code Sec. 541.204. CIVIL PENALTY. In addition to requesting a temporary or permanent injunction under Section 541.201, the attorney general may request a civil penalty of not more than $10,000 for each violation on a finding by the court that the defendant has engaged in or is engaging in an act or practice defined as unlawful under:

    This section allows the attorney general, in addition to seeking injunctive relief under Section 541.201, to request a civil penalty of up to $10,000 per violation if a court finds a defendant has engaged in an unlawful act or practice under this chapter, its rules, or Section 17.46 of the Business & Commerce Code.

  50. Tex. Insurance Code Sec. 541.205. COMPENSATION OR RESTORATION. The court may make an additional order or judgment as necessary to compensate an identifiable person for actual damages or for restoration of money or property that may have been acquired by means of an enjoined act or practice.

    This section authorizes the court to issue additional orders or judgments to compensate an identifiable person for actual damages or to restore money or property obtained through an enjoined act or practice.

  51. Tex. Insurance Code Sec. 541.206. CIVIL PENALTY FOR VIOLATION OF INJUNCTION.

    This section outlines the civil penalties for violating an injunction issued under this subchapter, imposing a fine of up to $10,000 per violation payable to the state. It also grants the attorney general authority to petition for recovery of this penalty, specifies that the court will consider compliance procedures, and confirms the court's retained jurisdiction for assessing such penalties.

  52. Tex. Insurance Code Sec. 541.207. REMEDIES NOT EXCLUSIVE. The remedies provided by this subchapter are:

    This section clarifies that the remedies provided within this subchapter are not exclusive and serve as additions to any other remedies or procedures available under statutory or common law.

  53. Tex. Insurance Code Sec. 541.251. CLASS ACTION AUTHORIZED.

    This section authorizes class actions for damages resulting from unlawful deceptive trade practices defined in Subchapter B, allowing either the department to request the attorney general to bring an action or an individual to bring an action on behalf of themselves and others. However, a class action cannot be maintained if the department and attorney general have already initiated an action under Subchapter G or if a final determination has been made under that subchapter regarding the same act or defendant.

  54. Tex. Insurance Code Sec. 541.252. RECOVERY. A plaintiff who prevails in a class action under this subchapter may recover:

    This section outlines the recoverable remedies for a prevailing plaintiff in a class action under this subchapter, which include actual damages, court costs, reasonable attorney's fees, injunctive relief, and any other relief the court deems proper.

  55. Tex. Insurance Code Sec. 541.253. FRIVOLOUS ACTION. The court may award to the defendant court costs and reasonable attorney's fees in relation to the work expended on a finding by the court that a class action under this subchapter was brought by an individual plaintiff in bad faith or for the purpose of harassment.

    This section allows the court to award court costs and reasonable attorney's fees to a defendant if it finds that a class action under this subchapter was initiated by an individual plaintiff in bad faith or for the purpose of harassment.

  56. Tex. Insurance Code Sec. 541.254. STATUTE OF LIMITATIONS TOLLED. The filing of a class action under this subchapter tolls the statute of limitations for bringing an action by an individual under Section 541.162.

    This section states that the filing of a class action under this subchapter tolls the statute of limitations for an individual to bring an action under Section 541.162.

  57. Tex. Insurance Code Sec. 541.255. PRIOR NOTICE.

    This section mandates that a prospective plaintiff in a class action for damages provide written notice to the intended defendant and the commissioner at least 31 days before commencing the action, demanding relief for the plaintiff and others similarly situated. It specifies methods for delivering the notice and allows class actions for injunctive relief to be commenced without prior notice, with the option to later amend the complaint to include damages.

  58. Tex. Insurance Code Sec. 541.256. PREREQUISITES TO CLASS ACTION. The court shall permit one or more members of a class to sue or be sued as representative parties on behalf of the class only if:

    This section outlines the prerequisites for a court to permit a class action, requiring that the class be numerous enough to make joinder impracticable, that there are common questions of law or fact, that representative claims or defenses are typical, and that the representative parties will adequately protect the class's interests.

  59. Tex. Insurance Code Sec. 541.257. CLASS ACTIONS MAINTAINABLE.

    This section outlines additional conditions for maintaining a class action, beyond the prerequisites of Section 541.256, focusing on risks of inconsistent adjudications, the suitability of injunctive or declaratory relief for the class as a whole, or the predominance of common questions of law or fact making a class action a superior adjudication method. It also directs state courts to be guided by federal court interpretations of Rule 23 of the Federal Rules of Civil Procedure.

  60. Tex. Insurance Code Sec. 541.258. CLASS ACTIONS: ISSUES AND SUBCLASSES AUTHORIZED. When appropriate, an action may be brought or maintained as a class action under this subchapter with respect to particular issues or a class may be divided into subclasses and each subclass treated as a class, and the provisions of this subchapter shall be construed and applied accordingly.

    This section permits class actions to be brought or maintained concerning specific issues, or for a class to be divided into subclasses, with each subclass treated as a separate class, and all provisions of this subchapter are to be interpreted and applied accordingly.

  61. Tex. Insurance Code Sec. 541.259. DETERMINATION REGARDING WHETHER CLASS ACTION MAY BE MAINTAINED.

    This section mandates that a court determine by order whether an action can be maintained as a class action soon after commencement, allowing for alteration or amendment of this order before a decision on the merits. It also specifies that such an order is an appealable interlocutory order, with appeals governed by the Texas Rules of Appellate Procedure.

  62. Tex. Insurance Code Sec. 541.260. EFFECT OF DENIAL OF CLASS ACTION. A court order denying that an action under this subchapter may be brought as a class action does not affect whether an individual may bring the same or a similar action under Subchapter D.

    This section clarifies that a court order denying an action as a class action under this subchapter does not preclude an individual from bringing the same or a similar action under Subchapter D.

  63. Tex. Insurance Code Sec. 541.261. NOTICE OF CLASS ACTION.

    This section requires the court to direct the best practicable notice to members of a class when an action is permitted as a class action, including individual notice to identifiable members. The notice must inform members about their right to request exclusion, the binding nature of the judgment on those who do not, and their option to appear through counsel.

  64. Tex. Insurance Code Sec. 541.262. PROCEDURES IN CLASS ACTION. In a class action under this subchapter, the court may make appropriate orders:

    This section grants the court broad authority to issue appropriate orders in a class action to manage proceedings, prevent complications, protect class members through various forms of notice, impose conditions on representative parties, amend pleadings to remove absent persons, and address other procedural matters.

  65. Tex. Insurance Code Sec. 541.263. EFFECT OF SETTLEMENT OFFER.

    This section specifies that class action damages may not be awarded if an intended defendant provides a written settlement offer within 30 days of receiving notice, detailing specific conditions and reliefs. It also clarifies that an attempt to comply with this section is generally not admissible as evidence or an admission of unlawful acts, but can be used to establish good faith or show compliance.

  66. Tex. Insurance Code Sec. 541.264. DEFENSES. Damages may not be awarded in a class action under this subchapter if the defendant:

    This section outlines the defenses available to a defendant in a class action under the Texas Insurance Code, preventing the award of damages if the action resulted from a bona fide error despite reasonable procedures, and if restitution was made to class members.

  67. Tex. Insurance Code Sec. 541.265. LIMITATIONS PERIOD FOR DAMAGES. In a class action under this subchapter, damages may not include any damages incurred more than two years before the date the action is commenced.

    This section establishes a limitations period for damages in a class action under the Texas Insurance Code, stipulating that damages cannot be awarded for any losses incurred more than two years before the commencement of the action.

  68. Tex. Insurance Code Sec. 541.266. DISPOSITION.

    This section of the Texas Insurance Code requires court approval before a class action under the referenced subchapter can be dismissed, settled, or otherwise compromised. It also requires that notice of any proposed dismissal, settlement, or compromise be provided to all class members in the manner directed by the court.

  69. Tex. Insurance Code Sec. 541.267. CONTENTS OF JUDGMENT; NOTICE.

    Section 541.267 of the Texas Insurance Code specifies what a class action judgment must include and requires courts to provide class members with the best practical notice of the judgment, including individual notices to identifiable members. It links the judgment’s class membership identification to notice obligations in Section 541.261.

  70. Tex. Insurance Code Sec. 541.301. REFUND OF PREMIUMS.

    This provision allows the Texas Department of Insurance to require an accounting of premiums and, when appropriate, order notice and refunds to persons who were induced to purchase insurance through unlawful competitive practices or deceptive acts. Any refunded premiums must be reduced by benefits actually paid under the policies being cancelled.

  71. Tex. Insurance Code Sec. 541.302. TIME TO MAKE REFUNDS. The department shall specify a reasonable time within which a person required to make premium refunds under Section 541.301 must make the refunds.

    Section 541.302 of the Texas Insurance Code requires the Department of Insurance to set a reasonable deadline for a person required to refund premiums under Section 541.301 to complete those refunds. The provision is a standalone timing requirement and cross-references the preceding refund-accounting and refund obligation section.

  72. Tex. Insurance Code Sec. 541.303. SANCTION.

    Section 541.303 authorizes the Department of Insurance to seek court enforcement when a person fails to comply with a premium-refund order, including by requesting the attorney general to file an enforcement action in Travis County. The court may enforce the requirement, including by contempt, and the section states these penalties are cumulative of other available sanctions.

  73. Tex. Insurance Code Sec. 541.304. EVIDENTIARY USE OF COMPLIANCE OR ATTEMPT TO COMPLY.

    Section 541.304 of the Texas Insurance Code states that a person's compliance or attempt to comply with a Department premium-refund requirement is treated as an offer to compromise and is neither admissible as evidence nor an admission of unlawful conduct. It allows a defendant to offer such evidence only to show good faith or to establish that the person complied with the Department's refund requirement.

  74. Tex. Insurance Code Sec. 541.351. ACCEPTANCE OF ASSURANCE.

    Section 541.351 authorizes the Texas Department of Insurance to accept a written assurance of voluntary compliance from a person whose conduct violates this chapter, a chapter rule, or Texas Business & Commerce Code Section 17.46. The Department may condition such an assurance on restoring money obtained through the unlawful act or practice to the affected person.

  75. Tex. Insurance Code Sec. 541.352. EFFECT OF ASSURANCE.

    Section 541.352 provides that an assurance of voluntary compliance is not an admission of a prior violation of the Texas Insurance Code chapter, chapter rules, or Texas Business & Commerce Code Section 17.46. If the assurance is not rescinded and a person later fails to comply, that failure is prima facie evidence of a violation of those same provisions.

  76. Tex. Insurance Code Sec. 541.353. REOPENING. A matter closed by the filing of an assurance of voluntary compliance may be reopened at any time.

    This section states that a matter closed through the filing of an assurance of voluntary compliance can be reopened by the Texas Department of Insurance at any time. It applies to proceedings under the Insurance Code provisions on voluntary assurance and preserves continuing supervisory authority.

  77. Tex. Insurance Code Sec. 541.354. RIGHT TO BRING ACTION NOT AFFECTED. An assurance of voluntary compliance does not affect the right of an individual to bring an action under this chapter, except that the right of an individual in relation to money received according to a stipulation under Section 541.351(c) is governed by the terms of the assurance.

    Section 541.354 confirms that an assurance of voluntary compliance does not eliminate an individual’s right to file an action under this chapter, while reserving that any rights regarding money paid under a stipulation in Section 541.351(c) are governed by that assurance’s terms. The provision preserves private enforcement despite administrative settlement mechanisms.

  78. Tex. Insurance Code Sec. 541.401. RULEMAKING AUTHORITY.

    Section 541.401 grants the Texas Insurance Commissioner authority to adopt and enforce reasonable rules needed to carry out the purposes of the chapter. It also allows the commissioner to override prior common-law or statutory interpretations of chapter terms by adding express rules, including to promote uniformity with other jurisdictions or align with NAIC procedures.

  79. Tex. Insurance Code Sec. 541.402. PETITION.

    This section establishes a petition process for proposing adoption, amendment, or repeal of Department rules, requiring support from at least 100 interested persons and evidence that a specific act or practice is false, misleading, or deceptive—or that an existing rule classification is incorrect. The commissioner must act within 30 days either by denying the petition as provided in Section 541.403 or by beginning hearing proceedings under Section 541.404.

  80. Tex. Insurance Code Sec. 541.403. DENIAL OF PETITION.

    This section requires the Texas Department of Insurance to provide written reasons when denying a petition to adopt, amend, or repeal a rule, and it expressly authorizes denial when the requested rule action would undermine cross-state/US legal uniformity or fail to follow National Association of Insurance Commissioners procedures. The provision creates explicit limits on when such petitions may be rejected.

  81. Tex. Insurance Code Sec. 541.404. HEARING ON PETITION.

    Section 541.404 requires Department hearing proceedings on rule petitions to be open to the public, and allows any person to submit testimony, data, or other information in support or opposition in writing or orally. It establishes basic procedural openness and participation for petitions to adopt, amend, or repeal rules.

  82. Tex. Insurance Code Sec. 541.405. JUDICIAL REVIEW OF DEPARTMENT ACTION.

    This provision allows an aggrieved person to seek judicial review in a Travis County district court of a petition denial under Section 541.402, as well as challenges to adopted, amended, repealed, or nonadopted rules under this subchapter. It requires the commissioner to be joined as a party, limits grounds for invalidating departmental action, and permits injunctive relief.

  83. Tex. Insurance Code Sec. 541.451. LIABILITY UNDER OTHER LAW. An order of the department under this chapter or an order by a court to enforce that order does not relieve or absolve a person affected by either order from liability under another law of this state.

    Section 541.451 makes clear that Department orders under this chapter, including court orders enforcing them, do not shield or eliminate a person's liability under other Texas laws. It preserves the ability of other legal regimes to impose additional obligations or penalties independent of insurance-code enforcement actions.

  84. Tex. Insurance Code Sec. 541.452. POWERS IN ADDITION TO OTHER POWERS AUTHORIZED BY LAW. The powers vested in the department and the commissioner by this chapter are in addition to any other powers to enforce a penalty, fine, or forfeiture authorized by law with respect to a method of competition or act or practice defined as unfair or deceptive.

    Section 541.452 clarifies that enforcement authorities granted to the Texas Department of Insurance and the commissioner under this chapter are supplemental, not exclusive, and do not replace other legal powers to impose penalties, fines, or forfeitures for unfair or deceptive methods of competition or acts or practices. The provision preserves overlapping enforcement authority under other applicable laws.

  85. Tex. Insurance Code Sec. 541.453. DOUBLE RECOVERY PROHIBITED. A person may not recover damages and penalties for the same act or practice under both this chapter and another law.

    Section 541.453 prohibits recovery of damages and penalties under both the Texas Insurance Code and another law for the same unfair or deceptive act or practice, preventing double recovery for a single misconduct. It ensures claims are limited to one remedy framework for overlapping legal violations.

  86. Tex. Insurance Code Sec. 541.454. PENALTIES AND RELATED PAYMENTS BY INSURER.

    Section 541.454 restricts payment of civil penalties, refunds, judgments, damages, and attorney’s fees assessed under this chapter to an offending insurer’s capital or surplus and prevents those payments from having priority over insurance guaranty or related statutory priority schemes. It also expressly exempts the statutes and priority rules in the named chapters from these chapter payment restrictions.

Labor

Chapter 1

  1. Tex. Labor Code Sec. 1.001. PURPOSE OF CODE.

  2. Tex. Labor Code Sec. 1.002. CONSTRUCTION OF CODE. Chapter 311, Government Code (Code Construction Act), applies to the construction of each provision in this code except as otherwise expressly provided by this code.

  3. Tex. Labor Code Sec. 1.003. INTERNAL REFERENCES. In this code:

  4. Tex. Labor Code Sec. 1.004. REFERENCE IN LAW TO STATUTE REVISED BY CODE. A reference in a law to a statute or a part of a statute revised by this code is considered to be a reference to the part of this code that revises that statute or part of the statute.

  5. Tex. Labor Code Sec. 1.005. PREEMPTION.

Chapter 21

  1. Tex. Labor Code Sec. 21.001. PURPOSES. The general purposes of this chapter are to:

  2. Tex. Labor Code Sec. 21.0015. TEXAS WORKFORCE COMMISSION. The powers and duties exercised by the Commission on Human Rights under this chapter are transferred to the Texas Workforce Commission. A reference in this chapter to the "commission" means the Texas Workforce Commission.

  3. Tex. Labor Code Sec. 21.002. DEFINITIONS. In this chapter:

  4. Tex. Labor Code Sec. 21.0021. CONSTRUCTION OF CERTAIN DEFINITIONS.

  5. Tex. Labor Code Sec. 21.0022. FRANCHISORS EXCLUDED.

  6. Tex. Labor Code Sec. 21.003. GENERAL POWERS AND DUTIES OF COMMISSION.

  7. Tex. Labor Code Sec. 21.0035. CIVILIAN WORKFORCE COMPOSITION.

  8. Tex. Labor Code Sec. 21.004. CRIMINAL OFFENSE OF INTERFERENCE; PENALTY.

  9. Tex. Labor Code Sec. 21.005. CONSTRUCTION WITH OTHER LAWS.

  10. Tex. Labor Code Sec. 21.006. CONFORMITY WITH FEDERAL STATUTES. If a provision of this chapter is held by the Equal Employment Opportunity Commission to disqualify the commission as a deferral agency or for the receipt of federal funds, the commission shall administer this chapter to qualify for deferral status or the receipt of those funds until the legislature meets in its next session and has an opportunity to amend this chapter.

  11. Tex. Labor Code Sec. 21.007. PRIVILEGED COMMUNICATION; IMMUNITY. An oral or written statement made to a commissioner or an employee of the commission in connection with the discharge of the commissioner's or employee's duties under this chapter may not be the basis for an action for defamation of character.

  12. Tex. Labor Code Sec. 21.008. LIMITED SEVERABILITY.

  13. Tex. Labor Code Sec. 21.009. JOINDER OF COMMISSION.

  14. Tex. Labor Code Sec. 21.010. EMPLOYMENT DISCRIMINATION TRAINING FOR STATE EMPLOYEES.

  15. Tex. Labor Code Sec. 21.051. DISCRIMINATION BY EMPLOYER. An employer commits an unlawful employment practice if because of race, color, disability, religion, sex, national origin, or age the employer:

  16. Tex. Labor Code Sec. 21.052. DISCRIMINATION BY EMPLOYMENT AGENCY. An employment agency commits an unlawful employment practice if the employment agency:

  17. Tex. Labor Code Sec. 21.053. DISCRIMINATION BY LABOR ORGANIZATION. A labor organization commits an unlawful employment practice if because of race, color, disability, religion, sex, national origin, or age the labor organization:

  18. Tex. Labor Code Sec. 21.054. ADMISSION OR PARTICIPATION IN TRAINING PROGRAM.

  19. Tex. Labor Code Sec. 21.055. RETALIATION. An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency retaliates or discriminates against a person who, under this chapter:

  20. Tex. Labor Code Sec. 21.056. AIDING OR ABETTING DISCRIMINATION. An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency aids, abets, incites, or coerces a person to engage in a discriminatory practice.

  21. Tex. Labor Code Sec. 21.057. INTERFERENCE WITH COMMISSION. An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency wilfully interferes with the performance of a duty or the exercise of a power under this chapter or Chapter 461, Government Code, by the commission, the commission's staff, or the commission's representative.

  22. Tex. Labor Code Sec. 21.058. PREVENTION OF COMPLIANCE. An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency wilfully obstructs or prevents a person from complying with this chapter or a rule adopted or order issued under this chapter.

  23. Tex. Labor Code Sec. 21.059. DISCRIMINATORY NOTICE OR ADVERTISEMENT.

  24. Tex. Labor Code Sec. 21.0595. DISCRIMINATORY LEAVE POLICY AFFECTING EMPLOYEE'S ENTITLEMENT TO PERSONAL LEAVE TO CARE FOR SICK FOSTER CHILD. An employer commits an unlawful employment practice if:

  25. Tex. Labor Code Sec. 21.060. VIOLATION OF CONCILIATION AGREEMENT. A party to a conciliation agreement made under this chapter commits an unlawful employment practice if the party violates the terms of the conciliation agreement.

  26. Tex. Labor Code Sec. 21.061. INSUFFICIENT EVIDENCE OF UNLAWFUL PRACTICE. In the absence of other evidence of an unlawful employment practice, evidence of the employment of one person in place of another is not sufficient to establish an unlawful employment practice.

  27. Tex. Labor Code Sec. 21.101. AGE DISCRIMINATION LIMITED TO INDIVIDUALS OF CERTAIN AGE. The provisions of this chapter referring to discrimination because of age or on the basis of age apply only to discrimination against an individual 40 years of age or older.

  28. Tex. Labor Code Sec. 21.102. BONA FIDE EMPLOYEE BENEFIT PLAN; PRODUCTION MEASUREMENT SYSTEM.

  29. Tex. Labor Code Sec. 21.103. COMPULSORY RETIREMENT PERMITTED FOR CERTAIN EMPLOYEES. This chapter does not prohibit the compulsory retirement of an employee who is:

  30. Tex. Labor Code Sec. 21.104. AGE REQUIREMENT FOR PEACE OFFICERS OR FIRE FIGHTERS. An employer does not commit an unlawful employment practice by imposing a minimum or maximum age requirement for peace officers or fire fighters.

  31. Tex. Labor Code Sec. 21.105. DISCRIMINATION BASED ON DISABILITY. A provision in this subchapter or Subchapter B referring to discrimination because of disability or on the basis of disability applies only to discrimination because of or on the basis of a physical or mental condition that does not impair an individual's ability to reasonably perform a job.

  32. Tex. Labor Code Sec. 21.106. SEX DISCRIMINATION.

  33. Tex. Labor Code Sec. 21.1065. SEXUAL HARASSMENT PROTECTIONS FOR UNPAID INTERNS.

  34. Tex. Labor Code Sec. 21.107. EFFECT ON ABORTION BENEFITS. This chapter does not:

  35. Tex. Labor Code Sec. 21.108. DISCRIMINATION BASED ON RELIGION. A provision in this chapter referring to discrimination because of religion or on the basis of religion applies to discrimination because of or on the basis of any aspect of religious observance, practice, or belief, unless an employer demonstrates that the employer is unable reasonably to accommodate the religious observance or practice of an employee or applicant without undue hardship to the conduct of the employer's business.

  36. Tex. Labor Code Sec. 21.109. EMPLOYMENT BY RELIGIOUS ORGANIZATION.

  37. Tex. Labor Code Sec. 21.1095. RACIAL DISCRIMINATION BASED ON HAIR TEXTURE OR PROTECTIVE HAIRSTYLE.

  38. Tex. Labor Code Sec. 21.110. DISCRIMINATION BASED ON NATIONAL ORIGIN. A provision in this chapter referring to discrimination because of national origin or on the basis of national origin includes discrimination because of or on the basis of the national origin of an ancestor.

  39. Tex. Labor Code Sec. 21.111. PERSON EMPLOYED OUT OF STATE. This chapter does not apply to an employer with respect to the employment of a person outside this state.

  40. Tex. Labor Code Sec. 21.112. EMPLOYEES AT DIFFERENT LOCATIONS. An employer does not commit an unlawful employment practice by applying to employees who work in different locations different standards of compensation or different terms, conditions, or privileges of employment that are not discriminatory on the basis of race, color, disability, religion, sex, national origin, or age.

  41. Tex. Labor Code Sec. 21.113. IMBALANCE PLAN NOT REQUIRED. This chapter does not require a person subject to this chapter to grant preferential treatment to an individual or a group on the basis of race, color, disability, religion, sex, national origin, or age because of an imbalance between:

  42. Tex. Labor Code Sec. 21.114. PLAN TO END DISCRIMINATORY SCHOOL PRACTICES. A public school official does not commit an unlawful employment practice by adopting or implementing a plan reasonably designed to end discriminatory school practices.

  43. Tex. Labor Code Sec. 21.115. BUSINESS NECESSITY.

  44. Tex. Labor Code Sec. 21.116. RELIANCE ON COMMISSION INTERPRETATION OR OPINION.

  45. Tex. Labor Code Sec. 21.117. EMPLOYMENT OF FAMILY MEMBER. Subchapter B does not apply to the employment of an individual by the individual's parent, spouse, or child.

  46. Tex. Labor Code Sec. 21.118. STATEWIDE HOMETOWN PLAN. Subchapter B does not apply to a labor union, firm, association, or individual participating on September 23, 1983, in a statewide hometown plan approved by the United States Department of Labor.

  47. Tex. Labor Code Sec. 21.119. BONA FIDE OCCUPATIONAL QUALIFICATION. If disability, religion, sex, national origin, or age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or enterprise, performing any of the following practices on the basis of disability, religion, sex, national origin, or age of an employee, member, or other individual is not an unlawful employment practice:

  48. Tex. Labor Code Sec. 21.120. USE OR POSSESSION OF CONTROLLED SUBSTANCE.

  49. Tex. Labor Code Sec. 21.121. WORK FORCE DIVERSITY PROGRAMS. An employer does not commit an unlawful employment practice by developing and implementing personnel policies that incorporate work force diversity programs.

  50. Tex. Labor Code Sec. 21.122. BURDEN OF PROOF IN DISPARATE IMPACT CASES.

  51. Tex. Labor Code Sec. 21.123. SCOPE OF DEFENSE. A demonstration that an employment practice is consistent with business necessity may not be used as a defense under this chapter against a complaint of intentional discrimination.

  52. Tex. Labor Code Sec. 21.124. PROHIBITION AGAINST DISCRIMINATORY USE OF TEST SCORES. It is an unlawful employment practice for a respondent, in connection with the selection or referral of applicants for employment or promotion, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of employment-related tests on the basis of race, color, sex, national origin, religion, age, or disability.

  53. Tex. Labor Code Sec. 21.125. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE CONSIDERATION OF RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE, OR DISABILITY IN EMPLOYMENT PRACTICES.

  54. Tex. Labor Code Sec. 21.126. COVERAGE OF PREVIOUSLY EXEMPT EMPLOYEES OF THE STATE OR POLITICAL SUBDIVISION OF THE STATE. It is an unlawful employment practice for a person elected to public office in this state or a political subdivision of this state to discriminate because of race, color, sex, national origin, religion, age, or disability against an individual who is an employee or applicant for employment to:

  55. Tex. Labor Code Sec. 21.127. EXPANSION OF RIGHTS TO CHALLENGE DISCRIMINATORY SENIORITY SYSTEMS. With respect to a seniority system adopted for an intentionally discriminatory purpose in violation of this chapter, whether that discriminatory purpose is apparent on the face of the seniority provision, an unlawful employment practice occurs when:

  56. Tex. Labor Code Sec. 21.128. REASONABLE ACCOMMODATION; GOOD FAITH EFFORT.

  57. Tex. Labor Code Sec. 21.129. COURT-ORDERED REMEDIES, AFFIRMATIVE ACTION AGREEMENTS, AND CONCILIATION AGREEMENTS NOT AFFECTED. This chapter does not affect a court-ordered remedy, affirmative action agreement, or conciliation agreement made in accordance with law.

  58. Tex. Labor Code Sec. 21.141. DEFINITIONS. In this subchapter:

  59. Tex. Labor Code Sec. 21.142. UNLAWFUL EMPLOYMENT PRACTICE. An employer commits an unlawful employment practice if sexual harassment of an employee occurs and the employer or the employer's agents or supervisors:

  60. Tex. Labor Code Sec. 21.151. ENFORCEMENT BY ORDINANCE. A political subdivision may adopt and enforce an order or ordinance that prohibits a practice that is unlawful under this chapter, another state law, or federal law.

  61. Tex. Labor Code Sec. 21.152. CREATION OF LOCAL COMMISSION.

  62. Tex. Labor Code Sec. 21.153. GENERAL POWERS AND DUTIES OF LOCAL COMMISSION.

  63. Tex. Labor Code Sec. 21.154. INVESTIGATORY AND CONCILIATORY POWERS OF LOCAL COMMISSION.

  64. Tex. Labor Code Sec. 21.155. REFERRAL TO LOCAL COMMISSION AND ACTION ON COMPLAINTS.

  65. Tex. Labor Code Sec. 21.156. REFERRAL BY LOCAL COMMISSION TO STATE COMMISSION. A local commission may refer a matter under its jurisdiction to the Commission on Human Rights.

  66. Tex. Labor Code Sec. 21.201. FILING OF COMPLAINT; FORM AND CONTENT; SERVICE.

  67. Tex. Labor Code Sec. 21.202. STATUTE OF LIMITATIONS.

  68. Tex. Labor Code Sec. 21.203. ALTERNATIVE DISPUTE RESOLUTION; OFFICE.

  69. Tex. Labor Code Sec. 21.204. INVESTIGATION BY COMMISSION.

  70. Tex. Labor Code Sec. 21.205. LACK OF REASONABLE CAUSE; DISMISSAL OF COMPLAINT.

  71. Tex. Labor Code Sec. 21.206. DETERMINATION OF REASONABLE CAUSE; REVIEW BY COMMISSION.

  72. Tex. Labor Code Sec. 21.207. RESOLUTION BY INFORMAL METHODS.

  73. Tex. Labor Code Sec. 21.208. NOTICE OF DISMISSAL OR UNRESOLVED COMPLAINT. If the commission dismisses a complaint filed under Section 21.201 or does not resolve the complaint before the 181st day after the date the complaint was filed, the commission shall inform the complainant of the dismissal or failure to resolve the complaint in writing by certified mail.

  74. Tex. Labor Code Sec. 21.210. TEMPORARY INJUNCTIVE RELIEF.

  75. Tex. Labor Code Sec. 21.211. ELECTION OF REMEDIES. A person who has initiated an action in a court of competent jurisdiction or who has an action pending before an administrative agency under other law or an order or ordinance of a political subdivision of this state based on an act that would be an unlawful employment practice under this chapter may not file a complaint under this subchapter for the same grievance.

  76. Tex. Labor Code Sec. 21.251. CIVIL ACTION BY COMMISSION.

  77. Tex. Labor Code Sec. 21.252. NOTICE OF COMPLAINANT'S RIGHT TO FILE CIVIL ACTION.

  78. Tex. Labor Code Sec. 21.253. EXPEDITED NOTICE OF COMPLAINANT'S RIGHT TO FILE CIVIL ACTION.

  79. Tex. Labor Code Sec. 21.254. CIVIL ACTION BY COMPLAINANT. Within 60 days after the date a notice of the right to file a civil action is received, the complainant may bring a civil action against the respondent.

  80. Tex. Labor Code Sec. 21.255. COMMISSION'S INTERVENTION IN CIVIL ACTION BY COMPLAINANT. After receipt of a timely application, a court may permit the commission to intervene in a civil action filed under Section 21.254 if:

  81. Tex. Labor Code Sec. 21.256. STATUTE OF LIMITATIONS. A civil action may not be brought under this subchapter later than the second anniversary of the date the complaint relating to the action is filed.

  82. Tex. Labor Code Sec. 21.257. ASSIGNMENT TO EARLY HEARING. The court shall set an action brought under this subchapter for hearing at the earliest practicable date to expedite the action.

  83. Tex. Labor Code Sec. 21.258. INJUNCTION; EQUITABLE RELIEF.

  84. Tex. Labor Code Sec. 21.2585. COMPENSATORY AND PUNITIVE DAMAGES.

  85. Tex. Labor Code Sec. 21.259. ATTORNEY'S FEES; COSTS.

  86. Tex. Labor Code Sec. 21.260. RELIEF FOR DISABLED EMPLOYEE OR APPLICANT. If the affected employee or applicant for employment has a disability, a court shall consider the undue hardship defense, including the reasonableness of the cost of necessary workplace accommodation and the availability of alternatives or other appropriate relief.

  87. Tex. Labor Code Sec. 21.261. COMPELLED COMPLIANCE. If an employer, employment agency, or labor organization fails to comply with a court order issued under this subchapter, a party to the action or the commission, on the written request of a person aggrieved by the failure, may commence proceedings to compel compliance with the order.

  88. Tex. Labor Code Sec. 21.262. TRIAL DE NOVO.

  89. Tex. Labor Code Sec. 21.301. RECORDKEEPING; REPORTS. A person under investigation in connection with a charge filed under this chapter and who is subject to this chapter shall:

  90. Tex. Labor Code Sec. 21.302. RECORDS; TRAINING PROGRAM. The commission by rule shall require that a person subject to this chapter who controls an apprenticeship, on-the-job training, or other training or retraining program:

  91. Tex. Labor Code Sec. 21.303. CONFORMITY TO FEDERAL LAW. A report or record required by the commission under this subchapter must conform to a similar record or report required under 42 U.S.C. Section 2000e-8(c).

  92. Tex. Labor Code Sec. 21.304. CONFIDENTIALITY OF RECORDS. An officer or employee of the commission may not disclose to the public information obtained by the commission under Section 21.204 except in compliance with Section 21.305 and as necessary to the conduct of a proceeding under this chapter.

  93. Tex. Labor Code Sec. 21.305. ACCESS TO COMMISSION RECORDS.

  94. Tex. Labor Code Sec. 21.306. SUBPOENA OF RECORD OR REPORT.

  95. Tex. Labor Code Sec. 21.401. DEFINITIONS. In this subchapter:

  96. Tex. Labor Code Sec. 21.402. DISCRIMINATORY USE OF GENETIC INFORMATION PROHIBITED.

  97. Tex. Labor Code Sec. 21.403. CONFIDENTIALITY OF GENETIC INFORMATION.

  98. Tex. Labor Code Sec. 21.4031. EXCEPTIONS TO CONFIDENTIALITY.

  99. Tex. Labor Code Sec. 21.4032. AUTHORIZED DISCLOSURE. An individual or the legal representative of an individual may authorize disclosure of genetic information relating to the individual by a written authorization that includes:

  100. Tex. Labor Code Sec. 21.404. DISCLOSURE OF TEST RESULTS TO INDIVIDUAL TESTED. An individual who submits to a genetic test has the right to know the results of the test. On the written request by the individual, the entity that performed the test shall disclose the test results to:

  101. Tex. Labor Code Sec. 21.405. DESTRUCTION OF SAMPLE MATERIAL; EXCEPTIONS. A sample of genetic material obtained from an individual for a genetic test shall be destroyed promptly after the purpose for which the sample was obtained is accomplished unless:

  102. Tex. Labor Code Sec. 21.451. DEFINITION. In this subchapter, "state agency" does not include a public junior college as defined by Section 61.003, Education Code.

  103. Tex. Labor Code Sec. 21.452. DEVELOPMENT AND IMPLEMENTATION OF PERSONNEL POLICIES AND PROCEDURES. Each state agency shall develop and implement personnel policies and procedures that comply with this chapter, including personnel selection procedures that incorporate a workforce diversity program.

  104. Tex. Labor Code Sec. 21.453. REVIEW.

  105. Tex. Labor Code Sec. 21.454. COMPLIANCE REPORT. Not later than 60 days after the commission completes the review of a state agency's personnel policies and procedures as required by Section 21.453 and provides its review and any recommendations to the agency, the agency shall submit to the commission, the governor, the legislature, and the Legislative Budget Board a report detailing:

  106. Tex. Labor Code Sec. 21.455. REIMBURSEMENT; AUDIT.

  107. Tex. Labor Code Sec. 21.456. FAILURE TO COMPLY WITH SUBCHAPTER; ADMINISTRATIVE PENALTY.

  108. Tex. Labor Code Sec. 21.501. WORKFORCE ANALYSIS. Each state fiscal biennium, each state agency shall analyze its current workforce and compare the number of African Americans, Hispanic Americans, and females employed by the agency in each job category to the available African Americans, Hispanic Americans, and females in the statewide civilian workforce to determine the percentage of exclusion or underutilization by each job category.

  109. Tex. Labor Code Sec. 21.502. RECRUITMENT PLAN. Based upon a workforce availability analysis under Section 21.501 that demonstrates the exclusion or underutilization of African Americans, Hispanic Americans, and females, or court-ordered remedies, or supervised conciliations or settlement agreements, each state agency, other than a public junior college as defined by Section 61.003, Education Code, shall develop and implement a plan to recruit qualified African Americans, Hispanic Americans, and females. The plan must comply with this chapter. The commission shall monitor state agencies to determine compliance with this section.

  110. Tex. Labor Code Sec. 21.503. EFFECT ON REMEDIES UNDER OTHER LAWS. This subchapter does not affect a remedy, agreement, settlement, or affirmative action plan that has been ordered or approved by a court or that has been adopted in accordance with other law.

  111. Tex. Labor Code Sec. 21.504. ANNUAL REPORT. Not later than November 1 of each calendar year, each state agency shall report to the commission the total number of African Americans, Hispanic Americans, females, and other persons hired for each job category by the agency during the preceding state fiscal year. The commission shall compile this information and submit a report based on the information to the governor and the Legislative Budget Board not later than January 1 of the subsequent calendar year.

  112. Tex. Labor Code Sec. 21.551. DEFINITION. In this subchapter, "racial and ethnic group" means Caucasian American, African American, or Hispanic American.

  113. Tex. Labor Code Sec. 21.552. EQUAL EMPLOYMENT OPPORTUNITY REPORT REQUIRED.

  114. Tex. Labor Code Sec. 21.553. COOPERATION WITH COMPTROLLER AND UNIFORM STATEWIDE ACCOUNTING SYSTEM; REPORT.

  115. Tex. Labor Code Sec. 21.554. FORM. Not later than December 15 of each year, the commission shall notify each state agency of the form to be used to make a report under this subchapter for the following year.

  116. Tex. Labor Code Sec. 21.555. FAILURE TO FILE REQUIRED REPORT; ADMINISTRATIVE PENALTY.

  117. Tex. Labor Code Sec. 21.556. REQUIRED COMPLIANCE TRAINING FOR STATE AGENCIES.

Chapter 22

  1. Tex. Labor Code Sec. 22.001. DEFINITIONS. In this chapter:

  2. Tex. Labor Code Sec. 22.002. DISCRIMINATION PROHIBITED. An employer may not discharge or in any other manner discriminate against an employee who leaves the employee's place of employment to participate in a general public evacuation ordered under an emergency evacuation order.

  3. Tex. Labor Code Sec. 22.003. LIABILITY; REINSTATEMENT.

  4. Tex. Labor Code Sec. 22.004. EXEMPTION; EMERGENCY SERVICES PERSONNEL.

Chapter 23

  1. Tex. Labor Code Sec. 23.001. DEFINITION. In this chapter, "veteran" means an individual who:

  2. Tex. Labor Code Sec. 23.002. VOLUNTARY PREFERENCE POLICY.

  3. Tex. Labor Code Sec. 23.003. APPLICATION OF POLICY.

Local Government

Chapter 1

  1. Tex. Local Government Code Sec. 1.001. PURPOSE OF CODE.

  2. Tex. Local Government Code Sec. 1.002. CONSTRUCTION OF CODE. The Code Construction Act (Chapter 311 of the Government Code) applies to the construction of each provision in this code except as otherwise expressly provided by this code.

  3. Tex. Local Government Code Sec. 1.003. INTERNAL REFERENCES. In this code:

  4. Tex. Local Government Code Sec. 1.004. REFERENCE IN LAW TO STATUTE REVISED BY CODE. A reference in a law to a statute or a part of a statute revised by this code is considered to be a reference to the part of this code that revises that statute or part of the statute.

  5. Tex. Local Government Code Sec. 1.005. DEFINITIONS. In this code:

Chapter 5

  1. Tex. Local Government Code Sec. 5.001. TYPE A GENERAL-LAW MUNICIPALITY. A municipality is a Type A general-law municipality if it:

  2. Tex. Local Government Code Sec. 5.002. TYPE B GENERAL-LAW MUNICIPALITY. A municipality is a Type B general-law municipality if it:

  3. Tex. Local Government Code Sec. 5.003. TYPE C GENERAL-LAW MUNICIPALITY. A municipality is a Type C general-law municipality if it:

  4. Tex. Local Government Code Sec. 5.004. HOME-RULE MUNICIPALITY. A municipality is a home-rule municipality if it operates under a municipal charter that has been adopted or amended as authorized by Article XI, Section 5, of the Texas Constitution.

  5. Tex. Local Government Code Sec. 5.005. SPECIAL-LAW MUNICIPALITY.

  6. Tex. Local Government Code Sec. 5.901. TERRITORIAL REQUIREMENTS FOR INCORPORATION AS GENERAL-LAW MUNICIPALITY. A community may not incorporate as a general-law municipality unless it meets the following territorial requirements:

  7. Tex. Local Government Code Sec. 5.902. CHANGE IN DESIGNATION FROM TOWN TO CITY.

  8. Tex. Local Government Code Sec. 5.903. CHARTER AMENDMENTS BY SPECIAL-LAW MUNICIPALITY INCORPORATED BEFORE JUNE 30, 1881.

  9. Tex. Local Government Code Sec. 5.904. MUNICIPALITY NOT GOVERNED BY CORPORATE LAW.

Chapter 6

  1. Tex. Local Government Code Sec. 6.001. AUTHORITY TO INCORPORATE AS TYPE A GENERAL-LAW MUNICIPALITY. A community may incorporate under this subchapter as a Type A general-law municipality if it:

  2. Tex. Local Government Code Sec. 6.002. INCORPORATION PROCEDURE. The procedure for incorporating as a Type A general-law municipality is the same as that prescribed for incorporating as a Type B general-law municipality.

  3. Tex. Local Government Code Sec. 6.003. EFFECTIVE DATE OF INCORPORATION. The incorporation of the community as a municipality is effective on the date the county judge makes the entry, under Section 7.007, in the records of the commissioners court.

  4. Tex. Local Government Code Sec. 6.011. AUTHORITY TO CHANGE TO TYPE A GENERAL-LAW MUNICIPALITY.

  5. Tex. Local Government Code Sec. 6.012. PROCEDURE FOR CHANGE. If a municipality wishes to change to a Type A general-law municipality:

  6. Tex. Local Government Code Sec. 6.013. REPEAL OF LOCAL LAW AFTER CHANGE. Any local law that incorporated a municipality that changes to a Type A general-law municipality under this subchapter is repealed on the date on which the copy of the record of the proceedings is filed.

  7. Tex. Local Government Code Sec. 6.014. CHANGE DOES NOT AFFECT PRIOR NAME OR STATUS AS BODY CORPORATE. A municipality that changes to a Type A general-law municipality retains the prior name by which it was known and continues to be a body corporate with perpetual succession.

Chapter 7

  1. Tex. Local Government Code Sec. 7.001. AUTHORITY TO INCORPORATE AS TYPE B GENERAL-LAW MUNICIPALITY. A community may incorporate under this chapter as a Type B general-law municipality if it:

  2. Tex. Local Government Code Sec. 7.002. APPLICATION TO INCORPORATE.

  3. Tex. Local Government Code Sec. 7.003. ELECTION ORDER. If satisfactory proof is made that a community that has filed an application to incorporate under this chapter contains the requisite number of inhabitants, the county judge shall order an incorporation election to be held on a specified date and at a designated place in the community.

  4. Tex. Local Government Code Sec. 7.004. ELECTION OFFICERS. The county judge shall appoint an officer to preside at an incorporation election under this chapter. The presiding officer shall appoint two election judges and two election clerks to assist in conducting the election.

  5. Tex. Local Government Code Sec. 7.005. NOTICE OF ELECTION. An incorporation election under this chapter may not be held until notice of the election has been posted at three public places in the community for the 10 days preceding the date of the election.

  6. Tex. Local Government Code Sec. 7.006. QUALIFIED VOTERS. Each qualified voter who resides within the boundaries of the proposed municipality may vote at the election.

  7. Tex. Local Government Code Sec. 7.007. ORDER OF INCORPORATION.

  8. Tex. Local Government Code Sec. 7.008. INTERVAL BETWEEN ELECTIONS. A county judge may not order an incorporation election under this chapter to be held earlier than three years after the date of the most recent incorporation election under this chapter.

Chapter 8

  1. Tex. Local Government Code Sec. 8.001. AUTHORITY TO INCORPORATE AS TYPE C GENERAL-LAW MUNICIPALITY.

  2. Tex. Local Government Code Sec. 8.002. PETITION TO INCORPORATE. The residents of a community may initiate an attempt to incorporate under this subchapter by filing with the county judge a written petition signed by at least 10 percent of the qualified voters of the community. The petition must request the county judge to order an election to determine whether the community will incorporate as a Type C general-law municipality.

  3. Tex. Local Government Code Sec. 8.003. ELECTION ORDER. If a county judge receives the petition and if satisfactory proof is made that the community contains the requisite number of inhabitants, the judge shall order an incorporation election to be held on a specified date and at a designated place in the community.

  4. Tex. Local Government Code Sec. 8.004. ELECTION OFFICERS. The county judge shall appoint two election judges and two election clerks to conduct the incorporation election under this subchapter. The county judge shall designate one of the election judges to be the presiding judge.

  5. Tex. Local Government Code Sec. 8.005. NOTICE OF ELECTION. Notice of an incorporation election under this subchapter must be published in a newspaper in the community before the 30th day before the date of the election, or if there is no newspaper in the community, the notice must be posted at three public places in the community for the 30 days preceding the date of the election.

  6. Tex. Local Government Code Sec. 8.006. ORDER OF INCORPORATION. If a majority of the votes cast in an election under this subchapter are for incorporation, the county judge shall enter an order in the minutes of the commissioners court that the community is incorporated. The incorporation is effective on the date the order is entered.

  7. Tex. Local Government Code Sec. 8.021. AUTHORITY TO CHANGE TO TYPE C GENERAL-LAW MUNICIPALITY.

  8. Tex. Local Government Code Sec. 8.022. PETITION TO CHANGE. The residents of a municipality may initiate an attempt to make the change under this subchapter by filing with the mayor of the municipality a written petition signed by at least 10 percent of the qualified voters of the municipality. The petition must request the mayor to order an election to determine whether the municipality will change to a Type C general-law municipality.

  9. Tex. Local Government Code Sec. 8.023. ELECTION ORDER. If the mayor receives the petition, the mayor shall order an election on the question of the change to be held in the municipality.

  10. Tex. Local Government Code Sec. 8.024. ELECTION OFFICERS. The mayor shall appoint two election judges and two election clerks to conduct the election under this subchapter. The mayor shall designate one of the election judges to be the presiding judge.

  11. Tex. Local Government Code Sec. 8.025. NOTICE OF ELECTION. In addition to the notice required by Chapter 4, Election Code, notice of an election under this subchapter must be published in a newspaper in the municipality before the 30th day before the date of the election, or if there is no newspaper in the municipality, the notice must be posted at three public places in the municipality for the 30 days preceding the date of the election.

  12. Tex. Local Government Code Sec. 8.026. ORDER OF CHANGE. If a majority of the votes cast in an election under this subchapter are for the change, the mayor shall enter an order in the minutes of the municipality's governing body that the municipality is changed. The change is effective from the time the order is entered.

Chapter 9

  1. Tex. Local Government Code Sec. 9.001. ADOPTION OR AMENDMENT OF HOME-RULE CHARTER. This chapter applies to the adoption or amendment of a municipal charter by a municipality authorized to do so by Article XI, Section 5, of the Texas Constitution.

  2. Tex. Local Government Code Sec. 9.0015. DEFINITION. In this chapter, "climate charter" means a charter provision or charter amendment establishing a comprehensive rule or policy statement that purports to address climate change or the municipality's environmental impact, including water and energy use and air pollution.

  3. Tex. Local Government Code Sec. 9.002. SELECTION OF CHARTER COMMISSION.

  4. Tex. Local Government Code Sec. 9.003. VOTE ON CHARTER.

  5. Tex. Local Government Code Sec. 9.004. CHARTER AMENDMENTS.

  6. Tex. Local Government Code Sec. 9.0045. APPROVAL OF CLIMATE CHARTER OR AMENDMENT TO CHARTER BY LEGISLATURE REQUIRED. A municipality may not hold an election for voter approval of a proposed climate charter unless the legislature adopts a resolution approving the proposed climate charter.

  7. Tex. Local Government Code Sec. 9.005. ADOPTION OF CHARTER OR AMENDMENT.

  8. Tex. Local Government Code Sec. 9.006. CONCURRENT ELECTIONS. This chapter does not prevent the voters at an election to adopt a charter or an amendment to a charter from electing at the same election persons to hold office under the charter or amendment.

  9. Tex. Local Government Code Sec. 9.007. CERTIFICATION OF CHARTER OR AMENDMENT.

  10. Tex. Local Government Code Sec. 9.008. REGISTRATION OF CHARTER OR AMENDMENT; EFFECT.

Chapter 21

  1. Tex. Local Government Code Sec. 21.001. ELECTION OF ALDERMEN BY PLACE SYSTEM IN GENERAL-LAW MUNICIPALITY.

  2. Tex. Local Government Code Sec. 21.002. REFERENCES TO MUNICIPAL GOVERNING BODY AND TO MEMBERS OF MUNICIPAL GOVERNING BODY. A reference in this code or another statute:

  3. Tex. Local Government Code Sec. 21.003. MEMBERS OF MUNICIPAL GOVERNING BODIES MAY VOLUNTEER. A member of the governing body of a municipality may serve as a volunteer for an organization that protects the health, safety, or welfare of the municipality regardless of whether the organization is funded or supported in whole or part by the municipality if the governing body adopts a resolution allowing members of the governing body to perform service of that nature.

  4. Tex. Local Government Code Sec. 21.005. CHOICE OF UNIFORM ELECTION DATE FOR NEWLY INCORPORATED MUNICIPALITY. Not later than the first anniversary of the date of its incorporation, a newly incorporated municipality shall select a uniform election date under Section 41.001, Election Code, to use for the general election of the members of the municipality's governing body.

  5. Tex. Local Government Code Sec. 21.006. ELECTION OF ENTIRE GOVERNING BODY UPON APPORTIONMENT.

  6. Tex. Local Government Code Sec. 21.021. APPLICABILITY. This subchapter applies only to a general-law municipality.

  7. Tex. Local Government Code Sec. 21.022. DEFINITIONS. In this subchapter:

  8. Tex. Local Government Code Sec. 21.023. REMOVAL FROM OFFICE. The district judge may remove an officer of the municipality from office as provided by this subchapter.

  9. Tex. Local Government Code Sec. 21.024. NO REMOVAL BEFORE ACTION. An officer may not be removed under this subchapter for an act the officer committed before election to office if the act was a matter of public record or otherwise known to the voters.

  10. Tex. Local Government Code Sec. 21.025. GENERAL GROUNDS FOR REMOVAL.

  11. Tex. Local Government Code Sec. 21.026. PETITION FOR REMOVAL.

  12. Tex. Local Government Code Sec. 21.027. CITATION OF OFFICER.

  13. Tex. Local Government Code Sec. 21.028. BOND.

  14. Tex. Local Government Code Sec. 21.029. TRIAL.

  15. Tex. Local Government Code Sec. 21.030. APPEAL.

  16. Tex. Local Government Code Sec. 21.031. REMOVAL BY CRIMINAL CONVICTION.

  17. Tex. Local Government Code Sec. 21.032. REELECTION PROHIBITED FOR CERTAIN PERIOD. An officer removed under this subchapter is not eligible for reelection to the same office before the second anniversary of the date of the removal.

  18. Tex. Local Government Code Sec. 21.101. REMOVAL BY RECALL ELECTION AUTHORIZED. A member of the governing body of a general-law municipality with a population of less than 3,000 located in a county that borders the United Mexican States and contains a municipality with a population of more than 500,000 may be removed from office through a recall election initiated by petition as provided by this subchapter.

  19. Tex. Local Government Code Sec. 21.102. PETITION.

  20. Tex. Local Government Code Sec. 21.103. REVIEW OF PETITION.

  21. Tex. Local Government Code Sec. 21.104. ELECTION.

  22. Tex. Local Government Code Sec. 21.105. CLERK. In this subchapter, a municipal clerk includes a municipal secretary or any other officer of the municipality who performs the duties of a municipal clerk or secretary.

Chapter 22

  1. Tex. Local Government Code Sec. 22.001. CHAPTER APPLICABLE TO TYPE A GENERAL-LAW MUNICIPALITY. This chapter applies only to a Type A general-law municipality.

  2. Tex. Local Government Code Sec. 22.002. CONTINUATION OF OFFICES IN MUNICIPALITY CHANGING TO TYPE A GENERAL-LAW MUNICIPALITY. If a municipality changes to a Type A general-law municipality under Subchapter B of Chapter 6, the officers serving in the municipality on the date of the change shall continue in office until their offices are superseded in conformity to the law applying to Type A general-law municipalities.

  3. Tex. Local Government Code Sec. 22.003. DATE OF MUNICIPAL ELECTION. An election for officers of the municipality shall be held annually, except as otherwise provided by law, in each ward of the municipality on an authorized uniform election date as provided by Chapter 41, Election Code.

  4. Tex. Local Government Code Sec. 22.004. PLURALITY VOTE REQUIRED FOR ELECTION OF MUNICIPAL OFFICER. To be elected to an office of the municipality, a person must receive more votes than any other person for the office.

  5. Tex. Local Government Code Sec. 22.005. OATH FOR ELECTED OR APPOINTED OFFICER.

  6. Tex. Local Government Code Sec. 22.006. DATE ON WHICH OFFICERS BEGIN TO PERFORM DUTIES. A newly elected municipal officer may exercise the duties of office beginning on the fifth day after the date of the election, excluding Sundays.

  7. Tex. Local Government Code Sec. 22.007. VACANCY CREATED ON FAILURE TO QUALIFY. If a municipal officer-elect fails to qualify for office within 30 days after the date of the officer's election, the office is considered vacant.

  8. Tex. Local Government Code Sec. 22.008. DISQUALIFICATION FROM OFFICE.

  9. Tex. Local Government Code Sec. 22.009. REMOVAL FROM OFFICE FOR MISAPPROPRIATION OF SPECIAL FUNDS. A municipal officer who misappropriates money in a special fund created by the municipality under Section 101.004 is guilty of malfeasance in office. On the complaint of a person who has an interest in the affected funds, the officer shall be removed from office and is ineligible to hold any office in that municipality after removal.

  10. Tex. Local Government Code Sec. 22.010. FILLING VACANCY ON GOVERNING BODY OR IN OTHER MUNICIPAL OFFICE.

  11. Tex. Local Government Code Sec. 22.011. FILLING VACANCY IN MUNICIPAL OFFICE UNDER SPECIAL CIRCUMSTANCES. If a vacancy occurs in a municipal office by a resignation or in another manner and if the vacancy cannot be filled as provided by other law, the commissioners court of the county in which the municipality is located shall order an election to fill the vacancy if the court is petitioned to do so by at least 26 taxpaying voters residing in the municipality.

  12. Tex. Local Government Code Sec. 22.012. RESIGNATION OF ELECTED OR APPOINTED MUNICIPAL OFFICER. A municipal officer elected or appointed under this chapter may resign by submitting the resignation in writing to the governing body of the municipality. The resignation is subject to the approval and acceptance of the governing body. However, a person who is appointed by the mayor may submit the written resignation to the mayor for the mayor's action.

  13. Tex. Local Government Code Sec. 22.031. COMPOSITION OF GOVERNING BODY; WARD SYSTEM OPTIONAL.

  14. Tex. Local Government Code Sec. 22.032. QUALIFICATIONS OF MEMBERS OF GOVERNING BODY.

  15. Tex. Local Government Code Sec. 22.033. GOVERNING BODY TO JUDGE ELECTION AND QUALIFICATION OF MEMBERS. The governing body of the municipality is the judge of the election and qualifications of its members.

  16. Tex. Local Government Code Sec. 22.034. INITIAL ELECTION AND TERM OF OFFICE.

  17. Tex. Local Government Code Sec. 22.035. REGULAR TERM OF OFFICE. The mayor and aldermen of the municipality are elected for a term of two years unless a longer term is established under Article XI, Section 11, of the Texas Constitution.

  18. Tex. Local Government Code Sec. 22.036. INSTALLATION OF GOVERNING BODY. On the fifth day after the date of the election, excluding Sundays, or as soon as possible after that fifth day, the newly elected governing body of the municipality shall meet at the usual meeting place and shall be installed.

  19. Tex. Local Government Code Sec. 22.037. MAYOR AS PRESIDING OFFICER; PRESIDENT PRO TEMPORE.

  20. Tex. Local Government Code Sec. 22.038. MEETINGS.

  21. Tex. Local Government Code Sec. 22.039. QUORUM. A majority of the number of aldermen established by Section 22.031 for the municipality constitutes a quorum. However, at a called meeting or at a meeting to consider the imposition of taxes, two-thirds of the number of aldermen established by that section constitutes a quorum unless provided otherwise.

  22. Tex. Local Government Code Sec. 22.040. CHANGE OF WARDS.

  23. Tex. Local Government Code Sec. 22.041. VACANCY ON GOVERNING BODY IS CREATED.

  24. Tex. Local Government Code Sec. 22.042. POWERS AND DUTIES OF MAYOR.

  25. Tex. Local Government Code Sec. 22.043. PETITIONS AND REMONSTRANCES PRESENTED TO GOVERNING BODY. Petitions and remonstrances may be presented to the governing body of the municipality and must be in writing.

  26. Tex. Local Government Code Sec. 22.071. OTHER MUNICIPAL OFFICERS.

  27. Tex. Local Government Code Sec. 22.072. POWERS AND DUTIES OF MUNICIPAL OFFICERS; BOND.

  28. Tex. Local Government Code Sec. 22.073. POWERS AND DUTIES OF SECRETARY.

  29. Tex. Local Government Code Sec. 22.074. CERTIFICATION OF SECRETARIES.

  30. Tex. Local Government Code Sec. 22.075. BOND AND DUTIES OF TREASURER.

  31. Tex. Local Government Code Sec. 22.076. BOND OF MARSHAL; ABOLITION OF OFFICE.

  32. Tex. Local Government Code Sec. 22.077. REMOVAL OF MUNICIPAL OFFICERS.

Chapter 23

  1. Tex. Local Government Code Sec. 23.001. CHAPTER APPLICABLE TO TYPE B GENERAL-LAW MUNICIPALITY. This chapter applies only to a Type B general-law municipality.

  2. Tex. Local Government Code Sec. 23.002. FILLING VACANCY IN MUNICIPAL OFFICE.

  3. Tex. Local Government Code Sec. 23.021. INITIAL ELECTION OF GOVERNING BODY AND MARSHAL. Immediately after the municipality has incorporated, the county judge of the county in which the municipality is located shall order an election for a mayor, five aldermen, and a marshal.

  4. Tex. Local Government Code Sec. 23.022. INITIAL MAYOR. Immediately after election returns for the initial election for municipal officers have been made, the county judge shall commission the candidate who received the highest number of votes for the office of mayor.

  5. Tex. Local Government Code Sec. 23.023. REGULAR ANNUAL ELECTION.

  6. Tex. Local Government Code Sec. 23.024. QUALIFICATIONS OF GOVERNING BODY AND MARSHAL; BOND FOR MARSHAL.

  7. Tex. Local Government Code Sec. 23.025. INITIAL TERM OF OFFICE. The mayor, aldermen, and marshal elected at the initial election under Section 23.021 hold office until their successors have been duly elected at the following annual municipal election and have qualified.

  8. Tex. Local Government Code Sec. 23.026. REGULAR TERM OF OFFICE.

  9. Tex. Local Government Code Sec. 23.027. PRESIDENT; PRESIDENT PRO TEMPORE.

  10. Tex. Local Government Code Sec. 23.028. QUORUM.

  11. Tex. Local Government Code Sec. 23.029. ABOLITION OF OFFICE OF MARSHAL. The governing body of a municipality with a population of less than 5,000 by ordinance may abolish the office of marshal and, by the same ordinance, confer the duties of the office on a municipal police officer appointed as the governing body directs or on any other peace officer of the county. However, an elected marshal may not be removed from office under this section.

  12. Tex. Local Government Code Sec. 23.051. OTHER MUNICIPAL OFFICERS. The governing body of the municipality may appoint officers, other than the mayor, aldermen, or marshal, as necessary to carry out the municipality's functions under this code.

  13. Tex. Local Government Code Sec. 23.052. DUTIES OF MUNICIPAL OFFICERS; BOND.

  14. Tex. Local Government Code Sec. 23.053. REMOVAL OF MUNICIPAL OFFICERS. The governing body of the municipality may dismiss at any time the officers that it appoints under this subchapter and may appoint others in their places.

Chapter 24

  1. Tex. Local Government Code Sec. 24.001. CHAPTER APPLICABLE TO TYPE C GENERAL-LAW MUNICIPALITY. This chapter applies only to a Type C general-law municipality.

  2. Tex. Local Government Code Sec. 24.021. INITIAL ELECTION OF GOVERNING BODY OF COMMUNITY INCORPORATING AS TYPE C GENERAL-LAW MUNICIPALITY; INITIAL TERM.

  3. Tex. Local Government Code Sec. 24.022. INITIAL ELECTION OF GOVERNING BODY OF MUNICIPALITY CHANGING TO TYPE C GENERAL-LAW MUNICIPALITY; INITIAL TERM.

  4. Tex. Local Government Code Sec. 24.023. REGULAR TERM OF OFFICE; REGULAR ELECTION DATE.

  5. Tex. Local Government Code Sec. 24.024. BOND OF MAYOR AND COMMISSIONERS.

  6. Tex. Local Government Code Sec. 24.025. MEETINGS.

  7. Tex. Local Government Code Sec. 24.026. FILLING VACANCY ON GOVERNING BODY.

  8. Tex. Local Government Code Sec. 24.051. OTHER MUNICIPAL OFFICERS; DUTIES.

  9. Tex. Local Government Code Sec. 24.052. CLERK AND TAX ASSESSOR-COLLECTOR; BOND; POWERS AND DUTIES.

  10. Tex. Local Government Code Sec. 24.053. ABOLITION OF MUNICIPAL OFFICE; DISCHARGE OF OFFICER OR EMPLOYEE. At any time, the governing body of the municipality may abolish an office that it creates and may discharge an officer, clerk, or employee that it appoints.

  11. Tex. Local Government Code Sec. 24.071. CHANGE FROM COMMISSION FORM OF GOVERNMENT TO ANOTHER FORM.

Chapter 25

  1. Tex. Local Government Code Sec. 25.001. CHAPTER APPLICABLE TO GENERAL-LAW MUNICIPALITY WITH POPULATION OF LESS THAN 5,000. This chapter applies only to a general-law municipality with a population of less than 5,000.

  2. Tex. Local Government Code Sec. 25.021. ADOPTION OF CITY MANAGER FORM OF GOVERNMENT. The municipality, by first holding an election on the question, may adopt the city manager form of government.

  3. Tex. Local Government Code Sec. 25.022. PETITION.

  4. Tex. Local Government Code Sec. 25.023. PROCLAMATION ORDERING ELECTION.

  5. Tex. Local Government Code Sec. 25.024. NOTICE OF ELECTION. A copy of the proclamation must be posted in at least five conspicuous places in the municipality for at least the 10 days preceding election day.

  6. Tex. Local Government Code Sec. 25.025. ELECTION; ADOPTION.

  7. Tex. Local Government Code Sec. 25.026. APPOINTMENT OF CITY MANAGER. If the city manager form of government is adopted, the governing body of the municipality shall appoint a city manager within 60 days after the election day and by ordinance shall set the manager's salary.

  8. Tex. Local Government Code Sec. 25.027. QUALIFICATIONS OF CITY MANAGER.

  9. Tex. Local Government Code Sec. 25.028. TERM OF OFFICE. The city manager is appointed by and serves at the will of the governing body of the municipality.

  10. Tex. Local Government Code Sec. 25.029. POWERS AND DUTIES OF CITY MANAGER; BOND.

  11. Tex. Local Government Code Sec. 25.051. OTHER MUNICIPAL OFFICERS.

  12. Tex. Local Government Code Sec. 25.071. ABANDONING CITY MANAGER FORM OF GOVERNMENT.

  13. Tex. Local Government Code Sec. 25.072. DUTIES OF GOVERNING BODY IF CITY MANAGER FORM IS ABANDONED.

Chapter 26

  1. Tex. Local Government Code Sec. 26.001. CHAPTER APPLICABLE TO HOME-RULE MUNICIPALITY. This chapter applies only to a home-rule municipality.

  2. Tex. Local Government Code Sec. 26.021. FORM OF GOVERNMENT. The municipality may adopt and operate under any form of government, including the aldermanic or commission form.

  3. Tex. Local Government Code Sec. 26.041. CREATION OF MUNICIPAL OFFICES. The municipality may:

  4. Tex. Local Government Code Sec. 26.042. DATE FOR ELECTION OF OFFICERS. The governing body of the municipality may set the date of election for municipal officers in accordance with applicable provisions of the Election Code.

  5. Tex. Local Government Code Sec. 26.043. FILLING VACANCY IN ELECTIVE OFFICE IN MUNICIPALITY WITH POPULATION OF 384,000 OR MORE.

  6. Tex. Local Government Code Sec. 26.044. ELECTION FROM SINGLE-MEMBER AND AT-LARGE DISTRICTS; LIMITATION ON YEARS OF SERVICE.

  7. Tex. Local Government Code Sec. 26.045. FILLING VACANCY ON GOVERNING BODY OF MUNICIPALITY WITH POPULATION OF 1.5 MILLION OR MORE.

  8. Tex. Local Government Code Sec. 26.046. SIZE OF GOVERNING BODY: CERTAIN MUNICIPALITIES.

  9. Tex. Local Government Code Sec. 26.047. FILLING VACANCY IN OFFICE OF MAYOR. Unless otherwise provided by the charter of the municipality or this chapter, a person serving as a member of the governing body of the municipality is not, because of that service, ineligible to be appointed to fill a vacancy in the office of mayor of the municipality, but the person may not vote on the person's own appointment.

Chapter 41

  1. Tex. Local Government Code Sec. 41.001. MAP OF MUNICIPAL BOUNDARIES AND EXTRATERRITORIAL JURISDICTION.

  2. Tex. Local Government Code Sec. 41.0015. NOTICE OF MUNICIPAL BOUNDARY CHANGE.

  3. Tex. Local Government Code Sec. 41.002. BOUNDARY SURVEY IN GENERAL-LAW MUNICIPALITIES.

  4. Tex. Local Government Code Sec. 41.003. INCLUSION OF AREA RECEIVING LONGSTANDING TREATMENT AS PART OF MUNICIPALITY.

  5. Tex. Local Government Code Sec. 41.004. BOUNDARIES NOT AFFECTED BY CHANGE TO TYPE A GENERAL-LAW MUNICIPALITY. If a municipality changes to a Type A general-law municipality under Subchapter B of Chapter 6, the boundaries of the municipality remain the same as they existed under the law governing the municipality before the change. After the change, the boundaries are subject to the law governing Type A general-law municipalities.

Chapter 42

  1. Tex. Local Government Code Sec. 42.001. PURPOSE OF EXTRATERRITORIAL JURISDICTION. The legislature declares it the policy of the state to designate certain areas as the extraterritorial jurisdiction of municipalities to promote and protect the general health, safety, and welfare of persons residing in and adjacent to the municipalities.

  2. Tex. Local Government Code Sec. 42.021. EXTENT OF EXTRATERRITORIAL JURISDICTION.

  3. Tex. Local Government Code Sec. 42.022. EXPANSION OF EXTRATERRITORIAL JURISDICTION.

  4. Tex. Local Government Code Sec. 42.0225. EXTRATERRITORIAL JURISDICTION AROUND CERTAIN MUNICIPALLY OWNED PROPERTY.

  5. Tex. Local Government Code Sec. 42.023. REDUCTION OF EXTRATERRITORIAL JURISDICTION. The extraterritorial jurisdiction of a municipality may not be reduced unless the governing body of the municipality gives its written consent by ordinance or resolution, except:

  6. Tex. Local Government Code Sec. 42.0235. LIMITATION ON EXTRATERRITORIAL JURISDICTION OF CERTAIN MUNICIPALITIES.

  7. Tex. Local Government Code Sec. 42.024. TRANSFER OF EXTRATERRITORIAL JURISDICTION BETWEEN CERTAIN MUNICIPALITIES.

  8. Tex. Local Government Code Sec. 42.025. RELEASE OF EXTRATERRITORIAL JURISDICTION BY CERTAIN MUNICIPALITIES.

  9. Tex. Local Government Code Sec. 42.0251. RELEASE OF EXTRATERRITORIAL JURISDICTION BY CERTAIN GENERAL-LAW MUNICIPALITIES.

  10. Tex. Local Government Code Sec. 42.026. LIMITATION ON EXTRATERRITORIAL JURISDICTION OF CERTAIN MUNICIPALITIES.

  11. Tex. Local Government Code Sec. 42.041. MUNICIPAL INCORPORATION IN EXTRATERRITORIAL JURISDICTION GENERALLY.

  12. Tex. Local Government Code Sec. 42.0411. MUNICIPAL INCORPORATION IN EXTRATERRITORIAL JURISDICTION OF CERTAIN MUNICIPALITIES.

  13. Tex. Local Government Code Sec. 42.042. CREATION OF POLITICAL SUBDIVISION TO SUPPLY WATER OR SEWER SERVICES, ROADWAYS, OR DRAINAGE FACILITIES IN EXTRATERRITORIAL JURISDICTION.

  14. Tex. Local Government Code Sec. 42.0425. ADDITION OF LAND IN EXTRATERRITORIAL JURISDICTION OF MUNICIPALITY TO CERTAIN POLITICAL SUBDIVISIONS.

  15. Tex. Local Government Code Sec. 42.043. REQUIREMENTS APPLYING TO PETITION.

  16. Tex. Local Government Code Sec. 42.044. CREATION OF INDUSTRIAL DISTRICT IN EXTRATERRITORIAL JURISDICTION.

  17. Tex. Local Government Code Sec. 42.045. CREATION OF POLITICAL SUBDIVISION IN INDUSTRIAL DISTRICT.

  18. Tex. Local Government Code Sec. 42.046. DESIGNATION OF A PLANNED UNIT DEVELOPMENT DISTRICT IN EXTRATERRITORIAL JURISDICTION.

  19. Tex. Local Government Code Sec. 42.047. CREATION OF A POLITICAL SUBDIVISION IN AN AREA PROPOSED FOR A PLANNED UNIT DEVELOPMENT DISTRICT. If the governing body of a municipality that has disannexed territory previously annexed for limited purposes refuses to designate a planned unit development district under Section 42.046 no later than 180 days after the date a request for the designation is filed with the municipality by the owner of the land to be included in the planned unit development district, the municipality shall be considered to have given the consent required by Section 42.041 to the incorporation of a proposed municipality including within its boundaries all or some of such land. If consent to incorporation is granted by this subsection, the consenting municipality waives all rights to challenge the proposed incorporation in any court.

  20. Tex. Local Government Code Sec. 42.049. AUTHORITY OF WELLS BRANCH MUNICIPAL UTILITY DISTRICT.

  21. Tex. Local Government Code Sec. 42.101. APPLICABILITY. This subchapter does not apply to an area located:

  22. Tex. Local Government Code Sec. 42.102. AUTHORITY TO FILE PETITION FOR RELEASE.

  23. Tex. Local Government Code Sec. 42.103. APPLICABILITY OF OTHER LAW. Chapter 277, Election Code, applies to a petition requesting removal under this subchapter.

  24. Tex. Local Government Code Sec. 42.104. PETITION REQUIREMENTS.

  25. Tex. Local Government Code Sec. 42.105. RESULTS OF PETITION.

  26. Tex. Local Government Code Sec. 42.151. APPLICABILITY. This subchapter does not apply to an area located:

  27. Tex. Local Government Code Sec. 42.152. AUTHORITY TO REQUEST ELECTION FOR RELEASE.

  28. Tex. Local Government Code Sec. 42.153. ELECTION.

  29. Tex. Local Government Code Sec. 42.154. RESULTS OF ELECTION.

  30. Tex. Local Government Code Sec. 42.155. RELEASE OF AREA AS RESULT OF ELECTION.

  31. Tex. Local Government Code Sec. 42.156. VOLUNTARY RELEASE. Instead of holding an election under Section 42.153, the municipality may voluntarily release the area for which the election is to be held from the municipality's extraterritorial jurisdiction before the date on which the election would have been held under Section 42.153(a).

  32. Tex. Local Government Code Sec. 42.157. OPT OUT OF REMOVAL. Before an area is released from a municipality's extraterritorial jurisdiction under this subchapter, a landowner in the area to be released must be provided the opportunity to have the landowner's property remain within the municipality's extraterritorial jurisdiction.

  33. Tex. Local Government Code Sec. 42.901. APPORTIONMENT OF EXTRATERRITORIAL JURISDICTIONS THAT OVERLAPPED ON AUGUST 23, 1963.

  34. Tex. Local Government Code Sec. 42.902. RESTRICTION AGAINST IMPOSING TAX IN EXTRATERRITORIAL JURISDICTION. The inclusion of an area in the extraterritorial jurisdiction of a municipality does not by itself authorize the municipality to impose a tax in the area.

  35. Tex. Local Government Code Sec. 42.9025. RESTRICTION ON IMPOSING FINE OR FEE IN CERTAIN AREAS IN EXTRATERRITORIAL JURISDICTION.

  36. Tex. Local Government Code Sec. 42.903. EXTRATERRITORIAL JURISDICTION OF CERTAIN TYPE B OR C GENERAL-LAW MUNICIPALITIES.

  37. Tex. Local Government Code Sec. 42.904. EXTRATERRITORIAL JURISDICTION AND VOTING RIGHTS IN CERTAIN MUNICIPALITIES.

Chapter 43

  1. Tex. Local Government Code Sec. 43.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 43.002. CONTINUATION OF LAND USE.

  3. Tex. Local Government Code Sec. 43.003. AUTHORITY OF HOME-RULE MUNICIPALITY TO ANNEX AREA AND TAKE OTHER ACTIONS REGARDING BOUNDARIES. A home-rule municipality may take the following actions according to rules as may be provided by the charter of the municipality and not inconsistent with the requirements prescribed by this chapter:

  4. Tex. Local Government Code Sec. 43.004. ANNEXATION BY DEFUNDING MUNICIPALITY PROHIBITED; EXCEPTION.

  5. Tex. Local Government Code Sec. 43.005. REQUIRED DISCLOSURE BEFORE ANNEXATION AGREEMENT.

  6. Tex. Local Government Code Sec. 43.0115. AUTHORITY OF CERTAIN MUNICIPALITIES TO ANNEX ENCLAVES.

  7. Tex. Local Government Code Sec. 43.0116. AUTHORITY OF MUNICIPALITY TO ANNEX INDUSTRIAL DISTRICTS.

  8. Tex. Local Government Code Sec. 43.0117. AUTHORITY OF MUNICIPALITY TO ANNEX AREA NEAR MILITARY BASE.

  9. Tex. Local Government Code Sec. 43.012. AUTHORITY OF TYPE A GENERAL-LAW MUNICIPALITY TO ANNEX AREA IT OWNS. The governing body of a Type A general-law municipality by ordinance may annex area that the municipality owns under the procedures prescribed by Subchapter C-1. The ordinance must describe the area by metes and bounds and must be entered in the minutes of the governing body.

  10. Tex. Local Government Code Sec. 43.013. AUTHORITY OF MUNICIPALITY TO ANNEX NAVIGABLE STREAM. The governing body of a municipality by ordinance may annex any navigable stream adjacent to the municipality and within the municipality's extraterritorial jurisdiction under the procedures prescribed by Subchapter C-1.

  11. Tex. Local Government Code Sec. 43.014. AUTHORITY TO ANNEX LIMITED TO EXTRATERRITORIAL JURISDICTION. A municipality may annex area only in its extraterritorial jurisdiction unless the municipality owns the area.

  12. Tex. Local Government Code Sec. 43.015. AUTHORITY OF ADJACENT MUNICIPALITIES TO CHANGE BOUNDARIES BY AGREEMENT. Adjacent municipalities may make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width.

  13. Tex. Local Government Code Sec. 43.016. AUTHORITY OF MUNICIPALITY TO ANNEX AREA QUALIFIED FOR AGRICULTURAL OR WILDLIFE MANAGEMENT USE OR AS TIMBER LAND.

  14. Tex. Local Government Code Sec. 43.017. PROHIBITION AGAINST ANNEXATION TO SURROUND MUNICIPALITY IN CERTAIN COUNTIES. A municipality with a population of more than 175,000 located in a county that contains an international border and borders the Gulf of Mexico may not annex an area that would cause another municipality to be entirely surrounded by the corporate limits or extraterritorial jurisdiction of the annexing municipality.

  15. Tex. Local Government Code Sec. 43.0505. APPLICABILITY.

  16. Tex. Local Government Code Sec. 43.052. MUNICIPAL ANNEXATION PLAN REQUIRED.

  17. Tex. Local Government Code Sec. 43.054. WIDTH REQUIREMENTS.

  18. Tex. Local Government Code Sec. 43.0545. ANNEXATION OF CERTAIN ADJACENT AREAS.

  19. Tex. Local Government Code Sec. 43.055. MAXIMUM AMOUNT OF ANNEXATION EACH YEAR.

  20. Tex. Local Government Code Sec. 43.056. PROVISION OF SERVICES TO ANNEXED AREA.

  21. Tex. Local Government Code Sec. 43.0561. ANNEXATION HEARING REQUIREMENTS.

  22. Tex. Local Government Code Sec. 43.0565. ACCESS TO SERVICES BY CERTAIN MUNICIPALITIES IN ANNEXED AREA.

  23. Tex. Local Government Code Sec. 43.057. ANNEXATION THAT SURROUNDS AREA: FINDINGS REQUIRED. If a proposed annexation would cause an area to be entirely surrounded by the annexing municipality but would not include the area within the municipality, the governing body of the municipality must find, before completing the annexation, that surrounding the area is in the public interest.

  24. Tex. Local Government Code Sec. 43.061. APPLICABILITY.

  25. Tex. Local Government Code Sec. 43.062. PROCEDURES APPLICABLE.

  26. Tex. Local Government Code Sec. 43.063. ANNEXATION HEARING REQUIREMENTS.

  27. Tex. Local Government Code Sec. 43.0635. MAP REQUIREMENT FOR PROPOSED ANNEXATION. In addition to the notice requirements under Section 43.063, a home-rule municipality, before the municipality may institute annexation proceedings, shall create, or contract for the creation of, and make publicly available a digital map that identifies the area proposed for annexation and any area that would be newly included in the municipality's extraterritorial jurisdiction as a result of the proposed annexation. A digital map required under this section must be made available without charge and in a format widely used by common geographic information system software or in any other widely used electronic format if the municipality does not have common geographic information system software. If the municipality maintains an Internet website, the municipality shall make the digital map available on the municipality's website.

  28. Tex. Local Government Code Sec. 43.064. PERIOD FOR COMPLETION OF ANNEXATION. The annexation of an area must be completed within 90 days after the date the governing body institutes the annexation proceedings or those proceedings are void. Any period during which the municipality is restrained or enjoined by a court from annexing the area is not included in computing the 90-day period.

  29. Tex. Local Government Code Sec. 43.065. PROVISION OF SERVICES TO ANNEXED AREA.

  30. Tex. Local Government Code Sec. 43.0661. PROVISION OF CERTAIN SERVICES TO ANNEXED AREA.

  31. Tex. Local Government Code Sec. 43.0662. AUTHORITY OF MUNICIPALITY WITH POPULATION OF 74,000 TO 99,700 IN URBAN COUNTY TO ANNEX SMALL, SURROUNDED GENERAL-LAW MUNICIPALITY.

  32. Tex. Local Government Code Sec. 43.0663. EFFECT ON OTHER LAW. Subchapters C-3 through C-5 do not affect the procedures described by Section 397.005 or 397.006 applicable to a defense community as defined by Section 397.001.

  33. Tex. Local Government Code Sec. 43.0671. AUTHORITY TO ANNEX AREA ON REQUEST OF OWNERS. Notwithstanding Subchapter C-4 or C-5, a municipality may annex an area if each owner of land in the area requests the annexation.

  34. Tex. Local Government Code Sec. 43.0672. WRITTEN AGREEMENT REGARDING SERVICES.

  35. Tex. Local Government Code Sec. 43.0673. PUBLIC HEARING.

  36. Tex. Local Government Code Sec. 43.0681. AUTHORITY TO ANNEX. A municipality may annex an area with a population of less than 200 only if the following conditions are met, as applicable:

  37. Tex. Local Government Code Sec. 43.0682. RESOLUTION. The governing body of the municipality that proposes to annex an area under this subchapter must adopt a resolution that includes:

  38. Tex. Local Government Code Sec. 43.0683. NOTICE OF PROPOSED ANNEXATION. Not later than the seventh day after the date the governing body of the municipality adopts the resolution under Section 43.0682, the municipality must mail to each resident and property owner in the area proposed to be annexed notification of the proposed annexation that includes:

  39. Tex. Local Government Code Sec. 43.0684. PUBLIC HEARING. The governing body of a municipality must conduct at least one public hearing not earlier than the 21st day and not later than the 30th day after the date the governing body adopts the resolution under Section 43.0682.

  40. Tex. Local Government Code Sec. 43.0685. PETITION.

  41. Tex. Local Government Code Sec. 43.0686. RESULTS OF PETITION.

  42. Tex. Local Government Code Sec. 43.0687. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION. If a petition protesting the annexation of an area under this subchapter is signed by a number of registered voters of the municipality proposing the annexation equal to at least 50 percent of the number of voters who voted in the most recent municipal election and is received by the secretary of the municipality before the date the petition period prescribed by Section 43.0685 ends, the municipality may not complete the annexation of the area without approval of a majority of the voters of the municipality voting at an election called and held for that purpose.

  43. Tex. Local Government Code Sec. 43.0688. RETALIATION FOR ANNEXATION DISAPPROVAL PROHIBITED.

  44. Tex. Local Government Code Sec. 43.0691. AUTHORITY TO ANNEX. A municipality may annex an area with a population of 200 or more only if the following conditions are met, as applicable:

  45. Tex. Local Government Code Sec. 43.0692. RESOLUTION. The governing body of the municipality that proposes to annex an area under this subchapter must adopt a resolution that includes:

  46. Tex. Local Government Code Sec. 43.0693. NOTICE OF PROPOSED ANNEXATION. Not later than the seventh day after the date the governing body of the municipality adopts the resolution under Section 43.0692, the municipality must mail to each property owner in the area proposed to be annexed notification of the proposed annexation that includes:

  47. Tex. Local Government Code Sec. 43.0694. PUBLIC HEARINGS.

  48. Tex. Local Government Code Sec. 43.0695. PROPERTY OWNER CONSENT REQUIRED FOR CERTAIN AREAS.

  49. Tex. Local Government Code Sec. 43.0696. ELECTION.

  50. Tex. Local Government Code Sec. 43.0697. RESULTS OF ELECTION AND PETITION.

  51. Tex. Local Government Code Sec. 43.0698. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION. If a petition protesting the annexation of an area under this subchapter is signed by a number of registered voters of the municipality proposing the annexation equal to at least 50 percent of the number of voters who voted in the most recent municipal election and is received by the secretary of the municipality before the date the election required by this subchapter is held, the municipality may not complete the annexation of the area without approval of a majority of the voters of the municipality voting at a separate election called and held for that purpose.

  52. Tex. Local Government Code Sec. 43.0699. RETALIATION FOR ANNEXATION DISAPPROVAL PROHIBITED.

  53. Tex. Local Government Code Sec. 43.071. AUTHORITY TO ANNEX WATER OR SEWER DISTRICT.

  54. Tex. Local Government Code Sec. 43.0712. INVALIDATION OF ANNEXATION OF SPECIAL DISTRICT; REIMBURSEMENT OF DEVELOPER.

  55. Tex. Local Government Code Sec. 43.0715. ANNEXATION OF WATER-RELATED SPECIAL DISTRICT: REIMBURSEMENT OF LANDOWNER OR DEVELOPER; CONTINUATION OF DISTRICT AND TAXING AUTHORITY.

  56. Tex. Local Government Code Sec. 43.072. AUTHORITY TO ANNEX MUNICIPAL UTILITY DISTRICT BY HOME-RULE MUNICIPALITY.

  57. Tex. Local Government Code Sec. 43.073. ABOLITION OF, OR DIVISION OF FUNCTIONS OF, LEVEE IMPROVEMENT DISTRICT ANNEXED BY MUNICIPALITY WITH POPULATION OF MORE THAN 500,000.

  58. Tex. Local Government Code Sec. 43.074. ABOLITION OF WATER-RELATED SPECIAL DISTRICT CREATED WHOLLY IN MUNICIPALITY.

  59. Tex. Local Government Code Sec. 43.075. ABOLITION OF, OR DIVISION OF FUNCTIONS OF, WATER-RELATED SPECIAL DISTRICT THAT BECOMES PART OF NOT MORE THAN ONE MUNICIPALITY.

  60. Tex. Local Government Code Sec. 43.0751. STRATEGIC PARTNERSHIPS FOR CONTINUATION OF CERTAIN DISTRICTS.

  61. Tex. Local Government Code Sec. 43.07515. REGULATION OF FIREWORKS UNDER STRATEGIC PARTNERSHIP AGREEMENT LAW.

  62. Tex. Local Government Code Sec. 43.0753. REGIONAL DEVELOPMENT AGREEMENTS.

  63. Tex. Local Government Code Sec. 43.0754. REGIONAL PARTICIPATION AGREEMENTS.

  64. Tex. Local Government Code Sec. 43.0755. PROCEDURES FOR INCORPORATION OR ESTABLISHMENT OF ANOTHER FORM OF LOCAL GOVERNMENT FOR CERTAIN AREAS SUBJECT TO REGIONAL PARTICIPATION AGREEMENT.

  65. Tex. Local Government Code Sec. 43.076. ABOLITION OF WATER-RELATED SPECIAL DISTRICT THAT BECOMES PART OF MORE THAN ONE MUNICIPALITY.

  66. Tex. Local Government Code Sec. 43.0761. PROVISION OF WATER AND SANITARY SEWER UTILITY SERVICE.

  67. Tex. Local Government Code Sec. 43.079. CONSENT REQUIREMENT FOR ANNEXATION OF AREA IN CERTAIN CONSERVATION AND RECLAMATION DISTRICTS.

  68. Tex. Local Government Code Sec. 43.080. MUNICIPAL BONDS USED TO CARRY OUT PURPOSES OF ABOLISHED CONSERVATION AND RECLAMATION DISTRICT.

  69. Tex. Local Government Code Sec. 43.081. CONTINUATION OF CERTAIN MUNICIPAL WATER BOARDS ON ANNEXATION OF WATER CONTROL AND IMPROVEMENT DISTRICT.

  70. Tex. Local Government Code Sec. 43.082. ANNEXATION BY CERTAIN MUNICIPALITIES OF LAND OWNED BY NAVIGATION DISTRICT. A municipality with a population of less than 30,000, that is in a county that borders the Gulf of Mexico and that is adjacent to a county with a population of one million or more, and that seeks to annex land owned by a navigation district operating under Section 59, Article XVI, Texas Constitution, must have the consent of the district to annex the land.

  71. Tex. Local Government Code Sec. 43.083. ANNEXATION BY CERTAIN MUNICIPALITIES THAT OPERATE MUNICIPALLY OWNED WATER UTILITY.

  72. Tex. Local Government Code Sec. 43.101. ANNEXATION OF MUNICIPALLY OWNED RESERVOIR.

  73. Tex. Local Government Code Sec. 43.102. ANNEXATION OF MUNICIPALLY OWNED AIRPORT.

  74. Tex. Local Government Code Sec. 43.1025. ANNEXATION OF NONCONTIGUOUS MUNICIPALLY OWNED AIRPORT BY CERTAIN MUNICIPALITIES.

  75. Tex. Local Government Code Sec. 43.1055. ANNEXATION OF ROAD RIGHTS-OF-WAY ON REQUEST OR WITHOUT OBJECTION OF OWNER OR MAINTAINING POLITICAL SUBDIVISION.

  76. Tex. Local Government Code Sec. 43.1056. ANNEXATION OF CONTIGUOUS OR CONNECTING RIGHTS-OF-WAY.

  77. Tex. Local Government Code Sec. 43.1057. ANNEXATION OF AREA ADJACENT TO CONTIGUOUS OR CONNECTING RAILROAD RIGHT-OF-WAY.

  78. Tex. Local Government Code Sec. 43.106. ANNEXATION OF COUNTY ROADS REQUIRED IN CERTAIN CIRCUMSTANCES.

  79. Tex. Local Government Code Sec. 43.121. AUTHORITY OF POPULOUS HOME-RULE MUNICIPALITIES TO ANNEX FOR LIMITED PURPOSES; OTHER AUTHORITY NOT AFFECTED.

  80. Tex. Local Government Code Sec. 43.1211. USE OF CONSENT PROCEDURES TO ANNEX FOR LIMITED PURPOSES. Except as provided by Section 43.0751, beginning December 1, 2017, a municipality described by Section 43.121(a) may annex an area for the limited purposes of applying its planning, zoning, health, and safety ordinances in the area using the procedures under Subchapter C-3, C-4, or C-5, as applicable.

  81. Tex. Local Government Code Sec. 43.122. CERTAIN STRIP ANNEXATIONS PROHIBITED. A municipality may not annex for limited purposes any strip of territory, including a strip following the course of a road, highway, river, stream, or creek, that is, at its narrowest point, less than 1,000 feet in width and is located farther than three miles from the preexisting boundaries of the municipality, unless the area is annexed under Section 43.129.

  82. Tex. Local Government Code Sec. 43.123. REPORT REGARDING PLANNING STUDY AND REGULATORY PLAN.

  83. Tex. Local Government Code Sec. 43.124. PUBLIC HEARINGS.

  84. Tex. Local Government Code Sec. 43.125. ADOPTION OF REGULATORY PLAN.

  85. Tex. Local Government Code Sec. 43.126. PERIOD FOR COMPLETION OF ANNEXATION. The annexation of an area for limited purposes must be completed within 90 days after the date the governing body institutes the annexation proceedings.

  86. Tex. Local Government Code Sec. 43.127. ANNEXATION FOR FULL PURPOSES.

  87. Tex. Local Government Code Sec. 43.128. JUDICIAL REMEDIES: FORCED ANNEXATION OR DISANNEXATION.

  88. Tex. Local Government Code Sec. 43.129. CONSENSUAL ANNEXATION. The municipality may annex for limited purposes any land for which the landowner requests annexation and provides to the municipality before the effective date of the annexation the landowner's written consent to annexation for limited purposes. With respect to any larger parcels of property, consent of the owners of at least 51 percent of the total affected territory must be evidenced by appropriate signatures on the limited-purpose annexation request. A landowner's written consent to limited-purpose annexation is binding on all future owners of land in the area annexed for limited purposes pursuant to the consent.

  89. Tex. Local Government Code Sec. 43.130. EFFECT OF ANNEXATION ON VOTING RIGHTS, ELIGIBILITY FOR OFFICE, AND TAXING AUTHORITY.

  90. Tex. Local Government Code Sec. 43.131. EFFECT OF ANNEXATION ON EXTRATERRITORIAL JURISDICTION. The annexation of an area for limited purposes does not extend the municipality's extraterritorial jurisdiction.

  91. Tex. Local Government Code Sec. 43.132. MUNICIPAL INCORPORATION IN ANNEXED AREA. A municipality may not be incorporated in an area annexed for limited purposes unless the annexing municipality gives its consent.

  92. Tex. Local Government Code Sec. 43.136. AUTHORITY OF SPECIAL-LAW MUNICIPALITY TO ANNEX FOR LIMITED PURPOSES ALONG NAVIGABLE STREAM.

  93. Tex. Local Government Code Sec. 43.141. DISANNEXATION FOR FAILURE TO PROVIDE SERVICES.

  94. Tex. Local Government Code Sec. 43.142. DISANNEXATION ACCORDING TO MUNICIPAL CHARTER IN HOME-RULE MUNICIPALITY. A home-rule municipality may disannex an area in the municipality according to rules as may be provided by the charter of the municipality and not inconsistent with the procedural rules prescribed by this chapter.

  95. Tex. Local Government Code Sec. 43.143. DISANNEXATION BY PETITION AND ELECTION IN GENERAL-LAW MUNICIPALITY.

  96. Tex. Local Government Code Sec. 43.144. DISANNEXATION OF SPARSELY POPULATED AREA IN GENERAL-LAW MUNICIPALITY.

  97. Tex. Local Government Code Sec. 43.145. DISANNEXATION OF UNIMPROVED AREA OR NONTAXABLE AREA IN CERTAIN MUNICIPALITIES.

  98. Tex. Local Government Code Sec. 43.146. DISANNEXATION OF LAND IN A MUNICIPAL UTILITY DISTRICT. Notwithstanding any provision of any other law related to the annexation or disannexation of territory, including but not limited to the requirement that the minimum width of any territory annexed be at least 1,000 feet in width, a municipality that has exercised limited purpose annexation may disannex any land located within a municipal utility district. Such disannexation shall not affect the validity of the annexation of other territory. Such municipality may refund any taxes paid or waive any taxes due to the municipality by the owners of the property disannexed pursuant to the provisions of this section.

  99. Tex. Local Government Code Sec. 43.1463. DISANNEXATION OF AREAS ANNEXED DURING TRANSITION FROM NONCONSENT TO CONSENT ANNEXATION MODEL.

  100. Tex. Local Government Code Sec. 43.1465. DISANNEXATION FROM DEFUNDING MUNICIPALITY.

  101. Tex. Local Government Code Sec. 43.147. WIDTH REQUIREMENT FOR DISANNEXATION.

  102. Tex. Local Government Code Sec. 43.148. REFUND OF TAXES AND FEES.

  103. Tex. Local Government Code Sec. 43.201. DEFINITIONS. In this subchapter:

  104. Tex. Local Government Code Sec. 43.202. APPLICABILITY. This subchapter applies to:

  105. Tex. Local Government Code Sec. 43.203. ALTERATION OF ANNEXATION STATUS.

  106. Tex. Local Government Code Sec. 43.901. CIRCUMSTANCES IN WHICH CONSENT TO BOUNDARIES OR ANNEXATION IS PRESUMED. A municipal ordinance defining boundaries of or annexing area to a municipality is conclusively presumed to have been adopted with the consent of all appropriate persons, except another municipality, if:

  107. Tex. Local Government Code Sec. 43.902. ANNEXATION, EXTRATERRITORIAL JURISDICTION, AND EMINENT DOMAIN ON INACCESSIBLE GULF ISLAND.

  108. Tex. Local Government Code Sec. 43.903. EFFECT OF ANNEXATION ON RAILROAD SWITCHING LIMITS OR RATES. An annexation by a municipality does not change or otherwise affect the switching limits of a railroad or any rates of a railroad.

  109. Tex. Local Government Code Sec. 43.905. EFFECT OF ANNEXATION ON OPERATION OF SCHOOL DISTRICT.

  110. Tex. Local Government Code Sec. 43.9051. EFFECT OF ANNEXATION ON PUBLIC ENTITIES OR POLITICAL SUBDIVISIONS.

  111. Tex. Local Government Code Sec. 43.907. EFFECT OF ANNEXATION ON COLONIAS.

  112. Tex. Local Government Code Sec. 43.908. ENFORCEMENT OF CHAPTER.

Chapter 51

  1. Tex. Local Government Code Sec. 51.001. ORDINANCE, RULE, OR REGULATION NECESSARY TO CARRY OUT OTHER POWERS. The governing body of a municipality may adopt, publish, amend, or repeal an ordinance, rule, or police regulation that:

  2. Tex. Local Government Code Sec. 51.002. ORDINANCE OR RULES INCONSISTENT WITH STATE LAW PROHIBITED. Notwithstanding Section 51.001, the governing body of a municipality may adopt, enforce, or maintain an ordinance or rule only if the ordinance or rule is consistent with the laws of this state.

  3. Tex. Local Government Code Sec. 51.003. MUNICIPAL ACT OR PROCEEDING PRESUMED VALID.

  4. Tex. Local Government Code Sec. 51.011. SUBCHAPTER APPLICABLE TO TYPE A GENERAL-LAW MUNICIPALITY. This subchapter applies only to a Type A general-law municipality.

  5. Tex. Local Government Code Sec. 51.012. ORDINANCES AND REGULATIONS. The municipality may adopt an ordinance, act, law, or regulation, not inconsistent with state law, that is necessary for the government, interest, welfare, or good order of the municipality as a body politic.

  6. Tex. Local Government Code Sec. 51.013. AUTHORITY RELATING TO LAWSUITS. The municipality may sue and be sued, implead and be impleaded, and answer and be answered in any matter in any court or other place.

  7. Tex. Local Government Code Sec. 51.014. AUTHORITY TO CONTRACT. The municipality may contract with other persons.

  8. Tex. Local Government Code Sec. 51.015. AUTHORITY TO HOLD, PURCHASE, LEASE, OR CONVEY PROPERTY.

  9. Tex. Local Government Code Sec. 51.016. ADOPTION AND USE OF SEAL. The municipality may adopt a corporate seal for the use of the municipality. The municipality may change and renew the seal.

  10. Tex. Local Government Code Sec. 51.017. CONTINUATION OF POWERS, DUTIES, PENALTIES, AND SUITS AFTER CHANGE TO TYPE A GENERAL-LAW MUNICIPALITY.

  11. Tex. Local Government Code Sec. 51.018. OWNERSHIP AND SALE OF PROPERTY AFTER CHANGE TO TYPE A GENERAL-LAW MUNICIPALITY.

  12. Tex. Local Government Code Sec. 51.031. SUBCHAPTER APPLICABLE TO TYPE B GENERAL-LAW MUNICIPALITY. This subchapter applies only to a Type B general-law municipality.

  13. Tex. Local Government Code Sec. 51.032. ORDINANCES AND BYLAWS.

  14. Tex. Local Government Code Sec. 51.033. AUTHORITY RELATING TO LAWSUITS. The municipality may sue and be sued and may plead and be impleaded.

  15. Tex. Local Government Code Sec. 51.034. AUTHORITY TO HOLD AND DISPOSE OF PROPERTY. The municipality may hold and dispose of:

  16. Tex. Local Government Code Sec. 51.035. AUTHORITY, DUTIES, PRIVILEGES. A Type B general-law municipality has the same authority, duties, and privileges as a Type A general-law municipality, unless the Type B general-law municipality in exercising the authority or privilege or performing the duty would be in conflict with another provision of this code or other state law that relates specifically to Type B general-law municipalities.

  17. Tex. Local Government Code Sec. 51.051. GENERAL POWERS OF TYPE C GENERAL-LAW MUNICIPALITY.

  18. Tex. Local Government Code Sec. 51.052. ALTERNATIVE GENERAL POWERS FOR CERTAIN TYPE C GENERAL-LAW MUNICIPALITIES.

  19. Tex. Local Government Code Sec. 51.071. SUBCHAPTER APPLICABLE TO HOME-RULE MUNICIPALITY. This subchapter applies only to a home-rule municipality.

  20. Tex. Local Government Code Sec. 51.072. AUTHORITY OF LOCAL SELF-GOVERNMENT.

  21. Tex. Local Government Code Sec. 51.073. ADOPTION OF CHARTER DOES NOT AFFECT RIGHTS AND CLAIMS. The adoption or amendment of the municipality's charter does not affect any previously existing property, action, right of action, claim, or demand involving the municipality. A right of action, claim, or demand may be asserted as fully as though the adoption or amendment of the charter had not occurred.

  22. Tex. Local Government Code Sec. 51.074. PERPETUAL SUCCESSION. The municipality may act in perpetual succession as a body politic.

  23. Tex. Local Government Code Sec. 51.075. AUTHORITY RELATING TO LAWSUITS. The municipality may plead and be impleaded in any court.

  24. Tex. Local Government Code Sec. 51.076. AUTHORITY RELATING TO PROPERTY.

  25. Tex. Local Government Code Sec. 51.077. LIABILITY FOR DAMAGES. The municipality may adopt rules, as it considers advisable, governing the municipality's liability for damages caused to a person or property. The municipality may provide for its exemption from liability.

  26. Tex. Local Government Code Sec. 51.078. PRESERVATION OF CERTAIN POWERS GRANTED BEFORE 1913. Powers granted before July 1, 1913, to a municipality by general law or special law continue to be powers of the municipality after it adopts a home-rule charter if the powers are made a part of the charter.

  27. Tex. Local Government Code Sec. 51.079. RESTRICTIONS APPLYING TO NONBINDING REFERENDUM.

Chapter 52

  1. Tex. Local Government Code Sec. 52.001. SUBCHAPTER APPLICABLE TO TYPE A GENERAL-LAW MUNICIPALITY. This subchapter applies only to a Type A general-law municipality.

  2. Tex. Local Government Code Sec. 52.002. STYLE.

  3. Tex. Local Government Code Sec. 52.003. APPROVAL BY MAYOR AND RELATED CONDITIONS FOR ORDINANCE TO TAKE EFFECT.

  4. Tex. Local Government Code Sec. 52.004. OFFICIAL NEWSPAPER.

  5. Tex. Local Government Code Sec. 52.011. TYPE A GENERAL-LAW MUNICIPALITY.

  6. Tex. Local Government Code Sec. 52.012. TYPE B GENERAL-LAW MUNICIPALITY.

  7. Tex. Local Government Code Sec. 52.013. HOME-RULE MUNICIPALITIES.

Chapter 53

  1. Tex. Local Government Code Sec. 53.001. ADOPTION OF CODE.

  2. Tex. Local Government Code Sec. 53.002. PUBLICATION OF ADOPTION ORDINANCE.

  3. Tex. Local Government Code Sec. 53.003. SUBDIVISION OF CODE. A code of municipal ordinances may be subdivided into chapters, titles, articles, or sections at the discretion of the governing body of the municipality.

  4. Tex. Local Government Code Sec. 53.004. CHANGE OR REPEAL OF ORDINANCE. If a change in a municipality's form of government and designation of offices and officers necessitates the change or repeal of an ordinance or part of an ordinance being codified, the municipality may amend, omit, or repeal the ordinance in the codification to conform it to the municipality's present form of government without separately reenacting, repealing, or amending the source ordinance.

  5. Tex. Local Government Code Sec. 53.005. EFFECT OF CODIFICATION.

  6. Tex. Local Government Code Sec. 53.006. PRINTED CODE AS EVIDENCE.

Chapter 54

  1. Tex. Local Government Code Sec. 54.001. GENERAL ENFORCEMENT AUTHORITY OF MUNICIPALITIES; PENALTY.

  2. Tex. Local Government Code Sec. 54.002. IMPOSITION OF FINE IN TYPE B GENERAL-LAW MUNICIPALITY.

  3. Tex. Local Government Code Sec. 54.003. REMISSION OF FINE BY TYPE A GENERAL-LAW MUNICIPALITY. On a two-thirds vote of the members present, the governing body of a Type A general-law municipality may remit a fine or a penalty, or a part of a fine or penalty, imposed or incurred under law or under an ordinance or resolution adopted in accordance with law.

  4. Tex. Local Government Code Sec. 54.004. PRESERVATION OF HEALTH, PROPERTY, GOOD GOVERNMENT, AND ORDER IN HOME-RULE MUNICIPALITY. A home-rule municipality may enforce ordinances necessary to protect health, life, and property and to preserve the good government, order, and security of the municipality and its inhabitants.

  5. Tex. Local Government Code Sec. 54.005. NOTICES TO CERTAIN PROPERTY OWNERS.

  6. Tex. Local Government Code Sec. 54.006. NONSEVERABILITY OF CERTAIN CONSOLIDATED OFFENSES. Section 3.04(a), Penal Code, does not apply to two or more offenses consolidated or joined for trial under Section 3.02, Penal Code, if each of the offenses is:

  7. Tex. Local Government Code Sec. 54.012. CIVIL ACTION. A municipality may bring a civil action for the enforcement of an ordinance:

  8. Tex. Local Government Code Sec. 54.013. JURISDICTION; VENUE. Jurisdiction and venue of an action under this subchapter are in the district court or the county court at law of the county in which the municipality bringing the action is located.

  9. Tex. Local Government Code Sec. 54.014. PREFERENTIAL SETTING. If the municipality submits to the court a verified motion that includes facts that demonstrate that a delay will unreasonably endanger persons or property, the court shall give a preference to the action brought by the municipality when setting cases filed under this subchapter.

  10. Tex. Local Government Code Sec. 54.015. PROCEDURE.

  11. Tex. Local Government Code Sec. 54.0155. EXPEDITED PROCEEDINGS FOR CERTAIN CIVIL ACTIONS.

  12. Tex. Local Government Code Sec. 54.016. INJUNCTION.

  13. Tex. Local Government Code Sec. 54.017. CIVIL PENALTY.

  14. Tex. Local Government Code Sec. 54.018. ACTION FOR REPAIR OR DEMOLITION OF STRUCTURE.

  15. Tex. Local Government Code Sec. 54.019. IMPRISONMENT; CONTEMPT.

  16. Tex. Local Government Code Sec. 54.020. ABATEMENT OF FLOODPLAIN VIOLATION IN MUNICIPALITIES; LIEN.

  17. Tex. Local Government Code Sec. 54.031. SUBCHAPTER APPLICABLE TO CERTAIN MUNICIPALITIES. This subchapter applies to a municipality that by ordinance implements the subchapter.

  18. Tex. Local Government Code Sec. 54.032. ORDINANCES SUBJECT TO QUASI-JUDICIAL ENFORCEMENT. This subchapter applies only to ordinances:

  19. Tex. Local Government Code Sec. 54.033. BUILDING AND STANDARDS COMMISSION.

  20. Tex. Local Government Code Sec. 54.034. PROCEEDINGS OF COMMISSION PANELS.

  21. Tex. Local Government Code Sec. 54.035. NOTICE.

  22. Tex. Local Government Code Sec. 54.036. FUNCTIONS. A commission panel may:

  23. Tex. Local Government Code Sec. 54.037. CIVIL PENALTY.

  24. Tex. Local Government Code Sec. 54.038. VOTE. A majority vote of the members voting on a matter is necessary to take any action under this subchapter and any ordinance adopted by the municipality in accordance with this subchapter.

  25. Tex. Local Government Code Sec. 54.039. JUDICIAL REVIEW.

  26. Tex. Local Government Code Sec. 54.040. LIEN; ABSTRACT.

  27. Tex. Local Government Code Sec. 54.041. COMMISSION PANEL DECISION FINAL. If no appeals are taken from the decision of the commission panel within the required period, the decision of the commission panel is, in all things, final and binding.

  28. Tex. Local Government Code Sec. 54.042. MUNICIPAL COURT PROCEEDING NOT AFFECTED. This subchapter does not affect the ability of a municipality to proceed under the jurisdiction of the municipal court.

  29. Tex. Local Government Code Sec. 54.043. ALTERNATIVE ADJUDICATION PROCESSES. A municipality by ordinance may adopt a civil adjudication process, as an alternative to the enforcement process prescribed by the other provisions of this subchapter, for the enforcement of ordinances described by Section 54.032. The alternative process must contain provisions relating to notice, the conduct of proceedings, permissible orders, penalties, and judicial review that are similar to the provisions of this subchapter.

  30. Tex. Local Government Code Sec. 54.044. ALTERNATIVE PROCEDURE FOR ADMINISTRATIVE HEARING.

Chapter 61

  1. Tex. Local Government Code Sec. 61.001. AUTHORITY TO CONSOLIDATE. The following municipalities may consolidate under one government in the manner provided by this chapter:

  2. Tex. Local Government Code Sec. 61.002. CONSOLIDATION ELECTION. A consolidation of municipalities under this chapter must be approved at an election ordered and held for that purpose.

  3. Tex. Local Government Code Sec. 61.003. PETITIONS TO CONSOLIDATE; ELECTION ORDERS.

  4. Tex. Local Government Code Sec. 61.004. SEQUENCE OF ELECTIONS; ELECTION DATES.

  5. Tex. Local Government Code Sec. 61.005. CONDUCT OF ELECTION. A consolidation election shall be conducted under the ordinances of the municipality holding the election and in conformity with the laws of this state.

  6. Tex. Local Government Code Sec. 61.006. APPROVAL AND REGISTRATION OF CONSOLIDATION.

  7. Tex. Local Government Code Sec. 61.007. CERTIFICATION OF CONSOLIDATION. If a majority of the votes received in each municipality favor consolidation, as soon as practicable after the returns are made, the mayor or chief executive officer in each municipality shall certify to the secretary of state an authenticated copy of the returns under the municipality's seal showing the approval of the consolidation by the voters of the municipality. The secretary of state shall file the authenticated copy and record it in a separate book the secretary of state shall keep for the purpose.

  8. Tex. Local Government Code Sec. 61.008. EFFECT OF CONSOLIDATION. In a consolidation under this chapter, the smaller municipalities:

  9. Tex. Local Government Code Sec. 61.009. MERGER OF CONSOLIDATED MUNICIPALITIES.

  10. Tex. Local Government Code Sec. 61.010. INTERVAL BETWEEN ELECTIONS. If a majority of the votes in a consolidation election in any municipality do not favor consolidation, another consolidation election involving the same municipalities may not be held within two years after the date the consolidation proposition was defeated.

Chapter 62

  1. Tex. Local Government Code Sec. 62.001. ABOLITION OF CORPORATE EXISTENCE. A special-law municipality with 10,000 or fewer inhabitants or a general-law municipality may abolish its corporate existence as provided by this subchapter.

  2. Tex. Local Government Code Sec. 62.002. PETITION AND ELECTION.

  3. Tex. Local Government Code Sec. 62.003. ELECTION ORDER; CONDUCT OF ELECTION. The election shall be ordered, conducted, and canvassed in the same manner as is required for an election to incorporate the municipality, except that the mayor of the municipality shall perform all acts that would be performed by the county judge.

  4. Tex. Local Government Code Sec. 62.004. DECLARATION OF ABOLITION; CERTIFICATION. If a majority of the votes received in an abolition election are for abolition, the mayor of the municipality shall declare the municipality abolished and certify the abolition to the commissioners court of the county in which the municipality is located. The commissioners court shall enter the abolition order in its minutes, at which time the municipality ceases to exist.

  5. Tex. Local Government Code Sec. 62.041. APPLICATION FOR AND APPOINTMENT OF RECEIVER.

  6. Tex. Local Government Code Sec. 62.042. NOTICE OF APPLICATION. Before a judge may appoint a receiver, written notice stating the substance of the application for the appointment of the receiver and when and before whom the application will be heard must be posted at three or more public places in the county in which the municipality is located, one of which must be in the municipality itself.

  7. Tex. Local Government Code Sec. 62.043. BOND.

  8. Tex. Local Government Code Sec. 62.044. FILING AND RECORDING ORDER AND BOND. The district clerk of the county in which the abolished municipality is located shall file the receiver's bond and the order appointing the receiver with the minutes of the court, and the clerk shall record the order and the bond in the minutes.

  9. Tex. Local Government Code Sec. 62.045. DUTIES AND AUTHORITY.

  10. Tex. Local Government Code Sec. 62.046. COMPENSATION. A court appointing a receiver under this subchapter may authorize compensation for the receiver.

  11. Tex. Local Government Code Sec. 62.081. PRESENTATION OF CLAIMS. A person who has a claim against an abolished municipality must present a verified statement of the amount of the claim to the receiver within six months after the date the receiver is appointed.

  12. Tex. Local Government Code Sec. 62.082. NOTICE OF CLAIMS.

  13. Tex. Local Government Code Sec. 62.083. APPROVAL OF CLAIMS. If the receiver of an abolished municipality determines a claim is correct, the receiver shall mark it as allowed and file it in the district court. The court shall also approve the claim at its next regular term if no protest is filed. On approval by the court, the claim is a valid debt of the municipality.

  14. Tex. Local Government Code Sec. 62.084. COMPLETE OR PARTIAL DISALLOWANCE OF CLAIM.

  15. Tex. Local Government Code Sec. 62.085. TAXPAYER PROTEST.

  16. Tex. Local Government Code Sec. 62.086. SUITS TO ESTABLISH CLAIMS.

  17. Tex. Local Government Code Sec. 62.087. ALLOWANCE AND APPROVAL OF ESTABLISHED CLAIMS. A receiver of an abolished municipality shall allow, and a district court shall approve, a claim that is established by a judgment against the receiver.

  18. Tex. Local Government Code Sec. 62.088. LIABILITY FOR COSTS.

  19. Tex. Local Government Code Sec. 62.089. LIMITATIONS.

  20. Tex. Local Government Code Sec. 62.090. PAYMENT OF CLAIMS. The court in which the receivership of an abolished municipality is pending shall:

  21. Tex. Local Government Code Sec. 62.091. ADDITIONAL TAX.

  22. Tex. Local Government Code Sec. 62.092. ASSESSMENT AND COLLECTION OF TAX.

  23. Tex. Local Government Code Sec. 62.093. DELINQUENT TAXES. A receiver for an abolished municipality may bring suit against a delinquent taxpayer and enforce a lien against the taxpayer's property in the same manner as if the corporate existence of the municipality had not been abolished and the levy and assessment had been made by the municipality's governing body and assessor.

  24. Tex. Local Government Code Sec. 62.094. DISTRIBUTION OF ASSETS.

  25. Tex. Local Government Code Sec. 62.121. ADMINISTRATION OF PUBLIC SCHOOLS. If at the time a municipality is abolished under this chapter the public schools of the municipality are managed by trustees appointed or elected by the voters of the municipality or by its governing body, the trustees shall continue to manage the schools for the remainder of their appointive or elective term.

  26. Tex. Local Government Code Sec. 62.122. TAXES. A receiver for an abolished municipality shall collect all unpaid taxes levied before the date of abolition for municipal or school purposes, together with any penalties or interest that is due. The receiver shall pay the part of the taxes levied for maintaining the public schools to the trustees of the school district, who shall use the taxes for the purpose for which they were levied.

  27. Tex. Local Government Code Sec. 62.123. PUBLIC PROPERTY. If a municipality abolished under this chapter owns public buildings, public parks, public works, or other public property on the date of abolition and the property is not sold or disposed of under this chapter, the commissioners court shall manage and control the property for the purposes for which the property was originally used and intended. In managing and controlling the property, the commissioners court may exercise the powers originally given by charter to the governing body of the municipality.

  28. Tex. Local Government Code Sec. 62.161. SETTLEMENT BY CORPORATE OFFICERS.

  29. Tex. Local Government Code Sec. 62.162. SETTLEMENT BY TRUSTEES.

  30. Tex. Local Government Code Sec. 62.163. ACTION FOR DEBT.

  31. Tex. Local Government Code Sec. 62.201. PETITION FOR ABOLITION. After the 120th day after the date a municipality ceases to have any persons residing within its boundaries, the owners of a majority of the land within the municipality may file a petition with a district court of the county in which all or a majority of the land in the municipality is located requesting the court to abolish the municipality.

  32. Tex. Local Government Code Sec. 62.202. HEARING.

  33. Tex. Local Government Code Sec. 62.203. ABOLITION ORDER. At the conclusion of the hearing or within 10 days after the date the hearing is concluded, the district judge shall issue an order declaring the municipality to be abolished if the judge finds that a valid petition was filed and no persons reside within the municipality. The municipality ceases to exist on the date the order is issued.

  34. Tex. Local Government Code Sec. 62.204. NOTICE TO COMMISSIONERS COURT. On the issuance of the order abolishing the municipality, the district judge shall certify the abolition to the commissioners court of the county in which all or a majority of the land in the abolished municipality is located.

Chapter 71

  1. Tex. Local Government Code Sec. 71.001. CORPORATE AND POLITICAL BODY. A county is a corporate and political body.

  2. Tex. Local Government Code Sec. 71.002. PLACE FOR HOLDING TERMS OF COURTS IN NEW COUNTY BEFORE COUNTY SEAT IS DESIGNATED. Until the county seat of a new county is established, the terms of the district, county, and commissioners courts of the county shall be held at the place designated by the commissioners court.

  3. Tex. Local Government Code Sec. 71.011. APPLICATION AND ELECTION.

  4. Tex. Local Government Code Sec. 71.012. ELECTION RESULTS.

  5. Tex. Local Government Code Sec. 71.013. SUBSEQUENT ELECTION. If the election is held in a county and the proposition to detach part of the county is defeated at the election, a subsequent election for the same purpose may not be ordered or held within five years after the date of the initial election.

  6. Tex. Local Government Code Sec. 71.021. ATTACHMENT OF COUNTIES.

  7. Tex. Local Government Code Sec. 71.022. ESTABLISHMENT OF PRECINCTS.

  8. Tex. Local Government Code Sec. 71.023. ELECTION OF COUNTY OFFICERS.

  9. Tex. Local Government Code Sec. 71.024. ORGANIZATION OF ATTACHED COUNTY. On the written petition of at least 75 qualified voters who are residents of a disorganized county, the commissioners court of the county to which the disorganized county is attached for judicial or other purposes shall legally organize the county without delay in the manner provided by this subchapter for the organization of new counties.

  10. Tex. Local Government Code Sec. 71.025. DELIVERY TO NEW OFFICERS. The officers of a county from which a new county has been created or to which a newly organized county has been attached and all other persons who have in their possession books, records, maps, or other property that belongs to the new county shall deliver the material to the proper officers of the new county within five days after the date on which the new officers legally qualify.

  11. Tex. Local Government Code Sec. 71.031. LIABILITY OF NEW COUNTY.

  12. Tex. Local Government Code Sec. 71.032. SUIT TO ENFORCE PAYMENT OF LIABILITY.

  13. Tex. Local Government Code Sec. 71.033. TAX TO PAY INDEBTEDNESS.

  14. Tex. Local Government Code Sec. 71.034. LIABILITY OF ATTACHED TERRITORY.

  15. Tex. Local Government Code Sec. 71.035. COUNTY BONDS HELD BY SCHOOL FUND.

Chapter 72

  1. Tex. Local Government Code Sec. 72.001. BOUNDARY SURVEY; APPOINTMENT OF SURVEYOR.

  2. Tex. Local Government Code Sec. 72.002. NOTICE TO ADJACENT COUNTY; APPOINTMENT OF ADDITIONAL SURVEYOR.

  3. Tex. Local Government Code Sec. 72.003. BOUNDARY MARKERS.

  4. Tex. Local Government Code Sec. 72.004. DUTIES OF SURVEYOR; FIELD NOTES.

  5. Tex. Local Government Code Sec. 72.005. OATH AND BOND OF SURVEYOR.

  6. Tex. Local Government Code Sec. 72.006. PAYMENT OF EXPENSES.

  7. Tex. Local Government Code Sec. 72.007. EFFECT OF FAILURE OF APPOINTED SURVEYOR TO APPEAR. If either of the surveyors appointed under Sections 72.001 and 72.002 is absent at the time and place scheduled for the beginning of the survey, the surveyor who is present shall conduct the survey alone and shall deliver the survey report to the county court that appointed that surveyor. On approval by that court, the report shall be recorded as evidence of the boundary line in question and shall be treated as the true boundary between the counties.

  8. Tex. Local Government Code Sec. 72.008. EFFECT OF FAILURE TO AGREE ON BOUNDARY.

  9. Tex. Local Government Code Sec. 72.009. SUIT TO ESTABLISH BOUNDARIES.

  10. Tex. Local Government Code Sec. 72.010. SUIT TO ESTABLISH BOUNDARIES OF AND TAXES OWED TO CERTAIN COUNTIES OR TAXING UNITS LOCATED IN THOSE COUNTIES.

Chapter 73

  1. Tex. Local Government Code Sec. 73.001. ELECTION REQUIREMENT. If a new county is organized, the county judge who conducts the election for officers for the new county shall order an election for the location of the county seat. The election shall be conducted in the same manner as an election for county officers.

  2. Tex. Local Government Code Sec. 73.002. VOTE REQUIRED FOR LOCATION. The location that receives the majority of votes cast in the election is the county seat. However, a county seat first established in a newly organized county may not be located more than five miles from the geographic center of the county unless at least two-thirds of the voters voting in the election on the subject vote for the site.

  3. Tex. Local Government Code Sec. 73.011. APPLICATION FOR RELOCATION ELECTION.

  4. Tex. Local Government Code Sec. 73.012. DESIGNATION OF GEOGRAPHIC CENTER OF COUNTY.

  5. Tex. Local Government Code Sec. 73.013. ELECTION REQUIREMENTS.

  6. Tex. Local Government Code Sec. 73.014. ELECTION RESULTS; RELOCATION OF COUNTY SEAT.

  7. Tex. Local Government Code Sec. 73.015. SUBSEQUENT RELOCATION. After an election for the location or removal of a county seat has been held and the question settled, an application for another relocation of the county seat may not be submitted within 10 years after the date of the last election. However, an application may be submitted and a relocation election held within two years after the date of the last election to move a county seat from a site more than five miles from a railroad operating as a common carrier to a site on a railroad.

Chapter 81

  1. Tex. Local Government Code Sec. 81.001. COMPOSITION, PRESIDING OFFICER.

  2. Tex. Local Government Code Sec. 81.002. OATH, BOND.

  3. Tex. Local Government Code Sec. 81.0025. CONTINUING EDUCATION.

  4. Tex. Local Government Code Sec. 81.003. CLERK.

  5. Tex. Local Government Code Sec. 81.004. SEAL.

  6. Tex. Local Government Code Sec. 81.005. TERMS OF COURT, MEETINGS.

  7. Tex. Local Government Code Sec. 81.006. QUORUM; VOTE REQUIRED FOR TAX LEVY.

  8. Tex. Local Government Code Sec. 81.007. NOTICE.

  9. Tex. Local Government Code Sec. 81.021. CHANGE IN PRECINCT BOUNDARIES.

  10. Tex. Local Government Code Sec. 81.022. PROCESS.

  11. Tex. Local Government Code Sec. 81.023. CONTEMPT. The commissioners court shall punish a person held in contempt by a fine of not more than $25 or by confinement for not more than 24 hours. A person fined under this section may be confined until the fine is paid.

  12. Tex. Local Government Code Sec. 81.024. DISTRICT AND COUNTY COURT SEALS. The commissioners court shall provide the seals required by law for district and county courts.

  13. Tex. Local Government Code Sec. 81.025. COUNTY RISK MANAGEMENT POOL COVERAGE INSTEAD OF BONDS.

  14. Tex. Local Government Code Sec. 81.026. COMMISSIONERS COURT MEMBERSHIP ON ASSOCIATIONS AND NONPROFIT ORGANIZATIONS. A county judge or county commissioner may serve on the governing body of or any committee serving an association of counties created or operating pursuant to the provisions of Section 89.002. A county judge or county commissioner may serve as a member of any board of trustees or board of directors or other governing body of any trust or other entity created pursuant to interlocal contract for the purpose of forming or administering any governmental pool, self-insurance pool, insurance pool, or any other fund or joint endeavor created for the benefit of member counties and political subdivisions. In addition, a county judge or county commissioner may serve as a member of the board of directors of any nonprofit corporation that is created and exists solely for the purpose of providing administrative or other services to such trust or other entity. A county judge or county commissioner, acting as a member of any such board or committee, may perform any act necessary or appropriate for the rendition of such service, including the casting of votes and deliberations concerning and execution of contracts or claims with or against any county. A county judge or commissioner may participate in deliberations concerning and cast any vote on any matter before the commissioners court affecting the execution of any contract with or the payment of claims, premiums, dues, or contributions to any such trust, association, nonprofit corporation, or entity or any related matter.

  15. Tex. Local Government Code Sec. 81.027. SUPPORT OF PAUPERS. Each commissioners court may provide for the support of paupers, residents of their county, who are unable to support themselves.

  16. Tex. Local Government Code Sec. 81.028. DELEGATION OF DUTIES OF COUNTY JUDGE IN CERTAIN COUNTIES.

  17. Tex. Local Government Code Sec. 81.029. DELEGATION OF DUTIES OF COUNTY JUDGE TO COUNTY COMMISSIONER IN CERTAIN COUNTIES.

  18. Tex. Local Government Code Sec. 81.0291. DELEGATION OF CERTAIN AUTHORITY OF COUNTY JUDGE OR COMMISSIONERS COURT IN CERTAIN COUNTIES.

  19. Tex. Local Government Code Sec. 81.030. TESTIMONY BEFORE COMMISSIONERS COURT. The commissioners court may require that testimony before the court be given under oath. A person who makes a false statement under oath is subject to prosecution under Section 37.02, Penal Code.

  20. Tex. Local Government Code Sec. 81.032. ACCEPTANCE OF DONATIONS AND BEQUESTS.

  21. Tex. Local Government Code Sec. 81.033. POWER OF COMMISSIONERS COURT IN COUNTY WITH NO INCORPORATED TERRITORY.

  22. Tex. Local Government Code Sec. 81.034. ELIGIBILITY OF COUNTY WITH NO INCORPORATED TERRITORY TO PARTICIPATE IN MUNICIPAL ASSISTANCE PROGRAMS. A county that contains no incorporated territory of a municipality is eligible to apply on behalf of locations in the county that are census designated places as if the places were municipalities for the purpose of participating in any federal or state program that provides grants, loans, or other assistance to municipalities.

Chapter 82

  1. Tex. Local Government Code Sec. 82.001. SURETY BOND AND OATH OF COUNTY CLERK; SELF-INSURANCE.

  2. Tex. Local Government Code Sec. 82.002. SURETY BOND ON DEPUTY CLERKS AND EMPLOYEES; SELF-INSURANCE.

  3. Tex. Local Government Code Sec. 82.003. ERRORS AND OMISSIONS INSURANCE; CONTINGENCY FUND.

  4. Tex. Local Government Code Sec. 82.004. PREMIUMS. The commissioners court of a county shall pay out of the general fund of the county the premiums for a bond or insurance policy required by this chapter.

  5. Tex. Local Government Code Sec. 82.005. APPOINTMENT, OATH, AND POWERS OF DEPUTY CLERK.

  6. Tex. Local Government Code Sec. 82.051. ELECTRONIC DISPLAY OF OFFICIAL AND LEGAL NOTICES BY COUNTY CLERK.

Chapter 83

  1. Tex. Local Government Code Sec. 83.001. ELECTION. The county treasurer is elected at each general election in which the office of governor is to be filled for a full term.

  2. Tex. Local Government Code Sec. 83.002. BOND.

  3. Tex. Local Government Code Sec. 83.003. CONTINUING EDUCATION.

  4. Tex. Local Government Code Sec. 83.004. REMOVAL FROM OFFICE; FILLING OF VACANCY.

  5. Tex. Local Government Code Sec. 83.005. APPOINTMENT OF PERSON TO ACT IN TREASURER'S PLACE.

  6. Tex. Local Government Code Sec. 83.006. FUNDING OF TREASURER'S OFFICE. The commissioners court may provide funds for adequate personnel and supplies that enable the county treasurer to perform the duties of office.

  7. Tex. Local Government Code Sec. 83.007. STATUTORY REFERENCE: FUNCTION OF TREASURER IN COUNTY THAT HAS ABOLISHED OFFICE. In a county for which the office of county treasurer has been abolished, a reference in this code or other state statute to the county treasurer means the person who performs the powers or duties of the county treasurer in that county.

  8. Tex. Local Government Code Sec. 83.008. SURETY BOND ON ASSISTANT TREASURERS, DEPUTIES, AND EMPLOYEES; SELF-INSURANCE.

  9. Tex. Local Government Code Sec. 83.009. ASSISTANT TREASURER OR TREASURY DEPUTY.

Chapter 84

  1. Tex. Local Government Code Sec. 84.001. EFFECT OF REFERENCE TO "DISTRICT JUDGES"; MAJORITY VOTE REQUIRED.

  2. Tex. Local Government Code Sec. 84.002. APPOINTMENT OF COUNTY AUDITOR.

  3. Tex. Local Government Code Sec. 84.003. PROCEDURE FOR APPOINTMENT.

  4. Tex. Local Government Code Sec. 84.004. TERM. The term of office of a county auditor is two years.

  5. Tex. Local Government Code Sec. 84.005. PROCEDURE FOR APPOINTMENT AND TERM IN POPULOUS COUNTY.

  6. Tex. Local Government Code Sec. 84.006. QUALIFICATIONS.

  7. Tex. Local Government Code Sec. 84.007. BOND AND OATH.

  8. Tex. Local Government Code Sec. 84.008. JOINT EMPLOYMENT OF COUNTY AUDITOR.

  9. Tex. Local Government Code Sec. 84.0085. CONTINUING EDUCATION.

  10. Tex. Local Government Code Sec. 84.009. REMOVAL.

  11. Tex. Local Government Code Sec. 84.021. ASSISTANTS.

  12. Tex. Local Government Code Sec. 84.901. SUPPLIES. A county auditor may purchase, at the county's expense and in the manner provided by law, necessary ledgers, books, records, blank forms, stationery, equipment, telephone service, and postage.

  13. Tex. Local Government Code Sec. 84.902. AUDITOR TO KEEP CERTAIN HOSPITAL RECORDS IN COUNTY WITH POPULATION OF 190,001 TO 200,000. If, in a county with a population of 190,001 to 200,000, the financial records of a municipal and county hospital located in the county must be kept, the county auditor shall keep the records. If reports concerning that hospital's financial records must be made to the governing bodies of the municipality and county, the county auditor shall make the reports.

Chapter 85

  1. Tex. Local Government Code Sec. 85.001. OATH AND BOND.

  2. Tex. Local Government Code Sec. 85.0011. QUALIFICATIONS FOR SHERIFF OR CANDIDATE FOR SHERIFF.

  3. Tex. Local Government Code Sec. 85.002. NEW BOND REQUIREMENT; REMOVAL.

  4. Tex. Local Government Code Sec. 85.003. DEPUTIES.

  5. Tex. Local Government Code Sec. 85.004. RESERVE DEPUTIES.

  6. Tex. Local Government Code Sec. 85.005. GUARDS; PENALTY.

  7. Tex. Local Government Code Sec. 85.006. COUNTY POLICE FORCE IN COUNTIES OF 210,000 OR MORE.

  8. Tex. Local Government Code Sec. 85.021. EXECUTION OF PROCESS; PENALTY.

  9. Tex. Local Government Code Sec. 85.022. EXECUTION OF LEGISLATIVE PROCESS; PENALTY.

  10. Tex. Local Government Code Sec. 85.023. UNFINISHED BUSINESS. If a sheriff vacates the office for any reason, all unfinished business shall be transferred to the succeeding sheriff and completed in the same manner as if the successor had begun the business.

  11. Tex. Local Government Code Sec. 85.024. SCHOOL SAFETY MEETINGS.

  12. Tex. Local Government Code Sec. 85.025. AUTHORITY TO ENTER INTO CONTRACT TO PROVIDE LAW ENFORCEMENT SERVICES IN CERTAIN COUNTIES.

Chapter 86

  1. Tex. Local Government Code Sec. 86.001. ELIGIBILITY TO SERVE AFTER BOUNDARY CHANGE. A person who has served as the constable of a precinct for 10 or more consecutive years before a change is made in the boundaries of the precinct is not ineligible for reelection in the precinct because of residence outside the precinct if the constable's residence is within the boundaries of the precinct as they existed before the change.

  2. Tex. Local Government Code Sec. 86.002. OATH; BOND.

  3. Tex. Local Government Code Sec. 86.0021. QUALIFICATIONS; REMOVAL.

  4. Tex. Local Government Code Sec. 86.003. NEW BOND; REMOVAL.

  5. Tex. Local Government Code Sec. 86.011. APPOINTMENT OF DEPUTY CONSTABLE.

  6. Tex. Local Government Code Sec. 86.012. RESERVE DEPUTY CONSTABLES.

  7. Tex. Local Government Code Sec. 86.021. GENERAL POWERS AND DUTIES.

  8. Tex. Local Government Code Sec. 86.023. COLLECTION LIABILITY. If, for collection, a constable receives a bond, bill, note, or account from any person and the constable gives a receipt in an official capacity for the instrument or account, the constable and the constable's sureties are liable under the constable's bond for the amount collected if the constable fails to pay the amount on demand to the person for whom the constable made the collection.

  9. Tex. Local Government Code Sec. 86.024. FAILURE TO EXECUTE PROCESS.

  10. Tex. Local Government Code Sec. 86.025. UNFINISHED BUSINESS. If a constable vacates the office for any reason, all unfinished business shall be transferred to the succeeding constable and completed in the same manner as if the successor had begun the business.

  11. Tex. Local Government Code Sec. 86.026. AUTHORITY TO ENTER INTO CONTRACT TO PROVIDE LAW ENFORCEMENT SERVICES IN CERTAIN COUNTIES.

Chapter 87

  1. Tex. Local Government Code Sec. 87.001. NO REMOVAL FOR PRIOR ACTION. An officer may not be removed under this chapter for an act the officer committed before election to office.

  2. Tex. Local Government Code Sec. 87.011. DEFINITIONS. In this subchapter:

  3. Tex. Local Government Code Sec. 87.012. OFFICERS SUBJECT TO REMOVAL. The district judge may, under this subchapter, remove from office:

  4. Tex. Local Government Code Sec. 87.013. GENERAL GROUNDS FOR REMOVAL.

  5. Tex. Local Government Code Sec. 87.0131. DEFENSE IN CERTAIN CASES. It is a defense in an action alleging a prosecuting attorney committed official misconduct described by Section 87.011(3)(C) that the prosecuting attorney took action immediately on discovering an attorney employed by or otherwise under the direction or control of the prosecuting attorney was acting as described by Section 87.011(3)(C).

  6. Tex. Local Government Code Sec. 87.014. GROUNDS: FAILURE TO GIVE BOND. A county officer who is required by law to give an official bond may be removed under this subchapter if the officer:

  7. Tex. Local Government Code Sec. 87.015. PETITION FOR REMOVAL.

  8. Tex. Local Government Code Sec. 87.0151. ASSIGNMENT OF JUDGE.

  9. Tex. Local Government Code Sec. 87.016. CITATION OF OFFICER.

  10. Tex. Local Government Code Sec. 87.017. SUSPENSION PENDING TRIAL; TEMPORARY APPOINTEE.

  11. Tex. Local Government Code Sec. 87.018. TRIAL.

  12. Tex. Local Government Code Sec. 87.019. APPEAL.

  13. Tex. Local Government Code Sec. 87.031. IMMEDIATE REMOVAL.

  14. Tex. Local Government Code Sec. 87.032. APPEAL; SUSPENSION. If the officer appeals the judgment, other than for an offense to which Section 180.010 applies, the appeal supersedes the order of removal unless the court that renders the judgment finds that it is in the public interest to suspend the officer pending the appeal. If the court finds that the public interest requires suspension, the court shall suspend the officer as provided by this chapter.

  15. Tex. Local Government Code Sec. 87.041. VACANCIES FILLED BY APPOINTMENT OF COMMISSIONERS COURT.

  16. Tex. Local Government Code Sec. 87.042. COUNTY COMMISSIONER VACANCY.

  17. Tex. Local Government Code Sec. 87.043. TEMPORARY ABSENCE IN OFFICE OF COUNTY JUDGE IN CERTAIN COUNTIES.

Chapter 88

  1. Tex. Local Government Code Sec. 88.001. CERTAIN BONDS PAYABLE TO COUNTY JUDGE; CUSTODY OF BONDS. The official bond of a county officer that is required by law to be approved by the commissioners court must, except as required by other law, be made payable to the county judge and kept and recorded by the county clerk.

  2. Tex. Local Government Code Sec. 88.002. APPLICATION OF SURETY TO TERMINATE LIABILITY ON BOND. A surety on the official bond of a county officer may apply to the commissioners court to be relieved from the bond.

  3. Tex. Local Government Code Sec. 88.003. NOTICE TO OFFICER OF SURETY'S APPLICATION.

  4. Tex. Local Government Code Sec. 88.004. OFFICER TO STOP EXERCISING FUNCTIONS OF OFFICE. On service of notice under Section 88.003, an officer shall stop exercising the functions of the officer's office, except that:

  5. Tex. Local Government Code Sec. 88.005. OFFICER WHO FAILS TO GIVE NEW BOND VACATES OFFICE. An officer who does not give a new bond before the 21st day after the date the officer receives notice under Section 88.003 vacates the officer's office.

  6. Tex. Local Government Code Sec. 88.006. NEW BOND; DISCHARGE OF FORMER SURETIES. If an officer served notice under Section 88.003 gives a new bond and the bond is approved, the former sureties are discharged from liability for misconduct of the officer after the approval of the new bond.

  7. Tex. Local Government Code Sec. 88.007. NEW BOND REQUIRED BY COMMISSIONERS COURT.

  8. Tex. Local Government Code Sec. 88.008. SELF-INSURANCE INSTEAD OF BOND.

Chapter 89

  1. Tex. Local Government Code Sec. 89.001. SPECIAL COUNSEL IN POPULOUS COUNTIES.

  2. Tex. Local Government Code Sec. 89.002. STATE ASSOCIATION OF COUNTIES.

  3. Tex. Local Government Code Sec. 89.003. CENTRAL MAILING SYSTEM IN COUNTIES WITH POPULATION OF MORE THAN ONE MILLION. The commissioners court of a county with a population of more than one million may establish a central mailing system to serve:

  4. Tex. Local Government Code Sec. 89.004. PRESENTATION OF CLAIM.

  5. Tex. Local Government Code Sec. 89.0041. NOTICE OF SUIT AGAINST COUNTY.

  6. Tex. Local Government Code Sec. 89.005. JURORS AND WITNESSES. In a suit brought by or against a county, a resident of the county may be a juror or witness if the resident is otherwise competent.

  7. Tex. Local Government Code Sec. 89.006. SATISFACTION OF JUDGMENT. The commissioners court shall settle and pay a judgment against the county in the same manner and pro rata as other similar claims are settled and paid by the court. Execution may not be issued on a judgment against a county.

Chapter 101

  1. Tex. Local Government Code Sec. 101.001. MUNICIPALITY COVERED BY SUBCHAPTER. This subchapter applies only to a Type A general-law municipality.

  2. Tex. Local Government Code Sec. 101.002. CONTROL OF FINANCES. The governing body of the municipality may manage and control the finances of the municipality.

  3. Tex. Local Government Code Sec. 101.003. APPROPRIATIONS; PAYMENTS. The governing body of the municipality may appropriate money and provide for the payment of municipal debts and expenses.

  4. Tex. Local Government Code Sec. 101.004. SPECIAL FUNDS; DISBURSEMENT. The governing body of the municipality may provide by ordinance for the creation of special funds for special purposes and may provide that a special fund may be disbursed only for the purpose for which the fund was created.

  5. Tex. Local Government Code Sec. 101.005. DEBT PAYMENTS; IMPROVEMENTS.

  6. Tex. Local Government Code Sec. 101.006. RECEIVERSHIP FOR PAYMENT OF DEBTS.

  7. Tex. Local Government Code Sec. 101.021. MUNICIPALITY COVERED BY SUBCHAPTER. This subchapter applies only to a home-rule municipality.

  8. Tex. Local Government Code Sec. 101.022. GENERAL FISCAL POWERS. The municipality may:

  9. Tex. Local Government Code Sec. 101.0221. FISCAL YEAR FOR CERTAIN MUNICIPALITIES. Notwithstanding any fiscal year provision in the municipal charter, a municipality with a population in excess of 500,000 which is situated in a county bordering the Republic of Mexico may prescribe its fiscal year by ordinance.

  10. Tex. Local Government Code Sec. 101.023. GARNISHMENT. The municipality may provide that its municipal funds are not subject to garnishment and that the municipality is not required to answer in garnishment proceedings.

  11. Tex. Local Government Code Sec. 101.041. MUNICIPALITY COVERED BY SUBCHAPTER. This subchapter applies only to a general-law municipality.

  12. Tex. Local Government Code Sec. 101.042. FISCAL YEAR. The governing body of the municipality by ordinance may prescribe the fiscal year of the municipality.

Chapter 102

  1. Tex. Local Government Code Sec. 102.001. BUDGET OFFICER.

  2. Tex. Local Government Code Sec. 102.002. ANNUAL BUDGET REQUIRED. The budget officer shall prepare each year a municipal budget to cover the proposed expenditures of the municipal government for the succeeding year.

  3. Tex. Local Government Code Sec. 102.003. ITEMIZED BUDGET; CONTENTS.

  4. Tex. Local Government Code Sec. 102.004. INFORMATION FURNISHED BY MUNICIPAL OFFICERS AND BOARDS. In preparing the budget, the budget officer may require any municipal officer or board to furnish information necessary for the budget officer to properly prepare the budget.

  5. Tex. Local Government Code Sec. 102.005. PROPOSED BUDGET FILED WITH MUNICIPAL CLERK; PUBLIC INSPECTION.

  6. Tex. Local Government Code Sec. 102.006. PUBLIC HEARING ON PROPOSED BUDGET.

  7. Tex. Local Government Code Sec. 102.0065. SPECIAL NOTICE BY PUBLICATION FOR BUDGET HEARING.

  8. Tex. Local Government Code Sec. 102.007. ADOPTION OF BUDGET.

  9. Tex. Local Government Code Sec. 102.008. APPROVED BUDGET FILED WITH MUNICIPAL CLERK: POSTING ON INTERNET.

  10. Tex. Local Government Code Sec. 102.009. LEVY OF TAXES AND EXPENDITURE OF FUNDS UNDER BUDGET; EMERGENCY EXPENDITURE.

  11. Tex. Local Government Code Sec. 102.010. CHANGES IN BUDGET FOR MUNICIPAL PURPOSES. This chapter does not prevent the governing body of the municipality from making changes in the budget for municipal purposes.

  12. Tex. Local Government Code Sec. 102.011. CIRCUMSTANCES UNDER WHICH CHARTER PROVISIONS CONTROL. If a municipality has already adopted charter provisions that require the preparation of an annual budget covering all municipal expenditures and if the municipality conducts a public hearing on the budget as provided by Section 102.006 and otherwise complies with the provisions of this chapter relating to property tax increases, the charter provisions control. After the budget has been finally prepared and approved, a copy of the budget and the amendments to the budget shall be filed with the county clerk, as required for other budgets under this chapter.

Chapter 103

  1. Tex. Local Government Code Sec. 103.001. ANNUAL AUDIT; FINANCIAL STATEMENT.

  2. Tex. Local Government Code Sec. 103.002. AUDITOR. A municipality whose records and accounts are not audited annually by a person prescribed by statute, by charter, or by a person in the regular employ of the municipality shall employ at its own expense a certified public accountant who is licensed in this state or a public accountant who holds a permit to practice from the Texas State Board of Public Accountancy to conduct the audit and to prepare the annual financial statement.

  3. Tex. Local Government Code Sec. 103.003. FILING; PUBLIC RECORD.

  4. Tex. Local Government Code Sec. 103.004. VALUATION OF CERTAIN BENEFIT PROGRAMS.

  5. Tex. Local Government Code Sec. 103.005. ANNUAL AUDIT AND FILING OF FINANCIAL STATEMENT; PENALTY FOR NONCOMPLIANCE.

Chapter 104

  1. Tex. Local Government Code Sec. 104.001. CHAPTER APPLICABLE TO CERTAIN HOME-RULE MUNICIPALITIES. This chapter applies only to a home-rule municipality with a population of one million or more whose charter provides for an elected comptroller, auditor, or treasurer.

  2. Tex. Local Government Code Sec. 104.002. AUTHORITY TO MAKE INVESTMENTS.

  3. Tex. Local Government Code Sec. 104.003. EFFECT OF EARLY WITHDRAWAL. If any of the funds placed in time deposit accounts are required before maturity, they shall be made available by the depository bank, but the bank is not liable for interest earned on any amount withdrawn before maturity.

  4. Tex. Local Government Code Sec. 104.004. INTEREST. The municipal official responsible for managing and conducting the fiscal affairs shall receive the interest earned on the investments and shall place the interest in the municipal general fund as compensation to the municipality for holding and handling the trust funds and special deposits for the benefit of the persons ultimately entitled to receive the funds and deposits.

  5. Tex. Local Government Code Sec. 104.005. CUMULATIVE EFFECT WITH CHARTER PROVISIONS. This chapter is cumulative of the municipal powers of investment derived from the municipal charter.

Chapter 105

  1. Tex. Local Government Code Sec. 105.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 105.002. FUNDS AFFECTED. This chapter applies to the funds, including school funds, of any municipality or any department or agency of the municipality.

  3. Tex. Local Government Code Sec. 105.011. DEPOSITORY AUTHORIZED.

  4. Tex. Local Government Code Sec. 105.012. NOTICE.

  5. Tex. Local Government Code Sec. 105.013. APPLICATION. The designated officer may not consider an application if it is received after the date specified in the notice for receiving applications by the designated officer.

  6. Tex. Local Government Code Sec. 105.014. REVIEW OF APPLICATIONS. In reviewing the applications, the designated officer shall consider the terms and conditions for the performance of depository services, including the type and cost of services to be provided to the municipality, consistent with any policy guidelines adopted by the governing body regarding the selection of one or more depositories.

  7. Tex. Local Government Code Sec. 105.015. SELECTION OF DEPOSITORY.

  8. Tex. Local Government Code Sec. 105.016. DESIGNATION OF DEPOSITORY.

  9. Tex. Local Government Code Sec. 105.017. TERM OF DEPOSITORY CONTRACT. A municipality may approve, execute, and deliver any depository services contract whose term does not exceed five years. The depository services contract may only contain terms and conditions approved by the governing body of the municipality.

  10. Tex. Local Government Code Sec. 105.018. ADDITIONAL SERVICES. In addition to depository services, a municipality may contract with financial institutions, including banks, credit unions, and savings associations, for additional financial services under a separate contract if the governing body of the municipality determines that additional financial services are necessary in the administration, collection, investment, and transfer of municipal funds.

  11. Tex. Local Government Code Sec. 105.031. QUALIFICATION AS DEPOSITORY.

  12. Tex. Local Government Code Sec. 105.033. SURETY BOND.

  13. Tex. Local Government Code Sec. 105.034. CONDITIONS TO ACTING AS DEPOSITORY.

  14. Tex. Local Government Code Sec. 105.051. MAINTENANCE OF SECURITY.

  15. Tex. Local Government Code Sec. 105.053. SOLVENCY OF SURETY COMPANY AND ADEQUACY OF SECURITIES. At any time the governing body of the municipality considers it necessary for the protection of the municipality, the governing body may direct the designated officer to investigate the solvency of a surety company that issues a bond on behalf of a municipal depository or investigate the value of securities pledged by a depository to secure municipal funds.

  16. Tex. Local Government Code Sec. 105.054. SURRENDER OF INTEREST ON SECURITIES. Except as provided for in the collateral policies of the municipality adopted in accordance with Chapter 2257, Government Code, on request of a municipal depository, the municipality shall surrender, when due, interest coupons or other evidence of interest on securities deposited by the depository with the governing body if the securities remaining pledged by the depository are adequate to meet the requirements of this chapter and of the governing body.

  17. Tex. Local Government Code Sec. 105.071. CHARACTER AND AMOUNT OF DEPOSITS.

  18. Tex. Local Government Code Sec. 105.072. INVESTMENTS. The provisions of Chapter 810, Acts of the 66th Legislature, Regular Session, 1979 (Article 4413(34c), Vernon's Texas Civil Statutes), and Subchapter A, Chapter 2256, Government Code shall govern the investment of municipal funds.

  19. Tex. Local Government Code Sec. 105.073. DEPOSIT OF FUNDS. Not later than 60 days from the date the governing body of the municipality designates a depository in accordance with the provisions of Section 105.016, the designated officer of the municipality shall transfer to the depository all the municipal funds covered by the depository services contract under the control of the designated officer. The designated officer of the municipality shall as soon as practicable also deposit in the depository to the credit of the municipality any money covered by the depository services contract received after the depository is designated.

  20. Tex. Local Government Code Sec. 105.074. PAYMENT OF FUNDS.

  21. Tex. Local Government Code Sec. 105.075. CHECKS PAYABLE AT DEPOSITORY. Checks drawn by the treasurer of the municipality against municipal funds on deposit are payable by the depository at its place of business in the municipality.

  22. Tex. Local Government Code Sec. 105.076. DEBTS PAYABLE OTHER THAN AT MUNICIPAL TREASURY. The governing body of the municipality may direct the designated officer to withdraw from a depository and deposit money sufficient to pay a bond, coupon, or other indebtedness of the municipality at a place other than at the municipal treasury if by its terms the indebtedness is payable on maturity or upon redemption prior to maturity at the other location.

  23. Tex. Local Government Code Sec. 105.091. LIABILITY OF DESIGNATED OFFICER.

  24. Tex. Local Government Code Sec. 105.092. REPORT BY DESIGNATED OFFICER. In conjunction with the publication of the annual financial statement of the municipality, the designated officer shall prepare a report which shall describe in summary form:

Chapter 106

  1. Tex. Local Government Code Sec. 106.001. CREATION OF CHILD SAFETY TRUST FUND IN CERTAIN MUNICIPALITIES. A child safety trust fund shall be created in the treasury of a municipality with a population of more than 1.3 million.

  2. Tex. Local Government Code Sec. 106.002. DEPOSITS TO FUND. The following money shall be deposited in the fund:

  3. Tex. Local Government Code Sec. 106.003. USE OF FUND.

  4. Tex. Local Government Code Sec. 106.004. AUDIT.

Chapter 107

  1. Tex. Local Government Code Sec. 107.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 107.002. DEFINITION OF "PUBLIC PENSION FUND." In this chapter, "public pension fund":

  3. Tex. Local Government Code Sec. 107.003. PENSION FUND OBLIGATIONS AUTHORIZED.

  4. Tex. Local Government Code Sec. 107.0036. VOTER APPROVAL REQUIRED FOR CERTAIN PENSION FUND OBLIGATIONS.

  5. Tex. Local Government Code Sec. 107.004. PROCEEDS OF OBLIGATIONS ISSUED. The municipality shall deposit the net proceeds of obligations issued under Section 107.003 to the credit of the public pension fund. The amount deposited under this section becomes part of the public pension fund's assets.

  6. Tex. Local Government Code Sec. 107.005. PAYMENT OF OBLIGATIONS. An obligation issued under Section 107.003 may be made payable by the municipality from:

  7. Tex. Local Government Code Sec. 107.006. OBLIGATION AS REFINANCING. An obligation issued under Section 107.003 is a complete or partial refinancing of a commitment of the municipality to fund its unfunded liability.

  8. Tex. Local Government Code Sec. 107.007. SALE OF OBLIGATIONS; MATURITY. Obligations issued under Section 107.003 may be sold at private or public sale and must mature not later than the 30th anniversary of the date of issuance.

  9. Tex. Local Government Code Sec. 107.008. ADDITIONAL AUTHORITY; CREDIT AGREEMENTS.

  10. Tex. Local Government Code Sec. 107.009. CHAPTER CONTROLLING. This chapter prevails over any conflict between this chapter and:

Chapter 108

  1. Tex. Local Government Code Sec. 108.001. DEFINITION. In this chapter, "defined area" means a defined area created by a municipal utility district under Subchapter J, Chapter 54, Water Code.

  2. Tex. Local Government Code Sec. 108.002. APPLICATION OF CHAPTER. This chapter applies only to a municipality that under Section 43.075 or any other law abolishes a municipal utility district created under Section 59, Article XVI, Texas Constitution, that contains a defined area.

  3. Tex. Local Government Code Sec. 108.003. CONFLICT WITH OTHER LAWS. To the extent of a conflict between this chapter and any other law, including Subchapter A, Chapter 372, this chapter controls.

  4. Tex. Local Government Code Sec. 108.051. BONDS ORIGINALLY AUTHORIZED IN ABOLISHED MUNICIPAL UTILITY DISTRICT; PROPERTY TAXES.

  5. Tex. Local Government Code Sec. 108.052. BONDS AUTHORIZED UNDER PUBLIC IMPROVEMENT DISTRICT; ASSESSMENTS.

  6. Tex. Local Government Code Sec. 108.053. PLEDGES TO SECURE BONDS. The municipality may further pledge any available funds to secure the bonds, including taxes or other revenue.

  7. Tex. Local Government Code Sec. 108.054. CHOICE OF LAWS.

  8. Tex. Local Government Code Sec. 108.055. CONFLICT WITH MUNICIPAL CHARTER. This subchapter prevails over a municipal charter provision to the extent of a conflict with this subchapter.

  9. Tex. Local Government Code Sec. 108.056. EFFECT ON OTHER MUNICIPAL BONDS. This subchapter does not affect the authority of a municipality to issue bonds for other purposes.

Chapter 109

  1. Tex. Local Government Code Sec. 109.001. DEFINITION. In this chapter, "division" means the criminal justice division of the office of the governor.

  2. Tex. Local Government Code Sec. 109.002. APPLICABILITY OF CHAPTER. This chapter applies only to a municipality with a population of more than 250,000.

  3. Tex. Local Government Code Sec. 109.003. DEFUNDING DETERMINATION. Except as provided by Section 109.004, a defunding municipality is a municipality:

  4. Tex. Local Government Code Sec. 109.004. EXCEPTIONS.

  5. Tex. Local Government Code Sec. 109.005. TERMINATION OF DEFUNDING DETERMINATION. A municipality's defunding determination under Section 109.003 continues until the division issues a written determination finding that the municipality has reversed the reduction, adjusted for inflation, described by Section 109.003(1).

  6. Tex. Local Government Code Sec. 109.006. DIVISION DUTIES.

Chapter 111

  1. Tex. Local Government Code Sec. 111.001. SUBCHAPTER APPLICABLE TO COUNTIES WITH POPULATION OF 225,000 OR LESS; EXCEPTION. This subchapter applies only to a county that has a population of 225,000 or less and that does not operate under Subchapter C.

  2. Tex. Local Government Code Sec. 111.002. COUNTY JUDGE AS BUDGET OFFICER. The county judge serves as the budget officer for the commissioners court of the county.

  3. Tex. Local Government Code Sec. 111.003. ANNUAL BUDGET REQUIRED.

  4. Tex. Local Government Code Sec. 111.004. ITEMIZED BUDGET; CONTENTS.

  5. Tex. Local Government Code Sec. 111.005. INFORMATION FURNISHED BY COUNTY OFFICERS.

  6. Tex. Local Government Code Sec. 111.006. PROPOSED BUDGET FILED WITH COUNTY CLERK; PUBLIC INSPECTION.

  7. Tex. Local Government Code Sec. 111.007. PUBLIC HEARING ON PROPOSED BUDGET.

  8. Tex. Local Government Code Sec. 111.0075. SPECIAL NOTICE BY PUBLICATION FOR BUDGET HEARING.

  9. Tex. Local Government Code Sec. 111.008. ADOPTION OF BUDGET.

  10. Tex. Local Government Code Sec. 111.009. APPROVED BUDGET FILED WITH COUNTY CLERK: POSTING ON INTERNET.

  11. Tex. Local Government Code Sec. 111.010. LEVY OF TAXES AND EXPENDITURE OF FUNDS UNDER BUDGET; EMERGENCY EXPENDITURE; BUDGET TRANSFER.

  12. Tex. Local Government Code Sec. 111.0105. BUDGET FOR EXPENDITURES FROM PROCEEDS OF BONDS OR OTHER OBLIGATIONS. If a county bond issue is submitted at an election or other authorized obligations are to be issued against future revenues and a tax is to be levied for those obligations, the commissioners court shall adopt a budget of proposed expenditures. On receipt of the proceeds of the sale of the bonds or other obligations, the county may make expenditures from the proceeds in the manner provided by this subchapter for expenditures for general purposes.

  13. Tex. Local Government Code Sec. 111.0106. SPECIAL BUDGET FOR GRANT OR AID MONEY. The county auditor or the county judge in a county that does not have a county auditor shall certify to the commissioners court the receipt of all public or private grant or aid money that is available for disbursement in a fiscal year but not included in the budget for that fiscal year. On certification, the court shall adopt a special budget for the limited purpose of spending the grant or aid money for its intended purpose.

  14. Tex. Local Government Code Sec. 111.0107. SPECIAL BUDGET FOR REVENUE FROM INTERGOVERNMENTAL CONTRACTS. The county auditor or the county judge in a county that does not have a county auditor shall certify to the commissioners court the receipt of all revenue from intergovernmental contracts that is available for disbursement in a fiscal year but not included in the budget for that fiscal year. On certification, the court shall adopt a special budget for the limited purpose of spending the revenue from intergovernmental contracts for its intended purpose.

  15. Tex. Local Government Code Sec. 111.0108. SPECIAL BUDGET FOR REVENUE RECEIVED AFTER START OF FISCAL YEAR. The county auditor or the county judge in a county that does not have a county auditor shall certify to the commissioners court the receipt of revenue from a new source not anticipated before the adoption of the budget and not included in the budget for that fiscal year. On certification, the court may adopt a special budget for the limited purpose of spending the revenue for general purposes or for any of its intended purposes.

  16. Tex. Local Government Code Sec. 111.011. CHANGES IN BUDGET FOR COUNTY PURPOSES. This subchapter does not prevent the commissioners court from making changes in the budget for county purposes.

  17. Tex. Local Government Code Sec. 111.012. PENALTY.

  18. Tex. Local Government Code Sec. 111.013. LIMITATION ON BUDGET OF COUNTY AUDITOR. An increase from one fiscal year to the next in the amount budgeted for expenses of the county auditor's office or the salary of an assistant auditor shall not exceed five

  19. Tex. Local Government Code Sec. 111.014. RESERVE ITEM. Notwithstanding any other provision of this subchapter, a county may establish in the budget a reserve or contingency item. The item must be included in the itemized budget under Section 111.004(a) in the same manner as a project for which an appropriation is established in the budget.

  20. Tex. Local Government Code Sec. 111.031. SUBCHAPTER APPLICABLE TO COUNTIES WITH POPULATION OF MORE THAN 225,000; EXCEPTION. This subchapter applies only to a county that has a population of more than 225,000 and that does not operate under Subchapter C.

  21. Tex. Local Government Code Sec. 111.032. COUNTY AUDITOR AS BUDGET OFFICER. The county auditor serves as budget officer for the commissioners court of the county.

  22. Tex. Local Government Code Sec. 111.033. ANNUAL BUDGET REQUIRED.

  23. Tex. Local Government Code Sec. 111.034. ITEMIZED BUDGET; CONTENTS.

  24. Tex. Local Government Code Sec. 111.035. LIMITATION ON EXPENDITURES BEFORE ADOPTION OF BUDGET. Until a budget for a fiscal year is adopted by the commissioners court, the county may not make payments during that fiscal year except for emergencies and for obligations legally incurred before the first day of the fiscal year for salaries, utilities, materials, and supplies.

  25. Tex. Local Government Code Sec. 111.036. INFORMATION FURNISHED BY OFFICERS. In preparing the budget, the county auditor may require any district, county, or precinct officer of the county to provide information necessary for the auditor to properly prepare the budget.

  26. Tex. Local Government Code Sec. 111.037. PROPOSED BUDGET FILED WITH COUNTY CLERK; PUBLIC INSPECTION.

  27. Tex. Local Government Code Sec. 111.038. PUBLIC HEARING ON PROPOSED BUDGET.

  28. Tex. Local Government Code Sec. 111.0385. SPECIAL NOTICE BY PUBLICATION FOR BUDGET HEARING.

  29. Tex. Local Government Code Sec. 111.039. ADOPTION OF BUDGET.

  30. Tex. Local Government Code Sec. 111.040. APPROVED BUDGET FILED WITH OFFICERS: POSTING ON INTERNET.

  31. Tex. Local Government Code Sec. 111.041. EXPENDITURE OF FUNDS UNDER BUDGET; EMERGENCY EXPENDITURE; BUDGET TRANSFER.

  32. Tex. Local Government Code Sec. 111.0415. CHANGES IN BUDGET FOR COUNTY PURPOSES. This subchapter does not prevent the commissioners court from making changes in the budget for county purposes.

  33. Tex. Local Government Code Sec. 111.042. BUDGET FOR EXPENDITURES FROM PROCEEDS OF BONDS OR OTHER OBLIGATIONS. If a county bond issue is submitted at an election or other authorized obligations are to be issued against future revenues and a tax is to be levied for those obligations, the commissioners court shall adopt a budget of proposed expenditures. On receipt of the proceeds of the sale of the bonds or other obligations, the county may make expenditures from the proceeds in the manner provided by this subchapter for expenditures for general purposes.

  34. Tex. Local Government Code Sec. 111.043. SPECIAL BUDGET FOR GRANT OR AID MONEY. The county auditor shall certify to the commissioners court the receipt of all public or private grant or aid money that is available for disbursement in a fiscal year but not included in the budget for that fiscal year. On certification, the court shall adopt a special budget for the limited purpose of spending the grant or aid money for its intended purpose.

  35. Tex. Local Government Code Sec. 111.0431. SPECIAL BUDGET FOR REVENUE FROM INTERGOVERNMENTAL CONTRACTS. The county auditor shall certify to the commissioners court the receipt of all revenue from intergovernmental contracts that is available for disbursement in a fiscal year but not included in the budget for that fiscal year. On certification, the court shall adopt a special budget for the limited purpose of spending the revenue from intergovernmental contracts for its intended purpose.

  36. Tex. Local Government Code Sec. 111.0432. SPECIAL BUDGET FOR REVENUE RECEIVED AFTER START OF FISCAL YEAR. The county auditor shall certify to the commissioners court the receipt of revenue from a new source not anticipated before the adoption of the budget and not included in the budget for that fiscal year. On certification, the court may adopt a special budget for the limited purpose of spending the revenue for general purposes or for any of its intended purposes.

  37. Tex. Local Government Code Sec. 111.044. LIMITATION ON BUDGET OF COUNTY AUDITOR. An increase from one fiscal year to the next in the amount budgeted for expenses of the county auditor's office or the salary of an assistant auditor shall not exceed five

  38. Tex. Local Government Code Sec. 111.045. RESERVE ITEM. Notwithstanding any other provision of this subchapter, a county may establish in the budget a reserve or contingency item. The item must be included in the itemized budget under Section 111.034(a) in the same manner as a project for which an appropriation is established in the budget.

  39. Tex. Local Government Code Sec. 111.061. SUBCHAPTER APPLICABLE TO COUNTIES WITH POPULATION OF MORE THAN 125,000. This subchapter applies only to a county that has a population of more than 125,000 and that chooses to operate under this subchapter instead of under Subchapter A or B.

  40. Tex. Local Government Code Sec. 111.062. APPOINTMENT OF BUDGET OFFICER; ABOLITION OF OFFICE.

  41. Tex. Local Government Code Sec. 111.063. ITEMIZED BUDGET; CONTENTS.

  42. Tex. Local Government Code Sec. 111.064. LIMITATION ON EXPENDITURES BEFORE ADOPTION OF BUDGET. Until a budget for a fiscal year is adopted by the commissioners court, the county may not make payments during that fiscal year except for emergencies and for obligations legally incurred before the first day of the fiscal year for salaries, utilities, materials, and supplies.

  43. Tex. Local Government Code Sec. 111.065. INFORMATION FURNISHED BY OFFICERS. In preparing or monitoring the budget, the budget officer may require the county auditor or any other district, county, or precinct officer of the county to provide any information necessary for the budget officer to properly prepare or monitor the budget.

  44. Tex. Local Government Code Sec. 111.066. PROPOSED BUDGET FILED WITH COUNTY CLERK AND COUNTY AUDITOR; PUBLIC INSPECTION.

  45. Tex. Local Government Code Sec. 111.067. PUBLIC HEARING ON PROPOSED BUDGET.

  46. Tex. Local Government Code Sec. 111.0675. COMMISSIONERS COURT: SPECIAL NOTICE BY PUBLICATION FOR BUDGET HEARING.

  47. Tex. Local Government Code Sec. 111.068. ADOPTION OF BUDGET.

  48. Tex. Local Government Code Sec. 111.069. APPROVED BUDGET FILED WITH OFFICERS; POSTING ON INTERNET.

  49. Tex. Local Government Code Sec. 111.070. EXPENDITURE OF FUNDS UNDER BUDGET; EMERGENCY EXPENDITURE; BUDGET TRANSFER.

  50. Tex. Local Government Code Sec. 111.0705. BUDGET FOR EXPENDITURES FROM PROCEEDS OF BONDS OR OTHER OBLIGATIONS. If a county bond issue is submitted at an election or other authorized obligations are to be issued against future revenues and a tax is to be levied for those obligations, the commissioners court shall adopt a budget of proposed expenditures. On receipt of the proceeds of the sale of the bonds or other obligations, the county may make expenditures from the proceeds in the manner provided by this subchapter for expenditures for general purposes.

  51. Tex. Local Government Code Sec. 111.0706. SPECIAL BUDGET FOR GRANT OR AID MONEY. The county auditor shall certify to the commissioners court the receipt of all public or private grant or aid money that is available for disbursement in a fiscal year but not included in the budget for that fiscal year. On certification, the court shall adopt a special budget for the limited purpose of spending the grant or aid money for its intended purpose.

  52. Tex. Local Government Code Sec. 111.0707. SPECIAL BUDGET FOR REVENUE FROM INTERGOVERNMENTAL CONTRACTS.

  53. Tex. Local Government Code Sec. 111.07075. SPECIAL BUDGET FOR REVENUE RECEIVED AFTER START OF FISCAL YEAR.

  54. Tex. Local Government Code Sec. 111.0708. PLEDGING REVENUE AS SECURITY FOR BONDS AND OTHER OBLIGATIONS. In preparing a county budget, a county may secure county bonds or other obligations by pledging for the term of the bonds or other obligations:

  55. Tex. Local Government Code Sec. 111.0709. CHANGES IN BUDGET FOR COUNTY PURPOSES. This subchapter does not prevent the commissioners court from making changes in the budget for county purposes.

  56. Tex. Local Government Code Sec. 111.071. BUDGET OFFICER'S ASSISTANCE TO COMMISSIONERS COURT. The budget officer may assist the commissioners court in the performance of the court's duties relating to the efficiency and effectiveness of county operations.

  57. Tex. Local Government Code Sec. 111.072. DUTIES RETAINED BY COUNTY AUDITOR. The duties given under Subchapter B to the county auditor that are not expressly conferred by this subchapter on the budget officer remain duties of the county auditor.

  58. Tex. Local Government Code Sec. 111.073. EMPLOYMENT OF PERSONNEL. The commissioners court may employ personnel necessary to assist the budget officer in the performance of the duties of that office.

  59. Tex. Local Government Code Sec. 111.074. LIMITATION ON BUDGET OF COUNTY AUDITOR. An increase from one fiscal year to the next in the amount budgeted for expenses of the county auditor's office or the salary of an assistant auditor shall not exceed five

  60. Tex. Local Government Code Sec. 111.075. RESERVE ITEM. Notwithstanding any other provision of this subchapter, a county may establish in the budget a reserve or contingency item. The item must be included in the itemized budget under Section 111.063(a) in the same manner as a project for which an appropriation is established in the budget.

  61. Tex. Local Government Code Sec. 111.091. APPROPRIATION ACCOUNTS.

  62. Tex. Local Government Code Sec. 111.092. DEPARTMENTAL EXPENSES NOT TO EXCEED APPROPRIATIONS. The county auditor shall oversee the warrant process to ensure that the expenses of any department do not exceed the budget appropriations for that department.

  63. Tex. Local Government Code Sec. 111.093. APPROPRIATIONS FOR PURCHASES, CONTRACTS, SALARIES, OR LABOR EXPENSES IN COUNTY WITH POPULATION OF MORE THAN 225,000.

  64. Tex. Local Government Code Sec. 111.094. ITEMIZED BUDGET. The commissioners court in preparing the county budget shall determine the amount of county funds to be spent for the juvenile probation department in the county budget.

  65. Tex. Local Government Code Sec. 111.095. SPECIAL FUNDS.

  66. Tex. Local Government Code Sec. 111.096. BUDGETED POSITIONS FOR JUDICIARY. Notwithstanding any other law, the commissioners court in preparing the county budget for a fiscal year shall determine the number of any additional positions authorized under Section 75.401, Government Code, to be included in the budget and the maximum compensation for those positions.

Chapter 112

  1. Tex. Local Government Code Sec. 112.001. ACCOUNTING SYSTEM IN COUNTY WITH COUNTY AUDITOR AND POPULATION OF LESS THAN 190,000. In a county with a population of less than 190,000, the county auditor may adopt and enforce regulations, not inconsistent with law or with a rule adopted under Section 112.003, that the auditor considers necessary for the speedy and proper collecting, checking, and accounting of the revenues and other funds and fees that belong to the county.

  2. Tex. Local Government Code Sec. 112.002. ACCOUNTING SYSTEM IN COUNTY WITH COUNTY AUDITOR AND POPULATION OF 190,000 OR MORE.

  3. Tex. Local Government Code Sec. 112.003. COMPTROLLER'S AUTHORITY TO PRESCRIBE FORMS AND DETERMINE MANNER OF STATING ACCOUNTS; UNIFORM CHART OF ACCOUNTS.

  4. Tex. Local Government Code Sec. 112.004. ACCOUNTS KEPT FOR OFFICERS BY COUNTY CLERK.

  5. Tex. Local Government Code Sec. 112.005. ACCOUNTS KEPT FOR OFFICERS BY COUNTY AUDITOR.

  6. Tex. Local Government Code Sec. 112.006. GENERAL OVERSIGHT AUTHORITY OF COUNTY AUDITOR.

  7. Tex. Local Government Code Sec. 112.007. COUNTY AUDITOR'S RECORDS OF COUNTY FINANCIAL TRANSACTIONS. The county auditor shall keep a general set of records to show all the transactions of the county relating to accounts, contracts, indebtedness of the county, and county receipts and disbursements.

  8. Tex. Local Government Code Sec. 112.009. COUNTY AUDITOR PERFORMING DUTIES INSTEAD OF COUNTY CLERK. If a duty imposed by this subtitle on the county auditor is the same or nearly the same as a duty imposed by law on the county clerk, the county clerk is relieved of the duty.

  9. Tex. Local Government Code Sec. 112.010. COUNTY FISCAL YEAR.

  10. Tex. Local Government Code Sec. 112.031. ACCOUNT FOR TAX ASSESSOR-COLLECTOR. In keeping an account for the county tax assessor-collector, the county clerk must:

  11. Tex. Local Government Code Sec. 112.032. RECEIPT FOR TAX ROLLS; CREDITS.

  12. Tex. Local Government Code Sec. 112.033. INDIGENT AND DELINQUENT TAX LISTS.

  13. Tex. Local Government Code Sec. 112.034. DELIVERY OF TAX ROLLS TO SUCCESSOR.

  14. Tex. Local Government Code Sec. 112.035. OCCUPATION TAX RECORDS.

  15. Tex. Local Government Code Sec. 112.051. SHERIFF ACCOUNT.

  16. Tex. Local Government Code Sec. 112.052. JUSTICE OF THE PEACE ACCOUNT.

  17. Tex. Local Government Code Sec. 112.053. ESTRAY ACCOUNT.

  18. Tex. Local Government Code Sec. 112.054. COUNTY TREASURER ACCOUNT.

Chapter 113

  1. Tex. Local Government Code Sec. 113.0001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 113.001. COUNTY TREASURER AS CHIEF CUSTODIAN OF MONEY. The county treasurer, as chief custodian of county funds, shall keep in a designated depository and shall account for all money belonging to the county.

  3. Tex. Local Government Code Sec. 113.002. COUNTY TREASURER'S RECORD OF RECEIPTS AND EXPENDITURES. The county treasurer shall keep an account of the receipts and expenditures of all money that the treasurer receives by virtue of the office and of all debts due to and owed by the county. The treasurer shall keep accurate, detailed accounts of all the transactions of the treasurer's office.

  4. Tex. Local Government Code Sec. 113.003. RECEIPT OF MONEY BY COUNTY TREASURER. The county treasurer shall receive all money belonging to the county from whatever source it may be derived.

  5. Tex. Local Government Code Sec. 113.004. CLASSES OF COUNTY FUNDS.

  6. Tex. Local Government Code Sec. 113.005. LIABILITY OF COUNTY TREASURER.

  7. Tex. Local Government Code Sec. 113.006. LIABILITY OF COUNTY TAX ASSESSOR-COLLECTOR. A county tax assessor-collector and any surety on the assessor-collector's bond are relieved of responsibility for safekeeping funds collected from taxes after the funds are deposited as required by law with the county depository.

  8. Tex. Local Government Code Sec. 113.008. RECONCILIATION OF DEPOSITORY ACCOUNTS.

  9. Tex. Local Government Code Sec. 113.009. CIVIL LIABILITY OF COUNTY TAX ASSESSOR-COLLECTOR; AUDIT BY COMPTROLLER.

  10. Tex. Local Government Code Sec. 113.021. REQUIREMENT THAT MONEY BE DEPOSITED WITH COUNTY TREASURER; INTEREST.

  11. Tex. Local Government Code Sec. 113.022. TIME FOR MAKING DEPOSITS.

  12. Tex. Local Government Code Sec. 113.023. DEPOSIT WARRANTS.

  13. Tex. Local Government Code Sec. 113.024. DEPOSIT OF MONEY DOES NOT AFFECT OWNERSHIP. The deposit of money in a county treasury does not change the ownership of the money, except to indemnify the officer and the officer's surety, or any other owner of the money, during the period of deposit with the county.

  14. Tex. Local Government Code Sec. 113.041. DISBURSEMENT OF MONEY BY COUNTY TREASURER; PAYMENT BY CHECK OR ELECTRONIC TRANSMISSION; LOST OR DESTROYED INSTRUMENT.

  15. Tex. Local Government Code Sec. 113.042. ENDORSEMENT BY COUNTY TREASURER; OTHER REQUIREMENTS FOR ORDER FOR PAYMENT.

  16. Tex. Local Government Code Sec. 113.043. COUNTERSIGNATURE BY COUNTY AUDITOR. In a county with a county auditor, the county treasurer and the county depository may not pay a check or order for payment unless it is countersigned by the county auditor to validate it as a proper and budgeted item of expenditure. This section does not apply to a check or order for jury service or for restitution collected on behalf of an individual as authorized by law.

  17. Tex. Local Government Code Sec. 113.045. COMPARISON OF VOUCHERS AND REPORTS; TREASURER TO BE CREDITED. The county treasurer shall present to the commissioners court the vouchers relating to and accompanying each financial report for comparison with the report. All proper vouchers shall be allowed and the treasurer shall be credited with the amount of the vouchers.

  18. Tex. Local Government Code Sec. 113.046. REGISTER OF ORDERS FOR PAYMENT ISSUED BY JUDGE OR CLERK.

  19. Tex. Local Government Code Sec. 113.047. DISBURSEMENTS FOR SALARIES OR EXPENSES. After the deposit of funds in a county depository, an officer may draw checks on the county treasurer to disburse the funds as payment for a salary or expenses authorized by law or in payment to the county or to the person to whom the funds belong.

  20. Tex. Local Government Code Sec. 113.048. DISBURSEMENT OF MONEY FOR JURY SERVICE.

  21. Tex. Local Government Code Sec. 113.061. CLAIMS REGISTER.

  22. Tex. Local Government Code Sec. 113.063. CLAIMS INFORMATION LIST; INDEBTEDNESS TO THE COUNTY.

  23. Tex. Local Government Code Sec. 113.064. APPROVAL OF CLAIMS BY COUNTY AUDITOR.

  24. Tex. Local Government Code Sec. 113.065. REQUIREMENT FOR APPROVAL OF CLAIM. The county auditor may not audit or approve a claim unless the claim was incurred as provided by law.

  25. Tex. Local Government Code Sec. 113.901. REQUIREMENTS FOR APPROVAL OF ACCOUNTS AND REQUISITIONS.

  26. Tex. Local Government Code Sec. 113.902. PROSECUTION TO COLLECT DEBT OWED TO COUNTY; RECOVERY OF ATTORNEY'S FEES AND COSTS.

  27. Tex. Local Government Code Sec. 113.903. COLLECTION MADE BY ONE OFFICER ON BEHALF OF ANOTHER.

Chapter 114

  1. Tex. Local Government Code Sec. 114.001. GENERAL REQUIREMENTS APPLICABLE TO REPORTS.

  2. Tex. Local Government Code Sec. 114.002. COUNTY AUDITOR'S AUTHORITY TO DETERMINE TIME AND MANNER OF REPORTS MADE TO AUDITOR. The county auditor shall determine:

  3. Tex. Local Government Code Sec. 114.003. PENALTY FOR FAILURE TO FURNISH COUNTY AUDITOR WITH REPORT; REMOVAL.

  4. Tex. Local Government Code Sec. 114.021. COUNTY TREASURER'S TABULAR STATEMENT TO COMMISSIONERS COURT AT REGULAR TERM.

  5. Tex. Local Government Code Sec. 114.022. COUNTY ANNUAL FINANCIAL EXHIBIT.

  6. Tex. Local Government Code Sec. 114.023. COUNTY AUDITOR'S MONTHLY REPORT TO COMMISSIONERS COURT IN COUNTY WITH POPULATION OF MORE THAN 225,000.

  7. Tex. Local Government Code Sec. 114.024. COUNTY AUDITOR'S REPORT TO COMMISSIONERS COURT AT REGULAR MEETING. At each regular meeting of the commissioners court, the county auditor shall present a tabulated report of:

  8. Tex. Local Government Code Sec. 114.025. COUNTY AUDITOR'S MONTHLY AND ANNUAL REPORTS TO COMMISSIONERS COURT AND DISTRICT JUDGES.

  9. Tex. Local Government Code Sec. 114.026. COUNTY TREASURER'S REPORT TO COMMISSIONERS COURT AT REGULAR TERM.

  10. Tex. Local Government Code Sec. 114.041. STATEMENT OF FEES, COMMISSIONS, AND OTHER MONEY RECEIVED BY OFFICERS.

  11. Tex. Local Government Code Sec. 114.043. PERIODIC REPORT TO COUNTY AUDITOR BY OFFICER WHO HAS CUSTODY OF MONEY IN COUNTY WITH POPULATION OF 190,000 OR MORE. In a county with a population of 190,000 or more, the county auditor may require a district clerk, district attorney, county officer, or precinct officer to furnish monthly reports, annual reports, or other reports regarding any money, tax, or fee received, disbursed, or remaining on hand. In connection with those reports, the auditor may count the cash in the custody of the officer or verify the amount on deposit in the bank in which the officer has deposited the cash for safekeeping.

  12. Tex. Local Government Code Sec. 114.044. REPORT TO COMMISSIONERS COURT AT REGULAR TERM BY OFFICER WHO COLLECTS FINES, JUDGMENTS, OR JURY FEES.

  13. Tex. Local Government Code Sec. 114.046. ANNUAL REPORT TO DISTRICT CLERK BY OFFICER ON FEE BASIS WHO COLLECTS FEES OR COMMISSIONS; REMOVAL.

  14. Tex. Local Government Code Sec. 114.061. COUNTY TREASURER'S MONTHLY CLAIMS REPORT TO COUNTY CLERK.

  15. Tex. Local Government Code Sec. 114.081. DEFINITIONS. In this subchapter:

  16. Tex. Local Government Code Sec. 114.082. COUNTY FINANCIAL DATA ADVISORY COMMITTEE; DUTIES.

  17. Tex. Local Government Code Sec. 114.083. MEMBERSHIP; OFFICERS.

  18. Tex. Local Government Code Sec. 114.084. MEETINGS. The committee shall meet quarterly on dates determined by the presiding officer and may hold other meetings at the call of the presiding officer.

  19. Tex. Local Government Code Sec. 114.085. PERSONNEL AND SUPPORT.

Chapter 115

  1. Tex. Local Government Code Sec. 115.001. EXAMINATION OF RECORDS. The county auditor shall have continual access to and shall examine and investigate the correctness of:

  2. Tex. Local Government Code Sec. 115.002. EXAMINATION OF BOOKS AND REPORTS.

  3. Tex. Local Government Code Sec. 115.003. EXAMINATION OF FUNDS HELD BY COUNTY TREASURER.

  4. Tex. Local Government Code Sec. 115.0035. EXAMINATION OF FUNDS COLLECTED BY COUNTY ENTITY OR THE DISTRICT ATTORNEY.

  5. Tex. Local Government Code Sec. 115.0036. EXAMINATION AND AUDIT OF RECORDS OF CERTAIN SPECIAL DISTRICTS.

  6. Tex. Local Government Code Sec. 115.004. AUDIT IN COUNTY WITH POPULATION OF 190,000 OR MORE.

  7. Tex. Local Government Code Sec. 115.021. AUDIT AND SETTLEMENT OF ACCOUNTS. The commissioners court of a county shall audit and settle all accounts against the county and shall direct the payment of those accounts.

  8. Tex. Local Government Code Sec. 115.022. EXAMINATION OF ACCOUNTS AND REPORTS; SETTLEMENT.

  9. Tex. Local Government Code Sec. 115.031. AUDIT BY ACCOUNTANT.

  10. Tex. Local Government Code Sec. 115.032. SPECIAL AUDIT AFTER VOTER PETITION.

  11. Tex. Local Government Code Sec. 115.033. AUDIT BY FINANCE COMMITTEE.

  12. Tex. Local Government Code Sec. 115.041. INDEPENDENT AUDIT IN COUNTY WITHOUT OFFICE OF COUNTY AUDITOR. At least once every two years, the commissioners court of a county that does not have the office of county auditor shall have conducted an independent audit of the books, records, and accounts of each of the county officers, agents, and employees and of any other matter that relates to the county's fiscal affairs.

  13. Tex. Local Government Code Sec. 115.042. AUDIT IN COUNTIES WITH POPULATION LESS THAN 25,000.

  14. Tex. Local Government Code Sec. 115.043. AUDIT BY ACCOUNTANT IN COUNTIES WITH POPULATION OF 40,000 TO 100,000.

  15. Tex. Local Government Code Sec. 115.044. BIENNIAL INDEPENDENT AUDIT IN CERTAIN COUNTIES.

  16. Tex. Local Government Code Sec. 115.045. ANNUAL INDEPENDENT AUDIT IN COUNTIES WITH POPULATION OF 350,000 OR MORE.

  17. Tex. Local Government Code Sec. 115.901. EXAMINATION OF CERTAIN RECORDS BY COUNTY AUDITOR OR COUNTY TREASURER.

Chapter 116

  1. Tex. Local Government Code Sec. 116.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 116.002. MONEY AFFECTED.

  3. Tex. Local Government Code Sec. 116.021. DEPOSITORY AND SUBDEPOSITORY CONTRACTS.

  4. Tex. Local Government Code Sec. 116.022. NOTICE.

  5. Tex. Local Government Code Sec. 116.023. APPLICATIONS.

  6. Tex. Local Government Code Sec. 116.024. SELECTION OF DEPOSITORIES AND SUBDEPOSITORIES.

  7. Tex. Local Government Code Sec. 116.025. DESIGNATION OF DEPOSITORY OR SUBDEPOSITORY. When security is provided in accordance with Subchapter C and is approved by the commissioners court, the commissioners court shall, by an order entered in its minutes, designate the bank as a depository or subdepository for the funds of the county. The designation is effective until the end of the 60th day after the date fixed for the next selection of a depository or subdepository.

  8. Tex. Local Government Code Sec. 116.026. APPLICANTS OUTSIDE COUNTY.

  9. Tex. Local Government Code Sec. 116.027. SELECTION OF NONAPPLICANT DEPOSITORY.

  10. Tex. Local Government Code Sec. 116.028. SUCCESSOR BANK AS COUNTY DEPOSITORY.

  11. Tex. Local Government Code Sec. 116.051. QUALIFICATION AS DEPOSITORY OR SUBDEPOSITORY. Within 15 days after the date a bank is selected as a county depository or subdepository, the bank must qualify as the depository or subdepository by providing security for the funds to be deposited by the county with the bank. The depository or subdepository may secure these funds, at the option of the commissioners court, by:

  12. Tex. Local Government Code Sec. 116.052. PERSONAL BOND.

  13. Tex. Local Government Code Sec. 116.053. SURETY BOND.

  14. Tex. Local Government Code Sec. 116.054. BONDS, NOTES, AND OTHER SECURITIES.

  15. Tex. Local Government Code Sec. 116.055. FIRST MORTGAGES ON IMPROVED REAL PROPERTY.

  16. Tex. Local Government Code Sec. 116.056. REAL PROPERTY.

  17. Tex. Local Government Code Sec. 116.0565. CERTIFICATE OF DEPOSIT.

  18. Tex. Local Government Code Sec. 116.057. CONDITION OF PERSONAL BOND OR CONTRACT FOR SECURITIES.

  19. Tex. Local Government Code Sec. 116.058. AMOUNT OF SECURITY REQUIRED.

  20. Tex. Local Government Code Sec. 116.059. VALUATION OF REAL PROPERTY PROVIDED AS SECURITY. The commissioners court shall investigate all real property security and determine the value at which the property will be accepted. The commissioners court may not accept real property as security at a value greater than 50 percent of the reasonable market value of the property covered by a mortgage unless the mortgage is insured or guaranteed by the Federal Housing Administration.

  21. Tex. Local Government Code Sec. 116.060. SECURITY NOT REQUIRED FOR FEDERALLY INSURED DEPOSITS. A depository is not required to provide security for the deposit of county funds to the extent the deposits are insured under 12 U.S.C.A. Sections 1811-1832.

  22. Tex. Local Government Code Sec. 116.081. NEW BOND.

  23. Tex. Local Government Code Sec. 116.082. SUBSTITUTION OF SECURITIES.

  24. Tex. Local Government Code Sec. 116.083. RELEASE OF EXCESS SECURITY. If the securities pledged by a depository to secure county funds exceed the amount required under this chapter, the commissioners court shall permit the release of the excess.

  25. Tex. Local Government Code Sec. 116.084. INADEQUATE SECURITY. If for any reason the county funds on deposit with the county depository exceed the amount of security pledged, the depository shall immediately pledge additional security with the commissioners court.

  26. Tex. Local Government Code Sec. 116.085. SOLVENCY OF PERSONAL SURETY.

  27. Tex. Local Government Code Sec. 116.086. SOLVENCY OF SURETY COMPANY AND ADEQUACY OF SECURITIES. Whenever the commissioners court considers it necessary for the protection of the county, the commissioners court may investigate the solvency of a surety company that issues a bond on behalf of a depository of county funds or investigate the value of securities pledged by a depository to secure county funds.

  28. Tex. Local Government Code Sec. 116.087. ADDITIONAL BOND.

  29. Tex. Local Government Code Sec. 116.088. RELEASE OF SURETY COMPANY.

  30. Tex. Local Government Code Sec. 116.089. SURRENDER OF INTEREST ON SECURITIES. On the request of a county depository, the commissioners court shall surrender, when due, interest coupons or other evidence of interest on securities deposited by the depository with the commissioners court if the securities remaining pledged by a depository are adequate to meet the requirements of the commissioners court.

  31. Tex. Local Government Code Sec. 116.111. CHARACTER AND AMOUNT OF DEPOSITS. The commissioners court may determine and designate the character and amount of county funds that will be demand deposits and that will be time deposits. The commissioners court may contract with a depository for interest on time deposits at any legal rate under a federal law or under a rule adopted by the board of governors of the Federal Reserve System or by the board of directors of the Federal Deposit Insurance Corporation.

  32. Tex. Local Government Code Sec. 116.112. INVESTMENT OF FUNDS.

  33. Tex. Local Government Code Sec. 116.113. DEPOSIT OF FUNDS.

  34. Tex. Local Government Code Sec. 116.114. COLLECTIONS BY DEPOSITORY. A county depository shall collect all checks, drafts, and demands for money deposited with it by the county.

  35. Tex. Local Government Code Sec. 116.115. CLEARINGHOUSE FOR MULTIPLE DEPOSITORIES. If the funds of a county are deposited with more than one depository, the commissioners court shall by order name one of the depositories to act as a clearinghouse for the others. All county orders for payment are finally payable at the depository named as the clearinghouse.

  36. Tex. Local Government Code Sec. 116.116. OBLIGATIONS PAYABLE AT COUNTY DEPOSITORY.

  37. Tex. Local Government Code Sec. 116.117. STATEMENTS OF ACCOUNT. A depository shall make a detailed monthly statement to the commissioners court at each regular term of the court. The statement must show the daily balance credited to each of the funds on deposit.

  38. Tex. Local Government Code Sec. 116.118. DEBTS PAYABLE OTHER THAN AT COUNTY TREASURY. The commissioners court may instruct the county treasurer to deposit money adequate to pay a bond, coupon, or other indebtedness of the county at a place other than at the county treasury if by its terms the indebtedness is payable on maturity at the other location and if the payment is otherwise made in the manner required by law.

  39. Tex. Local Government Code Sec. 116.119. REQUIREMENTS FOR AUDITING AND COUNTERSIGNING UNAFFECTED. This chapter does not affect the application of a law or regulation providing for auditing and countersigning.

  40. Tex. Local Government Code Sec. 116.120. COLLECTION OF CERTAIN OVERDUE COUNTY ORDERS FOR PAYMENT OR CHECKS.

  41. Tex. Local Government Code Sec. 116.151. LIABILITIES OF SURETIES ON SEPARATE BONDS. If a county depository provides separate bonds to secure county funds, each surety under a bond is liable only for that part of a loss resulting from the failure of the depository that bears to the total loss the same ratio as the amount of the bond bears to the total amount of all bonds and securities held by the county for the protection of the funds covered by the bond.

  42. Tex. Local Government Code Sec. 116.152. SUBROGATION OF SURETIES. If a personal surety or a surety company pays for a loss to a county under a depository bond, the surety is subrogated to the rights of the county in an amount equal to the amount of the surety's payment. However, the amount of the subrogation may not exceed the amount of the deposit secured by the surety at the time of the depository's default.

  43. Tex. Local Government Code Sec. 116.153. PRO RATA RECOVERY BY STATE AND COUNTY. If a county depository becomes insolvent and it becomes necessary to resort to the depository's bond or bonds to recover funds of the county and the state, the state and county are entitled to share pro rata in the recovery.

  44. Tex. Local Government Code Sec. 116.154. LIABILITY OF DEPOSITORY PENDING COLLECTION OF DEPOSITS. A county depository that uses due diligence to collect a check, draft, or demand for money deposited by the county with the depository is not liable for the collection until the proceeds have been received by the depository. The depository shall charge the county and the county shall pay a collection expense that the depository may not pay or absorb because of a federal law or a regulation adopted by the board of governors of the Federal Reserve System or by the board of directors of the Federal Deposit Insurance Corporation.

  45. Tex. Local Government Code Sec. 116.155. FAILURE OF DEPOSITORY TO PAY CHECK OR ORDER FOR PAYMENT. A depository that does not pay a check or order for payment as required by Section 116.116(a) is liable for and shall pay to the holder 10 percent of the amount of the check or order for payment, and the commissioners court shall revoke the order creating the depository.

Chapter 117

  1. Tex. Local Government Code Sec. 117.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 117.002. TRANSFER OF UNCLAIMED FUNDS TO COMPTROLLER. Any funds deposited under this chapter, except cash bail bonds, that are presumed abandoned under Chapter 72, 73, or 75, Property Code, shall be reported and delivered by the county or district clerk to the comptroller without further action by any court. The dormancy period for funds deposited under this chapter begins on the later of:

  3. Tex. Local Government Code Sec. 117.003. COMPLIANCE WITH FEDERAL TAX LAW FOR FUNDS HELD UNDER THIS CHAPTER.

  4. Tex. Local Government Code Sec. 117.021. APPLICATIONS.

  5. Tex. Local Government Code Sec. 117.022. NOTICE. A county shall advertise or give notice that the county will accept applications to be the depository for registry funds held by the county clerk and the district clerk in the same manner as notice is required under Section 116.022.

  6. Tex. Local Government Code Sec. 117.023. SELECTION OF DEPOSITORY.

  7. Tex. Local Government Code Sec. 117.024. QUALIFICATION AS DEPOSITORY. Within 30 days after the date a bank is selected as a depository under this subchapter, the bank must qualify to serve as the depository in the same manner as is required for the qualification of county depositories under Chapter 116.

  8. Tex. Local Government Code Sec. 117.025. DESIGNATION OF DEPOSITORY.

  9. Tex. Local Government Code Sec. 117.026. ADVERTISEMENT FOR AND SELECTION OF DEPOSITORY OUTSIDE THE COUNTY.

  10. Tex. Local Government Code Sec. 117.027. FAILURE TO SELECT DEPOSITORY. If the commissioners court has not selected a depository under this subchapter, a clerk holding money, an evidence of debt, an instrument of writing, or any other article deposited into the registry of the court pending the result of a legal proceeding shall seal the article in a secure package and deposit the package in an iron safe or a bank vault.

  11. Tex. Local Government Code Sec. 117.028. APPLICATION OF COUNTY DEPOSITORY LAW. Except as otherwise expressly stated, the provisions of Chapter 116 relating to county depositories also apply to a depository selected under this chapter.

  12. Tex. Local Government Code Sec. 117.052. DEPOSITS OF REGISTRY FUNDS BY COUNTY AND DISTRICT CLERKS.

  13. Tex. Local Government Code Sec. 117.0521. CUSTODIANSHIP. A clerk shall act only in a custodial capacity in relation to a registry fund, a special account, or a separate account. A clerk is not a trustee for the beneficial owner and does not assume the duties, obligations, or liabilities of a trustee for a beneficial owner.

  14. Tex. Local Government Code Sec. 117.053. WITHDRAWAL OF FUNDS.

  15. Tex. Local Government Code Sec. 117.054. COUNTY EXPENSES PAID FROM INTEREST.

  16. Tex. Local Government Code Sec. 117.055. COUNTY EXPENSES PAID FROM FEES.

  17. Tex. Local Government Code Sec. 117.056. OBLIGATIONS PAYABLE AT COUNTY SEAT.

  18. Tex. Local Government Code Sec. 117.057. NEW BOND.

  19. Tex. Local Government Code Sec. 117.058. ACCOUNTING FOR AND DISBURSING REGISTRY FUNDS IN COUNTIES WITH POPULATION OF 190,000 OR MORE.

  20. Tex. Local Government Code Sec. 117.081. LIABILITY OF COUNTY AND DISTRICT CLERKS.

  21. Tex. Local Government Code Sec. 117.083. LOSS OF REGISTRY FUNDS. If registry funds held by a county clerk or a district clerk and deposited by the county with a depository selected under Subchapter B are lost for any reason, including a loss due to the insolvency of the depository, the county is liable to the rightful owner of the funds for the full amount of the funds due the owner.

  22. Tex. Local Government Code Sec. 117.084. DEPOSITORY TO PAY CHECK ON PRESENTMENT. A depository selected under Subchapter B shall pay a check drawn against funds deposited with the depository in a special or separate account on presentation of the check if the funds that are subject to the check are in the possession of the depository.

  23. Tex. Local Government Code Sec. 117.111. SUBCHAPTER APPLICABLE TO COUNTY WITH POPULATION OF 1.3 MILLION OR MORE. This subchapter applies only to a county with a population of 1.3 million or more.

  24. Tex. Local Government Code Sec. 117.112. MONEY AFFECTED. This subchapter applies to the following kinds of money paid into the registry of any court for which a clerk is or may become responsible:

  25. Tex. Local Government Code Sec. 117.113. DEPOSITORY CONTRACT. The commissioners court of the county collecting the funds may contract with one or more banks in the county for the deposit of the funds in a special account to be called the "registry fund."

  26. Tex. Local Government Code Sec. 117.114. NOTICE. Once each week for at least three consecutive weeks before the date the contract will be awarded, the county judge shall place over the judge's name in a newspaper published in the county a notice that the commissioners court intends to make the contract. A notice shall also be posted at the courthouse door of the county.

  27. Tex. Local Government Code Sec. 117.115. APPLICATIONS. A bank in the county that wants to be a special depository for the registry fund is subject to the same application provisions as those prescribed by Section 116.023 for the applicants for the county depository contract.

  28. Tex. Local Government Code Sec. 117.116. SELECTION OF DEPOSITORY. At the time and place stated in the notice, the commissioners court shall select a special depository for the registry fund in accordance with the same provisions as those prescribed by Section 116.024 for the selection of a county depository.

  29. Tex. Local Government Code Sec. 117.117. QUALIFICATION AS DEPOSITORY. A bank selected as a special depository for the registry fund must qualify as the depository in accordance with the same provisions as those prescribed by Subchapter C, Chapter 116, for the qualification as a county depository.

  30. Tex. Local Government Code Sec. 117.118. APPLICATION OF COUNTY DEPOSITORY LAW. Matters regarding special depositories for the registry fund are subject to the same provisions as those prescribed by Chapter 116 regarding county depositories, including Sections 116.026 and 116.028.

  31. Tex. Local Government Code Sec. 117.119. DEPOSIT OF FUNDS. Money paid into the registry of the court shall be deposited by a clerk into the registry fund at the special depository.

  32. Tex. Local Government Code Sec. 117.120. CUSTODIANSHIP. A clerk shall act only in a custodial capacity regarding the registry fund, is not considered to be a trustee for the beneficial owner, and is not considered to have assumed the duties, obligations, or liabilities of a trustee for the beneficial owner.

  33. Tex. Local Government Code Sec. 117.121. DISBURSEMENT OF FUNDS.

  34. Tex. Local Government Code Sec. 117.122. INTEREST.

  35. Tex. Local Government Code Sec. 117.123. AUDIT.

  36. Tex. Local Government Code Sec. 117.124. LIABILITY OF CLERK.

  37. Tex. Local Government Code Sec. 117.125. TRANSFER OF MONEY.

Chapter 118

  1. Tex. Local Government Code Sec. 118.001. DEFINITION. In this chapter, "document" includes any instrument, document, paper, or record.

  2. Tex. Local Government Code Sec. 118.002. BILL FOR FEES. A fee under this chapter is not payable to a person until a clerk or officer produces or is ready to produce a bill in writing containing the details of the fee to the person who owes the fee. The bill must be signed by the clerk or officer to whom the fee is due or who charges the fee or by the successor in office or legal representative of the clerk or officer.

  3. Tex. Local Government Code Sec. 118.011. FEE SCHEDULE.

  4. Tex. Local Government Code Sec. 118.012. PERSONAL PROPERTY RECORDS FILING.

  5. Tex. Local Government Code Sec. 118.013. REAL PROPERTY RECORDS FILING.

  6. Tex. Local Government Code Sec. 118.0131. OPTIONAL RECORDING FEES FOR COURT FACILITIES: HIDALGO COUNTY AND CAMERON COUNTY. The county clerk of Hidalgo County and the county clerk of Cameron County may assess an additional fee not to exceed $10 for real property records filing to fund the construction, renovation, or improvement of court facilities, if authorized by the commissioners court of the county.

  7. Tex. Local Government Code Sec. 118.0135. WAIVER OF REAL PROPERTY FILING FEES.

  8. Tex. Local Government Code Sec. 118.014. CERTIFIED PAPERS.

  9. Tex. Local Government Code Sec. 118.0145. NONCERTIFIED PAPERS.

  10. Tex. Local Government Code Sec. 118.015. BIRTH OR DEATH CERTIFICATE.

  11. Tex. Local Government Code Sec. 118.016. BOND APPROVAL. The fee for "Bond Approval" under Section 118.011 is for approving bonds other than notarial bonds and bonds required to be approved in a county civil or criminal court or in a probate court. The fee must be paid at the time of approval.

  12. Tex. Local Government Code Sec. 118.018. MARRIAGE LICENSE.

  13. Tex. Local Government Code Sec. 118.019. DECLARATION OF INFORMAL MARRIAGE. The fee for "Declaration of Informal Marriage" under Section 118.011 is for all services rendered in connection with the execution of a declaration of informal marriage under Section 1.92, Family Code. The fee shall be collected at the time the service is rendered.

  14. Tex. Local Government Code Sec. 118.020. BRAND REGISTRATION. The fee for "Brand Registration" under Section 118.011 is for registering a brand, including indexing, searching the records, and issuing the certificate.

  15. Tex. Local Government Code Sec. 118.021. OATH ADMINISTRATION.

  16. Tex. Local Government Code Sec. 118.0215. RETURNED CHECK. The fee for "Returned Check" under Section 118.011 is for a check that is presented to the county clerk in payment of taxes or any other item the person owes to the county and is returned by the depository bank or any other financial institution because of:

  17. Tex. Local Government Code Sec. 118.0216. RECORDS MANAGEMENT AND PRESERVATION.

  18. Tex. Local Government Code Sec. 118.0217. MENTAL HEALTH BACKGROUND CHECK.

  19. Tex. Local Government Code Sec. 118.022. DISPOSITION OF MARRIAGE LICENSE AND DECLARATION FEES.

  20. Tex. Local Government Code Sec. 118.023. FEES FOR EX OFFICIO SERVICES.

  21. Tex. Local Government Code Sec. 118.024. FREE ACCESS TO RECORDS.

  22. Tex. Local Government Code Sec. 118.025. COUNTY CLERK'S RECORDS ARCHIVE.

  23. Tex. Local Government Code Sec. 118.026. FEE FOR COUNTY RECORDS TECHNOLOGY AND INFRASTRUCTURE IN CERTAIN COUNTIES.

  24. Tex. Local Government Code Sec. 118.051. CLERICAL DUTIES. The fees listed in this subchapter for county civil court dockets under Section 118.052(1) and county probate court dockets under Section 118.052(2) are fees for all clerical duties performed in connection with the docket, including:

  25. Tex. Local Government Code Sec. 118.052. FEE SCHEDULE. Each clerk of a county court shall collect the following fees for services rendered to any person:

  26. Tex. Local Government Code Sec. 118.0525. INCREASED FEE FOR NONCOMPLIANCE WITH DOCUMENT SPECIFICATIONS. If a legal paper presented to a county clerk for filing or for recording does not comply with the specifications prescribed by Section 191.007, the filing fee or recording fee for the paper is increased as provided by that section.

  27. Tex. Local Government Code Sec. 118.0526. COPIES OF COURT RECORDS PRESERVED ONLY ON MICROFILM OR BY ELECTRONIC METHOD.

  28. Tex. Local Government Code Sec. 118.0545. SERVICES RENDERED AFTER JUDGMENT IN ORIGINAL ACTION.

  29. Tex. Local Government Code Sec. 118.056. SERVICES IN PENDING PROBATE ACTION.

  30. Tex. Local Government Code Sec. 118.058. CLAIM AGAINST ESTATE.

  31. Tex. Local Government Code Sec. 118.059. ISSUING DOCUMENT.

  32. Tex. Local Government Code Sec. 118.060. CERTIFIED PAPERS, NO RETURN REQUIRED.

  33. Tex. Local Government Code Sec. 118.0605. NONCERTIFIED PAPERS.

  34. Tex. Local Government Code Sec. 118.061. LETTERS AND ABSTRACTS. The fee for "Letters Testamentary, Letter of Guardianship, Letter of Administration, or Abstract of Judgment" under Section 118.052(3) is for the issuing of any of those documents.

  35. Tex. Local Government Code Sec. 118.062. DEPOSIT AND SAFEKEEPING OF WILLS. The fee for "Deposit and Safekeeping of Wills" under Section 118.052(3) is for receiving and keeping wills deposited for safekeeping. The fee must be paid at the time the will is deposited with the county clerk.

  36. Tex. Local Government Code Sec. 118.063. MAIL SERVICE OF PROCESS. The fee for "Mail Service of Process" under Section 118.052(3) is for the clerk's service of process by certified or registered mail. The fee is the same amount that sheriffs and constables are authorized to charge under Section 118.131.

  37. Tex. Local Government Code Sec. 118.065. FREE ACCESS TO RECORDS.

  38. Tex. Local Government Code Sec. 118.066. PROHIBITED FEES. A county clerk is not entitled to a fee for:

  39. Tex. Local Government Code Sec. 118.070. FEE FOR SEARCH OF RECORDS. The clerk of a county court may collect a fee for searching files or records to locate a cause when the docket number is not provided.

  40. Tex. Local Government Code Sec. 118.101. FEE SCHEDULE. The county judge shall collect the following fees in probate matters:

  41. Tex. Local Government Code Sec. 118.121. FEE SCHEDULE. A justice of the peace shall collect the following fees for services rendered after judgment (Sec. 118.123):

  42. Tex. Local Government Code Sec. 118.123. FEES AFTER ENTRY OF JUDGMENT.

  43. Tex. Local Government Code Sec. 118.1235. FEE FOR CERTIFIED COPY. The fee for "Certified copy of court papers" under Section 118.121(4) is for issuing a certified copy of a paper filed in a justice court or a small claims court. The fee must be paid at the time the order is placed.

  44. Tex. Local Government Code Sec. 118.124. PROHIBITED FEES. A justice of the peace is not entitled to a fee for:

  45. Tex. Local Government Code Sec. 118.131. FEES SET BY COMMISSIONERS COURT.

  46. Tex. Local Government Code Sec. 118.132. SERVICE OF PROCESS FOR APPELLATE COURT. A sheriff shall collect the same fee for service of process issued by the supreme court or a court of appeals as the fee provided for service of process issued by a district court.

  47. Tex. Local Government Code Sec. 118.133. SHERIFF'S AND CONSTABLE'S RESPONSE TO FALSE ALARM IN POPULOUS COUNTY.

  48. Tex. Local Government Code Sec. 118.134. PAYMENT OF COSTS INCURRED FOR CARE OF CERTAIN PROPERTY.

  49. Tex. Local Government Code Sec. 118.141. FEE SCHEDULE.

  50. Tex. Local Government Code Sec. 118.142. RETURNED CHECK. The fee for "Returned check" under Section 118.141 is for a check that is presented to a county in payment of any service, fee, claim, registration, fine, or other cost of the county and is returned by the depository bank or another bank for any reason considered to be the fault of the drawer, including:

  51. Tex. Local Government Code Sec. 118.143. STOP-PAYMENT ORDER. The fee for a "Stop-payment order" under Section 118.141 is for placement of a stop-payment order on a check issued by a county for which the county will be directly or indirectly charged by the depository bank or another bank.

  52. Tex. Local Government Code Sec. 118.144. COPY OF CHECK OR OTHER RECORD. The fee for "Copy of check or other record" under Section 118.141 is for each copy made of a page or part of a page of records, orders, checks, or other papers on file or of record in the treasurer's office. The fee applies to both certified and uncertified copies.

  53. Tex. Local Government Code Sec. 118.145. DISPOSITION OF FEES COLLECTED. The fees collected under this subchapter shall be deposited in the general fund of the county to the credit of the county treasurer fees of office account.

  54. Tex. Local Government Code Sec. 118.161. FEE SCHEDULE. A county surveyor shall collect the following fees:

  55. Tex. Local Government Code Sec. 118.171. RETURNED CHECK. The county tax assessor-collector has the same authority to set and collect a fee for a check returned to the tax assessor-collector that the county clerk has under Sections 118.011 and 118.0215.

  56. Tex. Local Government Code Sec. 118.801. OVERCHARGING OF FEES; PENALTY.

Chapter 119

  1. Tex. Local Government Code Sec. 119.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 119.002. CREATION OF RISK MANAGEMENT POOL.

  3. Tex. Local Government Code Sec. 119.003. ORGANIZATION OF POOL; TEMPORARY BOARD. On the creation of the pool, each commissioners court adopting a resolution to create the pool shall select one representative to meet with the representatives of the other counties adopting creation resolutions. At the meeting, the representatives shall adopt guidelines for developing an organizational plan for the pool and shall select nine persons from their number to serve as a temporary board of trustees for the pool.

  4. Tex. Local Government Code Sec. 119.004. PLAN OF OPERATION.

  5. Tex. Local Government Code Sec. 119.005. BOARD OF TRUSTEES.

  6. Tex. Local Government Code Sec. 119.006. RISK MANAGEMENT FUND.

  7. Tex. Local Government Code Sec. 119.007. CERTAIN REQUIREMENTS FOR INITIAL COVERAGE; SURCHARGE.

  8. Tex. Local Government Code Sec. 119.008. NOT INSURANCE; BOARD OF INSURANCE LACKS JURISDICTION.

  9. Tex. Local Government Code Sec. 119.009. PARTICIPATION BY OTHER POLITICAL SUBDIVISIONS.

  10. Tex. Local Government Code Sec. 119.010. CERTAIN COVERAGE AUTHORIZED; DISTRICT JUDGES. The pool may provide coverage against liability for the acts or omissions of a district judge whose judicial district is located, in whole or in part, within the geographic boundaries of a county participating in the pool that arise in the course and scope of the judge's official duties as a judge. A county participating in the pool, a district judge from personal funds, or both the county and the judge, may pay the additional cost of this coverage.

  11. Tex. Local Government Code Sec. 119.011. CERTAIN COVERAGE AUTHORIZED; VOLUNTEER FIRE DEPARTMENTS. The pool may provide coverage against liability for the acts or omissions of:

  12. Tex. Local Government Code Sec. 119.012. NOTICE OF CANCELLATION OR CHANGE OF COVERAGE.

  13. Tex. Local Government Code Sec. 119.013. QUALIFICATIONS OF ADMINISTRATOR. The individual responsible for administration of the pool, whether employed by the pool or any other entity:

  14. Tex. Local Government Code Sec. 119.014. APPLICATION REQUIREMENTS. The requirements of Section 119.012 shall apply to cancellation of, or any change to the terms or conditions of, a contractual obligation to indemnify for liability for the acts or omissions of a county or its officers and employees provided to any county through any intergovernmental risk-sharing pool or insurance coverage.

Chapter 120

  1. Tex. Local Government Code Sec. 120.001. APPLICABILITY. This chapter applies only to a county with a population of more than 1.2 million.

  2. Tex. Local Government Code Sec. 120.002. ELECTION REQUIRED.

  3. Tex. Local Government Code Sec. 120.003. DISASTER EXCEPTION. Section 120.002 does not apply to a county budget adopted for a fiscal year in which, or the two fiscal years following the fiscal year in which, a significant budget reduction from the preceding fiscal year was caused by a disaster, including a tornado, hurricane, flood, wildfire, or other calamity, but not including a drought, epidemic, or pandemic, in an area of the county that was the subject of a disaster declaration by the governor under Chapter 418, Government Code, or by the president of the United States.

  4. Tex. Local Government Code Sec. 120.004. BALLOT PROPOSITION REQUIREMENTS. A county holding an election under this chapter shall ensure that the ballot proposition for the election includes, as applicable:

  5. Tex. Local Government Code Sec. 120.005. USE OF PUBLIC MONEY FOR CAMPAIGN PROHIBITED. A county holding an election under this chapter may not use public money on promotional campaigns or advocacy related to the proposed reduction or reallocation. This section may not be construed to prevent a county official or employee from communicating factual information about a proposed budget or the reasoning behind a proposed budget to the voters in the county.

  6. Tex. Local Government Code Sec. 120.006. COMPLAINT.

  7. Tex. Local Government Code Sec. 120.007. COMPTROLLER INVESTIGATION; TAX RATE LIMITATION.

Chapter 130

  1. Tex. Local Government Code Sec. 130.001. DEFINITIONS. In this subchapter:

  2. Tex. Local Government Code Sec. 130.002. ACCEPTANCE OF CHECK OR CREDIT CARD PAYMENT OF CERTAIN FEES AND TAXES. A county tax assessor-collector may accept a check or credit card invoice for the payment of:

  3. Tex. Local Government Code Sec. 130.003. PAYMENT CONDITIONAL.

  4. Tex. Local Government Code Sec. 130.004. IDENTIFICATION REQUIRED. When a county tax assessor-collector receives a check or credit card invoice as conditional payment of a fee or tax, the assessor-collector shall require adequate identification of the maker and note on the check or invoice or otherwise record the type of identification of the maker and information from the identification to assist in locating the maker in the event the check or invoice is not honored.

  5. Tex. Local Government Code Sec. 130.0045. CREDIT CARD PAYMENT PROCESSING FEE.

  6. Tex. Local Government Code Sec. 130.0046. FEE FOR PAYMENT BY ELECTRONIC MEANS. A county tax assessor-collector that accepts payment by electronic means as conditional payment of a county or state fee or tax may collect a handling fee for processing the payment. The handling fee is in addition to the amount of the fee or tax and may be paid conditionally by electronic means at the same time the tax or fee is paid.

  7. Tex. Local Government Code Sec. 130.005. LIABILITY OF ASSESSOR-COLLECTOR AND BONDSMAN. Except as provided by Section 130.008, a county tax assessor-collector and the assessor-collector's bondsman are not liable for the amount of any fee or tax for which the assessor-collector has accepted a check that is not honored by the drawee bank or credit card invoice that is not honored by the credit card issuer if the assessor-collector complied with the requirements of Section 130.004 and if the assessor-collector did not know or should not reasonably have known that the check was not properly drawn, that the credit card payment was not properly made, or that the check or credit card invoice would not be honored.

  8. Tex. Local Government Code Sec. 130.006. PROCEDURES FOR COLLECTION OF DISHONORED CHECKS AND INVOICES.

  9. Tex. Local Government Code Sec. 130.007. REMISSION TO STATE NOT REQUIRED; STATE ASSISTANCE IN COLLECTION.

  10. Tex. Local Government Code Sec. 130.008. LIABILITY OF TAX COLLECTOR FOR VIOLATIONS OF SUBCHAPTER. If the comptroller or the Texas Department of Motor Vehicles determines that the county tax assessor-collector has accepted payment for fees and taxes to be remitted to that department in violation of Section 130.004 or that more than two percent of the fees and taxes to be received from the assessor-collector are not remitted because of the acceptance of checks that are not honored by the drawee bank or of credit card invoices that are not honored by the credit card issuer, the department may notify the assessor-collector that the assessor-collector may not accept a check or credit card invoice for the payment of any fee or tax to be remitted to that department. A county tax assessor-collector who accepts a check or credit card invoice for the payment of a fee or tax, after notice that the assessor-collector may not receive a check or credit card invoice for the payment of fees or taxes to be remitted to a department, is liable to the state for the amount of the check or credit card invoice accepted.

  11. Tex. Local Government Code Sec. 130.009. STATE RULES. The comptroller and the Texas Department of Motor Vehicles may make rules concerning the acceptance of checks or credit card invoices by a county tax assessor-collector and for the collection of dishonored checks or credit card invoices.

  12. Tex. Local Government Code Sec. 130.901. SALE OF RIGHTS TO JUDGMENT PROCEEDS.

  13. Tex. Local Government Code Sec. 130.902. CHANGE FUND IN COUNTIES.

  14. Tex. Local Government Code Sec. 130.903. REQUIREMENTS AND PROHIBITIONS RELATED TO COUNTY LAW ENFORCEMENT IN CERTAIN COUNTIES.

  15. Tex. Local Government Code Sec. 130.904. SHERIFF'S PETTY CASH FUND.

  16. Tex. Local Government Code Sec. 130.905. PETTY CASH FUND FOR COUNTY WELFARE DEPARTMENT IN POPULOUS COUNTY.

  17. Tex. Local Government Code Sec. 130.906. NATIONAL FOREST RECEIPTS ALLOCATED FOR SCHOOL DISTRICTS AND ROADS. The commissioners court of a county in which a national forest is located and that receives funds from the federal government under 16 U.S.C. Section 500 shall allocate 50 percent of the funds to the school districts of the county in proportion to the area encompassed by each district and shall either allocate the remaining 50 percent for the benefit of the public roads in the county or transfer that amount to the school districts.

  18. Tex. Local Government Code Sec. 130.907. AID TO STATE AND FEDERAL AGENCIES IN COUNTY WITH POPULATION OF 22,050 TO 23,000. In each county with a population of 22,050 to 23,000, the commissioners court may provide financial aid and facilities, as the court considers necessary, to a state or federal governmental agency or bureau that conducts activities or maintains projects within the county.

  19. Tex. Local Government Code Sec. 130.908. APPROVAL OF SPENDING BY CERTAIN COUNTY AND PRECINCT OFFICERS. If an incumbent county or precinct officer is not renominated or is not reelected to the county or precinct office of a county, during the time following the date the results of the official canvass of the primary or election returns are announced, the commissioners court must approve any expenditure by the incumbent county or precinct officer who was not renominated or reelected that is over an amount set by the commissioners court.

  20. Tex. Local Government Code Sec. 130.909. PETTY CASH FUNDS FOR CERTAIN OFFICIALS.

  21. Tex. Local Government Code Sec. 130.910. AID TO DISASTER VICTIMS.

  22. Tex. Local Government Code Sec. 130.911. RURAL SHERIFF'S OFFICE SALARY ASSISTANCE GRANT PROGRAM.

  23. Tex. Local Government Code Sec. 130.912. RURAL CONSTABLE'S OFFICE SALARY ASSISTANCE GRANT PROGRAM.

  24. Tex. Local Government Code Sec. 130.913. RURAL PROSECUTOR'S OFFICE SALARY ASSISTANCE GRANT PROGRAM.

  25. Tex. Local Government Code Sec. 130.914. RURAL AMBULANCE SERVICE GRANT PROGRAM.

Chapter 131

  1. Tex. Local Government Code Sec. 131.001. SPECIAL DEPOSITORY AUTHORIZED. If a financial institution that is a depository under state law for the public funds of a county, municipality, or district suspends business or is taken charge of by a state or federal bank regulatory agency, the local government authority authorized to select the original depository may select by contract a special depository for the public funds in the suspended financial institution.

  2. Tex. Local Government Code Sec. 131.002. DUTIES OF SPECIAL DEPOSITORY. The special depository shall assume the payment of the amount of public funds due by the suspended bank on the date of its suspension, including interest to that date, and shall pay that amount to the designated local government authority in accordance with the contract entered into by the special depository.

  3. Tex. Local Government Code Sec. 131.003. SPECIAL DEPOSITORY CONTRACT.

  4. Tex. Local Government Code Sec. 131.004. BOND.

  5. Tex. Local Government Code Sec. 131.005. STATE FUNDS.

  6. Tex. Local Government Code Sec. 131.901. OUT-OF-STATE DEPOSITORY PROHIBITED.

  7. Tex. Local Government Code Sec. 131.902. PURSUIT OF LEGAL REMEDIES AGAINST SUSPENDED BANK. A county, municipality, or district authority may proceed with available legal remedies against a suspended bank that is a depository for public funds of the authority if the authority considers that action to be in the best interest of the public.

  8. Tex. Local Government Code Sec. 131.903. CONFLICT OF INTEREST.

Chapter 132

  1. Tex. Local Government Code Sec. 132.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 132.002. PAYMENT OF FEES OR COSTS BY CREDIT CARD OR ELECTRONIC MEANS.

  3. Tex. Local Government Code Sec. 132.003. REIMBURSEMENT FEE FOR PROCESSING CERTAIN PAYMENTS.

  4. Tex. Local Government Code Sec. 132.004. SERVICE CHARGE. If, for any reason, a payment by credit card is not honored by the credit card company on which the funds are drawn, the county or municipality may collect a service charge from the person who owes the fee, fine, court cost, or other charge. The service charge is in addition to the original fee, fine, court cost, or other charge and is for the collection of that original amount. The amount of the service charge is the same amount as the fee charged for the collection of a check drawn on an account with insufficient funds.

  5. Tex. Local Government Code Sec. 132.005. ENCUMBRANCE OF CREDIT CARDS; FEE. A county or municipality may contract with a company that issues credit cards to collect and seize credit cards issued by the company that are outdated or otherwise unauthorized. The county or municipality may charge the company a fee for the return of the credit cards.

  6. Tex. Local Government Code Sec. 132.006. DISPOSITION OF FEES AND CHARGES.

  7. Tex. Local Government Code Sec. 132.007. INFORMATION, SERVICES, AND PAYMENT THROUGH THE INTERNET.

Chapter 133

  1. Tex. Local Government Code Sec. 133.001. PURPOSE. The purpose of this chapter is to consolidate and standardize:

  2. Tex. Local Government Code Sec. 133.002. DEFINITIONS. In this chapter:

  3. Tex. Local Government Code Sec. 133.003. CRIMINAL FEES. This chapter applies to the following criminal fees:

  4. Tex. Local Government Code Sec. 133.004. CIVIL FEES. This chapter applies to the following civil fees:

  5. Tex. Local Government Code Sec. 133.051. COLLECTION AND REMITTANCE OF FEES.

  6. Tex. Local Government Code Sec. 133.052. DEPOSIT OF FEES.

  7. Tex. Local Government Code Sec. 133.053. INTEREST-BEARING ACCOUNT.

  8. Tex. Local Government Code Sec. 133.054. RECORDS.

  9. Tex. Local Government Code Sec. 133.055. QUARTERLY REMITTANCE OF FEES TO THE COMPTROLLER.

  10. Tex. Local Government Code Sec. 133.056. QUARTERLY REPORT FOR CRIMINAL FEES.

  11. Tex. Local Government Code Sec. 133.057. QUARTERLY REPORT FOR CIVIL FEES. On the last day of the month following a calendar quarter, the treasurer shall report the civil fees collected for the preceding calendar quarter.

  12. Tex. Local Government Code Sec. 133.058. PORTION OF FEE RETAINED.

  13. Tex. Local Government Code Sec. 133.059. AUDIT.

  14. Tex. Local Government Code Sec. 133.101. MEANING OF CONVICTION. In this subchapter, a person is considered to have been convicted in a case if:

  15. Tex. Local Government Code Sec. 133.102. CONSOLIDATED FEES ON CONVICTION.

  16. Tex. Local Government Code Sec. 133.104. FEES FOR SERVICES OF PEACE OFFICERS EMPLOYED BY THE STATE.

  17. Tex. Local Government Code Sec. 133.121. ALLOCATION OF FEES TO SPECIALTY COURT ACCOUNT.

  18. Tex. Local Government Code Sec. 133.122. ALLOCATION OF FEES TO JURY SERVICE FUND.

  19. Tex. Local Government Code Sec. 133.123. ALLOCATION OF FEES TO DNA TESTING ACCOUNT. The DNA testing account is an account in the general revenue fund. The account consists of money allocated to the account under Section 133.102(e). Money in the account may be appropriated only to the Department of Public Safety to help defray the cost of collecting or analyzing DNA samples provided by defendants who are required to pay a court cost under Section 133.102.

  20. Tex. Local Government Code Sec. 133.124. ALLOCATION OF FEES TO TRANSPORTATION ADMINISTRATIVE FEE ACCOUNT. The transportation administrative fee account is an account in the general revenue fund. The account consists of money allocated to the account under Section 133.102(e). Money in the account may be appropriated only to the Department of Public Safety to defray the administrative costs associated with implementing Chapter 706, Transportation Code.

  21. Tex. Local Government Code Sec. 133.125. ALLOCATION OF FEES TO YOUTH DIVERSION ACCOUNT.

  22. Tex. Local Government Code Sec. 133.151. STATE CONSOLIDATED CIVIL FEE ON FILING A CIVIL CASE.

Chapter 134

  1. Tex. Local Government Code Sec. 134.001. PURPOSE. The purpose of this chapter is to consolidate and standardize collection of fees payable to a local government in criminal matters by:

  2. Tex. Local Government Code Sec. 134.002. DEFINITIONS.

  3. Tex. Local Government Code Sec. 134.003. CRIMINAL FEES. This chapter applies to the criminal fees imposed under Sections 134.101, 134.102, and 134.103.

  4. Tex. Local Government Code Sec. 134.051. COLLECTION, REMITTANCE, AND DEPOSIT OF FEES.

  5. Tex. Local Government Code Sec. 134.052. ALLOCATION OF DEPOSITED FEES.

  6. Tex. Local Government Code Sec. 134.101. LOCAL CONSOLIDATED FEE ON CONVICTION OF FELONY.

  7. Tex. Local Government Code Sec. 134.102. LOCAL CONSOLIDATED FEE ON CONVICTION OF CLASS A OR B MISDEMEANOR.

  8. Tex. Local Government Code Sec. 134.103. LOCAL CONSOLIDATED FEE ON CONVICTION OF NONJAILABLE MISDEMEANOR.

  9. Tex. Local Government Code Sec. 134.151. MAINTENANCE OF FUNDS AND ACCOUNTS.

  10. Tex. Local Government Code Sec. 134.152. CLERK OF THE COURT ACCOUNT. Money allocated under Section 134.101 or 134.102 to the clerk of the court account maintained in the county treasury as required by Section 134.151 may be used by a county only to defray costs of services provided by a county or district clerk.

  11. Tex. Local Government Code Sec. 134.153. COUNTY SPECIALTY COURT ACCOUNT. Money allocated under Section 134.101 or 134.102 to the county specialty court account maintained in the county treasury as required by Section 134.151 may be used by a county only to fund specialty court programs established under Subtitle K, Title 2, Government Code.

  12. Tex. Local Government Code Sec. 134.154. COUNTY OR MUNICIPAL JURY FUND. Money allocated under Section 134.101, 134.102, or 134.103 to the county or municipal jury fund maintained in the county or municipal treasury, as applicable, and as required by Section 134.151 may be used by a county or municipality only to fund juror reimbursements and otherwise finance jury services.

  13. Tex. Local Government Code Sec. 134.155. CLERKS RECORDS MANAGEMENT AND PRESERVATION FUND. Money allocated under Section 134.101 or 134.102 to the clerks records management and preservation fund maintained in the county treasury as required by Section 134.151 may be used by a clerk only to fund records management and preservation services performed by the clerk who collects the fee.

  14. Tex. Local Government Code Sec. 134.156. LOCAL YOUTH DIVERSION FUND.

  15. Tex. Local Government Code Sec. 134.157. ACCOUNT FOR PROSECUTOR'S FEES. Money allocated under Section 134.102 to the account for prosecutor's fees maintained in the county treasury as required by Section 134.151 may be used by a county only to defray the costs of services provided by a prosecutor.

Chapter 135

  1. Tex. Local Government Code Sec. 135.001. PURPOSE. The purpose of this chapter is to consolidate and standardize collection of fees payable to a local government in civil cases by:

  2. Tex. Local Government Code Sec. 135.002. DEFINITIONS. In this chapter:

  3. Tex. Local Government Code Sec. 135.003. CIVIL FEES. This chapter applies to the civil fees imposed under Sections 135.101, 135.102, and 135.103 on civil, probate, guardianship, and mental health cases.

  4. Tex. Local Government Code Sec. 135.051. COLLECTION, REMITTANCE, AND DEPOSIT OF FEES.

  5. Tex. Local Government Code Sec. 135.052. ALLOCATION OF DEPOSITED FEES.

  6. Tex. Local Government Code Sec. 135.101. LOCAL CONSOLIDATED CIVIL FEE FOR CERTAIN CIVIL CASES IN DISTRICT COURT, STATUTORY COUNTY COURT, OR COUNTY COURT.

  7. Tex. Local Government Code Sec. 135.102. LOCAL CIVIL FEE FOR PROBATE, GUARDIANSHIP, AND MENTAL HEALTH CASES IN STATUTORY COUNTY COURT, STATUTORY PROBATE COURT, OR COUNTY COURT.

  8. Tex. Local Government Code Sec. 135.103. LOCAL CONSOLIDATED CIVIL FEE FOR JUSTICE COURT.

  9. Tex. Local Government Code Sec. 135.151. MAINTENANCE OF FUNDS AND ACCOUNTS.

  10. Tex. Local Government Code Sec. 135.152. COURT FACILITY FEE FUND. Money allocated under Section 135.101 or 135.102 to the court facility fee fund maintained in the county treasury as required by Section 135.151 may be used by a county only to fund the construction, renovation, or improvement of facilities that house the courts or to pay the principal of, interest on, and costs of issuance of bonds, including refunding bonds, issued for the construction, renovation, or improvement of the facilities.

  11. Tex. Local Government Code Sec. 135.153. CLERK OF THE COURT ACCOUNT. Money allocated under Section 135.101 or 135.102 to the clerk of the court account maintained in the county treasury as required by Section 135.151 may be used by a county only to defray costs of services provided by a county or district clerk.

  12. Tex. Local Government Code Sec. 135.154. CLERKS RECORDS MANAGEMENT AND PRESERVATION ACCOUNT. Money allocated under Section 135.101 or 135.102 to the clerks records management and preservation account maintained in the county treasury as required by Section 135.151 may be used by a clerk only to fund records management and preservation services, including automation, performed by the clerk who collects the fee on approval by the commissioners court of a budget as provided by Chapter 111. An expenditure from the fund must comply with Subchapter C, Chapter 262.

  13. Tex. Local Government Code Sec. 135.155. LANGUAGE ACCESS FUND. Money allocated under Section 135.101, 135.102, or 135.103 to the language access fund maintained in the county treasury as required by Section 135.151 may be used by a county only to provide language access services for individuals appearing before the court or receiving court services.

  14. Tex. Local Government Code Sec. 135.156. COUNTY JURY FUND. Money allocated under Section 135.101 or 135.102 to the county jury fund maintained in the county treasury as required by Section 135.151 may be used by a county only to fund juror reimbursements and otherwise finance jury services.

  15. Tex. Local Government Code Sec. 135.157. COUNTY DISPUTE RESOLUTION FUND.

  16. Tex. Local Government Code Sec. 135.158. COURT-INITIATED GUARDIANSHIP FUND. Money allocated under Section 135.102 to the court-initiated guardianship fund maintained in the county treasury as required by Section 135.151 may be used by a county only to supplement other available funds to:

  17. Tex. Local Government Code Sec. 135.159. JUDICIAL EDUCATION AND SUPPORT FUND. Money allocated under Section 135.102 to the judicial education and support fund maintained in the county treasury as required by Section 135.151 may be used by a county only to pay:

  18. Tex. Local Government Code Sec. 135.160. PUBLIC PROBATE ADMINISTRATOR FUND. Money allocated under Section 135.102 to the public probate administrator fund maintained in the county treasury as required by Section 135.151 may be used by a county only to support the office of public probate administrator established under Chapter 455, Estates Code. A county that does not appoint a public probate administrator subject to Chapter 455, Estates Code, shall deposit the money to the court-initiated guardianship fund.

  19. Tex. Local Government Code Sec. 135.161. JUSTICE COURT SUPPORT FUND. Money allocated under Section 135.103 to the justice court support fund maintained in the county treasury as required by Section 135.151 may be used by a county only to defray the costs of services provided by a justice court.

Chapter 140

  1. Tex. Local Government Code Sec. 140.001. RELIEF UNDER FEDERAL BANKRUPTCY LAWS FOR MUNICIPALITY, TAXING DISTRICT, OR OTHER POLITICAL SUBDIVISION.

  2. Tex. Local Government Code Sec. 140.002. INVESTMENTS BY POLITICAL SUBDIVISION IN DEFENSE BONDS AND OTHER FEDERAL OBLIGATIONS. A political subdivision that has a balance remaining in any of its accounts at the end of a fiscal year may invest the balance in defense bonds or other obligations of the United States. If those funds are needed, the political subdivision shall sell or redeem the federal obligations in which the funds are invested and shall deposit the proceeds of the obligations in the account from which they were originally drawn.

  3. Tex. Local Government Code Sec. 140.003. PURCHASING AND FINANCIAL ACCOUNTING FOR DISTRICT ATTORNEYS, JUVENILE BOARDS, AND PROBATION DEPARTMENTS.

  4. Tex. Local Government Code Sec. 140.004. BUDGETS OF CERTAIN JUVENILE BOARDS.

  5. Tex. Local Government Code Sec. 140.0045. ITEMIZATION OF CERTAIN EXPENDITURES REQUIRED IN CERTAIN POLITICAL SUBDIVISION BUDGETS.

  6. Tex. Local Government Code Sec. 140.005. ANNUAL FINANCIAL STATEMENT OF SCHOOL, ROAD, OR OTHER DISTRICT. The governing body of a school district, open-enrollment charter school, junior college district, or a district or authority organized under Article III, Section 52, or Article XVI, Section 59, of the Texas Constitution, shall prepare an annual financial statement showing for each fund subject to the authority of the governing body during the fiscal year:

  7. Tex. Local Government Code Sec. 140.006. PUBLICATION OF ANNUAL FINANCIAL STATEMENT BY SCHOOL, ROAD, OR OTHER DISTRICT.

  8. Tex. Local Government Code Sec. 140.007. LEAST COST REVIEW PROGRAM.

  9. Tex. Local Government Code Sec. 140.008. ANNUAL REPORT OF CERTAIN FINANCIAL INFORMATION.

  10. Tex. Local Government Code Sec. 140.009. CONTRACT FOR COLLECTION OF AMOUNTS IN CIVIL CASES.

  11. Tex. Local Government Code Sec. 140.011. LOCAL GOVERNMENTS DISPROPORTIONATELY AFFECTED BY PROPERTY TAX RELIEF FOR DISABLED VETERANS.

  12. Tex. Local Government Code Sec. 140.012. FISCAL YEAR OF CERTAIN POLITICAL SUBDIVISIONS CREATED ON OR AFTER SEPTEMBER 1, 2019.

  13. Tex. Local Government Code Sec. 140.013. BALANCE BILLING FOR COUNTY AND MUNICIPAL AMBULANCE SERVICES.

  14. Tex. Local Government Code Sec. 140.014. RESTRICTION ON USE OF PUBLIC FUNDS BY POLITICAL SUBDIVISIONS TO PAY BAIL BONDS.

Chapter 141

  1. Tex. Local Government Code Sec. 141.001. ELECTED AND APPOINTED OFFICERS IN TYPE A GENERAL-LAW MUNICIPALITIES.

  2. Tex. Local Government Code Sec. 141.002. APPOINTED OFFICERS IN TYPE B GENERAL-LAW MUNICIPALITIES. The governing body of a Type B general-law municipality may set the amount of compensation of officers appointed by the governing body.

  3. Tex. Local Government Code Sec. 141.003. GOVERNING BODY IN TYPE C GENERAL-LAW MUNICIPALITIES.

  4. Tex. Local Government Code Sec. 141.004. OFFICERS IN HOME-RULE MUNICIPALITIES. The governing body of a home-rule municipality may set the amount of compensation for each officer of the municipality.

  5. Tex. Local Government Code Sec. 141.005. ELECTED OFFICERS IN POPULOUS MUNICIPALITIES.

  6. Tex. Local Government Code Sec. 141.006. POLICE OFFICERS IN TYPE A GENERAL-LAW MUNICIPALITY. The governing body of a Type A general-law municipality shall set the compensation, including any fees of office, for the municipal police officers and watchmen.

  7. Tex. Local Government Code Sec. 141.007. POLICE RESERVE FORCE. The governing body of a municipality may provide for the uniform compensation of members of the municipal police reserve force. If a member of the reserve force is compensated, the compensation must be based only on the time served by the member in training for, or in the performance of, official duties. Members of the reserve force may serve without compensation.

  8. Tex. Local Government Code Sec. 141.008. PAYROLL DEDUCTIONS IN CERTAIN MUNICIPALITIES.

  9. Tex. Local Government Code Sec. 141.009. DEFINITIONS.

  10. Tex. Local Government Code Sec. 141.010. MUNICIPAL EMPLOYEES IN TYPE A AND B GENERAL-LAW MUNICIPALITIES. To the extent consistent with Subchapter B of this chapter and Chapters 142 and 143, the governing body of a Type A or B general-law municipality may consider longevity and cost of living in setting the salary of a municipal employee.

  11. Tex. Local Government Code Sec. 141.031. BASE SALARY.

  12. Tex. Local Government Code Sec. 141.032. LONGEVITY PAY. In a municipality with a population of 10,000 or more, each member of the fire or police department is entitled to receive, in addition to all other money paid for services rendered in the department, longevity pay of $4 a month for each year of service in the department, not to exceed 25 years.

  13. Tex. Local Government Code Sec. 141.033. CLASSIFICATION OF POSITIONS; SALARY SCHEDULE.

  14. Tex. Local Government Code Sec. 141.034. PETITION TO INCREASE SALARIES.

  15. Tex. Local Government Code Sec. 141.035. PENALTY.

Chapter 142

  1. Tex. Local Government Code Sec. 142.001. GENERAL PROVISIONS RELATING TO HOURS OF LABOR AND VACATION OF MEMBERS OF FIRE AND POLICE DEPARTMENTS IN MUNICIPALITIES.

  2. Tex. Local Government Code Sec. 142.0013. HOURS OF LABOR AND VACATION OF MEMBERS OF FIRE AND POLICE DEPARTMENTS IN CERTAIN MUNICIPALITIES.

  3. Tex. Local Government Code Sec. 142.0015. HOURS OF LABOR AND VACATION OF MEMBERS OF FIRE AND POLICE DEPARTMENTS IN MUNICIPALITY WITH POPULATION OF MORE THAN 10,000.

  4. Tex. Local Government Code Sec. 142.0016. USE OF COMPENSATORY TIME BY MEMBERS OF FIRE AND POLICE DEPARTMENTS IN MUNICIPALITY WITH POPULATION OF MORE THAN 10,000.

  5. Tex. Local Government Code Sec. 142.0017. HOURS OF LABOR AND VACATION OF MEMBERS OF FIRE AND POLICE DEPARTMENTS IN MUNICIPALITY WITH POPULATION OF MORE THAN 1.5 MILLION.

  6. Tex. Local Government Code Sec. 142.002. TWO PLATOON FIRE SYSTEM AND HOURS OF LABOR IN CERTAIN MUNICIPALITIES.

  7. Tex. Local Government Code Sec. 142.003. HOSPITAL AND MEDICAL ASSISTANCE FOR POLICE RESERVE FORCE.

  8. Tex. Local Government Code Sec. 142.004. PAYMENT OF HOSPITALIZATION COSTS FOR PEACE OFFICERS AND FIRE FIGHTERS.

  9. Tex. Local Government Code Sec. 142.005. LIABILITY INSURANCE FOR FIRE AND POLICE DEPARTMENT OFFICERS AND EMPLOYEES DRIVING EMERGENCY VEHICLES.

  10. Tex. Local Government Code Sec. 142.006. MOTOR VEHICLE LIABILITY INSURANCE FOR PEACE OFFICERS AND FIRE FIGHTERS.

  11. Tex. Local Government Code Sec. 142.007. MOTOR VEHICLE LIABILITY INSURANCE FOR FIRE AND POLICE DEPARTMENT OFFICERS AND EMPLOYEES IN MUNICIPALITY OF 1,550,000 OR MORE.

  12. Tex. Local Government Code Sec. 142.008. SALARY CONTINUATION PAYMENTS; SUBROGATION.

  13. Tex. Local Government Code Sec. 142.009. PAYMENT FOR APPEARANCES OF FIRE FIGHTERS AND POLICE OFFICERS IN COURT OR ADMINISTRATIVE PROCEEDINGS.

  14. Tex. Local Government Code Sec. 142.010. DEFINITIONS.

  15. Tex. Local Government Code Sec. 142.011. EDUCATIONAL LEAVE.

  16. Tex. Local Government Code Sec. 142.012. OVERTIME COMPENSATION FOR CERTAIN POLICE DEPARTMENT OFFICERS AND CIVILIAN EMPLOYEES.

  17. Tex. Local Government Code Sec. 142.013. BUSINESS LEAVE TIME ACCOUNT FOR POLICE OFFICERS IN CERTAIN MUNICIPALITIES.

  18. Tex. Local Government Code Sec. 142.014. BUSINESS LEAVE TIME ACCOUNT FOR FIREFIGHTERS IN CERTAIN MUNICIPALITIES.

  19. Tex. Local Government Code Sec. 142.051. APPLICABILITY.

  20. Tex. Local Government Code Sec. 142.052. DEFINITIONS. In this subchapter:

  21. Tex. Local Government Code Sec. 142.053. PETITION FOR RECOGNITION: ELECTION OR ACTION BY GOVERNING BODY.

  22. Tex. Local Government Code Sec. 142.054. CERTIFICATION ELECTION.

  23. Tex. Local Government Code Sec. 142.055. ELECTION TO AUTHORIZE OPERATING UNDER THIS SUBCHAPTER.

  24. Tex. Local Government Code Sec. 142.056. CHANGE OR MODIFICATION OF RECOGNITION.

  25. Tex. Local Government Code Sec. 142.057. STRIKES PROHIBITED.

  26. Tex. Local Government Code Sec. 142.058. RECOGNITION OF POLICE OFFICERS ASSOCIATION.

  27. Tex. Local Government Code Sec. 142.059. GENERAL PROVISIONS RELATING TO AGREEMENTS.

  28. Tex. Local Government Code Sec. 142.060. SELECTION OF BARGAINING AGENT; BARGAINING UNIT.

  29. Tex. Local Government Code Sec. 142.061. PROTECTED RIGHTS OF POLICE OFFICER.

  30. Tex. Local Government Code Sec. 142.062. OPEN RECORDS.

  31. Tex. Local Government Code Sec. 142.063. OPEN DELIBERATIONS.

  32. Tex. Local Government Code Sec. 142.064. RATIFICATION AND ENFORCEABILITY OF AGREEMENT.

  33. Tex. Local Government Code Sec. 142.065. ACTION OR ELECTION TO REPEAL AUTHORIZATION TO OPERATE UNDER THIS SUBCHAPTER.

  34. Tex. Local Government Code Sec. 142.066. ELECTION TO REPEAL AGREEMENT.

  35. Tex. Local Government Code Sec. 142.067. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. A written meet and confer agreement ratified under this subchapter preempts, during the term of the agreement and to the extent of any conflict, all contrary state statutes, local ordinances, executive orders, civil service provisions, or rules adopted by the head of the law enforcement agency or municipality or by a division or agent of the municipality, such as a personnel board or a civil service commission.

  36. Tex. Local Government Code Sec. 142.068. EFFECT ON EXISTING BENEFITS AND RIGHTS.

  37. Tex. Local Government Code Sec. 142.101. APPLICABILITY.

  38. Tex. Local Government Code Sec. 142.102. DEFINITIONS. In this subchapter:

  39. Tex. Local Government Code Sec. 142.103. PETITION FOR RECOGNITION: ELECTION OR ACTION BY GOVERNING BODY.

  40. Tex. Local Government Code Sec. 142.104. CERTIFICATION ELECTION.

  41. Tex. Local Government Code Sec. 142.105. ELECTION TO AUTHORIZE OPERATING UNDER THIS SUBCHAPTER.

  42. Tex. Local Government Code Sec. 142.106. CHANGE OR MODIFICATION OF RECOGNITION.

  43. Tex. Local Government Code Sec. 142.107. STRIKES PROHIBITED.

  44. Tex. Local Government Code Sec. 142.108. RECOGNITION OF FIREFIGHTERS ASSOCIATION.

  45. Tex. Local Government Code Sec. 142.109. GENERAL PROVISIONS RELATING TO AGREEMENTS.

  46. Tex. Local Government Code Sec. 142.110. SELECTION OF BARGAINING AGENT; BARGAINING UNIT.

  47. Tex. Local Government Code Sec. 142.111. PROTECTED RIGHTS OF FIREFIGHTER.

  48. Tex. Local Government Code Sec. 142.112. OPEN RECORDS.

  49. Tex. Local Government Code Sec. 142.113. OPEN DELIBERATIONS.

  50. Tex. Local Government Code Sec. 142.114. RATIFICATION AND ENFORCEABILITY OF AGREEMENT.

  51. Tex. Local Government Code Sec. 142.115. ACTION OR ELECTION TO REPEAL AUTHORIZATION TO OPERATE UNDER THIS SUBCHAPTER.

  52. Tex. Local Government Code Sec. 142.116. ELECTION TO REPEAL AGREEMENT.

  53. Tex. Local Government Code Sec. 142.117. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. A written meet and confer agreement ratified under this subchapter preempts, during the term of the agreement and to the extent of any conflict, all contrary state statutes, local ordinances, executive orders, civil service provisions, or rules adopted by the head of the fire department or municipality or by a division or agent of the municipality, such as a personnel board or a civil service commission.

  54. Tex. Local Government Code Sec. 142.118. PREEMPTION OF OTHER LAW.

  55. Tex. Local Government Code Sec. 142.119. EFFECT ON EXISTING BENEFITS. This subchapter may not be construed as repealing any existing benefit provided by statute or ordinance concerning firefighters' compensation, pensions, retirement plans, hours of work, conditions of employment, or other emoluments, except as expressly provided in a ratified meet and confer agreement. This subchapter is in addition to the benefits provided by existing statutes and ordinances.

  56. Tex. Local Government Code Sec. 142.151. APPLICABILITY. This subchapter applies only to a municipality:

  57. Tex. Local Government Code Sec. 142.152. DEFINITIONS. In this subchapter:

  58. Tex. Local Government Code Sec. 142.153. GENERAL PROVISIONS RELATING TO AGREEMENTS.

  59. Tex. Local Government Code Sec. 142.154. STRIKES PROHIBITED.

  60. Tex. Local Government Code Sec. 142.155. RECOGNITION OF EMERGENCY MEDICAL SERVICES PERSONNEL ASSOCIATION.

  61. Tex. Local Government Code Sec. 142.156. ELECTION.

  62. Tex. Local Government Code Sec. 142.1565. ELECTION TO AUTHORIZE OPERATING UNDER THIS SUBCHAPTER.

  63. Tex. Local Government Code Sec. 142.157. SELECTION OF BARGAINING AGENTS. The public employer's manager or chief executive, as appropriate, and the head of the emergency medical services department shall designate a group of persons to represent the public employer as its sole and exclusive bargaining agent.

  64. Tex. Local Government Code Sec. 142.158. OPEN RECORDS REQUIRED.

  65. Tex. Local Government Code Sec. 142.159. RATIFICATION AND ENFORCEABILITY OF AGREEMENT.

  66. Tex. Local Government Code Sec. 142.160. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.

  67. Tex. Local Government Code Sec. 142.1605. ACTION OR ELECTION TO REPEAL AUTHORIZATION TO OPERATE UNDER THIS SUBCHAPTER.

  68. Tex. Local Government Code Sec. 142.161. REPEAL OF AGREEMENT BY ELECTORATE.

  69. Tex. Local Government Code Sec. 142.162. PROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES.

  70. Tex. Local Government Code Sec. 142.163. BINDING INTEREST ARBITRATION.

Chapter 143

  1. Tex. Local Government Code Sec. 143.001. PURPOSE.

  2. Tex. Local Government Code Sec. 143.002. MUNICIPALITIES COVERED BY CHAPTER.

  3. Tex. Local Government Code Sec. 143.003. DEFINITIONS. In this chapter:

  4. Tex. Local Government Code Sec. 143.004. ELECTION TO ADOPT OR REPEAL CHAPTER.

  5. Tex. Local Government Code Sec. 143.005. STATUS OF EMPLOYEES IF CHAPTER ADOPTED.

  6. Tex. Local Government Code Sec. 143.0051. STATUS OF EMPLOYEES IN CERTAIN FIRE DEPARTMENTS.

  7. Tex. Local Government Code Sec. 143.0052. FEE FOR EMERGENCY MEDICAL SERVICES.

  8. Tex. Local Government Code Sec. 143.006. IMPLEMENTATION: COMMISSION.

  9. Tex. Local Government Code Sec. 143.007. REMOVAL OF COMMISSION MEMBER.

  10. Tex. Local Government Code Sec. 143.008. ADOPTION AND PUBLICATION OF RULES.

  11. Tex. Local Government Code Sec. 143.009. COMMISSION INVESTIGATIONS AND INSPECTIONS.

  12. Tex. Local Government Code Sec. 143.010. COMMISSION APPEAL PROCEDURE.

  13. Tex. Local Government Code Sec. 143.011. DECISIONS AND RECORDS.

  14. Tex. Local Government Code Sec. 143.012. DIRECTOR.

  15. Tex. Local Government Code Sec. 143.013. APPOINTMENT AND REMOVAL OF DEPARTMENT HEAD.

  16. Tex. Local Government Code Sec. 143.014. APPOINTMENT AND REMOVAL OF PERSON CLASSIFIED IMMEDIATELY BELOW DEPARTMENT HEAD.

  17. Tex. Local Government Code Sec. 143.015. APPEAL OF COMMISSION DECISION TO DISTRICT COURT.

  18. Tex. Local Government Code Sec. 143.016. PENALTY FOR VIOLATION OF CHAPTER.

  19. Tex. Local Government Code Sec. 143.021. CLASSIFICATION; EXAMINATION REQUIREMENT.

  20. Tex. Local Government Code Sec. 143.022. PHYSICAL REQUIREMENTS AND EXAMINATIONS.

  21. Tex. Local Government Code Sec. 143.023. ELIGIBILITY FOR BEGINNING POSITION.

  22. Tex. Local Government Code Sec. 143.024. ENTRANCE EXAMINATION NOTICE.

  23. Tex. Local Government Code Sec. 143.025. ENTRANCE EXAMINATIONS.

  24. Tex. Local Government Code Sec. 143.0251. REAPPOINTMENT AFTER RESIGNATION. The commission may adopt rules to allow a police officer who voluntarily resigns from the department to be reappointed to the department without taking another departmental entrance examination.

  25. Tex. Local Government Code Sec. 143.026. PROCEDURE FOR FILLING BEGINNING POSITIONS.

  26. Tex. Local Government Code Sec. 143.027. PROBATIONARY PERIOD.

  27. Tex. Local Government Code Sec. 143.028. ELIGIBILITY FOR PROMOTION.

  28. Tex. Local Government Code Sec. 143.029. PROMOTIONAL EXAMINATION NOTICE.

  29. Tex. Local Government Code Sec. 143.030. ELIGIBILITY FOR FIRE DEPARTMENT PROMOTIONAL EXAMINATION.

  30. Tex. Local Government Code Sec. 143.031. ELIGIBILITY FOR POLICE DEPARTMENT PROMOTIONAL EXAMINATION.

  31. Tex. Local Government Code Sec. 143.032. PROMOTIONAL EXAMINATION PROCEDURE.

  32. Tex. Local Government Code Sec. 143.033. PROMOTIONAL EXAMINATION GRADES.

  33. Tex. Local Government Code Sec. 143.034. REVIEW AND APPEAL OF PROMOTIONAL EXAMINATION.

  34. Tex. Local Government Code Sec. 143.035. ALTERNATE PROMOTIONAL SYSTEM IN POLICE DEPARTMENT.

  35. Tex. Local Government Code Sec. 143.036. PROCEDURE FOR MAKING PROMOTIONAL APPOINTMENTS.

  36. Tex. Local Government Code Sec. 143.037. RECORD OF CERTIFICATION AND APPOINTMENT.

  37. Tex. Local Government Code Sec. 143.038. TEMPORARY DUTIES IN HIGHER CLASSIFICATION.

  38. Tex. Local Government Code Sec. 143.041. SALARY.

  39. Tex. Local Government Code Sec. 143.042. ASSIGNMENT PAY.

  40. Tex. Local Government Code Sec. 143.043. FIELD TRAINING OFFICER ASSIGNMENT PAY.

  41. Tex. Local Government Code Sec. 143.044. CERTIFICATION, EDUCATIONAL INCENTIVE, AND FITNESS INCENTIVE PAY.

  42. Tex. Local Government Code Sec. 143.045. ACCUMULATION AND PAYMENT OF SICK LEAVE.

  43. Tex. Local Government Code Sec. 143.046. VACATIONS.

  44. Tex. Local Government Code Sec. 143.047. SHIFT DIFFERENTIAL PAY.

  45. Tex. Local Government Code Sec. 143.051. CAUSE FOR REMOVAL OR SUSPENSION. A commission rule prescribing cause for removal or suspension of a fire fighter or police officer is not valid unless it involves one or more of the following grounds:

  46. Tex. Local Government Code Sec. 143.052. DISCIPLINARY SUSPENSIONS.

  47. Tex. Local Government Code Sec. 143.053. APPEAL OF DISCIPLINARY SUSPENSION.

  48. Tex. Local Government Code Sec. 143.054. DEMOTIONS.

  49. Tex. Local Government Code Sec. 143.055. UNCOMPENSATED DUTY OF POLICE OFFICERS.

  50. Tex. Local Government Code Sec. 143.056. PROCEDURES AFTER FELONY INDICTMENT OR MISDEMEANOR COMPLAINT.

  51. Tex. Local Government Code Sec. 143.057. HEARING EXAMINERS.

  52. Tex. Local Government Code Sec. 143.071. LEAVES OF ABSENCE; RESTRICTION PROHIBITED.

  53. Tex. Local Government Code Sec. 143.072. MILITARY LEAVE OF ABSENCE.

  54. Tex. Local Government Code Sec. 143.073. LINE OF DUTY ILLNESS OR INJURY LEAVE OF ABSENCE.

  55. Tex. Local Government Code Sec. 143.074. REAPPOINTMENT AFTER RECOVERY FROM DISABILITY. With the commission's approval and if otherwise qualified, a fire fighter or police officer who has been certified by a physician selected by a pension fund as having recovered from a disability for which the person has been receiving a monthly disability pension is eligible for reappointment to the classified position that the person held on the date the person qualified for the monthly disability pension.

  56. Tex. Local Government Code Sec. 143.075. MILITARY LEAVE TIME ACCOUNTS.

  57. Tex. Local Government Code Sec. 143.081. DETERMINATION OF PHYSICAL AND MENTAL FITNESS.

  58. Tex. Local Government Code Sec. 143.082. EFFICIENCY REPORTS.

  59. Tex. Local Government Code Sec. 143.083. EMERGENCY APPOINTMENT OF TEMPORARY FIRE FIGHTERS.

  60. Tex. Local Government Code Sec. 143.084. CIVIL SERVICE STATUS AND PENSION BENEFITS FOR CERTAIN FIRE FIGHTERS.

  61. Tex. Local Government Code Sec. 143.085. FORCE REDUCTION AND REINSTATEMENT LIST.

  62. Tex. Local Government Code Sec. 143.086. POLITICAL ACTIVITIES.

  63. Tex. Local Government Code Sec. 143.087. STRIKE PROHIBITION.

  64. Tex. Local Government Code Sec. 143.088. UNLAWFUL RESIGNATION OR RETIREMENT.

  65. Tex. Local Government Code Sec. 143.089. PERSONNEL FILE.

  66. Tex. Local Government Code Sec. 143.090. RELEASE OF PHOTOGRAPHS OF POLICE OFFICERS. A department, commission, or municipality may not release a photograph that depicts a police officer unless:

  67. Tex. Local Government Code Sec. 143.091. ELIGIBILITY FOR CIVILIAN OVERSIGHT BOARD. A person is not eligible to serve on a civilian oversight board if the person has been convicted of or placed on deferred adjudication community supervision for a felony offense.

  68. Tex. Local Government Code Sec. 143.101. SUBCHAPTER APPLICABLE PRIMARILY TO MUNICIPALITY WITH POPULATION OF 1.5 MILLION OR MORE; APPLICATION OF OTHER SUBCHAPTERS.

  69. Tex. Local Government Code Sec. 143.1014. NOTICE REQUIREMENT FOR CERTAIN MEETINGS OR HEARINGS.

  70. Tex. Local Government Code Sec. 143.1015. COMMISSION APPEAL PROCEDURE; SUBPOENA REQUEST.

  71. Tex. Local Government Code Sec. 143.1016. HEARING EXAMINERS.

  72. Tex. Local Government Code Sec. 143.1017. PROCEDURES AFTER FELONY INDICTMENT OR OTHER CRIME OF MORAL TURPITUDE.

  73. Tex. Local Government Code Sec. 143.1018. EX PARTE COMMUNICATIONS.

  74. Tex. Local Government Code Sec. 143.102. APPOINTMENT OF ASSISTANT CHIEF.

  75. Tex. Local Government Code Sec. 143.103. SPECIALIZED POLICE DIVISIONS.

  76. Tex. Local Government Code Sec. 143.104. EXAMINATION PROCEDURE. The commission shall adopt rules to standardize the procedures for entrance and promotional examinations. The rules must provide:

  77. Tex. Local Government Code Sec. 143.1041. ENTRANCE EXAMINATION FOR BEGINNING PEACE OFFICER POSITION IN POLICE DEPARTMENT.

  78. Tex. Local Government Code Sec. 143.105. ELIGIBILITY FOR BEGINNING POSITION IN POLICE DEPARTMENT. In addition to meeting the eligibility requirements prescribed by Section 143.023, to be certified as eligible for a beginning position with a police department, a person must be at least 21 years of age at the end of the probationary period and have:

  79. Tex. Local Government Code Sec. 143.1051. ELIGIBILITY FOR BEGINNING POSITION IN FIRE DEPARTMENT. In addition to meeting the eligibility requirements prescribed by Section 143.023, to be certified as eligible for a beginning position with a fire department a person must:

  80. Tex. Local Government Code Sec. 143.1055. APPLICANT FOR BEGINNING POSITION IN POLICE DEPARTMENT WITH PREVIOUS EXPERIENCE. Notwithstanding any other requirement of this chapter, for any applicant for a beginning position in the police department who has previous experience as a police officer with another police department, the police department may:

  81. Tex. Local Government Code Sec. 143.106. ELIGIBILITY FOR FIRE DEPARTMENT PROMOTIONAL EXAMINATION.

  82. Tex. Local Government Code Sec. 143.107. PROMOTIONAL EXAMINATION NOTICE.

  83. Tex. Local Government Code Sec. 143.108. PROMOTIONAL EXAMINATION GRADES; PROMOTIONAL APPOINTMENTS.

  84. Tex. Local Government Code Sec. 143.109. CROSSOVER PROMOTIONS IN POLICE DEPARTMENT.

  85. Tex. Local Government Code Sec. 143.1095. TRANSFERS IN POSITION IN SAME CLASSIFICATION IN FIRE DEPARTMENT.

  86. Tex. Local Government Code Sec. 143.110. SALARY.

  87. Tex. Local Government Code Sec. 143.111. TEMPORARY DUTIES IN HIGHER CLASSIFICATION.

  88. Tex. Local Government Code Sec. 143.1115. DETERMINATION OF PHYSICAL AND MENTAL FITNESS.

  89. Tex. Local Government Code Sec. 143.112. EDUCATIONAL INCENTIVE PAY.

  90. Tex. Local Government Code Sec. 143.113. ASSIGNMENT PAY.

  91. Tex. Local Government Code Sec. 143.114. ASSIGNMENT PAY IN MUNICIPALITY WITH POPULATION OF 1.5 MILLION OR MORE.

  92. Tex. Local Government Code Sec. 143.115. PAYMENT OF ACCUMULATED VACATION LEAVE IN POPULOUS MUNICIPALITY.

  93. Tex. Local Government Code Sec. 143.1155. ACCUMULATED VACATION AND HOLIDAY LEAVE. A fire fighter or police officer who leaves the classified service due to disability or the beneficiary of a fire fighter or police officer who dies is entitled to receive a lump-sum payment of the full amount of the fire fighter's or police officer's accumulated vacation and holiday leave.

  94. Tex. Local Government Code Sec. 143.116. PAYMENT OF SICK LEAVE ON TERMINATION OF SERVICE.

  95. Tex. Local Government Code Sec. 143.117. DISCIPLINARY SUSPENSIONS.

  96. Tex. Local Government Code Sec. 143.118. APPEAL OF DISCIPLINARY SUSPENSION.

  97. Tex. Local Government Code Sec. 143.119. INDEFINITE SUSPENSIONS.

  98. Tex. Local Government Code Sec. 143.120. APPEAL OF INDEFINITE SUSPENSION.

  99. Tex. Local Government Code Sec. 143.121. APPEAL TO DISTRICT COURT. Each appeal of an indefinite suspension to a district court shall be advanced on the district court docket and given a preference setting over all other cases.

  100. Tex. Local Government Code Sec. 143.1214. RECORDS RELATED TO DISCIPLINARY ACTIONS OR CHARGES OF MISCONDUCT.

  101. Tex. Local Government Code Sec. 143.1215. REINSTATEMENT.

  102. Tex. Local Government Code Sec. 143.1216. CERTAIN NONDISCIPLINARY ACTIONS.

  103. Tex. Local Government Code Sec. 143.122. UNCOMPENSATED DUTY.

  104. Tex. Local Government Code Sec. 143.123. INVESTIGATION OF FIRE FIGHTERS AND POLICE OFFICERS.

  105. Tex. Local Government Code Sec. 143.124. POLYGRAPH EXAMINATIONS.

  106. Tex. Local Government Code Sec. 143.125. POLICE DEPARTMENT PROBATIONARY PERIOD AFTER REAPPOINTMENT IN POPULOUS MUNICIPALITY.

  107. Tex. Local Government Code Sec. 143.1251. REAPPOINTMENT AFTER RESIGNATION. The commission may adopt rules to allow a police officer who voluntarily resigns from the department to be reappointed to the department without taking another departmental entrance examination.

  108. Tex. Local Government Code Sec. 143.126. LEGISLATIVE LEAVE.

  109. Tex. Local Government Code Sec. 143.1261. LEGISLATIVE LEAVE ACCOUNT.

  110. Tex. Local Government Code Sec. 143.127. GRIEVANCE PROCEDURE.

  111. Tex. Local Government Code Sec. 143.128. STEP I GRIEVANCE PROCEDURE.

  112. Tex. Local Government Code Sec. 143.129. STEP II GRIEVANCE PROCEDURE.

  113. Tex. Local Government Code Sec. 143.130. STEP III GRIEVANCE PROCEDURE.

  114. Tex. Local Government Code Sec. 143.131. STEP IV GRIEVANCE PROCEDURE.

  115. Tex. Local Government Code Sec. 143.132. GRIEVANCE EXAMINER.

  116. Tex. Local Government Code Sec. 143.133. SPECIAL PROVISIONS FOR STEPS I AND II.

  117. Tex. Local Government Code Sec. 143.134. MISCELLANEOUS GRIEVANCE PROVISIONS.

  118. Tex. Local Government Code Sec. 143.135. MEDIATION.

  119. Tex. Local Government Code Sec. 143.201. POPULATION. This subchapter applies only to a municipality with a population of 1.5 million or more, but does not apply to a municipality that has adopted The Fire and Police Employee Relations Act (Article 5154c-1, Vernon's Texas Civil Statutes).

  120. Tex. Local Government Code Sec. 143.202. DEFINITIONS. In this subchapter:

  121. Tex. Local Government Code Sec. 143.203. GENERAL PROVISIONS RELATING TO AGREEMENTS, RECOGNITION, AND STRIKES.

  122. Tex. Local Government Code Sec. 143.204. RECOGNITION OF FIRE FIGHTER ASSOCIATION.

  123. Tex. Local Government Code Sec. 143.205. OPEN RECORDS REQUIRED. All documents relating to an agreement between a fire fighters association and a public employer shall be available to the public pursuant to state statutes.

  124. Tex. Local Government Code Sec. 143.206. ENFORCEABILITY OF AGREEMENT.

  125. Tex. Local Government Code Sec. 143.207. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.

  126. Tex. Local Government Code Sec. 143.208. REPEAL OF AGREEMENT BY ELECTORATE. Within 45 days after an agreement is ratified and signed by both the municipality and the fire fighters association recognized as the sole and exclusive bargaining agent, a petition signed by a number of registered voters equal to 10 percent of the votes cast at the most recent mayoral general election may be presented to the municipal secretary calling an election for the repeal of the agreement. Thereupon, the governing body shall reconsider the agreement and, if it does not repeal the agreement, shall call an election of the qualified voters to determine if they desire to repeal the agreement. The election shall be called for the next municipal election or a special election called by the governing body for that purpose. If at the election a majority of the votes are cast in favor of the repeal of the adoption of the agreement, then the agreement shall become null and void. The ballot shall be printed to provide for voting FOR or AGAINST the proposition:

  127. Tex. Local Government Code Sec. 143.209. PROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES.

  128. Tex. Local Government Code Sec. 143.301. MUNICIPALITIES COVERED BY SUBCHAPTER. This subchapter applies only to a municipality with a population of 460,000 or more that operates under a city manager form of government. This subchapter does not apply to a municipality:

  129. Tex. Local Government Code Sec. 143.3015. LIMITATION ON MUNICIPALITIES COVERED BY SUBCHAPTER: VOTER APPROVAL.

  130. Tex. Local Government Code Sec. 143.302. DEFINITIONS. In this subchapter:

  131. Tex. Local Government Code Sec. 143.303. GENERAL PROVISIONS RELATING TO AGREEMENTS, RECOGNITION, AND STRIKES.

  132. Tex. Local Government Code Sec. 143.304. RECOGNITION OF FIRE FIGHTERS OR POLICE OFFICERS ASSOCIATION.

  133. Tex. Local Government Code Sec. 143.305. OPEN RECORDS REQUIRED. An agreement made under this subchapter is a public record for purposes of Chapter 552, Government Code. The agreement and any document prepared and used by the municipality in connection with the agreement are available to the public under the open records law, Chapter 552, Government Code, only after the agreement is ratified by the municipality's governing body. This section does not affect the application of Subchapter C, Chapter 552, Government Code, to a document prepared and used by the municipality in connection with the agreement.

  134. Tex. Local Government Code Sec. 143.306. ENFORCEABILITY OF AGREEMENT.

  135. Tex. Local Government Code Sec. 143.307. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.

  136. Tex. Local Government Code Sec. 143.308. REPEAL OF AGREEMENT BY ELECTORATE. Not later than the 45th day after the date an agreement is ratified by both the municipality and the association, a petition signed by at least 10 percent of the qualified voters of the municipality may be presented to the municipal secretary calling an election for the repeal of the agreement. On receipt of the petition by the municipal secretary, the governing body shall reconsider the agreement and either repeal the agreement or call an election of the qualified voters to determine if they desire to repeal the agreement. The election shall be called for the next municipal election or a special election called by the governing body for that purpose. If at the election a majority of the votes are cast in favor of the repeal of the adoption of the agreement, the agreement is void. The ballot shall be printed to permit voting for or against the proposition: "Repeal of the adoption of the agreement ratified by the municipality and the __________ (fire fighters or police officers, as appropriate) association concerning wages, salaries, rates of pay, hours of work, and other terms and conditions of employment."

  137. Tex. Local Government Code Sec. 143.309. PROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES.

  138. Tex. Local Government Code Sec. 143.310. BINDING INTEREST ARBITRATION. A municipality may be required to submit to binding interest arbitration only if approved by a majority of those voting in a public referendum conducted in accordance with the municipality's charter. This subsection does not affect any disciplinary arbitration or arbitration provision in a ratified agreement.

  139. Tex. Local Government Code Sec. 143.311. APPOINTMENTS TO CLASSIFICATION IMMEDIATELY BELOW DEPARTMENT HEAD. Section 143.014(c) does not apply to a municipality to which this subchapter applies.

  140. Tex. Local Government Code Sec. 143.312. INVESTIGATION OF FIRE FIGHTERS AND POLICE OFFICERS.

  141. Tex. Local Government Code Sec. 143.313. POLYGRAPH EXAMINATIONS.

  142. Tex. Local Government Code Sec. 143.351. APPLICABILITY. This subchapter applies only to a municipality with a population of 1.5 million or more but does not apply to a municipality that has adopted Chapter 174.

  143. Tex. Local Government Code Sec. 143.352. DEFINITIONS. In this subchapter:

  144. Tex. Local Government Code Sec. 143.353. GENERAL PROVISIONS RELATING TO AGREEMENTS, RECOGNITION, AND STRIKES.

  145. Tex. Local Government Code Sec. 143.354. RECOGNITION OF POLICE EMPLOYEE GROUP.

  146. Tex. Local Government Code Sec. 143.358. OPEN RECORDS REQUIRED. All documents relating to an agreement between a bargaining agent and a public employer shall be available to the public in accordance with state statutes.

  147. Tex. Local Government Code Sec. 143.359. ENFORCEABILITY OF AGREEMENT.

  148. Tex. Local Government Code Sec. 143.360. ELECTION TO RATIFY AGREEMENT.

  149. Tex. Local Government Code Sec. 143.361. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.

  150. Tex. Local Government Code Sec. 143.362. REPEAL OF AGREEMENT BY ELECTORATE. Within 45 days after the date an agreement is ratified and signed by the municipality and the bargaining agent, a petition signed by a number of registered voters equal to 10 percent of the votes cast at the most recent mayoral general election in the municipality may be presented to the municipal secretary calling an election for the repeal of the agreement, in which event the governing body shall reconsider the agreement, and, if it does not repeal the agreement, it shall call an election of the qualified voters to determine if they desire to repeal the agreement. The election shall be held as part of the next regularly scheduled municipal election or at a special election called by the governing body for that purpose. If at the election a majority of the votes are cast in favor of the repeal of the adoption of the agreement, the agreement becomes void. The ballot shall be printed to provide for voting for or against the proposition:

  151. Tex. Local Government Code Sec. 143.363. PROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES.

  152. Tex. Local Government Code Sec. 143.401. APPLICABILITY.

  153. Tex. Local Government Code Sec. 143.402. ELECTION TO ADOPT OR REPEAL SUBCHAPTER.

  154. Tex. Local Government Code Sec. 143.403. STATUS OF EMPLOYEES IF SUBCHAPTER ADOPTED.

Chapter 144

  1. Tex. Local Government Code Sec. 144.001. TRANSFER SYSTEM AUTHORIZED.

  2. Tex. Local Government Code Sec. 144.002. PAYEE REQUEST. An authorized payee must request in writing to participate in any electronic funds transfer system established and operated by the municipality.

  3. Tex. Local Government Code Sec. 144.003. ADMINISTRATION OF SYSTEM. The municipal treasurer, with the approval of the governing body of the municipality, shall establish the procedures for administering the system and may use the services of financial institutions, automated clearinghouses, and the federal government.

  4. Tex. Local Government Code Sec. 144.004. TRANSFER TO MULTIPLE PAYEES. A single transfer may contain payments to multiple payees without the necessity of issuing individual warrants for each payee.

  5. Tex. Local Government Code Sec. 144.005. NO ADDITIONAL RIGHTS CREATED. The use of an electronic funds transfer means of payment does not create any rights that would not have been created if an individual warrant had been used as a means of payment.

Chapter 145

  1. Tex. Local Government Code Sec. 145.001. APPLICABILITY OF CHAPTER. This chapter applies only to a municipality with a population of 100,000 or more.

  2. Tex. Local Government Code Sec. 145.002. DEFINITIONS. In this chapter:

  3. Tex. Local Government Code Sec. 145.003. FINANCIAL STATEMENT REQUIRED.

  4. Tex. Local Government Code Sec. 145.004. FILING DATES; TIMELINESS OF FILING.

  5. Tex. Local Government Code Sec. 145.005. FORM OF STATEMENT.

  6. Tex. Local Government Code Sec. 145.006. DUPLICATE OR SUPPLEMENTAL STATEMENTS. If a person has filed a financial statement under one provision of this chapter covering the preceding calendar year, the person is not required to file a financial statement required under another provision of this chapter covering that same year if, before the deadline for filing the statement under the other provision, the person notifies the clerk or secretary of the municipality in writing that the person has already filed a financial statement under this chapter covering that year.

  7. Tex. Local Government Code Sec. 145.007. PUBLIC ACCESS TO STATEMENTS.

  8. Tex. Local Government Code Sec. 145.008. NOTIFICATION TO PROSECUTING ATTORNEY. The clerk or secretary of each municipality shall maintain a list of the municipal officers and candidates for municipal office required to file a financial statement under this chapter. Not later than the 10th day after each applicable filing deadline, the municipal clerk shall provide to the municipal attorney a copy of the list showing for each municipal officer and candidate for municipal office:

  9. Tex. Local Government Code Sec. 145.009. CRIMINAL PENALTY.

  10. Tex. Local Government Code Sec. 145.010. CIVIL PENALTY.

Chapter 146

  1. Tex. Local Government Code Sec. 146.001. APPLICABILITY.

  2. Tex. Local Government Code Sec. 146.002. DEFINITIONS. In this chapter:

  3. Tex. Local Government Code Sec. 146.003. GENERAL PROVISIONS RELATING TO AGREEMENTS AND RECOGNITION.

  4. Tex. Local Government Code Sec. 146.004. PETITION FOR RECOGNITION: ELECTION OR ACTION BY GOVERNING BODY.

  5. Tex. Local Government Code Sec. 146.005. CERTIFICATION ELECTION.

  6. Tex. Local Government Code Sec. 146.006. ELECTION TO AUTHORIZE OPERATING UNDER THIS CHAPTER.

  7. Tex. Local Government Code Sec. 146.007. CHANGE OR MODIFICATION OF RECOGNITION.

  8. Tex. Local Government Code Sec. 146.008. STRIKES PROHIBITED.

  9. Tex. Local Government Code Sec. 146.009. RECOGNITION OF EMPLOYEE ASSOCIATION.

  10. Tex. Local Government Code Sec. 146.010. SELECTION OF BARGAINING AGENT; BARGAINING UNIT.

  11. Tex. Local Government Code Sec. 146.011. PROTECTED RIGHTS OF EMPLOYEES. A meet and confer agreement ratified under this chapter may not interfere with the right of a member of a bargaining unit to pursue allegations of discrimination based on race, creed, color, national origin, religion, age, sex, or disability with the Texas Workforce Commission civil rights division or the federal Equal Employment Opportunity Commission or to pursue affirmative action litigation.

  12. Tex. Local Government Code Sec. 146.012. OPEN RECORDS.

  13. Tex. Local Government Code Sec. 146.013. OPEN DELIBERATIONS.

  14. Tex. Local Government Code Sec. 146.014. RATIFICATION AND ENFORCEABILITY OF AGREEMENT.

  15. Tex. Local Government Code Sec. 146.015. ACTION OR ELECTION TO REPEAL AUTHORIZATION TO OPERATE UNDER THIS CHAPTER.

  16. Tex. Local Government Code Sec. 146.016. ELECTION TO REPEAL AGREEMENT.

  17. Tex. Local Government Code Sec. 146.017. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. A written meet and confer agreement ratified under this chapter preempts, during the term of the agreement and to the extent of any conflict, all contrary state statutes, local ordinances, executive orders, civil service provisions, or rules adopted by this state or a political subdivision or agent of this state, including a personnel board, civil service commission, or home-rule municipality, other than a statute, ordinance, executive order, civil service provision, or rule regarding pensions or pension-related matters.

Chapter 147

  1. Tex. Local Government Code Sec. 147.001. APPLICABILITY. This chapter applies only to a municipality with a population of one million or more, but does not apply to a municipality that has adopted Chapter 143 or 174.

  2. Tex. Local Government Code Sec. 147.002. DEFINITIONS. In this chapter:

  3. Tex. Local Government Code Sec. 147.003. MEET AND CONFER TEAM; NEGOTIATIONS.

  4. Tex. Local Government Code Sec. 147.0031. PETITION FOR RECOGNITION: ELECTION OR ACTION BY GOVERNING BODY.

  5. Tex. Local Government Code Sec. 147.0032. CERTIFICATION ELECTION.

  6. Tex. Local Government Code Sec. 147.0033. ELECTION TO AUTHORIZE OPERATING UNDER THIS CHAPTER.

  7. Tex. Local Government Code Sec. 147.0034. WITHDRAWAL OF RECOGNITION.

  8. Tex. Local Government Code Sec. 147.0035. RECOGNITION OF MEET AND CONFER TEAM.

  9. Tex. Local Government Code Sec. 147.004. GENERAL PROVISIONS RELATING TO AGREEMENTS, RECOGNITION, AND STRIKES.

  10. Tex. Local Government Code Sec. 147.005. PAYROLL DUES DEDUCTIONS. The municipality may not prevent automatic payroll deductions for dues paid to a firefighter employee group or police officer employee group.

  11. Tex. Local Government Code Sec. 147.006. RECORDS AND MEETINGS.

  12. Tex. Local Government Code Sec. 147.007. ENFORCEABILITY OF AGREEMENT.

  13. Tex. Local Government Code Sec. 147.008. ELECTION TO RATIFY AGREEMENT.

  14. Tex. Local Government Code Sec. 147.009. ACTION OR ELECTION TO REPEAL AUTHORIZATION TO OPERATE UNDER THIS CHAPTER.

  15. Tex. Local Government Code Sec. 147.010. ELECTION TO REPEAL AGREEMENT.

  16. Tex. Local Government Code Sec. 147.011. EFFECT ON EXISTING BENEFITS AND RIGHTS.

Chapter 150

  1. Tex. Local Government Code Sec. 150.001. APPLICATION OF SUBCHAPTER TO CERTAIN MUNICIPALITIES WITH POPULATION OF 10,000 OR MORE. This subchapter applies only to a municipality with a population of 10,000 or more, but does not apply to a municipality in which Chapter 143 applies.

  2. Tex. Local Government Code Sec. 150.002. POLITICAL ACTIVITIES.

  3. Tex. Local Government Code Sec. 150.003. RESTRICTION PROHIBITED. The municipality may not restrict the right of an employee of the fire or police department to engage in a political activity permitted by this subchapter.

  4. Tex. Local Government Code Sec. 150.021. RESIDENCY REQUIREMENTS FOR MUNICIPAL EMPLOYEES.

  5. Tex. Local Government Code Sec. 150.041. PROHIBITED MUNICIPAL ACTIONS.

Chapter 151

  1. Tex. Local Government Code Sec. 151.001. OFFICER APPLIES TO COMMISSIONERS COURT FOR AUTHORITY TO APPOINT EMPLOYEES.

  2. Tex. Local Government Code Sec. 151.002. COMMISSIONERS COURT ADOPTS ORDER AUTHORIZING APPOINTMENT OF EMPLOYEES. After the receipt of an application under this subchapter, the commissioners court by order shall determine the number of employees that may be appointed and shall authorize their appointment.

  3. Tex. Local Government Code Sec. 151.003. OFFICERS MAKE APPOINTMENTS. After the entry of the commissioners court's order, the officer applying for the employees may appoint them.

  4. Tex. Local Government Code Sec. 151.004. COMMISSIONERS COURT MAY NOT INFLUENCE APPOINTMENT. The commissioners court or a member of the court may not attempt to influence the appointment of any person to an employee position authorized by the court under this subchapter.

  5. Tex. Local Government Code Sec. 151.901. EMPLOYMENT OF SECRETARIAL PERSONNEL. The commissioners court of a county may enter an order to employ and provide compensation for secretarial personnel for a district, county, or precinct officer if the court determines that the financial condition of the county and the staff needs of the officer justify doing so.

  6. Tex. Local Government Code Sec. 151.903. PERSONNEL AND PAYROLL RECORDS IN COUNTY WITH POPULATION OF 500,000 OR MORE.

Chapter 152

  1. Tex. Local Government Code Sec. 152.001. FUNDS FROM WHICH AMOUNTS ARE PAID. Unless otherwise provided by law, the compensation, expenses, and allowances set under this code for a district, county, or precinct officer or employee may be paid from the general fund of the county in which the officer or employee serves or from any other funds that are available for that purpose.

  2. Tex. Local Government Code Sec. 152.002. SALARY DONATION TO COUNTY. The county may accept from an elected county or precinct officer a gift or donation of all or part of the salary paid by the county to the officer. The county treasurer shall deposit a gift or donation accepted under this section in the general fund of the county.

  3. Tex. Local Government Code Sec. 152.011. AMOUNT SET BY COMMISSIONERS COURT. The commissioners court of a county shall set the amount of the compensation, office and travel expenses, and all other allowances for county and precinct officers and employees who are paid wholly from county funds.

  4. Tex. Local Government Code Sec. 152.012. MINIMUM AMOUNT OF SALARY. The commissioners court may not set the salary of an officer or employee at an amount less than the amount of the salary in effect on January 1, 1972. The court may not set the salary of a justice of the peace at an amount less than the amount of the salary in effect on May 25, 1973.

  5. Tex. Local Government Code Sec. 152.013. PROCEDURE FOR SETTING AMOUNTS FOR ELECTED OFFICERS.

  6. Tex. Local Government Code Sec. 152.014. SALARY GRIEVANCE COMMITTEE.

  7. Tex. Local Government Code Sec. 152.015. SELECTION AND TERM OF PUBLIC MEMBERS ON GRIEVANCE COMMITTEE.

  8. Tex. Local Government Code Sec. 152.016. FUNCTIONS OF GRIEVANCE COMMITTEE IN RELATION TO ELECTED OFFICERS.

  9. Tex. Local Government Code Sec. 152.0165. EXHAUSTION OF REMEDIES BEFORE FILING SUIT REGARDING GRIEVANCE.

  10. Tex. Local Government Code Sec. 152.017. EXCEPTIONS. This subchapter does not apply to:

  11. Tex. Local Government Code Sec. 152.018. FORMER PROCEDURES NOT AFFECTED. This subchapter does not affect a lawful procedure or delegation of authority established before January 1, 1972, for setting the salary of a county or precinct employee.

  12. Tex. Local Government Code Sec. 152.031. COUNTY AUDITOR'S SALARY.

  13. Tex. Local Government Code Sec. 152.032. LIMITATIONS ON COUNTY AUDITOR'S COMPENSATION AND ALLOWANCES.

  14. Tex. Local Government Code Sec. 152.034. SALARIES OF ASSISTANTS TO COUNTY AUDITOR. The salaries of assistants to the county auditor are set in the manner prescribed by Section 84.021.

  15. Tex. Local Government Code Sec. 152.035. REIMBURSEMENT FOR MILEAGE EXPENSES.

  16. Tex. Local Government Code Sec. 152.051. DEFINITION. In this subchapter, "county payroll officer" means the county auditor or other appropriate county officer who issues paychecks to county or precinct personnel.

  17. Tex. Local Government Code Sec. 152.052. DECISION TO REDUCE COMPENSATION OR NOT TO BE PAID.

  18. Tex. Local Government Code Sec. 152.053. RECORD OF NONPAYMENT. The county payroll officer shall make an entry in the payroll records of the county to show each pay period for which the officer is not paid.

  19. Tex. Local Government Code Sec. 152.054. RECOVERY OF PAYROLL TAXES. The county payroll officer shall seek to recover for the county any payroll taxes paid on the officer's compensation that is not paid.

  20. Tex. Local Government Code Sec. 152.071. CLASSIFICATION OF POSITIONS; SALARY SCHEDULE.

  21. Tex. Local Government Code Sec. 152.072. PETITION TO INCREASE SALARIES.

  22. Tex. Local Government Code Sec. 152.073. PENALTY.

  23. Tex. Local Government Code Sec. 152.074. LONGEVITY PAY FOR COMMISSIONED DEPUTIES AND COUNTY JAILERS.

  24. Tex. Local Government Code Sec. 152.075. COMPENSATION FOR RESERVE DEPUTY SHERIFFS.

  25. Tex. Local Government Code Sec. 152.901. TRAVEL EXPENSES FOR CERTAIN COUNTY AGENTS AND BOARD MEMBERS.

  26. Tex. Local Government Code Sec. 152.902. COMPENSATION FOR RESERVE DEPUTY CONSTABLES.

  27. Tex. Local Government Code Sec. 152.903. COMPENSATION FOR INTERPRETERS EMPLOYED BY DISTRICT COURTS.

  28. Tex. Local Government Code Sec. 152.904. COMPENSATION OF COUNTY JUDGE IN CERTAIN COUNTIES.

  29. Tex. Local Government Code Sec. 152.905. PROCEDURES FOR SETTING COMPENSATION BY DISTRICT JUDGES.

  30. Tex. Local Government Code Sec. 152.906. LONGEVITY PAY FOR DEPUTY CONSTABLES. In a county with a population of 190,000 or more, the commissioners court may provide for each county employee or classification of county employee, including, but not limited to, deputy constables, longevity pay, in addition to regular compensation, of $5 a month, or any other amount determined by the commissioners court, for each year of service in the county, up to and including 30 years.

  31. Tex. Local Government Code Sec. 152.907. CONTINUING EDUCATION EXPENSES FOR COUNTY AND PRECINCT OFFICERS. The commissioners court of a county may authorize payment of reasonable continuing education expenses incurred by a county or precinct officer if the expenses are related to the officer's official duties, including expenses incurred by the officer between the general election at which the officer is elected and the beginning of the officer's term of office.

  32. Tex. Local Government Code Sec. 152.908. COMPENSATION PARITY FOR POLICE OFFICERS IN CERTAIN COUNTIES.

Chapter 153

  1. Tex. Local Government Code Sec. 153.001. COUNTY TREASURER'S COMMISSION FOR RECEIVING OR PAYING OUT MONEY.

  2. Tex. Local Government Code Sec. 153.002. FEE FOR KEEPING LEDGER AND MAKING STATEMENTS. In a county that does not have the office of county auditor and in which the county treasurer is compensated on a fee basis, the treasurer is entitled to annual compensation for keeping the county finance ledger and for making the statements required by Section 114.021. The compensation is in an amount that equals $5 for each $1,000 tax assessed and due to the county, but the amount may not be less than $100 or more than $250. Compensation under this section is paid on the order of the commissioners court.

  3. Tex. Local Government Code Sec. 153.003. MONTHLY STATEMENT OF EXPENSES OF OFFICERS.

Chapter 154

  1. Tex. Local Government Code Sec. 154.001. DEFINITION. In this chapter, "precinct officer" means a justice of the peace or a constable.

  2. Tex. Local Government Code Sec. 154.002. SALARY PAID IN LIEU OF FEES AND COMMISSIONS. A district, county, or precinct officer who is paid on a salary basis receives the salary instead of all fees, commissions, and other compensation the officer would otherwise be authorized to keep, except as otherwise provided by this subchapter.

  3. Tex. Local Government Code Sec. 154.003. COLLECTION AND DISPOSITION OF FEES AND COMMISSIONS OF SALARIED OFFICER. A district, county, or precinct officer who is paid an annual salary shall charge and collect in the manner authorized by law all fees, commissions, and other compensation permitted for official services performed by the officer. The officer shall dispose of the collected money as provided by Subchapter B, Chapter 113.

  4. Tex. Local Government Code Sec. 154.004. STATE AND COUNTY PROHIBITED FROM PAYING FEES OR COMMISSIONS TO SALARIED OFFICER.

  5. Tex. Local Government Code Sec. 154.005. FEES AND COMMISSIONS CERTAIN SALARIED OFFICERS MAY RECEIVE IN ADDITION TO SALARY.

  6. Tex. Local Government Code Sec. 154.006. INSUFFICIENT SALARY FUND SUPPLEMENTED BY TRANSFER FROM GENERAL FUND. If a salary fund created under this chapter does not contain enough money to pay the claims against it, the commissioners court shall transfer to the salary fund from the general fund of the county an amount of money necessary to pay those claims.

  7. Tex. Local Government Code Sec. 154.007. USE OF GENERAL FUND INSTEAD OF SALARY FUND.

  8. Tex. Local Government Code Sec. 154.008. LEGISLATIVE APPROPRIATION FOR OFFICERS COMPENSATED ON SALARY BASIS.

  9. Tex. Local Government Code Sec. 154.009. EFFECT OF FAILURE TO COLLECT FEE OR COMMISSION.

  10. Tex. Local Government Code Sec. 154.010. AUTHORITY TO PURCHASE LIABILITY INSURANCE FOR COUNTY OFFICERS AND EMPLOYEES.

  11. Tex. Local Government Code Sec. 154.011. COLLECTIONS BY COUNTY TREASURER OR COUNTY AUDITOR.

  12. Tex. Local Government Code Sec. 154.021. COUNTIES COVERED BY SUBCHAPTER. This subchapter applies to a county with a population of 190,000 or less, except as otherwise provided by this subchapter.

  13. Tex. Local Government Code Sec. 154.022. OPTION TO PAY COMPENSATION ON FEE BASIS OR SALARY BASIS IN COUNTY WITH POPULATION OF LESS THAN 20,000.

  14. Tex. Local Government Code Sec. 154.023. SALARY FUND.

  15. Tex. Local Government Code Sec. 154.0235. PROCEDURES REGARDING PAYMENT OF OFFICE EXPENSES AND EMPLOYEE SALARIES.

  16. Tex. Local Government Code Sec. 154.024. MONTHLY REPORT OF EXPENSES OF OFFICERS. At the end of each month, an officer who is compensated on a salary basis shall prepare a report of the officer's expenses. The report must:

  17. Tex. Local Government Code Sec. 154.025. DISBURSEMENTS TO PERSONS WITH OUTSTANDING DEBT PROHIBITED.

  18. Tex. Local Government Code Sec. 154.026. TRANSFER OF SALARY FUND SURPLUS TO GENERAL FUND. After the end of a fiscal year, the commissioners court by order may transfer to the general fund of the county any money remaining in a salary fund if all claims against the salary fund incurred for the fiscal year have been paid.

  19. Tex. Local Government Code Sec. 154.041. COUNTIES COVERED BY SUBCHAPTER. This subchapter applies to a county with a population of more than 190,000.

  20. Tex. Local Government Code Sec. 154.042. SALARY FUND.

  21. Tex. Local Government Code Sec. 154.043. PROCEDURES REGARDING PAYMENT OF EMPLOYEE SALARIES.

  22. Tex. Local Government Code Sec. 154.044. MONTHLY REPORT OF FEES, COMMISSIONS, AND EXPENSES OF OFFICERS.

  23. Tex. Local Government Code Sec. 154.045. DISBURSEMENTS TO PERSON WITH OUTSTANDING DEBT PROHIBITED.

  24. Tex. Local Government Code Sec. 154.046. TRANSFER OF SALARY FUND SURPLUS TO GENERAL FUND. After the end of a fiscal year, the commissioners court by order shall transfer to the general fund of the county, by warrant issued by the county clerk, any money remaining in a salary fund when all claims against the fund incurred for the fiscal year have been paid and the officer's accounts have been audited and approved by the county auditor.

Chapter 155

  1. Tex. Local Government Code Sec. 155.001. DEDUCTIONS AUTHORIZED IN COUNTIES; PURPOSES.

  2. Tex. Local Government Code Sec. 155.002. EMPLOYEE'S REQUEST.

  3. Tex. Local Government Code Sec. 155.003. PAYMENT OF ADMINISTRATIVE COSTS.

  4. Tex. Local Government Code Sec. 155.004. OTHER STATUTE NOT AFFECTED. This chapter does not affect Chapter 617, Government Code.

  5. Tex. Local Government Code Sec. 155.021. DEDUCTIONS ENUMERATED. The county treasurer or, if another officer is specified by law, that other officer shall make the deductions from, or take other similar actions with regard to, the compensation of county employees as required:

  6. Tex. Local Government Code Sec. 155.041. DEFINITION. In this subchapter, "county employee" means a person who receives compensation for service performed, other than as an independent contractor, for a county, for a precinct or other unit of a county, or for a county officer acting in an official capacity.

  7. Tex. Local Government Code Sec. 155.042. BENEFIT PROGRAM. The commissioners court of a county by order or resolution may establish a program to provide benefits that qualify for a cafeteria plan or a bona fide compensation reduction arrangement under the federal Internal Revenue Code of 1986 and regulations adopted under that code.

  8. Tex. Local Government Code Sec. 155.043. SALARY REDUCTION AGREEMENTS.

  9. Tex. Local Government Code Sec. 155.044. RULES. The commissioners court may adopt rules, consistent with this subchapter and federal requirements, for participation in and administration of the program authorized by this subchapter.

  10. Tex. Local Government Code Sec. 155.061. DEDUCTIONS AUTHORIZED.

  11. Tex. Local Government Code Sec. 155.062. REQUEST FOR DEDUCTION.

  12. Tex. Local Government Code Sec. 155.063. ADMINISTRATION OF DEDUCTIONS.

Chapter 156

  1. Tex. Local Government Code Sec. 156.001. TRANSFER SYSTEM AUTHORIZED. The county treasurer may establish and operate an electronic funds transfer system to make any authorized transfer from the county treasury.

  2. Tex. Local Government Code Sec. 156.003. ADMINISTRATION OF SYSTEM. The county auditor or, if the county does not have a county auditor, the chief financial officer of the county, with the approval of the commissioners court, shall establish the procedures for administering the system and may use the services of financial institutions, automated clearinghouses, and the federal government.

  3. Tex. Local Government Code Sec. 156.004. TRANSFER TO MULTIPLE PAYEES. A single transfer may contain payments to multiple payees without the necessity of issuing individual warrants for each payee.

  4. Tex. Local Government Code Sec. 156.005. NO ADDITIONAL RIGHTS CREATED. The use of an electronic funds transfer means of payment does not create any rights that would not have been created if an individual warrant had been used as a means of payment.

Chapter 157

  1. Tex. Local Government Code Sec. 157.001. HOSPITALIZATION INSURANCE. The commissioners court of a county may provide hospitalization insurance to a county official, deputy, assistant, or other county employee.

  2. Tex. Local Government Code Sec. 157.002. MEDICAL CARE, HOSPITALIZATION, AND INSURANCE IN COUNTIES.

  3. Tex. Local Government Code Sec. 157.003. HOSPITAL AND INSURANCE FUND.

  4. Tex. Local Government Code Sec. 157.004. DISABILITY COMPENSATION IN COUNTIES OF 290,000 TO 500,000.

  5. Tex. Local Government Code Sec. 157.005. SUBROGATION.

  6. Tex. Local Government Code Sec. 157.006. PAYMENTS FOR CERTAIN HEALTH INSURANCE COVERAGE.

  7. Tex. Local Government Code Sec. 157.007. APPLICABILITY OF SUBCHAPTER.

  8. Tex. Local Government Code Sec. 157.008. INSURANCE POOL OR INSURANCE COMPANY NOT CREATED. If a county provides for medical care and hospitalization or provides for compensation, accident, hospital, and disability insurance to persons listed under Section 157.002(a)(1), the county:

  9. Tex. Local Government Code Sec. 157.021. HOURS OF WORK OF COUNTY EMPLOYEES.

  10. Tex. Local Government Code Sec. 157.022. HOURS OF WORK OF PEACE OFFICERS IN COUNTIES OF MORE THAN ONE MILLION.

  11. Tex. Local Government Code Sec. 157.041. GENERAL LIABILITY INSURANCE.

  12. Tex. Local Government Code Sec. 157.042. MOTOR VEHICLE LIABILITY INSURANCE FOR PEACE OFFICERS IN CERTAIN COUNTIES.

  13. Tex. Local Government Code Sec. 157.043. GENERAL LIABILITY INSURANCE FOR COUNTY OFFICIALS.

  14. Tex. Local Government Code Sec. 157.061. DEFINITIONS. In this subchapter:

  15. Tex. Local Government Code Sec. 157.062. AUTHORITY TO ESTABLISH PROGRAM. The commissioners court of a county with a population of 500,000 or more may establish a program by which the county provides child care services to benefit county employees, county jurors, and their children.

  16. Tex. Local Government Code Sec. 157.063. ELIGIBLE CHILDREN. Any child of a county employee or county juror, including a stepchild, foster child, or other child in the possession of the employee or juror under a court order, is eligible to participate in the child care program subject to the limitations imposed under Section 157.065.

  17. Tex. Local Government Code Sec. 157.064. SPACE FOR PROGRAM. The commissioners court may set aside space in an existing county facility or may acquire by lease or purchase additional space for the child care program.

  18. Tex. Local Government Code Sec. 157.065. SCOPE OF PROGRAM.

  19. Tex. Local Government Code Sec. 157.066. STAFF.

  20. Tex. Local Government Code Sec. 157.067. FEES.

  21. Tex. Local Government Code Sec. 157.071. DEFINITIONS. In this subchapter:

  22. Tex. Local Government Code Sec. 157.072. AUTHORITY TO ESTABLISH PROGRAM FOR SICK LEAVE POOL.

  23. Tex. Local Government Code Sec. 157.073. ADMINISTRATION OF SICK LEAVE POOL PROGRAM.

  24. Tex. Local Government Code Sec. 157.074. EMPLOYEE CONTRIBUTION TO SICK LEAVE POOL.

  25. Tex. Local Government Code Sec. 157.075. EMPLOYEE WITHDRAWAL FROM SICK LEAVE POOL.

  26. Tex. Local Government Code Sec. 157.081. DEFINITIONS. In this subchapter:

  27. Tex. Local Government Code Sec. 157.082. ESTABLISHMENT OF COUNTY EMPLOYEE FAMILY LEAVE POOL PROGRAM.

  28. Tex. Local Government Code Sec. 157.083. CONTRIBUTION TO FAMILY LEAVE POOL.

  29. Tex. Local Government Code Sec. 157.084. USE OF TIME IN POOL.

  30. Tex. Local Government Code Sec. 157.085. WITHDRAWAL OF TIME FROM POOL.

  31. Tex. Local Government Code Sec. 157.086. LIMITATION ON WITHDRAWALS.

  32. Tex. Local Government Code Sec. 157.087. EQUAL TREATMENT. A county employee absent while using time withdrawn from the family leave pool of the county that employs the employee may use the time as sick leave earned by the employee. The employee shall be treated for all purposes as if the employee is absent on earned sick leave.

  33. Tex. Local Government Code Sec. 157.088. NO ENTITLEMENT TO ESTATE. The estate of a deceased county employee is not entitled to payment for unused time withdrawn by the employee from the family leave pool of the county that employs the employee.

  34. Tex. Local Government Code Sec. 157.101. GROUP HEALTH AND RELATED BENEFITS.

  35. Tex. Local Government Code Sec. 157.102. GROUP HEALTH AND RELATED BENEFITS FUND.

  36. Tex. Local Government Code Sec. 157.103. SUBROGATION.

  37. Tex. Local Government Code Sec. 157.104. PAYMENTS FOR CERTAIN HEALTH COVERAGE. A county may purchase and pay premiums for coverages as described by Section 157.006.

  38. Tex. Local Government Code Sec. 157.105. APPLICABILITY OF SUBCHAPTER.

  39. Tex. Local Government Code Sec. 157.106. INSURANCE POOL OR INSURANCE COMPANY NOT CREATED. If a county provides for group health and related benefits, including medical care, surgical care, hospitalization, and pharmaceutical, life, accident, disability, long-term care, vision, dental, mental health, and substance abuse benefits, to persons listed under Section 157.101(a)(1), the county:

  40. Tex. Local Government Code Sec. 157.901. LEGAL DEFENSE OF EMPLOYEES.

  41. Tex. Local Government Code Sec. 157.9015. REPRESENTATION PERMITTED WITHOUT CONFLICT OF INTEREST.

  42. Tex. Local Government Code Sec. 157.902. PERSONNEL RULES APPLYING TO JUVENILE AND PROBATION OFFICERS, COURT REPORTERS, AND COUNTY AUDITOR'S OFFICE IN COUNTIES OF 500,000 OR MORE.

  43. Tex. Local Government Code Sec. 157.903. AUTHORITY TO INDEMNIFY ELECTED AND APPOINTED COUNTY OFFICERS. The commissioners court of a county by order may provide for the indemnification of an elected or appointed county officer against personal liability for the loss of county funds, or loss of or damage to personal property, incurred by the officer in the performance of official duties if the loss was not the result of the officer's negligence or criminal action.

  44. Tex. Local Government Code Sec. 157.9031. AUTHORITY TO REQUIRE REIMBURSEMENT FOR CERTAIN COVERAGE. A self-insuring county or the intergovernmental pool operating under Chapter 119, under policies concerning the provision of coverages adopted by the county's commissioners court or the pool's governing body, may require reimbursement for the provision of punitive damage coverage from a person to whom the county or intergovernmental pool provides coverage.

  45. Tex. Local Government Code Sec. 157.904. PERSONNEL RECORDS OF CERTAIN SHERIFF'S DEPARTMENTS.

  46. Tex. Local Government Code Sec. 157.906. PAYMENT FOR APPEARANCES OF PEACE OFFICERS EMPLOYED BY COUNTY IN COURT OR ADMINISTRATIVE PROCEEDINGS.

Chapter 158

  1. Tex. Local Government Code Sec. 158.001. DEFINITIONS. In this subchapter:

  2. Tex. Local Government Code Sec. 158.002. ELIGIBLE COUNTIES. A county with a population of 190,000 or more may, in accordance with this subchapter, create a county civil service system to include all the employees of the county who are not exempted from the system by the express terms or judicial interpretations of this subchapter or by the operation of Subchapter B.

  3. Tex. Local Government Code Sec. 158.0025. CREATION OF SHERIFF'S DEPARTMENT CIVIL SERVICE SYSTEM IN CERTAIN COUNTIES NOT COVERED BY SUBCHAPTER B.

  4. Tex. Local Government Code Sec. 158.003. CREATION BY ORDER.

  5. Tex. Local Government Code Sec. 158.004. CREATION BY ELECTION.

  6. Tex. Local Government Code Sec. 158.005. BALLOTS AND VOTING AT ELECTION TO CREATE SYSTEM.

  7. Tex. Local Government Code Sec. 158.006. RESULT OF ELECTION TO CREATE SYSTEM.

  8. Tex. Local Government Code Sec. 158.0065. PETITION TO CREATE BY ORDER OR ELECTION.

  9. Tex. Local Government Code Sec. 158.007. EXPANDED COVERAGE OR DISSOLUTION OF SYSTEM IN POPULOUS COUNTIES.

  10. Tex. Local Government Code Sec. 158.008. APPOINTMENT OF COMMISSION.

  11. Tex. Local Government Code Sec. 158.009. POWERS OF THE COMMISSION.

  12. Tex. Local Government Code Sec. 158.0095. AUTHORITY TO ISSUE SUBPOENAS AND ADMINISTER OATHS.

  13. Tex. Local Government Code Sec. 158.010. EMPLOYMENT BY DEPARTMENTS.

  14. Tex. Local Government Code Sec. 158.011. COMPENSATION AND STAFF. The members of the commission serve without compensation, but the commissioners court shall reimburse each member for all necessary expenses incurred in performing the member's duties. The commissioners court shall provide the commission with adequate office space and sufficient funds to employ an adequate staff and to purchase necessary supplies and equipment.

  15. Tex. Local Government Code Sec. 158.012. APPEALS.

  16. Tex. Local Government Code Sec. 158.0121. REVIEW UNDER SUBSTANTIAL EVIDENCE RULE. In an appeal under Section 158.012, the district court may not substitute its judgment for the judgment of the commission on the weight of the evidence on questions committed to the commission's discretion but:

  17. Tex. Local Government Code Sec. 158.0122. PROCEDURES FOR REVIEW UNDER SUBSTANTIAL EVIDENCE RULE.

  18. Tex. Local Government Code Sec. 158.0123. COST OF PREPARING COMMISSION RECORD.

  19. Tex. Local Government Code Sec. 158.013. EXEMPTIONS.

  20. Tex. Local Government Code Sec. 158.014. DISSOLUTION OF SYSTEM.

  21. Tex. Local Government Code Sec. 158.015. LIMITATION ON ELECTIONS. The commissioners court may not call an election under Section 158.004 or 158.014 for at least two years after the date of any previous election under either of those sections.

  22. Tex. Local Government Code Sec. 158.031. DEFINITIONS. In this subchapter:

  23. Tex. Local Government Code Sec. 158.032. ELIGIBLE DEPARTMENTS. A sheriff's department in a county with a population of more than 500,000 may, in accordance with this subchapter, create a civil service system.

  24. Tex. Local Government Code Sec. 158.033. PETITION AND ELECTION.

  25. Tex. Local Government Code Sec. 158.034. APPOINTMENT OF COMMISSION.

  26. Tex. Local Government Code Sec. 158.035. POWERS OF COMMISSION.

  27. Tex. Local Government Code Sec. 158.0351. PROCEDURES AFTER FELONY INDICTMENT OR MISDEMEANOR COMPLAINT.

  28. Tex. Local Government Code Sec. 158.0355. AUTHORITY TO ISSUE SUBPOENAS AND ADMINISTER OATHS.

  29. Tex. Local Government Code Sec. 158.036. COMPENSATION AND STAFF. The members of the commission serve without compensation, but the commissioners court shall reimburse each member for actual and necessary expenses incurred in performing the member's duties. The commissioners court shall provide the commission with adequate office space and sufficient funds to employ an adequate staff and to purchase necessary supplies and equipment.

  30. Tex. Local Government Code Sec. 158.037. APPEALS.

  31. Tex. Local Government Code Sec. 158.0371. REVIEW UNDER SUBSTANTIAL EVIDENCE RULE.

  32. Tex. Local Government Code Sec. 158.038. EXEMPTIONS.

  33. Tex. Local Government Code Sec. 158.039. DISSOLUTION OF SYSTEM.

  34. Tex. Local Government Code Sec. 158.040. EXCLUSIVITY. A civil service system created under this subchapter and in effect applies to the department to the exclusion of a civil service system in that county created under Subchapter A or another law.

  35. Tex. Local Government Code Sec. 158.041. ILLNESS OR INJURY LEAVE OF ABSENCE.

  36. Tex. Local Government Code Sec. 158.042. REAPPOINTMENT AFTER RECOVERY FROM DISABILITY. With the commission's approval and if otherwise qualified, an employee who has been certified by a physician selected by a pension fund as having recovered from a disability for which the employee has been receiving a monthly disability pension is eligible for reappointment to the classified position that the employee held on the date the employee qualified for the monthly disability pension.

Chapter 159

  1. Tex. Local Government Code Sec. 159.001. APPLICABILITY OF SUBCHAPTER. This subchapter applies only to:

  2. Tex. Local Government Code Sec. 159.002. DEFINITION. In this subchapter, "county officer" means a county judge, county commissioner, or county attorney.

  3. Tex. Local Government Code Sec. 159.003. FINANCIAL STATEMENT REQUIRED.

  4. Tex. Local Government Code Sec. 159.004. FILING DATES; TIMELINESS OF FILING.

  5. Tex. Local Government Code Sec. 159.005. PREPARATION OF FORMS.

  6. Tex. Local Government Code Sec. 159.006. DUPLICATE STATEMENTS. If a person has filed a financial statement under one provision of this subchapter covering the preceding calendar year, the person is not required to file a financial statement required under another provision of this subchapter to cover that same year if, before the deadline for filing the statement under the other provision, the person notifies the county clerk in writing that the person has already filed a financial statement under this subchapter to cover that year.

  7. Tex. Local Government Code Sec. 159.007. PUBLIC ACCESS TO STATEMENTS.

  8. Tex. Local Government Code Sec. 159.0071. NOTIFICATION TO PROSECUTING ATTORNEY. The county clerk of each county in which a person is required to file a financial statement under this chapter shall maintain a list of the county officers, candidates for county office, justices of the peace, and candidates for the office of justice of the peace required to file the financial statement. Not later than the 10th day after each applicable filing deadline, the county clerk shall provide to the county attorney or criminal district attorney a copy of the list showing for each county officer, candidate for county office, justice of the peace, and candidate for justice of the peace:

  9. Tex. Local Government Code Sec. 159.008. CRIMINAL PENALTY.

  10. Tex. Local Government Code Sec. 159.009. VENUE. An offense under this subchapter, including perjury, may be prosecuted in any county in which it may be prosecuted under the Code of Criminal Procedure.

  11. Tex. Local Government Code Sec. 159.010. CIVIL PENALTY.

  12. Tex. Local Government Code Sec. 159.031. COUNTY COVERED BY SUBCHAPTER. This subchapter applies only to a county with a population of 125,000 or more.

  13. Tex. Local Government Code Sec. 159.032. DEFINITIONS. In this subchapter:

  14. Tex. Local Government Code Sec. 159.033. FINANCIAL DISCLOSURE REPORTING SYSTEM.

  15. Tex. Local Government Code Sec. 159.034. FILING REQUIREMENT.

  16. Tex. Local Government Code Sec. 159.0341. TIMELINESS OF FILING.

  17. Tex. Local Government Code Sec. 159.035. CIVIL PENALTY.

  18. Tex. Local Government Code Sec. 159.036. CRIMINAL PENALTY.

  19. Tex. Local Government Code Sec. 159.051. DEFINITIONS. In this subchapter:

  20. Tex. Local Government Code Sec. 159.052. FILING REQUIREMENT.

  21. Tex. Local Government Code Sec. 159.053. FILING DATES; TIMELINESS OF FILING.

  22. Tex. Local Government Code Sec. 159.054. PREPARATION OF FORMS.

  23. Tex. Local Government Code Sec. 159.055. PUBLIC ACCESS TO STATEMENTS AND RELATED RECORDS.

  24. Tex. Local Government Code Sec. 159.056. FAILURE TO FILE; CRIMINAL PENALTY.

  25. Tex. Local Government Code Sec. 159.071. OMISSION OF ADDRESS.

Chapter 160

  1. Tex. Local Government Code Sec. 160.001. POLICY. The purpose of this chapter is to provide reasonable, standardized grievance procedures for certain counties and their employees because:

  2. Tex. Local Government Code Sec. 160.002. COUNTIES AND EMPLOYEES AFFECTED. This chapter applies only to a county with a population of more than 3.3 million and its employees, including but not limited to the employees of road and bridge districts, flood control districts, and juvenile probation departments in the county. However, this chapter does not apply to the employees of a sheriff's department.

  3. Tex. Local Government Code Sec. 160.003. DEFINITION. In this chapter, "grievance" means a claim by an employee that the employee was adversely affected by a violation, misinterpretation, misapplication, or disparity in the application of a specific law, ordinance, resolution, written or unwritten policy, or rule regarding wages, hours of work, or conditions of work.

  4. Tex. Local Government Code Sec. 160.004. PROCEDURE IN GENERAL. A grievance must be presented and adjusted in accordance with the grievance procedures prescribed by this chapter.

  5. Tex. Local Government Code Sec. 160.005. STANDARDIZED GRIEVANCE PROCEDURE.

  6. Tex. Local Government Code Sec. 160.006. NO RETALIATION OR REPRISAL.

  7. Tex. Local Government Code Sec. 160.007. PROSPECTIVE APPLICATION OF CHAPTER AND AMENDED ORDER.

Chapter 161

  1. Tex. Local Government Code Sec. 161.001. APPLICABILITY OF CHAPTER. This chapter applies only to:

  2. Tex. Local Government Code Sec. 161.002. DEFINITIONS. In this chapter:

  3. Tex. Local Government Code Sec. 161.003. CONFLICT WITH CIVIL SERVICE AGREEMENT.

  4. Tex. Local Government Code Sec. 161.051. CREATION OF COMMISSION BY ORDER.

  5. Tex. Local Government Code Sec. 161.052. CREATION OF COMMISSION BY ELECTION.

  6. Tex. Local Government Code Sec. 161.053. BALLOT. The commissioners court shall order the ballot at the election to be printed to provide for voting for or against the proposition: "Creation of a county ethics commission."

  7. Tex. Local Government Code Sec. 161.054. RESULT OF ELECTION. If the proposition is approved, the commissioners court shall declare the result and by order create the county ethics commission. A copy of the order creating the commission shall be placed in the minutes of the court's proceedings.

  8. Tex. Local Government Code Sec. 161.055. APPOINTMENT OF COMMISSION.

  9. Tex. Local Government Code Sec. 161.056. ELIGIBILITY.

  10. Tex. Local Government Code Sec. 161.057. TERMS.

  11. Tex. Local Government Code Sec. 161.058. VACANCIES.

  12. Tex. Local Government Code Sec. 161.059. MEETINGS.

  13. Tex. Local Government Code Sec. 161.0591. CHAIR.

  14. Tex. Local Government Code Sec. 161.060. REMOVAL OF COMMISSION MEMBER. A member of the commission is a county officer described by Section 87.012(15) and may be removed as provided by Chapter 87 if, after a trial, the jury finds good cause for removal, including:

  15. Tex. Local Government Code Sec. 161.061. LEGAL REPRESENTATION. The county attorney, or district attorney, or criminal district attorney, as appropriate, with the duty to represent the county in civil matters shall represent the commission in all legal matters.

  16. Tex. Local Government Code Sec. 161.101. GENERAL POWERS.

  17. Tex. Local Government Code Sec. 161.102. ADVISORY OPINIONS. On the request of any person covered by the ethics code adopted by the commission, the commission may issue a written ethics advisory opinion regarding the application of the ethics code to a specified existing or hypothetical factual situation. The commission may not issue an opinion that includes the name of any person who may be affected by the opinion. The name of the person requesting the opinion shall be deemed confidential.

  18. Tex. Local Government Code Sec. 161.103. PUBLIC INTEREST INFORMATION.

  19. Tex. Local Government Code Sec. 161.104. COMMISSION MEMBER EDUCATION AND TRAINING.

  20. Tex. Local Government Code Sec. 161.105. EDUCATION AND TRAINING FOR PERSONS COVERED BY ETHICS CODE.

  21. Tex. Local Government Code Sec. 161.106. CERTAIN DISCUSSIONS OF PENDING COMPLAINTS PROHIBITED. Until a sworn complaint alleging a violation of the ethics code is resolved, a member of the commission may not discuss the complaint with a member of the commissioners court.

  22. Tex. Local Government Code Sec. 161.107. DISCLOSURE OF CERTAIN CONTRACTS.

  23. Tex. Local Government Code Sec. 161.151. DEFINITIONS. In this subchapter:

  24. Tex. Local Government Code Sec. 161.152. COMPLAINT PROCEDURES AND HEARINGS. The commission shall adopt the complaint procedures and hearings set forth in this subchapter. The commission may adopt additional procedures not in conflict with this subchapter.

  25. Tex. Local Government Code Sec. 161.153. HEARINGS AND SETTLEMENT.

  26. Tex. Local Government Code Sec. 161.154. CATEGORIZATION OF VIOLATIONS. An allegation of a violation listed as a Category One violation shall be treated as a Category Two violation if the commission at any time determines that:

  27. Tex. Local Government Code Sec. 161.155. FILING OF COMPLAINT; CONTENTS.

  28. Tex. Local Government Code Sec. 161.1551. STANDING PRELIMINARY REVIEW COMMITTEE.

  29. Tex. Local Government Code Sec. 161.156. PROCESSING OF COMPLAINT.

  30. Tex. Local Government Code Sec. 161.157. RETALIATION AGAINST COUNTY EMPLOYEE REPORTING VIOLATION OF ETHICS CODE PROHIBITED.

  31. Tex. Local Government Code Sec. 161.158. PRELIMINARY REVIEW: INITIATION.

  32. Tex. Local Government Code Sec. 161.159. PRELIMINARY REVIEW: RESPONSE BY RESPONDENT.

  33. Tex. Local Government Code Sec. 161.160. PRELIMINARY REVIEW: WRITTEN QUESTIONS. During a preliminary review, the commission staff may submit to the complainant or respondent written questions reasonably intended to lead to the discovery of matters relevant to the investigation.

  34. Tex. Local Government Code Sec. 161.161. PRELIMINARY REVIEW AND PRELIMINARY REVIEW PROCEDURES. The commission shall adopt procedures for the conduct of preliminary reviews and preliminary review hearings. The procedures must include:

  35. Tex. Local Government Code Sec. 161.162. PRELIMINARY REVIEW HEARING: PROCEDURE.

  36. Tex. Local Government Code Sec. 161.163. PRELIMINARY REVIEW HEARING: RESOLUTION.

  37. Tex. Local Government Code Sec. 161.164. FORMAL HEARING: STANDARD OF EVIDENCE. During a formal hearing, the commission shall determine by a preponderance of the evidence whether a violation within the jurisdiction of the commission has occurred.

  38. Tex. Local Government Code Sec. 161.165. FORMAL HEARING: SUBPOENAS AND WITNESSES.

  39. Tex. Local Government Code Sec. 161.166. FORMAL HEARING: PROCEDURE.

  40. Tex. Local Government Code Sec. 161.167. FORMAL HEARING: RESOLUTION.

  41. Tex. Local Government Code Sec. 161.168. STATUS OF COMPLAINT.

  42. Tex. Local Government Code Sec. 161.169. EXTENSION OF DEADLINE. The commission may, on its own motion or on the reasonable request of a respondent, extend any deadline for action relating to a sworn complaint, preliminary review hearing, or formal hearing.

  43. Tex. Local Government Code Sec. 161.170. SUBPOENA.

  44. Tex. Local Government Code Sec. 161.171. STATUS OF COMPLAINANT. The complainant is not a party to a preliminary review, preliminary review hearing, or formal hearing under this subchapter.

  45. Tex. Local Government Code Sec. 161.172. APPLICABILITY OF OTHER ACTS.

  46. Tex. Local Government Code Sec. 161.173. CONFIDENTIALITY; OFFENSE.

  47. Tex. Local Government Code Sec. 161.174. AVAILABILITY OF COMMISSION ORDERS ON INTERNET.

  48. Tex. Local Government Code Sec. 161.201. ORDER. The commission may:

  49. Tex. Local Government Code Sec. 161.202. CIVIL PENALTY FOR DELAY OR VIOLATION.

  50. Tex. Local Government Code Sec. 161.203. WAIVER OR REDUCTION OF PENALTY.

  51. Tex. Local Government Code Sec. 161.204. NOTIFICATION OF REGULATORY OR SUPERVISORY ENTITY. The commission may notify the appropriate regulatory or supervisory entity, including any agency, the State Commission on Judicial Conduct, or the State Bar of Texas, of a violation of the ethics code adopted by the commission.

  52. Tex. Local Government Code Sec. 161.205. CIVIL PENALTY FOR FRIVOLOUS OR BAD-FAITH COMPLAINT.

  53. Tex. Local Government Code Sec. 161.206. FACTORS CONSIDERED FOR ASSESSMENT OF SANCTION. The commission shall consider the following factors in assessing a sanction:

  54. Tex. Local Government Code Sec. 161.207. APPEALS.

  55. Tex. Local Government Code Sec. 161.208. DELIVERY OF RECORD TO REVIEWING COURT.

  56. Tex. Local Government Code Sec. 161.209. COST OF PREPARING COMMISSION RECORD.

  57. Tex. Local Government Code Sec. 161.210. COLLECTIONS. The county attorney may collect a fine or other penalty imposed by the commission under this chapter in the same manner as provided for the collection of a debt owed to the county.

  58. Tex. Local Government Code Sec. 161.301. PETITION FOR DISSOLUTION OF COMMISSION. If, after an ethics commission created pursuant to Section 161.052 has been in effect for at least one year, 10 percent of the qualified voters of the county petition the commissioners court to dissolve the commission, the commissioners court shall call an election to determine whether the commission will be dissolved.

  59. Tex. Local Government Code Sec. 161.302. DISSOLUTION ELECTION.

  60. Tex. Local Government Code Sec. 161.303. DISSOLUTION OF COMMISSION. If the proposition is approved by a majority of the qualified voters voting at the election, the commissioners court shall declare the result and by order dissolve the ethics commission. A copy of the order dissolving the commission shall be placed in the minutes of the court's proceedings.

  61. Tex. Local Government Code Sec. 161.304. SAVING PROVISIONS. The dissolution of a county ethics commission under this subchapter does not affect:

Chapter 170

  1. Tex. Local Government Code Sec. 170.001. REGULATION OF CERTAIN USE OF PRIVATELY OWNED VEHICLES.

  2. Tex. Local Government Code Sec. 170.002. CODE OF ETHICS FOR CERTAIN COMMISSIONERS COURTS.

Chapter 171

  1. Tex. Local Government Code Sec. 171.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 171.002. SUBSTANTIAL INTEREST IN BUSINESS ENTITY.

  3. Tex. Local Government Code Sec. 171.0025. APPLICATION OF CHAPTER TO MEMBER OF HIGHER EDUCATION AUTHORITY. This chapter does not apply to a board member of a higher education authority created under Chapter 53, Education Code, unless a vote, act, or other participation by the board member in the affairs of the higher education authority would provide a financial benefit to a financial institution, school, college, or university that is:

  4. Tex. Local Government Code Sec. 171.003. PROHIBITED ACTS; PENALTY.

  5. Tex. Local Government Code Sec. 171.004. AFFIDAVIT AND ABSTENTION FROM VOTING REQUIRED.

  6. Tex. Local Government Code Sec. 171.005. VOTING ON BUDGET.

  7. Tex. Local Government Code Sec. 171.006. EFFECT OF VIOLATION OF CHAPTER. The finding by a court of a violation under this chapter does not render an action of the governing body voidable unless the measure that was the subject of an action involving a conflict of interest would not have passed the governing body without the vote of the person who violated the chapter.

  8. Tex. Local Government Code Sec. 171.007. COMMON LAW PREEMPTED; CUMULATIVE OF MUNICIPAL PROVISIONS.

  9. Tex. Local Government Code Sec. 171.009. SERVICE ON BOARD OF CORPORATION FOR NO COMPENSATION. It shall be lawful for a local public official to serve as a member of the board of directors of private, nonprofit corporations when such officials receive no compensation or other remuneration from the nonprofit corporation or other nonprofit entity.

  10. Tex. Local Government Code Sec. 171.010. PRACTICE OF LAW.

Chapter 172

  1. Tex. Local Government Code Sec. 172.001. SHORT TITLE. This chapter may be cited as the Texas Political Subdivision Employees Uniform Group Benefits Act.

  2. Tex. Local Government Code Sec. 172.002. PURPOSE. The purpose of this chapter is to:

  3. Tex. Local Government Code Sec. 172.003. DEFINITIONS. In this chapter:

  4. Tex. Local Government Code Sec. 172.004. BENEFITS CONTRACT.

  5. Tex. Local Government Code Sec. 172.005. RISK POOL.

  6. Tex. Local Government Code Sec. 172.006. SUPERVISION AND ADMINISTRATION OF POOL.

  7. Tex. Local Government Code Sec. 172.007. TRUSTEE TRAINING.

  8. Tex. Local Government Code Sec. 172.008. EXCESS LOSS COVERAGE AND REINSURANCE.

  9. Tex. Local Government Code Sec. 172.009. INVESTMENTS.

  10. Tex. Local Government Code Sec. 172.010. AUDITS.

  11. Tex. Local Government Code Sec. 172.011. INSOLVENCY.

  12. Tex. Local Government Code Sec. 172.012. LIMITATION OF RISK POOLS.

  13. Tex. Local Government Code Sec. 172.013. PAYMENT OF CONTRIBUTIONS AND PREMIUMS.

  14. Tex. Local Government Code Sec. 172.014. APPLICATION OF CERTAIN LAWS. A risk pool created under this chapter is not insurance or an insurer under the Insurance Code and other laws of this state, and the State Board of Insurance does not have jurisdiction over a pool created under this chapter.

  15. Tex. Local Government Code Sec. 172.016. STATUS OF AFFILIATED SERVICE CONTRACTORS. Inclusion of the employees of affiliated service contractors in the uniform group benefits program authorized by this chapter does not, for any purpose:

Chapter 173

  1. Tex. Local Government Code Sec. 173.001. EMPLOYEES SUBJECT TO CHAPTER.

  2. Tex. Local Government Code Sec. 173.002. SALARY CONTINUATION.

  3. Tex. Local Government Code Sec. 173.003. MANNER OF PAYMENT. Salary payments under this chapter may be paid in the manner directed by the person, subject to the approval of the governing body of a municipality or the commissioners court of a county, as applicable, except as provided by other law.

  4. Tex. Local Government Code Sec. 173.004. RULES. The governing body of a municipality and the commissioners court of a county may adopt rules to implement this chapter.

  5. Tex. Local Government Code Sec. 173.005. OTHER BENEFITS UNAFFECTED. This chapter authorizes the continuation of municipal or county salary payments only as provided by Sections 173.001-173.004.

Chapter 174

  1. Tex. Local Government Code Sec. 174.001. SHORT TITLE. This chapter may be cited as The Fire and Police Employee Relations Act.

  2. Tex. Local Government Code Sec. 174.002. POLICY.

  3. Tex. Local Government Code Sec. 174.003. DEFINITIONS. In this chapter:

  4. Tex. Local Government Code Sec. 174.004. LIBERAL CONSTRUCTION. This chapter shall be liberally construed.

  5. Tex. Local Government Code Sec. 174.005. PREEMPTION OF OTHER LAW. Except as provided by this chapter, this chapter preempts all contrary local ordinances, executive orders, legislation, or rules adopted by the state or by a political subdivision or agent of the state, including a personnel board, civil service commission, commissioners court, or home-rule municipality.

  6. Tex. Local Government Code Sec. 174.006. EFFECT ON CIVIL SERVICE PROVISIONS.

  7. Tex. Local Government Code Sec. 174.007. EFFECT ON EXISTING BENEFITS. This chapter may not be construed as repealing any existing benefit provided by statute or ordinance concerning fire fighters' or police officers' compensation, pensions, retirement plans, hours of work, conditions of employment, or other emoluments. This chapter is in addition to the benefits provided by existing statutes and ordinances.

  8. Tex. Local Government Code Sec. 174.008. WAIVER OF IMMUNITY. This chapter is binding and enforceable against the employing public employer, and sovereign or governmental immunity from suit and liability is waived only to the extent necessary to enforce this chapter against that employer.

  9. Tex. Local Government Code Sec. 174.021. PREVAILING WAGE AND WORKING CONDITIONS REQUIRED. A political subdivision that employs fire fighters, police officers, or both, shall provide those employees with compensation and other conditions of employment that are:

  10. Tex. Local Government Code Sec. 174.022. CERTAIN PUBLIC EMPLOYERS CONSIDERED TO BE IN COMPLIANCE.

  11. Tex. Local Government Code Sec. 174.023. RIGHT TO ORGANIZE AND BARGAIN COLLECTIVELY. On adoption of this chapter or the law codified by this chapter by a political subdivision to which this chapter applies, fire fighters, police officers, or both are entitled to organize and bargain collectively with their public employer regarding compensation, hours, and other conditions of employment.

  12. Tex. Local Government Code Sec. 174.051. ADOPTION ELECTION.

  13. Tex. Local Government Code Sec. 174.052. EFFECT OF SUCCESSFUL ADOPTION ELECTION. If a majority of the votes cast in an election under Section 174.051 favor adoption of this chapter, the governing body shall place this chapter in effect not later than the 30th day after the beginning of the first fiscal year of the political subdivision after the election.

  14. Tex. Local Government Code Sec. 174.053. REPEAL ELECTION.

  15. Tex. Local Government Code Sec. 174.054. EFFECT OF SUCCESSFUL REPEAL ELECTION. If a majority of the votes cast in an election under Section 174.053 favor repeal of the adoption of this chapter, the collective bargaining provisions of this chapter are void as to the political subdivision.

  16. Tex. Local Government Code Sec. 174.055. FREQUENCY OF ELECTIONS. If an election for the adoption or the repeal of the adoption of this chapter is held under this subchapter, a like petition for a subsequent election may not be submitted before the first anniversary of the date of the preceding election.

  17. Tex. Local Government Code Sec. 174.101. RECOGNITION OF BARGAINING AGENT FOR FIRE FIGHTERS. A public employer shall recognize an association selected by a majority of the fire fighters of the fire department of a political subdivision as the exclusive bargaining agent for the fire fighters of that department unless a majority of the fire fighters withdraw the recognition.

  18. Tex. Local Government Code Sec. 174.102. RECOGNITION OF BARGAINING AGENT FOR POLICE OFFICERS. A public employer shall recognize an association selected by a majority of the police officers of the police department of a political subdivision as the exclusive bargaining agent for the police officers of that department unless a majority of the police officers withdraw the recognition.

  19. Tex. Local Government Code Sec. 174.103. SINGLE BARGAINING AGENT FOR FIRE FIGHTERS AND POLICE OFFICERS.

  20. Tex. Local Government Code Sec. 174.104. QUESTION REGARDING REPRESENTATION.

  21. Tex. Local Government Code Sec. 174.105. DUTY TO BARGAIN COLLECTIVELY IN GOOD FAITH.

  22. Tex. Local Government Code Sec. 174.106. DESIGNATION OF NEGOTIATOR. A public employer or an association may designate one or more persons to negotiate or bargain on its behalf.

  23. Tex. Local Government Code Sec. 174.107. NOTICE TO PUBLIC EMPLOYER REGARDING CERTAIN ISSUES. If compensation or another matter that requires an appropriation of money by any governing body is included for collective bargaining under this chapter, an association shall serve on the public employer a written notice of its request for collective bargaining at least 120 days before the date on which the public employer's current fiscal operating budget ends.

  24. Tex. Local Government Code Sec. 174.108. OPEN DELIBERATIONS. A deliberation relating to collective bargaining between a public employer and an association, a deliberation by a quorum of an association authorized to bargain collectively, or a deliberation by a member of a public employer authorized to bargain collectively shall be open to the public and comply with state law.

  25. Tex. Local Government Code Sec. 174.109. EFFECT OF AGREEMENT. An agreement under this chapter is binding and enforceable against a public employer, an association, and a fire fighter or police officer covered by the agreement.

  26. Tex. Local Government Code Sec. 174.151. MEDIATION.

  27. Tex. Local Government Code Sec. 174.152. IMPASSE.

  28. Tex. Local Government Code Sec. 174.153. REQUEST FOR ARBITRATION; AGREEMENT TO ARBITRATE.

  29. Tex. Local Government Code Sec. 174.1535. MANDATORY ARBITRATION.

  30. Tex. Local Government Code Sec. 174.154. ARBITRATION BOARD.

  31. Tex. Local Government Code Sec. 174.155. ARBITRATION HEARING.

  32. Tex. Local Government Code Sec. 174.156. SCOPE OF ARBITRATION.

  33. Tex. Local Government Code Sec. 174.157. EVIDENCE; OATH; SUBPOENA.

  34. Tex. Local Government Code Sec. 174.158. ARBITRATION AWARD.

  35. Tex. Local Government Code Sec. 174.159. EFFECT OF AWARD. If a majority decision of an arbitration board is supported by competent, material, and substantial evidence on the whole record, the decision:

  36. Tex. Local Government Code Sec. 174.160. AMENDMENT OF AWARD. The parties to an arbitration award may amend the award by written agreement at any time.

  37. Tex. Local Government Code Sec. 174.161. BEGINNING OF NEW FISCAL YEAR. If a new fiscal year begins after the initiation of arbitration procedures under this subchapter but before an award is rendered or enforced:

  38. Tex. Local Government Code Sec. 174.162. EXTENSION OF PERIOD. A period specified by Section 174.155 or 174.158 may be extended:

  39. Tex. Local Government Code Sec. 174.163. COMPULSORY ARBITRATION NOT REQUIRED; EXCEPTIONS. Except as provided by Section 174.165 or Subchapter E-1, this chapter does not require compulsory arbitration.

  40. Tex. Local Government Code Sec. 174.164. COMPENSATION OF ARBITRATORS; EXPENSES OF ARBITRATION.

  41. Tex. Local Government Code Sec. 174.165. OTHER IMPASSE RESOLUTION FOR FIRE FIGHTERS UNDER MUNICIPAL CHARTER OR COLLECTIVE BARGAINING AGREEMENT.

  42. Tex. Local Government Code Sec. 174.181. APPLICABILITY OF SUBCHAPTER. This subchapter applies only to:

  43. Tex. Local Government Code Sec. 174.182. BINDING INTEREST ARBITRATION.

  44. Tex. Local Government Code Sec. 174.183. ARBITRATION BOARD.

  45. Tex. Local Government Code Sec. 174.184. ARBITRATION PROCESS; JUDICIAL REVIEW.

  46. Tex. Local Government Code Sec. 174.185. ARBITRATION AWARD CONSIDERATIONS. In making an award under this subchapter, the arbitration board may consider only the following:

  47. Tex. Local Government Code Sec. 174.201. DEFINITION. In this subchapter, "strike" means failing to report for duty in concerted action with others, wilfully being absent from one's position, stopping work, abstaining from the full, faithful, and proper performance of the duties of employment, or interfering with the operation of a municipality in any manner, to induce, influence, or coerce a change in the conditions, compensation, rights, privileges, or obligations of employment.

  48. Tex. Local Government Code Sec. 174.202. STRIKES, SLOWDOWNS, AND LOCKOUTS PROHIBITED.

  49. Tex. Local Government Code Sec. 174.203. LOCKOUT BY MUNICIPALITY; INJUNCTION; PENALTY. If a municipality or its designated agent or a department or agency head engages in a lockout of fire fighters or police officers, a court shall:

  50. Tex. Local Government Code Sec. 174.204. STRIKE; PENALTY AGAINST ASSOCIATION.

  51. Tex. Local Government Code Sec. 174.205. STRIKE; PENALTY AGAINST INDIVIDUAL. If a fire fighter or police officer engages in a strike, interferes with the municipality, prevents the municipality from engaging in its duty, directs any employee of the municipality to decline to work or to stop or slow down work, causes another to fail or refuse to deliver goods or services to the municipality, pickets for any of those unlawful acts, or conspires to perform any of those acts:

  52. Tex. Local Government Code Sec. 174.251. JUDICIAL ENFORCEMENT GENERALLY. A district court for the judicial district in which a municipality is located, on the application of a party aggrieved by an act or omission of the other party that relates to the rights or duties under this chapter, may issue a restraining order, temporary or permanent injunction, contempt order, or other writ, order, or process appropriate to enforce this chapter.

  53. Tex. Local Government Code Sec. 174.252. JUDICIAL ENFORCEMENT WHEN PUBLIC EMPLOYER DECLINES ARBITRATION.

  54. Tex. Local Government Code Sec. 174.253. JUDICIAL REVIEW OF ARBITRATION AWARD.

Chapter 175

  1. Tex. Local Government Code Sec. 175.001. APPLICABILITY.

  2. Tex. Local Government Code Sec. 175.002. RIGHT TO PURCHASE CONTINUED COVERAGE.

  3. Tex. Local Government Code Sec. 175.003. LEVEL OF COVERAGE.

  4. Tex. Local Government Code Sec. 175.004. PAYMENT FOR COVERAGE. A person who is entitled to continued coverage under this chapter is entitled to make payments for the coverage at the same time and to the same entity that payments for the coverage are made by current employees of the political subdivision.

  5. Tex. Local Government Code Sec. 175.005. DUTY TO INFORM RETIREE OF RIGHTS. A political subdivision shall provide written notice to a person to whom this chapter may apply of the person's rights under this chapter not later than the date the person retires from the political subdivision. A political subdivision may fulfill its requirements under this section by placing the written notice required by this section in a personnel manual or employee handbook that is available to all employees.

  6. Tex. Local Government Code Sec. 175.006. CERTAIN MATTERS NOT AFFECTED. This chapter does not:

  7. Tex. Local Government Code Sec. 175.007. EXEMPTIONS.

Chapter 176

  1. Tex. Local Government Code Sec. 176.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 176.002. APPLICABILITY TO VENDORS AND OTHER PERSONS.

  3. Tex. Local Government Code Sec. 176.003. CONFLICTS DISCLOSURE STATEMENT REQUIRED.

  4. Tex. Local Government Code Sec. 176.006. DISCLOSURE REQUIREMENTS FOR VENDORS AND OTHER PERSONS; QUESTIONNAIRE.

  5. Tex. Local Government Code Sec. 176.0065. MAINTENANCE OF RECORDS. A records administrator shall:

  6. Tex. Local Government Code Sec. 176.008. ELECTRONIC FILING. The requirements of this chapter, including signature requirements, may be satisfied by electronic filing in a form approved by the commission.

  7. Tex. Local Government Code Sec. 176.009. POSTING ON INTERNET.

  8. Tex. Local Government Code Sec. 176.010. REQUIREMENTS CUMULATIVE. The requirements of this chapter are in addition to any other disclosure required by law.

  9. Tex. Local Government Code Sec. 176.012. APPLICATION OF PUBLIC INFORMATION LAW. This chapter does not require a local governmental entity to disclose any information that is excepted from disclosure by Chapter 552, Government Code.

  10. Tex. Local Government Code Sec. 176.013. ENFORCEMENT.

Chapter 177

  1. Tex. Local Government Code Sec. 177.001. CERTAIN COVERAGE AUTHORIZED.

  2. Tex. Local Government Code Sec. 177.002. PAYMENT OF PREMIUMS.

  3. Tex. Local Government Code Sec. 177.003. USE OF STATE FUNDS. State funds may not be used to procure a contract under this subchapter or pay premiums under that contract.

  4. Tex. Local Government Code Sec. 177.051. FUND AUTHORIZED.

  5. Tex. Local Government Code Sec. 177.052. PAYMENT OF MONEY INTO FUND. There shall be credited to a fund established under this subchapter:

  6. Tex. Local Government Code Sec. 177.053. USE OF MONEY IN FUND. Payment from a fund established under this subchapter:

  7. Tex. Local Government Code Sec. 177.054. PAYMENT OF CLAIMS FROM FUND. A claim against a fund established under this subchapter shall be payable in the same manner as other claims of the county or other political subdivision.

Chapter 178

  1. Tex. Local Government Code Sec. 178.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 178.051. APPLICABILITY. This subchapter applies to any type of special district with a board that is wholly or partly appointed, including:

  3. Tex. Local Government Code Sec. 178.052. EXEMPTIONS.

  4. Tex. Local Government Code Sec. 178.053. REMOVAL OF DIRECTOR BY COMMISSIONERS COURT FOR MISCONDUCT.

  5. Tex. Local Government Code Sec. 178.054. HEARING.

  6. Tex. Local Government Code Sec. 178.055. ORDER REMOVING DIRECTOR.

  7. Tex. Local Government Code Sec. 178.056. VACANCY.

Chapter 179

  1. Tex. Local Government Code Sec. 179.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 179.002. APPLICABILITY OF CHAPTER. This chapter applies only to:

  3. Tex. Local Government Code Sec. 179.003. CONSTRUCTION OF CHAPTER.

  4. Tex. Local Government Code Sec. 179.051. AUTHORITY OF MUNICIPALITY OR COUNTY TO PROHIBIT OR REGULATE CARRYING HANDGUN.

  5. Tex. Local Government Code Sec. 179.052. AUTHORITY OF EMPLOYERS AND SUPERVISORS.

  6. Tex. Local Government Code Sec. 179.053. LIABILITY INSURANCE REQUIRED. A first responder shall maintain liability insurance coverage in an amount of at least $1 million if:

  7. Tex. Local Government Code Sec. 179.054. STORAGE OF HANDGUN.

  8. Tex. Local Government Code Sec. 179.055. DISCHARGE OF HANDGUN. A first responder may discharge a handgun while on duty only in self-defense.

  9. Tex. Local Government Code Sec. 179.056. LIMITED LIABILITY.

  10. Tex. Local Government Code Sec. 179.057. COMPLAINTS. A member of the public may submit a complaint to the municipality or county employing or supervising the first responder using the municipality's or county's existing complaint procedure. One or more complaints received with respect to a specific first responder are grounds for prohibiting or limiting that first responder's carrying a handgun while on duty.

Chapter 180

  1. Tex. Local Government Code Sec. 180.001. COERCION OF POLICE OFFICER OR FIRE FIGHTER IN CONNECTION WITH POLITICAL CAMPAIGN.

  2. Tex. Local Government Code Sec. 180.002. DEFENSE OF CIVIL SUITS AGAINST PEACE OFFICERS, FIRE FIGHTERS, AND EMERGENCY MEDICAL PERSONNEL.

  3. Tex. Local Government Code Sec. 180.003. MAXIMUM DUTY HOURS OF PEACE OFFICERS.

  4. Tex. Local Government Code Sec. 180.004. WORKING CONDITIONS FOR PREGNANT EMPLOYEES.

  5. Tex. Local Government Code Sec. 180.005. APPOINTMENTS TO LOCAL GOVERNING BODIES.

  6. Tex. Local Government Code Sec. 180.006. SOVEREIGN OR GOVERNMENTAL IMMUNITY WAIVED FOR CERTAIN CLAIMS.

  7. Tex. Local Government Code Sec. 180.007. PAYMENTS IN EXCESS OF CONTRACTUAL AMOUNT.

  8. Tex. Local Government Code Sec. 180.008. PROHIBITION ON USE OF PUBLIC MONEY TO SETTLE OR PAY SEXUAL HARASSMENT CLAIMS.

  9. Tex. Local Government Code Sec. 180.009. PAID QUARANTINE LEAVE FOR FIRE FIGHTERS, PEACE OFFICERS, DETENTION OFFICERS, AND EMERGENCY MEDICAL TECHNICIANS.

  10. Tex. Local Government Code Sec. 180.010. REMOVAL FOR CERTAIN CRIMINAL OFFENSES.

  11. Tex. Local Government Code Sec. 180.011. LIMITATION ON SEVERANCE PAY FOR EXECUTIVE EMPLOYEES.

Chapter 191

  1. Tex. Local Government Code Sec. 191.001. COUNTY RECORDER; SEAL; GENERAL DUTIES.

  2. Tex. Local Government Code Sec. 191.002. RECORDS TO BE KEPT IN WELL-BOUND BOOKS OR ON MICROFILM OR OTHER MEDIA. When the county clerk records an instrument, the clerk shall do so in a suitable well-bound book. However, this requirement does not apply to an instrument recorded and maintained on microfilm or other medium as provided by Chapters 204 and 205 and rules adopted under those chapters.

  3. Tex. Local Government Code Sec. 191.003. EFFECTIVE DATE OF RECORDING. An instrument filed with a county clerk for recording is considered recorded from the time that the instrument is filed.

  4. Tex. Local Government Code Sec. 191.004. ATTESTED COPIES.

  5. Tex. Local Government Code Sec. 191.0041. CERTIFIED COPIES. A certified copy made of an original document on file in a county clerk's office must include:

  6. Tex. Local Government Code Sec. 191.005. EFFECT OF COPY. If made and recorded as provided by law, a transcribed record, a translation of a Spanish archive, a rerecorded deed, any other instrument required by law to be recorded, or a certified copy of such a record has the same effect as the original record.

  7. Tex. Local Government Code Sec. 191.006. PUBLIC ACCESS TO RECORDS. All records belonging to the office of the county clerk to which access is not otherwise restricted by law or by court order shall be open to the public at all reasonable times. A member of the public may make a copy of any of the records.

  8. Tex. Local Government Code Sec. 191.007. SPECIFICATIONS FOR LEGAL PAPERS; INCREASED FEES.

  9. Tex. Local Government Code Sec. 191.008. AUTHORITY TO ESTABLISH COMPUTERIZED ELECTRONIC INFORMATION SYSTEM.

  10. Tex. Local Government Code Sec. 191.009. ELECTRONIC FILING AND RECORDING.

  11. Tex. Local Government Code Sec. 191.010. AUTHORITY TO REQUIRE PHOTO IDENTIFICATION TO FILE CERTAIN DOCUMENTS.

  12. Tex. Local Government Code Sec. 191.011. AUTHORITY OF CLERKS TO OBTAIN AND RETAIN IDENTIFYING INFORMATION IN CERTAIN COUNTIES.

Chapter 192

  1. Tex. Local Government Code Sec. 192.001. GENERAL ITEMS. The county clerk shall record each deed, mortgage, or other instrument that is required or permitted by law to be recorded.

  2. Tex. Local Government Code Sec. 192.0015. SUBDIVISION PLAT. In recording a plat or replat of a subdivision of real property, the county clerk and a deputy of the clerk are subject to the requirements and prohibitions established by Section 12.002, Property Code.

  3. Tex. Local Government Code Sec. 192.002. MILITARY DISCHARGE RECORDS.

  4. Tex. Local Government Code Sec. 192.003. RECORDS OF NEW OR ENLARGED COUNTY.

  5. Tex. Local Government Code Sec. 192.005. CERTAIN PROBATE RECORDS. The commissioners court of a county may require the county clerk to record any previously unrecorded probate records if the commissioners court determines that the recording is necessary.

  6. Tex. Local Government Code Sec. 192.006. COUNTY COURT RECORDS.

  7. Tex. Local Government Code Sec. 192.007. RECORDS OF RELEASES AND OTHER ACTIONS.

Chapter 193

  1. Tex. Local Government Code Sec. 193.001. MANNER OF RECORDING.

  2. Tex. Local Government Code Sec. 193.002. CLASSIFICATION AND INDEX OF RECORDS NOT ON MICROFILM.

  3. Tex. Local Government Code Sec. 193.003. INDEX TO REAL PROPERTY RECORDS.

  4. Tex. Local Government Code Sec. 193.004. INDEX TO JUDGMENTS.

  5. Tex. Local Government Code Sec. 193.005. INDEXES TO OTHER RECORDS.

  6. Tex. Local Government Code Sec. 193.007. TRANSLATION OF COUNTY RECORDS.

  7. Tex. Local Government Code Sec. 193.008. CLASSIFICATION OF RECORDS ON MICROFILM.

  8. Tex. Local Government Code Sec. 193.009. INDEXING OF RECORDS ON MICROFILM.

  9. Tex. Local Government Code Sec. 193.010. REVISION OF INDEXES OF RECORDS ON MICROFILM.

  10. Tex. Local Government Code Sec. 193.011. REGISTERS OF COURT RECORDS ON MICROFILM.

  11. Tex. Local Government Code Sec. 193.012. RETURN OF ORIGINAL INSTRUMENTS. After an original instrument that is not involved in or related to a court matter or proceeding has been microfilmed and the microfilm has satisfied the requirements of Chapter 204 and rules adopted under that chapter, the county clerk shall return the original instrument to the person who filed it for record.

  12. Tex. Local Government Code Sec. 193.013. COMPUTERIZED INDEX FOR CERTAIN RECORDS. An index for a record listed in Section 193.008(b) may be stored or maintained by computer if a security or backup copy of the index is created on a daily basis and stored in a climate-controlled location that is equipped with fire alarms and sprinklers. The storage location must be separate from the building in which the computer is located.

Chapter 195

  1. Tex. Local Government Code Sec. 195.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 195.002. ADOPTION OF RULES.

  3. Tex. Local Government Code Sec. 195.003. PERSONS AUTHORIZED TO FILE ELECTRONICALLY.

  4. Tex. Local Government Code Sec. 195.004. NOTICE OF CONFIRMATION.

  5. Tex. Local Government Code Sec. 195.005. TIME ELECTRONIC DOCUMENT OR OTHER INSTRUMENT CONSIDERED FILED OR RECORDED. An electronic document or other instrument that is recorded electronically under this chapter is considered to be recorded in compliance with a law relating to the recording of electronic documents or other instruments as of the county clerk's business day on which the electronic document or other instrument is filed electronically. An electronic document or other instrument filed electronically under this chapter must be recorded as timely as an instrument filed by any other means.

  6. Tex. Local Government Code Sec. 195.006. ADDITIONAL FEE PROHIBITED. The fee to file or record an electronic document or other instrument electronically under this chapter is the same as the fee for filing or recording the instrument by other means, and a county clerk may not charge an additional fee for filing or recording an electronic document or other instrument electronically under this chapter.

  7. Tex. Local Government Code Sec. 195.007. ACCESS TO ELECTRONIC DOCUMENT OR OTHER INSTRUMENT RECORDED ELECTRONICALLY.

  8. Tex. Local Government Code Sec. 195.008. ELECTRONIC RECORDING ADVISORY COMMITTEE.

  9. Tex. Local Government Code Sec. 195.009. FILING. For purposes of this chapter, an electronic document or other instrument is filed with the county clerk when it is received by the county clerk, unless the county clerk rejects the filing within the time and manner provided by this chapter and rules adopted under this chapter.

Chapter 201

  1. Tex. Local Government Code Sec. 201.001. SHORT TITLE. This subtitle may be cited as the Local Government Records Act.

  2. Tex. Local Government Code Sec. 201.002. PURPOSE. Recognizing that the citizens of the state have a right to expect, and the state has an obligation to foster, efficient and cost-effective government and recognizing the central importance of local government records in the lives of all citizens, the legislature finds that:

  3. Tex. Local Government Code Sec. 201.003. DEFINITIONS. In this subtitle:

  4. Tex. Local Government Code Sec. 201.004. RECORD BOOKS. If a state law relating to the keeping of records by a local government officer or employee requires the records to be kept in a "book," "record book," or "well-bound book," or contains any similar requirement that a record be maintained in bound paper form, the record whose creation is called for in the provision may be maintained on microfilm or stored electronically in accordance with the requirements of Chapters 204 and 205 and rules adopted under those chapters unless the law specifically prohibits those methods.

  5. Tex. Local Government Code Sec. 201.005. DECLARATION OF RECORDS AS PUBLIC PROPERTY; ACCESS.

  6. Tex. Local Government Code Sec. 201.006. RECORDS TO BE DELIVERED TO SUCCESSOR IN OFFICE.

  7. Tex. Local Government Code Sec. 201.007. RECORDS OF ABOLISHED LOCAL GOVERNMENTS.

  8. Tex. Local Government Code Sec. 201.008. RECORDS OF ABOLISHED OFFICES OF COUNTY SUPERINTENDENTS OF SCHOOLS.

  9. Tex. Local Government Code Sec. 201.009. ACCESS TO RECORDS.

Chapter 202

  1. Tex. Local Government Code Sec. 202.001. DESTRUCTION OF RECORDS.

  2. Tex. Local Government Code Sec. 202.002. LITIGATION AND OPEN RECORDS REQUESTS.

  3. Tex. Local Government Code Sec. 202.003. METHOD OF DESTRUCTION.

  4. Tex. Local Government Code Sec. 202.004. ALIENATION OF RECORDS.

  5. Tex. Local Government Code Sec. 202.005. RIGHT OF RECOVERY.

  6. Tex. Local Government Code Sec. 202.006. DESTRUCTION OF NONRECORD MATERIAL.

  7. Tex. Local Government Code Sec. 202.007. PERSONAL LIABILITY. A custodian of local government records, records management officer, or other officer or employee of a local government may not be held personally liable for the destruction of a local government record if the destruction is in compliance with this subtitle and rules adopted under it.

  8. Tex. Local Government Code Sec. 202.008. PENALTY: DESTRUCTION OR ALIENATION OF RECORD. An officer or employee of a local government commits an offense if the officer or employee knowingly or intentionally violates this subtitle or rules adopted under it by destroying or alienating a local government record in contravention of this subtitle or by intentionally failing to deliver records to a successor in office as provided by Section 201.006(a). An offense under this section is a Class A misdemeanor.

  9. Tex. Local Government Code Sec. 202.009. PENALTY: POSSESSION OF RECORD BY PRIVATE ENTITY.

Chapter 203

  1. Tex. Local Government Code Sec. 203.001. RECORDS MANAGEMENT OFFICER. Each elected county officer is the records management officer for the records of the officer's office.

  2. Tex. Local Government Code Sec. 203.002. DUTIES AND RESPONSIBILITIES OF ELECTED COUNTY OFFICERS AS RECORDS MANAGEMENT OFFICERS. The elected county officer shall:

  3. Tex. Local Government Code Sec. 203.003. DUTIES OF COMMISSIONERS COURT. The commissioners court of each county shall:

  4. Tex. Local Government Code Sec. 203.004. DIRECTOR AND LIBRARIAN. The director and librarian shall provide advice and assistance to records management officers in establishing records management programs and in carrying out the other requirements of this subtitle and rules adopted under it.

  5. Tex. Local Government Code Sec. 203.005. RECORDS MANAGEMENT PROGRAM TO BE ESTABLISHED.

  6. Tex. Local Government Code Sec. 203.021. DUTIES AND RESPONSIBILITIES OF GOVERNING BODY. The governing body of a local government, including a commissioners court with regard to nonelective county offices, shall:

  7. Tex. Local Government Code Sec. 203.022. DUTIES AND RESPONSIBILITIES OF CUSTODIANS.

  8. Tex. Local Government Code Sec. 203.023. DUTIES OF RECORDS MANAGEMENT OFFICER. The records management officer in each local government shall:

  9. Tex. Local Government Code Sec. 203.024. DIRECTOR AND LIBRARIAN. The director and librarian shall provide advice and assistance to governing bodies, custodians, and records management officers in establishing records management programs and in carrying out the other requirements of this subtitle and rules adopted under it.

  10. Tex. Local Government Code Sec. 203.025. DESIGNATION OF RECORDS MANAGEMENT OFFICER.

  11. Tex. Local Government Code Sec. 203.026. RECORDS MANAGEMENT PROGRAM TO BE ESTABLISHED.

  12. Tex. Local Government Code Sec. 203.041. PREPARATION OF RECORDS CONTROL SCHEDULES.

  13. Tex. Local Government Code Sec. 203.042. RETENTION PERIODS.

  14. Tex. Local Government Code Sec. 203.044. INITIAL DESTRUCTION OF OBSOLETE RECORDS.

  15. Tex. Local Government Code Sec. 203.046. RECORDKEEPING REQUIREMENTS. As the governing body may require, the records management officer shall keep accurate lists of records destroyed, their volume, and other information of records management activities.

  16. Tex. Local Government Code Sec. 203.047. NEW LOCAL GOVERNMENTS. A local government established after September 1, 1989, shall fulfill the requirements of Sections 203.025, 203.026, and 203.041 within one year after the date of its establishment.

  17. Tex. Local Government Code Sec. 203.048. CARE OF RECORDS OF PERMANENT VALUE. The commission shall adopt rules establishing standards for the proper care and storage of local government records of permanent value. The commission may require that certain local government records of permanent value be created on permanent-durable paper, the standards for which shall be established by rule. The rules must be approved as required by Section 441.165, Government Code.

  18. Tex. Local Government Code Sec. 203.049. TRANSFER OF RECORDS OF PERMANENT VALUE.

  19. Tex. Local Government Code Sec. 203.050. INSPECTION OF PERMANENT RECORDS.

  20. Tex. Local Government Code Sec. 203.061. APPLICABILITY OF SUBCHAPTER. This subchapter applies only to a special purpose district described by Section 403.0241(b), Government Code.

  21. Tex. Local Government Code Sec. 203.062. PROVISION OF CERTAIN RECORDS AND OTHER INFORMATION TO COMPTROLLER.

  22. Tex. Local Government Code Sec. 203.063. PENALTIES FOR NONCOMPLIANCE.

Chapter 204

  1. Tex. Local Government Code Sec. 204.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 204.002. AUTHORIZATION. Any local government record may be maintained on microfilm in addition to or instead of paper or other media, subject to the requirements of this chapter and rules adopted under it.

  3. Tex. Local Government Code Sec. 204.003. MICROFILM PRODUCED UNDER PRIOR LAW.

  4. Tex. Local Government Code Sec. 204.004. STANDARDS AND PROCEDURES.

  5. Tex. Local Government Code Sec. 204.005. RULES TO BE UPDATED. The director and librarian shall monitor standards relating to microfilming developed for use by federal agencies or adopted by national organizations that develop and set standards in the fields of information and records management in order to recommend to the commission any needed amendments to rules.

  6. Tex. Local Government Code Sec. 204.006. INDEXING. An index to a microfilm record must show the same information that may be required by state law for an index to the same record if it is not microfilmed.

  7. Tex. Local Government Code Sec. 204.007. DESTRUCTION OF ORIGINAL RECORDS.

  8. Tex. Local Government Code Sec. 204.009. MICROFILM OF PERMANENT RECORDS TO BE SUPPLIED.

  9. Tex. Local Government Code Sec. 204.010. COMMERCIAL MICROFILM STORAGE FACILITIES.

  10. Tex. Local Government Code Sec. 204.011. EFFECTIVE AS ORIGINAL RECORD.

Chapter 205

  1. Tex. Local Government Code Sec. 205.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 205.002. AUTHORIZATION. Any local government record data may be stored electronically in addition to or instead of source documents in paper or other media, subject to the requirements of this chapter and rules adopted under it.

  3. Tex. Local Government Code Sec. 205.003. STANDARDS AND PROCEDURES TO BE ADOPTED.

  4. Tex. Local Government Code Sec. 205.004. RULES TO BE UPDATED. The director and librarian shall monitor standards and procedures relating to electronic storage developed for use by federal agencies or adopted by national organizations that develop and set standards in the fields of records and information management in order to recommend to the commission any needed amendments to rules.

  5. Tex. Local Government Code Sec. 205.005. SUPREME COURT RULES. This chapter is not intended to conflict with Subchapter I, Chapter 51, Government Code, relating to the electronic filing of certain documents in district and county courts. The commission shall incorporate any rules adopted under that subchapter into its own.

  6. Tex. Local Government Code Sec. 205.006. INDEX. An index to local government record data stored electronically must provide the same information that may be required by state law for an index to the source document, if applicable.

  7. Tex. Local Government Code Sec. 205.008. DESTRUCTION OF SOURCE DOCUMENTS.

  8. Tex. Local Government Code Sec. 205.009. DENIAL OF ACCESS PROHIBITED. A person under contract or agreement with a local government or elected county officer to create, file, or store local government record data electronically or to provide services, equipment, or the means for the creation, filing, or storage, may not, under any circumstances, refuse to provide local government record data to the local government in a timely manner in a format accessible and useable by the local government.

  9. Tex. Local Government Code Sec. 205.010. SECURITY BREACH NOTIFICATION BY LOCAL GOVERNMENT.

Chapter 211

  1. Tex. Local Government Code Sec. 211.001. PURPOSE. The powers granted under this subchapter are for the purpose of promoting the public health, safety, morals, or general welfare and protecting and preserving places and areas of historical, cultural, or architectural importance and significance.

  2. Tex. Local Government Code Sec. 211.0011. ZONING REGULATION OF MIXED-USE RESIDENTIAL AND MULTIFAMILY RESIDENTIAL USE AND DEVELOPMENT.

  3. Tex. Local Government Code Sec. 211.002. ADOPTION OF REGULATION OR BOUNDARY INCLUDES AMENDMENT OR OTHER CHANGE. A reference in this subchapter to the adoption of a zoning regulation or a zoning district boundary includes the amendment, repeal, or other change of a regulation or boundary.

  4. Tex. Local Government Code Sec. 211.003. ZONING REGULATIONS GENERALLY.

  5. Tex. Local Government Code Sec. 211.0035. ZONING REGULATIONS AND DISTRICT BOUNDARIES APPLICABLE TO PAWNSHOPS.

  6. Tex. Local Government Code Sec. 211.004. COMPLIANCE WITH COMPREHENSIVE PLAN.

  7. Tex. Local Government Code Sec. 211.005. DISTRICTS.

  8. Tex. Local Government Code Sec. 211.006. PROCEDURES GOVERNING ADOPTION OF ZONING REGULATIONS AND DISTRICT BOUNDARIES.

  9. Tex. Local Government Code Sec. 211.0061. PROTEST PROCEDURES FOR CERTAIN PROPOSED CHANGES.

  10. Tex. Local Government Code Sec. 211.0063. NOTICE FOR PROPOSED COMPREHENSIVE ZONING CHANGES. The notices described by Section 211.006(a) or 211.007(d), as applicable, and Section 211.006(a-1) are the only notices required for a proposed comprehensive zoning change.

  11. Tex. Local Government Code Sec. 211.0065. PRESUMPTION OF VALIDITY FOR CERTAIN CHANGES TO ZONING REGULATIONS OR DISTRICT BOUNDARIES. A change to a zoning regulation or district boundary that has the effect of allowing more residential development than the previous regulation is conclusively presumed valid and to have occurred in accordance with all applicable statutes and ordinances if an action to annul or invalidate the change has not been filed before the 60th day after the effective date of the change.

  12. Tex. Local Government Code Sec. 211.007. ZONING COMMISSION.

  13. Tex. Local Government Code Sec. 211.0073. NOTICE SIGN REQUIREMENT FOR CERTAIN ZONING CHANGES IN HOME-RULE MUNICIPALITIES.

  14. Tex. Local Government Code Sec. 211.0075. COMPLIANCE WITH OPEN MEETINGS LAW. A board or commission established by an ordinance or resolution adopted by the governing body of a municipality to assist the governing body in developing an initial comprehensive zoning plan or initial zoning regulations for the municipality, or a committee of the board or commission that includes one or more members of the board or commission, is subject to Chapter 551, Government Code, regardless of whether the board, commission, or committee has rulemaking or quasi-judicial powers or functions only in an advisory capacity.

  15. Tex. Local Government Code Sec. 211.008. BOARD OF ADJUSTMENT.

  16. Tex. Local Government Code Sec. 211.009. AUTHORITY OF BOARD.

  17. Tex. Local Government Code Sec. 211.010. APPEAL TO BOARD.

  18. Tex. Local Government Code Sec. 211.011. JUDICIAL REVIEW OF BOARD DECISION.

  19. Tex. Local Government Code Sec. 211.012. ENFORCEMENT; PENALTY; REMEDIES.

  20. Tex. Local Government Code Sec. 211.013. CONFLICT WITH OTHER LAWS; EXCEPTIONS.

  21. Tex. Local Government Code Sec. 211.014. PANEL OF BOARD OF ADJUSTMENT.

  22. Tex. Local Government Code Sec. 211.015. ZONING REFERENDUM IN HOME-RULE MUNICIPALITY.

  23. Tex. Local Government Code Sec. 211.016. ZONING REGULATION AFFECTING APPEARANCE OF BUILDINGS OR OPEN SPACE.

  24. Tex. Local Government Code Sec. 211.0165. DESIGNATION OF HISTORIC LANDMARK OR DISTRICT.

  25. Tex. Local Government Code Sec. 211.0166. EXCLUSION FROM CERTAIN CONSERVATION DISTRICTS.

  26. Tex. Local Government Code Sec. 211.017. CONTINUATION OF LAND USE IN NEWLY INCORPORATED AREAS.

  27. Tex. Local Government Code Sec. 211.018. CONTINUATION OF LAND USE REGARDING MANUFACTURED HOME COMMUNITIES.

  28. Tex. Local Government Code Sec. 211.019. NONCONFORMING LAND USE.

  29. Tex. Local Government Code Sec. 211.020. ELECTRONIC DELIVERY OF NOTICE.

  30. Tex. Local Government Code Sec. 211.021. ADDITIONAL ZONING REGULATIONS.

  31. Tex. Local Government Code Sec. 211.031. DEFINITIONS. In this subchapter, "cottage food production operation" and "home" have the meanings assigned by Section 437.001, Health and Safety Code.

  32. Tex. Local Government Code Sec. 211.032. CERTAIN ZONING REGULATIONS PROHIBITED. A municipal zoning ordinance may not prohibit the use of a home for cottage food production operations.

  33. Tex. Local Government Code Sec. 211.033. ACTION FOR NUISANCE OR OTHER TORT. This subchapter does not affect the right of a person to bring a cause of action under other law against an individual for nuisance or another tort arising out of the individual's use of the individual's home for cottage food production operations.

  34. Tex. Local Government Code Sec. 211.051. DEFINITIONS. In this subchapter:

  35. Tex. Local Government Code Sec. 211.052. APPLICABILITY. This subchapter applies only to a home-rule municipality with a population of less than 250,000:

  36. Tex. Local Government Code Sec. 211.053. DWELLING UNIT OCCUPANCY REQUIREMENTS.

  37. Tex. Local Government Code Sec. 211.054. NO EFFECT ON OTHER ZONING AUTHORITY. This subchapter does not prohibit a municipality from imposing a limit on the number of people who may occupy a dwelling unit based on health and safety standards contained in:

  38. Tex. Local Government Code Sec. 211.055. LEASE REVIEW PROHIBITED. A municipality may not require a real estate broker, agent, or other third party fiduciary to submit for review or provide access to a lease or related document to determine the number of unrelated occupants of a dwelling unit for the purpose of enforcing a dwelling unit occupancy requirement.

  39. Tex. Local Government Code Sec. 211.056. NO EFFECT ON PROPERTY OWNERS' ASSOCIATIONS AND OTHER PRIVATE AGREEMENTS. This subchapter does not prohibit a property owner from enforcing rules or deed restrictions imposed by a property owners' association or by other private agreement.

  40. Tex. Local Government Code Sec. 211.057. CIVIL ACTION.

  41. Tex. Local Government Code Sec. 211.058. ACTION.

Chapter 212

  1. Tex. Local Government Code Sec. 212.001. DEFINITIONS. In this subchapter:

  2. Tex. Local Government Code Sec. 212.0015. CONSTRUCTION OF SUBCHAPTER. This subchapter may not be construed to restrict a municipality from establishing a submittal calendar to be used by an applicant to facilitate compliance with the approval process described by Sections 212.009, 212.0091, 212.0093, and 212.0095.

  3. Tex. Local Government Code Sec. 212.002. RULES. After a public hearing on the matter, the governing body of a municipality may adopt rules governing plats and subdivisions of land within the municipality's jurisdiction to promote the health, safety, morals, or general welfare of the municipality and the safe, orderly, and healthful development of the municipality.

  4. Tex. Local Government Code Sec. 212.0021. SUBDIVISION REQUIREMENTS. The governing body of a municipality, by ordinance and after notice is published in a newspaper of general circulation in the municipality, may:

  5. Tex. Local Government Code Sec. 212.0025. CHAPTER-WIDE PROVISION RELATING TO REGULATION OF PLATS AND SUBDIVISIONS IN EXTRATERRITORIAL JURISDICTION. The authority of a municipality under this chapter relating to the regulation of plats or subdivisions in the municipality's extraterritorial jurisdiction is subject to any applicable limitation prescribed by an agreement under Section 242.001.

  6. Tex. Local Government Code Sec. 212.003. EXTENSION OF RULES TO EXTRATERRITORIAL JURISDICTION.

  7. Tex. Local Government Code Sec. 212.004. PLAT REQUIRED.

  8. Tex. Local Government Code Sec. 212.0045. EXCEPTION TO PLAT REQUIREMENT: MUNICIPAL DETERMINATION.

  9. Tex. Local Government Code Sec. 212.0046. EXCEPTION TO PLAT REQUIREMENT: CERTAIN PROPERTY ABUTTING AIRCRAFT RUNWAY. An owner of a tract of land is not required to prepare a plat if the land:

  10. Tex. Local Government Code Sec. 212.005. APPROVAL BY MUNICIPALITY REQUIRED.

  11. Tex. Local Government Code Sec. 212.006. AUTHORITY RESPONSIBLE FOR APPROVAL GENERALLY.

  12. Tex. Local Government Code Sec. 212.0065. DELEGATION OF APPROVAL RESPONSIBILITY.

  13. Tex. Local Government Code Sec. 212.007. AUTHORITY RESPONSIBLE FOR APPROVAL: TRACT IN EXTRATERRITORIAL JURISDICTION OF MORE THAN ONE MUNICIPALITY.

  14. Tex. Local Government Code Sec. 212.008. APPLICATION FOR APPROVAL. A person desiring approval of a plat must apply to and file a copy of the plat with the municipal planning commission or, if the municipality has no planning commission, the governing body of the municipality.

  15. Tex. Local Government Code Sec. 212.0081. REQUIRED APPLICATION MATERIALS.

  16. Tex. Local Government Code Sec. 212.0085. APPROVAL PROCEDURE: APPLICABILITY. The approval procedures under this subchapter apply to a municipality regardless of whether the municipality has entered into an interlocal agreement, including an interlocal agreement between a municipality and county under Section 242.001(d).

  17. Tex. Local Government Code Sec. 212.009. APPROVAL PROCEDURE: INITIAL APPROVAL.

  18. Tex. Local Government Code Sec. 212.0091. APPROVAL PROCEDURE: CONDITIONAL APPROVAL OR DISAPPROVAL REQUIREMENTS.

  19. Tex. Local Government Code Sec. 212.0093. APPROVAL PROCEDURE: APPLICANT RESPONSE TO CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional approval or disapproval of a plat under Section 212.0091, the applicant may submit to the municipal authority or governing body that conditionally approved or disapproved the plat a written response that satisfies each condition for the conditional approval or remedies each reason for disapproval provided. The municipal authority or governing body may not establish a deadline for an applicant to submit the response.

  20. Tex. Local Government Code Sec. 212.0095. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL OF RESPONSE.

  21. Tex. Local Government Code Sec. 212.0096. APPROVAL PROCEDURE: ALTERNATIVE APPROVAL PROCESS.

  22. Tex. Local Government Code Sec. 212.0097. APPROVAL PROCEDURE: WAIVER PROHIBITED. A municipal authority responsible for approving plats or the governing body of a municipality may not request or require an applicant to waive a deadline or other approval procedure under this subchapter.

  23. Tex. Local Government Code Sec. 212.0099. JUDICIAL REVIEW OF DISAPPROVAL. In a legal action challenging a disapproval of a plat under this subchapter, the municipality has the burden of proving by clear and convincing evidence that the disapproval meets the requirements of this subchapter or any applicable case law. The court may not use a deferential standard.

  24. Tex. Local Government Code Sec. 212.010. STANDARDS FOR APPROVAL.

  25. Tex. Local Government Code Sec. 212.0101. ADDITIONAL REQUIREMENTS: USE OF GROUNDWATER.

  26. Tex. Local Government Code Sec. 212.0105. WATER AND SEWER REQUIREMENTS IN CERTAIN COUNTIES.

  27. Tex. Local Government Code Sec. 212.0106. BOND REQUIREMENTS AND OTHER FINANCIAL GUARANTEES IN CERTAIN COUNTIES.

  28. Tex. Local Government Code Sec. 212.011. EFFECT OF APPROVAL ON DEDICATION.

  29. Tex. Local Government Code Sec. 212.0115. CERTIFICATION REGARDING COMPLIANCE WITH PLAT REQUIREMENTS.

  30. Tex. Local Government Code Sec. 212.012. CONNECTION OF UTILITIES.

  31. Tex. Local Government Code Sec. 212.013. VACATING PLAT.

  32. Tex. Local Government Code Sec. 212.014. REPLATTING WITHOUT VACATING PRECEDING PLAT. A replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat if the replat:

  33. Tex. Local Government Code Sec. 212.0145. REPLATTING WITHOUT VACATING PRECEDING PLAT: CERTAIN SUBDIVISIONS.

  34. Tex. Local Government Code Sec. 212.0146. REPLATTING WITHOUT VACATING PRECEDING PLAT: CERTAIN MUNICIPALITIES.

  35. Tex. Local Government Code Sec. 212.015. ADDITIONAL REQUIREMENTS FOR CERTAIN REPLATS.

  36. Tex. Local Government Code Sec. 212.0155. ADDITIONAL REQUIREMENTS FOR CERTAIN REPLATS AFFECTING A SUBDIVISION GOLF COURSE.

  37. Tex. Local Government Code Sec. 212.016. AMENDING PLAT.

  38. Tex. Local Government Code Sec. 212.017. CONFLICT OF INTEREST; PENALTY.

  39. Tex. Local Government Code Sec. 212.0175. ENFORCEMENT IN CERTAIN COUNTIES; PENALTY.

  40. Tex. Local Government Code Sec. 212.018. ENFORCEMENT IN GENERAL.

  41. Tex. Local Government Code Sec. 212.041. MUNICIPALITY COVERED BY SUBCHAPTER. This subchapter applies only to a municipality whose governing body chooses by ordinance to be covered by this subchapter or chose by ordinance to be covered by the law codified by this subchapter.

  42. Tex. Local Government Code Sec. 212.042. APPLICATION OF SUBCHAPTER A. The provisions of Subchapter A that do not conflict with this subchapter apply to development plats.

  43. Tex. Local Government Code Sec. 212.043. DEFINITIONS. In this subchapter:

  44. Tex. Local Government Code Sec. 212.044. PLANS, RULES, AND ORDINANCES. After a public hearing on the matter, the municipality may adopt general plans, rules, or ordinances governing development plats of land within the limits and in the extraterritorial jurisdiction of the municipality to promote the health, safety, morals, or general welfare of the municipality and the safe, orderly, and healthful development of the municipality.

  45. Tex. Local Government Code Sec. 212.045. DEVELOPMENT PLAT REQUIRED.

  46. Tex. Local Government Code Sec. 212.046. RESTRICTION ON ISSUANCE OF BUILDING AND OTHER PERMITS BY MUNICIPALITY, COUNTY, OR OFFICIAL OF OTHER GOVERNMENTAL ENTITY. The municipality, a county, or an official of another governmental entity may not issue a building permit or any other type of permit for development on lots or tracts subject to this subchapter until a development plat is filed with and approved by the municipality in accordance with Section 212.047.

  47. Tex. Local Government Code Sec. 212.047. APPROVAL OF DEVELOPMENT PLAT. The municipality shall endorse approval on a development plat filed with it if the plat conforms to:

  48. Tex. Local Government Code Sec. 212.048. EFFECT OF APPROVAL ON DEDICATION. The approval of a development plat is not considered an acceptance of any proposed dedication for public use or use by persons other than the owner of the property covered by the plat and does not impose on the municipality any duty regarding the maintenance or improvement of any purportedly dedicated parts until the municipality's governing body makes an actual appropriation of the dedicated parts by formal acceptance, entry, use, or improvement.

  49. Tex. Local Government Code Sec. 212.049. BUILDING PERMITS IN EXTRATERRITORIAL JURISDICTION. This subchapter does not authorize the municipality to require municipal building permits or otherwise enforce the municipality's building code in its extraterritorial jurisdiction.

  50. Tex. Local Government Code Sec. 212.050. ENFORCEMENT; PENALTY.

  51. Tex. Local Government Code Sec. 212.071. DEVELOPER PARTICIPATION CONTRACT. Without complying with the competitive sealed bidding procedure of Chapter 252, a municipality with 5,000 or more inhabitants may make a contract with a developer of a subdivision or land in the municipality to construct public improvements, not including a building, related to the development. If the contract does not meet the requirements of this subchapter, Chapter 252 applies to the contract if the contract would otherwise be governed by that chapter.

  52. Tex. Local Government Code Sec. 212.072. DUTIES OF PARTIES UNDER CONTRACT.

  53. Tex. Local Government Code Sec. 212.073. PERFORMANCE BOND. The developer must execute a performance bond for the construction of the improvements to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253, Government Code.

  54. Tex. Local Government Code Sec. 212.074. ADDITIONAL SAFEGUARDS; INSPECTION OF RECORDS.

  55. Tex. Local Government Code Sec. 212.101. APPLICATION OF SUBCHAPTER TO CERTAIN HOME-RULE MUNICIPALITY. This subchapter applies only to a home-rule municipality that:

  56. Tex. Local Government Code Sec. 212.102. DEFINITIONS. In this subchapter:

  57. Tex. Local Government Code Sec. 212.103. TRAFFIC OR TRAFFIC OPERATIONS.

  58. Tex. Local Government Code Sec. 212.104. PROVISION NOT ENFORCEABLE. A provision in a covenant or agreement relating to land in an affected area that would have the effect of denying, limiting, delaying, or conditioning the use or development of the land because of its effect on traffic or traffic operations may not be enforced by a municipality.

  59. Tex. Local Government Code Sec. 212.105. SUBCHAPTER CONTROLS. This subchapter controls over any other law relating to municipal regulation of land use or development based on traffic.

  60. Tex. Local Government Code Sec. 212.131. DEFINITIONS. In this subchapter:

  61. Tex. Local Government Code Sec. 212.132. APPLICABILITY. This subchapter applies only to a moratorium imposed on property development affecting only residential property, commercial property, or both residential and commercial property.

  62. Tex. Local Government Code Sec. 212.133. PROCEDURE FOR ADOPTING MORATORIUM. A municipality may not adopt a moratorium on property development unless the municipality:

  63. Tex. Local Government Code Sec. 212.134. NOTICE AND PUBLIC HEARING REQUIREMENTS.

  64. Tex. Local Government Code Sec. 212.135. JUSTIFICATION FOR MORATORIUM: SHORTAGE OF ESSENTIAL PUBLIC FACILITIES; WRITTEN FINDINGS REQUIRED.

  65. Tex. Local Government Code Sec. 212.1351. JUSTIFICATION FOR MORATORIUM: SIGNIFICANT NEED FOR PUBLIC FACILITIES; WRITTEN FINDINGS REQUIRED.

  66. Tex. Local Government Code Sec. 212.1352. JUSTIFICATION FOR COMMERCIAL MORATORIUM IN CERTAIN CIRCUMSTANCES; WRITTEN FINDINGS REQUIRED.

  67. Tex. Local Government Code Sec. 212.1361. NOTICE FOR EXTENSION REQUIRED. A municipality proposing an extension of a moratorium under this subchapter must publish notice in a newspaper of general circulation in the municipality not later than the 15th day before the date of the hearing required by this subchapter.

  68. Tex. Local Government Code Sec. 212.1362. EXPIRATION OF MORATORIUM; EXTENSION.

  69. Tex. Local Government Code Sec. 212.137. WAIVER PROCEDURES REQUIRED.

  70. Tex. Local Government Code Sec. 212.138. EFFECT ON OTHER LAW. A moratorium adopted under this subchapter does not affect the rights acquired under Chapter 245 or common law.

  71. Tex. Local Government Code Sec. 212.139. LIMITATION ON MORATORIUM.

  72. Tex. Local Government Code Sec. 212.151. MUNICIPALITY COVERED BY SUBCHAPTER. This subchapter applies only to a municipality:

  73. Tex. Local Government Code Sec. 212.152. DEFINITION. In this subchapter, "restriction" means a land-use regulation that:

  74. Tex. Local Government Code Sec. 212.153. SUIT TO ENFORCE RESTRICTIONS.

  75. Tex. Local Government Code Sec. 212.1535. FORECLOSURE BY PROPERTY OWNERS' ASSOCIATION.

  76. Tex. Local Government Code Sec. 212.154. LIMITATION ON ENFORCEMENT. A restriction contained in a plan, plat, or other instrument that was properly recorded before August 30, 1965, may be enforced as provided by Section 212.153, but a violation of a restriction that occurred before that date may not be enjoined or abated by the municipality as long as the nature of the violation remains unchanged.

  77. Tex. Local Government Code Sec. 212.155. NOTICE TO PURCHASERS.

  78. Tex. Local Government Code Sec. 212.156. ENFORCEMENT BY ORDINANCE; CIVIL PENALTY.

  79. Tex. Local Government Code Sec. 212.157. GOVERNMENTAL FUNCTION. An action filed by a municipality under this subchapter to enforce a land use restriction is a governmental function of the municipality.

  80. Tex. Local Government Code Sec. 212.158. EFFECT ON OTHER LAW. This subchapter does not prohibit the exhibition, play, or necessary incidental action thereto of a sweepstakes not prohibited by Chapter 622, Business & Commerce Code.

  81. Tex. Local Government Code Sec. 212.171. APPLICABILITY. This subchapter does not apply to land located in the extraterritorial jurisdiction of a municipality with a population of 1.9 million or more.

  82. Tex. Local Government Code Sec. 212.172. DEVELOPMENT AGREEMENT.

  83. Tex. Local Government Code Sec. 212.173. CERTAIN COASTAL AREAS. This subchapter does not apply to, limit, or otherwise affect any ordinance, order, rule, plan, or standard adopted by this state or a state agency, county, municipality, or other political subdivision of this state under the federal Coastal Zone Management Act of 1972 (16 U.S.C. Section 1451 et seq.), and its subsequent amendments, or Subtitle E, Title 2, Natural Resources Code.

  84. Tex. Local Government Code Sec. 212.174. MUNICIPAL UTILITIES. A municipality may not require a contract as a condition for providing water, sewer, electricity, gas, or other utility service from a municipally owned or municipally operated utility that provides any of those services.

  85. Tex. Local Government Code Sec. 212.201. DEFINITIONS. In this subchapter:

  86. Tex. Local Government Code Sec. 212.202. APPLICABILITY. This subchapter applies only to a municipality with a population of more than 800,000.

  87. Tex. Local Government Code Sec. 212.203. CONSTRUCTION. This subchapter may not be construed to prohibit a municipality from requiring by ordinance a landowner to dedicate a portion of the landowner's property for parkland use, impose a parkland dedication fee, or both require the dedication and impose the fee for the development of single-family or two-family uses.

  88. Tex. Local Government Code Sec. 212.204. EXCLUSIVE AUTHORITY; LIMITATION.

  89. Tex. Local Government Code Sec. 212.205. PARKLAND DEDICATION, FEE, OR COMBINATION.

  90. Tex. Local Government Code Sec. 212.206. REQUEST FOR PARKLAND DEDICATION DETERMINATION.

  91. Tex. Local Government Code Sec. 212.207. PARKLAND DEDICATION AUTHORITY.

  92. Tex. Local Government Code Sec. 212.208. LIMITATION ON PARKLAND DEDICATION AMOUNT. A municipality may not require a landowner to dedicate as parkland under this subchapter more than 10 percent, without adjustment or disqualification for impairment, of the gross site area of the land subject to a plan application.

  93. Tex. Local Government Code Sec. 212.209. INITIAL REQUIREMENTS FOR DETERMINING FEES.

  94. Tex. Local Government Code Sec. 212.210. GENERAL REQUIREMENTS FOR CALCULATION OF FEES.

  95. Tex. Local Government Code Sec. 212.211. REQUIREMENTS CALCULATION OF FEES FOR MUNICIPALITIES WITH LOW FEES.

  96. Tex. Local Government Code Sec. 212.212. COLLECTION OF FEES. A municipality shall provide a landowner a written determination of fees owed under this subchapter before approving a plan application but may only collect a fee authorized under this subchapter as a precondition to the issuance of a final certificate of occupancy.

  97. Tex. Local Government Code Sec. 212.213. APPEAL.

  98. Tex. Local Government Code Sec. 212.301. APPLICABILITY.

  99. Tex. Local Government Code Sec. 212.302. ADMINISTRATIVE DETERMINATION.

  100. Tex. Local Government Code Sec. 212.303. PUBLIC HEARING.

  101. Tex. Local Government Code Sec. 212.304. NOTICE OF HEARING.

  102. Tex. Local Government Code Sec. 212.305. JUDICIAL REVIEW.

  103. Tex. Local Government Code Sec. 212.306. CIVIL ACTION FOR RECEIVERSHIP.

  104. Tex. Local Government Code Sec. 212.307. AUTHORITY AND DUTY OF RECEIVER.

  105. Tex. Local Government Code Sec. 212.308. SALE OF PROPERTY.

  106. Tex. Local Government Code Sec. 212.901. DEVELOPER REQUIRED TO PROVIDE SURETY.

  107. Tex. Local Government Code Sec. 212.902. SCHOOL DISTRICT AND OPEN-ENROLLMENT CHARTER SCHOOL LAND DEVELOPMENT STANDARDS.

  108. Tex. Local Government Code Sec. 212.903. CONSTRUCTION AND RENOVATION WORK ON COUNTY-OWNED BUILDINGS OR FACILITIES IN CERTAIN COUNTIES.

  109. Tex. Local Government Code Sec. 212.904. APPORTIONMENT OF MUNICIPAL INFRASTRUCTURE COSTS.

  110. Tex. Local Government Code Sec. 212.905. REGULATION OF TREE REMOVAL.

  111. Tex. Local Government Code Sec. 212.906. CERTAIN VALUE-BASED FEES AND DISCLOSURE OF CERTAIN INFORMATION PROHIBITED.

Chapter 213

  1. Tex. Local Government Code Sec. 213.001. PURPOSE. The powers granted under this chapter are for the purpose of promoting sound development of municipalities and promoting public health, safety, and welfare.

  2. Tex. Local Government Code Sec. 213.002. COMPREHENSIVE PLAN.

  3. Tex. Local Government Code Sec. 213.003. ADOPTION OR AMENDMENT OF COMPREHENSIVE PLAN.

  4. Tex. Local Government Code Sec. 213.004. EFFECT ON OTHER MUNICIPAL PLANS. This chapter does not limit the ability of a municipality to prepare other plans, policies, or strategies as required.

  5. Tex. Local Government Code Sec. 213.005. NOTATION ON MAP OF COMPREHENSIVE PLAN. A map of a comprehensive plan illustrating future land use shall contain the following clearly visible statement: "A comprehensive plan shall not constitute zoning regulations or establish zoning district boundaries."

Chapter 214

  1. Tex. Local Government Code Sec. 214.001. AUTHORITY REGARDING SUBSTANDARD BUILDING.

  2. Tex. Local Government Code Sec. 214.0011. ADDITIONAL AUTHORITY TO SECURE SUBSTANDARD BUILDING.

  3. Tex. Local Government Code Sec. 214.00111. ADDITIONAL AUTHORITY TO PRESERVE SUBSTANDARD BUILDING AS HISTORIC PROPERTY.

  4. Tex. Local Government Code Sec. 214.0012. JUDICIAL REVIEW.

  5. Tex. Local Government Code Sec. 214.0015. ADDITIONAL AUTHORITY REGARDING SUBSTANDARD BUILDING.

  6. Tex. Local Government Code Sec. 214.002. REQUIRING REPAIR, REMOVAL, OR DEMOLITION OF BUILDING OR OTHER STRUCTURE.

  7. Tex. Local Government Code Sec. 214.003. RECEIVER.

  8. Tex. Local Government Code Sec. 214.0031. ADDITIONAL AUTHORITY TO APPOINT RECEIVER FOR HAZARDOUS PROPERTIES.

  9. Tex. Local Government Code Sec. 214.004. SEIZURE AND SALE OF PROPERTY TO RECOVER EXPENSES. A Type A general-law municipality or home-rule municipality may foreclose a lien on property under this subchapter:

  10. Tex. Local Government Code Sec. 214.005. PROPERTY BID OFF TO MUNICIPALITY. A municipality may adopt an ordinance under Section 214.001(a) that applies to property that has been bid off to the municipality under Section 34.01(j), Tax Code.

  11. Tex. Local Government Code Sec. 214.011. PLUMBING INSPECTOR.

  12. Tex. Local Government Code Sec. 214.012. SEWERS AND PLUMBING. A municipality that has underground sewers or cesspools shall regulate by ordinance:

  13. Tex. Local Government Code Sec. 214.013. SEWER CONNECTIONS.

  14. Tex. Local Government Code Sec. 214.014. DRAINS, SINKS, AND PRIVIES.

  15. Tex. Local Government Code Sec. 214.015. SEIZURE AND SALE OF PROPERTY TO RECOVER EXPENSES. A home-rule municipality or Type A general-law municipality may foreclose a lien on property under this subchapter in a proceeding relating to the property brought under Subchapter E, Chapter 33, Tax Code.

  16. Tex. Local Government Code Sec. 214.101. AUTHORITY REGARDING SWIMMING POOL ENCLOSURES.

  17. Tex. Local Government Code Sec. 214.102. SEIZURE AND SALE OF PROPERTY TO RECOVER EXPENSES. A municipality may foreclose a lien on property under this subchapter in a proceeding relating to the property brought under Subchapter E, Chapter 33, Tax Code.

  18. Tex. Local Government Code Sec. 214.103. INTERNATIONAL SWIMMING POOL AND SPA CODE.

  19. Tex. Local Government Code Sec. 214.131. DEFINITIONS. In this subchapter:

  20. Tex. Local Government Code Sec. 214.132. BUILDING LINES AUTHORIZED. The governing body of a municipality may, by resolution or ordinance, establish a building line on a street in the municipality.

  21. Tex. Local Government Code Sec. 214.133. ACTIVITY PROHIBITED WITHIN BUILDING LINE. In the area between a street and a building line established under this subchapter for the street, the erection, re-erection, reconstruction, or substantial repair of a structure is prohibited.

  22. Tex. Local Government Code Sec. 214.134. RESOLUTION OR ORDINANCE.

  23. Tex. Local Government Code Sec. 214.135. CONDEMNATION OF EASEMENTS AND INTERESTS; ASSESSMENTS.

  24. Tex. Local Government Code Sec. 214.136. CONDEMNATION OF PROPERTY.

  25. Tex. Local Government Code Sec. 214.161. MUNICIPALITY COVERED BY SUBCHAPTER. This subchapter applies only to a municipality with a population of more than 1.18 million located primarily in a county with a population of 2.5 million or more.

  26. Tex. Local Government Code Sec. 214.162. DEFINITIONS. In this subchapter:

  27. Tex. Local Government Code Sec. 214.163. PERMIT APPLICATION REQUIREMENTS; ISSUANCE OF PERMIT.

  28. Tex. Local Government Code Sec. 214.164. FILING OF PLAT AND RESTRICTIONS; EFFECT ON PERMIT.

  29. Tex. Local Government Code Sec. 214.165. REPAIRS; CONVERSIONS.

  30. Tex. Local Government Code Sec. 214.166. INJUNCTION.

  31. Tex. Local Government Code Sec. 214.167. REVIEW OF REFUSAL TO ISSUE PERMIT.

  32. Tex. Local Government Code Sec. 214.168. VOID PERMITS. A commercial permit obtained without full compliance with this subchapter is void.

  33. Tex. Local Government Code Sec. 214.191. DEFINITIONS. In this subchapter:

  34. Tex. Local Government Code Sec. 214.1915. APPLICABILITY. This subchapter applies only to a municipality with a population of less than 100,000 that is located wholly in a county with a population of less than 500,000.

  35. Tex. Local Government Code Sec. 214.192. CATEGORIES OF ALARM SYSTEMS. The category of alarm system to be regulated is burglary.

  36. Tex. Local Government Code Sec. 214.193. DURATION OF MUNICIPAL PERMIT.

  37. Tex. Local Government Code Sec. 214.194. MUNICIPAL PERMIT FEE GENERALLY.

  38. Tex. Local Government Code Sec. 214.195. NONRENEWAL OR REVOCATION OF PERMIT AND TERMINATION OF MUNICIPAL RESPONSE; DISCRIMINATION PROHIBITED.

  39. Tex. Local Government Code Sec. 214.1955. MULTIUNIT HOUSING FACILITIES.

  40. Tex. Local Government Code Sec. 214.196. ON-SITE INSPECTION REQUIRED. A municipality may not consider a false alarm to have occurred unless a response is made by an agency of the municipality within 30 minutes of the alarm notification and the agency determines from an inspection of the interior or exterior of the premises that the alarm was false.

  41. Tex. Local Government Code Sec. 214.197. PENALTIES FOR FALSE ALARMS. A municipality may impose a penalty for the signaling of a false alarm by a burglar alarm system if at least three other false alarms have occurred during the preceding 12-month period. The amount of the penalty for the signaling of a false alarm as described by Section 214.196 may not exceed:

  42. Tex. Local Government Code Sec. 214.198. VERIFICATION. A municipality may require an alarm systems monitor to attempt to contact the occupant of the alarm system location twice before the municipality responds to the alarm signal.

  43. Tex. Local Government Code Sec. 214.199. EXCEPTION OF MUNICIPALITY FROM ALARM SYSTEM RESPONSE.

  44. Tex. Local Government Code Sec. 214.200. PRIORITY OR LEVEL OF RESPONSE NOT AFFECTED; LIABILITY OF MUNICIPALITY FOR NONRESPONSE.

  45. Tex. Local Government Code Sec. 214.201. DEFINITIONS. In this subchapter:

  46. Tex. Local Government Code Sec. 214.2015. APPLICABILITY. This subchapter does not apply to a municipality to which Subchapter F applies.

  47. Tex. Local Government Code Sec. 214.202. CATEGORIES OF ALARM SYSTEMS. The category of alarm system to be regulated is burglary.

  48. Tex. Local Government Code Sec. 214.203. DURATION OF MUNICIPAL PERMIT.

  49. Tex. Local Government Code Sec. 214.204. MUNICIPAL PERMIT FEE GENERALLY.

  50. Tex. Local Government Code Sec. 214.205. NONRENEWAL OR REVOCATION OF PERMIT; TERMINATION OF MUNICIPAL RESPONSE; DISCRIMINATION PROHIBITED.

  51. Tex. Local Government Code Sec. 214.2055. MULTIUNIT HOUSING FACILITIES.

  52. Tex. Local Government Code Sec. 214.206. ON-SITE INSPECTION REQUIRED. A municipality may not consider a false alarm to have occurred unless a response is made by an agency of the municipality within a reasonable time and the agency determines from an inspection of the interior or exterior of the premises that the alarm report by an alarm systems monitor was false.

  53. Tex. Local Government Code Sec. 214.207. PENALTIES FOR FALSE ALARMS.

  54. Tex. Local Government Code Sec. 214.208. PROCEDURES FOR REDUCING FALSE ALARMS. A municipality may require an alarm systems monitor to attempt to contact the occupant of the alarm system location twice before the municipality responds to the alarm signal.

  55. Tex. Local Government Code Sec. 214.209. EXCEPTION OF MUNICIPALITY FROM ALARM SYSTEM RESPONSE.

  56. Tex. Local Government Code Sec. 214.210. PRIORITY OR LEVEL OF RESPONSE NOT AFFECTED; LIABILITY OF MUNICIPALITY FOR NONRESPONSE.

  57. Tex. Local Government Code Sec. 214.2105. EXCLUSION OF CERTAIN ALARM SYSTEMS BY OWNER.

  58. Tex. Local Government Code Sec. 214.211. DEFINITIONS. In this subchapter:

  59. Tex. Local Government Code Sec. 214.212. INTERNATIONAL RESIDENTIAL CODE.

  60. Tex. Local Government Code Sec. 214.213. EXCEPTIONS.

  61. Tex. Local Government Code Sec. 214.214. NATIONAL ELECTRICAL CODE.

  62. Tex. Local Government Code Sec. 214.215. ADOPTION OF REHABILITATION CODES OR PROVISIONS.

  63. Tex. Local Government Code Sec. 214.216. INTERNATIONAL BUILDING CODE.

  64. Tex. Local Government Code Sec. 214.217. NOTICE REGARDING MODEL CODE ADOPTION OR AMENDMENT IN CERTAIN MUNICIPALITIES.

  65. Tex. Local Government Code Sec. 214.218. IMMEDIATE EFFECT OF CERTAIN CODES OR PROVISIONS DELAYED.

  66. Tex. Local Government Code Sec. 214.219. MINIMUM HABITABILITY STANDARDS FOR MULTI-FAMILY RENTAL BUILDINGS IN CERTAIN MUNICIPALITIES.

  67. Tex. Local Government Code Sec. 214.220. INSPECTION DURING DECLARED DISASTER.

  68. Tex. Local Government Code Sec. 214.221. REGULATION OF SOLAR PERGOLAS. A municipality may not apply a municipal building code to the construction of a solar pergola.

  69. Tex. Local Government Code Sec. 214.231. DEFINITIONS. In this subchapter:

  70. Tex. Local Government Code Sec. 214.232. PRESUMPTION OF VACANCY. A building is presumed to be vacant under this subchapter if:

  71. Tex. Local Government Code Sec. 214.233. REGISTRATION.

  72. Tex. Local Government Code Sec. 214.234. FORM. An ordinance adopted under this subchapter may require a designated municipal official to adopt a form for registration. The form adopted may require the disclosure of information reasonably necessary for the municipality to minimize the threat to health, safety, and welfare that a vacant building may present to the public.

  73. Tex. Local Government Code Sec. 214.301. PERMITTED REGULATION OF APARTMENT BUILDING STAIRWAY REQUIREMENTS.

  74. Tex. Local Government Code Sec. 214.901. ENERGY CONSERVATION. A home-rule municipality may require that the construction of buildings comply with the energy conservation standards in the municipal building code.

  75. Tex. Local Government Code Sec. 214.902. RENT CONTROL.

  76. Tex. Local Government Code Sec. 214.903. FAIR HOUSING ORDINANCES.

  77. Tex. Local Government Code Sec. 214.904. TIME FOR ISSUANCE OF MUNICIPAL BUILDING PERMIT.

  78. Tex. Local Government Code Sec. 214.905. PROHIBITION OF CERTAIN MUNICIPAL REQUIREMENTS REGARDING SALES OF HOUSING UNITS OR RESIDENTIAL LOTS.

  79. Tex. Local Government Code Sec. 214.906. REGULATION OF MANUFACTURED HOME COMMUNITIES.

  80. Tex. Local Government Code Sec. 214.907. PROHIBITION ON CERTAIN VALUE-BASED BUILDING PERMIT AND INSPECTION FEES.

  81. Tex. Local Government Code Sec. 214.908. REAUTHORIZATION OF BUILDING PERMIT FEES.

  82. Tex. Local Government Code Sec. 214.909. DOCUMENT VERIFYING CERTIFICATE OF OCCUPANCY.

Chapter 215

  1. Tex. Local Government Code Sec. 215.002. MOTOR VEHICLES AND ACCESSORIES.

  2. Tex. Local Government Code Sec. 215.003. RENDERING PLANTS. To protect residents of a municipality from health hazards related to unsanitary conditions that may exist in connection with rendering plants, the municipality by ordinance may regulate the equipment and manner of operation of rendering plants located within the limits of the municipality or within one mile of the limits.

  3. Tex. Local Government Code Sec. 215.004. TAXICABS AND LIMOUSINES.

  4. Tex. Local Government Code Sec. 215.006. CHURCH PROVIDING OVERNIGHT SHELTER.

  5. Tex. Local Government Code Sec. 215.007. SUSPENSION OR REVOCATION OF HOTEL CERTIFICATE OF OCCUPANCY.

  6. Tex. Local Government Code Sec. 215.021. MUNICIPALITY COVERED BY SUBCHAPTER. This subchapter applies only to a Type A general-law municipality.

  7. Tex. Local Government Code Sec. 215.022. BREAD. The governing body of the municipality may regulate the weight and quality of bread to be sold or used within the municipality.

  8. Tex. Local Government Code Sec. 215.023. BUTCHERS. The governing body of the municipality may adopt any rules relating to butchers that the governing body considers necessary and proper.

  9. Tex. Local Government Code Sec. 215.024. TANNERIES; STABLES; SLAUGHTERHOUSES; OTHER BUSINESSES.

  10. Tex. Local Government Code Sec. 215.025. ANIMAL DRIVES. The governing body of the municipality may prohibit or otherwise regulate the driving of cattle, horses, or other animals in the municipality.

  11. Tex. Local Government Code Sec. 215.026. ANIMALS AT LARGE.

  12. Tex. Local Government Code Sec. 215.027. BREEDING ANIMALS. The governing body of the municipality by ordinance may prohibit a person from keeping a jack, bull, or stallion in the municipality for breeding purposes.

  13. Tex. Local Government Code Sec. 215.028. MARKETS.

  14. Tex. Local Government Code Sec. 215.029. DRIVERS; PORTERS.

  15. Tex. Local Government Code Sec. 215.030. MESSENGERS. The governing body of the municipality may license, restrain, or otherwise regulate messengers for railroads, stages, or public houses.

  16. Tex. Local Government Code Sec. 215.031. HAWKERS; PEDDLERS; PAWNBROKERS. The governing body of the municipality may license, tax, suppress, prevent, or otherwise regulate:

  17. Tex. Local Government Code Sec. 215.032. EXHIBITIONS; SHOWS; AMUSEMENTS.

  18. Tex. Local Government Code Sec. 215.033. LICENSES; FEES.

  19. Tex. Local Government Code Sec. 215.034. SUSPENSION OR REVOCATION OF OCCUPATION LICENSE.

  20. Tex. Local Government Code Sec. 215.051. MUNICIPALITY COVERED BY SUBCHAPTER. This subchapter applies only to a Type B general-law municipality.

  21. Tex. Local Government Code Sec. 215.052. MARKETS. The governing body of the municipality may establish markets.

  22. Tex. Local Government Code Sec. 215.071. MUNICIPALITY COVERED BY SUBCHAPTER. This subchapter applies only to a home-rule municipality.

  23. Tex. Local Government Code Sec. 215.072. DAIRIES; SLAUGHTERHOUSES. The municipality may inspect dairies, slaughterhouses, or slaughter pens, in or outside the municipal limits, from which milk or meat is furnished to the residents of the municipality.

  24. Tex. Local Government Code Sec. 215.073. VEHICLES FOR HIRE. The municipality may license, fix the charges or fares made by, or otherwise regulate any person who owns, operates, or controls any type of vehicle used on the public streets or alleys of the municipality for carrying passengers or freight for compensation.

  25. Tex. Local Government Code Sec. 215.0735. OPERATORS OF VEHICLES. The municipality may prescribe the qualifications of an operator of a vehicle that uses the public streets in the municipality.

  26. Tex. Local Government Code Sec. 215.074. THEATERS; SHOWS; AMUSEMENTS. The municipality may regulate the location and conduct of:

  27. Tex. Local Government Code Sec. 215.075. POLICE POWER. The municipality may license any lawful business or occupation that is subject to the police power of the municipality.

Chapter 216

  1. Tex. Local Government Code Sec. 216.001. LEGISLATIVE INTENT.

  2. Tex. Local Government Code Sec. 216.002. DEFINITIONS. In this subchapter:

  3. Tex. Local Government Code Sec. 216.003. MUNICIPAL REGULATION.

  4. Tex. Local Government Code Sec. 216.0035. REGULATORY AUTHORITY NOT APPLICABLE TO ON-PREMISES SIGNS UNDER CERTAIN CIRCUMSTANCES. The authority granted to a municipality by this subchapter to require the relocation, reconstruction, or removal of signs does not apply to:

  5. Tex. Local Government Code Sec. 216.004. MUNICIPAL BOARD.

  6. Tex. Local Government Code Sec. 216.005. DETERMINATION OF AMOUNT OF COMPENSATION.

  7. Tex. Local Government Code Sec. 216.006. COMPENSATION FOR RELOCATED SIGN. The compensable costs for a sign that is required to be relocated include the expenses of dismantling the sign, transporting it to another site, and reerecting it. The board shall determine the compensable costs according to the standards applicable in a proceeding under Chapter 21, Property Code. In addition, the municipality shall issue to the owner of the sign an appropriate permit or other authority to operate a substitute sign of the same type at an alternative site of substantially equivalent value. Whether an alternative site is of substantially equivalent value is determined by standards generally accepted in the outdoor advertising industry, including visibility, traffic count, and demographic factors. The municipality shall compensate the owner for any increased operating costs, including increased rent, at the new location. The owner is responsible for designating an alternative site where the erection of the sign would be in compliance with the sign ordinance.

  8. Tex. Local Government Code Sec. 216.007. COMPENSATION FOR RECONSTRUCTED SIGN. The compensable costs for a sign that is required to be reconstructed include expenses of labor and materials and any loss in the value of the sign due to the reconstruction in excess of 15 percent of that value. The board shall determine the compensable costs according to standards applicable in a proceeding under Chapter 21, Property Code.

  9. Tex. Local Government Code Sec. 216.008. COMPENSATION FOR REMOVAL OF OFF-PREMISE SIGN.

  10. Tex. Local Government Code Sec. 216.009. COMPENSATION FOR REMOVAL OF ON-PREMISE SIGN. For an on-premise sign that is required to be removed, the compensable cost is an amount computed by determining a reasonable balance between the original cost of the sign, less depreciation, and the current replacement cost of the sign, less an adjustment for the present age and condition of the sign.

  11. Tex. Local Government Code Sec. 216.010. METHOD OF COMPENSATION.

  12. Tex. Local Government Code Sec. 216.011. TAX APPRAISAL OF PROPERTY WITH NONCONFORMING SIGN. For each nonconforming sign, the board shall file with the appropriate property tax appraisal office the board's compensable costs value appraisal of the sign. The appraisal office shall consider the board's appraisal when the office, for property tax purposes, determines the appraised value of the real property to which the sign is attached.

  13. Tex. Local Government Code Sec. 216.012. SPECIAL PROVISIONS FOR SIGNS UNDER SIGN ORDINANCE IN EFFECT ON JUNE 1, 1985.

  14. Tex. Local Government Code Sec. 216.013. EXCEPTIONS.

  15. Tex. Local Government Code Sec. 216.014. APPEAL.

  16. Tex. Local Government Code Sec. 216.015. EFFECT OF PARTIAL INVALIDITY.

  17. Tex. Local Government Code Sec. 216.901. REGULATION OF SIGNS BY HOME-RULE MUNICIPALITY.

  18. Tex. Local Government Code Sec. 216.902. REGULATION OF OUTDOOR SIGNS IN MUNICIPALITY'S EXTRATERRITORIAL JURISDICTION.

Chapter 217

  1. Tex. Local Government Code Sec. 217.001. MUNICIPALITY COVERED BY SUBCHAPTER. This subchapter applies only to a Type A general-law municipality.

  2. Tex. Local Government Code Sec. 217.002. NUISANCE. The governing body of the municipality may:

  3. Tex. Local Government Code Sec. 217.003. DISORDERLY CONDUCT.

  4. Tex. Local Government Code Sec. 217.021. MUNICIPALITY COVERED BY SUBCHAPTER. This subchapter applies only to a Type B general-law municipality.

  5. Tex. Local Government Code Sec. 217.022. NUISANCE. The governing body of the municipality shall prevent to the extent practicable any nuisance within the limits of the municipality and shall have each nuisance removed at the expense of the person who is responsible for the nuisance or who owns the property on which the nuisance exists.

  6. Tex. Local Government Code Sec. 217.041. MUNICIPALITY COVERED BY SUBCHAPTER. This subchapter applies only to a home-rule municipality.

  7. Tex. Local Government Code Sec. 217.042. NUISANCE.

Chapter 218

  1. Tex. Local Government Code Sec. 218.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 218.002. APPLICABILITY. This chapter applies only to a municipality with a population greater than 150,000 that is wholly or partly located in a county with a population greater than 300,000.

  3. Tex. Local Government Code Sec. 218.003. NO EFFECT ON OTHER RESTRICTIONS AND RULES. This chapter does not affect the authority of a municipality to:

  4. Tex. Local Government Code Sec. 218.101. MIXED-USE RESIDENTIAL AND MULTIFAMILY RESIDENTIAL USES ALLOWED.

  5. Tex. Local Government Code Sec. 218.102. REGULATION OF MIXED-USE RESIDENTIAL AND MULTIFAMILY RESIDENTIAL USE OR DEVELOPMENT.

  6. Tex. Local Government Code Sec. 218.201. DEFINITION. In this subchapter, "permit" has the meaning assigned by Section 245.001.

  7. Tex. Local Government Code Sec. 218.202. APPLICABILITY. This subchapter applies only to a building or the structural components of the building that:

  8. Tex. Local Government Code Sec. 218.203. CERTAIN REGULATIONS PROHIBITED. Notwithstanding any other law, a municipality may not, in connection with the use, development, construction, or occupancy of a building proposed to be converted to mixed-use residential or multifamily residential use, require:

  9. Tex. Local Government Code Sec. 218.204. IMPACT FEE PROHIBITED. Notwithstanding any other law, a municipality may not impose an impact fee, as defined by Section 395.001, on land where a building has been converted to mixed-use residential or multifamily residential use unless the land on which the building is located was already subject to an impact fee before a building permit related to the conversion was filed with the municipality.

  10. Tex. Local Government Code Sec. 218.301. CIVIL ACTION.

Chapter 229

  1. Tex. Local Government Code Sec. 229.001. FIREARMS; AIR GUNS; ARCHERY EQUIPMENT; KNIVES; EXPLOSIVES.

  2. Tex. Local Government Code Sec. 229.002. REGULATION OF DISCHARGE OF WEAPON. A municipality may not apply a regulation relating to the discharge of firearms or other weapons in the extraterritorial jurisdiction of the municipality or in an area annexed by the municipality after September 1, 1981, if the firearm or other weapon is:

  3. Tex. Local Government Code Sec. 229.003. REGULATION OF DISCHARGE OF WEAPON BY CERTAIN MUNICIPALITIES.

  4. Tex. Local Government Code Sec. 229.004. REGULATION OF DISCHARGE OF WEAPON BY CERTAIN MUNICIPALITIES.

  5. Tex. Local Government Code Sec. 229.051. DEFINITIONS. In this subchapter, "major astronomical observatory" and "outdoor lighting" have the meanings assigned by Section 240.031.

  6. Tex. Local Government Code Sec. 229.052. APPLICABILITY.

  7. Tex. Local Government Code Sec. 229.053. REGULATION OF OUTDOOR LIGHTING.

  8. Tex. Local Government Code Sec. 229.054. REGULATION OF SUBDIVISIONS.

  9. Tex. Local Government Code Sec. 229.055. ENFORCEMENT; PENALTY.

  10. Tex. Local Government Code Sec. 229.101. REGULATION OF SOLAR ENERGY DEVICES.

  11. Tex. Local Government Code Sec. 229.102. REGULATION OF RESIDENTIAL ENERGY BACKUP SYSTEMS.

  12. Tex. Local Government Code Sec. 229.901. AUTHORITY TO REGULATE ANIMAL BUSINESSES.

  13. Tex. Local Government Code Sec. 229.902. AUTHORITY TO REGULATE HOME-BASED BUSINESSES.

Chapter 231

  1. Tex. Local Government Code Sec. 231.001. ADOPTION OF REGULATION OR BOUNDARY INCLUDES AMENDMENT OR OTHER CHANGE. A reference in this chapter to the adoption of a zoning or other regulation or a zoning district boundary includes the amendment, repeal, or other change of a regulation or boundary.

  2. Tex. Local Government Code Sec. 231.011. LEGISLATIVE FINDINGS; PURPOSE.

  3. Tex. Local Government Code Sec. 231.012. AREAS SUBJECT TO REGULATION. This subchapter applies to the areas of Padre Island located in Cameron or Willacy County and located:

  4. Tex. Local Government Code Sec. 231.013. ZONING REGULATIONS GENERALLY. The commissioners court of Cameron County or of Willacy County may, for the areas subject to this subchapter in its respective county, regulate:

  5. Tex. Local Government Code Sec. 231.014. COMPLIANCE WITH COMPREHENSIVE PLAN. Zoning regulations must be adopted in accordance with a comprehensive plan and must be designed to:

  6. Tex. Local Government Code Sec. 231.015. DISTRICTS.

  7. Tex. Local Government Code Sec. 231.016. PROCEDURES GOVERNING ADOPTION OF REGULATIONS AND DISTRICT BOUNDARIES.

  8. Tex. Local Government Code Sec. 231.017. ZONING COMMISSION.

  9. Tex. Local Government Code Sec. 231.018. BOARD OF ADJUSTMENT.

  10. Tex. Local Government Code Sec. 231.019. AUTHORITY OF BOARD.

  11. Tex. Local Government Code Sec. 231.020. APPEAL TO BOARD.

  12. Tex. Local Government Code Sec. 231.021. JUDICIAL REVIEW OF BOARD DECISION.

  13. Tex. Local Government Code Sec. 231.022. ENFORCEMENT; PENALTY; REMEDIES.

  14. Tex. Local Government Code Sec. 231.023. CONFLICT WITH OTHER LAWS; EXCEPTIONS.

  15. Tex. Local Government Code Sec. 231.031. LEGISLATIVE FINDINGS; PURPOSE.

  16. Tex. Local Government Code Sec. 231.032. AREAS SUBJECT TO REGULATION. This subchapter applies to that part of Val Verde County on the lakeward side of the boundaries described by Section 2, Chapter 250, Acts of the 62nd Legislature, Regular Session, 1971. That description is continued in effect for the purpose of the reference made by this section.

  17. Tex. Local Government Code Sec. 231.033. ZONING REGULATIONS GENERALLY. The commissioners court of Val Verde County may regulate in areas subject to this subchapter:

  18. Tex. Local Government Code Sec. 231.034. COMPLIANCE WITH COMPREHENSIVE PLAN. Zoning regulations must be adopted in accordance with a comprehensive plan and must be designed to:

  19. Tex. Local Government Code Sec. 231.035. DISTRICTS.

  20. Tex. Local Government Code Sec. 231.036. ZONING COMMISSION.

  21. Tex. Local Government Code Sec. 231.037. PROCEDURE GOVERNING ADOPTION OF REGULATIONS AND DISTRICT BOUNDARIES.

  22. Tex. Local Government Code Sec. 231.038. SPECIAL EXCEPTION.

  23. Tex. Local Government Code Sec. 231.039. ENFORCEMENT; PENALTY; REMEDIES.

  24. Tex. Local Government Code Sec. 231.040. CONFLICT WITH OTHER LAWS; EXCEPTIONS.

  25. Tex. Local Government Code Sec. 231.051. DEFINITION. In this subchapter, "military establishment" means a base, camp, station, yard, or section base of the United States Navy or the United States Coast Guard.

  26. Tex. Local Government Code Sec. 231.052. ESTABLISHMENT OF MILITARY ZONE.

  27. Tex. Local Government Code Sec. 231.053. REGULATIONS.

  28. Tex. Local Government Code Sec. 231.054. PENALTY. A person commits an offense if the person violates a regulation adopted under this subchapter. An offense under this section is a misdemeanor punishable by a fine of not less than $100 or by confinement in county jail for a term of not less than 10 days or more than two years.

  29. Tex. Local Government Code Sec. 231.071. PURPOSE. The powers granted under this subchapter are for the purpose of protecting the public health, safety, welfare, and morals.

  30. Tex. Local Government Code Sec. 231.072. DEFINITIONS. In this subchapter:

  31. Tex. Local Government Code Sec. 231.073. LAKE COVERED BY SUBCHAPTER. This subchapter applies only to a lake that has a construction completion date after June 12, 1985.

  32. Tex. Local Government Code Sec. 231.074. ZONING AND BUILDING CONSTRUCTION ORDINANCES.

  33. Tex. Local Government Code Sec. 231.075. LOCAL OPTION ELECTION.

  34. Tex. Local Government Code Sec. 231.076. PETITION; VERIFICATION.

  35. Tex. Local Government Code Sec. 231.077. LAKE PLANNING COMMISSION.

  36. Tex. Local Government Code Sec. 231.078. COMMISSION DUTIES; RULES.

  37. Tex. Local Government Code Sec. 231.079. COMMISSION STUDIES; REPORTS; HEARINGS.

  38. Tex. Local Government Code Sec. 231.080. ADOPTION OF ORDINANCE AFTER RECEIPT OF REPORT. The commissioners court may adopt a proposed ordinance only after the court receives a lake planning commission's report prepared under Section 231.079 relating to the proposed ordinance.

  39. Tex. Local Government Code Sec. 231.081. SPECIAL EXCEPTIONS.

  40. Tex. Local Government Code Sec. 231.082. CONFLICT WITH OTHER ACTION. If an ordinance adopted under this subchapter conflicts with an action of a special-purpose district or authority that owns the lake or reservoir or an action of a municipality that applies to a lake area in the county, the municipal or special-purpose district action controls to the extent of the conflict.

  41. Tex. Local Government Code Sec. 231.083. ENFORCEMENT.

  42. Tex. Local Government Code Sec. 231.101. LEGISLATIVE FINDINGS; PURPOSE.

  43. Tex. Local Government Code Sec. 231.102. DEFINITION. In this subchapter "lake area" means the area within 5,000 feet of the project boundary line for Lake Tawakoni or Lake Ray Roberts, which is defined as the 447 foot elevation take line for Lake Tawakoni and the 645 foot elevation take line for Lake Ray Roberts.

  44. Tex. Local Government Code Sec. 231.103. LAKES COVERED BY SUBCHAPTER. This subchapter applies only to Lake Tawakoni and Lake Ray Roberts.

  45. Tex. Local Government Code Sec. 231.104. ZONING AND BUILDING CONSTRUCTION ORDINANCES.

  46. Tex. Local Government Code Sec. 231.105. LOCAL OPTION ELECTION.

  47. Tex. Local Government Code Sec. 231.106. PETITION; VERIFICATION.

  48. Tex. Local Government Code Sec. 231.107. LAKE PLANNING COMMISSION.

  49. Tex. Local Government Code Sec. 231.108. COMMISSION DUTIES; RULES.

  50. Tex. Local Government Code Sec. 231.109. COMMISSION STUDIES; REPORTS; HEARINGS.

  51. Tex. Local Government Code Sec. 231.110. ADOPTION OF ORDINANCE AFTER RECEIPT OF REPORT. The commissioners court may adopt a proposed ordinance only after the court receives the lake planning commission's report prepared under Section 231.109 relating to the proposed ordinance.

  52. Tex. Local Government Code Sec. 231.111. SPECIAL EXCEPTIONS.

  53. Tex. Local Government Code Sec. 231.112. CONFLICT BETWEEN ORDINANCES. If an ordinance adopted under this subchapter conflicts with an action of a municipality that applies to any part of the lake area located in the county and the municipality, the municipal action controls to the extent of the conflict.

  54. Tex. Local Government Code Sec. 231.113. ENFORCEMENT.

  55. Tex. Local Government Code Sec. 231.131. LEGISLATIVE FINDINGS; PURPOSE.

  56. Tex. Local Government Code Sec. 231.132. AREAS SUBJECT TO REGULATION.

  57. Tex. Local Government Code Sec. 231.133. ZONING REGULATIONS GENERALLY.

  58. Tex. Local Government Code Sec. 231.134. COMPLIANCE WITH COMPREHENSIVE PLAN. Zoning regulations must be adopted in accordance with a comprehensive plan and must be designed to:

  59. Tex. Local Government Code Sec. 231.135. DISTRICTS.

  60. Tex. Local Government Code Sec. 231.136. ZONING COMMISSION.

  61. Tex. Local Government Code Sec. 231.137. PROCEDURE GOVERNING ADOPTION OF REGULATIONS AND DISTRICT BOUNDARIES.

  62. Tex. Local Government Code Sec. 231.138. SPECIAL EXCEPTION.

  63. Tex. Local Government Code Sec. 231.139. ENFORCEMENT; PENALTY; REMEDIES.

  64. Tex. Local Government Code Sec. 231.140. CONFLICT WITH OTHER LAWS; EXCEPTIONS.

  65. Tex. Local Government Code Sec. 231.141. REGULATION OF SAM WAHL RECREATION AREA.

  66. Tex. Local Government Code Sec. 231.171. LEGISLATIVE FINDINGS; PURPOSE.

  67. Tex. Local Government Code Sec. 231.172. AREA SUBJECT TO REGULATION. This subchapter applies to the area of land in El Paso County, to be known as the El Paso Mission Trail Historical Area, described by Section 2, House Bill No. 2561, Acts of the 72nd Legislature, Regular Session, 1991.

  68. Tex. Local Government Code Sec. 231.173. ZONING AND OTHER REGULATIONS GENERALLY. The commissioners court of El Paso County may regulate in the El Paso Mission Trail Historical Area:

  69. Tex. Local Government Code Sec. 231.174. COMPLIANCE WITH COMPREHENSIVE PLAN. The regulations must be adopted in accordance with a comprehensive plan and must be designed to:

  70. Tex. Local Government Code Sec. 231.175. DISTRICTS.

  71. Tex. Local Government Code Sec. 231.176. COMMISSION.

  72. Tex. Local Government Code Sec. 231.177. PROCEDURES GOVERNING ADOPTION OF REGULATIONS AND DISTRICT BOUNDARIES.

  73. Tex. Local Government Code Sec. 231.178. BOARD OF ADJUSTMENT.

  74. Tex. Local Government Code Sec. 231.179. AUTHORITY OF BOARD.

  75. Tex. Local Government Code Sec. 231.180. APPEAL TO BOARD.

  76. Tex. Local Government Code Sec. 231.181. JUDICIAL REVIEW OF BOARD DECISION.

  77. Tex. Local Government Code Sec. 231.182. ENFORCEMENT; PENALTY; REMEDIES.

  78. Tex. Local Government Code Sec. 231.183. CONFLICT WITH OTHER LAWS; EXCEPTIONS.

  79. Tex. Local Government Code Sec. 231.201. DEFINITIONS. In this subchapter:

  80. Tex. Local Government Code Sec. 231.202. LAKE SOMERVILLE PLANNING COMMISSION.

  81. Tex. Local Government Code Sec. 231.203. COMMISSION STUDIES; REPORTS; HEARINGS.

  82. Tex. Local Government Code Sec. 231.221. LEGISLATIVE FINDINGS; PURPOSE.

  83. Tex. Local Government Code Sec. 231.222. AREAS SUBJECT TO REGULATION. This subchapter applies only to the unincorporated areas of Hood County.

  84. Tex. Local Government Code Sec. 231.223. DEVELOPMENT REGULATIONS GENERALLY. The Commissioners Court of Hood County may regulate:

  85. Tex. Local Government Code Sec. 231.224. COMPLIANCE WITH COUNTY PLAN. Development regulations must be:

  86. Tex. Local Government Code Sec. 231.225. DISTRICTS.

  87. Tex. Local Government Code Sec. 231.226. PROCEDURE GOVERNING ADOPTION OF REGULATIONS AND DISTRICT BOUNDARIES.

  88. Tex. Local Government Code Sec. 231.227. DEVELOPMENT COMMISSION.

  89. Tex. Local Government Code Sec. 231.228. SPECIAL EXCEPTION.

  90. Tex. Local Government Code Sec. 231.229. ENFORCEMENT; PENALTY.

  91. Tex. Local Government Code Sec. 231.230. COOPERATION WITH MUNICIPALITIES. The commissioners court by order may enter into agreements with any municipality located in the county to assist in the implementation and enforcement of development regulations adopted under this subchapter.

  92. Tex. Local Government Code Sec. 231.231. CONFLICT WITH OTHER LAWS. If a development regulation adopted under this subchapter imposes higher standards than those required under another statute or local order or regulation, the regulation adopted under this subchapter controls. If the other statute or local order or regulation imposes higher standards, that statute, order, or regulation controls.

  93. Tex. Local Government Code Sec. 231.251. LEGISLATIVE FINDINGS; PURPOSE.

  94. Tex. Local Government Code Sec. 231.252. AREAS SUBJECT TO REGULATION. This subchapter applies only to the unincorporated area of counties exercising the powers of a Type A municipality located within 25,000 feet of:

  95. Tex. Local Government Code Sec. 231.253. FALCON LAKE PLANNING COMMISSION.

  96. Tex. Local Government Code Sec. 231.254. COMMISSION STUDY AND REPORT; HEARING.

  97. Tex. Local Government Code Sec. 231.255. ZONING REGULATIONS. After receiving a report from the lake planning commission under Section 231.254, the commissioners court of Zapata County may adopt zoning regulations for the area subject to this subchapter and in accordance with the report that regulate:

  98. Tex. Local Government Code Sec. 231.256. DISTRICTS.

  99. Tex. Local Government Code Sec. 231.257. ENFORCEMENT; PENALTY; REMEDIES.

  100. Tex. Local Government Code Sec. 231.281. DEFINITIONS. In this subchapter, "cottage food production operation" and "home" have the meanings assigned by Section 437.001, Health and Safety Code.

  101. Tex. Local Government Code Sec. 231.282. CERTAIN ZONING REGULATIONS PROHIBITED. A county zoning ordinance may not prohibit the use of a home for cottage food production operations.

  102. Tex. Local Government Code Sec. 231.283. ACTION FOR NUISANCE OR OTHER TORT. This subchapter does not affect the right of a person to bring a cause of action under other law against an individual for nuisance or another tort arising out of the individual's use of the individual's home for cottage food production operations.

Chapter 232

  1. Tex. Local Government Code Sec. 232.001. PLAT REQUIRED.

  2. Tex. Local Government Code Sec. 232.0012. CONSTRUCTION OF SUBCHAPTER. This subchapter may not be construed to restrict a county from establishing a submittal calendar to be used by an applicant to facilitate compliance with the approval process described by Sections 232.0025, 232.0026, 232.0027, and 232.0028.

  3. Tex. Local Government Code Sec. 232.0013. CHAPTER-WIDE PROVISION RELATING TO REGULATION OF PLATS AND SUBDIVISIONS IN EXTRATERRITORIAL JURISDICTION. The authority of a county under this chapter relating to the regulation of plats or subdivisions in the extraterritorial jurisdiction of a municipality is subject to any applicable limitation prescribed by an agreement under Section 242.001 or by Section 242.002.

  4. Tex. Local Government Code Sec. 232.0015. EXCEPTIONS TO PLAT REQUIREMENT.

  5. Tex. Local Government Code Sec. 232.002. APPROVAL BY COUNTY REQUIRED.

  6. Tex. Local Government Code Sec. 232.0021. PLAT APPLICATION FEE.

  7. Tex. Local Government Code Sec. 232.0022. DELEGATION OF APPROVAL RESPONSIBILITY.

  8. Tex. Local Government Code Sec. 232.0023. APPROVAL PROCEDURE: APPLICABILITY. The plat application approval procedures under this subchapter apply to a county regardless of whether the county has entered into an interlocal agreement, including an interlocal agreement between a municipality and county under Section 242.001(d).

  9. Tex. Local Government Code Sec. 232.0025. APPROVAL PROCEDURE: TIMELY APPROVAL OF PLATS.

  10. Tex. Local Government Code Sec. 232.0026. APPROVAL PROCEDURE: CONDITIONAL APPROVAL OR DISAPPROVAL REQUIREMENTS.

  11. Tex. Local Government Code Sec. 232.0027. APPROVAL PROCEDURE: APPLICANT RESPONSE TO CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional approval or disapproval of a plat application under Section 232.0026, the applicant may submit to the commissioners court or county authority responsible for approving plats that conditionally approved or disapproved the application a written response that satisfies each condition for the conditional approval or remedies each reason for disapproval provided. The commissioners court or county authority may not establish a deadline for an applicant to submit the response.

  12. Tex. Local Government Code Sec. 232.0028. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL OF RESPONSE.

  13. Tex. Local Government Code Sec. 232.00285. DEVELOPMENT PLAN REVIEW.

  14. Tex. Local Government Code Sec. 232.0029. JUDICIAL REVIEW OF DISAPPROVAL. In a legal action challenging a disapproval of a plat application under this subchapter, the county has the burden of proving by clear and convincing evidence that the disapproval meets the requirements of this subchapter or any applicable case law. The court may not use a deferential standard.

  15. Tex. Local Government Code Sec. 232.003. SUBDIVISION REQUIREMENTS. By an order adopted and entered in the minutes of the commissioners court, and after a notice is published in a newspaper of general circulation in the county, the commissioners court may:

  16. Tex. Local Government Code Sec. 232.0031. STANDARD FOR ROADS IN SUBDIVISION. A county may not impose under Section 232.003 a higher standard for streets or roads in a subdivision than the county imposes on itself for the construction of streets or roads with a similar type and amount of traffic.

  17. Tex. Local Government Code Sec. 232.0032. ADDITIONAL REQUIREMENTS: USE OF GROUNDWATER.

  18. Tex. Local Government Code Sec. 232.0033. ADDITIONAL REQUIREMENTS: FUTURE TRANSPORTATION CORRIDORS.

  19. Tex. Local Government Code Sec. 232.0034. ADDITIONAL REQUIREMENTS: ACCESS BY EMERGENCY VEHICLES.

  20. Tex. Local Government Code Sec. 232.004. BOND REQUIREMENTS. If the commissioners court requires the owner of the tract to execute a bond, the owner must do so before subdividing the tract unless an alternative financial guarantee is provided under Section 232.0045. The bond must:

  21. Tex. Local Government Code Sec. 232.0045. FINANCIAL GUARANTEE IN LIEU OF BOND.

  22. Tex. Local Government Code Sec. 232.0048. CONFLICT OF INTEREST; PENALTY.

  23. Tex. Local Government Code Sec. 232.005. ENFORCEMENT IN GENERAL; PENALTY.

  24. Tex. Local Government Code Sec. 232.006. EXCEPTIONS FOR POPULOUS COUNTIES OR CONTIGUOUS COUNTIES.

  25. Tex. Local Government Code Sec. 232.007. MANUFACTURED HOME RENTAL COMMUNITIES.

  26. Tex. Local Government Code Sec. 232.008. CANCELLATION OF SUBDIVISION.

  27. Tex. Local Government Code Sec. 232.0083. CANCELLATION OF CERTAIN SUBDIVISION PLATS IF EXISTING PLAT OBSOLETE.

  28. Tex. Local Government Code Sec. 232.0085. CANCELLATION OF CERTAIN SUBDIVISIONS IF LAND REMAINS UNDEVELOPED.

  29. Tex. Local Government Code Sec. 232.009. REVISION OF PLAT.

  30. Tex. Local Government Code Sec. 232.0095. ALTERNATIVE PROCEDURES FOR PLAT REVISION.

  31. Tex. Local Government Code Sec. 232.010. EXCEPTION TO PLAT REQUIREMENT: COUNTY DETERMINATION. A commissioners court of the county may allow conveyance of portions of one or more previously platted lots by metes and bounds description without revising the plat.

  32. Tex. Local Government Code Sec. 232.011. AMENDING PLAT.

  33. Tex. Local Government Code Sec. 232.021. DEFINITIONS. In this subchapter:

  34. Tex. Local Government Code Sec. 232.022. APPLICABILITY.

  35. Tex. Local Government Code Sec. 232.023. PLAT REQUIRED.

  36. Tex. Local Government Code Sec. 232.024. APPROVAL BY COUNTY REQUIRED.

  37. Tex. Local Government Code Sec. 232.025. SUBDIVISION REQUIREMENTS. By an order adopted and entered in the minutes of the commissioners court, and after a notice is published in English and Spanish in a newspaper of general circulation in the county, the commissioners court shall for each subdivision:

  38. Tex. Local Government Code Sec. 232.026. WATER AND SEWER SERVICE EXTENSION.

  39. Tex. Local Government Code Sec. 232.027. BOND REQUIREMENTS.

  40. Tex. Local Government Code Sec. 232.028. CERTIFICATION REGARDING COMPLIANCE WITH PLAT REQUIREMENTS.

  41. Tex. Local Government Code Sec. 232.029. CONNECTION OF UTILITIES IN COUNTIES WITHIN 50 MILES OF INTERNATIONAL BORDER.

  42. Tex. Local Government Code Sec. 232.0291. CONNECTION OF UTILITIES IN CERTAIN COUNTIES WITHIN 100 MILES OF INTERNATIONAL BORDER.

  43. Tex. Local Government Code Sec. 232.030. SUBDIVISION REGULATION; COUNTY AUTHORITY.

  44. Tex. Local Government Code Sec. 232.0305. COUNTY INSPECTOR.

  45. Tex. Local Government Code Sec. 232.031. REQUIREMENTS PRIOR TO SALE OR LEASE.

  46. Tex. Local Government Code Sec. 232.0315. NOTICE OF WATER AND WASTEWATER REQUIREMENTS BY POLITICAL SUBDIVISIONS.

  47. Tex. Local Government Code Sec. 232.032. SERVICES PROVIDED BY SUBDIVIDER. A subdivider having an approved plat for a subdivision shall:

  48. Tex. Local Government Code Sec. 232.033. ADVERTISING STANDARDS AND OTHER REQUIREMENTS BEFORE SALE; OFFENSE.

  49. Tex. Local Government Code Sec. 232.034. CONFLICT OF INTEREST; PENALTY.

  50. Tex. Local Government Code Sec. 232.035. CIVIL PENALTIES.

  51. Tex. Local Government Code Sec. 232.036. CRIMINAL PENALTIES.

  52. Tex. Local Government Code Sec. 232.037. ENFORCEMENT.

  53. Tex. Local Government Code Sec. 232.038. SUIT BY PRIVATE PERSON IN ECONOMICALLY DISTRESSED AREA.

  54. Tex. Local Government Code Sec. 232.039. CANCELLATION OF SUBDIVISION.

  55. Tex. Local Government Code Sec. 232.040. REPLATTING.

  56. Tex. Local Government Code Sec. 232.041. REVISION OF PLAT.

  57. Tex. Local Government Code Sec. 232.042. VARIANCES FROM REPLATTING REQUIREMENTS.

  58. Tex. Local Government Code Sec. 232.043. VARIANCES FROM PLATTING REQUIREMENTS.

  59. Tex. Local Government Code Sec. 232.044. AMENDING PLAT. The commissioners court may approve and issue an amending plat under this subchapter in the same manner, for the same purposes, and subject to the same related provisions as provided by Section 232.011.

  60. Tex. Local Government Code Sec. 232.045. APPLICABILITY OF INFRASTRUCTURE REQUIREMENTS TO LOTS UNDEVELOPED FOR 25 YEARS OR MORE.

  61. Tex. Local Government Code Sec. 232.071. APPLICABILITY. This subchapter applies only to the subdivision of land located:

  62. Tex. Local Government Code Sec. 232.072. PLAT REQUIRED.

  63. Tex. Local Government Code Sec. 232.073. APPROVAL BY COUNTY REQUIRED.

  64. Tex. Local Government Code Sec. 232.074. BOND REQUIREMENTS.

  65. Tex. Local Government Code Sec. 232.075. WATER AND SEWER SERVICE EXTENSION.

  66. Tex. Local Government Code Sec. 232.076. CERTIFICATION REGARDING COMPLIANCE WITH PLAT REQUIREMENTS.

  67. Tex. Local Government Code Sec. 232.077. CONNECTION OF UTILITIES IN CERTAIN COUNTIES.

  68. Tex. Local Government Code Sec. 232.0775. COUNTY INSPECTOR.

  69. Tex. Local Government Code Sec. 232.078. CONFLICT OF INTEREST; PENALTY.

  70. Tex. Local Government Code Sec. 232.079. CIVIL PENALTIES.

  71. Tex. Local Government Code Sec. 232.080. ENFORCEMENT.

  72. Tex. Local Government Code Sec. 232.081. AMENDING PLAT. The commissioners court may approve and issue an amending plat under this subchapter in the same manner, for the same purposes, and subject to the same related provisions as provided by Section 232.011.

  73. Tex. Local Government Code Sec. 232.091. APPLICABILITY. This subchapter applies only to a county:

  74. Tex. Local Government Code Sec. 232.092. ESTABLISHMENT AND ABOLITION OF PLANNING COMMISSION.

  75. Tex. Local Government Code Sec. 232.093. APPOINTMENT OF MEMBERS OF PLANNING COMMISSION.

  76. Tex. Local Government Code Sec. 232.094. FINANCIAL DISCLOSURE.

  77. Tex. Local Government Code Sec. 232.095. OFFICERS, QUORUM, AND MEETINGS.

  78. Tex. Local Government Code Sec. 232.096. TIMELY APPROVAL OF PLATS.

  79. Tex. Local Government Code Sec. 232.097. REASONS FOR DISAPPROVAL OF PLAT REQUIRED. If the planning commission refuses to approve a plat, the planning commission shall provide to the person requesting approval a notice specifying the reason for the disapproval.

  80. Tex. Local Government Code Sec. 232.101. RULES.

  81. Tex. Local Government Code Sec. 232.102. MAJOR THOROUGHFARE PLAN. By an order adopted and entered in the minutes of the commissioners court and after a notice is published in a newspaper of general circulation in the county, the commissioners court may:

  82. Tex. Local Government Code Sec. 232.103. LOT FRONTAGES. By an order adopted and entered in the minutes of the commissioners court and after a notice is published in a newspaper of general circulation in the county, the commissioners court may adopt reasonable standards for minimum lot frontages on existing county roads and establish reasonable standards for the lot frontages in relation to curves in the road.

  83. Tex. Local Government Code Sec. 232.104. SET-BACKS. By an order adopted and entered in the minutes of the commissioners court and after a notice is published in a newspaper of general circulation in the county, the commissioners court may establish reasonable building and set-back lines as provided by Chapter 233 without the limitation period provided by Section 233.004(c).

  84. Tex. Local Government Code Sec. 232.105. DEVELOPER PARTICIPATION CONTRACTS.

  85. Tex. Local Government Code Sec. 232.106. CONNECTION OF UTILITIES. By an order adopted and entered in the minutes of the commissioners court, and after a notice is published in a newspaper of general circulation in the county, the commissioners court may impose the requirements of Section 232.029 or 232.0291.

  86. Tex. Local Government Code Sec. 232.107. PROVISIONS CUMULATIVE. The authorities under this subchapter are cumulative of and in addition to the authorities granted under this chapter and all other laws to counties to regulate the subdivision of land.

  87. Tex. Local Government Code Sec. 232.108. PLAT REQUIREMENTS.

  88. Tex. Local Government Code Sec. 232.109. FIRE SUPPRESSION SYSTEM. In a subdivision that is not served by fire hydrants as part of a centralized water system certified by the Texas Commission on Environmental Quality as meeting minimum standards for water utility service, the commissioners court may require a limited fire suppression system that requires a developer to construct:

  89. Tex. Local Government Code Sec. 232.110. APPORTIONMENT OF COUNTY INFRASTRUCTURE COSTS.

  90. Tex. Local Government Code Sec. 232.151. APPLICABILITY. This subchapter applies to a county that:

  91. Tex. Local Government Code Sec. 232.152. ADMINISTRATIVE DETERMINATION.

  92. Tex. Local Government Code Sec. 232.153. PUBLIC HEARING.

  93. Tex. Local Government Code Sec. 232.154. NOTICE OF HEARING.

  94. Tex. Local Government Code Sec. 232.155. JUDICIAL REVIEW.

  95. Tex. Local Government Code Sec. 232.156. CIVIL ACTION FOR RECEIVERSHIP.

  96. Tex. Local Government Code Sec. 232.157. AUTHORITY AND DUTY OF RECEIVER.

  97. Tex. Local Government Code Sec. 232.158. SALE OF PROPERTY.

  98. Tex. Local Government Code Sec. 232.201. DEFINITIONS. In this subchapter:

  99. Tex. Local Government Code Sec. 232.202. APPLICABILITY.

  100. Tex. Local Government Code Sec. 232.203. PLAT REQUIRED.

  101. Tex. Local Government Code Sec. 232.204. EXCEPTIONS TO PLAT REQUIREMENT.

  102. Tex. Local Government Code Sec. 232.205. APPROVAL BY COUNTY REQUIRED.

  103. Tex. Local Government Code Sec. 232.206. DELEGATION OF APPROVAL RESPONSIBILITY.

  104. Tex. Local Government Code Sec. 232.207. SUBDIVISION REQUIREMENTS. By an order adopted and entered in the minutes of the commissioners court, and after a notice is published in English and Spanish in a newspaper of general circulation in the county, the commissioners court shall for each subdivision:

  105. Tex. Local Government Code Sec. 232.208. WATER AND SEWER SERVICE EXTENSION.

  106. Tex. Local Government Code Sec. 232.209. BOND REQUIREMENTS.

  107. Tex. Local Government Code Sec. 232.210. CERTIFICATION REGARDING COMPLIANCE WITH PLAT REQUIREMENTS.

  108. Tex. Local Government Code Sec. 232.211. CONNECTION OF UTILITIES.

  109. Tex. Local Government Code Sec. 232.212. SUBDIVISION REGULATION; COUNTY AUTHORITY.

  110. Tex. Local Government Code Sec. 232.213. COUNTY INSPECTOR.

  111. Tex. Local Government Code Sec. 232.214. REQUIREMENTS PRIOR TO SALE OR LEASE.

  112. Tex. Local Government Code Sec. 232.215. NOTICE OF WATER AND WASTEWATER REQUIREMENTS BY POLITICAL SUBDIVISIONS.

  113. Tex. Local Government Code Sec. 232.216. SERVICES PROVIDED BY SUBDIVIDER. A subdivider having an approved plat for a subdivision shall:

  114. Tex. Local Government Code Sec. 232.217. ADVERTISING STANDARDS AND OTHER REQUIREMENTS BEFORE SALE; OFFENSE.

  115. Tex. Local Government Code Sec. 232.218. CONFLICT OF INTEREST; PENALTY.

  116. Tex. Local Government Code Sec. 232.219. CIVIL PENALTIES.

  117. Tex. Local Government Code Sec. 232.220. CRIMINAL PENALTIES.

  118. Tex. Local Government Code Sec. 232.221. ENFORCEMENT.

  119. Tex. Local Government Code Sec. 232.222. SUIT BY PRIVATE PERSON IN ECONOMICALLY DISTRESSED AREA. A person who has purchased or is purchasing a lot after July 1, 1995, in a subdivision for residential purposes that does not have water and sewer services as required by this subchapter and is located in an economically distressed area, as defined by Section 17.921, Water Code, from a subdivider, may bring suit in the district court in which the property is located or in a district court in Travis County to:

  120. Tex. Local Government Code Sec. 232.223. CANCELLATION OF SUBDIVISION.

  121. Tex. Local Government Code Sec. 232.224. REPLATTING.

  122. Tex. Local Government Code Sec. 232.225. REVISION OF PLAT.

  123. Tex. Local Government Code Sec. 232.226. VARIANCES FROM REPLATTING REQUIREMENTS.

  124. Tex. Local Government Code Sec. 232.227. VARIANCES FROM PLATTING REQUIREMENTS.

  125. Tex. Local Government Code Sec. 232.228. AMENDING PLAT. The commissioners court may approve and issue an amending plat under this subchapter in the same manner, for the same purposes, and subject to the same related provisions as provided by Section 232.011.

  126. Tex. Local Government Code Sec. 232.229. APPLICABILITY OF INFRASTRUCTURE REQUIREMENTS TO LOTS UNDEVELOPED FOR 25 YEARS OR MORE.

  127. Tex. Local Government Code Sec. 232.901. CERTAIN VALUE-BASED FEES AND DISCLOSURE OF CERTAIN INFORMATION PROHIBITED.

Chapter 233

  1. Tex. Local Government Code Sec. 233.001. REQUIRING REPAIR, REMOVAL, OR DEMOLITION OF BUILDING OR OTHER STRUCTURE.

  2. Tex. Local Government Code Sec. 233.031. AUTHORITY LIMITED TO UNINCORPORATED AREAS; CONFLICT WITH MUNICIPAL AUTHORITY.

  3. Tex. Local Government Code Sec. 233.032. POWERS AND DUTIES OF COMMISSIONERS COURT.

  4. Tex. Local Government Code Sec. 233.033. HEARING; ADOPTION OF LINES.

  5. Tex. Local Government Code Sec. 233.034. NOTICE; LIMITATIONS PERIOD.

  6. Tex. Local Government Code Sec. 233.035. BOARD OF BUILDING LINE ADJUSTMENT.

  7. Tex. Local Government Code Sec. 233.036. ENFORCEMENT. If a structure is erected, constructed, or reconstructed in violation of a building or set-back line established under this subchapter, the commissioners court, the district or county attorney, or an owner of real property in the county may institute an injunction, mandamus, abatement, or other appropriate action to prevent, abate, remove, or enjoin the unlawful erection, construction, or reconstruction.

  8. Tex. Local Government Code Sec. 233.037. APPEAL.

  9. Tex. Local Government Code Sec. 233.061. AUTHORITY TO ADOPT AND ENFORCE FIRE CODE.

  10. Tex. Local Government Code Sec. 233.0615. DEFINITIONS; SUBSTANTIAL IMPROVEMENT; CONSTRUCTION.

  11. Tex. Local Government Code Sec. 233.062. APPLICATION AND CONTENT OF FIRE CODE.

  12. Tex. Local Government Code Sec. 233.063. BUILDING PERMIT; APPLICATION.

  13. Tex. Local Government Code Sec. 233.064. INSPECTIONS.

  14. Tex. Local Government Code Sec. 233.065. FEES.

  15. Tex. Local Government Code Sec. 233.066. INJUNCTION. The appropriate attorney representing the county in the district court may seek injunctive relief to prevent the violation or threatened violation of the fire code.

  16. Tex. Local Government Code Sec. 233.067. CIVIL PENALTY.

  17. Tex. Local Government Code Sec. 233.091. DEFINITIONS. In this subchapter:

  18. Tex. Local Government Code Sec. 233.092. AUTHORITY TO REGULATE; ADOPTION OF RULES.

  19. Tex. Local Government Code Sec. 233.093. PERMIT REQUIRED; EXCEPTIONS.

  20. Tex. Local Government Code Sec. 233.094. PERMIT FEES.

  21. Tex. Local Government Code Sec. 233.095. MUNICIPAL AUTHORITY UNAFFECTED. This subchapter does not affect the authority of a municipality in the county to enact ordinances regulating alarm systems.

  22. Tex. Local Government Code Sec. 233.096. CRIMINAL PENALTY.

  23. Tex. Local Government Code Sec. 233.097. COUNTY LIABILITY. The county, the commissioners court, the sheriff, and the sheriff's employees or agents are not liable for an action arising out of the regulation of or failure to regulate alarm systems.

  24. Tex. Local Government Code Sec. 233.098. ENFORCED COLLECTION. The appropriate attorney representing the county may file a civil action in a court of competent jurisdiction to recover a penalty or fee imposed by a county under this subchapter.

  25. Tex. Local Government Code Sec. 233.151. DEFINITIONS.

  26. Tex. Local Government Code Sec. 233.152. APPLICABILITY. This subchapter applies only to a county that has adopted a resolution or order requiring the application of the provisions of this subchapter and that:

  27. Tex. Local Government Code Sec. 233.153. BUILDING CODE STANDARDS APPLICABLE.

  28. Tex. Local Government Code Sec. 233.154. INSPECTION AND NOTICE REQUIREMENTS.

  29. Tex. Local Government Code Sec. 233.155. ENFORCEMENT OF STANDARDS.

  30. Tex. Local Government Code Sec. 233.156. EXISTING AUTHORITY UNAFFECTED. The authority granted by this subchapter does not affect the authority of a commissioners court to adopt an order under other law.

  31. Tex. Local Government Code Sec. 233.157. PENALTY.

  32. Tex. Local Government Code Sec. 233.901. TIME FOR ISSUANCE OF COUNTY BUILDING PERMIT.

Chapter 234

  1. Tex. Local Government Code Sec. 234.001. DEFINITIONS. In this subchapter:

  2. Tex. Local Government Code Sec. 234.002. AUTHORITY TO REGULATE; ADOPTION OF RULE.

  3. Tex. Local Government Code Sec. 234.003. EXCEPTIONS.

  4. Tex. Local Government Code Sec. 234.004. CIVIL PENALTY.

  5. Tex. Local Government Code Sec. 234.051. DEFINITIONS. In this subchapter:

  6. Tex. Local Government Code Sec. 234.052. APPLICABILITY. This subchapter applies only to a county with a population of 700,000 or more.

  7. Tex. Local Government Code Sec. 234.053. FACILITY INSPECTION REQUIRED BY MUNICIPALITY. A county health officer or official designated by the commissioners court may contract with a municipality for the county to conduct an inspection required by the municipality of a day-care center or group day-care home located in the municipality.

  8. Tex. Local Government Code Sec. 234.101. DEFINITIONS. In this subchapter:

  9. Tex. Local Government Code Sec. 234.102. AUTHORITY TO REGULATE. To promote public health, safety, and welfare, the commissioners court of a county by order may prohibit or otherwise regulate massage parlors located in the unincorporated area of the county.

  10. Tex. Local Government Code Sec. 234.103. INJUNCTION. If a massage parlor has previously violated a prohibition or other regulation adopted under this subchapter, a district or county attorney may bring suit to enjoin the operation of a massage parlor in violation or threatened violation of a prohibition or other regulation adopted under this subchapter.

  11. Tex. Local Government Code Sec. 234.104. CIVIL PENALTY.

  12. Tex. Local Government Code Sec. 234.105. CRIMINAL PENALTY.

  13. Tex. Local Government Code Sec. 234.106. CUMULATIVE EFFECT. Authority under this subchapter is cumulative of other authority that a county has to regulate massage parlors and does not limit that other authority.

  14. Tex. Local Government Code Sec. 234.107. EFFECT ON OTHER LAWS.

  15. Tex. Local Government Code Sec. 234.131. DEFINITIONS. In this subchapter:

  16. Tex. Local Government Code Sec. 234.133. AUTHORITY TO REGULATE. To promote the public health, safety, and welfare, the commissioners court of a county may regulate the operation of game rooms and may:

  17. Tex. Local Government Code Sec. 234.134. LICENSES OR PERMITS.

  18. Tex. Local Government Code Sec. 234.1341. APPLICATION FOR OWNER OR OPERATOR LICENSE OR PERMIT.

  19. Tex. Local Government Code Sec. 234.1342. APPLICATION FOR EMPLOYEE LICENSE OR PERMIT.

  20. Tex. Local Government Code Sec. 234.135. FEES. A county may impose a fee not to exceed $1,000 on an applicant for a license or permit or for the renewal of the license or permit required under this subchapter. The fee must be based on the cost of processing the application and investigating the applicant.

  21. Tex. Local Government Code Sec. 234.136. INSPECTION.

  22. Tex. Local Government Code Sec. 234.137. INJUNCTION; CIVIL PENALTY.

  23. Tex. Local Government Code Sec. 234.138. CRIMINAL PENALTY.

  24. Tex. Local Government Code Sec. 234.139. CUMULATIVE EFFECT. Authority under this subchapter is cumulative of other authority that a county has to regulate game rooms and does not limit that authority.

  25. Tex. Local Government Code Sec. 234.140. EFFECT ON OTHER LAWS.

Chapter 235

  1. Tex. Local Government Code Sec. 235.001. APPLICABILITY.

  2. Tex. Local Government Code Sec. 235.002. DEFINITIONS. In this subchapter:

  3. Tex. Local Government Code Sec. 235.003. AUTHORITY TO REGULATE; ADOPTION OF RULES.

  4. Tex. Local Government Code Sec. 235.004. PERMIT REQUIRED; EXCEPTION.

  5. Tex. Local Government Code Sec. 235.005. PERMIT FEES.

  6. Tex. Local Government Code Sec. 235.006. CRIMINAL PENALTY.

  7. Tex. Local Government Code Sec. 235.020. DEFINITION. In this subchapter, "air gun" has the meaning assigned by Section 229.001.

  8. Tex. Local Government Code Sec. 235.021. SUBDIVISIONS COVERED BY SUBCHAPTER. This subchapter applies only to a subdivision all or a part of which is located in the unincorporated area of a county and for which a plat is required to be prepared and filed under Chapter 232.

  9. Tex. Local Government Code Sec. 235.022. AUTHORITY TO REGULATE. To promote the public safety, the commissioners court of a county by order may prohibit or otherwise regulate the discharge of firearms and air guns on lots that are 10 acres or smaller and are located in the unincorporated area of the county in a subdivision.

  10. Tex. Local Government Code Sec. 235.023. PROHIBITED REGULATIONS. This subchapter does not authorize the commissioners court to:

  11. Tex. Local Government Code Sec. 235.024. INJUNCTION. Any person is entitled to appropriate injunctive relief to prevent a violation or threatened violation of a prohibition or other regulation adopted under this subchapter from continuing or occurring.

  12. Tex. Local Government Code Sec. 235.025. CRIMINAL PENALTY. A person commits an offense if the person intentionally or knowingly engages in conduct that is a violation of a regulation adopted under this subchapter by the commissioners court. An offense under this section is a Class C misdemeanor. If it is shown on the trial of an offense under this section that the person has previously been convicted of an offense under this section, the offense is a Class B misdemeanor.

  13. Tex. Local Government Code Sec. 235.041. SUBDIVISIONS COVERED BY SUBCHAPTER. This subchapter applies only to a subdivision all or a part of which is located in the unincorporated area of a county and for which a plat is required to be prepared and filed under Chapter 232.

  14. Tex. Local Government Code Sec. 235.042. AUTHORITY TO REGULATE.

  15. Tex. Local Government Code Sec. 235.043. PROHIBITED REGULATIONS. This subchapter does not authorize the commissioners court to regulate the transfer, ownership, possession, or transportation of bows and arrows and does not authorize the court to require the registration of bows and arrows.

  16. Tex. Local Government Code Sec. 235.044. INJUNCTION. Any person is entitled to appropriate injunctive relief to prevent a violation or threatened violation of a prohibition or other regulation adopted under this subchapter from continuing or occurring.

  17. Tex. Local Government Code Sec. 235.045. CRIMINAL PENALTY. A person commits an offense if the person intentionally or knowingly engages in conduct that is a violation of a regulation adopted under this subchapter by the commissioners court. An offense under this section is a Class C misdemeanor. If it is shown on the trial of an offense under this section that the person has previously been convicted of an offense under this section, the offense is a Class B misdemeanor.

Chapter 236

  1. Tex. Local Government Code Sec. 236.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 236.002. FIREARMS; AIR GUNS; ARCHERY EQUIPMENT; SPORT SHOOTING RANGE.

  3. Tex. Local Government Code Sec. 236.003. REGULATION OF OUTDOOR SPORT SHOOTING RANGE. Notwithstanding Section 236.002, a county may regulate the discharge of a firearm or air gun at an outdoor sport shooting range as provided by Subchapter B, Chapter 235.

Chapter 240

  1. Tex. Local Government Code Sec. 240.001. DEFINITION. In this subchapter, "wild animal" means a nondomestic animal that the commissioners court of a county determines is dangerous and is in need of control in that county.

  2. Tex. Local Government Code Sec. 240.002. REGULATION.

  3. Tex. Local Government Code Sec. 240.003. OFFENSE.

  4. Tex. Local Government Code Sec. 240.004. INJUNCTION. The county attorney or an attorney representing the county may file an action in a district court to enjoin a violation or threatened violation of an order adopted under this subchapter. The court may grant appropriate relief.

  5. Tex. Local Government Code Sec. 240.031. DEFINITIONS. In this subchapter:

  6. Tex. Local Government Code Sec. 240.032. COUNTY REGULATORY AUTHORITY; ADOPTION OF ORDERS.

  7. Tex. Local Government Code Sec. 240.0325. EXCEPTION FOR CERTAIN OUTDOOR LIGHTING. The commissioners court may not adopt an order under Section 240.032 regulating the installation and use of outdoor lighting that is located within five miles of a military installation, base, or camp located in the unincorporated area of a county and:

  8. Tex. Local Government Code Sec. 240.033. REGULATION OF SUBDIVISIONS.

  9. Tex. Local Government Code Sec. 240.034. EXEMPTION. This subchapter does not apply to outdoor lighting in existence or under construction on September 1, 1975.

  10. Tex. Local Government Code Sec. 240.035. ENFORCEMENT; PENALTY.

  11. Tex. Local Government Code Sec. 240.041. DEFINITION. In this subchapter, "on-site sewage disposal system" has the meaning assigned by Section 366.002, Health and Safety Code.

  12. Tex. Local Government Code Sec. 240.042. AUTHORITY TO REGULATE PLACEMENT OF WATER WELLS.

  13. Tex. Local Government Code Sec. 240.043. NOTICE.

  14. Tex. Local Government Code Sec. 240.044. FEE. The county may impose a placement review fee in the amount of not more than $50 to be paid by the person drilling the well. Fees collected under this section shall be deposited to the county's general fund to be used only for the administration and enforcement of this subchapter.

  15. Tex. Local Government Code Sec. 240.045. INSPECTION. A county health officer or an official designated by the commissioners court may inspect a proposed private water well site to ensure that it complies with the requirements of this subchapter and county rules adopted under this subchapter.

  16. Tex. Local Government Code Sec. 240.046. COMPLIANCE REQUIRED. A person may not drill a private water well in a county that has chosen to regulate the placement of private water wells under this subchapter unless the placement of the well complies with this subchapter and applicable rules and has been approved by the county health officer or an official designated by the commissioners court.

  17. Tex. Local Government Code Sec. 240.047. OFFENSE; PENALTY.

  18. Tex. Local Government Code Sec. 240.048. EXCEPTIONS. This subchapter does not apply to:

  19. Tex. Local Government Code Sec. 240.081. DEFINITIONS. In this subchapter:

  20. Tex. Local Government Code Sec. 240.082. APPLICABILITY.

  21. Tex. Local Government Code Sec. 240.083. AUTHORITY OF COUNTY TO REGULATE.

  22. Tex. Local Government Code Sec. 240.084. LOCATION OF COMMUNICATION FACILITY STRUCTURE. The commissioners court of a county that is subject to this subchapter may by order prohibit the construction of a communication facility structure within 300 feet, or the height of the structure, whichever is greater, of a residential subdivision.

  23. Tex. Local Government Code Sec. 240.085. FILING REQUIREMENTS REGARDING CONSTRUCTION. A person proposing to construct a communication facility structure in the unincorporated area of a county subject to this subchapter shall file with the county official designated by the commissioners court:

  24. Tex. Local Government Code Sec. 240.086. VARIANCES.

  25. Tex. Local Government Code Sec. 240.087. OFFENSE.

  26. Tex. Local Government Code Sec. 240.088. INJUNCTION. The county attorney or an attorney representing the county may file an action in a district court to enjoin a violation or threatened violation of an order adopted under this subchapter. The court may grant appropriate relief.

  27. Tex. Local Government Code Sec. 240.901. LAND USE REGULATION FOR FLOOD CONTROL IN COASTAL COUNTIES.

  28. Tex. Local Government Code Sec. 240.902. CLOSING OF GULF BEACHES.

  29. Tex. Local Government Code Sec. 240.905. LAND USE REGULATION FOR FLOOD CONTROL IN TRINITY RIVER BASIN.

  30. Tex. Local Government Code Sec. 240.907. FEE FOR CUTTING COUNTY ROAD.

  31. Tex. Local Government Code Sec. 240.909. REGULATION OF TREE CUTTING IN CERTAIN COUNTIES.

  32. Tex. Local Government Code Sec. 240.910. REGULATION OF LITTER AND MOSQUITO CONTROL IN CERTAIN COUNTIES.

  33. Tex. Local Government Code Sec. 240.911. BOND FOR PIPELINE CONSTRUCTION. A county may not require a cash bond as a condition of approval for the construction of a pipeline in the county's boundaries.

Chapter 241

  1. Tex. Local Government Code Sec. 241.001. SHORT TITLE. This chapter may be cited as the Airport Zoning Act.

  2. Tex. Local Government Code Sec. 241.002. LEGISLATIVE FINDINGS. The legislature finds that:

  3. Tex. Local Government Code Sec. 241.003. DEFINITIONS. In this chapter:

  4. Tex. Local Government Code Sec. 241.004. AIRPORT USED IN INTEREST OF PUBLIC. For the purposes of this chapter, an airport is used in the interest of the public if:

  5. Tex. Local Government Code Sec. 241.005. ADOPTION OF REGULATION INCLUDES AMENDMENT OR OTHER CHANGE. A reference in this chapter to the adoption of an airport zoning regulation includes the amendment, repeal, or other change of a regulation. A reference to the adoption of an airport zoning regulation also includes the amendment of an airport zoning regulation existing on the date the law codified by this chapter took effect, which was September 5, 1947.

  6. Tex. Local Government Code Sec. 241.011. AIRPORT HAZARD AREA ZONING REGULATIONS.

  7. Tex. Local Government Code Sec. 241.012. AIRPORT COMPATIBLE LAND USE ZONING REGULATIONS.

  8. Tex. Local Government Code Sec. 241.013. EXTRATERRITORIAL ZONING IN POLITICAL SUBDIVISIONS WITH POPULATION OF MORE THAN 45,000.

  9. Tex. Local Government Code Sec. 241.014. JOINT AIRPORT ZONING BOARD.

  10. Tex. Local Government Code Sec. 241.015. INCORPORATION OF AIRPORT ZONING REGULATION INTO COMPREHENSIVE ZONING ORDINANCE. A political subdivision may incorporate an airport zoning regulation in a comprehensive zoning ordinance and administer and enforce it in connection with the administration and enforcement of the comprehensive zoning ordinance if:

  11. Tex. Local Government Code Sec. 241.016. AIRPORT ZONING COMMISSION.

  12. Tex. Local Government Code Sec. 241.017. PROCEDURAL LIMITATIONS APPLYING TO ADOPTION OF ZONING REGULATIONS.

  13. Tex. Local Government Code Sec. 241.018. REASONABLENESS OF AIRPORT ZONING REGULATIONS.

  14. Tex. Local Government Code Sec. 241.019. NONCONFORMING USES AND STRUCTURES. Except as provided by Section 241.035, airport zoning regulations may not require:

  15. Tex. Local Government Code Sec. 241.020. PERMITS.

  16. Tex. Local Government Code Sec. 241.031. ADMINISTRATIVE AGENCY.

  17. Tex. Local Government Code Sec. 241.032. BOARD OF ADJUSTMENT.

  18. Tex. Local Government Code Sec. 241.033. AUTHORITY OF BOARD. The board of adjustment shall:

  19. Tex. Local Government Code Sec. 241.034. VARIANCES.

  20. Tex. Local Government Code Sec. 241.035. HAZARD MARKING AND LIGHTING. If the administrative agency or board of adjustment considers it reasonable in the circumstances and advisable to accomplish the purposes of this chapter, the agency or board may require in a permit or a variance granted under this chapter that the owner of a structure or object of natural growth allow the political subdivision, at its own expense, to install, operate, and maintain on the structure or object of natural growth any markers and lights necessary to indicate to flyers the presence of an airport hazard.

  21. Tex. Local Government Code Sec. 241.036. APPEAL TO BOARD.

  22. Tex. Local Government Code Sec. 241.041. JUDICIAL REVIEW OF BOARD DECISION.

  23. Tex. Local Government Code Sec. 241.042. TRIAL BY COURT.

  24. Tex. Local Government Code Sec. 241.043. EFFECT OF HOLDING OF THE COURT. If the court holds that an airport zoning regulation, although generally reasonable, interferes with the use or enjoyment of a particular structure or parcel of land to such an extent that, or is so onerous in its application to a particular structure or parcel of land that, the application of the regulation constitutes a taking or deprivation of property in violation of the state or federal constitution, the holding does not affect the application of the regulation to any other structure or parcel of land.

  25. Tex. Local Government Code Sec. 241.044. ADDITIONAL REMEDIES.

  26. Tex. Local Government Code Sec. 241.901. CONFLICT OF AN AIRPORT HAZARD AREA ZONING REGULATION WITH ANOTHER REGULATION.

  27. Tex. Local Government Code Sec. 241.902. CONFLICT OF AN AIRPORT COMPATIBLE LAND USE ZONING REGULATION WITH ANOTHER REGULATION.

  28. Tex. Local Government Code Sec. 241.903. ACQUISITION OF AIR RIGHTS OR OTHER PROPERTY.

Chapter 242

  1. Tex. Local Government Code Sec. 242.001. REGULATION OF SUBDIVISIONS IN EXTRATERRITORIAL JURISDICTION GENERALLY.

  2. Tex. Local Government Code Sec. 242.0015. ARBITRATION REGARDING SUBDIVISION REGULATION AGREEMENT.

  3. Tex. Local Government Code Sec. 242.002. REGULATION OF SUBDIVISIONS IN POPULOUS COUNTIES OR CONTIGUOUS COUNTIES.

  4. Tex. Local Government Code Sec. 242.003. AUTHORITY OF CERTAIN BORDER COUNTIES AND MUNICIPALITIES TO REGULATE SUBDIVISIONS IN EXTRATERRITORIAL JURISDICTION BY AGREEMENT.

Chapter 243

  1. Tex. Local Government Code Sec. 243.001. PURPOSE; EFFECT ON OTHER REGULATORY AUTHORITY.

  2. Tex. Local Government Code Sec. 243.002. DEFINITION. In this chapter, "sexually oriented business" means a sex parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video store, adult motel, or other commercial enterprise the primary business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.

  3. Tex. Local Government Code Sec. 243.003. AUTHORITY TO REGULATE.

  4. Tex. Local Government Code Sec. 243.0031. AUTHORITY TO REGULATE CERTAIN SEXUALLY ORIENTED PERFORMANCES.

  5. Tex. Local Government Code Sec. 243.004. EXEMPT BUSINESS. The following are exempt from regulation under this chapter:

  6. Tex. Local Government Code Sec. 243.005. BUSINESS LICENSED UNDER ALCOHOLIC BEVERAGE CODE: BUSINESS HAVING COIN-OPERATED MACHINES.

  7. Tex. Local Government Code Sec. 243.006. SCOPE OF REGULATION.

  8. Tex. Local Government Code Sec. 243.007. LICENSES OR PERMITS.

  9. Tex. Local Government Code Sec. 243.0075. NOTICE BY SIGN.

  10. Tex. Local Government Code Sec. 243.008. INSPECTION. A municipality or county may inspect a sexually oriented business to determine compliance with this chapter and regulations adopted under this chapter by the municipality or county.

  11. Tex. Local Government Code Sec. 243.009. FEES. A municipality or county may impose fees on applicants for a license or other permit issued under this chapter or for the renewal of the license or other permit. The fees must be based on the cost of processing the applications and investigating the applicants.

  12. Tex. Local Government Code Sec. 243.010. ENFORCEMENT.

  13. Tex. Local Government Code Sec. 243.011. EFFECT ON OTHER LAWS. This chapter does not legalize anything prohibited under the Penal Code or other state law.

Chapter 244

  1. Tex. Local Government Code Sec. 244.001. DEFINITIONS. In this subchapter:

  2. Tex. Local Government Code Sec. 244.002. NOTICE OF PROPOSED LOCATION.

  3. Tex. Local Government Code Sec. 244.003. PROXIMITY OF CORRECTIONAL OR REHABILITATION FACILITY.

  4. Tex. Local Government Code Sec. 244.004. LOCAL CONSENT.

  5. Tex. Local Government Code Sec. 244.006. EXEMPTIONS. This subchapter does not apply to the operation of a correctional or rehabilitation facility at a location subject to this subchapter if:

  6. Tex. Local Government Code Sec. 244.007. CONFLICT WITH OTHER LAW. To the extent of any conflict between this subchapter and Sections 508.119 and 509.010, Government Code, this subchapter prevails.

  7. Tex. Local Government Code Sec. 244.021. DEFINITION. In this subchapter, "shelter for homeless individuals" means a supervised private facility that provides temporary living accommodations for homeless individuals.

  8. Tex. Local Government Code Sec. 244.022. APPLICATION OF SUBCHAPTER. This subchapter applies only to construction or operation of a shelter for homeless individuals that is located or proposed to be located within the boundaries of a municipality with a population of 1.6 million or more.

  9. Tex. Local Government Code Sec. 244.023. RESTRICTION. Unless municipal consent is granted under Section 244.025, a person may not construct or operate a shelter for homeless individuals within 1,000 feet of another shelter for homeless individuals or a primary or secondary school.

  10. Tex. Local Government Code Sec. 244.024. NOTICE.

  11. Tex. Local Government Code Sec. 244.025. MUNICIPAL CONSENT.

  12. Tex. Local Government Code Sec. 244.026. DISTANCE MEASUREMENT. For purposes of this subchapter, distance is measured along the shortest straight line between the nearest property line of the shelter for homeless individuals and the nearest property line of another shelter for homeless individuals or a primary or secondary school, as appropriate.

Chapter 245

  1. Tex. Local Government Code Sec. 245.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 245.002. UNIFORMITY OF REQUIREMENTS.

  3. Tex. Local Government Code Sec. 245.003. APPLICABILITY OF CHAPTER. This chapter applies only to a project in progress on or commenced after September 1, 1997. For purposes of this chapter a project was in progress on September 1, 1997, if:

  4. Tex. Local Government Code Sec. 245.004. EXEMPTIONS. This chapter does not apply to:

  5. Tex. Local Government Code Sec. 245.005. DORMANT PROJECTS.

  6. Tex. Local Government Code Sec. 245.006. ENFORCEMENT OF CHAPTER.

  7. Tex. Local Government Code Sec. 245.007. CONSTRUCTION AND RENOVATION WORK ON COUNTY-OWNED BUILDINGS AND FACILITIES IN CERTAIN COUNTIES.

Chapter 246

  1. Tex. Local Government Code Sec. 246.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 246.002. APPLICABILITY. This chapter applies only to a critical facility that:

  3. Tex. Local Government Code Sec. 246.003. REQUEST PROCESS.

  4. Tex. Local Government Code Sec. 246.004. COMMISSION JURISDICTION. The commission has jurisdiction to enforce this chapter and to ensure that legal requirements are enforced in a competitively neutral, nondiscriminatory, and reasonable manner.

Chapter 247

  1. Tex. Local Government Code Sec. 247.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 247.002. THIRD-PARTY REVIEW OR INSPECTION REQUIRED.

  3. Tex. Local Government Code Sec. 247.0025. THIRD-PARTY REVIEW OR INSPECTION FOR HOME BACKUP POWER INSTALLATIONS.

  4. Tex. Local Government Code Sec. 247.003. ADDITIONAL FEE PROHIBITED. A regulatory authority may not impose a fee related to the review of a development document or the inspection of an improvement conducted under this chapter.

  5. Tex. Local Government Code Sec. 247.004. THIRD-PARTY REQUIREMENTS.

  6. Tex. Local Government Code Sec. 247.005. WAIVER PROHIBITED. A regulatory authority may not request or require an applicant to waive a deadline or other procedure under this chapter.

  7. Tex. Local Government Code Sec. 247.006. APPEAL.

Chapter 248

  1. Tex. Local Government Code Sec. 248.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 248.002. RESTRICTION ON REGULATION OF ENERGY SOURCES.

  3. Tex. Local Government Code Sec. 248.003. RESTRICTION ON REGULATION OF ENGINES.

Chapter 250

  1. Tex. Local Government Code Sec. 250.001. RESTRICTION ON REGULATION OF SPORT SHOOTING RANGES.

  2. Tex. Local Government Code Sec. 250.002. REGULATION OF AMATEUR RADIO ANTENNAS.

  3. Tex. Local Government Code Sec. 250.003. PERSONAL LIABILITY OF NONOWNERS.

  4. Tex. Local Government Code Sec. 250.004. AGENT FOR SERVICE; NOTICE OF CITATION.

  5. Tex. Local Government Code Sec. 250.005. OTHER REMEDIES UNAFFECTED. Sections 250.003 and 250.004 do not limit the availability of remedies against a real property owner or real property otherwise provided by law, including fines, closure, injunction, and mandamus.

  6. Tex. Local Government Code Sec. 250.006. GRAFFITI REMOVAL.

  7. Tex. Local Government Code Sec. 250.007. REGULATION OF RENTAL OR LEASING OF HOUSING ACCOMMODATIONS.

  8. Tex. Local Government Code Sec. 250.008. LINKAGE FEES PROHIBITED.

  9. Tex. Local Government Code Sec. 250.009. CERTAIN SALES OF BEVERAGES BY CHILDREN. Notwithstanding any other law, a municipality, county, or other local public health authority may not adopt or enforce an ordinance, order, or rule that prohibits or regulates, including by requiring a license, permit, or fee, the occasional sale of lemonade or other nonalcoholic beverages from a stand on private property or in a public park by an individual younger than 18 years of age.

  10. Tex. Local Government Code Sec. 250.010. BATTERY-CHARGED FENCES.

  11. Tex. Local Government Code Sec. 250.011. THIRD-PARTY FOOD DELIVERY SERVICES.

  12. Tex. Local Government Code Sec. 250.012. RESIDENTIAL FIRE PROTECTION SPRINKLER SYSTEMS.

  13. Tex. Local Government Code Sec. 250.013. RESIDENTIAL IMMIGRANT OR REFUGEE CHILD DETENTION FACILITIES.

  14. Tex. Local Government Code Sec. 250.014. GROUP DAY-CARE HOME AND FAMILY HOME REGULATORY CERTAINTY. A political subdivision may not adopt or enforce an ordinance, order, or other measure that requires a group day-care home or family home licensed, registered, or listed under Chapter 42, Human Resources Code, to comply with health and safety standards that exceed the standards established by statute or Health and Human Services Commission rule.

Chapter 251

  1. Tex. Local Government Code Sec. 251.001. RIGHT OF EMINENT DOMAIN.

  2. Tex. Local Government Code Sec. 251.002. PROCEDURE. An exercise of the power of eminent domain granted by this chapter is governed by Chapter 21 of the Property Code.

Chapter 252

  1. Tex. Local Government Code Sec. 252.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 252.002. MUNICIPAL CHARTER CONTROLS IN CASE OF CONFLICT. Any provision in the charter of a home-rule municipality that relates to the notice of contracts, advertisement of the notice, requirements for the taking of sealed bids based on specifications for public improvements or purchases, the manner of publicly opening bids or reading them aloud, or the manner of letting contracts and that is in conflict with this chapter controls over this chapter unless the governing body of the municipality elects to have this chapter supersede the charter.

  3. Tex. Local Government Code Sec. 252.003. APPLICATION OF OTHER LAW. The purchasing requirements of Section 361.426, Health and Safety Code, apply to municipal purchases made under this chapter.

  4. Tex. Local Government Code Sec. 252.021. COMPETITIVE REQUIREMENTS FOR PURCHASES.

  5. Tex. Local Government Code Sec. 252.0215. COMPETITIVE BIDDING IN RELATION TO HISTORICALLY UNDERUTILIZED BUSINESS. A municipality, in making an expenditure of more than $3,000 but less than $100,000, shall contact at least two historically underutilized businesses on a rotating basis, based on information provided by the comptroller pursuant to Chapter 2161, Government Code. If the list fails to identify a historically underutilized business in the county in which the municipality is situated, the municipality is exempt from this section.

  6. Tex. Local Government Code Sec. 252.022. GENERAL EXEMPTIONS.

  7. Tex. Local Government Code Sec. 252.023. EXEMPTIONS FROM REFERENDUM PROVISIONS. The referendum provisions prescribed by Section 252.045 do not apply to expenditures that are payable:

  8. Tex. Local Government Code Sec. 252.024. SELECTION OF INSURANCE BROKER. This chapter does not prevent a municipality from selecting a licensed insurance broker as the sole broker of record to obtain proposals and coverages for excess or surplus insurance that provides necessary coverage and adequate limits of coverage in structuring layered excess coverages in all areas of risk requiring special consideration, including public official liability, police professional liability, and airport liability. The broker may be retained only on a fee basis and may not receive any other remuneration from any other source.

  9. Tex. Local Government Code Sec. 252.041. NOTICE REQUIREMENT.

  10. Tex. Local Government Code Sec. 252.0415. PROCEDURES FOR ELECTRONIC BIDS OR PROPOSALS.

  11. Tex. Local Government Code Sec. 252.042. REQUESTS FOR PROPOSALS FOR CERTAIN PROCUREMENTS.

  12. Tex. Local Government Code Sec. 252.043. AWARD OF CONTRACT.

  13. Tex. Local Government Code Sec. 252.0435. SAFETY RECORD OF BIDDER CONSIDERED. In determining who is a responsible bidder, the governing body may take into account the safety record of the bidder, of the firm, corporation, partnership, or institution represented by the bidder, or of anyone acting for such a firm, corporation, partnership, or institution if:

  14. Tex. Local Government Code Sec. 252.0436. CONTRACT WITH PERSON INDEBTED TO MUNICIPALITY.

  15. Tex. Local Government Code Sec. 252.044. CONTRACTOR'S BOND.

  16. Tex. Local Government Code Sec. 252.045. REFERENDUM ON ISSUANCE OF TIME WARRANTS.

  17. Tex. Local Government Code Sec. 252.046. CIRCUMSTANCES IN WHICH CURRENT FUNDS TO BE SET ASIDE. If an expenditure under the contract is payable by warrants on current funds, the governing body of the municipality by order shall set aside an amount of current funds that will discharge the principal and interest of the warrants. Those funds may not be used for any other purpose, and the warrants must be discharged from those funds and may not be refunded.

  18. Tex. Local Government Code Sec. 252.047. PAYMENT METHOD FOR CERTAIN CONTRACTS. If the contract is for the construction of public works or for the purchase of materials, equipment, and supplies, the municipality may let the contract on a lump-sum basis or unit price basis as the governing body of the municipality determines. If the contract is let on a unit price basis, the information furnished to bidders must specify the approximate quantity needed, based on the best available information, but payment to the contractor must be based on the actual quantity constructed or supplied.

  19. Tex. Local Government Code Sec. 252.048. CHANGE ORDERS.

  20. Tex. Local Government Code Sec. 252.049. CONFIDENTIALITY OF INFORMATION IN BIDS OR PROPOSALS.

  21. Tex. Local Government Code Sec. 252.050. LEASE-PURCHASE OR INSTALLMENT PURCHASE OF REAL PROPERTY.

  22. Tex. Local Government Code Sec. 252.051. APPRAISAL REQUIRED BEFORE PURCHASE OF PROPERTY WITH BOND PROCEEDS. A municipality may not purchase property wholly or partly with bond proceeds until the municipality obtains an independent appraisal of the property's market value.

  23. Tex. Local Government Code Sec. 252.061. INJUNCTION. If the contract is made without compliance with this chapter, it is void and the performance of the contract, including the payment of any money under the contract, may be enjoined by:

  24. Tex. Local Government Code Sec. 252.062. CRIMINAL PENALTIES.

  25. Tex. Local Government Code Sec. 252.063. REMOVAL; INELIGIBILITY.

Chapter 253

  1. Tex. Local Government Code Sec. 253.001. SALE OF PARK LAND, MUNICIPAL BUILDING SITE, OR ABANDONED ROADWAY.

  2. Tex. Local Government Code Sec. 253.002. TRANSACTIONS CONCERNING AN ISLAND, FLAT, OR SUBMERGED LAND.

  3. Tex. Local Government Code Sec. 253.003. PURCHASE AND SALE OF FEDERAL PROPERTY.

  4. Tex. Local Government Code Sec. 253.004. GRANT OR LEASE OF PROPERTY FOR JUVENILE BOARD. A home-rule municipality by grant or lease may donate to the county in which the municipality is located any unimproved land for use by a juvenile board of the county.

  5. Tex. Local Government Code Sec. 253.005. LEASE OF OIL, GAS, OR MINERAL LAND.

  6. Tex. Local Government Code Sec. 253.006. LEASE OF MUNICIPAL HOSPITAL OR SWIMMING POOL.

  7. Tex. Local Government Code Sec. 253.007. SALE OR LEASE OF COMPUTER SOFTWARE BY CERTAIN MUNICIPALITIES.

  8. Tex. Local Government Code Sec. 253.008. SALE OF REAL PROPERTY BY PUBLIC AUCTION.

  9. Tex. Local Government Code Sec. 253.009. CONVEYANCE OF ADJOINING PROPERTY TO MUNICIPAL DEVELOPMENT CORPORATION.

  10. Tex. Local Government Code Sec. 253.010. SALE OF REAL PROPERTY TO CERTAIN NONPROFIT OR RELIGIOUS ORGANIZATIONS.

  11. Tex. Local Government Code Sec. 253.011. CONVEYANCE TO NONPROFIT CORPORATION FOR PUBLIC USE.

  12. Tex. Local Government Code Sec. 253.012. CONVEYANCE TO ECONOMIC DEVELOPMENT CORPORATION BY CERTAIN MUNICIPALITIES.

  13. Tex. Local Government Code Sec. 253.0125. CONVEYANCE TO CERTAIN ENTITIES FOR ECONOMIC DEVELOPMENT PURPOSES.

  14. Tex. Local Government Code Sec. 253.013. DONATION OF REAL PROPERTY OF NEGLIGIBLE OR NEGATIVE VALUE TO CERTAIN PRIVATE PERSONS.

  15. Tex. Local Government Code Sec. 253.014. BROKER AGREEMENTS AND FEES FOR SALE OF REAL PROPERTY BY HOME-RULE MUNICIPALITY.

Chapter 254

  1. Tex. Local Government Code Sec. 254.001. APPLICABILITY OF CHAPTER. This chapter applies only to a municipality located on a channel, canal, bay, inlet, or lake connected to the Gulf of Mexico.

  2. Tex. Local Government Code Sec. 254.002. DEFINITIONS. In this chapter:

  3. Tex. Local Government Code Sec. 254.003. AUTHORITY REGARDING ISLAND PROPERTY. A municipality may construct, acquire, lease as lessor or lessee, improve, enlarge, extend, repair, maintain, replace, develop, or operate facilities and improvements necessary or convenient for the proper administration of island property owned by the municipality.

  4. Tex. Local Government Code Sec. 254.004. APPLICABILITY OF OTHER LAW. Except to the extent that it conflicts with this chapter, Subchapter B, Chapter 1502, Government Code, applies to revenue obligations issued under this chapter, and a municipality to which this chapter applies has, with respect to a revenue obligation issued under this chapter, each power granted by that subchapter.

  5. Tex. Local Government Code Sec. 254.021. MANAGEMENT AND CONTROL BY GOVERNING BODY OR BOARD OF TRUSTEES.

  6. Tex. Local Government Code Sec. 254.022. ORGANIZATION AND DUTIES OF BOARD.

  7. Tex. Local Government Code Sec. 254.023. CHARACTER OF BOARD; GENERAL POWERS.

  8. Tex. Local Government Code Sec. 254.024. COMPETITIVE BIDDING.

  9. Tex. Local Government Code Sec. 254.051. AUTHORITY OF MUNICIPALITY TO ISSUE OBLIGATIONS. The governing body of a municipality by ordinance may issue in the name of the municipality obligations payable from taxes, revenue, or both to provide money for a facility or improvement under this chapter.

  10. Tex. Local Government Code Sec. 254.052. ELECTION.

  11. Tex. Local Government Code Sec. 254.053. AUTHORITY OF BOARD TO ISSUE OBLIGATIONS. A board by resolution may issue in the name of the board, with the consent of the governing body of the municipality:

  12. Tex. Local Government Code Sec. 254.054. LIMITATION ON AGGREGATE AMOUNT OF EXPENSE NOTES. The aggregate amount of expense notes issued under Section 254.053(2) that are outstanding at any time during a fiscal year may not exceed 50 percent of the difference between:

  13. Tex. Local Government Code Sec. 254.055. MATURITY OF OBLIGATION. An obligation issued under this chapter must mature not later than 40 years after its date of issuance.

  14. Tex. Local Government Code Sec. 254.056. SIGNATURES; SEAL.

  15. Tex. Local Government Code Sec. 254.057. SALE OF OBLIGATIONS.

  16. Tex. Local Government Code Sec. 254.058. CONTENTS OF ORDINANCE OR RESOLUTION.

  17. Tex. Local Government Code Sec. 254.059. REVIEW AND APPROVAL OF CONTRACTS RELATING TO REVENUE OBLIGATIONS.

  18. Tex. Local Government Code Sec. 254.060. SECURITY FOR AND PAYMENT OF OBLIGATIONS PAYABLE FROM REVENUE.

  19. Tex. Local Government Code Sec. 254.061. USE OF CERTAIN PROCEEDS. From the proceeds from the sale of obligations issued under this chapter, there may be appropriated or set aside:

  20. Tex. Local Government Code Sec. 254.062. LEASE OR SALE OF ISLAND PROPERTY.

  21. Tex. Local Government Code Sec. 254.063. ENCUMBRANCE OF ISLAND PROPERTY IMPROVEMENTS OR FACILITIES FINANCED BY OBLIGATIONS PAYABLE FROM AD VALOREM TAXES. A municipality may not encumber an island property improvement or facility financed by obligations payable from ad valorem taxes unless authorized at the election required by Section 254.052.

  22. Tex. Local Government Code Sec. 254.081. APPLICABILITY OF LAW RELATING TO ORIGINAL OBLIGATIONS. The provisions of this chapter relating to original obligations apply to refunding obligations issued under this chapter to the extent the provisions can be made to apply.

  23. Tex. Local Government Code Sec. 254.082. AUTHORITY TO ISSUE TAX REFUNDING OBLIGATIONS. The governing body of a municipality may issue tax obligations under this chapter to refund outstanding tax obligations.

  24. Tex. Local Government Code Sec. 254.083. AUTHORITY TO ISSUE REVENUE REFUNDING OBLIGATIONS. The governing body of a municipality or a board with the approval of the governing body may issue revenue obligations under this chapter to refund outstanding revenue obligations.

  25. Tex. Local Government Code Sec. 254.084. TERMS OF ISSUANCE OF REVENUE REFUNDING OBLIGATIONS.

  26. Tex. Local Government Code Sec. 254.085. REGISTRATION OF REFUNDING OBLIGATIONS BY COMPTROLLER.

  27. Tex. Local Government Code Sec. 254.086. ESCROW AGREEMENT.

Chapter 255

  1. Tex. Local Government Code Sec. 255.001. SPECIAL HEARING AND NOTICE REQUIREMENTS FOR CONVERSION OF PROPERTY TO HOUSE HOMELESS INDIVIDUALS.

Chapter 261

  1. Tex. Local Government Code Sec. 261.001. RIGHT OF EMINENT DOMAIN.

  2. Tex. Local Government Code Sec. 261.002. PROCEDURE. The condemnation proceedings must be instituted in the name of the county and under the direction of the commissioners court.

  3. Tex. Local Government Code Sec. 261.003. APPEAL.

Chapter 262

  1. Tex. Local Government Code Sec. 262.001. APPOINTMENT OF AGENT TO MAKE CONTRACTS.

  2. Tex. Local Government Code Sec. 262.002. AUTHORITY TO PURCHASE ROAD EQUIPMENT AND TIRES THROUGH COMPTROLLER.

  3. Tex. Local Government Code Sec. 262.003. SMALL, SOLE-SOURCE PURCHASE EXEMPT FROM COMPETITIVE BIDDING.

  4. Tex. Local Government Code Sec. 262.004. CONTRACT AND OTHER INSTRUMENTS VEST RIGHTS IN COUNTY; SUIT ON CONTRACT OR OTHER INSTRUMENT.

  5. Tex. Local Government Code Sec. 262.005. APPLICATION OF OTHER LAW. The purchasing requirements of Section 361.426, Health and Safety Code, apply to county purchases made under this chapter.

  6. Tex. Local Government Code Sec. 262.006. LEAST COST REVIEW PROGRAM. The commissioners court of a county may establish a least cost review program for public improvements to be constructed by the use of personnel, equipment, or facilities of the county that may exceed a cost of:

  7. Tex. Local Government Code Sec. 262.007. SUIT AGAINST COUNTY ARISING UNDER CERTAIN CONTRACTS.

  8. Tex. Local Government Code Sec. 262.011. PURCHASING AGENTS.

  9. Tex. Local Government Code Sec. 262.0115. PURCHASING AGENTS IN COUNTIES WITH POPULATION OF MORE THAN 100,000.

  10. Tex. Local Government Code Sec. 262.012. COUNTY AUDITORS AS PURCHASING AGENTS IN CERTAIN COUNTIES.

  11. Tex. Local Government Code Sec. 262.021. SHORT TITLE. This subchapter may be cited as the County Purchasing Act.

  12. Tex. Local Government Code Sec. 262.022. DEFINITIONS. In this subchapter:

  13. Tex. Local Government Code Sec. 262.0225. ADDITIONAL COMPETITIVE PROCEDURES.

  14. Tex. Local Government Code Sec. 262.023. COMPETITIVE REQUIREMENTS FOR CERTAIN PURCHASES.

  15. Tex. Local Government Code Sec. 262.0235. PROCEDURES ADOPTED BY COUNTY PURCHASING AGENTS FOR ELECTRONIC BIDS OR PROPOSALS. The county purchasing agent, before receiving electronic bids or proposals, shall adopt rules in conformance with Section 262.011(o) to ensure the identification, security, and confidentiality of electronic bids or proposals.

  16. Tex. Local Government Code Sec. 262.024. DISCRETIONARY EXEMPTIONS.

  17. Tex. Local Government Code Sec. 262.0241. MANDATORY EXEMPTIONS: CERTAIN RECREATIONAL SERVICES.

  18. Tex. Local Government Code Sec. 262.0245. COMPETITIVE PROCUREMENT PROCEDURES ADOPTED BY COUNTY PURCHASING AGENTS OR COMMISSIONERS COURT. A county purchasing agent or, in a county without a purchasing agent, the commissioners court shall adopt procedures that provide for competitive procurement, to the extent practicable under the circumstances, for the county purchase of an item that is not subject to competitive procurement or for which the county receives no responsive bid.

  19. Tex. Local Government Code Sec. 262.025. COMPETITIVE BIDDING NOTICE.

  20. Tex. Local Government Code Sec. 262.0255. ADDITIONAL NOTICE AND BOND PROVISIONS RELATING TO PURCHASE OF CERTAIN EQUIPMENT.

  21. Tex. Local Government Code Sec. 262.0256. PRE-BID CONFERENCE FOR CERTAIN COUNTIES OR A DISTRICT GOVERNED BY THOSE COUNTIES.

  22. Tex. Local Government Code Sec. 262.026. OPENING OF BIDS.

  23. Tex. Local Government Code Sec. 262.027. AWARDING OF CONTRACT.

  24. Tex. Local Government Code Sec. 262.0271. CONSIDERATION OF HEALTH INSURANCE PROVIDED BY BIDDER.

  25. Tex. Local Government Code Sec. 262.0275. SAFETY RECORD OF BIDDER CONSIDERED. In determining who is a responsible bidder, the commissioners court may take into account the safety record of the bidder, of the firm, corporation, partnership, or institution represented by the bidder, or of anyone acting for such a firm, corporation, partnership, or institution if:

  26. Tex. Local Government Code Sec. 262.0276. CONTRACT WITH PERSON INDEBTED TO COUNTY.

  27. Tex. Local Government Code Sec. 262.028. LUMP-SUM OR UNIT PRICE METHOD. A purchase may be proposed on a lump-sum or unit price basis. If the county chooses to use unit pricing in its notice, the information furnished bidders must specify the approximate quantities estimated on the best available information, but the compensation paid the bidder must be based on the actual quantities purchased.

  28. Tex. Local Government Code Sec. 262.029. TIME WARRANT ELECTION. If before the date tentatively set for the authorization of the issuance of time warrants applying to a contract covered by this subchapter or if before that authorization a petition signed by at least five percent of the registered voters of the county is filed with the county clerk protesting the issuance of the time warrants, the county may not issue the time warrants unless the issuance is approved at an election ordered and conducted in the manner provided for county bond elections under Chapter 1251, Government Code.

  29. Tex. Local Government Code Sec. 262.0295. ALTERNATIVE MULTISTEP COMPETITIVE PROPOSAL PROCEDURE.

  30. Tex. Local Government Code Sec. 262.030. ALTERNATIVE COMPETITIVE PROPOSAL PROCEDURE FOR CERTAIN GOODS AND SERVICES.

  31. Tex. Local Government Code Sec. 262.0305. MODIFICATION AFTER AWARD.

  32. Tex. Local Government Code Sec. 262.031. CHANGES IN PLANS AND SPECIFICATIONS.

  33. Tex. Local Government Code Sec. 262.032. BID OR PERFORMANCE BOND; PAYMENT UNDER CONTRACT.

  34. Tex. Local Government Code Sec. 262.033. INJUNCTION. Any property tax paying citizen of the county may enjoin performance under a contract made by a county in violation of this subchapter.

  35. Tex. Local Government Code Sec. 262.034. CRIMINAL PENALTIES.

  36. Tex. Local Government Code Sec. 262.036. SELECTION AND RETENTION OF INSURANCE BROKER.

  37. Tex. Local Government Code Sec. 262.037. QUALIFICATION. An officer authorized to make a purchase on behalf of a county or a county department or office may not make any purchase until providing to the county judge a signed acknowledgment that the officer has read and understands this chapter. This section does not apply in a county that has appointed a purchasing agent under Subchapter B.

Chapter 263

  1. Tex. Local Government Code Sec. 263.001. SALE OR LEASE OF REAL PROPERTY.

  2. Tex. Local Government Code Sec. 263.002. ABANDONED SEAWALL OR HIGHWAY PROPERTY.

  3. Tex. Local Government Code Sec. 263.003. SCHOOL LANDS.

  4. Tex. Local Government Code Sec. 263.004. RESTRICTIONS, CONDITIONS, AND LIMITATIONS.

  5. Tex. Local Government Code Sec. 263.005. USE BY PUBLIC UTILITY OR COMMON CARRIER. If, at the time real property, or an interest in real property, is sold, leased, or exchanged under this subchapter, a public utility or common carrier that has the right of eminent domain is using the property for right-of-way and easement purposes, the sale, lease, exchange, conveyance, and surrender of possession of the property or interest are subject to the right of and continued use by the public utility or common carrier.

  6. Tex. Local Government Code Sec. 263.006. EXCHANGE OF REAL PROPERTY.

  7. Tex. Local Government Code Sec. 263.007. SALE OR LEASE OF REAL PROPERTY THROUGH SEALED-BID PROCEDURE.

  8. Tex. Local Government Code Sec. 263.008. BROKER AGREEMENTS AND FEES FOR THE SALE OF REAL PROPERTY.

  9. Tex. Local Government Code Sec. 263.051. AIRPORT LAND.

  10. Tex. Local Government Code Sec. 263.052. CERTAIN LAND, HOUSING, OR FACILITIES ACQUIRED FROM UNITED STATES.

  11. Tex. Local Government Code Sec. 263.053. SALE AND SUBSEQUENT LEASE OR LICENSE OF PROPERTY IN COUNTIES WITH POPULATION OF MORE THAN 250,000.

  12. Tex. Local Government Code Sec. 263.054. RELINQUISHMENT OF ABANDONED LAND. The commissioners court of a county by order may, as if there has been a failure of consideration, relinquish and convey land donated to the county for county purposes to the donor of the land or the donor's successor in title if:

  13. Tex. Local Government Code Sec. 263.055. CONVEYANCE OF PROPERTY FROM COUNTY TO TEXAS A&I UNIVERSITY FOUNDATION, INC.

  14. Tex. Local Government Code Sec. 263.101. APPLICATION OF SUBCHAPTER TO POPULOUS COUNTIES. This subchapter applies only to a county with a population of more than 1.3 million.

  15. Tex. Local Government Code Sec. 263.102. LEASE.

  16. Tex. Local Government Code Sec. 263.103. CREATION OF ENCUMBRANCE.

  17. Tex. Local Government Code Sec. 263.104. LENDING CREDIT. A county executing a lease under this subchapter may not in any way lend its credit to an individual or a private corporation or association in connection with the lease.

  18. Tex. Local Government Code Sec. 263.105. CONDITIONS OF LEASE.

  19. Tex. Local Government Code Sec. 263.106. SALE.

  20. Tex. Local Government Code Sec. 263.107. EXPENDITURE OF TAX FUNDS. In an agreement authorized by this subchapter, the commissioners court of a county may spend tax funds consistent with state law but must limit each commitment or expenditure of tax funds associated with the agreement to an amount available from current revenues of the county.

  21. Tex. Local Government Code Sec. 263.151. DEFINITIONS. In this subchapter:

  22. Tex. Local Government Code Sec. 263.152. DISPOSITION.

  23. Tex. Local Government Code Sec. 263.1521. DISPOSITION OF CERTAIN SENSITIVE MEDIA DEVICES.

  24. Tex. Local Government Code Sec. 263.153. NOTICE.

  25. Tex. Local Government Code Sec. 263.154. REJECTION OF OFFER. The commissioners court or its designated representative conducting the sale may reject any offer to purchase surplus or salvage property if the court or representative finds the rejection to be in the best interests of the county.

  26. Tex. Local Government Code Sec. 263.1545. BROKER AGREEMENTS FOR THE SALE OF CERTAIN SURPLUS PROPERTY BY CERTAIN COUNTIES.

  27. Tex. Local Government Code Sec. 263.155. RECORD.

  28. Tex. Local Government Code Sec. 263.156. PROCEEDS. Unless otherwise provided by law, the commissioners court shall deposit the proceeds from the sale of surplus or salvage property:

  29. Tex. Local Government Code Sec. 263.157. TITLE. If a purchaser of surplus or salvage property at a sale held in accordance with this subchapter complies in good faith with the conditions of the sale and the applicable rules of the commissioners court, the purchaser obtains good title to the property.

  30. Tex. Local Government Code Sec. 263.158. RULES. The commissioners court may adopt rules necessary to administer this subchapter.

  31. Tex. Local Government Code Sec. 263.201. ACQUISITION AND CONVEYANCE OF LAND FOR WATER PROJECTS.

  32. Tex. Local Government Code Sec. 263.202. CONVEYANCE FOR PUBLIC BUILDING.

  33. Tex. Local Government Code Sec. 263.203. CONVEYANCE FOR CIVIL WORKS PROJECT. If a county owns and controls land, or an interest in land, that is used or proposed to be used as a part of the site of a flood control, river and harbor improvement, water conservation, or other civil works project constructed or to be constructed by the United States, the county judge of the county, on order of the commissioners court or on a request of the United States that is supported by an order of the commissioners court, may convey an easement, or other interest in land, necessary for the construction, operation, and maintenance of the project to the United States or to a political subdivision, agency, or instrumentality of this state that is cooperating with the United States in the project.

  34. Tex. Local Government Code Sec. 263.204. CONVEYANCE FOR MILITARY INSTALLATION OR FACILITY. If a county owns and controls land, or an interest in land, near a federally owned or operated military installation or facility, the county judge of the county, on order of the commissioners court or on a request of the United States that is supported by an order of the commissioners court, may convey to the United States an easement, or other interest in the land, that is necessary for the construction, operation, and maintenance of the installation or facility.

  35. Tex. Local Government Code Sec. 263.205. CONSIDERATION. The commissioners court shall determine the consideration for a conveyance under Section 263.203 or 263.204 and may determine that monetary consideration is not required.

  36. Tex. Local Government Code Sec. 263.206. ASSENT TO GRANT OF EASEMENT. If the county does not own the fee simple title to land described by Section 263.203 or 263.204 and if the owner of the fee simple has executed an easement to the land for the purposes for which a conveyance is authorized under Section 263.203 or 263.204, the county judge, on order of the commissioners court, may join in and assent to the easement in the instrument granting the easement or in a separate instrument.

  37. Tex. Local Government Code Sec. 263.251. SALE OR LEASE OF ADVERTISING SPACE.

Chapter 270

  1. Tex. Local Government Code Sec. 270.001. ACQUISITION OF REAL PROPERTY BY CONVEYANCE. A deed, grant, or conveyance that is made, is acknowledged or proven, and is recorded as other deeds of conveyance to a county, to the courts or commissioners of a county, or to another person for the use and benefit of a county vests in the county the right, title, interest, and estate that the grantor had in the property at the time the instrument was executed and that the grantor intended to convey.

  2. Tex. Local Government Code Sec. 270.002. PURCHASE AND SALE OF PROPERTY AFTER JUDGMENT. If property is sold under execution or order of sale on a judgment in favor of a county, including execution on a judgment in a case of scire facias in the name of the state, the attorney or agent representing the county, with the advice and consent of the commissioners court, may purchase and dispose of the property for the county in the same manner as an attorney or agent for the state under Article 4401, Revised Statutes. The officer selling the property shall execute and deliver to the county a deed to the property. On sale of the property by the county, the commissioners court, in the name of the county, shall execute and deliver to the purchaser a deed to the property.

  3. Tex. Local Government Code Sec. 270.003. ACQUISITION AND USE OF PUBLIC PLATFORM TONNAGE SCALES.

  4. Tex. Local Government Code Sec. 270.004. AUTHORITY TO CONTRACT WITH FEDERAL GOVERNMENT FOR ACQUISITION OF LAND OR HOUSING.

  5. Tex. Local Government Code Sec. 270.005. CONTRACTS WITH FEDERAL GOVERNMENT FOR CONSTRUCTION IN POPULOUS COUNTY.

  6. Tex. Local Government Code Sec. 270.006. REPORT ABOUT USE OF, OR ACCIDENT INVOLVING, EQUIPMENT IN COUNTY WITH POPULATION OF 500,000 OR MORE.

  7. Tex. Local Government Code Sec. 270.007. SALE OF COMPUTER SOFTWARE.

  8. Tex. Local Government Code Sec. 270.008. DISPOSAL OF SUPER COLLIDER PROPERTY.

  9. Tex. Local Government Code Sec. 270.009. INTELLECTUAL PROPERTY OF COUNTY. A county may acquire, apply for, register, secure, hold, protect, and renew under the laws of this state, another state, the United States, or any other nation:

Chapter 271

  1. Tex. Local Government Code Sec. 271.001. SHORT TITLE. This subchapter may be cited as the Public Property Finance Act.

  2. Tex. Local Government Code Sec. 271.002. PURPOSE.

  3. Tex. Local Government Code Sec. 271.003. DEFINITIONS. In this subchapter:

  4. Tex. Local Government Code Sec. 271.004. REAL PROPERTY AND IMPROVEMENTS FOR SCHOOL DISTRICTS.

  5. Tex. Local Government Code Sec. 271.005. AUTHORITY TO CONTRACT FOR PERSONAL PROPERTY.

  6. Tex. Local Government Code Sec. 271.006. COMPLIANCE WITH OTHER REQUIREMENTS.

  7. Tex. Local Government Code Sec. 271.0065. ADDITIONAL COMPETITIVE PROCEDURES.

  8. Tex. Local Government Code Sec. 271.007. APPROVED AND REGISTERED CONTRACT.

  9. Tex. Local Government Code Sec. 271.008. AUTHORIZED INVESTMENTS. The contract is a legal and authorized investment for:

  10. Tex. Local Government Code Sec. 271.009. TERM OF CONTRACT. The contract may be for any term not to exceed 25 years.

  11. Tex. Local Government Code Sec. 271.021. DEFINITIONS. In this subchapter:

  12. Tex. Local Government Code Sec. 271.022. EXEMPT CONTRACT. This subchapter does not affect a contract required to be awarded under Subchapter A, Chapter 2254, Government Code.

  13. Tex. Local Government Code Sec. 271.023. CONFLICT OF LAWS. To the extent of any conflict, the provisions of Subchapter B, Chapter 44, Education Code, relating to the purchase of goods and services under contract by a school district prevail over this subchapter.

  14. Tex. Local Government Code Sec. 271.024. COMPETITIVE PROCUREMENT PROCEDURE APPLICABLE TO CONTRACT. If a governmental entity is required by statute to award a contract for the construction, repair, or renovation of a structure, road, highway, or other improvement or addition to real property on the basis of competitive bids, and if the contract requires the expenditure of more than $100,000 from the funds of the entity, the bidding on the contract must be accomplished in the manner provided by this subchapter.

  15. Tex. Local Government Code Sec. 271.0245. ADDITIONAL COMPETITIVE PROCEDURES.

  16. Tex. Local Government Code Sec. 271.025. ADVERTISEMENT FOR BIDS.

  17. Tex. Local Government Code Sec. 271.026. OPENING OF BIDS.

  18. Tex. Local Government Code Sec. 271.027. AWARD OF CONTRACT.

  19. Tex. Local Government Code Sec. 271.0275. SAFETY RECORD OF BIDDER CONSIDERED. In determining who is a responsible bidder, the governmental entity may take into account the safety record of the bidder, of the firm, corporation, partnership, or institution represented by the bidder, or of anyone acting for such a firm, corporation, partnership, or institution if:

  20. Tex. Local Government Code Sec. 271.028. EFFECT OF NONCOMPLIANCE. A contract awarded in violation of this subchapter is void.

  21. Tex. Local Government Code Sec. 271.029. CRIMINAL PENALTIES.

  22. Tex. Local Government Code Sec. 271.041. SHORT TITLE. This subchapter may be cited as the Certificate of Obligation Act of 1971.

  23. Tex. Local Government Code Sec. 271.042. PURPOSE; CONFLICT.

  24. Tex. Local Government Code Sec. 271.043. DEFINITIONS. In this subchapter:

  25. Tex. Local Government Code Sec. 271.044. SUBCHAPTER AVAILABLE TO CERTAIN MUNICIPALITIES.

  26. Tex. Local Government Code Sec. 271.045. PURPOSES FOR WHICH CERTIFICATES MAY BE AUTHORIZED.

  27. Tex. Local Government Code Sec. 271.046. ADDITIONAL PURPOSES FOR CERTIFICATES.

  28. Tex. Local Government Code Sec. 271.0461. ADDITIONAL PURPOSE FOR CERTIFICATES: DEMOLITION OF DANGEROUS STRUCTURES OR RESTORATION OF HISTORIC STRUCTURES. Certificates may be issued by any municipality for the payment of contractual obligations to be incurred in demolishing dangerous structures or restoring historic structures and may be sold for cash, subject to the restrictions and other conditions of Section 271.050.

  29. Tex. Local Government Code Sec. 271.047. AUTHORIZATION OF CERTIFICATES BY ORDINANCE OR ORDER; OTHER PROVISIONS IN CERTIFICATES.

  30. Tex. Local Government Code Sec. 271.048. CLAIMS AND ACCOUNTS; FUNDING AND EXCHANGE.

  31. Tex. Local Government Code Sec. 271.049. NOTICE OF INTENTION TO ISSUE CERTIFICATES; PETITION AND ELECTION.

  32. Tex. Local Government Code Sec. 271.050. SALE OF CERTIFICATES.

  33. Tex. Local Government Code Sec. 271.051. CERTIFICATES AS INVESTMENTS OR AS SECURITY FOR DEPOSITS.

  34. Tex. Local Government Code Sec. 271.052. CERTIFICATES PAYABLE FROM AND SECURED BY OTHER REVENUES.

  35. Tex. Local Government Code Sec. 271.0525. REFINANCING CERTIFICATES ISSUED BY COUNTY.

  36. Tex. Local Government Code Sec. 271.053. CERTIFICATES AS DEBT AND SECURITY. Certificates are debts of the issuer within the meaning of Article XI, Sections 5 and 7, of the Texas Constitution. When delivered, certificates are "security" within the meaning of Chapter 8, Business & Commerce Code, and are general obligations of the issuer within the meaning of Subchapters A and D, Chapter 1207, Government Code.

  37. Tex. Local Government Code Sec. 271.054. COMPETITIVE PROCUREMENT REQUIREMENT. Before the governing body of an issuer may enter into a contract requiring an expenditure by or imposing an obligation or liability on the issuer, or on a subdivision of the issuer if the issuer is a county, of more than $100,000, the governing body must:

  38. Tex. Local Government Code Sec. 271.055. NOTICE TO BIDDERS.

  39. Tex. Local Government Code Sec. 271.056. EXEMPTIONS FROM ADVERTISEMENT REQUIREMENT. The provisions of this subchapter relating to the advertisement for competitive bids do not apply to:

  40. Tex. Local Government Code Sec. 271.0565. PRE-BID CONFERENCE.

  41. Tex. Local Government Code Sec. 271.057. AWARD OF CONTRACT.

  42. Tex. Local Government Code Sec. 271.058. AUTHORITY TO REJECT BIDS. The governing body may reject any and all bids submitted for a contract for which competitive bidding is required by this subchapter.

  43. Tex. Local Government Code Sec. 271.059. CONTRACTOR'S BONDS. If a contract is for the construction of public works and is required by this subchapter to be submitted to competitive bidding, the successful bidder must execute a good and sufficient payment bond and performance bond. The bonds must each be:

  44. Tex. Local Government Code Sec. 271.060. CHANGE ORDERS.

  45. Tex. Local Government Code Sec. 271.061. COMPENSATION ON UNIT PRICE CONTRACTS. If a contract is let on a unit price basis, the compensation paid to the contractor must be based on the actual quantities of items constructed or supplied.

  46. Tex. Local Government Code Sec. 271.062. CERTAIN CONTRACTS NOT REQUIRED TO BE IN WRITING. A contract executed under Section 271.054 or 271.056 is not required to be in writing if the work to be performed under the contract:

  47. Tex. Local Government Code Sec. 271.063. UNCONSTITUTIONAL PROCEDURE CORRECTED BY RESOLUTION OF ISSUER. If a procedure used under this subchapter is held to be in violation of the state or federal constitution, an issuer by resolution may provide an alternative procedure that conforms to the constitution.

  48. Tex. Local Government Code Sec. 271.064. CRIMINAL PENALTIES.

  49. Tex. Local Government Code Sec. 271.081. DEFINITION. In this subchapter, "local government" means a county, municipality, special district, school district, junior college district, a local workforce development board created under Section 2308.253, Government Code, or other legally constituted political subdivision of the state.

  50. Tex. Local Government Code Sec. 271.082. PURCHASING PROGRAM.

  51. Tex. Local Government Code Sec. 271.083. LOCAL GOVERNMENT PARTICIPATION.

  52. Tex. Local Government Code Sec. 271.091. DEFINITIONS. In this subchapter:

  53. Tex. Local Government Code Sec. 271.092. AGREEMENT WITH TEXAS BOND REVIEW BOARD AND COMPTROLLER. Prior to the issuance of any obligation, the governing body of any local government may notify the board of the proposed issuance of an obligation and enter into an agreement with the board to authorize and direct the comptroller to withhold from such local government sufficient money from any payment to which such local government may be entitled and apply so much as shall be necessary to pay the principal of and interest on such obligation then due and to continue withholding additional payments until an amount sufficient to satisfy the amount then due has been met.

  54. Tex. Local Government Code Sec. 271.093. FORM OF AGREEMENT; CONDITIONS.

  55. Tex. Local Government Code Sec. 271.094. NOTICE, DEPOSIT OF DEBT SERVICE, AUTHORIZATION, AND TRANSMITTAL.

  56. Tex. Local Government Code Sec. 271.095. RIGHT TO PLEDGE PAYMENTS.

  57. Tex. Local Government Code Sec. 271.096. ADMINISTRATION, RULES, FEES. The board shall administer the implementation of this subchapter and may adopt rules and set fees necessary for its administration.

  58. Tex. Local Government Code Sec. 271.101. DEFINITIONS. In this subchapter:

  59. Tex. Local Government Code Sec. 271.102. COOPERATIVE PURCHASING PROGRAM PARTICIPATION.

  60. Tex. Local Government Code Sec. 271.103. FEDERAL SUPPLY SCHEDULE SOURCES.

  61. Tex. Local Government Code Sec. 271.151. DEFINITIONS. In this subchapter:

  62. Tex. Local Government Code Sec. 271.152. WAIVER OF IMMUNITY TO SUIT FOR CERTAIN CLAIMS. A local governmental entity that is authorized by statute or the constitution to enter into a contract and that enters into a contract subject to this subchapter waives sovereign immunity to suit for the purpose of adjudicating a claim for breach of the contract, subject to the terms and conditions of this subchapter.

  63. Tex. Local Government Code Sec. 271.153. LIMITATIONS ON ADJUDICATION AWARDS.

  64. Tex. Local Government Code Sec. 271.154. CONTRACTUAL ADJUDICATION PROCEDURES ENFORCEABLE. Adjudication procedures, including requirements for serving notices or engaging in alternative dispute resolution proceedings before bringing a suit or an arbitration proceeding, that are stated in the contract subject to this subchapter or that are established by the local governmental entity and expressly incorporated into the contract or incorporated by reference are enforceable except to the extent those procedures conflict with the terms of this subchapter.

  65. Tex. Local Government Code Sec. 271.155. NO WAIVER OF OTHER DEFENSES. This subchapter does not waive a defense or a limitation on damages available to a party to a contract, other than a bar against suit based on sovereign immunity.

  66. Tex. Local Government Code Sec. 271.156. NO WAIVER OF IMMUNITY TO SUIT IN FEDERAL COURT. This subchapter does not waive sovereign immunity to suit in federal court.

  67. Tex. Local Government Code Sec. 271.157. NO WAIVER OF IMMUNITY TO SUIT FOR TORT LIABILITY. This subchapter does not waive sovereign immunity to suit for a cause of action for a negligent or intentional tort.

  68. Tex. Local Government Code Sec. 271.158. NO GRANT OF IMMUNITY TO SUIT. Nothing in this subchapter shall constitute a grant of immunity to suit to a local governmental entity.

  69. Tex. Local Government Code Sec. 271.160. JOINT ENTERPRISE. A contract entered into by a local government entity is not a joint enterprise for liability purposes.

  70. Tex. Local Government Code Sec. 271.181. DEFINITIONS. In this subchapter:

  71. Tex. Local Government Code Sec. 271.182. APPLICABILITY.

  72. Tex. Local Government Code Sec. 271.186. LIMITATION ON NUMBER OF PROJECTS.

  73. Tex. Local Government Code Sec. 271.901. PROCEDURE FOR AWARDING CONTRACT IF MUNICIPALITY OR DISTRICT RECEIVES IDENTICAL BIDS.

  74. Tex. Local Government Code Sec. 271.902. PROHIBITION OF CONFLICT OF INTEREST IN PURCHASE BY MUNICIPALITY OR COUNTY FROM COOPERATIVE ASSOCIATIONS. If a member of the governing body or an appointed board or commission of a municipality or county belongs to a cooperative association, the municipality or county may purchase equipment or supplies from the association only if no member of the governing body, board, or commission will receive a pecuniary benefit from the purchase, other than as reflected in an increase in dividends distributed generally to members of the association.

  75. Tex. Local Government Code Sec. 271.903. COMMITMENT OF CURRENT REVENUE.

  76. Tex. Local Government Code Sec. 271.904. ENGINEERING, ARCHITECTURAL, OR LAND SURVEYING SERVICES CONTRACTS: INDEMNIFICATION LIMITATIONS; DUTIES OF ENGINEER, ARCHITECT, OR LAND SURVEYOR.

  77. Tex. Local Government Code Sec. 271.9041. APPRAISAL SERVICE CONTRACTS; INDEMNIFICATION LIMITATIONS; DUTIES OF APPRAISER.

  78. Tex. Local Government Code Sec. 271.905. CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS.

  79. Tex. Local Government Code Sec. 271.9051. CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS IN CERTAIN MUNICIPALITIES.

  80. Tex. Local Government Code Sec. 271.906. REVERSE AUCTION METHOD OF PURCHASING.

  81. Tex. Local Government Code Sec. 271.907. VENDORS THAT MEET OR EXCEED AIR QUALITY STANDARDS.

  82. Tex. Local Government Code Sec. 271.908. LOCAL GOVERNMENT CONTRACTS WITH PRIVATE ENTITIES FOR CIVIL WORKS PROJECTS AND IMPROVEMENTS TO REAL PROPERTY.

Chapter 272

  1. Tex. Local Government Code Sec. 272.001. NOTICE OF SALE OR EXCHANGE OF LAND BY POLITICAL SUBDIVISION; EXCEPTIONS.

  2. Tex. Local Government Code Sec. 272.002. CONVEYANCES BY CERTAIN POLITICAL SUBDIVISIONS TO THE UNITED STATES FOR PURPOSES RELATED TO WATERWAYS.

  3. Tex. Local Government Code Sec. 272.003. RENTAL OF OFFICE SPACE BY COUNTY OR MUNICIPALITY FOR UNEMPLOYMENT RELIEF ADMINISTRATION.

  4. Tex. Local Government Code Sec. 272.004. TRANSFERS OF PROPERTY BY CERTAIN POLITICAL SUBDIVISIONS.

  5. Tex. Local Government Code Sec. 272.005. LEASE OF PROPERTY TO GOVERNMENTAL ENTITY.

  6. Tex. Local Government Code Sec. 272.006. SALE OR TRANSFER OF LAW ENFORCEMENT VEHICLE.

Chapter 273

  1. Tex. Local Government Code Sec. 273.001. ACQUISITION OF PROPERTY; EXERCISE OF POLICE POWER.

  2. Tex. Local Government Code Sec. 273.002. CONDEMNATION. Condemnation of property under this chapter shall be in accordance with state law relating to eminent domain, which may be Chapter 21, Property Code, or any other state law governing and relating to the condemnation of land for public use by a municipality.

  3. Tex. Local Government Code Sec. 273.003. NECESSARY ALTERATIONS.

  4. Tex. Local Government Code Sec. 273.004. CONTROL BY A MUNICIPALITY WITHIN ITS CORPORATE LIMITS. This chapter does not affect the existing lawful rights of a municipality to control the streets, alleys, public ways, and other public grounds within its corporate limits.

  5. Tex. Local Government Code Sec. 273.005. MAINTENANCE, IMPROVEMENT, AND OPERATION OF PROPERTY.

  6. Tex. Local Government Code Sec. 273.006. WARRANTS AND BONDS. The governing body of a municipality or the commissioners court of a county for the purpose of purchasing or condemning property under this chapter, and improving or equipping the property, may issue negotiable warrants and bonds of the municipality or of the county and levy taxes to provide for the interest and sinking funds of the warrants and bonds.

  7. Tex. Local Government Code Sec. 273.007. USE; CHARGE FOR USE.

  8. Tex. Local Government Code Sec. 273.008. SPECIAL TAX.

  9. Tex. Local Government Code Sec. 273.009. CUMULATIVE OF MUNICIPAL CHARTER PROVISIONS. This chapter is cumulative of municipal charter provisions relating to the same subject.

Chapter 280

  1. Tex. Local Government Code Sec. 280.001. LAND FOR USE OF UNITED STATES.

  2. Tex. Local Government Code Sec. 280.002. ACQUISITION OF REAL PROPERTY PERMITTED IN CERTAIN CIRCUMSTANCES.

  3. Tex. Local Government Code Sec. 280.003. HOSPITAL SITES IN COUNTY OR MUNICIPALITY.

  4. Tex. Local Government Code Sec. 280.004. REGIONAL BUSINESS CERTIFICATION PROGRAMS.

  5. Tex. Local Government Code Sec. 280.005. FIREARM BUYBACK PROGRAMS PROHIBITED. A municipality or county may not adopt or enforce an ordinance, order, or other measure in which the municipality or county organizes, sponsors, or participates in a program that purchases or offers to purchase firearms with the intent to:

Chapter 281

  1. Tex. Local Government Code Sec. 281.001. SHORT TITLE. This chapter may be cited as the Civic Center Authority Act.

  2. Tex. Local Government Code Sec. 281.002. DEFINITIONS. In this chapter:

  3. Tex. Local Government Code Sec. 281.011. CHARACTERISTICS.

  4. Tex. Local Government Code Sec. 281.012. COMPOSITION.

  5. Tex. Local Government Code Sec. 281.013. PETITION.

  6. Tex. Local Government Code Sec. 281.014. NOTICE.

  7. Tex. Local Government Code Sec. 281.015. HEARING.

  8. Tex. Local Government Code Sec. 281.016. FINAL ORDER AND APPEAL.

  9. Tex. Local Government Code Sec. 281.021. BOARD OF DIRECTORS.

  10. Tex. Local Government Code Sec. 281.022. QUALIFICATIONS. A director must be at least 18 years old and a citizen of the state residing within the boundaries of the authority.

  11. Tex. Local Government Code Sec. 281.023. TERMS OF OFFICE; APPOINTMENTS; VACANCIES.

  12. Tex. Local Government Code Sec. 281.024. BOND; OATHS OF OFFICE.

  13. Tex. Local Government Code Sec. 281.025. OFFICERS.

  14. Tex. Local Government Code Sec. 281.026. BYLAWS. The board may adopt bylaws to govern:

  15. Tex. Local Government Code Sec. 281.027. OFFICE AND MEETING PLACE.

  16. Tex. Local Government Code Sec. 281.028. MEETINGS; NOTICE.

  17. Tex. Local Government Code Sec. 281.029. FEES OF OFFICE. A director is entitled to receive fees of office of not more than $25 a day for each day of service necessary to the discharge of the director's duties, but may not receive more than $100 for any calendar month regardless of the number of days of service during that month.

  18. Tex. Local Government Code Sec. 281.041. ORGANIZATIONAL EXPENSES. The board may pay costs necessarily incurred in the creation and organization of the authority, including the cost of investigating and making plans, an engineer's or architect's report, and other incidental expenses, and may reimburse any person for money advanced for those purposes. The payments may be made from money obtained from the sale of the first bonds issued by the authority.

  19. Tex. Local Government Code Sec. 281.042. MANAGEMENT. The board shall control and manage the affairs of the authority.

  20. Tex. Local Government Code Sec. 281.043. EMPLOYEES.

  21. Tex. Local Government Code Sec. 281.044. FACILITIES.

  22. Tex. Local Government Code Sec. 281.045. DURATION OF CERTAIN LEASES. If an authority leases to or from any person all or part of any facilities constructed or acquired, or to be constructed or acquired, by the authority, the lease may not be for a term longer than 40 years.

  23. Tex. Local Government Code Sec. 281.046. CONTRACTS.

  24. Tex. Local Government Code Sec. 281.047. CONTRACTS OVER $50,000.

  25. Tex. Local Government Code Sec. 281.048. CONSTRUCTION BIDS; CONTRACTS; BONDS.

  26. Tex. Local Government Code Sec. 281.049. FEES; RULES.

  27. Tex. Local Government Code Sec. 281.050. ACQUISITION OF LAND AND OTHER PROPERTY.

  28. Tex. Local Government Code Sec. 281.051. EMINENT DOMAIN.

  29. Tex. Local Government Code Sec. 281.052. SUITS. An authority may, through its directors, sue and be sued in any court of this state in the name of the authority. Service of process may be made by serving three directors. Courts of this state shall take judicial notice of the establishment of an authority.

  30. Tex. Local Government Code Sec. 281.053. COSTS, DEPOSITS, AND APPEAL BONDS. An authority is not required to give bond for appeal or for costs, or to deposit double the amount of an award, in a condemnation suit or other suit to which it is a party.

  31. Tex. Local Government Code Sec. 281.054. COSTS OF RELOCATION. If the relocating, raising, rerouting, changing the grade, or altering the construction of a highway, railroad, electric transmission line, pipeline, or telephone or telegraph property is required by the authority's exercise of the power of eminent domain, power of relocation, or any other power, the required action shall be taken at the sole expense of the authority. "Sole expense" means the actual costs of the required action and of the provision of a comparable replacement that does not enhance the facility after deducting the net salvage value derived from the old facility.

  32. Tex. Local Government Code Sec. 281.055. SURPLUS PROPERTY.

  33. Tex. Local Government Code Sec. 281.056. ADDITION OF MUNICIPALITIES.

  34. Tex. Local Government Code Sec. 281.057. RECORDS. The preservation, microfilming, destruction, or other disposition of the records of the authority is subject to the requirements of Subtitle C, Title 6, Local Government Code, and rules adopted under that subtitle.

  35. Tex. Local Government Code Sec. 281.058. SURETY BOND PREMIUMS. The board may pay the premiums on surety bonds required of officials or employees of the authority out of available funds of the authority, including proceeds from the sale of bonds.

  36. Tex. Local Government Code Sec. 281.059. DEPOSITORY. The board shall designate by order or resolution one or more banks in or out of the authority's boundaries to serve as the depository for the authority's funds. All funds of the authority shall be deposited in its depository unless an order or resolution authorizing the issuance of the authority's bonds requires a different disposition. To the extent that funds in a depository bank are not insured by the Federal Deposit Insurance Corporation, they shall be secured in the manner provided for the security of county funds.

  37. Tex. Local Government Code Sec. 281.060. INVESTMENTS. The board may invest and reinvest authority funds in direct or indirect obligations of the United States, an agency of the United States, the State of Texas, or a county, municipality, school district, or other political subdivision of the state. Funds of the authority may be placed in certificates of deposit of state or national banks or savings and loan associations in the state if the certificates of deposit are secured in the manner provided for the security of county funds.

  38. Tex. Local Government Code Sec. 281.061. FISCAL YEAR; AUDIT.

  39. Tex. Local Government Code Sec. 281.062. SUPPLIES; SEAL.

  40. Tex. Local Government Code Sec. 281.071. ISSUANCE OF BONDS.

  41. Tex. Local Government Code Sec. 281.072. ADDITIONAL SECURITY.

  42. Tex. Local Government Code Sec. 281.073. BOND PROVISIONS.

  43. Tex. Local Government Code Sec. 281.074. SALE OF BONDS. After bonds are issued, the board shall sell the bonds on the best terms and for the best possible price.

  44. Tex. Local Government Code Sec. 281.075. APPROVAL; REGISTRATION.

  45. Tex. Local Government Code Sec. 281.076. BOND PROCEEDS. The board may appropriate or set aside from the proceeds from the sale of bonds an amount for the payment of interest, administrative and operating expenses expected to accrue during the period of construction as provided in the bond resolutions, and expenses incurred and that will be incurred in the issuance, sale, and delivery of the bonds.

  46. Tex. Local Government Code Sec. 281.077. REFUND OF BONDS.

  47. Tex. Local Government Code Sec. 281.078. BONDS AS INVESTMENTS; SECURITY.

  48. Tex. Local Government Code Sec. 281.079. PAID BONDS AND COUPONS. When a bond, interest coupon, note, or warrant of the authority is paid, it shall be delivered to the authority or destroyed. If a bond, coupon, note, or warrant is destroyed, evidence of the destruction shall be furnished to the board.

  49. Tex. Local Government Code Sec. 281.091. AUTHORIZATION; PURPOSES. On terms a municipality considers desirable, fair, and advantageous and with the approval of a majority of the governing body, a municipality may make a contract with a civic center authority under which the authority, for the benefit of the municipality, exercises its authority under Section 281.044. Under the contract, the authority may provide to the municipality all or part of its authorized services and facilities, in or out of the municipality's boundaries. The term of the contract may not be longer than 40 years.

  50. Tex. Local Government Code Sec. 281.092. PAYMENTS.

  51. Tex. Local Government Code Sec. 281.093. CONFLICT WITH MUNICIPAL CHARTER. If this subchapter conflicts with the charter of a home-rule municipality contracting under this subchapter, this subchapter controls.

Chapter 282

  1. Tex. Local Government Code Sec. 282.001. GENERAL AUTHORITY OF HOME-RULE MUNICIPALITY.

  2. Tex. Local Government Code Sec. 282.002. GENERAL AUTHORITY OF GENERAL-LAW MUNICIPALITY.

  3. Tex. Local Government Code Sec. 282.003. AUTHORITY OF HOME-RULE MUNICIPALITY TO GRANT FRANCHISE.

Chapter 283

  1. Tex. Local Government Code Sec. 283.001. STATE POLICY; PURPOSE.

  2. Tex. Local Government Code Sec. 283.002. DEFINITIONS. In this chapter:

  3. Tex. Local Government Code Sec. 283.003. COMMISSION REVIEW.

  4. Tex. Local Government Code Sec. 283.004. APPLICATION. This chapter applies only to municipal regulations and fees imposed on and collected from certificated telecommunications providers.

  5. Tex. Local Government Code Sec. 283.005. INFORMATION.

  6. Tex. Local Government Code Sec. 283.006. FEE REQUIREMENT FOR USE OF RIGHT-OF-WAY.

  7. Tex. Local Government Code Sec. 283.051. RIGHT-OF-WAY FEE.

  8. Tex. Local Government Code Sec. 283.052. EFFECT OF PAYMENT OF RIGHT-OF-WAY FEES TO MUNICIPALITY.

  9. Tex. Local Government Code Sec. 283.053. BASE AMOUNT.

  10. Tex. Local Government Code Sec. 283.054. EXISTING FRANCHISE AGREEMENTS AND ORDINANCES.

  11. Tex. Local Government Code Sec. 283.055. DETERMINATION OF FEES BY COMMISSION.

  12. Tex. Local Government Code Sec. 283.056. MUNICIPAL AUTHORIZATIONS; PROHIBITION ON OTHER FEES AND CHARGES.

  13. Tex. Local Government Code Sec. 283.057. INDEMNITY.

  14. Tex. Local Government Code Sec. 283.058. ADDITIONAL COMMISSION JURISDICTION. The commission shall have the jurisdiction over municipalities and certificated telecommunications providers necessary to enforce this chapter and to ensure that all other legal requirements are enforced in a competitively neutral, non-discriminatory, and reasonable manner.

Chapter 284

  1. Tex. Local Government Code Sec. 284.001. FINDINGS AND POLICY.

  2. Tex. Local Government Code Sec. 284.002. DEFINITIONS. In this chapter:

  3. Tex. Local Government Code Sec. 284.003. LIMITATION ON SIZE OF NETWORK NODES.

  4. Tex. Local Government Code Sec. 284.051. APPLICABILITY OF SUBCHAPTER. This subchapter applies only to activities related to transport facilities for network nodes, activities of a network provider collocating network nodes in the public right-of-way or installing, constructing, operating, modifying, replacing, and maintaining node support poles in a public right-of-way, and municipal authority in relation to those activities.

  5. Tex. Local Government Code Sec. 284.052. EXCLUSIVE USE PROHIBITED. A municipality may not enter into an exclusive arrangement with any person for use of the public right-of-way for the construction, operation, marketing, or maintenance of network nodes or node support poles.

  6. Tex. Local Government Code Sec. 284.053. ANNUAL PUBLIC RIGHT-OF-WAY RATE.

  7. Tex. Local Government Code Sec. 284.054. PUBLIC RIGHT-OF-WAY RATE ADJUSTMENT.

  8. Tex. Local Government Code Sec. 284.055. USE OF PUBLIC RIGHT-OF-WAY AND APPLICABLE RATE.

  9. Tex. Local Government Code Sec. 284.056. COLLOCATION OF NETWORK NODES ON SERVICE POLES. A municipality, subject to an agreement with the municipality that does not conflict with this chapter, shall allow collocation of network nodes on service poles on nondiscriminatory terms and conditions and at a rate not greater than $20 per year per service pole.

  10. Tex. Local Government Code Sec. 284.057. PROHIBITION ON OTHER COMPENSATION. A municipality may not require a network provider to pay any compensation other than the compensation authorized by this chapter for the right to use a public right-of-way for network nodes, node support poles, or transport facilities for network nodes.

  11. Tex. Local Government Code Sec. 284.101. RIGHT OF ACCESS TO PUBLIC RIGHT-OF-WAY.

  12. Tex. Local Government Code Sec. 284.102. GENERAL CONSTRUCTION AND MAINTENANCE REQUIREMENTS. A network provider shall construct and maintain network nodes and node support poles described by Section 284.101 in a manner that does not:

  13. Tex. Local Government Code Sec. 284.103. GENERAL LIMITATION ON PLACEMENT OF POLES. A network provider shall ensure that each new, modified, or replacement utility pole or node support pole installed in a public right-of-way in relation to which the network provider received approval of a permit application does not exceed the lesser of:

  14. Tex. Local Government Code Sec. 284.104. INSTALLATION IN MUNICIPAL PARKS AND RESIDENTIAL AREAS.

  15. Tex. Local Government Code Sec. 284.105. INSTALLATION IN HISTORIC OR DESIGN DISTRICTS.

  16. Tex. Local Government Code Sec. 284.106. EQUIPMENT CABINETS. A network provider shall ensure that the vertical height of an equipment cabinet installed as part of a network node does not exceed the height limitation prescribed by Section 284.003, subject to approval of the pole's owner if applicable.

  17. Tex. Local Government Code Sec. 284.107. COMPLIANCE WITH UNDERGROUNDING REQUIREMENT.

  18. Tex. Local Government Code Sec. 284.108. DESIGN MANUAL.

  19. Tex. Local Government Code Sec. 284.109. EXCEPTIONS. Subject to Subchapter D, a network provider may construct, modify, or maintain in a public right-of-way a network node or node support pole that exceeds the height or distance limitations prescribed by this chapter only if the municipality approves the construction, modification, or maintenance subject to all applicable zoning or land use regulations and applicable codes.

  20. Tex. Local Government Code Sec. 284.110. DISCRIMINATION PROHIBITED. A municipality, in the exercise of the municipality's administrative and regulatory authority related to the management of and access to the public right-of-way, must be competitively neutral with regard to other users of the public right-of-way.

  21. Tex. Local Government Code Sec. 284.151. PROHIBITION OF CERTAIN MUNICIPAL ACTIONS.

  22. Tex. Local Government Code Sec. 284.152. AUTHORITY TO REQUIRE PERMIT.

  23. Tex. Local Government Code Sec. 284.153. GENERAL PROCESS RELATING TO PERMIT APPLICATION.

  24. Tex. Local Government Code Sec. 284.154. MUNICIPAL REVIEW PROCESS.

  25. Tex. Local Government Code Sec. 284.155. TIME OF INSTALLATION.

  26. Tex. Local Government Code Sec. 284.156. APPLICATION FEES.

  27. Tex. Local Government Code Sec. 284.157. CERTAIN WORK EXEMPTED.

  28. Tex. Local Government Code Sec. 284.201. USE OF MUNICIPALLY OWNED UTILITY POLES.

  29. Tex. Local Government Code Sec. 284.251. DEFINITIONS. In this subchapter:

  30. Tex. Local Government Code Sec. 284.252. EFFECT ON INVESTOR-OWNED ELECTRIC UTILITIES, ELECTRIC COOPERATIVES, TELEPHONE COOPERATIVES, AND TELECOMMUNICATIONS PROVIDERS. Nothing in this chapter shall govern attachment of network nodes on poles and other structures owned or operated by investor-owned electric utilities, electric cooperatives, telephone cooperatives, or telecommunications providers. This chapter does not confer on municipalities any new authority over those utilities, cooperatives, or providers.

  31. Tex. Local Government Code Sec. 284.253. EFFECT ON PROVIDERS OF CABLE SERVICES OR VIDEO SERVICES.

  32. Tex. Local Government Code Sec. 284.301. LOCAL POLICE-POWER-BASED REGULATIONS.

  33. Tex. Local Government Code Sec. 284.302. INDEMNIFICATION. The indemnification provisions of Sections 283.057(a) and

  34. Tex. Local Government Code Sec. 284.303. RELOCATION. Except as provided in existing state and federal law, a network provider shall relocate or adjust network nodes in a public right-of-way in a timely manner and without cost to the municipality managing the public right-of-way.

  35. Tex. Local Government Code Sec. 284.304. INTERFERENCE.

Chapter 291

  1. Tex. Local Government Code Sec. 291.001. PROVIDING AND MAINTAINING COUNTY BUILDINGS. The commissioners court of a county shall:

  2. Tex. Local Government Code Sec. 291.002. OFFICES AT COUNTY SEAT. The county judge, sheriff, clerks of the district and county courts, county treasurer, tax assessor-collector, county surveyor, and county attorney shall keep their offices at the county seat.

  3. Tex. Local Government Code Sec. 291.003. CONTROL OF COURTHOUSE. The county sheriff shall have charge and control of the county courthouse, subject to the regulations of the commissioners court.

  4. Tex. Local Government Code Sec. 291.004. PROVISION OF OFFICES, SUPPLIES, AND COURTROOMS TO CERTAIN JUSTICES OF THE PEACE.

  5. Tex. Local Government Code Sec. 291.005. MAINTENANCE EMPLOYEES IN COUNTIES WITH POPULATION OF MORE THAN 500,000.

  6. Tex. Local Government Code Sec. 291.006. PRIVATE BUSINESS ON PUBLIC PROPERTY.

  7. Tex. Local Government Code Sec. 291.007. NONBINDING REFERENDUM ON COUNTY PROPERTY MATTER. The commissioners court of a county with a population of less than 40,000 may order a nonbinding referendum in the county on any matter affecting county property. The referendum must be held on an authorized uniform election date as provided by Chapter 41, Election Code.

  8. Tex. Local Government Code Sec. 291.010. SECURITY SERVICES IDENTIFICATION CARD.

  9. Tex. Local Government Code Sec. 291.011. ADVERTISING INSIDE CERTAIN COUNTY FACILITIES.

Chapter 292

  1. Tex. Local Government Code Sec. 292.001. AUTHORITY FOR BUILDINGS OTHER THAN COURTHOUSE; LEASE TO OTHER PERSONS; LOCATION OF JUSTICE OF PEACE COURT.

  2. Tex. Local Government Code Sec. 292.002. FACILITIES OUTSIDE COUNTY SEAT.

  3. Tex. Local Government Code Sec. 292.0025. FACILITIES OUTSIDE COUNTY SEAT IN CERTAIN COUNTIES.

  4. Tex. Local Government Code Sec. 292.003. FACILITIES IN CERTAIN MUNICIPALITIES OUTSIDE COUNTY SEAT.

  5. Tex. Local Government Code Sec. 292.004. FACILITIES WITHIN MUNICIPALITY DESIGNATED AS COUNTY SEAT.

  6. Tex. Local Government Code Sec. 292.005. ISSUANCE OF BOAT AND OUTBOARD MOTOR CERTIFICATES AT BRANCH OFFICES. Each office of the tax assessor-collector away from the courthouse that maintains a permanent, full-time employee shall accept applications for and issue boat certificates of number, boat certificates of title, and outboard motor certificates of title, as provided for by Subchapters B and B-1, Chapter 31, Parks and Wildlife Code.

  7. Tex. Local Government Code Sec. 292.006. BRANCH OFFICE OF COUNTY CLERK.

  8. Tex. Local Government Code Sec. 292.021. FACILITIES IN CERTAIN COUNTIES WITH POPULATIONS OF 90,001 TO 225,000.

  9. Tex. Local Government Code Sec. 292.022. FACILITIES IN CERTAIN COUNTIES WITH POPULATIONS OVER 110,000.

  10. Tex. Local Government Code Sec. 292.023. FACILITIES IN CERTAIN COUNTIES.

  11. Tex. Local Government Code Sec. 292.0231. FACILITIES IN COUNTIES WITH POPULATIONS UNDER 30,000.

  12. Tex. Local Government Code Sec. 292.024. TAX ASSESSOR-COLLECTOR FACILITIES IN COUNTIES WITH LARGE MUNICIPALITIES. The commissioners court of a county may by order authorize the tax assessor-collector to maintain a branch office in a municipality with a population of 5,000 or more, other than the county seat, and to appoint a deputy assessor-collector for the branch office. The salary of a deputy assessor-collector and the expenses of the branch office are necessary expenses of the tax assessor-collector and shall be paid as the expenses of the tax assessor-collector are paid.

  13. Tex. Local Government Code Sec. 292.025. FACILITIES IN CERTAIN COUNTIES.

  14. Tex. Local Government Code Sec. 292.026. TAX ASSESSOR-COLLECTOR FACILITIES IN CERTAIN COUNTIES WITH POPULATIONS OVER 70,000.

  15. Tex. Local Government Code Sec. 292.027. TAX ASSESSOR-COLLECTOR FACILITIES IN CERTAIN COUNTIES.

  16. Tex. Local Government Code Sec. 292.028. MAINTENANCE OF CERTAIN TAX OFFICES.

  17. Tex. Local Government Code Sec. 292.029. COURT FACILITIES IN POPULOUS COUNTIES.

  18. Tex. Local Government Code Sec. 292.030. FACILITIES IN UNINCORPORATED AREA OF COUNTY.

  19. Tex. Local Government Code Sec. 292.031. FACILITIES OUTSIDE COUNTY SEAT IN CERTAIN COUNTIES.

Chapter 293

  1. Tex. Local Government Code Sec. 293.001. SHORT TITLE. This chapter may be cited as the County Building Authority Act.

  2. Tex. Local Government Code Sec. 293.002. DEFINITIONS. In this chapter:

  3. Tex. Local Government Code Sec. 293.003. COUNTIES SUBJECT TO CHAPTER. This chapter applies only to a county that:

  4. Tex. Local Government Code Sec. 293.004. COUNTY BUILDING STUDY COMMITTEE.

  5. Tex. Local Government Code Sec. 293.021. ELECTION; COUNTY BUILDING AUTHORITY.

  6. Tex. Local Government Code Sec. 293.022. PURPOSES OF AUTHORITY. The purposes of the authority are to construct, acquire, improve, equip, furnish, maintain, and operate a county building adequate to meet the county's needs. In planning the building, the authority may consider the anticipated population and economic growth of the county and the demands that this growth will create for space for county activities.

  7. Tex. Local Government Code Sec. 293.023. BOARD OF DIRECTORS.

  8. Tex. Local Government Code Sec. 293.024. EMPLOYEES.

  9. Tex. Local Government Code Sec. 293.025. COMPTROLLER.

  10. Tex. Local Government Code Sec. 293.026. POWERS OF AUTHORITY.

  11. Tex. Local Government Code Sec. 293.027. OPERATION OF AUTHORITY.

  12. Tex. Local Government Code Sec. 293.028. DEPOSITORY. The authority may:

  13. Tex. Local Government Code Sec. 293.029. INVESTMENT OF FUNDS. The investment of and security for authority funds is governed, to the extent applicable, by the law governing investment of and security for a county's funds. The bond resolution or trust indenture may provide further restrictions on the investment.

  14. Tex. Local Government Code Sec. 293.030. LAW AFFECTING CERTAIN CONTRACTS. The board, in connection with a contract for construction or for purchase of equipment and material that requires expenditure or payment of $2,000 or more, shall comply with Subchapter C, Chapter 262.

  15. Tex. Local Government Code Sec. 293.031. UNDERGROUND SHELTER. The authority may include a civil defense shelter in underground facilities constructed under this chapter. In connection with this shelter the authority may:

  16. Tex. Local Government Code Sec. 293.032. POWER OF COUNTY.

  17. Tex. Local Government Code Sec. 293.033. PROVISION OF FACILITIES BY COUNTY. This chapter does not alter the authority of the commissioners court to provide county facilities that the commissioners court considers necessary for the convenience of the people in populated areas.

  18. Tex. Local Government Code Sec. 293.034. TRANSFER OF ASSETS TO COUNTY; DISSOLUTION. On payment of all of its indebtedness, the authority shall convey all of its assets to the county, without cost to the county. On this conveyance, the authority is dissolved.

  19. Tex. Local Government Code Sec. 293.051. REVENUE BONDS.

  20. Tex. Local Government Code Sec. 293.052. JUNIOR LIEN BONDS; PARITY BONDS.

  21. Tex. Local Government Code Sec. 293.053. EXAMINATION AND APPROVAL.

  22. Tex. Local Government Code Sec. 293.054. LEGAL AND AUTHORIZED INVESTMENTS.

  23. Tex. Local Government Code Sec. 293.055. REFUNDING BONDS.

  24. Tex. Local Government Code Sec. 293.056. INITIAL INTEREST. The board may set aside the following money from the proceeds from the sale of bonds:

Chapter 301

  1. Tex. Local Government Code Sec. 301.001. AUTHORITY TO ESTABLISH RECREATIONAL OR CULTURAL FACILITY.

  2. Tex. Local Government Code Sec. 301.002. FINANCING OF RECREATIONAL OR CULTURAL FACILITY. The recreational or cultural facility may be financed out of the general revenues of the county and the municipality in proportions that the commissioners court of the county and the governing body of the municipality decide are appropriate.

  3. Tex. Local Government Code Sec. 301.003. DELEGATION OF AUTHORITY TO BOARD OF MANAGERS; DONATIONS.

  4. Tex. Local Government Code Sec. 301.004. COMPOSITION AND TERMS OF OFFICE OF BOARD OF MANAGERS.

  5. Tex. Local Government Code Sec. 301.005. CHAIRMAN AND OTHER OFFICERS. Each year the board shall elect a chairman. The chairman shall preside over board meetings and shall sign the contracts, agreements, and other instruments made by the board on behalf of the county and the municipality. The board may elect other officers.

  6. Tex. Local Government Code Sec. 301.006. AUTHORITY OF BOARD TO CONTRACT. The board may make any contract connected with or incidental to establishing, equipping, maintaining, or operating the recreational or cultural facility and may expend funds set aside by the county and the municipality for purposes connected with operating and maintaining the recreational or cultural facility. However, the board may not bind the county or the municipality to make an expenditure of funds not specifically appropriated by the county or the municipality for the benefit of the recreational or cultural facility.

  7. Tex. Local Government Code Sec. 301.007. FINANCIAL STATEMENT AND BUDGET.

  8. Tex. Local Government Code Sec. 301.008. PERSONNEL. The board may employ a superintendent or manager of the recreational or cultural facility. The superintendent or manager, with the consent of the board, may employ permanent or temporary personnel that are necessary for the maintenance and operation of the recreational or cultural facility.

Chapter 302

  1. Tex. Local Government Code Sec. 302.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 302.002. ENERGY SAVINGS PERFORMANCE CONTRACTS.

  3. Tex. Local Government Code Sec. 302.003. PAYMENT AND PERFORMANCE BOND. Notwithstanding any other law, before entering into an energy savings performance contract, the governing body of the local government shall require the provider of the energy or water conservation or usage measures to file with the governing body a payment and performance bond relating to the installation of the measures in accordance with Chapter 2253, Government Code. The governing body may also require a separate bond to cover the value of the guarantee.

  4. Tex. Local Government Code Sec. 302.004. METHOD OF FINANCING; TERMS OF CONTRACT.

  5. Tex. Local Government Code Sec. 302.005. BIDDING PROCEDURES; AWARD OF CONTRACT.

  6. Tex. Local Government Code Sec. 302.006. METER GUARANTEES.

  7. Tex. Local Government Code Sec. 302.007. EXEMPTION FROM OTHER CONTRACTING LAW. Chapter 2269, Government Code, does not apply to this chapter.

  8. Tex. Local Government Code Sec. 302.008. ENFORCEMENT.

Chapter 303

  1. Tex. Local Government Code Sec. 303.001. SHORT TITLE. This chapter may be cited as the Public Facility Corporation Act.

  2. Tex. Local Government Code Sec. 303.002. PURPOSE; CONSTRUCTION.

  3. Tex. Local Government Code Sec. 303.003. DEFINITIONS. In this chapter:

  4. Tex. Local Government Code Sec. 303.004. ADOPTION OF ALTERNATE PROCEDURE IN CASE OF CONSTITUTIONAL VIOLATION. If a court holds that a procedure under this chapter violates the federal or state constitution, a corporation or its sponsor by resolution may provide an alternate procedure that conforms to the constitution.

  5. Tex. Local Government Code Sec. 303.005. EFFECT OF CHAPTER ON OTHER LAW.

  6. Tex. Local Government Code Sec. 303.006. LIMITATION OF CHAPTER. This chapter does not authorize a sponsor to issue a sponsor obligation, use a letter of credit, or mortgage a public facility.

  7. Tex. Local Government Code Sec. 303.007. NATURAL GAS AS PUBLIC FACILITY. Natural gas purchased by a corporation for resale to a local government under an interlocal cooperation contract described by Section 791.025, Government Code, between the sponsor and the local government is considered a public facility for the purposes of this chapter.

  8. Tex. Local Government Code Sec. 303.021. AUTHORITY TO CREATE.

  9. Tex. Local Government Code Sec. 303.022. CREATION UNDER OTHER LAW. A nonprofit corporation created by a housing authority under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes), regardless of the date the corporation is created, is considered a corporation under this chapter, has the rights and powers necessary or convenient to accomplish a corporation's purposes under this chapter, and is subject to the requirements of this chapter.

  10. Tex. Local Government Code Sec. 303.023. PROCEDURE. A governing body of a sponsor that determines that it is in the public interest and to the benefit of the sponsor's residents and the citizens of this state that a corporation be created to finance, refinance, or provide the costs of public facilities of the sponsor may by resolution stating that determination:

  11. Tex. Local Government Code Sec. 303.024. ARTICLES OF INCORPORATION.

  12. Tex. Local Government Code Sec. 303.025. CERTIFICATE OF INCORPORATION; BEGINNING OF CORPORATE EXISTENCE.

  13. Tex. Local Government Code Sec. 303.026. ORGANIZATIONAL MEETING.

  14. Tex. Local Government Code Sec. 303.027. AMENDMENT OF ARTICLES OF INCORPORATION.

  15. Tex. Local Government Code Sec. 303.028. CERTIFICATE OF AMENDMENT.

  16. Tex. Local Government Code Sec. 303.029. RESTATED ARTICLES OF INCORPORATION.

  17. Tex. Local Government Code Sec. 303.030. RESTATED CERTIFICATE OF INCORPORATION.

  18. Tex. Local Government Code Sec. 303.031. REGISTERED OFFICE AND AGENT.

  19. Tex. Local Government Code Sec. 303.032. CHANGE OF REGISTERED OFFICE OR AGENT.

  20. Tex. Local Government Code Sec. 303.033. RESIGNATION OF REGISTERED AGENT.

  21. Tex. Local Government Code Sec. 303.034. AGENTS FOR SERVICE.

  22. Tex. Local Government Code Sec. 303.035. BOARD.

  23. Tex. Local Government Code Sec. 303.036. OFFICERS.

  24. Tex. Local Government Code Sec. 303.037. INDEMNIFICATION.

  25. Tex. Local Government Code Sec. 303.038. BYLAWS.

  26. Tex. Local Government Code Sec. 303.039. COMMITTEES.

  27. Tex. Local Government Code Sec. 303.040. MEETINGS; QUORUM.

  28. Tex. Local Government Code Sec. 303.041. CORPORATION'S GENERAL POWERS.

  29. Tex. Local Government Code Sec. 303.0415. APPLICABILITY OF LAWS RELATING TO CONFLICT OF INTEREST. A member of the board of a corporation or a member of the governing body of a sponsor of a corporation is subject to the same restrictions as a local public official under Chapter 171.

  30. Tex. Local Government Code Sec. 303.042. TAXATION; EXEMPTION.

  31. Tex. Local Government Code Sec. 303.0421. MULTIFAMILY RESIDENTIAL DEVELOPMENTS OWNED BY PUBLIC FACILITY CORPORATIONS.

  32. Tex. Local Government Code Sec. 303.0425. ADDITIONAL REQUIREMENTS FOR BENEFICIAL TAX TREATMENT RELATING TO CERTAIN PUBLIC FACILITIES.

  33. Tex. Local Government Code Sec. 303.0426. AUDIT REQUIREMENTS FOR CERTAIN MULTIFAMILY RESIDENTIAL DEVELOPMENTS.

  34. Tex. Local Government Code Sec. 303.043. NET EARNINGS. No part of a corporation's net earnings remaining after payment of its bonds and expenses in accomplishing its public purpose may benefit a person other than the sponsor of the corporation.

  35. Tex. Local Government Code Sec. 303.044. OPEN MEETINGS; OPEN RECORDS. A corporation and its board of directors are considered to be governmental bodies under Chapters 551 and 552, Government Code.

  36. Tex. Local Government Code Sec. 303.045. ALTERATION OF CORPORATION OR ACTIVITIES. The sponsor of a corporation, in its sole discretion, may alter the corporation's structure, organization, programs, or activities, consistent with the other provisions of this chapter and subject to limitations provided by law relating to the impairment of contracts entered into by the corporation.

  37. Tex. Local Government Code Sec. 303.046. EXAMINATION OF BOOKS AND RECORDS. A representative of the sponsor may examine all books and other records of the corporation at any time.

  38. Tex. Local Government Code Sec. 303.047. WAIVER OF NOTICE. If a notice is required to be given to a director by this chapter, the articles of incorporation, or the bylaws, a written waiver of the notice signed by the person entitled to the notice, before or after the time that would have been stated in the notice, is equivalent to giving the notice.

  39. Tex. Local Government Code Sec. 303.071. AUTHORITY TO ISSUE. With the specific approval by resolution of the governing body of its sponsor, a corporation may issue or incur bonds, including refunding bonds, to finance, refinance, or provide one or more public facilities.

  40. Tex. Local Government Code Sec. 303.072. SOURCE OF PAYMENT.

  41. Tex. Local Government Code Sec. 303.073. TERMS.

  42. Tex. Local Government Code Sec. 303.074. USE OF PROCEEDS.

  43. Tex. Local Government Code Sec. 303.075. REFUNDING OBLIGATIONS.

  44. Tex. Local Government Code Sec. 303.076. APPROVAL OF BONDS BY OTHER ENTITIES. Except as required by Chapter 1202, Government Code, and Section 303.071 a corporation may issue bonds, acquire sponsor obligations, and enter into credit agreements under this chapter without the consent or approval of any other subdivision or agency of this state.

  45. Tex. Local Government Code Sec. 303.077. PERFECTION OF SECURITY INTEREST.

  46. Tex. Local Government Code Sec. 303.078. PURCHASE OF SPONSOR OBLIGATIONS. A sponsor may sell its sponsor obligations to a corporation that the sponsor has created at public or private sale on the terms the governing body of the sponsor determines.

  47. Tex. Local Government Code Sec. 303.101. DISSOLUTION AUTHORIZED. After a corporation's bonds and other obligations are paid and discharged, or adequate provision is made for their payment and discharge, the sponsor's governing body by written resolution may authorize and direct the dissolution of the corporation.

  48. Tex. Local Government Code Sec. 303.102. ARTICLES OF DISSOLUTION.

  49. Tex. Local Government Code Sec. 303.103. CERTIFICATE OF DISSOLUTION.

  50. Tex. Local Government Code Sec. 303.104. EXTENSION OF DURATION. If a corporation is dissolved by expiration of its duration, the corporation may amend its articles of incorporation to extend its duration before the third anniversary of the date of dissolution.

  51. Tex. Local Government Code Sec. 303.105. VESTING PROPERTY IN SPONSORING ENTITY. The title to all funds and other property owned by a corporation when it dissolves automatically vests in the corporation's sponsor without further conveyance, transfer, or other act.

  52. Tex. Local Government Code Sec. 303.106. RIGHTS, CLAIMS, AND LIABILITIES BEFORE DISSOLUTION.

  53. Tex. Local Government Code Sec. 303.121. ADMINISTRATION OF CHAPTER. The secretary of state may act as reasonably necessary to efficiently administer this chapter and to perform the duties imposed by this chapter.

  54. Tex. Local Government Code Sec. 303.122. FEES.

  55. Tex. Local Government Code Sec. 303.123. NOTICE AND APPEAL OF DISAPPROVAL.

  56. Tex. Local Government Code Sec. 303.124. DOCUMENTS AS PRIMA FACIE EVIDENCE. A court, public office, or official body shall receive the following documents as prima facie evidence of the facts, or the existence or nonexistence of the facts, stated in the documents:

Chapter 304

  1. Tex. Local Government Code Sec. 304.001. AGGREGATION BY POLITICAL SUBDIVISIONS.

  2. Tex. Local Government Code Sec. 304.002. AGGREGATION BY POLITICAL SUBDIVISION FOR CITIZENS.

Chapter 305

  1. Tex. Local Government Code Sec. 305.001. JOINT CONSTRUCTION AND MAINTENANCE OF BUILDINGS BY CERTAIN COUNTIES AND MUNICIPALITIES.

  2. Tex. Local Government Code Sec. 305.011. MUNICIPALITY AND COUNTY COVERED BY SUBCHAPTER. This subchapter applies only to:

  3. Tex. Local Government Code Sec. 305.012. SALE BY COUNTY. The commissioners court of the county may sell to a municipality a coliseum or stadium owned and operated by it and related land and facilities if the court finds that:

  4. Tex. Local Government Code Sec. 305.013. TERMS OF AGREEMENT. The sale agreement shall be on the terms, including the price, on which the county and municipality agree. However, the price may not be less than the amount of the outstanding bonds of the county issued for the purpose of constructing and equipping the coliseum or stadium.

  5. Tex. Local Government Code Sec. 305.014. PAYMENTS BY MUNICIPALITY.

  6. Tex. Local Government Code Sec. 305.015. DELIVERY OF DEED. A sale under this subchapter must be effected by delivery of a deed, with a reservation of any vendor's liens on the facilities as may be appropriate in connection with the selected method for payment of the purchase price, from the county with the approval of the commissioners court and acceptance by the municipality in accordance with the sale agreement.

  7. Tex. Local Government Code Sec. 305.016. MUNICIPAL POWERS. After the delivery of the deed, the municipality is the complete and total owner of the coliseum or stadium and the related land and facilities conveyed and may:

  8. Tex. Local Government Code Sec. 305.017. SALE BY MUNICIPALITY.

Chapter 306

  1. Tex. Local Government Code Sec. 306.001. ELIGIBLE MUNICIPALITIES. This chapter applies only to home-rule municipalities with a population of more than 40,000.

  2. Tex. Local Government Code Sec. 306.002. DEFINITION. In this chapter, "board" means the park board of trustees.

  3. Tex. Local Government Code Sec. 306.003. CUMULATIVE EFFECT WITH CHARTER PROVISIONS. This chapter is cumulative of home-rule charter provisions, but this chapter takes precedence in the event of a conflict.

  4. Tex. Local Government Code Sec. 306.011. CREATION OF BOARD. The governing body of the municipality by ordinance may create a board to be known as the Park Board of Trustees for the purpose of acquiring, improving, equipping, maintaining, financing, or operating parks.

  5. Tex. Local Government Code Sec. 306.012. COMPOSITION; TERM.

  6. Tex. Local Government Code Sec. 306.013. VACANCY. A vacancy on the board shall be filled by appointment of the governing body of the municipality.

  7. Tex. Local Government Code Sec. 306.014. COMPENSATION; EXPENSES. A trustee serves without compensation, but is entitled to be reimbursed for necessary expenses, including travel expenses, incurred in the performance of official duties.

  8. Tex. Local Government Code Sec. 306.015. BOND; OATH.

  9. Tex. Local Government Code Sec. 306.016. ORGANIZATION; MEETINGS.

  10. Tex. Local Government Code Sec. 306.017. RECORDS; AUDIT.

  11. Tex. Local Government Code Sec. 306.018. SEAL. The board shall adopt a seal, and the seal shall be placed on each lease, deed, or other instrument usually executed under seal. The seal may be placed on other instruments as required by the board.

  12. Tex. Local Government Code Sec. 306.031. MANAGEMENT OF PARKS AND FACILITIES.

  13. Tex. Local Government Code Sec. 306.032. ADDITIONAL POWERS: COASTAL MUNICIPALITIES WITH POPULATION OF LESS THAN 80,000.

  14. Tex. Local Government Code Sec. 306.033. LAND ACQUIRED IN NAME OF BOARD; SALE OF LAND. Any interest in land acquired by lease or otherwise and used in connection with a park under this chapter may be acquired in the name of the board. The interest may be sold only if:

  15. Tex. Local Government Code Sec. 306.034. GIFTS. The board may accept and receive from any person, and may expend, gifts of money or other things of value for the purpose of performing any function or authority conferred on the board by this chapter.

  16. Tex. Local Government Code Sec. 306.035. PUBLIC FUNDS. The board may accept and receive from the municipality, and may expend, funds appropriated by the municipality for the purpose of improving, equipping, maintaining, operating, and promoting recreational and other facilities under the board's management and control.

  17. Tex. Local Government Code Sec. 306.036. DEPOSITORIES. The money belonging to or under the control of the board shall be deposited and secured substantially in the manner prescribed by law for municipal funds.

  18. Tex. Local Government Code Sec. 306.037. ADVERTISING. The board may advertise the municipality's recreational advantages for the purpose of attracting visitors, tourists, residents, and other users of the public facilities operated by the board.

  19. Tex. Local Government Code Sec. 306.038. CONTRACTS; OPERATING AGREEMENTS.

  20. Tex. Local Government Code Sec. 306.039. RULES. The board may adopt and enforce reasonable rules, including rules establishing a means of enforcing other rules, relating to the use of parks and facilities under the management and control of the board, including use by the public or by lessees, concessionaires, or other persons carrying on a business activity within the area of the parks and facilities.

  21. Tex. Local Government Code Sec. 306.040. PERSONNEL.

  22. Tex. Local Government Code Sec. 306.041. SUITS; LEGAL SERVICES.

  23. Tex. Local Government Code Sec. 306.051. REVENUE BONDS.

  24. Tex. Local Government Code Sec. 306.052. BOND APPROVAL AND REGISTRATION.

  25. Tex. Local Government Code Sec. 306.053. BONDS AS NEGOTIABLE INSTRUMENTS AND AUTHORIZED INVESTMENTS.

  26. Tex. Local Government Code Sec. 306.054. REFUNDING BONDS.

  27. Tex. Local Government Code Sec. 306.055. TAX BONDS.

Chapter 307

  1. Tex. Local Government Code Sec. 307.001. ELIGIBLE MUNICIPALITIES. A municipality that borders on the Gulf of Mexico and has a population of 50,000 or more may use and occupy for park purposes gulf tidelands and adjacent water as provided by this chapter.

  2. Tex. Local Government Code Sec. 307.002. PROPERTY SUBJECT TO PARK USE.

  3. Tex. Local Government Code Sec. 307.003. DEFINITION. In this chapter, "park land" means the land to which the municipality is granted use and occupancy for park purposes by this chapter.

  4. Tex. Local Government Code Sec. 307.004. RIGHTS UNAFFECTED.

  5. Tex. Local Government Code Sec. 307.005. ADDITIONAL POWERS. The powers granted a municipality by this chapter are in addition to any other power conferred by law.

  6. Tex. Local Government Code Sec. 307.021. MANAGEMENT AND DEVELOPMENT OF PARK; PIER.

  7. Tex. Local Government Code Sec. 307.022. ACQUISITION OF PRIVATE LANDS FOR PARK. The municipality may acquire by gift or purchase any interest in privately owned land within the limits of the municipality for use for park purposes in connection with the pier as the governing body of the municipality determines is necessary.

  8. Tex. Local Government Code Sec. 307.023. LEASES AND OPERATING AGREEMENTS.

  9. Tex. Local Government Code Sec. 307.041. TAX BONDS.

  10. Tex. Local Government Code Sec. 307.042. REVENUE OBLIGATIONS.

  11. Tex. Local Government Code Sec. 307.043. ISSUANCE OF REVENUE OBLIGATIONS.

  12. Tex. Local Government Code Sec. 307.044. REFUNDING REVENUE BONDS.

  13. Tex. Local Government Code Sec. 307.045. BONDS AS NEGOTIABLE INSTRUMENTS AND AUTHORIZED INVESTMENTS.

  14. Tex. Local Government Code Sec. 307.046. ADDITIONAL TAX; TIME WARRANTS.

Chapter 308

  1. Tex. Local Government Code Sec. 308.001. DEFINITION. In this chapter, "band" means a band composed of musical instruments recognized in the standard instrumentation established for use in United States Army bands.

  2. Tex. Local Government Code Sec. 308.002. ESTABLISHMENT AND MAINTENANCE.

  3. Tex. Local Government Code Sec. 308.003. ELECTION.

  4. Tex. Local Government Code Sec. 308.004. ELECTION TO DISCONTINUE BAND.

  5. Tex. Local Government Code Sec. 308.005. FREQUENCY OF ELECTIONS. A municipality may not hold two elections under this chapter within a period of less than two years.

  6. Tex. Local Government Code Sec. 308.006. ORDINANCES. The governing body of the municipality may adopt any ordinance or resolution to enable the municipality to maintain the band.

  7. Tex. Local Government Code Sec. 308.007. CITIZEN COMMISSION. The governing body of the municipality shall appoint a nonpartisan citizen commission composed of three, four, or five members to negotiate contracts, formulate rules, and do all other things necessary or proper to establish, control, and maintain the band.

  8. Tex. Local Government Code Sec. 308.008. EFFECT OF LAW ON OTHER POWERS. This chapter does not affect any special charter granted by the legislature, or any charter adopted by the voters, before August 23, 1925.

Chapter 309

  1. Tex. Local Government Code Sec. 309.001. ARTS AND ENTERTAINMENT DISTRICTS.

Chapter 315

  1. Tex. Local Government Code Sec. 315.001. MUNICIPAL PARKS OUTSIDE MUNICIPAL LIMITS: CHARGES; CUMULATIVE EFFECT WITH CHARTER PROVISIONS; LIABILITY.

  2. Tex. Local Government Code Sec. 315.002. ESTABLISHMENT OF MUNICIPAL STREETS THROUGH CERTAIN PARKS.

  3. Tex. Local Government Code Sec. 315.003. IMPROVEMENT OF PUBLIC GROUNDS BY TYPE A GENERAL-LAW MUNICIPALITY. A Type A general-law municipality may provide for the enclosing of, and regulate and improve, all public grounds belonging to the municipality, and may direct and regulate the planting and preserving of ornaments and shade trees along streets and sidewalks and in public grounds.

  4. Tex. Local Government Code Sec. 315.004. SPECIAL ASSESSMENT TO PAY FOR PARKS: MUNICIPALITY WITH 12,000 OR MORE INHABITANTS.

  5. Tex. Local Government Code Sec. 315.005. MUNICIPAL LIBRARY IN TYPE A GENERAL-LAW MUNICIPALITY. A Type A general-law municipality may establish a free library in the municipality, adopt rules for the proper management of the library, and appropriate municipal revenues for the library's management or improvement.

  6. Tex. Local Government Code Sec. 315.006. LIABILITY FOR ADVERSELY AFFECTING HISTORIC STRUCTURE OR PROPERTY.

Chapter 316

  1. Tex. Local Government Code Sec. 316.001. AUTHORITY TO SET AND COLLECT FEES. Except as provided by Section 316.002, the commissioners court of a county may set and collect fees:

  2. Tex. Local Government Code Sec. 316.002. EXCEPTIONS. This chapter does not authorize the commissioners court to set or collect a fee:

  3. Tex. Local Government Code Sec. 316.003. AMOUNT OF FEES.

  4. Tex. Local Government Code Sec. 316.004. SPECIAL CIRCUMSTANCES; WAIVER. The commissioners court may set and collect the fees in different amounts or may waive the fees in consideration of the following factors:

  5. Tex. Local Government Code Sec. 316.005. DISPOSITION OF FEES. Fees collected under this chapter shall be deposited in the general fund of the county, and fees collected for admission to a county park may be used only to maintain or improve the county park the admission for which the fees were collected.

  6. Tex. Local Government Code Sec. 316.021. MUSEUMS AND HISTORIC SITES IN POPULOUS COUNTIES.

  7. Tex. Local Government Code Sec. 316.022. MUSEUMS AND HISTORIC SITES IN CERTAIN COUNTIES OPERATED BY NONPROFIT ORGANIZATIONS.

Chapter 317

  1. Tex. Local Government Code Sec. 317.001. HEARING. On the application of any person, the commissioners court of a county shall hold a hearing to determine if land dedicated as a county park is undesirable for park purposes and if the park should be closed and abandoned. The commissioners court may conduct such a hearing on its own motion.

  2. Tex. Local Government Code Sec. 317.002. NOTICE OF HEARING.

  3. Tex. Local Government Code Sec. 317.003. ACTION AT HEARING.

  4. Tex. Local Government Code Sec. 317.004. EFFECT OF ABANDONMENT.

Chapter 318

  1. Tex. Local Government Code Sec. 318.001. DEFINITION. In this subchapter, "commission" means the county historical commission.

  2. Tex. Local Government Code Sec. 318.002. ESTABLISHMENT. The commissioners court of a county may appoint a county historical commission for the purpose of initiating and conducting programs suggested by the commissioners court and the Texas Historical Commission for the preservation of the county's historic cultural resources. Programs suggested by the Texas Historical Commission must be consistent with the statewide preservation plan. In suggesting programs, the Texas Historical Commission shall consider the fiscal and human resources the county has to conduct the programs.

  3. Tex. Local Government Code Sec. 318.003. COMPOSITION; TERM.

  4. Tex. Local Government Code Sec. 318.004. APPOINTMENT BY STATE. If the commissioners court fails to appoint a commission by April 1 of each odd-numbered year, the Texas Historical Commission may appoint the commission after 30 days' written notice to the commissioners court of its intention to do so. The county judge shall serve as commission chair during any interim period.

  5. Tex. Local Government Code Sec. 318.005. MEETINGS.

  6. Tex. Local Government Code Sec. 318.006. RESOURCE IDENTIFICATION.

  7. Tex. Local Government Code Sec. 318.007. EDUCATION. The commission should strive to create countywide awareness and appreciation of historic preservation and its benefits and uses.

  8. Tex. Local Government Code Sec. 318.008. REPORTS AND RECOMMENDATIONS.

  9. Tex. Local Government Code Sec. 318.009. FISCAL AND HUMAN RESOURCES.

  10. Tex. Local Government Code Sec. 318.010. RESOURCE INTERPRETATION.

  11. Tex. Local Government Code Sec. 318.0101. PLANNING. The commission should work in partnership with other preservation entities in the county to prepare a plan for the preservation of the county's historic and cultural resources. The commission should use the Texas Historical Commission's statewide preservation plan for guidance.

  12. Tex. Local Government Code Sec. 318.0102. LEADERSHIP AND TRAINING.

  13. Tex. Local Government Code Sec. 318.012. HISTORIC SITE TAX EXEMPTION.

  14. Tex. Local Government Code Sec. 318.013. CONTRACTS FOR LEASE OR MANAGEMENT OF LANDMARKS.

  15. Tex. Local Government Code Sec. 318.021. APPROPRIATIONS TO HISTORICAL FOUNDATIONS: CERTAIN COUNTIES. The commissioners court of a county with a population of 239,000 to 825,000 may appropriate money from the general fund of the county to a historical foundation or organization in the county for the purpose of purchasing, constructing, restoring, preserving, maintaining, or reconstructing historical landmarks, buildings, and furnishings that are of historical significance to the county. The foundation or organization must be incorporated under the law of this state as a nonprofit corporation.

Chapter 319

  1. Tex. Local Government Code Sec. 319.001. ANNUAL EXHIBITS. The commissioners court of a county may provide for annual exhibits of horticultural, agricultural, livestock, mineral, and other products that are of interest to the community.

  2. Tex. Local Government Code Sec. 319.002. MUSEUMS, BUILDINGS, AND IMPROVEMENTS. To aid in the exhibition of products listed in Section 319.001, the commissioners court of a county may establish and maintain a museum, building, or other improvement in the county or at any other location in the United States at which a fair or exposition is being held.

  3. Tex. Local Government Code Sec. 319.003. COOPERATIVE EFFORTS.

  4. Tex. Local Government Code Sec. 319.004. CONTRACTS AND LEASES.

  5. Tex. Local Government Code Sec. 319.005. REVENUE. The commissioners court of a county may use the net revenue derived from the use of a building, improvement, or exhibit authorized by this chapter or by Subchapter B, Chapter 1473, Government Code, for the management, operation, maintenance, development, improvement, or promotion of activities authorized under this chapter or under Subchapter B, Chapter 1473, Government Code, or for any other public purpose.

Chapter 320

  1. Tex. Local Government Code Sec. 320.001. ELIGIBLE COUNTIES. The commissioners court of a county with a population of 5,000 or more by order may adopt this chapter for the purpose of acquiring, improving, equipping, maintaining, financing, and operating one or more public parks.

  2. Tex. Local Government Code Sec. 320.002. DEFINITION. In this chapter, "board" means the board of park commissioners.

  3. Tex. Local Government Code Sec. 320.003. CREATION OF PARKS BOARD.

  4. Tex. Local Government Code Sec. 320.004. EXERCISE OF POWERS BY COMMISSIONERS COURT.

  5. Tex. Local Government Code Sec. 320.021. COMPOSITION; TERM; QUALIFICATIONS.

  6. Tex. Local Government Code Sec. 320.022. VACANCY. A vacancy on the board shall be filled by appointment of the commissioners court for the unexpired term.

  7. Tex. Local Government Code Sec. 320.023. OATH; BOND.

  8. Tex. Local Government Code Sec. 320.024. CERTIFICATE OF APPOINTMENT. A certificate of appointment executed by the county judge and attested by the county clerk shall be filed in the office of the county clerk. The certificate is conclusive evidence of the proper appointment of the park commissioner.

  9. Tex. Local Government Code Sec. 320.025. ORGANIZATION; MEETINGS.

  10. Tex. Local Government Code Sec. 320.026. EXPENSES. A park commissioner is entitled to compensation for all necessary expenses, including travel expenses, incurred in the performance of park commissioner duties.

  11. Tex. Local Government Code Sec. 320.027. CONFLICT OF INTEREST.

  12. Tex. Local Government Code Sec. 320.028. SEAL. The board shall adopt a seal, and the seal shall be placed on each lease, deed, or other instrument usually executed under seal and on any other instrument as required by the board.

  13. Tex. Local Government Code Sec. 320.041. OPERATION AND MAINTENANCE OF PARKS.

  14. Tex. Local Government Code Sec. 320.042. PERSONNEL.

  15. Tex. Local Government Code Sec. 320.043. DEPOSITORIES AND DISBURSEMENTS; AUDITS.

  16. Tex. Local Government Code Sec. 320.044. CONTRACTS.

  17. Tex. Local Government Code Sec. 320.045. RULES. Subject to the approval of the commissioners court, the board may adopt reasonable rules concerning the use of any park administered by the board.

  18. Tex. Local Government Code Sec. 320.0455. RULES IN CERTAIN COUNTIES; PENALTY FOR VIOLATIONS.

  19. Tex. Local Government Code Sec. 320.046. GRANTS. The board may accept grants and gratuities in any form and from any source approved by the board and the commissioners court, including the government of the United States, this state, a public or private corporation, or any other person, for the benefit of one or more parks administered by the board or for the use of the board with respect to one or more of those parks.

  20. Tex. Local Government Code Sec. 320.047. FINANCIAL STATEMENT; BUDGET.

  21. Tex. Local Government Code Sec. 320.048. SUITS; LEGAL SERVICES.

  22. Tex. Local Government Code Sec. 320.049. RECORDS. The board shall keep a complete account of each board meeting and proceeding and shall maintain the records of the board in a secure manner. The records are the property of the board and are subject to inspection by the commissioners court and other county officers at all reasonable times during office hours on business days. The preservation, microfilming, destruction, or other disposition of the records of the board is subject to the requirements of Subtitle C, Title 6, Local Government Code, and rules adopted under that subtitle.

  23. Tex. Local Government Code Sec. 320.050. SUPERVISION BY COMMISSIONERS COURT.

  24. Tex. Local Government Code Sec. 320.071. ISSUANCE; PURPOSE.

  25. Tex. Local Government Code Sec. 320.072. ELECTION.

  26. Tex. Local Government Code Sec. 320.073. PLEDGE OF REVENUES.

  27. Tex. Local Government Code Sec. 320.074. PROCEEDS.

  28. Tex. Local Government Code Sec. 320.075. APPROVAL AND REGISTRATION.

  29. Tex. Local Government Code Sec. 320.076. FEES AND REVENUE.

  30. Tex. Local Government Code Sec. 320.077. REFUNDING BONDS.

  31. Tex. Local Government Code Sec. 320.078. BONDS NOT STATE OR COUNTY DEBT.

  32. Tex. Local Government Code Sec. 320.079. MISCELLANEOUS PROVISIONS.

Chapter 321

  1. Tex. Local Government Code Sec. 321.001. ELIGIBLE COUNTIES.

  2. Tex. Local Government Code Sec. 321.002. DEFINITION. In this chapter, "board" means the board of park commissioners.

  3. Tex. Local Government Code Sec. 321.003. CREATION OF PARKS BOARD. The commissioners court by order may create a board to be known as the Board of Park Commissioners.

  4. Tex. Local Government Code Sec. 321.004. EXERCISE OF POWERS BY COMMISSIONERS COURT.

  5. Tex. Local Government Code Sec. 321.021. COMPOSITION; TERM; QUALIFICATIONS.

  6. Tex. Local Government Code Sec. 321.022. VACANCY. A vacancy on the board shall be filled by appointment of the county judge for the unexpired term.

  7. Tex. Local Government Code Sec. 321.023. OATH; BOND.

  8. Tex. Local Government Code Sec. 321.024. CERTIFICATE OF APPOINTMENT. A certificate of appointment executed by the county judge and attested by the county clerk shall be filed with the county clerk. The certificate is conclusive evidence of the proper appointment of the commissioner.

  9. Tex. Local Government Code Sec. 321.025. ORGANIZATION; MEETINGS.

  10. Tex. Local Government Code Sec. 321.026. EXPENSES. A park commissioner's approved compensation and expenses shall be paid in due time by the board's check or warrant.

  11. Tex. Local Government Code Sec. 321.027. CONFLICT OF INTEREST.

  12. Tex. Local Government Code Sec. 321.028. SEAL. The board shall adopt a seal, and the seal shall be placed on each lease, deed, or other instrument usually executed under seal and on other instruments as required by the board.

  13. Tex. Local Government Code Sec. 321.041. PERSONNEL.

  14. Tex. Local Government Code Sec. 321.042. DEPOSITORIES AND DISBURSEMENTS.

  15. Tex. Local Government Code Sec. 321.043. CONTRACTS.

  16. Tex. Local Government Code Sec. 321.044. LEASES AND OPERATING AGREEMENTS.

  17. Tex. Local Government Code Sec. 321.045. RULES. The board may adopt reasonable rules applicable to tenants, concessioners, residents, and users of park facilities regulating hunting, fishing, boating, camping, and all other recreational and business privileges in the parks under the control of the board.

  18. Tex. Local Government Code Sec. 321.046. GRANTS. The board may accept grants and gratuities in any form from any source approved by the board, including the government of the United States, this state, a public or private corporation, or any other person, for the purpose of promoting, establishing, or accomplishing the objectives, purposes, and powers provided by this chapter.

  19. Tex. Local Government Code Sec. 321.047. FINANCIAL STATEMENT; BUDGET.

  20. Tex. Local Government Code Sec. 321.048. SUITS; LEGAL SERVICES.

  21. Tex. Local Government Code Sec. 321.049. RECORDS. The board shall keep a complete account of each board meeting and proceeding and shall maintain the records of the board in a secure manner. Those records are the property of the board and are subject to inspection by the commissioners court at all reasonable times during office hours on business days. The preservation, microfilming, destruction, or other disposition of the records of the board is subject to the requirements of Subtitle C, Title 6, Local Government Code, and rules adopted under that subtitle.

  22. Tex. Local Government Code Sec. 321.071. ISSUANCE; PURPOSE.

  23. Tex. Local Government Code Sec. 321.072. PLEDGE OF REVENUES.

  24. Tex. Local Government Code Sec. 321.073. PROCEEDS.

  25. Tex. Local Government Code Sec. 321.074. APPROVAL AND REGISTRATION.

  26. Tex. Local Government Code Sec. 321.075. FEES AND REVENUE.

  27. Tex. Local Government Code Sec. 321.076. REFUNDING BONDS.

  28. Tex. Local Government Code Sec. 321.077. BONDS NOT STATE OR COUNTY DEBT.

  29. Tex. Local Government Code Sec. 321.078. MISCELLANEOUS PROVISIONS.

  30. Tex. Local Government Code Sec. 321.101. APPLICABILITY. Notwithstanding Section 321.001, this subchapter applies only to:

  31. Tex. Local Government Code Sec. 321.102. RULES. The commissioners court of a county by order may adopt reasonable rules on camping, access, litter, resource protection, or waste disposal if the rules:

  32. Tex. Local Government Code Sec. 321.103. OFFENSE.

Chapter 322

  1. Tex. Local Government Code Sec. 322.001. ELIGIBLE COUNTIES. Two adjacent counties that each have a population of 2.1 million or more may create a joint park board in accordance with this chapter for the purpose of providing one or more public parks for the two counties.

  2. Tex. Local Government Code Sec. 322.002. DEFINITION. In this chapter, "board" means the Joint Board of Park Commissioners.

  3. Tex. Local Government Code Sec. 322.003. CREATION OF JOINT PARKS BOARD.

  4. Tex. Local Government Code Sec. 322.004. MUNICIPAL CONVEYANCE OF LAND TO BOARD. Any municipality contained in either of the counties may sell land owned by it to the board or to the counties if the governing body of the municipality finds that the land is not required for municipal purposes. The sale must be authorized by ordinance and does not require an election.

  5. Tex. Local Government Code Sec. 322.005. EXERCISE OF POWERS BY COMMISSIONERS COURT. If establishment of the board is declared by a court to be invalid, the commissioners court of the counties acting jointly may ratify any prior action taken by the board and may exercise the powers granted to the board by this chapter.

  6. Tex. Local Government Code Sec. 322.021. COMPOSITION; TERM; QUALIFICATIONS.

  7. Tex. Local Government Code Sec. 322.022. VACANCY. A vacancy on the board shall be filled by appointment by the governor.

  8. Tex. Local Government Code Sec. 322.023. OATH; BOND.

  9. Tex. Local Government Code Sec. 322.024. ORGANIZATION; MEETINGS.

  10. Tex. Local Government Code Sec. 322.025. EXPENSES. The expenses of a commissioner must be approved by the commissioners court of the county the commissioner represents, and when approved must be paid in due time by the board's check or warrant.

  11. Tex. Local Government Code Sec. 322.026. CONFLICT OF INTEREST.

  12. Tex. Local Government Code Sec. 322.027. SEAL. The board shall adopt a seal, and the seal shall be placed on each lease, deed, or other instrument required to be executed under seal.

  13. Tex. Local Government Code Sec. 322.041. PERSONNEL.

  14. Tex. Local Government Code Sec. 322.042. DEPOSITORIES AND DISBURSEMENTS.

  15. Tex. Local Government Code Sec. 322.043. CONTRACTS.

  16. Tex. Local Government Code Sec. 322.044. LEASES AND OPERATING AGREEMENTS.

  17. Tex. Local Government Code Sec. 322.045. RULES. The board may adopt reasonable rules applicable to tenants, concessionaires, residents, and users of park facilities, regulating hunting, fishing, boating, camping, and other recreational and business privileges in parks under the control of the board.

  18. Tex. Local Government Code Sec. 322.046. GRANTS. The board may accept grants and gratuities in any form from any source approved by the board, including the government of the United States, this state, the commissioners court of either county or an agency of either county, a public or private corporation, or any other person, for the purpose of promoting, establishing, or accomplishing the objectives, purposes, and powers provided by this chapter.

  19. Tex. Local Government Code Sec. 322.047. FINANCIAL STATEMENT; BUDGET.

  20. Tex. Local Government Code Sec. 322.048. SUITS. The board constitutes a body corporate and politic and may sue and be sued in its own name.

  21. Tex. Local Government Code Sec. 322.049. NO TAXING POWER. The board may not levy a tax for any purpose.

  22. Tex. Local Government Code Sec. 322.050. RECORDS. The board shall keep a complete account of each board meeting and proceeding and shall maintain the records of the board in a secure manner. Those records are the property of the board and are subject to inspection by either of the commissioners courts at all reasonable times during office hours on business days. The preservation, microfilming, destruction, or other disposition of the records of the board is subject to the requirements of Subtitle C, Title 6, Local Government Code, and rules adopted under that subtitle.

  23. Tex. Local Government Code Sec. 322.071. ISSUANCE; PURPOSE.

  24. Tex. Local Government Code Sec. 322.072. PLEDGE OF REVENUES.

  25. Tex. Local Government Code Sec. 322.073. PROCEEDS.

  26. Tex. Local Government Code Sec. 322.074. APPROVAL AND REGISTRATION.

  27. Tex. Local Government Code Sec. 322.075. FEES AND REVENUE.

  28. Tex. Local Government Code Sec. 322.076. REFUNDING BONDS.

  29. Tex. Local Government Code Sec. 322.077. BONDS NOT STATE OR COUNTY DEBT.

  30. Tex. Local Government Code Sec. 322.078. MISCELLANEOUS PROVISIONS.

Chapter 323

  1. Tex. Local Government Code Sec. 323.001. ESTABLISHMENT AND MAINTENANCE.

  2. Tex. Local Government Code Sec. 323.002. MAINTENANCE FUNDS. The commissioners court annually may set aside from the general fund or the permanent improvement fund of the county an amount to be used to maintain or to make a permanent improvement or acquire land for the county library. The amount may not exceed 12 cents on the $100 valuation of all property:

  3. Tex. Local Government Code Sec. 323.003. GIFTS. The commissioners court may receive a gift, bequest, or devise for the county library or a branch or subdivision of the library. Title to property given, bequeathed, or devised to the county library vests in the county. A gift or bequest made for the benefit of a branch of the library shall be administered as designated by the donor.

  4. Tex. Local Government Code Sec. 323.004. FARMERS' COUNTY LIBRARY. In a county that has a farmers' county library established under prior law, the library shall continue to operate as a farmers' county library, but if a county library is established in the county, the farmers' county library shall become a part of the county library.

  5. Tex. Local Government Code Sec. 323.005. LIBRARIAN.

  6. Tex. Local Government Code Sec. 323.006. SUPERVISION. The county library is under the general supervision of the commissioners court. It is also under the supervision of the state librarian who, in person or by an assistant, shall periodically visit the library, inquire as to its condition, advise the librarian and the commissioners court about the library, and give whatever assistance possible in matters that relate to the library.

  7. Tex. Local Government Code Sec. 323.007. LIBRARY FUND. Funds of the county library shall be deposited in a separate fund to be known as the county free library fund and may be used only for library purposes. The funds are under the custody of the county treasurer or any other county official designated to discharge the duties commonly assigned to the county treasurer.

  8. Tex. Local Government Code Sec. 323.008. PARTICIPATION WITH A MUNICIPALITY.

  9. Tex. Local Government Code Sec. 323.009. PARTICIPATION WITH A COUNTY.

  10. Tex. Local Government Code Sec. 323.010. JOINT LIBRARY.

  11. Tex. Local Government Code Sec. 323.011. PARTICIPATION WITH AN ESTABLISHED LIBRARY.

  12. Tex. Local Government Code Sec. 323.012. PARTICIPATION WITH A PRIVATELY OWNED LIBRARY. The commissioners court of a county that has established a county library may contract with a privately owned library that serves an area of the county not adequately served by the county library to provide county library service to that area. The contract may require that the privately owned library submit to any reasonable regulation that is imposed on governmental libraries.

  13. Tex. Local Government Code Sec. 323.013. DISCONTINUATION OF LIBRARY. A county library may be discontinued on petition of a majority of the voters in that part of the county that maintains the library. The commissioners court shall, on termination of existing contracts, call in and inventory all books and other movable property of the discontinued library and shall store the property under lock and seal in a suitable place in the county courthouse.

  14. Tex. Local Government Code Sec. 323.021. ESTABLISHMENT AND MAINTENANCE.

  15. Tex. Local Government Code Sec. 323.022. GIFTS. The commissioners court may receive any gift or bequest to the law library. Title to a gift or bequest vests in the county. A conditional gift or bequest shall be administered as designated by the donor.

  16. Tex. Local Government Code Sec. 323.023. LAW LIBRARY FUND.

  17. Tex. Local Government Code Sec. 323.024. MANAGEMENT.

  18. Tex. Local Government Code Sec. 323.025. CLAIMS. A claim against the law library shall be handled as other claims against the county.

  19. Tex. Local Government Code Sec. 323.051. ACQUISITION AND LOCATION OF LIBRARY.

  20. Tex. Local Government Code Sec. 323.052. COUNTY LIBRARY BONDS.

  21. Tex. Local Government Code Sec. 323.071. LIBRARY FINES.

  22. Tex. Local Government Code Sec. 323.072. ABUSE OF COUNTY LIBRARY SERVICES.

Chapter 324

  1. Tex. Local Government Code Sec. 324.001. ELIGIBLE COUNTIES. In a county that has river frontage on both the Guadalupe and Comal rivers, a district may be created for all or part of the unincorporated area in the county to:

  2. Tex. Local Government Code Sec. 324.002. DEFINITIONS. In this chapter:

  3. Tex. Local Government Code Sec. 324.021. ORDER OF ELECTION.

  4. Tex. Local Government Code Sec. 324.022. NOTICE OF HEARING.

  5. Tex. Local Government Code Sec. 324.023. HEARING.

  6. Tex. Local Government Code Sec. 324.024. CREATION ELECTION.

  7. Tex. Local Government Code Sec. 324.025. COSTS OF CREATION AND ORGANIZATION. The costs necessarily incurred in the creation and organization of the district may be paid from the district's revenue from bond anticipation notes, the first revenue bonds issued by the district, or any other source.

  8. Tex. Local Government Code Sec. 324.041. COMPOSITION AND APPOINTMENT OF BOARD.

  9. Tex. Local Government Code Sec. 324.042. OATH AND BOND.

  10. Tex. Local Government Code Sec. 324.043. COMPENSATION AND REIMBURSEMENT. A board member is not entitled to compensation but is entitled to reimbursement for necessary expenses, including travel expenses, incurred in performing the duties of a board member. A board member's reimbursement for necessary expenses, in excess of $250, shall be approved by the commissioners court. A board member's approved expense account shall be paid in due time by the board's check or warrant.

  11. Tex. Local Government Code Sec. 324.044. QUORUM; MAJORITY VOTE. Four board members constitute a quorum of the board. The board may act on the majority of the vote of the assembled quorum.

  12. Tex. Local Government Code Sec. 324.045. APPROVAL OF COMMISSIONERS COURT.

  13. Tex. Local Government Code Sec. 324.046. ORGANIZATION; MEETINGS.

  14. Tex. Local Government Code Sec. 324.061. DEPOSITORIES AND DISBURSEMENTS.

  15. Tex. Local Government Code Sec. 324.062. PERSONNEL.

  16. Tex. Local Government Code Sec. 324.063. SEAL. The board shall adopt a seal to place on each lease, deed, or other instrument usually executed under seal and on other instruments as the board requires.

  17. Tex. Local Government Code Sec. 324.064. CONTRACTS.

  18. Tex. Local Government Code Sec. 324.065. SUITS. The board may sue and be sued in its own name.

  19. Tex. Local Government Code Sec. 324.066. DISTRICT RULES AND ORDINANCES; CRIMINAL PENALTY; CIVIL ENFORCEMENT.

  20. Tex. Local Government Code Sec. 324.0665. BOND. If the board brings an action to enforce this subchapter or enjoin a violation of a rule or ordinance adopted by the board under this subchapter, the board is not required to post a bond.

  21. Tex. Local Government Code Sec. 324.067. POWER TO ACQUIRE PROPERTY.

  22. Tex. Local Government Code Sec. 324.068. SALE OR LEASE OF LANDS.

  23. Tex. Local Government Code Sec. 324.069. ACCEPTANCE OF GRANTS AND GRATUITIES. To promote, establish, or accomplish a purpose of this chapter, the board may:

  24. Tex. Local Government Code Sec. 324.070. COOPERATION WITH OTHER PUBLIC AUTHORITIES. Under an agreement with a public authority in control of parkland in the county, the district may assume control of all or part of the parkland within the district or contiguous to the district or may contract or cooperate with the public authority in connection with the use, development, improvement, and protection of the parkland.

  25. Tex. Local Government Code Sec. 324.071. IMPROVEMENT OF PUBLIC HIGHWAY. The board may enter into agreements with the public authorities in control of a highway in a park area or connecting two or more park areas to make alterations in the route or width of the highway, or to grade, drain, pave, or otherwise improve the highway.

  26. Tex. Local Government Code Sec. 324.072. PLAN FOR DEVELOPMENT OF PARKS; ANNUAL BUDGET; FILING.

  27. Tex. Local Government Code Sec. 324.091. REVENUE BOND ELECTION.

  28. Tex. Local Government Code Sec. 324.092. REVENUE BONDS.

  29. Tex. Local Government Code Sec. 324.093. APPROVAL BY ATTORNEY GENERAL.

  30. Tex. Local Government Code Sec. 324.094. REFUNDING BONDS. The district may issue refunding bonds under Chapter 1207, Government Code.

  31. Tex. Local Government Code Sec. 324.095. PERMANENT IMPROVEMENTS ON LAND WITH RIVER FRONTAGE.

  32. Tex. Local Government Code Sec. 324.096. FEES.

  33. Tex. Local Government Code Sec. 324.097. FINANCIAL STATEMENT; BUDGET.

  34. Tex. Local Government Code Sec. 324.098. BOND ANTICIPATION NOTES.

  35. Tex. Local Government Code Sec. 324.099. IMPOSITION AND COLLECTION OF TAXES; CRIMINAL PENALTY.

  36. Tex. Local Government Code Sec. 324.0995. TAX EXEMPTIONS.

  37. Tex. Local Government Code Sec. 324.100. DISPOSITION OF REVENUE. In addition to any other purpose or obligation of a district, a district may use its tax revenue and other revenue for:

  38. Tex. Local Government Code Sec. 324.101. REPLACEMENT FUND.

  39. Tex. Local Government Code Sec. 324.121. ANNEXATION.

  40. Tex. Local Government Code Sec. 324.122. EFFECT OF INCORPORATION OR ANNEXATION. The incorporation of a political subdivision or the annexation of any part of a park district by a political subdivision does not affect the district's boundaries.

  41. Tex. Local Government Code Sec. 324.123. DISANNEXATION.

  42. Tex. Local Government Code Sec. 324.124. DISSOLUTION OF DISTRICT.

  43. Tex. Local Government Code Sec. 324.901. REQUIREMENTS FOR RENTAL OF WATER-ORIENTED RECREATIONAL EQUIPMENT.

Chapter 325

  1. Tex. Local Government Code Sec. 325.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 325.002. CREATION AND PURPOSE OF DISTRICT. The commissioners court of a county by order may create a sports facility district to finance and effect the construction, acquisition, or operation of a sports facility to serve the county.

  3. Tex. Local Government Code Sec. 325.003. BOUNDARIES. A sports facility district is composed of the area of the county that created the district.

  4. Tex. Local Government Code Sec. 325.011. BOARD OF DIRECTORS; TERM OF OFFICE.

  5. Tex. Local Government Code Sec. 325.012. VACANCY ON BOARD. A vacancy on the board shall be filled by appointment of the remaining members. The person appointed to fill the vacancy shall serve only for the unexpired term.

  6. Tex. Local Government Code Sec. 325.013. COMPENSATION. Each director is entitled to receive an amount set by the board in its budget, not to exceed $25 a day, for each day the director is actually engaged in performing services for the district.

  7. Tex. Local Government Code Sec. 325.014. ORGANIZATION OF BOARD.

  8. Tex. Local Government Code Sec. 325.015. OTHER OFFICERS.

  9. Tex. Local Government Code Sec. 325.016. GENERAL MANAGER.

  10. Tex. Local Government Code Sec. 325.017. PERSONNEL.

  11. Tex. Local Government Code Sec. 325.018. OFFICE. The board shall maintain an office within the boundaries of the district for conducting the business of the district.

  12. Tex. Local Government Code Sec. 325.019. MEETINGS OF BOARD. The board shall hold regular meetings at the district's office at least once each month on a date established by rule of the board.

  13. Tex. Local Government Code Sec. 325.020. MINUTES AND RECORDS.

  14. Tex. Local Government Code Sec. 325.021. SEAL. The board shall adopt a seal for the district.

  15. Tex. Local Government Code Sec. 325.031. GENERAL POWERS. To carry out this chapter, the district may:

  16. Tex. Local Government Code Sec. 325.032. CONTRACTS. The board may enter into contracts as provided by this subchapter, and those contracts shall be executed by the board in the name of the district.

  17. Tex. Local Government Code Sec. 325.033. RULES. The board may adopt rules to carry out this subchapter.

  18. Tex. Local Government Code Sec. 325.034. SUITS; PAYMENT OF JUDGMENTS.

  19. Tex. Local Government Code Sec. 325.035. INSURANCE. The board may purchase insurance insuring the district and its employees for any liability incurred under this chapter and may purchase insurance coverage to cover losses of district property.

  20. Tex. Local Government Code Sec. 325.036. ACQUISITION OF PROPERTY FOR SITE.

  21. Tex. Local Government Code Sec. 325.037. EMINENT DOMAIN.

  22. Tex. Local Government Code Sec. 325.038. DISTRICT TO ENTER INTO CONSTRUCTION CONTRACTS. The district may contract with any person to construct or improve any part of a sports facility.

  23. Tex. Local Government Code Sec. 325.039. BIDS ON CONTRACTS FOR CONSTRUCTION. Construction contracts requiring an expenditure of more than $15,000 may be made only after competitive bidding as provided by Subchapter B, Chapter 271, Local Government Code.

  24. Tex. Local Government Code Sec. 325.040. CHANGE ORDERS. After a construction contract is awarded, if the district determines that additional work is needed or if the character or type of work, facilities, or improvements should be changed, the board may authorize change orders to the contract on terms the board approves. A change made under this section may not increase or decrease the total cost of the contract by more than 25 percent. The board may grant authority to an official or employee responsible for purchasing or for administering a contract to approve a change order that involves an increase or decrease of $50,000 or less.

  25. Tex. Local Government Code Sec. 325.041. ATTACHMENTS TO CONSTRUCTION CONTRACTS. A construction contract must contain, or have attached to it, the specifications, plans, and details for work included in the contract, and work shall be done according to those plans and specifications under the supervision of the district.

  26. Tex. Local Government Code Sec. 325.042. EXECUTION AND AVAILABILITY OF CONSTRUCTION CONTRACTS.

  27. Tex. Local Government Code Sec. 325.043. CONTRACTOR'S BOND.

  28. Tex. Local Government Code Sec. 325.044. MONITORING CONSTRUCTION WORK.

  29. Tex. Local Government Code Sec. 325.045. PAYMENT FOR CONSTRUCTION WORK.

  30. Tex. Local Government Code Sec. 325.046. CONTRACTS FOR PURCHASE OF VEHICLES, EQUIPMENT, AND SUPPLIES OVER $5,000.

  31. Tex. Local Government Code Sec. 325.047. FEES AND CHARGES.

  32. Tex. Local Government Code Sec. 325.061. FISCAL YEAR.

  33. Tex. Local Government Code Sec. 325.062. ANNUAL AUDIT. Annually, the board shall have an audit made of the financial condition of the district.

  34. Tex. Local Government Code Sec. 325.063. ANNUAL BUDGET.

  35. Tex. Local Government Code Sec. 325.064. AMENDING BUDGET. After the annual budget is adopted, the board may amend the budget.

  36. Tex. Local Government Code Sec. 325.065. LIMITATION ON EXPENDITURES. Money may not be spent for an expense not included in the annual budget or an amendment to it.

  37. Tex. Local Government Code Sec. 325.066. SWORN STATEMENT. As soon as practicable after the close of the fiscal year, the general manager shall prepare for the board a sworn statement of the amount of money that belongs to the district and an account of the disbursements of that money.

  38. Tex. Local Government Code Sec. 325.067. DEPOSITORY.

  39. Tex. Local Government Code Sec. 325.068. INVESTMENTS.

  40. Tex. Local Government Code Sec. 325.069. REPAYMENT OF ORGANIZATIONAL EXPENSES.

  41. Tex. Local Government Code Sec. 325.070. BORROWING MONEY. The district may borrow money for any purpose authorized under this chapter or any combination of those purposes.

  42. Tex. Local Government Code Sec. 325.081. ISSUANCE OF BONDS. The board may issue revenue bonds in the name of the district to acquire land and construct facilities as provided by this chapter.

  43. Tex. Local Government Code Sec. 325.082. MANNER OF REPAYMENT OF BONDS. The board may provide for the payment of the principal of and interest on the bonds from revenues of the district, including fees and lease income.

  44. Tex. Local Government Code Sec. 325.083. FORM OF BONDS.

  45. Tex. Local Government Code Sec. 325.084. PROVISIONS OF BONDS.

  46. Tex. Local Government Code Sec. 325.085. APPROVAL BY ATTORNEY GENERAL; REGISTRATION BY COMPTROLLER.

  47. Tex. Local Government Code Sec. 325.086. BONDS AS INVESTMENTS. District bonds are legal and authorized investments for:

  48. Tex. Local Government Code Sec. 325.087. BONDS AS SECURITY FOR DEPOSITS. District bonds are eligible to secure deposits of public funds of the state and municipalities, counties, school districts, and other political subdivisions of the state. The bonds are lawful and sufficient security for deposits to the extent of their value when accompanied by all unmatured coupons.

  49. Tex. Local Government Code Sec. 325.088. TAX STATUS OF BONDS. Bonds issued by a district under this chapter, any transaction relating to the bonds, and profits made in the sale of the bonds, are free from taxation by the state or by any municipality, county, special district, or other political subdivision of the state.

  50. Tex. Local Government Code Sec. 325.089. MANDAMUS BY BONDHOLDERS. In addition to all other rights and remedies provided by law, if the district defaults in the payment of principal, interest, or redemption price on its bonds when due or if it fails to make payments into any fund or funds created in the orders or resolutions authorizing the issuance of the bonds or defaults in the observation or performance of any other covenants, conditions, or obligations set forth in the orders or resolutions authorizing the issuance of its bonds, the owners of any of the bonds are entitled to a writ of mandamus issued by a court of competent jurisdiction compelling and requiring the district and its officials to observe and perform the covenants, obligations, or conditions prescribed in the orders or resolutions authorizing the issuance of the district's bonds.

  51. Tex. Local Government Code Sec. 325.090. APPLICATION OF OTHER LAWS. Bonds of the district are considered public securities under Chapter 1201, Government Code.

Chapter 326

  1. Tex. Local Government Code Sec. 326.001. FINDINGS. The legislature finds that:

  2. Tex. Local Government Code Sec. 326.002. PURPOSE. The purpose of a library district is to establish, equip, and maintain one or more public libraries for the dissemination of general information relating to the arts, sciences, and literature.

  3. Tex. Local Government Code Sec. 326.003. DEFINITIONS. In this chapter:

  4. Tex. Local Government Code Sec. 326.004. DISTRICT AUTHORIZATION.

  5. Tex. Local Government Code Sec. 326.021. CONFIRMATION ELECTION. A district may be created and a sales and use tax may be authorized only if the creation is confirmed and the tax is approved by a majority of the qualified voters of the district voting at an election held for that purpose.

  6. Tex. Local Government Code Sec. 326.022. TERRITORY INCLUDED IN A DISTRICT.

  7. Tex. Local Government Code Sec. 326.023. PETITION FOR CREATION OF DISTRICT.

  8. Tex. Local Government Code Sec. 326.024. PAYMENT OF ELECTION COSTS. The commissioners court may not order the creation of the district or a confirmation election until the petitioners deposit with the county clerk an amount of money equal to the cost of conducting the creation election of the proposed district, as computed by the county.

  9. Tex. Local Government Code Sec. 326.025. FILING OF PETITION; HEARING; ORDERING ELECTION.

  10. Tex. Local Government Code Sec. 326.026. ELECTION ORDER. In addition to the elements required to be included by the Election Code, the election order must state:

  11. Tex. Local Government Code Sec. 326.027. NOTICE.

  12. Tex. Local Government Code Sec. 326.028. BALLOT PROPOSITION.

  13. Tex. Local Government Code Sec. 326.029. RESULTS OF ELECTION.

  14. Tex. Local Government Code Sec. 326.030. INITIAL TRUSTEES.

  15. Tex. Local Government Code Sec. 326.041. BOARD OF TRUSTEES. A district shall be governed by a board of five trustees.

  16. Tex. Local Government Code Sec. 326.042. REGISTERED VOTER REQUIREMENT. A person may not be elected to the board of trustees unless the person is a resident of the district and a registered voter of the county in which the district is located.

  17. Tex. Local Government Code Sec. 326.043. ELECTION OF TRUSTEES; TERM OF OFFICE.

  18. Tex. Local Government Code Sec. 326.0431. WRITE-IN CANDIDACIES. Write-in votes may be counted only for names appearing on a list of write-in candidates, in the manner that Subchapter C, Chapter 146, Election Code, provides for counting write-in votes for city officers.

  19. Tex. Local Government Code Sec. 326.0432. ELECTION OF UNOPPOSED CANDIDATE. Subchapter C, Chapter 2, Election Code, applies to the election of an unopposed candidate for the office of trustee after the election of the initial members of the board of trustees.

  20. Tex. Local Government Code Sec. 326.044. BOARD VACANCY. A vacancy in the office of a trustee shall be filled by appointment by the remaining trustees.

  21. Tex. Local Government Code Sec. 326.045. OFFICERS. After the trustees have assumed office, the trustees shall elect from among the trustees a president, a vice president, a secretary, and any other officers the board considers necessary.

  22. Tex. Local Government Code Sec. 326.046. QUORUM; OFFICERS' DUTIES.

  23. Tex. Local Government Code Sec. 326.047. BYLAWS. The board may adopt bylaws to govern:

  24. Tex. Local Government Code Sec. 326.048. MEETINGS AND NOTICE.

  25. Tex. Local Government Code Sec. 326.049. MANAGEMENT OF DISTRICT.

  26. Tex. Local Government Code Sec. 326.050. LIBRARY DIRECTOR. The board may employ a library director to administer the affairs of the district under policies established by the board. The board shall set the compensation of the library director.

  27. Tex. Local Government Code Sec. 326.051. BOND. The board may require an officer or employee to execute a bond payable to the district and conditioned on the faithful performance of the person's duties.

  28. Tex. Local Government Code Sec. 326.052. TRUSTEE INTERESTED IN CONTRACT.

  29. Tex. Local Government Code Sec. 326.061. GENERAL POWERS OF DISTRICT.

  30. Tex. Local Government Code Sec. 326.062. EMPLOYEE PLANS.

  31. Tex. Local Government Code Sec. 326.063. SUITS.

  32. Tex. Local Government Code Sec. 326.064. RULES.

  33. Tex. Local Government Code Sec. 326.065. FEES.

  34. Tex. Local Government Code Sec. 326.066. DEPOSITORY.

  35. Tex. Local Government Code Sec. 326.067. INVESTMENTS.

  36. Tex. Local Government Code Sec. 326.068. EXPENDITURES. A district's money may be disbursed only by check, draft, order, or another instrument that must be signed by one or more officers or employees of the district as designated by the board of trustees.

  37. Tex. Local Government Code Sec. 326.069. ACCOUNTS AND RECORDS; AUDITS.

  38. Tex. Local Government Code Sec. 326.070. FISCAL YEAR. The fiscal year of the district is from January 1 to December 31, unless the board adopts another fiscal year.

  39. Tex. Local Government Code Sec. 326.071. REPAYMENT OF ORGANIZATIONAL EXPENSES.

  40. Tex. Local Government Code Sec. 326.072. GIFTS, GRANTS, AND DONATIONS. A district may accept and administer a gift, grant, or donation from any source to carry out the purposes of this chapter.

  41. Tex. Local Government Code Sec. 326.091. SALES AND USE TAX.

  42. Tex. Local Government Code Sec. 326.092. IMPOSITION, COMPUTATION, ADMINISTRATION, AND GOVERNANCE OF TAX.

  43. Tex. Local Government Code Sec. 326.093. TAX RATES. The permissible rates for a local sales and use tax levied under this chapter are one-eighth of one percent, one-fourth of one percent, three-eighths of one percent, and one-half of one percent.

  44. Tex. Local Government Code Sec. 326.094. ABOLITION OF OR CHANGE IN TAX RATE.

  45. Tex. Local Government Code Sec. 326.095. USE OF TAX. Taxes collected under this subchapter may be used only for the purposes for which the district was created and may be pledged as collateral for borrowing money to further those purposes.

  46. Tex. Local Government Code Sec. 326.096. LIMITATION ON ADOPTION OF TAX. A district may adopt a tax under this subchapter only if as a result of adoption of the tax the combined rate of all local sales and use taxes imposed by political subdivisions having territory in the district will not exceed two percent.

Chapter 327

  1. Tex. Local Government Code Sec. 327.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 327.051. COUNTIES AUTHORIZED TO CREATE ZOO BOARD. The commissioners court of a county with a population of more than 2.1 million that is adjacent to a county with a population of more than 2.1 million by order may authorize the creation of a zoo board under this chapter to establish, finance, and manage facilities and services to provide conservation, education, research, public recreation, and care relating to the study and display of animals and other specimens in a public zoological park.

  3. Tex. Local Government Code Sec. 327.052. ORDER CREATING ZOO BOARD.

  4. Tex. Local Government Code Sec. 327.053. AUTHORITY TO TAX; ELECTION REQUIRED. The county may assess and collect a separate ad valorem tax to provide revenue for a zoo board that it has created. The tax may not exceed a rate of three cents per $100 valuation of taxable property, and the amount of the tax must be approved by a majority of the voters of the county voting at an election held for that purpose by the county.

  5. Tex. Local Government Code Sec. 327.054. ELECTION ORDER.

  6. Tex. Local Government Code Sec. 327.055. CONDUCT OF ELECTION.

  7. Tex. Local Government Code Sec. 327.056. ELECTION RESULTS.

  8. Tex. Local Government Code Sec. 327.101. BOARD OF DIRECTORS.

  9. Tex. Local Government Code Sec. 327.102. VACANCY. A vacancy on the zoo board is filled in the same manner as the original appointment.

  10. Tex. Local Government Code Sec. 327.103. OFFICERS.

  11. Tex. Local Government Code Sec. 327.104. MEETINGS. A zoo board shall hold regular meetings at times to be fixed by the zoo board or special meetings as necessary.

  12. Tex. Local Government Code Sec. 327.105. COMPENSATION; EXPENSES.

  13. Tex. Local Government Code Sec. 327.106. IMMUNITY FROM LIABILITY. A director is not liable for civil damages or criminal prosecution for any act performed in good faith in the execution of the director's duties or for any action taken by the zoo board.

  14. Tex. Local Government Code Sec. 327.151. GENERAL POWERS. A zoo board may exercise any power necessary or appropriate to further a zoo board purpose, including establishing or operating one or more zoos.

  15. Tex. Local Government Code Sec. 327.152. RULES. The zoo board may adopt rules to implement this chapter, including rules to govern the zoo board or manage zoos.

  16. Tex. Local Government Code Sec. 327.153. EXECUTIVE DIRECTOR; RULES.

  17. Tex. Local Government Code Sec. 327.154. EMPLOYEES; RULES.

  18. Tex. Local Government Code Sec. 327.155. CONTRACTS--GENERAL; APPROVAL REQUIRED.

  19. Tex. Local Government Code Sec. 327.156. AGREEMENT TO OPERATE DISTRICT.

  20. Tex. Local Government Code Sec. 327.157. PROPERTY; APPROVAL REQUIRED. A zoo board may acquire and sell property for any zoo board purpose. Before the acquisition or sale, the zoo board must obtain the approval of the county commissioners court.

  21. Tex. Local Government Code Sec. 327.158. PUBLIC PURPOSE OF DONATIONS, AGREEMENTS, OR TRANSFERS WITH OR FROM OTHER POLITICAL ENTITIES; EXCEPTION TO COMPETITIVE BIDDING.

  22. Tex. Local Government Code Sec. 327.159. ZOO BOARD RECORDS.

  23. Tex. Local Government Code Sec. 327.160. DONATIONS.

  24. Tex. Local Government Code Sec. 327.161. SUITS; SERVICE OF PROCESS; LEGAL SERVICES.

  25. Tex. Local Government Code Sec. 327.162. SUPERVISION BY COUNTY.

  26. Tex. Local Government Code Sec. 327.163. SEAL. A zoo board shall adopt a seal for the zoo board.

  27. Tex. Local Government Code Sec. 327.201. GENERAL ZOO BOARD AND COUNTY POWER OVER FUNDS. A zoo board shall manage and control zoo board funds subject to the supervision or approval of the county commissioners court under Section 327.162 and subject to the approval of the county commissioners court of a budget under Section 327.207.

  28. Tex. Local Government Code Sec. 327.202. ACCOUNTING AND CONTROL PROCEDURES. A zoo board by rule may adopt accounting and control procedures for the zoo board, subject to the supervision of the county commissioners court under Section 327.162.

  29. Tex. Local Government Code Sec. 327.203. PURCHASING AND EXPENDITURE METHOD. A zoo board by rule may prescribe the zoo board's method of making purchases and expenditures.

  30. Tex. Local Government Code Sec. 327.204. FISCAL YEAR.

  31. Tex. Local Government Code Sec. 327.205. ANNUAL AUDIT REQUIRED. A zoo board shall have an annual audit of the zoo board's financial condition performed by an independent auditor.

  32. Tex. Local Government Code Sec. 327.206. ANNUAL BUDGET PROPOSAL.

  33. Tex. Local Government Code Sec. 327.207. ADOPTION OF ANNUAL BUDGET; HEARINGS.

  34. Tex. Local Government Code Sec. 327.208. LIMITATIONS ON EXPENDITURES AND INVESTMENTS.

  35. Tex. Local Government Code Sec. 327.209. ACCOUNT OF ZOO BOARD DISBURSEMENTS. Not later than the 60th day after the last day of each fiscal year, a zoo board employee shall prepare for the zoo board a sworn statement showing:

  36. Tex. Local Government Code Sec. 327.251. GENERAL OBLIGATION BONDS. The county commissioners court may issue and sell bonds to acquire, construct, equip, or enlarge any zoo or zoo-related property, including a zoo board building or other facility.

  37. Tex. Local Government Code Sec. 327.252. TAXES TO PAY BONDS.

  38. Tex. Local Government Code Sec. 327.253. AUTHORITY FOR BOND ELECTION. The county commissioners court may order a bond election on its own motion or on the zoo board's request.

  39. Tex. Local Government Code Sec. 327.254. EXECUTION OF BONDS. The county judge shall execute the bonds and the county clerk shall countersign the bonds.

  40. Tex. Local Government Code Sec. 327.301. ANNUAL PROPERTY TAXES.

  41. Tex. Local Government Code Sec. 327.302. TAX RATE. In adopting the tax rate, the county may consider the zoo board's income from sources other than taxation.

  42. Tex. Local Government Code Sec. 327.351. DISSOLUTION BY COUNTY.

Chapter 330

  1. Tex. Local Government Code Sec. 330.001. OPERATION AND FINANCING OF COUNTY MUSEUMS.

Chapter 331

  1. Tex. Local Government Code Sec. 331.001. GENERAL AUTHORITY.

  2. Tex. Local Government Code Sec. 331.002. ACQUISITION OF HISTORIC OBJECTS. A municipality or county may acquire by gift or purchase, individually or in a collection, any historic book, painting, sculpture, coin, or other object or collection of historical significance to the municipality or county.

  3. Tex. Local Government Code Sec. 331.003. EMINENT DOMAIN. A municipality or county may exercise eminent domain under Section 331.001(b) for the acquisition of a historic site, building, or structure only on a showing that it is necessary to prevent the destruction or deterioration of the site, building, or structure.

  4. Tex. Local Government Code Sec. 331.004. BONDS AND TAXES.

  5. Tex. Local Government Code Sec. 331.005. MANAGEMENT OF FACILITIES.

  6. Tex. Local Government Code Sec. 331.006. CONCESSIONS.

  7. Tex. Local Government Code Sec. 331.007. PUBLIC USE. A park, a playground, a historical museum and its contents, or a historic or prehistoric site acquired and maintained under this chapter shall be open for the use of the public under rules prescribed by the governing body of the park, playground, museum, or site.

  8. Tex. Local Government Code Sec. 331.008. MUNICIPAL AND COUNTY COOPERATION.

  9. Tex. Local Government Code Sec. 331.009. ROAD CLOSINGS. A roadway on land acquired by a municipality for park purposes outside the municipal limits, or a roadway that abuts on both sides land that the municipality or county may dedicate to the management and control of the other under Section 331.008, may be closed by order of the commissioners court of the county in which the roadway is located. All rights that the state may have in the roadway as a result of a previous dedication are canceled and surrendered to the county or municipality, as appropriate.

  10. Tex. Local Government Code Sec. 331.010. COOPERATION OF STATE AGENCIES.

Chapter 332

  1. Tex. Local Government Code Sec. 332.001. DEFINITIONS. In this subchapter:

  2. Tex. Local Government Code Sec. 332.002. ESTABLISHMENT AND OPERATION OF RECREATIONAL FACILITIES AND PROGRAMS. A municipality or county may establish, provide, acquire, maintain, construct, equip, operate, and supervise recreational facilities and programs, either singly or jointly in cooperation with one or more other municipalities or counties.

  3. Tex. Local Government Code Sec. 332.003. REFERENDUM. A municipality or county may submit in an election of its qualified voters the question of whether it should exercise the powers conferred by this subchapter.

  4. Tex. Local Government Code Sec. 332.004. FINANCES.

  5. Tex. Local Government Code Sec. 332.005. ADMINISTRATION. A governing body may administer and operate recreational facilities and programs through a bureau or department of recreation or through a board established jointly with another governing body. The board shall adopt rules for the administration and operation of the recreational facilities and programs under its control subject to the approval of the establishing governing bodies.

  6. Tex. Local Government Code Sec. 332.006. GRANTS. A municipality or county may accept a grant, a lease, a loan or devise of real estate, a gift or bequest of money, either principal or income, or any other personal property for temporary or permanent use for the establishment, operation, or support of public recreation facilities and programs.

  7. Tex. Local Government Code Sec. 332.021. JOINT RECREATIONAL FACILITIES.

Chapter 333

  1. Tex. Local Government Code Sec. 333.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 333.002. JOINT MUSEUM. The governing bodies of a county with a population of 20,000 or less and a municipality that has a population of 10,000 or more and that is located within the county may jointly erect, equip, maintain, and operate a museum.

  3. Tex. Local Government Code Sec. 333.003. FINANCES. The museum may be financed out of the general revenues of the municipality and county in agreed proportions.

  4. Tex. Local Government Code Sec. 333.004. BOARD OF MANAGERS. By resolution or other proper action, the governing bodies may delegate to a board of managers full authority to erect, maintain, own, and equip a museum and to own, lease, or sublet realty for the museum.

  5. Tex. Local Government Code Sec. 333.005. COMPOSITION OF BOARD; TERMS.

  6. Tex. Local Government Code Sec. 333.006. OFFICERS.

  7. Tex. Local Government Code Sec. 333.007. CONTRACTS, GRANTS, AND EXPENDITURES.

  8. Tex. Local Government Code Sec. 333.008. FINANCIAL STATEMENT AND BUDGET.

  9. Tex. Local Government Code Sec. 333.009. PERSONNEL.

Chapter 334

  1. Tex. Local Government Code Sec. 334.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 334.002. APPLICATION TO CERTAIN MUNICIPALITIES AND COUNTIES. This chapter applies to a municipality with a population of more than 1.9 million and to a county with a population of more than 3.3 million only if the municipality and county create a sports and community venue district under Chapter 335 and only to the extent the use of this chapter by the district is necessary or convenient for the creation or operation of the district to the fullest extent authorized by Chapter 335.

  3. Tex. Local Government Code Sec. 334.003. APPLICATION TO VENUE CONSTRUCTED UNDER OTHER LAW.

  4. Tex. Local Government Code Sec. 334.004. OTHER USES OF VENUE PERMITTED. This chapter does not prohibit the use of a venue for an event that is not related to a purpose described by Section 334.001, such as a community-related event.

  5. Tex. Local Government Code Sec. 334.005. SPECIFIC PERFORMANCE.

  6. Tex. Local Government Code Sec. 334.006. PROHIBITION AGAINST TAX EXPANSION. In a county with a population of over 2.8 million, no tax on real property or on personal property may be used for the operation, maintenance, renovation, or repair of any venue authorized by an election on November 5, 1996, and constructed after that date.

  7. Tex. Local Government Code Sec. 334.007. RESTRICTION ON USE OF WATER OBTAINED AS RESULT OF ACQUISITION OF PROPERTY. Water obtained as a result of an acquisition of property for a project described by Section 334.001(4)(F) may be used only for the maintenance of that property.

  8. Tex. Local Government Code Sec. 334.008. PARKS AND RECREATION SYSTEM AS VENUE PROJECT: CERTAIN COUNTIES.

  9. Tex. Local Government Code Sec. 334.0082. VENUE PROJECTS IN CERTAIN MUNICIPALITIES.

  10. Tex. Local Government Code Sec. 334.0083. VENUE PROJECTS IN CERTAIN COUNTIES.

  11. Tex. Local Government Code Sec. 334.021. RESOLUTION AUTHORIZING PROJECT.

  12. Tex. Local Government Code Sec. 334.022. STATE FISCAL IMPACT ANALYSIS.

  13. Tex. Local Government Code Sec. 334.023. APPEAL OF COMPTROLLER DETERMINATION.

  14. Tex. Local Government Code Sec. 334.0235. TRANSPORTATION AUTHORITY IMPACT ANALYSIS.

  15. Tex. Local Government Code Sec. 334.0236. APPEAL OF AUTHORITY DETERMINATION.

  16. Tex. Local Government Code Sec. 334.024. ELECTION.

  17. Tex. Local Government Code Sec. 334.0241. ELECTION ON USE OF AD VALOREM TAXES.

  18. Tex. Local Government Code Sec. 334.0242. ELECTION ON USE OF TAXES TO IMPROVE OR MAINTAIN VENUE PROJECT.

  19. Tex. Local Government Code Sec. 334.025. FALSE AND MISLEADING CAMPAIGN MATERIAL.

  20. Tex. Local Government Code Sec. 334.041. GENERAL POWERS.

  21. Tex. Local Government Code Sec. 334.0415. USE OF FINANCING FOR CERTAIN PROJECTS. Notwithstanding any other provision of this chapter, a municipality or county, or an entity created by or acting on behalf of or in conjunction with a municipality or county, that contracts with a professional sports team or the team's owner or representative on or before November 1, 1998, for the team to relocate and play at an arena, coliseum, or stadium in the municipality or county may not use any method of financing authorized by this chapter to finance the acquisition or construction of the arena, coliseum, or stadium if the team is playing under an existing contract and is located in another arena, coliseum, or stadium owned by a different municipality or county in this state unless the governing body of that different municipality or county consents to the contract.

  22. Tex. Local Government Code Sec. 334.042. VENUE PROJECT FUND.

  23. Tex. Local Government Code Sec. 334.0425. BOOKS, RECORDS, AND PAPERS. The books, records, and papers of the municipality or county relating to an approved venue project and the revenue used to finance the project are public information and subject to disclosure under Chapter 552, Government Code.

  24. Tex. Local Government Code Sec. 334.043. BONDS AND OTHER OBLIGATIONS.

  25. Tex. Local Government Code Sec. 334.044. PUBLIC PURPOSE OF VENUE PROJECT.

  26. Tex. Local Government Code Sec. 334.045. PUBLIC SQUARE OR MUNICIPAL PARK. Section 253.001(b) does not apply to the sale or lease of a public square or municipal park for the acquisition, establishment, development, construction, or renovation of an approved venue project.

  27. Tex. Local Government Code Sec. 334.081. SALES AND USE TAX.

  28. Tex. Local Government Code Sec. 334.082. TAX CODE APPLICABLE.

  29. Tex. Local Government Code Sec. 334.083. TAX RATE.

  30. Tex. Local Government Code Sec. 334.084. RATE INCREASE.

  31. Tex. Local Government Code Sec. 334.085. IMPOSITION IN MUNICIPALITY OR COUNTY WITH OTHER TAXING AUTHORITY.

  32. Tex. Local Government Code Sec. 334.0855. IMPOSITION IN CERTAIN MUNICIPALITIES AND COUNTIES.

  33. Tex. Local Government Code Sec. 334.086. IMPOSITION OF TAX.

  34. Tex. Local Government Code Sec. 334.087. EFFECTIVE DATE OF TAX. The adoption of the tax or the change of the tax rate takes effect on the first day of the first calendar quarter occurring after the expiration of the first complete quarter occurring after the date on which the comptroller receives a notice of the results of the election adopting or increasing the tax or of the ordinance or order decreasing the tax.

  35. Tex. Local Government Code Sec. 334.088. DEPOSIT OF TAX REVENUES. Revenue from the tax imposed under this subchapter shall be deposited in the venue project fund of the municipality or county imposing the tax.

  36. Tex. Local Government Code Sec. 334.089. ABOLITION OF TAX.

  37. Tex. Local Government Code Sec. 334.101. DEFINITIONS.

  38. Tex. Local Government Code Sec. 334.1015. APPLICATION.

  39. Tex. Local Government Code Sec. 334.102. TAX AUTHORIZED.

  40. Tex. Local Government Code Sec. 334.103. SHORT-TERM RENTAL TAX.

  41. Tex. Local Government Code Sec. 334.104. RATE INCREASE.

  42. Tex. Local Government Code Sec. 334.1041. RATE INCREASE IN CERTAIN POPULOUS COUNTIES.

  43. Tex. Local Government Code Sec. 334.105. COMPUTATION OF TAX.

  44. Tex. Local Government Code Sec. 334.106. CONSUMMATION OF RENTAL. A rental of a motor vehicle occurs in the municipality or county in which transfer of possession of the motor vehicle occurs.

  45. Tex. Local Government Code Sec. 334.107. EXEMPTIONS APPLICABLE. The exemptions provided by Subchapter E, Chapter 152, Tax Code, apply to the tax authorized by this subchapter.

  46. Tex. Local Government Code Sec. 334.108. NOTICE OF TAX. Each bill or other receipt for a rental subject to the tax imposed under this subchapter must contain a statement in a conspicuous location stating: "_______ (insert name of taxing municipality or county) requires that an additional tax of ____ percent (insert rate of tax) be imposed on each motor vehicle rental for the purpose of financing ______ (describe approved venue project)."

  47. Tex. Local Government Code Sec. 334.109. GROSS RECEIPTS PRESUMED SUBJECT TO TAX. All gross receipts of an owner of a motor vehicle from the rental of the motor vehicle are presumed to be subject to the tax imposed by this subchapter, except for gross receipts for which the owner has accepted in good faith a properly completed exemption certificate.

  48. Tex. Local Government Code Sec. 334.110. RECORDS.

  49. Tex. Local Government Code Sec. 334.111. FAILURE TO KEEP RECORDS.

  50. Tex. Local Government Code Sec. 334.112. EFFECTIVE DATE AND ENDING DATE OF TAX.

  51. Tex. Local Government Code Sec. 334.113. TAX COLLECTION; PENALTY.

  52. Tex. Local Government Code Sec. 334.1135. REIMBURSEMENT FOR TAX COLLECTION EXPENSES.

  53. Tex. Local Government Code Sec. 334.114. COLLECTION PROCEDURES ON PURCHASE OF MOTOR VEHICLE RENTAL BUSINESS.

  54. Tex. Local Government Code Sec. 334.115. DEPOSIT OF TAX REVENUE. Revenue from the tax imposed under this subchapter shall be deposited in the venue project fund of the municipality or county imposing the tax.

  55. Tex. Local Government Code Sec. 334.151. TAX AUTHORIZED.

  56. Tex. Local Government Code Sec. 334.152. TAX RATE.

  57. Tex. Local Government Code Sec. 334.153. RATE INCREASE.

  58. Tex. Local Government Code Sec. 334.154. COLLECTION.

  59. Tex. Local Government Code Sec. 334.155. EFFECTIVE DATE AND ENDING DATE OF TAX.

  60. Tex. Local Government Code Sec. 334.156. COLLECTION OF TAX.

  61. Tex. Local Government Code Sec. 334.157. DEPOSIT OF TAX REVENUE. Revenue from the tax imposed under this subchapter shall be deposited in the venue project fund of the municipality or county imposing the tax.

  62. Tex. Local Government Code Sec. 334.201. EVENT PARKING TAX.

  63. Tex. Local Government Code Sec. 334.202. TAX RATE.

  64. Tex. Local Government Code Sec. 334.203. RATE INCREASE.

  65. Tex. Local Government Code Sec. 334.2031. RATE INCREASE IN CERTAIN MUNICIPALITIES IN CERTAIN POPULOUS COUNTIES.

  66. Tex. Local Government Code Sec. 334.204. COLLECTION.

  67. Tex. Local Government Code Sec. 334.205. EFFECTIVE DATE AND ENDING DATE OF TAX.

  68. Tex. Local Government Code Sec. 334.206. COLLECTION OF TAX.

  69. Tex. Local Government Code Sec. 334.207. DEPOSIT OF TAX REVENUE. Revenue from the tax imposed under this subchapter shall be deposited in the venue project fund of the municipality or county imposing the tax.

  70. Tex. Local Government Code Sec. 334.251. DEFINITION. In this subchapter, "hotel" has the meaning assigned by Section 156.001, Tax Code.

  71. Tex. Local Government Code Sec. 334.2515. APPLICATION. Except as provided by Sections 334.2516 and 334.2518, this subchapter does not apply to the financing of a venue project that is:

  72. Tex. Local Government Code Sec. 334.2516. USE OF REVENUE BY CERTAIN MUNICIPALITIES FOR CERTAIN PURPOSES.

  73. Tex. Local Government Code Sec. 334.2517. USE OF REVENUE FOR CERTAIN PURPOSES. This subchapter does not apply to the financing of a venue project described by Section 334.001(4)(F).

  74. Tex. Local Government Code Sec. 334.2518. USE OF REVENUE BY CERTAIN MUNICIPALITIES FOR CERTAIN PARK FACILITIES.

  75. Tex. Local Government Code Sec. 334.252. IMPOSITION OF TAX.

  76. Tex. Local Government Code Sec. 334.253. TAX CODE APPLICABLE.

  77. Tex. Local Government Code Sec. 334.254. TAX RATE.

  78. Tex. Local Government Code Sec. 334.255. RATE INCREASE.

  79. Tex. Local Government Code Sec. 334.256. NOTICE OF TAX.

  80. Tex. Local Government Code Sec. 334.257. EFFECTIVE DATE AND ENDING DATE OF TAX.

  81. Tex. Local Government Code Sec. 334.258. DEPOSIT OF TAX REVENUE. Revenue from the tax imposed under this subchapter shall be deposited in the venue project fund of the municipality or county imposing the tax.

  82. Tex. Local Government Code Sec. 334.301. DEFINITION. In this subchapter, "major league team" means a team that is a member of the National Football League, National Basketball Association, or National Hockey League or a major league baseball team or any other professional team.

  83. Tex. Local Government Code Sec. 334.302. TAX AUTHORIZED.

  84. Tex. Local Government Code Sec. 334.303. TAX RATE.

  85. Tex. Local Government Code Sec. 334.304. RATE INCREASE.

  86. Tex. Local Government Code Sec. 334.305. COLLECTION.

  87. Tex. Local Government Code Sec. 334.306. EFFECTIVE DATE AND ENDING DATE OF TAX.

  88. Tex. Local Government Code Sec. 334.307. COLLECTION OF TAX.

  89. Tex. Local Government Code Sec. 334.308. DEPOSIT OF TAX REVENUE. Revenue from the tax imposed under this subchapter shall be deposited in the venue project fund of the municipality or county imposing the tax.

  90. Tex. Local Government Code Sec. 334.351. DEFINITION. In this subchapter, "athletic event" means a postseason intercollegiate athletic football bowl game that is held annually.

  91. Tex. Local Government Code Sec. 334.352. APPLICATION OF SUBCHAPTER. This subchapter applies only to a municipality with a population of more than 500,000 that is located in a county that borders the United Mexican States.

  92. Tex. Local Government Code Sec. 334.353. SHORT-TERM MOTOR VEHICLE RENTAL TAX.

  93. Tex. Local Government Code Sec. 334.354. USE OF REVENUE. Notwithstanding any other provision of this chapter, the municipality may use revenue from the tax to:

  94. Tex. Local Government Code Sec. 334.401. DEFINITIONS. In this subchapter:

  95. Tex. Local Government Code Sec. 334.402. APPLICABILITY. This subchapter applies only to:

  96. Tex. Local Government Code Sec. 334.403. TAX AUTHORIZED.

  97. Tex. Local Government Code Sec. 334.404. TAX RATE.

  98. Tex. Local Government Code Sec. 334.405. INCREASE IN MAXIMUM TAX RATE.

  99. Tex. Local Government Code Sec. 334.406. EXEMPTION. The municipality by ordinance or the county by order may establish an exemption from the tax imposed under this subchapter for the use or occupancy of stalls or pens at a designated facility by livestock at a county junior livestock show.

  100. Tex. Local Government Code Sec. 334.407. NATURE OF TAX.

  101. Tex. Local Government Code Sec. 334.408. EFFECTIVE DATE OF TAX. A tax imposed under this subchapter or a change in a tax rate takes effect on the date prescribed by the ordinance or order imposing the tax or changing the rate.

  102. Tex. Local Government Code Sec. 334.409. COLLECTION OF TAX.

  103. Tex. Local Government Code Sec. 334.410. DEPOSIT OF TAX REVENUE. Revenue from the tax imposed under this subchapter shall be deposited in the venue project fund of the municipality or county imposing the tax.

Chapter 335

  1. Tex. Local Government Code Sec. 335.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 335.002. APPLICATION TO VENUE CONSTRUCTED UNDER OTHER LAW. A district may use this chapter for a venue project relating to a venue and related infrastructure planned, acquired, established, developed, constructed, or renovated under other law, including Chapter 505 of this code or Subchapter E, Chapter 451, Transportation Code.

  3. Tex. Local Government Code Sec. 335.003. OTHER USES OF VENUE PERMITTED. This chapter does not prohibit the use of a venue for an event that is not related to a purpose described by Section 334.001, such as a community-related event.

  4. Tex. Local Government Code Sec. 335.004. SPECIFIC PERFORMANCE.

  5. Tex. Local Government Code Sec. 335.005. SUITS; SERVICE OF PROCESS. A district, through its board, may sue and be sued in any court of this state in the name of the district. Service of process on a district may be had by serving either the current chairman of the board or the current chief executive officer of the district or its registered agent designated by the district by filing a statement with the office of the secretary of state setting forth:

  6. Tex. Local Government Code Sec. 335.021. CREATION. A county and a municipality, two or more counties, two or more municipalities, or a combination of municipalities, counties, or municipalities and counties may create a venue district under this chapter to plan, acquire, establish, develop, construct, or renovate one or more venue projects in the district subject to voter approval under Subchapter D.

  7. Tex. Local Government Code Sec. 335.022. ORDER CREATING DISTRICT. A county and a municipality, two or more counties, two or more municipalities, or a combination of municipalities, counties, or municipalities and counties may create a district under this chapter by adopting concurrent orders. A concurrent order must:

  8. Tex. Local Government Code Sec. 335.023. POLITICAL SUBDIVISION; RECORDS AND OPEN MEETINGS.

  9. Tex. Local Government Code Sec. 335.031. COMPOSITION AND APPOINTMENT OF BOARD.

  10. Tex. Local Government Code Sec. 335.032. COMPENSATION. A board member is not entitled to compensation, but is entitled to reimbursement for actual and necessary expenses.

  11. Tex. Local Government Code Sec. 335.033. MEETINGS. The board shall conduct its meetings in the district.

  12. Tex. Local Government Code Sec. 335.034. OFFICERS. Except as provided by Section 335.035, the presiding officer is designated as provided by the concurrent order. The board shall designate from the members of the board a secretary and other officers the board considers necessary.

  13. Tex. Local Government Code Sec. 335.035. ADDITIONAL REQUIREMENTS FOR BOARD OF DISTRICT CREATED IN POPULOUS COUNTY.

  14. Tex. Local Government Code Sec. 335.051. RESOLUTION AUTHORIZING PROJECT.

  15. Tex. Local Government Code Sec. 335.052. STATE FISCAL IMPACT ANALYSIS.

  16. Tex. Local Government Code Sec. 335.053. APPEAL OF COMPTROLLER DETERMINATION.

  17. Tex. Local Government Code Sec. 335.0535. TRANSPORTATION AUTHORITY IMPACT ANALYSIS.

  18. Tex. Local Government Code Sec. 335.0536. APPEAL OF AUTHORITY DETERMINATION.

  19. Tex. Local Government Code Sec. 335.054. ELECTION.

  20. Tex. Local Government Code Sec. 335.055. FALSE AND MISLEADING CAMPAIGN MATERIAL.

  21. Tex. Local Government Code Sec. 335.071. GENERAL POWERS OF DISTRICT.

  22. Tex. Local Government Code Sec. 335.0711. LIMIT ON POWER TO OWN OR ACQUIRE REAL PROPERTY IN CERTAIN DISTRICTS.

  23. Tex. Local Government Code Sec. 335.0715. USE OF FINANCING FOR CERTAIN PROJECTS. Notwithstanding any other provision of this chapter, a district, a municipality or county that created the district, or an entity created by or acting on behalf of or in conjunction with the district, municipality, or county, that contracts with a professional sports team or the team's owner or representative on or before November 1, 1998, for the team to relocate and play at an arena, coliseum, or stadium in the district may not use any method of financing authorized by this chapter to finance the acquisition or construction of the arena, coliseum, or stadium if the team is playing under an existing contract and is located in another arena, coliseum, or stadium owned by a different municipality or county in this state unless the governing body of that different municipality or county consents to the contract.

  24. Tex. Local Government Code Sec. 335.072. VENUE PROJECT FUND.

  25. Tex. Local Government Code Sec. 335.0725. BOOKS, RECORDS, AND PAPERS. The books, records, and papers of the district relating to an approved venue project and the revenue used to finance the project are public information and subject to disclosure under Chapter 552, Government Code.

  26. Tex. Local Government Code Sec. 335.073. BONDS AND OTHER OBLIGATIONS.

  27. Tex. Local Government Code Sec. 335.074. PUBLIC PURPOSE OF VENUE PROJECT.

  28. Tex. Local Government Code Sec. 335.075. CONTRIBUTION OR DEDICATION OF CERTAIN REVENUE BY POLITICAL SUBDIVISION.

  29. Tex. Local Government Code Sec. 335.076. CONTRACTS WITH HISTORICALLY UNDERUTILIZED BUSINESSES.

  30. Tex. Local Government Code Sec. 335.077. EXEMPTION FROM CONSTRUCTION CONTRACTING LAW. Chapter 2269, Government Code, does not apply to this chapter.

  31. Tex. Local Government Code Sec. 335.078. VENUE DISTRICT AS ENDORSING MUNICIPALITY OR COUNTY.

  32. Tex. Local Government Code Sec. 335.101. DEFINITIONS. In this subchapter:

  33. Tex. Local Government Code Sec. 335.102. APPLICABILITY OF SUBCHAPTER. This subchapter applies only to a district located in a county with a population of 3.3 million or more.

  34. Tex. Local Government Code Sec. 335.103. APPLICABILITY OF LAWS.

  35. Tex. Local Government Code Sec. 335.104. CREATION OF CODE OF CONDUCT; DISTRIBUTION.

  36. Tex. Local Government Code Sec. 335.105. RULEMAKING. The board by rule may modify its code of conduct.

  37. Tex. Local Government Code Sec. 335.106. GENERAL DUTIES. A director or employee shall:

  38. Tex. Local Government Code Sec. 335.107. VENDOR REQUIREMENTS.

  39. Tex. Local Government Code Sec. 335.108. DISCLOSURE OF VENDOR RELATIONSHIP BY DIRECTORS AND EMPLOYEES.

  40. Tex. Local Government Code Sec. 335.1085. FILING OF FINANCIAL STATEMENT BY DIRECTOR.

  41. Tex. Local Government Code Sec. 335.109. REQUEST FOR OPINION FROM GENERAL COUNSEL.

  42. Tex. Local Government Code Sec. 335.110. PENALTIES. The board may reprimand, suspend, or terminate an employee who violates the district's code of conduct.

  43. Tex. Local Government Code Sec. 335.151. APPLICABILITY. This subchapter applies only to a district wholly located in a county with a population of less than 15,000.

  44. Tex. Local Government Code Sec. 335.152. DISSOLUTION. The governing body of each political subdivision that created a district may dissolve the district by adopting a concurrent order.

  45. Tex. Local Government Code Sec. 335.153. ASSETS AND LIABILITIES.

Chapter 336

  1. Tex. Local Government Code Sec. 336.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 336.002. NATURE OF DISTRICT. A district created under this chapter is a special district and a political subdivision of this state.

  3. Tex. Local Government Code Sec. 336.003. MULTI-JURISDICTIONAL PUBLIC LIBRARY.

  4. Tex. Local Government Code Sec. 336.021. LEAD GOVERNMENTAL ENTITY; PARTICIPATION BY OTHER COUNTIES AND MUNICIPALITIES.

  5. Tex. Local Government Code Sec. 336.022. TERRITORY INCLUDED IN DISTRICT.

  6. Tex. Local Government Code Sec. 336.023. ELECTION.

  7. Tex. Local Government Code Sec. 336.027. BALLOT PROPOSITION.

  8. Tex. Local Government Code Sec. 336.028. RESULTS OF ELECTION.

  9. Tex. Local Government Code Sec. 336.029. INITIAL BOARD AND PRESIDING OFFICER.

  10. Tex. Local Government Code Sec. 336.030. REPAYMENT OF ORGANIZATIONAL EXPENSES.

  11. Tex. Local Government Code Sec. 336.051. GOVERNING BODY. A district is governed by a seven-member board of trustees. The board has control over and shall manage the affairs of the district.

  12. Tex. Local Government Code Sec. 336.052. APPOINTMENT.

  13. Tex. Local Government Code Sec. 336.053. ELIGIBILITY FOR APPOINTMENT. A person is eligible for appointment to the board if the person:

  14. Tex. Local Government Code Sec. 336.054. TERMS.

  15. Tex. Local Government Code Sec. 336.055. VACANCY. A vacancy on the board shall be filled by appointment for the remainder of the unexpired term by the governmental entity that appointed the vacating member.

  16. Tex. Local Government Code Sec. 336.056. OFFICERS.

  17. Tex. Local Government Code Sec. 336.057. MEETINGS AND NOTICE.

  18. Tex. Local Government Code Sec. 336.058. CONFLICT OF INTEREST IN CONTRACT.

  19. Tex. Local Government Code Sec. 336.101. BYLAWS. The board may adopt bylaws to govern:

  20. Tex. Local Government Code Sec. 336.102. EMPLOYEES.

  21. Tex. Local Government Code Sec. 336.103. EXECUTIVE DIRECTOR.

  22. Tex. Local Government Code Sec. 336.104. QUALIFICATIONS OF EXECUTIVE DIRECTOR OR LIBRARY DIRECTOR. The board shall ensure that the executive director or a subordinate library director has all necessary qualifications to oversee library services in the district.

  23. Tex. Local Government Code Sec. 336.105. BOND. The board may require an officer or employee to execute a bond payable to the district and conditioned on the faithful performance of the person's duties.

  24. Tex. Local Government Code Sec. 336.106. EMPLOYEE PLANS.

  25. Tex. Local Government Code Sec. 336.107. RECORDS; SECRETARY.

  26. Tex. Local Government Code Sec. 336.151. GENERAL POWERS OF DISTRICT. A district has all authority necessary to accomplish district purposes.

  27. Tex. Local Government Code Sec. 336.152. RULES; VIOLATION OF RULES.

  28. Tex. Local Government Code Sec. 336.153. LOCATION OF PUBLIC LIBRARY FACILITIES. A district may locate a public library facility at any place in the district, including the territory of a political subdivision within the district.

  29. Tex. Local Government Code Sec. 336.154. CONTRACTS. A district may contract with any person for any district purpose.

  30. Tex. Local Government Code Sec. 336.155. AGREEMENTS WITH OTHER POLITICAL SUBDIVISIONS.

  31. Tex. Local Government Code Sec. 336.156. PROPERTY AND EQUIPMENT.

  32. Tex. Local Government Code Sec. 336.157. SURPLUS PROPERTY. A district may sell, lease, or dispose of in any other manner and at any time:

  33. Tex. Local Government Code Sec. 336.158. SUITS.

  34. Tex. Local Government Code Sec. 336.159. EXPANSION OF DISTRICT.

  35. Tex. Local Government Code Sec. 336.160. DONATION OF LIBRARY ASSETS BY COUNTY OR MUNICIPALITY. A county or municipality, including the lead governmental entity, that creates or joins the district may donate library assets to the district without compensation from the district.

  36. Tex. Local Government Code Sec. 336.201. BORROWING. A district may borrow money.

  37. Tex. Local Government Code Sec. 336.202. FEES; GENERAL.

  38. Tex. Local Government Code Sec. 336.203. LIBRARY FEES. A library created under this chapter may charge reasonable fees to remove certain materials from the library or for other services provided by the library.

  39. Tex. Local Government Code Sec. 336.204. DEPOSITORY.

  40. Tex. Local Government Code Sec. 336.205. EXPENDITURES. A district may disburse district money only by check, draft, money order, or another instrument that must be signed by one or more officers or employees of the district as designated by the board.

  41. Tex. Local Government Code Sec. 336.206. ACCOUNTS AND RECORDS; AUDITS.

  42. Tex. Local Government Code Sec. 336.207. FISCAL YEAR. The fiscal year of the district is from October 1 to September 30, unless the board adopts another fiscal year.

  43. Tex. Local Government Code Sec. 336.208. GRANTS AND DONATIONS. A district may accept and administer a grant or donation from any source for any district purpose.

  44. Tex. Local Government Code Sec. 336.251. AD VALOREM TAX ASSESSMENT AND COLLECTION.

  45. Tex. Local Government Code Sec. 336.252. IMPOSITION, COMPUTATION, ADMINISTRATION, AND GOVERNANCE OF SALES TAX.

  46. Tex. Local Government Code Sec. 336.253. SALES AND USE TAX RATES. The permissible rates for a sales and use tax imposed under this chapter are one-eighth of one percent, one-fourth of one percent, three-eighths of one percent, and one-half of one percent.

  47. Tex. Local Government Code Sec. 336.254. ABOLITION OF OR CHANGE IN AD VALOREM TAX RATE.

  48. Tex. Local Government Code Sec. 336.255. USE OF TAX. A tax collected under this subchapter may be used only for a district purpose and may be pledged as collateral for borrowing money to further those purposes.

  49. Tex. Local Government Code Sec. 336.301. DEFINITION. In this subchapter, "bond" includes a note.

  50. Tex. Local Government Code Sec. 336.302. GENERAL POWER TO ISSUE BONDS.

  51. Tex. Local Government Code Sec. 336.303. LEAD GOVERNMENTAL ENTITY'S CONSENT REQUIRED. The district may not issue bonds under this subchapter unless the lead governmental entity's governing body by resolution consents to the issuance.

  52. Tex. Local Government Code Sec. 336.304. SHORT-TERM BONDS.

  53. Tex. Local Government Code Sec. 336.305. ELECTION REQUIRED FOR CERTAIN BONDS SECURED BY TAXES. Except for short-term bonds issued under Section 336.304, bonds payable wholly or partly from taxes may not be issued unless authorized by a majority of the votes received in an election held for that purpose.

  54. Tex. Local Government Code Sec. 336.306. SECURITY PLEDGED.

  55. Tex. Local Government Code Sec. 336.307. LIEN ON REVENUE. The expense of operation and maintenance of library facilities, including salaries, labor, materials, and repairs necessary to provide efficient service, and every other proper item of expense are a first lien and charge against the revenue of a district encumbered under this chapter.

  56. Tex. Local Government Code Sec. 336.308. EXCHANGE OF BONDS FOR EXISTING LIBRARY FACILITIES. A district's revenue bonds may be exchanged, in lieu of cash, for the property of all or part of existing library facilities to be acquired by the district.

  57. Tex. Local Government Code Sec. 336.309. GOVERNMENTAL ENTITIES NOT RESPONSIBLE FOR DISTRICT OBLIGATIONS. A governmental entity, other than the district, is not required to pay a bond or other district obligation.

  58. Tex. Local Government Code Sec. 336.351. PROCEDURE FOR DISSOLUTION.

Chapter 337

  1. Tex. Local Government Code Sec. 337.001. SHORT TITLE. This chapter may be cited as the Cultural Education Facilities Finance Corporation Act.

  2. Tex. Local Government Code Sec. 337.002. LEGISLATIVE FINDINGS. The legislature finds that:

  3. Tex. Local Government Code Sec. 337.003. CONSTRUCTION.

  4. Tex. Local Government Code Sec. 337.004. DEFINITIONS. In this chapter:

  5. Tex. Local Government Code Sec. 337.005. ADOPTION OF ALTERNATE PROCEDURE. If a procedure under this chapter is held by a court to be unconstitutional, a corporation by resolution may provide an alternate procedure conforming to the constitution.

  6. Tex. Local Government Code Sec. 337.011. AUTHORITY TO CREATE.

  7. Tex. Local Government Code Sec. 337.012. GENERAL POWERS.

  8. Tex. Local Government Code Sec. 337.013. SCOPE OF AUTHORITY.

  9. Tex. Local Government Code Sec. 337.014. LIMITATION ON AUTHORITY. The authority of a corporation may not preempt the police powers of any sponsoring entity or any other laws regulating or empowering sponsoring entities to regulate the activities of the corporation.

  10. Tex. Local Government Code Sec. 337.015. LIMITATION ON CORPORATE PURPOSES.

Chapter 341

  1. Tex. Local Government Code Sec. 341.001. POLICE FORCE OF TYPE A GENERAL-LAW MUNICIPALITY.

  2. Tex. Local Government Code Sec. 341.002. POLICE FORCE OF TYPE C GENERAL-LAW MUNICIPALITY. The governing body of a Type C general-law municipality may appoint police officers that the governing body considers necessary and may define the duties of the officers.

  3. Tex. Local Government Code Sec. 341.003. POLICE FORCE OF HOME-RULE MUNICIPALITY. A home-rule municipality may provide for a police department.

  4. Tex. Local Government Code Sec. 341.011. SPECIAL POLICE FORCE IN TYPE A GENERAL-LAW MUNICIPALITY.

  5. Tex. Local Government Code Sec. 341.012. POLICE RESERVE FORCE.

  6. Tex. Local Government Code Sec. 341.021. MARSHAL OF TYPE A GENERAL-LAW MUNICIPALITY.

  7. Tex. Local Government Code Sec. 341.022. MARSHAL OF TYPE B GENERAL-LAW MUNICIPALITY.

  8. Tex. Local Government Code Sec. 341.901. WATCHMEN IN TYPE A GENERAL-LAW MUNICIPALITY. The governing body of a Type A general-law municipality may appoint watchmen and prescribe their powers and duties.

  9. Tex. Local Government Code Sec. 341.902. WORKHOUSE AND HOUSE OF CORRECTION IN TYPE A GENERAL-LAW MUNICIPALITY.

  10. Tex. Local Government Code Sec. 341.903. AUTHORITY OF HOME-RULE MUNICIPALITY TO POLICE MUNICIPALLY OWNED PROPERTY OUTSIDE MUNICIPALITY. A home-rule municipality may police the following areas owned by and located outside the municipality:

  11. Tex. Local Government Code Sec. 341.904. POSSESSION OR USE OF LAW ENFORCEMENT IDENTIFICATION, INSIGNIA, OR VEHICLE IN A MUNICIPALITY.

  12. Tex. Local Government Code Sec. 341.906. LIMITATIONS ON REGISTERED SEX OFFENDERS IN GENERAL-LAW MUNICIPALITIES.

Chapter 342

  1. Tex. Local Government Code Sec. 342.001. SUBCHAPTER APPLICABLE TO TYPE A GENERAL-LAW MUNICIPALITY. This subchapter applies only to a Type A general-law municipality.

  2. Tex. Local Government Code Sec. 342.002. RULES RELATING TO FRAME BUILDINGS.

  3. Tex. Local Government Code Sec. 342.003. FIRE REGULATIONS.

  4. Tex. Local Government Code Sec. 342.004. FIRE DEPARTMENT.

  5. Tex. Local Government Code Sec. 342.005. DESTRUCTION OF BUILDINGS; CLAIM.

  6. Tex. Local Government Code Sec. 342.011. FIRE DEPARTMENT. A home-rule municipality may provide for a fire department.

  7. Tex. Local Government Code Sec. 342.012. DESIGNATION OF FIRE LIMITS; REMOVAL OR DESTRUCTION OF STRUCTURES.

  8. Tex. Local Government Code Sec. 342.013. CONFISCATION OF CERTAIN FIREWORKS PROHIBITED; AFFIRMATIVE DEFENSE.

  9. Tex. Local Government Code Sec. 342.020. MUTUAL FIRE-PROTECTION AGREEMENTS IN BORDER MUNICIPALITIES.

  10. Tex. Local Government Code Sec. 342.901. FIRE SUPPRESSION STANDARDS IN CERTAIN MUNICIPALITIES.

Chapter 343

  1. Tex. Local Government Code Sec. 343.001. DEFINITION. In this chapter, "school crossing guard" has the meaning assigned by Section 541.001, Transportation Code.

  2. Tex. Local Government Code Sec. 343.002. DESIGNATION OF GOVERNMENTAL FUNCTION. The employment, training, equipping, and location of school crossing guards by a political subdivision is a governmental function.

  3. Tex. Local Government Code Sec. 343.011. APPLICATION. This subchapter applies only to a municipality with a population of more than 1.3 million.

  4. Tex. Local Government Code Sec. 343.012. CONTRACT WITH SCHOOL DISTRICTS.

  5. Tex. Local Government Code Sec. 343.013. DEDUCTIONS FROM CHILD SAFETY TRUST FUND.

  6. Tex. Local Government Code Sec. 343.014. PROVISION OF SCHOOL CROSSING GUARDS.

Chapter 344

  1. Tex. Local Government Code Sec. 344.001. SHORT TITLE. This chapter may be cited as the Fire Control, Prevention, and Emergency Medical Services District Act.

  2. Tex. Local Government Code Sec. 344.002. DEFINITIONS. In this chapter:

  3. Tex. Local Government Code Sec. 344.003. LIABILITY OF STATE. The state is not obligated for the support, maintenance, or dissolution of a district created under this chapter.

  4. Tex. Local Government Code Sec. 344.051. AUTHORITY OF MUNICIPALITY TO PROPOSE DISTRICT.

  5. Tex. Local Government Code Sec. 344.052. TEMPORARY BOARD.

  6. Tex. Local Government Code Sec. 344.053. ELECTION REQUIRED. A proposed district may be created and a district tax may be authorized only if the creation and the tax are approved by a majority of the qualified voters of the proposed district voting at an election called and held for that purpose.

  7. Tex. Local Government Code Sec. 344.054. CONFIRMATION ELECTION ORDER.

  8. Tex. Local Government Code Sec. 344.055. SALES AND USE TAX.

  9. Tex. Local Government Code Sec. 344.056. NOTICE OF ELECTION. In addition to the notice required by Section 4.003(c), Election Code, the temporary directors of a proposed district shall give notice of an election to create a district by publishing a substantial copy of the election order in a newspaper with general circulation in the proposed district once a week for two consecutive weeks. The first publication must appear before the 35th day before the date set for the election.

  10. Tex. Local Government Code Sec. 344.057. ELECTION DATE. The election shall be held on the next uniform election date authorized by Section 41.001(a), Election Code, after the date on which the election is ordered that affords sufficient time for election procedures to be carried out.

  11. Tex. Local Government Code Sec. 344.058. BALLOT PROPOSITION. The ballot for an election to create a district shall be printed to permit voting for or against the proposition: "The creation of the ______ (name of the municipality proposing to create the district) Fire Control, Prevention, and Emergency Medical Services District dedicated to fire safety and emergency medical services programs and the adoption of a proposed local sales and use tax at a rate of _______ (rate specified in the election order)."

  12. Tex. Local Government Code Sec. 344.059. CANVASSING RETURNS.

  13. Tex. Local Government Code Sec. 344.060. DISSOLUTION OF TEMPORARY BOARD. If a district has not been created under this chapter before the fifth anniversary of the date a district is first proposed by the governing body or mayor, as appropriate, under Section 344.051:

  14. Tex. Local Government Code Sec. 344.061. FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES PLAN AND BUDGET PLAN.

  15. Tex. Local Government Code Sec. 344.062. FINANCING CREATION OF DISTRICT.

  16. Tex. Local Government Code Sec. 344.101. BOARD OF DIRECTORS.

  17. Tex. Local Government Code Sec. 344.102. PERFORMANCE BOND.

  18. Tex. Local Government Code Sec. 344.103. OFFICERS.

  19. Tex. Local Government Code Sec. 344.104. COMPENSATION. A director or officer serves without compensation, but a director or officer may be reimbursed for actual expenses incurred in the performance of official duties. Those expenses must be reported in the district's minute book or other district record and must be approved by the board.

  20. Tex. Local Government Code Sec. 344.105. VOTING REQUIREMENT. A concurrence of a majority of the members of the board is necessary in matters relating to the business of a district. A two-thirds majority vote of the board is required to reject any application for funding available under this chapter.

  21. Tex. Local Government Code Sec. 344.106. CONTRACT FOR ADMINISTRATIVE ASSISTANCE. The board may contract with a public agency or private vendor to assist the board in the administration or management of the district or to assist the board in the review of applications for funding available under this chapter.

  22. Tex. Local Government Code Sec. 344.151. FINANCING DISTRICT PROGRAMS.

  23. Tex. Local Government Code Sec. 344.152. COORDINATION; EVALUATION; GRANTS.

  24. Tex. Local Government Code Sec. 344.153. GENERAL BOARD POWER OVER FUNDS. The board shall manage, control, and administer the district finances except as provided by Section 344.205.

  25. Tex. Local Government Code Sec. 344.154. USE OF REVENUE. The board may spend revenue derived from the sales and use tax distributed under Section 321.106, Tax Code, only for a purpose authorized by Section 344.151.

  26. Tex. Local Government Code Sec. 344.155. RULES AND PROCEDURES.

  27. Tex. Local Government Code Sec. 344.156. PURCHASING.

  28. Tex. Local Government Code Sec. 344.157. PROPERTY TO BE USED IN ADMINISTRATION. The board may lease or acquire in another manner facilities, equipment, or other property for the sole purpose of administering the district.

  29. Tex. Local Government Code Sec. 344.158. REIMBURSEMENT FOR SERVICES.

  30. Tex. Local Government Code Sec. 344.159. SERVICE CONTRACTS. The board may contract with the following entities to furnish the staff, facilities, equipment, programs, or services the board considers necessary for the effective operation of the district:

  31. Tex. Local Government Code Sec. 344.160. DONATIONS, GIFTS, AND ENDOWMENTS. On behalf of the district, the board or the temporary board may accept a donation, gift, or endowment. The district may hold a donation, gift, or endowment in trust for any purpose and under any direction, limitation, or other provision prescribed in writing by the donor that is consistent with this chapter and the proper management of the district.

  32. Tex. Local Government Code Sec. 344.161. AUTHORITY TO SUE AND BE SUED. The board may sue and be sued in the name of the district.

  33. Tex. Local Government Code Sec. 344.181. ELECTION REQUIRED. The municipality that created a district may add all or part of the territory in the municipality's extraterritorial jurisdiction to the district and the district may impose a tax in that territory only if the addition of the territory and the imposition of the tax are approved by a majority of the qualified voters of the territory to be added voting at an election held for that purpose.

  34. Tex. Local Government Code Sec. 344.182. CONFIRMATION ELECTION ORDER.

  35. Tex. Local Government Code Sec. 344.183. NOTICE OF ELECTION. In addition to the notice required by Section 4.003(c), Election Code, the board shall give notice of an election to add territory to the district by publishing a substantial copy of the election order in a newspaper with general circulation in the territory to be added once a week for two consecutive weeks. The first publication must appear before the 35th day before the date set for the election.

  36. Tex. Local Government Code Sec. 344.184. BALLOT PROPOSITION. The ballot for an election to add territory to a district shall be printed to permit voting for or against the proposition: "The addition of ______ (description of territory to be added) to the ______ (name of the municipality that created the district) Fire Control, Prevention, and Emergency Medical Services District dedicated to fire safety and emergency medical services programs and the adoption of a proposed local sales and use tax in the territory to be added at a rate of _______ (rate specified in the election order)."

  37. Tex. Local Government Code Sec. 344.185. ELECTION RESULTS.

  38. Tex. Local Government Code Sec. 344.201. FISCAL YEAR.

  39. Tex. Local Government Code Sec. 344.202. AUDITS AND DISTRICT RECORDS.

  40. Tex. Local Government Code Sec. 344.203. ANNUAL BUDGET PROPOSAL.

  41. Tex. Local Government Code Sec. 344.204. ADOPTION OF BUDGET.

  42. Tex. Local Government Code Sec. 344.205. APPROVAL OF BUDGET.

  43. Tex. Local Government Code Sec. 344.206. LIMITATIONS ON EXPENDITURES AND INVESTMENTS.

  44. Tex. Local Government Code Sec. 344.207. ACCOUNT OF DISBURSEMENTS OF DISTRICT. Not later than the 60th day after the last day of each fiscal year, an administrator shall prepare for the board a sworn statement of the amount of money that belongs to the district and an account of the disbursements of that money.

  45. Tex. Local Government Code Sec. 344.208. DEPOSIT OF MONEY.

  46. Tex. Local Government Code Sec. 344.209. APPLICATIONS FOR PROGRAM FUNDING.

  47. Tex. Local Government Code Sec. 344.210. BONDS PROHIBITED. The board may not issue or sell general obligation bonds, revenue bonds, or refunding bonds.

  48. Tex. Local Government Code Sec. 344.251. REFERENDUM AUTHORIZED.

  49. Tex. Local Government Code Sec. 344.252. APPLICATION FOR PETITION.

  50. Tex. Local Government Code Sec. 344.253. PETITION.

  51. Tex. Local Government Code Sec. 344.254. COPIES OF APPLICATION AND PETITION. The clerk or secretary of the municipality shall keep an application and a copy of the petition in the files of the clerk's or secretary's office. The clerk shall issue to the applicants as many copies as they request.

  52. Tex. Local Government Code Sec. 344.255. FILING OF PETITION. To form the basis for the ordering of a referendum, the petition must:

  53. Tex. Local Government Code Sec. 344.256. REVIEW BY CLERK OR SECRETARY.

  54. Tex. Local Government Code Sec. 344.257. CERTIFICATION. Not later than the 40th day after the date a petition is filed, excluding Saturdays, Sundays, and legal holidays, the clerk or secretary of the municipality shall certify to the board the number of registered voters signing the petition.

  55. Tex. Local Government Code Sec. 344.258. ELECTION ORDER.

  56. Tex. Local Government Code Sec. 344.259. APPLICABILITY OF ELECTION CODE. A referendum election authorized by this subchapter shall be held and the returns shall be prepared and canvassed in conformity with the Election Code.

  57. Tex. Local Government Code Sec. 344.260. RESULTS OF REFERENDUM.

  58. Tex. Local Government Code Sec. 344.261. ELECTION CONTEST. Not later than the 30th day after the date the result of a referendum is declared, any qualified voter of the district may contest the election by filing a petition in a district court located in the district.

  59. Tex. Local Government Code Sec. 344.301. TIME FOR DISSOLUTION OF DISTRICT.

  60. Tex. Local Government Code Sec. 344.302. DISSOLUTION OF DISTRICT.

Chapter 351

  1. Tex. Local Government Code Sec. 351.001. DUTY TO PROVIDE JAILS; LOCATION.

  2. Tex. Local Government Code Sec. 351.002. JAIL STANDARDS. The jail standards prescribed by this subchapter are minimum standards for county jails. Each county jail must comply with the minimum standards and the rules and procedures of the Commission on Jail Standards.

  3. Tex. Local Government Code Sec. 351.003. EXEMPTION.

  4. Tex. Local Government Code Sec. 351.0035. TEMPORARY HOUSING.

  5. Tex. Local Government Code Sec. 351.0036. HOUSING OF CORRECTIONAL PROGRAM PARTICIPANTS.

  6. Tex. Local Government Code Sec. 351.004. STRUCTURAL AND MAINTENANCE REQUIREMENTS. A county jail must be:

  7. Tex. Local Government Code Sec. 351.007. SPACE REQUIREMENTS.

  8. Tex. Local Government Code Sec. 351.008. ACCESS TO DAY ROOM. A cell, compartment, or dormitory used in a county jail for sleeping purposes and designed to accommodate three or more prisoners must be accessible to a day room to which the prisoners may be given access during the day.

  9. Tex. Local Government Code Sec. 351.009. SAFETY VESTIBULE.

  10. Tex. Local Government Code Sec. 351.010. SANITATION AND HEALTH REQUIREMENTS. A county jail must be:

  11. Tex. Local Government Code Sec. 351.011. FURNISHINGS OF CELLS, COMPARTMENTS, AND DORMITORIES.

  12. Tex. Local Government Code Sec. 351.012. FURNISHINGS OF DAY ROOMS.

  13. Tex. Local Government Code Sec. 351.013. BUNKS.

  14. Tex. Local Government Code Sec. 351.014. HOLDING INSANE PERSONS.

  15. Tex. Local Government Code Sec. 351.015. ENFORCEMENT. This subchapter is enforceable by the Commission on Jail Standards.

  16. Tex. Local Government Code Sec. 351.031. CONTRACT.

  17. Tex. Local Government Code Sec. 351.032. LOCATION OF FACILITY. A joint facility is not required to be located at the county seat of one of the counties.

  18. Tex. Local Government Code Sec. 351.033. FINANCING. A county whose share of capital expenditures under the contract includes costs of acquiring land or acquiring, constructing, enlarging, or improving a joint facility may use any method of financing that share that would be available to the county if it operated its own jail, including issuing general obligation bonds or other evidences of indebtedness as provided by law.

  19. Tex. Local Government Code Sec. 351.034. ADMINISTRATOR.

  20. Tex. Local Government Code Sec. 351.035. DUTIES. The sheriff or jail administrator has all the powers, duties, and responsibilities with regard to keeping prisoners and operating the jail that are given by law to the sheriff in a county operating its own jail.

  21. Tex. Local Government Code Sec. 351.041. SHERIFF.

  22. Tex. Local Government Code Sec. 351.0415. COMMISSARY OPERATION BY SHERIFF OR PRIVATE VENDOR.

  23. Tex. Local Government Code Sec. 351.042. JAIL ADMINISTRATOR IN BEXAR COUNTY. The Commissioners Court of Bexar County may appoint a jail administrator who shall exercise all power, supervision, and control over the jail, including the duties imposed by law on the sheriff with respect to the jail.

  24. Tex. Local Government Code Sec. 351.043. FEDERAL PRISONERS.

  25. Tex. Local Government Code Sec. 351.044. PRISONER IN ANOTHER COUNTY'S JAIL. A county to which a prisoner is sent due to the lack of a safe jail in the sending county as determined by the Commission on Jail Standards may recover by suit from the sending county the reasonable cost of keeping the prisoner.

  26. Tex. Local Government Code Sec. 351.045. EMPLOYMENT OF HEALTH CARE PROVIDERS.

  27. Tex. Local Government Code Sec. 351.046. NOTICE TO CERTAIN GOVERNMENTAL ENTITIES.

  28. Tex. Local Government Code Sec. 351.047. ASSISTANCE WITH REINSTATEMENT OF BENEFITS. The sheriff of a county may enter into an agreement with a third party with experience providing reintegration resources or services to former prisoners under which the third party assists a person who is released or discharged from the county jail with the reinstatement of the person's eligibility for, as appropriate:

  29. Tex. Local Government Code Sec. 351.048. DUTIES FOLLOWING MISCARRIAGE OR PHYSICAL OR SEXUAL ASSAULT OF PREGNANT PRISONER.

  30. Tex. Local Government Code Sec. 351.061. AUTHORITY TO CONTRACT. To protect the public interest, the commissioners court of a county may contract with a nongovernmental association for the provision of law enforcement services by the county on a fee basis in the geographical area represented by the association.

  31. Tex. Local Government Code Sec. 351.062. FEES.

  32. Tex. Local Government Code Sec. 351.063. SERVICES BY SHERIFF OR COUNTY OFFICIAL. The commissioners court may request the sheriff of the county or a county official who has law enforcement authority to provide the services in the geographical area for which the official was elected or appointed.

  33. Tex. Local Government Code Sec. 351.064. USE OF DEPUTIES.

  34. Tex. Local Government Code Sec. 351.065. REPORTS BY DEPUTIES. A deputy performing duties under the contract shall submit written copies of any felony offense report and subsequent copies of investigative reports to the sheriff and any municipal police department in the county that serves the area under contract.

  35. Tex. Local Government Code Sec. 351.066. DUTIES IN AREA SERVED BY MUNICIPAL POLICE.

  36. Tex. Local Government Code Sec. 351.067. MUNICIPAL APPROVAL OF CONTRACT COVERING AREA WITHIN MUNICIPALITY.

  37. Tex. Local Government Code Sec. 351.081. ESTABLISHMENT IN POPULOUS COUNTIES. The commissioners court of a county with a population of more than 3.3 million or a county that borders the Gulf of Mexico may establish a department of county park rangers.

  38. Tex. Local Government Code Sec. 351.082. APPOINTMENT OF CHIEF. The commissioners court shall appoint the county sheriff or other qualified person as chief of the department. The chief shall administer the department under the supervision of the commissioners court.

  39. Tex. Local Government Code Sec. 351.083. LAW ENFORCEMENT SERVICES IN COUNTY PARKS. The department shall provide law enforcement services within the county parks of the county and, in a county that borders the Gulf of Mexico, in the unincorporated areas of the county that are located on an island or isthmus.

  40. Tex. Local Government Code Sec. 351.084. STAFF; AUTHORITY AS PEACE OFFICERS.

  41. Tex. Local Government Code Sec. 351.101. AUTHORITY TO CONTRACT. The commissioners court of a county, with the approval of the sheriff of the county, may contract with a private organization to place inmates in a detention facility operated by the organization. The commissioners court may not contract with a private organization in which a member of the court or an elected or appointed peace officer who serves in the county has a financial interest or in which an employee or commissioner of the Commission on Jail Standards has a financial interest. A contract made in violation of this section is void.

  42. Tex. Local Government Code Sec. 351.102. ADDITIONAL AUTHORITY TO CONTRACT. The commissioners court of a county may contract with a private vendor to provide for the financing, design, construction, leasing, operation, purchase, maintenance, or management of a jail, detention center, work camp, or related facility. The commissioners court may not award a contract under this section unless the commissioners court requests proposals by public notice and not less than 30 days from such notice receives a proposal that meets or exceeds the requirements specified in the request for proposals. Before the commissioners court of a county enters into a contract under this section, the commissioners court of the county must receive the written approval of the sheriff of the county, which written approval shall not be unreasonably withheld, or if the county has a population of 2.8 million or more:

  43. Tex. Local Government Code Sec. 351.103. CONTRACT REQUIREMENTS. A contract made under Section 351.102 must:

  44. Tex. Local Government Code Sec. 351.1035. DISADVANTAGED BUSINESSES.

  45. Tex. Local Government Code Sec. 351.104. SOVEREIGN IMMUNITY INAPPLICABLE. A private vendor operating under a contract authorized by Section 351.102 is not entitled to claim sovereign immunity in a suit arising from the services performed under the contract by the private vendor. However, this section does not deprive the private vendor or the county of any benefits of any law limiting exposure to liability, setting a limit on damages, or establishing defenses to liability.

  46. Tex. Local Government Code Sec. 351.121. DEFINITIONS. In this subchapter:

  47. Tex. Local Government Code Sec. 351.122. ELIGIBLE COUNTIES; PURPOSE; BOUNDARIES.

  48. Tex. Local Government Code Sec. 351.123. PETITION.

  49. Tex. Local Government Code Sec. 351.124. HEARING.

  50. Tex. Local Government Code Sec. 351.125. GRANTING OR DENYING PETITION.

  51. Tex. Local Government Code Sec. 351.126. APPOINTMENT OF TEMPORARY DIRECTORS.

  52. Tex. Local Government Code Sec. 351.127. CONFIRMATION ELECTION.

  53. Tex. Local Government Code Sec. 351.128. BOND AND TAX PROPOSITION.

  54. Tex. Local Government Code Sec. 351.129. BOARD OF DIRECTORS.

  55. Tex. Local Government Code Sec. 351.130. METHOD OF ELECTION; STAGGERED TERMS; TERM OF OFFICE; ELECTION DATE.

  56. Tex. Local Government Code Sec. 351.131. OATH; COMPENSATION; OFFICERS; QUORUM.

  57. Tex. Local Government Code Sec. 351.132. GENERAL MANAGER; EMPLOYEES.

  58. Tex. Local Government Code Sec. 351.133. DISTRICT OFFICE; MEETINGS; MINUTES; RECORDS; SEAL.

  59. Tex. Local Government Code Sec. 351.134. CONTRACTS; SUITS; PAYMENT OF JUDGMENT; INSURANCE.

  60. Tex. Local Government Code Sec. 351.135. GENERAL POWERS. To carry out this subchapter, the district may:

  61. Tex. Local Government Code Sec. 351.136. ACQUISITION OF PROPERTY FOR SITE; LEASE; EMINENT DOMAIN.

  62. Tex. Local Government Code Sec. 351.137. CONSTRUCTION CONTRACTS.

  63. Tex. Local Government Code Sec. 351.138. CONTRACTOR'S BOND.

  64. Tex. Local Government Code Sec. 351.139. MONITORING CONSTRUCTION WORK.

  65. Tex. Local Government Code Sec. 351.140. PAYMENT FOR CONSTRUCTION WORK.

  66. Tex. Local Government Code Sec. 351.141. FINAL APPROVAL AND CONVEYANCE BY BOARD.

  67. Tex. Local Government Code Sec. 351.142. RESPONSIBILITIES OF RECEIVING COUNTY.

  68. Tex. Local Government Code Sec. 351.143. CHANGES AND ADDITIONS TO FACILITIES.

  69. Tex. Local Government Code Sec. 351.144. CONTRACTS FOR PURCHASE OF VEHICLES, EQUIPMENT, AND SUPPLIES OVER $5,000.

  70. Tex. Local Government Code Sec. 351.145. FISCAL YEAR; ANNUAL AUDIT; ANNUAL BUDGET.

  71. Tex. Local Government Code Sec. 351.146. DEPOSITORY.

  72. Tex. Local Government Code Sec. 351.147. INVESTMENTS.

  73. Tex. Local Government Code Sec. 351.148. REPAYMENT OF ORGANIZATIONAL EXPENSES.

  74. Tex. Local Government Code Sec. 351.149. ISSUANCE OF BONDS. The board may issue and sell bonds in the name of the district to acquire land to erect a jail facility and to construct, acquire, or improve a jail facility. The bond proceeds may be used to pay or establish a reasonable reserve to pay not more than three years' interest on the bonds and notes of the district and to pay expenses related to issuance and sale of bonds as provided by the bond orders or resolutions.

  75. Tex. Local Government Code Sec. 351.150. MANNER OF REPAYMENT OF BONDS. The board may provide for the payment of the principal of and interest on the bonds:

  76. Tex. Local Government Code Sec. 351.151. BOND AND TAX ELECTION.

  77. Tex. Local Government Code Sec. 351.152. FORM OF BONDS.

  78. Tex. Local Government Code Sec. 351.153. PROVISIONS OF BONDS.

  79. Tex. Local Government Code Sec. 351.154. APPROVAL BY ATTORNEY GENERAL; REGISTRATION BY COMPTROLLER.

  80. Tex. Local Government Code Sec. 351.155. REFUNDING BONDS.

  81. Tex. Local Government Code Sec. 351.156. BONDS AS INVESTMENTS; BONDS AS SECURITY FOR DEPOSITS.

  82. Tex. Local Government Code Sec. 351.157. TAX STATUS OF BONDS. Bonds issued by a district under this subchapter, any transaction relating to the bonds, and profits made in the sale of the bonds are free from taxation by the state or by any municipality, county, special district, or other political subdivision of the state.

  83. Tex. Local Government Code Sec. 351.158. LEVY OF TAXES.

  84. Tex. Local Government Code Sec. 351.159. DISSOLUTION OF DISTRICT.

  85. Tex. Local Government Code Sec. 351.181. ESTABLISHMENT. The commissioners court of a county may establish a county correctional center after receiving the written consent of the sheriff. A sheriff may not unreasonably withhold consent under this subsection.

  86. Tex. Local Government Code Sec. 351.182. POWERS AND DUTIES OF SHERIFF. The sheriff of the county in which a county correctional center has been established is responsible for the operation of the center, but must consult with the director of the community supervision and corrections department serving the county about issues relating to probationers participating in county correctional center programs.

  87. Tex. Local Government Code Sec. 351.183. PROGRAMS. The sheriff, through a county correctional center program, may:

  88. Tex. Local Government Code Sec. 351.184. CERTIFICATION.

  89. Tex. Local Government Code Sec. 351.185. PAYMENT OF STATE AID.

  90. Tex. Local Government Code Sec. 351.186. REPORTS. The sheriff of a county receiving state aid under this subchapter shall submit reports as required by the community justice assistance division of the Texas Department of Criminal Justice.

  91. Tex. Local Government Code Sec. 351.201. COUNTY JAIL INDUSTRIES PROGRAM.

  92. Tex. Local Government Code Sec. 351.202. REVENUE. Money received from the operation of a county jail industries program shall be deposited in the general revenue fund of the county to be used as reimbursement for the cost of inmate confinement. The cost to a county for an inmate's participation in a county jail industries program is considered to be a part of the cost of confinement of the inmate.

  93. Tex. Local Government Code Sec. 351.251. DEFINITIONS. In this subchapter:

  94. Tex. Local Government Code Sec. 351.252. ESTABLISHMENT.

  95. Tex. Local Government Code Sec. 351.253. PRESIDING OFFICER. The response team shall elect a presiding officer from among its members.

  96. Tex. Local Government Code Sec. 351.254. MEETINGS.

  97. Tex. Local Government Code Sec. 351.255. VACANCIES. The commissioners court of a county shall fill a vacancy for a response team member not later than the 30th day after the date the vacancy occurs and in the same manner as the original appointment.

  98. Tex. Local Government Code Sec. 351.256. ADULT SEXUAL ASSAULT RESPONSE PROTOCOL.

  99. Tex. Local Government Code Sec. 351.257. REPORT.

  100. Tex. Local Government Code Sec. 351.2571. NONCOMPLIANCE. Failure to comply with the requirements of Section 351.257 may be used to determine eligibility for receiving grant funds from the office of the governor or another state agency.

  101. Tex. Local Government Code Sec. 351.258. MEETINGS AND RECORDS; CONFIDENTIALITY.

  102. Tex. Local Government Code Sec. 351.901. DONATION TO CERTAIN CRIME STOPPERS AND CRIME PREVENTION ORGANIZATIONS.

  103. Tex. Local Government Code Sec. 351.902. BUREAU OF CRIMINAL IDENTIFICATION.

  104. Tex. Local Government Code Sec. 351.904. ELECTRONIC MONITORING PROGRAM.

Chapter 352

  1. Tex. Local Government Code Sec. 352.001. FIRE PROTECTION OF COUNTY RESIDENTS.

  2. Tex. Local Government Code Sec. 352.002. USE OF SURPLUS OR SALVAGE PROPERTY BY VOLUNTEER FIRE DEPARTMENT.

  3. Tex. Local Government Code Sec. 352.003. FIRE PROTECTION IN CERTAIN COUNTIES.

  4. Tex. Local Government Code Sec. 352.004. AGENCY; LIABILITY.

  5. Tex. Local Government Code Sec. 352.005. CONTRACTUAL PROVISION OF FIRE-FIGHTING EQUIPMENT OR SERVICES.

  6. Tex. Local Government Code Sec. 352.006. SALE OF USED FIRE PROTECTION OR FIRE-FIGHTING EQUIPMENT TO CERTAIN VOLUNTEER FIRE DEPARTMENTS.

  7. Tex. Local Government Code Sec. 352.011. CREATION OF OFFICE; TERM.

  8. Tex. Local Government Code Sec. 352.012. QUALIFICATIONS FOR OFFICE.

  9. Tex. Local Government Code Sec. 352.0125. CERTIFICATION REQUIREMENTS IN CERTAIN COUNTIES.

  10. Tex. Local Government Code Sec. 352.013. INVESTIGATION OF FIRES.

  11. Tex. Local Government Code Sec. 352.014. RECORD OF INVESTIGATION. The county fire marshal shall keep a record of each fire that the marshal is required to investigate. The record must include the facts, statistics, and circumstances determined by the investigation, including the origin of the fire and the estimated amount of the loss. Each fire department and state or local agency that provides emergency medical services must submit reports requested by the county fire marshal in a timely manner.

  12. Tex. Local Government Code Sec. 352.015. ARSON INVESTIGATION.

  13. Tex. Local Government Code Sec. 352.016. INSPECTION OR REVIEW OF PLAN FOR FIRE OR LIFE SAFETY HAZARDS.

  14. Tex. Local Government Code Sec. 352.0165. INSPECTION OF GROUP HOMES IN CERTAIN COUNTIES; FEE.

  15. Tex. Local Government Code Sec. 352.017. PRIVACY OF EXAMINATIONS; SERVICE OF PROCESS.

  16. Tex. Local Government Code Sec. 352.018. EFFECT ON CIVIL ACTIONS.

  17. Tex. Local Government Code Sec. 352.019. COOPERATION WITH OTHER FIRE PROTECTION AGENCIES; TRAINING FOR FIRST RESPONDERS.

  18. Tex. Local Government Code Sec. 352.020. LIABILITY. The county fire marshal and the assistants and employees of the office are not liable in damages for any acts or omissions in the performance of their duties except in cases of gross negligence or wilful malfeasance.

  19. Tex. Local Government Code Sec. 352.021. CONTEMPT OF FIRE INVESTIGATION PROCEEDINGS.

  20. Tex. Local Government Code Sec. 352.022. PENALTY FOR FAILURE TO COMPLY WITH ORDER. An owner or occupant who is subject to an order issued under Section 352.016 or 352.0165 commits an offense if that person fails to comply with the order. Each refusal to comply is a separate offense. The offense is a Class B misdemeanor unless it is shown on the trial of the offense that the defendant has been previously convicted two or more times under this section, in which event the offense is a state jail felony.

  21. Tex. Local Government Code Sec. 352.023. EXEMPTION. This subchapter does not apply to a state agency that is authorized to prevent and extinguish forest and grass fires.

  22. Tex. Local Government Code Sec. 352.024. AUTHORITY TO COMMISSION CERTAIN FIRE PROTECTION OFFICERS AS PEACE OFFICERS.

  23. Tex. Local Government Code Sec. 352.051. REGULATION OF RESTRICTED FIREWORKS.

  24. Tex. Local Government Code Sec. 352.081. REGULATION OF OUTDOOR BURNING.

  25. Tex. Local Government Code Sec. 352.082. OUTDOOR BURNING OF HOUSEHOLD REFUSE IN CERTAIN RESIDENTIAL AREAS.

  26. Tex. Local Government Code Sec. 352.111. GATED COMMUNITY OR HOUSING PROJECT SUBJECT TO SUBCHAPTER. This subchapter applies only to a gated community, or to a multi-unit housing project that controls access to the project by a pedestrian or vehicular gate, located outside municipal boundaries in an area not already subject to municipal regulations regarding vehicular or pedestrian gates.

  27. Tex. Local Government Code Sec. 352.112. DEFINITIONS. In this subchapter:

  28. Tex. Local Government Code Sec. 352.113. COUNTY AUTHORITY TO REGULATE VEHICULAR OR PEDESTRIAN GATES TO GATED COMMUNITIES AND MULTI-UNIT HOUSING PROJECTS. To assure reasonable access for fire-fighting vehicles and equipment, emergency medical services vehicles, and law enforcement officers, a county may require the owner or the owners association of a gated community or multi-unit housing project to comply with this subchapter.

  29. Tex. Local Government Code Sec. 352.114. LOCKBOX REQUIREMENTS.

  30. Tex. Local Government Code Sec. 352.1145. SIREN-OPERATED SENSOR SYSTEMS FOR ELECTRIC GATES. The commissioners court of a county by order may require that each electric gate to a gated community or multiunit housing project be equipped with a gate-operating device that:

  31. Tex. Local Government Code Sec. 352.115. ADDITIONAL ACCESSIBILITY REQUIREMENTS.

  32. Tex. Local Government Code Sec. 352.116. BUILDING IDENTIFICATION. A county may require each residential building in a multi-unit housing project to have a number or letter in a contrasting color on the side of the building and placed so that the number or letter can be seen from the vehicular driving areas by a responding emergency agency.

  33. Tex. Local Government Code Sec. 352.117. COUNTY AUTHORITY TO REQUIRE PERMIT.

  34. Tex. Local Government Code Sec. 352.118. SUSPENSION OR REVOCATION OF LICENSE.

  35. Tex. Local Government Code Sec. 352.119. LIMITATION ON SPECIFIC COUNTY STANDARDS.

  36. Tex. Local Government Code Sec. 352.120. OFFENSE. A person who violates this subchapter or a regulation adopted under this subchapter in a county that requires compliance with this subchapter under Section 352.113 commits an offense. An offense under this section is a Class C misdemeanor.

Chapter 353

  1. Tex. Local Government Code Sec. 353.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 353.002. APPLICABILITY. This chapter applies to an incident involving hazardous material that has been leaked, spilled, released, or abandoned on any property.

  3. Tex. Local Government Code Sec. 353.003. HAZARDOUS MATERIALS SERVICES.

  4. Tex. Local Government Code Sec. 353.004. FEE FOR PROVIDING HAZARDOUS MATERIALS SERVICE; EXCEPTION.

  5. Tex. Local Government Code Sec. 353.005. EXEMPTION FOR GOVERNMENTAL ENTITIES. This chapter does not apply to hazardous materials owned or possessed by a governmental entity.

Chapter 361

  1. Tex. Local Government Code Sec. 361.001. MUNICIPALITIES AND COUNTIES COVERED BY SUBCHAPTER. This subchapter applies only to:

  2. Tex. Local Government Code Sec. 361.002. CRIMINAL JUSTICE CENTER; OFFICE RESTRICTION INAPPLICABLE.

  3. Tex. Local Government Code Sec. 361.003. CONTRACT PROVISIONS RELATING TO JOINT CENTER.

  4. Tex. Local Government Code Sec. 361.004. GRANTS AND LOANS. To finance the facilities of the criminal justice center, the municipality or county jointly or severally may accept grants, gratuities, advances, and loans from the United States, this state, an agency of this state, a private or public corporation, or any other person.

  5. Tex. Local Government Code Sec. 361.021. DEFINITION. In this subchapter, "law" means a state statute, a written opinion of a court of record, a municipal ordinance, an order of the commissioners court of a county, or a rule adopted under a statute.

  6. Tex. Local Government Code Sec. 361.022. CONTRACT TO PROVIDE JUSTICE CENTER.

  7. Tex. Local Government Code Sec. 361.023. CONTRACTUAL AUTHORITY CONTINGENT ON LEGISLATION OF OTHER STATE. A county or municipality in this state may make the contract only if the other state enacts legislation that relates to the establishment of a justice center under a contract and that:

  8. Tex. Local Government Code Sec. 361.024. FINANCING OF JUSTICE CENTER. The governing body of the municipality or county in this state that makes the contract may finance its share of the construction, operation, management, or other financing costs of the justice center by any means, including the use of available federal funds, that the governing body may use to finance the type of facilities that the municipality or county will use in or provide to the center.

  9. Tex. Local Government Code Sec. 361.025. MANAGEMENT OF JUSTICE CENTER; PERSONNEL.

  10. Tex. Local Government Code Sec. 361.026. RESPONSIBILITY FOR OPERATION OF JAIL. The contract must provide:

  11. Tex. Local Government Code Sec. 361.027. COURTROOMS AND COURT PROCEEDINGS AT JUSTICE CENTER.

  12. Tex. Local Government Code Sec. 361.028. EXTENT TO WHICH EACH STATE'S LAW APPLIES AT JUSTICE CENTER.

  13. Tex. Local Government Code Sec. 361.029. ARREST, PROSECUTION, EXTRADITION, AND SERVICE OF PROCESS AT JUSTICE CENTER.

  14. Tex. Local Government Code Sec. 361.041. MUNICIPAL-COUNTY JAIL FACILITIES IN COUNTY WITH POPULATION OF LESS THAN 20,000.

  15. Tex. Local Government Code Sec. 361.042. MUNICIPAL-COUNTY JAIL FACILITIES IN CERTAIN COUNTIES.

  16. Tex. Local Government Code Sec. 361.043. JAILER FOR MUNICIPAL-COUNTY JAIL FACILITIES.

  17. Tex. Local Government Code Sec. 361.051. DEFINITIONS. In this subchapter:

  18. Tex. Local Government Code Sec. 361.052. FINANCING ELIGIBLE PROJECTS.

  19. Tex. Local Government Code Sec. 361.053. REVENUE BONDS.

  20. Tex. Local Government Code Sec. 361.054. LIMITATIONS ON OBLIGATIONS AND LEASE OBLIGATIONS.

  21. Tex. Local Government Code Sec. 361.061. AUTHORITY TO CONTRACT. The governing body of a municipality may contract with a private vendor or a county to provide for the financing, design, construction, leasing, operation, purchase, maintenance, or management of a jail, detention center, work camp, or related facility.

  22. Tex. Local Government Code Sec. 361.062. CONTRACT REQUIREMENTS. A contract made under this subchapter must:

  23. Tex. Local Government Code Sec. 361.063. AWARD OF IMPROVEMENT PROJECT.

  24. Tex. Local Government Code Sec. 361.064. SOVEREIGN IMMUNITY INAPPLICABLE. A private vendor operating under a contract authorized by this subchapter is not entitled to claim sovereign immunity in a suit arising from the services performed under the contract by the private vendor. However, this section does not deprive the municipality, private vendor, or county of any benefits of any law limiting exposure to liability, setting a limit on damages, or establishing defenses to liability.

  25. Tex. Local Government Code Sec. 361.065. MAXIMUM INMATE POPULATION. A facility authorized by this subchapter must be designed, constructed, operated, and maintained to hold not more than an average daily population of 4,000 inmates.

  26. Tex. Local Government Code Sec. 361.066. APPLICATION TO PRIOR FACILITIES. The governing body may not convert a facility into a correctional facility operated by a private vendor if, before August 3, 1987, the facility is:

  27. Tex. Local Government Code Sec. 361.067. LOCATION OF JAIL RESTRICTED IN POPULOUS MUNICIPALITY.

  28. Tex. Local Government Code Sec. 361.081. SUPERVISORY OR DISCIPLINARY AUTHORITY OF INMATES.

  29. Tex. Local Government Code Sec. 361.082. RESTRAINT OF PREGNANT INMATE OR DEFENDANT.

  30. Tex. Local Government Code Sec. 361.101. APPLICATION OF LAW RELATING TO FREE EXERCISE OF RELIGION. For purposes of Chapter 110, Civil Practice and Remedies Code, an ordinance, rule, order, decision, or practice that applies to a person in the custody of a municipal or county jail or other correctional facility operated by or under a contract with a county or municipality is presumed to be in furtherance of a compelling governmental interest and the least restrictive means of furthering that interest. The presumption may be rebutted.

  31. Tex. Local Government Code Sec. 361.901. AIDS AND HIV TESTING IN COUNTY AND MUNICIPAL JAILS; SEGREGATION.

Chapter 362

  1. Tex. Local Government Code Sec. 362.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 362.002. LAW ENFORCEMENT ASSISTANCE.

  3. Tex. Local Government Code Sec. 362.003. PROVISIONS RELATING TO LAW ENFORCEMENT OFFICERS.

  4. Tex. Local Government Code Sec. 362.004. MULTICOUNTY DRUG TASK FORCE.

  5. Tex. Local Government Code Sec. 362.005. TEXAS TRANSNATIONAL INTELLIGENCE CENTER.

  6. Tex. Local Government Code Sec. 362.006. ESTABLISHMENT OF CERTAIN LAW ENFORCEMENT AGENCIES. A county may establish a law enforcement agency only if authorized by the constitution or other law.

Chapter 363

  1. Tex. Local Government Code Sec. 363.001. SHORT TITLE. This chapter may be cited as the Crime Control and Prevention District Act.

  2. Tex. Local Government Code Sec. 363.002. DEFINITIONS. In this chapter:

  3. Tex. Local Government Code Sec. 363.003. LIABILITY OF STATE. The state is not obligated for the support, maintenance, or dissolution of a crime control district created under this chapter.

  4. Tex. Local Government Code Sec. 363.051. POLITICAL SUBDIVISIONS AUTHORIZED TO CREATE DISTRICT.

  5. Tex. Local Government Code Sec. 363.052. TEMPORARY BOARD.

  6. Tex. Local Government Code Sec. 363.053. ELECTION REQUIRED. A district proposed by the governing body may be created and a tax may be authorized only if the creation and the tax are approved by a majority of the qualified voters of the proposed district voting at an election called and held for that purpose.

  7. Tex. Local Government Code Sec. 363.054. ELECTION ORDER.

  8. Tex. Local Government Code Sec. 363.055. SALES TAX: RATE; LIMITATION; MUNICIPAL AUTHORITY.

  9. Tex. Local Government Code Sec. 363.056. NOTICE OF ELECTION. In addition to the notice required by Section 4.003(c), Election Code, the temporary directors of a proposed district shall give notice of an election to create a district by publishing a substantial copy of the election order in a newspaper with general circulation in the proposed district once a week for two consecutive weeks. The first publication must appear before the 35th day before the date set for the election.

  10. Tex. Local Government Code Sec. 363.057. ELECTION DATE. The election shall be held on the first uniform election date that occurs after the 34th day after the date on which the election is ordered.

  11. Tex. Local Government Code Sec. 363.058. BALLOT PROPOSITION. The ballot for an election to create a district shall be printed to permit voting for or against the proposition: "The creation of the ________ (name of the political subdivision proposing to create the district) Crime Control and Prevention District dedicated to crime reduction programs and the adoption of a proposed local sales and use tax at a rate of ______ (rate specified in the election order)."

  12. Tex. Local Government Code Sec. 363.059. CANVASSING RETURNS.

  13. Tex. Local Government Code Sec. 363.060. DISSOLUTION OF TEMPORARY BOARD. If a district has not been created under this chapter before the fifth anniversary of the date a district is proposed by the governing body, the temporary board is dissolved on that date and a district may not be created under this chapter.

  14. Tex. Local Government Code Sec. 363.061. CRIME CONTROL PLAN AND BUDGET PLAN.

  15. Tex. Local Government Code Sec. 363.062. FINANCING CREATION OF DISTRICT.

  16. Tex. Local Government Code Sec. 363.063. DONATIONS, GIFTS, AND ENDOWMENTS. On behalf of a district, the temporary board may accept donations, gifts, and endowments to be held in trust for any purpose and under any direction, limitation, or provision prescribed in writing by the donor that is consistent with this chapter and the proper management of the district.

  17. Tex. Local Government Code Sec. 363.101. BOARD OF DIRECTORS.

  18. Tex. Local Government Code Sec. 363.1015. ALTERNATE FORMS OF APPOINTMENT: BOARD OF DIRECTORS.

  19. Tex. Local Government Code Sec. 363.102. FILING OF OFFICER'S BOND.

  20. Tex. Local Government Code Sec. 363.103. OFFICERS.

  21. Tex. Local Government Code Sec. 363.104. COMPENSATION. A director or officer serves without compensation, but a director or officer may be reimbursed for actual expenses incurred in the performance of official duties. Those expenses must be reported in the district's minute book or other district record and must be approved by the board.

  22. Tex. Local Government Code Sec. 363.105. VOTING REQUIREMENT. A concurrence of a majority of the members of the board is necessary in matters relating to the business of a district. A two-thirds majority vote of the board is required to reject any application for funding available under this chapter.

  23. Tex. Local Government Code Sec. 363.106. CONTRACT FOR ADMINISTRATIVE ASSISTANCE. The board may contract with a public agency or private vendor to assist in the administration or management of the district or to assist in the review of applications for funding available under this chapter.

  24. Tex. Local Government Code Sec. 363.151. DISTRICT RESPONSIBILITIES; LIMITATIONS ON EXPENDITURES.

  25. Tex. Local Government Code Sec. 363.152. COORDINATION; EVALUATION; GRANTS.

  26. Tex. Local Government Code Sec. 363.153. GENERAL BOARD POWER OVER FUNDS. The board shall manage, control, and administer the district funds except as provided by Section 363.205.

  27. Tex. Local Government Code Sec. 363.154. USE OF REVENUE.

  28. Tex. Local Government Code Sec. 363.1541. REDUCTION OF TAX RATE FOR CERTAIN DISTRICTS.

  29. Tex. Local Government Code Sec. 363.155. RULES AND PROCEDURES.

  30. Tex. Local Government Code Sec. 363.156. PURCHASING.

  31. Tex. Local Government Code Sec. 363.157. PROPERTY TO BE USED IN ADMINISTRATION. The board may lease or acquire in another manner facilities, equipment, or other property for the sole purpose of administering the district.

  32. Tex. Local Government Code Sec. 363.158. REIMBURSEMENT FOR SERVICES.

  33. Tex. Local Government Code Sec. 363.159. SERVICE CONTRACTS. When acting on behalf of the district, the board may contract with the following entities to furnish the staff, facilities, equipment, programs, and services the board considers necessary for the effective operation of the district:

  34. Tex. Local Government Code Sec. 363.160. DONATIONS, GIFTS, AND ENDOWMENTS. On behalf of the district, the board may accept donations, gifts, and endowments to be held in trust for any purpose and under any direction, limitation, or other provision prescribed in writing by the donor that is consistent with this chapter and the proper management of the district.

  35. Tex. Local Government Code Sec. 363.161. AUTHORITY TO SUE AND BE SUED. The board may sue and be sued in the name of the district.

  36. Tex. Local Government Code Sec. 363.181. ELECTION REQUIRED. The governing body that created a district may add all or part of the territory in the political subdivision governed by that body to the district and the district may impose a tax in that territory only if the addition of the territory and the imposition of the tax are approved by a majority of the qualified voters of the territory to be added voting at an election held for that purpose.

  37. Tex. Local Government Code Sec. 363.182. ELECTION ORDER.

  38. Tex. Local Government Code Sec. 363.183. NOTICE OF ELECTION. In addition to the notice required by Section 4.003(c), Election Code, the board shall give notice of an election to add territory to the district by publishing a substantial copy of the election order in a newspaper with general circulation in the territory to be added once a week for two consecutive weeks. The first publication must appear before the 35th day before the date set for the election.

  39. Tex. Local Government Code Sec. 363.184. BALLOT PROPOSITION. The ballot for an election to add territory to a district shall be printed to permit voting for or against the proposition: "The addition of ________ (description of territory to be added) to the ________ (name of the political subdivision that created the district) Crime Control and Prevention District dedicated to crime reduction programs and the adoption of a proposed local sales and use tax in the territory to be added at a rate of ______ (rate specified in the election order)."

  40. Tex. Local Government Code Sec. 363.185. ELECTION RESULTS.

  41. Tex. Local Government Code Sec. 363.201. FISCAL YEAR.

  42. Tex. Local Government Code Sec. 363.202. AUDITS AND DISTRICT RECORDS.

  43. Tex. Local Government Code Sec. 363.203. ANNUAL BUDGET PROPOSAL.

  44. Tex. Local Government Code Sec. 363.204. ADOPTION OF BUDGET BY BOARD.

  45. Tex. Local Government Code Sec. 363.205. APPROVAL OF BUDGET BY GOVERNING BODY OF CREATING POLITICAL SUBDIVISION.

  46. Tex. Local Government Code Sec. 363.206. LIMITATIONS ON EXPENDITURES AND INVESTMENTS.

  47. Tex. Local Government Code Sec. 363.207. ACCOUNT OF DISBURSEMENTS OF DISTRICT. Not later than the 60th day after the last day of each fiscal year, an administrator shall prepare for the board a sworn statement of the amount of money that belongs to the district and an account of the disbursements of that money.

  48. Tex. Local Government Code Sec. 363.208. DEPOSIT OF FUNDS.

  49. Tex. Local Government Code Sec. 363.209. APPLICATIONS FOR PROGRAM FUNDING.

  50. Tex. Local Government Code Sec. 363.210. BONDS PROHIBITED. The board may not issue or sell general obligation bonds, revenue bonds, or refunding bonds.

  51. Tex. Local Government Code Sec. 363.251. REFERENDUM AUTHORIZED.

  52. Tex. Local Government Code Sec. 363.2515. CONTINUATION OF DISTRICT: CERTAIN POLITICAL SUBDIVISIONS.

  53. Tex. Local Government Code Sec. 363.252. APPLICATION FOR PETITION.

  54. Tex. Local Government Code Sec. 363.253. PETITION.

  55. Tex. Local Government Code Sec. 363.254. COPIES OF APPLICATION AND PETITION. The clerk of the political subdivision shall keep an application and a copy of the petition in the files of the clerk's office. The clerk shall issue to the applicants as many copies as they request.

  56. Tex. Local Government Code Sec. 363.255. FILING OF PETITION. To form the basis for the ordering of a referendum, the petition must:

  57. Tex. Local Government Code Sec. 363.256. REVIEW BY CLERK.

  58. Tex. Local Government Code Sec. 363.257. CERTIFICATION. Not later than the 40th day after the date a petition is filed, excluding Saturdays, Sundays, and legal holidays, the clerk of the political subdivision shall certify to the board the number of registered voters signing the petition.

  59. Tex. Local Government Code Sec. 363.258. ELECTION ORDER.

  60. Tex. Local Government Code Sec. 363.259. APPLICABILITY OF ELECTION CODE. A referendum authorized by this subchapter shall be held and the returns shall be prepared and canvassed in conformity with the Election Code.

  61. Tex. Local Government Code Sec. 363.260. RESULTS OF REFERENDUM.

  62. Tex. Local Government Code Sec. 363.261. ELECTION CONTEST. Not later than the 30th day after the date the result of a referendum is declared, any qualified voter of the district may contest the election by filing a petition in a district court located in the district.

  63. Tex. Local Government Code Sec. 363.262. EFFECTIVE DATE OF TAX CHANGE.

  64. Tex. Local Government Code Sec. 363.301. TIME FOR DISSOLUTION OF DISTRICT.

  65. Tex. Local Government Code Sec. 363.302. DISSOLUTION OF DISTRICT.

Chapter 364

  1. Tex. Local Government Code Sec. 364.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 364.002. POLICY ON CAMPING BANS.

  3. Tex. Local Government Code Sec. 364.003. INJUNCTIVE RELIEF.

  4. Tex. Local Government Code Sec. 364.004. DENIAL OF STATE GRANT FUNDS.

Chapter 365

  1. Tex. Local Government Code Sec. 365.001. APPLICABILITY.

  2. Tex. Local Government Code Sec. 365.002. TEMPORARY SECURE WEAPON STORAGE.

  3. Tex. Local Government Code Sec. 365.003. SELF-SERVICE WEAPON LOCKERS FOR TEMPORARY SECURE STORAGE.

  4. Tex. Local Government Code Sec. 365.004. TEMPORARY SECURE WEAPON STORAGE ADMINISTERED BY EMPLOYEE OF POLITICAL SUBDIVISION.

  5. Tex. Local Government Code Sec. 365.005. FEES. A political subdivision under this chapter may collect a fee of not more than $5 for the use of a self-service weapon locker or other temporary secure weapon storage.

  6. Tex. Local Government Code Sec. 365.006. UNCLAIMED WEAPONS.

Chapter 370

  1. Tex. Local Government Code Sec. 370.001. HEALTH CONTRACTS IN BORDER MUNICIPALITIES OR COUNTIES. The governing body of a municipality or county that has a boundary that is contiguous with the border between this state and the Republic of Mexico may contract with a border municipality or state in the Republic of Mexico to provide or receive health services.

  2. Tex. Local Government Code Sec. 370.003. MUNICIPAL OR COUNTY POLICY REGARDING ENFORCEMENT OF DRUG LAWS. The governing body of a municipality, the commissioners court of a county, or a sheriff, municipal police department, municipal attorney, county attorney, district attorney, or criminal district attorney may not adopt a policy under which the entity will not fully enforce laws relating to drugs, including Chapters 481 and 483, Health and Safety Code, and federal law.

  3. Tex. Local Government Code Sec. 370.004. NOTICE OF DAMAGED FENCE.

  4. Tex. Local Government Code Sec. 370.005. MUNICIPAL OR COUNTY POLICY REGARDING MAINTENANCE OF PORTABLE FIRE EXTINGUISHERS IN GOVERNMENT-OWNED VEHICLES.

  5. Tex. Local Government Code Sec. 370.006. ASSISTANCE IN MAN-MADE OR NATURAL DISASTER.

  6. Tex. Local Government Code Sec. 370.007. PARTICIPATION AGREEMENT FOR OVERDOSE MAPPING.

  7. Tex. Local Government Code Sec. 370.008. JUVENILE CURFEWS PROHIBITED.

  8. Tex. Local Government Code Sec. 370.009. APPOINTING OR EMPLOYING CERTAIN VETERANS TO POSITION REQUIRING LICENSURE.

Chapter 371

  1. Tex. Local Government Code Sec. 371.001. AUTHORITY TO APPROPRIATE; CREATION OF BOARD.

  2. Tex. Local Government Code Sec. 371.002. COMPOSITION OF BOARD.

  3. Tex. Local Government Code Sec. 371.003. DUTIES OF BOARD.

  4. Tex. Local Government Code Sec. 371.004. MANAGEMENT OF BOARD. To carry out this subchapter, the governing body of the municipality may appoint a person to manage the promotion, development, tourism, and convention activities of the municipality or may designate an official of the municipality to perform that function. The person appointed or designated shall serve ex officio as secretary of the board created for the municipality.

  5. Tex. Local Government Code Sec. 371.005. CUMULATIVE EFFECT. This subchapter is cumulative of powers that a municipality obtains under its charter and does not impair such a power.

  6. Tex. Local Government Code Sec. 371.021. APPROPRIATION OF FUNDS FOR ADVERTISING.

  7. Tex. Local Government Code Sec. 371.041. PLANNING; FUNDING. A municipality may compile statistics, conduct studies, and formulate plans related to future growth and development of the municipality. The municipality must pass an ordinance authorizing the expenditure of funds for those purposes before making the expenditures.

  8. Tex. Local Government Code Sec. 371.042. CREATION OF JOINT PLANNING COMMISSION.

  9. Tex. Local Government Code Sec. 371.043. MASTER PLAN; OTHER DUTIES.

  10. Tex. Local Government Code Sec. 371.044. OPEN MEETINGS AND RECORDS. Meetings of a joint planning commission are open to the public. Records, minutes, books, and accounts of the commission are subject to public inspection.

  11. Tex. Local Government Code Sec. 371.045. CUMULATIVE EFFECT. Authority under this subchapter is cumulative of other authority that a municipality has to expend public funds from the municipal treasury for the purposes of municipal planning and does not limit that other authority.

Chapter 372

  1. Tex. Local Government Code Sec. 372.001. SHORT TITLE. This subchapter may be cited as the Public Improvement District Assessment Act.

  2. Tex. Local Government Code Sec. 372.0015. DEFINITIONS. In this subchapter:

  3. Tex. Local Government Code Sec. 372.002. EXERCISE OF POWERS. Powers granted under this subchapter may be exercised by a municipality or county in which the governing body of the municipality or county initiates or receives a petition requesting the establishment of a public improvement district. A petition must comply with the requirements of Section 372.005.

  4. Tex. Local Government Code Sec. 372.003. AUTHORIZED IMPROVEMENTS.

  5. Tex. Local Government Code Sec. 372.0035. COMMON CHARACTERISTIC OR USE FOR PROJECTS IN MUNICIPALITIES.

  6. Tex. Local Government Code Sec. 372.004. COMBINED IMPROVEMENTS. An improvement project may consist of an improvement on more than one street or of more than one type of improvement. A project described by this section may be included in one proceeding and financed as one improvement project.

  7. Tex. Local Government Code Sec. 372.005. PETITION.

  8. Tex. Local Government Code Sec. 372.0055. DEFERRED ASSESSMENT; ESTIMATE. If a proposed improvement under Section 372.005 includes a deferred assessment, before holding the hearing required by Section 372.009, the governing body of the municipality or county must estimate:

  9. Tex. Local Government Code Sec. 372.006. FINDINGS. If a petition that complies with this subchapter is filed, the governing body of the municipality or county may make findings by resolution as to the advisability of the proposed improvement, its estimated cost, the method of assessment, and the apportionment of cost between the proposed improvement district and the municipality or county as a whole.

  10. Tex. Local Government Code Sec. 372.007. FEASIBILITY REPORT.

  11. Tex. Local Government Code Sec. 372.008. ADVISORY BODY.

  12. Tex. Local Government Code Sec. 372.0081. ADVISORY BODY MEETINGS BY TELECOMMUNICATION DEVICE.

  13. Tex. Local Government Code Sec. 372.009. HEARING.

  14. Tex. Local Government Code Sec. 372.010. IMPROVEMENT ORDER.

  15. Tex. Local Government Code Sec. 372.011. DISSOLUTION. A public hearing may be called and held in the same manner as a hearing under Section 372.009 for the purpose of dissolving a district if a petition requesting dissolution is filed and the petition contains the signatures of at least enough property owners in the district to make a petition sufficient under Section 372.005(b). If the district is dissolved, the district nonetheless shall remain in effect for the purpose of meeting obligations of indebtedness for improvements.

  16. Tex. Local Government Code Sec. 372.012. AREA OF DISTRICT. The area of a public improvement district to be assessed according to the findings of the governing body of the municipality or county may be less than the area described in the proposed boundaries stated by the notice under Section 372.009. The area to be assessed may not include property not described by the notice as being within the proposed boundaries of the district unless a hearing is held to include the property and notice for the hearing is given in the same manner as notice under Section 372.009.

  17. Tex. Local Government Code Sec. 372.0121. INCLUSION OF PROPERTY IN COMMON CHARACTERISTIC PUBLIC IMPROVEMENT DISTRICT.

  18. Tex. Local Government Code Sec. 372.013. SERVICE PLAN.

  19. Tex. Local Government Code Sec. 372.014. ASSESSMENT PLAN; PAYMENT BY EXEMPT JURISDICTIONS.

  20. Tex. Local Government Code Sec. 372.015. DETERMINATION OF ASSESSMENT.

  21. Tex. Local Government Code Sec. 372.016. PROPOSED ASSESSMENT ROLL.

  22. Tex. Local Government Code Sec. 372.017. LEVY OF ASSESSMENT.

  23. Tex. Local Government Code Sec. 372.0175. CONTRACTS FOR COLLECTION OF ASSESSMENTS. The governing body of a municipality or county may contract with the governing body of another taxing unit, as defined by Section 1.04, Tax Code, or the board of directors of an appraisal district to perform the duties of the municipality or county relating to collection of special assessments levied under this subchapter.

  24. Tex. Local Government Code Sec. 372.018. INTEREST ON ASSESSMENT; LIEN.

  25. Tex. Local Government Code Sec. 372.019. SUPPLEMENTAL ASSESSMENTS. After notice and a hearing, the governing body of the municipality or county may make supplemental assessments to correct omissions or mistakes in the assessment relating to the total cost of the improvement. Notice must be given and the hearing held under this section in the same manner as required by Sections 372.016 and 372.017.

  26. Tex. Local Government Code Sec. 372.020. REASSESSMENT. The governing body of the municipality or county may make a reassessment or new assessment of a parcel of land if:

  27. Tex. Local Government Code Sec. 372.021. SPECIAL IMPROVEMENT DISTRICT FUND.

  28. Tex. Local Government Code Sec. 372.022. SEPARATE FUNDS. If bonds are issued, a separate public improvement district fund shall be created in the municipal or county treasury for each district. Proceeds from the sale of bonds, temporary notes, and time warrants, and other sums appropriated to the fund by the governing body of the municipality or county shall be credited to the fund. The fund may be used solely to pay costs incurred in making an improvement. When an improvement is completed, the balance of the part of the assessment that is for improvements shall be transferred to the fund established for the retirement of bonds.

  29. Tex. Local Government Code Sec. 372.023. PAYMENT OF COSTS.

  30. Tex. Local Government Code Sec. 372.024. GENERAL OBLIGATION AND REVENUE BONDS. General obligation bonds issued to pay costs under Section 372.023(d) must be issued under the provisions of Subtitles A and C, Title 9, Government Code. Revenue bonds issued to pay costs under that subsection may be issued from time to time in one or more series and are to be payable from and secured by liens on all or part of the revenue derived from improvements authorized under this subchapter, including revenue derived from installment payments of special assessments.

  31. Tex. Local Government Code Sec. 372.025. TERMS AND CONDITIONS OF BONDS.

  32. Tex. Local Government Code Sec. 372.026. PLEDGES.

  33. Tex. Local Government Code Sec. 372.027. REFUNDING BONDS.

  34. Tex. Local Government Code Sec. 372.028. APPROVAL AND REGISTRATION.

  35. Tex. Local Government Code Sec. 372.029. AUTHORIZED INVESTMENTS; SECURITY.

  36. Tex. Local Government Code Sec. 372.030. SUBCHAPTER NOT EXCLUSIVE. This subchapter is an alternative to other methods by which a municipality may finance public improvements by assessing property owners.

  37. Tex. Local Government Code Sec. 372.041. AUTHORITY OF HOME-RULE MUNICIPALITY.

  38. Tex. Local Government Code Sec. 372.151. APPLICABILITY. This subchapter applies only to a county that:

  39. Tex. Local Government Code Sec. 372.152. ISSUANCE OF BONDS TO REIMBURSE ACQUIRED PUBLIC IMPROVEMENTS.

Chapter 373

  1. Tex. Local Government Code Sec. 373.001. SHORT TITLE. This chapter may be cited as the Texas Community Development Act of 1975.

  2. Tex. Local Government Code Sec. 373.002. LEGISLATIVE FINDING; PUBLIC PURPOSES.

  3. Tex. Local Government Code Sec. 373.003. DEFINITION. In this chapter, "community development program" means a program adopted under this chapter.

  4. Tex. Local Government Code Sec. 373.004. GOALS OF PROGRAM. Through a community development program, a municipality may conduct work or activities designed to:

  5. Tex. Local Government Code Sec. 373.005. ELEMENTS OF PROGRAM.

  6. Tex. Local Government Code Sec. 373.006. REQUIRED PROCEDURES BEFORE ADOPTION OF COMMUNITY DEVELOPMENT PROGRAM. Before exercising powers under Section 373.005, the governing body of the municipality must:

  7. Tex. Local Government Code Sec. 373.007. LIMITATION ON MUNICIPAL POWERS; EFFECT ON URBAN RENEWAL.

Chapter 374

  1. Tex. Local Government Code Sec. 374.001. SHORT TITLE. This chapter may be cited as the Texas Urban Renewal Law.

  2. Tex. Local Government Code Sec. 374.002. LEGISLATIVE FINDINGS; INTENT.

  3. Tex. Local Government Code Sec. 374.003. DEFINITIONS. In this chapter:

  4. Tex. Local Government Code Sec. 374.011. RESOLUTION; ELECTION.

  5. Tex. Local Government Code Sec. 374.012. ALTERNATE APPROVAL PROCESS FOR CERTAIN PROJECTS.

  6. Tex. Local Government Code Sec. 374.013. USE OF PUBLIC OR PRIVATE RESOURCES.

  7. Tex. Local Government Code Sec. 374.014. MUNICIPAL URBAN RENEWAL PLAN.

  8. Tex. Local Government Code Sec. 374.015. GENERAL MUNICIPAL POWERS RELATING TO URBAN RENEWAL.

  9. Tex. Local Government Code Sec. 374.016. SLUM CLEARANCE.

  10. Tex. Local Government Code Sec. 374.017. DISPOSITION OF PROPERTY.

  11. Tex. Local Government Code Sec. 374.021. EXERCISE OF URBAN RENEWAL PROJECT POWERS.

  12. Tex. Local Government Code Sec. 374.022. CREATION OF URBAN RENEWAL AGENCY.

  13. Tex. Local Government Code Sec. 374.023. BOARD OF COMMISSIONERS.

  14. Tex. Local Government Code Sec. 374.024. AGENCY PERSONNEL; REPORT.

  15. Tex. Local Government Code Sec. 374.025. APPROVAL REQUIREMENT. An urban renewal agency created under this subchapter may not undertake a renewal or rehabilitation project until the area proposed as a renewal or rehabilitation area and the plan of improvement for the project area are approved by the governing body of the municipality.

  16. Tex. Local Government Code Sec. 374.026. URBAN RENEWAL BONDS.

  17. Tex. Local Government Code Sec. 374.031. ELECTION REQUIRED.

  18. Tex. Local Government Code Sec. 374.032. TAX INCREMENT FUND. On approval of an urban renewal plan by the governing body of a municipality and on approval of tax increment financing as required by Section 374.031, the governing body by resolution shall establish a fund known as the tax increment fund.

  19. Tex. Local Government Code Sec. 374.033. COMPUTATION OF TAX INCREMENTS.

  20. Tex. Local Government Code Sec. 374.034. ALLOCATION OF TAX COLLECTIONS AND TAX INCREMENTS; TAX INCREMENT FUND.

  21. Tex. Local Government Code Sec. 374.035. TAX INCREMENT BONDS.

  22. Tex. Local Government Code Sec. 374.036. DISBURSEMENTS FROM TAX INCREMENT FUND.

  23. Tex. Local Government Code Sec. 374.037. MUNICIPAL ANNUAL REPORT; STATEMENT.

  24. Tex. Local Government Code Sec. 374.901. USE OF ACQUIRED PROPERTY FOR PUBLIC HOUSING.

  25. Tex. Local Government Code Sec. 374.902. EXERCISE OF URBAN RENEWAL POWERS BY CERTAIN COUNTIES.

  26. Tex. Local Government Code Sec. 374.903. URBAN RENEWAL IN DISASTER AREA. If the governing body of a municipality certifies that an area needs redevelopment or rehabilitation because of a flood, fire, hurricane, earthquake, storm, or other catastrophe for which the governor has certified the state's need for disaster assistance under applicable federal law, the governing body may approve an urban renewal plan and an urban renewal project for the affected area without regard to Section 374.014(d) and to the provisions of this chapter that require a general plan for the municipality and a public hearing on the urban renewal project.

  27. Tex. Local Government Code Sec. 374.904. COSTS OF RELOCATION. If the relocating, raising, rerouting, changing of grade, or altering the construction of a railroad, electric transmission line, pipeline, or telephone or telegraph property or facility is made necessary by the exercise of powers conferred under this chapter on a municipality, an urban renewal agency, or another public body, the necessary action shall be made at the expense of the public body that made the change necessary.

  28. Tex. Local Government Code Sec. 374.905. MUNICIPAL PROPERTY EXEMPT FROM LEVY AND EXECUTION.

  29. Tex. Local Government Code Sec. 374.906. POWERS OF PUBLIC BODY.

  30. Tex. Local Government Code Sec. 374.907. TITLE OF PURCHASER. An instrument executed by a municipality or by an urban renewal agency that purports to convey a right, title, or interest in property under this chapter is conclusively presumed to have been executed in compliance with this chapter as regards the title or other interest of a bona fide purchaser, lessee, or transferee of the property.

  31. Tex. Local Government Code Sec. 374.908. CONFLICT OF INTEREST.

  32. Tex. Local Government Code Sec. 374.909. JUDICIAL PROCEEDINGS.

  33. Tex. Local Government Code Sec. 374.910. EFFECT ON MUNICIPAL POWERS.

Chapter 375

  1. Tex. Local Government Code Sec. 375.001. LEGISLATIVE FINDINGS; PURPOSES.

  2. Tex. Local Government Code Sec. 375.002. CONSTRUCTION OF CHAPTER.

  3. Tex. Local Government Code Sec. 375.003. DEFINITIONS. In this chapter:

  4. Tex. Local Government Code Sec. 375.004. GOVERNMENTAL AGENCY; TORT CLAIMS.

  5. Tex. Local Government Code Sec. 375.022. PETITION.

  6. Tex. Local Government Code Sec. 375.025. HEARING.

  7. Tex. Local Government Code Sec. 375.026. ORDER; INITIAL DIRECTORS. If the commission grants the petition, the commission in the order creating the district shall state the specific purposes for which the district is created and shall appoint the initial directors.

  8. Tex. Local Government Code Sec. 375.041. COMMISSION ORDER. The boundaries of a district are as prescribed by the commission order creating the district. The commission may issue a subsequent order changing the boundaries of the district.

  9. Tex. Local Government Code Sec. 375.042. MISTAKE IN BOUNDARY DESCRIPTION. If in the petition or order a mistake is made in the field notes or in copying the field notes of the boundaries of a district, the mistake does not affect:

  10. Tex. Local Government Code Sec. 375.043. ANNEXATION; NOTICE OF BOUNDARIES.

  11. Tex. Local Government Code Sec. 375.044. EXCLUDING TERRITORY; NOTICE OF BOUNDARIES.

  12. Tex. Local Government Code Sec. 375.061. NUMBER OF DIRECTORS; TERMS. A district is governed by a board of at least five but not more than 30 directors who serve staggered four-year terms.

  13. Tex. Local Government Code Sec. 375.062. TERMS OF INITIAL DIRECTORS. The initial directors shall be divided into two groups that are as equal in number as possible; one group serves four-year terms and one group serves two-year terms. The grouping of initial directors and terms for the directors in each group shall be determined by the commission.

  14. Tex. Local Government Code Sec. 375.063. QUALIFICATIONS OF DIRECTOR. To be qualified to serve as a director, a person must be at least 18 years old and:

  15. Tex. Local Government Code Sec. 375.064. RECOMMENDATIONS FOR SUCCEEDING BOARD.

  16. Tex. Local Government Code Sec. 375.0645. ELECTION OF DIRECTORS.

  17. Tex. Local Government Code Sec. 375.065. REMOVAL OF DIRECTOR. The governing body of the municipality after notice and hearing may remove a director appointed by the municipality for misconduct or failure to carry out the director's duties on petition by a majority of the remaining directors.

  18. Tex. Local Government Code Sec. 375.066. BOARD VACANCY. A vacancy in the office of director shall be filled by the remaining members of the board for the unexpired term.

  19. Tex. Local Government Code Sec. 375.067. DIRECTOR'S BOND AND OATH.

  20. Tex. Local Government Code Sec. 375.068. OFFICERS. After directors are appointed or elected as provided by this subchapter and have qualified by executing a bond and taking the oath, they shall organize by electing a president, a vice-president, a secretary, and any other officers the board considers necessary.

  21. Tex. Local Government Code Sec. 375.069. BOARD POSITION NOT CIVIL OFFICE OF EMOLUMENT. A position on the board may not be construed to be a civil office of emolument for any purpose, including those purposes described by Article XVI, Section 40, of the Texas Constitution.

  22. Tex. Local Government Code Sec. 375.070. COMPENSATION OF DIRECTORS; REIMBURSEMENT OF EXPENSES. A director is not entitled to compensation for service on the board but is entitled to be reimbursed for necessary expenses incurred in carrying out the duties and responsibilities of a director.

  23. Tex. Local Government Code Sec. 375.071. QUORUM.

  24. Tex. Local Government Code Sec. 375.072. PARTICIPATION IN VOTING.

  25. Tex. Local Government Code Sec. 375.091. GENERAL POWERS OF DISTRICT. A district has the rights, powers, privileges, authority, and functions conferred by the general law of this state applicable to conservation and reclamation districts created under Article XVI, Section 59, of the Texas Constitution, including those conferred by Chapter 54, Water Code.

  26. Tex. Local Government Code Sec. 375.092. SPECIFIC POWERS.

  27. Tex. Local Government Code Sec. 375.0921. AUTHORITY FOR ROAD PROJECTS.

  28. Tex. Local Government Code Sec. 375.0922. ROAD STANDARDS AND REQUIREMENTS.

  29. Tex. Local Government Code Sec. 375.093. USE AND ALTERATION OF PUBLIC WAYS.

  30. Tex. Local Government Code Sec. 375.094. NO EMINENT DOMAIN POWER. A district may not exercise the power of eminent domain.

  31. Tex. Local Government Code Sec. 375.095. MANAGEMENT BY BOARD OF DIRECTORS. The responsibility for the management, operation, and control of the property belonging to a district is vested in the board.

  32. Tex. Local Government Code Sec. 375.096. SPECIFIC POWERS AND DUTIES OF BOARD.

  33. Tex. Local Government Code Sec. 375.097. HEARINGS EXAMINER; ADMINISTRATIVE PROCEDURE ACT.

  34. Tex. Local Government Code Sec. 375.098. DISTRICT ACT OR PROCEEDING PRESUMED VALID.

  35. Tex. Local Government Code Sec. 375.111. GENERAL POWERS RELATING TO ASSESSMENTS. In addition to the powers provided by Subchapter E, the board of a district may undertake improvement projects and services that confer a special benefit on all or a definable part of the district. The board may levy and collect special assessments on property in that area, based on the benefit conferred by the improvement project or services, to pay all or part of the cost of the project and services. If the board determines that there is a benefit to the district, the district may provide improvements and services to an area outside the boundaries of the district.

  36. Tex. Local Government Code Sec. 375.112. SPECIFIC POWERS RELATING TO ASSESSMENTS.

  37. Tex. Local Government Code Sec. 375.113. PROPOSED ASSESSMENTS. Services or improvement projects may be financed under this chapter after a hearing notice given as required by this subchapter and a public hearing by the board on the advisability of the improvements and services and the proposed assessments.

  38. Tex. Local Government Code Sec. 375.114. PETITION REQUIRED. The board may not finance improvement projects or services under this chapter unless a written petition has been filed with the board requesting those improvements or services signed by:

  39. Tex. Local Government Code Sec. 375.115. NOTICE OF HEARING.

  40. Tex. Local Government Code Sec. 375.116. CONCLUSION OF HEARING; FINDINGS.

  41. Tex. Local Government Code Sec. 375.117. AREA TO BE ASSESSED.

  42. Tex. Local Government Code Sec. 375.118. OBJECTIONS; LEVY OF ASSESSMENT.

  43. Tex. Local Government Code Sec. 375.119. APPORTIONMENT OF COST. The portion of the cost of an improvement project or services to be assessed against the property in the district shall be apportioned by the board based on the special benefits accruing to the property because of the improvement project or services. The cost may be assessed:

  44. Tex. Local Government Code Sec. 375.120. ASSESSMENT ROLL. If the total cost of an improvement project or services is determined, the board shall levy the assessments against each parcel of land against which an assessment may be levied in the district. With regard to an assessment for services, the board may levy an annual assessment that may be lower but not higher than the initial assessment. The board shall have an assessment roll prepared showing the assessments against each property and the board's basis for the assessment. The assessment roll shall be filed with the secretary of the board or other officer who performs the function of secretary and be open for public inspection.

  45. Tex. Local Government Code Sec. 375.121. INTEREST ON ASSESSMENTS; LIEN.

  46. Tex. Local Government Code Sec. 375.122. SUPPLEMENTAL ASSESSMENTS. After notice and hearing in the manner required for original assessments, the board may make supplemental assessments to correct omissions or mistakes in the assessment:

  47. Tex. Local Government Code Sec. 375.123. APPEAL.

  48. Tex. Local Government Code Sec. 375.124. APPEAL OF ORDER. A person against whom an assessment is made by board order may appeal the assessment to a district court in the county in which the district is located in the manner provided for the appeal of contested cases under Chapter 2001, Government Code. Review by the district court is by trial de novo.

  49. Tex. Local Government Code Sec. 375.141. IMPOSITION OF IMPACT FEES.

  50. Tex. Local Government Code Sec. 375.142. PROCEDURE FOR ADOPTING IMPACT FEES. Impact fees shall be adopted under the procedures provided by Chapter 395, Local Government Code.

  51. Tex. Local Government Code Sec. 375.161. CERTAIN RESIDENTIAL PROPERTY EXEMPT.

  52. Tex. Local Government Code Sec. 375.162. GOVERNMENTAL ENTITIES; ASSESSMENTS. Payment of assessments by municipalities, counties, other political subdivisions, and organizations exempt from federal income tax under Section 501(c)(3), Internal Revenue Code of 1986, shall be established by contract. Municipalities, counties, and other political subdivisions may contract with the district under terms and conditions those entities consider advisable to provide for the payment of assessments.

  53. Tex. Local Government Code Sec. 375.163. RECREATIONAL, PARK, OR SCENIC USE PROPERTY.

  54. Tex. Local Government Code Sec. 375.164. RESIDENTIAL PROPERTY EXEMPTED BY BOARD. The board may exempt residential property from all or a part of the assessments levied on that property or determine that residential property will not be benefited by the proposed improvement project or services.

  55. Tex. Local Government Code Sec. 375.165. GOVERNMENTAL ENTITIES; IMPACT FEES.

  56. Tex. Local Government Code Sec. 375.181. FUNDS AVAILABLE FOR PAYMENT OF PROJECTS AND SERVICES.

  57. Tex. Local Government Code Sec. 375.182. PROHIBITED USE OF FUNDS. Funds may not be spent, an assessment imposed, or a tax levied under this chapter to finance the opening, reopening, or maintenance of a pass, canal, or waterway across a barrier island connecting the Gulf of Mexico with inland waters.

  58. Tex. Local Government Code Sec. 375.201. GENERAL OBLIGATION AND REVENUE BONDS. For the payment of all or part of the costs of an improvement project or services, the board may issue bonds in one or more series payable from and secured by ad valorem taxes, assessments, impact fees, revenues, grants, gifts, contracts, leases, or any combination of those funds. Bonds may be liens on all or part of the revenue derived from improvements authorized under this chapter, including installment payments of special assessments or from any other source pledged to their payment.

  59. Tex. Local Government Code Sec. 375.202. TERMS AND CONDITIONS OF BONDS.

  60. Tex. Local Government Code Sec. 375.203. PLEDGES.

  61. Tex. Local Government Code Sec. 375.204. REFUNDING BONDS.

  62. Tex. Local Government Code Sec. 375.205. APPROVAL BY ATTORNEY GENERAL; REGISTRATION.

  63. Tex. Local Government Code Sec. 375.206. AUTHORIZED INVESTMENTS; SECURITY.

  64. Tex. Local Government Code Sec. 375.207. MUNICIPAL APPROVAL.

  65. Tex. Local Government Code Sec. 375.208. COMMISSION APPROVAL. A district must obtain approval of the commission as provided by Section 49.181, Water Code, only if the bonds are to provide water, sewage, or drainage facilities.

  66. Tex. Local Government Code Sec. 375.209. TAXES FOR BONDS. At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of a continuing direct annual ad valorem tax, without limit as to rate or amount, while all or part of the bonds are outstanding as required and in the manner provided by Sections 54.601 and 54.602, Water Code.

  67. Tex. Local Government Code Sec. 375.221. APPLICABILITY OF WATER DISTRICTS LAW TO COMPETITIVE BIDDING ON CERTAIN CONTRACTS.

  68. Tex. Local Government Code Sec. 375.222. DISADVANTAGED BUSINESSES.

  69. Tex. Local Government Code Sec. 375.223. SUPERSEDES OTHER LAW. This chapter states the required procedures necessary for the district to award contracts and supersedes any law or other requirement with respect to award of contracts.

  70. Tex. Local Government Code Sec. 375.241. TIME OF ELECTION.

  71. Tex. Local Government Code Sec. 375.242. ELECTION CALLED BY BOARD. The board may call an election for the purpose of voting on any measure.

  72. Tex. Local Government Code Sec. 375.243. PETITION REQUIRED FOR BOND ELECTION. The board may not call a bond election unless a written petition has been filed with the board requesting an election signed by the owners of a majority of the assessed value of the property subject to assessment or taxation by the district as determined from the most recent certified county property tax rolls.

  73. Tex. Local Government Code Sec. 375.244. ELECTION TO APPROVE ISSUANCE OF BONDS.

  74. Tex. Local Government Code Sec. 375.261. DISSOLUTION BY BOARD VOTE. Except as limited by Section 375.264, the board of a district by majority vote may dissolve the district at any time.

  75. Tex. Local Government Code Sec. 375.262. DISSOLUTION BY PETITION BY OWNERS. Except as limited by Section 375.264, the board shall dissolve the district on written petition filed with the board by the owners of at least two-thirds of the assessed value of the property subject to assessment or taxation by the district based on the most recent certified county property tax rolls.

  76. Tex. Local Government Code Sec. 375.2621. PROHIBITION ON ISSUANCE OF BONDS AFTER PETITION. If a petition for dissolution under Section 375.262 is filed with the board, the board must consider the petition not later than the 60th day after the date the petition is filed. The district may not issue bonds secured by assessments after the date the board confirms that the petition is valid and complete under Section 375.262.

  77. Tex. Local Government Code Sec. 375.263. DISSOLUTION BY MUNICIPAL ORDINANCE.

  78. Tex. Local Government Code Sec. 375.264. LIMITATIONS ON DISSOLUTION BY BOARD OF DISTRICT WITH DEBT.

  79. Tex. Local Government Code Sec. 375.281. CONTRACTS WITH DISTRICT. Notwithstanding any other law to the contrary, a state agency, municipality, county, other political subdivision, corporation, individual, or other entity may contract with a district without further authorization to carry out the purposes of this chapter.

  80. Tex. Local Government Code Sec. 375.282. STRATEGIC PARTNERSHIP AGREEMENT. A district with territory in the extraterritorial jurisdiction of a municipality may negotiate and enter into a written strategic partnership with the municipality under Section 43.0751.

  81. Tex. Local Government Code Sec. 375.301. LEGISLATIVE FINDINGS; PURPOSES.

  82. Tex. Local Government Code Sec. 375.302. CONSTRUCTION OF SUBCHAPTER.

  83. Tex. Local Government Code Sec. 375.303. DEFINITIONS. In this subchapter:

  84. Tex. Local Government Code Sec. 375.304. ELIGIBILITY FOR CREATION BY MUNICIPALITY.

  85. Tex. Local Government Code Sec. 375.305. HEARING ON CREATION OF AUTHORITY.

  86. Tex. Local Government Code Sec. 375.306. BOARD OF DIRECTORS.

  87. Tex. Local Government Code Sec. 375.307. QUALIFICATIONS OF DIRECTORS.

  88. Tex. Local Government Code Sec. 375.308. POWERS OF THE AUTHORITY; MUNICIPALITY.

  89. Tex. Local Government Code Sec. 375.3085. ANNEXATION OR DISANNEXATION.

  90. Tex. Local Government Code Sec. 375.309. MUNICIPAL ANNEXATION OF AREA IN AN AUTHORITY.

  91. Tex. Local Government Code Sec. 375.310. AUTHORITY PLAN.

  92. Tex. Local Government Code Sec. 375.311. SALES AND USE TAX.

  93. Tex. Local Government Code Sec. 375.312. ZONING AND PLANNING.

  94. Tex. Local Government Code Sec. 375.313. REGIONAL DEVELOPMENT AGREEMENTS.

  95. Tex. Local Government Code Sec. 375.314. DISSOLUTION OF THE AUTHORITY.

  96. Tex. Local Government Code Sec. 375.315. EFFECTIVENESS STUDY; REPORT.

  97. Tex. Local Government Code Sec. 375.351. CONSOLIDATION OF DISTRICTS.

  98. Tex. Local Government Code Sec. 375.352. TERMS AND CONDITIONS FOR CONSOLIDATION.

  99. Tex. Local Government Code Sec. 375.353. NOTICE AND HEARING ON CONSOLIDATION.

  100. Tex. Local Government Code Sec. 375.354. GOVERNING CONSOLIDATED DISTRICTS.

  101. Tex. Local Government Code Sec. 375.355. DEBTS OF ORIGINAL DISTRICTS.

  102. Tex. Local Government Code Sec. 375.356. ASSESSMENT AND COLLECTION OF TAXES. If the consolidated district has taxing authority, the district shall assess and collect taxes on all property in the district uniformly, for maintenance and operation of the district.

  103. Tex. Local Government Code Sec. 375.357. FILING OF ORDER WITH COUNTY CLERK AND EXECUTIVE DIRECTOR. A consolidation order issued by the board shall be kept in the records of the consolidated district, recorded in the office of the county clerk in each of the counties in the consolidated district, and filed with the executive director of the commission.

Chapter 376

  1. Tex. Local Government Code Sec. 376.001. AUTHORIZED FINANCING. An assessment under this chapter may finance:

  2. Tex. Local Government Code Sec. 376.002. CERTAIN FINANCING PROHIBITED. An assessment under this chapter may not be used to finance:

  3. Tex. Local Government Code Sec. 376.003. CONSENT FOR ASSESSMENT REQUIRED. A municipality may impose an assessment under this chapter only with the consent of the owner of the assessed property at the time of the assessment.

  4. Tex. Local Government Code Sec. 376.004. DESIGNATION OF AREA FOR ASSESSMENT.

  5. Tex. Local Government Code Sec. 376.005. RESOLUTION OF INTENTION TO CONTRACT FOR ASSESSMENT.

  6. Tex. Local Government Code Sec. 376.006. REPORT REGARDING ASSESSMENT. An appropriate municipal official designated in the resolution shall prepare a report containing:

  7. Tex. Local Government Code Sec. 376.007. DIRECT PURCHASE BY OWNER. On the written consent of an authorized municipal official, the proposed arrangements for financing the program pertaining to the installation of distributed generation renewable energy sources or energy efficiency improvements that are permanently fixed to real property may authorize the property owner to:

  8. Tex. Local Government Code Sec. 376.008. LIEN. An assessment imposed under this chapter and any interest or penalties on the assessment constitutes a lien against the lot on which the assessment is imposed until the assessment, interest, or penalty is paid.

Chapter 377

  1. Tex. Local Government Code Sec. 377.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 377.002. SCOPE.

  3. Tex. Local Government Code Sec. 377.003. CONSTITUTIONAL PURPOSE. This chapter creates a program under Section 52-a, Article III, Texas Constitution.

  4. Tex. Local Government Code Sec. 377.021. CREATION.

  5. Tex. Local Government Code Sec. 377.022. POLITICAL SUBDIVISION; OPEN MEETINGS.

  6. Tex. Local Government Code Sec. 377.051. COMPOSITION AND APPOINTMENT OF BOARD.

  7. Tex. Local Government Code Sec. 377.052. COMPENSATION. A board member is not entitled to compensation, but is entitled to reimbursement for actual and necessary expenses.

  8. Tex. Local Government Code Sec. 377.053. MEETINGS. The board shall conduct its meetings in the municipality that created the district.

  9. Tex. Local Government Code Sec. 377.054. OFFICERS. The board shall designate from the members of the board a presiding officer, a secretary, and other officers the board considers necessary.

  10. Tex. Local Government Code Sec. 377.071. GENERAL POWERS OF DISTRICT.

  11. Tex. Local Government Code Sec. 377.072. DEVELOPMENT PROJECT FUND.

  12. Tex. Local Government Code Sec. 377.073. BONDS AND OTHER OBLIGATIONS.

  13. Tex. Local Government Code Sec. 377.074. PUBLIC PURPOSE OF PROJECT.

  14. Tex. Local Government Code Sec. 377.101. SALES AND USE TAX.

  15. Tex. Local Government Code Sec. 377.102. TAX CODE APPLICABLE.

  16. Tex. Local Government Code Sec. 377.103. TAX RATE. The rate of a tax adopted under this subchapter must be one-eighth, one-fourth, three-eighths, or one-half of one percent.

  17. Tex. Local Government Code Sec. 377.104. REPEAL OR RATE CHANGE.

  18. Tex. Local Government Code Sec. 377.105. IMPOSITION OF TAX.

  19. Tex. Local Government Code Sec. 377.106. EFFECTIVE DATE OF TAX. Except as provided by Section 377.107, the adoption of the tax, the change of the tax rate, or the repeal of the tax takes effect on the first day of the first calendar quarter occurring after the expiration of the first complete quarter occurring after the date on which the comptroller receives a notice of the results of the election adopting, changing, or repealing the tax.

  20. Tex. Local Government Code Sec. 377.107. COLLECTION OF TAX TO PAY BONDS OR OTHER OBLIGATIONS.

  21. Tex. Local Government Code Sec. 377.108. DEPOSIT OF TAX REVENUES. Revenue from the tax imposed under this subchapter shall be deposited in the development project fund of the district imposing the tax.

Chapter 378

  1. Tex. Local Government Code Sec. 378.001. DEFINITION. In this chapter, "zone" means a neighborhood empowerment zone created by a municipality under this chapter.

  2. Tex. Local Government Code Sec. 378.002. CREATION OF ZONE. A municipality may create a neighborhood empowerment zone covering a part of the municipality if the municipality determines the creation of the zone would promote:

  3. Tex. Local Government Code Sec. 378.003. ADOPTION OF ZONE.

  4. Tex. Local Government Code Sec. 378.004. MUNICIPAL POWERS. In addition to other powers that a municipality may exercise, a municipality may:

Chapter 379

  1. Tex. Local Government Code Sec. 379.001. DEFINITION. In this chapter, "zone" means a North American Free Trade Agreement impact zone created by a municipality under this chapter.

  2. Tex. Local Government Code Sec. 379.002. CREATION OF ZONE. A municipality may create a zone covering a part of the municipality if the municipality determines the creation of the zone would promote:

  3. Tex. Local Government Code Sec. 379.003. ADOPTION OF ZONE.

  4. Tex. Local Government Code Sec. 379.004. ADDITIONAL POWERS. A municipality may:

  5. Tex. Local Government Code Sec. 379.005. NAFTA DISPLACED WORKERS.

Chapter 380

  1. Tex. Local Government Code Sec. 380.001. ECONOMIC DEVELOPMENT PROGRAMS.

  2. Tex. Local Government Code Sec. 380.002. ECONOMIC DEVELOPMENT GRANTS BY CERTAIN MUNICIPALITIES.

  3. Tex. Local Government Code Sec. 380.003. APPLICATION FOR MATCHING FUNDS FROM FEDERAL GOVERNMENT. A municipality may, as an agency of the state, provide matching funds for a federal program that requires local matching funds from a state agency to the extent state agencies that are eligible decline to participate or do not fully participate in the program.

  4. Tex. Local Government Code Sec. 380.004. PROVISION OF CERTAIN INFORMATION TO COMPTROLLER.

Chapter 381

  1. Tex. Local Government Code Sec. 381.001. COUNTY INDUSTRIAL COMMISSION.

  2. Tex. Local Government Code Sec. 381.002. ADVERTISING AND PROMOTING GROWTH AND DEVELOPMENT.

  3. Tex. Local Government Code Sec. 381.003. DEVELOPMENT PROJECTS AUTHORIZED UNDER FEDERAL LAW.

  4. Tex. Local Government Code Sec. 381.004. COMMUNITY AND ECONOMIC DEVELOPMENT PROGRAMS.

  5. Tex. Local Government Code Sec. 381.005. PROVISION OF CERTAIN INFORMATION TO COMPTROLLER.

Chapter 382

  1. Tex. Local Government Code Sec. 382.001. DEFINITIONS.

  2. Tex. Local Government Code Sec. 382.002. APPLICABILITY. This chapter applies only to:

  3. Tex. Local Government Code Sec. 382.003. NATURE OF DISTRICT; PURPOSE.

  4. Tex. Local Government Code Sec. 382.004. COUNTY MAY ESTABLISH DISTRICT. A county may create a public improvement district under this chapter if the county determines it is in the county's best interest. A district is a political subdivision of this state.

  5. Tex. Local Government Code Sec. 382.005. APPLICABILITY; CONFLICT OF LAWS. This chapter controls to the extent of a conflict between this chapter and Subchapter A, Chapter 372.

  6. Tex. Local Government Code Sec. 382.006. ESTABLISHMENT OF ECONOMIC DEVELOPMENT PROJECTS; OPTIONAL CREATION OF PUBLIC IMPROVEMENT DISTRICT.

  7. Tex. Local Government Code Sec. 382.051. GOVERNING BODY; TERMS. If a county elects to delegate the authority granted under this chapter, it shall appoint a board of seven directors to serve staggered two-year terms, with three or four directors' terms expiring June 1 of each year to manage the economic development project or, at the option of the county, govern the district.

  8. Tex. Local Government Code Sec. 382.052. ELIGIBILITY.

  9. Tex. Local Government Code Sec. 382.053. VACANCIES; QUORUM.

  10. Tex. Local Government Code Sec. 382.054. CONFLICTS OF INTEREST. Chapter 171 governs conflicts of interest for directors.

  11. Tex. Local Government Code Sec. 382.055. COMPENSATION.

  12. Tex. Local Government Code Sec. 382.056. OATH AND BOND; OFFICER ELECTIONS. As soon as practicable, a board member shall give the bond and take the oath of office in accordance with Section 375.067, and the board shall elect officers in accordance with Section 375.068.

  13. Tex. Local Government Code Sec. 382.101. COUNTY'S GENERAL POWERS AND DUTIES.

  14. Tex. Local Government Code Sec. 382.102. DEVELOPMENT AGREEMENTS. A county may enter into a development agreement with an owner of land in the territory designated for an economic development project, or a district may enter into a development agreement, for a term not to exceed 30 years on any terms and conditions the county or the board considers advisable. The parties may amend the agreement.

  15. Tex. Local Government Code Sec. 382.103. ECONOMIC DEVELOPMENT AGREEMENT; ELECTION; TAXES.

  16. Tex. Local Government Code Sec. 382.104. CONTRACTS; GENERAL.

  17. Tex. Local Government Code Sec. 382.105. PROCUREMENT CONTRACTS. A district may contract for materials, supplies, and construction:

  18. Tex. Local Government Code Sec. 382.106. RULES; ENFORCEMENT. A county may authorize the board to adopt rules:

  19. Tex. Local Government Code Sec. 382.107. FEES. A county may authorize a board to establish, revise, repeal, enforce, collect, and apply the proceeds from user fees or charges for the enjoyment, sale, rental, or other use of its facilities or other property, or for services or improvement projects.

  20. Tex. Local Government Code Sec. 382.108. RULES; REGULATION OF ROADS AND OTHER PUBLIC AREAS.

  21. Tex. Local Government Code Sec. 382.109. ROAD PROJECTS.

  22. Tex. Local Government Code Sec. 382.110. UTILITIES.

  23. Tex. Local Government Code Sec. 382.111. SERVICE PLAN REQUIRED. The commissioners court of the county that created the district may require a district to prepare an annual service plan, in the manner provided for by Section 372.013, that meets the approval of the commissioners court.

  24. Tex. Local Government Code Sec. 382.112. NO EMINENT DOMAIN. A district may not exercise the power of eminent domain.

  25. Tex. Local Government Code Sec. 382.113. ANNEXATION OR EXCLUSION OF LAND.

  26. Tex. Local Government Code Sec. 382.151. NO TAX ABATEMENTS. A county may not grant a tax abatement or enter into a tax abatement agreement for a district.

  27. Tex. Local Government Code Sec. 382.152. BONDS; NOTES.

  28. Tex. Local Government Code Sec. 382.153. AUTHORITY TO IMPOSE ASSESSMENTS AND AD VALOREM, SALES AND USE, AND HOTEL OCCUPANCY TAXES; ELECTION.

  29. Tex. Local Government Code Sec. 382.154. USE OF REVENUE FROM TAXES. A tax authorized by a county to be imposed under this chapter may be used to accomplish any improvement project or road project, or to provide any service authorized by this chapter or Chapter 372, 380, 381, or 383.

  30. Tex. Local Government Code Sec. 382.155. HOTEL OCCUPANCY TAX.

  31. Tex. Local Government Code Sec. 382.1555. USE OF HOTEL OCCUPANCY TAX FOR ANY PURPOSE.

  32. Tex. Local Government Code Sec. 382.156. SALES AND USE TAX.

  33. Tex. Local Government Code Sec. 382.157. AD VALOREM TAX. A commissioners court may authorize a district to impose an ad valorem tax on property in the district in accordance with Chapter 257, Transportation Code.

  34. Tex. Local Government Code Sec. 382.158. BORROWING. The commissioners court may authorize a district to borrow money for any district purpose, including for a development agreement that authorizes the district to borrow money.

  35. Tex. Local Government Code Sec. 382.159. REPAYMENT OF COSTS. The commissioners court may authorize a district, by a lease, lease-purchase agreement, installment purchase contract, or other agreement, or by the imposition or assessment of a tax, user fee, concession, rental, or other revenue or resource of the district, to provide for or secure the payment or repayment of:

  36. Tex. Local Government Code Sec. 382.201. LIABILITIES; ASSUMPTION OF ASSETS AFTER COMPLETE ANNEXATION BY MUNICIPALITY.

  37. Tex. Local Government Code Sec. 382.202. AUTHORITY TO IMPOSE TAXES OF ASSESSMENTS AFTER PARTIAL OR COMPLETE ANNEXATION.

Chapter 383

  1. Tex. Local Government Code Sec. 383.001. SHORT TITLE. This chapter may be cited as the County Development District Act.

  2. Tex. Local Government Code Sec. 383.002. LEGISLATIVE INTENT. This chapter furthers the public purpose of developing and diversifying the economy of this state by providing incentives for the location and development of projects in certain counties to attract visitors and tourists.

  3. Tex. Local Government Code Sec. 383.003. FINDINGS.

  4. Tex. Local Government Code Sec. 383.004. DEFINITIONS. In this chapter:

  5. Tex. Local Government Code Sec. 383.005. GOVERNMENTAL AGENCY; TORT CLAIMS. A district is a governmental agency, a body politic and corporate, and a political subdivision of the state. Section 375.004 applies to a district.

  6. Tex. Local Government Code Sec. 383.021. COUNTIES AUTHORIZED TO CREATE DISTRICTS.

  7. Tex. Local Government Code Sec. 383.022. PETITION OF LANDOWNERS. To create a district, a petition requesting creation must be filed with the commissioners court of the county in which all of the land in the proposed district is located. The petition must be accompanied by a sworn statement indicating consent to creation signed by the holders of fee simple title of all of the land in the proposed district.

  8. Tex. Local Government Code Sec. 383.023. CONTENTS OF PETITION. The petition must:

  9. Tex. Local Government Code Sec. 383.024. COMMISSION HEARING; CONTENTS OF NOTICE. Before the 61st day after the date a petition is received, the commissioners court shall set a date, time, and place at which the petition shall be heard and shall issue notice of the date, time, place, and subject matter of the hearing. The notice shall inform all persons of their right to appear and present evidence and testify for or against the creation of the district.

  10. Tex. Local Government Code Sec. 383.025. NOTICE OF HEARING. Before the 30th day before the date set for the hearing, notice of the hearing shall be mailed to the developer who signed the petition and the landowners of all the land in the district and shall be published in a newspaper with general circulation in the county in which the proposed district is located.

  11. Tex. Local Government Code Sec. 383.026. HEARING. At the hearing, the commissioners court shall examine the petition to ascertain its sufficiency, and any interested person may appear before the commissioners court to offer testimony on the sufficiency of the petition and whether the district should be created.

  12. Tex. Local Government Code Sec. 383.027. GRANTING OR REFUSING PETITION.

  13. Tex. Local Government Code Sec. 383.028. TEMPORARY DIRECTORS; VACANCY IN OFFICE.

  14. Tex. Local Government Code Sec. 383.029. QUALIFICATION OF TEMPORARY DIRECTORS; ORGANIZATION.

  15. Tex. Local Government Code Sec. 383.030. CONFIRMATION AND SALES AND USE TAX ELECTION. The temporary board of directors shall conduct an election in the district to confirm the creation of the district and authorize a sales and use tax in conformity with this chapter.

  16. Tex. Local Government Code Sec. 383.031. ELECTION ORDER. An order calling an election under Section 383.030 must state:

  17. Tex. Local Government Code Sec. 383.032. NOTICE. The temporary directors shall give notice of the election by publishing a substantial copy of the election order once a week for two consecutive weeks in a newspaper with general circulation in the county in which the proposed district is located. The first publication must appear before the 14th day before the date set for the election.

  18. Tex. Local Government Code Sec. 383.033. CONDUCT OF ELECTION.

  19. Tex. Local Government Code Sec. 383.034. RESULTS OF ELECTION.

  20. Tex. Local Government Code Sec. 383.041. BOARD OF DIRECTORS; TERMS.

  21. Tex. Local Government Code Sec. 383.042. QUALIFICATIONS OF DIRECTOR. To be qualified to serve as a director, a person must be at least 21 years of age, a resident citizen of this state, and a qualified voter of the county in which the district is located.

  22. Tex. Local Government Code Sec. 383.043. PERSONS DISQUALIFIED TO SERVE. Section 50.026, Water Code, applies to a director of a district.

  23. Tex. Local Government Code Sec. 383.044. REMOVAL OF DIRECTOR. The commissioners court, after notice and hearing, may remove a director for misconduct or failure to carry out the director's duties if petitioned by a majority of the remaining directors.

  24. Tex. Local Government Code Sec. 383.045. BOARD VACANCY. A vacancy in the office of director shall be filled by appointment of the commissioners court.

  25. Tex. Local Government Code Sec. 383.046. DIRECTOR'S COMPENSATION; BOND AND OATH OF OFFICE. A director is not entitled to receive compensation for service on the board. Sections 375.067, 375.069, and 375.070 apply to a director.

  26. Tex. Local Government Code Sec. 383.047. OFFICERS. After each appointment of directors by the commissioners court, and after the directors have qualified by taking the proper oath, the directors shall organize by electing a president, a vice president, a secretary, and any other officer the board considers necessary.

  27. Tex. Local Government Code Sec. 383.048. QUORUM; OFFICERS' DUTIES.

  28. Tex. Local Government Code Sec. 383.049. BYLAWS. The board may adopt bylaws to govern:

  29. Tex. Local Government Code Sec. 383.050. MANAGEMENT OF DISTRICT.

  30. Tex. Local Government Code Sec. 383.051. DIRECTOR INTERESTED IN CONTRACT.

  31. Tex. Local Government Code Sec. 383.052. DISTRICT OFFICE. The board shall designate and establish a district office in the county.

  32. Tex. Local Government Code Sec. 383.053. MEETINGS AND NOTICE.

  33. Tex. Local Government Code Sec. 383.061. GENERAL POWERS OF DISTRICT.

  34. Tex. Local Government Code Sec. 383.062. SUITS. A district, after it is created and confirmed, through its directors may sue and be sued in any court of this state in the name of the district. Service of process in any suit may be made by serving any two directors.

  35. Tex. Local Government Code Sec. 383.063. EMINENT DOMAIN.

  36. Tex. Local Government Code Sec. 383.064. EXPENDITURES. A district's money may be disbursed only by check, draft, order, or another instrument that must be signed by at least three directors. The general manager, treasurer, or other employee of the district, if authorized by resolution of the board, may sign checks, drafts, orders, or other instruments on any district operation account and these need not be signed by any other person.

  37. Tex. Local Government Code Sec. 383.065. PURPOSES FOR BORROWING MONEY. The district may borrow money for any corporate purpose or combination of corporate purposes.

  38. Tex. Local Government Code Sec. 383.066. REPAYMENT OF ORGANIZATIONAL EXPENSES.

  39. Tex. Local Government Code Sec. 383.081. ISSUANCE OF BONDS. The district may issue bonds for the purpose of defraying all or part of the cost of any project as provided in this chapter. Sections 375.201 through 375.208 apply to a district to the extent not inconsistent with this chapter.

  40. Tex. Local Government Code Sec. 383.082. MANNER OF REPAYMENT OF BONDS. The board may provide for the payment of principal of and interest and redemption price on bonds:

  41. Tex. Local Government Code Sec. 383.083. USE OF BOND PROCEEDS. The district may use bond proceeds to:

  42. Tex. Local Government Code Sec. 383.084. ADDING AND EXCLUDING LAND FROM THE DISTRICT.

  43. Tex. Local Government Code Sec. 383.101. SALES AND USE TAX.

  44. Tex. Local Government Code Sec. 383.102. IMPOSITION, COMPUTATION, ADMINISTRATION, AND GOVERNANCE OF TAX.

  45. Tex. Local Government Code Sec. 383.103. TAX RATES. The permissible rates for a local sales and use tax levied under this chapter are one-fourth of one percent, three-eighths of one percent, and one-half of one percent.

  46. Tex. Local Government Code Sec. 383.104. ABOLITION OF OR CHANGE IN TAX RATE.

  47. Tex. Local Government Code Sec. 383.105. USE OF TAX. Taxes collected under this subchapter may be used only for the purposes for which the district was created, and the district may pledge the revenue derived from the taxes imposed under this subchapter to the payment of bonds issued by the district.

  48. Tex. Local Government Code Sec. 383.106. LIMITATION ON ADOPTION OF TAX.

  49. Tex. Local Government Code Sec. 383.111. COMPETITIVE BIDDING. Sections 375.221 and 375.223 apply to a district created under this chapter.

  50. Tex. Local Government Code Sec. 383.112. EXEMPTION. Notwithstanding any other provision of this chapter to the contrary, any contract between the district and a governmental entity or nonprofit corporation created under the Development Corporation Act (Subtitle C1, Title 12) is not subject to the competitive bidding requirements of this chapter.

  51. Tex. Local Government Code Sec. 383.121. DISSOLUTION OF DISTRICT. A district may be dissolved only as provided by this subchapter.

  52. Tex. Local Government Code Sec. 383.122. DISSOLUTION BY ORDER OF COMMISSIONERS COURT.

  53. Tex. Local Government Code Sec. 383.123. DISSOLUTION OF DISTRICT ON AGREEMENT WITH MUNICIPALITY. A district may be dissolved by agreement between the governing body of a municipality and the board if all of the territory in the district is located in or is annexed by the municipality. The agreement shall require the municipality to acquire all of the money, property, and other assets of the district and assume all contracts, debts, bonds, and other obligations of the district, and the municipality shall be bound in the same manner and to the same extent that the district was bound with respect to those contracts, debts, bonds, and other obligations. On dissolution of the district, the taxes levied by the district are abolished.

Chapter 386

  1. Tex. Local Government Code Sec. 386.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 386.002. JURISDICTION OF MUNICIPALITY. For the purposes of this chapter, territory in the extraterritorial jurisdiction of a municipality is considered to be in the jurisdiction of the municipality.

  3. Tex. Local Government Code Sec. 386.031. CRITERIA FOR DEVELOPMENT ZONE CREATION.

  4. Tex. Local Government Code Sec. 386.032. AREA OF PERVASIVE POVERTY, UNEMPLOYMENT, OR ECONOMIC DISTRESS. An area is an area of pervasive poverty, unemployment, or economic distress for the purposes of Section 386.031 if:

  5. Tex. Local Government Code Sec. 386.033. CREATION OF DEVELOPMENT ZONE.

  6. Tex. Local Government Code Sec. 386.034. DESIGNATING ORDINANCE OR ORDER.

  7. Tex. Local Government Code Sec. 386.035. TAX INCREMENT.

  8. Tex. Local Government Code Sec. 386.036. AMENDING BOUNDARIES.

  9. Tex. Local Government Code Sec. 386.061. BOARD OF DIRECTORS.

  10. Tex. Local Government Code Sec. 386.062. QUALIFICATIONS OF DIRECTORS. To serve as a director, a person must:

  11. Tex. Local Government Code Sec. 386.063. DISQUALIFICATION OF DIRECTORS. Section 49.052, Water Code, applies to directors of a development zone created under this chapter as if the zone were a district governed by that section.

  12. Tex. Local Government Code Sec. 386.064. BOARD VACANCIES. A vacancy in the office of director shall be filled by appointment by the entity that appointed the vacating director.

  13. Tex. Local Government Code Sec. 386.065. REMOVAL OF DIRECTOR. A majority of the board may remove a director for misconduct or failure to carry out the director's duties.

  14. Tex. Local Government Code Sec. 386.066. ORGANIZATION OF BOARD.

  15. Tex. Local Government Code Sec. 386.067. QUORUM; DIRECTOR'S DUTIES; MANAGEMENT OF ZONE. Sections 49.053, 49.057, and 49.058, Water Code, apply to the board of directors of a development zone created under this chapter as if the zone were a district governed by those sections.

  16. Tex. Local Government Code Sec. 386.068. MEETINGS AND NOTICE.

  17. Tex. Local Government Code Sec. 386.069. DIRECTOR'S COMPENSATION; BOND AND OATH OF OFFICE. Sections 375.067, 375.069, and 375.070 apply to directors of a development zone created under this chapter as if the zone were a municipal management district.

  18. Tex. Local Government Code Sec. 386.101. GENERAL POWERS.

  19. Tex. Local Government Code Sec. 386.102. DUTY TO EVALUATE AVAILABLE FINANCING OPTIONS. The board shall evaluate all options available to the development zone as alternatives to imposing a tax under Section 386.035, including:

  20. Tex. Local Government Code Sec. 386.103. LIMIT ON DEVELOPMENT ZONE POWERS; OTHER LAWS SUPERSEDE.

  21. Tex. Local Government Code Sec. 386.104. MONITORING.

  22. Tex. Local Government Code Sec. 386.105. NEIGHBORHOOD REDEVELOPMENT ZONES.

  23. Tex. Local Government Code Sec. 386.106. SUITS. A development zone may, through its directors, sue and be sued in this state in the name of the development zone. Service of process in a suit may be had by serving a director.

  24. Tex. Local Government Code Sec. 386.201. EXPENDITURES. A development zone's money may be disbursed only by check, draft, order, or other instrument signed by at least three directors. The general manager, treasurer, or other employee of the development zone, if authorized by resolution of the board, may sign checks, drafts, orders, or other instruments on any development zone operation account on behalf of the board.

  25. Tex. Local Government Code Sec. 386.202. COMPETITIVE BIDDING; CONTRACT AWARD. Subchapter K, Chapter 375, applies to a development zone created under this chapter as if the zone were a municipal management district.

  26. Tex. Local Government Code Sec. 386.301. DISSOLUTION OF DEVELOPMENT ZONE BY CREATING BODY.

  27. Tex. Local Government Code Sec. 386.302. DISSOLUTION BY BOARD REQUEST. A board may petition a creating body to dissolve the development zone under Section 386.301 if a majority of the board finds at any time:

  28. Tex. Local Government Code Sec. 386.303. TAXES. On dissolution of a development zone, any taxes levied on behalf of the zone are abolished.

Chapter 387

  1. Tex. Local Government Code Sec. 387.001. DEFINITION. In this chapter, "district" means a county assistance district created under this chapter.

  2. Tex. Local Government Code Sec. 387.003. CREATION AND FUNCTIONS OF DISTRICT.

  3. Tex. Local Government Code Sec. 387.0031. INCLUSION OF ROADS OR COUNTY PROPERTY IN CERTAIN DISTRICTS.

  4. Tex. Local Government Code Sec. 387.004. POLITICAL SUBDIVISION. A district is a political subdivision of this state.

  5. Tex. Local Government Code Sec. 387.005. GOVERNING BODY.

  6. Tex. Local Government Code Sec. 387.006. GENERAL POWERS OF DISTRICT.

  7. Tex. Local Government Code Sec. 387.007. SALES AND USE TAX.

  8. Tex. Local Government Code Sec. 387.008. TAX CODE APPLICABLE.

  9. Tex. Local Government Code Sec. 387.009. TAX RATE. The rate of a tax adopted under this chapter must be in increments of one-eighth of one percent.

  10. Tex. Local Government Code Sec. 387.010. REPEAL OR RATE CHANGE.

  11. Tex. Local Government Code Sec. 387.011. IMPOSITION OF TAX.

  12. Tex. Local Government Code Sec. 387.012. EFFECTIVE DATE OF TAX. The adoption of the tax, the increase or reduction of the tax rate, or the repeal of the tax takes effect on the first day of the first calendar quarter occurring after the expiration of the first complete quarter occurring after the date the comptroller receives a copy of the order of the district's governing body adopting, increasing, reducing, or repealing the tax.

  13. Tex. Local Government Code Sec. 387.013. DISSOLUTION.

Chapter 388

  1. Tex. Local Government Code Sec. 388.001. APPLICABILITY. This chapter applies only to a county that:

  2. Tex. Local Government Code Sec. 388.002. IMPROVEMENT PROJECT GRANT PROGRAM.

  3. Tex. Local Government Code Sec. 388.003. GIFTS, GRANTS, AND DONATIONS. The county may apply for and accept a gift, grant, or donation from any source to fund a public improvement project described by Section 388.002.

Chapter 391

  1. Tex. Local Government Code Sec. 391.001. PURPOSE.

  2. Tex. Local Government Code Sec. 391.002. DEFINITIONS. In this chapter:

  3. Tex. Local Government Code Sec. 391.003. CREATION.

  4. Tex. Local Government Code Sec. 391.004. PLANS AND RECOMMENDATIONS.

  5. Tex. Local Government Code Sec. 391.0041. MENTAL HEALTH RESOURCES PLAN FOR FIRST RESPONDER INVOLVED IN CRITICAL INCIDENT.

  6. Tex. Local Government Code Sec. 391.005. POWERS.

  7. Tex. Local Government Code Sec. 391.006. GOVERNING BODY OF COMMISSION.

  8. Tex. Local Government Code Sec. 391.007. DETAIL OR LOAN OF AN EMPLOYEE.

  9. Tex. Local Government Code Sec. 391.008. REVIEW AND COMMENT PROCEDURES.

  10. Tex. Local Government Code Sec. 391.009. ROLE OF STATE AUDITOR, GOVERNOR, AND STATE AGENCIES.

  11. Tex. Local Government Code Sec. 391.0091. STATE AGENCY CONSULTATION WITH REGIONAL PLANNING COMMISSIONS.

  12. Tex. Local Government Code Sec. 391.0095. AUDIT AND REPORTING REQUIREMENTS.

  13. Tex. Local Government Code Sec. 391.00951. REPORT TO SECRETARY OF STATE.

  14. Tex. Local Government Code Sec. 391.010. CONFLICT OF INTEREST IN PROVISION OF LEGAL SERVICES.

  15. Tex. Local Government Code Sec. 391.011. FUNDS.

  16. Tex. Local Government Code Sec. 391.0115. RESTRICTIONS ON COMMISSION TRAVEL COSTS.

  17. Tex. Local Government Code Sec. 391.0116. RESTRICTIONS ON EMPLOYMENT.

  18. Tex. Local Government Code Sec. 391.0117. SALARY SCHEDULES.

  19. Tex. Local Government Code Sec. 391.012. STATE FINANCIAL ASSISTANCE.

  20. Tex. Local Government Code Sec. 391.013. INTERSTATE COMMISSIONS.

  21. Tex. Local Government Code Sec. 391.014. INTERNATIONAL AREAS. With the advance approval of the governor, a commission that borders the Republic of Mexico may spend funds in cooperation with an agency, constituent state, or local government of the Republic of Mexico for planning studies encompassing areas lying both in this state and in contiguous territory of the Republic of Mexico.

  22. Tex. Local Government Code Sec. 391.015. WITHDRAWAL FROM COMMISSION. A participating governmental unit may withdraw from a commission by majority vote of its governing body unless it has been otherwise agreed.

  23. Tex. Local Government Code Sec. 391.016. JOINING COMMISSION AFTER WITHDRAWAL. A governmental unit that has withdrawn from a commission under Section 391.015 may join another commission that is adjacent to the unit if:

Chapter 392

  1. Tex. Local Government Code Sec. 392.001. SHORT TITLE. This chapter may be cited as the Housing Authorities Law.

  2. Tex. Local Government Code Sec. 392.002. DEFINITIONS. In this chapter:

  3. Tex. Local Government Code Sec. 392.003. LEGISLATIVE FINDINGS. The legislature finds that:

  4. Tex. Local Government Code Sec. 392.004. OPERATION NOT FOR PROFIT. It is the policy of the state that a housing authority manage and operate its housing projects in an efficient manner to enable it to set rentals at the lowest possible rates consistent with providing decent, safe, and sanitary housing and that a housing authority may not construct or operate a project for profit or as a source of revenue to a municipality or county. For this purpose, an authority shall set rentals at a rate not higher than the rate necessary, together with other available money, revenue, income, and receipts, to produce revenue that is sufficient to:

  5. Tex. Local Government Code Sec. 392.005. TAX EXEMPTION.

  6. Tex. Local Government Code Sec. 392.006. UNIT OF GOVERNMENT; GOVERNMENTAL FUNCTIONS. For all purposes, including the application of the Texas Tort Claims Act (Chapter 101, Civil Practice and Remedies Code), a housing authority is a unit of government and the functions of a housing authority are essential governmental functions and not proprietary functions. Provided, however, a housing authority shall be subject to all landlord obligations and tenant remedies, other than a suit for personal injuries, as set forth in any lease or rental agreement and in Chapters 24, 54, 91, 92, and 301 of the Property Code.

  7. Tex. Local Government Code Sec. 392.011. CREATION OF A MUNICIPAL HOUSING AUTHORITY.

  8. Tex. Local Government Code Sec. 392.012. CREATION OF A COUNTY HOUSING AUTHORITY.

  9. Tex. Local Government Code Sec. 392.013. CREATION OF A REGIONAL HOUSING AUTHORITY.

  10. Tex. Local Government Code Sec. 392.0131. MERGER OF CERTAIN COUNTY HOUSING AUTHORITIES INTO MUNICIPAL HOUSING AUTHORITIES.

  11. Tex. Local Government Code Sec. 392.014. AREA OF OPERATION OF A MUNICIPAL HOUSING AUTHORITY. The area of operation of a municipal housing authority is the municipality for which the authority is created and the area that is within five miles of the territorial boundaries of the municipality and is not within the territorial boundaries of another municipality.

  12. Tex. Local Government Code Sec. 392.015. AREA OF OPERATION OF A COUNTY HOUSING AUTHORITY. The area of operation of a county housing authority is the county in which the authority is created excluding the parts of the county that are within the territorial boundaries of a municipality.

  13. Tex. Local Government Code Sec. 392.016. AREA OF OPERATION OF A REGIONAL HOUSING AUTHORITY. The area of operation of a regional housing authority is the counties for which the authority is created excluding the parts of the counties that are within the territorial boundaries of a municipality.

  14. Tex. Local Government Code Sec. 392.0161. AREA OF OPERATION OF A MERGED HOUSING AUTHORITY. Notwithstanding Section 392.017(b), the area of operation of a merged housing authority is the county in which the authority is created, excluding any part of the county that is within the territorial boundaries of a municipality other than the municipality operating the municipal housing authority into which the county housing authority was merged.

  15. Tex. Local Government Code Sec. 392.0162. AREA OF OPERATION OF CERTAIN MUNICIPAL HOUSING AUTHORITIES.

  16. Tex. Local Government Code Sec. 392.017. OPERATION OF HOUSING AUTHORITY IN OTHER POLITICAL SUBDIVISIONS.

  17. Tex. Local Government Code Sec. 392.018. EXPANSION OF THE AREA OF OPERATION OF A REGIONAL HOUSING AUTHORITY.

  18. Tex. Local Government Code Sec. 392.019. EFFECT OF COOPERATION AGREEMENT ON AREA OF OPERATION OF HOUSING AUTHORITY. Regardless of Sections 392.015, 392.016, and 392.0161, the area of operation of a municipal housing authority, a county housing authority, a regional housing authority, or a merged housing authority may extend to and include another municipality, county, or other political subdivision of this state, under the terms of a cooperation agreement made under Section 392.059.

  19. Tex. Local Government Code Sec. 392.031. APPOINTMENT OF COMMISSIONERS OF A MUNICIPAL HOUSING AUTHORITY.

  20. Tex. Local Government Code Sec. 392.032. APPOINTMENT OF COMMISSIONERS OF A COUNTY HOUSING AUTHORITY.

  21. Tex. Local Government Code Sec. 392.033. APPOINTMENT OF COMMISSIONERS OF A REGIONAL HOUSING AUTHORITY.

  22. Tex. Local Government Code Sec. 392.0331. APPOINTMENT OF TENANT REPRESENTATIVE OR CERTAIN OTHER RECIPIENTS OF HOUSING ASSISTANCE AS COMMISSIONER OF MUNICIPAL, COUNTY, OR REGIONAL HOUSING AUTHORITY.

  23. Tex. Local Government Code Sec. 392.034. TERMS OF OFFICE OF COMMISSIONERS.

  24. Tex. Local Government Code Sec. 392.035. COMPENSATION. A commissioner of a housing authority may not receive compensation for service as a commissioner. A commissioner is entitled to receive reimbursement for the necessary expense, including traveling expenses, incurred in the discharge of duties as a commissioner.

  25. Tex. Local Government Code Sec. 392.036. VOTE REQUIRED FOR ACTION. Unless the authority's bylaws require a larger number, when a quorum is present an authority may take action on a vote of a majority of the commissioners present.

  26. Tex. Local Government Code Sec. 392.037. CHAIRMAN AND VICE-CHAIRMAN OF A MUNICIPAL OR COUNTY HOUSING AUTHORITY.

  27. Tex. Local Government Code Sec. 392.038. OTHER OFFICERS AND EMPLOYEES OF A MUNICIPAL OR COUNTY HOUSING AUTHORITY. A municipal or county housing authority may employ a secretary, who shall serve as executive director, and may employ technical experts and other officers, agents, and employees, permanent or temporary, the authority considers necessary. The authority shall determine the qualifications, duties, and compensation of the persons employed.

  28. Tex. Local Government Code Sec. 392.039. OFFICERS AND EMPLOYEES OF A REGIONAL HOUSING AUTHORITY.

  29. Tex. Local Government Code Sec. 392.040. LEGAL SERVICES.

  30. Tex. Local Government Code Sec. 392.041. REMOVAL OF A COMMISSIONER.

  31. Tex. Local Government Code Sec. 392.042. INTERESTED COMMISSIONERS.

  32. Tex. Local Government Code Sec. 392.043. INTERESTED EMPLOYEES.

  33. Tex. Local Government Code Sec. 392.051. GENERAL POWERS.

  34. Tex. Local Government Code Sec. 392.052. OPERATION, CONSTRUCTION, AND LEASING OF HOUSING PROJECTS.

  35. Tex. Local Government Code Sec. 392.0525. LETTER OF CREDIT ACCEPTED IN LIEU OF PAYMENT AND PERFORMANCE BONDS. In the award of a contract for the construction, reconstruction, improvement, alteration, or repair of any public building or for the completion of any public work, an authority must comply with applicable state laws regarding the execution of a contractor's performance bond and payment bond. However, if authorized by a federal program or federal regulation, an authority may accept, in lieu of a performance bond and payment bond, an unconditional and irrevocable letter of credit in the amount of the contract price and payable to the authority.

  36. Tex. Local Government Code Sec. 392.053. PUBLIC MEETING ON PROPOSED HOUSING PROJECT.

  37. Tex. Local Government Code Sec. 392.054. NOTICE OF PUBLIC MEETING.

  38. Tex. Local Government Code Sec. 392.055. RENTALS AND TENANT SELECTION.

  39. Tex. Local Government Code Sec. 392.0555. PET OWNERSHIP POLICY. A housing authority policy permitting tenant ownership of a pet must comply with all applicable county or municipal restrictions on dangerous dogs imposed under Section 822.047, Health and Safety Code.

  40. Tex. Local Government Code Sec. 392.056. ACQUISITION, USE, AND DISPOSITION OF REAL AND PERSONAL PROPERTY.

  41. Tex. Local Government Code Sec. 392.0565. PURCHASES MADE UNDER FEDERAL PROCUREMENT PROGRAM.

  42. Tex. Local Government Code Sec. 392.057. INVESTMENT OF FUNDS. An authority may invest any funds held in reserves or sinking funds or any funds not required for immediate disbursement in property or securities in which a savings bank may legally invest funds subject to its control.

  43. Tex. Local Government Code Sec. 392.058. RESEARCH AND INVESTIGATION.

  44. Tex. Local Government Code Sec. 392.059. COOPERATION WITH OTHER GOVERNMENTAL ENTITIES OR HOUSING AUTHORITIES.

  45. Tex. Local Government Code Sec. 392.060. HEARINGS. Acting through one or more commissioners or other persons designated by the authority, an authority may:

  46. Tex. Local Government Code Sec. 392.061. EMINENT DOMAIN.

  47. Tex. Local Government Code Sec. 392.062. REPORTS.

  48. Tex. Local Government Code Sec. 392.063. PROJECTS FOR FARMERS OF LOW INCOME.

  49. Tex. Local Government Code Sec. 392.064. CORPORATE NAME OF REGIONAL HOUSING AUTHORITY. A regional housing authority may select an appropriate corporate name.

  50. Tex. Local Government Code Sec. 392.065. MISCELLANEOUS POWERS. An authority may:

  51. Tex. Local Government Code Sec. 392.066. PUBLIC FACILITY CORPORATION.

  52. Tex. Local Government Code Sec. 392.067. VETERANS HOUSING IN CERTAIN COUNTIES.

  53. Tex. Local Government Code Sec. 392.081. AUTHORITY TO ISSUE BONDS.

  54. Tex. Local Government Code Sec. 392.082. FORM OF BONDS.

  55. Tex. Local Government Code Sec. 392.083. SALE OF BONDS.

  56. Tex. Local Government Code Sec. 392.0831. PAYMENT FOR BONDS. Bonds issued by an authority may be sold:

  57. Tex. Local Government Code Sec. 392.084. NEGOTIABILITY OF BONDS. A bond issued under this chapter is fully negotiable.

  58. Tex. Local Government Code Sec. 392.085. LIABILITY ON BONDS AND OTHER OBLIGATIONS.

  59. Tex. Local Government Code Sec. 392.086. TAX EXEMPTION. Bonds of an authority are issued for an essential public and governmental purpose and are public instrumentalities. The bonds, interest on the bonds, and income from the bonds are exempt from taxes.

  60. Tex. Local Government Code Sec. 392.087. PLEDGES, MORTGAGES, AND COVENANTS TO SECURE BONDS OR LEASE OBLIGATIONS. In connection with the issuance of bonds or the incurring of obligations under a lease, an authority may make a covenant or take an action that is necessary, convenient, or desirable to secure the payment of the bonds or obligations or to make the bonds more marketable, including:

  61. Tex. Local Government Code Sec. 392.088. CERTIFICATION OF ATTORNEY GENERAL. After the proceedings for the issuance of bonds are complete, an authority may submit to the attorney general the bonds to be issued and the record of the proceedings. The attorney general shall examine and pass on the validity of the bonds and the regularity of the proceedings in connection with the bonds. If the proceedings conform to this chapter and are otherwise regular in form and if the bonds, on delivery and receipt of payment, will be binding and legal obligations of the authority that are enforceable according to their terms, the attorney general shall certify in substance on the back of the bonds that the bonds are issued in accordance with the constitution and the laws of the state.

  62. Tex. Local Government Code Sec. 392.089. PURCHASE OF BONDS BY AUTHORITY. An authority may purchase its bonds at a price not greater than the principal and accrued interest of the bonds. Bonds purchased by an authority shall be canceled.

  63. Tex. Local Government Code Sec. 392.090. COVENANT OF REGIONAL HOUSING AUTHORITY REGARDING AREA OF OPERATION. In connection with the issuance of bonds or the incurring of other obligations, a regional housing authority may make a covenant regarding limitations on its right to adopt resolutions relating to the increase of its area of operation.

  64. Tex. Local Government Code Sec. 392.101. REMEDIES OF AN OBLIGEE OF THE AUTHORITY.

  65. Tex. Local Government Code Sec. 392.102. OPTIONAL REMEDIES OF AN OBLIGEE.

  66. Tex. Local Government Code Sec. 392.103. EXEMPTION OF PROPERTY FROM EXECUTION SALE.

  67. Tex. Local Government Code Sec. 392.104. EFFECT OF CERTAIN PROVISIONS ON OBLIGEE RIGHTS CONFERRED BY AUTHORITY. Sections 392.004 and 392.055 do not limit the power of an authority to vest in an obligee the right, in the event of default by the authority, to take possession of a housing project, obtain the appointment of a receiver for the project, or acquire title to the project through foreclosure, free from the restrictions imposed by those sections.

Chapter 393

  1. Tex. Local Government Code Sec. 393.001. SHORT TITLE. This chapter may be cited as the Housing Cooperation Law.

  2. Tex. Local Government Code Sec. 393.002. LEGISLATIVE FINDINGS; PURPOSE.

  3. Tex. Local Government Code Sec. 393.003. DEFINITIONS. In this chapter:

  4. Tex. Local Government Code Sec. 393.004. POWERS OF PUBLIC BODY RELATING TO HOUSING PROJECTS. To aid and cooperate in the planning, undertaking, construction, or operation of a housing project located within its jurisdiction, a public body may, on terms established by the public body:

  5. Tex. Local Government Code Sec. 393.005. RESTRICTION ON CERTAIN HOUSING PROJECT CHANGES. A public body may not require changes to be made with respect to a housing project that a housing authority has acquired or taken over from the federal government and that the housing authority by resolution has found and declared to have been constructed in a manner that promotes the public interest and affords the necessary safety, sanitation, and other protection. The public body may not require changes to be made in the manner of the construction of the project and may not take other action relating to that construction.

  6. Tex. Local Government Code Sec. 393.006. PAYMENT OF EXPENSES; CONVEYANCE POWERS.

  7. Tex. Local Government Code Sec. 393.007. PAYMENT CONTRACTS.

  8. Tex. Local Government Code Sec. 393.008. LOANS TO HOUSING AUTHORITY.

  9. Tex. Local Government Code Sec. 393.009. POWERS AUTHORIZED BY RESOLUTION.

  10. Tex. Local Government Code Sec. 393.010. NOTICE OF PROPOSED ACTION; PETITION; ELECTION.

Chapter 394

  1. Tex. Local Government Code Sec. 394.001. SHORT TITLE. This chapter may be cited as the Texas Housing Finance Corporations Act.

  2. Tex. Local Government Code Sec. 394.002. PURPOSE; LEGISLATIVE FINDINGS.

  3. Tex. Local Government Code Sec. 394.003. DEFINITIONS. In this chapter:

  4. Tex. Local Government Code Sec. 394.004. APPLICATION OF CHAPTER TO CERTAIN RESIDENTIAL DEVELOPMENTS. This chapter applies only to a residential development at least 90 percent of which is for use by or is intended to be occupied by households of low and moderate income whose adjusted gross income did not for the preceding tax year exceed the maximum amount constituting moderate income as defined under the housing finance corporation's rules, resolutions relating to the issuance of bonds, or financing documents relating to the issuance of bonds.

  5. Tex. Local Government Code Sec. 394.0045. APPLICABILITY OF OPEN MEETINGS AND OPEN RECORDS LAWS.

  6. Tex. Local Government Code Sec. 394.011. APPLICATION FOR INCORPORATION.

  7. Tex. Local Government Code Sec. 394.012. APPLICATION FOR INCORPORATION OF, AND OTHER SPECIAL PROVISIONS FOR, JOINT CORPORATION.

  8. Tex. Local Government Code Sec. 394.013. INCORPORATORS. Three or more residents of the local government who are at least 18 years of age may act as incorporators of the housing finance corporation by signing, verifying, and delivering in duplicate to the secretary of state the articles of incorporation for the corporation. An incorporator may be a member of the governing body, an officer, or an employee of the local government.

  9. Tex. Local Government Code Sec. 394.014. ARTICLES OF INCORPORATION.

  10. Tex. Local Government Code Sec. 394.015. FILING OF ARTICLES OF INCORPORATION; ISSUANCE OF CERTIFICATE OF INCORPORATION.

  11. Tex. Local Government Code Sec. 394.016. AMENDMENT OF ARTICLES OF INCORPORATION.

  12. Tex. Local Government Code Sec. 394.017. FILING OF ARTICLES OF AMENDMENT; ISSUANCE OF CERTIFICATE OF AMENDMENT.

  13. Tex. Local Government Code Sec. 394.021. BOARD OF DIRECTORS.

  14. Tex. Local Government Code Sec. 394.022. ORGANIZATIONAL MEETING.

  15. Tex. Local Government Code Sec. 394.023. DISPOSITION OF CORPORATE EARNINGS.

  16. Tex. Local Government Code Sec. 394.024. REGISTERED OFFICE AND AGENT. The housing finance corporation shall maintain a registered office and a registered agent as provided by Article 2.05, Texas Non-Profit Corporation Act (Article 1396-2.05, Vernon's Texas Civil Statutes). The corporation may change its registered office or agent as provided by Article 2.06 of that Act. Process may be served on the corporation as provided by Article 2.07 of that Act.

  17. Tex. Local Government Code Sec. 394.025. CORPORATE BOOKS AND RECORDS. A housing finance corporation shall keep complete books and records of account and shall keep minutes of the proceedings of its board of directors.

  18. Tex. Local Government Code Sec. 394.026. DISSOLUTION OF CORPORATION.

  19. Tex. Local Government Code Sec. 394.027. ANNUAL REPORT.

  20. Tex. Local Government Code Sec. 394.031. EXERCISE OF POWERS; AREA OF OPERATION.

  21. Tex. Local Government Code Sec. 394.032. GENERAL POWERS.

  22. Tex. Local Government Code Sec. 394.033. CORPORATE NAME; DURATION; SEAL.

  23. Tex. Local Government Code Sec. 394.034. OFFICERS; AGENTS. A housing finance corporation may elect or appoint corporate officers or agents for a period determined by the corporation, define their duties, and may set their compensation.

  24. Tex. Local Government Code Sec. 394.035. BYLAWS. A housing finance corporation may make, amend, and repeal bylaws, not inconsistent with the articles of incorporation or this chapter, for the administration and regulation of the corporation's affairs.

  25. Tex. Local Government Code Sec. 394.036. ACCEPTANCE OF FINANCIAL ASSISTANCE.

  26. Tex. Local Government Code Sec. 394.037. BONDS.

  27. Tex. Local Government Code Sec. 394.038. ACQUISITION OF SHARES OR OBLIGATIONS. A housing finance corporation may purchase, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, mortgage, lend, pledge, sell, or otherwise dispose of, and otherwise use and deal in and with:

  28. Tex. Local Government Code Sec. 394.039. SPECIFIC POWERS RELATING TO FINANCIAL AND PROPERTY TRANSACTIONS. Subject to Sections 394.031(c), (d), and (e), a housing finance corporation may:

  29. Tex. Local Government Code Sec. 394.040. TRANSACTIONS WITH LENDING INSTITUTIONS.

  30. Tex. Local Government Code Sec. 394.041. STANDARDS FOR MORTGAGES OR LOANS. A housing finance corporation may establish by rule, in resolutions or financing documents relating to the issuance of bonds, standards and requirements applicable to making or purchasing home mortgages or making loans to lending institutions as considered necessary or desirable by the corporation, including standards and requirements related to:

  31. Tex. Local Government Code Sec. 394.042. DISPOSAL OF RESIDENTIAL DEVELOPMENTS OR HOME MORTGAGES.

  32. Tex. Local Government Code Sec. 394.051. BONDS; INVESTMENT.

  33. Tex. Local Government Code Sec. 394.052. BOND COVENANTS.

  34. Tex. Local Government Code Sec. 394.053. VALIDITY OF BONDS; SIGNATURES.

  35. Tex. Local Government Code Sec. 394.054. SECURITY FOR BONDS.

  36. Tex. Local Government Code Sec. 394.055. LIABILITY FOR BONDS AND CONTRACTS; DEBT NOT CREATED.

  37. Tex. Local Government Code Sec. 394.056. BOND AS SECURITY.

  38. Tex. Local Government Code Sec. 394.057. BOND AS AUTHORIZED INVESTMENT OR AS SECURITY FOR DEPOSIT.

  39. Tex. Local Government Code Sec. 394.901. DESIGNATION OF AREA AS ECONOMICALLY DEPRESSED OR BLIGHTED; NOTICE.

  40. Tex. Local Government Code Sec. 394.902. HOUSING FOR ELDERLY.

  41. Tex. Local Government Code Sec. 394.9025. MULTIFAMILY RESIDENTIAL DEVELOPMENT.

  42. Tex. Local Government Code Sec. 394.9026. ADDITIONAL CONDITIONS FOR BENEFICIAL AD VALOREM TAX TREATMENT RELATING TO CERTAIN MULTIFAMILY RESIDENTIAL DEVELOPMENTS.

  43. Tex. Local Government Code Sec. 394.9027. AUDIT REQUIREMENTS FOR CERTAIN MULTIFAMILY RESIDENTIAL DEVELOPMENTS.

  44. Tex. Local Government Code Sec. 394.903. TRANSFER OF RESIDENTIAL DEVELOPMENT SITES. Subject to Sections 394.031(c) and (d), a local government may transfer any residential development site to a housing finance corporation by sale or lease. The governing body of the local government may authorize the transfer by resolution without submitting the issue to the voters and without regard to the requirements, restrictions, limitations, or other provisions contained in any other general, special, or local law.

  45. Tex. Local Government Code Sec. 394.904. EXEMPTION FROM REQUIREMENTS AND RESTRICTIONS APPLYING TO PUBLIC PROPERTY.

  46. Tex. Local Government Code Sec. 394.905. EXEMPTION FROM TAXES AND FEES.

  47. Tex. Local Government Code Sec. 394.906. CONDITIONS UNDER WHICH FEDERAL GUARANTEE OR HOME MORTGAGE INSURANCE NOT REQUIRED. A home mortgage does not require a federal guarantee or home mortgage insurance if the principal of and interest on the housing finance corporation's bonds issued to make or purchase the home mortgage or to make loans to lending institutions are guaranteed or insured by an agency, department, or instrumentality of the United States or by an insurance or surety company authorized to issue municipal bond insurance.

  48. Tex. Local Government Code Sec. 394.907. CORPORATION POWERS NOT RESTRICTED; POLICE POWERS NOT AFFECTED.

Chapter 395

  1. Tex. Local Government Code Sec. 395.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 395.011. AUTHORIZATION OF FEE.

  3. Tex. Local Government Code Sec. 395.012. ITEMS PAYABLE BY FEE.

  4. Tex. Local Government Code Sec. 395.013. ITEMS NOT PAYABLE BY FEE. Impact fees may not be adopted or used to pay for:

  5. Tex. Local Government Code Sec. 395.014. CAPITAL IMPROVEMENTS PLAN.

  6. Tex. Local Government Code Sec. 395.015. MAXIMUM FEE PER SERVICE UNIT.

  7. Tex. Local Government Code Sec. 395.016. TIME FOR ASSESSMENT AND COLLECTION OF FEE.

  8. Tex. Local Government Code Sec. 395.017. ADDITIONAL FEE PROHIBITED; EXCEPTION. After assessment of the impact fees attributable to the new development or execution of an agreement for payment of impact fees, additional impact fees or increases in fees may not be assessed against the tract for any reason unless the number of service units to be developed on the tract increases. In the event of the increase in the number of service units, the impact fees to be imposed are limited to the amount attributable to the additional service units.

  9. Tex. Local Government Code Sec. 395.018. AGREEMENT WITH OWNER REGARDING PAYMENT. A political subdivision is authorized to enter into an agreement with the owner of a tract of land for which the plat has been recorded providing for the time and method of payment of the impact fees.

  10. Tex. Local Government Code Sec. 395.019. COLLECTION OF FEES IF SERVICES NOT AVAILABLE. Except for roadway facilities, impact fees may be assessed but may not be collected in areas where services are not currently available unless:

  11. Tex. Local Government Code Sec. 395.020. ENTITLEMENT TO SERVICES. Any new development for which an impact fee has been paid is entitled to the permanent use and benefit of the services for which the fee was exacted and is entitled to receive immediate service from any existing facilities with actual capacity to serve the new service units, subject to compliance with other valid regulations.

  12. Tex. Local Government Code Sec. 395.021. AUTHORITY OF POLITICAL SUBDIVISIONS TO SPEND FUNDS TO REDUCE FEES. Political subdivisions may spend funds from any lawful source to pay for all or a part of the capital improvements or facility expansions to reduce the amount of impact fees.

  13. Tex. Local Government Code Sec. 395.022. AUTHORITY OF POLITICAL SUBDIVISION TO PAY FEES.

  14. Tex. Local Government Code Sec. 395.023. CREDITS AGAINST ROADWAY FACILITIES FEES. Any construction of, contributions to, or dedications of off-site roadway facilities agreed to or required by a political subdivision as a condition of development approval shall be credited against roadway facilities impact fees otherwise due from the development.

  15. Tex. Local Government Code Sec. 395.0231. CONSERVATION AND REUSE CREDITS AGAINST WATER AND WASTEWATER FEES.

  16. Tex. Local Government Code Sec. 395.024. ACCOUNTING FOR FEES AND INTEREST.

  17. Tex. Local Government Code Sec. 395.025. REFUNDS.

  18. Tex. Local Government Code Sec. 395.041. COMPLIANCE WITH PROCEDURES REQUIRED. Except as otherwise provided by this chapter, a political subdivision must comply with this subchapter to levy an impact fee.

  19. Tex. Local Government Code Sec. 395.0411. CAPITAL IMPROVEMENTS PLAN. The political subdivision shall provide for a capital improvements plan to be developed by qualified professionals using generally accepted engineering and planning practices in accordance with Section 395.014.

  20. Tex. Local Government Code Sec. 395.042. HEARING ON LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN. To impose an impact fee, a political subdivision must adopt an order, ordinance, or resolution establishing a public hearing date to consider the land use assumptions and capital improvements plan for the designated service area.

  21. Tex. Local Government Code Sec. 395.043. INFORMATION ABOUT LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN AVAILABLE TO PUBLIC. At least 60 days before the date of the first publication of the notice of the hearing on the land use assumptions and capital improvements plan, the political subdivision shall make available to the public its land use assumptions, the time period of the projections, and a description of the capital improvement facilities that may be proposed.

  22. Tex. Local Government Code Sec. 395.044. NOTICE OF HEARING ON LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN.

  23. Tex. Local Government Code Sec. 395.045. APPROVAL OF LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN REQUIRED.

  24. Tex. Local Government Code Sec. 395.0455. SYSTEMWIDE LAND USE ASSUMPTIONS.

  25. Tex. Local Government Code Sec. 395.047. HEARING ON IMPACT FEE. On adoption of the land use assumptions and capital improvements plan, the governing body shall adopt an order or resolution setting a public hearing to discuss the imposition of the impact fee. The public hearing must be held by the governing body of the political subdivision to discuss the proposed ordinance, order, or resolution imposing an impact fee.

  26. Tex. Local Government Code Sec. 395.049. NOTICE OF HEARING ON IMPACT FEE.

  27. Tex. Local Government Code Sec. 395.050. ADVISORY COMMITTEE COMMENTS ON IMPACT FEES. The advisory committee created under Section 395.058 shall file its written comments on the proposed impact fees before the fifth business day before the date of the public hearing on the imposition of the fees.

  28. Tex. Local Government Code Sec. 395.051. APPROVAL OF IMPACT FEE REQUIRED.

  29. Tex. Local Government Code Sec. 395.0515. LIMITATION ON IMPACT FEE INCREASE. A political subdivision may not increase the amount of an impact fee for three years from the later of the date the fee was adopted or most recently increased, if applicable. Nothing in this section prohibits the political subdivision from implementing an impact fee collection schedule that allows less than the maximum adopted impact fee to be collected or phased in up to the maximum adopted impact fee for a period not to exceed ten years, as authorized by this chapter.

  30. Tex. Local Government Code Sec. 395.052. PERIODIC UPDATE OF LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN REQUIRED.

  31. Tex. Local Government Code Sec. 395.053. HEARING ON UPDATED LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN. The governing body of the political subdivision shall, within 120 days after the date it receives the update of the land use assumptions and the capital improvements plan, adopt an order setting a public hearing to discuss and review the update and shall determine whether to amend the plan.

  32. Tex. Local Government Code Sec. 395.054. HEARING ON AMENDMENTS TO LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENTS PLAN, OR IMPACT FEE. A public hearing must be held by the governing body of the political subdivision to discuss the proposed ordinance, order, or resolution amending land use assumptions, the capital improvements plan, or the impact fee. At least 60 days before the date of the first publication of the notice of the hearing on the amendments, the land use assumptions and the capital improvements plan, including the amount of any proposed amended impact fee per service unit, shall be made available to the public.

  33. Tex. Local Government Code Sec. 395.055. NOTICE OF HEARING ON AMENDMENTS TO LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENTS PLAN, OR IMPACT FEE.

  34. Tex. Local Government Code Sec. 395.056. ADVISORY COMMITTEE COMMENTS ON AMENDMENTS. The advisory committee created under Section 395.058 shall file its written comments on the proposed amendments to the land use assumptions, capital improvements plan, and impact fee before the fifth business day before the date of the public hearing on the amendments.

  35. Tex. Local Government Code Sec. 395.057. APPROVAL OF AMENDMENTS REQUIRED.

  36. Tex. Local Government Code Sec. 395.0575. DETERMINATION THAT NO UPDATE OF LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENTS PLAN OR IMPACT FEES IS NEEDED.

  37. Tex. Local Government Code Sec. 395.058. ADVISORY COMMITTEE.

  38. Tex. Local Government Code Sec. 395.059. INDEPENDENT FINANCIAL AUDIT.

  39. Tex. Local Government Code Sec. 395.071. DUTIES TO BE PERFORMED WITHIN TIME LIMITS. If the governing body of the political subdivision does not perform a duty imposed under this chapter within the prescribed period, a person who has paid an impact fee or an owner of land on which an impact fee has been paid has the right to present a written request to the governing body of the political subdivision stating the nature of the unperformed duty and requesting that it be performed within 60 days after the date of the request. If the governing body of the political subdivision finds that the duty is required under this chapter and is late in being performed, it shall cause the duty to commence within 60 days after the date of the request and continue until completion.

  40. Tex. Local Government Code Sec. 395.072. RECORDS OF HEARINGS. A record must be made of any public hearing provided for by this chapter. The record shall be maintained and be made available for public inspection by the political subdivision for at least 10 years after the date of the hearing.

  41. Tex. Local Government Code Sec. 395.073. CUMULATIVE EFFECT OF STATE AND LOCAL RESTRICTIONS. Any state or local restrictions that apply to the imposition of an impact fee in a political subdivision where an impact fee is proposed are cumulative with the restrictions in this chapter.

  42. Tex. Local Government Code Sec. 395.074. PRIOR IMPACT FEES REPLACED BY FEES UNDER THIS CHAPTER. An impact fee that is in place on June 20, 1987, must be replaced by an impact fee made under this chapter on or before June 20, 1990. However, any political subdivision having an impact fee that has not been replaced under this chapter on or before June 20, 1988, is liable to any party who, after June 20, 1988, pays an impact fee that exceeds the maximum permitted under Subchapter B by more than 10 percent for an amount equal to two times the difference between the maximum impact fee allowed and the actual impact fee imposed, plus reasonable attorney's fees and court costs.

  43. Tex. Local Government Code Sec. 395.075. NO EFFECT ON TAXES OR OTHER CHARGES. This chapter does not prohibit, affect, or regulate any tax, fee, charge, or assessment specifically authorized by state law.

  44. Tex. Local Government Code Sec. 395.076. MORATORIUM ON DEVELOPMENT PROHIBITED. A moratorium may not be placed on new development for the purpose of awaiting the completion of all or any part of the process necessary to develop, adopt, or update land use assumptions, a capital improvements plan, or an impact fee.

  45. Tex. Local Government Code Sec. 395.077. APPEALS.

  46. Tex. Local Government Code Sec. 395.079. IMPACT FEE FOR STORM WATER, DRAINAGE, AND FLOOD CONTROL IN POPULOUS COUNTY.

  47. Tex. Local Government Code Sec. 395.080. CHAPTER NOT APPLICABLE TO CERTAIN WATER-RELATED SPECIAL DISTRICTS.

  48. Tex. Local Government Code Sec. 395.081. FEES FOR ADJOINING LANDOWNERS IN CERTAIN MUNICIPALITIES.

Chapter 397

  1. Tex. Local Government Code Sec. 397.001. DEFINITIONS. In this chapter:

  2. Tex. Local Government Code Sec. 397.002. MILITARY BASE OR DEFENSE FACILITY VALUE ENHANCEMENT STATEMENT.

  3. Tex. Local Government Code Sec. 397.0021. DEFENSE COMMUNITY ECONOMIC REDEVELOPMENT VALUE STATEMENT.

  4. Tex. Local Government Code Sec. 397.003. COMPREHENSIVE DEFENSE COMMUNITY STRATEGIC IMPACT PLAN.

  5. Tex. Local Government Code Sec. 397.004. PLANNING MANUAL. A defense community that has prepared a comprehensive defense community strategic impact plan described by Section 397.003 is encouraged to develop, in coordination with the authorities of each military base or defense facility associated with the community, a planning manual based on the proposals contained in the plan. The manual should adopt guidelines for community planning and development to further the purposes described under Section 397.002. The defense community should, from time to time, consult with military base or defense facility authorities regarding any changes needed in the planning manual guidelines adopted under this section.

  6. Tex. Local Government Code Sec. 397.005. CONSULTATION WITH OR NOTIFICATION TO MILITARY BASE OR DEFENSE FACILITY AUTHORITIES: PROPOSED ORDINANCE, RULE, OR PLAN.

  7. Tex. Local Government Code Sec. 397.006. CONSULTATION WITH OR NOTIFICATION TO MILITARY BASE OR DEFENSE FACILITY AUTHORITIES: PROPOSED STRUCTURE.

  8. Tex. Local Government Code Sec. 397.007. PUBLIC INFORMATION REGARDING IMPACT OF MILITARY INSTALLATIONS. A county and any municipality in which is located a military installation shall work closely with the military installation as necessary to ensure that the most recent Air Installation Compatible Use Zone Study or Joint Land Use Study applicable to each military installation or a link to that information is publicly available on the local governmental entity's Internet website.

Chapter 399

  1. Tex. Local Government Code Sec. 399.001. SHORT TITLE. This chapter may be cited as the Property Assessed Clean Energy Act.

  2. Tex. Local Government Code Sec. 399.002. DEFINITIONS. In this chapter:

  3. Tex. Local Government Code Sec. 399.003. EXERCISE OF POWERS.

  4. Tex. Local Government Code Sec. 399.004. AUTHORIZED ASSESSMENTS.

  5. Tex. Local Government Code Sec. 399.005. WRITTEN CONTRACT FOR ASSESSMENT REQUIRED. A local government may impose an assessment under this chapter only under a written contract with the record owner of the real property to be assessed.

  6. Tex. Local Government Code Sec. 399.006. ESTABLISHMENT OF PROGRAM.

  7. Tex. Local Government Code Sec. 399.007. DESIGNATION OF REGION.

  8. Tex. Local Government Code Sec. 399.008. PROCEDURE FOR ESTABLISHMENT OF PROGRAM.

  9. Tex. Local Government Code Sec. 399.009. REPORT REGARDING ASSESSMENT.

  10. Tex. Local Government Code Sec. 399.010. NOTICE TO MORTGAGE HOLDER REQUIRED FOR PARTICIPATION. Before a local government may enter into a written contract with a record owner of real property to impose an assessment to repay the financing of a qualified project under this chapter:

  11. Tex. Local Government Code Sec. 399.011. REVIEW REQUIRED.

  12. Tex. Local Government Code Sec. 399.012. DIRECT ACQUISITION BY OWNER. The proposed arrangements for financing a qualified project may authorize the property owner to:

  13. Tex. Local Government Code Sec. 399.013. RECORDING OF NOTICE OF CONTRACTUAL ASSESSMENT REQUIRED.

  14. Tex. Local Government Code Sec. 399.014. LIEN.

  15. Tex. Local Government Code Sec. 399.015. CONTRACT FOR COLLECTION OF ASSESSMENTS; NO PERSONAL LIABILITY.

  16. Tex. Local Government Code Sec. 399.016. BONDS OR NOTES.

  17. Tex. Local Government Code Sec. 399.017. JOINT IMPLEMENTATION.

  18. Tex. Local Government Code Sec. 399.018. PROHIBITED ACTS. A local government that establishes a region under this chapter may not:

  19. Tex. Local Government Code Sec. 399.019. NO PERSONAL LIABILITY. The members of the governing body of a local government, other elected officials of a local government, employees of a local government, and board members, executives, employees, and contractors of a third party who enter into a contract with a local government to provide administrative services for a program under this chapter are not personally liable as a result of exercising any rights or responsibilities granted under this chapter.

Natural Resources

Chapter 1

  1. Tex. Natural Resources Code Sec. 1.001. PURPOSE OF CODE.

  2. Tex. Natural Resources Code Sec. 1.002. CONSTRUCTION OF CODE. The Code Construction Act (Chapter 311, Government Code) applies to the construction of each provision in this code, except as otherwise expressly provided by this code.

  3. Tex. Natural Resources Code Sec. 1.003. PREEMPTION. Unless expressly authorized by another statute, a municipality or county may not adopt, enforce, or maintain an ordinance, order, or rule regulating conduct in a field of regulation that is occupied by a provision of this code. An ordinance, order, or rule that violates this section is void, unenforceable, and inconsistent with this code.

Chapter 11

  1. Tex. Natural Resources Code Sec. 11.001. DEFINITIONS. In this chapter:

  2. Tex. Natural Resources Code Sec. 11.011. VACANT AND UNAPPROPRIATED LAND. So that the law relating to the public domain may be brought together, the following extract is taken from the joint resolutions of the Congress of the United States relating to the annexation of Texas to the United States, which was approved June 23, 1845: "Said State, when admitted into the Union, . . . shall also retain all the vacant and unappropriated lands lying within its limits, to be applied to the payment of debts and liabilities of said Republic of Texas, and the residue of said lands, after discharging said debts and liabilities, to be disposed of as said State may direct. . . ."

  3. Tex. Natural Resources Code Sec. 11.0111. LOCATION OF COASTAL BOUNDARIES.

  4. Tex. Natural Resources Code Sec. 11.012. GULFWARD BOUNDARY OF TEXAS.

  5. Tex. Natural Resources Code Sec. 11.013. GULFWARD BOUNDARIES OF COUNTIES, CITIES, TOWNS, OR VILLAGES.

  6. Tex. Natural Resources Code Sec. 11.0131. JURISDICTION OF HOME-RULE CITIES OVER SUBMERGED LANDS.

  7. Tex. Natural Resources Code Sec. 11.014. LAND ACQUIRED FROM OKLAHOMA.

  8. Tex. Natural Resources Code Sec. 11.015. EXTENSION OF TEXAS-NEW MEXICO BOUNDARY.

  9. Tex. Natural Resources Code Sec. 11.016. LAND ACQUIRED FROM MEXICO IN 1933.

  10. Tex. Natural Resources Code Sec. 11.017. CHAMIZAL AREA.

  11. Tex. Natural Resources Code Sec. 11.018. CESSION OF CERTAIN EL PASO LAND.

  12. Tex. Natural Resources Code Sec. 11.041. PERMANENT SCHOOL FUND.

  13. Tex. Natural Resources Code Sec. 11.042. ASYLUM FUND. The 400,000 acres of land set apart for the various asylums in equal portions of 100,000 acres for each by act of the legislature, approved August 30, 1856, is recognized and set apart to provide a permanent fund for the support, maintenance, and improvement of the asylums.

  14. Tex. Natural Resources Code Sec. 11.043. UNIVERSITY FUND. After payment of the amount due to the permanent school fund for proceeds from the sale of the portion of the public land set aside for payment of the public debt by act of the legislature in 1879 and payment directed to be made to the permanent school and university funds by act of the legislature in 1883, the remainder of the land not to exceed two million acres or the proceeds from their sale shall be divided in half and one of the halves shall constitute a permanent endowment fund for The University of Texas System.

  15. Tex. Natural Resources Code Sec. 11.071. RECOVERY OF VALUE OF MINERALS AND TIMBER.

  16. Tex. Natural Resources Code Sec. 11.072. FENCES WITH AND WITHOUT GATES.

  17. Tex. Natural Resources Code Sec. 11.073. DEFINITION OF FENCING. In Sections 11.074 and 11.075 of this code, "fencing" means the erection of any structure of wood, wire, wood and wire, or any other material, whether it encloses land on all sides or only one or more sides, which is intended to prevent the passage of cattle, horses, mules, sheep, goats, or hogs.

  18. Tex. Natural Resources Code Sec. 11.074. HERDING AND LINE-RIDING.

  19. Tex. Natural Resources Code Sec. 11.075. APPROPRIATION OF LAND BY FENCING.

  20. Tex. Natural Resources Code Sec. 11.076. UNLAWFUL ENCLOSURES.

  21. Tex. Natural Resources Code Sec. 11.077. SUIT AGAINST ADVERSE CLAIMANT. If any public land is held, occupied, or claimed adversely to the state or to any fund of the state by any person or if land is forfeited to the state for any reason, the attorney general shall file suit for the land, for rent on the land, and to recover damages to the land.

  22. Tex. Natural Resources Code Sec. 11.078. VENUE. A suit brought under the provisions of Section 11.076 or Section 11.077 of this code shall be brought in the county in which the land or any part of the land is located.

  23. Tex. Natural Resources Code Sec. 11.079. ACCESS TO LAND.

  24. Tex. Natural Resources Code Sec. 11.0791. OTHER PROVISIONS REGARDING ACCESS TO STATE LANDS. When a state governmental entity sells state land, the entity shall require that the state have the right of ingress and egress to remaining state land in the immediate area by an easement to a public thoroughfare.

  25. Tex. Natural Resources Code Sec. 11.080. DAMAGES TO PERSONS AND PERSONALTY. When access to any land is obtained by the state under Section 11.079 of this code, the state shall be liable to the property owner to the same extent that any private easement holder would be held liable for the use of access across privately owned property.

  26. Tex. Natural Resources Code Sec. 11.081. RULES. The General Land Office of the State of Texas shall promulgate and enforce rules governing the construction, maintenance, and use of roads created by access granted under Section 11.079 of this code.

  27. Tex. Natural Resources Code Sec. 11.082. NOTICE TO SCHOOL LAND BOARD.

  28. Tex. Natural Resources Code Sec. 11.083. RETENTION OF MINERAL RIGHTS. The state shall retain the mineral rights to state land that is sold unless it is impractical to do so.

  29. Tex. Natural Resources Code Sec. 11.084. SCHOOL LAND BOARD APPROVAL OF PATENT FOR INTEREST IN LAND RELEASED BY STATE.

  30. Tex. Natural Resources Code Sec. 11.085. PROCEDURE FOR APPLYING FOR PATENT FOR INTEREST IN LAND RELEASED BY STATE.

  31. Tex. Natural Resources Code Sec. 11.086. CONFIDENTIALITY OF CERTAIN INFORMATION RELATED TO PURCHASE, SALE, OR DEVELOPMENT OF REAL PROPERTY.

Chapter 12

  1. Tex. Natural Resources Code Sec. 12.001. ADOPTION OF COMPACT. This state enacts the Red River Boundary Compact into law and enters into the compact with the State of Oklahoma if that state legally joins in the compact in substantially the form provided by Section 12.002.

  2. ARTICLE I. PURPOSE

  3. ARTICLE II. ESTABLISHMENT OF BOUNDARY

  4. ARTICLE III. SOVEREIGNTY

  5. ARTICLE IV. PENDING LITIGATION

  6. ARTICLE IX. ENFORCEMENT

  7. ARTICLE V. PUBLIC RECORDS

  8. ARTICLE VI. TAXES

  9. ARTICLE VII. PROPERTY AND WATER RIGHTS

  10. ARTICLE VIII. EFFECTIVE DATE

  11. ARTICLE X. AMENDMENTS

  12. Tex. Natural Resources Code Sec. 12.002. TEXT OF COMPACT. The Red River Boundary Compact reads as follows:

  13. Tex. Natural Resources Code Sec. 12.003. NEGOTIATIONS TO RESOLVE DIFFERENCES.

  14. Tex. Natural Resources Code Sec. 12.004. IMPLEMENTATION OF COMPACT.

  15. Tex. Natural Resources Code Sec. 12.005. RELATION TO OTHER LAW AND LITIGATION. The Red River Boundary Compact does not affect:

  16. Tex. Natural Resources Code Sec. 12.051. DEFINITIONS. In this subchapter:

  17. Tex. Natural Resources Code Sec. 12.052. CREATION OF COMMISSION. The Red River Boundary Commission is established to oversee the redrawing of the boundary between this state and the State of Oklahoma in the Texoma area.

  18. Tex. Natural Resources Code Sec. 12.053. MEMBERSHIP.

  19. Tex. Natural Resources Code Sec. 12.054. COMPENSATION. A commission member is not entitled to receive compensation for service on the commission but may receive reimbursement for travel expenses incurred while conducting commission business.

  20. Tex. Natural Resources Code Sec. 12.055. STAFF SUPPORT. The General Land Office, the office of the attorney general, and the Texas Commission on Environmental Quality shall provide necessary staff support to the commission.

  21. Tex. Natural Resources Code Sec. 12.056. POWERS AND DUTIES. The commission shall confer and act jointly with representatives appointed on behalf of the State of Oklahoma to:

  22. Tex. Natural Resources Code Sec. 12.057. REPORTS.

  23. Tex. Natural Resources Code Sec. 12.058. EXPIRATION OF SUBCHAPTER. This subchapter expires December 31, 2027.

Chapter 21

  1. Tex. Natural Resources Code Sec. 21.001. DEFINITIONS. In this chapter:

  2. Tex. Natural Resources Code Sec. 21.011. SURVEYS OF PUBLIC LAND. Each survey of public land shall be made under authority of law and by a surveyor duly appointed, elected, or licensed and qualified.

  3. Tex. Natural Resources Code Sec. 21.012. SURVEYS ON NAVIGABLE STREAMS.

  4. Tex. Natural Resources Code Sec. 21.013. SURVEYS NOT ON A NAVIGABLE STREAM. Surveys that are not made on navigable streams shall be in a square as far as lines previously surveyed will permit.

  5. Tex. Natural Resources Code Sec. 21.014. SURVEY FOR DIVISION LINE.

  6. Tex. Natural Resources Code Sec. 21.041. FIELD NOTES OF A SURVEY OF PUBLIC LAND. The field notes of a survey of public land shall state:

  7. Tex. Natural Resources Code Sec. 21.042. SURVEYOR'S CERTIFICATION.

  8. Tex. Natural Resources Code Sec. 21.043. LOST FIELD NOTES.

  9. Tex. Natural Resources Code Sec. 21.044. INCORRECT FIELD NOTES.

  10. Tex. Natural Resources Code Sec. 21.071. ADOPTION OF COORDINATE SYSTEMS.

  11. Tex. Natural Resources Code Sec. 21.0711. ALTERNATIVE COORDINATE SYSTEMS.

  12. Tex. Natural Resources Code Sec. 21.072. PURPOSE AND LIMITATIONS OF COORDINATE SYSTEMS.

  13. Tex. Natural Resources Code Sec. 21.073. DIVISION OF STATE INTO ZONES. For the purpose of using a system, the state is divided into five zones:

  14. Tex. Natural Resources Code Sec. 21.074. AREA WITHIN ZONES.

  15. Tex. Natural Resources Code Sec. 21.075. ZONE NAMES IN LAND DESCRIPTION.

  16. Tex. Natural Resources Code Sec. 21.076. DEFINITIONS.

  17. Tex. Natural Resources Code Sec. 21.077. UNIT OF MEASUREMENT. The unit of measurement in this subchapter has the following values, based on the International Meter established by the National Bureau of Standards:

  18. Tex. Natural Resources Code Sec. 21.078. TERMS "X COORDINATE" AND "Y COORDINATE".

  19. Tex. Natural Resources Code Sec. 21.079. LAND IN MORE THAN ONE ZONE. If a tract of land to be defined by a single description extends from one zone into another of the coordinate zones, the positions of all points on its boundaries may be referred to by either of the zones, the zone which is used being specifically named in the description.

Chapter 23

  1. Tex. Natural Resources Code Sec. 23.001. DEFINITIONS. In this chapter:

  2. Tex. Natural Resources Code Sec. 23.011. ELECTION.

  3. Tex. Natural Resources Code Sec. 23.012. RESIDENCE. The county surveyor shall reside in the county.

  4. Tex. Natural Resources Code Sec. 23.013. BOND. The county surveyor shall execute a bond conditioned on the faithful performance of the duties of the office. The amount of the bond shall be fixed by the commissioners court and shall be not less than $500 nor more than $10,000.

  5. Tex. Natural Resources Code Sec. 23.014. DEPUTY SURVEYOR.

  6. Tex. Natural Resources Code Sec. 23.015. CHAIN CARRIERS AND MARKERS.

  7. Tex. Natural Resources Code Sec. 23.016. OFFICE LOCATION.

  8. Tex. Natural Resources Code Sec. 23.017. ABOLITION OF OFFICE IN CERTAIN COUNTIES. In a county in which the office of county surveyor was abolished by Chapter 315, Acts of the 61st Legislature, Regular Session, 1969 (Article 5298a, Vernon's Texas Civil Statutes), the commissioners court may, when the court considers it necessary, employ a qualified person to perform a function formerly performed by the county surveyor.

  9. Tex. Natural Resources Code Sec. 23.051. IN GENERAL. The county surveyor shall perform the duties required of him by law.

  10. Tex. Natural Resources Code Sec. 23.0515. FIELD NOTES, PLATS, AND OTHER DOCUMENTS.

  11. Tex. Natural Resources Code Sec. 23.052. SURVEYS ON WHICH PATENTS ARE TO BE OBTAINED. The county surveyor shall:

  12. Tex. Natural Resources Code Sec. 23.053. RECORD OF FIELD NOTES.

  13. Tex. Natural Resources Code Sec. 23.054. RIGHT OF INSPECTION. At all times, any interested person, agent, or attorney may examine the books, papers, plats, maps, or other archives belonging to the office of the county surveyor on the payment of the fee set by law. In addition to the fees allowed by law for field work, the county surveyor may charge 20 cents per 100 words for the record.

  14. Tex. Natural Resources Code Sec. 23.055. BOUND RECORDS. If the commissioners court considers it necessary, it may order that the county surveyor's record be transcribed in good and substantial books by the county surveyor or special deputies sworn to make true copies of the record. For this service, not more than 15 cents per 100 words shall be allowed to be paid out of the county treasury.

  15. Tex. Natural Resources Code Sec. 23.056. LOST RECORDS.

  16. Tex. Natural Resources Code Sec. 23.057. CUSTODY OF RECORDS IN ABSENCE OF COUNTY SURVEYOR; POWERS AND DUTIES OF COUNTY CLERK. If a county does not have a county surveyor, the county clerk of the county:

  17. Tex. Natural Resources Code Sec. 23.058. DELIVERY OF RECORDS TO SUCCESSOR. On removal from office or at the expiration of his term of office, the county surveyor shall deliver to his successor all records, books, papers, maps, and other things pertaining to his office.

  18. Tex. Natural Resources Code Sec. 23.059. FAILURE TO SURVEY. If a county surveyor fails, neglects, or refuses to make a survey or have a survey made, within one month after the amount of lawful surveying fees are tendered to him by a person legally entitled to the survey, he and his sureties shall be liable on his official bond to the injured parties in the amount of damages or injury the parties may sustain by reason of the neglect, refusal, or failure.

  19. Tex. Natural Resources Code Sec. 23.060. FEES FOR RECORDING AND ISSUING DOCUMENTS.

Chapter 31

  1. Tex. Natural Resources Code Sec. 31.001. DEFINITIONS. In this chapter:

  2. Tex. Natural Resources Code Sec. 31.002. EXEMPTION FROM CERTAIN REAL ESTATE TRANSACTION LAWS.

  3. Tex. Natural Resources Code Sec. 31.011. LAND OFFICE ESTABLISHED. There shall be one General Land Office located in Austin, which shall register all land titles emanating from the state if not prohibited by the constitution.

  4. Tex. Natural Resources Code Sec. 31.014. COMMISSIONER'S LIABILITY. The commissioner and a surety on a bond authorized under Chapter 653, Government Code, are responsible to any person who is injured by removal, withdrawal, or alteration of any record or file in the land office, unless the commissioner is able to show that the act has taken place with the permission of the person owning the file or record.

  5. Tex. Natural Resources Code Sec. 31.015. CHIEF CLERK.

  6. Tex. Natural Resources Code Sec. 31.016. ABSTRACT CLERK. The commissioner shall designate one of his clerks as the abstract clerk and shall assign to him the special duty to correct the abstracts of patented, titled, and surveyed real property required to be kept in the land office to reflect errors, changes caused by cancellation of patents and in county lines, and the creation of new counties and to add new patented surveys on the date they are patented.

  7. Tex. Natural Resources Code Sec. 31.017. RECEIVER. With the consent of the governor, the commissioner shall appoint a suitable person to serve as receiver for the land office.

  8. Tex. Natural Resources Code Sec. 31.018. TRANSLATOR.

  9. Tex. Natural Resources Code Sec. 31.019. SURVEYORS.

  10. Tex. Natural Resources Code Sec. 31.021. REIMBURSEMENT FOR NOTARY PUBLIC EXPENSE. The land office may reimburse an employee for the fees and costs of a bond that are required for appointment as a notary public if the employee provides notary public service as part of the employee's duties with the land office.

  11. Tex. Natural Resources Code Sec. 31.051. GENERAL DUTIES. The commissioner shall:

  12. Tex. Natural Resources Code Sec. 31.0515. DUTIES RELATED TO THE ALAMO COMPLEX.

  13. Tex. Natural Resources Code Sec. 31.052. CUSTODY OF RECORDS.

  14. Tex. Natural Resources Code Sec. 31.053. FILING PAPERS.

  15. Tex. Natural Resources Code Sec. 31.054. PUBLIC ACCESS TO AND REMOVAL OF PAPERS.

  16. Tex. Natural Resources Code Sec. 31.056. REVISION, COMPILATION, AND PRINTING OF ABSTRACTS.

  17. Tex. Natural Resources Code Sec. 31.058. RECEIVING FUNDS.

  18. Tex. Natural Resources Code Sec. 31.059. RECEIVER'S BOOKS.

  19. Tex. Natural Resources Code Sec. 31.062. EMBEZZLEMENT. If a suspended receiver is found guilty of embezzlement, the receiver shall be removed from office and a suit shall be instituted to recover on a bond authorized under Chapter 653, Government Code.

  20. Tex. Natural Resources Code Sec. 31.064. SETTING AND COLLECTING FEES. The commissioner shall set and collect, for the use of the state, reasonable fees in amounts for filing fees, preparation of certificates of fact, certified copies, maps, reproduction of maps and sketches, Spanish translations, patents and deeds of acquittance, and for other miscellaneous services, including but not limited to shipping in a mailing tube and typed transcriptions or taped copies of tapes or other sound recordings, and any other provided services and products.

  21. Tex. Natural Resources Code Sec. 31.065. AUTHORITY TO ACCEPT GRANTS, GIFTS, DEVISES, TRUSTS, AND BEQUESTS.

  22. Tex. Natural Resources Code Sec. 31.0655. SAVE TEXAS HISTORY AND ADOPT-A-BEACH PROGRAMS.

  23. Tex. Natural Resources Code Sec. 31.066. AUTHORITY TO ACCEPT TITLE TO A SITE FOLLOWING COMPLETION OF REMEDIAL ACTION IN ACCORDANCE WITH FEDERAL LAW.

  24. Tex. Natural Resources Code Sec. 31.067. AUTHORITY TO SELL CERTAIN AGENCY REAL PROPERTY. The division is authorized to sell any real property acquired on behalf of the state pursuant to Section 402.025, Government Code. Sale of such real property shall be conducted in accordance with the provisions of Section 31.158 of this code unless otherwise provided by law. Proceeds of sale shall be deposited in the General Revenue Fund as specified in Section 402.025, Government Code.

  25. Tex. Natural Resources Code Sec. 31.0671. AGENCY AUTHORITY TO SELL OR EXCHANGE REAL PROPERTY. Any state agency or political subdivision may directly sell or exchange real property to which it holds title with the School Land Board for the benefit of the permanent school fund if the sale or exchange is for market value. Section 272.001, Local Government Code, does not apply to an exchange under this section. A political subdivision must provide the governor with advance notice of a proposed sale or exchange under this section, which notice must be sent to the governor at least 30 days before the transaction may be effected. In addition, the governor may disapprove any sale or exchange of real property by a state agency under this section prior to the sale or exchange. The state agency contemplating a sale or exchange under this section shall submit to the governor a formal request for approval. The state agency may conduct the sale or exchange unless the governor gives the state agency written notice disapproving the sale or exchange. The governor must provide written notice of disapproval under this section not later than the 30th day after the date the governor receives the written request for approval.

  26. Tex. Natural Resources Code Sec. 31.0672. AUTHORITY TO CONDUCT CERTAIN REAL PROPERTY TRANSACTIONS.

  27. Tex. Natural Resources Code Sec. 31.068. STANDING TO ENFORCE RESTRICTIONS.

  28. Tex. Natural Resources Code Sec. 31.069. INDEFINITE QUANTITY CONTRACTS FOR SERVICES AFTER DECLARED NATURAL DISASTER.

  29. Tex. Natural Resources Code Sec. 31.070. GULF COAST PROTECTION ACCOUNT.

  30. Tex. Natural Resources Code Sec. 31.153. REAL PROPERTY ACCOUNTING AND RECORDS.

  31. Tex. Natural Resources Code Sec. 31.154. REAL PROPERTY INVENTORY. The division shall review and keep inventory records of all real property owned by the state. The division shall compile the inventory records from the information submitted under Sections 31.153 and 31.155 of this subchapter.

  32. Tex. Natural Resources Code Sec. 31.155. SPECIAL STATUS OF CERTAIN AGENCIES.

  33. Tex. Natural Resources Code Sec. 31.156. REAL PROPERTY REVIEW.

  34. Tex. Natural Resources Code Sec. 31.157. EVALUATION REPORT.

  35. Tex. Natural Resources Code Sec. 31.1571. GOVERNOR'S REPORT.

  36. Tex. Natural Resources Code Sec. 31.1573. REAL ESTATE TRANSACTIONS AUTHORIZED BY GOVERNOR.

  37. Tex. Natural Resources Code Sec. 31.158. REAL ESTATE TRANSACTIONS AUTHORIZED BY LEGISLATURE.

  38. Tex. Natural Resources Code Sec. 31.1581. TRANSFER OF REAL PROPERTY FOR USE AS AFFORDABLE HOUSING.

  39. Tex. Natural Resources Code Sec. 31.1582. SALE OF CERTAIN MINERAL INTERESTS.

  40. Tex. Natural Resources Code Sec. 31.1585. CERTAIN PROCEEDS. Notwithstanding any other law, proceeds from the sale of real property purchased with general revenue funds that was recommended for sale by the division and not disapproved for sale by the governor during the calendar years 1995 through 2002 shall be deposited in the unobligated portion of the general revenue fund and may only be appropriated to the state agency that possessed the property at the time of the sale for use by the state agency in performing its duties.

  41. Tex. Natural Resources Code Sec. 31.159. FIRST OPTION TO PURCHASE.

  42. Tex. Natural Resources Code Sec. 31.161. DEVELOPMENT PLAN.

  43. Tex. Natural Resources Code Sec. 31.1611. PUBLIC HEARING BEFORE PREPARATION OF DEVELOPMENT PLAN.

  44. Tex. Natural Resources Code Sec. 31.162. SUBMISSION OF THE PLAN TO AFFECTED LOCAL GOVERNMENT.

  45. Tex. Natural Resources Code Sec. 31.163. REZONING.

  46. Tex. Natural Resources Code Sec. 31.164. FEES AND ASSESSMENTS.

  47. Tex. Natural Resources Code Sec. 31.165. SPECIAL BOARD OF REVIEW.

  48. Tex. Natural Resources Code Sec. 31.166. HEARING.

  49. Tex. Natural Resources Code Sec. 31.167. BINDING EFFECT OF DEVELOPMENT PLAN.

  50. Tex. Natural Resources Code Sec. 31.307. DEDICATION OF ROADS. The commissioner may dedicate roads located on the real property used as the site for the superconducting super collider research facility to the county in which the roads are located if the commissioner believes that the dedication will enhance the value of remaining state real property.

  51. Tex. Natural Resources Code Sec. 31.308. CONVEYANCE OF SURFACE AND SUBSURFACE ESTATE.

  52. Tex. Natural Resources Code Sec. 31.309. PREFERENCE RIGHT TO PURCHASE CERTAIN REAL PROPERTY.

  53. Tex. Natural Resources Code Sec. 31.401. NATURAL GAS ACQUISITION CONTRACTS.

  54. Tex. Natural Resources Code Sec. 31.402. RULES. The commissioner shall adopt any rules necessary to carry out this subchapter, including rules regarding review and approval of natural gas acquisition contracts under Section 31.401 of this code.

  55. Tex. Natural Resources Code Sec. 31.450. FINDINGS; MEMORANDUM OF UNDERSTANDING.

  56. Tex. Natural Resources Code Sec. 31.451. PRESERVATION AND MAINTENANCE OF ALAMO.

  57. Tex. Natural Resources Code Sec. 31.452. ASSISTANCE FROM STATE PRESERVATION BOARD. The land office may consult with the State Preservation Board in the performance of duties under this subchapter. On request of the land office, the State Preservation Board shall assist the land office with the land office's duties relating to the Alamo complex.

  58. Tex. Natural Resources Code Sec. 31.453. AGREEMENT WITH DAUGHTERS OF THE REPUBLIC OF TEXAS.

  59. Tex. Natural Resources Code Sec. 31.454. THE ALAMO COMPLEX ACCOUNT.

  60. Tex. Natural Resources Code Sec. 31.455. ALAMO PRESERVATION ADVISORY BOARD.

  61. Tex. Natural Resources Code Sec. 31.501. DEFINITION. In this subchapter, "hike and bike trail" means a trail designed for the exclusive use of pedestrians and bicyclists.

  62. Tex. Natural Resources Code Sec. 31.5011. ESTABLISHMENT OF BICENTENNIAL TRAIL.

  63. Tex. Natural Resources Code Sec. 31.502. BICENTENNIAL TRAIL PURPOSES. The Bicentennial Trail is established as a network of hike and bike trails to connect the Alamo to the State Capitol and to include hike and bike trail connections to Barton Springs, San Marcos Springs, Comal Springs, and San Antonio Springs for the purposes of promoting outdoor recreation, environmental stewardship, and the historical and cultural heritage of this state.

  64. Tex. Natural Resources Code Sec. 31.503. USE OF BICENTENNIAL TRAIL PROPERTY. Real property acquired by this state for the Bicentennial Trail may be used only for the purposes of the Bicentennial Trail.

  65. Tex. Natural Resources Code Sec. 31.504. BICENTENNIAL TRAIL MAINTENANCE. The Parks and Wildlife Department shall maintain any real property it acquires for the Bicentennial Trail.

Chapter 32

  1. Tex. Natural Resources Code Sec. 32.001. DEFINITIONS. In this chapter:

  2. Tex. Natural Resources Code Sec. 32.002. APPLICATION OF CHAPTER.

  3. Tex. Natural Resources Code Sec. 32.003. APPLICATION OF SUNSET ACT. The School Land Board is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished September 1, 2031.

  4. Tex. Natural Resources Code Sec. 32.011. CREATION OF BOARD. There is created a board to be known as the School Land Board.

  5. Tex. Natural Resources Code Sec. 32.012. MEMBERS OF THE BOARD.

  6. Tex. Natural Resources Code Sec. 32.0121. APPOINTMENTS WITHOUT DISCRIMINATION. Appointments to the board shall be made without regard to the race, color, handicap, sex, religion, age, or national origin of the appointees.

  7. Tex. Natural Resources Code Sec. 32.0122. DISQUALIFICATION OF LOBBYISTS. A person who is required to register as a lobbyist under Chapter 305 of the Government Code, by virtue of his activities for compensation in or on behalf of a profession related to the operation of the board, may not serve as a member of the board or act as the general counsel to the board.

  8. Tex. Natural Resources Code Sec. 32.0123. CONFLICTS OF INTEREST PROHIBITED. An officer, employee, or paid consultant of a statewide or national trade association in the oil and gas or mining industry may not be a member or employee of the board, nor may a person who cohabits with or is the spouse of an officer, managerial employee, or paid consultant of a statewide or national trade association in the oil and gas or mining industry be a member of the board or an employee of the board grade 17 and over, including exempt employees, according to the position classification schedule under the General Appropriations Act.

  9. Tex. Natural Resources Code Sec. 32.013. TERMS OF APPOINTED MEMBERS. The appointed members of the board serve for terms of two years.

  10. Tex. Natural Resources Code Sec. 32.014. CHAIRMAN OF THE BOARD. The commissioner serves as chairman of the board.

  11. Tex. Natural Resources Code Sec. 32.015. PER DIEM AND REIMBURSEMENT. Each citizen member of the board is entitled to receive a per diem allowance for each day spent in performing his duties and as reimbursement for actual and necessary travel expenses incurred in performing his duties the amount provided in the General Appropriations Act.

  12. Tex. Natural Resources Code Sec. 32.016. BOARD MEETINGS.

  13. Tex. Natural Resources Code Sec. 32.017. SECRETARY OF THE BOARD.

  14. Tex. Natural Resources Code Sec. 32.0171. REMOVAL OF BOARD MEMBER.

  15. Tex. Natural Resources Code Sec. 32.018. EMPLOYMENT OF GEOLOGIST AND MINERALOGIST. The commissioner may employ a geologist and a mineralogist who shall be informed about minerals on land under the board's jurisdiction and activities under pending applications and previous leases and sales. The geologist and mineralogist shall report to the board any information relating to these subjects.

  16. Tex. Natural Resources Code Sec. 32.019. BOARD EMPLOYEES.

  17. Tex. Natural Resources Code Sec. 32.0191. SEPARATION OF RESPONSIBILITIES. The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the commissioner and the staff of the land office.

  18. Tex. Natural Resources Code Sec. 32.020. MINUTES OF BOARD. The board shall keep minutes which shall include a record of its proceedings and a docket on which the secretary shall enter matters to be considered by the board.

  19. Tex. Natural Resources Code Sec. 32.021. RECORDS AND PROCEEDINGS AS ARCHIVES. The records and proceedings of the board shall be records and archives of the land office.

  20. Tex. Natural Resources Code Sec. 32.022. INSPECTION OF MINUTES AND DOCKET.

  21. Tex. Natural Resources Code Sec. 32.025. AUDIT. The financial transactions of the board are subject to audit by the state auditor in accordance with Chapter 321, Government Code.

  22. Tex. Natural Resources Code Sec. 32.026. POLICIES ON PUBLIC HEARINGS. The board shall develop and implement policies that will provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.

  23. Tex. Natural Resources Code Sec. 32.027. MEMBER TRAINING.

  24. Tex. Natural Resources Code Sec. 32.028. COMPLAINTS.

  25. Tex. Natural Resources Code Sec. 32.061. BOARD'S GENERAL DUTIES. Except as provided by Subchapter G, Chapter 51, of this code, the board shall:

  26. Tex. Natural Resources Code Sec. 32.062. ADOPTION OF RULES AND COLLECTION OF FEES.

  27. Tex. Natural Resources Code Sec. 32.063. DUTY TO ADVISE COMMISSIONER. The board shall advise the commissioner regarding any matters submitted to it for that purpose.

  28. Tex. Natural Resources Code Sec. 32.064. SURVEY OR SUBDIVISION OF LAND. The board may have land surveyed or subdivided into tracts, lots, or blocks based on its determination of which method will be most conducive and convenient to facilitate the advantageous sale of land, the lease of land for oil, gas, or other minerals, or the commitment of land to a contract for development.

  29. Tex. Natural Resources Code Sec. 32.065. PERMITS FOR SURVEYS OR INVESTIGATIONS. If land other than public school land is not under a valid lease or committed to a contract for development, the board may issue a permit for a geological, geophysical, or other survey or investigation of that land that will encourage the development of the land for oil, gas, or other minerals. The permit may be issued for the consideration and under the terms and conditions the board considers to be in the best interest of the state.

  30. Tex. Natural Resources Code Sec. 32.066. EASEMENTS.

  31. Tex. Natural Resources Code Sec. 32.067. MARGINAL PROPERTY ROYALTY RATES.

  32. Tex. Natural Resources Code Sec. 32.101. APPLICABLE LAW. Land shall be offered for sale, lease, or commitment to a contract for development subject to the terms and conditions provided by law. Sales and leases of upland within 2,500 feet of a military base may not be made unless the commissioner or the commissioner's designee, after consultation with appropriate military authorities, determines that the sale or lease will not adversely affect the mission of the military base.

  33. Tex. Natural Resources Code Sec. 32.104. APPRAISAL FEE.

  34. Tex. Natural Resources Code Sec. 32.105. DATE FOR OPENING BIDS. The date for opening bids for the sale, lease, or commitment to a contract for development of land shall be:

  35. Tex. Natural Resources Code Sec. 32.106. DESCRIPTION OF LAND. The description of public school land offered for sale, lease, or commitment to a contract for development shall be in accord with the description which may be found in the School Land Registry or other records in the land office.

  36. Tex. Natural Resources Code Sec. 32.107. NOTICE OF SALE, LEASE, AND CONTRACT FOR DEVELOPMENT.

  37. Tex. Natural Resources Code Sec. 32.1071. LEASE SALES.

  38. Tex. Natural Resources Code Sec. 32.1072. MINIMUM ROYALTY, BONUS, AND RENTAL. The board may not accept a bid on an oil and gas lease that offers:

  39. Tex. Natural Resources Code Sec. 32.1073. FIXING ROYALTY, BONUS, AND RENTAL. In offering land for lease under this subchapter, the board may:

  40. Tex. Natural Resources Code Sec. 32.109. ACCEPTANCE AND REJECTION OF BIDS.

  41. Tex. Natural Resources Code Sec. 32.110. SPECIAL SALE FEE.

  42. Tex. Natural Resources Code Sec. 32.111. ISSUANCE OF AWARD OR LEASE. Each award or lease shall be issued by the commissioner according to the minutes approved by the board.

  43. Tex. Natural Resources Code Sec. 32.112. SALE OF TAX FORECLOSURE PROPERTY.

  44. Tex. Natural Resources Code Sec. 32.113. EXEMPTION FROM CERTAIN REAL ESTATE TRANSACTION LAWS.

  45. Tex. Natural Resources Code Sec. 32.151. TERM OF LEASE. Each oil and gas lease shall be for a primary term not to exceed 10 years and for as long thereafter as oil or gas is produced in paying quantities.

  46. Tex. Natural Resources Code Sec. 32.152. ASSIGNMENT AND TRANSFER. A lessee may transfer or assign his lease at any time in the manner provided by Section 52.026 of this code.

  47. Tex. Natural Resources Code Sec. 32.153. LEASE RELINQUISHMENT. A lessee may relinquish his lease to the state at any time in the manner provided by Section 52.027 of this code.

  48. Tex. Natural Resources Code Sec. 32.154. LEASES SUBJECT TO LAWS, ORDERS, AND RULES. Drilling or mining operations for oil, gas, or other minerals and the production of oil, gas, or other minerals under a lease issued under this chapter are subject to:

  49. Tex. Natural Resources Code Sec. 32.155. RENTAL AND ROYALTY PAYMENTS.

  50. Tex. Natural Resources Code Sec. 32.156. FORFEITURE. Each lease is subject to forfeiture by the commissioner under the conditions and in the manner provided by Section 52.176 of this code.

  51. Tex. Natural Resources Code Sec. 32.157. SPECIAL ACCOUNTS.

  52. Tex. Natural Resources Code Sec. 32.201. PREFERENTIAL RIGHT TO LEASE CERTAIN LAND BY ADJOINING MINERAL OWNER; ALLOCATION AND USE OF PAYMENTS RECEIVED FROM LEASING OF LAND OWNED FOR COUNTY ROAD.

  53. Tex. Natural Resources Code Sec. 32.2015. FUND.

  54. Tex. Natural Resources Code Sec. 32.202. POOLING. Any oil and gas lease offered under Sec. 32.201 of this code shall provide:

  55. Tex. Natural Resources Code Sec. 32.203. COMPENSATORY ROYALTY. Compensatory royalty shall be paid to the state on any lease offered and granted under Section 32.201 of this code if the lease is not being held by production on the tract, by production from a pooled unit, or by payment of shut-in royalties in accordance with the terms of the lease, and if oil or gas is sold and delivered in paying quantities from a well located within 2,500 feet of the leased premises and completed in a producible reservoir underlying the state lease or in any case in which drainage is occurring. Such compensatory royalty shall be paid at the royalty rate provided in the state lease based on the value of production from the well as provided in the lease on which such well is located. The compensatory royalty shall be paid in the same proportion that the acreage of the state lease has to the acreage of the state lease plus the acreage of a standard proration unit under statewide field rules or, if applicable, the special field rules adopted by the Railroad Commission of Texas for the field in which the well has been completed. The compensatory royalty is to be paid monthly to the commissioner on or before the last day of the month next succeeding the month in which the oil or gas is sold and delivered from the well. Notwithstanding anything herein to the contrary, compensatory royalty payable under this section shall be no less than an amount equal to double the annual rental payable under the state lease. Payment of compensatory royalty shall maintain the state lease in force and effect for so long as such payments are made as provided in this section.

  56. Tex. Natural Resources Code Sec. 32.204. LEASE PROVISIONS. Any lease offered under Section 32.201 of this code shall contain a sufficient description of the land to be leased to enable the tract to be located on the ground. All other terms and conditions of the lease shall be identical to those contained in the lease covering such adjacent land, provided the terms and conditions are not inconsistent with any laws of this state. In the event there is more than one lease covering such land, the terms and conditions of the lease shall be no less favorable to the state than the most favorable of such leases. In those instances where the adjoining land is not covered by an existing oil and gas lease, all other terms and conditions of the lease shall be set by the board.

  57. Tex. Natural Resources Code Sec. 32.205. RULES. The board may adopt rules to carry out the provisions of this chapter.

  58. Tex. Natural Resources Code Sec. 32.206. RATIFICATIONS AND OTHER AGREEMENTS.

  59. Tex. Natural Resources Code Sec. 32.207. ADVERTISING FOR BIDS; POOLING. Section 52.076 applies to oil and gas under land owned by this state that was acquired to construct or maintain a highway, road, street, or alley in the same manner as that section applies to oil and gas under a riverbed or channel.

  60. Tex. Natural Resources Code Sec. 32.251. AUTHORITY OF BOARD, IN CONJUNCTION WITH LAND OFFICE, TO TRADE LAND. The Board, in conjunction with the land office, may trade fee and lesser interests in land dedicated to the permanent school fund for fee and lesser interests in land not dedicated to that fund if the board and the commissioner determine that the trade is in the best public interest of the people of this state.

  61. Tex. Natural Resources Code Sec. 32.252. AUTHORITY OF STATE AGENCY OR POLITICAL SUBDIVISION TO SELL OR EXCHANGE REAL PROPERTY.

  62. Tex. Natural Resources Code Sec. 32.253. PURPOSE OF TRADE. Land dedicated to or acquired for the use and benefit of the permanent school fund may be traded to:

  63. Tex. Natural Resources Code Sec. 32.255. DEED REQUIRED.

  64. Tex. Natural Resources Code Sec. 32.256. DEDICATION OF ACQUIRED LAND TO FUND. Land acquired by the board by trade under this subchapter is dedicated to the permanent school fund.

  65. Tex. Natural Resources Code Sec. 32.257. SUBSURFACE MINERAL RIGHTS.

  66. Tex. Natural Resources Code Sec. 32.258. REPORT TO LEGISLATURE.

Chapter 33

  1. Tex. Natural Resources Code Sec. 33.001. POLICY.

  2. Tex. Natural Resources Code Sec. 33.002. PURPOSE. The purpose of this chapter is to implement the policies stated in Section 33.001 by delegating to the board, assisted by the appropriate staff of the land office, certain responsibilities and duties with respect to the management of the surface estate in coastal public land.

  3. Tex. Natural Resources Code Sec. 33.003. SHORT TITLE. This chapter may be cited as the Coastal Public Lands Management Act of 1973.

  4. Tex. Natural Resources Code Sec. 33.004. DEFINITIONS. In this chapter:

  5. Tex. Natural Resources Code Sec. 33.005. EFFECT OF CHAPTER.

  6. Tex. Natural Resources Code Sec. 33.011. BOARD TO ADMINISTER, IMPLEMENT, AND ENFORCE CHAPTER. The board is the executive agency of the state charged with the administration, implementation, and enforcement of this chapter.

  7. Tex. Natural Resources Code Sec. 33.012. LAND OFFICE TO ASSIST BOARD. The appropriate staff of the land office shall assist the board in the discharge of its responsibilities and duties under this chapter.

  8. Tex. Natural Resources Code Sec. 33.013. ADDITIONAL PERSONNEL. The commissioner may employ any additional personnel in the land office that may be necessary for the board to perform effectively its functions under this chapter.

  9. Tex. Natural Resources Code Sec. 33.015. SPECIAL ACCOUNT.

  10. Tex. Natural Resources Code Sec. 33.016. DISPOSITION OF OTHER FUNDS. Money received by the board for the grant of any interest not under Section 33.015 of this code shall be deposited in the State Treasury to the credit of the permanent school fund.

  11. Tex. Natural Resources Code Sec. 33.051. GENERAL DUTY. The board, the commissioner, the land office, and the network shall perform the duties provided in this subchapter.

  12. Tex. Natural Resources Code Sec. 33.052. DEVELOPMENT OF COASTAL MANAGEMENT PROGRAM.

  13. Tex. Natural Resources Code Sec. 33.053. ELEMENTS OF COASTAL MANAGEMENT PROGRAM.

  14. Tex. Natural Resources Code Sec. 33.054. REVIEW AND AMENDMENT OF MANAGEMENT PROGRAM. The commissioner may review the management program periodically and may amend the management program as new information or changed conditions may warrant.

  15. Tex. Natural Resources Code Sec. 33.055. PUBLIC HEARINGS TO CONSIDER COASTAL MANAGEMENT PROGRAM. In developing, reviewing, or amending the coastal management program, after due notice to affected persons and the public generally, the commissioner shall hold or have held public hearings as the commissioner determines to be appropriate.

  16. Tex. Natural Resources Code Sec. 33.056. STRUCTURES ON LAND ADJACENT TO COASTAL PUBLIC LAND.

  17. Tex. Natural Resources Code Sec. 33.057. GIFTS OF INTERESTS IN LAND.

  18. Tex. Natural Resources Code Sec. 33.058. PURCHASE OF FEE AND LESSER INTERESTS IN LAND.

  19. Tex. Natural Resources Code Sec. 33.059. STUDIES. The board may study various coastal engineering problems, including the protection of the shoreline against erosion, the design and use of piers, groins, seawalls, and jetties, and the effects of various structures, works, and improvements on the physical and biological systems of the coastal public land.

  20. Tex. Natural Resources Code Sec. 33.060. LOCATING AND MARKING BOUNDARIES. The board may locate and have marked on the ground the boundaries separating coastal public land from other land.

  21. Tex. Natural Resources Code Sec. 33.061. COMPLAINTS.

  22. Tex. Natural Resources Code Sec. 33.062. DESIGNATED OFFICIAL REPRESENTATIVE. The board is designated and shall serve as the official representative of the governor of the state to conduct with the federal government any business concerning any matter affecting the coastal public land which arises out of the exercise by the federal government of any authority it may have over navigable water under the Constitution of the United States.

  23. Tex. Natural Resources Code Sec. 33.063. FEES. The board may prescribe reasonable filing fees and fees for granting leases, easements, permits, and other interests in or rights to use coastal public land.

  24. Tex. Natural Resources Code Sec. 33.064. RULES. The board may adopt procedural and substantive rules which it considers necessary to administer, implement, and enforce this chapter.

  25. Tex. Natural Resources Code Sec. 33.065. TEXAS COASTAL OCEAN OBSERVATION NETWORK.

  26. Tex. Natural Resources Code Sec. 33.101. APPLICATION TO ACQUIRE RIGHTS IN COASTAL PUBLIC LAND. Any person who desires to acquire rights in the surface estate in any coastal public land shall make application to the board in writing in the form prescribed by the board.

  27. Tex. Natural Resources Code Sec. 33.102. CONTENTS OF APPLICATION. The application to acquire rights in coastal public land shall include any information the board considers necessary to process the application, including information necessary to evaluate the purpose for which the land is to be used.

  28. Tex. Natural Resources Code Sec. 33.103. INTERESTS WHICH MAY BE GRANTED BY THE BOARD.

  29. Tex. Natural Resources Code Sec. 33.104. DETERMINATION OF TERMS OF GRANT; CONSUMMATION OF TRANSACTION. If the board approves the application, the board shall determine the terms, conditions, and consideration for the grant of an interest in or right to use coastal public land and may consummate the transaction.

  30. Tex. Natural Resources Code Sec. 33.105. PERSONS TO WHOM INTEREST IN LAND MAY BE GRANTED. The board may grant to any person an interest in coastal public land if the board determines that the grant is in the best interest of the state.

  31. Tex. Natural Resources Code Sec. 33.106. POLICIES, PROVISIONS, AND CONDITIONS OF LEASES. In addition to policies generally applicable under this chapter, leases granted under this subchapter shall be subject to the policies, provisions, and conditions stated in Sections 33.107 through 33.110 of this code.

  32. Tex. Natural Resources Code Sec. 33.107. PROTECTION OF RIGHTS. The littoral rights of the adjacent upland owner shall be protected in a lease.

  33. Tex. Natural Resources Code Sec. 33.108. RIGHTS OF THE PUBLIC. Members of the public may not be excluded from coastal public land leased for public recreational purposes or from an estuarine preserve.

  34. Tex. Natural Resources Code Sec. 33.109. COUNTIES AND CITIES ELIGIBLE TO LEASE COASTAL PUBLIC LAND.

  35. Tex. Natural Resources Code Sec. 33.110. CONTRACTS AND FRANCHISES.

  36. Tex. Natural Resources Code Sec. 33.111. GRANTING EASEMENTS.

  37. Tex. Natural Resources Code Sec. 33.112. FAILURE TO OBTAIN AN EASEMENT.

  38. Tex. Natural Resources Code Sec. 33.113. INTERPRETATION OF EASEMENT GRANT. The grant of an easement under Section 33.111 of this code and the waiver under Section 33.115 of this code shall not be construed as recognition of a right existing in the littoral owner incident to the ownership of littoral property.

  39. Tex. Natural Resources Code Sec. 33.114. POLICIES, PROVISIONS, AND CONDITIONS OF EASEMENTS. In addition to the policies, provisions, and conditions generally applicable in this chapter, each grant of an easement is subject to the policies, provisions, and conditions of Sections 33.115 and 33.117 of this code.

  40. Tex. Natural Resources Code Sec. 33.115. PIERS.

  41. Tex. Natural Resources Code Sec. 33.116. FAILURE TO REGISTER PIER. Any owner of littoral property who fails to register the location and dimensions of the pier which is authorized to be constructed under Section 33.115 of this code is subject to a civil penalty of not more than $200.

  42. Tex. Natural Resources Code Sec. 33.117. PUBLIC POLICY OF STATE TO BE CONSIDERED. In administering Sections 33.111 through 33.115 of this code, the board shall consider the public policy of the state that the orderly use of privately owned littoral property in a manner consistent with the public policy of the state will not be impaired.

  43. Tex. Natural Resources Code Sec. 33.118. SINGLE PERMIT. If the activity for which the easement is sought requires the littoral owner to seek one or more permits from any other agency or department of state government, the board may agree with the agency or department to issue a single document incorporating all rights and privileges of the applicant.

  44. Tex. Natural Resources Code Sec. 33.119. ISSUANCE OF PERMITS. The board may issue permits authorizing limited continued use of previously unauthorized structures on coastal public land if the use is sought by one who is claiming an interest in the structure but is not incident to the ownership of littoral property.

  45. Tex. Natural Resources Code Sec. 33.120. FAILURE TO OBTAIN A PERMIT. A person who maintains, uses, or repairs any structure for which a permit is required under Section 33.119 of this code without first obtaining a permit from the board is subject to a civil penalty of not less than $50 nor more than $1,000.

  46. Tex. Natural Resources Code Sec. 33.121. UNAUTHORIZED STRUCTURES. Any person who constructs, fixes, or places on coastal public land any unauthorized structure for purposes not connected with ownership of littoral property is subject to a civil penalty of not less than $50 nor more than $1,000.

  47. Tex. Natural Resources Code Sec. 33.122. EXCEPTION TO PERMIT REQUIREMENT. No permit may be required for structures, excavations, or other similar structures as long as they are located wholly on the private littoral upland, even though the activities may result in the area being inundated by public water.

  48. Tex. Natural Resources Code Sec. 33.123. POLICIES, PROVISIONS, AND CONDITIONS OF PERMITS. In addition to the policies, provisions, and conditions generally applicable in this chapter, each grant of a permit is subject to the policies, provisions, and conditions of Sections 33.120 through 33.122 and 33.124 through 33.126 of this code.

  49. Tex. Natural Resources Code Sec. 33.124. PERMITS PROHIBITED FOR CERTAIN STRUCTURES. The board may not grant a permit which authorizes the continued use of a structure located within 1,000 feet of privately owned littoral residential property, without written consent of the littoral owner.

  50. Tex. Natural Resources Code Sec. 33.125. AUTOMATIC REVOCATION AND TERMINATION OF A PERMIT. A permit that authorizes the continued use of a previously unauthorized structure on coastal public land is considered automatically revoked and terminated if the coastal public land on which the structure is located is:

  51. Tex. Natural Resources Code Sec. 33.126. TERMINATION OF PERMIT BY BOARD. Each permit shall provide that if the terms of the permit are broken, the permit may be terminated at the option of the board.

  52. Tex. Natural Resources Code Sec. 33.127. TERMS AND RENEWAL OF PERMITS. Permits may be issued for a period of not more than five years and may be renewed at the discretion of the board.

  53. Tex. Natural Resources Code Sec. 33.128. USE OF PREVIOUSLY UNAUTHORIZED STRUCTURES. Previously unauthorized structures for which permits are obtained may be used only for noncommercial, recreational purposes.

  54. Tex. Natural Resources Code Sec. 33.129. PROHIBITIONS ON THE GRANT OF PERMITS. The board may not grant an application for a permit which would violate the public policy of this state as expressed in this chapter and may not grant a permit for any structure not in existence on August 27, 1973.

  55. Tex. Natural Resources Code Sec. 33.130. REPAIRS AND REBUILDING. If a structure for which a permit is issued is severely damaged or destroyed by any means, no major repairs or rebuilding may be undertaken by the permit holder without the approval of the board.

  56. Tex. Natural Resources Code Sec. 33.131. STRUCTURES AS PROPERTY OF THE STATE. A structure presently existing or to be constructed in the future for which a permit is required under Section 33.119 of this code is the property of the state. Any construction, maintenance, or use of the structure other than as provided in this subchapter is declared to be a nuisance per se and is expressly prohibited.

  57. Tex. Natural Resources Code Sec. 33.132. REGISTRATION BY BOARD.

  58. Tex. Natural Resources Code Sec. 33.133. REMEDIES CUMULATIVE. Remedies provided in this subchapter are cumulative of all other remedies which may be applicable, including those remedies arising from the power of a court to enforce its jurisdiction and its judgments.

  59. Tex. Natural Resources Code Sec. 33.134. USE AND DEVELOPMENT OF LAND BY LITTORAL OWNER. None of the provisions of this chapter shall prevent the littoral owner of property from developing or otherwise using his property in a lawful manner, and this chapter shall not be construed to confer on the board the authority to regulate, control, or restrict the use or development of the property.

  60. Tex. Natural Resources Code Sec. 33.135. NOTICE TO PURCHASER OR GRANTEE OF COASTAL AREA PROPERTY.

  61. Tex. Natural Resources Code Sec. 33.136. PROPERTY RIGHTS: PRESERVATION OF LITTORAL RIGHTS.

  62. Tex. Natural Resources Code Sec. 33.171. ENFORCEMENT OF RIGHTS OF LITTORAL OWNERS.

  63. Tex. Natural Resources Code Sec. 33.172. VENUE. Unless expressly waived in writing by the attorney general, venue lies in Travis County in any proceeding:

  64. Tex. Natural Resources Code Sec. 33.173. RIGHT TO APPEAL. Any interested party who is aggrieved by an action of the board under this chapter may appeal the action by filing a petition in a district court in Travis County.

  65. Tex. Natural Resources Code Sec. 33.174. TIME FOR FILING PETITION. The petition for the appeal must be filed within 30 days after the date of the final action of the board or 30 days after the effective date of the action, whichever is the later date.

  66. Tex. Natural Resources Code Sec. 33.175. SERVICE OF CITATION. Service of citation on the board may be accomplished by serving the commissioner.

  67. Tex. Natural Resources Code Sec. 33.176. ISSUE ON APPEAL. In an appeal of a board action, the issue is whether the action is invalid, arbitrary, or unreasonable.

  68. Tex. Natural Resources Code Sec. 33.201. SHORT TITLE. This subchapter may be cited as the Coastal Coordination Act.

  69. Tex. Natural Resources Code Sec. 33.202. POLICY.

  70. Tex. Natural Resources Code Sec. 33.203. DEFINITIONS. In this subchapter:

  71. Tex. Natural Resources Code Sec. 33.204. ADMINISTRATION OF COASTAL MANAGEMENT PROGRAM.

  72. Tex. Natural Resources Code Sec. 33.2041. COASTAL COORDINATION ADVISORY COMMITTEE.

  73. Tex. Natural Resources Code Sec. 33.205. CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM; COMMISSIONER REVIEW.

  74. Tex. Natural Resources Code Sec. 33.2051. AGENCY RULEMAKING ACTIONS.

  75. Tex. Natural Resources Code Sec. 33.2052. CERTIFICATION OF AGENCY RULES; AGENCY ACTIONS CONSIDERED CONSISTENT.

  76. Tex. Natural Resources Code Sec. 33.2053. INDIVIDUAL AGENCY OR SUBDIVISION ACTIONS.

  77. Tex. Natural Resources Code Sec. 33.206. ACTION BY COMMISSIONER OR ATTORNEY GENERAL.

  78. Tex. Natural Resources Code Sec. 33.207. COMMISSIONER RECOMMENDATIONS. In addition to the report required by Section 33.206, the commissioner:

  79. Tex. Natural Resources Code Sec. 33.208. ENFORCEMENT.

  80. Tex. Natural Resources Code Sec. 33.209. PROHIBITION ON SPECIAL AREA MANAGEMENT PLANS. The land office may not develop or approve a special area management plan, including a plan for an area designated under the national estuary program.

  81. Tex. Natural Resources Code Sec. 33.210. PRIVATE PROPERTY. The requirements of this subchapter may not be applied in a manner that would result in the taking, damage, or destruction of property without adequate compensation.

  82. Tex. Natural Resources Code Sec. 33.231. SHORT TITLE. This subchapter may be cited as the Coastal Wetland Acquisition Act.

  83. Tex. Natural Resources Code Sec. 33.232. POLICY. It is the declared policy of the state:

  84. Tex. Natural Resources Code Sec. 33.233. DEFINITIONS. In this subchapter:

  85. Tex. Natural Resources Code Sec. 33.234. DUTIES AND AUTHORITY OF ACQUIRING AGENCY.

  86. Tex. Natural Resources Code Sec. 33.235. AGRICULTURAL EXEMPTION. Coastal wetland used only for farming or ranching activities, including maintenance and repair of buildings, earthworks, and other structures, shall not be subject to any power of condemnation exercised pursuant to this subchapter. However, this exemption from condemnation shall terminate upon the receipt by any state or federal agency of an application for a permit, license, or other authorization to conduct on the wetland, activities other than farming and ranching activities, including irrigation and water well drilling, and activities necessary to exploration, development, or production of the underlying mineral estate.

  87. Tex. Natural Resources Code Sec. 33.236. DUTIES AND AUTHORITY TO CERTIFY.

  88. Tex. Natural Resources Code Sec. 33.237. MOST ESSENTIAL COASTAL WETLAND CERTIFICATION.

  89. Tex. Natural Resources Code Sec. 33.238. FUNDING. The acquiring agency may compensate the seller of land acquired pursuant to this subchapter with funds obtained through:

  90. Tex. Natural Resources Code Sec. 33.601. DEFINITIONS. In this subchapter:

  91. Tex. Natural Resources Code Sec. 33.602. COASTAL EROSION DUTIES AND AUTHORITY.

  92. Tex. Natural Resources Code Sec. 33.603. COASTAL EROSION STUDIES AND PROJECTS.

  93. Tex. Natural Resources Code Sec. 33.604. COASTAL EROSION RESPONSE ACCOUNT.

  94. Tex. Natural Resources Code Sec. 33.605. USES OF ACCOUNT.

  95. Tex. Natural Resources Code Sec. 33.606. GRANTS AND GIFTS. The commissioner may apply for, request, solicit, contract for, receive, and accept gifts, grants, donations, and other assistance from any source to carry out the powers and duties provided by this subchapter.

  96. Tex. Natural Resources Code Sec. 33.607. COASTAL EROSION PUBLIC AWARENESS AND EDUCATION; LOCAL GOVERNMENT PLANNING AND REGULATION.

  97. Tex. Natural Resources Code Sec. 33.608. REPORT TO LEGISLATURE. Each biennium, the commissioner shall submit to the legislature a report listing:

  98. Tex. Natural Resources Code Sec. 33.609. LANDOWNER CONSENT.

  99. Tex. Natural Resources Code Sec. 33.610. REMOVAL OF SUBMERGED LAND FROM APPRAISAL AND TAX ROLLS.

  100. Tex. Natural Resources Code Sec. 33.611. IMMUNITY.

  101. Tex. Natural Resources Code Sec. 33.612. JUDICIAL REVIEW.

  102. Tex. Natural Resources Code Sec. 33.613. CLOSURE OR MODIFICATION OF CERTAIN MAN-MADE PASSES.

  103. Tex. Natural Resources Code Sec. 33.651. DEFINITIONS. In this subchapter:

  104. Tex. Natural Resources Code Sec. 33.652. APPLICABILITY OF SUBCHAPTER TO CERTAIN MUNICIPALITIES. The provisions of this subchapter relating to coastal counties apply to a municipality if all or substantially all of the gulf beach within a coastal county is located within the boundaries of the municipality.

  105. Tex. Natural Resources Code Sec. 33.653. CREATION OF COASTAL PROTECTION AND IMPROVEMENT FUND.

  106. Tex. Natural Resources Code Sec. 33.654. USE OF COASTAL PROTECTION AND IMPROVEMENT FUND.

  107. Tex. Natural Resources Code Sec. 33.655. COUNTY COASTAL PROTECTION AND IMPROVEMENT FUND.

  108. Tex. Natural Resources Code Sec. 33.656. PROJECTS THAT QUALIFY FOR FUNDING. To qualify for funding under this subchapter, a project must:

  109. Tex. Natural Resources Code Sec. 33.657. QUALIFIED AGREEMENT.

  110. Tex. Natural Resources Code Sec. 33.658. QUALIFIED PAYMENT.

  111. Tex. Natural Resources Code Sec. 33.659. GENERAL POWERS OF COASTAL COUNTIES.

  112. Tex. Natural Resources Code Sec. 33.660. AUTHORITY TO CONTRACT.

  113. Tex. Natural Resources Code Sec. 33.661. FUNDS AVAILABLE FOR QUALIFIED PROJECTS.

  114. Tex. Natural Resources Code Sec. 33.662. BONDS ELIGIBLE FOR PURCHASE. Bonds issued by a coastal county under this subchapter may be purchased by the Texas Water Development Board for purposes authorized by Chapter 17, Water Code.

  115. Tex. Natural Resources Code Sec. 33.663. CONSTRUCTION OF SUBCHAPTER. This subchapter shall be liberally construed to accomplish the purposes of mitigation of coastal erosion and improvement of public access to public beaches.

Chapter 34

  1. Tex. Natural Resources Code Sec. 34.001. DEFINITIONS. In this chapter:

  2. Tex. Natural Resources Code Sec. 34.002. APPLICATION OF CHAPTER.

  3. Tex. Natural Resources Code Sec. 34.011. BOARDS FOR LEASE. Boards for lease are created to lease land owned by the Texas Parks and Wildlife Department and the Texas Department of Criminal Justice.

  4. Tex. Natural Resources Code Sec. 34.012. TITLE OF BOARD. The title of each board shall be selected by each board for lease at its first meeting.

  5. Tex. Natural Resources Code Sec. 34.013. MEMBERS OF BOARD.

  6. Tex. Natural Resources Code Sec. 34.0131. APPOINTMENTS WITHOUT DISCRIMINATION. Appointments to the board shall be made without regard to the race, color, handicap, sex, religion, age, or national origin of the appointees.

  7. Tex. Natural Resources Code Sec. 34.0132. DISQUALIFICATION OF LOBBYISTS. A person who is required to register as a lobbyist under Chapter 305 of the Government Code, by virtue of his activities for compensation in or on behalf of a profession related to the operation of the board, may not serve as a member of the board or act as the general counsel to the board.

  8. Tex. Natural Resources Code Sec. 34.0133. CONFLICTS OF INTEREST PROHIBITED. An officer, employee, or paid consultant of a statewide or national trade association in the oil and gas or mining industry may not be a member or employee of the board, nor may a person who cohabits with or is the spouse of an officer, managerial employee, or paid consultant of a statewide or national trade association in the oil and gas or mining industry be a member of the board or an employee of the board grade 17 and over, including exempt employees, according to the position classification schedule under the General Appropriations Act.

  9. Tex. Natural Resources Code Sec. 34.0134. REMOVAL OF BOARD MEMBER.

  10. Tex. Natural Resources Code Sec. 34.0135. POLICIES ON PUBLIC HEARINGS. The board shall develop and implement policies that will provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.

  11. Tex. Natural Resources Code Sec. 34.014. OFFICERS OF BOARD.

  12. Tex. Natural Resources Code Sec. 34.015. QUORUM. A majority of a board constitutes a quorum for the transaction of business.

  13. Tex. Natural Resources Code Sec. 34.016. RECORDS OF BOARD. A board shall keep a complete record of all of its proceedings.

  14. Tex. Natural Resources Code Sec. 34.017. SPECIAL MINERAL FUNDS. Special funds are created in the State Treasury to be known as the "(appropriate department, board, or agency) special mineral fund."

  15. Tex. Natural Resources Code Sec. 34.018. DEPOSIT OF RECEIPTS. Amounts received under the provisions of this chapter shall be deposited in the State Treasury to the credit of the appropriate special account, with the exception that all money received under the provisions of this chapter enuring to the benefit of the Parks and Wildlife Department from land held by the department for game and fish conservation, protection, and management purposes shall be deposited in the State Treasury to the credit of the game, fish, and water safety account, and all money received under the provisions of this chapter enuring to the benefit of the Parks and Wildlife Department from park, recreation, and historic land shall be deposited in the State Treasury to the credit of the state parks account.

  16. Tex. Natural Resources Code Sec. 34.019. EXPENDITURES.

  17. Tex. Natural Resources Code Sec. 34.0192. AUDIT. The financial transactions of the board are subject to audit by the state auditor in accordance with Chapter 321, Government Code.

  18. Tex. Natural Resources Code Sec. 34.020. FILING IN GENERAL LAND OFFICE. All surveys, files, records, abstracts of title, copies of sale and lease contracts, and all other records pertaining to sales and leases authorized under the provisions of this chapter shall be filed in the land office and constitute archives.

  19. Tex. Natural Resources Code Sec. 34.051. LAND SUBJECT TO LEASE. Land owned by or held in trust for the use and benefit of either agency may be leased by the appropriate board to any person under the provisions of this chapter for the purpose of prospecting or exploring for and mining, producing, storing, caring for, transporting, preserving, selling, and disposing of the oil, gas, or other minerals.

  20. Tex. Natural Resources Code Sec. 34.052. SUBDIVISION OF LAND. A board may have the land subject to its control surveyed or subdivided into tracts, lots, or blocks which will, in its judgment, be most conducive and convenient to facilitate the advantageous sale of oil, gas, or mineral leases.

  21. Tex. Natural Resources Code Sec. 34.053. MAPS AND PLATS. A board may make maps and plats it considers necessary to carry out the purposes of this chapter.

  22. Tex. Natural Resources Code Sec. 34.054. ABSTRACTS OF TITLE. A board may obtain authentic abstracts of title to the land subject to its control that it considers necessary and may take the necessary steps to perfect a marketable title to the land.

  23. Tex. Natural Resources Code Sec. 34.055. GEOLOGICAL SURVEYS AND INVESTIGATIONS. A board may issue a permit for geological, geophysical, and other surveys and investigations on land subject to lease by the board that is not under valid and existing leases and that will encourage the development of the land for oil, gas, or other minerals. A permit may be issued for a consideration and under terms and conditions which the board considers to be in the best interest of the state.

  24. Tex. Natural Resources Code Sec. 34.056. PLACING LEASE ON MARKET. If a board determines there is a demand for the purchase of oil, gas, or mineral leases on a lot or tract of land subject to the control of the board which will reasonably insure an advantageous sale, the board shall place the oil, gas, or mineral leases on the market in the tract or tracts which the board may designate.

  25. Tex. Natural Resources Code Sec. 34.057. LEASE PROVISIONS.

  26. Tex. Natural Resources Code Sec. 34.064. EASEMENTS.

  27. Tex. Natural Resources Code Sec. 34.065. RULES. A board may adopt rules and collect fees necessary for the implementation of this chapter.

Chapter 40

  1. Tex. Natural Resources Code Sec. 40.001. SHORT TITLE. This chapter may be cited as the Oil Spill Prevention and Response Act of 1991.

  2. Tex. Natural Resources Code Sec. 40.002. POLICY.

  3. Tex. Natural Resources Code Sec. 40.003. DEFINITIONS. In this chapter:

  4. Tex. Natural Resources Code Sec. 40.004. ADMINISTRATION OF OIL SPILL RESPONSE AND CLEANUP.

  5. Tex. Natural Resources Code Sec. 40.005. ADMINISTRATION OF HAZARDOUS SUBSTANCE SPILL RESPONSE AND CLEANUP. The General Land Office, under the direction and control of the commissioner, is the state's lead agency for initiating response to all actual or threatened unauthorized discharges of oil. In the event of an unauthorized discharge of a hazardous substance, nothing in this chapter shall preclude the Texas Commission on Environmental Quality from at the earliest time practicable assuming response and cleanup duties pursuant to Subchapter G, Chapter 26, Water Code.

  6. Tex. Natural Resources Code Sec. 40.007. GENERAL POWERS AND DUTIES.

  7. Tex. Natural Resources Code Sec. 40.008. RAILROAD COMMISSION AUTHORITY. The Railroad Commission of Texas shall continue to exercise its authority pursuant to Section 91.101 of this code and Section 26.131, Water Code, to issue and enforce rules, permits, and orders to prevent pollution of surface and subsurface waters in the state by activities associated with the exploration, development, or production of oil, gas, or geothermal resources, including the transportation of oil or gas by pipeline. Nothing in this chapter preempts the jurisdiction of the Railroad Commission of Texas under Subchapter E, Chapter 121, Utilities Code, and Chapter 117, Natural Resources Code, over pipeline transportation of gas and hazardous liquids and over gas and hazardous liquid pipeline facilities.

  8. Tex. Natural Resources Code Sec. 40.051. NOTIFICATION. On notification of an actual or threatened unauthorized discharge of oil, the commissioner shall act to assess the discharge and prevent, abate, or contain any pollution from the discharge.

  9. Tex. Natural Resources Code Sec. 40.052. HAZARDOUS SUBSTANCES DISCHARGES. If the unauthorized discharge involves predominantly a hazardous substance, the Texas Commission on Environmental Quality shall carry out responsibility for abatement, containment, removal, and cleanup of the hazardous substances discharged, pursuant to Subchapter G, Chapter 26, Water Code.

  10. Tex. Natural Resources Code Sec. 40.101. NOTIFICATION AND RESPONSE.

  11. Tex. Natural Resources Code Sec. 40.102. RESPONSE COORDINATION.

  12. Tex. Natural Resources Code Sec. 40.103. ASSISTANCE AND COMPENSATION.

  13. Tex. Natural Resources Code Sec. 40.104. QUALIFIED IMMUNITY FOR RESPONSE ACTIONS.

  14. Tex. Natural Resources Code Sec. 40.105. EQUIPMENT AND PERSONNEL. The commissioner may establish and maintain equipment and trained personnel at places the commissioner determines may be necessary to facilitate response operations.

  15. Tex. Natural Resources Code Sec. 40.106. REFUSAL TO COOPERATE.

  16. Tex. Natural Resources Code Sec. 40.107. NATURAL RESOURCES DAMAGES.

  17. Tex. Natural Resources Code Sec. 40.108. DERELICT VESSELS AND STRUCTURES.

  18. Tex. Natural Resources Code Sec. 40.109. REGISTRATION OF TERMINAL FACILITIES.

  19. Tex. Natural Resources Code Sec. 40.110. GENERAL TERMS.

  20. Tex. Natural Resources Code Sec. 40.111. INFORMATION. Each applicant for a discharge prevention and response certificate shall submit information, in a form satisfactory to the commissioner, describing the following:

  21. Tex. Natural Resources Code Sec. 40.112. ISSUANCE. On compliance with Sections 40.109 through 40.111, the commissioner shall issue the applicant a discharge prevention and response certificate covering the terminal facility.

  22. Tex. Natural Resources Code Sec. 40.113. SUSPENSION. If the commissioner determines that a registrant does not have a discharge prevention and response plan or that the registrant's preventive measures or containment and cleanup capabilities are inadequate, the commissioner may, after notice and hearing as provided in Section 40.254 of this code, suspend the registrant's certificate until such time as the registrant complies with the requirements of this chapter.

  23. Tex. Natural Resources Code Sec. 40.114. CONTINGENCY PLANS FOR VESSELS.

  24. Tex. Natural Resources Code Sec. 40.116. AUDITS, INSPECTIONS, AND DRILLS. The commissioner may subject a vessel subject to Section 40.114 of this code or a terminal facility to an announced or unannounced audit, inspection, or drill to determine the discharge prevention and response capabilities of the terminal facility or vessels. Any vessel drill conducted by the commissioner shall be in cooperation and conjunction with the United States Coast Guard, and the commissioner's participation may not interfere with the schedule of the vessel.

  25. Tex. Natural Resources Code Sec. 40.117. REGULATIONS.

  26. Tex. Natural Resources Code Sec. 40.151. COASTAL PROTECTION FUND.

  27. Tex. Natural Resources Code Sec. 40.152. USE OF FUND.

  28. Tex. Natural Resources Code Sec. 40.153. REIMBURSEMENT OF FUND. The commissioner shall recover to the use of the fund, either from persons responsible for the unauthorized discharge or otherwise liable or from the federal fund, jointly and severally, all sums owed to or expended from the fund. This section does not apply to sums expended under Section 40.152(a)(9).

  29. Tex. Natural Resources Code Sec. 40.154. COASTAL PROTECTION FEE; ADMINISTRATIVE COSTS.

  30. Tex. Natural Resources Code Sec. 40.155. DETERMINATION OF FEE.

  31. Tex. Natural Resources Code Sec. 40.156. ADMINISTRATION OF FEE.

  32. Tex. Natural Resources Code Sec. 40.157. LIABILITY OF THE FUND.

  33. Tex. Natural Resources Code Sec. 40.158. EXCEPTIONS TO LIABILITY.

  34. Tex. Natural Resources Code Sec. 40.159. CLAIMS FROM DISCHARGES OF OIL.

  35. Tex. Natural Resources Code Sec. 40.160. PAYMENT OF AWARDS.

  36. Tex. Natural Resources Code Sec. 40.161. REIMBURSEMENT OF FUND.

  37. Tex. Natural Resources Code Sec. 40.162. AWARDS EXCEEDING FUND.

  38. Tex. Natural Resources Code Sec. 40.201. FINANCIAL RESPONSIBILITY.

  39. Tex. Natural Resources Code Sec. 40.202. RESPONSE COSTS AND DAMAGES LIABILITY.

  40. Tex. Natural Resources Code Sec. 40.203. LIABILITY FOR NATURAL RESOURCES DAMAGES.

  41. Tex. Natural Resources Code Sec. 40.204. DEFENSES. The only defense of a person responsible for an actual or threatened unauthorized discharge of oil shall be to plead and prove that the discharge resulted solely from any of the following or any combination of the following:

  42. Tex. Natural Resources Code Sec. 40.205. THIRD PARTIES. If a responsible person alleges a defense under Section 40.204(4) of this code, the responsible person shall pay all response costs and damages. The responsible person shall be subrogated to any rights or cause of action belonging to those to whom such payment is made.

  43. Tex. Natural Resources Code Sec. 40.251. PENALTIES.

  44. Tex. Natural Resources Code Sec. 40.252. ADMINISTRATIVE PENALTIES. The commissioner may assess administrative penalties for the violations and in the amounts established in Section 40.251 of this code. In determining the amount of penalties, the commissioner shall consider:

  45. Tex. Natural Resources Code Sec. 40.253. CUMULATIVE ENFORCEMENT. This subchapter is cumulative of all other applicable penalties, remedies, and enforcement and liability provisions.

  46. Tex. Natural Resources Code Sec. 40.254. ORDERS AND HEARINGS.

  47. Tex. Natural Resources Code Sec. 40.255. ACTIONS.

  48. Tex. Natural Resources Code Sec. 40.256. INDIVIDUAL CAUSE OF ACTION. The remedies in this chapter are cumulative and not exclusive. This chapter does not require pursuit of any claim against the fund as a condition precedent to any other remedy, nor does this chapter prohibit any person from bringing an action at common law or under any other law not inconsistent with this chapter for response costs or damages resulting from a discharge or other condition of pollution covered by this chapter. No such action shall collaterally estop or bar the commissioner in any action brought by the commissioner under this chapter.

  49. Tex. Natural Resources Code Sec. 40.257. VENUE.

  50. Tex. Natural Resources Code Sec. 40.258. FEDERAL LAW.

  51. Tex. Natural Resources Code Sec. 40.301. INTERSTATE COMPACTS. The commissioner may enter into compacts or agreements with other states consistent with and to further the purposes of this chapter. The commissioner may also participate in initiatives to develop multistate and international standards and cooperation on unauthorized discharge prevention and response.

  52. Tex. Natural Resources Code Sec. 40.302. INSTITUTIONS OF HIGHER EDUCATION. The commissioner by interagency contract shall enter into agreements with state institutions of higher education for research, testing, and development of oil discharge prevention and response technology, oil discharge response training, wildlife and natural resources rescue and rehabilitation, development of computer models to predict the movements and impacts of unauthorized discharges of oil, and other purposes consistent with and in furtherance of the purposes of this chapter. Contracts or agreements relating to wildlife and aquatic resources shall be made in coordination with the Parks and Wildlife Department. To the greatest extent possible, contracts shall be coordinated with studies being done by other state agencies, the federal government, or private industry to minimize duplication of efforts.

  53. Tex. Natural Resources Code Sec. 40.304. SMALL SPILL EDUCATION PROGRAM. The commissioner shall develop and conduct a voluntary spill prevention education program that targets small spills from commercial fishing vessels, offshore support vessels, ferries, cruise ships, ports, marinas, and recreational boats. The small spill education program shall illustrate ways to reduce oil contamination of bilge water, accidental spills of motor oil and hydraulic fluid during routine maintenance, and spills during refueling. The program shall illustrate proper disposal of oil and promote strategies to meet shoreside oil handling and disposal needs of targeted groups. The program shall include a series of training materials and workshops and the development of educational materials.

Chapter 51

  1. Tex. Natural Resources Code Sec. 51.001. DEFINITIONS. In this chapter:

  2. Tex. Natural Resources Code Sec. 51.011. MANAGEMENT OF PUBLIC SCHOOL LAND.

  3. Tex. Natural Resources Code Sec. 51.012. COMMISSIONER'S AUTHORITY. Subject to the authority of the board and to exceptions and restrictions that may be imposed by the constitution and laws of this state, the commissioner is vested with the authority necessary to carry out the provisions of this chapter relating to the sale and lease of public school land and to the protection of this land from free use and occupancy and from unlawful enclosure.

  4. Tex. Natural Resources Code Sec. 51.0125. LAND USED BY STATE AGENCY. Land that belongs to the permanent school fund as a result of having been deeded or given to the state and that has been used in the past by a state agency shall be first offered for sale or lease to state agencies before it can be sold or leased to any other party. No permanent school fund land may be used by a state agency without market value compensation to the permanent school fund.

  5. Tex. Natural Resources Code Sec. 51.013. CLASSIFICATION OF LAND.

  6. Tex. Natural Resources Code Sec. 51.014. RULES. The commissioner may adopt rules necessary to carry out the provisions of this chapter and may alter or amend the rules to protect the public interest.

  7. Tex. Natural Resources Code Sec. 51.015. FORMS. The commissioner shall adopt forms that are necessary or proper to transact business that he is required to transact and may request that the attorney general prepare the forms.

  8. Tex. Natural Resources Code Sec. 51.016. DUTIES OF THE ATTORNEY GENERAL. The attorney general shall furnish the commissioner with advice and legal assistance that may be required to execute the provisions of this chapter.

  9. Tex. Natural Resources Code Sec. 51.017. FURNISHING DATA TO TEXAS PERMANENT SCHOOL FUND CORPORATION. On request, the commissioner shall furnish to the Texas Permanent School Fund Corporation all available data.

  10. Tex. Natural Resources Code Sec. 51.018. RECORDS AND ACCOUNTS. The commissioner shall keep in his custody as records of his office each application, affidavit, obligation, and paper relating to the sale and lease of public school land and shall keep accurate accounts with each purchaser or lessee.

  11. Tex. Natural Resources Code Sec. 51.019. SPECIAL FEE. Each bidder on a mineral lease or land sale by the board shall remit by separate check a special sale fee in the amount and in the manner provided in Section 32.110 of this code.

  12. Tex. Natural Resources Code Sec. 51.020. REFUNDS.

  13. Tex. Natural Resources Code Sec. 51.051. SALE OF LAND. All sales of land described in Section 51.011 shall be made by or under the direction of the school land board.

  14. Tex. Natural Resources Code Sec. 51.052. CONDITIONS FOR SALE OF LAND.

  15. Tex. Natural Resources Code Sec. 51.054. RESERVATION OF MINERALS.

  16. Tex. Natural Resources Code Sec. 51.0551. LISTS OF PUBLIC LAND OFFERED FOR SALE: CRIMINAL PENALTIES.

  17. Tex. Natural Resources Code Sec. 51.056. APPLICATION OR REQUEST TO PURCHASE LAND. A person who wants to purchase public school land shall submit to the commissioner a written application or request in a form designated by the commissioner.

  18. Tex. Natural Resources Code Sec. 51.065. NOTICE AND RECORD OF SALE.

  19. Tex. Natural Resources Code Sec. 51.066. LAND AWARD.

  20. Tex. Natural Resources Code Sec. 51.067. INFORMATION REQUIRED WITH PAYMENTS. A person who is making a payment of principal, interest, or lease rental on land shall give the name of the original purchaser or lessee and shall sufficiently designate the land.

  21. Tex. Natural Resources Code Sec. 51.068. FUND ACCOUNTS.

  22. Tex. Natural Resources Code Sec. 51.069. DISPOSITION OF PAYMENTS ON PUBLIC SCHOOL LAND. Payments on public school land received by the commissioner, including payments received as interest on the purchase of public school land, shall be transmitted to the comptroller to be credited to the permanent school fund.

  23. Tex. Natural Resources Code Sec. 51.070. UNPAID PRINCIPAL ON PUBLIC SCHOOL LAND SALES.

  24. Tex. Natural Resources Code Sec. 51.071. FORFEITURE OF LAND.

  25. Tex. Natural Resources Code Sec. 51.072. EFFECT OF FORFEITURE. In cases of forfeiture, the original obligations and reinstatement fees are as binding as if no forfeiture occurred.

  26. Tex. Natural Resources Code Sec. 51.073. CLASSIFICATION AND SALE OF LEASED AND FORFEITED LAND. Before it is sold, the commissioner shall classify and determine the market value of land on which leases have expired and land forfeited to the state.

  27. Tex. Natural Resources Code Sec. 51.074. REINSTATEMENT OF LAND PURCHASES.

  28. Tex. Natural Resources Code Sec. 51.075. FORFEITURE OF A DECEASED PURCHASER'S LAND.

  29. Tex. Natural Resources Code Sec. 51.076. LEGAL PROCEEDINGS. None of the provisions of Sections 51.071 through 51.072 and 51.074 through 51.075 of this code shall prevent the state from instituting legal proceedings necessary:

  30. Tex. Natural Resources Code Sec. 51.077. LIEN. To secure the payment of principal and interest due on a sale of public school land and university land the state has an express lien for the use and benefit of the fund to which the land belongs. The lien is in addition to any right and remedy that the state has for enforcement of the payment of principal and interest due and unpaid, up to and including the period required to reinstate the land award and obligation.

  31. Tex. Natural Resources Code Sec. 51.0771. REINSTATEMENT FEE.

  32. Tex. Natural Resources Code Sec. 51.078. TRANSFER OF INDEBTEDNESS.

  33. Tex. Natural Resources Code Sec. 51.079. TRANSFERS GENERALLY.

  34. Tex. Natural Resources Code Sec. 51.080. PERSONAL TRANSFERS.

  35. Tex. Natural Resources Code Sec. 51.081. TRANSFERS OTHER THAN PERSONAL TRANSFER. A person who claims title through a source other than by personal transfer to a definite portion of a survey that is less than the whole survey purchased from the state, with the approval of the commissioner, may have the portion of land that he claims separated from the other portion of the survey on the records of the land office by filing in the land office evidence of claims that may be required by the commissioner and by paying the fees provided by law for papers filed as evidence of the claim or a right to a separation of the area.

  36. Tex. Natural Resources Code Sec. 51.082. LIABILITY OF VENDEE. After a separation of land is made on the records of the land office, the portion that is separated shall be charged and credited with its pro rata part of the principal and interest due and paid to November 1 preceding the date of the filing of the transfers or other papers.

  37. Tex. Natural Resources Code Sec. 51.083. PATENT ON PART OF A TRACT.

  38. Tex. Natural Resources Code Sec. 51.085. TIME FOR PURCHASE OF LAND. Each purchaser of land has the option of paying the purchase price in full at any time, together with all fees, and obtaining a patent for the land.

  39. Tex. Natural Resources Code Sec. 51.086. SALE OF ESCHEATED PERMANENT SCHOOL LAND.

  40. Tex. Natural Resources Code Sec. 51.121. LEASE OF UNSOLD LAND.

  41. Tex. Natural Resources Code Sec. 51.122. ADVERTISEMENT OF LEASES. Leases under the provisions of this subchapter may be advertised in the manner provided in Section 32.107 of this code.

  42. Tex. Natural Resources Code Sec. 51.123. LEASE APPLICATION. A person who desires to lease land shall submit a written application to the commissioner specifying and describing the particular land he desires to lease.

  43. Tex. Natural Resources Code Sec. 51.124. AWARD OF LEASE.

  44. Tex. Natural Resources Code Sec. 51.125. REJECTION OF BID OR OFFER TO LEASE. Any bid or offer to lease may be rejected by the commissioner for fraud, collusion, or other good and sufficient cause before the lease is signed.

  45. Tex. Natural Resources Code Sec. 51.126. NOTIFICATION OF ACCEPTANCE AND EXECUTION OF LEASE. After the applications are received, the commissioner shall give written notification to the successful applicant that his bid or offer to lease is accepted and execute a lease to the applicant in the name and by the authority of the State of Texas.

  46. Tex. Natural Resources Code Sec. 51.127. RECORDING MEMORANDUM OF LEASE.

  47. Tex. Natural Resources Code Sec. 51.129. LIEN.

  48. Tex. Natural Resources Code Sec. 51.131. SOIL AND WATER CONSERVATION PLANS.

  49. Tex. Natural Resources Code Sec. 51.171. PURPOSE; APPLICATION OF OTHER LAW.

  50. Tex. Natural Resources Code Sec. 51.172. DEFINITIONS. In this subchapter:

  51. Tex. Natural Resources Code Sec. 51.173. DISPOSITION OF VACANT LAND.

  52. Tex. Natural Resources Code Sec. 51.174. GENERAL POWERS AND DUTIES OF COMMISSIONER.

  53. Tex. Natural Resources Code Sec. 51.175. GENERAL POWERS AND DUTIES OF BOARD.

  54. Tex. Natural Resources Code Sec. 51.176. VACANCY APPLICATION; FILING.

  55. Tex. Natural Resources Code Sec. 51.177. PROCESSING VACANCY APPLICATION.

  56. Tex. Natural Resources Code Sec. 51.178. DEPOSIT.

  57. Tex. Natural Resources Code Sec. 51.179. DISPOSITION OF DEPOSITS.

  58. Tex. Natural Resources Code Sec. 51.180. ATTORNEY AD LITEM.

  59. Tex. Natural Resources Code Sec. 51.181. NOTICE TO NECESSARY PARTIES.

  60. Tex. Natural Resources Code Sec. 51.182. FILING OF EXCEPTIONS TO APPLICATION.

  61. Tex. Natural Resources Code Sec. 51.183. INVESTIGATION.

  62. Tex. Natural Resources Code Sec. 51.184. COMMISSIONER'S SURVEY.

  63. Tex. Natural Resources Code Sec. 51.185. SURVEYOR'S REPORT.

  64. Tex. Natural Resources Code Sec. 51.186. COMPLETION OF SURVEY.

  65. Tex. Natural Resources Code Sec. 51.187. HEARING.

  66. Tex. Natural Resources Code Sec. 51.188. COMMISSIONER'S FINAL ORDER.

  67. Tex. Natural Resources Code Sec. 51.189. APPEAL.

  68. Tex. Natural Resources Code Sec. 51.190. SCOPE OF REVIEW. In an appeal of the commissioner's final order determining that a vacancy exists, the district court shall conduct a trial de novo.

  69. Tex. Natural Resources Code Sec. 51.191. ISSUES REVIEWABLE. The court may review the commissioner's declaration of good-faith-claimant status only in conjunction with a review of a final order determining that a vacancy exists.

  70. Tex. Natural Resources Code Sec. 51.192. STANDING TO APPEAL. A person may appeal the commissioner's final order determining that a vacancy exists if the person:

  71. Tex. Natural Resources Code Sec. 51.193. APPLICATION FOR AND DETERMINATION OF GOOD-FAITH-CLAIMANT STATUS.

  72. Tex. Natural Resources Code Sec. 51.194. PREFERENTIAL RIGHT OF GOOD-FAITH CLAIMANT.

  73. Tex. Natural Resources Code Sec. 51.195. PURCHASE OR LEASE BY APPLICANT.

  74. Tex. Natural Resources Code Sec. 51.241. ISSUANCE OF PATENT. The commissioner shall issue a patent when the records of his office reflect that full payment for land has been made where required and fees that are due on the land have been paid to the land office and have not been withdrawn, including the fee for recording the patent in the county or counties in which the land is located.

  75. Tex. Natural Resources Code Sec. 51.242. PATENT FEES. When a person applies for a patent, he shall pay to the land office in addition to all other required payments a fee set by the commissioner in an amount not less than $1 for each county in which all or a part of the land is located and shall give the name and address of the owner or agent.

  76. Tex. Natural Resources Code Sec. 51.243. REQUISITES OF A PATENT.

  77. Tex. Natural Resources Code Sec. 51.244. DELIVERY OF PATENT.

  78. Tex. Natural Resources Code Sec. 51.245. DECEASED PATENTEE. A patent issued in the name of a person who is deceased at the time the patent is issued conveys and secures valid title to the heirs or assignee of the deceased person.

  79. Tex. Natural Resources Code Sec. 51.246. ACQUISITION OF DEED OF ACQUITTANCE TO EXCESS ACREAGE.

  80. Tex. Natural Resources Code Sec. 51.247. PATENTS FOR LAND THAT CANNOT BE PATENTED BY OTHER METHODS.

  81. Tex. Natural Resources Code Sec. 51.248. DOUBTFUL CLAIM. If it appears to the commissioner from the records of his office or from information given to him under oath that there is an illegality in a claim, the commissioner, if he considers it necessary, shall refer the matter to the attorney general, and the attorney general's written decision is sufficient authority for the commissioner to issue or withhold the patent.

  82. Tex. Natural Resources Code Sec. 51.249. CONFLICTING SURVEYS. If conflicts exist between surveys, the commissioner shall issue patents to the portions of the surveys that are free from conflict.

  83. Tex. Natural Resources Code Sec. 51.250. CONFLICTING TITLE.

  84. Tex. Natural Resources Code Sec. 51.251. PARTIAL CONFLICT OF TITLE. If there is only a partial conflict of title under a patent, the commissioner in the manner provided in Section 51.250 of this code may cancel any patent presented to him and issue a patent to the applicant for the portion of the land that is covered by his original patent but that is not in conflict with the older title if the area can be determined from the field notes.

  85. Tex. Natural Resources Code Sec. 51.252. REFUND OF PURCHASE MONEY.

  86. Tex. Natural Resources Code Sec. 51.253. CORRECTED PATENT.

  87. Tex. Natural Resources Code Sec. 51.291. GRANTS OF EASEMENTS.

  88. Tex. Natural Resources Code Sec. 51.292. EASEMENTS AND LEASES FOR CERTAIN FACILITIES. The commissioner may execute grants of easements or leases for electric substations, pumping stations, loading racks, and tank farms, and for any other purpose the commissioner determines to be in the best interest of the state, to be located on state land other than land owned by The University of Texas System.

  89. Tex. Natural Resources Code Sec. 51.295. CONDITIONS FOR EASEMENT. Telephone, telegraph, electric transmission, powerline, and pipeline right-of-way easements and easements or rights-of-way for irrigation canals, laterals, and water pipelines shall be executed on terms to be determined by the commissioner.

  90. Tex. Natural Resources Code Sec. 51.296. TERM OF EASEMENTS.

  91. Tex. Natural Resources Code Sec. 51.297. RECORDING EASEMENTS.

  92. Tex. Natural Resources Code Sec. 51.299. FEES FOR CERTAIN FACILITIES. The rent to be charged for an easement or lease for an electric substation site, pumping station, loading rack, tank farm, or road or for an easement for a purpose not specifically listed by Section 51.291 or 51.292 but granted in the best interest of the state shall be an amount agreed to between the lessee and the commissioner.

  93. Tex. Natural Resources Code Sec. 51.2995. WAIVER OR REDUCTION OF EASEMENT FEES IN CERTAIN CIRCUMSTANCES. The commissioner may waive or reduce an easement fee if the easement granted is to improve the infrastructure of the land, including production and transportation of alternative or renewable energy resources.

  94. Tex. Natural Resources Code Sec. 51.300. DISPOSITION OF INCOME. Income received by the commissioner under this subchapter from public school land shall be credited to the permanent school fund. Other income received by the commissioner on other land under this subchapter shall be credited to the General Revenue Fund.

  95. Tex. Natural Resources Code Sec. 51.301. INTEREST ON PAST-DUE PAYMENTS. Payments under this subchapter that are past due shall bear interest at a rate equal to the rate imposed by the comptroller under Section 111.060, Tax Code, for delinquent payments due the state, except that if the commissioner enters into an agreement with the grantee of the easement or lease specifying a lower rate, the payments bear interest at that lower rate.

  96. Tex. Natural Resources Code Sec. 51.302. PROHIBITION AND PENALTY.

  97. Tex. Natural Resources Code Sec. 51.3021. REMOVAL OF FACILITY OR STRUCTURE BY COMMISSIONER.

  98. Tex. Natural Resources Code Sec. 51.303. VENUE. The venue for suits by or against the state under Sections 51.291 through 51.3021 of this code or for violation of provisions of Sections 51.291 through 51.302 of this code shall be in Travis County.

  99. Tex. Natural Resources Code Sec. 51.304. EASEMENTS FOR SOIL CONSERVATION AND FLOOD PREVENTION. The commissioner may execute grants of easements on unsold public school land to conservation and reclamation districts for soil conservation and flood prevention projects authorized by the Watershed Protection and Flood Prevention Act (16 U.S.C. Section 1001 et seq.), as amended.

  100. Tex. Natural Resources Code Sec. 51.305. TERMS AND FORM OF GRANT. The grant of the easement may contain any provisions that the commissioner considers necessary to protect the interests of the state and may be perpetual or for a term of years.

  101. Tex. Natural Resources Code Sec. 51.306. CONSIDERATION. The consideration paid to the state for the grant of the easement under Section 51.304 of this code shall be determined by the commissioner to compensate the state for any damage to the land or to the use of the land caused by the easement, but if the commissioner determines that the benefits resulting from the grant of the easement are more than the damage, the commissioner may waive the consideration for the easement.

  102. Tex. Natural Resources Code Sec. 51.307. RESERVATION OF MINERAL RIGHTS. Mineral rights together with the right to explore for, produce, and market the minerals in land granted as an easement under Section 51.304 of this code shall be reserved to the state and shall be subject to lease for minerals in the same manner as other unsold public school land.

  103. Tex. Natural Resources Code Sec. 51.341. DEFINITION. In this subchapter, "timbered land" means land that is valued chiefly for the timber located on it.

  104. Tex. Natural Resources Code Sec. 51.342. SALE OR LEASE OF TIMBER. Timber located on public land shall be sold or leased in full tracts for cash at its market value.

  105. Tex. Natural Resources Code Sec. 51.343. RULES. Subject to the provisions of this chapter, the commissioner shall adopt rules for the sale of timber which are considered necessary and judicious.

  106. Tex. Natural Resources Code Sec. 51.344. APPLICATION TO PURCHASE TIMBER. An application to purchase timber shall be made in the manner provided for filing an application to purchase land.

  107. Tex. Natural Resources Code Sec. 51.345. INGRESS AND EGRESS FROM LAND. The purchaser of timber without the land is entitled to ingress and egress on the land for a period of five years after the date of the award to remove or protect the timber on the land.

  108. Tex. Natural Resources Code Sec. 51.346. REVERSION OF TITLE TO TIMBER. After the five-year period provided in Section 51.345 of this code, title to the timber reverts to the fund to which the land belongs and is subject to sale by the state.

  109. Tex. Natural Resources Code Sec. 51.347. SALE OF GAYULE AND LECHUGUILLA. The board may sell the gayule or lechuguilla growing or found on the public school land, exclusive of timber.

  110. Tex. Natural Resources Code Sec. 51.348. CONDITIONS OF SALE. The sale of gayule and lechuguilla may be on any terms and conditions and with any limitations that the board considers most advantageous and in the best interest in protecting the public school fund and the state.

  111. Tex. Natural Resources Code Sec. 51.349. CONTRACTS. The board may enter into any contract including an executory contract of sale which they consider wise for the purpose of having the commercial properties and value of gayule and lechuguilla determined, but it may not spend any public money or incur any liability on behalf of the state through these contracts.

  112. Tex. Natural Resources Code Sec. 51.401. REAL ESTATE SPECIAL FUND ACCOUNT.

  113. Tex. Natural Resources Code Sec. 51.402. USE OF DESIGNATED FUNDS.

  114. Tex. Natural Resources Code Sec. 51.4021. APPOINTMENT OF INVESTMENT CONSULTANTS OR ADVISORS.

  115. Tex. Natural Resources Code Sec. 51.404. TITLE SECURITY.

  116. Tex. Natural Resources Code Sec. 51.405. CONTRACTS FOR PURCHASE. The board may enter into contracts for the purchase of property under this subchapter.

  117. Tex. Natural Resources Code Sec. 51.406. DEDICATION TO PERMANENT SCHOOL FUND. Land acquired under this subchapter is dedicated to the permanent school fund and is subject to sale and lease in the same manner and under the same authority as any other real property dedicated to the permanent school fund.

  118. Tex. Natural Resources Code Sec. 51.407. RULES. The board shall adopt rules for the implementation of this subchapter.

  119. Tex. Natural Resources Code Sec. 51.408. ETHICS POLICY AND TRAINING.

  120. Tex. Natural Resources Code Sec. 51.409. DISCLOSURE OF CONFLICTS OF INTEREST AND FINANCES.

  121. Tex. Natural Resources Code Sec. 51.410. REPORTS OF EXPENDITURES. A consultant, advisor, broker, or other person providing services to the board relating to the management and investment of the funds designated under Section 51.401 shall file with the board regularly, as determined by the board, a report that describes in detail any expenditure of more than $50 made by the person on behalf of:

  122. Tex. Natural Resources Code Sec. 51.411. FORMS; PUBLIC INFORMATION.

  123. Tex. Natural Resources Code Sec. 51.412. REPORT ON USE OF CERTAIN MONEY.

  124. Tex. Natural Resources Code Sec. 51.413. TRANSFERS FROM THE REAL ESTATE SPECIAL FUND ACCOUNT TO THE AVAILABLE SCHOOL FUND AND THE PERMANENT SCHOOL FUND.

  125. Tex. Natural Resources Code Sec. 51.501. APPLICATION FOR GRANT. A lessee of real property owned by the permanent school fund and used for grazing or agricultural purposes may apply to the commissioner for a grant to construct a permanent improvement on the leased property.

  126. Tex. Natural Resources Code Sec. 51.502. SOURCE OF GRANT MONEY. A grant under this subchapter shall be made from money collected for surface damages under Sections 52.297 and 53.155.

  127. Tex. Natural Resources Code Sec. 51.503. APPRAISAL REQUIRED.

  128. Tex. Natural Resources Code Sec. 51.504. EVIDENCE OF EXPENDITURE REQUIRED. The commissioner shall require each lessee who receives a grant to provide copies of receipts, vouchers, or other evidence of expenditures for the improvement.

  129. Tex. Natural Resources Code Sec. 51.505. IMPROVEMENTS: REAL PROPERTY OF PERMANENT SCHOOL FUND. Any improvement constructed with money disbursed under this subchapter is the real property of the permanent school fund.

  130. Tex. Natural Resources Code Sec. 51.506. MAINTENANCE. As a condition for a grant under this subchapter, the commissioner shall require the grantee to agree in writing to maintain the improvement in a manner that will protect the best interest of the permanent school fund.

  131. Tex. Natural Resources Code Sec. 51.507. RULES. The commissioner shall adopt rules as necessary to administer this subchapter, including rules establishing a procedure for applying for a grant under Section 51.501 and for monitoring the maintenance of the improvement.

Chapter 52

  1. Tex. Natural Resources Code Sec. 52.001. DEFINITIONS. In this chapter:

  2. Tex. Natural Resources Code Sec. 52.011. AREA SUBJECT TO LEASE. Under the provisions of this subchapter, the board may lease to any person for the production of oil and natural gas:

  3. Tex. Natural Resources Code Sec. 52.012. CONDITIONS FOR LEASE. Oil and gas shall only be leased together and shall be leased separately from other minerals.

  4. Tex. Natural Resources Code Sec. 52.013. DETERMINATION OF LEASE PRICE AND DELAY RENTALS. The board shall determine the price at which areas under this subchapter shall be leased and the amount of delay rentals that shall be charged.

  5. Tex. Natural Resources Code Sec. 52.014. DATE FOR LEASE AND NOTICE. The date for opening bids to lease areas covered by this subchapter shall be set and notice of the date shall be given in the manner provided in Sections 32.105 and 32.107 of this code.

  6. Tex. Natural Resources Code Sec. 52.015. BID TO LEASE.

  7. Tex. Natural Resources Code Sec. 52.016. SPECIAL FEE. Each bidder on a lease under this subchapter shall remit by separate check a special sale fee in the amount and in the manner provided in Section 32.110 of this code.

  8. Tex. Natural Resources Code Sec. 52.017. KEEPING AND OPENING BIDS. Bids shall be kept secure and unopened by the commissioner or the commissioner's designee until opened on the date and at the time set as provided in Section 52.014 of this code.

  9. Tex. Natural Resources Code Sec. 52.018. VOID APPLICATION. An application that includes two or more areas or that is for a price that is less than the fixed royalty and price per acre is void.

  10. Tex. Natural Resources Code Sec. 52.019. TIE BIDS.

  11. Tex. Natural Resources Code Sec. 52.020. RETURN OF PAYMENTS ON REJECTED APPLICATIONS. The comptroller or commissioner shall return all amounts paid on rejected applications.

  12. Tex. Natural Resources Code Sec. 52.021. TERM OF LEASE. A lease granted under this subchapter shall be for a primary term not to exceed 10 years and for as long after that time as oil or gas is produced from the leased area.

  13. Tex. Natural Resources Code Sec. 52.022. ROYALTY RATE. The board shall set the royalty rate on production of oil and gas from land leased under this subchapter. The royalty rate set must be at least one-eighth of the gross production or the market value of the oil and gas produced.

  14. Tex. Natural Resources Code Sec. 52.023. LEASE PROVISIONS FOR DRILLING AND REWORKING. Each lease shall provide that:

  15. Tex. Natural Resources Code Sec. 52.024. LEASE PROVISIONS FOR SHUT-IN OIL OR GAS ROYALTY AND COMPENSATORY ROYALTY.

  16. Tex. Natural Resources Code Sec. 52.026. LEASE TRANSFER.

  17. Tex. Natural Resources Code Sec. 52.027. LEASE RELINQUISHMENT.

  18. Tex. Natural Resources Code Sec. 52.028. SUSPENSION OF LEASE BECAUSE OF LITIGATION.

  19. Tex. Natural Resources Code Sec. 52.029. FORFEITURE OF RIGHTS. The provisions of Subchapter F of this chapter governing the forfeiture and reinstatement of rights apply to forfeiture and reinstatement of leases issued under this subchapter, and on forfeiture of a lease, the area covered by the lease may be leased, after advertisement, by any other person.

  20. Tex. Natural Resources Code Sec. 52.030. REFUND OF LEASE MONEY IN CERTAIN SITUATIONS.

  21. Tex. Natural Resources Code Sec. 52.0301. SUSPENSION OF TERMS OF LEASE IN CERTAIN SITUATIONS.

  22. Tex. Natural Resources Code Sec. 52.031. EXTENSION OF LEASE BY COMMISSIONER.

  23. Tex. Natural Resources Code Sec. 52.032. REGULATION OF DEVELOPMENT AND OPERATIONS.

  24. Tex. Natural Resources Code Sec. 52.033. ACCESS TO LAND.

  25. Tex. Natural Resources Code Sec. 52.034. OFFSET WELLS.

  26. Tex. Natural Resources Code Sec. 52.035. AGREEMENTS WITH U.S. GOVERNMENT.

  27. Tex. Natural Resources Code Sec. 52.071. AUTHORITY OVER RIVERBEDS AND CHANNELS. The riverbeds and channels belonging to the state are subject to development by the state and to lease or contract for recovery of oil and gas.

  28. Tex. Natural Resources Code Sec. 52.072. STATE POLICY.

  29. Tex. Natural Resources Code Sec. 52.073. AREA SUBJECT TO LEASE. Riverbeds and channels that belong to the state may be leased to any person by the board under the provisions of this subchapter.

  30. Tex. Natural Resources Code Sec. 52.074. SIZE OF TRACT. Subject to the conditions in this subchapter, riverbeds and channels shall be leased in tracts of the size determined by the board.

  31. Tex. Natural Resources Code Sec. 52.076. DUTY TO ADVERTISE.

  32. Tex. Natural Resources Code Sec. 52.077. SPECIAL FEE. Each bidder on a lease under this subchapter shall remit with each bid by separate payment a special sale fee in the amount and in the manner provided by Section 32.110 of this code.

  33. Tex. Natural Resources Code Sec. 52.080. FORMS FOR LEASE AND CONTRACT. Leases and contracts for the development of riverbeds and channels shall be executed on forms approved by the board.

  34. Tex. Natural Resources Code Sec. 52.082. TERM OF LEASE. A lease granted under this subchapter shall be for a primary term not to exceed 10 years and for as long after that time as oil or gas is produced from the leased area.

  35. Tex. Natural Resources Code Sec. 52.083. CONDITIONS OF LEASE. Oil and gas shall only be leased together and separately from other minerals.

  36. Tex. Natural Resources Code Sec. 52.084. SPECIAL LEASE PROVISIONS. Each lease shall include the provisions required by Sections 52.023 and 52.024 of this code.

  37. Tex. Natural Resources Code Sec. 52.085. PREVENTION OF POLLUTION.

  38. Tex. Natural Resources Code Sec. 52.087. DETERMINATION OF LEASE PRICE AND DELAY RENTALS. The board shall determine the price at which riverbeds and channels shall be leased and the amount of delay rentals that shall be charged.

  39. Tex. Natural Resources Code Sec. 52.088. ROYALTY RATE. The board shall set the royalty rate on production of oil and gas from riverbeds and channels leased under this subchapter. The royalty rate set must be at least one-eighth of the gross production or the market value of the oil and gas produced.

  40. Tex. Natural Resources Code Sec. 52.090. EXTENSION OF LEASE. A lease may be extended in the manner provided in Section 52.031 of this code.

  41. Tex. Natural Resources Code Sec. 52.091. REFUND OF LEASE MONEY IN CERTAIN SITUATIONS. A lessee under this subchapter is entitled to a refund of all money paid for bonus, delay rentals, and other fees for the reasons and in the manner provided in Section 52.030 of this code.

  42. Tex. Natural Resources Code Sec. 52.092. POWER OF EMINENT DOMAIN. The board or any person including a leaseholder or assignee, who has a contract with the board for the development of oil and gas resources in riverbeds and channels may exercise the power of eminent domain to condemn land as provided in the general laws of this state for the purposes stated in Section 52.093 of this code.

  43. Tex. Natural Resources Code Sec. 52.093. EMINENT DOMAIN PURPOSES. The board and any person, including a leaseholder or assignee, who has a contract with the board for the development of oil and gas resources in riverbeds and channels may exercise the power of eminent domain for the following purposes:

  44. Tex. Natural Resources Code Sec. 52.094. DRILLING OFFSET WELL ON CONDEMNED LAND.

  45. Tex. Natural Resources Code Sec. 52.095. RIGHTS OF PARTIES TO CONDEMNATION. It is the intent of this subchapter that the mineral rights of the owner are superior to the surface rights of the condemning party.

  46. Tex. Natural Resources Code Sec. 52.096. EXCLUSION FROM DAMAGES IN CONDEMNATION. In determining the damages resulting from condemnation, the commissioners or any other tribunal shall not consider the value of oil or gas located beneath the rights-of-way of the condemned property.

  47. Tex. Natural Resources Code Sec. 52.097. INJUNCTION.

  48. Tex. Natural Resources Code Sec. 52.098. APPEAL.

  49. Tex. Natural Resources Code Sec. 52.099. VENUE. The venue for any suit arising from this subchapter either by or against the board and regardless of the kind or nature shall be in Travis County.

  50. Tex. Natural Resources Code Sec. 52.100. EFFECT OF SUBCHAPTER. The provisions of this subchapter do not repeal or supersede Chapter 138, Acts of the 41st Legislature, Regular Session, 1929 (Article 5414a, Vernon's Texas Civil Statutes), which validated, relinquished, quitclaimed, and granted to patentees and awardees and their assignees land and minerals that are included in surveys lying across or partly across watercourses and navigable streams in the state and that have been patented or awarded as provided in that chapter.

  51. Tex. Natural Resources Code Sec. 52.131. PAYMENT OF ROYALTY GENERALLY.

  52. Tex. Natural Resources Code Sec. 52.132. FORM OF PAYMENT. Except as provided in Section 52.133 of this code, royalty payments shall be made in cash, by bank draft drawn on a state or national bank in Texas, by a post-office or express money order, or in any other form that the law may provide for making payments to the State Treasury and are payable to the commissioner in Austin.

  53. Tex. Natural Resources Code Sec. 52.133. PAYMENT OF ROYALTY IN KIND.

  54. Tex. Natural Resources Code Sec. 52.134. FILING CONTRACTS AND AGREEMENTS. Copies of contracts for the sale or processing of gas and subsequent agreements and amendments to those contracts shall be filed in the land office within 30 days after the contracts, agreements, or amendments are made. These contracts and agreements received by the land office shall be held in confidence by the land office unless otherwise authorized by the lessee.

  55. Tex. Natural Resources Code Sec. 52.135. INSPECTIONS AND EXAMINATIONS.

  56. Tex. Natural Resources Code Sec. 52.136. LIEN.

  57. Tex. Natural Resources Code Sec. 52.137. SUIT AFTER PROTEST.

  58. Tex. Natural Resources Code Sec. 52.139. LIMITATIONS ON AUDIT ASSESSMENTS.

  59. Tex. Natural Resources Code Sec. 52.140. AUDIT INFORMATION CONFIDENTIAL.

  60. Tex. Natural Resources Code Sec. 52.151. AUTHORIZATION TO OPERATE AREAS AS UNITS.

  61. Tex. Natural Resources Code Sec. 52.152. APPROVAL OF AGREEMENTS.

  62. Tex. Natural Resources Code Sec. 52.153. PROVISIONS OF AGREEMENT.

  63. Tex. Natural Resources Code Sec. 52.154. RATIFICATIONS AND OTHER AGREEMENTS.

  64. Tex. Natural Resources Code Sec. 52.171. SCHOOL AND ASYLUM LANDS. The state hereby constitutes the owner of the soil its agent for the purposes herein named, and in consideration therefor, relinquishes and vests in the owner of the soil an undivided fifteen-sixteenths of all oil and gas which has been undeveloped and the value of the same that may be upon and within the surveyed and unsurveyed public free school land and asylum lands and portions of such surveys sold with a mineral classification or mineral reservation, subject to the terms of this law. The remaining undivided portion of said oil and gas and its value is hereby reserved for the use of and benefit of the public school fund and the several asylum funds.

  65. Tex. Natural Resources Code Sec. 52.172. SALE AND LEASE BY AGENT. The owner of said land is hereby authorized to sell or lease to any person, firm, or corporation the oil and gas that may be thereon or therein upon such terms and conditions as such owner may deem best, subject only to the provisions hereof, and he may have a second lien thereon to secure the payment of any sum due him. All leases and sales so made shall be assignable. No oil or gas rights shall be sold or leased hereunder for a delay rental during the primary term of less than 10 cents per acre per year plus royalty, and in case of production, the lessee or purchaser shall pay the state the undivided one-sixteenth of the value of the oil and gas reserved herein, and like amounts to the owner of the soil.

  66. Tex. Natural Resources Code Sec. 52.173. OFFSET WELLS.

  67. Tex. Natural Resources Code Sec. 52.174. FAILURE TO DRILL OFFSET. If such persons fail or refuse to begin the drilling of such well or wells within the time required or to prosecute such drilling as necessary for the purpose intended herein, any lease of such land executed under the provisions of this law shall be subject to forfeiture by the Commissioner of the General Land Office, and he shall forfeit same when he is sufficiently informed of the facts which authorize a forfeiture, and shall, on the wrapper containing the papers relating to such lease, write and sign officially words declaring such forfeiture, and the lease and all rights thereunder shall thereupon be forfeited together with all payments made thereunder. Notice of such action shall forthwith be mailed to the persons shown by the records of the General Land Office to be the owners of the surface and the owners of the forfeited lease at their last known addresses as shown by the records of said office. Upon proper showing by the owner of the forfeited lease within 30 days after the declaration of forfeiture, the lease may, at the discretion of the commissioner and upon the terms of this subchapter and such other terms as he may prescribe, be reinstated. If such lease be not reinstated within such time, or if the commissioner finds that any unleased land included in this law is being drained, the commissioner shall notify the person at his last known address, as shown by records of the General Land Office to be the surface owner, that the oil and gas is subject to sale or lease by the owner of the soil in accordance with this law, and that drilling is required. If such owner shall fail or refuse to obtain the commencement of such a well within 100 days after the date of such notice, the relinquishment herein granted and the rights acquired thereunder shall be subject to forfeiture by the commissioner by endorsing on the file wrapper containing the papers relating to the sale of the land, words indicating such forfeiture, and such rights shall thereupon be forfeited, and notice of such forfeiture shall be forwarded to the county clerk of the county wherein the land is situated. The rights of any owner of the soil which may have ipso facto terminated under prior laws shall be reinstated and are hereby reinstated, together with all rights acquired thereunder except where rights of third parties may have intervened. All rights herein reinstated shall be subject to the terms and provisions of this subchapter.

  68. Tex. Natural Resources Code Sec. 52.175. LEASE OF OIL AND GAS AFTER FORFEITURE. When the relinquishment or agency right herein granted has been forfeited, the land shall be subject to lease for oil and gas under the procedure provided by law for the leasing of unsold surveyed public school lands. The substantive provisions of Subchapter B of this chapter and Subchapters D and E, Chapter 32, of this code shall apply to the oil and gas lease. No oil and gas lease shall be executed which provides for a royalty of less than one-eighth, payable to the state for the benefit of the permanent free school fund. The owner of the soil shall not be entitled to any revenue generated by a lease executed pursuant to this section. Upon the termination or expiration of a lease so executed by the Commissioner of the General Land Office, the rights of the surface owner to act under this law shall be ipso facto reinstated.

  69. Tex. Natural Resources Code Sec. 52.176. FORFEITURE OF RIGHTS. If any person, firm, or corporation operating under this law shall fail or refuse to make the payment of any sum within 30 days after it becomes due, or if such one or an authorized agent should knowingly make any false return or false report concerning production or drilling, or if such one should fail to file reports in the manner required by law or fail to comply with General Land Office rules and regulations or refuse the proper authority access to the records pertaining to the operations, or if such one or an authorized agent should knowingly fail or refuse to give correct information to the proper authority, or knowingly fail or refuse to furnish the land office a correct log of any well, or if any lease is assigned and the assignment is not filed in the General Land Office as required by law, the rights acquired under the permit or lease shall be subject to forfeiture by the commissioner, and he shall forfeit same when sufficiently informed of the facts which authorize a forfeiture, and the oil and gas shall be subject to sale in the manner provided for the sale of other forfeited rights hereunder, except that the owner of the soil shall not thereby forfeit his interest in the oil and gas. Such forfeiture may be set aside and all rights theretofore existing shall be reinstated at any time before the rights of another intervene, upon satisfactory evidence of future compliance with the provisions of this subchapter.

  70. Tex. Natural Resources Code Sec. 52.177. RIGHTS OF SUBSEQUENT PURCHASER. If one acquires a valid right by permit or lease to the oil and gas in any unsold public free school or asylum land under any other law, a subsequent purchaser of such land shall not acquire any rights to any of the oil and gas that may be therein, but when the rights under such permit or lease terminate in the manner provided in the law under which they were obtained, then the owner of the soil shall become the owner of that portion of the oil and gas herein relinquished, and shall be thereafter subject to the provisions of this law. A forfeiture of the purchase of any survey or tract for any cause shall operate as a forfeiture of the minerals therein to the state. A relinquishment to the state of a lease producing oil or gas in paying quantities shall not operate to relinquish or convey to the owner of the soil any interest whatever in the oil and gas that may be in the land included in said lease.

  71. Tex. Natural Resources Code Sec. 52.178. OPERATION UNDER PERMIT. The owner of a permit or combination of permits shall have 18 months from the date or average date thereof in which to begin drilling a well for oil and gas on some portion of the land included therein. The drilling on one permit shall be sufficient protection against forfeiture of all the permits included in a combination. Owners of permits or combination of permits included herein shall have three years after the date or average date thereof in which to complete the development of oil and gas thereon, and if oil and gas should not be found in paying quantities and a lease applied for within said time all rights in such permit or combination of permits shall terminate, and the oil and gas in such land shall become subject to the provisions of this law relating to the relinquishment of oil and gas to the owner of the soil.

  72. Tex. Natural Resources Code Sec. 52.179. LEASE UNDER PERMIT. If oil or gas should be produced in paying quantities upon any land included in this law, the owner of the permit shall report the development to the commissioner within 30 days thereafter and apply for a lease upon such whole surveys or tracts in each permit as the owner or owners of a combination of permits may desire to be leased, and accompany the application with a log of the wells, and the correctness of the log shall be sworn to by the owner, manager, or driller, and thereupon a lease shall be issued without the payment of any additional sum of money and for a period not to exceed 10 years, subject to renewal or renewals.

  73. Tex. Natural Resources Code Sec. 52.180. PAYMENTS UNDER PERMIT. The owner of a permit or combination of permits who desires to avail himself of the terms of this law, shall pay the state 10 cents per acre, annually in advance, for the second and third years, and shall likewise pay the owner of the soil 10 cents per acre for the first year of such permit, before availing himself of the privileges hereof, and a like sum thereafter annually in advance. A failure to make either of said payments shall subject the permit or permits to forfeiture by the commissioner, and when sufficiently informed of the facts which subject the permits to forfeiture, said commissioner shall forfeit the same by an endorsement of forfeiture upon the wrapper containing the papers relating to the permits and sign it officially. The payment of 10 cents per acre to the owner of the soil may be made to him or to the county clerk of the county in which the land is situated, and said clerk shall deposit such payment as he receives, in some bank at the county seat to the credit of the record owner of such land. If the owner of the soil refuses to accept such payment, said clerk shall withdraw such deposit and return it to the owner of the permit. The payment, or the tender of payment, shall be evidenced by the receipt of the owner or part owner or county clerk filed among the papers in the land office relating to such permits.

  74. Tex. Natural Resources Code Sec. 52.181. RELINQUISHMENT UNDER PERMIT. The owner of a permit or combination of permits may relinquish to the state a permit or combination of permits or any whole survey or whole tract included in a permit at any time before obtaining a lease therefor by having such relinquishment recorded in the counties in which the land or part thereof is situated, and by filing it in the land office within 60 days after its execution, with a filing fee set by the commissioner in an amount not less than $1.

  75. Tex. Natural Resources Code Sec. 52.182. DAMAGES TO SOIL. The payment of delay rentals and the obligation to pay the owner of the soil one-sixteenth of the production and the payment of same when produced and the acceptance of same by the owner, shall be in lieu of all damages to the soil.

  76. Tex. Natural Resources Code Sec. 52.183. EFFECTIVE DATE OF LEASE. No mineral lease executed by the owner of the land or minerals under this subchapter is effective until a certified copy of the lease is filed in the land office.

  77. Tex. Natural Resources Code Sec. 52.184. STATEMENT OF CONSIDERATION. No lease executed under this subchapter after September 17, 1939, is binding on the state unless it recites the actual and true consideration paid or promised.

  78. Tex. Natural Resources Code Sec. 52.185. UNIVERSITY LAND. The provisions of this subchapter relating to a combination of permits and extension of time for beginning development and time for development applies to permits on university land.

  79. Tex. Natural Resources Code Sec. 52.186. LEASE OF CERTAIN MINERALS WHEN OWNER OF THE SOIL UNAVAILABLE.

  80. Tex. Natural Resources Code Sec. 52.188. ASSIGNMENTS TO THE OWNER OF THE SOIL.

  81. Tex. Natural Resources Code Sec. 52.189. AUTHORITY AND DUTIES OF AGENT.

  82. Tex. Natural Resources Code Sec. 52.190. LEASE BY OWNER OF THE SOIL.

  83. Tex. Natural Resources Code Sec. 52.291. COVERAGE. The following persons, agencies, and entities are subject to the provisions of Sections 52.292 through 52.293 of this code:

  84. Tex. Natural Resources Code Sec. 52.297. COMPENSATION FOR DAMAGES FROM USE OF SURFACE.

  85. Tex. Natural Resources Code Sec. 52.321. DEFINITIONS. In this subchapter:

  86. Tex. Natural Resources Code Sec. 52.322. PERMIT REQUIRED FOR EXPLORATION.

  87. Tex. Natural Resources Code Sec. 52.323. APPLICATION FOR PERMIT.

  88. Tex. Natural Resources Code Sec. 52.324. AUTHORITY OF COMMISSIONER.

  89. Tex. Natural Resources Code Sec. 52.325. PERMITTEE'S FAILURE TO COMPLY.

Chapter 53

  1. Tex. Natural Resources Code Sec. 53.001. DEFINITIONS. In this chapter:

  2. Tex. Natural Resources Code Sec. 53.011. LAND SUBJECT TO PROSPECT. Any tract of land that belongs to the state, including islands, salt and freshwater lakes, bays, inlets, marshes, and reefs owned by the state within tidewater limits, the part of the Gulf of Mexico within the state's jurisdiction, unsold surveyed public school land, rivers and channels that belong to the state, and land sold with a reservation of minerals to the state are subject to prospect by any person for those minerals which are not subject to lease or permit under any other statute. A person may not prospect from a location within 2,500 feet of a military base, but prospectors may, from a location more than 2,500 feet from a base, look for minerals within the 2,500-foot strip.

  3. Tex. Natural Resources Code Sec. 53.012. APPLICATION FOR RIGHT TO PROSPECT.

  4. Tex. Natural Resources Code Sec. 53.013. CONDITIONS OF PERMIT.

  5. Tex. Natural Resources Code Sec. 53.015. APPLICATION FOR LEASE.

  6. Tex. Natural Resources Code Sec. 53.016. ISSUANCE OF LEASE.

  7. Tex. Natural Resources Code Sec. 53.018. ROYALTY. The royalty under the lease shall not be less than one-sixteenth of the value of the minerals produced under the lease.

  8. Tex. Natural Resources Code Sec. 53.019. PAYMENTS. Lease payments and royalty shall be paid to the commissioner at Austin, and all payments shall be credited to the account of the permanent school fund.

  9. Tex. Natural Resources Code Sec. 53.020. ASSIGNMENT AND TRANSFER. A lease issued under this subchapter may be transferred or assigned at any time in the manner provided by Section 52.026 of this code.

  10. Tex. Natural Resources Code Sec. 53.021. FORFEITURE OF LEASE.

  11. Tex. Natural Resources Code Sec. 53.022. EFFECT OF SUBCHAPTER. None of the provisions of this subchapter shall apply to, alter, or affect any rights existing on June 22, 1955, under a valid permit issued by the commissioner under the provisions of Section 12, Chapter 271, General Laws, Acts of the 42nd Legislature, Regular Session, 1931, as amended (Article 5421c, Vernon's Texas Civil Statutes), but if the permittee desires that his lease continue as long as production is obtained in paying quantities, he shall pay lease payments and royalty provided in this subchapter.

  12. Tex. Natural Resources Code Sec. 53.023. IMMEDIATE LEASE. If the commissioner determines that a certain mineral is located on a state tract subject to prospect under this subchapter, a lease for that mineral may be issued immediately on the application for the prospect permit if the applicant identifies the mineral in the application and requests the immediate issuance of the lease.

  13. Tex. Natural Resources Code Sec. 53.024. PENALTY AND INTEREST. A lease issued under this subchapter shall be subject to Sections 52.131(e) through

  14. Tex. Natural Resources Code Sec. 53.025. LEASE RELINQUISHMENT. A lease issued under this subchapter may be relinquished to the state at any time in the manner provided by Section 52.027 of this code.

  15. Tex. Natural Resources Code Sec. 53.026. IN KIND ROYALTY.

  16. Tex. Natural Resources Code Sec. 53.027. CONTRACTS AND AGREEMENTS. On the land office's written request, mailed to the lessee's address as shown on its lease or otherwise properly changed in conformity with the terms of the lease, a copy of a contract for the sale or processing of minerals leased under this subchapter and any subsequent agreement or amendment to the contract shall be filed in the land office within 30 days after the date the land office mails the written request. The land office shall treat a contract, agreement, or amendment filed in the land office as confidential unless otherwise authorized by the lessee.

  17. Tex. Natural Resources Code Sec. 53.028. AUDIT INFORMATION CONFIDENTIAL.

  18. Tex. Natural Resources Code Sec. 53.061. AUTHORITY TO LEASE CERTAIN MINERALS.

  19. Tex. Natural Resources Code Sec. 53.062. LEASE OF MINERALS SEPARATELY AND TOGETHER. Minerals covered by the provisions of this subchapter may be leased either separately or together.

  20. Tex. Natural Resources Code Sec. 53.063. FORMS. The owner of the surface may lease to any person the minerals covered by this subchapter on lease forms prepared by the land office.

  21. Tex. Natural Resources Code Sec. 53.064. PREREQUISITES FOR EFFECTIVENESS OF LEASE.

  22. Tex. Natural Resources Code Sec. 53.065. PAYMENTS UNDER LEASE.

  23. Tex. Natural Resources Code Sec. 53.066. DAMAGES TO SURFACE. Payments made by the lessee to the owner of the surface as provided in this subchapter and acceptance of the payments by the owner of the surface are in place of all damages to the soil.

  24. Tex. Natural Resources Code Sec. 53.067. PAYMENT PROCEDURE. Royalties and other payments accruing to the state under this subchapter shall be paid to the commissioner in Austin and shall be deposited in the fund to which the minerals belong.

  25. Tex. Natural Resources Code Sec. 53.068. PRODUCTION REPORT AND RECORDS.

  26. Tex. Natural Resources Code Sec. 53.069. FORFEITURE OF LEASE.

  27. Tex. Natural Resources Code Sec. 53.070. REINSTATEMENT OF LEASE.

  28. Tex. Natural Resources Code Sec. 53.071. LIEN. The state has a first lien on all minerals produced from any lease to secure the payment of unpaid royalty or other amounts that are due under this subchapter.

  29. Tex. Natural Resources Code Sec. 53.072. EFFECT OF CERTAIN LAWS. Any rights acquired under Articles 5388 through 5403, Revised Civil Statutes of Texas, 1925, before March 15, 1967, are not affected by the repeal of those articles, and the rights, powers, duties, and obligations conferred or imposed by those articles are governed by those repealed articles.

  30. Tex. Natural Resources Code Sec. 53.073. CERTAIN MINERALS AND LAWS EXEMPT FROM SUBCHAPTER. The provisions of this subchapter do not apply to or affect oil and gas and do not affect the provisions of Subchapter F, Chapter 52 of this code or Subchapter B of this chapter.

  31. Tex. Natural Resources Code Sec. 53.074. AUTHORITY AND DUTIES OF AGENT.

  32. Tex. Natural Resources Code Sec. 53.075. ASSIGNMENT AND TRANSFER. A lease issued under this subchapter may be assigned or transferred at any time in the manner provided by Section 52.026 of this code.

  33. Tex. Natural Resources Code Sec. 53.076. LEASE RELINQUISHMENT. A lease issued under this subchapter may be relinquished to the state at any time in the manner provided by Section 52.027 of this code.

  34. Tex. Natural Resources Code Sec. 53.077. IN KIND ROYALTY.

  35. Tex. Natural Resources Code Sec. 53.078. PENALTY AND INTEREST. A lease issued under this subchapter shall be subject to Sections 52.131(e) through

  36. Tex. Natural Resources Code Sec. 53.079. CONTRACTS AND AGREEMENTS. On the land office's written request, mailed to the lessee's address as shown on its lease or otherwise properly changed in conformity with the terms of the lease, a copy of a contract for the sale or processing of minerals leased under this subchapter and any subsequent agreement or amendment to the contract shall be filed in the land office within 30 days after the date the land office mails the written request. The land office shall treat a contract, agreement, or amendment filed in the land office as confidential unless otherwise authorized by the lessee.

  37. Tex. Natural Resources Code Sec. 53.080. AUDIT INFORMATION CONFIDENTIAL.

  38. Tex. Natural Resources Code Sec. 53.081. LEASE BY OWNER OF THE SOIL.

  39. Tex. Natural Resources Code Sec. 53.111. AUTHORITY TO OPERATE AN AREA AS A UNIT FOR PRODUCTION OF SULPHUR. The commissioner on behalf of the state or any fund that belongs to the state may execute agreements that provide for operating areas as a unit for the exploration, development, and production of sulphur and may commit to the agreements:

  40. Tex. Natural Resources Code Sec. 53.112. APPROVAL OF CERTAIN AGREEMENTS BY SCHOOL LAND BOARD.

  41. Tex. Natural Resources Code Sec. 53.113. APPROVAL OF AGREEMENTS. An agreement that commits the royalty interest in any land not listed in Section 53.112 of this code must be approved by the board, official, agent, agency, or authority of the state which has the authority to lease or to approve the lease of the land for sulphur and must be executed by the commissioner to be effective.

  42. Tex. Natural Resources Code Sec. 53.114. COMMISSIONER'S APPROVAL. Before executing an agreement authorized by Section 53.111 of this code, the commissioner must find that the agreement is in the best interest of the state.

  43. Tex. Natural Resources Code Sec. 53.115. PROVISIONS OF AGREEMENT.

  44. Tex. Natural Resources Code Sec. 53.116. APPLICATION TO UNIVERSITY LAND. None of the provisions of this subchapter apply to any land under the control and management of the Board of Regents of The University of Texas System.

  45. Tex. Natural Resources Code Sec. 53.117. CONSTRUCTION OF SUBCHAPTER.

  46. Tex. Natural Resources Code Sec. 53.118. RATIFICATIONS AND OTHER AGREEMENTS.

  47. Tex. Natural Resources Code Sec. 53.151. LEASE OF CERTAIN AREAS.

  48. Tex. Natural Resources Code Sec. 53.152. LAWS APPLICABLE TO LEASES. Leases of land described by Section 53.151 of this code shall be made in the same procedural manner as leases of that land for oil and gas under Chapter 52 of this code.

  49. Tex. Natural Resources Code Sec. 53.153. CONDITIONS OF LEASE.

  50. Tex. Natural Resources Code Sec. 53.154. ROYALTY RATE. The board shall set the royalty rate on production of sulphur, coal, lignite, salt, and potash from land leased under this subchapter. The royalty rate set must be at least one-eighth of the gross production or the market value of the sulphur produced and at least one-sixteenth of the gross production or the market value of the coal, lignite, salt, and potash produced.

  51. Tex. Natural Resources Code Sec. 53.155. COMPENSATION FOR DAMAGES FROM USE OF SURFACE.

  52. Tex. Natural Resources Code Sec. 53.156. CONTRACTS AND AGREEMENTS. On the land office's written request, mailed to the lessee's address as shown on its lease or otherwise properly changed in conformity with the terms of the lease, a copy of a contract for the sale or processing of minerals leased under this subchapter and any subsequent agreement or amendment to the contract shall be filed in the land office within 30 days after the date the land office mails the written request. The land office shall treat a contract, agreement, or amendment filed in the land office as confidential unless otherwise authorized by the lessee.

  53. Tex. Natural Resources Code Sec. 53.161. DEFINITIONS. In this subchapter:

  54. Tex. Natural Resources Code Sec. 53.162. PERMIT REQUIRED FOR EXPLORATION.

  55. Tex. Natural Resources Code Sec. 53.163. LAWS APPLICABLE TO PERMITS. Permits for geophysical and geochemical exploration under this subchapter shall be issued in the same manner and under the same terms and conditions as permits for oil and gas under Subchapter I of Chapter 52 of this code.

  56. Tex. Natural Resources Code Sec. 53.1631. GROUNDWATER.

Chapter 61

  1. Tex. Natural Resources Code Sec. 61.001. DEFINITIONS. In this chapter:

  2. Tex. Natural Resources Code Sec. 61.011. POLICY AND RULES.

  3. Tex. Natural Resources Code Sec. 61.012. DEFINITION. In this subchapter, "beach" means state-owned beaches to which the public has the right of ingress and egress bordering on the seaward shore of the Gulf of Mexico or any larger area extending from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico if the public has acquired a right of use or easement to or over the area by prescription, dedication, or has retained a right by virtue of continuous right in the public.

  4. Tex. Natural Resources Code Sec. 61.013. PROHIBITION.

  5. Tex. Natural Resources Code Sec. 61.014. DENIAL OF ACCESS BY POSTING.

  6. Tex. Natural Resources Code Sec. 61.015. BEACH ACCESS AND USE PLANS.

  7. Tex. Natural Resources Code Sec. 61.016. BOUNDARIES FOR AREAS WITH NO MARKED VEGETATION LINE.

  8. Tex. Natural Resources Code Sec. 61.017. LINE OF VEGETATION UNAFFECTED BY CERTAIN CONDITIONS.

  9. Tex. Natural Resources Code Sec. 61.0171. TEMPORARY SUSPENSION OF LINE OF VEGETATION DETERMINATION.

  10. Tex. Natural Resources Code Sec. 61.018. ENFORCEMENT.

  11. Tex. Natural Resources Code Sec. 61.0181. ADMINISTRATIVE PENALTY. The commissioner may assess an administrative penalty against a person who violates this chapter or a rule adopted under this chapter in the amount provided by Section 61.018(c) for a civil penalty. In determining the amount of the penalty, the commissioner shall consider:

  12. Tex. Natural Resources Code Sec. 61.0182. ENFORCEMENT PROVISIONS CUMULATIVE. This subchapter is cumulative of all other applicable penalties, remedies, and enforcement and liability provisions.

  13. Tex. Natural Resources Code Sec. 61.0183. REMOVAL OF CERTAIN STRUCTURES, IMPROVEMENTS, OBSTRUCTIONS, BARRIERS, AND HAZARDS ON PUBLIC BEACH.

  14. Tex. Natural Resources Code Sec. 61.0184. NOTICE REQUIREMENTS; ORDERS AND HEARINGS.

  15. Tex. Natural Resources Code Sec. 61.0185. TEMPORARY SUSPENSION OF SUBMISSION OF REQUESTS THAT ATTORNEY GENERAL FILE SUIT.

  16. Tex. Natural Resources Code Sec. 61.019. DECLARATORY JUDGMENT SUITS.

  17. Tex. Natural Resources Code Sec. 61.020. PRIMA FACIE EVIDENCE.

  18. Tex. Natural Resources Code Sec. 61.021. AREA NOT COVERED BY SUBCHAPTER.

  19. Tex. Natural Resources Code Sec. 61.0211. STATE OR NATIONAL PARK COVERED BY SUBCHAPTER. This subchapter applies to any island or peninsula that is a state or national park or wildlife management area regardless of whether the island or peninsula is accessible by public road or ferry facility.

  20. Tex. Natural Resources Code Sec. 61.022. GOVERNMENT AGENCIES AND SUBDIVISIONS.

  21. Tex. Natural Resources Code Sec. 61.023. EFFECT ON LAND TITLES AND PROPERTY ADJACENT TO AND ON BEACHES. The provisions of this subchapter shall not be construed as affecting in any way the title of the owners of land adjacent to any state-owned beach bordering on the seaward shore of the Gulf of Mexico or to the continuation of fences for the retention of livestock across sections of beach which are not accessible to motor vehicle traffic by public road or by beach.

  22. Tex. Natural Resources Code Sec. 61.024. EFFECT OF SUBCHAPTER ON DEFINITION OF PUBLIC BEACH. None of the provisions of this subchapter shall reduce, limit, construct, or vitiate the definition of public beaches which has been defined from time immemorial in law and custom.

  23. Tex. Natural Resources Code Sec. 61.025. DISCLOSURE TO PURCHASER OF PROPERTY.

  24. Tex. Natural Resources Code Sec. 61.026. BEACH ACCESS PUBLIC AWARENESS AND EDUCATION.

  25. Tex. Natural Resources Code Sec. 61.061. PURPOSE. It is the purpose of this subchapter to allocate responsibility for cleaning the beaches of this state and to preserve and protect local initiative in the maintenance and administration of beaches.

  26. Tex. Natural Resources Code Sec. 61.062. PUBLIC POLICY. It is the public policy of this state that the public, individually and collectively, shall have the free and unrestricted right of ingress and egress to and from the state-owned beaches bordering on the seaward shore of the Gulf of Mexico if the public has acquired a right of use or easement to or over the area by prescription, dedication, or continuous use. This creates a responsibility for the state, in its position as trustee for the public to assist local governments in the cleaning of beach areas which are subject to the access rights of the public as defined in Subchapter B of this chapter.

  27. Tex. Natural Resources Code Sec. 61.063. DEFINITIONS. In this subchapter:

  28. Tex. Natural Resources Code Sec. 61.064. APPLICATION OF SUBCHAPTER. This subchapter applies to incorporated cities, towns, and villages that are located or border on the Gulf of Mexico and to all counties that are located or border on the Gulf of Mexico if the city, town, or village or county that makes application for funds under this subchapter has within its boundaries public beaches.

  29. Tex. Natural Resources Code Sec. 61.065. DUTY OF CITIES.

  30. Tex. Natural Resources Code Sec. 61.066. DUTY OF COUNTY.

  31. Tex. Natural Resources Code Sec. 61.067. DUTY OF STATE.

  32. Tex. Natural Resources Code Sec. 61.068. APPLICATION REQUIREMENT. A city or county that seeks state funds under this subchapter to clean the public beaches must submit an application to the land office.

  33. Tex. Natural Resources Code Sec. 61.069. CONTENTS OF APPLICATION. To be approved, the application must provide:

  34. Tex. Natural Resources Code Sec. 61.070. PARKING AND USE FEES. Subsection (4), Section 61.069 of this code shall not be construed to prohibit the assessment of a reasonable fee for off-beach parking or for the use of facilities provided for the use and convenience of the public.

  35. Tex. Natural Resources Code Sec. 61.071. COMPLIANCE BEFORE APPROVAL. The land office shall not approve any application that fails to meet the conditions specified in Section 61.069 of this code.

  36. Tex. Natural Resources Code Sec. 61.072. STATE FUNDS. The land office shall pay to each city or county that has an application approved under Sections 61.068 through 61.070 of this code from appropriations that are made available the state share for cleaning and maintenance of public beaches.

  37. Tex. Natural Resources Code Sec. 61.073. CONDITIONS FOR PAYMENTS. No payments shall be made under this subchapter until the land office finds that:

  38. Tex. Natural Resources Code Sec. 61.074. SUBMISSION OF PROPOSED EXPENDITURES. A city or county that seeks reimbursement under the provisions of this subchapter shall submit to the land office proposed expenditures for cleaning and maintaining the public beaches.

  39. Tex. Natural Resources Code Sec. 61.075. FAIR DISTRIBUTION OF FUNDS. The land office shall distribute the state share to the cities and counties in a fair and impartial manner and under procedures and accounting methods to be adopted by the land office.

  40. Tex. Natural Resources Code Sec. 61.076. LIMITATION ON STATE SHARE.

  41. Tex. Natural Resources Code Sec. 61.077. FUNDS FOR ADMINISTRATIVE PURPOSES AND EMERGENCIES.

  42. Tex. Natural Resources Code Sec. 61.078. AUTHORITY TO SPEND COUNTY FUNDS. The commissioners court of any county located or bordering on the Gulf of Mexico may spend from any available fund the amount it considers necessary to carry out the responsibilities provided in this subchapter.

  43. Tex. Natural Resources Code Sec. 61.079. NOTICE OF INELIGIBILITY. After reasonable notice and opportunity for a hearing to a city or county that is receiving funds under the provisions of this subchapter, if the land office finds that the city or county no longer complies with the requirements of this subchapter, it shall notify the city or county that further payments will not be made until the land office is satisfied that there is no longer any failure to comply.

  44. Tex. Natural Resources Code Sec. 61.080. PUBLIC BEACHES IN INELIGIBLE CITY.

  45. Tex. Natural Resources Code Sec. 61.081. PUBLIC BEACHES IN INELIGIBLE COUNTY.

  46. Tex. Natural Resources Code Sec. 61.082. AUTHORITY OF LOCAL GOVERNMENTS.

  47. Tex. Natural Resources Code Sec. 61.083. EXEMPTIONS FROM SUBCHAPTER. None of the provisions of this subchapter apply to any beach area that does not border on the Gulf of Mexico or to any island or peninsula that is not accessible by a public road or common carrier ferry facility as long as that condition exists.

  48. Tex. Natural Resources Code Sec. 61.121. DEFINITION. In this subchapter, "beach" shall have the same definition as provided in Section 61.012 of this code.

  49. Tex. Natural Resources Code Sec. 61.122. COUNTY REGULATORY AUTHORITY.

  50. Tex. Natural Resources Code Sec. 61.123. NOTICE OF HEARING.

  51. Tex. Natural Resources Code Sec. 61.124. COPIES OF ORDER. The commissioners court shall make copies of the proposed order available to interested persons.

  52. Tex. Natural Resources Code Sec. 61.125. PUBLIC HEARING.

  53. Tex. Natural Resources Code Sec. 61.126. TRAFFIC REGULATIONS. If the order includes a traffic regulation, the order shall provide for signs that are designed and posted in compliance with the current provisions of the Texas Manual on Traffic Control Devices for Streets and Highways, stating the applicable speed limit, parking requirement, or that vehicles are prohibited.

  54. Tex. Natural Resources Code Sec. 61.127. CRIMINAL PENALTIES. In any order adopted under this subchapter, the commissioners court may adopt the following criminal penalties for violation of the order:

  55. Tex. Natural Resources Code Sec. 61.128. ORDER PREVAILS OVER STATE LAW. If an order adopted under this subchapter conflicts with the general law of the state, the order shall control over the state law, and in cases of violation, prosecution may be maintained only under the order.

  56. Tex. Natural Resources Code Sec. 61.129. ORDINANCE PREVAILS OVER ORDER AND STATE LAW.

  57. Tex. Natural Resources Code Sec. 61.130. RIGHTS OF THE PUBLIC. The right of the public to use the public beaches defined in this subchapter is inviolate and is subject only to orders adopted by a commissioners court under this subchapter and to ordinances enacted by an incorporated city, town, or village.

  58. Tex. Natural Resources Code Sec. 61.131. EFFECT OF SUBCHAPTER ON DEFINITION OF PUBLIC BEACH. None of the provisions of this subchapter shall reduce, limit, construct, or vitiate the definition of public beaches which has been defined from time immemorial in law and custom.

  59. Tex. Natural Resources Code Sec. 61.132. CLOSING OF BEACHES FOR SPACE FLIGHT ACTIVITIES.

  60. Tex. Natural Resources Code Sec. 61.161. PUBLIC POLICY. It is the public policy of this state that the state-owned beaches bordering on the seaward shore of the Gulf of Mexico, and any larger area extending from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico, if the public has acquired a right of use or easement to or over the area by the prescription or dedication or has retained a right by virtue of continuous right in the public, shall be used primarily for recreational purposes, and any use which substantially interferes with the enjoyment of the beach area by the public shall constitute an offense against the public policy of the state. Nothing in this subchapter prevents any agency, department, political subdivision, or municipal corporation of this state from exercising its lawful authority under any law of this state to regulate safety conditions on any beach area subject to public use.

  61. Tex. Natural Resources Code Sec. 61.162. FINDINGS.

  62. Tex. Natural Resources Code Sec. 61.163. DEFINITION. In this subchapter, "business establishment" means any structure or vehicle where any commodity including memberships in any private club or other similar organization is offered to the public for sale or lease but does not include any structure or vehicle where only services are offered to the public for sale.

  63. Tex. Natural Resources Code Sec. 61.164. APPLICATION. A person who desires to operate a mobile business establishment on a public beach located outside the municipal limits of an incorporated city shall submit a written application to the county of jurisdiction.

  64. Tex. Natural Resources Code Sec. 61.165. CONTENTS OF APPLICATION. The application shall include:

  65. Tex. Natural Resources Code Sec. 61.166. FILING FEE.

  66. Tex. Natural Resources Code Sec. 61.167. SEPARATE APPLICATIONS. Any applicant who plans to operate more than one mobile business establishment must file a separate application accompanied by a separate filing fee for each mobile business establishment that he seeks to have licensed.

  67. Tex. Natural Resources Code Sec. 61.168. GRANTING LICENSE.

  68. Tex. Natural Resources Code Sec. 61.169. APPLICATIONS NOT TO BE GRANTED. The county shall not grant an application:

  69. Tex. Natural Resources Code Sec. 61.170. LICENSE PROHIBITION AGAINST GLASS CONTAINERS.

  70. Tex. Natural Resources Code Sec. 61.171. ASSIGNMENT. No license issued under this subchapter may be assigned.

  71. Tex. Natural Resources Code Sec. 61.172. TERMINATION AND REVOCATION OF LICENSE.

  72. Tex. Natural Resources Code Sec. 61.173. MAXIMUM TERRITORIAL LIMITS.

  73. Tex. Natural Resources Code Sec. 61.174. ADDITIONAL STANDARDS. In addition to other standards provided in this subchapter, it is the intention of the legislature that the county exercise the authority delegated to it under this subchapter according to the following considerations:

  74. Tex. Natural Resources Code Sec. 61.175. RULES, PROCEDURES, AND CONDITIONS. The county may establish additional rules, procedures, and conditions necessary or appropriate to carry out the purposes of this subchapter.

  75. Tex. Natural Resources Code Sec. 61.176. AREAS EXEMPT FROM SUBCHAPTER. This subchapter does not apply to a public beach that is within the boundaries of a state park designated by the department or to a remote beach on any island or peninsula which is not accessible by public road or common carrier ferry facility as long as that condition exists.

  76. Tex. Natural Resources Code Sec. 61.177. PENALTY. A person, who for himself or on behalf of or under the direction of another person, operates any business establishment, whether mobile or at a fixed or permanent location, on any public beach outside the boundaries of any incorporated city without first obtaining a license to operate the business establishment from the county shall be fined not less than $10 nor more than $200.

  77. Tex. Natural Resources Code Sec. 61.178. ENFORCEMENT. At the request of a county, department game wardens will assist with enforcement of the provisions of this Act, or permits issued hereunder, along with any other state or local law enforcement entities with jurisdiction over public beaches.

  78. Tex. Natural Resources Code Sec. 61.211. FINDINGS. The legislature finds that the unregulated excavation, taking, removal, and carrying away of sand, marl, gravel, and shell from islands and peninsulas bordering on the Gulf of Mexico and from the public beaches of the state constitute a substantial interference with public enjoyment of Texas beaches and a hazard to life and property.

  79. Tex. Natural Resources Code Sec. 61.212. EXEMPTIONS FROM SUBCHAPTER.

  80. Tex. Natural Resources Code Sec. 61.213. APPLICATION. Before a person excavates, takes, removes, or carries away sand, marl, gravel, or shell from land located on an exposed island or peninsula bordering on the Gulf of Mexico or from land located within 1,500 feet of a mainland public beach that is located outside the boundaries of an incorporated city, town, or village, he must submit a written application to the commissioners court of the county in which the excavation, taking, removal, or carrying away is to take place.

  81. Tex. Natural Resources Code Sec. 61.214. CONTENTS OF APPLICATION. The application shall include:

  82. Tex. Natural Resources Code Sec. 61.215. PREREQUISITES TO ISSUANCE OF PERMIT. No permit may be issued by the commissioners court under this subchapter to excavate, take, remove, or carry away sand, marl, gravel, or shell from land owned by the state, public beach, or privately owned land that is subject to this subchapter and that is not located on a public beach, unless the applicant is the owner of the land on which the proposed excavating, taking, removing, or carrying away is to take place or unless the applicant is acting with the knowledge and consent of the owner.

  83. Tex. Natural Resources Code Sec. 61.216. NOTICE OF APPLICATIONS RECEIVED.

  84. Tex. Natural Resources Code Sec. 61.217. PUBLIC HEARING.

  85. Tex. Natural Resources Code Sec. 61.218. NOTICE OF PUBLIC HEARING. Notice of the public hearing shall be published at least once a week for at least two weeks in a newspaper of general circulation in the county.

  86. Tex. Natural Resources Code Sec. 61.219. ISSUANCE OF PERMIT.

  87. Tex. Natural Resources Code Sec. 61.220. RETURN OF FILING FEE. If the commissioners court refuses to issue the permit, the applicant may recover his filing fee from the county treasurer or other official exercising similar authority if there is no county treasurer.

  88. Tex. Natural Resources Code Sec. 61.221. ASSIGNMENT OF PERMITS. No permit may be assigned without the approval of the commissioners court.

  89. Tex. Natural Resources Code Sec. 61.222. TERMINATION AND REVOCATION OF PERMIT. Failure or refusal of the permittee to comply with the terms and conditions of the permit operates as an immediate termination and revocation of all rights conferred by or claimed under the permit.

  90. Tex. Natural Resources Code Sec. 61.223. SUITS FOR ORDERS AND INJUNCTIONS. The attorney general, any county attorney, district attorney, or criminal district attorney of the state shall file in a district court in the county in which the conduct takes place, a suit seeking temporary or permanent court orders or injunctions to prohibit any excavating, taking, removing, or carrying away of any sand, marl, gravel, or shell from land located on an exposed island or peninsula bordering on the Gulf of Mexico or from land located within 1,500 feet of a public beach of this state if the land is located outside the boundaries of an incorporated city, town, or village in violation of the provisions of this subchapter.

  91. Tex. Natural Resources Code Sec. 61.224. PENALTY. A person who for himself or on behalf of or under the direction of another person excavates, takes, removes, or carries away sand, marl, gravel, or shell from land located on an exposed island or peninsula bordering on the Gulf of Mexico or from land located within 1,500 feet of a public beach of this state, if the land is located outside the boundaries of any incorporated city, town, or village, in violation of the provisions of this subchapter shall be fined not less than $10 nor more than $200. Each day a violation occurs constitutes a separate offense.

  92. Tex. Natural Resources Code Sec. 61.225. SAND, MARL, GRAVEL, OR SHELL FROM PUBLIC BEACHES WITHIN INCORPORATED CITIES, TOWNS, OR VILLAGES. No incorporated city, town, or village having within its boundaries a public beach may authorize a person to excavate, take, remove, or carry away any sand, marl, gravel, or shell from the public beach except for the construction of a publicly owned and operated recreational facility or for the construction of a shoreline protection structure.

  93. Tex. Natural Resources Code Sec. 61.226. APPLICATION OF SUBCHAPTER TO CERTAIN ISLANDS AND PENINSULAS. The provisions of this subchapter do not apply to any island or peninsula that is not accessible by a public road or common carrier ferry facility as long as that condition continues.

  94. Tex. Natural Resources Code Sec. 61.227. AUTHORITY OF PARKS AND WILDLIFE DEPARTMENT. None of the provisions of this subchapter may be construed to repeal or modify the provisions of Chapter 86, Parks and Wildlife Code, which relate to the powers and duties of the Parks and Wildlife Department over matters pertaining to the sale, taking, carrying away, or disturbing of sand, marl, gravel, or shell of commercial value and gravel, shells, mud shell, and oyster beds and their protection from free use and unlawful disturbing or appropriation, nor may this subchapter be construed to create additional or supplemental requirements or procedures to those provided in Chapter 86, Parks and Wildlife Code.

  95. Tex. Natural Resources Code Sec. 61.251. DEFINITION. In this subchapter, "mass gathering" means a gathering that attracts or is expected to attract more than 200 individuals who will remain at the location of the gathering for more than two continuous hours.

  96. Tex. Natural Resources Code Sec. 61.252. PERMIT REQUIREMENTS.

  97. Tex. Natural Resources Code Sec. 61.253. INJUNCTION. The county is entitled to appropriate injunctive relief to prevent the violation or threatened violation of an order adopted under this subchapter.

  98. Tex. Natural Resources Code Sec. 61.254. CRIMINAL PENALTY. A person commits an offense if the person violates an order adopted under this chapter. An offense under this section is a Class B misdemeanor.

Chapter 62

  1. Tex. Natural Resources Code Sec. 62.001. APPLICABILITY.

  2. Tex. Natural Resources Code Sec. 62.002. DEFINITION. In this chapter, "board" means the Beach Park Board of Trustees.

  3. Tex. Natural Resources Code Sec. 62.011. PURPOSE AND AUTHORITY. A county located or bordering on the Gulf of Mexico with a beach suitable for park purposes may create a board in the manner provided in this subchapter for the purpose of improving, equipping, maintaining, financing, and operating a public park or parks, or any facilities owned by the county, or to be acquired by the county, or to be managed by the county under the terms of a written contract. The board, to be designated Beach Park Board of Trustees, has the powers and duties specified in this chapter.

  4. Tex. Natural Resources Code Sec. 62.012. METHOD OF CREATING BOARD. A board may be created after a favorable majority vote of the qualified voters of the county voting at an election held on the proposition.

  5. Tex. Natural Resources Code Sec. 62.013. ELECTION.

  6. Tex. Natural Resources Code Sec. 62.041. MEMBERS OF BOARD.

  7. Tex. Natural Resources Code Sec. 62.042. TERM OF OFFICE.

  8. Tex. Natural Resources Code Sec. 62.043. OATH AND BOND.

  9. Tex. Natural Resources Code Sec. 62.044. COMPENSATION; EXPENSES. A trustee serves without compensation but shall be reimbursed for travel and other necessary expenses incurred in the performance of his official duties.

  10. Tex. Natural Resources Code Sec. 62.045. VACANCY. A vacancy on the board shall be filled by appointment of the commissioners court.

  11. Tex. Natural Resources Code Sec. 62.046. OFFICERS OF BOARD.

  12. Tex. Natural Resources Code Sec. 62.047. PARK MANAGER. The board may employ and compensate a manager for any parks or facilities and may give him full authority in the management and operation of the park or parks or facilities subject only to the direction and orders of the board.

  13. Tex. Natural Resources Code Sec. 62.048. LEGAL SERVICES.

  14. Tex. Natural Resources Code Sec. 62.049. EMPLOYEES OF BOARD.

  15. Tex. Natural Resources Code Sec. 62.050. MEETINGS.

  16. Tex. Natural Resources Code Sec. 62.051. BOARD RECORDS.

  17. Tex. Natural Resources Code Sec. 62.052. MANAGEMENT OF FUNDS. The money belonging to or under control of the board shall be deposited and secured in the same manner prescribed by law for county funds.

  18. Tex. Natural Resources Code Sec. 62.053. AUDIT. Independent auditors selected by the board shall make an annual audit of all financial transactions and records of the board.

  19. Tex. Natural Resources Code Sec. 62.054. COURT ACTIONS. The board may sue and be sued in its own name.

  20. Tex. Natural Resources Code Sec. 62.055. SEAL. The board shall adopt a seal which shall be placed on all leases, deeds, and other instruments usually executed under seal and on other instruments required by the board.

  21. Tex. Natural Resources Code Sec. 62.091. LAND UNDER JURISDICTION, MANAGEMENT, AND CONTROL.

  22. Tex. Natural Resources Code Sec. 62.092. PRIORITY OF JURISDICTION.

  23. Tex. Natural Resources Code Sec. 62.093. PARK AUTHORITY. The board may manage, operate, maintain, equip, improve, and finance:

  24. Tex. Natural Resources Code Sec. 62.094. FEE CHARGED. The board may charge and collect a reasonable fee for access or entrance to or parking on the land under its jurisdiction, other than public beaches owned by the county, or use of a facility located on land under its jurisdiction.

  25. Tex. Natural Resources Code Sec. 62.095. USE OF FUNDS.

  26. Tex. Natural Resources Code Sec. 62.096. CONTRACTS, LEASES, AND OTHER AGREEMENTS RELATING TO LAND AND FACILITIES. The board may enter into a contract, lease, or other agreement connected with, incident to, or affecting the financing, construction, equipping, maintenance, or operation of facilities located or to be located on or pertaining to land under its jurisdiction or facilities under its control and may execute and perform its lawful powers and functions on land leased from others.

  27. Tex. Natural Resources Code Sec. 62.097. CONTRACTS, LEASES, AND OTHER AGREEMENTS RELATING TO MANAGEMENT, OPERATION, AND MAINTENANCE OF LAND AND FACILITIES. The board may enter into any contract, lease, or agreement with any person for a period of not more than 40 years relating to the management, operation, and maintenance of a concession, facility, improvement, leasehold, land, or other property over which the board has jurisdiction and control.

  28. Tex. Natural Resources Code Sec. 62.098. CONTRACTS WITH OTHER GOVERNMENTAL AGENCIES. To accomplish any purpose authorized in this chapter, the board may enter into contracts with:

  29. Tex. Natural Resources Code Sec. 62.099. ADVERTISING. The board may publish brochures and otherwise advertise the county's recreational advantages for the purpose of attracting tourists, residents, and other users of the public facilities operated by the board.

  30. Tex. Natural Resources Code Sec. 62.100. RULES. The board may adopt and enforce reasonable rules for the use of parks and facilities under the jurisdiction and control of the board by the public or by lessees, concessionaires, and other persons carrying on a business activity inside the area of the public parks and facilities.

  31. Tex. Natural Resources Code Sec. 62.101. LEGISLATIVE INTENT. It is the intent of the legislature in enacting the provisions of this chapter that the rights established or recognized in Subchapters B and D of Chapter 61 of this code are paramount over any rights or interests that might otherwise be considered created by this chapter, and none of the provisions of this chapter may trench on those rights or encroach on land or interests in land that may ultimately be held subject to those rights.

  32. Tex. Natural Resources Code Sec. 62.131. AUTHORITY TO ISSUE REVENUE BONDS. For the purpose of acquiring, developing, improving, and enlarging public recreational areas and facilities, the board may issue revenue bonds payable solely from:

  33. Tex. Natural Resources Code Sec. 62.132. FORMAL REQUIREMENTS OF BONDS.

  34. Tex. Natural Resources Code Sec. 62.133. SALE OF BONDS. The board shall sell the bonds on the best terms obtainable.

  35. Tex. Natural Resources Code Sec. 62.134. APPROVAL AND REGISTRATION. The bonds shall not be delivered until a transcript of the proceedings authorizing their issuance has been submitted to the attorney general and approved as to legality by the attorney general and the bonds are registered by the comptroller of public accounts.

  36. Tex. Natural Resources Code Sec. 62.135. AUTHORIZED INVESTMENTS. The bonds issued under the provisions of this subchapter are legal and authorized investments for banks, saving banks, trust companies, building and loan associations, insurance companies, fiduciaries, trustees, guardians, and for the sinking funds of cities, towns, villages, counties, school districts, or other political corporations or subdivisions of the state.

  37. Tex. Natural Resources Code Sec. 62.136. SECURITY FOR DEPOSITS. The bonds are eligible to secure the deposit of public funds of the state and public funds of cities, towns, villages, or other political corporations or subdivisions of the state and are lawful and sufficient security for deposits to the extent of their face value when accompanied by all unmatured interest coupons appurtenant to them.

  38. Tex. Natural Resources Code Sec. 62.137. TAX BONDS.

  39. Tex. Natural Resources Code Sec. 62.138. REFUNDING BONDS.

  40. Tex. Natural Resources Code Sec. 62.161. ORDER CALLING ELECTION TO DISSOLVE; NOTICE OF ELECTION.

  41. Tex. Natural Resources Code Sec. 62.162. ELECTION TO DISSOLVE.

  42. Tex. Natural Resources Code Sec. 62.163. ADMINISTRATION OF PROPERTY, DEBTS, AND ASSETS AFTER DISSOLUTION.

Chapter 63

  1. Tex. Natural Resources Code Sec. 63.001. FINDINGS OF FACT. The legislature finds and declares:

  2. Tex. Natural Resources Code Sec. 63.002. DEFINITIONS. In this chapter:

  3. Tex. Natural Resources Code Sec. 63.003. EFFECT OF CHAPTER. The provisions of this chapter do not apply to any dune area not accessible by public road or common carrier ferry facility for as long as that condition exists.

  4. Tex. Natural Resources Code Sec. 63.011. ESTABLISHING DUNE PROTECTION LINE.

  5. Tex. Natural Resources Code Sec. 63.012. LOCATION OF DUNE PROTECTION LINE. The dune protection line shall not be located further landward than a line drawn parallel to and 1,000 feet landward of the line of mean high tide of the Gulf of Mexico.

  6. Tex. Natural Resources Code Sec. 63.013. NOTICE.

  7. Tex. Natural Resources Code Sec. 63.014. MAP AND DESCRIPTION OF DUNE PROTECTION LINE.

  8. Tex. Natural Resources Code Sec. 63.015. DUNE PROTECTION LINE PROHIBITED. No dune protection line may be established within a state or national park area, wildlife refuge, or other designated state or national natural area; provided, however, any state-owned or other public land not specifically exempted by this section shall be subject to the same requirements as private lands except as provided in Sections 31.161 through 31.167 of this code.

  9. Tex. Natural Resources Code Sec. 63.051. PERMIT REQUIREMENT. An owner of land or a person holding an interest in land under the owner who desires to perform or allow any of the acts prohibited in Section 63.091 of this code must apply for a permit from the appropriate commissioners court or municipal governing body.

  10. Tex. Natural Resources Code Sec. 63.052. PERMIT NOT REQUIRED. No permit is required for the following activities:

  11. Tex. Natural Resources Code Sec. 63.053. FEES.

  12. Tex. Natural Resources Code Sec. 63.054. REVIEW.

  13. Tex. Natural Resources Code Sec. 63.055. TERMS AND CONDITIONS OF PERMIT. The commissioners court or governing body of the municipality may include in a permit the terms and conditions it finds necessary to assure the protection of life, natural resources, and property.

  14. Tex. Natural Resources Code Sec. 63.056. NOTICE TO AND COMMENTS OF COMMISSIONER ON PERMITS.

  15. Tex. Natural Resources Code Sec. 63.057. PERMIT FOR CERTAIN ACTIVITY PROHIBITED.

  16. Tex. Natural Resources Code Sec. 63.091. CONDUCT PROHIBITED. Unless a permit is properly issued authorizing the conduct, no person may damage, destroy, or remove a sand dune or portion of a sand dune seaward of a dune protection line or within a critical dune area or kill, destroy, or remove in any manner any vegetation growing on a sand dune seaward of a dune protection line or within a critical dune area.

  17. Tex. Natural Resources Code Sec. 63.093. PROHIBITED OPERATION OF RECREATIONAL VEHICLES. No person may operate a recreational vehicle on a sand dune seaward of the dune protection line in any county in which a dune protection line has been established.

  18. Tex. Natural Resources Code Sec. 63.121. IDENTIFICATION OF CRITICAL DUNE AREAS; RULES.

  19. Tex. Natural Resources Code Sec. 63.122. NOTICE TO COUNTIES. After the commissioner has identified the critical dune areas, notice of the critical dune areas and the rules for their protection shall be given to the commissioners court of each county and the governing body of each municipality in which one or more of these areas is located.

  20. Tex. Natural Resources Code Sec. 63.151. APPEAL BY LITTORAL OWNER. A littoral owner aggrieved by a decision of the commissioners court or governing body of the municipality under this chapter may appeal to a district court in that county.

  21. Tex. Natural Resources Code Sec. 63.152. APPEAL BY COMMISSIONER. The commissioner may appeal to a district court of that county any decision of the commissioners court or governing body of the municipality that the commissioner determines to be a violation of this chapter.

  22. Tex. Natural Resources Code Sec. 63.181. ENFORCEMENT.

  23. Tex. Natural Resources Code Sec. 63.1811. ADMINISTRATIVE PENALTY. The commissioner may assess an administrative penalty for a violation of Section 63.091 or any rule, permit, or order issued under this chapter in the amount established by Section 63.181(b) for a civil penalty. In determining the amount of the penalty, the commissioner shall consider:

  24. Tex. Natural Resources Code Sec. 63.1812. ENFORCEMENT PROVISIONS CUMULATIVE. This subchapter is cumulative of all other applicable penalties, remedies, and enforcement and liability provisions.

  25. Tex. Natural Resources Code Sec. 63.1813. MITIGATION FOR DAMAGE, DESTRUCTION, OR REMOVAL OF DUNE OR DUNE VEGETATION WITHOUT PERMIT.

  26. Tex. Natural Resources Code Sec. 63.1814. NOTICE REQUIREMENTS; ORDERS AND HEARINGS.

Chapter 71

  1. Tex. Natural Resources Code Sec. 71.001. DEFINITION. In this subchapter, "political subdivision" means any body corporate with a recognized and defined area.

  2. Tex. Natural Resources Code Sec. 71.002. AUTHORITY TO LEASE. A political subdivision may lease land owned by it for mineral development, including development of coal and lignite.

  3. Tex. Natural Resources Code Sec. 71.003. GOVERNING BODY TO EXERCISE AUTHORITY. The governing body of the political subdivision which is vested by law with management, control, and supervision of the political subdivision shall exercise the right to lease the land.

  4. Tex. Natural Resources Code Sec. 71.004. NOTICE AND HEARING. Before a lease is made under this subchapter, notice must be given and a public hearing must be held for consideration of bids.

  5. Tex. Natural Resources Code Sec. 71.005. NOTICE OF INTENTION TO LEASE LAND.

  6. Tex. Natural Resources Code Sec. 71.006. RECEIVING BIDS AND AWARDING LEASE. On the date specified in the notice, the governing body of the political subdivision shall receive and consider bids submitted for leasing all or part of the land that was advertised for lease, and the governing body may award the lease to the highest and best bidder who submits a bid.

  7. Tex. Natural Resources Code Sec. 71.007. REJECTION OF BIDS AND ADDITIONAL BIDS. If the governing body believes that the bids submitted to it do not represent the fair value of the leases, the governing body may reject the bids, give notice, and call for additional bids.

  8. Tex. Natural Resources Code Sec. 71.008. GRANT OF LEASE. A lease made under this subchapter, including leases for coal and lignite, may be granted by public auction.

  9. Tex. Natural Resources Code Sec. 71.009. ROYALTY.

  10. Tex. Natural Resources Code Sec. 71.010. LEASE TERM.

  11. Tex. Natural Resources Code Sec. 71.051. DEFINITIONS. In this subchapter:

  12. Tex. Natural Resources Code Sec. 71.052. INSERTING POOLING PROVISIONS IN LEASES. A city, town, or political subdivision may insert in an oil and gas lease or in an oil, gas, and mineral lease executed by it a provision authorizing the lessee to pool the lease, the land or minerals included in the lease, or any part of these with any other land, leases, mineral estates, or parts of any of these to form a drilling or spacing unit for the exploration, development, and production of oil or gas and authorizing the lessee to form the units and accomplish the pooling by written designations filed in the county in which the land is located.

  13. Tex. Natural Resources Code Sec. 71.053. COMPLIANCE WITH GOVERNMENTAL AGENCIES. With respect to land owned by the city or town or other land owned by the political subdivisions, the drilling or spacing units may not be more than the minimum number of acres on which an oil and gas well must be located to comply with the rules or orders of the Railroad Commission of Texas or any other federal or state regulatory body that has authority to control or regulate the spacing of oil and gas wells.

  14. Tex. Natural Resources Code Sec. 71.054. TERMS AND CONDITIONS OF LEASES OF COUNTY SCHOOL LAND. Leases of county school land that are governed by Article VII, Section 6, of the Texas Constitution, may include authorization for the formation of drilling and spacing units on any terms and provisions the commissioners court considers best.

  15. Tex. Natural Resources Code Sec. 71.055. ADDITIONAL TERMS OF LEASES. A lease covered by this subchapter may provide:

  16. Tex. Natural Resources Code Sec. 71.056. AMENDING LEASE. On application of the lessee or present owner of any oil and gas lease or any oil, gas, and mineral lease validly executed before June 4, 1953, by any city, town, or political subdivision, the governing body of the city, town, or political subdivision may amend the lease to include a pooling provision that includes the terms provided in this subchapter.

  17. Tex. Natural Resources Code Sec. 71.057. AUTHORITY TO COMMIT ROYALTY INTERESTS.

Chapter 81

  1. Tex. Natural Resources Code Sec. 81.001. DEFINITIONS. In this chapter:

  2. Tex. Natural Resources Code Sec. 81.002. DEFINITION OF PERSON FOR CERTAIN PROVISIONS. In this chapter:

  3. Tex. Natural Resources Code Sec. 81.01001. SUNSET PROVISION.

  4. Tex. Natural Resources Code Sec. 81.01002. CHAIRMAN. The commissioners shall elect one commissioner as the chairman.

  5. Tex. Natural Resources Code Sec. 81.01003. QUALIFICATIONS FOR OFFICE. A commissioner must be:

  6. Tex. Natural Resources Code Sec. 81.01004. PERSONAL FINANCIAL DISCLOSURE, STANDARDS OF CONDUCT, AND CONFLICT OF INTEREST. A commissioner is subject to the provisions of Chapter 572, Government Code, that apply to elected officers, including the requirements governing personal financial statements, standards of conduct, and conflicts of interest.

  7. Tex. Natural Resources Code Sec. 81.01005. NAME AND SEAL.

  8. Tex. Natural Resources Code Sec. 81.01006. PROCEDURAL RULES. The commissioners may adopt all rules necessary for the commission's government and proceedings.

  9. Tex. Natural Resources Code Sec. 81.01007. SUPPLIES. The commissioners shall be furnished necessary furniture, stationery, supplies, and expenses, to be paid for on the order of the governor.

  10. Tex. Natural Resources Code Sec. 81.01008. SESSIONS. The commission may hold sessions at any place in this state when considered necessary.

  11. Tex. Natural Resources Code Sec. 81.01009. RECORDS RESEARCH FEE. The commission shall charge a person who requests an examination or search of commission records $5 for each half hour or fraction of a half hour that a commission employee spends in the examination or search unless the person requesting the search represents this state or a county.

  12. Tex. Natural Resources Code Sec. 81.01010. FEE FOR COPIES.

  13. Tex. Natural Resources Code Sec. 81.01011. METHOD OF MAKING PAYMENTS TO COMMISSION.

  14. Tex. Natural Resources Code Sec. 81.01012. GIFTS, GRANTS, AND DONATIONS.

  15. Tex. Natural Resources Code Sec. 81.01013. CONFLICT OF INTEREST.

  16. Tex. Natural Resources Code Sec. 81.01014. EQUAL EMPLOYMENT OPPORTUNITY.

  17. Tex. Natural Resources Code Sec. 81.01016. SEPARATION OF RESPONSIBILITIES. The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commissioners and the management responsibilities of the staff of the commission.

  18. Tex. Natural Resources Code Sec. 81.011. CHIEF SUPERVISOR.

  19. Tex. Natural Resources Code Sec. 81.012. QUALIFICATIONS OF CHIEF SUPERVISOR. In addition to other qualifications that may be required by the commission, a person appointed chief supervisor must have had at least five years' experience in some line of the oil or gas business, or in some other business or profession that would provide the necessary knowledge and experience for the performance of his duties.

  20. Tex. Natural Resources Code Sec. 81.013. DEPUTY SUPERVISORS, ASSISTANTS, AND CLERICAL PERSONNEL. The commission may appoint a chief deputy supervisor, deputy supervisors, assistants, and clerical personnel necessary to execute the laws relating to oil and gas.

  21. Tex. Natural Resources Code Sec. 81.014. QUALIFICATIONS OF CHIEF DEPUTY SUPERVISOR. A person appointed chief deputy supervisor must have had at least three years' experience in oil and gas field work.

  22. Tex. Natural Resources Code Sec. 81.015. QUALIFICATIONS OF DEPUTY SUPERVISORS. Any person appointed deputy supervisor must have had at least two years' experience in oil and gas field work, including substantial experience in drilling or production.

  23. Tex. Natural Resources Code Sec. 81.016. SALARIES. The salary of the chief supervisor, the chief deputy supervisor, and the deputy supervisors shall be the same as that provided in the General Appropriations Act.

  24. Tex. Natural Resources Code Sec. 81.0165. SALARY OF SECRETARY. The salary of the secretary of the commission shall be the amount appropriated for that purpose by the legislature.

  25. Tex. Natural Resources Code Sec. 81.017. ADDITIONAL EMPLOYEES. The commission may employ gaugers, inspectors, investigators, supervisors, and clerical employees. These employees shall include a chief engineer, chief petroleum engineer, and an administrative chief, and their salaries shall be paid in the amounts provided in the General Appropriations Act.

  26. Tex. Natural Resources Code Sec. 81.018. PAYMENT OF SALARIES AND OTHER EXPENSES.

  27. Tex. Natural Resources Code Sec. 81.019. DUTIES OF CHIEF SUPERVISOR, CHIEF DEPUTY SUPERVISOR, DEPUTY SUPERVISORS, AND OTHER EMPLOYEES. The chief supervisor, chief deputy supervisor, deputy supervisors, and other employees shall perform the duties prescribed by the commission in conformity with rules of the commission relating to the production, transportation, and conservation of crude oil and natural gas.

  28. Tex. Natural Resources Code Sec. 81.020. ADDITIONAL DUTIES OF CHIEF SUPERVISOR AND HIS DEPUTIES.

  29. Tex. Natural Resources Code Sec. 81.021. INTELLECTUAL PROPERTY.

  30. Tex. Natural Resources Code Sec. 81.051. JURISDICTION OF COMMISSION.

  31. Tex. Natural Resources Code Sec. 81.052. RULES. The commission may adopt all necessary rules for governing and regulating persons and their operations under the jurisdiction of the commission as set forth in Section 81.051, including such rules as the commission may consider necessary and appropriate to implement state responsibility under any federal law or rules governing such persons and their operations.

  32. Tex. Natural Resources Code Sec. 81.0521. FEE FOR APPLICATION FOR EXCEPTION TO RAILROAD COMMISSION RULE.

  33. Tex. Natural Resources Code Sec. 81.0522. NATURAL GAS POLICY ACT APPLICATION FEE.

  34. Tex. Natural Resources Code Sec. 81.0523. EXCLUSIVE JURISDICTION AND EXPRESS PREEMPTION.

  35. Tex. Natural Resources Code Sec. 81.053. COMMISSION POWERS. In the discharge of its duties and the enforcement of its jurisdiction under this title, the commission shall:

  36. Tex. Natural Resources Code Sec. 81.0531. ADMINISTRATIVE PENALTY.

  37. Tex. Natural Resources Code Sec. 81.0532. PENALTY ASSESSMENT PROCEDURE.

  38. Tex. Natural Resources Code Sec. 81.0533. PAYMENT OF PENALTY; REFUND.

  39. Tex. Natural Resources Code Sec. 81.0534. RECOVERY OF PENALTY. Civil penalties owed under Sections 81.0531-81.0533 of this code may be recovered in a civil action brought by the attorney general at the request of the commission.

  40. Tex. Natural Resources Code Sec. 81.054. ENFORCEMENT BY ATTORNEY GENERAL.

  41. Tex. Natural Resources Code Sec. 81.055. PIPELINE SYSTEM FINANCIAL RESPONSIBILITY REQUIREMENTS.

  42. Tex. Natural Resources Code Sec. 81.056. CONTAMINATION REPORT.

  43. Tex. Natural Resources Code Sec. 81.057. EXEMPTION FROM CERTAIN PURCHASING RULES. The commission is not required to follow any purchasing procedures prescribed by or under Subchapter E, Chapter 2155, Government Code, when the commission makes a purchase in connection with the remediation of surface locations or well plugging.

  44. Tex. Natural Resources Code Sec. 81.058. ADMINISTRATIVE PENALTY FOR CERTAIN NATURAL GAS-RELATED ACTIVITIES.

  45. Tex. Natural Resources Code Sec. 81.059. APPOINTMENT OF MEDIATORS FOR INFORMAL COMPLAINTS.

  46. Tex. Natural Resources Code Sec. 81.0591. COMPLAINTS.

  47. Tex. Natural Resources Code Sec. 81.0592. CONSUMER INTEREST INFORMATION.

  48. Tex. Natural Resources Code Sec. 81.060. CONFIDENTIALITY PROVISIONS.

  49. Tex. Natural Resources Code Sec. 81.061. AUTHORITY TO ESTABLISH MARKET-BASED RATES.

  50. Tex. Natural Resources Code Sec. 81.062. PUBLIC PARTICIPATION. The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the jurisdiction of the commission.

  51. Tex. Natural Resources Code Sec. 81.063. ISSUANCE, SUSPENSION, OR REVOCATION OF LICENSE, PERMIT, OR CERTIFICATE.

  52. Tex. Natural Resources Code Sec. 81.064. POWERS OF COMMISSIONER OR DESIGNATED EMPLOYEE IN CASES BEFORE COMMISSION.

  53. Tex. Natural Resources Code Sec. 81.065. ALTERNATIVE DISPUTE RESOLUTION POLICY.

  54. Tex. Natural Resources Code Sec. 81.066. OIL AND GAS DIVISION MONITORING AND ENFORCEMENT STRATEGIC PLAN.

  55. Tex. Natural Resources Code Sec. 81.067. OIL AND GAS REGULATION AND CLEANUP FUND.

  56. Tex. Natural Resources Code Sec. 81.068. PURPOSES OF OIL AND GAS REGULATION AND CLEANUP FUND. Money in the oil and gas regulation and cleanup fund may be used by the commission or its employees or agents for any purpose related to the regulation of oil and gas development, including oil and gas monitoring and inspections, oil and gas remediation, and oil and gas well plugging, the study and evaluation of electronic access to geologic data and surface casing depths necessary to protect usable groundwater in this state, the administration of pipeline safety and regulatory programs, public information and services related to those activities, and administrative costs and state benefits for personnel involved in those activities.

  57. Tex. Natural Resources Code Sec. 81.069. REPORTING ON PROGRESS IN MEETING PERFORMANCE GOALS FOR THE OIL AND GAS REGULATION AND CLEANUP FUND.

  58. Tex. Natural Resources Code Sec. 81.070. ESTABLISHMENT OF SURCHARGES ON FEES.

  59. Tex. Natural Resources Code Sec. 81.071. PIPELINE SAFETY AND REGULATORY FEES.

  60. Tex. Natural Resources Code Sec. 81.072. VERIFICATION BY CONTRACTORS.

  61. Tex. Natural Resources Code Sec. 81.073. CRITICAL NATURAL GAS FACILITIES AND ENTITIES.

  62. Tex. Natural Resources Code Sec. 81.075. TEXAS HYDROGEN PRODUCTION POLICY COUNCIL.

  63. Tex. Natural Resources Code Sec. 81.091. INCRIMINATING TESTIMONY. If a witness fails or refuses to appear on being summoned, to answer any question he is asked, or to produce any record or data required by subpoena, the claim that the testimony may tend to incriminate the person giving it does not excuse the witness from testifying or producing the records and data, but the evidence or testimony may not be used against the person on the trial of any criminal proceeding.

  64. Tex. Natural Resources Code Sec. 81.092. FEE FOR EXECUTING PROCESS. The sheriff or constable executing process shall receive the compensation authorized by the commission.

  65. Tex. Natural Resources Code Sec. 81.093. DEPOSITIONS.

  66. Tex. Natural Resources Code Sec. 81.115. APPROPRIATIONS TO COMMISSION FOR OIL AND GAS REGULATION AND CLEANUP PURPOSES. Money appropriated to the commission under the General Appropriations Act for the purposes described by Section 81.068 shall be paid from the oil and gas regulation and cleanup fund or other fund indicated by the appropriation.

  67. Tex. Natural Resources Code Sec. 81.116. OIL-FIELD CLEANUP REGULATORY FEE ON OIL.

  68. Tex. Natural Resources Code Sec. 81.117. OIL-FIELD CLEANUP REGULATORY FEE ON GAS.

  69. Tex. Natural Resources Code Sec. 81.151. PENALTY FOR CAMPAIGNING. A person who receives a salary from funds provided under this title and who uses his time or a state-owned automobile for campaign purposes or for the purpose of furthering the candidacy of his employer or any other candidate for state office is guilty of a misdemeanor and on conviction shall be fined not less than $100 nor more than $500 and shall be confined in jail for not less than 30 nor more than 90 days.

  70. Tex. Natural Resources Code Sec. 81.152. DISCHARGE AND INELIGIBILITY. A person found guilty under Section 81.151 of this code shall be discharged immediately from his position and shall be ineligible for employment by the state in the future.

  71. Tex. Natural Resources Code Sec. 81.153. SETTING CIVIL COMPLAINT FOR HEARING. If a citizen of this state files a civil complaint with a district court in Travis County charging an employee with use of his time or a state-owned automobile for campaign purposes or to further the candidacy of his employer or any other candidate for state office, the court shall set the complaint for hearing at a time not less than 10 nor more than 20 days after the day on which the complaint is filed.

  72. Tex. Natural Resources Code Sec. 81.154. NOTICE TO EMPLOYEE. The court shall have notice of the hearing served on the employee against whom the complaint was filed at least five days before the date of the hearing.

  73. Tex. Natural Resources Code Sec. 81.155. COURT'S ORDER. At the hearing, if the court determines that the employee has used his time or a state-owned automobile as charged in the complaint, the court shall certify the fact to the department, agency, or commission which employs the person and order the employee's immediate discharge.

  74. Tex. Natural Resources Code Sec. 81.156. APPEAL. Any person against whom charges have been filed is entitled to appeal to the court of appeals, but the pendency of the appeal does not suspend his discharge.

Chapter 82

  1. Tex. Natural Resources Code Sec. 82.0101. DEFINITION. In this chapter, "oil and gas operation" has the meaning assigned by Section 81.0523.

  2. Tex. Natural Resources Code Sec. 82.0102. ENFORCEMENT OF CERTAIN FEDERAL LAWS REGULATING OIL AND GAS OPERATIONS.

Chapter 85

  1. Tex. Natural Resources Code Sec. 85.001. DEFINITIONS.

  2. Tex. Natural Resources Code Sec. 85.002. ANTITRUST AND MONOPOLY STATUTES.

  3. Tex. Natural Resources Code Sec. 85.011. SUPERVISORS, DEPUTY SUPERVISORS, AND UMPIRES. The commission shall employ all supervisors, deputy supervisors, and umpires necessary to carry out the provisions of this chapter and other related laws and rules and orders of the commission.

  4. Tex. Natural Resources Code Sec. 85.012. ASSISTANTS AND CLERICAL HELP. The commission shall employ other assistants and clerical help necessary to carry out the provisions of this chapter and other related laws and rules and orders of the commission.

  5. Tex. Natural Resources Code Sec. 85.013. PERSONS ENFORCING RULES AND ORDERS. A person entrusted with the enforcement of the rules and orders of the commission shall be a regular employee of the state and paid by the state. No person other than a regular employee of the state may be charged with or relied on for the performance of these duties.

  6. Tex. Natural Resources Code Sec. 85.041. ACTS PROHIBITED IN VIOLATION OF LAWS, RULES, AND ORDERS.

  7. Tex. Natural Resources Code Sec. 85.042. RULES AND ORDERS.

  8. Tex. Natural Resources Code Sec. 85.043. APPLICATION OF CERTAIN RULES AND ORDERS. If the commission requires a showing that refined products were manufactured from oil legally produced, the requirement shall be of uniform application throughout the state; provided that, if the rule or order is promulgated for the purpose of controlling a condition in any local area or preventing a violation in any local area, then on the complaint of a person that the same or similar conditions exist in some other local area and the promulgation and enforcement of the rule could be beneficially applied to that additional area, the commission may determine whether or not those conditions do exist, and if it is shown that they do, the rule or order may be enlarged to include the additional area.

  9. Tex. Natural Resources Code Sec. 85.044. EXEMPT PURCHASES. The provisions of Sections 85.041 through 85.043 of this code do not apply to the purchase of products of oil if made by the ultimate consumer from a retail distributor of the products.

  10. Tex. Natural Resources Code Sec. 85.045. WASTE ILLEGAL AND PROHIBITED. The production, storage, or transportation of oil or gas in a manner, in an amount, or under conditions that constitute waste is unlawful and is prohibited.

  11. Tex. Natural Resources Code Sec. 85.046. WASTE.

  12. Tex. Natural Resources Code Sec. 85.047. EXCLUSION FROM DEFINITION OF WASTE. The use of gas produced from an oil well within the permitted gas-oil ratio for manufacture of natural gasoline shall not be included in the definition of waste.

  13. Tex. Natural Resources Code Sec. 85.048. AUTHORITY TO LIMIT PRODUCTION.

  14. Tex. Natural Resources Code Sec. 85.049. HEARING.

  15. Tex. Natural Resources Code Sec. 85.050. PROCEDURE AT HEARING.

  16. Tex. Natural Resources Code Sec. 85.051. ADOPTION OF RULE OR ORDER. If the commission finds at the hearing that waste is taking place or is reasonably imminent, it shall adopt a rule or order in the manner provided by law as it considers reasonably required to correct, prevent, or lessen the waste.

  17. Tex. Natural Resources Code Sec. 85.052. COMPLIANCE WITH RULE OR ORDER. From and after the promulgation of a rule or order of the commission, it is the duty of each person affected by the rule or order to comply with it.

  18. Tex. Natural Resources Code Sec. 85.053. DISTRIBUTION, PRORATION, AND APPORTIONMENT OF ALLOWABLE PRODUCTION.

  19. Tex. Natural Resources Code Sec. 85.054. ALLOWABLE PRODUCTION OF OIL.

  20. Tex. Natural Resources Code Sec. 85.055. ALLOWABLE PRODUCTION OF GAS.

  21. Tex. Natural Resources Code Sec. 85.056. PUBLIC INTEREST. In the administration of the provisions of this chapter that were formerly a part of Chapter 2, Acts of the 42nd Legislature, 4th Called Session, 1932, as amended, the commission shall take into consideration and protect the rights and interests of the purchasing and consuming public in oil and all its products, such as gasoline and lubricating oil.

  22. Tex. Natural Resources Code Sec. 85.057. RESTRICTION ON UNEXPLORED TERRITORY. The provisions of this chapter that were formerly a part of Chapter 2, Acts of the 42nd Legislature, 4th Called Session, 1932, as amended, shall not be construed to grant the commission any authority to restrict or in any manner limit the drilling of wells to explore for oil or gas or both in territory that is not known to produce either oil or gas.

  23. Tex. Natural Resources Code Sec. 85.058. COMMISSION INQUIRY AND DETERMINATION. From time to time, the commission may inquire into the production, storage, transportation, refining, reclaiming, treating, marketing, and processing of oil and gas, and the reasonable market demand for oil and gas, so that it may determine whether or not waste exists or is imminent or whether the oil and gas conservation laws of this state or the rules and orders of the commission promulgated under those laws are being violated.

  24. Tex. Natural Resources Code Sec. 85.059. RECORDS. Each person who produces, stores, transports, refines, reclaims, treats, markets, or processes oil or gas or the products of either shall keep in this state accurate records of the amount of oil or gas which such person produced, stored, transported, refined, reclaimed, treated, marketed, or processed and of the source from which the person produced, obtained, or received the oil or gas or the products of either and the disposition made of them.

  25. Tex. Natural Resources Code Sec. 85.060. SWORN STATEMENTS AND REPORTS. The commission may require a person who produces, stores, transports, refines, reclaims, treats, markets, or processes oil or gas or the products of either to make and file with the commission sworn statements or reports as to facts within his knowledge or possession pertaining to the reasonable market demand for oil and to the production, storage, transportation, refining, reclaiming, treating, marketing, or processing of oil or gas and the products of either. The report shall include those facts enumerated in Section 85.059 of this code.

  26. Tex. Natural Resources Code Sec. 85.061. INSPECTION AND GAUGING. The commission may require any well, lease, refinery, plant, tank or storage, pipeline, or gathering line that belongs to or is under the control of a person who produces, stores, transports, refines, reclaims, treats, markets, or processes oil or gas or the products of either to be inspected or gauged by the agents of the commission whenever and as often as and for such periods as the commission considers necessary.

  27. Tex. Natural Resources Code Sec. 85.062. EXAMINATION OF BOOKS AND RECORDS. The commission and its agents and the attorney general and his assistants and representatives may examine the books and records of a person who produces, stores, transports, refines, reclaims, treats, markets, or processes oil or gas or the products of either as often as considered necessary for the purpose of determining the facts concerning matters covered by Sections 85.058 through 85.061 of this code.

  28. Tex. Natural Resources Code Sec. 85.063. VIOLATIONS BY CORPORATIONS.

  29. Tex. Natural Resources Code Sec. 85.064. ACTION AGAINST CORPORATION.

  30. Tex. Natural Resources Code Sec. 85.065. INFORMAL COMPLAINT PROCESS REGARDING LOSS OF OR INABILITY TO ACCOUNT FOR NATURAL GAS GATHERED OR TRANSPORTED.

  31. Tex. Natural Resources Code Sec. 85.121. DEFINITIONS.

  32. Tex. Natural Resources Code Sec. 85.122. WELLS CONSIDERED AS MARGINAL WELLS. Wells that are considered marginal wells include any oil well in this state that is incapable of producing its maximum daily capacity of oil except by pumping, gas lift, or other means of artificial lift and having:

  33. Tex. Natural Resources Code Sec. 85.123. CURTAILMENT OF MARGINAL WELL PRODUCTION AS WASTE. To artificially curtail the production of a marginal well below the marginal limit as set out in Sections 85.121 through 85.122 of this code before the marginal well's ultimate plugging and abandonment is declared to be waste.

  34. Tex. Natural Resources Code Sec. 85.124. RULES AND ORDERS RESTRICTING MARGINAL WELLS. No rule or order of the commission or of any other constituted legal authority shall be adopted requiring the restriction of the production of a marginal well.

  35. Tex. Natural Resources Code Sec. 85.125. EFFECT OF OTHER SUBCHAPTERS. None of the provisions of this chapter that were formerly a part of Chapter 26, Acts of the 42nd Legislature, 1st Called Session, 1931, as amended, Chapter 2, Acts of the 42nd Legislature, 4th Called Session, 1932, as amended, or Chapter 76, General Laws, Acts of the 44th Legislature, Regular Session, 1935, as amended, authorize or may be construed to limit, modify, or repeal the provisions of this subchapter.

  36. Tex. Natural Resources Code Sec. 85.201. ADOPTION OF RULES AND ORDERS. The commission shall make and enforce rules and orders for the conservation of oil and gas and prevention of waste of oil and gas.

  37. Tex. Natural Resources Code Sec. 85.202. PURPOSES OF RULES AND ORDERS.

  38. Tex. Natural Resources Code Sec. 85.2021. DRILLING PERMIT FEE.

  39. Tex. Natural Resources Code Sec. 85.203. CONSIDERATIONS IN ADOPTING RULES AND ORDERS TO PREVENT WASTE. The commission may consider any or all of the definitions of waste stated in Section 85.046 of this code, whenever the facts, circumstances, or conditions make them applicable, in adopting rules or orders to prevent waste of oil or gas.

  40. Tex. Natural Resources Code Sec. 85.204. PROHIBITED RULES AND ORDERS. The commission is not authorized to adopt a rule or order or to make a determination or holding that any mode, manner, or process of refining oil constitutes waste.

  41. Tex. Natural Resources Code Sec. 85.205. NOTICE AND HEARING. No rule or order pertaining to the conservation of oil and gas or to the prevention of waste of oil and gas may be adopted by the commission except after notice and hearing as provided by law.

  42. Tex. Natural Resources Code Sec. 85.206. EMERGENCY ORDER.

  43. Tex. Natural Resources Code Sec. 85.207. EFFECT OF AMENDMENT, REPEAL, OR EXPIRATION OF A RULE OR ORDER. The amendment, repeal, or expiration of a rule or order of the commission adopted under the provisions of this chapter that were formerly a part of Chapter 76, General Laws, Acts of the 44th Legislature, Regular Session, 1935, as amended, or the provisions of Title 102, Revised Civil Statutes of Texas, 1925, as amended, including provisions of this code formerly included in that title, shall not have the effect of releasing or discharging from liability, penalty, or forfeiture any person violating the rule or order before the effective date of the amendment, repeal, or expiration. Prosecutions and suits for these violations, liabilities, penalties, and forfeitures shall be instituted and proceeded with in all respects as if the rule or order had not been amended or repealed, or had not expired.

  44. Tex. Natural Resources Code Sec. 85.241. SUITS BY INTERESTED PERSONS. Any interested person who is affected by the conservation laws of this state or orders of the commission relating to oil or gas and the waste of oil or gas, and who is dissatisfied with any of these laws or orders, may file suit against the commission or its members in a court of competent jurisdiction in Travis County to test the validity of the law or order.

  45. Tex. Natural Resources Code Sec. 85.242. EXPEDITIOUS TRIAL. A suit brought under Section 85.241 of this code shall be advanced for trial and shall be determined as expeditiously as possible. No postponement or continuance shall be granted except for reasons considered imperative by the court.

  46. Tex. Natural Resources Code Sec. 85.243. BURDEN OF PROOF. In the trial of a suit brought under Section 85.241 of this code, the burden of proof shall be on the party complaining of the law or order, and the law or order is deemed prima facie valid.

  47. Tex. Natural Resources Code Sec. 85.244. CONDITIONS FOR INJUNCTIVE RELIEF. No temporary restraining order, temporary or permanent injunction, or other form of injunctive relief may be granted against the commission, its members, agents, and representatives to restrain it or them from enforcing any rule or order adopted by the commission under the oil and gas conservation laws of this state or from enforcing any of these laws unless notice is given to the commission and a hearing is held as provided in this subchapter.

  48. Tex. Natural Resources Code Sec. 85.245. NOTICE TO COMMISSION.

  49. Tex. Natural Resources Code Sec. 85.246. INTERVENTION IN SUIT. In the discretion of the court, any person who is interested in the subject matter of the suit may intervene.

  50. Tex. Natural Resources Code Sec. 85.247. RULES AND ORDERS PRIMA FACIE VALID. The rule or order complained of in the suit is prima facie valid, and the use and introduction of the verified petition of the plaintiff shall not be sufficient to overcome the prima facie validity of the rule or order or to authorize the court to grant any injunctive relief against the enforcement of the rule or order.

  51. Tex. Natural Resources Code Sec. 85.248. BOND. Before an order granting injunctive relief against an oil and gas conservation law, rule, or order of the commission becomes effective, the plaintiff shall be required by the court to execute a bond with good and sufficient sureties in a reasonably sufficient amount determined by the court to indemnify any persons whom the court may find from the facts proven will suffer damage as a result of the violation of the law, rule, or order in question. The persons shall be named in the order of the judge at the time the amount of the bond is fixed by the court and entered in the record.

  52. Tex. Natural Resources Code Sec. 85.249. CONDITIONS OF BOND.

  53. Tex. Natural Resources Code Sec. 85.250. CHANGING AMOUNT, PARTIES, AND SURETIES. On a motion and for good cause shown, and after notice to the parties, the court periodically may:

  54. Tex. Natural Resources Code Sec. 85.251. SUITS ON BONDS. A suit on a bond must be instituted within six months from the date of the final determination of the validity in whole or in part of the rule or order.

  55. Tex. Natural Resources Code Sec. 85.252. INADMISSIBLE EVIDENCE. A finding by the court that any party is likely to suffer damage is not admissible as evidence of damages in a suit on the bond.

  56. Tex. Natural Resources Code Sec. 85.253. APPEAL. After notice and hearing on an application for injunctive relief, either party to the suit is entitled to appeal the judgment or order granting or refusing the temporary restraining order, temporary or permanent injunction, or other form of injunctive relief or granting or overruling a motion to dissolve the temporary restraining order, temporary or permanent injunction, or other form of injunctive relief.

  57. Tex. Natural Resources Code Sec. 85.254. APPEAL HAS PRECEDENCE. The appeal is returnable at once to the appellate court and the action appealed shall have precedence in the appellate court over all cases, proceedings, and causes of a different character that are pending.

  58. Tex. Natural Resources Code Sec. 85.255. EARLY DECISION BY COURT OF APPEALS. The court of appeals shall decide the question in the appeal at as early a date as possible.

  59. Tex. Natural Resources Code Sec. 85.256. APPEAL PROCEDURES. The provisions and requirements of Article 4662, Revised Civil Statutes of Texas, 1925, as amended, and Rule 385 of the Texas Rules of Civil Procedure, as amended, relating to temporary injunctions, apply to appeals from any order granting or refusing a temporary restraining order, or granting or overruling a motion to dissolve a temporary restraining order under the provisions of this subchapter.

  60. Tex. Natural Resources Code Sec. 85.257. CERTIFIED QUESTIONS AND WRITS OF ERROR.

  61. Tex. Natural Resources Code Sec. 85.258. AUTHORITY OF COURT OF APPEALS TO ISSUE WRITS. The court of appeals and its judges have the jurisdiction to issue writs of prohibition, mandamus, and injunction to prevent the enforcement of any order or judgment of a trial court or judge who grants any type of injunctive relief without notice and hearing in violation of the requirements of Sections 85.244 and 85.245 of this code.

  62. Tex. Natural Resources Code Sec. 85.259. ISSUANCE OF WRITS BY COURT OF APPEALS. If it appears that the provisions of Sections 85.244 and 85.245 of this code have not been complied with, then on proper application from the commission to the court of appeals having jurisdiction, the court shall issue instanter the necessary writs of prohibition, mandamus, or injunction to prohibit and restrain the trial judge from enforcing or attempting to enforce the provisions of the injunction issued by him and to prohibit and restrain the party or parties in whose favor the order is entered from acting or attempting to act under the protection of the order or from violating the law, rule, or order of the commission attacked.

  63. Tex. Natural Resources Code Sec. 85.291. REQUEST FOR RECEIVER. If a rule or order of the commission has been finally adjudicated to be valid in whole or part in a suit to which the commission is a party, and if after that time a party to the suit or other proceedings in which the rule or order was declared valid violates the rule, order, or judgment or shall thereafter use or permit to be used any property owned or controlled by him in violation of the rule, order, or judgment, the commission shall make application to the judge of the trial court setting out the rule, order, or judgment and stating that the party subsequent to the date of the judgment violated or is violating the rule, order, or judgment and requesting that a receiver be appointed as provided in this subchapter.

  64. Tex. Natural Resources Code Sec. 85.292. APPOINTMENT OF RECEIVER AND BOND. After an application is submitted as provided in Section 85.291 of this code, the judge of the trial court, after notice and hearing, may appoint a receiver of the property involved or used in violation of the rule, order, or judgment and shall set a proper bond for the receiver.

  65. Tex. Natural Resources Code Sec. 85.293. DUTIES OF RECEIVER. As soon as the receiver is qualified, he shall take possession of the property and shall perform his duties as receiver of the property under the orders of the court, strictly observing the rule, order, or judgment.

  66. Tex. Natural Resources Code Sec. 85.294. DISSOLUTION OF RECEIVERSHIP. A party whose property is placed in receivership may move to dissolve the receivership and to discharge the receiver on the terms the court may prescribe.

  67. Tex. Natural Resources Code Sec. 85.321. SUIT FOR DAMAGES. A party who owns an interest in property or production that may be damaged by another party violating the provisions of this chapter that were formerly a part of Chapter 26, Acts of the 42nd Legislature, 1st Called Session, 1931, as amended, or another law of this state prohibiting waste or a valid rule or order of the commission may sue for and recover damages and have any other relief to which he may be entitled at law or in equity. Provided, however, that in any action brought under this section or otherwise, alleging waste to have been caused by an act or omission of a lease owner or operator, it shall be a defense that the lease owner or operator was acting as a reasonably prudent operator would act under the same or similar facts and circumstances.

  68. Tex. Natural Resources Code Sec. 85.322. PROCEEDINGS NOT TO IMPAIR SUIT FOR DAMAGES. None of the provisions of this chapter that were formerly a part of Chapter 26, Acts of the 42nd Legislature, 1st Called Session, 1931, as amended, no suit by or against the commission, and no penalties imposed on or claimed against any party violating a law, rule, or order of the commission shall impair or abridge or delay a cause of action for damages or other relief that an owner of land or a producer of oil or gas, or any other party at interest, may have or assert against any party violating any rule or order of the commission or any judgment under this chapter.

  69. Tex. Natural Resources Code Sec. 85.351. SUIT FOR INJUNCTION.

  70. Tex. Natural Resources Code Sec. 85.352. TYPES OF COURT ORDERS. In the suit, the commission in the name of the state may obtain prohibitory and mandatory injunctions, including temporary restraining orders and temporary injunctions, that the facts may warrant.

  71. Tex. Natural Resources Code Sec. 85.353. APPOINTMENT OF RECEIVER.

  72. Tex. Natural Resources Code Sec. 85.381. PENALTY FOR VIOLATION OF LAWS, RULES, AND ORDERS.

  73. Tex. Natural Resources Code Sec. 85.382. VENUE. The penalty provided in Section 85.381 of this code shall be recovered in a court of competent jurisdiction in Travis County, in the county in which the violation occurred, or in the county of the residence of any defendant.

  74. Tex. Natural Resources Code Sec. 85.383. SUIT. By direction of the commission, the suit to recover the penalty shall be instituted and conducted in the name of the state by the attorney general or by the county or district attorney in the county in which the suit is brought.

  75. Tex. Natural Resources Code Sec. 85.384. EFFECT OF RECOVERY OR PAYMENT OF PENALTY. The recovery or payment of the penalty shall not authorize the violation of any provision of Section 85.045 or 85.046 of this code, Title 102, Revised Civil Statutes of Texas, 1925, as amended, including provisions of this code formerly included in that title, or any rule or order of the commission adopted under those laws.

  76. Tex. Natural Resources Code Sec. 85.385. PERSONS AIDING OR ABETTING VIOLATION. Any person who aids or abets any other person in violating Section 85.045 or 85.046 of this code, Title 102, Revised Civil Statutes of Texas, 1925, as amended, including provisions of this code formerly included in that title, or any rule or order adopted by the commission under those laws is subject to the same penalties as provided in Section 85.381 of this code.

  77. Tex. Natural Resources Code Sec. 85.3855. ADMINISTRATIVE PENALTY.

  78. Tex. Natural Resources Code Sec. 85.386. FORGING NAMES ON PERMITS AND TENDERS. A person shall be imprisoned in the Texas Department of Criminal Justice for not less than two nor more than five years if he:

  79. Tex. Natural Resources Code Sec. 85.387. PROCURING TENDERS AND PERMITS. A person shall be imprisoned in the Texas Department of Criminal Justice for not less than two nor more than five years if he:

  80. Tex. Natural Resources Code Sec. 85.388. POSSESSING A FORGED PERMIT OR TENDER. Any person who knowingly has in his possession a forged tender or permit of the commission relating to oil or gas or any product or by-product of oil or gas for the purpose of transporting, handling, or selling oil or gas shall be guilty of a misdemeanor and on conviction shall be fined not less than $25 nor more than $1,000 or shall be confined in the county jail for not less than 30 days nor more than one year, or both.

  81. Tex. Natural Resources Code Sec. 85.389. CRIMINAL PENALTY.

Chapter 86

  1. Tex. Natural Resources Code Sec. 86.001. DECLARATION OF POLICY. In recognition of past, present, and imminent evils occurring in the production and use of gas as a result of waste in this production and use of gas in the absence of correlative opportunities of owners of gas in a common reservoir to produce and use the gas, the provisions of this chapter are enacted for the protection of public and private interests against these evils by prohibiting waste and compelling ratable production.

  2. Tex. Natural Resources Code Sec. 86.002. DEFINITIONS. In this chapter:

  3. Tex. Natural Resources Code Sec. 86.003. DETERMINATION OF SEPARATE WELLS. If oil or gas, or both, is produced through different strings of casing set in the same well bore, the inner string through which oil or gas, or both, is produced shall be regarded as one well, and each successive additional string of casing through which oil or gas, or both, is produced from a different producing horizon through the same well bore shall be regarded as another well.

  4. Tex. Natural Resources Code Sec. 86.004. APPLICABILITY. The provisions in this chapter do not impair the authority of the commission to prevent waste under the oil and gas conservation laws of this state and do not repeal, modify, or impair any of the provisions relating to oil and gas conservation in Sections 85.002, 85.041 through 85.055, 85.056 through 85.064, 85.125, 85.201 through 85.207, 85.241 through 85.243, 85.249 through 85.252, and 85.381 through 85.385, Subchapter J of Chapter 85, and Subchapter P of Chapter 91.

  5. Tex. Natural Resources Code Sec. 86.011. PROHIBITION AGAINST WASTE. The production, transportation, or use of gas in a manner, in an amount, or under conditions which constitute waste is unlawful and is prohibited.

  6. Tex. Natural Resources Code Sec. 86.012. DEFINITION OF WASTE.

  7. Tex. Natural Resources Code Sec. 86.041. IN GENERAL. The commission has broad discretion in administering the provisions of this chapter and may adopt any rule or order in the manner provided by law that it finds necessary to effectuate the provisions and purposes of this chapter.

  8. Tex. Natural Resources Code Sec. 86.042. RULES AND ORDERS. The commission shall adopt and enforce rules and orders to:

  9. Tex. Natural Resources Code Sec. 86.043. DETERMINING GAS-OIL RATIO. The commission may fix and determine the gas-oil ratio of all oil wells in the state but none of the provisions of this chapter may be construed to authorize the limitation of the production of marginal wells below the amount fixed by statute. If a restriction imposed by the commission on the production of oil from an oil well operates to increase the gas-oil ratio of the well so as to then classify it as a gas well under the provisions of this chapter, the well nevertheless shall be considered to be an oil well.

  10. Tex. Natural Resources Code Sec. 86.044. WEATHER EMERGENCY PREPAREDNESS.

  11. Tex. Natural Resources Code Sec. 86.081. REGULATION OF PRODUCTION.

  12. Tex. Natural Resources Code Sec. 86.082. EXERCISE OF AUTHORITY TO PREVENT WASTE. The commission shall exercise its authority to prevent waste when the presence or imminence of waste is supported by a finding based on the evidence introduced at a hearing after proper notice.

  13. Tex. Natural Resources Code Sec. 86.083. EXERCISE OF AUTHORITY TO ADJUST CORRELATIVE RIGHTS AND OPPORTUNITIES. The commission shall exercise its authority to adjust correlative rights and opportunities of each owner of gas in a common reservoir to produce and use or sell the gas when evidence introduced at a hearing after proper notice will support a finding made by the commission that the aggregate lawful volume of the open flow or daily potential capacity to produce of all gas wells located in a common reservoir is in excess of the daily reasonable market demand for gas from gas wells that may be produced from the common reservoir, to be used as permitted in this chapter.

  14. Tex. Natural Resources Code Sec. 86.084. DETERMINATION OF STATUS OF PRODUCTION.

  15. Tex. Natural Resources Code Sec. 86.085. DETERMINATION OF DEMAND AND VOLUME. On or before the last day of each month, the commission or a person authorized by the commission shall determine:

  16. Tex. Natural Resources Code Sec. 86.086. MONTHLY RESERVOIR ALLOWABLE. After determining demand for and volume of production from a prorated reservoir as provided in Section 86.085, the commission shall fix the monthly reservoir allowable of gas to be produced from the reservoir at the lawful market demand for the gas or at the volume that can be produced from the reservoir without waste, whichever is the smaller quantity.

  17. Tex. Natural Resources Code Sec. 86.087. MONTHLY WELL ALLOWABLE. The monthly reservoir allowable shall be allocated among all wells entitled to produce gas from a prorated reservoir to give each well its fair share of the gas to be produced from the reservoir, but each well is restricted to the amount of gas that can be produced from it without waste. The volume of gas allocated to each well is the monthly allowable for that well.

  18. Tex. Natural Resources Code Sec. 86.088. DAILY ALLOWABLE. The daily market demand for gas and the daily allowable shall be determined by dividing the monthly demand and the monthly allowable by the number of days in the month.

  19. Tex. Natural Resources Code Sec. 86.089. FACTORS IN DETERMINING ALLOWABLE.

  20. Tex. Natural Resources Code Sec. 86.090. AUTHORIZING OVERPRODUCTION AND UNDERPRODUCTION.

  21. Tex. Natural Resources Code Sec. 86.091. MARGINAL GAS WELL AND LIMITS ON WELL RESTRICTIONS. A "marginal gas well," as applied to a well classified by the commission as a gas well, means a well that is incapable of producing under normal operating conditions more than 250,000 cubic feet of gas per day. None of the provisions of this chapter shall require the commission to limit the production from a marginal gas well to a quantity less than its actual deliverability if the well:

  22. Tex. Natural Resources Code Sec. 86.093. EFFECT OF OIL AND GAS STRATUM ON GAS ONLY STRATUM. If gas is produced from one stratum and oil and gas are produced from another stratum in the same well bore, the commission shall take into account the amount of gas produced from the oil stratum in determining the amount of gas that may be produced from the stratum producing gas only. The commission may subtract the amount of the casinghead gas produced from the dry gas that would be allocated to the well if it produced dry gas and may restrict the dry gas production accordingly.

  23. Tex. Natural Resources Code Sec. 86.094. AUTHORITY TO INCREASE TAKE ABOVE ALLOWABLE. If unforeseen contingencies increase the demand for gas required by a distributor, transporter, or purchaser to an amount in excess of the total allowable production of the wells in a prorated reservoir to which the person is connected, the distributor, transporter, or purchaser may increase the person's take ratably from all these wells in order to supply the person's demand for gas, provided that notice of the increase and the amount of the increase are given to the commission within five days; and provided further, the commission shall adjust the inequality of withdrawals caused by the increase in fixing the allowable production of the various wells in the common reservoir or zone.

  24. Tex. Natural Resources Code Sec. 86.095. ZONING COMMON RESERVOIRS.

  25. Tex. Natural Resources Code Sec. 86.096. FAILURE TO USE OR SELL ALLOWABLE PRODUCTION. If the commission finds that the owner of a gas well failed or refused to use or sell the allowable production from his well when the owner was offered a connection or market for the gas at a reasonable price, the well shall be excluded from consideration in allocating the daily allowable production from the reservoir or zone in which it is located until the owner of the well signifies to the commission his desire to use or sell the gas. In all other cases, all gas wells shall be taken into account in allocating the allowable production among wells producing the same type of gas.

  26. Tex. Natural Resources Code Sec. 86.097. PRODUCTION OF GAS FROM OIL WELL. No person in possession of or operating an oil well may produce from the oil well gas found in a horizon productive of gas only.

  27. Tex. Natural Resources Code Sec. 86.141. DUTY TO TEST GAS WELLS. The commission may require persons producing gas from any gas well to determine periodically through an appropriate test the deliverability and wellhead pressure of each gas well from which gas is produced.

  28. Tex. Natural Resources Code Sec. 86.142. TEST REQUIREMENTS. A test to determine the deliverability and pressure of a gas well shall be made:

  29. Tex. Natural Resources Code Sec. 86.143. TEST REPORTS.

  30. Tex. Natural Resources Code Sec. 86.144. DEMANDING SECOND TEST. A person producing gas from the same common reservoir who is dissatisfied with the test as made and reported may demand that a second test be made in the manner provided in this subchapter and in the presence of the person making the demand or his representative.

  31. Tex. Natural Resources Code Sec. 86.145. DUTY TO TEST METER. The commission shall require one of its duly authorized agents to inspect, read, or test any meter or meters through which gas is being measured or gauged on the request of a lessor, lessee, operator, or royalty owner from whose land, lease, or royalty interest gas is being produced.

  32. Tex. Natural Resources Code Sec. 86.181. USE OF SWEET GAS PRODUCED FROM GAS WELL. No sweet gas produced from a gas well may be used for any purpose except:

  33. Tex. Natural Resources Code Sec. 86.182. USE OF SOUR GAS. In addition to the purposes for which sweet gas produced from a gas well may be used, sour gas may be used for efficient chemical manufacturing purposes including the manufacture of carbon black provided:

  34. Tex. Natural Resources Code Sec. 86.183. USE OF CASINGHEAD GAS. Casinghead gas may be used for any beneficial purpose, which includes the manufacture of natural gasoline.

  35. Tex. Natural Resources Code Sec. 86.184. USE AS GAS LIFT.

  36. Tex. Natural Resources Code Sec. 86.185. PROHIBITION AGAINST GAS IN AIR. No gas from a gas well may be permitted to escape into the air after the expiration of 10 days from the time the gas is encountered in the gas well, or from the time of perforating the casing opposite a gas-bearing zone if casing is set through the zone, whichever is later, but the commission may permit the escape of gas into the air for an additional time if the operator of a well or other facility presents information to show the necessity for the escape; provided that the amount of gas which is flared under that authority is charged to the operator's allowable production. A necessity includes but is not limited to the following situations:

  37. Tex. Natural Resources Code Sec. 86.221. UNAUTHORIZED PRODUCTION PROHIBITED. No person may produce gas from a gas well in violation of the valid orders of the commission.

  38. Tex. Natural Resources Code Sec. 86.222. PENALTIES.

  39. Tex. Natural Resources Code Sec. 86.223. SUIT FOR PENALTY. The penalty may be recovered with the cost of suit by the State of Texas through the attorney general or the county or district attorney when joined by the attorney general in a civil action instituted in Travis County, in the county in which the violation occurred, or in the county of residence of the defendant.

  40. Tex. Natural Resources Code Sec. 86.224. SUIT FOR INJUNCTION. A violation or threatened violation of this chapter may be enjoined by any court of competent jurisdiction in which the suit for penalty may be brought. The court may issue mandatory or prohibitory writs of injunction that the facts justify.

  41. Tex. Natural Resources Code Sec. 86.225. JUDICIAL REVIEW. Any person affected by an order of the commission adopted under the authority of this chapter is entitled to judicial review of that order in a manner other than trial de novo.

Chapter 87

  1. Tex. Natural Resources Code Sec. 87.001. DEFINITIONS. In this chapter, the words "oil," "gas," "commission," "common reservoir," "gas well," "oil well," "sour gas," "sweet gas," "natural gasoline," "cubic foot of gas," and "casinghead gas" are defined as provided in Section 86.002 of this code.

  2. Tex. Natural Resources Code Sec. 87.011. RULES AND ORDERS.

  3. Tex. Natural Resources Code Sec. 87.012. VALIDITY.

  4. Tex. Natural Resources Code Sec. 87.013. HEARINGS. From time to time, the commission shall hold hearings, after proper notice, to hear evidence and to adopt rules and orders to enforce the provisions of this chapter.

  5. Tex. Natural Resources Code Sec. 87.014. INSPECTION OF RECORDS; REPORTS. In addition to authority given by existing law, the commission or its agents may:

  6. Tex. Natural Resources Code Sec. 87.051. LIMITATION OF SOUR GAS PRODUCTION. No person may produce sour gas from any sour gas well in a reservoir producing both sweet and sour gas in excess of the daily allowable production for the gas well as fixed by the orders and schedules of the commission. The rate of production from a sour gas well is considered to be the daily average rate of production for the calendar month.

  7. Tex. Natural Resources Code Sec. 87.052. MAXIMUM PRODUCTION OF SOUR GAS FOR CARBON BLACK MANUFACTURE.

  8. Tex. Natural Resources Code Sec. 87.053. EFFECT OF DEMAND BELOW MAXIMUM ALLOWABLE PRODUCTION.

  9. Tex. Natural Resources Code Sec. 87.054. EFFECT OF DEMAND FOR OTHER PURPOSES THAN CARBON BLACK MANUFACTURE.

  10. Tex. Natural Resources Code Sec. 87.091. PROHIBITED COMMINGLING OF GAS. In a plant for the extraction of natural gasoline content of gas, no sweet gas may be commingled with sour gas and no casinghead gas may be commingled with sweet gas or sour gas or both, except on the conditions and requirements stated in this subchapter.

  11. Tex. Natural Resources Code Sec. 87.092. PERMIT REQUIRED. In any common reservoir in this state producing both sweet and sour gas, no person may operate a plant for the extraction of the natural gasoline content of gas in which sweet gas and sour gas are commingled, or plant casinghead gas is commingled with either sweet gas or sour gas or both, until the person secures from the commission a permit authorizing the operation of the plant.

  12. Tex. Natural Resources Code Sec. 87.093. ISSUANCE OF PERMIT. The commission shall issue a permit if it appears that the plant is being operated and the residue gas from the plant is and will be disposed of in accordance with the provisions of this subchapter.

  13. Tex. Natural Resources Code Sec. 87.094. CANCELLATION OF PERMIT.

  14. Tex. Natural Resources Code Sec. 87.095. RESIDUE GAS ALLOWED IN AIR.

  15. Tex. Natural Resources Code Sec. 87.096. RESIDUE GAS: DETERMINATION BY COMMISSION. If a plant operating under this subchapter commingles casinghead gas with sweet gas or sweet gas with sour gas, the commission shall ascertain:

  16. Tex. Natural Resources Code Sec. 87.097. USE OF RESIDUE GAS FOR OTHER PURPOSES.

  17. Tex. Natural Resources Code Sec. 87.131. USE OF SWEET GAS FOR CARBON BLACK MANUFACTURE. Sweet gas produced from any gas well in this state may be used without the prior extraction of its gasoline content for the manufacture of carbon black if it is used in a plant producing an average recovery of not less than five pounds of carbon black for each 1,000 cubic feet of gas.

  18. Tex. Natural Resources Code Sec. 87.132. USE OF GAS FROM CERTAIN WELLS FOR CARBON BLACK MANUFACTURE.

  19. Tex. Natural Resources Code Sec. 87.134. EFFECT OF SUBCHAPTER. The provisions of this subchapter are cumulative of existing laws relating to the uses of gas and do not restrict or affect the manufacture of carbon black from processed sour gas as authorized by Section 86.182 of this code.

  20. Tex. Natural Resources Code Sec. 87.171. GAS CONTAINING LOW HYDROCARBON CONTENT. Any natural gas, including casinghead gas, produced from any gas well or oil well in this state, containing less than one and one-half gallons of propane and heavier hydrocarbons per 1,000 cubic feet, as determined by fractional analysis made of the gas, may be used for the manufacture of carbon black in a plant producing an average recovery of at least one and one-half pounds of carbon black for each 1,000 cubic feet of gas consumed.

  21. Tex. Natural Resources Code Sec. 87.172. GAS CONTAINING HIGH HYDROCARBON CONTENT.

  22. Tex. Natural Resources Code Sec. 87.173. ADDITIONAL EXTRACTION TO ALLEVIATE SHORTAGE. If a general shortage of propane or heavier liquid hydrocarbons occurs, the commission, after notice and hearing, may require additional extraction of hydrocarbons from the gas to alleviate the shortage, but additional extraction shall not be required if it is not economically feasible to do so.

  23. Tex. Natural Resources Code Sec. 87.174. APPLICABILITY OF THIS SUBCHAPTER. The provisions of this subchapter shall not apply to:

  24. Tex. Natural Resources Code Sec. 87.211. PROHIBITED LOCATION. Unless adequate precaution is taken to minimize the emission of smoke from the plant, no channel-type carbon black plant shall be erected or constructed closer than five miles to:

  25. Tex. Natural Resources Code Sec. 87.241. PENALTY.

  26. Tex. Natural Resources Code Sec. 87.242. INJUNCTIVE RELIEF.

Chapter 88

  1. Tex. Natural Resources Code Sec. 88.001. DEFINITIONS. In this chapter:

  2. Tex. Natural Resources Code Sec. 88.011. ADOPTION OF RULES.

  3. Tex. Natural Resources Code Sec. 88.012. RULES AND ORDERS RELATING TO RECORDS AND REPORTS. The rules and orders of the governmental agency relating to records and reports shall prescribe the form in which the records and reports will be made and kept, but the records and reports shall contain the data and information provided for in this chapter.

  4. Tex. Natural Resources Code Sec. 88.013. NOTICE BY PUBLICATION.

  5. Tex. Natural Resources Code Sec. 88.051. PRODUCTION PROHIBITED IN EXCESS OF ALLOWABLE AMOUNT. No person owning, leasing, operating, producing, or controlling an oil property or any oil well in this state may produce or cause to be produced on any day from any oil property or oil well any oil in excess of the amount allowed to be produced each day from the oil property or oil well under an order previously adopted by the governmental agency and in force at the time.

  6. Tex. Natural Resources Code Sec. 88.052. PROHIBITED PASSAGE FROM CONTROL OF PRODUCER WITHOUT MEASUREMENT AND RECORD OF AMOUNT. No person owning, leasing, operating, or controlling an oil property in this state may permit the oil or gas produced to pass beyond the possession or control of that person to the possession or control of any other person without first accurately measuring the amount of the oil or gas and making and preserving an accurate record of the amount.

  7. Tex. Natural Resources Code Sec. 88.053. PROHIBITED EVASION OR PREVENTION OF ACCURATE MEASUREMENT. No person owning, leasing, operating, or controlling an oil property in this state may use a method or device to evade or prevent obtaining the accurate measurement as provided in Section 88.052 of this code.

  8. Tex. Natural Resources Code Sec. 88.0531. CRIMINAL PENALTY.

  9. Tex. Natural Resources Code Sec. 88.054. PASSAGE FROM CONTROL OF PRODUCER PROHIBITED IF TANK NOT UNDER HIS CONTROL. No person owning, leasing, operating, or controlling an oil property may permit oil produced by him in this state to pass from his possession or control to the possession or control of any other person except from a tank or tanks under the control of the person producing the oil.

  10. Tex. Natural Resources Code Sec. 88.055. PRODUCTION PROHIBITED WITHOUT FLARE. If the gas from a well producing both oil and gas is not trapped and used and the gas is capable of being burned in a flare, no person owning, leasing, operating, or controlling an oil property in this state may produce oil from the well at any time without simultaneously and continuously burning a flare to consume all gas that otherwise would be permitted to escape into the open air. The Railroad Commission of Texas shall have the authority to grant exceptions to this section.

  11. Tex. Natural Resources Code Sec. 88.056. IDENTIFYING SIGNS. Each oil property in this state, each tank owned or controlled by such person to which the property is connected, and each flare to which the property is connected shall be posted at all times with a sign written in the English language with letters at least one inch in height, stating:

  12. Tex. Natural Resources Code Sec. 88.091. ACCESS TO PROPERTY AND RECORDS. The governmental agency shall have access at all times to:

  13. Tex. Natural Resources Code Sec. 88.092. PROHIBITED INTERFERENCE WITH ACCESS AND INSPECTION. No person may:

  14. Tex. Natural Resources Code Sec. 88.093. PROHIBITED EQUIPMENT OR ENCLOSURE. No person owning, leasing, operating, or controlling an oil property in this state may equip or enclose his oil property, or any part of his oil property, in a manner that:

  15. Tex. Natural Resources Code Sec. 88.094. PROHIBITED GIFT OR GRATUITY. No person may corruptly give, offer, or promise to give a member of the governmental agency, chief supervisor, deputy supervisor, or any agent or employee of the governmental agency a gift or gratuity with intent to influence the officer or person in his acts or conduct with respect to:

  16. Tex. Natural Resources Code Sec. 88.131. VENUE. The courts of the county in which the oil property or any part of the oil property is located and with respect to which a violation of the provisions of this chapter is charged, the courts of Travis County, or the courts of the county of the residence of any defendant, have jurisdiction of all prosecutions for violations of the provisions of this chapter.

  17. Tex. Natural Resources Code Sec. 88.132. SERVICE OF PROCESS.

  18. Tex. Natural Resources Code Sec. 88.133. RESPONSIBILITY FOR COMPLIANCE AND LIABILITY TO PROSECUTION. The president of each corporation, the chief managing executive of each association, all active members of each firm and partnership, and all trustees of each trust subject to the provisions of this chapter shall be responsible for the compliance with the terms of this chapter by the corporation, association, firm, partnership, or trust of which he is, respectively, president, chief managing executive, member, or trustee, and he shall be liable to prosecution under and subject to the criminal penalties provided in this chapter for violations of this chapter by the respective corporation, association, firm, partnership, or trust of which he has actual knowledge or to which he assents.

  19. Tex. Natural Resources Code Sec. 88.134. PENALTIES.

  20. Tex. Natural Resources Code Sec. 88.135. CIVIL PENALTIES AND INJUNCTIONS. In addition to the powers specifically granted to the commission under this chapter, the commission may enforce this chapter or any rule, order, or permit of the commission adopted under this chapter in the same manner and subject to the same conditions as provided by Chapters 81 and 85 of this code, including recovering civil penalties and seeking injunctive relief as provided by those chapters.

Chapter 89

  1. Tex. Natural Resources Code Sec. 89.001. POLICY. The conservation and development of all the natural resources of this state are declared to be a public right and duty. It is also declared that the protection of water and land of the state against pollution or the escape of oil or gas is in the public interest. In the exercise of the police power of the state, it is necessary and desirable to provide additional means so that wells that are drilled for the exploration, development, or production of oil or gas, or as injection or salt water disposal wells, and that have been abandoned and are leaking salt water, oil, gas, or other deleterious substances into freshwater formations or on the surface of the land, may be plugged, replugged, or repaired by or under the authority and direction of the commission.

  2. Tex. Natural Resources Code Sec. 89.002. DEFINITIONS.

  3. Tex. Natural Resources Code Sec. 89.003. APPLICABILITY. The provisions of this chapter do not alter causes of action arising before August 30, 1965.

  4. Tex. Natural Resources Code Sec. 89.011. DUTY OF OPERATOR.

  5. Tex. Natural Resources Code Sec. 89.012. DUTY OF NONOPERATOR. If the operator of a well fails to comply with Section 89.011 of this code, each nonoperator is responsible for his proportionate share of the cost of the proper plugging of the well within a reasonable time, according to the rules of the commission in effect at the time the responsibility attaches.

  6. Tex. Natural Resources Code Sec. 89.021. APPLICABILITY. This subchapter does not apply to a bay or offshore well as defined by commission rules.

  7. Tex. Natural Resources Code Sec. 89.022. PLUGGING OF INACTIVE WELLS REQUIRED.

  8. Tex. Natural Resources Code Sec. 89.023. EXTENSION OF DEADLINE FOR PLUGGING INACTIVE WELL.

  9. Tex. Natural Resources Code Sec. 89.024. ABEYANCE OF PLUGGING REPORT.

  10. Tex. Natural Resources Code Sec. 89.025. ENHANCED OIL RECOVERY PROJECT.

  11. Tex. Natural Resources Code Sec. 89.026. FLUID LEVEL OR HYDRAULIC PRESSURE TEST.

  12. Tex. Natural Resources Code Sec. 89.027. SUPPLEMENTAL FINANCIAL ASSURANCE.

  13. Tex. Natural Resources Code Sec. 89.028. ESCROW FUNDS.

  14. Tex. Natural Resources Code Sec. 89.029. AFFIRMATION REGARDING SURFACE REQUIREMENTS.

  15. Tex. Natural Resources Code Sec. 89.030. REVOCATION OF EXTENSION OF DEADLINE FOR PLUGGING INACTIVE WELL. The commission may revoke an extension of the deadline for plugging an inactive well granted under this subchapter if the commission determines, after notice and an opportunity for a hearing, that the applicant is ineligible for the extension under the commission's rules or orders.

  16. Tex. Natural Resources Code Sec. 89.041. DETERMINING PROPER PLUGGING. If it comes to the attention of the commission that a well that has been abandoned or is not being operated is causing or is likely to cause pollution of fresh water above or below the ground or if gas or oil is escaping from the well, the commission may determine at a hearing, after due notice, whether or not the well was properly plugged as provided in Section 89.011 or Section 89.012 of this code.

  17. Tex. Natural Resources Code Sec. 89.042. COMMISSION ORDER TO PLUG.

  18. Tex. Natural Resources Code Sec. 89.043. PLUGGING BY COMMISSION.

  19. Tex. Natural Resources Code Sec. 89.044. RIGHT TO ENTER ON LAND.

  20. Tex. Natural Resources Code Sec. 89.045. LIABILITY FOR DAMAGES.

  21. Tex. Natural Resources Code Sec. 89.046. PENALTIES AND OTHER RELIEF. The plugging or replugging of a well by the commission does not prevent the commission from seeking penalties or other relief provided by law from any person who is required by law, rules adopted by the commission, or a valid order of the commission to plug the well.

  22. Tex. Natural Resources Code Sec. 89.047. ORPHANED WELL REDUCTION PROGRAM.

  23. Tex. Natural Resources Code Sec. 89.048. PLUGGING OF WELL BY SURFACE ESTATE OWNER.

  24. Tex. Natural Resources Code Sec. 89.049. PLUGGING OR REPLUGGING OF ORPHANED WELL BY OIL AND GAS LESSEE OR MINERAL ESTATE OWNER.

  25. Tex. Natural Resources Code Sec. 89.050. OPERATOR REPORT. For each inactive well for which 15 years have elapsed from the date on which the relevant well completion report was filed with the commission, an operator must submit an annual report to the commission with information regarding the results of a successful fluid level test or hydraulic pressure test of the well conducted in accordance with commission rules. The report must include appropriate documentation of the results of the test.

  26. Tex. Natural Resources Code Sec. 89.051. RULEMAKING.

  27. Tex. Natural Resources Code Sec. 89.081. CAUSE OF ACTION FOR DISPROPORTIONATE SHARE OF COST. If an operator or nonoperator owns only a partial interest in the well or oil and gas and the operator or nonoperator pays a larger proportion of the cost of plugging the well than his proportionate interest in the well or oil and gas, he has a cause of action against the other operators and nonoperators for their proportionate shares of the cost of plugging.

  28. Tex. Natural Resources Code Sec. 89.083. FIRST LIEN ON EQUIPMENT; CAUSE OF ACTION IF COMMISSION PLUGS.

  29. Tex. Natural Resources Code Sec. 89.084. MONEY PAID COMMISSION BY PRIVATE PERSON.

  30. Tex. Natural Resources Code Sec. 89.085. POSSESSION AND SALE OF EQUIPMENT TO COVER PLUGGING COSTS.

  31. Tex. Natural Resources Code Sec. 89.086. CLAIMS AGAINST OIL AND GAS REGULATION AND CLEANUP FUND.

  32. Tex. Natural Resources Code Sec. 89.087. JUDICIAL REVIEW OF COMMISSION DECISIONS; IMMUNITY FROM SUIT AND LIABILITY.

  33. Tex. Natural Resources Code Sec. 89.088. RECORD OF REQUEST FOR NOTICE BY LIENHOLDER OR NONOPERATOR; FORM; FEE.

  34. Tex. Natural Resources Code Sec. 89.121. ENFORCEMENT BY COMMISSION.

  35. Tex. Natural Resources Code Sec. 89.122. APPEAL TO COURTS. Any person affected by the provisions of this chapter may sue to test the validity of any order adopted by the commission under this chapter in the same manner, on the same conditions, and to the same court or courts as prescribed for suits testing the validity of orders of the commission adopted under the general oil conservation statutes of this state.

Chapter 90

  1. Tex. Natural Resources Code Sec. 90.001. RATIFICATION. The Interstate Compact to Conserve Oil and Gas, executed in the City of Dallas, on February 16, 1935, by the Governor of Texas, the text of which is set out in Section 90.007 of this code, was ratified by the legislature of this state in Chapter 81, General Laws, Acts of the 44th Legislature, Regular Session, 1935.

  2. Tex. Natural Resources Code Sec. 90.002. ORIGINAL COPY. The original copy of the compact is on deposit with the Department of State of the United States.

  3. Tex. Natural Resources Code Sec. 90.003. REPRESENTATIVE.

  4. Tex. Natural Resources Code Sec. 90.0031. ANNUAL REPORT. Before October 1 of each year, the office of the Interstate Oil Compact Commissioner for Texas shall prepare and file with the presiding officer of each house of the legislature a complete and detailed written report describing the activities of the office relating to this state's participation in the Interstate Compact to Conserve Oil and Gas and accounting for all funds received and disbursed by the office during the preceding fiscal year. The report must be included as a part of the annual financial report of the governor's office.

  5. Tex. Natural Resources Code Sec. 90.004. EXTENSION.

  6. Tex. Natural Resources Code Sec. 90.005. FORM OF AGREEMENT. The agreement to extend the Interstate Compact to Conserve Oil and Gas, which the governor is authorized to execute for the state, shall be in substance as follows:

  7. Tex. Natural Resources Code Sec. 90.006. WITHDRAWAL FROM COMPACT.

  8. Tex. Natural Resources Code Sec. 90.007. TEXT OF COMPACT. The Interstate Compact to Conserve Oil and Gas reads as follows:

Chapter 91

  1. Tex. Natural Resources Code Sec. 91.001. DEFINITIONS. In this chapter:

  2. Tex. Natural Resources Code Sec. 91.002. CRIMINAL PENALTY.

  3. Tex. Natural Resources Code Sec. 91.003. ADDITIONAL ENFORCEMENT AUTHORITY.

  4. Tex. Natural Resources Code Sec. 91.011. CASING.

  5. Tex. Natural Resources Code Sec. 91.0115. CASING; LETTER OF DETERMINATION.

  6. Tex. Natural Resources Code Sec. 91.012. WATER IN WELLS.

  7. Tex. Natural Resources Code Sec. 91.013. PLUGGING AND SHUTTING IN WELLS BY OTHERS.

  8. Tex. Natural Resources Code Sec. 91.014. PETITION TO RESTRAIN WASTE.

  9. Tex. Natural Resources Code Sec. 91.015. PREVENTION OF WASTE. Operators, contractors, drillers, pipeline companies, and gas distributing companies that drill for or produce oil or gas or pipe oil or gas for any purpose shall use every possible precaution in accordance with the most approved methods to stop and prevent waste of oil, gas, or both oil and gas in drilling and producing operations, storage, piping, and distribution and shall not wastefully use oil or gas or allow oil or gas to leak or escape from natural reservoirs, wells, tanks, containers, or pipes.

  10. Tex. Natural Resources Code Sec. 91.016. CONFINING GAS TO ORIGINAL STRATUM.

  11. Tex. Natural Resources Code Sec. 91.017. USING GAS IN THE OPEN AIR.

  12. Tex. Natural Resources Code Sec. 91.018. ILLUMINATION. No person, copartnership, or corporation may use gas for illuminating purposes in flambeau lights. The use of "jumbo" burners or other burners consuming no more gas than the "jumbo" burners is not prohibited.

  13. Tex. Natural Resources Code Sec. 91.019. STANDARDS FOR CONSTRUCTION, OPERATION, AND MAINTENANCE OF ELECTRICAL POWER LINES.

  14. Tex. Natural Resources Code Sec. 91.020. ELECTRONIC GEOLOGIC DATA. The commission shall work cooperatively with other appropriate state agencies to study and evaluate electronic access to geologic data and surface casing depths necessary to protect usable groundwater in this state.

  15. Tex. Natural Resources Code Sec. 91.051. TITLE. This subchapter may be cited as the Standard Gas Measurement Law.

  16. Tex. Natural Resources Code Sec. 91.052. DEFINITION.

  17. Tex. Natural Resources Code Sec. 91.053. COMMISSION DETERMINATION. The commission shall determine the average temperature of gas as produced in each oil and gas field in Texas, other variable factors necessary to calculate the metered volumes in accordance with the ideal gas laws, and the variable factors to correct for deviation from the ideal gas laws in each of the oil and gas fields in the state.

  18. Tex. Natural Resources Code Sec. 91.054. NOTICE AND HEARING. On request of any interested person, the commission shall give proper notice and hold a public hearing before making a determination under Section 91.053 of this code.

  19. Tex. Natural Resources Code Sec. 91.055. FINDINGS AND RULES. On making the determination, the commission promptly shall make its findings and shall adopt reasonable field rules that may be necessary to effectuate the provisions of this subchapter.

  20. Tex. Natural Resources Code Sec. 91.056. USE OF FINDINGS AND FIELD RULES.

  21. Tex. Natural Resources Code Sec. 91.057. METHOD OF REPORTING. A person required to report volumes of gas under the laws of this state shall report the volumes in number of standard cubic feet calculated and determined under the provisions of this subchapter.

  22. Tex. Natural Resources Code Sec. 91.058. SALE, PURCHASE, DELIVERY, AND RECEIPT OF GAS.

  23. Tex. Natural Resources Code Sec. 91.059. CONSTITUTIONALITY. If the provisions of Section 91.058 of this code or any part of that section are held to be invalid or unconstitutional by the courts, the remaining portions of this subchapter shall become ineffective and inoperative.

  24. Tex. Natural Resources Code Sec. 91.061. CIVIL SUIT. None of these provisions shall prevent an aggrieved person from maintaining a civil suit for damages in the county or counties in which the gas is produced.

  25. Tex. Natural Resources Code Sec. 91.062. APPLICABILITY OF CERTAIN PROVISIONS. None of the provisions of Sections 91.058 through 91.061 of this code affect or apply to purchases or sales made on any basis other than a volume basis.

  26. Tex. Natural Resources Code Sec. 91.101. RULES AND ORDERS.

  27. Tex. Natural Resources Code Sec. 91.1011. OIL AND GAS WASTE.

  28. Tex. Natural Resources Code Sec. 91.1012. ACCESS TO PROPERTY AND RECORDS. Members and employees of the commission, on proper identification, may enter public or private property to inspect and investigate conditions relating to the quality of water in the state, to inspect and investigate conditions relating to development of rules, orders, or permits issuable under Section 91.101 of this code, to monitor compliance with a rule, permit, or other order of the commission, or to examine and copy, during reasonable working hours, those records or memoranda of the business being investigated. Members or employees acting under the authority of this section who enter an establishment on public or private property shall observe the establishment's safety, internal security, and fire protection rules.

  29. Tex. Natural Resources Code Sec. 91.1013. APPLICATION FEES.

  30. Tex. Natural Resources Code Sec. 91.1015. GROUNDWATER PROTECTION REQUIREMENTS. The commission shall adopt rules to establish groundwater protection requirements for operations that are within the jurisdiction of the commission, including requirements relating to the depth of surface casing for wells.

  31. Tex. Natural Resources Code Sec. 91.1017. LOCATION OF CERTAIN PITS. The commission by rule shall establish standards governing permissible locations for pits used by commercial oil and gas disposal facilities. The rules must include a history of flooding in the 10 years preceding the construction of the pit as a factor in determining whether a proposed location of a pit is permissible.

  32. Tex. Natural Resources Code Sec. 91.102. ADDITIONAL PERSONNEL. The commission is directed to employ additional personnel necessary to administer this subchapter and related laws and rules and orders adopted by the commission.

  33. Tex. Natural Resources Code Sec. 91.103. PERSONS REQUIRED TO EXECUTE BOND, LETTER OF CREDIT, OR CASH DEPOSIT.

  34. Tex. Natural Resources Code Sec. 91.104. BONDS, LETTERS OF CREDIT, CASH DEPOSITS, AND WELL-SPECIFIC PLUGGING INSURANCE POLICIES.

  35. Tex. Natural Resources Code Sec. 91.1041. INDIVIDUAL BOND.

  36. Tex. Natural Resources Code Sec. 91.1042. BLANKET BOND.

  37. Tex. Natural Resources Code Sec. 91.105. BOND CONDITIONS. Each bond required by Section 91.103 shall be conditioned that the operator will plug and abandon all wells and control, abate, and clean up pollution associated with an operator's oil and gas activities covered under the bond in accordance with the law of the state and the permits, rules, and orders of the commission. This section does not apply to a well-specific plugging insurance policy described by Section 91.104(c).

  38. Tex. Natural Resources Code Sec. 91.106. EXECUTION OF BOND. Each bond shall be executed by a corporate surety authorized to do business in this state and shall be renewed and be continued in effect until the conditions have been met or release is authorized by the commission.

  39. Tex. Natural Resources Code Sec. 91.107. NEW BOND, LETTER OF CREDIT, OR CASH DEPOSIT. If an active or inactive well is transferred, sold, or assigned by its operator, the commission shall require the party acquiring the well to file a new bond, letter of credit, or cash deposit as provided by Section 91.104(b), and the financial security of the prior operator shall continue to be required and to remain in effect, and the commission may not approve the transfer of operatorship, until the new bond, letter of credit, or cash deposit is provided or the commission determines that the bond, letter of credit, or cash deposit previously submitted to the commission by the person acquiring the well complies with this subchapter. A transfer of a well from one entity to another entity under common ownership is a transfer for purposes of this section. This section does not apply to a well bore that is included in a well-specific plugging insurance policy described by Section 91.104(c).

  40. Tex. Natural Resources Code Sec. 91.108. DEPOSIT AND USE OF FUNDS. Subject to the refund provisions of Section 91.1091, if applicable, proceeds from bonds and other financial security required pursuant to this chapter and benefits under well-specific plugging insurance policies described by Section 91.104(c) that are paid to the state as contingent beneficiary of the policies shall be deposited in the oil and gas regulation and cleanup fund and, notwithstanding Sections 81.068 and 91.113, may be used only for actual well plugging and surface remediation.

  41. Tex. Natural Resources Code Sec. 91.109. FINANCIAL SECURITY FOR PERSONS INVOLVED IN ACTIVITIES OTHER THAN OPERATION OF WELLS.

  42. Tex. Natural Resources Code Sec. 91.1091. REFUND. The commission shall refund the proceeds from a bond, letter of credit, or cash deposit required under this subchapter if:

  43. Tex. Natural Resources Code Sec. 91.110. OIL AND GAS WASTE REDUCTION AND MINIMIZATION. To encourage the reduction and minimization of oil and gas waste, the commission shall implement a program to:

  44. Tex. Natural Resources Code Sec. 91.113. INVESTIGATION, ASSESSMENT, OR CLEANUP BY COMMISSION.

  45. Tex. Natural Resources Code Sec. 91.1131. RISK ASSESSMENT STANDARDS.

  46. Tex. Natural Resources Code Sec. 91.1132. PRIORITIZATION OF HIGH-RISK WELLS. The commission by rule shall develop a system for:

  47. Tex. Natural Resources Code Sec. 91.114. ACCEPTANCE OF ORGANIZATION REPORT OR APPLICATION FOR PERMIT; APPROVAL OF CERTIFICATE OF COMPLIANCE; REVOCATION.

  48. Tex. Natural Resources Code Sec. 91.115. FIRST LIEN ON EQUIPMENT AND STORED HYDROCARBONS OR DRILL CUTTINGS.

  49. Tex. Natural Resources Code Sec. 91.116. NOTICE OF COMMERCIAL SURFACE DISPOSAL FACILITY PERMIT APPLICATION.

  50. Tex. Natural Resources Code Sec. 91.117. PUBLIC INFORMATION HEARING ON APPLICATION FOR COMMERCIAL SURFACE DISPOSAL FACILITY PERMIT.

  51. Tex. Natural Resources Code Sec. 91.118. TERM AND RENEWAL OF COMMERCIAL SURFACE DISPOSAL FACILITY PERMIT.

  52. Tex. Natural Resources Code Sec. 91.141. BOOKS AND RECORDS.

  53. Tex. Natural Resources Code Sec. 91.142. REPORT TO COMMISSION.

  54. Tex. Natural Resources Code Sec. 91.143. FALSE APPLICATIONS, REPORTS, AND DOCUMENTS AND TAMPERING WITH GAUGES.

  55. Tex. Natural Resources Code Sec. 91.171. SHORT TITLE. This subchapter may be cited as the Underground Natural Gas Storage and Conservation Act of 1977.

  56. Tex. Natural Resources Code Sec. 91.172. DECLARATION OF POLICY. The underground storage of natural gas promotes the conservation of natural gas, permits the building of reserves for orderly withdrawal in periods of peak demand, makes more readily available natural gas resources to residential, commercial, and industrial customers of this state, provides a better year-round market to the various gas fields, and promotes the public interest and welfare of this state.

  57. Tex. Natural Resources Code Sec. 91.173. DEFINITIONS. In this subchapter:

  58. Tex. Natural Resources Code Sec. 91.174. FINDINGS OF COMMISSION.

  59. Tex. Natural Resources Code Sec. 91.175. COMMISSION JURISDICTION. The commission shall have jurisdiction to supervise the construction and operation of all storage facilities formed pursuant to this subchapter, and in addition to the findings required by Section 91.174 of this code, the commission shall include in any order of approval a requirement that the storer file a report each month, including each month prior to the time the storage facility is in operation, with the commission showing, for that month, the volume of gas injected and stored gas withdrawn from storage.

  60. Tex. Natural Resources Code Sec. 91.176. WITHDRAWAL OF NATIVE GAS. A storer may withdraw from storage injected and stored gas as market demand dictates. However, any time a storer's withdrawals from a storage facility equal the volume of gas injected for storage, the storer shall not withdraw additional gas from the storage facility without first obtaining specific authority from the commission.

  61. Tex. Natural Resources Code Sec. 91.177. STORAGE OPERATIONS MUST BE BONA FIDE.

  62. Tex. Natural Resources Code Sec. 91.178. RELOCATION OF FACILITIES. In the event the acquisition or operation of a storage facility acquired through the exercise of the power of eminent domain requires the relocation or alteration of any railroad, electric, telegraph, telephone, or pipeline lines or facilities, the expense of the relocation or alteration shall be borne by the storer. The expense of relocation means the actual cost incurred in providing a comparable replacement line or facility, less net salvage value from the sale or other disposition of the old facility.

  63. Tex. Natural Resources Code Sec. 91.179. APPROPRIATION OF STORAGE FACILITIES; LIMITATIONS. After an order of the commission is issued approving a storage facility, a storer may condemn without further attack as to its right to condemn, any subsurface sand, stratum, or formation for the underground storage of natural gas, condemning all mineral and royalty rights as are reasonably necessary for the operation of the storage facility, subject to the limitations of this subchapter, and the storer may condemn any other interests in property that may be required, including interests in the surface estate in the sand, stratum, or formation reasonably necessary to the operation of the storage facility, provided that:

  64. Tex. Natural Resources Code Sec. 91.180. INSTITUTION OF CONDEMNATION PROCEEDINGS.

  65. Tex. Natural Resources Code Sec. 91.181. EXERCISE OF RIGHT OF EMINENT DOMAIN. All proceedings in connection with the condemnation and acquisition of storage facilities shall be in accordance with Articles 3264 through 3271, Revised Civil Statutes of Texas, 1925, as amended, and to the extent of any conflict between those articles and this subchapter, the provisions of this subchapter prevail.

  66. Tex. Natural Resources Code Sec. 91.182. OWNERSHIP OF STORED GAS. All natural gas in the stratum condemned which is not native gas, and which is subsequently injected into storage facilities is personal property and is the property of the injector or its assigns, and in no event is the gas subject to the right of the owner of the surface of the land or of any mineral or royalty owner's interest under which the storage facilities lie, or of any person other than the injector to produce, take, reduce to possession, either by means of the law of capture or otherwise, waste, or otherwise interfere with or exercise any control over a storage facility. Upon failure, neglect, or refusal of the person to comply with this section, the storer has the right to compel compliance by injunction or by other appropriate relief by application to a court of competent jurisdiction.

  67. Tex. Natural Resources Code Sec. 91.183. RIGHTS OF PURCHASERS OF NATIVE GAS.

  68. Tex. Natural Resources Code Sec. 91.184. ABANDONMENT.

  69. Tex. Natural Resources Code Sec. 91.201. DEFINITIONS. In this subchapter:

  70. Tex. Natural Resources Code Sec. 91.202. POLICY. It is the policy of this state and the purpose of this subchapter to prevent the waste of oil, gas, and products of oil or gas, to protect the ground and surface water of the state from unreasonable degradation, and to protect the public health, welfare, and physical property in the creation, operation, maintenance, and abandonment of underground hydrocarbon storage facilities.

  71. Tex. Natural Resources Code Sec. 91.203. AUTHORITY; RULES.

  72. Tex. Natural Resources Code Sec. 91.204. PERMITS.

  73. Tex. Natural Resources Code Sec. 91.205. AUTHORITY TO ENTER PROPERTY. Members and employees of the commission may enter public or private property at reasonable times to inspect and investigate conditions relating to the creation, operation, maintenance, or abandonment of an underground hydrocarbon storage facility. The members and employees may not enter private property having management in residence without notifying the management of their presence and shall observe safety, internal security, and fire protection rules of the establishment being inspected.

  74. Tex. Natural Resources Code Sec. 91.206. AUTHORITY TO EXAMINE RECORDS. Members and employees of the commission may examine and copy during regular business hours records pertaining to the creation, operation, maintenance, or abandonment of an underground hydrocarbon storage facility.

  75. Tex. Natural Resources Code Sec. 91.207. NOTICE OF NONCOMPLIANCE.

  76. Tex. Natural Resources Code Sec. 91.251. DEFINITIONS. In this subchapter:

  77. Tex. Natural Resources Code Sec. 91.252. COMMISSION JURISDICTION.

  78. Tex. Natural Resources Code Sec. 91.253. COMMISSION ENFORCEMENT.

  79. Tex. Natural Resources Code Sec. 91.254. INSPECTION; EXAMINATION; CREDENTIALS.

  80. Tex. Natural Resources Code Sec. 91.255. SAFETY STANDARDS AND PRACTICES.

  81. Tex. Natural Resources Code Sec. 91.256. LIMITATION ON POWERS OF MUNICIPALITIES AND COUNTIES. A municipality or county may not adopt or enforce an ordinance that establishes a safety standard or practice applicable to a storage facility that is subject to regulation under this subchapter, another state law, or a federal law.

  82. Tex. Natural Resources Code Sec. 91.257. SAFETY PROCEDURE MANUAL. The commission may require the owner or operator of a storage facility to prepare a safety procedure manual for each storage facility and to:

  83. Tex. Natural Resources Code Sec. 91.258. RECORDS; REPORTS.

  84. Tex. Natural Resources Code Sec. 91.259. DAMAGE TO STORAGE FACILITY; DISABLING A SAFETY DEVICE. A person may not:

  85. Tex. Natural Resources Code Sec. 91.260. INJUNCTION; CIVIL PENALTY.

  86. Tex. Natural Resources Code Sec. 91.261. ADMINISTRATIVE PENALTY.

  87. Tex. Natural Resources Code Sec. 91.262. ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE.

  88. Tex. Natural Resources Code Sec. 91.263. PAYMENT OF ADMINISTRATIVE PENALTY.

  89. Tex. Natural Resources Code Sec. 91.264. JUDICIAL REVIEW OF ADMINISTRATIVE PENALTY.

  90. Tex. Natural Resources Code Sec. 91.401. DEFINITIONS. In this subchapter:

  91. Tex. Natural Resources Code Sec. 91.402. TIME FOR PAYMENT OF PROCEEDS.

  92. Tex. Natural Resources Code Sec. 91.403. PAYMENT OF INTEREST ON LATE PAYMENTS.

  93. Tex. Natural Resources Code Sec. 91.404. NONPAYMENT OF OIL AND GAS PROCEEDS OR INTEREST.

  94. Tex. Natural Resources Code Sec. 91.405. EXEMPTIONS. This subchapter does not apply to any royalties that are payable to:

  95. Tex. Natural Resources Code Sec. 91.406. ATTORNEY'S FEES AND MINIMUM AWARD. If a suit is filed to collect proceeds and interest under this subchapter, the court shall include in any final judgment in favor of the plaintiff an award of:

  96. Tex. Natural Resources Code Sec. 91.407. NOTICE OF CHANGE OF PAYOR.

  97. Tex. Natural Resources Code Sec. 91.408. INFORMATION FOR PAYEES OF PROCEEDS OF PRODUCTION FROM CERTAIN GAS WELLS.

  98. Tex. Natural Resources Code Sec. 91.451. DEFINITION. In this subchapter, "saltwater disposal pit" means a collecting pit on the surface of the ground used to store or evaporate oil field brines, geothermal resource water, or other mineralized water.

  99. Tex. Natural Resources Code Sec. 91.452. PROHIBITED ACTIVITY. Except as provided by this subchapter, a person conducting oil and gas development or production operations, geothermal operations, or underground hydrocarbon storage operations may not use a saltwater disposal pit for storage or evaporation of oil field brines.

  100. Tex. Natural Resources Code Sec. 91.453. COMMISSION AUTHORIZED.

  101. Tex. Natural Resources Code Sec. 91.454. REMOVAL OF AUTHORIZED PITS.

  102. Tex. Natural Resources Code Sec. 91.455. RULES, STANDARDS, AND SPECIFICATIONS.

  103. Tex. Natural Resources Code Sec. 91.456. INJUNCTIVE RELIEF. If a person is operating a saltwater disposal pit in violation of this subchapter or the commission's rules, standards, or specifications, the commission may have the attorney general institute a suit in a district court in the county in which the saltwater disposal pit is located for injunctive relief to restrain the person from continuing to operate the pit in violation of this subchapter or the rules, standards, or specifications of the commission.

  104. Tex. Natural Resources Code Sec. 91.457. REMOVAL OF UNAUTHORIZED PIT.

  105. Tex. Natural Resources Code Sec. 91.458. CRIMINAL PENALTY.

  106. Tex. Natural Resources Code Sec. 91.459. CIVIL PENALTY.

  107. Tex. Natural Resources Code Sec. 91.5001. DEFINITION. In this subchapter, "payor" has the meaning assigned by Section 91.401.

  108. Tex. Natural Resources Code Sec. 91.501. INFORMATION REQUIRED. If payment is made to a royalty interest owner from the proceeds derived from the sale of oil or gas production pursuant to a division order, lease, servitude, or other agreement, the payor shall include the information required by Section 91.502 on the check stub, an attachment to the payment form, or another remittance advice that accompanies the payment.

  109. Tex. Natural Resources Code Sec. 91.502. TYPES OF INFORMATION PROVIDED. Each check stub, attachment to a payment form, or other remittance advice must include:

  110. Tex. Natural Resources Code Sec. 91.503. LEASE, PROPERTY, OR WELL DESCRIPTION. If a division order is not provided that includes the information required by Section 91.402(c)(1)(B), the payor must, at a minimum, provide prior to or with the first payment to which this subchapter applies the information required by Section 91.402(c)(1)(B) for the lease, property, or well for which payment of proceeds is being reported.

  111. Section 91.504, Texas Natural Resources Code, gives an owner of a royalty interest in oil or gas produced in Texas the right to request from a payor information about itemized deductions, the heating value of the gas, and the Railroad Commission of Texas identification number for the lease, property, or well that may not have been provided to the royalty interest owner. The request must be in writing and must be made by certified mail. A payor must respond to a request regarding itemized deductions, the heating value of the gas, or the Railroad Commission of Texas identification number by certified mail not later than the 60th day after the date the request is received. An owner of a royalty interest in oil or gas may obtain information regarding production that has been reported to the Railroad Commission of Texas by contacting the oil and gas division of the commission or accessing the commission's website and providing the identification number of the lease and the county in which the lease is located.

  112. Tex. Natural Resources Code Sec. 91.504. PROVIDING INFORMATION ABOUT PAYMENT DEDUCTIONS AND ADJUSTMENTS, HEATING VALUE, OR LEASE IDENTIFICATION.

  113. Tex. Natural Resources Code Sec. 91.505. PROVIDING OTHER INFORMATION. If a royalty interest owner requests information or answers to questions concerning a payment made pursuant to this subchapter, other than information requested under Section 91.504, and the request is made by certified mail, the payor must respond to the request by certified mail not later than 30 days after the request is received.

  114. Tex. Natural Resources Code Sec. 91.506. EXEMPTION.

  115. Tex. Natural Resources Code Sec. 91.507. ENFORCEMENT.

  116. Tex. Natural Resources Code Sec. 91.551. DEFINITIONS.

  117. Tex. Natural Resources Code Sec. 91.552. ELECTRIC LOGS REQUIRED TO BE FILED; CRITERIA.

  118. Tex. Natural Resources Code Sec. 91.553. AVAILABILITY OF ELECTRIC LOGS.

  119. Tex. Natural Resources Code Sec. 91.554. AVAILABILITY OF CONFIDENTIAL ELECTRIC LOGS. If the commission requires an electric log to be filed before the expiration of a period of confidentiality, the commission shall make that electric log available for inspection during the period of confidentiality only to:

  120. Tex. Natural Resources Code Sec. 91.555. MANAGEMENT AND STORAGE OF ELECTRIC LOGS. The commission may contract with any person for the management and storage of the electric logs filed with the commission.

  121. Tex. Natural Resources Code Sec. 91.556. ENFORCEMENT. If an operator fails to file an electric log as required by this subchapter, the commission may:

  122. Tex. Natural Resources Code Sec. 91.601. DEFINITIONS. In this subchapter:

  123. Tex. Natural Resources Code Sec. 91.602. RULES.

  124. Tex. Natural Resources Code Sec. 91.603. ACCESS TO PROPERTY AND RECORDS.

  125. Tex. Natural Resources Code Sec. 91.604. CRIMINAL PENALTY.

  126. Tex. Natural Resources Code Sec. 91.605. HAZARDOUS OIL AND GAS WASTE GENERATION FEE.

  127. Tex. Natural Resources Code Sec. 91.651. DEFINITIONS. In this subchapter:

  128. Tex. Natural Resources Code Sec. 91.652. PURPOSE. The purpose of the voluntary cleanup program is to provide an incentive to remediate property by removing the liability to the state of lenders, developers, owners, and operators who did not cause or contribute to contamination released at the site covered by the certificate. The program does not replace other voluntary actions and is restricted to voluntary actions.

  129. Tex. Natural Resources Code Sec. 91.653. ELIGIBILITY FOR VOLUNTARY CLEANUP PROGRAM.

  130. Tex. Natural Resources Code Sec. 91.654. APPLICATION TO PARTICIPATE IN VOLUNTARY CLEANUP PROGRAM.

  131. Tex. Natural Resources Code Sec. 91.655. REJECTION OF APPLICATION.

  132. Tex. Natural Resources Code Sec. 91.656. VOLUNTARY CLEANUP AGREEMENT.

  133. Tex. Natural Resources Code Sec. 91.657. TERMINATION OF AGREEMENT; COST RECOVERY.

  134. Tex. Natural Resources Code Sec. 91.658. VOLUNTARY CLEANUP WORK PLANS AND REPORTS.

  135. Tex. Natural Resources Code Sec. 91.659. CERTIFICATE OF COMPLETION.

  136. Tex. Natural Resources Code Sec. 91.660. PERSONS RELEASED FROM LIABILITY.

  137. Tex. Natural Resources Code Sec. 91.661. PERMIT NOT REQUIRED.

  138. Tex. Natural Resources Code Sec. 91.701. WELL OWNERS AND OPERATORS CERTIFICATES. The owner or operator of any well subject to the jurisdiction of the commission under this title, Section 26.131, Water Code, or Subchapter C, Chapter 27, Water Code, shall secure from the commission a certificate showing compliance with that title, section, or subchapter, as applicable, rules adopted and orders issued under that title, section, or subchapter, as applicable, and any license, permit, or certificate issued to the owner or operator under that title, section, or subchapter, as applicable.

  139. Tex. Natural Resources Code Sec. 91.702. PROHIBITED CONNECTION. No operator of a pipeline or other carrier shall connect with any well subject to the jurisdiction of the commission under this title, Section 26.131, Water Code, or Subchapter C, Chapter 27, Water Code, until the owner or operator of the well furnishes a certificate from the commission that the owner or operator has complied with that title, section, or subchapter, as applicable, rules adopted and orders issued under that title, section, or subchapter, as applicable, and any license, permit, or certificate issued to the owner or operator under that title, section, or subchapter, as applicable.

  140. Tex. Natural Resources Code Sec. 91.703. TEMPORARY CONNECTION. The provisions of this subchapter do not prevent a temporary connection with a well in order to take care of production and prevent waste until opportunity shall have been given the owner or operator of the well to secure the certificate.

  141. Tex. Natural Resources Code Sec. 91.704. CANCELLATION OF CERTIFICATE. The commission may cancel any certificate of compliance issued under the provisions of this subchapter if it appears that the owner or operator of a well covered by the provisions of the certificate, in the operation of the well or the production of oil or gas from the well, has violated or is violating this title, Section 26.131, Water Code, or Subchapter C, Chapter 27, Water Code, a rule adopted or order issued under that title, section, or subchapter, as applicable, or a license, permit, or certificate issued to the owner or operator under that title, section, or subchapter, as applicable. Before canceling a certificate of compliance, the commission shall give notice to the owner or operator by personal service or by registered or certified mail of the facts or conduct alleged to warrant the cancellation and shall give the owner or operator an opportunity to show compliance with all requirements of law for retention of the certificate as required by Section 2001.054, Government Code.

  142. Tex. Natural Resources Code Sec. 91.705. EFFECT OF CANCELLATION ON OPERATOR OF PIPELINE OR OTHER CARRIER.

  143. Tex. Natural Resources Code Sec. 91.706. EFFECT OF CANCELLATION ON OWNER OR OPERATOR OF WELL.

  144. Tex. Natural Resources Code Sec. 91.707. FEE FOR REISSUED CERTIFICATE.

  145. Tex. Natural Resources Code Sec. 91.751. DEFINITION. In this subchapter, "surface owner" means the first person who is shown on the appraisal roll of the appraisal district established for the county in which a tract of land is located as owning an interest in the surface estate of the land at the time notice is required to be given under this subchapter.

  146. Tex. Natural Resources Code Sec. 91.752. APPLICABILITY. This subchapter applies only to the drilling of a new oil or gas well or the reentry of a plugged and abandoned oil or gas well. This subchapter does not apply to:

  147. Tex. Natural Resources Code Sec. 91.753. NOTICE REQUIRED.

  148. Tex. Natural Resources Code Sec. 91.754. ADDRESS FOR NOTICE. The notice must be given to the surface owner at the surface owner's address as shown by the records of the county tax assessor-collector at the time the notice is given.

  149. Tex. Natural Resources Code Sec. 91.755. COMMISSION PERMITS AND RIGHTS OF OWNER OF MINERAL ESTATE NOT AFFECTED.

  150. Tex. Natural Resources Code Sec. 91.801. RULES AUTHORIZING MULTIPLE OR ALTERNATIVE USES OF WELLS. The commission shall adopt rules allowing:

  151. Tex. Natural Resources Code Sec. 91.802. LAW APPLICABLE TO GEOLOGIC STORAGE FACILITIES AND ASSOCIATED INJECTION WELLS.

  152. Tex. Natural Resources Code Sec. 91.851. DISCLOSURE OF COMPOSITION OF HYDRAULIC FRACTURING FLUIDS.

  153. Tex. Natural Resources Code Sec. 91.901. DEFINITIONS. In this subchapter:

  154. Tex. Natural Resources Code Sec. 91.902. PIPELINE ON PUBLIC ROAD. A saltwater pipeline operator is entitled to install, maintain, and operate a saltwater pipeline facility through, under, along, across, or over a public road only if:

  155. Tex. Natural Resources Code Sec. 91.903. RELOCATION OF SALTWATER PIPELINE FACILITY FOR CERTAIN PURPOSES.

  156. Tex. Natural Resources Code Sec. 91.904. CONSTRUCTION OF SUBCHAPTER. This subchapter may not be construed to:

  157. Tex. Natural Resources Code Sec. 91.905. APPLICATION OF OTHER LAW. Section 212.153(e), Local Government Code, and Sections 203.092 and 224.008, Transportation Code, apply to saltwater pipeline operators and saltwater pipeline facilities in the same manner as they apply to utilities and utility facilities.

  158. Tex. Natural Resources Code Sec. 91.951. DEFINITION. In this subchapter, "oil or gas emergency" means an emergency related to an oil and gas operation, as defined by Section 81.0523, including the uncontrolled release of oil, gas, or produced water from an oil or gas well or other type of well regulated by the commission.

  159. Tex. Natural Resources Code Sec. 91.952. EMERGENCY DECLARATION.

  160. Tex. Natural Resources Code Sec. 91.953. EMERGENCY ASSISTANCE.

Chapter 92

  1. Tex. Natural Resources Code Sec. 92.001. PURPOSE. It is the finding of the legislature that the rapidly expanding population and development of the cities and towns of this state and the concomitant need for adequate and affordable housing and suitable job opportunities call for full and efficient utilization and development of all the land resources of this state, as well as the full development of all the minerals of this state. In view of that finding, it is the intent of the legislature that the mineral resources of this state be fully and effectively exploited and that all land in this state be maintained and utilized to its fullest and most efficient use. It is the further finding of this legislature that it is necessary to exercise the authority of the legislature pursuant to Article XVI, Section 59, of the Constitution of the State of Texas to assure proper and orderly development of both the mineral and land resources of this state and that the enactment of this chapter will protect the rights and welfare of the citizens of this state.

  2. Tex. Natural Resources Code Sec. 92.002. DEFINITIONS. In this chapter:

  3. Tex. Natural Resources Code Sec. 92.003. CREATION OF SUBDIVISION. The surface owners of a parcel of land may create a qualified subdivision on the land if a plat of the subdivision has been approved by the railroad commission and filed with the clerk of the county in which the subdivision is to be located.

  4. Tex. Natural Resources Code Sec. 92.004. HEARING AND ORDER BY RAILROAD COMMISSION.

  5. Tex. Natural Resources Code Sec. 92.005. USE OF OPERATIONS SITE.

  6. Tex. Natural Resources Code Sec. 92.006. AMENDMENT, REPLAT, OR ABANDONMENT. All or any portion of a qualified subdivision may be amended, replatted, or abandoned by the surface owner. An amendment or replat, however, may not alter, diminish, or impair the usefulness of an operations site or appurtenant road or pipeline easement unless the amendment or replat is approved by the commission in accordance with Section 92.003 of this code.

  7. Tex. Natural Resources Code Sec. 92.007. MUNICIPAL AUTHORITY. This chapter does not affect the authority of a municipality to require approval of subdivision plats or the authority of a home-rule city to regulate exploration and development of mineral interests within its boundaries.

Chapter 101

  1. Tex. Natural Resources Code Sec. 101.001. DEFINITION. In this chapter, "commission" means the Railroad Commission of Texas.

  2. Tex. Natural Resources Code Sec. 101.002. EXISTING AGREEMENT RIGHTS. None of the provisions in this chapter restrict any of the rights that a person now may have to make and enter into unitization and pooling agreements.

  3. Tex. Natural Resources Code Sec. 101.003. APPLICABILITY. None of the provisions in this chapter impair the power of the commission to prevent waste under the oil and gas conservation laws of the state except as provided in Section 101.004 or repeal, modify, or impair any of the provisions of Sections 85.002 through 85.003, 85.041 through 85.055, 85.056 through 85.064, 85.125, 85.201 through 85.207, 85.241 through 85.243, 85.249 through 85.252, or 85.381 through 85.385, Subchapter J of Chapter 85, or Subchapter P of Chapter 91, relating to oil and gas conservation.

  4. Tex. Natural Resources Code Sec. 101.004. CONFLICT WITH ANTITRUST ACTS.

  5. Tex. Natural Resources Code Sec. 101.011. AUTHORIZED AGREEMENTS FOR SEPARATELY OWNED PROPERTIES. Subject to the approval of the commission, as provided in this chapter, persons owning or controlling production, leases, royalties, or other interests in separate property in the same oil field, gas field, or oil and gas field may voluntarily enter into and perform agreements for either or both of the following purposes:

  6. Tex. Natural Resources Code Sec. 101.012. PERSONS BOUND BY AGREEMENTS. Agreements for pooled units and cooperative facilities do not bind a landowner, royalty owner, lessor, lessee, overriding royalty owner, or any other person who does not execute them. The agreements bind only the persons who execute them, their heirs, successors, assigns, and legal representatives. No person shall be compelled or required to enter into such an agreement.

  7. Tex. Natural Resources Code Sec. 101.013. COMMISSION APPROVAL.

  8. Tex. Natural Resources Code Sec. 101.014. JOINTLY OWNED PROPERTIES. None of the provisions in this chapter shall be construed to require the approval of the commission of voluntary agreements for the joint development and operation of jointly owned property.

  9. Tex. Natural Resources Code Sec. 101.015. COMMISSION REGULATION. An agreement executed under the provisions of this chapter is subject to any valid order or rule of the commission relating to location, spacing, proration, conservation, or other matters within the authority of the commission, whether adopted prior to or subsequent to the execution of the agreement.

  10. Tex. Natural Resources Code Sec. 101.016. PERMISSIBLE PROVISIONS.

  11. Tex. Natural Resources Code Sec. 101.017. PROHIBITED PROVISIONS.

  12. Tex. Natural Resources Code Sec. 101.018. EFFECT OF APPROVAL OUTSIDE OF UNIT. The approval of an agreement authorized by this chapter shall not of itself be construed as a finding that operations of a different kind or character in the portion of the field outside of the unit are wasteful or not in the interest of conservation.

  13. Tex. Natural Resources Code Sec. 101.051. AUTHORITY OF COMMISSIONER OF GENERAL LAND OFFICE. Subject to the approval specified in Section 101.052 of this code, the Commissioner of the General Land Office, on behalf of the State of Texas or of any fund belonging to the state, may execute contracts committing to the agreements declared lawful by the provisions of this chapter

  14. Tex. Natural Resources Code Sec. 101.052. NECESSARY APPROVAL BY OTHER PERSONS AND STATE AGENCIES.

Chapter 102

  1. Tex. Natural Resources Code Sec. 102.001. TITLE. This chapter may be cited as the Mineral Interest Pooling Act.

  2. Tex. Natural Resources Code Sec. 102.002. DEFINITIONS. In this chapter:

  3. Tex. Natural Resources Code Sec. 102.003. APPLICATION TO CERTAIN RESERVOIRS. The provisions of this chapter do not apply to any reservoir discovered and produced before March 8, 1961.

  4. Tex. Natural Resources Code Sec. 102.004. APPLICATION TO PUBLIC LAND.

  5. Tex. Natural Resources Code Sec. 102.011. AUTHORITY OF COMMISSION. When two or more separately owned tracts of land are embraced in a common reservoir of oil or gas for which the commission has established the size and shape of proration units, whether by temporary or permanent field rules, and where there are separately owned interests in oil and gas within an existing or proposed proration unit in the common reservoir and the owners have not agreed to pool their interests, and where at least one of the owners of the right to drill has drilled or has proposed to drill a well on the existing or proposed proration unit to the common reservoir, the commission, on the application of an owner specified in Section 102.012 of this code and for the purpose of avoiding the drilling of unnecessary wells, protecting correlative rights, or preventing waste, shall establish a unit and pool all of the interests in the unit within an area containing the approximate acreage of the proration unit, which unit shall in no event exceed 160 acres for an oil well or 640 acres for a gas well plus 10 percent tolerance.

  6. Tex. Natural Resources Code Sec. 102.012. OWNERS AUTHORIZED TO APPLY FOR POOLING. The following interested owners may apply to the commission for the pooling of mineral interests:

  7. Tex. Natural Resources Code Sec. 102.013. REQUIRED VOLUNTARY POOLING OFFER.

  8. Tex. Natural Resources Code Sec. 102.014. PRODUCTIVE ACREAGE EQUAL TO STANDARD PRORATION UNIT.

  9. Tex. Natural Resources Code Sec. 102.015. PROHIBITED PROVISIONS IN OPERATING AGREEMENT. A pooling agreement, offer to pool, or pooling order is not considered fair and reasonable if it provides for an operating agreement containing any of the following provisions:

  10. Tex. Natural Resources Code Sec. 102.016. NOTICE OF HEARING. On the filing of an application for pooling of interests into a unit under the provisions of this chapter, at least 30 days notice before hearing on the application shall be given to all interested parties, including notice by publication if there are unknown owners or owners whose whereabouts are unknown. The notice shall be given in the manner and form prescribed by the commission.

  11. Tex. Natural Resources Code Sec. 102.017. POOLING ORDER.

  12. Tex. Natural Resources Code Sec. 102.018. ACREAGE SUBJECT TO POOLING. The commission shall pool only the acreage which at the time of its order reasonably appears to lie within the productive limits of the reservoir.

  13. Tex. Natural Resources Code Sec. 102.051. OWNERSHIP OF PRODUCTION.

  14. Tex. Natural Resources Code Sec. 102.052. DRILLING AND COMPLETION COSTS.

  15. Tex. Natural Resources Code Sec. 102.053. EFFECT OF OPERATIONS.

  16. Tex. Natural Resources Code Sec. 102.081. DISSOLVED WITH CONSENT OF OWNERS. A unit established by order of the commission under this chapter may not be modified or dissolved subsequently without the consent of all mineral owners affected, except as necessary to permit its enlargement as provided in Subchapter B of this chapter.

  17. Tex. Natural Resources Code Sec. 102.082. AUTOMATIC DISSOLUTION. A unit is automatically dissolved:

  18. Tex. Natural Resources Code Sec. 102.083. TERMINATION OF POOLED LEASE. On termination of a lease pooled by order of the commission under authority granted by this chapter, interests covered by the lease are considered pooled as unleased mineral interests.

  19. Tex. Natural Resources Code Sec. 102.111. RIGHT TO APPEAL. A person affected by an order of the commission adopted under the authority of this chapter is entitled to judicial review of that order in a manner other than by trial de novo.

  20. Tex. Natural Resources Code Sec. 102.112. VENUE. Appeal shall be to the district court of the county in which the land or any part of the land covered by the order is located and not elsewhere, notwithstanding the provisions of Sections 85.241 through 85.243 of this code.

Chapter 103

  1. Tex. Natural Resources Code Sec. 103.001. DEFINITION. In this chapter, "commission" means the Railroad Commission of Texas.

  2. Tex. Natural Resources Code Sec. 103.002. RIGHTS EXISTING ON MAY 12, 1953. None of the provisions in this chapter restrict any of the rights that persons had on May 12, 1953, to make and enter into contracts for the construction and operation of cooperative facilities as provided in this chapter.

  3. Tex. Natural Resources Code Sec. 103.003. CONFLICT WITH ANTITRUST LAWS.

  4. Tex. Natural Resources Code Sec. 103.041. AUTHORIZED COOPERATIVE FACILITIES FOR SEPARATELY OWNED PROPERTY. The commission may approve agreements by persons owning or controlling leases or other interests in separate property in oil fields, gas fields, or oil and gas fields for the construction and operation of cooperative facilities necessary for the conservation and utilization of gas, including facilities for extracting and separating hydrocarbons from gas or casinghead gas.

  5. Tex. Natural Resources Code Sec. 103.042. COMMISSION APPROVAL. Agreements for the construction and operation of cooperative facilities shall be approved by the commission only after application, notice, and hearing, and a finding by the commission that the cooperative facilities are in the interest of conservation and that secondary recovery operations are not feasible or necessary.

  6. Tex. Natural Resources Code Sec. 103.043. COOPERATIVE REFINING.

  7. Tex. Natural Resources Code Sec. 103.044. COOPERATIVE MARKETING. No agreement for the construction or operation of cooperative facilities may provide for the cooperative marketing of oil, condensate, distillate, or gas, or any by-product of oil, condensate, distillate, or gas.

  8. Tex. Natural Resources Code Sec. 103.045. EFFECT OF APPROVAL ON OPERATIONS IN OTHER FIELDS. The approval of an agreement authorized by this chapter is not of itself a finding that similar operations in other fields are wasteful or not in the interest of conservation.

  9. Tex. Natural Resources Code Sec. 103.046. JOINTLY OWNED PROPERTY. None of the provisions in this chapter require the approval of the commission of voluntary agreements for the joint development and operation of jointly owned property.

Chapter 111

  1. Tex. Natural Resources Code Sec. 111.001. DEFINITIONS. In this chapter:

  2. Tex. Natural Resources Code Sec. 111.002. COMMON CARRIERS UNDER CHAPTER. A person is a common carrier subject to the provisions of this chapter if it:

  3. Tex. Natural Resources Code Sec. 111.003. APPLICABILITY OF CHAPTER.

  4. Tex. Natural Resources Code Sec. 111.004. GENERAL RESTRICTION ON TRANSPORTATION OF OIL. No person, including a common carrier, may transport crude oil or petroleum in this state unless the crude oil or petroleum has been produced or purchased or both in accordance with the laws of this state or a rule of the commission made under those laws, or both.

  5. Tex. Natural Resources Code Sec. 111.011. REGULATION IN PUBLIC INTEREST. The operation of common carriers covered by this chapter is a business in which the public is interested and is subject to regulation by law.

  6. Tex. Natural Resources Code Sec. 111.012. GENERAL JURISDICTION OF COMMISSION. Particular powers granted to the commission by the provisions of this chapter do not limit the general powers conferred by other laws.

  7. Tex. Natural Resources Code Sec. 111.013. CONTROL OF PIPELINES. A pipeline subject to the provisions of this chapter not exempt under Section 111.003, which is used in connection with the business of purchasing or purchasing and selling crude petroleum, or in the business of transporting coal, carbon dioxide, hydrogen, feedstock for carbon gasification, the products of carbon gasification, or the derivative products of carbon gasification in whatever form by pipeline for hire in Texas, shall be operated as a common carrier and shall be subject to the jurisdiction of the commission.

  8. Tex. Natural Resources Code Sec. 111.014. PUBLICATION OF TARIFFS. Common carriers shall make and publish their tariffs under rules prescribed by the commission.

  9. Tex. Natural Resources Code Sec. 111.015. TRANSPORTATION WITHOUT DISCRIMINATION. Subject to the law and the rules prescribed by the commission, a common carrier shall receive and transport crude petroleum delivered to it for transportation and perform its other related duties without discrimination.

  10. Tex. Natural Resources Code Sec. 111.016. DISCRIMINATION BETWEEN SHIPPERS.

  11. Tex. Natural Resources Code Sec. 111.017. EQUAL COMPENSATION FOR LIKE SERVICE.

  12. Tex. Natural Resources Code Sec. 111.018. EFFECT OF COMMISSION ORDER. A common carrier is not guilty of discrimination when obeying an order of the commission.

  13. Tex. Natural Resources Code Sec. 111.019. RIGHT OF EMINENT DOMAIN.

  14. Tex. Natural Resources Code Sec. 111.0191. COSTS OF RELOCATION OF PROPERTY. In the event a common carrier pipeline in the exercise of the power of eminent domain or police power or any other power granted under this chapter makes necessary the relocation, raising, lowering, rerouting, or changing the grade of, or altering the construction of any railroad, electric transmission, telegraph or telephone lines, properties and facilities, or pipeline, all such relocation, raising, lowering, rerouting, changing of grade, or alteration of construction shall be accomplished at the sole expense of such common carrier pipeline. The term "sole expense" means the actual cost of the relocation, raising, lowering, rerouting, or change in grade or alteration of construction in providing comparable replacement without enhancement of the facilities, after deducting therefrom the net salvage value derived from the old facility.

  15. Tex. Natural Resources Code Sec. 111.0192. LIMITATIONS ON THE POWERS OF EMINENT DOMAIN IN CERTAIN SITUATIONS.

  16. Tex. Natural Resources Code Sec. 111.0193. RESTORATION OF PROPERTY. Every condemnation award granted under this chapter shall require that the condemnor restore the property which is the subject of the award to its former condition as near as reasonably practicable.

  17. Tex. Natural Resources Code Sec. 111.0194. PIPELINE EASEMENTS.

  18. Tex. Natural Resources Code Sec. 111.020. PIPELINE ON PUBLIC STREAM OR HIGHWAY.

  19. Tex. Natural Resources Code Sec. 111.021. PIPELINE UNDER RAILROAD, STREET RAILROAD, OR CANAL. A common carrier is entitled to lay its pipe or pipeline under any railroad, railroad right-of-way, street railroad, or canal in this state.

  20. Tex. Natural Resources Code Sec. 111.022. RIGHT TO USE STREET OR ALLEY IN CITY OR TOWN. The provisions of this chapter do not grant a pipeline company the right to use a public street or alley in an incorporated or unincorporated city or town except with express permission of the governing body of the city or town or the right to lay its pipes or pipelines along and under a street or alley in an incorporated city or town except with the consent and under the direction of the governing body of the city or town.

  21. Tex. Natural Resources Code Sec. 111.023. EXCHANGE OF FACILITIES.

  22. Tex. Natural Resources Code Sec. 111.024. LIMIT ON AMOUNT OF OIL CARRIED. No common carrier may be required at any time to receive for shipment from any person more than 3,000 barrels of petroleum in any one day.

  23. Tex. Natural Resources Code Sec. 111.025. ABANDONING CONNECTIONS.

  24. Tex. Natural Resources Code Sec. 111.051. APPLICABILITY OF STATUTE TO PUBLIC UTILITIES. A public utility is subject to the provisions of this subchapter and other provisions of this chapter relating to public utilities.

  25. Tex. Natural Resources Code Sec. 111.052. DISCRIMINATION BY PUBLIC UTILITY. No public utility in its operations as a public utility may discriminate between or against its patrons in regard to facilities furnished or services rendered, or rates charged under the same or similar circumstances, in the storage of crude oil.

  26. Tex. Natural Resources Code Sec. 111.053. BOND OF PUBLIC UTILITY.

  27. Tex. Natural Resources Code Sec. 111.054. LIEN FOR STORAGE CHARGES. A public utility shall have a lien on the commodity in its possession to secure it in the payment of all proper storage charges against the commodity or the transportation charges accrued to or paid or advanced by it or both and the lien is superior to all other liens on the commodity except a lien for taxes.

  28. Tex. Natural Resources Code Sec. 111.081. DEFINITION OF COMMON PURCHASER.

  29. Tex. Natural Resources Code Sec. 111.082. PURPOSE FOR INCLUDING CERTAIN ENTITIES UNDER REGULATION AS COMMON PURCHASERS. Persons, gas pipeline companies, and gas purchasers claiming or exercising the right to carry or transport natural gas by pipeline or pipelines for hire, compensation, or otherwise within the limits of this state are regulated as common purchasers under this subchapter for the purpose of further conserving the natural gas resources of this state.

  30. Tex. Natural Resources Code Sec. 111.083. DUTY OF CERTAIN COMMON PURCHASERS. A common purchaser as defined in Subdivision (2), Subsection (a), Section 111.081 of this code shall purchase or take the natural gas purchased or taken by it as a common purchaser under rules prescribed by the commission in the manner, under the inhibitions against discriminations, and subject to the provisions applicable under this chapter to common purchasers of oil.

  31. Tex. Natural Resources Code Sec. 111.084. OPERATION OF GATHERING SYSTEMS FOR CRUDE PETROLEUM. The operation of gathering systems for crude petroleum by pipeline or by truck in connection with the purchase or purchase and sale of crude petroleum is a business in the mode of the conduct of which the public is interested, and as such is subject to regulation by law. Therefore, it is provided that the business of purchasing or of purchasing and selling crude petroleum by the use of a gathering system for crude petroleum, whether by pipeline or by truck, shall not be conducted unless the person operating the gathering system being used in this manner in connection with this business is a common purchaser under this law and subject to the jurisdiction conferred on the commission over common purchasers.

  32. Tex. Natural Resources Code Sec. 111.085. APPLICABILITY OF RATE PROVISIONS TO CERTAIN COMMON PURCHASERS. Common purchasers as defined in Subdivision (3), Subsection (a), Section 111.081 of this code are subject to the same regulation concerning rates and charges for gathering, transporting, loading, and delivering crude petroleum as set out in Subchapter F of this chapter.

  33. Tex. Natural Resources Code Sec. 111.086. DISCRIMINATION BETWEEN PERSONS AND FIELDS.

  34. Tex. Natural Resources Code Sec. 111.087. CONDITIONS IN TAKING PRODUCTION.

  35. Tex. Natural Resources Code Sec. 111.088. COMMISSION RELIEF. After proper notice and hearing as provided by law, the commission may relieve any common purchaser from the duty of purchasing petroleum of inferior quality or grade.

  36. Tex. Natural Resources Code Sec. 111.089. DISCRIMINATION AS TO ROYALTY OIL.

  37. Tex. Natural Resources Code Sec. 111.090. COMPLIANCE BY COMMON PURCHASERS. The commission shall enforce compliance with this subchapter, Subchapters C, F, and G of this chapter, and Sections 111.004, 111.025, 111.131 through 111.133, 111.136, 111.137, and 111.140 of this code and after notice and hearing, may make rules and orders defining the distance that extensions or gathering lines shall be made to all oil or gas wells and other rules or orders that may be necessary to carry out those provisions cited in this section and to prevent discrimination.

  38. Tex. Natural Resources Code Sec. 111.091. PREVENTION OF DISCRIMINATION.

  39. Tex. Natural Resources Code Sec. 111.092. INJUNCTION TO PREVENT DISCRIMINATION. On information that discrimination is practiced in its purchases by a common purchaser, the commission shall request the attorney general to bring a mandatory injunction suit against the common purchaser to compel the reasonable extensions that are necessary to prevent discrimination.

  40. Tex. Natural Resources Code Sec. 111.093. FORFEITURE OF CHARTER OF DOMESTIC CORPORATION.

  41. Tex. Natural Resources Code Sec. 111.094. FORFEITURE OF CHARTER OF FOREIGN CORPORATION.

  42. Tex. Natural Resources Code Sec. 111.095. ACTION FOR DAMAGES.

  43. Tex. Natural Resources Code Sec. 111.096. DUTIES AND RESPONSIBILITIES OF COMMON PURCHASERS, PURCHASERS, GATHERERS, AND TRANSPORTERS. Notwithstanding the provisions of any statute or law including the provisions of this subchapter, Subchapters C, F, and G of this chapter, and Sections 111.004, 111.025, 111.131 through 111.133, 111.136, 111.137, and 111.140 of this code, none of the provisions of Sections 111.081, 111.084, 111.085, and 111.091 of this code shall increase or decrease the duties or responsibilities of any common purchaser, purchaser, gatherer, or transporter of natural gas, residue gas, or casinghead gas.

  44. Tex. Natural Resources Code Sec. 111.097. ANTITRUST LAWS UNAFFECTED.

  45. Tex. Natural Resources Code Sec. 111.131. COMMISSION RULES FOR COMMON CARRIERS. The commission shall establish and promulgate rules for gathering, transporting, loading, and delivering crude petroleum by common carriers in this state and for use of storage facilities necessarily incident to this transportation and shall prescribe and enforce rules, in the manner provided by law, for the government and control of common carriers with respect to their pipelines and receiving, transferring, and loading facilities.

  46. Tex. Natural Resources Code Sec. 111.132. COMMISSION RULES FOR PUBLIC UTILITIES.

  47. Tex. Natural Resources Code Sec. 111.133. ENFORCEMENT BY COMMISSION. The commission may make rules for the enforcement of the provisions of Subchapters C, D, and F of this chapter and Sections 111.004, 111.025, 111.131 through 111.132, 111.136, 111.137, and 111.140 of this code.

  48. Tex. Natural Resources Code Sec. 111.134. NOTICE AND HEARING. No order of the commission establishing, prescribing, or modifying rules or rates may be made except after a hearing and after not less than 10 days nor more than 30 days notice to the person, firm, corporation, partnership, joint stock association, or association owning or controlling and operating the pipeline or pipelines affected.

  49. Tex. Natural Resources Code Sec. 111.135. VALIDITY OF COMMISSION ORDERS. Until set aside or vacated by an order or decree of a court of competent jurisdiction, all orders of the commission relating to any matter within its jurisdiction shall be accepted as prima facie evidence of their validity.

  50. Tex. Natural Resources Code Sec. 111.136. REVIEW OF ORDERS. A person affected by an order of the commission adopted under the authority of this chapter is entitled to judicial review of that order in a manner other than by trial de novo.

  51. Tex. Natural Resources Code Sec. 111.137. ENLARGEMENT AND EXTENSION OF FACILITIES. On its own initiative without complaint, and after proper notice and hearing, as provided by law the commission may authorize or require by order any common carrier owning or operating pipelines in this state or owning, operating, or managing crude petroleum storage tanks or facilities for the public for hire, to extend or enlarge those pipelines or storage facilities if the extension or enlargement is found to be reasonable and required in the public interest and the expense involved will not impair the ability of the common carrier or public utility to perform its duty to the public.

  52. Tex. Natural Resources Code Sec. 111.138. BOOKS AND RECORDS. The commission may investigate the books and records kept by any common carrier in connection with its business.

  53. Tex. Natural Resources Code Sec. 111.139. REPORTS.

  54. Tex. Natural Resources Code Sec. 111.140. FILING MONTHLY STATEMENTS.

  55. Tex. Natural Resources Code Sec. 111.141. GRADES OF OIL.

  56. Tex. Natural Resources Code Sec. 111.142. EQUITABLE APPORTIONMENT OF EXCESSIVE AMOUNT OF CRUDE PETROLEUM. If more crude petroleum is offered for transportation by a common carrier than can be transported immediately, it shall be apportioned equitably, and the commission may make and enforce general or specific rules for equitable apportionment.

  57. Tex. Natural Resources Code Sec. 111.181. ESTABLISHING AND PROMULGATING RATES. The commission shall establish and promulgate rates of charges for gathering, transporting, loading, and delivering crude petroleum by common carriers in this state and for use of storage facilities necessarily incident to this transportation.

  58. Tex. Natural Resources Code Sec. 111.182. ITEMS INCLUDED IN RATES. The rates established and promulgated by the commission shall include both single- and joint-line transportation, deduction for evaporation and shrinkage, demurrage, storage, and overage charges and all other similar items.

  59. Tex. Natural Resources Code Sec. 111.183. BASIS FOR RATE. The basis of the rates shall be an amount that will provide a fair return on the aggregate value of the property of a common carrier used and useful in the services performed after providing reasonable allowance for depreciation and other factors and for reasonable operating expenses under honest, efficient, and economical management.

  60. Tex. Natural Resources Code Sec. 111.184. DISCRETION OF COMMISSION. The commission has reasonable latitude in establishing and adjusting competitive rates.

  61. Tex. Natural Resources Code Sec. 111.185. TEMPORARY RATES. If a common carrier makes application or files a tariff to establish a new rate on either a new or old line, a temporary rate may be placed into effect immediately on filing the tariff with the commission.

  62. Tex. Natural Resources Code Sec. 111.186. REPARATION AND REIMBURSEMENT. If rates have been filed, each shipper who pays these filed rates is entitled to reparation or reimbursement of all excess rates or transportation charges paid over and above the rate that is finally determined on the shipments.

  63. Tex. Natural Resources Code Sec. 111.187. REIMBURSEMENT OF EXCESS CHARGES. If a rate is filed by a common carrier and complaint against the rate or petition to reduce the rate is filed by a shipper, and the complaint is sustained in whole or part, all shippers who have paid the rates filed by the common carrier are entitled to reparation or reimbursement of all excess transportation charges paid over and above the proper rate as finally determined on all shipments made after the date of the filing of the complaint.

  64. Tex. Natural Resources Code Sec. 111.188. ANNUAL RATE HEARING. The commission shall hold a general hearing once each year for the purpose of adjusting rates to conform to the basis of rates and charges provided in this subchapter.

  65. Tex. Natural Resources Code Sec. 111.189. HEARING AND DETERMINATION OF RATES. If a person at interest files an application for a change in a rate or rates, the commission shall call a hearing and immediately after the hearing shall establish and promulgate a rate or rates in accordance with the basis provided in this subchapter.

  66. Tex. Natural Resources Code Sec. 111.190. HEARINGS TO ADJUST RATES. On its own motion or on motion of any interested person, the commission shall hold a hearing to adjust, establish, and promulgate a proper rate or rates if it has reason to believe that any rate or rates do not conform to the basis provided in this subchapter.

  67. Tex. Natural Resources Code Sec. 111.221. COMPLAINTS; JURISDICTION TO HEAR COMPLAINTS. Any person or the attorney general on behalf of the state may institute proceedings before the commission or apply for a hearing before the commission on any question relating to the enforcement of Subchapters C, D, and F of this chapter and Sections 111.004, 111.025, 111.131 through 111.133, 111.136, 111.137, and 111.140 of this code, and the commission has jurisdiction to hear and determine these questions after giving proper notice as provided by law.

  68. Tex. Natural Resources Code Sec. 111.222. APPLICATION FOR RECEIVERSHIP. If a rule or order promulgated by the commission under Subchapter C, D, or F of this chapter or Section 111.004, 111.025, 111.131 through 111.133, 111.136, 111.137, or 111.140 of this code is found by a court to be valid in whole or part in a suit to which the commission is a party, and if another party to the suit or other proceedings violates the rule, order, or judgment or allows any property owned or controlled by him to be used in violation of the rule, order, or judgment, the commission shall make application to the judge of the trial court setting out the rule, order, or judgment and that the party subsequent to the date of the judgment violated or is violating the rule, order, or judgment and requesting a receiver be appointed as provided in Section 111.223 of this code.

  69. Tex. Natural Resources Code Sec. 111.223. APPOINTMENT OF RECEIVER. On application by the commission and after notice and hearing, the judge of the trial court may appoint a receiver of the property involved in violating the rule, order, or judgment and shall set a proper bond for the receiver.

  70. Tex. Natural Resources Code Sec. 111.224. DUTIES AND RESPONSIBILITIES OF RECEIVER. As soon as the receiver has qualified, he shall take possession of the property and shall perform his duties as receiver of the property under the orders of the court, strictly observing the rule, order, or judgment.

  71. Tex. Natural Resources Code Sec. 111.225. MOTION TO DISSOLVE RECEIVERSHIP. A party whose property has been placed in the hands of a receiver may move to dissolve the receivership and discharge the receiver only on showing that the party has not wilfully violated nor allowed property owned or controlled by him to be used in violating the rule, order, or judgment or on other good cause shown.

  72. Tex. Natural Resources Code Sec. 111.226. BOND.

  73. Tex. Natural Resources Code Sec. 111.227. PROVISIONS APPLICABLE TO ENFORCEMENT. The provisions of Title 102, Revised Civil Statutes of Texas, 1925, as amended, including provisions of this code formerly included in that title, apply in the enforcement of Subchapters C, D, and F of this chapter and Sections 111.004, 111.025, 111.131 through 111.133, 111.136, 111.137, and 111.140 of this code.

  74. Tex. Natural Resources Code Sec. 111.261. PENALTY RECOVERABLE BY STATE. A common carrier under this chapter is subject to a penalty of not less than $100 nor more than $1,000 for each offense, recoverable in the name of the state, if the common carrier:

  75. Tex. Natural Resources Code Sec. 111.262. PENALTY RECOVERABLE BY AGGRIEVED PARTY. A common carrier is subject to a penalty of not less than $100 nor more than $1,000 for each offense of unlawful discrimination as defined in Sections 111.015 through 111.017 of this code. The suit shall be brought in the name of and for the use of the aggrieved person, corporation, or association of persons.

  76. Tex. Natural Resources Code Sec. 111.263. PENALTY RECOVERABLE BY STATE AND AGGRIEVED PARTY.

  77. Tex. Natural Resources Code Sec. 111.301. CERTIFICATE REQUIRED. A person that is a common carrier under Subsection (5), Section 111.002 of this code must apply for and be issued a certificate of public convenience and necessity from the commission pursuant to the commission's authority to issue certificates under Section 111.302 of this code if the commission finds after a hearing that the public convenience and necessity will be served by the construction and operation of the pipeline.

  78. Tex. Natural Resources Code Sec. 111.302. COMMISSION AUTHORITY TO ISSUE CERTIFICATES.

  79. Tex. Natural Resources Code Sec. 111.303. CERTIFICATION PROCEDURE.

  80. Tex. Natural Resources Code Sec. 111.304. TRANSPORTATION CONTRACT. No common carrier pipeline transporting coal in whatever form shall contract or otherwise agree to transport coal for a term in excess of three years without prior approval of that contract or agreement by the commission which approval shall be given on determination that the contract or agreement is in the public interest in which case the contract or agreement shall be enforceable.

  81. Tex. Natural Resources Code Sec. 111.305. OTHER AGENCIES.

  82. Tex. Natural Resources Code Sec. 111.401. DEFINITION. In this subchapter, "well wastewater" means water containing salt or other substances produced during drilling or operating oil and other types of wells.

  83. Tex. Natural Resources Code Sec. 111.402. CREATION OF WELL WASTEWATER CORPORATION. A well wastewater corporation may be created to gather, store, and impound well wastewater and to prevent the flow of the well wastewater into a stream when the stream may be used for irrigation.

  84. Tex. Natural Resources Code Sec. 111.403. CORPORATION POWERS. In addition to the general powers conferred to a private corporation, a well wastewater corporation may acquire, own, and operate a ditch, canal, pipeline, levee, or reservoir, and an associated appliance as appropriate to gather, impound, or store well wastewater and to protect a reservoir from inflow or damage by surface water.

  85. Tex. Natural Resources Code Sec. 111.404. CONDEMNATION.

  86. Tex. Natural Resources Code Sec. 111.405. SERVICE TO WELL WASTEWATER PRODUCERS.

  87. Tex. Natural Resources Code Sec. 111.406. OWNERSHIP OF STOCK. A corporation interested in the proper disposition of well wastewater may purchase, own, or vote stock in a well wastewater corporation.

Chapter 112

  1. Tex. Natural Resources Code Sec. 112.001. DEFINITIONS. In this chapter:

  2. Tex. Natural Resources Code Sec. 112.002. APPLICABILITY. The provisions of this chapter shall not apply if the reasonable market value of the purchase made is less than $25.

  3. Tex. Natural Resources Code Sec. 112.011. BILL OF SALE. Before purchasing or acquiring by exchange used materials, a dealer, broker, or peddler shall require that a bill of sale for the used materials be executed by the seller or the person who exchanges the materials. The dealer, broker, or peddler shall keep a copy of each bill of sale at his place of business.

  4. Tex. Natural Resources Code Sec. 112.012. REQUIRED INFORMATION.

  5. Tex. Natural Resources Code Sec. 112.031. INJUNCTIVE RELIEF. In the name and on behalf of the State of Texas, the attorney general or any district attorney or county attorney in this state may enjoin a dealer, peddler, or broker from continuing in business in this state as a dealer, peddler, or broker on violation of any of the provisions of this chapter.

  6. Tex. Natural Resources Code Sec. 112.032. CRIMINAL PENALTY. A person, dealer, peddler, or broker who violates any of the provisions of this chapter is guilty of a misdemeanor and on conviction is subject to a fine of not less than $500 for each violation.

  7. Tex. Natural Resources Code Sec. 112.033. INSPECTION.

Chapter 113

  1. Tex. Natural Resources Code Sec. 113.001. TITLE. This chapter may be cited as the Liquefied Petroleum Gas Code or LPG Code.

  2. Tex. Natural Resources Code Sec. 113.002. DEFINITIONS. In this chapter:

  3. Tex. Natural Resources Code Sec. 113.003. EXCEPTIONS.

  4. Tex. Natural Resources Code Sec. 113.011. REGULATION OF LIQUEFIED PETROLEUM GAS ACTIVITIES. The commission shall administer and enforce the laws of this state and the rules and standards of the commission relating to liquefied petroleum gas.

  5. Tex. Natural Resources Code Sec. 113.014. EMPLOYEES. Sufficient employees shall be provided for the enforcement of this chapter.

  6. Tex. Natural Resources Code Sec. 113.015. FUNDS FOR FINANCING REGULATION OF LPG ACTIVITIES. The commission shall look only to the revenue derived from the operation of this chapter and appropriated by the legislature for expenses of regulating liquefied petroleum gas activities and administering this chapter.

  7. Tex. Natural Resources Code Sec. 113.051. ADOPTION OF RULES AND STANDARDS. Except as provided in Section 113.003 of this code, the commission shall promulgate and adopt rules or standards or both relating to any and all aspects or phases of the LPG industry that will protect or tend to protect the health, welfare, and safety of the general public.

  8. Tex. Natural Resources Code Sec. 113.0511. LIMITATIONS ON RULEMAKING AUTHORITY.

  9. Tex. Natural Resources Code Sec. 113.052. ADOPTION OF NATIONAL CODES. The commission may adopt by reference, in whole or in part, the published codes of the National Board of Fire Underwriters, the National Fire Protection Association, the American Society for Mechanical Engineers, and other nationally recognized societies or any one or more of these codes as standards to be met in the design, construction, fabrication, assembly, installation, use, and maintenance of containers, tanks, appliances, systems, and equipment for the transportation, storage, delivery, use, and consumption of LPG or any one or more of these purposes.

  10. Tex. Natural Resources Code Sec. 113.053. EFFECT ON CERTAIN CONTAINERS. Rules, standards, and codes adopted pursuant to Sections 113.051 through 113.052 of this code do not apply to containers used in accordance with and subject to the regulations of the United States Department of Transportation or to containers that are owned or used by the United States government.

  11. Tex. Natural Resources Code Sec. 113.054. EFFECT ON OTHER LAW. The rules and standards promulgated and adopted by the commission under Section 113.051 preempt and supersede any ordinance, order, or rule adopted by a political subdivision of this state relating to any aspect or phase of the liquefied petroleum gas industry. A political subdivision may petition the commission's executive director for permission to promulgate more restrictive rules and standards only if the political subdivision can prove that the more restrictive rules and standards enhance public safety.

  12. Tex. Natural Resources Code Sec. 113.080. DEFINITIONS. In this subchapter:

  13. Tex. Natural Resources Code Sec. 113.081. LICENSE REQUIREMENT.

  14. Tex. Natural Resources Code Sec. 113.0815. REGISTRATION OF CONTAINER MANUFACTURERS AND FABRICATORS.

  15. Tex. Natural Resources Code Sec. 113.082. CATEGORIES OF LP-GAS ACTIVITIES; FEES.

  16. Tex. Natural Resources Code Sec. 113.083. LIQUEFIED PETROLEUM GAS EMERGENCY.

  17. Tex. Natural Resources Code Sec. 113.084. APPLICATION.

  18. Tex. Natural Resources Code Sec. 113.087. COURSE OF INSTRUCTION, EXAMINATION, AND SEMINAR REQUIREMENTS.

  19. Tex. Natural Resources Code Sec. 113.088. EXAMINATION; SEMINAR FEES.

  20. Tex. Natural Resources Code Sec. 113.089. SPECIAL REQUIREMENTS FOR LICENSING.

  21. Tex. Natural Resources Code Sec. 113.090. FILING AND REGISTRATION FEES.

  22. Tex. Natural Resources Code Sec. 113.091. LICENSE DENIAL.

  23. Tex. Natural Resources Code Sec. 113.092. LICENSE ISSUANCE.

  24. Tex. Natural Resources Code Sec. 113.093. LICENSE RENEWAL.

  25. Tex. Natural Resources Code Sec. 113.094. STAGGERED RENEWAL OF LICENSES. The commission, by rule, may adopt a system under which licenses expire on various dates during the year. For the year in which the license expiration date is changed, license fees payable on a specified date shall be prorated on a monthly basis so that each licensee shall pay only that portion of the license fee that is allocable to the number of months during which the license is valid. On renewal of the license on the new expiration date, the total license renewal fee is payable.

  26. Tex. Natural Resources Code Sec. 113.095. LICENSE AND EXAMINATION BY ENDORSEMENT: OUT-OF-STATE LICENSE OR CERTIFICATION.

  27. Tex. Natural Resources Code Sec. 113.0955. CERTIFICATION AND EXAMINATION BY ENDORSEMENT: NATIONALLY RECOGNIZED TRAINING. The commission by rule shall waive the requirements of Section 113.087 for an applicant for a certificate for cylinder filling who:

  28. Tex. Natural Resources Code Sec. 113.096. PROVISIONAL LICENSE.

  29. Tex. Natural Resources Code Sec. 113.097. INSURANCE REQUIREMENT.

  30. Tex. Natural Resources Code Sec. 113.098. INSURANCE CONDITIONS.

  31. Tex. Natural Resources Code Sec. 113.099. STATEMENTS IN LIEU OF INSURANCE CERTIFICATES.

  32. Tex. Natural Resources Code Sec. 113.131. TRANSPORT TRUCKS AND TRAILERS.

  33. Tex. Natural Resources Code Sec. 113.133. MOTOR CARRIER LAWS. No provision of this chapter shall be construed to modify, amend, or revoke any motor carrier law of this state.

  34. Tex. Natural Resources Code Sec. 113.134. DEPARTMENT OF PUBLIC SAFETY. The Department of Public Safety shall cooperate with the commission in the administration and enforcement of this chapter and the rules promulgated under this chapter to the extent that they are applicable to motor vehicles.

  35. Tex. Natural Resources Code Sec. 113.161. VIOLATIONS OF CHAPTER OR RULES; INFORMAL ACTIONS.

  36. Tex. Natural Resources Code Sec. 113.162. HEARINGS. Any hearing or proceeding under this chapter shall be subject to the provisions of the Administrative Procedure and Texas Register Act.

  37. Tex. Natural Resources Code Sec. 113.163. DENIAL, REFUSAL TO RENEW, OR REVOCATION OF LICENSE OR REGISTRATION FOR AN EXEMPTION IN EVENT OF VIOLATION.

  38. Tex. Natural Resources Code Sec. 113.164. APPEAL. Any party to a proceeding before the commission is entitled to judicial review under the substantial evidence rule.

  39. Tex. Natural Resources Code Sec. 113.201. DEPOSIT AND EXPENDITURE OF FEES AND FUNDS. Money received by the commission under this chapter shall be deposited in the state treasury to the credit of the General Revenue Fund and spent in accordance with the appropriations made by law.

  40. Tex. Natural Resources Code Sec. 113.231. INJUNCTIONS.

  41. Tex. Natural Resources Code Sec. 113.232. GENERAL PENALTY.

  42. Tex. Natural Resources Code Sec. 113.233. ENTRY FOR INSPECTION AND INVESTIGATION.

  43. Tex. Natural Resources Code Sec. 113.234. WARNING TAG. An inspector, employee, or agent of the commission may declare any container, appliance, equipment, transport, system, or LP-gas operation that does not conform to the safety requirements of this chapter or rules adopted under this chapter, or which is otherwise defective, as unsafe or dangerous for LP-gas service and shall attach a warning tag in a conspicuous location.

  44. Tex. Natural Resources Code Sec. 113.235. SUPPLYING OR REMOVING LPG AFTER WARNING TAG ATTACHED.

  45. Tex. Natural Resources Code Sec. 113.236. PENALTY FOR UNAUTHORIZED REMOVAL OF TAG. An unauthorized person who knowingly removes, destroys, or in any way obliterates a warning tag attached to a container, appliance, transport, or system is guilty of a misdemeanor and on conviction is punishable by a fine of not less than $50 and not more than $2,000.

  46. Tex. Natural Resources Code Sec. 113.301. LIMITATION OF LIABILITY OF LICENSED INSTALLER OR SERVICER. A person is not liable for damages caused solely by a malfunction or the installation, modification, or improper operation of an LPG system that the person delivered for installation, installed, or serviced in a residential, commercial, or public building or in a motor vehicle if:

  47. Tex. Natural Resources Code Sec. 113.351. DEFINITIONS. In this subchapter:

  48. Tex. Natural Resources Code Sec. 113.352. DUTY TO TEST FOR LEAKAGE.

  49. Tex. Natural Resources Code Sec. 113.353. REQUIREMENTS OF TEST.

  50. Tex. Natural Resources Code Sec. 113.354. NOTICE OF TEST.

  51. Tex. Natural Resources Code Sec. 113.355. TERMINATION OF SERVICE. A supplier shall terminate service to a school district facility if:

  52. Tex. Natural Resources Code Sec. 113.356. REPORT TO BOARD OF TRUSTEES. An identified LP-gas leakage in a school district facility shall be reported to the board of trustees of the district in which the facility is located.

  53. Tex. Natural Resources Code Sec. 113.357. ENFORCEMENT. The commission shall enforce this subchapter.

  54. Tex. Natural Resources Code Sec. 113.401. NOTICE REQUIRED.

Chapter 114

  1. Tex. Natural Resources Code Sec. 114.001. DEFINITIONS. In this chapter:

  2. Tex. Natural Resources Code Sec. 114.002. APPLICABILITY OF CHAPTER. This chapter does not apply to:

  3. Tex. Natural Resources Code Sec. 114.011. CARGO MANIFEST REQUIRED. A cargo manifest must be carried in each oil tanker vehicle transporting liquid hydrocarbons on a public highway in this state and must be presented on request for inspection as provided by Section 114.101 of this code.

  4. Tex. Natural Resources Code Sec. 114.012. CONTENTS OF CARGO MANIFEST. For each load of liquid hydrocarbons loaded onto and transported by an oil tanker vehicle, the cargo manifest must include:

  5. Tex. Natural Resources Code Sec. 114.013. COPY OF CARGO MANIFEST LEFT AT LEASE OR FACILITY.

  6. Tex. Natural Resources Code Sec. 114.014. CARGO MANIFEST RECORDS. After the delivery of all liquid hydrocarbons in an oil tanker vehicle is completed, the cargo manifest must be maintained in the records of the transporter for a period of not less than two years from the date the liquid hydrocarbons are removed from the oil tanker vehicle.

  7. Tex. Natural Resources Code Sec. 114.101. AUTHORITY TO EXAMINE CARGO MANIFESTS. The commission, its designated agents or employees, or a peace officer may examine a cargo manifest, whether it is on an oil tanker vehicle or in the records of the transporter, under circumstances where the examination is a lawful attempt to determine whether this chapter is being violated.

  8. Tex. Natural Resources Code Sec. 114.102. CRIMINAL OFFENSES.

Chapter 115

  1. Tex. Natural Resources Code Sec. 115.001. DEFINITIONS. In this chapter:

  2. Tex. Natural Resources Code Sec. 115.002. EXCEPTION. This chapter does not apply to the retail purchase of a petroleum product if that product is:

  3. Tex. Natural Resources Code Sec. 115.003. DEFINITION OF UNLAWFUL OIL; PRESUMPTION.

  4. Tex. Natural Resources Code Sec. 115.011. TENDER REQUIREMENTS. The commission by order may require that a tender be obtained before oil or a petroleum product may be transported or received for transportation by pipeline, railway, boat, or barge.

  5. Tex. Natural Resources Code Sec. 115.012. TENDER; APPLICATION REQUIREMENTS.

  6. Tex. Natural Resources Code Sec. 115.013. ACTION ON TENDER APPLICATION.

  7. Tex. Natural Resources Code Sec. 115.014. JUDICIAL REVIEW.

  8. Tex. Natural Resources Code Sec. 115.015. TRANSFER UNDER TENDER.

  9. Tex. Natural Resources Code Sec. 115.016. ISSUANCE OF MANIFEST.

  10. Tex. Natural Resources Code Sec. 115.017. FORM OF MANIFEST.

  11. Tex. Natural Resources Code Sec. 115.018. TRANSFER UNDER MANIFEST; RESTRICTIONS.

  12. Tex. Natural Resources Code Sec. 115.019. RECEIPT REQUIRED. A person who transports oil or a petroleum product by motor vehicle under conditions that require a tender or manifest shall obtain a receipt from each person to whom any part of the oil or petroleum product is delivered. The receipt must be on the reverse side of the tender or manifest and must indicate:

  13. Tex. Natural Resources Code Sec. 115.020. RECORDS; INSPECTION.

  14. Tex. Natural Resources Code Sec. 115.031. FORFEITURE AUTHORIZED. Unlawful oil and unlawful petroleum products, regardless of the date of production or manufacture, are declared to be a nuisance and shall be forfeited to this state as provided by this subchapter.

  15. Tex. Natural Resources Code Sec. 115.032. REPORT TO ATTORNEY GENERAL. On the discovery of unlawful oil or an unlawful petroleum product, a member of the commission, an agent or employee of the commission, or a peace officer shall immediately file with the attorney general a report that describes the unlawful oil or unlawful petroleum product. The report must state the ownership, party in possession, amount, location, and classification of the oil or petroleum product.

  16. Tex. Natural Resources Code Sec. 115.033. ACTION IN REM.

  17. Tex. Natural Resources Code Sec. 115.034. FORFEITURE SALE.

  18. Tex. Natural Resources Code Sec. 115.041. ENFORCEMENT; ARRESTS.

  19. Tex. Natural Resources Code Sec. 115.042. PUBLICATION OF COMMISSION ORDER PRIOR TO ENFORCEMENT. A criminal action may not be maintained against a person involving the violation of a rule or order that the commission adopts, modifies, or amends until the commission publishes a complete copy of the rule or order.

  20. Tex. Natural Resources Code Sec. 115.043. CERTIFICATE AS EVIDENCE.

  21. Tex. Natural Resources Code Sec. 115.044. SERVICE OF PROCESS.

  22. Tex. Natural Resources Code Sec. 115.045. PLEADING; PROOF.

  23. Tex. Natural Resources Code Sec. 115.046. VENUE. A criminal action maintained under this chapter must be brought in:

  24. Tex. Natural Resources Code Sec. 115.047. PENALTIES.

Chapter 116

  1. Tex. Natural Resources Code Sec. 116.001. DEFINITIONS. In this chapter:

  2. Tex. Natural Resources Code Sec. 116.002. EXCEPTIONS. This chapter does not apply to:

  3. Tex. Natural Resources Code Sec. 116.011. ADMINISTRATION. The commission shall administer and enforce this chapter and rules and standards adopted under this chapter relating to compressed natural gas and liquefied natural gas.

  4. Tex. Natural Resources Code Sec. 116.012. RULES AND STANDARDS. To protect the health, safety, and welfare of the general public, the commission shall adopt necessary rules and standards relating to the work of compression and liquefaction, storage, sale or dispensing, transfer or transportation, use or consumption, and disposal of compressed natural gas or liquefied natural gas.

  5. Tex. Natural Resources Code Sec. 116.013. NATIONAL CODES. The commission may adopt by reference in its rules all or part of the published codes of nationally recognized societies as standards to be met in the design, construction, fabrication, assembly, installation, use, and maintenance of CNG or LNG components and equipment.

  6. Tex. Natural Resources Code Sec. 116.014. FEES.

  7. Tex. Natural Resources Code Sec. 116.015. ENTRY ON PROPERTY; INSPECTION AND INVESTIGATION.

  8. Tex. Natural Resources Code Sec. 116.016. LIMITATIONS ON RULEMAKING AUTHORITY.

  9. Tex. Natural Resources Code Sec. 116.031. LICENSE REQUIREMENT.

  10. Tex. Natural Resources Code Sec. 116.032. LICENSE AND REGISTRATION FEES.

  11. Tex. Natural Resources Code Sec. 116.033. APPLICATION AND RENEWAL PROCEDURES.

  12. Tex. Natural Resources Code Sec. 116.034. EXAMINATION AND SEMINAR REQUIREMENTS.

  13. Tex. Natural Resources Code Sec. 116.0345. LICENSE OR REGISTRATION BY ENDORSEMENT. The commission may waive any prerequisite to obtaining a license or registration for an applicant after reviewing the applicant's credentials and determining that the applicant holds a license or registration issued by another jurisdiction that has licensing requirements substantially equivalent to those of this state.

  14. Tex. Natural Resources Code Sec. 116.0346. PROVISIONAL LICENSE OR REGISTRATION.

  15. Tex. Natural Resources Code Sec. 116.035. DENIAL OF LICENSE. The commission may deny issuance or renewal of a license or registration to any person who fails to qualify under the requirements of this chapter and rules adopted by the commission under this chapter. The commission shall give written notice to an applicant for the issuance or renewal of a license or for registration of the denial of the license or registration and the reasons for denial.

  16. Tex. Natural Resources Code Sec. 116.036. INSURANCE REQUIREMENT.

  17. Tex. Natural Resources Code Sec. 116.037. DISCIPLINARY ACTION.

  18. Tex. Natural Resources Code Sec. 116.038. STAGGERED RENEWAL OF LICENSES. The commission by rule may adopt a system under which license and registration fees required by Section 116.032 of this code expire on various dates during the year. For the year in which the license and registration expiration dates are changed, license and registration fees payable on a specified date shall be prorated on a monthly basis so that each licensee shall pay only that portion of the license and registration fees that is allowable to the number of months during which the license and registration is valid. On renewal of the license and registration on the new expiration date, the total license and registration fees are payable.

  19. Tex. Natural Resources Code Sec. 116.071. REGISTRATION RULES. The commission shall adopt rules relating to the registration of motor vehicles that are equipped with a CNG or LNG cargo tank and motor vehicles used principally to transport compressed natural gas or liquefied natural gas in portable cylinders or containers.

  20. Tex. Natural Resources Code Sec. 116.072. REGISTRATION.

  21. Tex. Natural Resources Code Sec. 116.073. SAFETY RULES. The commission shall adopt safety rules relating to the transportation of compressed natural gas and liquefied natural gas in this state.

  22. Tex. Natural Resources Code Sec. 116.074. COOPERATION OF THE DEPARTMENT OF PUBLIC SAFETY. The Department of Public Safety shall cooperate with the commission in administering and enforcing this chapter and rules of the commission relating to regulation of motor vehicles required to be registered under this subchapter.

  23. Tex. Natural Resources Code Sec. 116.075. APPLICATION OF OTHER LAWS. This chapter and the rules adopted under this chapter do not modify, amend, or repeal any laws of this state relating to the regulation of motor carriers.

  24. Tex. Natural Resources Code Sec. 116.101. MALODORANTS. Compressed natural gas must be odorized as provided by Subchapter F, Chapter 121, Utilities Code.

  25. Tex. Natural Resources Code Sec. 116.102. TESTING LABORATORIES. The commission shall adopt rules relating to testing of CNG and LNG equipment and to the qualifications required of the persons who are to perform those tests.

  26. Tex. Natural Resources Code Sec. 116.103. WARNING TAGS.

  27. Tex. Natural Resources Code Sec. 116.141. INJUNCTIVE RELIEF.

  28. Tex. Natural Resources Code Sec. 116.142. CRIMINAL PENALTY.

  29. Tex. Natural Resources Code Sec. 116.143. ADMINISTRATIVE PENALTY.

  30. Tex. Natural Resources Code Sec. 116.144. PENALTY ASSESSMENT PROCEDURE.

  31. Tex. Natural Resources Code Sec. 116.145. PAYMENT OF PENALTY; REFUND.

  32. Tex. Natural Resources Code Sec. 116.146. RECOVERY OF PENALTY. Civil penalties owed under Sections 116.143 through 116.145 of this code may be recovered in a civil action brought by the attorney general at the request of the commission.

Chapter 117

  1. Tex. Natural Resources Code Sec. 117.001. DEFINITIONS. In this chapter:

  2. Tex. Natural Resources Code Sec. 117.011. JURISDICTION UNDER DELEGATED FEDERAL AUTHORITY.

  3. Tex. Natural Resources Code Sec. 117.012. RULES AND STANDARDS.

  4. Tex. Natural Resources Code Sec. 117.013. RECORDS AND REPORTS.

  5. Tex. Natural Resources Code Sec. 117.014. INSPECTION AND EXAMINATION OF RECORDS AND PROPERTY.

  6. Tex. Natural Resources Code Sec. 117.015. COMPLIANCE WITH FEDERAL LAW. The commission shall make reports and certifications to the United States Department of Transportation and shall take any other actions necessary to comply with 49 U.S.C. Section 60101 et seq. and its subsequent amendments or a succeeding law.

  7. Tex. Natural Resources Code Sec. 117.051. CIVIL PENALTY. A person who violates this chapter or a rule adopted by the commission under this chapter is subject to a civil penalty of not more than $200,000 for each act of violation and for each day of violation, provided that the maximum civil penalty that may be assessed for any related series of violations may not exceed $2 million.

  8. Tex. Natural Resources Code Sec. 117.052. ENFORCEMENT BY COMMISSION AND ATTORNEY GENERAL.

  9. Tex. Natural Resources Code Sec. 117.053. CRIMINAL PENALTY FOR VIOLATION OF CHAPTER AND RULES.

  10. Tex. Natural Resources Code Sec. 117.054. CRIMINAL PENALTY FOR INJURING OR DESTROYING PIPELINE FACILITIES.

  11. Tex. Natural Resources Code Sec. 117.101. LIMITATIONS ON POWERS OF CITIES.

  12. Tex. Natural Resources Code Sec. 117.102. AUTHORITY OF CITY TO ASSESS CHARGES.

Chapter 118

  1. Tex. Natural Resources Code Sec. 118.001. AUTHORITY TO REQUIRE PLAN FOR PIPELINE ASSESSMENT OR TESTING.

  2. Tex. Natural Resources Code Sec. 118.002. PIPELINES FOR WHICH PLAN MAY BE REQUIRED.

  3. Tex. Natural Resources Code Sec. 118.003. CONTENTS OF PLAN. The rules adopted under this chapter may require that a plan include:

  4. Tex. Natural Resources Code Sec. 118.004. APPROVAL OF PLAN. The Railroad Commission of Texas may approve a plan that complies with rules adopted under this chapter.

  5. Tex. Natural Resources Code Sec. 118.005. CONSEQUENCES OF PLAN APPROVAL. The approval of a plan by the Railroad Commission of Texas does not constitute a certification or representation that the pipeline is in compliance with or exempt from applicable safety standards.

Chapter 119

  1. Tex. Natural Resources Code Sec. 119.001. DEFINITIONS. In this chapter:

  2. Tex. Natural Resources Code Sec. 119.002. ACQUISITION OF CARBON DIOXIDE.

  3. Tex. Natural Resources Code Sec. 119.0025. MONITORING OF SEQUESTERED CARBON DIOXIDE. The Bureau of Economic Geology of The University of Texas at Austin shall monitor, measure, and verify the permanent status of sequestered carbon dioxide in which the commission has acquired the right, title, and interest under Section 119.002.

  4. Tex. Natural Resources Code Sec. 119.003. TRANSFER COSTS. Carbon dioxide transferred to the state under Section 119.002 shall be transferred to the state without cost, other than administrative and legal costs incurred in making the transfer.

  5. Tex. Natural Resources Code Sec. 119.004. LIABILITY.

  6. Tex. Natural Resources Code Sec. 119.005. SALE OF CARBON DIOXIDE FOR BENEFICIAL USE.

  7. Tex. Natural Resources Code Sec. 119.006. INDEMNIFICATION. The University of Texas System, the permanent university fund, and the Texas Board of Criminal Justice may enter into a lease with the commission or with an owner or operator of a clean coal project for the use of lands owned or controlled by the system, the fund, or the board for permanent storage of carbon dioxide captured by a clean coal project, provided that such lease adequately indemnifies the system, the fund, the board, and the Texas Department of Criminal Justice against liability for personal injury or property damage incurred by the system, the fund, the board, or the department as a result of the escape or migration of the carbon dioxide after it is injected into a zone or reservoir. This section does not affect the application of Chapter 101, Civil Practice and Remedies Code, to any activity carried out by a governmental unit, as defined by that chapter.

  8. Tex. Natural Resources Code Sec. 119.007. REPRESENTATION BY ATTORNEY GENERAL.

Chapter 120

  1. Tex. Natural Resources Code Sec. 120.001. DEFINITIONS. In this chapter:

  2. Tex. Natural Resources Code Sec. 120.002. CERTIFICATION OF CLEAN ENERGY PROJECT.

  3. Tex. Natural Resources Code Sec. 120.003. MONITORING OF SEQUESTERED CARBON DIOXIDE.

  4. Tex. Natural Resources Code Sec. 120.004. ISSUANCE OF CERTIFICATE OF COMPLIANCE.

Chapter 121

  1. Tex. Natural Resources Code Sec. 121.001. DEFINITIONS. In this chapter:

  2. Tex. Natural Resources Code Sec. 121.002. OWNERSHIP OF ANTHROPOGENIC CARBON DIOXIDE.

  3. Tex. Natural Resources Code Sec. 121.003. ANTHROPOGENIC CARBON DIOXIDE STORAGE TRUST FUND.

  4. Tex. Natural Resources Code Sec. 121.004. EXTRACTION OF STORED ANTHROPOGENIC CARBON DIOXIDE.

Chapter 122

  1. Tex. Natural Resources Code Sec. 122.001. DEFINITIONS. In this chapter:

  2. Tex. Natural Resources Code Sec. 122.002. OWNERSHIP OF FLUID OIL AND GAS WASTE TRANSFERRED FOR TREATMENT AND SUBSEQUENT BENEFICIAL USE. Unless otherwise expressly provided by an oil or gas lease, a surface use agreement, a contract, a bill of sale, or another legally binding document:

  3. Tex. Natural Resources Code Sec. 122.003. RESPONSIBILITY IN TORT.

  4. Tex. Natural Resources Code Sec. 122.004. COMMISSION RULES FOR TREATMENT AND BENEFICIAL USE.

Chapter 123

  1. Tex. Natural Resources Code Sec. 123.001. DEFINITIONS. In this chapter:

  2. Tex. Natural Resources Code Sec. 123.0015. BENEFICIAL USE.

  3. Tex. Natural Resources Code Sec. 123.002. OWNERSHIP OF DRILL CUTTINGS TRANSFERRED FOR TREATMENT AND SUBSEQUENT BENEFICIAL USE. Unless otherwise expressly provided by a contract, bill of sale, or other legally binding document:

  4. Tex. Natural Resources Code Sec. 123.003. RESPONSIBILITY IN TORT. Unless otherwise provided by a contract or other written agreement, a person who generates drill cuttings and transfers the drill cuttings in an arm's length transaction to an unaffiliated third-party permit holder under a contract that requires that the drill cuttings be used in connection with road building or another beneficial use or disposed of is not liable in tort for a consequence of the subsequent use or disposal of the drill cuttings by the permit holder or by another person if:

  5. Tex. Natural Resources Code Sec. 123.004. PERMIT COPY REQUIRED. A permit holder who takes possession of drill cuttings from the person who generated the drill cuttings shall provide to the generator a copy of the holder's permit.

  6. Tex. Natural Resources Code Sec. 123.005. COMMISSION RULES, PERMITS, AND ORDERS FOR TREATMENT AND BENEFICIAL USE.

Chapter 131

  1. Tex. Natural Resources Code Sec. 131.001. SHORT TITLE. This chapter may be cited as the Texas Uranium Exploration, Surface Mining, and Reclamation Act.

  2. Tex. Natural Resources Code Sec. 131.002. DECLARATION OF POLICY. The legislature finds and declares that:

  3. Tex. Natural Resources Code Sec. 131.003. PURPOSES. It is declared to be the purpose of this chapter:

  4. Tex. Natural Resources Code Sec. 131.004. DEFINITIONS. In this chapter:

  5. Tex. Natural Resources Code Sec. 131.005. RECLAMATION.

  6. Tex. Natural Resources Code Sec. 131.006. EXCLUSIONS AND EXEMPTIONS. The provisions of this chapter do not apply to the following:

  7. Tex. Natural Resources Code Sec. 131.021. GENERAL AUTHORITY OF COMMISSION. In seeking to accomplish the purposes of this chapter, the commission shall have the authority:

  8. Tex. Natural Resources Code Sec. 131.022. JURISDICTION OF COMMISSION.

  9. Tex. Natural Resources Code Sec. 131.023. COMMISSION PROCEDURE. The commission shall seek the accomplishment of the purposes of this chapter by all practicable methods.

  10. Tex. Natural Resources Code Sec. 131.024. COMPLIANCE WITH FEDERAL SURFACE MINING LAWS.

  11. Tex. Natural Resources Code Sec. 131.025. HEARING PROCEDURE. At a hearing under this chapter, the commission may:

  12. Tex. Natural Resources Code Sec. 131.033. DIFFERING TERMS AND PROVISIONS OF RULES. A rule or an amendment of a rule adopted by the commission may differ in its terms and provisions between particular conditions, particular mining techniques, particular areas of the state, or any other conditions that appear relevant and necessary so long as the action taken is consistent with attainment of the general intent and purposes of this chapter.

  13. Tex. Natural Resources Code Sec. 131.034. EXPLORATION ACTIVITIES. The commission shall promulgate rules governing uranium exploration activity.

  14. Tex. Natural Resources Code Sec. 131.035. RULES DESIGNATING UNSUITABLE LAND.

  15. Tex. Natural Resources Code Sec. 131.036. SURVEY OF LAND.

  16. Tex. Natural Resources Code Sec. 131.037. COMMISSION STATEMENT. Before designating a land area as unsuitable for surface mining operations, the commission shall prepare a detailed statement on the potential mineral and other resources in the area, the demand for these resources, and the impact of the designation on the environment, the economy, and the supply of the mineral.

  17. Tex. Natural Resources Code Sec. 131.038. REASONS FOR UNSUITABLE DESIGNATION. After the survey is made, an area may be designated unsuitable for all or certain types of surface mining if:

  18. Tex. Natural Resources Code Sec. 131.039. PETITION AND HEARING ON DESIGNATION.

  19. Tex. Natural Resources Code Sec. 131.040. MODIFYING, AMENDING, AND TERMINATING DESIGNATIONS. The commission may modify, amend, or terminate a designation pursuant to the requirements of Sections 131.035 through 131.039 of this code.

  20. Tex. Natural Resources Code Sec. 131.041. APPLICABILITY OF SUBCHAPTER. The provisions of Sections 131.035 through 131.040 of this code do not apply to land on which surface mining operations were being conducted on June 21, 1975.

  21. Tex. Natural Resources Code Sec. 131.042. RECORDS, REPORTS, MONITORING EQUIPMENT, AND INFORMATION. The commission shall require each permittee to:

  22. Tex. Natural Resources Code Sec. 131.043. INSPECTION BY COMMISSION. Without advance notice and on presentation of appropriate credentials to the operation supervisor, if present, the authorized representatives of the commission are entitled to enter in, on, or through a surface mining operation or premises in which any records required under Section 131.042 of this code are located, and may at reasonable times and without delay have access to and copy any records and inspect monitoring equipment or methods of operation required under this chapter.

  23. Tex. Natural Resources Code Sec. 131.044. TIME AND PROCEDURES FOR INSPECTIONS.

  24. Tex. Natural Resources Code Sec. 131.045. SIGN. Each permittee shall maintain at the entrances to the surface mining and reclamation operations a clearly visible sign that sets forth the name, business address, and phone number of the permittee and the permit number of the surface mining and reclamation operations.

  25. Tex. Natural Resources Code Sec. 131.046. PROCEDURE ON DETECTION OF VIOLATION. On detection of each violation of a requirement of this chapter, each inspector shall inform the operator of the violation orally at the time of the detection and in writing at a later time and shall report the violation in writing to the commission.

  26. Tex. Natural Resources Code Sec. 131.047. JUDICIAL REVIEW.

  27. Tex. Natural Resources Code Sec. 131.048. CONFIDENTIALITY. Information submitted to the commission concerning mineral deposits, including test borings, core samplings, geophysical logs, or trade secrets or privileged commercial or financial information relating to the competitive rights of the applicant for an exploration permit or surface mining permit and specifically identified as confidential by the applicant, if not essential for public review as determined by the commission, shall not be disclosed by any member, agent, or employee of the commission.

  28. Tex. Natural Resources Code Sec. 131.049. TEMPORARY ORDERS PRIOR TO NOTICE AND HEARING.

  29. Tex. Natural Resources Code Sec. 131.101. RECLAMATION PLAN.

  30. Tex. Natural Resources Code Sec. 131.102. RECLAMATION STANDARDS.

  31. Tex. Natural Resources Code Sec. 131.131. PERMIT REQUIRED FOR OPERATION.

  32. Tex. Natural Resources Code Sec. 131.132. FORM OF PERMIT APPLICATION. On application to the commission for a surface mining permit, an operator shall submit three copies of a permit application on a form prescribed by the commission, and the commission shall require in the form the information it considers reasonably necessary to process the application and to ensure compliance with the provisions of this chapter.

  33. Tex. Natural Resources Code Sec. 131.133. REQUIRED INFORMATION. The permit application shall include information concerning:

  34. Tex. Natural Resources Code Sec. 131.134. DOCUMENTS TO BE INCLUDED WITH APPLICATION. An applicant shall include with his permit application a copy of a reclamation plan prepared as provided in Section 131.101 of this code and a copy of the notice published in compliance with the requirement of Section 131.159 of this code.

  35. Tex. Natural Resources Code Sec. 131.135. APPLICATION FEES.

  36. Tex. Natural Resources Code Sec. 131.136. AMENDMENT TO PERMIT APPLICATION. A permit application may be amended to exclude the part of an operation that lies within an area designated as unsuitable for surface mining under Sections 131.035 through 131.041 of this code.

  37. Tex. Natural Resources Code Sec. 131.137. COMBINED PERMIT APPLICATION.

  38. Tex. Natural Resources Code Sec. 131.138. FILING APPLICATION WITH COUNTY CLERK. After deleting confidential information as provided in Section 131.048 of this code, the commission shall file for public inspection with the county clerk at the county courthouse of the county in which any portion of the mining is proposed to occur a copy of each application.

  39. Tex. Natural Resources Code Sec. 131.139. SUBMISSION OF APPLICATION TO AGENCIES FOR COMMENT.

  40. Tex. Natural Resources Code Sec. 131.140. APPROVAL OF PERMIT.

  41. Tex. Natural Resources Code Sec. 131.141. DENIAL OF A PERMIT. The commission shall deny a permit if:

  42. Tex. Natural Resources Code Sec. 131.142. TERM AND TRANSFERABILITY OF PERMIT.

  43. Tex. Natural Resources Code Sec. 131.143. LIABILITY INSURANCE POLICY.

  44. Tex. Natural Resources Code Sec. 131.144. RULES FOR REVISION, TRANSFER, AND RENEWAL OF PERMITS. The commission shall promulgate rules for renewal, revision, and transfer of surface mining permits.

  45. Tex. Natural Resources Code Sec. 131.145. RIGHT TO RENEWAL. A valid surface mining permit issued under this chapter carries with it the right of successive renewal on expiration with respect to area within the boundaries of the existing permit.

  46. Tex. Natural Resources Code Sec. 131.146. APPLICATION FOR AND ISSUANCE OF RENEWAL. The holder of a permit may apply for renewal and the renewal shall be issued on the basis of the following requirements and written findings by the commission that:

  47. Tex. Natural Resources Code Sec. 131.147. RENEWAL APPLICATION FEE.

  48. Tex. Natural Resources Code Sec. 131.148. EXTENSION OF PERMIT COVERAGE. If an application for renewal of a valid permit includes a proposal to extend the mining operation beyond the boundaries authorized in the existing permit, the portion of the application for renewal of a valid permit that addresses any new land areas shall be subject to the full standards, including application fees, applicable to new applications under this chapter.

  49. Tex. Natural Resources Code Sec. 131.149. TERM OF RENEWAL PERMIT. A surface mining permit renewal shall be for a term not to exceed the period of the original permit established under this chapter.

  50. Tex. Natural Resources Code Sec. 131.150. TIME LIMIT FOR RENEWAL APPLICATION. Application for permit renewal shall be made at least 90 days before the expiration of the valid permit.

  51. Tex. Natural Resources Code Sec. 131.151. REVISION OF PERMIT. During the term of a surface mining permit, the permittee may submit an application, together with a revised reclamation plan, to the commission for a revision of the permit.

  52. Tex. Natural Resources Code Sec. 131.152. APPROVAL OR DISAPPROVAL OF PERMIT REVISION. No application for a revision of a permit may be approved unless the commission finds that reclamation as required under this chapter can be accomplished under the revised reclamation plan.

  53. Tex. Natural Resources Code Sec. 131.153. GUIDELINES FOR REVISION.

  54. Tex. Natural Resources Code Sec. 131.154. EXTENSIONS TO AREA. Except for incidental boundary revisions, an extension to the area covered by a permit must be made by application for another permit or for revision of a permit.

  55. Tex. Natural Resources Code Sec. 131.155. TRANSFER OF PERMIT.

  56. Tex. Natural Resources Code Sec. 131.156. REQUIRED INFORMATION FOR TRANSFER. As part of the information for transfer, the commission shall require:

  57. Tex. Natural Resources Code Sec. 131.157. APPROVAL OF TRANSFER. After notice and an opportunity for a public hearing, if required under Sections 131.159 and 131.163 of this code, and on a written finding by the commission that the requirements of Sections 131.146 through 131.150 of this code have been met, the application for transfer shall be approved.

  58. Tex. Natural Resources Code Sec. 131.158. DENIAL OF APPLICATION FOR TRANSFER. An application for transfer shall be denied if the applicant has had a permit issued under this chapter revoked or a bond posted to comply with this chapter forfeited, and the conditions causing the permit to be revoked or the bond to be forfeited have not been corrected to the satisfaction of the commission.

  59. Tex. Natural Resources Code Sec. 131.159. NOTICE BY APPLICANT.

  60. Tex. Natural Resources Code Sec. 131.160. NOTIFICATION BY COMMISSION. The commission shall contact various local governmental bodies, planning agencies, sewage, and water treatment authorities or water companies that have jurisdiction over or in the locality in which the proposed surface mining will occur, and the owners of record of surface areas within 500 feet of any part of the permit area and shall give them notice of the applicant's intention to surface mine a particularly described tract of land and indicate the applicant's permit number, if any, and the place at which a copy of the proposed mining and reclamation plan may be inspected.

  61. Tex. Natural Resources Code Sec. 131.161. COMMENTS.

  62. Tex. Natural Resources Code Sec. 131.162. WRITTEN OBJECTIONS.

  63. Tex. Natural Resources Code Sec. 131.163. NOTICE AND PUBLIC HEARING.

  64. Tex. Natural Resources Code Sec. 131.165. PROCEDURE. The commission shall comply with the Administrative Procedure and Texas Register Act in all proceedings under this chapter except where inconsistent with this chapter.

  65. Tex. Natural Resources Code Sec. 131.201. PERFORMANCE BOND REQUIREMENT.

  66. Tex. Natural Resources Code Sec. 131.202. AMOUNT OF PERFORMANCE BOND.

  67. Tex. Natural Resources Code Sec. 131.203. BOND WITHOUT SURETY. The commission may accept the bond of the operator itself, without separate surety, if the operator demonstrates to the satisfaction of the commission the existence of a suitable agent to receive service of process and a history of financial solvency and continuous operation sufficient to self-insure or bond the amount.

  68. Tex. Natural Resources Code Sec. 131.204. EXTENT OF LIABILITY UNDER BOND. Liability under the bond shall be for the duration of surface mining and reclamation operations and for a period coincident with the operator's responsibility pursuant to Section 131.102 of this code.

  69. Tex. Natural Resources Code Sec. 131.205. SECURITY FOR BOND.

  70. Tex. Natural Resources Code Sec. 131.206. INCREASE OR DECREASE OF BOND.

  71. Tex. Natural Resources Code Sec. 131.207. FORFEITURE OF OPERATOR'S PERFORMANCE BOND. On issuance of a final order revoking an operator's permit for failure to comply with an order of the commission to take action as required by this chapter or rules adopted under this chapter, the operator's performance bond shall be forfeited if it is determined that forfeiture is necessary to reclaim land disturbed by the operator's surface mining operation.

  72. Tex. Natural Resources Code Sec. 131.208. APPLICATION FOR RELEASE OF PERFORMANCE BOND OR DEPOSIT.

  73. Tex. Natural Resources Code Sec. 131.209. NOTICE.

  74. Tex. Natural Resources Code Sec. 131.210. INSPECTION AND EVALUATION.

  75. Tex. Natural Resources Code Sec. 131.211. BASIS FOR RELEASE OF BOND OR DEPOSIT. The commission may release in whole or part the bond or deposit if it is satisfied that reclamation covered by the bond or deposit or a portion of the bond or deposit has been accomplished as required by this chapter according to the following schedule:

  76. Tex. Natural Resources Code Sec. 131.212. DISAPPROVAL OF APPLICATION FOR BOND OR DEPOSIT RELEASE. If the commission disapproves the application for release of the bond or deposit or a portion of the bond or deposit, it shall notify the operator in writing of the reasons for disapproval and recommend corrective actions necessary to secure the release.

  77. Tex. Natural Resources Code Sec. 131.213. NOTICE OF RELEASE TO LOCAL GOVERNMENTAL AGENCY. Within 30 days after an application for total or partial bond or deposit release is filed with the commission, the commission shall notify the local governmental agency in which the surface mining operation is located by certified mail.

  78. Tex. Natural Resources Code Sec. 131.214. OBJECTIONS TO RELEASE.

  79. Tex. Natural Resources Code Sec. 131.231. LAND RECLAMATION FUND.

  80. Tex. Natural Resources Code Sec. 131.232. APPROPRIATION. Money for the operation of the commission under this chapter shall be appropriated by the legislature.

  81. Tex. Natural Resources Code Sec. 131.233. USE OF PROCEEDS FROM BOND FORFEITURES AND PENALTIES. Proceeds from the forfeiture of bonds and penalties recovered shall be spent to reclaim land as provided in this chapter with respect to which the bonds were provided and the penalties assessed.

  82. Tex. Natural Resources Code Sec. 131.234. RECLAMATION OF LAND.

  83. Tex. Natural Resources Code Sec. 131.261. CONDITIONS, PRACTICES, AND VIOLATIONS CREATING IMMINENT DANGER OR CAUSING IMMINENT HARM.

  84. Tex. Natural Resources Code Sec. 131.262. VIOLATIONS NOT CREATING IMMINENT DANGER OR CAUSING IMMINENT HARM.

  85. Tex. Natural Resources Code Sec. 131.263. CONTINUOUS VIOLATIONS.

  86. Tex. Natural Resources Code Sec. 131.264. FORM OF NOTICES AND ORDERS.

  87. Tex. Natural Resources Code Sec. 131.265. CIVIL ACTIONS.

  88. Tex. Natural Resources Code Sec. 131.266. INJUNCTIVE RELIEF AND CIVIL PENALTY.

  89. Tex. Natural Resources Code Sec. 131.2661. ADMINISTRATIVE PENALTY.

  90. Tex. Natural Resources Code Sec. 131.2662. PENALTY ASSESSMENT PROCEDURE.

  91. Tex. Natural Resources Code Sec. 131.2663. PAYMENT OF PENALTY; REFUND.

  92. Tex. Natural Resources Code Sec. 131.2664. RECOVERY OF PENALTY. Civil penalties owed under Sections 131.2661-131.2663 of this code may be recovered in a civil action brought by the attorney general at the request of the commission.

  93. Tex. Natural Resources Code Sec. 131.267. CRIMINAL PENALTY FOR VIOLATING PERMITS AND ORDERS. A person who wilfully and knowingly violates a condition of a permit issued under this chapter or fails or refuses to comply with an order issued under Section 131.264 of this code or an order incorporated in a final decision issued by the commission under this chapter, on conviction by a district court, shall be punished by a criminal penalty of not more than $10,000 or by imprisonment for not more than one year or by both.

  94. Tex. Natural Resources Code Sec. 131.268. CRIMINAL PENALTY FOR CORPORATE PERMITTEE. If a corporate permittee violates a condition of a permit issued under this chapter or fails or refuses to comply with an order issued under Section 131.264 of this code or an order incorporated in a final decision issued by the commission under this chapter, a director, officer, or agent of the corporation who wilfully and knowingly authorized, ordered, or carried out the violation, failure, or refusal, on conviction by a district court, is punishable by a criminal penalty of not more than $10,000 or by imprisonment for not more than one year or by both.

  95. Tex. Natural Resources Code Sec. 131.269. CRIMINAL PENALTY FOR FALSE STATEMENT, REPRESENTATION, OR CERTIFICATION. A person who knowingly makes a false statement, representation, or certification or who knowingly fails to make a statement, representation, or certification in an application, record, report, plan, or other document filed or required to be maintained under this chapter, on conviction by a district court, is punishable by a criminal penalty of not more than $10,000 or by imprisonment for not more than one year or by both.

  96. Tex. Natural Resources Code Sec. 131.270. RECOVERY OF CIVIL PENALTIES.

  97. Tex. Natural Resources Code Sec. 131.301. DISCHARGE RULES, ORDERS, AND PERMITS. To prevent the pollution of surface and subsurface water in the state, the commission has the exclusive authority to adopt rules and may issue orders and permits relating to the discharge or runoff of waste or any other substance or material from any permitted uranium exploration activity. Notwithstanding any provision of any other section of this chapter, a rule adopted, order issued, or permit issued by the commission under this subchapter shall be administered and enforced solely in the manner provided by this subchapter by the rule, order, or permit, or by Chapter 2001, Government Code.

  98. Tex. Natural Resources Code Sec. 131.302. ACCESS TO PROPERTY AND RECORDS. Members and employees of the commission, on proper identification, may enter public or private property to inspect and investigate conditions associated with any uranium exploration activity and related to the quality of water in the state, to inspect and investigate conditions related to the development of rules, orders, or permits issuable by the commission under this subchapter, to monitor compliance with any rule, order, or permit issued by the commission under this subchapter, or to examine and copy, during reasonable working hours, any records required to be maintained under any rule, order, or permit issued by the commission under this subchapter. Members or employees acting under the authority of this section who enter an establishment on public or private property shall observe the establishment's safety, internal security, and fire protection rules.

  99. Tex. Natural Resources Code Sec. 131.303. INJUNCTIVE RELIEF AND CIVIL PENALTY. If a person violates or threatens to violate a rule, order, or permit issued by the commission under this subchapter, the commission may request the attorney general to institute an action to obtain a permanent or temporary injunction, temporary restraining order, or other appropriate order enjoining the violation or threatened violation, or to recover a civil penalty of not more than $10,000 a day for each violation or threatened violation, or for both injunctive relief and civil penalty. The action shall be brought in a court of competent jurisdiction in Travis County, in the county in which the violation occurred, or in the county of residence of any defendant.

  100. Tex. Natural Resources Code Sec. 131.304. ADMINISTRATIVE PENALTY. A person who violates a rule, order, or permit issued by the commission under this subchapter may be assessed a civil penalty by the commission. The penalty may not exceed $10,000 a day for each violation. Each day a violation continues may be considered a separate violation for purposes of penalty assessments. In determining the amount of the penalty, the commission shall consider the permittee's history of previous violations, the seriousness of the violation, any hazard to the health or safety of the public, and the demonstrated good faith of the person charged. The penalty shall be assessed, recovered, and contested in accordance with the procedures provided in Sections 131.2662-131.2664 of Subchapter G of this chapter.

  101. Tex. Natural Resources Code Sec. 131.305. CRIMINAL PENALTY. A person who knowingly, willfully, or with criminal negligence violates a rule, order, or permit issued by the commission under this subchapter commits an offense that is punishable by a fine of not more than $10,000 a day for each violation. Venue for prosecution of an alleged violation is in a court of competent jurisdiction in the county in which the violation is alleged to have occurred.

  102. Tex. Natural Resources Code Sec. 131.351. APPLICABILITY OF SUBCHAPTER.

  103. Tex. Natural Resources Code Sec. 131.352. EXPLORATION PERMITS.

  104. Tex. Natural Resources Code Sec. 131.353. SCOPE OF EXPLORATION PERMIT.

  105. Tex. Natural Resources Code Sec. 131.354. COMMISSION JURISDICTION.

  106. Tex. Natural Resources Code Sec. 131.355. APPLICATION FEES.

  107. Tex. Natural Resources Code Sec. 131.356. NOTIFICATION BY COMMISSION.

  108. Tex. Natural Resources Code Sec. 131.357. GEOLOGIC, HYDROLOGIC, WATER QUALITY, AND WELL INFORMATION.

Chapter 132

  1. Tex. Natural Resources Code Sec. 132.001. ADOPTION OF COMPACT. The Interstate Mining Compact is enacted into law and entered into with all other jurisdictions legally joining in the compact in the form provided in Section 132.002 of this code.

  2. ARTICLE I. FINDINGS AND PURPOSES

  3. ARTICLE II. DEFINITIONS

  4. ARTICLE III. STATE PROGRAMS

  5. ARTICLE IV. POWERS

  6. ARTICLE IX. EFFECT ON OTHER LAWS

  7. ARTICLE V. THE COMMISSION

  8. ARTICLE VI. ADVISORY, TECHNICAL, AND REGIONAL COMMITTEES

  9. ARTICLE VII. FINANCE

  10. ARTICLE VIII. ENTRY INTO FORCE AND WITHDRAWAL

  11. ARTICLE X. CONSTRUCTION AND SEVERABILITY

  12. Tex. Natural Resources Code Sec. 132.002. TEXT OF COMPACT. The Interstate Mining Compact reads as follows:

  13. Tex. Natural Resources Code Sec. 132.003. ESTABLISHMENT AND DUTIES OF TEXAS MINING COUNCIL. The Texas Mining Council is established in the office of the governor and shall perform the duties of the advisory board provided in Section (a), Article V of the Interstate Mining Compact.

  14. Tex. Natural Resources Code Sec. 132.004. MEMBERSHIP OF TEXAS MINING COUNCIL.

  15. Tex. Natural Resources Code Sec. 132.0041. LIMITATIONS ON COUNCIL MEMBERSHIP.

  16. Tex. Natural Resources Code Sec. 132.0042. REMOVAL OF COUNCIL MEMBERS.

  17. Tex. Natural Resources Code Sec. 132.005. TERMS OF OFFICE. Members of the Texas Mining Council shall serve for terms of two years.

  18. Tex. Natural Resources Code Sec. 132.0051. COUNCIL CHAIRMAN. The member of the council selected as the governor's alternate under Section (a), Article V of the Interstate Mining Compact serves as chairman of the council.

  19. Tex. Natural Resources Code Sec. 132.006. COMPENSATION AND TRAVEL EXPENSES.

  20. Tex. Natural Resources Code Sec. 132.007. MEMBERSHIP IN EMPLOYEES RETIREMENT SYSTEM.

  21. Tex. Natural Resources Code Sec. 132.008. FILING BYLAWS AND AMENDMENTS. A copy of the bylaws and all amendments to the bylaws of the Interstate Mining Commission promulgated under Section (i), Article V of the Interstate Mining Compact shall be filed in the office of the Secretary of State.

  22. Tex. Natural Resources Code Sec. 132.0081. ANNUAL REPORT. On or before October 1 of each year, the office of the Interstate Mining Compact Commissioner for Texas shall prepare and file with the presiding officer of each house of the legislature a complete and detailed written report describing activities of the office relating to this state's participation in the Interstate Mining Compact and accounting for all funds received and disbursed by the office during the preceding year. The report must be included as part of the annual financial report of the governor's office.

Chapter 133

  1. Tex. Natural Resources Code Sec. 133.001. SHORT TITLE. This chapter may be cited as the Texas Aggregate Quarry and Pit Safety Act.

  2. Tex. Natural Resources Code Sec. 133.002. PURPOSE. The Legislature of the State of Texas finds that:

  3. Tex. Natural Resources Code Sec. 133.003. DEFINITIONS. In this chapter:

  4. Tex. Natural Resources Code Sec. 133.011. GENERAL AUTHORITY OF THE DEPARTMENT. To accomplish the limited purposes of this chapter, the department may:

  5. Tex. Natural Resources Code Sec. 133.012. INVENTORY OF ACTIVE, INACTIVE, AND ABANDONED QUARRIES AND PITS.

  6. Tex. Natural Resources Code Sec. 133.013. DETERMINATION OF STATUS. After notice and hearing, the department may determine whether a quarry or pit has been abandoned, is active, or is inactive.

  7. Tex. Natural Resources Code Sec. 133.021. PERSONS RESPONSIBLE FOR QUARRY OR PIT.

  8. Tex. Natural Resources Code Sec. 133.031. REPORT OF ABANDONED OR INACTIVE QUARRY OR PIT.

  9. Tex. Natural Resources Code Sec. 133.032. REPORT OF AN ACTIVE QUARRY OR PIT. On or before October 1, 1991, the person responsible for a quarry or pit that is active on June 30, 1991, shall report to the department.

  10. Tex. Natural Resources Code Sec. 133.033. FORM AND CONTENT OF REPORT.

  11. Tex. Natural Resources Code Sec. 133.041. BARRIERS REQUIRED.

  12. Tex. Natural Resources Code Sec. 133.042. CONSTRUCTION STANDARDS.

  13. Tex. Natural Resources Code Sec. 133.043. CONSTRUCTION COSTS.

  14. Tex. Natural Resources Code Sec. 133.044. PROHIBITION AGAINST OPENING PITS.

  15. Tex. Natural Resources Code Sec. 133.045. SAFETY CERTIFICATE REQUIRED.

  16. Tex. Natural Resources Code Sec. 133.046. FORM AND CONTENTS OF APPLICATION.

  17. Tex. Natural Resources Code Sec. 133.047. APPLICATION FEE.

  18. Tex. Natural Resources Code Sec. 133.048. REVIEW OF APPLICATION.

  19. Tex. Natural Resources Code Sec. 133.049. INSPECTION OF BARRIERS. Within 15 days of the time in which construction of barriers required by Section 133.041 of this code and described in an approved application is required to be completed, the department may inspect those barriers to determine whether they meet the requirements of this subchapter.

  20. Tex. Natural Resources Code Sec. 133.050. ISSUANCE OF CERTIFICATE.

  21. Tex. Natural Resources Code Sec. 133.051. TRANSFER OF CERTIFICATE AFTER TRANSFER OF TITLE.

  22. Tex. Natural Resources Code Sec. 133.052. RECERTIFICATION AFTER TRANSFER OF TITLE.

  23. Tex. Natural Resources Code Sec. 133.053. DENIAL OR REVOCATION OF CERTIFICATE.

  24. Tex. Natural Resources Code Sec. 133.054. CESSATION OF ACTIVE PIT OPERATIONS.

  25. Tex. Natural Resources Code Sec. 133.081. NOTICE OF VIOLATION; TIME TO CURE.

  26. Tex. Natural Resources Code Sec. 133.082. CIVIL PENALTY.

  27. Tex. Natural Resources Code Sec. 133.083. INJUNCTION.

  28. Tex. Natural Resources Code Sec. 133.084. RECOVERY OF COSTS. A person responsible for a quarry or pit is liable to the state for customary, ordinary, and reasonable costs incurred by the department in undertaking corrective or enforcement action under this chapter and for court costs and attorney's fees.

  29. Tex. Natural Resources Code Sec. 133.085. PROCEDURE.

  30. Tex. Natural Resources Code Sec. 133.086. DISPOSITION OF PENALTIES AND COSTS. Money collected under Section 133.082 or 133.084 of this code shall be deposited in the state treasury to the credit of the Texas aggregates quarry and pit safety fund.

  31. Tex. Natural Resources Code Sec. 133.087. COMPLIANCE. Compliance with this Act shall be admissible as evidence in any legal proceeding.

  32. Tex. Natural Resources Code Sec. 133.088. GOVERNMENTAL LIABILITY. The provisions of this act shall not be construed to impose any liability upon a state governmental entity or county, or their officers or employees.

  33. Tex. Natural Resources Code Sec. 133.091. COUNTY AUTHORITY TO REGULATE. A county with a population of 3.3 million or more may adopt regulations requiring the placement of signs or barriers on aggregate quarries and pits.

  34. Tex. Natural Resources Code Sec. 133.092. AREA SUBJECT TO REGULATION. A regulation adopted under this subchapter applies only in the unincorporated area of the county.

  35. Tex. Natural Resources Code Sec. 133.093. CONFLICT WITH DEPARTMENT RULE. A county may not adopt regulations for aggregate quarries and pits which are regulated by the department.

  36. Tex. Natural Resources Code Sec. 133.121. USE OF MUNICIPAL QUARRY SITE LOCATED IN DIFFERENT MUNICIPALITY.

  37. Tex. Natural Resources Code Sec. 133.901. DISTANCE BETWEEN PIT AND PROPERTY LINE.

Chapter 134

  1. Tex. Natural Resources Code Sec. 134.001. SHORT TITLE. This chapter may be cited as the Texas Surface Coal Mining and Reclamation Act.

  2. Tex. Natural Resources Code Sec. 134.002. FINDINGS AND DECLARATION OF POLICY. The legislature finds and declares that:

  3. Tex. Natural Resources Code Sec. 134.003. PURPOSES. It is the purpose of this chapter:

  4. Tex. Natural Resources Code Sec. 134.004. DEFINITIONS. In this chapter:

  5. Tex. Natural Resources Code Sec. 134.005. EXEMPTIONS.

  6. Tex. Natural Resources Code Sec. 134.006. WATER RIGHTS. This chapter does not affect the right of a person under other law to enforce or protect the person's interest in water resources affected by a surface coal mining operation.

  7. Tex. Natural Resources Code Sec. 134.007. CONFLICT OF INTEREST; OFFENSE.

  8. Tex. Natural Resources Code Sec. 134.008. APPLICABILITY TO GOVERNMENTAL UNITS. An agency, unit, or instrumentality of federal, state, or local government, including a publicly owned utility or publicly owned corporation of federal, state, or local government, that proposes to engage in surface coal mining operations that are subject to this chapter shall comply with this chapter.

  9. Tex. Natural Resources Code Sec. 134.011. GENERAL AUTHORITY OF COMMISSION. To accomplish the purposes of this chapter, the commission may:

  10. Tex. Natural Resources Code Sec. 134.012. JURISDICTION OF COMMISSION OVER SURFACE COAL, IRON ORE, AND IRON ORE GRAVEL MINING AND RECLAMATION OPERATIONS.

  11. Tex. Natural Resources Code Sec. 134.013. RULEMAKING AND PERMITTING.

  12. Tex. Natural Resources Code Sec. 134.014. COAL EXPLORATION OPERATIONS.

  13. Tex. Natural Resources Code Sec. 134.015. SURFACE EFFECTS OF UNDERGROUND MINING.

  14. Tex. Natural Resources Code Sec. 134.016. DEVELOPMENT OF PROCESS FOR DESIGNATING AREAS UNSUITABLE FOR SURFACE COAL MINING. The commission shall develop a process for designating areas unsuitable for surface coal mining. The process shall include:

  15. Tex. Natural Resources Code Sec. 134.017. PETITION FOR DESIGNATION.

  16. Tex. Natural Resources Code Sec. 134.018. HEARING ON DESIGNATION.

  17. Tex. Natural Resources Code Sec. 134.019. COMMISSION STATEMENT. Before designating a land area unsuitable for surface coal mining operations, the commission shall prepare a detailed statement on:

  18. Tex. Natural Resources Code Sec. 134.020. DESIGNATION OF AREA AS UNSUITABLE FOR SURFACE COAL MINING.

  19. Tex. Natural Resources Code Sec. 134.021. INTEGRATION WITH LAND USE PLANNING AND REGULATION PROCESSES. Determinations of the unsuitability of land for surface coal mining under Sections 134.016 through 134.020 shall be integrated as closely as possible with present and future land use planning and regulation processes at the federal, state, and local levels.

  20. Tex. Natural Resources Code Sec. 134.022. PROHIBITION ON SURFACE COAL MINING IN CERTAIN AREAS.

  21. Tex. Natural Resources Code Sec. 134.023. COOPERATIVE AGREEMENTS WITH FEDERAL GOVERNMENT. The commission may enter into cooperative agreements with the federal government under the federal Act.

  22. Tex. Natural Resources Code Sec. 134.024. EXPERIMENTAL PRACTICES.

  23. Tex. Natural Resources Code Sec. 134.025. CERTIFICATION OF BLASTERS. The commission shall adopt rules requiring the training, examination, and certification of persons engaging in or directly responsible for blasting or the use of explosives in surface coal mining operations.

  24. Tex. Natural Resources Code Sec. 134.026. MONITORING, REPORTING, AND INSPECTIONS.

  25. Tex. Natural Resources Code Sec. 134.027. MONITORING OF OPERATIONS THAT AFFECT AQUIFERS. For surface coal mining and reclamation operations that remove or disturb strata that serve as aquifers that significantly ensure the hydrologic balance of water use on or off the mining site, the commission shall specify:

  26. Tex. Natural Resources Code Sec. 134.028. INSPECTION PROCEDURE. Inspections by the commission shall:

  27. Tex. Natural Resources Code Sec. 134.029. PROCEDURE ON DETECTION OF VIOLATION. On detection of a violation of this chapter, an inspector, in writing, shall:

  28. Tex. Natural Resources Code Sec. 134.030. RULES REGARDING MONITORING, REPORTING, AND INSPECTIONS. The commission shall adopt rules for:

  29. Tex. Natural Resources Code Sec. 134.031. CONFIDENTIALITY.

  30. Tex. Natural Resources Code Sec. 134.032. DETERMINATION REGARDING PRIME FARMLAND. The commission may determine that land is not prime farmland because of its soil type or slope.

  31. Tex. Natural Resources Code Sec. 134.041. RECLAMATION PLAN. A reclamation plan submitted as part of a permit application shall include, in sufficient detail to demonstrate that reclamation required by this chapter can be accomplished, a statement that:

  32. Tex. Natural Resources Code Sec. 134.042. BLASTING PLAN. An applicant for a surface coal mining and reclamation permit shall submit to the commission as part of its application a blasting plan that outlines the procedures and standards by which the operator will comply with Section 134.092(a)(15).

  33. Tex. Natural Resources Code Sec. 134.051. PERMIT REQUIRED FOR OPERATION. A person may not conduct a surface coal mining operation in this state without first obtaining a permit for that operation from the commission under this chapter.

  34. Tex. Natural Resources Code Sec. 134.052. CONTENTS OF PERMIT APPLICATION.

  35. Tex. Natural Resources Code Sec. 134.053. LIABILITY INSURANCE POLICY.

  36. Tex. Natural Resources Code Sec. 134.054. APPLICATION FEES.

  37. Tex. Natural Resources Code Sec. 134.055. ANNUAL FEES.

  38. Tex. Natural Resources Code Sec. 134.056. SMALL MINE EXEMPTION. The commission shall designate a qualified public or private laboratory to prepare the determination of probable hydrologic consequences and statement of the results of test borings or core samplings required by Section 134.052 and shall pay the costs of preparing the determination and statement if:

  39. Tex. Natural Resources Code Sec. 134.057. PUBLIC INSPECTION OF APPLICATION.

  40. Tex. Natural Resources Code Sec. 134.058. NOTICE BY APPLICANT. At the time the applicant submits an application for a surface coal mining and reclamation permit or renewal of an existing permit, the applicant shall publish an advertisement in a newspaper of general circulation in the locality of the proposed surface coal mining operation at least once a week for four consecutive weeks that:

  41. Tex. Natural Resources Code Sec. 134.059. NOTIFICATION BY COMMISSION.

  42. Tex. Natural Resources Code Sec. 134.060. COMMENTS.

  43. Tex. Natural Resources Code Sec. 134.061. WRITTEN OBJECTIONS.

  44. Tex. Natural Resources Code Sec. 134.062. REQUEST FOR PUBLIC HEARING; NOTICE.

  45. Tex. Natural Resources Code Sec. 134.063. NOTICE OF APPROVAL OR DENIAL. The commission shall notify the applicant and any objector that the permit application has been approved or denied:

  46. Tex. Natural Resources Code Sec. 134.064. PROCEDURE. Chapter 2001, Government Code, applies to a permit application under this chapter. Notice of hearing and appeal is governed by that chapter, except as provided by Section 134.062.

  47. Tex. Natural Resources Code Sec. 134.065. PERMIT APPROVAL OR DENIAL.

  48. Tex. Natural Resources Code Sec. 134.066. WRITTEN FINDINGS REQUIRED.

  49. Tex. Natural Resources Code Sec. 134.067. DETERMINATION OF OWNERSHIP. If the ownership of the coal has been severed from the private surface estate by a conveyance that does not expressly grant the right to extract coal by surface mining methods, the surface-subsurface legal relationship shall be determined in accordance with state law.

  50. Tex. Natural Resources Code Sec. 134.068. SCHEDULE OF NOTICES OF VIOLATIONS.

  51. Tex. Natural Resources Code Sec. 134.069. EFFECT OF PAST OR PRESENT VIOLATION.

  52. Tex. Natural Resources Code Sec. 134.070. PERMIT FOR MINING ON PRIME FARMLAND.

  53. Tex. Natural Resources Code Sec. 134.071. TERM.

  54. Tex. Natural Resources Code Sec. 134.072. TERMINATION ON FAILURE TO BEGIN OPERATIONS.

  55. Tex. Natural Resources Code Sec. 134.073. SUCCESSOR IN INTEREST. A successor in interest to a permit holder may continue the surface coal mining and reclamation plan of the original permit holder until the successor's application is granted or denied if the successor:

  56. Tex. Natural Resources Code Sec. 134.074. RIGHT TO RENEWAL. A permit issued under this chapter carries with it the right of successive renewal on expiration for areas within the boundaries of the existing permit.

  57. Tex. Natural Resources Code Sec. 134.075. APPLICATION FOR AND ISSUANCE OF RENEWAL.

  58. Tex. Natural Resources Code Sec. 134.076. EXTENSION OF PERMIT AREA.

  59. Tex. Natural Resources Code Sec. 134.077. TERM OF RENEWAL PERMIT. A permit renewal is for a term not to exceed the term of the original permit established by this chapter.

  60. Tex. Natural Resources Code Sec. 134.078. TIME LIMIT FOR RENEWAL APPLICATION. Application for permit renewal must be made not later than the 120th day before the date the existing permit expires.

  61. Tex. Natural Resources Code Sec. 134.079. APPLICATION FOR PERMIT REVISION. During the term of a permit, the permit holder may submit to the commission an application for a permit revision, together with a revised reclamation plan.

  62. Tex. Natural Resources Code Sec. 134.080. APPROVAL OF PERMIT REVISION. The commission may not approve an application for a permit revision unless the commission finds that reclamation as required by this chapter can be accomplished under the revised reclamation plan.

  63. Tex. Natural Resources Code Sec. 134.081. GUIDELINES FOR REVISION.

  64. Tex. Natural Resources Code Sec. 134.082. COMMISSION REQUIREMENT OF PERMIT REVISION OR MODIFICATION.

  65. Tex. Natural Resources Code Sec. 134.083. TRANSFER OF PERMIT. A person may not transfer, assign, or sell the rights granted under a permit issued under this chapter without the written approval of the commission.

  66. Tex. Natural Resources Code Sec. 134.084. SUSPENSION OR RESCISSION OF IMPROVIDENTLY ISSUED PERMIT.

  67. Tex. Natural Resources Code Sec. 134.085. REVIEW PERIODS FOR NEW PERMITS, RENEWALS, AND REVISIONS.

  68. Tex. Natural Resources Code Sec. 134.091. OPERATIONS REQUIRED TO MEET PERFORMANCE STANDARDS. A permit issued under this chapter to conduct surface coal mining operations shall require that the operations meet the applicable performance standards of this chapter.

  69. Tex. Natural Resources Code Sec. 134.092. PERFORMANCE STANDARDS.

  70. Tex. Natural Resources Code Sec. 134.093. BACKFILLING, GRADING, AND COMPACTING: INSUFFICIENT OVERBURDEN.

  71. Tex. Natural Resources Code Sec. 134.094. BACKFILLING, GRADING, AND COMPACTING: SUFFICIENT OVERBURDEN.

  72. Tex. Natural Resources Code Sec. 134.095. MAINTENANCE OF TOPSOIL OR OTHER STRATA.

  73. Tex. Natural Resources Code Sec. 134.096. SPECIFICATIONS FOR SOIL REMOVAL, STORAGE, REPLACEMENT, AND RECONSTRUCTION. For prime farmland to be mined and reclaimed, the applicable specifications for soil removal, storage, replacement, and reconstruction are those established by the secretary of agriculture.

  74. Tex. Natural Resources Code Sec. 134.097. REMOVAL, STORAGE, AND REPLACEMENT OF SOIL AND OVERBURDEN WITHOUT REGARD TO SOIL HORIZONS.

  75. Tex. Natural Resources Code Sec. 134.098. PROHIBITION ON AUGERING. The commission may prohibit augering if necessary to:

  76. Tex. Natural Resources Code Sec. 134.099. CERTIFICATION OF SILTATION STRUCTURE. The performance standards shall require that a siltation structure constructed under Section 134.092(a)(10)(B) be certified by a qualified registered engineer to be constructed as designed and as approved in the reclamation plan.

  77. Tex. Natural Resources Code Sec. 134.100. PROXIMITY OF MINE TO UNDERGROUND MINES: EXCEPTION. Notwithstanding Section 134.092(a)(12), the commission shall permit an operator to mine near or through an abandoned underground mine or closer to an active underground mine than allowed by that section if:

  78. Tex. Natural Resources Code Sec. 134.101. RULES REGARDING USE OF EXPLOSIVES. The commission rules described by Section 134.092(a)(15) shall require that:

  79. Tex. Natural Resources Code Sec. 134.102. VARIANCE TO PERMIT UNDERGROUND MINING OPERATIONS BEFORE RECLAMATION.

  80. Tex. Natural Resources Code Sec. 134.103. USE OF INTRODUCED SPECIES FOR REVEGETATION. Notwithstanding Section 134.092(a)(19), introduced species may be used in the revegetation process where necessary to achieve the approved postmining land use plan.

  81. Tex. Natural Resources Code Sec. 134.104. RESPONSIBILITY FOR REVEGETATION: AREA OF LOW PRECIPITATION. Notwithstanding Section 134.092(a)(20), in areas or regions of the state where the annual average precipitation is 26 inches or less, an operator's assumption of responsibility and liability extends for:

  82. Tex. Natural Resources Code Sec. 134.105. RESPONSIBILITY FOR REVEGETATION: LONG-TERM INTENSIVE AGRICULTURAL POSTMINING USE.

  83. Tex. Natural Resources Code Sec. 134.106. SPOIL DISPOSAL.

  84. Tex. Natural Resources Code Sec. 134.107. PERMIT WITHOUT REGARD TO REQUIREMENT TO RESTORE TO APPROXIMATE ORIGINAL CONTOUR.

  85. Tex. Natural Resources Code Sec. 134.108. STEEP SLOPE SURFACE COAL MINING.

  86. Tex. Natural Resources Code Sec. 134.109. VARIANCE FROM REQUIREMENT TO RESTORE CONTOUR.

  87. Tex. Natural Resources Code Sec. 134.110. WATER SUPPLY REPLACEMENT. The operator of a surface coal mining operation shall replace the water supply of an owner of an interest in real property who obtains all or part of the owner's supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source if the supply has been affected by contamination, diminution, or interruption proximately resulting from the surface coal mining operation.

  88. Tex. Natural Resources Code Sec. 134.121. PERFORMANCE BOND REQUIREMENT.

  89. Tex. Natural Resources Code Sec. 134.122. AMOUNT OF BOND.

  90. Tex. Natural Resources Code Sec. 134.123. BOND WITHOUT SURETY. The commission may accept the bond of an applicant without separate surety if the applicant demonstrates to the satisfaction of the commission the existence of a suitable and continuous operation sufficient for authorization to self-insure or bond the amount.

  91. Tex. Natural Resources Code Sec. 134.124. ALTERNATIVE TO BONDING PROGRAM. Instead of establishing a bonding program under this subchapter, the commission may approve an alternative system that will achieve the purposes of the bonding program under this subchapter.

  92. Tex. Natural Resources Code Sec. 134.125. EXTENT OF LIABILITY UNDER BOND. Liability under the bond shall be for the duration of the surface coal mining and reclamation operation and of the applicant's responsibility for revegetation.

  93. Tex. Natural Resources Code Sec. 134.126. SECURITY FOR BOND.

  94. Tex. Natural Resources Code Sec. 134.127. ADJUSTMENT OF AMOUNT OF BOND OR DEPOSIT. The commission periodically shall adjust the amount of the bond or deposit required and the terms of each acceptance of the applicant's bond to reflect changes in:

  95. Tex. Natural Resources Code Sec. 134.128. APPLICATION FOR RELEASE OF BOND OR DEPOSIT. The permit holder may file a request with the commission for the release of all or part of a performance bond or deposit.

  96. Tex. Natural Resources Code Sec. 134.129. NOTICE.

  97. Tex. Natural Resources Code Sec. 134.130. INSPECTION AND EVALUATION.

  98. Tex. Natural Resources Code Sec. 134.131. RELEASE OF BOND OR DEPOSIT.

  99. Tex. Natural Resources Code Sec. 134.132. NOTICE TO PERMIT HOLDER OF DECISION TO APPROVE OR DISAPPROVE RELEASE.

  100. Tex. Natural Resources Code Sec. 134.133. NOTICE TO COUNTY JUDGE. Not later than the 31st day before the date of release of all or part of a bond, the commission, by certified mail, shall notify the county judge of any county in which the surface coal mining operation is located that an application for the release has been filed with the commission.

  101. Tex. Natural Resources Code Sec. 134.134. OBJECTIONS TO RELEASE.

  102. Tex. Natural Resources Code Sec. 134.141. FUND PARTICIPATION.

  103. Tex. Natural Resources Code Sec. 134.142. ELIGIBILITY OF LAND AND WATER. Land and water are eligible for reclamation or abatement expenditures under this subchapter if the land and water are eligible for reclamation or abatement expenditures under the federal Act.

  104. Tex. Natural Resources Code Sec. 134.143. RIGHT OF ENTRY. The commission is entitled to enter any property to conduct studies or exploratory work to determine:

  105. Tex. Natural Resources Code Sec. 134.144. RECLAMATION BY COMMISSION.

  106. Tex. Natural Resources Code Sec. 134.145. ACQUISITION. This state may acquire by purchase, donation, or condemnation land that is adversely affected by past coal mining practices if:

  107. Tex. Natural Resources Code Sec. 134.146. TITLE. Title to land acquired under Section 134.145 shall be in the name of this state.

  108. Tex. Natural Resources Code Sec. 134.147. COST OF LAND. The price paid for land acquired under Section 134.145 shall reflect the market value of the land as adversely affected by past coal mining practices.

  109. Tex. Natural Resources Code Sec. 134.148. SALE OF ACQUIRED LAND.

  110. Tex. Natural Resources Code Sec. 134.149. HEARING ON SALE.

  111. Tex. Natural Resources Code Sec. 134.150. LIEN.

  112. Tex. Natural Resources Code Sec. 134.151. HEARING ON LIEN. Not later than the 60th day after the date the lien is filed, an affected landowner may petition the commission for a hearing on the amount of the lien. The hearing and any appeal shall be conducted under Chapter 2001, Government Code.

  113. Tex. Natural Resources Code Sec. 134.152. EMERGENCY POWERS.

  114. Tex. Natural Resources Code Sec. 134.161. CONDITION, PRACTICE, OR VIOLATION CREATING IMMINENT DANGER OR CAUSING IMMINENT HARM.

  115. Tex. Natural Resources Code Sec. 134.162. VIOLATION NOT CREATING IMMINENT DANGER OR CAUSING IMMINENT HARM.

  116. Tex. Natural Resources Code Sec. 134.163. TERM OF CESSATION ORDER. Except as provided by Section 134.167, a cessation order under Section 134.161 or 134.162 remains in effect until the commission:

  117. Tex. Natural Resources Code Sec. 134.164. CONTINUOUS VIOLATION.

  118. Tex. Natural Resources Code Sec. 134.165. FORM OF NOTICE OR ORDER.

  119. Tex. Natural Resources Code Sec. 134.166. MODIFICATION, VACATION, OR TERMINATION OF NOTICE OF ORDER. The commission or its authorized representative may modify, vacate, or terminate a notice or order issued under Section 134.161, 134.162, or 134.164.

  120. Tex. Natural Resources Code Sec. 134.167. EXPIRATION OF NOTICE OR ORDER. If a notice or order issued under Section 134.161, 134.162, or 134.164 requires the operator to stop mining, the notice or order expires not later than the 30th day after the date of actual notice to the operator unless a public hearing is held at or reasonably near the site so that the site can be viewed during the hearing.

  121. Tex. Natural Resources Code Sec. 134.168. APPLICATION FOR COMMISSION REVIEW OF NOTICE OR ORDER.

  122. Tex. Natural Resources Code Sec. 134.169. INVESTIGATION AND HEARING ON APPLICATION FOR REVIEW.

  123. Tex. Natural Resources Code Sec. 134.170. COMMISSION FINDINGS AND DECISION.

  124. Tex. Natural Resources Code Sec. 134.171. REQUEST FOR TEMPORARY RELIEF.

  125. Tex. Natural Resources Code Sec. 134.172. ASSESSMENT OF COSTS INCURRED IN ADMINISTRATIVE PROCEEDING OR JUDICIAL REVIEW.

  126. Tex. Natural Resources Code Sec. 134.173. CIVIL ACTION.

  127. Tex. Natural Resources Code Sec. 134.174. ADMINISTRATIVE PENALTY FOR VIOLATION OF PERMIT CONDITION OF THIS CHAPTER.

  128. Tex. Natural Resources Code Sec. 134.175. PENALTY ASSESSMENT PROCEDURE.

  129. Tex. Natural Resources Code Sec. 134.176. PAYMENT OF PENALTY; REFUND.

  130. Tex. Natural Resources Code Sec. 134.177. ADMINISTRATIVE PENALTY FOR FAILING TO CORRECT VIOLATION FOR WHICH CITATION HAS BEEN ISSUED.

  131. Tex. Natural Resources Code Sec. 134.178. RECOVERY OF ADMINISTRATIVE PENALTY. The attorney general at the request of the commission may bring a civil action to recover an administrative penalty owed under this chapter.

  132. Tex. Natural Resources Code Sec. 134.179. CRIMINAL PENALTY FOR WILFUL AND KNOWING VIOLATION.

  133. Tex. Natural Resources Code Sec. 134.180. CRIMINAL PENALTY FOR FALSE STATEMENT, REPRESENTATION, OR CERTIFICATION.

  134. Tex. Natural Resources Code Sec. 134.181. PENALTY FOR DIRECTOR, OFFICER, OR AGENT OF CORPORATION.

  135. Tex. Natural Resources Code Sec. 134.182. CITIZEN SUIT.

  136. Tex. Natural Resources Code Sec. 134.183. NOTICE TO COMMISSION BEFORE BRINGING SUIT; SUIT BY STATE.

  137. Tex. Natural Resources Code Sec. 134.184. VENUE. A person may bring an action under Section 134.182 only in the judicial district in which the surface coal mining operation complained of is located.

  138. Tex. Natural Resources Code Sec. 134.185. INTERVENTION BY COMMISSION. The commission may intervene as a matter of right in an action brought under Section 134.182.

  139. Tex. Natural Resources Code Sec. 134.186. COSTS OF SUIT; FILING OF BOND.

  140. Tex. Natural Resources Code Sec. 134.187. RIGHTS UNDER OTHER LAW. Sections 134.182 through 134.186 do not restrict any right a person or class of persons may have under a statute or common law to seek enforcement of this chapter and rules adopted under this chapter or to seek other relief, including relief against the commission.

  141. Tex. Natural Resources Code Sec. 134.188. DEFENSE. It is a defense to a civil or criminal penalty under this chapter that a person allegedly conducting an iron ore or iron ore gravel mining and reclamation operation in violation of this chapter has a written general warranty of ownership of land, separate from any lease, from the person authorizing the operation.

Chapter 141

  1. Tex. Natural Resources Code Sec. 141.001. SHORT TITLE. This chapter may be cited as the Geothermal Resources Act of 1975.

  2. Tex. Natural Resources Code Sec. 141.002. DECLARATION OF POLICY. It is declared to be the policy of the State of Texas that:

  3. Tex. Natural Resources Code Sec. 141.003. DEFINITIONS. In this chapter:

  4. Tex. Natural Resources Code Sec. 141.004. OWNERSHIP OF GEOTHERMAL ENERGY AND ASSOCIATED RESOURCES.

  5. Tex. Natural Resources Code Sec. 141.011. GENERAL DUTY OF THE RAILROAD COMMISSION. Except for duties and responsibilities given to other agencies and officials under this chapter, the commission shall regulate the exploration, development, and production of geothermal energy and associated resources on public and private land for the purpose of conservation and the protection of correlative rights.

  6. Tex. Natural Resources Code Sec. 141.012. RULES.

  7. Tex. Natural Resources Code Sec. 141.013. ADMINISTRATIVE PENALTY.

  8. Tex. Natural Resources Code Sec. 141.014. PENALTY ASSESSMENT PROCEDURE.

  9. Tex. Natural Resources Code Sec. 141.015. PAYMENT OF PENALTY; REFUND.

  10. Tex. Natural Resources Code Sec. 141.016. RECOVERY OF PENALTY. Civil penalties owed under Sections 141.013-141.015 of this code may be recovered in a civil action brought by the attorney general at the request of the commission.

  11. Tex. Natural Resources Code Sec. 141.018. ACCESS TO PROPERTY. Members and employees of the commission, on proper identification, may enter public or private property to inspect and investigate conditions relating to the exploration, development, and production of geothermal energy, to monitor compliance with a rule, permit, or other order of the commission, or to examine and copy, during reasonable working hours, those records or memoranda of the business being investigated. Members or employees acting under the authority of this section who enter an establishment on public or private property shall observe the establishment's safety, internal security, and fire protection rules.

  12. Tex. Natural Resources Code Sec. 141.071. GENERAL AUTHORITY OF COMMISSIONER. To facilitate and encourage the rapid and orderly development of geothermal energy and associated resources, the commissioner may:

  13. Tex. Natural Resources Code Sec. 141.072. DEPOSIT OF FEES. The fees collected from issuance of the permits shall be deposited in General Land Office Fund 80 and used as the legislature may direct.

  14. Tex. Natural Resources Code Sec. 141.073. LEASE OF PERMANENT SCHOOL FUND LAND.

  15. Tex. Natural Resources Code Sec. 141.074. FURNISHING LISTS OF LAND TO OTHER AGENCIES. Before advertising land for lease, the commissioner shall furnish a list of the tracts considered by the board for lease to the Texas Commission on Environmental Quality, the commission, and any other state or federal agency that might have information that would be beneficial to the board in its determination of terms and conditions of the proposed lease.

  16. Tex. Natural Resources Code Sec. 141.075. NOTICE OF SALE. Land offered for lease to the public by the board shall be advertised in four daily newspapers in the state that have general circulation at least 30 days in advance of the sale date. The notice shall be published in three issues of each newspaper.

  17. Tex. Natural Resources Code Sec. 141.076. BIDS.

  18. Tex. Natural Resources Code Sec. 141.077. LEASES AND PERMITS FOR GOVERNMENTAL AGENCIES.

  19. Tex. Natural Resources Code Sec. 141.078. UNIT AGREEMENTS.

  20. Tex. Natural Resources Code Sec. 141.079. REPORT TO LEGISLATURE. Not later than January 1 of each odd-numbered year, the commissioner shall report to the legislature on the status of the exploration, development, and production of geothermal energy and associated resources under the land governed by this subchapter.

  21. Tex. Natural Resources Code Sec. 141.101. GENERAL ENFORCEMENT AUTHORITY.

  22. Tex. Natural Resources Code Sec. 141.102. CRIMINAL PENALTY.

Chapter 142

  1. Tex. Natural Resources Code Sec. 142.001. RATIFICATION. The compact set out in Section 142.005 of this code is ratified by this state.

  2. Tex. Natural Resources Code Sec. 142.002. APPOINTMENT OF COMMISSIONERS. When the compact takes effect as provided in Article I, the governor, the lieutenant governor, and the speaker of the house of representatives shall each appoint a commissioner.

  3. Tex. Natural Resources Code Sec. 142.003. TERMS AND OATH OF COMMISSIONERS.

  4. Tex. Natural Resources Code Sec. 142.004. COMPENSATION. Each commissioner is entitled to compensation and reimbursement for expenses as provided by legislative appropriation.

  5. Article I. The states of Arkansas, Louisiana, New Mexico, Oklahoma, and Texas are eligible to ratify this compact. When three of those states have ratified it, the compact takes effect as to those three states. It takes effect as to others of them when they ratify it.

  6. Article II. (a) The purposes of this compact are to:

  7. Article III. (a) This compact applies within each party state to individuals, associations, corporations, and governmental and private entities claiming any right to the use of the natural energy or water resources in a party state, except as otherwise provided in this compact.

  8. Article IV. (a) An administrative agency known as the Interstate Natural Energy and Water Resources Commission is created. Each party state shall appoint, in accordance with its laws, three members of the commission. Members of the commission are known as commissioners.

  9. Article IX. This compact does not seek to affect political balance within the federal system and shall not be construed as requiring the consent of congress under Article I, Section 10, United States Constitution.

  10. Article V. (a) Nothing in this compact shall be construed as:

  11. Article VI. The commission shall submit to the governor and legislature of each party state a budget of its estimated expenditures for a period of time as is appropriate, based on the laws of that state. Each budget of estimated expenditures shall contain specific recommendations as to the apportionment of costs among the party states.

  12. Article VII. Any party state may, by legislative act and one year's notice, withdraw from this compact.

  13. Article VIII. The provisions of this compact are severable. If any provision or application of it is held invalid, that does not affect the validity of any other provision or application. The provisions of this compact shall be construed liberally to accomplish its purposes.

  14. Tex. Natural Resources Code Sec. 142.005. TEXT OF COMPACT. The compact reads as follows:

Chapter 151

  1. Tex. Natural Resources Code Sec. 151.001. REQUIRED BILL OF SALE. Before purchasing or accepting delivery of any trees, timber, logs, pulpwood, or in-woods chips, a seller shall provide and a purchaser shall require a bill of sale for the trees, timber, logs, pulpwood, or in-woods chips executed by the seller. The bill of sale may be a part of, a compilation of information taken from, or an addendum to, by way of example, a timber deed, scale ticket, weight ticket, cutting contract, harvest agreement, wood purchase agreement, or other records of the sale and purchase made at the time if all the information required by Section 151.002 is included.

  2. Tex. Natural Resources Code Sec. 151.002. INFORMATION IN BILL OF SALE.

  3. Tex. Natural Resources Code Sec. 151.003. RETENTION OF BILL OF SALE. A person that purchases trees, timber, logs, pulpwood, or in-woods chips shall retain the bill of sale for not less than five years following the later of the date of execution of the bill of sale or the expiration date referenced in the bill of sale.

  4. Tex. Natural Resources Code Sec. 151.0035. DOCUMENTATION OF DELIVERY REQUIRED FOR CERTAIN PURCHASES.

  5. Tex. Natural Resources Code Sec. 151.004. NOTICE CONCERNING SALE OR PURCHASE OF TREES OR TIMBER. At each designated point of delivery for trees, timber, logs, pulpwood, or in-woods chips, a wood yard, transfer yard, mill site, or storage yard shall post the following written notice in lettering not less than one inch:

  6. Tex. Natural Resources Code Sec. 151.005. PENALTY.

  7. Tex. Natural Resources Code Sec. 151.006. APPLICABILITY. This subchapter does not apply to the sale of:

  8. Tex. Natural Resources Code Sec. 151.007. PENALTIES CUMULATIVE. A penalty provided by this subchapter is in addition to a penalty provided under other law.

  9. Tex. Natural Resources Code Sec. 151.008. CIVIL LIABILITY. Nothing in this subchapter shall be construed to affect the liability under any other statute or under common law, provided that failure to comply with the provisions of this subchapter shall not, by itself, create civil liability.

  10. Tex. Natural Resources Code Sec. 151.051. DAMAGES FOR UNAUTHORIZED HARVESTING.

  11. Tex. Natural Resources Code Sec. 151.052. CRIMINAL OFFENSE.

  12. Tex. Natural Resources Code Sec. 151.101. DEFINITION. In this subchapter, "timber purchaser" means a person who purchases standing timber for harvest.

  13. Tex. Natural Resources Code Sec. 151.102. MONEY COLLECTED FOR TIMBER AS TRUST MONEY. Money a timber purchaser collects for harvested timber is trust money.

  14. Tex. Natural Resources Code Sec. 151.103. TIMBER PURCHASER AS TRUSTEE. A timber purchaser and each officer, director, partner, or agent of a timber purchaser are trustees of trust money.

  15. Tex. Natural Resources Code Sec. 151.104. BENEFICIARY OF TRUST. Each seller of standing timber is a beneficiary of trust money to the extent of the beneficiary's share of the purchase price for the timber.

  16. Tex. Natural Resources Code Sec. 151.105. OFFENSE.

  17. Tex. Natural Resources Code Sec. 151.106. DEFENSES TO PROSECUTION. It is an affirmative defense to prosecution under this section that:

  18. Tex. Natural Resources Code Sec. 151.107. ELECTION OF OFFENSES. If conduct constituting an offense under Section 151.105 is an offense under another law of this state, the state may elect the offense for which it prosecutes the trustee.

Chapter 152

  1. Tex. Natural Resources Code Sec. 152.001. POLICY. It is the public policy of the State of Texas to mitigate and control pests threatening forest land in this state in order to protect associated ecological resources, enhance the health and maintenance of forests, promote stability of forest-using industries, ensure public safety, and conserve the ecosystem values of the forest.

  2. Tex. Natural Resources Code Sec. 152.002. PUBLIC NUISANCE. Forest pests are declared to be a public nuisance.

  3. Tex. Natural Resources Code Sec. 152.003. DEFINITIONS. In this chapter:

  4. Tex. Natural Resources Code Sec. 152.011. IN GENERAL. The Texas Forest Service shall administer the provisions of this chapter and make all relevant determinations.

  5. Tex. Natural Resources Code Sec. 152.012. SURVEYS AND INVESTIGATIONS.

  6. Tex. Natural Resources Code Sec. 152.013. DETERMINATION OF AREA CONTROL MEASURES. If the service finds an infestation existent or threatened in the state, it shall determine:

  7. Tex. Natural Resources Code Sec. 152.014. NOTICE OF FINDING OF INFESTATION. After determining that an infestation exists, the service shall give notice of the fact by:

  8. Tex. Natural Resources Code Sec. 152.015. HEARING. At the hearing, the agent of the service who presides shall:

  9. Tex. Natural Resources Code Sec. 152.016. PROCEDURES FOR CONTROL. As soon as practicable after the hearing, the service shall promulgate procedures to be followed for the control of the infestation and shall publish a copy in a newspaper circulated in the affected area in the same manner as publication of preliminary notice.

  10. Tex. Natural Resources Code Sec. 152.017. SPECIFIC CONTROL MEASURES. If the provisions of Sections 152.013 through 152.016 of this code have not been applied and control measures are needed to check the spread of the forest pests on forest land owned or controlled by any person, written notice, signed by a duly authorized representative of the service whose mailing address is shown on the notice, shall be given to the person owning or controlling the forest land.

  11. Tex. Natural Resources Code Sec. 152.018. NOTICE TO SPECIFIC LANDOWNER.

  12. Tex. Natural Resources Code Sec. 152.019. NOTICE TO FOREST OWNER. If the landowner has notified the service of a forest owner under Section 152.064, the service shall furnish the same information to the forest owner that it is required by this chapter to give to the landowner.

  13. Tex. Natural Resources Code Sec. 152.020. SUPERVISION.

  14. Tex. Natural Resources Code Sec. 152.021. CONTROL MEASURES APPLIED BY SERVICE. If the landowner or another person fails to apply the pest control measures prescribed by the service not later than the 10th day after the date notice is given under Section 152.014 or 152.018, the service may contact the landowner to offer further assistance or may enter the land and have the forest pests controlled.

  15. Tex. Natural Resources Code Sec. 152.022. EXPENSE OF CONTROL MEASURES TAKEN BY SERVICE.

  16. Tex. Natural Resources Code Sec. 152.023. CLAIM AGAINST LANDOWNER. The amount charged for control measures taken by the service constitutes a legal claim against the landowner, but does not constitute a lien on any land owned by the landowner.

  17. Tex. Natural Resources Code Sec. 152.024. SUIT. The attorney general may bring suit on behalf of the service in the county in which the infestation occurred to recover the claim against the landowner, together with all costs incurred in the suit.

  18. Tex. Natural Resources Code Sec. 152.025. LANDOWNER REIMBURSEMENT.

  19. Tex. Natural Resources Code Sec. 152.026. COOPERATIVE AGREEMENTS. The service may enter into cooperative agreements with private landowners or forest owners, the federal government, or other public or private agencies to accomplish the control of forest pests.

  20. Tex. Natural Resources Code Sec. 152.061. GENERAL DUTY OF LANDOWNER. Each owner of forest land shall control the forest pests on land owned by the person or under the person's direction as provided in this chapter.

  21. Tex. Natural Resources Code Sec. 152.062. DUTY TO APPLY CONTROL MEASURES. Not later than the 10th day after the date notice is given under Section 152.014 or 152.018, each affected landowner shall commence diligently to take measures to control the infestation as prescribed and continue this activity with all practical expedition and efficiency under the direction of the service.

  22. Tex. Natural Resources Code Sec. 152.063. REPORTS AND CONSULTATION WITH SERVICE.

  23. Tex. Natural Resources Code Sec. 152.064. NOTIFYING SERVICE OF FOREST OWNER. If all or part of the standing trees are owned by someone other than the landowner, either by a present right or by a future right under the terms of a valid existing contract, the landowner shall notify the service of that fact and furnish the name and address of each forest owner not later than the 10th day after the date the landowner receives notice from the service under Section 152.014 or 152.018.

  24. Tex. Natural Resources Code Sec. 152.101. JUDICIAL REVIEW OF SERVICE NOTICE. A landowner or person having control of forest land who is aggrieved by the notice given by the service is entitled to seek relief but only if the proceedings to obtain the relief are initiated within 10 days from the time notice is given, exclusive of the date the notice is given.

  25. Tex. Natural Resources Code Sec. 152.102. VENUE. The proceeding to obtain relief shall be in the district court of the county in which the land is located.

  26. Tex. Natural Resources Code Sec. 152.103. CONTROL MEASURES PENDING LITIGATION. The service shall not proceed with any control measures while the litigation is pending unless permission to do so is given by the court on a showing of probable harm due to a delay in using the control measures.

  27. Tex. Natural Resources Code Sec. 152.105. INJUNCTIVE RELIEF FOR LANDOWNER. If the final judgment in an action seeking relief from a notice is in favor of the landowner, the landowner may be entitled to injunctive relief against the use of any control measures on the landowner's forest land by the service until a time determined by the court.

  28. Tex. Natural Resources Code Sec. 152.106. NOTICE FINAL. If the final judgment is against the landowner, or if the landowner fails to seek relief in the district court of the county in which the land is located, the notice from the service is final, and the service shall summarily take the measures necessary to control the infestation.

Chapter 153

  1. Tex. Natural Resources Code Sec. 153.001. DEFINITIONS. In this chapter:

  2. Tex. Natural Resources Code Sec. 153.002. LANDOWNER'S RIGHT TO CONDUCT BURNS NOT LIMITED. This chapter does not limit a landowner's right to conduct burns on the landowner's property.

  3. Tex. Natural Resources Code Sec. 153.003. LIABILITY. This chapter does not modify a landowner's liability for property damage, personal injury, or death resulting from a burn that is not conducted as provided by this chapter.

  4. Tex. Natural Resources Code Sec. 153.004. PRESCRIBED BURNING IN STATE OF EMERGENCY OR DISASTER. A certified and insured prescribed burn manager may conduct a burn in a county in which a state of emergency or state of disaster has been declared by the governor or the president of the United States, unless the declaration expressly prohibits all outdoor burning.

  5. Tex. Natural Resources Code Sec. 153.041. ESTABLISHMENT.

  6. Tex. Natural Resources Code Sec. 153.042. INFORMATION RELATING TO STANDARDS OF CONDUCT. The presiding officer of the board or the presiding officer's designee shall provide to members of the board, as often as necessary, information regarding their qualification for office under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers.

  7. Tex. Natural Resources Code Sec. 153.043. MEMBER TRAINING.

  8. Tex. Natural Resources Code Sec. 153.044. SUNSET PROVISION. The Prescribed Burning Board is subject to Chapter 325, Government Code (Texas Sunset Act). The board shall be reviewed during the period in which the Department of Agriculture is reviewed.

  9. Tex. Natural Resources Code Sec. 153.045. ADVISORY BOARD.

  10. Tex. Natural Resources Code Sec. 153.046. DUTIES. The board by rule shall establish:

  11. Tex. Natural Resources Code Sec. 153.047. PRESCRIBED BURNING STANDARDS. Minimum standards established by the board for prescribed burning must:

  12. Tex. Natural Resources Code Sec. 153.048. CERTIFIED AND INSURED PRESCRIBED BURN MANAGERS.

  13. Tex. Natural Resources Code Sec. 153.049. CRIMINAL HISTORY EVALUATION. The board shall perform the duties of a licensing authority under Chapter 53, Occupations Code, for each certification issued by the board under this chapter or other law, including issuing guidelines under Section 53.025, Occupations Code.

  14. Tex. Natural Resources Code Sec. 153.081. LIMITATION OF OWNER LIABILITY.

  15. Tex. Natural Resources Code Sec. 153.082. INSURANCE. The limitation on liability under Section 153.081 does not apply to an owner, lessee, or occupant of agricultural or conservation land unless:

  16. Tex. Natural Resources Code Sec. 153.083. LIABILITY REGARDING CERTAIN PRESCRIBED BURNS.

  17. Tex. Natural Resources Code Sec. 153.084. LIMITATION OF BURN BOSS LIABILITY.

  18. Tex. Natural Resources Code Sec. 153.101. COMPLAINTS. The department shall receive and process complaints concerning certified and insured prescribed burn managers in the manner described by Sections 12.026 and 12.02601, Agriculture Code, and rules adopted under those sections.

  19. Tex. Natural Resources Code Sec. 153.102. DISCIPLINARY ACTION; SCHEDULE OF SANCTIONS.

  20. Tex. Natural Resources Code Sec. 153.1025. CERTAIN DISCIPLINARY ACTION PROHIBITED. Notwithstanding Section 153.102 or any other law, the department or another state agency may not take disciplinary action against a certified and insured prescribed burn manager in relation to a prescribed burn conducted in accordance with this chapter on the basis that the burn resulted in emissions or is a nuisance.

  21. Tex. Natural Resources Code Sec. 153.103. INJUNCTION.

  22. Tex. Natural Resources Code Sec. 153.104. EMERGENCY SUSPENSION.

Chapter 161

  1. Tex. Natural Resources Code Sec. 161.001. DEFINITIONS.

  2. Tex. Natural Resources Code Sec. 161.011. VETERANS LAND BOARD DESIGNATED. The Veterans Land Board is a state agency designated to perform the governmental functions authorized in Article III, Section 49-b of the Texas Constitution.

  3. Tex. Natural Resources Code Sec. 161.0111. SUNSET PROVISION. The Veterans' Land Board is subject to review under Chapter 325, Government Code (Texas Sunset Act), but is not abolished under that chapter. The board shall be reviewed during the period in which state agencies abolished in 2031 are reviewed and every 12th year after that.

  4. Tex. Natural Resources Code Sec. 161.013. EXECUTIVE SECRETARY AND ASSISTANT EXECUTIVE SECRETARY.

  5. Tex. Natural Resources Code Sec. 161.014. EMPLOYEES.

  6. Tex. Natural Resources Code Sec. 161.0141. SEPARATION OF RESPONSIBILITIES. The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive secretary, assistant executive secretary, and staff of the board.

  7. Tex. Natural Resources Code Sec. 161.015. COMPENSATION AND DUTIES OF EMPLOYEES. The employees of the board shall be paid their compensation and shall perform their duties with the same rules and requirements of the general law governing other state employees in those respects.

  8. Tex. Natural Resources Code Sec. 161.016. FISCAL AGENT.

  9. Tex. Natural Resources Code Sec. 161.017. MEETINGS OF BOARD.

  10. Tex. Natural Resources Code Sec. 161.018. MINUTES OF BOARD. Minutes of each meeting of the board shall be kept, and only those matters that actually transpire at the meeting shall be entered in the minutes.

  11. Tex. Natural Resources Code Sec. 161.019. DEPOSITORY FOR PAPERS, RECORDS, AND ARCHIVES. Papers, records, and archives of the board shall be deposited and kept in the land office.

  12. Tex. Natural Resources Code Sec. 161.020. PURCHASE OF SUPPLIES. The board may purchase at state expense through the comptroller supplies, including stationery, stamps, printing, record books, and other things that may be needed to carry on the board's functions as a state agency in performing the duties imposed by this chapter.

  13. Tex. Natural Resources Code Sec. 161.021. SEAL. The board shall procure and adopt a seal bearing the words "Veterans Land Board" encircled by the oak and olive branches common to other official seals.

  14. Tex. Natural Resources Code Sec. 161.022. CHAPTER APPLICATION TO SUCCESSOR BOARDS. The provisions of this chapter shall apply to any successor of the board.

  15. Tex. Natural Resources Code Sec. 161.023. TRAINING.

  16. Tex. Natural Resources Code Sec. 161.024. CONFLICTS OF INTEREST.

  17. Tex. Natural Resources Code Sec. 161.025. EQUAL PROTECTION FOR BOARD MEMBERS. Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.

  18. Tex. Natural Resources Code Sec. 161.026. REMOVAL OF BOARD MEMBER.

  19. Tex. Natural Resources Code Sec. 161.028. CAREER LADDER.

  20. Tex. Natural Resources Code Sec. 161.029. PERFORMANCE EVALUATIONS.

  21. Tex. Natural Resources Code Sec. 161.030. AUDIT. The financial transactions of the board are subject to audit by the state auditor in accordance with Chapter 321, Government Code.

  22. Tex. Natural Resources Code Sec. 161.0301. INTERNAL AUDITOR. An internal auditor who performs an audit function for the board shall:

  23. Tex. Natural Resources Code Sec. 161.031. EQUAL EMPLOYMENT OPPORTUNITY.

  24. Tex. Natural Resources Code Sec. 161.032. STANDARDS OF CONDUCT.

  25. Tex. Natural Resources Code Sec. 161.033. PUBLIC DEBATE BEFORE BOARD. The board shall develop and implement policies that will provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.

  26. Tex. Natural Resources Code Sec. 161.034. COMPLAINTS.

  27. Tex. Natural Resources Code Sec. 161.035. USE OF TECHNOLOGY. The board shall implement a policy requiring the board to use appropriate technological solutions to improve the board's ability to perform its functions. The policy must ensure that the public is able to interact with the board on the Internet.

  28. Tex. Natural Resources Code Sec. 161.036. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION.

  29. Tex. Natural Resources Code Sec. 161.061. GENERAL DUTIES OF BOARD. The board shall:

  30. Tex. Natural Resources Code Sec. 161.062. GENERAL DUTIES OF COMMISSIONER. The commissioner is the chairman of the board and administrator of the program as provided in Article III, Section 49-b of the Texas Constitution, and shall perform the duties and functions of the board prescribed by law except for those duties and functions provided in Section 161.061 of this code, which shall be performed by the board.

  31. Tex. Natural Resources Code Sec. 161.063. RULES.

  32. Tex. Natural Resources Code Sec. 161.064. BOARD AUTHORITY TO MAKE INVESTIGATIONS. The board may make any investigation it considers necessary relating to transactions involving land purchases or sales under this chapter.

  33. Tex. Natural Resources Code Sec. 161.065. OATHS; BOOKS, RECORDS, AND DOCUMENTS.

  34. Tex. Natural Resources Code Sec. 161.066. SUBPOENA DUCES TECUM. The board may issue a subpoena duces tecum to require a person to produce books, records, or any other documents for the board's examination.

  35. Tex. Natural Resources Code Sec. 161.067. FORFEITURE OF CHARTER AND RIGHTS.

  36. Tex. Natural Resources Code Sec. 161.068. FORM OF INSTRUMENTS. The board may prescribe the form and contents of notices, bids, applications, awards, contracts, deeds, and instruments used by the board in carrying out a project or plan if it is not in conflict with the law.

  37. Tex. Natural Resources Code Sec. 161.069. FEES.

  38. Tex. Natural Resources Code Sec. 161.070. ADDITIONAL FEES.

  39. Tex. Natural Resources Code Sec. 161.071. PAMPHLETS. The board shall have published pamphlets containing the provisions of this chapter and rules the board desires, and these pamphlets shall be made available to any interested veteran, veterans organization, or other interested person in the state.

  40. Tex. Natural Resources Code Sec. 161.072. LEASE BY BOARD.

  41. Tex. Natural Resources Code Sec. 161.073. CONTRACTS WITH PRIVATE ENTITIES. The board may contract with a private entity to administer all or part of the program if it is cost effective to do so.

  42. Tex. Natural Resources Code Sec. 161.074. BOND ENHANCEMENT AGREEMENTS.

  43. Tex. Natural Resources Code Sec. 161.075. INFORMATION FOR LENDING INSTITUTIONS.

  44. Tex. Natural Resources Code Sec. 161.076. MEMORANDUM OF UNDERSTANDING.

  45. Tex. Natural Resources Code Sec. 161.077. COMMUNICATIONS CENTER.

  46. Tex. Natural Resources Code Sec. 161.078. WEBSITE; BROCHURE.

  47. Tex. Natural Resources Code Sec. 161.079. BENEFITS SEMINARS.

  48. Tex. Natural Resources Code Sec. 161.080. CONFIDENTIALITY OF CERTAIN INFORMATION.

  49. Tex. Natural Resources Code Sec. 161.111. ISSUANCE AND SALE OF BONDS; DISPOSITION OF PROCEEDS. By appropriate action, the board may provide by resolution for the issuance and sale of negotiable bonds authorized by the constitution, and the proceeds shall be a part of the fund.

  50. Tex. Natural Resources Code Sec. 161.112. INSTALLMENTS. The board, at its option, may issue bonds in one or several installments.

  51. Tex. Natural Resources Code Sec. 161.113. INTEREST RATE. The bonds shall bear the rate or rates of interest prescribed by the board.

  52. Tex. Natural Resources Code Sec. 161.114. PAYMENT AND MATURITY OF BONDS.

  53. Tex. Natural Resources Code Sec. 161.115. FORM, DENOMINATION, AND PLACE OF PAYMENT OF BONDS. The board shall determine the form of the bonds, including the forms of interest coupons attached to the bonds, and shall fix the denomination or denominations of the bonds and the place or places for payment of the principal of and interest on the bonds.

  54. Tex. Natural Resources Code Sec. 161.116. MANNER OF EXECUTION.

  55. Tex. Natural Resources Code Sec. 161.117. SIGNATURES AND SEALS.

  56. Tex. Natural Resources Code Sec. 161.118. APPROVAL BY ATTORNEY GENERAL. Before bonds are delivered to the purchasers, the record relating to the bonds shall be examined by the attorney general. If the record demonstrates that the bonds have been issued in accordance with the constitution and this subchapter, the bonds shall be approved by the attorney general.

  57. Tex. Natural Resources Code Sec. 161.119. REGISTRATION WITH COMPTROLLER. After the bonds are approved by the attorney general, they shall be registered in the office of the comptroller.

  58. Tex. Natural Resources Code Sec. 161.120. VALIDITY OF BONDS.

  59. Tex. Natural Resources Code Sec. 161.121. BONDS AS NEGOTIABLE INSTRUMENTS. Bonds issued under this chapter have and are declared to have all qualities and incidents of negotiable instruments under the laws of this state.

  60. Tex. Natural Resources Code Sec. 161.123. NOTICE FOR BIDS ON BONDS. If the board authorizes the issuance of a series of bonds and decides to call for bids, it shall publish an appropriate notice at least one time not less than 10 days before the date of the sale in a recognized financial journal of general circulation.

  61. Tex. Natural Resources Code Sec. 161.124. SECURITY FOR BID. The board may require bidders to accompany their bids with exchange or bank cashier's checks in an amount considered adequate by the board to be a forfeit guaranteeing the acceptance and payment for bonds covered by the bids and accepted by the board.

  62. Tex. Natural Resources Code Sec. 161.125. SALE OF BONDS. Bonds may be sold at public or private sale at a price or prices and on terms determined by the board.

  63. Tex. Natural Resources Code Sec. 161.126. REPLACEMENT BONDS. The board may provide for replacement of bonds that are mutilated, lost, or destroyed.

  64. Tex. Natural Resources Code Sec. 161.127. REFUNDING BONDS.

  65. Tex. Natural Resources Code Sec. 161.128. BONDS AS INVESTMENTS AND SECURITY.

  66. Tex. Natural Resources Code Sec. 161.129. TAXATION OF BONDS. Bonds are exempt from any tax by the state and by cities, towns, villages, counties, school districts, and other political subdivisions and public agencies of the state.

  67. Tex. Natural Resources Code Sec. 161.130. CONSTITUTIONAL APPROPRIATIONS.

  68. Tex. Natural Resources Code Sec. 161.131. MINORITY-OWNED BUSINESSES.

  69. Tex. Natural Resources Code Sec. 161.132. WOMEN-OWNED BUSINESSES.

  70. Tex. Natural Resources Code Sec. 161.171. MONEY AND LAND INCLUDED IN FUND.

  71. Tex. Natural Resources Code Sec. 161.173. INVESTMENT OF MONEY IN FUND.

  72. Tex. Natural Resources Code Sec. 161.1731. CUSTODY AND INVESTMENT OF ASSETS PENDING TRANSACTIONS. With the approval of the comptroller, the board, in managing the assets of the fund, pending the completion of an investment transaction, may:

  73. Tex. Natural Resources Code Sec. 161.1732. LENDING SECURITIES.

  74. Tex. Natural Resources Code Sec. 161.174. USE OF FUND TO PAY PRINCIPAL AND INTEREST. The principal of and interest on bonds issued by the board shall be paid from money in the fund as provided by the constitutional provision authorizing the bonds.

  75. Tex. Natural Resources Code Sec. 161.175. USE OF FUND TO PAY EXPENSES RELATED TO THE LAND.

  76. Tex. Natural Resources Code Sec. 161.176. USE OF FUND TO PAY BOND EXPENSES. The board may use money in the fund attributable to bonds issued and sold to pay:

  77. Tex. Natural Resources Code Sec. 161.177. PURCHASE AND DESTRUCTION OF BONDS.

  78. Tex. Natural Resources Code Sec. 161.178. DISPOSAL OF EXCESS FUNDS. Subject to the provisions of the constitution:

  79. Tex. Natural Resources Code Sec. 161.179. SALE OF LAND AND LAND CONTRACTS. Notwithstanding any other provision of this chapter, the board may sell at public or private sale, with or without public bidding, any or all of the land contracts and related land. Proceeds from the sale shall be deposited in the fund or account from which the contracts or related land were sold and otherwise applied in the manner set forth in this chapter, except that at the direction of the board the sale proceeds may be used by the board, together with other available money, to discharge, pay, or redeem, in whole or in part, outstanding bonds issued by the board.

  80. Tex. Natural Resources Code Sec. 161.180. TEMPORARY TRANSFERS. Amounts temporarily transferred from the fund to the veterans' housing assistance fund or the veterans' housing assistance fund II under the Texas Constitution shall be returned to the fund as soon as practicable. Investment earnings allocated by the board to the transferred amounts shall be credited to the fund as if the transfer had not been made.

  81. Tex. Natural Resources Code Sec. 161.2111. REPORT TO BOND REVIEW BOARD. When the Veterans' Land Board applies under Subchapter C, Chapter 1231, Government Code, for the Bond Review Board's approval of a bond issuance, or on request of the Bond Review Board, with respect to purchases made under this chapter, the Veterans' Land Board shall file with the Bond Review Board a report on the performance of loans made by the Veterans' Land Board in connection with the purchases. The Bond Review Board shall review the reports filed by the Veterans' Land Board under this section to assess the performance of loans made under this chapter. The filing dates and the contents of the reports must comply with any rules adopted by the Bond Review Board.

  82. Tex. Natural Resources Code Sec. 161.212. APPRAISAL.

  83. Tex. Natural Resources Code Sec. 161.213. SWORN REPORT.

  84. Tex. Natural Resources Code Sec. 161.214. TITLE.

  85. Tex. Natural Resources Code Sec. 161.215. PURCHASE OF LAND. Land purchased by the board shall be acquired at the lowest price that can be obtained in the opinion of the board, taking into consideration the quality, location, natural advantages, and improvements of the land. The land shall be paid for in cash and shall be clear of all liens and shall be a part of the fund.

  86. Tex. Natural Resources Code Sec. 161.216. COST OF LAND SOLD BY BOARD. Except for forfeited land that may be resold by the board at less than actual cost under Section 161.319 of this code, land shall not be sold by the board at less than its actual cost.

  87. Tex. Natural Resources Code Sec. 161.217. APPOINTMENT OF LOCAL COMMITTEE. The commissioners court of each county in the state shall appoint a committee composed of three resident real property owners of the county.

  88. Tex. Natural Resources Code Sec. 161.218. WORK OF LOCAL COMMITTEE.

  89. Tex. Natural Resources Code Sec. 161.219. BOARD INVESTIGATION.

  90. Tex. Natural Resources Code Sec. 161.220. EXEMPTION. The provisions of Sections 161.217 through 161.219 of this code do not apply to sales under Sections 161.175, 161.231 through 161.234, and 161.319 of this code unless the board so desires.

  91. Tex. Natural Resources Code Sec. 161.221. INITIATION OF SALE. The sale of land by the board may be properly initiated by contract of sale and purchase, and the contract shall be recorded in the deed records in the county in which the land is located.

  92. Tex. Natural Resources Code Sec. 161.222. PURCHASE PAYMENTS.

  93. Tex. Natural Resources Code Sec. 161.223. BOARD TO SPECIFY TERMS. The board may specify in each individual case the terms of the contract entered into with the purchaser as long as they are not contrary to the provisions of this chapter.

  94. Tex. Natural Resources Code Sec. 161.224. TIME LIMIT ON TRANSFER.

  95. Tex. Natural Resources Code Sec. 161.225. SALE TO A NONVETERAN. If the sale is made to a person other than a qualified Texas veteran, the assignee and all subsequent assignees shall assume an interest rate on the indebtedness to the board determined by the board at an amount not less than one percent a year greater than the rate determined by the board for sale to veterans under Sections 161.175 and 161.231 through 161.234 of this code or Subchapter G of this chapter on the date on which the transfer, sale, or conveyance is approved. If the purchase contract is awarded in a divorce action or incident to a written separation agreement, the interest rate shall not change.

  96. Tex. Natural Resources Code Sec. 161.226. DISPOSITION OF LAND THAT IS PAID FOR. Property sold under this chapter may be transferred, sold, or conveyed at any time after the entire indebtedness due to the board has been paid.

  97. Tex. Natural Resources Code Sec. 161.227. LEASE OF LAND.

  98. Tex. Natural Resources Code Sec. 161.228. CONDITIONS OF LEASES. While the veteran is indebted to the board for land purchased, if he executes or there exists a lease or contract of sale of oil, gas, or other minerals, chemicals, or hard metals or a lease or contract of sale for timber, sand, gravel, or other materials that covers all or part of the land and that would result in the depletion of the corpus of the tract, at least one-half of all bonus money, delay rentals, and royalties received as consideration for or payment under the oil, gas, and mineral lease and at least one-half of all money received under a lease or contract of sale of any other minerals, chemicals, hard metals, timber, sand, gravel, and other materials or as much as is required, shall be paid to the board by the owner of the lease or contract of sale and applied by the board to the satisfaction of the indebtedness.

  99. Tex. Natural Resources Code Sec. 161.229. DEEDS.

  100. Tex. Natural Resources Code Sec. 161.230. DEATH OF PURCHASER.

  101. Tex. Natural Resources Code Sec. 161.231. SUBDIVIDING LAND. Land acquired by the board may be subdivided for sale into tracts of the size the board may consider advisable.

  102. Tex. Natural Resources Code Sec. 161.232. CONDITIONS FOR SALE OF LAND. Land acquired and subdivided under Sections 161.175, 161.231, 161.233, and 161.234 of this code shall be offered for sale according to rules adopted by the board and shall be sold by the board to veterans qualified to participate in the program in conformity with the provisions of this chapter relating to the sale of land purchased generally by the board.

  103. Tex. Natural Resources Code Sec. 161.233. DOWN PAYMENT.

  104. Tex. Natural Resources Code Sec. 161.234. SALE TO OTHER PURCHASERS. The provisions of Sections 161.175 and 161.231 through 161.233 of this code notwithstanding, land acquired and subdivided under these sections that has first been offered for sale to veterans and that has not been sold to the purchasers may be sold to any purchaser in the same manner as land forfeited under this chapter.

  105. Tex. Natural Resources Code Sec. 161.235. RIGHTS OF SURVIVING SPOUSE. If an eligible Texas veteran dies after he has filed with the board an application and contract of sale to purchase through the board the tract selected by him or her and before the purchase is completed, the surviving spouse of the veteran may complete the transaction.

  106. Tex. Natural Resources Code Sec. 161.236. NUMBER OF TRACTS PURCHASED. The board may promulgate rules to determine the number of tracts of land that a veteran may purchase under this chapter.

  107. Tex. Natural Resources Code Sec. 161.237. EXEMPTION FROM CERTAIN REAL ESTATE TRANSACTION LAWS.

  108. Tex. Natural Resources Code Sec. 161.281. SELECTION OF LAND.

  109. Tex. Natural Resources Code Sec. 161.282. PROCESSING APPLICATIONS. As far as practical, applications shall be processed in the order in which they are received by the board.

  110. Tex. Natural Resources Code Sec. 161.283. PURCHASE BY BOARD.

  111. Tex. Natural Resources Code Sec. 161.284. APPRAISAL AND TITLE. The board shall have an appraisal of the property made as it considers necessary to determine the value and, before consummating the purchase, shall satisfy itself regarding the title as provided in Section 161.214 of this code. The board may by rule require an on-site meeting between the appraiser and the veteran.

  112. Tex. Natural Resources Code Sec. 161.285. SEPARATE TRANSACTIONS.

  113. Tex. Natural Resources Code Sec. 161.286. PURCHASE PREFERENCE.

  114. Tex. Natural Resources Code Sec. 161.287. RULES GOVERNING SALE. The rules governing the sale of land under this subchapter are governed by the provisions of this chapter relating to sale of land generally by the board except where those provisions conflict with this subchapter.

  115. Tex. Natural Resources Code Sec. 161.288. REFUND. If the title to the land is not approved and accepted by the board, any amount paid to the board or the board's designee in excess of the amount that the board agreed to pay for the selected land shall be refunded to the veteran together with any other down payment remitted to the board.

  116. Tex. Natural Resources Code Sec. 161.311. BOARD JUDGE OF FORFEITURE. The board is the sole judge of forfeiture of any purchase contract under this chapter and any person availing himself of the provisions of this chapter by so doing agrees to abide by this chapter.

  117. Tex. Natural Resources Code Sec. 161.312. FORFEITURE BY BOARD.

  118. Tex. Natural Resources Code Sec. 161.313. CORRECTION OF REASON FOR FORFEITURE. If the person corrects or cures the reason for forfeiture within the 30-day notice period, the board shall not enter an order of forfeiture.

  119. Tex. Natural Resources Code Sec. 161.314. TIME OF FORFEITURE. The forfeiture is effective at the time the board meets and adopts a resolution directing its chairman to endorse on the wrapper that contains the papers of the sale or on the purchase contract filed in the land office the word "forfeited" or words of similar import and the date of the action and to officially sign the document. At that time, the land and all payments previously made are forfeited.

  120. Tex. Natural Resources Code Sec. 161.315. NOTICE TO COUNTY CLERK. Notice of the board's action in forfeiting the original contract shall be mailed to the county clerk of the county in which the land is located and the clerk shall:

  121. Tex. Natural Resources Code Sec. 161.316. EFFECT OF FORFEITURE ON LEASES. On forfeiture, the full title to the land, including both surface and mineral estates, shall revest in the board, and the board shall recognize and continue in force and effect any outstanding valid oil, gas, or mineral lease and collect all rentals, royalties, or other amounts payable under the lease.

  122. Tex. Natural Resources Code Sec. 161.317. REINSTATEMENT OF PURCHASE.

  123. Tex. Natural Resources Code Sec. 161.318. RESALE OF LAND. Land included in a forfeited contract is subject to resale under Section 161.319 of this code.

  124. Tex. Natural Resources Code Sec. 161.319. RESALE OF FORFEITED LAND.

  125. Tex. Natural Resources Code Sec. 161.320. LATE PAYMENTS; DEFAULT INTEREST RATE.

  126. Tex. Natural Resources Code Sec. 161.321. VACATING PREMISES. If the board declares a forfeiture under a purchase contract, the purchaser shall vacate the premises within 45 days after the date of the letter giving notice of the declaration. The letter shall be sent by registered mail to the last known address of the purchaser.

  127. Tex. Natural Resources Code Sec. 161.322. ENFORCEMENT OF FORFEITURE AND PROTECTION OF RIGHTS. The board, by and through the attorney general, shall institute legal proceedings that are necessary to enforce the forfeiture or to recover the full amount of the delinquent installments, interest, and other penalties that may be due to the board at the time the forfeiture occurred or to protect any other right to the land.

  128. Tex. Natural Resources Code Sec. 161.323. LIABILITY. The liability of the original veteran purchaser and any subsequent assignee or assignees of the veteran are joint and several, but the original veteran purchaser is primarily liable for payment of the money under the original contract of sale and purchase. The board may release an assignor from liability under this section if at least three years have passed since the approved assignment.

  129. Tex. Natural Resources Code Sec. 161.324. DEFENSES IN LAWSUITS. After obtaining the permission of the legislature, in any action brought in the courts against the state involving the title to a tract of land to which the state has a warranty deed, the state is entitled to plead all statutes of limitations in the general laws of this state, but this shall not be considered as a limitation to any other defense the state may have.

  130. Tex. Natural Resources Code Sec. 161.361. DEFINITION. In this subchapter, "person purchasing land under the program" means a person or a person's successor or assign who buys land from the board under a contract of sale and purchase regardless of whether the land is sold under Sections 161.175 and 161.231 through 161.234 or Section 161.319 or Subchapter G, or who buys land using a mortgage loan under Subchapter K.

  131. Tex. Natural Resources Code Sec. 161.362. INSURANCE REQUIREMENT.

  132. Tex. Natural Resources Code Sec. 161.363. INSURANCE CONTRACT. The board may enter into a contract or agreement with one or more insurance companies authorized to do business in this state to provide life, disability, or other insurance coverage to persons purchasing land under the program, if it is in the best interest of the program.

  133. Tex. Natural Resources Code Sec. 161.366. INSURANCE NOT MANDATORY. It is not mandatory that a person purchasing land under the program accept the offer of the insurance coverage, and refusal by the person to accept the offer of the coverage shall not be a ground for the board to decline to enter into a contract of sale and purchase or a mortgage with the person.

  134. Tex. Natural Resources Code Sec. 161.368. COLLECTION OF PREMIUM. The board may collect or provide for collection of the insurance premium in a reasonable manner.

  135. Tex. Natural Resources Code Sec. 161.370. CANCELLATION BY INSURER. The contract or agreement shall not prohibit cancellation by the insurer of the entire contract on reasonable notice to the board but shall prohibit cancellation of individual coverage except as provided in this subchapter.

  136. Tex. Natural Resources Code Sec. 161.371. TERMINATION OF INDIVIDUAL COVERAGE.

  137. Tex. Natural Resources Code Sec. 161.401. PENALTY FOR CERTAIN TRANSACTIONS. Any person, seller, veteran, or appraiser who knowingly makes, utters, publishes, passes, or uses any false, fictitious, or forged paper, document, contract, affidavit, application, assignment, or other instrument in writing in connection with or pertaining to any transaction under this chapter is guilty of a felony and on conviction shall be punished by imprisonment in the Texas Department of Criminal Justice for not less than two nor more than 10 years, or by a fine of not less than $1,000 nor more than $10,000, or by both.

  138. Tex. Natural Resources Code Sec. 161.402. PENALTY RELATING TO CERTAIN PURCHASES, SALES, AND RESALES OF LAND. A person who knowingly files a false, fictitious, or forged paper, document, contract, affidavit, application, assignment, or other instrument in writing relating to the purchase, sale, or resale of land under this chapter is guilty of a felony and on conviction shall be punished by imprisonment in the Texas Department of Criminal Justice for not less than two nor more than 10 years or by a fine of not less than $1,000 nor more than $10,000, or by both.

  139. Tex. Natural Resources Code Sec. 161.403. PENALTY FOR DEFRAUDING VETERAN AND STATE. A person who defrauds a veteran of his rights and benefits under this chapter by an act of fraud, duress, deceit, coercion, or misrepresentation or a person who uses the purposes or provisions of this chapter to defraud the state or any veteran by an act of fraud, duress, coercion, misrepresentation, or deceit, is guilty of a felony, and on conviction shall be punished by imprisonment in the Texas Department of Criminal Justice for not less than two nor more than 10 years or by a fine of not less than $1,000 nor more than $10,000, or by both.

  140. Tex. Natural Resources Code Sec. 161.501. PURPOSE OF SUBCHAPTER; CONSTRUCTION. The purpose of this subchapter is to authorize the board to provide loans to veterans for the purchase of land that are secured by a mortgage, deed of trust, or other lien on the land. This subchapter shall be liberally construed to effect that purpose.

  141. Tex. Natural Resources Code Sec. 161.502. DEFINITIONS. In this subchapter:

  142. Tex. Natural Resources Code Sec. 161.503. LOANS.

  143. Tex. Natural Resources Code Sec. 161.504. ELIGIBILITY FOR LOAN.

  144. Tex. Natural Resources Code Sec. 161.505. SECURITY FOR LOAN. A disbursement of money on a loan may not be made unless the loan is secured by a mortgage, deed of trust, or other lien on the land purchased with the proceeds of the loan. A mortgage, deed of trust, or other lien may be a participation in a lien securing any other loan for the purchase of the property, including a lien securing a home loan under Chapter 162.

  145. Tex. Natural Resources Code Sec. 161.506. INITIAL PAYMENT OR EQUITY. The board may require an initial payment on a loan or may require an investment in the land by the loan recipient in an amount set by the board by rule.

  146. Tex. Natural Resources Code Sec. 161.507. LOAN PAYMENTS.

  147. Tex. Natural Resources Code Sec. 161.508. FEES; INTEREST.

  148. Tex. Natural Resources Code Sec. 161.509. LATE PAYMENTS; DEFAULT INTEREST RATE.

  149. Tex. Natural Resources Code Sec. 161.510. COMBINATION WITH CERTAIN HOME LOANS. The board may:

  150. Tex. Natural Resources Code Sec. 161.511. TIME LIMIT ON TRANSFER OF LAND.

  151. Tex. Natural Resources Code Sec. 161.512. INCREASE IN INTEREST RATE; ACCELERATED REPAYMENT. If a recipient of a loan does not comply with the requirements of Section 161.511(a) and the board does not waive the three-year period prescribed by that section, the board by rule may provide for:

  152. Tex. Natural Resources Code Sec. 161.513. FORECLOSURE AND RESALE. The board shall adopt rules providing procedures governing foreclosure of a lien securing a loan.

  153. Tex. Natural Resources Code Sec. 161.514. SALE OF LOANS.

  154. Tex. Natural Resources Code Sec. 161.515. CERTAIN RIGHTS, BENEFITS, CONDITIONS, AND OBLIGATIONS PROHIBITED. In making rules and administering this subchapter, the board may not impose on or grant a loan recipient or a transferee under Section 161.511 a right, benefit, condition, or obligation that, in any way, may impair:

Chapter 162

  1. Tex. Natural Resources Code Sec. 162.001. DEFINITIONS.

  2. Tex. Natural Resources Code Sec. 162.002. MONEY AND INTERESTS INCLUDED IN THE VETERANS' HOUSING ASSISTANCE FUND.

  3. Tex. Natural Resources Code Sec. 162.003. ADMINISTRATION.

  4. Tex. Natural Resources Code Sec. 162.004. INVESTMENTS OF CERTAIN MONEY IN THE VETERANS' HOUSING ASSISTANCE FUND. Money in the fund that is not immediately committed to the payment of principal and interest on bonds issued by the board to provide money for the fund, the making of home mortgage loans as provided by this chapter, or the payment of expenses as provided by this chapter may be invested in investments authorized for the veterans land fund.

  5. Tex. Natural Resources Code Sec. 162.0041. CUSTODY AND INVESTMENT OF ASSETS PENDING TRANSACTIONS. With the approval of the comptroller, the board, in managing the assets of the fund, pending the completion of an investment transaction, may:

  6. Tex. Natural Resources Code Sec. 162.0042. LENDING SECURITIES.

  7. Tex. Natural Resources Code Sec. 162.005. SALE OF LOANS.

  8. Tex. Natural Resources Code Sec. 162.006. TEMPORARY TRANSFERS. Amounts temporarily transferred from either veterans' housing assistance fund to the veterans' land fund or to the other veterans' housing assistance fund under the Texas Constitution shall be returned to the fund as soon as practicable. Investment earnings allocated by the board to the transferred amounts shall be credited to the fund as if the transfer had not been made.

  9. Tex. Natural Resources Code Sec. 162.011. LOANS.

  10. Tex. Natural Resources Code Sec. 162.013. INTEREST RATE. A loan under this chapter shall bear a fixed, variable, floating, or other rate or rates of interest determined by the board. The board may set the interest rate or rates to provide a margin over the rate paid by the board on its bonds issued under this chapter. The difference between the cost of the money to the board and the interest rate or rates charged to a veteran may be used in whole or in part to defray the expense of administering the program. To assure the maximum benefit of the program to the veteran, the board shall adopt rules relative to the fees, charges, and interest rates charged by the lending institutions on the financing of the home with money other than from the fund and shall limit to the maximum extent practical such fees, charges, and interest rates to those which would be collected by the lending institution in the normal course of its residential mortgage lending business.

  11. Tex. Natural Resources Code Sec. 162.014. SECURITY FOR THE LOAN. No disbursement of funds on a loan shall be made unless the loan is secured by a mortgage, deed of trust, or other lien on the home. A mortgage retained by or a deed of trust to the board or any other lien may be a participation in a lien securing any other loan for the purchase of the property. Payments to retire the loan shall be made at times determined by the board.

  12. Tex. Natural Resources Code Sec. 162.015. INITIAL PAYMENT OR EQUITY. The board may require an initial payment on a loan or may require an investment in the home by the veteran in an amount or amounts set by the board's rules under this chapter.

  13. Tex. Natural Resources Code Sec. 162.016. TIME LIMIT ON TRANSFER.

  14. Tex. Natural Resources Code Sec. 162.017. FORECLOSURE AND RESALE. The board shall adopt rules providing for the procedures and the rules for foreclosure and resale of homes financed with a loan under this chapter.

  15. Tex. Natural Resources Code Sec. 162.018. INTEREST RATE ON DELINQUENT PRINCIPAL AND INTEREST. Principal and interest that become delinquent shall bear interest at a rate fixed by the board.

  16. Tex. Natural Resources Code Sec. 162.019. ENFORCEMENT OF FORFEITURE AND PROTECTION OF RIGHTS. The board may request the attorney general to take whatever action is necessary to protect the rights of the state and the veterans' housing assistance funds in any matter concerning the program, and on a request, the attorney general shall take such action.

  17. Tex. Natural Resources Code Sec. 162.031. ISSUANCE AND SALE OF BONDS; DISPOSITION OF PROCEEDS.

  18. Tex. Natural Resources Code Sec. 162.032. INSTALLMENTS. The board may issue bonds in one or several installments.

  19. Tex. Natural Resources Code Sec. 162.033. INTEREST RATE. The bonds shall bear the rate of interest prescribed by the board.

  20. Tex. Natural Resources Code Sec. 162.034. PAYMENT AND MATURITY OF BONDS.

  21. Tex. Natural Resources Code Sec. 162.035. FORM, DENOMINATION, AND PLACE OF PAYMENT OF BONDS. The board shall determine the terms of the bonds and the form of the bonds, including the forms of interest coupons attached to the bonds, if any, and shall fix the denomination of the bonds and the place for payment of the principal of and interest on the bonds.

  22. Tex. Natural Resources Code Sec. 162.036. MANNER OF EXECUTION.

  23. Tex. Natural Resources Code Sec. 162.037. SIGNATURES AND SEALS.

  24. Tex. Natural Resources Code Sec. 162.038. APPROVAL BY ATTORNEY GENERAL. Before the bonds are delivered to the purchasers, the record relating to the bonds shall be examined by the attorney general. If the record demonstrates that the bonds have been issued in accordance with the constitution and this chapter, the bonds shall be approved by the attorney general.

  25. Tex. Natural Resources Code Sec. 162.039. REGISTRATION WITH COMPTROLLER. After the bonds are approved by the attorney general, they shall be registered in the office of the comptroller of public accounts.

  26. Tex. Natural Resources Code Sec. 162.040. VALIDITY OF BONDS.

  27. Tex. Natural Resources Code Sec. 162.041. BONDS AS NEGOTIABLE INSTRUMENTS. Bonds issued under this chapter have and are declared to have all qualities and incidents of negotiable instruments under the laws of this state.

  28. Tex. Natural Resources Code Sec. 162.042. NOTICE FOR BIDS ON BONDS. If the board authorizes the issuance of a series of bonds and decides to call for bids, it shall publish an appropriate notice at least one time not less than 10 days before the date of the sale in a recognized financial journal of general circulation.

  29. Tex. Natural Resources Code Sec. 162.043. SECURITY FOR BID. The board may require bidders to accompany their bids with exchange or bank cashier's checks in an amount considered adequate by the board to be a forfeit guaranteeing the acceptance and payment for bonds covered by the bids and accepted by the board.

  30. Tex. Natural Resources Code Sec. 162.044. SALE OF BONDS. Bonds may be sold at public or private sale at a price or prices and on terms determined by the board.

  31. Tex. Natural Resources Code Sec. 162.045. REPLACEMENT BONDS. The board may provide for replacement of bonds that are mutilated, lost, or destroyed.

  32. Tex. Natural Resources Code Sec. 162.046. REFUNDING BONDS. The board may provide by resolution for issuance of refunding bonds for the purpose of refunding outstanding bonds issued under this chapter together with accrued interest on the bonds.

  33. Tex. Natural Resources Code Sec. 162.047. BONDS AS INVESTMENTS AND SECURITY.

  34. Tex. Natural Resources Code Sec. 162.048. TAXATION OF BONDS. The bonds are exempt from any tax by the state and by cities, towns, villages, counties, school districts, and other political subdivisions and public agencies of the state.

  35. Tex. Natural Resources Code Sec. 162.049. PAYMENT OF PRINCIPAL AND INTEREST. The comptroller shall pay the principal on bonds as they mature and the interest as it becomes payable. Payments shall be made at the place of payment designated on the bonds.

  36. Tex. Natural Resources Code Sec. 162.050. CONSTITUTIONAL APPROPRIATIONS.

  37. Tex. Natural Resources Code Sec. 162.051. PURCHASE AND DESTRUCTION OF BONDS.

  38. Tex. Natural Resources Code Sec. 162.052. BOND ENHANCEMENT AGREEMENTS.

Chapter 164

  1. Tex. Natural Resources Code Sec. 164.001. PURPOSE AND POLICY.

  2. Tex. Natural Resources Code Sec. 164.002. DEFINITIONS.

  3. Tex. Natural Resources Code Sec. 164.003. FINANCIAL ASSISTANCE PROGRAMS. The board may establish one or more programs for providing financial assistance to veterans under this chapter. A program may be limited to the purpose of purchasing land, selling land to veterans, making home mortgage loans to veterans, or providing one or more veterans homes or veterans cemeteries. To the extent a financial assistance program is for the purpose of purchasing land or selling land to veterans, the program shall be administered, to the extent consistent with this chapter and otherwise deemed practicable and desirable by the board, in accordance with the board's Veterans' Land Program. To the extent a financial assistance program is for the purpose of making home mortgage loans to veterans, the program shall be administered, to the extent consistent with this chapter and otherwise deemed practicable and desirable by the board, in accordance with the board's Veterans' Housing Assistance Program.

  4. Tex. Natural Resources Code Sec. 164.004. RULES. The board shall adopt rules providing for the administration of its financial assistance programs established under this chapter, including rules concerning:

  5. Tex. Natural Resources Code Sec. 164.005. RIGHTS AND POWERS OF BOARD.

  6. Tex. Natural Resources Code Sec. 164.0051. LOCATION OF VETERANS HOMES. To the extent practicable, when determining the location of new veterans homes in this state, the board shall consider:

  7. Tex. Natural Resources Code Sec. 164.006. ISSUANCE OF BONDS. For the issuance of bonds under this chapter, the board may exercise the authority granted to the governing body of an issuer with regard to issuance of obligations under Chapter 1371, Government Code, to the extent that it is not inconsistent with this chapter.

  8. Tex. Natural Resources Code Sec. 164.007. CONDITIONS FOR ISSUANCE OF BONDS.

  9. Tex. Natural Resources Code Sec. 164.008. FORM OF BONDS.

  10. Tex. Natural Resources Code Sec. 164.009. SECURITY FOR THE BONDS.

  11. Tex. Natural Resources Code Sec. 164.010. BOND ENHANCEMENT AGREEMENTS.

  12. Tex. Natural Resources Code Sec. 164.011. FUNDS.

  13. Tex. Natural Resources Code Sec. 164.012. RESOLUTIONS.

  14. Tex. Natural Resources Code Sec. 164.013. INVESTMENT SECURITIES. The bonds and any interest coupons are investment securities under Chapter 8, Business & Commerce Code, and may be issued registrable as to principal or as to both principal and interest or may be made redeemable before maturity at the option of the authority or may contain a mandatory redemption provision.

  15. Tex. Natural Resources Code Sec. 164.014. APPROVAL OF THE ATTORNEY GENERAL. Bonds issued under this chapter are subject to review and approval by the attorney general in the same manner and with the same effect as provided by Chapter 1371, Government Code.

  16. Tex. Natural Resources Code Sec. 164.015. REFUNDING BONDS.

  17. Tex. Natural Resources Code Sec. 164.016. BONDS AS INVESTMENTS AND SECURITY.

  18. Tex. Natural Resources Code Sec. 164.017. TAX EXEMPT. Since the board is performing an essential governmental function in the exercise of the powers conferred on it by this chapter, the bonds issued under this chapter, and the interest and income from the bonds, including any profit made on the sale of bonds, and all fees, charges, gifts, grants, revenues, receipts, and other money received or pledged to pay or secure the payment of bonds are free from taxation and assessments of every kind by this state and any city, county, district, authority, or other political subdivision of this state.

  19. Tex. Natural Resources Code Sec. 164.018. NO PLEDGE OF STATE FAITH AND CREDIT; COVENANT WITH OWNERS OF BONDS.

  20. Tex. Natural Resources Code Sec. 164.019. ENFORCEMENT BY MANDAMUS. A writ of mandamus and all other legal and equitable remedies are available to a party in interest to require the board and any other party to carry out agreements and to perform functions and duties under this chapter, the Texas Constitution, or the board's bond resolutions or orders.

Chapter 183

  1. Tex. Natural Resources Code Sec. 183.001. DEFINITIONS. In this chapter:

  2. Tex. Natural Resources Code Sec. 183.002. CREATION, CONVEYANCES, ACCEPTANCES, AND DURATION.

  3. Tex. Natural Resources Code Sec. 183.003. JUDICIAL ACTIONS.

  4. Tex. Natural Resources Code Sec. 183.004. VALIDITY. A conservation easement is valid even though:

  5. Tex. Natural Resources Code Sec. 183.005. APPLICABILITY.

  6. Tex. Natural Resources Code Sec. 183.006. COUNTY FINANCING FOR ACQUISITION OF CONSERVATION EASEMENT.

Chapter 191

  1. Tex. Natural Resources Code Sec. 191.001. TITLE. This chapter may be cited as the Antiquities Code of Texas.

  2. Tex. Natural Resources Code Sec. 191.002. DECLARATION OF PUBLIC POLICY. It is the public policy and in the public interest of the State of Texas to locate, protect, and preserve all sites, objects, buildings, pre-twentieth century shipwrecks, and locations of historical, archeological, educational, or scientific interest, including but not limited to prehistoric and historical American Indian or aboriginal campsites, dwellings, and habitation sites, archeological sites of every character, treasure imbedded in the earth, sunken or abandoned ships and wrecks of the sea or any part of their contents, maps, records, documents, books, artifacts, and implements of culture in any way related to the inhabitants, pre-history, history, natural history, government, or culture in, on, or under any of the land in the State of Texas, including the tidelands, submerged land, and the bed of the sea within the jurisdiction of the State of Texas.

  3. Tex. Natural Resources Code Sec. 191.003. DEFINITIONS. In this chapter:

  4. Tex. Natural Resources Code Sec. 191.004. CERTAIN RECORDS NOT PUBLIC INFORMATION.

  5. Tex. Natural Resources Code Sec. 191.021. COMPLIANCE WITH OPEN MEETINGS ACT AND ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT.

  6. Tex. Natural Resources Code Sec. 191.051. IN GENERAL.

  7. Tex. Natural Resources Code Sec. 191.052. RULES. The committee may promulgate rules and require contract or permit conditions to reasonably effect the purposes of this chapter.

  8. Tex. Natural Resources Code Sec. 191.0525. NOTICE REQUIRED.

  9. Tex. Natural Resources Code Sec. 191.053. CONTRACT FOR DISCOVERY AND SCIENTIFIC INVESTIGATION.

  10. Tex. Natural Resources Code Sec. 191.054. PERMIT FOR SURVEY AND DISCOVERY, EXCAVATION, RESTORATION, DEMOLITION, OR STUDY.

  11. Tex. Natural Resources Code Sec. 191.055. SUPERVISION. All scientific investigations or recovery operations conducted under the contract provisions in Section 191.053 of this code and all operations conducted under permits or contracts set out in Section 191.054 of this code must be carried out:

  12. Tex. Natural Resources Code Sec. 191.056. ACCEPTANCE OF GIFTS. The committee may accept gifts, grants, devises, or bequests of money, securities, or property to be used in the pursuance of its activities and the performance of its duties.

  13. Tex. Natural Resources Code Sec. 191.057. SURVEY, EXCAVATION, OR RESTORATION FOR PRIVATE PARTIES. The committee may survey, excavate, or restore antiquities for private parties under rules promulgated by the committee. All real and administrative costs incurred in the survey, excavation, or restoration shall be paid by the private party.

  14. Tex. Natural Resources Code Sec. 191.058. CURATION OF ARTIFACTS.

  15. Tex. Natural Resources Code Sec. 191.059. COMPLAINTS.

  16. Tex. Natural Resources Code Sec. 191.091. SHIPS, WRECKS OF THE SEA, AND TREASURE IMBEDDED IN EARTH. Sunken or abandoned pre-twentieth century ships and wrecks of the sea, and any part or the contents of them, and all treasure imbedded in the earth, located in, on, or under the surface of land belonging to the State of Texas, including its tidelands, submerged land, and the beds of its rivers and the sea within jurisdiction of the State of Texas, are declared to be state archeological landmarks and are eligible for designation.

  17. Tex. Natural Resources Code Sec. 191.092. OTHER SITES, ARTIFACTS, OR ARTICLES.

  18. Tex. Natural Resources Code Sec. 191.093. PREREQUISITES TO REMOVAL, ALTERING, DAMAGING, DESTROYING, SALVAGING, OR EXCAVATING CERTAIN LANDMARKS. Landmarks under Section 191.091 or 191.092 of this code are the sole property of the State of Texas and may not be removed, altered, damaged, destroyed, salvaged, or excavated without a contract with or permit from the committee.

  19. Tex. Natural Resources Code Sec. 191.094. DESIGNATING A LANDMARK ON PRIVATE LAND.

  20. Tex. Natural Resources Code Sec. 191.095. PERMIT FOR LANDMARK ON PRIVATE LAND. All sites or items of archeological, scientific, or historical interest located on private land in the State of Texas in areas designated as landmarks, as provided in Section 191.094 of this code, and landmarks under Section 191.092 of this code, may not be taken, altered, damaged, destroyed, salvaged, or excavated without a permit from the committee or in violation of the terms of the permit.

  21. Tex. Natural Resources Code Sec. 191.096. MARKING LANDMARK ON PRIVATE LAND. Any site on private land which is designated a landmark shall be marked by at least one marker bearing the words "State Archeological Landmark".

  22. Tex. Natural Resources Code Sec. 191.097. REMOVING DESIGNATION AS LANDMARK.

  23. Tex. Natural Resources Code Sec. 191.098. NOTIFICATION OF ALTERATION OR DEMOLITION OF POSSIBLE LANDMARK.

  24. Tex. Natural Resources Code Sec. 191.131. CONTRACT OR PERMIT REQUIREMENT.

  25. Tex. Natural Resources Code Sec. 191.132. DAMAGE OR DESTRUCTION.

  26. Tex. Natural Resources Code Sec. 191.133. ENTRY WITHOUT CONSENT. No person who is not the owner, and does not have the consent of the owner, proprietor, lessee, or person in charge, may enter or attempt to enter on the enclosed land of another and intentionally injure, disfigure, remove, excavate, damage, take, dig into, or destroy any historical structure, monument, marker, medallion, or artifact, or any prehistoric or historic archeological site, American Indian or aboriginal campsite, artifact, burial, ruin, or other archeological remains located in, on, or under any private land within the State of Texas.

  27. Tex. Natural Resources Code Sec. 191.171. CRIMINAL PENALTY.

  28. Tex. Natural Resources Code Sec. 191.172. CIVIL ACTION BY ATTORNEY GENERAL.

  29. Tex. Natural Resources Code Sec. 191.173. CIVIL ACTION BY CITIZEN.

  30. Tex. Natural Resources Code Sec. 191.174. ASSISTANCE FROM STATE AGENCIES, POLITICAL SUBDIVISIONS, AND LAW ENFORCEMENT OFFICERS.

Chapter 201

  1. Tex. Natural Resources Code Sec. 201.001. POLICY. It is declared to be the public policy and in the public interest of the State of Texas to protect and preserve all caves on or under any of the land in the State of Texas, including tidelands, submerged land, and the bed of the sea within the jurisdiction of the State of Texas.

  2. Tex. Natural Resources Code Sec. 201.002. DEFINITIONS. In this chapter:

  3. Tex. Natural Resources Code Sec. 201.011. PERMIT REQUIRED. No person may excavate, remove, destroy, injure, alter in any significant manner, or deface any part of a cave owned by the State of Texas, unless the person possesses a valid permit under Section 201.012.

  4. Tex. Natural Resources Code Sec. 201.012. ISSUANCE OF PERMIT. The General Land Office may issue a permit under this subsection if the person seeking the permit furnishes the following information:

  5. Tex. Natural Resources Code Sec. 201.013. REVOCATION. The General Land Office may for good cause revoke any permit issued under Section 201.012 of this code.

  6. Tex. Natural Resources Code Sec. 201.014. PENALTIES. A person who violates Section 201.011 is guilty of a Class A misdemeanor, unless the person has previously been convicted of violating that section, in which case the person is guilty of a state jail felony.

  7. Tex. Natural Resources Code Sec. 201.041. VANDALISM.

  8. Tex. Natural Resources Code Sec. 201.042. SALE OF SPELEOTHEMS.

Chapter 211

  1. Tex. Natural Resources Code Sec. 211.001. DEFINITIONS. In this chapter:

  2. Tex. Natural Resources Code Sec. 211.002. POWERS OF LOCAL GOVERNMENTS.

  3. Tex. Natural Resources Code Sec. 211.011. JURISDICTION. The commission has jurisdiction over all salt dome storage of hazardous liquids and over salt dome storage facilities used for the storage of hazardous liquids.

  4. Tex. Natural Resources Code Sec. 211.012. RULES AND STANDARDS.

  5. Tex. Natural Resources Code Sec. 211.013. RECORDS AND REPORTS.

  6. Tex. Natural Resources Code Sec. 211.014. INSPECTIONS AND EXAMINATIONS.

  7. Tex. Natural Resources Code Sec. 211.031. CIVIL PENALTY. A person who violates this chapter or a rule adopted or order or permit issued under this chapter is subject to a civil penalty of not more than $25,000 for each act of violation and for each day of violation. The total amount of penalties that may be assessed under this section for a related series of violations may not exceed $500,000.

  8. Tex. Natural Resources Code Sec. 211.032. ENFORCEMENT BY COMMISSION AND ATTORNEY GENERAL.

  9. Tex. Natural Resources Code Sec. 211.033. ADMINISTRATIVE PENALTY.

  10. Tex. Natural Resources Code Sec. 211.034. NOTICES OF NONCOMPLIANCE. In addition to other authority specifically granted to the commission under this chapter, the commission may enforce this chapter or any rule adopted or order or permit issued under this chapter as provided by Section 91.207 of this code.

Chapter 221

  1. Tex. Natural Resources Code Sec. 221.001. DEFINITIONS. In this chapter:

  2. Tex. Natural Resources Code Sec. 221.002. USE OF MONEY. A state agency or an eligible political subdivision may use any money to accomplish a purpose of this chapter.

  3. Tex. Natural Resources Code Sec. 221.003. COST OF MOVING OR CHANGING FACILITY. If a state agency, eligible political subdivision, or nonprofit corporation, in exercising a power under this chapter, makes it necessary to move, raise, lower, reroute, or change the grade of or alter the construction of a pipeline, highway, railroad, electric transmission or distribution line, or telephone or telegraph property or facility, the agency, subdivision, or corporation must bear the sole expense of the action.

  4. Tex. Natural Resources Code Sec. 221.021. ACTIONS TO ESTABLISH OR MAINTAIN MITIGATION BANK.

  5. Tex. Natural Resources Code Sec. 221.022. OPTIONAL MITIGATION BANK PROVISIONS. A mitigation bank project may include a provision for:

  6. Tex. Natural Resources Code Sec. 221.023. MITIGATION BANK CONTRACTS; CONTRACT PAYMENTS.

  7. Tex. Natural Resources Code Sec. 221.041. APPLICATION TO FEDERAL AGENCY. On behalf of an eligible political subdivision that proposes to administer its own individual or general wetland regulation program, the governor may apply to the appropriate federal agency for program approval.

  8. Tex. Natural Resources Code Sec. 221.042. COMPLIANCE WITH FEDERAL PROGRAM. An eligible political subdivision authorized to implement a wetland mitigation program may comply with a program established by the federal government with respect to the implementation of a wetland regulation program or for the acquisition, ownership, or operation of a wetland mitigation bank.

  9. Tex. Natural Resources Code Sec. 221.043. COUNTY APPROVAL OF POLITICAL SUBDIVISION PROGRAM. An eligible political subdivision may not institute a wetland regulation program unless the commissioners court of each county in which the eligible political subdivision lies approves the program after conducting a public hearing.

  10. Tex. Natural Resources Code Sec. 221.044. RULES FOR WETLAND DELINEATION.

  11. Tex. Natural Resources Code Sec. 221.045. PERMIT.

  12. Tex. Natural Resources Code Sec. 221.046. MITIGATION BANK FINANCING.

  13. Tex. Natural Resources Code Sec. 221.047. BOND REQUIREMENTS.

  14. Tex. Natural Resources Code Sec. 221.048. BOND PROCEEDS. If the use authorized by the order or resolution authorizing the issuance of a bond under Section 221.046, the bond proceeds may be used to:

Occupations

Chapter 1

  1. Tex. Occupations Code Sec. 1.001. PURPOSE OF CODE.

  2. Tex. Occupations Code Sec. 1.002. CONSTRUCTION OF CODE. Chapter 311, Government Code (Code Construction Act), applies to the construction of each provision in this code except as otherwise expressly provided by this code.

  3. Tex. Occupations Code Sec. 1.003. REFERENCE IN LAW TO STATUTE REVISED BY CODE. A reference in a law to a statute or a part of a statute revised by this code is considered to be a reference to the part of this code that revises that statute or part of that statute.

  4. Tex. Occupations Code Sec. 1.004. PREEMPTION.

Chapter 51

  1. Tex. Occupations Code Sec. 51.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 51.002. APPLICATION OF SUNSET ACT. The Texas Commission of Licensing and Regulation and the Texas Department of Licensing and Regulation are subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission and the department are abolished September 1, 2033.

  3. Tex. Occupations Code Sec. 51.003. APPLICABILITY. This chapter applies to each regulatory program administered by the department, including any program under which a license is issued by the department.

  4. Tex. Occupations Code Sec. 51.051. TEXAS DEPARTMENT OF LICENSING AND REGULATION.

  5. Tex. Occupations Code Sec. 51.052. APPOINTMENT OF COMMISSION.

  6. Tex. Occupations Code Sec. 51.053. COMMISSION MEMBERSHIP; ELIGIBILITY.

  7. Tex. Occupations Code Sec. 51.0535. CONFLICT OF INTEREST.

  8. Tex. Occupations Code Sec. 51.054. TRAINING.

  9. Tex. Occupations Code Sec. 51.055. TERMS; VACANCY.

  10. Tex. Occupations Code Sec. 51.056. PRESIDING OFFICER.

  11. Tex. Occupations Code Sec. 51.057. GROUNDS FOR REMOVAL.

  12. Tex. Occupations Code Sec. 51.058. COMPENSATION; REIMBURSEMENT.

  13. Tex. Occupations Code Sec. 51.059. MEETINGS.

  14. Tex. Occupations Code Sec. 51.060. CIVIL LIABILITY. A member of the commission is not liable in a civil action for an act performed in good faith while performing duties as a commission member.

  15. Tex. Occupations Code Sec. 51.061. PROHIBITED CONDUCT.

  16. Tex. Occupations Code Sec. 51.062. ACCESS TO CRIMINAL HISTORY RECORDS.

  17. Tex. Occupations Code Sec. 51.101. EXECUTIVE DIRECTOR. The commission shall appoint the executive director of the department. The executive director serves at the will of the commission.

  18. Tex. Occupations Code Sec. 51.103. EXECUTIVE DIRECTOR POWERS AND DUTIES.

  19. Tex. Occupations Code Sec. 51.104. PERSONNEL. The executive director may employ persons to perform the department's work and may prescribe their duties and compensation, subject to the personnel policies adopted by the commission and the commission's approval of the budget.

  20. Tex. Occupations Code Sec. 51.105. DIVISION OF RESPONSIBILITIES. The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the executive director and the staff of the department.

  21. Tex. Occupations Code Sec. 51.106. INFORMATION ON STANDARDS OF CONDUCT. The executive director or the executive director's designee shall provide to members of the commission and to department employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.

  22. Tex. Occupations Code Sec. 51.107. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.

  23. Tex. Occupations Code Sec. 51.108. EQUAL EMPLOYMENT OPPORTUNITY POLICY.

  24. Tex. Occupations Code Sec. 51.201. GENERAL POWERS AND DUTIES OF COMMISSION.

  25. Tex. Occupations Code Sec. 51.2011. POWERS AND DUTIES OF COMMISSION REGARDING STATE LOTTERY AND BINGO REGULATION.

  26. Tex. Occupations Code Sec. 51.202. FEES.

  27. Tex. Occupations Code Sec. 51.203. RULES REGARDING PROGRAMS REGULATED BY DEPARTMENT.

  28. Tex. Occupations Code Sec. 51.2031. RULES REGARDING HEALTH-RELATED PROGRAMS; PROVISION OF INFORMATION.

  29. Tex. Occupations Code Sec. 51.2032. RULES REGARDING PODIATRY; PROVISION OF INFORMATION.

  30. Tex. Occupations Code Sec. 51.204. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.

  31. Tex. Occupations Code Sec. 51.207. USE OF TECHNOLOGY.

  32. Tex. Occupations Code Sec. 51.208. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.

  33. Tex. Occupations Code Sec. 51.209. ADVISORY BOARDS; REMOVAL OF ADVISORY BOARD MEMBER.

  34. Tex. Occupations Code Sec. 51.2094. PROGRAM ADVISORY BOARDS.

  35. Tex. Occupations Code Sec. 51.2095. INTERDISCIPLINARY ADVISORY BOARDS. The executive director or the presiding officer of the commission may appoint interdisciplinary advisory boards consisting of members from various businesses, industries, general trades, or occupations to provide expertise related to a program regulated by the department.

  36. Tex. Occupations Code Sec. 51.210. METHOD OF MAKING PAYMENTS.

  37. Tex. Occupations Code Sec. 51.211. RISK-BASED INSPECTIONS.

  38. Tex. Occupations Code Sec. 51.212. LOTTERY AND BINGO PROGRAM RECORDS.

  39. Tex. Occupations Code Sec. 51.213. LEGAL REPRESENTATION.

  40. Tex. Occupations Code Sec. 51.214. GIFT OR POLITICAL CONTRIBUTION TO OFFICER OR EMPLOYEE.

  41. Tex. Occupations Code Sec. 51.215. GIFT OR POLITICAL CONTRIBUTION TO FORMER OFFICER OR EMPLOYEE.

  42. Tex. Occupations Code Sec. 51.216. REPRESENTATION BY FORMER OFFICER OR EMPLOYEE.

  43. Tex. Occupations Code Sec. 51.217. LOTTERY ADVISORY COMMITTEE.

  44. Tex. Occupations Code Sec. 51.218. ANNUAL REPORT.

  45. Tex. Occupations Code Sec. 51.251. PUBLIC INTEREST INFORMATION.

  46. Tex. Occupations Code Sec. 51.252. COMPLAINTS.

  47. Tex. Occupations Code Sec. 51.2521. COMPLAINT INVESTIGATION.

  48. Tex. Occupations Code Sec. 51.253. PUBLIC PARTICIPATION.

  49. Tex. Occupations Code Sec. 51.254. CONFIDENTIALITY OF COMPLAINT AND DISCIPLINARY INFORMATION.

  50. Tex. Occupations Code Sec. 51.255. STATISTICAL ANALYSIS OF COMPLAINTS.

  51. Tex. Occupations Code Sec. 51.301. IMPOSITION OF PENALTY. The executive director or commission may impose an administrative penalty against a person who violates:

  52. Tex. Occupations Code Sec. 51.302. AMOUNT OF PENALTY.

  53. Tex. Occupations Code Sec. 51.3025. IMPOSITION OF SANCTION. A proceeding under this subchapter imposing an administrative penalty may be combined with a proceeding to impose an administrative sanction. If a sanction is imposed in a proceeding under this subchapter, the requirements of this subchapter apply to the imposition of the sanction.

  54. Tex. Occupations Code Sec. 51.303. NOTICE OF VIOLATION AND PENALTY. If, after investigation of a possible violation and the facts surrounding the possible violation, the department determines that a violation occurred, the department shall issue to the respondent a notice of alleged violation stating:

  55. Tex. Occupations Code Sec. 51.304. PENALTY TO BE PAID OR HEARING REQUESTED.

  56. Tex. Occupations Code Sec. 51.305. HEARING ON RECOMMENDATIONS.

  57. Tex. Occupations Code Sec. 51.306. DECISION BY COMMISSION.

  58. Tex. Occupations Code Sec. 51.307. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.

  59. Tex. Occupations Code Sec. 51.308. COLLECTION OF PENALTY. If the person on whom the administrative penalty is imposed violates Section 51.307(a), the department or the attorney general may bring an action to collect the penalty.

  60. Tex. Occupations Code Sec. 51.309. REMITTANCE OF PENALTY AND INTEREST.

  61. Tex. Occupations Code Sec. 51.310. ADMINISTRATIVE PROCEDURE.

  62. Tex. Occupations Code Sec. 51.351. INSPECTIONS AND INVESTIGATIONS.

  63. Tex. Occupations Code Sec. 51.3511. ISSUANCE OF EMERGENCY ORDERS.

  64. Tex. Occupations Code Sec. 51.3512. SUBPOENAS.

  65. Tex. Occupations Code Sec. 51.3513. CEASE AND DESIST ORDER. The executive director may issue a cease and desist order if the executive director determines that the action is necessary to prevent a violation of:

  66. Tex. Occupations Code Sec. 51.352. INJUNCTIVE RELIEF; CIVIL PENALTY.

  67. Tex. Occupations Code Sec. 51.353. LICENSE DENIAL; ADMINISTRATIVE SANCTIONS.

  68. Tex. Occupations Code Sec. 51.354. RIGHT TO HEARING; ADMINISTRATIVE PROCEDURE.

  69. Tex. Occupations Code Sec. 51.355. LICENSE ELIGIBILITY OF PERSON WHOSE LICENSE HAS BEEN REVOKED.

  70. Tex. Occupations Code Sec. 51.356. DEFERRED ADJUDICATION; LICENSE SUSPENSION, LICENSE REVOCATION, OR DENIAL OR REFUSAL TO RENEW LICENSE.

  71. Tex. Occupations Code Sec. 51.357. RESTRICTED LICENSES FOR CERTAIN OCCUPATIONS.

  72. Tex. Occupations Code Sec. 51.358. RESTRICTED LICENSE TERM.

  73. Tex. Occupations Code Sec. 51.359. REFUND.

  74. Tex. Occupations Code Sec. 51.401. LICENSE EXPIRATION AND RENEWAL.

  75. Tex. Occupations Code Sec. 51.4011. INACTIVE STATUS.

  76. Tex. Occupations Code Sec. 51.4012. LICENSE ELIGIBILITY REQUIREMENTS REGARDING APPLICANT'S BACKGROUND; DETERMINATION LETTER.

  77. Tex. Occupations Code Sec. 51.4013. LICENSE ELIGIBILITY REQUIREMENTS FOR APPLICANTS WITH MILITARY EXPERIENCE.

  78. Tex. Occupations Code Sec. 51.4014. LICENSE APPLICATION FROM INMATE.

  79. Tex. Occupations Code Sec. 51.402. EXAMINATIONS.

  80. Tex. Occupations Code Sec. 51.403. EXAMINATION FEE REFUND.

  81. Tex. Occupations Code Sec. 51.4041. ALTERNATIVE QUALIFICATIONS FOR LICENSE.

  82. Tex. Occupations Code Sec. 51.405. CONTINUING EDUCATION.

  83. Tex. Occupations Code Sec. 51.406. STAGGERED RENEWAL OF LICENSES. The commission by rule may adopt a system under which licenses expire on various dates during the year. For the year in which the license expiration date is changed, the department shall prorate license fees on a monthly basis so that each license holder pays only that portion of the license fee that is allocable to the number of months during which the license is valid. On renewal of the license on the new expiration date, the total license renewal fee is payable.

  84. Tex. Occupations Code Sec. 51.407. TEMPORARY LICENSE.

  85. Tex. Occupations Code Sec. 51.408. EMERGENCY LICENSE.

  86. Tex. Occupations Code Sec. 51.409. FINANCIAL DISCLOSURE STATEMENT.

  87. Tex. Occupations Code Sec. 51.451. DEFINITION. In this subchapter, "licensing entity" means a department, commission, board, office, authority, or other agency or governmental entity of this state that issues an occupational license.

  88. Tex. Occupations Code Sec. 51.452. TELEPHONE INFORMATION SYSTEM. The department shall establish and operate a toll-free telephone information system to provide assistance and referral services for persons who inquire about a program regulated by a licensing entity.

  89. Tex. Occupations Code Sec. 51.501. TELEHEALTH.

  90. Tex. Occupations Code Sec. 51.551. GOALS FOR LICENSING RECIPROCITY AGREEMENTS.

  91. Tex. Occupations Code Sec. 51.552. RULES. The commission shall adopt rules necessary to implement this subchapter. The rules must establish procedures for:

  92. Tex. Occupations Code Sec. 51.553. REPORT. Not later than December 1 of each odd-numbered year, the department shall submit to the governor and the Legislative Budget Board a written report that:

Chapter 52

  1. Tex. Occupations Code Sec. 52.001. TRANSFER OF LICENSE PERMITTED. Except as otherwise provided by law, a person who owns or holds a license to engage in an occupation issued in accordance with the laws of this state may transfer the license in the records of the licensing entity.

  2. Tex. Occupations Code Sec. 52.002. AUTHORITY TO ENGAGE IN OCCUPATION AFTER ACQUIRING LICENSE. A person who purchases or is assigned a license to engage in an occupation may engage in that occupation under the license during the unexpired term of the license after the person has complied with the legal requirements provided for in original applications for those licenses.

  3. Tex. Occupations Code Sec. 52.003. MULTIPLE HOLDERS OF SINGLE LICENSE PROHIBITED. This chapter does not permit two or more persons to engage in the same occupation under one license at the same time.

  4. Tex. Occupations Code Sec. 52.004. SALE OF CERTAIN LICENSES.

Chapter 53

  1. Tex. Occupations Code Sec. 53.001. APPLICABILITY OF CERTAIN DEFINITIONS. The definitions provided by Chapter 2001, Government Code, apply to this chapter.

  2. Tex. Occupations Code Sec. 53.002. APPLICABILITY OF CHAPTER. This chapter does not apply to:

  3. Tex. Occupations Code Sec. 53.003. LEGISLATIVE INTENT; LIBERAL CONSTRUCTION OF SUBCHAPTER.

  4. Tex. Occupations Code Sec. 53.021. AUTHORITY TO REVOKE, SUSPEND, OR DENY LICENSE.

  5. Tex. Occupations Code Sec. 53.0211. LICENSING OF CERTAIN APPLICANTS WITH PRIOR CRIMINAL CONVICTIONS.

  6. Tex. Occupations Code Sec. 53.022. FACTORS IN DETERMINING WHETHER CONVICTION DIRECTLY RELATES TO OCCUPATION. In determining whether a criminal conviction directly relates to the duties and responsibilities of a licensed occupation, the licensing authority shall consider each of the following factors:

  7. Tex. Occupations Code Sec. 53.023. ADDITIONAL FACTORS FOR LICENSING AUTHORITY TO CONSIDER AFTER DETERMINING CONVICTION DIRECTLY RELATES TO OCCUPATION.

  8. Tex. Occupations Code Sec. 53.0231. NOTICE OF PENDING DENIAL OF LICENSE.

  9. Tex. Occupations Code Sec. 53.0232. LIMITATION REGARDING CONSIDERATION OF CERTAIN ARRESTS. For purposes of determining a person's fitness to perform the duties and discharge the responsibilities of the licensed occupation, a licensing authority may not consider an arrest that did not result in the person's conviction or placement on deferred adjudication community supervision.

  10. Tex. Occupations Code Sec. 53.024. PROCEEDINGS GOVERNED BY ADMINISTRATIVE PROCEDURE ACT. A proceeding before a licensing authority to establish factors required to be considered under this subchapter is governed by Chapter 2001, Government Code.

  11. Tex. Occupations Code Sec. 53.025. GUIDELINES.

  12. Tex. Occupations Code Sec. 53.026. APPLICANT BEST PRACTICES GUIDE.

  13. Tex. Occupations Code Sec. 53.051. NOTICE. A licensing authority that suspends or revokes a license or denies a person a license or the opportunity to be examined for a license because of the person's prior conviction of an offense shall notify the person in writing of:

  14. Tex. Occupations Code Sec. 53.052. JUDICIAL REVIEW.

  15. Tex. Occupations Code Sec. 53.101. DEFINITIONS. In this subchapter:

  16. Tex. Occupations Code Sec. 53.102. REQUEST FOR CRIMINAL HISTORY EVALUATION LETTER.

  17. Tex. Occupations Code Sec. 53.103. AUTHORITY TO INVESTIGATE. A licensing authority has the same powers to investigate a request submitted under this subchapter and the requestor's eligibility that the authority has to investigate a person applying for a license.

  18. Tex. Occupations Code Sec. 53.104. DETERMINATION OF ELIGIBILITY; LETTER.

  19. Tex. Occupations Code Sec. 53.105. FEES. A licensing authority may charge a person requesting an evaluation under this subchapter a fee adopted by the authority. Fees adopted by a licensing authority under this subchapter must be in an amount sufficient to cover the cost of administering this subchapter.

  20. Tex. Occupations Code Sec. 53.151. DEFINITIONS. Notwithstanding Section 53.001, in this subchapter, "licensing authority" and "occupational license" have the meanings assigned to those terms by Section 58.001.

  21. Tex. Occupations Code Sec. 53.152. NOTICE BY ENTITIES PROVIDING EDUCATIONAL PROGRAMS.

  22. Tex. Occupations Code Sec. 53.153. REFUND AND ORDERED PAYMENTS. A licensing authority that determines that an entity regulated by the licensing authority has failed to provide the notice required by Section 53.152 to an individual entitled to receive the notice and that the individual's application for an occupational license for which the entity's educational program prepares the individual was denied because the individual has been convicted of an offense shall order the entity to:

Chapter 54

  1. Tex. Occupations Code Sec. 54.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 54.002. EXAMINATION SCHEDULED ON RELIGIOUS HOLY DAY.

  3. Tex. Occupations Code Sec. 54.003. EXAMINATION ACCOMMODATIONS FOR PERSON WITH DYSLEXIA.

Chapter 55

  1. Tex. Occupations Code Sec. 55.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 55.002. EXEMPTION FROM PENALTY FOR FAILURE TO RENEW LICENSE. A state agency that issues a license shall adopt rules to exempt an individual who holds a license issued by the agency from any increased fee or other penalty imposed by the agency for failing to renew the license in a timely manner if the individual establishes to the satisfaction of the agency that the individual failed to renew the license in a timely manner because the individual was serving as a military service member.

  3. Tex. Occupations Code Sec. 55.003. EXTENSION OF LICENSE RENEWAL DEADLINES FOR MILITARY SERVICE MEMBERS. A military service member who holds a license is entitled to two years of additional time to complete:

  4. Tex. Occupations Code Sec. 55.004. ALTERNATIVE LICENSING FOR MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES.

  5. Tex. Occupations Code Sec. 55.0041. RECOGNITION OF OUT-OF-STATE LICENSE OF MILITARY SERVICE MEMBERS AND MILITARY SPOUSES.

  6. Tex. Occupations Code Sec. 55.0042. DETERMINATION OF GOOD STANDING. For purposes of this chapter, a person is in good standing with another state's licensing authority if the person:

  7. Tex. Occupations Code Sec. 55.0043. COMPLAINTS.

  8. Tex. Occupations Code Sec. 55.005. EXPEDITED LICENSE PROCEDURE FOR MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES.

  9. Tex. Occupations Code Sec. 55.006. RENEWAL OF EXPEDITED LICENSE ISSUED TO MILITARY SERVICE MEMBER, MILITARY VETERAN, OR MILITARY SPOUSE.

  10. Tex. Occupations Code Sec. 55.007. LICENSE ELIGIBILITY REQUIREMENTS FOR APPLICANTS WITH MILITARY EXPERIENCE.

  11. Tex. Occupations Code Sec. 55.008. APPRENTICESHIP REQUIREMENTS FOR APPLICANT WITH MILITARY EXPERIENCE.

  12. Tex. Occupations Code Sec. 55.009. LICENSE APPLICATION AND EXAMINATION FEES. Notwithstanding any other law, a state agency that issues a license shall waive the license application and examination fees paid to the state for an applicant who is a military service member, military veteran, or military spouse.

  13. Tex. Occupations Code Sec. 55.010. NOTICE OF CHAPTER PROVISIONS. A state agency that issues a license shall prominently post a notice on the home page of the agency's Internet website describing the provisions of this chapter that are available to military service members, military veterans, and military spouses.

Chapter 56

  1. Tex. Occupations Code Sec. 56.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 56.003. DISCIPLINARY ACTION IN EVENT OF DEFAULT OR BREACH PROHIBITED. A licensing authority may not take disciplinary action against a person based on the person's default on a student loan or breach of a student loan repayment contract or scholarship contract, including by:

Chapter 57

  1. Tex. Occupations Code Sec. 57.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 57.051. REQUIREMENTS FOR GOVERNING BOARD MEMBERSHIP. A person may not be required to be a member of a private trade association as a precondition to serving as a member of the governing board of a state agency that issues a license or otherwise regulates a business, occupation, or profession.

  3. Tex. Occupations Code Sec. 57.101. DEFINITION. In this subchapter, "division" means the division of the governor's office established under this subchapter.

  4. Tex. Occupations Code Sec. 57.102. APPLICABILITY. This subchapter applies only to a state agency with a governing board that is controlled by persons who provide services that are regulated by the agency.

  5. Tex. Occupations Code Sec. 57.103. ESTABLISHMENT OF DIVISION.

  6. Tex. Occupations Code Sec. 57.104. CONFLICT OF INTEREST.

  7. Tex. Occupations Code Sec. 57.105. SUBMISSION OF CERTAIN STATE AGENCY RULES.

  8. Tex. Occupations Code Sec. 57.106. REVIEW BY DIVISION.

  9. Tex. Occupations Code Sec. 57.107. RULEMAKING AUTHORITY. The division may adopt rules to carry out this subchapter.

Chapter 58

  1. Tex. Occupations Code Sec. 58.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 58.051. CERTAIN USES OF GENETIC INFORMATION PROHIBITED. A licensing authority may not deny an application for an occupational license, suspend, revoke, or refuse to renew an occupational license, or take any other disciplinary action against a license holder based on the refusal of the license applicant or license holder to:

  3. Tex. Occupations Code Sec. 58.052. DESTRUCTION OF SAMPLE MATERIAL; EXCEPTIONS. A sample of genetic material obtained from an individual for a genetic test shall be destroyed promptly after the purpose for which the sample was obtained is accomplished unless:

  4. Tex. Occupations Code Sec. 58.101. DISCLOSURE OF TEST RESULTS TO INDIVIDUAL TESTED. An individual who submits to a genetic test has the right to know the results of the test. On written request by the individual, the entity that performed the test shall disclose the test results to:

  5. Tex. Occupations Code Sec. 58.102. CONFIDENTIALITY OF GENETIC INFORMATION.

  6. Tex. Occupations Code Sec. 58.103. EXCEPTIONS TO CONFIDENTIALITY.

  7. Tex. Occupations Code Sec. 58.104. AUTHORIZED DISCLOSURE. An individual or the legal representative of an individual may authorize disclosure of genetic information relating to the individual by a written authorization that includes:

  8. Tex. Occupations Code Sec. 58.105. CIVIL PENALTY.

Chapter 59

  1. Tex. Occupations Code Sec. 59.001. CONFIDENTIALITY OF SOCIAL SECURITY NUMBER. The social security number of an applicant for or holder of a license, certificate of registration, or other legal authorization issued by a licensing agency to practice in a specific occupation or profession that is provided to the licensing agency is confidential and not subject to disclosure under Chapter 552, Government Code.

Chapter 60

  1. Tex. Occupations Code Sec. 60.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 60.002. REQUIREMENTS FOR DIGITAL LICENSES. A licensing authority that issues an occupational license may issue a digital license to a license holder. If the licensing authority issues a digital license, the digital license must comply with the following requirements:

Chapter 101

  1. Tex. Occupations Code Sec. 101.001. HEALTH PROFESSIONS COUNCIL. In this chapter, "council" means the Health Professions Council.

  2. Tex. Occupations Code Sec. 101.002. COMPOSITION OF COUNCIL. The council consists of 13 members, with one member appointed by each of the following:

  3. Tex. Occupations Code Sec. 101.003. OFFICERS. The council shall elect from the council's members a presiding officer and assistant presiding officer to conduct the business of the council.

  4. Tex. Occupations Code Sec. 101.004. COMPENSATION OF MEMBERS. A member of the council is not entitled to receive compensation or a per diem for the member's service on the council.

  5. Tex. Occupations Code Sec. 101.005. COUNCIL STAFF. The council may employ staff or designate staff for the council from the employees of the regulatory agencies listed in Section 101.002 as necessary for the council to carry out the council's duties.

  6. Tex. Occupations Code Sec. 101.006. BUDGET. The council shall adopt an annual budget that is funded by a prorated assessment paid by the regulatory agencies listed in Section 101.002.

  7. Tex. Occupations Code Sec. 101.007. DUTIES OF COUNCIL. The council shall:

  8. Tex. Occupations Code Sec. 101.051. TELEPHONE COMPLAINT SYSTEM. The council shall establish and operate a toll-free telephone complaint system to provide assistance and referral services for persons making a complaint relating to a health profession regulated by the state.

  9. Tex. Occupations Code Sec. 101.0515. APPLICABILITY OF SUBCHAPTER. This subchapter does not apply to the Texas Funeral Service Commission.

  10. Tex. Occupations Code Sec. 101.052. TELEPHONE LISTING. A state agency that regulates a health profession shall list the toll-free telephone number of the complaint system with the agency's regular telephone number.

  11. Tex. Occupations Code Sec. 101.053. CONFIDENTIALITY. A complaint, adverse report, or other information regarding the content of a complaint in the possession of the council or its employee or agent relating to a person initiating a complaint or the license holder who is the subject of the complaint is privileged and confidential and is not subject to discovery, subpoena, or other means of legal compulsion for release to anyone other than:

  12. Tex. Occupations Code Sec. 101.101. TRAINING PROGRAM.

  13. Tex. Occupations Code Sec. 101.102. PROGRAM REQUIREMENTS. The training program must provide information to a participant regarding:

  14. Tex. Occupations Code Sec. 101.151. ANNUAL REPORT.

  15. Tex. Occupations Code Sec. 101.201. FALSE, MISLEADING, OR DECEPTIVE ADVERTISING.

  16. Tex. Occupations Code Sec. 101.203. OVERCHARGING OR OVERTREATING. A health care professional may not violate Section 311.0025, Health and Safety Code.

  17. Tex. Occupations Code Sec. 101.204. REMEDIES.

  18. Tex. Occupations Code Sec. 101.251. CIVIL PENALTY.

  19. Tex. Occupations Code Sec. 101.252. INJUNCTION.

  20. Tex. Occupations Code Sec. 101.253. REMEDIES NOT EXCLUSIVE. The remedies provided by this chapter are in addition to any other remedy provided by law, including rules.

  21. Tex. Occupations Code Sec. 101.301. GENERAL PROVISIONS.

  22. Tex. Occupations Code Sec. 101.302. EXECUTIVE COMMITTEE; DIRECTOR.

  23. Tex. Occupations Code Sec. 101.303. ADMINISTRATIVE ATTACHMENT TO COUNCIL; REIMBURSEMENT. The office is located in the council but may not interfere with the other duties of the council. The office shall reimburse the council from fees received by the office under Section 101.307 for administrative costs incurred by the council in providing administrative support for the office.

  24. Tex. Occupations Code Sec. 101.304. PUBLIC INFORMATION PROVIDED BY OFFICE; STANDARD COMPLAINT FORM.

  25. Tex. Occupations Code Sec. 101.305. POWERS AND DUTIES OF OFFICE.

  26. Tex. Occupations Code Sec. 101.306. MONITORING OF AGENCIES.

  27. Tex. Occupations Code Sec. 101.307. FUNDING OF OFFICE.

  28. Tex. Occupations Code Sec. 101.351. FAILURE TO PROVIDE BILLING INFORMATION. On the written request of a patient, a health care professional shall provide, in plain language, a written explanation of the charges for professional services previously made on a bill or statement for the patient. This section does not apply to a physician subject to Section 101.352.

  29. Tex. Occupations Code Sec. 101.352. BILLING POLICIES AND INFORMATION; PHYSICIANS.

Chapter 102

  1. Tex. Occupations Code Sec. 102.001. SOLICITING PATIENTS; OFFENSE.

  2. Tex. Occupations Code Sec. 102.002. REBUTTABLE PRESUMPTION. It is a rebuttable presumption that a person violated Section 102.001 if:

  3. Tex. Occupations Code Sec. 102.003. FEDERAL LAW; CONSTRUCTION. Section 102.001 permits any payment, business arrangement, or payment practice permitted by 42 U.S.C. Section 1320a-7b(b) or any regulation adopted under that law.

  4. Tex. Occupations Code Sec. 102.004. APPLICABILITY TO ADVERTISING. Section 102.001 does not prohibit advertising, unless the advertising is:

  5. Tex. Occupations Code Sec. 102.005. APPLICABILITY TO CERTAIN ENTITIES. Section 102.001 does not apply to:

  6. Tex. Occupations Code Sec. 102.006. FAILURE TO DISCLOSE; OFFENSE.

  7. Tex. Occupations Code Sec. 102.007. APPLICABILITY.

  8. Tex. Occupations Code Sec. 102.008. DISCIPLINARY ACTION. A violation of Section 102.001 or 102.006 is grounds for disciplinary action by the regulatory agency that issued a license, certification, or registration to the person who committed the violation.

  9. Tex. Occupations Code Sec. 102.009. INJUNCTION.

  10. Tex. Occupations Code Sec. 102.010. CIVIL PENALTIES.

  11. Tex. Occupations Code Sec. 102.011. SUIT FOR INJUNCTIVE RELIEF OR ASSESSMENT OF CIVIL PENALTY.

  12. Tex. Occupations Code Sec. 102.051. SOLICITING PATIENTS; OFFENSE.

  13. Tex. Occupations Code Sec. 102.052. APPLICABILITY TO PHYSICIANS. This subchapter does not apply to a practitioner of medicine subject to regulation under Subtitle B.

  14. Tex. Occupations Code Sec. 102.053. EXCEPTION FOR CERTAIN ADVERTISING. Section 102.051 does not prohibit:

  15. Tex. Occupations Code Sec. 102.054. ACCESSIBILITY AND USE OF WITNESS TESTIMONY.

Chapter 103

  1. Tex. Occupations Code Sec. 103.001. RIGHT TO OBJECT. A physician, nurse, staff member, or employee of a hospital or other health care facility who objects to directly or indirectly performing or participating in an abortion procedure may not be required to directly or indirectly perform or participate in the procedure.

  2. Tex. Occupations Code Sec. 103.002. DISCRIMINATION PROHIBITED.

  3. Tex. Occupations Code Sec. 103.003. REMEDIES. A person whose rights under this chapter are violated may sue a hospital, health care facility, or educational institution in district court in the county where the hospital, facility, or institution is located for:

  4. Tex. Occupations Code Sec. 103.004. DUTY OF CERTAIN PRIVATE ENTITIES TO MAKE FACILITIES AVAILABLE. A private hospital or private health care facility is not required to make its facilities available for the performance of an abortion unless a physician determines that the life of the mother is immediately endangered.

Chapter 104

  1. Tex. Occupations Code Sec. 104.001. SHORT TITLE. This chapter may be cited as the Healing Art Identification Act.

  2. Tex. Occupations Code Sec. 104.002. HEALING ART. The healing art includes any system, treatment, operation, diagnosis, prescription, or practice to ascertain, cure, relieve, adjust, or correct a human disease, injury, or unhealthy or abnormal physical or mental condition.

  3. Tex. Occupations Code Sec. 104.003. REQUIRED IDENTIFICATION.

  4. Tex. Occupations Code Sec. 104.004. OTHER PERSONS USING TITLE "DOCTOR". In using the title "doctor" as a trade or professional asset or on any manner of professional identification, including a sign, pamphlet, stationery, or letterhead, or as a part of a signature, a person other than a person described by Section 104.003 shall designate the authority under which the title is used or the college or honorary degree that gives rise to the use of the title.

  5. Tex. Occupations Code Sec. 104.005. ENFORCEMENT.

  6. Tex. Occupations Code Sec. 104.006. APPLICABILITY TO ESTABLISHED CHURCH. This chapter does not affect the use of the principles or teachings of an established church in ministering, without the use of any drug or material remedy, to the sick or suffering by prayer if:

  7. Tex. Occupations Code Sec. 104.007. PENALTIES.

Chapter 105

  1. Tex. Occupations Code Sec. 105.001. DEFINITION. In this chapter, "health care provider" means a person who furnishes services under a license, certificate, registration, or other authority issued by this state or another state to diagnose, prevent, alleviate, or cure a human illness or injury.

  2. Tex. Occupations Code Sec. 105.002. UNPROFESSIONAL CONDUCT.

Chapter 106

  1. Tex. Occupations Code Sec. 106.001. EFFECT OF INTERNET ACTIVITY.

Chapter 107

  1. Tex. Occupations Code Sec. 107.001. SHORT TITLE. This chapter may be cited as the Intractable Pain Treatment Act.

  2. Tex. Occupations Code Sec. 107.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 107.003. NONAPPLICABILITY OF CHAPTER TO CERTAIN CHEMICALLY DEPENDENT PERSONS. Except as provided by Subchapter C, this chapter does not apply to a person being treated by a physician for chemical dependency because of the person's use of a dangerous drug or controlled substance.

  4. Tex. Occupations Code Sec. 107.051. AUTHORITY TO PRESCRIBE OR ADMINISTER DANGEROUS DRUG OR CONTROLLED SUBSTANCE. Notwithstanding any other law, a physician may prescribe or administer a dangerous drug or controlled substance to a person in the course of the physician's treatment of the person for intractable pain.

  5. Tex. Occupations Code Sec. 107.052. LIMITATIONS ON PRESCRIPTION OR ADMINISTRATION OF DANGEROUS DRUG OR CONTROLLED SUBSTANCE. This chapter does not authorize a physician to prescribe or administer to a person a dangerous drug or controlled substance:

  6. Tex. Occupations Code Sec. 107.053. LIMITATION ON AUTHORITY OF HOSPITAL OR OTHER HEALTH CARE FACILITY REGARDING USE OF DANGEROUS DRUG OR CONTROLLED SUBSTANCE. A hospital or other health care facility may not prohibit or restrict the use of a dangerous drug or controlled substance prescribed or administered by a physician who holds staff privileges at the hospital or facility for a person diagnosed and treated by a physician for intractable pain.

  7. Tex. Occupations Code Sec. 107.101. PATIENT. In this subchapter, "patient" includes a person who:

  8. Tex. Occupations Code Sec. 107.102. AUTHORITY TO TREAT. This chapter authorizes a physician to treat a patient with an acute or chronic painful medical condition with a dangerous drug or controlled substance to relieve the patient's pain using appropriate doses, for an appropriate length of time, and for as long as the pain persists.

  9. Tex. Occupations Code Sec. 107.103. DUTY TO MONITOR PATIENT. A physician who treats a patient under this subchapter shall monitor the patient to ensure that a prescribed dangerous drug or controlled substance is used only for the treatment of the patient's painful medical condition.

  10. Tex. Occupations Code Sec. 107.104. DOCUMENTATION AND CONSULTATION REQUIRED. To ensure that a prescribed dangerous drug or controlled substance is not diverted to another use and to ensure the appropriateness of the treatment of the patient's targeted symptoms, the physician shall:

  11. Tex. Occupations Code Sec. 107.151. DISCIPLINARY ACTION PROHIBITED. A physician is not subject to disciplinary action by the board for prescribing or administering a dangerous drug or controlled substance in the course of treatment of a person for intractable pain.

  12. Tex. Occupations Code Sec. 107.152. AUTHORITY OF BOARD TO REVOKE OR SUSPEND LICENSE.

Chapter 108

  1. Tex. Occupations Code Sec. 108.001. DEFINITION. In this subchapter, "board" means the Texas Medical Board.

  2. Tex. Occupations Code Sec. 108.002. LICENSE SUSPENSION ON CONVICTION; REVOCATION.

  3. Tex. Occupations Code Sec. 108.003. LICENSE REINSTATEMENT OR REISSUANCE.

  4. Tex. Occupations Code Sec. 108.051. DEFINITIONS. In this subchapter:

  5. Tex. Occupations Code Sec. 108.052. DENIAL OF LICENSE. A licensing authority shall deny an application for a license as a health care professional for an applicant who:

  6. Tex. Occupations Code Sec. 108.053. REVOCATION OF LICENSE.

  7. Tex. Occupations Code Sec. 108.054. REAPPLICATION. A person whose license application is denied under this subchapter:

  8. Tex. Occupations Code Sec. 108.055. REINSTATEMENT. A person whose license is revoked under this subchapter:

Chapter 109

  1. Tex. Occupations Code Sec. 109.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 109.002. PURPOSE OF RELEASING INFORMATION. A person who is required by this chapter to release or obtain information may do so only for the administration of criminal justice.

  3. Tex. Occupations Code Sec. 109.003. IMMUNITY FROM DAMAGES. A person who releases or obtains information as authorized by this chapter is not liable for damages arising from the release of the information.

  4. Tex. Occupations Code Sec. 109.051. RELEASE BY PERSONS PROVIDING MENTAL HEALTH OR MEDICAL SERVICES.

  5. Tex. Occupations Code Sec. 109.052. RELEASE BY CRIMINAL JUSTICE AGENCY. A criminal justice agency, on request or in the normal course of official business, shall release information concerning the treatment of a sex offender to:

  6. Tex. Occupations Code Sec. 109.053. RELEASE BY LOCAL LAW ENFORCEMENT AUTHORITY. A local law enforcement authority, on request or in the normal course of official business, shall release information concerning the treatment of a sex offender to:

  7. Tex. Occupations Code Sec. 109.054. TREATMENT INFORMATION. In this subchapter, information concerning the treatment of a sex offender includes:

Chapter 110

  1. Tex. Occupations Code Sec. 110.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 110.002. APPLICATION OF CHAPTER.

  3. Tex. Occupations Code Sec. 110.051. COUNCIL; MEMBERSHIP.

  4. Tex. Occupations Code Sec. 110.052. PUBLIC MEMBERSHIP ELIGIBILITY. A person is not eligible for appointment as a public member if:

  5. Tex. Occupations Code Sec. 110.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.

  6. Tex. Occupations Code Sec. 110.054. TERMS. Members of the council serve staggered six-year terms. The terms of two or three members expire on February 1 of each odd-numbered year.

  7. Tex. Occupations Code Sec. 110.055. PRESIDING OFFICER. The governor shall designate a member of the council as the presiding officer of the council to serve in that capacity at the pleasure of the governor.

  8. Tex. Occupations Code Sec. 110.056. GROUNDS FOR REMOVAL.

  9. Tex. Occupations Code Sec. 110.057. MEETINGS.

  10. Tex. Occupations Code Sec. 110.058. COMPENSATION; REIMBURSEMENT.

  11. Tex. Occupations Code Sec. 110.059. TRAINING.

  12. Tex. Occupations Code Sec. 110.101. EXECUTIVE DIRECTOR. The commissioner of state health services shall employ an executive director, chosen with the advice and consent of the council, who is the executive head of the council and performs its administrative duties.

  13. Tex. Occupations Code Sec. 110.102. STAFF. The executive director shall employ staff necessary to administer the council's duties.

  14. Tex. Occupations Code Sec. 110.103. DIVISION OF RESPONSIBILITIES. The council shall develop and implement policies that clearly separate the policymaking responsibilities of the council and the management responsibilities of the executive director and the staff of the council.

  15. Tex. Occupations Code Sec. 110.104. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The executive director or the executive director's designee shall provide, as often as necessary, to council members and employees information regarding their:

  16. Tex. Occupations Code Sec. 110.151. TREATMENT FOR SEX OFFENDERS. The council shall:

  17. Tex. Occupations Code Sec. 110.152. LIST AND LICENSE REQUIREMENTS. The council shall:

  18. Tex. Occupations Code Sec. 110.153. COLLECTION AND DISSEMINATION OF INFORMATION. The council shall collect and disseminate information about available sex offender treatment programs to:

  19. Tex. Occupations Code Sec. 110.154. DISTRIBUTION OF MONEY. The council shall distribute money appropriated to the council by the legislature for that purpose to political subdivisions, private organizations, or other persons to be used for the development, operation, or evaluation of sex offender treatment programs.

  20. Tex. Occupations Code Sec. 110.155. AGENCY ASSISTANCE. The council shall advise and assist agencies in coordinating procedures to provide treatment services. The treatment services may include community-based programs.

  21. Tex. Occupations Code Sec. 110.156. ADJUDICATION INFORMATION.

  22. Tex. Occupations Code Sec. 110.157. CONTINUING EDUCATION PROGRAMS. The council shall design and conduct continuing education programs for sex offender treatment providers.

  23. Tex. Occupations Code Sec. 110.158. RULEMAKING.

  24. Tex. Occupations Code Sec. 110.159. FEES.

  25. Tex. Occupations Code Sec. 110.160. BIENNIAL REPORT.

  26. Tex. Occupations Code Sec. 110.161. PUBLICATION OF LIST.

  27. Tex. Occupations Code Sec. 110.162. CONFIDENTIALITY REQUIRED. The council and the staff and consultants employed by the council shall keep confidential any record relating to the identity, examination, diagnosis, prognosis, or treatment of a sex offender.

  28. Tex. Occupations Code Sec. 110.163. GRANTS AND DONATIONS. The council may apply for and accept on behalf of the state a grant or donation from any source to be used by the council to perform its duties.

  29. Tex. Occupations Code Sec. 110.164. DYNAMIC RISK ASSESSMENT TOOL.

  30. Tex. Occupations Code Sec. 110.201. INTERAGENCY ADVISORY COMMITTEE. The interagency advisory committee shall advise the council on administering the council's duties under this chapter.

  31. Tex. Occupations Code Sec. 110.202. ADVISORY COMMITTEE MEMBERSHIP.

  32. Tex. Occupations Code Sec. 110.203. MEETINGS. The interagency advisory committee shall meet at the call of its presiding officer or at the request of the council.

  33. Tex. Occupations Code Sec. 110.204. AGENCY COOPERATION. Each state agency or division of an agency represented on the interagency advisory committee shall cooperate with the council at the request of the council.

  34. Tex. Occupations Code Sec. 110.251. PUBLIC INTEREST INFORMATION.

  35. Tex. Occupations Code Sec. 110.252. PUBLIC PARTICIPATION.

  36. Tex. Occupations Code Sec. 110.253. COMPLAINTS. The council by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the council for the purpose of directing complaints to the council. The council may provide for that notice:

  37. Tex. Occupations Code Sec. 110.254. RECORD OF COMPLAINTS.

  38. Tex. Occupations Code Sec. 110.255. COMPLAINT INVESTIGATION; SUBPOENAS.

  39. Tex. Occupations Code Sec. 110.256. CONFIDENTIALITY.

  40. Tex. Occupations Code Sec. 110.301. LICENSE REQUIRED.

  41. Tex. Occupations Code Sec. 110.302. LICENSE REQUIREMENTS.

  42. Tex. Occupations Code Sec. 110.303. LICENSE OF OUT-OF-STATE APPLICANTS. The council may waive any prerequisite to a license for an applicant after reviewing the applicant's credentials and determining that the applicant holds a valid license from another state that has license requirements substantially equivalent to those of this state.

  43. Tex. Occupations Code Sec. 110.304. CONVICTION OR DEFERRED ADJUDICATION INFORMATION. The council may receive from a law enforcement agency information about the conviction or deferred adjudication of a person who has applied for a license or renewal of a license.

  44. Tex. Occupations Code Sec. 110.3045. LICENSE TERM. A license issued under this chapter is valid for two years.

  45. Tex. Occupations Code Sec. 110.305. LICENSE EXPIRATION.

  46. Tex. Occupations Code Sec. 110.306. LICENSE RENEWAL REQUIRED. A person whose license has expired may not engage in activities that require a license until the license is renewed.

  47. Tex. Occupations Code Sec. 110.307. PROCEDURE FOR RENEWAL.

  48. Tex. Occupations Code Sec. 110.308. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER. A person whose license has been expired for one year or longer may renew the license without complying with the requirements of Section 110.307(d) by paying to the council a fee equal to two times the required renewal fee if the person:

  49. Tex. Occupations Code Sec. 110.309. DENIAL OF LICENSE. The council may deny an application for a license if:

  50. Tex. Occupations Code Sec. 110.351. DISCIPLINARY POWERS OF COUNCIL. The council shall revoke, suspend, or refuse to renew a license, place on probation a person whose license has been suspended, or reprimand a person who is licensed under this chapter if the person violates this chapter or a rule of the council.

  51. Tex. Occupations Code Sec. 110.352. PROBATION. If the suspension of a person's license is probated, the council may require the person to:

  52. Tex. Occupations Code Sec. 110.353. DISCIPLINARY HEARING.

  53. Tex. Occupations Code Sec. 110.354. EMERGENCY SUSPENSION.

  54. Tex. Occupations Code Sec. 110.401. OFFENSE.

  55. Tex. Occupations Code Sec. 110.402. OFFENSE: RELEASE OF ADJUDICATION INFORMATION.

  56. Tex. Occupations Code Sec. 110.451. IMPOSITION OF ADMINISTRATIVE PENALTY. The council may impose an administrative penalty on a person licensed under this chapter who violates this chapter or a rule or order adopted under this chapter.

  57. Tex. Occupations Code Sec. 110.452. AMOUNT OF ADMINISTRATIVE PENALTY.

  58. Tex. Occupations Code Sec. 110.453. REPORT AND NOTICE OF VIOLATION AND PENALTY.

  59. Tex. Occupations Code Sec. 110.454. PENALTY TO BE PAID OR HEARING REQUESTED.

  60. Tex. Occupations Code Sec. 110.455. HEARING.

  61. Tex. Occupations Code Sec. 110.456. DECISION BY COUNCIL.

  62. Tex. Occupations Code Sec. 110.457. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.

  63. Tex. Occupations Code Sec. 110.458. COLLECTION OF PENALTY.

  64. Tex. Occupations Code Sec. 110.459. DETERMINATION BY COURT.

  65. Tex. Occupations Code Sec. 110.460. REMITTANCE OF PENALTY AND INTEREST.

  66. Tex. Occupations Code Sec. 110.461. ADMINISTRATIVE PROCEDURE. A proceeding under this subchapter is a contested case under Chapter 2001, Government Code.

Chapter 111

  1. Tex. Occupations Code Sec. 111.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 111.002. INFORMED CONSENT.

  3. Tex. Occupations Code Sec. 111.003. CONFIDENTIALITY. A treating physician, dentist, or health professional who provides or facilitates the use of telemedicine medical services, teledentistry dental services, or telehealth services shall ensure that the confidentiality of the patient's clinical information is maintained as required by Chapter 159, by Subchapter C, Chapter 258, or by other applicable law.

  4. Tex. Occupations Code Sec. 111.004. RULES.

  5. Tex. Occupations Code Sec. 111.005. PRACTITIONER-PATIENT RELATIONSHIP FOR TELEMEDICINE MEDICAL SERVICES OR TELEDENTISTRY DENTAL SERVICES.

  6. Tex. Occupations Code Sec. 111.006. COORDINATION TO ADOPT RULES THAT DETERMINE VALID PRESCRIPTION.

  7. Tex. Occupations Code Sec. 111.007. STANDARD OF CARE FOR TELEMEDICINE MEDICAL SERVICES, TELEDENTISTRY DENTAL SERVICES, AND TELEHEALTH SERVICES.

  8. Tex. Occupations Code Sec. 111.0075. LICENSING FOR TELEDENTISTRY DENTAL SERVICES. A health professional providing a health care service or procedure as a teledentistry dental service is subject to the licensing requirements that would apply to the provision of the same health care service or procedure in an in-person setting.

  9. Tex. Occupations Code Sec. 111.008. MENTAL HEALTH SERVICES EXCLUDED. This chapter does not apply to mental health services.

  10. Tex. Occupations Code Sec. 111.009. LIMITATION ON CERTAIN PRESCRIPTIONS.

Chapter 112

  1. Tex. Occupations Code Sec. 112.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 112.0501. APPLICABILITY. This subchapter applies only to licensing entities and health care practitioners under Chapters 401, 453, and 454 and Subtitles B, C, D, E, F, and K.

  3. Tex. Occupations Code Sec. 112.051. REDUCED LICENSE REQUIREMENTS FOR RETIRED HEALTH CARE PRACTITIONERS PERFORMING CHARITY WORK.

  4. Tex. Occupations Code Sec. 112.101. DEFINITIONS. In this subchapter:

  5. Tex. Occupations Code Sec. 112.102. APPLICABILITY.

  6. Tex. Occupations Code Sec. 112.103. CONTINUING EDUCATION COMPLIANCE REQUIRED FOR LICENSE RENEWAL.

  7. Tex. Occupations Code Sec. 112.104. CONTINUING EDUCATION TRACKING SYSTEM.

  8. Tex. Occupations Code Sec. 112.105. DATA AND SYSTEMS REQUIREMENTS.

  9. Tex. Occupations Code Sec. 112.106. RULEMAKING. A licensing entity shall adopt rules necessary to implement this subchapter.

Chapter 113

  1. Tex. Occupations Code Sec. 113.001. DEFINITIONS. The definitions provided by Section 111.001 apply to this chapter.

  2. Tex. Occupations Code Sec. 113.002. PATIENT LOCATED OUTSIDE OF STATE. Notwithstanding any other law, a health professional may provide a mental health service that is within the scope of the professional's license, certification, or authorization through the use of a telemedicine medical service or a telehealth service to a patient who is located outside of this state, subject to any applicable regulation of the jurisdiction in which the patient is located.

Chapter 114

  1. Tex. Occupations Code Sec. 114.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 114.002. ANNUAL REPORT TO LEGISLATURE.

Chapter 115

  1. Tex. Occupations Code Sec. 115.001. SHORT TITLE. This chapter may be cited as the Uniform Emergency Volunteer Health Practitioners Act.

  2. Tex. Occupations Code Sec. 115.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 115.003. APPLICABILITY TO VOLUNTEER HEALTH PRACTITIONERS. This chapter applies to volunteer health practitioners who are registered with the system administered by the department under Section 115.005 and who provide health or veterinary services in this state for a host entity while an emergency declaration is in effect.

  4. Tex. Occupations Code Sec. 115.004. REGULATION OF SERVICES DURING EMERGENCY.

  5. Tex. Occupations Code Sec. 115.005. VOLUNTEER HEALTH PRACTITIONER REGISTRATION SYSTEM.

  6. Tex. Occupations Code Sec. 115.006. RECOGNITION OF VOLUNTEER HEALTH PRACTITIONERS LICENSED IN OTHER STATES.

  7. Tex. Occupations Code Sec. 115.007. NO EFFECT ON CREDENTIALING AND PRIVILEGING.

  8. Tex. Occupations Code Sec. 115.008. PROVISION OF VOLUNTEER HEALTH OR VETERINARY SERVICES; ADMINISTRATIVE SANCTIONS.

  9. Tex. Occupations Code Sec. 115.009. RELATION TO OTHER LAWS.

  10. Tex. Occupations Code Sec. 115.010. REGULATORY AUTHORITY. The division may adopt rules to implement this chapter. In adopting rules, the division shall consult with and consider the recommendations of the entity established to coordinate the implementation of the Emergency Management Assistance Compact and shall consult with and consider rules adopted by similarly empowered agencies in other states to promote uniformity in the application of this chapter and to make the emergency response systems in the various states reasonably compatible.

  11. Tex. Occupations Code Sec. 115.011. LIMITATIONS ON CIVIL LIABILITY FOR VOLUNTEER HEALTH PRACTITIONERS.

Chapter 116

  1. Tex. Occupations Code Sec. 116.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 116.002. REQUIRED TRAINING COURSE ON HUMAN TRAFFICKING PREVENTION FOR CERTAIN HEALTH CARE PROVIDERS.

  3. Tex. Occupations Code Sec. 116.003. TRAINING REQUIRED FOR LICENSE RENEWAL. A health care practitioner, other than a physician or nurse, shall successfully complete a training course described by Section 116.002 as a condition for renewal of a license issued to the health care practitioner under this title.

Chapter 117

  1. Tex. Occupations Code Sec. 117.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 117.002. APPLICABILITY OF CHAPTER. This chapter does not apply to workers' compensation insurance coverage as defined by Section 401.011, Labor Code.

  3. Tex. Occupations Code Sec. 117.003. DIRECT PATIENT CARE NOT INSURANCE.

  4. Tex. Occupations Code Sec. 117.004. BILLING INSURER OR HEALTH MAINTENANCE ORGANIZATION PROHIBITED. A physician or health care practitioner may not bill an insurer or health maintenance organization for direct patient care that is paid under a direct patient care agreement.

  5. Tex. Occupations Code Sec. 117.005. INTERFERENCE PROHIBITED.

  6. Tex. Occupations Code Sec. 117.006. REQUIRED DISCLOSURE. A physician or health care practitioner providing direct patient care shall provide written or electronic notice to the patient that a direct patient care agreement for direct patient care is not insurance, prior to entering into the agreement.

Chapter 151

  1. Tex. Occupations Code Sec. 151.001. SHORT TITLE. This subtitle may be cited as the Medical Practice Act.

  2. Tex. Occupations Code Sec. 151.002. DEFINITIONS.

  3. Tex. Occupations Code Sec. 151.003. LEGISLATIVE FINDINGS. The legislature finds that:

  4. Tex. Occupations Code Sec. 151.004. APPLICATION OF SUNSET ACT. The Texas Medical Board is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this subtitle and Chapters 204, 205, 206, 601, 602, 603, and 604 expire September 1, 2033.

  5. Tex. Occupations Code Sec. 151.005. GOVERNMENTAL DISCRIMINATION PROHIBITED.

  6. Tex. Occupations Code Sec. 151.051. DISCRIMINATION BASED ON TYPE OF ACADEMIC MEDICAL DEGREE OR CERTAIN RELIGIOUS TENETS PROHIBITED.

  7. Tex. Occupations Code Sec. 151.0515. DISCRIMINATION BASED ON MAINTENANCE OF CERTIFICATION.

  8. Tex. Occupations Code Sec. 151.052. EXEMPTIONS.

  9. Tex. Occupations Code Sec. 151.0521. EXEMPTION FOR SPORTS TEAM PHYSICIAN. A person is exempt from the licensing requirements of this subtitle and may engage in the practice of medicine in this state if the person:

  10. Tex. Occupations Code Sec. 151.053. APPLICATION TO CERTAIN PERSONS PROVIDING NUTRITIONAL ADVICE.

  11. Tex. Occupations Code Sec. 151.054. APPLICATION TO SELF-CARE.

  12. Tex. Occupations Code Sec. 151.055. APPLICATION TO CERTAIN INDEPENDENT CONTRACTOR AGREEMENTS. This subtitle does not prohibit a hospital from entering into an independent contractor agreement with a physician to provide services at the hospital or at another health care facility owned or operated by the hospital and:

  13. Tex. Occupations Code Sec. 151.056. APPLICATION TO TELEMEDICINE.

Chapter 152

  1. Tex. Occupations Code Sec. 152.001. TEXAS MEDICAL BOARD.

  2. Tex. Occupations Code Sec. 152.002. BOARD MEMBERSHIP.

  3. Tex. Occupations Code Sec. 152.003. ADDITIONAL MEMBERSHIP REQUIREMENTS.

  4. Tex. Occupations Code Sec. 152.004. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.

  5. Tex. Occupations Code Sec. 152.0041. RESTRICTION ON USE OF INFORMATION. A board member who is a physician or a physician acting as an agent of the board, including a member of an expert physician panel appointed under Section 154.056(e), may not use information to which the person has access solely by virtue of the person's position as a member or agent of the board for the benefit of the person's practice or for the benefit of another physician or person affiliated with the physician.

  6. Tex. Occupations Code Sec. 152.005. TERMS; VACANCY.

  7. Tex. Occupations Code Sec. 152.006. GROUNDS FOR REMOVAL.

  8. Tex. Occupations Code Sec. 152.007. PER DIEM.

  9. Tex. Occupations Code Sec. 152.008. OFFICERS. Not later than December after each regular session of the legislature, the governor shall appoint from the members of the board a president, to serve in that capacity at the pleasure of the governor, and the board shall elect from its members a vice president, secretary-treasurer, and other officers as are required, in the board's opinion, to carry out the board's duties.

  10. Tex. Occupations Code Sec. 152.009. MEETINGS; QUORUM REQUIREMENTS.

  11. Tex. Occupations Code Sec. 152.010. TRAINING; GUIDELINES.

  12. Tex. Occupations Code Sec. 152.051. EXECUTIVE DIRECTOR.

  13. Tex. Occupations Code Sec. 152.052. EXECUTIVE DIRECTOR POWERS AND DUTIES. The executive director shall administer and enforce this subtitle under the supervision and at the direction of the board.

  14. Tex. Occupations Code Sec. 152.054. CHIEF OPERATING OFFICER; MEDICAL DIRECTOR.

  15. Tex. Occupations Code Sec. 152.055. PERSONNEL.

  16. Tex. Occupations Code Sec. 152.056. DIVISION OF RESPONSIBILITIES. The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and the staff of the board.

  17. Tex. Occupations Code Sec. 152.057. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The board shall provide, as often as necessary, to its members and employees information regarding their:

  18. Tex. Occupations Code Sec. 152.058. CAREER LADDER; ANNUAL PERFORMANCE EVALUATIONS.

  19. Tex. Occupations Code Sec. 152.059. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT.

Chapter 153

  1. Tex. Occupations Code Sec. 153.001. ADOPTION OF RULES. The board may adopt rules and bylaws as necessary to:

  2. Tex. Occupations Code Sec. 153.0015. GUIDELINES FOR INPUT IN RULEMAKING.

  3. Tex. Occupations Code Sec. 153.002. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.

  4. Tex. Occupations Code Sec. 153.003. RULES REGARDING MAINTENANCE OF PATIENT RECORDS.

  5. Tex. Occupations Code Sec. 153.004. RULES REGARDING TELEMEDICINE MEDICAL SERVICES.

  6. Tex. Occupations Code Sec. 153.0045. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION. The board shall adopt rules and guidelines as necessary to comply with Chapter 53, except to the extent the requirements of this subtitle are stricter than the requirements of that chapter.

  7. Tex. Occupations Code Sec. 153.005. EXECUTIVE COMMITTEE; APPOINTMENT OF OTHER COMMITTEES.

  8. Tex. Occupations Code Sec. 153.006. CRIMINAL RECORD REPORT.

  9. Tex. Occupations Code Sec. 153.007. AUTHORITY TO ISSUE SUBPOENA OR ADMINISTER OATH; SUBPOENA ENFORCEMENT.

  10. Tex. Occupations Code Sec. 153.008. BOARD RECORDS.

  11. Tex. Occupations Code Sec. 153.010. ADOPTION OF FEE SCHEDULE BY BOARD PROHIBITED. The board may not establish a fee schedule for medical services.

  12. Tex. Occupations Code Sec. 153.011. WAIVER OF FEE OR PENALTY BY BOARD PROHIBITED. The board may not waive collection of a fee or penalty assessed under this subtitle.

  13. Tex. Occupations Code Sec. 153.012. BOARD DUTIES REGARDING COMPLAINTS.

  14. Tex. Occupations Code Sec. 153.013. REPRESENTATION BY ATTORNEY GENERAL. The board shall be represented in court proceedings by the attorney general.

  15. Tex. Occupations Code Sec. 153.014. INFORMATION PROVIDED TO LICENSE HOLDERS. At least once each biennium, the board shall provide to license holders information on:

  16. Tex. Occupations Code Sec. 153.015. POISON CONTROL CENTER INFORMATION. The board shall provide to license holders information regarding the services provided by poison control centers.

  17. Tex. Occupations Code Sec. 153.016. EXPERT TESTIMONY. A member of the board may not serve as an expert witness in a suit involving a health care liability claim against a physician for injury to or death of a patient.

  18. Tex. Occupations Code Sec. 153.017. CONTINUOUS QUERIES OF NATIONAL PRACTITIONER DATA BANK FOR ALL OCCUPATIONS REGULATED BY BOARD.

  19. Tex. Occupations Code Sec. 153.051. FEES; BUDGET.

  20. Tex. Occupations Code Sec. 153.052. DEPOSIT AND EXPENDITURE OF RECEIPTS.

  21. Tex. Occupations Code Sec. 153.0535. SURCHARGE FOR REGISTRATION PERMIT.

  22. Tex. Occupations Code Sec. 153.054. CHARGES FOR CERTAIN RECORDS AND OTHER MATERIAL. The board may set and collect a fee for:

  23. Tex. Occupations Code Sec. 153.055. SURCHARGE FOR CERTAIN SEARCHES RELATED TO LICENSE STATUS.

  24. Tex. Occupations Code Sec. 153.056. REPORT ON PENDING COMPLAINTS. The board shall include with its annual financial report information regarding any investigations that remain pending after one year, including the reasons the investigations remain pending. Information in the report under this section may not identify a patient for any purpose unless proper consent to the release is given by the patient.

  25. Tex. Occupations Code Sec. 153.057. USE OF TECHNOLOGY. The board shall implement a policy requiring the board to use appropriate technological solutions to improve the board's ability to perform its functions. The policy must ensure that the public is able to interact with the board on the Internet.

  26. Tex. Occupations Code Sec. 153.058. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY.

Chapter 154

  1. Tex. Occupations Code Sec. 154.001. PUBLIC INTEREST INFORMATION.

  2. Tex. Occupations Code Sec. 154.002. INFORMATION FOR PUBLIC DISSEMINATION.

  3. Tex. Occupations Code Sec. 154.003. INFORMATION FOR PHYSICIANS.

  4. Tex. Occupations Code Sec. 154.004. DISCLOSURE OF DISCIPLINARY ORDERS.

  5. Tex. Occupations Code Sec. 154.005. PUBLIC PARTICIPATION.

  6. Tex. Occupations Code Sec. 154.006. PHYSICIAN PROFILES.

  7. Tex. Occupations Code Sec. 154.051. COMPLAINT INITIATION.

  8. Tex. Occupations Code Sec. 154.052. RECORDS OF COMPLAINTS. The board shall maintain a system to promptly and efficiently act on complaints filed with the board. The board shall maintain information about:

  9. Tex. Occupations Code Sec. 154.053. NOTIFICATION CONCERNING COMPLAINT.

  10. Tex. Occupations Code Sec. 154.0535. REQUIREMENTS FOR CERTAIN COMPLAINTS.

  11. Tex. Occupations Code Sec. 154.054. COMPLAINT INFORMATION TO HEALTH CARE ENTITY. On written request, the board shall provide information to a health care entity regarding:

  12. Tex. Occupations Code Sec. 154.055. RELEASE OF COMPLAINT INFORMATION TO LEGISLATIVE COMMITTEE.

  13. Tex. Occupations Code Sec. 154.056. GENERAL RULES REGARDING COMPLAINT INVESTIGATION; DISPOSITION.

  14. Tex. Occupations Code Sec. 154.0561. PROCEDURES FOR EXPERT PHYSICIAN REVIEW.

  15. Tex. Occupations Code Sec. 154.057. CONDUCT OF INVESTIGATION; USE OF INVESTIGATORS AS PEACE OFFICERS.

  16. Tex. Occupations Code Sec. 154.058. DETERMINATION OF MEDICAL COMPETENCY.

Chapter 155

  1. Tex. Occupations Code Sec. 155.001. LICENSE REQUIRED. A person may not practice medicine in this state unless the person holds a license issued under this subtitle.

  2. Tex. Occupations Code Sec. 155.002. ISSUANCE OF LICENSE.

  3. Tex. Occupations Code Sec. 155.003. GENERAL ELIGIBILITY REQUIREMENTS.

  4. Tex. Occupations Code Sec. 155.0031. APPLICATION PROCEDURES AND REQUIREMENTS.

  5. Tex. Occupations Code Sec. 155.004. ADDITIONAL ELIGIBILITY REQUIREMENTS FOR GRADUATES OF CERTAIN FOREIGN MEDICAL SCHOOLS. A license applicant who is a graduate of a medical school that is located outside the United States and Canada must present proof satisfactory to the board that the applicant:

  6. Tex. Occupations Code Sec. 155.005. ELIGIBILITY REQUIREMENTS OF FOREIGN MEDICAL SCHOOL STUDENTS IN FIFTH PATHWAY PROGRAM.

  7. Tex. Occupations Code Sec. 155.006. ISSUANCE OF LIMITED LICENSE.

  8. Tex. Occupations Code Sec. 155.007. APPLICATION PROCESS.

  9. Tex. Occupations Code Sec. 155.008. CRIMINAL RECORD CHECK.

  10. Tex. Occupations Code Sec. 155.009. LIMITED LICENSE FOR PRACTICE OF ADMINISTRATIVE MEDICINE.

  11. Tex. Occupations Code Sec. 155.011. EXPEDITED LICENSING PROCESS FOR CERTAIN OUT-OF-STATE APPLICANTS. The board by rule shall develop and implement an expedited licensing process for an applicant who is considered to have satisfied the examination requirements of this chapter under Section 155.0561(d).

  12. Tex. Occupations Code Sec. 155.012. LICENSING OF CERTAIN MILITARY VETERANS.

  13. Tex. Occupations Code Sec. 155.051. EXAMINATION REQUIRED.

  14. Tex. Occupations Code Sec. 155.0511. EXAMINATIONS ADMINISTERED OR ACCEPTED BY BOARD. The board may administer or accept the following examinations for licensing as determined by rule:

  15. Tex. Occupations Code Sec. 155.052. GENERAL EXAMINATION PROCEDURES.

  16. Tex. Occupations Code Sec. 155.053. PUBLIC MEMBER PARTICIPATION IN EXAMINATION.

  17. Tex. Occupations Code Sec. 155.054. EXAMINATION SUBJECTS.

  18. Tex. Occupations Code Sec. 155.055. NOTICE OF EXAMINATION RESULTS. The board shall notify each examinee of the results of a licensing examination not later than the 120th day after the date the examination is administered by the board. However, if an examination is graded or reviewed by a national testing service, the board shall notify each examinee of the results of the examination not later than the 30th day after the date the board receives the results from the testing service.

  19. Tex. Occupations Code Sec. 155.056. EXAMINATION ATTEMPT LIMITS.

  20. Tex. Occupations Code Sec. 155.0561. EXCEPTIONS TO EXAMINATION ATTEMPT LIMITS FOR CERTAIN OUT-OF-STATE APPLICANTS.

  21. Tex. Occupations Code Sec. 155.057. PRESERVATION OF EXAMINATION MATERIALS. The board shall preserve all examination questions, answers, and grades as directed by board rule until the first anniversary of the date of the examination.

  22. Tex. Occupations Code Sec. 155.058. APPLICATION OF OPEN RECORDS AND OPEN MEETINGS LAW TO EXAMINATION PROCEDURES.

  23. Tex. Occupations Code Sec. 155.101. PROVISIONAL LICENSE TO PRACTICE IN CERTAIN AREAS.

  24. Tex. Occupations Code Sec. 155.1015. ISSUANCE OF PROVISIONAL LICENSE TO CERTAIN FOREIGN MEDICAL LICENSE HOLDERS WITH OFFERS OF EMPLOYMENT.

  25. Tex. Occupations Code Sec. 155.1025. EXPEDITED PROCESS FOR CERTAIN APPLICANTS.

  26. Tex. Occupations Code Sec. 155.103. MILITARY LIMITED VOLUNTEER LICENSE.

  27. Tex. Occupations Code Sec. 155.104. TEMPORARY LICENSES.

  28. Tex. Occupations Code Sec. 155.105. PHYSICIAN-IN-TRAINING PERMIT.

  29. Tex. Occupations Code Sec. 155.106. CERTIFICATION OF LICENSE TO OTHER STATES. On the request of a license holder, the board shall issue a certificate that endorses the license issued by the board to other states. The board shall charge a fee for the issuance of the certificate.

  30. Tex. Occupations Code Sec. 155.107. CERTIFICATION OF EXAMINATION GRADES. On the request of a license holder, the board shall issue certification of state board examination grades to the Federation of State Medical Boards of the United States. The board shall charge a reasonable fee for the issuance.

  31. Tex. Occupations Code Sec. 155.151. DUPLICATE LICENSE.

  32. Tex. Occupations Code Sec. 155.152. ISSUANCE OF NEW LICENSE ON CHANGE OF NAME. The board may issue a new license to a license holder if the license holder changes the license holder's name.

  33. Tex. Occupations Code Sec. 155.201. DEFINITIONS. In this subchapter:

  34. Tex. Occupations Code Sec. 155.202. RULES. The board shall adopt rules in accordance with this subchapter relating to the licensing and regulation of physician graduates, including rules relating to:

  35. Tex. Occupations Code Sec. 155.203. LICENSE ISSUANCE. On application, the board shall issue a limited license to practice medicine under this subchapter to an applicant who:

  36. Tex. Occupations Code Sec. 155.204. FEES. The amount of a fee for the issuance or renewal of a license under this subchapter may not exceed the amount of a fee for the issuance or renewal of a physician assistant license under Chapter 204.

  37. Tex. Occupations Code Sec. 155.205. SPONSORING PHYSICIAN.

  38. Tex. Occupations Code Sec. 155.206. SUPERVISING PRACTICE AGREEMENT REQUIRED.

  39. Tex. Occupations Code Sec. 155.207. LIMITED PRACTICE BY LICENSE HOLDER.

  40. Tex. Occupations Code Sec. 155.208. LIABILITY OF SPONSORING PHYSICIAN. A sponsoring physician who enters into a supervising practice agreement with a physician graduate retains legal responsibility for a physician graduate's patient care activities, including the provision of care and treatment to a patient in a health care facility.

  41. Tex. Occupations Code Sec. 155.209. IDENTIFICATION REQUIREMENTS; USE OF TITLE.

  42. Tex. Occupations Code Sec. 155.210. STATUS OF PHYSICIAN GRADUATE. A physician graduate license holder is considered a general practitioner for purposes of regulations of the federal Centers for Medicare and Medicaid Services.

  43. Tex. Occupations Code Sec. 155.211. LICENSE RENEWAL. The board may not renew a license issued under this subchapter unless:

  44. Tex. Occupations Code Sec. 155.212. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE. The board may deny an application for licensure or suspend or revoke a license issued under this subchapter:

Chapter 156

  1. Tex. Occupations Code Sec. 156.001. REGISTRATION REQUIREMENTS AND PROCEDURES.

  2. Tex. Occupations Code Sec. 156.0015. CRIMINAL RECORD CHECK.

  3. Tex. Occupations Code Sec. 156.002. EXEMPTION FOR CERTAIN PHYSICIANS.

  4. Tex. Occupations Code Sec. 156.003. STAGGERED RENEWAL SYSTEM.

  5. Tex. Occupations Code Sec. 156.004. NOTICE OF EXPIRATION.

  6. Tex. Occupations Code Sec. 156.005. RENEWAL OF CERTAIN REGISTRATION PERMITS.

  7. Tex. Occupations Code Sec. 156.006. EMERGENCY CONTACT INFORMATION.

  8. Tex. Occupations Code Sec. 156.007. ISSUANCE OF REGISTRATION PERMIT.

  9. Tex. Occupations Code Sec. 156.008. PRACTICING MEDICINE WITHOUT REGISTRATION PROHIBITED.

  10. Tex. Occupations Code Sec. 156.009. INACTIVE STATUS. The board may adopt rules and set reasonable fees relating to placing license holders on inactive status.

  11. Tex. Occupations Code Sec. 156.010. REFUSAL FOR VIOLATION OF BOARD ORDER. The board may refuse to renew a registration permit issued under this chapter if the license holder is in violation of a board order.

  12. Tex. Occupations Code Sec. 156.051. REPORTING PROGRAM; RULES; EXEMPTION.

  13. Tex. Occupations Code Sec. 156.052. PRESUMPTION OF COMPLIANCE FOR CERTAIN LICENSE HOLDERS. A license holder is presumed to be in compliance with the requirements of this subchapter if, during the 36 months preceding the date of the required registration, the license holder becomes board certified or recertified by a specialty board approved by the American Board of Medical Specialties or the American Osteopathic Association Bureau of Osteopathic Specialists.

  14. Tex. Occupations Code Sec. 156.053. TEMPORARY EXEMPTION.

  15. Tex. Occupations Code Sec. 156.054. AUTHORITY OF BOARD TO REQUIRE ADDITIONAL HOURS. This subchapter does not prevent the board from taking disciplinary action with respect to a license holder or license applicant by requiring additional hours of continuing medical education, including education in specific course subjects.

  16. Tex. Occupations Code Sec. 156.055. CONTINUING EDUCATION IN PAIN MANAGEMENT AND PRESCRIPTION OF OPIOIDS.

  17. Tex. Occupations Code Sec. 156.056. CERTAIN VOLUNTEER SERVICES.

  18. Tex. Occupations Code Sec. 156.057. CONTINUING EDUCATION IN FORENSIC EVIDENCE COLLECTION.

  19. Tex. Occupations Code Sec. 156.059. CONTINUING EDUCATION IN TICK-BORNE DISEASES.

  20. Tex. Occupations Code Sec. 156.060. CONTINUING EDUCATION REGARDING THE IDENTIFICATION AND ASSISTANCE OF TRAFFICKED PERSONS.

  21. Tex. Occupations Code Sec. 156.061. CONTINUING EDUCATION IN NUTRITION AND METABOLIC HEALTH.

Chapter 157

  1. Tex. Occupations Code Sec. 157.001. GENERAL AUTHORITY OF PHYSICIAN TO DELEGATE.

  2. Tex. Occupations Code Sec. 157.002. GENERAL DELEGATION OF ADMINISTRATION AND PROVISION OF DANGEROUS DRUGS.

  3. Tex. Occupations Code Sec. 157.003. EMERGENCY CARE. The authority to delegate medical acts to a properly qualified person as provided by this subchapter applies to emergency care provided by emergency medical personnel certified by the Texas Department of Health.

  4. Tex. Occupations Code Sec. 157.004. DELEGATION REGARDING CERTAIN CARE FOR NEWBORNS; LIABILITY.

  5. Tex. Occupations Code Sec. 157.005. PERFORMANCE OF DELEGATED ACT NOT PRACTICING WITHOUT MEDICAL LICENSE. A person to whom a physician delegates the performance of a medical act is not considered to be practicing medicine without a license by performing the medical act unless the person acts with knowledge that the delegation and the action taken under the delegation is a violation of this subtitle.

  6. Tex. Occupations Code Sec. 157.006. LIMITATION ON BOARD RULES REGARDING DELEGATION. The board shall promote a physician's exercise of professional judgment to decide which medical acts may be safely delegated by not adopting rules containing, except as absolutely necessary, global prohibitions or restrictions on the delegation of medical acts.

  7. Tex. Occupations Code Sec. 157.007. APPLICABILITY OF OTHER LAWS. An act delegated by a physician under this chapter must comply with other applicable laws.

  8. Tex. Occupations Code Sec. 157.051. DEFINITIONS. In this subchapter:

  9. Tex. Occupations Code Sec. 157.0511. DELEGATION OF PRESCRIBING AND ORDERING DRUGS AND DEVICES.

  10. Tex. Occupations Code Sec. 157.0512. PRESCRIPTIVE AUTHORITY AGREEMENT.

  11. Tex. Occupations Code Sec. 157.0513. PRESCRIPTIVE AUTHORITY AGREEMENT: INFORMATION.

  12. Tex. Occupations Code Sec. 157.0514. PRESCRIPTIVE AUTHORITY AGREEMENT: INSPECTIONS. If the board receives a notice under Section 157.0513(a)(2), the board or an authorized board representative may enter, with reasonable notice and at a reasonable time, unless the notice would jeopardize an investigation, a site where a party to a prescriptive authority agreement practices to inspect and audit any records or activities relating to the implementation and operation of the agreement. To the extent reasonably possible, the board and the board's authorized representative shall conduct any inspection or audit under this section in a manner that minimizes disruption to the delivery of patient care.

  13. Tex. Occupations Code Sec. 157.054. PRESCRIBING AT FACILITY-BASED PRACTICE SITES.

  14. Tex. Occupations Code Sec. 157.055. ORDERS AND PROTOCOLS. A protocol or other order shall be defined in a manner that promotes the exercise of professional judgment by the advanced practice registered nurse and physician assistant commensurate with the education and experience of that person. Under this section, an order or protocol used by a reasonable and prudent physician exercising sound medical judgment:

  15. Tex. Occupations Code Sec. 157.056. PRESCRIPTION INFORMATION. The following information must be provided on each prescription subject to this subchapter:

  16. Tex. Occupations Code Sec. 157.057. ADDITIONAL IMPLEMENTATION METHODS. The board may adopt additional methods to implement:

  17. Tex. Occupations Code Sec. 157.058. DELEGATION TO CERTIFIED REGISTERED NURSE ANESTHETIST.

  18. Tex. Occupations Code Sec. 157.059. DELEGATION REGARDING CERTAIN OBSTETRICAL SERVICES.

  19. Tex. Occupations Code Sec. 157.060. PHYSICIAN LIABILITY FOR DELEGATED ACT. Unless the physician has reason to believe the physician assistant or advanced practice registered nurse lacked the competency to perform the act, a physician is not liable for an act of a physician assistant or advanced practice registered nurse solely because the physician signed a standing medical order, a standing delegation order, or another order or protocol, or entered into a prescriptive authority agreement, authorizing the physician assistant or advanced practice registered nurse to administer, provide, prescribe, or order a drug or device.

  20. Tex. Occupations Code Sec. 157.101. DELEGATION TO PHARMACIST.

Chapter 158

  1. Tex. Occupations Code Sec. 158.001. PROVISION OF DRUGS AND OTHER SUPPLIES.

  2. Tex. Occupations Code Sec. 158.002. PROVISION OF FREE SAMPLES.

  3. Tex. Occupations Code Sec. 158.003. DISPENSING OF DANGEROUS DRUGS IN CERTAIN RURAL AREAS.

Chapter 159

  1. Tex. Occupations Code Sec. 159.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 159.002. CONFIDENTIAL COMMUNICATIONS.

  3. Tex. Occupations Code Sec. 159.003. EXCEPTIONS TO CONFIDENTIALITY IN COURT OR ADMINISTRATIVE PROCEEDINGS.

  4. Tex. Occupations Code Sec. 159.004. EXCEPTIONS TO CONFIDENTIALITY IN OTHER SITUATIONS.

  5. Tex. Occupations Code Sec. 159.005. CONSENT FOR RELEASE OF CONFIDENTIAL INFORMATION.

  6. Tex. Occupations Code Sec. 159.006. INFORMATION FURNISHED BY PHYSICIAN.

  7. Tex. Occupations Code Sec. 159.0061. APPOINTMENT OF CUSTODIAN OF PHYSICIAN'S RECORDS.

  8. Tex. Occupations Code Sec. 159.0062. SENSITIVE TEST RESULTS DISCLOSED BY ELECTRONIC MEANS.

  9. Tex. Occupations Code Sec. 159.007. MEDIUM BY WHICH INFORMATION IS PROVIDED. A person who is authorized to provide a copy of a record or a summary or narrative of the record to another person under this chapter may provide the copy, summary, or narrative on paper or using any other appropriate medium to which the person who is to provide and the person who is to receive the copy, summary, or narrative agree.

  10. Tex. Occupations Code Sec. 159.008. PHYSICIAN FEES FOR INFORMATION.

  11. Tex. Occupations Code Sec. 159.009. INJUNCTION; CAUSE OF ACTION FOR UNAUTHORIZED RELEASE OF CONFIDENTIAL INFORMATION.

  12. Tex. Occupations Code Sec. 159.010. NOTICE OF BENEFITS UNDER STATE CHILD HEALTH PLAN. A physician who provides Medicaid health care services to a pregnant woman shall inform the woman of the health benefits for which the woman or the woman's child may be eligible under the state child health plan under Chapter 62, Health and Safety Code.

  13. Tex. Occupations Code Sec. 159.011. INFORMATION ABOUT EMBRYO DONATION.

Chapter 160

  1. Tex. Occupations Code Sec. 160.001. APPLICATION OF FEDERAL LAW. The Health Care Quality Improvement Act of 1986 (42 U.S.C. Section 11101 et seq.) applies to a professional review action or medical peer review conducted by a professional review body or medical peer review committee in this state on or after September 1, 1987.

  2. Tex. Occupations Code Sec. 160.002. REPORT OF MEDICAL PEER REVIEW.

  3. Tex. Occupations Code Sec. 160.003. REPORT BY CERTAIN PRACTITIONERS.

  4. Tex. Occupations Code Sec. 160.004. REPORT REGARDING CERTAIN IMPAIRED PHYSICIANS.

  5. Tex. Occupations Code Sec. 160.005. REPORT CONFIDENTIAL; COMMUNICATION NOT PRIVILEGED.

  6. Tex. Occupations Code Sec. 160.006. BOARD CONFIDENTIALITY.

  7. Tex. Occupations Code Sec. 160.007. CONFIDENTIALITY RELATING TO MEDICAL PEER REVIEW COMMITTEE.

  8. Tex. Occupations Code Sec. 160.008. USE OF CERTAIN CONFIDENTIAL INFORMATION.

  9. Tex. Occupations Code Sec. 160.009. COMPLIANCE WITH SUBPOENA.

  10. Tex. Occupations Code Sec. 160.010. IMMUNITY FROM CIVIL LIABILITY.

  11. Tex. Occupations Code Sec. 160.011. NOT STATE ACTION. The reporting or assistance provided for in this subchapter does not constitute state action on the reporting or assisting medical peer review committee or its parent organization.

  12. Tex. Occupations Code Sec. 160.012. DISCIPLINE OR DISCRIMINATION PROHIBITED.

  13. Tex. Occupations Code Sec. 160.013. EXPUNGEMENT OF REPORT MADE IN BAD FAITH. If a court makes a final determination that a report or complaint made to the board was made in bad faith, the complaint shall be expunged from the physician's or applicant's individual historical record.

  14. Tex. Occupations Code Sec. 160.014. ACTION BY HEALTH CARE ENTITY NOT PRECLUDED. The filing of a report with the board under this subchapter, or an investigation or disposition by the board, does not in itself preclude any action by a health care entity to suspend, restrict, or revoke the privileges or membership of the physician.

  15. Tex. Occupations Code Sec. 160.015. IMMUNITY OF HOSPITAL DISTRICT OR HOSPITAL AUTHORITY. This subchapter does not impose liability or waive immunity for a hospital district or hospital authority that has common law, statutory, or other immunity.

  16. Tex. Occupations Code Sec. 160.051. DEFINITIONS. In this subchapter:

  17. Tex. Occupations Code Sec. 160.052. REPORT FROM INSURER OR PHYSICIAN.

  18. Tex. Occupations Code Sec. 160.053. CONTENTS OF REPORT; ADDITIONAL INFORMATION.

  19. Tex. Occupations Code Sec. 160.054. REPORT NOT EVIDENCE. In the trial of an action against a physician based on the physician's conduct in providing or failing to provide a medical or health care service, a report or other information submitted to the board under this subchapter and the fact that the report or information has been submitted to the board may not be offered in evidence or used in any manner.

  20. Tex. Occupations Code Sec. 160.055. SANCTIONS FOR FAILURE TO REPORT. The commissioner may impose sanctions authorized by Chapter 82, Insurance Code, on an insurer who fails to report information as required by this subchapter.

  21. Tex. Occupations Code Sec. 160.056. CIVIL LIABILITY. A person or entity is not liable for any action taken by the person or entity under this subchapter, and a cause of action does not arise against that person or entity, if the person or entity is:

  22. Tex. Occupations Code Sec. 160.101. REPORT BY COURT TO DEPARTMENT OF PUBLIC SAFETY.

  23. Tex. Occupations Code Sec. 160.102. REPORT BY COURT TO BOARD. Not later than the 30th day after the date a court finds that a physician is mentally ill or mentally incompetent, the clerk of the court of record in which the finding is entered shall prepare and forward to the board a certified abstract of record, regardless of whether the adjudication or finding is subsequently withheld or appealed.

Chapter 162

  1. Tex. Occupations Code Sec. 162.001. CERTIFICATION BY BOARD.

  2. Tex. Occupations Code Sec. 162.002. LIMITATION ON PHYSICIAN FEES. A physician who provides professional medical services for a health organization certified under Section 162.001(c) shall provide those services free of charge, or at a reduced fee commensurate with the patient's ability to pay, in compliance with 42 U.S.C. Section 254b or 254c.

  3. Tex. Occupations Code Sec. 162.0021. INTERFERENCE WITH PHYSICIAN'S PROFESSIONAL JUDGMENT PROHIBITED. A health organization certified under Section 162.001(b) may not interfere with, control, or otherwise direct a physician's professional judgment in violation of this subchapter or any other provision of law, including board rules.

  4. Tex. Occupations Code Sec. 162.0022. HEALTH ORGANIZATION POLICIES.

  5. Tex. Occupations Code Sec. 162.0023. DISCIPLINARY ACTION RESTRICTION. A physician employed by a health organization certified under Section 162.001(b) retains independent medical judgment in providing care to patients, and the health organization may not discipline the physician for reasonably advocating for patient care.

  6. Tex. Occupations Code Sec. 162.0024. CONTRACTUAL WAIVER PROHIBITED.

  7. Tex. Occupations Code Sec. 162.003. REFUSAL TO CERTIFY; REVOCATION; PENALTY. On a determination that a health organization commits a violation of this subtitle or is established, organized, or operated in violation of or with the intent to violate this subtitle, the board may:

  8. Tex. Occupations Code Sec. 162.004. PROCEDURES FOR AND DISPOSITION OF COMPLAINTS AGAINST CERTAIN HEALTH ORGANIZATIONS.

  9. Tex. Occupations Code Sec. 162.005. ANTI-RETALIATION POLICY.

  10. Tex. Occupations Code Sec. 162.006. BIENNIAL REPORT REQUIRED FOR CERTAIN HEALTH ORGANIZATIONS.

  11. Tex. Occupations Code Sec. 162.051. AUTHORITY TO FORM CERTAIN JOINTLY OWNED ENTITIES.

  12. Tex. Occupations Code Sec. 162.052. NOTICE OF CERTAIN OWNERSHIP INTERESTS.

  13. Tex. Occupations Code Sec. 162.053. JOINTLY OWNED ENTITIES WITH PHYSICIAN ASSISTANTS.

  14. Tex. Occupations Code Sec. 162.101. DEFINITION. In this subchapter, "outpatient setting" means a facility, clinic, center, office, or other setting that is not part of a licensed hospital or a licensed ambulatory surgical center.

  15. Tex. Occupations Code Sec. 162.102. RULES.

  16. Tex. Occupations Code Sec. 162.103. APPLICABILITY. Rules adopted by the board under this subchapter do not apply to:

  17. Tex. Occupations Code Sec. 162.104. REGISTRATION REQUIRED.

  18. Tex. Occupations Code Sec. 162.105. COMPLIANCE WITH ANESTHESIA RULES.

  19. Tex. Occupations Code Sec. 162.106. INSPECTIONS.

  20. Tex. Occupations Code Sec. 162.107. REQUESTS FOR INSPECTION AND ADVISORY OPINION.

  21. Tex. Occupations Code Sec. 162.151. DEFINITIONS. In this subchapter:

  22. Tex. Occupations Code Sec. 162.152. ASSOCIATIONS. Each provision of this subchapter that applies to a health care entity also applies to an association that represents federally qualified health centers. For purposes of this section, "federally qualified health center" has the meaning assigned by 42 U.S.C. Section 1396d(l)(2)(B), as amended.

  23. Tex. Occupations Code Sec. 162.153. STANDARDIZED CREDENTIALS VERIFICATION PROGRAM.

  24. Tex. Occupations Code Sec. 162.154. FURNISHING OF DATA TO HEALTH CARE ENTITY. Not later than the 15th business day after the date the board receives a request for the data, the board shall make available to a health care entity or its designated credentials verification organization all core credentials data it collects on a physician, including any correction, update, or modification of that data, if authorized by the physician.

  25. Tex. Occupations Code Sec. 162.155. REVIEW OF DATA BY PHYSICIAN.

  26. Tex. Occupations Code Sec. 162.156. DATA DUPLICATION PROHIBITED.

  27. Tex. Occupations Code Sec. 162.157. IMMUNITY. A health care entity or its designated credentials verification organization is immune from liability arising from its reliance on data furnished by the board under this subchapter.

  28. Tex. Occupations Code Sec. 162.158. RULES. The board shall adopt rules as necessary to develop and implement the standardized credentials verification program established by this subchapter.

  29. Tex. Occupations Code Sec. 162.159. CONFIDENTIALITY. The information collected, maintained, or stored by the board under this subchapter is privileged and confidential and not subject to discovery, subpoena, or other means of legal compulsion for its release or to disclosure under Chapter 552, Government Code, except as otherwise provided by this subchapter.

  30. Tex. Occupations Code Sec. 162.160. USE OF INDEPENDENT CONTRACTOR. The board may contract with an independent contractor to collect, verify, maintain, store, or release information. The contract must provide for board oversight and for the confidentiality of the information. If the board contracts with an independent entity that is not a governmental unit to carry out this subchapter, the independent entity is not immune from liability.

  31. Tex. Occupations Code Sec. 162.161. FEES.

  32. Tex. Occupations Code Sec. 162.162. GIFTS, GRANTS, AND DONATIONS. In addition to any fees paid to the board or money appropriated to the board, the board may receive and accept a gift, grant, donation, or other thing of value from any source, including the United States or a private source.

  33. Tex. Occupations Code Sec. 162.201. EMPLOYMENT OF PHYSICIAN PERMITTED. A private nonprofit medical school that is certified under Section 162.203, that is accredited by the Liaison Committee on Medical Education, and that was appropriated funds by the legislature in the 75th Legislature, Regular Session, 1997, may retain, in fulfilling its educational mission, all or part of the professional income generated by a physician for medical services if the physician is employed as a faculty member of the school and provides medical services as part of the physician's responsibilities.

  34. Tex. Occupations Code Sec. 162.202. COMMITTEE ESTABLISHED BY SCHOOL.

  35. Tex. Occupations Code Sec. 162.203. CERTIFICATION OF SCHOOL BY BOARD.

  36. Tex. Occupations Code Sec. 162.204. BIENNIAL REPORT. A private medical school certified under Section 162.203 shall provide to the board a biennial report certifying that the school is in compliance with this subchapter.

  37. Tex. Occupations Code Sec. 162.205. SUSPENSION OR REVOCATION OF CERTIFICATION. If the board determines at any time that a private medical school certified under Section 162.203 has failed to comply with this subchapter, the board may suspend or revoke the school's certification.

  38. Tex. Occupations Code Sec. 162.206. LIMITATION ON SCHOOL'S AUTHORITY. A private medical school's authority to retain a physician's professional income does not apply to a physician providing care in a facility owned or operated by the school that is established outside the school's historical geographical service area as it existed June 19, 1999.

  39. Tex. Occupations Code Sec. 162.207. APPLICATION OF SUBCHAPTER. This subchapter does not:

Chapter 163

  1. Tex. Occupations Code Sec. 163.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 163.002. DESIGNATION OF DISTRICTS.

  3. Tex. Occupations Code Sec. 163.003. COMMITTEE.

  4. Tex. Occupations Code Sec. 163.004. BOARD RULES REGARDING COMMITTEES. The board may adopt rules reasonably necessary to implement this chapter relating to:

  5. Tex. Occupations Code Sec. 163.0045. ASSISTANCE TO BOARD. The board may request members of a committee to participate in an informal meeting under Section 164.003. A physician committee member who participates in an informal meeting on a complaint relating to medical competency must have the qualifications of a member of an expert panel under Section 154.056(e).

  6. Tex. Occupations Code Sec. 163.005. COMMITTEE AUTHORITY LIMITED. A committee may not finally dispose of a complaint against a person licensed by the board or issue a final order or rule. The board shall finally dispose of each complaint against a person licensed by the board and has the sole authority to issue final orders and rules.

Chapter 164

  1. Tex. Occupations Code Sec. 164.001. DISCIPLINARY AUTHORITY OF BOARD; METHODS OF DISCIPLINE.

  2. Tex. Occupations Code Sec. 164.0015. REMEDIAL PLAN.

  3. Tex. Occupations Code Sec. 164.002. BOARD DISPOSITION OF COMPLAINTS, CONTESTED CASES, AND OTHER MATTERS.

  4. Tex. Occupations Code Sec. 164.0025. DELEGATION OF CERTAIN COMPLAINT DISPOSITIONS.

  5. Tex. Occupations Code Sec. 164.003. INFORMAL PROCEEDINGS.

  6. Tex. Occupations Code Sec. 164.0031. BOARD REPRESENTATION IN INFORMAL PROCEEDINGS.

  7. Tex. Occupations Code Sec. 164.0032. ROLES AND RESPONSIBILITIES OF PARTICIPANTS IN INFORMAL PROCEEDINGS.

  8. Tex. Occupations Code Sec. 164.0035. DISMISSAL OF BASELESS COMPLAINT. If, during the 180-day period prescribed by Section 164.003(b)(1), the board determines that the complaint is a baseless or unfounded complaint, the board shall dismiss the complaint and include a statement in the records of the complaint that the reason for the dismissal is because the complaint was baseless or unfounded. The board shall adopt rules that establish criteria for determining that a complaint is baseless or unfounded.

  9. Tex. Occupations Code Sec. 164.0036. NOTICE REGARDING CERTAIN COMPLAINTS.

  10. Tex. Occupations Code Sec. 164.004. COMPLIANCE WITH DUE PROCESS REQUIREMENTS.

  11. Tex. Occupations Code Sec. 164.005. INITIATION OF CHARGES; FORMAL COMPLAINT.

  12. Tex. Occupations Code Sec. 164.006. SERVICE OF NOTICE.

  13. Tex. Occupations Code Sec. 164.007. ADMINISTRATIVE HEARINGS; CONFIDENTIALITY ISSUES.

  14. Tex. Occupations Code Sec. 164.0071. HEARINGS ON CERTAIN COMPLAINTS.

  15. Tex. Occupations Code Sec. 164.0072. BOARD APPEAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW.

  16. Tex. Occupations Code Sec. 164.008. RIGHT TO COUNSEL. In a hearing involving a disciplinary action under this subtitle, the respondent is entitled to appear personally, by counsel, or both.

  17. Tex. Occupations Code Sec. 164.009. JUDICIAL REVIEW. A person whose license to practice medicine has been revoked or who is subject to other disciplinary action by the board may appeal to a Travis County district court not later than the 30th day after the date the board decision is final.

  18. Tex. Occupations Code Sec. 164.010. MONITORING OF LICENSE HOLDER.

  19. Tex. Occupations Code Sec. 164.011. LICENSE STATUS PENDING APPEAL.

  20. Tex. Occupations Code Sec. 164.051. GROUNDS FOR DENIAL OR DISCIPLINARY ACTION.

  21. Tex. Occupations Code Sec. 164.052. PROHIBITED PRACTICES BY PHYSICIAN OR LICENSE APPLICANT.

  22. Tex. Occupations Code Sec. 164.053. UNPROFESSIONAL OR DISHONORABLE CONDUCT.

  23. Tex. Occupations Code Sec. 164.054. ADDITIONAL REQUIREMENTS REGARDING DRUG RECORDS.

  24. Tex. Occupations Code Sec. 164.055. PROHIBITED ACTS REGARDING ABORTION.

  25. Tex. Occupations Code Sec. 164.0551. COMPLIANCE WITH CERTAIN REQUIREMENTS REGARDING SONOGRAM BEFORE ABORTION. A physician shall comply with Subchapter B, Chapter 171, Health and Safety Code.

  26. Tex. Occupations Code Sec. 164.0552. PROHIBITED ACTS REGARDING GENDER TRANSITIONING OR GENDER REASSIGNMENT PROCEDURES AND TREATMENTS ON CERTAIN CHILDREN.

  27. Tex. Occupations Code Sec. 164.056. PHYSICAL OR MENTAL EXAMINATION; HEARING.

  28. Tex. Occupations Code Sec. 164.057. REQUIRED SUSPENSION OR REVOCATION OF LICENSE FOR CERTAIN OFFENSES.

  29. Tex. Occupations Code Sec. 164.0571. REQUIRED REVOCATION OF LICENSE FOR PROCEDURE INVOLVING CERTAIN HUMAN ORGANS. The board shall revoke the license of a physician if the physician knowingly uses a human organ obtained in violation of Section 48.02, Penal Code, in a medical procedure.

  30. Tex. Occupations Code Sec. 164.058. REQUIRED SUSPENSION OF LICENSE OF INCARCERATED PHYSICIAN. Regardless of the offense, the board shall suspend the license of a physician serving a prison term in a state or federal penitentiary during the term of the incarceration.

  31. Tex. Occupations Code Sec. 164.059. TEMPORARY SUSPENSION OR RESTRICTION OF LICENSE.

  32. Tex. Occupations Code Sec. 164.0595. TEMPORARY SUSPENSION OR RESTRICTION OF LICENSE FOR CERTAIN ARRESTS.

  33. Tex. Occupations Code Sec. 164.060. REPORT OF BOARD ACTIONS.

  34. Tex. Occupations Code Sec. 164.061. SURRENDER OF LICENSE.

  35. Tex. Occupations Code Sec. 164.101. PROBATION.

  36. Tex. Occupations Code Sec. 164.102. PERSONS INELIGIBLE FOR PROBATION.

  37. Tex. Occupations Code Sec. 164.103. RESCISSION OF PROBATION.

  38. Tex. Occupations Code Sec. 164.151. APPLICATION FOR LICENSE REINSTATEMENT.

  39. Tex. Occupations Code Sec. 164.152. APPLICATION PERIOD.

  40. Tex. Occupations Code Sec. 164.153. CERTAIN PERSONS INELIGIBLE FOR REINSTATEMENT. Except on an express determination based on substantial evidence contained in an investigative report indicating that reinstatement or reissue of the license is in the best interests of the public and of the person whose license has been canceled, revoked, or suspended, the board may not reinstate or reissue a license to a person whose license has been canceled, revoked, or suspended because of a felony conviction under:

  41. Tex. Occupations Code Sec. 164.154. EFFECT OF LICENSE REINSTATEMENT ON CERTAIN PROSECUTIONS OR PENALTIES. If a physician has had charges filed against the physician during a period in which the physician's license was not in force or was suspended, revoked, or canceled, or if penalties have been incurred by the physician during that period, the reinstatement of the physician's license does not abate the prosecution or penalties.

  42. Tex. Occupations Code Sec. 164.201. REVIEW BY BOARD IF THREE OR MORE MALPRACTICE CLAIMS. The board shall review the medical competency of a physician against whom three or more expert reports under Section 74.351, Civil Practice and Remedies Code, have been filed in three separate lawsuits within a five-year period in the same manner as if a complaint against the physician had been made to the board under Section 154.051.

  43. Tex. Occupations Code Sec. 164.206. REFUND.

Chapter 165

  1. Tex. Occupations Code Sec. 165.001. IMPOSITION OF ADMINISTRATIVE PENALTY. The board by order may impose an administrative penalty against a person licensed or regulated under this subtitle who violates this subtitle or a rule or order adopted under this subtitle.

  2. Tex. Occupations Code Sec. 165.002. PROCEDURE.

  3. Tex. Occupations Code Sec. 165.003. AMOUNT OF PENALTY.

  4. Tex. Occupations Code Sec. 165.004. NOTICE OF VIOLATION AND PENALTY.

  5. Tex. Occupations Code Sec. 165.005. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.

  6. Tex. Occupations Code Sec. 165.006. COLLECTION OF PENALTY. If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter to the attorney general for collection of the penalty.

  7. Tex. Occupations Code Sec. 165.007. DETERMINATION BY COURT.

  8. Tex. Occupations Code Sec. 165.008. REMITTANCE OF PENALTY AND INTEREST.

  9. Tex. Occupations Code Sec. 165.051. INJUNCTION AUTHORITY. In addition to any other action authorized by law, the board may institute an action in its own name to enjoin a violation of this subtitle.

  10. Tex. Occupations Code Sec. 165.052. CEASE AND DESIST ORDER.

  11. Tex. Occupations Code Sec. 165.101. CIVIL PENALTY.

  12. Tex. Occupations Code Sec. 165.102. LIMITATION ON CIVIL PENALTY. The attorney general may not institute an action for a civil penalty against a person described by Section 151.053 or 151.054 if the person is not in violation of or threatening to violate this subtitle or a rule or order adopted by the board.

  13. Tex. Occupations Code Sec. 165.103. RECOVERY OF EXPENSES BY ATTORNEY GENERAL; DEPOSIT.

  14. Tex. Occupations Code Sec. 165.151. GENERAL CRIMINAL PENALTY.

  15. Tex. Occupations Code Sec. 165.152. PRACTICING MEDICINE IN VIOLATION OF SUBTITLE.

  16. Tex. Occupations Code Sec. 165.153. CRIMINAL PENALTIES FOR ADDITIONAL HARM.

  17. Tex. Occupations Code Sec. 165.1535. PERFORMING SURGERY WHILE INTOXICATED.

  18. Tex. Occupations Code Sec. 165.154. FALSE STATEMENT; OFFENSE.

  19. Tex. Occupations Code Sec. 165.155. SOLICITATION OF PATIENTS; PENALTY.

  20. Tex. Occupations Code Sec. 165.156. MISREPRESENTATION REGARDING ENTITLEMENT TO PRACTICE MEDICINE. A person, partnership, trust, association, or corporation commits an offense if the person, partnership, trust, association, or corporation, through the use of any letters, words, or terms affixed on stationery or on advertisements, or in any other manner, indicates that the person, partnership, trust, association, or corporation is entitled to practice medicine if the person, partnership, trust, association, or corporation is not licensed to do so.

  21. Tex. Occupations Code Sec. 165.157. DUTY TO ASSIST IN CERTAIN PROSECUTIONS.

  22. Tex. Occupations Code Sec. 165.158. UNAUTHORIZED RELEASE OF CONFIDENTIAL INFORMATION.

  23. Tex. Occupations Code Sec. 165.159. PRACTICING MEDICINE WITHOUT REGISTRATION.

  24. Tex. Occupations Code Sec. 165.160. EFFECT ON CRIMINAL PROSECUTION. This subtitle does not bar a criminal prosecution for a violation of this subtitle or a rule adopted under this subtitle.

Chapter 166

  1. Tex. Occupations Code Sec. 166.001. DEFINITION. In this chapter, "anatomic pathology services" means:

  2. Tex. Occupations Code Sec. 166.002. ANATOMIC PATHOLOGY BILLING. Notwithstanding any other law, a person, including a physician and an entity, violates this subtitle and is subject to disciplinary action and penalties under this subtitle if the person:

Chapter 167

  1. Tex. Occupations Code Sec. 167.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 167.0015. APPLICABILITY; MANNER OF PARTICIPATION.

  3. Tex. Occupations Code Sec. 167.002. MEDICAL DIRECTOR.

  4. Tex. Occupations Code Sec. 167.003. GOVERNING BOARD.

  5. Tex. Occupations Code Sec. 167.004. PHYSICIAN HEALTH AND REHABILITATION ADVISORY COMMITTEE.

  6. Tex. Occupations Code Sec. 167.005. TEXAS PHYSICIAN HEALTH PROGRAM.

  7. Tex. Occupations Code Sec. 167.006. RULES. The board, with the advice of and in consultation with the governing board, committee, and Texas-based professional associations of physicians and physician assistants, shall:

  8. Tex. Occupations Code Sec. 167.007. OPERATION OF PROGRAM.

  9. Tex. Occupations Code Sec. 167.008. REFERRALS TO PROGRAM.

  10. Tex. Occupations Code Sec. 167.009. REFERRAL BY BOARD OR PHYSICIAN ASSISTANT BOARD AS PREREQUISITE FOR ISSUING OR MAINTAINING A LICENSE.

  11. Tex. Occupations Code Sec. 167.0091. REFERRALS FOR CERTAIN PROFESSIONS. Notwithstanding any other provision of this chapter, the board, the Texas Board of Medical Radiologic Technology, or the Texas Board of Respiratory Care, as appropriate, may make a referral to the program and require participation in the program as a prerequisite for issuing or maintaining a license, certificate, permit, or other authorization under Chapter 601, 602, 603, or 604.

  12. Tex. Occupations Code Sec. 167.010. CONFIDENTIALITY.

  13. Tex. Occupations Code Sec. 167.012. MEMORANDUM OF UNDERSTANDING WITH BOARD. The governing board and the board shall enter into a memorandum of understanding to better coordinate services and operations of the program. The memorandum of understanding must be adopted by rule and:

  14. Tex. Occupations Code Sec. 167.013. GIFTS, GRANTS, AND DONATIONS. In addition to any fees paid to the board or money appropriated to the board for the program, the governing board may receive and accept a gift, grant, donation, or other thing of value from any source, including the United States or a private source, for the program.

  15. Tex. Occupations Code Sec. 167.014. SURCHARGE TO ADMINISTER TEXAS PHYSICIAN HEALTH PROGRAM.

Chapter 168

  1. Tex. Occupations Code Sec. 168.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 168.002. EXEMPTIONS. This chapter does not apply to:

  3. Tex. Occupations Code Sec. 168.003. LEGISLATIVE FINDING. The legislature finds that deaths resulting from the use of opioids and other controlled substances constitute a public health crisis and that there is a compelling state interest in the board closely regulating the prescribing of opioids and other controlled substances by physicians and their delegates. Accordingly, the legislature finds that inspections and investigations conducted by the board, including the board's use of subpoenas for immediate production, inspection, and copying of medical and billing records, are necessary to adequately regulate the prescribing of opioids and other controlled substances in order to protect the public health and welfare.

  4. Tex. Occupations Code Sec. 168.051. ADOPTION OF RULES. The board shall adopt rules necessary to implement this chapter, including rules to address, for a pain management clinic:

  5. Tex. Occupations Code Sec. 168.052. INSPECTIONS.

  6. Tex. Occupations Code Sec. 168.053. COMPLAINTS. The board shall investigate a complaint alleging a violation of this chapter or a rule adopted under this chapter by a pain management clinic certified under this chapter or a physician who owns or operates a clinic in the same manner as other complaints under this subtitle.

  7. Tex. Occupations Code Sec. 168.101. CERTIFICATE REQUIRED.

  8. Tex. Occupations Code Sec. 168.102. CERTIFICATE APPLICATION AND ISSUANCE.

  9. Tex. Occupations Code Sec. 168.151. EXPIRATION OF CERTIFICATE.

  10. Tex. Occupations Code Sec. 168.152. REQUIREMENTS FOR RENEWAL.

  11. Tex. Occupations Code Sec. 168.201. REGULATION OF PERSON AFFILIATED WITH CLINIC.

  12. Tex. Occupations Code Sec. 168.202. DISCIPLINARY ACTION.

Chapter 169

  1. Tex. Occupations Code Sec. 169.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 169.0011. PRESCRIPTION FOR MEDICAL USE. A reference in this chapter, Chapter 487, Health and Safety Code, or other law to a prescription for medical use or a prescription for low-THC cannabis means an entry in the compassionate-use registry established under Section 487.054, Health and Safety Code.

  3. Tex. Occupations Code Sec. 169.002. PHYSICIAN QUALIFIED TO PRESCRIBE LOW-THC CANNABIS TO PATIENTS WITH CERTAIN MEDICAL CONDITIONS.

  4. Tex. Occupations Code Sec. 169.003. PRESCRIPTION OF LOW-THC CANNABIS.

  5. Tex. Occupations Code Sec. 169.004. LOW-THC CANNABIS PRESCRIBER REGISTRATION.

  6. Tex. Occupations Code Sec. 169.005. PATIENT TREATMENT PLAN. A physician described by Section 169.002 who prescribes low-THC cannabis for a patient's medical use under this chapter must maintain a patient treatment plan that indicates:

  7. Tex. Occupations Code Sec. 169.006. ADMINISTRATION OF LOW-THC CANNABIS BY PULMONARY INHALATION.

Chapter 170

  1. Tex. Occupations Code Sec. 170.001. DEFINITIONS. In this chapter, "opioid antagonist" and "opioid-related drug overdose" have the meanings assigned by Section 483.101, Health and Safety Code.

  2. Tex. Occupations Code Sec. 170.002. GUIDELINES.

  3. Tex. Occupations Code Sec. 170.003. LIABILITY FOR ACT OR OMISSION WITH RESPECT TO PRESCRIBING AN OPIOID ANTAGONIST. A physician who acts in good faith and with reasonable care, regardless of whether the physician follows the guidelines adopted under this chapter, is not subject to criminal or civil liability or any professional disciplinary action for:

Chapter 171

  1. Tex. Occupations Code Sec. 171.001. PURPOSE. In order to strengthen access to health care, and in recognition of the advances in the delivery of health care, the member states of the Interstate Medical Licensure Compact have allied in common purpose to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards and provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients. The compact creates another pathway for licensure and does not otherwise change a state's existing medical practice act. The compact also adopts the prevailing standard for licensure and affirms that the practice of medicine occurs where the patient is located at the time of the physician-patient encounter, and therefore, requires the physician to be under the jurisdiction of the state medical board where the patient is located. State medical boards that participate in the compact retain the jurisdiction to impose an adverse action against a license to practice medicine in that state issued to a physician through the procedures in the compact.

  2. Tex. Occupations Code Sec. 171.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 171.003. ELIGIBILITY.

  4. Tex. Occupations Code Sec. 171.004. DESIGNATION OF STATE OF PRINCIPAL LICENSE.

  5. Tex. Occupations Code Sec. 171.005. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE.

  6. Tex. Occupations Code Sec. 171.006. FEES FOR EXPEDITED LICENSURE.

  7. Tex. Occupations Code Sec. 171.007. RENEWAL AND CONTINUED PARTICIPATION.

  8. Tex. Occupations Code Sec. 171.008. COORDINATED INFORMATION SYSTEM.

  9. Tex. Occupations Code Sec. 171.009. JOINT INVESTIGATIONS.

  10. Tex. Occupations Code Sec. 171.010. DISCIPLINARY ACTIONS.

  11. Tex. Occupations Code Sec. 171.011. INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION.

  12. Tex. Occupations Code Sec. 171.012. POWERS AND DUTIES OF INTERSTATE COMMISSION. The interstate commission shall have the duty and power to:

  13. Tex. Occupations Code Sec. 171.013. FINANCE POWERS.

  14. Tex. Occupations Code Sec. 171.014. ORGANIZATION AND OPERATION OF INTERSTATE COMMISSION.

  15. Tex. Occupations Code Sec. 171.015. RULEMAKING FUNCTIONS OF INTERSTATE COMMISSION.

  16. Tex. Occupations Code Sec. 171.016. OVERSIGHT OF INTERSTATE COMPACT.

  17. Tex. Occupations Code Sec. 171.017. ENFORCEMENT OF INTERSTATE COMPACT.

  18. Tex. Occupations Code Sec. 171.018. DEFAULT PROCEDURES.

  19. Tex. Occupations Code Sec. 171.019. DISPUTE RESOLUTION.

  20. Tex. Occupations Code Sec. 171.020. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT.

  21. Tex. Occupations Code Sec. 171.021. WITHDRAWAL.

  22. Tex. Occupations Code Sec. 171.022. DISSOLUTION.

  23. Tex. Occupations Code Sec. 171.023. SEVERABILITY AND CONSTRUCTION.

  24. Tex. Occupations Code Sec. 171.024. BINDING EFFECT OF COMPACT AND OTHER LAWS.

Chapter 172

  1. Tex. Occupations Code Sec. 172.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 172.051. DELEGATION OF PRESCRIBING OR ORDERING ELECTIVE INTRAVENOUS THERAPY.

Chapter 201

  1. Tex. Occupations Code Sec. 201.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 201.002. PRACTICE OF CHIROPRACTIC.

  3. Tex. Occupations Code Sec. 201.003. APPLICATIONS AND EXEMPTIONS.

  4. Tex. Occupations Code Sec. 201.004. APPLICATION OF SUNSET ACT. The Texas Board of Chiropractic Examiners is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033.

  5. Tex. Occupations Code Sec. 201.051. BOARD; MEMBERSHIP.

  6. Tex. Occupations Code Sec. 201.052. MEMBERSHIP ELIGIBILITY.

  7. Tex. Occupations Code Sec. 201.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.

  8. Tex. Occupations Code Sec. 201.054. TERMS; VACANCY.

  9. Tex. Occupations Code Sec. 201.055. OFFICERS.

  10. Tex. Occupations Code Sec. 201.056. GROUNDS FOR REMOVAL.

  11. Tex. Occupations Code Sec. 201.057. PER DIEM; REIMBURSEMENT.

  12. Tex. Occupations Code Sec. 201.058. MEETINGS.

  13. Tex. Occupations Code Sec. 201.060. BOARD SEAL. The seal of the board consists of a five-point star with the words, "The State of Texas," and the words, "Texas Board of Chiropractic Examiners," around the margin.

  14. Tex. Occupations Code Sec. 201.061. TRAINING.

  15. Tex. Occupations Code Sec. 201.101. DIVISION OF RESPONSIBILITIES. The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and the staff of the board.

  16. Tex. Occupations Code Sec. 201.102. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The board shall provide as often as necessary to its members and employees information regarding their:

  17. Tex. Occupations Code Sec. 201.103. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.

  18. Tex. Occupations Code Sec. 201.104. EQUAL EMPLOYMENT OPPORTUNITY; REPORT.

  19. Tex. Occupations Code Sec. 201.151. GENERAL POWERS AND DUTIES. The board shall administer the purposes of and enforce this chapter.

  20. Tex. Occupations Code Sec. 201.152. RULES.

  21. Tex. Occupations Code Sec. 201.1525. RULES CLARIFYING SCOPE OF PRACTICE OF CHIROPRACTIC. The board shall adopt rules clarifying what activities are included within the scope of the practice of chiropractic and what activities are outside of that scope. The rules:

  22. Tex. Occupations Code Sec. 201.1526. DEVELOPMENT OF PROPOSED RULES REGARDING SCOPE OF PRACTICE OF CHIROPRACTIC.

  23. Tex. Occupations Code Sec. 201.153. FEES.

  24. Tex. Occupations Code Sec. 201.154. CERTIFICATION FOR MANIPULATION UNDER ANESTHESIA PROHIBITED. Notwithstanding any other provision of this chapter, the board may not adopt a process to certify chiropractors to perform manipulation under anesthesia.

  25. Tex. Occupations Code Sec. 201.155. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.

  26. Tex. Occupations Code Sec. 201.1555. FRAUD.

  27. Tex. Occupations Code Sec. 201.156. BOARD DUTIES REGARDING COMPLAINTS.

  28. Tex. Occupations Code Sec. 201.157. IMMUNITY. In the absence of fraud, conspiracy, or malice, a member or employee of the board, a witness called to testify by the board, or a consultant or hearing officer is not liable in a civil action for any alleged injury, wrong, loss, or damage for any investigation, report, recommendation, statement, evaluation, finding, order, or award made in the course of performing the person's official duties.

  29. Tex. Occupations Code Sec. 201.158. BOARD COMMITTEES.

  30. Tex. Occupations Code Sec. 201.159. RECORDS.

  31. Tex. Occupations Code Sec. 201.160. PAYMENT OF OTHER EXPENSES. The board shall pay the necessary expenses of an employee of the board incurred in the performance of the employee's duties.

  32. Tex. Occupations Code Sec. 201.161. APPROPRIATION FROM STATE TREASURY PROHIBITED. The legislature may not appropriate money, other than fees, from the state treasury for an expenditure made necessary by this chapter.

  33. Tex. Occupations Code Sec. 201.163. POLICY ON TECHNOLOGICAL SOLUTIONS. The board shall implement a policy requiring the board to use appropriate technological solutions to improve the board's ability to perform its functions. The policy must ensure that the public is able to interact with the board on the Internet.

  34. Tex. Occupations Code Sec. 201.164. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY.

  35. Tex. Occupations Code Sec. 201.201. PUBLIC INTEREST INFORMATION.

  36. Tex. Occupations Code Sec. 201.202. PUBLIC PARTICIPATION.

  37. Tex. Occupations Code Sec. 201.203. COMPLAINTS.

  38. Tex. Occupations Code Sec. 201.204. RECORDS OF COMPLAINTS.

  39. Tex. Occupations Code Sec. 201.205. GENERAL RULES REGARDING COMPLAINT INVESTIGATION AND DISPOSITION.

  40. Tex. Occupations Code Sec. 201.206. CONFIDENTIALITY OF COMPLAINTS, INVESTIGATION FILES, AND OTHER INFORMATION.

  41. Tex. Occupations Code Sec. 201.2065. REQUIREMENTS FOR CERTAIN COMPLAINTS.

  42. Tex. Occupations Code Sec. 201.207. INSPECTIONS.

  43. Tex. Occupations Code Sec. 201.208. COOPERATION WITH TEXAS DEPARTMENT OF INSURANCE.

  44. Tex. Occupations Code Sec. 201.209. INFORMATION ON STATUS OF CERTAIN INVESTIGATIONS. The board shall include in the annual financial report required by Section 2101.011, Government Code, information on all investigations conducted by the board with the cooperation and assistance of the Texas Department of Insurance and the Texas Workers' Compensation Commission during the preceding fiscal year.

  45. Tex. Occupations Code Sec. 201.210. EXPERT REVIEW PROCESS.

  46. Tex. Occupations Code Sec. 201.301. LICENSE REQUIRED. A person may not practice chiropractic unless the person holds a license issued by the board.

  47. Tex. Occupations Code Sec. 201.302. LICENSING EXAMINATION APPLICATION.

  48. Tex. Occupations Code Sec. 201.303. EDUCATIONAL REQUIREMENTS.

  49. Tex. Occupations Code Sec. 201.304. EXAMINATION REQUIREMENTS.

  50. Tex. Occupations Code Sec. 201.305. EXAMINATION PROCEDURE.

  51. Tex. Occupations Code Sec. 201.306. EXAMINATION RESULTS.

  52. Tex. Occupations Code Sec. 201.307. REEXAMINATION.

  53. Tex. Occupations Code Sec. 201.308. TEMPORARY LICENSE.

  54. Tex. Occupations Code Sec. 201.309. LICENSE ISSUANCE TO CERTAIN OUT-OF-STATE APPLICANTS. The board shall issue a license to practice chiropractic to an out-of-state applicant who:

  55. Tex. Occupations Code Sec. 201.311. INACTIVE STATUS.

  56. Tex. Occupations Code Sec. 201.313. CRIMINAL HISTORY RECORD INFORMATION FOR LICENSE ISSUANCE.

  57. Tex. Occupations Code Sec. 201.314. SEARCH OF NATIONAL PRACTITIONER DATABASE. The board shall establish a process to search at least one national practitioner database to determine whether another state has taken any disciplinary action against an applicant or license holder before issuing an initial or renewal license under this chapter.

  58. Tex. Occupations Code Sec. 201.351. REGISTRATION. A chiropractor may not practice chiropractic in this state unless the chiropractor registers with the board.

  59. Tex. Occupations Code Sec. 201.352. APPLICATION FOR REGISTRATION.

  60. Tex. Occupations Code Sec. 201.353. LICENSE EXPIRATION DATE.

  61. Tex. Occupations Code Sec. 201.354. LICENSE RENEWAL.

  62. Tex. Occupations Code Sec. 201.3545. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE RENEWAL.

  63. Tex. Occupations Code Sec. 201.355. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER.

  64. Tex. Occupations Code Sec. 201.356. CONTINUING EDUCATION.

  65. Tex. Occupations Code Sec. 201.401. DEFINITION OF PATIENT. In this subchapter, "patient" means any person who consults or is seen by a chiropractor to receive chiropractic care.

  66. Tex. Occupations Code Sec. 201.402. PATIENT CONFIDENTIALITY.

  67. Tex. Occupations Code Sec. 201.403. EXCEPTIONS TO CONFIDENTIALITY FOR ADMINISTRATIVE PROCEDURE.

  68. Tex. Occupations Code Sec. 201.404. EXCEPTIONS TO CONFIDENTIALITY FOR OTHER CIRCUMSTANCES.

  69. Tex. Occupations Code Sec. 201.405. CONSENT FOR RELEASE.

  70. Tex. Occupations Code Sec. 201.451. DELEGATION TO ASSISTANTS.

  71. Tex. Occupations Code Sec. 201.452. USE OF X-RAY.

  72. Tex. Occupations Code Sec. 201.453. MALPRACTICE SETTLEMENT INFORMATION AND EXPERT REPORTS.

  73. Tex. Occupations Code Sec. 201.501. DISCIPLINARY POWERS OF BOARD.

  74. Tex. Occupations Code Sec. 201.502. GROUNDS FOR REFUSAL, REVOCATION, OR SUSPENSION OF LICENSE.

  75. Tex. Occupations Code Sec. 201.5025. PROHIBITED PRACTICES BY CHIROPRACTOR OR LICENSE APPLICANT.

  76. Tex. Occupations Code Sec. 201.5026. UNPROFESSIONAL OR DISHONORABLE CONDUCT.

  77. Tex. Occupations Code Sec. 201.503. SCHEDULE OF SANCTIONS.

  78. Tex. Occupations Code Sec. 201.504. INFORMAL PROCEEDINGS; REFUNDS.

  79. Tex. Occupations Code Sec. 201.505. HEARINGS.

  80. Tex. Occupations Code Sec. 201.506. ENFORCEMENT COMMITTEE.

  81. Tex. Occupations Code Sec. 201.5065. REQUIRED SUSPENSION OR REVOCATION OF LICENSE FOR CERTAIN OFFENSES.

  82. Tex. Occupations Code Sec. 201.507. TEMPORARY LICENSE SUSPENSION.

  83. Tex. Occupations Code Sec. 201.508. POWERS OF DISTRICT COURTS; DUTIES OF DISTRICT AND COUNTY ATTORNEYS.

  84. Tex. Occupations Code Sec. 201.509. REPRESENTATION BY ATTORNEY GENERAL.

  85. Tex. Occupations Code Sec. 201.510. RIGHT TO APPEAL.

  86. Tex. Occupations Code Sec. 201.511. REISSUANCE OF LICENSE.

  87. Tex. Occupations Code Sec. 201.551. IMPOSITION OF ADMINISTRATIVE PENALTY. The board may impose an administrative penalty on a person licensed or regulated under this chapter if the person violates this chapter or a rule or order adopted under this chapter.

  88. Tex. Occupations Code Sec. 201.552. AMOUNT OF PENALTY.

  89. Tex. Occupations Code Sec. 201.553. ENFORCEMENT COMMITTEE RECOMMENDATIONS.

  90. Tex. Occupations Code Sec. 201.554. PENALTY TO BE PAID OR HEARING REQUESTED.

  91. Tex. Occupations Code Sec. 201.555. HEARING ON ENFORCEMENT COMMITTEE RECOMMENDATIONS.

  92. Tex. Occupations Code Sec. 201.556. DECISION BY BOARD.

  93. Tex. Occupations Code Sec. 201.557. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.

  94. Tex. Occupations Code Sec. 201.558. COLLECTION OF PENALTY. If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may, at the direction of the enforcement committee, refer the matter to the attorney general for collection of the penalty.

  95. Tex. Occupations Code Sec. 201.559. DETERMINATION BY COURT.

  96. Tex. Occupations Code Sec. 201.560. REMITTANCE OF PENALTY AND INTEREST.

  97. Tex. Occupations Code Sec. 201.561. ADMINISTRATIVE PROCEDURE. All proceedings under this subchapter are subject to Chapter 2001, Government Code.

  98. Tex. Occupations Code Sec. 201.601. INJUNCTIVE RELIEF.

  99. Tex. Occupations Code Sec. 201.6015. CEASE AND DESIST ORDER.

  100. Tex. Occupations Code Sec. 201.602. MONITORING LICENSE HOLDER. The board by rule shall develop a system for monitoring compliance with the requirements of this chapter of a license holder who is the subject of disciplinary action. Rules adopted under this section must include procedures to:

  101. Tex. Occupations Code Sec. 201.603. CIVIL PENALTY.

  102. Tex. Occupations Code Sec. 201.604. GENERAL CRIMINAL PENALTY. A person commits an offense if the person violates this chapter. An offense under this section is a misdemeanor punishable by a fine of not less than $50 or more than $500 or by confinement in the county jail for not more than 30 days.

  103. Tex. Occupations Code Sec. 201.605. CRIMINAL PENALTY: PRACTICE WITHOUT LICENSE.

  104. Tex. Occupations Code Sec. 201.606. CRIMINAL PENALTY: PROVIDING CHIROPRACTIC TREATMENT OR SERVICES WHILE INTOXICATED.

Chapter 202

  1. Tex. Occupations Code Sec. 202.001. DEFINITIONS.

  2. Tex. Occupations Code Sec. 202.003. APPLICATION OF CHAPTER.

  3. Tex. Occupations Code Sec. 202.051. BOARD MEMBERSHIP.

  4. Tex. Occupations Code Sec. 202.053. PUBLIC MEMBER ELIGIBILITY. A person is not eligible for appointment as a public member of the advisory board if the person or the person's spouse:

  5. Tex. Occupations Code Sec. 202.054. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.

  6. Tex. Occupations Code Sec. 202.055. TERMS; VACANCIES.

  7. Tex. Occupations Code Sec. 202.056. GROUNDS FOR REMOVAL.

  8. Tex. Occupations Code Sec. 202.057. COMPENSATION; REIMBURSEMENT OF EXPENSES. An advisory board member may not receive compensation but is entitled to reimbursement for actual and necessary expenses incurred in performing the functions of the advisory board, subject to the General Appropriations Act.

  9. Tex. Occupations Code Sec. 202.058. PRESIDING OFFICER. The governor shall appoint one of the advisory board members to serve as presiding officer of the advisory board at the pleasure of the governor. The presiding officer may vote on any matter before the advisory board.

  10. Tex. Occupations Code Sec. 202.059. MEETINGS.

  11. Tex. Occupations Code Sec. 202.062. DUTIES OF ADVISORY BOARD. The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.

  12. Tex. Occupations Code Sec. 202.1515. GENERAL POWERS AND DUTIES.

  13. Tex. Occupations Code Sec. 202.153. FEES. The commission by rule shall establish fees in amounts reasonable and necessary to cover the cost of administering this chapter.

  14. Tex. Occupations Code Sec. 202.160. INFORMATION PROVIDED TO LICENSE HOLDERS. At least once each biennium, the department shall provide to license holders information on:

  15. Tex. Occupations Code Sec. 202.161. POISON CONTROL CENTER INFORMATION. The department shall provide to license holders information regarding the services provided by poison control centers.

  16. Tex. Occupations Code Sec. 202.2031. NOTIFICATION TO PARTIES REGARDING COMPLAINT.

  17. Tex. Occupations Code Sec. 202.2032. REQUIREMENTS FOR CERTAIN COMPLAINTS.

  18. Tex. Occupations Code Sec. 202.204. EXPERT WITNESS.

  19. Tex. Occupations Code Sec. 202.251. LICENSE REQUIRED. A person may not practice podiatry or hold the person out as a podiatrist unless the person is licensed under this chapter.

  20. Tex. Occupations Code Sec. 202.252. LICENSE APPLICATION.

  21. Tex. Occupations Code Sec. 202.2525. CRIMINAL HISTORY RECORD INFORMATION FOR LICENSE ISSUANCE.

  22. Tex. Occupations Code Sec. 202.253. GROUNDS FOR DENIAL OF LICENSE.

  23. Tex. Occupations Code Sec. 202.254. EXAMINATION.

  24. Tex. Occupations Code Sec. 202.256. REEXAMINATION.

  25. Tex. Occupations Code Sec. 202.257. ISSUANCE OF LICENSE. The department shall issue a license to each applicant who possesses the qualifications required for a license and passes the examination.

  26. Tex. Occupations Code Sec. 202.258. REFUSAL OF ADMITTANCE TO EXAMINATION. An applicant who is refused admittance to examination may try the issue in a district court in Travis County.

  27. Tex. Occupations Code Sec. 202.259. RESIDENCY LICENSE.

  28. Tex. Occupations Code Sec. 202.261. LIMITED LICENSE FOR PODIATRY FACULTY MEMBERS.

  29. Tex. Occupations Code Sec. 202.262. DISPLAY OF LICENSE.

  30. Tex. Occupations Code Sec. 202.263. ISSUANCE OF DUPLICATE OR AMENDED LICENSE.

  31. Tex. Occupations Code Sec. 202.3015. TERM AND RENEWAL.

  32. Tex. Occupations Code Sec. 202.3025. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE RENEWAL.

  33. Tex. Occupations Code Sec. 202.303. PRACTICE WITHOUT RENEWING LICENSE. A person who practices podiatry with an expired renewal certificate is considered to be practicing without a license and is subject to all the penalties of the practice of podiatry without a license.

  34. Tex. Occupations Code Sec. 202.304. RENEWAL AFTER MILITARY SERVICE.

  35. Tex. Occupations Code Sec. 202.351. PODIATRY SERVICES FOR CERTAIN HEALTH ORGANIZATIONS. A licensed podiatrist may contract with a health organization approved by the Texas State Board of Medical Examiners under Chapter 162 to provide podiatry services for the health organization.

  36. Tex. Occupations Code Sec. 202.352. APPROVAL OF NAMES UNDER WHICH PODIATRIST MAY PRACTICE.

  37. Tex. Occupations Code Sec. 202.353. MALPRACTICE CLAIM REPORTS.

  38. Tex. Occupations Code Sec. 202.354. DELEGATION OF CERTAIN ACTS.

  39. Tex. Occupations Code Sec. 202.401. DEFINITIONS. In this subchapter:

  40. Tex. Occupations Code Sec. 202.402. SCOPE OF PRIVILEGE.

  41. Tex. Occupations Code Sec. 202.403. CLAIM OF PRIVILEGE.

  42. Tex. Occupations Code Sec. 202.404. EXCEPTIONS TO PRIVILEGE AND CONFIDENTIALITY IN CERTAIN PROCEEDINGS.

  43. Tex. Occupations Code Sec. 202.405. OTHER EXCEPTIONS TO PRIVILEGE AND CONFIDENTIALITY REQUIREMENTS.

  44. Tex. Occupations Code Sec. 202.406. CONSENT FOR RELEASE OF CONFIDENTIAL INFORMATION.

  45. Tex. Occupations Code Sec. 202.407. DISCLOSURE OF RELEASED INFORMATION. A person who receives information made confidential by this subchapter may disclose the information to another person only to the extent consistent with the authorized purposes for which consent to release the information was obtained.

  46. Tex. Occupations Code Sec. 202.451. DEFINITIONS. In this subchapter:

  47. Tex. Occupations Code Sec. 202.452. DISCLOSURE OF COMMUNICATIONS MADE TO PEER REVIEW COMMITTEE.

  48. Tex. Occupations Code Sec. 202.453. INFORMATION PROVIDED TO AFFECTED PODIATRIST. A podiatric peer review committee that takes action that could result in censure or suspension, restriction, limitation, or revocation of a license by the commission or executive director or a denial of a podiatrist's membership or privileges in a health care entity shall provide the affected podiatrist a written copy of the committee's recommendation and a copy of the final decision, including a statement of the basis for the decision.

  49. Tex. Occupations Code Sec. 202.454. CONFIDENTIALITY REQUIREMENTS.

  50. Tex. Occupations Code Sec. 202.455. PRIVILEGE OF CONFIDENTIALITY; WAIVER.

  51. Tex. Occupations Code Sec. 202.456. IMMUNITY.

  52. Tex. Occupations Code Sec. 202.457. CLAIMS FOR DEFENSE COSTS. A podiatric peer review committee, a person participating in peer review, or another entity named as a defendant in a civil action filed as a result of the defendant's participation in peer review may file a counterclaim in the pending action or may prove a cause of action in a subsequent suit to recover defense costs, including court costs, attorney's fees, and damages incurred as a result of the civil action, if the plaintiff's original suit is determined to be frivolous or to have been brought in bad faith.

  53. Tex. Occupations Code Sec. 202.501. DISCIPLINARY POWERS; ADMINISTRATIVE PROCEDURE.

  54. Tex. Occupations Code Sec. 202.5015. CERTAIN CONDUCT CONSTITUTING CHAPTER VIOLATION. A license holder who engages in conduct described by Section 202.253 violates this chapter.

  55. Tex. Occupations Code Sec. 202.502. REVOCATION AND SUSPENSION OF LICENSE FOR DRUG-RELATED FELONY CONVICTION.

  56. Tex. Occupations Code Sec. 202.503. PROBATION.

  57. Tex. Occupations Code Sec. 202.504. REISSUANCE OF LICENSE.

  58. Tex. Occupations Code Sec. 202.505. REEXAMINATION IF LICENSE SUSPENDED OR REVOKED. The department may refuse to reinstate a license or to issue a new license until a podiatrist has passed the regular license examination if the commission or executive director suspended or revoked the license for:

  59. Tex. Occupations Code Sec. 202.506. APPLICATION TO CERTAIN DRUG OFFENSES. A person convicted of a felony under Chapter 481 or 483, Health and Safety Code, or Section 485.033, Health and Safety Code, is not eligible for:

  60. Tex. Occupations Code Sec. 202.5071. SUBPOENA AUTHORITY. The department may issue a subpoena as provided by Section 51.3512.

  61. Tex. Occupations Code Sec. 202.509. CONFIDENTIALITY AND DISCLOSURE OF INVESTIGATIVE INFORMATION.

  62. Tex. Occupations Code Sec. 202.602. MONITORING AND INSPECTION OF LICENSE HOLDER.

  63. Tex. Occupations Code Sec. 202.603. PROSECUTION OF VIOLATION. The department shall take action to ensure the prosecution of each person who violates this chapter and may incur reasonably necessary related expenses.

  64. Tex. Occupations Code Sec. 202.604. CIVIL PENALTY: USE OF TRADE NAME; INJUNCTION.

  65. Tex. Occupations Code Sec. 202.605. GENERAL CRIMINAL PENALTY: PRACTICING WITHOUT LICENSE.

  66. Tex. Occupations Code Sec. 202.606. CRIMINAL PENALTY: AMPUTATION OF FOOT.

Chapter 203

  1. Tex. Occupations Code Sec. 203.001. SHORT TITLE. This chapter may be cited as the Texas Midwifery Act.

  2. Tex. Occupations Code Sec. 203.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 203.003. FINDINGS. The legislature finds:

  4. Tex. Occupations Code Sec. 203.004. APPLICABILITY. This chapter does not apply to:

  5. Tex. Occupations Code Sec. 203.005. EFFECT ON LOCAL ORDINANCES. This chapter does not prohibit a municipality from adopting a local ordinance or rule to regulate the practice of midwifery in the municipality if the ordinance or rule is compatible with and at least as strict as this chapter and commission rules.

  6. Tex. Occupations Code Sec. 203.052. ADVISORY BOARD MEMBERSHIP.

  7. Tex. Occupations Code Sec. 203.0521. DUTIES OF ADVISORY BOARD. The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.

  8. Tex. Occupations Code Sec. 203.055. TERMS; VACANCIES.

  9. Tex. Occupations Code Sec. 203.056. PRESIDING OFFICER. The presiding officer of the commission shall designate a member of the advisory board to serve as the presiding officer of the advisory board to serve for a term of two years. The presiding officer of the advisory board may vote on any matter before the advisory board.

  10. Tex. Occupations Code Sec. 203.059. MEETINGS. The advisory board shall meet at the call of the presiding officer of the commission or the executive director.

  11. Tex. Occupations Code Sec. 203.151. GENERAL POWERS AND DUTIES.

  12. Tex. Occupations Code Sec. 203.153. MANUALS.

  13. Tex. Occupations Code Sec. 203.154. REPORTS ON MIDWIFERY.

  14. Tex. Occupations Code Sec. 203.155. COMPLAINTS.

  15. Tex. Occupations Code Sec. 203.157. ROSTER; NOTICE TO COUNTY OFFICIALS.

  16. Tex. Occupations Code Sec. 203.251. LICENSE REQUIRED.

  17. Tex. Occupations Code Sec. 203.252. QUALIFICATIONS FOR INITIAL LICENSE.

  18. Tex. Occupations Code Sec. 203.253. LICENSE APPLICATION. A person who practices midwifery must apply to the department to be licensed as a midwife in the manner and on a form prescribed by the executive director. The application must:

  19. Tex. Occupations Code Sec. 203.254. BASIC MIDWIFERY EDUCATION. The commission shall establish requirements for basic midwifery education.

  20. Tex. Occupations Code Sec. 203.255. EXAMINATION.

  21. Tex. Occupations Code Sec. 203.2555. JURISPRUDENCE EXAMINATION.

  22. Tex. Occupations Code Sec. 203.256. TRAINING IN NEWBORN SCREENING AND BASIC LIFE SUPPORT CARDIOPULMONARY RESUSCITATION. A person who practices midwifery in this state must provide the department with satisfactory evidence that the person:

  23. Tex. Occupations Code Sec. 203.301. APPLICATION FOR LICENSE RENEWAL. An applicant for renewal of a license under this chapter must apply biennially as provided in Section 203.253.

  24. Tex. Occupations Code Sec. 203.305. REQUIRED ATTENDANCE AT SPECIFIC MIDWIFERY EDUCATION COURSES. The department may assess the continuing education needs of licensed midwives and may require licensed midwives to attend continuing midwifery education courses specified by the department.

  25. Tex. Occupations Code Sec. 203.306. GROUNDS FOR REFUSING RENEWAL. The department may refuse to renew the license of a person who fails to pay an administrative penalty unless enforcement of the penalty is stayed or a court has ordered that the administrative penalty is not owed.

  26. Tex. Occupations Code Sec. 203.351. INFORMED CHOICE AND DISCLOSURE REQUIREMENTS.

  27. Tex. Occupations Code Sec. 203.352. PRENATAL AND CERTAIN MEDICAL CARE ENCOURAGED. A midwife shall encourage a client to seek:

  28. Tex. Occupations Code Sec. 203.353. PREVENTION OF OPHTHALMIA NEONATORUM.

  29. Tex. Occupations Code Sec. 203.354. NEWBORN SCREENING.

  30. Tex. Occupations Code Sec. 203.355. SUPPORT SERVICES.

  31. Tex. Occupations Code Sec. 203.356. IMMUNITY.

  32. Tex. Occupations Code Sec. 203.357. ADDITIONAL INFORMATION REQUIRED.

  33. Tex. Occupations Code Sec. 203.401. PROHIBITED PRACTICES. A midwife may not:

  34. Tex. Occupations Code Sec. 203.402. PROHIBITED REPRESENTATION. A midwife may not:

  35. Tex. Occupations Code Sec. 203.403. PROHIBITED USE OF TITLE.

  36. Tex. Occupations Code Sec. 203.404. GROUNDS FOR DISCIPLINARY ACTION.

  37. Tex. Occupations Code Sec. 203.502. INJUNCTIONS.

  38. Tex. Occupations Code Sec. 203.503. VENUE.

  39. Tex. Occupations Code Sec. 203.505. CEASE AND DESIST ORDER.

Chapter 204

  1. Tex. Occupations Code Sec. 204.001. SHORT TITLE. This chapter may be cited as the Physician Assistant Licensing Act.

  2. Tex. Occupations Code Sec. 204.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 204.003. APPLICABILITY.

  4. Tex. Occupations Code Sec. 204.051. TEXAS PHYSICIAN ASSISTANT BOARD.

  5. Tex. Occupations Code Sec. 204.052. APPOINTMENT OF BOARD.

  6. Tex. Occupations Code Sec. 204.053. MEMBERSHIP ELIGIBILITY AND RESTRICTIONS.

  7. Tex. Occupations Code Sec. 204.054. TERMS; VACANCIES.

  8. Tex. Occupations Code Sec. 204.055. OFFICERS. The governor shall designate a physician assistant member of the physician assistant board as the presiding officer of the board to serve in that capacity at the will of the governor. The physician assistant board shall select from its membership a secretary to serve a one-year term.

  9. Tex. Occupations Code Sec. 204.056. GROUNDS FOR REMOVAL.

  10. Tex. Occupations Code Sec. 204.057. PER DIEM. A member of the physician assistant board is entitled to receive a per diem as set by legislative appropriation for each day that the member engages in the business of the board. If the General Appropriations Act does not prescribe the amount of the per diem, the per diem is equal to a member's actual expenses for meals, lodging, and transportation plus $100.

  11. Tex. Occupations Code Sec. 204.058. OPEN MEETINGS; ADMINISTRATIVE PROCEDURE LAW. Except as otherwise provided by this chapter, the physician assistant board is subject to Chapters 551 and 2001, Government Code.

  12. Tex. Occupations Code Sec. 204.0585. EXECUTIVE SESSION. After hearing all evidence and arguments in an open meeting, the physician assistant board may conduct deliberations relating to a license application or disciplinary action in an executive session. The board shall vote and announce its decision in open session.

  13. Tex. Occupations Code Sec. 204.059. TRAINING.

  14. Tex. Occupations Code Sec. 204.101. GENERAL POWERS AND DUTIES OF BOARD. The physician assistant board shall:

  15. Tex. Occupations Code Sec. 204.1015. GUIDELINES FOR EARLY INVOLVEMENT IN RULEMAKING PROCESS.

  16. Tex. Occupations Code Sec. 204.102. POWERS AND DUTIES OF MEDICAL BOARD RELATING TO PHYSICIAN ASSISTANTS.

  17. Tex. Occupations Code Sec. 204.1025. DUTIES REGARDING PRESCRIPTIVE AUTHORITY AGREEMENTS. The physician assistant board shall in conjunction with the Texas Medical Board and the Texas Board of Nursing perform the functions and duties relating to prescriptive authority agreements assigned to the physician assistant board in Sections 157.0512 and 157.0513.

  18. Tex. Occupations Code Sec. 204.103. FEES. The physician assistant board shall establish and collect fees in amounts that are reasonable and necessary to cover the cost of administering this chapter.

  19. Tex. Occupations Code Sec. 204.104. RURAL PHYSICIAN ASSISTANT LOAN REIMBURSEMENT PROGRAM.

  20. Tex. Occupations Code Sec. 204.105. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION. The physician assistant board shall adopt rules and guidelines as necessary to comply with Chapter 53, except to the extent the requirements of this chapter are stricter than the requirements of Chapter 53.

  21. Tex. Occupations Code Sec. 204.106. DIVISION OF RESPONSIBILITIES. Subject to the advice and approval of the medical board, the physician assistant board shall develop and implement policies that clearly separate the policy-making responsibilities of the physician assistant board and the management responsibilities of the executive director and the staff of the medical board.

  22. Tex. Occupations Code Sec. 204.107. PUBLIC PARTICIPATION. Subject to the advice and approval of the medical board, the physician assistant board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the physician assistant board and to speak on any issue under the jurisdiction of the physician assistant board.

  23. Tex. Occupations Code Sec. 204.108. RECORDS OF COMPLAINTS.

  24. Tex. Occupations Code Sec. 204.109. USE OF TECHNOLOGY. Subject to the advice and approval of the medical board, the physician assistant board shall implement a policy requiring the physician assistant board to use appropriate technological solutions to improve the physician assistant board's ability to perform its functions. The policy must ensure that the public is able to interact with the board on the Internet.

  25. Tex. Occupations Code Sec. 204.110. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY.

  26. Tex. Occupations Code Sec. 204.151. LICENSE REQUIRED. A person may not practice as a physician assistant in this state unless the person holds a physician assistant license issued under this chapter.

  27. Tex. Occupations Code Sec. 204.152. ISSUANCE OF LICENSE.

  28. Tex. Occupations Code Sec. 204.1525. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE ISSUANCE.

  29. Tex. Occupations Code Sec. 204.153. ELIGIBILITY REQUIREMENTS.

  30. Tex. Occupations Code Sec. 204.154. EXEMPTIONS FROM LICENSING REQUIREMENT FOR CERTAIN PHYSICIAN ASSISTANTS. A person is not required to hold a license issued under this chapter to practice as:

  31. Tex. Occupations Code Sec. 204.155. TEMPORARY LICENSE.

  32. Tex. Occupations Code Sec. 204.156. LICENSE RENEWAL.

  33. Tex. Occupations Code Sec. 204.1561. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR RENEWAL.

  34. Tex. Occupations Code Sec. 204.1562. CONTINUING MEDICAL EDUCATION REQUIREMENTS.

  35. Tex. Occupations Code Sec. 204.1563. CONTINUING EDUCATION IN FORENSIC EVIDENCE COLLECTION.

  36. Tex. Occupations Code Sec. 204.1565. INFORMAL CONTINUING MEDICAL EDUCATION.

  37. Tex. Occupations Code Sec. 204.157. INACTIVE STATUS.

  38. Tex. Occupations Code Sec. 204.158. REFUSAL FOR VIOLATION OF BOARD ORDER. The physician assistant board may refuse to renew a license issued under this chapter if the license holder is in violation of a physician assistant board order.

  39. Tex. Occupations Code Sec. 204.159. LICENSING OF CERTAIN MILITARY VETERANS.

  40. Tex. Occupations Code Sec. 204.201. NOTICE OF INTENT TO PRACTICE.

  41. Tex. Occupations Code Sec. 204.202. SCOPE OF PRACTICE.

  42. Tex. Occupations Code Sec. 204.203. IDENTIFICATION REQUIREMENTS. A physician assistant shall:

  43. Tex. Occupations Code Sec. 204.204. SUPERVISION REQUIREMENTS.

  44. Tex. Occupations Code Sec. 204.2045. VOLUNTEER CARE AND SERVICES PERFORMED DURING DISASTER.

  45. Tex. Occupations Code Sec. 204.205. REQUIREMENTS FOR SUPERVISING PHYSICIAN. A supervising physician must:

  46. Tex. Occupations Code Sec. 204.206. ESTABLISHMENT OF CERTAIN FUNCTIONS AND STANDARDS. Each physician assistant and the physician assistant's supervising physician shall ensure that:

  47. Tex. Occupations Code Sec. 204.207. ASSUMPTION OF PROFESSIONAL LIABILITY.

  48. Tex. Occupations Code Sec. 204.208. DUTY TO REPORT; MEDICAL PEER REVIEW.

  49. Tex. Occupations Code Sec. 204.209. JOINTLY OWNED ENTITIES WITH PHYSICIANS.

  50. Tex. Occupations Code Sec. 204.210. PROTECTION FOR REFUSAL TO ENGAGE IN CERTAIN CONDUCT.

  51. Tex. Occupations Code Sec. 204.251. COMPLAINT INFORMATION AND STATUS.

  52. Tex. Occupations Code Sec. 204.2511. CONDUCT OF INVESTIGATION. The physician assistant board shall complete a preliminary investigation of a complaint filed with the physician assistant board not later than the 30th day after the date of receiving the complaint. The physician assistant board shall first determine whether the physician assistant constitutes a continuing threat to the public welfare. On completion of the preliminary investigation, the physician assistant board shall determine whether to officially proceed on the complaint. If the physician assistant board fails to complete the preliminary investigation in the time required by this section, the physician assistant board's official investigation of the complaint is considered to commence on that date.

  53. Tex. Occupations Code Sec. 204.252. LICENSE HOLDER ACCESS TO COMPLAINT INFORMATION.

  54. Tex. Occupations Code Sec. 204.253. HEALTH CARE ENTITY REQUEST FOR INFORMATION. On the written request of a health care entity, the physician assistant board shall provide to the entity:

  55. Tex. Occupations Code Sec. 204.254. CONFIDENTIALITY OF INVESTIGATIVE INFORMATION. A complaint, adverse report, investigation file, other report, or other investigative information in the possession of or received or gathered by the physician assistant board or a board employee or agent relating to a license holder, a license application, or a criminal investigation or proceeding is privileged and confidential and is not subject to discovery, subpoena, or other means of legal compulsion for release to any person other than the board or a board employee or agent involved in license holder discipline.

  56. Tex. Occupations Code Sec. 204.255. PERMITTED DISCLOSURE OF INVESTIGATIVE INFORMATION.

  57. Tex. Occupations Code Sec. 204.301. DISCIPLINARY AUTHORITY OF BOARD.

  58. Tex. Occupations Code Sec. 204.3011. DELEGATION OF CERTAIN COMPLAINT DISPOSITIONS.

  59. Tex. Occupations Code Sec. 204.302. CONDUCT RELATED TO FRAUD OR MISREPRESENTATION. The physician assistant board may take action under Section 204.301 against an applicant or license holder who:

  60. Tex. Occupations Code Sec. 204.303. CONDUCT RELATED TO VIOLATION OF LAW.

  61. Tex. Occupations Code Sec. 204.304. CONDUCT INDICATING LACK OF FITNESS.

  62. Tex. Occupations Code Sec. 204.3045. PHYSICAL OR MENTAL EXAMINATION.

  63. Tex. Occupations Code Sec. 204.308. SUBPOENA.

  64. Tex. Occupations Code Sec. 204.309. PROTECTION OF PATIENT IDENTITY. In a disciplinary investigation or proceeding conducted under this chapter, the physician assistant board shall protect the identity of each patient whose medical records are examined and used in a public proceeding unless the patient:

  65. Tex. Occupations Code Sec. 204.310. REQUIRED SUSPENSION OF LICENSE OF INCARCERATED PHYSICIAN ASSISTANT. Regardless of the offense, the physician assistant board shall suspend the license of a physician assistant serving a prison term in a state or federal penitentiary during the term of the incarceration.

  66. Tex. Occupations Code Sec. 204.311. TEMPORARY SUSPENSION.

  67. Tex. Occupations Code Sec. 204.312. INFORMAL PROCEEDINGS.

  68. Tex. Occupations Code Sec. 204.313. PHYSICIAN ASSISTANT BOARD REPRESENTATION IN INFORMAL PROCEEDINGS.

  69. Tex. Occupations Code Sec. 204.314. ROLES AND RESPONSIBILITIES OF PARTICIPANTS IN INFORMAL PROCEEDINGS.

  70. Tex. Occupations Code Sec. 204.3145. LIMIT ON ACCESS TO INVESTIGATION FILES. The physician assistant board shall prohibit or limit access to an investigation file relating to a license holder in an informal proceeding in the manner provided by Section 164.007(c).

  71. Tex. Occupations Code Sec. 204.315. SURRENDER OF LICENSE.

  72. Tex. Occupations Code Sec. 204.316. REFUND.

  73. Tex. Occupations Code Sec. 204.317. MODIFICATION OF FINDINGS OR RULINGS BY ADMINISTRATIVE LAW JUDGE. The physician assistant board may change a finding of fact or conclusion of law or vacate or modify an order of an administrative law judge only if the physician assistant board makes a determination required by Section 2001.058(e), Government Code.

  74. Tex. Occupations Code Sec. 204.318. EXPERT IMMUNITY. An expert who assists the physician assistant board is immune from suit and judgment and may not be subjected to a suit for damages for any investigation, report, recommendation, statement, evaluation, finding, or other action taken without fraud or malice in the course of assisting the board in a disciplinary proceeding. The attorney general shall represent the expert in any suit resulting from a service provided by the person in good faith to the physician assistant board.

  75. Tex. Occupations Code Sec. 204.351. ADMINISTRATIVE PENALTY.

  76. Tex. Occupations Code Sec. 204.352. CRIMINAL PENALTY.

  77. Tex. Occupations Code Sec. 204.353. CEASE AND DESIST ORDER.

Chapter 205

  1. Tex. Occupations Code Sec. 205.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 205.003. EXEMPTION; LIMITATION.

  3. Tex. Occupations Code Sec. 205.051. BOARD; MEMBERSHIP.

  4. Tex. Occupations Code Sec. 205.052. PUBLIC MEMBER ELIGIBILITY. A person is not eligible for appointment as a public member of the acupuncture board if the person or the person's spouse:

  5. Tex. Occupations Code Sec. 205.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.

  6. Tex. Occupations Code Sec. 205.054. TERMS; VACANCIES.

  7. Tex. Occupations Code Sec. 205.055. PRESIDING OFFICER. The governor shall designate an acupuncturist member of the acupuncture board as presiding officer. The presiding officer serves in that capacity at the will of the governor.

  8. Tex. Occupations Code Sec. 205.056. GROUNDS FOR REMOVAL.

  9. Tex. Occupations Code Sec. 205.057. TRAINING.

  10. Tex. Occupations Code Sec. 205.058. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The executive director or the executive director's designee shall provide, as often as necessary, to members of the acupuncture board information regarding their:

  11. Tex. Occupations Code Sec. 205.059. COMPENSATION; PER DIEM. An acupuncture board member may not receive compensation for service on the acupuncture board but is entitled to receive a per diem as set by legislative appropriation for transportation and related expenses incurred for each day that the member engages in the acupuncture board's business.

  12. Tex. Occupations Code Sec. 205.060. APPLICATION OF OPEN MEETINGS, OPEN RECORDS, AND ADMINISTRATIVE PROCEDURE LAWS. Except as provided by this chapter, the acupuncture board is subject to Chapters 551, 552, and 2001, Government Code.

  13. Tex. Occupations Code Sec. 205.101. GENERAL POWERS AND DUTIES OF ACUPUNCTURE BOARD.

  14. Tex. Occupations Code Sec. 205.102. ASSISTANCE BY MEDICAL BOARD.

  15. Tex. Occupations Code Sec. 205.103. FEES. The medical board shall set and collect fees in amounts that are reasonable and necessary to cover the costs of administering and enforcing this chapter without the use of any other funds generated by the medical board.

  16. Tex. Occupations Code Sec. 205.104. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.

  17. Tex. Occupations Code Sec. 205.1041. GUIDELINES FOR EARLY INVOLVEMENT IN RULEMAKING PROCESS.

  18. Tex. Occupations Code Sec. 205.1045. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION. The acupuncture board shall adopt rules and guidelines as necessary to comply with Chapter 53, except to the extent the requirements of this chapter are stricter than the requirements of Chapter 53.

  19. Tex. Occupations Code Sec. 205.106. USE OF TECHNOLOGY. Subject to the advice and approval of the medical board, the acupuncture board shall implement a policy requiring the acupuncture board to use appropriate technological solutions to improve the acupuncture board's ability to perform its functions. The policy must ensure that the public is able to interact with the acupuncture board on the Internet.

  20. Tex. Occupations Code Sec. 205.107. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY.

  21. Tex. Occupations Code Sec. 205.151. PUBLIC INTEREST INFORMATION.

  22. Tex. Occupations Code Sec. 205.152. COMPLAINTS.

  23. Tex. Occupations Code Sec. 205.1521. CONDUCT OF INVESTIGATION. The acupuncture board shall complete a preliminary investigation of a complaint received by the acupuncture board not later than the 30th day after the date of receiving the complaint. The acupuncture board shall first determine whether the acupuncturist constitutes a continuing threat to the public welfare. On completion of the preliminary investigation, the acupuncture board shall determine whether to officially proceed on the complaint. If the acupuncture board fails to complete the preliminary investigation in the time required by this section, the acupuncture board's official investigation of the complaint is considered to commence on that date.

  24. Tex. Occupations Code Sec. 205.153. PUBLIC PARTICIPATION.

  25. Tex. Occupations Code Sec. 205.201. LICENSE REQUIRED. Except as provided by Section 205.303, a person may not practice acupuncture in this state unless the person holds a license to practice acupuncture issued by the acupuncture board under this chapter.

  26. Tex. Occupations Code Sec. 205.202. ISSUANCE OF LICENSE.

  27. Tex. Occupations Code Sec. 205.2025. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE ISSUANCE.

  28. Tex. Occupations Code Sec. 205.203. LICENSE EXAMINATION.

  29. Tex. Occupations Code Sec. 205.204. APPLICATION FOR EXAMINATION. An application for examination must be:

  30. Tex. Occupations Code Sec. 205.2045. APPEARANCE OF APPLICANT BEFORE ACUPUNCTURE BOARD. An applicant for a license to practice acupuncture may not be required to appear before the acupuncture board or a committee of the acupuncture board unless the application raises questions concerning:

  31. Tex. Occupations Code Sec. 205.205. EXAMINATION RESULTS.

  32. Tex. Occupations Code Sec. 205.206. ACUPUNCTURE SCHOOLS.

  33. Tex. Occupations Code Sec. 205.207. RECIPROCAL LICENSE. The medical board may waive any license requirement for an applicant after reviewing the applicant's credentials and determining that the applicant holds a license from another state that has license requirements substantially equivalent to those of this state.

  34. Tex. Occupations Code Sec. 205.208. TEMPORARY LICENSE.

  35. Tex. Occupations Code Sec. 205.251. RENEWAL REQUIRED.

  36. Tex. Occupations Code Sec. 205.2515. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR RENEWAL.

  37. Tex. Occupations Code Sec. 205.252. NOTICE OF LICENSE EXPIRATION. Not later than the 30th day before the expiration date of a person's license, the medical board shall send written notice of the impending license expiration to the person at the person's last known address according to the records of the medical board.

  38. Tex. Occupations Code Sec. 205.253. PROCEDURE FOR RENEWAL.

  39. Tex. Occupations Code Sec. 205.254. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER.

  40. Tex. Occupations Code Sec. 205.255. CONTINUING EDUCATION.

  41. Tex. Occupations Code Sec. 205.256. REFUSAL FOR VIOLATION OF BOARD ORDER. The acupuncture board may refuse to renew a license issued under this chapter if the license holder is in violation of an acupuncture board order.

  42. Tex. Occupations Code Sec. 205.301. REFERRAL BY OTHER HEALTH CARE PRACTITIONER REQUIRED.

  43. Tex. Occupations Code Sec. 205.302. AUTHORIZED PRACTICE WITHOUT REFERRAL.

  44. Tex. Occupations Code Sec. 205.303. ACUDETOX SPECIALIST.

  45. Tex. Occupations Code Sec. 205.304. PROFESSIONAL REVIEW ACTION. Sections 160.002, 160.003, 160.006, 160.007(d), 160.013, 160.014, and 160.015 apply to professional review actions relating to the practice of acupuncture by an acupuncturist or acupuncturist student.

  46. Tex. Occupations Code Sec. 205.305. LICENSE HOLDER INFORMATION.

  47. Tex. Occupations Code Sec. 205.351. GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY ACTION.

  48. Tex. Occupations Code Sec. 205.352. DISCIPLINARY POWERS OF ACUPUNCTURE BOARD.

  49. Tex. Occupations Code Sec. 205.3522. SURRENDER OF LICENSE.

  50. Tex. Occupations Code Sec. 205.3523. PHYSICAL OR MENTAL EXAMINATION.

  51. Tex. Occupations Code Sec. 205.354. RULES FOR DISCIPLINARY PROCEEDINGS. Rules of practice adopted by the medical board under Section 2001.004, Government Code, applicable to the proceedings for a disciplinary action may not conflict with rules adopted by the State Office of Administrative Hearings.

  52. Tex. Occupations Code Sec. 205.3541. INFORMAL PROCEEDINGS.

  53. Tex. Occupations Code Sec. 205.3542. ACUPUNCTURE BOARD REPRESENTATION IN INFORMAL PROCEEDINGS.

  54. Tex. Occupations Code Sec. 205.3543. ROLES AND RESPONSIBILITIES OF PARTICIPANTS IN INFORMAL PROCEEDINGS.

  55. Tex. Occupations Code Sec. 205.3544. LIMIT ON ACCESS TO INVESTIGATION FILES. The acupuncture board shall prohibit or limit access to an investigation file relating to a license holder in an informal proceeding in the manner provided by Section 164.007(c).

  56. Tex. Occupations Code Sec. 205.355. REQUIRED DISCIPLINARY ACTION FOR FAILURE TO OBTAIN REFERRAL. Except as provided by Section 205.301(a)(2), a license to practice acupuncture shall be denied or, after notice and hearing, revoked if the applicant or license holder violates Section 205.301(a)(1).

  57. Tex. Occupations Code Sec. 205.356. REHABILITATION ORDER.

  58. Tex. Occupations Code Sec. 205.3561. EXPERT IMMUNITY. An expert who assists the acupuncture board is immune from suit and judgment and may not be subjected to a suit for damages for any investigation, report, recommendation, statement, evaluation, finding, or other action taken without fraud or malice in the course of assisting the board in a disciplinary proceeding. The attorney general shall represent the expert in any suit resulting from a service provided by the expert in good faith to the acupuncture board.

  59. Tex. Occupations Code Sec. 205.3562. RESPONSIBILITIES OF PRIVATE ASSOCIATIONS.

  60. Tex. Occupations Code Sec. 205.357. EFFECT OF REHABILITATION ORDER.

  61. Tex. Occupations Code Sec. 205.358. AUDIT OF REHABILITATION ORDER.

  62. Tex. Occupations Code Sec. 205.359. SUBPOENA.

  63. Tex. Occupations Code Sec. 205.360. DELEGATION OF CERTAIN COMPLAINT DISPOSITIONS.

  64. Tex. Occupations Code Sec. 205.361. TEMPORARY SUSPENSION.

  65. Tex. Occupations Code Sec. 205.362. CEASE AND DESIST ORDER.

  66. Tex. Occupations Code Sec. 205.363. REFUND.

  67. Tex. Occupations Code Sec. 205.364. MODIFICATION OF FINDINGS OR RULINGS BY ADMINISTRATIVE LAW JUDGE. The acupuncture board may change a finding of fact or conclusion of law or vacate or modify an order of an administrative law judge only if the acupuncture board makes a determination required by Section 2001.058(e), Government Code.

  68. Tex. Occupations Code Sec. 205.401. CRIMINAL PENALTY.

  69. Tex. Occupations Code Sec. 205.402. INJUNCTIVE RELIEF; CIVIL PENALTY.

  70. Tex. Occupations Code Sec. 205.451. IMPOSITION OF ADMINISTRATIVE PENALTY. The acupuncture board by order may impose an administrative penalty against a person licensed or regulated under this chapter who violates this chapter or a rule or order adopted under this chapter.

  71. Tex. Occupations Code Sec. 205.452. PROCEDURE.

  72. Tex. Occupations Code Sec. 205.453. AMOUNT OF PENALTY.

  73. Tex. Occupations Code Sec. 205.454. NOTICE OF VIOLATION AND PENALTY.

  74. Tex. Occupations Code Sec. 205.455. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.

  75. Tex. Occupations Code Sec. 205.456. COLLECTION OF PENALTY. If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the presiding officer of the acupuncture board may refer the matter to the attorney general for collection of the penalty.

  76. Tex. Occupations Code Sec. 205.457. DETERMINATION BY COURT.

  77. Tex. Occupations Code Sec. 205.458. REMITTANCE OF PENALTY AND INTEREST.

Chapter 206

  1. Tex. Occupations Code Sec. 206.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 206.002. APPLICABILITY.

  3. Tex. Occupations Code Sec. 206.051. ADVISORY COMMITTEE.

  4. Tex. Occupations Code Sec. 206.052. APPOINTMENT OF ADVISORY COMMITTEE.

  5. Tex. Occupations Code Sec. 206.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.

  6. Tex. Occupations Code Sec. 206.054. TERMS; VACANCY.

  7. Tex. Occupations Code Sec. 206.055. GROUNDS FOR REMOVAL.

  8. Tex. Occupations Code Sec. 206.056. OFFICERS. The president of the medical board shall designate biennially a committee member as the presiding officer of the advisory committee to serve in that capacity at the will of the president.

  9. Tex. Occupations Code Sec. 206.057. PER DIEM. An advisory committee member is not entitled to reimbursement for travel expenses or compensation.

  10. Tex. Occupations Code Sec. 206.058. MEETINGS.

  11. Tex. Occupations Code Sec. 206.101. GENERAL POWERS AND DUTIES. The medical board shall:

  12. Tex. Occupations Code Sec. 206.103. GIFTS, GRANTS, AND DONATIONS. In addition to any fees paid to the medical board or money appropriated to the medical board, the medical board may receive and accept under this chapter a gift, grant, donation, or other item of value from any source, including the United States or a private source.

  13. Tex. Occupations Code Sec. 206.151. PUBLIC PARTICIPATION.

  14. Tex. Occupations Code Sec. 206.152. PUBLIC INTEREST INFORMATION.

  15. Tex. Occupations Code Sec. 206.153. COMPLAINTS.

  16. Tex. Occupations Code Sec. 206.154. RECORDS OF COMPLAINTS.

  17. Tex. Occupations Code Sec. 206.155. LICENSE HOLDER ACCESS TO COMPLAINT INFORMATION.

  18. Tex. Occupations Code Sec. 206.156. HEALTH CARE ENTITY REQUEST FOR INFORMATION. On the written request of a health care entity, the medical board shall provide to the entity:

  19. Tex. Occupations Code Sec. 206.157. CONFIDENTIALITY OF INVESTIGATIVE INFORMATION. A complaint, adverse report, investigation file, or other report, the identity of and reports made by a physician or surgical assistant performing or supervising compliance monitoring for the medical board, or other investigative information in the possession of or received or gathered by the medical board, medical board employee or agent relating to a license holder, a license application, or a criminal investigation or proceeding is privileged and confidential and is not subject to discovery, subpoena, or other means of legal compulsion for release to any person other than the medical board or medical board employee or agent involved in license holder discipline.

  20. Tex. Occupations Code Sec. 206.1575. CONDUCT OF INVESTIGATION. The medical board shall complete a preliminary investigation of a complaint not later than the 30th day after the date of receiving the complaint. The medical board shall first determine whether the surgical assistant constitutes a continuing threat to the public welfare. On completion of the preliminary investigation, the medical board shall determine whether to officially proceed on the complaint. If the medical board fails to complete the preliminary investigation in the time required by this section, the medical board's official investigation is considered to commence on that date.

  21. Tex. Occupations Code Sec. 206.158. PERMITTED DISCLOSURE OF INVESTIGATIVE INFORMATION.

  22. Tex. Occupations Code Sec. 206.159. IMMUNITY AND REPORTING REQUIREMENTS.

  23. Tex. Occupations Code Sec. 206.201. LICENSE REQUIRED.

  24. Tex. Occupations Code Sec. 206.202. LICENSE APPLICATION. An applicant for a license must:

  25. Tex. Occupations Code Sec. 206.2025. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE ISSUANCE.

  26. Tex. Occupations Code Sec. 206.203. LICENSE ELIGIBILITY.

  27. Tex. Occupations Code Sec. 206.204. EXAMINATION. An applicant for a surgical assistant license must pass a surgical assistant examination approved by the medical board. Any written portion of the examination must be validated by an independent testing professional.

  28. Tex. Occupations Code Sec. 206.205. SPECIAL ELIGIBILITY FOR LICENSE.

  29. Tex. Occupations Code Sec. 206.206. TEMPORARY LICENSE.

  30. Tex. Occupations Code Sec. 206.207. ASSISTANCE BY MEDICAL BOARD. The medical board shall provide administrative and clerical employees as necessary to administer this subchapter.

  31. Tex. Occupations Code Sec. 206.208. FEES.

  32. Tex. Occupations Code Sec. 206.209. ISSUANCE AND RENEWAL OF LICENSE.

  33. Tex. Occupations Code Sec. 206.210. LICENSE RENEWAL.

  34. Tex. Occupations Code Sec. 206.2105. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR RENEWAL.

  35. Tex. Occupations Code Sec. 206.211. NOTICE OF LICENSE RENEWAL. At least 30 days before the expiration of a person's license, the medical board shall send written notice of the impending license expiration to the person at the license holder's last known address according to the records of the medical board.

  36. Tex. Occupations Code Sec. 206.212. PROCEDURE FOR RENEWAL.

  37. Tex. Occupations Code Sec. 206.213. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER.

  38. Tex. Occupations Code Sec. 206.214. LICENSE HOLDER INFORMATION.

  39. Tex. Occupations Code Sec. 206.215. REFUSAL FOR VIOLATION OF BOARD ORDER. The medical board may refuse to renew a license issued under this chapter if the license holder is in violation of a medical board order.

  40. Tex. Occupations Code Sec. 206.251. SCOPE OF PRACTICE.

  41. Tex. Occupations Code Sec. 206.252. SERVICE CONTRACTS. This chapter does not:

  42. Tex. Occupations Code Sec. 206.2525. REIMBURSEMENT FOR SERVICES.

  43. Tex. Occupations Code Sec. 206.253. CERTAIN PROHIBITED PRACTICES.

  44. Tex. Occupations Code Sec. 206.254. ESTABLISHMENT OF CERTAIN FUNCTIONS AND STANDARDS. A surgical assistant and the surgical assistant's delegating physician shall ensure that:

  45. Tex. Occupations Code Sec. 206.301. DISCIPLINARY ACTIONS BY THE MEDICAL BOARD.

  46. Tex. Occupations Code Sec. 206.302. CONDUCT RELATED TO FRAUD OR MISREPRESENTATION. The medical board may take action under Section 206.301 against an applicant or license holder who:

  47. Tex. Occupations Code Sec. 206.303. CONDUCT RELATED TO VIOLATION OF LAW.

  48. Tex. Occupations Code Sec. 206.304. CONDUCT INDICATING LACK OF FITNESS.

  49. Tex. Occupations Code Sec. 206.305. REHABILITATION ORDER.

  50. Tex. Occupations Code Sec. 206.306. EFFECT OF REHABILITATION ORDER.

  51. Tex. Occupations Code Sec. 206.307. AUDIT OF REHABILITATION ORDER.

  52. Tex. Occupations Code Sec. 206.3075. RESPONSIBILITIES OF PRIVATE ASSOCIATIONS.

  53. Tex. Occupations Code Sec. 206.308. SUBPOENA.

  54. Tex. Occupations Code Sec. 206.309. PROTECTION OF PATIENT IDENTITY. In a disciplinary investigation or proceeding conducted under this chapter, the medical board shall protect the identity of each patient whose medical records are examined and used in a public proceeding unless the patient:

  55. Tex. Occupations Code Sec. 206.310. RULES FOR DISCIPLINARY PROCEEDINGS. Rules of practice adopted under this chapter by the medical board under Section 2001.004, Government Code, applicable to the proceedings for a disciplinary action may not conflict with rules adopted by the State Office of Administrative Hearings.

  56. Tex. Occupations Code Sec. 206.311. REQUIRED SUSPENSION OF INCARCERATED SURGICAL ASSISTANT. Regardless of the offense, the medical board shall suspend the license of a surgical assistant serving a prison term in a state or federal penitentiary during the term of the incarceration.

  57. Tex. Occupations Code Sec. 206.312. TEMPORARY SUSPENSION.

  58. Tex. Occupations Code Sec. 206.313. INFORMAL PROCEEDINGS.

  59. Tex. Occupations Code Sec. 206.314. ROLES AND RESPONSIBILITIES OF PARTICIPANTS IN INFORMAL PROCEEDINGS.

  60. Tex. Occupations Code Sec. 206.315. MEDICAL BOARD REPRESENTATION IN INFORMAL PROCEEDINGS.

  61. Tex. Occupations Code Sec. 206.351. ADMINISTRATIVE PENALTY.

Chapter 251

  1. Tex. Occupations Code Sec. 251.001. SHORT TITLE. This subtitle may be cited as the Dental Practice Act.

  2. Tex. Occupations Code Sec. 251.002. DEFINITIONS. In this subtitle:

  3. Tex. Occupations Code Sec. 251.003. PRACTICE OF DENTISTRY.

  4. Tex. Occupations Code Sec. 251.004. EXEMPTION FROM PRACTICE OF DENTISTRY.

  5. Tex. Occupations Code Sec. 251.005. APPLICATION OF SUNSET ACT. The State Board of Dental Examiners is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished September 1, 2033.

Chapter 252

  1. Tex. Occupations Code Sec. 252.001. BOARD MEMBERSHIP.

  2. Tex. Occupations Code Sec. 252.002. MEMBER ELIGIBILITY.

  3. Tex. Occupations Code Sec. 252.003. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.

  4. Tex. Occupations Code Sec. 252.004. TERMS OF OFFICE.

  5. Tex. Occupations Code Sec. 252.005. PRIVILEGES OF OFFICE. Members of the board have full and identical privileges, except that only dentist members may participate in the decision to pass or fail an applicant for a license to practice dentistry during the clinical portion of the board examinations.

  6. Tex. Occupations Code Sec. 252.006. OFFICERS.

  7. Tex. Occupations Code Sec. 252.007. GROUNDS FOR REMOVAL.

  8. Tex. Occupations Code Sec. 252.008. PER DIEM; REIMBURSEMENT.

  9. Tex. Occupations Code Sec. 252.009. MEETINGS. The board shall hold meetings at least twice a year at times and places the board determines are most convenient for applicants for examination.

  10. Tex. Occupations Code Sec. 252.010. BOARD MEMBER TRAINING.

  11. Tex. Occupations Code Sec. 252.011. OATH OF OFFICE. Before assuming the duties of office, each board member shall file with the secretary of state a copy of the constitutional oath of office taken by the member.

Chapter 253

  1. Tex. Occupations Code Sec. 253.001. EXECUTIVE DIRECTOR.

  2. Tex. Occupations Code Sec. 253.003. PERSONNEL.

  3. Tex. Occupations Code Sec. 253.004. DIVISION OF RESPONSIBILITIES. The board shall develop and implement policies that clearly define the responsibilities of the board and the staff of the board.

  4. Tex. Occupations Code Sec. 253.005. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The board shall provide, as often as necessary, to its members and employees information regarding:

  5. Tex. Occupations Code Sec. 253.006. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.

  6. Tex. Occupations Code Sec. 253.007. EQUAL OPPORTUNITY POLICY; REPORT.

Chapter 254

  1. Tex. Occupations Code Sec. 254.001. GENERAL RULEMAKING AUTHORITY.

  2. Tex. Occupations Code Sec. 254.0011. RULES RELATING TO CONTROL OF DENTAL PRACTICE.

  3. Tex. Occupations Code Sec. 254.002. RULES REGARDING ADVERTISING AND COMPETITIVE BIDDING.

  4. Tex. Occupations Code Sec. 254.003. RULES REGARDING INFECTION CONTROL. The board shall investigate infection control in the dental profession and may adopt and enforce rules to control the spread of infection in the practice of dentistry as necessary to protect the public health and safety.

  5. Tex. Occupations Code Sec. 254.0035. RULES REGARDING CALL COVERAGE AGREEMENTS. The board shall adopt rules governing a call coverage agreement between dentists.

  6. Tex. Occupations Code Sec. 254.004. FEES.

  7. Tex. Occupations Code Sec. 254.005. SIGNATURE AND SEAL ON LICENSE REQUIRED. A license issued to a dentist must be signed by each board member and imprinted with the board's seal.

  8. Tex. Occupations Code Sec. 254.006. BOARD RECORDS AND CONFIDENTIALITY OF RECORDS.

  9. Tex. Occupations Code Sec. 254.0065. CONFIDENTIALITY OF CERTAIN INFORMATION REGARDING APPLICANT OR LICENSE HOLDER.

  10. Tex. Occupations Code Sec. 254.007. RECORDS REGARDING PERSONS AUTHORIZED TO PRACTICE.

  11. Tex. Occupations Code Sec. 254.008. CIVIL LIABILITY.

  12. Tex. Occupations Code Sec. 254.009. ASSISTANCE OF PROSECUTOR.

  13. Tex. Occupations Code Sec. 254.010. MONITORING OF LICENSE HOLDER.

  14. Tex. Occupations Code Sec. 254.011. AGREEMENT WITH HEALTH AND HUMAN SERVICES COMMISSION. The board shall enter into an agreement with the Health and Human Services Commission to improve coordination on issues relating to the state Medicaid program. The agreement must require each agency to:

  15. Tex. Occupations Code Sec. 254.012. INCLUSION OF MEDICAID-RELATED INFORMATION IN ANNUAL FINANCIAL REPORT. The board shall include in the annual financial report required by Section 2101.011, Government Code, information on all cases handled by the board during the preceding fiscal year involving fraud, abuse, or insufficient quality of care under the state Medicaid program, including:

  16. Tex. Occupations Code Sec. 254.013. PEACE OFFICERS.

  17. Tex. Occupations Code Sec. 254.014. USE OF ALTERNATIVE RULEMAKING AND DISPUTE RESOLUTION PROCEDURES.

  18. Tex. Occupations Code Sec. 254.015. USE OF TECHNOLOGY. The board shall develop and implement a policy requiring the executive director and board employees to research and propose appropriate technological solutions to improve the board's ability to perform its functions. The technological solutions must:

  19. Tex. Occupations Code Sec. 254.016. INFORMATION PROVIDED TO LICENSE HOLDERS. At least once each biennium, the board shall provide to license holders information on:

  20. Tex. Occupations Code Sec. 254.017. POISON CONTROL CENTER INFORMATION. The board shall provide to license holders information regarding the services provided by poison control centers.

  21. Tex. Occupations Code Sec. 254.018. TESTIMONY. A member of the board may not express an oral or written opinion or serve as an expert witness in a civil action that is:

  22. Tex. Occupations Code Sec. 254.019. DEFINITIONS.

Chapter 255

  1. Tex. Occupations Code Sec. 255.001. PUBLIC INTEREST INFORMATION.

  2. Tex. Occupations Code Sec. 255.002. COMPLAINTS.

  3. Tex. Occupations Code Sec. 255.003. ASSISTANCE WITH COMPLAINT. The board shall provide reasonable assistance to a person who wishes to file a complaint with the board.

  4. Tex. Occupations Code Sec. 255.004. RECORDS OF COMPLAINTS.

  5. Tex. Occupations Code Sec. 255.005. NOTIFICATION OF INVESTIGATION STATUS. If a written complaint is filed with the board that the board has authority to resolve, the board, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.

  6. Tex. Occupations Code Sec. 255.0055. REQUIREMENTS FOR CERTAIN COMPLAINTS.

  7. Tex. Occupations Code Sec. 255.006. GENERAL RULES REGARDING COMPLAINT INVESTIGATION AND DISPOSITION.

  8. Tex. Occupations Code Sec. 255.0065. COMPOSITION OF EXPERT PANELS.

  9. Tex. Occupations Code Sec. 255.0066. DETERMINATION OF COMPETENCY.

  10. Tex. Occupations Code Sec. 255.0067. REPORTS; PROCEDURES FOR EXPERT REVIEW.

  11. Tex. Occupations Code Sec. 255.007. NOTICE TO BOARD CONCERNING COMPLAINTS.

  12. Tex. Occupations Code Sec. 255.008. PUBLIC PARTICIPATION.

Chapter 256

  1. Tex. Occupations Code Sec. 256.001. LICENSE REQUIRED. A person may not practice or offer to practice dentistry or dental surgery or represent that the person practices dentistry unless the person holds a license issued by the board.

  2. Tex. Occupations Code Sec. 256.002. MINIMUM QUALIFICATIONS OF DENTAL APPLICANT.

  3. Tex. Occupations Code Sec. 256.003. EXAMINATION.

  4. Tex. Occupations Code Sec. 256.005. EXAMINATION RESULTS.

  5. Tex. Occupations Code Sec. 256.006. REEXAMINATION.

  6. Tex. Occupations Code Sec. 256.051. DEFINITION. In this chapter, "dental hygienist" means a person who practices dental hygiene under a license issued under this chapter.

  7. Tex. Occupations Code Sec. 256.052. LICENSE REQUIRED. A person may not practice or offer to practice dental hygiene in this state unless the person is licensed under this chapter.

  8. Tex. Occupations Code Sec. 256.053. ELIGIBILITY FOR LICENSE.

  9. Tex. Occupations Code Sec. 256.0531. ALTERNATIVE DENTAL HYGIENE TRAINING PROGRAMS.

  10. Tex. Occupations Code Sec. 256.054. APPLICATION FOR EXAMINATION. To take the examination under Section 256.055, an applicant for a license must:

  11. Tex. Occupations Code Sec. 256.055. LICENSE EXAMINATION.

  12. Tex. Occupations Code Sec. 256.056. EXAMINATION RESULTS.

  13. Tex. Occupations Code Sec. 256.057. REEXAMINATION.

  14. Tex. Occupations Code Sec. 256.058. ISSUANCE OF LICENSE. The board shall issue a license to practice dental hygiene to an applicant who has passed all phases of the examination.

  15. Tex. Occupations Code Sec. 256.101. ISSUANCE OF LICENSE TO CERTAIN OUT-OF-STATE APPLICANTS.

  16. Tex. Occupations Code Sec. 256.1013. PROVISIONAL LICENSE.

  17. Tex. Occupations Code Sec. 256.1015. TEMPORARY LICENSE.

  18. Tex. Occupations Code Sec. 256.1016. TEMPORARY LICENSE FOR CHARITABLE PURPOSE.

  19. Tex. Occupations Code Sec. 256.1017. MILITARY LIMITED VOLUNTEER LICENSE.

  20. Tex. Occupations Code Sec. 256.102. RETIRED STATUS.

  21. Tex. Occupations Code Sec. 256.103. DISPLAY OF REGISTRATION CERTIFICATE.

  22. Tex. Occupations Code Sec. 256.104. DUPLICATE LICENSE.

  23. Tex. Occupations Code Sec. 256.105. NOTIFICATION OF CHANGE OF INFORMATION.

  24. Tex. Occupations Code Sec. 256.106. DELEGATED AUTHORITY TO ISSUE LICENSES. The board may delegate authority to board employees to issue licenses under this subtitle to applicants who clearly meet all licensing requirements. If the board employees determine that the applicant does not clearly meet all licensing requirements, the application shall be returned to the board. A license issued under this section does not require formal board approval.

Chapter 257

  1. Tex. Occupations Code Sec. 257.001. LICENSE EXPIRATION; TERM.

  2. Tex. Occupations Code Sec. 257.002. LICENSE RENEWAL.

  3. Tex. Occupations Code Sec. 257.003. REFUSAL FOR VIOLATION OF BOARD ORDER. The board may refuse to renew a license issued under this subtitle if the license holder is in violation of a board order.

  4. Tex. Occupations Code Sec. 257.004. CARDIOPULMONARY RESUSCITATION REQUIREMENTS.

  5. Tex. Occupations Code Sec. 257.005. CONTINUING EDUCATION FOR DENTIST AND DENTAL HYGIENIST.

Chapter 258

  1. Tex. Occupations Code Sec. 258.001. IMPERMISSIBLE DELEGATIONS. A dentist may not delegate:

  2. Tex. Occupations Code Sec. 258.002. DELEGATION TO DENTAL ASSISTANT.

  3. Tex. Occupations Code Sec. 258.003. RESPONSIBILITY OF DELEGATING DENTIST. A delegating dentist is responsible for a dental act performed by the person to whom the dentist delegates the act.

  4. Tex. Occupations Code Sec. 258.051. DENTIST RECORDS.

  5. Tex. Occupations Code Sec. 258.0511. ACCESS TO DENTAL RECORDS.

  6. Tex. Occupations Code Sec. 258.052. CASE HISTORIES AND PHYSICAL EVALUATIONS.

  7. Tex. Occupations Code Sec. 258.053. USE OF CERTAIN DRUGS.

  8. Tex. Occupations Code Sec. 258.054. USE OF X-RAY EQUIPMENT.

  9. Tex. Occupations Code Sec. 258.055. PRACTICE OF DENTISTRY ON CERTAIN CHILDREN.

  10. Tex. Occupations Code Sec. 258.101. DEFINITIONS. In this subchapter:

  11. Tex. Occupations Code Sec. 258.102. SCOPE OF PRIVILEGE.

  12. Tex. Occupations Code Sec. 258.103. HOLDER OF PRIVILEGE.

  13. Tex. Occupations Code Sec. 258.104. CONSENT TO DISCLOSURE OF PRIVILEGED INFORMATION.

  14. Tex. Occupations Code Sec. 258.105. EXCEPTION TO PRIVILEGE FOR CERTAIN PROCEEDINGS.

  15. Tex. Occupations Code Sec. 258.106. EXCEPTION TO PRIVILEGE FOR CERTAIN DISCLOSURES BY DENTIST.

  16. Tex. Occupations Code Sec. 258.107. EXCEPTION TO PRIVILEGE FOR CERTAIN LEGISLATIVE INQUIRIES. A state hospital or state school may disclose a dental record if:

  17. Tex. Occupations Code Sec. 258.108. LIMIT ON DISCLOSURE. A person who receives privileged information may disclose the information to another person only to the extent consistent with the purpose for which the information was obtained.

  18. Tex. Occupations Code Sec. 258.109. REQUEST FOR DENTAL RECORD: TIMING; EXCEPTION.

  19. Tex. Occupations Code Sec. 258.151. DEFINITIONS. In this subchapter:

  20. Tex. Occupations Code Sec. 258.152. APPLICABILITY. Rules adopted by the board under this subchapter do not apply to:

  21. Tex. Occupations Code Sec. 258.153. RULES.

  22. Tex. Occupations Code Sec. 258.154. COMPLIANCE WITH ANESTHESIA RULES.

  23. Tex. Occupations Code Sec. 258.155. PERMIT REQUIRED.

  24. Tex. Occupations Code Sec. 258.1551. PERMIT QUALIFICATIONS.

  25. Tex. Occupations Code Sec. 258.1552. JURISPRUDENCE EXAMINATION.

  26. Tex. Occupations Code Sec. 258.1553. PORTABILITY OF ANESTHESIA SERVICES. The board by rule shall require a dentist who applies for the issuance or renewal of a permit under this subchapter to include in the application a statement indicating whether the dentist provides or will provide a permitted anesthesia service in more than one location.

  27. Tex. Occupations Code Sec. 258.1554. ADMINISTRATION OF ANESTHESIA TO CERTAIN PATIENTS.

  28. Tex. Occupations Code Sec. 258.1555. CAPNOGRAPHY REQUIRED FOR CERTAIN ANESTHESIA SERVICES. A permit holder who is administering anesthesia for which a level 4 permit is required shall use capnography during the administration of anesthesia.

  29. Tex. Occupations Code Sec. 258.1556. MINIMUM EMERGENCY PREPAREDNESS STANDARDS.

  30. Tex. Occupations Code Sec. 258.1557. EMERGENCY PREPAREDNESS PROTOCOLS.

  31. Tex. Occupations Code Sec. 258.156. INSPECTIONS.

  32. Tex. Occupations Code Sec. 258.157. REQUESTS FOR INSPECTION AND ADVISORY OPINION.

  33. Tex. Occupations Code Sec. 258.201. DEFINITION. In this subchapter, "health care provider" means a person who provides services under a license, certificate, registration, or other authority issued by this state or another state to diagnose, prevent, alleviate, or cure a human illness or injury.

  34. Tex. Occupations Code Sec. 258.202. ADVISORY COMMITTEE.

  35. Tex. Occupations Code Sec. 258.203. APPLICATION PROCESS; APPOINTMENT OF COMMITTEE MEMBERS.

  36. Tex. Occupations Code Sec. 258.204. TERMS; VACANCIES. The board by rule shall establish:

  37. Tex. Occupations Code Sec. 258.205. MEETINGS. The advisory committee is subject to Chapter 551, Government Code, except that the advisory committee may conduct a closed meeting to review confidential investigative files provided by the board under Section 258.206.

  38. Tex. Occupations Code Sec. 258.206. COMPILATION AND ANALYSIS OF INFORMATION.

  39. Tex. Occupations Code Sec. 258.207. COUNSEL FOR ADVISORY COMMITTEE. The board shall designate an attorney employed by the board to:

  40. Tex. Occupations Code Sec. 258.208. CONFIDENTIALITY; PRIVILEGE.

  41. Tex. Occupations Code Sec. 258.209. SUBPOENA AND DISCOVERY. Advisory committee work product or information that is confidential under Section 258.208 is privileged, is not subject to subpoena or discovery, and may not be introduced into evidence in any administrative, civil, or criminal proceeding against a patient, a member of the family of a patient, or a health care provider.

  42. Tex. Occupations Code Sec. 258.210. IMMUNITY.

  43. Tex. Occupations Code Sec. 258.211. FUNDING. The board may accept gifts and grants from any source to fund the duties of the board and the advisory committee under this subchapter.

Chapter 259

  1. Tex. Occupations Code Sec. 259.001. FALSE STATEMENTS TO PATIENTS. A dentist may not, in the practice of dentistry, make a misrepresentation or a false or misleading statement to a patient or prospective patient.

  2. Tex. Occupations Code Sec. 259.002. NOTIFICATION OF QUALIFICATIONS. Each dental office shall post at or near the entrance of the office the name of, each degree received by, and each school attended by each dentist practicing in the office.

  3. Tex. Occupations Code Sec. 259.003. USE OF TRADE NAME.

  4. Tex. Occupations Code Sec. 259.004. DUTIES OF DENTIST IN CERTAIN EMPLOYMENT OR CONTRACTUAL ARRANGEMENTS.

  5. Tex. Occupations Code Sec. 259.005. AUTHORIZED ADVERTISING RESTRICTIONS. Board rules adopted under Section 254.002 to regulate advertising may include restrictions that prohibit communications to the public that:

  6. Tex. Occupations Code Sec. 259.006. UNLAWFUL ADVERTISING IN GENERAL.

  7. Tex. Occupations Code Sec. 259.007. UNLAWFUL ADVERTISING: OUT-OF-STATE PROVIDER. A person who is not domiciled and located in this state and subject to the laws of this state may not advertise or cause or permit to be advertised, published, directly or indirectly, printed, or circulated in this state a notice, statement, or offer of any service, drug, or fee relating to the practice of dentistry, unless the advertising conspicuously discloses that the person is not licensed to practice dentistry in this state.

  8. Tex. Occupations Code Sec. 259.008. UNPROFESSIONAL CONDUCT. A person may not directly or indirectly engage in unprofessional conduct relating to dentistry, including:

Chapter 260

  1. Tex. Occupations Code Sec. 260.001. EMPLOYMENT BY ESTATE OF DENTIST OR PERSON ACTING FOR MENTALLY INCOMPETENT DENTIST.

  2. Tex. Occupations Code Sec. 260.002. EMPLOYMENT BY CERTAIN NONPROFIT HEALTH ORGANIZATIONS.

  3. Tex. Occupations Code Sec. 260.003. EMPLOYMENT BY ORGANIZATIONS SERVING UNDERSERVED POPULATIONS. A dentist licensed by the board may be employed by or contract with an organization if:

  4. Tex. Occupations Code Sec. 260.004. EMPLOYMENT BY GOVERNMENTAL ENTITY. A dentist licensed by the board may be employed by or contract with a governmental entity that provides dental services under federal or state law.

Chapter 261

  1. Tex. Occupations Code Sec. 261.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 261.051. CONFIDENTIALITY OF PROCEEDINGS.

  3. Tex. Occupations Code Sec. 261.052. DISCLOSURE OF INFORMATION. Communications made to a dental peer review committee and the records and proceedings of the committee may be disclosed to:

  4. Tex. Occupations Code Sec. 261.053. DISCLOSURE TO AFFECTED DENTIST.

  5. Tex. Occupations Code Sec. 261.054. COMMITTEE'S EVIDENTIARY PRIVILEGE.

  6. Tex. Occupations Code Sec. 261.055. COMPLIANCE WITH BOARD SUBPOENAS.

  7. Tex. Occupations Code Sec. 261.101. COMMITTEE IMMUNITY FROM SUIT.

  8. Tex. Occupations Code Sec. 261.102. COMMITTEE PARTICIPANTS' IMMUNITY FROM SUIT. A cause of action does not accrue against a member, agent, or employee of a dental peer review committee for an act, statement, determination, or recommendation made or an act reported, without malice, in the course of peer review under this chapter.

  9. Tex. Occupations Code Sec. 261.103. IMMUNITY FROM SUIT. A person is immune from civil liability if:

  10. Tex. Occupations Code Sec. 261.104. COUNTERCLAIM FOR FRIVOLOUS SUIT. A dental peer review committee, a person participating in peer review, or any other person named as a defendant in a civil action filed as a result of participation in peer review may file a counterclaim in a pending action or may prove a cause of action in a subsequent suit to recover defense costs, including court costs, attorney's fees, and damages incurred as a result of the civil action, if the plaintiff's original suit is determined:

Chapter 262

  1. Tex. Occupations Code Sec. 262.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 262.002. PRACTICE OF DENTAL HYGIENE.

  3. Tex. Occupations Code Sec. 262.003. EXEMPTIONS. This chapter does not apply to:

  4. Tex. Occupations Code Sec. 262.101. BOARD POWERS AND DUTIES. The board shall:

  5. Tex. Occupations Code Sec. 262.102. RULEMAKING AUTHORITY OF BOARD.

  6. Tex. Occupations Code Sec. 262.151. DELEGATION OF DUTIES BY DENTIST.

  7. Tex. Occupations Code Sec. 262.1515. DELEGATION OF DUTIES TO DENTAL HYGIENIST PRACTICING IN CERTAIN FACILITIES.

  8. Tex. Occupations Code Sec. 262.152. PERFORMANCE OF DELEGATED DUTIES.

  9. Tex. Occupations Code Sec. 262.201. PROHIBITED PRACTICE. A dental hygienist may not practice or offer to practice dental hygiene under a name other than the name appearing on the person's license.

  10. Tex. Occupations Code Sec. 262.202. CIVIL LIABILITY. A dental hygienist who administers to a person cardiopulmonary resuscitation or other emergency care in an emergency situation is not liable to the person for damages unless the emergency care is performed in a wilfully or wantonly negligent manner.

Chapter 263

  1. Tex. Occupations Code Sec. 263.0001. DEFINITION. In this chapter, "license" means a license, certificate, registration, permit, or other authorization that is issued under this subtitle.

  2. Tex. Occupations Code Sec. 263.001. GROUNDS FOR REFUSAL TO ISSUE LICENSE; APPLICATION OF OPEN MEETINGS LAW.

  3. Tex. Occupations Code Sec. 263.002. GROUNDS FOR DISCIPLINARY ACTION IN GENERAL.

  4. Tex. Occupations Code Sec. 263.0025. SUBMISSION TO MENTAL OR PHYSICAL EVALUATION.

  5. Tex. Occupations Code Sec. 263.003. HEARING. A person is entitled to a hearing under Chapter 2001, Government Code, if the board proposes to:

  6. Tex. Occupations Code Sec. 263.004. TEMPORARY SUSPENSION IN EMERGENCY.

  7. Tex. Occupations Code Sec. 263.005. PROBATION. If a license suspension is probated, the board may require the license holder to:

  8. Tex. Occupations Code Sec. 263.006. SUSPENSION OR REVOCATION REQUIRED FOR CERTAIN DRUG OFFENSES.

  9. Tex. Occupations Code Sec. 263.0065. DELEGATION OF CERTAIN COMPLAINT DISPOSITIONS.

  10. Tex. Occupations Code Sec. 263.007. INFORMAL PROCEEDING.

  11. Tex. Occupations Code Sec. 263.0071. DENTAL REVIEW COMMITTEE.

  12. Tex. Occupations Code Sec. 263.0072. INFORMAL SETTLEMENT CONFERENCE PANEL.

  13. Tex. Occupations Code Sec. 263.0073. ROLES AND RESPONSIBILITIES OF PARTICIPANTS IN INFORMAL SETTLEMENT CONFERENCE.

  14. Tex. Occupations Code Sec. 263.0074. DISMISSAL OF BASELESS COMPLAINT. If, during the 180-day period prescribed by Section 263.007(b)(1), the board determines that the complaint is a baseless or unfounded complaint, the board shall dismiss the complaint and include a statement in the records of the complaint that the reason for the dismissal is because the complaint was baseless or unfounded. The board shall adopt rules that establish criteria for determining that a complaint is baseless or unfounded.

  15. Tex. Occupations Code Sec. 263.0076. INFORMAL SETTLEMENT CONFERENCE NOTICE REGARDING CERTAIN COMPLAINTS. If an informal settlement conference is not scheduled for a complaint before the 180-day period prescribed by Section 263.007(b)(1), the board shall provide notice to all parties to the complaint. The notice must include an explanation of the reason why the informal settlement conference has not been scheduled. The notice under this section is not required if the notice would jeopardize an investigation.

  16. Tex. Occupations Code Sec. 263.0077. REMEDIAL PLAN.

  17. Tex. Occupations Code Sec. 263.008. SUBPOENA.

  18. Tex. Occupations Code Sec. 263.009. APPEAL. A person aggrieved by a decision of the board under this chapter is entitled to appeal as provided by Chapter 2001, Government Code.

Chapter 264

  1. Tex. Occupations Code Sec. 264.001. IMPOSITION OF PENALTY. The board may impose an administrative penalty on a person licensed or regulated under this subtitle who violates this subtitle or a rule or order adopted under this subtitle.

  2. Tex. Occupations Code Sec. 264.002. AMOUNT OF PENALTY.

  3. Tex. Occupations Code Sec. 264.003. REPORT AND NOTICE OF VIOLATION AND PENALTY.

  4. Tex. Occupations Code Sec. 264.004. PENALTY TO BE PAID OR HEARING REQUESTED.

  5. Tex. Occupations Code Sec. 264.005. HEARING.

  6. Tex. Occupations Code Sec. 264.006. DECISION BY BOARD.

  7. Tex. Occupations Code Sec. 264.007. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.

  8. Tex. Occupations Code Sec. 264.008. COLLECTION OF PENALTY. If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter to the attorney general for collection of the penalty.

  9. Tex. Occupations Code Sec. 264.009. DETERMINATION BY COURT.

  10. Tex. Occupations Code Sec. 264.010. REMITTANCE OF PENALTY AND INTEREST.

  11. Tex. Occupations Code Sec. 264.011. INFORMAL ASSESSMENT OF ADMINISTRATIVE PENALTY. This subchapter does not prevent the board from assessing an administrative penalty using an informal proceeding under Section 263.007.

  12. Tex. Occupations Code Sec. 264.0115. ALTERNATIVE INFORMAL ASSESSMENT OF ADMINISTRATIVE PENALTY.

  13. Tex. Occupations Code Sec. 264.012. ADMINISTRATIVE PROCEDURE. A proceeding under this subchapter is subject to Chapter 2001, Government Code.

  14. Tex. Occupations Code Sec. 264.051. INJUNCTION.

  15. Tex. Occupations Code Sec. 264.052. REPRESENTATION OF STATE. The attorney general or the district attorney or county attorney of the county in which the unlawful acts occurred shall represent the state in a suit under Section 264.051.

  16. Tex. Occupations Code Sec. 264.0525. CEASE AND DESIST ORDER.

  17. Tex. Occupations Code Sec. 264.0526. EMERGENCY CEASE AND DESIST ORDER.

  18. Tex. Occupations Code Sec. 264.0527. APPEAL OF CEASE AND DESIST ORDER.

  19. Tex. Occupations Code Sec. 264.053. REMEDIES CUMULATIVE. The remedies provided by this subchapter are in addition to criminal prosecution and cumulative of other remedies provided to prevent the unlawful practice of dentistry.

  20. Tex. Occupations Code Sec. 264.101. CIVIL PENALTY.

  21. Tex. Occupations Code Sec. 264.102. COLLECTION OF CIVIL PENALTY. At the board's request, the attorney general or the district attorney or county attorney of the county in which the violation is alleged to have occurred shall file suit to collect the civil penalty.

  22. Tex. Occupations Code Sec. 264.151. CRIMINAL PENALTIES.

  23. Tex. Occupations Code Sec. 264.152. CRIMINAL PENALTY: DENTAL RECORDS ACCESS.

Chapter 265

  1. Tex. Occupations Code Sec. 265.0001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 265.001. REGISTRATION REQUIRED FOR CERTAIN DENTAL ACTS.

  3. Tex. Occupations Code Sec. 265.0015. ELIGIBILITY REQUIREMENTS FOR REGISTRATION.

  4. Tex. Occupations Code Sec. 265.0016. FEES. The board shall set and collect fees in amounts that are reasonable and necessary to cover the costs of administering this chapter, including registration and renewal fees.

  5. Tex. Occupations Code Sec. 265.0017. REGISTRATION EXPIRATION AND RENEWAL.

  6. Tex. Occupations Code Sec. 265.002. SUPERVISION, DIRECTION, AND RESPONSIBILITY.

  7. Tex. Occupations Code Sec. 265.003. PERMITTED DUTIES.

  8. Tex. Occupations Code Sec. 265.008. CONTINUING EDUCATION REQUIRED FOR REGISTRATION RENEWAL. The board by rule shall establish continuing education requirements for dental assistants registered under this chapter, including a minimum number of hours of continuing education required to renew a registration.

Chapter 266

  1. Tex. Occupations Code Sec. 266.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 266.002. EXEMPTIONS. This chapter does not apply to:

  3. Tex. Occupations Code Sec. 266.102. BOARD POWERS AND DUTIES.

  4. Tex. Occupations Code Sec. 266.151. REGISTRATION REQUIRED.

  5. Tex. Occupations Code Sec. 266.152. CERTIFIED DENTAL TECHNICIAN.

  6. Tex. Occupations Code Sec. 266.153. APPLICATION FOR REGISTRATION; TERM.

  7. Tex. Occupations Code Sec. 266.154. REGISTRATION RENEWAL.

  8. Tex. Occupations Code Sec. 266.155. INITIAL REGISTRATION CERTIFICATE FEE. An initial registration certificate issued under this subchapter expires on the 30th day after the date the registration certificate is issued if the holder of the registration certificate fails to pay the required registration certificate fee on or before that date.

  9. Tex. Occupations Code Sec. 266.201. PRESCRIPTION REQUIRED.

  10. Tex. Occupations Code Sec. 266.202. RELIANCE ON PRESCRIPTION.

  11. Tex. Occupations Code Sec. 266.203. TRANSPORTATION OF DENTAL MATERIAL PERMITTED. This chapter does not prohibit a person who is subject to and complies with this chapter from using the United States mail, a railway express agency, Western Union, or a messenger or common or contract carrier to handle, accept from, or transport or deliver to a dentist or dental laboratory an item in any form or state of completion on which a dental laboratory service will be or has been offered or ordered to be performed.

  12. Tex. Occupations Code Sec. 266.251. GROUNDS FOR DISCIPLINARY ACTION.

  13. Tex. Occupations Code Sec. 266.252. PROCEDURES FOR DISCIPLINARY ACTION. The board shall follow the procedures under Chapter 263 in a complaint or disciplinary action under this chapter.

  14. Tex. Occupations Code Sec. 266.301. DENTAL PROSTHETIC APPLIANCE.

  15. Tex. Occupations Code Sec. 266.302. INJUNCTION. The board may apply for a restraining order or injunction to enforce this chapter or a board rule adopted under this chapter.

  16. Tex. Occupations Code Sec. 266.303. CRIMINAL PENALTIES.

Chapter 267

  1. Tex. Occupations Code Sec. 267.001. LICENSE REQUIRED.

  2. Tex. Occupations Code Sec. 267.002. EXEMPTIONS.

  3. Tex. Occupations Code Sec. 267.003. QUALIFICATIONS FOR LICENSE.

  4. Tex. Occupations Code Sec. 267.004. LICENSE RENEWAL. A license issued under this chapter must be renewed annually.

  5. Tex. Occupations Code Sec. 267.005. LICENSE EXPIRATION.

  6. Tex. Occupations Code Sec. 267.006. PRACTICE OF DENTISTRY OR DENTAL HYGIENE PROHIBITED. A license issued under this chapter does not authorize the license holder to engage in the practice of dentistry or dental hygiene.

Chapter 301

  1. Tex. Occupations Code Sec. 301.001. SHORT TITLE. This chapter may be cited as the Nursing Practice Act.

  2. Tex. Occupations Code Sec. 301.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 301.003. APPLICATION OF SUNSET ACT. The Texas Board of Nursing is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished September 1, 2033.

  4. Tex. Occupations Code Sec. 301.004. APPLICATION OF CHAPTER.

  5. Tex. Occupations Code Sec. 301.005. REFERENCE IN OTHER LAW.

  6. Tex. Occupations Code Sec. 301.006. CLAIM OR DEFENSE FOR PROHIBITED RULE OR POLICY.

  7. Tex. Occupations Code Sec. 301.051. BOARD MEMBERSHIP.

  8. Tex. Occupations Code Sec. 301.052. MEMBER ELIGIBILITY.

  9. Tex. Occupations Code Sec. 301.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.

  10. Tex. Occupations Code Sec. 301.054. TERMS. Members of the board serve staggered six-year terms, with the terms of as near to one-third of the members as possible expiring on January 31 of each odd-numbered year.

  11. Tex. Occupations Code Sec. 301.055. GROUNDS FOR REMOVAL.

  12. Tex. Occupations Code Sec. 301.056. PER DIEM; REIMBURSEMENT.

  13. Tex. Occupations Code Sec. 301.057. OFFICERS.

  14. Tex. Occupations Code Sec. 301.058. MEETINGS. The presiding officer shall call a special board meeting on the written request of at least two board members.

  15. Tex. Occupations Code Sec. 301.059. TRAINING.

  16. Tex. Occupations Code Sec. 301.101. EXECUTIVE DIRECTOR.

  17. Tex. Occupations Code Sec. 301.103. PUBLIC RECORDS; REGISTRY.

  18. Tex. Occupations Code Sec. 301.104. PERSONNEL; EMPLOYMENT PRACTICES. The board shall employ persons as necessary to carry on the work of the board.

  19. Tex. Occupations Code Sec. 301.105. DIVISION OF RESPONSIBILITIES.

  20. Tex. Occupations Code Sec. 301.106. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The board shall provide, as often as necessary, to its members and employees information regarding their:

  21. Tex. Occupations Code Sec. 301.107. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.

  22. Tex. Occupations Code Sec. 301.108. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT.

  23. Tex. Occupations Code Sec. 301.151. GENERAL RULEMAKING AUTHORITY. The board may adopt and enforce rules consistent with this chapter and necessary to:

  24. Tex. Occupations Code Sec. 301.152. RULES REGARDING SPECIALIZED TRAINING.

  25. Tex. Occupations Code Sec. 301.153. RULES REGARDING ADVERTISING AND COMPETITIVE BIDDING.

  26. Tex. Occupations Code Sec. 301.154. RULES REGARDING DELEGATION OF CERTAIN MEDICAL ACTS.

  27. Tex. Occupations Code Sec. 301.1545. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION OR DEFERRED ADJUDICATION.

  28. Tex. Occupations Code Sec. 301.155. FEES.

  29. Tex. Occupations Code Sec. 301.156. GIFTS AND GRANTS. The board may receive gifts, grants, or other funds or assets.

  30. Tex. Occupations Code Sec. 301.157. PROGRAMS OF STUDY AND APPROVAL.

  31. Tex. Occupations Code Sec. 301.1571. USE OF STANDARDIZED EXAMINATIONS.

  32. Tex. Occupations Code Sec. 301.158. DISSEMINATION OF INFORMATION. The board shall disseminate, at least twice a year and at other times the board determines necessary, information that is of significant interest to nurses and employers of nurses in this state, including summaries of final disciplinary action taken against nurses by the board since its last dissemination of information.

  33. Tex. Occupations Code Sec. 301.1581. INFORMATION PROVIDED TO LICENSE HOLDERS. At least once each biennium, the board shall provide to license holders information on:

  34. Tex. Occupations Code Sec. 301.1582. POISON CONTROL CENTER INFORMATION. The board shall provide to license holders information regarding the services provided by poison control centers.

  35. Tex. Occupations Code Sec. 301.1583. DISCIPLINARY ACTION.

  36. Tex. Occupations Code Sec. 301.159. BOARD DUTIES REGARDING COMPLAINTS.

  37. Tex. Occupations Code Sec. 301.1595. ADVISORY COMMITTEES.

  38. Tex. Occupations Code Sec. 301.1605. PILOT PROGRAMS FOR INNOVATIVE APPLICATIONS.

  39. Tex. Occupations Code Sec. 301.1606. PILOT PROGRAMS ON NURSE REPORTING SYSTEMS.

  40. Tex. Occupations Code Sec. 301.161. ENFORCEMENT.

  41. Tex. Occupations Code Sec. 301.1615. OBTAINING CRIMINAL HISTORY RECORD INFORMATION; HEARING.

  42. Tex. Occupations Code Sec. 301.162. LEGAL COUNSEL. The board may retain legal counsel to represent the board if first:

  43. Tex. Occupations Code Sec. 301.164. ASSISTANCE OF PROSECUTOR. A board member may present to a prosecuting officer a complaint relating to a violation of this chapter. The board, through its members, officers, counsel, or agents, shall assist in the trial of a case involving an alleged violation of this chapter, subject to the control of the prosecuting officers.

  44. Tex. Occupations Code Sec. 301.166. USE OF TECHNOLOGY. The board shall implement a policy requiring the board to use appropriate technological solutions to improve the board's ability to perform its functions. The policy must ensure that the public is able to interact with the board on the Internet.

  45. Tex. Occupations Code Sec. 301.167. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION.

  46. Tex. Occupations Code Sec. 301.168. DUTIES REGARDING PRESCRIPTIVE AUTHORITY AGREEMENTS. The board shall in conjunction with the Texas Medical Board and the Texas Physician Assistant Board perform the functions and duties relating to prescriptive authority agreements assigned to the board in Sections 157.0512 and 157.0513.

  47. Tex. Occupations Code Sec. 301.201. PUBLIC INTEREST INFORMATION.

  48. Tex. Occupations Code Sec. 301.202. COMPLAINTS.

  49. Tex. Occupations Code Sec. 301.203. RECORDS AND ANALYSIS OF COMPLAINTS.

  50. Tex. Occupations Code Sec. 301.204. GENERAL RULES, POLICIES, AND PROCEDURES REGARDING COMPLAINT INVESTIGATION AND DISPOSITION.

  51. Tex. Occupations Code Sec. 301.205. PUBLIC PARTICIPATION.

  52. Tex. Occupations Code Sec. 301.206. CONFIDENTIALITY OF INFORMATION COLLECTED FOR EMERGENCY RELIEF PROGRAMS.

  53. Tex. Occupations Code Sec. 301.207. CONFIDENTIALITY OF INFORMATION PROVIDED FOR LICENSURE. The following information that a person submits to the board for a petition for a declaratory order of eligibility for a license or for an application for an initial license or a license renewal under this chapter is confidential to the same extent information collected on a nurse as part of an investigation of a complaint is confidential under Section 301.466:

  54. Tex. Occupations Code Sec. 301.251. LICENSE REQUIRED.

  55. Tex. Occupations Code Sec. 301.2511. CRIMINAL HISTORY RECORD INFORMATION FOR LICENSE APPLICANTS.

  56. Tex. Occupations Code Sec. 301.252. LICENSE APPLICATION.

  57. Tex. Occupations Code Sec. 301.253. EXAMINATION.

  58. Tex. Occupations Code Sec. 301.254. EXAMINATION RESULTS.

  59. Tex. Occupations Code Sec. 301.255. REEXAMINATION. The board by rule shall establish conditions under which an applicant who fails an examination may retake the examination. For an applicant who fails the examination two or more times, the board may:

  60. Tex. Occupations Code Sec. 301.256. ISSUANCE OF LICENSE. If the results of an examination taken under Section 301.253 or 301.255 satisfy the criteria established by the board under that section, the board shall issue to the applicant a license to practice professional nursing or vocational nursing in this state. The license must be signed by the board's presiding officer and the executive director and attested by the board's seal.

  61. Tex. Occupations Code Sec. 301.257. DECLARATORY ORDER OF LICENSE ELIGIBILITY.

  62. Tex. Occupations Code Sec. 301.258. TEMPORARY PERMIT.

  63. Tex. Occupations Code Sec. 301.259. RECIPROCAL LICENSE BY ENDORSEMENT FOR CERTAIN FOREIGN APPLICANTS. On payment of a fee established by the board, the board may issue a license to practice as a registered nurse or vocational nurse in this state by endorsement without examination to an applicant who holds a registration certificate as a registered nurse or vocational nurse, as applicable, issued by a territory or possession of the United States or a foreign country if the board determines that the issuing agency of the territory or possession of the United States or foreign country required in its examination the same general degree of fitness required by this state.

  64. Tex. Occupations Code Sec. 301.260. TEMPORARY LICENSE BY ENDORSEMENT.

  65. Tex. Occupations Code Sec. 301.261. INACTIVE STATUS.

  66. Tex. Occupations Code Sec. 301.262. LICENSING OF CERTAIN MILITARY VETERANS.

  67. Tex. Occupations Code Sec. 301.301. LICENSE RENEWAL.

  68. Tex. Occupations Code Sec. 301.3011. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR RENEWAL.

  69. Tex. Occupations Code Sec. 301.302. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER.

  70. Tex. Occupations Code Sec. 301.303. CONTINUING COMPETENCY.

  71. Tex. Occupations Code Sec. 301.304. CONTINUING EDUCATION IN TICK-BORNE DISEASES.

  72. Tex. Occupations Code Sec. 301.305. CONTINUING EDUCATION IN NURSING JURISPRUDENCE AND NURSING ETHICS.

  73. Tex. Occupations Code Sec. 301.306. FORENSIC EVIDENCE COLLECTION COMPONENT IN CONTINUING EDUCATION.

  74. Tex. Occupations Code Sec. 301.307. CONTINUING EDUCATION IN OLDER ADULT OR GERIATRIC CARE.

  75. Tex. Occupations Code Sec. 301.308. CONTINUING EDUCATION IN HUMAN TRAFFICKING PREVENTION.

  76. Tex. Occupations Code Sec. 301.309. CONTINUING EDUCATION IN NUTRITION AND METABOLIC HEALTH.

  77. Tex. Occupations Code Sec. 301.351. DESIGNATIONS.

  78. Tex. Occupations Code Sec. 301.352. PROTECTION FOR REFUSAL TO ENGAGE IN CERTAIN CONDUCT.

  79. Tex. Occupations Code Sec. 301.353. SUPERVISION OF VOCATIONAL NURSE. The practice of vocational nursing must be performed under the supervision of a registered nurse, physician, physician assistant, podiatrist, or dentist.

  80. Tex. Occupations Code Sec. 301.354. NURSE FIRST ASSISTANTS; ASSISTING AT SURGERY BY OTHER NURSES.

  81. Tex. Occupations Code Sec. 301.356. REFUSAL OF MANDATORY OVERTIME. The refusal by a nurse to work mandatory overtime as authorized by Chapter 258, Health and Safety Code, does not constitute patient abandonment or neglect.

  82. Tex. Occupations Code Sec. 301.401. DEFINITIONS. In this subchapter:

  83. Tex. Occupations Code Sec. 301.4011. GOOD FAITH REPORT BY NURSE. In this subchapter, a report is considered to be made in good faith if:

  84. Tex. Occupations Code Sec. 301.402. MANDATORY REPORT BY NURSE.

  85. Tex. Occupations Code Sec. 301.4025. OPTIONAL REPORT BY NURSE.

  86. Tex. Occupations Code Sec. 301.403. DUTY OF PEER REVIEW COMMITTEE TO REPORT.

  87. Tex. Occupations Code Sec. 301.404. DUTY OF NURSING EDUCATIONAL PROGRAM TO REPORT. A nursing educational program that has reasonable cause to suspect that the ability of a nursing student to perform the services of the nursing profession would be, or would reasonably be expected to be, impaired by chemical dependency shall file with the board a written, signed report that includes the identity of the student and any additional information the board requires.

  88. Tex. Occupations Code Sec. 301.405. DUTY OF PERSON EMPLOYING NURSE TO REPORT.

  89. Tex. Occupations Code Sec. 301.406. DUTY OF CERTAIN PROFESSIONAL ASSOCIATIONS AND ORGANIZATIONS TO REPORT. A professional association of nurses or an organization that conducts a certification or accreditation program for nurses and that expels, decertifies, or takes any other substantive disciplinary action, as defined by the board, against a nurse as a result of the nurse's failure to conform to the minimum standards of acceptable nursing practice shall report in writing to the board the identity of the nurse and any additional information the board requires.

  90. Tex. Occupations Code Sec. 301.407. DUTY OF STATE AGENCY TO REPORT.

  91. Tex. Occupations Code Sec. 301.408. DUTY OF LIABILITY INSURER TO REPORT.

  92. Tex. Occupations Code Sec. 301.409. DUTY OF PROSECUTING ATTORNEY TO REPORT.

  93. Tex. Occupations Code Sec. 301.410. REPORT REGARDING IMPAIRMENT BY CHEMICAL DEPENDENCY, MENTAL ILLNESS, OR DIMINISHED MENTAL CAPACITY.

  94. Tex. Occupations Code Sec. 301.4105. BOARD RESPONSIBILITY FOLLOWING REPORT. The board shall determine whether a nurse violated this chapter or a rule adopted under this chapter for any case reported to the board in which the nurse's ability to perform the practice of nursing was impaired or suspected of being impaired by chemical dependency or diminished mental capacity and in which the nurse is suspected of committing a practice violation. The board, in deciding whether to take disciplinary action against the nurse for a violation of this chapter or board rules, shall balance the need to protect the public and the need to ensure the impaired nurse seeks treatment.

  95. Tex. Occupations Code Sec. 301.4106. PEER ASSISTANCE PROGRAMS. The board by rule shall develop guidelines to:

  96. Tex. Occupations Code Sec. 301.411. EFFECT OF FAILURE TO REPORT.

  97. Tex. Occupations Code Sec. 301.412. REPORTING IMMUNITY. A person who in good faith makes a report required or authorized under this subchapter, or a person who advises a nurse of the nurse's right or obligation to report under this subchapter:

  98. Tex. Occupations Code Sec. 301.413. RETALIATORY ACTION.

  99. Tex. Occupations Code Sec. 301.414. NOTICE AND REVIEW OF REPORT.

  100. Tex. Occupations Code Sec. 301.415. REBUTTAL STATEMENT.

  101. Tex. Occupations Code Sec. 301.416. INVESTIGATION.

  102. Tex. Occupations Code Sec. 301.417. CONFIDENTIALITY REQUIREMENTS; DISCLOSURE OF INFORMATION.

  103. Tex. Occupations Code Sec. 301.418. DISCLOSURE OF CHARGES OR DISCIPLINARY ACTION.

  104. Tex. Occupations Code Sec. 301.419. GENERAL PROVISIONS REGARDING DUTY TO REPORT; MINOR INCIDENTS.

  105. Tex. Occupations Code Sec. 301.451. CERTAIN PROHIBITED PRACTICES. A person may not:

  106. Tex. Occupations Code Sec. 301.4515. USE OF CERTAIN NURSING TITLES. Unless the person is practicing under the delegated authority of a registered nurse or is otherwise authorized by state or federal law, a person may not use, in connection with the person's name:

  107. Tex. Occupations Code Sec. 301.452. GROUNDS FOR DISCIPLINARY ACTION.

  108. Tex. Occupations Code Sec. 301.4521. PHYSICAL AND PSYCHOLOGICAL EVALUATION.

  109. Tex. Occupations Code Sec. 301.453. DISCIPLINARY AUTHORITY OF BOARD; METHODS OF DISCIPLINE.

  110. Tex. Occupations Code Sec. 301.4531. SCHEDULE OF SANCTIONS.

  111. Tex. Occupations Code Sec. 301.4535. REQUIRED SUSPENSION, REVOCATION, OR REFUSAL OF LICENSE FOR CERTAIN OFFENSES.

  112. Tex. Occupations Code Sec. 301.454. NOTICE AND HEARING.

  113. Tex. Occupations Code Sec. 301.455. TEMPORARY LICENSE SUSPENSION OR RESTRICTION.

  114. Tex. Occupations Code Sec. 301.4551. TEMPORARY LICENSE SUSPENSION FOR DRUG OR ALCOHOL USE.

  115. Tex. Occupations Code Sec. 301.456. EVIDENCE. A certified copy of the order of the denial, suspension, or revocation or other action under Section 301.452(b)(8) is conclusive evidence of that action.

  116. Tex. Occupations Code Sec. 301.457. COMPLAINT AND INVESTIGATION.

  117. Tex. Occupations Code Sec. 301.4575. PROCEDURES FOR EXPERT ADVANCED PRACTICE REGISTERED NURSE REVIEW. An expert advanced practice registered nurse reviewing a complaint against an advanced practice registered nurse under Section 301.457(h) shall:

  118. Tex. Occupations Code Sec. 301.458. INITIATION OF FORMAL CHARGES; DISCOVERY.

  119. Tex. Occupations Code Sec. 301.459. FORMAL HEARING.

  120. Tex. Occupations Code Sec. 301.460. ACCESS TO INFORMATION.

  121. Tex. Occupations Code Sec. 301.461. ASSESSMENT OF COSTS PROHIBITED. The board may not assess a person who is found to have violated this chapter the administrative costs of conducting a hearing to determine the violation.

  122. Tex. Occupations Code Sec. 301.462. VOLUNTARY SURRENDER OF LICENSE. The board may revoke a nurse's license without formal charges, notice, or opportunity of hearing if the nurse voluntarily surrenders the nurse's license to the board and executes a sworn statement that the nurse does not desire to be licensed.

  123. Tex. Occupations Code Sec. 301.463. AGREED DISPOSITION.

  124. Tex. Occupations Code Sec. 301.464. INFORMAL PROCEEDINGS.

  125. Tex. Occupations Code Sec. 301.465. SUBPOENAS; REQUEST FOR INFORMATION.

  126. Tex. Occupations Code Sec. 301.466. CONFIDENTIALITY.

  127. Tex. Occupations Code Sec. 301.467. REINSTATEMENT.

  128. Tex. Occupations Code Sec. 301.468. PROBATION.

  129. Tex. Occupations Code Sec. 301.469. NOTICE OF FINAL ACTION. If the board takes a final disciplinary action, including a warning or reprimand, against a nurse under this subchapter, the board shall immediately send a copy of the board's final order to the nurse and to the last known employer of the nurse.

  130. Tex. Occupations Code Sec. 301.470. REFUND.

  131. Tex. Occupations Code Sec. 301.471. EMERGENCY CEASE AND DESIST ORDER.

  132. Tex. Occupations Code Sec. 301.501. IMPOSITION OF PENALTY. The board may impose an administrative penalty on a person licensed or regulated under this chapter who violates this chapter or a rule or order adopted under this chapter.

  133. Tex. Occupations Code Sec. 301.502. AMOUNT OF PENALTY.

  134. Tex. Occupations Code Sec. 301.503. REPORT AND NOTICE OF VIOLATION AND PENALTY.

  135. Tex. Occupations Code Sec. 301.504. PENALTY TO BE PAID OR HEARING REQUESTED.

  136. Tex. Occupations Code Sec. 301.505. HEARING.

  137. Tex. Occupations Code Sec. 301.506. DECISION BY BOARD.

  138. Tex. Occupations Code Sec. 301.507. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.

  139. Tex. Occupations Code Sec. 301.508. COLLECTION OF PENALTY. If the person does not pay the penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter to the attorney general for collection of the penalty.

  140. Tex. Occupations Code Sec. 301.509. DETERMINATION BY COURT.

  141. Tex. Occupations Code Sec. 301.510. REMITTANCE OF PENALTY AND INTEREST.

  142. Tex. Occupations Code Sec. 301.511. ADMINISTRATIVE PROCEDURE. A proceeding under this subchapter is subject to Chapter 2001, Government Code.

  143. Tex. Occupations Code Sec. 301.551. INJUNCTION.

  144. Tex. Occupations Code Sec. 301.552. MONITORING OF LICENSE HOLDER. The board by rule shall develop a system for monitoring the compliance of license holders with the requirements of this chapter. Rules adopted under this section must include procedures to:

  145. Tex. Occupations Code Sec. 301.553. CIVIL PENALTY.

  146. Tex. Occupations Code Sec. 301.554. CRIMINAL PENALTY.

  147. Tex. Occupations Code Sec. 301.555. APPEAL.

  148. Tex. Occupations Code Sec. 301.601. DEFINITION. In this subchapter, "outpatient setting" means a facility, clinic, center, office, or other setting that is not part of a licensed hospital or a licensed ambulatory surgical center.

  149. Tex. Occupations Code Sec. 301.602. RULES.

  150. Tex. Occupations Code Sec. 301.603. APPLICABILITY. Rules adopted by the board under Section 301.602 do not apply to:

  151. Tex. Occupations Code Sec. 301.604. REGISTRATION REQUIRED.

  152. Tex. Occupations Code Sec. 301.605. COMPLIANCE WITH RULES.

  153. Tex. Occupations Code Sec. 301.606. INSPECTIONS.

  154. Tex. Occupations Code Sec. 301.607. REQUESTS FOR INSPECTION AND ADVISORY OPINIONS.

  155. Tex. Occupations Code Sec. 301.651. DEFINITIONS. In this subchapter:

  156. Tex. Occupations Code Sec. 301.652. IMPOSITION OF CORRECTIVE ACTION.

  157. Tex. Occupations Code Sec. 301.653. REPORT AND NOTICE OF VIOLATION AND CORRECTIVE ACTION. If the executive director determines that a person has committed a violation for which a corrective action may be imposed under the guidelines adopted under Section 301.652(b), the executive director may give written notice of the determination and recommendation for corrective action to the person subject to the corrective action. The notice may be given by certified mail. The notice must:

  158. Tex. Occupations Code Sec. 301.654. RESPONSE. Not later than the 20th day after the date the person receives the notice under Section 301.653, the person may:

  159. Tex. Occupations Code Sec. 301.655. ACTION FOLLOWING RESPONSE.

  160. Tex. Occupations Code Sec. 301.6555. DEFERRED ACTION.

  161. Tex. Occupations Code Sec. 301.656. REPORT TO BOARD. The executive director shall report periodically to the board on the corrective or deferred actions imposed under this subchapter, including:

  162. Tex. Occupations Code Sec. 301.657. EFFECT ON ACCEPTANCE OF CORRECTIVE OR DEFERRED ACTION.

Chapter 303

  1. Tex. Occupations Code Sec. 303.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 303.0015. REQUIRED ESTABLISHMENT OF NURSING PEER REVIEW COMMITTEE.

  3. Tex. Occupations Code Sec. 303.002. GENERAL PROVISIONS REGARDING PEER REVIEW.

  4. Tex. Occupations Code Sec. 303.003. COMMITTEE MEMBERSHIP.

  5. Tex. Occupations Code Sec. 303.004. PEER REVIEW BY TWO ENTITIES.

  6. Tex. Occupations Code Sec. 303.005. REQUEST FOR PEER REVIEW COMMITTEE DETERMINATION.

  7. Tex. Occupations Code Sec. 303.006. CONFIDENTIALITY OF PEER REVIEW PROCEEDINGS.

  8. Tex. Occupations Code Sec. 303.007. DISCLOSURE OF INFORMATION.

  9. Tex. Occupations Code Sec. 303.0075. SHARING OF INFORMATION.

  10. Tex. Occupations Code Sec. 303.008. REBUTTAL STATEMENT.

  11. Tex. Occupations Code Sec. 303.009. RETALIATORY ACTIONS.

  12. Tex. Occupations Code Sec. 303.010. CIVIL LIABILITY.

  13. Tex. Occupations Code Sec. 303.011. EVALUATION BY COMMITTEE.

  14. Tex. Occupations Code Sec. 303.012. ERROR CLASSIFICATION SYSTEM.

Chapter 304

  1. ARTICLE I. FINDINGS AND DECLARATION OF PURPOSE

  2. ARTICLE II. DEFINITIONS

  3. ARTICLE III. GENERAL PROVISIONS AND JURISDICTION

  4. ARTICLE IV. APPLICATIONS FOR LICENSURE IN A PARTY STATE

  5. ARTICLE IX. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

  6. ARTICLE V. ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE LICENSING BOARDS

  7. ARTICLE VI. COORDINATED LICENSURE INFORMATION SYSTEM AND EXCHANGE OF INFORMATION

  8. ARTICLE VII. ESTABLISHMENT OF INTERSTATE COMMISSION OF NURSE LICENSURE COMPACT ADMINISTRATORS

  9. ARTICLE VIII. RULEMAKING

  10. ARTICLE X. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENTS

  11. ARTICLE XI. CONSTRUCTION AND SEVERABILITY

  12. Tex. Occupations Code Sec. 304.0015. NURSE LICENSURE COMPACT. The Nurse Licensure Compact is enacted and entered into with all other jurisdictions that legally join in the compact, which reads as follows:

  13. Tex. Occupations Code Sec. 304.002. ADMINISTRATION OF COMPACT. The executive director of the Texas Board of Nursing is the Nurse Licensure Compact administrator for this state.

  14. Tex. Occupations Code Sec. 304.0025. RULES ADOPTED UNDER COMPACT. The Interstate Commission of Nurse Licensure Compact Administrators established under the Nurse Licensure Compact under Section 304.0015 may not adopt rules that alter the requirements or scope of practice of a license issued under Chapter 301. Any rule adopted by the Interstate Commission of Nurse Licensure Compact Administrators that purports to alter the requirements or scope of practice of a license issued under Chapter 301 is not enforceable.

  15. Tex. Occupations Code Sec. 304.003. RULES. The Texas Board of Nursing may adopt rules necessary to implement this chapter.

  16. Tex. Occupations Code Sec. 304.004. GENERAL PROVISIONS.

  17. Tex. Occupations Code Sec. 304.005. ENFORCEMENT. The Texas Board of Nursing is the state agency responsible for taking action against registered and vocational nurses practicing in this state under a license issued by a state that is a party to the Nurse Licensure Compact as authorized by the Nurse Licensure Compact. The action shall be taken in accordance with the same procedures for taking action against registered and vocational nurses licensed by this state.

  18. Tex. Occupations Code Sec. 304.006. INFORMATION MAINTAINED UNDER COMPACT.

  19. Tex. Occupations Code Sec. 304.007. ACCESS TO PRACTICE-RELATED INFORMATION. Practice-related information provided by the Texas Board of Nursing to registered or vocational nurses licensed by this state shall be made available by the board on request and at a reasonable cost to nurses practicing in this state under a license issued by a state that is a party to the Nurse Licensure Compact.

  20. Tex. Occupations Code Sec. 304.008. DISCLOSURE OF PERSONAL INFORMATION.

Chapter 351

  1. Tex. Occupations Code Sec. 351.001. SHORT TITLE. This chapter may be cited as the Texas Optometry Act.

  2. Tex. Occupations Code Sec. 351.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 351.003. REFERENCE IN OTHER LAW. A reference in another law of this state or in a law of a subdivision of this state to "optometrist" means an optometrist or therapeutic optometrist, unless the context clearly indicates otherwise.

  4. Tex. Occupations Code Sec. 351.004. SUNSET PROVISION. The Texas Optometry Board is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033.

  5. Tex. Occupations Code Sec. 351.005. APPLICATION OF CHAPTER; EXEMPTIONS.

  6. Tex. Occupations Code Sec. 351.051. TEXAS OPTOMETRY BOARD; MEMBERSHIP.

  7. Tex. Occupations Code Sec. 351.052. MEMBERSHIP ELIGIBILITY.

  8. Tex. Occupations Code Sec. 351.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS; CONFLICTS OF INTEREST.

  9. Tex. Occupations Code Sec. 351.054. TERMS.

  10. Tex. Occupations Code Sec. 351.055. OFFICERS.

  11. Tex. Occupations Code Sec. 351.056. GROUNDS FOR REMOVAL.

  12. Tex. Occupations Code Sec. 351.057. PER DIEM; REIMBURSEMENT.

  13. Tex. Occupations Code Sec. 351.058. MEETINGS.

  14. Tex. Occupations Code Sec. 351.0585. CERTAIN REPORTS REQUIRED AT REGULAR MEETINGS. The board shall receive a report regarding complaints at each board meeting.

  15. Tex. Occupations Code Sec. 351.059. TRAINING.

  16. Tex. Occupations Code Sec. 351.101. EXECUTIVE DIRECTOR. The board may employ an executive director as the executive head of the agency.

  17. Tex. Occupations Code Sec. 351.103. STAFF ATTORNEY. The board is authorized to employ a staff attorney.

  18. Tex. Occupations Code Sec. 351.104. OTHER PERSONNEL. The board may employ personnel necessary to administer this chapter, including stenographers, secretaries, inspectors, and legal assistants.

  19. Tex. Occupations Code Sec. 351.105. DIVISION OF RESPONSIBILITIES. The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and the staff of the board.

  20. Tex. Occupations Code Sec. 351.106. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The board shall provide, as often as necessary, to its members and employees information regarding their:

  21. Tex. Occupations Code Sec. 351.107. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.

  22. Tex. Occupations Code Sec. 351.108. EQUAL OPPORTUNITY POLICY; REPORT.

  23. Tex. Occupations Code Sec. 351.151. RULES.

  24. Tex. Occupations Code Sec. 351.152. FEES.

  25. Tex. Occupations Code Sec. 351.154. APPLICATION OF FEES.

  26. Tex. Occupations Code Sec. 351.155. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.

  27. Tex. Occupations Code Sec. 351.156. BOARD DUTIES REGARDING COMPLAINTS.

  28. Tex. Occupations Code Sec. 351.157. ENFORCEMENT.

  29. Tex. Occupations Code Sec. 351.1575. INSPECTION OF PREMISES AND REVIEW OF RECORDS AUTHORIZED.

  30. Tex. Occupations Code Sec. 351.158. LEGAL REPRESENTATION.

  31. Tex. Occupations Code Sec. 351.159. COMMITTEE APPOINTMENTS AND RECOMMENDATIONS.

  32. Tex. Occupations Code Sec. 351.160. PHARMACEUTICAL AGENTS. The board by rule shall designate classifications of pharmaceutical agents that therapeutic optometrists may use in the practice of therapeutic optometry as authorized by this chapter. Additional classifications of medications authorized by Section 351.165(c)(3) may only be approved as provided by that section.

  33. Tex. Occupations Code Sec. 351.161. SEAL; DESIGN OF LICENSE. The board shall adopt an official seal and a license of suitable design.

  34. Tex. Occupations Code Sec. 351.162. OFFICE. The board shall maintain an office in which it keeps all permanent records.

  35. Tex. Occupations Code Sec. 351.163. BOARD RECORDS.

  36. Tex. Occupations Code Sec. 351.166. INFORMATION PROVIDED TO LICENSE HOLDERS. At least once each biennium, the board shall provide to license holders information on:

  37. Tex. Occupations Code Sec. 351.167. POISON CONTROL CENTER INFORMATION. The board shall provide to license holders information regarding the services provided by poison control centers.

  38. Tex. Occupations Code Sec. 351.168. TECHNOLOGICAL SOLUTIONS POLICY REQUIRED. The board shall implement a policy requiring the board to use appropriate technological solutions to improve the board's ability to perform its functions. The policy must ensure that the public is able to interact with the board on the Internet.

  39. Tex. Occupations Code Sec. 351.169. ALTERNATIVE RULEMAKING AND DISPUTE RESOLUTION.

  40. Tex. Occupations Code Sec. 351.201. PUBLIC INTEREST INFORMATION.

  41. Tex. Occupations Code Sec. 351.202. PUBLIC PARTICIPATION.

  42. Tex. Occupations Code Sec. 351.203. COMPLAINTS.

  43. Tex. Occupations Code Sec. 351.2034. COMPLAINTS RESULTING FROM GLAUCOMA TREATMENT.

  44. Tex. Occupations Code Sec. 351.2035. COMPLAINTS RESULTING FROM INSPECTIONS.

  45. Tex. Occupations Code Sec. 351.2036. PROCEDURE FOR PROCESSING COMPLAINTS.

  46. Tex. Occupations Code Sec. 351.204. RECORDS OF COMPLAINTS.

  47. Tex. Occupations Code Sec. 351.2045. CONFIDENTIALITY OF COMPLAINTS, ADVERSE REPORTS, INVESTIGATION FILES, AND OTHER INFORMATION.

  48. Tex. Occupations Code Sec. 351.2046. REQUIREMENTS FOR CERTAIN COMPLAINTS.

  49. Tex. Occupations Code Sec. 351.205. GENERAL RULES REGARDING COMPLAINT INVESTIGATION AND DISPOSITION.

  50. Tex. Occupations Code Sec. 351.251. LICENSE REQUIRED. A person may not practice optometry or therapeutic optometry unless the person holds a license issued under this chapter.

  51. Tex. Occupations Code Sec. 351.252. EDUCATION REQUIREMENTS FOR THERAPEUTIC OPTOMETRIST.

  52. Tex. Occupations Code Sec. 351.2525. CRIMINAL HISTORY RECORD INFORMATION FOR LICENSE ISSUANCE.

  53. Tex. Occupations Code Sec. 351.2526. REVIEW OF NATIONAL PRACTITIONER DATABASE. The board shall establish a process to review at least one national practitioner database to determine whether another state has taken any disciplinary or other legal action against an applicant or license holder before issuing an initial or renewal license under this chapter.

  54. Tex. Occupations Code Sec. 351.253. EXAMINATION REQUIREMENT FOR THERAPEUTIC OPTOMETRIST. A person must pass the examination given by the board to be licensed to practice therapeutic optometry in this state.

  55. Tex. Occupations Code Sec. 351.254. EXAMINATION APPLICATION.

  56. Tex. Occupations Code Sec. 351.255. CONDUCT OF EXAMINATION.

  57. Tex. Occupations Code Sec. 351.256. EXAMINATION SUBJECTS.

  58. Tex. Occupations Code Sec. 351.257. EXAMINATION RESULTS.

  59. Tex. Occupations Code Sec. 351.258. ISSUANCE OF LICENSE TO THERAPEUTIC OPTOMETRIST; FEE.

  60. Tex. Occupations Code Sec. 351.259. PROVISIONAL LICENSE.

  61. Tex. Occupations Code Sec. 351.2595. LICENSE WITHOUT EXAMINATION. The board may issue a license to practice therapeutic optometry without requiring the applicant to pass all or part of the examination required by Section 351.253 if:

  62. Tex. Occupations Code Sec. 351.260. LIMITED LICENSE FOR CLINICAL FACULTY.

  63. Tex. Occupations Code Sec. 351.261. DISPLAY OF LICENSE OR CERTIFICATE. A person practicing optometry or therapeutic optometry in this state shall:

  64. Tex. Occupations Code Sec. 351.262. INFORMATION PRESENTED TO PATIENT.

  65. Tex. Occupations Code Sec. 351.263. LOST OR DESTROYED LICENSE. The board shall issue a license under this chapter to a license holder whose license has been lost or destroyed on:

  66. Tex. Occupations Code Sec. 351.264. INACTIVE STATUS. The board by rule may provide for a license holder's license to be placed on inactive status.

  67. Tex. Occupations Code Sec. 351.265. RETIRED STATUS.

  68. Tex. Occupations Code Sec. 351.266. MILITARY LIMITED VOLUNTEER LICENSE.

  69. Tex. Occupations Code Sec. 351.301. RENEWAL CERTIFICATE.

  70. Tex. Occupations Code Sec. 351.302. LICENSE RENEWAL.

  71. Tex. Occupations Code Sec. 351.303. NOTICE OF LICENSE EXPIRATION. Not later than the 30th day before the date a person's license is to expire, the board shall send written notice of the impending license expiration to the person at the person's last known address according to board records.

  72. Tex. Occupations Code Sec. 351.304. PROCEDURE FOR RENEWAL.

  73. Tex. Occupations Code Sec. 351.3045. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE RENEWAL.

  74. Tex. Occupations Code Sec. 351.305. ISSUANCE OF CERTIFICATE. On receipt of the required fees, the board shall issue a renewal certificate containing information from board records that the board considers necessary for the proper enforcement of this chapter, including the license number and the period for which the license is renewed.

  75. Tex. Occupations Code Sec. 351.306. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER.

  76. Tex. Occupations Code Sec. 351.3065. RENEWAL OF EXPIRED LICENSE BY RETIRED OPTOMETRIST OR THERAPEUTIC OPTOMETRIST. The board may renew the license of a person whose license has been expired for one year or more without requiring the person to comply with the requirements and procedures for an original license if the person places the person's renewed license on retired status and confines the person's practice solely to voluntary charity care under Section 351.265(f).

  77. Tex. Occupations Code Sec. 351.307. GOVERNMENTAL SERVICE, TRAINING, OR EDUCATION. An optometrist or therapeutic optometrist may obtain reinstatement of an expired license without paying a lapsed renewal fee or other fee and without passing an examination if:

  78. Tex. Occupations Code Sec. 351.308. CONTINUING EDUCATION.

  79. Tex. Occupations Code Sec. 351.309. CONTINUING EDUCATION EXEMPTIONS. A person is exempt from the continuing education requirements of Section 351.308 if the person:

  80. Tex. Occupations Code Sec. 351.351. LICENSE HOLDER INFORMATION.

  81. Tex. Occupations Code Sec. 351.352. OPTOMETRIC FILES AND RECORDS.

  82. Tex. Occupations Code Sec. 351.353. INITIAL EXAMINATION OF PATIENT. To ensure adequate examination of a patient for whom an optometrist or therapeutic optometrist signs or causes to be signed an ophthalmic lens prescription, in the initial examination of the patient the optometrist or therapeutic optometrist shall make and record, if possible, the following findings concerning the patient's condition:

  83. Tex. Occupations Code Sec. 351.354. CERTAIN OPTOMETRIC SERVICES AUTHORIZED. An optometrist or therapeutic optometrist may:

  84. Tex. Occupations Code Sec. 351.355. DETERMINING OR MEASURING VISION. In determining or measuring the powers of vision of the human eye, an optometrist or therapeutic optometrist may:

  85. Tex. Occupations Code Sec. 351.356. FITTING LENSES OR PRISMS. In fitting lenses or prisms, an optometrist or therapeutic optometrist may:

  86. Tex. Occupations Code Sec. 351.357. FITTING AND DISPENSING CONTACT LENSES.

  87. Tex. Occupations Code Sec. 351.358. OPHTHALMIC DEVICES, ORAL MEDICATIONS, AND PHARMACEUTICAL AGENTS.

  88. Tex. Occupations Code Sec. 351.3581. TREATMENT OF GLAUCOMA.

  89. Tex. Occupations Code Sec. 351.359. PRESCRIPTION.

  90. Tex. Occupations Code Sec. 351.360. PROFESSIONAL STANDARD OF THERAPEUTIC OPTOMETRIST. A therapeutic optometrist, including an optometric glaucoma specialist, is subject to the same standard of professional care and judgment as a person practicing as an ophthalmologist under Subtitle B.

  91. Tex. Occupations Code Sec. 351.361. LEASE; PAYMENT BASIS; ACCOUNTS RECEIVABLE.

  92. Tex. Occupations Code Sec. 351.362. PROFESSIONAL RESPONSIBILITY; NAME OF PRACTICE.

  93. Tex. Occupations Code Sec. 351.363. MERCANTILE ESTABLISHMENT.

  94. Tex. Occupations Code Sec. 351.364. RELATIONSHIPS WITH DISPENSING OPTICIANS.

  95. Tex. Occupations Code Sec. 351.365. PATIENT RIGHTS REGARDING SPECTACLE PRESCRIPTION.

  96. Tex. Occupations Code Sec. 351.366. AUTHORITY TO FORM CERTAIN JOINTLY OWNED ENTITIES.

  97. Tex. Occupations Code Sec. 351.367. CONTRACT OR EMPLOYMENT WITH COMMUNITY HEALTH CENTERS.

  98. Tex. Occupations Code Sec. 351.401. PROHIBITED OFFER, REPRESENTATION, OR DESIGNATION. Unless a person is licensed to practice under this chapter, the person may not:

  99. Tex. Occupations Code Sec. 351.402. IMPERSONATION PROHIBITED. A person may not:

  100. Tex. Occupations Code Sec. 351.403. FALSE, DECEPTIVE, OR MISLEADING ADVERTISING.

  101. Tex. Occupations Code Sec. 351.404. EYEGLASSES AS PRIZE OR INDUCEMENT. A person in this state may not give or deliver, or cause to be given or delivered, in any manner, eyeglasses as:

  102. Tex. Occupations Code Sec. 351.405. ALTERATION OF PRESCRIPTION. A person may not alter the specifications of an ophthalmic lens prescription without the prescribing doctor's consent.

  103. Tex. Occupations Code Sec. 351.406. EXPIRED CONTACT LENS PRESCRIPTION. A person may not fill an expired contact lens prescription.

  104. Tex. Occupations Code Sec. 351.407. GOVERNMENTAL DISCRIMINATION PROHIBITED.

  105. Tex. Occupations Code Sec. 351.408. CONTROL OF OPTOMETRY.

  106. Tex. Occupations Code Sec. 351.409. PROHIBITED ACTIVITY BY UNLICENSED PERSON. An unlicensed person may not engage in any activity prohibited by this chapter.

  107. Tex. Occupations Code Sec. 351.451. PROHIBITED TREATMENT BY LICENSE HOLDER.

  108. Tex. Occupations Code Sec. 351.452. PROHIBITED USE OF PHARMACEUTICAL AGENT. A therapeutic optometrist may not use a pharmaceutical agent not authorized by the board or by law.

  109. Tex. Occupations Code Sec. 351.4521. PERFORMANCE OF SURGERY PROHIBITED. A therapeutic optometrist may not perform surgery or laser surgery.

  110. Tex. Occupations Code Sec. 351.453. EXAMINATION REQUIRED FOR PRESCRIPTION. An optometrist or therapeutic optometrist may not sign, or cause to be signed, an ophthalmic lens prescription without first personally examining the eyes of the person for whom the prescription is made.

  111. Tex. Occupations Code Sec. 351.454. CONTAGIOUS OR INFECTIOUS DISEASE.

  112. Tex. Occupations Code Sec. 351.455. PRACTICE PROHIBITED FROM HOUSE TO HOUSE.

  113. Tex. Occupations Code Sec. 351.456. PRACTICE PROHIBITED DURING LICENSE SUSPENSION OR REVOCATION. A person may not practice optometry or therapeutic optometry while the person's license is suspended or revoked.

  114. Tex. Occupations Code Sec. 351.457. PROFESSIONAL RESPONSIBILITY; FEES.

  115. Tex. Occupations Code Sec. 351.458. PROFESSIONAL RESPONSIBILITY; USE OF NAME OR PROFESSIONAL IDENTIFICATION.

  116. Tex. Occupations Code Sec. 351.459. MERCANTILE ESTABLISHMENT; PROHIBITED ACTS.

  117. Tex. Occupations Code Sec. 351.460. RELATIONSHIPS WITH DISPENSING OPTICIANS; PROHIBITED ACTS.

  118. Tex. Occupations Code Sec. 351.501. DENIAL OF LICENSE AND DISCIPLINARY ACTION BY BOARD.

  119. Tex. Occupations Code Sec. 351.5014. SUBMISSION TO MENTAL OR PHYSICAL EXAMINATION.

  120. Tex. Occupations Code Sec. 351.5015. TEMPORARY SUSPENSION OR RESTRICTION OF LICENSE.

  121. Tex. Occupations Code Sec. 351.502. WILFUL OR REPEATED NONCOMPLIANCE.

  122. Tex. Occupations Code Sec. 351.503. DISCIPLINARY PROCEEDINGS.

  123. Tex. Occupations Code Sec. 351.504. JUDICIAL REVIEW. A petition for judicial review of a board action may be filed in a district court in the county of residence of the person against whom the original charge was filed.

  124. Tex. Occupations Code Sec. 351.505. REISSUANCE OF LICENSE AFTER REVOCATION.

  125. Tex. Occupations Code Sec. 351.506. PROBATION. If a license suspension is probated, the board may require the license holder to:

  126. Tex. Occupations Code Sec. 351.507. INFORMAL PROCEEDINGS; INFORMAL SETTLEMENT CONFERENCE AND REFUNDS.

  127. Tex. Occupations Code Sec. 351.508. RECUSAL REQUIRED. A member of the board who reviews and investigates a complaint under Section 351.2036(c) or participates in an informal settlement conference under Section 351.507 may not vote on any disciplinary action following the informal settlement conference concerning the complaint and shall recuse himself or herself from voting on any disciplinary action following the informal settlement conference concerning the complaint.

  128. Tex. Occupations Code Sec. 351.509. REMEDIAL PLAN.

  129. Tex. Occupations Code Sec. 351.551. IMPOSITION OF PENALTY. The board may impose an administrative penalty on a person licensed or regulated under this chapter who violates this chapter or a rule or order adopted under this chapter.

  130. Tex. Occupations Code Sec. 351.552. AMOUNT OF PENALTY.

  131. Tex. Occupations Code Sec. 351.553. REPORT AND NOTICE OF VIOLATION AND PENALTY.

  132. Tex. Occupations Code Sec. 351.554. PENALTY TO BE PAID OR HEARING REQUESTED.

  133. Tex. Occupations Code Sec. 351.555. HEARING ON RECOMMENDATIONS.

  134. Tex. Occupations Code Sec. 351.556. DECISION BY BOARD.

  135. Tex. Occupations Code Sec. 351.557. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.

  136. Tex. Occupations Code Sec. 351.558. COLLECTION OF PENALTY. If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter to the attorney general for collection of the penalty.

  137. Tex. Occupations Code Sec. 351.559. DETERMINATION BY COURT.

  138. Tex. Occupations Code Sec. 351.560. REMITTANCE OF PENALTY AND INTEREST.

  139. Tex. Occupations Code Sec. 351.561. ADMINISTRATIVE PROCEDURE. A proceeding under this subchapter is subject to Chapter 2001, Government Code.

  140. Tex. Occupations Code Sec. 351.601. MONITORING LICENSE HOLDER. The board by rule shall develop a system for monitoring a license holder's compliance with the requirements of this chapter. Rules adopted under this section must include procedures to:

  141. Tex. Occupations Code Sec. 351.602. INJUNCTION; DAMAGES.

  142. Tex. Occupations Code Sec. 351.603. ENFORCEMENT BY ATTORNEY GENERAL OR BOARD; CIVIL PENALTY.

  143. Tex. Occupations Code Sec. 351.604. DECEPTIVE TRADE PRACTICES. A violation of any of the following sections is actionable under Subchapter E, Chapter 17, Business & Commerce Code:

  144. Tex. Occupations Code Sec. 351.605. LESSEE ENTITLED TO REMEDIES. A person injured as a result of a violation of Section 351.408, including an optometrist who is a lessee of a manufacturer, wholesaler, or retailer, is entitled to the remedies in Sections 351.602(c)(2), 351.603(b), and 351.604(3).

  145. Tex. Occupations Code Sec. 351.606. GENERAL CRIMINAL PENALTY.

  146. Tex. Occupations Code Sec. 351.607. DISPENSING CONTACT LENSES; PENALTY.

  147. Tex. Occupations Code Sec. 351.608. CEASE AND DESIST ORDER.

Chapter 353

  1. Tex. Occupations Code Sec. 353.001. SHORT TITLE. This chapter may be cited as the Contact Lens Prescription Act.

  2. Tex. Occupations Code Sec. 353.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 353.003. EFFECT OF CHAPTER. This chapter does not prevent or restrict a physician from:

  4. Tex. Occupations Code Sec. 353.004. PUBLIC INFORMATION ON PRESCRIPTION RELEASE. The Texas Optometry Board shall prepare and provide to the public and appropriate state agencies information regarding the release and verification of contact lens prescriptions.

  5. Tex. Occupations Code Sec. 353.101. PROHIBITED SELLING OR DISPENSING.

  6. Tex. Occupations Code Sec. 353.1015. VERIFICATION PROCEDURE.

  7. Tex. Occupations Code Sec. 353.102. ACCURACY REQUIRED. A person who dispenses contact lenses under this chapter from a contact lens prescription shall fill the prescription accurately subject to Section 353.103.

  8. Tex. Occupations Code Sec. 353.103. AUTHORIZED MODIFICATION OF PRESCRIPTION.

  9. Tex. Occupations Code Sec. 353.104. EMERGENCY REFILL.

  10. Tex. Occupations Code Sec. 353.105. ALTERATION OF PRESCRIPTION PROHIBITED.

  11. Tex. Occupations Code Sec. 353.151. DIRECTIONS FOR INDEPENDENT DISPENSER; DELEGATION.

  12. Tex. Occupations Code Sec. 353.152. REQUIREMENTS FOR CONTACT LENS PRESCRIPTION.

  13. Tex. Occupations Code Sec. 353.153. TERM OF PRESCRIPTION. A physician, optometrist, or therapeutic optometrist may not issue a contact lens prescription that expires before the first anniversary of the date the patient's prescription parameters are determined, unless a shorter prescription period is warranted by the patient's ocular health or by potential harm to the patient's ocular health.

  14. Tex. Occupations Code Sec. 353.154. SHORT-TERM PRESCRIPTION. If a physician, optometrist, or therapeutic optometrist writes a contact lens prescription for a period of less than one year, the physician, optometrist, or therapeutic optometrist shall:

  15. Tex. Occupations Code Sec. 353.155. EXTENSION OF PRESCRIPTION.

  16. Tex. Occupations Code Sec. 353.156. PATIENT ACCESS TO PRESCRIPTION; TIMING.

  17. Tex. Occupations Code Sec. 353.157. LIMITATIONS ON OR REFUSAL TO GIVE PRESCRIPTION.

  18. Tex. Occupations Code Sec. 353.158. PROHIBITED ACTION BY PHYSICIAN, OPTOMETRIST, OR THERAPEUTIC OPTOMETRIST. A physician, optometrist, or therapeutic optometrist may not:

  19. Tex. Occupations Code Sec. 353.159. WAIVER OR DISCLAIMER OF LIABILITY PROHIBITED. A contact lens prescription may not contain, and a physician, optometrist, or therapeutic optometrist may not require a patient to sign, a form or notice that waives or disclaims the liability of the physician, optometrist, or therapeutic optometrist for the accuracy of:

  20. Tex. Occupations Code Sec. 353.201. LIABILITY FOR USE OF PRESCRIPTION. A physician, optometrist, or therapeutic optometrist is not liable for a patient's subsequent use of a contact lens prescription if:

  21. Tex. Occupations Code Sec. 353.204. ENFORCEMENT PROCEEDINGS.

  22. Tex. Occupations Code Sec. 353.206. CIVIL PENALTY. In addition to granting injunctive or other relief provided by law, a court may impose a civil penalty for a violation of this chapter or a rule adopted under this chapter.

  23. Tex. Occupations Code Sec. 353.207. CRIMINAL PENALTY.

Chapter 401

  1. Tex. Occupations Code Sec. 401.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 401.051. PHYSICIANS.

  3. Tex. Occupations Code Sec. 401.052. NURSES. This chapter does not prevent or restrict a communication, speech, language, or hearing screening, as defined by commission rule, from being conducted by a registered nurse:

  4. Tex. Occupations Code Sec. 401.053. PERSONS TRAINED BY DEPARTMENT OF STATE HEALTH SERVICES.

  5. Tex. Occupations Code Sec. 401.054. PERSONS CERTIFIED BY TEXAS EDUCATION AGENCY.

  6. Tex. Occupations Code Sec. 401.055. UNIVERSITY OR COLLEGE TEACHERS. This chapter does not restrict the use of an official title by a person teaching in a university or college training program, if the person:

  7. Tex. Occupations Code Sec. 401.056. STUDENTS. This chapter does not restrict the activities and services of a student pursuing a course of study leading to a degree in speech-language pathology or audiology at a college or university accredited by the Southern Association of Colleges and Universities or its equivalent if:

  8. Tex. Occupations Code Sec. 401.057. HEARING CONSERVATION PROGRAM. This chapter does not prevent a person in an industrial setting from engaging in hearing testing as a part of a hearing conservation program in compliance with federal Occupational Safety and Health Administration regulations.

  9. Tex. Occupations Code Sec. 401.058. APPLICATION TO HEARING INSTRUMENT FITTERS AND DISPENSERS.

  10. Tex. Occupations Code Sec. 401.059. APPLICATION TO OTHER LICENSED PROFESSIONALS. This chapter does not prevent a person licensed in this state under another law from engaging in the profession for which the person is licensed.

  11. Tex. Occupations Code Sec. 401.060. MEDICAL PRACTICE. This chapter does not permit a person to perform an act that violates Subtitle B.

  12. Tex. Occupations Code Sec. 401.061. OVER-THE-COUNTER HEARING AIDS.

  13. Tex. Occupations Code Sec. 401.102. ADVISORY BOARD MEMBERSHIP.

  14. Tex. Occupations Code Sec. 401.10205. DUTIES OF ADVISORY BOARD. The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.

  15. Tex. Occupations Code Sec. 401.105. TERMS; VACANCIES.

  16. Tex. Occupations Code Sec. 401.107. PRESIDING OFFICER.

  17. Tex. Occupations Code Sec. 401.108. MEETINGS. The advisory board shall meet at the call of the presiding officer of the commission or the executive director.

  18. Tex. Occupations Code Sec. 401.201. GENERAL POWERS AND DUTIES.

  19. Tex. Occupations Code Sec. 401.202. STANDARDS OF ETHICAL PRACTICE. The commission shall adopt rules under this chapter that establish standards of ethical practice.

  20. Tex. Occupations Code Sec. 401.2021. RULES FOR HEARING INSTRUMENTS. With the assistance of the advisory board, the commission shall adopt rules to establish requirements for each sale of a hearing instrument for purposes of this chapter. The rules must:

  21. Tex. Occupations Code Sec. 401.203. ASSISTANCE FILING COMPLAINT.

  22. Tex. Occupations Code Sec. 401.251. TELEPHONE NUMBER FOR COMPLAINTS. The department shall list with its regular telephone number any toll-free telephone number established under other state law that may be called to present a complaint about a health professional.

  23. Tex. Occupations Code Sec. 401.301. LICENSE REQUIRED. A person may not practice speech-language pathology or audiology or represent that the person is a speech-language pathologist or audiologist in this state unless the person holds a license under this chapter.

  24. Tex. Occupations Code Sec. 401.302. ISSUANCE OF LICENSE.

  25. Tex. Occupations Code Sec. 401.303. LICENSE APPLICATION.

  26. Tex. Occupations Code Sec. 401.304. APPLICANT ELIGIBILITY.

  27. Tex. Occupations Code Sec. 401.3041. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE ISSUANCE.

  28. Tex. Occupations Code Sec. 401.305. EXAMINATION.

  29. Tex. Occupations Code Sec. 401.308. CERTIFICATE OF CLINICAL COMPETENCE WAIVER. The department may waive the examination requirement and issue a license to an applicant who holds the Certificate of Clinical Competence of the American Speech-Language-Hearing Association.

  30. Tex. Occupations Code Sec. 401.311. INTERN LICENSE.

  31. Tex. Occupations Code Sec. 401.312. LICENSED ASSISTANTS.

  32. Tex. Occupations Code Sec. 401.351. LICENSE TERM. A license issued under this chapter is valid for two years.

  33. Tex. Occupations Code Sec. 401.352. LICENSE RENEWAL.

  34. Tex. Occupations Code Sec. 401.401. AUDIOMETRIC TESTING.

  35. Tex. Occupations Code Sec. 401.402. PRACTICE BY SPEECH-LANGUAGE PATHOLOGISTS.

  36. Tex. Occupations Code Sec. 401.403. PRACTICE BY AUDIOLOGISTS.

  37. Tex. Occupations Code Sec. 401.404. HEARING INSTRUMENT SALES TO MINORS.

  38. Tex. Occupations Code Sec. 401.451. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY ACTION.

  39. Tex. Occupations Code Sec. 401.501. DECEPTIVE TRADE PRACTICE. A violation of Section 401.301 is a deceptive trade practice.

  40. Tex. Occupations Code Sec. 401.5021. REFUND. The commission or executive director may order an audiologist to pay a refund to a consumer who returns a hearing instrument during the 30-day trial period required by rules adopted under Section 401.2021.

Chapter 402

  1. Tex. Occupations Code Sec. 402.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 402.003. APPLICABILITY OF CHAPTER.

  3. Tex. Occupations Code Sec. 402.004. OVER-THE-COUNTER HEARING AIDS.

  4. Tex. Occupations Code Sec. 402.051. ADVISORY BOARD MEMBERSHIP.

  5. Tex. Occupations Code Sec. 402.0511. DUTIES OF ADVISORY BOARD. The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.

  6. Tex. Occupations Code Sec. 402.055. TERMS; VACANCIES.

  7. Tex. Occupations Code Sec. 402.057. PRESIDING OFFICER. The presiding officer of the commission shall designate a member of the advisory board to serve as the presiding officer of the advisory board for a term of two years. The presiding officer of the advisory board may vote on any matter before the advisory board.

  8. Tex. Occupations Code Sec. 402.058. MEETINGS. The advisory board shall meet at the call of the presiding officer of the commission or the executive director.

  9. Tex. Occupations Code Sec. 402.101. GENERAL POWERS AND DUTIES.

  10. Tex. Occupations Code Sec. 402.1021. RULES FOR HEARING INSTRUMENTS. With the assistance of the advisory board, the commission shall adopt rules to establish requirements for each sale of a hearing instrument for purposes of this chapter. The rules must:

  11. Tex. Occupations Code Sec. 402.103. FALSE, MISLEADING, OR DECEPTIVE ADVERTISING.

  12. Tex. Occupations Code Sec. 402.104. POWERS AND DUTIES REGARDING EXAMINATION.

  13. Tex. Occupations Code Sec. 402.152. COMPLAINTS.

  14. Tex. Occupations Code Sec. 402.201. LICENSE OR PERMIT REQUIRED. A person may not represent that the person is authorized to fit and dispense hearing instruments, or use in connection with the person's name any designation tending to imply that the person is authorized to engage in the fitting and dispensing of hearing instruments, unless the person holds a license or is otherwise authorized to do so under this chapter.

  15. Tex. Occupations Code Sec. 402.202. EXAMINATION REQUIRED.

  16. Tex. Occupations Code Sec. 402.203. APPLICATION FOR EXAMINATION.

  17. Tex. Occupations Code Sec. 402.204. CONTENTS OF EXAMINATION.

  18. Tex. Occupations Code Sec. 402.205. EXAMINATION PROCEDURES.

  19. Tex. Occupations Code Sec. 402.207. ISSUANCE OF APPRENTICE PERMIT.

  20. Tex. Occupations Code Sec. 402.208. ISSUANCE OF LICENSE. The department shall issue a license to an apprentice permit holder when the department has received sufficient evidence that the apprentice permit holder has met all the licensing requirements of this chapter.

  21. Tex. Occupations Code Sec. 402.209. APPLICATION BY LICENSE HOLDER FROM ANOTHER STATE.

  22. Tex. Occupations Code Sec. 402.210. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE ISSUANCE.

  23. Tex. Occupations Code Sec. 402.251. TEMPORARY TRAINING PERMIT QUALIFICATIONS.

  24. Tex. Occupations Code Sec. 402.252. SUPERVISION STATEMENT.

  25. Tex. Occupations Code Sec. 402.253. EXPIRATION OF TEMPORARY TRAINING PERMIT.

  26. Tex. Occupations Code Sec. 402.254. GUIDELINES FOR TRAINING OF TEMPORARY TRAINING PERMIT HOLDERS.

  27. Tex. Occupations Code Sec. 402.255. SUPERVISOR REQUIREMENTS.

  28. Tex. Occupations Code Sec. 402.256. AUTHORITY OF TEMPORARY TRAINING PERMIT HOLDER.

  29. Tex. Occupations Code Sec. 402.257. TRANSFER TO ANOTHER SUPERVISOR.

  30. Tex. Occupations Code Sec. 402.301. LICENSE RENEWAL.

  31. Tex. Occupations Code Sec. 402.304. ALTERNATIVE TO CONTINUING EDUCATION REQUIREMENT. A license holder may be credited with continuing education credit hours for a published book or article written by the license holder that contributes to the license holder's professional competence. The department may grant credit hours based on the degree to which the published book or article advances knowledge regarding the fitting and dispensing of hearing instruments. A license holder may claim in a reporting period not more than five credit hours for preparation of a publication.

  32. Tex. Occupations Code Sec. 402.305. CONTINUING EDUCATION EXEMPTIONS. The department may renew the license of a license holder who does not comply with the applicable continuing education requirements if the license holder submits proof from an attending physician that the license holder suffered a serious or disabling illness or physical disability that prevented compliance with the continuing education requirements during the 24 months before the reporting date.

  33. Tex. Occupations Code Sec. 402.306. DUPLICATE LICENSE. The department shall issue a duplicate license to a license holder whose license has been lost or destroyed. The department may prescribe the procedure and requirements for issuance of a duplicate license.

  34. Tex. Occupations Code Sec. 402.351. DISPLAY OF LICENSE. A person engaged in fitting and dispensing hearing instruments shall display the person's license in a conspicuous place in the person's principal office and, when required, shall exhibit the license to the department or its authorized representative.

  35. Tex. Occupations Code Sec. 402.352. INFORMATION ON PROSPECTIVE AMPLIFICATION CANDIDATES. A license holder shall try to obtain, personally or through a proper referral, at least the following information on each prospective candidate for amplification:

  36. Tex. Occupations Code Sec. 402.353. SOUND-LEVEL MEASUREMENTS.

  37. Tex. Occupations Code Sec. 402.354. CLIENT ACCESS TO RECORDS. A client of a person licensed to fit and dispense hearing instruments or of a hearing instrument fitting and dispensing practice is entitled to obtain a copy of the client's records that pertain to the testing for, and fitting and dispensing of, hearing instruments by making a signed, written request to the license holder or practice for the records.

  38. Tex. Occupations Code Sec. 402.401. TRIAL PERIOD. The commission by rule shall establish guidelines for a 30-day trial period during which a person may cancel the purchase of a hearing instrument.

  39. Tex. Occupations Code Sec. 402.402. SALE TO MINOR.

  40. Tex. Occupations Code Sec. 402.403. WRITTEN CONTRACT. The owner of a hearing instrument fitting and dispensing practice shall ensure that each client receives a written contract at the time of purchase of a hearing instrument that contains the information prescribed by commission rule.

  41. Tex. Occupations Code Sec. 402.404. SURETY BONDING.

  42. Tex. Occupations Code Sec. 402.405. RECOVERY ON SURETY BOND. The purchaser of a hearing instrument may rescind the purchase and recover as provided by Section 402.404 for:

  43. Tex. Occupations Code Sec. 402.451. PROHIBITED ACTS.

  44. Tex. Occupations Code Sec. 402.453. TREATMENT OF EAR DEFECTS; ADMINISTRATION OF DRUGS.

  45. Tex. Occupations Code Sec. 402.501. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY ACTION. The commission or executive director may refuse to issue or renew a license, revoke or suspend a license or permit, place on probation a person whose license or permit has been suspended, or reprimand a license or permit holder who:

  46. Tex. Occupations Code Sec. 402.5521. REFUND FOR HEARING INSTRUMENT. The commission or executive director may order a license holder to pay a refund to a consumer who returns a hearing instrument during the 30-day trial period required by rules adopted under Section 402.1021.

Chapter 403

  1. Tex. Occupations Code Sec. 403.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 403.003. APPLICABILITY. This chapter does not:

  3. Tex. Occupations Code Sec. 403.051. ADVISORY BOARD. The department shall appoint an advisory board to provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.

  4. Tex. Occupations Code Sec. 403.0511. GENERAL POWERS AND DUTIES. The executive director shall administer and enforce this chapter.

  5. Tex. Occupations Code Sec. 403.052. STANDARDS OF ETHICAL PRACTICE. The commission shall adopt rules that establish standards of ethical practice.

  6. Tex. Occupations Code Sec. 403.053. PUBLISHING LICENSE HOLDER HOME ADDRESS PROHIBITED.

  7. Tex. Occupations Code Sec. 403.101. LICENSE REQUIRED. A person may not use the title "licensed dyslexia practitioner" or "licensed dyslexia therapist" in this state unless the person holds the appropriate license under this chapter.

  8. Tex. Occupations Code Sec. 403.102. ISSUANCE OF LICENSE. The department shall issue a licensed dyslexia practitioner or licensed dyslexia therapist license to an applicant who meets the requirements of this chapter.

  9. Tex. Occupations Code Sec. 403.1025. TERM OF LICENSE. A license issued under this chapter is valid for two years.

  10. Tex. Occupations Code Sec. 403.103. LICENSE APPLICATION.

  11. Tex. Occupations Code Sec. 403.104. ELIGIBILITY FOR LICENSED DYSLEXIA PRACTITIONER LICENSE.

  12. Tex. Occupations Code Sec. 403.105. ELIGIBILITY FOR LICENSED DYSLEXIA THERAPIST LICENSE.

  13. Tex. Occupations Code Sec. 403.106. REQUIREMENTS FOR TRAINING PROGRAMS.

  14. Tex. Occupations Code Sec. 403.107. EXAMINATION.

  15. Tex. Occupations Code Sec. 403.108. WAIVER OF EXAMINATION REQUIREMENT. The department may waive the examination requirement and issue a license to an applicant who holds an appropriate certificate or other accreditation from a nationally accredited multisensory structured language education organization recognized by the department.

  16. Tex. Occupations Code Sec. 403.110. QUALIFIED INSTRUCTOR. To be considered a qualified instructor under this chapter, a person must:

  17. Tex. Occupations Code Sec. 403.151. PRACTICE SETTING.

  18. Tex. Occupations Code Sec. 403.202. PROHIBITED ACTIONS. A license holder may not:

  19. Tex. Occupations Code Sec. 403.203. GROUNDS FOR DISCIPLINARY ACTION. If a license holder violates this chapter or a rule or code of ethics adopted by the commission, the commission or executive director shall:

  20. Tex. Occupations Code Sec. 403.209. MONITORING OF LICENSE HOLDER.

Chapter 451

  1. Tex. Occupations Code Sec. 451.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 451.002. INTERPRETATION; PRACTICE OF MEDICINE. This chapter does not authorize the practice of medicine by a person not licensed by the Texas Medical Board.

  3. Tex. Occupations Code Sec. 451.003. APPLICABILITY. This chapter does not apply to:

  4. Tex. Occupations Code Sec. 451.051. BOARD; MEMBERSHIP.

  5. Tex. Occupations Code Sec. 451.0521. DUTIES OF BOARD. The board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.

  6. Tex. Occupations Code Sec. 451.053. TERMS; VACANCY.

  7. Tex. Occupations Code Sec. 451.055. PRESIDING OFFICER. The presiding officer of the commission shall designate a member of the board to serve as the presiding officer of the board for a two-year term. The presiding officer of the board may vote on any matter before the board.

  8. Tex. Occupations Code Sec. 451.056. MEETINGS. The board shall meet at the call of the presiding officer of the commission or the executive director.

  9. Tex. Occupations Code Sec. 451.101. GENERAL POWERS AND DUTIES.

  10. Tex. Occupations Code Sec. 451.151. LICENSE REQUIRED. A person may not hold the person out as an athletic trainer or perform any activity of an athletic trainer unless the person holds a license under this chapter.

  11. Tex. Occupations Code Sec. 451.152. LICENSE APPLICATION. An applicant for an athletic trainer license must submit to the department:

  12. Tex. Occupations Code Sec. 451.153. APPLICANT QUALIFICATIONS.

  13. Tex. Occupations Code Sec. 451.156. REQUIREMENTS FOR LICENSE ISSUANCE. An applicant for an athletic trainer license is entitled to receive the license if the applicant:

  14. Tex. Occupations Code Sec. 451.157. TEMPORARY LICENSE.

  15. Tex. Occupations Code Sec. 451.201. LICENSE EXPIRATION; RENEWAL.

Chapter 452

  1. Tex. Occupations Code Sec. 452.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 452.002. APPLICATION OF SUNSET ACT. The Executive Council of Physical Therapy and Occupational Therapy Examiners is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the executive council is abolished and the following laws expire September 1, 2033:

  3. Tex. Occupations Code Sec. 452.051. APPOINTMENT OF EXECUTIVE COUNCIL.

  4. Tex. Occupations Code Sec. 452.052. ELIGIBILITY OF PUBLIC MEMBER APPOINTED BY GOVERNOR. A person is not eligible for appointment by the governor as a public member of the executive council if the person or the person's spouse:

  5. Tex. Occupations Code Sec. 452.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.

  6. Tex. Occupations Code Sec. 452.054. TERMS; VACANCY.

  7. Tex. Occupations Code Sec. 452.055. PRESIDING OFFICER. The member appointed by the governor is the presiding officer of the executive council.

  8. Tex. Occupations Code Sec. 452.056. GROUNDS FOR REMOVAL.

  9. Tex. Occupations Code Sec. 452.057. COMPENSATION; REIMBURSEMENT.

  10. Tex. Occupations Code Sec. 452.058. MEETINGS; QUORUM.

  11. Tex. Occupations Code Sec. 452.059. TRAINING.

  12. Tex. Occupations Code Sec. 452.101. DIRECTOR; PERSONNEL.

  13. Tex. Occupations Code Sec. 452.102. DIVISION OF RESPONSIBILITIES. The executive council shall develop and implement policies that clearly separate the policymaking responsibilities of the executive council and the management responsibilities of the director and the staff of the executive council.

  14. Tex. Occupations Code Sec. 452.103. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.

  15. Tex. Occupations Code Sec. 452.104. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT.

  16. Tex. Occupations Code Sec. 452.151. GENERAL POWERS AND DUTIES.

  17. Tex. Occupations Code Sec. 452.152. ADMINISTRATIVE FUNCTIONS.

  18. Tex. Occupations Code Sec. 452.153. LIMITATION ON EXECUTIVE COUNCIL AUTHORITY.

  19. Tex. Occupations Code Sec. 452.154. FEES. The executive council shall set all fees for a license issued or service performed by a board represented on the executive council.

  20. Tex. Occupations Code Sec. 452.155. RULES. Subject to Section 452.156, the appropriate professional board shall adopt rules concerning the qualifications, licensing, regulation, or practice of a profession.

  21. Tex. Occupations Code Sec. 452.156. REVIEW OF RULES.

  22. Tex. Occupations Code Sec. 452.157. REVIEW OF BOARDS.

  23. Tex. Occupations Code Sec. 452.158. DISBURSEMENT OF FUNDS. The executive council may authorize from its appropriated funds all necessary disbursements to carry out:

  24. Tex. Occupations Code Sec. 452.160. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION.

  25. Tex. Occupations Code Sec. 452.201. PUBLIC INTEREST INFORMATION.

  26. Tex. Occupations Code Sec. 452.202. COMPLAINTS.

  27. Tex. Occupations Code Sec. 452.203. PUBLIC PARTICIPATION.

Chapter 453

  1. Tex. Occupations Code Sec. 453.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 453.002. APPLICATION OF SUNSET ACT. The Texas Board of Physical Therapy Examiners is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033.

  3. Tex. Occupations Code Sec. 453.003. CONFLICT WITH OTHER LAW. To the extent of any conflict between this chapter and Chapter 452, Chapter 452 controls.

  4. Tex. Occupations Code Sec. 453.004. EFFECT OF CHAPTER; APPLICABILITY.

  5. Tex. Occupations Code Sec. 453.005. PRACTICE OF PHYSICAL THERAPY.

  6. Tex. Occupations Code Sec. 453.006. PRACTICE OF MEDICINE.

  7. Tex. Occupations Code Sec. 453.051. BOARD MEMBERSHIP.

  8. Tex. Occupations Code Sec. 453.052. PURPOSE OF BOARD. The board shall regulate the practice of physical therapy in this state to safeguard the public health and welfare.

  9. Tex. Occupations Code Sec. 453.053. PUBLIC MEMBER ELIGIBILITY. A person is not eligible for appointment as a public member of the board if the person or the person's spouse:

  10. Tex. Occupations Code Sec. 453.054. MEMBERSHIP RESTRICTIONS.

  11. Tex. Occupations Code Sec. 453.055. TERMS; VACANCY.

  12. Tex. Occupations Code Sec. 453.056. GROUNDS FOR REMOVAL.

  13. Tex. Occupations Code Sec. 453.057. PER DIEM REIMBURSEMENT.

  14. Tex. Occupations Code Sec. 453.058. OFFICERS.

  15. Tex. Occupations Code Sec. 453.059. MEETINGS.

  16. Tex. Occupations Code Sec. 453.060. TRAINING.

  17. Tex. Occupations Code Sec. 453.061. CIVIL LIABILITY. A member of the board is not liable in a civil action for an act performed in good faith in executing duties as a board member.

  18. Tex. Occupations Code Sec. 453.101. GENERAL POWERS AND DUTIES. Except as provided by Chapter 452, the board shall administer and enforce this chapter.

  19. Tex. Occupations Code Sec. 453.102. RULES.

  20. Tex. Occupations Code Sec. 453.103. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.

  21. Tex. Occupations Code Sec. 453.104. FEES.

  22. Tex. Occupations Code Sec. 453.105. EMPLOYEES; DIVISION OF RESPONSIBILITIES.

  23. Tex. Occupations Code Sec. 453.106. LIST OF LICENSE HOLDERS.

  24. Tex. Occupations Code Sec. 453.1061. PLACE OF EMPLOYMENT. The board may require that a license holder provide current information in a readily accessible and usable format regarding the license holder's place of employment as a physical therapist or physical therapist assistant.

  25. Tex. Occupations Code Sec. 453.107. BOARD DUTIES REGARDING COMPLAINTS.

  26. Tex. Occupations Code Sec. 453.108. PROSECUTING VIOLATIONS. The board shall assist the proper legal authorities in prosecuting a person who violates this chapter.

  27. Tex. Occupations Code Sec. 453.109. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION.

  28. Tex. Occupations Code Sec. 453.151. PUBLIC INTEREST INFORMATION.

  29. Tex. Occupations Code Sec. 453.152. COMPLAINTS. A license holder shall at all times prominently display in the license holder's place of business a sign containing:

  30. Tex. Occupations Code Sec. 453.153. RECORD OF COMPLAINTS.

  31. Tex. Occupations Code Sec. 453.154. GENERAL RULES INVOLVING COMPLAINT INVESTIGATION AND DISPOSITION.

  32. Tex. Occupations Code Sec. 453.155. PUBLIC PARTICIPATION.

  33. Tex. Occupations Code Sec. 453.201. LICENSE REQUIRED; USE OF TITLE.

  34. Tex. Occupations Code Sec. 453.202. LICENSE APPLICATION.

  35. Tex. Occupations Code Sec. 453.203. QUALIFICATIONS FOR PHYSICAL THERAPIST OR PHYSICAL THERAPIST ASSISTANT LICENSE.

  36. Tex. Occupations Code Sec. 453.204. FOREIGN-TRAINED APPLICANTS.

  37. Tex. Occupations Code Sec. 453.205. LICENSE EXAMINATION.

  38. Tex. Occupations Code Sec. 453.207. REEXAMINATION.

  39. Tex. Occupations Code Sec. 453.208. ISSUANCE OF LICENSE.

  40. Tex. Occupations Code Sec. 453.209. PROVISIONAL LICENSE.

  41. Tex. Occupations Code Sec. 453.210. TEMPORARY LICENSE.

  42. Tex. Occupations Code Sec. 453.211. INACTIVE STATUS.

  43. Tex. Occupations Code Sec. 453.212. DISPLAY OF LICENSE. A license holder under this chapter shall display the license holder's license in a conspicuous place in the principal office in which the license holder practices physical therapy.

  44. Tex. Occupations Code Sec. 453.214. LICENSE BY ENDORSEMENT.

  45. Tex. Occupations Code Sec. 453.215. CRIMINAL HISTORY RECORD INFORMATION FOR LICENSE ISSUANCE.

  46. Tex. Occupations Code Sec. 453.251. LICENSE EXPIRATION.

  47. Tex. Occupations Code Sec. 453.252. RENEWAL OF LICENSE.

  48. Tex. Occupations Code Sec. 453.253. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER.

  49. Tex. Occupations Code Sec. 453.254. CONTINUING COMPETENCE.

  50. Tex. Occupations Code Sec. 453.255. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE RENEWAL.

  51. Tex. Occupations Code Sec. 453.301. PRACTICE BY PHYSICAL THERAPIST.

  52. Tex. Occupations Code Sec. 453.302. TREATING PATIENT WITHOUT REFERRAL.

  53. Tex. Occupations Code Sec. 453.303. PROHIBITED USE OF CERTAIN PROCEDURES. In practicing physical therapy, a person may not use:

  54. Tex. Occupations Code Sec. 453.304. PROHIBITED PRACTICE. It is a violation of this chapter for an individual licensed by the board to violate Section 102.001.

  55. Tex. Occupations Code Sec. 453.351. GROUNDS FOR DENIAL OF LICENSE OR DISCIPLINE OF LICENSE HOLDER.

  56. Tex. Occupations Code Sec. 453.352. PROCEDURE FOR LICENSE DENIAL OR DISCIPLINARY ACTION; SCHEDULE OF SANCTIONS.

  57. Tex. Occupations Code Sec. 453.3525. SCHEDULE OF SANCTIONS.

  58. Tex. Occupations Code Sec. 453.353. SUBPOENAS.

  59. Tex. Occupations Code Sec. 453.354. TEMPORARY LICENSE SUSPENSION.

  60. Tex. Occupations Code Sec. 453.355. REISSUANCE OF LICENSE; ISSUANCE OF LICENSE AFTER DENIAL.

  61. Tex. Occupations Code Sec. 453.356. INFORMAL PROCEEDINGS.

  62. Tex. Occupations Code Sec. 453.401. IMPOSITION OF PENALTY. The board may impose an administrative penalty on a person licensed or regulated under this chapter who violates this chapter or a rule or order adopted under this chapter.

  63. Tex. Occupations Code Sec. 453.402. AMOUNT OF PENALTY.

  64. Tex. Occupations Code Sec. 453.403. ADMINISTRATIVE PROCEDURE.

  65. Tex. Occupations Code Sec. 453.451. INJUNCTIVE RELIEF. The attorney general, a district attorney, a county attorney, or any other person may institute a proceeding to enforce this chapter, including a suit to enjoin or restrain a person from practicing physical therapy without complying with this chapter.

  66. Tex. Occupations Code Sec. 453.452. MONITORING OF LICENSE HOLDER. The board by rule shall develop a system for monitoring a license holder's compliance with this chapter. The rules must include procedures for:

  67. Tex. Occupations Code Sec. 453.453. CIVIL PENALTY.

  68. Tex. Occupations Code Sec. 453.454. RECOVERY OF COSTS AND FEES. A person other than the attorney general, a district attorney, or a county attorney who brings an action to enforce this chapter or for injunctive relief may recover the person's court costs and attorney's fees.

  69. Tex. Occupations Code Sec. 453.455. CRIMINAL OFFENSE.

  70. SECTION 1. PURPOSE

  71. SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

  72. SECTION 11. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT

  73. SECTION 12. CONSTRUCTION AND SEVERABILITY

  74. SECTION 2. DEFINITIONS

  75. SECTION 3. STATE PARTICIPATION IN THE COMPACT

  76. SECTION 4. COMPACT PRIVILEGE

  77. SECTION 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES

  78. SECTION 6. ADVERSE ACTIONS

  79. SECTION 7. ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT COMMISSION

  80. SECTION 8. DATA SYSTEM

  81. SECTION 9. RULEMAKING

  82. Tex. Occupations Code Sec. 453.501. PHYSICAL THERAPY LICENSURE COMPACT. The Physical Therapy Licensure Compact is enacted and entered into with all other jurisdictions that legally join in the compact, which reads as follows:

  83. Tex. Occupations Code Sec. 453.502. ADMINISTRATION OF COMPACT. The board is the Physical Therapy Licensure Compact administrator for this state.

  84. Tex. Occupations Code Sec. 453.503. RULES. The board may adopt rules necessary to implement this subchapter.

  85. Tex. Occupations Code Sec. 453.504. PHYSICAL THERAPY LICENSURE COMPACT; DISCLOSURE OF PERSONAL INFORMATION.

Chapter 454

  1. Tex. Occupations Code Sec. 454.001. SHORT TITLE. This chapter may be cited as the Occupational Therapy Practice Act.

  2. Tex. Occupations Code Sec. 454.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 454.003. APPLICATION OF SUNSET ACT. The Texas Board of Occupational Therapy Examiners is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033.

  4. Tex. Occupations Code Sec. 454.004. CONFLICT WITH OTHER LAW. To the extent of any conflict between this chapter and Chapter 452, Chapter 452 controls.

  5. Tex. Occupations Code Sec. 454.005. APPLICABILITY.

  6. Tex. Occupations Code Sec. 454.006. PRACTICE OF OCCUPATIONAL THERAPY.

  7. Tex. Occupations Code Sec. 454.007. USE OF TITLE OF DOCTOR. An occupational therapist or occupational therapy assistant may not use the abbreviation "Dr.," the word "Doctor," or any suffix or affix indicating or implying that the person is a physician.

  8. Tex. Occupations Code Sec. 454.051. BOARD MEMBERSHIP.

  9. Tex. Occupations Code Sec. 454.052. PUBLIC MEMBER ELIGIBILITY. A person is not eligible for appointment as a public member of the board if the person or the person's spouse:

  10. Tex. Occupations Code Sec. 454.053. MEMBERSHIP RESTRICTIONS.

  11. Tex. Occupations Code Sec. 454.054. TERMS; VACANCY.

  12. Tex. Occupations Code Sec. 454.055. GROUNDS FOR REMOVAL.

  13. Tex. Occupations Code Sec. 454.056. PER DIEM; REIMBURSEMENT.

  14. Tex. Occupations Code Sec. 454.057. OFFICERS.

  15. Tex. Occupations Code Sec. 454.058. MEETINGS.

  16. Tex. Occupations Code Sec. 454.059. TRAINING.

  17. Tex. Occupations Code Sec. 454.060. CIVIL LIABILITY. A member of the board is not liable in a civil action for an act performed in good faith while performing duties as a board member.

  18. Tex. Occupations Code Sec. 454.101. GENERAL POWERS AND DUTIES. Except as provided by Chapter 452, the board shall administer and enforce this chapter.

  19. Tex. Occupations Code Sec. 454.102. RULES. The board shall adopt rules consistent with this chapter to carry out its duties in administering this chapter.

  20. Tex. Occupations Code Sec. 454.103. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.

  21. Tex. Occupations Code Sec. 454.104. FEES.

  22. Tex. Occupations Code Sec. 454.105. EMPLOYEES; DIVISION OF RESPONSIBILITIES.

  23. Tex. Occupations Code Sec. 454.106. LIST OF LICENSE HOLDERS.

  24. Tex. Occupations Code Sec. 454.1061. PLACE OF EMPLOYMENT. The board may require that a license holder provide current information in a readily accessible and usable format regarding the license holder's current place of employment as an occupational therapist or occupational therapy assistant.

  25. Tex. Occupations Code Sec. 454.107. BOARD DUTIES REGARDING COMPLAINTS.

  26. Tex. Occupations Code Sec. 454.108. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION.

  27. Tex. Occupations Code Sec. 454.151. PUBLIC INTEREST INFORMATION.

  28. Tex. Occupations Code Sec. 454.152. RECORD OF COMPLAINTS.

  29. Tex. Occupations Code Sec. 454.153. GENERAL RULES INVOLVING COMPLAINT INVESTIGATION AND DISPOSITION.

  30. Tex. Occupations Code Sec. 454.154. PUBLIC PARTICIPATION.

  31. Tex. Occupations Code Sec. 454.201. LICENSE REQUIRED; USE OF TITLE.

  32. Tex. Occupations Code Sec. 454.202. APPLICATION.

  33. Tex. Occupations Code Sec. 454.203. QUALIFICATIONS FOR OCCUPATIONAL THERAPIST OR OCCUPATIONAL THERAPY ASSISTANT LICENSE. An applicant for an occupational therapist license or an occupational therapy assistant license must present evidence satisfactory to the board that the applicant has:

  34. Tex. Occupations Code Sec. 454.204. EDUCATIONAL REQUIREMENTS. To satisfy Section 454.203(1):

  35. Tex. Occupations Code Sec. 454.205. FOREIGN-TRAINED APPLICANTS.

  36. Tex. Occupations Code Sec. 454.207. LICENSE EXAMINATION.

  37. Tex. Occupations Code Sec. 454.210. PROVISIONAL LICENSE.

  38. Tex. Occupations Code Sec. 454.211. TEMPORARY LICENSE.

  39. Tex. Occupations Code Sec. 454.212. INACTIVE STATUS.

  40. Tex. Occupations Code Sec. 454.213. ACCEPTED PRACTICE; PRACTITIONER'S REFERRAL.

  41. Tex. Occupations Code Sec. 454.214. DISPLAY OF LICENSE AND RENEWAL CERTIFICATE. A license holder under this chapter shall display the license holder's license and renewal certificate in a conspicuous place in the principal office in which the license holder practices occupational therapy.

  42. Tex. Occupations Code Sec. 454.216. LICENSE BY ENDORSEMENT.

  43. Tex. Occupations Code Sec. 454.217. CRIMINAL HISTORY RECORD INFORMATION FOR LICENSE ISSUANCE.

  44. Tex. Occupations Code Sec. 454.251. LICENSE EXPIRATION.

  45. Tex. Occupations Code Sec. 454.252. RENEWAL OF LICENSE.

  46. Tex. Occupations Code Sec. 454.253. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER.

  47. Tex. Occupations Code Sec. 454.254. MANDATORY CONTINUING EDUCATION.

  48. Tex. Occupations Code Sec. 454.255. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE RENEWAL.

  49. Tex. Occupations Code Sec. 454.301. GROUNDS FOR DENIAL OF LICENSE OR DISCIPLINE OF LICENSE HOLDER.

  50. Tex. Occupations Code Sec. 454.302. PROCEDURES FOR DISCIPLINARY ACTION; SCHEDULE OF SANCTIONS.

  51. Tex. Occupations Code Sec. 454.3025. SCHEDULE OF SANCTIONS.

  52. Tex. Occupations Code Sec. 454.303. ISSUANCE OF LICENSE AFTER DENIAL; REISSUANCE OF LICENSE. On application by the person, the board may issue a license to a person whose license has been denied or reissue a license to a person who has been disciplined by the board. The application:

  53. Tex. Occupations Code Sec. 454.304. INFORMAL PROCEEDINGS.

  54. Tex. Occupations Code Sec. 454.305. EMERGENCY SUSPENSION.

  55. Tex. Occupations Code Sec. 454.306. SUBPOENA.

  56. Tex. Occupations Code Sec. 454.351. INJUNCTIVE RELIEF. The attorney general, a district attorney, a county attorney, or any other person may institute a proceeding to enforce this chapter, including a suit to enjoin a person from practicing occupational therapy without complying with this chapter.

  57. Tex. Occupations Code Sec. 454.352. MONITORING OF LICENSE HOLDER. The board by rule shall develop a system for monitoring a license holder's compliance with this chapter. The rules must include procedures for:

  58. Tex. Occupations Code Sec. 454.3521. ADMINISTRATIVE PENALTY.

  59. Tex. Occupations Code Sec. 454.353. CIVIL PENALTY.

  60. Tex. Occupations Code Sec. 454.354. RECOVERY OF COSTS AND FEES. A person other than the attorney general, a district attorney, or a county attorney who brings an action to enforce this chapter or for injunctive relief may recover the person's court costs and attorney's fees.

  61. Tex. Occupations Code Sec. 454.355. CRIMINAL OFFENSE.

Chapter 455

  1. Tex. Occupations Code Sec. 455.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 455.002. MASSAGE THERAPY AS HEALTH CARE SERVICE.

  3. Tex. Occupations Code Sec. 455.003. PRACTICES INCLUDED IN MASSAGE THERAPY. Massage therapy includes the use of oil, salt glows, heat lamps, hot and cold packs, and tub, shower, or cabinet baths.

  4. Tex. Occupations Code Sec. 455.004. APPLICABILITY OF CHAPTER. This chapter does not apply to:

  5. Tex. Occupations Code Sec. 455.005. EFFECT ON LOCAL LAW.

  6. Tex. Occupations Code Sec. 455.0511. GENERAL POWERS AND DUTIES.

  7. Tex. Occupations Code Sec. 455.052. RULES REGARDING MASSAGE ESTABLISHMENTS. Rules adopted under this chapter relating to a massage establishment must contain minimum standards for:

  8. Tex. Occupations Code Sec. 455.053. RULES REGARDING MASSAGE SCHOOLS. Rules adopted under this chapter relating to a massage school must contain minimum standards for:

  9. Tex. Occupations Code Sec. 455.054. RULES REGARDING MASSAGE THERAPISTS. Rules adopted under this chapter relating to a massage therapist must contain minimum standards for:

  10. Tex. Occupations Code Sec. 455.055. RULES REGARDING MASSAGE THERAPY INSTRUCTORS. Rules adopted under this chapter relating to a massage therapy instructor must contain minimum standards for:

  11. Tex. Occupations Code Sec. 455.059. INSPECTIONS; INVESTIGATIONS. The department, the department's authorized representative, or a peace officer may enter the premises of a massage establishment or massage school at:

  12. Tex. Occupations Code Sec. 455.101. ADVISORY BOARD MEMBERSHIP.

  13. Tex. Occupations Code Sec. 455.102. DUTIES OF ADVISORY BOARD. The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.

  14. Tex. Occupations Code Sec. 455.103. TERMS; VACANCIES.

  15. Tex. Occupations Code Sec. 455.104. PRESIDING OFFICER.

  16. Tex. Occupations Code Sec. 455.105. MEETINGS. The advisory board shall meet at the call of the executive director or the presiding officer of the commission.

  17. Tex. Occupations Code Sec. 455.151. LICENSE REQUIRED.

  18. Tex. Occupations Code Sec. 455.152. INELIGIBILITY FOR LICENSE. A person is not eligible for a license as a massage establishment, massage school, massage therapist, or massage therapy instructor if the person is an individual and has been convicted of, entered a plea of nolo contendere or guilty to, or received deferred adjudication for:

  19. Tex. Occupations Code Sec. 455.1525. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE ISSUANCE.

  20. Tex. Occupations Code Sec. 455.153. APPLICATION FOR LICENSE. An applicant for a license under this chapter must:

  21. Tex. Occupations Code Sec. 455.154. GENERAL PROVISIONS RELATING TO LICENSES.

  22. Tex. Occupations Code Sec. 455.155. LICENSE EXEMPTION.

  23. Tex. Occupations Code Sec. 455.156. LICENSE REQUIREMENTS FOR MASSAGE THERAPIST.

  24. Tex. Occupations Code Sec. 455.159. STUDENT INTERNSHIP PROGRAM.

  25. Tex. Occupations Code Sec. 455.160. LICENSE TERM AND RENEWAL.

  26. Tex. Occupations Code Sec. 455.161. STUDENT PERMIT; ELIGIBILITY.

  27. Tex. Occupations Code Sec. 455.201. REFERRAL FROM PHYSICIAN. A person issued a license may receive referrals from a physician to administer massage therapy.

  28. Tex. Occupations Code Sec. 455.202. PRACTICE BY MASSAGE ESTABLISHMENT.

  29. Tex. Occupations Code Sec. 455.203. PRACTICE BY MASSAGE SCHOOL OR INSTRUCTOR AT SCHOOL.

  30. Tex. Occupations Code Sec. 455.2035. REPORTS TO DEPARTMENT.

  31. Tex. Occupations Code Sec. 455.204. DISPLAY OF LICENSE.

  32. Tex. Occupations Code Sec. 455.205. PROHIBITED PRACTICES.

  33. Tex. Occupations Code Sec. 455.206. NEW LICENSE REQUIRED FOR CHANGE OF LOCATION OF ESTABLISHMENT OR SCHOOL. A massage establishment or massage school may not change the location of the establishment or school without obtaining a new massage establishment or massage school license under this chapter, as appropriate.

  34. Tex. Occupations Code Sec. 455.207. POSTING OF CERTAIN NOTICES REQUIRED.

  35. Tex. Occupations Code Sec. 455.251. GROUNDS FOR LICENSE DENIAL, DISCIPLINARY ACTION, OR ADMINISTRATIVE PENALTY.

  36. Tex. Occupations Code Sec. 455.252. EMERGENCY ORDER. The executive director may issue an emergency order under Section 51.3511 halting the operation of a massage establishment if:

  37. Tex. Occupations Code Sec. 455.351. INJUNCTIVE RELIEF; CIVIL PENALTY.

  38. Tex. Occupations Code Sec. 455.352. CRIMINAL PENALTY.

  39. Tex. Occupations Code Sec. 455.353. ENFORCEMENT BY PEACE OFFICERS. A peace officer of this state, including a peace officer employed by a political subdivision of the state, may enforce this chapter.

Chapter 501

  1. Tex. Occupations Code Sec. 501.001. SHORT TITLE. This chapter may be cited as the Psychologists' Licensing Act.

  2. Tex. Occupations Code Sec. 501.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 501.003. DEFINITION: PRACTICE OF PSYCHOLOGY.

  4. Tex. Occupations Code Sec. 501.004. APPLICABILITY.

  5. Tex. Occupations Code Sec. 501.051. BOARD MEMBERSHIP.

  6. Tex. Occupations Code Sec. 501.052. ELIGIBILITY OF PUBLIC MEMBERS. A person is not eligible for appointment as a public member of the board if:

  7. Tex. Occupations Code Sec. 501.053. MEMBERSHIP RESTRICTIONS.

  8. Tex. Occupations Code Sec. 501.054. TERMS; VACANCY.

  9. Tex. Occupations Code Sec. 501.055. GROUNDS FOR REMOVAL.

  10. Tex. Occupations Code Sec. 501.056. PER DIEM; REIMBURSEMENT.

  11. Tex. Occupations Code Sec. 501.057. OFFICERS; MEETINGS.

  12. Tex. Occupations Code Sec. 501.058. OATH OF OFFICE. Before entering office, a board member must file with the secretary of state the constitutional oath taken by the person.

  13. Tex. Occupations Code Sec. 501.059. TRAINING PROGRAM FOR MEMBERS.

  14. Tex. Occupations Code Sec. 501.151. GENERAL POWERS AND DUTIES OF EXECUTIVE COUNCIL.

  15. Tex. Occupations Code Sec. 501.1515. BOARD DUTIES. The board shall propose to the executive council:

  16. Tex. Occupations Code Sec. 501.155. VOLUNTARY GUIDELINES.

  17. Tex. Occupations Code Sec. 501.158. COMPETENCY REQUIREMENTS.

  18. Tex. Occupations Code Sec. 501.251. LICENSE REQUIRED. A person may not engage in or represent that the person is engaged in the practice of psychology unless the person is licensed under this chapter or exempt under Section 501.004.

  19. Tex. Occupations Code Sec. 501.252. PSYCHOLOGIST LICENSE APPLICATION.

  20. Tex. Occupations Code Sec. 501.2525. LICENSE QUALIFICATIONS.

  21. Tex. Occupations Code Sec. 501.253. PROVISIONAL STATUS FOR CERTAIN APPLICANTS.

  22. Tex. Occupations Code Sec. 501.256. EXAMINATIONS.

  23. Tex. Occupations Code Sec. 501.259. LICENSING OF PSYCHOLOGICAL ASSOCIATE.

  24. Tex. Occupations Code Sec. 501.260. SCHOOL PSYCHOLOGIST.

  25. Tex. Occupations Code Sec. 501.261. FORM OF LICENSE.

  26. Tex. Occupations Code Sec. 501.262. RECIPROCAL LICENSE. The executive council may enter into and implement agreements with other jurisdictions for the issuance of a license by reciprocity if the other jurisdiction's requirements for licensing, certification, or registration are substantially equal to the requirements of this chapter.

  27. Tex. Occupations Code Sec. 501.263. TEMPORARY LICENSE.

  28. Tex. Occupations Code Sec. 501.264. INACTIVE STATUS.

  29. Tex. Occupations Code Sec. 501.301. LICENSE EXPIRATION AND RENEWAL.

  30. Tex. Occupations Code Sec. 501.351. GENERAL AUTHORITY TO DELEGATE.

  31. Tex. Occupations Code Sec. 501.352. PERFORMANCE OF DELEGATED ACT DOES NOT CONSTITUTE PRACTICE OF PSYCHOLOGY. A person to whom a psychologist delegates a psychological test or service under Section 501.351(a) is not considered to be engaged in the independent practice of psychology without a license issued under this chapter unless the person acts with the knowledge that the delegation and the action taken under the delegation violate this subtitle.

  32. Tex. Occupations Code Sec. 501.401. GROUNDS FOR DISCIPLINARY ACTION. The executive council shall take disciplinary action under Subchapter G, Chapter 507, against a license holder who:

  33. Tex. Occupations Code Sec. 501.407. REMEDIAL CONTINUING EDUCATION. The executive council may require a license holder who violates this chapter to participate in a continuing education program. The executive council shall specify the continuing education program that the person may attend and the number of hours that the person must complete to fulfill the requirements of this section.

  34. Tex. Occupations Code Sec. 501.408. CORRECTIVE ADVERTISING. The executive council may order corrective advertising if a psychologist, individually or under an assumed name, engages in false, misleading, or deceptive advertising.

  35. Tex. Occupations Code Sec. 501.411. REMEDIAL PLAN.

  36. Tex. Occupations Code Sec. 501.503. CRIMINAL PENALTY.

  37. Tex. Occupations Code Sec. 501.505. OPTION TO ORDER REFUND.

  38. ARTICLE I. PURPOSE

  39. ARTICLE II. DEFINITIONS

  40. ARTICLE III. HOME STATE LICENSURE

  41. ARTICLE IV. COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY

  42. ARTICLE IX. COORDINATED LICENSURE INFORMATION SYSTEM

  43. ARTICLE V. COMPACT TEMPORARY AUTHORIZATION TO PRACTICE

  44. ARTICLE VI. CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING STATE

  45. ARTICLE VII. ADVERSE ACTIONS

  46. ARTICLE VIII. ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S PSYCHOLOGY REGULATORY AUTHORITY

  47. ARTICLE X. ESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT COMMISSION

  48. ARTICLE XI. RULEMAKING

  49. ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT

  50. ARTICLE XIII. DATE OF IMPLEMENTATION OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENTS

  51. ARTICLE XIV. CONSTRUCTION AND SEVERABILITY

  52. Tex. Occupations Code Sec. 501.601. PSYCHOLOGY INTERJURISDICTIONAL COMPACT. The Psychology Interjurisdictional Compact is enacted and entered into as follows:

  53. Tex. Occupations Code Sec. 501.602. RULES ADOPTED UNDER COMPACT. The Psychology Interjurisdictional Compact Commission established under the Psychology Interjurisdictional Compact under Section 501.601 may not adopt rules that alter the requirements or scope of practice of a license issued under this chapter. Any rule adopted by the Psychology Interjurisdictional Compact Commission that purports to alter the requirements or scope of practice of a license issued under this chapter is not enforceable.

  54. Tex. Occupations Code Sec. 501.603. DISCLOSURE OF PERSONAL INFORMATION.

Chapter 502

  1. Tex. Occupations Code Sec. 502.001. SHORT TITLE. This chapter may be cited as the Licensed Marriage and Family Therapist Act.

  2. Tex. Occupations Code Sec. 502.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 502.004. APPLICATION OF CHAPTER. This chapter does not apply to:

  4. Tex. Occupations Code Sec. 502.051. BOARD; MEMBERSHIP.

  5. Tex. Occupations Code Sec. 502.052. MEMBERSHIP; RESTRICTIONS.

  6. Tex. Occupations Code Sec. 502.053. MEMBERSHIP RESTRICTIONS.

  7. Tex. Occupations Code Sec. 502.054. TERMS; VACANCY.

  8. Tex. Occupations Code Sec. 502.055. OFFICERS.

  9. Tex. Occupations Code Sec. 502.056. GROUNDS FOR REMOVAL.

  10. Tex. Occupations Code Sec. 502.057. COMPENSATION; REIMBURSEMENT.

  11. Tex. Occupations Code Sec. 502.058. MEETINGS.

  12. Tex. Occupations Code Sec. 502.059. TRAINING REQUIREMENTS.

  13. Tex. Occupations Code Sec. 502.151. GENERAL POWERS AND DUTIES OF EXECUTIVE COUNCIL. The executive council shall:

  14. Tex. Occupations Code Sec. 502.1515. BOARD DUTIES. The board shall propose to the executive council:

  15. Tex. Occupations Code Sec. 502.155. POWERS AND DUTIES REGARDING EXAMINATION. The executive council shall:

  16. Tex. Occupations Code Sec. 502.159. EX PARTE COMMUNICATION PROHIBITED. A member of the executive council or board or an employee of the executive council who is assigned to make a decision, a finding of fact, or a conclusion of law in a proceeding pending before the executive council may not directly or indirectly communicate with a party to the proceeding or the party's representative unless notice and an opportunity to participate are given to each party to the proceeding.

  17. Tex. Occupations Code Sec. 502.251. LICENSE REQUIRED.

  18. Tex. Occupations Code Sec. 502.252. LICENSE APPLICATION.

  19. Tex. Occupations Code Sec. 502.253. APPLICATION REVIEW; ELIGIBILITY EXAMINATION.

  20. Tex. Occupations Code Sec. 502.254. LICENSE EXAMINATION.

  21. Tex. Occupations Code Sec. 502.2541. JURISPRUDENCE EXAMINATION.

  22. Tex. Occupations Code Sec. 502.2545. WAIVER OF EXAMINATION FOR CERTAIN APPLICANTS.

  23. Tex. Occupations Code Sec. 502.257. ISSUANCE OF LICENSE. The executive council shall issue a license as a licensed marriage and family therapist associate or licensed marriage and family therapist, as appropriate, to an applicant who:

  24. Tex. Occupations Code Sec. 502.258. TEMPORARY LICENSE.

  25. Tex. Occupations Code Sec. 502.259. PROVISIONAL LICENSE.

  26. Tex. Occupations Code Sec. 502.260. INACTIVE STATUS.

  27. Tex. Occupations Code Sec. 502.261. DUTIES OF LICENSE HOLDER.

  28. Tex. Occupations Code Sec. 502.301. RENEWAL OF LICENSE.

  29. Tex. Occupations Code Sec. 502.351. GROUNDS FOR DISCIPLINARY ACTIONS. The executive council shall take disciplinary action under Subchapter G, Chapter 507, against a license holder who:

  30. Tex. Occupations Code Sec. 502.357. GROUNDS FOR REFUSING RENEWAL. The executive council may refuse to renew the license of a person who fails to pay an administrative penalty imposed under Subchapter H, Chapter 507, unless enforcement of the penalty is stayed or a court has ordered that the administrative penalty is not owed.

  31. Tex. Occupations Code Sec. 502.358. REFUND.

  32. Tex. Occupations Code Sec. 502.454. CRIMINAL PENALTY.

Chapter 503

  1. Tex. Occupations Code Sec. 503.001. SHORT TITLE. This chapter may be cited as the Licensed Professional Counselor Act.

  2. Tex. Occupations Code Sec. 503.002. GENERAL DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 503.003. DEFINITION: PRACTICE OF PROFESSIONAL COUNSELING.

  4. Tex. Occupations Code Sec. 503.004. PRACTICE OF MEDICINE NOT AUTHORIZED. This chapter does not authorize the practice of medicine as defined by the law of this state.

  5. Tex. Occupations Code Sec. 503.051. COUNSELING FOR GOVERNMENT OR EDUCATIONAL INSTITUTION. This chapter does not apply to an activity, service, or use of an official title by a person employed as a counselor by a federal, state, county, or municipal agency or, except as provided by Section 21.003(b), Education Code, by a public or private educational institution if the person is performing counseling or counseling-related activities within the scope of the person's employment.

  6. Tex. Occupations Code Sec. 503.052. COUNSELOR INTERN. This chapter does not apply to an activity or service of a student, intern, or trainee in counseling pursuing a course of study in counseling in a regionally accredited institution of higher education or training institution if:

  7. Tex. Occupations Code Sec. 503.054. COUNSELING BY OTHER LICENSED OR CERTIFIED PROFESSIONAL OR BY RELIGIOUS PRACTITIONER. This chapter does not apply to an activity or service of any of the following persons performing counseling consistent with the law of this state, the person's training, and any code of ethics of the person's profession if the person does not represent the person by any title or description as described by the definition of "licensed professional counselor" in Section 503.002:

  8. Tex. Occupations Code Sec. 503.055. PERSON LICENSED TO PRACTICE LAW. This chapter does not apply to an activity, service, title, or description of a person licensed to practice law.

  9. Tex. Occupations Code Sec. 503.056. COUNSELING FOR NONPROFIT ORGANIZATION OR CHARITY. This chapter does not apply to an activity, service, title, or description of a person who is employed as a professional by or who volunteers in the practice of counseling for a public or private nonprofit organization or charity if the person:

  10. Tex. Occupations Code Sec. 503.057. COUNSELING UNDER OTHER CERTIFICATION. This chapter does not apply to an activity, service, title, or description of a person certified by the Commission on Rehabilitation Counselor Certification or the Commission on Certification of Work Adjustment and Vocational Evaluation Specialists who:

  11. Tex. Occupations Code Sec. 503.059. EXEMPT PERSON VOLUNTARILY LICENSED UNDER CHAPTER. A person otherwise exempt under this subchapter who obtains a license under this chapter is subject to this chapter to the same extent as any other person licensed under this chapter.

  12. Tex. Occupations Code Sec. 503.060. MUSICAL THERAPY SERVICES. This chapter does not apply to an activity, service, title, or description of a person who:

  13. Tex. Occupations Code Sec. 503.101. BOARD MEMBERSHIP.

  14. Tex. Occupations Code Sec. 503.102. MEMBERSHIP QUALIFICATIONS.

  15. Tex. Occupations Code Sec. 503.103. ELIGIBILITY OF PUBLIC MEMBERS. A person is not eligible for appointment as a public member of the board if:

  16. Tex. Occupations Code Sec. 503.104. MEMBERSHIP RESTRICTIONS.

  17. Tex. Occupations Code Sec. 503.105. TERMS. Board members serve staggered six-year terms with the terms of three members expiring on February 1 of each odd-numbered year. In making an appointment to the board, the governor shall specify which member the new appointee succeeds.

  18. Tex. Occupations Code Sec. 503.106. OFFICERS.

  19. Tex. Occupations Code Sec. 503.107. GROUNDS FOR REMOVAL.

  20. Tex. Occupations Code Sec. 503.108. REIMBURSEMENT. A board member may receive reimbursement for expenses as provided by the General Appropriations Act.

  21. Tex. Occupations Code Sec. 503.109. MEETINGS. The board shall hold at least two regular meetings each year as provided by board rule.

  22. Tex. Occupations Code Sec. 503.110. TRAINING.

  23. Tex. Occupations Code Sec. 503.111. OFFICIAL OATH. Before assuming the duties of office, each board member shall file with the secretary of state a copy of the constitutional oath of office taken by the member.

  24. Tex. Occupations Code Sec. 503.201. GENERAL POWERS AND DUTIES OF EXECUTIVE COUNCIL.

  25. Tex. Occupations Code Sec. 503.2015. BOARD DUTIES. The board shall propose to the executive council:

  26. Tex. Occupations Code Sec. 503.208. COMPETENT PERFORMANCE OF PROFESSIONAL DUTIES. The board shall identify the key factors for the competent performance by a license holder of the license holder's professional duties.

  27. Tex. Occupations Code Sec. 503.301. LICENSE REQUIRED. A person may not engage in the practice of professional counseling unless the person is:

  28. Tex. Occupations Code Sec. 503.302. QUALIFICATIONS FOR LICENSE.

  29. Tex. Occupations Code Sec. 503.3025. EXPERIENCE REQUIRED TO ACT AS SUPERVISOR. The executive council shall allow a license holder who has practiced as a licensed counselor in another state to count that out-of-state experience toward any experience that the license holder is required by executive council rule to obtain to act as a supervisor under this chapter if the executive council determines that the other state has license requirements substantially equivalent to the requirements of this chapter.

  30. Tex. Occupations Code Sec. 503.303. SPECIALIZATION IN ART THERAPY.

  31. Tex. Occupations Code Sec. 503.304. REVIEW OF APPLICATION.

  32. Tex. Occupations Code Sec. 503.305. LICENSE EXAMINATION.

  33. Tex. Occupations Code Sec. 503.3055. JURISPRUDENCE EXAMINATION.

  34. Tex. Occupations Code Sec. 503.308. ASSOCIATE LICENSE.

  35. Tex. Occupations Code Sec. 503.310. PROVISIONAL LICENSE.

  36. Tex. Occupations Code Sec. 503.311. ISSUANCE OF LICENSE TO PROVISIONAL LICENSE HOLDER.

  37. Tex. Occupations Code Sec. 503.312. INACTIVE STATUS.

  38. Tex. Occupations Code Sec. 503.313. RETIREMENT STATUS. The executive council by rule may adopt a system for placing a person licensed under this chapter on retirement status.

  39. Tex. Occupations Code Sec. 503.314. DISPLAY AND SURRENDER OF LICENSE CERTIFICATE.

  40. Tex. Occupations Code Sec. 503.351. RENEWAL; ELIGIBILITY. A person licensed under this chapter may renew the license biennially if the person:

  41. Tex. Occupations Code Sec. 503.352. LICENSE EXPIRATION DATE. The executive council shall adopt a system under which licenses expire on various dates during the year. On renewal of the license on the expiration date, the total license renewal fee is payable.

  42. Tex. Occupations Code Sec. 503.353. NOTICE OF LICENSE EXPIRATION. Not later than the 30th day before the expiration date of a person's license, the executive council shall send written notice of the impending license expiration to the person at the person's last known address according to the executive council's records.

  43. Tex. Occupations Code Sec. 503.401. DISCIPLINARY ACTIONS.

  44. Tex. Occupations Code Sec. 503.407. REFUND.

  45. Tex. Occupations Code Sec. 503.452. CRIMINAL OFFENSES.

  46. Tex. Occupations Code Sec. 503.453. REPORT OF ALLEGED OFFENSE. The executive council shall notify the appropriate prosecuting attorney of an alleged offense committed under this chapter.

Chapter 504

  1. Tex. Occupations Code Sec. 504.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 504.002. EXEMPTIONS; APPLICABILITY.

  3. Tex. Occupations Code Sec. 504.051. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER. The executive commissioner shall:

  4. Tex. Occupations Code Sec. 504.0515. GENERAL POWERS AND DUTIES OF DEPARTMENT. The department shall:

  5. Tex. Occupations Code Sec. 504.052. DISCRIMINATION PROHIBITED. In taking an action or making a decision under this chapter, the executive commissioner, commissioner, and department shall do so without regard to the sex, race, religion, national origin, color, or political affiliation of the person affected. For purposes of this section, taking an action or making a decision under this chapter includes:

  6. Tex. Occupations Code Sec. 504.053. FEES; ACCOUNT.

  7. Tex. Occupations Code Sec. 504.054. COLLECTION ACTION. A district court in Travis County has exclusive jurisdiction of an action to collect an obligation owed to the department, including an administrative penalty assessed under Subchapter G.

  8. Tex. Occupations Code Sec. 504.055. OFFICIAL ROSTER.

  9. Tex. Occupations Code Sec. 504.056. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.

  10. Tex. Occupations Code Sec. 504.057. APPROVAL OF PEER ASSISTANCE PROGRAMS.

  11. Tex. Occupations Code Sec. 504.058. FUNDING FOR CHEMICAL DEPENDENCY COUNSELOR PROGRAMS.

  12. Tex. Occupations Code Sec. 504.101. CONSUMER INTEREST INFORMATION.

  13. Tex. Occupations Code Sec. 504.102. CONSUMER INFORMATION FOR FILING COMPLAINTS. Each person licensed under this chapter shall display prominently at all times in the person's place of business a sign containing:

  14. Tex. Occupations Code Sec. 504.103. RECORDS OF COMPLAINTS.

  15. Tex. Occupations Code Sec. 504.151. LICENSE REQUIRED; USE OF TITLE.

  16. Tex. Occupations Code Sec. 504.1511. OTHER CERTIFICATIONS INCLUDED ON LICENSE. A license issued under this chapter must include an area on which a license holder may apply an adhesive label issued by the Texas Certification Board of Addiction Professionals with the designation and expiration date of any other related certification held by the license holder that is approved by the International Certification Reciprocity Consortium or another entity approved by the department.

  17. Tex. Occupations Code Sec. 504.1515. COUNSELOR INTERNS.

  18. Tex. Occupations Code Sec. 504.152. ELIGIBILITY REQUIREMENTS.

  19. Tex. Occupations Code Sec. 504.1521. SUPERVISED WORK EXPERIENCE.

  20. Tex. Occupations Code Sec. 504.1525. CERTAIN GROUNDS FOR LICENSE, REGISTRATION, OR CERTIFICATION REFUSAL; EXCEPTION.

  21. Tex. Occupations Code Sec. 504.153. ALTERNATIVE QUALIFICATIONS AND EVIDENCE OF LICENSE REQUIREMENT SATISFACTION.

  22. Tex. Occupations Code Sec. 504.155. LICENSE APPLICATION.

  23. Tex. Occupations Code Sec. 504.156. LICENSE EXAMINATION.

  24. Tex. Occupations Code Sec. 504.157. EXAMINATION RESULTS; REEXAMINATION.

  25. Tex. Occupations Code Sec. 504.158. PROVISIONAL LICENSE.

  26. Tex. Occupations Code Sec. 504.159. ISSUANCE OF LICENSE TO PROVISIONAL LICENSE HOLDER.

  27. Tex. Occupations Code Sec. 504.160. ISSUANCE OF LICENSE TO CERTAIN OUT-OF-STATE APPLICANTS.

  28. Tex. Occupations Code Sec. 504.161. CRIMINAL HISTORY RECORD INFORMATION.

  29. Tex. Occupations Code Sec. 504.201. LICENSE EXPIRATION.

  30. Tex. Occupations Code Sec. 504.202. NOTICE OF LICENSE EXPIRATION AND REQUIREMENTS TO RENEW. Not later than the 31st day before the expiration date of a person's license, the department shall send to the license holder at the license holder's last known address according to department records written notice of:

  31. Tex. Occupations Code Sec. 504.2025. CERTAIN GROUNDS FOR REFUSAL TO RENEW LICENSE, REGISTRATION, OR CERTIFICATION.

  32. Tex. Occupations Code Sec. 504.2026. REFUSAL TO RENEW LICENSE: ACCESS TO PEER ASSISTANCE PROGRAM.

  33. Tex. Occupations Code Sec. 504.203. LICENSE RENEWAL.

  34. Tex. Occupations Code Sec. 504.204. RENEWAL OF EXPIRED LICENSE OF OUT-OF-STATE PRACTITIONER.

  35. Tex. Occupations Code Sec. 504.205. CONTINUING EDUCATION REQUIREMENTS.

  36. Tex. Occupations Code Sec. 504.206. CONTINUING EDUCATION RELATING TO HIV, HEPATITIS C, AND SEXUALLY TRANSMITTED DISEASES.

  37. Tex. Occupations Code Sec. 504.251. GROUNDS FOR LICENSE, REGISTRATION, OR CERTIFICATION DENIAL OR DISCIPLINARY ACTION. The department shall refuse to issue a license, registration, or certification issued by the department to an applicant, refuse to renew a license, registration, or certification holder's license, registration, or certification issued by the department, or take disciplinary action against the holder of a license, registration, or certification issued by the department if the applicant or license, registration, or certification holder:

  38. Tex. Occupations Code Sec. 504.252. DISCIPLINARY POWERS OF DEPARTMENT.

  39. Tex. Occupations Code Sec. 504.2525. SUMMARY LICENSE, REGISTRATION, OR CERTIFICATION SUSPENSION.

  40. Tex. Occupations Code Sec. 504.253. COMPLAINT AND INVESTIGATION.

  41. Tex. Occupations Code Sec. 504.254. RIGHT TO ADMINISTRATIVE HEARING.

  42. Tex. Occupations Code Sec. 504.255. APPEAL OF CERTAIN DENIALS, REFUSALS TO RENEW, AND SUSPENSIONS.

  43. Tex. Occupations Code Sec. 504.301. IMPOSITION OF PENALTY. The department may impose an administrative penalty on a person who violates this chapter or a rule adopted under this chapter.

  44. Tex. Occupations Code Sec. 504.302. AMOUNT OF PENALTY.

  45. Tex. Occupations Code Sec. 504.303. NOTICE OF VIOLATION AND PENALTY. If, after investigation of a possible violation and the facts surrounding the possible violation, the department determines that a violation occurred, the department shall give written notice of the violation to the person alleged to have committed the violation. The notice must:

  46. Tex. Occupations Code Sec. 504.304. PENALTY TO BE PAID OR HEARING REQUESTED.

  47. Tex. Occupations Code Sec. 504.305. HEARING.

  48. Tex. Occupations Code Sec. 504.306. DECISION BY DEPARTMENT.

  49. Tex. Occupations Code Sec. 504.307. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.

  50. Tex. Occupations Code Sec. 504.308. DETERMINATION BY COURT.

  51. Tex. Occupations Code Sec. 504.309. REMITTANCE OF PENALTY AND INTEREST.

  52. Tex. Occupations Code Sec. 504.310. COLLECTION OF PENALTY.

  53. Tex. Occupations Code Sec. 504.311. ADMINISTRATIVE PROCEDURE. A proceeding to assess an administrative penalty under this subchapter is subject to Chapter 2001, Government Code.

  54. Tex. Occupations Code Sec. 504.351. INJUNCTIVE RELIEF; CIVIL PENALTY.

Chapter 505

  1. Tex. Occupations Code Sec. 505.001. SHORT TITLE. This chapter may be cited as the Social Work Practice Act.

  2. Tex. Occupations Code Sec. 505.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 505.0025. PRACTICE OF SOCIAL WORK.

  4. Tex. Occupations Code Sec. 505.003. APPLICATIONS AND EXEMPTIONS.

  5. Tex. Occupations Code Sec. 505.004. NONDISCRIMINATORY ACTIONS AND DECISIONS. An action taken or a decision made under this chapter, including an action or a decision relating to a license application, examination, regulation, or disciplinary proceeding, shall be taken or made without regard to sex, race, religion, national origin, color, or political affiliation.

  6. Tex. Occupations Code Sec. 505.101. BOARD; MEMBERSHIP.

  7. Tex. Occupations Code Sec. 505.102. PUBLIC MEMBERSHIP ELIGIBILITY.

  8. Tex. Occupations Code Sec. 505.103. MEMBERSHIP RESTRICTIONS.

  9. Tex. Occupations Code Sec. 505.104. TERMS; VACANCY.

  10. Tex. Occupations Code Sec. 505.105. GROUNDS FOR REMOVAL.

  11. Tex. Occupations Code Sec. 505.106. EXPENSE REIMBURSEMENT. Each board member is entitled to reimbursement for expenses incurred in traveling to and from the business of the board at the rates provided in the General Appropriations Act for state employees. A member may not receive actual or necessary expenses except for travel to and from meetings.

  12. Tex. Occupations Code Sec. 505.107. OFFICERS.

  13. Tex. Occupations Code Sec. 505.108. MEETINGS.

  14. Tex. Occupations Code Sec. 505.109. TRAINING.

  15. Tex. Occupations Code Sec. 505.201. GENERAL RULEMAKING AND ENFORCEMENT AUTHORITY OF EXECUTIVE COUNCIL.

  16. Tex. Occupations Code Sec. 505.2015. BOARD DUTIES. The board shall propose to the executive council:

  17. Tex. Occupations Code Sec. 505.206. ROSTER OF INDEPENDENT SOCIAL WORKERS. The executive council shall publish a roster of persons recognized under Section 505.307 as qualified for the independent practice of social work.

  18. Tex. Occupations Code Sec. 505.301. ESTABLISHMENT OF SPECIALTY AREA.

  19. Tex. Occupations Code Sec. 505.302. REGULATION OF SPECIALTY AREAS.

  20. Tex. Occupations Code Sec. 505.303. CLINICAL SOCIAL WORK SPECIALTY.

  21. Tex. Occupations Code Sec. 505.304. ORDER OF RECOGNITION OF SPECIALTY.

  22. Tex. Occupations Code Sec. 505.305. RECOGNITION OF SPECIALTY; ISSUANCE OF ORDER.

  23. Tex. Occupations Code Sec. 505.306. PROHIBITED USE OF SPECIALTY AREA IDENTIFICATION OR TITLE. If the executive council establishes a specialty area of social work, a social worker may not use the specialty area identification or title designated by the executive council unless the person is recognized as qualified for the practice of the specialty area under this chapter.

  24. Tex. Occupations Code Sec. 505.307. INDEPENDENT PRACTICE RECOGNITION; MINIMUM QUALIFICATIONS.

  25. Tex. Occupations Code Sec. 505.351. LICENSE REQUIRED.

  26. Tex. Occupations Code Sec. 505.352. LICENSE APPLICATION. A person may apply for a license under this chapter by submitting an application to the executive council. The application must:

  27. Tex. Occupations Code Sec. 505.353. ELIGIBILITY.

  28. Tex. Occupations Code Sec. 505.354. EXAMINATION.

  29. Tex. Occupations Code Sec. 505.3545. JURISPRUDENCE EXAMINATION.

  30. Tex. Occupations Code Sec. 505.357. TEMPORARY LICENSE.

  31. Tex. Occupations Code Sec. 505.3575. ISSUANCE OF LICENSES TO CERTAIN OUT-OF-STATE APPLICANTS.

  32. Tex. Occupations Code Sec. 505.358. PROVISIONAL LICENSE.

  33. Tex. Occupations Code Sec. 505.359. ISSUANCE OF LICENSE TO PROVISIONAL LICENSE HOLDER.

  34. Tex. Occupations Code Sec. 505.360. PROFESSIONAL IDENTIFICATION.

  35. Tex. Occupations Code Sec. 505.401. TERM OF LICENSE; STAGGERED EXPIRATION DATES.

  36. Tex. Occupations Code Sec. 505.405. GROUNDS FOR REFUSING RENEWAL. The executive council may refuse to renew the license of a person who fails to pay an administrative penalty imposed under Subchapter H, Chapter 507, unless enforcement of the penalty is stayed or a court has ordered that the administrative penalty is not owed.

  37. Tex. Occupations Code Sec. 505.451. GROUNDS FOR DISCIPLINARY ACTION. The executive council shall take disciplinary action under Subchapter G, Chapter 507, against a person for:

  38. Tex. Occupations Code Sec. 505.454. SANCTIONS FOR HOLDER OF EXPIRED LICENSE OR ORDER OF RECOGNITION OF SPECIALTY.

  39. Tex. Occupations Code Sec. 505.458. REFUND.

  40. Tex. Occupations Code Sec. 505.502. PROHIBITED CONDUCT BY BUSINESS OR PROFESSIONAL ENTITY.

  41. Tex. Occupations Code Sec. 505.505. APPEAL BOND NOT REQUIRED. The executive council is not required to post an appeal bond in any action arising under this chapter.

  42. Tex. Occupations Code Sec. 505.506. REPRESENTATION BY ATTORNEY GENERAL. The attorney general shall represent the executive council in an action brought to enforce this chapter.

  43. Tex. Occupations Code Sec. 505.507. CRIMINAL PENALTY.

  44. Tex. Occupations Code Sec. 505.601. REPORT OF VIOLATION. In a written, signed report to the appropriate licensing board, agency, or facility, a person licensed under this chapter may report an incident that the person has reasonable cause to believe has exposed a client to substantial risk of harm, including:

  45. Tex. Occupations Code Sec. 505.602. REPORTING IMMUNITY. A person who, without malice, makes a report authorized, or reasonably believed to be authorized, under this subchapter:

  46. Tex. Occupations Code Sec. 505.603. CAUSE OF ACTION FOR RETALIATION.

Chapter 506

  1. Tex. Occupations Code Sec. 506.001. SHORT TITLE. This chapter may be cited as the Behavior Analyst Licensing Act.

  2. Tex. Occupations Code Sec. 506.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 506.003. PRACTICE OF APPLIED BEHAVIOR ANALYSIS.

  4. Tex. Occupations Code Sec. 506.051. LICENSED PSYCHOLOGISTS. This chapter does not apply to a person licensed to practice psychology in this state if the applied behavior analysis services provided are within the scope of the licensed psychologist's education, training, and competence.

  5. Tex. Occupations Code Sec. 506.052. OTHER LICENSED PROFESSIONALS. This chapter does not apply to a person licensed to practice another profession in this state if the applied behavior analysis services provided are within:

  6. Tex. Occupations Code Sec. 506.053. FAMILY MEMBERS AND GUARDIANS. This chapter does not apply to a family member or guardian of a recipient of applied behavior analysis services who is implementing a behavior analysis treatment plan for the recipient under the extended authority and direction of a licensed behavior analyst or licensed assistant behavior analyst.

  7. Tex. Occupations Code Sec. 506.054. PARAPROFESSIONALS. This chapter does not apply to a paraprofessional technician who delivers applied behavior analysis services if:

  8. Tex. Occupations Code Sec. 506.055. STUDENTS, INTERNS, AND FELLOWS. This chapter does not apply to an applied behavior analysis activity or service of a college or university student, intern, or fellow if:

  9. Tex. Occupations Code Sec. 506.056. SUPERVISED EXPERIENCE. This chapter does not apply to an unlicensed person pursuing supervised experience in applied behavior analysis if the supervised experience is consistent with the requirements of the certifying entity and commission rules.

  10. Tex. Occupations Code Sec. 506.057. TEMPORARY SERVICES OF BEHAVIOR ANALYST FROM ANOTHER STATE.

  11. Tex. Occupations Code Sec. 506.058. TEACHER OR EMPLOYEE OF SCHOOL DISTRICT.

  12. Tex. Occupations Code Sec. 506.059. PERSONS WHO DO NOT PROVIDE DIRECT SERVICES.

  13. Tex. Occupations Code Sec. 506.101. ADVISORY BOARD MEMBERSHIP.

  14. Tex. Occupations Code Sec. 506.102. DUTIES OF ADVISORY BOARD. The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.

  15. Tex. Occupations Code Sec. 506.103. TERMS; VACANCY.

  16. Tex. Occupations Code Sec. 506.104. PRESIDING OFFICER. The presiding officer of the commission shall designate a member of the advisory board to serve as the presiding officer of the advisory board for a term of two years. The presiding officer of the advisory board may vote on any matter before the advisory board.

  17. Tex. Occupations Code Sec. 506.106. GROUNDS FOR REMOVAL. A member of the advisory board may be removed as provided by Section 51.209.

  18. Tex. Occupations Code Sec. 506.107. COMPENSATION; REIMBURSEMENT.

  19. Tex. Occupations Code Sec. 506.151. GENERAL POWERS AND DUTIES.

  20. Tex. Occupations Code Sec. 506.152. STANDARDS OF ETHICAL PRACTICE. The commission shall adopt rules under this chapter that establish standards of ethical practice.

  21. Tex. Occupations Code Sec. 506.153. ASSISTANCE FILING COMPLAINT. The department, in accordance with Section 51.252, shall provide reasonable assistance to a person who wishes to file a complaint with the department regarding a person or activity regulated under this chapter.

  22. Tex. Occupations Code Sec. 506.154. FEES. The commission by rule shall set fees in amounts reasonable and necessary to cover the costs of administering this chapter.

  23. Tex. Occupations Code Sec. 506.201. TELEPHONE NUMBER FOR COMPLAINTS. The department shall list with its regular telephone number any toll-free telephone number established under other state law that may be called to present a complaint about a health professional.

  24. Tex. Occupations Code Sec. 506.251. LICENSE REQUIRED.

  25. Tex. Occupations Code Sec. 506.252. LICENSE APPLICATION. Each applicant for a license under this chapter must submit an application and the required fees to the department. The application must include sufficient evidence, as defined by commission rules, that the applicant has successfully completed a state-approved criminal background check.

  26. Tex. Occupations Code Sec. 506.253. REQUIREMENTS FOR LICENSED BEHAVIOR ANALYST. An applicant for a license as a licensed behavior analyst must present evidence to the department that the applicant:

  27. Tex. Occupations Code Sec. 506.254. REQUIREMENTS FOR LICENSED ASSISTANT BEHAVIOR ANALYST. An applicant for a license as a licensed assistant behavior analyst must present evidence to the department that the applicant:

  28. Tex. Occupations Code Sec. 506.255. ISSUANCE OF LICENSE. The department shall issue a license as a licensed behavior analyst or a licensed assistant behavior analyst, as appropriate, to an applicant who:

  29. Tex. Occupations Code Sec. 506.256. RECIPROCITY.

  30. Tex. Occupations Code Sec. 506.257. RETIREMENT STATUS. The commission by rule may adopt a system for placing a person licensed under this chapter on retirement status.

  31. Tex. Occupations Code Sec. 506.301. LICENSE EXPIRATION. A license issued under this chapter expires on the second anniversary of the date of issuance.

  32. Tex. Occupations Code Sec. 506.302. LICENSE RENEWAL. Before the expiration of a license, a license may be renewed by:

  33. Tex. Occupations Code Sec. 506.351. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY ACTION. After a hearing, the commission or executive director may deny a license to an applicant, suspend or revoke a person's license, or place on probation a license holder if the applicant or license holder:

  34. Tex. Occupations Code Sec. 506.401. ENFORCEMENT PROCEEDINGS. The commission, department, or executive director may enforce this chapter, a rule adopted under this chapter, or an order of the commission or executive director as provided by Subchapters F and G, Chapter 51.

Chapter 507

  1. Tex. Occupations Code Sec. 507.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 507.002. APPLICATION OF SUNSET ACT. The Texas Behavioral Health Executive Council is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the executive council is abolished and this chapter and Chapters 501, 502, 503, and 505 expire September 1, 2033.

  3. Tex. Occupations Code Sec. 507.051. EXECUTIVE COUNCIL MEMBERSHIP.

  4. Tex. Occupations Code Sec. 507.052. ELIGIBILITY OF PUBLIC MEMBER APPOINTED BY GOVERNOR. A person is not eligible for appointment by the governor as a public member of the executive council if the person or the person's spouse:

  5. Tex. Occupations Code Sec. 507.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.

  6. Tex. Occupations Code Sec. 507.054. TERMS; VACANCY.

  7. Tex. Occupations Code Sec. 507.055. PRESIDING OFFICER. The member appointed by the governor is the presiding officer of the executive council.

  8. Tex. Occupations Code Sec. 507.056. GROUNDS FOR REMOVAL.

  9. Tex. Occupations Code Sec. 507.057. REIMBURSEMENT. A member of the executive council may receive reimbursement for travel expenses as provided by the General Appropriations Act.

  10. Tex. Occupations Code Sec. 507.058. MEETINGS.

  11. Tex. Occupations Code Sec. 507.059. TRAINING.

  12. Tex. Occupations Code Sec. 507.101. EXECUTIVE DIRECTOR; PERSONNEL. The executive council shall employ an executive director and other personnel as necessary to administer this chapter and carry out the functions of the executive council.

  13. Tex. Occupations Code Sec. 507.102. DIVISION OF RESPONSIBILITIES. The executive council shall develop and implement policies that clearly separate the policymaking responsibilities of the executive council and the management responsibilities of the executive director and the staff of the executive council.

  14. Tex. Occupations Code Sec. 507.103. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.

  15. Tex. Occupations Code Sec. 507.104. EQUAL OPPORTUNITY POLICY; REPORT.

  16. Tex. Occupations Code Sec. 507.151. GENERAL POWERS AND DUTIES.

  17. Tex. Occupations Code Sec. 507.152. GENERAL RULEMAKING AUTHORITY. The executive council shall adopt rules as necessary to perform its duties and implement this chapter.

  18. Tex. Occupations Code Sec. 507.153. LIMITATION REGARDING CERTAIN RULES.

  19. Tex. Occupations Code Sec. 507.154. FEES. The executive council shall set fees in amounts reasonable and necessary to cover the costs of administering this chapter and Chapters 501, 502, 503, and 505, including fees for:

  20. Tex. Occupations Code Sec. 507.155. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.

  21. Tex. Occupations Code Sec. 507.156. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION. The executive council shall adopt rules and guidelines as necessary to comply with Chapter 53.

  22. Tex. Occupations Code Sec. 507.157. CONTINUING EDUCATION. The executive council shall recognize, prepare, or administer continuing education programs for license holders. A license holder must participate in the programs to the extent required by the executive council to keep the person's license.

  23. Tex. Occupations Code Sec. 507.158. USE OF TECHNOLOGY. The executive council shall implement a policy requiring the executive council to use appropriate technological solutions to improve the executive council's ability to perform its functions. The policy must ensure that the public is able to interact with the executive council on the Internet.

  24. Tex. Occupations Code Sec. 507.159. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY.

  25. Tex. Occupations Code Sec. 507.160. ANNUAL REGISTRY.

  26. Tex. Occupations Code Sec. 507.161. CONFIDENTIALITY OF HOME ADDRESS AND TELEPHONE NUMBER. Except as provided by Section 507.160(d), the home address and telephone number of a license holder are confidential and not subject to disclosure under Chapter 552, Government Code.

  27. Tex. Occupations Code Sec. 507.201. PUBLIC INTEREST INFORMATION.

  28. Tex. Occupations Code Sec. 507.202. COMPLAINTS.

  29. Tex. Occupations Code Sec. 507.203. INFORMATION ABOUT COMPLAINT ACTIONS.

  30. Tex. Occupations Code Sec. 507.204. GENERAL RULES REGARDING COMPLAINT INVESTIGATION.

  31. Tex. Occupations Code Sec. 507.205. CONFIDENTIALITY OF COMPLAINT INFORMATION.

  32. Tex. Occupations Code Sec. 507.206. SUBPOENAS.

  33. Tex. Occupations Code Sec. 507.207. PUBLIC PARTICIPATION. The executive council shall develop and implement policies that provide the public with a reasonable opportunity to appear before the executive council and to speak on any issue under the jurisdiction of the executive council.

  34. Tex. Occupations Code Sec. 507.251. CRIMINAL HISTORY RECORD INFORMATION FOR LICENSE ISSUANCE.

  35. Tex. Occupations Code Sec. 507.252. EXAMINATION RESULTS.

  36. Tex. Occupations Code Sec. 507.253. REEXAMINATION. The executive council by rule shall establish:

  37. Tex. Occupations Code Sec. 507.254. FORM OF LICENSE. A license issued by the executive council must include the name of the board applicable to the license holder.

  38. Tex. Occupations Code Sec. 507.255. LICENSE RENEWAL.

  39. Tex. Occupations Code Sec. 507.256. RENEWAL OF EXPIRED LICENSE OF OUT-OF-STATE PRACTITIONER.

  40. Tex. Occupations Code Sec. 507.257. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE RENEWAL.

  41. Tex. Occupations Code Sec. 507.258. SEARCH OF NATIONAL PRACTITIONER DATABASE. The executive council shall establish a process to search at least one national practitioner database to determine whether another state has taken any disciplinary or other legal action against an applicant or license holder before issuing an initial or renewal license.

  42. Tex. Occupations Code Sec. 507.259. ASSISTANCE IN LICENSING DETERMINATIONS. The executive council shall adopt rules establishing the manner in which the executive council will solicit input from and request the assistance of the applicable board for a profession regulated by the executive council when the executive council is considering an application for the issuance or renewal of a license that involves an issue related to standards of care or an applicant's professional qualifications.

  43. Tex. Occupations Code Sec. 507.301. DISCIPLINARY ACTIONS.

  44. Tex. Occupations Code Sec. 507.302. TEMPORARY SUSPENSION.

  45. Tex. Occupations Code Sec. 507.303. HEARING; ADMINISTRATIVE PROCEDURE.

  46. Tex. Occupations Code Sec. 507.304. SCHEDULE OF SANCTIONS.

  47. Tex. Occupations Code Sec. 507.305. INFORMAL PROCEEDINGS.

  48. Tex. Occupations Code Sec. 507.306. ASSISTANCE IN DISCIPLINARY PROCEEDINGS.

  49. Tex. Occupations Code Sec. 507.351. IMPOSITION OF ADMINISTRATIVE PENALTY. The executive council may impose an administrative penalty on a person licensed or regulated by the executive council if the person violates this chapter, a law regulating the applicable profession, or an executive council rule.

  50. Tex. Occupations Code Sec. 507.352. AMOUNT OF PENALTY.

  51. Tex. Occupations Code Sec. 507.353. NOTICE OF VIOLATION AND PENALTY. If the executive council determines that a violation occurred, the executive council shall give written notice of the violation to the person alleged to have committed the violation. The notice may be given by certified mail. The notice must:

  52. Tex. Occupations Code Sec. 507.354. PENALTY TO BE PAID OR HEARING REQUESTED.

  53. Tex. Occupations Code Sec. 507.355. HEARING.

  54. Tex. Occupations Code Sec. 507.356. DECISION BY EXECUTIVE COUNCIL.

  55. Tex. Occupations Code Sec. 507.357. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.

  56. Tex. Occupations Code Sec. 507.358. COLLECTION OF PENALTY. If the person does not pay the administrative penalty and enforcement of the penalty is not stayed, the executive council may refer the matter to the attorney general for collection of the penalty.

  57. Tex. Occupations Code Sec. 507.359. DETERMINATION BY COURT.

  58. Tex. Occupations Code Sec. 507.360. REMITTANCE OF PENALTY AND INTEREST.

  59. Tex. Occupations Code Sec. 507.361. ADMINISTRATIVE PROCEDURE. A proceeding under this subchapter is subject to Chapter 2001, Government Code.

  60. Tex. Occupations Code Sec. 507.401. INJUNCTION.

  61. Tex. Occupations Code Sec. 507.402. CIVIL PENALTY.

  62. Tex. Occupations Code Sec. 507.403. CEASE AND DESIST ORDER.

  63. Tex. Occupations Code Sec. 507.404. MONITORING OF LICENSE HOLDER. The executive council by rule shall develop a system to monitor a license holder's compliance with applicable laws and executive council rules. Rules adopted under this section must include procedures to:

Chapter 551

  1. Tex. Occupations Code Sec. 551.001. SHORT TITLE. This subtitle may be cited as the Texas Pharmacy Act.

  2. Tex. Occupations Code Sec. 551.002. LEGISLATIVE DECLARATION; PURPOSE.

  3. Tex. Occupations Code Sec. 551.003. DEFINITIONS. In Chapters 551-566:

  4. Tex. Occupations Code Sec. 551.004. APPLICABILITY OF SUBTITLE.

  5. Tex. Occupations Code Sec. 551.005. APPLICATION OF SUNSET ACT. The Texas State Board of Pharmacy is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this subtitle expires September 1, 2033.

  6. Tex. Occupations Code Sec. 551.006. EXCLUSIVE AUTHORITY. Notwithstanding any other law, a pharmacist has the exclusive authority to determine whether or not to dispense a drug.

  7. Tex. Occupations Code Sec. 551.008. PROHIBITION ON RULE VIOLATING SINCERELY HELD RELIGIOUS BELIEF.

Chapter 552

  1. Tex. Occupations Code Sec. 552.001. MEMBERSHIP.

  2. Tex. Occupations Code Sec. 552.002. QUALIFICATIONS.

  3. Tex. Occupations Code Sec. 552.003. PUBLIC MEMBERSHIP ELIGIBILITY. A person is not eligible for appointment as a public member of the board if the person or the person's spouse:

  4. Tex. Occupations Code Sec. 552.004. MEMBERSHIP RESTRICTIONS.

  5. Tex. Occupations Code Sec. 552.005. TERMS; VACANCY.

  6. Tex. Occupations Code Sec. 552.006. BOARD MEMBER TRAINING.

  7. Tex. Occupations Code Sec. 552.007. OFFICERS.

  8. Tex. Occupations Code Sec. 552.008. GROUNDS FOR REMOVAL.

  9. Tex. Occupations Code Sec. 552.009. PER DIEM; REIMBURSEMENT.

  10. Tex. Occupations Code Sec. 552.010. MEETINGS.

  11. Tex. Occupations Code Sec. 552.011. EXECUTIVE SESSION.

  12. Tex. Occupations Code Sec. 552.012. QUORUM; VALIDITY OF BOARD ACTION. Except when a greater number is required by this subtitle or by board rule, an action of the board must be by a majority of a quorum.

Chapter 553

  1. Tex. Occupations Code Sec. 553.001. EXECUTIVE DIRECTOR. The board shall employ an executive director.

  2. Tex. Occupations Code Sec. 553.002. QUALIFICATIONS OF EXECUTIVE DIRECTOR. The executive director must be a pharmacist.

  3. Tex. Occupations Code Sec. 553.003. GENERAL DUTIES OF EXECUTIVE DIRECTOR.

  4. Tex. Occupations Code Sec. 553.004. PERSONNEL. The board may employ persons in positions or capacities the board considers necessary to properly conduct the board's business and fulfill the board's responsibilities under this subtitle.

  5. Tex. Occupations Code Sec. 553.005. EMPLOYEE RESTRICTIONS.

  6. Tex. Occupations Code Sec. 553.006. POSSESSION BY EMPLOYEE OF REGULATED SUBSTANCE. A board employee may possess a dangerous drug or controlled substance when acting in the employee's official capacity.

  7. Tex. Occupations Code Sec. 553.007. DIVISION OF RESPONSIBILITIES. The board shall develop and implement policies that clearly define the responsibilities of the board and the staff of the board.

  8. Tex. Occupations Code Sec. 553.008. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The board shall provide, as often as necessary, to its members and employees information regarding their:

  9. Tex. Occupations Code Sec. 553.009. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.

  10. Tex. Occupations Code Sec. 553.010. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT.

Chapter 554

  1. Tex. Occupations Code Sec. 554.001. GENERAL POWERS AND DUTIES OF BOARD.

  2. Tex. Occupations Code Sec. 554.0011. USE OF ALTERNATIVE RULEMAKING AND DISPUTE RESOLUTION.

  3. Tex. Occupations Code Sec. 554.002. REGULATION OF PRACTICE OF PHARMACY. The board shall regulate the practice of pharmacy in this state by:

  4. Tex. Occupations Code Sec. 554.0021. RECOGNITION AND APPROVAL OF PHARMACIST CERTIFICATION PROGRAMS.

  5. Tex. Occupations Code Sec. 554.003. PROCEDURES. The board by rule shall specify:

  6. Tex. Occupations Code Sec. 554.004. ADMINISTRATION OF MEDICATION.

  7. Tex. Occupations Code Sec. 554.005. PRESCRIPTION DRUGS AND DEVICES.

  8. Tex. Occupations Code Sec. 554.006. FEES.

  9. Tex. Occupations Code Sec. 554.007. FUNDS.

  10. Tex. Occupations Code Sec. 554.009. LEASE OR PURCHASE OF VEHICLES.

  11. Tex. Occupations Code Sec. 554.010. PEACE OFFICERS.

  12. Tex. Occupations Code Sec. 554.011. PILOT AND DEMONSTRATION RESEARCH PROJECTS.

  13. Tex. Occupations Code Sec. 554.012. NOTIFICATION RELATING TO THERAPEUTIC OPTOMETRISTS. The board shall inform each holder of a license to practice pharmacy and each holder of a license to operate a pharmacy of the authority of a therapeutic optometrist to prescribe a drug under Section 351.357 by annually mailing to each license holder a notice that:

  14. Tex. Occupations Code Sec. 554.014. INFORMATION PROVIDED TO LICENSE HOLDERS. At least once each biennium, the board shall provide to license holders information on:

  15. Tex. Occupations Code Sec. 554.015. POISON CONTROL CENTER INFORMATION. The board shall provide to license holders information regarding the services provided by poison control centers.

  16. Tex. Occupations Code Sec. 554.017. LIST OF PHARMACISTS AUTHORIZED TO SIGN PRESCRIPTION DRUG ORDERS. The board shall provide on its Internet website a list of pharmacists who are authorized to sign a prescription drug order under Section 157.101(b-1), including the name of the pharmacist's delegating physician under the protocol required under that subsection.

  17. Tex. Occupations Code Sec. 554.018. COMPREHENSIVE SUBSTANCE USE DISORDER APPROACH. The board shall encourage pharmacists to participate in a program that provides a comprehensive approach to the delivery of early intervention and treatment services for persons with substance use disorders and persons who are at risk of developing substance use disorders, such as a program promoted by the Substance Abuse and Mental Health Services Administration within the United States Department of Health and Human Services.

  18. Tex. Occupations Code Sec. 554.051. RULEMAKING: GENERAL POWERS AND DUTIES.

  19. Tex. Occupations Code Sec. 554.052. IMMUNIZATIONS AND VACCINATIONS; PHYSICIAN SUPERVISION.

  20. Tex. Occupations Code Sec. 554.053. RULEMAKING: PHARMACY TECHNICIAN AND PHARMACY TECHNICIAN TRAINEE.

  21. Tex. Occupations Code Sec. 554.054. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.

  22. Tex. Occupations Code Sec. 554.055. RULEMAKING; ELECTRONIC MEDIA. The board shall adopt rules regarding the sale and delivery of drugs by use of electronic media, including the Internet.

  23. Tex. Occupations Code Sec. 554.056. RULEMAKING; ADDITION OF FLAVORING TO COMMERCIAL PRODUCT. The board may adopt rules governing the procedures for a pharmacist, as part of compounding, to add flavoring to a commercial product at the request of a patient or a patient's agent.

  24. Tex. Occupations Code Sec. 554.057. RULEMAKING; IMPLEMENTATION OF DRUG THERAPY UNDER PROTOCOL. The board, with the advice of the Texas Medical Board, shall adopt rules that allow a pharmacist to implement or modify a patient's drug therapy pursuant to a physician's delegation under Section 157.101(b-1).

Chapter 555

  1. Tex. Occupations Code Sec. 555.001. PUBLIC INTEREST INFORMATION.

  2. Tex. Occupations Code Sec. 555.002. COMPLAINTS.

  3. Tex. Occupations Code Sec. 555.003. COMPLAINT FORM. The board by rule shall adopt a form on which a person may file a complaint with the board.

  4. Tex. Occupations Code Sec. 555.004. ASSISTANCE WITH COMPLAINT. The board shall provide reasonable assistance to a person who wants to file a complaint with the board.

  5. Tex. Occupations Code Sec. 555.005. RECORDS OF COMPLAINTS. For each complaint received by the board, the board shall maintain information about parties to the complaint, including the complainant's identity, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and the disposition of the complaint.

  6. Tex. Occupations Code Sec. 555.006. NOTIFICATION CONCERNING COMPLAINT.

  7. Tex. Occupations Code Sec. 555.007. GENERAL RULES REGARDING COMPLAINT INVESTIGATION AND DISPOSITION.

  8. Tex. Occupations Code Sec. 555.008. NOTICE TO BOARD CONCERNING COMPLAINTS.

  9. Tex. Occupations Code Sec. 555.009. PUBLIC PARTICIPATION.

  10. Tex. Occupations Code Sec. 555.010. CONFIDENTIALITY. The identity of a person who reports to or assists the board under Section 555.002(c) and a document that could disclose the identity of that person are confidential and are not considered public information for the purposes of Chapter 552, Government Code.

  11. Tex. Occupations Code Sec. 555.011. IMMUNITY.

  12. Tex. Occupations Code Sec. 555.012. COUNTERCLAIM OR SUIT.

Chapter 556

  1. Tex. Occupations Code Sec. 556.001. DEFINITION. In this chapter, "facility" means a place:

  2. Tex. Occupations Code Sec. 556.051. AUTHORIZATION TO ENTER AND INSPECT.

  3. Tex. Occupations Code Sec. 556.052. REQUIREMENTS BEFORE ENTRY AND INSPECTION.

  4. Tex. Occupations Code Sec. 556.053. EXTENT OF INSPECTION; CONFIDENTIALITY.

  5. Tex. Occupations Code Sec. 556.054. CONFIDENTIALITY OF CERTAIN INFORMATION. The following information obtained by the board during an inspection of a facility is confidential and not subject to disclosure under Chapter 552, Government Code:

  6. Tex. Occupations Code Sec. 556.055. INSPECTIONS WITH WARNING NOTICE. Before a complaint may be filed with the board as the result of a written warning notice that is issued during an inspection authorized by this chapter and that lists a specific violation of this subtitle or a rule adopted under this subtitle, the license holder must be given a reasonable time, as determined by the board, to comply with this subtitle or rules adopted under this subtitle.

  7. Tex. Occupations Code Sec. 556.0551. INSPECTION OF LICENSED NONRESIDENT PHARMACY.

  8. Tex. Occupations Code Sec. 556.056. CODE OF PROFESSIONAL RESPONSIBILITY.

  9. Tex. Occupations Code Sec. 556.057. INSPECTION OF PHARMACIST RECORDS. A pharmacist shall provide to the board, on request, records of the pharmacist's practice that occurs outside of a pharmacy. The pharmacist shall provide the records at a time specified by board rule.

  10. Tex. Occupations Code Sec. 556.101. WARRANT NOT REQUIRED. A warrant is not required under this chapter to:

  11. Tex. Occupations Code Sec. 556.102. COMPLIANCE WITH CHAPTER. An administrative inspection warrant may be issued and executed only in accordance with this chapter.

  12. Tex. Occupations Code Sec. 556.103. ISSUANCE OF WARRANT.

  13. Tex. Occupations Code Sec. 556.104. CONTENTS OF WARRANT. The warrant must:

  14. Tex. Occupations Code Sec. 556.105. EXECUTION AND RETURN OF WARRANT.

  15. Tex. Occupations Code Sec. 556.106. FILING WITH DISTRICT COURT.

  16. Tex. Occupations Code Sec. 556.107. DISPOSAL OF SEIZED PROPERTY. Property seized under this chapter must be disposed of in a manner considered appropriate by the board if the board has jurisdiction over the property or the district court if the court has jurisdiction over the property.

Chapter 557

  1. Tex. Occupations Code Sec. 557.001. PHARMACIST-INTERN REGISTRATION. A person must register with the board before beginning a board-approved internship in this state.

  2. Tex. Occupations Code Sec. 557.002. APPLICATION FOR REGISTRATION. An application for registration as a pharmacist-intern must be on a form prescribed by the board.

  3. Tex. Occupations Code Sec. 557.003. DURATION OF REGISTRATION. A person's registration as a pharmacist-intern remains in effect as long as the person meets the qualifications for an internship specified by board rule.

  4. Tex. Occupations Code Sec. 557.004. LIMITATIONS ON REGISTRATION.

Chapter 558

  1. Tex. Occupations Code Sec. 558.001. LICENSE REQUIRED.

  2. Tex. Occupations Code Sec. 558.002. UNAUTHORIZED ACQUISITION OF LICENSE. A person may not:

  3. Tex. Occupations Code Sec. 558.051. QUALIFICATIONS FOR LICENSE BY EXAMINATION.

  4. Tex. Occupations Code Sec. 558.052. CONTENT, PREPARATION, AND VALIDATION OF EXAMINATION.

  5. Tex. Occupations Code Sec. 558.053. GRADING OF EXAMINATION.

  6. Tex. Occupations Code Sec. 558.054. FREQUENCY OF OFFERING EXAMINATION. The board shall give the examination at least two times during each state fiscal year.

  7. Tex. Occupations Code Sec. 558.055. FAILURE TO PASS; REEXAMINATION.

  8. Tex. Occupations Code Sec. 558.056. NOTIFICATION. The board shall notify each person taking an examination of the results of the examination not later than the 30th day after the date the board receives the results from a national testing service if the board uses a national testing service.

  9. Tex. Occupations Code Sec. 558.057. INTERNSHIP OR OTHER PROGRAM TO QUALIFY FOR EXAMINATION.

  10. Tex. Occupations Code Sec. 558.058. ACCESSIBILITY OF EXAMINATION. The board by rule shall ensure that an examination under this subchapter is administered to applicants with disabilities in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.).

  11. Tex. Occupations Code Sec. 558.059. EXAMINATION FEE REFUND.

  12. Tex. Occupations Code Sec. 558.101. QUALIFICATIONS FOR LICENSE BY RECIPROCITY.

  13. Tex. Occupations Code Sec. 558.151. QUALIFICATIONS FOR PROVISIONAL LICENSE.

  14. Tex. Occupations Code Sec. 558.152. DURATION OF PROVISIONAL LICENSE. A provisional license is valid until the date the board approves or denies the license application under this subtitle.

  15. Tex. Occupations Code Sec. 558.153. PROCESSING OF LICENSE APPLICATION. The board must complete the processing of a provisional license holder's application for a license not later than the 180th day after the date the provisional license is issued or at the time licenses are issued following the successful completion of the examination, whichever date is later.

  16. Tex. Occupations Code Sec. 558.154. ISSUANCE OF LICENSE TO PROVISIONAL LICENSE HOLDER. The board shall issue a license to practice pharmacy under this subtitle to the holder of a provisional license if:

  17. Tex. Occupations Code Sec. 558.155. TEMPORARY LICENSE. The board by rule may provide for the issuance of a temporary license.

  18. Tex. Occupations Code Sec. 558.201. DUPLICATING LICENSE OR CERTIFICATE. Except as expressly provided under this subtitle, a person may not in any manner duplicate a license to practice pharmacy or a license renewal certificate.

  19. Tex. Occupations Code Sec. 558.202. FALSE AFFIDAVIT. A person who falsely makes the affidavit prescribed by Section 558.051 or 558.101 is guilty of fraudulent and dishonorable conduct and malpractice.

Chapter 559

  1. Tex. Occupations Code Sec. 559.001. EXPIRATION OF LICENSE.

  2. Tex. Occupations Code Sec. 559.002. RENEWAL PERIOD. A license to practice pharmacy may be renewed for one or two years, as determined by the board.

  3. Tex. Occupations Code Sec. 559.003. REQUIREMENTS FOR RENEWAL.

  4. Tex. Occupations Code Sec. 559.004. ISSUANCE OF LICENSE RENEWAL CERTIFICATE.

  5. Tex. Occupations Code Sec. 559.005. ISSUANCE OF NEW LICENSE.

  6. Tex. Occupations Code Sec. 559.006. LICENSE EXPIRATION NOTICE. At least 30 days before the expiration of a person's license, the board shall send written notice of the impending license expiration to the person at the license holder's last known address according to the board's records.

  7. Tex. Occupations Code Sec. 559.007. PRACTICING PHARMACY WITHOUT RENEWAL CERTIFICATE. A person who practices pharmacy without a current license renewal certificate as required by this chapter is practicing pharmacy without a license and is subject to all penalties for practicing pharmacy without a license.

  8. Tex. Occupations Code Sec. 559.051. SATISFACTION OF CONTINUING EDUCATION REQUIREMENT.

  9. Tex. Occupations Code Sec. 559.052. RULES RELATING TO CONTINUING EDUCATION.

  10. Tex. Occupations Code Sec. 559.0525. CONTINUING EDUCATION RELATING TO OPIOID DRUGS.

  11. Tex. Occupations Code Sec. 559.053. PROGRAM HOURS REQUIRED. A license holder satisfies the continuing education requirement by presenting evidence satisfactory to the board of completion of at least 30 hours of continuing education during the preceding 24 months of the person's license period.

  12. Tex. Occupations Code Sec. 559.054. CERTIFICATE OF COMPLETION. Each continuing education program approved by the board shall issue a certificate of completion to a license holder who satisfactorily completes the program.

  13. Tex. Occupations Code Sec. 559.055. RECORDS. Each license holder shall maintain records for three years showing the continuing education programs completed by the license holder.

  14. Tex. Occupations Code Sec. 559.056. DEMONSTRATION OF COMPLIANCE. On an audit by the board, a license holder is in compliance with the continuing education requirements if the license holder submits to the board:

  15. Tex. Occupations Code Sec. 559.101. ELIGIBILITY FOR INACTIVE STATUS. The board by rule shall adopt a system for placing on inactive status a license held by a person who:

  16. Tex. Occupations Code Sec. 559.102. RESTRICTION ON LENGTH OF INACTIVE STATUS. The board may restrict the length of time a license may remain on inactive status.

  17. Tex. Occupations Code Sec. 559.103. APPLICATION FOR INACTIVE STATUS. A license holder may place the holder's license on inactive status by:

  18. Tex. Occupations Code Sec. 559.104. RETURN TO ACTIVE STATUS. A holder of a license that is on inactive status may return the license to active status by:

  19. Tex. Occupations Code Sec. 559.105. PRACTICING PHARMACY DURING INACTIVE STATUS.

Chapter 560

  1. Tex. Occupations Code Sec. 560.001. LICENSE REQUIRED.

  2. Tex. Occupations Code Sec. 560.002. USE OF "PHARMACY"; PROVIDING PHARMACY SERVICES WITHOUT LICENSE.

  3. Tex. Occupations Code Sec. 560.003. PROHIBITED ADVERTISING OF PHARMACY.

  4. Tex. Occupations Code Sec. 560.004. EXEMPTION. The board may grant an exemption from the licensing requirements of this chapter on the application of a pharmacy located in another state that restricts to isolated transactions the pharmacy's dispensing of a prescription drug or device to a resident of this state.

  5. Tex. Occupations Code Sec. 560.051. LICENSE CLASSIFICATIONS.

  6. Tex. Occupations Code Sec. 560.052. QUALIFICATIONS.

  7. Tex. Occupations Code Sec. 560.0521. SWORN DISCLOSURE STATEMENT.

  8. Tex. Occupations Code Sec. 560.053. ESTABLISHMENT OF ADDITIONAL PHARMACY CLASSIFICATIONS. The board by rule may establish classifications of pharmacy licenses in addition to the classifications under Section 560.051 if the board determines that:

  9. Tex. Occupations Code Sec. 560.101. LICENSE NOT TRANSFERABLE. A pharmacy license issued under this chapter is not transferable or assignable.

  10. Tex. Occupations Code Sec. 560.102. SEPARATE LICENSE FOR EACH LOCATION.

  11. Tex. Occupations Code Sec. 560.103. FALSE AFFIDAVIT. A person who falsely makes the affidavit prescribed by Section 560.052 is guilty of fraudulent and dishonorable conduct and malpractice.

Chapter 561

  1. Tex. Occupations Code Sec. 561.001. EXPIRATION OF LICENSE.

  2. Tex. Occupations Code Sec. 561.002. PHARMACY LICENSE RENEWAL. A pharmacy license must be renewed annually or biennially as determined by the board.

  3. Tex. Occupations Code Sec. 561.003. REQUIREMENTS FOR RENEWAL.

  4. Tex. Occupations Code Sec. 561.0031. ADDITIONAL RENEWAL REQUIREMENT FOR CLASS E PHARMACY.

  5. Tex. Occupations Code Sec. 561.0032. ADDITIONAL RENEWAL REQUIREMENT FOR COMPOUNDING PHARMACY.

  6. Tex. Occupations Code Sec. 561.004. ISSUANCE OF LICENSE RENEWAL CERTIFICATE. On timely receipt of a completed application and renewal fee, the board shall issue a license renewal certificate that contains:

  7. Tex. Occupations Code Sec. 561.005. SUSPENSION OF PHARMACY LICENSE FOR NONRENEWAL.

Chapter 562

  1. Tex. Occupations Code Sec. 562.001. DEFINITIONS. In this subchapter:

  2. Tex. Occupations Code Sec. 562.002. LEGISLATIVE INTENT. It is the intent of the legislature to save consumers money by allowing the substitution of lower-priced generically equivalent drug products for certain brand name drug products and the substitution of interchangeable biological products for certain biological products and for pharmacies and pharmacists to pass on the net benefit of the lower costs of the generically equivalent drug product or interchangeable biological product to the purchaser.

  3. Tex. Occupations Code Sec. 562.003. DISCLOSURE OF PRICE; PATIENT'S OPTION. If the price of a drug or biological product to a patient is lower than the amount of the patient's copayment under the patient's prescription drug insurance plan, the pharmacist shall offer the patient the option of paying for the drug or biological product at the lower price instead of paying the amount of the copayment.

  4. Tex. Occupations Code Sec. 562.004. PRESCRIPTION TRANSMITTED ORALLY BY PRACTITIONER. A pharmacist to whom a prescription is transmitted orally shall:

  5. Tex. Occupations Code Sec. 562.005. RECORD OF DISPENSED DRUG OR BIOLOGICAL PRODUCT. A pharmacist shall record on the prescription form the name, strength, and manufacturer or distributor of a drug or biological product dispensed as authorized by this subchapter.

  6. Tex. Occupations Code Sec. 562.0051. COMMUNICATION REGARDING CERTAIN DISPENSED BIOLOGICAL PRODUCTS.

  7. Tex. Occupations Code Sec. 562.006. LABEL.

  8. Tex. Occupations Code Sec. 562.0061. OTHER PRESCRIPTION INFORMATION. The board shall adopt rules specifying the information a pharmacist must provide to a consumer when dispensing a prescription to the consumer for self-administration. The information must be:

  9. Tex. Occupations Code Sec. 562.0062. REQUIRED STATEMENT REGARDING MEDICATION DISPOSAL. The board by rule shall require pharmacists, when dispensing certain drugs, to include on the dispensing container label or in the information required by Section 562.0061 the statement "Do not flush unused medications or pour down a sink or drain."

  10. Tex. Occupations Code Sec. 562.007. REFILLS. Except as provided by Section 562.0545, a properly authorized prescription refill shall follow the original dispensing instruction unless otherwise indicated by the practitioner or the practitioner's agent.

  11. Tex. Occupations Code Sec. 562.008. GENERIC EQUIVALENT OR INTERCHANGEABLE BIOLOGICAL PRODUCT AUTHORIZED.

  12. Tex. Occupations Code Sec. 562.009. REQUIREMENTS CONCERNING SELECTION OF GENERICALLY EQUIVALENT DRUG OR INTERCHANGEABLE BIOLOGICAL PRODUCT.

  13. Tex. Occupations Code Sec. 562.010. RESPONSIBILITY CONCERNING GENERICALLY EQUIVALENT DRUG OR INTERCHANGEABLE BIOLOGICAL PRODUCT; LIABILITY.

  14. Tex. Occupations Code Sec. 562.011. RESTRICTION ON SELECTION OF AND CHARGING FOR GENERICALLY EQUIVALENT DRUG OR INTERCHANGEABLE BIOLOGICAL PRODUCT.

  15. Tex. Occupations Code Sec. 562.012. SUBSTITUTION OF DOSAGE FORM PERMITTED. With the patient's consent, a pharmacist may dispense a dosage form of a drug different from that prescribed, such as a tablet instead of a capsule or a liquid instead of a tablet, if the dosage form dispensed:

  16. Tex. Occupations Code Sec. 562.013. APPLICABILITY OF SUBCHAPTER. Unless a drug is determined to be generically equivalent to, or a biological product is determined to be interchangeable with, the brand prescribed, drug or biological product selection as authorized by this subchapter does not apply to:

  17. Tex. Occupations Code Sec. 562.014. NARROW THERAPEUTIC INDEX DRUGS.

  18. Tex. Occupations Code Sec. 562.0141. TRANSPLANT IMMUNOSUPPRESSANT DRUG PRODUCT SELECTION PROHIBITED.

  19. Tex. Occupations Code Sec. 562.0142. ADOPTION OF RULES.

  20. Tex. Occupations Code Sec. 562.015. DISPENSING DIRECTIVE; COMPLIANCE WITH FEDERAL LAW.

  21. Tex. Occupations Code Sec. 562.016. LIST OF APPROVED INTERCHANGEABLE BIOLOGICAL PRODUCTS. The board shall maintain on the board's Internet website a link to the United States Food and Drug Administration's list of approved interchangeable biological products.

  22. Tex. Occupations Code Sec. 562.052. RELEASE OF CONFIDENTIAL RECORDS. A confidential record is privileged and a pharmacist may release a confidential record only to:

  23. Tex. Occupations Code Sec. 562.053. REPORTS TO BOARD. A pharmacist shall report in writing to the board not later than the 10th day after the date of a change of address or place of employment.

  24. Tex. Occupations Code Sec. 562.054. EMERGENCY REFILLS.

  25. Tex. Occupations Code Sec. 562.0541. EMERGENCY REFILLS OF INSULIN AND INSULIN-RELATED EQUIPMENT OR SUPPLIES.

  26. Tex. Occupations Code Sec. 562.0545. 90-DAY SUPPLY AND ACCELERATED REFILLS. A pharmacist may dispense up to a 90-day supply of a dangerous drug pursuant to a valid prescription that specifies the dispensing of a lesser amount followed by periodic refills of that amount if:

  27. Tex. Occupations Code Sec. 562.055. REPORT TO TEXAS DEPARTMENT OF HEALTH. A pharmacist shall report to the Texas Department of Health any unusual or increased prescription rates, unusual types of prescriptions, or unusual trends in pharmacy visits that may be caused by bioterrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents or biological toxins that might pose a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability. Prescription-related events that require a report include:

  28. Tex. Occupations Code Sec. 562.056. PRACTITIONER-PATIENT RELATIONSHIP REQUIRED.

  29. Tex. Occupations Code Sec. 562.057. ADMINISTRATION OF EPINEPHRINE.

  30. Tex. Occupations Code Sec. 562.101. SUPERVISION OF PHARMACY.

  31. Tex. Occupations Code Sec. 562.1011. OPERATION OF CLASS C PHARMACY IN CERTAIN RURAL HOSPITALS.

  32. Tex. Occupations Code Sec. 562.102. CONFIDENTIAL RECORD. A pharmacy shall comply with Section 562.052 concerning the release of a confidential record.

  33. Tex. Occupations Code Sec. 562.103. DISPLAY OF LICENSES BY PHARMACY.

  34. Tex. Occupations Code Sec. 562.104. TOLL-FREE TELEPHONE NUMBER REQUIRED. A pharmacy whose primary business is to dispense a prescription drug or device under a prescription drug order to a patient located outside the area covered by the pharmacy's telephone area code shall provide a toll-free telephone line that is answered during normal business hours to enable communication between a patient or the patient's physician and a pharmacist at the pharmacy who has access to the patient's records.

  35. Tex. Occupations Code Sec. 562.1045. LINKING INTERNET SITES.

  36. Tex. Occupations Code Sec. 562.105. MAINTENANCE OF RECORDS. A pharmacy shall maintain a permanent record of:

  37. Tex. Occupations Code Sec. 562.106. NOTIFICATION.

  38. Tex. Occupations Code Sec. 562.107. WRITTEN CONSUMER INFORMATION REQUIRED.

  39. Tex. Occupations Code Sec. 562.108. EMERGENCY MEDICATION KITS.

  40. Tex. Occupations Code Sec. 562.1085. UNUSED DRUGS RETURNED BY CERTAIN PHARMACISTS.

  41. Tex. Occupations Code Sec. 562.1086. LIMITATION ON LIABILITY.

  42. Tex. Occupations Code Sec. 562.109. AUTOMATED PHARMACY SYSTEMS.

  43. Tex. Occupations Code Sec. 562.110. TELEPHARMACY SYSTEMS.

  44. Tex. Occupations Code Sec. 562.112. PRACTITIONER-PATIENT RELATIONSHIP REQUIRED.

  45. Tex. Occupations Code Sec. 562.151. DEFINITIONS. In this subchapter:

  46. Tex. Occupations Code Sec. 562.152. COMPOUNDING FOR OFFICE USE. A pharmacy may dispense and deliver a reasonable quantity of a compounded drug to a practitioner for office use by the practitioner in accordance with this chapter.

  47. Tex. Occupations Code Sec. 562.153. REQUIREMENTS FOR OFFICE USE COMPOUNDING. To dispense and deliver a compounded drug under Section 562.152, a pharmacy must:

  48. Tex. Occupations Code Sec. 562.154. DISTRIBUTION OF COMPOUNDED AND PREPACKAGED PRODUCTS TO CERTAIN PHARMACIES.

  49. Tex. Occupations Code Sec. 562.155. COMPOUNDING SERVICE AND COMPOUNDED DRUG PRODUCTS. A compounding pharmacist or pharmacy may advertise or promote:

  50. Tex. Occupations Code Sec. 562.156. COMPOUNDED STERILE PREPARATION; NOTICE TO BOARD.

Chapter 563

  1. Tex. Occupations Code Sec. 563.051. GENERAL DELEGATION OF ADMINISTRATION AND PROVISION OF DANGEROUS DRUGS.

  2. Tex. Occupations Code Sec. 563.052. SUITABLE CONTAINER REQUIRED. A drug or medicine provided under this subchapter must be supplied in a suitable container labeled in compliance with applicable drug laws. A qualified and trained person, acting under the supervision of a physician, may specify at the time of the provision of the drug the inclusion on the container of the date of the provision and the patient's name and address.

  3. Tex. Occupations Code Sec. 563.053. DISPENSING OF DANGEROUS DRUGS IN CERTAIN RURAL AREAS.

  4. Tex. Occupations Code Sec. 563.054. ADMINISTRATION OF DANGEROUS DRUGS.

Chapter 564

  1. Tex. Occupations Code Sec. 564.001. REPORTS.

  2. Tex. Occupations Code Sec. 564.002. CONFIDENTIALITY.

  3. Tex. Occupations Code Sec. 564.003. DISCLOSURE OF CERTAIN INFORMATION.

  4. Tex. Occupations Code Sec. 564.004. IMMUNITY.

  5. Tex. Occupations Code Sec. 564.005. RECORD OF REPORT. On a determination by the board that a report submitted by a peer review committee or pharmaceutical organization committee under Section 564.001(a) or

  6. Tex. Occupations Code Sec. 564.006. EXAMINATION OF REPORT. A pharmacist, a pharmacy student, or an authorized representative of the pharmacist or student is entitled on request to examine the peer review or the pharmaceutical organization committee report submitted to the board and to place into the record a statement of reasonable length of the pharmacist's or pharmacy student's view concerning information in the report.

  7. Tex. Occupations Code Sec. 564.051. PROGRAM AUTHORIZATION; FUNDING.

  8. Tex. Occupations Code Sec. 564.052. RULES OR CRITERIA. In administering and enforcing this subchapter, the board shall adopt rules or minimum criteria that are at least as strict as the rules or minimum criteria for the administration or enforcement of a peer assistance program adopted by the Texas Commission on Alcohol and Drug Abuse under Chapter 467, Health and Safety Code.

  9. Tex. Occupations Code Sec. 564.101. DEFINITIONS. In this subchapter:

  10. Tex. Occupations Code Sec. 564.102. PHARMACY PEER REVIEW COMMITTEE.

  11. Tex. Occupations Code Sec. 564.103. CONFIDENTIALITY.

  12. Tex. Occupations Code Sec. 564.104. USE OF INFORMATION IN CIVIL AND CRIMINAL ACTIONS.

  13. Tex. Occupations Code Sec. 564.105. COMPLIANCE WITH SUBPOENA. All persons, including governing bodies and medical staffs of health care entities, shall comply fully with a subpoena issued by the board for documents or information as otherwise authorized by law. The disclosure of documents or information under the subpoena does not constitute a waiver of the privilege associated with a pharmacy peer review committee proceeding. Failure to comply with the subpoena is grounds for disciplinary action against the facility or individual by the appropriate licensing board.

  14. Tex. Occupations Code Sec. 564.106. IMMUNITY.

Chapter 565

  1. Tex. Occupations Code Sec. 565.001. APPLICANT FOR OR HOLDER OF LICENSE TO PRACTICE PHARMACY.

  2. Tex. Occupations Code Sec. 565.002. APPLICANT FOR OR HOLDER OF PHARMACY LICENSE.

  3. Tex. Occupations Code Sec. 565.003. ADDITIONAL GROUNDS FOR DISCIPLINE REGARDING APPLICANT FOR OR HOLDER OF NONRESIDENT PHARMACY LICENSE. Unless compliance would violate the pharmacy or drug statutes or rules in the state in which the pharmacy is located, the board may discipline an applicant for or the holder of a nonresident pharmacy license if the board finds that the applicant or license holder has failed to comply with:

  4. Tex. Occupations Code Sec. 565.051. DISCIPLINE AUTHORIZED. On a determination that a ground for discipline exists under Subchapter A, or that a violation of this subtitle or a rule adopted under this subtitle has been committed by a license holder or applicant for a license or renewal of a license, the board may:

  5. Tex. Occupations Code Sec. 565.052. SUBMISSION TO MENTAL OR PHYSICAL EXAMINATION.

  6. Tex. Occupations Code Sec. 565.053. DISCIPLINE OF NONRESIDENT PHARMACY; NOTICE TO RESIDENT STATE. The board shall give notice of a disciplinary action by the board against a license holder located in another state to the regulatory or licensing agency of the state in which the pharmacy is located.

  7. Tex. Occupations Code Sec. 565.054. SERVICE OF PROCESS ON NONRESIDENT PHARMACY.

  8. Tex. Occupations Code Sec. 565.055. INVESTIGATION; CONFIDENTIALITY OF INFORMATION.

  9. Tex. Occupations Code Sec. 565.0551. SURETY BOND.

  10. Tex. Occupations Code Sec. 565.056. INFORMAL PROCEEDINGS.

  11. Tex. Occupations Code Sec. 565.057. MONITORING OF LICENSE HOLDER.

  12. Tex. Occupations Code Sec. 565.058. SUBPOENA AUTHORITY.

  13. Tex. Occupations Code Sec. 565.059. TEMPORARY SUSPENSION OR RESTRICTION OF LICENSE.

  14. Tex. Occupations Code Sec. 565.0591. REVOCATION OF PHARMACY LICENSE FOR FAILURE TO OPERATE.

  15. Tex. Occupations Code Sec. 565.060. REMEDIAL PLAN.

  16. Tex. Occupations Code Sec. 565.061. ADMINISTRATIVE PROCEDURE.

  17. Tex. Occupations Code Sec. 565.062. BURDEN OF PROOF.

  18. Tex. Occupations Code Sec. 565.063. LIABILITY. This subtitle does not impose liability on an authorized board employee or person acting under the supervision of a board employee, or on a state, county, or municipal officer, engaged in the lawful enforcement of this subtitle.

  19. Tex. Occupations Code Sec. 565.064. CONSTRUCTION. This subtitle does not bar a criminal prosecution for a violation of this subtitle if the violation is a criminal offense under another law of this state or a law of the United States.

  20. Tex. Occupations Code Sec. 565.101. PETITION FOR REINSTATEMENT OR REMOVAL OF RESTRICTION.

  21. Tex. Occupations Code Sec. 565.102. ACTION BY BOARD.

  22. Tex. Occupations Code Sec. 565.103. CONDITION FOR REINSTATEMENT OR REMOVAL OF RESTRICTION. The board may require a person to pass one or more examinations to reenter the practice of pharmacy.

Chapter 566

  1. Tex. Occupations Code Sec. 566.001. IMPOSITION OF PENALTY. The board may impose an administrative penalty on:

  2. Tex. Occupations Code Sec. 566.002. AMOUNT OF PENALTY.

  3. Tex. Occupations Code Sec. 566.003. NOTICE OF VIOLATION.

  4. Tex. Occupations Code Sec. 566.004. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.

  5. Tex. Occupations Code Sec. 566.005. COLLECTION OF PENALTY. If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter to the attorney general for collection of the penalty.

  6. Tex. Occupations Code Sec. 566.006. DETERMINATION BY COURT.

  7. Tex. Occupations Code Sec. 566.007. REMITTANCE OF PENALTY AND INTEREST.

  8. Tex. Occupations Code Sec. 566.008. EFFECT OF SUBCHAPTER. This subchapter does not limit the board's ability to impose an administrative penalty under a consent order entered in accordance with board rules and requirements adopted under Section 565.056.

  9. Tex. Occupations Code Sec. 566.009. ADMINISTRATIVE PROCEDURE.

  10. Tex. Occupations Code Sec. 566.051. INJUNCTIVE RELIEF.

  11. Tex. Occupations Code Sec. 566.052. CEASE AND DESIST ORDER.

  12. Tex. Occupations Code Sec. 566.101. CIVIL PENALTY.

  13. Tex. Occupations Code Sec. 566.102. COLLECTION BY ATTORNEY GENERAL. At the request of the board, the attorney general shall institute an action to collect a civil penalty from a person who has violated this subtitle or any rule adopted under this subtitle.

  14. Tex. Occupations Code Sec. 566.103. COLLECTION BY DISTRICT, COUNTY, OR CITY ATTORNEY.

  15. Tex. Occupations Code Sec. 566.104. VENUE. Venue for a suit under this subchapter is in Travis County.

  16. Tex. Occupations Code Sec. 566.151. OFFENSES; CRIMINAL PENALTY.

Chapter 568

  1. Tex. Occupations Code Sec. 568.001. RULES; QUALIFICATIONS.

  2. Tex. Occupations Code Sec. 568.002. REGISTRATION REQUIRED.

  3. Tex. Occupations Code Sec. 568.003. GROUNDS FOR DISCIPLINARY ACTION.

  4. Tex. Occupations Code Sec. 568.0035. DISCIPLINE AUTHORIZED; EFFECT ON TRAINEE.

  5. Tex. Occupations Code Sec. 568.0036. SUBMISSION TO MENTAL OR PHYSICAL EXAMINATION.

  6. Tex. Occupations Code Sec. 568.0037. TEMPORARY SUSPENSION OR RESTRICTION OF REGISTRATION.

  7. Tex. Occupations Code Sec. 568.004. RENEWAL OF REGISTRATION.

  8. Tex. Occupations Code Sec. 568.0045. RULES RELATING TO CONTINUING EDUCATION. The board shall adopt rules relating to the continuing education required for pharmacy technicians. The rules must include requirements for:

  9. Tex. Occupations Code Sec. 568.005. FEES. The board may adopt fees as necessary for the registration of pharmacy technicians and pharmacy technician trainees.

  10. Tex. Occupations Code Sec. 568.006. RATIO OF PHARMACISTS TO PHARMACY TECHNICIANS AND PHARMACY TECHNICIAN TRAINEES. The ratio of pharmacists to pharmacy technicians and pharmacy technician trainees in a Class A pharmacy must be at least one pharmacist for every five pharmacy technicians or pharmacy technician trainees if the Class A pharmacy dispenses not more than 20 different prescription drugs and does not produce intravenous or intramuscular drugs on-site.

  11. Tex. Occupations Code Sec. 568.008. PHARMACY TECHNICIANS IN HOSPITALS WITH CLINICAL PHARMACY PROGRAM.

  12. Tex. Occupations Code Sec. 568.009. CHANGE OF ADDRESS OR EMPLOYMENT. Not later than the 10th day after the date of a change of address or employment, a pharmacy technician or a pharmacy technician trainee shall notify the board in writing of the change.

Chapter 569

  1. Tex. Occupations Code Sec. 569.001. DUTY TO REPORT.

  2. Tex. Occupations Code Sec. 569.002. INFORMATION TO BE REPORTED.

  3. Tex. Occupations Code Sec. 569.003. IMMUNITY FROM LIABILITY. An insurer reporting under this subchapter, its agents or employees, or the board or its employees or representatives are not liable for damages in a suit brought by any person or entity for reporting as required by this subchapter or for any other action taken under this subchapter.

  4. Tex. Occupations Code Sec. 569.004. RESTRICTION ON USE OF INFORMATION REPORTED.

  5. Tex. Occupations Code Sec. 569.005. INVESTIGATION OF REPORT.

  6. Tex. Occupations Code Sec. 569.006. SANCTIONS IMPOSED ON INSURER. The Texas Department of Insurance may impose on any insurer subject to this subtitle sanctions authorized by Chapter 82, Insurance Code, if the insurer fails to report information as required by this subchapter.

Chapter 601

  1. Tex. Occupations Code Sec. 601.001. SHORT TITLE. This chapter may be cited as the Medical Radiologic Technologist Certification Act.

  2. Tex. Occupations Code Sec. 601.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 601.021. TEXAS BOARD OF MEDICAL RADIOLOGIC TECHNOLOGY. The Texas Board of Medical Radiologic Technology is an advisory board to the Texas Medical Board.

  4. Tex. Occupations Code Sec. 601.022. APPOINTMENT OF ADVISORY BOARD.

  5. Tex. Occupations Code Sec. 601.023. MEMBERSHIP ELIGIBILITY AND RESTRICTIONS.

  6. Tex. Occupations Code Sec. 601.024. TERMS; VACANCIES.

  7. Tex. Occupations Code Sec. 601.025. OFFICERS. The governor shall designate a member of the advisory board as the presiding officer of the advisory board to serve in that capacity at the will of the governor. The advisory board shall select from its membership an assistant presiding officer and other officers as the advisory board considers necessary to carry out the advisory board's duties.

  8. Tex. Occupations Code Sec. 601.026. GROUNDS FOR REMOVAL.

  9. Tex. Occupations Code Sec. 601.027. PER DIEM. A member of the advisory board is entitled to receive a per diem as set by legislative appropriation for each day that the member engages in the business of the advisory board.

  10. Tex. Occupations Code Sec. 601.028. APPLICATION OF OPEN MEETINGS, OPEN RECORDS, AND ADMINISTRATIVE PROCEDURE LAWS. Except as otherwise provided by this chapter, the advisory board is subject to Chapters 551, 552, and 2001, Government Code.

  11. Tex. Occupations Code Sec. 601.029. MEETINGS; QUORUM REQUIREMENTS.

  12. Tex. Occupations Code Sec. 601.030. TRAINING.

  13. Tex. Occupations Code Sec. 601.052. GENERAL POWERS AND DUTIES OF ADVISORY BOARD. The advisory board shall:

  14. Tex. Occupations Code Sec. 601.0521. GUIDELINES FOR EARLY INVOLVEMENT IN RULEMAKING PROCESS.

  15. Tex. Occupations Code Sec. 601.0522. POWERS AND DUTIES OF MEDICAL BOARD RELATING TO RADIOLOGIC PROCEDURES.

  16. Tex. Occupations Code Sec. 601.054. APPROVAL AND REVIEW OF CURRICULA AND TRAINING PROGRAMS.

  17. Tex. Occupations Code Sec. 601.055. APPROVAL AND REVIEW OF INSTRUCTOR APPROVAL.

  18. Tex. Occupations Code Sec. 601.056. DANGEROUS OR HAZARDOUS PROCEDURES.

  19. Tex. Occupations Code Sec. 601.057. FEES. The advisory board by rule may set fees for examination, certificate issuance, registration of a person under Section 601.202, and application processing under Section 601.203 in amounts that are reasonable to cover the costs of administering this chapter without the use of additional general revenue.

  20. Tex. Occupations Code Sec. 601.0571. FEE REFUND ON CANCELLATION. The advisory board may adopt rules relating to the refund of a fee for the issuance or renewal of a certificate after the cancellation of a certificate.

  21. Tex. Occupations Code Sec. 601.0572. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION. The advisory board shall adopt rules and guidelines as necessary to comply with Chapter 53, except to the extent the requirements of this chapter are stricter than the requirements of Chapter 53.

  22. Tex. Occupations Code Sec. 601.058. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.

  23. Tex. Occupations Code Sec. 601.059. ASSISTANCE BY MEDICAL BOARD; DIVISION OF RESPONSIBILITIES.

  24. Tex. Occupations Code Sec. 601.060. PUBLIC PARTICIPATION. Subject to the advice and approval of the medical board, the advisory board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the advisory board and to speak on any issue under the jurisdiction of the advisory board.

  25. Tex. Occupations Code Sec. 601.101. CERTIFICATION REQUIRED. A person may not perform a radiologic procedure unless the person holds a certificate issued under this chapter, except as otherwise provided by Subchapter D.

  26. Tex. Occupations Code Sec. 601.102. CLASSES OF CERTIFICATES.

  27. Tex. Occupations Code Sec. 601.1021. RADIOLOGIST ASSISTANT CERTIFICATE.

  28. Tex. Occupations Code Sec. 601.1031. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR REGISTRATION.

  29. Tex. Occupations Code Sec. 601.104. EXAMINATION.

  30. Tex. Occupations Code Sec. 601.1041. NOTIFICATION OF EXAMINATION RESULTS.

  31. Tex. Occupations Code Sec. 601.105. ISSUANCE OF CERTIFICATE; TERM.

  32. Tex. Occupations Code Sec. 601.106. TRANSFER OF CERTIFICATE PROHIBITED. A certificate issued under this chapter is not transferable.

  33. Tex. Occupations Code Sec. 601.107. CERTIFICATION BY ENDORSEMENT. In adopting minimum standards for certifying medical radiologic technologists, the advisory board may establish criteria for issuing a certificate to a person licensed or otherwise registered as a medical radiologic technologist by the American Registry of Radiologic Technologists, the American Registry of Clinical Radiography Technologists, or another state whose requirements for licensure or registration were on the date of licensing or registration substantially equal to the requirements of this chapter.

  34. Tex. Occupations Code Sec. 601.108. CONTINUING EDUCATION AND OTHER GUIDELINES.

  35. Tex. Occupations Code Sec. 601.109. PROVISIONAL CERTIFICATE.

  36. Tex. Occupations Code Sec. 601.110. CERTIFICATE EXPIRATION.

  37. Tex. Occupations Code Sec. 601.111. CERTIFICATE RENEWAL.

  38. Tex. Occupations Code Sec. 601.1111. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR RENEWAL.

  39. Tex. Occupations Code Sec. 601.112. RENEWAL OF CERTIFICATE BY OUT-OF-STATE PERSON.

  40. Tex. Occupations Code Sec. 601.113. REFUSAL FOR VIOLATION OF BOARD ORDER. The advisory board may refuse to renew a certificate issued under this chapter if the certificate holder is in violation of an advisory board order.

  41. Tex. Occupations Code Sec. 601.151. PRACTITIONERS. A person is not required to hold a certificate issued under this chapter to perform a radiologic procedure if the person is a practitioner and performs the procedure in the course and scope of the profession for which the person holds a license.

  42. Tex. Occupations Code Sec. 601.152. PERSON SUPERVISED BY PRACTITIONER. A person is not required to hold a certificate issued under this chapter to perform a radiologic procedure if:

  43. Tex. Occupations Code Sec. 601.153. PERSON SUPERVISED BY DENTIST. A person is not required to hold a certificate issued under this chapter to perform a radiologic procedure if:

  44. Tex. Occupations Code Sec. 601.154. HOSPITAL PROCEDURES. A person is not required to hold a certificate issued under this chapter to perform a radiologic procedure in a hospital if:

  45. Tex. Occupations Code Sec. 601.155. STUDENTS. A person is not required to hold a certificate issued under this chapter if the person:

  46. Tex. Occupations Code Sec. 601.156. PROCEDURE PERFORMED AS PART OF CONTINUING EDUCATION PROGRAM. A person is not required to hold a certificate issued under this chapter if the person is:

  47. Tex. Occupations Code Sec. 601.157. PERSON SUPERVISED BY PODIATRIST. A person is not required to hold a certificate issued under this chapter to perform a radiologic procedure if:

  48. Tex. Occupations Code Sec. 601.201. MANDATORY TRAINING.

  49. Tex. Occupations Code Sec. 601.202. REGISTRY. The advisory board by rule shall establish a registry of persons required to comply with this subchapter.

  50. Tex. Occupations Code Sec. 601.203. HARDSHIP EXEMPTION.

  51. Tex. Occupations Code Sec. 601.251. APPLICABILITY. This subchapter applies to the:

  52. Tex. Occupations Code Sec. 601.252. REQUIREMENT TO ADOPT RULES.

  53. Tex. Occupations Code Sec. 601.253. TEXAS BOARD OF NURSING.

  54. Tex. Occupations Code Sec. 601.254. TEXAS PHYSICIAN ASSISTANT BOARD.

  55. Tex. Occupations Code Sec. 601.271. COMPLAINT INFORMATION AND STATUS.

  56. Tex. Occupations Code Sec. 601.272. CONDUCT OF INVESTIGATION. The advisory board shall complete a preliminary investigation of a complaint filed with the advisory board not later than the 45th day after the date of receiving the complaint. The advisory board shall first determine whether the person constitutes a continuing threat to the public welfare. On completion of the preliminary investigation, the advisory board shall determine whether to officially proceed on the complaint. If the advisory board fails to complete the preliminary investigation in the time required by this section, the advisory board's official investigation of the complaint is considered to commence on that date.

  57. Tex. Occupations Code Sec. 601.273. ACCESS TO COMPLAINT INFORMATION.

  58. Tex. Occupations Code Sec. 601.274. HEALTH CARE ENTITY REQUEST FOR INFORMATION. On the written request of a health care entity, the advisory board shall provide to the entity:

  59. Tex. Occupations Code Sec. 601.275. CONFIDENTIALITY OF INVESTIGATIVE INFORMATION. A complaint, adverse report, investigation file, other report, or other investigative information in the possession of or received or gathered by the advisory board, the medical board, or an employee or agent of the medical board relating to a certificate holder, a person approved under Section 601.054 or 601.055, an application for certification or approval, or a criminal investigation or proceeding is privileged and confidential and is not subject to discovery, subpoena, or other means of legal compulsion for release to any person other than the advisory board, the medical board, or an employee or agent of the advisory board or medical board involved in discipline under this chapter. For purposes of this section, "investigative information" includes information related to the identity of a person performing or supervising compliance monitoring for the advisory board or medical board and a report prepared by the person related to compliance monitoring.

  60. Tex. Occupations Code Sec. 601.276. PERMITTED DISCLOSURE OF INVESTIGATIVE INFORMATION.

  61. Tex. Occupations Code Sec. 601.301. CERTIFICATE DENIAL AND DISCIPLINARY ACTION. The advisory board may, for a violation of this chapter or a rule adopted under this chapter:

  62. Tex. Occupations Code Sec. 601.302. GROUNDS FOR CERTIFICATE DENIAL OR DISCIPLINARY ACTION. The advisory board may take action under Section 601.301 against a person subject to this chapter for:

  63. Tex. Occupations Code Sec. 601.303. STUDENT PRACTICING WITHOUT DIRECT SUPERVISION. The advisory board may take disciplinary action against a student for intentionally practicing radiologic technology without direct supervision.

  64. Tex. Occupations Code Sec. 601.304. ADMINISTRATIVE PROCEDURE FOR CONTESTED CASE HEARING. For a contested case hearing in which a formal complaint has been filed under this chapter, the procedure by which the advisory board takes a disciplinary action and the procedure by which a disciplinary action is appealed are governed by:

  65. Tex. Occupations Code Sec. 601.305. SURRENDER OF CERTIFICATE.

  66. Tex. Occupations Code Sec. 601.306. EMERGENCY SUSPENSION.

  67. Tex. Occupations Code Sec. 601.307. DELEGATION OF CERTAIN COMPLAINT DISPOSITIONS.

  68. Tex. Occupations Code Sec. 601.308. SUBPOENA.

  69. Tex. Occupations Code Sec. 601.309. PROTECTION OF PATIENT IDENTITY. In a disciplinary investigation or proceeding conducted under this chapter, the advisory board shall protect the identity of each patient whose medical records are examined and used in a public proceeding unless the patient:

  70. Tex. Occupations Code Sec. 601.310. REQUIRED SUSPENSION OF LICENSE OF INCARCERATED CERTIFICATE HOLDER. Regardless of the offense, the advisory board shall suspend the certificate or approval of a person serving a prison term in a state or federal penitentiary during the term of the incarceration.

  71. Tex. Occupations Code Sec. 601.311. INFORMAL PROCEEDINGS.

  72. Tex. Occupations Code Sec. 601.312. ADVISORY BOARD REPRESENTATION IN INFORMAL PROCEEDINGS.

  73. Tex. Occupations Code Sec. 601.313. ROLES AND RESPONSIBILITIES OF PARTICIPANTS IN INFORMAL PROCEEDINGS.

  74. Tex. Occupations Code Sec. 601.314. LIMIT ON ACCESS TO INVESTIGATION FILES. The advisory board shall prohibit or limit access to an investigation file relating to a person subject to an informal proceeding in the manner provided by Sections 164.007(c) and 601.275.

  75. Tex. Occupations Code Sec. 601.315. REFUND.

  76. Tex. Occupations Code Sec. 601.316. EXPERT IMMUNITY. An expert who assists the advisory board is immune from suit and judgment and may not be subjected to a suit for damages for any investigation, report, recommendation, statement, evaluation, finding, or other action taken in the course of assisting the advisory board in a disciplinary proceeding. The attorney general shall represent the expert in any suit resulting from a service provided by the person in good faith to the advisory board.

  77. Tex. Occupations Code Sec. 601.351. IMPOSITION OF PENALTY. The advisory board may impose an administrative penalty against a person who violates this chapter or a rule adopted under this chapter.

  78. Tex. Occupations Code Sec. 601.352. AMOUNT OF PENALTY.

  79. Tex. Occupations Code Sec. 601.353. NOTICE OF VIOLATION AND PENALTY.

  80. Tex. Occupations Code Sec. 601.354. PENALTY TO BE PAID OR HEARING REQUESTED.

  81. Tex. Occupations Code Sec. 601.355. HEARING.

  82. Tex. Occupations Code Sec. 601.356. DECISION BY ADVISORY BOARD.

  83. Tex. Occupations Code Sec. 601.357. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.

  84. Tex. Occupations Code Sec. 601.358. COLLECTION OF PENALTY. If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the advisory board may refer the matter to the attorney general for collection.

  85. Tex. Occupations Code Sec. 601.359. DETERMINATION BY COURT.

  86. Tex. Occupations Code Sec. 601.360. REMITTANCE OF PENALTY AND INTEREST.

  87. Tex. Occupations Code Sec. 601.361. EXPENSES AND COSTS.

  88. Tex. Occupations Code Sec. 601.362. ADMINISTRATIVE PROCEDURE. A proceeding under this subchapter is subject to Chapter 2001, Government Code.

  89. Tex. Occupations Code Sec. 601.401. INJUNCTION; CIVIL PENALTY.

  90. Tex. Occupations Code Sec. 601.402. CRIMINAL OFFENSES.

Chapter 602

  1. Tex. Occupations Code Sec. 602.001. SHORT TITLE. This chapter may be cited as the Medical Physics Practice Act.

  2. Tex. Occupations Code Sec. 602.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 602.051. ADVISORY COMMITTEE.

  4. Tex. Occupations Code Sec. 602.052. APPOINTMENT OF ADVISORY COMMITTEE.

  5. Tex. Occupations Code Sec. 602.053. PUBLIC MEMBER ELIGIBILITY.

  6. Tex. Occupations Code Sec. 602.054. MEMBERSHIP RESTRICTIONS.

  7. Tex. Occupations Code Sec. 602.055. TERMS; VACANCY.

  8. Tex. Occupations Code Sec. 602.056. GROUNDS FOR REMOVAL.

  9. Tex. Occupations Code Sec. 602.057. COMPENSATION. A member of the advisory committee is entitled to a per diem in an amount set by the legislature for each day that the member engages in the business of the advisory committee.

  10. Tex. Occupations Code Sec. 602.058. ADVISORY COMMITTEE OFFICERS; MEETINGS.

  11. Tex. Occupations Code Sec. 602.151. GENERAL POWERS AND DUTIES.

  12. Tex. Occupations Code Sec. 602.152. CONSUMER INTEREST INFORMATION; COMPLAINTS.

  13. Tex. Occupations Code Sec. 602.1521. PUBLIC PARTICIPATION. The medical board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the medical board and to speak on any issue relating to medical physicists.

  14. Tex. Occupations Code Sec. 602.1525. SUBPOENAS; CONFIDENTIALITY OF INFORMATION.

  15. Tex. Occupations Code Sec. 602.153. CONTINUING EDUCATION. The medical board shall recognize, prepare, or administer continuing education programs for persons licensed under this chapter. A license holder must participate in the programs to the extent required by the medical board to keep the person's license.

  16. Tex. Occupations Code Sec. 602.154. RULES RELATING TO ADVERTISING OR COMPETITIVE BIDDING.

  17. Tex. Occupations Code Sec. 602.156. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION. The medical board shall adopt rules and guidelines as necessary to comply with Chapter 53, except to the extent the requirements of this chapter are stricter than the requirements of Chapter 53.

  18. Tex. Occupations Code Sec. 602.201. LICENSE REQUIRED; SPECIALTY LICENSE.

  19. Tex. Occupations Code Sec. 602.202. EXEMPTIONS FROM LICENSE REQUIREMENT. This chapter does not apply to:

  20. Tex. Occupations Code Sec. 602.203. LICENSE APPLICATION.

  21. Tex. Occupations Code Sec. 602.205. TEMPORARY LICENSE. The medical board may issue a temporary license to an applicant who has satisfied the educational requirements for a license but who has not yet completed the experience and examination requirements of Section 602.207. A temporary license is valid for one year from the date of issuance.

  22. Tex. Occupations Code Sec. 602.206. EXAMINATION.

  23. Tex. Occupations Code Sec. 602.207. ELIGIBILITY FOR EXAMINATION.

  24. Tex. Occupations Code Sec. 602.208. EXAMINATION RESULTS; REEXAMINATION.

  25. Tex. Occupations Code Sec. 602.2081. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE.

  26. Tex. Occupations Code Sec. 602.209. LICENSE ISSUANCE.

  27. Tex. Occupations Code Sec. 602.210. LICENSE TERM AND RENEWAL.

  28. Tex. Occupations Code Sec. 602.2101. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR RENEWAL.

  29. Tex. Occupations Code Sec. 602.211. LICENSE BY ENDORSEMENT OR RECIPROCITY.

  30. Tex. Occupations Code Sec. 602.212. LICENSE HOLDER DUTIES. A license holder shall:

  31. Tex. Occupations Code Sec. 602.213. PROVISIONAL LICENSE.

  32. Tex. Occupations Code Sec. 602.214. REFUSAL FOR VIOLATION OF BOARD ORDER. The medical board may refuse to renew a license issued under this chapter if the license holder is in violation of a medical board order.

  33. Tex. Occupations Code Sec. 602.251. GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY ACTION. The medical board may refuse to issue or renew a license, suspend, restrict, or revoke a license, or reprimand a license holder for:

  34. Tex. Occupations Code Sec. 602.252. ADMINISTRATIVE PROCEDURE FOR CONTESTED CASE HEARING. Chapter 2001, Government Code, and medical board rules for a contested case hearing apply to a proceeding by the medical board under this chapter in which a formal complaint has been filed.

  35. Tex. Occupations Code Sec. 602.2521. INFORMAL PROCEDURES.

  36. Tex. Occupations Code Sec. 602.253. PROBATION. The medical board may place on probation a person whose license is suspended. If a license suspension is probated, the medical board may require the person to:

  37. Tex. Occupations Code Sec. 602.254. EMERGENCY SUSPENSION.

  38. Tex. Occupations Code Sec. 602.301. INJUNCTION. The medical board shall prosecute or file suit to enjoin a violation of this chapter or a rule adopted under this chapter.

  39. Tex. Occupations Code Sec. 602.3015. CIVIL PENALTY.

  40. Tex. Occupations Code Sec. 602.302. OFFENSE.

  41. Tex. Occupations Code Sec. 602.351. IMPOSITION OF ADMINISTRATIVE PENALTY.

  42. Tex. Occupations Code Sec. 602.352. PAYMENT AND COLLECTION OF ADMINISTRATIVE PENALTY; JUDICIAL REVIEW.

Chapter 603

  1. Tex. Occupations Code Sec. 603.001. SHORT TITLE. This chapter may be cited as the Licensed Perfusionists Act.

  2. Tex. Occupations Code Sec. 603.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 603.003. PRACTICE OF PERFUSION.

  4. Tex. Occupations Code Sec. 603.004. APPLICATION OF CHAPTER. This chapter does not apply to:

  5. Tex. Occupations Code Sec. 603.006. APPLICABILITY OF OTHER LAW. Chapter 2110, Government Code, does not apply to the advisory committee.

  6. Tex. Occupations Code Sec. 603.051. ADVISORY COMMITTEE MEMBERSHIP.

  7. Tex. Occupations Code Sec. 603.0511. PUBLIC MEMBER ELIGIBILITY. A person may not be a public member of the advisory committee if the person or the person's spouse:

  8. Tex. Occupations Code Sec. 603.052. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.

  9. Tex. Occupations Code Sec. 603.053. TERMS; VACANCY.

  10. Tex. Occupations Code Sec. 603.054. GROUNDS FOR REMOVAL.

  11. Tex. Occupations Code Sec. 603.055. REIMBURSEMENT. A member is entitled to reimbursement for expenses as provided by the General Appropriations Act.

  12. Tex. Occupations Code Sec. 603.056. OFFICERS.

  13. Tex. Occupations Code Sec. 603.057. MEETINGS. The advisory committee shall meet as requested by the medical board. A meeting may be held by telephone conference call.

  14. Tex. Occupations Code Sec. 603.151. GENERAL POWERS AND DUTIES. The medical board shall:

  15. Tex. Occupations Code Sec. 603.152. GENERAL RULEMAKING AUTHORITY. The medical board may adopt rules necessary to:

  16. Tex. Occupations Code Sec. 603.153. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.

  17. Tex. Occupations Code Sec. 603.1535. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.

  18. Tex. Occupations Code Sec. 603.154. FEES.

  19. Tex. Occupations Code Sec. 603.155. DUTIES REGARDING COMPLAINTS.

  20. Tex. Occupations Code Sec. 603.156. REGISTRY. The medical board shall prepare a registry of licensed perfusionists and provisionally licensed perfusionists that is available to the public, license holders, and appropriate state agencies.

  21. Tex. Occupations Code Sec. 603.201. PUBLIC INTEREST INFORMATION.

  22. Tex. Occupations Code Sec. 603.202. COMPLAINTS.

  23. Tex. Occupations Code Sec. 603.203. RECORDS OF COMPLAINTS.

  24. Tex. Occupations Code Sec. 603.204. GENERAL RULES REGARDING COMPLAINT INVESTIGATION AND DISPOSITION.

  25. Tex. Occupations Code Sec. 603.2041. SUBPOENAS; CONFIDENTIALITY OF INFORMATION.

  26. Tex. Occupations Code Sec. 603.205. PUBLIC PARTICIPATION.

  27. Tex. Occupations Code Sec. 603.251. LICENSE REQUIRED.

  28. Tex. Occupations Code Sec. 603.252. LICENSE APPLICATION.

  29. Tex. Occupations Code Sec. 603.253. COMPETENCY EXAMINATION.

  30. Tex. Occupations Code Sec. 603.2535. JURISPRUDENCE EXAMINATION.

  31. Tex. Occupations Code Sec. 603.254. QUALIFICATION FOR EXAMINATION.

  32. Tex. Occupations Code Sec. 603.255. INVESTIGATION OF APPLICANT.

  33. Tex. Occupations Code Sec. 603.256. EXAMINATION RESULTS.

  34. Tex. Occupations Code Sec. 603.257. REEXAMINATION AND ALTERNATIVES TO EXAMINATION. The medical board by rule shall establish:

  35. Tex. Occupations Code Sec. 603.2571. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE.

  36. Tex. Occupations Code Sec. 603.258. ISSUANCE OF LICENSE. A person who meets the qualifications for a license under this chapter is entitled to a license.

  37. Tex. Occupations Code Sec. 603.259. PROVISIONAL LICENSE.

  38. Tex. Occupations Code Sec. 603.301. LICENSE RENEWAL.

  39. Tex. Occupations Code Sec. 603.302. PROVISIONAL LICENSE RENEWAL. A provisional license expires on the first anniversary of the date of issuance and, if the supervising licensed perfusionist or physician described by Section 603.259(c) signs the renewal application, the license may be renewed annually not more than five times by complying with the renewal procedures under this subchapter.

  40. Tex. Occupations Code Sec. 603.303. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER.

  41. Tex. Occupations Code Sec. 603.3031. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR RENEWAL.

  42. Tex. Occupations Code Sec. 603.304. CONTINUING EDUCATION.

  43. Tex. Occupations Code Sec. 603.305. GROUNDS FOR REFUSING RENEWAL. The medical board may refuse to renew the license of a person who fails to pay an administrative penalty imposed under Subchapter K unless enforcement of the penalty is stayed or a court has ordered that the administrative penalty is not owed.

  44. Tex. Occupations Code Sec. 603.306. REFUSAL FOR VIOLATION OF BOARD ORDER. The medical board may refuse to renew a license issued under this chapter if the license holder is in violation of a medical board order.

  45. Tex. Occupations Code Sec. 603.351. DISPLAY OF LICENSE. A person licensed under this chapter shall:

  46. Tex. Occupations Code Sec. 603.352. LICENSE HOLDER INFORMATION. A person licensed under this chapter shall keep the medical board informed of any change in the license holder's address.

  47. Tex. Occupations Code Sec. 603.353. SURRENDER OF LICENSE. A license certificate issued by the medical board is the property of the medical board and shall be surrendered on demand.

  48. Tex. Occupations Code Sec. 603.354. CERTIFICATION FROM AMERICAN BOARD OF CARDIOVASCULAR PERFUSION. Unless a person holds a certificate as a certified clinical perfusionist issued by the American Board of Cardiovascular Perfusion, the person may not:

  49. Tex. Occupations Code Sec. 603.401. GROUNDS FOR DISCIPLINARY ACTION. If a license holder violates this chapter or a rule or code of ethics adopted under this chapter, the medical board may:

  50. Tex. Occupations Code Sec. 603.402. CONTESTED CASE HEARING. Chapter 2001, Government Code, and medical board rules for a contested case hearing apply to a proceeding by the medical board under this chapter in which a formal complaint has been filed.

  51. Tex. Occupations Code Sec. 603.403. ADMINISTRATIVE PROCEDURE. A proceeding under this subchapter to suspend, revoke, or refuse to renew a license is governed by Chapter 2001, Government Code.

  52. Tex. Occupations Code Sec. 603.404. SANCTIONS.

  53. Tex. Occupations Code Sec. 603.405. PROBATION. The medical board may require a person whose license suspension is probated to:

  54. Tex. Occupations Code Sec. 603.406. MONITORING OF LICENSE HOLDER.

  55. Tex. Occupations Code Sec. 603.407. INFORMAL PROCEDURES.

  56. Tex. Occupations Code Sec. 603.408. EMERGENCY SUSPENSION.

  57. Tex. Occupations Code Sec. 603.409. REFUND.

  58. Tex. Occupations Code Sec. 603.451. INJUNCTION.

  59. Tex. Occupations Code Sec. 603.4515. CIVIL PENALTY.

  60. Tex. Occupations Code Sec. 603.452. CRIMINAL PENALTY.

  61. Tex. Occupations Code Sec. 603.453. CEASE AND DESIST ORDER.

  62. Tex. Occupations Code Sec. 603.501. IMPOSITION OF ADMINISTRATIVE PENALTY. The medical board may impose an administrative penalty on a person licensed under this chapter who violates this chapter or a rule or order adopted under this chapter.

  63. Tex. Occupations Code Sec. 603.502. AMOUNT OF ADMINISTRATIVE PENALTY.

  64. Tex. Occupations Code Sec. 603.503. NOTICE OF VIOLATION AND PENALTY. If the medical board determines that a violation occurred, the medical board shall give written notice of the violation to the person. The notice must:

  65. Tex. Occupations Code Sec. 603.504. PENALTY TO BE PAID OR HEARING REQUESTED.

  66. Tex. Occupations Code Sec. 603.505. HEARING.

  67. Tex. Occupations Code Sec. 603.506. DECISION BY MEDICAL BOARD.

  68. Tex. Occupations Code Sec. 603.507. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.

  69. Tex. Occupations Code Sec. 603.508. COLLECTION OF PENALTY.

  70. Tex. Occupations Code Sec. 603.509. DETERMINATION BY COURT.

  71. Tex. Occupations Code Sec. 603.510. REMITTANCE OF PENALTY AND INTEREST.

  72. Tex. Occupations Code Sec. 603.511. ADMINISTRATIVE PROCEDURE. A proceeding under this subchapter is a contested case under Chapter 2001, Government Code.

Chapter 604

  1. Tex. Occupations Code Sec. 604.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 604.002. INTERPRETATION: PRACTICE OF MEDICINE. This chapter does not permit the practice of medicine, as defined by Subtitle B, by a respiratory care practitioner.

  3. Tex. Occupations Code Sec. 604.003. EFFECT OF CHAPTER. This chapter does not prohibit:

  4. Tex. Occupations Code Sec. 604.021. TEXAS BOARD OF RESPIRATORY CARE. The Texas Board of Respiratory Care is an advisory board to the Texas Medical Board.

  5. Tex. Occupations Code Sec. 604.022. APPOINTMENT OF ADVISORY BOARD.

  6. Tex. Occupations Code Sec. 604.023. MEMBERSHIP ELIGIBILITY AND RESTRICTIONS.

  7. Tex. Occupations Code Sec. 604.024. TERMS; VACANCIES.

  8. Tex. Occupations Code Sec. 604.025. OFFICERS. The governor shall designate a member of the advisory board as the presiding officer of the advisory board to serve in that capacity at the will of the governor. The advisory board shall select from its membership an assistant presiding officer and other officers as the advisory board considers necessary to carry out the advisory board's duties.

  9. Tex. Occupations Code Sec. 604.026. GROUNDS FOR REMOVAL.

  10. Tex. Occupations Code Sec. 604.027. PER DIEM. A member of the advisory board is entitled to receive a per diem as set by legislative appropriation for each day that the member engages in the business of the advisory board.

  11. Tex. Occupations Code Sec. 604.028. APPLICATION OF OPEN MEETINGS, OPEN RECORDS, AND ADMINISTRATIVE PROCEDURE LAWS. Except as otherwise provided by this chapter, the advisory board is subject to Chapters 551, 552, and 2001, Government Code.

  12. Tex. Occupations Code Sec. 604.029. MEETINGS; QUORUM REQUIREMENTS.

  13. Tex. Occupations Code Sec. 604.030. TRAINING.

  14. Tex. Occupations Code Sec. 604.052. GENERAL POWERS AND DUTIES OF ADVISORY BOARD.

  15. Tex. Occupations Code Sec. 604.0521. GUIDELINES FOR EARLY INVOLVEMENT IN RULEMAKING PROCESS.

  16. Tex. Occupations Code Sec. 604.0522. POWERS AND DUTIES OF MEDICAL BOARD RELATING TO RESPIRATORY CARE PRACTITIONERS.

  17. Tex. Occupations Code Sec. 604.053. FEES.

  18. Tex. Occupations Code Sec. 604.054. APPROVAL OF EDUCATION PROGRAMS. In determining whether to approve a respiratory care education program, the advisory board shall consider relevant information about the quality of the program, including accreditation of the program by a professional medical association, such as the Commission on Accreditation of Allied Health Education Programs.

  19. Tex. Occupations Code Sec. 604.055. PEER ASSISTANCE PROGRAM. The advisory board may use the Texas Physician Health Program established under Chapter 167 as the advisory board's peer assistance program. The advisory board by rule may establish procedures for making a confidential referral to the Texas Physician Health Program and for requiring participation in the program as a prerequisite for issuing or maintaining a certificate or temporary permit under this chapter.

  20. Tex. Occupations Code Sec. 604.057. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.

  21. Tex. Occupations Code Sec. 604.058. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION. The advisory board shall adopt rules and guidelines as necessary to comply with Chapter 53, except to the extent the requirements of this chapter are stricter than the requirements of Chapter 53.

  22. Tex. Occupations Code Sec. 604.059. ASSISTANCE BY MEDICAL BOARD; DIVISION OF RESPONSIBILITIES.

  23. Tex. Occupations Code Sec. 604.060. PUBLIC PARTICIPATION. Subject to the advice and approval of the medical board, the advisory board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the advisory board and to speak on any issue under the jurisdiction of the advisory board.

  24. Tex. Occupations Code Sec. 604.101. CERTIFICATE OR TEMPORARY PERMIT REQUIRED; SUPERVISION.

  25. Tex. Occupations Code Sec. 604.102. USE OF TITLE.

  26. Tex. Occupations Code Sec. 604.103. APPLICATION; APPLICATION FEE. An applicant for a certificate or temporary permit must:

  27. Tex. Occupations Code Sec. 604.1031. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR CERTIFICATE OR TEMPORARY PERMIT.

  28. Tex. Occupations Code Sec. 604.104. REQUIREMENT FOR CERTIFICATE. An applicant for a certificate must submit to the advisory board written evidence, verified by oath, that the applicant has completed:

  29. Tex. Occupations Code Sec. 604.1041. EXAMINATION.

  30. Tex. Occupations Code Sec. 604.1042. NOTIFICATION OF EXAMINATION RESULTS.

  31. Tex. Occupations Code Sec. 604.105. ISSUANCE OF CERTIFICATE. The advisory board shall issue a certificate to an applicant who:

  32. Tex. Occupations Code Sec. 604.106. ISSUANCE OF CERTIFICATE BY RECIPROCITY. The advisory board may issue a certificate to a person who is licensed or certified to practice respiratory care by another state whose requirements for licensure or certification were on the date the license or certificate was issued substantially equal to the requirements of this chapter.

  33. Tex. Occupations Code Sec. 604.107. REQUIREMENTS FOR TEMPORARY PERMIT. An applicant for a temporary permit to practice respiratory care must submit to the advisory board:

  34. Tex. Occupations Code Sec. 604.108. ISSUANCE OF TEMPORARY PERMIT; RENEWAL.

  35. Tex. Occupations Code Sec. 604.109. TRANSFER OF CERTIFICATE OR TEMPORARY PERMIT PROHIBITED. A certificate or temporary permit issued under this chapter may not be transferred.

  36. Tex. Occupations Code Sec. 604.110. DELEGATION OF AUTHORITY TO ISSUE CERTIFICATE OR TEMPORARY PERMIT. The advisory board may delegate authority to medical board employees to issue certificates or temporary permits under this chapter to applicants who clearly meet all applicable requirements. If the medical board employees determine that the applicant does not clearly meet all applicable requirements, the application must be returned to the advisory board. A certificate or temporary permit issued under this section does not require formal advisory board approval.

  37. Tex. Occupations Code Sec. 604.151. CERTIFICATE RENEWAL.

  38. Tex. Occupations Code Sec. 604.152. NOTICE OF CERTIFICATE RENEWAL.

  39. Tex. Occupations Code Sec. 604.1521. PROCEDURE FOR RENEWAL.

  40. Tex. Occupations Code Sec. 604.1522. RENEWAL OF CERTIFICATE BY OUT-OF-STATE PRACTITIONER.

  41. Tex. Occupations Code Sec. 604.1523. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR RENEWAL.

  42. Tex. Occupations Code Sec. 604.153. ISSUANCE OF RENEWAL CERTIFICATE.

  43. Tex. Occupations Code Sec. 604.154. CONTINUING EDUCATION REQUIREMENTS.

  44. Tex. Occupations Code Sec. 604.156. INACTIVE STATUS.

  45. Tex. Occupations Code Sec. 604.157. RENEWAL OF TEMPORARY PERMIT.

  46. Tex. Occupations Code Sec. 604.158. REFUSAL FOR VIOLATION OF BOARD ORDER. The advisory board may refuse to renew a certificate or temporary permit issued under this chapter if the certificate or permit holder is in violation of an advisory board order.

  47. Tex. Occupations Code Sec. 604.171. COMPLAINT INFORMATION AND STATUS.

  48. Tex. Occupations Code Sec. 604.172. CONDUCT OF INVESTIGATION. The advisory board shall complete a preliminary investigation of a complaint filed with the advisory board not later than the 45th day after the date of receiving the complaint. The advisory board shall first determine whether the person constitutes a continuing threat to the public welfare. On completion of the preliminary investigation, the advisory board shall determine whether to officially proceed on the complaint. If the advisory board fails to complete the preliminary investigation in the time required by this section, the advisory board's official investigation of the complaint is considered to commence on that date.

  49. Tex. Occupations Code Sec. 604.173. ACCESS TO COMPLAINT INFORMATION.

  50. Tex. Occupations Code Sec. 604.174. HEALTH CARE ENTITY REQUEST FOR INFORMATION. On the written request of a health care entity, the advisory board shall provide to the entity:

  51. Tex. Occupations Code Sec. 604.175. CONFIDENTIALITY OF INVESTIGATIVE INFORMATION. A complaint, adverse report, investigation file, other report, or other investigative information in the possession of or received or gathered by the advisory board, the medical board, or an employee or agent of the medical board relating to a certificate or temporary permit holder, an application for a certificate or temporary permit, or a criminal investigation or proceeding is privileged and confidential and is not subject to discovery, subpoena, or other means of legal compulsion for release to any person other than the advisory board, the medical board, or an employee or agent of the advisory board or medical board involved in discipline under this chapter. For purposes of this section, "investigative information" includes information related to the identity of a person performing or supervising compliance monitoring for the advisory board or medical board and a report prepared by the person related to compliance monitoring.

  52. Tex. Occupations Code Sec. 604.176. PERMITTED DISCLOSURE OF INVESTIGATIVE INFORMATION.

  53. Tex. Occupations Code Sec. 604.201. DISCIPLINARY ACTION.

  54. Tex. Occupations Code Sec. 604.2011. SURRENDER OF CERTIFICATE OR TEMPORARY PERMIT.

  55. Tex. Occupations Code Sec. 604.202. EMERGENCY SUSPENSION.

  56. Tex. Occupations Code Sec. 604.203. ADMINISTRATIVE PROCEDURE FOR CONTESTED CASE HEARING. For a contested case hearing in which a formal complaint has been filed under this chapter, the procedure by which the advisory board takes a disciplinary action and the procedure by which a disciplinary action is appealed are governed by:

  57. Tex. Occupations Code Sec. 604.204. EFFECT OF DENIAL OF APPLICATION OR REVOCATION OF CERTIFICATE OR TEMPORARY PERMIT. A person whose application for a certificate or temporary permit is denied or whose certificate or permit is revoked is ineligible for a certificate or permit under this chapter until the first anniversary of the date of the denial or revocation.

  58. Tex. Occupations Code Sec. 604.205. DELEGATION OF CERTAIN COMPLAINT DISPOSITIONS.

  59. Tex. Occupations Code Sec. 604.206. SUBPOENA.

  60. Tex. Occupations Code Sec. 604.207. PROTECTION OF PATIENT IDENTITY. In a disciplinary investigation or proceeding conducted under this chapter, the advisory board shall protect the identity of each patient whose medical records are examined and used in a public proceeding unless the patient:

  61. Tex. Occupations Code Sec. 604.208. REQUIRED SUSPENSION OF LICENSE OF INCARCERATED CERTIFICATE OR TEMPORARY PERMIT HOLDER. Regardless of the offense, the advisory board shall suspend the certificate or temporary permit of a person serving a prison term in a state or federal penitentiary during the term of the incarceration.

  62. Tex. Occupations Code Sec. 604.209. INFORMAL PROCEEDINGS.

  63. Tex. Occupations Code Sec. 604.210. ADVISORY BOARD REPRESENTATION IN INFORMAL PROCEEDINGS.

  64. Tex. Occupations Code Sec. 604.211. ROLES AND RESPONSIBILITIES OF PARTICIPANTS IN INFORMAL PROCEEDINGS.

  65. Tex. Occupations Code Sec. 604.212. LIMIT ON ACCESS TO INVESTIGATION FILES. The advisory board shall prohibit or limit access to an investigation file relating to a person subject to an informal proceeding in the manner provided by Sections 164.007(c) and 604.175.

  66. Tex. Occupations Code Sec. 604.213. REFUND.

  67. Tex. Occupations Code Sec. 604.214. EXPERT IMMUNITY. An expert who assists the advisory board is immune from suit and judgment and may not be subjected to a suit for damages for any investigation, report, recommendation, statement, evaluation, finding, or other action taken in the course of assisting the advisory board in a disciplinary proceeding. The attorney general shall represent the expert in any suit resulting from a service provided by the person in good faith to the advisory board.

  68. Tex. Occupations Code Sec. 604.301. IMPOSITION OF PENALTY. The advisory board may impose an administrative penalty on a person who violates this chapter or a rule adopted under this chapter.

  69. Tex. Occupations Code Sec. 604.302. AMOUNT OF PENALTY.

  70. Tex. Occupations Code Sec. 604.303. NOTICE OF VIOLATION AND PENALTY. If, after investigation of a possible violation and the facts surrounding the possible violation, the advisory board determines that a violation occurred, the advisory board shall give written notice of the violation to the person alleged to have committed the violation. The notice must:

  71. Tex. Occupations Code Sec. 604.304. PENALTY TO BE PAID OR HEARING REQUESTED.

  72. Tex. Occupations Code Sec. 604.305. HEARING.

  73. Tex. Occupations Code Sec. 604.306. DECISION BY ADVISORY BOARD.

  74. Tex. Occupations Code Sec. 604.307. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.

  75. Tex. Occupations Code Sec. 604.308. COLLECTION OF PENALTY. If the person does not pay the penalty and enforcement of the penalty is not stayed, the advisory board may refer the matter to the attorney general for collection of the penalty.

  76. Tex. Occupations Code Sec. 604.309. DETERMINATION OF COURT.

  77. Tex. Occupations Code Sec. 604.310. REMITTANCE OF PENALTY AND INTEREST.

  78. Tex. Occupations Code Sec. 604.311. ADMINISTRATIVE PENALTY EXPENSES AND COSTS.

  79. Tex. Occupations Code Sec. 604.312. ADMINISTRATIVE PROCEDURES. A proceeding relating to the assessment of an administrative penalty under this subchapter is subject to Chapter 2001, Government Code.

  80. Tex. Occupations Code Sec. 604.351. GENERAL CRIMINAL PENALTY.

  81. Tex. Occupations Code Sec. 604.352. OTHER CRIMINAL OFFENSES.

Chapter 605

  1. Tex. Occupations Code Sec. 605.001. SHORT TITLE. This chapter may be cited as the Orthotics and Prosthetics Act.

  2. Tex. Occupations Code Sec. 605.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 605.052. ADVISORY BOARD MEMBERSHIP.

  4. Tex. Occupations Code Sec. 605.0521. DUTIES OF ADVISORY BOARD. The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.

  5. Tex. Occupations Code Sec. 605.055. TERMS; VACANCY.

  6. Tex. Occupations Code Sec. 605.056. PRESIDING OFFICER. The presiding officer of the commission, with the commission's approval, shall designate a member of the advisory board to serve as the presiding officer of the advisory board for a term of two years. The presiding officer of the advisory board may vote on any matter before the advisory board.

  7. Tex. Occupations Code Sec. 605.151. GENERAL POWERS AND DUTIES. The executive director shall administer and enforce this chapter.

  8. Tex. Occupations Code Sec. 605.155. EXAMINATIONS. The department must approve any examination required for a license under this chapter. Each examination shall be offered at least once each year.

  9. Tex. Occupations Code Sec. 605.251. LICENSE REQUIRED. A person may not practice, attempt to practice, or offer to practice orthotics or prosthetics, act as an assistant to a person who practices orthotics or prosthetics, or in any way hold the person out as being able to practice orthotics or prosthetics unless the person holds a license under this chapter.

  10. Tex. Occupations Code Sec. 605.2515. ADDITIONAL LICENSE: DEVICE MANUFACTURER. A person licensed to practice orthotics or prosthetics who measures, designs, fabricates, fits, assembles, adjusts, or services an orthosis or a prosthesis under an order from a licensed physician, chiropractor, or podiatrist, or an advanced practice nurse or physician assistant acting under the delegation and supervision of a licensed physician as provided by Subchapter B, Chapter 157, and rules adopted by the Texas Medical Board, for a specific patient is exempt from licensing as a device manufacturer under Subchapter L, Chapter 431, Health and Safety Code. A person licensed to practice orthotics or prosthetics who fabricates or assembles an orthosis or a prosthesis without an order from a licensed physician, chiropractor, or podiatrist, or an advanced practice nurse or physician assistant acting under the delegation and supervision of a licensed physician as provided by Subchapter B, Chapter 157, and rules adopted by the Texas Medical Board, for a specific patient is required to be licensed as a device manufacturer under Subchapter L, Chapter 431, Health and Safety Code.

  11. Tex. Occupations Code Sec. 605.252. LICENSE ELIGIBILITY.

  12. Tex. Occupations Code Sec. 605.254. EXEMPTIONS FROM OR SUBSTITUTES FOR LICENSE REQUIREMENTS.

  13. Tex. Occupations Code Sec. 605.255. ASSISTANT LICENSE.

  14. Tex. Occupations Code Sec. 605.256. ISSUANCE OF LICENSE OR REGISTRATION CERTIFICATE; TERM.

  15. Tex. Occupations Code Sec. 605.257. TEMPORARY LICENSE.

  16. Tex. Occupations Code Sec. 605.258. STUDENT REGISTRATION CERTIFICATE.

  17. Tex. Occupations Code Sec. 605.260. ACCREDITATION OF FACILITIES.

  18. Tex. Occupations Code Sec. 605.301. EXEMPTION FOR LICENSE HOLDERS OF OTHER STATE AGENCIES. This chapter does not restrict a person who holds a license issued by another state agency from performing health care services within the scope of the license holder's applicable licensing act if the license holder:

  19. Tex. Occupations Code Sec. 605.302. EXEMPTION FOR STUDENTS IN ORTHOTICS OR PROSTHETICS. This chapter does not apply to the activities and services of a student in orthotics or prosthetics who is:

  20. Tex. Occupations Code Sec. 605.303. EXEMPTION FOR CERTAIN LICENSE HOLDERS. This chapter does not apply to:

  21. Tex. Occupations Code Sec. 605.304. EXEMPTION FOR PEDORTHISTS.

  22. Tex. Occupations Code Sec. 605.305. EXEMPTION FOR PHARMACISTS. A pharmacist licensed by the Texas State Board of Pharmacy or a person who is working under the direct supervision of a pharmacist may practice orthotics. This chapter does not preclude a pharmacist from being reimbursed by a state-funded program for providing orthotic services.

  23. Tex. Occupations Code Sec. 605.351. USE OF TITLE. A person or an employee, agent, or representative of the person may not use in connection with the person's name or business activities the terms or a combination of the terms or letters described in Section 605.301(2), indicate orally or in writing, directly or by implication, that an orthotic or prosthetic service is provided or supplied, or extend or provide orthotic or prosthetic services unless the person is an orthotist or prosthetist or an assistant to an orthotist or prosthetist licensed under this chapter.

  24. Tex. Occupations Code Sec. 605.352. VIOLATION OF SECTION 102.001. A person licensed under this chapter is considered to have violated this chapter if the person violates Section 102.001.

Chapter 651

  1. Tex. Occupations Code Sec. 651.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 651.002. APPLICATION OF SUNSET ACT. The Texas Funeral Service Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2031.

  3. Tex. Occupations Code Sec. 651.003. CONSTRUCTION WITH OTHER LAW.

  4. Tex. Occupations Code Sec. 651.004. REGULATION OF CREMATORY SERVICES.

  5. Tex. Occupations Code Sec. 651.005. REGULATION OF WILLED BODY PROGRAMS, NON-TRANSPLANT ANATOMICAL DONATION ORGANIZATIONS, AND ANATOMICAL FACILITIES. The commission shall regulate willed body programs, non-transplant anatomical donation organizations, and anatomical facilities as provided by Chapter 691, Health and Safety Code, and in accordance with the powers and duties granted by this chapter to the extent necessary to regulate the programs, organizations, and facilities under that chapter.

  6. Tex. Occupations Code Sec. 651.051. COMMISSION MEMBERSHIP.

  7. Tex. Occupations Code Sec. 651.0511. TRAINING.

  8. Tex. Occupations Code Sec. 651.052. ELIGIBILITY OF PUBLIC MEMBERS.

  9. Tex. Occupations Code Sec. 651.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.

  10. Tex. Occupations Code Sec. 651.054. TERMS; VACANCY.

  11. Tex. Occupations Code Sec. 651.055. GROUNDS FOR REMOVAL.

  12. Tex. Occupations Code Sec. 651.056. REIMBURSEMENT; PER DIEM.

  13. Tex. Occupations Code Sec. 651.057. OFFICERS.

  14. Tex. Occupations Code Sec. 651.058. OFFICE LOCATION. The commission's offices are located in Austin, Texas.

  15. Tex. Occupations Code Sec. 651.059. MEETINGS; NOTICE.

  16. Tex. Occupations Code Sec. 651.060. LEGAL REPRESENTATION.

  17. Tex. Occupations Code Sec. 651.101. EXECUTIVE DIRECTOR; BOND.

  18. Tex. Occupations Code Sec. 651.102. PERSONNEL. The commission may employ inspectors and clerical and technical assistants as the commission determines to be necessary to administer this chapter. The commission shall determine the terms and expenses of its employees.

  19. Tex. Occupations Code Sec. 651.103. INVESTIGATORS. The commission shall employ one or more persons to investigate complaints received by the commission, including consumer interest complaints.

  20. Tex. Occupations Code Sec. 651.104. DIVISION OF RESPONSIBILITIES. The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the executive director and staff of the commission.

  21. Tex. Occupations Code Sec. 651.105. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The commission shall provide to its members and employees, as often as necessary, information regarding their:

  22. Tex. Occupations Code Sec. 651.106. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.

  23. Tex. Occupations Code Sec. 651.107. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT.

  24. Tex. Occupations Code Sec. 651.151. GENERAL POWERS AND DUTIES.

  25. Tex. Occupations Code Sec. 651.152. RULES; PROCEDURES; FORMS. The commission shall adopt rules, establish procedures, and prescribe forms necessary to administer and enforce this chapter and Chapters 714 and 715, Health and Safety Code.

  26. Tex. Occupations Code Sec. 651.1525. EARLY PARTICIPATION IN RULEMAKING PROCESS; GUIDELINES.

  27. Tex. Occupations Code Sec. 651.153. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.

  28. Tex. Occupations Code Sec. 651.154. FEES.

  29. Tex. Occupations Code Sec. 651.155. FEE EXEMPTION FOR MILITARY SERVICE.

  30. Tex. Occupations Code Sec. 651.156. SUBPOENA.

  31. Tex. Occupations Code Sec. 651.157. INSPECTION OF CREMATORY OR FUNERAL ESTABLISHMENT.

  32. Tex. Occupations Code Sec. 651.158. INSPECTION OF CERTAIN FACILITIES.

  33. Tex. Occupations Code Sec. 651.159. MEMORANDUM OF UNDERSTANDING: PREPAID FUNERAL SERVICES.

  34. Tex. Occupations Code Sec. 651.160. MEMORANDUM OF UNDERSTANDING: FUNERAL ESTABLISHMENT REQUIREMENTS.

  35. Tex. Occupations Code Sec. 651.162. ANNUAL REPORT.

  36. Tex. Occupations Code Sec. 651.163. REQUEST FOR ATTORNEY GENERAL'S OPINION. A request for an opinion under Subchapter C, Chapter 402, Government Code, must be approved by the commissioners.

  37. Tex. Occupations Code Sec. 651.164. LICENSE EXPIRATION; TERM.

  38. Tex. Occupations Code Sec. 651.165. RENEWAL OR REINSTATEMENT OF LICENSE.

  39. Tex. Occupations Code Sec. 651.1655. REINSTATEMENT OF SUSPENDED LICENSE. A person whose license has been suspended may renew the license by paying to the commission a renewal fee that is equal to two times the normally required renewal fee in addition to any penalty assessed by the commission.

  40. Tex. Occupations Code Sec. 651.166. USE OF TECHNOLOGY. The commission shall develop and implement a policy requiring the executive director and commission employees to research and propose appropriate technological solutions to improve the commission's ability to perform its functions. The technological solutions must:

  41. Tex. Occupations Code Sec. 651.167. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.

  42. Tex. Occupations Code Sec. 651.201. PUBLIC INTEREST INFORMATION.

  43. Tex. Occupations Code Sec. 651.202. COMPLAINTS.

  44. Tex. Occupations Code Sec. 651.203. RECORD OF COMPLAINTS.

  45. Tex. Occupations Code Sec. 651.2035. CONFIDENTIALITY OF COMPLAINT INFORMATION.

  46. Tex. Occupations Code Sec. 651.204. PUBLIC PARTICIPATION.

  47. Tex. Occupations Code Sec. 651.251. LICENSE REQUIRED.

  48. Tex. Occupations Code Sec. 651.252. LICENSE APPLICATION.

  49. Tex. Occupations Code Sec. 651.253. GENERAL LICENSE REQUIREMENTS.

  50. Tex. Occupations Code Sec. 651.254. LICENSE EXAMINATIONS; RESULTS.

  51. Tex. Occupations Code Sec. 651.255. EXAMINATIONS REQUIRED FOR FUNERAL DIRECTOR'S LICENSE. The commission shall administer or arrange for the administration of:

  52. Tex. Occupations Code Sec. 651.256. EXAMINATIONS REQUIRED FOR EMBALMER'S LICENSE. The commission shall administer or arrange for the administration of:

  53. Tex. Occupations Code Sec. 651.257. FOREIGN STUDENTS; CERTIFICATE OF MERIT.

  54. Tex. Occupations Code Sec. 651.258. LICENSE ISSUANCE. On issuance of a funeral director's license or an embalmer's license under this chapter, a majority of the commission members shall sign the license. The license authorizes the license holder to practice embalming, funeral directing, or both.

  55. Tex. Occupations Code Sec. 651.259. APPLICATION BY OUT-OF-STATE LICENSE HOLDER.

  56. Tex. Occupations Code Sec. 651.260. DUPLICATE LICENSE.

  57. Tex. Occupations Code Sec. 651.261. POSTING OF LICENSE. A license holder shall conspicuously display the holder's license in each place of business at which the license holder practices.

  58. Tex. Occupations Code Sec. 651.264. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER.

  59. Tex. Occupations Code Sec. 651.265. RENEWAL FOR CERTAIN RETIRED APPLICANTS; INACTIVE STATUS.

  60. Tex. Occupations Code Sec. 651.266. CONTINUING EDUCATION. The commission by rule may require continuing education as a condition for license renewal except for a license holder described by Section 651.155 or an applicant for renewal described by Section 651.265. If the commission requires continuing education, the commission shall require completion of a minimum number of hours of ethics training as a required part of that education.

  61. Tex. Occupations Code Sec. 651.267. REISSUANCE OF REVOKED LICENSE.

  62. Tex. Occupations Code Sec. 651.301. PROVISIONAL LICENSE REQUIRED. A person must obtain a provisional license before the person may engage in learning the practice of funeral directing or embalming under the instruction, direction, and personal supervision in this state of a licensed funeral director or embalmer.

  63. Tex. Occupations Code Sec. 651.302. APPLICATION; ISSUANCE OF PROVISIONAL LICENSE.

  64. Tex. Occupations Code Sec. 651.303. PROVISIONAL LICENSE PROGRAM.

  65. Tex. Occupations Code Sec. 651.3035. MORTUARY COLLEGE CREDIT FOR PROVISIONAL LICENSE PROGRAM.

  66. Tex. Occupations Code Sec. 651.304. EMPLOYMENT NOTIFICATION.

  67. Tex. Occupations Code Sec. 651.3045. TERM OF PROVISIONAL LICENSE.

  68. Tex. Occupations Code Sec. 651.305. RENEWAL OR REINSTATEMENT OF PROVISIONAL LICENSE.

  69. Tex. Occupations Code Sec. 651.3055. REAPPLICATION FOR PROVISIONAL LICENSE.

  70. Tex. Occupations Code Sec. 651.306. PERSONAL SUPERVISION. For the purposes of this chapter, personal supervision requires the physical presence of a funeral director or embalmer at the specified place and time a funeral service is provided.

  71. Tex. Occupations Code Sec. 651.351. FUNERAL ESTABLISHMENT LICENSE REQUIREMENTS.

  72. Tex. Occupations Code Sec. 651.352. COMMERCIAL EMBALMERS ESTABLISHMENT LICENSE REQUIREMENTS.

  73. Tex. Occupations Code Sec. 651.354. RENEWAL OF FUNERAL ESTABLISHMENT LICENSE.

  74. Tex. Occupations Code Sec. 651.401. FIRST CALL; REMOVAL OF BODY.

  75. Tex. Occupations Code Sec. 651.402. RELATIONSHIP OF FUNERAL DIRECTOR TO FUNERAL ESTABLISHMENT. A person may act as a funeral director in directly or indirectly providing funeral services for compensation only if the person:

  76. Tex. Occupations Code Sec. 651.403. DESIGNATION OF FUNERAL DIRECTOR IN CHARGE; EFFECT OF VIOLATION.

  77. Tex. Occupations Code Sec. 651.404. CONSUMER BROCHURE. When funeral services are discussed, a funeral director or agent of the funeral establishment shall provide each prospective customer with a copy of the brochure prepared by the commission under Section 651.201. The funeral establishment shall print additional copies of the brochure if the commission is unable to provide the number of brochures needed by the funeral establishment.

  78. Tex. Occupations Code Sec. 651.405. RETAIL PRICE LIST; FUNERAL ESTABLISHMENT.

  79. Tex. Occupations Code Sec. 651.4055. RETAIL PRICE LIST; CREMATORY.

  80. Tex. Occupations Code Sec. 651.406. PURCHASE AGREEMENT; FUNERAL ESTABLISHMENT.

  81. Tex. Occupations Code Sec. 651.4065. PURCHASE AGREEMENT; CREMATORY.

  82. Tex. Occupations Code Sec. 651.407. USE OF BODY BY SCHOOL OF MORTUARY SCIENCE.

  83. Tex. Occupations Code Sec. 651.408. USE OF CEMETERY AND CREMATORY SERVICES. The fact that a funeral director contracts for cemetery or crematory services, including as part of a package arrangement, does not limit the director's liability to the customer for those services.

  84. Tex. Occupations Code Sec. 651.4085. INTERMENT OR ENTOMBMENT.

  85. Tex. Occupations Code Sec. 651.409. NOTICE TO NEXT OF KIN OF DECEASED PEACE OFFICER. A funeral director who prepares a deceased peace officer for burial or other disposition shall make every effort to advise the next of kin of the officer that the next of kin of a person who at the time of death was a peace officer or an honorably retired peace officer who voluntarily terminated employment with a law enforcement agency of this state or a political subdivision of this state is eligible on request to receive a state flag from the Texas Commission on Law Enforcement at no cost to the next of kin.

  86. Tex. Occupations Code Sec. 651.410. AUTHORIZED RELEASE OF INFORMATION. Nothing in this chapter prohibits a funeral director or establishment from releasing information under Chapter 696, Health and Safety Code.

  87. Tex. Occupations Code Sec. 651.451. CERTAIN FRAUDULENT AND DECEPTIVE ACTS. A person violates this chapter if the person:

  88. Tex. Occupations Code Sec. 651.452. LACK OF FITNESS TO PRACTICE. A person violates this chapter if the person is:

  89. Tex. Occupations Code Sec. 651.453. UNETHICAL ADVERTISING. A person violates this chapter if the person uses an advertising statement of a character that misleads or deceives the public or uses, in connection with an advertisement, the name of a person who is falsely represented to be a license holder.

  90. Tex. Occupations Code Sec. 651.454. OTHER UNETHICAL CONDUCT IN SOLICITING CUSTOMERS.

  91. Tex. Occupations Code Sec. 651.455. FALSE OR MISLEADING STATEMENTS REGARDING FUNERAL MERCHANDISE OR FUNERAL, CEMETERY, OR CREMATORY SERVICES.

  92. Tex. Occupations Code Sec. 651.456. UNETHICAL CONDUCT REGARDING CUSTODY OF DEAD HUMAN BODY. A person violates this chapter if the person:

  93. Tex. Occupations Code Sec. 651.457. UNETHICAL CONDUCT REGARDING EMBALMING.

  94. Tex. Occupations Code Sec. 651.458. UNETHICAL CONDUCT BY FUNERAL ESTABLISHMENT. A person violates this chapter if the person makes a distinction in providing funeral information to a customer regardless of any affiliation of the customer or whether the customer has a present need for the services or merchandise.

  95. Tex. Occupations Code Sec. 651.459. OTHER UNETHICAL CONDUCT IN PROVIDING FUNERAL SERVICES.

  96. Tex. Occupations Code Sec. 651.460. PROHIBITED PRACTICES RELATED TO FAILURE TO COMPLY WITH OTHER LEGAL REQUIREMENTS.

  97. Tex. Occupations Code Sec. 651.461. DEFENSE TO VIOLATION. A person licensed under this chapter does not violate this chapter by engaging in conduct regarding funeral arrangements under the direction of a person who:

  98. Tex. Occupations Code Sec. 651.501. GENERAL DISCIPLINARY POWERS OF COMMISSION.

  99. Tex. Occupations Code Sec. 651.5011. CHARGING FUNERAL DIRECTOR IN CHARGE WITH VIOLATION. In determining whether to charge a funeral director in charge with a violation based on conduct for which a licensed employee of the funeral establishment was directly responsible, the commission may consider:

  100. Tex. Occupations Code Sec. 651.502. LICENSE DENIAL; EFFECT OF CRIMINAL CONVICTION.

  101. Tex. Occupations Code Sec. 651.5025. IMMEDIATE LICENSE REVOCATION; EFFECT OF CERTAIN FELONY CONVICTIONS.

  102. Tex. Occupations Code Sec. 651.5026. TEMPORARY LICENSE SUSPENSION OR RESTRICTION; DISCIPLINARY PANEL.

  103. Tex. Occupations Code Sec. 651.503. WARNING; REPORT BY LICENSE HOLDER.

  104. Tex. Occupations Code Sec. 651.504. REPRIMAND. The commission may, after a hearing as provided by Section 651.506 or without a hearing if the person waives a hearing, reprimand a person regulated under this chapter if the commission determines that the person violated this chapter or a rule adopted under this chapter.

  105. Tex. Occupations Code Sec. 651.505. PROBATION.

  106. Tex. Occupations Code Sec. 651.506. DISCIPLINARY PROCEEDINGS; HEARING PROCEEDINGS.

  107. Tex. Occupations Code Sec. 651.5061. WAIVER OF HEARING BY FUNERAL OR CREMATORY ESTABLISHMENT. A funeral or crematory establishment alleged to have violated this chapter or a rule adopted under this chapter may waive the right to a hearing as provided by Section 651.506 by written notification to the commission.

  108. Tex. Occupations Code Sec. 651.507. EFFECT OF MULTIPLE VIOLATIONS.

  109. Tex. Occupations Code Sec. 651.508. ENFORCEMENT OF LAW REGULATING CREMATORIES. For purposes of this subchapter, a person regulated under this chapter that violates Chapter 716, Health and Safety Code, violates this chapter.

  110. Tex. Occupations Code Sec. 651.551. ASSESSMENT OF ADMINISTRATIVE PENALTY.

  111. Tex. Occupations Code Sec. 651.5515. PENALTY GUIDELINES.

  112. Tex. Occupations Code Sec. 651.552. AMOUNT OF PENALTY.

  113. Tex. Occupations Code Sec. 651.553. REPORT AND NOTICE OF VIOLATION AND PENALTY.

  114. Tex. Occupations Code Sec. 651.554. PENALTY TO BE PAID OR HEARING REQUESTED.

  115. Tex. Occupations Code Sec. 651.555. OPTIONS AFTER DECISION: PAY OR APPEAL.

  116. Tex. Occupations Code Sec. 651.556. COLLECTION OF PENALTY. On the commission's request, the attorney general shall bring a civil action to recover an administrative penalty owed under this chapter.

  117. Tex. Occupations Code Sec. 651.557. REMITTANCE OF PENALTY. If, after judicial review, the court determines that a violation did not occur, the court shall order, when the court's judgment becomes final, the release of the bond if the person gave a supersedeas bond. If the person gave a supersedeas bond and the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the reduced amount.

  118. Tex. Occupations Code Sec. 651.558. LICENSE SUSPENSION FOR FAILURE TO COMPLY.

  119. Tex. Occupations Code Sec. 651.559. ENFORCEMENT OF LAW REGULATING CREMATORIES. For purposes of this subchapter, a person regulated under this chapter that violates Chapter 716, Health and Safety Code, violates this chapter.

  120. Tex. Occupations Code Sec. 651.601. INJUNCTION.

  121. Tex. Occupations Code Sec. 651.602. CRIMINAL PENALTY.

  122. Tex. Occupations Code Sec. 651.603. REFUND.

  123. Tex. Occupations Code Sec. 651.651. DEFINITIONS. In this subchapter:

  124. Tex. Occupations Code Sec. 651.652. APPLICABILITY.

  125. Tex. Occupations Code Sec. 651.656. CREMATORY ESTABLISHMENT LICENSE REQUIRED.

  126. Tex. Occupations Code Sec. 651.657. CREMATORY ESTABLISHMENT LICENSE APPLICATION.

  127. Tex. Occupations Code Sec. 651.658. CREMATORY ESTABLISHMENT LICENSE RENEWAL AND ANNUAL REPORT; PENALTY.

Chapter 701

  1. Tex. Occupations Code Sec. 701.001. SHORT TITLE. This chapter may be cited as the Licensed Dietitian Act.

  2. Tex. Occupations Code Sec. 701.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 701.051. DIETITIANS ADVISORY BOARD MEMBERSHIP.

  4. Tex. Occupations Code Sec. 701.0511. DUTIES OF ADVISORY BOARD. The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.

  5. Tex. Occupations Code Sec. 701.054. TERMS; VACANCIES.

  6. Tex. Occupations Code Sec. 701.057. PRESIDING OFFICER. The presiding officer of the commission shall designate a member of the advisory board as the presiding officer of the advisory board to serve for a term of two years. The presiding officer of the advisory board may vote on any matter before the advisory board.

  7. Tex. Occupations Code Sec. 701.058. MEETINGS. The advisory board shall meet at the call of the presiding officer of the commission or the executive director.

  8. Tex. Occupations Code Sec. 701.151. GENERAL POWERS AND DUTIES.

  9. Tex. Occupations Code Sec. 701.251. LICENSE REQUIRED; COMMISSION REGISTRATION.

  10. Tex. Occupations Code Sec. 701.252. LICENSE APPLICATION.

  11. Tex. Occupations Code Sec. 701.253. LICENSE EXAMINATION.

  12. Tex. Occupations Code Sec. 701.254. QUALIFICATIONS FOR EXAMINATION. To qualify for the licensing examination under this chapter, an applicant must:

  13. Tex. Occupations Code Sec. 701.2575. JURISPRUDENCE EXAMINATION.

  14. Tex. Occupations Code Sec. 701.258. QUALIFIED PERSON ENTITLED TO LICENSE. The department shall issue a license as a licensed dietitian to a person qualified for a license under this chapter.

  15. Tex. Occupations Code Sec. 701.301. LICENSE RENEWAL.

  16. Tex. Occupations Code Sec. 701.302. CONTINUING EDUCATION REQUIREMENTS. The commission by rule shall adopt and the department shall monitor and enforce a program for the continuing education of license holders as a condition for license renewal. The rules must:

  17. Tex. Occupations Code Sec. 701.303. CONTINUING EDUCATION IN NUTRITION AND METABOLIC HEALTH.

  18. Tex. Occupations Code Sec. 701.304. GROUNDS FOR REFUSING RENEWAL. The commission or department may refuse to renew the license of a person who fails to:

  19. Tex. Occupations Code Sec. 701.351. DISPLAY OF LICENSE.

  20. Tex. Occupations Code Sec. 701.352. LICENSE HOLDER INFORMATION. A license holder shall keep the department informed of the license holder's current address as provided by commission rule.

  21. Tex. Occupations Code Sec. 701.401. GROUNDS FOR DISCIPLINARY ACTION. The commission or executive director shall refuse to renew a license, revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder for a violation of this chapter, a rule or code of ethics adopted under this chapter, or an order of the commission or executive director.

Chapter 702

  1. Tex. Occupations Code Sec. 702.001. SHORT TITLE. This chapter may be cited as the Health Spa Act.

  2. Tex. Occupations Code Sec. 702.002. PURPOSE AND CONSTRUCTION.

  3. Tex. Occupations Code Sec. 702.003. DEFINITIONS. In this chapter:

  4. Tex. Occupations Code Sec. 702.051. ADMINISTRATIVE AND RULEMAKING AUTHORITY.

  5. Tex. Occupations Code Sec. 702.052. RULES RELATING TO SECURITY CLAIMS AND PROCEEDS. The secretary of state shall adopt rules necessary to:

  6. Tex. Occupations Code Sec. 702.053. REGISTRATION AND RENEWAL FEES. The secretary of state may charge each applicant for a certificate of registration, or renewal of a certificate, a reasonable fee not to exceed $100 to cover the cost of issuance or renewal.

  7. Tex. Occupations Code Sec. 702.101. CERTIFICATE OF REGISTRATION REQUIRED. A person may not operate a health spa or offer for sale, or sell, a membership in a health spa unless the person holds a health spa operator's certificate of registration.

  8. Tex. Occupations Code Sec. 702.102. APPLICATION REQUIREMENTS.

  9. Tex. Occupations Code Sec. 702.103. CERTIFICATE OF REGISTRATION NONTRANSFERABLE; APPLICATION BY NEW OWNER.

  10. Tex. Occupations Code Sec. 702.104. TERM; RENEWAL.

  11. Tex. Occupations Code Sec. 702.105. CERTIFICATE POSTING. A certificate holder shall post a health spa operator's certificate of registration in a conspicuous place at each registered location.

  12. Tex. Occupations Code Sec. 702.106. CHANGE OF INFORMATION. If the information provided in an application for a certificate of registration changes, the certificate holder shall amend the application not later than the 90th day after the date the change occurs.

  13. Tex. Occupations Code Sec. 702.107. SALES TAX PERMIT; PROOF OF REGISTRATION REQUIRED.

  14. Tex. Occupations Code Sec. 702.151. SECURITY REQUIRED.

  15. Tex. Occupations Code Sec. 702.152. SURETY BOND REQUIREMENTS. If a surety bond is filed under Section 702.151, the bond must:

  16. Tex. Occupations Code Sec. 702.153. REQUIREMENTS FOR SECURITY OTHER THAN SURETY BOND. An applicant who posts under Section 702.151 security other than a surety bond is:

  17. Tex. Occupations Code Sec. 702.154. BENEFICIARY OF SECURITY. The security filed or posted by a certificate holder under this subchapter must be payable to the state and held for the benefit of:

  18. Tex. Occupations Code Sec. 702.155. DURATION OF SECURITY. A certificate holder shall maintain the security filed or posted under Section 702.151 in effect until the earlier of:

  19. Tex. Occupations Code Sec. 702.156. NOTICE OF CANCELLATION OF SECURITY. A surety or obligor of security filed or posted under this subchapter shall provide to the secretary of state, not later than the 60th day before the date the security is canceled, written notice of the cancellation.

  20. Tex. Occupations Code Sec. 702.157. LIMIT ON LIABILITY OF SURETY OR OBLIGOR.

  21. Tex. Occupations Code Sec. 702.158. REVIEW OF SECURITY AMOUNT.

  22. Tex. Occupations Code Sec. 702.201. APPLICATION FOR EXEMPTION. A certificate holder may apply for an exemption from the security requirements of Subchapter D by filing with the secretary of state a sworn application for the exemption on a form prescribed by the secretary of state.

  23. Tex. Occupations Code Sec. 702.202. QUALIFICATIONS FOR EXEMPTION. A certificate holder may apply for an exemption under Section 702.201 if:

  24. Tex. Occupations Code Sec. 702.205. ISSUANCE OF EXEMPTION.

  25. Tex. Occupations Code Sec. 702.206. NONTRANSFERABILITY OF EXEMPTION.

  26. Tex. Occupations Code Sec. 702.207. DENIAL AND REVOCATION OF EXEMPTION. After notice and opportunity for hearing, the secretary of state may deny an application for an exemption or permanently revoke a certificate holder's certificate of exemption if the secretary finds that the applicant or certificate holder:

  27. Tex. Occupations Code Sec. 702.251. FILING OF SECURITY CLAIM. A member may file a claim against the security filed or posted under this subchapter by providing to the secretary of state a copy of the contract between the member and certificate holder who filed or posted the security, accompanied by proof of payment made under the contract, if the certificate holder's health spa:

  28. Tex. Occupations Code Sec. 702.252. COMPUTATION OF CLAIM.

  29. Tex. Occupations Code Sec. 702.253. ADJUDICATION ON PRO RATA BASIS. If the total amount of actual financial losses computed under Section 702.252 for all claims filed under Section 702.251 exceeds the amount of available security, the secretary of state shall reduce the amount of each recovery under Section 702.252 on a pro rata basis and shall compute the amount of each recovery by:

  30. Tex. Occupations Code Sec. 702.254. CLAIM BARRED. The secretary of state may not consider a claim filed under Section 702.251 if the claim is received later than the 90th day after the date notice of the closure or relocation is first posted on the secretary of state's Internet website under Section 702.452(c).

  31. Tex. Occupations Code Sec. 702.301. GENERAL REQUIREMENTS.

  32. Tex. Occupations Code Sec. 702.302. DISCLOSURE REQUIREMENTS.

  33. Tex. Occupations Code Sec. 702.303. CONTRACT TERM.

  34. Tex. Occupations Code Sec. 702.304. CANCELLATION AND REFUND NOTICE.

  35. Tex. Occupations Code Sec. 702.305. PREPAYMENT REFUND NOTICE. If a certificate holder offers for sale, or sells, memberships in a health spa before the date the health spa opens, the contract for the health spa must state in at least 10-point type that is boldfaced, capitalized, underlined, or otherwise conspicuously distinguished from surrounding written material:

  36. Tex. Occupations Code Sec. 702.306. FINANCE CHARGE NOTICE. A contract that contains a finance charge as defined by the Truth in Lending Act (15 U.S.C. Section 1601 et seq.) or Regulation Z (12 C.F.R. Part 226) must state in at least 10-point type that is boldfaced, capitalized, underlined, or otherwise conspicuously distinguished from surrounding written material:

  37. Tex. Occupations Code Sec. 702.307. CANCELLATION OF CONTRACT FOR FULL REFUND.

  38. Tex. Occupations Code Sec. 702.308. CANCELLATION OF CONTRACT FOR PARTIAL REFUND.

  39. Tex. Occupations Code Sec. 702.309. PROOF OF PAYMENT. A receipt given to a purchaser by a health spa when the purchaser makes a payment under a contract constitutes proof of the payment.

  40. Tex. Occupations Code Sec. 702.310. EFFECT OF CONTRACT ON THIRD-PARTY RIGHTS. A contract may not require the purchaser to execute a note or series of notes if separate negotiation of the notes cuts off as to third parties a right of action or defense that the purchaser may assert against the seller.

  41. Tex. Occupations Code Sec. 702.311. VOID CONTRACT. A contract is void if:

  42. Tex. Occupations Code Sec. 702.351. MEMBERSHIP PREPAYMENT. A certificate holder may offer for sale, or sell, a membership in a health spa before the date the health spa opens.

  43. Tex. Occupations Code Sec. 702.352. ESCROW DEPOSIT REQUIRED.

  44. Tex. Occupations Code Sec. 702.353. EXEMPTION FROM ESCROW REQUIREMENT.

  45. Tex. Occupations Code Sec. 702.354. DUTY OF FINANCIAL INSTITUTION. A financial institution in which an escrow account is established under Section 702.352 shall hold each prepayment in the account as escrow agent for the benefit of the member who made the prepayments.

  46. Tex. Occupations Code Sec. 702.355. REFUND OF ESCROWED PREPAYMENT.

  47. Tex. Occupations Code Sec. 702.356. WITHDRAWAL OF ESCROW FUNDS. A certificate holder may withdraw prepayments deposited in an escrow account under Section 702.352 if:

  48. Tex. Occupations Code Sec. 702.401. WAIVER PROHIBITED. A person, including a person who buys a health spa membership from a former member, may not waive a provision of this chapter by contract or other means. A purported waiver of this chapter is void.

  49. Tex. Occupations Code Sec. 702.402. PROHIBITED ACTS.

  50. Tex. Occupations Code Sec. 702.403. APPLICATION OF DECEPTIVE TRADE PRACTICES ACT.

  51. Tex. Occupations Code Sec. 702.404. INFORMATION REQUIRED IN ADVERTISEMENT. A health spa operator may not advertise in any print or electronic medium unless the advertisement includes the health spa operator's certificate of registration number or an identification number issued as provided by Section 702.301(b).

  52. Tex. Occupations Code Sec. 702.451. DISCIPLINARY ACTIONS.

  53. Tex. Occupations Code Sec. 702.452. NOTICE REQUIREMENT BEFORE HEALTH SPA CLOSING.

  54. Tex. Occupations Code Sec. 702.501. FILING OF SUIT; VENUE.

  55. Tex. Occupations Code Sec. 702.502. STATUTE OF LIMITATIONS. A member must file a suit under Section 702.501 not later than the later of:

  56. Tex. Occupations Code Sec. 702.503. RECOVERY. In a suit filed under Section 702.501, a court may award:

  57. Tex. Occupations Code Sec. 702.504. TEMPORARY CLOSING. For purposes of this subchapter, the closing of a health spa is not a violation of this chapter if the closing does not exceed one month and:

  58. Tex. Occupations Code Sec. 702.551. INVESTIGATIVE AND ENFORCEMENT AUTHORITY.

  59. Tex. Occupations Code Sec. 702.552. SUIT FOR ENFORCEMENT.

  60. Tex. Occupations Code Sec. 702.553. AMOUNT OF CIVIL PENALTY.

  61. Tex. Occupations Code Sec. 702.554. VIOLATION OF INJUNCTION.

  62. Tex. Occupations Code Sec. 702.555. DEPOSIT IN COUNTY FUND. A civil penalty collected under this subchapter by a district or county attorney shall be deposited to the credit of the general fund of the county.

  63. Tex. Occupations Code Sec. 702.556. CRIMINAL OFFENSE: VIOLATION OF CHAPTER.

  64. Tex. Occupations Code Sec. 702.557. CRIMINAL OFFENSE: INTERFERENCE WITH INVESTIGATION.

  65. Tex. Occupations Code Sec. 702.558. CRIMINAL OFFENSE: NONCOMPLIANCE WITH SUBPOENA OR INVESTIGATIVE DEMAND.

Chapter 801

  1. Tex. Occupations Code Sec. 801.001. SHORT TITLE. This chapter may be cited as the Veterinary Licensing Act.

  2. Tex. Occupations Code Sec. 801.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 801.003. APPLICATION OF SUNSET ACT. The State Board of Veterinary Medical Examiners is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished September 1, 2033.

  4. Tex. Occupations Code Sec. 801.004. APPLICATION OF CHAPTER. This chapter does not apply to:

  5. Tex. Occupations Code Sec. 801.021. DEFINITIONS. In this subchapter:

  6. Tex. Occupations Code Sec. 801.022. TEMPORARY ADMINISTRATION OF CHAPTER BY DEPARTMENT; RULES.

  7. Tex. Occupations Code Sec. 801.023. SEPARATION OF ADMINISTRATIVE FUNCTIONS OF BOARD.

  8. Tex. Occupations Code Sec. 801.024. ADVISORY BOARD.

  9. Tex. Occupations Code Sec. 801.025. CONFLICT WITH OTHER LAW.

  10. Tex. Occupations Code Sec. 801.026. EXPIRATION. This subchapter expires September 1, 2027.

  11. Tex. Occupations Code Sec. 801.051. BOARD; MEMBERSHIP.

  12. Tex. Occupations Code Sec. 801.052. MEMBERSHIP ELIGIBILITY.

  13. Tex. Occupations Code Sec. 801.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.

  14. Tex. Occupations Code Sec. 801.054. TERMS; VACANCY.

  15. Tex. Occupations Code Sec. 801.055. OFFICERS.

  16. Tex. Occupations Code Sec. 801.056. GROUNDS FOR REMOVAL.

  17. Tex. Occupations Code Sec. 801.057. TRAINING.

  18. Tex. Occupations Code Sec. 801.058. PER DIEM; REIMBURSEMENT. A board member is entitled to receive:

  19. Tex. Occupations Code Sec. 801.059. OATH OF OFFICE. Before assuming the duties of office, each board member shall file with the secretary of state a signed copy of the constitutional oath of office taken by the member.

  20. Tex. Occupations Code Sec. 801.101. EXECUTIVE DIRECTOR. The board shall appoint an executive director. The executive director serves at the will of the board.

  21. Tex. Occupations Code Sec. 801.102. EXECUTIVE DIRECTOR POWERS AND DUTIES.

  22. Tex. Occupations Code Sec. 801.103. PERSONNEL. The board may employ personnel to administer this chapter and may prescribe their duties and compensation, subject to the personnel policies and budget approved by the board.

  23. Tex. Occupations Code Sec. 801.104. DIVISION OF RESPONSIBILITIES. The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and the staff of the board.

  24. Tex. Occupations Code Sec. 801.105. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The board shall provide as often as necessary to its members and employees information regarding their:

  25. Tex. Occupations Code Sec. 801.106. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.

  26. Tex. Occupations Code Sec. 801.107. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT.

  27. Tex. Occupations Code Sec. 801.150. GENERAL POWERS AND DUTIES OF BOARD. The board shall:

  28. Tex. Occupations Code Sec. 801.151. RULES.

  29. Tex. Occupations Code Sec. 801.152. EXCEPTIONS TO RULE.

  30. Tex. Occupations Code Sec. 801.153. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.

  31. Tex. Occupations Code Sec. 801.154. FEES. The board by rule shall set fees in amounts that are reasonable and necessary so that the fees, in the aggregate, cover the costs of administering this chapter.

  32. Tex. Occupations Code Sec. 801.155. PAYMENT OF ADMINISTRATIVE COSTS. Costs incurred by the board in administrating this chapter, including the compensation and expenses of board members and employees, may be paid only from fees collected under this chapter.

  33. Tex. Occupations Code Sec. 801.156. DATA; PUBLIC ACCESS.

  34. Tex. Occupations Code Sec. 801.157. PEER ASSISTANCE PROGRAM.

  35. Tex. Occupations Code Sec. 801.158. SUBPOENA.

  36. Tex. Occupations Code Sec. 801.159. BOARD DUTIES REGARDING COMPLAINTS.

  37. Tex. Occupations Code Sec. 801.160. ANNUAL REPORT.

  38. Tex. Occupations Code Sec. 801.161. USE OF TECHNOLOGY.

  39. Tex. Occupations Code Sec. 801.162. ALTERNATIVE RULEMAKING AND DISPUTE RESOLUTION PROCEDURES.

  40. Tex. Occupations Code Sec. 801.163. ADVISORY COMMITTEES.

  41. Tex. Occupations Code Sec. 801.1631. INSPECTIONS AND INVESTIGATIONS.

  42. Tex. Occupations Code Sec. 801.164. RISK-BASED INSPECTIONS.

  43. Tex. Occupations Code Sec. 801.165. REFUND.

  44. Tex. Occupations Code Sec. 801.166. RECIPROCITY AGREEMENTS. The board, with approval of the governor, may enter into an agreement with another state to allow for licensing by reciprocity.

  45. Tex. Occupations Code Sec. 801.201. PUBLIC INTEREST INFORMATION.

  46. Tex. Occupations Code Sec. 801.202. PUBLIC PARTICIPATION.

  47. Tex. Occupations Code Sec. 801.203. COMPLAINTS.

  48. Tex. Occupations Code Sec. 801.204. RECORDS OF COMPLAINTS.

  49. Tex. Occupations Code Sec. 801.205. GENERAL RULES REGARDING COMPLAINT INVESTIGATION AND DISPOSITION. The board shall adopt rules relating to the investigation and disposition of complaints filed with the board. The rules must:

  50. Tex. Occupations Code Sec. 801.2051. PRIORITY OF COMPLAINTS. The board shall assign priorities and investigate complaints based on risk posed to the public by the conduct alleged in the complaint. The board shall prioritize complaints regarding persons engaged in the practice of veterinary medicine without a license.

  51. Tex. Occupations Code Sec. 801.2052. DISMISSAL OF BASELESS OR UNFOUNDED COMPLAINT.

  52. Tex. Occupations Code Sec. 801.2055. COMPLAINTS REQUIRING MEDICAL EXPERTISE.

  53. Tex. Occupations Code Sec. 801.2056. COMPLAINTS NOT REQUIRING MEDICAL EXPERTISE. The board shall adopt rules relating to the evaluation and disposition of complaints not requiring medical expertise.

  54. Tex. Occupations Code Sec. 801.207. CONFIDENTIALITY.

  55. Tex. Occupations Code Sec. 801.208. NOTIFICATION TO COMPLAINANT REGARDING COMPLAINT DISPOSITION.

  56. Tex. Occupations Code Sec. 801.209. REQUIREMENTS FOR CERTAIN COMPLAINTS.

  57. Tex. Occupations Code Sec. 801.251. LICENSE REQUIRED FOR PRACTICE OF VETERINARY MEDICINE. Except as provided by Section 801.004, a person may not practice, or offer or attempt to practice, veterinary medicine unless the person holds a license to practice veterinary medicine issued under this chapter.

  58. Tex. Occupations Code Sec. 801.252. ELIGIBILITY REQUIREMENTS FOR LICENSE TO PRACTICE VETERINARY MEDICINE. The board shall issue a license to practice veterinary medicine to a person who is qualified to be licensed to practice veterinary medicine under this chapter. A person is qualified to be licensed to practice veterinary medicine if:

  59. Tex. Occupations Code Sec. 801.253. LICENSING EXAMINATIONS FOR VETERINARIANS.

  60. Tex. Occupations Code Sec. 801.254. CONTENT AND CONDUCT OF EXAMINATION.

  61. Tex. Occupations Code Sec. 801.255. EXAMINATION RESULTS.

  62. Tex. Occupations Code Sec. 801.2555. EXAMINATION FEE REFUND.

  63. Tex. Occupations Code Sec. 801.256. SPECIAL LICENSE TO PRACTICE VETERINARY MEDICINE.

  64. Tex. Occupations Code Sec. 801.257. PROVISIONAL LICENSE TO PRACTICE VETERINARY MEDICINE.

  65. Tex. Occupations Code Sec. 801.258. TEMPORARY LICENSE TO PRACTICE VETERINARY MEDICINE. The board by rule may provide for the issuance of a temporary license to practice veterinary medicine to an applicant who:

  66. Tex. Occupations Code Sec. 801.259. LICENSED EQUINE DENTAL PROVIDER DESIGNATIONS.

  67. Tex. Occupations Code Sec. 801.260. REQUIREMENTS TO PERFORM EQUINE DENTISTRY. A person may not perform equine dentistry or offer or attempt to act as an equine dental provider unless the person is:

  68. Tex. Occupations Code Sec. 801.261. LICENSED EQUINE DENTAL PROVIDER: APPLICATION, QUALIFICATIONS, AND ISSUANCE.

  69. Tex. Occupations Code Sec. 801.262. SCOPE OF PRACTICE OF LICENSED EQUINE DENTAL PROVIDER.

  70. Tex. Occupations Code Sec. 801.263. LICENSED EQUINE DENTAL PROVIDER RESPONSIBILITY. A licensed equine dental provider shall be held to the same standard of care as a veterinarian when the provider performs the equine dental procedures described in Section 801.262(b).

  71. Tex. Occupations Code Sec. 801.264. JURISPRUDENCE EXAMINATION.

  72. Tex. Occupations Code Sec. 801.265. LICENSED VETERINARY TECHNICIAN: APPLICATION, QUALIFICATIONS, AND ISSUANCE.

  73. Tex. Occupations Code Sec. 801.266. LICENSED VETERINARY TECHNICIAN LICENSE REQUIRED; DISPLAY OF LICENSE.

  74. Tex. Occupations Code Sec. 801.267. CRIMINAL HISTORY RECORD INFORMATION FOR LICENSE ISSUANCE.

  75. Tex. Occupations Code Sec. 801.301. LICENSE TERM AND RENEWAL.

  76. Tex. Occupations Code Sec. 801.302. NOTICE OF LICENSE EXPIRATION. Not later than the 30th day before the expiration date of a person's license, the board shall send written notice of the impending license expiration to the person at the person's last known address according to the board's records.

  77. Tex. Occupations Code Sec. 801.303. PROCEDURE FOR RENEWAL.

  78. Tex. Occupations Code Sec. 801.304. FEE EXEMPTION. A veterinarian is exempt from the fee requirements imposed under Section 801.303 if the veterinarian:

  79. Tex. Occupations Code Sec. 801.305. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER.

  80. Tex. Occupations Code Sec. 801.306. INACTIVE STATUS. The board by rule may provide for the placement of a license holder on inactive status. The rules adopted under this section may not include a limit on the time a license holder may remain on inactive status.

  81. Tex. Occupations Code Sec. 801.307. CONTINUING EDUCATION.

  82. Tex. Occupations Code Sec. 801.308. CONTINUING EDUCATION AUDITS.

  83. Tex. Occupations Code Sec. 801.309. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE RENEWAL.

  84. Tex. Occupations Code Sec. 801.351. EXISTENCE OF VETERINARIAN-CLIENT-PATIENT RELATIONSHIP.

  85. Tex. Occupations Code Sec. 801.352. PROHIBITION AGAINST INTERFERENCE OR INTERVENTION.

  86. Tex. Occupations Code Sec. 801.353. CONFIDENTIALITY; WAIVER.

  87. Tex. Occupations Code Sec. 801.354. AUTHORIZED BUSINESS PRACTICES. It is not a violation of this chapter for a veterinarian, or a business entity authorized under this chapter to render veterinary services, to:

  88. Tex. Occupations Code Sec. 801.3541. LOCATION OF VETERINARY PRACTICE. The premises on which a veterinary practice is located may be owned by a person or other legal entity that does not hold a license to practice veterinary medicine issued under this chapter.

  89. Tex. Occupations Code Sec. 801.355. LEASING SPACE FROM MERCANTILE ESTABLISHMENT.

  90. Tex. Occupations Code Sec. 801.356. EXEMPTIONS FROM REQUIREMENTS RELATED TO MERCANTILE ESTABLISHMENT.

  91. Tex. Occupations Code Sec. 801.357. RESPONSIBILITY OF VETERINARIAN TOWARD ABANDONED ANIMALS.

  92. Tex. Occupations Code Sec. 801.358. LIABILITY OF VETERINARIAN FOR EMERGENCY TREATMENT; EUTHANASIA PRESUMPTION.

  93. Tex. Occupations Code Sec. 801.3581. PRICE TRANSPARENCY FOR EMERGENCY CARE.

  94. Tex. Occupations Code Sec. 801.3585. LIABILITY FOR REPORTING ANIMAL CRUELTY; IMMUNITY. A veterinarian who in good faith and in the normal course of business reports to the appropriate governmental entity a suspected incident of animal cruelty under Section 42.09 or 42.092, Penal Code, is immune from liability in a civil or criminal action brought against the veterinarian for reporting the incident.

  95. Tex. Occupations Code Sec. 801.359. CONTROLLED SUBSTANCES RECORDS.

  96. Tex. Occupations Code Sec. 801.360. DEATH OF VETERINARIAN. On the death of a veterinarian, the veterinarian's practice ownership and patient records become the property of the veterinarian's heirs to dispose of as necessary not later than the second anniversary of the date of the veterinarian's death.

  97. Tex. Occupations Code Sec. 801.361. DISPOSAL OF ANIMAL REMAINS.

  98. Tex. Occupations Code Sec. 801.362. AUTHORITY TO DISPENSE DRUGS PRESCRIBED BY ANOTHER VETERINARIAN IN EMERGENCY.

  99. Tex. Occupations Code Sec. 801.363. DELEGATION AND SUPERVISION OF ANIMAL CARE TASKS.

  100. Tex. Occupations Code Sec. 801.364. SCOPE OF PRACTICE OF LICENSED VETERINARY TECHNICIANS, CERTIFIED VETERINARY ASSISTANTS, AND VETERINARY ASSISTANTS.

  101. Tex. Occupations Code Sec. 801.401. DISCIPLINARY POWERS OF BOARD.

  102. Tex. Occupations Code Sec. 801.4011. DEFERRED ACTION.

  103. Tex. Occupations Code Sec. 801.402. GENERAL GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY ACTION. A person is subject to denial of a license or to disciplinary action under Section 801.401 if the person:

  104. Tex. Occupations Code Sec. 801.403. FAILURE TO REPORT DISEASE. The board may suspend or revoke a license to practice veterinary medicine, place a veterinarian on probation, or reprimand a veterinarian if the veterinarian knowingly fails to report a disease to the Texas Animal Health Commission as required by Section 161.101, Agriculture Code.

  105. Tex. Occupations Code Sec. 801.404. FAILURE TO MAINTAIN RECORDS. The board may suspend or revoke a license to practice veterinary medicine issued under this chapter or place on probation a veterinarian if the veterinarian fails to maintain records as required by Section 801.359.

  106. Tex. Occupations Code Sec. 801.405. MENTAL INCOMPETENCE.

  107. Tex. Occupations Code Sec. 801.406. REINSTATEMENT AFTER CERTAIN FELONY CONVICTIONS.

  108. Tex. Occupations Code Sec. 801.407. RIGHT TO HEARING.

  109. Tex. Occupations Code Sec. 801.408. INFORMAL PROCEEDINGS.

  110. Tex. Occupations Code Sec. 801.409. TEMPORARY LICENSE SUSPENSION.

  111. Tex. Occupations Code Sec. 801.410. VENUE FOR APPEAL. An appeal of an action of the board must be filed in a district court in Travis County.

  112. Tex. Occupations Code Sec. 801.411. SCHEDULE OF SANCTIONS.

  113. Tex. Occupations Code Sec. 801.451. IMPOSITION OF ADMINISTRATIVE PENALTY. The board may impose an administrative penalty on a person, including a corporation, organization, business trust, estate, trust, partnership, association, or other legal entity, who violates this chapter or a rule adopted or order issued under this chapter.

  114. Tex. Occupations Code Sec. 801.452. AMOUNT OF PENALTY.

  115. Tex. Occupations Code Sec. 801.4521. IMPOSITION OF SANCTION. A proceeding under this subchapter imposing an administrative penalty may be combined with a proceeding to impose an administrative sanction. If a sanction is imposed in a proceeding under this subchapter, the requirements of this subchapter apply to the imposition of the sanction.

  116. Tex. Occupations Code Sec. 801.453. COMMITTEE RECOMMENDATIONS.

  117. Tex. Occupations Code Sec. 801.454. PENALTY TO BE PAID OR HEARING REQUESTED.

  118. Tex. Occupations Code Sec. 801.455. HEARING.

  119. Tex. Occupations Code Sec. 801.456. DECISION BY BOARD.

  120. Tex. Occupations Code Sec. 801.457. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.

  121. Tex. Occupations Code Sec. 801.458. COLLECTION OF PENALTY. If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter to the attorney general for collection of the penalty.

  122. Tex. Occupations Code Sec. 801.460. REMITTANCE OF PENALTY AND INTEREST.

  123. Tex. Occupations Code Sec. 801.501. MONITORING LICENSE HOLDER. The board by rule shall develop a system for monitoring a license holder's compliance with the requirements of this chapter. The rules must include procedures to:

  124. Tex. Occupations Code Sec. 801.5011. MONITORING HARMFUL PRESCRIBING AND DISPENSING PATTERNS.

  125. Tex. Occupations Code Sec. 801.502. INJUNCTIVE RELIEF.

  126. Tex. Occupations Code Sec. 801.503. ASSESSMENT OF CIVIL PENALTY AGAINST PERSON NOT LICENSED.

  127. Tex. Occupations Code Sec. 801.504. GENERAL CRIMINAL PENALTY.

  128. Tex. Occupations Code Sec. 801.506. PROHIBITED PRACTICES RELATING TO CERTAIN ENTITIES.

  129. Tex. Occupations Code Sec. 801.507. NONAPPLICABILITY OF DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT. Subchapter E, Chapter 17, Business & Commerce Code, does not apply to a claim against a veterinarian for damages alleged to have resulted from veterinary malpractice or negligence.

  130. Tex. Occupations Code Sec. 801.508. CEASE AND DESIST ORDER. The board or executive director may issue a cease and desist order upon determining that it is necessary to prevent a violation of this chapter, or of a rule adopted or order issued by the board.

  131. Tex. Occupations Code Sec. 801.509. ENFORCEMENT POLICY. The board shall adopt a formal policy to focus enforcement efforts toward investigating complaints.

  132. Tex. Occupations Code Sec. 801.510. ISSUANCE OF EMERGENCY ORDERS.

  133. Tex. Occupations Code Sec. 801.551. EQUINE DENTAL PROVIDER ADVISORY COMMITTEE.

  134. Tex. Occupations Code Sec. 801.552. APPOINTMENT OF ADVISORY COMMITTEE.

  135. Tex. Occupations Code Sec. 801.553. TERMS; VACANCY.

  136. Tex. Occupations Code Sec. 801.554. GROUNDS FOR REMOVAL.

  137. Tex. Occupations Code Sec. 801.555. OFFICERS. The presiding officer of the board shall designate biennially an equine dental provider advisory committee member as the presiding officer of the advisory committee to serve in that capacity at the will of the presiding officer of the board.

  138. Tex. Occupations Code Sec. 801.556. REIMBURSEMENT; COMPENSATION. An equine dental provider advisory committee member is not entitled to reimbursement for travel expenses or compensation.

  139. Tex. Occupations Code Sec. 801.557. MEETINGS.

  140. Tex. Occupations Code Sec. 801.601. REGISTRATION OF VETERINARY MEDICAL FACILITIES REQUIRED.

  141. Tex. Occupations Code Sec. 801.602. REGISTRATION ELIGIBILITY AND APPLICATION.

  142. Tex. Occupations Code Sec. 801.603. STANDARDS FOR OPERATION OF VETERINARY MEDICAL FACILITIES.

  143. Tex. Occupations Code Sec. 801.604. SANCTIONS AND ADMINISTRATIVE PENALTIES. The owner or owners of a business entity that provides services at a veterinary medical facility, or a management services organization that provides services to a veterinary medical facility, shall be subject to administrative penalties, license sanctions, or both, if:

Chapter 802

  1. Tex. Occupations Code Sec. 802.001. SHORT TITLE. This chapter may be cited as the Dog or Cat Breeders Act.

  2. Tex. Occupations Code Sec. 802.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 802.003. APPLICABILITY OF CHAPTER.

  4. Tex. Occupations Code Sec. 802.004. PRESUMPTION OF USE FOR BREEDING. For purposes of this chapter, each adult intact female animal possessed by a person engaged in the business of breeding animals for direct or indirect sale or for exchange in return for consideration is presumed to be used for breeding purposes unless the person establishes to the satisfaction of the department, based on the person's breeding records or other evidence reasonably acceptable to the department, that the animal is not used for breeding.

  5. Tex. Occupations Code Sec. 802.005. EXEMPTION FOR CERTAIN PERSONS WHO BREED SPECIAL PURPOSE DOGS.

  6. Tex. Occupations Code Sec. 802.051. GENERAL POWERS AND DUTIES; RULES.

  7. Tex. Occupations Code Sec. 802.052. FEES. The commission by rule shall establish reasonable and necessary fees in amounts sufficient to cover the costs of administering and enforcing this chapter. In setting the fee for inspecting or licensing a facility, the commission may consider the number of adult intact female animals used for breeding at the facility.

  8. Tex. Occupations Code Sec. 802.053. PERSONNEL. The department may employ personnel necessary to carry out the functions and duties of the department under this chapter.

  9. Tex. Occupations Code Sec. 802.054. EXPENSES. The department may authorize disbursements necessary to implement this chapter, including disbursements for office expenses, equipment costs, and other necessary facilities.

  10. Tex. Occupations Code Sec. 802.055. CRIMINAL BACKGROUND CHECKS. The department shall conduct a criminal background check on each applicant who submits an application for a license under this chapter and on any controlling person of the applicant. The department may, as permitted by law:

  11. Tex. Occupations Code Sec. 802.056. DIRECTORY.

  12. Tex. Occupations Code Sec. 802.057. DISCIPLINARY DATABASE.

  13. Tex. Occupations Code Sec. 802.058. CONSUMER INTEREST INFORMATION.

  14. Tex. Occupations Code Sec. 802.059. DOG OR CAT BREEDER TRAINING AND ENFORCEMENT ACCOUNT.

  15. Tex. Occupations Code Sec. 802.060. REGULATION OF THIRD-PARTY INSPECTORS. The commission by rule shall establish:

  16. Tex. Occupations Code Sec. 802.061. CONTRACTS FOR ENFORCEMENT. The department may contract with a third-party inspector to enforce or assist in the enforcement of this chapter and rules adopted under this chapter, including the performance of inspections and investigations required under this chapter.

  17. Tex. Occupations Code Sec. 802.062. INSPECTIONS.

  18. Tex. Occupations Code Sec. 802.063. INVESTIGATIONS. On receipt of a complaint alleging a violation of this chapter or a rule adopted under this chapter, the department or a third-party inspector designated by the department shall investigate the alleged violation.

  19. Tex. Occupations Code Sec. 802.064. REPORTING ANIMAL CRUELTY. A person conducting an inspection under Section 802.062 or 802.103 or an investigation under Section 802.063 shall notify the appropriate local law enforcement agency not later than 24 hours after discovering evidence of animal cruelty or neglect during the inspection or investigation.

  20. Tex. Occupations Code Sec. 802.065. ADVISORY BOARD.

  21. Tex. Occupations Code Sec. 802.101. LICENSE REQUIRED.

  22. Tex. Occupations Code Sec. 802.102. APPLICATION. An applicant for a license under this chapter must:

  23. Tex. Occupations Code Sec. 802.103. PRELICENSE INSPECTION.

  24. Tex. Occupations Code Sec. 802.104. INITIAL LICENSE. The department shall issue a license to each dog or cat breeder who:

  25. Tex. Occupations Code Sec. 802.105. TERM; NONTRANSFERABILITY. A license issued under this chapter is valid until the first anniversary of the date of issuance and is nontransferable. The department shall include the expiration date on each license issued under this chapter.

  26. Tex. Occupations Code Sec. 802.106. LICENSE RENEWAL.

  27. Tex. Occupations Code Sec. 802.107. LICENSE DENIAL, REVOCATION, AND SUSPENSION.

  28. Tex. Occupations Code Sec. 802.151. DISPLAY OF LICENSE; APPLICABLE LAWS AND RULES; INCLUSION OF LICENSE NUMBER AND DEPARTMENT INFORMATION. A licensed breeder shall:

  29. Tex. Occupations Code Sec. 802.152. CHANGE IN LICENSE INFORMATION. A licensed breeder shall notify the department in a manner prescribed by the department not later than the 10th day after the date any change occurs in the address, name, management, or controlling person of the business or operation.

  30. Tex. Occupations Code Sec. 802.153. ANNUAL INVENTORY.

  31. Tex. Occupations Code Sec. 802.154. ANIMAL RECORDS.

  32. Tex. Occupations Code Sec. 802.201. ADOPTION OF STANDARDS.

  33. Tex. Occupations Code Sec. 802.251. DISCIPLINARY ACTION; ADMINISTRATIVE PENALTY. If a person violates this chapter or a rule adopted under this chapter, the person is subject to any action or penalty under Subchapter F or G, Chapter 51.

Chapter 901

  1. Tex. Occupations Code Sec. 901.001. SHORT TITLE.

  2. Tex. Occupations Code Sec. 901.002. GENERAL DEFINITIONS.

  3. Tex. Occupations Code Sec. 901.0021. MEANING AND IMPLICATION OF REPORT.

  4. Tex. Occupations Code Sec. 901.003. PRACTICE OF PUBLIC ACCOUNTANCY.

  5. Tex. Occupations Code Sec. 901.004. CONSTRUCTION; LIMITATIONS.

  6. Tex. Occupations Code Sec. 901.005. FINDINGS; PUBLIC POLICY; PURPOSE.

  7. Tex. Occupations Code Sec. 901.006. APPLICATION OF SUNSET ACT. The Texas State Board of Public Accountancy is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033.

  8. Tex. Occupations Code Sec. 901.051. BOARD MEMBERSHIP.

  9. Tex. Occupations Code Sec. 901.052. ELIGIBILITY OF PUBLIC MEMBERS. A person is not eligible for appointment as a public member of the board if the person or the person's spouse:

  10. Tex. Occupations Code Sec. 901.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.

  11. Tex. Occupations Code Sec. 901.054. TERMS.

  12. Tex. Occupations Code Sec. 901.055. OFFICERS; EXECUTIVE COMMITTEE.

  13. Tex. Occupations Code Sec. 901.056. GROUNDS FOR REMOVAL.

  14. Tex. Occupations Code Sec. 901.057. PER DIEM; REIMBURSEMENT.

  15. Tex. Occupations Code Sec. 901.058. MEMBER EQUALITY. A board member who is not a certified public accountant has the same authority, responsibility, and duties as any other board member.

  16. Tex. Occupations Code Sec. 901.059. TRAINING.

  17. Tex. Occupations Code Sec. 901.101. EXECUTIVE DIRECTOR AND PERSONNEL. The board shall employ an executive director, independent contractors, and personnel selected by the executive director as necessary to assist the board in performing its duties.

  18. Tex. Occupations Code Sec. 901.102. DIVISION OF RESPONSIBILITIES. The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and the staff of the board.

  19. Tex. Occupations Code Sec. 901.103. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The board shall provide, as often as necessary, to its members and employees information regarding their:

  20. Tex. Occupations Code Sec. 901.104. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.

  21. Tex. Occupations Code Sec. 901.105. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT.

  22. Tex. Occupations Code Sec. 901.151. GENERAL POWERS AND DUTIES OF BOARD.

  23. Tex. Occupations Code Sec. 901.152. ADVISORY COMMITTEES.

  24. Tex. Occupations Code Sec. 901.1525. APPOINTMENT OF BOARD COMMITTEES.

  25. Tex. Occupations Code Sec. 901.153. ENFORCEMENT COMMITTEES.

  26. Tex. Occupations Code Sec. 901.154. FEES.

  27. Tex. Occupations Code Sec. 901.155. SCHOLARSHIP TRUST FUND FOR ACCOUNTING STUDENTS.

  28. Tex. Occupations Code Sec. 901.156. RULES OF PROFESSIONAL CONDUCT. The board shall adopt rules of professional conduct to:

  29. Tex. Occupations Code Sec. 901.1565. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.

  30. Tex. Occupations Code Sec. 901.157. RULES FOR SPECIALIZATION. The board by rule may recognize an area of specialization in the practice of public accountancy if the area of specialization is generally recognized by other bodies that regulate or issue authoritative pronouncements in the field of public accountancy.

  31. Tex. Occupations Code Sec. 901.158. RULES RESTRICTING COMPETITIVE PRACTICES. The board in its rules of professional conduct may regulate the competitive practices of a license holder as necessary to ensure that the license holder does not engage in a competitive practice that:

  32. Tex. Occupations Code Sec. 901.159. PEER REVIEW.

  33. Tex. Occupations Code Sec. 901.160. AVAILABILITY AND CONFIDENTIALITY OF CERTAIN BOARD FILES.

  34. Tex. Occupations Code Sec. 901.161. PRIVILEGE FOR CERTAIN INFORMATION.

  35. Tex. Occupations Code Sec. 901.162. IMMUNITY FROM LIABILITY.

  36. Tex. Occupations Code Sec. 901.164. OUTSIDE LEGAL COUNSEL. The board may not contract with outside legal counsel to provide legal services to the board, including representation of the board in a matter referred to the State Office of Administrative Hearings, unless the contract is approved by the attorney general as provided by Section 402.0212, Government Code, regardless of the source of money to be used to pay the outside counsel.

  37. Tex. Occupations Code Sec. 901.165. RULES FOR ATTEST SERVICES.

  38. Tex. Occupations Code Sec. 901.166. AUTHORITY TO ISSUE SUBPOENA, ADMINISTER OATH, AND RECEIVE EVIDENCE.

  39. Tex. Occupations Code Sec. 901.167. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY.

  40. Tex. Occupations Code Sec. 901.168. TECHNOLOGY POLICY. The board shall develop and implement a policy requiring the executive director and board employees to research and propose appropriate technological solutions to improve the board's ability to perform its functions. The technological solutions must:

  41. Tex. Occupations Code Sec. 901.169. CRIMINAL HISTORY RECORD INFORMATION.

  42. Tex. Occupations Code Sec. 901.201. PUBLIC INTEREST INFORMATION.

  43. Tex. Occupations Code Sec. 901.202. COMPLAINTS. The board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the board for the purpose of directing a complaint to the board. The board may require that notice:

  44. Tex. Occupations Code Sec. 901.203. COMPLAINT INFORMATION.

  45. Tex. Occupations Code Sec. 901.204. PUBLIC PARTICIPATION.

  46. Tex. Occupations Code Sec. 901.251. CERTIFICATE REQUIRED.

  47. Tex. Occupations Code Sec. 901.252. ELIGIBILITY REQUIREMENTS. To be eligible to receive a certificate, a person must:

  48. Tex. Occupations Code Sec. 901.253. BACKGROUND INVESTIGATION.

  49. Tex. Occupations Code Sec. 901.254. EDUCATION REQUIREMENTS. To be eligible to take the uniform CPA examination, an applicant must:

  50. Tex. Occupations Code Sec. 901.256. WORK EXPERIENCE REQUIREMENTS.

  51. Tex. Occupations Code Sec. 901.257. OATH AND CERTIFICATE FEE. Before the board issues a certificate to a person, the person must:

  52. Tex. Occupations Code Sec. 901.258. TRANSFER OF COMPLETE EXAMINATION CREDIT BETWEEN STATES.

  53. Tex. Occupations Code Sec. 901.259. CERTIFICATION BASED ON RECIPROCITY.

  54. Tex. Occupations Code Sec. 901.260. CERTIFICATE BASED ON FOREIGN CREDENTIALS.

  55. Tex. Occupations Code Sec. 901.301. ADMINISTRATION; BOARD RULES.

  56. Tex. Occupations Code Sec. 901.302. APPLICATION OF INTENT.

  57. Tex. Occupations Code Sec. 901.303. FILING FEE. The board by rule may set a filing fee in an amount not to exceed $100 to be paid by an applicant at the time the applicant files an initial application to take the uniform CPA examination.

  58. Tex. Occupations Code Sec. 901.304. EXAMINATION FEE.

  59. Tex. Occupations Code Sec. 901.305. FREQUENCY OF EXAMINATION. A uniform CPA examination shall be administered under this chapter as often as necessary but at least once each year.

  60. Tex. Occupations Code Sec. 901.306. CONTENT AND SECURITY OF EXAMINATION.

  61. Tex. Occupations Code Sec. 901.307. GRADING EXAMINATION.

  62. Tex. Occupations Code Sec. 901.308. EXAMINATION RESULTS.

  63. Tex. Occupations Code Sec. 901.309. REEXAMINATION. A person who fails all or part of an examination may apply for a subsequent examination, subject to the board's satisfaction that the person meets the requirements of this chapter relating to the person's background investigation and education.

  64. Tex. Occupations Code Sec. 901.310. PASSAGE OF EXAMINATION.

  65. Tex. Occupations Code Sec. 901.311. RESTRUCTURE OF EXAMINATION. On the restructuring of the uniform CPA examination, the board by rule shall determine the manner in which credit for a subject is integrated into the new structure.

  66. Tex. Occupations Code Sec. 901.312. TRANSFER OF PARTIAL EXAMINATION CREDIT BETWEEN STATES.

  67. Tex. Occupations Code Sec. 901.351. FIRM LICENSE REQUIRED.

  68. Tex. Occupations Code Sec. 901.352. APPLICATION FOR FIRM LICENSE OR REGISTRATION.

  69. Tex. Occupations Code Sec. 901.353. RESIDENT MANAGER.

  70. Tex. Occupations Code Sec. 901.354. FIRM LICENSE INFORMATION AND ELIGIBILITY.

  71. Tex. Occupations Code Sec. 901.355. REGISTRATION FOR CERTAIN FOREIGN APPLICANTS.

  72. Tex. Occupations Code Sec. 901.401. LICENSE REQUIRED.

  73. Tex. Occupations Code Sec. 901.402. ELIGIBILITY REQUIREMENTS; GENERAL PROHIBITION.

  74. Tex. Occupations Code Sec. 901.403. APPLICATION FOR AND RENEWAL OF LICENSE.

  75. Tex. Occupations Code Sec. 901.404. NOTICE OF LICENSE EXPIRATION.

  76. Tex. Occupations Code Sec. 901.405. PROCEDURE FOR RENEWAL.

  77. Tex. Occupations Code Sec. 901.408. CONSEQUENCE OF FAILURE TO PAY CERTAIN FEES.

  78. Tex. Occupations Code Sec. 901.409. FEE REDUCTION FOR RETIRED PERSONS OR PERSONS WITH DISABILITIES. The board by rule may establish a reduced fee to issue or renew the license of a person who does not engage in the practice of public accountancy because of retirement or permanent disability.

  79. Tex. Occupations Code Sec. 901.411. CONTINUING PROFESSIONAL EDUCATION.

  80. Tex. Occupations Code Sec. 901.451. USE OF TITLE OR ABBREVIATION FOR "CERTIFIED PUBLIC ACCOUNTANT."

  81. Tex. Occupations Code Sec. 901.452. USE OF TITLE OR ABBREVIATION FOR "PUBLIC ACCOUNTANT." A person may not assume or use the title or designation "public accountant" or any other title, designation, word, letter, abbreviation, sign, card, or device tending to indicate that the person is a public accountant, or a firm composed of public accountants, unless:

  82. Tex. Occupations Code Sec. 901.453. USE OF OTHER TITLES OR ABBREVIATIONS.

  83. Tex. Occupations Code Sec. 901.454. TITLE USED BY CERTAIN OUT-OF-STATE OR FOREIGN ACCOUNTANTS.

  84. Tex. Occupations Code Sec. 901.455. NAME REQUIREMENTS AND RESTRICTIONS.

  85. Tex. Occupations Code Sec. 901.456. REPORTS ON FINANCIAL STATEMENTS; USE OF NAME OR SIGNATURE ON CERTAIN DOCUMENTS.

  86. Tex. Occupations Code Sec. 901.457. ACCOUNTANT-CLIENT CONFIDENTIALITY.

  87. Tex. Occupations Code Sec. 901.458. LOSS OF INDEPENDENCE.

  88. Tex. Occupations Code Sec. 901.459. APPLICABILITY OF PARTNERSHIP REQUIREMENTS TO PARTNER. Each partner in a partnership governed by this chapter is subject to the statutory requirements and rules that apply to the partnership.

  89. Tex. Occupations Code Sec. 901.460. PERFORMING ATTEST SERVICES.

  90. Tex. Occupations Code Sec. 901.461. PRACTICE BY CERTAIN OUT-OF-STATE FIRMS.

  91. Tex. Occupations Code Sec. 901.462. PRACTICE BY OUT-OF-STATE PRACTITIONER WITH SUBSTANTIALLY EQUIVALENT QUALIFICATIONS.

  92. Tex. Occupations Code Sec. 901.501. DISCIPLINARY POWERS OF BOARD.

  93. Tex. Occupations Code Sec. 901.502. GROUNDS FOR DISCIPLINARY ACTION. The board may discipline a person under Section 901.501 for:

  94. Tex. Occupations Code Sec. 901.503. BOARD ACTION INVOLVING APPLICANT.

  95. Tex. Occupations Code Sec. 901.504. LICENSE REVOCATION BASED ON VIOLATION OF CHAPTER. After notice and hearing as provided by Section 901.509, the board:

  96. Tex. Occupations Code Sec. 901.5045. EMERGENCY SUSPENSION.

  97. Tex. Occupations Code Sec. 901.505. PROCEDURE PENDING FINAL CONVICTION OF CERTAIN OFFENSES.

  98. Tex. Occupations Code Sec. 901.506. VOLUNTARY SURRENDER OF CERTIFICATE OR FIRM LICENSE.

  99. Tex. Occupations Code Sec. 901.507. REINSTATEMENT. On receipt of a written application, and after notice and hearing, the board may:

  100. Tex. Occupations Code Sec. 901.508. RIGHT TO HEARING.

  101. Tex. Occupations Code Sec. 901.509. NOTICE OF HEARING.

  102. Tex. Occupations Code Sec. 901.510. LEGAL REPRESENTATION AT HEARING. The attorney general or an attorney employed by the board shall represent the board at each hearing under this subchapter.

  103. Tex. Occupations Code Sec. 901.511. DISCIPLINARY ACTION FOR ACT COMMITTED IN ANOTHER STATE.

  104. Tex. Occupations Code Sec. 901.551. IMPOSITION OF ADMINISTRATIVE PENALTY. The board may impose an administrative penalty on a person regulated under this chapter who violates this chapter or a rule or order adopted under this chapter in a manner that constitutes a ground for disciplinary action.

  105. Tex. Occupations Code Sec. 901.552. AMOUNT OF PENALTY.

  106. Tex. Occupations Code Sec. 901.553. REPORT AND NOTICE OF VIOLATION AND PENALTY.

  107. Tex. Occupations Code Sec. 901.554. PENALTY TO BE PAID OR HEARING REQUESTED.

  108. Tex. Occupations Code Sec. 901.555. HEARING.

  109. Tex. Occupations Code Sec. 901.556. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.

  110. Tex. Occupations Code Sec. 901.557. COLLECTION OF PENALTY. If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the board may refer the matter to the attorney general for collection of the penalty.

  111. Tex. Occupations Code Sec. 901.558. REMITTANCE OF PENALTY AND INTEREST.

  112. Tex. Occupations Code Sec. 901.601. CEASE AND DESIST ORDER.

  113. Tex. Occupations Code Sec. 901.6011. INJUNCTIVE RELIEF.

  114. Tex. Occupations Code Sec. 901.6015. RESTITUTION.

  115. Tex. Occupations Code Sec. 901.602. CRIMINAL PENALTY.

  116. Tex. Occupations Code Sec. 901.603. INTERVENTION IN ACTION. Subject to approval by the board, a license holder or a professional organization of certified public accountants may intervene in an action by the board or may bring an action in the name of the license holder or professional organization to enforce any provision of this chapter against a person who does not hold a license or firm license.

  117. Tex. Occupations Code Sec. 901.604. SINGLE ACT AS EVIDENCE OF PRACTICE. In an action brought under this chapter, evidence of a single act prohibited by this chapter is sufficient to justify a penalty, injunction, restraining order, or conviction without evidence of a general course of conduct.

  118. Tex. Occupations Code Sec. 901.605. APPOINTMENT OF SECRETARY OF STATE AS AGENT. A person who is not a resident of this state and who applies for a certificate or firm license is considered to have appointed the secretary of state as the applicant's agent for service of process in any action or proceeding against the applicant arising out of any transaction connected with or incidental to professional accounting services performed by the applicant while the applicant holds a certificate or firm license.

  119. Tex. Occupations Code Sec. 901.606. IMMUNITY FROM LIABILITY.

  120. Tex. Occupations Code Sec. 901.652. PUBLIC PURPOSE. The scholarships required by this subchapter serve a public purpose of the state as described by Section 901.155.

  121. Tex. Occupations Code Sec. 901.653. SCHOLARSHIPS. The board shall establish and administer, using funds collected and appropriated for that purpose and in accordance with this subchapter and board rules, scholarships for accounting students.

  122. Tex. Occupations Code Sec. 901.654. FACTORS.

  123. Tex. Occupations Code Sec. 901.655. RULES.

  124. Tex. Occupations Code Sec. 901.656. SCHOLARSHIP REGULATIONS.

  125. Tex. Occupations Code Sec. 901.658. FUNDING. The board may:

  126. Tex. Occupations Code Sec. 901.659. MINORITY AND DISADVANTAGED STUDENT INTERNSHIPS.

  127. Tex. Occupations Code Sec. 901.660. REPORT ON ACCOUNTANT SCHOLARSHIP PROGRAM.

Chapter 951

  1. Tex. Occupations Code Sec. 951.001. SHORT TITLE. This chapter may be cited as the Prepaid Legal Services Act.

  2. Tex. Occupations Code Sec. 951.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 951.003. APPLICABILITY OF CHAPTER.

  4. Tex. Occupations Code Sec. 951.004. SUPPLEMENTARY BYLAWS; RULES.

  5. Tex. Occupations Code Sec. 951.051. APPROVAL OF PILOT PROGRAM.

  6. Tex. Occupations Code Sec. 951.052. APPLICATION.

  7. Tex. Occupations Code Sec. 951.053. APPLICATION FEE. The board of directors may set a fee, in an amount reasonable and necessary to enforce this chapter, for an organization applying for approval of a prepaid legal services program.

  8. Tex. Occupations Code Sec. 951.054. REVOCATION OF PROGRAM APPROVAL.

Chapter 952

  1. Tex. Occupations Code Sec. 952.001. SHORT TITLE. This chapter may be cited as the Texas Lawyer Referral Service Quality Assurance Act.

  2. Tex. Occupations Code Sec. 952.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 952.003. APPLICABILITY OF CHAPTER. A lawyer referral service does not include:

  4. Tex. Occupations Code Sec. 952.051. RULES; ENFORCEMENT.

  5. Tex. Occupations Code Sec. 952.052. FEES. The state bar may set fees, in amounts that are reasonable and necessary to cover the costs of administering this chapter, for the issuance and renewal of a certificate under this chapter.

  6. Tex. Occupations Code Sec. 952.101. CERTIFICATE REQUIRED. A person may not operate a lawyer referral service in this state unless the person holds a certificate issued under this chapter.

  7. Tex. Occupations Code Sec. 952.102. APPLICATION REQUIREMENTS; RENEWAL.

  8. Tex. Occupations Code Sec. 952.151. NOTICE REQUIREMENT.

  9. Tex. Occupations Code Sec. 952.152. LAWYER PARTICIPATION. A lawyer who is licensed and in good standing in this state and who maintains an office in the geographical area served by a lawyer referral service may receive referrals of potential clients from the service if the lawyer:

  10. Tex. Occupations Code Sec. 952.153. PROOF OF FINANCIAL RESPONSIBILITY. A lawyer referral service may require a member, as a condition of membership, to:

  11. Tex. Occupations Code Sec. 952.154. SUBJECT MATTER AND OTHER PANELS.

  12. Tex. Occupations Code Sec. 952.155. LIMITATIONS ON CLIENT FEES.

  13. Tex. Occupations Code Sec. 952.201. EVALUATION AND COMPLAINT PROCEDURES. A lawyer referral service shall establish policies and procedures to:

  14. Tex. Occupations Code Sec. 952.202. SUSPENSION OR REMOVAL FROM LAWYER REFERRAL SERVICE.

  15. Tex. Occupations Code Sec. 952.203. INJUNCTIVE RELIEF.

Chapter 953

  1. Tex. Occupations Code Sec. 953.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 953.002. EXEMPTIONS. This chapter does not apply to:

  3. Tex. Occupations Code Sec. 953.003. EXEMPTIONS FROM CERTAIN OTHER LAWS. The acts of marketing, selling, offering for sale, issuing, making, proposing to make, and administering a legal service contract that is regulated by this chapter are exempt from the Insurance Code and other laws of this state regulating the business of insurance.

  4. Tex. Occupations Code Sec. 953.151. COMPANY REQUIREMENTS.

  5. Tex. Occupations Code Sec. 953.152. GROUP LEGAL SERVICE CONTRACTS. A company may issue group legal service contracts. The company shall provide a legal service contract holder who obtains a group contract with a document that describes the company's services and complies with the requirements of this chapter.

  6. Tex. Occupations Code Sec. 953.153. CONTRACTING ATTORNEY REQUIREMENTS. A contracting attorney must:

  7. Tex. Occupations Code Sec. 953.154. COMPANY INTERFERENCE WITH ATTORNEY'S DUTIES PROHIBITED. A company may not interfere with the attorney-client relationship or with the contracting attorney's independent exercise of professional judgment.

  8. Tex. Occupations Code Sec. 953.156. FORM OF LEGAL SERVICE CONTRACT AND REQUIRED DISCLOSURES. A legal service contract marketed, sold, offered for sale, administered, or issued in this state must:

  9. Tex. Occupations Code Sec. 953.157. TERMINATING A LEGAL SERVICE CONTRACT. A legal service contract holder may terminate the legal service contract if the legal service contract holder provides the company with written notice of the legal service contract holder's intention of terminating the contract not later than the seventh day after the date the legal service contract holder receives the contract.

  10. Tex. Occupations Code Sec. 953.158. VOIDING A LEGAL SERVICE CONTRACT.

  11. Tex. Occupations Code Sec. 953.159. CANCELING A LEGAL SERVICE CONTRACT.

  12. Tex. Occupations Code Sec. 953.160. LIMITATIONS ON COMPANY NAME.

  13. Tex. Occupations Code Sec. 953.161. MISLEADING STATEMENTS PROHIBITED. A company, a sales representative, or a representative of a sales representative may not, in the company's contracts or marketing:

  14. Tex. Occupations Code Sec. 953.162. APPOINTMENT AND RESPONSIBILITIES OF ADMINISTRATOR. A company may appoint an administrator or designate a person to be responsible for:

  15. Tex. Occupations Code Sec. 953.251. DECEPTIVE TRADE PRACTICE. A violation of this chapter is a deceptive trade practice actionable under Subchapter E, Chapter 17, Business & Commerce Code.

Chapter 954

  1. Tex. Occupations Code Sec. 954.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 954.002. EXCEPTION TO PRACTICE OF LAW. For the purposes of the definition in Section 81.101, Government Code, the "practice of law" does not include engaging in land services if:

Chapter 1001

  1. Tex. Occupations Code Sec. 1001.001. SHORT TITLE. This chapter may be cited as The Texas Engineering Practice Act.

  2. Tex. Occupations Code Sec. 1001.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 1001.003. PRACTICE OF ENGINEERING.

  4. Tex. Occupations Code Sec. 1001.0031. PRACTICES OF ENGINEERING AND ARCHITECTURE.

  5. Tex. Occupations Code Sec. 1001.004. LEGISLATIVE PURPOSE AND INTENT; LIBERAL CONSTRUCTION OF CHAPTER.

  6. Tex. Occupations Code Sec. 1001.005. APPLICATION OF SUNSET ACT. The Texas Board of Professional Engineers and Land Surveyors is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033.

  7. Tex. Occupations Code Sec. 1001.051. LIMITATION ON EXEMPTION. An exemption under this subchapter applies only to a person who does not offer to the public to perform engineering services.

  8. Tex. Occupations Code Sec. 1001.052. EMPLOYEE OF LICENSE HOLDER. A person who is an employee or subordinate of an engineer is exempt from the licensing requirements of this chapter if the person's practice does not include responsible charge of design or supervision.

  9. Tex. Occupations Code Sec. 1001.053. PUBLIC WORKS. The following work is exempt from this chapter:

  10. Tex. Occupations Code Sec. 1001.054. FEDERAL OFFICER OR EMPLOYEE. An officer or employee of the United States is exempt from the licensing requirements of this chapter during the time the officer or employee is engaged in the practice of engineering for the United States in this state.

  11. Tex. Occupations Code Sec. 1001.055. MECHANICAL, ELECTRICAL, OR OTHER EQUIPMENT.

  12. Tex. Occupations Code Sec. 1001.056. CONSTRUCTION OR REPAIR OF AND PLANS FOR CERTAIN BUILDINGS.

  13. Tex. Occupations Code Sec. 1001.057. EMPLOYEE OF PRIVATE CORPORATION OR BUSINESS ENTITY.

  14. Tex. Occupations Code Sec. 1001.058. EMPLOYEE OF CERTAIN UTILITIES OR AFFILIATES.

  15. Tex. Occupations Code Sec. 1001.059. QUALIFIED SCIENTISTS. A qualified scientist engaged in scientific research and investigation of the physical or natural sciences is exempt from the licensing requirements of this chapter. This exemption includes the usual work and activities of a meteorologist, seismologist, geologist, chemist, geochemist, physicist, or geophysicist.

  16. Tex. Occupations Code Sec. 1001.060. SOIL AND WATER CONSERVATION. Agricultural work performed in carrying out soil and water conservation practices is exempt from this chapter.

  17. Tex. Occupations Code Sec. 1001.061. TELEPHONE COMPANIES.

  18. Tex. Occupations Code Sec. 1001.062. CERTAIN EMPLOYEES WORKING FROM ENGINEER'S PLANS.

  19. Tex. Occupations Code Sec. 1001.063. ARCHITECTS, LANDSCAPE ARCHITECTS, AND INTERIOR DESIGNERS. This chapter or a rule adopted under this chapter does not prevent or otherwise restrict a person licensed as an architect under Chapter 1051, a landscape architect under Chapter 1052, or an interior designer under Chapter 1053 from performing an act, service, or work that is within the definition of the person's practice under those chapters.

  20. Tex. Occupations Code Sec. 1001.064. STATE LAND SURVEYORS. A licensed state land surveyor is exempt from the requirements of this chapter regulating the practice of engineering in performing the state land surveyor's duties.

  21. Tex. Occupations Code Sec. 1001.065. EMPLOYEES OF INSTITUTIONS OF HIGHER EDUCATION.

  22. Tex. Occupations Code Sec. 1001.066. CERTAIN NASA-RELATED ACTIVITIES. This chapter does not:

  23. Tex. Occupations Code Sec. 1001.067. CERTAIN FIRE DEPARTMENT EMPLOYEES. This chapter does not prohibit the professional use of the term "fire engineer" by a member of a fire department in a municipality with a population of one million or more that has adopted Chapter 143, Local Government Code, and to which Subchapter G of that chapter does not generally apply, who:

  24. Tex. Occupations Code Sec. 1001.068. CERTAIN OUT-OF-STATE ENGINEERS ENGAGED IN EVALUATING OIL AND GAS RESOURCES.

  25. Tex. Occupations Code Sec. 1001.101. BOARD MEMBERSHIP.

  26. Tex. Occupations Code Sec. 1001.1011. EX OFFICIO MEMBER. The commissioner of the General Land Office or a licensed state land surveyor employee of the General Land Office designated by the commissioner as director of surveying shall serve as an ex officio, nonvoting member of the board.

  27. Tex. Occupations Code Sec. 1001.102. MEMBER ELIGIBILITY.

  28. Tex. Occupations Code Sec. 1001.103. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.

  29. Tex. Occupations Code Sec. 1001.104. TERMS; VACANCY.

  30. Tex. Occupations Code Sec. 1001.105. PARTICIPATION OF PUBLIC MEMBERS.

  31. Tex. Occupations Code Sec. 1001.106. GROUNDS FOR REMOVAL.

  32. Tex. Occupations Code Sec. 1001.107. PER DIEM. Each board member, other than the commissioner of the General Land Office, is entitled to receive a per diem as set by the General Appropriations Act for each day that the member engages in the business of the board.

  33. Tex. Occupations Code Sec. 1001.108. OFFICERS. The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the will of the governor. The board shall elect annually from its members an assistant presiding officer, a treasurer, and a secretary.

  34. Tex. Occupations Code Sec. 1001.110. MEETINGS. The board shall hold at least two regular meetings each year. Special meetings shall be held at the time provided by the board's bylaws.

  35. Tex. Occupations Code Sec. 1001.111. FILING OF OATH. Before assuming the duties of office, each board member shall file with the secretary of state a copy of the constitutional oath of office taken by the member.

  36. Tex. Occupations Code Sec. 1001.112. TRAINING.

  37. Tex. Occupations Code Sec. 1001.151. PERSONNEL.

  38. Tex. Occupations Code Sec. 1001.152. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.

  39. Tex. Occupations Code Sec. 1001.153. DIVISION OF RESPONSIBILITIES. The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and the staff of the board.

  40. Tex. Occupations Code Sec. 1001.154. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The executive director or the executive director's designee shall provide to members of the board and to board employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.

  41. Tex. Occupations Code Sec. 1001.155. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT.

  42. Tex. Occupations Code Sec. 1001.201. GENERAL POWERS AND DUTIES.

  43. Tex. Occupations Code Sec. 1001.202. RULES. The board may adopt and enforce any rule or bylaw necessary to perform its duties, govern its proceedings, and regulate the practice of engineering and land surveying.

  44. Tex. Occupations Code Sec. 1001.203. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.

  45. Tex. Occupations Code Sec. 1001.2035. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION. The board shall adopt rules and guidelines as necessary to comply with Chapter 53.

  46. Tex. Occupations Code Sec. 1001.204. FEES.

  47. Tex. Occupations Code Sec. 1001.205. REDUCED FEES: ELDERLY, DISABLED, INACTIVE STATUS.

  48. Tex. Occupations Code Sec. 1001.207. STANDARDS OF CONDUCT AND ETHICS. The board may establish standards of conduct and ethics for engineers and land surveyors in keeping with the purposes and intent of this chapter and Chapter 1071 and to ensure strict compliance with and enforcement of this chapter and Chapter 1071.

  49. Tex. Occupations Code Sec. 1001.208. ROSTER OF ENGINEERS AND LAND SURVEYORS.

  50. Tex. Occupations Code Sec. 1001.209. REGISTER OF APPLICANTS. The board shall maintain a register of each application for a license or registration under this chapter or Chapter 1071 that shows:

  51. Tex. Occupations Code Sec. 1001.210. CONTINUING EDUCATION PROGRAMS FOR ENGINEERS.

  52. Tex. Occupations Code Sec. 1001.211. RECORDS.

  53. Tex. Occupations Code Sec. 1001.212. CONFIDENTIALITY OF CERTAIN INFORMATION RELATED TO APPLICATION.

  54. Tex. Occupations Code Sec. 1001.213. SUBPOENA.

  55. Tex. Occupations Code Sec. 1001.214. TECHNOLOGY POLICY. The board shall develop and implement a policy requiring the executive director and board employees to research and propose appropriate technological solutions to improve the board's ability to perform its functions. The technological solutions must:

  56. Tex. Occupations Code Sec. 1001.215. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY.

  57. Tex. Occupations Code Sec. 1001.216. ADVISORY COMMITTEES.

  58. Tex. Occupations Code Sec. 1001.251. CONSUMER INTEREST INFORMATION.

  59. Tex. Occupations Code Sec. 1001.252. GENERAL RULES REGARDING COMPLAINT INVESTIGATION AND DISPOSITION.

  60. Tex. Occupations Code Sec. 1001.253. COMPLAINT INFORMATION.

  61. Tex. Occupations Code Sec. 1001.254. STATISTICAL ANALYSIS OF COMPLAINTS.

  62. Tex. Occupations Code Sec. 1001.255. PUBLIC PARTICIPATION. The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.

  63. Tex. Occupations Code Sec. 1001.271. DEFINITION. In this subchapter, "license" means a license, certification, registration, or other authorization that is issued by the board under this chapter or Chapter 1071.

  64. Tex. Occupations Code Sec. 1001.272. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE ISSUANCE.

  65. Tex. Occupations Code Sec. 1001.2721. EXAMINATION DEVELOPMENT AND ADMINISTRATION. Notwithstanding any other law, the board may adopt, recognize, develop, or contract for an examination required by this chapter or Chapter 1071, including the administration of the examination.

  66. Tex. Occupations Code Sec. 1001.273. EXAMINATION RESULTS.

  67. Tex. Occupations Code Sec. 1001.274. REEXAMINATION. The board may permit reexamination of an applicant on payment of an appropriate reexamination fee in an amount set by the board.

  68. Tex. Occupations Code Sec. 1001.275. NOTICE OF LICENSE EXPIRATION. Not later than the 30th day before the date a person's license is scheduled to expire, the board shall send written notice of the impending expiration to the person at the person's last known address according to the records of the board.

  69. Tex. Occupations Code Sec. 1001.276. PROCEDURE FOR RENEWAL.

  70. Tex. Occupations Code Sec. 1001.277. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE RENEWAL.

  71. Tex. Occupations Code Sec. 1001.278. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER.

  72. Tex. Occupations Code Sec. 1001.279. INACTIVE STATUS.

  73. Tex. Occupations Code Sec. 1001.301. LICENSE REQUIRED.

  74. Tex. Occupations Code Sec. 1001.302. LICENSE ELIGIBILITY REQUIREMENTS.

  75. Tex. Occupations Code Sec. 1001.303. APPLICATION FOR LICENSE.

  76. Tex. Occupations Code Sec. 1001.304. EXAMINATION.

  77. Tex. Occupations Code Sec. 1001.305. WAIVER OF EXAMINATION REQUIREMENT. The board by rule may waive all or part of the examination requirement for an applicant for the issuance or reissuance of a license under this chapter. The board may not waive the requirement unless the board first determines that:

  78. Tex. Occupations Code Sec. 1001.308. ISSUANCE OF LICENSE.

  79. Tex. Occupations Code Sec. 1001.309. CERTIFICATION OR ENROLLMENT OF ENGINEERS-IN-TRAINING.

  80. Tex. Occupations Code Sec. 1001.310. TEMPORARY OR PROVISIONAL LICENSE.

  81. Tex. Occupations Code Sec. 1001.311. APPLICATION BY NONRESIDENT.

  82. Tex. Occupations Code Sec. 1001.312. REPLACEMENT LICENSE. The board, subject to board rules, may issue a new license to replace a license issued under this chapter that is lost, destroyed, or mutilated.

  83. Tex. Occupations Code Sec. 1001.351. LICENSE OR REGISTRATION TERM AND RENEWAL.

  84. Tex. Occupations Code Sec. 1001.401. USE OF SEAL.

  85. Tex. Occupations Code Sec. 1001.402. ENFORCEMENT BY CERTAIN PUBLIC OFFICIALS. A public official of the state or of a political subdivision of the state who is responsible for enforcing laws that affect the practice of engineering may accept a plan, specification, or other related document only if the plan, specification, or other document was prepared by an engineer, as evidenced by the engineer's seal.

  86. Tex. Occupations Code Sec. 1001.403. PROFESSIONAL IDENTIFICATION. A person licensed under this chapter shall use the term "Engineer," "Professional Engineer," or "P.E." in the professional use of the person's name on a sign, directory, listing, document, contract, pamphlet, stationery, advertisement, signature, or another similar written or printed form of identification.

  87. Tex. Occupations Code Sec. 1001.404. ELIGIBILITY FOR APPOINTED STATE POSITION. An engineer is eligible to hold any appointive engineering position with the state.

  88. Tex. Occupations Code Sec. 1001.405. PRACTICE BY BUSINESS ENTITY; REGISTRATION.

  89. Tex. Occupations Code Sec. 1001.406. GRADUATE ENGINEERS.

  90. Tex. Occupations Code Sec. 1001.407. CONSTRUCTION OF CERTAIN PUBLIC WORKS. The state or a political subdivision of the state may not construct a public work involving engineering in which the public health, welfare, or safety is involved, unless:

  91. Tex. Occupations Code Sec. 1001.451. DISCIPLINARY POWERS OF BOARD. On a determination that a ground for disciplinary action exists under Section 1001.452, the board may:

  92. Tex. Occupations Code Sec. 1001.452. GROUNDS FOR DISCIPLINARY ACTION. A person is subject to disciplinary action under Section 1001.451 for:

  93. Tex. Occupations Code Sec. 1001.4525. PROBATION.

  94. Tex. Occupations Code Sec. 1001.4526. RESTITUTION.

  95. Tex. Occupations Code Sec. 1001.4527. RECUSAL OF BOARD MEMBER.

  96. Tex. Occupations Code Sec. 1001.4528. EMERGENCY SUSPENSION.

  97. Tex. Occupations Code Sec. 1001.453. REVIEW OF LICENSE HOLDER'S STATUS.

  98. Tex. Occupations Code Sec. 1001.454. RIGHT TO HEARING.

  99. Tex. Occupations Code Sec. 1001.455. APPEAL OF LICENSE REVOCATION. A person whose license has been revoked may file suit to annul or vacate the board's order revoking the license. The person may file the suit in the district court of the county in which:

  100. Tex. Occupations Code Sec. 1001.456. REISSUANCE OF REVOKED LICENSE. The board may reissue a license to a person whose license has been revoked if the board has sufficient reason to reissue the license. At least six board members must vote for reissuance of the license. A new license may be issued in accordance with board rules.

  101. Tex. Occupations Code Sec. 1001.501. IMPOSITION OF ADMINISTRATIVE PENALTY. The board may impose an administrative penalty on a person who violates this chapter or Chapter 1071 or a rule adopted or order issued under this chapter or Chapter 1071.

  102. Tex. Occupations Code Sec. 1001.502. AMOUNT OF ADMINISTRATIVE PENALTY.

  103. Tex. Occupations Code Sec. 1001.503. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.

  104. Tex. Occupations Code Sec. 1001.504. COLLECTION OF PENALTY. If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter to the attorney general for collection.

  105. Tex. Occupations Code Sec. 1001.505. DETERMINATION BY COURT.

  106. Tex. Occupations Code Sec. 1001.506. REMITTANCE OF PENALTY AND INTEREST.

  107. Tex. Occupations Code Sec. 1001.508. ADMINISTRATIVE PROCEDURE.

  108. Tex. Occupations Code Sec. 1001.551. INJUNCTION.

  109. Tex. Occupations Code Sec. 1001.5511. CEASE AND DESIST ORDER. If it appears to the board that a person who is not licensed, certified, or registered under this chapter or Chapter 1071 is violating this chapter or Chapter 1071, a rule adopted under this chapter or Chapter 1071, or another state statute or rule relating to the practice of engineering or land surveying, the board, after notice and opportunity for a hearing, may issue a cease and desist order prohibiting the person from engaging in the activity.

  110. Tex. Occupations Code Sec. 1001.552. CRIMINAL PENALTY.

  111. Tex. Occupations Code Sec. 1001.553. REPORT OF VIOLATION. A public official shall report a violation of this chapter or Chapter 1071 to the proper authorities.

  112. Tex. Occupations Code Sec. 1001.554. PRESENTATION OF COMPLAINTS BY BOARD; ASSISTANCE AT TRIAL.

  113. Tex. Occupations Code Sec. 1001.555. ATTORNEY GENERAL AS LEGAL ADVISOR; REPRESENTATION BY ATTORNEY GENERAL.

  114. Tex. Occupations Code Sec. 1001.556. APPEAL BOND. The board is not required to give an appeal bond in a cause arising under this chapter or Chapter 1071.

  115. Tex. Occupations Code Sec. 1001.601. BOARD ADVISORY OPINIONS.

  116. Tex. Occupations Code Sec. 1001.602. MAINTENANCE OF OPINIONS; SUMMARY. The board shall:

  117. Tex. Occupations Code Sec. 1001.603. ATTORNEY GENERAL'S OPINIONS. The authority of the board to issue an advisory opinion under this subchapter does not affect the authority of the attorney general to issue an opinion as authorized by law.

  118. Tex. Occupations Code Sec. 1001.604. RELIANCE ON ADVISORY OPINION. It is a defense to prosecution or to imposition of a civil penalty that a person reasonably relied on a written advisory opinion of the board relating to:

Chapter 1002

  1. Tex. Occupations Code Sec. 1002.001. SHORT TITLE. This chapter may be cited as the Texas Geoscience Practice Act.

  2. Tex. Occupations Code Sec. 1002.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 1002.003. APPLICATION OF SUNSET ACT. The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033.

  4. Tex. Occupations Code Sec. 1002.004. APPLICATION OF CHAPTER.

  5. Tex. Occupations Code Sec. 1002.051. BOARD MEMBERSHIP.

  6. Tex. Occupations Code Sec. 1002.052. MEMBER ELIGIBILITY.

  7. Tex. Occupations Code Sec. 1002.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.

  8. Tex. Occupations Code Sec. 1002.054. TERMS.

  9. Tex. Occupations Code Sec. 1002.055. GROUNDS FOR REMOVAL.

  10. Tex. Occupations Code Sec. 1002.056. REIMBURSEMENT FOR TRAVEL EXPENSES. A member of the board is entitled to reimbursement for the travel expenses incurred by the member while conducting the business of the board, as provided by the General Appropriations Act.

  11. Tex. Occupations Code Sec. 1002.057. OFFICERS.

  12. Tex. Occupations Code Sec. 1002.058. OFFICE. The board shall maintain its office in Austin.

  13. Tex. Occupations Code Sec. 1002.059. MEETINGS. The board shall hold at least two regular meetings in each calendar year. A special meeting may be held at a time permitted by board rule.

  14. Tex. Occupations Code Sec. 1002.060. TRAINING.

  15. Tex. Occupations Code Sec. 1002.101. EXECUTIVE DIRECTOR. The board shall appoint an executive director, who shall be responsible for managing the day-to-day affairs of the board, including:

  16. Tex. Occupations Code Sec. 1002.102. RECEIPTS AND DISBURSEMENTS. The executive director shall receive, administer, and account for all money received under this chapter and shall transfer the money to the comptroller.

  17. Tex. Occupations Code Sec. 1002.103. DIVISION OF RESPONSIBILITIES. The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and the staff of the board.

  18. Tex. Occupations Code Sec. 1002.104. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The executive director or the executive director's designee shall provide to members of the board and to board employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.

  19. Tex. Occupations Code Sec. 1002.105. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.

  20. Tex. Occupations Code Sec. 1002.106. EQUAL EMPLOYMENT OPPORTUNITY POLICY.

  21. Tex. Occupations Code Sec. 1002.151. GENERAL RULEMAKING AUTHORITY. The board shall adopt and enforce rules consistent with this chapter and necessary for the performance of its duties.

  22. Tex. Occupations Code Sec. 1002.1511. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION.

  23. Tex. Occupations Code Sec. 1002.152. FEES. The board may set reasonable and necessary fees to be charged applicants and license holders under this chapter, including fees for application, examination, licensure, and renewal of a license. The board shall base a fee for examination in a discipline of geoscience on the costs associated with preparing, administering, and grading that examination.

  24. Tex. Occupations Code Sec. 1002.153. CODE OF PROFESSIONAL CONDUCT.

  25. Tex. Occupations Code Sec. 1002.154. ENFORCEMENT; REFERRAL OF COMPLAINTS AND INVESTIGATIONS.

  26. Tex. Occupations Code Sec. 1002.155. RECOGNITION OF USE OF DESIGNATIONS.

  27. Tex. Occupations Code Sec. 1002.156. ESTABLISHMENT OF DISCIPLINES. The board by rule shall establish the disciplines of geoscience in which a person may be licensed and the requirements for eligibility for a license in each discipline.

  28. Tex. Occupations Code Sec. 1002.157. AGREEMENTS TO DEVELOP UNIFORM STANDARDS. The board may enter into agreements with licensing or registration boards in other states and other appropriate organizations, societies, associations, and agencies to develop uniform standards for:

  29. Tex. Occupations Code Sec. 1002.158. AUTHORITY TO INCUR ADMINISTRATIVE EXPENSES. In administering this chapter, the board may:

  30. Tex. Occupations Code Sec. 1002.159. ROSTER OF LICENSE HOLDERS.

  31. Tex. Occupations Code Sec. 1002.160. LIST OF GOVERNMENTAL ENTITIES WITH COMPARABLE REQUIREMENTS AND WITH WHICH RECIPROCITY AGREEMENTS EXIST. The board shall maintain a list of each state or foreign country in which the requirements and qualifications for licensure or registration are comparable to those established in this state and with which a reciprocity agreement exists.

  32. Tex. Occupations Code Sec. 1002.201. PUBLIC INTEREST INFORMATION.

  33. Tex. Occupations Code Sec. 1002.202. COMPLAINTS.

  34. Tex. Occupations Code Sec. 1002.203. RECORDS OF COMPLAINTS.

  35. Tex. Occupations Code Sec. 1002.204. COMPLAINT INVESTIGATION AND DISPOSITION.

  36. Tex. Occupations Code Sec. 1002.205. PUBLIC PARTICIPATION. The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.

  37. Tex. Occupations Code Sec. 1002.206. COMPLAINT EDUCATION.

  38. Tex. Occupations Code Sec. 1002.207. DUTY OF STATE AGENCY TO REPORT POTENTIAL VIOLATION.

  39. Tex. Occupations Code Sec. 1002.251. LICENSE REQUIRED.

  40. Tex. Occupations Code Sec. 1002.252. EXEMPTIONS. The following activities do not require a license under this chapter:

  41. Tex. Occupations Code Sec. 1002.253. LICENSE APPLICATION.

  42. Tex. Occupations Code Sec. 1002.254. EXAMINATIONS.

  43. Tex. Occupations Code Sec. 1002.255. LICENSE ELIGIBILITY.

  44. Tex. Occupations Code Sec. 1002.256. QUALIFYING WORK EXPERIENCE.

  45. Tex. Occupations Code Sec. 1002.257. RECIPROCAL LICENSE.

  46. Tex. Occupations Code Sec. 1002.258. TEMPORARY LICENSE.

  47. Tex. Occupations Code Sec. 1002.259. WAIVER OF REQUIREMENTS.

  48. Tex. Occupations Code Sec. 1002.260. CONFIDENTIALITY OF CERTAIN INFORMATION. A statement made by a person who provides any information compiled by or submitted to the board relating to an applicant is privileged and confidential and may be used only by the board or an employee or agent of the board who is directly involved in the application or licensure process. Confidential information under this section is not subject to discovery, subpoena, or other disclosure in any proceeding.

  49. Tex. Occupations Code Sec. 1002.261. ISSUANCE OF LICENSE.

  50. Tex. Occupations Code Sec. 1002.262. LICENSE DURATION; EXPIRATION.

  51. Tex. Occupations Code Sec. 1002.263. SEAL.

  52. Tex. Occupations Code Sec. 1002.264. REPLACEMENT OF LOST, DESTROYED, OR MUTILATED LICENSE. The board shall issue a new license to replace a license that has been lost, destroyed, or mutilated, subject to the rules and fees adopted by the board.

  53. Tex. Occupations Code Sec. 1002.301. LICENSE RENEWAL.

  54. Tex. Occupations Code Sec. 1002.302. CONTINUING PROFESSIONAL EDUCATION. As a condition for renewal of a license, the board may require each license holder to participate in continuing professional education on a periodic or other basis.

  55. Tex. Occupations Code Sec. 1002.351. PUBLIC PRACTICE OF GEOSCIENCE BY FIRM OR CORPORATION.

  56. Tex. Occupations Code Sec. 1002.352. GEOSCIENTIST IN TRAINING. The board by rule shall establish criteria by which an individual who expresses the intent to become a licensed geoscientist under this chapter may register with the board as a geoscientist in training.

  57. Tex. Occupations Code Sec. 1002.353. ADVISORY OPINIONS.

  58. Tex. Occupations Code Sec. 1002.401. DENIAL OF LICENSE.

  59. Tex. Occupations Code Sec. 1002.402. GROUNDS FOR DISCIPLINARY ACTION. The board may impose appropriate sanctions for:

  60. Tex. Occupations Code Sec. 1002.403. DISCIPLINARY ACTIONS.

  61. Tex. Occupations Code Sec. 1002.404. RIGHT TO HEARING. A person is entitled to a hearing before the board may suspend or revoke the person's license.

  62. Tex. Occupations Code Sec. 1002.405. REINSTATEMENT.

  63. Tex. Occupations Code Sec. 1002.451. IMPOSITION OF PENALTY. The board may impose an administrative penalty against a person licensed under this chapter or any other person who violates this chapter or a rule adopted or order issued under this chapter.

  64. Tex. Occupations Code Sec. 1002.452. AMOUNT OF PENALTY.

  65. Tex. Occupations Code Sec. 1002.453. ADMINISTRATIVE PROCEDURE.

  66. Tex. Occupations Code Sec. 1002.454. OPTIONS FOLLOWING FINAL ORDER: PAY OR APPEAL.

  67. Tex. Occupations Code Sec. 1002.455. COLLECTION OF PENALTY. If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter to the attorney general for collection of the penalty.

  68. Tex. Occupations Code Sec. 1002.456. JUDICIAL REVIEW. The order of the board is subject to judicial review.

  69. Tex. Occupations Code Sec. 1002.457. REMITTANCE OF PENALTY AND INTEREST.

  70. Tex. Occupations Code Sec. 1002.501. INJUNCTION. The board may seek an injunction against a violation of this chapter or a rule adopted under this chapter.

Chapter 1051

  1. Tex. Occupations Code Sec. 1051.001. DEFINITIONS. In this subtitle:

  2. Tex. Occupations Code Sec. 1051.0015. PURPOSE OF REGISTRATION REQUIREMENT. The purpose of Section 1051.701(a) is to:

  3. Tex. Occupations Code Sec. 1051.0016. PRACTICES OF ARCHITECTURE AND ENGINEERING.

  4. Tex. Occupations Code Sec. 1051.002. EFFECT ON MUNICIPALITY. This subtitle does not:

  5. Tex. Occupations Code Sec. 1051.003. APPLICATION OF SUNSET ACT. The Texas Board of Architectural Examiners is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this subtitle expires September 1, 2033.

  6. Tex. Occupations Code Sec. 1051.101. BOARD MEMBERSHIP.

  7. Tex. Occupations Code Sec. 1051.102. ELIGIBILITY OF PUBLIC MEMBERS. A person is not eligible for appointment as a public member of the board if the person or the person's spouse:

  8. Tex. Occupations Code Sec. 1051.103. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.

  9. Tex. Occupations Code Sec. 1051.104. TERMS; VACANCY.

  10. Tex. Occupations Code Sec. 1051.105. GROUNDS FOR REMOVAL.

  11. Tex. Occupations Code Sec. 1051.106. PER DIEM; REIMBURSEMENT.

  12. Tex. Occupations Code Sec. 1051.107. OFFICERS.

  13. Tex. Occupations Code Sec. 1051.108. MEETINGS.

  14. Tex. Occupations Code Sec. 1051.109. OFFICE LOCATION. The board shall maintain an office in Austin.

  15. Tex. Occupations Code Sec. 1051.110. BOARD MEMBER ACTIVITIES. Membership on the board does not prohibit a member from performing any work or providing any service on a state, county, municipal, or other public building or work for a fee or other direct compensation.

  16. Tex. Occupations Code Sec. 1051.111. FILING OF OATH. Before assuming the duties of office, each board member shall file with the secretary of state a copy of the constitutional oath of office taken by the member.

  17. Tex. Occupations Code Sec. 1051.112. TRAINING.

  18. Tex. Occupations Code Sec. 1051.151. EXECUTIVE DIRECTOR; DUTIES REGARDING MONEY.

  19. Tex. Occupations Code Sec. 1051.152. PERSONNEL. The board shall employ clerical and other assistants as necessary to properly perform the board's work.

  20. Tex. Occupations Code Sec. 1051.153. DIVISION OF RESPONSIBILITIES. The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and the staff of the board.

  21. Tex. Occupations Code Sec. 1051.154. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The executive director or the executive director's designee shall provide to members of the board and to agency employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.

  22. Tex. Occupations Code Sec. 1051.155. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.

  23. Tex. Occupations Code Sec. 1051.156. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT.

  24. Tex. Occupations Code Sec. 1051.201. SCOPE OF ADMINISTRATIVE AUTHORITY. The powers granted and duties delegated to the board under this chapter are in addition to the powers granted and duties delegated to the board under Chapters 1052 and 1053.

  25. Tex. Occupations Code Sec. 1051.202. GENERAL RULEMAKING AUTHORITY. The board shall adopt reasonable rules and bylaws and prescribe forms as necessary to administer or enforce this subtitle, including rules regulating the practices of architecture, landscape architecture, and interior design.

  26. Tex. Occupations Code Sec. 1051.203. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.

  27. Tex. Occupations Code Sec. 1051.204. SUBPOENA.

  28. Tex. Occupations Code Sec. 1051.205. PUBLIC RECORDS.

  29. Tex. Occupations Code Sec. 1051.206. BOARD SEAL.

  30. Tex. Occupations Code Sec. 1051.207. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION. The board shall adopt rules as necessary to comply with Chapter 53.

  31. Tex. Occupations Code Sec. 1051.208. STANDARDS OF CONDUCT. The board by rule shall establish standards of conduct for persons regulated under this subtitle.

  32. Tex. Occupations Code Sec. 1051.209. ATTORNEY GENERAL AS LEGAL ADVISOR. The attorney general shall act as legal advisor to the board and shall provide legal assistance to enforce this subtitle. This section does not relieve a local prosecuting attorney of any duty under the law.

  33. Tex. Occupations Code Sec. 1051.210. TECHNOLOGY POLICY. The board shall develop and implement a policy that requires the executive director and board employees to research and propose appropriate technological solutions to improve the board's ability to perform its functions. The technological solutions must:

  34. Tex. Occupations Code Sec. 1051.211. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION.

  35. Tex. Occupations Code Sec. 1051.251. PUBLIC INTEREST INFORMATION; DISPLAY OF CERTIFICATE.

  36. Tex. Occupations Code Sec. 1051.252. COMPLAINTS.

  37. Tex. Occupations Code Sec. 1051.253. COMPLAINT INFORMATION.

  38. Tex. Occupations Code Sec. 1051.254. PUBLIC PARTICIPATION.

  39. Tex. Occupations Code Sec. 1051.301. ADMINISTRATION OF EXAMINATION TO DISABLED APPLICANTS. The board by rule shall ensure that an examination under this subtitle is administered to applicants with disabilities in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) and its subsequent amendments.

  40. Tex. Occupations Code Sec. 1051.302. EXAMINATION FEE. Notwithstanding Section 2113.203, Government Code, the board may delegate the collection of any examination fee prescribed by the board to the person who conducts the examination.

  41. Tex. Occupations Code Sec. 1051.303. REFUND POLICY. The board by rule shall adopt a comprehensive refund policy for applicants who are not able to take an examination under this subtitle after paying the examination fee. The comprehensive refund policy must include:

  42. Tex. Occupations Code Sec. 1051.304. EXAMINATION RESULTS.

  43. Tex. Occupations Code Sec. 1051.3041. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR REGISTRATION.

  44. Tex. Occupations Code Sec. 1051.305. RECIPROCITY.

  45. Tex. Occupations Code Sec. 1051.306. FIRM REGISTRATION. The board by rule may require a firm, partnership, corporation, or association that engages in the practice of architecture, landscape architecture, or interior design to register with the board under this subtitle.

  46. Tex. Occupations Code Sec. 1051.307. ROSTER OF APPLICANTS. The board shall maintain a roster of all persons who apply for a certificate of registration under this subtitle. The roster must include the following information about each applicant:

  47. Tex. Occupations Code Sec. 1051.308. INTERN DEVELOPMENT PROGRAM. The board shall allow a graduate student engineer enrolled in an accredited architectural professional degree program in this state to enroll concurrently in the intern development program required by board rules before an applicant may take the examination under this chapter.

  48. Tex. Occupations Code Sec. 1051.351. ANNUAL RENEWAL REQUIRED.

  49. Tex. Occupations Code Sec. 1051.352. NOTICE OF EXPIRATION. Not later than the 30th day before the date a person's certificate of registration is scheduled to expire, the board shall send written notice of the impending expiration to the person at the person's last known address according to the records of the board.

  50. Tex. Occupations Code Sec. 1051.353. PROCEDURE FOR RENEWAL.

  51. Tex. Occupations Code Sec. 1051.3531. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR RENEWAL.

  52. Tex. Occupations Code Sec. 1051.354. FEE EXEMPTION FOR MILITARY PERSONNEL.

  53. Tex. Occupations Code Sec. 1051.355. INACTIVE STATUS.

  54. Tex. Occupations Code Sec. 1051.356. CONTINUING EDUCATION.

  55. Tex. Occupations Code Sec. 1051.357. EMERITUS STATUS.

  56. Tex. Occupations Code Sec. 1051.401. RIGHT TO HEARING; APPEAL.

  57. Tex. Occupations Code Sec. 1051.402. PUBLICATION OF DISCIPLINARY ORDERS AND SANCTIONS. The board by rule shall provide for the publication of all disciplinary orders and sanctions imposed by the board under this subtitle. A certificate holder may not negotiate with the board to keep the board from publishing the settlement of a disciplinary action.

  58. Tex. Occupations Code Sec. 1051.403. REINSTATEMENT. The board may issue or reinstate a certificate of registration under this section to an applicant who:

  59. Tex. Occupations Code Sec. 1051.451. IMPOSITION OF ADMINISTRATIVE PENALTY.

  60. Tex. Occupations Code Sec. 1051.452. AMOUNT OF ADMINISTRATIVE PENALTY.

  61. Tex. Occupations Code Sec. 1051.453. REPORT AND NOTICE OF VIOLATION AND ADMINISTRATIVE PENALTY.

  62. Tex. Occupations Code Sec. 1051.454. ADMINISTRATIVE PENALTY TO BE PAID OR HEARING REQUESTED.

  63. Tex. Occupations Code Sec. 1051.455. HEARING.

  64. Tex. Occupations Code Sec. 1051.456. NOTICE OF BOARD ORDER. The executive director shall give notice of the board's order to the person on whom the penalty is imposed. The notice must include:

  65. Tex. Occupations Code Sec. 1051.457. OPTIONS FOLLOWING BOARD ORDER: PAY OR APPEAL.

  66. Tex. Occupations Code Sec. 1051.458. COLLECTION OF ADMINISTRATIVE PENALTY. If the person on whom an administrative penalty is imposed does not meet the requirements of Section 1051.457, the board may refer the matter to the attorney general for enforcement.

  67. Tex. Occupations Code Sec. 1051.459. JUDICIAL REVIEW. Judicial review of the order of the board imposing an administrative penalty is under the substantial evidence rule and is instituted by filing a petition with a district court in Travis County, as provided by Subchapter G, Chapter 2001, Government Code.

  68. Tex. Occupations Code Sec. 1051.460. REMITTANCE OF ADMINISTRATIVE PENALTY AND INTEREST.

  69. Tex. Occupations Code Sec. 1051.501. GENERAL ENFORCEMENT AUTHORITY.

  70. Tex. Occupations Code Sec. 1051.502. INJUNCTIVE RELIEF.

  71. Tex. Occupations Code Sec. 1051.503. CUMULATIVE EFFECT OF PROVISIONS. An action or penalty authorized by this subtitle is in addition to any other action or penalty provided by law.

  72. Tex. Occupations Code Sec. 1051.504. CEASE AND DESIST ORDER.

  73. Tex. Occupations Code Sec. 1051.505. RESTITUTION.

  74. Tex. Occupations Code Sec. 1051.551. ENFORCEMENT BY CERTAIN PUBLIC OFFICIALS.

  75. Tex. Occupations Code Sec. 1051.601. ACTIVITIES OF LICENSED ENGINEER.

  76. Tex. Occupations Code Sec. 1051.602. ACTIVITIES OF ARCHITECT OR ENGINEER EMPLOYEE. This chapter does not limit a drafter, clerk of the works, superintendent, or other employee of an architect or engineer from acting under the architect's or engineer's instructions, control, or supervision.

  77. Tex. Occupations Code Sec. 1051.603. LANDSCAPE ARCHITECTURE. This article does not:

  78. Tex. Occupations Code Sec. 1051.604. INTERIOR DESIGN. This article does not:

  79. Tex. Occupations Code Sec. 1051.605. EMPLOYEE OF CERTAIN UTILITIES OR AFFILIATES.

  80. Tex. Occupations Code Sec. 1051.606. ACTIVITIES OF CERTAIN PERSONS NOT REPRESENTED TO BE ARCHITECTS.

  81. Tex. Occupations Code Sec. 1051.607. LIST OF ENGINEERS PERMITTED TO ENGAGE IN PRACTICE OF ARCHITECTURE.

  82. Tex. Occupations Code Sec. 1051.651. FEES.

  83. Tex. Occupations Code Sec. 1051.653. EXAMINATION FEE SCHOLARSHIPS.

  84. Tex. Occupations Code Sec. 1051.654. DESIGN AND APPROVAL OF ARCHITECT'S SEAL.

  85. Tex. Occupations Code Sec. 1051.701. REGISTRATION REQUIRED.

  86. Tex. Occupations Code Sec. 1051.702. USE OF ARCHITECT'S SEAL.

  87. Tex. Occupations Code Sec. 1051.703. CERTAIN PLANS OR SPECIFICATIONS TO BE PREPARED ONLY BY ARCHITECT.

  88. Tex. Occupations Code Sec. 1051.704. EXAMINATION; ISSUANCE OF CERTIFICATE. The board shall:

  89. Tex. Occupations Code Sec. 1051.705. ELIGIBILITY AND APPLICATION FOR EXAMINATION.

  90. Tex. Occupations Code Sec. 1051.751. DISCIPLINARY POWERS OF BOARD.

  91. Tex. Occupations Code Sec. 1051.752. GROUNDS FOR DISCIPLINARY ACTION. A person is subject to disciplinary action under Section 1051.751 for:

  92. Tex. Occupations Code Sec. 1051.801. CRIMINAL PENALTY.

Chapter 1052

  1. Tex. Occupations Code Sec. 1052.003. PRACTICE OF LANDSCAPE ARCHITECTURE.

  2. Tex. Occupations Code Sec. 1052.004. ACTIVITIES OF LANDSCAPE ARCHITECT EMPLOYEE. This chapter does not limit the ability of an employee of a landscape architect to act under the landscape architect's instructions, control, or supervision.

  3. Tex. Occupations Code Sec. 1052.005. ACTIVITIES OF CERTAIN PERSONS NOT REPRESENTED TO BE LANDSCAPE ARCHITECTS.

  4. Tex. Occupations Code Sec. 1052.054. FEES.

  5. Tex. Occupations Code Sec. 1052.056. DESIGN AND APPROVAL OF LANDSCAPE ARCHITECT'S SEAL.

  6. Tex. Occupations Code Sec. 1052.151. REGISTRATION REQUIRED; EXCEPTIONS.

  7. Tex. Occupations Code Sec. 1052.1515. ACCEPTANCE OF ASSIGNMENTS. A landscape architect may not accept an assignment to engage in the practice of landscape architecture unless:

  8. Tex. Occupations Code Sec. 1052.152. USE OF LANDSCAPE ARCHITECT'S SEAL.

  9. Tex. Occupations Code Sec. 1052.153. EXAMINATION.

  10. Tex. Occupations Code Sec. 1052.154. ELIGIBILITY FOR EXAMINATION; APPLICATION.

  11. Tex. Occupations Code Sec. 1052.155. EMERITUS STATUS; LANDSCAPE ARCHITECTS.

  12. Tex. Occupations Code Sec. 1052.251. DISCIPLINARY POWERS OF BOARD.

  13. Tex. Occupations Code Sec. 1052.252. GROUNDS FOR DISCIPLINARY ACTION. A person is subject to disciplinary action under Section 1052.251 for:

Chapter 1053

  1. Tex. Occupations Code Sec. 1053.002. APPLICATION.

  2. Tex. Occupations Code Sec. 1053.003. LIMITATION ON INTERIOR DESIGNERS. Registration under this chapter does not authorize an interior designer to:

  3. Tex. Occupations Code Sec. 1053.052. FEES.

  4. Tex. Occupations Code Sec. 1053.053. GIFTS AND GRANTS.

  5. Tex. Occupations Code Sec. 1053.058. DESIGN AND APPROVAL OF INTERIOR DESIGNER'S SEAL.

  6. Tex. Occupations Code Sec. 1053.151. REGISTRATION REQUIRED. A person other than an interior designer may not represent that the person is a "registered interior designer" by using that title or by using words that imply that the person is a registered interior designer.

  7. Tex. Occupations Code Sec. 1053.152. ELIGIBILITY REQUIREMENTS.

  8. Tex. Occupations Code Sec. 1053.153. APPLICATION FOR CERTIFICATE OF REGISTRATION. Each application for a certificate of registration must:

  9. Tex. Occupations Code Sec. 1053.154. EXAMINATION REQUIRED.

  10. Tex. Occupations Code Sec. 1053.155. APPLICATION FOR ADMISSION TO EXAMINATION.

  11. Tex. Occupations Code Sec. 1053.156. EMERITUS STATUS; INTERIOR DESIGNERS.

  12. Tex. Occupations Code Sec. 1053.159. ISSUANCE OF CERTIFICATE. The board shall issue a certificate of registration to an applicant who presents satisfactory evidence that the applicant complies with all registration requirements under this chapter and under board rules.

  13. Tex. Occupations Code Sec. 1053.160. USE OF INTERIOR DESIGNER'S SEAL.

  14. Tex. Occupations Code Sec. 1053.251. DISCIPLINARY POWERS OF BOARD.

  15. Tex. Occupations Code Sec. 1053.252. GROUNDS FOR DISCIPLINARY ACTION. A person is subject to disciplinary action under Section 1053.251 for:

Chapter 1071

  1. Tex. Occupations Code Sec. 1071.001. SHORT TITLE. This chapter may be cited as the Professional Land Surveying Practices Act.

  2. Tex. Occupations Code Sec. 1071.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 1071.004. APPLICATION OF CHAPTER. This chapter does not require the use of a registered professional land surveyor to establish an easement or a construction estimate that does not involve the monumentation, delineation, or preparation of a metes and bounds description.

  4. Tex. Occupations Code Sec. 1071.251. REGISTRATION, LICENSE, OR CERTIFICATE REQUIRED.

  5. Tex. Occupations Code Sec. 1071.252. APPLICATION REQUIREMENTS.

  6. Tex. Occupations Code Sec. 1071.253. SURVEYOR-IN-TRAINING CERTIFICATE.

  7. Tex. Occupations Code Sec. 1071.254. QUALIFICATIONS FOR REGISTRATION AS REGISTERED PROFESSIONAL LAND SURVEYOR.

  8. Tex. Occupations Code Sec. 1071.255. QUALIFICATIONS FOR LICENSING AS LICENSED STATE LAND SURVEYOR; OATH.

  9. Tex. Occupations Code Sec. 1071.256. EXAMINATION.

  10. Tex. Occupations Code Sec. 1071.259. REGISTRATION OF OUT-OF-STATE SURVEYORS.

  11. Tex. Occupations Code Sec. 1071.260. REGISTRATION NUMBER; FORM OF CERTIFICATE OR LICENSE.

  12. Tex. Occupations Code Sec. 1071.261. DISPLAY OF CERTIFICATE AND LICENSE.

  13. Tex. Occupations Code Sec. 1071.262. REPLACEMENT OF REVOKED, LOST, OR DESTROYED CERTIFICATE OR LICENSE. The board may issue, on payment of a fee set by the board and subject to board rules, a new certificate of registration or license to replace a certificate or license that has been revoked, lost, destroyed, or mutilated.

  14. Tex. Occupations Code Sec. 1071.301. LICENSE TERM AND RENEWAL.

  15. Tex. Occupations Code Sec. 1071.304. NOTICE OF FAILURE TO RENEW STATE LAND SURVEYOR LICENSE. The executive director shall immediately notify the commissioner when the license of a licensed state land surveyor expires due to the person's failure to timely renew the license.

  16. Tex. Occupations Code Sec. 1071.305. CONTINUING PROFESSIONAL EDUCATION.

  17. Tex. Occupations Code Sec. 1071.351. PERFORMANCE OF LAND SURVEYING; OFFICIAL SEAL.

  18. Tex. Occupations Code Sec. 1071.352. SURVEYING BY BUSINESS ENTITY.

  19. Tex. Occupations Code Sec. 1071.353. PRACTICE UNDER ASSUMED NAME. A person engaging in the practice of surveying in this state under any business title other than the real name of one or more persons authorized to engage in public or state land surveying, whether individually or as an association, partnership, or corporation, shall file with the board, in the manner prescribed by the board, a certificate stating the full name and place of residence of each person engaging in the practice and the place, including the street address, city, and zip code, where the practice or business is principally conducted.

  20. Tex. Occupations Code Sec. 1071.354. JURISDICTION OF LICENSED STATE LAND SURVEYORS. A licensed state land surveyor may perform surveys under Section 21.011, Natural Resources Code, and is subject to the commissioner's direction in matters of land surveying in cases that come under the supervision of the commissioner. The jurisdiction of the license holder is coextensive with the limits of the state.

  21. Tex. Occupations Code Sec. 1071.355. LICENSED STATE LAND SURVEYOR AS AGENT OF STATE. A licensed state land surveyor is an agent of this state when acting in that official capacity.

  22. Tex. Occupations Code Sec. 1071.356. RESIGNATION OF LICENSED STATE LAND SURVEYOR.

  23. Tex. Occupations Code Sec. 1071.357. COUNTY SURVEYORS.

  24. Tex. Occupations Code Sec. 1071.358. COURT ORDER FOR LICENSED STATE LAND SURVEYOR TO CROSS LAND.

  25. Tex. Occupations Code Sec. 1071.3585. COURT ORDER FOR REGISTERED PROFESSIONAL LAND SURVEYOR TO CROSS LAND.

  26. Tex. Occupations Code Sec. 1071.359. LICENSED STATE LAND SURVEYOR FIELD NOTES.

  27. Tex. Occupations Code Sec. 1071.360. DISCOVERY OF UNDISCLOSED LAND. A licensed state land surveyor who discovers an undisclosed tract of public land shall:

  28. Tex. Occupations Code Sec. 1071.361. ACCESS TO COUNTY SURVEYOR RECORDS.

  29. Tex. Occupations Code Sec. 1071.401. DISCIPLINARY POWERS OF BOARD.

  30. Tex. Occupations Code Sec. 1071.402. DISCIPLINARY PROCEEDINGS.

  31. Tex. Occupations Code Sec. 1071.403. RIGHT TO HEARING; ADMINISTRATIVE PROCEDURE.

  32. Tex. Occupations Code Sec. 1071.4035. INFORMAL SETTLEMENT CONFERENCE; RESTITUTION.

  33. Tex. Occupations Code Sec. 1071.404. PROBATION.

  34. Tex. Occupations Code Sec. 1071.405. REISSUANCE OF CERTIFICATE OR LICENSE. The board for reasons the board determines sufficient may reissue a certificate of registration or license to a surveyor whose certificate or license has been revoked. At least six board members must vote in favor of reissuing the certificate or license.

  35. Tex. Occupations Code Sec. 1071.503. CIVIL PENALTY.

  36. Tex. Occupations Code Sec. 1071.504. CRIMINAL PENALTY.

Chapter 1101

  1. Tex. Occupations Code Sec. 1101.001. SHORT TITLE. This chapter may be cited as The Real Estate License Act.

  2. Tex. Occupations Code Sec. 1101.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 1101.003. QUALIFYING REAL ESTATE COURSES.

  4. Tex. Occupations Code Sec. 1101.004. REAL ESTATE BROKERAGE.

  5. Tex. Occupations Code Sec. 1101.0045. EQUITABLE INTERESTS IN REAL PROPERTY.

  6. Tex. Occupations Code Sec. 1101.005. APPLICABILITY OF CHAPTER. This chapter does not apply to:

  7. Tex. Occupations Code Sec. 1101.0055. NONAPPLICABILITY OF LAW GOVERNING CANCELLATION OF CERTAIN TRANSACTIONS. A service contract that a license holder enters into for services governed by this chapter is not a good or service governed by Chapter 601, Business & Commerce Code.

  8. Tex. Occupations Code Sec. 1101.006. APPLICATION OF SUNSET ACT. The Texas Real Estate Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter and Chapter 1102 of this code and Chapter 221, Property Code, expire September 1, 2033.

  9. Tex. Occupations Code Sec. 1101.051. COMMISSION MEMBERSHIP.

  10. Tex. Occupations Code Sec. 1101.052. PUBLIC MEMBER ELIGIBILITY. A person is not eligible for appointment as a public member of the commission if the person or the person's spouse:

  11. Tex. Occupations Code Sec. 1101.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.

  12. Tex. Occupations Code Sec. 1101.054. OFFICIAL OATH. Not later than the 15th calendar day after the date of appointment, each appointee must take the constitutional oath of office.

  13. Tex. Occupations Code Sec. 1101.055. TERMS; VACANCY.

  14. Tex. Occupations Code Sec. 1101.056. OFFICERS.

  15. Tex. Occupations Code Sec. 1101.057. GROUNDS FOR REMOVAL.

  16. Tex. Occupations Code Sec. 1101.058. PER DIEM; REIMBURSEMENT.

  17. Tex. Occupations Code Sec. 1101.059. TRAINING.

  18. Tex. Occupations Code Sec. 1101.060. QUASI-JUDICIAL IMMUNITY. A member of the commission is entitled to quasi-judicial immunity from suit for an action that:

  19. Tex. Occupations Code Sec. 1101.061. EDUCATIONAL PRESENTATIONS.

  20. Tex. Occupations Code Sec. 1101.101. EXECUTIVE DIRECTOR AND OTHER PERSONNEL.

  21. Tex. Occupations Code Sec. 1101.102. DIVISION OF RESPONSIBILITIES. The commission shall develop and implement policies that clearly separate the policymaking responsibilities of the commission and the management responsibilities of the executive director and the staff of the commission.

  22. Tex. Occupations Code Sec. 1101.103. CODE OF ETHICS; STANDARDS OF CONDUCT. Each member, officer, employee, and agent of the commission is subject to the code of ethics and standards of conduct imposed by Chapter 572, Government Code.

  23. Tex. Occupations Code Sec. 1101.104. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The commission shall provide, as often as necessary, to its members and employees information regarding their:

  24. Tex. Occupations Code Sec. 1101.105. CAREER DEVELOPMENT PROGRAM; PERFORMANCE EVALUATIONS.

  25. Tex. Occupations Code Sec. 1101.106. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT.

  26. Tex. Occupations Code Sec. 1101.151. GENERAL POWERS AND DUTIES OF COMMISSION.

  27. Tex. Occupations Code Sec. 1101.152. FEES.

  28. Tex. Occupations Code Sec. 1101.154. ADDITIONAL FEE: TEXAS REAL ESTATE RESEARCH CENTER.

  29. Tex. Occupations Code Sec. 1101.155. RULES RELATING TO CONTRACT FORMS.

  30. Tex. Occupations Code Sec. 1101.156. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.

  31. Tex. Occupations Code Sec. 1101.157. SUBPOENA AUTHORITY.

  32. Tex. Occupations Code Sec. 1101.158. ADVISORY COMMITTEES.

  33. Tex. Occupations Code Sec. 1101.159. USE OF TECHNOLOGY. The commission shall implement a policy requiring the commission to use appropriate technological solutions to improve the commission's ability to perform its functions. The policy must ensure that the public is able to interact with the commission on the Internet.

  34. Tex. Occupations Code Sec. 1101.160. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.

  35. Tex. Occupations Code Sec. 1101.161. GIFTS, GRANTS, AND DONATIONS. The commission may solicit and accept a gift, grant, donation, or other item of value from any source to pay for any activity under this chapter, or Chapter 1102, 1103, or 1104 of this code, or Chapter 221, Property Code.

  36. Tex. Occupations Code Sec. 1101.201. PUBLIC INTEREST INFORMATION.

  37. Tex. Occupations Code Sec. 1101.202. COMPLAINTS.

  38. Tex. Occupations Code Sec. 1101.203. COMPLAINT INFORMATION.

  39. Tex. Occupations Code Sec. 1101.204. COMPLAINT INVESTIGATION AND DISPOSITION.

  40. Tex. Occupations Code Sec. 1101.205. COMPLAINT INVESTIGATION OF CERTIFICATE HOLDER. The commission shall investigate a signed complaint received by the commission that relates to an act of a certificate holder or a person required to hold a certificate under Subchapter K. Section 1101.204 applies to an investigation under this section.

  41. Tex. Occupations Code Sec. 1101.2051. CONFIDENTIALITY OF INVESTIGATION MATERIAL.

  42. Tex. Occupations Code Sec. 1101.206. PUBLIC PARTICIPATION.

  43. Tex. Occupations Code Sec. 1101.251. DEFINITION OF COMMITTEE. In this subchapter, "committee" means the Texas Real Estate Broker-Lawyer Committee.

  44. Tex. Occupations Code Sec. 1101.252. COMMITTEE MEMBERSHIP.

  45. Tex. Occupations Code Sec. 1101.253. TERMS; VACANCIES.

  46. Tex. Occupations Code Sec. 1101.254. POWERS AND DUTIES.

  47. Tex. Occupations Code Sec. 1101.301. APPROVAL OF PROGRAMS AND COURSES OF STUDY.

  48. Tex. Occupations Code Sec. 1101.3015. FEE FOR EDUCATIONAL PROGRAM.

  49. Tex. Occupations Code Sec. 1101.302. BOND REQUIRED.

  50. Tex. Occupations Code Sec. 1101.303. APPROVAL OF CONTINUING EDUCATION PROVIDER OR COURSE OF STUDY.

  51. Tex. Occupations Code Sec. 1101.304. EXAMINATION PASSAGE RATE DATA.

  52. Tex. Occupations Code Sec. 1101.305. REVIEW COMMITTEE.

  53. Tex. Occupations Code Sec. 1101.351. LICENSE REQUIRED.

  54. Tex. Occupations Code Sec. 1101.352. LICENSE APPLICATION.

  55. Tex. Occupations Code Sec. 1101.3521. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE.

  56. Tex. Occupations Code Sec. 1101.353. DETERMINATION OF FITNESS.

  57. Tex. Occupations Code Sec. 1101.354. GENERAL ELIGIBILITY REQUIREMENTS. To be eligible to receive a license under this chapter, a person must:

  58. Tex. Occupations Code Sec. 1101.355. ADDITIONAL GENERAL ELIGIBILITY REQUIREMENTS FOR BUSINESS ENTITIES; REGISTRATION OF CERTAIN BUSINESS ENTITIES.

  59. Tex. Occupations Code Sec. 1101.356. BROKER LICENSE: EXPERIENCE AND EDUCATION REQUIREMENTS.

  60. Tex. Occupations Code Sec. 1101.358. SALES AGENT LICENSE: EDUCATION REQUIREMENTS.

  61. Tex. Occupations Code Sec. 1101.359. ALTERNATE EDUCATION REQUIREMENTS FOR CERTAIN LICENSE HOLDERS. An applicant for a broker license who is not subject to the education requirements of Section 1101.356(a)(2) and an applicant for a sales agent license who is not subject to the education requirements of Section 1101.358 or 1101.454 must provide to the commission satisfactory evidence that the applicant has completed the number of classroom hours of continuing education that would have been required for a timely renewal under Section 1101.455 during the two years preceding the date the application is filed.

  62. Tex. Occupations Code Sec. 1101.360. ELIGIBILITY REQUIREMENTS FOR CERTAIN NONRESIDENT APPLICANTS.

  63. Tex. Occupations Code Sec. 1101.362. WAIVER OF LICENSE REQUIREMENTS: PREVIOUS LICENSE HOLDERS. The commission by rule may waive some or all of the requirements for a license under this chapter for an applicant who was licensed under this chapter within the two years preceding the date the application is filed.

  64. Tex. Occupations Code Sec. 1101.363. ISSUANCE OF LICENSE.

  65. Tex. Occupations Code Sec. 1101.364. DENIAL OF LICENSE.

  66. Tex. Occupations Code Sec. 1101.365. PROBATIONARY LICENSE.

  67. Tex. Occupations Code Sec. 1101.366. INACTIVE LICENSE: BROKER.

  68. Tex. Occupations Code Sec. 1101.367. INACTIVE LICENSE: SALES AGENT.

  69. Tex. Occupations Code Sec. 1101.401. EXAMINATION REQUIRED.

  70. Tex. Occupations Code Sec. 1101.402. WAIVER OF EXAMINATION. The commission shall waive the examination requirement for an applicant for a broker or sales agent license if:

  71. Tex. Occupations Code Sec. 1101.403. ADMINISTRATION OF EXAMINATION; TESTING SERVICE.

  72. Tex. Occupations Code Sec. 1101.404. EXAMINATION RESULTS.

  73. Tex. Occupations Code Sec. 1101.405. REEXAMINATION.

  74. Tex. Occupations Code Sec. 1101.451. LICENSE EXPIRATION AND RENEWAL.

  75. Tex. Occupations Code Sec. 1101.452. INFORMATION REQUIRED FOR LICENSE RENEWAL.

  76. Tex. Occupations Code Sec. 1101.4521. CRIMINAL HISTORY RECORD INFORMATION FOR RENEWAL. An applicant for the renewal of an unexpired license must comply with the criminal history record check requirements of Section 1101.3521.

  77. Tex. Occupations Code Sec. 1101.453. ADDITIONAL RENEWAL REQUIREMENTS FOR BUSINESS ENTITIES.

  78. Tex. Occupations Code Sec. 1101.454. SALES AGENT LICENSE RENEWAL.

  79. Tex. Occupations Code Sec. 1101.455. CONTINUING EDUCATION REQUIREMENTS.

  80. Tex. Occupations Code Sec. 1101.456. EXEMPTION FROM CONTINUING EDUCATION REQUIREMENTS FOR CERTAIN BROKERS. Notwithstanding any other provision of this chapter, a broker who, before October 31, 1991, qualified under former Section 7A(f), The Real Estate License Act (Article 6573a, Vernon's Texas Civil Statutes), as added by Section 1.041, Chapter 553, Acts of the 72nd Legislature, Regular Session, 1991, for an exemption from continuing education requirements is not required to comply with the mandatory continuing education requirements of this subchapter to renew the broker's license.

  81. Tex. Occupations Code Sec. 1101.457. DEFERRAL OF CONTINUING EDUCATION REQUIREMENTS.

  82. Tex. Occupations Code Sec. 1101.458. ADDITIONAL EDUCATION REQUIREMENTS FOR CERTAIN LICENSE HOLDERS.

  83. Tex. Occupations Code Sec. 1101.459. DENIAL OF LICENSE RENEWAL.

  84. Tex. Occupations Code Sec. 1101.501. CERTIFICATE REQUIRED. A person may not act as an easement or right-of-way agent unless the person:

  85. Tex. Occupations Code Sec. 1101.502. ELIGIBILITY REQUIREMENTS FOR CERTIFICATE.

  86. Tex. Occupations Code Sec. 1101.503. ISSUANCE OF CERTIFICATE.

  87. Tex. Occupations Code Sec. 1101.504. CERTIFICATE EXPIRATION. The duration, expiration, and renewal of a certificate of registration are subject to the same provisions as are applicable under Section 1101.451 to the duration, expiration, and renewal of a license.

  88. Tex. Occupations Code Sec. 1101.5041. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR CERTIFICATE. An applicant for an original certificate of registration as an easement or right-of-way agent or renewal of a certificate of registration as an easement or right-of-way agent must comply with the criminal history record check requirements of Section 1101.3521.

  89. Tex. Occupations Code Sec. 1101.505. DENIAL OF CERTIFICATE ISSUANCE OR RENEWAL.

  90. Tex. Occupations Code Sec. 1101.506. CHANGE OF ADDRESS. Not later than the 10th day after the date a certificate holder moves its place of business from a previously designated address, the holder shall:

  91. Tex. Occupations Code Sec. 1101.507. DISPLAY OF CERTIFICATE. A certificate holder shall prominently display at all times the holder's certificate of registration in the holder's place of business.

  92. Tex. Occupations Code Sec. 1101.508. PROBATIONARY CERTIFICATE.

  93. Tex. Occupations Code Sec. 1101.509. QUALIFYING AND CONTINUING EDUCATION REQUIREMENTS.

  94. Tex. Occupations Code Sec. 1101.551. DEFINITIONS. In this subchapter:

  95. Tex. Occupations Code Sec. 1101.552. FIXED OFFICE REQUIRED; CHANGE OF ADDRESS.

  96. Tex. Occupations Code Sec. 1101.553. DISPLAY OF LICENSE. A residential rental locator shall prominently display in a place accessible to clients and prospective clients:

  97. Tex. Occupations Code Sec. 1101.554. COPY OF SALES AGENT LICENSE. The commission shall deliver a copy of each sales agent license to the broker that is sponsoring the sales agent.

  98. Tex. Occupations Code Sec. 1101.555. NOTICE TO BUYER REGARDING ABSTRACT OR TITLE POLICY. When an offer to purchase real estate in this state is signed, a license holder shall advise each buyer, in writing, that the buyer should:

  99. Tex. Occupations Code Sec. 1101.556. DISCLOSURE OF CERTAIN INFORMATION RELATING TO OCCUPANTS. Notwithstanding other law, a license holder is not required to inquire about, disclose, or release information relating to whether:

  100. Tex. Occupations Code Sec. 1101.557. ACTING AS AGENT; REGULATION OF CERTAIN TRANSACTIONS.

  101. Tex. Occupations Code Sec. 1101.558. REPRESENTATION DISCLOSURE.

  102. Tex. Occupations Code Sec. 1101.559. BROKER ACTING AS INTERMEDIARY.

  103. Tex. Occupations Code Sec. 1101.560. ASSOCIATED LICENSE HOLDER ACTING AS INTERMEDIARY.

  104. Tex. Occupations Code Sec. 1101.561. DUTIES OF INTERMEDIARY PREVAIL.

  105. Tex. Occupations Code Sec. 1101.562. REAL PROPERTY SHOWINGS WITHOUT REPRESENTATION.

  106. Tex. Occupations Code Sec. 1101.563. WRITTEN AGREEMENT REQUIRED.

  107. Tex. Occupations Code Sec. 1101.601. REAL ESTATE RECOVERY TRUST ACCOUNT.

  108. Tex. Occupations Code Sec. 1101.6011. APPLICABILITY TO BUSINESS ENTITY. For purposes of this subchapter, a claim against a business entity license holder is also a claim against the broker who is the business entity's designated broker.

  109. Tex. Occupations Code Sec. 1101.602. ENTITLEMENT TO REIMBURSEMENT. An aggrieved person is entitled to reimbursement from the trust account if a person described by Section 1101.601 engages in conduct that requires a license or certificate of registration under this chapter and is described by Section 1101.652(a-1)(1) or (b), if the person is a license holder, or Section 1101.653(1), (2), (3), or (4), if the person is a certificate holder.

  110. Tex. Occupations Code Sec. 1101.603. PAYMENTS INTO TRUST ACCOUNT.

  111. Tex. Occupations Code Sec. 1101.604. MANAGEMENT OF TRUST ACCOUNT.

  112. Tex. Occupations Code Sec. 1101.605. DEADLINE FOR ACTION; NOTICE TO COMMISSION.

  113. Tex. Occupations Code Sec. 1101.606. CLAIM FOR PAYMENT FROM TRUST ACCOUNT.

  114. Tex. Occupations Code Sec. 1101.607. ISSUES AT HEARING. At the hearing on the application for payment from the trust account, the aggrieved person must show:

  115. Tex. Occupations Code Sec. 1101.608. COMMISSION RESPONSE.

  116. Tex. Occupations Code Sec. 1101.609. COURT ORDER FOR PAYMENT. The court shall order the commission to pay from the trust account the amount the court finds payable on the claim under this subchapter if at a hearing the court is satisfied:

  117. Tex. Occupations Code Sec. 1101.610. PAYMENT LIMITS; ATTORNEY'S FEES.

  118. Tex. Occupations Code Sec. 1101.611. APPLICATION OF JUDGMENT RECOVERY. An aggrieved person who receives a recovery on a judgment against a single defendant before receiving a payment from the trust account must apply the recovery first to actual damages.

  119. Tex. Occupations Code Sec. 1101.612. SUBROGATION.

  120. Tex. Occupations Code Sec. 1101.613. EFFECT ON DISCIPLINARY PROCEEDINGS.

  121. Tex. Occupations Code Sec. 1101.614. WAIVER OF RIGHTS. An aggrieved person who does not comply with this subchapter waives the person's rights under this subchapter.

  122. Tex. Occupations Code Sec. 1101.615. NOTICE TO CONSUMERS AND SERVICE RECIPIENTS.

  123. Tex. Occupations Code Sec. 1101.651. CERTAIN PRACTICES PROHIBITED.

  124. Tex. Occupations Code Sec. 1101.652. GROUNDS FOR SUSPENSION OR REVOCATION OF LICENSE.

  125. Tex. Occupations Code Sec. 1101.653. GROUNDS FOR SUSPENSION OR REVOCATION OF CERTIFICATE. The commission may suspend or revoke a certificate of registration issued under this chapter if the certificate holder:

  126. Tex. Occupations Code Sec. 1101.654. SUSPENSION OR REVOCATION OF LICENSE OR CERTIFICATE FOR UNAUTHORIZED PRACTICE OF LAW.

  127. Tex. Occupations Code Sec. 1101.655. REVOCATION OF LICENSE OR CERTIFICATE FOR CLAIM ON ACCOUNT.

  128. Tex. Occupations Code Sec. 1101.656. ADDITIONAL DISCIPLINARY AUTHORITY OF COMMISSION.

  129. Tex. Occupations Code Sec. 1101.6561. SUSPENSION OR REVOCATION OF EDUCATIONAL PROGRAM. The commission may suspend or revoke the approval to offer a program or course of study issued under Subchapter G or take any other disciplinary action authorized by this chapter if the provider of an educational program or course of study violates this chapter or a rule adopted under this chapter.

  130. Tex. Occupations Code Sec. 1101.657. HEARING.

  131. Tex. Occupations Code Sec. 1101.658. APPEAL.

  132. Tex. Occupations Code Sec. 1101.659. REFUND.

  133. Tex. Occupations Code Sec. 1101.660. INFORMAL PROCEEDINGS.

  134. Tex. Occupations Code Sec. 1101.661. FINAL ORDER. The commission may issue a final order in a proceeding under this subchapter or Subchapter O regarding a person whose license has expired.

  135. Tex. Occupations Code Sec. 1101.662. TEMPORARY SUSPENSION.

  136. Tex. Occupations Code Sec. 1101.663. REAPPLYING AFTER REVOCATION, SURRENDER, OR DENIAL. A person whose license or registration has been revoked, a person who has surrendered a license or registration issued by the commission, or a person whose application for a license or registration has been denied after a hearing under Section 1101.657 may not apply to the commission for a license or registration before the second anniversary of the date of the revocation, surrender, or denial.

  137. Tex. Occupations Code Sec. 1101.664. FAILURE TO APPEAR; COSTS.

  138. Tex. Occupations Code Sec. 1101.701. IMPOSITION OF ADMINISTRATIVE PENALTY.

  139. Tex. Occupations Code Sec. 1101.7015. DELEGATION OF EXECUTIVE DIRECTOR'S AUTHORITY. The commission may authorize the executive director to delegate to another commission employee the executive director's authority to act under this subchapter.

  140. Tex. Occupations Code Sec. 1101.702. AMOUNT OF PENALTY.

  141. Tex. Occupations Code Sec. 1101.703. NOTICE OF VIOLATION AND PENALTY. If, after investigation of a possible violation and the facts relating to that violation, the executive director determines that a violation has occurred, the executive director may issue a notice of violation stating:

  142. Tex. Occupations Code Sec. 1101.704. PENALTY TO BE PAID OR HEARING REQUESTED.

  143. Tex. Occupations Code Sec. 1101.705. HEARING; DECISION.

  144. Tex. Occupations Code Sec. 1101.706. NOTICE OF ORDER. The executive director shall give notice of the commission's order to the person. The notice must:

  145. Tex. Occupations Code Sec. 1101.707. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.

  146. Tex. Occupations Code Sec. 1101.708. COLLECTION OF PENALTY.

  147. Tex. Occupations Code Sec. 1101.7085. DETERMINATION BY COURT.

  148. Tex. Occupations Code Sec. 1101.709. REMITTANCE OF PENALTY AND INTEREST.

  149. Tex. Occupations Code Sec. 1101.710. ADMINISTRATIVE PROCEDURE. A proceeding under this subchapter is subject to Chapter 2001, Government Code.

  150. Tex. Occupations Code Sec. 1101.751. INJUNCTIVE ACTION BROUGHT BY COMMISSION.

  151. Tex. Occupations Code Sec. 1101.752. ADDITIONAL INJUNCTIVE AUTHORITY.

  152. Tex. Occupations Code Sec. 1101.753. CIVIL PENALTY FOR CERTAIN VIOLATIONS BY BROKER, SALES AGENT, OR CERTIFICATE HOLDER.

  153. Tex. Occupations Code Sec. 1101.754. PRIVATE CAUSE OF ACTION FOR CERTAIN VIOLATIONS BY BROKER, SALES AGENT, OR CERTIFICATE HOLDER.

  154. Tex. Occupations Code Sec. 1101.755. APPEAL BOND EXEMPTION. The commission is not required to give an appeal bond in an action to enforce this chapter.

  155. Tex. Occupations Code Sec. 1101.756. GENERAL CRIMINAL PENALTY.

  156. Tex. Occupations Code Sec. 1101.757. CRIMINAL PENALTY FOR CERTAIN VIOLATIONS BY RESIDENTIAL RENTAL LOCATOR.

  157. Tex. Occupations Code Sec. 1101.758. CRIMINAL PENALTY FOR CERTAIN VIOLATIONS BY BROKER, SALES AGENT, OR CERTIFICATE HOLDER.

  158. Tex. Occupations Code Sec. 1101.759. CEASE AND DESIST ORDER.

  159. Tex. Occupations Code Sec. 1101.801. EFFECT OF DISCIPLINARY ACTION ON LIABILITY. Disciplinary action taken against a person under Section 1101.652 does not relieve the person from civil or criminal liability.

  160. Tex. Occupations Code Sec. 1101.802. LIABILITY RELATING TO HIV INFECTION OR AIDS. Notwithstanding Section 1101.801, a person is not civilly or criminally liable because the person failed to inquire about, make a disclosure relating to, or release information relating to whether a previous or current occupant of real property had, may have had, has, or may have AIDS, an HIV-related illness, or HIV infection as defined by the Centers for Disease Control and Prevention of the United States Public Health Service.

  161. Tex. Occupations Code Sec. 1101.803. GENERAL LIABILITY OF BROKER. A licensed broker is liable to the commission, the public, and the broker's clients for any conduct engaged in under this chapter by the broker or by a sales agent associated with or acting for the broker.

  162. Tex. Occupations Code Sec. 1101.804. LIABILITY FOR PROVIDING CERTAIN INFORMATION. A license holder or nonprofit real estate board or association that provides information about real property sales prices or the terms of a sale for the purpose of facilitating the listing, selling, leasing, financing, or appraisal of real property is not liable to another person for providing that information unless the disclosure of that information is specifically prohibited by statute.

  163. Tex. Occupations Code Sec. 1101.805. LIABILITY FOR MISREPRESENTATION OR CONCEALMENT.

  164. Tex. Occupations Code Sec. 1101.806. LIABILITY FOR PAYMENT OF COMPENSATION OR COMMISSION.

Chapter 1102

  1. Tex. Occupations Code Sec. 1102.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 1102.002. APPLICABILITY OF CHAPTER.

  3. Tex. Occupations Code Sec. 1102.003. RULES; INSPECTION FORMS. The commission by rule shall prescribe standard forms and require inspectors to use the forms to reduce discrepancies and create consistency in preparing reports of real estate inspections.

  4. Tex. Occupations Code Sec. 1102.051. COMMITTEE MEMBERSHIP.

  5. Tex. Occupations Code Sec. 1102.058. GENERAL POWERS AND DUTIES OF COMMITTEE; RECOMMENDATIONS.

  6. Tex. Occupations Code Sec. 1102.060. CONSIDERATION OF COMMITTEE RECOMMENDATIONS. The commission shall consider the committee's recommendations relating to qualifications and licensing of inspectors to assure the public of a quality professional inspection system in real estate transactions in this state.

  7. Tex. Occupations Code Sec. 1102.101. APPRENTICE INSPECTOR LICENSE REQUIRED. A person may not act or attempt to act as an apprentice inspector in this state for a buyer or seller of real property unless the person:

  8. Tex. Occupations Code Sec. 1102.102. REAL ESTATE INSPECTOR LICENSE REQUIRED. A person may not act or attempt to act as a real estate inspector in this state for a buyer or seller of real property unless the person:

  9. Tex. Occupations Code Sec. 1102.103. PROFESSIONAL INSPECTOR LICENSE REQUIRED. A person may not act as a professional inspector in this state for a buyer or seller of real property unless the person holds a professional inspector license under this chapter.

  10. Tex. Occupations Code Sec. 1102.104. SUPERVISION. For the purposes of this chapter, a person performing a real estate inspection or preparing a report of a real estate inspection is under:

  11. Tex. Occupations Code Sec. 1102.105. APPLICATION. An applicant for a license under this chapter must file with the commission an application on a form prescribed by the commission.

  12. Tex. Occupations Code Sec. 1102.1051. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE.

  13. Tex. Occupations Code Sec. 1102.106. DETERMINATION OF FITNESS. As prescribed by Section 1101.353, the commission shall determine, on request, whether a person possesses the fitness to engage in a profession licensed under this chapter and may conduct a supplemental determination of the person's fitness.

  14. Tex. Occupations Code Sec. 1102.107. ELIGIBILITY FOR APPRENTICE INSPECTOR LICENSE. To be eligible for an apprentice inspector license, an applicant must:

  15. Tex. Occupations Code Sec. 1102.108. ELIGIBILITY FOR REAL ESTATE INSPECTOR LICENSE.

  16. Tex. Occupations Code Sec. 1102.109. ELIGIBILITY FOR PROFESSIONAL INSPECTOR LICENSE. To be eligible for a professional inspector license, an applicant must:

  17. Tex. Occupations Code Sec. 1102.110. ELIGIBILITY OF PREVIOUS LICENSE HOLDERS.

  18. Tex. Occupations Code Sec. 1102.111. SUBSTITUTE REQUIREMENTS.

  19. Tex. Occupations Code Sec. 1102.112. WAIVER FOR APPLICANT LICENSED IN ANOTHER STATE. The commission may waive any license requirement for an applicant who holds a license from another state having license requirements substantially equivalent to those of this state.

  20. Tex. Occupations Code Sec. 1102.113. ELIGIBILITY AS SPONSOR. A professional inspector may sponsor an apprentice inspector or a real estate inspector only if the professional inspector provides sufficient proof to the commission that the professional inspector has completed at least 200 real estate inspections as a professional inspector.

  21. Tex. Occupations Code Sec. 1102.114. ISSUANCE OF LICENSE. The commission shall issue the appropriate license to an applicant who:

  22. Tex. Occupations Code Sec. 1102.1141. FINANCIAL RESPONSIBILITY REQUIREMENT.

  23. Tex. Occupations Code Sec. 1102.115. DENIAL OF LICENSE. The provisions of Section 1101.364 governing the commission's denial of a license under that chapter apply to the commission's denial of a license under this chapter.

  24. Tex. Occupations Code Sec. 1102.116. PROBATIONARY LICENSE. The commission may issue a probationary license under this chapter as prescribed by Section 1101.365.

  25. Tex. Occupations Code Sec. 1102.117. INACTIVE LICENSE. The commission by rule may adopt terms by which:

  26. Tex. Occupations Code Sec. 1102.118. CONTACT INFORMATION.

  27. Tex. Occupations Code Sec. 1102.151. CONTENT OF EXAMINATION.

  28. Tex. Occupations Code Sec. 1102.152. OFFERING OF EXAMINATION. The commission shall offer each license examination at least once every two months in Austin.

  29. Tex. Occupations Code Sec. 1102.153. DEADLINE FOR COMPLETION. A license applicant who does not satisfy the examination requirement before the first anniversary of the date the application is filed must submit a new application and pay another examination fee to be eligible for examination.

  30. Tex. Occupations Code Sec. 1102.154. EXAMINATION RESULTS.

  31. Tex. Occupations Code Sec. 1102.155. REEXAMINATION.

  32. Tex. Occupations Code Sec. 1102.201. LICENSE TERM AND EXPIRATION.

  33. Tex. Occupations Code Sec. 1102.202. NOTICE OF LICENSE EXPIRATION. Not later than the 31st day before the expiration date of a person's license, the commission shall provide notice of the expiration to the person.

  34. Tex. Occupations Code Sec. 1102.203. RENEWAL OF LICENSE; INFORMATION REQUIRED.

  35. Tex. Occupations Code Sec. 1102.205. CONTINUING EDUCATION REQUIREMENTS.

  36. Tex. Occupations Code Sec. 1102.206. DENIAL OF LICENSE RENEWAL.

  37. Tex. Occupations Code Sec. 1102.251. FEES. The commission shall charge and collect reasonable and necessary fees to cover the cost of administering this chapter for:

  38. Tex. Occupations Code Sec. 1102.301. NEGLIGENCE OR INCOMPETENCE. An inspector may not perform a real estate inspection in a negligent or incompetent manner.

  39. Tex. Occupations Code Sec. 1102.302. AGREEMENT FOR SPECIFIC REPORT; DISHONESTY. An inspector may not:

  40. Tex. Occupations Code Sec. 1102.303. ACTING IN CONFLICTING CAPACITIES. An inspector may not act in a transaction in the dual capacity of inspector and:

  41. Tex. Occupations Code Sec. 1102.304. REPAIRS AND MAINTENANCE. An inspector may not perform or agree to perform repairs or maintenance in connection with a real estate inspection under an earnest money contract, lease, or exchange of real property.

  42. Tex. Occupations Code Sec. 1102.305. VIOLATION OF LAW. An inspector may not violate this chapter or a rule adopted by the commission.

  43. Tex. Occupations Code Sec. 1102.401. DISCIPLINARY POWERS OF COMMISSION.

  44. Tex. Occupations Code Sec. 1102.402. LICENSE INELIGIBILITY FOR CLAIM ON FUND. A person is not eligible for a license under this chapter until the person has reimbursed the commission in full for any amount paid on the person's behalf from the real estate inspection recovery fund under former Subchapter H, as that subchapter existed on August 31, 2023, or the real estate recovery trust account under Subchapter M, Chapter 1101, plus interest at the legal rate.

  45. Tex. Occupations Code Sec. 1102.403. ADMINISTRATIVE PENALTY.

  46. Tex. Occupations Code Sec. 1102.404. INJUNCTIVE RELIEF. The commission, the attorney general, a county attorney, or a district attorney, as applicable, may bring an action to enforce this chapter or to abate or enjoin a violation of this chapter or a rule adopted under this chapter as prescribed by Sections 1101.751 and 1101.752.

  47. Tex. Occupations Code Sec. 1102.405. APPEAL BOND EXEMPTION. The commission is not required to give an appeal bond in an action to enforce this chapter.

  48. Tex. Occupations Code Sec. 1102.406. GENERAL CRIMINAL PENALTY.

  49. Tex. Occupations Code Sec. 1102.407. CRIMINAL PENALTY FOR PRACTICING WITHOUT LICENSE.

  50. Tex. Occupations Code Sec. 1102.408. TEMPORARY SUSPENSION.

Chapter 1103

  1. Tex. Occupations Code Sec. 1103.001. SHORT TITLE. This chapter may be cited as the Texas Appraiser Licensing and Certification Act.

  2. Tex. Occupations Code Sec. 1103.002. PURPOSE. The purpose of this chapter is to:

  3. Tex. Occupations Code Sec. 1103.003. DEFINITIONS. In this chapter:

  4. Tex. Occupations Code Sec. 1103.004. APPLICABILITY OF CHAPTER.

  5. Tex. Occupations Code Sec. 1103.006. APPLICATION OF SUNSET ACT. The Texas Appraiser Licensing and Certification Board is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter and Chapter 1104 expire September 1, 2033.

  6. Tex. Occupations Code Sec. 1103.051. TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD. The Texas Appraiser Licensing and Certification Board is an independent subdivision of the Texas Real Estate Commission.

  7. Tex. Occupations Code Sec. 1103.052. BOARD MEMBERSHIP.

  8. Tex. Occupations Code Sec. 1103.0521. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.

  9. Tex. Occupations Code Sec. 1103.053. QUALIFICATIONS OF APPOINTED MEMBERS.

  10. Tex. Occupations Code Sec. 1103.054. ELIGIBILITY OF PUBLIC MEMBERS. A person is not eligible for appointment as a public member of the board if the person or the person's spouse:

  11. Tex. Occupations Code Sec. 1103.0545. TRAINING.

  12. Tex. Occupations Code Sec. 1103.055. TERMS; VACANCIES.

  13. Tex. Occupations Code Sec. 1103.056. OFFICERS; EXECUTIVE COMMITTEE.

  14. Tex. Occupations Code Sec. 1103.057. GROUNDS FOR REMOVAL.

  15. Tex. Occupations Code Sec. 1103.058. PER DIEM; REIMBURSEMENT.

  16. Tex. Occupations Code Sec. 1103.059. QUASI-JUDICIAL IMMUNITY. A member of the board is entitled to quasi-judicial immunity from suit for an action that:

  17. Tex. Occupations Code Sec. 1103.060. EDUCATIONAL PRESENTATIONS.

  18. Tex. Occupations Code Sec. 1103.101. EXECUTIVE DIRECTOR.

  19. Tex. Occupations Code Sec. 1103.102. OTHER BOARD PERSONNEL. In addition to the executive director, the board may employ other officers and employees as necessary to administer this chapter and Chapter 1104.

  20. Tex. Occupations Code Sec. 1103.103. SALARIES. The executive director shall determine the salaries of the officers and employees of the board.

  21. Tex. Occupations Code Sec. 1103.104. DUTIES OF EXECUTIVE DIRECTOR. The executive director shall:

  22. Tex. Occupations Code Sec. 1103.105. DIVISION OF RESPONSIBILITIES. The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and the staff of the board.

  23. Tex. Occupations Code Sec. 1103.151. RULES RELATING TO CERTIFICATES AND LICENSES. The board may adopt:

  24. Tex. Occupations Code Sec. 1103.152. APPRAISER CERTIFICATE AND LICENSE CATEGORIES. The board may:

  25. Tex. Occupations Code Sec. 1103.153. RULES RELATING TO QUALIFYING OR CONTINUING EDUCATION.

  26. Tex. Occupations Code Sec. 1103.154. RULES RELATING TO PROFESSIONAL CONDUCT. The board may adopt:

  27. Tex. Occupations Code Sec. 1103.155. ROSTER.

  28. Tex. Occupations Code Sec. 1103.156. FEES.

  29. Tex. Occupations Code Sec. 1103.157. GIFTS, GRANTS, AND DONATIONS. The board may solicit, accept, and administer gifts, grants, and donations of any kind from any public or private source for the purposes of this chapter and Chapter 1104.

  30. Tex. Occupations Code Sec. 1103.158. EXPERT WITNESS TESTIMONY BY BOARD MEMBER. Notwithstanding Section 572.051, Government Code, a board member may testify as an expert witness in an action concerning a violation of the Uniform Standards of Professional Appraisal Practice.

  31. Tex. Occupations Code Sec. 1103.159. ADVISORY COMMITTEE ON APPRAISAL MANAGEMENT COMPANIES.

  32. Tex. Occupations Code Sec. 1103.160. ADVISORY COMMITTEES.

  33. Tex. Occupations Code Sec. 1103.161. PUBLIC PARTICIPATION. The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any agenda item at a regular board meeting.

  34. Tex. Occupations Code Sec. 1103.162. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.

  35. Tex. Occupations Code Sec. 1103.163. COMPLAINT INFORMATION.

  36. Tex. Occupations Code Sec. 1103.164. STIPEND PROGRAM.

  37. Tex. Occupations Code Sec. 1103.201. CERTIFICATE OR LICENSE REQUIRED.

  38. Tex. Occupations Code Sec. 1103.202. ELIGIBILITY REQUIREMENTS FOR CERTIFICATE OR LICENSE. To be eligible for a certificate or license under this chapter, an applicant must:

  39. Tex. Occupations Code Sec. 1103.203. CERTIFICATE OR LICENSE APPLICATION.

  40. Tex. Occupations Code Sec. 1103.2031. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT.

  41. Tex. Occupations Code Sec. 1103.204. FULFILLMENT OF EDUCATION REQUIREMENTS.

  42. Tex. Occupations Code Sec. 1103.205. FULFILLMENT OF EXPERIENCE REQUIREMENTS.

  43. Tex. Occupations Code Sec. 1103.206. VERIFICATION OF EDUCATION AND EXPERIENCE.

  44. Tex. Occupations Code Sec. 1103.207. ADDITIONAL INFORMATION FROM CERTAIN APPLICANTS.

  45. Tex. Occupations Code Sec. 1103.209. RECIPROCAL CERTIFICATE OR LICENSE.

  46. Tex. Occupations Code Sec. 1103.2091. PROBATIONARY CERTIFICATE OR LICENSE.

  47. Tex. Occupations Code Sec. 1103.210. DENIAL OF CERTIFICATE OR LICENSE.

  48. Tex. Occupations Code Sec. 1103.211. CERTIFICATE OR LICENSE RENEWAL; CONTINUING EDUCATION.

  49. Tex. Occupations Code Sec. 1103.2111. LATE RENEWAL OF CERTIFICATE OR LICENSE.

  50. Tex. Occupations Code Sec. 1103.212. EXTENSION OF TIME TO COMPLETE REQUIRED CONTINUING EDUCATION.

  51. Tex. Occupations Code Sec. 1103.213. INACTIVE CERTIFICATE OR LICENSE.

  52. Tex. Occupations Code Sec. 1103.214. DENIAL OF CERTIFICATE OR LICENSE RENEWAL.

  53. Tex. Occupations Code Sec. 1103.251. EXAMINATION REQUIRED.

  54. Tex. Occupations Code Sec. 1103.252. TESTING SERVICE.

  55. Tex. Occupations Code Sec. 1103.253. TIME AND PLACE OF EXAMINATION; NOTICE. The board or the testing service shall offer the examination at least once each month in Austin and at other locations and times as the board may determine or require. The board shall provide public notice of all examinations on the board's Internet website.

  56. Tex. Occupations Code Sec. 1103.254. EXAMINATION APPLICATION.

  57. Tex. Occupations Code Sec. 1103.255. EXPERIENCE REQUIRED BEFORE TAKING EXAMINATION. An applicant for the examination must fulfill the applicable experience requirement for a certificate or license before taking the examination.

  58. Tex. Occupations Code Sec. 1103.256. MINIMUM PASSING GRADE REQUIRED. To pass the examination, an applicant for a certificate or license must achieve the minimum score required by the Appraiser Qualifications Board.

  59. Tex. Occupations Code Sec. 1103.257. EXAMINATION RESULTS.

  60. Tex. Occupations Code Sec. 1103.258. REEXAMINATION.

  61. Tex. Occupations Code Sec. 1103.301. REGISTRATION REQUIRED. A person certified or licensed as a real estate appraiser by another state may appraise real property in this state without holding a certificate or license issued under this chapter if the person registers with the board under this subchapter.

  62. Tex. Occupations Code Sec. 1103.302. REGISTRATION APPLICATION. A person may register with the board by:

  63. Tex. Occupations Code Sec. 1103.303. ELIGIBILITY REQUIREMENTS FOR REGISTRATION. A person is eligible to register with the board if:

  64. Tex. Occupations Code Sec. 1103.304. EXTENSION OF REGISTRATION. A person may obtain a 90-day extension of a temporary registration under this subchapter by completing an extension form approved by the board and paying any required fee. The board may grant only one extension for each temporary registration.

  65. Tex. Occupations Code Sec. 1103.351. SUPERVISORY APPRAISER.

  66. Tex. Occupations Code Sec. 1103.352. APPLICATION FOR APPRAISER TRAINEE. An applicant for a license as an appraiser trainee and each supervisory appraiser of the applicant must apply to the board using the online application on the board's Internet website or on a form prescribed by the board.

  67. Tex. Occupations Code Sec. 1103.353. ELIGIBILITY REQUIREMENTS FOR APPRAISER TRAINEE. To be eligible for a license as an appraiser trainee, an applicant must:

  68. Tex. Occupations Code Sec. 1103.354. APPRAISER TRAINEE REPORTS.

  69. Tex. Occupations Code Sec. 1103.355. DISCIPLINARY PROCEDURES FOR APPRAISER TRAINEES.

  70. Tex. Occupations Code Sec. 1103.356. RENEWAL OF APPRAISER TRAINEE LICENSE. A person may renew a license as an appraiser trainee by:

  71. Tex. Occupations Code Sec. 1103.401. USE OF INSIGNIA OR IDENTIFICATION.

  72. Tex. Occupations Code Sec. 1103.402. SIGNATURE OR ENDORSEMENT ON APPRAISAL.

  73. Tex. Occupations Code Sec. 1103.403. CONTACT INFORMATION.

  74. Tex. Occupations Code Sec. 1103.404. BUSINESS RECORDS. A person who is certified or licensed under this chapter or who has applied for a certificate or license shall retain all business records relating to each appraisal performed by the person until at least the fifth anniversary of the date of the appraisal.

  75. Tex. Occupations Code Sec. 1103.405. PROFESSIONAL STANDARDS.

  76. Tex. Occupations Code Sec. 1103.451. INITIATION OF COMPLAINT PROCESS.

  77. Tex. Occupations Code Sec. 1103.452. REVIEW AND INVESTIGATION.

  78. Tex. Occupations Code Sec. 1103.453. PEER INVESTIGATIVE COMMITTEE.

  79. Tex. Occupations Code Sec. 1103.454. GENERAL SUBPOENA AUTHORITY.

  80. Tex. Occupations Code Sec. 1103.455. REPORT OF INVESTIGATION REQUIRED.

  81. Tex. Occupations Code Sec. 1103.456. ACTION BASED ON REPORT. Based on the report prepared under Section 1103.455, the board may:

  82. Tex. Occupations Code Sec. 1103.458. CONSENT ORDER.

  83. Tex. Occupations Code Sec. 1103.459. CONSENT AGREEMENT.

  84. Tex. Occupations Code Sec. 1103.460. CONFIDENTIALITY OF INVESTIGATION MATERIAL.

  85. Tex. Occupations Code Sec. 1103.501. APPLICABILITY OF ADMINISTRATIVE PROCEDURE LAW. Except as otherwise provided by this chapter, a proceeding under this chapter is subject to Chapter 2001, Government Code.

  86. Tex. Occupations Code Sec. 1103.5011. NOTICE OF VIOLATION AND PENALTY.

  87. Tex. Occupations Code Sec. 1103.5012. PENALTY TO BE PAID OR HEARING REQUESTED. If the person accepts the executive director's determination, or fails to respond in a timely manner to the notice, the board by order shall approve the determination and order payment of the recommended penalty, impose the recommended sanction, or both.

  88. Tex. Occupations Code Sec. 1103.502. NOTICE OF HEARING.

  89. Tex. Occupations Code Sec. 1103.503. STATEMENT OF CHARGES.

  90. Tex. Occupations Code Sec. 1103.504. ATTORNEY GENERAL REPRESENTATION. The attorney general may not represent the board in a contested case before the State Office of Administrative Hearings.

  91. Tex. Occupations Code Sec. 1103.505. ANSWER. The appraiser's or appraiser trainee's answer must contain:

  92. Tex. Occupations Code Sec. 1103.506. DISCOVERY PROCEDURES. The discovery procedures that are applicable to a civil action are applicable to a proceeding under this chapter.

  93. Tex. Occupations Code Sec. 1103.507. SUBPOENA IN CONTESTED CASE.

  94. Tex. Occupations Code Sec. 1103.508. HEARING.

  95. Tex. Occupations Code Sec. 1103.510. FAILURE TO APPEAR.

  96. Tex. Occupations Code Sec. 1103.511. OPEN HEARING. A contested case hearing is open to the public.

  97. Tex. Occupations Code Sec. 1103.512. RECORD OF PROCEEDINGS.

  98. Tex. Occupations Code Sec. 1103.513. ORDER OF PROCEEDINGS. A contested case hearing shall be conducted in the following order, subject to modification at the discretion of the administrative law judge:

  99. Tex. Occupations Code Sec. 1103.514. COPIES OF EVIDENCE. A copy of each document offered as evidence at a contested case hearing shall be provided to the opposing party.

  100. Tex. Occupations Code Sec. 1103.515. RESPONSE TO CERTAIN ACCUSATIONS.

  101. Tex. Occupations Code Sec. 1103.516. DIRECT EXAMINATION. In a contested case hearing, the administrative law judge may conduct a direct examination of a witness at any stage of the witness's testimony.

  102. Tex. Occupations Code Sec. 1103.517. IMMUNITY OF WITNESSES.

  103. Tex. Occupations Code Sec. 1103.518. ACTION AFTER HEARING. On conclusion of a contested case hearing and on submission of all written responses allowed under Section 1103.515, the administrative law judge shall:

  104. Tex. Occupations Code Sec. 1103.519. MOTION FOR REHEARING.

  105. Tex. Occupations Code Sec. 1103.520. DECISION ON REHEARING.

  106. Tex. Occupations Code Sec. 1103.521. DECISION; ORDER.

  107. Tex. Occupations Code Sec. 1103.522. WAITING PERIOD. A person whose certificate or license has been revoked, a person who has surrendered a certificate or license issued by the board, or a person whose application for a certificate or license has been denied after a hearing under Section 1103.508 may not apply to the board for a certificate or license until the second anniversary of the date of revocation, surrender, or denial.

  108. Tex. Occupations Code Sec. 1103.523. COST RECOVERY. The administrative law judge may award reasonable costs to the board on a request for and proof of the costs if the respondent fails to appear for the hearing under Section 1103.510, including any costs:

  109. Tex. Occupations Code Sec. 1103.551. INJUNCTION.

  110. Tex. Occupations Code Sec. 1103.5511. TEMPORARY SUSPENSION.

  111. Tex. Occupations Code Sec. 1103.552. ADMINISTRATIVE PENALTY.

  112. Tex. Occupations Code Sec. 1103.5525. CEASE AND DESIST ORDER.

  113. Tex. Occupations Code Sec. 1103.5526. REFUND.

  114. Tex. Occupations Code Sec. 1103.553. CIVIL PENALTY FOR FILING FRIVOLOUS COMPLAINT.

  115. Tex. Occupations Code Sec. 1103.5535. CIVIL PENALTY FOR ENGAGING IN ACTIVITY WITHOUT REQUIRED CERTIFICATE OR LICENSE.

  116. Tex. Occupations Code Sec. 1103.554. CRIMINAL PENALTY FOR MISREPRESENTING QUALIFICATIONS.

  117. Tex. Occupations Code Sec. 1103.5545. CRIMINAL PENALTY FOR ENGAGING IN ACTIVITY WITHOUT REQUIRED CERTIFICATE OR LICENSE.

Chapter 1104

  1. Tex. Occupations Code Sec. 1104.001. SHORT TITLE. This chapter may be cited as the Texas Appraisal Management Company Registration and Regulation Act.

  2. Tex. Occupations Code Sec. 1104.002. PURPOSE. The purpose of this chapter is to establish and enforce standards related to appraisal management services for appraisal reports on residential properties located in this state with fewer than five units.

  3. Tex. Occupations Code Sec. 1104.003. DEFINITIONS.

  4. Tex. Occupations Code Sec. 1104.004. EXEMPTIONS.

  5. Tex. Occupations Code Sec. 1104.051. RULES. The board may adopt rules necessary to administer the provisions of this chapter.

  6. Tex. Occupations Code Sec. 1104.052. FEES.

  7. Tex. Occupations Code Sec. 1104.101. REGISTRATION REQUIRED. Unless a person is registered under this chapter, a person may not:

  8. Tex. Occupations Code Sec. 1104.102. ELIGIBILITY FOR REGISTRATION; OWNERSHIP.

  9. Tex. Occupations Code Sec. 1104.103. APPLICATION FOR REGISTRATION OR RENEWAL.

  10. Tex. Occupations Code Sec. 1104.104. DESIGNATION OF PRIMARY CONTACT.

  11. Tex. Occupations Code Sec. 1104.105. DENIAL OF REGISTRATION OR RENEWAL.

  12. Tex. Occupations Code Sec. 1104.106. ISSUANCE AND PUBLICATION OF REGISTRATION NUMBER. The board shall:

  13. Tex. Occupations Code Sec. 1104.107. EXPIRATION OF REGISTRATION. Unless renewed, a registration issued under this chapter expires on the second anniversary of the date the registration is issued.

  14. Tex. Occupations Code Sec. 1104.151. RESTRICTIONS ON EMPLOYMENT AND CONTROLLING PERSON.

  15. Tex. Occupations Code Sec. 1104.152. VERIFICATION OF LICENSURE OR CERTIFICATION. An appraisal management company registered under this chapter must verify that an individual to whom the company is making an assignment for the completion of an appraisal:

  16. Tex. Occupations Code Sec. 1104.153. APPRAISAL REVIEW. A person who performs an appraisal review for an appraisal management company as required by Section 1104.155 must be:

  17. Tex. Occupations Code Sec. 1104.154. COMPETENCY OF APPRAISERS. Before making an assignment to an appraiser, an appraisal management company must verify that the appraiser receiving the assignment satisfies each provision of the competency rule of the Uniform Standards of Professional Appraisal Practice for the appraisal being assigned.

  18. Tex. Occupations Code Sec. 1104.155. PROFESSIONAL STANDARDS. An appraisal management company registered under this chapter shall on a periodic basis perform an appraisal review of the work of appraisers performing appraisal services for the company to ensure that the services comply with:

  19. Tex. Occupations Code Sec. 1104.156. BUSINESS RECORDS.

  20. Tex. Occupations Code Sec. 1104.157. COMPENSATION OF APPRAISERS.

  21. Tex. Occupations Code Sec. 1104.158. STATEMENT OF FEES.

  22. Tex. Occupations Code Sec. 1104.159. DISCLOSURE OF REGISTRATION NUMBER. An appraisal management company registered under this chapter shall disclose the company's registration number on all documents used to procure appraisals in this state.

  23. Tex. Occupations Code Sec. 1104.160. MANDATORY REPORTING. An appraisal management company that has a reasonable basis to believe an appraiser is failing to comply with the Uniform Standards of Professional Appraisal Practice in a manner that materially affects a value conclusion, violating applicable laws, or otherwise engaging in unethical or unprofessional conduct shall refer the matter to the board in the manner provided by Section 1104.204.

  24. Tex. Occupations Code Sec. 1104.161. REMOVAL OF APPRAISER FROM APPRAISAL PANEL.

  25. Tex. Occupations Code Sec. 1104.162. DISPUTE RESOLUTION. An appraisal management company shall make a dispute resolution process available to review a written request by an appraiser who:

  26. Tex. Occupations Code Sec. 1104.201. DISCIPLINARY POWERS OF BOARD.

  27. Tex. Occupations Code Sec. 1104.202. ADMINISTRATIVE PENALTY.

  28. Tex. Occupations Code Sec. 1104.203. PROHIBITED PRACTICES.

  29. Tex. Occupations Code Sec. 1104.204. COMPLAINT.

  30. Tex. Occupations Code Sec. 1104.205. REVIEW AND INVESTIGATION.

  31. Tex. Occupations Code Sec. 1104.2051. INVESTIGATIVE COMMITTEE.

  32. Tex. Occupations Code Sec. 1104.206. GENERAL SUBPOENA AUTHORITY.

  33. Tex. Occupations Code Sec. 1104.207. REPORT OF INVESTIGATION REQUIRED.

  34. Tex. Occupations Code Sec. 1104.208. ACTION BASED ON REPORT.

  35. Tex. Occupations Code Sec. 1104.2081. AGREED ORDER.

  36. Tex. Occupations Code Sec. 1104.2082. CONFIDENTIALITY OF INVESTIGATION MATERIAL.

  37. Tex. Occupations Code Sec. 1104.209. NOTICE OF VIOLATION AND PENALTY.

  38. Tex. Occupations Code Sec. 1104.210. PENALTY TO BE PAID. If the person accepts the board's determination or fails to respond to the notice in a timely manner, the board by order shall approve the determination and impose the proposed penalty.

  39. Tex. Occupations Code Sec. 1104.211. TEMPORARY SUSPENSION.

  40. Tex. Occupations Code Sec. 1104.212. NOTICE OF HEARING. Not later than the 30th day before the date of a contested case hearing, the board shall personally deliver or send by certified mail notice of the hearing to the parties to the hearing.

  41. Tex. Occupations Code Sec. 1104.2121. ATTORNEY GENERAL REPRESENTATION. The attorney general may not represent the board in a contested case before the State Office of Administrative Hearings.

  42. Tex. Occupations Code Sec. 1104.2122. IMMUNITY OF WITNESSES.

  43. Tex. Occupations Code Sec. 1104.213. APPLICABILITY OF ADMINISTRATIVE PROCEDURE LAW. Except as otherwise provided by this chapter, a proceeding under this subchapter is subject to Chapter 2001, Government Code.

  44. Tex. Occupations Code Sec. 1104.2131. RECORD OF PROCEEDINGS.

  45. Tex. Occupations Code Sec. 1104.2132. FAILURE TO APPEAR; COSTS.

  46. Tex. Occupations Code Sec. 1104.214. ACTION AFTER HEARING. On conclusion of a contested case hearing under this subchapter, the administrative law judge shall:

  47. Tex. Occupations Code Sec. 1104.215. DECISION BY BOARD.

  48. Tex. Occupations Code Sec. 1104.216. MOTION FOR REHEARING.

  49. Tex. Occupations Code Sec. 1104.217. DECISION ON REHEARING.

  50. Tex. Occupations Code Sec. 1104.251. INJUNCTION.

  51. Tex. Occupations Code Sec. 1104.252. CIVIL PENALTY FOR ENGAGING IN ACTIVITY WITHOUT REQUIRED REGISTRATION.

  52. Tex. Occupations Code Sec. 1104.253. CRIMINAL PENALTY FOR ENGAGING IN ACTIVITY WITHOUT REQUIRED REGISTRATION.

Chapter 1105

  1. Tex. Occupations Code Sec. 1105.001. DEFINITIONS. In this section:

  2. Tex. Occupations Code Sec. 1105.002. SELF-DIRECTED AND SEMI-INDEPENDENT STATUS.

  3. Tex. Occupations Code Sec. 1105.003. BUDGET, REVENUES, AND EXPENSES.

  4. Tex. Occupations Code Sec. 1105.004. AUDITS.

  5. Tex. Occupations Code Sec. 1105.005. RECORDS; REPORTING REQUIREMENTS.

  6. Tex. Occupations Code Sec. 1105.006. ABILITY TO CONTRACT.

  7. Tex. Occupations Code Sec. 1105.007. PROPERTY. The commission or board may acquire by lease and maintain, use, and operate any real, personal, or mixed property necessary to the exercise of the respective powers, rights, privileges, or functions of the commission or board.

  8. Tex. Occupations Code Sec. 1105.008. SUITS.

  9. Tex. Occupations Code Sec. 1105.009. ADMINISTRATIVE HEARINGS. The State Office of Administrative Hearings shall enter into a contract with the agency for hearings conducted by the State Office of Administrative Hearings under a law administered by the commission or the board. The agency shall reimburse the State Office of Administrative Hearings for costs incurred in conducting the hearings.

  10. Tex. Occupations Code Sec. 1105.010. POST-PARTICIPATION LIABILITY.

  11. Tex. Occupations Code Sec. 1105.011. DUE PROCESS; OPEN GOVERNMENT. The commission and the board are governmental bodies for purposes of Chapters 551 and 552, Government Code. The commission is a state agency for purposes of Chapters 2001 and 2005, Government Code.

  12. Tex. Occupations Code Sec. 1105.012. MEMBERSHIP IN EMPLOYEES RETIREMENT SYSTEM. Employees of the agency are members of the Employees Retirement System of Texas under Chapter 812, Government Code, and the commission's and the board's transition to independent status as provided by this chapter has no effect on their membership or any benefits under that system.

Chapter 1151

  1. Tex. Occupations Code Sec. 1151.001. SHORT TITLE. This chapter may be cited as the Property Taxation Professional Certification Act.

  2. Tex. Occupations Code Sec. 1151.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 1151.003. APPLICABILITY. This chapter does not apply to a county assessor-collector described by Section 14, Article VIII, Texas Constitution, or an employee of the county assessor-collector.

  4. Tex. Occupations Code Sec. 1151.004. PROHIBITION AGAINST REQUIRING UNPROFESSIONAL CONDUCT.

  5. Tex. Occupations Code Sec. 1151.051. MEMBERSHIP.

  6. Tex. Occupations Code Sec. 1151.0511. PUBLIC MEMBER ELIGIBILITY. A person may not be a public member of the board if the person or the person's spouse:

  7. Tex. Occupations Code Sec. 1151.0512. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.

  8. Tex. Occupations Code Sec. 1151.052. TERMS. Board members serve staggered six-year terms.

  9. Tex. Occupations Code Sec. 1151.055. COMPENSATION; REIMBURSEMENT. A board member may not receive compensation for the member's services.

  10. Tex. Occupations Code Sec. 1151.101. FEES. The commission, with the advice of the board, shall establish fees under this chapter in amounts reasonable and necessary to cover the costs of administering the programs and activities under this chapter.

  11. Tex. Occupations Code Sec. 1151.1015. ASSISTANCE FROM COMPTROLLER. The comptroller shall enter into a memorandum of understanding with the department under which the comptroller shall provide:

  12. Tex. Occupations Code Sec. 1151.102. GENERAL RULEMAKING AUTHORITY. The commission may adopt and enforce rules necessary for the performance of the department's duties.

  13. Tex. Occupations Code Sec. 1151.103. ESTABLISHMENT OF PROFESSIONAL STANDARDS. The commission shall establish standards of professional practice, conduct, education, and ethics for appraisers, assessors, and collectors consistent with the purposes and intent of this chapter.

  14. Tex. Occupations Code Sec. 1151.104. ENFORCEMENT OF CHAPTER. The department may ensure strict compliance with and enforce this chapter.

  15. Tex. Occupations Code Sec. 1151.106. CLASSIFICATION SYSTEM FOR REGISTRANTS.

  16. Tex. Occupations Code Sec. 1151.107. ROSTER OF REGISTRANTS.

  17. Tex. Occupations Code Sec. 1151.108. BOARD DUTIES. The board shall:

  18. Tex. Occupations Code Sec. 1151.109. INFORMATION ON APPRAISAL DISTRICT REVIEWS.

  19. Tex. Occupations Code Sec. 1151.151. REGISTRATION REQUIRED; EXEMPTION. The following persons must register with the department:

  20. Tex. Occupations Code Sec. 1151.152. ELIGIBILITY FOR REGISTRATION. To be eligible for registration, an applicant must:

  21. Tex. Occupations Code Sec. 1151.153. REGISTRATION APPLICATION.

  22. Tex. Occupations Code Sec. 1151.154. SUBMISSION OF APPLICATION. An initial application for registration must be accompanied by:

  23. Tex. Occupations Code Sec. 1151.155. ACTION ON APPLICATION.

  24. Tex. Occupations Code Sec. 1151.156. DISCRIMINATION PROHIBITED. The department may not refuse to register an applicant because of the race, color, disability, sex, religion, age, or national origin of the applicant.

  25. Tex. Occupations Code Sec. 1151.157. ISSUANCE AND POSSESSION OF IDENTIFICATION CARD REQUIRED.

  26. Tex. Occupations Code Sec. 1151.158. ANNUAL FEE; EXPIRATION AND RENEWAL OF REGISTRATION.

  27. Tex. Occupations Code Sec. 1151.1581. CONTINUING EDUCATION.

  28. Tex. Occupations Code Sec. 1151.160. CERTIFICATION LEVELS AND REQUIREMENTS; RULES.

  29. Tex. Occupations Code Sec. 1151.161. EXAMINATION FOR CERTIFICATION; APPLICATION; FEE.

  30. Tex. Occupations Code Sec. 1151.162. RULES RELATING TO RECERTIFICATION AND SPECIALIZATION. The commission may adopt rules:

  31. Tex. Occupations Code Sec. 1151.163. REGISTRATION BY ENDORSEMENT. The department may waive any prerequisite to obtaining a certificate of registration for an applicant after reviewing the applicant's credentials and determining that the applicant holds a license or certificate of registration issued by another jurisdiction that has requirements substantially equivalent to those of this state.

  32. Tex. Occupations Code Sec. 1151.164. CHIEF APPRAISER TRAINING PROGRAM.

  33. Tex. Occupations Code Sec. 1151.165. INACTIVE STATUS. The commission may adopt rules to allow a registrant to place a registration issued by the department on inactive status in the same manner as a license is placed on inactive status under Section 51.4011.

  34. Tex. Occupations Code Sec. 1151.202. DENIAL OF REGISTRATION; DISCIPLINARY ACTION.

  35. Tex. Occupations Code Sec. 1151.204. DISMISSAL OF COMPLAINTS.

  36. Tex. Occupations Code Sec. 1151.205. SUBPOENA AUTHORITY.

  37. Tex. Occupations Code Sec. 1151.206. COMPLAINT OF VIOLATION. A person may file a complaint with the department concerning a violation of this chapter or a rule adopted by the commission under this chapter.

Chapter 1152

  1. Tex. Occupations Code Sec. 1152.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 1152.002. EXEMPTIONS FROM REGISTRATION.

  3. Tex. Occupations Code Sec. 1152.051. STANDARDS OF CONDUCT FOR REGISTRANTS. The commission by rule shall establish standards of practice, conduct, and ethics for registrants.

  4. Tex. Occupations Code Sec. 1152.052. MONEY RECEIVED BY DEPARTMENT. The department shall receive and account for all money derived under this chapter.

  5. Tex. Occupations Code Sec. 1152.101. DEFINITION. In this subchapter, "board" means the Property Tax Consultants Advisory Board.

  6. Tex. Occupations Code Sec. 1152.102. BOARD MEMBERSHIP.

  7. Tex. Occupations Code Sec. 1152.103. MEMBERSHIP RESTRICTIONS. A person is not eligible for appointment as a member of the board if the person is:

  8. Tex. Occupations Code Sec. 1152.104. TERMS; VACANCY.

  9. Tex. Occupations Code Sec. 1152.105. PRESIDING OFFICER. The presiding officer of the commission, with the commission's approval, shall appoint a member of the board to serve as presiding officer of the board for two years.

  10. Tex. Occupations Code Sec. 1152.106. VOTE REQUIRED FOR ACTION. A decision of the board is not effective unless it receives the affirmative vote of at least four members.

  11. Tex. Occupations Code Sec. 1152.107. COMPENSATION; REIMBURSEMENT. A board member is not entitled to receive compensation for serving as a member. A board member is entitled to reimbursement for reasonable expenses incurred in performing duties as a member, subject to applicable limitations in the General Appropriations Act.

  12. Tex. Occupations Code Sec. 1152.108. BOARD POWERS. The board shall:

  13. Tex. Occupations Code Sec. 1152.151. REGISTRATION REQUIRED.

  14. Tex. Occupations Code Sec. 1152.152. ASSOCIATION WITH SENIOR PROPERTY TAX CONSULTANT REQUIRED.

  15. Tex. Occupations Code Sec. 1152.153. VOLUNTARY REGISTRATION.

  16. Tex. Occupations Code Sec. 1152.154. REGISTRATION APPLICATION; FEES.

  17. Tex. Occupations Code Sec. 1152.155. GENERAL ELIGIBILITY FOR REGISTRATION.

  18. Tex. Occupations Code Sec. 1152.156. ELIGIBILITY TO REGISTER AS PROPERTY TAX CONSULTANT.

  19. Tex. Occupations Code Sec. 1152.157. ELIGIBILITY TO REGISTER AS SENIOR PROPERTY TAX CONSULTANT. In addition to satisfying the requirements of Section 1152.155, an applicant for registration as a senior property tax consultant must:

  20. Tex. Occupations Code Sec. 1152.158. REGISTRATION OF CERTAIN REAL ESTATE BROKERS. Sections 1152.156 and 1152.157 do not apply to a person who:

  21. Tex. Occupations Code Sec. 1152.159. CREDITS FOR SENIOR PROPERTY TAX CONSULTANT APPLICANTS.

  22. Tex. Occupations Code Sec. 1152.160. REGISTRATION EXAMINATIONS.

  23. Tex. Occupations Code Sec. 1152.162. ISSUANCE OF CERTIFICATE OF REGISTRATION.

  24. Tex. Occupations Code Sec. 1152.201. TERM OF CERTIFICATE OF REGISTRATION. Except as otherwise provided by the commission, a certificate of registration expires on the first anniversary of the date of issuance.

  25. Tex. Occupations Code Sec. 1152.202. PROCEDURE FOR RENEWAL.

  26. Tex. Occupations Code Sec. 1152.204. RECOGNITION OF EDUCATIONAL PROGRAMS AND COURSES.

  27. Tex. Occupations Code Sec. 1152.231. GENERAL PROHIBITED ACTS.

  28. Tex. Occupations Code Sec. 1152.232. PROHIBITED ACTS: SOLICITATION OF BUSINESS. A person required to register under this chapter may not solicit a property tax consulting assignment by assuring a specific outcome.

  29. Tex. Occupations Code Sec. 1152.233. PROHIBITED ACTS: USE OF INTERNET WEBSITE.

  30. Tex. Occupations Code Sec. 1152.234. PROHIBITED ACTS: CERTAIN LEGAL ACTIONS. A person required to register under this chapter may not engage the services of an attorney for purposes of filing an appeal under Chapter 42, Tax Code, without the prior consent of the client.

  31. Tex. Occupations Code Sec. 1152.251. DISCIPLINARY POWERS OF COMMISSION. After a hearing, the commission may deny a certificate of registration and may impose an administrative sanction or penalty and seek injunctive relief and a civil penalty against a registrant as provided by Chapter 51 for:

Chapter 1201

  1. Tex. Occupations Code Sec. 1201.001. SHORT TITLE. This chapter may be cited as the Texas Manufactured Housing Standards Act.

  2. Tex. Occupations Code Sec. 1201.002. LEGISLATIVE FINDINGS AND PURPOSES; LIBERAL CONSTRUCTION.

  3. Tex. Occupations Code Sec. 1201.003. DEFINITIONS. In this chapter:

  4. Tex. Occupations Code Sec. 1201.004. DEFINITIONS BINDING. The definitions of "mobile home," "HUD-code manufactured home," and "manufactured housing" provided by Section 1201.003 are binding as a matter of law on each person and agency in this state, including a home-rule municipality or other political subdivision. A mobile home is not a HUD-code manufactured home and a HUD-code manufactured home is not a mobile home for any purpose under state law. Those terms may not be defined in a manner that is not identical to the definitions provided by Section 1201.003.

  5. Tex. Occupations Code Sec. 1201.005. CONSUMER WAIVER VOID. A waiver by a consumer of this chapter is contrary to public policy and void.

  6. Tex. Occupations Code Sec. 1201.006. APPLICABILITY OF BUSINESS & COMMERCE CODE. The Business & Commerce Code applies to transactions relating to manufactured housing except to the extent that it conflicts with this chapter.

  7. Tex. Occupations Code Sec. 1201.007. EXCEPTION FOR REAL ESTATE BROKERS AND SALESPERSONS. This chapter does not:

  8. Tex. Occupations Code Sec. 1201.008. REGULATION BY MUNICIPALITY.

  9. Tex. Occupations Code Sec. 1201.009. ELECTRONIC MEANS AUTHORIZED. If feasible, any action required under this chapter may be accomplished by electronic means.

  10. Tex. Occupations Code Sec. 1201.010. ELECTRONIC PUBLIC RECORDS REQUIRED. The department shall provide to the public through the department's Internet website searchable and downloadable information regarding manufactured home ownership records, lien records, installation records, license holder records, and enforcement actions.

  11. Tex. Occupations Code Sec. 1201.051. ADMINISTRATION AND ENFORCEMENT OF CHAPTER. The director shall administer and enforce this chapter.

  12. Tex. Occupations Code Sec. 1201.052. GENERAL RULEMAKING AUTHORITY.

  13. Tex. Occupations Code Sec. 1201.053. RULES RELATING TO COMPLIANCE WITH NATIONAL STANDARDS FOR MANUFACTURED HOUSING CONSTRUCTION AND SAFETY; STATE PLAN.

  14. Tex. Occupations Code Sec. 1201.054. PROCEDURE FOR ADOPTING RULES.

  15. Tex. Occupations Code Sec. 1201.055. INSPECTION, REVIEW, AND RELATED FEES.

  16. Tex. Occupations Code Sec. 1201.056. LICENSE FEES.

  17. Tex. Occupations Code Sec. 1201.057. INSTRUCTION FEE. The board shall charge a fee to each person attending a course of instruction described by Section 1201.104.

  18. Tex. Occupations Code Sec. 1201.058. AMOUNT OF FEES.

  19. Tex. Occupations Code Sec. 1201.060. VENUE FOR HEARING. A hearing under this chapter shall be held in Travis County unless all parties agree to another location.

  20. Tex. Occupations Code Sec. 1201.061. COOPERATION WITH LOCAL GOVERNMENTAL UNITS. The department shall cooperate with all local governmental units in this state.

  21. Tex. Occupations Code Sec. 1201.062. SEAL PROPERTY OF DEPARTMENT. A seal is the property of the department.

  22. Tex. Occupations Code Sec. 1201.101. LICENSE REQUIRED.

  23. Tex. Occupations Code Sec. 1201.102. EXCEPTIONS TO LICENSE REQUIREMENT.

  24. Tex. Occupations Code Sec. 1201.1025. EXEMPTION FROM RETAILER'S LICENSE REQUIREMENT.

  25. Tex. Occupations Code Sec. 1201.103. LICENSE APPLICATION.

  26. Tex. Occupations Code Sec. 1201.1031. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE.

  27. Tex. Occupations Code Sec. 1201.104. QUALIFICATIONS FOR LICENSE.

  28. Tex. Occupations Code Sec. 1201.105. SECURITY REQUIRED.

  29. Tex. Occupations Code Sec. 1201.106. SECURITY: AMOUNT.

  30. Tex. Occupations Code Sec. 1201.107. SECURITY: LOCATION.

  31. Tex. Occupations Code Sec. 1201.108. SECURITY: CHANGE IN OWNERSHIP OR LOCATION.

  32. Tex. Occupations Code Sec. 1201.109. SECURITY: CANCELLATION OR OTHER IMPAIRMENT.

  33. Tex. Occupations Code Sec. 1201.110. SECURITY: DURATION. The department shall maintain on file a security other than a bond canceled as provided by Section 1201.109(a) until the later of:

  34. Tex. Occupations Code Sec. 1201.111. EXCEPTIONS TO SECURITY AND INSTRUCTION REQUIREMENTS.

  35. Tex. Occupations Code Sec. 1201.113. CONTINUING EDUCATION PROGRAMS.

  36. Tex. Occupations Code Sec. 1201.114. LICENSE EXPIRATION. Any license under this chapter is valid for two years. A license may be renewed as provided by the director. A person whose license has been suspended or revoked or whose license has expired may not engage in activities that require a license until the license has been reinstated or renewed.

  37. Tex. Occupations Code Sec. 1201.115. NOTICE OF LICENSE EXPIRATION. Not later than the 30th day before the date a person's license is scheduled to expire, the department shall send written notice of the impending expiration to the person at the person's last known address according to the records of the department.

  38. Tex. Occupations Code Sec. 1201.116. PROCEDURE FOR LICENSE RENEWAL.

  39. Tex. Occupations Code Sec. 1201.117. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER.

  40. Tex. Occupations Code Sec. 1201.118. RULES RELATING TO CERTAIN PERSONS. The board shall adopt rules providing for additional review and scrutiny of any application for an initial or renewal license that involves a person who has previously:

  41. Tex. Occupations Code Sec. 1201.1505. DEPOSIT ON SPECIALLY ORDERED MANUFACTURED HOMES. A retailer may require a deposit on a specially ordered manufactured home.

  42. Tex. Occupations Code Sec. 1201.151. REFUNDS.

  43. Tex. Occupations Code Sec. 1201.1511. REAL PROPERTY APPRAISAL AND TITLE WORK EXPENSES.

  44. Tex. Occupations Code Sec. 1201.152. VOIDABLE CONTRACT.

  45. Tex. Occupations Code Sec. 1201.1521. RESCISSION OF CONTRACT FOR SALE OR EXCHANGE OF HOME.

  46. Tex. Occupations Code Sec. 1201.153. FORMALDEHYDE HEALTH NOTICE.

  47. Tex. Occupations Code Sec. 1201.154. SUFFICIENCY OF FORMALDEHYDE HEALTH NOTICE; RETAILER AND MANUFACTURER COMPLIANCE.

  48. Tex. Occupations Code Sec. 1201.155. DISCLAIMER OF IMPLIED WARRANTY. The seller's proper provision of the warranties and notices as required by Subchapter H or J is a valid disclaimer of an implied warranty of fitness for a particular purpose or of merchantability as described by Chapter 2, Business & Commerce Code.

  49. Tex. Occupations Code Sec. 1201.156. ADVERTISEMENT AS OFFER. An advertisement relating to manufactured housing is an offer to sell or exchange manufactured housing to consumers.

  50. Tex. Occupations Code Sec. 1201.157. RETAILER AS WAREHOUSE.

  51. Tex. Occupations Code Sec. 1201.158. SALESPERSON. A licensed salesperson may work only for the salesperson's sponsoring retailer or broker.

  52. Tex. Occupations Code Sec. 1201.159. BROKER.

  53. Tex. Occupations Code Sec. 1201.161. TRANSPORTATION OF MANUFACTURED HOUSING.

  54. Tex. Occupations Code Sec. 1201.162. DISCLOSURE BY RETAILER AND LENDER.

  55. Tex. Occupations Code Sec. 1201.164. CONSUMER MODIFICATION OR WAIVER OF RIGHT OF RESCISSION. Before the execution of the sales purchase contract, the consumer may modify or waive the right to rescind if the consumer determines that the purchase of the manufactured home is needed to meet a bona fide personal emergency. If the consumer has a bona fide personal emergency that necessitates the immediate purchase of the manufactured home, the consumer shall give the retailer a dated written statement that describes the emergency, specifically modifies or waives the right of rescission, and bears the signature of all of the consumers entitled to the right of rescission. In such event the retailer shall immediately give the consumer all of the disclosures required by this code and sell the manufactured home without the right of rescission. The department shall verify with the consumer the consumer's bona fide personal emergency before issuing the statement of ownership.

  56. Tex. Occupations Code Sec. 1201.201. DEFINITIONS. In this subchapter:

  57. Tex. Occupations Code Sec. 1201.202. APPLICATION OF CHAPTER TO CERTAIN CERTIFICATES OF TITLE OR LIENS.

  58. Tex. Occupations Code Sec. 1201.203. FORMS; RULES.

  59. Tex. Occupations Code Sec. 1201.204. MANUFACTURER'S CERTIFICATE.

  60. Tex. Occupations Code Sec. 1201.205. STATEMENT OF OWNERSHIP FORM. A statement of ownership must be evidenced by a board-approved form issued by the department setting forth:

  61. Tex. Occupations Code Sec. 1201.2055. ELECTION BY OWNER.

  62. Tex. Occupations Code Sec. 1201.206. APPLICATION FOR ISSUANCE OF STATEMENT OF OWNERSHIP.

  63. Tex. Occupations Code Sec. 1201.207. ISSUANCE OF STATEMENT OF OWNERSHIP.

  64. Tex. Occupations Code Sec. 1201.2071. EXEMPTION FOR CERTAIN EMERGENCY HOUSING.

  65. Tex. Occupations Code Sec. 1201.2075. CONVERSION FROM PERSONAL PROPERTY TO REAL PROPERTY.

  66. Tex. Occupations Code Sec. 1201.2076. CONVERSION FROM REAL PROPERTY TO PERSONAL PROPERTY.

  67. Tex. Occupations Code Sec. 1201.208. PAYMENT OF TAXES REQUIRED FOR ISSUANCE OF STATEMENT OF OWNERSHIP.

  68. Tex. Occupations Code Sec. 1201.209. GROUNDS FOR REFUSAL TO ISSUE OR FOR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP. The department may not refuse to issue a statement of ownership and may not suspend or revoke a statement of ownership unless:

  69. Tex. Occupations Code Sec. 1201.210. PROCEDURE FOR REFUSAL TO ISSUE OR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP.

  70. Tex. Occupations Code Sec. 1201.212. TRANSFER OF OWNERSHIP BY OPERATION OF LAW.

  71. Tex. Occupations Code Sec. 1201.213. ELIGIBILITY TO SIGN RIGHT OF SURVIVORSHIP AGREEMENT.

  72. Tex. Occupations Code Sec. 1201.2135. BENEFICIARY DESIGNATION.

  73. Tex. Occupations Code Sec. 1201.214. DOCUMENT OF TITLE; CERTIFICATE OF ATTACHMENT.

  74. Tex. Occupations Code Sec. 1201.216. CHANGE IN USE.

  75. Tex. Occupations Code Sec. 1201.217. MANUFACTURED HOME ABANDONED.

  76. Tex. Occupations Code Sec. 1201.219. PERFECTION, EFFECT, AND RELEASE OF LIENS.

  77. Tex. Occupations Code Sec. 1201.220. REPORT TO CHIEF APPRAISER.

  78. Tex. Occupations Code Sec. 1201.221. INFORMATION ON OWNERSHIP AND TAX LIEN.

  79. Tex. Occupations Code Sec. 1201.222. CERTAIN MANUFACTURED HOMES CONSIDERED REAL PROPERTY.

  80. Tex. Occupations Code Sec. 1201.251. STANDARDS AND REQUIREMENTS ADOPTED BY BOARD.

  81. Tex. Occupations Code Sec. 1201.252. POWER OF LOCAL GOVERNMENTAL UNIT TO ADOPT DIFFERENT STANDARD.

  82. Tex. Occupations Code Sec. 1201.253. HEARING ON STANDARD OR REQUIREMENT. The director shall publish notice and conduct a public hearing before:

  83. Tex. Occupations Code Sec. 1201.254. EFFECTIVE DATE OF REQUIREMENT OR STANDARD. Each requirement or standard that is adopted, modified, amended, or repealed by the board must state its effective date.

  84. Tex. Occupations Code Sec. 1201.255. INSTALLATION OF MANUFACTURED HOUSING.

  85. Tex. Occupations Code Sec. 1201.256. WIND ZONE REGULATIONS.

  86. Tex. Occupations Code Sec. 1201.301. STATE INSPECTORS.

  87. Tex. Occupations Code Sec. 1201.302. INSPECTION BY LOCAL GOVERNMENTAL UNITS.

  88. Tex. Occupations Code Sec. 1201.303. INSPECTIONS.

  89. Tex. Occupations Code Sec. 1201.304. INSPECTION SEARCH WARRANTS. If required by law or otherwise necessary, the director may obtain an inspection search warrant.

  90. Tex. Occupations Code Sec. 1201.305. PROGRAM MONITORING. The director may enter into a contract with the United States Department of Housing and Urban Development or its designee to monitor the programs of that department.

  91. Tex. Occupations Code Sec. 1201.351. MANUFACTURER'S WARRANTY.

  92. Tex. Occupations Code Sec. 1201.352. RETAILER'S WARRANTY ON A NEW HUD-CODE MANUFACTURED HOME.

  93. Tex. Occupations Code Sec. 1201.353. NOTICE OF NEED FOR WARRANTY SERVICE.

  94. Tex. Occupations Code Sec. 1201.354. CORRECTIVE ACTION REQUIRED. The manufacturer, retailer, or installer, as applicable, shall take appropriate corrective action within a reasonable period as required by department rules to fulfill the written warranty obligation.

  95. Tex. Occupations Code Sec. 1201.355. CONSUMER COMPLAINT HOME INSPECTION.

  96. Tex. Occupations Code Sec. 1201.356. REPORT AND ORDER; AMENDMENT; COMPLIANCE.

  97. Tex. Occupations Code Sec. 1201.357. FAILURE TO PROVIDE WARRANTY SERVICE.

  98. Tex. Occupations Code Sec. 1201.358. FAILURE TO SHOW GOOD CAUSE; HEARING RESULTS.

  99. Tex. Occupations Code Sec. 1201.359. APPLICATION OF WARRANTIES IF HUD-CODE MANUFACTURED HOME MOVED.

  100. Tex. Occupations Code Sec. 1201.360. WARRANTY FOR HUD-CODE MANUFACTURED HOME PERMANENTLY ATTACHED TO REAL PROPERTY.

  101. Tex. Occupations Code Sec. 1201.361. INSTALLER'S WARRANTY.

  102. Tex. Occupations Code Sec. 1201.362. INSPECTIONS NOT LIMITED; CORRECTIONS.

  103. Tex. Occupations Code Sec. 1201.401. MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM.

  104. Tex. Occupations Code Sec. 1201.404. CONSUMER COMPENSATION.

  105. Tex. Occupations Code Sec. 1201.405. LIMITATIONS ON CLAIMS.

  106. Tex. Occupations Code Sec. 1201.406. PROCEDURE FOR RECOVERY UNDER MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM.

  107. Tex. Occupations Code Sec. 1201.407. DISAGREEMENT OF PARTIES; INFORMAL DISPUTE RESOLUTION PROCESS.

  108. Tex. Occupations Code Sec. 1201.409. PAYMENT BY SURETY OR FROM OTHER SECURITY.

  109. Tex. Occupations Code Sec. 1201.410. INFORMATION ON RECOVERY UNDER MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. The director shall prepare information for notifying consumers of their rights to recover under the manufactured homeowner consumer claims program, shall post the information on the department's website, and shall make printed copies available on request.

  110. Tex. Occupations Code Sec. 1201.451. TRANSFER OF GOOD AND MARKETABLE TITLE REQUIRED.

  111. Tex. Occupations Code Sec. 1201.452. SEAL OR LABEL REQUIRED.

  112. Tex. Occupations Code Sec. 1201.453. HABITABILITY. Manufactured housing is habitable only if:

  113. Tex. Occupations Code Sec. 1201.454. HABITABILITY: PROHIBITED ALTERATION OR REPLACEMENT. A manufacturer, retailer, broker, installer, or lienholder may not repair or otherwise alter a used manufactured home or replace a component or system of a used manufactured home in a way that makes the home not habitable.

  114. Tex. Occupations Code Sec. 1201.455. WRITTEN DISCLOSURE AND WARRANTY OF HABITABILITY REQUIRED.

  115. Tex. Occupations Code Sec. 1201.456. HABITABILITY: EXCEPTION TO WARRANTY REQUIREMENT. The warranty requirement imposed by Section 1201.455 does not apply to a sale or exchange of a used manufactured home from one consumer to another.

  116. Tex. Occupations Code Sec. 1201.457. HABITABILITY: CHANGE TO OR FROM NONRESIDENTIAL USE OR SALVAGE.

  117. Tex. Occupations Code Sec. 1201.458. HABITABILITY: EXCEPTION FOR CERTAIN GOVERNMENTAL OR NONPROFIT ENTITIES.

  118. Tex. Occupations Code Sec. 1201.459. COMPLIANCE NOT REQUIRED FOR SALE FOR COLLECTION OF DELINQUENT TAXES.

  119. Tex. Occupations Code Sec. 1201.460. COMPLIANCE NOT REQUIRED FOR LIENHOLDER.

  120. Tex. Occupations Code Sec. 1201.461. SALVAGED MANUFACTURED HOME; CRIMINAL PENALTY.

  121. Tex. Occupations Code Sec. 1201.501. PROHIBITED CONSTRUCTION BY MANUFACTURER. A manufacturer may not construct a HUD-code manufactured home in this state for sale or resale unless the manufacturer:

  122. Tex. Occupations Code Sec. 1201.502. PROHIBITED SHIPPING BY MANUFACTURER. A manufacturer may not ship a HUD-code manufactured home into this state for sale or resale unless the manufacturer complies with:

  123. Tex. Occupations Code Sec. 1201.503. PROHIBITED ALTERATION. Before the sale to a consumer of a new manufactured home to which a label has been attached and before installation of the home, a manufacturer, retailer, broker, or installer may not alter the home or cause the home to be altered without obtaining prior written approval from a licensed engineer and providing evidence of such approval to the department.

  124. Tex. Occupations Code Sec. 1201.504. PROHIBITED SALE OR EXCHANGE.

  125. Tex. Occupations Code Sec. 1201.505. PROHIBITED PURCHASE. A retailer may not purchase for resale to a consumer a new HUD-code manufactured home that was constructed by a manufacturer who was not licensed by the department at the time of construction.

  126. Tex. Occupations Code Sec. 1201.506. CREDIT.

  127. Tex. Occupations Code Sec. 1201.507. FALSE OR MISLEADING INFORMATION.

  128. Tex. Occupations Code Sec. 1201.508. DOWN PAYMENT.

  129. Tex. Occupations Code Sec. 1201.509. PROHIBITED RETENTION OF DEPOSIT. A retailer, salesperson, or agent of the retailer may not refuse to refund a consumer's deposit except as provided by Section 1201.151.

  130. Tex. Occupations Code Sec. 1201.510. PROHIBITED INSTALLATION OF AIR CONDITIONING EQUIPMENT. A retailer or an installer may not contract with a person for the installation of air conditioning equipment in connection with the installation of a manufactured home unless the person is licensed by the state as an air conditioning and refrigeration contractor.

  131. Tex. Occupations Code Sec. 1201.511. PROHIBITED REAL ESTATE TRANSACTION.

  132. Tex. Occupations Code Sec. 1201.512. PROHIBITED DELIVERY OR INSTALLATION OF MANUFACTURED HOME.

  133. Tex. Occupations Code Sec. 1201.513. DISPOSITION OF TRADE-INS AND OCCUPANCY OF HOMES BEFORE CLOSING.

  134. Tex. Occupations Code Sec. 1201.551. DENIAL OF LICENSE; DISCIPLINARY ACTION.

  135. Tex. Occupations Code Sec. 1201.552. LICENSE REVOCATION, SUSPENSION, OR DENIAL; HEARING. The director may issue an order to revoke, suspend, or deny a new or renewal license. If, before the 31st day after an order revoking, suspending, or denying a license is issued, the person against whom the order is issued requests a hearing by giving written notice to the director, the director shall set a hearing before the State Office of Administrative Hearings. If the person does not request a hearing before the 31st day after the date the order is issued, the order becomes final. Any administrative proceedings relating to the revocation, suspension, or denial of a license under this subsection shall be a contested case under Chapter 2001, Government Code. The board shall issue an order after receiving a proposal for decision.

  136. Tex. Occupations Code Sec. 1201.553. JUDICIAL REVIEW. Judicial review of any order, decision, or determination of the board is instituted by filing a petition with a district court in Travis County as provided by Chapter 2001, Government Code.

  137. Tex. Occupations Code Sec. 1201.554. PROBATION. The department may place on probation a person whose license is suspended. If a license suspension is probated, the department may require the person to:

  138. Tex. Occupations Code Sec. 1201.601. ACTION AGAINST RETAILER OR MANUFACTURER: HOLDER OF DEBT INSTRUMENT.

  139. Tex. Occupations Code Sec. 1201.602. ACTION AGAINST MANUFACTURER, INSTALLER, OR RETAILER: ABATEMENT OR BAR.

  140. Tex. Occupations Code Sec. 1201.603. DECEPTIVE TRADE PRACTICES.

  141. Tex. Occupations Code Sec. 1201.604. CONSUMER RECOVERY FOR PROHIBITED RETENTION OF DEPOSIT. In addition to any other remedy, a consumer may recover from a retailer, salesperson, or agent of the retailer who violates Section 1201.151:

  142. Tex. Occupations Code Sec. 1201.6041. DIRECT CONSUMER COMPENSATION.

  143. Tex. Occupations Code Sec. 1201.605. ADMINISTRATIVE PENALTY.

  144. Tex. Occupations Code Sec. 1201.606. CRIMINAL PENALTY.

  145. Tex. Occupations Code Sec. 1201.607. ISSUANCE OF ORDERS AND REQUESTS FOR HEARINGS. Any order issued by the director under this chapter, if not appealed before the 31st day after the date the order was issued, shall automatically become a final order. If the person made the subject of the order files a written request for a hearing with the director, the order shall be deemed to have been appealed and shall be a contested case under Chapter 2001, Government Code. The director shall set any appealed order for a hearing before the State Office of Administrative Hearings, and the board shall issue a final order after receiving and reviewing the proposal for decision issued pursuant to such hearing.

  146. Tex. Occupations Code Sec. 1201.608. INSPECTION OF LICENSEE RECORDS.

  147. Tex. Occupations Code Sec. 1201.609. ACTING WITHOUT LICENSE; CRIMINAL PENALTY. A person who is not exempt under this chapter and who, without first obtaining a license required under this chapter, performs an act that requires a license under this chapter commits an offense. An offense under this section is a Class B misdemeanor. A second or subsequent conviction for an offense under this section is a Class A misdemeanor.

  148. Tex. Occupations Code Sec. 1201.610. CEASE AND DESIST.

  149. Tex. Occupations Code Sec. 1201.611. SANCTIONS AND PENALTIES.

Chapter 1202

  1. Tex. Occupations Code Sec. 1202.001. GENERAL DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 1202.002. DEFINITION OF INDUSTRIALIZED HOUSING.

  3. Tex. Occupations Code Sec. 1202.003. DEFINITION OF INDUSTRIALIZED BUILDING.

  4. Tex. Occupations Code Sec. 1202.004. RELOCATABLE EDUCATIONAL FACILITIES.

  5. Tex. Occupations Code Sec. 1202.051. COUNCIL MEMBERSHIP. The Texas Industrialized Building Code Council consists of 12 members appointed by the governor as follows:

  6. Tex. Occupations Code Sec. 1202.052. MEMBERSHIP RESTRICTIONS. An engineer or architect member of the council may not:

  7. Tex. Occupations Code Sec. 1202.053. TERMS. Council members serve staggered two-year terms, with the terms of half of the members expiring on February 1 of each even-numbered year and the terms of the other half of the members expiring on February 1 of each odd-numbered year.

  8. Tex. Occupations Code Sec. 1202.054. PRESIDING OFFICER. The council shall annually elect one of its members as the council's presiding officer.

  9. Tex. Occupations Code Sec. 1202.055. SECRETARY; PERSONNEL. The executive director shall:

  10. Tex. Occupations Code Sec. 1202.056. REIMBURSEMENT.

  11. Tex. Occupations Code Sec. 1202.057. QUORUM. The vote of at least seven members present at a meeting or the written approval of at least seven members is required for the council to take an action or make a decision.

  12. Tex. Occupations Code Sec. 1202.101. RULES; ORDERS.

  13. Tex. Occupations Code Sec. 1202.102. RULES PROVIDING FOR REGISTRATION AND REGULATION. The commission by rule shall provide for registration and regulation of manufacturers or builders of industrialized housing or buildings.

  14. Tex. Occupations Code Sec. 1202.104. FEES.

  15. Tex. Occupations Code Sec. 1202.105. APPROVAL OF THIRD-PARTY INSPECTORS AND DESIGN REVIEW AGENCIES.

  16. Tex. Occupations Code Sec. 1202.106. APPLICABILITY OF OTHER LAW. Sections 51.401 and 51.4041 do not apply to this chapter.

  17. Tex. Occupations Code Sec. 1202.107. LIMITATION ON CERTAIN ACTIONS.

  18. Tex. Occupations Code Sec. 1202.151. BUILDING CODES.

  19. Tex. Occupations Code Sec. 1202.152. BUILDING CODE AMENDMENT. If a code described by Section 1202.151 is amended after January 1, 1985, the requirements and standards of the amended code shall be used in place of the January 1, 1985, edition if the council determines that use of the amended code is:

  20. Tex. Occupations Code Sec. 1202.153. BUILDING CODE AMENDMENT: MUNICIPALITY OR OTHER POLITICAL SUBDIVISION.

  21. Tex. Occupations Code Sec. 1202.1535. EFFECT OF BUILDING CODE AMENDMENT.

  22. Tex. Occupations Code Sec. 1202.1536. OPTION TO CONSTRUCT CERTAIN INDUSTRIALIZED HOUSING IN ACCORDANCE WITH CERTAIN ENERGY EFFICIENCY PERFORMANCE STANDARDS.

  23. Tex. Occupations Code Sec. 1202.154. DESIGN REVIEW. To ensure compliance with the mandatory building codes, the department or approved design review agency shall review all designs, plans, and specifications of industrialized housing and buildings in accordance with council interpretations and instructions.

  24. Tex. Occupations Code Sec. 1202.155. COUNCIL STAMP OF APPROVAL.

  25. Tex. Occupations Code Sec. 1202.156. COUNCIL DETERMINATION OF CERTAIN QUESTIONS RELATED TO INDUSTRIALIZED HOUSING AND BUILDINGS.

  26. Tex. Occupations Code Sec. 1202.157. COUNCIL DECISIONS BINDING. The decisions, actions, and interpretations of the council are binding on the department, third-party inspectors, design review agencies, and municipalities and other political subdivisions.

  27. Tex. Occupations Code Sec. 1202.201. INSPECTION PROCEDURES. The council may issue instructions to establish procedures for inspecting the construction and installation of industrialized housing and buildings to ensure compliance with approved designs, plans, and specifications.

  28. Tex. Occupations Code Sec. 1202.202. DEPARTMENT INSPECTIONS.

  29. Tex. Occupations Code Sec. 1202.203. ON-SITE INSPECTIONS.

  30. Tex. Occupations Code Sec. 1202.204. RULES PROVIDING FOR DECALS OR INSIGNIA.

  31. Tex. Occupations Code Sec. 1202.205. RECIPROCITY.

  32. Tex. Occupations Code Sec. 1202.251. RESERVATION OF MUNICIPAL AUTHORITY.

  33. Tex. Occupations Code Sec. 1202.252. MUNICIPAL REGULATION OF INDUSTRIALIZED HOUSING AND BUILDINGS.

  34. Tex. Occupations Code Sec. 1202.253. MUNICIPAL REGULATION OF SINGLE-FAMILY AND DUPLEX INDUSTRIALIZED HOUSING.

  35. Tex. Occupations Code Sec. 1202.301. PROHIBITED PRACTICES.

  36. Tex. Occupations Code Sec. 1202.302. DENIAL OF CERTIFICATE; DISCIPLINARY ACTION. In addition to imposing sanctions allowed under Section 51.353, the commission may deny, permanently revoke, or suspend for a definite period and specified location or geographic area a certificate of registration if the commission finds that the applicant or registrant:

Chapter 1301

  1. Tex. Occupations Code Sec. 1301.001. SHORT TITLE. This chapter may be cited as the Plumbing License Law.

  2. Tex. Occupations Code Sec. 1301.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 1301.003. APPLICATION OF SUNSET ACT. The Texas State Board of Plumbing Examiners is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033.

  4. Tex. Occupations Code Sec. 1301.004. NONAPPLICABILITY OF LAW GOVERNING CANCELLATION OF CERTAIN TRANSACTIONS. Except as otherwise provided by this section, Chapter 601, Business & Commerce Code, does not apply to a good or service provided by a license holder under this chapter if the transaction involving the good or service is initiated by the consumer. Chapter 601, Business & Commerce Code, does apply to a transaction that involves a breach of express warranty or a negligent installation in violation of a building code applicable to the good or service sold to the consumer.

  5. Tex. Occupations Code Sec. 1301.051. PLUMBING BY PROPERTY OWNER IN HOMESTEAD. A property owner is not required to be licensed under this chapter to perform plumbing in the property owner's homestead.

  6. Tex. Occupations Code Sec. 1301.052. WORK INSIDE COUNTIES OR INSIDE OR OUTSIDE MUNICIPALITIES. A person is not required to be licensed under this chapter to perform plumbing, other than plumbing performed in conjunction with new construction, repair, or remodeling, on a property that is:

  7. Tex. Occupations Code Sec. 1301.053. WORK INCIDENTAL TO OTHER PROFESSIONS.

  8. Tex. Occupations Code Sec. 1301.054. IRRIGATORS AND WATER WELL PUMP INSTALLERS. A person is not required to be licensed under this chapter to perform plumbing if the person holds a:

  9. Tex. Occupations Code Sec. 1301.055. LP GAS INSTALLERS. A person is not required to be licensed under this chapter to perform LPG system installation if the person performs the LPG system installation as an LP gas installer licensed under Subchapter D, Chapter 113, Natural Resources Code.

  10. Tex. Occupations Code Sec. 1301.056. LAWN IRRIGATION SYSTEMS. A person licensed by the board is not required to be licensed by another board or agency to install or work on a lawn irrigation system.

  11. Tex. Occupations Code Sec. 1301.057. SELF-HELP PROJECT.

  12. Tex. Occupations Code Sec. 1301.058. TESTING OF MEDICAL GAS AND VACUUM PIPING. A person is not required to be licensed under this chapter to verify medical gas and vacuum piping integrity and content.

  13. Tex. Occupations Code Sec. 1301.059. WORK PERFORMED ON CERTAIN PRIVATE PROPERTY.

  14. Tex. Occupations Code Sec. 1301.151. TEXAS STATE BOARD OF PLUMBING EXAMINERS MEMBERSHIP.

  15. Tex. Occupations Code Sec. 1301.152. ELIGIBILITY OF PUBLIC MEMBERS. A person is not eligible for appointment as a public member of the board if the person or the person's spouse:

  16. Tex. Occupations Code Sec. 1301.153. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.

  17. Tex. Occupations Code Sec. 1301.154. TERMS. Board members serve staggered six-year terms.

  18. Tex. Occupations Code Sec. 1301.155. ISSUANCE OF COMMISSION. On presentation of the constitutional oath of office and a certificate of appointment, the secretary of state shall issue a commission to a board member as evidence of the person's authority to act as a board member.

  19. Tex. Occupations Code Sec. 1301.156. GROUNDS FOR REMOVAL.

  20. Tex. Occupations Code Sec. 1301.157. OFFICERS.

  21. Tex. Occupations Code Sec. 1301.158. PER DIEM; REIMBURSEMENT.

  22. Tex. Occupations Code Sec. 1301.159. TRAINING.

  23. Tex. Occupations Code Sec. 1301.201. EXECUTIVE DIRECTOR AND STAFF.

  24. Tex. Occupations Code Sec. 1301.202. CERTAIN PLUMBING EXAMINERS.

  25. Tex. Occupations Code Sec. 1301.203. FIELD REPRESENTATIVE; INSPECTIONS.

  26. Tex. Occupations Code Sec. 1301.204. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.

  27. Tex. Occupations Code Sec. 1301.205. EQUAL EMPLOYMENT OPPORTUNITY POLICY.

  28. Tex. Occupations Code Sec. 1301.207. STANDARDS OF CONDUCT. The executive director or the executive director's designee shall provide to members of the board and to agency employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.

  29. Tex. Occupations Code Sec. 1301.208. SEPARATION OF RESPONSIBILITIES. The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and the staff of the agency.

  30. Tex. Occupations Code Sec. 1301.251. GENERAL DUTIES OF BOARD. The board shall:

  31. Tex. Occupations Code Sec. 1301.252. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.

  32. Tex. Occupations Code Sec. 1301.253. FEES. The board shall set fees in amounts that are reasonable and necessary to cover the cost of administering this chapter.

  33. Tex. Occupations Code Sec. 1301.254. SEAL. The board shall have an official seal.

  34. Tex. Occupations Code Sec. 1301.255. ADOPTION OF PLUMBING CODES.

  35. Tex. Occupations Code Sec. 1301.256. SUBPOENA.

  36. Tex. Occupations Code Sec. 1301.258. ADVISORY COMMITTEES. The board may appoint advisory committees as it considers necessary. An advisory committee shall serve without compensation or reimbursement and is subject to Section 2110.008, Government Code.

  37. Tex. Occupations Code Sec. 1301.259. MEMORANDUM OF UNDERSTANDING.

  38. Tex. Occupations Code Sec. 1301.260. POLICY ON TECHNOLOGICAL SOLUTIONS. The board shall develop and implement a policy requiring the executive director and agency employees to research and propose appropriate technological solutions to improve the agency's ability to perform its functions. The technological solutions must:

  39. Tex. Occupations Code Sec. 1301.261. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION.

  40. Tex. Occupations Code Sec. 1301.262. PLUMBING INSPECTOR CODE OF CONDUCT. The board by rule shall establish a code of conduct for licensed plumbing inspectors. The code of conduct shall require a plumbing inspector to enforce this chapter and board rules in a consistent manner across job sites.

  41. Tex. Occupations Code Sec. 1301.263. EXAMINATION ADMINISTRATION AND CONTENT.

  42. Tex. Occupations Code Sec. 1301.301. CONSUMER INTEREST INFORMATION.

  43. Tex. Occupations Code Sec. 1301.3015. PUBLIC PARTICIPATION. The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the agency.

  44. Tex. Occupations Code Sec. 1301.302. CONTRACT INFORMATION; REQUIRED DOCUMENTS. A written proposal, invoice, or contract relating to plumbing services performed by or under the direction of a plumber licensed under this chapter must contain the name and license number of the responsible master plumber and the name, mailing address, and telephone number of the board. The person who performed the services shall give the customer an invoice or completed contract document on completion of the job, regardless of whether the person charged a fee for performing the services.

  45. Tex. Occupations Code Sec. 1301.303. COMPLAINTS.

  46. Tex. Occupations Code Sec. 1301.304. INVESTIGATION OF COMPLAINTS.

  47. Tex. Occupations Code Sec. 1301.305. PUBLIC ACCESS TO INFORMATION RELATING TO DISCIPLINARY ACTIONS.

  48. Tex. Occupations Code Sec. 1301.351. LICENSE, ENDORSEMENT, OR REGISTRATION REQUIRED.

  49. Tex. Occupations Code Sec. 1301.3515. CRIMINAL HISTORY RECORD INFORMATION FOR LICENSE ISSUANCE.

  50. Tex. Occupations Code Sec. 1301.352. EXAMINATION REQUIRED. The board shall issue a license or endorsement as a master plumber, journeyman plumber, plumbing inspector, tradesman plumber-limited license holder, medical gas piping installation endorsement holder, water supply protection specialist, or multipurpose residential fire protection sprinkler specialist to a person who demonstrates the fitness, competence, and qualifications to receive the license or endorsement by passing a uniform, reasonable examination.

  51. Tex. Occupations Code Sec. 1301.3521. EXAMINATION FEE REFUND.

  52. Tex. Occupations Code Sec. 1301.3522. EXAMINATION REVIEW COURSE.

  53. Tex. Occupations Code Sec. 1301.353. INSPECTOR CONFLICTS PROHIBITED. The board may not issue a plumbing inspector license to a person who has a financial or advisory interest in a plumbing company.

  54. Tex. Occupations Code Sec. 1301.354. PLUMBER'S APPRENTICE.

  55. Tex. Occupations Code Sec. 1301.3541. APPRENTICE REGISTRATION REQUIREMENTS. The board by rule may adopt registration requirements for plumber's apprentices, including training and education requirements.

  56. Tex. Occupations Code Sec. 1301.3542. CAREER AND TECHNOLOGY EDUCATION PROGRAM FOR TRADESMAN PLUMBER-LIMITED LICENSE; INSTRUCTORS.

  57. Tex. Occupations Code Sec. 1301.355. EXAMINATION RESULTS.

  58. Tex. Occupations Code Sec. 1301.356. ENDORSEMENT: MEDICAL GAS PIPING INSTALLATION.

  59. Tex. Occupations Code Sec. 1301.3565. ENDORSEMENT: MULTIPURPOSE RESIDENTIAL FIRE PROTECTION SPRINKLER SPECIALIST.

  60. Tex. Occupations Code Sec. 1301.357. ENDORSEMENT: WATER SUPPLY PROTECTION SPECIALIST.

  61. Tex. Occupations Code Sec. 1301.3575. REGISTRATION OF CERTAIN PERSONS. The board shall register a person who complies with this chapter as a drain cleaner, drain cleaner-restricted registrant, residential utilities installer, or plumber's apprentice.

  62. Tex. Occupations Code Sec. 1301.3576. CERTIFICATE OF INSURANCE FOR RESPONSIBLE MASTER PLUMBER. Before a master plumber works as a responsible master plumber, the master plumber must provide the board with a certificate of insurance that meets the requirements of Section 1301.552.

  63. Tex. Occupations Code Sec. 1301.3581. RECIPROCITY.

  64. Tex. Occupations Code Sec. 1301.3585. LICENSE ELIGIBILITY REQUIREMENTS FOR APPLICANTS WITH MILITARY EXPERIENCE.

  65. Tex. Occupations Code Sec. 1301.359. STATEWIDE VALIDITY OF LICENSE, ENDORSEMENT, OR REGISTRATION; NONTRANSFERABILITY.

  66. Tex. Occupations Code Sec. 1301.360. TEMPORARY LICENSE.

  67. Tex. Occupations Code Sec. 1301.401. ANNUAL RENEWAL REQUIRED; EXCEPTION.

  68. Tex. Occupations Code Sec. 1301.402. NOTICE OF LICENSE, ENDORSEMENT, OR REGISTRATION EXPIRATION.

  69. Tex. Occupations Code Sec. 1301.403. PROCEDURE FOR RENEWAL.

  70. Tex. Occupations Code Sec. 1301.404. MANDATORY CONTINUING PROFESSIONAL EDUCATION.

  71. Tex. Occupations Code Sec. 1301.405. MANDATORY TRAINING FOR DRAIN CLEANER, DRAIN CLEANER-RESTRICTED REGISTRANT, AND RESIDENTIAL UTILITIES INSTALLER.

  72. Tex. Occupations Code Sec. 1301.4055. PERIOD FOR COMPLETING CONTINUING EDUCATION. The board shall adopt rules to ensure that each holder of a license, registration, or endorsement has at least 12 months to complete any continuing education required for the renewal of the license, registration, or endorsement.

  73. Tex. Occupations Code Sec. 1301.406. TRANSFER OF LICENSE NUMBER.

  74. Tex. Occupations Code Sec. 1301.407. PROCEDURES FOR VERIFYING CERTAIN EXEMPTIONS. The board, in consultation with the State Board of Education and the Texas Higher Education Coordinating Board, as appropriate, may adopt rules as necessary to verify whether a person qualifies for an exemption from the required renewal fee, as described by Section 1301.401(c), or an exemption from required continuing professional education, as described by Section 1301.404(g), including rules providing for obtaining and evaluating written verification from the applicable school or institution of higher education of the person's provision of meaningful course instruction in a career and technology education program described by Section 1301.3542.

  75. Tex. Occupations Code Sec. 1301.451. DISCIPLINARY POWERS OF BOARD.

  76. Tex. Occupations Code Sec. 1301.452. GROUNDS FOR DISCIPLINARY ACTION.

  77. Tex. Occupations Code Sec. 1301.4521. CONSEQUENCES OF CRIMINAL CONVICTION.

  78. Tex. Occupations Code Sec. 1301.453. HEARING. A person is entitled to a hearing before the board if the board proposes to:

  79. Tex. Occupations Code Sec. 1301.454. ADMINISTRATIVE PROCEDURE. A proceeding under this subchapter is a contested case for purposes of Chapter 2001, Government Code.

  80. Tex. Occupations Code Sec. 1301.501. BACKFLOW PREVENTION.

  81. Tex. Occupations Code Sec. 1301.502. CITATION.

  82. Tex. Occupations Code Sec. 1301.503. ENFORCEMENT BY PLUMBING INSPECTOR. Each plumbing inspector shall enforce this chapter.

  83. Tex. Occupations Code Sec. 1301.504. INJUNCTION.

  84. Tex. Occupations Code Sec. 1301.5045. CEASE AND DESIST ORDER.

  85. Tex. Occupations Code Sec. 1301.506. APPEAL BOND NOT REQUIRED. The board is not required to post an appeal bond in an action arising under this chapter.

  86. Tex. Occupations Code Sec. 1301.507. CIVIL PENALTY. A person who violates this chapter or a rule, permit, or order of the board is subject to a civil penalty of not less than $50 or more than $1,000 for each act of violation and for each day of violation after notice is provided to the person.

  87. Tex. Occupations Code Sec. 1301.5071. INFORMAL SETTLEMENT CONFERENCE; RESTITUTION.

  88. Tex. Occupations Code Sec. 1301.508. CRIMINAL PENALTY.

  89. Tex. Occupations Code Sec. 1301.551. MUNICIPAL PLUMBING ORDINANCES AND PERMITS.

  90. Tex. Occupations Code Sec. 1301.552. CERTIFICATE OF INSURANCE FOR PLUMBING PERMIT IN POLITICAL SUBDIVISION. A political subdivision that requires a responsible master plumber or an agent of a responsible master plumber to obtain a permit before performing plumbing in the political subdivision shall verify through the board's Internet website, or by contacting the board by telephone, that the responsible master plumber has on file with the board a certificate of insurance. The certificate of insurance must:

  91. Tex. Occupations Code Sec. 1301.553. PLUMBING INSPECTIONS IN MUNICIPALITY THAT OVERLAPS ANOTHER POLITICAL SUBDIVISION. If the boundaries of a municipality and another political subdivision overlap, only the affected municipality may perform a plumbing inspection and collect a permit fee.

  92. Tex. Occupations Code Sec. 1301.651. DEFINITION. In this subchapter, "local workforce development board" means a board created under Subchapter F, Chapter 2308, Government Code.

  93. Tex. Occupations Code Sec. 1301.652. PUBLIC EDUCATION EFFORT.

  94. Tex. Occupations Code Sec. 1301.701. IMPOSITION OF PENALTY. The board may impose an administrative penalty on a person who violates this chapter or a rule or order adopted under this chapter.

  95. Tex. Occupations Code Sec. 1301.702. AMOUNT OF PENALTY.

  96. Tex. Occupations Code Sec. 1301.703. NOTICE OF VIOLATION AND PENALTY.

  97. Tex. Occupations Code Sec. 1301.704. PENALTY TO BE PAID OR HEARING REQUESTED.

  98. Tex. Occupations Code Sec. 1301.705. HEARING.

  99. Tex. Occupations Code Sec. 1301.706. DECISION BY BOARD.

  100. Tex. Occupations Code Sec. 1301.707. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.

  101. Tex. Occupations Code Sec. 1301.708. STAY OF ENFORCEMENT OF PENALTY.

  102. Tex. Occupations Code Sec. 1301.709. DECISION BY COURT.

  103. Tex. Occupations Code Sec. 1301.710. REMITTANCE OF PENALTY AND INTEREST.

  104. Tex. Occupations Code Sec. 1301.711. RELEASE OF BOND.

  105. Tex. Occupations Code Sec. 1301.712. COLLECTION OF PENALTY.

  106. Tex. Occupations Code Sec. 1301.713. ADMINISTRATIVE PROCEDURE. A proceeding to impose the penalty is considered to be a contested case under Chapter 2001, Government Code.

Chapter 1302

  1. Tex. Occupations Code Sec. 1302.001. SHORT TITLE. This chapter may be cited as the Air Conditioning and Refrigeration Contractor License Law.

  2. Tex. Occupations Code Sec. 1302.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 1302.003. NONAPPLICABILITY OF LAW GOVERNING CANCELLATION OF CERTAIN TRANSACTIONS. Except as otherwise provided by this section, Chapter 601, Business & Commerce Code, does not apply to a good or service provided by a license holder under this chapter if the transaction involving the good or service is initiated by the consumer. Chapter 601, Business & Commerce Code, does apply to a transaction that involves a breach of express warranty or a negligent installation in violation of a building code applicable to the good or service sold to the consumer.

  4. Tex. Occupations Code Sec. 1302.052. APPLICATION OF MUNICIPAL ORDINANCES. Work performed by a person who is exempt from this chapter is subject to any permit, inspection, or approval required by a municipal ordinance.

  5. Tex. Occupations Code Sec. 1302.053. HOMEOWNERS. This chapter does not apply to a person who engages in air conditioning and refrigeration contracting in a building owned solely by the person as the person's home.

  6. Tex. Occupations Code Sec. 1302.054. CERTAIN MAINTENANCE PERSONNEL. This chapter does not apply to a person who performs air conditioning and refrigeration maintenance work if:

  7. Tex. Occupations Code Sec. 1302.055. CERTAIN UTILITIES PERSONNEL. This chapter does not apply to a person who engages in air conditioning and refrigeration contracting and is regularly employed by a regulated electric or gas utility.

  8. Tex. Occupations Code Sec. 1302.056. ENGINEERS. This chapter does not apply to a person who is licensed as an engineer under Chapter 1001 and engages in air conditioning and refrigeration contracting work in connection with the business in which the person is employed but does not engage in that work for the public.

  9. Tex. Occupations Code Sec. 1302.057. INDUSTRIAL OPERATION PERSONNEL. This chapter does not apply to a person who is employed by an industrial operation, including a chemical plant, petrochemical plant, refinery, natural gas plant, or natural gas treating plant, and performs process cooling or heating work for the operation.

  10. Tex. Occupations Code Sec. 1302.058. CERTAIN PRODUCTS OR EQUIPMENT. This chapter does not apply to a person who engages in air conditioning and refrigeration contracting on:

  11. Tex. Occupations Code Sec. 1302.059. MOTOR VEHICLES. This chapter does not apply to a person who engages in or employs a person who engages in air conditioning services only on a motor vehicle or an MVAC-like appliance as defined by 40 C.F.R. Section 82.152.

  12. Tex. Occupations Code Sec. 1302.060. VENT HOODS. This chapter does not apply to a person who installs, repairs, or removes a vent hood of the type commonly used in residential or commercial kitchens.

  13. Tex. Occupations Code Sec. 1302.061. MANUFACTURED HOMES. This chapter does not apply to a person or entity licensed as a manufacturer, retailer, or installer under Chapter 1201 and engaged exclusively in air conditioning and refrigeration contracting for manufactured homes if the installation of air conditioning components at the site where the home will be occupied is performed by a person licensed under this chapter.

  14. Tex. Occupations Code Sec. 1302.063. NO EXEMPTION FOR CERTAIN PERSONS LICENSED UNDER OTHER LAW. A person who is licensed and engaged in business in this state as a plumber or who is regulated under Chapter 113, Natural Resources Code, may not engage or offer or attempt to engage in air conditioning and refrigeration contracting without a license under this chapter.

  15. Tex. Occupations Code Sec. 1302.064. TECHNOLOGY INTEGRATION. This chapter does not apply to a person licensed under Chapter 1702 of this code or Chapter 6002, Insurance Code, who sells, designs, or offers to sell or design a product or technology, including a burglar alarm or fire alarm, that is integrated with an air conditioning or refrigeration system if the sale, design, or offer does not include the installation of any part of an air conditioning or refrigeration system by that person.

  16. Tex. Occupations Code Sec. 1302.101. GENERAL POWERS AND DUTIES.

  17. Tex. Occupations Code Sec. 1302.1011. RULES. The commission shall adopt rules:

  18. Tex. Occupations Code Sec. 1302.1015. RULES REGARDING RENEWAL FEE AND CONTINUING EDUCATION EXEMPTIONS FOR CERTAIN LICENSE OR CERTIFICATION HOLDERS. The commission shall adopt rules waiving any applicable renewal fee and providing for a reduction in the number of hours of continuing education required to renew an air conditioning and refrigeration contractor license or air conditioning and refrigeration technician certification for a person who provides instruction in a career and technology education program described by Section 1302.5037.

  19. Tex. Occupations Code Sec. 1302.102. INSURANCE REQUIREMENTS.

  20. Tex. Occupations Code Sec. 1302.103. RULES REGARDING USE AND DISPLAY OF LICENSE. The commission, with the advice of the advisory board, shall adopt rules relating to the use, display, and advertisement of a license.

  21. Tex. Occupations Code Sec. 1302.104. CONTRACTS FOR ENFORCEMENT. The department may contract with another state agency or a political subdivision of the state to enforce this chapter and rules adopted under this chapter.

  22. Tex. Occupations Code Sec. 1302.105. PERSONNEL. The department may employ personnel necessary to administer this chapter.

  23. Tex. Occupations Code Sec. 1302.151. CONSUMER INTEREST INFORMATION.

  24. Tex. Occupations Code Sec. 1302.201. ADVISORY BOARD MEMBERSHIP. The air conditioning and refrigeration contractors advisory board consists of nine members appointed by the presiding officer of the commission with the commission's approval. One member of the advisory board must be a public member.

  25. Tex. Occupations Code Sec. 1302.202. APPOINTED MEMBERS.

  26. Tex. Occupations Code Sec. 1302.204. ADVISORY BOARD DUTIES.

  27. Tex. Occupations Code Sec. 1302.205. TERMS; VACANCY.

  28. Tex. Occupations Code Sec. 1302.206. PRESIDING OFFICER. The presiding officer of the commission, with the commission's approval, shall designate one member of the advisory board to serve as presiding officer of the board for two years.

  29. Tex. Occupations Code Sec. 1302.207. COMPENSATION; REIMBURSEMENT. An appointed advisory board member serves without compensation but is entitled to reimbursement for actual and necessary expenses incurred in performing functions as an advisory board member, subject to any applicable limitation on reimbursement provided by the General Appropriations Act.

  30. Tex. Occupations Code Sec. 1302.251. LICENSE REQUIRED.

  31. Tex. Occupations Code Sec. 1302.252. REQUIREMENT FOR AIR CONDITIONING AND REFRIGERATION CONTRACTING COMPANY.

  32. Tex. Occupations Code Sec. 1302.253. LICENSE CLASSIFICATIONS.

  33. Tex. Occupations Code Sec. 1302.254. LICENSE ENDORSEMENTS.

  34. Tex. Occupations Code Sec. 1302.255. ELIGIBILITY REQUIREMENTS.

  35. Tex. Occupations Code Sec. 1302.256. APPLICATION; FEE.

  36. Tex. Occupations Code Sec. 1302.257. EXAMINATIONS.

  37. Tex. Occupations Code Sec. 1302.260. ISSUANCE AND TERM OF LICENSE.

  38. Tex. Occupations Code Sec. 1302.261. TEMPORARY LICENSE. The commission by rule may provide for the issuance of a temporary air conditioning and refrigeration contracting license to an applicant who:

  39. Tex. Occupations Code Sec. 1302.262. NOTICE TO MUNICIPALITIES.

  40. Tex. Occupations Code Sec. 1302.263. LIMITATION ON LICENSE HOLDER. A person licensed as a contractor under this chapter may not:

  41. Tex. Occupations Code Sec. 1302.301. MUNICIPAL LICENSE. An air conditioning and refrigeration contractor license issued by a municipality of this state and that complies with the requirements of this subchapter is valid under the terms of the license within the municipality.

  42. Tex. Occupations Code Sec. 1302.302. MUNICIPAL LICENSE: ELIGIBILITY REQUIREMENTS. An applicant for a municipal license must:

  43. Tex. Occupations Code Sec. 1302.303. MUNICIPAL AIR CONDITIONING AND REFRIGERATION STANDARDS.

  44. Tex. Occupations Code Sec. 1302.304. MUNICIPAL FEES.

  45. Tex. Occupations Code Sec. 1302.401. DISCIPLINARY ACTION.

  46. Tex. Occupations Code Sec. 1302.402. ADMINISTRATIVE PROCEDURES. A proceeding for the denial of a license, certification, or registration application or disciplinary action and an appeal from that proceeding are governed by Chapter 2001, Government Code.

  47. Tex. Occupations Code Sec. 1302.451. EMERGENCY AND CEASE AND DESIST ORDERS.

  48. Tex. Occupations Code Sec. 1302.452. CITATIONS FOR CERTAIN VIOLATIONS.

  49. Tex. Occupations Code Sec. 1302.453. CRIMINAL PENALTY.

  50. Tex. Occupations Code Sec. 1302.501. REGISTRATION OR CERTIFICATION REQUIRED.

  51. Tex. Occupations Code Sec. 1302.502. EXEMPTION FOR CERTAIN STUDENTS. A person is not required to be registered or certified under this subchapter to act or offer to act as an air conditioning and refrigeration technician if the person:

  52. Tex. Occupations Code Sec. 1302.503. SUPERVISION REQUIREMENTS FOR TECHNICIANS AND MINORS.

  53. Tex. Occupations Code Sec. 1302.5035. REGISTRATION ELIGIBILITY REQUIREMENTS.

  54. Tex. Occupations Code Sec. 1302.5036. CERTIFICATION ELIGIBILITY REQUIREMENTS. To be eligible for an air conditioning and refrigeration technician certification, an applicant must:

  55. Tex. Occupations Code Sec. 1302.5037. CAREER AND TECHNOLOGY EDUCATION PROGRAM FOR TECHNICIAN CERTIFICATION; INSTRUCTORS.

  56. Tex. Occupations Code Sec. 1302.504. APPLICATION; FEE.

  57. Tex. Occupations Code Sec. 1302.505. ISSUANCE AND TERM OF REGISTRATION.

  58. Tex. Occupations Code Sec. 1302.5055. ISSUANCE AND TERM OF CERTIFICATION.

  59. Tex. Occupations Code Sec. 1302.506. TEMPORARY REGISTRATION.

  60. Tex. Occupations Code Sec. 1302.509. LIMITATIONS ON TECHNICIAN. A person registered or certified under this subchapter may not:

Chapter 1304

  1. Tex. Occupations Code Sec. 1304.001. SHORT TITLE. This chapter may be cited as the Service Contract Regulatory Act.

  2. Tex. Occupations Code Sec. 1304.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 1304.003. SERVICE CONTRACT.

  4. Tex. Occupations Code Sec. 1304.0035. CONTROLLING PERSON.

  5. Tex. Occupations Code Sec. 1304.004. EXEMPTIONS.

  6. Tex. Occupations Code Sec. 1304.0041. CERTAIN EXEMPT AGREEMENTS. This chapter does not apply to:

  7. Tex. Occupations Code Sec. 1304.005. EXEMPTIONS FROM CERTAIN OTHER LAWS. Marketing, selling, offering for sale, issuing, making, proposing to make, and administering a service contract are exempt from:

  8. Tex. Occupations Code Sec. 1304.0051. CONFIDENTIALITY OF CERTAIN INFORMATION.

  9. Tex. Occupations Code Sec. 1304.051. GENERAL INVESTIGATIVE POWER OF EXECUTIVE DIRECTOR.

  10. Tex. Occupations Code Sec. 1304.052. RULES. The commission shall adopt rules necessary to implement and administer this chapter.

  11. Tex. Occupations Code Sec. 1304.101. REGISTRATION REQUIRED; EXEMPTION FROM OTHER LICENSING REQUIREMENTS.

  12. Tex. Occupations Code Sec. 1304.102. APPLICATION FOR REGISTRATION OR RENEWAL; GENERAL REQUIREMENTS.

  13. Tex. Occupations Code Sec. 1304.1025. ADDITIONAL REGISTRATION AND RENEWAL REQUIREMENTS FOR PROVIDERS.

  14. Tex. Occupations Code Sec. 1304.103. REGISTRATION AND RENEWAL FEES.

  15. Tex. Occupations Code Sec. 1304.1035. IDENTITY RECOVERY SERVICE CONTRACT REPORT; FEE. Not later than the 30th day after the date each calendar quarter ends, a provider must report to the department the number of service contracts described by Section 1304.003(a)(2)(B) that were sold or issued to consumers in this state during the most recent calendar quarter and must submit a fee of $1 for each of those service contracts to the department. The report and fee are required only for a service contract that provides only for identity recovery services.

  16. Tex. Occupations Code Sec. 1304.104. INFORMATION CONCERNING NUMBER OF SERVICE CONTRACTS SOLD OR ISSUED. Information concerning the number of service contracts sold or issued by a provider that is submitted under Section 1304.103 or 1304.1035 is a trade secret to which Section 552.110, Government Code, applies.

  17. Tex. Occupations Code Sec. 1304.105. RENEWAL. The commission shall adopt rules regarding the renewal of a registration issued under this chapter.

  18. Tex. Occupations Code Sec. 1304.151. FINANCIAL SECURITY REQUIREMENTS; DISTRIBUTION OF FUNDS HELD IN TRUST.

  19. Tex. Occupations Code Sec. 1304.152. REIMBURSEMENT INSURANCE POLICY.

  20. Tex. Occupations Code Sec. 1304.1521. FINANCIAL SECURITY TRANSITION.

  21. Tex. Occupations Code Sec. 1304.153. APPOINTMENT AND RESPONSIBILITIES OF ADMINISTRATOR.

  22. Tex. Occupations Code Sec. 1304.1531. SERVICE CONTRACT SELLERS; RESPONSIBILITIES.

  23. Tex. Occupations Code Sec. 1304.154. PROVIDER REQUIREMENTS. A provider may not sell, offer for sale, or issue a service contract in this state unless the provider gives the service contract holder:

  24. Tex. Occupations Code Sec. 1304.155. PROVIDER RECORDS.

  25. Tex. Occupations Code Sec. 1304.156. FORM OF SERVICE CONTRACT AND REQUIRED DISCLOSURES.

  26. Tex. Occupations Code Sec. 1304.157. RESIDENTIAL SERVICE CONTRACTS.

  27. Tex. Occupations Code Sec. 1304.1581. CANCELLATION BY SERVICE CONTRACT HOLDER; REFUND.

  28. Tex. Occupations Code Sec. 1304.159. CANCELLATION BY PROVIDER; REFUND.

  29. Tex. Occupations Code Sec. 1304.160. LIMITATIONS ON PROVIDER NAME.

  30. Tex. Occupations Code Sec. 1304.161. PROHIBITED ACTS.

  31. Tex. Occupations Code Sec. 1304.201. DISCIPLINARY ACTION. On a finding that a ground for disciplinary action exists under this chapter, the commission or executive director may impose an administrative sanction or administrative penalty or seek a civil penalty or any other remedy as provided by this chapter and Chapter 51.

  32. Tex. Occupations Code Sec. 1304.202. INJUNCTIVE RELIEF; CIVIL PENALTY.

  33. Tex. Occupations Code Sec. 1304.203. MULTIPLE VIOLATIONS. For purposes of this subchapter, violations are of a similar nature if the violations consist of the same or a similar course of conduct, action, or practice, regardless of the number of times the conduct, act, or practice occurred.

  34. Tex. Occupations Code Sec. 1304.204. ADMINISTRATIVE PROCEDURE. Sections 51.305, 51.310, and 51.354 apply to disciplinary action taken under this chapter.

  35. Tex. Occupations Code Sec. 1304.205. REMEDY FOR SERVICE CONTRACT HOLDERS.

Chapter 1305

  1. Tex. Occupations Code Sec. 1305.001. SHORT TITLE. This chapter may be cited as the Texas Electrical Safety and Licensing Act.

  2. Tex. Occupations Code Sec. 1305.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 1305.003. EXEMPTIONS; APPLICATION OF CHAPTER.

  4. Tex. Occupations Code Sec. 1305.004. NONAPPLICABILITY OF LAW GOVERNING CANCELLATION OF CERTAIN TRANSACTIONS. Except as otherwise provided by this section, Chapter 601, Business & Commerce Code, does not apply to a good or service provided by a license holder under this chapter if the transaction involving the good or service is initiated by the consumer. Chapter 601, Business & Commerce Code, does apply to a transaction that involves a breach of express warranty or a negligent installation in violation of a building code applicable to the good or service sold to the consumer.

  5. Tex. Occupations Code Sec. 1305.051. ELECTRICAL SAFETY AND LICENSING ADVISORY BOARD.

  6. Tex. Occupations Code Sec. 1305.052. TERMS; VACANCIES.

  7. Tex. Occupations Code Sec. 1305.053. PRESIDING OFFICER. The presiding officer of the commission shall appoint one of the advisory board members to serve as presiding officer of the advisory board for a term of two years. The presiding officer of the advisory board may vote on any matter before the advisory board.

  8. Tex. Occupations Code Sec. 1305.054. COMPENSATION; REIMBURSEMENT OF EXPENSES. Advisory board members may not receive compensation but are entitled to reimbursement for actual and necessary expenses incurred in performing the functions of the advisory board, subject to the General Appropriations Act.

  9. Tex. Occupations Code Sec. 1305.101. GENERAL POWERS AND DUTIES.

  10. Tex. Occupations Code Sec. 1305.102. RULES.

  11. Tex. Occupations Code Sec. 1305.103. FEES. The commission shall establish and collect reasonable and necessary fees in amounts sufficient to cover the costs of administering this chapter.

  12. Tex. Occupations Code Sec. 1305.104. POWERS AND DUTIES OF ADVISORY BOARD. The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration and enforcement of this chapter, including examination content, licensing standards, electrical code requirements, and continuing education requirements.

  13. Tex. Occupations Code Sec. 1305.105. PERSONNEL. The department may employ personnel necessary to administer and enforce this chapter. The department shall employ an electrical occupations and code specialist to oversee the electrical licensing and safety program.

  14. Tex. Occupations Code Sec. 1305.151. LICENSE REQUIRED. Except as provided by Section 1305.003, a person or business may not perform or offer to perform electrical work or residential appliance installation unless the person or business holds an appropriate license issued or recognized under this chapter.

  15. Tex. Occupations Code Sec. 1305.152. APPLICATION REQUIREMENTS.

  16. Tex. Occupations Code Sec. 1305.153. MASTER ELECTRICIAN.

  17. Tex. Occupations Code Sec. 1305.154. MASTER SIGN ELECTRICIAN. An applicant for a license as a master sign electrician must:

  18. Tex. Occupations Code Sec. 1305.155. JOURNEYMAN ELECTRICIAN. An applicant for a license as a journeyman electrician must:

  19. Tex. Occupations Code Sec. 1305.156. JOURNEYMAN SIGN ELECTRICIAN. An applicant for a license as a journeyman sign electrician must:

  20. Tex. Occupations Code Sec. 1305.157. RESIDENTIAL WIREMAN. An applicant for a license as a residential wireman must:

  21. Tex. Occupations Code Sec. 1305.1575. CAREER AND TECHNOLOGY EDUCATION PROGRAM FOR RESIDENTIAL WIREMAN LICENSE; INSTRUCTORS.

  22. Tex. Occupations Code Sec. 1305.158. MAINTENANCE ELECTRICIAN. An applicant for a license as a maintenance electrician must:

  23. Tex. Occupations Code Sec. 1305.159. ELECTRICAL CONTRACTOR.

  24. Tex. Occupations Code Sec. 1305.160. ELECTRICAL SIGN CONTRACTOR.

  25. Tex. Occupations Code Sec. 1305.1601. JOURNEYMAN INDUSTRIAL ELECTRICIAN. An applicant for a license as a journeyman industrial electrician must:

  26. Tex. Occupations Code Sec. 1305.1605. JOURNEYMAN LINEMAN.

  27. Tex. Occupations Code Sec. 1305.161. APPRENTICE; TEMPORARY APPRENTICE.

  28. Tex. Occupations Code Sec. 1305.1615. EMERGENCY ELECTRICIAN LICENSE.

  29. Tex. Occupations Code Sec. 1305.1617. RESIDENTIAL APPLIANCE INSTALLER. An applicant for a license as a residential appliance installer must pass a residential appliance installer examination administered under this chapter.

  30. Tex. Occupations Code Sec. 1305.1618. RESIDENTIAL APPLIANCE INSTALLATION CONTRACTOR.

  31. Tex. Occupations Code Sec. 1305.162. EXAMINATIONS.

  32. Tex. Occupations Code Sec. 1305.163. EXAMINATION RESULTS.

  33. Tex. Occupations Code Sec. 1305.164. NONRESIDENT LICENSE APPLICANT. The executive director may issue a license under this chapter to an applicant who holds a license in another state and who submits a proper application and pays the required fees if the executive director determines that the applicant is licensed in a state with which there is an agreement to recognize licenses issued under this chapter.

  34. Tex. Occupations Code Sec. 1305.1645. LICENSE ELIGIBILITY REQUIREMENTS FOR APPLICANTS WITH MILITARY EXPERIENCE.

  35. Tex. Occupations Code Sec. 1305.165. LICENSE ISSUANCE; NONTRANSFERABILITY.

  36. Tex. Occupations Code Sec. 1305.166. DISPLAY OF LICENSE.

  37. Tex. Occupations Code Sec. 1305.167. LICENSE RENEWAL; FEE EXEMPTION.

  38. Tex. Occupations Code Sec. 1305.201. MUNICIPAL OR REGIONAL REGULATION.

  39. Tex. Occupations Code Sec. 1305.202. SCOPE OF MUNICIPAL OR REGIONAL LICENSE.

  40. Tex. Occupations Code Sec. 1305.251. GROUNDS FOR DENIAL OR DISCIPLINARY ACTION. A person is subject to denial of a license application or disciplinary action under Section 51.353 if the person violates:

  41. Tex. Occupations Code Sec. 1305.252. REQUESTED SUSPENSION BY LOCAL GOVERNMENT. A municipality or region may request suspension for just cause of the license under this chapter of a license holder working in its jurisdiction.

  42. Tex. Occupations Code Sec. 1305.253. HEARINGS; ADMINISTRATIVE PROCEDURE.

  43. Tex. Occupations Code Sec. 1305.254. NEW APPLICATION BY HOLDER OF REVOKED LICENSE. A license holder whose license has been revoked may apply for a new license after the first anniversary of the date of the revocation.

  44. Tex. Occupations Code Sec. 1305.301. ADMINISTRATIVE PENALTY.

  45. Tex. Occupations Code Sec. 1305.302. CEASE AND DESIST ORDER; INJUNCTION; CIVIL PENALTY.

  46. Tex. Occupations Code Sec. 1305.303. CRIMINAL PENALTY.

Chapter 1603

  1. Tex. Occupations Code Sec. 1603.001. GENERAL DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 1603.0011. PRACTICE OF BARBERING OR COSMETOLOGY.

  3. Tex. Occupations Code Sec. 1603.0012. SERVICES NOT CONSTITUTING BARBERING OR COSMETOLOGY. Barbering and cosmetology do not include:

  4. Tex. Occupations Code Sec. 1603.0013. APPLICATION OF CHAPTER. This chapter does not apply to a person who:

  5. Tex. Occupations Code Sec. 1603.002. REGULATION OF BARBERING AND COSMETOLOGY BY DEPARTMENT OF LICENSING AND REGULATION. The department shall administer this chapter. This chapter does not limit the department's or commission's general powers under Chapter 51.

  6. Tex. Occupations Code Sec. 1603.051. ADVISORY BOARD; MEMBERSHIP. The Barbering and Cosmetology Advisory Board consists of nine members appointed by the presiding officer of the commission, with the commission's approval, as follows:

  7. Tex. Occupations Code Sec. 1603.052. DUTIES OF ADVISORY BOARD.

  8. Tex. Occupations Code Sec. 1603.053. TERMS; VACANCY.

  9. Tex. Occupations Code Sec. 1603.054. PRESIDING OFFICER. The presiding officer of the commission shall appoint one of the advisory board members to serve as the presiding officer of the advisory board for a term of two years.

  10. Tex. Occupations Code Sec. 1603.101. RULES. The commission shall adopt rules consistent with this chapter for the administration of this chapter and the operations of the department in regulating barbering and cosmetology.

  11. Tex. Occupations Code Sec. 1603.102. SANITATION RULES. The commission shall establish sanitation rules to prevent the spread of an infectious or contagious disease.

  12. Tex. Occupations Code Sec. 1603.103. INSPECTION OF SCHOOLS BEFORE OPERATION.

  13. Tex. Occupations Code Sec. 1603.104. INSPECTIONS.

  14. Tex. Occupations Code Sec. 1603.1045. CONTRACT TO PERFORM INSPECTIONS. The department may contract with a person to perform for the department inspections of a school or establishment.

  15. Tex. Occupations Code Sec. 1603.105. RETENTION OF STUDENT RECORDS. The department may not retain student records, including student transcripts, beyond the time required by state law.

  16. Tex. Occupations Code Sec. 1603.106. CERTAIN BUILDING AND FACILITY STANDARDS PROHIBITED. The commission may not establish building or facility standards for a school that are not related to health and safety, including a requirement that a building or facility of the school have a specific:

  17. Tex. Occupations Code Sec. 1603.151. NOTIFICATION OF PUBLIC INTEREST INFORMATION AND PARTICIPATION. The commission by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the department for the purpose of directing complaints to the department regarding barbering and cosmetology. The department may provide for that notice:

  18. Tex. Occupations Code Sec. 1603.152. COMPLAINT JURISDICTION; NOTIFICATION. If the department determines that it lacks jurisdiction to resolve the complaint, the department shall notify the complainant in writing that the department is closing the complaint because it lacks jurisdiction.

  19. Tex. Occupations Code Sec. 1603.154. INFORMAL SETTLEMENT CONFERENCE. The department shall establish guidelines for an informal settlement conference related to a complaint filed with the department.

  20. Tex. Occupations Code Sec. 1603.2001. RULES FOR ISSUANCE OF LICENSE OR PERMIT.

  21. Tex. Occupations Code Sec. 1603.201. APPLICATION FORM. An application for a license or permit under this chapter must be made on a form prescribed by the department.

  22. Tex. Occupations Code Sec. 1603.202. DUPLICATE LICENSE OR PERMIT. The department shall issue a duplicate license or permit to an applicant who:

  23. Tex. Occupations Code Sec. 1603.2025. TEMPORARY LICENSE.

  24. Tex. Occupations Code Sec. 1603.203. PROVISIONAL LICENSE.

  25. Tex. Occupations Code Sec. 1603.204. SUBSTANTIALLY EQUIVALENT LICENSE.

  26. Tex. Occupations Code Sec. 1603.208. DIGITALLY PREARRANGED REMOTE SERVICES.

  27. Tex. Occupations Code Sec. 1603.209. INFECTIOUS AND CONTAGIOUS DISEASES.

  28. Tex. Occupations Code Sec. 1603.2101. INDIVIDUAL PRACTITIONER LICENSE OR STUDENT PERMIT REQUIRED; USE OF CERTAIN TERMS WITHOUT LICENSE PROHIBITED.

  29. Tex. Occupations Code Sec. 1603.2102. ISSUANCE OF INDIVIDUAL PRACTITIONER LICENSE. The department shall issue an individual practitioner license to an applicant who:

  30. Tex. Occupations Code Sec. 1603.2103. INDIVIDUAL PRACTITIONER LICENSES.

  31. Tex. Occupations Code Sec. 1603.2104. WAIVER OF CERTAIN LICENSE REQUIREMENTS.

  32. Tex. Occupations Code Sec. 1603.2105. STUDENT PERMIT.

  33. Tex. Occupations Code Sec. 1603.2106. TRANSFER OF LICENSE OR PERMIT PROHIBITED. A license or permit issued under this subchapter is not transferable.

  34. Tex. Occupations Code Sec. 1603.2107. DISPLAY OF LICENSE OR PERMIT.

  35. Tex. Occupations Code Sec. 1603.2108. LOCATION OF PRACTICE. A person holding a license or permit issued under this subchapter may practice barbering or cosmetology only at a licensed establishment or school.

  36. Tex. Occupations Code Sec. 1603.2109. SERVICE AT UNLICENSED LOCATION.

  37. Tex. Occupations Code Sec. 1603.2201. LICENSE REQUIRED.

  38. Tex. Occupations Code Sec. 1603.2202. ISSUANCE OF LICENSE. The department shall issue the applicable establishment license under this subchapter to an applicant if:

  39. Tex. Occupations Code Sec. 1603.2203. ESTABLISHMENT LICENSES.

  40. Tex. Occupations Code Sec. 1603.2204. TRANSFER OF LICENSE PROHIBITED. A license issued under this subchapter is not transferable.

  41. Tex. Occupations Code Sec. 1603.2205. USE OF ESTABLISHMENT AS SLEEPING QUARTERS PROHIBITED.

  42. Tex. Occupations Code Sec. 1603.2301. LICENSE REQUIRED. A person may not operate a school for instruction in the practice of barbering or cosmetology unless the person holds a license issued under this subchapter to operate the school.

  43. Tex. Occupations Code Sec. 1603.2302. ISSUANCE OF LICENSE. The department shall issue a license under this subchapter to an applicant who, as applicable:

  44. Tex. Occupations Code Sec. 1603.2303. SCHOOL LICENSES; INSTRUCTORS; ENFORCEMENT.

  45. Tex. Occupations Code Sec. 1603.2304. CHANGE OF SCHOOL OWNERSHIP OR LOCATION.

  46. Tex. Occupations Code Sec. 1603.2305. SIGNS REQUIRED. The holder of a school license shall place a sign on the front outside portion of the school's building in a prominent place that reads "SCHOOL--STUDENT PRACTITIONERS" in:

  47. Tex. Occupations Code Sec. 1603.2306. INFORMATION PROVIDED TO PROSPECTIVE STUDENT. The holder of a school license shall provide to each prospective student, as applicable:

  48. Tex. Occupations Code Sec. 1603.2307. COURSE LENGTH AND CURRICULUM CONTENT.

  49. Tex. Occupations Code Sec. 1603.2308. REQUIRED COURSES.

  50. Tex. Occupations Code Sec. 1603.2309. DAILY ATTENDANCE RECORDS.

  51. Tex. Occupations Code Sec. 1603.2310. INSTRUCTOR-TO-STUDENT RATIO. A licensed school must have at least one instructor for every 25 students on the school's premises.

  52. Tex. Occupations Code Sec. 1603.2311. REPORTS TO DEPARTMENT.

  53. Tex. Occupations Code Sec. 1603.2312. ADDITIONAL DUTIES OF LICENSE HOLDER. The holder of a school license shall:

  54. Tex. Occupations Code Sec. 1603.2313. TRANSFER OF HOURS OF INSTRUCTION.

  55. Tex. Occupations Code Sec. 1603.2314. IDENTIFICATION OF AND WORK PERFORMED BY STUDENT.

  56. Tex. Occupations Code Sec. 1603.252. GENERAL EXAMINATION REQUIREMENTS.

  57. Tex. Occupations Code Sec. 1603.253. WRITTEN EXAMINATION. The department shall select an examination for each written examination required under this chapter. The written examination must be:

  58. Tex. Occupations Code Sec. 1603.255. EARLY EXAMINATION. The commission by rule may allow for the early written examination of a student.

  59. Tex. Occupations Code Sec. 1603.256. PRACTICAL EXAMINATION.

  60. Tex. Occupations Code Sec. 1603.3001. LICENSE TERMS.

  61. Tex. Occupations Code Sec. 1603.3002. RENEWAL RULES.

  62. Tex. Occupations Code Sec. 1603.3003. ISSUANCE OF RENEWAL LICENSE. The department shall issue a renewal license on receipt of:

  63. Tex. Occupations Code Sec. 1603.3004. RENEWAL WHILE IN ARMED FORCES.

  64. Tex. Occupations Code Sec. 1603.301. DENIAL OF RENEWAL DUE TO ADMINISTRATIVE PENALTY. The department may deny a person's request to renew a license issued under this chapter if the person has not paid an administrative penalty imposed under Subchapter F, Chapter 51. This section does not apply if:

  65. Tex. Occupations Code Sec. 1603.302. CONTINUING EDUCATION REGARDING HUMAN TRAFFICKING. The commission shall adopt rules requiring a license holder to complete continuing education on identifying and assisting victims of human trafficking.

  66. Tex. Occupations Code Sec. 1603.351. MINIMUM CURRICULUM FOR SCHOOLS; DISTANCE EDUCATION.

  67. Tex. Occupations Code Sec. 1603.352. STERILIZATION REQUIREMENTS FOR CERTAIN SERVICES.

  68. Tex. Occupations Code Sec. 1603.353. EMPLOYMENT OF LICENSE HOLDER.

  69. Tex. Occupations Code Sec. 1603.354. NECESSARY EQUIPMENT. The owner, operator, or manager of a licensed establishment or school shall equip the establishment or school with the facilities, supplies, appliances, furnishings, and materials necessary to enable a person employed on the premises to comply with this chapter.

  70. Tex. Occupations Code Sec. 1603.355. DISPLAY OF LICENSE. A licensed school or establishment shall display the license in a conspicuous place in the school or establishment for which the license is issued.

  71. Tex. Occupations Code Sec. 1603.356. DISPLAY OF HUMAN TRAFFICKING INFORMATION.

  72. Tex. Occupations Code Sec. 1603.357. DISPLAY OF SANITATION RULES. A licensed school or establishment shall display a copy of the commission's sanitation rules.

  73. Tex. Occupations Code Sec. 1603.358. OPERATION OF ESTABLISHMENT AND SCHOOL ON SINGLE PREMISES. A person may not operate an establishment on the same premises as a school unless the facilities are separated by walls of permanent construction without an opening between the facilities.

  74. Tex. Occupations Code Sec. 1603.3601. CANCELLATION AND SETTLEMENT POLICY. The holder of a private postsecondary school license shall maintain a cancellation and settlement policy that provides a full refund of money paid by a student if the student:

  75. Tex. Occupations Code Sec. 1603.3602. REFUND POLICY.

  76. Tex. Occupations Code Sec. 1603.3603. WITHDRAWAL OR TERMINATION OF STUDENT.

  77. Tex. Occupations Code Sec. 1603.3604. INTEREST ON REFUND.

  78. Tex. Occupations Code Sec. 1603.3605. REENTRY OF STUDENT AFTER WITHDRAWAL. If a student voluntarily withdraws or is terminated after completing 50 percent of the course at a private postsecondary school, the school shall allow the student to reenter at any time during the 48-month period following the date of withdrawal or termination unless the student presents a danger to the other students or staff of the school.

  79. Tex. Occupations Code Sec. 1603.3606. EFFECT OF STUDENT WITHDRAWAL.

  80. Tex. Occupations Code Sec. 1603.3607. EFFECT OF PRIVATE POSTSECONDARY SCHOOL CLOSURE.

  81. Tex. Occupations Code Sec. 1603.3608. BARBERING AND COSMETOLOGY SCHOOL TUITION PROTECTION ACCOUNT.

  82. Tex. Occupations Code Sec. 1603.3609. RULES. The commission by rule may:

  83. Tex. Occupations Code Sec. 1603.401. DENIAL, SUSPENSION, OR REVOCATION. The department may deny an application for issuance or renewal of, or may suspend or revoke, a license or permit if the applicant or person holding the license or permit:

  84. Tex. Occupations Code Sec. 1603.453. APPEAL BOND NOT REQUIRED. The department is not required to give an appeal bond in a cause arising under this chapter.

  85. Tex. Occupations Code Sec. 1603.454. ENFORCEMENT BY ATTORNEY GENERAL. The attorney general shall represent the department in an action to enforce this chapter.

Chapter 1701

  1. Tex. Occupations Code Sec. 1701.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 1701.002. APPLICATION OF SUNSET ACT. The Texas Commission on Law Enforcement is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2031.

  3. Tex. Occupations Code Sec. 1701.003. APPLICATION OF CHAPTER.

  4. Tex. Occupations Code Sec. 1701.004. REFERENCE TO COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION. A reference in law to the Commission on Law Enforcement Officer Standards and Education or the Texas Commission on Law Enforcement Officer Standards and Education means the Texas Commission on Law Enforcement.

  5. Tex. Occupations Code Sec. 1701.051. COMMISSION MEMBERSHIP.

  6. Tex. Occupations Code Sec. 1701.052. ELIGIBILITY OF PUBLIC MEMBERS. A person is not eligible for appointment as a public member of the commission if the person or the person's spouse:

  7. Tex. Occupations Code Sec. 1701.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.

  8. Tex. Occupations Code Sec. 1701.054. TERMS; VACANCY.

  9. Tex. Occupations Code Sec. 1701.055. OFFICERS; QUORUM; VOTING.

  10. Tex. Occupations Code Sec. 1701.056. GROUNDS FOR REMOVAL.

  11. Tex. Occupations Code Sec. 1701.057. COMPENSATION; REIMBURSEMENT.

  12. Tex. Occupations Code Sec. 1701.058. MEETINGS.

  13. Tex. Occupations Code Sec. 1701.059. TRAINING.

  14. Tex. Occupations Code Sec. 1701.060. APPLICATION OF OPEN RECORDS LAW AND ADMINISTRATIVE PROCEDURE LAW. Except as provided by Sections 1701.502 and 1701.503, the commission is subject to Chapters 551 and 2001, Government Code.

  15. Tex. Occupations Code Sec. 1701.101. EXECUTIVE DIRECTOR. The commission may employ an executive director.

  16. Tex. Occupations Code Sec. 1701.102. PERSONNEL. The commission may employ personnel necessary to perform commission functions.

  17. Tex. Occupations Code Sec. 1701.103. DIVISION OF RESPONSIBILITIES. The commission shall develop and implement policies that clearly define the policy-making responsibilities of the commission and the management responsibilities of the executive director and the staff of the commission.

  18. Tex. Occupations Code Sec. 1701.104. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The executive director or the executive director's designee shall provide, as often as necessary, to the commission's members and employees information regarding their:

  19. Tex. Occupations Code Sec. 1701.105. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.

  20. Tex. Occupations Code Sec. 1701.106. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT.

  21. Tex. Occupations Code Sec. 1701.151. GENERAL POWERS OF COMMISSION; RULEMAKING AUTHORITY. The commission may:

  22. Tex. Occupations Code Sec. 1701.152. RULES RELATING TO HIRING DATE OF PEACE OFFICER. The commission may not adopt or enforce a rule that sets the date of appointment of a peace officer at a later date than the date that appears on employment records of the hiring law enforcement agency.

  23. Tex. Occupations Code Sec. 1701.1521. USE OF TECHNOLOGY. The commission shall implement a policy requiring the commission to use appropriate technological solutions to improve the commission's ability to perform its functions. The policy must ensure that the public is able to interact with the commission on the Internet.

  24. Tex. Occupations Code Sec. 1701.1522. ALTERNATIVE DISPUTE RESOLUTION.

  25. Tex. Occupations Code Sec. 1701.1523. ELECTRONIC SUBMISSION OF FORMS, DATA, AND DOCUMENTS. The commission by rule shall:

  26. Tex. Occupations Code Sec. 1701.1524. RULES RELATING TO CONSEQUENCES OF CRIMINAL CONVICTION OR DEFERRED ADJUDICATION.

  27. Tex. Occupations Code Sec. 1701.1525. RULES RELATED TO ACCEPTANCE OF CREDIT HOURS FOR COMPLETION OF CERTAIN HIGH SCHOOL COURSES.

  28. Tex. Occupations Code Sec. 1701.153. REPORTS FROM AGENCIES AND SCHOOLS.

  29. Tex. Occupations Code Sec. 1701.154. FEES. The commission may establish reasonable and necessary fees for the administration of this chapter, including reasonable and necessary fees for the administration of Section 1701.257.

  30. Tex. Occupations Code Sec. 1701.155. GIFTS AND GRANTS. The commission may accept grants or gifts from private individuals, foundations, or the federal government.

  31. Tex. Occupations Code Sec. 1701.156. LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION FUND.

  32. Tex. Occupations Code Sec. 1701.157. MONEY ALLOCATED AND USED FOR TRAINING OR CONTINUING EDUCATION.

  33. Tex. Occupations Code Sec. 1701.159. ACTIVE AND INACTIVE PEACE OFFICERS.

  34. Tex. Occupations Code Sec. 1701.160. AUTHORITY TO COMMISSION INVESTIGATORS AS PEACE OFFICERS.

  35. Tex. Occupations Code Sec. 1701.161. PROVISION OF STATE FLAG TO NEXT OF KIN OF DECEASED PEACE OFFICER.

  36. Tex. Occupations Code Sec. 1701.162. RECORDS AND AUDIT REQUIREMENTS.

  37. Tex. Occupations Code Sec. 1701.163. MINIMUM STANDARDS FOR LAW ENFORCEMENT AGENCIES.

  38. Tex. Occupations Code Sec. 1701.164. COLLECTION OF CERTAIN INCIDENT-BASED DATA SUBMITTED BY LAW ENFORCEMENT AGENCIES. The commission shall collect and maintain incident-based data submitted to the commission under Article 2B.0055, Code of Criminal Procedure, including incident-based data compiled by a law enforcement agency from reports received by the law enforcement agency under Article 2B.0054 of that code. The commission in consultation with the Department of Public Safety, the Bill Blackwood Law Enforcement Management Institute of Texas, the W. W. Caruth, Jr., Police Institute at Dallas, and the Texas Police Chiefs Association shall develop guidelines for submitting in a standard format the report containing incident-based data as required by Article 2B.0055, Code of Criminal Procedure.

  39. Tex. Occupations Code Sec. 1701.165. ADVISORY COMMITTEES.

  40. Tex. Occupations Code Sec. 1701.166. SUBPOENA.

  41. Tex. Occupations Code Sec. 1701.167. POLICY REGARDING EXAMINATION OF LICENSE HOLDER OR APPLICANT.

  42. Tex. Occupations Code Sec. 1701.168. LICENSING STATUS DATABASE.

  43. Tex. Occupations Code Sec. 1701.169. LAW ENFORCEMENT DATABASE. The commission shall designate one or more national law enforcement databases that a law enforcement agency must access to complete the preemployment background check required under Sections 1701.303(a), 1701.3035, and 1701.451(a). A database designated under this section must be as comprehensive as possible.

  44. Tex. Occupations Code Sec. 1701.170. SUBMISSION OF REVOKED LICENSE TO NATIONAL DATABASE.

  45. Tex. Occupations Code Sec. 1701.201. PUBLIC INTEREST INFORMATION.

  46. Tex. Occupations Code Sec. 1701.202. COMPLAINTS.

  47. Tex. Occupations Code Sec. 1701.203. RECORDS OF COMPLAINTS.

  48. Tex. Occupations Code Sec. 1701.2035. TRACKING AND ANALYSIS OF COMPLAINT AND VIOLATION DATA.

  49. Tex. Occupations Code Sec. 1701.204. PUBLIC PARTICIPATION.

  50. Tex. Occupations Code Sec. 1701.205. OFFICER PERSONAL SERVICE REPORTS.

  51. Tex. Occupations Code Sec. 1701.251. TRAINING PROGRAMS; INSTRUCTORS.

  52. Tex. Occupations Code Sec. 1701.2515. CERTIFICATE REQUIRED TO PROVIDE ACTIVE SHOOTER TRAINING AT PUBLIC SCHOOLS AND INSTITUTIONS OF HIGHER EDUCATION.

  53. Tex. Occupations Code Sec. 1701.252. PROGRAM AND SCHOOL REQUIREMENTS; ADVISORY BOARD.

  54. Tex. Occupations Code Sec. 1701.253. SCHOOL CURRICULUM.

  55. Tex. Occupations Code Sec. 1701.254. RISK ASSESSMENT AND INSPECTIONS.

  56. Tex. Occupations Code Sec. 1701.255. ENROLLMENT QUALIFICATIONS.

  57. Tex. Occupations Code Sec. 1701.2551. BASIC PEACE OFFICER TRAINING COURSE.

  58. Tex. Occupations Code Sec. 1701.256. INSTRUCTION IN WEAPONS PROFICIENCY REQUIRED. A peace officer training program under Section 1701.251(a) must provide instruction in weapons proficiency.

  59. Tex. Occupations Code Sec. 1701.2561. FIREARMS TRAINING FOR COUNTY JAILERS.

  60. Tex. Occupations Code Sec. 1701.257. FIREARMS TRAINING PROGRAM FOR SUPERVISION OFFICERS.

  61. Tex. Occupations Code Sec. 1701.258. EDUCATION AND TRAINING PROGRAMS ON TRAFFICKING OF PERSONS.

  62. Tex. Occupations Code Sec. 1701.2581. VOLUNTARY ADVANCED EDUCATION AND TRAINING PROGRAM ON MISSING CHILDREN AND MISSING PERSONS. The commission shall make available to each officer a voluntary advanced education and training program on missing children and missing persons. The program must include instruction on the associated reporting requirements under Chapter 63, Code of Criminal Procedure.

  63. Tex. Occupations Code Sec. 1701.259. FIREARMS TRAINING PROGRAM FOR JUVENILE PROBATION OFFICERS.

  64. Tex. Occupations Code Sec. 1701.260. TRAINING FOR HOLDERS OF LICENSE TO CARRY A HANDGUN; CERTIFICATION OF ELIGIBILITY FOR APPOINTMENT AS SCHOOL MARSHAL.

  65. Tex. Occupations Code Sec. 1701.261. CANINE ENCOUNTER TRAINING PROGRAM.

  66. Tex. Occupations Code Sec. 1701.262. TRAINING FOR SCHOOL DISTRICT PEACE OFFICERS AND SCHOOL RESOURCE OFFICERS.

  67. Tex. Occupations Code Sec. 1701.263. EDUCATION AND TRAINING PROGRAM FOR SCHOOL DISTRICT PEACE OFFICERS AND SCHOOL RESOURCE OFFICERS.

  68. Tex. Occupations Code Sec. 1701.264. ACQUIRED AND TRAUMATIC BRAIN INJURIES TRAINING.

  69. Tex. Occupations Code Sec. 1701.265. TRAUMA AFFECTED VETERANS TRAINING.

  70. Tex. Occupations Code Sec. 1701.266. TRAINING PROGRAM RELATING TO CHILD SAFETY CHECK ALERT LIST.

  71. Tex. Occupations Code Sec. 1701.267. TRAINING PROGRAM FOR COURT SECURITY OFFICERS.

  72. Tex. Occupations Code Sec. 1701.268. CIVILIAN INTERACTION TRAINING PROGRAM.

  73. Tex. Occupations Code Sec. 1701.269. TRAINING PROGRAM AND POLICIES FOR PEACE OFFICERS.

  74. Tex. Occupations Code Sec. 1701.270. REQUIRED POLICIES FOR LAW ENFORCEMENT AGENCIES. Not later than the 180th day after the date the commission provides the model policies described by Section 1701.269(b), each law enforcement agency in this state shall adopt a policy on the topics described by that subsection. A law enforcement agency may adopt the model policies developed by the commission under that subsection.

  75. Tex. Occupations Code Sec. 1701.271. TRAINING PROGRAM RELATING TO COUNTY JAILER INTERACTIONS WITH PERSONS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES.

  76. Tex. Occupations Code Sec. 1701.272. TRAINING PROGRAM ON RESPONDING TO SEXUAL ABUSE OR ASSAULT.

  77. Tex. Occupations Code Sec. 1701.273. TRAINING ON INCIDENT RESPONSE AND COMMAND.

  78. Tex. Occupations Code Sec. 1701.301. LICENSE REQUIRED. Except as provided by Sections 1701.310, 1701.311, and 1701.405, a person may not appoint or employ a person to serve as an officer, county jailer, school marshal, public security officer, or telecommunicator unless the person holds an appropriate license issued by the commission.

  79. Tex. Occupations Code Sec. 1701.302. CERTAIN ELECTED LAW ENFORCEMENT OFFICERS; LICENSE REQUIRED.

  80. Tex. Occupations Code Sec. 1701.303. LICENSE APPLICATION; DUTIES OF APPOINTING ENTITY.

  81. Tex. Occupations Code Sec. 1701.3035. OUT-OF-STATE LICENSE HOLDERS.

  82. Tex. Occupations Code Sec. 1701.304. EXAMINATION.

  83. Tex. Occupations Code Sec. 1701.305. EXAMINATION RESULTS.

  84. Tex. Occupations Code Sec. 1701.306. PSYCHOLOGICAL AND PHYSICAL EXAMINATION.

  85. Tex. Occupations Code Sec. 1701.307. ISSUANCE OF OFFICER OR COUNTY JAILER LICENSE.

  86. Tex. Occupations Code Sec. 1701.3071. ISSUANCE OF TELECOMMUNICATOR LICENSE.

  87. Tex. Occupations Code Sec. 1701.3075. QUALIFIED APPLICANT AWAITING APPOINTMENT.

  88. Tex. Occupations Code Sec. 1701.308. WEAPONS PROFICIENCY. The commission shall require a person applying for a peace officer license to demonstrate weapons proficiency.

  89. Tex. Occupations Code Sec. 1701.309. AGE REQUIREMENT. The commission by rule shall set 21 years of age as the minimum age for obtaining a license as an officer. The rules must provide that a person at least 18 years of age may be issued a license as an officer if the person has:

  90. Tex. Occupations Code Sec. 1701.3095. LICENSING OF CERTAIN VETERANS WHO ARE LEGAL PERMANENT RESIDENTS. The commission shall issue a license the commission is authorized to issue to a person who is a legal permanent resident of the United States if the person:

  91. Tex. Occupations Code Sec. 1701.310. APPOINTMENT OF COUNTY JAILER; TRAINING REQUIRED.

  92. Tex. Occupations Code Sec. 1701.311. PROVISIONAL LICENSE FOR WORKFORCE SHORTAGE.

  93. Tex. Occupations Code Sec. 1701.312. DISQUALIFICATION: FELONY CONVICTION OR PLACEMENT ON COMMUNITY SUPERVISION.

  94. Tex. Occupations Code Sec. 1701.313. DISQUALIFICATION: CONVICTION OF BARRATRY.

  95. Tex. Occupations Code Sec. 1701.3135. DISQUALIFICATION: REVOCATION OR SUSPENSION IN ANOTHER STATE. A person is disqualified to be an officer, and the commission may not issue an officer license to the person, if the person has been issued a license or other authorization to act as an officer in another state and, at the time the person applies for a license in this state, that license or authorization is revoked or suspended for a reason that would be grounds for the commission to revoke or suspend a license in this state.

  96. Tex. Occupations Code Sec. 1701.314. EXEMPTION: OFFICER APPOINTED BEFORE SEPTEMBER 1, 1970. A peace officer serving under a permanent appointment before September 1, 1970, is not required to obtain a license as a condition of tenure, continued employment, or promotion unless the officer seeks a new appointment. The officer is eligible to attend peace officer training courses subject to commission rules.

  97. Tex. Occupations Code Sec. 1701.315. LICENSE REQUIREMENTS FOR PERSONS WITH MILITARY SPECIAL FORCES TRAINING.

  98. Tex. Occupations Code Sec. 1701.316. REACTIVATION OF PEACE OFFICER LICENSE.

  99. Tex. Occupations Code Sec. 1701.3161. REACTIVATION OF PEACE OFFICER LICENSE: RETIRED PEACE OFFICERS.

  100. Tex. Occupations Code Sec. 1701.317. LIMITATION ON INFORMATION REQUIRED FOR LICENSE RENEWAL.The requirements and procedures adopted by the commission for the renewal of a license issued under this chapter:

  101. Tex. Occupations Code Sec. 1701.318. CERTIFICATION REQUIRED FOR PEACE OFFICERS TO CONDUCT POLYGRAPH EXAMINATIONS.

  102. Tex. Occupations Code Sec. 1701.351. CONTINUING EDUCATION REQUIRED FOR PEACE OFFICERS.

  103. Tex. Occupations Code Sec. 1701.352. CONTINUING EDUCATION PROGRAMS.

  104. Tex. Occupations Code Sec. 1701.3525. ACTIVE SHOOTER RESPONSE TRAINING REQUIRED FOR OFFICERS.

  105. Tex. Occupations Code Sec. 1701.3526. CONTINUING EDUCATION ON INCIDENT RESPONSE AND COMMAND.

  106. Tex. Occupations Code Sec. 1701.353. CONTINUING EDUCATION PROCEDURES.

  107. Tex. Occupations Code Sec. 1701.354. CONTINUING EDUCATION FOR DEPUTY CONSTABLES.

  108. Tex. Occupations Code Sec. 1701.3545. INITIAL TRAINING AND CONTINUING EDUCATION FOR CONSTABLES.

  109. Tex. Occupations Code Sec. 1701.355. CONTINUING DEMONSTRATION OF WEAPONS PROFICIENCY.

  110. Tex. Occupations Code Sec. 1701.356. CERTAIN OFFICERS: REACTIVATION AND CONTINUING EDUCATION NOT REQUIRED.

  111. Tex. Occupations Code Sec. 1701.357. WEAPONS PROFICIENCY FOR QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS.

  112. Tex. Occupations Code Sec. 1701.358. INITIAL TRAINING AND CONTINUING EDUCATION FOR POLICE CHIEFS. A police chief shall complete the initial training and continuing education required under Section 96.641, Education Code.

  113. Tex. Occupations Code Sec. 1701.359. BORDER OPERATIONS TRAINING PROGRAM. The commission may:

  114. Tex. Occupations Code Sec. 1701.401. PROFESSIONAL ACHIEVEMENT.

  115. Tex. Occupations Code Sec. 1701.402. PROFICIENCY CERTIFICATES.

  116. Tex. Occupations Code Sec. 1701.403. INVESTIGATIVE HYPNOSIS.

  117. Tex. Occupations Code Sec. 1701.404. CERTIFICATION OF OFFICERS FOR MENTAL HEALTH ASSIGNMENTS.

  118. Tex. Occupations Code Sec. 1701.4045. CERTIFICATION OF OFFICERS FOR FAMILY VIOLENCE AND SEXUAL ASSAULT ASSIGNMENTS.

  119. Tex. Occupations Code Sec. 1701.405. TELECOMMUNICATORS.

  120. Tex. Occupations Code Sec. 1701.451. PREEMPLOYMENT PROCEDURE.

  121. Tex. Occupations Code Sec. 1701.452. EMPLOYMENT TERMINATION REPORT.

  122. Tex. Occupations Code Sec. 1701.4522. MISCONDUCT INVESTIGATION AND HIRING PROCEDURES.

  123. Tex. Occupations Code Sec. 1701.453. MAINTENANCE OF REPORTS. The commission shall maintain a copy of each report submitted to the commission under this subchapter until at least the 10th anniversary of the date on which the report is submitted.

  124. Tex. Occupations Code Sec. 1701.4535. PERSONNEL FILE.

  125. Tex. Occupations Code Sec. 1701.454. CONFIDENTIALITY.

  126. Tex. Occupations Code Sec. 1701.455. SUBPOENA. Information submitted to the commission under this subchapter is subject to subpoena only in a judicial proceeding.

  127. Tex. Occupations Code Sec. 1701.456. IMMUNITY FROM LIABILITY.

  128. Tex. Occupations Code Sec. 1701.457. LIMITATION ON COMMISSION AUTHORITY. This subchapter does not authorize the commission to review disciplinary action taken by a law enforcement agency against a person licensed under this chapter or to issue a subpoena to compel the production of a document prepared or maintained by the agency in connection with a disciplinary matter.

  129. Tex. Occupations Code Sec. 1701.458. VENUE. Venue for the prosecution of an offense under Section 37.10, Penal Code, that arises from a report required under this subchapter lies in the county where the offense occurred or in Travis County.

  130. Tex. Occupations Code Sec. 1701.501. DISCIPLINARY ACTION.

  131. Tex. Occupations Code Sec. 1701.5011. EMERGENCY SUSPENSION.

  132. Tex. Occupations Code Sec. 1701.502. FELONY CONVICTION OR PLACEMENT ON COMMUNITY SUPERVISION.

  133. Tex. Occupations Code Sec. 1701.503. BARRATRY CONVICTION. The commission shall immediately revoke the license of a person licensed under this chapter who is convicted of barratry under Section 38.12, Penal Code.

  134. Tex. Occupations Code Sec. 1701.504. HEARING.

  135. Tex. Occupations Code Sec. 1701.505. ADMINISTRATIVE PROCEDURE.

  136. Tex. Occupations Code Sec. 1701.506. APPEAL.

  137. Tex. Occupations Code Sec. 1701.507. ADMINISTRATIVE PENALTIES.

  138. Tex. Occupations Code Sec. 1701.551. CRIMINAL PENALTY FOR APPOINTMENT OR RETENTION OF CERTAIN PERSONS.

  139. Tex. Occupations Code Sec. 1701.552. CRIMINAL PENALTY FOR APPOINTMENT OF PERSON NOT CERTIFIED FOR INVESTIGATIVE HYPNOSIS.

  140. Tex. Occupations Code Sec. 1701.553. CRIMINAL PENALTY FOR APPOINTMENT OR RETENTION OF PERSONS WITH CERTAIN CONVICTIONS.

  141. Tex. Occupations Code Sec. 1701.554. VENUE. Venue for the prosecution of an offense that arises from a violation of this chapter or in connection with the administration of this chapter lies in the county where the offense occurred or in Travis County.

  142. Tex. Occupations Code Sec. 1701.601. DEFINITION. In this subchapter, "school resource officer" means a peace officer who is assigned by the officer's employing political subdivision to provide a police presence at a public school, safety or drug education to students of a public school, or other similar services. The term does not include a peace officer who provides law enforcement at:

  143. Tex. Occupations Code Sec. 1701.602. LICENSE REQUIRED. A peace officer who is a visiting school resource officer in a public school must be licensed as provided by this chapter.

  144. Tex. Occupations Code Sec. 1701.603. FIREARMS ACCIDENT PREVENTION PROGRAM.

  145. Tex. Occupations Code Sec. 1701.621. DEFINITIONS. In this subchapter:

  146. Tex. Occupations Code Sec. 1701.622. GENERAL POWERS AND DUTIES.

  147. Tex. Occupations Code Sec. 1701.623. CONTRACT WITH INSTITUTION OF HIGHER EDUCATION. The commission may contract with an institution of higher education that has appropriate expertise in mental health or law enforcement to develop the peer support network under this subchapter.

  148. Tex. Occupations Code Sec. 1701.624. CONFIDENTIALITY OF PARTICIPANT INFORMATION. Information relating to a law enforcement officer's participation in peer-to-peer support and other peer-to-peer services under the network is confidential and may not be disclosed under Chapter 552, Government Code, by:

  149. Tex. Occupations Code Sec. 1701.625. PROTECTIONS RELATED TO LICENSURE. A law enforcement officer's participation in peer-to-peer support and other peer-to-peer services under the network may not:

  150. Tex. Occupations Code Sec. 1701.626. ANNUAL REPORT. Not later than December 1 of each year, the commission shall submit a report to the governor and the legislature that includes:

  151. Tex. Occupations Code Sec. 1701.701. DEFINITIONS. In this subchapter:

  152. Tex. Occupations Code Sec. 1701.702. ADMINISTRATION OF EPINEPHRINE.

  153. Tex. Occupations Code Sec. 1701.703. PRESCRIPTION OF EPINEPHRINE.

  154. Tex. Occupations Code Sec. 1701.704. MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE DELIVERY SYSTEMS. A law enforcement agency that acquires and possesses epinephrine delivery systems under this subchapter shall adopt and implement a policy regarding the maintenance, administration, and disposal of the epinephrine delivery systems. The policy must:

  155. Tex. Occupations Code Sec. 1701.705. NOTIFICATION OF ADMINISTRATION OF EPINEPHRINE DELIVERY SYSTEM. After an officer administers an epinephrine delivery system under this subchapter, the law enforcement agency shall notify the physician or other person who prescribed the epinephrine delivery system of:

  156. Tex. Occupations Code Sec. 1701.706. GIFTS, GRANTS, AND DONATIONS. A law enforcement agency may accept gifts, grants, donations, and federal and local money to implement this subchapter.

  157. Tex. Occupations Code Sec. 1701.707. NOT PRACTICE OF HEALTH CARE. The administration by a peace officer of an epinephrine delivery system to a person in accordance with the requirements of this subchapter or commission rules does not constitute the unlawful practice of any health care profession.

  158. Tex. Occupations Code Sec. 1701.708. IMMUNITY FROM LIABILITY.

  159. Tex. Occupations Code Sec. 1701.709. GOVERNMENTAL IMMUNITY NOT WAIVED. This subchapter does not waive governmental immunity from suit or liability.

Chapter 1702

  1. Tex. Occupations Code Sec. 1702.001. SHORT TITLE. This chapter may be cited as the Private Security Act.

  2. Tex. Occupations Code Sec. 1702.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 1702.004. GENERAL SCOPE OF REGULATION.

  4. Tex. Occupations Code Sec. 1702.005. DEPARTMENT OF PUBLIC SAFETY; REFERENCES.

  5. Tex. Occupations Code Sec. 1702.006. FOREIGN ENTITY REGISTRATION. Licensure under this chapter does not exempt a foreign entity from the registration requirements of Chapter 9, Business Organizations Code.

  6. Tex. Occupations Code Sec. 1702.021. COMMITTEE MEMBERSHIP; APPLICABILITY OF OTHER LAW.

  7. Tex. Occupations Code Sec. 1702.023. ELIGIBILITY OF PUBLIC MEMBERS. The committee's public members must be representatives of the general public. A person may not be a public member of the committee if the person or the person's spouse:

  8. Tex. Occupations Code Sec. 1702.024. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.

  9. Tex. Occupations Code Sec. 1702.025. TERMS; VACANCIES.

  10. Tex. Occupations Code Sec. 1702.026. OFFICERS.

  11. Tex. Occupations Code Sec. 1702.027. GROUNDS FOR REMOVAL.

  12. Tex. Occupations Code Sec. 1702.028. REIMBURSEMENT. A committee member may not receive compensation for service on the advisory committee but is entitled to reimbursement for actual and necessary expenses incurred in performing the functions as a member of the committee, subject to the General Appropriations Act.

  13. Tex. Occupations Code Sec. 1702.029. MEETINGS. The committee shall meet at least quarterly.

  14. Tex. Occupations Code Sec. 1702.031. DUTIES OF ADVISORY COMMITTEE. The committee shall provide advice and recommendations to the department and commission on technical matters relevant to the administration of this chapter and the regulation of private security industries.

  15. Tex. Occupations Code Sec. 1702.032. COMMISSION LIAISON. The commission shall designate a commission member to serve as a liaison to the committee.

  16. Tex. Occupations Code Sec. 1702.041. CHIEF ADMINISTRATOR.

  17. Tex. Occupations Code Sec. 1702.042. PERSONNEL; CONFLICT OF INTEREST. An employee of the department whose primary duties include private security regulation may not:

  18. Tex. Occupations Code Sec. 1702.044. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The chief administrator or the chief administrator's designee shall provide to committee members and to department employees, as often as necessary, information regarding the requirements for service as a committee member or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.

  19. Tex. Occupations Code Sec. 1702.061. GENERAL POWERS AND DUTIES.

  20. Tex. Occupations Code Sec. 1702.062. FEES.

  21. Tex. Occupations Code Sec. 1702.063. USE OF FINES. The fines collected under this chapter may not be used to administer this chapter.

  22. Tex. Occupations Code Sec. 1702.0635. RESTRICTIONS ON CERTAIN RULES. The commission may not adopt rules or establish unduly restrictive experience or education requirements that limit a person's ability to be licensed as an electronic access control device company or be licensed as an electronic access control device installer.

  23. Tex. Occupations Code Sec. 1702.064. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.

  24. Tex. Occupations Code Sec. 1702.0645. PAYMENT OF FEES AND FINES.

  25. Tex. Occupations Code Sec. 1702.067. RECORDS; EVIDENCE. An official record of the department related to this chapter or an affidavit by the chief administrator as to the content of the record is prima facie evidence of a matter required to be kept by the department.

  26. Tex. Occupations Code Sec. 1702.068. APPEAL BOND NOT REQUIRED. The department is not required to give an appeal bond in any cause arising under this chapter.

  27. Tex. Occupations Code Sec. 1702.084. PUBLIC ACCESS TO CERTAIN RECORDS OF DISCIPLINARY ACTIONS.

  28. Tex. Occupations Code Sec. 1702.085. CONFIDENTIALITY OF RECORDS. Records maintained by the department under this chapter on the home address, home telephone number, driver's license number, or social security number of an applicant or a company license holder, individual license holder, or security officer commission holder are confidential and are not subject to mandatory disclosure under Chapter 552, Government Code.

  29. Tex. Occupations Code Sec. 1702.101. INVESTIGATIONS COMPANY LICENSE REQUIRED. Unless the person holds a license as an investigations company, a person may not:

  30. Tex. Occupations Code Sec. 1702.102. SECURITY SERVICES CONTRACTOR LICENSE REQUIRED; SCOPE OF LICENSE.

  31. Tex. Occupations Code Sec. 1702.1025. ELECTRONIC ACCESS CONTROL DEVICE COMPANY LICENSE REQUIRED; SCOPE OF LICENSE.

  32. Tex. Occupations Code Sec. 1702.103. CLASSIFICATION AND LIMITATION OF COMPANY LICENSES.

  33. Tex. Occupations Code Sec. 1702.104. INVESTIGATIONS COMPANY.

  34. Tex. Occupations Code Sec. 1702.105. ALARM SYSTEMS COMPANY.

  35. Tex. Occupations Code Sec. 1702.1055. ELECTRONIC ACCESS CONTROL DEVICE COMPANY. A person acts as an electronic access control device company for the purposes of this chapter if the person installs or maintains an electronic access control device.

  36. Tex. Occupations Code Sec. 1702.1056. LOCKSMITH COMPANY.

  37. Tex. Occupations Code Sec. 1702.106. ARMORED CAR COMPANY. A person acts as an armored car company for the purposes of this chapter if the person provides secured and protected transportation of valuables, including money, coins, bullion, securities, bonds, or jewelry.

  38. Tex. Occupations Code Sec. 1702.107. COURIER COMPANY. A person acts as a courier company for purposes of this chapter if the person transports or offers to transport under armed guard an item that requires expeditious delivery, including a document, map, stock, bond, or check.

  39. Tex. Occupations Code Sec. 1702.108. GUARD COMPANY. A person acts as a guard company for the purposes of this chapter if the person employs an individual described by Section 1702.323(d) or engages in the business of or undertakes to provide a private watchman, guard, or street patrol service on a contractual basis for another person to:

  40. Tex. Occupations Code Sec. 1702.110. APPLICATION FOR COMPANY LICENSE.

  41. Tex. Occupations Code Sec. 1702.112. FORM OF COMPANY LICENSE. The department shall prescribe the form of a company license. The company license must include:

  42. Tex. Occupations Code Sec. 1702.113. GENERAL QUALIFICATIONS FOR COMPANY LICENSE OR SECURITY OFFICER COMMISSION.

  43. Tex. Occupations Code Sec. 1702.114. ADDITIONAL QUALIFICATIONS FOR INVESTIGATIONS COMPANY LICENSE.

  44. Tex. Occupations Code Sec. 1702.115. ADDITIONAL QUALIFICATIONS FOR SECURITY SERVICES CONTRACTOR LICENSE.

  45. Tex. Occupations Code Sec. 1702.117. EXAMINATION.

  46. Tex. Occupations Code Sec. 1702.118. EXAMINATION RESULTS.

  47. Tex. Occupations Code Sec. 1702.1183. RECIPROCAL COMPANY LICENSE FOR CERTAIN APPLICANTS.

  48. Tex. Occupations Code Sec. 1702.1186. PROVISIONAL COMPANY LICENSE.

  49. Tex. Occupations Code Sec. 1702.122. TEMPORARY CONTINUATION OF COMPANY LICENSE HOLDER'S BUSINESS. Under the terms provided by commission rule, a company license holder's business may continue for a temporary period if the individual on the basis of whose qualifications a company license under this chapter has been obtained ceases to be connected with the company license holder.

  50. Tex. Occupations Code Sec. 1702.123. INSURANCE; BOND.

  51. Tex. Occupations Code Sec. 1702.124. INSURANCE REQUIREMENT.

  52. Tex. Occupations Code Sec. 1702.125. BOND REQUIREMENT. A bond executed and filed with the department under this chapter remains in effect until the surety terminates future liability by providing to the department at least 30 days' notice of the intent to terminate liability.

  53. Tex. Occupations Code Sec. 1702.127. COMPANY LICENSE HOLDER EMPLOYEES; RECORDS.

  54. Tex. Occupations Code Sec. 1702.128. POSTING OF COMPANY LICENSE REQUIRED. A company license holder shall at all times post the person's license in a conspicuous place in:

  55. Tex. Occupations Code Sec. 1702.129. NOTICE OF CERTAIN CHANGES; BRANCH OFFICES.

  56. Tex. Occupations Code Sec. 1702.130. USE OF CERTAIN TITLES, UNIFORMS, INSIGNIA, OR IDENTIFICATIONS PROHIBITED.

  57. Tex. Occupations Code Sec. 1702.131. ADVERTISING. An advertisement by a company license holder soliciting or advertising business must contain the company license holder's company name and address as stated in department records.

  58. Tex. Occupations Code Sec. 1702.132. REPORTS TO EMPLOYER OR CLIENT.

  59. Tex. Occupations Code Sec. 1702.133. CONFIDENTIALITY; INFORMATION RELATING TO CRIMINAL OFFENSE.

  60. Tex. Occupations Code Sec. 1702.134. COMPANY LICENSE HOLDER EXEMPTIONS FROM CERTAIN LOCAL REGULATIONS.

  61. Tex. Occupations Code Sec. 1702.161. SECURITY OFFICER COMMISSION REQUIRED.

  62. Tex. Occupations Code Sec. 1702.162. EMPLOYER'S APPLICATION FOR SECURITY OFFICER COMMISSION. The employer of a security officer who applies for a security officer commission for the officer must submit an application to the department on a form provided by the department.

  63. Tex. Occupations Code Sec. 1702.163. QUALIFICATIONS FOR SECURITY OFFICER COMMISSION.

  64. Tex. Occupations Code Sec. 1702.165. ISSUANCE OF SECURITY OFFICER COMMISSION; POCKET CARD.

  65. Tex. Occupations Code Sec. 1702.167. TERMINATION OF EMPLOYMENT AS COMMISSIONED SECURITY OFFICER; TRANSFER OF COMMISSION. The holder of a security officer commission who terminates employment with one employer may transfer the individual's commission to a new employer if, not later than the 14th day after the date the individual begins the new employment, the new employer notifies the department of the transfer of employment on a form prescribed by the department, accompanied by payment of the employee information update fee.

  66. Tex. Occupations Code Sec. 1702.1675. TRAINING PROGRAMS.

  67. Tex. Occupations Code Sec. 1702.168. FIREARM REQUIREMENTS.

  68. Tex. Occupations Code Sec. 1702.1685. HANDGUN PROFICIENCY EXAMINATION.

  69. Tex. Occupations Code Sec. 1702.169. FIREARM RESTRICTIONS. A commissioned security officer other than a person acting as a personal protection officer may not carry a firearm unless:

  70. Tex. Occupations Code Sec. 1702.170. NONAPPLICABILITY OF FIREARM RESTRICTIONS. Sections 1702.161, 1702.169, and 1702.206 do not apply to the holder of a temporary security officer commission who:

  71. Tex. Occupations Code Sec. 1702.171. SECURITY OFFICER COMMISSION RECORDS. The commission shall adopt rules for the maintenance of records relating to an individual to whom the department has issued a security officer commission.

  72. Tex. Occupations Code Sec. 1702.181. NOTICE AND REGISTRATION REQUIRED; REGISTRY.

  73. Tex. Occupations Code Sec. 1702.182. SECURITY DEPARTMENT OF PRIVATE BUSINESS.

  74. Tex. Occupations Code Sec. 1702.184. LOCAL REGULATION OF CERTAIN SECURITY SERVICES FOR PRIVATE BUSINESSES.

  75. Tex. Occupations Code Sec. 1702.201. PERSONAL PROTECTION OFFICER LICENSE REQUIRED. An individual may not act as a personal protection officer unless the individual holds a personal protection officer license.

  76. Tex. Occupations Code Sec. 1702.202. PERSONAL PROTECTION OFFICER. An individual acts as a personal protection officer if the individual, while carrying a firearm, provides to another individual personal protection from bodily harm.

  77. Tex. Occupations Code Sec. 1702.203. APPLICATION FOR PERSONAL PROTECTION OFFICER LICENSE. An applicant for a personal protection officer license must submit a written application on a form prescribed by the commission.

  78. Tex. Occupations Code Sec. 1702.204. PERSONAL PROTECTION OFFICER LICENSE; QUALIFICATIONS.

  79. Tex. Occupations Code Sec. 1702.205. PERSONAL PROTECTION OFFICER TRAINING.

  80. Tex. Occupations Code Sec. 1702.206. LIMITED AUTHORITY TO CARRY FIREARMS.

  81. Tex. Occupations Code Sec. 1702.221. INDIVIDUAL LICENSE REQUIRED.

  82. Tex. Occupations Code Sec. 1702.222. SECURITY OFFICER. An individual acts as a security officer for purposes of this chapter if the individual is:

  83. Tex. Occupations Code Sec. 1702.2226. ELECTRONIC ACCESS CONTROL DEVICE INSTALLER.

  84. Tex. Occupations Code Sec. 1702.2227. LOCKSMITH.

  85. Tex. Occupations Code Sec. 1702.223. ALARM SYSTEMS INSTALLER.

  86. Tex. Occupations Code Sec. 1702.224. ALARM SYSTEMS MONITOR.

  87. Tex. Occupations Code Sec. 1702.229. QUALIFICATIONS FOR INDIVIDUAL LICENSE.

  88. Tex. Occupations Code Sec. 1702.230. APPLICATION FOR INDIVIDUAL LICENSE.

  89. Tex. Occupations Code Sec. 1702.2305. PROVISIONAL INDIVIDUAL LICENSE.

  90. Tex. Occupations Code Sec. 1702.232. POCKET CARDS.

  91. Tex. Occupations Code Sec. 1702.233. DURATION OF POCKET CARDS. A pocket card issued for an individual license holder expires on the date the individual license expires under Section 1702.301(b).

  92. Tex. Occupations Code Sec. 1702.234. TRANSFER OF INDIVIDUAL LICENSE. An individual license holder may transfer the holder's license from one employer to another employer if, not later than the 14th day after the date the individual license holder begins the new employment, the new employer notifies the department of the transfer of employment on a form prescribed by the commission accompanied by payment of the employee information update fee.

  93. Tex. Occupations Code Sec. 1702.235. PREEMPLOYMENT CHECK FOR NONCOMMISSIONED SECURITY OFFICERS. A person may not hire a noncommissioned security officer unless the person conducts a preemployment check as required by commission rule.

  94. Tex. Occupations Code Sec. 1702.236. EXAMINATION AND TRAINING REQUIREMENTS FOR ELECTRONIC ACCESS CONTROL DEVICE INSTALLERS.

  95. Tex. Occupations Code Sec. 1702.239. TRAINING REQUIREMENTS FOR ALARM SYSTEMS INSTALLER; EXAMINATION.

  96. Tex. Occupations Code Sec. 1702.240. EXEMPTIONS FOR UNDERCOVER AGENT.

  97. Tex. Occupations Code Sec. 1702.241. JURISPRUDENCE EXAMINATION.

  98. Tex. Occupations Code Sec. 1702.282. CRIMINAL HISTORY CHECK.

  99. Tex. Occupations Code Sec. 1702.283. CRUELTY TO ANIMALS. A person who has been convicted of cruelty to animals under Section 42.09 or 42.092, Penal Code, may not be employed to work with dogs as a security officer by a security services contractor or security department of a private business that uses dogs to protect individuals or property or to conduct investigations.

  100. Tex. Occupations Code Sec. 1702.284. ALARM SYSTEMS RECORDS CONFIDENTIAL.

  101. Tex. Occupations Code Sec. 1702.285. FALSE REPRESENTATION. A person may not represent falsely that the person:

  102. Tex. Occupations Code Sec. 1702.286. DUTIES OF ALARM SYSTEMS COMPANY.

  103. Tex. Occupations Code Sec. 1702.2865. CUSTOMER AUTHORIZATION REQUIRED FOR CERTAIN LOCKSMITH SERVICES.

  104. Tex. Occupations Code Sec. 1702.287. DETECTION DEVICE CONTROL PANELS; MINIMUM STANDARDS. An alarm systems company may not install any alarm system on or after January 1, 2007, that includes a detection device control panel unless the control panel meets or exceeds the standards of the American National Standards Institute for false alarm reduction.

  105. Tex. Occupations Code Sec. 1702.288. NOTICE OF CERTAIN INFORMATION TO RECIPIENT OF ALARM SYSTEM SERVICES.

  106. Tex. Occupations Code Sec. 1702.289. INSPECTIONS.

  107. Tex. Occupations Code Sec. 1702.301. EXPIRATION.

  108. Tex. Occupations Code Sec. 1702.302. LICENSE RENEWAL.

  109. Tex. Occupations Code Sec. 1702.303. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER. A person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date the person applies for renewal may obtain a new license without reexamination. The person must pay to the department a fee that is equal to two times the normally required renewal fee for the license.

  110. Tex. Occupations Code Sec. 1702.305. EFFECT OF LICENSE RENEWAL ON DISCIPLINARY ACTION. Renewal of a license does not prohibit the bringing of disciplinary proceedings for an act committed before the effective date of the renewal.

  111. Tex. Occupations Code Sec. 1702.306. EFFECT OF SUSPENSION ON LICENSE RENEWAL REQUIREMENTS. A suspended license expires on the license's expiration date and may be renewed as provided by this chapter, but the renewal does not entitle the license holder, while the license remains suspended and until the license is reinstated, to engage in the licensed activity or in conduct in violation of the order or judgment by which the license was suspended.

  112. Tex. Occupations Code Sec. 1702.308. CONTINUING EDUCATION.

  113. Tex. Occupations Code Sec. 1702.309. SECURITY OFFICER COMMISSION RENEWAL.

  114. Tex. Occupations Code Sec. 1702.321. GOVERNMENT EMPLOYEES.

  115. Tex. Occupations Code Sec. 1702.322. LAW ENFORCEMENT PERSONNEL. This chapter does not apply to:

  116. Tex. Occupations Code Sec. 1702.323. SECURITY DEPARTMENT OF PRIVATE BUSINESS.

  117. Tex. Occupations Code Sec. 1702.324. CERTAIN OCCUPATIONS.

  118. Tex. Occupations Code Sec. 1702.325. COMMON CARRIERS. This chapter does not apply to:

  119. Tex. Occupations Code Sec. 1702.326. MEDICAL ALERT SERVICES.

  120. Tex. Occupations Code Sec. 1702.327. NONPROFIT AND CIVIC ORGANIZATIONS. This chapter does not apply to:

  121. Tex. Occupations Code Sec. 1702.328. SECURITY SYSTEMS SALES AND INSTALLATION. This chapter does not apply to:

  122. Tex. Occupations Code Sec. 1702.329. FIRE ALARM AND DETECTION SALES AND INSTALLATION. This chapter does not apply to:

  123. Tex. Occupations Code Sec. 1702.330. SECURITY PERSONNEL OF PRIVATE INSTITUTION OF HIGHER EDUCATION. This chapter does not apply to:

  124. Tex. Occupations Code Sec. 1702.331. PERSONAL EMERGENCY RESPONSE SYSTEMS.

  125. Tex. Occupations Code Sec. 1702.332. TELEMATICS SERVICE PROVIDERS.

  126. Tex. Occupations Code Sec. 1702.333. CERTAIN VOLUNTEERS.

  127. Tex. Occupations Code Sec. 1702.361. DENIAL AND DISCIPLINARY ACTIONS; GROUNDS.

  128. Tex. Occupations Code Sec. 1702.363. APPLICATION OF ADMINISTRATIVE PROCEDURE ACT. Except as provided by Section 1702.364, a person regulated under this chapter against whom the commission has taken action is entitled to a hearing before the State Office of Administrative Hearings. A proceeding under this section is a contested case that is governed by Chapter 2001, Government Code.

  129. Tex. Occupations Code Sec. 1702.364. SUMMARY ACTIONS.

  130. Tex. Occupations Code Sec. 1702.365. ABDUCTION OF CHILD. The commission shall revoke a person's license or security officer commission or deny a person's application for, or renewal of, a license or security officer commission on proof that the person or an agent of the person has, after the date of application for a license or security officer commission, abducted or attempted to abduct by force or the threat of force or by misrepresentation, stealth, or unlawful entry a child who at the time of the abduction or attempt is under the care and control of a person who:

  131. Tex. Occupations Code Sec. 1702.367. COMPLAINT INVESTIGATION; SUBPOENA; WITNESS.

  132. Tex. Occupations Code Sec. 1702.368. NOTIFICATION OF CONVICTION FOR CERTAIN OFFENSES. The department shall notify the police department of the municipality and the sheriff's department of the county in which a person licensed or commissioned under this chapter resides of the conviction of the person for a Class B misdemeanor or equivalent offense or a greater offense.

  133. Tex. Occupations Code Sec. 1702.369. NO REINSTATEMENT AFTER REVOCATION. A revoked license may not be reinstated.

  134. Tex. Occupations Code Sec. 1702.370. EFFECT OF SUSPENSION; MONITORING OF EXISTING ALARM CONTRACTS. Subject to expiration of the license under Section 1702.306, a license holder may continue to monitor under an existing alarm contract or contract to monitor under an existing alarm contract for 30 days after the date of suspension of the person's license.

  135. Tex. Occupations Code Sec. 1702.3705. PROHIBITION AGAINST CERTAIN POLITICAL SUBDIVISIONS ACTING AS ALARM SYSTEMS COMPANY.

  136. Tex. Occupations Code Sec. 1702.372. RECUSAL OF COMMISSION MEMBER.

  137. Tex. Occupations Code Sec. 1702.381. CIVIL PENALTY.

  138. Tex. Occupations Code Sec. 1702.382. INJUNCTION.

  139. Tex. Occupations Code Sec. 1702.383. ACTION FOR CIVIL PENALTY OR INJUNCTION. If a person has violated a provision of this chapter for which a penalty is imposed under Section 1702.381, an attorney for the department, the attorney general's office, or any criminal prosecutor in this state may institute a civil suit in a Travis County district court or in a district court in the county in which the violation occurred for injunctive relief under Section 1702.382 or for assessment and recovery of the civil penalty.

  140. Tex. Occupations Code Sec. 1702.3835. DECEPTIVE TRADE PRACTICE.

  141. Tex. Occupations Code Sec. 1702.384. FALSIFICATION OF CERTAIN DOCUMENTS; OFFENSE.

  142. Tex. Occupations Code Sec. 1702.3841. INSUFFICIENT INSURANCE COVERAGE; OFFENSE.

  143. Tex. Occupations Code Sec. 1702.386. UNAUTHORIZED EMPLOYMENT; OFFENSE.

  144. Tex. Occupations Code Sec. 1702.3863. UNAUTHORIZED CONTRACT WITH BAIL BOND SURETY; OFFENSE.

  145. Tex. Occupations Code Sec. 1702.3867. EXECUTION OF CAPIAS OR ARREST WARRANT; OFFENSE.

  146. Tex. Occupations Code Sec. 1702.387. FAILURE TO SURRENDER CERTAIN DOCUMENTS; OFFENSE.

  147. Tex. Occupations Code Sec. 1702.3875. IMPERSONATING SECURITY OFFICER; OFFENSE.

  148. Tex. Occupations Code Sec. 1702.3876. IMPERSONATING PRIVATE INVESTIGATOR; OFFENSE.

  149. Tex. Occupations Code Sec. 1702.388. VIOLATION OF CHAPTER; OFFENSE.

  150. Tex. Occupations Code Sec. 1702.389. VENUE. An offense under this chapter may be prosecuted in Travis County or in the county in which the offense occurred.

Chapter 1704

  1. Tex. Occupations Code Sec. 1704.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 1704.002. APPLICATION OF CHAPTER. This chapter applies only in a county with a population of:

  3. Tex. Occupations Code Sec. 1704.051. MANDATORY CREATION OF BOARD. A board is created in each county with a population of 110,000 or more.

  4. Tex. Occupations Code Sec. 1704.052. DISCRETIONARY CREATION OF BOARD. A board may be created in a county with a population of less than 110,000 if:

  5. Tex. Occupations Code Sec. 1704.053. BOARD COMPOSITION. A board consists of:

  6. Tex. Occupations Code Sec. 1704.0535. ELECTION OF CERTAIN BAIL BOND BOARD MEMBERS.

  7. Tex. Occupations Code Sec. 1704.054. PRESIDING OFFICER.

  8. Tex. Occupations Code Sec. 1704.055. MEETINGS.

  9. Tex. Occupations Code Sec. 1704.056. QUORUM; MAJORITY VOTE.

  10. Tex. Occupations Code Sec. 1704.101. ADMINISTRATIVE AUTHORITY. A board shall:

  11. Tex. Occupations Code Sec. 1704.102. ENFORCEMENT AUTHORITY.

  12. Tex. Occupations Code Sec. 1704.103. DISBURSEMENTS FROM COUNTY FUND.

  13. Tex. Occupations Code Sec. 1704.104. POSTING OF BOARD RULE OR ACTION. A board shall post a rule adopted or an action taken by the board in an appropriate place in the county courthouse for the 10 days preceding the date the rule or action takes effect.

  14. Tex. Occupations Code Sec. 1704.105. LICENSED BAIL BOND SURETY LIST.

  15. Tex. Occupations Code Sec. 1704.107. NOTIFICATION OF LICENSE SUSPENSION OR REVOCATION. A board shall immediately notify each court and each local official responsible for the detention of prisoners in the county of:

  16. Tex. Occupations Code Sec. 1704.108. NOTIFICATION OF DEFAULT BY CORPORATION. A board shall promptly notify the Texas Department of Insurance if a corporation fails to pay a judgment of forfeiture as provided by Section 1704.204(a).

  17. Tex. Occupations Code Sec. 1704.109. SOLICITATION AND ADVERTISEMENT.

  18. Tex. Occupations Code Sec. 1704.151. LICENSE REQUIRED. Except as provided by Section 1704.163, a person may not act as a bail bond surety or as an agent for a corporate surety in the county unless the person holds a license issued under this chapter.

  19. Tex. Occupations Code Sec. 1704.152. ELIGIBILITY.

  20. Tex. Occupations Code Sec. 1704.153. INELIGIBILITY BECAUSE OF CRIMINAL CONVICTION. A person is not eligible for a license under this chapter if, after August 27, 1973, the person commits and is finally convicted of a misdemeanor involving moral turpitude or a felony.

  21. Tex. Occupations Code Sec. 1704.154. APPLICATION REQUIREMENTS.

  22. Tex. Occupations Code Sec. 1704.155. REAL PROPERTY LIST. A list of nonexempt real property required under Section 1704.154(b)(3) must, for each parcel listed, include:

  23. Tex. Occupations Code Sec. 1704.156. REAPPRAISAL OF REAL PROPERTY.

  24. Tex. Occupations Code Sec. 1704.157. PRELIMINARY DETERMINATIONS. Before a hearing on an application, a board or a board's authorized representative shall determine whether the applicant:

  25. Tex. Occupations Code Sec. 1704.158. HEARING ON APPLICATION.

  26. Tex. Occupations Code Sec. 1704.159. DECISION ON APPLICATION; BOARD ORDER.

  27. Tex. Occupations Code Sec. 1704.160. SECURITY REQUIREMENTS.

  28. Tex. Occupations Code Sec. 1704.161. LICENSE FORM.

  29. Tex. Occupations Code Sec. 1704.162. LICENSE EXPIRATION AND RENEWAL.

  30. Tex. Occupations Code Sec. 1704.163. ATTORNEY EXEMPTION.

  31. Tex. Occupations Code Sec. 1704.201. ACCEPTANCE OF LICENSE HOLDER BAIL BONDS. A sheriff shall accept or approve a bail bond executed by a license holder in the county in which the license holder is licensed if:

  32. Tex. Occupations Code Sec. 1704.202. RECORD REQUIREMENTS.

  33. Tex. Occupations Code Sec. 1704.203. BAIL BOND LIMIT; ADDITIONAL SECURITY.

  34. Tex. Occupations Code Sec. 1704.204. PAYMENT OF FINAL JUDGMENT.

  35. Tex. Occupations Code Sec. 1704.205. BAIL BOND SETTLEMENT. Before a final judgment on a forfeiture of a bail bond:

  36. Tex. Occupations Code Sec. 1704.206. REPLACEMENT OF SECURITY. If a final judgment on a forfeiture of a bail bond is paid from the security deposited or executed by a license holder under Section 1704.160, the license holder shall deposit or execute additional security in an amount sufficient to comply with that section.

  37. Tex. Occupations Code Sec. 1704.207. SURRENDER OF PRINCIPAL; CONTEST.

  38. Tex. Occupations Code Sec. 1704.208. BOND LIABILITY.

  39. Tex. Occupations Code Sec. 1704.209. BOND DISCHARGED ON APPEAL.

  40. Tex. Occupations Code Sec. 1704.210. WITHDRAWAL OF SECURITY.

  41. Tex. Occupations Code Sec. 1704.211. CORPORATE POWER OF ATTORNEY.

  42. Tex. Occupations Code Sec. 1704.212. EFFECT OF DEFAULT BY CORPORATION; NOTICE REQUIRED.

  43. Tex. Occupations Code Sec. 1704.213. OFFICE LOCATION.

  44. Tex. Occupations Code Sec. 1704.251. INVESTIGATION.

  45. Tex. Occupations Code Sec. 1704.252. DISCRETIONARY LICENSE SUSPENSION OR REVOCATION: GROUNDS. After notice and hearing, a board may revoke or suspend a license if the license holder:

  46. Tex. Occupations Code Sec. 1704.253. MANDATORY LICENSE SUSPENSION OR REVOCATION: GROUNDS.

  47. Tex. Occupations Code Sec. 1704.2535. FAILURE TO PAY FINAL JUDGMENT BY BAIL BOND SURETY.

  48. Tex. Occupations Code Sec. 1704.254. NOTICE AND HEARING.

  49. Tex. Occupations Code Sec. 1704.255. APPEAL; VENUE.

  50. Tex. Occupations Code Sec. 1704.256. STANDARD OF JUDICIAL REVIEW. Judicial review of an appeal filed under Section 1704.255 is by trial de novo in the same manner as an appeal from a justice court to a county court.

  51. Tex. Occupations Code Sec. 1704.257. EFFECT OF BOARD ORDER.

  52. Tex. Occupations Code Sec. 1704.301. RETURN OF SECURITY. A bail bond surety may not hold security for the payment of a bail bond fee or to assure the principal's appearance in court for more than 30 days after the date on which the owner of the security:

  53. Tex. Occupations Code Sec. 1704.302. PROHIBITED REFERRALS OF OR EMPLOYMENTS WITH BONDING BUSINESS; OFFENSE.

  54. Tex. Occupations Code Sec. 1704.303. BAIL BOND SURETY ACTIVITY; OFFENSE.

  55. Tex. Occupations Code Sec. 1704.304. PROHIBITED RECOMMENDATIONS OR SOLICITATIONS; OFFENSE.

  56. Tex. Occupations Code Sec. 1704.305. BAIL BOND RECEIPT AND INSPECTION; OFFENSE.

  57. Tex. Occupations Code Sec. 1704.306. RECORDS; OFFENSE.

Chapter 1801

  1. Tex. Occupations Code Sec. 1801.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 1801.002. APPLICATION OF CHAPTER. A commission merchant shall meet the requirements of this chapter except to the extent that the person's business as a commission merchant is regulated by another provision of law.

  3. Tex. Occupations Code Sec. 1801.051. BOND REQUIRED. A commission merchant shall file a bond with the county judge of each county in which the commission merchant maintains an office.

  4. Tex. Occupations Code Sec. 1801.052. BOND TERMS AND CONDITIONS.

  5. Tex. Occupations Code Sec. 1801.053. BOND APPROVAL. The bond must be approved by the county judge of each county in which the commission merchant maintains an office.

  6. Tex. Occupations Code Sec. 1801.054. RECORDING OF BOND. The county judge shall file the bond with the county clerk in the same manner as an instrument to perfect a security interest under Chapter 9, Business & Commerce Code.

  7. Tex. Occupations Code Sec. 1801.055. SUIT ON BOND.

  8. Tex. Occupations Code Sec. 1801.101. CONTRACT PERFORMANCE. A commission merchant shall perform all contracts with a consignor of goods.

  9. Tex. Occupations Code Sec. 1801.102. SALE OF GOODS. On shipment of a consignment, a commission merchant shall promptly receive and sell the goods under the terms of the consignment contract.

  10. Tex. Occupations Code Sec. 1801.103. STATEMENTS AND RECEIPTS REGARDING CONSIGNMENT.

  11. Tex. Occupations Code Sec. 1801.104. ACCOUNTING.

  12. Tex. Occupations Code Sec. 1801.105. REMITTANCE OF SALE PROCEEDS. Not later than the fifth day after the date of the sale of consigned goods, a commission merchant shall send to the consignor the total amount received from the sale less the commission merchant's commission.

  13. Tex. Occupations Code Sec. 1801.151. REQUIREMENT TO OBTAIN WRITTEN LICENSE.

  14. Tex. Occupations Code Sec. 1801.152. FALSE CHARGES.

  15. Tex. Occupations Code Sec. 1801.153. SALE WITHOUT BOND. A person who sells any consigned goods for commission without first making and filing the bond required by Section 1801.051 shall be fined not less than $100 or more than $500.

  16. Tex. Occupations Code Sec. 1801.154. CONSIGNOR'S REMEDIES.

Chapter 1802

  1. Tex. Occupations Code Sec. 1802.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 1802.002. APPLICABILITY.

  3. Tex. Occupations Code Sec. 1802.003. PREEMPTION. A political subdivision of this state may not levy on or collect from an auctioneer a license tax or fee as a regulatory or revenue measure or require the licensing of an auctioneer, if the auctioneer holds a license under this chapter and is in compliance with this chapter.

  4. Tex. Occupations Code Sec. 1802.004. ADVERTISEMENT OF AUCTION. The commission, by rule, may adopt standards for the advertisement of an auction by an auctioneer or associate auctioneer licensed under this chapter.

  5. Tex. Occupations Code Sec. 1802.005. RULES. The commission shall adopt rules necessary to administer and enforce this chapter.

  6. Tex. Occupations Code Sec. 1802.051. LICENSE REQUIRED.

  7. Tex. Occupations Code Sec. 1802.052. ELIGIBILITY FOR AUCTIONEER'S LICENSE.

  8. Tex. Occupations Code Sec. 1802.053. ELIGIBILITY FOR ASSOCIATE AUCTIONEER LICENSE. An individual is eligible for an associate auctioneer license if the individual:

  9. Tex. Occupations Code Sec. 1802.054. APPLICATION FOR LICENSE.

  10. Tex. Occupations Code Sec. 1802.055. APPLICATION FOR EXAMINATION. An individual who meets the requirements for an auctioneer's license may apply to the department to take the license examination. The application must be accompanied by the application fee.

  11. Tex. Occupations Code Sec. 1802.056. LICENSE EXAMINATION.

  12. Tex. Occupations Code Sec. 1802.058. REEXAMINATION. An applicant who fails the license examination may reapply to take the examination. If the applicant fails the examination twice during a one-year period, the applicant may not reapply for one year.

  13. Tex. Occupations Code Sec. 1802.101. AUCTIONEER ADVISORY BOARD. The advisory board shall advise the commission on educational matters, operational matters, and common practices within the auction industry.

  14. Tex. Occupations Code Sec. 1802.102. APPOINTMENT OF ADVISORY BOARD; MEMBERSHIP; ELIGIBILITY.

  15. Tex. Occupations Code Sec. 1802.103. TERMS; VACANCIES. Advisory board members serve staggered six-year terms. If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement to serve for the remainder of the term.

  16. Tex. Occupations Code Sec. 1802.104. PRESIDING OFFICER. The presiding officer of the commission, with the commission's approval, shall appoint a member of the advisory board to serve as presiding officer of the board. The presiding officer shall serve a term of two years.

  17. Tex. Occupations Code Sec. 1802.106. COMPENSATION. A member of the advisory board may not receive compensation from the department for serving on the advisory board.

  18. Tex. Occupations Code Sec. 1802.107. MEETINGS. The advisory board shall meet at the call of the presiding officer of the commission or the executive director.

  19. Tex. Occupations Code Sec. 1802.108. CIVIL LIABILITY. A member of the advisory board is not liable in a civil action for an act performed in good faith while performing duties as an advisory board member.

  20. Tex. Occupations Code Sec. 1802.121. WRITTEN CONTRACTS.

  21. Tex. Occupations Code Sec. 1802.122. STANDARDS OF PRACTICE. The commission by rule shall adopt standards for the practice of auctioneers and associate auctioneers, including standards for:

  22. Tex. Occupations Code Sec. 1802.151. FUND. The auctioneer education and recovery fund is a trust fund with the comptroller for the payment of claims against auctioneers licensed under this chapter.

  23. Tex. Occupations Code Sec. 1802.152. MANAGEMENT OF FUND.

  24. Tex. Occupations Code Sec. 1802.153. ADDITIONAL FEES.

  25. Tex. Occupations Code Sec. 1802.155. LIABILITY.

  26. Tex. Occupations Code Sec. 1802.202. CONSUMER CLAIMS.

  27. Tex. Occupations Code Sec. 1802.203. HEARING. If the amount determined by the department under Section 1802.202 is disputed by the auctioneer, the department shall refer the matter to the State Office of Administrative Hearings for a hearing on the disputed claim.

  28. Tex. Occupations Code Sec. 1802.204. APPEAL. A party may appeal a decision of the commission in the manner provided for a contested case under Chapter 2001, Government Code.

  29. Tex. Occupations Code Sec. 1802.205. PAYMENT OF CLAIM.

  30. Tex. Occupations Code Sec. 1802.206. PAYMENT LIMITS.

  31. Tex. Occupations Code Sec. 1802.207. REIMBURSEMENT; INTEREST.

  32. Tex. Occupations Code Sec. 1802.208. SUBROGATION. If the department pays a claim against an auctioneer, the department is subrogated to all rights of the aggrieved party against the auctioneer to the extent of the amount paid to the aggrieved party.

  33. Tex. Occupations Code Sec. 1802.209. EFFECT ON DISCIPLINARY PROCEEDINGS.

  34. Tex. Occupations Code Sec. 1802.251. DISCIPLINARY ACTION; ADMINISTRATIVE PENALTY. The commission or executive director may take any action or impose a penalty under Subchapter F or G, Chapter 51, against an auctioneer or associate auctioneer for:

  35. Tex. Occupations Code Sec. 1802.252. REVOCATION FOR CLAIM ON FUND.

  36. Tex. Occupations Code Sec. 1802.253. HEARING BY STATE OFFICE OF ADMINISTRATIVE HEARINGS.

  37. Tex. Occupations Code Sec. 1802.301. PRACTICING WITHOUT LICENSE; OFFENSE.

  38. Tex. Occupations Code Sec. 1802.302. FRIVOLOUS CLAIM; OFFENSE.

Chapter 1803

  1. Tex. Occupations Code Sec. 1803.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 1803.002. EFFECT ON MUNICIPAL ORDINANCE. This chapter preempts any municipal ordinance applicable to public safety entities, public safety publications, public safety solicitors, or solicitations related to a person registered under this chapter.

  3. Tex. Occupations Code Sec. 1803.051. REGISTRATION.

  4. Tex. Occupations Code Sec. 1803.052. ELIGIBILITY TO USE SOLICITOR.

  5. Tex. Occupations Code Sec. 1803.053. REGISTRATION STATEMENT BY PUBLIC SAFETY ENTITY OR PUBLICATION.

  6. Tex. Occupations Code Sec. 1803.054. PUBLIC SAFETY ENTITY REGISTRATION FEE.

  7. Tex. Occupations Code Sec. 1803.055. SOLICITOR REGISTRATION STATEMENT AND FEE.

  8. Tex. Occupations Code Sec. 1803.056. SOLICITOR BOND.

  9. Tex. Occupations Code Sec. 1803.101. SOLICITATION DISCLOSURE.

  10. Tex. Occupations Code Sec. 1803.102. SOLICITATION INFORMATION HOTLINE. The secretary of state shall establish and operate a toll-free telephone line known as the Solicitation Information Hotline that enables a person to call the hotline number to:

  11. Tex. Occupations Code Sec. 1803.103. PROHIBITED PRACTICES. In soliciting for a public safety entity or public safety publication, a person may not:

  12. Tex. Occupations Code Sec. 1803.104. FAILURE TO FILE TIMELY REPORT. A public safety entity or public safety publication that fails to timely file the information required by this chapter or that files information required by this chapter that is found to contain material misrepresentation may not use a public safety solicitor until it provides or corrects the information.

  13. Tex. Occupations Code Sec. 1803.151. AUDIT BY ATTORNEY GENERAL.

  14. Tex. Occupations Code Sec. 1803.152. CRIMINAL PENALTIES.

  15. Tex. Occupations Code Sec. 1803.153. CIVIL PENALTY AND INJUNCTION.

  16. Tex. Occupations Code Sec. 1803.154. CIVIL PENALTIES.

  17. Tex. Occupations Code Sec. 1803.155. SERVICE ON SECRETARY OF STATE.

Chapter 1804

  1. Tex. Occupations Code Sec. 1804.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 1804.002. EFFECT ON MUNICIPAL ORDINANCE. This chapter does not preempt a municipal ordinance applicable to a veterans organization or a veterans organization solicitor.

  3. Tex. Occupations Code Sec. 1804.051. REQUIREMENTS FOR SOLICITATION.

  4. Tex. Occupations Code Sec. 1804.052. ELIGIBILITY TO USE SOLICITOR.

  5. Tex. Occupations Code Sec. 1804.053. REGISTRATION STATEMENT BY VETERANS ORGANIZATION.

  6. Tex. Occupations Code Sec. 1804.054. SOLICITOR REGISTRATION STATEMENT. Before beginning solicitations for a veterans organization, a veterans organization solicitor must file with the secretary of state a registration statement containing:

  7. Tex. Occupations Code Sec. 1804.055. SOLICITOR REGISTRATION FEE.

  8. Tex. Occupations Code Sec. 1804.101. VETERANS ORGANIZATION BOND.

  9. Tex. Occupations Code Sec. 1804.102. SOLICITOR BOND.

  10. Tex. Occupations Code Sec. 1804.103. VETERANS ORGANIZATION REPORTS.

  11. Tex. Occupations Code Sec. 1804.104. SOLICITOR REPORTS.

  12. Tex. Occupations Code Sec. 1804.151. SOLICITATION DISCLOSURE.

  13. Tex. Occupations Code Sec. 1804.152. SOLICITATION INFORMATION HOTLINE. The secretary of state shall establish and operate a toll-free telephone line known as the Solicitation Information Hotline that enables a person to call the hotline number to:

  14. Tex. Occupations Code Sec. 1804.153. PROHIBITED PRACTICES.

  15. Tex. Occupations Code Sec. 1804.201. AUDIT BY ATTORNEY GENERAL.

  16. Tex. Occupations Code Sec. 1804.202. CRIMINAL PENALTIES.

  17. Tex. Occupations Code Sec. 1804.203. ENFORCEMENT AND INJUNCTION.

  18. Tex. Occupations Code Sec. 1804.204. CIVIL PENALTIES.

  19. Tex. Occupations Code Sec. 1804.205. SUIT ON BOND.

  20. Tex. Occupations Code Sec. 1804.206. AVAILABILITY OF OTHER REMEDIES. This chapter does not:

Chapter 1805

  1. Tex. Occupations Code Sec. 1805.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 1805.002. APPLICATION TO BUSINESS MACHINES.

  3. Tex. Occupations Code Sec. 1805.003. APPLICATION TO SECONDHAND DEALERS. This chapter does not apply to a person:

  4. Tex. Occupations Code Sec. 1805.004. EFFECT ON OTHER LAWS AND ORDINANCES.

  5. Tex. Occupations Code Sec. 1805.051. REPORT OF PURCHASE.

  6. Tex. Occupations Code Sec. 1805.052. FORM OF REPORT; FILING.

  7. Tex. Occupations Code Sec. 1805.053. SERIAL NUMBER.

  8. Tex. Occupations Code Sec. 1805.054. REQUIRED RETENTION OF PROPERTY.

  9. Tex. Occupations Code Sec. 1805.101. PURCHASE FROM MINOR.

  10. Tex. Occupations Code Sec. 1805.102. PURCHASE AT TEMPORARY LOCATION OF SECONDHAND DEALER.

  11. Tex. Occupations Code Sec. 1805.103. CRIMINAL PENALTY.

Chapter 1806

  1. Tex. Occupations Code Sec. 1806.001. SHORT TITLE. This chapter may be cited as the Residential Solar Retailer Regulatory Act.

  2. Tex. Occupations Code Sec. 1806.002. GENERAL DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 1806.003. DEFINITION OF CONTROLLING PERSON.

  4. Tex. Occupations Code Sec. 1806.004. LIMITED APPLICABILITY TO ELECTRICAL CONTRACTORS.

  5. Tex. Occupations Code Sec. 1806.005. APPLICABILITY.

  6. Tex. Occupations Code Sec. 1806.006. PREEMPTION. To the extent of any conflict between this chapter and any of the following laws, this chapter prevails over:

  7. Tex. Occupations Code Sec. 1806.051. GENERAL POWERS AND DUTIES.

  8. Tex. Occupations Code Sec. 1806.052. FEES. The commission shall establish and collect reasonable and necessary fees in amounts sufficient to cover the costs of:

  9. Tex. Occupations Code Sec. 1806.053. EDUCATIONAL MATERIALS.

  10. Tex. Occupations Code Sec. 1806.101. REGISTRATION REQUIRED: SOLAR SALESPERSON. A person may not engage in residential solar retail for compensation unless the person:

  11. Tex. Occupations Code Sec. 1806.102. REGISTRATION REQUIRED: SOLAR RETAILER. A person may not employ or otherwise contract for the services of an individual to engage in residential solar retail on behalf of the person unless the person is registered as a solar retailer.

  12. Tex. Occupations Code Sec. 1806.103. ELIGIBILITY FOR REGISTRATION.

  13. Tex. Occupations Code Sec. 1806.104. SOLAR RETAILER APPLICATION. An application to register as a solar retailer must include:

  14. Tex. Occupations Code Sec. 1806.105. CRIMINAL HISTORY RECORD INFORMATION CHECK. The department may conduct a criminal history record information check of each applicant or, if applicable, any controlling person of an applicant for a registration under this chapter using information:

  15. Tex. Occupations Code Sec. 1806.106. EXEMPTION FROM CONTINUING EDUCATION. Notwithstanding Section 51.405 or any other provision of this chapter, a solar retailer may not be required to complete continuing education to renew the solar retailer's registration under this chapter.

  16. Tex. Occupations Code Sec. 1806.151. NOTICE TO DEPARTMENT OF SOLAR SALESPERSONS AUTHORIZED TO ENGAGE IN RESIDENTIAL SOLAR RETAIL. A solar retailer shall promptly notify the department in a manner prescribed by the department of:

  17. Tex. Occupations Code Sec. 1806.152. SUPERVISION REQUIRED.

  18. Tex. Occupations Code Sec. 1806.153. CODE OF CONDUCT; COMPLIANCE WITH OTHER LAW. A solar retailer and a solar salesperson shall comply with:

  19. Tex. Occupations Code Sec. 1806.154. REGISTRATION INFORMATION.

  20. Tex. Occupations Code Sec. 1806.155. REQUIRED CONTRACT PROVISIONS.

  21. Tex. Occupations Code Sec. 1806.156. RIGHT TO CANCEL AGREEMENT.

  22. Tex. Occupations Code Sec. 1806.201. PROHIBITED ACTS. A person may not:

  23. Tex. Occupations Code Sec. 1806.202. DENIAL OR REFUSAL TO RENEW. The executive director may deny an application to register or refuse to renew a registration under this chapter if the applicant or, if applicable, a controlling person of the applicant has:

  24. Tex. Occupations Code Sec. 1806.203. ADMINISTRATIVE PENALTY. In imposing an administrative penalty under Subchapter F, Chapter 51, for a violation of Section 1806.201, the commission in determining the appropriate amount of the penalty may consider whether any individual over the age of 65 at the time of the prohibited conduct was harmed by the conduct.

  25. Tex. Occupations Code Sec. 1806.204. WARNING LETTER.

  26. Tex. Occupations Code Sec. 1806.205. CEASE AND DESIST ORDER. The executive director may issue a cease and desist order under Section 51.3513 to protect public health and safety.

  27. Tex. Occupations Code Sec. 1806.206. AMOUNT OF CIVIL PENALTY.

  28. Tex. Occupations Code Sec. 1806.207. AGREEMENT CANCELLATION AND REFUND.

  29. Tex. Occupations Code Sec. 1806.208. VIOLATION BY ELECTRICAL CONTRACTOR. An electrical contractor who violates this chapter or a rule adopted under this chapter is subject to an administrative penalty or sanction or any other enforcement provision under Chapter 1305, Chapter 51, and this chapter.

Chapter 1901

  1. Tex. Occupations Code Sec. 1901.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 1901.002. EFFECT ON GROUNDWATER RIGHTS. This chapter does not affect the ownership of or the rights of landowners in groundwater.

  3. Tex. Occupations Code Sec. 1901.003. LIABILITY UNDER LAW. A person is not relieved from liability under law by obtaining a license under this chapter.

  4. Tex. Occupations Code Sec. 1901.051. LICENSING.

  5. Tex. Occupations Code Sec. 1901.052. RULES.

  6. Tex. Occupations Code Sec. 1901.053. WATER WELL DRILLERS ACCOUNT.

  7. Tex. Occupations Code Sec. 1901.055. TRANSFER OF FUNCTIONS. If the functions necessary to the proper implementation of duties under this chapter are transferred to another entity, the powers and duties under this chapter are transferred to that entity.

  8. Tex. Occupations Code Sec. 1901.101. BOARD MEMBERSHIP.

  9. Tex. Occupations Code Sec. 1901.102. ELIGIBILITY OF MEMBERS.

  10. Tex. Occupations Code Sec. 1901.103. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.

  11. Tex. Occupations Code Sec. 1901.104. TERMS. Board members serve staggered six-year terms.

  12. Tex. Occupations Code Sec. 1901.105. PRESIDING OFFICER. The presiding officer of the commission, with the commission's approval, shall appoint a member of the board to serve as presiding officer of the board for two years.

  13. Tex. Occupations Code Sec. 1901.107. MEETINGS; QUORUM.

  14. Tex. Occupations Code Sec. 1901.108. REIMBURSEMENT. A board member may be reimbursed for travel expenses, including expenses for meals and lodging. A member is entitled to reimbursement for transportation expenses as prescribed by the General Appropriations Act.

  15. Tex. Occupations Code Sec. 1901.109. BOARD POWERS AND DUTIES.

  16. Tex. Occupations Code Sec. 1901.151. LICENSE REQUIRED. A person may not act or offer to act as a driller unless the person holds a license issued by the executive director under this chapter and rules adopted under this chapter.

  17. Tex. Occupations Code Sec. 1901.152. LICENSE APPLICATION. An applicant for a license must submit to the department:

  18. Tex. Occupations Code Sec. 1901.153. APPRENTICE DRILLER PROGRAM. The commission by rule shall establish an apprentice driller program.

  19. Tex. Occupations Code Sec. 1901.154. LICENSE FEE. A person who qualifies for a license must pay to the department the license fee set by the commission.

  20. Tex. Occupations Code Sec. 1901.155. LICENSE EXPIRATION. A license issued under this chapter is valid for one or two years as determined by commission rule.

  21. Tex. Occupations Code Sec. 1901.158. LICENSE NOT TRANSFERABLE. A license is not transferable or assignable.

  22. Tex. Occupations Code Sec. 1901.159. REPLACEMENT OF LOST OR DESTROYED LICENSE. On application and payment of a fee, the department shall issue a duplicate license to replace a lost or destroyed license.

  23. Tex. Occupations Code Sec. 1901.161. EXEMPTION: DEWATERING WELL. The licensing requirements of this subchapter do not apply to a person who drills, bores, cores, or constructs a dewatering well or system to remove water for the purpose of constructing a highway, road, bridge, drainage, or underground utility project.

  24. Tex. Occupations Code Sec. 1901.162. WAIVER FOR APPLICANT LICENSED IN ANOTHER STATE. The commission may adopt rules allowing waiver of a license requirement for an applicant who is licensed in another state that has license requirements substantially equivalent to those of this state.

  25. Tex. Occupations Code Sec. 1901.201. EXAMINATION. The department may prepare, recognize, administer, or arrange for the administration of an examination required under this chapter.

  26. Tex. Occupations Code Sec. 1901.202. CONTENTS OF EXAMINATION.

  27. Tex. Occupations Code Sec. 1901.206. REEXAMINATION. A person who fails an examination may apply to take a subsequent examination on payment of the examination fee.

  28. Tex. Occupations Code Sec. 1901.251. WELL LOG.

  29. Tex. Occupations Code Sec. 1901.252. MARKING RIG.

  30. Tex. Occupations Code Sec. 1901.253. COMPLETING WATER WELL. A driller shall complete a well under standards and procedures adopted by the commission.

  31. Tex. Occupations Code Sec. 1901.254. NOTICE REGARDING INJURIOUS WATER; PLUGGING, REPAIR, OR COMPLETION OF WELL.

  32. Tex. Occupations Code Sec. 1901.255. PLUGGING WATER WELL.

  33. Tex. Occupations Code Sec. 1901.256. ENFORCEMENT BY GROUNDWATER CONSERVATION DISTRICT.

  34. Tex. Occupations Code Sec. 1901.257. MEMORANDUM OF UNDERSTANDING REGARDING ABANDONED WELLS.

  35. Tex. Occupations Code Sec. 1901.301. GROUNDS FOR DISCIPLINARY ACTION. The commission may discipline a person under Section 51.353 for a violation of this chapter or a rule adopted under this chapter, including:

  36. Tex. Occupations Code Sec. 1901.401. CIVIL PENALTY. A person who violates this chapter or a rule adopted under this chapter is subject to a civil penalty of not less than $200 or more than $1,000 for each day of noncompliance or each act of noncompliance as determined by the court.

  37. Tex. Occupations Code Sec. 1901.402. INJUNCTION AND OTHER ENFORCEMENT PROVISIONS.

  38. Tex. Occupations Code Sec. 1901.403. VENUE. The executive director may bring an action in:

  39. Tex. Occupations Code Sec. 1901.404. ACTION BY ATTORNEY GENERAL.

Chapter 1902

  1. Tex. Occupations Code Sec. 1902.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 1902.002. LIABILITY UNDER LAW. A person is not relieved from liability under law by obtaining a license under this chapter.

  3. Tex. Occupations Code Sec. 1902.051. LICENSING.

  4. Tex. Occupations Code Sec. 1902.052. RULES.

  5. Tex. Occupations Code Sec. 1902.053. WATER WELL DRILLERS ACCOUNT.

  6. Tex. Occupations Code Sec. 1902.055. TRANSFER OF FUNCTIONS. If the functions necessary to the proper implementation of duties under this chapter are transferred to another entity, the powers and duties under this chapter are transferred to that entity.

  7. Tex. Occupations Code Sec. 1902.151. LICENSE REQUIRED. A person may not act or offer to act as an installer unless the person holds a license issued by the executive director under rules adopted under this chapter.

  8. Tex. Occupations Code Sec. 1902.152. LICENSE APPLICATION; EXAMINATION FEE.

  9. Tex. Occupations Code Sec. 1902.153. APPRENTICE PUMP INSTALLER PROGRAM. The commission by rule shall establish an apprentice pump installer program.

  10. Tex. Occupations Code Sec. 1902.154. LICENSE FEE. A person who qualifies for a license must pay to the department the license fee set by the commission.

  11. Tex. Occupations Code Sec. 1902.155. LICENSE EXPIRATION. A license issued under this chapter is valid for one or two years as determined by commission rule.

  12. Tex. Occupations Code Sec. 1902.158. LICENSE NOT TRANSFERABLE. A license is not transferable or assignable.

  13. Tex. Occupations Code Sec. 1902.159. REPLACEMENT OF LOST OR DESTROYED LICENSE. On application and payment of a fee, the department shall issue a duplicate license to replace a lost or destroyed license.

  14. Tex. Occupations Code Sec. 1902.161. EXEMPTION: DEWATERING WELL PUMPS AND EQUIPMENT. The licensing requirements of this subchapter do not apply to a person who installs or repairs well pumps and equipment to remove water for the purpose of constructing a highway, road, bridge, drainage, or underground utility project.

  15. Tex. Occupations Code Sec. 1902.162. WAIVER FOR APPLICANT LICENSED IN ANOTHER STATE. The commission may adopt rules allowing waiver of a license requirement for an applicant who is licensed in another state that has license requirements substantially equivalent to those of this state.

  16. Tex. Occupations Code Sec. 1902.201. EXAMINATION. The department may prepare, recognize, administer, or arrange for the administration of an examination required under this chapter.

  17. Tex. Occupations Code Sec. 1902.202. CONTENTS OF EXAMINATION. The department shall ensure that examinations are designed to disqualify a person who lacks the knowledge of pump installation to the extent that pump installation by the person would create a serious risk of polluting fresh water.

  18. Tex. Occupations Code Sec. 1902.251. INSTALLING AND REPAIRING PUMPS. An installer shall install or repair pumps under standards and procedures adopted by the commission with the advice of the board.

  19. Tex. Occupations Code Sec. 1902.252. NOTICE REGARDING INJURIOUS WATER; REPAIR OR COMPLETION OF WELL.

  20. Tex. Occupations Code Sec. 1902.253. NOTICE REGARDING ABANDONED OR DETERIORATED WELL. An installer who knows of an abandoned or deteriorated well as defined by Section 1901.255 shall notify the landowner or person who possesses the well that the well must be plugged or capped to avoid injury or pollution.

  21. Tex. Occupations Code Sec. 1902.401. CIVIL PENALTY. A person who violates this chapter or a rule adopted under this chapter is subject to a civil penalty of not less than $200 or more than $1,000 for each day of noncompliance or each act of noncompliance as determined by the court.

  22. Tex. Occupations Code Sec. 1902.402. INJUNCTION AND OTHER ENFORCEMENT PROVISIONS.

  23. Tex. Occupations Code Sec. 1902.403. VENUE. The executive director may bring an action in:

  24. Tex. Occupations Code Sec. 1902.404. ACTION BY ATTORNEY GENERAL.

Chapter 1903

  1. Tex. Occupations Code Sec. 1903.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 1903.002. EXEMPTIONS.

  3. Tex. Occupations Code Sec. 1903.053. STANDARDS.

  4. Tex. Occupations Code Sec. 1903.151. COUNCIL MEMBERSHIP.

  5. Tex. Occupations Code Sec. 1903.152. ELIGIBILITY OF PUBLIC MEMBERS. A person is not eligible for appointment as a public member of the council if the person or the person's spouse:

  6. Tex. Occupations Code Sec. 1903.155. PRESIDING OFFICER. The council shall elect a presiding officer.

  7. Tex. Occupations Code Sec. 1903.157. MEETINGS. The council shall hold meetings at the call of the commission or presiding officer.

  8. Tex. Occupations Code Sec. 1903.158. PER DIEM; REIMBURSEMENT. A council member is entitled to a per diem as set by legislative appropriation for each day the member engages in the business of the council. A council member is entitled to reimbursement for travel expenses, including expenses for meals and lodging, as prescribed by the General Appropriations Act.

  9. Tex. Occupations Code Sec. 1903.159. COUNCIL DUTIES. The council shall provide advice to the commission and the commission's staff concerning matters relating to irrigation.

  10. Tex. Occupations Code Sec. 1903.251. LICENSE REQUIRED.

  11. Tex. Occupations Code Sec. 1903.252. LICENSING OF LANDSCAPE ARCHITECT. The commission may not require a person who on August 27, 1979, held a license as a landscape architect under Chapter 457, Acts of the 61st Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas Civil Statutes), to pass an examination in order to be licensed.

  12. Tex. Occupations Code Sec. 1903.255. RECIPROCAL LICENSING. The commission may waive any prerequisite for obtaining a license for an applicant who is registered or licensed as an irrigator or installer by another jurisdiction with which this state has a reciprocity agreement. The commission may make an agreement, subject to the approval of the governor, with another state to allow for licensing by reciprocity.

  13. Tex. Occupations Code Sec. 1903.256. INSTALLATION OF IRRIGATION SYSTEM WITHOUT LICENSE; OFFENSE.

Chapter 1904

  1. Tex. Occupations Code Sec. 1904.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 1904.051. WATER TREATMENT SPECIALIST CERTIFICATION PROGRAM.

  3. Tex. Occupations Code Sec. 1904.052. CERTIFICATION REQUIRED. A person may not engage in water treatment unless the person first obtains a certificate from the commission under the program established under this chapter.

  4. Tex. Occupations Code Sec. 1904.053. APPLICATION FOR CERTIFICATION. A person desiring to obtain certification under the program established under this chapter shall file with the commission:

  5. Tex. Occupations Code Sec. 1904.054. ISSUANCE OF CERTIFICATE.

  6. Tex. Occupations Code Sec. 1904.055. EXEMPTIONS.

Chapter 1951

  1. Tex. Occupations Code Sec. 1951.001. SHORT TITLE. This chapter may be cited as the Texas Structural Pest Control Act.

  2. Tex. Occupations Code Sec. 1951.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 1951.0021. STRUCTURAL PEST CONTROL SERVICE. The Structural Pest Control Service is a service of the department responsible for the regulation and licensing of persons engaged in the business of structural pest control. The service is established to provide exceptional customer service to the public and the industry, enhance the educational and professional standards of license holders, and ensure the health, safety, and welfare of the public.

  4. Tex. Occupations Code Sec. 1951.003. BUSINESS OF STRUCTURAL PEST CONTROL.

  5. Tex. Occupations Code Sec. 1951.004. DIRECT SUPERVISION. In this chapter, a pesticide is applied under direct supervision if the application is made by a person acting under the instructions and control of a certified commercial applicator responsible for the actions of the person and available if needed for consultation or assistance. The certified commercial applicator is not required to be physically present at the time and place of the pesticide application.

  6. Tex. Occupations Code Sec. 1951.005. LOCAL REGULATION OF PESTICIDE SALE OR USE.

  7. Tex. Occupations Code Sec. 1951.006. APPLICABILITY OF FEES TO GOVERNMENT EMPLOYEES. A person employed by a governmental entity is not exempt from a fee imposed under this chapter.

  8. Tex. Occupations Code Sec. 1951.007. APPLICABILITY OF AGRICULTURE CODE LICENSING PROVISIONS. A provision of the Agriculture Code that applies generally to licensing or regulatory programs administered by the department, including a provision that refers generally to licensing or regulatory programs under the Agriculture Code, applies to this chapter.

  9. Tex. Occupations Code Sec. 1951.051. INDIVIDUAL PERFORMING PEST CONTROL WORK ON OWN OR EMPLOYER'S PREMISES.

  10. Tex. Occupations Code Sec. 1951.052. PERSON PERFORMING PEST CONTROL WORK ON PERSON'S DWELLING.

  11. Tex. Occupations Code Sec. 1951.053. PERSON PERFORMING PEST CONTROL WORK OTHERWISE REGULATED BY DEPARTMENT.

  12. Tex. Occupations Code Sec. 1951.054. PERSON PERFORMING PEST CONTROL WORK ON AGRICULTURAL LAND.

  13. Tex. Occupations Code Sec. 1951.055. PERSON USING PEST CONTROL CHEMICALS FOR HOUSEHOLD USE.

  14. Tex. Occupations Code Sec. 1951.056. BEEKEEPERS.

  15. Tex. Occupations Code Sec. 1951.057. FALCONERS.

  16. Tex. Occupations Code Sec. 1951.058. ACTIVITIES NOT INVOLVING PESTICIDES. When performed without the use of a pesticide, this chapter does not apply to the:

  17. Tex. Occupations Code Sec. 1951.059. ACTIVITIES INVOLVING MINIMAL RISK OF HARM.

  18. Tex. Occupations Code Sec. 1951.101. COMMITTEE MEMBERSHIP.

  19. Tex. Occupations Code Sec. 1951.102. ELIGIBILITY OF PUBLIC MEMBERS. A person is not eligible for appointment as a public member of the committee if:

  20. Tex. Occupations Code Sec. 1951.103. MEMBERSHIP RESTRICTIONS.

  21. Tex. Occupations Code Sec. 1951.104. DUTIES OF COMMITTEE.

  22. Tex. Occupations Code Sec. 1951.105. RULES GOVERNING COMMITTEE; COMMITTEE MEETINGS.

  23. Tex. Occupations Code Sec. 1951.106. APPLICABILITY OF OTHER LAW TO COMMITTEE.

  24. Tex. Occupations Code Sec. 1951.201. SOLE LICENSING AUTHORITY; FEES.

  25. Tex. Occupations Code Sec. 1951.203. STANDARDS AND CRITERIA FOR LICENSES. The department, with the advice of the committee, shall develop standards and criteria for issuing:

  26. Tex. Occupations Code Sec. 1951.204. SUBPOENA AUTHORITY.

  27. Tex. Occupations Code Sec. 1951.205. ENVIRONMENTAL RULES.

  28. Tex. Occupations Code Sec. 1951.206. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.

  29. Tex. Occupations Code Sec. 1951.207. INSPECTION OF LICENSE HOLDERS.

  30. Tex. Occupations Code Sec. 1951.208. MISAPPLICATION OF PESTICIDES.

  31. Tex. Occupations Code Sec. 1951.209. AVAILABILITY OF CERTAIN INFORMATION. The department may make available to the Department of State Health Services under the occupational condition reporting program established under Chapter 84, Health and Safety Code, any information the department receives concerning an exposure to a pesticide caused by a person licensed under this chapter that results in a medically verifiable illness. The department and the executive commissioner of the Health and Human Services Commission shall adopt joint rules for making that information available to the Department of State Health Services. The rules must require the department to make that information available to an institution of higher education that conducts research in urban entomology, epidemiology, or other areas related to structural pest control.

  32. Tex. Occupations Code Sec. 1951.210. PRETREATMENT INSPECTION SERVICE; FEES; LIABILITY.

  33. Tex. Occupations Code Sec. 1951.211. CONSULTATION WITH INTEGRATED PEST MANAGEMENT TECHNIQUES EXPERT. The department may contract with an institution of higher education for the services of an expert in integrated pest management to consult with the department, department staff, license holders, and the public regarding integrated pest management techniques.

  34. Tex. Occupations Code Sec. 1951.212. INTEGRATED PEST MANAGEMENT PROGRAMS FOR SCHOOL DISTRICTS.

  35. Tex. Occupations Code Sec. 1951.251. PUBLIC INTEREST INFORMATION.

  36. Tex. Occupations Code Sec. 1951.252. COMPLAINTS.

  37. Tex. Occupations Code Sec. 1951.253. PUBLIC PARTICIPATION.

  38. Tex. Occupations Code Sec. 1951.254. PUBLIC INFORMATION PROGRAM.

  39. Tex. Occupations Code Sec. 1951.255. ENFORCEMENT INFORMATION.

  40. Tex. Occupations Code Sec. 1951.301. STRUCTURAL PEST CONTROL BUSINESS LICENSE REQUIRED.

  41. Tex. Occupations Code Sec. 1951.302. CERTIFIED COMMERCIAL APPLICATOR'S LICENSE. The department must determine that an individual is competent to use or supervise the use of a restricted-use pesticide or state-limited-use pesticide covered by the individual's certified commercial applicator's license.

  42. Tex. Occupations Code Sec. 1951.303. CERTIFIED NONCOMMERCIAL APPLICATOR'S LICENSE.

  43. Tex. Occupations Code Sec. 1951.304. TECHNICIAN LICENSE. The department may designate different classes or categories for technicians.

  44. Tex. Occupations Code Sec. 1951.305. APPLICATION.

  45. Tex. Occupations Code Sec. 1951.306. WAIVER FOR APPLICANT LICENSED IN ANOTHER STATE.

  46. Tex. Occupations Code Sec. 1951.307. LICENSE RENEWAL. A person may renew a license by submitting an application to the department and paying the required renewal fees.

  47. Tex. Occupations Code Sec. 1951.308. LICENSE EXPIRATION. A license issued under this chapter expires at the end of the license period as determined by department rule.

  48. Tex. Occupations Code Sec. 1951.309. FEE FOR INITIAL OR RENEWAL LICENSE.

  49. Tex. Occupations Code Sec. 1951.312. LIABILITY INSURANCE; EXCEPTIONS.

  50. Tex. Occupations Code Sec. 1951.313. MEMORANDUM OF AGREEMENT. The department may enter into a memorandum of agreement with a political subdivision other than an institution of public or private education concerning licensing requirements.

  51. Tex. Occupations Code Sec. 1951.314. LICENSE NOT TRANSFERABLE. A license issued by the department under this chapter is not transferable.

  52. Tex. Occupations Code Sec. 1951.315. CONTINUING EDUCATION REQUIREMENTS. The department shall administer a mandatory continuing education program for all license holders. Each license holder must comply with the continuing education requirements established by department rule in order to retain or renew a license.

  53. Tex. Occupations Code Sec. 1951.351. TECHNICIAN TRAINING PROGRAM.

  54. Tex. Occupations Code Sec. 1951.352. NEW DEVELOPMENTS; PROOF OF STUDY. If the department determines that new developments in pest control have occurred that are so significant that proper knowledge of the developments is necessary to protect the public, the department may require of each applicant proof of study by:

  55. Tex. Occupations Code Sec. 1951.353. FEES RELATED TO TRAINING PROGRAMS.

  56. Tex. Occupations Code Sec. 1951.401. EXAMINATION FOR CERTIFIED APPLICATOR'S LICENSE. The department may require a person to qualify for a certified applicator's license by passing an examination demonstrating the person's competence in the field of structural pest control.

  57. Tex. Occupations Code Sec. 1951.402. EXAMINATION FOR TECHNICIAN LICENSE. The department shall require an applicant for a technician license to pass an examination developed and administered by the department or a person designated by the department.

  58. Tex. Occupations Code Sec. 1951.403. EXAMINATION FEE. Each time a person applies to take an examination for a license, the person shall pay the department an examination fee, in an amount established by department rule, for each category of examination to be taken. Except as provided by department rule, an examination fee is not refundable.

  59. Tex. Occupations Code Sec. 1951.404. LIST OF STUDY MATERIALS AND SEMINARS. The department shall make public a list of study materials and educational seminars that are available to help applicants successfully complete any examination administered under this chapter.

  60. Tex. Occupations Code Sec. 1951.405. EXAMINATION RESULTS.

  61. Tex. Occupations Code Sec. 1951.406. EXAMINATION POLICY.

  62. Tex. Occupations Code Sec. 1951.451. CONTRACT FOR PEST CONTROL SERVICES. A written contract under which a license holder under this chapter agrees to perform structural pest control services in this state must include:

  63. Tex. Occupations Code Sec. 1951.452. RECORDS OF LICENSE HOLDER.

  64. Tex. Occupations Code Sec. 1951.453. PEST CONTROL INFORMATION FOR INDOOR TREATMENTS: RESIDENTIAL PROPERTY.

  65. Tex. Occupations Code Sec. 1951.454. PEST CONTROL INFORMATION FOR INDOOR TREATMENTS: WORKPLACE. For an indoor treatment at a workplace, a certified applicator or technician shall make available a pest control information sheet developed under Section 1951.254 and a pest control sign developed under that section to the employer or the building manager. The employer or building manager or an employee or agent of the owner or manager, other than the certified applicator or technician, shall notify the persons who work at the workplace of the date of the planned treatment by:

  66. Tex. Occupations Code Sec. 1951.455. PEST CONTROL INFORMATION FOR INDOOR TREATMENTS: CERTAIN OTHER BUILDINGS.

  67. Tex. Occupations Code Sec. 1951.456. PEST CONTROL INFORMATION FOR INDOOR TREATMENTS; RULES; EXCEPTION.

  68. Tex. Occupations Code Sec. 1951.457. PEST CONTROL INFORMATION FOR OUTDOOR TREATMENTS.

  69. Tex. Occupations Code Sec. 1951.458. PRACTICE BY NONCOMMERCIAL APPLICATOR OR TECHNICIAN.

  70. Tex. Occupations Code Sec. 1951.459. PEST CONTROL SERVICES FOR CERTAIN BUILDINGS. The owner of a building that is an apartment building, day-care center, hospital, nursing home, hotel, motel, lodge, warehouse, school, or food-processing establishment, other than a restaurant, retail food, or food service establishment, may obtain pest control services for that building from a person only by:

  71. Tex. Occupations Code Sec. 1951.501. DISCIPLINARY POWERS OF COMMISSIONER RELATING TO STRUCTURAL PEST CONTROL.

  72. Tex. Occupations Code Sec. 1951.502. RIGHT TO HEARING.

  73. Tex. Occupations Code Sec. 1951.503. JUDICIAL REVIEW.

  74. Tex. Occupations Code Sec. 1951.504. SETTLEMENT OF CONTESTED CASES.

  75. Tex. Occupations Code Sec. 1951.505. EFFECT OF REVOCATION.

  76. Tex. Occupations Code Sec. 1951.506. EMERGENCY SUSPENSION.

  77. Tex. Occupations Code Sec. 1951.601. ENFORCEMENT ACTION FOR MISAPPLICATION OF PESTICIDES. If the commissioner finds that an applicator has misapplied pesticides, the commissioner shall institute an enforcement action against the applicator. The department by rule shall adopt a policy to implement this section.

  78. Tex. Occupations Code Sec. 1951.602. CIVIL PENALTY; INJUNCTION.

  79. Tex. Occupations Code Sec. 1951.603. CRIMINAL PENALTY.

Chapter 1952

  1. Tex. Occupations Code Sec. 1952.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 1952.002. EXEMPTION FROM REGISTRATION. An individual is not required to be registered under this chapter if the individual:

  3. Tex. Occupations Code Sec. 1952.003. EMPLOYMENT OF REGISTERED INDIVIDUAL NOT REQUIRED. This state or a political subdivision of this state may engage in code enforcement without employing an individual registered under this chapter, if the individual who is engaging in code enforcement for the state or political subdivision is exempt from registration under Section 1952.002.

  4. Tex. Occupations Code Sec. 1952.051. GENERAL POWERS AND DUTIES.

  5. Tex. Occupations Code Sec. 1952.055. ADVISORY BOARD. The department may establish an advisory board to provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.

  6. Tex. Occupations Code Sec. 1952.101. REGISTRATION REQUIRED. Except as permitted by Section 1952.002, an individual may not claim to be a code enforcement officer or use the title "code enforcement officer" unless the individual holds a valid certificate of registration under this chapter.

  7. Tex. Occupations Code Sec. 1952.102. ELIGIBILITY TO REGISTER AS CODE ENFORCEMENT OFFICER. To be eligible to receive a certificate of registration as a code enforcement officer, an individual must:

  8. Tex. Occupations Code Sec. 1952.103. ELIGIBILITY TO REGISTER AS CODE ENFORCEMENT OFFICER IN TRAINING.

  9. Tex. Occupations Code Sec. 1952.104. RECIPROCAL REGISTRATION. On proper application, the department shall issue a certificate of registration to a license holder or registrant of another state that has requirements for the licensing or registration of a code enforcement officer that are at least substantially equivalent to those of this state.

  10. Tex. Occupations Code Sec. 1952.105. TERM OF CERTIFICATE; RENEWAL.

  11. Tex. Occupations Code Sec. 1952.106. STATEWIDE VALIDITY OF CERTIFICATE; NONTRANSFERABILITY.

  12. Tex. Occupations Code Sec. 1952.151. DENIAL OF CERTIFICATE; DISCIPLINARY ACTION.

Chapter 1953

  1. Tex. Occupations Code Sec. 1953.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 1953.002. EMPLOYMENT OF SANITARIAN. This chapter does not require a person, including a municipality or governmental agency, to employ a sanitarian.

  3. Tex. Occupations Code Sec. 1953.003. EXEMPTIONS. This chapter does not apply to a person, including a physician, dentist, engineer, or veterinarian, who is licensed by an agency of this state other than the department and who, by nature of the person's employment or duties, might be construed as being subject to this chapter.

  4. Tex. Occupations Code Sec. 1953.051. GENERAL POWERS AND DUTIES.

  5. Tex. Occupations Code Sec. 1953.0512. ADVISORY BOARD. The department may establish an advisory board to provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.

  6. Tex. Occupations Code Sec. 1953.101. REGISTRATION REQUIRED. A person who engages or offers to engage in work in sanitation may not represent that the person is a sanitarian or use a title containing the word "sanitarian" unless the person holds a certificate of registration under this chapter.

  7. Tex. Occupations Code Sec. 1953.102. ELIGIBILITY REQUIREMENTS.

  8. Tex. Occupations Code Sec. 1953.104. ISSUANCE OF CERTIFICATE: PROFESSIONAL SANITARIAN; TERM.

  9. Tex. Occupations Code Sec. 1953.105. ISSUANCE OF CERTIFICATE: SANITARIAN IN TRAINING.

  10. Tex. Occupations Code Sec. 1953.106. RENEWAL OF CERTIFICATE. To renew a certificate of registration under this chapter, a professional sanitarian must:

  11. Tex. Occupations Code Sec. 1953.151. EXAMINATION.

  12. Tex. Occupations Code Sec. 1953.201. DENIAL OF CERTIFICATE; DISCIPLINARY ACTION.

Chapter 1954

  1. Tex. Occupations Code Sec. 1954.001. SHORT TITLE. This chapter may be cited as the Texas Asbestos Health Protection Act.

  2. Tex. Occupations Code Sec. 1954.002. DEFINITIONS. In this chapter:

  3. Tex. Occupations Code Sec. 1954.051. GENERAL RULEMAKING AUTHORITY. The executive commissioner shall adopt substantive and procedural rules as necessary or desirable for the executive commissioner, the department, and the commissioner to discharge their powers and duties under this chapter.

  4. Tex. Occupations Code Sec. 1954.052. RULES REGARDING ASBESTOS CONCENTRATION LEVELS.

  5. Tex. Occupations Code Sec. 1954.053. RULES REGARDING PERFORMANCE STANDARDS AND WORK PRACTICES. The executive commissioner may adopt rules specifying:

  6. Tex. Occupations Code Sec. 1954.054. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.

  7. Tex. Occupations Code Sec. 1954.055. RECIPROCITY AGREEMENT. The executive commissioner may adopt rules under this chapter to effect reciprocity agreements with other states.

  8. Tex. Occupations Code Sec. 1954.056. FEES.

  9. Tex. Occupations Code Sec. 1954.057. GENERAL INVESTIGATIVE AUTHORITY.

  10. Tex. Occupations Code Sec. 1954.058. AUTHORITY TO CONTRACT FOR INSPECTIONS. The department may contract with any person to perform inspections necessary to enforce this chapter.

  11. Tex. Occupations Code Sec. 1954.059. ASBESTOS SITE INSPECTIONS.

  12. Tex. Occupations Code Sec. 1954.060. DEMOLITION AND RENOVATION ACTIVITIES; INSPECTIONS.

  13. Tex. Occupations Code Sec. 1954.061. MEMORANDUM OF UNDERSTANDING REGARDING CERTAIN SOLID WASTE FACILITIES. The executive commissioner and the Texas Commission on Environmental Quality by rule shall adopt a joint memorandum of understanding regarding the inspection of solid waste facilities that receive asbestos.

  14. Tex. Occupations Code Sec. 1954.062. DISSEMINATION OF INFORMATION; EDUCATIONAL PROGRAMS OR EXHIBITS.

  15. Tex. Occupations Code Sec. 1954.063. COMPLAINTS; RAPID RESPONSE TASK FORCE.

  16. Tex. Occupations Code Sec. 1954.101. LICENSE REQUIRED FOR CERTAIN ACTIVITIES.

  17. Tex. Occupations Code Sec. 1954.102. LICENSE CLASSIFICATIONS.

  18. Tex. Occupations Code Sec. 1954.103. REGISTRATION REQUIRED FOR CERTAIN ACTIVITIES. An individual must be registered as an asbestos abatement worker if the individual:

  19. Tex. Occupations Code Sec. 1954.104. RESILIENT FLOOR-COVERING MATERIAL.

  20. Tex. Occupations Code Sec. 1954.105. APPLICATION FOR LICENSE.

  21. Tex. Occupations Code Sec. 1954.106. ELIGIBILITY FOR LICENSE.

  22. Tex. Occupations Code Sec. 1954.107. RESTRICTED LICENSE FOR CERTAIN APPLICANTS.

  23. Tex. Occupations Code Sec. 1954.108. APPLICATION FOR REGISTRATION OR RENEWAL; ELIGIBILITY.

  24. Tex. Occupations Code Sec. 1954.109. EXAMINATIONS. The executive commissioner may:

  25. Tex. Occupations Code Sec. 1954.110. EXAMINATION RESULTS.

  26. Tex. Occupations Code Sec. 1954.111. TERMS OF LICENSE OR REGISTRATION; NONASSIGNABILITY.

  27. Tex. Occupations Code Sec. 1954.112. REPLACEMENT LICENSE. A license holder may request a replacement license certificate by completing an appropriate application.

  28. Tex. Occupations Code Sec. 1954.151. PROVISIONAL LICENSE OR REGISTRATION.

  29. Tex. Occupations Code Sec. 1954.152. TERM OF LICENSE OR REGISTRATION. A provisional license or registration is valid until the date the department approves or denies the provisional license or registration holder's application for a license or registration under Subchapter C.

  30. Tex. Occupations Code Sec. 1954.153. ELIGIBILITY FOR LICENSE OR REGISTRATION. The department shall issue a license or registration under Subchapter C to a provisional license or registration holder who is eligible to be licensed or registered under rules adopted under Section 1954.055 or who:

  31. Tex. Occupations Code Sec. 1954.154. DECISION ON APPLICATION.

  32. Tex. Occupations Code Sec. 1954.201. LICENSE EXPIRATION AND RENEWAL.

  33. Tex. Occupations Code Sec. 1954.202. NOTICE OF LICENSE EXPIRATION. At least one month before a license issued under this chapter expires, the department shall send by first-class mail to the license holder at the license holder's last known address a notice that states:

  34. Tex. Occupations Code Sec. 1954.203. PROCEDURE FOR LICENSE RENEWAL.

  35. Tex. Occupations Code Sec. 1954.204. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER.

  36. Tex. Occupations Code Sec. 1954.205. TERM OF REGISTRATION; PROCEDURE FOR REGISTRATION RENEWAL.

  37. Tex. Occupations Code Sec. 1954.251. RECORDS.

  38. Tex. Occupations Code Sec. 1954.252. NOTICE OF ASBESTOS REMOVAL, ENCAPSULATION, OR ENCLOSURE.

  39. Tex. Occupations Code Sec. 1954.253. SUPERVISION BY ASBESTOS ABATEMENT SUPERVISOR. The removal of asbestos from or the encapsulation or enclosure of asbestos in a public building must be supervised by an individual licensed as an asbestos abatement supervisor.

  40. Tex. Occupations Code Sec. 1954.254. CONFLICT OF INTEREST FOR CERTAIN LICENSE HOLDERS. A person licensed under this chapter to perform asbestos inspections or surveys, write management plans, or design abatement specifications for an asbestos abatement project may also engage in the removal of asbestos from the building or facility at which an asbestos abatement project takes place only if the person is retained to remove the asbestos by a municipality.

  41. Tex. Occupations Code Sec. 1954.255. CONFLICT OF INTEREST FOR INDEPENDENT THIRD-PARTY MONITOR.

  42. Tex. Occupations Code Sec. 1954.256. APPROVAL OF ASBESTOS TRAINING; RECORD OF ATTENDEES.

  43. Tex. Occupations Code Sec. 1954.257. DUTIES REGARDING EMPLOYEE OR AGENT. A person engaged in an asbestos-related activity shall ensure that each employee or agent who will come in contact with asbestos or who will be responsible for the activity:

  44. Tex. Occupations Code Sec. 1954.258. COMPLIANCE WITH STANDARDS NOT A DEFENSE TO CIVIL LIABILITY. Compliance with any minimum standards adopted by the executive commissioner under this chapter does not constitute a defense to a civil action for damages arising from a work activity affecting asbestos.

  45. Tex. Occupations Code Sec. 1954.259. SURVEY REQUIRED.

  46. Tex. Occupations Code Sec. 1954.260. DURATION OF ASBESTOS SURVEY. An asbestos survey performed for a public building as required by this chapter and any other law is valid if the survey was performed in compliance with the laws in effect at the time the survey was completed and the survey identifies any asbestos-containing building material, the location of that material, and any other asbestos condition in the building. Any renovation, construction, or other activity for which an asbestos survey is required shall be conducted without the requirement of obtaining a new asbestos survey if a valid asbestos survey exists.

  47. Tex. Occupations Code Sec. 1954.301. DISCIPLINARY POWERS OF DEPARTMENT.

  48. Tex. Occupations Code Sec. 1954.302. GROUNDS FOR DISCIPLINE OF LICENSE HOLDER. The executive commissioner by rule shall adopt the criteria for the department to take disciplinary action against a license holder under Section 1954.301. At a minimum, the criteria must require disciplinary action against a license holder who:

  49. Tex. Occupations Code Sec. 1954.303. GROUNDS FOR DISCIPLINE OF REGISTERED PERSON. The department shall take disciplinary action under Section 1954.301 against a person registered under this chapter who:

  50. Tex. Occupations Code Sec. 1954.304. ACTION BASED ON COMPLAINTS AGAINST ASBESTOS ABATEMENT SUPERVISOR.

  51. Tex. Occupations Code Sec. 1954.305. PROCEDURE FOR EMERGENCY SUSPENSION.

  52. Tex. Occupations Code Sec. 1954.306. ADMINISTRATIVE PROCEDURE. A notice and hearing required under this subchapter and judicial review of a final administrative decision issued under this subchapter are governed by Chapter 2001, Government Code, and the department rules for contested case hearings.

  53. Tex. Occupations Code Sec. 1954.307. REAPPLICATION FOLLOWING LICENSE REVOCATION OR SUSPENSION. A person whose license is revoked or suspended may not reapply for a license until after the period stated in a schedule established by department rule.

  54. Tex. Occupations Code Sec. 1954.351. IMPOSITION OF ADMINISTRATIVE PENALTY. The department may impose an administrative penalty on a person who violates this chapter or a rule adopted or order issued under this chapter.

  55. Tex. Occupations Code Sec. 1954.352. AMOUNT OF PENALTY.

  56. Tex. Occupations Code Sec. 1954.353. OPPORTUNITY FOR HEARING; ORDER.

  57. Tex. Occupations Code Sec. 1954.354. OPTIONS FOLLOWING DECISION.

  58. Tex. Occupations Code Sec. 1954.355. COLLECTION OF PENALTY. At the request of the department, the attorney general may bring a civil action to recover an administrative penalty imposed under this subchapter.

  59. Tex. Occupations Code Sec. 1954.356. JUDICIAL REVIEW. Judicial review of a decision or order of the department imposing a penalty under this subchapter is instituted by filing a petition with a district court in Travis County and is under the substantial evidence rule as provided by Subchapter G, Chapter 2001, Government Code.

  60. Tex. Occupations Code Sec. 1954.357. REMITTANCE OF PENALTY AND INTEREST OR RELEASE OF BOND. If after judicial review the administrative penalty is reduced or is not upheld by the court, the department shall:

  61. Tex. Occupations Code Sec. 1954.401. INJUNCTIVE RELIEF; CIVIL PENALTY.

  62. Tex. Occupations Code Sec. 1954.402. CRIMINAL PENALTY.

Chapter 1955

  1. Tex. Occupations Code Sec. 1955.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 1955.002. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.

  3. Tex. Occupations Code Sec. 1955.051. CERTIFICATION AND ACCREDITATION PROGRAM.

  4. Tex. Occupations Code Sec. 1955.052. CERTIFICATION REQUIREMENT.

  5. Tex. Occupations Code Sec. 1955.053. FEES. The executive commissioner by rule may impose a fee to cover the cost of administering the program. The executive commissioner shall set fees for issuing or renewing a certification or accreditation in amounts designed to allow the department to recover from the certification and accreditation holders all of the department's direct and indirect costs in administering and enforcing this chapter.

  6. Tex. Occupations Code Sec. 1955.054. EXAMINATION RESULTS.

  7. Tex. Occupations Code Sec. 1955.055. TERM OF CERTIFICATION OR ACCREDITATION; EXPIRATION.

  8. Tex. Occupations Code Sec. 1955.056. NOTICE OF EXPIRATION. Not later than the 30th day before the expiration date of a person's certification or accreditation, the department shall send written notice of the impending expiration to the person at the person's last known address according to department records.

  9. Tex. Occupations Code Sec. 1955.057. CERTIFICATION OR ACCREDITATION RENEWAL.

  10. Tex. Occupations Code Sec. 1955.058. RENEWAL BY OUT-OF-STATE PRACTITIONER.

  11. Tex. Occupations Code Sec. 1955.101. DISCIPLINARY ACTION BY DEPARTMENT. The department shall revoke, suspend, or refuse to renew a certification or accreditation or shall reprimand a certified or accredited person for a violation of this chapter or a department rule.

  12. Tex. Occupations Code Sec. 1955.102. PROBATION.

  13. Tex. Occupations Code Sec. 1955.103. ADMINISTRATIVE PENALTY.

  14. Tex. Occupations Code Sec. 1955.104. INJUNCTIVE RELIEF; CIVIL PENALTY.

  15. Tex. Occupations Code Sec. 1955.105. CRIMINAL PENALTY.

Chapter 1956

  1. Tex. Occupations Code Sec. 1956.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 1956.002. EXCEPTION. This chapter does not apply to:

  3. Tex. Occupations Code Sec. 1956.003. LOCAL LAW; CRIMINAL PENALTY.

  4. Tex. Occupations Code Sec. 1956.004. CIVIL PENALTY.

  5. Tex. Occupations Code Sec. 1956.011. ADMINISTRATION OF CHAPTER. The department shall administer this chapter.

  6. Tex. Occupations Code Sec. 1956.012. DEPARTMENT STAFF. The department may employ administrative and clerical staff as necessary to carry out this chapter.

  7. Tex. Occupations Code Sec. 1956.013. RULES. The commission may adopt rules to administer this chapter, including rules:

  8. Tex. Occupations Code Sec. 1956.014. FEES; REPORTS.

  9. Tex. Occupations Code Sec. 1956.015. STATEWIDE ELECTRONIC REPORTING SYSTEM.

  10. Tex. Occupations Code Sec. 1956.016. REGISTRATION DATABASE. The department shall make available on its Internet website a publicly accessible list of all registered metal recycling entities. The list must contain the following for each registered metal recycling entity:

  11. Tex. Occupations Code Sec. 1956.017. ADVISORY COMMITTEE.

  12. Tex. Occupations Code Sec. 1956.018. TRAINING ON IDENTIFYING CERTAIN COPPER OR BRASS MATERIAL.

  13. Tex. Occupations Code Sec. 1956.019. STUDY ON EFFECT OF REGULATIONS ON INCIDENTS OF THEFT OF COPPER OR BRASS MATERIAL.

  14. Tex. Occupations Code Sec. 1956.021. REGISTRATION REQUIRED. A person may not act as a metal recycling entity or represent to the public that the person is a metal recycling entity unless the person is registered under this chapter.

  15. Tex. Occupations Code Sec. 1956.022. ISSUANCE OF CERTIFICATE; QUALIFICATIONS.

  16. Tex. Occupations Code Sec. 1956.023. TERM OF CERTIFICATE.

  17. Tex. Occupations Code Sec. 1956.024. RENEWAL OF CERTIFICATE.

  18. Tex. Occupations Code Sec. 1956.030. FIXED LOCATION.

  19. Tex. Occupations Code Sec. 1956.031. NOTICE TO SELLERS.

  20. Tex. Occupations Code Sec. 1956.032. INFORMATION REGARDING SELLER.

  21. Tex. Occupations Code Sec. 1956.0321. ADDITIONAL REQUIREMENTS REGARDING PURCHASE OF CATALYTIC CONVERTER.

  22. Tex. Occupations Code Sec. 1956.033. RECORD OF PURCHASE.

  23. Tex. Occupations Code Sec. 1956.0331. PHOTOGRAPH OR RECORDING REQUIREMENT FOR REGULATED METAL TRANSACTION.

  24. Tex. Occupations Code Sec. 1956.034. PRESERVATION OF RECORDS. A metal recycling entity shall preserve each record required by Sections 1956.032, 1956.0321, and 1956.033 until the second anniversary of the date the record was made. The records must be kept in an easily retrievable format and must be available for inspection as provided by Section 1956.035 not later than 72 hours after the time of purchase.

  25. Tex. Occupations Code Sec. 1956.035. INSPECTION OF RECORDS.

  26. Tex. Occupations Code Sec. 1956.036. FURNISHING OF REPORT TO DEPARTMENT.

  27. Tex. Occupations Code Sec. 1956.037. PLACEMENT OF ITEMS ON HOLD.

  28. Tex. Occupations Code Sec. 1956.038. PROHIBITED ACTS.

  29. Tex. Occupations Code Sec. 1956.0381. PAYMENT BY METAL RECYCLING ENTITY.

  30. Tex. Occupations Code Sec. 1956.0382. CASH TRANSACTION CARD.

  31. Tex. Occupations Code Sec. 1956.039. HOURS FOR PURCHASING MATERIAL.

  32. Tex. Occupations Code Sec. 1956.040. CRIMINAL PENALTY.

  33. Tex. Occupations Code Sec. 1956.041. ADMINISTRATIVE PENALTY.

  34. Tex. Occupations Code Sec. 1956.051. DEFINITIONS. In this subchapter:

  35. Tex. Occupations Code Sec. 1956.0511. ADMINISTRATION BY COMMISSION.

  36. Tex. Occupations Code Sec. 1956.055. EXCEPTION: CRAFTED PRECIOUS METAL ACQUIRED FROM ANOTHER DEALER WHO PREVIOUSLY MADE REQUIRED REPORTS. This subchapter does not apply to crafted precious metal acquired in good faith in a transaction involving the stock-in-trade of another dealer who previously made the reports concerning that metal as required by this subchapter if:

  37. Tex. Occupations Code Sec. 1956.056. EXCEPTION: CRAFTED PRECIOUS METAL ACQUIRED IN DISSOLUTION OR LIQUIDATION SALE. This subchapter does not apply to crafted precious metal acquired in a nonjudicial sale, transfer, assignment, assignment for the benefit of creditors, or consignment of the assets or stock-in-trade, in bulk, or a substantial part of those assets, of an industrial or commercial enterprise, other than a dealer, for the voluntary dissolution or liquidation of the seller's business, or for disposing of an excessive quantity of personal property, or property that has been acquired in a nonjudicial sale or transfer from an owner other than a dealer, the seller's entire household of personal property, or a substantial part of that property, if the dealer:

  38. Tex. Occupations Code Sec. 1956.057. EXCEPTION: CRAFTED PRECIOUS METAL ACQUIRED IN JUDICIAL SALE. This subchapter does not apply to crafted precious metal acquired in a sale made:

  39. Tex. Occupations Code Sec. 1956.058. EXCEPTION: CRAFTED PRECIOUS METAL ACQUIRED AS PAYMENT FOR OTHER CRAFTED PRECIOUS METAL BY PERSON IN BUSINESS OF SELLING TO CONSUMERS. This subchapter does not apply to crafted precious metal acquired in good faith as part or complete payment for other crafted precious metal by a person whose principal business is primarily that of selling directly to the consumer crafted precious metal that has not been subject to a prior sale.

  40. Tex. Occupations Code Sec. 1956.059. EXCEPTION: CRAFTED PRECIOUS METAL ACQUIRED FROM OR REPORTED TO GOVERNMENTAL AGENCY. This subchapter does not apply to crafted precious metal:

  41. Tex. Occupations Code Sec. 1956.060. EXCEPTION: CRAFTED PRECIOUS METAL ACQUIRED BY PERSON LICENSED UNDER TEXAS PAWNSHOP ACT. This subchapter does not apply to crafted precious metal acquired by:

  42. Tex. Occupations Code Sec. 1956.061. EFFECT ON OTHER LAWS AND ORDINANCES. This subchapter does not:

  43. Tex. Occupations Code Sec. 1956.0611. RULEMAKING. The commission may adopt rules necessary to implement and enforce this subchapter.

  44. Tex. Occupations Code Sec. 1956.0612. REGISTRATION AS DEALER.

  45. Tex. Occupations Code Sec. 1956.0613. INVESTIGATION BY COMMISSIONER. The commissioner shall:

  46. Tex. Occupations Code Sec. 1956.06131. EXAMINATION BY COMMISSIONER.

  47. Tex. Occupations Code Sec. 1956.0614. REVOCATION OF REGISTRATION.

  48. Tex. Occupations Code Sec. 1956.0615. ADMINISTRATIVE PENALTY. The commissioner may assess an administrative penalty not to exceed $500 against a person for each knowing and wilful violation of this chapter.

  49. Tex. Occupations Code Sec. 1956.0616. NOTICE OF ENFORCEMENT ORDER.

  50. Tex. Occupations Code Sec. 1956.062. REPORT OF PURCHASE REQUIRED.

  51. Tex. Occupations Code Sec. 1956.063. FORM OF REPORT; FILING.

  52. Tex. Occupations Code Sec. 1956.064. REQUIRED RETENTION OF CRAFTED PRECIOUS METAL.

  53. Tex. Occupations Code Sec. 1956.065. INSPECTION OF CRAFTED PRECIOUS METAL BY PEACE OFFICER.

  54. Tex. Occupations Code Sec. 1956.066. PURCHASE FROM MINOR.

  55. Tex. Occupations Code Sec. 1956.067. PURCHASE AT TEMPORARY LOCATION OF DEALER.

  56. Tex. Occupations Code Sec. 1956.068. PURCHASE OF MELTED ITEMS. A dealer, in the course of business, may not purchase from a person other than a manufacturer of or a regular dealer in crafted precious metal an object formed as the result of the melting of crafted precious metal.

  57. Tex. Occupations Code Sec. 1956.069. CRIMINAL PENALTY.

  58. Tex. Occupations Code Sec. 1956.101. DEFINITIONS. In this subchapter:

  59. Tex. Occupations Code Sec. 1956.102. EXCEPTION. This subchapter does not apply to a sale or transfer by or on behalf of a metal recycling entity.

  60. Tex. Occupations Code Sec. 1956.103. RESTRICTIONS ON TRANSFER OF CERTAIN PROPERTY.

  61. Tex. Occupations Code Sec. 1956.104. NOTICE OF RESTRICTIONS. A metal recycling entity shall post in a conspicuous location a notice that:

  62. Tex. Occupations Code Sec. 1956.105. CRIMINAL PENALTY.

  63. Tex. Occupations Code Sec. 1956.121. DEFINITION. In this subchapter, "motor vehicle" has the meaning assigned by Section 541.201, Transportation Code.

  64. Tex. Occupations Code Sec. 1956.122. APPLICABILITY; EFFECT OF LAW.

  65. Tex. Occupations Code Sec. 1956.123. LIMITATION ON PURCHASING OR OTHERWISE ACQUIRING CATALYTIC CONVERTERS. A metal recycling entity may not purchase or otherwise acquire a catalytic converter that was removed from a motor vehicle from a person described by Section 1956.002(1), unless each of the following is satisfied:

  66. Tex. Occupations Code Sec. 1956.124. CERTAIN RECORDS REQUIRED WHEN PURCHASING OR OTHERWISE ACQUIRING CATALYTIC CONVERTER; OFFENSE.

  67. Tex. Occupations Code Sec. 1956.125. INSPECTION OF RECORDS. On request, a metal recycling entity shall permit a peace officer, a representative of the department, or a representative of a county, municipality, or other political subdivision that issues a license or permit under Section 1956.003(b) to, during the entity's usual business hours:

  68. Tex. Occupations Code Sec. 1956.126. EFFECT ON LOCAL LAW.

  69. Tex. Occupations Code Sec. 1956.127. DECLARATION UPDATE. If the business activity of a metal recycling entity substantially changes in the extent to which the entity engages in transactions involving catalytic converters removed from motor vehicles, the entity shall update the entity's declaration submitted under Section 1956.022.

  70. Tex. Occupations Code Sec. 1956.128. ADMINISTRATIVE PENALTY.

  71. Tex. Occupations Code Sec. 1956.131. DEFINITION. Notwithstanding Section 1956.001, in this subchapter, the term "copper or brass material" does not include:

  72. Tex. Occupations Code Sec. 1956.132. APPLICABILITY; EFFECT OF LAW.

  73. Tex. Occupations Code Sec. 1956.133. LIMITATION ON PURCHASING OR OTHERWISE ACQUIRING CERTAIN COPPER OR BRASS MATERIAL. A metal recycling entity may not purchase or otherwise acquire copper or brass material from a person described by Section 1956.002(1), unless each of the following is satisfied:

  74. Tex. Occupations Code Sec. 1956.134. CERTAIN RECORDS REQUIRED WHEN PURCHASING OR OTHERWISE ACQUIRING CERTAIN COPPER OR BRASS MATERIAL; OFFENSE.

  75. Tex. Occupations Code Sec. 1956.135. INSPECTION OF RECORDS. On request, a metal recycling entity shall permit a peace officer, a representative of the department, or a representative of a county, municipality, or other political subdivision that issues a license or permit under Section 1956.003(b) to, during the entity's usual business hours:

  76. Tex. Occupations Code Sec. 1956.136. EFFECT ON LOCAL LAW.

  77. Tex. Occupations Code Sec. 1956.137. ADMINISTRATIVE PENALTY.

  78. Tex. Occupations Code Sec. 1956.151. DENIAL OF CERTIFICATE; DISCIPLINARY ACTION. The commission shall deny an application for a certificate of registration, suspend or revoke a certificate of registration, or reprimand a person who is registered under this chapter if the person:

  79. Tex. Occupations Code Sec. 1956.153. HEARING.

  80. Tex. Occupations Code Sec. 1956.201. ENFORCEMENT PROCEEDINGS; INJUNCTION.

  81. Tex. Occupations Code Sec. 1956.202. CIVIL PENALTY.

  82. Tex. Occupations Code Sec. 1956.203. CRIMINAL PENALTY FOR CERTAIN SOLICITATION.

  83. Tex. Occupations Code Sec. 1956.204. GENERAL CRIMINAL PENALTY.

Chapter 1957

  1. Tex. Occupations Code Sec. 1957.001. SHORT TITLE. This chapter may be cited as the Industrial Hygiene Title Recognition Act.

  2. Tex. Occupations Code Sec. 1957.002. INDUSTRIAL HYGIENE CERTIFICATION ORGANIZATION.

  3. Tex. Occupations Code Sec. 1957.003. CERTIFICATION REQUIRED.

  4. Tex. Occupations Code Sec. 1957.004. CIVIL PENALTY.

Chapter 1958

  1. Tex. Occupations Code Sec. 1958.001. DEFINITIONS. In this chapter:

  2. Tex. Occupations Code Sec. 1958.002. SCOPE OF AUTHORITY.

  3. Tex. Occupations Code Sec. 1958.031. ADVISORY BOARD MEMBERSHIP.

  4. Tex. Occupations Code Sec. 1958.032. TERMS; VACANCY.

  5. Tex. Occupations Code Sec. 1958.033. PRESIDING OFFICER. The presiding officer of the commission, with the approval of the commission, shall appoint one of the advisory board members to serve as presiding officer of the advisory board for a term of two years.

  6. Tex. Occupations Code Sec. 1958.034. DUTIES. The advisory board may advise the commission and department on:

  7. Tex. Occupations Code Sec. 1958.051. GENERAL POWERS AND DUTIES. The executive director shall administer and enforce this chapter to protect the public from the adverse health effects of mold.

  8. Tex. Occupations Code Sec. 1958.052. PUBLIC EDUCATION PROGRAM.

  9. Tex. Occupations Code Sec. 1958.0531. RULES. The commission shall adopt rules as necessary to administer this chapter.

  10. Tex. Occupations Code Sec. 1958.054. RULES REGARDING PERFORMANCE STANDARDS AND WORK PRACTICES. The commission by rule shall establish minimum performance standards and work practices for conducting a mold assessment or mold remediation in this state.

  11. Tex. Occupations Code Sec. 1958.056. INSPECTIONS.

  12. Tex. Occupations Code Sec. 1958.058. SAFETY STANDARDS. The commission by rule may develop and establish mold safety standards for license holders if appropriate scientific information exists regarding the effect of mold.

  13. Tex. Occupations Code Sec. 1958.059. CODE OF ETHICS. The commission by rule shall adopt a code of ethics for license holders that promotes the education of mold assessors and mold remediators concerning the ethical, legal, and business principles that should govern their conduct.

  14. Tex. Occupations Code Sec. 1958.101. LICENSE REQUIRED; RULES.

  15. Tex. Occupations Code Sec. 1958.1011. TERM OF LICENSE. A license issued under this chapter is valid for two years.

  16. Tex. Occupations Code Sec. 1958.102. EXEMPTIONS.

  17. Tex. Occupations Code Sec. 1958.103. REGISTRATION REQUIREMENTS FOR EMPLOYEES. The commission may adopt rules to require the registration of employees supervised by license holders.

  18. Tex. Occupations Code Sec. 1958.104. RULES REGARDING LICENSE APPLICATION. The commission shall adopt rules regarding a license application. The commission shall adopt rules that establish minimum requirements for a license, including:

  19. Tex. Occupations Code Sec. 1958.105. EXAMINATION. The department may require that an applicant for a license pass a competency examination to qualify for the license.

  20. Tex. Occupations Code Sec. 1958.106. TRAINING.

  21. Tex. Occupations Code Sec. 1958.151. SCOPE OF WORK ANALYSIS.

  22. Tex. Occupations Code Sec. 1958.152. REMEDIATION WORK PLAN.

  23. Tex. Occupations Code Sec. 1958.153. NOTICE OF PROJECT.

  24. Tex. Occupations Code Sec. 1958.154. CERTIFICATE OF MOLD REMEDIATION; DUTY OF PROPERTY OWNER.

  25. Tex. Occupations Code Sec. 1958.155. CONFLICT OF INTEREST; DISCLOSURE REQUIRED.

  26. Tex. Occupations Code Sec. 1958.156. RECORD REQUIREMENTS; DUTIES OF MOLD REMEDIATORS.

  27. Tex. Occupations Code Sec. 1958.157. OFFICE LOCATION. A license holder shall maintain an office in this state.

  28. Tex. Occupations Code Sec. 1958.158. SERVICE OF PROCESS ON LICENSE HOLDER. The department may serve any notice that law requires the department to serve on a license holder by:

  29. Tex. Occupations Code Sec. 1958.303. EXEMPTION FROM CIVIL LIABILITY FOR CERTAIN PROPERTY OWNERS. A property owner is not liable for damages related to mold remediation on a property if:

  30. Tex. Occupations Code Sec. 1958.304. EXEMPTION FROM CIVIL LIABILITY FOR CERTAIN GOVERNMENTAL ENTITIES. A person is not liable in a civil lawsuit for damages related to a decision to allow occupancy of a property after mold remediation has been performed on the property if:

Parks Wildlife

Chapter 1

  1. Tex. Parks & Wildlife Code Sec. 1.001. PURPOSE OF CODE.

  2. Tex. Parks & Wildlife Code Sec. 1.002. CONSTRUCTION OF CODE. The Code Construction Act (Chapter 311, Government Code) applies to the construction of each provision in this code, except as otherwise expressly provided by this code.

  3. Tex. Parks & Wildlife Code Sec. 1.011. PROPERTY OF THE STATE.

  4. Tex. Parks & Wildlife Code Sec. 1.012. PUBLIC FRESH WATER. Any public freshwater lake, river, creek, or bayou in this state contained in any survey of private land may not be sold but shall remain open to the public. The Parks and Wildlife Department is authorized to protect the fish in public waters under rules as it may prescribe.

  5. Tex. Parks & Wildlife Code Sec. 1.013. FENCES. This code does not prohibit or restrict the owner or occupant of land from constructing or maintaining a fence of any height on the land owned or occupied, and an owner or occupant who constructs such a fence is not liable for the restriction of the movement of wild animals by the fence. The existence of a fence does not affect the status of wild animals as property of the people of this state.

  6. Tex. Parks & Wildlife Code Sec. 1.014. USE OF CERTAIN WEAPONS IN OR ON BED OR BANK OF NAVIGABLE RIVER OR STREAM PROHIBITED.

  7. Tex. Parks & Wildlife Code Sec. 1.101. DEFINITIONS. In this code:

Chapter 11

  1. Tex. Parks & Wildlife Code Sec. 11.001. DEFINITIONS. In this code:

  2. Tex. Parks & Wildlife Code Sec. 11.002. POLICY IMPLEMENTATION. The commission shall develop and implement policies that clearly separate the policymaking responsibilities of the commission and the management responsibilities of the director and the department staff.

  3. Tex. Parks & Wildlife Code Sec. 11.003. APPLICABILITY OF CERTAIN STATE LAW REQUIREMENTS. A requirement under state law that a law enforcement agency adopt a policy that requires the collection and reporting of information relating to persons detained during traffic stops, that a peace officer report information relating to persons detained during traffic and pedestrian stops, or that a law enforcement agency compile, analyze, and report information relating to persons detained during traffic and pedestrian stops does not apply to the department or an employee of the department.

  4. Tex. Parks & Wildlife Code Sec. 11.004. RULES RELATING TO RESIDENCY FOR HUNTING AND OTHER PURPOSES.

  5. Tex. Parks & Wildlife Code Sec. 11.005. SOCIAL SECURITY NUMBERS OF CERTAIN MINORS.

  6. Tex. Parks & Wildlife Code Sec. 11.011. PARKS AND WILDLIFE DEPARTMENT. The Parks and Wildlife Department is established as an agency of the state. It is under the policy direction of the Parks and Wildlife Commission.

  7. Tex. Parks & Wildlife Code Sec. 11.0111. SUNSET PROVISION. The Parks and Wildlife Department is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the department is abolished September 1, 2035.

  8. Tex. Parks & Wildlife Code Sec. 11.012. COMMISSION.

  9. Tex. Parks & Wildlife Code Sec. 11.0121. QUALIFICATIONS. A person may not be a public member of the commission if the person or the person's spouse:

  10. Tex. Parks & Wildlife Code Sec. 11.0122. CONFLICT OF INTEREST.

  11. Tex. Parks & Wildlife Code Sec. 11.0123. LOBBYIST PROHIBITION. A person may not be a member of the commission or act as the general counsel to the commission or the department if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the department.

  12. Tex. Parks & Wildlife Code Sec. 11.0124. DISCRIMINATION IN APPOINTMENTS PROHIBITED. Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.

  13. Tex. Parks & Wildlife Code Sec. 11.0125. REMOVAL OF A COMMISSION MEMBER.

  14. Tex. Parks & Wildlife Code Sec. 11.0126. TRAINING PROGRAM FOR COMMISSION MEMBERS.

  15. Tex. Parks & Wildlife Code Sec. 11.013. TERMS. The members of the commission hold office for staggered terms of six years, with the terms of three members expiring every two years. Each member holds office until his successor is appointed and has qualified. The terms expire on January 31 of odd-numbered years.

  16. Tex. Parks & Wildlife Code Sec. 11.014. PRESIDING OFFICER.

  17. Tex. Parks & Wildlife Code Sec. 11.015. MEETINGS, QUORUM.

  18. Tex. Parks & Wildlife Code Sec. 11.0151. PUBLIC HEARINGS.

  19. Tex. Parks & Wildlife Code Sec. 11.016. EXPENSES, PER DIEM. Members of the commission are entitled to reimbursement for their actual expenses incurred in attending meetings and to the per diem as provided in the general appropriations act.

  20. Tex. Parks & Wildlife Code Sec. 11.0161. NOTIFICATION OF COMMISSION ACTIVITIES.

  21. Tex. Parks & Wildlife Code Sec. 11.0162. ADVISORY COMMITTEES TO COMMISSION.

  22. Tex. Parks & Wildlife Code Sec. 11.0163. USE OF TECHNOLOGY. The commission shall implement a policy requiring the department to use appropriate technological solutions to improve the department's ability to perform its functions. The policy must ensure that the public is able to interact with the department on the Internet.

  23. Tex. Parks & Wildlife Code Sec. 11.0164. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.

  24. Tex. Parks & Wildlife Code Sec. 11.0165. COMPLAINTS.

  25. Tex. Parks & Wildlife Code Sec. 11.017. EXECUTIVE DIRECTOR. The commission may appoint an executive director who is the chief executive officer of the department and performs its administrative duties. The director serves at the will of the commission.

  26. Tex. Parks & Wildlife Code Sec. 11.0171. AUTHORITY TO CONTRACT.

  27. Tex. Parks & Wildlife Code Sec. 11.0172. LIMIT ON CONTRACTS FOR PUBLICATIONS.

  28. Tex. Parks & Wildlife Code Sec. 11.0173. PROHIBITION ON TOBACCO ADVERTISING.

  29. Tex. Parks & Wildlife Code Sec. 11.0174. INTERNAL AFFAIRS OFFICE.

  30. Tex. Parks & Wildlife Code Sec. 11.018. EMPLOYEES. The director may appoint heads of divisions, law enforcement officers, park managers, and other employees authorized by appropriations and necessary for administering the duties and services of the department. These employees serve at the will of the director.

  31. Tex. Parks & Wildlife Code Sec. 11.0181. EMPLOYEES AS EDUCATORS AND OUTREACH PROPONENTS.

  32. Tex. Parks & Wildlife Code Sec. 11.0182. EMPLOYEE FUND-RAISING.

  33. Tex. Parks & Wildlife Code Sec. 11.0183. DONATION OF ACCRUED COMPENSATORY TIME OR ACCRUED ANNUAL LEAVE FOR LEGISLATIVE PURPOSES.

  34. Tex. Parks & Wildlife Code Sec. 11.019. EMPLOYEES AS PEACE OFFICERS.

  35. Tex. Parks & Wildlife Code Sec. 11.0191. ENFORCEMENT OF CODE. Law enforcement officers commissioned by the director and any other peace officers have the authority to enforce all provisions of this code.

  36. Tex. Parks & Wildlife Code Sec. 11.0192. PURCHASE OF BADGE BY RETIRING PEACE OFFICER OR SURVIVOR.

  37. Tex. Parks & Wildlife Code Sec. 11.0193. PURCHASE OF FIREARM FROM DEPARTMENT BY COMMISSIONED PEACE OFFICER.

  38. Tex. Parks & Wildlife Code Sec. 11.0195. USE OF FUNDS TO SUPPORT PEACE OFFICER TRAINING. The department, subject to director approval, may use appropriated funds to purchase food and beverages for training functions required of peace officers of the department.

  39. Tex. Parks & Wildlife Code Sec. 11.020. DEPUTY GAME WARDENS.

  40. Tex. Parks & Wildlife Code Sec. 11.0201. SPECIAL GAME WARDENS.

  41. Tex. Parks & Wildlife Code Sec. 11.021. INFORMATION CONCERNING QUALIFICATIONS AND RESPONSIBILITIES. The director or the director's designee shall provide to commission members and department employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.

  42. Tex. Parks & Wildlife Code Sec. 11.022. EQUAL OPPORTUNITY EMPLOYMENT.

  43. Tex. Parks & Wildlife Code Sec. 11.023. CAREER LADDER PROGRAM. The director or his designee shall develop an intraagency career ladder program, one part of which shall require the intraagency posting of all nonentry level positions concurrently with any public posting.

  44. Tex. Parks & Wildlife Code Sec. 11.024. PERFORMANCE EVALUATIONS. The director or his designee shall develop a system of annual performance evaluations based on measurable job tasks. All merit pay for department employees must be based on the system established under this section.

  45. Tex. Parks & Wildlife Code Sec. 11.025. AUDIT. The financial transactions of the department are subject to audit by the state auditor in accordance with Chapter 321, Government Code.

  46. Tex. Parks & Wildlife Code Sec. 11.0255. EVALUATION OF CONSTRUCTION PROJECTS.

  47. Tex. Parks & Wildlife Code Sec. 11.026. GIFTS OF PROPERTY OR MONEY.

  48. Tex. Parks & Wildlife Code Sec. 11.0261. PROHIBITION AGAINST ACCEPTANCE OF GIFTS, GRATUITIES, AND OTHER THINGS OF VALUE; EXCEPTION.

  49. Tex. Parks & Wildlife Code Sec. 11.0262. CERTAIN GRATUITIES AUTHORIZED.

  50. Tex. Parks & Wildlife Code Sec. 11.027. ESTABLISHMENT OF FEES; REVENUE.

  51. Tex. Parks & Wildlife Code Sec. 11.0271. PUBLIC HUNTING DRAWING; FEES.

  52. Tex. Parks & Wildlife Code Sec. 11.0272. PUBLIC FISHING AND SPECIAL EVENTS DRAWING; FEES.

  53. Tex. Parks & Wildlife Code Sec. 11.028. VOLUNTEER SERVICES.

  54. Tex. Parks & Wildlife Code Sec. 11.0281. VOLUNTEER LIABILITY AND IMMUNITY.

  55. Tex. Parks & Wildlife Code Sec. 11.0285. DONATED BUILDING PROJECTS.

  56. Tex. Parks & Wildlife Code Sec. 11.029. ADMINISTRATION OF OATHS. Employees of the department who are designated as provided by the commission may administer oaths in connection with the permitting, licensing, and other functions of the department.

  57. Tex. Parks & Wildlife Code Sec. 11.030. DISCLOSURE OF PERSONAL CUSTOMER INFORMATION.

  58. Tex. Parks & Wildlife Code Sec. 11.0305. DISCLOSURE OF HARVEST REPORT INFORMATION.

  59. Tex. Parks & Wildlife Code Sec. 11.031. GAME, FISH, AND WATER SAFETY ACCOUNT. There is in the state treasury an account called the "game, fish, and water safety account."

  60. Tex. Parks & Wildlife Code Sec. 11.032. GAME, FISH, AND WATER SAFETY ACCOUNT; SOURCES.

  61. Tex. Parks & Wildlife Code Sec. 11.033. USE OF GAME, FISH, AND WATER SAFETY ACCOUNT.

  62. Tex. Parks & Wildlife Code Sec. 11.034. GAME, FISH, AND WATER SAFETY ACCOUNT EXPENDITURES. All expenditures of the department from the game, fish, and water safety account must be approved by the director. The comptroller shall draw a warrant on the state treasury from the game, fish, and water safety account for the amount of the expenditure in favor of the person claiming the expenditure.

  63. Tex. Parks & Wildlife Code Sec. 11.035. STATE PARKS ACCOUNT.

  64. Tex. Parks & Wildlife Code Sec. 11.037. STATE LAND AND WATER CONSERVATION ACCOUNT.

  65. Tex. Parks & Wildlife Code Sec. 11.038. OPERATING ACCOUNT.

  66. Tex. Parks & Wildlife Code Sec. 11.040. MISTAKEN DEPOSIT.

  67. Tex. Parks & Wildlife Code Sec. 11.041. TRANSFER OF PROPERTY.

  68. Tex. Parks & Wildlife Code Sec. 11.042. FUNDS DEPOSITED IN TREASURY. All money paid to the department under this code or allocated to the department under Section 151.801, Tax Code, other than money received under Subchapter C, Chapter 12, or Chapter 21 of this code, shall be deposited in the State Treasury and may be used only for the administration of this code.

  69. Tex. Parks & Wildlife Code Sec. 11.043. TEXAS PARKS AND WILDLIFE CONSERVATION AND CAPITAL ACCOUNT.

  70. Tex. Parks & Wildlife Code Sec. 11.044. DISPOSITION OF INTEREST ON INVESTMENTS.

  71. Tex. Parks & Wildlife Code Sec. 11.045. APPLICATION OF OTHER LAW. Section 403.095, Government Code, does not apply to revenues accruing to an account established under this chapter.

  72. Tex. Parks & Wildlife Code Sec. 11.046. OFF-HIGHWAY VEHICLE TRAIL AND RECREATIONAL AREA ACCOUNT.

  73. Tex. Parks & Wildlife Code Sec. 11.047. USE OF OFF-HIGHWAY VEHICLE TRAIL AND RECREATIONAL AREA ACCOUNT. Money in the off-highway vehicle trail and recreational area account may be used only for expenditures necessary under Chapter 29 to:

  74. Tex. Parks & Wildlife Code Sec. 11.051. DEFINITIONS. In this subchapter:

  75. Tex. Parks & Wildlife Code Sec. 11.052. SPECIAL NONGAME AND ENDANGERED SPECIES CONSERVATION ACCOUNT. The special nongame and endangered species conservation account is a separate account in the general revenue fund.

  76. Tex. Parks & Wildlife Code Sec. 11.053. SOURCES OF ACCOUNT.

  77. Tex. Parks & Wildlife Code Sec. 11.054. USES OF ACCOUNT.

  78. Tex. Parks & Wildlife Code Sec. 11.055. WILDLIFE ART PRINTS, DECALS, AND STAMPS.

  79. Tex. Parks & Wildlife Code Sec. 11.056. COSTS OF WILDLIFE ART PRINTS, DECALS, AND STAMPS.

  80. Tex. Parks & Wildlife Code Sec. 11.061. LIFETIME LICENSE ENDOWMENT ACCOUNT. The lifetime license endowment account is a separate account in the general revenue fund.

  81. Tex. Parks & Wildlife Code Sec. 11.062. SOURCES OF ACCOUNT.

  82. Tex. Parks & Wildlife Code Sec. 11.063. USES OF ACCOUNT. To the extent allowed by federal law, money in the lifetime license endowment fund and interest earned on the lifetime license endowment account may be used only for the purpose of managing the fish and wildlife resources of this state, as follows:

  83. Tex. Parks & Wildlife Code Sec. 11.064. RESTRICTIONS.

  84. Tex. Parks & Wildlife Code Sec. 11.065. INVESTMENTS. The commission shall adopt rules for the investment of the lifetime license endowment account.

  85. Tex. Parks & Wildlife Code Sec. 11.071. REGULATION OF MINERAL RECOVERY OPERATIONS. The commission may regulate the use of department lands for oil, gas, and other mineral recovery and associated activities as the commission considers reasonable and necessary to protect the surface estate of department lands or to protect human health or property. Department lands include state parks, wildlife management areas, and natural areas.

  86. Tex. Parks & Wildlife Code Sec. 11.072. ENFORCEMENT.

  87. Tex. Parks & Wildlife Code Sec. 11.073. DISPOSITION OF CIVIL PENALTIES. All civil penalties recovered in suits under this subchapter shall be paid to the appropriate fund or account of the department.

  88. Tex. Parks & Wildlife Code Sec. 11.074. EFFECT ON OTHER LAWS. This subchapter does not affect the regulatory authority of the Railroad Commission of Texas.

  89. Tex. Parks & Wildlife Code Sec. 11.081. DEFINITIONS. In this subchapter:

  90. Tex. Parks & Wildlife Code Sec. 11.082. STATE AQUATIC VEGETATION MANAGEMENT PLAN.

  91. Tex. Parks & Wildlife Code Sec. 11.083. LOCAL AQUATIC VEGETATION MANAGEMENT PLAN.

  92. Tex. Parks & Wildlife Code Sec. 11.084. APPLICATION OF AQUATIC HERBICIDE IN PUBLIC BODY OF SURFACE WATER.

  93. Tex. Parks & Wildlife Code Sec. 11.085. LIABILITY.

  94. Tex. Parks & Wildlife Code Sec. 11.086. RECORDS. A governing entity shall maintain for not less than five years all records relating to notifications received under Section 11.084 and any other information relevant to a particular individual request for shoreline treatment.

  95. Tex. Parks & Wildlife Code Sec. 11.101. DEFINITION. In this subchapter, "conservation" includes the conservation of historical, natural, recreational, and wildlife resources.

  96. Tex. Parks & Wildlife Code Sec. 11.102. PLAN APPROVAL; HEARING REQUIRED.

  97. Tex. Parks & Wildlife Code Sec. 11.103. INVENTORY.

  98. Tex. Parks & Wildlife Code Sec. 11.104. LAND AND WATER RESOURCES CONSERVATION AND RECREATION PLAN.

  99. Tex. Parks & Wildlife Code Sec. 11.105. COORDINATION OF CONSERVATION AND RECREATION OPERATIONS. The department shall:

  100. Tex. Parks & Wildlife Code Sec. 11.106. EXEMPTIONS. Section 11.104 does not apply to:

  101. Tex. Parks & Wildlife Code Sec. 11.151. DEFINITION. In this subchapter, "statewide commercial project" means a commercial venture undertaken by the department throughout the state, including promotions, sales, or other activities to raise money for the department. The term does not include a promotion or sale undertaken solely at one site.

  102. Tex. Parks & Wildlife Code Sec. 11.152. BUSINESS PLANS. Each business plan developed under this subchapter must include:

  103. Tex. Parks & Wildlife Code Sec. 11.153. DEPARTMENT PLAN: OPERATIONAL STRATEGIES.

  104. Tex. Parks & Wildlife Code Sec. 11.154. INDIVIDUAL PROJECT PLANS.

  105. Tex. Parks & Wildlife Code Sec. 11.155. ADJUSTMENT OR TERMINATION OF PROJECT FOR FAILURE TO MEET FINANCIAL OBJECTIVES.

  106. Tex. Parks & Wildlife Code Sec. 11.156. CONTRACT WITH PRIVATE SECTOR. The department shall consider contracting out all or part of a statewide commercial project to a private entity or individual, including a nonprofit entity or individual.

  107. Tex. Parks & Wildlife Code Sec. 11.201. DEFINITIONS. In this subchapter:

  108. Tex. Parks & Wildlife Code Sec. 11.202. GENERAL DUTIES.

  109. Tex. Parks & Wildlife Code Sec. 11.203. ACCOUNTABILITY OF NONPROFIT PARTNERS; INVESTMENT RESTRICTIONS.

  110. Tex. Parks & Wildlife Code Sec. 11.204. PLAN. The department shall provide to each nonprofit partner a copy of the plan developed under Section 11.104.

  111. Tex. Parks & Wildlife Code Sec. 11.205. OFFICIAL NONPROFIT PARTNER.

  112. Tex. Parks & Wildlife Code Sec. 11.206. AUDIT OF OFFICIAL NONPROFIT PARTNER.

  113. Tex. Parks & Wildlife Code Sec. 11.207. EXPENDITURES; LIMITS.

  114. Tex. Parks & Wildlife Code Sec. 11.208. PARTNERSHIP WITH NONPROFIT SERVING VETERANS.

  115. Tex. Parks & Wildlife Code Sec. 11.221. DEFINITIONS. In this subchapter:

  116. Tex. Parks & Wildlife Code Sec. 11.222. SELECTION; CONTRACT.

  117. Tex. Parks & Wildlife Code Sec. 11.223. GIFTS AND GRANTS; FUND-RAISING.

  118. Tex. Parks & Wildlife Code Sec. 11.224. USE OF FUNDS. Money received by the department under this subchapter, including money received under a contract or licensing or other agreement or as a gift or grant, may be used only for state site operations and maintenance or other priority projects or programs.

  119. Tex. Parks & Wildlife Code Sec. 11.225. RULES. The commission shall adopt rules to implement this subchapter, including rules that establish guidelines or best practices for official corporate partners.

  120. Tex. Parks & Wildlife Code Sec. 11.226. OTHER DONATION AUTHORITY NOT LIMITED. This subchapter does not limit the department's authority to accept donations that are otherwise authorized.

  121. Tex. Parks & Wildlife Code Sec. 11.251. MAINTENANCE EQUIPMENT REVIEW SYSTEM.

  122. Tex. Parks & Wildlife Code Sec. 11.252. MAINTENANCE PROVIDER REVIEW SYSTEM.

  123. Tex. Parks & Wildlife Code Sec. 11.253. MANAGEMENT PLAN AND PRIORITIES LIST. Not later than January 15 of each odd-numbered year the department shall submit to the governor, the speaker of the house of representatives, the lieutenant governor, and the chair of each house and senate standing committee having jurisdiction over a matter regulated by the department under this code a management plan to address the department's maintenance responsibilities under this subchapter and a priorities list that includes the following information:

  124. Tex. Parks & Wildlife Code Sec. 11.301. EASEMENTS.

  125. Tex. Parks & Wildlife Code Sec. 11.302. CARBON SEQUESTRATION AND SIMILAR ECOSYSTEM SERVICES PROJECTS.

  126. Tex. Parks & Wildlife Code Sec. 11.351. DEFINITIONS. In this subchapter:

  127. Tex. Parks & Wildlife Code Sec. 11.352. APPLICABILITY. This subchapter applies only to prescribed burns conducted by the department on state land managed by the department.

  128. Tex. Parks & Wildlife Code Sec. 11.353. GENERAL AND SPECIFIC PLAN REQUIREMENTS.

  129. Tex. Parks & Wildlife Code Sec. 11.354. NOTICE REQUIREMENTS.

  130. Tex. Parks & Wildlife Code Sec. 11.355. INSURANCE. The department shall purchase liability insurance or establish a self-insurance fund as provided by Subchapter B, Chapter 2259, Government Code, for liability coverage for money damages in the amounts specified by Section 153.082, Natural Resources Code, to protect the department and the department's employees against claims under this subchapter resulting from:

  131. Tex. Parks & Wildlife Code Sec. 11.356. LIABILITY. The department is liable for actual damages for:

  132. Tex. Parks & Wildlife Code Sec. 11.357. LIMITATION ON AMOUNT OF LIABILITY. Liability of the department under this subchapter is limited to money damages in an amount not to exceed the amount paid by the insurance provider described by Section 11.355 to the claimant.

  133. Tex. Parks & Wildlife Code Sec. 11.358. APPLICATION OF TORT CLAIMS ACT.

  134. Tex. Parks & Wildlife Code Sec. 11.359. WAIVER OF GOVERNMENTAL IMMUNITY; PERMISSION TO SUE.

  135. Tex. Parks & Wildlife Code Sec. 11.401. PROTECTION AND USE OF INTELLECTUAL PROPERTY.

Chapter 12

  1. Tex. Parks & Wildlife Code Sec. 12.001. GENERAL DUTIES.

  2. Tex. Parks & Wildlife Code Sec. 12.0011. RESOURCE PROTECTION.

  3. Tex. Parks & Wildlife Code Sec. 12.003. RECORDS.

  4. Tex. Parks & Wildlife Code Sec. 12.004. LIST OF FEES AND FINES.

  5. Tex. Parks & Wildlife Code Sec. 12.005. FUNDS IN LIEU OF TAXES.

  6. Tex. Parks & Wildlife Code Sec. 12.006. PUBLICATIONS ON WILDLIFE VALUES AND MANAGEMENT.

  7. Tex. Parks & Wildlife Code Sec. 12.007. VOLUNTARY CONTRIBUTION TO FUND FOR VETERANS' ASSISTANCE.

  8. Tex. Parks & Wildlife Code Sec. 12.0075. ORGAN DONOR REGISTRY INFORMATION. The department shall add on the department's Internet website a link to the Glenda Dawson Donate Life-Texas Registry operated under Chapter 692A, Health and Safety Code, for persons to access when applying on the department's Internet website for a hunting or fishing license, including a combination hunting and fishing license.

  9. Tex. Parks & Wildlife Code Sec. 12.008. LEASING OF GRAZING OR FARMING RIGHTS: SALE OF PRODUCTS.

  10. Tex. Parks & Wildlife Code Sec. 12.010. NUISANCE OR NOXIOUS AQUATIC VEGETATION PROGRAM.

  11. Tex. Parks & Wildlife Code Sec. 12.011. TEACHING EQUIPMENT. On request of a state-supported institution of higher education engaged in teaching and research related to marine science and oceanography, the department may transfer to the institution fish nets, seines, motors, boats, and other marine equipment confiscated under the authority of the game and fish laws to be used in the teaching and research programs of the institution.

  12. Tex. Parks & Wildlife Code Sec. 12.012. RECREATIONAL WATER SAFETY VIDEO.

  13. Tex. Parks & Wildlife Code Sec. 12.013. POWER TO TAKE WILDLIFE; FISH.

  14. Tex. Parks & Wildlife Code Sec. 12.014. NOTICE OF WILDLIFE DISEASE OUTBREAK.

  15. Tex. Parks & Wildlife Code Sec. 12.015. REGULATION OF FISH, SHELLFISH, AND AQUATIC PLANTS. The department shall regulate the introduction and stocking of fish, shellfish, and aquatic plants into the public water of the state.

  16. Tex. Parks & Wildlife Code Sec. 12.017. DAMAGING MARKERS.

  17. Tex. Parks & Wildlife Code Sec. 12.018. ACCEPTANCE AND DISPOSITION OF GIFTS.

  18. Tex. Parks & Wildlife Code Sec. 12.019. PENALTIES.

  19. Tex. Parks & Wildlife Code Sec. 12.023. NOTICE OF CONSTRUCTION OF CERTAIN STRUCTURES.

  20. Tex. Parks & Wildlife Code Sec. 12.024. WATER PERMIT RESPONSIBILITIES.

  21. Tex. Parks & Wildlife Code Sec. 12.025. TECHNICAL GUIDANCE TO LANDOWNERS.

  22. Tex. Parks & Wildlife Code Sec. 12.0251. DISCLOSURE OF INFORMATION COLLECTED DURING TECHNICAL GUIDANCE TO PRIVATE LANDOWNER.

  23. Tex. Parks & Wildlife Code Sec. 12.026. MULTIPLE USE OF LAND. A tract of land purchased primarily for a purpose authorized by this code may be used for any authorized function of the department if the commission determines that multiple use is the best utilization of the land's resources.

  24. Tex. Parks & Wildlife Code Sec. 12.027. ADOPTION OF EMERGENCY RULES. If the commission or the executive director finds that there is an immediate danger to a species authorized to be regulated by the department, or that strict compliance with existing department rules would in any way prevent, hinder, or delay necessary action in coping with a disaster declared by the governor, the commission or the executive director may adopt emergency rules as provided by Chapter 2001, Government Code.

  25. Tex. Parks & Wildlife Code Sec. 12.028. POWERS AND DUTIES REGARDING TEXAS WATER TRUST.

  26. Tex. Parks & Wildlife Code Sec. 12.101. DEFINITIONS. In this subchapter:

  27. Tex. Parks & Wildlife Code Sec. 12.102. INSPECTION OF WILDLIFE RESOURCES.

  28. Tex. Parks & Wildlife Code Sec. 12.1025. RISK-BASED INSPECTIONS OF NONRECREATIONAL AUTHORIZATION HOLDERS.

  29. Tex. Parks & Wildlife Code Sec. 12.103. ENTERING LAND; USE OF INFORMATION OBTAINED BY ENTRY; CIVIL PENALTY.

  30. Tex. Parks & Wildlife Code Sec. 12.104. RIGHT TO SEARCH AND INSPECT.

  31. Tex. Parks & Wildlife Code Sec. 12.105. SUITS.

  32. Tex. Parks & Wildlife Code Sec. 12.106. NOTICE TO APPEAR.

  33. Tex. Parks & Wildlife Code Sec. 12.107. REMISSION OF FINES.

  34. Tex. Parks & Wildlife Code Sec. 12.108. EXPENSES. In making an arrest, summoning a witness, and serving a process, the department is entitled to the same fee and mileage allowance as a sheriff. The fee is charged and collected in the same manner as sheriff's fees.

  35. Tex. Parks & Wildlife Code Sec. 12.109. CONFISCATION AND DISPOSITION OF AQUATIC PRODUCTS.

  36. Tex. Parks & Wildlife Code Sec. 12.110. DISPOSITION OF CONFISCATED GAME.

  37. Tex. Parks & Wildlife Code Sec. 12.1101. SEIZURE AND DISPOSAL OF CERTAIN ANIMALS' PELTS AND CARCASSES.

  38. Tex. Parks & Wildlife Code Sec. 12.1104. REMOVAL AND DISPOSAL OF ABANDONED FISHING DEVICE.

  39. Tex. Parks & Wildlife Code Sec. 12.1105. SEIZURE AND DISPOSITION OF UNLAWFUL FISHING DEVICES.

  40. Tex. Parks & Wildlife Code Sec. 12.1106. SEIZURE AND DISPOSITION OF CONTRABAND; IMMUNITY.

  41. Tex. Parks & Wildlife Code Sec. 12.113. COASTAL SURVEY CHARTS ADMISSIBLE. In any prosecution under this code, United States Coastal Survey Charts are admissible.

  42. Tex. Parks & Wildlife Code Sec. 12.114. DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CERTIFICATE REQUIRED.

  43. Tex. Parks & Wildlife Code Sec. 12.115. OFFENSE.

  44. Tex. Parks & Wildlife Code Sec. 12.116. JUSTICE COURT TO PROVIDE AFFIDAVITS CERTIFYING CERTAIN CONVICTIONS.

  45. Tex. Parks & Wildlife Code Sec. 12.117. JUSTICE COURT TO PROVIDE AFFIDAVITS CERTIFYING CERTAIN CONVICTIONS AND OTHER INFORMATION.

  46. Tex. Parks & Wildlife Code Sec. 12.119. VIOLATION OF COMMISSION RULE ON POSSESSION OF LICENSE; PENALTY.

  47. Tex. Parks & Wildlife Code Sec. 12.201. CREATION OF FUND. The department may accept and deposit in a special fund outside the state treasury, called the operation game thief fund, donations from any person made for purposes of this subchapter. Funds deposited in the operation game thief fund may be used only for the maintenance of that fund, promotion of the operation game thief program through advertisement and marketing, the development, acquisition, and implementation of technological advancements to facilitate the apprehension and prosecution of persons who violate laws of this state intended to protect the state's natural or cultural resources or the public safety of persons using those natural or cultural resources, and payment of rewards and death benefits authorized by this subchapter. The Operation Game Thief Committee shall adopt rules for the implementation of the operation game thief program and maintenance of the operation game thief fund.

  48. Tex. Parks & Wildlife Code Sec. 12.202. OPERATION GAME THIEF COMMITTEE.

  49. Tex. Parks & Wildlife Code Sec. 12.203. REWARDS; CLAIMS.

  50. Tex. Parks & Wildlife Code Sec. 12.204. REWARDS; PAYMENTS. No amount in excess of that on deposit in the operation game thief fund is payable as a reward under this section or as a death benefit payment under Section 12.206 of this code. No reward may be granted to a person, or an immediate family member of a person, who is a peace officer, deputy game warden, prosecutor, employee of the department, or member of the judiciary.

  51. Tex. Parks & Wildlife Code Sec. 12.205. POWERS OF THE DEPARTMENT. The department may:

  52. Tex. Parks & Wildlife Code Sec. 12.206. PAYMENT OF DEATH BENEFITS. The committee may use the operation game thief fund to supplement any death benefits received by the families of peace officers employed by the department who are killed in the line of duty. The committee shall adopt guidelines for the payment of death benefits under this section.

  53. Tex. Parks & Wildlife Code Sec. 12.207. DONATION TO FUND BY HUNTING OR FISHING LICENSE APPLICANT.

  54. Tex. Parks & Wildlife Code Sec. 12.301. LIABILITY FOR VALUE OF FISH, SHELLFISH, REPTILE, AMPHIBIAN, BIRD, OR ANIMAL. A person who kills, catches, takes, possesses, or injures any fish, shellfish, reptile, amphibian, bird, or animal in violation of this code or a proclamation or regulation adopted under this code is liable to the state for the value of each fish, shellfish, reptile, amphibian, bird, or animal unlawfully killed, caught, taken, possessed, or injured.

  55. Tex. Parks & Wildlife Code Sec. 12.302. VALUE OF FISH, SHELLFISH, REPTILE, AMPHIBIAN, BIRD, OR ANIMAL. For purposes of this subchapter and for determining damages under Section 7.109, Water Code, the commission shall adopt rules to establish guidelines for determining the value of injured or destroyed fish, shellfish, reptiles, amphibians, birds, and animals.

  56. Tex. Parks & Wildlife Code Sec. 12.303. CIVIL SUIT FOR RECOVERY OF VALUE.

  57. Tex. Parks & Wildlife Code Sec. 12.304. MORE THAN ONE DEFENDANT. If more than one defendant is named in a suit brought under this subchapter, each defendant against whom judgment is rendered is jointly and severally liable for the recovery provided by this subchapter.

  58. Tex. Parks & Wildlife Code Sec. 12.305. RECOVERY OF VALUE IN ADDITION TO FINE. The recovery amount provided by this subchapter is in addition to any fine, forfeiture, penalty, or costs imposed under another law.

  59. Tex. Parks & Wildlife Code Sec. 12.306. BOTH CIVIL SUIT AND CRIMINAL PROSECUTION PERMISSIBLE. The pendency or determination of a suit brought under this subchapter or the pendency or determination of a criminal prosecution for the same killing, catching, taking, possession, or injury does not bar the other action.

  60. Tex. Parks & Wildlife Code Sec. 12.307. DISPOSITION OF RECOVERY.

  61. Tex. Parks & Wildlife Code Sec. 12.308. CERTAIN COSTS RECOVERABLE.

  62. Tex. Parks & Wildlife Code Sec. 12.401. APPLICATION. A person adjudged guilty of an offense under this code or a proclamation or regulation adopted under this code shall be punished in accordance with this subchapter and the Code of Criminal Procedure, 1965.

  63. Tex. Parks & Wildlife Code Sec. 12.402. CIVIL PENALTY. This subchapter does not deprive a court of authority conferred by law to forfeit property, suspend or cancel a license or permit, cite for contempt, or impose any other civil penalty. The civil penalty may be included in the sentence.

  64. Tex. Parks & Wildlife Code Sec. 12.403. CLASSIFICATION OF OFFENSES.

  65. Tex. Parks & Wildlife Code Sec. 12.404. CLASS A PARKS AND WILDLIFE CODE MISDEMEANOR. An individual adjudged guilty of a Class A Parks and Wildlife Code misdemeanor shall be punished by:

  66. Tex. Parks & Wildlife Code Sec. 12.405. CLASS B PARKS AND WILDLIFE CODE MISDEMEANOR. An individual adjudged guilty of a Class B Parks and Wildlife Code misdemeanor shall be punished by:

  67. Tex. Parks & Wildlife Code Sec. 12.406. CLASS C PARKS AND WILDLIFE CODE MISDEMEANOR. An individual adjudged guilty of a Class C Parks and Wildlife Code misdemeanor shall be punished by a fine of not less than $25 nor more than $500.

  68. Tex. Parks & Wildlife Code Sec. 12.4061. PARKS AND WILDLIFE CODE STATE JAIL FELONY.

  69. Tex. Parks & Wildlife Code Sec. 12.407. PARKS AND WILDLIFE CODE FELONY.

  70. Tex. Parks & Wildlife Code Sec. 12.408. SUBSEQUENT CONVICTIONS. The use of a conviction for enhancement purposes does not preclude the subsequent use of a conviction for enhancement purposes.

  71. Tex. Parks & Wildlife Code Sec. 12.409. SEPARATE OFFENSES. Each fish, bird, animal, reptile, amphibian, or egg or part of a fish, bird, animal, reptile, amphibian, or egg taken, possessed, killed, left to die, imported, exported, offered for sale, sold, purchased, attempted to be purchased, or retained in violation of any provision of this code or a proclamation or regulation adopted under this code constitutes a separate offense.

  72. Tex. Parks & Wildlife Code Sec. 12.410. AUTHORIZED PUNISHMENTS FOR CORPORATIONS AND ASSOCIATIONS.

  73. Tex. Parks & Wildlife Code Sec. 12.411. JURISDICTION OF JUSTICE COURT. In addition to the jurisdiction provided by the constitution and other law, a justice court has jurisdiction of Class C Parks and Wildlife Code misdemeanors.

  74. Tex. Parks & Wildlife Code Sec. 12.501. REVOCATION OR SUSPENSION OF LICENSE OR PERMIT.

  75. Tex. Parks & Wildlife Code Sec. 12.5015. AUTOMATIC REVOCATION OF HUNTING OR FISHING LICENSE OR PERMIT.

  76. Tex. Parks & Wildlife Code Sec. 12.502. NOTICE; HEARING. The department must give the licensee or permittee an opportunity for a hearing concerning the suspension or revocation of the license or permit. Notice of the hearing must be given and the hearing held as provided by Sections 2001.052 and 2001.054, Government Code.

  77. Tex. Parks & Wildlife Code Sec. 12.503. NOTICE OF SUSPENSION OR REVOCATION.

  78. Tex. Parks & Wildlife Code Sec. 12.504. TIME OF SUSPENSION OR REVOCATION.

  79. Tex. Parks & Wildlife Code Sec. 12.505. VIOLATION OF SUSPENSION, REFUSAL, OR REVOCATION. A person who engages in an activity requiring a permit or license during the time for which such license or permit has been suspended, refused, or revoked commits an offense that is a Class A Parks and Wildlife Code misdemeanor.

  80. Tex. Parks & Wildlife Code Sec. 12.506. APPEAL FROM SUSPENSION, REFUSAL, OR REVOCATION OF LICENSE OR PERMIT.

  81. Tex. Parks & Wildlife Code Sec. 12.507. ALTERNATIVES TO SUSPENSION.

  82. Tex. Parks & Wildlife Code Sec. 12.508. REFUSAL OF LICENSE OR PERMIT.

  83. Tex. Parks & Wildlife Code Sec. 12.601. APPLICABILITY OF SUBCHAPTER. This subchapter applies only to the following permits:

  84. Tex. Parks & Wildlife Code Sec. 12.602. DEFINITIONS. In this subchapter:

  85. Tex. Parks & Wildlife Code Sec. 12.603. GENERAL CIRCUMSTANCES FOR REFUSAL TO ISSUE OR RENEW PERMIT. The department may refuse to issue or renew a permit if the applicant fails to submit in a timely manner the following:

  86. Tex. Parks & Wildlife Code Sec. 12.604. CONSIDERATIONS FOR ISSUANCE OR RENEWAL OF PERMIT; APPLICANT WITH PRIOR PENALTIES OR CONVICTIONS.

  87. Tex. Parks & Wildlife Code Sec. 12.605. PROCEDURE FOR REFUSAL TO ISSUE OR RENEW PERMIT.

  88. Tex. Parks & Wildlife Code Sec. 12.606. REVIEW OF REFUSAL TO ISSUE OR RENEW PERMIT. In conducting a review of a decision by the department to refuse to issue or renew a permit, the department shall consider:

  89. Tex. Parks & Wildlife Code Sec. 12.607. APPEAL OF DEPARTMENT DECISION REFUSING TO ISSUE OR RENEW PERMIT.

  90. Tex. Parks & Wildlife Code Sec. 12.701. ISSUANCE OF LICENSE, STAMP, PERMIT, OR TAG BY LICENSE DEPUTIES. The department may authorize the issuance of a license, stamp, permit, or tag by a license deputy.

  91. Tex. Parks & Wildlife Code Sec. 12.702. LICENSE DEPUTIES; FEES.

  92. Tex. Parks & Wildlife Code Sec. 12.703. POINT-OF-SALE SYSTEM.

  93. Tex. Parks & Wildlife Code Sec. 12.704. DUTIES OF LICENSE DEPUTIES. A license deputy shall:

  94. Tex. Parks & Wildlife Code Sec. 12.705. LICENSE, STAMP, PERMIT, AND TAG SALES REPORTS.

  95. Tex. Parks & Wildlife Code Sec. 12.706. UNISSUED ITEMS. A license deputy shall return to the department, at the department's request, unissued licenses, stamps, permits, tags, or any other materials or equipment furnished to the license deputy by the department.

  96. Tex. Parks & Wildlife Code Sec. 12.707. ISSUANCE OR ACCEPTANCE OF LICENSE, STAMP, PERMIT, OR TAG. No person may issue or accept a license, stamp, permit, or tag required by this code except on a form provided by the department.

  97. Tex. Parks & Wildlife Code Sec. 12.708. LIABILITY OF LICENSE DEPUTY FOR SALES.

Chapter 13

  1. Tex. Parks & Wildlife Code Sec. 13.001. CONTROL BY DEPARTMENT.

  2. Tex. Parks & Wildlife Code Sec. 13.002. DEVELOPMENT AND ACQUISITION OF OUTDOOR AREAS. The department may:

  3. Tex. Parks & Wildlife Code Sec. 13.003. GIFTS AND IMPROVEMENTS OF PARK SITES. The department may receive gifts of state park sites and may improve and equip parks sites or contract for their improvement and equipment.

  4. Tex. Parks & Wildlife Code Sec. 13.004. FINANCING OF PARK PROGRAMS.

  5. Tex. Parks & Wildlife Code Sec. 13.0041. USE OF CERTAIN BOND REVENUE. The department shall, if practicable, apportion at least fifteen percent of any money received by the department from the proceeds of the sale of bonds issued under Section 50-f, Article III, Texas Constitution, to specific park maintenance or improvement projects for which matching private or local money for the specific state parks and wildlife projects has been made available to the department.

  6. Tex. Parks & Wildlife Code Sec. 13.0044. PREFERENCE FOR CERTAIN PARK PROGRAMS. In selecting parks for capital improvements, the department may give a preference to programs in which the department matches locally raised money on a dollar-for-dollar basis.

  7. Tex. Parks & Wildlife Code Sec. 13.0045. REVENUE BONDS FOR PARKS AND WILDLIFE FACILITIES.

  8. Tex. Parks & Wildlife Code Sec. 13.0046. COOPERATION WITH INSTITUTIONS OF HIGHER EDUCATION.

  9. Tex. Parks & Wildlife Code Sec. 13.005. ACQUISITION OF HISTORICAL SITES.

  10. Tex. Parks & Wildlife Code Sec. 13.0051. COORDINATION WITH TEXAS HISTORICAL COMMISSION; REPORT ON PRESERVATION PLANS. The department shall meet regularly with the Texas Historical Commission regarding plans to preserve and develop historical sites in this state.

  11. Tex. Parks & Wildlife Code Sec. 13.0052. REPORTS. The department shall periodically prepare reports on plans to preserve and develop historical sites under the jurisdiction of the department in this state.

  12. Tex. Parks & Wildlife Code Sec. 13.0053. REFERENCE TO HISTORICAL SITES.

  13. Tex. Parks & Wildlife Code Sec. 13.006. LEASE OF LANDS.

  14. Tex. Parks & Wildlife Code Sec. 13.0061. LEASE OF GRAZING RIGHTS ON PARK LANDS; SALE OF PRODUCTS.

  15. Tex. Parks & Wildlife Code Sec. 13.007. INVESTIGATION EXPENSES. A locality may pay the expenses of a representative of the department for a trip to the locality to determine the suitability of a site for a state park. If the expenses of the representative are paid by the locality, state funds may not be used for the expenses of the trip.

  16. Tex. Parks & Wildlife Code Sec. 13.0075. ELIGIBILITY CRITERIA FOR INCLUSION OF REAL PROPERTY IN STATE PARKS SYSTEM.

  17. Tex. Parks & Wildlife Code Sec. 13.008. SOLICITATION, RECEIPT, AND TRANSFER OF LAND.

  18. Tex. Parks & Wildlife Code Sec. 13.009. SALE OR EXCHANGE OF LAND.

  19. Tex. Parks & Wildlife Code Sec. 13.010. HISTORIC SITES. The department and the Texas Historical Commission may cooperate to locate, designate, and suitably mark historic grounds, battlefields, and other historic spots in Texas as historic sites. Fitting markers may be erected; however, no expense may be incurred in the name of the state for this project.

  20. Tex. Parks & Wildlife Code Sec. 13.011. NATURAL FEATURES.

  21. Tex. Parks & Wildlife Code Sec. 13.012. ROADSIDE PARKS. An area under the control of the department which is more suitable for use as a roadside park than any other type of park may be transferred to the Texas Department of Transportation for roadside park purposes if the land meets the specifications of the Texas Department of Transportation.

  22. Tex. Parks & Wildlife Code Sec. 13.013. CONSTRUCTION OF ROADS BY TEXAS DEPARTMENT OF TRANSPORTATION.

  23. Tex. Parks & Wildlife Code Sec. 13.014. ROADS AND TRAILS TO CERTAIN PARK SITES.

  24. Tex. Parks & Wildlife Code Sec. 13.0145. SPEED LIMITS.

  25. Tex. Parks & Wildlife Code Sec. 13.015. PARK USER FEES; CONCESSIONS.

  26. Tex. Parks & Wildlife Code Sec. 13.0151. STATE PARK PASSES.

  27. Tex. Parks & Wildlife Code Sec. 13.0155. USE OF PARKS AND WILDLIFE DEPARTMENT BRAND.

  28. Tex. Parks & Wildlife Code Sec. 13.016. INMATE LABOR.

  29. Tex. Parks & Wildlife Code Sec. 13.017. PUBLICATIONS ON PARKS.

  30. Tex. Parks & Wildlife Code Sec. 13.018. STATE PARKLANDS PASSPORT.

  31. Tex. Parks & Wildlife Code Sec. 13.019. FACILITY RESERVATION SYSTEM AND FEE.

  32. Tex. Parks & Wildlife Code Sec. 13.0191. FACILITY AND LODGING FEES. A fee charged by the department under this subchapter for the use of a facility or lodging at a state park may vary on a seasonal basis and may be set in an amount to recover the direct and indirect costs of providing the facility or lodging and provide a reasonable rate of return to the department. Items to be considered in setting a fee include the cost required to provide, maintain, and improve amenities available at the site and seasonal variables such as the cost of staffing to meet demand and costs of heating or air conditioning.

  33. Tex. Parks & Wildlife Code Sec. 13.020. LOCAL PUBLIC HEARINGS ON PARK DEVELOPMENT PLANS. Before the commission approves a park master development plan, the department must hold a public hearing to receive comments on the plan in an area near the location of the new park site.

  34. Tex. Parks & Wildlife Code Sec. 13.022. EASEMENT THROUGH CADDO LAKE STATE PARK. The department shall grant an easement through Caddo Lake State Park to provide access to private real property located within the park.

  35. Tex. Parks & Wildlife Code Sec. 13.023. LIFEGUARDS AND SIGNAGE IN CERTAIN AREAS.

  36. Tex. Parks & Wildlife Code Sec. 13.101. AUTHORIZATION. The commission may promulgate regulations governing the health, safety, and protection of persons and property in state parks, historic sites, scientific areas, or forts under the control of the department, including public water within state parks, historic sites, scientific areas, and forts.

  37. Tex. Parks & Wildlife Code Sec. 13.102. SCOPE OF REGULATIONS. The regulations may govern:

  38. Tex. Parks & Wildlife Code Sec. 13.103. ADVERTISING. The commission by rule shall prohibit inappropriate commercial advertising in state parks, natural areas, historic sites, or other sites under the jurisdiction of the department to preserve the integrity of the sites and to minimize distractions that may interfere with the enjoyment of the sites by visitors.

  39. Tex. Parks & Wildlife Code Sec. 13.106. POSTING OF REGULATIONS. All specific or general regulations applying to a state park, historic site, scientific area, or fort must be posted in a conspicuous place at the park, site, or fort. A copy of the regulations shall be made available on request to persons using the park.

  40. Tex. Parks & Wildlife Code Sec. 13.108. REMOVAL FROM PARK.

  41. Tex. Parks & Wildlife Code Sec. 13.109. ENFORCEMENT OF REGULATIONS. Regulations adopted under this subchapter may be enforced by any peace officer, including those employees of the department commissioned as peace officers under Section 11.019 of this code. A notice to appear may be issued by a peace officer for violation of a regulation on a form prescribed by the commission.

  42. Tex. Parks & Wildlife Code Sec. 13.110. EFFECT OF REGULATIONS. No regulation adopted under this subchapter may amend or repeal any penal law of this state.

  43. Tex. Parks & Wildlife Code Sec. 13.112. PENALTY. A person who violates a regulation adopted under Subchapter B of this chapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

  44. Tex. Parks & Wildlife Code Sec. 13.201. AUTHORIZATION. The commission may make regulations prohibiting the use of firearms or certain types of firearms on state property adjacent to state parks and within 200 yards of the boundary of the state park.

  45. Tex. Parks & Wildlife Code Sec. 13.202. APPLICATION LIMITED. The regulations of the commission under Section 13.201 of this code apply only to state parks located within one mile of coastal water of this state.

  46. Tex. Parks & Wildlife Code Sec. 13.205. PENALTY. A person who violates a regulation made by the commission under Section 13.201 of this code commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

  47. Tex. Parks & Wildlife Code Sec. 13.301. PROGRAMS FOR THE DEVELOPMENT OF HISTORIC SITES AND STRUCTURES.

  48. Tex. Parks & Wildlife Code Sec. 13.302. PROGRAMS FOR THE DEVELOPMENT OF OUTDOOR RECREATION RESOURCES. The department is the state agency to cooperate with the federal government in the administration of federal assistance programs for the planning, acquisition, operation, and development of the outdoor recreation resources of the state, including acquisition of land and water and interests in land and water. The department shall cooperate with the federal government in the administration of the provisions of the Land and Water Conservation Fund Act of 1965 (Public Law 88-578).

  49. Tex. Parks & Wildlife Code Sec. 13.303. COOPERATION WITH OTHER AGENCIES.

  50. Tex. Parks & Wildlife Code Sec. 13.304. ADDITIONAL POWERS OF COUNTIES AND SPECIAL DISTRICTS. Counties, river authorities, water districts, and other political subdivisions organized under Article III, Section 52, or Article XVI, Section 59, of the Texas Constitution, may:

  51. Tex. Parks & Wildlife Code Sec. 13.305. CONDEMNATION PROCEEDINGS.

  52. Tex. Parks & Wildlife Code Sec. 13.306. APPLICATION FOR PARTICIPATION IN FEDERAL PROGRAMS.

  53. Tex. Parks & Wildlife Code Sec. 13.307. COORDINATION OF ACTIVITIES. To obtain the benefits of outdoor recreation programs under this subchapter, the department shall coordinate its activities with and represent the interests of all agencies and political subdivisions of the state as a part of a state plan. The state plan shall include cities, counties, water districts, river authorities, and special districts in outdoor recreation having interests in the planning, development, acquisition, operation, and maintenance of outdoor recreation resources and facilities.

  54. Tex. Parks & Wildlife Code Sec. 13.308. AVAILABILITY OF STATE FUNDS.

  55. Tex. Parks & Wildlife Code Sec. 13.309. AVAILABILITY OF LOCAL FUNDS. The department may agree with the United States or any appropriate agency to plan, acquire, operate, and develop projects involving participating federal aid funds on behalf of any political subdivision of this state if the political subdivision certifies to the department that:

  56. Tex. Parks & Wildlife Code Sec. 13.310. RECEIPT AND EXPENDITURE OF FUNDS.

  57. Tex. Parks & Wildlife Code Sec. 13.311. PROJECT PRIORITY. The department may make rules and regulations governing the priority of projects submitted under an outdoor recreation plan under this subchapter and within the limitations of the appropriations made for these purposes.

  58. Tex. Parks & Wildlife Code Sec. 13.312. ADMINISTRATION EXPENSE. The department may employ necessary personnel, as determined by the director, and expend amounts necessary to administer efficiently the outdoor recreation programs under this subchapter.

  59. Tex. Parks & Wildlife Code Sec. 13.313. FISH AND WILDLIFE RESTORATION PROJECTS. The department may conduct and establish cooperative fish and wildlife restoration projects under the provisions of Public Law No. 415, Acts of the 75th Congress, and Public Law No. 681, Acts of the 81st Congress, as amended.

  60. Tex. Parks & Wildlife Code Sec. 13.314. COMPLIANCE IN FISHERY MANAGEMENT. The department may cooperate and contract with the Gulf of Mexico Fishery Management Council or the National Marine Fisheries Service for conduct of such work as may be necessary in complying with requirements of the Fishery Conservation and Management Act of 1976 (16 U.S.C.A. Section 1801 et seq.).

Chapter 14

  1. Tex. Parks & Wildlife Code Sec. 14.001. DEFINITIONS. In this chapter:

  2. Tex. Parks & Wildlife Code Sec. 14.002. STATE-OWNED WETLAND CONSERVATION PLAN.

  3. Tex. Parks & Wildlife Code Sec. 14.003. GIFTS AND GRANTS. The department and the land office may apply for, request, solicit, contract for, receive, and accept gifts, grants, donations, and other assistance from any source to carry out the powers and duties provided by this subchapter.

Chapter 21

  1. Tex. Parks & Wildlife Code Sec. 21.001. ISSUANCE OF PARK DEVELOPMENT BONDS. The department, by resolution of the commission, from time to time may provide for the issuance of negotiable bonds in an aggregate amount not to exceed $75 million pursuant to the provisions of Article III, Section 49-e, of the Texas Constitution. All bonds provided for under this section shall be issued by the Texas Public Finance Authority, acting on behalf of the department. In connection with the issuance of such bonds, the Texas Public Finance Authority is subject to all rights, duties, and conditions set forth in this chapter with respect to the issuance of bonds by the department.

  2. Tex. Parks & Wildlife Code Sec. 21.002. DESCRIPTION OF BONDS. The bonds are called State of Texas Park Development Bonds and shall be issued on a parity. The department may issue them in one or several installments and shall date the bonds of each issue.

  3. Tex. Parks & Wildlife Code Sec. 21.003. SALE PRICE. The department may not sell an installment or series of bonds for an amount less than the face value of all of the bonds comprising the installment or series with the accrued interest from their date of issuance.

  4. Tex. Parks & Wildlife Code Sec. 21.004. INTEREST RATE. The department shall determine the rate of interest of an installment or series of bonds and shall determine whether interest is payable annually or semiannually.

  5. Tex. Parks & Wildlife Code Sec. 21.005. FORM, DENOMINATION, PLACE OF PAYMENT. The department shall determine:

  6. Tex. Parks & Wildlife Code Sec. 21.006. MATURITY. The bonds of each issue mature, serially or otherwise, not more than 40 years from their date.

  7. Tex. Parks & Wildlife Code Sec. 21.007. REDEMPTION BEFORE MATURITY. In the resolution providing for the issuance of bonds, the department may determine the price, terms, and conditions for redemption of bonds before maturity.

  8. Tex. Parks & Wildlife Code Sec. 21.008. REGISTERED AND BEARER BONDS. The resolution may provide for the registration of bonds as to ownership, successive conversion and reconversion from bearer to registered bonds, and successive conversion and reconversion from registered to bearer bonds.

  9. Tex. Parks & Wildlife Code Sec. 21.009. NOTICE OF BOND SALE.

  10. Tex. Parks & Wildlife Code Sec. 21.010. COMPETITIVE BIDS. The bonds shall be sold only after competitive bidding to the highest and best bidder. The department may reject any or all bids.

  11. Tex. Parks & Wildlife Code Sec. 21.011. SECURITY FOR BIDS. The department shall require every bidder, except administrators of state funds, to include with their bid an exchange or cashier's check for an amount the department considers adequate as a forfeit guaranteeing acceptance of and payment for all bonds covered by the bid.

  12. Tex. Parks & Wildlife Code Sec. 21.012. APPROVAL OF BONDS; REGISTRATION. Before delivering bonds to the purchasers, the department shall submit the bonds and the records pertaining to them for approval by the attorney general. When approval is obtained, the bonds shall be registered in the office of the comptroller of public accounts.

  13. Tex. Parks & Wildlife Code Sec. 21.013. EXECUTION OF BONDS.

  14. Tex. Parks & Wildlife Code Sec. 21.014. FACSIMILE SIGNATURES AND SEALS. In the resolution authorizing the issuance of an installment or series of bonds, the commission may prescribe the extent to which facsimile signatures and facsimile seals instead of manual signatures and manually impressed seals may be used in executing the bonds and appurtenant coupons. Interest coupons may be signed by the facsimile signatures of the presiding officer and the director.

  15. Tex. Parks & Wildlife Code Sec. 21.015. SIGNATURE OF FORMER OFFICER. If an officer whose signature or facsimile signature appears on a bond or whose facsimile signature appears on a coupon ceases to be an officer before the delivery of the bond, the signature is valid and sufficient for all purposes as if he had remained in office until the delivery had been made.

  16. Tex. Parks & Wildlife Code Sec. 21.016. BONDS INCONTESTABLE, VALID, AND BINDING.

  17. Tex. Parks & Wildlife Code Sec. 21.017. EVIDENCE OF VALIDITY. In an action to enforce collection of the bonds or rights incident to the bonds, the certificate of approval by the attorney general and a certificate of registration by the comptroller, or certified copies of these certificates, shall be received in evidence as proof of the validity of the bonds.

  18. Tex. Parks & Wildlife Code Sec. 21.018. PAYMENT BY COMPTROLLER. The comptroller shall pay or cause to be paid the principal on bonds as they mature and the interest as it becomes payable.

  19. Tex. Parks & Wildlife Code Sec. 21.019. DUTIES ENFORCEABLE. The performance of the official duties of the comptroller may be enforced by mandamus or other appropriate proceeding.

  20. Tex. Parks & Wildlife Code Sec. 21.020. REFUNDING BONDS. The commission may provide by resolution for the issuance of refunding bonds. The department may sell these bonds and use the proceeds to retire the outstanding bonds issued under this chapter, including interest accrued on outstanding bonds, or the department may exchange refunding bonds for outstanding bonds, including accrued interest. The issuance of the refunding bonds, their maturity, the rights of the bondholders, and the duties of the department with respect to refunding bonds are governed by the provisions of this chapter relating to the original bonds, to the extent they are applicable and by refunding statutes of general application not in conflict with the provisions of this chapter.

  21. Tex. Parks & Wildlife Code Sec. 21.021. BONDS NEGOTIABLE INSTRUMENTS. The bonds issued under the provisions of this chapter are negotiable instruments under the laws of this state.

  22. Tex. Parks & Wildlife Code Sec. 21.022. BONDS NOT TAXABLE. Bonds issued under this chapter, income from the bonds, and profit made on their sale are free from taxation within this state.

  23. Tex. Parks & Wildlife Code Sec. 21.023. AUTHORIZED INVESTMENTS. Bonds issued under this chapter are legal and authorized investments for:

  24. Tex. Parks & Wildlife Code Sec. 21.024. SECURITY FOR DEPOSIT OF FUNDS. Bonds issued under this chapter, when accompanied by all appurtenant unmatured coupons, are lawful and sufficient security for all deposits of funds of the state or of a city, town, village, county, school district, or other political subdivision or agency of the state, at the par value of the bonds.

  25. Tex. Parks & Wildlife Code Sec. 21.025. MUTILATED, LOST, OR DESTROYED BONDS. The department may provide for the replacement of a mutilated, lost, or destroyed bond.

  26. Tex. Parks & Wildlife Code Sec. 21.101. TEXAS PARK DEVELOPMENT FUND.

  27. Tex. Parks & Wildlife Code Sec. 21.102. USE OF DEVELOPMENT FUND. The department may use the development fund only for:

  28. Tex. Parks & Wildlife Code Sec. 21.103. ACQUIRING PARK SITES.

  29. Tex. Parks & Wildlife Code Sec. 21.104. CONTRACTS AUTHORIZED. The department may contract with any state or federal agency or with any other person to accomplish the functions prescribed by Sections 21.102(1) and (2).

  30. Tex. Parks & Wildlife Code Sec. 21.105. INTEREST AND SINKING FUND. The Texas park development bonds interest and sinking fund, referred to as the "interest and sinking fund," is created to be used exclusively for:

  31. Tex. Parks & Wildlife Code Sec. 21.106. CREDITS TO INTEREST AND SINKING FUND.

  32. Tex. Parks & Wildlife Code Sec. 21.1061. REPORT TO BOND REVIEW BOARD. The commission shall file with the Bond Review Board a report on the performance of the interest and sinking fund and the development fund. The board shall review the reports filed by the commission under this section to assess the performance of the funds in repaying bonds issued under this chapter. The filing dates and the contents of the reports must comply with any rules adopted by the board.

  33. Tex. Parks & Wildlife Code Sec. 21.107. ADDITIONAL TRANSFERS.

  34. Tex. Parks & Wildlife Code Sec. 21.108. INTEREST AND SINKING FUND: FINAL TRANSFER. After all bonds have been paid, the balance of the interest and sinking fund shall be transferred to the state parks account.

  35. Tex. Parks & Wildlife Code Sec. 21.109. TRANSFERS REQUIRED. The state comptroller shall make any transfer required by this chapter.

  36. Tex. Parks & Wildlife Code Sec. 21.110. INVESTMENT OF FUNDS.

  37. Tex. Parks & Wildlife Code Sec. 21.111. ENTRY FEES TO PARKS.

Chapter 22

  1. Tex. Parks & Wildlife Code Sec. 22.021. JURISDICTION.

  2. Tex. Parks & Wildlife Code Sec. 22.022. POWERS OF DEPARTMENT.

  3. Tex. Parks & Wildlife Code Sec. 22.023. DISPOSITION OF INCOME. The department shall use the income derived from leases, royalties, and operation of the park necessary for maintaining, improving, and operating the park. The unexpended income at the end of the biennium shall be placed in the state treasury to the credit of the state parks account.

  4. Tex. Parks & Wildlife Code Sec. 22.024. ISSUANCE OF BONDS. The department may issue bonds necessary for the construction of improvements in the park.

  5. Tex. Parks & Wildlife Code Sec. 22.025. INTEREST ON BONDS. Interest on the bonds may not exceed six percent per year, computed with relation to the absolute maturity of the bonds in accordance with standard bond interest tables currently in use by insurance companies and investment houses, excluding from the computation the amount of any premium to be paid on redemption of any bonds prior to maturity.

  6. Tex. Parks & Wildlife Code Sec. 22.026. MATURITY OF BONDS. The bonds may mature, serially or otherwise, not more than 40 years from the date of their issuance.

  7. Tex. Parks & Wildlife Code Sec. 22.027. REDEMPTION BEFORE MATURITY. The department may fix the price, terms, and conditions for redemption of the bonds before maturity in the authorizing proceedings.

  8. Tex. Parks & Wildlife Code Sec. 22.028. SALE OF BONDS. The bonds may be sold, at public or private sale, at a price and under terms determined by the department to be the most advantageous terms reasonably obtainable.

  9. Tex. Parks & Wildlife Code Sec. 22.029. PLEDGE OF INCOME. The department may irrevocably pledge the rents, revenues, and income from the improvements financed by the bonds and from any other revenue-producing facilities or properties of the park, including the fees collected for admission to the park, to the payment of the interest on and the principal of the bonds and may enter into agreements regarding the imposition of charges and the collection, pledge, and disposition of revenue.

  10. Tex. Parks & Wildlife Code Sec. 22.030. RIGHT TO ISSUE ADDITIONAL BONDS. In pledging the rents, revenues, and income, the department may expressly reserve the right to issue additional bonds on a parity with or subordinate to the bonds then being issued.

  11. Tex. Parks & Wildlife Code Sec. 22.031. ADDITIONAL SECURITY FOR BONDS.

  12. Tex. Parks & Wildlife Code Sec. 22.032. FORM OF BONDS. The department may prescribe the form, conditions, and details of the bonds in accordance with the provisions of this subchapter.

  13. Tex. Parks & Wildlife Code Sec. 22.033. REFUNDING OF BONDS.

  14. Tex. Parks & Wildlife Code Sec. 22.034. EMPLOYMENT OF PERSONNEL. The department may employ engineers, attorneys, and fiscal agents or financial advisors necessary in the issuance or refunding of bonds.

  15. Tex. Parks & Wildlife Code Sec. 22.035. APPROVAL BY ATTORNEY GENERAL.

  16. Tex. Parks & Wildlife Code Sec. 22.036. PAYMENT OF INTEREST AND EXPENSES. The department may set aside amounts from the proceeds of the sale of a bond issue for:

  17. Tex. Parks & Wildlife Code Sec. 22.037. LEGAL INVESTMENTS.

  18. Tex. Parks & Wildlife Code Sec. 22.038. NEGOTIABLE INSTRUMENTS. Bonds issued under this subchapter are negotiable instruments under the laws of this state.

  19. Tex. Parks & Wildlife Code Sec. 22.039. DEBT AGAINST THE STATE. Nothing in this subchapter creates a debt against the state or binds the state in any way except as to the mortgage of the land and property comprising the Palo Duro Canyon State Park and as to the pledge of the rents, revenue, and income from the park.

  20. Tex. Parks & Wildlife Code Sec. 22.051. JURISDICTION.

  21. Tex. Parks & Wildlife Code Sec. 22.052. HISTORICAL IMPROVEMENTS. To the extent possible, the department shall maintain a replica of the original Hogg home and the grounds adjacent to the residence.

  22. Tex. Parks & Wildlife Code Sec. 22.053. IMPROVEMENTS. The department may repair or construct facilities for recreational and park purposes at the park and may work in conjunction with other governmental agencies for this purpose.

  23. Tex. Parks & Wildlife Code Sec. 22.054. SALE AND USE OF TIMBER.

  24. Tex. Parks & Wildlife Code Sec. 22.055. SALE OF IRON ORE.

  25. Tex. Parks & Wildlife Code Sec. 22.056. COMPETITIVE BIDS.

  26. Tex. Parks & Wildlife Code Sec. 22.057. ADVERTISING FOR BIDS.

  27. Tex. Parks & Wildlife Code Sec. 22.058. REGULATIONS. The department shall adopt regulations, forms, and contracts for the sale of iron ore and protection of the income produced from the sale.

  28. Tex. Parks & Wildlife Code Sec. 22.059. DISPOSITION OF FUNDS. Money received from the sale of timber or iron ore from the land in the park shall be placed in the state treasury to the credit of the state parks account.

  29. Tex. Parks & Wildlife Code Sec. 22.071. IMPROVEMENTS.

  30. Tex. Parks & Wildlife Code Sec. 22.072. PERMIT FOR DAM. A dam may not be constructed until a permit has been obtained from the Texas Water Rights Commission.

  31. Tex. Parks & Wildlife Code Sec. 22.073. SALE AND USE OF TIMBER.

  32. Tex. Parks & Wildlife Code Sec. 22.074. COMPETITIVE BIDS.

  33. Tex. Parks & Wildlife Code Sec. 22.075. ADVERTISING FOR BIDS.

  34. Tex. Parks & Wildlife Code Sec. 22.076. DISPOSITION OF FUNDS. Money received from the sale of timber cut from the park shall be placed in the state treasury to the credit of the state parks account.

  35. Tex. Parks & Wildlife Code Sec. 22.081. JURISDICTION. Goliad State Park, including the General Ignacio Zaragoza Birthplace and the Mission of San Rosario, is under the jurisdiction of the department.

  36. Tex. Parks & Wildlife Code Sec. 22.082. GENERAL IGNACIO ZARAGOZA BIRTHPLACE.

  37. Tex. Parks & Wildlife Code Sec. 22.083. MISSION OF SAN ROSARIO.

  38. Tex. Parks & Wildlife Code Sec. 22.084. IMPROVEMENTS. The department may construct, maintain, and repair historical and recreational structures and facilities in the park.

  39. Tex. Parks & Wildlife Code Sec. 22.085. REVERSION OF TITLE; MINERAL RESERVATION.

  40. Tex. Parks & Wildlife Code Sec. 22.091. FACILITIES; PARK SITE.

  41. Tex. Parks & Wildlife Code Sec. 22.092. TIMBER SALE.

  42. Tex. Parks & Wildlife Code Sec. 22.093. COMPETITIVE BIDS.

  43. Tex. Parks & Wildlife Code Sec. 22.094. ADVERTISING FOR BIDS.

  44. Tex. Parks & Wildlife Code Sec. 22.095. DISPOSITION OF FUNDS. Money received from the sale of timber cut from the park shall be placed in the state treasury to the credit of the state parks account.

  45. Tex. Parks & Wildlife Code Sec. 22.111. CONTROL. The department has control of Hueco Tanks State Park and shall improve, preserve, restore, and protect the land and property in the park.

  46. Tex. Parks & Wildlife Code Sec. 22.112. ACCEPTANCE OF GIFTS. The department may accept gifts for constructing, building, advertising, or creating the park, including gifts for public exhibition that relate to the history of the park or the state.

  47. Tex. Parks & Wildlife Code Sec. 22.113. TITLE TO PARK. The title of the land known as Hueco Tanks in El Paso County is in the name of the state and is subject to limitations, conditions, and exceptions made by the former owners and approved by the department or the department's predecessor.

  48. Tex. Parks & Wildlife Code Sec. 22.121. JURISDICTION. Stephen F. Austin State Park is under the jurisdiction of the department. The department shall improve, preserve, and protect the land in the park.

  49. Tex. Parks & Wildlife Code Sec. 22.151. JURISDICTION. The Nimitz State Park, located near Fredericksburg in Gillespie County, is under the jurisdiction of the department.

  50. Tex. Parks & Wildlife Code Sec. 22.152. POWERS OF DEPARTMENT. The department may:

  51. Tex. Parks & Wildlife Code Sec. 22.161. JURISDICTION. The Eisenhower State Park, located near Lake Texoma in Grayson County, is under the jurisdiction of the department.

  52. Tex. Parks & Wildlife Code Sec. 22.162. POWERS OF DEPARTMENT. The department may:

  53. Tex. Parks & Wildlife Code Sec. 22.163. DEFINITIONS. As used in this subchapter:

  54. Tex. Parks & Wildlife Code Sec. 22.164. RIGHT TO USE ROADS.

  55. Tex. Parks & Wildlife Code Sec. 22.165. PERMITS.

  56. Tex. Parks & Wildlife Code Sec. 22.171. GOVERNOR HOGG MEMORIAL. The Governor James Stephen Hogg Memorial Shrine, located near Quitman, Wood County, is established.

  57. Tex. Parks & Wildlife Code Sec. 22.181. SPANISH MISSIONS.

  58. Tex. Parks & Wildlife Code Sec. 22.183. HUBBARD LAKE.

  59. Tex. Parks & Wildlife Code Sec. 22.184. FISHING PIERS.

  60. Tex. Parks & Wildlife Code Sec. 22.201. MATAGORDA ISLAND STATE PARK AND WILDLIFE MANAGEMENT AREA.

  61. Tex. Parks & Wildlife Code Sec. 22.202. DEDICATED LAND. All land within the Matagorda Island State Park and Wildlife Management Area on June 1, 1979, and all land included within the park and management area after that date are dedicated for park and wildlife management area purposes.

  62. Tex. Parks & Wildlife Code Sec. 22.221. PARK ESTABLISHED: JURISDICTION OF DEPARTMENT. The Franklin Mountains State Park is established under the jurisdiction of the department.

  63. Tex. Parks & Wildlife Code Sec. 22.222. DEPARTMENT TO ACQUIRE PARK LAND.

  64. Tex. Parks & Wildlife Code Sec. 22.223. CONDEMNATION.

  65. Tex. Parks & Wildlife Code Sec. 22.251. PARK ESTABLISHED: JURISDICTION OF DEPARTMENT. The Trinity River State Park is established under the jurisdiction of the department on property that may be acquired according to this Act.

  66. Tex. Parks & Wildlife Code Sec. 22.252. DEPARTMENT TO ACQUIRE PARK LAND.

  67. Tex. Parks & Wildlife Code Sec. 22.253. CONDEMNATION.

  68. Tex. Parks & Wildlife Code Sec. 22.254. POWERS OF CITY OF DALLAS.

  69. Tex. Parks & Wildlife Code Sec. 22.261. JURISDICTION. The Battleship "Texas" is under the jurisdiction of the department. The department shall enter into a memorandum of understanding for a term of 99 years with an appropriate nonprofit foundation for the operation and maintenance of the Battleship "Texas."

  70. Tex. Parks & Wildlife Code Sec. 22.262. PRESERVATION STANDARDS. The memorandum of understanding required by Section 22.261 must include provisions:

Chapter 23

  1. Tex. Parks & Wildlife Code Sec. 23.001. LIMITED JURISDICTION RETAINED. The state retains jurisdiction in the Big Bend National Park, concurrently with the United States, as though cession had not occurred, for:

  2. Tex. Parks & Wildlife Code Sec. 23.002. PARK RESIDENTS MAY VOTE. A person residing in Big Bend National Park may vote in all elections in the county of his residence, subject to the same conditions as other residents of the county, as though cession had not occurred.

  3. Tex. Parks & Wildlife Code Sec. 23.011. LIMITED JURISDICTION RETAINED. The state retains jurisdiction in the Padre Island National Seashore, concurrently with the United States, as though cession had not occurred, for:

  4. Tex. Parks & Wildlife Code Sec. 23.012. SEASHORE RESIDENTS MAY VOTE. A person residing in the Padre Island National Seashore may vote in all elections in the county of his residence, subject to the same conditions as other residents of the county, as though cession had not occurred.

  5. Tex. Parks & Wildlife Code Sec. 23.013. REGULATIONS OF RAILROAD COMMISSION.

  6. Tex. Parks & Wildlife Code Sec. 23.014. REVERSION TO STATE.

  7. Tex. Parks & Wildlife Code Sec. 23.015. CONSENT FOR ACQUISITION OF NAVIGATION DISTRICT LAND. The Willacy County Navigation District may consent to the acquisition of surface land for inclusion in Padre Island National Seashore. Interests in surface estates, spoil banks, easements, and rights-of-way controlled by the district in the Padre Island National Seashore shall be used for public purposes only.

  8. Tex. Parks & Wildlife Code Sec. 23.016. ROADS. The Secretary of Interior is requested to provide roads from the north boundary of Padre Island National Seashore and from the Port Mansfield cut to the access highways from the mainland.

  9. Tex. Parks & Wildlife Code Sec. 23.031. LIMITED JURISDICTION RETAINED. The state retains jurisdiction in the Guadalupe Mountains National Park, concurrently with the United States, as though cession had not occurred, for:

  10. Tex. Parks & Wildlife Code Sec. 23.032. PARK RESIDENTS MAY VOTE. A person residing in the Guadalupe Mountains National Park may vote in all elections in the county of his residence, subject to the same conditions as other residents of the county, as though cession had not occurred.

  11. Tex. Parks & Wildlife Code Sec. 23.033. RECONVEYANCE OF TITLE. If any of the land described by the drawing entitled "Proposed Guadalupe Mountains National Park, Texas," numbered SA-GM-7100C, dated February, 1965, and on file in the offices of the National Park Service and the Secretary of State of Texas ceases to be used for the Guadalupe Mountains National Park, the state may require a reconveyance, without consideration, of the mineral rights conveyed for the creation of the park.

  12. Tex. Parks & Wildlife Code Sec. 23.034. MINERAL RIGHTS IN PARK.

  13. Tex. Parks & Wildlife Code Sec. 23.041. AGREEMENTS FOR WILDLIFE MANAGEMENT. The department may agree with the proper agency of the United States for the protection and management of wildlife resources and for restocking desirable species of wildlife on federal lands in the state.

  14. Tex. Parks & Wildlife Code Sec. 23.042. WILDLIFE RESOURCES DEFINED. In this subchapter, "wildlife resources" means all wild birds, wild animals, and aquatic animal life.

  15. Tex. Parks & Wildlife Code Sec. 23.043. HUNTING AND FISHING REGULATIONS. The commission, under Chapter 61 or Subchapter E, Chapter 81, may provide for open seasons for hunting and fishing on federal lands for which the department has entered into a wildlife management agreement under this subchapter.

  16. Tex. Parks & Wildlife Code Sec. 23.044. PENALTY. A person who violates any rule or regulation of the commission adopted under this subchapter or who hunts or fishes on federal lands included in a wildlife management agreement under this subchapter at any time other than the open season commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

Chapter 24

  1. Tex. Parks & Wildlife Code Sec. 24.001. DEFINITIONS. In this subchapter:

  2. Tex. Parks & Wildlife Code Sec. 24.002. TEXAS RECREATION AND PARKS ACCOUNT.

  3. Tex. Parks & Wildlife Code Sec. 24.003. ACCOUNT REVENUE SOURCE; REVENUE DEDICATION.

  4. Tex. Parks & Wildlife Code Sec. 24.004. ASSISTANCE GRANTS.

  5. Tex. Parks & Wildlife Code Sec. 24.005. DIRECT STATE MATCHING GRANTS.

  6. Tex. Parks & Wildlife Code Sec. 24.006. FUNDS FOR GRANTS TO LOCAL GOVERNMENTS. When state revenues to the Texas recreation and parks account exceed $14 million per year, an amount not less than 15 percent shall be made available for grants to local governments for up to 50 percent of the cost of acquisition or development of indoor public recreation facilities for indoor recreation programs, sports activities, nature programs, or exhibits.

  7. Tex. Parks & Wildlife Code Sec. 24.007. ACCOUNT USE TO BE CONSISTENT WITH PLANS. No grant may be made under Section 24.005 of this code nor may account money be used under Section 24.006 of this code unless:

  8. Tex. Parks & Wildlife Code Sec. 24.008. ACQUISITION OF PROPERTY.

  9. Tex. Parks & Wildlife Code Sec. 24.009. PAYMENTS, RECORDS, AND ACCOUNTING.

  10. Tex. Parks & Wildlife Code Sec. 24.011. NONCOMPLIANCE WITH SUBCHAPTER. The attorney general shall file suit in a court of competent jurisdiction against a political subdivision or nonprofit corporation that fails to comply with the requirements of this subchapter to recover the full amount of the grant plus interest on that amount of five percent a year accruing from the time of noncompliance or for injunctive relief to require compliance with this subchapter. If the court finds that the political subdivision or nonprofit corporation has not complied with the requirements of this subchapter, it is not eligible for further participation in the program for three years following the finding for noncompliance.

  11. Tex. Parks & Wildlife Code Sec. 24.012. ACCOUNT NOT TO BE USED FOR PUBLICITY. No money credited to the account may be used for publicity or related purposes.

  12. Tex. Parks & Wildlife Code Sec. 24.013. AUTHORITY OF POLITICAL SUBDIVISIONS TO HAVE PARKS. This subchapter does not authorize a political subdivision to acquire, develop, maintain, or operate a park, recreational area, open space area, or natural area.

  13. Tex. Parks & Wildlife Code Sec. 24.051. DEFINITIONS. In this subchapter:

  14. Tex. Parks & Wildlife Code Sec. 24.052. LARGE COUNTY AND MUNICIPALITY RECREATION AND PARKS ACCOUNT. The large county and municipality recreation and parks account is a separate account in the general revenue fund. Money in the account may be used only as provided by this subchapter or Subchapter D, Chapter 13.

  15. Tex. Parks & Wildlife Code Sec. 24.053. ACCOUNT REVENUE SOURCE; DEDICATION.

  16. Tex. Parks & Wildlife Code Sec. 24.054. ASSISTANCE GRANTS.

  17. Tex. Parks & Wildlife Code Sec. 24.055. DIRECT STATE MATCHING GRANTS.

  18. Tex. Parks & Wildlife Code Sec. 24.056. FUNDS FOR GRANTS TO LARGE COUNTIES AND MUNICIPALITIES. When state revenue to the large county and municipality recreation and parks account exceeds $14 million per year, an amount not less than 15 percent shall be made available for grants to large counties and municipalities for up to 50 percent of the cost of acquisition or development of indoor public recreation facilities for indoor recreation programs, sports activities, nature programs, or exhibits.

  19. Tex. Parks & Wildlife Code Sec. 24.057. ACCOUNT USE TO BE CONSISTENT WITH PLANS. No grant may be made under Section 24.055 nor may account money be used under Section 24.056 unless:

  20. Tex. Parks & Wildlife Code Sec. 24.058. ACQUISITION OF PROPERTY.

  21. Tex. Parks & Wildlife Code Sec. 24.059. PAYMENTS, RECORDS, AND ACCOUNTING.

  22. Tex. Parks & Wildlife Code Sec. 24.060. NONCOMPLIANCE WITH SUBCHAPTER. The attorney general shall file suit in a court of competent jurisdiction against a county, municipality, or nonprofit corporation that fails to comply with the requirements of this subchapter to recover the full amount of the grant plus interest on that amount of five percent a year accruing from the time of noncompliance or for injunctive relief to require compliance with this subchapter. If the court finds that the county, municipality, or nonprofit corporation has not complied with the requirements of this subchapter, it is not eligible for further participation in the program for three years following the finding for noncompliance.

  23. Tex. Parks & Wildlife Code Sec. 24.061. ACCOUNT NOT TO BE USED FOR PUBLICITY. No money credited to the account may be used for publicity or related purposes.

  24. Tex. Parks & Wildlife Code Sec. 24.062. AUTHORITY OF LARGE COUNTY OR MUNICIPALITY TO HAVE PARKS. This subchapter does not authorize a large county or municipality to acquire, develop, maintain, or operate a park, recreational area, open space area, or natural area.

Chapter 25

  1. Tex. Parks & Wildlife Code Sec. 25.001. STATE POLICY; LEGISLATIVE FINDINGS.

  2. Tex. Parks & Wildlife Code Sec. 25.002. DEFINITION. In this chapter "district" means a district or authority created under Article XVI, Section 59, of the Constitution of Texas.

  3. Tex. Parks & Wildlife Code Sec. 25.003. GENERAL POWERS.

  4. Tex. Parks & Wildlife Code Sec. 25.004. RULES; FEES; ABANDONMENT OF PROJECTS. A district may:

  5. Tex. Parks & Wildlife Code Sec. 25.005. LEASES, CONCESSIONS, FRANCHISES, AND AGREEMENTS. A district may make, grant, accept, and enter into leases, concessions, franchises, and rental, operating, and other agreements relating to the water-related park areas or their facilities that the governing body deems necessary or convenient to carry out any of the purposes and powers granted in this chapter on the terms and conditions and for the periods of time as may be prescribed. The lease, concession, franchise, or agreement may be entered into with any person.

  6. Tex. Parks & Wildlife Code Sec. 25.006. USE OF OTHER POWERS.

Chapter 26

  1. Tex. Parks & Wildlife Code Sec. 26.001. PROTECTED LAND; NOTICE OF TAKING.

  2. Tex. Parks & Wildlife Code Sec. 26.002. NOTICE OF HEARING.

  3. Tex. Parks & Wildlife Code Sec. 26.003. LIMITATIONS ON JUDICIAL REVIEW. A petition for the judicial review of the approval or disapproval of a program or project under this chapter must be filed within 30 days after the approval or disapproval is announced, or the review is barred.

  4. Tex. Parks & Wildlife Code Sec. 26.004. EXCLUDED LANDS. A department, agency, board, or political subdivision having control of the public land is not required to comply with this chapter if:

Chapter 28

  1. Tex. Parks & Wildlife Code Sec. 28.001. ESTABLISHMENT. The Texas Trails System is established under the administration of the department. The purposes of the system are to provide high-quality outdoor recreational, scenic, historic, and expedition trails and to promote the use and encourage the development of trails within the system.

  2. Tex. Parks & Wildlife Code Sec. 28.002. SYSTEM ADMINISTRATION.

  3. Tex. Parks & Wildlife Code Sec. 28.004. CLASSIFICATION.

Chapter 29

  1. Tex. Parks & Wildlife Code Sec. 29.001. DEFINITION. In this chapter, "off-highway vehicle" means:

  2. Tex. Parks & Wildlife Code Sec. 29.002. ESTABLISHMENT AND OPERATION.

  3. Tex. Parks & Wildlife Code Sec. 29.003. OFF-HIGHWAY VEHICLE DECAL REQUIRED; FEE.

  4. Tex. Parks & Wildlife Code Sec. 29.004. EXEMPTIONS. Section 29.003 does not apply to a person that is:

  5. Tex. Parks & Wildlife Code Sec. 29.005. ISSUANCE, DISPLAY, AND EXPIRATION OF DECAL.

  6. Tex. Parks & Wildlife Code Sec. 29.006. DISPOSITION OF DECAL FEES. The department shall deposit all revenue, less allowable costs, collected under Section 29.005 to the credit of the off-highway vehicle trail and recreational area account under Section 11.046.

  7. Tex. Parks & Wildlife Code Sec. 29.007. OTHER REVENUE. The department shall seek and use funding from the federal government, including the Recreational Trails Program administered by the United States Department of Transportation, and other sources outside the general revenue fund to identify and facilitate the development of off-highway vehicle trails and recreational areas under this chapter.

  8. Tex. Parks & Wildlife Code Sec. 29.008. GRANTS. The department may make grants to federal agencies, political subdivisions of this state, and nonprofit organizations for the purpose of acquiring, developing, and maintaining public trails or recreational areas under this chapter.

  9. Tex. Parks & Wildlife Code Sec. 29.009. PENALTY. A person who violates Section 29.003 commits an offense that is a Class C Parks and Wildlife misdemeanor.

  10. Tex. Parks & Wildlife Code Sec. 29.010. RULES. The commission:

Chapter 31

  1. Tex. Parks & Wildlife Code Sec. 31.001. TITLE. This chapter may be cited as the Water Safety Act.

  2. Tex. Parks & Wildlife Code Sec. 31.002. STATE POLICY. It is the duty of this state to promote recreational water safety for persons and property in and connected with the use of all recreational water facilities in the state, to promote safety in the operation and equipment of facilities, and to promote uniformity of laws relating to water safety.

  3. Tex. Parks & Wildlife Code Sec. 31.003. DEFINITIONS. In this chapter:

  4. Tex. Parks & Wildlife Code Sec. 31.004. APPLICATION OF CHAPTER. The provisions of this chapter apply to all public water of this state and to all vessels on public water. Privately owned water is not subject to the provisions of this chapter.

  5. Tex. Parks & Wildlife Code Sec. 31.005. CONTRACTS WITH FEDERAL GOVERNMENT.

  6. Tex. Parks & Wildlife Code Sec. 31.006. APPOINTMENT OF AUTHORIZED AGENT.

  7. Tex. Parks & Wildlife Code Sec. 31.021. REQUIRED NUMBERING.

  8. Tex. Parks & Wildlife Code Sec. 31.022. EXEMPTIONS FROM REQUIRED NUMBERING.

  9. Tex. Parks & Wildlife Code Sec. 31.023. VESSELS NUMBERED UNDER FEDERAL OR OTHER STATE LAW. The owner of any vessel for which a current certificate of number has been awarded under any federal law or a federally approved numbering system of another state shall, if the vessel is operated on the water of this state in excess of 90 consecutive days, make application for a certificate of number in the manner prescribed in this chapter for residents of this state.

  10. Tex. Parks & Wildlife Code Sec. 31.024. APPLICATION FOR NUMBER.

  11. Tex. Parks & Wildlife Code Sec. 31.025. RENEWAL OF CERTIFICATES OF NUMBER.

  12. Tex. Parks & Wildlife Code Sec. 31.026. FEES.

  13. Tex. Parks & Wildlife Code Sec. 31.028. CERTIFICATE OF NUMBER. The certificate of number shall be pocket-size. The certificate or a facsimile of it shall be carried on board the vessel at all times. It does not have to be on the person of the operator if prior to trial the operator can produce for examination a valid certificate of number.

  14. Tex. Parks & Wildlife Code Sec. 31.029. TERM OF CERTIFICATE OF NUMBER. Every certificate of number awarded pursuant to this chapter shall continue in full force and effect for a period of two years unless sooner terminated or discontinued in accordance with the provisions of this chapter.

  15. Tex. Parks & Wildlife Code Sec. 31.030. DUPLICATE CERTIFICATES AND DECALS.

  16. Tex. Parks & Wildlife Code Sec. 31.031. NUMBERING PATTERN.

  17. Tex. Parks & Wildlife Code Sec. 31.032. NUMBERING LOCATION AND VISIBILITY; EXEMPTION; DECAL.

  18. Tex. Parks & Wildlife Code Sec. 31.033. UNAUTHORIZED NUMBERS PROHIBITED.

  19. Tex. Parks & Wildlife Code Sec. 31.034. ISSUANCE OF NUMBERS BY DEPARTMENT OR AUTHORIZED AGENT.

  20. Tex. Parks & Wildlife Code Sec. 31.0341. ISSUANCE OF NUMBERS: COUNTY TAX ASSESSOR-COLLECTOR.

  21. Tex. Parks & Wildlife Code Sec. 31.035. RULES AND REGULATIONS; COPIES. Copies of all rules and regulations formulated under this chapter shall be furnished without cost with each certificate of number issued.

  22. Tex. Parks & Wildlife Code Sec. 31.036. PROOF OF OWNERSHIP.

  23. Tex. Parks & Wildlife Code Sec. 31.037. CHANGE IN OWNERSHIP INTEREST; NOTICE TO DEPARTMENT.

  24. Tex. Parks & Wildlife Code Sec. 31.038. CHANGE OF ADDRESS; NOTICE TO DEPARTMENT.

  25. Tex. Parks & Wildlife Code Sec. 31.039. PUBLIC RECORDS; FEES.

  26. Tex. Parks & Wildlife Code Sec. 31.0391. RELEASE OF INFORMATION.

  27. Tex. Parks & Wildlife Code Sec. 31.040. VESSEL LIVERIES.

  28. Tex. Parks & Wildlife Code Sec. 31.041. DUTIES OF DEALERS, DISTRIBUTORS, AND MANUFACTURERS; LICENSE REQUIRED.

  29. Tex. Parks & Wildlife Code Sec. 31.0411. TERM OF LICENSE; TRANSFER.

  30. Tex. Parks & Wildlife Code Sec. 31.0412. LICENSING RULES. The commission may adopt rules regarding licenses issued under Section 31.041, including rules:

  31. Tex. Parks & Wildlife Code Sec. 31.0413. EXEMPTION FROM DEALER LICENSING REQUIREMENTS. The dealer licensing provisions of this subchapter do not apply to the sale of a canoe, kayak, punt, rowboat, rubber raft, paddleboat, or other vessel that is less than 12 feet in length and has a horsepower rating of five horsepower or less or to the sale of an outboard motor with a manufacturer's rating of five horsepower or less.

  32. Tex. Parks & Wildlife Code Sec. 31.042. CANCELLATION OF CERTIFICATES OF NUMBER; GROUNDS.

  33. Tex. Parks & Wildlife Code Sec. 31.043. MANUFACTURER'S IDENTIFICATION NUMBER.

  34. Tex. Parks & Wildlife Code Sec. 31.044. INSPECTIONS.

  35. Tex. Parks & Wildlife Code Sec. 31.0445. DEFINITIONS. In this subchapter:

  36. Tex. Parks & Wildlife Code Sec. 31.045. OWNERSHIP OF VESSELS AND OUTBOARD MOTORS; CERTIFICATES OF TITLE.

  37. Tex. Parks & Wildlife Code Sec. 31.046. APPLICATION FOR CERTIFICATE OF TITLE.

  38. Tex. Parks & Wildlife Code Sec. 31.0465. APPEAL REGARDING CERTIFICATE OF TITLE; BOND; RULES.

  39. Tex. Parks & Wildlife Code Sec. 31.0466. TITLE FOR ABANDONED VESSEL; BOND.

  40. Tex. Parks & Wildlife Code Sec. 31.047. APPLICATION; FORM AND CONTENT; FEE.

  41. Tex. Parks & Wildlife Code Sec. 31.048. FEE.

  42. Tex. Parks & Wildlife Code Sec. 31.0485. ISSUANCE, REJECTION, AND CANCELLATION OF CERTIFICATE OF TITLE.

  43. Tex. Parks & Wildlife Code Sec. 31.049. FORM OF CERTIFICATE OF TITLE.

  44. Tex. Parks & Wildlife Code Sec. 31.050. FORM OF MANUFACTURER'S AND IMPORTER'S CERTIFICATE.

  45. Tex. Parks & Wildlife Code Sec. 31.0505. HULL DAMAGED TITLE BRAND.

  46. Tex. Parks & Wildlife Code Sec. 31.051. REPLACEMENT CERTIFICATES. The department shall provide by regulation for the replacement of lost, mutilated, or stolen certificates.

  47. Tex. Parks & Wildlife Code Sec. 31.052. SECURITY INTEREST LIENS.

  48. Tex. Parks & Wildlife Code Sec. 31.053. TRANSFERS OF VESSELS AND OUTBOARD MOTORS.

  49. Tex. Parks & Wildlife Code Sec. 31.055. EXCEPTIONS. This subchapter does not apply to:

  50. Tex. Parks & Wildlife Code Sec. 31.056. FEE EXEMPTION FOR GOVERNMENT VESSELS AND OUTBOARD MOTORS. A fee imposed by this chapter does not apply to a vessel or outboard motor purchased by, owned by, or used exclusively in the service of this state, a political subdivision of this state, or the federal government.

  51. Tex. Parks & Wildlife Code Sec. 31.0563. RECORDS.

  52. Tex. Parks & Wildlife Code Sec. 31.0565. EFFECT OF CERTIFICATE OF TITLE ON INFORMATION IN CERTIFICATE. A certificate of title is prima facie evidence of the accuracy of the information in the record that constitutes the certificate.

  53. Tex. Parks & Wildlife Code Sec. 31.0567. EFFECT OF POSSESSION OF CERTIFICATE OF TITLE; JUDICIAL PROCESS. Possession of a certificate of title does not provide a right to obtain possession of a vessel or outboard motor. Garnishment, attachment, levy, replevin, or other judicial process against the certificate is not effective to determine possessory rights to the vessel or outboard motor. This chapter does not prohibit enforcement under the laws of this state of a security interest in, levy on, or foreclosure of a statutory or common-law lien on a vessel or outboard motor. Absence of an indication of a statutory or common-law lien on a certificate of title does not invalidate the lien.

  54. Tex. Parks & Wildlife Code Sec. 31.0569. PERFECTION OF SECURITY INTEREST.

  55. Tex. Parks & Wildlife Code Sec. 31.057. TERMINATION STATEMENT.

  56. Tex. Parks & Wildlife Code Sec. 31.0573. EFFECT OF MISSING OR INCORRECT INFORMATION. Except as otherwise provided by Section 9.337, Business & Commerce Code, a certificate of title or other record required or authorized by this chapter is effective, regardless of whether it contains incorrect information or does not contain required information.

  57. Tex. Parks & Wildlife Code Sec. 31.0575. TRANSFER OF OWNERSHIP BY SECURED PARTY'S TRANSFER STATEMENT.

  58. Tex. Parks & Wildlife Code Sec. 31.0577. TRANSFER BY OPERATION OF LAW.

  59. Tex. Parks & Wildlife Code Sec. 31.0579. APPLICATION FOR TERMINATION OF SECURITY INTEREST WITHOUT CERTIFICATE OF TITLE.

  60. Tex. Parks & Wildlife Code Sec. 31.058. RIGHTS OF PURCHASER OTHER THAN SECURED PARTY.

  61. Tex. Parks & Wildlife Code Sec. 31.0582. RIGHTS OF SECURED PARTY.

  62. Tex. Parks & Wildlife Code Sec. 31.061. UNIFORMITY OF EQUIPMENT REGULATIONS; STATE POLICY. It is the policy of the state that all equipment rules and regulations enacted under the authority granted in this chapter be uniform and consistent with the equipment provisions of this chapter.

  63. Tex. Parks & Wildlife Code Sec. 31.062. OPERATION OF VESSELS WITHOUT REQUIRED EQUIPMENT PROHIBITED. No person may operate or give permission for the operation of a vessel that is not provided with the equipment required by this chapter.

  64. Tex. Parks & Wildlife Code Sec. 31.063. CLASSES OF MOTORBOATS. Motorboats subject to the provisions of this chapter are divided into four classes according to length as follows:

  65. Tex. Parks & Wildlife Code Sec. 31.064. LIGHTS. A vessel or motorboat when not at dock must have and exhibit at least one bright light, lantern, or flashlight from sunset to sunrise in all weather. A vessel or motorboat when underway between sunset and sunrise in all weather must have and exhibit the lights prescribed by the commandant of the Coast Guard for boats of its class. No other lights that may be mistaken for those prescribed may be exhibited.

  66. Tex. Parks & Wildlife Code Sec. 31.065. SOUND-PRODUCING DEVICES. A motorboat must have an efficient whistle or other sound-producing device if one is required by the commandant of the Coast Guard.

  67. Tex. Parks & Wildlife Code Sec. 31.066. LIFE PRESERVING DEVICES.

  68. Tex. Parks & Wildlife Code Sec. 31.067. FIRE EXTINGUISHERS.

  69. Tex. Parks & Wildlife Code Sec. 31.068. FLAME ARRESTORS; BACKFIRE TRAPS. A motorboat must have the carburetor or carburetors of every engine using gasoline as fuel, except outboard motors, equipped with an efficient flame arrestor, backfire trap, or other similar device prescribed by the regulations of the commandant of the Coast Guard.

  70. Tex. Parks & Wildlife Code Sec. 31.069. VENTILATORS. Each motorboat and vessel, except an open boat, using as fuel any liquid of a volatile nature must have the equipment prescribed by the commandant of the Coast Guard designed to ventilate properly and efficiently the bilges of the engine and fuel tank compartments so as to remove any explosive or inflammable gases.

  71. Tex. Parks & Wildlife Code Sec. 31.070. EXHAUST WATER MANIFOLD; MUFFLER. A motorboat operating on the water of this state must have an exhaust water manifold or a factory-type muffler installed on the engine.

  72. Tex. Parks & Wildlife Code Sec. 31.071. REARVIEW MIRRORS.

  73. Tex. Parks & Wildlife Code Sec. 31.072. RACING BOATS; EQUIPMENT EXEMPTIONS.

  74. Tex. Parks & Wildlife Code Sec. 31.073. CANOES, PUNTS, ROWBOATS, SAILBOATS, RUBBER RAFTS, RACING SHELLS, ROWING SCULLS, KAYAKS, AND OTHER PADDLE CRAFT; EQUIPMENT EXEMPTIONS.

  75. Tex. Parks & Wildlife Code Sec. 31.074. VISUAL DISTRESS SIGNAL.

  76. Tex. Parks & Wildlife Code Sec. 31.091. UNIFORMITY OF BOATING REGULATIONS. In the interest of uniformity, it is the policy of the State of Texas that the basic authority for the enactment of boating regulations is reserved to the state.

  77. Tex. Parks & Wildlife Code Sec. 31.092. LOCAL REGULATIONS.

  78. Tex. Parks & Wildlife Code Sec. 31.093. RULES OF THE ROAD. The United States Coast Guard Inland Rules apply to all public water of this state to the extent they are applicable.

  79. Tex. Parks & Wildlife Code Sec. 31.094. RECKLESS OR NEGLIGENT OPERATION. No person may operate any motorboat or vessel or manipulate any water skis, aquaplane, or similar device in a wilfully or wantonly reckless or negligent manner that endangers the life, limb, or property of any person.

  80. Tex. Parks & Wildlife Code Sec. 31.095. EXCESSIVE SPEED.

  81. Tex. Parks & Wildlife Code Sec. 31.096. RECKLESS OPERATION AND EXCESSIVE SPEED. No person may operate a vessel or manipulate water skis, an aquaplane, or a similar device on the water of this state in wilful or wanton disregard of the rights or safety of others or without due caution or circumspection, and at a speed or in a manner that endangers, or is likely to endanger, a person or property.

  82. Tex. Parks & Wildlife Code Sec. 31.098. HAZARDOUS WAKE OR WASH. No person may operate a motorboat so as to create a hazardous wake or wash.

  83. Tex. Parks & Wildlife Code Sec. 31.099. PROHIBITION ON CIRCULAR COURSE AROUND INDIVIDUALS ENGAGED IN WATER ACTIVITIES.

  84. Tex. Parks & Wildlife Code Sec. 31.100. INTERFERENCE WITH MARKERS OR RAMPS.

  85. Tex. Parks & Wildlife Code Sec. 31.101. OBSTRUCTING PASSAGE.

  86. Tex. Parks & Wildlife Code Sec. 31.102. OPERATING BOATS IN RESTRICTED AREAS. No person may operate a boat within a water area that has been clearly marked, by buoys or some other distinguishing device, as a bathing, fishing, swimming, or otherwise restricted area by the department or by a political subdivision of the state. This section does not apply to a patrol or rescue craft or in the case of an emergency.

  87. Tex. Parks & Wildlife Code Sec. 31.1021. OPERATING VESSELS IN SCUBA DIVING OR SNORKELING AREAS.

  88. Tex. Parks & Wildlife Code Sec. 31.103. WATER SKIS, AQUAPLANES, ETC.: TIME AND MANNER OF OPERATION.

  89. Tex. Parks & Wildlife Code Sec. 31.104. ACCIDENTS: DUTY OF OPERATORS. The operator of a vessel involved in a collision, accident, or casualty shall:

  90. Tex. Parks & Wildlife Code Sec. 31.105. INCIDENT REPORTS.

  91. Tex. Parks & Wildlife Code Sec. 31.1055. RELEASE OF INCIDENT REPORTS.

  92. Tex. Parks & Wildlife Code Sec. 31.106. PERSONAL WATERCRAFT.

  93. Tex. Parks & Wildlife Code Sec. 31.107. OPERATION OF MOTORBOAT. No person may operate a motorboat powered by a motor with a manufacturer's rating of more than 15 horsepower on the public waters of this state unless the person is at least 13 years of age or is supervised by another person who:

  94. Tex. Parks & Wildlife Code Sec. 31.1071. OPERATION OF MOTORBOAT WITH EMERGENCY ENGINE CUTOFF SWITCH.

  95. Tex. Parks & Wildlife Code Sec. 31.108. BOATER EDUCATION PROGRAM.

  96. Tex. Parks & Wildlife Code Sec. 31.109. BOATER EDUCATION COURSE REQUIRED FOR CERTAIN PERSONS.

  97. Tex. Parks & Wildlife Code Sec. 31.110. EXEMPTION FROM BOATER EDUCATION COURSE REQUIREMENT; DEFERRAL PROGRAM.

  98. Tex. Parks & Wildlife Code Sec. 31.111. OPERATING VESSEL LIVERY.

  99. Tex. Parks & Wildlife Code Sec. 31.121. ENFORCEMENT OFFICERS.

  100. Tex. Parks & Wildlife Code Sec. 31.1211. JURISDICTION OF MUNICIPAL PEACE OFFICERS.

  101. Tex. Parks & Wildlife Code Sec. 31.122. WATER SAFETY VESSELS: LIGHTS. Only the department and police water safety vessels may use rotating or flashing blue beacon lights.

  102. Tex. Parks & Wildlife Code Sec. 31.123. REQUIRED RESPONSE TO POLICE WATER SAFETY VESSEL. The operator of a vessel underway, on sighting a rotating or flashing blue beacon light, shall reduce power immediately and bring the vessel to a no-wake speed and subsequent stop until the intention of the water safety vessel is understood.

  103. Tex. Parks & Wildlife Code Sec. 31.124. INSPECTION OF VESSELS.

  104. Tex. Parks & Wildlife Code Sec. 31.125. VIOLATIONS; NOTICE TO APPEAR.

  105. Tex. Parks & Wildlife Code Sec. 31.126. VENUE.

  106. Tex. Parks & Wildlife Code Sec. 31.127. PENALTIES AND FINES.

  107. Tex. Parks & Wildlife Code Sec. 31.128. DISPOSITION OF FINES.

  108. Tex. Parks & Wildlife Code Sec. 31.129. VIOLATION AND ENFORCEMENT OF SEWAGE DISPOSAL REGULATIONS.

  109. Tex. Parks & Wildlife Code Sec. 31.130. BOATER EDUCATION COURSE PERMITTED IN LIEU OF FINE.

  110. Tex. Parks & Wildlife Code Sec. 31.131. BOATER EDUCATION COURSE REQUIRED FOR CERTAIN VIOLATIONS.

  111. Tex. Parks & Wildlife Code Sec. 31.132. REPORTING PROCEDURES FOR ENFORCEMENT OFFICERS.

  112. Tex. Parks & Wildlife Code Sec. 31.141. BOAT RAMPS.

  113. Tex. Parks & Wildlife Code Sec. 31.142. BUOYS AND MARKERS. The department may provide for a standardized buoy-marking program for the inland water of the state. The department may purchase and provide the controlling agency of the water bodies with buoys and markers.

  114. Tex. Parks & Wildlife Code Sec. 31.171. DEFINITIONS. In this subchapter:

  115. Tex. Parks & Wildlife Code Sec. 31.172. APPLICABILITY; EXCEPTION.

  116. Tex. Parks & Wildlife Code Sec. 31.173. PARTY BOAT OPERATOR AND STAFF.

  117. Tex. Parks & Wildlife Code Sec. 31.174. BOAT REQUIREMENTS. A party boat:

  118. Tex. Parks & Wildlife Code Sec. 31.175. PASSENGER SAFETY INFORMATION; INSURANCE.

  119. Tex. Parks & Wildlife Code Sec. 31.176. PARTY BOAT OPERATOR LICENSE.

  120. Tex. Parks & Wildlife Code Sec. 31.177. FEES.

  121. Tex. Parks & Wildlife Code Sec. 31.178. DRUG AND ALCOHOL TESTING. If a party boat is involved in an accident causing serious personal injury or death, each staff member on board is subject to mandatory drug and alcohol testing.

  122. Tex. Parks & Wildlife Code Sec. 31.179. ENFORCEMENT.

  123. Tex. Parks & Wildlife Code Sec. 31.180. RULES. The commission shall adopt and enforce rules necessary to implement this subchapter.

Chapter 32

  1. Tex. Parks & Wildlife Code Sec. 32.001. DEFINITIONS. In this chapter:

  2. Tex. Parks & Wildlife Code Sec. 32.002. APPLICABILITY TO COASTAL WATER. This chapter applies only to floating cabins moored in coastal water.

  3. Tex. Parks & Wildlife Code Sec. 32.003. APPLICABILITY OF OTHER LAW. Chapter 33, Natural Resources Code, does not apply to a floating cabin regulated under this chapter.

  4. Tex. Parks & Wildlife Code Sec. 32.004. EXEMPTION. Subchapter B does not apply to a floating cabin owned by a state agency.

  5. Tex. Parks & Wildlife Code Sec. 32.005. RULES. The commission may adopt rules to implement this chapter.

  6. Tex. Parks & Wildlife Code Sec. 32.006. NONAPPLICABILITY OF CHAPTER 2001, GOVERNMENT CODE. The contested case provisions of the Administrative Procedure Act (Sections 2001.051-2001.178, Government Code) do not apply to this chapter.

  7. Tex. Parks & Wildlife Code Sec. 32.051. PERMIT REQUIRED. A person may not own, maintain, or use a floating cabin in the public coastal water of this state unless a permit has been issued under this chapter for the floating cabin.

  8. Tex. Parks & Wildlife Code Sec. 32.052. ELIGIBILITY FOR PERMIT. A person may apply for a floating cabin permit if:

  9. Tex. Parks & Wildlife Code Sec. 32.053. APPLICATION FOR PERMIT; REFUND.

  10. Tex. Parks & Wildlife Code Sec. 32.054. TERM OF PERMIT. A floating cabin permit issued under this chapter has a term of one year.

  11. Tex. Parks & Wildlife Code Sec. 32.055. ORIGINAL PERMIT AND PERMIT RENEWAL FEE.

  12. Tex. Parks & Wildlife Code Sec. 32.056. LOCATION OF PERMIT; INSPECTION ALLOWED. A permit holder shall keep a copy of the permit in the floating cabin and available for inspection by the department on request.

  13. Tex. Parks & Wildlife Code Sec. 32.057. TRANSFER OF PERMIT.

  14. Tex. Parks & Wildlife Code Sec. 32.058. PURCHASE PROGRAM; PERMIT EXPIRES.

  15. Tex. Parks & Wildlife Code Sec. 32.101. IDENTIFICATION OF FLOATING CABIN.

  16. Tex. Parks & Wildlife Code Sec. 32.102. RELOCATION OF FLOATING CABIN. A permit holder may relocate the floating cabin, subject to department approval, and the commission shall by rule specify criteria for allowing relocation.

  17. Tex. Parks & Wildlife Code Sec. 32.103. REPLACEMENT OF FLOATING CABIN. The permit holder may replace the floating cabin if:

  18. Tex. Parks & Wildlife Code Sec. 32.104. INCREASE IN SIZE OF CABIN PROHIBITED. A person may not increase the height, length, or width of a floating cabin.

  19. Tex. Parks & Wildlife Code Sec. 32.105. SANITATION DEVICE.

  20. Tex. Parks & Wildlife Code Sec. 32.106. SEWAGE DISCHARGE PROHIBITED. A person may not discharge human body waste, treated or untreated, from a floating cabin into or adjacent to coastal water or state land.

  21. Tex. Parks & Wildlife Code Sec. 32.107. LOCATION OF FLOATING CABIN IN CERTAIN SITES PROHIBITED.

  22. Tex. Parks & Wildlife Code Sec. 32.108. OTHER PROHIBITED CONDUCT. An owner of a floating cabin may not allow the cabin to:

  23. Tex. Parks & Wildlife Code Sec. 32.151. DISCIPLINARY ACTION. The department may suspend or revoke a person's floating cabin permit or place the permit holder on probation for a violation of this chapter.

  24. Tex. Parks & Wildlife Code Sec. 32.152. CIVIL ACTIONS ALLOWED; CIVIL PENALTY.

  25. Tex. Parks & Wildlife Code Sec. 32.153. CRIMINAL PENALTIES.

  26. Tex. Parks & Wildlife Code Sec. 32.154. REMOVAL OF FLOATING CABIN; CRIMINAL PENALTY; CIVIL PENALTY; HEARING.

  27. Tex. Parks & Wildlife Code Sec. 32.155. VENUE. The department may file any suit under this chapter in Travis County or the county in which the floating cabin that is the subject of the suit is located.

Chapter 41

  1. Tex. Parks & Wildlife Code Sec. 41.003. RECIPROCAL LICENSE AGREEMENTS: BORDER STATES.

  2. Tex. Parks & Wildlife Code Sec. 41.004. RECIPROCAL AGREEMENTS PROCLAIMED. An agreement under Section 41.003 is not effective until the commission by proclamation has approved it.

  3. Tex. Parks & Wildlife Code Sec. 41.005. TERMINATION OF RECIPROCAL LICENSE AGREEMENT. An agreement under Section 41.003 of this code may be terminated by the commission at any time after 90 days from the day notice of the termination is given to each border state that is a party to the agreement.

  4. Tex. Parks & Wildlife Code Sec. 41.006. REGULATIONS FOR RECIPROCAL LICENSE AGREEMENTS.

  5. Tex. Parks & Wildlife Code Sec. 41.008. RECIPROCAL LICENSE AGREEMENTS: ANY OTHER STATE. The department may agree with any other state to license sport hunting and fishing by residents of the other state at the same fee as Texas residents are licensed if the other state licenses Texas residents at the same fee as residents of the other state are licensed.

Chapter 42

  1. Tex. Parks & Wildlife Code Sec. 42.001. DEFINITIONS. In this chapter:

  2. Tex. Parks & Wildlife Code Sec. 42.002. RESIDENT LICENSE REQUIRED; EXEMPTIONS.

  3. Tex. Parks & Wildlife Code Sec. 42.0021. LIFETIME RESIDENT HUNTING LICENSE. The department may issue to residents of this state a lifetime resident hunting license.

  4. Tex. Parks & Wildlife Code Sec. 42.005. NONRESIDENT LICENSE REQUIRED.

  5. Tex. Parks & Wildlife Code Sec. 42.006. POSSESSION OF LICENSE; RULES.

  6. Tex. Parks & Wildlife Code Sec. 42.010. ISSUANCE AND FORM OF LICENSES AND TAGS.

  7. Tex. Parks & Wildlife Code Sec. 42.0101. DIGITAL TAGS; RULES.

  8. Tex. Parks & Wildlife Code Sec. 42.011. VOLUNTARY CONTRIBUTION TO HELP FEED HUNGRY TEXANS.

  9. Tex. Parks & Wildlife Code Sec. 42.012. RESIDENT LICENSE FEE.

  10. Tex. Parks & Wildlife Code Sec. 42.0121. LIFETIME RESIDENT HUNTING LICENSE FEE. The fee for a lifetime resident hunting license is $300 or an amount set by the commission, whichever amount is more.

  11. Tex. Parks & Wildlife Code Sec. 42.0141. NONRESIDENT GENERAL HUNTING LICENSE FEE. The fee for a nonresident general hunting license is $100.75 or an amount set by the commission, whichever amount is more.

  12. Tex. Parks & Wildlife Code Sec. 42.0143. NONRESIDENT FIVE-DAY HUNTING LICENSE.

  13. Tex. Parks & Wildlife Code Sec. 42.017. DUPLICATE LICENSE AND TAGS.

  14. Tex. Parks & Wildlife Code Sec. 42.0175. EXPIRATION DATE.

  15. Tex. Parks & Wildlife Code Sec. 42.0177. BIRD OR ANIMAL CARCASSES: COMMISSION RULES. The commission by rule may modify or eliminate the tagging, carcass, final destination, or final processing requirements or provisions of Section 42.001, 42.018, 42.0185, 42.019, or 42.020, or other similar requirements or provisions in this chapter.

  16. Tex. Parks & Wildlife Code Sec. 42.018. TAG TO BE ATTACHED TO DEER.

  17. Tex. Parks & Wildlife Code Sec. 42.0185. TAG TO BE ATTACHED TO TURKEY.

  18. Tex. Parks & Wildlife Code Sec. 42.019. POSSESSION OF CERTAIN PARTS OF ANTELOPE.

  19. Tex. Parks & Wildlife Code Sec. 42.020. BIRD OR ANIMAL TAGS: PROHIBITED ACTS.

  20. Tex. Parks & Wildlife Code Sec. 42.021. BAG LIMITS AND SEASON NOT AFFECTED. The provisions of this chapter do not authorize any person to exceed any bag limit or to hunt deer or turkey during a closed season, and the attachment of deer or turkey tags as provided by this chapter is not prima facie evidence that the deer or turkey was lawfully killed.

  21. Tex. Parks & Wildlife Code Sec. 42.0211. TAKING OF UNBANDED PEN-REARED PHEASANT OR QUAIL BY CERTAIN LANDOWNERS.

  22. Tex. Parks & Wildlife Code Sec. 42.022. ONE LICENSE FOR EACH YEAR.

  23. Tex. Parks & Wildlife Code Sec. 42.023. HUNTING UNDER LICENSE OF ANOTHER. No person may hunt under a license issued to another or permit another to hunt under a license issued to him.

  24. Tex. Parks & Wildlife Code Sec. 42.024. EXHIBITING LICENSE.

  25. Tex. Parks & Wildlife Code Sec. 42.025. PENALTY. A person who violates any provision of this chapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

Chapter 43

  1. Tex. Parks & Wildlife Code Sec. 43.021. PROTECTED WILDLIFE. In this subchapter, "protected wildlife" means all indigenous mammals, indigenous birds, indigenous reptiles, indigenous amphibians, indigenous fish, and other indigenous aquatic life the taking, collecting, holding, possession, propagation, release, display, or transport of which is governed by a provision of this code other than this subchapter or by a commission rule adopted under any provision of this code other than this subchapter and includes endangered species.

  2. Tex. Parks & Wildlife Code Sec. 43.022. PERMIT REQUIREMENT.

  3. Tex. Parks & Wildlife Code Sec. 43.024. DISPOSITION OF PROTECTED WILDLIFE.

  4. Tex. Parks & Wildlife Code Sec. 43.028. CIVIL SUIT; INJUNCTIVE RELIEF; COSTS.

  5. Tex. Parks & Wildlife Code Sec. 43.030. PENALTY. A person who violates Section 43.022, a commission rule, or the conditions of a permit issued under this subchapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

  6. Tex. Parks & Wildlife Code Sec. 43.041. DEFINITIONS. In this subchapter:

  7. Tex. Parks & Wildlife Code Sec. 43.042. LICENSE REQUIRED.

  8. Tex. Parks & Wildlife Code Sec. 43.043. ISSUANCE OF LICENSE. The department may issue a hunting lease license only in the name of the owner of a hunting lease or the name of the landowner's agent.

  9. Tex. Parks & Wildlife Code Sec. 43.0431. APPLICATION FOR LICENSE.

  10. Tex. Parks & Wildlife Code Sec. 43.0432. WILDLIFE MANAGEMENT ASSOCIATION AREA HUNTING LEASE LICENSES.

  11. Tex. Parks & Wildlife Code Sec. 43.044. LICENSE FEES.

  12. Tex. Parks & Wildlife Code Sec. 43.045. DURATION OF LICENSE. A hunting lease license is valid for the period from September 1 or another date set by the commission through August 31 of the next year or another date set by the commission. The commission by rule may set the amount of a license fee for a license issued during a transition period at an amount lower than prescribed in this subchapter and provide for a license term for a transition period that is shorter or longer than a year.

  13. Tex. Parks & Wildlife Code Sec. 43.055. PENALTY. A person who violates any provision of this subchapter or who fails to comply with any provision of this subchapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

  14. Tex. Parks & Wildlife Code Sec. 43.061. TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME ANIMALS AND GAME BIRDS; PERMIT REQUIRED.

  15. Tex. Parks & Wildlife Code Sec. 43.0611. URBAN WHITE-TAILED DEER REMOVAL; PERMIT REQUIRED.

  16. Tex. Parks & Wildlife Code Sec. 43.0612. TRAPPING AND TRANSPORTING SURPLUS WHITE-TAILED DEER; PERMIT REQUIRED.

  17. Tex. Parks & Wildlife Code Sec. 43.062. PENALTY.

  18. Tex. Parks & Wildlife Code Sec. 43.071. DEFINITIONS. In this subchapter:

  19. Tex. Parks & Wildlife Code Sec. 43.072. APPLICATION FOR LICENSE.

  20. Tex. Parks & Wildlife Code Sec. 43.0721. LICENSE REQUIRED.

  21. Tex. Parks & Wildlife Code Sec. 43.0722. ISSUANCE OF LICENSE; FEE; VALIDITY.

  22. Tex. Parks & Wildlife Code Sec. 43.073. AREA LIMITATIONS AND MARKINGS.

  23. Tex. Parks & Wildlife Code Sec. 43.074. TAKING OF PEN-REARED BIRDS AUTHORIZED.

  24. Tex. Parks & Wildlife Code Sec. 43.075. GAME BIRDS IN CAPTIVITY; BANDING.

  25. Tex. Parks & Wildlife Code Sec. 43.076. LICENSE FORM. A private bird hunting area license must be on a form prescribed by the department.

  26. Tex. Parks & Wildlife Code Sec. 43.0762. REGULATIONS. The commission may adopt regulations necessary to administer this subchapter, including any provision, limitation, or prohibition necessary to manage and protect game birds occurring naturally in the wild.

  27. Tex. Parks & Wildlife Code Sec. 43.0763. APPLICATION FOR FIELD TRIAL PERMIT.

  28. Tex. Parks & Wildlife Code Sec. 43.0764. FIELD TRIAL PERMIT; FEE; VALIDITY.

  29. Tex. Parks & Wildlife Code Sec. 43.077. PENALTY. A person who violates any provision of this subchapter or a regulation of the commission under this subchapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

  30. Tex. Parks & Wildlife Code Sec. 43.078. HUNTING LICENSE REQUIRED.

  31. Tex. Parks & Wildlife Code Sec. 43.101. APPLICABILITY OF SUBCHAPTER. This subchapter and a proclamation or regulation of the commission adopted under this subchapter apply to all counties of the state.

  32. Tex. Parks & Wildlife Code Sec. 43.102. PERMIT AUTHORIZED. Under Public Law 92-159, Section (b)(1) (85 Stat. 480, 16 U.S.C. 742j-1), the department may issue permits for the management of wildlife and exotic animals by the use of aircraft in this state.

  33. Tex. Parks & Wildlife Code Sec. 43.103. DEFINITIONS. In this subchapter:

  34. Tex. Parks & Wildlife Code Sec. 43.104. GROUNDS TO ISSUE PERMIT. The department may issue a permit to any person if the department finds that management of wildlife or exotic animals by the use of aircraft is necessary to protect or to aid in the administration or protection of land, water, wildlife, livestock, domesticated animals, human life, or crops and will not have a deleterious effect on indigenous species.

  35. Tex. Parks & Wildlife Code Sec. 43.105. APPLICATION FOR PERMIT.

  36. Tex. Parks & Wildlife Code Sec. 43.106. FORM AND PERIOD OF VALIDITY OF PERMIT; RENEWAL.

  37. Tex. Parks & Wildlife Code Sec. 43.107. REPORTS REQUIRED.

  38. Tex. Parks & Wildlife Code Sec. 43.1075. USING HELICOPTERS TO TAKE CERTAIN ANIMALS. Under the authority of a permit issued under this subchapter, a qualified landowner or landowner's agent, as determined by commission rule, may contract to participate as a hunter or observer in using a helicopter to take depredating:

  39. Tex. Parks & Wildlife Code Sec. 43.1076. USING HOT AIR BALLOONS TO TAKE CERTAIN ANIMALS. A qualified landowner or landowner's agent, as determined by commission rule, may contract to participate as a hunter or observer in using a hot air balloon to take depredating feral hogs or coyotes under the authority of a permit issued under this subchapter.

  40. Tex. Parks & Wildlife Code Sec. 43.108. REPORTS BY DEPARTMENT. The department shall report annually to the Secretary of the Interior of the United States as required by federal law.

  41. Tex. Parks & Wildlife Code Sec. 43.109. REGULATIONS.

  42. Tex. Parks & Wildlife Code Sec. 43.1095. PROHIBITED ACTS.

  43. Tex. Parks & Wildlife Code Sec. 43.110. PERMIT FEE. The commission shall set a fee for a permit that authorizes the management of wildlife or exotic animals by the use of aircraft.

  44. Tex. Parks & Wildlife Code Sec. 43.111. PENALTY.

  45. Tex. Parks & Wildlife Code Sec. 43.151. THREATS TO PUBLIC SAFETY OR DAMAGE BY WILDLIFE; NOTICE OF WHITE-TAILED DEER POPULATION CONTROL IN CERTAIN AREAS.

  46. Tex. Parks & Wildlife Code Sec. 43.1515. RULES. The commission may adopt rules to implement this subchapter, including rules governing:

  47. Tex. Parks & Wildlife Code Sec. 43.152. DEPARTMENT INSPECTION.

  48. Tex. Parks & Wildlife Code Sec. 43.153. APPLICATION FOR PERMIT.

  49. Tex. Parks & Wildlife Code Sec. 43.154. PERMIT.

  50. Tex. Parks & Wildlife Code Sec. 43.155. DISPOSITION OF WILDLIFE.

  51. Tex. Parks & Wildlife Code Sec. 43.156. CANCELLATION OF PERMIT. The department may cancel a permit if:

  52. Tex. Parks & Wildlife Code Sec. 43.1565. REINSTATEMENT OF PERMIT. The department may reinstate a canceled permit if the permit holder submits an application for reinstatement in the same manner as required by Section 43.153 for an original permit and pays a fee set by the commission.

  53. Tex. Parks & Wildlife Code Sec. 43.157. VIOLATIONS; PENALTY.

  54. Tex. Parks & Wildlife Code Sec. 43.158. LANDOWNER PERMIT EXEMPTION. Nothing in this subchapter prevents a landowner or the landowner's agent or lessee from taking depredating feral hogs on the landowner's land without having acquired a permit under this subchapter.

  55. Tex. Parks & Wildlife Code Sec. 43.201. ARCHERY STAMP REQUIRED.

  56. Tex. Parks & Wildlife Code Sec. 43.202. FEE. The fee for an archery hunting stamp is $6 or an amount set by the commission, whichever amount is more. The department may issue other editions of the stamp that are not valid for hunting at an amount set by the commission.

  57. Tex. Parks & Wildlife Code Sec. 43.203. HUNTING LICENSE REQUIRED. The purchase or possession of an archery hunting stamp does not permit a person to hunt deer, turkey, or javelina without the license required by Chapter 42 or by any means or methods not allowed by law.

  58. Tex. Parks & Wildlife Code Sec. 43.204. STAMP SALE RECEIPTS. The net revenue derived from the sale of archery hunting stamps shall be sent to the department.

  59. Tex. Parks & Wildlife Code Sec. 43.205. PENALTY.

  60. Tex. Parks & Wildlife Code Sec. 43.251. DEFINITIONS. In this subchapter:

  61. Tex. Parks & Wildlife Code Sec. 43.252. FIELD TRIAL PERMIT.

  62. Tex. Parks & Wildlife Code Sec. 43.253. COMMISSION RULES.

  63. Tex. Parks & Wildlife Code Sec. 43.254. HUNTING LICENSE NOT REQUIRED DURING FIELD TRIAL. An individual registered to participate in a field trial held under a field trial permit is exempt from the hunting license requirements of Chapter 42 while the individual is participating in the field trial.

  64. Tex. Parks & Wildlife Code Sec. 43.351. DEFINITIONS. In this subchapter:

  65. Tex. Parks & Wildlife Code Sec. 43.352. PERMIT AUTHORIZED; DURATION OF PERMIT.

  66. Tex. Parks & Wildlife Code Sec. 43.353. PERMIT IS DEFENSE. In any prosecution for the unlawful possession or transportation of white-tailed deer or mule deer, the possession of a permit issued under this subchapter to the accused is a complete defense if the conduct was authorized under the terms of the permit.

  67. Tex. Parks & Wildlife Code Sec. 43.356. SERIAL NUMBER. The department shall issue a serial number to a permittee when the department issues the permittee a deer breeder's permit. The same serial number shall be assigned to the permittee if the department issues the permittee a subsequent deer breeder's permit.

  68. Tex. Parks & Wildlife Code Sec. 43.3561. IDENTIFICATION OF BREEDER DEER.

  69. Tex. Parks & Wildlife Code Sec. 43.357. PERMIT PRIVILEGES; REGULATIONS.

  70. Tex. Parks & Wildlife Code Sec. 43.358. INSPECTION. An authorized employee of the department may inspect at any time and without warrant:

  71. Tex. Parks & Wildlife Code Sec. 43.359. RECORDS AND REPORTS.

  72. Tex. Parks & Wildlife Code Sec. 43.3591. GENETIC TESTING.

  73. Tex. Parks & Wildlife Code Sec. 43.360. ENCLOSURE SIZE. A single enclosure for breeder deer may not contain more than 100 acres.

  74. Tex. Parks & Wildlife Code Sec. 43.361. RELEASE SITES.

  75. Tex. Parks & Wildlife Code Sec. 43.362. TRANSFER, PURCHASE, OR SALE OF LIVE BREEDER DEER.

  76. Tex. Parks & Wildlife Code Sec. 43.363. TRANSFER DURING OPEN SEASON.

  77. Tex. Parks & Wildlife Code Sec. 43.364. USE OF BREEDER DEER. Breeder deer may be purchased, sold, transferred, or received in this state only for the purposes of liberation or holding for propagation. All breeder deer and increase from breeder deer are under the full force of the laws of this state pertaining to deer, and those breeder deer may be held in captivity for propagation in this state only after a deer breeder's permit is issued by the department under this subchapter.

  78. Tex. Parks & Wildlife Code Sec. 43.365. PROHIBITED ACTS.

  79. Tex. Parks & Wildlife Code Sec. 43.366. APPLICATION OF OTHER LAWS.

  80. Tex. Parks & Wildlife Code Sec. 43.367. PENALTY.

  81. Tex. Parks & Wildlife Code Sec. 43.369. DEER BREEDER DATABASE.

  82. Tex. Parks & Wildlife Code Sec. 43.401. DEFINITION. In this subchapter, "saltwater" has the meaning prescribed by Section 66.001 of this code.

  83. Tex. Parks & Wildlife Code Sec. 43.402. SALTWATER SPORTFISHING STAMP REQUIRED.

  84. Tex. Parks & Wildlife Code Sec. 43.403. DESIGN AND ISSUANCE OF STAMP.

  85. Tex. Parks & Wildlife Code Sec. 43.4035. EXPIRATION OF STAMP.

  86. Tex. Parks & Wildlife Code Sec. 43.404. FISHING LICENSE REQUIRED. The acquisition of a saltwater sportfishing stamp does not authorize a person to fish for sporting purposes in saltwater without having acquired a fishing license required by Chapter 46 of this code or authorize saltwater sportfishing at any time or by any means not otherwise authorized by this code.

  87. Tex. Parks & Wildlife Code Sec. 43.405. DISPOSITION AND USE OF STAMP FEES.

  88. Tex. Parks & Wildlife Code Sec. 43.406. REFUSAL TO SHOW STAMP. A person fishing in saltwater for sporting purposes who refuses on demand of any game warden or peace officer to show a saltwater sportfishing stamp is presumed to be in violation of Section 43.402.

  89. Tex. Parks & Wildlife Code Sec. 43.407. PENALTY. A person who violates Section 43.402 of this code is guilty of a Class C Parks and Wildlife Code misdemeanor.

  90. Tex. Parks & Wildlife Code Sec. 43.521. CONSERVATION PERMIT REQUIRED.

  91. Tex. Parks & Wildlife Code Sec. 43.522. ISSUANCE AND EXPIRATION OF CONSERVATION PERMIT.

  92. Tex. Parks & Wildlife Code Sec. 43.523. OTHER PERMITS REQUIRED. Possession of a conservation permit does not relieve the holder of the requirement for holding any other permit or paying any other fee or charge for the entrance to or use of land under the department's control that is authorized by law or rule of the commission, including Chapters 12, 21, and 81 of this code, however, the department may grant discounts on charges for entrance and use of land to holders of conservation permits.

  93. Tex. Parks & Wildlife Code Sec. 43.524. DISPOSITION OF CONSERVATION PERMIT FEES.

  94. Tex. Parks & Wildlife Code Sec. 43.525. FAILURE OR REFUSAL TO SHOW CONSERVATION PERMIT; PENALTY.

  95. Tex. Parks & Wildlife Code Sec. 43.551. PERMIT FOR THE TAKING OF BROOD STOCK BY COMMERCIAL AQUACULTURE FACILITIES. The department may issue a permit to an operator of a commercial aquaculture facility as defined by Section 134.001, Agriculture Code, that authorizes the operator to take a specified quantity of fish brood stock from specified public water.

  96. Tex. Parks & Wildlife Code Sec. 43.552. COMMISSION RULES. The commission by rule shall prescribe the requirements and conditions for issuance of a permit authorized by this subchapter.

  97. Tex. Parks & Wildlife Code Sec. 43.553. QUANTITY THAT MAY BE TAKEN.

  98. Tex. Parks & Wildlife Code Sec. 43.554. FEES. The commission shall charge the operator of a commercial aquaculture facility a fee equal to the value of the fish authorized to be taken under this subchapter.

  99. Tex. Parks & Wildlife Code Sec. 43.555. PENALTIES. A person who violates this subchapter or a commission rule issued under this subchapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

  100. Tex. Parks & Wildlife Code Sec. 43.601. PERMIT FOR DEER MANAGEMENT.

  101. Tex. Parks & Wildlife Code Sec. 43.602. MANAGEMENT PLAN.

  102. Tex. Parks & Wildlife Code Sec. 43.603. CONDITIONS; DURATION; FEE.

  103. Tex. Parks & Wildlife Code Sec. 43.604. INSPECTION. An authorized employee of the department may inspect at any time without warrant the records required by Section 43.605 and the acreage for which the permit is issued for the purpose of determining the permit holder's compliance with the management plan.

  104. Tex. Parks & Wildlife Code Sec. 43.605. RECORDS. The holder of a permit issued under this subchapter shall maintain, in a form prescribed by the department, an accurate record showing:

  105. Tex. Parks & Wildlife Code Sec. 43.606. APPLICATION OF GENERAL LAWS. Except as expressly provided by this subchapter and the terms and conditions of the permit and management plan, the general laws and regulations of this state applicable to white-tailed deer apply to deer on the acreage covered by the permit. This subchapter does not restrict or prohibit the use of high fences on acreage not covered by a management plan.

  106. Tex. Parks & Wildlife Code Sec. 43.607. PENALTY.

  107. Tex. Parks & Wildlife Code Sec. 43.621. PERMIT FOR DEER MANAGEMENT.

  108. Tex. Parks & Wildlife Code Sec. 43.622. MANAGEMENT PLAN.

  109. Tex. Parks & Wildlife Code Sec. 43.623. CONDITIONS; DURATION; FEE.

  110. Tex. Parks & Wildlife Code Sec. 43.624. INSPECTION. An authorized employee of the department may inspect at any time without warrant the records required by Section 43.625 and the acreage for which the permit is issued for the purpose of determining the permit holder's compliance with the management plan.

  111. Tex. Parks & Wildlife Code Sec. 43.625. RECORDS. The holder of a permit issued under this subchapter shall maintain, in a form prescribed by the department, an accurate record showing:

  112. Tex. Parks & Wildlife Code Sec. 43.626. APPLICATION OF GENERAL LAWS. Except as expressly provided by this subchapter and the terms of the permit and management plan, the general laws and regulations of this state applicable to mule deer apply to deer on the acreage covered by the permit. This subchapter does not restrict or prohibit the use of high fences.

  113. Tex. Parks & Wildlife Code Sec. 43.627. PENALTY.

  114. Tex. Parks & Wildlife Code Sec. 43.651. DEFINITIONS. In this subchapter:

  115. Tex. Parks & Wildlife Code Sec. 43.652. MIGRATORY OR UPLAND GAME BIRD STAMP REQUIRED.

  116. Tex. Parks & Wildlife Code Sec. 43.653. HUNTING LICENSE REQUIRED. The possession of either a migratory or upland game bird stamp does not authorize a person to hunt a migratory or upland game bird:

  117. Tex. Parks & Wildlife Code Sec. 43.654. DESIGN AND ISSUANCE OF STAMPS.

  118. Tex. Parks & Wildlife Code Sec. 43.655. DISPOSITION OF MIGRATORY GAME BIRD STAMP NET PROCEEDS.

  119. Tex. Parks & Wildlife Code Sec. 43.656. USES OF NET PROCEEDS FROM MIGRATORY GAME BIRD STAMP.

  120. Tex. Parks & Wildlife Code Sec. 43.657. DISPOSITION OF UPLAND GAME BIRD STAMP NET PROCEEDS.

  121. Tex. Parks & Wildlife Code Sec. 43.658. USES OF NET PROCEEDS FROM UPLAND GAME BIRD STAMP.

  122. Tex. Parks & Wildlife Code Sec. 43.659. CONTRACTS, DONATIONS, AND GRANTS. As allowed under state and federal law, the department may make money available in advance or by reimbursement to appropriate state, regional, national, and international governmental and nonprofit organizations through contracts, donations, and grants. The money may be used to acquire, develop, and maintain migratory and upland game bird habitat areas in the United States, Canada, Mexico, or another country that provides migratory habitat for the Central Flyway.

  123. Tex. Parks & Wildlife Code Sec. 43.660. REFUSAL TO SHOW STAMP OR PROOF OF EXEMPTION ELIGIBILITY. A person hunting a migratory or upland game bird who refuses on demand of any game warden or other peace officer to show the applicable stamp, or proof that the person is exempt under Section 43.652(b), is presumed to be in violation of Section 43.652.

  124. Tex. Parks & Wildlife Code Sec. 43.661. RECIPROCAL AGREEMENTS RELATING TO MIGRATORY GAME BIRDS. As provided by Chapter 41, the department may negotiate a reciprocal agreement with a state that shares a common boundary with this state if the neighboring state has a similar migratory game bird stamp requirement and fee. The reciprocal agreement may permit a resident of the state with which the reciprocal agreement is made to hunt a migratory game bird in this state without a stamp issued under this subchapter if the person possesses a stamp issued by the other state.

  125. Tex. Parks & Wildlife Code Sec. 43.665. PENALTY. A person who violates Section 43.652 commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

  126. Tex. Parks & Wildlife Code Sec. 43.801. DEFINITION. In this subchapter, "fresh water" has the meaning provided by Section 66.001.

  127. Tex. Parks & Wildlife Code Sec. 43.802. FRESHWATER FISHING STAMP REQUIRED.

  128. Tex. Parks & Wildlife Code Sec. 43.803. FISHING LICENSE REQUIRED. The acquisition of a freshwater fishing stamp does not authorize a person to fish in fresh water for sporting purposes without having acquired a fishing license as provided by Chapter 46. The acquisition of a freshwater fishing stamp does not authorize a person to fish at any time or by any means not otherwise authorized by this code.

  129. Tex. Parks & Wildlife Code Sec. 43.804. DESIGN AND ISSUANCE OF STAMPS.

  130. Tex. Parks & Wildlife Code Sec. 43.805. DISPOSITION OF STAMP FEES.

  131. Tex. Parks & Wildlife Code Sec. 43.806. EXPIRATION OF STAMP.

  132. Tex. Parks & Wildlife Code Sec. 43.807. REFUSAL TO SHOW STAMP. A person fishing in fresh water for sporting purposes who refuses on demand of any game warden or peace officer to show a freshwater fishing stamp or proof that the person is exempt under Section 43.802(b) or a rule adopted under that section is presumed to be in violation of Section 43.802.

  133. Tex. Parks & Wildlife Code Sec. 43.808. PENALTY. A person who violates Section 43.802 is guilty of a Class C Parks and Wildlife Code misdemeanor.

  134. Tex. Parks & Wildlife Code Sec. 43.851. PERMIT.

  135. Tex. Parks & Wildlife Code Sec. 43.852. INSPECTION OF PERMIT AND RECORDS. An authorized department employee may inspect at any time and without a warrant a permit or any records required by this subchapter.

  136. Tex. Parks & Wildlife Code Sec. 43.853. RELEASE FROM CAPTIVITY. A person may not intentionally, knowingly, recklessly, or with criminal negligence release or allow the release from captivity of a snake covered by this subchapter.

  137. Tex. Parks & Wildlife Code Sec. 43.854. SEIZURE OF CONTRABAND; FINANCIAL RESPONSIBILITY.

  138. Tex. Parks & Wildlife Code Sec. 43.855. RULES. The commission may adopt rules to implement this subchapter, including rules to govern:

  139. Tex. Parks & Wildlife Code Sec. 43.856. OFFENSE.

  140. Tex. Parks & Wildlife Code Sec. 43.901. REPTILE AND AMPHIBIAN STAMP REQUIRED.

  141. Tex. Parks & Wildlife Code Sec. 43.902. FEE. The fee for a reptile and amphibian stamp is $10. The department may issue other editions of the stamp that are not valid for capturing by nonlethal means a species covered by this subchapter for a fee set by the commission.

  142. Tex. Parks & Wildlife Code Sec. 43.903. HUNTING LICENSE REQUIRED. The possession of a reptile and amphibian stamp does not authorize a person to capture by nonlethal means an indigenous reptile or amphibian:

  143. Tex. Parks & Wildlife Code Sec. 43.904. STAMP SALE RECEIPTS. The net revenue derived from the sale of reptile and amphibian stamps shall be credited to the game, fish, and water safety account.

  144. Tex. Parks & Wildlife Code Sec. 43.905. EXEMPTIONS. A person is not required to have a hunting license or reptile and amphibian stamp to capture by nonlethal means and subsequently release in another location an indigenous reptile or amphibian if the person is:

  145. Tex. Parks & Wildlife Code Sec. 43.906. PENALTY.

  146. Tex. Parks & Wildlife Code Sec. 43.951. APPLICABILITY. This subchapter applies only to the disposition of the following deer:

  147. Tex. Parks & Wildlife Code Sec. 43.952. DEFINITIONS. In this subchapter:

  148. Tex. Parks & Wildlife Code Sec. 43.953. DESTRUCTION OF DEER.

  149. Tex. Parks & Wildlife Code Sec. 43.954. NOTICE OF DEER DESTRUCTION.

  150. Tex. Parks & Wildlife Code Sec. 43.955. COST OF ASSESSMENT AND DESTRUCTION OF DEER.

  151. Tex. Parks & Wildlife Code Sec. 43.975. DEFINITION. In this subchapter, "program" means the Managed Lands Deer Program described by 31 T.A.C. Section 65.29, or a successor to that program.

  152. Tex. Parks & Wildlife Code Sec. 43.976. PROGRAM PARTICIPATION FEE.

  153. Tex. Parks & Wildlife Code Sec. 43.977. RULES. The commission shall adopt rules required to implement the program.

Chapter 44

  1. Tex. Parks & Wildlife Code Sec. 44.001. DEFINITIONS. In this chapter:

  2. Tex. Parks & Wildlife Code Sec. 44.002. LICENSE REQUIREMENT. No person may sell, place in captivity, or engage in the business of propagating any game animal of this state unless the person has obtained a license issued under this chapter from the department.

  3. Tex. Parks & Wildlife Code Sec. 44.003. GAME BREEDER'S LICENSE. The department shall issue a game breeder's license on payment of a license fee of $10 or an amount set by the commission, whichever amount is more. The license is valid for a yearly period. Each yearly period begins on September 1 or another date set by the commission and extends through August 31 of the next year or another date set by the commission. The commission by rule may set the amount of a license fee for a license issued during a transition period at an amount lower than prescribed in this section and provide for a license term for a transition period that is shorter or longer than a year.

  4. Tex. Parks & Wildlife Code Sec. 44.004. REISSUANCE OF LICENSE. A game breeder's license may not be issued to a previous licensee unless the licensee has filed with the department a copy of the record required by Section 44.007 of this code with an affidavit made before an officer qualified to administer oaths that the copy is true and correct.

  5. Tex. Parks & Wildlife Code Sec. 44.005. SERIAL NUMBER.

  6. Tex. Parks & Wildlife Code Sec. 44.006. LICENSE PRIVILEGES. The holder of a valid game breeder's license may:

  7. Tex. Parks & Wildlife Code Sec. 44.007. RECORDS.

  8. Tex. Parks & Wildlife Code Sec. 44.008. ENCLOSURE SIZE. A single enclosure for any game animal may not contain more than 320 acres.

  9. Tex. Parks & Wildlife Code Sec. 44.009. INSPECTION. An authorized employee of the department may inspect at any time and without warrant any pen, coop, or enclosure holding a game animal.

  10. Tex. Parks & Wildlife Code Sec. 44.010. SHIPMENT OF GAME ANIMALS.

  11. Tex. Parks & Wildlife Code Sec. 44.011. PURCHASE AND SALE OF LIVE GAME ANIMALS.

  12. Tex. Parks & Wildlife Code Sec. 44.012. SALE DURING OPEN SEASON. A game animal held under the authority of a license issued under this subchapter may not be sold, traded, transferred, or shipped to any person in any county during an open season in the county of destination for taking the game animal or during a period of 10 days before the open season.

  13. Tex. Parks & Wildlife Code Sec. 44.0125. PROHIBITED ACTS. It is an offense if:

  14. Tex. Parks & Wildlife Code Sec. 44.013. USE OF PURCHASED GAME ANIMALS.

  15. Tex. Parks & Wildlife Code Sec. 44.014. APPLICATION OF GENERAL LAWS. In order that native game species may be preserved, game animals held under a game breeder's license are subject to all laws and regulations of this state pertaining to wild game animals except as specifically provided in this chapter.

  16. Tex. Parks & Wildlife Code Sec. 44.015. RIGHT OF DEPARTMENT. The department or an authorized employee of the department may take, possess, hold, transport, or propagate any game animal of this state for public purposes.

  17. Tex. Parks & Wildlife Code Sec. 44.016. PENALTIES. A person who violates a provision of this chapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

Chapter 45

  1. Tex. Parks & Wildlife Code Sec. 45.0001. DEFINITIONS. In this chapter:

  2. Tex. Parks & Wildlife Code Sec. 45.001. LICENSE REQUIRED. No person may possess game birds in captivity for the purpose of propagation or sale or sell game bird eggs without first acquiring the proper license authorized to be issued under this chapter.

  3. Tex. Parks & Wildlife Code Sec. 45.002. FORM OF LICENSE; PERIOD OF VALIDITY.

  4. Tex. Parks & Wildlife Code Sec. 45.003. TYPES OF LICENSES; FEES.

  5. Tex. Parks & Wildlife Code Sec. 45.004. SIZE OF ENCLOSURES.

  6. Tex. Parks & Wildlife Code Sec. 45.005. RECORDS OF LIVE BIRD AND EGG SALES.

  7. Tex. Parks & Wildlife Code Sec. 45.006. SALES OF GAME BIRD CARCASSES OR PARTS OF A GAME BIRD.

  8. Tex. Parks & Wildlife Code Sec. 45.0061. SOURCE OF GAME BIRDS. A person who is not required to possess a commercial game bird breeder's license and who is in possession of a live game bird, game bird egg, or part of a dead game bird shall, on the request of a game warden commissioned by the department, furnish to the warden a receipt showing the name and street address of the person and the name and street address of the source from which any live game bird, game bird egg, or part of a dead game bird in the possession of the person was derived. The receipt must also show the date of sale and the kind or species and number of live game birds, game bird eggs, or parts of dead game birds acquired. The failure or refusal to comply with this section is a violation of this chapter.

  9. Tex. Parks & Wildlife Code Sec. 45.007. PROHIBITED ACTS.

  10. Tex. Parks & Wildlife Code Sec. 45.008. RECORDS; REPORTS.

  11. Tex. Parks & Wildlife Code Sec. 45.009. EXCEPTIONS.

  12. Tex. Parks & Wildlife Code Sec. 45.010. INSPECTIONS. An authorized employee of the department may inspect the facilities and enclosures of a person licensed under this chapter at any time during normal business hours without a warrant.

  13. Tex. Parks & Wildlife Code Sec. 45.011. PERMITS REQUIRED BY THE UNITED STATES. This chapter does not authorize any act prohibited by federal law without a permit issued by the United States, nor does the possession of a permit issued by the United States authorize any act prohibited by this chapter unless expressly provided by federal law.

  14. Tex. Parks & Wildlife Code Sec. 45.012. PENALTY. A person who violates a provision of this chapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

Chapter 46

  1. Tex. Parks & Wildlife Code Sec. 46.001. PROHIBITED ACTS.

  2. Tex. Parks & Wildlife Code Sec. 46.0011. RESIDENT AND NONRESIDENT DEFINED. In this chapter:

  3. Tex. Parks & Wildlife Code Sec. 46.0012. FREE SPORTFISHING DAY. On the first Saturday in June of each year, a fishing license is not required of any person fishing for sporting purposes in public water. This section is limited to license requirements and does not affect other provisions of this code relating to the taking or possession of fish for sporting purposes.

  4. Tex. Parks & Wildlife Code Sec. 46.002. EXEMPTIONS.

  5. Tex. Parks & Wildlife Code Sec. 46.004. LICENSE FEES.

  6. Tex. Parks & Wildlife Code Sec. 46.0045. TAG FEES. The commission by rule may establish fees for initial and duplicate tags issued under this subchapter.

  7. Tex. Parks & Wildlife Code Sec. 46.005. TEMPORARY SPORTFISHING LICENSES.

  8. Tex. Parks & Wildlife Code Sec. 46.0051. TEMPORARY NONRESIDENT LICENSES.

  9. Tex. Parks & Wildlife Code Sec. 46.006. DUPLICATE LICENSE OR TAG.

  10. Tex. Parks & Wildlife Code Sec. 46.007. EXPIRATION OF LICENSES AND TAGS.

  11. Tex. Parks & Wildlife Code Sec. 46.008. LICENSE INFORMATION. A license issued under this subchapter must contain information determined by the commission to be necessary.

  12. Tex. Parks & Wildlife Code Sec. 46.0085. FORM AND ISSUANCE OF LICENSES AND TAGS.

  13. Tex. Parks & Wildlife Code Sec. 46.0086. FINFISH TAGS: PROHIBITED ACTS.

  14. Tex. Parks & Wildlife Code Sec. 46.013. ISSUANCE OR ACCEPTANCE OF LICENSE. No person may issue or accept a license or tag required by this subchapter except on a form provided by the department.

  15. Tex. Parks & Wildlife Code Sec. 46.014. FISHING UNDER THE LICENSE OF ANOTHER. No person may fish under a license issued to another or allow another person to fish under a license issued to him.

  16. Tex. Parks & Wildlife Code Sec. 46.015. PENALTY.

  17. Tex. Parks & Wildlife Code Sec. 46.101. LAKE TEXOMA. This subchapter applies only to Lake Texoma, which is the portion of this state inundated by the water impounded by a dam across the channel of the Red River, known as Denison Dam, and any other portion of that area of land acquired by the United States for the operation of the reservoir.

  18. Tex. Parks & Wildlife Code Sec. 46.102. FISHING LICENSE REQUIRED. Except as provided in this subchapter, no person may catch fish in Lake Texoma unless he has acquired a license issued under this subchapter. The commission by rule may prescribe requirements relating to possessing a license required by this subchapter.

  19. Tex. Parks & Wildlife Code Sec. 46.103. EXEMPTIONS. Residents of this state engaged in fishing within the territorial boundaries of this state are not required to obtain a license issued under this subchapter.

  20. Tex. Parks & Wildlife Code Sec. 46.104. LICENSE: PERIOD OF VALIDITY AND FEE.

  21. Tex. Parks & Wildlife Code Sec. 46.105. LAKE TEXOMA 10-DAY FISHING LICENSE.

  22. Tex. Parks & Wildlife Code Sec. 46.106. FORM OF LICENSE. Licenses issued under this subchapter shall be on the form prescribed by the department and must contain information necessary for enforcement of this subchapter as required by the department.

  23. Tex. Parks & Wildlife Code Sec. 46.108. DIVISION OF FEES. The department shall keep separate and strict account of the revenue received from licenses issued under this subchapter for annual division between this state and the State of Oklahoma. The division shall be on a basis of the proportionate area of Lake Texoma lying within the territorial jurisdiction of the respective states.

  24. Tex. Parks & Wildlife Code Sec. 46.109. PAYMENT BY COMPTROLLER. On February 1 of each year the comptroller shall pay to the state of Oklahoma 70 percent of the revenue collected from licenses issued under this subchapter during the previous calendar year.

  25. Tex. Parks & Wildlife Code Sec. 46.110. PENALTY. A person who violates a provision of this subchapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

  26. Tex. Parks & Wildlife Code Sec. 46.111. EFFECTIVE DATE OF SUBCHAPTER. This subchapter does not become effective until:

Chapter 47

  1. Tex. Parks & Wildlife Code Sec. 47.001. DEFINITIONS. In this chapter:

  2. Tex. Parks & Wildlife Code Sec. 47.002. GENERAL COMMERCIAL FISHERMAN'S LICENSE.

  3. Tex. Parks & Wildlife Code Sec. 47.004. RESIDENT FISHING GUIDE LICENSE.

  4. Tex. Parks & Wildlife Code Sec. 47.005. NONRESIDENT FISHING GUIDE LICENSE.

  5. Tex. Parks & Wildlife Code Sec. 47.006. LICENSE FEE. The license fee for resident, nonresident, freshwater, and saltwater guides is $75 or an amount for each guide type set separately by the commission, whichever amount is more.

  6. Tex. Parks & Wildlife Code Sec. 47.007. COMMERCIAL FISHING BOAT LICENSE.

  7. Tex. Parks & Wildlife Code Sec. 47.008. MENHADEN BOAT LICENSES.

  8. Tex. Parks & Wildlife Code Sec. 47.009. WHOLESALE FISH DEALER'S LICENSE.

  9. Tex. Parks & Wildlife Code Sec. 47.0091. PURCHASE OF AQUATIC PRODUCTS BY WHOLESALE FISH DEALERS. No wholesale fish dealer may purchase for resale or receive for sale, barter, exchange, or any other commercial purpose any aquatic product from any person or entity in this state unless the dealer purchases the product from the operator of a commercial aquaculture facility as defined by Section 134.001, Agriculture Code, or the holder of:

  10. Tex. Parks & Wildlife Code Sec. 47.010. WHOLESALE TRUCK DEALER'S FISH LICENSE.

  11. Tex. Parks & Wildlife Code Sec. 47.011. RETAIL FISH DEALER'S LICENSE.

  12. Tex. Parks & Wildlife Code Sec. 47.0111. PURCHASE OF AQUATIC PRODUCTS BY RETAIL FISH DEALERS. No retail fish dealer may purchase for resale or receive for sale, barter, exchange, or any other commercial purposes any aquatic products from any person or entity in this state unless the dealer purchases the product from the operator of a commercial aquaculture facility as defined by Section 134.001, Agriculture Code, or the holder of:

  13. Tex. Parks & Wildlife Code Sec. 47.012. PURCHASE OF AQUATIC PRODUCTS BY RESTAURANT OWNER, OPERATOR, OR EMPLOYEE. No restaurant owner, operator, or employee may purchase for consumption by the restaurant's patrons on the restaurant's premises any aquatic product from any person or entity in this state unless the person purchases the aquatic product from the operator of a commercial aquaculture facility as defined by Section 134.001, Agriculture Code, or the holder of:

  14. Tex. Parks & Wildlife Code Sec. 47.0121. UNLAWFUL COMMERCIAL SALE OR PURCHASE OF AQUATIC PRODUCTS.

  15. Tex. Parks & Wildlife Code Sec. 47.013. RETAIL DEALER'S TRUCK LICENSE.

  16. Tex. Parks & Wildlife Code Sec. 47.014. BAIT DEALER'S LICENSE.

  17. Tex. Parks & Wildlife Code Sec. 47.016. MENHADEN FISH PLANT LICENSE.

  18. Tex. Parks & Wildlife Code Sec. 47.017. RENEWAL OF FISH PLANT LICENSE. The department shall renew a menhaden fish plant license on the application of the licensee and on the payment of a renewal fee of $50 or an amount set by the commission, whichever amount is more.

  19. Tex. Parks & Wildlife Code Sec. 47.018. INTERSTATE TRANSPORTATION.

  20. Tex. Parks & Wildlife Code Sec. 47.0181. AQUATIC PRODUCT TRANSPORTATION INVOICES.

  21. Tex. Parks & Wildlife Code Sec. 47.0182. AQUATIC PRODUCT SHIPPING REQUIREMENTS.

  22. Tex. Parks & Wildlife Code Sec. 47.0183. TRANSPORTATION OF AQUATIC PRODUCTS; DISPLAY OF DOCUMENTS.

  23. Tex. Parks & Wildlife Code Sec. 47.019. EXCLUSIVE ECONOMIC ZONE.

  24. Tex. Parks & Wildlife Code Sec. 47.031. EXPIRATION OF LICENSES.

  25. Tex. Parks & Wildlife Code Sec. 47.032. REFUSAL OF LICENSE. No person owing the state any amount for a license or fee under a final judgment of a court may receive a license under this chapter until the indebtedness is satisfied by payment to the department.

  26. Tex. Parks & Wildlife Code Sec. 47.033. DISPLAY OF LICENSE. All licenses, except a tidal water commercial fisherman's license, commercial fishing boat license, menhaden boat license, and menhaden fish plant license, must be publicly displayed at all times in the place of business of the licensee. Licenses required for vehicles transporting aquatic products for sale must be displayed in the vehicle.

  27. Tex. Parks & Wildlife Code Sec. 47.034. AQUATIC PRODUCT SIZE.

  28. Tex. Parks & Wildlife Code Sec. 47.035. PRIMA FACIE EVIDENCE. Proof of possession of any undersized or oversized fish in the place of business of any wholesale or retail fish dealer or on board any boat engaged in commercial fishing or in any commercial vehicle is prima facie evidence of possession for the purpose of sale.

  29. Tex. Parks & Wildlife Code Sec. 47.037. INSPECTION.

  30. Tex. Parks & Wildlife Code Sec. 47.038. SEINES OR NETS FOR MENHADEN.

  31. Tex. Parks & Wildlife Code Sec. 47.039. SEASONS.

  32. Tex. Parks & Wildlife Code Sec. 47.040. REFUSAL TO SHOW LICENSE. A person who is engaging in any act for which a license or permit is required by this chapter and who fails or refuses upon request to show the required license or permit to a game warden, other peace officer, or officer of the court commits an offense.

  33. Tex. Parks & Wildlife Code Sec. 47.041. COMMERCIAL LICENSE BUYBACK SUBACCOUNT.

  34. Tex. Parks & Wildlife Code Sec. 47.051. PENALTY. Except as provided by Sections 47.052 and 47.053, a person who violates a provision of this chapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

  35. Tex. Parks & Wildlife Code Sec. 47.052. PENALTY.

  36. Tex. Parks & Wildlife Code Sec. 47.053. PENALTY.

  37. Tex. Parks & Wildlife Code Sec. 47.055. DISPOSITION OF FUNDS. Money received for licenses issued under this chapter or fines paid for violations of this chapter, less allowable deductions, shall be sent to the department by the 10th day of the month following receipt.

  38. Tex. Parks & Wildlife Code Sec. 47.071. FINFISH LICENSE MANAGEMENT PROGRAM. To promote efficiency and economic stability in the commercial finfish industry and to conserve economically important finfish resources, the department shall implement a finfish license management program in accordance with proclamations adopted by the commission under Chapter 61 and this subchapter.

  39. Tex. Parks & Wildlife Code Sec. 47.072. DEFINITION. In this subchapter, "license" means a commercial license issued in accordance with a proclamation under this subchapter that authorizes a person to engage in business as a commercial finfish fisherman.

  40. Tex. Parks & Wildlife Code Sec. 47.073. FINFISH LICENSE MANAGEMENT REVIEW BOARD.

  41. Tex. Parks & Wildlife Code Sec. 47.074. LICENSING.

  42. Tex. Parks & Wildlife Code Sec. 47.075. LICENSE FEE. The fee for a commercial finfish fisherman's license issued under this subchapter is $300 or an amount set by the commission, whichever amount is more. All fees generated by the issuance of a license under this subchapter are to be sent to the comptroller for deposit to the credit of the game, fish, and water safety account subject to Section 47.081(d).

  43. Tex. Parks & Wildlife Code Sec. 47.076. LICENSE RENEWAL. A person seeking to renew a license established by this subchapter must have held the license during the preceding license year.

  44. Tex. Parks & Wildlife Code Sec. 47.077. LIMIT ON NUMBER OF LICENSES HELD.

  45. Tex. Parks & Wildlife Code Sec. 47.078. EXPIRATION OF LICENSE. A license required by this subchapter is valid only during the period for which it is issued without regard to the date on which the license is acquired. Each period is one year beginning on September 1 or another date set by the commission.

  46. Tex. Parks & Wildlife Code Sec. 47.079. LICENSE TRANSFER.

  47. Tex. Parks & Wildlife Code Sec. 47.080. LICENSE SUSPENSION AND REVOCATION.

  48. Tex. Parks & Wildlife Code Sec. 47.081. LICENSE BUYBACK.

  49. Tex. Parks & Wildlife Code Sec. 47.082. LINE LIMITS.

  50. Tex. Parks & Wildlife Code Sec. 47.083. CRAB TRAPS.

  51. Tex. Parks & Wildlife Code Sec. 47.084. PROGRAM ADMINISTRATION; RULES.

  52. Tex. Parks & Wildlife Code Sec. 47.085. DISPOSITION OF FUNDS. Money received for a license issued under this subchapter and fines for violations of this subchapter shall be remitted to the department by the 10th day of the month following the date of collection.

  53. Tex. Parks & Wildlife Code Sec. 47.086. PROCLAMATION; PROCEDURES. Subchapter D, Chapter 61, and Sections 61.054 and 61.055 apply to the adoption of proclamations under this subchapter.

Chapter 49

  1. Tex. Parks & Wildlife Code Sec. 49.001. DEFINITIONS. In this chapter:

  2. Tex. Parks & Wildlife Code Sec. 49.002. PROHIBITED ACTS.

  3. Tex. Parks & Wildlife Code Sec. 49.003. RECIPROCITY. A person in possession of a raptor under a license issued by another state who intends to establish residency in this state must apply to the department for a falconry permit not later than the 10th day after the date the person first moves a raptor into this state. A signed and notarized affidavit stating the person's intent to establish residency in this state must accompany the application.

  4. Tex. Parks & Wildlife Code Sec. 49.010. HUNTING.

  5. Tex. Parks & Wildlife Code Sec. 49.011. TRANSFER OR SALE OF RAPTORS.

  6. Tex. Parks & Wildlife Code Sec. 49.012. PROPERTY OF STATE. All raptors captured, taken, or held in this state remain the property of the people of the state except as provided in this chapter.

  7. Tex. Parks & Wildlife Code Sec. 49.014. POWERS OF DEPARTMENT. The department may:

  8. Tex. Parks & Wildlife Code Sec. 49.015. RARE OR ENDANGERED SPECIES. The department shall insure that the taking and possessing for falconry purposes of raptors classified as rare or endangered by this state, the regulations of the department, or the United States Bureau of Sports, Fisheries, and Wildlife are restricted to competent and experienced individuals and to numbers consistent with good management practices and the current population status of the individual species or subspecies involved.

  9. Tex. Parks & Wildlife Code Sec. 49.017. PENALTIES. A person who violates a provision of this chapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

Chapter 50

  1. Tex. Parks & Wildlife Code Sec. 50.001. COMBINATION LICENSES AUTHORIZED.

  2. Tex. Parks & Wildlife Code Sec. 50.0011. DEFINITION. In this chapter, "resident" means:

  3. Tex. Parks & Wildlife Code Sec. 50.002. LICENSE FEES.

  4. Tex. Parks & Wildlife Code Sec. 50.0021. EXPIRATION OF LICENSES.

  5. Tex. Parks & Wildlife Code Sec. 50.003. OTHER LICENSES NOT REQUIRED. A resident who has acquired a combination hunting and fishing license is not required to obtain the hunting license required by Chapter 42 of this code or the fishing license required by Chapter 46 of this code.

  6. Tex. Parks & Wildlife Code Sec. 50.004. FORM; DUPLICATE LICENSE.

  7. Tex. Parks & Wildlife Code Sec. 50.005. HOLDER SHALL COMPLY WITH OTHER LAW. A holder of a combination hunting and fishing license shall comply with and is subject to the penalties in Chapters 42 and 46 of this code, unless those requirements or penalties conflict with this chapter.

Chapter 61

  1. Tex. Parks & Wildlife Code Sec. 61.001. TITLE. This chapter may be cited as the Wildlife Conservation Act of 1983.

  2. Tex. Parks & Wildlife Code Sec. 61.002. PURPOSE. The purpose of this chapter is to provide a comprehensive method for the conservation of an ample supply of wildlife resources on a statewide basis to insure reasonable and equitable enjoyment of the privileges of ownership and pursuit of wildlife resources. This chapter provides a flexible law to enable the commission to deal effectively with changing conditions to prevent depletion and waste of wildlife resources.

  3. Tex. Parks & Wildlife Code Sec. 61.003. APPLICABILITY OF CHAPTER. This chapter applies to every county, place, and wildlife resource in the state, except as otherwise provided by this code.

  4. Tex. Parks & Wildlife Code Sec. 61.005. DEFINITIONS. In this chapter:

  5. Tex. Parks & Wildlife Code Sec. 61.006. CRAYFISH. Except for Section 61.022 and Chapter 68 of this code, this chapter does not apply to crayfish, other than in public water.

  6. Tex. Parks & Wildlife Code Sec. 61.021. TAKING WILDLIFE RESOURCES PROHIBITED.

  7. Tex. Parks & Wildlife Code Sec. 61.022. TAKING WILDLIFE RESOURCES WITHOUT CONSENT OF LANDOWNER PROHIBITED.

  8. Tex. Parks & Wildlife Code Sec. 61.0221. DISPOSITION OF SEIZED PROPERTY.

  9. Tex. Parks & Wildlife Code Sec. 61.023. APPLYING CONTRACEPTIVES TO WILDLIFE RESOURCES. No person may intentionally apply contraceptives to any vertebrate wildlife resource unless the person first obtains written authorization from the department.

  10. Tex. Parks & Wildlife Code Sec. 61.051. DUTY TO INVESTIGATE AND STUDY CERTAIN WILDLIFE RESOURCES.

  11. Tex. Parks & Wildlife Code Sec. 61.052. GENERAL REGULATORY DUTY.

  12. Tex. Parks & Wildlife Code Sec. 61.053. OPEN SEASONS. The commission shall provide open seasons for the hunting, taking, or possession of game animals, game birds, or aquatic animal life if its investigations and findings of fact reveal that open seasons may be safely provided or if the threat of waste requires an open season to conserve game animals, game birds, or aquatic animal life.

  13. Tex. Parks & Wildlife Code Sec. 61.054. PROCLAMATIONS OF THE COMMISSION.

  14. Tex. Parks & Wildlife Code Sec. 61.055. AMENDMENTS AND REVOCATIONS.

  15. Tex. Parks & Wildlife Code Sec. 61.056. PROCLAMATIONS CONCERNING CERTAIN DEER AND ANTELOPE. A proclamation of the commission authorizing the taking of antlerless deer or antelope in this state is not effective for a specific tract of land unless the landowner or the landowner's agent agrees in writing to the number of antlerless deer or antelope permits authorized for the property.

  16. Tex. Parks & Wildlife Code Sec. 61.057. ANTLERLESS DEER AND ANTELOPE.

  17. Tex. Parks & Wildlife Code Sec. 61.058. YOUTH HUNTING AND FISHING.

  18. Tex. Parks & Wildlife Code Sec. 61.059. HUNTING OF CERTAIN MIGRATORY GAME BIRDS BY VETERANS AND ACTIVE DUTY ARMED FORCES MEMBERS.

  19. Tex. Parks & Wildlife Code Sec. 61.060. DEFENSE TO PROSECUTION: HUMANE DISPATCH OF CERTAIN GAME ANIMALS AND BIRDS.

  20. Tex. Parks & Wildlife Code Sec. 61.101. LOCAL HEARING ON PROCLAMATION.

  21. Tex. Parks & Wildlife Code Sec. 61.102. NOTICE ON LOCAL HEARING. Notice of the hearing must be given in a newspaper published in the county in which the hearing is to be held at least 10 days before the date of the hearing. If no newspaper is published in the county in which the hearing is to be held, the notice must be given in a newspaper published in an adjoining county and having wide circulation in the county in which the hearing is to be held.

  22. Tex. Parks & Wildlife Code Sec. 61.103. ADOPTION OF PROCLAMATIONS.

  23. Tex. Parks & Wildlife Code Sec. 61.104. EFFECTIVE DATE AND DURATION OF PROCLAMATIONS.

  24. Tex. Parks & Wildlife Code Sec. 61.106. JUDICIAL REVIEW OF PROCLAMATION.

  25. Tex. Parks & Wildlife Code Sec. 61.201. LIVINGSTON DAM FISHING PLATFORM.

  26. Tex. Parks & Wildlife Code Sec. 61.204. BIGHORN SHEEP COOPERATIVE AGREEMENTS. The department may enter into cooperative agreements with landowners for the purpose of restoring, protecting, and managing bighorn sheep. A cooperative agreement may provide that any person holding a valid bighorn sheep hunting permit may hunt on land owned by the landowner and covered by the cooperative agreement.

  27. Tex. Parks & Wildlife Code Sec. 61.205. BIGHORN SHEEP HUNTING PERMITS.

  28. Tex. Parks & Wildlife Code Sec. 61.206. BIGHORN SHEEP IDENTIFICATION. A person may not possess a mounted or unmounted head of a bighorn sheep taken in this state unless identification items and tags are attached as prescribed by the commission. The commission may establish fees for tags or other identification items issued under this section.

  29. Tex. Parks & Wildlife Code Sec. 61.901. PENALTIES.

  30. Tex. Parks & Wildlife Code Sec. 61.902. DISMISSAL OF CERTAIN CHARGES RELATED TO PROHIBITED HUNTING ON COMPLETION OF HUNTER EDUCATION COURSE.

Chapter 62

  1. Tex. Parks & Wildlife Code Sec. 62.001. DEFINITIONS. For the purpose of enforcement of the game laws of this state:

  2. Tex. Parks & Wildlife Code Sec. 62.002. COMPUTER-ASSISTED REMOTE HUNTING.

  3. Tex. Parks & Wildlife Code Sec. 62.003. HUNTING FROM VEHICLES.

  4. Tex. Parks & Wildlife Code Sec. 62.0031. HUNTING FROM PUBLIC ROAD OR RIGHT-OF-WAY PROHIBITED.

  5. Tex. Parks & Wildlife Code Sec. 62.004. HUNTING AT NIGHT. No person may hunt any wild bird, wild game bird, wild fowl, or wild game animal protected by this code at any season of the year between one-half hour after sunset and one-half hour before sunrise.

  6. Tex. Parks & Wildlife Code Sec. 62.005. HUNTING WITH LIGHT. Except as provided by Section 62.0055 or 62.0056, no person may hunt a game animal or bird protected by this code with the aid of an artificial light that casts or reflects a beam of light onto or otherwise illuminates the game animal or bird, including the headlights of a motor vehicle.

  7. Tex. Parks & Wildlife Code Sec. 62.0055. HUNTING WITH LASER SIGHTING DEVICE BY LEGALLY BLIND HUNTER.

  8. Tex. Parks & Wildlife Code Sec. 62.0056. HUNTING WITH LASER SIGHTING DEVICE BY HUNTERS WITH CERTAIN DISABILITIES.

  9. Tex. Parks & Wildlife Code Sec. 62.006. HUNTING FOR HIRE.

  10. Tex. Parks & Wildlife Code Sec. 62.0061. HUNTING ON OR OVER CERTAIN SUBMERGED LAND.

  11. Tex. Parks & Wildlife Code Sec. 62.0065. HUNTING DEER WITH DOGS.

  12. Tex. Parks & Wildlife Code Sec. 62.007. STOPPING FOR SEARCH.

  13. Tex. Parks & Wildlife Code Sec. 62.008. PRIMA FACIE EVIDENCE. Except as provided in Subchapter B of this chapter, possession of a wild game bird, wild game animal, or other species of protected wildlife, whether dead or alive, during a time when the hunting of the animal, bird, or species is prohibited is prima facie evidence of the guilt of the person in possession.

  14. Tex. Parks & Wildlife Code Sec. 62.009. PURCHASE FOR EVIDENCE. A person who, for the purpose of establishing testimony, purchases a game bird or animal whose sale is prohibited by this code, is immune from prosecution for the purchase. A conviction for the unlawful sale of game may be sustained on the uncorroborated testimony of the purchaser.

  15. Tex. Parks & Wildlife Code Sec. 62.010. EXCEEDING BAG LIMITS, HUNTING DURING CLOSED SEASON, ETC.; PENALTY.

  16. Tex. Parks & Wildlife Code Sec. 62.011. RETRIEVAL AND WASTE OF GAME.

  17. Tex. Parks & Wildlife Code Sec. 62.012. WRITTEN CONSENT TO HUNT OR TARGET SHOOT REQUIRED.

  18. Tex. Parks & Wildlife Code Sec. 62.0121. DISCHARGE OF FIREARM ACROSS PROPERTY LINE.

  19. Tex. Parks & Wildlife Code Sec. 62.0125. HARASSMENT OF HUNTERS, TRAPPERS, AND FISHERMEN.

  20. Tex. Parks & Wildlife Code Sec. 62.013. PENALTIES.

  21. Tex. Parks & Wildlife Code Sec. 62.014. HUNTER EDUCATION PROGRAM.

  22. Tex. Parks & Wildlife Code Sec. 62.015. HUNTING AND POSSESSION OF EXOTIC ANIMALS.

  23. Tex. Parks & Wildlife Code Sec. 62.016. COMPETITIVE HUNTING DOG EVENTS. The department may permit a person to hold or participate in a competitive hunting dog field trial, in an area controlled by the department and designated by the commission as a public hunting area if:

  24. Tex. Parks & Wildlife Code Sec. 62.017. DISPOSITION OF SEIZED PROPERTY.

  25. Tex. Parks & Wildlife Code Sec. 62.021. SALE OR PURCHASE OF CERTAIN GAME.

  26. Tex. Parks & Wildlife Code Sec. 62.023. SALE BY TAXIDERMIST.

  27. Tex. Parks & Wildlife Code Sec. 62.024. IMPORTATION OF GAME. No person may bring into this state any bird or animal protected by this code during the closed season for that bird or animal except as provided by this code.

  28. Tex. Parks & Wildlife Code Sec. 62.025. IMPORTATION OF GAME. No person may bring into this state a bird or animal protected by this code for sale, barter, exchange, or shipment for sale during the open season for that bird or animal except as provided in Section 62.026 of this code.

  29. Tex. Parks & Wildlife Code Sec. 62.026. IMPORTATION OF PROTECTED WILDLIFE FROM MEXICO.

  30. Tex. Parks & Wildlife Code Sec. 62.0265. TRANSPORTATION OF WILD ANIMALS AND BIRDS.

  31. Tex. Parks & Wildlife Code Sec. 62.029. RECORDS OF GAME IN COLD STORAGE OR PROCESSING FACILITY.

  32. Tex. Parks & Wildlife Code Sec. 62.030. POSSESSION OF GAME IN COLD STORAGE OR PROCESSING FACILITY. A person may place and maintain, or possess, in a cold storage or processing facility lawfully killed game birds and game animals not in excess of the number permitted to be possessed by law.

  33. Tex. Parks & Wildlife Code Sec. 62.031. INSPECTIONS OF FACILITIES.

  34. Tex. Parks & Wildlife Code Sec. 62.032. PENALTIES.

  35. Tex. Parks & Wildlife Code Sec. 62.061. PROHIBITED ACTS. Except as authorized by the commission under this subchapter, no person may hunt a wild animal, wild bird, or wild fowl in a state park, fort, or historic site under the jurisdiction of the department.

  36. Tex. Parks & Wildlife Code Sec. 62.062. SEASON.

  37. Tex. Parks & Wildlife Code Sec. 62.063. REGULATORY AUTHORITY. The commission may prescribe the number, size, kind, and sex and the means and methods of taking any wildlife during an open season in a state park, fort, or historic site.

  38. Tex. Parks & Wildlife Code Sec. 62.0631. SEA RIM STATE PARK.

  39. Tex. Parks & Wildlife Code Sec. 62.066. MANAGEMENT OF RESOURCES. The commission may direct the service or division of the department charged with the management of wildlife resources to manage the aquatic and wildlife resources found in state parks, forts, or historic sites.

  40. Tex. Parks & Wildlife Code Sec. 62.067. GENERAL HUNTING LICENSE. The provisions of this subchapter do not waive the requirement of a hunting license under this code.

  41. Tex. Parks & Wildlife Code Sec. 62.068. ARREST. A peace officer, game warden, or commissioned state park employee may arrest without warrant a person found committing a violation of this subchapter.

  42. Tex. Parks & Wildlife Code Sec. 62.069. PENALTY. A person who violates a provision of this subchapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

  43. Tex. Parks & Wildlife Code Sec. 62.081. WEAPONS PROHIBITED. Except as provided in Section 62.082 of this code, no person may hunt with, possess, or shoot a firearm, bow, crossbow, slingshot, or any other weapon on or across the land of the Lower Colorado River Authority.

  44. Tex. Parks & Wildlife Code Sec. 62.082. TARGET RANGES, MANAGED HUNTS, AND OTHER EXCEPTIONS; RULES.

  45. Tex. Parks & Wildlife Code Sec. 62.083. APPROVED INSTRUCTOR AND RANGE RECORDS. The Lower Colorado River Authority shall maintain in its Austin office a current listing of approved and registered instructors and a map indicating the location of the designated ranges. The records shall be made available on request to enforcement officers and county attorneys.

  46. Tex. Parks & Wildlife Code Sec. 62.084. PENALTY. A person who violates Section 62.081 of this code commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

  47. Tex. Parks & Wildlife Code Sec. 62.101. DEFINITIONS. In this subchapter:

  48. Tex. Parks & Wildlife Code Sec. 62.102. CONTROLLED KILLING OF OR ATTEMPTING TO INJURE DANGEROUS WILD ANIMAL PROHIBITED. No person may:

  49. Tex. Parks & Wildlife Code Sec. 62.103. UNLAWFUL CONTROLLED KILLING; CERTAIN COMMERCIAL ACTIVITY PROHIBITED. No person may:

  50. Tex. Parks & Wildlife Code Sec. 62.104. SEIZURE OF DANGEROUS WILD ANIMAL OR CARCASS, HIDE, PART OR PRODUCT.

  51. Tex. Parks & Wildlife Code Sec. 62.105. AUTHORITY OF LOCAL GOVERNMENT. This subchapter does not restrict the authority of a local government to regulate the possession of a dangerous wild animal if the regulation does not conflict with this subchapter.

  52. Tex. Parks & Wildlife Code Sec. 62.106. EXCEPTIONS.

  53. Tex. Parks & Wildlife Code Sec. 62.107. CRIMINAL PENALTY. A person who violates this subchapter commits an offense that is a Class A Parks and Wildlife Code misdemeanor, unless it is shown at the trial of the defendant for a violation of this subchapter that the defendant has been convicted one or more times before the trial date of a violation of this subchapter, in which case the offense is a Parks and Wildlife Code felony.

Chapter 63

  1. Tex. Parks & Wildlife Code Sec. 63.001. GAME ANIMALS.

  2. Tex. Parks & Wildlife Code Sec. 63.002. POSSESSION OF LIVE GAME ANIMALS. No person may possess a live game animal in this state for any purpose not authorized by this code.

  3. Tex. Parks & Wildlife Code Sec. 63.101. PROTECTION OF BATS.

  4. Tex. Parks & Wildlife Code Sec. 63.102. WOLVES.

  5. Tex. Parks & Wildlife Code Sec. 63.103. SALE OF CERTAIN LIVE ANIMALS.

  6. Tex. Parks & Wildlife Code Sec. 63.104. PENALTIES.

Chapter 64

  1. Tex. Parks & Wildlife Code Sec. 64.001. GAME BIRDS. Wild turkey, wild ducks of all varieties, wild geese of all varieties, wild brant, wild grouse, wild prairie chickens, wild pheasants of all varieties, wild partridge, wild bobwhite quail, wild scaled quail, wild Mearn's quail, wild Gambel's quail, wild red-billed pigeons, wild band-tailed pigeons, wild mourning doves, wild white-winged doves, wild white-fronted doves, wild snipe of all varieties, wild shore birds of all varieties, chachalacas, wild plover of all varieties, and wild sandhill cranes are game birds.

  2. Tex. Parks & Wildlife Code Sec. 64.002. PROTECTION OF NONGAME BIRDS.

  3. Tex. Parks & Wildlife Code Sec. 64.003. DESTROYING NESTS OR EGGS. No person may destroy or take the nest, eggs, or young of any wild game bird, wild bird, or wild fowl protected by this code except as provided in this code.

  4. Tex. Parks & Wildlife Code Sec. 64.004. TRAPPING GAME BIRDS. No person may set a trap, net, or other device for taking game birds or take or snare a game bird by a device without obtaining a permit from the department.

  5. Tex. Parks & Wildlife Code Sec. 64.005. PENALTY. A person who violates a provision of this subchapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

  6. Tex. Parks & Wildlife Code Sec. 64.006. RELEASE OF TURKEYS.

  7. Tex. Parks & Wildlife Code Sec. 64.007. POSSESSION OF LIVE GAME BIRDS. No person may possess a live game bird in this state except as authorized by this code.

  8. Tex. Parks & Wildlife Code Sec. 64.011. EAGLE. No person may hunt, trap, or kill a golden eagle or Mexican brown eagle without first having obtained a permit from the department as provided by Subchapter H, Chapter 43, of this code.

  9. Tex. Parks & Wildlife Code Sec. 64.021. DEFINITIONS. In this subchapter:

  10. Tex. Parks & Wildlife Code Sec. 64.022. AUTHORITY OF COMMISSION. The commission shall provide the open season and means, methods, and devices for the hunting and possessing of migratory game birds and may delegate that authority to the executive director.

  11. Tex. Parks & Wildlife Code Sec. 64.023. OPEN SEASON. An open season may be provided only for the length of time justified by the supply of the species of migratory game bird affected in this state or in the zone or section of this state where the open season applies.

  12. Tex. Parks & Wildlife Code Sec. 64.024. REGULATIONS.

  13. Tex. Parks & Wildlife Code Sec. 64.025. SUIT. A party affected by and dissatisfied with a regulation issued under this subchapter may file suit against the department to test the validity of the regulation in a court of competent jurisdiction in Travis County.

  14. Tex. Parks & Wildlife Code Sec. 64.026. PROHIBITED ACTS. No person may hunt or possess a migratory game bird by any means or method except as provided by regulation issued under this code.

  15. Tex. Parks & Wildlife Code Sec. 64.027. PENALTY. A person who violates a provision of this subchapter or a regulation of the department adopted under this subchapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

Chapter 65

  1. Tex. Parks & Wildlife Code Sec. 65.001. DEFINITIONS. In this chapter:

  2. Tex. Parks & Wildlife Code Sec. 65.002. APPLICATION. Except for regulation of those populations listed on the United States List of Endangered Wildlife (50 C.F.R. Part 17), special permits issued under Chapter 43 of this code, revocation or suspension of licenses or permits under Subchapter F, Chapter 12, of this code, or contracts for the removal of reptiles entered into under Section 81.404 of this code, this chapter governs the taking, possession, and sale of alligators to the exclusion of other regulatory and licensing laws.

  3. Tex. Parks & Wildlife Code Sec. 65.003. REGULATIONS.

  4. Tex. Parks & Wildlife Code Sec. 65.004. SCIENTIFIC STUDIES. The department shall conduct scientific studies and investigations of alligators as necessary to develop information on populations, distributions, habitat needs, limiting factors, and any other biological or ecological data or to determine appropriate management for public safety.

  5. Tex. Parks & Wildlife Code Sec. 65.005. POSSESSION. No person may take, sell, purchase, or possess an alligator, an alligator egg, or any part of an alligator in this state except as permitted by the regulations of the commission.

  6. Tex. Parks & Wildlife Code Sec. 65.006. PERMIT REQUIRED. No person for any purpose may possess, purchase, or possess after purchase an alligator, an alligator hide, an alligator egg, or any part of an alligator taken in this state unless:

  7. Tex. Parks & Wildlife Code Sec. 65.0071. EXPIRATION OF LICENSES. A license issued under this chapter is valid only during the yearly period for which the license is issued without regard to the date on which the license is acquired. Each yearly period begins on September 1 or another date set by the commission and extends through August 31 of the next year or another date set by the commission. The commission by rule may set the amount of a license fee for a license issued during a transition period at an amount lower than prescribed in this chapter and provide for a license term for a transition period that is shorter or longer than a year.

  8. Tex. Parks & Wildlife Code Sec. 65.008. PENALTIES.

  9. Tex. Parks & Wildlife Code Sec. 65.009. SEIZURE AND DISPOSAL OF ALLIGATORS.

Chapter 66

  1. Tex. Parks & Wildlife Code Sec. 66.001. DEFINITIONS. In this chapter:

  2. Tex. Parks & Wildlife Code Sec. 66.002. CONSENT TO TAKE FISH FROM PRIVATE WATER.

  3. Tex. Parks & Wildlife Code Sec. 66.003. PLACING EXPLOSIVES OR HARMFUL SUBSTANCES IN WATER.

  4. Tex. Parks & Wildlife Code Sec. 66.004. TAKING OF FISH BY ELECTRIC SHOCK PROHIBITED; EXCEPTION.

  5. Tex. Parks & Wildlife Code Sec. 66.005. WILFUL DESTRUCTION OF BOAT, SEINE, OR NET. No person may wilfully, with the intent to injure the owner, take a boat, seine, net, or other device for fishing into prohibited water, or use a boat, seine, net, or other device for fishing to take fish unlawfully, so as to cause the destruction of the boat, seine, net, or device.

  6. Tex. Parks & Wildlife Code Sec. 66.006. POSSESSION OF ILLEGAL FISHING DEVICES.

  7. Tex. Parks & Wildlife Code Sec. 66.007. EXOTIC HARMFUL OR POTENTIALLY HARMFUL FISH AND SHELLFISH.

  8. Tex. Parks & Wildlife Code Sec. 66.0071. REMOVAL OF HARMFUL AQUATIC PLANTS. On leaving any public or private body of water in this state, a person shall immediately remove and lawfully dispose of any exotic aquatic plant on the list of prohibited plants adopted under Section 66.0072 that is clinging or attached to the person's:

  9. Tex. Parks & Wildlife Code Sec. 66.0072. EXOTIC HARMFUL OR POTENTIALLY HARMFUL AQUATIC PLANTS.

  10. Tex. Parks & Wildlife Code Sec. 66.0073. RULES REQUIRING WATER TO BE DRAINED.

  11. Tex. Parks & Wildlife Code Sec. 66.008. FISHING FROM BRIDGE.

  12. Tex. Parks & Wildlife Code Sec. 66.009. NAVIGATION DISTRICTS.

  13. Tex. Parks & Wildlife Code Sec. 66.0091. FISHING IN CERTAIN MAN-MADE WATERWAYS.

  14. Tex. Parks & Wildlife Code Sec. 66.011. LEAVING FISH TO DIE. A person commits an offense if the person leaves edible fish or bait fish taken from the public waters of this state to die without the intent to retain the fish for consumption or bait.

  15. Tex. Parks & Wildlife Code Sec. 66.012. PENALTIES.

  16. Tex. Parks & Wildlife Code Sec. 66.013. FEDERAL GRANTS. Federal grants for research and development of commercial fisheries may be used for individual fishery projects with the approval of the department.

  17. Tex. Parks & Wildlife Code Sec. 66.014. IDENTIFICATION OF VEHICLE TRANSPORTING AQUATIC PRODUCTS.

  18. Tex. Parks & Wildlife Code Sec. 66.015. INTRODUCTION OF FISH, SHELLFISH, AND AQUATIC PLANTS.

  19. Tex. Parks & Wildlife Code Sec. 66.016. COMMERCIAL FISHING REGULATIONS APPLICABLE IF COMMERCIAL PLATES ON BOARD.

  20. Tex. Parks & Wildlife Code Sec. 66.017. LICENSE, TAG, AND PERMIT EXPIRATIONS AND TRANSFERS.

  21. Tex. Parks & Wildlife Code Sec. 66.018. CRAB TRAP TAGS.

  22. Tex. Parks & Wildlife Code Sec. 66.019. STATISTICAL REPORTS.

  23. Tex. Parks & Wildlife Code Sec. 66.020. SALE AND PURCHASE OF PROTECTED FISH.

  24. Tex. Parks & Wildlife Code Sec. 66.021. PROTECTED FISH: DISPLAY OF DOCUMENTS.

  25. Tex. Parks & Wildlife Code Sec. 66.022. PURCHASE FOR EVIDENCE. A person authorized by the department who, for the purpose of establishing testimony, purchases or sells any aquatic life the purchase or sale of which is prohibited or regulated by this code is immune from prosecution for the purchases or sales. A conviction for the unlawful purchase or sale of any aquatic animal may be sustained on the uncorroborated testimony of the person authorized by the department to purchase or sell aquatic life.

  26. Tex. Parks & Wildlife Code Sec. 66.023. FRAUD IN FISHING TOURNAMENTS.

  27. Tex. Parks & Wildlife Code Sec. 66.024. SEAGRASS PLANTS.

  28. Tex. Parks & Wildlife Code Sec. 66.102. PLACING PROHIBITED DEVICES IN PUBLIC WATER. A device designed to catch fish or other aquatic wildlife resources that is placed in the public fresh water of this state in violation of a law or commission proclamation is a nuisance, and a game warden or other peace officer shall confiscate and dispose of the device as provided by Section 12.1104 or 12.1105, as applicable. A game warden or other peace officer is immune from liability for the destruction of devices found in violation of this section.

  29. Tex. Parks & Wildlife Code Sec. 66.109. FISH LADDERS.

  30. Tex. Parks & Wildlife Code Sec. 66.110. SCREENS TO PROTECT FISH.

  31. Tex. Parks & Wildlife Code Sec. 66.111. SALE AND PURCHASE OF CERTAIN FISH.

  32. Tex. Parks & Wildlife Code Sec. 66.114. GAME AND NONGAME FISH DEFINED: COMMISSION PROCLAMATION. The commission by proclamation shall define game and nongame fish.

  33. Tex. Parks & Wildlife Code Sec. 66.115. HANDFISHING.

  34. Tex. Parks & Wildlife Code Sec. 66.121. PENALTY. A person who violates Section 66.109, 66.110, 66.111, or 66.117(b) of this code or a regulation adopted under Section 66.115 of this code commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

  35. Tex. Parks & Wildlife Code Sec. 66.2011. RED DRUM AND SPECKLED SEA TROUT: PENALTIES. In addition to the penalty provided in Section 66.218, a person who violates a proclamation issued under Chapter 61 shall have all equipment, other than vessels, in the person's possession used for the taking of red drum or speckled sea trout confiscated. A person who violates a proclamation issued under Chapter 61 three or more times within a five-year period shall have all equipment, including vessels, in the person's possession used for the taking of redfish or speckled sea trout confiscated.

  36. Tex. Parks & Wildlife Code Sec. 66.2012. REGULATION OF COMMERCIAL USES OF REDFISH AND SPECKLED SEA TROUT.

  37. Tex. Parks & Wildlife Code Sec. 66.204. VESSELS AND OBSTRUCTIONS IN FISH PASSES.

  38. Tex. Parks & Wildlife Code Sec. 66.206. TROTLINE TAGS.

  39. Tex. Parks & Wildlife Code Sec. 66.208. COMMERCIAL JOINT FISHING VENTURES.

  40. Tex. Parks & Wildlife Code Sec. 66.215. TAGS FOR NONCOMMERCIAL NETS AND SEINES.

  41. Tex. Parks & Wildlife Code Sec. 66.216. POSSESSION OF HEADED OR TAILED FISH.

  42. Tex. Parks & Wildlife Code Sec. 66.2161. SALE OR PURCHASE OF SHARK FINS OR SHARK FIN PRODUCTS; OFFENSE.

  43. Tex. Parks & Wildlife Code Sec. 66.217. FINFISH RESEARCH.

  44. Tex. Parks & Wildlife Code Sec. 66.218. PENALTIES.

  45. Tex. Parks & Wildlife Code Sec. 66.301. DEFINITION. In this subchapter, "coastal water" means all of the salt water of this state, including that portion of the Gulf of Mexico within the jurisdiction of this state.

  46. Tex. Parks & Wildlife Code Sec. 66.303. PROHIBITED ACTS. No unlicensed alien vessel may take or attempt to take by any means or possess any natural resource of the coastal water of this state.

  47. Tex. Parks & Wildlife Code Sec. 66.304. PORT AUTHORITIES AND NAVIGATION DISTRICTS. It is the duty of the port authorities and navigation districts of this state to prevent the use of any port facility in a manner that they reasonably suspect may assist in the violation of this subchapter. They shall use all reasonable means, including the inspection of nautical logs, to ascertain from masters of newly arrived vessels of all types, other than warships of the United States, the presence of alien commercial fishing vessels within the coastal water of this state and shall promptly transmit the information to the department and to law enforcement agencies of this state as the situation may indicate. They shall request assistance from the United States Coast Guard in appropriate cases to prevent unauthorized departure from any port facility.

  48. Tex. Parks & Wildlife Code Sec. 66.305. HARBOR PILOTS. All harbor pilots shall promptly transmit any knowledge coming to their attention regarding possible violations of this subchapter to the appropriate navigation district or port authority or the appropriate law enforcement officials.

  49. Tex. Parks & Wildlife Code Sec. 66.306. ENFORCEMENT. All law enforcement agencies of the state, including agents of the department, are empowered and directed to arrest the masters and crews of vessels that are reasonably believed to be in violation of this chapter and to seize and detain the vessels and their equipment and catch. The arresting officer shall take the offending crews or property before the court having jurisdiction of the offense. The agencies are directed to request assistance from the United States Coast Guard in the enforcement of this Act when the agencies are without means to effectuate arrest and restraint of vessels and their crews operating in violation or probable violation of this subchapter.

  50. Tex. Parks & Wildlife Code Sec. 66.307. POLITICAL ASYLUM. No crew member or master seeking bona fide political asylum shall be fined or imprisoned under this subchapter.

  51. Tex. Parks & Wildlife Code Sec. 66.308. PENALTY. A captain, master, or owner of an unlicensed alien vessel or boat who violates Section 66.303 of this code commits an offense that is a Class B Parks and Wildlife Code misdemeanor.

Chapter 67

  1. Tex. Parks & Wildlife Code Sec. 67.001. DEFINITION. In this chapter, "nongame" means those species of vertebrate and invertebrate wildlife indigenous to Texas that are not classified as game animals, game birds, game fish, fur-bearing animals, endangered species, alligators, marine penaeid shrimp, or oysters.

  2. Tex. Parks & Wildlife Code Sec. 67.0011. EXEMPTION OF CRAYFISH. This chapter does not apply to crayfish, other than in public water.

  3. Tex. Parks & Wildlife Code Sec. 67.002. MANAGEMENT OF NONGAME SPECIES.

  4. Tex. Parks & Wildlife Code Sec. 67.003. CONTINUING SCIENTIFIC INVESTIGATIONS. The department shall conduct ongoing investigations of nongame fish and wildlife to develop information on populations, distribution, habitat needs, limiting factors, and any other biological or ecological data to determine appropriate management and regulatory information.

  5. Tex. Parks & Wildlife Code Sec. 67.004. ISSUANCE OF REGULATIONS.

  6. Tex. Parks & Wildlife Code Sec. 67.0041. REGULATIONS AND PERMITS.

  7. Tex. Parks & Wildlife Code Sec. 67.005. PENALTY.

Chapter 68

  1. Tex. Parks & Wildlife Code Sec. 68.001. DEFINITIONS. In this chapter:

  2. Tex. Parks & Wildlife Code Sec. 68.002. ENDANGERED SPECIES. Species of fish or wildlife indigenous to Texas are endangered if listed on:

  3. Tex. Parks & Wildlife Code Sec. 68.003. STATEWIDE EXTINCTION LIST.

  4. Tex. Parks & Wildlife Code Sec. 68.004. AMENDMENTS TO LIST BY DIRECTOR.

  5. Tex. Parks & Wildlife Code Sec. 68.005. PETITION OF RECLASSIFICATION.

  6. Tex. Parks & Wildlife Code Sec. 68.006. PERMIT FOR TAKING ENDANGERED SPECIES. The provisions of Subchapter C, Chapter 43, of this code are applicable to all fish or wildlife classified as endangered, and it is a violation of this chapter to possess, take, or transport endangered fish or wildlife for zoological gardens or scientific purposes or to take or transport endangered fish or wildlife from their natural habitat for propagation for commercial purposes without the permit required by Section 43.022 of this code.

  7. Tex. Parks & Wildlife Code Sec. 68.007. PROPAGATION PERMIT REQUIRED. No person may possess endangered fish or wildlife for the purpose of propagating them for sale unless he has first acquired a commercial propagation permit issued by the department under this chapter.

  8. Tex. Parks & Wildlife Code Sec. 68.008. ORIGINAL PROPAGATION PERMIT.

  9. Tex. Parks & Wildlife Code Sec. 68.009. RENEWAL PROPAGATION PERMIT.

  10. Tex. Parks & Wildlife Code Sec. 68.010. REPORTS BY PERMITTEE. A person holding a commercial propagation permit shall send to the department annually:

  11. Tex. Parks & Wildlife Code Sec. 68.011. REFUSAL OR CANCELLATION OF PERMIT.

  12. Tex. Parks & Wildlife Code Sec. 68.012. APPEAL.

  13. Tex. Parks & Wildlife Code Sec. 68.013. DISPOSITION OF FISH OR WILDLIFE. A person who ceases to hold a commercial propagation permit under this chapter shall dispose of endangered fish or wildlife held after the expiration or cancellation of the permit in the manner required by the department.

  14. Tex. Parks & Wildlife Code Sec. 68.014. REGULATIONS. The department shall make regulations necessary to administer the provisions of this chapter and to attain its objectives, including regulations to govern:

  15. Tex. Parks & Wildlife Code Sec. 68.015. PROHIBITED ACTS.

  16. Tex. Parks & Wildlife Code Sec. 68.016. SOLD SPECIES TO BE TAGGED. No person may sell endangered fish or wildlife or goods made from endangered fish or wildlife unless the fish or wildlife or goods are tagged or labeled in a manner to indicate compliance with Section 68.015(a) and

  17. Tex. Parks & Wildlife Code Sec. 68.017. SEIZURE OF FISH OR WILDLIFE.

  18. Tex. Parks & Wildlife Code Sec. 68.018. DISPOSITION OF FUNDS; APPROPRIATIONS. All revenue received under this chapter shall be deposited in the state treasury to the credit of the special nongame and endangered species conservation account.

  19. Tex. Parks & Wildlife Code Sec. 68.019. APPLICABILITY OF CHAPTER. All species and subspecies of wildlife classified as endangered are governed by this chapter to the exclusion of other regulatory and licensing laws.

  20. Tex. Parks & Wildlife Code Sec. 68.020. EXCEPTIONS.

  21. Tex. Parks & Wildlife Code Sec. 68.021. PENALTY.

Chapter 71

  1. Tex. Parks & Wildlife Code Sec. 71.001. DEFINITIONS. In this subtitle:

  2. Tex. Parks & Wildlife Code Sec. 71.0011. APPLICATION. This chapter applies to fur-bearing animals in each county except those populations on the state's list of endangered fish and wildlife.

  3. Tex. Parks & Wildlife Code Sec. 71.002. PROCLAMATIONS.

  4. Tex. Parks & Wildlife Code Sec. 71.003. SCIENTIFIC STUDIES AND INVESTIGATIONS. The department shall conduct scientific studies and investigations of fur-bearing animals as necessary to develop information on populations, distribution, habitat needs, and limiting factors, to acquire any other biological or ecological data, and to determine appropriate management policies for public safety.

  5. Tex. Parks & Wildlife Code Sec. 71.004. PROHIBITED ACTS.

  6. Tex. Parks & Wildlife Code Sec. 71.005. LICENSES REQUIRED.

  7. Tex. Parks & Wildlife Code Sec. 71.006. PURCHASES BY RETAIL FUR BUYER. No retail fur buyer may purchase in this state a pelt or carcass except from a licensed trapper.

  8. Tex. Parks & Wildlife Code Sec. 71.007. PURCHASES BY WHOLESALE FUR DEALER. No wholesale fur dealer may purchase in this state a pelt or carcass except from a licensed trapper, a licensed retail fur buyer, a fur-bearing animal propagator, or another licensed wholesale fur dealer.

  9. Tex. Parks & Wildlife Code Sec. 71.008. ISSUANCE OF LICENSES. The licenses authorized by this chapter shall be of a form prescribed and issued by the department, or an authorized agent of the department, to applicants on the payment of the license fees.

  10. Tex. Parks & Wildlife Code Sec. 71.009. LICENSE FEES. The fee for a license authorized by this chapter is in the following amount or an amount set by the commission, whichever amount is more:

  11. Tex. Parks & Wildlife Code Sec. 71.010. LICENSE PERIOD. The license period for licenses issued under this chapter is September 1 or another date set by the commission through August 31 of the next year or another date set by the commission, and a license is current and valid only for the license period for which it is issued. The commission by rule may set the amount of a license fee for a license issued during a transition period at an amount lower than prescribed in this chapter and provide for a license term for a transition period that is shorter or longer than a year.

  12. Tex. Parks & Wildlife Code Sec. 71.011. POSSESSION AND DISPLAY OF LICENSES.

  13. Tex. Parks & Wildlife Code Sec. 71.012. INSPECTIONS. The place of business of any fur-bearing animal propagator, wholesale fur dealer, or retail fur buyer and any vehicle being used by a fur-bearing animal propagator, wholesale fur dealer, or retail fur buyer for the collection or transportation of fur-bearing animals, carcasses, or pelts are subject to inspection without a warrant by a game warden or any other peace officer at any time.

  14. Tex. Parks & Wildlife Code Sec. 71.014. REPORTS. The holder of a wholesale fur dealer's, retail fur buyer's, or fur-bearing animal propagation license shall submit reports to the department as required by proclamation of the commission.

  15. Tex. Parks & Wildlife Code Sec. 71.015. PENALTIES.

Chapter 75

  1. Tex. Parks & Wildlife Code Sec. 75.0101. DEFINITIONS. In this chapter:

  2. Tex. Parks & Wildlife Code Sec. 75.0102. APPLICABILITY; CONFLICT OF LAWS.

  3. Tex. Parks & Wildlife Code Sec. 75.0103. CULTIVATED OYSTER MARICULTURE PROGRAM.

  4. Tex. Parks & Wildlife Code Sec. 75.0104. CULTIVATED OYSTER MARICULTURE PERMIT REQUIRED.

  5. Tex. Parks & Wildlife Code Sec. 75.01045. PLACEMENT OF CULTIVATED OYSTERS IN CERTAIN LOCATIONS WITH DEPARTMENT APPROVAL.

  6. Tex. Parks & Wildlife Code Sec. 75.0105. DEPOSIT AND USE OF FEES; CULTIVATED OYSTER MARICULTURE CLEANUP SUBACCOUNT.

  7. Tex. Parks & Wildlife Code Sec. 75.0106. PROHIBITED ACTIONS.

  8. Tex. Parks & Wildlife Code Sec. 75.0107. PENALTIES.

  9. Tex. Parks & Wildlife Code Sec. 75.0108. COMMERCIAL OYSTER MARICULTURE ADVISORY BOARD.

Chapter 76

  1. Tex. Parks & Wildlife Code Sec. 76.001. DEFINITIONS. In this chapter:

  2. Tex. Parks & Wildlife Code Sec. 76.002. DESIGNATION OF PUBLIC AND PRIVATE BEDS.

  3. Tex. Parks & Wildlife Code Sec. 76.003. BEDS SUBJECT TO LOCATION.

  4. Tex. Parks & Wildlife Code Sec. 76.004. RIPARIAN RIGHTS.

  5. Tex. Parks & Wildlife Code Sec. 76.005. AFFIDAVIT OF RIPARIAN RIGHTS.

  6. Tex. Parks & Wildlife Code Sec. 76.006. APPLICATION FOR LOCATION; FEE.

  7. Tex. Parks & Wildlife Code Sec. 76.007. MAXIMUM ACREAGE UNDER LOCATION.

  8. Tex. Parks & Wildlife Code Sec. 76.008. LEASE OR CONTROL BY FOREIGN CORPORATION PROHIBITED. No corporation other than those incorporated under the laws of this state may lease or control land under a certificate of location.

  9. Tex. Parks & Wildlife Code Sec. 76.009. EXAMINATION AND SURVEY OF LOCATION.

  10. Tex. Parks & Wildlife Code Sec. 76.012. LOCATOR'S CERTIFICATE.

  11. Tex. Parks & Wildlife Code Sec. 76.015. RIGHTS OF LOCATOR.

  12. Tex. Parks & Wildlife Code Sec. 76.017. LOCATION RENTAL FEES.

  13. Tex. Parks & Wildlife Code Sec. 76.018. LOCATION RENTAL TERM; RENEWAL; AUCTION.

  14. Tex. Parks & Wildlife Code Sec. 76.019. PROCEDURES FOR SALE OR TRANSFER OF LOCATION RENTAL. The commission shall determine procedures for reissuance of a lease when the lease is sold or otherwise transferred. The procedures must include:

  15. Tex. Parks & Wildlife Code Sec. 76.020. OYSTER SHELL RECOVERY AND REPLACEMENT PROGRAM.

  16. Tex. Parks & Wildlife Code Sec. 76.0205. SUSTAINABILITY OF OYSTER INDUSTRY.

  17. Tex. Parks & Wildlife Code Sec. 76.021. OYSTER SHELL RECOVERY AND REPLACEMENT PROGRAM ACCOUNT; FEE.

  18. Tex. Parks & Wildlife Code Sec. 76.022. CERTIFICATES OF LOCATION FOR RESTORATION PURPOSES.

  19. Tex. Parks & Wildlife Code Sec. 76.031. APPLICATION FOR PERMIT.

  20. Tex. Parks & Wildlife Code Sec. 76.032. DISCRETION TO ISSUE PERMIT. The department may issue or refuse to issue a permit to any applicant.

  21. Tex. Parks & Wildlife Code Sec. 76.033. CONDITIONS OF PERMIT.

  22. Tex. Parks & Wildlife Code Sec. 76.035. OYSTERS PROPERTY OF PERMITTEE. All oysters taken or deposited in public water by the holder of an oyster permit under the terms of a permit are the personal property of the permit holder.

  23. Tex. Parks & Wildlife Code Sec. 76.036. MARKING BEDS.

  24. Tex. Parks & Wildlife Code Sec. 76.037. THEFT OF OYSTERS FROM PRIVATE BED. No person may fraudulently take oysters placed on private beds without the consent of the owner of the private bed or from beds or deposits made for the purpose of preparing oysters for market without the consent of the owner of the oysters who lawfully deposited them.

  25. Tex. Parks & Wildlife Code Sec. 76.038. INTERFERENCE WITH BUOYS OR MARKERS.

  26. Tex. Parks & Wildlife Code Sec. 76.039. PROHIBITED SALES.

  27. Tex. Parks & Wildlife Code Sec. 76.040. PENALTIES.

  28. Tex. Parks & Wildlife Code Sec. 76.101. OYSTER LICENSES REQUIRED.

  29. Tex. Parks & Wildlife Code Sec. 76.102. LICENSE APPLICATION.

  30. Tex. Parks & Wildlife Code Sec. 76.103. TYPES OF LICENSES; PERIOD OF VALIDITY. A commercial oyster boat license, commercial oyster boat captain's license, sport oyster boat license, or commercial oyster fisherman's license expires on August 31 of the yearly period for which it is issued or another date set by the commission.

  31. Tex. Parks & Wildlife Code Sec. 76.1031. LICENSE EXPIRATIONS AND TRANSFERS.

  32. Tex. Parks & Wildlife Code Sec. 76.104. LICENSE FEES.

  33. Tex. Parks & Wildlife Code Sec. 76.1041. LICENSE DISPLAY AND DESIGN.

  34. Tex. Parks & Wildlife Code Sec. 76.107. SALE OF SPORT OYSTERS PROHIBITED. No person may sell oysters taken under the authority of a sport oyster boat license.

  35. Tex. Parks & Wildlife Code Sec. 76.109. NIGHT DREDGING PROHIBITED. During the open season, no person may take oysters from public water during the period between sunset and sunrise.

  36. Tex. Parks & Wildlife Code Sec. 76.112. OYSTER SIZE LIMITS.

  37. Tex. Parks & Wildlife Code Sec. 76.114. EXCEPTION TO SIZE AND RETENTION LIMITS.

  38. Tex. Parks & Wildlife Code Sec. 76.115. CLOSING AREAS.

  39. Tex. Parks & Wildlife Code Sec. 76.116. OYSTERS FROM RESTRICTED AREAS.

  40. Tex. Parks & Wildlife Code Sec. 76.117. OBEDIENCE TO ORDERS. No person may fail or refuse to obey a lawful order of a commissioned game warden of the department issued under the authority of this chapter.

  41. Tex. Parks & Wildlife Code Sec. 76.118. PENALTIES.

  42. Tex. Parks & Wildlife Code Sec. 76.1181. SUSPENSION OF LICENSE.

  43. Tex. Parks & Wildlife Code Sec. 76.119. RESPONSIBILITY FOR VIOLATION.

  44. Tex. Parks & Wildlife Code Sec. 76.301. REGULATION OF TAKING, POSSESSION, PURCHASE, AND SALE OF OYSTERS.

  45. Tex. Parks & Wildlife Code Sec. 76.302. RESEARCH PROGRAM.

  46. Tex. Parks & Wildlife Code Sec. 76.303. SALE OF RAW OYSTERS FOR CONSUMPTION WITHIN THIS STATE. Any federal regulations that prohibit the interstate transport and sale of oysters that have not been postharvest treated do not apply to oysters harvested from waters of this state and sold and consumed in this state.

  47. Tex. Parks & Wildlife Code Sec. 76.304. VESSEL MONITORING SYSTEM.

  48. Tex. Parks & Wildlife Code Sec. 76.401. OYSTER LICENSE MORATORIUM PROGRAM. The department shall implement an oyster license moratorium program to promote efficiency and economic stability in the oyster industry.

  49. Tex. Parks & Wildlife Code Sec. 76.402. ISSUANCE AND RENEWAL OF COMMERCIAL OYSTER BOAT LICENSES.

  50. Tex. Parks & Wildlife Code Sec. 76.403. OYSTER LICENSE MORATORIUM REVIEW BOARD.

  51. Tex. Parks & Wildlife Code Sec. 76.404. PROGRAM ADMINISTRATION; RULES.

  52. Tex. Parks & Wildlife Code Sec. 76.405. LICENSE BUYBACK PROGRAM.

  53. Tex. Parks & Wildlife Code Sec. 76.406. PREVAILING AUTHORITY. A proclamation of the commission under this subchapter prevails over any conflicting provision of this chapter to the extent of the conflict.

Chapter 77

  1. Tex. Parks & Wildlife Code Sec. 77.001. DEFINITIONS. In this chapter:

  2. Tex. Parks & Wildlife Code Sec. 77.002. LICENSE FEES.

  3. Tex. Parks & Wildlife Code Sec. 77.003. DISPOSITION OF FUNDS. Money received for licenses issued under this chapter or fines for violations of this chapter shall be remitted to the department by the 10th day of the month following the date of collection.

  4. Tex. Parks & Wildlife Code Sec. 77.004. RESEARCH PROGRAM.

  5. Tex. Parks & Wildlife Code Sec. 77.005. STUDY AND REPORT ON SHRIMP INDUSTRY AND RESOURCES.

  6. Tex. Parks & Wildlife Code Sec. 77.007. REGULATION OF CATCHING, POSSESSION, PURCHASE, AND SALE OF SHRIMP.

  7. Tex. Parks & Wildlife Code Sec. 77.011. LICENSE REQUIREMENT. No person may operate in the coastal water without obtaining the appropriate license, if required, as prescribed in this chapter.

  8. Tex. Parks & Wildlife Code Sec. 77.014. METHOD OF TAKING COUNT.

  9. Tex. Parks & Wildlife Code Sec. 77.015. GRADATION AND PROCESSING. Shrimp found to be of legal size under this chapter may subsequently be graded for size for packaging, processing, or sale.

  10. Tex. Parks & Wildlife Code Sec. 77.0191. RETENTION OF REDFISH, SPECKLED SEA TROUT, AND LIGHTNING WHELKS.

  11. Tex. Parks & Wildlife Code Sec. 77.020. PENALTY.

  12. Tex. Parks & Wildlife Code Sec. 77.021. SEPARATE OFFENSE. Each day on which a violation occurs constitutes a separate offense.

  13. Tex. Parks & Wildlife Code Sec. 77.022. RESPONSIBILITY FOR VIOLATION.

  14. Tex. Parks & Wildlife Code Sec. 77.024. OPERATION WITHOUT LICENSE. No person whose license has been forfeited may do business without a new license or possess another license for the period of forfeiture.

  15. Tex. Parks & Wildlife Code Sec. 77.025. PERIOD OF LIMITATION. Except as provided in Article 12.05, Code of Criminal Procedure, 1965, as amended, an indictment or information for a violation of this chapter may be presented within one year after the date of the commission of the offense and not afterward.

  16. Tex. Parks & Wildlife Code Sec. 77.031. COMMERCIAL BAY SHRIMP BOAT LICENSE.

  17. Tex. Parks & Wildlife Code Sec. 77.033. COMMERCIAL BAIT-SHRIMP BOAT LICENSE.

  18. Tex. Parks & Wildlife Code Sec. 77.034. COMMERCIAL GULF SHRIMP UNLOADING LICENSE.

  19. Tex. Parks & Wildlife Code Sec. 77.035. COMMERCIAL GULF SHRIMP BOAT LICENSE.

  20. Tex. Parks & Wildlife Code Sec. 77.0351. COMMERCIAL SHRIMP BOAT CAPTAIN'S LICENSE.

  21. Tex. Parks & Wildlife Code Sec. 77.0352. SALE OF CATCH.

  22. Tex. Parks & Wildlife Code Sec. 77.036. OFFICIAL REGISTRATION.

  23. Tex. Parks & Wildlife Code Sec. 77.0361. LICENSE EXPIRATIONS AND TRANSFERS.

  24. Tex. Parks & Wildlife Code Sec. 77.037. TRANSFER OF LICENSE. A commercial gulf shrimp boat license issued under this subchapter may be transferred on the application of the licensee from a boat that has been destroyed or lost to a boat acquired by the licensee as a replacement. The commission, by regulation, may prescribe requirements necessary to clarify license transfer procedures and may prescribe, by regulation, forms to be used and fees to be charged for transfer of licenses authorized by this subsection.

  25. Tex. Parks & Wildlife Code Sec. 77.039. LICENSE DESIGN.

  26. Tex. Parks & Wildlife Code Sec. 77.040. OTHER LICENSES REQUIRED.

  27. Tex. Parks & Wildlife Code Sec. 77.043. BAIT-SHRIMP DEALER LICENSE.

  28. Tex. Parks & Wildlife Code Sec. 77.044. ISSUANCE OF BAIT-SHRIMP DEALER'S LICENSE.

  29. Tex. Parks & Wildlife Code Sec. 77.045. RIGHTS AND DUTIES OF BAIT-SHRIMP DEALER.

  30. Tex. Parks & Wildlife Code Sec. 77.046. EXEMPTIONS FROM BAIT-SHRIMP DEALER'S LICENSE. A bait-shrimp dealer's license is not required for:

  31. Tex. Parks & Wildlife Code Sec. 77.048. INDIVIDUAL BAIT-SHRIMP TRAWL LICENSE.

  32. Tex. Parks & Wildlife Code Sec. 77.061. GENERAL CLOSED SEASON.

  33. Tex. Parks & Wildlife Code Sec. 77.062. CHANGE IN GENERAL CLOSED SEASON. Based on sound biological data, the commission may change the opening and closing dates of the June 1 to July 15 closed season to provide for an earlier, later, or longer season not to exceed 60 days. The commission may change the closing date with 72 hours public notice and may reopen the season with 24 hours notice. The commission may delegate to the director the duties and responsibilities of opening and closing the shrimping season under this section.

  34. Tex. Parks & Wildlife Code Sec. 77.063. GENERAL LIMITATION ON NETS.

  35. Tex. Parks & Wildlife Code Sec. 77.071. REGULATIONS IN CONTIGUOUS ZONE.

  36. Tex. Parks & Wildlife Code Sec. 77.072. SHRIMP SIZE EXCEPTION. Minimum size restrictions as provided in Chapter 77, Parks and Wildlife Code, as amended, do not apply to shrimp taken from outside waters when:

  37. Tex. Parks & Wildlife Code Sec. 77.111. SHRIMP LICENSE MANAGEMENT PROGRAM. For the purposes of promoting efficiency and economic stability in the shrimping industry and of conserving economically important shrimp resources, the department shall implement a shrimp license management program in accordance with the shrimp management plan adopted by the commission under Section 77.007 and as prescribed by this subchapter.

  38. Tex. Parks & Wildlife Code Sec. 77.112. ISSUANCE AND RENEWAL OF COMMERCIAL BAY AND BAIT SHRIMP BOAT LICENSES.

  39. Tex. Parks & Wildlife Code Sec. 77.113. LICENSE TRANSFER.

  40. Tex. Parks & Wildlife Code Sec. 77.114. LIMIT ON NUMBER OF LICENSES HELD; DESIGNATED LICENSE HOLDER.

  41. Tex. Parks & Wildlife Code Sec. 77.115. TRANSFER FEE. The commission may set a fee for the transfer of a commercial bay or bait shrimp boat license. The amount of the transfer fee may not exceed the amount of the license fee for the license being transferred.

  42. Tex. Parks & Wildlife Code Sec. 77.116. LENGTH AND ENGINE LIMITS; VESSEL UPGRADE.

  43. Tex. Parks & Wildlife Code Sec. 77.117. LICENSE SUSPENSION AND REVOCATION.

  44. Tex. Parks & Wildlife Code Sec. 77.118. SHRIMP LICENSE MANAGEMENT REVIEW BOARD.

  45. Tex. Parks & Wildlife Code Sec. 77.119. LICENSE BUYBACK PROGRAM.

  46. Tex. Parks & Wildlife Code Sec. 77.121. PROGRAM ADMINISTRATION; RULES.

  47. Tex. Parks & Wildlife Code Sec. 77.122. REPORT TO LEGISLATURE. Not later than January 1, 1999, the department shall report to the governor and each member of the legislature an overview of the administration and status of the shrimp license management program, including the biological, sociological, and economic effects of the program.

  48. Tex. Parks & Wildlife Code Sec. 77.123. PREVAILING AUTHORITY. A proclamation of the commission under this subchapter prevails over any conflicting provision of this chapter to the extent of the conflict.

  49. Tex. Parks & Wildlife Code Sec. 77.151. GULF SHRIMP LICENSE MORATORIUM PROGRAM. The department shall implement a gulf shrimp license moratorium program to promote efficiency and economic stability in the gulf shrimping industry.

  50. Tex. Parks & Wildlife Code Sec. 77.152. ISSUANCE AND RENEWAL OF COMMERCIAL GULF SHRIMP BOAT LICENSES.

  51. Tex. Parks & Wildlife Code Sec. 77.153. GULF SHRIMP LICENSE MORATORIUM REVIEW BOARD.

  52. Tex. Parks & Wildlife Code Sec. 77.154. PROGRAM ADMINISTRATION; RULES.

Chapter 78

  1. Tex. Parks & Wildlife Code Sec. 78.001. DEFINITIONS. In this chapter:

  2. Tex. Parks & Wildlife Code Sec. 78.002. LICENSE REQUIRED; FEES.

  3. Tex. Parks & Wildlife Code Sec. 78.003. SHELL BUYER LICENSE.

  4. Tex. Parks & Wildlife Code Sec. 78.004. EXPORT FEE. The commission may charge a fee of three cents a pound or an amount set by the commission, whichever amount is more, for mussels or clams or mussel or clam shells that are harvested from the public water of the state for export. Funds collected from shell export fees may be used only for research and mitigation and management activities associated with mussels and clams.

  5. Tex. Parks & Wildlife Code Sec. 78.005. EXEMPTION FOR PERSONAL USE AND CONSUMPTION. A person who possesses a valid fishing license or who is a resident and is exempt from licensing requirements under Section 46.002 of this code may take or harvest from the public water of the state, for personal use and consumption only, not more than 25 pounds a day of whole mussels and clams, including shell and soft tissue, or 12 pounds a day of mussel and clam shells.

  6. Tex. Parks & Wildlife Code Sec. 78.006. REGULATION OF TAKING, POSSESSION, PURCHASE, AND SALE OF MUSSELS AND CLAMS.

  7. Tex. Parks & Wildlife Code Sec. 78.007. UNLAWFUL ACTS. A person who violates the provisions of this chapter commits a Class C Parks and Wildlife Code misdemeanor.

  8. Tex. Parks & Wildlife Code Sec. 78.101. CRAB LICENSE MANAGEMENT PROGRAM. To promote efficiency and economic stability in the crabbing industry and to conserve economically important crab resources, the department shall implement a crab license management program in accordance with proclamations adopted by the commission under Chapter 61 and this subchapter.

  9. Tex. Parks & Wildlife Code Sec. 78.102. DEFINITIONS. In this subchapter:

  10. Tex. Parks & Wildlife Code Sec. 78.103. CRAB LICENSE MANAGEMENT REVIEW BOARD.

  11. Tex. Parks & Wildlife Code Sec. 78.104. LICENSING.

  12. Tex. Parks & Wildlife Code Sec. 78.105. LICENSE FEE. The fee for a license is $500, or an amount set by the commission, whichever amount is more. All fees generated by the issuance of a license under this subchapter are to be sent to the comptroller for deposit to the credit of the game, fish, and water safety account.

  13. Tex. Parks & Wildlife Code Sec. 78.106. LICENSE RENEWAL. A person seeking to renew a license established by this subchapter must have held the license during the preceding license year.

  14. Tex. Parks & Wildlife Code Sec. 78.107. LIMIT ON NUMBER OF LICENSES HELD.

  15. Tex. Parks & Wildlife Code Sec. 78.108. EXPIRATION OF LICENSE. A license required by this subchapter is valid only during the period for which it is issued without regard to the date on which the license is acquired. Each period is one year beginning on September 1 or another date set by the commission.

  16. Tex. Parks & Wildlife Code Sec. 78.109. LICENSE TRANSFER.

  17. Tex. Parks & Wildlife Code Sec. 78.110. LICENSE SUSPENSION AND REVOCATION.

  18. Tex. Parks & Wildlife Code Sec. 78.111. LICENSE BUYBACK.

  19. Tex. Parks & Wildlife Code Sec. 78.112. PROGRAM ADMINISTRATION; RULES.

  20. Tex. Parks & Wildlife Code Sec. 78.113. DISPOSITION OF FUNDS. Money received for a license issued under this subchapter or fines for violations of this subchapter shall be remitted to the department by the 10th day of the month following the date of collection.

  21. Tex. Parks & Wildlife Code Sec. 78.114. PROCLAMATION; PROCEDURES. Subchapter D, Chapter 61, and Sections 61.054 and 61.055 apply to the adoption of proclamations under this subchapter.

  22. Tex. Parks & Wildlife Code Sec. 78.115. CRAB TRAPS; REMOVAL OF ABANDONED TRAPS.

Chapter 79

  1. Tex. Parks & Wildlife Code Sec. 79.001. COMPLIANCE. The department is authorized to cooperate with the Gulf of Mexico Fishery Management Council established pursuant to the Fishery Conservation and Management Act of 1976 (16 U.S.C.A. Section 1801 et seq.), in developing state management programs which are consistent with plans proposed by the council and approved by the secretary of commerce.

  2. Tex. Parks & Wildlife Code Sec. 79.002. AUTHORITY. The department may follow procedures outlined in Section 12.027, Chapter 61, or Chapter 77 of this code in promulgating rules for harvest of any and all species of marine life subject to the Fishery Conservation and Management Act of 1976 (16 U.S.C.A. Section 1801 et seq.). The commission may delegate to the director the duties, responsibilities, and authority provided by this chapter for taking immediate action as necessary to modify state coastal fisheries regulations in order to provide for consistency with federal regulations in the exclusive economic zone.

  3. Tex. Parks & Wildlife Code Sec. 79.003. SUSPENSION OF OTHER LAWS. Irrespective of exclusions or limited application of the Wildlife Conservation Act of 1983 (Chapter 61 of this code) or any chapter in Title 7 of this code the commission shall exercise the authority set out in Section 79.002 of this code and conflicting provisions limiting the area, species to which applicable, or special seasons, are hereby suspended when the proclamation of the commission becomes effective, but only for the period specified in such proclamation.

Chapter 81

  1. Tex. Parks & Wildlife Code Sec. 81.001. TAKING OF WILDLIFE FROM HATCHERIES AND RESERVATIONS PROHIBITED. No person may take, injure, or kill any fish kept by the state in its hatcheries, or any bird or animal kept by the state on its reservation grounds or elsewhere for propagation or exhibition purposes.

  2. Tex. Parks & Wildlife Code Sec. 81.003. TRESPASS ON STATE HATCHERIES AND RESERVATIONS. No person may enter without the permission of the department on the grounds of a state fish hatchery or on grounds set apart by the state for the propagation and keeping of birds and animals.

  3. Tex. Parks & Wildlife Code Sec. 81.004. FISHING IN SANCTUARY. No person may fish or attempt to take fish from a fish sanctuary designated under Subchapter C of this chapter.

  4. Tex. Parks & Wildlife Code Sec. 81.006. TAKING OR POSSESSING SPECIES FROM WILDLIFE MANAGEMENT AREAS. No person may take or attempt to take or possess any wildlife or fish from a wildlife management area except in the manner and during the times permitted by the department under Subchapter E of this chapter.

  5. Tex. Parks & Wildlife Code Sec. 81.007. PENALTY. A person who violates a provision of this subchapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

  6. Tex. Parks & Wildlife Code Sec. 81.101. SALTWATER AREAS. The commission may construct and maintain saltwater hatcheries and propagation farms for fish, oysters, and game on islands owned by the state in coastal water. Funds available to the department for the enforcement of game, fish, and oyster laws may be used for costs and expenses authorized under this section.

  7. Tex. Parks & Wildlife Code Sec. 81.102. FRESHWATER AREAS. The department may purchase land for the construction, maintenance, enlargement, and operation of freshwater fish hatcheries, and for the construction and maintenance of passes leading from one body of tidewater to another. On approval of the title by the attorney general, purchases may be made from funds appropriated to the department.

  8. Tex. Parks & Wildlife Code Sec. 81.103. PROPERTY ACQUISITION; MANNER AND MEANS. The department may enter on, condemn, and appropriate land, easements, rights-of-way, and property of any person or corporation in the state for the purpose of erecting, constructing, enlarging, and maintaining fish hatcheries, buildings, equipment, roads, and passageways to the hatcheries. The department may also enter on, condemn, and appropriate land, easements, rights-of-way, and property of any person or corporation in the state for the purpose of constructing, enlarging, and maintaining passes or channels from one body of tidewater to another body of tidewater in the state. The manner and method of condemnation, assessment, and payment of damages is the same as is provided for railroads.

  9. Tex. Parks & Wildlife Code Sec. 81.104. CONDEMNATION SUITS. Condemnation suits under this subchapter shall be brought in the name of the State of Texas by the attorney general at the request of the department and shall be held in Travis County. All costs in the proceedings shall be paid by the state or by the person against whom the proceedings are had, to be determined as in the case of railroad condemnation proceedings. All damages and pay or compensation for property awarded in the proceedings shall be paid by the comptroller against any fund or account in state treasury that is limited in use for fish or wildlife purposes and that is appropriated to the department.

  10. Tex. Parks & Wildlife Code Sec. 81.206. PROCLAMATION.

  11. Tex. Parks & Wildlife Code Sec. 81.207. NOTICE. The department shall give notice of the creation of a sanctuary by each of the following methods:

  12. Tex. Parks & Wildlife Code Sec. 81.208. EFFECTIVE DATE OF PROCLAMATION. The proclamation takes effect on the day of the last publication of the notice required by Section 81.207(2) of this code.

  13. Tex. Parks & Wildlife Code Sec. 81.209. EXCLUDED COUNTIES. This subchapter does not apply to Wichita, Clay, Baylor, and Wilbarger counties.

  14. Tex. Parks & Wildlife Code Sec. 81.301. WILDLIFE MANAGEMENT ASSOCIATION AREAS.

  15. Tex. Parks & Wildlife Code Sec. 81.302. WILDLIFE MANAGEMENT PLAN; COLLECTION OF INFORMATION.

  16. Tex. Parks & Wildlife Code Sec. 81.303. RULES. The commission may adopt rules necessary to implement this subchapter.

  17. Tex. Parks & Wildlife Code Sec. 81.401. ACQUISITION AND MANAGEMENT OF AREAS.

  18. Tex. Parks & Wildlife Code Sec. 81.4011. DEFINITION. In this subchapter, "public hunting land" means land:

  19. Tex. Parks & Wildlife Code Sec. 81.4012. APPLICABILITY TO STATE PARK LAND. This subchapter applies to a state park only:

  20. Tex. Parks & Wildlife Code Sec. 81.402. REGULATION OF HUNTING AND FISHING.

  21. Tex. Parks & Wildlife Code Sec. 81.403. PERMITS; FEES.

  22. Tex. Parks & Wildlife Code Sec. 81.404. CONTRACTS FOR REMOVAL OF FUR-BEARING ANIMALS AND REPTILES.

  23. Tex. Parks & Wildlife Code Sec. 81.405. REGULATION OF RECREATIONAL ACTIVITIES. The commission may adopt rules governing recreational activities in wildlife management areas.

  24. Tex. Parks & Wildlife Code Sec. 81.501. CREATION OF SCIENTIFIC AREAS. The department may promote and establish a state system of scientific areas for the purposes of education, scientific research, and preservation of flora and fauna of scientific or educational value.

  25. Tex. Parks & Wildlife Code Sec. 81.502. POWERS AND DUTIES. To the extent necessary to carry out the purposes of this subchapter, the department may:

  26. Tex. Parks & Wildlife Code Sec. 81.503. LAND OF PUBLIC ENTITIES. All public entities and their agencies are authorized and urged to acquire, administer, and dedicate land as state scientific areas within the system under the policies of the commission authorized by this subchapter.

  27. Tex. Parks & Wildlife Code Sec. 81.504. EFFECT ON EXISTING AREAS. Inclusion of a state or local park, preserve, wildlife refuge, or other area within the system established under this subchapter does not cancel, supersede, or interfere with any other law or provision of an instrument relating to the use, management, or development of the area for other purposes except that any agency administering an area within the system is responsible for preserving the natural character of the area under the policies of the commission.

  28. Tex. Parks & Wildlife Code Sec. 81.505. PROTECTED STATUS. Neither the designation of an area as a scientific area within the state system nor an intrusion, easement, or taking allowed by the commission under this subchapter voids or replaces a protected status under the law which the area would have if it were not included within the system.

  29. Tex. Parks & Wildlife Code Sec. 81.506. FUNDS TO BE SPECIFICALLY APPROPRIATED. The commission may not use any funds for the acquisition of scientific areas other than those specifically appropriated for use under this subchapter.

Chapter 82

  1. Tex. Parks & Wildlife Code Sec. 82.101. CREATION AND BOUNDARIES. The Connie Hagar Wildlife Sanctuary--Rockport in Aransas County is described as follows:

  2. Tex. Parks & Wildlife Code Sec. 82.102. BOUNDARY MARKERS. The department shall place suitable markers defining the boundaries of the wildlife sanctuary.

  3. Tex. Parks & Wildlife Code Sec. 82.103. UNLAWFUL ACT. No person may hunt any bird or animal within the wildlife sanctuary.

  4. Tex. Parks & Wildlife Code Sec. 82.104. PENALTIES. A person who violates any provision of this subchapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

  5. Tex. Parks & Wildlife Code Sec. 82.201. CREATION. The department may set aside a fenced game management area in Culberson and Hudspeth counties for the protection and perpetuation of Texas Bighorn Mountain Sheep (Ovis canadensis texiana).

  6. Tex. Parks & Wildlife Code Sec. 82.202. ACCEPTANCE OF GIFTS. The department may accept gifts of land in Culberson and Hudspeth counties or money to be deposited in the game, fish, and water safety account. The gifts shall be used for the Texas Bighorn Sheep management unit.

  7. Tex. Parks & Wildlife Code Sec. 82.203. LAND PURCHASE; SCHOOL LANDS. The department may purchase the surface rights in not more than eight sections of public school lands located in Culberson and Hudspeth counties in the following blocks: Blocks 65 and 66, T. & P. Ry. Co. land; Blocks 42-1/2, 43, 54-1/2, Public School Lands. The minerals on the land purchased shall be reserved to the school fund and managed by the school land board. The price to be paid for the land shall not exceed $1 per acre and shall be paid for by the department out of the game, fish, and water safety account.

  8. Tex. Parks & Wildlife Code Sec. 82.204. OTHER LAND; TITLE APPROVAL. The department may purchase other land in Culberson and Hudspeth counties as necessary for the operation of the game management unit. The department may pay for the land out of the game, fish, and water safety account on approval of the title by the attorney general.

  9. Tex. Parks & Wildlife Code Sec. 82.205. LAND PURCHASE; PRIVATE. The department may enter on, condemn, and appropriate not more than 12 sections of land belonging to any person or corporation in Culberson and Hudspeth counties for the purpose stated in this subchapter.

  10. Tex. Parks & Wildlife Code Sec. 82.206. CONDEMNATION. The method of condemnation, assessment, and payment of damages is the same as is provided by law for railroads. Condemnation suits brought under this subchapter shall be brought in the name of the State of Texas by the attorney general at the request of the department. All costs in the proceedings shall be paid by the state or by the person against whom the proceedings are had, to be determined as in the case of railroad proceedings. All damages and pay or compensation for property awarded in the proceedings shall be paid by the state by warrant drawn on the game, fish, and water safety account.

  11. Tex. Parks & Wildlife Code Sec. 82.207. EXPENDITURES. All expenditures provided under this subchapter shall be made from the game, fish, and water safety account .

  12. Tex. Parks & Wildlife Code Sec. 82.301. CREATION. The group of small islands located in Galveston Bay near Smith's Point and known as Vingt et Un Islands are a state wildlife sanctuary.

  13. Tex. Parks & Wildlife Code Sec. 82.302. UNLAWFUL ACTS. No person may hunt or in any way molest any of the birds on any of the islands or within 50 yards of the islands, nor may any person enter on the islands for any purpose without first obtaining permission from the department.

  14. Tex. Parks & Wildlife Code Sec. 82.303. PENALTIES. A person violating any provision of this subchapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

  15. Tex. Parks & Wildlife Code Sec. 82.401. LAND SET ASIDE. All of the public land and school land situated in, under, and adjacent to the bed of Caddo Lake in the counties of Marion and Harrison are withdrawn from sale and preserved for public use as a state game and fish reserve.

  16. Tex. Parks & Wildlife Code Sec. 82.402. CREATION. The department may establish one or more game sanctuaries in the water of Caddo Lake for the protection of wild ducks, geese, and all other migratory birds. The sanctuaries shall protect the birds from being pursued, hunted, taken, or disturbed.

  17. Tex. Parks & Wildlife Code Sec. 82.403. BOUNDARY MARKERS. The department shall designate and define the boundaries of the sanctuaries by placing markers or signs around the boundaries of each sanctuary with the words "Game Preserve" on each marker or sign. The markers or signs shall be placed not more than 500 yards apart.

  18. Tex. Parks & Wildlife Code Sec. 82.404. AMOUNT OF AREA SET ASIDE. The sanctuaries shall not include more than 20 percent of the area of the lake.

  19. Tex. Parks & Wildlife Code Sec. 82.405. PUBLIC HUNTING AND FISHING. The public may hunt and fish on all of the water of the lake except that water set aside for sanctuaries.

  20. Tex. Parks & Wildlife Code Sec. 82.406. INVESTIGATION OF FEASIBILITY OF TIMBER LAND PURCHASE. The department, in conjunction with the director of the Texas Forest Service, shall investigate the feasibility and desirability of acquiring title to a block of timbered land adjacent to the lake comprising from 5,000 to 10,000 acres, to be placed under the joint control of the director of the Texas Forest Service and the department, with the view of ultimately preserving a belt of native forest for the future and also for the propagation of game.

  21. Tex. Parks & Wildlife Code Sec. 82.407. MINERAL RIGHTS. The mineral rights under the land reserved for the sanctuaries are withdrawn from sale and the rights may not be offered for sale until the legislature directs the rights to be sold.

  22. Tex. Parks & Wildlife Code Sec. 82.408. UNLAWFUL ACTS.

  23. Tex. Parks & Wildlife Code Sec. 82.409. PENALTY. A person who violates any provision of this subchapter commits an offense that is a Class B Parks and Wildlife Code misdemeanor.

  24. Tex. Parks & Wildlife Code Sec. 82.501. CREATION. The Ingleside Cove Wildlife Sanctuary is composed of an area in San Patricio and Nueces counties described as follows:

  25. Tex. Parks & Wildlife Code Sec. 82.502. MARKING BOUNDARIES. The department shall place suitable markers defining the boundary of the wildlife sanctuary as described in this subchapter.

  26. Tex. Parks & Wildlife Code Sec. 82.503. UNLAWFUL ACTS.

  27. Tex. Parks & Wildlife Code Sec. 82.504. PENALTIES. A person who violates any provision of this subchapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

  28. Tex. Parks & Wildlife Code Sec. 82.601. CREATION. The department may construct, enlarge, and maintain fish hatcheries in Smith County.

  29. Tex. Parks & Wildlife Code Sec. 82.602. PROPERTY ACQUISITION. The department may enter on, condemn, and appropriate land, water rights, easements, rights-of-way, and property of any person or corporation in Smith County for the purposes designated in this subchapter.

  30. Tex. Parks & Wildlife Code Sec. 82.603. CONDEMNATION; MANNER AND MEANS. The method of condemnation, assessment, and payment of damages is the same as is provided for railroads. Condemnation suits brought under this subchapter shall be brought in the name of the State of Texas by the attorney general at the request of the department. All costs in the proceedings shall be paid by the state or by the person against whom the proceedings are had, to be determined as in the case of railroad condemnation proceedings. All damages and pay or compensation for property awarded in the proceedings shall be paid by the state by warrant drawn by the comptroller against any account in the state treasury appropriated to the department for the use of constructing and maintaining fish hatcheries.

  31. Tex. Parks & Wildlife Code Sec. 82.651. ISLAND CHANNEL.

  32. Tex. Parks & Wildlife Code Sec. 82.701. GAME SANCTUARY. All the water of Lake Corpus Christi in San Patricio and Live Oak counties is a game sanctuary.

  33. Tex. Parks & Wildlife Code Sec. 82.702. PROHIBITED ACTS.

  34. Tex. Parks & Wildlife Code Sec. 82.703. MARKERS. The Parks and Wildlife Department shall erect appropriate markers at intervals adequately spaced to warn hunters of the one-mile limit around the boy scout camp, the girl scout camp, and Lake Corpus Christi Park in San Patricio County.

  35. Tex. Parks & Wildlife Code Sec. 82.704. PENALTY. A person who violates Section 82.702 of this code commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

  36. Tex. Parks & Wildlife Code Sec. 82.711. CREATION. All of the land area and public water in state-owned riverbeds in LaSalle County, including the Nueces and Frio rivers, is a game sanctuary.

  37. Tex. Parks & Wildlife Code Sec. 82.712. PROHIBITED ACTS.

  38. Tex. Parks & Wildlife Code Sec. 82.713. PENALTY. A person who violates Section 82.712 of this code commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

  39. Tex. Parks & Wildlife Code Sec. 82.721. CREATION. All of the land area and public water in state-owned riverbeds in McMullen County, including the Nueces and Frio rivers, is a game sanctuary.

  40. Tex. Parks & Wildlife Code Sec. 82.722. PROHIBITED ACTS.

  41. Tex. Parks & Wildlife Code Sec. 82.723. PENALTY. A person who violates Section 82.722 of this code commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

  42. Tex. Parks & Wildlife Code Sec. 82.731. CREATION. All of the land area and water in the Aransas and Poesta rivers in Bee County, to the extent same are owned by the state, are declared to be a game sanctuary.

  43. Tex. Parks & Wildlife Code Sec. 82.732. PROHIBITED ACTS.

  44. Tex. Parks & Wildlife Code Sec. 82.733. PENALTY. A person who violates Section 82.732 of this code commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

  45. Tex. Parks & Wildlife Code Sec. 82.761. CREATION. All of the land area and public water in the state-owned beds of the Nueces, Frio, and Atascosa rivers in Live Oak County is a game sanctuary.

  46. Tex. Parks & Wildlife Code Sec. 82.762. PROHIBITED ACTS.

  47. Tex. Parks & Wildlife Code Sec. 82.763. PENALTY. A person who violates Section 82.762 of this code commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

Chapter 83

  1. Tex. Parks & Wildlife Code Sec. 83.001. FISH RESTORATION PROJECTS. The department shall conduct and establish cooperative fish restoration projects under an Act of Congress entitled "An Act to provide that the United States shall aid the States in fish restoration and management projects" (Public Law No. 681, 81st Congress). The department shall comply with the act and rules and regulations promulgated under the act by the secretary of the interior.

  2. Tex. Parks & Wildlife Code Sec. 83.002. COMMERCIAL FISHERIES RESEARCH.

  3. Tex. Parks & Wildlife Code Sec. 83.003. WILDLIFE-RESTORATION PROJECTS. The department shall establish and conduct cooperative wildlife-restoration projects under an Act of Congress entitled "An Act to provide that the United States shall aid the States in wildlife-restoration projects, and for other purposes" (Public Law No. 415, 75th Congress). The department shall comply with the act and rules and regulations promulgated under the act by the United States secretary of the interior.

  4. Tex. Parks & Wildlife Code Sec. 83.004. MIGRATORY GAME BIRD RESERVATIONS.

  5. Tex. Parks & Wildlife Code Sec. 83.005. CONSERVATION AGREEMENTS FOR PROTECTION OF SPECIES.

  6. Tex. Parks & Wildlife Code Sec. 83.011. DEFINITIONS. In this chapter:

  7. Tex. Parks & Wildlife Code Sec. 83.012. PURPOSE. The purpose of this subchapter is to:

  8. Tex. Parks & Wildlife Code Sec. 83.013. AUTHORITY OF DEPARTMENT OR POLITICAL SUBDIVISION.

  9. Tex. Parks & Wildlife Code Sec. 83.014. LIMITATION OF POWERS.

  10. Tex. Parks & Wildlife Code Sec. 83.015. BIOLOGICAL REVIEW; CRITERIA.

  11. Tex. Parks & Wildlife Code Sec. 83.016. CITIZENS ADVISORY COMMITTEE.

  12. Tex. Parks & Wildlife Code Sec. 83.017. DEVELOPMENT OF REGIONAL HABITAT CONSERVATION PLAN.

  13. Tex. Parks & Wildlife Code Sec. 83.018. PRESERVE ACQUISITION.

  14. Tex. Parks & Wildlife Code Sec. 83.019. NOTICE AND HEARING REQUIREMENTS.

  15. Tex. Parks & Wildlife Code Sec. 83.020. GRIEVANCE WITH DEVELOPMENT OF REGIONAL HABITAT CONSERVATION PLAN.

Chapter 84

  1. Tex. Parks & Wildlife Code Sec. 84.001. PURPOSE. The purpose of the program established under this chapter is to enable and facilitate the purchase and donation of agricultural conservation easements.

  2. Tex. Parks & Wildlife Code Sec. 84.002. DEFINITIONS. In this chapter:

  3. Tex. Parks & Wildlife Code Sec. 84.003. PROGRAM. The Texas farm and ranch lands conservation program is established as a program of the department for the purpose of administering the assistance to be provided by the fund for the purchase of agricultural conservation easements.

  4. Tex. Parks & Wildlife Code Sec. 84.004. TERMS OF AGRICULTURAL CONSERVATION EASEMENT.

  5. Tex. Parks & Wildlife Code Sec. 84.005. TERMINATION OF EASEMENT.

  6. Tex. Parks & Wildlife Code Sec. 84.006. REPURCHASE BY LANDOWNER.

  7. Tex. Parks & Wildlife Code Sec. 84.007. PROTECTED LAND; NOTICE OF TAKING.

  8. Tex. Parks & Wildlife Code Sec. 84.008. TEXAS FARM AND RANCH LANDS CONSERVATION FUND.

  9. Tex. Parks & Wildlife Code Sec. 84.009. ADMINISTRATION OF FUND.

  10. Tex. Parks & Wildlife Code Sec. 84.010. CRITERIA FOR AWARDING GRANTS. The council shall:

  11. Tex. Parks & Wildlife Code Sec. 84.011. TEXAS FARM AND RANCH LANDS CONSERVATION COUNCIL.

  12. Tex. Parks & Wildlife Code Sec. 84.012. EFFECT ON TAX APPRAISAL. An agricultural conservation easement under this chapter does not affect the eligibility of the property subject to the easement for appraisal for ad valorem tax purposes under Subchapter D, Chapter 23, Tax Code.

  13. Tex. Parks & Wildlife Code Sec. 84.013. REPORT TO TEXAS DEPARTMENT OF TRANSPORTATION. Not later than the 10th day after the date of a closing of a purchase of an easement under this chapter, the department shall provide the Texas Department of Transportation a legal description of the property subject to the easement and shall include with the description the date the closing occurred.

Chapter 86

  1. Tex. Parks & Wildlife Code Sec. 86.001. MANAGEMENT AND PROTECTION. The commission shall manage, control, and protect marl and sand of commercial value and all gravel, shell, and mudshell located within the tidewater limits of the state, and on islands within those limits, and within the freshwater areas of the state not embraced by a survey of private land, and on islands within those areas.

  2. Tex. Parks & Wildlife Code Sec. 86.002. PERMIT REQUIRED; PENALTY.

  3. Tex. Parks & Wildlife Code Sec. 86.003. APPLICATION FOR PERMIT.

  4. Tex. Parks & Wildlife Code Sec. 86.004. GRANTING OF PERMIT. The commission may grant a permit to an applicant who has complied with all requirements of the commission if the commission finds that the disturbing, taking, and carrying away of marl, sand, gravel, shell, or mudshell will not:

  5. Tex. Parks & Wildlife Code Sec. 86.005. ECONOMIC CONSIDERATIONS. In determining whether or not a permit should be granted, the commission shall consider the injurious effect on oysters, oyster beds, and fish in or near the water used in the operation as well as the needs of industry for marl, sand, gravel, shell, and mudshell and its relative value to the state for commercial use.

  6. Tex. Parks & Wildlife Code Sec. 86.006. PERMIT.

  7. Tex. Parks & Wildlife Code Sec. 86.007. PERMIT BY RULE.

  8. Tex. Parks & Wildlife Code Sec. 86.008. DENIAL OF PERMIT. If the commission refuses to grant a permit to an applicant, it shall make a full written finding of facts explaining the reason for the refusal.

  9. Tex. Parks & Wildlife Code Sec. 86.009. TERMINATION AND REVOCATION. The failure or refusal by the holder of a permit to comply with any term or condition of the permit operates as an immediate termination and revocation of all rights conferred or claimed under the permit.

  10. Tex. Parks & Wildlife Code Sec. 86.010. REMOVAL AND REPLANTING OF OYSTERS AND OYSTER BEDS.

  11. Tex. Parks & Wildlife Code Sec. 86.0105. REMOVAL REPORT. A person holding a permit issued under this chapter shall deliver to the department a report stating how much marl, sand, gravel, shell, or mudshell was removed during the term of the permit. The commission shall adopt rules regarding the delivery and format of the report.

  12. Tex. Parks & Wildlife Code Sec. 86.011. DELEGATION OF AUTHORITY.

  13. Tex. Parks & Wildlife Code Sec. 86.012. SALES OF MATERIALS.

  14. Tex. Parks & Wildlife Code Sec. 86.013. USE ON ROADS.

  15. Tex. Parks & Wildlife Code Sec. 86.014. USE FOR SEAWALLS, ETC.

  16. Tex. Parks & Wildlife Code Sec. 86.015. SAND FROM CORPUS CHRISTI AND NUECES BAYS. Sand and other deposits having no commercial value may be taken from Corpus Christi and Nueces bays for filling and raising the grade of the salt flats in the northern part of the city of Corpus Christi and the lowlands lying north of the north boundary line of the city of Corpus Christi, in Nueces County, and south of the south boundary line of the city of Portland, in San Patricio County, without making payments for it to the commission.

  17. Tex. Parks & Wildlife Code Sec. 86.0151. USE TO OPEN BROWN CEDAR CUT.

  18. Tex. Parks & Wildlife Code Sec. 86.0152. USE TO OPEN CEDAR BAYOU.

  19. Tex. Parks & Wildlife Code Sec. 86.016. DEPOSIT OF FUNDS. The proceeds from the sale of marl, sand, gravel, shell, and mudshell shall be deposited in the special game, fish, and water safety account.

  20. Tex. Parks & Wildlife Code Sec. 86.017. USE OF FUNDS.

  21. Tex. Parks & Wildlife Code Sec. 86.018. TAKING FROM CERTAIN AREAS PROHIBITED. No person may take marl, sand, gravel, shell, or other material from any place between a seawall and the water's edge, from a beach or shoreline within 300 feet of the mean low tide, or within one-half mile of the end of any seawall, for any purpose other than that necessary or incidental to navigation or dredging under state or federal authority.

  22. Tex. Parks & Wildlife Code Sec. 86.019. OIL AND GAS LESSEES. This chapter does not require the holder of an oil and gas lease executed by the state to obtain a permit from the commission to exercise any right granted under the lease or other laws of this state.

  23. Tex. Parks & Wildlife Code Sec. 86.0191. EXEMPTION.

  24. Tex. Parks & Wildlife Code Sec. 86.0192. EXEMPTION FOR CERTAIN POLITICAL SUBDIVISIONS.

  25. Tex. Parks & Wildlife Code Sec. 86.020. RULES. The commission may adopt rules to govern:

  26. Tex. Parks & Wildlife Code Sec. 86.021. EXEMPTIONS.

  27. Tex. Parks & Wildlife Code Sec. 86.0215. INSPECTIONS.

  28. Tex. Parks & Wildlife Code Sec. 86.022. PENALTY.

  29. Tex. Parks & Wildlife Code Sec. 86.023. LIABILITY FOR VALUE OF MATERIAL TAKEN. A person who takes marl, sand, gravel, shell, or mudshell under the jurisdiction of the commission in violation of this chapter or a rule adopted under this chapter is liable to the state for the value of:

  30. Tex. Parks & Wildlife Code Sec. 86.024. CIVIL PENALTY. A person who violates this chapter or a rule, permit, or order of the department issued or adopted under this chapter is subject to a civil penalty of not less than $100 or more than $10,000 for each act of violation and for each day of violation, to be recovered as provided in this chapter.

  31. Tex. Parks & Wildlife Code Sec. 86.025. ENFORCEMENT.

  32. Tex. Parks & Wildlife Code Sec. 86.026. MORE THAN ONE DEFENDANT. If more than one defendant is named in an action under this chapter, each defendant against whom judgment is rendered is jointly and severally liable for recovery provided by this chapter.

  33. Tex. Parks & Wildlife Code Sec. 86.027. CIVIL SUIT AND CRIMINAL PROSECUTION PERMISSIBLE. The pendency or determination of a civil action brought under this chapter or a criminal prosecution for the same violation does not bar the other action.

Chapter 88

  1. Tex. Parks & Wildlife Code Sec. 88.001. DEFINITIONS. In this chapter:

  2. Tex. Parks & Wildlife Code Sec. 88.002. ENDANGERED, THREATENED, OR PROTECTED NATIVE PLANTS. Species of native plants are endangered, threatened, or protected if listed as such on:

  3. Tex. Parks & Wildlife Code Sec. 88.003. STATEWIDE LIST. The director shall file with the secretary of state a list of endangered, threatened, or protected native plants.

  4. Tex. Parks & Wildlife Code Sec. 88.004. AMENDMENT TO LIST.

  5. Tex. Parks & Wildlife Code Sec. 88.005. PERMIT. The department shall issue a permit to a qualified person to take endangered, threatened, or protected plants or parts thereof from public land for the purpose of propagation, education, or scientific studies.

  6. Tex. Parks & Wildlife Code Sec. 88.006. REGULATIONS. The department shall adopt regulations to administer the provisions of this chapter, including regulations to provide for:

  7. Tex. Parks & Wildlife Code Sec. 88.007. ACTIVITIES BY THE DEPARTMENT.

  8. Tex. Parks & Wildlife Code Sec. 88.008. PROHIBITED ACTS.

  9. Tex. Parks & Wildlife Code Sec. 88.0081. PERMIT FOR TAKING PLANTS FROM PRIVATE LAND.

  10. Tex. Parks & Wildlife Code Sec. 88.009. EXCEPTIONS.

  11. Tex. Parks & Wildlife Code Sec. 88.010. INSPECTIONS. A person authorized to enforce this chapter may detain for inspection and inspect a vehicle, package, crate, or other container if the person has probable cause to believe it contains a plant in violation of this chapter.

  12. Tex. Parks & Wildlife Code Sec. 88.011. PENALTIES.

  13. Tex. Parks & Wildlife Code Sec. 88.012. INJUNCTION AGAINST GOVERNMENTAL VIOLATOR. A state or local governmental agency that violates or threatens to violate a provision of this chapter is subject to a civil suit for injunctive relief. The suit shall be brought in the name of the State of Texas.

Chapter 89

  1. Tex. Parks & Wildlife Code Sec. 89.001. DEFINITIONS. In this chapter:

  2. Tex. Parks & Wildlife Code Sec. 89.002. GENERAL DUTIES.

  3. Tex. Parks & Wildlife Code Sec. 89.0025. RULES. The commission may adopt rules and guidelines as necessary to implement this chapter.

  4. Tex. Parks & Wildlife Code Sec. 89.003. DEPARTMENT AUTHORIZED TO SERVE AS PERMITTEE.

  5. Tex. Parks & Wildlife Code Sec. 89.004. PERSON OTHER THAN DEPARTMENT AS PERMITTEE. The department shall review and comment on an application for an artificial reef permit by a person other than the department to ensure that the conditions of the permit are consistent with the state artificial reef plan and the National Fishing Enhancement Act.

  6. Tex. Parks & Wildlife Code Sec. 89.005. USE OF BRIDGES, TUNNELS, AND CAUSEWAYS.

  7. Tex. Parks & Wildlife Code Sec. 89.006. REEF CONSTRUCTION BY OTHERS. The department may authorize a person to place a donation of reef materials in a permitted zone in accordance with this chapter and commission rules and guidelines.

  8. Tex. Parks & Wildlife Code Sec. 89.021. STATE ARTIFICIAL REEF PLAN.

  9. Tex. Parks & Wildlife Code Sec. 89.022. REQUIRED PROVISIONS. The state artificial reef plan must include:

  10. Tex. Parks & Wildlife Code Sec. 89.023. STANDARDS. An artificial reef located in water covered under this chapter must be sited, constructed, maintained, monitored, and managed in a manner that:

  11. Tex. Parks & Wildlife Code Sec. 89.024. COMPLETION DATE. The department must complete the state artificial reef plan on or before September 1, 1990.

  12. Tex. Parks & Wildlife Code Sec. 89.025. REEFS CONSISTENT WITH PLAN.

  13. Tex. Parks & Wildlife Code Sec. 89.041. ARTIFICIAL REEF ACCOUNT.

  14. Tex. Parks & Wildlife Code Sec. 89.042. DEDICATION; APPROPRIATIONS.

  15. Tex. Parks & Wildlife Code Sec. 89.043. GRANTS, DONATIONS, AND OTHER ASSISTANCE. The department may accept grants, donations of money or materials, and other forms of assistance from private and public sources.

  16. Tex. Parks & Wildlife Code Sec. 89.061. LIABILITY.

Chapter 90

  1. Tex. Parks & Wildlife Code Sec. 90.001. DEFINITIONS. In this chapter:

  2. Tex. Parks & Wildlife Code Sec. 90.002. OPERATION OF MOTOR VEHICLE IN PROTECTED FRESHWATER AREA PROHIBITED. Except as provided by Section 90.003 or 90.004, a person may not operate a motor vehicle in or on a protected freshwater area on or after January 1, 2004.

  3. Tex. Parks & Wildlife Code Sec. 90.003. EXEMPTIONS.

  4. Tex. Parks & Wildlife Code Sec. 90.0035. OPERATION OF AIRCRAFT IN OR ON PROTECTED FRESHWATER AREA.

  5. Tex. Parks & Wildlife Code Sec. 90.004. LOCAL RIVER ACCESS PLAN.

  6. Tex. Parks & Wildlife Code Sec. 90.005. ASSISTANCE FROM DEPARTMENT.

  7. Tex. Parks & Wildlife Code Sec. 90.006. STUDIES. The department may conduct studies necessary to implement this chapter.

  8. Tex. Parks & Wildlife Code Sec. 90.007. LANDOWNER RIGHTS.

  9. Tex. Parks & Wildlife Code Sec. 90.008. PUBLIC ACCESS.

  10. Tex. Parks & Wildlife Code Sec. 90.0085. CAMPING AND BUILDING FIRES PROHIBITED IN CERTAIN AREAS.

  11. Tex. Parks & Wildlife Code Sec. 90.009. MOTOR VEHICLE RECREATION SITES.

  12. Tex. Parks & Wildlife Code Sec. 90.010. ENFORCEMENT. All peace officers of this state shall enforce the provisions of this chapter.

  13. Tex. Parks & Wildlife Code Sec. 90.011. PENALTY.

Chapter 91

  1. Tex. Parks & Wildlife Code Sec. 91.001. MEMBERS OF COMMISSION. The three members of the Gulf States Marine Fisheries Commission from the state authorized under Article III of the Gulf States Marine Fisheries Compact are:

  2. Tex. Parks & Wildlife Code Sec. 91.002. TERMS OF COMMISSION MEMBERS.

  3. Tex. Parks & Wildlife Code Sec. 91.003. DELEGATE OF COMMISSIONER. The executive director of the department as ex-officio member of the Gulf States Marine Fisheries Commission may delegate to an authorized employee of the department the power to be present and participate, including the right to vote for the executive director, at any meeting, hearing, or proceeding of the Gulf States Marine Fisheries Commission.

  4. Tex. Parks & Wildlife Code Sec. 91.004. POWERS AND DUTIES. All the powers provided for in the compact and all the powers necessary or incidental to the carrying out of the compact are granted to the Gulf States Marine Fisheries Commission and members of the commission. These powers are in aid of and supplemental to but not a limitation on the powers vested in the Gulf States Marine Fisheries Commission by other laws of this state or by the terms of the compact.

  5. Tex. Parks & Wildlife Code Sec. 91.005. COOPERATION OF STATE AGENCIES.

  6. Tex. Parks & Wildlife Code Sec. 91.006. REPORTS. The Gulf States Marine Fisheries Commission shall keep accurate accounts of receipts and disbursements and shall submit on or before February 10 of each year a report to the governor and legislature of the state containing:

  7. Tex. Parks & Wildlife Code Sec. 91.007. AUDITOR. The accounts and books of the Gulf States Marine Fisheries Commission, including receipts, disbursements, and other items relating to its financial standing are subject to audit by the state auditor in accordance with Chapter 321, Government Code. The auditor shall report the results of the examination to the governor of each state that is a party to the compact.

  8. ARTICLE I

  9. ARTICLE II

  10. ARTICLE III

  11. ARTICLE IV

  12. ARTICLE IX

  13. ARTICLE V

  14. ARTICLE VI

  15. ARTICLE VII

  16. ARTICLE VIII

  17. ARTICLE X

  18. ARTICLE XI

  19. ARTICLE XII

  20. ARTICLE XIII

  21. Tex. Parks & Wildlife Code Sec. 91.008. TEXT OF COMPACT. The Gulf States Marine Fisheries Compact reads as follows:

  22. Tex. Parks & Wildlife Code Sec. 91.009. NOTICE OF MEETINGS. For informational purposes, the department shall file with the secretary of state notice of compact meetings for publication in the Texas Register.

Chapter 92

  1. Tex. Parks & Wildlife Code Sec. 92.001. MEMBERSHIP IN INTERSTATE WILDLIFE VIOLATOR COMPACT.

Chapter 114

  1. Tex. Parks & Wildlife Code Sec. 114.011. HUNTING PROHIBITED.

Chapter 130

  1. Tex. Parks & Wildlife Code Sec. 130.013. DISCHARGE OF FIREARM.

Chapter 131

  1. Tex. Parks & Wildlife Code Sec. 131.011. AUDUBON SOCIETY LAND.

Chapter 134

  1. Tex. Parks & Wildlife Code Sec. 134.041. DISCHARGE OF FIREARM.

Chapter 136

  1. Tex. Parks & Wildlife Code Sec. 136.012. SHOOTING IN CERTAIN PLACES.

  2. Tex. Parks & Wildlife Code Sec. 136.013. ENFORCEMENT; PENALTIES.

Chapter 143

  1. Tex. Parks & Wildlife Code Sec. 143.023. DISCHARGE OF FIREARM.

Penal

Chapter 1

  1. Tex. PE Code Sec. 1.01. SHORT TITLE. This code shall be known and may be cited as the Penal Code.

  2. Tex. PE Code Sec. 1.02. OBJECTIVES OF CODE. The general purposes of this code are to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individual or public interests for which state protection is appropriate. To this end, the provisions of this code are intended, and shall be construed, to achieve the following objectives:

  3. Tex. PE Code Sec. 1.03. EFFECT OF CODE.

  4. Tex. PE Code Sec. 1.04. TERRITORIAL JURISDICTION.

  5. Tex. PE Code Sec. 1.05. CONSTRUCTION OF CODE.

  6. Tex. PE Code Sec. 1.06. COMPUTATION OF AGE. A person attains a specified age on the day of the anniversary of his birthdate.

  7. Tex. PE Code Sec. 1.07. DEFINITIONS.

  8. Tex. PE Code Sec. 1.08. PREEMPTION. No governmental subdivision or agency may enact or enforce a law that makes any conduct covered by this code an offense subject to a criminal penalty. This section shall apply only as long as the law governing the conduct proscribed by this code is legally enforceable.

  9. Tex. PE Code Sec. 1.09. CONCURRENT JURISDICTION UNDER THIS CODE TO PROSECUTE OFFENSES THAT INVOLVE STATE PROPERTY. With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute under this code any offense an element of which occurs on state property or any offense that involves the use, unlawful appropriation, or misapplication of state property, including state funds.

  10. Tex. PE Code Sec. 1.10. ENFORCEMENT OF CERTAIN FEDERAL LAWS REGULATING FIREARMS, FIREARM ACCESSORIES, AND FIREARM AMMUNITION.

Chapter 2

  1. Tex. PE Code Sec. 2.01. PROOF BEYOND A REASONABLE DOUBT. All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. The fact that he has been arrested, confined, or indicted for, or otherwise charged with, the offense gives rise to no inference of guilt at his trial.

  2. Tex. PE Code Sec. 2.02. EXCEPTION.

  3. Tex. PE Code Sec. 2.03. DEFENSE.

  4. Tex. PE Code Sec. 2.04. AFFIRMATIVE DEFENSE.

  5. Tex. PE Code Sec. 2.05. PRESUMPTION.

Chapter 3

  1. Tex. PE Code Sec. 3.01. DEFINITION. In this chapter, "criminal episode" means the commission of two or more offenses, regardless of whether the harm is directed toward or inflicted upon more than one person or item of property, under the following circumstances:

  2. Tex. PE Code Sec. 3.02. CONSOLIDATION AND JOINDER OF PROSECUTIONS.

  3. Tex. PE Code Sec. 3.03. SENTENCES FOR OFFENSES ARISING OUT OF SAME CRIMINAL EPISODE.

  4. Tex. PE Code Sec. 3.04. SEVERANCE.

Chapter 6

  1. Tex. Penal Code Sec. 6.01. REQUIREMENT OF VOLUNTARY ACT OR OMISSION.

  2. Tex. Penal Code Sec. 6.02. REQUIREMENT OF CULPABILITY.

  3. Tex. Penal Code Sec. 6.03. DEFINITIONS OF CULPABLE MENTAL STATES.

  4. Tex. Penal Code Sec. 6.04. CAUSATION: CONDUCT AND RESULTS.

Chapter 7

  1. Tex. Penal Code Sec. 7.01. PARTIES TO OFFENSES.

  2. Tex. Penal Code Sec. 7.02. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER.

  3. Tex. Penal Code Sec. 7.03. DEFENSES EXCLUDED. In a prosecution in which an actor's criminal responsibility is based on the conduct of another, the actor may be convicted on proof of commission of the offense and that he was a party to its commission, and it is no defense:

  4. Tex. Penal Code Sec. 7.21. DEFINITIONS. In this subchapter:

  5. Tex. Penal Code Sec. 7.22. CRIMINAL RESPONSIBILITY OF CORPORATION, ASSOCIATION, LIMITED LIABILITY COMPANY, OR OTHER BUSINESS ENTITY.

  6. Tex. Penal Code Sec. 7.23. CRIMINAL RESPONSIBILITY OF PERSON FOR CONDUCT IN BEHALF OF CORPORATION, ASSOCIATION, LIMITED LIABILITY COMPANY, OR OTHER BUSINESS ENTITY.

  7. Tex. Penal Code Sec. 7.24. DEFENSE TO CRIMINAL RESPONSIBILITY OF CORPORATION, ASSOCIATION, LIMITED LIABILITY COMPANY, OR OTHER BUSINESS ENTITY. It is an affirmative defense to prosecution of a corporation, an association, a limited liability company, or another business entity under Section 7.22(a)(1) or (a)(2) that the high managerial agent having supervisory responsibility over the subject matter of the offense employed due diligence to prevent its commission.

Chapter 8

  1. Tex. Penal Code Sec. 8.01. INSANITY.

  2. Tex. Penal Code Sec. 8.02. MISTAKE OF FACT.

  3. Tex. Penal Code Sec. 8.03. MISTAKE OF LAW.

  4. Tex. Penal Code Sec. 8.04. INTOXICATION.

  5. Tex. Penal Code Sec. 8.05. DURESS.

  6. Tex. Penal Code Sec. 8.06. ENTRAPMENT.

  7. Tex. Penal Code Sec. 8.07. AGE AFFECTING CRIMINAL RESPONSIBILITY.

  8. Tex. Penal Code Sec. 8.08. CHILD WITH MENTAL ILLNESS, DISABILITY, OR LACK OF CAPACITY.

  9. Tex. Penal Code Sec. 8.09. VICTIM OF TRAFFICKING OR COMPELLING PROSTITUTION.

Chapter 9

  1. Tex. Penal Code Sec. 9.01. DEFINITIONS. In this chapter:

  2. Tex. Penal Code Sec. 9.02. JUSTIFICATION AS A DEFENSE. It is a defense to prosecution that the conduct in question is justified under this chapter.

  3. Tex. Penal Code Sec. 9.03. CONFINEMENT AS JUSTIFIABLE FORCE. Confinement is justified when force is justified by this chapter if the actor takes reasonable measures to terminate the confinement as soon as he knows he safely can unless the person confined has been arrested for an offense.

  4. Tex. Penal Code Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.

  5. Tex. Penal Code Sec. 9.05. RECKLESS INJURY OF INNOCENT THIRD PERSON. Even though an actor is justified under this chapter in threatening or using force or deadly force against another, if in doing so he also recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent third person.

  6. Tex. Penal Code Sec. 9.06. CIVIL REMEDIES UNAFFECTED. The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.

  7. Tex. Penal Code Sec. 9.21. PUBLIC DUTY.

  8. Tex. Penal Code Sec. 9.22. NECESSITY. Conduct is justified if:

  9. Tex. Penal Code Sec. 9.31. SELF-DEFENSE.

  10. Tex. Penal Code Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON.

  11. Tex. Penal Code Sec. 9.33. DEFENSE OF THIRD PERSON. A person is justified in using force or deadly force against another to protect a third person if:

  12. Tex. Penal Code Sec. 9.34. PROTECTION OF LIFE OR HEALTH.

  13. Tex. Penal Code Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY.

  14. Tex. Penal Code Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:

  15. Tex. Penal Code Sec. 9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:

  16. Tex. Penal Code Sec. 9.44. USE OF DEVICE TO PROTECT PROPERTY. The justification afforded by Sections 9.41 and 9.43 applies to the use of a device to protect land or tangible, movable property if:

  17. Tex. Penal Code Sec. 9.51. ARREST AND SEARCH.

  18. Tex. Penal Code Sec. 9.52. PREVENTION OF ESCAPE FROM CUSTODY. The use of force to prevent the escape of an arrested person from custody is justifiable when the force could have been employed to effect the arrest under which the person is in custody, except that a guard employed by a correctional facility or a peace officer is justified in using any force, including deadly force, that he reasonably believes to be immediately necessary to prevent the escape of a person from the correctional facility.

  19. Tex. Penal Code Sec. 9.53. MAINTAINING SECURITY IN CORRECTIONAL FACILITY. An officer or employee of a correctional facility is justified in using force against a person in custody when and to the degree the officer or employee reasonably believes the force is necessary to maintain the security of the correctional facility, the safety or security of other persons in custody or employed by the correctional facility, or his own safety or security.

  20. Tex. Penal Code Sec. 9.54. LIMITATION ON USE OF FORCE BY DRONE.

  21. Tex. Penal Code Sec. 9.55. USE OF LESS-LETHAL FORCE WEAPON.

  22. Tex. Penal Code Sec. 9.61. PARENT-CHILD.

  23. Tex. Penal Code Sec. 9.62. EDUCATOR-STUDENT. The use of force, but not deadly force, against a person is justified:

  24. Tex. Penal Code Sec. 9.63. GUARDIAN-INCOMPETENT. The use of force, but not deadly force, against a mental incompetent is justified:

Chapter 12

  1. Tex. Penal Code Sec. 12.01. PUNISHMENT IN ACCORDANCE WITH CODE.

  2. Tex. Penal Code Sec. 12.02. CLASSIFICATION OF OFFENSES. Offenses are designated as felonies or misdemeanors.

  3. Tex. Penal Code Sec. 12.03. CLASSIFICATION OF MISDEMEANORS.

  4. Tex. Penal Code Sec. 12.04. CLASSIFICATION OF FELONIES.

  5. Tex. Penal Code Sec. 12.21. CLASS A MISDEMEANOR. An individual adjudged guilty of a Class A misdemeanor shall be punished by:

  6. Tex. Penal Code Sec. 12.22. CLASS B MISDEMEANOR. An individual adjudged guilty of a Class B misdemeanor shall be punished by:

  7. Tex. Penal Code Sec. 12.23. CLASS C MISDEMEANOR. An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.

  8. Tex. Penal Code Sec. 12.31. CAPITAL FELONY.

  9. Tex. Penal Code Sec. 12.32. FIRST DEGREE FELONY PUNISHMENT.

  10. Tex. Penal Code Sec. 12.33. SECOND DEGREE FELONY PUNISHMENT.

  11. Tex. Penal Code Sec. 12.34. THIRD DEGREE FELONY PUNISHMENT.

  12. Tex. Penal Code Sec. 12.35. STATE JAIL FELONY PUNISHMENT.

  13. Tex. Penal Code Sec. 12.41. CLASSIFICATION OF OFFENSES OUTSIDE THIS CODE. For purposes of this subchapter, any conviction not obtained from a prosecution under this code shall be classified as follows:

  14. Tex. Penal Code Sec. 12.42. PENALTIES FOR REPEAT AND HABITUAL FELONY OFFENDERS ON TRIAL FOR FIRST, SECOND, OR THIRD DEGREE FELONY.

  15. Tex. Penal Code Sec. 12.425. PENALTIES FOR REPEAT AND HABITUAL FELONY OFFENDERS ON TRIAL FOR STATE JAIL FELONY.

  16. Tex. Penal Code Sec. 12.43. PENALTIES FOR REPEAT AND HABITUAL MISDEMEANOR OFFENDERS.

  17. Tex. Penal Code Sec. 12.44. REDUCTION OF STATE JAIL FELONY PUNISHMENT TO MISDEMEANOR PUNISHMENT.

  18. Tex. Penal Code Sec. 12.45. ADMISSION OF UNADJUDICATED OFFENSE.

  19. Tex. Penal Code Sec. 12.46. USE OF PRIOR CONVICTIONS. The use of a conviction for enhancement purposes shall not preclude the subsequent use of such conviction for enhancement purposes.

  20. Tex. Penal Code Sec. 12.47. PENALTY IF OFFENSE COMMITTED BECAUSE OF BIAS OR PREJUDICE.

  21. Tex. Penal Code Sec. 12.48. CERTAIN OFFENSES RESULTING IN LOSS TO NURSING AND CONVALESCENT HOMES. If it is shown on the trial of an offense under Chapter 31 or 32 that, as a result of a loss incurred because of the conduct charged, a trustee was appointed and emergency assistance funds, other than funds used to pay the expenses of the trustee, were used for a nursing or convalescent home under Subchapter D, Chapter 242, Health and Safety Code, the punishment for the offense is increased to the punishment prescribed for the next higher category of offense except that a felony of the first degree is punished as a felony of the first degree.

  22. Tex. Penal Code Sec. 12.49. PENALTY IF CONTROLLED SUBSTANCE USED TO COMMIT OFFENSE. If the court makes an affirmative finding under Article 42.012, Code of Criminal Procedure, in the punishment phase of the trial of an offense under Chapter 29, Chapter 31, or Title 5, other than a first degree felony or a Class A misdemeanor, the punishment for the offense is increased to the punishment prescribed for the next highest category of offense. If the offense is a Class A misdemeanor, the minimum term of confinement for the offense is increased to 180 days.

  23. Tex. Penal Code Sec. 12.50. PENALTY IF OFFENSE COMMITTED IN DISASTER AREA OR EVACUATED AREA.

  24. Tex. Penal Code Sec. 12.501. PENALTY FOR CERTAIN OFFENSES COMMITTED IN RETALIATION FOR OR ON ACCOUNT OF PERSON'S SERVICE OR STATUS AS PUBLIC SERVANT.

  25. Tex. Penal Code Sec. 12.502. PENALTY IF OFFENSE COMMITTED ON PREMISES OF POSTSECONDARY EDUCATIONAL INSTITUTION.

  26. Tex. Penal Code Sec. 12.503. PENALTY IF METAL OR BODY ARMOR USED DURING COMMISSION OF OFFENSE. If an affirmative finding under Article 42.01992, Code of Criminal Procedure, is made in the trial of an offense, the punishment for the offense is increased to the punishment prescribed for the next highest category of offense.

  27. Tex. Penal Code Sec. 12.51. AUTHORIZED PUNISHMENTS FOR CORPORATIONS, ASSOCIATIONS, LIMITED LIABILITY COMPANIES, AND OTHER BUSINESS ENTITIES.

Chapter 15

  1. Tex. Penal Code Sec. 15.01. CRIMINAL ATTEMPT.

  2. Tex. Penal Code Sec. 15.02. CRIMINAL CONSPIRACY.

  3. Tex. Penal Code Sec. 15.03. CRIMINAL SOLICITATION.

  4. Tex. Penal Code Sec. 15.031. CRIMINAL SOLICITATION OF A MINOR.

  5. Tex. Penal Code Sec. 15.032. CHILD GROOMING.

  6. Tex. Penal Code Sec. 15.04. RENUNCIATION DEFENSE.

  7. Tex. Penal Code Sec. 15.05. NO OFFENSE. Attempt or conspiracy to commit, or solicitation of, a preparatory offense defined in this chapter is not an offense.

Chapter 16

  1. Tex. Penal Code Sec. 16.01. UNLAWFUL USE OF CRIMINAL INSTRUMENT OR MECHANICAL SECURITY DEVICE.

  2. Tex. Penal Code Sec. 16.02. UNLAWFUL INTERCEPTION, USE, OR DISCLOSURE OF WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS.

  3. Tex. Penal Code Sec. 16.03. UNLAWFUL USE OF PEN REGISTER OR TRAP AND TRACE DEVICE.

  4. Tex. Penal Code Sec. 16.04. UNLAWFUL ACCESS TO STORED COMMUNICATIONS.

  5. Tex. Penal Code Sec. 16.05. ILLEGAL DIVULGENCE OF PUBLIC COMMUNICATIONS.

  6. Tex. Penal Code Sec. 16.06. UNLAWFUL INSTALLATION OF TRACKING DEVICE.

Chapter 19

  1. Tex. Penal Code Sec. 19.01. TYPES OF CRIMINAL HOMICIDE.

  2. Tex. Penal Code Sec. 19.02. MURDER.

  3. Tex. Penal Code Sec. 19.03. CAPITAL MURDER.

  4. Tex. Penal Code Sec. 19.04. MANSLAUGHTER.

  5. Tex. Penal Code Sec. 19.05. CRIMINALLY NEGLIGENT HOMICIDE.

  6. Tex. Penal Code Sec. 19.06. APPLICABILITY TO CERTAIN CONDUCT. This chapter does not apply to the death of an unborn child if the conduct charged is:

Chapter 20

  1. Tex. Penal Code Sec. 20.01. DEFINITIONS. In this chapter:

  2. Tex. Penal Code Sec. 20.02. UNLAWFUL RESTRAINT.

  3. Tex. Penal Code Sec. 20.03. KIDNAPPING.

  4. Tex. Penal Code Sec. 20.04. AGGRAVATED KIDNAPPING.

  5. Tex. Penal Code Sec. 20.05. SMUGGLING OF PERSONS.

  6. Tex. Penal Code Sec. 20.06. CONTINUOUS SMUGGLING OF PERSONS.

  7. Tex. Penal Code Sec. 20.07. OPERATION OF STASH HOUSE.

Chapter 21

  1. Tex. Penal Code Sec. 21.01. DEFINITIONS. In this chapter:

  2. Tex. Penal Code Sec. 21.02. CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL.

  3. Tex. Penal Code Sec. 21.03. CONTINUOUS SEXUAL ABUSE.

  4. Tex. Penal Code Sec. 21.06. HOMOSEXUAL CONDUCT.

  5. Tex. Penal Code Sec. 21.07. PUBLIC LEWDNESS.

  6. Tex. Penal Code Sec. 21.08. INDECENT EXPOSURE.

  7. Tex. Penal Code Sec. 21.09. BESTIALITY.

  8. Tex. Penal Code Sec. 21.11. INDECENCY WITH A CHILD.

  9. Tex. Penal Code Sec. 21.12. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT.

  10. Tex. Penal Code Sec. 21.15. INVASIVE VISUAL RECORDING.

  11. Tex. Penal Code Sec. 21.16. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL.

  12. Tex. Penal Code Sec. 21.165. UNLAWFUL PRODUCTION OR DISTRIBUTION OF CERTAIN SEXUALLY EXPLICIT MEDIA.

  13. Tex. Penal Code Sec. 21.17. VOYEURISM.

  14. Tex. Penal Code Sec. 21.18. SEXUAL COERCION.

  15. Tex. Penal Code Sec. 21.19. UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL.

Chapter 22

  1. Tex. Penal Code Sec. 22.01. ASSAULT.

  2. Tex. Penal Code Sec. 22.011. SEXUAL ASSAULT.

  3. Tex. Penal Code Sec. 22.012. INDECENT ASSAULT.

  4. Tex. Penal Code Sec. 22.02. AGGRAVATED ASSAULT.

  5. Tex. Penal Code Sec. 22.021. AGGRAVATED SEXUAL ASSAULT.

  6. Tex. Penal Code Sec. 22.04. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL.

  7. Tex. Penal Code Sec. 22.041. ABANDONING OR ENDANGERING A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL.

  8. Tex. Penal Code Sec. 22.05. DEADLY CONDUCT.

  9. Tex. Penal Code Sec. 22.06. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT.

  10. Tex. Penal Code Sec. 22.07. TERRORISTIC THREAT.

  11. Tex. Penal Code Sec. 22.08. AIDING SUICIDE.

  12. Tex. Penal Code Sec. 22.09. TAMPERING WITH CONSUMER PRODUCT.

  13. Tex. Penal Code Sec. 22.10. LEAVING A CHILD IN A VEHICLE.

  14. Tex. Penal Code Sec. 22.11. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT.

  15. Tex. Penal Code Sec. 22.12. APPLICABILITY TO CERTAIN CONDUCT. This chapter does not apply to conduct charged as having been committed against an individual who is an unborn child if the conduct is:

Chapter 25

  1. Tex. Penal Code Sec. 25.01. BIGAMY.

  2. Tex. Penal Code Sec. 25.02. PROHIBITED SEXUAL CONDUCT.

  3. Tex. Penal Code Sec. 25.03. INTERFERENCE WITH CHILD CUSTODY.

  4. Tex. Penal Code Sec. 25.031. AGREEMENT TO ABDUCT FROM CUSTODY.

  5. Tex. Penal Code Sec. 25.04. ENTICING A CHILD.

  6. Tex. Penal Code Sec. 25.05. CRIMINAL NONSUPPORT.

  7. Tex. Penal Code Sec. 25.06. HARBORING RUNAWAY CHILD.

  8. Tex. Penal Code Sec. 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE.

  9. Tex. Penal Code Sec. 25.071. VIOLATION OF PROTECTIVE ORDER PREVENTING OFFENSE CAUSED BY BIAS OR PREJUDICE.

  10. Tex. Penal Code Sec. 25.072. REPEATED VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE.

  11. Tex. Penal Code Sec. 25.08. SALE OR PURCHASE OF CHILD.

  12. Tex. Penal Code Sec. 25.081. UNREGULATED CUSTODY TRANSFER OF ADOPTED CHILD.

  13. Tex. Penal Code Sec. 25.09. ADVERTISING FOR PLACEMENT OF CHILD.

  14. Tex. Penal Code Sec. 25.10. INTERFERENCE WITH RIGHTS OF GUARDIAN OF THE PERSON.

  15. Tex. Penal Code Sec. 25.11. CONTINUOUS VIOLENCE AGAINST THE FAMILY.

Chapter 28

  1. Tex. Penal Code Sec. 28.01. DEFINITIONS. In this chapter:

  2. Tex. Penal Code Sec. 28.02. ARSON.

  3. Tex. Penal Code Sec. 28.03. CRIMINAL MISCHIEF.

  4. Tex. Penal Code Sec. 28.04. RECKLESS DAMAGE OR DESTRUCTION.

  5. Tex. Penal Code Sec. 28.05. ACTOR'S INTEREST IN PROPERTY. It is no defense to prosecution under this chapter that the actor has an interest in the property damaged or destroyed if another person also has an interest that the actor is not entitled to infringe.

  6. Tex. Penal Code Sec. 28.06. AMOUNT OF PECUNIARY LOSS.

  7. Tex. Penal Code Sec. 28.07. INTERFERENCE WITH RAILROAD PROPERTY.

  8. Tex. Penal Code Sec. 28.08. GRAFFITI.

  9. Tex. Penal Code Sec. 28.09. DAMAGING CRITICAL INFRASTRUCTURE FACILITY.

  10. Tex. Penal Code Sec. 28.10. ENHANCED PENALTY FOR CERTAIN MISDEMEANORS OR STATE JAIL FELONIES. The punishment for an offense under this chapter that is punishable as a misdemeanor or a state jail felony is increased to the punishment for a felony of the third degree if it is shown on the trial of the offense that the actor committed the offense in the course of committing an offense under Section 20.05(a)(2).

Chapter 29

  1. Tex. Penal Code Sec. 29.01. DEFINITIONS. In this chapter:

  2. Tex. Penal Code Sec. 29.02. ROBBERY.

  3. Tex. Penal Code Sec. 29.03. AGGRAVATED ROBBERY.

  4. Tex. Penal Code Sec. 29.04. JUGGING.

Chapter 30

  1. Tex. Penal Code Sec. 30.01. DEFINITIONS. In this chapter:

  2. Tex. Penal Code Sec. 30.02. BURGLARY.

  3. Tex. Penal Code Sec. 30.03. BURGLARY OF COIN-OPERATED OR COIN COLLECTION MACHINES.

  4. Tex. Penal Code Sec. 30.04. BURGLARY OF VEHICLES.

  5. Tex. Penal Code Sec. 30.05. CRIMINAL TRESPASS.

  6. Tex. Penal Code Sec. 30.06. TRESPASS BY LICENSE HOLDER WITH A CONCEALED HANDGUN.

  7. Tex. Penal Code Sec. 30.07. TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN.

Chapter 31

  1. Tex. Penal Code Sec. 31.01. DEFINITIONS. In this chapter:

  2. Tex. Penal Code Sec. 31.02. CONSOLIDATION OF THEFT OFFENSES. Theft as defined in Section 31.03 constitutes a single offense superseding the separate offenses previously known as theft, theft by false pretext, conversion by a bailee, theft from the person, shoplifting, acquisition of property by threat, swindling, swindling by worthless check, embezzlement, extortion, receiving or concealing embezzled property, and receiving or concealing stolen property.

  3. Tex. Penal Code Sec. 31.03. THEFT.

  4. Tex. Penal Code Sec. 31.04. THEFT OF SERVICE.

  5. Tex. Penal Code Sec. 31.05. THEFT OF TRADE SECRETS.

  6. Tex. Penal Code Sec. 31.06. PRESUMPTION FOR THEFT BY CHECK OR SIMILAR SIGHT ORDER.

  7. Tex. Penal Code Sec. 31.07. UNAUTHORIZED USE OF A VEHICLE.

  8. Tex. Penal Code Sec. 31.08. VALUE.

  9. Tex. Penal Code Sec. 31.09. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. When amounts are obtained in violation of this chapter pursuant to one scheme or continuing course of conduct, whether from the same or several sources, the conduct may be considered as one offense and the amounts aggregated in determining the grade of the offense.

  10. Tex. Penal Code Sec. 31.10. ACTOR'S INTEREST IN PROPERTY. It is no defense to prosecution under this chapter that the actor has an interest in the property or service stolen if another person has the right of exclusive possession of the property.

  11. Tex. Penal Code Sec. 31.11. TAMPERING WITH IDENTIFICATION NUMBERS.

  12. Tex. Penal Code Sec. 31.12. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES.

  13. Tex. Penal Code Sec. 31.13. MANUFACTURE, DISTRIBUTION, OR ADVERTISEMENT OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE.

  14. Tex. Penal Code Sec. 31.14. SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE.

  15. Tex. Penal Code Sec. 31.15. POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT.

  16. Tex. Penal Code Sec. 31.16. ORGANIZED RETAIL THEFT.

  17. Tex. Penal Code Sec. 31.17. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION.

  18. Tex. Penal Code Sec. 31.18. CARGO THEFT.

  19. Tex. Penal Code Sec. 31.19. THEFT OF PETROLEUM PRODUCT OR OIL AND GAS EQUIPMENT.

  20. Tex. Penal Code Sec. 31.20. MAIL THEFT.

  21. Tex. Penal Code Sec. 31.21. UNAUTHORIZED POSSESSION OF CATALYTIC CONVERTER.

  22. Tex. Penal Code Sec. 31.22. UNAUTHORIZED POSSESSION OF CERTAIN COPPER OR BRASS MATERIAL.

  23. Tex. Penal Code Sec. 31.23. REAL PROPERTY THEFT.

Chapter 32

  1. Tex. Penal Code Sec. 32.01. DEFINITIONS. In this chapter:

  2. Tex. Penal Code Sec. 32.02. VALUE.

  3. Tex. Penal Code Sec. 32.03. AGGREGATION OF AMOUNTS INVOLVED IN FRAUD. When amounts are obtained in violation of this chapter pursuant to one scheme or continuing course of conduct, whether from the same or several sources, the conduct may be considered as one offense and the amounts aggregated in determining the grade of offense.

  4. Tex. Penal Code Sec. 32.21. FORGERY.

  5. Tex. Penal Code Sec. 32.22. CRIMINAL SIMULATION.

  6. Tex. Penal Code Sec. 32.23. TRADEMARK COUNTERFEITING.

  7. Tex. Penal Code Sec. 32.24. STEALING OR RECEIVING STOLEN CHECK OR SIMILAR SIGHT ORDER.

  8. Tex. Penal Code Sec. 32.31. CREDIT CARD OR DEBIT CARD ABUSE.

  9. Tex. Penal Code Sec. 32.315. FRAUDULENT USE OR POSSESSION OF CREDIT CARD OR DEBIT CARD INFORMATION.

  10. Tex. Penal Code Sec. 32.32. FALSE STATEMENT TO OBTAIN PROPERTY OR CREDIT OR IN THE PROVISION OF CERTAIN SERVICES.

  11. Tex. Penal Code Sec. 32.33. HINDERING SECURED CREDITORS.

  12. Tex. Penal Code Sec. 32.34. FRAUDULENT TRANSFER OF A MOTOR VEHICLE.

  13. Tex. Penal Code Sec. 32.35. CREDIT CARD TRANSACTION RECORD LAUNDERING.

  14. Tex. Penal Code Sec. 32.41. ISSUANCE OF BAD CHECK OR SIMILAR SIGHT ORDER.

  15. Tex. Penal Code Sec. 32.42. DECEPTIVE BUSINESS PRACTICES.

  16. Tex. Penal Code Sec. 32.43. COMMERCIAL BRIBERY.

  17. Tex. Penal Code Sec. 32.44. RIGGING PUBLICLY EXHIBITED CONTEST.

  18. Tex. Penal Code Sec. 32.441. ILLEGAL RECRUITMENT OF AN ATHLETE.

  19. Tex. Penal Code Sec. 32.45. MISAPPLICATION OF FIDUCIARY PROPERTY OR PROPERTY OF FINANCIAL INSTITUTION.

  20. Tex. Penal Code Sec. 32.46. FRAUDULENT SECURING OF DOCUMENT EXECUTION.

  21. Tex. Penal Code Sec. 32.47. FRAUDULENT DESTRUCTION, REMOVAL, OR CONCEALMENT OF WRITING.

  22. Tex. Penal Code Sec. 32.48. SIMULATING LEGAL PROCESS.

  23. Tex. Penal Code Sec. 32.49. REFUSAL TO EXECUTE RELEASE OF FRAUDULENT LIEN OR CLAIM.

  24. Tex. Penal Code Sec. 32.50. DECEPTIVE PREPARATION AND MARKETING OF ACADEMIC PRODUCT.

  25. Tex. Penal Code Sec. 32.51. FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION.

  26. Tex. Penal Code Sec. 32.52. FRAUDULENT, SUBSTANDARD, OR FICTITIOUS DEGREE.

  27. Tex. Penal Code Sec. 32.53. EXPLOITATION OF CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL.

  28. Tex. Penal Code Sec. 32.54. FRAUDULENT OR FICTITIOUS MILITARY RECORD.

  29. Tex. Penal Code Sec. 32.55. FINANCIAL ABUSE OF ELDERLY INDIVIDUAL.

  30. Tex. Penal Code Sec. 32.56. FRAUDULENT USE, POSSESSION, OR TAMPERING WITH GIFT CARD, GIFT CARD PACKAGING, OR GIFT CARD DATA OR REDEMPTION INFORMATION.

  31. Tex. Penal Code Sec. 32.57. FRAUDULENT SALE, RENTAL, OR LEASE OF RESIDENTIAL REAL PROPERTY.

  32. Tex. Penal Code Sec. 32.60. REAL PROPERTY FRAUD.

  33. Tex. Penal Code Sec. 32.61. MALICIOUS SOLICITATION OF DISASTER VICTIM OR FOR DISASTER RESPONSE OR RECOVERY.

Chapter 33

  1. Tex. Penal Code Sec. 33.01. DEFINITIONS. In this chapter:

  2. Tex. Penal Code Sec. 33.02. BREACH OF COMPUTER SECURITY.

  3. Tex. Penal Code Sec. 33.021. ONLINE SOLICITATION OF A MINOR.

  4. Tex. Penal Code Sec. 33.022. ELECTRONIC ACCESS INTERFERENCE.

  5. Tex. Penal Code Sec. 33.023. ELECTRONIC DATA TAMPERING.

  6. Tex. Penal Code Sec. 33.024. UNLAWFUL DECRYPTION.

  7. Tex. Penal Code Sec. 33.03. DEFENSES. It is an affirmative defense to prosecution under Section 33.02 or 33.022 that the actor was an officer, employee, or agent of a communication common carrier or electric utility and committed the proscribed act or acts in the course of employment while engaged in an activity that is a necessary incident to the rendition of service or to the protection of the rights or property of the communication common carrier or electric utility.

  8. Tex. Penal Code Sec. 33.04. ASSISTANCE BY ATTORNEY GENERAL. The attorney general, if requested to do so by a prosecuting attorney, may assist the prosecuting attorney in the investigation or prosecution of an offense under this chapter or of any other offense involving the use of a computer.

  9. Tex. Penal Code Sec. 33.05. TAMPERING WITH DIRECT RECORDING ELECTRONIC VOTING MACHINE.

  10. Tex. Penal Code Sec. 33.07. ONLINE IMPERSONATION.

Chapter 34

  1. Tex. Penal Code Sec. 34.01. DEFINITIONS. In this chapter:

  2. Tex. Penal Code Sec. 34.02. MONEY LAUNDERING.

  3. Tex. Penal Code Sec. 34.021. PROTECTION FROM CIVIL LIABILITY. Notwithstanding Section 1.03(c), a financial institution or an agent of the financial institution acting in a manner described by Section 34.02(c) is not liable for civil damages to a person who:

  4. Tex. Penal Code Sec. 34.03. ASSISTANCE BY ATTORNEY GENERAL. The attorney general, if requested to do so by a prosecuting attorney, may assist in the prosecution of an offense under this chapter.

Chapter 35

  1. Tex. Penal Code Sec. 35.01. DEFINITIONS. In this chapter:

  2. Tex. Penal Code Sec. 35.015. MATERIALITY. A statement is material for the purposes of this chapter, regardless of the admissibility of the statement at trial, if the statement could have affected:

  3. Tex. Penal Code Sec. 35.02. INSURANCE FRAUD.

  4. Tex. Penal Code Sec. 35.025. VALUE OF CLAIM.

  5. Tex. Penal Code Sec. 35.03. AGGREGATION AND MULTIPLE OFFENSES.

  6. Tex. Penal Code Sec. 35.04. JURISDICTION OF ATTORNEY GENERAL.

Chapter 36

  1. Tex. Penal Code Sec. 36.01. DEFINITIONS. In this chapter:

  2. Tex. Penal Code Sec. 36.02. BRIBERY.

  3. Tex. Penal Code Sec. 36.03. COERCION OF PUBLIC SERVANT OR VOTER.

  4. Tex. Penal Code Sec. 36.04. IMPROPER INFLUENCE.

  5. Tex. Penal Code Sec. 36.05. TAMPERING WITH WITNESS.

  6. Tex. Penal Code Sec. 36.06. OBSTRUCTION OR RETALIATION.

  7. Tex. Penal Code Sec. 36.07. ACCEPTANCE OF HONORARIUM.

  8. Tex. Penal Code Sec. 36.08. GIFT TO PUBLIC SERVANT BY PERSON SUBJECT TO HIS JURISDICTION.

  9. Tex. Penal Code Sec. 36.09. OFFERING GIFT TO PUBLIC SERVANT.

  10. Tex. Penal Code Sec. 36.10. NON-APPLICABLE.

Chapter 37

  1. Tex. Penal Code Sec. 37.01. DEFINITIONS. In this chapter:

  2. Tex. Penal Code Sec. 37.02. PERJURY.

  3. Tex. Penal Code Sec. 37.03. AGGRAVATED PERJURY.

  4. Tex. Penal Code Sec. 37.04. MATERIALITY.

  5. Tex. Penal Code Sec. 37.05. RETRACTION. It is a defense to prosecution under Section 37.03 (Aggravated Perjury) that the actor retracted his false statement:

  6. Tex. Penal Code Sec. 37.06. INCONSISTENT STATEMENTS. An information or indictment for perjury under Section 37.02 or aggravated perjury under Section 37.03 that alleges that the declarant has made statements under oath, both of which cannot be true, need not allege which statement is false. At the trial the prosecution need not prove which statement is false.

  7. Tex. Penal Code Sec. 37.07. IRREGULARITIES NO DEFENSE.

  8. Tex. Penal Code Sec. 37.08. FALSE REPORT TO PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, LAW ENFORCEMENT EMPLOYEE, CORRECTIONS OFFICER, OR JAILER.

  9. Tex. Penal Code Sec. 37.081. FALSE REPORT REGARDING MISSING CHILD OR MISSING PERSON.

  10. Tex. Penal Code Sec. 37.082. MISREPRESENTING CHILD AS FAMILY MEMBER AT PORT OF ENTRY.

  11. Tex. Penal Code Sec. 37.09. TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE.

  12. Tex. Penal Code Sec. 37.10. TAMPERING WITH GOVERNMENTAL RECORD.

  13. Tex. Penal Code Sec. 37.101. FRAUDULENT FILING OF FINANCING STATEMENT.

  14. Tex. Penal Code Sec. 37.11. IMPERSONATING PUBLIC SERVANT.

  15. Tex. Penal Code Sec. 37.12. FALSE IDENTIFICATION AS PEACE OFFICER; MISREPRESENTATION OF PROPERTY.

  16. Tex. Penal Code Sec. 37.13. RECORD OF A FRAUDULENT COURT.

  17. Tex. Penal Code Sec. 37.14. FALSE STATEMENT REGARDING CHILD CUSTODY DETERMINATION MADE IN FOREIGN COUNTRY.

Chapter 38

  1. Tex. Penal Code Sec. 38.01. DEFINITIONS. In this chapter:

  2. Tex. Penal Code Sec. 38.02. FAILURE TO IDENTIFY.

  3. Tex. Penal Code Sec. 38.03. RESISTING ARREST, SEARCH, OR TRANSPORTATION.

  4. Tex. Penal Code Sec. 38.04. EVADING ARREST OR DETENTION.

  5. Tex. Penal Code Sec. 38.05. HINDERING APPREHENSION OR PROSECUTION.

  6. Tex. Penal Code Sec. 38.06. ESCAPE.

  7. Tex. Penal Code Sec. 38.07. PERMITTING OR FACILITATING ESCAPE.

  8. Tex. Penal Code Sec. 38.08. EFFECT OF UNLAWFUL CUSTODY. It is no defense to prosecution under Section 38.06 or 38.07 that the custody was unlawful.

  9. Tex. Penal Code Sec. 38.09. IMPLEMENTS FOR ESCAPE.

  10. Tex. Penal Code Sec. 38.10. BAIL JUMPING AND FAILURE TO APPEAR.

  11. Tex. Penal Code Sec. 38.11. PROHIBITED SUBSTANCES AND ITEMS IN CORRECTIONAL OR CIVIL COMMITMENT FACILITY.

  12. Tex. Penal Code Sec. 38.111. IMPROPER CONTACT WITH VICTIM.

  13. Tex. Penal Code Sec. 38.112. TAMPERING WITH ELECTRONIC MONITORING DEVICE.

  14. Tex. Penal Code Sec. 38.113. UNAUTHORIZED ABSENCE FROM COMMUNITY CORRECTIONS FACILITY, COUNTY CORRECTIONAL CENTER, OR ASSIGNMENT SITE.

  15. Tex. Penal Code Sec. 38.114. CONTRABAND IN CORRECTIONAL FACILITY.

  16. Tex. Penal Code Sec. 38.115. OPERATION OF UNMANNED AIRCRAFT OVER CORRECTIONAL FACILITY OR DETENTION FACILITY.

  17. Tex. Penal Code Sec. 38.12. BARRATRY AND SOLICITATION OF PROFESSIONAL EMPLOYMENT.

  18. Tex. Penal Code Sec. 38.122. FALSELY HOLDING ONESELF OUT AS A LAWYER.

  19. Tex. Penal Code Sec. 38.123. UNAUTHORIZED PRACTICE OF LAW.

  20. Tex. Penal Code Sec. 38.13. HINDERING PROCEEDINGS BY DISORDERLY CONDUCT.

  21. Tex. Penal Code Sec. 38.14. TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, EMPLOYEE OR OFFICIAL OF CORRECTIONAL FACILITY, PAROLE OFFICER, COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER.

  22. Tex. Penal Code Sec. 38.15. INTERFERENCE WITH PUBLIC DUTIES.

  23. Tex. Penal Code Sec. 38.151. INTERFERENCE WITH POLICE SERVICE ANIMALS.

  24. Tex. Penal Code Sec. 38.152. INTERFERENCE WITH RADIO FREQUENCY LICENSED TO GOVERNMENT ENTITY.

  25. Tex. Penal Code Sec. 38.16. PREVENTING EXECUTION OF CIVIL PROCESS.

  26. Tex. Penal Code Sec. 38.17. FAILURE TO STOP OR REPORT SEXUAL OR ASSAULTIVE OFFENSE AGAINST CHILD.

  27. Tex. Penal Code Sec. 38.171. FAILURE TO REPORT FELONY.

  28. Tex. Penal Code Sec. 38.172. FAILURE TO REPORT ASSAULT, NEGLECT, OR OMISSION OF CARE IN CERTAIN GROUP HOMES.

  29. Tex. Penal Code Sec. 38.18. USE OF COLLISION REPORT INFORMATION AND OTHER INFORMATION FOR PECUNIARY GAIN.

  30. Tex. Penal Code Sec. 38.19. FAILURE TO PROVIDE NOTICE AND REPORT OF DEATH OF RESIDENT OF INSTITUTION.

Chapter 39

  1. Tex. Penal Code Sec. 39.01. DEFINITIONS. In this chapter:

  2. Tex. Penal Code Sec. 39.015. CONCURRENT JURISDICTION TO PROSECUTE OFFENSES UNDER THIS CHAPTER. With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this chapter.

  3. Tex. Penal Code Sec. 39.02. ABUSE OF OFFICIAL CAPACITY.

  4. Tex. Penal Code Sec. 39.03. OFFICIAL OPPRESSION.

  5. Tex. Penal Code Sec. 39.04. VIOLATIONS OF THE CIVIL RIGHTS OF PERSON IN CUSTODY; IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY OR UNDER SUPERVISION.

  6. Tex. Penal Code Sec. 39.041. IMPROPER SEXUAL ACTIVITY WITH COMMITTED PERSON.

  7. Tex. Penal Code Sec. 39.05. FAILURE TO REPORT DEATH OF PRISONER.

  8. Tex. Penal Code Sec. 39.06. MISUSE OF OFFICIAL INFORMATION.

  9. Tex. Penal Code Sec. 39.07. FAILURE TO COMPLY WITH IMMIGRATION DETAINER REQUEST.

Chapter 42

  1. Tex. Penal Code Sec. 42.01. DISORDERLY CONDUCT.

  2. Tex. Penal Code Sec. 42.02. RIOT.

  3. Tex. Penal Code Sec. 42.03. OBSTRUCTING HIGHWAY OR OTHER PASSAGEWAY.

  4. Tex. Penal Code Sec. 42.04. DEFENSE WHEN CONDUCT CONSISTS OF SPEECH OR OTHER EXPRESSION.

  5. Tex. Penal Code Sec. 42.05. DISRUPTING MEETING OR PROCESSION.

  6. Tex. Penal Code Sec. 42.055. FUNERAL SERVICE DISRUPTIONS.

  7. Tex. Penal Code Sec. 42.06. FALSE ALARM OR REPORT.

  8. Tex. Penal Code Sec. 42.0601. FALSE REPORT TO INDUCE EMERGENCY RESPONSE.

  9. Tex. Penal Code Sec. 42.061. SILENT OR ABUSIVE CALLS TO 9-1-1 SERVICE.

  10. Tex. Penal Code Sec. 42.062. INTERFERENCE WITH EMERGENCY REQUEST FOR ASSISTANCE.

  11. Tex. Penal Code Sec. 42.07. HARASSMENT.

  12. Tex. Penal Code Sec. 42.072. STALKING.

  13. Tex. Penal Code Sec. 42.074. UNLAWFUL DISCLOSURE OF RESIDENCE ADDRESS OR TELEPHONE NUMBER.

  14. Tex. Penal Code Sec. 42.075. DISCLOSURE OF CONFIDENTIAL INFORMATION REGARDING FAMILY VIOLENCE OR VICTIMS OF TRAFFICKING SHELTER CENTER.

  15. Tex. Penal Code Sec. 42.08. ABUSE OF CORPSE.

  16. Tex. Penal Code Sec. 42.09. CRUELTY TO LIVESTOCK ANIMALS.

  17. Tex. Penal Code Sec. 42.091. ATTACK ON ASSISTANCE ANIMAL.

  18. Tex. Penal Code Sec. 42.092. CRUELTY TO NONLIVESTOCK ANIMALS.

  19. Tex. Penal Code Sec. 42.10. DOG FIGHTING.

  20. Tex. Penal Code Sec. 42.105. COCKFIGHTING.

  21. Tex. Penal Code Sec. 42.107. POSSESSION OF ANIMAL BY PERSON CONVICTED OF ANIMAL CRUELTY.

  22. Tex. Penal Code Sec. 42.11. DESTRUCTION OF FLAG.

  23. Tex. Penal Code Sec. 42.12. DISCHARGE OF FIREARM IN CERTAIN MUNICIPALITIES.

  24. Tex. Penal Code Sec. 42.13. USE OF LASER POINTERS.

  25. Tex. Penal Code Sec. 42.14. ILLUMINATION OF AIRCRAFT BY INTENSE LIGHT.

  26. Tex. Penal Code Sec. 42.15. OPERATION OF UNMANNED AIRCRAFT OVER AIRPORT, MILITARY INSTALLATION, OR SPACEPORT.

Chapter 43

  1. Tex. Penal Code Sec. 43.01. DEFINITIONS. In this subchapter:

  2. Tex. Penal Code Sec. 43.02. PROSTITUTION.

  3. Tex. Penal Code Sec. 43.021. SOLICITATION OF PROSTITUTION.

  4. Tex. Penal Code Sec. 43.03. PROMOTION OF PROSTITUTION.

  5. Tex. Penal Code Sec. 43.031. ONLINE PROMOTION OF PROSTITUTION.

  6. Tex. Penal Code Sec. 43.032. CONTINUOUS PROMOTION OF PROSTITUTION.

  7. Tex. Penal Code Sec. 43.04. AGGRAVATED PROMOTION OF PROSTITUTION.

  8. Tex. Penal Code Sec. 43.041. AGGRAVATED ONLINE PROMOTION OF PROSTITUTION.

  9. Tex. Penal Code Sec. 43.05. COMPELLING PROSTITUTION.

  10. Tex. Penal Code Sec. 43.06. ACCOMPLICE WITNESS; TESTIMONY AND IMMUNITY.

  11. Tex. Penal Code Sec. 43.21. DEFINITIONS.

  12. Tex. Penal Code Sec. 43.22. OBSCENE DISPLAY OR DISTRIBUTION.

  13. Tex. Penal Code Sec. 43.23. OBSCENITY.

  14. Tex. Penal Code Sec. 43.231. PROMOTION OR POSSESSION OF CHILD-LIKE SEX DOLL.

  15. Tex. Penal Code Sec. 43.235. POSSESSION, PROMOTION, OR PRODUCTION OF CERTAIN VISUAL MATERIAL APPEARING TO DEPICT CHILD.

  16. Tex. Penal Code Sec. 43.24. SALE, DISTRIBUTION, OR DISPLAY OF HARMFUL MATERIAL TO MINOR.

  17. Tex. Penal Code Sec. 43.25. SEXUAL PERFORMANCE BY A CHILD.

  18. Tex. Penal Code Sec. 43.251. EMPLOYMENT HARMFUL TO CHILDREN.

  19. Tex. Penal Code Sec. 43.26. POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY.

  20. Tex. Penal Code Sec. 43.261. ELECTRONIC TRANSMISSION OF CERTAIN VISUAL MATERIAL DEPICTING MINOR.

  21. Tex. Penal Code Sec. 43.262. POSSESSION OR PROMOTION OF LEWD VISUAL MATERIAL DEPICTING CHILD.

  22. Tex. Penal Code Sec. 43.27. DUTY TO REPORT.

  23. Tex. Penal Code Sec. 43.28. CERTAIN SEXUALLY ORIENTED PERFORMANCES PROHIBITED.

Chapter 46

  1. Tex. Penal Code Sec. 46.01. DEFINITIONS. In this chapter:

  2. Tex. Penal Code Sec. 46.02. UNLAWFUL CARRYING WEAPONS.

  3. Tex. Penal Code Sec. 46.03. PLACES WEAPONS PROHIBITED.

  4. Tex. Penal Code Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.

  5. Tex. Penal Code Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM.

  6. Tex. Penal Code Sec. 46.041. UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON.

  7. Tex. Penal Code Sec. 46.05. PROHIBITED WEAPONS.

  8. Tex. Penal Code Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS.

  9. Tex. Penal Code Sec. 46.07. INTERSTATE PURCHASE. A resident of this state may, if not otherwise precluded by law, purchase firearms, ammunition, reloading components, or firearm accessories in another state. This authorization is enacted in conformance with 18 U.S.C. Section 922(b)(3)(A).

  10. Tex. Penal Code Sec. 46.08. HOAX BOMBS.

  11. Tex. Penal Code Sec. 46.09. COMPONENTS OF EXPLOSIVES.

  12. Tex. Penal Code Sec. 46.10. DEADLY WEAPON IN PENAL INSTITUTION.

  13. Tex. Penal Code Sec. 46.11. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE.

  14. Tex. Penal Code Sec. 46.12. MAPS AS EVIDENCE OF LOCATION OR AREA.

  15. Tex. Penal Code Sec. 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD.

  16. Tex. Penal Code Sec. 46.14. FIREARM SMUGGLING.

  17. Tex. Penal Code Sec. 46.15. NONAPPLICABILITY.

Chapter 47

  1. Tex. Penal Code Sec. 47.01. DEFINITIONS. In this chapter:

  2. Tex. Penal Code Sec. 47.02. GAMBLING.

  3. Tex. Penal Code Sec. 47.03. GAMBLING PROMOTION.

  4. Tex. Penal Code Sec. 47.04. KEEPING A GAMBLING PLACE.

  5. Tex. Penal Code Sec. 47.05. COMMUNICATING GAMBLING INFORMATION.

  6. Tex. Penal Code Sec. 47.06. POSSESSION OF GAMBLING DEVICE, EQUIPMENT, OR PARAPHERNALIA.

  7. Tex. Penal Code Sec. 47.07. EVIDENCE. In any prosecution under this chapter in which it is relevant to prove the occurrence of a sporting event, a published report of its occurrence in a daily newspaper, magazine, or other periodically printed publication of general circulation shall be admissible in evidence and is prima facie evidence that the event occurred.

  8. Tex. Penal Code Sec. 47.08. TESTIMONIAL IMMUNITY.

  9. Tex. Penal Code Sec. 47.09. OTHER DEFENSES.

  10. Tex. Penal Code Sec. 47.10. AMERICAN DOCUMENTATION OF VESSEL REQUIRED. If 18 U.S.C. Section 1082 is repealed, the affirmative defenses provided by Section 47.09(b) apply only if the vessel is documented under the laws of the United States.

  11. Tex. Penal Code Sec. 47.11. DEPOSITS IN CERTAIN ACCOUNTS NOT CONSIDERATION. For purposes of this chapter, opening or making a deposit in a savings account or other savings program subject to a savings promotion raffle under Chapter 280, Finance Code, does not constitute consideration.

Chapter 48

  1. Tex. Penal Code Sec. 48.01. SMOKING TOBACCO.

  2. Tex. Penal Code Sec. 48.015. PROHIBITIONS RELATING TO CERTAIN CIGARETTES.

  3. Tex. Penal Code Sec. 48.02. PROHIBITION OF THE PURCHASE AND SALE OF HUMAN ORGANS.

  4. Tex. Penal Code Sec. 48.03. PROHIBITION ON PURCHASE AND SALE OF HUMAN FETAL TISSUE.

  5. Tex. Penal Code Sec. 48.04. PROHIBITION ON PURCHASE AND SALE OF ADULT STEM CELLS FOR CERTAIN INVESTIGATIONAL TREATMENTS.

  6. Tex. Penal Code Sec. 48.05. PROHIBITED CAMPING.

Chapter 49

  1. Tex. Penal Code Sec. 49.01. DEFINITIONS. In this chapter:

  2. Tex. Penal Code Sec. 49.02. PUBLIC INTOXICATION.

  3. Tex. Penal Code Sec. 49.031. POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE.

  4. Tex. Penal Code Sec. 49.04. DRIVING WHILE INTOXICATED.

  5. Tex. Penal Code Sec. 49.045. DRIVING WHILE INTOXICATED WITH CHILD PASSENGER.

  6. Tex. Penal Code Sec. 49.05. FLYING WHILE INTOXICATED.

  7. Tex. Penal Code Sec. 49.06. BOATING WHILE INTOXICATED.

  8. Tex. Penal Code Sec. 49.061. BOATING WHILE INTOXICATED WITH CHILD PASSENGER.

  9. Tex. Penal Code Sec. 49.065. ASSEMBLING OR OPERATING AN AMUSEMENT RIDE WHILE INTOXICATED.

  10. Tex. Penal Code Sec. 49.07. INTOXICATION ASSAULT.

  11. Tex. Penal Code Sec. 49.08. INTOXICATION MANSLAUGHTER.

  12. Tex. Penal Code Sec. 49.09. ENHANCED OFFENSES AND PENALTIES.

  13. Tex. Penal Code Sec. 49.10. NO DEFENSE. In a prosecution under Section 49.031, 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, the fact that the defendant is or has been entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance is not a defense.

  14. Tex. Penal Code Sec. 49.11. PROOF OF MENTAL STATE UNNECESSARY.

  15. Tex. Penal Code Sec. 49.12. APPLICABILITY TO CERTAIN CONDUCT. Sections 49.07 and 49.08 do not apply to injury to or the death of an unborn child if the conduct charged is conduct committed by the mother of the unborn child.

Chapter 50

  1. Tex. Penal Code Sec. 50.01. DEFINITIONS. In this chapter:

  2. Tex. Penal Code Sec. 50.02. UNLAWFUL USE OF FIREWORKS.

Chapter 51

  1. Tex. Penal Code Sec. 51.01. DEFINITIONS. In this chapter:

  2. Tex. Penal Code Sec. 51.02. ILLEGAL ENTRY FROM FOREIGN NATION.

  3. Tex. Penal Code Sec. 51.03. ILLEGAL REENTRY BY CERTAIN ALIENS.

  4. Tex. Penal Code Sec. 51.04. REFUSAL TO COMPLY WITH ORDER TO RETURN TO FOREIGN NATION.

Chapter 71

  1. Tex. Penal Code Sec. 71.01. DEFINITIONS. In this chapter,

  2. Tex. Penal Code Sec. 71.02. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY.

  3. Tex. Penal Code Sec. 71.021. VIOLATION OF COURT ORDER ENJOINING ORGANIZED CRIMINAL ACTIVITY.

  4. Tex. Penal Code Sec. 71.022. COERCING, INDUCING, OR SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG OR FOREIGN TERRORIST ORGANIZATION.

  5. Tex. Penal Code Sec. 71.023. DIRECTING ACTIVITIES OF CRIMINAL STREET GANGS OR FOREIGN TERRORIST ORGANIZATIONS.

  6. Tex. Penal Code Sec. 71.028. GANG-FREE ZONES.

  7. Tex. Penal Code Sec. 71.029. MAPS AS EVIDENCE OF LOCATION OR AREA.

  8. Tex. Penal Code Sec. 71.03. DEFENSES EXCLUDED. It is no defense to prosecution under Section 71.02 that:

  9. Tex. Penal Code Sec. 71.04. TESTIMONIAL IMMUNITY.

  10. Tex. Penal Code Sec. 71.05. RENUNCIATION DEFENSE.

Chapter 72

  1. Tex. Penal Code Sec. 72.01. DEFINITIONS. In this chapter:

  2. Tex. Penal Code Sec. 72.02. USE OF PROCEEDS DERIVED FROM RACKETEERING OR UNLAWFUL DEBT COLLECTION.

  3. Tex. Penal Code Sec. 72.03. ACQUISITION OF INTEREST IN PROPERTY OR CONTROL OF ENTERPRISE THROUGH RACKETEERING OR UNLAWFUL DEBT COLLECTION.

  4. Tex. Penal Code Sec. 72.04. PARTICIPATION IN ENTERPRISE THROUGH RACKETEERING OR UNLAWFUL DEBT COLLECTION.

  5. Tex. Penal Code Sec. 72.05. ALTERNATIVE FINE. Notwithstanding any other law, a court, after a hearing, may impose a fine, instead of an otherwise applicable fine, on a person convicted of an offense under Section 72.02, 72.03, or 72.04, through which the person derived pecuniary value or by which the person caused personal injury, property damage, or other loss, that does not exceed:

Chapter 76

  1. Tex. Penal Code Sec. 76.01. DEFINITIONS. In this chapter:

  2. Tex. Penal Code Sec. 76.02. TERRORISM.

  3. Tex. Penal Code Sec. 76.03. AIDING IN COMMISSION OF TERRORISM.

  4. Tex. Penal Code Sec. 76.04. HINDERING PROSECUTION OF TERRORISM.

  5. Tex. Penal Code Sec. 76.045. TRANSNATIONAL REPRESSION.

  6. Tex. Penal Code Sec. 76.046. UNAUTHORIZED ENFORCEMENT OF FOREIGN LAW.

  7. Tex. Penal Code Sec. 76.05. ASSISTANCE BY ATTORNEY GENERAL.

Property

Chapter 1

  1. Tex. Property Code Sec. 1.001. PURPOSE OF CODE.

  2. Tex. Property Code Sec. 1.002. CONSTRUCTION OF CODE. The Code Construction Act (Chapter 311, Government Code) applies to the construction of each provision in this code, except as otherwise expressly provided by this code.

  3. Tex. Property Code Sec. 1.003. INTERNAL REFERENCES. In this code:

  4. Tex. Property Code Sec. 1.004. PREEMPTION.

Chapter 2

  1. Tex. Property Code Sec. 2.001. MANUFACTURED HOUSING.

  2. Tex. Property Code Sec. 2.002. DRY FIRE HYDRANTS: AGREEMENT IS PERSONAL.

Chapter 5

  1. Tex. Property Code Sec. 5.001. FEE SIMPLE.

  2. Tex. Property Code Sec. 5.002. FAILING AS A CONVEYANCE. An instrument intended as a conveyance of real property or an interest in real property that, because of this chapter, fails as a conveyance in whole or in part is enforceable to the extent permitted by law as a contract to convey the property or interest.

  3. Tex. Property Code Sec. 5.003. PARTIAL CONVEYANCE.

  4. Tex. Property Code Sec. 5.004. CONVEYANCE BY AUTHORIZED OFFICER.

  5. Tex. Property Code Sec. 5.005. ALIENS. Except as provided by Subchapter H, an alien has the same real and personal property rights as a United States citizen.

  6. Tex. Property Code Sec. 5.006. ATTORNEY'S FEES IN BREACH OF RESTRICTIVE COVENANT ACTION.

  7. Tex. Property Code Sec. 5.007. VENDOR AND PURCHASER RISK ACT.

  8. Tex. Property Code Sec. 5.008. SELLER'S DISCLOSURE OF PROPERTY CONDITION.

  9. Tex. Property Code Sec. 5.009. DUTIES OF LIFE TENANT.

  10. Tex. Property Code Sec. 5.010. NOTICE OF ADDITIONAL TAX LIABILITY.

  11. Tex. Property Code Sec. 5.011. SELLER'S DISCLOSURE REGARDING POTENTIAL ANNEXATION.

  12. Section 207.003, Property Code, entitles an owner to receive copies of any document that governs the establishment, maintenance, or operation of a subdivision, including, but not limited to, restrictions, bylaws, rules and regulations, and a resale certificate from a property owners' association. A resale certificate contains information including, but not limited to, statements specifying the amount and frequency of regular assessments and the style and cause number of lawsuits to which the property owners' association is a party, other than lawsuits relating to unpaid ad valorem taxes of an individual member of the association. These documents must be made available to you by the property owners' association or the association's agent on your request.

  13. Tex. Property Code Sec. 5.012. NOTICE OF OBLIGATIONS RELATED TO MEMBERSHIP IN PROPERTY OWNERS' ASSOCIATION.

  14. Tex. Property Code Sec. 5.013. SELLER'S DISCLOSURE OF LOCATION OF CONDITIONS UNDER SURFACE OF UNIMPROVED REAL PROPERTY.

  15. Tex. Property Code Sec. 5.014. NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT.

  16. Tex. Property Code Sec. 5.0141. NOTICE REQUIRED BEFORE CONTRACT EXECUTION.

  17. Tex. Property Code Sec. 5.0142. PURCHASER SIGNATURE REQUIRED. The purchaser shall sign the notice required by Section 5.014 or the purchase contract including the notice to evidence the receipt of notice.

  18. Tex. Property Code Sec. 5.0143. RECORDING OF NOTICE AT CLOSING. At the closing of purchase and sale, a separate copy of the notice required by Section 5.014 with current information shall be executed by the seller and purchaser, acknowledged, and recorded in the deed records of the county in which the property is located.

  19. Tex. Property Code Sec. 5.0144. RELIANCE ON FILED SERVICE PLAN.

  20. Tex. Property Code Sec. 5.0145. SUITS FOR DAMAGES.

  21. Tex. Property Code Sec. 5.015. PROHIBITED FEES. A person who has a right of first refusal in real property that is a condominium subject to Chapter 81 or Chapter 82 may not charge a fee for declining to exercise that right, such as a fee for providing written evidence of the declination.

  22. Tex. Property Code Sec. 5.016. CONVEYANCE OF RESIDENTIAL PROPERTY ENCUMBERED BY LIEN.

  23. Tex. Property Code Sec. 5.019. NOTICE OF WATER LEVEL FLUCTUATIONS.

  24. Tex. Property Code Sec. 5.020. EASEMENTS RESTRICTING POSSESSION OF FIREARMS OR ALCOHOLIC BEVERAGES PROHIBITED.

  25. Tex. Property Code Sec. 5.0205. EQUITABLE INTEREST DISCLOSURE. Before entering into a contract to sell an option or assign an interest in a contract to purchase real property, a person must disclose in writing to:

  26. Tex. Property Code Sec. 5.0206. OWNER'S AFFIDAVIT REGARDING PURPORTED CONVEYANCE OF TITLE OR INTEREST.

  27. Tex. Property Code Sec. 5.0207. EFFECT OF CERTAIN COURT FINDINGS ON PURPORTED CONVEYANCE OF TITLE OR INTEREST. A bona fide purchaser or a mortgagee for value or a successor or assign of a bona fide purchaser or mortgagee for value may rely conclusively on a determination in a district court's finding of fact and conclusion of law recorded under Section 51.9035, Government Code, that a document or instrument does not convey title to or an interest in the real property described in the document or instrument.

  28. Tex. Property Code Sec. 5.021. INSTRUMENT OF CONVEYANCE. A conveyance of an estate of inheritance, a freehold, or an estate for more than one year, in land and tenements, must be in writing and must be subscribed and delivered by the conveyor or by the conveyor's agent authorized in writing.

  29. Tex. Property Code Sec. 5.022. FORM.

  30. Tex. Property Code Sec. 5.023. IMPLIED COVENANTS.

  31. Tex. Property Code Sec. 5.024. ENCUMBRANCES. "Encumbrance" includes a tax, an assessment, and a lien on real property.

  32. Tex. Property Code Sec. 5.025. WOOD SHINGLE ROOF. To the extent that a deed restriction applicable to a structure on residential property requires the use of a wood shingle roof, the restriction is void.

  33. Tex. Property Code Sec. 5.026. DISCRIMINATORY PROVISIONS.

  34. Tex. Property Code Sec. 5.0261. REMOVAL OF DISCRIMINATORY PROVISION FROM RECORDED CONVEYANCE INSTRUMENT.

  35. Tex. Property Code Sec. 5.027. CORRECTION INSTRUMENTS: GENERALLY.

  36. Tex. Property Code Sec. 5.028. CORRECTION INSTRUMENTS: NONMATERIAL CORRECTIONS.

  37. Tex. Property Code Sec. 5.029. CORRECTION INSTRUMENTS: MATERIAL CORRECTIONS.

  38. Tex. Property Code Sec. 5.030. CORRECTION INSTRUMENT: EFFECT.

  39. Tex. Property Code Sec. 5.031. CORRECTION INSTRUMENTS RECORDED BEFORE SEPTEMBER 1, 2011. A correction instrument recorded before September 1, 2011, that substantially complies with Section 5.028 or 5.029 and that purports to correct a recorded original instrument of conveyance is effective to the same extent as provided by Section 5.030 unless a court of competent jurisdiction renders a final judgment determining that the correction instrument does not substantially comply with Section 5.028 or 5.029.

  40. Tex. Property Code Sec. 5.041. FUTURE ESTATES. A person may make an inter vivos conveyance of an estate of freehold or inheritance that commences in the future, in the same manner as by a will.

  41. Tex. Property Code Sec. 5.042. ABOLITION OF COMMON-LAW RULES.

  42. Tex. Property Code Sec. 5.043. REFORMATION OF INTERESTS VIOLATING RULE AGAINST PERPETUITIES.

  43. Tex. Property Code Sec. 5.061. DEFINITION. In this subchapter, "default" means the failure to:

  44. Tex. Property Code Sec. 5.062. APPLICABILITY.

  45. Tex. Property Code Sec. 5.0621. CONSTRUCTION WITH OTHER LAW.

  46. Tex. Property Code Sec. 5.0622. ADDITIONAL APPLICABILITY: CERTAIN COUNTIES.

  47. Tex. Property Code Sec. 5.063. NOTICE.

  48. Tex. Property Code Sec. 5.064. SELLER'S REMEDIES ON DEFAULT. A seller may enforce the remedy of rescission or of forfeiture and acceleration against a purchaser in default under an executory contract for conveyance of real property only if:

  49. Tex. Property Code Sec. 5.065. RIGHT TO CURE DEFAULT. Notwithstanding an agreement to the contrary, a purchaser in default under an executory contract for the conveyance of real property may avoid the enforcement of a remedy described by Section 5.064 by complying with the terms of the contract on or before the 30th day after the date notice is given under that section.

  50. Tex. Property Code Sec. 5.066. EQUITY PROTECTION; SALE OF PROPERTY.

  51. Tex. Property Code Sec. 5.067. PLACEMENT OF LIEN FOR UTILITY SERVICE. Notwithstanding any terms of a contract to the contrary, the placement of a lien for the reasonable value of improvements to residential real estate for purposes of providing utility service to the property shall not constitute a default under the terms of an executory contract for the purchase of the real property.

  52. Tex. Property Code Sec. 5.068. FOREIGN LANGUAGE REQUIREMENT. If the negotiations that precede the execution of an executory contract are conducted primarily in a language other than English, the seller shall provide a copy in that language of all written documents relating to the transaction, including the contract, disclosure notices, annual accounting statements, and a notice of default required by this subchapter.

  53. Tex. Property Code Sec. 5.069. SELLER'S DISCLOSURE OF PROPERTY CONDITION.

  54. Tex. Property Code Sec. 5.070. SELLER'S DISCLOSURE OF TAX PAYMENTS AND INSURANCE COVERAGE.

  55. Tex. Property Code Sec. 5.071. SELLER'S DISCLOSURE OF FINANCING TERMS. Before an executory contract is signed by the purchaser, the seller shall provide to the purchaser a written statement that specifies:

  56. Tex. Property Code Sec. 5.072. ORAL AGREEMENTS PROHIBITED.

  57. Tex. Property Code Sec. 5.073. CONTRACT TERMS, CERTAIN WAIVERS PROHIBITED.

  58. Tex. Property Code Sec. 5.074. PURCHASER'S RIGHT TO CANCEL CONTRACT WITHOUT CAUSE.

  59. Tex. Property Code Sec. 5.075. PURCHASER'S RIGHT TO PLEDGE INTEREST IN PROPERTY ON CONTRACTS ENTERED INTO BEFORE SEPTEMBER 1, 2001.

  60. Tex. Property Code Sec. 5.076. RECORDING REQUIREMENTS.

  61. Tex. Property Code Sec. 5.077. ANNUAL ACCOUNTING STATEMENT.

  62. Tex. Property Code Sec. 5.078. DISPOSITION OF INSURANCE PROCEEDS.

  63. Tex. Property Code Sec. 5.079. TITLE TRANSFER.

  64. Tex. Property Code Sec. 5.080. LIABILITY FOR DISCLOSURES. For purposes of this subchapter, a disclosure required by this subchapter that is made by a seller's agent is a disclosure made by the seller.

  65. Tex. Property Code Sec. 5.081. RIGHT TO CONVERT CONTRACT.

  66. Tex. Property Code Sec. 5.082. REQUEST FOR BALANCE AND TRUSTEE.

  67. Tex. Property Code Sec. 5.083. RIGHT TO CANCEL CONTRACT FOR IMPROPER PLATTING.

  68. Tex. Property Code Sec. 5.084. RIGHT TO DEDUCT. If a seller is liable to a purchaser under this subchapter, the purchaser, without taking judicial action, may deduct the amount owed to the purchaser by the seller from any amounts owed to the seller by the purchaser under the terms of an executory contract.

  69. Tex. Property Code Sec. 5.085. FEE SIMPLE TITLE REQUIRED; MAINTENANCE OF FEE SIMPLE TITLE.

  70. Tex. Property Code Sec. 5.087. ADDITIONAL PROVISIONS: CERTAIN COUNTIES.

  71. Tex. Property Code Sec. 5.151. DISCLOSURE IN OFFER TO PURCHASE MINERAL INTEREST.

  72. Tex. Property Code Sec. 5.152. CERTAIN PURCHASES OF MINERAL OR ROYALTY INTERESTS VOID.

  73. Tex. Property Code Sec. 5.201. DEFINITIONS. In this subchapter:

  74. Tex. Property Code Sec. 5.202. CERTAIN PRIVATE TRANSFER FEE OBLIGATIONS VOID.

  75. Tex. Property Code Sec. 5.203. NOTICE REQUIREMENTS FOR CONTINUATION OF EXISTING PRIVATE TRANSFER FEE OBLIGATIONS.

  76. Tex. Property Code Sec. 5.204. ADDITIONAL COMPLIANCE REQUIREMENT: TIMELY ACCEPTANCE OF FEES PAID UNDER EXISTING PRIVATE TRANSFER FEE OBLIGATIONS.

  77. Tex. Property Code Sec. 5.205. DISCLOSURE OF EXISTING TRANSFER FEE OBLIGATION REQUIRED IN CONTRACT FOR SALE. A seller of real property that may be subject to a private transfer fee obligation shall provide written notice to a potential purchaser stating that the obligation may be governed by this subchapter.

  78. Tex. Property Code Sec. 5.206. WAIVER VOID. A provision that purports to waive a purchaser's rights under this subchapter is void.

  79. Tex. Property Code Sec. 5.207. INJUNCTIVE OR DECLARATORY RELIEF; PROVIDING PENALTIES.

  80. Tex. Property Code Sec. 5.208. VENUE. Notwithstanding any other law, an action brought under this subchapter, other than an action brought by the attorney general, must be brought in the county in which the real property is located.

  81. Tex. Property Code Sec. 5.251. DEFINITIONS. In this subchapter:

  82. Tex. Property Code Sec. 5.252. EXCEPTIONS: UNITED STATES CITIZENS AND LAWFUL RESIDENTS; CERTAIN ENTITIES OWNED OR CONTROLLED BY UNITED STATES CITIZENS OR LAWFUL RESIDENTS; LEASEHOLD. This subchapter does not apply to:

  83. Tex. Property Code Sec. 5.253. PROHIBITION ON PURCHASE OR ACQUISITION OF REAL PROPERTY. Notwithstanding any other law, the following may not purchase or otherwise acquire an interest in real property in this state:

  84. Tex. Property Code Sec. 5.254. DESIGNATION OF COUNTRY OR ENTITY AS SUBJECT TO PROHIBITION ON PURCHASE OR ACQUISITION OF REAL PROPERTY.

  85. Tex. Property Code Sec. 5.255. INVESTIGATION AND ENFORCEMENT BY ATTORNEY GENERAL; LAW ENFORCEMENT REFERRAL.

  86. Tex. Property Code Sec. 5.256. ATTORNEY GENERAL INVESTIGATION AND DISCOVERY; SECRETARY OF STATE INTERROGATORIES AND RECORDS.

  87. Tex. Property Code Sec. 5.257. DIVESTITURE; APPOINTMENT OF RECEIVER; DISTRIBUTION OF SALE PROCEEDS.

  88. Tex. Property Code Sec. 5.258. OFFENSE; PENALTY.

  89. Tex. Property Code Sec. 5.259. CIVIL PENALTY.

Chapter 11

  1. Tex. Property Code Sec. 11.001. PLACE OF RECORDING.

  2. Tex. Property Code Sec. 11.002. ENGLISH LANGUAGE.

  3. Tex. Property Code Sec. 11.003. GRANTEE'S ADDRESS.

  4. Tex. Property Code Sec. 11.004. DUTY OF RECORDER.

  5. Tex. Property Code Sec. 11.0041. REVIEW OF CERTAIN INSTRUMENTS IN CERTAIN COUNTIES.

  6. Tex. Property Code Sec. 11.005. JUDGMENT PROVING AN INSTRUMENT OR CORRECTING A CERTIFICATE.

  7. Tex. Property Code Sec. 11.006. INSTRUMENT AFFECTING TITLE TO LAND IN ARCHER COUNTY. An instrument that in any manner affects title to land in Archer County, Texas, but was recorded in Jack County on or after August 10, 1866, but no later than August 10, 1870, and was made under the hand and seal of the county clerk of Shackelford County, is admissible in evidence in any suit in which secondary evidence is admissible.

  8. Tex. Property Code Sec. 11.007. EFFECT OF CITATION TO REAL PROPERTY RECORDS. A reference in an instrument to the volume and page number, film code number, or county clerk file number of the "real property records" (or other words of similar import) for a particular county is equivalent to a reference to the deed records, deed of trust records, or other specific records, for the purpose of providing effective notice to all persons of the existence of the referenced instrument.

  9. Tex. Property Code Sec. 11.008. PERSONAL INFORMATION IN REAL PROPERTY RECORDS.

Chapter 12

  1. Tex. Property Code Sec. 12.001. INSTRUMENTS CONCERNING PROPERTY.

  2. Tex. Property Code Sec. 12.0011. INSTRUMENTS CONCERNING PROPERTY: ORIGINAL SIGNATURE REQUIRED FOR CERTAIN INSTRUMENTS.

  3. Tex. Property Code Sec. 12.0012. INSTRUMENTS CONCERNING REAL PROPERTY SUBJECT TO A FORECLOSURE SALE.

  4. Tex. Property Code Sec. 12.0013. RECORDATION OF PAPER OR TANGIBLE COPY OF ELECTRONIC RECORD.

  5. Tex. Property Code Sec. 12.002. SUBDIVISION PLAT; PENALTY.

  6. Tex. Property Code Sec. 12.003. INSTRUMENT IN GENERAL LAND OFFICE OR ARCHIVES.

  7. Tex. Property Code Sec. 12.004. FOREIGN DEED. If written evidence of title to land has been filed outside the county in which the land is located or outside the state, a copy of the written evidence may be recorded in the county in which the land is located if:

  8. Tex. Property Code Sec. 12.005. PARTITION.

  9. Tex. Property Code Sec. 12.006. GRANT FROM GOVERNMENT. A grant from this state or the United States that is executed and authenticated under the law in effect at the time the grant is made may be recorded without further acknowledgement or proof.

  10. Tex. Property Code Sec. 12.007. LIS PENDENS.

  11. Tex. Property Code Sec. 12.0071. MOTION TO EXPUNGE LIS PENDENS.

  12. Tex. Property Code Sec. 12.008. CANCELLATION OF LIS PENDENS.

  13. Tex. Property Code Sec. 12.009. MORTGAGE OR DEED OF TRUST MASTER FORM.

  14. Tex. Property Code Sec. 12.011. CERTIFICATE OF REDEMPTION. An instrument issued by the United States that redeems or evidences redemption of real property from a judicial sale or from a nonjudicial sale under foreclosure of a lien, mortgage, or deed of trust may be recorded in records of conveyances in each county in which the property is located if the instrument has been issued according to the laws of the United States.

  15. Tex. Property Code Sec. 12.012. ATTACHMENT.

  16. Tex. Property Code Sec. 12.013. JUDGMENT. A judgment of a court may be recorded if:

  17. Tex. Property Code Sec. 12.014. TRANSFER OF JUDGMENT OR CAUSE OF ACTION.

  18. Tex. Property Code Sec. 12.015. JUDGMENT IN JUSTICE COURT.

  19. Tex. Property Code Sec. 12.016. POWER OF ATTORNEY. A power of attorney may be recorded.

  20. Tex. Property Code Sec. 12.017. TITLE INSURANCE COMPANY AFFIDAVIT AS RELEASE OF LIEN; CIVIL PENALTY.

  21. Tex. Property Code Sec. 12.018. TRANSFER BY RECEIVER OR CONSERVATOR OF FAILED DEPOSITORY INSTITUTION. If a bank, savings and loan association, savings bank, or other depository institution is placed in receivership or conservatorship by a state or federal agency, instrumentality, or institution, including the Banking Department of Texas, Department of Savings and Mortgage Lending of Texas, Office of the Comptroller of the Currency, Resolution Trust Corporation, Federal Deposit Insurance Corporation, Federal Savings and Loan Insurance Corporation, or their successors, a person at any time may record an affidavit or memorandum of a sale, transfer, purchase, or acquisition agreement between the receiver or conservator of the failed depository institution and another depository institution. If the sale, transfer, purchase, or acquisition agreement transfers or sells an interest in land or in a mortgage or other lien vested according to the real property records in the failed depository institution, a recorded affidavit or memorandum under this section is constructive notice of the transfer or sale. The failure of the affidavit or memorandum to be executed by the record owner or of the affidavit, memorandum, or agreement to contain language of conveyance does not create a defect in title to the land or the lien.

  22. Tex. Property Code Sec. 12.019. AFFIDAVIT OF AUTHORITY TO TRANSFER.

  23. Tex. Property Code Sec. 12.020. FILING AND RELEASE OF UNILATERAL MEMORANDUM OF CONTRACT CONCERNING RESIDENTIAL PROPERTY.

Chapter 13

  1. Tex. Property Code Sec. 13.001. VALIDITY OF UNRECORDED INSTRUMENT.

  2. Tex. Property Code Sec. 13.002. EFFECT OF RECORDED INSTRUMENT. An instrument that is properly recorded in the proper county is:

  3. Tex. Property Code Sec. 13.003. INSTRUMENTS PREVIOUSLY RECORDED IN OTHER COUNTIES. The original or a certified copy of a conveyance, covenant, agreement, deed of trust, or mortgage, relating to land, that has been recorded in a county of this state other than the county where the land to which the instrument relates is located, is valid as to a creditor or a subsequent purchaser who has paid a valuable consideration and who does not have notice of the instrument only after it is recorded in the county in which the land is located. Recording a previously recorded instrument in the proper county does not validate an invalid instrument.

  4. Tex. Property Code Sec. 13.004. EFFECT OF RECORDING LIS PENDENS.

  5. Tex. Property Code Sec. 13.005. EFFECT OF RECORDING JUDGMENT OF JUSTICE COURT. A certified transcript of a justice court judgment recorded under Section 12.015 of this code has the same effect as a recorded deed. A court shall admit as evidence the transcript or a copy of the transcript, if the copy is certified with the signature and seal of the clerk of the county in which the transcript is recorded, in the same manner and with the same effect as the original judgment and execution.

  6. Tex. Property Code Sec. 13.006. EFFECT OF RECORDING QUITCLAIM DEED. After the fourth anniversary of the date a quitclaim deed for real property is recorded in the deed records of the county in which the real property is located, the quitclaim deed:

Chapter 14

  1. Tex. Property Code Sec. 14.001. SCOPE. This chapter applies only to federal tax liens and to other federal liens notices of which under any Act of Congress or any regulation adopted pursuant thereto are required or permitted to be filed in the same manner as notices of federal tax liens.

  2. Tex. Property Code Sec. 14.002. PLACE OF FILING.

  3. Tex. Property Code Sec. 14.003. EXECUTION OF NOTICES AND CERTIFICATES. Certification of notices of liens, certificates, or other notices affecting federal liens by the secretary of the treasury of the United States or his delegate, or by any official or entity of the United States responsible for filing or certifying of notice of any other lien, entitles them to be filed and no other attestation, certification, or acknowledgment is necessary.

  4. Tex. Property Code Sec. 14.004. DUTIES OF FILING OFFICER.

  5. Tex. Property Code Sec. 14.005. FEE. The fee for filing and indexing each notice of lien or certificate or notice affecting the lien is $10. The filing of the same notice of lien or certificate or notice affecting a lien in both real property records and personal property files is two filings.

  6. Tex. Property Code Sec. 14.006. UNIFORMITY OF APPLICATION AND CONSTRUCTION. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

  7. Tex. Property Code Sec. 14.007. SHORT TITLE. This chapter may be cited as the Uniform Federal Lien Registration Act.

Chapter 15

  1. Tex. Property Code Sec. 15.001. SHORT TITLE. This chapter may be cited as the Uniform Real Property Electronic Recording Act.

  2. Tex. Property Code Sec. 15.002. DEFINITIONS. In this chapter:

  3. Tex. Property Code Sec. 15.003. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to the subject matter of this chapter among states that enact a law substantially similar to this chapter.

  4. Tex. Property Code Sec. 15.004. VALIDITY OF ELECTRONIC DOCUMENTS.

  5. Tex. Property Code Sec. 15.005. RECORDING OF DOCUMENTS.

  6. Tex. Property Code Sec. 15.006. UNIFORM STANDARDS.

  7. Tex. Property Code Sec. 15.007. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify, limit, or supersede Section 101(c) of that Act (15 U.S.C. Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that Act (15 U.S.C. Section 7003(b)).

  8. Tex. Property Code Sec. 15.008. CONSTRUCTION WITH OTHER LAW. Except as otherwise provided by this chapter, Chapter 195, Local Government Code, and the rules adopted by the Texas State Library and Archives Commission under that chapter apply to electronic documents filed in accordance with this chapter.

Chapter 21

  1. Tex. Property Code Sec. 21.001. CONCURRENT JURISDICTION. District courts and county courts at law have concurrent jurisdiction in eminent domain cases. A county court has no jurisdiction in eminent domain cases.

  2. Tex. Property Code Sec. 21.002. TRANSFER OF CASES. If an eminent domain case is pending in a county court at law and the court determines that the case involves an issue of title or any other matter that cannot be fully adjudicated in that court, the judge shall transfer the case to a district court.

  3. Tex. Property Code Sec. 21.003. DISTRICT COURT AUTHORITY. A district court may determine all issues, including the authority to condemn property and the assessment of damages, in any suit:

  4. Tex. Property Code Sec. 21.0101. EFFECT OF CHAPTER ON SURVEY ACCESS RIGHTS. Nothing in this chapter prevents an entity from seeking survey access rights as provided by law.

  5. Tex. Property Code Sec. 21.011. STANDARD PROCEDURE. Exercise of the eminent domain authority in all cases is governed by Sections 21.012 through 21.016 of this code.

  6. Tex. Property Code Sec. 21.0111. DISCLOSURE OF CERTAIN INFORMATION REQUIRED; INITIAL OFFER.

  7. Tex. Property Code Sec. 21.0112. PROVISION OF LANDOWNER'S BILL OF RIGHTS STATEMENT REQUIRED.

  8. Tex. Property Code Sec. 21.0113. BONA FIDE OFFER REQUIRED.

  9. Tex. Property Code Sec. 21.0114. REQUIRED TERMS FOR INSTRUMENTS OF CONVEYANCE OF CERTAIN EASEMENTS.

  10. Tex. Property Code Sec. 21.012. CONDEMNATION PETITION.

  11. Tex. Property Code Sec. 21.0121. CONDEMNATION TO ACQUIRE WATER RIGHTS.

  12. Tex. Property Code Sec. 21.013. VENUE; FEES AND PROCESSING FOR SUIT FILED IN DISTRICT COURT.

  13. Tex. Property Code Sec. 21.014. SPECIAL COMMISSIONERS.

  14. Tex. Property Code Sec. 21.015. HEARING.

  15. Tex. Property Code Sec. 21.016. NOTICE.

  16. Tex. Property Code Sec. 21.017. ALTERNATIVE PLEADINGS.

  17. Tex. Property Code Sec. 21.018. APPEAL FROM COMMISSIONERS' FINDINGS.

  18. Tex. Property Code Sec. 21.019. DISMISSAL OF CONDEMNATION PROCEEDINGS.

  19. Tex. Property Code Sec. 21.0195. DISMISSAL OF CERTAIN CONDEMNATION PROCEEDINGS; TEXAS DEPARTMENT OF TRANSPORTATION.

  20. Tex. Property Code Sec. 21.020. REINSTATEMENT OF CONDEMNATION PROCEEDINGS. If a condemnor moves to dismiss a condemnation proceeding and subsequently files a petition to condemn substantially the same property interest from the same property owner, the court may not appoint new special commissioners but shall enter the award of the special commissioners in the first proceeding as the award in the second. The court shall award the property owner triple the amount of the expenses that were allowed the property owner prior to the dismissal of the first proceeding.

  21. Tex. Property Code Sec. 21.021. POSSESSION PENDING LITIGATION.

  22. Tex. Property Code Sec. 21.0211. PAYMENT OF AD VALOREM TAXES.

  23. Tex. Property Code Sec. 21.022. AUTHORITY OF COURTS. Laws that formerly governed the performance of functions by county clerks and judges in eminent domain proceedings are applicable to the clerks and judges of district courts and county courts at law.

  24. Tex. Property Code Sec. 21.023. DISCLOSURE OF INFORMATION REQUIRED AT TIME OF ACQUISITION. An entity with eminent domain authority shall disclose in writing to the property owner, at the time of acquisition of the property through eminent domain, that:

  25. Tex. Property Code Sec. 21.025. PRODUCTION OF INFORMATION BY CERTAIN ENTITIES.

  26. Tex. Property Code Sec. 21.041. EVIDENCE. As the basis for assessing actual damages to a property owner from a condemnation, the special commissioners shall admit evidence on:

  27. Tex. Property Code Sec. 21.042. ASSESSMENT OF DAMAGES.

  28. Tex. Property Code Sec. 21.0421. ASSESSMENT OF DAMAGES: GROUNDWATER RIGHTS.

  29. Tex. Property Code Sec. 21.043. DISPLACEMENT FROM DWELLING OR PLACE OF BUSINESS.

  30. Tex. Property Code Sec. 21.044. DAMAGES FROM TEMPORARY POSSESSION.

  31. Tex. Property Code Sec. 21.045. TITLE ACQUIRED. Except where otherwise expressly provided by law, the interest acquired by a condemnor under this chapter does not include the fee simple title to real property, either public or private. An interest acquired by a condemnor is not lost by the forfeiture or expiration of the condemnor's charter and is subject to an extension of the charter or the grant of a new charter without a new condemnation.

  32. Tex. Property Code Sec. 21.046. RELOCATION ASSISTANCE PROGRAM.

  33. Tex. Property Code Sec. 21.047. ASSESSMENT OF COSTS AND FEES.

  34. Tex. Property Code Sec. 21.048. STATEMENT OF DAMAGES AND COSTS. After the special commissioners in an eminent domain proceeding have assessed the damages, they shall:

  35. Tex. Property Code Sec. 21.049. NOTICE OF DECISION OF SPECIAL COMMISSIONERS. The judge of a court hearing a proceeding under this chapter shall inform the clerk of the court as to a decision by the special commissioners on the day the decision is filed or on the next working day after the day the decision is filed. Not later than the next working day after the day the decision is filed, the clerk shall send notice of the decision by a delivery method described under Rule 21a, Texas Rules of Civil Procedure, to the parties in the proceeding, or to their attorneys of record, at their addresses of record.

  36. Tex. Property Code Sec. 21.061. JUDGMENT ON COMMISSIONERS' FINDINGS. If no party in a condemnation proceeding files timely objections to the findings of the special commissioners, the judge of the court that has jurisdiction of the proceeding shall adopt the commissioners' findings as the judgment of the court, record the judgment in the minutes of the court, and issue the process necessary to enforce the judgment.

  37. Tex. Property Code Sec. 21.062. WRIT OF POSSESSION. If a condemnor in a condemnation proceeding has taken possession of property pending litigation and the court finally decides that the condemnor does not have the right to condemn the property, the court shall order the condemnor to surrender possession of the property and issue a writ of possession to the property owner.

  38. Tex. Property Code Sec. 21.063. APPEAL.

  39. Tex. Property Code Sec. 21.064. INJUNCTIVE RELIEF.

  40. Tex. Property Code Sec. 21.065. VESTED INTEREST. A judgment of a court under this chapter vests a right granted to a condemnor.

  41. Tex. Property Code Sec. 21.101. RIGHT OF REPURCHASE.

  42. Tex. Property Code Sec. 21.102. NOTICE TO PREVIOUS PROPERTY OWNER REQUIRED. Not later than the 180th day after the date an entity that acquired a real property interest through eminent domain determines that the former property owner is entitled to repurchase the property under Section 21.101, the entity shall send by certified mail, return receipt requested, to the property owner or the owner's heirs, successors, or assigns a notice containing:

  43. Tex. Property Code Sec. 21.1021. REQUESTS FOR INFORMATION REGARDING CONDEMNED PROPERTY.

  44. Tex. Property Code Sec. 21.1022. LIMITATIONS PERIOD FOR REPURCHASE RIGHT. Notwithstanding Section 21.103, the right to repurchase provided by this subchapter is extinguished on the first anniversary of the expiration of the period for an entity to provide notice under Section 21.102 if the entity:

  45. Tex. Property Code Sec. 21.103. RESALE OF PROPERTY; PRICE.

Chapter 22

  1. Tex. Property Code Sec. 22.001. TRESPASS TO TRY TITLE.

  2. Tex. Property Code Sec. 22.002. TITLE SUFFICIENT TO MAINTAIN ACTION. A headright certificate, land scrip, bounty warrant, or other evidence of legal right to located and surveyed land is sufficient title to maintain a trespass to try title action.

  3. Tex. Property Code Sec. 22.003. FINAL JUDGMENT CONCLUSIVE. A final judgment that establishes title or right to possession in an action to recover real property is conclusive against the party from whom the property is recovered and against a person claiming the property through that party by a title that arises after the action is initiated.

  4. Tex. Property Code Sec. 22.004. EFFECT OF FORMER LAW. This chapter does not affect rights that existed before the introduction of the common law in this state. Those rights are defined by the principles of the law in effect at the time the rights accrued.

  5. Tex. Property Code Sec. 22.021. CLAIM FOR IMPROVEMENTS.

  6. Tex. Property Code Sec. 22.022. WRIT OF POSSESSION. If in a trespass to try title action the plaintiff obtains a judgment for the contested property, but the defendant obtains a judgment for the value of the defendant's improvements in excess of the defendant's liability for use, occupation, and damages, the court may not issue a writ of possession until the first anniversary of the judgment unless the plaintiff pays to the clerk of the court for the benefit of the defendant the amount of the judgment in favor of the defendant plus interest.

  7. Tex. Property Code Sec. 22.023. FAILURE TO PAY.

  8. Tex. Property Code Sec. 22.024. PAYMENTS INTO COURT. If a party in a trespass to try title action makes a payment to the clerk of a court under this subchapter, the clerk shall enter a dated memorandum of the payment on the page of the record on which the judgment was entered. The clerk shall pay the money on demand to the person entitled to the payment, who shall indicate receipt of the payment by dating and signing the record on the same page on which the judgment was entered.

  9. Tex. Property Code Sec. 22.041. PLEA FOR REMOVAL OF IMPROVEMENTS.

  10. Tex. Property Code Sec. 22.042. REFEREE. A court that authorizes a defendant in a trespass to try title action to remove improvements shall appoint a referee to supervise the removal. The court may require the referee to make reports to the court concerning the removal.

  11. Tex. Property Code Sec. 22.043. RETAINED JURISDICTION. A court that authorizes a defendant in a trespass to try title action to remove improvements retains jurisdiction of the action until the court makes a final disposition of the case and a final determination of the rights, duties, and liabilities of the parties and sureties.

  12. Tex. Property Code Sec. 22.044. CONDITION FOR REMOVAL. Before a court in a trespass to try title action authorizes a defendant to remove improvements, the court may require the defendant to satisfy a money judgment in favor of the plaintiff that arises out of a claim of the plaintiff in the action.

  13. Tex. Property Code Sec. 22.045. CUMULATIVE REMEDIES. The remedy of removing improvements may be pleaded as an alternative to all other remedies at law or in equity.

Chapter 23

  1. Tex. Property Code Sec. 23.001. PARTITION. A joint owner or claimant of real property or an interest in real property or a joint owner of personal property may compel a partition of the interest or the property among the joint owners or claimants under this chapter and the Texas Rules of Civil Procedure.

  2. Tex. Property Code Sec. 23.002. VENUE AND JURISDICTION.

  3. Tex. Property Code Sec. 23.003. EFFECT ON FUTURE INTERESTS. A partition of real property involving an owner of a life estate or an estate for years and other owners of equal or greater estate does not prejudice the rights of an owner of a reversion or remainder interest.

  4. Tex. Property Code Sec. 23.004. EFFECT OF PARTITION.

  5. Tex. Property Code Sec. 23.005. FEES. The judge of a court that hears an action to partition real property shall examine the report of the commissioners appointed to partition the property and shall determine from the report and from evidence submitted by the parties the complexity and difficulty of making the partition. The court shall then award the commissioners, and any surveyor appointed by the court or retained by the commissioners, a reasonable fee for the services rendered. The fees awarded shall be taxed and collected as costs of court in the same manner as the other costs in the action.

  6. Tex. Property Code Sec. 23.006. ACCESS EASEMENT FOR PARTITIONED PROPERTY.

Chapter 24

  1. Tex. Property Code Sec. 24.001. FORCIBLE ENTRY AND DETAINER.

  2. Tex. Property Code Sec. 24.002. FORCIBLE DETAINER.

  3. Tex. Property Code Sec. 24.003. SUBSTITUTION OF PARTIES. If a tenancy for a term expires while the tenant's suit for forcible entry is pending, the landlord may prosecute the suit in the tenant's name for the landlord's benefit and at the landlord's expense. It is immaterial whether the tenant received possession from the landlord or became a tenant after obtaining possession of the property.

  4. Tex. Property Code Sec. 24.004. JURISDICTION; DISMISSAL.

  5. Tex. Property Code Sec. 24.0041. VENUE. An eviction suit must be brought in the justice precinct in which the real property is located.

  6. Tex. Property Code Sec. 24.0042. COMPUTATION OF TIME. A period of time prescribed by this chapter:

  7. Tex. Property Code Sec. 24.0043. AUTHORITY TO MODIFY OR SUSPEND EVICTION PROCEDURES.

  8. Tex. Property Code Sec. 24.005. NOTICE REQUIRED BEFORE FILING CERTAIN EVICTION SUITS.

  9. Tex. Property Code Sec. 24.00505. PETITION. To initiate an eviction suit, a sworn petition must be filed with the court. The petition must include the contents required by the Texas Rules of Civil Procedure.

  10. Tex. Property Code Sec. 24.00506. RULES OF COURT.

  11. Tex. Property Code Sec. 24.0051. PROCEDURES APPLICABLE IN SUIT TO EVICT AND RECOVER UNPAID RENT.

  12. Tex. Property Code Sec. 24.005105. ELECTRONIC PROCEEDINGS. If the parties agree, a justice court may allow the parties in an eviction suit to appear at a court proceeding in the suit by videoconference, teleconference, or other available electronic means.

  13. Tex. Property Code Sec. 24.005106. SUMMARY DISPOSITION AND TRIAL.

  14. Tex. Property Code Sec. 24.005107. APPEAL TO COUNTY COURT.

  15. Tex. Property Code Sec. 24.00511. APPEAL BOND FOR CERTAIN EVICTION SUITS.

  16. Tex. Property Code Sec. 24.00512. CONTEST OF CERTAIN APPEAL BONDS.

  17. Tex. Property Code Sec. 24.0052. TENANT APPEAL ON STATEMENT OF INABILITY TO AFFORD PAYMENT OF COURT COSTS.

  18. Tex. Property Code Sec. 24.00521. CONTEST OF CERTAIN APPEAL BONDS IN COUNTY COURT. A contest under Section 24.00512 does not preclude a party from contesting the appeal bond in the county court after the county court has jurisdiction over the eviction suit. After the county court has jurisdiction over the eviction suit, the county court may modify the amount or form of the bond and determine the sufficiency of the surety.

  19. Tex. Property Code Sec. 24.0053. PAYMENT OF RENT DURING APPEAL OF EVICTION.

  20. Tex. Property Code Sec. 24.0054. TENANT'S FAILURE TO PAY RENT DURING APPEAL.

  21. Tex. Property Code Sec. 24.006. ATTORNEY'S FEES AND COSTS OF SUIT.

  22. Tex. Property Code Sec. 24.0061. WRIT OF POSSESSION.

  23. Tex. Property Code Sec. 24.0062. WAREHOUSEMAN'S LIEN.

  24. Tex. Property Code Sec. 24.007. APPEAL. A final judgment of a county court in an eviction suit may not be appealed on the issue of possession unless the premises in question are being used for residential purposes only. A judgment of a county court may not under any circumstances be stayed pending appeal unless, within 10 days of the signing of the judgment, the appellant files a supersedeas bond in an amount set by the county court. In setting the supersedeas bond the county court shall provide protection for the appellee to the same extent as in any other appeal, taking into consideration the value of rents likely to accrue during appeal, damages which may occur as a result of the stay during appeal, and other damages or amounts as the court may deem appropriate.

  25. Tex. Property Code Sec. 24.008. EFFECT ON OTHER ACTIONS. An eviction suit does not bar a suit for trespass, damages, waste, rent, or mesne profits.

  26. Tex. Property Code Sec. 24.011. NONLAWYER REPRESENTATION.

Chapter 25

  1. Tex. Property Code Sec. 25.001. JURISDICTION. A trial of the right of property is an action that applies only to personal property. A trial of the right of property must be tried in a court with jurisdiction of the amount in controversy.

  2. Tex. Property Code Sec. 25.002. DAMAGES. If a claimant in a trial of the right of property does not establish a right to the property, the court shall adjudge damages against the obligors in the claimant's bond equal to 10 percent of the lesser of:

Chapter 26

  1. Tex. Property Code Sec. 26.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 26.002. PROPERTY RIGHT ESTABLISHED. An individual has a property right in the use of the individual's name, voice, signature, photograph, or likeness after the death of the individual.

  3. Tex. Property Code Sec. 26.003. APPLICABILITY. This chapter applies to an individual:

  4. Tex. Property Code Sec. 26.004. TRANSFERABILITY.

  5. Tex. Property Code Sec. 26.005. OWNERSHIP AFTER DEATH OF INDIVIDUAL.

  6. Tex. Property Code Sec. 26.006. REGISTRATION OF CLAIM.

  7. Tex. Property Code Sec. 26.007. EFFECT OF REGISTRATION.

  8. Tex. Property Code Sec. 26.008. EXERCISE OF OWNERSHIP FOR FIRST YEAR FOLLOWING DEATH OF INDIVIDUAL.

  9. Tex. Property Code Sec. 26.009. EXERCISE OF OWNERSHIP AFTER FIRST YEAR FOLLOWING DEATH OF INDIVIDUAL. After the first year following the death of the individual, an owner of a property right may exercise that right whether or not the owner has registered a claim as provided by Section 26.006.

  10. Tex. Property Code Sec. 26.010. TERMINATION. A property right expires on the first anniversary of the date of death of the individual if:

  11. Tex. Property Code Sec. 26.011. UNAUTHORIZED USES. Except as provided by Section 26.012, a person may not use, without the written consent of a person who may exercise the property right, a deceased individual's name, voice, signature, photograph, or likeness in any manner, including:

  12. Tex. Property Code Sec. 26.012. PERMITTED USES.

  13. Tex. Property Code Sec. 26.013. LIABILITY FOR UNAUTHORIZED USE.

  14. Tex. Property Code Sec. 26.014. OTHER RIGHTS NOT AFFECTED. This chapter does not affect a right an individual may have in the use of the individual's name, voice, signature, photograph, or likeness before the death of the individual.

  15. Tex. Property Code Sec. 26.015. DEFENSES TO LIABILITY. A person shall not be liable for damages under this chapter if he has acted in reliance on the results of a probate proceeding governing the estate of the deceased personality in question.

Chapter 27

  1. Tex. Property Code Sec. 27.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 27.002. APPLICATION OF CHAPTER.

  3. Tex. Property Code Sec. 27.003. LIABILITY.

  4. Tex. Property Code Sec. 27.0031. FRIVOLOUS SUIT; HARASSMENT. A party who files a suit under this chapter that is groundless and brought in bad faith or for purposes of harassment is liable to the defendant for reasonable and necessary attorney's fees and court costs.

  5. Tex. Property Code Sec. 27.004. NOTICE AND OFFER OF SETTLEMENT.

  6. Tex. Property Code Sec. 27.0041. MEDIATION.

  7. Tex. Property Code Sec. 27.0042. CONDITIONAL SALE TO BUILDER.

  8. Tex. Property Code Sec. 27.005. LIMITATIONS ON EFFECT OF CHAPTER. This chapter does not create a cause of action or derivative liability or extend a limitations period.

  9. Tex. Property Code Sec. 27.006. CAUSATION. In an action to recover damages resulting from a construction defect, the claimant must prove that:

  10. Tex. Property Code Sec. 27.007. DISCLOSURE STATEMENT REQUIRED.

  11. Tex. Property Code Sec. 27.008. EFFECT OF ARBITRATION ON LIMITATIONS PERIOD. The submission of an action subject to this chapter to arbitration has the same effect on the running of a limitations period as a filing in a court in this state.

  12. Tex. Property Code Sec. 27.009. NO WAIVER. An attempted waiver of the provisions of this chapter in a contract subject to this chapter is void.

Chapter 28

  1. Tex. Property Code Sec. 28.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 28.002. PROMPT PAY REQUIRED.

  3. Tex. Property Code Sec. 28.003. EXCEPTION FOR GOOD FAITH DISPUTE; WITHHOLDING.

  4. Tex. Property Code Sec. 28.004. INTEREST ON OVERDUE PAYMENT.

  5. Tex. Property Code Sec. 28.005. ACTION TO ENFORCE PAYMENT.

  6. Tex. Property Code Sec. 28.006. NO WAIVER.

  7. Tex. Property Code Sec. 28.007. LEGAL CONSTRUCTION.

  8. Tex. Property Code Sec. 28.008. EXCEPTION FOR FAILURE OF LENDER TO DISBURSE FUNDS. The date of payment required of the owner pursuant to Section 28.002(a) shall change from the 35th day after the date the owner receives the payment request to the fifth day after the date the owner receives loan proceeds, in the event that:

  9. Tex. Property Code Sec. 28.009. RIGHT TO SUSPEND WORK.

  10. Tex. Property Code Sec. 28.0091. UNSIGNED CHANGE ORDER.

  11. Tex. Property Code Sec. 28.010. EXEMPTION FOR MINERAL DEVELOPMENT AND OILFIELD SERVICES.

Chapter 29

  1. Tex. Property Code Sec. 29.001. APPLICATION OF CHAPTER. This chapter applies only to real property that is not exempt from forced sale under the constitution or laws of this state and is:

  2. Tex. Property Code Sec. 29.002. PETITION FOR FORCED SALE.

  3. Tex. Property Code Sec. 29.003. HEARING ON PETITION FOR FORCED SALE. At a hearing on a petition filed under Section 29.002, the petitioner must prove by clear and convincing evidence that:

  4. Tex. Property Code Sec. 29.0035. DEMAND TO UNKNOWN DEFENDANT. If the address or identity of the defendant is unknown, the demand of the petitioner for reimbursement from the defendant required by Section 29.003(2) may be met by publication in a newspaper in the county in which the property is located once each week for four consecutive weeks, with the final publication occurring not later than the 30th day before the date on which the petition is filed. The publication must contain the demand for reimbursement and:

  5. Tex. Property Code Sec. 29.004. COURT-ORDERED SALE. On completion of the hearing on a petition filed under Section 29.002, if the court is satisfied that the petitioner has made the requisite proof under Section 29.003, the court shall enter an order that divests the defendant's interest in the real property that is the subject of the petition and that orders the petitioner to pay to the defendant an amount computed by subtracting the outstanding amount of money the defendant owes to the petitioner for payment of the defendant's share of ad valorem taxes imposed on the property from the fair market value of the defendant's interest in the property as determined by an independent appraiser appointed by the court. The court's order may also direct the defendant to execute and deliver to the petitioner a deed that conveys to the petitioner the defendant's interest in the property.

Chapter 30

  1. Tex. Property Code Sec. 30.01. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 30.02. WRIT OF ASSISTANCE FOR REPOSSESSION OF AIRCRAFT.

  3. Tex. Property Code Sec. 30.03. PETITION FOR WRIT OF ASSISTANCE.

Chapter 31

  1. Tex. Property Code Sec. 31.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 31.002. CAUSE OF ACTION FOR BAD FAITH WASHOUT. A person may bring a cause of action for a bad faith washout of the person's overriding royalty interest in an oil and gas lease. The person is entitled to a remedy under this chapter if the person proves by a preponderance of the evidence that:

  3. Tex. Property Code Sec. 31.003. VENUE. An owner of an overriding royalty interest in an oil and gas lease may bring an action under this chapter in a district court of a county in which any part of the property subject to the oil and gas lease is located.

  4. Tex. Property Code Sec. 31.004. REMEDIES; COSTS AND FEES.

  5. Tex. Property Code Sec. 31.005. LIMITATION ON FILING ACTION. A person must bring an action under this chapter not later than the second anniversary of the date the person obtained actual knowledge that the washout occurred.

Chapter 41

  1. Tex. Property Code Sec. 41.001. INTERESTS IN LAND EXEMPT FROM SEIZURE.

  2. Tex. Property Code Sec. 41.002. DEFINITION OF HOMESTEAD.

  3. Tex. Property Code Sec. 41.0021. HOMESTEAD IN QUALIFYING TRUST.

  4. Tex. Property Code Sec. 41.0022. CERTAIN CONVEYANCES NOT SHAM OR PRETENDED SALES.

  5. Tex. Property Code Sec. 41.003. TEMPORARY RENTING OF A HOMESTEAD. Temporary renting of a homestead does not change its homestead character if the homestead claimant has not acquired another homestead.

  6. Tex. Property Code Sec. 41.004. ABANDONMENT OF A HOMESTEAD. If a homestead claimant is married, a homestead cannot be abandoned without the consent of the claimant's spouse.

  7. Tex. Property Code Sec. 41.005. VOLUNTARY DESIGNATION OF HOMESTEAD.

  8. Tex. Property Code Sec. 41.0051. DISCLAIMER AND DISCLOSURE REQUIRED.

  9. Tex. Property Code Sec. 41.006. CERTAIN SALES OF HOMESTEAD.

  10. Tex. Property Code Sec. 41.007. HOME IMPROVEMENT CONTRACT.

  11. Tex. Property Code Sec. 41.008. CONFLICT WITH FEDERAL LAW. To the extent of any conflict between this subchapter and any federal law that imposes an upper limit on the amount, including the monetary amount or acreage amount, of homestead property a person may exempt from seizure, this subchapter prevails to the extent allowed under federal law.

  12. Tex. Property Code Sec. 41.021. NOTICE TO DESIGNATE. If an execution is issued against a holder of an interest in land of which a homestead may be a part and the judgment debtor has not made a voluntary designation of a homestead under Section 41.005, the judgment creditor may give the judgment debtor notice to designate the homestead as defined in Section 41.002. The notice shall state that if the judgment debtor fails to designate the homestead within the time allowed by Section 41.022, the court will appoint a commissioner to make the designation at the expense of the judgment debtor.

  13. Tex. Property Code Sec. 41.022. DESIGNATION BY HOMESTEAD CLAIMANT. At any time before 10 a.m. on the Monday next after the expiration of 20 days after the date of service of the notice to designate, the judgment debtor may designate the homestead as defined in Section 41.002 by filing a written designation, signed by the judgment debtor, with the justice or clerk of the court from which the writ of execution was issued, together with a plat of the area designated.

  14. Tex. Property Code Sec. 41.023. DESIGNATION BY COMMISSIONER.

  15. Tex. Property Code Sec. 41.024. SALE OF EXCESS. An officer holding an execution sale of property of a judgment debtor whose homestead has been designated under this chapter may sell the excess of the judgment debtor's interest in land not included in the homestead.

Chapter 42

  1. Tex. Property Code Sec. 42.001. PERSONAL PROPERTY EXEMPTION.

  2. Tex. Property Code Sec. 42.002. PERSONAL PROPERTY.

  3. Tex. Property Code Sec. 42.0021. ADDITIONAL EXEMPTION FOR CERTAIN SAVINGS PLANS.

  4. Tex. Property Code Sec. 42.003. DESIGNATION OF EXEMPT PROPERTY.

  5. Tex. Property Code Sec. 42.004. TRANSFER OF NONEXEMPT PROPERTY.

  6. Tex. Property Code Sec. 42.005. CHILD SUPPORT LIENS.

Chapter 43

  1. Tex. Property Code Sec. 43.001. EXEMPT PUBLIC LIBRARY. A public library is exempt from attachment, execution, and forced sale.

  2. Tex. Property Code Sec. 43.002. EXEMPT PROPERTY. The real property of the state, including the real property held in the name of state agencies and funds, and the real property of a political subdivision of the state are exempt from attachment, execution, and forced sale. A judgment lien or abstract of judgment may not be filed or perfected against the state, a unit of state government, or a political subdivision of the state on property owned by the state, a unit of state government, or a political subdivision of the state; any such judgment lien or abstract of judgment is void and unenforceable.

Chapter 44

  1. Tex. Property Code Sec. 44.001. DEFINITION. In this chapter, "pension or other retirement plan" includes:

  2. Tex. Property Code Sec. 44.002. PROPERTY EXEMPT. All property in this state is exempt from attachment, execution, and seizure for the satisfaction of a judgment or claim in favor of another state or political subdivision of another state for failure to pay that state's or that political subdivision's income tax on benefits received from a pension or other retirement plan.

  3. Tex. Property Code Sec. 44.003. LIEN NOT CREATED. A claim or judgment in favor of another state or political subdivision of another state for failure to pay that state's or that political subdivision's income tax on benefits received from a pension or other retirement plan may not be a lien on any property in this state owned by a resident of this state.

Chapter 51

  1. Tex. Property Code Sec. 51.0001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 51.001. EFFECT ON OTHER LIENS. Except as provided by Chapter 59, this subtitle does not affect:

  3. Tex. Property Code Sec. 51.0011. DEFAULT ARISING FROM DELINQUENT AD VALOREM TAXES: INSTALLMENT AGREEMENTS.

  4. Tex. Property Code Sec. 51.002. SALE OF REAL PROPERTY UNDER CONTRACT LIEN.

  5. Tex. Property Code Sec. 51.0021. NOTICE OF CHANGE OF ADDRESS REQUIRED. A debtor shall inform the mortgage servicer of the debt in a reasonable manner of any change of address of the debtor for purposes of providing notice to the debtor under Section 51.002.

  6. Tex. Property Code Sec. 51.0025. ADMINISTRATION OF FORECLOSURE BY MORTGAGE SERVICER. A mortgage servicer may administer the foreclosure of property under Section 51.002 on behalf of a mortgagee if:

  7. Tex. Property Code Sec. 51.003. DEFICIENCY JUDGMENT.

  8. Tex. Property Code Sec. 51.004. JUDICIAL FORECLOSURE--DEFICIENCY.

  9. Tex. Property Code Sec. 51.005. JUDICIAL OR NONJUDICIAL FORECLOSURE AFTER JUDGMENT AGAINST GUARANTOR--DEFICIENCY.

  10. Tex. Property Code Sec. 51.006. DEED-OF-TRUST FORECLOSURE AFTER DEED IN LIEU OF FORECLOSURE.

  11. Tex. Property Code Sec. 51.007. TRUSTEE UNDER DEED OF TRUST, CONTRACT LIEN OR SECURITY INSTRUMENT.

  12. Tex. Property Code Sec. 51.0074. DUTIES OF TRUSTEE.

  13. Tex. Property Code Sec. 51.0075. AUTHORITY OF TRUSTEE OR SUBSTITUTE TRUSTEE.

  14. Tex. Property Code Sec. 51.0076. EFFECTIVE DATE OF APPOINTMENT. The appointment or authorization of a trustee or substitute trustee made in a notice of sale is effective as of the date of the notice if the notice:

  15. Tex. Property Code Sec. 51.008. CERTAIN LIENS ON REAL PROPERTY.

  16. Tex. Property Code Sec. 51.009. FORECLOSED PROPERTY SOLD "AS IS". A purchaser at a sale of real property under Section 51.002:

  17. Tex. Property Code Sec. 51.015. SALE OF CERTAIN PROPERTY OWNED BY MEMBER OF THE MILITARY.

  18. Tex. Property Code Sec. 51.016. RESCISSION OF NONJUDICIAL FORECLOSURE SALES.

Chapter 52

  1. Tex. Property Code Sec. 52.001. ESTABLISHMENT OF LIEN. Except as provided by Section 52.0011 or 52.0012, a first or subsequent abstract of judgment, when it is recorded and indexed in accordance with this chapter, if the judgment is not then dormant, constitutes a lien on and attaches to any real property of the defendant, other than real property exempt from seizure or forced sale under Chapter 41, the Texas Constitution, or any other law, that is located in the county in which the abstract is recorded and indexed, including real property acquired after such recording and indexing.

  2. Tex. Property Code Sec. 52.0011. ESTABLISHMENT OF LIEN PENDING APPEAL OF JUDGMENT.

  3. Tex. Property Code Sec. 52.0012. RELEASE OF RECORD OF LIEN ON HOMESTEAD PROPERTY.

  4. Tex. Property Code Sec. 52.002. ISSUANCE OF ABSTRACT.

  5. Tex. Property Code Sec. 52.003. CONTENTS OF ABSTRACT.

  6. Tex. Property Code Sec. 52.004. RECORDING AND INDEXING OF ABSTRACT.

  7. Tex. Property Code Sec. 52.0041. ADDRESS REQUIREMENT FOR RECORDING ABSTRACT.

  8. Tex. Property Code Sec. 52.005. SATISFACTION OF JUDGMENT. Satisfaction of a judgment in whole or in part may be shown by recordation of:

  9. Tex. Property Code Sec. 52.006. DURATION OF LIEN.

  10. Tex. Property Code Sec. 52.007. FEDERAL COURT JUDGMENT. An abstract of a judgment rendered in this state by a federal court may be recorded and indexed under this chapter on the certificate of the clerk of the court.

  11. Tex. Property Code Sec. 52.021. DISCHARGE AND CANCELLATION.

  12. Tex. Property Code Sec. 52.022. APPLICATION FOR COURT ORDER.

  13. Tex. Property Code Sec. 52.023. NOTICE OF APPLICATION.

  14. Tex. Property Code Sec. 52.024. COURT ORDER.

  15. Tex. Property Code Sec. 52.025. EFFECT ON LIEN OF DISCHARGE OF DEBT IN BANKRUPTCY.

  16. Tex. Property Code Sec. 52.041. APPLICATION OF SUBCHAPTER. This subchapter applies to a judgment and judgment lien for which an abstract of judgment or judgment lien is recorded on or after September 1, 1993.

  17. Tex. Property Code Sec. 52.042. DISCHARGE AND CANCELLATION.

  18. Tex. Property Code Sec. 52.043. EXCEPTIONS TO DISCHARGE AND CANCELLATION. A judgment lien is not affected by this subchapter and may be enforced if the lien is against real property owned by the debtor before a petition for debtor relief was filed under federal bankruptcy law and:

Chapter 53

  1. Tex. Property Code Sec. 53.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 53.002. MORE THAN ONE ORIGINAL CONTRACTOR. On any work there may be more than one original contractor for purposes of this chapter.

  3. Tex. Property Code Sec. 53.003. NOTICES.

  4. Tex. Property Code Sec. 53.021. PERSONS ENTITLED TO LIEN. A person has a lien if the person, under a contract with the owner or the owner's agent, trustee, receiver, contractor, or subcontractor:

  5. Tex. Property Code Sec. 53.022. PROPERTY TO WHICH LIEN EXTENDS.

  6. Tex. Property Code Sec. 53.023. PAYMENT SECURED BY LIEN. The lien secures payment for:

  7. Tex. Property Code Sec. 53.024. LIMITATION ON SUBCONTRACTOR'S LIEN. The amount of a lien claimed by a subcontractor may not exceed:

  8. Tex. Property Code Sec. 53.025. LIMITATION ON ORDINARY RETAINAGE LIEN. A lien for retainage is valid only for the amount specified to be retained in the contract, including any amendments to the contract, between the claimant and the original contractor or between the claimant and a subcontractor.

  9. Tex. Property Code Sec. 53.026. SHAM CONTRACT.

  10. Tex. Property Code Sec. 53.051. NECESSARY PROCEDURES. To perfect the lien, a person must comply with this subchapter.

  11. Tex. Property Code Sec. 53.052. FILING OF AFFIDAVIT.

  12. Tex. Property Code Sec. 53.054. CONTENTS OF AFFIDAVIT.

  13. Tex. Property Code Sec. 53.055. NOTICE OF FILED AFFIDAVIT.

  14. Tex. Property Code Sec. 53.056. DERIVATIVE CLAIMANT: NOTICE TO OWNER AND ORIGINAL CONTRACTOR.

  15. Tex. Property Code Sec. 53.057. DERIVATIVE CLAIMANT: NOTICE OF CLAIM FOR UNPAID RETAINAGE.

  16. Tex. Property Code Sec. 53.081. AUTHORITY TO WITHHOLD FUNDS FOR BENEFIT OF CLAIMANTS.

  17. Tex. Property Code Sec. 53.082. TIME FOR WHICH FUNDS ARE WITHHELD. Unless the claim is otherwise settled, discharged, indemnified against under Subchapter H or I, or determined to be invalid by a final judgment of a court, the owner shall retain the funds withheld until:

  18. Tex. Property Code Sec. 53.084. OWNER'S LIABILITY.

  19. Tex. Property Code Sec. 53.085. AFFIDAVIT REQUIRED.

  20. Tex. Property Code Sec. 53.101. FUNDS REQUIRED TO BE RESERVED.

  21. Tex. Property Code Sec. 53.102. PAYMENT SECURED BY RESERVED FUNDS. The reserved funds secure the payment of artisans and mechanics who perform labor or service and the payment of other persons who furnish material, material and labor, or specially fabricated material for any contractor, subcontractor, agent, or receiver in the performance of the work.

  22. Tex. Property Code Sec. 53.103. LIEN ON RESERVED FUNDS. A claimant has a lien on the reserved funds if the claimant:

  23. Tex. Property Code Sec. 53.104. PREFERENCES.

  24. Tex. Property Code Sec. 53.105. OWNER'S LIABILITY FOR FAILURE TO RESERVE FUNDS.

  25. Tex. Property Code Sec. 53.106. AFFIDAVIT OF COMPLETION.

  26. Tex. Property Code Sec. 53.107. NOTICE RELATING TO TERMINATION OF WORK OR ABANDONMENT OF PERFORMANCE BY ORIGINAL CONTRACTOR OR OWNER.

  27. Tex. Property Code Sec. 53.121. PREFERENCE OVER OTHER CREDITORS. All subcontractors, laborers, and materialmen who have a mechanic's lien have preference over other creditors of the original contractor.

  28. Tex. Property Code Sec. 53.122. EQUALITY OF MECHANIC'S LIENS.

  29. Tex. Property Code Sec. 53.123. PRIORITY OF MECHANIC'S LIEN OVER OTHER LIENS.

  30. Tex. Property Code Sec. 53.124. INCEPTION OF MECHANIC'S LIEN.

  31. Tex. Property Code Sec. 53.151. ENFORCEMENT OF REMEDIES AGAINST MONEY DUE ORIGINAL CONTRACTOR OR SUBCONTRACTOR.

  32. Tex. Property Code Sec. 53.152. RELEASE OF CLAIM OR LIEN.

  33. Tex. Property Code Sec. 53.153. DEFENSE OF ACTIONS.

  34. Tex. Property Code Sec. 53.154. FORECLOSURE. A mechanic's lien may be foreclosed only on judgment of a court of competent jurisdiction foreclosing the lien and ordering the sale of the property subject to the lien.

  35. Tex. Property Code Sec. 53.155. TRANSFER OF PROPERTY SOLD. If the improvement is sold separately from the land, the officer making the sale shall provide the purchaser a reasonable time after the date of purchase within which to remove and take possession of the purchased improvement.

  36. Tex. Property Code Sec. 53.156. COSTS AND ATTORNEY'S FEES. In any proceeding to foreclose a lien or to enforce a claim against a bond issued under Subchapter H, I, or J or in any proceeding to declare that any lien or claim is invalid or unenforceable in whole or in part, the court shall award costs and reasonable attorney's fees as are equitable and just. With respect to a lien or claim arising out of a residential construction contract, the court is not required to order the property owner to pay costs and attorney's fees under this section.

  37. Tex. Property Code Sec. 53.157. DISCHARGE OF LIEN. An affidavit claiming a mechanic's lien filed under Section 53.052 may be discharged of record by:

  38. Tex. Property Code Sec. 53.158. PERIOD FOR BRINGING SUIT TO FORECLOSE LIEN.

  39. Tex. Property Code Sec. 53.159. OBLIGATION TO FURNISH INFORMATION.

  40. Tex. Property Code Sec. 53.160. SUMMARY MOTION TO REMOVE INVALID OR UNENFORCEABLE LIEN.

  41. Tex. Property Code Sec. 53.161. BOND REQUIREMENTS AFTER ORDER TO REMOVE.

  42. Tex. Property Code Sec. 53.162. REVIVAL OF REMOVED LIEN.

  43. Tex. Property Code Sec. 53.171. BOND.

  44. Tex. Property Code Sec. 53.172. BOND REQUIREMENTS. The bond must:

  45. Tex. Property Code Sec. 53.173. NOTICE OF BOND.

  46. Tex. Property Code Sec. 53.174. RECORDING OF BOND AND NOTICE.

  47. Tex. Property Code Sec. 53.175. ACTION ON BOND.

  48. Tex. Property Code Sec. 53.201. BOND.

  49. Tex. Property Code Sec. 53.202. BOND REQUIREMENTS. The bond must:

  50. Tex. Property Code Sec. 53.203. RECORDING OF BOND AND CONTRACT.

  51. Tex. Property Code Sec. 53.204. RELIANCE ON RECORD. A purchaser, lender, or other person acquiring an interest in the owner's property or an insurer of title is entitled to rely on the record of the bond and contract as constituting payment of all claims and liens for labor, subcontracts, materials, or specially fabricated materials incurred by the original contractor as if the purchaser, lender, or other person acquiring an interest in the owner's property or an insurer of title were the owner who approved, accepted, and endorsed the bond and as if each person furnishing labor or materials for the work performed under the original contract, other than the original contractor, had filed a complete release and relinquishment of lien of record.

  52. Tex. Property Code Sec. 53.205. ENFORCEABLE CLAIMS.

  53. Tex. Property Code Sec. 53.206. PERFECTION OF CLAIM.

  54. Tex. Property Code Sec. 53.207. OWNER'S NOTICE OF CLAIM TO SURETY.

  55. Tex. Property Code Sec. 53.208. ACTION ON BOND.

  56. Tex. Property Code Sec. 53.210. CLAIMS IN EXCESS OF BOND AMOUNT. If valid claims against the bond exceed the penal sum of the bond, each claimant is entitled to a pro rata share of the penal sum.

  57. Tex. Property Code Sec. 53.211. ATTEMPTED COMPLIANCE.

  58. Tex. Property Code Sec. 53.231. LIEN.

  59. Tex. Property Code Sec. 53.232. TO WHOM NOTICE GIVEN; MANNER. The lien claimant must send written notice of his claim by certified mail to:

  60. Tex. Property Code Sec. 53.233. CONTENTS OF NOTICE.

  61. Tex. Property Code Sec. 53.234. TIME FOR NOTICE. The lien claimant must give notice not later than the 15th day of the second month following the month in which the labor was performed or the material furnished.

  62. Tex. Property Code Sec. 53.235. OFFICIAL TO RETAIN FUNDS. A public official who receives the notice may not pay all of the money, bonds, or warrants due the contractor, but shall retain enough to pay the claim for which notice is given.

  63. Tex. Property Code Sec. 53.236. BOND FOR RELEASE OF LIEN.

  64. Tex. Property Code Sec. 53.237. BOND REQUIREMENTS. The bond must be:

  65. Tex. Property Code Sec. 53.238. NOTICE OF BOND. The official with whom the bond is filed shall send an exact copy of the bond by certified mail, return receipt requested, to all claimants.

  66. Tex. Property Code Sec. 53.239. ACTION ON BOND.

  67. Tex. Property Code Sec. 53.251. PROCEDURES FOR RESIDENTIAL CONSTRUCTION PROJECTS.

  68. Tex. Property Code Sec. 53.254. CONTRACTUAL REQUIREMENTS FOR LIEN ON HOMESTEAD.

  69. Tex. Property Code Sec. 53.255. DISCLOSURE STATEMENT REQUIRED FOR RESIDENTIAL CONSTRUCTION CONTRACT.

  70. Tex. Property Code Sec. 53.256. LIST OF SUBCONTRACTORS AND SUPPLIERS.

  71. Tex. Property Code Sec. 53.257. PROVISIONS RELATED TO CLOSING OF LOAN FOR CONSTRUCTION OF IMPROVEMENTS.

  72. Tex. Property Code Sec. 53.258. DISBURSEMENTS OF FUNDS.

  73. Tex. Property Code Sec. 53.259. FINAL BILLS-PAID AFFIDAVIT REQUIRED.

  74. Tex. Property Code Sec. 53.260. CONVEYANCE TO CONTRACTOR NOT REQUIRED. An original contractor may not require an owner of real property to convey the real property to the original contractor or an entity controlled by the original contractor as a condition to the performance of the residential construction contract for improvements to the real property.

  75. Tex. Property Code Sec. 53.281. WAIVER AND RELEASE OF LIEN OR PAYMENT BOND CLAIM.

  76. Tex. Property Code Sec. 53.282. CONDITIONS FOR WAIVER, RELEASE, OR IMPAIRMENT OF LIEN OR PAYMENT BOND CLAIM.

  77. Tex. Property Code Sec. 53.283. UNCONDITIONAL WAIVER AND RELEASE: PAYMENT REQUIRED. A person may not require a claimant or potential claimant to execute an unconditional waiver and release for a progress payment or final payment amount unless the claimant or potential claimant received payment in that amount in good and sufficient funds.

  78. Tex. Property Code Sec. 53.284. FORMS FOR WAIVER AND RELEASE OF LIEN OR PAYMENT BOND CLAIM.

  79. Tex. Property Code Sec. 53.286. PUBLIC POLICY. Notwithstanding any other law and except as provided by Section 53.282, any contract, agreement, or understanding purporting to waive the right to file or enforce any lien or claim created under this chapter is void as against public policy.

  80. Tex. Property Code Sec. 53.287. CERTAIN AGREEMENTS EXEMPT. This subchapter does not apply to a written agreement to subordinate, release, waive, or satisfy all or part of a lien or bond claim in:

Chapter 54

  1. Tex. Property Code Sec. 54.001. LIEN. A person who leases land or tenements at will or for a term of years has a preference lien for rent that becomes due and for the money and the value of property that the landlord furnishes or causes to be furnished to the tenant to grow a crop on the leased premises and to gather, store, and prepare the crop for marketing.

  2. Tex. Property Code Sec. 54.002. PROPERTY TO WHICH LIEN ATTACHES.

  3. Tex. Property Code Sec. 54.003. EXCEPTIONS. The lien does not arise if:

  4. Tex. Property Code Sec. 54.004. DURATION OF LIEN. The lien exists while the property to which it is attached remains on the leased premises and until one month after the day that the property is removed from the premises. If agricultural products to which the lien is attached are placed in a public or bonded warehouse regulated by state law before the 31st day after the day that they are removed from the leased premises, the lien exists while they remain in the warehouse.

  5. Tex. Property Code Sec. 54.005. REMOVAL OF PROPERTY.

  6. Tex. Property Code Sec. 54.006. DISTRESS WARRANT.

  7. Tex. Property Code Sec. 54.007. JUDGMENT ON REPLEVIN BOND. If a final judgment is rendered against a defendant who has replevied property seized under a distress warrant, the sureties on the defendant's replevy bond are also liable under the judgment, according to the terms of the bond.

  8. Tex. Property Code Sec. 54.021. LIEN. A person who leases or rents all or part of a building for nonresidential use has a preference lien on the property of the tenant or subtenant in the building for rent that is due and for rent that is to become due during the current 12-month period succeeding the date of the beginning of the rental agreement or an anniversary of that date.

  9. Tex. Property Code Sec. 54.022. COMMERCIAL BUILDING.

  10. Tex. Property Code Sec. 54.023. EXEMPTIONS. This subchapter does not affect a statute exempting property from forced sale.

  11. Tex. Property Code Sec. 54.024. DURATION OF LIEN. The lien exists while the tenant occupies the building and until one month after the day that the tenant abandons the building.

  12. Tex. Property Code Sec. 54.025. DISTRESS WARRANT. The person to whom rent is payable under a building lease or the person's agent, attorney, assign, or other legal representative may apply to the justice of the peace in the precinct in which the building is located for a distress warrant if the tenant:

  13. Tex. Property Code Sec. 54.041. LIEN. A landlord of a single or multifamily residence has a lien for unpaid rent that is due. The lien attaches to nonexempt property that is in the residence or that the tenant has stored in a storage room.

  14. Tex. Property Code Sec. 54.042. EXEMPTIONS. A lien under this subchapter does not attach to:

  15. Tex. Property Code Sec. 54.043. ENFORCEABILITY OF CONTRACTUAL PROVISIONS.

  16. Tex. Property Code Sec. 54.044. SEIZURE OF PROPERTY.

  17. Tex. Property Code Sec. 54.045. SALE OF PROPERTY.

  18. Tex. Property Code Sec. 54.046. VIOLATION BY LANDLORD. If a landlord or the landlord's agent wilfully violates this subchapter, the tenant is entitled to:

  19. Tex. Property Code Sec. 54.047. OTHER RIGHTS NOT AFFECTED. This subchapter does not affect or diminish any other rights or obligations arising under common law or any statute.

  20. Tex. Property Code Sec. 54.048. TENANT MAY REPLEVY. At any time before judgment in a suit for unpaid rent, the tenant may replevy any of the property that has been seized, if the property has not been claimed or sold, by posting a bond in an amount approved by the court, payable to the landlord, and conditioned that if the landlord prevails in the suit, the amount of the judgment rendered and any costs assessed against the tenant shall be first satisfied, to the extent possible, out of the bond.

  21. Tex. Property Code Sec. 54.901. DISPOSAL OF CERTAIN MOTOR VEHICLES SUBJECT TO LIEN.

Chapter 55

  1. Tex. Property Code Sec. 55.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 55.0015. ADMISSION TO HOSPITAL. For purposes of this chapter, an injured individual is considered admitted to a hospital if the individual is allowed access to any department of the hospital for the provision of any treatment, care, or service to the individual.

  3. Tex. Property Code Sec. 55.002. LIEN.

  4. Tex. Property Code Sec. 55.003. PROPERTY TO WHICH LIEN ATTACHES.

  5. Tex. Property Code Sec. 55.004. AMOUNT OF LIEN.

  6. Tex. Property Code Sec. 55.005. SECURING LIEN.

  7. Tex. Property Code Sec. 55.006. DISCHARGE OF LIEN.

  8. Tex. Property Code Sec. 55.007. VALIDITY OF RELEASE.

  9. Tex. Property Code Sec. 55.008. RECORDS.

Chapter 56

  1. Tex. Property Code Sec. 56.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 56.002. LIEN. A mineral contractor or subcontractor has a lien to secure payment for labor or services related to the mineral activities.

  3. Tex. Property Code Sec. 56.003. PROPERTY SUBJECT TO LIEN.

  4. Tex. Property Code Sec. 56.004. PRIORITY.

  5. Tex. Property Code Sec. 56.005. ACCRUAL OF INDEBTEDNESS.

  6. Tex. Property Code Sec. 56.006. LIABILITY OF OWNER. An owner of land or a leasehold may not be subjected to liability under this chapter greater than the amount agreed to be paid in the contract for furnishing material or performing labor.

  7. Tex. Property Code Sec. 56.021. SECURING LIEN.

  8. Tex. Property Code Sec. 56.022. CONTENTS OF AFFIDAVIT.

  9. Tex. Property Code Sec. 56.023. CONTENTS OF MINERAL SUBCONTRACTOR'S NOTICE. A mineral subcontractor's notice to the property owner must include the amount of the lien, the name of the person indebted to the subcontractor, and a description of the land, leasehold interest, pipeline, or pipeline right-of-way involved.

  10. Tex. Property Code Sec. 56.024. FILING IN NEW COUNTY.

  11. Tex. Property Code Sec. 56.041. ENFORCEMENT.

  12. Tex. Property Code Sec. 56.042. SALE OR REMOVAL OF PROPERTY.

  13. Tex. Property Code Sec. 56.043. RETENTION OF PAYMENT. A property owner who is served with a mineral subcontractor's notice may withhold payment to the contractor in the amount claimed until the debt on which the lien is based is settled or determined to be not owed. The owner is not liable to the subcontractor for more than the amount that the owner owes the original contractor when the notice is received.

  14. Tex. Property Code Sec. 56.044. FORFEITURE OF LEASEHOLD. Forfeiture of a leasehold does not impair a lien on material, machinery, supplies, or an improvement located on the leasehold if:

  15. Tex. Property Code Sec. 56.045. EQUITABLE OR CONTINGENT INTEREST. Failure of an equitable interest to become legal title or nonfulfillment of a condition subsequent on which a legal interest is contingent does not impair a lien on material, machinery, supplies, or an improvement located on the land covered by the equitable interest if the lien attached to the material, machinery, supplies, or improvement before the failure.

Chapter 57

  1. Tex. Property Code Sec. 57.001. RAILROAD LABORER'S LIEN. A mechanic, laborer, or other person who works or uses tools or a team in the construction, operation, or repair of a railroad or railroad equipment has a lien on the railroad and equipment for the amount owed for the labor or the use of the tools or team.

  2. Tex. Property Code Sec. 57.002. PRIORITY. A lien under this chapter takes priority over all other liens on the same property.

  3. Tex. Property Code Sec. 57.003. DURATION OF LIEN. A lien under this chapter ceases to exist 12 months after the day that it is created, unless the lien claimant has sued to foreclose the lien.

  4. Tex. Property Code Sec. 57.004. ENFORCEMENT. A court in a suit to foreclose the lien shall render judgment for the amount due and order to be sold as much of the railroad right-of-way and equipment as is necessary to satisfy the judgment only if:

  5. Tex. Property Code Sec. 57.005. VENUE. A suit to foreclose a lien under this chapter may be brought in a county in which:

  6. Tex. Property Code Sec. 57.006. PARTIES. Holders of other liens on the same property are not necessary parties to a suit to foreclose a lien under this chapter but may intervene in the suit.

Chapter 58

  1. Tex. Property Code Sec. 58.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 58.002. LIEN.

  3. Tex. Property Code Sec. 58.003. PROPERTY SUBJECT TO LIEN. Each thing of value owned by or in the possession or control of the employer or the employer's agent, receiver, or trustee is subject to the lien if:

  4. Tex. Property Code Sec. 58.004. SECURING LIEN.

  5. Tex. Property Code Sec. 58.005. PRIORITY.

  6. Tex. Property Code Sec. 58.006. DURATION OF LIEN. The lien ceases to exist six months after the day that it is secured unless the lien claimant has sued to foreclose the lien.

  7. Tex. Property Code Sec. 58.007. PURCHASE OF PROPERTY TO WHICH LIEN HAS ATTACHED.

  8. Tex. Property Code Sec. 58.008. ASSIGNMENT OF LIEN. The lien may be assigned. An assignee receives the rights and privileges held by the assignor under the lien.

  9. Tex. Property Code Sec. 58.009. PAYMENT OF WAGES. For purposes of this chapter, wages are due weekly for work performed by the day or week and monthly for work performed by the month, and an employer shall pay wages in United States legal tender.

Chapter 59

  1. Tex. Property Code Sec. 59.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 59.002. APPLICABILITY. This chapter applies to a self-service storage facility rental agreement that is entered into, extended, or renewed after September 1, 1981.

  3. Tex. Property Code Sec. 59.003. APPLICABILITY OF OTHER STATUTES.

  4. Tex. Property Code Sec. 59.004. VARIATION BY AGREEMENT AND WAIVER. Except as expressly provided by this chapter, a lessor or tenant may not vary the provisions of this chapter by agreement or waive rights conferred by this chapter.

  5. Tex. Property Code Sec. 59.005. DAMAGES FOR VIOLATION. A person injured by a violation of this chapter may sue for damages under the Deceptive Trade Practices--Consumer Protection Act (Subchapter E, Chapter 17, Business & Commerce Code).

  6. Tex. Property Code Sec. 59.006. ATTACHMENT AND PRIORITY OF LIEN. A lien under this chapter attaches on the date the tenant places the property at the self-service storage facility. The lien takes priority over all other liens on the same property.

  7. Tex. Property Code Sec. 59.007. PURCHASE OF PROPERTY. A good faith purchaser of property sold to satisfy a lien under this chapter takes the property free of a claim by a person against whom the lien was valid, regardless of whether the lessor has complied with this chapter.

  8. Tex. Property Code Sec. 59.008. REDEMPTION. A tenant may redeem property seized under a judicial order or a contractual landlord's lien prior to its sale or other disposition by paying the lessor the amount of the lien and the lessor's reasonable expenses incurred under this chapter.

  9. Tex. Property Code Sec. 59.009. RESIDENTIAL USE. A tenant may not use or allow the use of a self-service storage facility as a residence.

  10. Tex. Property Code Sec. 59.010. RIGHTS OF CERTAIN MILITARY MEMBERS.

  11. Tex. Property Code Sec. 59.021. LIEN; PROPERTY ATTACHED. A lessor has a lien on all property in a self-service storage facility for the payment of charges that are due and unpaid by the tenant.

  12. Tex. Property Code Sec. 59.041. ENFORCEMENT OF LIEN.

  13. Tex. Property Code Sec. 59.042. PROCEDURE FOR SEIZURE AND SALE.

  14. Tex. Property Code Sec. 59.043. CONTENTS AND DELIVERY OF NOTICE OF CLAIM; INFORMATION REGARDING TENANT'S MILITARY SERVICE.

  15. Tex. Property Code Sec. 59.044. NOTICE OF SALE.

  16. Tex. Property Code Sec. 59.0445. NOTICE TO OWNER AND LIENHOLDERS.

  17. Tex. Property Code Sec. 59.045. CONDUCT OF SALE.

  18. Tex. Property Code Sec. 59.046. EXCESS PROCEEDS OF SALE. If the proceeds of a sale under this subchapter are greater than the amount of the lien and the reasonable expenses of the sale, the lessor shall deliver written notice of the excess to the tenant's last known address as stated in the rental agreement or in a written notice from the tenant to the lessor furnished after the execution of the rental agreement. The lessor shall retain the excess and deliver it to the tenant if the tenant requests it before two years after the date of the sale. If the tenant does not request the excess before two years after the date of the sale, the lessor owns the excess.

  19. Tex. Property Code Sec. 59.051. APPLICABILITY. This subchapter applies only to property that is:

  20. Tex. Property Code Sec. 59.052. TRANSFER OF CERTAIN PROPERTY TO VEHICLE STORAGE FACILITY. Notwithstanding Subchapter C, a lessor who takes possession of property to which this subchapter applies to enforce a lien under this chapter may transfer possession of the property and have the property towed to a vehicle storage facility for disposition by the vehicle storage facility under Subchapter D, Chapter 2303, Occupations Code, if:

  21. Tex. Property Code Sec. 59.053. LIEN EXTINGUISHED. A lessor's lien on property towed to a vehicle storage facility under Section 59.052 is extinguished when the property is towed from the self-service storage facility.

  22. Tex. Property Code Sec. 59.054. OTHER RIGHTS AND REMEDIES NOT AFFECTED. Except as provided by Section 59.053, this subchapter does not affect any right or remedy of the lessor at law or in equity.

  23. Tex. Property Code Sec. 59.055. LESSOR'S LIABILITY FOR PROPERTY. A lessor is not liable to a tenant for any damage to property that the lessor has towed under Section 59.052 that occurs during the tow or after the property is towed from the self-service storage facility.

Chapter 60

  1. Tex. Property Code Sec. 60.001. LIEN. A worker in the editorial, reportorial, advertising, or business department of a newspaper, periodical, or other publication who labors or performs a service for the publication under a written or an oral contract with any person has a first lien under this chapter for the amount due under the contract.

  2. Tex. Property Code Sec. 60.002. PROPERTY SUBJECT TO LIEN. The lien attaches to all products, papers, machinery, tools, fixtures, appurtenances, goods, wares, merchandise, subscription contracts, chattels, or other things of value that are created wholly or partly by the labor of the workers or that are necessarily connected with the performance of their labor or service and that are owned by or in possession of the person with whom the workers contracted.

Chapter 61

  1. Tex. Property Code Sec. 61.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 61.002. LIEN. A mortgagee has a lien on a cause of action or other claim of a mortgagor in connection with an accident that involves a motor vehicle on which the mortgagee has perfected a lien and that is attributable to the negligence of another person.

  3. Tex. Property Code Sec. 61.003. PROPERTY TO WHICH LIEN ATTACHES. The lien attaches to:

  4. Tex. Property Code Sec. 61.004. AMOUNT OF LIEN. The amount of the lien is the lesser of:

  5. Tex. Property Code Sec. 61.005. DISCHARGE OF LIEN. If the property to which a lien created under this chapter attaches is paid jointly to the mortgagee and the mortgagor, the lien is discharged.

  6. Tex. Property Code Sec. 61.006. ATTORNEY'S FEES. The prevailing party in an action to enforce this chapter is entitled to recover reasonable attorney's fees.

Chapter 62

  1. Tex. Property Code Sec. 62.001. SHORT TITLE. This chapter may be cited as the Broker's and Appraiser's Lien on Commercial Real Estate Act.

  2. Tex. Property Code Sec. 62.002. APPLICABILITY.

  3. Tex. Property Code Sec. 62.003. DEFINITIONS. In this chapter:

  4. Tex. Property Code Sec. 62.004. PAYABLE COMMISSION AND EARNED COMMISSION.

  5. Tex. Property Code Sec. 62.005. BROKER'S ADDRESS FOR RECEIPT OF NOTICE. A seller, lessor, buyer, or tenant shall send any notice required to be sent to the broker under this chapter to the broker:

  6. Tex. Property Code Sec. 62.021. PERSON ENTITLED TO LIEN.

  7. Tex. Property Code Sec. 62.022. WAIVER, RELEASE, OR DISCHARGE OF LIEN; ASSUMPTION OF COMMISSION OBLIGATION.

  8. Tex. Property Code Sec. 62.023. AFFIDAVIT IDENTIFYING BROKER. If requested by the buyer, the buyer's authorized agent, or the escrow agent for the commercial real estate transaction, the seller of commercial real estate and the broker representing the seller shall provide to the requesting party before the closing of the transaction a written affidavit identifying each broker with whom the affiant knows or believes the seller or the seller's authorized agent has signed a commission agreement under which a commission is claimed or earned and has not been paid.

  9. Tex. Property Code Sec. 62.024. FILING OF NOTICE OF LIEN.

  10. Tex. Property Code Sec. 62.025. CONTENTS OF NOTICE OF LIEN. The notice of lien must be signed by the broker or by a person authorized to sign on behalf of the broker and must contain the following:

  11. Tex. Property Code Sec. 62.026. NOTICE OF FILING.

  12. Tex. Property Code Sec. 62.027. INCEPTION OF BROKER'S LIEN.

  13. Tex. Property Code Sec. 62.028. PRIORITY.

  14. Tex. Property Code Sec. 62.029. SUBORDINATION.

  15. Tex. Property Code Sec. 62.030. MIXED-USE REAL ESTATE. If real estate is zoned or restricted for more than one use, the broker's lien attaches only to the portions of the real estate that constitute commercial real estate.

  16. Tex. Property Code Sec. 62.031. CHANGE IN USE OF REAL ESTATE.

  17. Tex. Property Code Sec. 62.041. TIME TO FILE.

  18. Tex. Property Code Sec. 62.061. SUIT TO FORECLOSE LIEN.

  19. Tex. Property Code Sec. 62.062. STATUTE OF LIMITATIONS.

  20. Tex. Property Code Sec. 62.063. ASSESSMENT OF COSTS, FEES, AND INTEREST. The prevailing party in a suit brought under this subchapter is entitled to court costs, reasonable attorney's fees, and prejudgment interest from the date the commission becomes payable or the date the damage accrues.

  21. Tex. Property Code Sec. 62.081. RELEASE OF LIEN.

  22. Tex. Property Code Sec. 62.101. ESCROW ACCOUNT. If a claim for a lien under a recorded notice of lien is not paid or assumed at the closing of a sale, lease, or mortgage of the commercial real estate interest subject to the lien and would prevent the closing of the transaction or conveyance or if a claim for a lien under a recorded notice of lien does not survive the closing, any person named in the notice of lien as obligated to pay the commission shall, on the date of the closing:

  23. Tex. Property Code Sec. 62.102. NAMED ESCROW AGENT. If an escrow agent is named in the contract on which the transaction or conveyance is based, the escrow account shall be established with the named escrow agent.

  24. Tex. Property Code Sec. 62.103. COSTS OF INTERPLEADER. Related costs for any interpleader action may be deducted from the escrow account by the person maintaining the escrow account.

  25. Tex. Property Code Sec. 62.104. REFUSAL TO ESTABLISH ESCROW ACCOUNT OR BOND.

  26. Tex. Property Code Sec. 62.105. TERM OF ESCROW ACCOUNT. The amount held in escrow shall be held in escrow until:

  27. Tex. Property Code Sec. 62.106. EXTINGUISHMENT OF LIEN UPON ESCROW. When the escrow account is established under this subchapter, the broker's lien against the commercial real estate is extinguished and becomes a lien on the proceeds in the escrow account.

  28. Tex. Property Code Sec. 62.121. BOND.

  29. Tex. Property Code Sec. 62.122. BOND REQUIREMENTS. The bond must:

  30. Tex. Property Code Sec. 62.123. NOTICE OF BOND.

  31. Tex. Property Code Sec. 62.124. RECORDING OF BOND AND NOTICE.

  32. Tex. Property Code Sec. 62.125. ACTION ON BOND.

  33. Tex. Property Code Sec. 62.141. OWNER'S OR TENANT'S REMEDIES.

  34. Tex. Property Code Sec. 62.142. BROKER'S REMEDIES.

Chapter 63

  1. Tex. Property Code Sec. 63.001. MANUFACTURED HOMES. In this chapter, "manufactured home" has the meaning assigned by Chapter 1201, Occupations Code.

  2. Tex. Property Code Sec. 63.002. APPLICABILITY. This chapter applies only to a lien on a manufactured home if the loan or credit advance documents state or indicate that the lien:

  3. Tex. Property Code Sec. 63.003. CONVERSION OF LIEN FROM PERSONAL PROPERTY LIEN TO REAL PROPERTY LIEN. When the manufactured home converts to real property as provided by Section 2.001(b), the lien on the property:

  4. Tex. Property Code Sec. 63.004. REFINANCING OF LIEN.

  5. Tex. Property Code Sec. 63.005. CONVERSION OF LIEN FROM A PERSONAL PROPERTY LIEN TO A REAL PROPERTY LIEN FOR THE DEBT FOR THE NEW IMPROVEMENTS THEREON.

Chapter 64

  1. Tex. Property Code Sec. 64.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 64.002. MANNER OF GIVING NOTICE.

  3. Tex. Property Code Sec. 64.051. SECURITY INSTRUMENT CREATES ASSIGNMENT OF RENTS; ASSIGNMENT OF RENTS CREATES SECURITY INTEREST.

  4. Tex. Property Code Sec. 64.052. RECORDATION AND PERFECTION OF SECURITY INTEREST IN RENTS; PRIORITY OF INTERESTS IN RENTS.

  5. Tex. Property Code Sec. 64.053. ENFORCEMENT OF SECURITY INTEREST IN RENTS GENERALLY.

  6. Tex. Property Code Sec. 64.054. ENFORCEMENT BY NOTICE TO ASSIGNOR.

  7. Tex. Property Code Sec. 64.055. ENFORCEMENT BY NOTICE TO TENANT.

  8. Tex. Property Code Sec. 64.056. FORM OF NOTICE TO TENANT. The following form of notice, when properly completed, satisfies the requirements of Section 64.055(a):

  9. Tex. Property Code Sec. 64.057. EFFECT OF ENFORCEMENT. The enforcement of an assignment of rents by a method provided by Section 64.054 or 64.055, the application of proceeds by the assignee under Section 64.059 after enforcement, the payment of expenses under Section 64.058, or an action under Section 64.060 does not:

  10. Tex. Property Code Sec. 64.058. APPLICATION OF PROCEEDS GENERALLY. Unless otherwise agreed, an assignee who collects rents under this chapter or collects on a judgment in an action under Section 64.060 shall apply the sums collected in the following order to:

  11. Tex. Property Code Sec. 64.059. APPLICATION OF PROCEEDS TO EXPENSES OF PROTECTING REAL PROPERTY; CLAIMS AND DEFENSES OF TENANT.

  12. Tex. Property Code Sec. 64.060. TURNOVER OF RENTS; LIABILITY OF ASSIGNOR.

  13. Tex. Property Code Sec. 64.061. ATTACHMENT, PERFECTION, AND PRIORITY OF ASSIGNEE'S SECURITY INTEREST IN PROCEEDS.

  14. Tex. Property Code Sec. 64.062. PRIORITY SUBJECT TO SUBORDINATION. This chapter does not preclude subordination by agreement by a person entitled to priority.

Chapter 65

  1. Tex. Property Code Sec. 65.001. APPLICATION OF CHAPTER. This chapter applies only to residential property:

  2. Tex. Property Code Sec. 65.0011. APPLICATION TO INSTITUTIONS OF HIGHER EDUCATION. This chapter does not apply to residential property for which an institution of higher education is a co-owner.

  3. Tex. Property Code Sec. 65.002. CONDITIONS FOR AUTHORITY TO ACT AS AGENT FOR CO-OWNER. A co-owner of residential property may act in the name of and on behalf of another co-owner, whether known or unknown, as the co-owner's statutory agent and attorney-in-fact for the purposes described by Section 65.004 if:

  4. Tex. Property Code Sec. 65.003. REQUIRED DOCUMENTATION. The occupying co-owner may establish the authority to act as an agent and attorney-in-fact for another co-owner by filing in the office of the county clerk of the county in which the real property is located:

  5. Tex. Property Code Sec. 65.004. SCOPE OF AUTHORITY.

Chapter 66

  1. Tex. Property Code Sec. 66.001. SALE OF PROPERTY SUBJECT TO OIL OR GAS LEASE.

Chapter 67

  1. Tex. Property Code Sec. 67.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 67.002. OIL AND GAS LIEN.

  3. Tex. Property Code Sec. 67.003. TRANSFER OF OIL AND GAS RIGHTS.

  4. Tex. Property Code Sec. 67.004. AUTOMATIC PERFECTION OF LIEN. An oil and gas lien of an interest owner is perfected automatically without the need to file a financing statement or any other type of documentation.

  5. Tex. Property Code Sec. 67.005. COMMINGLING.

  6. Tex. Property Code Sec. 67.006. RIGHTS OF PURCHASERS.

  7. Tex. Property Code Sec. 67.007. PRIORITY IN RELATION TO OTHER LIENS OR SECURITY INTERESTS. Except for a permitted lien, an oil and gas lien takes priority over any other lien, whether arising by contract, law, equity, or otherwise, or any security interest.

  8. Tex. Property Code Sec. 67.008. TITLE NOT AFFECTED. This chapter does not affect:

  9. Tex. Property Code Sec. 67.009. WAIVER.

  10. Tex. Property Code Sec. 67.010. LIMITATION ON FILING ACTION TO ENFORCE LIEN.

  11. Tex. Property Code Sec. 67.011. VENUE; JURISDICTION.

  12. Tex. Property Code Sec. 67.012. PAYMENT DISPUTES. In the case of a payment dispute between an operator and another interest owner, a good-faith tender of money in satisfaction of a debt or security interest by one person operates as a tender of the money to both if tender is made:

  13. Tex. Property Code Sec. 67.013. COSTS; ATTORNEY'S FEES. The prevailing party in an action brought under this chapter is entitled to court costs and reasonable attorney's fees.

  14. Tex. Property Code Sec. 67.014. CERTAIN RIGHTS OF OPERATOR NOT IMPAIRED. This chapter does not impair an operator's right to be paid, set-off, or withhold funds from another interest owner as security for or in satisfaction of a debt or security interest.

  15. Tex. Property Code Sec. 67.015. INTEREST OWNER RIGHTS CUMULATIVE. The provisions of this chapter and the rights granted under this chapter are intended to be cumulative with all other rights an interest owner may otherwise have at law or in equity, including the right of any interest owner to maintain a personal action to recover the debt against any person liable for payment of the sales price of the oil or gas.

  16. Tex. Property Code Sec. 67.016. LIBERAL CONSTRUCTION OF INTEREST OWNER RIGHTS. The rights of the interest owner shall be liberally construed to give the interest owner the most comprehensive protection to secure the receipt by the interest owner of the sales price.

  17. Tex. Property Code Sec. 67.017. CONFLICT OF LAWS. To the extent of a conflict between the provisions of this chapter and other law, this chapter prevails.

Chapter 68

  1. Tex. Property Code Sec. 68.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 68.051. GENERAL RICO LIEN NOTICE.

  3. Tex. Property Code Sec. 68.052. ATTORNEY GENERAL OR LOCAL PROSECUTOR RICO LIEN NOTICE.

  4. Tex. Property Code Sec. 68.053. FORMAT OF NOTICE.

  5. Tex. Property Code Sec. 68.054. SERVICE OF NOTICE.

  6. Tex. Property Code Sec. 68.055. CREATION AND PRIORITY OF RICO LIEN.

  7. Tex. Property Code Sec. 68.056. LIS PENDENS; INTERESTS OF PERSONS ACQUIRING INTEREST IN PROPERTY.

  8. Tex. Property Code Sec. 68.057. DUTIES OF TRUSTEE; CRIMINAL OFFENSE.

  9. Tex. Property Code Sec. 68.058. LIABILITY OF TRUSTEE FOR CONVEYANCE OF TITLE.

  10. Tex. Property Code Sec. 68.059. EFFECT ON TRUST OF RICO LIEN NOTICE.

  11. Tex. Property Code Sec. 68.060. TRUST EXCEPTIONS.

  12. Tex. Property Code Sec. 68.061. RIGHTS OF INNOCENT PERSONS. All forfeitures or dispositions under this chapter must be made with due provision for the rights of innocent persons.

  13. Tex. Property Code Sec. 68.062. EXPIRATION, RENEWAL, AND RELEASE OF RICO LIEN NOTICE.

  14. Tex. Property Code Sec. 68.063. EFFECT OF CRIMINAL CASE ON RICO LIEN NOTICE. If a civil action has not been brought by an investigative agency seeking a forfeiture of any property owned by the person named in the RICO lien notice, the acquittal in a criminal proceeding brought under Chapter 72, Penal Code, of the person named in the notice or the dismissal of the criminal proceeding terminates the notice and, in such case, the filing of the notice is void. If the criminal proceeding has been dismissed or the person named in the notice has been acquitted in the criminal proceeding, the notice continues for the duration of a civil action brought under Chapter 140B, Civil Practice and Remedies Code.

  15. Tex. Property Code Sec. 68.064. TERMINATION OR RELEASE OF RICO LIEN NOTICE BY COURT.

Chapter 70

  1. Tex. Property Code Sec. 70.001. WORKER'S LIEN.

  2. Tex. Property Code Sec. 70.002. LIENS ON GARMENTS. A person with whom a garment is left for repair, alteration, dyeing, cleaning, laundering, or pressing may retain possession of the garment until:

  3. Tex. Property Code Sec. 70.003. STABLE KEEPER'S, GARAGEMAN'S, PASTURER'S, AND COTTON GINNER'S LIEN'S.

  4. Tex. Property Code Sec. 70.004. POSSESSION OF MOTOR VEHICLE, MOTORBOAT, VESSEL, OR OUTBOARD MOTOR.

  5. Tex. Property Code Sec. 70.005. SALE OF PROPERTY.

  6. Tex. Property Code Sec. 70.006. SALE OR DISPOSAL OF MOTOR VEHICLE, MOTORBOAT, VESSEL, OR OUTBOARD MOTOR.

  7. Tex. Property Code Sec. 70.007. UNCLAIMED EXCESS.

  8. Tex. Property Code Sec. 70.008. ATTORNEY'S FEES. The court in a suit concerning possession of a motor vehicle, motorboat, vessel, or outboard motor and a debt due on it may award reasonable attorney's fees to the prevailing party.

  9. Tex. Property Code Sec. 70.009. PLASTIC FABRICATOR LIENS.

  10. Tex. Property Code Sec. 70.010. LIENS FOR VETERINARY CARE CHARGES FOR LARGE ANIMALS.

  11. Tex. Property Code Sec. 70.101. GENERAL LIEN ON VESSELS. A person who furnishes supplies or materials or who performs repairs or labor for or on account of a domestic vessel that is owned in whole or part in this state has a lien for the person's charges.

  12. Tex. Property Code Sec. 70.102. LIEN OF NAVIGATION DISTRICT OR PORT.

  13. Tex. Property Code Sec. 70.103. PROPERTY SUBJECT TO LIEN. A lien under this subchapter attaches to the vessel and its tackle, apparel, furniture, and freight money.

  14. Tex. Property Code Sec. 70.104. PERSONS WHO MAY BIND VESSEL.

  15. Tex. Property Code Sec. 70.201. STOCK BREEDER'S LIEN. An owner or keeper of a stallion, jack, bull, or boar confined to be bred for profit has a preference lien on the offspring of the animal for the amount of the charges for the breeding services, unless the owner or keeper misrepresents the animal by false pedigree.

  16. Tex. Property Code Sec. 70.202. ENFORCEMENT OF LIEN. The lien may be enforced in the same manner as a statutory landlord's lien. The lien remains in force for 10 months from the day that the offspring is born, but the lien may not be enforced until five months after the date of birth of the offspring.

  17. Tex. Property Code Sec. 70.301. LIEN.

  18. Tex. Property Code Sec. 70.302. POSSESSION.

  19. Tex. Property Code Sec. 70.303. RECORDING OF LIEN: AIRCRAFT REGISTERED IN UNITED STATES. A holder of a lien under this subchapter may record the lien on the aircraft by filing with the Federal Aviation Administration Aircraft Registry not later than the 180th day after the date of the completion of the contractual storage period or the performance of the last repair or maintenance a verified document in the form and manner required by applicable federal laws and regulations that states:

  20. Tex. Property Code Sec. 70.3031. RECORDING OF LIEN: AIRCRAFT NOT REGISTERED IN UNITED STATES.

  21. Tex. Property Code Sec. 70.304. NOTICE TO OWNER AND LIENHOLDERS.

  22. Tex. Property Code Sec. 70.305. SALE OF AIRCRAFT. If the holder of a lien under this subchapter provides the notice required by Section 70.304 and the amount due remains unpaid after the 90th day after the date of the completion of the contractual storage period or the performance of the last fueling, repair, or maintenance, the holder of the lien may sell the aircraft at a public sale and apply the proceeds to the amount due. The lienholder shall pay any excess proceeds to the person entitled to them.

  23. Tex. Property Code Sec. 70.306. ATTORNEY'S FEES. The court in a suit brought under this subchapter may award reasonable attorney's fees to the prevailing party.

  24. Tex. Property Code Sec. 70.307. CRIMINAL OFFENSE: IMPROPERLY OBTAINING POSSESSION OF AIRCRAFT SUBJECT TO LIEN.

  25. Tex. Property Code Sec. 70.401. DEFINITIONS. In this subchapter:

  26. Tex. Property Code Sec. 70.402. LIEN CREATED.

  27. Tex. Property Code Sec. 70.403. WHEN LIEN ATTACHES. A lien created under this subchapter attaches on the date on which physical possession of the agricultural crop is delivered or transferred by the agricultural producer to the warehouse or to the contract purchaser or the purchaser's agent, or if there is to be a series of deliveries, on the date of the first delivery of the agricultural crop.

  28. Tex. Property Code Sec. 70.404. APPLICABILITY OF OTHER LAW; EFFECT ON OTHER LAW.

  29. Tex. Property Code Sec. 70.4045. PERFECTION AND PRIORITY OF AGRICULTURAL LIEN ON CROPS.

  30. Tex. Property Code Sec. 70.405. DURATION OF LIEN. A lien created under this subchapter expires on the first anniversary of the date of attachment.

  31. Tex. Property Code Sec. 70.406. EFFECT OF LIEN; RECOVERY.

  32. Tex. Property Code Sec. 70.407. DISCHARGE OF LIEN.

  33. Tex. Property Code Sec. 70.408. JOINDER OF ACTIONS. Persons claiming a lien against the same agricultural crop under this subchapter may join in the same action, and if separate actions are commenced, the court may consolidate them.

  34. Tex. Property Code Sec. 70.409. RECOVERY OF COSTS. An agricultural producer who prevails in an action brought to enforce a lien created under this subchapter is entitled to recover:

  35. Tex. Property Code Sec. 70.410. WAIVER OF CERTAIN RIGHTS PROHIBITED. An agricultural producer's agreement with a warehouse or a contract purchaser to waive the producer's right to seek a remedy provided by this subchapter is void.

  36. Tex. Property Code Sec. 70.501. LANDOWNER'S LIEN. A person who owns real property in this state that is enclosed by a fence or other structure obviously designed to exclude intruders or to contain livestock or other animals may obtain from a court in this state a judgment entitling the person to a lien against the motor vehicle of a person who damages the landowner's fence with the motor vehicle if the person who damages the landowner's fence:

  37. Tex. Property Code Sec. 70.502. AMOUNT OF LIEN. The amount of a landowner's lien under this subchapter is equal to the lesser of:

  38. Tex. Property Code Sec. 70.503. PROPERTY TO WHICH LIEN ATTACHES. A landowner's lien under this chapter attaches only to a motor vehicle that causes damage to a fence as described by Section 70.501.

  39. Tex. Property Code Sec. 70.504. PERFECTING LIEN. A landowner may perfect a lien under this subchapter in the manner provided by Subchapter F, Chapter 501, Transportation Code.

  40. Tex. Property Code Sec. 70.505. EXPIRATION AND DISCHARGE OF LIEN. A lien under this subchapter does not expire and is discharged only when the landowner receives payment of the lien.

  41. Tex. Property Code Sec. 70.506. REMOVAL OF VEHICLE FROM LANDOWNER'S PROPERTY. A landowner whose fence is damaged by a motor vehicle that is then abandoned on the owner's property, or the landowner's agent, may:

Chapter 71

  1. Tex. Property Code Sec. 71.001. ESCHEAT.

  2. Tex. Property Code Sec. 71.002. PRESUMPTION OF DEATH. An individual is presumed dead for the purpose of determining if the individual's real or personal property is subject to escheat if the individual:

  3. Tex. Property Code Sec. 71.003. PRESUMPTION OF INTESTACY. An individual is presumed to have died intestate if, on or before the seventh anniversary of the date of the individual's death, the individual's will has not been recorded or probated in the county where the individual's property is located.

  4. Tex. Property Code Sec. 71.004. PRESUMPTION OF DEATH WITHOUT HEIRS. An individual is presumed to have died leaving no heirs if for the seven-year period preceding the court's determination:

  5. Tex. Property Code Sec. 71.005. ACT OF OWNERSHIP. For the purposes of this chapter, an individual exercises a lawful act of ownership in property by, personally or through an agent, paying taxes to this state on the property.

  6. Tex. Property Code Sec. 71.006. REVIEW OF PROBATE DECREE.

  7. Tex. Property Code Sec. 71.007. IDENTIFICATION OF REAL PROPERTY SUBJECT TO ESCHEAT. The tax assessor-collector of each county shall:

  8. Tex. Property Code Sec. 71.101. PETITION FOR ESCHEAT.

  9. Tex. Property Code Sec. 71.102. CITATION.

  10. Tex. Property Code Sec. 71.103. PARTY TO PROCEEDING.

  11. Tex. Property Code Sec. 71.104. APPEARANCE OF CLAIMANTS. Any person, whether named in the escheat petition or not, who claims an interest in property that is the subject of an escheat proceeding may appear, enter a pleading, and oppose the facts stated in the petition.

  12. Tex. Property Code Sec. 71.105. TRIAL.

  13. Tex. Property Code Sec. 71.106. DEFAULT JUDGMENT. If citation is issued in accordance with Section 71.102 and no person answers within the period provided by the Texas Rules of Civil Procedure, the court shall render a default judgment in favor of the state.

  14. Tex. Property Code Sec. 71.107. JUDGMENT FOR STATE.

  15. Tex. Property Code Sec. 71.108. COSTS PAID BY STATE. If the property does not escheat, the state shall pay court costs. The clerk of the court shall certify the amount of the costs, and when the certificate is filed in the office of the comptroller of public accounts, the comptroller shall issue a warrant for the amount of the costs.

  16. Tex. Property Code Sec. 71.109. APPEAL; WRIT OF ERROR. A party who appeared at an escheat proceeding may appeal the judgment rendered or may file an application for a writ of error on the judgment. The attorney general or the other person acting on behalf of the state in the escheat proceeding may make an appeal or file the writ.

  17. Tex. Property Code Sec. 71.201. SEIZURE AND SALE OF PERSONAL PROPERTY.

  18. Tex. Property Code Sec. 71.202. DISPOSITION OF REAL PROPERTY.

  19. Tex. Property Code Sec. 71.203. ACCOUNT OF ESCHEATED PROPERTY. The comptroller shall keep an account of the money paid to and real property vested in this state under this chapter.

  20. Tex. Property Code Sec. 71.301. SUIT FOR ESCHEATED PERSONAL PROPERTY.

  21. Tex. Property Code Sec. 71.302. RECOVERY OF PERSONAL PROPERTY.

  22. Tex. Property Code Sec. 71.303. SUIT FOR ESCHEATED REAL PROPERTY.

  23. Tex. Property Code Sec. 71.304. STATE AS PARTY IN SUIT FOR ASSETS.

Chapter 72

  1. Tex. Property Code Sec. 72.001. APPLICATION OF CHAPTER.

  2. Tex. Property Code Sec. 72.101. PERSONAL PROPERTY PRESUMED ABANDONED.

  3. Tex. Property Code Sec. 72.1015. UNCLAIMED WAGES.

  4. Tex. Property Code Sec. 72.1016. STORED VALUE CARD.

  5. Tex. Property Code Sec. 72.1017. UTILITY DEPOSITS.

  6. Tex. Property Code Sec. 72.102. TRAVELER'S CHECK AND MONEY ORDER.

  7. Tex. Property Code Sec. 72.1021. SHARES OF MUTUAL FUND; DESIGNATION OF REPRESENTATIVE FOR NOTICE.

  8. Tex. Property Code Sec. 72.103. PRESERVATION OF PROPERTY. Notwithstanding any other provision of this title except a provision of this section or Section 72.1016 relating to a money order or a stored value card, a holder of abandoned property shall preserve the property and may not at any time, by any procedure, including a deduction for service, maintenance, or other charge, transfer or convert to the profits or assets of the holder or otherwise reduce the value of the property. For purposes of this section, value is determined as of the date of the last transaction or contact concerning the property, except that in the case of a money order, value is determined as of the date the property is presumed abandoned under Section 72.102(c). If a holder imposes service, maintenance, or other charges on a money order prior to the time of presumed abandonment, such charges may not exceed the amount of $1 per month for each month the money order remains uncashed prior to the month in which the money order is presumed abandoned.

  9. Tex. Property Code Sec. 72.104. TANGIBLE PERSONAL PROPERTY HELD BY COUNTY. Tangible personal property that is found on county land or in a county park, facility, or right-of-way is presumed abandoned if, for longer than 120 days:

Chapter 73

  1. Tex. Property Code Sec. 73.001. DEFINITIONS AND APPLICATION OF CHAPTER.

  2. Tex. Property Code Sec. 73.002. DEPOSITORY. For the purposes of this chapter, a depository is a bank, savings and loan association, credit union, or other banking organization that:

  3. Tex. Property Code Sec. 73.003. PRESERVATION OF INACTIVE ACCOUNT OR SAFE DEPOSIT BOX.

  4. Tex. Property Code Sec. 73.101. INACTIVE ACCOUNT OR SAFE DEPOSIT BOX PRESUMED ABANDONED.

  5. Tex. Property Code Sec. 73.102. CHECKS. A check is presumed to be abandoned on the latest of:

  6. Tex. Property Code Sec. 73.103. DESIGNATION OF REPRESENTATIVE FOR NOTICE.

Chapter 74

  1. Tex. Property Code Sec. 74.001. APPLICABILITY.

  2. Tex. Property Code Sec. 74.101. PROPERTY REPORT.

  3. Tex. Property Code Sec. 74.1011. NOTICE BY PROPERTY HOLDER REQUIRED.

  4. Tex. Property Code Sec. 74.102. SIGNED STATEMENT.

  5. Tex. Property Code Sec. 74.103. RETENTION OF RECORDS.

  6. Tex. Property Code Sec. 74.104. CONFIDENTIALITY OF PROPERTY REPORT; EXCEPTIONS.

  7. Tex. Property Code Sec. 74.105. COMBINED REPORTING.

  8. Tex. Property Code Sec. 74.106. CONTINUING REPORTING REQUIREMENT.

  9. Tex. Property Code Sec. 74.201. REQUIRED NOTICE.

  10. Tex. Property Code Sec. 74.202. NOTICE FOR ITEM WITH VALUE OF LESS THAN $100. In the notice required by Section 74.201, the comptroller is not required to publish information regarding an item having a value that is less than $100 unless the comptroller determines that publication of that information is in the public interest.

  11. Tex. Property Code Sec. 74.203. AUTHORIZED NOTICE.

  12. Tex. Property Code Sec. 74.205. CHARGE FOR NOTICE. The comptroller may charge the following against the property delivered under this chapter:

  13. Tex. Property Code Sec. 74.206. ADVERTISING AND PROMOTION. The comptroller may advertise or otherwise promote the unclaimed property program in any available media to further the purposes of this title and to provide effective and efficient notice to reported owners.

  14. Tex. Property Code Sec. 74.301. DELIVERY OF PROPERTY TO COMPTROLLER.

  15. Tex. Property Code Sec. 74.3011. DELIVERY OF MONEY TO RURAL SCHOLARSHIP FUND.

  16. Tex. Property Code Sec. 74.3012. DELIVERY OF MONEY TO URBAN SCHOLARSHIP FUND.

  17. Tex. Property Code Sec. 74.3013. DELIVERY OF MONEY FOR RURAL SCHOLARSHIP, ECONOMIC DEVELOPMENT, AND ENERGY EFFICIENCY ASSISTANCE.

  18. Tex. Property Code Sec. 74.302. STATEMENT OF DELIVERED PROPERTY.

  19. Tex. Property Code Sec. 74.304. RESPONSIBILITY AFTER DELIVERY.

  20. Tex. Property Code Sec. 74.306. UNCLAIMED PROPERTY HELD BY FEDERAL GOVERNMENT.

  21. Tex. Property Code Sec. 74.3061. ESCHEAT OF FUNDS IN THE POSSESSION OF THE UNITED STATES.

  22. Tex. Property Code Sec. 74.307. LIST OF OWNERS; OTHER PUBLIC INFORMATION.

  23. Tex. Property Code Sec. 74.308. PERIOD OF LIMITATION NOT A BAR. The expiration, on or after September 1, 1987, of any period specified by contract, statute, or court order, during which an action or proceeding may be initiated or enforced to obtain payment of a claim for money or recovery of property, does not prevent the money or property from being presumed abandoned property and does not affect any duty to file a report required by this chapter or to pay or deliver abandoned property to the comptroller.

  24. Tex. Property Code Sec. 74.309. PRIVATE ESCHEAT AGREEMENTS PROHIBITED. An individual, corporation, business association, or other organization may not act through amendment of articles of incorporation, amendment of bylaws, private agreement, or any other means to take or divert funds or personal property into income, divide funds or personal property among locatable patrons or stockholders, or divert funds or personal property by any other method for the purpose of circumventing the unclaimed property process.

  25. Tex. Property Code Sec. 74.401. SALE OF PROPERTY.

  26. Tex. Property Code Sec. 74.402. NOTICE OF SALE. Before the 21st day preceding the day on which a public sale is held under Section 74.401, the comptroller shall publish notice of the sale in a newspaper of general circulation in Travis County or in the county where the sale is to be held. If the public sale is to be held on the Internet or by an online auction, the comptroller may post the notice on the comptroller's own website before the seventh day preceding the date on which the sale or auction is held.

  27. Tex. Property Code Sec. 74.403. PURCHASER'S TITLE.

  28. Tex. Property Code Sec. 74.404. SALE OF MILITARY AWARDS AND DECORATIONS PROHIBITED.

  29. Tex. Property Code Sec. 74.405. DISPOSITION OF SECURITIES.

  30. Tex. Property Code Sec. 74.501. CLAIM FILED WITH COMPTROLLER.

  31. Tex. Property Code Sec. 74.502. CLAIM FILED WITH HOLDER.

  32. Tex. Property Code Sec. 74.503. WAIVER OF CLAIM REQUIREMENT. The comptroller may waive the requirement of filing a claim and pay or deliver property directly to a person who does not file a claim if:

  33. Tex. Property Code Sec. 74.504. HEARING.

  34. Tex. Property Code Sec. 74.506. APPEAL.

  35. Tex. Property Code Sec. 74.507. ASSISTANCE OF CLAIMANT; FEE FOR RECOVERY.

  36. Tex. Property Code Sec. 74.508. CLAIM OF ANOTHER STATE TO RECOVER PROPERTY; PROCEDURE.

  37. Tex. Property Code Sec. 74.509. HANDLING FEE FOR PROCESSING UNCLAIMED PROPERTY. A handling fee may be deducted from the amount of the claim payment if the payment is at least $100.

  38. Tex. Property Code Sec. 74.601. UNCLAIMED MONEY.

  39. Tex. Property Code Sec. 74.602. USE OF MONEY. Except as provided by Section 381.004, Local Government Code, and Section 74.604 the comptroller shall use the unclaimed money received under this chapter or any other statute requiring the delivery of unclaimed property to the comptroller to pay the claims of persons or states establishing ownership of property in the possession of the comptroller under this chapter or under any other unclaimed property or escheat statute.

  40. Tex. Property Code Sec. 74.603. AUDIT; APPROPRIATION. The unclaimed money received under this chapter or any other statute requiring the delivery of unclaimed property to the comptroller is subject to audit by the State Auditor and to appropriation by the legislature for enforcing and administering this title.

  41. Tex. Property Code Sec. 74.604. DISPOSITION OF MONEY DELIVERED TO COMPTROLLER FROM CERTAIN ATTORNEY ACCOUNTS.

  42. Tex. Property Code Sec. 74.701. RULES. The comptroller may adopt rules necessary to carry out this title.

  43. Tex. Property Code Sec. 74.702. EXAMINATION OF RECORDS.

  44. Tex. Property Code Sec. 74.7021. LIMITATION PERIOD FOR EXAMINATION.

  45. Tex. Property Code Sec. 74.703. ADDITIONAL PERSONNEL.

  46. Tex. Property Code Sec. 74.704. ASSISTANCE IN ENFORCEMENT.

  47. Tex. Property Code Sec. 74.705. INTEREST. A holder who fails to pay or deliver property within the time prescribed by this chapter shall pay to the comptroller interest, at an annual rate of 10 percent, on the property from the date the property should have been paid or delivered until the date the property is actually paid or delivered.

  48. Tex. Property Code Sec. 74.706. PENALTY.

  49. Tex. Property Code Sec. 74.707. WAIVER OR ABATEMENT OF PENALTY OR INTEREST.

  50. Tex. Property Code Sec. 74.708. PROPERTY HELD IN TRUST. A holder who on March 1 holds property presumed abandoned under Chapters 72-75 holds the property in trust for the benefit of the state on behalf of the missing owner and is liable to the state for the full value of the property, plus any accrued interest and penalty. A holder is not required by this section to segregate or establish trust accounts for the property provided the property is timely delivered to the comptroller in accordance with Section 74.301.

  51. Tex. Property Code Sec. 74.709. SUIT TO COMPEL DELIVERY OF PROPERTY AND CIVIL PENALTIES.

  52. Tex. Property Code Sec. 74.710. CRIMINAL OFFENSE.

  53. Tex. Property Code Sec. 74.711. AUTHORITY TO TAKE TESTIMONY AND ISSUE ADMINISTRATIVE SUBPOENAS.

  54. Tex. Property Code Sec. 74.712. ENFORCEMENT OF SUBPOENAS.

Chapter 75

  1. Tex. Property Code Sec. 75.001. DEFINITIONS; APPLICATION OF CHAPTER.

  2. Tex. Property Code Sec. 75.002. TRANSFER AND PURCHASE OF MINERAL INTEREST ON MINERAL PROCEEDS. A person purchasing mineral proceeds of an owner whose name has been reported or is reportable to the comptroller shall provide documentation required by the comptroller to substantiate that the transfer is executed by the reported owner or the reported owner's legal agent.

  3. Tex. Property Code Sec. 75.101. PRESUMPTION OF ABANDONMENT.

  4. Tex. Property Code Sec. 75.102. PRESERVATION OF PROPERTY. A holder of abandoned property shall preserve that property and may not by any procedure, including a deduction for service, maintenance, or other charge, transfer, convert, or reduce the property to the profits or assets of the holder.

Chapter 76

  1. Tex. Property Code Sec. 76.001. APPLICABILITY.

  2. Tex. Property Code Sec. 76.002. OFFICERS AND REPRESENTATIVES. In this chapter:

  3. Tex. Property Code Sec. 76.101. PROPERTY REPORT.

  4. Tex. Property Code Sec. 76.102. VERIFICATION.

  5. Tex. Property Code Sec. 76.103. RETENTION OF RECORDS.

  6. Tex. Property Code Sec. 76.104. CONFIDENTIALITY OF PROPERTY REPORT.

  7. Tex. Property Code Sec. 76.201. PUBLISHED NOTICE.

  8. Tex. Property Code Sec. 76.202. NOTICE TO OWNER.

  9. Tex. Property Code Sec. 76.203. NOTICE THAT ACCOUNTS ARE SUBJECT TO THIS CHAPTER. Publication of notice in accordance with Section 76.201 is notice to the owner by the holder that the reported property is subject to this chapter.

  10. Tex. Property Code Sec. 76.204. CHARGE FOR NOTICE. The treasurer of the holder may charge the following against the property delivered under this chapter:

  11. Tex. Property Code Sec. 76.301. DELIVERY OF PROPERTY TO TREASURER.

  12. Tex. Property Code Sec. 76.302. VERIFICATION OF DELIVERED PROPERTY.

  13. Tex. Property Code Sec. 76.303. LIST OF OWNERS.

  14. Tex. Property Code Sec. 76.304. PERIOD OF LIMITATION NOT A BAR. The expiration of any period specified by statute or court order, during which an action or proceeding may be initiated or entered to obtain payment of a claim for money, does not prevent the money from being presumed abandoned property and does not affect any duty to file a report required by this chapter or to deliver abandoned property to the treasurer of the holder.

  15. Tex. Property Code Sec. 76.401. SALE OF PROPERTY.

  16. Tex. Property Code Sec. 76.402. NOTICE OF SALE. Before the 21st day before the day on which a public sale is held under Section 76.401, the treasurer of the holder shall publish notice of the sale in a newspaper of general circulation in the county where the sale is to be held.

  17. Tex. Property Code Sec. 76.403. PURCHASER'S TITLE.

  18. Tex. Property Code Sec. 76.501. FILING OF CLAIM.

  19. Tex. Property Code Sec. 76.502. CONSIDERATION OF CLAIM. The treasurer of the holder shall consider the validity of each claim filed under this subchapter.

  20. Tex. Property Code Sec. 76.503. HEARING.

  21. Tex. Property Code Sec. 76.504. PAYMENT OF CLAIM.

  22. Tex. Property Code Sec. 76.505. APPEAL.

  23. Tex. Property Code Sec. 76.506. FEE FOR RECOVERY. A person who informs a potential claimant that the claimant may be entitled to claim property that is reportable to the treasurer of the holder under this chapter, that has been reported to the treasurer of the holder, or that is in the possession of the treasurer of the holder may not contract for or receive from the claimant for services an amount that exceeds 10 percent of the value of the property recovered. If the property involved is mineral proceeds, the amount for services may not include a portion of the underlying minerals or any production payment, overriding royalty, or similar payment.

  24. Tex. Property Code Sec. 76.507. CLAIM OF ANOTHER STATE TO RECOVER PROPERTY; PROCEDURE.

  25. Tex. Property Code Sec. 76.601. FUND.

  26. Tex. Property Code Sec. 76.602. USE OF FUND.

  27. Tex. Property Code Sec. 76.603. AUDIT; BUDGET. The unclaimed money fund is subject to:

  28. Tex. Property Code Sec. 76.701. RULES. The treasurer of the holder may adopt rules necessary to carry out this chapter.

  29. Tex. Property Code Sec. 76.702. EXAMINATION OF RECORDS.

  30. Tex. Property Code Sec. 76.703. ADDITIONAL PERSONNEL.

  31. Tex. Property Code Sec. 76.704. OFFENSE.

Chapter 77

  1. Tex. Property Code Sec. 77.001. APPLICABILITY. This chapter applies to unclaimed restitution payments that are presumed abandoned under Section 76.013 or 508.322, Government Code.

  2. Tex. Property Code Sec. 77.051. PROPERTY REPORT.

  3. Tex. Property Code Sec. 77.052. NOTICE BY HOLDER REQUIRED. A holder who on March 1 holds an unclaimed restitution payment that is presumed abandoned under Section 76.013 or 508.322, Government Code, shall, on or before the following May 1, mail to the last known address of the victim entitled to the unclaimed restitution payment written notice stating that:

  4. Tex. Property Code Sec. 77.053. SIGNED STATEMENT.

  5. Tex. Property Code Sec. 77.054. CONFIDENTIALITY OF PROPERTY REPORT.

  6. Tex. Property Code Sec. 77.055. EXCEPTION TO LIABILITY.

  7. Tex. Property Code Sec. 77.101. NOTICE. The comptroller may use one or more methods as necessary to provide the most efficient and effective notice to victims that the comptroller is holding unclaimed restitution payments that are subject to this chapter.

  8. Tex. Property Code Sec. 77.102. PUBLICATION. Notwithstanding Section 77.054, the comptroller may publish on the Internet information regarding unclaimed restitution payments received by the comptroller, except that the comptroller may not publish information that identifies a person as a victim or information that identifies a victim's address. For the purposes of this subsection, the victim's address includes information that identifies a victim's place of residence or post office box but does not include the city or county in which the victim resides.

  9. Tex. Property Code Sec. 77.151. DELIVERY OF PROPERTY TO COMPTROLLER. Each holder who on March 1 holds an unclaimed restitution payment that is presumed abandoned under Section 76.013 or 508.322, Government Code, shall deliver the property to the comptroller on or before the following July 1 accompanied by the report required to be filed under Section 77.051.

  10. Tex. Property Code Sec. 77.152. RESPONSIBILITY AFTER DELIVERY.

  11. Tex. Property Code Sec. 77.201. CLAIM FILED WITH COMPTROLLER.

  12. Tex. Property Code Sec. 77.202. CLAIMS NOT ASSIGNABLE. Notwithstanding Section 9.406(f), Business & Commerce Code, an interest in a claim under this chapter may not be assigned.

  13. Tex. Property Code Sec. 77.203. CLAIM FILED WITH HOLDER.

  14. Tex. Property Code Sec. 77.204. APPEAL.

  15. Tex. Property Code Sec. 77.205. LIMITATION OF LIABILITY. The liability of the state is limited to the extent of the property delivered under this chapter and remaining in the possession of the comptroller at the time a suit is filed.

  16. Tex. Property Code Sec. 77.206. FEE FOR RECOVERY.

  17. Tex. Property Code Sec. 77.251. UNCLAIMED RESTITUTION PAYMENTS.

  18. Tex. Property Code Sec. 77.252. USE OF MONEY.

  19. Tex. Property Code Sec. 77.253. EXCESS CLAIMS. The comptroller may pay a claim under this chapter that is more than the money available in the compensation to victims of crime auxiliary fund using funds appropriated by the legislature for paying claims under this title.

  20. Tex. Property Code Sec. 77.301. RULES. The comptroller may adopt rules necessary to carry out this chapter.

  21. Tex. Property Code Sec. 77.302. EXAMINATION OF RECORDS.

  22. Tex. Property Code Sec. 77.303. AUTHORITY TO TAKE TESTIMONY AND ISSUE ADMINISTRATIVE SUBPOENAS.

  23. Tex. Property Code Sec. 77.304. ENFORCEMENT OF SUBPOENAS.

  24. Tex. Property Code Sec. 77.305. VENUE FOR PRE-COMPLIANCE REVIEW. A person receiving a subpoena under this chapter may, before the return date specified in the subpoena, petition a district court in Travis County for an order to modify or quash the subpoena.

  25. Tex. Property Code Sec. 77.306. ASSISTANCE IN ENFORCEMENT. If the comptroller or attorney general requests, any state agency, county clerk, district clerk, county attorney, or district attorney shall assist the comptroller or attorney general in enforcing this chapter.

  26. Tex. Property Code Sec. 77.307. PENALTY. A penalty equal to five percent of the value of the unclaimed restitution payment due shall be imposed on a holder who fails to pay or deliver the payment within the time prescribed by this chapter. If a holder fails to pay or deliver an unclaimed restitution payment before the 121st day after the date the payment is due, an additional penalty equal to five percent of the value of the payment due shall be imposed.

  27. Tex. Property Code Sec. 77.308. WAIVER OR ABATEMENT OF PENALTY. The comptroller may waive any penalty or interest imposed under this chapter.

Chapter 80

  1. Tex. Property Code Sec. 80.001. PURPOSES. The purposes of this chapter are to establish the ownership of loaned cultural property that has been abandoned by the lender, to establish uniform procedures for the termination of loans of property to museums, to allow museums to conserve loaned property under certain conditions, and to limit actions to recover loaned property.

  2. Tex. Property Code Sec. 80.002. DEFINITIONS. In this chapter:

  3. Tex. Property Code Sec. 80.003. NOTICE TO LENDER.

  4. Tex. Property Code Sec. 80.004. ABANDONED PROPERTY; NOTICE; TITLE TO PROPERTY.

  5. Tex. Property Code Sec. 80.005. INTENT TO TERMINATE LOAN; FORM; TRANSFORMATION OF SPECIFIED TERM TO INDEFINITE TERM.

  6. Tex. Property Code Sec. 80.006. CONSERVATION OR DISPOSAL OF LOANED PROPERTY; CONDITIONS; LIEN; LIABILITY OF MUSEUM.

  7. Tex. Property Code Sec. 80.007. ACTION TO RECOVER PROPERTY; LIMITATIONS.

  8. Tex. Property Code Sec. 80.008. NOTICE OF PROVISIONS OF CHAPTER; LENDER'S NOTICES.

Chapter 81

  1. Tex. Property Code Sec. 81.001. SHORT TITLE. This chapter may be cited as the Condominium Act.

  2. Tex. Property Code Sec. 81.0011. APPLICABILITY.

  3. Tex. Property Code Sec. 81.002. DEFINITIONS. In this chapter:

  4. Tex. Property Code Sec. 81.003. APPLICABILITY OF LOCAL ORDINANCES AND REGULATIONS.

  5. Tex. Property Code Sec. 81.101. CREATION OF CONDOMINIUM. An owner or developer of an existing or a planned building establishes a condominium regime by recording a master deed, master lease, or declaration under Section 81.102.

  6. Tex. Property Code Sec. 81.102. CONTENTS OF DECLARATION, MASTER DEED, OR MASTER LEASE.

  7. Tex. Property Code Sec. 81.103. PUBLIC RECORDS.

  8. Tex. Property Code Sec. 81.104. APARTMENT OWNERSHIP.

  9. Tex. Property Code Sec. 81.105. APARTMENT BOUNDARIES.

  10. Tex. Property Code Sec. 81.106. APARTMENT DEEDS. A deed to an apartment in a condominium regime must:

  11. Tex. Property Code Sec. 81.107. INTERESTS IN COMMON ELEMENTS. An owner of an apartment in a condominium regime shares ownership of the regime's common elements with the other apartment owners. An apartment owner may use the common elements according to their intended purposes, as expressed in the plat, declaration, or bylaws of the condominium regime, without interfering with the rights of the other apartment owners.

  12. Tex. Property Code Sec. 81.108. PARTITION OF COMMON ELEMENTS.

  13. Tex. Property Code Sec. 81.109. CONVEYANCE OF COMMON ELEMENTS. An apartment in a condominium regime and the undivided interest of an apartment owner in the common elements of the regime that are attributable to the apartment may not be conveyed separately. If a conveyance of an apartment does not refer to the common elements, the undivided interest of the apartment owner in the general and the limited common elements of the regime attributable to the apartment is conveyed with the apartment.

  14. Tex. Property Code Sec. 81.110. TERMINATION OF CONDOMINIUM REGIME.

  15. Tex. Property Code Sec. 81.111. AMENDMENT OF CONDOMINIUM DECLARATION. After a condominium declaration is recorded with a county clerk, the declaration may not be amended except at a meeting of the apartment owners at which the amendment is approved by the holders of at least 67 percent of the ownership interests in the condominium.

  16. Tex. Property Code Sec. 81.112. RESTRICTION RELATING TO CLUB MEMBERSHIP.

  17. Tex. Property Code Sec. 81.201. AUTHORITY OF COUNCIL OF OWNERS.

  18. Tex. Property Code Sec. 81.202. BYLAWS. The bylaws of a condominium regime govern the administration of the buildings that comprise the regime.

  19. Tex. Property Code Sec. 81.203. VOTING MAJORITY. For the purposes of this chapter, the apartment owners who own at least 51 percent of the interests in a condominium regime, as determined under the declaration, are a majority of the apartment owners.

  20. Tex. Property Code Sec. 81.204. MAINTENANCE OF CONDOMINIUM.

  21. Tex. Property Code Sec. 81.205. INSURANCE.

  22. Tex. Property Code Sec. 81.206. DISPOSITION OF INSURANCE PROCEEDS.

  23. Tex. Property Code Sec. 81.207. INSUFFICIENT INSURANCE.

  24. Tex. Property Code Sec. 81.208. ASSESSMENTS DUE ON CONVEYANCE. If an apartment owner conveys the apartment and assessments against the apartment are unpaid, the apartment owner shall pay the past due assessments out of the sale price of the apartment, or the purchaser shall pay the assessments, in preference to any other charges against the property except:

  25. Tex. Property Code Sec. 81.209. CONDOMINIUM RECORDS.

  26. Tex. Property Code Sec. 81.210. LOANS AS ELIGIBLE INVESTMENTS.

Chapter 82

  1. Tex. Property Code Sec. 82.001. SHORT TITLE. This chapter may be cited as the Uniform Condominium Act.

  2. Tex. Property Code Sec. 82.002. APPLICABILITY.

  3. Tex. Property Code Sec. 82.003. DEFINITIONS.

  4. Tex. Property Code Sec. 82.004. VARIATION BY AGREEMENT. Except as expressly provided by this chapter, provisions of this chapter may not be varied by agreement, and rights conferred by this chapter may not be waived. A person may not act under a power of attorney or use any other device to evade the limitations or prohibitions of this chapter or the declaration.

  5. Tex. Property Code Sec. 82.005. SEPARATE TITLES AND TAXATION.

  6. Tex. Property Code Sec. 82.006. APPLICABILITY OF LOCAL ORDINANCES, REGULATIONS, AND BUILDING CODES. A zoning, subdivision, building code, or other real property use law, ordinance, or regulation may not prohibit the condominium form of ownership or impose any requirement on a condominium that it would not impose on a physically identical development under a different form of ownership. Otherwise, this chapter does not invalidate or modify any provision of any zoning, subdivision, building code, or other real property use law, ordinance, or regulation.

  7. Tex. Property Code Sec. 82.007. CONDEMNATION.

  8. Tex. Property Code Sec. 82.008. VENUE. Venue for an action to enforce a right or obligation arising under the declaration, bylaws, or rules of the association is in each county in which any part of the condominium is located.

  9. Tex. Property Code Sec. 82.051. CREATION OF CONDOMINIUM.

  10. Tex. Property Code Sec. 82.052. UNIT BOUNDARIES. Except as otherwise provided by the declaration or plat:

  11. Tex. Property Code Sec. 82.053. CONSTRUCTION AND VALIDITY OF DECLARATION AND BYLAWS.

  12. Tex. Property Code Sec. 82.054. DESCRIPTION OF UNITS. A description of a unit is a sufficient legal description of the unit and all rights, obligations, and interests appurtenant to the unit that were created by the declaration or bylaws if the description contains:

  13. Tex. Property Code Sec. 82.055. CONTENTS OF DECLARATION FOR ALL CONDOMINIUMS. The declaration for a condominium must contain:

  14. Tex. Property Code Sec. 82.056. LEASEHOLD CONDOMINIUMS.

  15. Tex. Property Code Sec. 82.057. ALLOCATION OF COMMON ELEMENT INTERESTS, VOTES, AND COMMON EXPENSE LIABILITIES.

  16. Tex. Property Code Sec. 82.058. LIMITED COMMON ELEMENTS.

  17. Tex. Property Code Sec. 82.059. PLATS AND PLANS.

  18. Tex. Property Code Sec. 82.060. EXERCISE OF DEVELOPMENT RIGHT.

  19. Tex. Property Code Sec. 82.061. ALTERATIONS OF UNITS.

  20. Tex. Property Code Sec. 82.062. RELOCATION OF BOUNDARIES BETWEEN ADJOINING UNITS. Subject to the declaration, the boundaries between adjoining units may be relocated by an amendment to the declaration on written application to the association by the owners of those units. If the owners of the adjoining units have specified a reallocation between their units of their allocated interests, the application must state the proposed reallocations. Unless the board determines not later than the 30th day after the date the application is received that the reallocation is unreasonable, the association shall prepare an amendment that identifies the units involved, states the reallocation, is executed by the applying unit owners, and contains words of conveyance between them. At the expense of the applying unit owners, the association shall prepare and record the amendment and plats or plans necessary to show the altered boundaries between adjoining units, and the units' dimensions and identifying numbers.

  21. Tex. Property Code Sec. 82.063. SUBDIVISION OF UNITS.

  22. Tex. Property Code Sec. 82.064. EASEMENT FOR ENCROACHMENTS. To the extent that a unit or common element encroaches on another unit or common element, a valid easement for the encroachment exists. The easement does not relieve a unit owner of liability in case of the owner's wilful misconduct nor relieve a declarant or any other person of liability for failure to adhere to the plats and plans.

  23. Tex. Property Code Sec. 82.065. USE FOR SALES PURPOSES. The declaration may permit a declarant to maintain sales, leasing, or management offices and models in units or on common elements in the condominium if the declaration specifies the rights of a declarant with regard to the number, size, location, and relocation of the offices and models. If the declaration fails to expressly permit an office or model, a declarant may maintain no more than one unit as a model and no more than one unit as an office for sales, leasing, and management purposes at any one time. A sales, leasing, or management office or model not designated as a unit by the declaration is a common element and is subject to the exclusive use of a declarant until the declarant ceases to be a unit owner or until the declarant no longer uses the office or model for such purposes, whichever occurs earlier. A declarant may modify the exterior of a sales, leasing, or management office to conform to the aesthetic exterior plan of the condominium. A declarant who ceases to be a unit owner ceases to have any rights with regard to an office or model unless it is removed within a reasonable time from the condominium in accordance with a right to remove reserved in the declaration. Subject to limitations in the declaration, a declarant may maintain signs on the common elements that advertise the condominium for sale or lease. This section is subject to local ordinances and other state law.

  24. Tex. Property Code Sec. 82.066. EASEMENT RIGHTS. Subject to the declaration, a declarant has an easement through the common elements as may be reasonably necessary for discharging the declarant's obligations or exercising special declarant rights whether arising under this chapter or reserved by the declaration.

  25. Tex. Property Code Sec. 82.067. AMENDMENT OF DECLARATION.

  26. Tex. Property Code Sec. 82.0675. RESTRICTION RELATING TO CLUB MEMBERSHIP.

  27. Tex. Property Code Sec. 82.068. TERMINATION OF CONDOMINIUM.

  28. Tex. Property Code Sec. 82.069. RIGHTS OF SECURED LENDERS. The declaration may require that all or a specified number or percentage of the mortgagees or beneficiaries of deeds of trust encumbering the units approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, but a requirement for approval may not operate to:

  29. Tex. Property Code Sec. 82.070. MEETING AT WHICH AMENDMENTS MAY BE ADOPTED.

  30. Tex. Property Code Sec. 82.101. ORGANIZATION OF UNIT OWNERS' ASSOCIATION. A unit owners' association must be organized as a profit or nonprofit corporation. The declarant may not convey a unit until the secretary of state has issued a certificate of formation under the Texas Corporation Law. The membership of the association at all times consists exclusively of all the unit owners or, following termination of the condominium, all former unit owners entitled to distribution of proceeds, or the owners' heirs, successors, or assigns.

  31. Tex. Property Code Sec. 82.102. POWERS OF UNIT OWNERS' ASSOCIATION.

  32. Tex. Property Code Sec. 82.103. BOARD MEMBERS AND OFFICERS.

  33. Tex. Property Code Sec. 82.104. TRANSFER OF SPECIAL DECLARANT RIGHTS.

  34. Tex. Property Code Sec. 82.105. TERMINATION OF CONTRACTS AND LEASES OF DECLARANT. An association in a residential or recreational condominium may terminate, without penalty, contracts or leases between the association and a declarant or an affiliate of a declarant if:

  35. Tex. Property Code Sec. 82.106. BYLAWS.

  36. Tex. Property Code Sec. 82.107. UPKEEP OF CONDOMINIUM.

  37. Tex. Property Code Sec. 82.108. MEETINGS.

  38. Tex. Property Code Sec. 82.109. QUORUMS.

  39. Tex. Property Code Sec. 82.110. VOTING AND PROXIES.

  40. Tex. Property Code Sec. 82.111. INSURANCE.

  41. Tex. Property Code Sec. 82.112. ASSESSMENTS FOR COMMON EXPENSES.

  42. Tex. Property Code Sec. 82.113. ASSOCIATION'S LIEN FOR ASSESSMENTS.

  43. Tex. Property Code Sec. 82.114. ASSOCIATION RECORDS.

  44. Tex. Property Code Sec. 82.1141. ACCESS TO ASSOCIATION RECORDS.

  45. Tex. Property Code Sec. 82.1142. ONLINE ASSOCIATION INFORMATION REQUIRED.

  46. Tex. Property Code Sec. 82.115. ASSOCIATION AS TRUSTEE. A third person dealing with an association in the association's capacity as a trustee may assume without inquiry the existence of trust powers and their proper exercise by the association. A third person who lacks actual knowledge that an association is exceeding or improperly exercising its powers is fully protected in dealing with the association as if the association possessed and properly exercised the powers it purports to exercise. A third person is not bound to ensure the proper application of trust assets paid or delivered to an association in its capacity as trustee.

  47. Tex. Property Code Sec. 82.116. MANAGEMENT CERTIFICATE.

  48. Tex. Property Code Sec. 82.117. OBLIGATIONS OF UNIT OWNERS. Without limiting the obligations of the unit owners and except as provided by the declaration, bylaws, rules of the association, or this chapter, the unit owner:

  49. Tex. Property Code Sec. 82.118. SERVICE OF PROCESS ON UNIT OWNERS IN CERTAIN MUNICIPALITIES; CHANGE OF ADDRESS REQUIRED.

  50. Tex. Property Code Sec. 82.119. PROCEDURES FOR FILING SUIT OR INITIATING ARBITRATION PROCEEDINGS FOR DEFECT OR DESIGN CLAIMS FOR CERTAIN ASSOCIATIONS.

  51. Tex. Property Code Sec. 82.120. BINDING ARBITRATION FOR CERTAIN CLAIMS.

  52. Tex. Property Code Sec. 82.121. POSSESSION OF FIREARM OR FIREARM AMMUNITION ON CONDOMINIUM PROPERTY.

  53. Tex. Property Code Sec. 82.151. APPLICABILITY.

  54. Tex. Property Code Sec. 82.152. LIABILITY FOR CONDOMINIUM INFORMATION STATEMENT.

  55. Tex. Property Code Sec. 82.153. CONDOMINIUM INFORMATION STATEMENTS IN GENERAL.

  56. Tex. Property Code Sec. 82.154. CONDOMINIUMS WITH CONVERSION BUILDINGS. If a building contains units that may be occupied for residential use, the condominium information statement of a condominium containing any conversion building must additionally contain:

  57. Tex. Property Code Sec. 82.155. CONDOMINIUM SECURITIES. A declarant satisfies all requirements relating to preparation of a condominium information statement if an interest in the condominium is currently registered with the Securities and Exchange Commission of the United States and if the declarant delivers to the purchaser a copy of the public offering statement filed with the commission.

  58. Tex. Property Code Sec. 82.156. PURCHASER'S RIGHT TO CANCEL.

  59. Tex. Property Code Sec. 82.157. RESALE OF UNIT.

  60. Tex. Property Code Sec. 82.158. ESCROW OF DEPOSITS. A deposit made in connection with the purchase or reservation of a unit from a declarant shall be placed in escrow and held in this state in an account designated for that purpose by a real estate broker, an attorney, a title insurance company licensed in this state, an independent bonded escrow company, or an institution whose accounts are insured by a governmental agency or instrumentality until delivered to the declarant at closing, delivered to the declarant because of the purchaser's default under a contract to purchase the unit, or refunded to the purchaser. Escrow deposits may be placed in interest-bearing accounts, and the interest is payable as may be agreed in writing between the declarant and the purchaser.

  61. Tex. Property Code Sec. 82.159. RELEASE OF LIENS. Before conveying real property to an association, a declarant shall have that real property released from all liens the foreclosure of which would deprive unit owners of any right of access to or easement of support of the owners' units, and all other liens on that real property unless the condominium information statement describes certain real property that may be conveyed subject to liens in specified amounts.

  62. Tex. Property Code Sec. 82.160. CONVERSION BUILDINGS.

  63. Tex. Property Code Sec. 82.161. EFFECT OF VIOLATIONS ON RIGHTS OF ACTION AND ATTORNEY'S FEES.

  64. Tex. Property Code Sec. 82.162. LABELING OF PROMOTIONAL MATERIAL. If any improvement contemplated in a condominium is labeled "NEED NOT BE BUILT" on a plat or plan or is to be located within a portion of a condominium with respect to which the declarant has reserved a development right, no promotional material that describes or depicts the improvement may be displayed or delivered to prospective purchasers unless the description or depiction of the improvement is conspicuously labeled or identified as "NEED NOT BE BUILT."

  65. Tex. Property Code Sec. 82.163. DECLARANT'S OBLIGATION TO COMPLETE AND RESTORE. The declarant shall complete all improvements labeled "MUST BE BUILT" on plats or plans. The declarant is subject to liability for the prompt repair and restoration, to a condition compatible with the remainder of the condominium, of any portion of the condominium affected by the exercise of rights reserved pursuant to or created under this chapter.

  66. Tex. Property Code Sec. 82.164. LOANS AS ELIGIBLE INVESTMENTS.

Chapter 91

  1. Tex. Property Code Sec. 91.001. NOTICE FOR TERMINATING CERTAIN TENANCIES.

  2. Tex. Property Code Sec. 91.003. TERMINATION OF LEASE BECAUSE OF PUBLIC INDECENCY CONVICTION.

  3. Tex. Property Code Sec. 91.004. LANDLORD'S BREACH OF LEASE; LIEN.

  4. Tex. Property Code Sec. 91.005. SUBLETTING PROHIBITED. During the term of a lease, the tenant may not rent the leasehold to any other person without the prior consent of the landlord.

  5. Tex. Property Code Sec. 91.006. LANDLORD'S DUTY TO MITIGATE DAMAGES.

Chapter 92

  1. Tex. Property Code Sec. 92.001. DEFINITIONS. Except as otherwise provided by this chapter, in this chapter:

  2. Tex. Property Code Sec. 92.002. APPLICATION. This chapter applies only to the relationship between landlords and tenants of residential rental property.

  3. Tex. Property Code Sec. 92.003. LANDLORD'S AGENT FOR SERVICE OF PROCESS.

  4. Tex. Property Code Sec. 92.004. HARASSMENT. A party who files or prosecutes a suit under Subchapter B, D, E, or F in bad faith or for purposes of harassment is liable to the defendant for one month's rent plus $100 and for attorney's fees.

  5. Tex. Property Code Sec. 92.005. ATTORNEY'S FEES.

  6. Tex. Property Code Sec. 92.006. WAIVER OR EXPANSION OF DUTIES AND REMEDIES.

  7. Tex. Property Code Sec. 92.007. VENUE. Venue for an action under this chapter is governed by Section 15.0115, Civil Practice and Remedies Code.

  8. Tex. Property Code Sec. 92.008. INTERRUPTION OF UTILITIES.

  9. Tex. Property Code Sec. 92.0081. REMOVAL OF PROPERTY AND EXCLUSION OF RESIDENTIAL TENANT.

  10. Tex. Property Code Sec. 92.009. RESIDENTIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT.

  11. Tex. Property Code Sec. 92.0091. RESIDENTIAL TENANT'S RIGHT OF RESTORATION AFTER UNLAWFUL UTILITY DISCONNECTION.

  12. Tex. Property Code Sec. 92.010. OCCUPANCY LIMITS.

  13. Tex. Property Code Sec. 92.011. CASH RENTAL PAYMENTS.

  14. Tex. Property Code Sec. 92.012. NOTICE TO TENANT AT PRIMARY RESIDENCE.

  15. Tex. Property Code Sec. 92.013. NOTICE OF RULE OR POLICY CHANGE AFFECTING TENANT'S PERSONAL PROPERTY.

  16. Tex. Property Code Sec. 92.0131. NOTICE REGARDING VEHICLE TOWING OR PARKING RULES OR POLICIES.

  17. Tex. Property Code Sec. 92.0132. TERM OF PARKING PERMIT. A landlord who issues a parking permit to a tenant:

  18. Tex. Property Code Sec. 92.0135. NOTICE FOR DWELLING LOCATED IN FLOODPLAIN.

  19. Tex. Property Code Sec. 92.014. PERSONAL PROPERTY AND SECURITY DEPOSIT OF DECEASED TENANT.

  20. Tex. Property Code Sec. 92.015. TENANT'S RIGHT TO SUMMON POLICE OR EMERGENCY ASSISTANCE.

  21. Tex. Property Code Sec. 92.016. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING FAMILY VIOLENCE.

  22. Tex. Property Code Sec. 92.0161. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN SEX OFFENSES OR STALKING.

  23. Tex. Property Code Sec. 92.0162. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING TENANT'S DEATH.

  24. Tex. Property Code Sec. 92.017. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN DECISIONS RELATED TO MILITARY SERVICE.

  25. Tex. Property Code Sec. 92.018. LIABILITY OF TENANT FOR GOVERNMENTAL FINES.

  26. Tex. Property Code Sec. 92.019. LATE PAYMENT OF RENT; FEES.

  27. Tex. Property Code Sec. 92.0191. STATEMENT OF LATE FEES. A tenant may request that the landlord provide to the tenant a written statement of whether the tenant owes a late fee to the landlord and, if so, the amount of the late fee. On request of the tenant, the landlord shall provide the statement to the tenant by any established means regularly used for written communication between the landlord and the tenant. A landlord's failure to respond does not affect the tenant's liability for any late fee owed to the landlord.

  28. Tex. Property Code Sec. 92.020. EMERGENCY PHONE NUMBER.

  29. Tex. Property Code Sec. 92.021. LIABILITY OF CERTAIN GUARANTORS UNDER LEASE.

  30. Tex. Property Code Sec. 92.023. TENANT'S REMEDIES REGARDING REVOCATION OF CERTIFICATE OF OCCUPANCY. If a municipality or a county revokes a certificate of occupancy for a leased premises because of the landlord's failure to maintain the premises, the landlord is liable to a tenant who is not in default under the lease for:

  31. Tex. Property Code Sec. 92.024. LANDLORD'S DUTY TO PROVIDE COPY OF LEASE.

  32. Tex. Property Code Sec. 92.025. LIABILITY FOR LEASING TO PERSON WITH CRIMINAL RECORD.

  33. Tex. Property Code Sec. 92.026. POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES. Unless possession of a firearm or firearm ammunition on a landlord's property is prohibited by state or federal law, a landlord may not prohibit a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition:

  34. Tex. Property Code Sec. 92.051. APPLICATION. This subchapter applies to a lease executed, entered into, renewed, or extended on or after September 1, 1979.

  35. Tex. Property Code Sec. 92.052. LANDLORD'S DUTY TO REPAIR OR REMEDY.

  36. Tex. Property Code Sec. 92.053. BURDEN OF PROOF.

  37. Tex. Property Code Sec. 92.054. CASUALTY LOSS.

  38. Tex. Property Code Sec. 92.055. CLOSING THE RENTAL PREMISES.

  39. Tex. Property Code Sec. 92.056. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR.

  40. Tex. Property Code Sec. 92.0561. TENANT'S REPAIR AND DEDUCT REMEDIES.

  41. Tex. Property Code Sec. 92.0562. LANDLORD AFFIDAVIT FOR DELAY.

  42. Tex. Property Code Sec. 92.0563. TENANT'S JUDICIAL REMEDIES.

  43. Tex. Property Code Sec. 92.058. LANDLORD REMEDY FOR TENANT VIOLATION.

  44. Tex. Property Code Sec. 92.060. AGENTS FOR DELIVERY OF NOTICE. A managing agent, leasing agent, or resident manager is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter.

  45. Tex. Property Code Sec. 92.061. EFFECT ON OTHER RIGHTS. The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of existing common law and other statutory law warranties and duties of landlords for maintenance, repair, security, habitability, and nonretaliation, and remedies of tenants for a violation of those warranties and duties. Otherwise, this subchapter does not affect any other right of a landlord or tenant under contract, statutory law, or common law that is consistent with the purposes of this subchapter or any right a landlord or tenant may have to bring an action for personal injury or property damage under the law of this state. This subchapter does not impose obligations on a landlord or tenant other than those expressly stated in this subchapter.

  46. Tex. Property Code Sec. 92.062. LEASE TERM AFTER NATURAL DISASTER. If a rental premises is, as a practical matter, totally unusable for residential purposes as a result of a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm, a landlord that allows a tenant to move to another rental unit owned by the landlord may not require the tenant to execute a lease for a term longer than the term remaining on the tenant's lease on the date the premises was rendered unusable as a result of the natural disaster.

  47. Tex. Property Code Sec. 92.101. APPLICATION. This subchapter applies to all residential leases.

  48. Tex. Property Code Sec. 92.102. SECURITY DEPOSIT. A security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease of a dwelling that has been entered into by a landlord and a tenant.

  49. Tex. Property Code Sec. 92.103. OBLIGATION TO REFUND.

  50. Tex. Property Code Sec. 92.1031. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR RENT PREPAYMENT.

  51. Tex. Property Code Sec. 92.104. RETENTION OF SECURITY DEPOSIT; ACCOUNTING.

  52. Tex. Property Code Sec. 92.1041. PRESUMPTION OF REFUND OR ACCOUNTING. A landlord is presumed to have refunded a security deposit or made an accounting of security deposit deductions if, on or before the date required under this subchapter, the refund or accounting is placed in the United States mail and postmarked on or before the required date.

  53. Tex. Property Code Sec. 92.105. CESSATION OF OWNER'S INTEREST.

  54. Tex. Property Code Sec. 92.106. RECORDS. The landlord shall keep accurate records of all security deposits.

  55. Tex. Property Code Sec. 92.107. TENANT'S FORWARDING ADDRESS.

  56. Tex. Property Code Sec. 92.108. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT.

  57. Tex. Property Code Sec. 92.109. LIABILITY OF LANDLORD.

  58. Tex. Property Code Sec. 92.110. LEASE WITHOUT SECURITY DEPOSIT; REQUIRED NOTICE.

  59. Tex. Property Code Sec. 92.111. FEE IN LIEU OF SECURITY DEPOSIT.

  60. Tex. Property Code Sec. 92.112. AGENTS FOR DELIVERY OF NOTICE. A managing agent, leasing agent, or resident manager is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter.

  61. Tex. Property Code Sec. 92.113. NOTICE BY E-MAIL.

  62. Tex. Property Code Sec. 92.151. DEFINITIONS. In this subchapter:

  63. Tex. Property Code Sec. 92.152. APPLICATION OF SUBCHAPTER.

  64. Tex. Property Code Sec. 92.153. SECURITY DEVICES REQUIRED WITHOUT NECESSITY OF TENANT REQUEST.

  65. Tex. Property Code Sec. 92.154. HEIGHT, STRIKE PLATE, AND THROW REQUIREMENTS--KEYED DEAD BOLT OR KEYLESS BOLTING DEVICE.

  66. Tex. Property Code Sec. 92.155. HEIGHT REQUIREMENTS--SLIDING DOOR SECURITY DEVICES. A sliding door pin lock or sliding door security bar required by this subchapter must be installed at a height not higher than:

  67. Tex. Property Code Sec. 92.156. REKEYING OR CHANGE OF SECURITY DEVICES.

  68. Tex. Property Code Sec. 92.157. SECURITY DEVICES REQUESTED BY TENANT.

  69. Tex. Property Code Sec. 92.158. LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE. During the lease term and any renewal period, a landlord shall repair or replace a security device on request or notification by the tenant that the security device is inoperable or in need of repair or replacement.

  70. Tex. Property Code Sec. 92.159. WHEN TENANT'S REQUEST OR NOTICE MUST BE IN WRITING. A tenant's request or notice under this subchapter may be given orally unless the tenant has a written lease that requires the request or notice to be in writing and that requirement is underlined or in boldfaced print in the lease.

  71. Tex. Property Code Sec. 92.160. TYPE, BRAND, AND MANNER OF INSTALLATION. Except as otherwise required by this subchapter, a landlord may select the type, brand, and manner of installation, including placement, of a security device installed under this subchapter. This section does not apply to a security device installed, repaired, changed, replaced, or rekeyed by a tenant under Section 92.164(a)(1) or 92.165(1).

  72. Tex. Property Code Sec. 92.161. COMPLIANCE WITH TENANT REQUEST REQUIRED WITHIN REASONABLE TIME.

  73. Tex. Property Code Sec. 92.162. PAYMENT OF CHARGES; LIMITS ON AMOUNT CHARGED.

  74. Tex. Property Code Sec. 92.163. REMOVAL OR ALTERATION OF SECURITY DEVICE BY TENANT. A security device that is installed, changed, or rekeyed under this subchapter becomes a fixture of the dwelling. Except as provided by Section 92.164(a)(1) or 92.165(1) regarding the remedy of repair-and-deduct, a tenant may not remove, change, rekey, replace, or alter a security device or have it removed, changed, rekeyed, replaced, or altered without permission of the landlord.

  75. Tex. Property Code Sec. 92.164. TENANT REMEDIES FOR LANDLORD'S FAILURE TO INSTALL OR REKEY CERTAIN SECURITY DEVICES.

  76. Tex. Property Code Sec. 92.1641. LANDLORD'S DEFENSES RELATING TO INSTALLING OR REKEYING CERTAIN SECURITY DEVICES. The landlord has a defense to liability under Section 92.164 if:

  77. Tex. Property Code Sec. 92.165. TENANT REMEDIES FOR OTHER LANDLORD VIOLATIONS. If a landlord does not comply with a tenant's request regarding rekeying, changing, adding, repairing, or replacing a security device under Section 92.156(b), 92.157, or 92.158 in accordance with the time limits and other requirements of this subchapter, the tenant may:

  78. Tex. Property Code Sec. 92.166. NOTICE OF TENANT'S DEDUCTION OF REPAIR COSTS FROM RENT.

  79. Tex. Property Code Sec. 92.167. LANDLORD'S DEFENSES RELATING TO COMPLIANCE WITH TENANT'S REQUEST.

  80. Tex. Property Code Sec. 92.168. TENANT'S REMEDY ON NOTICE FROM MANAGEMENT COMPANY. The tenant may unilaterally terminate the lease or exercise other remedies under Sections 92.164 and 92.165 after receiving written notice from a management company that the owner of the dwelling has not provided or will not provide funds to repair, install, change, replace, or rekey a security device as required by this subchapter.

  81. Tex. Property Code Sec. 92.169. AGENT FOR DELIVERY OF NOTICE. A managing agent or an agent to whom rent is regularly paid, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter.

  82. Tex. Property Code Sec. 92.170. EFFECT ON OTHER LANDLORD DUTIES AND TENANT REMEDIES. The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of common law, other statutory law, and local ordinances relating to a residential landlord's duty to install, change, rekey, repair, or replace security devices and a tenant's remedies for the landlord's failure to install, change, rekey, repair, or replace security devices, except that a municipal ordinance adopted before January 1, 1993, may require installation of security devices at the landlord's expense by an earlier date than a date required by this subchapter. This subchapter does not affect a duty of a landlord or a remedy of a tenant under Subchapter B regarding habitability.

  83. Tex. Property Code Sec. 92.201. DISCLOSURE OF OWNERSHIP AND MANAGEMENT.

  84. Tex. Property Code Sec. 92.202. LANDLORD'S FAILURE TO DISCLOSE INFORMATION.

  85. Tex. Property Code Sec. 92.203. LANDLORD'S FAILURE TO CORRECT INFORMATION. A landlord who has provided information under Subdivision

  86. Tex. Property Code Sec. 92.204. BAD FAITH VIOLATION. A landlord acts in bad faith and is liable according to this subchapter if the landlord gives an incorrect name or address under Subsection

  87. Tex. Property Code Sec. 92.205. REMEDIES.

  88. Tex. Property Code Sec. 92.206. LANDLORD'S DEFENSE. A landlord has a defense to liability under Section 92.202 or 92.203 if the tenant owes rent on the date the tenant gives a notice required by either of those sections. Rent delinquency is not a defense for a violation of Section 92.204.

  89. Tex. Property Code Sec. 92.207. AGENTS FOR DELIVERY OF NOTICE.

  90. Tex. Property Code Sec. 92.208. ADDITIONAL ENFORCEMENT BY LOCAL ORDINANCE. The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of the common law, other statutory law, and local ordinances relating to the disclosure of ownership and management of a dwelling by a landlord to a tenant. However, this subchapter does not prohibit the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions.

  91. Tex. Property Code Sec. 92.251. DEFINITIONS. In this subchapter:

  92. Tex. Property Code Sec. 92.252. APPLICATION OF OTHER LAW; MUNICIPAL REGULATION.

  93. Tex. Property Code Sec. 92.253. EXEMPTIONS.

  94. Tex. Property Code Sec. 92.254. SMOKE ALARM.

  95. Tex. Property Code Sec. 92.255. INSTALLATION AND LOCATION.

  96. Tex. Property Code Sec. 92.257. INSTALLATION PROCEDURE.

  97. Tex. Property Code Sec. 92.2571. ALTERNATIVE COMPLIANCE. A landlord complies with the requirements of this subchapter relating to the provision of smoke alarms in the dwelling unit if the landlord:

  98. Tex. Property Code Sec. 92.258. INSPECTION AND REPAIR.

  99. Tex. Property Code Sec. 92.259. LANDLORD'S FAILURE TO INSTALL, INSPECT, OR REPAIR.

  100. Tex. Property Code Sec. 92.260. TENANT REMEDIES. A tenant of a landlord who is liable under Section 92.259 may obtain or exercise one or more of the following remedies:

  101. Tex. Property Code Sec. 92.261. LANDLORD'S DEFENSES. The landlord has a defense to liability under Section 92.259 if:

  102. Tex. Property Code Sec. 92.2611. TENANT'S DISABLING OF A SMOKE ALARM.

  103. Tex. Property Code Sec. 92.262. AGENTS FOR DELIVERY OF NOTICE. A managing or leasing agent, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter.

  104. Tex. Property Code Sec. 92.263. INSPECTION OF RESIDENTIAL FIRE EXTINGUISHER.

  105. Tex. Property Code Sec. 92.264. DUTY TO REPAIR OR REPLACE.

  106. Tex. Property Code Sec. 92.301. LANDLORD LIABILITY TO TENANT FOR UTILITY CUTOFF.

  107. Tex. Property Code Sec. 92.302. NOTICE OF UTILITY DISCONNECTION OF NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTY TO MUNICIPALITIES, OWNERS, AND TENANTS.

  108. Tex. Property Code Sec. 92.331. RETALIATION BY LANDLORD.

  109. Tex. Property Code Sec. 92.332. NONRETALIATION.

  110. Tex. Property Code Sec. 92.333. TENANT REMEDIES. In addition to other remedies provided by law, if a landlord retaliates against a tenant under this subchapter, the tenant may recover from the landlord a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees in an action for recovery of property damages, moving costs, actual expenses, civil penalties, or declaratory or injunctive relief, less any delinquent rents or other sums for which the tenant is liable to the landlord. If the tenant's rent payment to the landlord is subsidized in whole or in part by a governmental entity, the civil penalty granted under this section shall reflect the fair market rent of the dwelling plus $500.

  111. Tex. Property Code Sec. 92.334. INVALID COMPLAINTS.

  112. Tex. Property Code Sec. 92.335. EVICTION SUITS. In an eviction suit, retaliation by the landlord under Section 92.331 is a defense and a rent deduction lawfully made by the tenant under this chapter is a defense for nonpayment of the rent to the extent allowed by this chapter. Other judicial actions under this chapter may not be joined with an eviction suit or asserted as a defense or crossclaim in an eviction suit.

  113. Tex. Property Code Sec. 92.351. DEFINITIONS. For purposes of this subchapter:

  114. Tex. Property Code Sec. 92.3515. NOTICE OF ELIGIBILITY REQUIREMENTS.

  115. Tex. Property Code Sec. 92.352. REJECTION OF APPLICANT.

  116. Tex. Property Code Sec. 92.353. PROCEDURES FOR NOTICE OR REFUND.

  117. Tex. Property Code Sec. 92.354. LIABILITY OF LANDLORD. A landlord who in bad faith fails to refund an application fee or deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the amount wrongfully retained, and the applicant's reasonable attorney's fees.

  118. Tex. Property Code Sec. 92.355. WAIVER. A provision of a rental application that purports to waive a right or exempt a party from a liability or duty under this subchapter is void.

Chapter 93

  1. Tex. Property Code Sec. 93.001. APPLICABILITY OF CHAPTER.

  2. Tex. Property Code Sec. 93.002. INTERRUPTION OF UTILITIES, REMOVAL OF PROPERTY, AND EXCLUSION OF COMMERCIAL TENANT.

  3. Tex. Property Code Sec. 93.003. COMMERCIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT.

  4. Tex. Property Code Sec. 93.004. SECURITY DEPOSIT. A security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease of commercial rental property.

  5. Tex. Property Code Sec. 93.005. OBLIGATION TO REFUND SECURITY DEPOSIT.

  6. Tex. Property Code Sec. 93.006. RETENTION OF SECURITY DEPOSIT; ACCOUNTING.

  7. Tex. Property Code Sec. 93.007. CESSATION OF OWNER'S INTEREST.

  8. Tex. Property Code Sec. 93.008. RECORDS. The landlord shall keep accurate records of all security deposits.

  9. Tex. Property Code Sec. 93.009. TENANT'S FORWARDING ADDRESS.

  10. Tex. Property Code Sec. 93.010. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT.

  11. Tex. Property Code Sec. 93.011. LIABILITY OF LANDLORD.

  12. Tex. Property Code Sec. 93.012. ASSESSMENT OF CHARGES.

  13. Tex. Property Code Sec. 93.013. CERTAIN UNLAWFUL USES OF PREMISES; TERMINATION OF TENANT'S RIGHT OF POSSESSION.

Chapter 94

  1. Tex. Property Code Sec. 94.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 94.002. APPLICABILITY.

  3. Tex. Property Code Sec. 94.003. WAIVER OF RIGHTS AND DUTIES. A provision in a lease agreement or a manufactured home community rule that purports to waive a right or to exempt a landlord or a tenant from a duty or from liability under this chapter is void.

  4. Tex. Property Code Sec. 94.004. LANDLORD'S RIGHT OF ENTRY.

  5. Tex. Property Code Sec. 94.005. COMMON AREA FACILITIES. Each common area facility, if any, must be open or available to tenants. The landlord shall post the hours of operation or availability of the facility in a conspicuous place at the facility.

  6. Tex. Property Code Sec. 94.006. TENANT MEETINGS.

  7. Tex. Property Code Sec. 94.007. CASH RENTAL PAYMENTS.

  8. Tex. Property Code Sec. 94.008. MANUFACTURED HOME COMMUNITY RULES.

  9. Tex. Property Code Sec. 94.009. NOTICE TO TENANT AT PRIMARY RESIDENCE.

  10. Tex. Property Code Sec. 94.010. DISCLOSURE OF OWNERSHIP AND MANAGEMENT.

  11. Tex. Property Code Sec. 94.011. LANDLORD'S AGENT FOR SERVICE OF PROCESS.

  12. Tex. Property Code Sec. 94.012. VENUE. Venue for an action under this chapter is governed by Section 15.0115, Civil Practice and Remedies Code.

  13. Tex. Property Code Sec. 94.051. INFORMATION TO BE PROVIDED TO PROSPECTIVE TENANT. At the time the landlord receives an application from a prospective tenant, the landlord shall give the tenant a copy of:

  14. Tex. Property Code Sec. 94.052. TERM OF LEASE.

  15. Tex. Property Code Sec. 94.053. LEASE REQUIREMENTS AND DISCLOSURES.

  16. Tex. Property Code Sec. 94.054. DISCLOSURE BY TENANT REQUIRED. A tenant shall disclose to the landlord before the lease agreement is signed the name and address of any person who holds a lien on the tenant's manufactured home.

  17. Tex. Property Code Sec. 94.055. NOTICE OF LEASE RENEWAL.

  18. Tex. Property Code Sec. 94.056. PENALTY FOR LATE PAYMENT. A landlord may assess a penalty for late payment of rent or another fee or charge if the payment is not remitted on or before the date stipulated in the lease agreement.

  19. Tex. Property Code Sec. 94.057. ASSIGNMENT OF LEASE AND SUBLEASE.

  20. Tex. Property Code Sec. 94.101. SECURITY DEPOSIT. In this chapter, "security deposit" means any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease of a lot in a manufactured home community that has been entered into by a landlord and a tenant.

  21. Tex. Property Code Sec. 94.102. SECURITY DEPOSIT PERMITTED.

  22. Tex. Property Code Sec. 94.103. OBLIGATION TO REFUND.

  23. Tex. Property Code Sec. 94.104. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR RENT PREPAYMENT.

  24. Tex. Property Code Sec. 94.105. RETENTION OF SECURITY DEPOSIT; ACCOUNTING.

  25. Tex. Property Code Sec. 94.106. CESSATION OF OWNER'S INTEREST.

  26. Tex. Property Code Sec. 94.107. TENANT'S FORWARDING ADDRESS.

  27. Tex. Property Code Sec. 94.108. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT.

  28. Tex. Property Code Sec. 94.109. LIABILITY OF LANDLORD.

  29. Tex. Property Code Sec. 94.110. AGENTS FOR DELIVERY OF NOTICE. A managing agent, leasing agent, or resident manager is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter.

  30. Tex. Property Code Sec. 94.111. NOTICE BY E-MAIL.

  31. Tex. Property Code Sec. 94.151. WARRANTY OF SUITABILITY. By executing a lease agreement, the landlord warrants that the manufactured home lot is suitable for the installation of a manufactured home during the term of the lease agreement.

  32. Tex. Property Code Sec. 94.152. LANDLORD'S MAINTENANCE OBLIGATIONS. The landlord shall:

  33. Tex. Property Code Sec. 94.153. LANDLORD'S REPAIR OBLIGATIONS.

  34. Tex. Property Code Sec. 94.154. BURDEN OF PROOF.

  35. Tex. Property Code Sec. 94.155. CASUALTY LOSS.

  36. Tex. Property Code Sec. 94.156. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR.

  37. Tex. Property Code Sec. 94.157. TENANT'S REPAIR AND DEDUCT REMEDIES.

  38. Tex. Property Code Sec. 94.158. LANDLORD AFFIDAVIT FOR DELAY.

  39. Tex. Property Code Sec. 94.159. TENANT'S JUDICIAL REMEDIES.

  40. Tex. Property Code Sec. 94.160. LANDLORD REMEDY FOR TENANT VIOLATION.

  41. Tex. Property Code Sec. 94.161. AGENTS FOR DELIVERY OF NOTICE. A managing agent, leasing agent, or resident manager is the agent of the landlord for purposes of notice and other communications required or permitted by this subchapter.

  42. Tex. Property Code Sec. 94.162. EFFECT ON OTHER RIGHTS. The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of existing common law and other statutory law warranties and duties of landlords for maintenance, repair, security, suitability, and nonretaliation, and remedies of tenants for a violation of those warranties and duties. Otherwise, this subchapter does not affect any other right of a landlord or tenant under contract, statutory law, or common law that is consistent with the purposes of this subchapter or any right a landlord or tenant may have to bring an action for personal injury or property damage under the law of this state. This subchapter does not impose obligations on a landlord or tenant other than those expressly stated in this subchapter.

  43. Tex. Property Code Sec. 94.201. LANDLORD'S REMEDY FOR EARLY TERMINATION.

  44. Tex. Property Code Sec. 94.202. LANDLORD'S DUTY TO MITIGATE DAMAGES.

  45. Tex. Property Code Sec. 94.203. EVICTION PROCEDURES GENERALLY.

  46. Tex. Property Code Sec. 94.204. NONRENEWAL OF LEASE FOR CHANGE IN LAND USE.

  47. Tex. Property Code Sec. 94.205. TERMINATION AND EVICTION FOR VIOLATION OF LEASE. A landlord may terminate the lease agreement and evict a tenant for a violation of a lease provision, including a manufactured home community rule incorporated in the lease.

  48. Tex. Property Code Sec. 94.206. TERMINATION AND EVICTION FOR NONPAYMENT OF RENT. A landlord may terminate the lease agreement and evict a tenant if:

  49. Tex. Property Code Sec. 94.251. RETALIATION BY LANDLORD.

  50. Tex. Property Code Sec. 94.252. RESTRICTION ON SALE OF MANUFACTURED HOME.

  51. Tex. Property Code Sec. 94.253. NONRETALIATION.

  52. Tex. Property Code Sec. 94.254. TENANT REMEDIES. In addition to other remedies provided by law, if a landlord retaliates against a tenant under this subchapter, the tenant may recover from the landlord a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees in an action for recovery of property damages, moving costs, actual expenses, civil penalties, or declaratory or injunctive relief, less any delinquent rents or other sums for which the tenant is liable to the landlord. If the tenant's rent payment to the landlord is subsidized in whole or in part by a governmental entity, the civil penalty granted under this section shall reflect the fair market rent of the leased premises plus $500.

  53. Tex. Property Code Sec. 94.255. INVALID COMPLAINTS.

  54. Tex. Property Code Sec. 94.256. EVICTION SUITS. In an eviction suit, retaliation by the landlord under Section 94.251 is a defense and a rent deduction lawfully made by the tenant under this chapter is a defense for nonpayment of the rent to the extent allowed by this chapter. Other judicial actions under this chapter, excluding an action that would be permitted under Chapter 24, may not be joined with an eviction suit or asserted as a defense or cross-claim in an eviction suit.

  55. Tex. Property Code Sec. 94.257. POSSESSION OF FIREARM OR FIREARM AMMUNITION ON LEASED PREMISES. Unless possession of a firearm or firearm ammunition on a landlord's property is prohibited by state or federal law, a landlord may not prohibit a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition:

  56. Tex. Property Code Sec. 94.301. TENANT'S REMEDIES. A person may recover from a landlord who violates this chapter:

  57. Tex. Property Code Sec. 94.302. LANDLORD'S REMEDIES. If the court finds that a tenant filed or prosecuted a suit under this chapter in bad faith or for purposes of harassment, the court shall award the landlord:

  58. Tex. Property Code Sec. 94.303. CUMULATIVE REMEDIES.

Chapter 101

  1. Tex. Property Code Sec. 101.001. CONVEYANCE BY PERSON DESIGNATED AS TRUSTEE. If property is conveyed or transferred to a person designated as a trustee but the conveyance or transfer does not identify a trust or disclose the name of any beneficiary, the person designated as trustee may convey, transfer, or encumber the title of the property without subsequent question by a person who claims to be a beneficiary under a trust or who claims by, through, or under any undisclosed beneficiary or by, through, or under the person designated as trustee in that person's individual capacity.

  2. Tex. Property Code Sec. 101.002. LIABILITY OF TRUST PROPERTY. Although trust property is held by the trustee without identifying the trust or its beneficiaries, the trust property is not liable to satisfy the personal obligations of the trustee.

Chapter 111

  1. Tex. Property Code Sec. 111.001. SHORT TITLE. This subtitle may be cited as the Texas Trust Code.

  2. Tex. Property Code Sec. 111.002. CONSTRUCTION OF SUBTITLE. This subtitle and the Texas Trust Act, as amended (Articles 7425b-1 through 7425b-48, Vernon's Texas Civil Statutes), shall be considered one continuous statute, and for the purposes of any statute or of any instrument creating a trust that refers to the Texas Trust Act, this subtitle shall be considered an amendment to the Texas Trust Act.

  3. Tex. Property Code Sec. 111.003. TRUSTS SUBJECT TO THIS SUBTITLE. For the purposes of this subtitle, a "trust" is an express trust only and does not include:

  4. Tex. Property Code Sec. 111.0035. DEFAULT AND MANDATORY RULES; CONFLICT BETWEEN TERMS AND STATUTE.

  5. Tex. Property Code Sec. 111.004. DEFINITIONS. In this subtitle:

  6. Tex. Property Code Sec. 111.005. REENACTMENT OF COMMON LAW. If the law codified in this subtitle repealed a statute that abrogated or restated a common law rule, that common law rule is reestablished, except as the contents of the rule are changed by this subtitle.

  7. Tex. Property Code Sec. 111.006. APPLICATION. This subtitle applies:

Chapter 112

  1. Tex. Property Code Sec. 112.001. METHODS OF CREATING TRUST. A trust may be created by:

  2. Tex. Property Code Sec. 112.002. INTENTION TO CREATE TRUST. A trust is created only if the settlor manifests an intention to create a trust.

  3. Tex. Property Code Sec. 112.003. CONSIDERATION. Consideration is not required for the creation of a trust. A promise to create a trust in the future is enforceable only if the requirements for an enforceable contract are present.

  4. Tex. Property Code Sec. 112.004. STATUTE OF FRAUDS. A trust in either real or personal property is enforceable only if there is written evidence of the trust's terms bearing the signature of the settlor or the settlor's authorized agent. A trust consisting of personal property, however, is enforceable if created by:

  5. Tex. Property Code Sec. 112.005. TRUST PROPERTY. A trust cannot be created unless there is trust property.

  6. Tex. Property Code Sec. 112.006. ADDITIONS TO TRUST PROPERTY. Property may be added to an existing trust from any source in any manner unless the addition is prohibited by the terms of the trust or the property is unacceptable to the trustee.

  7. Tex. Property Code Sec. 112.007. CAPACITY OF SETTLOR. A person has the same capacity to create a trust by declaration, inter vivos or testamentary transfer, or appointment that the person has to transfer, will, or appoint free of trust.

  8. Tex. Property Code Sec. 112.008. CAPACITY OF TRUSTEE.

  9. Tex. Property Code Sec. 112.009. ACCEPTANCE BY TRUSTEE.

  10. Tex. Property Code Sec. 112.010. PRESUMED ACCEPTANCE BY BENEFICIARY; DISCLAIMER.

  11. Tex. Property Code Sec. 112.011. POSTHUMOUS CLASS GIFTS MEMBERSHIP.

  12. Tex. Property Code Sec. 112.031. TRUST PURPOSES. A trust may be created for any purpose that is not illegal. The terms of the trust may not require the trustee to commit a criminal or tortious act or an act that is contrary to public policy.

  13. Tex. Property Code Sec. 112.032. ACTIVE AND PASSIVE TRUSTS; STATUTE OF USES.

  14. Tex. Property Code Sec. 112.033. RESERVATION OF INTERESTS AND POWERS BY SETTLOR. If during the life of the settlor an interest in a trust or the trust property is created in a beneficiary other than the settlor, the disposition is not invalid as an attempted testamentary disposition merely because the settlor reserves or retains, either in himself or another person who is not the trustee, any or all of the other interests in or powers over the trust or trust property, such as:

  15. Tex. Property Code Sec. 112.0335. CONSTRUCTION OF CERTAIN TRUSTS.

  16. Tex. Property Code Sec. 112.034. MERGER.

  17. Tex. Property Code Sec. 112.035. SPENDTHRIFT TRUSTS.

  18. Tex. Property Code Sec. 112.036. RULE AGAINST PERPETUITIES.

  19. Tex. Property Code Sec. 112.037. TRUST FOR CARE OF ANIMAL.

  20. Tex. Property Code Sec. 112.038. FORFEITURE CLAUSE.

  21. Tex. Property Code Sec. 112.051. REVOCATION, MODIFICATION, OR AMENDMENT BY SETTLOR.

  22. Tex. Property Code Sec. 112.052. TERMINATION. A trust terminates if by its terms the trust is to continue only until the expiration of a certain period or until the happening of a certain event and the period of time has elapsed or the event has occurred. If an event of termination occurs, the trustee may continue to exercise the powers of the trustee for the reasonable period of time required to wind up the affairs of the trust and to make distribution of its assets to the appropriate beneficiaries. The continued exercise of the trustee's powers after an event of termination does not affect the vested rights of beneficiaries of the trust.

  23. Tex. Property Code Sec. 112.053. DISPOSITION OF TRUST PROPERTY ON FAILURE OF TRUST. The settlor may provide in the trust instrument how property may or may not be disposed of in the event of failure, termination, or revocation of the trust.

  24. Tex. Property Code Sec. 112.054. JUDICIAL MODIFICATION, REFORMATION, OR TERMINATION OF TRUSTS.

  25. Tex. Property Code Sec. 112.055. AMENDMENT OF CHARITABLE TRUSTS BY OPERATION OF LAW.

  26. Tex. Property Code Sec. 112.056. PERMISSIVE AMENDMENT BY TRUSTEE OF CHARITABLE TRUST.

  27. Tex. Property Code Sec. 112.057. DIVISION AND COMBINATION OF TRUSTS.

  28. Tex. Property Code Sec. 112.058. CONVERSION OF COMMUNITY TRUST TO NONPROFIT CORPORATION.

  29. Tex. Property Code Sec. 112.059. TERMINATION OF UNECONOMIC TRUST.

  30. Tex. Property Code Sec. 112.071. DEFINITIONS. In this subchapter:

  31. Tex. Property Code Sec. 112.0715. CREATION OF SECOND TRUST.

  32. Tex. Property Code Sec. 112.072. DISTRIBUTION TO SECOND TRUST: TRUSTEE WITH FULL DISCRETION.

  33. Tex. Property Code Sec. 112.073. DISTRIBUTION TO SECOND TRUST: TRUSTEE WITH LIMITED DISCRETION.

  34. Tex. Property Code Sec. 112.074. NOTICE REQUIRED.

  35. Tex. Property Code Sec. 112.075. WRITTEN INSTRUMENT REQUIRED. A distribution under Section 112.072 or 112.073 must be made by a written instrument that is signed and acknowledged by the authorized trustee and filed with the records of the first trust and the second trust.

  36. Tex. Property Code Sec. 112.076. REFERENCE TO TRUST TERMS. A reference to the governing instrument or terms of the governing instrument of a trust includes the terms of a second trust to which that trust's principal was distributed under this subchapter.

  37. Tex. Property Code Sec. 112.077. SETTLOR OF SECOND TRUST.

  38. Tex. Property Code Sec. 112.078. COURT-ORDERED DISTRIBUTION.

  39. Tex. Property Code Sec. 112.079. DIVIDED DISCRETION. If an authorized trustee has full discretion to distribute the principal of a trust and another trustee has limited discretion to distribute principal under the trust instrument, the authorized trustee having full discretion may exercise the power to distribute the trust's principal under Section 112.072.

  40. Tex. Property Code Sec. 112.080. LATER DISCOVERED ASSETS. To the extent the authorized trustee does not provide otherwise:

  41. Tex. Property Code Sec. 112.081. OTHER AUTHORITY TO DISTRIBUTE IN FURTHER TRUST NOT LIMITED. This subchapter may not be construed to limit the power of an authorized trustee to distribute property in further trust under the terms of the governing instrument of a trust, other law, or a court order.

  42. Tex. Property Code Sec. 112.082. NEED FOR DISTRIBUTION NOT REQUIRED. An authorized trustee may exercise the power to distribute principal to a second trust under Section 112.072 or 112.073 regardless of whether there is a current need to distribute principal under the terms of the first trust.

  43. Tex. Property Code Sec. 112.083. DUTIES NOT CREATED.

  44. Tex. Property Code Sec. 112.084. CERTAIN DISTRIBUTIONS PROHIBITED.

  45. Tex. Property Code Sec. 112.085. EXCEPTIONS TO POWER OF DISTRIBUTION. An authorized trustee may not exercise a power to distribute principal of a trust under Section 112.072 or 112.073 to:

  46. Tex. Property Code Sec. 112.086. TAX-RELATED LIMITATIONS.

  47. Tex. Property Code Sec. 112.087. COMPENSATION OF TRUSTEE.

  48. Tex. Property Code Sec. 112.101. DEFINITIONS. In this subchapter:

  49. Tex. Property Code Sec. 112.102. REVOCATION OF CERTAIN NONTESTAMENTARY TRANSFERS; TREATMENT OF FORMER SPOUSE OR FORMER SPOUSE'S RELATIVE AS BENEFICIARY UNDER CERTAIN POLICIES OR PLANS.

  50. Tex. Property Code Sec. 112.103. EFFECT OF REVOCATION.

  51. Tex. Property Code Sec. 112.104. LIABILITY OF CERTAIN PURCHASERS OR RECIPIENTS OF CERTAIN PAYMENTS, BENEFITS, OR PROPERTY. A bona fide purchaser of property from a divorced individual's former spouse or any relative of the former spouse who is not a relative of the divorced individual or a person who receives from the former spouse or any relative of the former spouse who is not a relative of the divorced individual a payment, benefit, or property in partial or full satisfaction of an enforceable obligation:

  52. Tex. Property Code Sec. 112.105. LIABILITY OF FORMER SPOUSE OR FORMER SPOUSE'S RELATIVE FOR CERTAIN PAYMENTS, BENEFITS, OR PROPERTY. A divorced individual's former spouse or any relative of the former spouse who is not a relative of the divorced individual who, not for value, receives a payment, benefit, or property to which the former spouse or the relative of the former spouse who is not a relative of the divorced individual is not entitled as a result of Sections 112.102(a) and (b):

  53. Tex. Property Code Sec. 112.106. CERTAIN TRUSTS WITH DIVORCED INDIVIDUALS AS JOINT SETTLORS.

  54. Tex. Property Code Sec. 112.121. VALIDITY OF TRUST; APPLICABILITY.

  55. Tex. Property Code Sec. 112.122. ENFORCEMENT OF TRUST.

  56. Tex. Property Code Sec. 112.123. APPLICATION OR DISTRIBUTION OF TRUST PROPERTY.

Chapter 113

  1. Tex. Property Code Sec. 113.001. LIMITATION OF POWERS. A power given to a trustee by this subchapter does not apply to a trust to the extent that the instrument creating the trust, a subsequent court order, or another provision of this subtitle conflicts with or limits the power.

  2. Tex. Property Code Sec. 113.002. GENERAL POWERS. Except as provided by Section 113.001, a trustee may exercise any powers in addition to the powers authorized by this subchapter that are necessary or appropriate to carry out the purposes of the trust.

  3. Tex. Property Code Sec. 113.003. OPTIONS. A trustee may:

  4. Tex. Property Code Sec. 113.004. ADDITIONS TO TRUST ASSETS. A trustee may receive from any source additions to the assets of the trust.

  5. Tex. Property Code Sec. 113.005. ACQUISITION OF UNDIVIDED INTERESTS. A trustee may acquire all or a portion of the remaining undivided interest in property in which the trust holds an undivided interest.

  6. Tex. Property Code Sec. 113.006. GENERAL AUTHORITY TO MANAGE AND INVEST TRUST PROPERTY. Subject to the requirements of Chapter 117, a trustee may manage the trust property and invest and reinvest in property of any character on the conditions and for the lengths of time as the trustee considers proper, notwithstanding that the time may extend beyond the term of the trust.

  7. Tex. Property Code Sec. 113.007. TEMPORARY DEPOSITS OF FUNDS. A trustee may deposit trust funds that are being held pending investment, distribution, or the payment of debts in a bank that is subject to supervision by state or federal authorities. However, a corporate trustee depositing funds with itself is subject to the requirements of Section 113.057 of this code.

  8. Tex. Property Code Sec. 113.008. BUSINESS ENTITIES. A trustee may invest in, continue, or participate in the operation of any business or other investment enterprise in any form, including a sole proprietorship, partnership, limited partnership, corporation, or association, and the trustee may effect any change in the organization of the business or enterprise.

  9. Tex. Property Code Sec. 113.009. REAL PROPERTY MANAGEMENT. A trustee may:

  10. Tex. Property Code Sec. 113.010. SALE OF PROPERTY. A trustee may contract to sell, sell and convey, or grant an option to sell real or personal property at public auction or private sale for cash or for credit or for part cash and part credit, with or without security.

  11. Tex. Property Code Sec. 113.011. LEASES.

  12. Tex. Property Code Sec. 113.012. MINERALS.

  13. Tex. Property Code Sec. 113.013. INSURANCE. A trustee may purchase insurance of any nature, form, or amount to protect the trust property and the trustee.

  14. Tex. Property Code Sec. 113.014. PAYMENT OF TAXES. A trustee may pay taxes and assessments levied or assessed against the trust estate or the trustee by governmental taxing or assessing authorities.

  15. Tex. Property Code Sec. 113.015. AUTHORITY TO BORROW. A trustee may borrow money from any source, including a trustee, purchase property on credit, and mortgage, pledge, or in any other manner encumber all or any part of the assets of the trust as is advisable in the judgment of the trustee for the advantageous administration of the trust.

  16. Tex. Property Code Sec. 113.016. MANAGEMENT OF SECURITIES. A trustee may:

  17. Tex. Property Code Sec. 113.017. CORPORATE STOCK OR OTHER SECURITIES HELD IN NAME OF NOMINEE. A trustee may:

  18. Tex. Property Code Sec. 113.018. EMPLOYMENT AND APPOINTMENT OF AGENTS.

  19. Tex. Property Code Sec. 113.019. CLAIMS. A trustee may compromise, contest, arbitrate, or settle claims of or against the trust estate or the trustee.

  20. Tex. Property Code Sec. 113.020. BURDENSOME OR WORTHLESS PROPERTY. A trustee may abandon property the trustee considers burdensome or worthless.

  21. Tex. Property Code Sec. 113.021. DISTRIBUTION TO MINOR OR INCAPACITATED BENEFICIARY.

  22. Tex. Property Code Sec. 113.0211. ADJUSTMENT OF CHARITABLE TRUST.

  23. Tex. Property Code Sec. 113.022. POWER TO PROVIDE RESIDENCE AND PAY FUNERAL EXPENSES. A trustee of a trust that is not a charitable remainder unitrust, annuity trust, or pooled income fund that is intended to qualify for a federal tax deduction under Section 664, Internal Revenue Code, after giving consideration to the probable intention of the settlor and finding that the trustee's action would be consistent with that probable intention, may:

  24. Tex. Property Code Sec. 113.023. ANCILLARY TRUSTEE.

  25. Tex. Property Code Sec. 113.024. IMPLIED POWERS. The powers, duties, and responsibilities under this subtitle do not exclude other implied powers, duties, or responsibilities that are not inconsistent with this subtitle.

  26. Tex. Property Code Sec. 113.025. POWERS OF TRUSTEE REGARDING ENVIRONMENTAL LAWS.

  27. Tex. Property Code Sec. 113.026. AUTHORITY TO DESIGNATE NEW CHARITABLE BENEFICIARY.

  28. Tex. Property Code Sec. 113.027. DISTRIBUTIONS GENERALLY. When distributing trust property or dividing or terminating a trust, a trustee may:

  29. Tex. Property Code Sec. 113.028. CERTAIN CLAIMS AND CAUSES OF ACTION PROHIBITED.

  30. Tex. Property Code Sec. 113.029. DISCRETIONARY POWERS; TAX SAVINGS.

  31. Tex. Property Code Sec. 113.030. RELOCATION OF ADMINISTRATION OF CHARITABLE TRUST.

  32. Tex. Property Code Sec. 113.031. DIGITAL ASSETS.

  33. Tex. Property Code Sec. 113.051. GENERAL DUTY. The trustee shall administer the trust in good faith according to its terms and this subtitle. In the absence of any contrary terms in the trust instrument or contrary provisions of this subtitle, in administering the trust the trustee shall perform all of the duties imposed on trustees by the common law.

  34. Tex. Property Code Sec. 113.052. LOAN OF TRUST FUNDS TO TRUSTEE.

  35. Tex. Property Code Sec. 113.053. PURCHASE OR SALE OF TRUST PROPERTY BY TRUSTEE.

  36. Tex. Property Code Sec. 113.054. SALES FROM ONE TRUST TO ANOTHER. A trustee of one trust may not sell property to another trust of which it is also trustee unless the property is:

  37. Tex. Property Code Sec. 113.055. PURCHASE OF TRUSTEE'S SECURITIES.

  38. Tex. Property Code Sec. 113.056. AUTHORIZATION TO MAKE CERTAIN INVESTMENTS.

  39. Tex. Property Code Sec. 113.057. DEPOSITS BY CORPORATE TRUSTEE WITH ITSELF.

  40. Tex. Property Code Sec. 113.058. BOND.

  41. Tex. Property Code Sec. 113.081. RESIGNATION OF TRUSTEE.

  42. Tex. Property Code Sec. 113.082. REMOVAL OF TRUSTEE.

  43. Tex. Property Code Sec. 113.083. APPOINTMENT OF SUCCESSOR TRUSTEE.

  44. Tex. Property Code Sec. 113.084. POWERS OF SUCCESSOR TRUSTEE. Unless otherwise provided in the trust instrument or by order of the court appointing a successor trustee, the successor trustee has the rights, powers, authority, discretion, and title to trust property conferred on the trustee.

  45. Tex. Property Code Sec. 113.085. EXERCISE OF POWERS BY MULTIPLE TRUSTEES.

  46. Tex. Property Code Sec. 113.151. DEMAND FOR ACCOUNTING.

  47. Tex. Property Code Sec. 113.152. CONTENTS OF ACCOUNTING. A written statement of accounts shall show:

  48. Tex. Property Code Sec. 113.171. COMMON TRUST FUNDS.

  49. Tex. Property Code Sec. 113.172. AFFILIATED INSTITUTIONS. A bank or trust company that is a member of an affiliated group under Section 1504, Internal Revenue Code of 1954 (26 U.S.C. 1504), with a bank or trust company maintaining common trust funds may participate in one or more of the funds.

Chapter 114

  1. Tex. Property Code Sec. 114.001. LIABILITY OF TRUSTEE TO BENEFICIARY.

  2. Tex. Property Code Sec. 114.002. LIABILITY OF SUCCESSOR TRUSTEE FOR BREACH OF TRUST BY PREDECESSOR. A successor trustee is liable for a breach of trust of a predecessor only if he knows or should know of a situation constituting a breach of trust committed by the predecessor and the successor trustee:

  3. Tex. Property Code Sec. 114.003. POWERS TO DIRECT: CHARITABLE TRUSTS.

  4. Tex. Property Code Sec. 114.0031. DIRECTED TRUSTS; ADVISORS.

  5. Tex. Property Code Sec. 114.004. ACTIONS TAKEN PRIOR TO KNOWLEDGE OR NOTICE OF FACTS. A trustee is not liable for a mistake of fact made before the trustee has actual knowledge or receives written notice of the happening of any event that determines or affects the distribution of the income or principal of the trust, including marriage, divorce, attainment of a certain age, performance of education requirements, or death.

  6. Tex. Property Code Sec. 114.005. RELEASE OF LIABILITY BY BENEFICIARY.

  7. Tex. Property Code Sec. 114.006. LIABILITY OF COTRUSTEES FOR ACTS OF OTHER COTRUSTEES.

  8. Tex. Property Code Sec. 114.007. EXCULPATION OF TRUSTEE.

  9. Tex. Property Code Sec. 114.008. REMEDIES FOR BREACH OF TRUST.

  10. Tex. Property Code Sec. 114.031. LIABILITY OF BENEFICIARY TO TRUSTEE.

  11. Tex. Property Code Sec. 114.032. LIABILITY FOR WRITTEN AGREEMENTS.

  12. Tex. Property Code Sec. 114.061. COMPENSATION.

  13. Tex. Property Code Sec. 114.062. EXONERATION OR REIMBURSEMENT FOR TORT.

  14. Tex. Property Code Sec. 114.063. GENERAL RIGHT TO REIMBURSEMENT.

  15. Tex. Property Code Sec. 114.064. COSTS.

  16. Tex. Property Code Sec. 114.081. PROTECTION OF PERSON DEALING WITH TRUSTEE.

  17. Tex. Property Code Sec. 114.082. CONVEYANCE BY TRUSTEE. If property is conveyed or transferred to a trustee in trust but the conveyance or transfer does not identify the trust or disclose the names of the beneficiaries, the trustee may convey, transfer, or encumber the title of the property without subsequent question by a person who claims to be a beneficiary under the trust or who claims by, through, or under an undisclosed beneficiary.

  18. Tex. Property Code Sec. 114.0821. LIABILITY OF TRUST PROPERTY. Although trust property is held by the trustee without identifying the trust or its beneficiaries, the trust property is not liable to satisfy the personal obligations of the trustee.

  19. Tex. Property Code Sec. 114.083. RIGHTS AND LIABILITIES FOR COMMITTING TORTS.

  20. Tex. Property Code Sec. 114.084. CONTRACTS OF TRUSTEE.

  21. Tex. Property Code Sec. 114.085. PARTNERSHIPS.

  22. Tex. Property Code Sec. 114.086. CERTIFICATION OF TRUST.

  23. Tex. Property Code Sec. 114.087. INSTRUMENT NAMING TRUST AS PARTY.

Chapter 115

  1. Tex. Property Code Sec. 115.001. JURISDICTION.

  2. Tex. Property Code Sec. 115.002. VENUE.

  3. Tex. Property Code Sec. 115.011. PARTIES.

  4. Tex. Property Code Sec. 115.012. RULES OF PROCEDURE. Except as otherwise provided, all actions instituted under this subtitle are governed by the Texas Rules of Civil Procedure and the other statutes and rules that are applicable to civil actions generally.

  5. Tex. Property Code Sec. 115.013. PLEADINGS AND JUDGMENTS.

  6. Tex. Property Code Sec. 115.014. GUARDIAN OR ATTORNEY AD LITEM.

  7. Tex. Property Code Sec. 115.015. NOTICE TO BENEFICIARIES OF TORT OR CONTRACT PROCEEDING.

  8. Tex. Property Code Sec. 115.016. NOTICE.

  9. Tex. Property Code Sec. 115.017. WAIVER OF NOTICE. A person, including a guardian of the estate, a guardian ad litem, or other fiduciary, may waive notice by a writing signed by the person or his attorney and filed in the proceedings.

Chapter 116

  1. Tex. Property Code Sec. 116.001. SHORT TITLE. This chapter may be cited as the Uniform Principal and Income Act.

  2. Tex. Property Code Sec. 116.002. DEFINITIONS. In this chapter:

  3. Tex. Property Code Sec. 116.003. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

  4. Tex. Property Code Sec. 116.004. FIDUCIARY DUTIES; GENERAL PRINCIPLES.

  5. Tex. Property Code Sec. 116.005. TRUSTEE'S POWER TO ADJUST.

  6. Tex. Property Code Sec. 116.006. JUDICIAL CONTROL OF DISCRETIONARY POWER.

  7. Tex. Property Code Sec. 116.007. PROVISIONS REGARDING NONCHARITABLE UNITRUSTS.

  8. Tex. Property Code Sec. 116.051. DETERMINATION AND DISTRIBUTION OF NET INCOME. After a decedent dies, in the case of an estate, or after an income interest in a trust ends, the following rules apply:

  9. Tex. Property Code Sec. 116.052. DISTRIBUTION TO RESIDUARY AND REMAINDER BENEFICIARIES.

  10. Tex. Property Code Sec. 116.101. WHEN RIGHT TO INCOME BEGINS AND ENDS.

  11. Tex. Property Code Sec. 116.102. APPORTIONMENT OF RECEIPTS AND DISBURSEMENTS WHEN DECEDENT DIES OR INCOME INTEREST BEGINS.

  12. Tex. Property Code Sec. 116.103. APPORTIONMENT WHEN INCOME INTEREST ENDS.

  13. Tex. Property Code Sec. 116.151. CHARACTER OF RECEIPTS.

  14. Tex. Property Code Sec. 116.152. DISTRIBUTION FROM TRUST OR ESTATE. A trustee shall allocate to income an amount received as a distribution of income from a trust or an estate in which the trust has an interest other than a purchased interest, and shall allocate to principal an amount received as a distribution of principal from such a trust or estate. If a trustee purchases an interest in a trust that is an investment entity, or a decedent or donor transfers an interest in such a trust to a trustee, Section 116.151 or 116.178 applies to a receipt from the trust.

  15. Tex. Property Code Sec. 116.153. BUSINESS AND OTHER ACTIVITIES CONDUCTED BY TRUSTEE.

  16. Tex. Property Code Sec. 116.161. PRINCIPAL RECEIPTS. A trustee shall allocate to principal:

  17. Tex. Property Code Sec. 116.162. RENTAL PROPERTY. To the extent that a trustee accounts for receipts from rental property pursuant to this section, the trustee shall allocate to income an amount received as rent of real or personal property, including an amount received for cancellation or renewal of a lease. An amount received as a refundable deposit, including a security deposit or a deposit that is to be applied as rent for future periods, must be added to principal and held subject to the terms of the lease and is not available for distribution to a beneficiary until the trustee's contractual obligations have been satisfied with respect to that amount.

  18. Tex. Property Code Sec. 116.163. OBLIGATION TO PAY MONEY.

  19. Tex. Property Code Sec. 116.164. INSURANCE POLICIES AND SIMILAR CONTRACTS.

  20. Tex. Property Code Sec. 116.171. INSUBSTANTIAL ALLOCATIONS NOT REQUIRED. If a trustee determines that an allocation between principal and income required by Section 116.172, 116.173, 116.174, 116.175, or 116.178 is insubstantial, the trustee may allocate the entire amount to principal unless one of the circumstances described in Section 116.005(c) applies to the allocation. This power may be exercised by a cotrustee in the circumstances described in Section 116.005(d) and may be released for the reasons and in the manner described in Section 116.005(e).

  21. Tex. Property Code Sec. 116.172. DEFERRED COMPENSATION, ANNUITIES, AND SIMILAR PAYMENTS.

  22. Tex. Property Code Sec. 116.173. LIQUIDATING ASSET.

  23. Tex. Property Code Sec. 116.174. MINERALS, WATER, AND OTHER NATURAL RESOURCES.

  24. Tex. Property Code Sec. 116.175. TIMBER.

  25. Tex. Property Code Sec. 116.176. PROPERTY NOT PRODUCTIVE OF INCOME.

  26. Tex. Property Code Sec. 116.177. DERIVATIVES AND OPTIONS.

  27. Tex. Property Code Sec. 116.178. ASSET-BACKED SECURITIES.

  28. Tex. Property Code Sec. 116.201. DISBURSEMENTS FROM INCOME. A trustee shall make the following disbursements from income to the extent that they are not disbursements to which Section 116.051(2)(B) or

  29. Tex. Property Code Sec. 116.202. DISBURSEMENTS FROM PRINCIPAL.

  30. Tex. Property Code Sec. 116.203. TRANSFERS FROM INCOME TO PRINCIPAL FOR DEPRECIATION.

  31. Tex. Property Code Sec. 116.204. TRANSFERS FROM INCOME TO REIMBURSE PRINCIPAL.

  32. Tex. Property Code Sec. 116.205. INCOME TAXES.

  33. Tex. Property Code Sec. 116.206. ADJUSTMENTS BETWEEN PRINCIPAL AND INCOME BECAUSE OF TAXES.

Chapter 117

  1. Tex. Property Code Sec. 117.001. SHORT TITLE. This chapter may be cited as the "Uniform Prudent Investor Act."

  2. Tex. Property Code Sec. 117.002. UNIFORMITY OF APPLICATION AND CONSTRUCTION. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among the states enacting it.

  3. Tex. Property Code Sec. 117.003. PRUDENT INVESTOR RULE.

  4. Tex. Property Code Sec. 117.004. STANDARD OF CARE; PORTFOLIO STRATEGY; RISK AND RETURN OBJECTIVES.

  5. Tex. Property Code Sec. 117.005. DIVERSIFICATION. A trustee shall diversify the investments of the trust unless the trustee reasonably determines that, because of special circumstances, the purposes of the trust are better served without diversifying.

  6. Tex. Property Code Sec. 117.006. DUTIES AT INCEPTION OF TRUSTEESHIP. Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee shall review the trust assets and make and implement decisions concerning the retention and disposition of assets, in order to bring the trust portfolio into compliance with the purposes, terms, distribution requirements, and other circumstances of the trust, and with the requirements of this chapter.

  7. Tex. Property Code Sec. 117.007. LOYALTY. A trustee shall invest and manage the trust assets solely in the interest of the beneficiaries.

  8. Tex. Property Code Sec. 117.008. IMPARTIALITY. If a trust has two or more beneficiaries, the trustee shall act impartially in investing and managing the trust assets, taking into account any differing interests of the beneficiaries.

  9. Tex. Property Code Sec. 117.009. INVESTMENT COSTS. In investing and managing trust assets, a trustee may only incur costs that are appropriate and reasonable in relation to the assets, the purposes of the trust, and the skills of the trustee.

  10. Tex. Property Code Sec. 117.010. REVIEWING COMPLIANCE. Compliance with the prudent investor rule is determined in light of the facts and circumstances existing at the time of a trustee's decision or action and not by hindsight.

  11. Tex. Property Code Sec. 117.011. DELEGATION OF INVESTMENT AND MANAGEMENT FUNCTIONS.

  12. Tex. Property Code Sec. 117.012. LANGUAGE INVOKING STANDARD OF CHAPTER. The following terms or comparable language in the provisions of a trust, unless otherwise limited or modified, authorizes any investment or strategy permitted under this chapter: "investments permissible by law for investment of trust funds," "legal investments," "authorized investments," "using the judgment and care under the circumstances then prevailing that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital," "prudent man rule," "prudent trustee rule," "prudent person rule," and "prudent investor rule."

Chapter 121

  1. Tex. Property Code Sec. 121.001. PENSION TRUSTS.

  2. Tex. Property Code Sec. 121.002. EMPLOYEES OF CONTROLLED CORPORATIONS. For the purposes of this subchapter, the relationship of employer and employee exists between a corporation and its own employees, and between a corporation and the employees of each other corporation that it controls, by which it is controlled, or with which it is under common control through the exercise by one or more persons of a majority of voting rights in one or more corporations.

  3. Tex. Property Code Sec. 121.003. APPLICATION OF TEXAS TRUST CODE. The Texas Trust Code (Chapters 111 through 117) applies to a pension trust.

  4. Tex. Property Code Sec. 121.004. RULE AGAINST PERPETUITIES. A pension trust may continue for as long as is necessary to accomplish the purposes of the trust and is not invalid under the rule against perpetuities or any other law restricting or limiting the duration of a trust.

  5. Tex. Property Code Sec. 121.005. ACCUMULATION OF INCOME. Notwithstanding any law limiting the time during which trust income may be accumulated, the income of a pension trust may be accumulated under the terms of the trust for as long as is necessary to accomplish the purposes of the trust.

  6. Tex. Property Code Sec. 121.051. DEFINITIONS.

  7. Tex. Property Code Sec. 121.052. PAYMENT OF DEATH BENEFIT TO TRUSTEE.

  8. Tex. Property Code Sec. 121.053. VALIDITY OF TRUST DECLARATION. The validity of a trust agreement or declaration is not affected by:

  9. Tex. Property Code Sec. 121.054. UNCLAIMED BENEFITS. If a trustee does not claim a death benefit on or before the first anniversary of the employee's or participant's death or if satisfactory evidence is provided to a trustee, custodian, other fiduciary, or other obligor of the employees' trust, contract purchased by the employees' trust, or the retirement account before the first anniversary of the employee's or participant's death that there is or will be no trustee to receive the death benefit, the death benefit shall be paid:

  10. Tex. Property Code Sec. 121.055. EXEMPTION FROM TAXES AND DEBTS. Unless the trust agreement, declaration of trust, or will provides otherwise, a death benefit payable to a trustee under this subchapter is not:

  11. Tex. Property Code Sec. 121.056. COMMINGLING OF ASSETS. A trustee who receives a death benefit under this subchapter may commingle the property with other assets accepted by the trustee and held in trust, either before or after the death benefit is received.

  12. Tex. Property Code Sec. 121.057. PRIOR DESIGNATIONS NOT AFFECTED. This subchapter does not affect the validity of a beneficiary designation made by an employee before April 3, 1975, that names a trustee as beneficiary of a death benefit.

  13. Tex. Property Code Sec. 121.058. CONSTRUCTION.

Chapter 123

  1. Tex. Property Code Sec. 123.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 123.002. ATTORNEY GENERAL'S PARTICIPATION. For and on behalf of the interest of the general public of this state in charitable trusts, the attorney general is a proper party and may intervene in a proceeding involving a charitable trust. The attorney general may join and enter into a compromise, settlement agreement, contract, or judgment relating to a proceeding involving a charitable trust.

  3. Tex. Property Code Sec. 123.003. NOTICE.

  4. Tex. Property Code Sec. 123.004. VOIDABLE JUDGMENT OR AGREEMENT.

  5. Tex. Property Code Sec. 123.005. BREACH OF FIDUCIARY DUTY: VENUE; JURISDICTION.

  6. Tex. Property Code Sec. 123.006. ATTORNEY'S FEES.

Chapter 124

  1. Tex. Property Code Sec. 124.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 124.002. COMPULSORY DIVESTMENT PROHIBITED. In a suit or other judicial proceeding the object or effect of which is to compel the partition of a mineral interest owned or claimed by a charitable trust, a sale or other action that would divest the charitable trust of the trust's ownership of a mineral interest may not be ordered unless the trust has refused to execute a mineral lease, the terms of which are fair and reasonable, to the plaintiff or petitioner in the proceeding.

Chapter 141

  1. Tex. Property Code Sec. 141.001. SHORT TITLE. This chapter may be cited as the Texas Uniform Transfers to Minors Act.

  2. Tex. Property Code Sec. 141.002. DEFINITIONS. In this chapter:

  3. Tex. Property Code Sec. 141.003. SCOPE AND JURISDICTION.

  4. Tex. Property Code Sec. 141.004. NOMINATION OF CUSTODIAN.

  5. Tex. Property Code Sec. 141.005. TRANSFER BY GIFT OR EXERCISE OF POWER OF APPOINTMENT. A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor under Section 141.010.

  6. Tex. Property Code Sec. 141.006. TRANSFER AUTHORIZED BY WILL OR TRUST.

  7. Tex. Property Code Sec. 141.007. OTHER TRANSFER BY FIDUCIARY.

  8. Tex. Property Code Sec. 141.008. TRANSFER BY OBLIGOR.

  9. Tex. Property Code Sec. 141.009. RECEIPT FOR CUSTODIAL PROPERTY. A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian under this chapter.

  10. Tex. Property Code Sec. 141.010. MANNER OF CREATING CUSTODIAL PROPERTY AND EFFECTING TRANSFER; DESIGNATION OF INITIAL CUSTODIAN; CONTROL.

  11. Tex. Property Code Sec. 141.011. SINGLE CUSTODIANSHIP. A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this chapter by the same custodian for the benefit of the same minor constitutes a single custodianship.

  12. Tex. Property Code Sec. 141.012. VALIDITY AND EFFECT OF TRANSFER.

  13. Tex. Property Code Sec. 141.013. CARE OF CUSTODIAL PROPERTY.

  14. Tex. Property Code Sec. 141.014. POWERS OF CUSTODIAN.

  15. Tex. Property Code Sec. 141.015. USE OF CUSTODIAL PROPERTY.

  16. Tex. Property Code Sec. 141.016. CUSTODIAN'S EXPENSES, COMPENSATION, AND BOND.

  17. Tex. Property Code Sec. 141.017. EXEMPTION OF THIRD PERSON FROM LIABILITY. A third person, in good faith and without court order, may act on the instructions of or otherwise deal with any person purporting to make a transfer or act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining the:

  18. Tex. Property Code Sec. 141.018. LIABILITY TO THIRD PERSON.

  19. Tex. Property Code Sec. 141.019. RENUNCIATION, RESIGNATION, DEATH, OR REMOVAL OF CUSTODIAN; DESIGNATION OF SUCCESSOR CUSTODIAN.

  20. Tex. Property Code Sec. 141.020. ACCOUNTING BY AND DETERMINATION OF LIABILITY.

  21. Tex. Property Code Sec. 141.021. TERMINATION OF CUSTODIANSHIP. The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate on the earlier of the date:

  22. Tex. Property Code Sec. 141.022. APPLICABILITY. Except as provided by Section 141.025, this chapter applies to a transfer within the scope of Section 141.003 made after September 1, 1995, if:

  23. Tex. Property Code Sec. 141.023. EFFECT ON EXISTING CUSTODIANSHIPS.

  24. Tex. Property Code Sec. 141.024. UNIFORMITY OF APPLICATION AND CONSTRUCTION. This chapter shall be applied and construed to effect its general purpose, to make uniform the law with respect to the subject of this chapter among states enacting that law.

  25. Tex. Property Code Sec. 141.025. ADDITIONAL TRANSFERS TO CUSTODIANSHIPS IN EXISTENCE BEFORE EFFECTIVE DATE OF ACT.

Chapter 142

  1. Tex. Property Code Sec. 142.001. MANAGEMENT BY DECREE.

  2. Tex. Property Code Sec. 142.002. MANAGEMENT BY BONDED MANAGER.

  3. Tex. Property Code Sec. 142.003. COMPENSATION AND DUTIES OF MANAGERS.

  4. Tex. Property Code Sec. 142.004. INVESTMENT OF FUNDS.

  5. Tex. Property Code Sec. 142.005. TRUST FOR PROPERTY.

  6. Tex. Property Code Sec. 142.006. CLAIMS AGAINST PROPERTY. If any person claims an interest in property subject to management under this chapter, the court having authority over the property may hear evidence on the interest and may order the claim or the portion of the claim found to be just to be paid to the person entitled to receive it.

  7. Tex. Property Code Sec. 142.007. INCAPACITATED PERSON. For the purposes of this chapter, "incapacitated person" means a person who is impaired because of mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, or any other cause except status as a minor to the extent that the person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person.

  8. Tex. Property Code Sec. 142.008. STRUCTURED SETTLEMENT.

  9. Tex. Property Code Sec. 142.009. ANNUITY CONTRACT REQUIREMENTS FOR STRUCTURED SETTLEMENT.

  10. Tex. Property Code Sec. 142.010. TRANSFER OF TRUST PROPERTY TO A POOLED TRUST SUBACCOUNT.

Chapter 143

  1. Tex. Property Code Sec. 143.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 143.002. APPLICATION TO ESTABLISH SUBACCOUNT. The following persons may apply to the court having jurisdiction under Section 142.005 for the establishment of a subaccount solely for the benefit of a proposed beneficiary who is a person for whom a management trust has been or could be established for the person's benefit under Section 142.005:

  3. Tex. Property Code Sec. 143.003. APPOINTMENT OF ATTORNEY AD LITEM.

  4. Tex. Property Code Sec. 143.004. ESTABLISHMENT OF SUBACCOUNT. If the court finds that it is in the best interests of a person who is the subject of an application under Section 143.002, the court may order:

  5. Tex. Property Code Sec. 143.005. TERMS OF SUBACCOUNT. Unless the court orders otherwise, the terms governing the subaccount must provide that:

  6. Tex. Property Code Sec. 143.006. FEES AND REPORTING.

  7. Tex. Property Code Sec. 143.007. JURISDICTION EXCLUSIVE. Notwithstanding any other law, the court that orders the establishment of a subaccount for a beneficiary has exclusive jurisdiction of a subsequent proceeding or action that relates to both the beneficiary and the subaccount, and the proceeding or action may be brought only in that court.

Chapter 161

  1. Tex. Property Code Sec. 161.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 161.002. DECREE OR GOVERNING INSTRUMENT CONTROLS. The authority granted in this chapter is subject to contrary or limiting provisions in the instrument or court order appointing the fiduciary of the securities or in a subsequent court order.

  3. Tex. Property Code Sec. 161.021. AUTHORITY OF FIDUCIARY. A fiduciary who holds a security in a fiduciary capacity may:

  4. Tex. Property Code Sec. 161.022. SEPARATE ASSETS.

  5. Tex. Property Code Sec. 161.023. EXPENSE OF CUSTODIANSHIP. Unless the fiduciary is a corporation, the cost of employing a bank as a custodian of securities under this subchapter is a charge against the estate or trust.

  6. Tex. Property Code Sec. 161.024. RECORDS. A bank holding a security under Section 161.021, whether in registered or bearer form, at all times shall keep records showing the ownership of the security.

  7. Tex. Property Code Sec. 161.025. REDELIVERY OF SECURITY HELD BY NOMINEE.

  8. Tex. Property Code Sec. 161.026. DISPOSITION OF SECURITY HELD BY NOMINEE. A bank holding a security in the name of a nominee under this subchapter may make any disposition of the security that is authorized or ordered by a court having jurisdiction of the estate or trust.

  9. Tex. Property Code Sec. 161.027. LIABILITY. A bank holding a security in the name of a nominee under this subchapter is liable for a loss resulting from the acts of the bank's nominee with respect to the security.

  10. Tex. Property Code Sec. 161.028. CERTIFICATION.

  11. Tex. Property Code Sec. 161.051. APPLICATION.

  12. Tex. Property Code Sec. 161.052. AUTHORITY OF FIDUCIARY. A fiduciary holding a security in its fiduciary capacity and a bank, trust company, or private banker holding a security as a custodian for a fiduciary, a managing agent, or a custodian may deposit or arrange for the deposit of the security with:

  13. Tex. Property Code Sec. 161.053. BULK HOLDINGS. A clearing corporation may merge and hold in bulk certificates representing the same class of securities of the same issuer that are deposited with it under this subchapter, together with any other securities deposited with the clearing corporation by any person in the name of the nominee of the clearing corporation, regardless of the ownership of the securities. Certificates of small denomination may be merged into one or more certificates of larger denomination.

  14. Tex. Property Code Sec. 161.054. RECORDS. A fiduciary, bank, trust company, or private banker depositing a security under this subchapter shall show in its records at all times the ownership of the securities deposited in the account.

  15. Tex. Property Code Sec. 161.055. REGULATION. A bank, trust company, or private banker depositing securities under this subchapter is subject to the regulations issued by the Finance Commission of Texas if the institution is chartered by this state or is private or by the comptroller of the currency if the institution is a national banking association.

  16. Tex. Property Code Sec. 161.056. BOOK TRANSFERS. The Federal Reserve Bank of Dallas or a clearing corporation holding securities deposited under this subchapter may transfer ownership of or other interests in the securities by making entries in the books of the bank or corporation and without physical delivery of certificates representing the securities.

  17. Tex. Property Code Sec. 161.057. LIABILITY. A fiduciary who deposits securities in a clearing corporation is liable to the beneficial owner of the securities for a loss resulting from the acts or omissions of the clearing corporation. This subchapter does not affect a liability between the fiduciary and the clearing corporation.

  18. Tex. Property Code Sec. 161.058. CERTIFICATION.

Chapter 162

  1. Tex. Property Code Sec. 162.001. CONSTRUCTION PAYMENTS AND LOAN RECEIPTS AS TRUST FUNDS.

  2. Tex. Property Code Sec. 162.002. CONTRACTORS AS TRUSTEES. A contractor, subcontractor, or owner or an officer, director, or agent of a contractor, subcontractor, or owner, who receives trust funds or who has control or direction of trust funds, is a trustee of the trust funds.

  3. Tex. Property Code Sec. 162.003. BENEFICIARIES OF TRUST FUNDS.

  4. Tex. Property Code Sec. 162.0031. BENEFICIARY'S ASSIGNMENT OF INTEREST IN UNPAID TRUST FUNDS. An assignment by a beneficiary of the beneficiary's interest in unpaid trust funds under this chapter may not be enforced unless:

  5. Tex. Property Code Sec. 162.004. APPLICATION.

  6. Tex. Property Code Sec. 162.005. DEFINITIONS. In this chapter:

  7. Tex. Property Code Sec. 162.006. CONSTRUCTION ACCOUNT REQUIRED IN CERTAIN CIRCUMSTANCES.

  8. Tex. Property Code Sec. 162.007. MANAGEMENT OF CONSTRUCTION ACCOUNTS.

  9. Tex. Property Code Sec. 162.031. MISAPPLICATION OF TRUST FUNDS.

  10. Tex. Property Code Sec. 162.032. PENALTIES.

  11. Tex. Property Code Sec. 162.033. ELECTION OF OFFENSES. If the misapplication of trust funds by a trustee constitutes another offense punishable under the laws of this state, the state may elect the offense for which it will prosecute the trustee.

Chapter 163

  1. Tex. Property Code Sec. 163.001. SHORT TITLE. This chapter may be cited as the Uniform Prudent Management of Institutional Funds Act.

  2. Tex. Property Code Sec. 163.002. LEGISLATIVE FINDINGS AND PURPOSE.

  3. Tex. Property Code Sec. 163.003. DEFINITIONS. In this chapter:

  4. Tex. Property Code Sec. 163.004. STANDARD OF CONDUCT IN MANAGING AND INVESTING INSTITUTIONAL FUND.

  5. Tex. Property Code Sec. 163.005. APPROPRIATION FOR EXPENDITURE OR ACCUMULATION OF ENDOWMENT FUND; RULES OF CONSTRUCTION.

  6. Tex. Property Code Sec. 163.006. DELEGATION OF MANAGEMENT AND INVESTMENT FUNCTIONS.

  7. Tex. Property Code Sec. 163.007. RELEASE OR MODIFICATION OF RESTRICTIONS ON MANAGEMENT, INVESTMENT, OR PURPOSE.

  8. Tex. Property Code Sec. 163.008. REVIEWING COMPLIANCE. Compliance with this chapter is determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight.

  9. Tex. Property Code Sec. 163.009. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This chapter modifies, limits, and supersedes the provisions of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify, limit, or supersede Section 101 of that Act (15 U.S.C. Section 7001(a)) or authorize electronic delivery of any of the notices described in Section 103 of that Act (15 U.S.C. Section 7003(b)).

  10. Tex. Property Code Sec. 163.010. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to the subject matter of this chapter among states that enact a law substantially similar to this chapter.

  11. Tex. Property Code Sec. 163.011. APPLICABILITY OF OTHER PARTS OF CODE. Chapters 116 and 117 do not apply to any institutional fund subject to this chapter.

Chapter 181

  1. Tex. Property Code Sec. 181.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 181.002. APPLICATION.

  3. Tex. Property Code Sec. 181.003. CHAPTER NOT EXCLUSIVE. The provisions of this chapter concerning the release of a power are not exclusive.

  4. Tex. Property Code Sec. 181.004. CONSTRUCTION. This chapter is intended to be declarative of the common law of this state, and it shall be liberally construed to make all powers, except imperative powers in trust, releasable unless the instrument creating the trust expressly provides otherwise.

  5. Tex. Property Code Sec. 181.051. AUTHORITY OF DONEE TO RELEASE POWER. Unless the instrument creating the power specifically provides to the contrary, a donee may at any time:

  6. Tex. Property Code Sec. 181.052. REQUISITES OF RELEASE.

  7. Tex. Property Code Sec. 181.053. RELEASE BY GUARDIAN. If a person under a disability holds a power, the guardian of the person's estate may release the power in the manner provided in this chapter on the order of the court in this state in which the guardian was appointed or in which the guardianship proceeding is pending.

  8. Tex. Property Code Sec. 181.054. EFFECT OF RELEASE ON MULTIPLE DONEES. Unless the instrument creating a power provides otherwise, the complete or partial release by one or more donees of a power that may be exercised by two or more donees, either as an individual or a fiduciary, together or successively, does not prevent or limit the exercise or participation in the exercise of the power by the other donee or donees.

  9. Tex. Property Code Sec. 181.055. NOTICE OF RELEASE.

  10. Tex. Property Code Sec. 181.056. RECORDING.

  11. Tex. Property Code Sec. 181.057. EFFECT OF FAILURE TO DELIVER OR FILE. Failure to deliver or file an instrument releasing a power under Sections 181.052 and 181.055 does not affect the validity of the release as to the donee, the person in whose favor the power may be exercised, or any other person except those expressly protected by Sections 181.052 and 181.055.

  12. Tex. Property Code Sec. 181.058. RESTRAINTS ON ALIENATION OR ANTICIPATION. The release of a power that otherwise may be released is not prevented merely by provisions of the instrument creating the power that restrain alienation or anticipation.

  13. Tex. Property Code Sec. 181.081. EXTENT OF POWER. Unless an instrument creating a power expressly provides to the contrary, a donee may exercise a power in any manner consistent with this subchapter.

  14. Tex. Property Code Sec. 181.082. GENERAL EXERCISE. In exercising a power, a donee may make an appointment:

  15. Tex. Property Code Sec. 181.083. CREATING ADDITIONAL POWERS.

Chapter 201

  1. Tex. Property Code Sec. 201.001. APPLICATION.

  2. Tex. Property Code Sec. 201.002. FINDINGS AND PURPOSE.

  3. Tex. Property Code Sec. 201.003. DEFINITIONS. In this chapter:

  4. Tex. Property Code Sec. 201.004. EXTENSION, RENEWAL, CREATION, MODIFICATION OF, OR ADDITION TO, RESTRICTIONS.

  5. Tex. Property Code Sec. 201.005. PETITION COMMITTEE.

  6. Tex. Property Code Sec. 201.0051. SPECIAL PETITION APPROVAL REQUIRED FOR CERTAIN RESTRICTIONS. A right created or an obligation imposed by an existing restriction that relates to the developer of the subdivision or an architectural control committee established by the instrument creating the restriction cannot be altered unless the person who has the right or obligation signs and acknowledges the petition.

  7. Tex. Property Code Sec. 201.006. PETITION PROCEDURE.

  8. Tex. Property Code Sec. 201.007. CONTENTS OF PETITION.

  9. Tex. Property Code Sec. 201.008. NOTICE AND CERTIFICATE OF COMPLIANCE.

  10. Tex. Property Code Sec. 201.009. PROPERTY WITHIN SUBDIVISION NOT AFFECTED BY PETITION.

  11. Tex. Property Code Sec. 201.010. ACTION AND LIMITATIONS OF REMEDIES.

  12. Tex. Property Code Sec. 201.011. PROHIBITION OF CLAIM OF LACK OF MUTUALITY. If a petition procedure is completed under this chapter, the owners of property within the subdivision whose property is covered by the petition may not raise in any judicial proceeding the issue that the restrictions added, modified, created, or extended under this chapter are not enforceable on the grounds that the restrictions are not applicable to all of the property in the subdivision.

  13. Tex. Property Code Sec. 201.012. MULTIPLE FILING; COMPUTATION OF FILING DATE. For purposes of this chapter, an instrument required to be filed with the clerk of more than one county is considered filed on the date on which the last required filing is made.

  14. Tex. Property Code Sec. 201.013. CUMULATIVE EFFECT. The procedure prescribed by this chapter for adding to, modifying, creating, or extending the term of a restriction is cumulative and not in lieu of other methods of adding to, modifying, creating, or extending a restriction.

Chapter 202

  1. Tex. Property Code Sec. 202.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 202.002. APPLICABILITY OF CHAPTER.

  3. Tex. Property Code Sec. 202.003. CONSTRUCTION OF RESTRICTIVE COVENANTS.

  4. Tex. Property Code Sec. 202.004. ENFORCEMENT OF RESTRICTIVE COVENANTS.

  5. Tex. Property Code Sec. 202.005. WITHDRAWAL OF SIGNATURE.

  6. Tex. Property Code Sec. 202.006. PUBLIC RECORDS.

  7. Tex. Property Code Sec. 202.007. CERTAIN RESTRICTIVE COVENANTS PROHIBITED.

  8. Tex. Property Code Sec. 202.008. LIMITATION ON FINES DURING RESIDENTIAL WATER RESTRICTION.

  9. Tex. Property Code Sec. 202.010. REGULATION OF SOLAR ENERGY DEVICES.

  10. Tex. Property Code Sec. 202.011. REGULATION OF CERTAIN ROOFING MATERIALS. A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner who is otherwise authorized to install shingles on the roof of the owner's property from installing shingles that:

  11. Tex. Property Code Sec. 202.012. FLAG DISPLAY.

  12. Tex. Property Code Sec. 202.013. REGULATION OF ASSEMBLY, ASSOCIATION, AND SPEECH.

  13. Tex. Property Code Sec. 202.018. REGULATION OF DISPLAY OF CERTAIN RELIGIOUS ITEMS.

  14. Tex. Property Code Sec. 202.019. STANDBY ELECTRIC GENERATORS.

  15. Tex. Property Code Sec. 202.020. CERTAIN SALES OF BEVERAGES BY CHILDREN.

  16. Tex. Property Code Sec. 202.021. REGULATION OF FIREARMS OR FIREARM AMMUNITION. A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits, restricts, or has the effect of prohibiting or restricting any person who is otherwise authorized from lawfully possessing, transporting, or storing a firearm, any part of a firearm, or firearm ammunition, as well as the otherwise lawful discharge of a firearm.

  17. Tex. Property Code Sec. 202.022. SWIMMING POOL ENCLOSURES.

  18. Tex. Property Code Sec. 202.023. SECURITY MEASURES.

  19. Tex. Property Code Sec. 202.024. DISCRIMINATION AGAINST TENANT BASED ON METHOD OF PAYMENT PROHIBITED.

Chapter 203

  1. Tex. Property Code Sec. 203.001. APPLICABILITY OF CHAPTER. This chapter applies only to a county with a population of more than 200,000.

  2. Tex. Property Code Sec. 203.002. DEFINITION. In this chapter, "restriction" means a limitation that affects the use to which real property may be put, fixes the distance at which buildings or other structures must be set back from property, street, or lot lines, affects the size of lots, or affects the size, type, or number of buildings or other structures that may be built on the property.

  3. Tex. Property Code Sec. 203.003. COUNTY ATTORNEY AUTHORIZED TO ENFORCE RESTRICTIONS.

  4. Tex. Property Code Sec. 203.004. ADMINISTRATIVE FEE.

  5. Tex. Property Code Sec. 203.005. COURT COSTS AND ATTORNEY'S FEES.

Chapter 204

  1. Tex. Property Code Sec. 204.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 204.002. APPLICATION.

  3. Tex. Property Code Sec. 204.003. APPLICATION OF PROVISIONS OF RESTRICTIVE COVENANTS IN CERTAIN CIRCUMSTANCES.

  4. Tex. Property Code Sec. 204.004. PROPERTY OWNERS' ASSOCIATION.

  5. Tex. Property Code Sec. 204.005. EXTENSION OF, ADDITION TO, OR MODIFICATION OF EXISTING RESTRICTIONS.

  6. Tex. Property Code Sec. 204.006. CREATION OF PROPERTY OWNERS' ASSOCIATION.

  7. Tex. Property Code Sec. 204.007. EFFECT ON LIENHOLDERS.

  8. Tex. Property Code Sec. 204.008. METHOD OF ADOPTION. An extension, addition to, or modification of restrictions proposed by a property owners' association may be adopted:

  9. Tex. Property Code Sec. 204.009. TEXAS NONPROFIT CORPORATIONS.

  10. Tex. Property Code Sec. 204.010. POWERS OF PROPERTY OWNERS' ASSOCIATION.

  11. Tex. Property Code Sec. 204.011. ARCHITECTURAL CONTROL COMMITTEE.

Chapter 205

  1. Tex. Property Code Sec. 205.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 205.002. APPLICABILITY. This chapter applies only to a county with a population of 65,000 or more.

  3. Tex. Property Code Sec. 205.003. RESTRICTIONS APPLICABLE TO REVISED SUBDIVISIONS.

  4. Tex. Property Code Sec. 205.004. AMENDMENT OF RESTRICTIONS BY GOVERNING BODY OF PROPERTY OWNERS' ASSOCIATION.

Chapter 206

  1. Tex. Property Code Sec. 206.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 206.002. APPLICABILITY OF CHAPTER. This chapter applies only to:

  3. Tex. Property Code Sec. 206.003. EXTENSION OF RESTRICTION IMPOSING REGULAR ASSESSMENT.

  4. Tex. Property Code Sec. 206.004. METHOD OF VOTING.

Chapter 207

  1. Tex. Property Code Sec. 207.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 207.002. APPLICABILITY.

  3. Tex. Property Code Sec. 207.003. DELIVERY OF SUBDIVISION INFORMATION TO OWNER.

  4. Tex. Property Code Sec. 207.004. OWNER'S REMEDIES FOR FAILURE BY PROPERTY OWNERS' ASSOCIATION TO TIMELY DELIVER INFORMATION.

  5. Tex. Property Code Sec. 207.005. EFFECT OF RESALE CERTIFICATE; LIABILITY.

  6. Tex. Property Code Sec. 207.006. ONLINE SUBDIVISION INFORMATION REQUIRED.

Chapter 208

  1. Tex. Property Code Sec. 208.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 208.002. APPLICABILITY.

  3. Tex. Property Code Sec. 208.003. HISTORIC NEIGHBORHOOD PRESERVATION ASSOCIATION.

  4. Tex. Property Code Sec. 208.004. COMMON SCHEME FOR PRESERVATION OF PROPERTY IN HISTORIC NEIGHBORHOOD.

  5. Tex. Property Code Sec. 208.005. AMENDMENT OR TERMINATION OF RESTRICTIVE COVENANTS UNDER COMMON SCHEME FOR PRESERVATION.

  6. Tex. Property Code Sec. 208.006. METHOD OF VOTING.

  7. Tex. Property Code Sec. 208.007. REGULAR AND SPECIAL ASSESSMENTS. The procedure established by this chapter for the amendment of restrictive covenants may not be used to establish a regular or special assessment.

  8. Tex. Property Code Sec. 208.008. BUILDING LINES. The procedure established by this chapter for the amendment of restrictive covenants may not be used to modify a building line established by a restrictive covenant, municipal map, or subdivision plat.

  9. Tex. Property Code Sec. 208.009. DEFENSE TO ENFORCEMENT OF RESTRICTIVE COVENANT. An owner may not assert as a defense to the enforcement of a restrictive covenant that is part of a common scheme for preservation of historic property that the owner or a predecessor in title signed a blank signature page or similar procedural defect if the signature page was attached to a dedicatory instrument adopted by a historic neighborhood preservation association and:

Chapter 209

  1. Tex. Property Code Sec. 209.001. SHORT TITLE. This chapter may be cited as the Texas Residential Property Owners Protection Act.

  2. Tex. Property Code Sec. 209.002. DEFINITIONS. In this chapter:

  3. Tex. Property Code Sec. 209.003. APPLICABILITY OF CHAPTER.

  4. Tex. Property Code Sec. 209.004. MANAGEMENT CERTIFICATES.

  5. Tex. Property Code Sec. 209.0041. ADOPTION OR AMENDMENT OF CERTAIN DEDICATORY INSTRUMENTS.

  6. Tex. Property Code Sec. 209.0042. METHODS OF PROVIDING NOTICES TO OWNERS.

  7. Tex. Property Code Sec. 209.005. ASSOCIATION RECORDS.

  8. Tex. Property Code Sec. 209.00505. ARCHITECTURAL REVIEW AUTHORITY.

  9. Tex. Property Code Sec. 209.00506. ELIGIBILITY TO SERVE ON ARCHITECTURAL REVIEW AUTHORITY.

  10. Tex. Property Code Sec. 209.00507. SOLICITATION OF CANDIDATES FOR ARCHITECTURAL REVIEW AUTHORITY.

  11. Tex. Property Code Sec. 209.0051. OPEN BOARD MEETINGS.

  12. Tex. Property Code Sec. 209.0052. ASSOCIATION CONTRACTS.

  13. Tex. Property Code Sec. 209.0055. VOTING.

  14. Tex. Property Code Sec. 209.0056. NOTICE OF ELECTION OR ASSOCIATION VOTE.

  15. Tex. Property Code Sec. 209.0057. RECOUNT OF VOTES.

  16. Tex. Property Code Sec. 209.0058. BALLOTS.

  17. Tex. Property Code Sec. 209.0059. RIGHT TO VOTE.

  18. Tex. Property Code Sec. 209.00591. BOARD MEMBERSHIP.

  19. Tex. Property Code Sec. 209.00592. VOTING; QUORUM.

  20. Tex. Property Code Sec. 209.00593. ELECTION OF BOARD MEMBERS.

  21. Tex. Property Code Sec. 209.00594. TABULATION OF AND ACCESS TO BALLOTS.

  22. Tex. Property Code Sec. 209.006. NOTICE REQUIRED BEFORE ENFORCEMENT ACTION.

  23. Tex. Property Code Sec. 209.0061. ASSOCIATION POLICY; FINES.

  24. Tex. Property Code Sec. 209.0062. ALTERNATIVE PAYMENT SCHEDULE FOR CERTAIN ASSESSMENTS.

  25. Tex. Property Code Sec. 209.0063. PRIORITY OF PAYMENTS.

  26. Tex. Property Code Sec. 209.0064. THIRD PARTY COLLECTIONS.

  27. Tex. Property Code Sec. 209.0065. CREDIT REPORTING SERVICES.

  28. Tex. Property Code Sec. 209.007. HEARING BEFORE BOARD; ALTERNATIVE DISPUTE RESOLUTION.

  29. Tex. Property Code Sec. 209.008. ATTORNEY'S FEES.

  30. Tex. Property Code Sec. 209.009. FORECLOSURE SALE PROHIBITED IN CERTAIN CIRCUMSTANCES. A property owners' association may not foreclose a property owners' association's assessment lien if the debt securing the lien consists solely of:

  31. Tex. Property Code Sec. 209.0091. PREREQUISITES TO FORECLOSURE: NOTICE AND OPPORTUNITY TO CURE FOR CERTAIN OTHER LIENHOLDERS.

  32. Tex. Property Code Sec. 209.0092. JUDICIAL FORECLOSURE REQUIRED.

  33. Tex. Property Code Sec. 209.0093. REMOVAL OR ADOPTION OF FORECLOSURE AUTHORITY. A provision granting a right to foreclose a lien on real property for unpaid amounts due to a property owners' association may be removed from a dedicatory instrument or adopted in a dedicatory instrument by a vote of at least 67 percent of the total votes allocated to property owners in the property owners' association. Owners holding at least 10 percent of all voting interests in the property owners' association may petition the association and require a special meeting to be called for the purposes of taking a vote for the purposes of this section.

  34. Tex. Property Code Sec. 209.0094. ASSESSMENT LIEN FILING.

  35. Tex. Property Code Sec. 209.010. NOTICE AFTER FORECLOSURE SALE.

  36. Tex. Property Code Sec. 209.011. RIGHT OF REDEMPTION AFTER FORECLOSURE.

  37. Tex. Property Code Sec. 209.012. RESTRICTIVE COVENANTS GRANTING EASEMENTS TO CERTAIN PROPERTY OWNERS' ASSOCIATIONS.

  38. Tex. Property Code Sec. 209.013. AUTHORITY OF ASSOCIATION TO AMEND DEDICATORY INSTRUMENT.

  39. Tex. Property Code Sec. 209.014. MANDATORY ELECTION REQUIRED AFTER FAILURE TO CALL REGULAR MEETING.

  40. Tex. Property Code Sec. 209.015. REGULATION OF LAND USE: RESIDENTIAL PURPOSE.

  41. Tex. Property Code Sec. 209.016. REGULATION OF RESIDENTIAL LEASES OR RENTAL AGREEMENTS.

  42. Tex. Property Code Sec. 209.017. JUSTICE COURT JURISDICTION. An owner of property in a subdivision may bring an action for a violation of this chapter against the property owners' association of the subdivision in the justice court of a precinct in which all or part of the subdivision is located.

Chapter 210

  1. Tex. Property Code Sec. 210.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 210.002. APPLICABILITY OF CHAPTER. This chapter applies to a residential real estate subdivision that is located in a county with a population of:

  3. Tex. Property Code Sec. 210.003. FINDINGS AND PURPOSE.

  4. Tex. Property Code Sec. 210.004. EXTENSION OR MODIFICATION OF RESTRICTIONS.

  5. Tex. Property Code Sec. 210.005. PETITION PROCEDURE.

  6. Tex. Property Code Sec. 210.006. VOTE ON PROPOSAL.

  7. Tex. Property Code Sec. 210.007. SUBDIVISION CONSISTING OF MULTIPLE SECTIONS. If a subdivision consisting of multiple sections, each with its own restrictions, is represented by a single property owners' association, a proposal or specific provision of a proposal is adopted if owners of at least 66 percent of the total number of properties in the subdivision vote in favor of the proposal or provision.

  8. Tex. Property Code Sec. 210.008. RESOLUTION CERTIFYING RESULTS OF VOTE.

  9. Tex. Property Code Sec. 210.009. ADDITIONAL PROCEDURES. The procedures provided by this chapter are in addition to any procedures provided in a subdivision's restrictions for the extension or modification of existing restrictions. The property owners' association or petition committee may propose the extension or modification of restrictions either in accordance with the procedures provided by the subdivision's restrictions or the procedures provided by this chapter.

Chapter 211

  1. Tex. Property Code Sec. 211.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 211.002. APPLICABILITY OF CHAPTER.

  3. Tex. Property Code Sec. 211.003. FINDINGS AND PURPOSE.

  4. Tex. Property Code Sec. 211.004. CREATION OR MODIFICATION OF PROCEDURE TO AMEND RESTRICTIONS.

  5. Tex. Property Code Sec. 211.005. EFFECT OF ADOPTING AMENDMENT PROCEDURE. After the effective date of the adoption of the amendment procedure under this chapter, any proposed amendment to the restrictions described by Section 211.002(b) applicable to the subdivision or unit or parcel of the subdivision, as applicable, must be submitted for approval to the owners under the amendment procedure.

Chapter 212

  1. Tex. Property Code Sec. 212.001. DEFINITIONS. In this chapter, "lienholder," "owner," "restrictions," and "residential real estate subdivision" or "subdivision" have the meanings assigned by Section 201.003.

  2. Tex. Property Code Sec. 212.002. APPLICABILITY OF CHAPTER. This chapter applies only to a residential real estate subdivision that:

  3. Tex. Property Code Sec. 212.003. PROCEDURE FOR SUCCESSIVE EXTENSIONS.

  4. Tex. Property Code Sec. 212.004. EFFECT OF OWNER SIGNATURE.

  5. Tex. Property Code Sec. 212.005. PROPERTY OWNERS' ASSOCIATION NOT REQUIRED. Restrictions may be extended under this chapter without the creation of or action by a property owners' association, homeowners association, community association, civic club, or similar organization.

  6. Tex. Property Code Sec. 212.006. EFFECTIVE DATE OF EXTENSION; LENGTH OF EXTENSION PERIOD.

  7. Tex. Property Code Sec. 212.007. TERMINATION OF RESTRICTIONS.

  8. Tex. Property Code Sec. 212.008. APPLICABILITY OF EXTENDED RESTRICTIONS.

  9. Tex. Property Code Sec. 212.009. UNCONSTITUTIONAL RESTRICTIONS NOT EXTENDED. If a provision in restrictions extended under this chapter is void and unenforceable under the United States Constitution, the restrictions are considered as if the void and unenforceable provision was never contained in the restrictions.

  10. Tex. Property Code Sec. 212.010. USE OF ORIGINAL EXTENSION PROCEDURE; PROCEDURES CUMULATIVE.

  11. Tex. Property Code Sec. 212.011. CONSTRUCTION OF CHAPTER AND EXTENDED RESTRICTIONS.

Chapter 214

  1. Tex. Property Code Sec. 214.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 214.002. APPLICABILITY OF CHAPTER.

  3. Tex. Property Code Sec. 214.003. AMENDMENT OF DEDICATORY INSTRUMENT.

Chapter 215

  1. Tex. Property Code Sec. 215.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 215.002. APPLICABILITY OF CHAPTER.

  3. Tex. Property Code Sec. 215.003. APPLICABILITY OF CHAPTER 209. Chapter 209 does not apply to a property owners' association subject to this chapter.

  4. Tex. Property Code Sec. 215.004. CONFLICTS OF LAW. Notwithstanding any other provision of law, the provisions of this chapter prevail over a conflicting or inconsistent provision of law relating to independent property owners' associations.

  5. Tex. Property Code Sec. 215.005. BOARD POWERS. In addition to any other powers provided by applicable law and this chapter, and unless otherwise provided by the dedicatory instruments of the property owners' association, the association, acting through its board of directors, may:

  6. Tex. Property Code Sec. 215.006. ANNUAL MEETING OF ASSOCIATION MEMBERS; NOTICE OF ANNUAL OR SPECIAL MEETING.

  7. Tex. Property Code Sec. 215.007. BOARD MEETINGS.

  8. Tex. Property Code Sec. 215.008. VOTING.

  9. Tex. Property Code Sec. 215.009. RESTRICTIVE COVENANTS.

  10. Tex. Property Code Sec. 215.010. ATTORNEY'S FEES IN BREACH OF RESTRICTIVE COVENANT ACTION. In an action based on breach of a restrictive covenant, the prevailing party is entitled to reasonable attorney's fees, costs, and actual damages.

  11. Tex. Property Code Sec. 215.011. COMMON AREAS. A property owners' association may adopt reasonable rules regulating common areas.

  12. Tex. Property Code Sec. 215.012. RESALE CERTIFICATES. A property owners' association shall provide resale certificates only for residential properties and in the manner provided by Section 207.003.

  13. Tex. Property Code Sec. 215.013. MANAGEMENT CERTIFICATE.

  14. Tex. Property Code Sec. 215.0135. ASSOCIATION RECORDS.

  15. Tex. Property Code Sec. 215.014. PRIORITY OF PAYMENTS. Unless otherwise provided in writing by the property owner at the time payment is made, a payment received by a property owners' association from the owner shall be applied to the owner's debt in the following order of priority:

  16. Tex. Property Code Sec. 215.015. FORECLOSURE. A property owners' association may not foreclose an association assessment lien unless the association first obtains a court order of sale.

  17. Tex. Property Code Sec. 215.016. NOTICE REQUIRED BEFORE CERTAIN ENFORCEMENT ACTIONS.

  18. Tex. Property Code Sec. 215.017. HEARING BEFORE BOARD.

  19. Tex. Property Code Sec. 215.018. ALTERNATIVE PAYMENT SCHEDULE FOR CERTAIN ASSESSMENTS.

Chapter 216

  1. Tex. Property Code Sec. 216.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 216.002. FINDINGS AND PURPOSE.

  3. Tex. Property Code Sec. 216.003. APPLICABILITY OF CHAPTER.

  4. Tex. Property Code Sec. 216.004. AMENDMENT OF RESTRICTIONS.

  5. Tex. Property Code Sec. 216.005. PROPERTY OWNERS' ASSOCIATION ACTION NOT REQUIRED. Except as provided by Section 216.008, restrictions may be extended or amended under this chapter without action by the property owners' association.

  6. Tex. Property Code Sec. 216.006. EXTENSION OF RESTRICTIONS.

  7. Tex. Property Code Sec. 216.007. CONSENT REQUIRED FOR EXTENSION OR AMENDMENT OF RESTRICTIONS.

  8. Tex. Property Code Sec. 216.008. PETITION OR BALLOTS.

  9. Tex. Property Code Sec. 216.009. EFFECT OF OWNER'S SIGNATURE.

  10. Tex. Property Code Sec. 216.010. EFFECTIVE DATE OF EXTENSION OR AMENDMENT. An extension or amendment of a restriction under this chapter takes effect on the date the extension or amendment and the petition or ballots that reflect the written consent of the required number of owners in the subdivision for the adoption of the extension or amendment are filed and recorded in the real property records of the county in which the subdivision is located.

  11. Tex. Property Code Sec. 216.011. APPLICABILITY OF EXTENSION OR AMENDMENT.

  12. Tex. Property Code Sec. 216.012. UNCONSTITUTIONAL RESTRICTIONS NOT EXTENDED. If a provision in restrictions extended under this chapter is void and unenforceable under the United States Constitution or Section 5.026, the restrictions are considered as if the void and unenforceable provision was never contained in the restrictions.

  13. Tex. Property Code Sec. 216.013. PROCEDURES CUMULATIVE. The procedure provided by this chapter for the extension or amendment of restrictions is cumulative of and not in lieu of any other method by which restrictions of a subdivision to which this chapter applies may be extended or amended.

  14. Tex. Property Code Sec. 216.014. CONSTRUCTION OF CHAPTER AND RESTRICTIONS.

Chapter 221

  1. Tex. Property Code Sec. 221.001. SHORT TITLE. This chapter shall be known and may be cited as the Texas Timeshare Act.

  2. Tex. Property Code Sec. 221.002. DEFINITIONS. As used in this chapter:

  3. Tex. Property Code Sec. 221.003. APPLICABILITY.

  4. Tex. Property Code Sec. 221.004. CONFLICTS OF LAW.

  5. Tex. Property Code Sec. 221.011. DECLARATION.

  6. Tex. Property Code Sec. 221.012. CONVEYANCE AND ENCUMBRANCE. Once the property is established as a timeshare plan, each timeshare interest may be individually conveyed or encumbered and shall be entirely independent of all other timeshare interests in the same timeshare property. Any title or interest in a timeshare interest may be recorded.

  7. Tex. Property Code Sec. 221.013. COMMON OWNERSHIP.

  8. Tex. Property Code Sec. 221.014. PARTITION. An action for partition of a timeshare interest may not be maintained during the term of a timeshare plan.

  9. Tex. Property Code Sec. 221.021. REGISTRATION REQUIRED.

  10. Tex. Property Code Sec. 221.022. APPLICATION FOR REGISTRATION.

  11. Tex. Property Code Sec. 221.023. AMENDMENT OF REGISTRATION. The developer shall file amendments to the registration reporting to the commission any materially adverse change in any document contained in the registration not later than the 30th day after the date the developer knows or reasonably should know of the change. The developer may continue to offer and dispose of timeshare interests under the existing registration pending review of the amendments by the commission if the materially adverse change is disclosed to prospective purchasers.

  12. Tex. Property Code Sec. 221.024. POWERS OF COMMISSION.

  13. Tex. Property Code Sec. 221.0245. COMPLAINT INVESTIGATION. If the commission determines at any time that an allegation made or formal complaint submitted by a person is inappropriate or without merit, the commission shall dismiss the complaint and no further action may be taken. The commission may delegate to commission staff the duty to dismiss complaints under this section.

  14. Tex. Property Code Sec. 221.025. EFFECT OF REGISTRATION ON OTHER LAWS: EXEMPTION FROM CERTAIN LAWS.

  15. Tex. Property Code Sec. 221.026. ISSUANCE AND RENEWAL OF REGISTRATION.

  16. Tex. Property Code Sec. 221.027. TEMPORARY SUSPENSION.

  17. Tex. Property Code Sec. 221.028. DENIAL OF REGISTRATION RENEWAL.

  18. Tex. Property Code Sec. 221.031. ADVERTISEMENTS AND PROMOTIONS.

  19. Tex. Property Code Sec. 221.032. TIMESHARE DISCLOSURE STATEMENT.

  20. Tex. Property Code Sec. 221.033. EXCHANGE DISCLOSURE STATEMENT.

  21. Tex. Property Code Sec. 221.034. EXEMPT OFFERINGS AND DISPOSITIONS; COMMUNICATIONS.

  22. Tex. Property Code Sec. 221.035. SUPERVISORY DUTIES OF DEVELOPER. Notwithstanding obligations placed upon any other persons by this chapter, the developer shall supervise, manage, and control all aspects of the offering of a timeshare interest, including but not limited to promotion, advertising, contracting, and closing. Any violation of this chapter which occurs during such offering activities is considered to be a violation by the developer as well as by the person actually committing the violation.

  23. Tex. Property Code Sec. 221.036. DEVELOPER PREPARATION AND COMPLETION OF DOCUMENTS.

  24. Tex. Property Code Sec. 221.037. ALTERNATIVE TERMINOLOGY OR NAME.

  25. Tex. Property Code Sec. 221.041. PURCHASER'S RIGHT TO CANCEL.

  26. Tex. Property Code Sec. 221.042. NOTICE; REFUND.

  27. Tex. Property Code Sec. 221.043. CONTRACT REQUIREMENTS.

  28. Tex. Property Code Sec. 221.051. OPERATION REQUIREMENT. An exchange company shall employ seasonal demand and unit occupancy restrictions in the operation of its exchange program.

  29. Tex. Property Code Sec. 221.052. LIABILITY OF DEVELOPER AND EXCHANGE COMPANY.

  30. Tex. Property Code Sec. 221.053. EXCHANGE COMPANY LIABILITY. Except for written information or audio-visual materials provided to a developer by an exchange company, an exchange company does not incur liability as a result of:

  31. Tex. Property Code Sec. 221.061. ESCROW OR TRUST ACCOUNT REQUIRED.

  32. Tex. Property Code Sec. 221.062. RELEASE OF ESCROW.

  33. Tex. Property Code Sec. 221.063. ALTERNATIVE TO ESCROW OR TRUST ACCOUNT: FINANCIAL ASSURANCE.

  34. Tex. Property Code Sec. 221.064. DOCUMENTATION REQUIRED. The escrow or trust account agent or developer shall make documents related to the escrow or trust account or the financial assurance provided available to the commission at the commission's request.

  35. Tex. Property Code Sec. 221.071. DECEPTIVE TRADE PRACTICES.

  36. Tex. Property Code Sec. 221.072. INSURANCE. Before the disposition of any timeshare interest, the developer or managing entity shall maintain the following insurance with respect to the timeshare property:

  37. Tex. Property Code Sec. 221.073. PENALTY.

  38. Tex. Property Code Sec. 221.074. ANNUAL TIMESHARE FEE AND EXPENSE STATEMENT.

  39. Tex. Property Code Sec. 221.075. CIVIL PENALTY FOR LATE STATEMENT; INJUNCTION.

  40. Tex. Property Code Sec. 221.076. MANAGING ENTITIES THAT MANAGE MORE THAN ONE TIMESHARE PROPERTY.

  41. Tex. Property Code Sec. 221.077. AVAILABILITY OF BOOKS AND RECORDS; RECORDS RETENTION.

  42. Tex. Property Code Sec. 221.081. APPLICABILITY.

  43. Tex. Property Code Sec. 221.082. POWERS AND LIMITATIONS OF BOARD.

  44. Tex. Property Code Sec. 221.083. PERIOD OF DEVELOPER CONTROL.

  45. Tex. Property Code Sec. 221.084. ELECTION OF INITIAL BOARD MEMBERS AND OFFICERS.

  46. Tex. Property Code Sec. 221.085. REMOVAL OF BOARD MEMBERS. Notwithstanding any provision of a project instrument to the contrary, the owners, by a vote of at least two-thirds of the voting rights of persons entitled to vote and voting in person or by proxy at any meeting of the owners, may remove a member of the board, with or without cause, other than a member appointed by the developer during the period of developer control under Section 221.083, provided that the developer remains in control of the association.

  47. Tex. Property Code Sec. 221.086. QUORUM.

  48. Tex. Property Code Sec. 221.087. VOTES.

  49. Tex. Property Code Sec. 221.088. OPEN MEETINGS; EXCEPTIONS.

  50. Tex. Property Code Sec. 221.089. NOTICE.

  51. Tex. Property Code Sec. 221.090. DUTIES; LIST OF OWNERS.

  52. Tex. Property Code Sec. 221.101. TRANSFER OR TERMINATION OF TIMESHARE INTEREST. In this subchapter:

  53. Tex. Property Code Sec. 221.102. APPLICABILITY.

  54. Tex. Property Code Sec. 221.103. GENERAL DISCLOSURES REQUIRED. A person subject to this subchapter who enters into an agreement with a timeshare interest owner to facilitate the transfer or termination of a timeshare interest shall provide to the timeshare interest owner, before the third day before the date the timeshare interest owner enters into the agreement the following written disclosures, as applicable:

  55. Tex. Property Code Sec. 221.104. DISCLOSURE OF AUTHORIZED USE OF TIMESHARE INTEREST.

  56. Tex. Property Code Sec. 221.105. DISCLOSURES RELATING TO PAYMENT OF FEES FOR TRANSFER SERVICES. A person subject to this subchapter who enters into an agreement with a timeshare interest owner to facilitate the transfer of the timeshare interest must conspicuously disclose in writing to the timeshare interest owner that the timeshare interest owner is not required to pay any consideration or reimbursement under the agreement until the timeshare interest owner receives:

  57. Tex. Property Code Sec. 221.106. REQUIRED NOTICE FOR TRANSFER SERVICES. A person subject to this subchapter who enters into an agreement with a timeshare interest owner to facilitate the transfer of the timeshare interest must provide to the timeshare interest owner a statement printed in 14-point boldface type or 14-point uppercase typewritten letters that reads substantially similar to the following:

  58. Tex. Property Code Sec. 221.107. REQUIRED NOTICE FOR TERMINATION SERVICES. A person subject to this subchapter who enters into an agreement with a timeshare interest owner to facilitate the termination of the timeshare interest must provide to the timeshare interest owner a statement printed in 14-point boldface type or 14-point uppercase typewritten letters that reads substantially similar to the following:

  59. Tex. Property Code Sec. 221.108. RELIANCE. In making disclosures required by this subchapter, a person facilitating the transfer or termination of a timeshare interest may rely on written information provided by the timeshare interest owner, the developer, the association, or the managing entity.

  60. Tex. Property Code Sec. 221.109. DUTY OF GOOD FAITH REGARDING TRANSFER OR TERMINATION SERVICES. A person facilitating the transfer or termination of a timeshare interest must act in good faith to accomplish the transfer or termination not later than the 180th day after the date the person enters into an agreement with the timeshare interest owner.

  61. Tex. Property Code Sec. 221.110. DECEPTIVE TRADE PRACTICES. A person subject to this subchapter commits a false, misleading, or deceptive act or practice within the meaning of Sections 17.46(a) and (b), Business & Commerce Code, by engaging in any of the following acts:

  62. Tex. Property Code Sec. 221.111. SUPERVISORY DUTIES.

Chapter 222

  1. Tex. Property Code Sec. 222.001. SHORT TITLE. This chapter may be cited as the Texas Membership Camping Resort Act.

  2. Tex. Property Code Sec. 222.002. APPLICATION OF CHAPTER.

  3. Tex. Property Code Sec. 222.003. DEFINITIONS. In this chapter:

  4. Tex. Property Code Sec. 222.004. REGISTRATION; ADMINISTRATION.

  5. Tex. Property Code Sec. 222.005. REGISTRATION OF SELLERS AND MEMBERSHIP CAMPING CONTRACT BROKERS.

  6. Tex. Property Code Sec. 222.006. DISCLOSURE STATEMENTS.

  7. Tex. Property Code Sec. 222.007. CONTRACT.

  8. Tex. Property Code Sec. 222.008. PURCHASER'S RIGHT TO CANCEL.

  9. Tex. Property Code Sec. 222.009. RECIPROCAL PROGRAM. An operator does not incur any liability arising out of use, delivery, or publication by the operator to the purchaser of written information or audio-visual materials provided to it by the reciprocal company pursuant to Section 222.006; provided, however, that an operator is subject to liability arising out of the use, delivery, or publication to the purchaser of materials provided by the reciprocal company if the operator knows that the materials are inaccurate or false.

  10. Tex. Property Code Sec. 222.010. FEES.

  11. Tex. Property Code Sec. 222.011. VIOLATIONS.

  12. Tex. Property Code Sec. 222.012. INSURANCE. Before the disposition of any membership interest or membership right in a membership camping resort, the operator shall maintain the following insurance with respect to the membership camping resort:

  13. Tex. Property Code Sec. 222.013. EXEMPT FROM SECURITIES ACT. The filing of a registration under this chapter exempts the sale of a membership interest or membership right in a membership camping resort subject to this chapter from registration under The Securities Act (Title 12, Government Code).

Chapter 223

  1. Tex. Property Code Sec. 223.001. DEFINITIONS. In this chapter:

  2. Tex. Property Code Sec. 223.002. APPLICABILITY. This chapter does not apply to a timeshare plan, as defined by Section 221.002.

  3. Tex. Property Code Sec. 223.003. AGREEMENTS AND RULES.

  4. Tex. Property Code Sec. 223.004. DISCRIMINATION PROHIBITED. A managing entity may not take an action with respect to an interest in the entity in a manner that would be a violation of Chapter 301 if the interest in the entity were an interest in real property, including:

  5. Tex. Property Code Sec. 223.005. TRANSFER OF INTEREST. Notwithstanding any provision in an agreement between the owner and a managing entity, an owner of an interest in a managing entity may transfer the interest without approval from the managing entity.

  6. Tex. Property Code Sec. 223.006. CERTAIN CHARGES PROHIBITED. A managing entity may not charge a fee for or share in the proceeds of the transfer of an interest in the managing entity from an owner to a subsequent purchaser.

  7. Tex. Property Code Sec. 223.007. ENFORCEMENT.

Chapter 240

  1. Tex. Property Code Sec. 240.001. SHORT TITLE. This chapter may be cited as the Texas Uniform Disclaimer of Property Interests Act.

  2. Tex. Property Code Sec. 240.002. DEFINITIONS. In this chapter:

  3. Tex. Property Code Sec. 240.003. APPLICABILITY OF CHAPTER. This chapter applies to disclaimers of any interest in or power over property, whenever created.

  4. Tex. Property Code Sec. 240.004. CHAPTER SUPPLEMENTED BY OTHER LAW.

  5. Tex. Property Code Sec. 240.005. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law, with respect to the subject matter of this chapter, among states that enact a law based on the uniform act on which this chapter is based.

  6. Tex. Property Code Sec. 240.006. POWER TO DISCLAIM BY PERSON OTHER THAN FIDUCIARY.

  7. Tex. Property Code Sec. 240.007. POWER TO DISCLAIM POWER HELD IN FIDUCIARY CAPACITY BY PERSON DESIGNATED TO SERVE AS OR SERVING AS FIDUCIARY.

  8. Tex. Property Code Sec. 240.008. POWER TO DISCLAIM BY FIDUCIARY ACTING IN FIDUCIARY CAPACITY.

  9. Tex. Property Code Sec. 240.0081. NOTICE REQUIRED BY TRUSTEE DISCLAIMING CERTAIN INTERESTS IN PROPERTY; EFFECT OF NOTICE.

  10. Tex. Property Code Sec. 240.009. POWER TO DISCLAIM; GENERAL REQUIREMENTS; WHEN IRREVOCABLE.

  11. Tex. Property Code Sec. 240.0501. DEFINITION. In this subchapter, "future interest" means an interest that:

  12. Tex. Property Code Sec. 240.051. DISCLAIMER OF INTEREST IN PROPERTY.

  13. Tex. Property Code Sec. 240.0511. DISPOSITION OF INTEREST PASSING BECAUSE OF DECEDENT'S DEATH AND DISCLAIMED BY INDIVIDUAL.

  14. Tex. Property Code Sec. 240.0512. DISPOSITION OF INTEREST PASSING BECAUSE OF EVENT OTHER THAN DECEDENT'S DEATH AND DISCLAIMED BY INDIVIDUAL.

  15. Tex. Property Code Sec. 240.052. DISCLAIMER OF RIGHTS IN SURVIVORSHIP PROPERTY.

  16. Tex. Property Code Sec. 240.053. DISCLAIMER OF INTEREST BY TRUSTEE.

  17. Tex. Property Code Sec. 240.054. DISCLAIMER OF POWER OF APPOINTMENT OR OTHER POWER NOT HELD IN FIDUCIARY CAPACITY.

  18. Tex. Property Code Sec. 240.055. DISCLAIMER BY APPOINTEE OF, OR OBJECT OR TAKER IN DEFAULT OF EXERCISE OF, POWER OF APPOINTMENT.

  19. Tex. Property Code Sec. 240.056. DISCLAIMER OF POWER HELD IN FIDUCIARY CAPACITY.

  20. Tex. Property Code Sec. 240.057. TAX QUALIFIED DISCLAIMER.

  21. Tex. Property Code Sec. 240.058. PARTIAL DISCLAIMER BY SPOUSE. A disclaimer by a decedent's surviving spouse of an interest in property transferred as the result of the death of the decedent is not a disclaimer by the surviving spouse of any other transfer from the decedent to or for the benefit of the surviving spouse, regardless of whether the interest that would have passed under the disclaimed transfer passes because of the disclaimer to or for the benefit of the surviving spouse by the other transfer.

  22. Tex. Property Code Sec. 240.101. DELIVERY OR FILING GENERALLY.

  23. Tex. Property Code Sec. 240.102. DISCLAIMER OF INTEREST CREATED UNDER INTESTATE SUCCESSION OR WILL. In the case of an interest created under the law of intestate succession or an interest created by will, other than an interest in a testamentary trust:

  24. Tex. Property Code Sec. 240.103. DISCLAIMER OF INTEREST IN TESTAMENTARY TRUST. In the case of an interest in a testamentary trust:

  25. Tex. Property Code Sec. 240.104. DISCLAIMER OF INTEREST IN INTER VIVOS TRUST. In the case of an interest in an inter vivos trust:

  26. Tex. Property Code Sec. 240.105. DISCLAIMER OF INTEREST CREATED BY BENEFICIARY DESIGNATION.

  27. Tex. Property Code Sec. 240.106. DISCLAIMER BY SURVIVING HOLDER OF SURVIVORSHIP PROPERTY. In the case of a disclaimer by a surviving holder of survivorship property, the disclaimer must be delivered to the person to whom the disclaimed interest passes.

  28. Tex. Property Code Sec. 240.107. DISCLAIMER BY OBJECT OR TAKER IN DEFAULT OF EXERCISE OF POWER OF APPOINTMENT. In the case of a disclaimer by an object or taker in default of an exercise of a power of appointment at any time after the power was created:

  29. Tex. Property Code Sec. 240.108. DISCLAIMER BY CERTAIN APPOINTEES. In the case of a disclaimer by an appointee of a nonfiduciary power of appointment:

  30. Tex. Property Code Sec. 240.109. DISCLAIMER BY CERTAIN FIDUCIARIES. In the case of a disclaimer by a fiduciary of a power over a trust or estate, the disclaimer must be delivered as provided by Section 240.102, 240.103, or 240.104 as if the power disclaimed were an interest in property.

  31. Tex. Property Code Sec. 240.110. DISCLAIMER OF POWER BY AGENT. In the case of a disclaimer of a power by an agent, the disclaimer must be delivered to the principal or the principal's representative.

  32. Tex. Property Code Sec. 240.111. RECORDING OF DISCLAIMER. If an instrument transferring an interest in or power over property subject to a disclaimer is required or authorized by law to be filed, recorded, or registered, the disclaimer may be filed, recorded, or registered as that instrument. Except as otherwise provided by Section 240.105(c)(2), failure to file, record, or register the disclaimer does not affect the disclaimer's validity between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer.

  33. Tex. Property Code Sec. 240.151. WHEN DISCLAIMER BARRED OR LIMITED.

Special District

Chapter 1

  1. Tex. Special District Local Laws Code Sec. 1.001. PURPOSE OF CODE.

  2. Tex. Special District Local Laws Code Sec. 1.002. CONSTRUCTION OF CODE. Chapter 311, Government Code (Code Construction Act), applies to the construction of each provision in this code except as otherwise expressly provided by this code.

  3. Tex. Special District Local Laws Code Sec. 1.003. REFERENCE IN LAW TO STATUTE REVISED BY CODE. A reference in a law to a statute or a part of a statute revised by this code is considered to be a reference to the part of this code that revises that statute or part of that statute.

  4. Tex. Special District Local Laws Code Sec. 1.004. LIMITATION ON EXERCISE OF EMINENT DOMAIN POWER. An entity governed by Title 6 and authorized by law to exercise the power of eminent domain may only exercise the power for a public use in accordance with Section 17, Article I, Texas Constitution.

  5. Tex. Special District Local Laws Code Sec. 1.005. EFFECT OF NONSUBSTANTIVE REVISION ON CERTAIN EMINENT DOMAIN AUTHORITY. The revision by Chapter 112 (S.B. 1026), Acts of the 83rd Legislature, Regular Session, 2013, effective April 1, 2015, of a law regarding eminent domain authority, or any other nonsubstantive revision in this code of a law regarding eminent domain authority, does not affect any expiration of an entity's eminent domain authority that may have occurred under Section 2206.101, Government Code, on September 1, 2013.

Chapter 21

  1. Tex. Special District Local Laws Code Sec. 21.001. DEFINITIONS. In this Act:

  2. Tex. Special District Local Laws Code Sec. 21.002. NATURE OF DISTRICT. The district is a conservation and reclamation district created under Section 59, Article XVI, Texas Constitution.

  3. Tex. Special District Local Laws Code Sec. 21.003. PURPOSE. The purpose of this chapter is to establish an instrumentality to develop and carry out a regional water quality protection program through solid waste management and regulation of waste disposal for Rains, Upshur, and Wood Counties and for the portion of Smith County that is north of Interstate Highway 20.

  4. Tex. Special District Local Laws Code Sec. 21.004. FINDINGS AND DECLARATION OF POLICY.

  5. Tex. Special District Local Laws Code Sec. 21.005. STATE POLICY REGARDING WASTE DISPOSAL. The district's powers and duties are subject to the state policy of encouraging the development and use of integrated area-wide waste collection, treatment, and disposal systems to serve the waste disposal needs of this state's residents, if integrated systems can reasonably be provided for an area, so as to avoid the economic burden on residents and the impact on state water quality caused by the construction and operation of numerous small waste collection, treatment, and disposal facilities.

  6. Tex. Special District Local Laws Code Sec. 21.051. DISTRICT TERRITORY. Unless the district territory has been modified under this subchapter, Subchapter J, Chapter 49, Water Code, or other law, the district's territory consists of Rains, Upshur, and Wood Counties and the portion of Smith County north of Interstate Highway 20.

  7. Tex. Special District Local Laws Code Sec. 21.052. ANNEXATION OF COUNTY; PETITION.

  8. Tex. Special District Local Laws Code Sec. 21.053. ANNEXATION PETITION HEARING; NOTICE.

  9. Tex. Special District Local Laws Code Sec. 21.054. EXCLUSION OF COUNTY.

  10. Tex. Special District Local Laws Code Sec. 21.055. ELECTION ON ANNEXATION OR EXCLUSION OF COUNTY.

  11. Tex. Special District Local Laws Code Sec. 21.056. CONTINUED BOND OBLIGATION FOR EXCLUDED COUNTY. The exclusion of a county under Section 21.054(c) does not relieve the district of its obligation to perform and observe the covenants and obligations or the conditions prescribed by the order or resolution authorizing the issuance of the district's bonds.

  12. Tex. Special District Local Laws Code Sec. 21.101. GOVERNING BODY; COMPOSITION.

  13. Tex. Special District Local Laws Code Sec. 21.102. APPOINTMENT OF DIRECTORS FROM ANNEXED COUNTY.

  14. Tex. Special District Local Laws Code Sec. 21.103. TERM. Except as provided by Section 21.102(b), a director serves a term of four years.

  15. Tex. Special District Local Laws Code Sec. 21.104. ELIGIBILITY TO SERVE. To be eligible to be appointed as or to serve as a director, a person must be:

  16. Tex. Special District Local Laws Code Sec. 21.105. VACANCY. A vacancy on the board shall be filled in the same manner as the original appointment for the unexpired term.

  17. Tex. Special District Local Laws Code Sec. 21.106. DIRECTOR'S BOND. Each director must execute a $5,000 bond with a corporate surety authorized to do business in this state and conditioned on the faithful performance of the director's duties.

  18. Tex. Special District Local Laws Code Sec. 21.107. TERM OF OFFICERS. A person selected as an officer serves for a term of one year.

  19. Tex. Special District Local Laws Code Sec. 21.108. BYLAWS. The board shall adopt bylaws. The bylaws must prescribe the powers and duties of, and procedures for removal from, a board office.

  20. Tex. Special District Local Laws Code Sec. 21.109. BOARD MEETINGS. Except as otherwise provided by law, the board shall meet at least one time each quarter and may meet at any other time provided by its bylaws.

  21. Tex. Special District Local Laws Code Sec. 21.110. COMPENSATION.

  22. Tex. Special District Local Laws Code Sec. 21.111. CONFLICT OF INTEREST IN CONTRACT. A director who is financially interested in a contract to be executed by the district for the purchase of property or the construction of facilities shall disclose that fact to the other directors and may not vote on the acceptance of the contract.

  23. Tex. Special District Local Laws Code Sec. 21.151. PRINCIPAL OFFICE. The district shall maintain its principal office in the district.

  24. Tex. Special District Local Laws Code Sec. 21.152. GENERAL MANAGER.

  25. Tex. Special District Local Laws Code Sec. 21.153. EMPLOYEE AND GENERAL MANAGER FIDELITY BONDS.

  26. Tex. Special District Local Laws Code Sec. 21.154. ATTORNEY.

  27. Tex. Special District Local Laws Code Sec. 21.155. RECORDS; LIMIT ON DISCLOSURE.

  28. Tex. Special District Local Laws Code Sec. 21.201. ADMINISTRATION, ENFORCEMENT, AND ACCOMPLISHMENT OF CHAPTER.

  29. Tex. Special District Local Laws Code Sec. 21.202. CONSERVATION AND RECLAMATION DISTRICT POWERS. Except as expressly limited by this chapter, the district has all powers, rights, and privileges necessary and convenient for accomplishing the purposes of this chapter that are conferred by general law on a conservation and reclamation district created under Section 59, Article XVI, Texas Constitution, including the powers, rights, and privileges conferred by Subtitle B, Title 5, Health and Safety Code, on a local or regional government.

  30. Tex. Special District Local Laws Code Sec. 21.203. RULES; HEARINGS.

  31. Tex. Special District Local Laws Code Sec. 21.204. SCOPE OF DISTRICT'S REGULATORY POWER. The regulatory powers of the district under this chapter apply to each person in the district.

  32. Tex. Special District Local Laws Code Sec. 21.205. PLANS. The district may prepare and adopt plans for and may purchase, construct, acquire, own, operate, maintain, repair, improve, and extend inside and outside district boundaries any works, improvements, waste disposal, treatment, and other facilities, plants, pipelines, equipment, and appliances necessary to collect, transport, process, dispose of, and control domestic, industrial, and communal waterborne and solid waste in the district.

  33. Tex. Special District Local Laws Code Sec. 21.206. STUDIES AND RESEARCH. The district shall:

  34. Tex. Special District Local Laws Code Sec. 21.207. COOPERATIVE AGREEMENTS WITH OTHER POLITICAL SUBDIVISIONS. The district may enter into a cooperative agreement with a local government or other political subdivision to:

  35. Tex. Special District Local Laws Code Sec. 21.208. GIFTS, GRANTS, AND LOANS. The district may apply for, accept, receive, and administer gifts, grants, loans, and other money available from any source to carry out any purpose or power under this chapter.

  36. Tex. Special District Local Laws Code Sec. 21.209. ACQUISITION OF PROPERTY. The district may acquire by gift, grant, devise, purchase, lease, or the exercise of the power of eminent domain any land, easement, right-of-way, or other property interest necessary to carry out the powers and duties under this chapter.

  37. Tex. Special District Local Laws Code Sec. 21.210. EMINENT DOMAIN; COST OF RELOCATING PROPERTY.

  38. Tex. Special District Local Laws Code Sec. 21.211. ENTRY ON LAND.

  39. Tex. Special District Local Laws Code Sec. 21.212. ROAD RIGHT-OF-WAY. A governmental entity having jurisdiction over a right-of-way along and across a public state or county road or highway may:

  40. Tex. Special District Local Laws Code Sec. 21.213. CONSENT FOR CHANGE OR DAMAGE TO STATE PROPERTY. The district must obtain the written consent of the governmental entity having control and jurisdiction over state property, including a facility, before the district may proceed with an action to change or damage the property.

  41. Tex. Special District Local Laws Code Sec. 21.214. BIDS ON CONTRACTS FOR PURCHASE OF VEHICLES, EQUIPMENT, AND SUPPLIES OVER $15,000; EXCEPTION.

  42. Tex. Special District Local Laws Code Sec. 21.251. AUTHORITY TO ENTER INTO CONSTRUCTION, RENOVATION, AND REPAIR CONTRACTS. The district may contract with any person to construct, renovate, repair, or make improvements to any district works, improvements, waste disposal, treatment, or other facilities, plants, pipelines, equipment, and appliances.

  43. Tex. Special District Local Laws Code Sec. 21.252. BIDS ON CONTRACTS OVER $15,000. The district may enter into a contract under Section 21.251 that requires an expenditure of more than $15,000 only after competitive bidding as provided by Subchapter B, Chapter 271, Local Government Code.

  44. Tex. Special District Local Laws Code Sec. 21.253. CONTRACT SPECIFICATIONS, PLANS, AND DETAILS. A contract under Section 21.251 must contain, or have attached to it, the specifications, plans, and details for work included in the contract. The work shall be done according to the plans and specifications under the supervision of the district.

  45. Tex. Special District Local Laws Code Sec. 21.254. EXECUTION AND AVAILABILITY OF CONTRACTS.

  46. Tex. Special District Local Laws Code Sec. 21.255. CONTRACTOR'S BOND.

  47. Tex. Special District Local Laws Code Sec. 21.256. BOARD CONTROL AND DETERMINATION.

  48. Tex. Special District Local Laws Code Sec. 21.257. INSPECTION OF WORK.

  49. Tex. Special District Local Laws Code Sec. 21.258. PAYMENTS FOR WORK.

  50. Tex. Special District Local Laws Code Sec. 21.301. ACQUISITION OF EXISTING FACILITIES. If the district acquires existing works, improvements, and waste disposal, treatment, and other facilities, plants, pipelines, equipment, and appliances that are completed, partially completed, or under construction, the district may:

  51. Tex. Special District Local Laws Code Sec. 21.302. SOLID WASTE RECOVERY FACILITY. The district may construct or acquire and operate a facility used to store, handle, sort, bail, recycle, process, and recover solid waste.

  52. Tex. Special District Local Laws Code Sec. 21.303. STANDARDS FOR SOLID WASTE HANDLING.

  53. Tex. Special District Local Laws Code Sec. 21.304. MANAGEMENT OF MUNICIPAL SOLID WASTE.

  54. Tex. Special District Local Laws Code Sec. 21.305. ON-SITE SEWAGE DISPOSAL SYSTEMS.

  55. Tex. Special District Local Laws Code Sec. 21.306. ACQUISITION, CONSTRUCTION, AND OPERATION OF DISPOSAL SYSTEMS. The district may:

  56. Tex. Special District Local Laws Code Sec. 21.307. WASTE DISPOSAL CONTRACTS.

  57. Tex. Special District Local Laws Code Sec. 21.351. ACCOUNTING. The district shall keep complete and accurate accounts of its business transactions in accordance with generally accepted methods of accounting.

  58. Tex. Special District Local Laws Code Sec. 21.352. ANNUAL BUDGET.

  59. Tex. Special District Local Laws Code Sec. 21.353. SWORN STATEMENT REGARDING MONEY AND DISBURSEMENTS. As soon as practicable after the close of the fiscal year, the district treasurer shall prepare for the board a sworn statement of:

  60. Tex. Special District Local Laws Code Sec. 21.354. DEPOSITORY.

  61. Tex. Special District Local Laws Code Sec. 21.355. INVESTMENTS.

  62. Tex. Special District Local Laws Code Sec. 21.356. PAYMENT OF EXPENSES.

  63. Tex. Special District Local Laws Code Sec. 21.357. BORROWING MONEY. The district may borrow money for any purpose authorized by this chapter.

  64. Tex. Special District Local Laws Code Sec. 21.358. PAYMENT OF JUDGMENTS. A court of this state that renders a money judgment against the district may require the board to pay the judgment from money in the district depository that is not dedicated to the payment of any district debt.

  65. Tex. Special District Local Laws Code Sec. 21.401. AUTHORITY TO ISSUE BONDS. The board may issue and sell bonds in the district's name to acquire land and construct works, improvements, and waste disposal, treatment, and other facilities, plants, pipelines, equipment, and appliances as provided by this chapter.

  66. Tex. Special District Local Laws Code Sec. 21.402. BOND PAYMENT. The board may provide for the payment of the principal of and interest on the bonds:

  67. Tex. Special District Local Laws Code Sec. 21.403. BOND ELECTION.

  68. Tex. Special District Local Laws Code Sec. 21.404. MATURITY OF BONDS. District bonds may mature not more than 50 years after the date of issuance.

  69. Tex. Special District Local Laws Code Sec. 21.405. SIGNATURE. District bonds must be signed and executed as provided by the board in the resolution or order authorizing the bonds.

  70. Tex. Special District Local Laws Code Sec. 21.406. BOND PROVISIONS.

  71. Tex. Special District Local Laws Code Sec. 21.407. MANDAMUS BY BONDHOLDERS. A holder of a district bond is entitled, in addition to any other right or remedy provided by law, to a writ of mandamus requiring the district and its officials to observe and perform any covenant, condition, or obligation provided by the order or resolution authorizing issuance of the bond that the district fails to observe or perform, including:

  72. Tex. Special District Local Laws Code Sec. 21.408. REFUNDING BONDS.

  73. Tex. Special District Local Laws Code Sec. 21.409. TAX EXEMPTION. District bonds, transactions relating to the bonds, and profits made in the sale of the bonds are exempt from state taxation or taxation by a municipality, county, special district, or other political subdivision of the state.

  74. Tex. Special District Local Laws Code Sec. 21.451. AUTHORITY TO IMPOSE PROPERTY TAXES. The board annually may impose a tax on all property in the district subject to district taxation.

  75. Tex. Special District Local Laws Code Sec. 21.452. AMOUNT OF TAX.

  76. Tex. Special District Local Laws Code Sec. 21.453. TAX RATE. In setting the tax rate, the board shall take into consideration the income of the district from sources other than taxation.

  77. Tex. Special District Local Laws Code Sec. 21.454. TAX COLLECTOR. The board may:

Tax

Chapter 1

  1. Tex. Tax Code Sec. 1.01. SHORT TITLE. This title may be cited as the Property Tax Code.

  2. Tex. Tax Code Sec. 1.02. APPLICABILITY OF TITLE. This title applies to a taxing unit that is created by or pursuant to any general, special, or local law enacted before or after the enactment of this title unless a law enacted after enactment of this title by or pursuant to which the taxing unit is created expressly provides that this title does not apply. This title supersedes any provision of a municipal charter or ordinance relating to property taxation. Nothing in this title invalidates or restricts the right of voters to utilize municipal-level initiative and referendum to set a tax rate, level of spending, or limitation on tax increase for that municipality.

  3. Tex. Tax Code Sec. 1.03. CONSTRUCTION OF TITLE. The Code Construction Act (Chapter 311, Government Code) applies to the construction of each provision of this title except as otherwise expressly provided by this title.

  4. Tex. Tax Code Sec. 1.04. DEFINITIONS. In this title:

  5. Tex. Tax Code Sec. 1.045. REFERENCE TO CERTAIN TERMS IN LAW. Unless the context indicates otherwise:

  6. Tex. Tax Code Sec. 1.05. CITY FISCAL YEAR. The governing body of a home-rule city may establish by ordinance a fiscal year different from that fixed in its charter if a different fiscal year is desirable to adapt budgeting and other fiscal activities to the tax cycle required by this title.

  7. Tex. Tax Code Sec. 1.06. EFFECT OF WEEKEND, HOLIDAY, OR OFFICE CLOSURE. An act is timely if:

  8. Tex. Tax Code Sec. 1.07. DELIVERY OF NOTICE.

  9. Tex. Tax Code Sec. 1.071. DELIVERY OF REFUND.

  10. Tex. Tax Code Sec. 1.072. APPLICATION FOR TAX REFUND. A person may but is not required to apply for a refund of taxes due to the person under this title if the amount of the refund is at least $20.

  11. Tex. Tax Code Sec. 1.08. TIMELINESS OF ACTION BY MAIL OR COMMON OR CONTRACT CARRIER. When a property owner is required by this title to make a payment or to file or deliver a report, application, statement, or other document or paper by a specified due date, the property owner's action is timely if it is properly addressed with postage or handling charges prepaid and:

  12. Tex. Tax Code Sec. 1.085. ELECTRONIC DELIVERY OF COMMUNICATION.

  13. Tex. Tax Code Sec. 1.09. AVAILABILITY OF FORMS. When a property owner is required by this title to use a form, the office or agency with which the form is filed shall make printed and electronic versions of the forms readily and timely available and shall furnish a property owner a form without charge.

  14. Tex. Tax Code Sec. 1.10. ROLLS IN ELECTRONIC DATA-PROCESSING RECORDS. The appraisal roll for an appraisal district and the appraisal roll or the tax roll for the unit may be retained in electronic data-processing equipment. However, a physical document for each must be prepared and made readily available to the public.

  15. Tex. Tax Code Sec. 1.11. COMMUNICATIONS TO FIDUCIARY.

  16. Tex. Tax Code Sec. 1.111. REPRESENTATION OF PROPERTY OWNER.

  17. Tex. Tax Code Sec. 1.12. MEDIAN LEVEL OF APPRAISAL.

  18. Tex. Tax Code Sec. 1.15. APPRAISERS FOR TAXING UNITS PROHIBITED. A taxing unit may not employ any person for the purpose of appraising property for taxation purposes except to the extent necessary to perform a contract under Section 6.05(b) of this code.

Chapter 5

  1. Tex. Tax Code Sec. 5.01. PROPERTY TAX ADMINISTRATION ADVISORY BOARD.

  2. Tex. Tax Code Sec. 5.03. POWERS AND DUTIES GENERALLY.

  3. Tex. Tax Code Sec. 5.04. TRAINING AND EDUCATION OF APPRAISERS.

  4. Tex. Tax Code Sec. 5.041. TRAINING OF APPRAISAL REVIEW BOARD MEMBERS.

  5. Tex. Tax Code Sec. 5.042. REQUIRED TRAINING FOR CHIEF APPRAISERS.

  6. Tex. Tax Code Sec. 5.043. TRAINING OF ARBITRATORS.

  7. Tex. Tax Code Sec. 5.044. TRAINING OF APPRAISAL DISTRICT BOARD OF DIRECTORS MEMBERS IN POPULOUS COUNTIES.

  8. Tex. Tax Code Sec. 5.05. APPRAISAL MANUALS AND OTHER MATERIALS.

  9. Tex. Tax Code Sec. 5.06. TAXPAYER ASSISTANCE PAMPHLET. The comptroller shall prepare and electronically publish a pamphlet that:

  10. Tex. Tax Code Sec. 5.061. EXPLANATION OF INFORMATION RELATED TO HEIR PROPERTY. The comptroller shall prepare and electronically publish a pamphlet that provides information to assist heir property owners in applying for a residence homestead exemption authorized by Chapter 11. The pamphlet must include:

  11. Tex. Tax Code Sec. 5.07. PROPERTY TAX FORMS AND RECORDS SYSTEMS.

  12. Tex. Tax Code Sec. 5.08. PROFESSIONAL AND TECHNICAL ASSISTANCE.

  13. Tex. Tax Code Sec. 5.09. BIENNIAL REPORTS.

  14. Tex. Tax Code Sec. 5.091. STATEWIDE LIST OF TAX RATES.

  15. Tex. Tax Code Sec. 5.10. RATIO STUDIES.

  16. Tex. Tax Code Sec. 5.102. REVIEW OF APPRAISAL DISTRICTS.

  17. Tex. Tax Code Sec. 5.103. APPRAISAL REVIEW BOARD OVERSIGHT.

  18. Tex. Tax Code Sec. 5.104. APPRAISAL REVIEW BOARD SURVEY; REPORT.

  19. Tex. Tax Code Sec. 5.12. PERFORMANCE AUDIT OF APPRAISAL DISTRICT.

  20. Tex. Tax Code Sec. 5.13. ADMINISTRATION OF PERFORMANCE AUDITS.

  21. Tex. Tax Code Sec. 5.14. PUBLIC ACCESS, INFORMATION, AND COMPLAINTS.

  22. Tex. Tax Code Sec. 5.16. ADMINISTRATIVE PROVISIONS.

Chapter 6

  1. Tex. Tax Code Sec. 6.01. APPRAISAL DISTRICTS ESTABLISHED.

  2. Tex. Tax Code Sec. 6.02. DISTRICT BOUNDARIES.

  3. Tex. Tax Code Sec. 6.03. BOARD OF DIRECTORS IN LESS POPULOUS COUNTIES.

  4. Tex. Tax Code Sec. 6.0301. BOARD OF DIRECTORS IN POPULOUS COUNTIES.

  5. Tex. Tax Code Sec. 6.0302. ACKNOWLEDGEMENT OF DIRECTOR'S DUTIES.

  6. Tex. Tax Code Sec. 6.031. CHANGES IN BOARD MEMBERSHIP OR SELECTION.

  7. Tex. Tax Code Sec. 6.032. BALLOT PROCEDURES FOR ELECTED DIRECTORS; FILING FEE OR PETITION.

  8. Tex. Tax Code Sec. 6.033. RECALL OF APPOINTED DIRECTOR.

  9. Tex. Tax Code Sec. 6.034. OPTIONAL STAGGERED TERMS FOR BOARD OF DIRECTORS.

  10. Tex. Tax Code Sec. 6.035. RESTRICTIONS ON ELIGIBILITY AND CONDUCT OF BOARD MEMBERS AND CHIEF APPRAISERS AND THEIR RELATIVES.

  11. Tex. Tax Code Sec. 6.036. INTEREST IN CERTAIN CONTRACTS PROHIBITED.

  12. Tex. Tax Code Sec. 6.037. PARTICIPATION OF CONSERVATION AND RECLAMATION DISTRICTS IN APPRAISAL DISTRICT MATTERS. In this title, a reference to the taxing units entitled to vote on the appointment of appraisal district board members includes the conservation and reclamation districts participating in the appraisal district, without regard to whether the conservation and reclamation districts are currently entitled to do so under Section 6.03(c). In a provision of this title other than Section 6.03 or 6.031 that grants authority to a majority or other number of the taxing units entitled to vote on the appointment of appraisal district directors, including the disapproval of the appraisal district budget under Section 6.06 and the disapproval of appraisal district board actions under Section 6.10, the conservation and reclamation districts participating in the appraisal district are given the vote or authority of one taxing unit. That vote or authority is considered exercised only if a majority of the conservation and reclamation districts take the same action to exercise that vote or authority. Otherwise, the conservation and reclamation districts are treated in the same manner as a single taxing unit that is entitled to act but does not take any action on the matter.

  13. Tex. Tax Code Sec. 6.04. ORGANIZATION, MEETINGS, AND COMPENSATION.

  14. Tex. Tax Code Sec. 6.05. APPRAISAL OFFICE.

  15. Tex. Tax Code Sec. 6.0501. APPOINTMENT OF ELIGIBLE CHIEF APPRAISER BY COMPTROLLER.

  16. Tex. Tax Code Sec. 6.051. OWNERSHIP OR LEASE OF REAL PROPERTY.

  17. Tex. Tax Code Sec. 6.052. TAXPAYER LIAISON OFFICER.

  18. Tex. Tax Code Sec. 6.053. ASSISTANCE TO EMERGENCY MANAGEMENT AUTHORITIES. The chief appraiser shall, if requested by the emergency management authorities of a federal, state, or local government agency, provide information and assistance pertinent to disaster mitigation or recovery, including assisting in the estimation of damage from an actual or potential disaster event.

  19. Tex. Tax Code Sec. 6.054. RESTRICTION ON EMPLOYMENT BY APPRAISAL DISTRICT. An individual may not be employed by an appraisal district if the individual:

  20. Tex. Tax Code Sec. 6.06. APPRAISAL DISTRICT BUDGET AND FINANCING.

  21. Tex. Tax Code Sec. 6.061. CHANGES IN METHOD OF FINANCING.

  22. Tex. Tax Code Sec. 6.062. PUBLICATION OF BUDGET.

  23. Tex. Tax Code Sec. 6.063. FINANCIAL AUDIT.

  24. Tex. Tax Code Sec. 6.07. TAXING UNIT BOUNDARIES. If a new taxing unit is formed or an existing taxing unit's boundaries are altered, the unit shall notify the appraisal office of the new boundaries within 30 days after the date the unit is formed or its boundaries are altered.

  25. Tex. Tax Code Sec. 6.08. NOTICE OF OPTIONAL EXEMPTIONS. If a taxing unit adopts, amends, or repeals an exemption that the unit by law has the option to adopt or not, the taxing unit shall notify the appraisal office of its action and of the terms of the exemption within 30 days after the date of its action.

  26. Tex. Tax Code Sec. 6.09. DESIGNATION OF DISTRICT DEPOSITORY.

  27. Tex. Tax Code Sec. 6.10. DISAPPROVAL OF BOARD ACTIONS. If the governing bodies of a majority of the taxing units entitled to vote on the appointment of board members adopt resolutions disapproving an action, other than adoption of the budget, by the appraisal district board of directors and file them with the secretary of the board within 15 days after the action is taken, the action is revoked effective the day after the day on which the required number of resolutions is filed.

  28. Tex. Tax Code Sec. 6.11. PURCHASING AND CONTRACTING AUTHORITY.

  29. Tex. Tax Code Sec. 6.12. AGRICULTURAL APPRAISAL ADVISORY BOARD.

  30. Tex. Tax Code Sec. 6.13. DISTRICT RECORDS. The preservation, microfilming, destruction, or other disposition of the records of each appraisal district is subject to the requirements of Subtitle C, Title 6, Local Government Code, and rules adopted under that subtitle.

  31. Tex. Tax Code Sec. 6.14. INFORMATION PROVIDED TO TEXAS LEGISLATIVE COUNCIL.

  32. Tex. Tax Code Sec. 6.15. EX PARTE COMMUNICATIONS; PENALTY.

  33. Tex. Tax Code Sec. 6.155. CERTAIN COMMUNICATIONS BY TAXING UNITS PROHIBITED; PENALTY.

  34. Tex. Tax Code Sec. 6.16. RESIDENTIAL PROPERTY OWNER ASSISTANCE.

  35. Tex. Tax Code Sec. 6.17. INTERNET WEBSITE REQUIRED FOR POPULOUS DISTRICTS. An appraisal district established in a county with a population of 120,000 or more shall maintain an Internet website.

  36. Tex. Tax Code Sec. 6.21. COUNTY ASSESSOR-COLLECTOR.

  37. Tex. Tax Code Sec. 6.22. ASSESSOR AND COLLECTOR FOR OTHER TAXING UNITS.

  38. Tex. Tax Code Sec. 6.23. DUTIES OF ASSESSOR AND COLLECTOR.

  39. Tex. Tax Code Sec. 6.231. CONTINUING EDUCATION.

  40. Tex. Tax Code Sec. 6.24. CONTRACTS FOR ASSESSMENT AND COLLECTION.

  41. Tex. Tax Code Sec. 6.26. ELECTION TO CONSOLIDATE ASSESSING AND COLLECTING FUNCTIONS.

  42. Tex. Tax Code Sec. 6.27. COMPENSATION FOR ASSESSMENT AND COLLECTION.

  43. Tex. Tax Code Sec. 6.275. RELEASE OF ASSESSOR AND COLLECTOR FROM LIABILITY. A county assessor-collector is not personally liable for the loss of public funds in the custody of the assessor-collector or the assessor-collector's office if a district court enters a declaratory judgment that the loss is due to a reason other than the negligence or misconduct of the assessor-collector.

  44. Tex. Tax Code Sec. 6.28. BONDS FOR STATE AND COUNTY TAXES.

  45. Tex. Tax Code Sec. 6.29. BONDS FOR OTHER TAXES.

  46. Tex. Tax Code Sec. 6.30. ATTORNEYS REPRESENTING TAXING UNITS.

  47. Tex. Tax Code Sec. 6.41. APPRAISAL REVIEW BOARD.

  48. Tex. Tax Code Sec. 6.411. EX PARTE COMMUNICATIONS; PENALTY.

  49. Tex. Tax Code Sec. 6.412. RESTRICTIONS ON ELIGIBILITY OF BOARD MEMBERS.

  50. Tex. Tax Code Sec. 6.413. INTEREST IN CERTAIN CONTRACTS PROHIBITED.

  51. Tex. Tax Code Sec. 6.414. AUXILIARY APPRAISAL REVIEW BOARD MEMBERS.

  52. Tex. Tax Code Sec. 6.42. ORGANIZATION, MEETINGS AND COMPENSATION.

  53. Tex. Tax Code Sec. 6.425. SPECIAL APPRAISAL REVIEW BOARD PANELS IN CERTAIN DISTRICTS.

  54. Tex. Tax Code Sec. 6.43. PERSONNEL.

Chapter 11

  1. Tex. Tax Code Sec. 11.01. REAL AND TANGIBLE PERSONAL PROPERTY.

  2. Tex. Tax Code Sec. 11.02. INTANGIBLE PERSONAL PROPERTY.

  3. Tex. Tax Code Sec. 11.11. PUBLIC PROPERTY.

  4. Tex. Tax Code Sec. 11.111. PUBLIC PROPERTY USED TO PROVIDE TRANSITIONAL HOUSING FOR INDIGENT PERSONS.

  5. Tex. Tax Code Sec. 11.12. FEDERAL EXEMPTIONS. Property exempt from ad valorem taxation by federal law is exempt from taxation.

  6. Tex. Tax Code Sec. 11.13. RESIDENCE HOMESTEAD.

  7. Tex. Tax Code Sec. 11.131. RESIDENCE HOMESTEAD OF 100 PERCENT OR TOTALLY DISABLED VETERAN.

  8. Tex. Tax Code Sec. 11.132. DONATED RESIDENCE HOMESTEAD OF PARTIALLY DISABLED VETERAN.

  9. Tex. Tax Code Sec. 11.133. RESIDENCE HOMESTEAD OF SURVIVING SPOUSE OF MEMBER OF ARMED SERVICES KILLED IN LINE OF DUTY.

  10. Tex. Tax Code Sec. 11.134. RESIDENCE HOMESTEAD OF SURVIVING SPOUSE OF FIRST RESPONDER KILLED IN LINE OF DUTY.

  11. Tex. Tax Code Sec. 11.135. CONTINUATION OF RESIDENCE HOMESTEAD EXEMPTION WHILE REPLACEMENT STRUCTURE IS CONSTRUCTED; SALE OF PROPERTY.

  12. Tex. Tax Code Sec. 11.136. RESIDENCE HOMESTEADS OF SURVIVING SPOUSES OF CERTAIN QUALIFYING VETERANS.

  13. Tex. Tax Code Sec. 11.14. TANGIBLE PERSONAL PROPERTY NOT PRODUCING INCOME.

  14. Tex. Tax Code Sec. 11.141. PRECIOUS METAL HELD IN PRECIOUS METAL DEPOSITORY.

  15. Tex. Tax Code Sec. 11.145. INCOME-PRODUCING TANGIBLE PERSONAL PROPERTY.

  16. Tex. Tax Code Sec. 11.146. MINERAL INTEREST HAVING VALUE OF LESS THAN $500.

  17. Tex. Tax Code Sec. 11.15. FAMILY SUPPLIES. A family is entitled to an exemption from taxation of its family supplies for home or farm use.

  18. Tex. Tax Code Sec. 11.16. FARM PRODUCTS.

  19. Tex. Tax Code Sec. 11.161. IMPLEMENTS OF HUSBANDRY.

  20. Tex. Tax Code Sec. 11.162. ANIMAL FEED HELD FOR SALE AT RETAIL. The owner of tangible personal property consisting of animal feed exempted from sales and use taxes under Section 151.316(a)(3) or

  21. Tex. Tax Code Sec. 11.17. CEMETERIES. A person is entitled to an exemption from taxation of the property he owns and uses exclusively for human burial and does not hold for profit.

  22. Tex. Tax Code Sec. 11.18. CHARITABLE ORGANIZATIONS.

  23. Tex. Tax Code Sec. 11.1801. CHARITY CARE AND COMMUNITY BENEFITS REQUIREMENTS FOR CHARITABLE HOSPITAL.

  24. Tex. Tax Code Sec. 11.181. CHARITABLE ORGANIZATIONS IMPROVING PROPERTY FOR LOW-INCOME HOUSING.

  25. Tex. Tax Code Sec. 11.182. COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS IMPROVING PROPERTY FOR LOW-INCOME AND MODERATE-INCOME HOUSING: PROPERTY PREVIOUSLY EXEMPT.

  26. Tex. Tax Code Sec. 11.1825. ORGANIZATIONS CONSTRUCTING OR REHABILITATING LOW-INCOME HOUSING: PROPERTY NOT PREVIOUSLY EXEMPT.

  27. Tex. Tax Code Sec. 11.1826. MONITORING OF COMPLIANCE WITH LOW-INCOME AND MODERATE-INCOME HOUSING EXEMPTIONS.

  28. Tex. Tax Code Sec. 11.1827. COMMUNITY LAND TRUST.

  29. Tex. Tax Code Sec. 11.183. ASSOCIATION PROVIDING ASSISTANCE TO AMBULATORY HEALTH CARE CENTERS.

  30. Tex. Tax Code Sec. 11.184. ORGANIZATIONS ENGAGED PRIMARILY IN PERFORMING CHARITABLE FUNCTIONS.

  31. Tex. Tax Code Sec. 11.185. COLONIA MODEL SUBDIVISION PROGRAM.

  32. Tex. Tax Code Sec. 11.19. YOUTH SPIRITUAL, MENTAL, AND PHYSICAL DEVELOPMENT ASSOCIATIONS.

  33. Tex. Tax Code Sec. 11.20. RELIGIOUS ORGANIZATIONS.

  34. Tex. Tax Code Sec. 11.201. ADDITIONAL TAX ON SALE OF CERTAIN RELIGIOUS ORGANIZATION PROPERTY.

  35. Tex. Tax Code Sec. 11.21. SCHOOLS.

  36. Tex. Tax Code Sec. 11.211. REAL PROPERTY LEASED TO CERTAIN SCHOOLS. The portion of real property that is leased to an independent school district, community college district, or open-enrollment charter school authorized by Subchapter C, D, or E, Chapter 12, Education Code, is qualified and exempt from taxation pursuant to Sections 11.11 and 11.21 of this code if the portion of the real property that is leased to the public school is:

  37. Tex. Tax Code Sec. 11.22. DISABLED VETERANS.

  38. Tex. Tax Code Sec. 11.23. MISCELLANEOUS EXEMPTIONS.

  39. Tex. Tax Code Sec. 11.231. NONPROFIT COMMUNITY BUSINESS ORGANIZATION PROVIDING ECONOMIC DEVELOPMENT SERVICES TO LOCAL COMMUNITY.

  40. Tex. Tax Code Sec. 11.24. HISTORIC SITES.

  41. Tex. Tax Code Sec. 11.25. MARINE CARGO CONTAINERS USED EXCLUSIVELY IN INTERNATIONAL COMMERCE.

  42. Tex. Tax Code Sec. 11.251. TANGIBLE PERSONAL PROPERTY EXEMPT.

  43. Tex. Tax Code Sec. 11.252. MOTOR VEHICLES LEASED FOR USE OTHER THAN PRODUCTION OF INCOME.

  44. Tex. Tax Code Sec. 11.253. TANGIBLE PERSONAL PROPERTY IN TRANSIT.

  45. Tex. Tax Code Sec. 11.254. MOTOR VEHICLE USED FOR PRODUCTION OF INCOME AND FOR PERSONAL ACTIVITIES.

  46. Tex. Tax Code Sec. 11.26. LIMITATION OF SCHOOL TAX ON HOMESTEADS OF ELDERLY OR DISABLED.

  47. Tex. Tax Code Sec. 11.261. LIMITATION OF COUNTY, MUNICIPAL, OR JUNIOR COLLEGE DISTRICT TAX ON HOMESTEADS OF DISABLED AND ELDERLY.

  48. Tex. Tax Code Sec. 11.27. SOLAR AND WIND-POWERED ENERGY DEVICES.

  49. Tex. Tax Code Sec. 11.271. OFFSHORE DRILLING EQUIPMENT NOT IN USE.

  50. Tex. Tax Code Sec. 11.28. PROPERTY EXEMPTED FROM CITY TAXATION BY AGREEMENT. The owner of property to which an agreement made under the Property Redevelopment and Tax Abatement Act (Chapter 312 of this code) applies is entitled to exemption from taxation by an incorporated city or town or other taxing unit of all or part of the value of the property as provided by the agreement.

  51. Tex. Tax Code Sec. 11.29. INTRACOASTAL WATERWAY DREDGE DISPOSAL SITE.

  52. Tex. Tax Code Sec. 11.30. NONPROFIT WATER SUPPLY OR WASTEWATER SERVICE CORPORATION.

  53. Tex. Tax Code Sec. 11.31. POLLUTION CONTROL PROPERTY.

  54. Tex. Tax Code Sec. 11.311. LANDFILL-GENERATED GAS CONVERSION FACILITIES.

  55. Tex. Tax Code Sec. 11.315. ENERGY STORAGE SYSTEM IN NONATTAINMENT AREA.

  56. Tex. Tax Code Sec. 11.32. CERTAIN WATER CONSERVATION INITIATIVES. The governing body of a taxing unit by official action of the governing body adopted in the manner required by law for official actions may exempt from taxation part or all of the assessed value of property on which approved water conservation initiatives, desalination projects, or brush control initiatives have been implemented. For purposes of this section, approved water conservation, desalination, and brush control initiatives shall be designated pursuant to an ordinance or other law adopted by the governing unit.

  57. Tex. Tax Code Sec. 11.33. RAW COCOA AND GREEN COFFEE HELD IN HARRIS COUNTY.

  58. Tex. Tax Code Sec. 11.34. LIMITATION OF TAXES ON REAL PROPERTY IN DESIGNATED AREAS OF CERTAIN MUNICIPALITIES.

  59. Tex. Tax Code Sec. 11.35. TEMPORARY EXEMPTION FOR QUALIFIED PROPERTY DAMAGED BY DISASTER.

  60. Tex. Tax Code Sec. 11.351. TEMPORARY EXEMPTION FOR IMPROVEMENT TO RESIDENCE HOMESTEAD DESTROYED BY FIRE.

  61. Tex. Tax Code Sec. 11.36. MEDICAL OR BIOMEDICAL PROPERTY.

  62. Tex. Tax Code Sec. 11.37. CHILD-CARE FACILITIES.

  63. Tex. Tax Code Sec. 11.38. BORDER SECURITY INFRASTRUCTURE.

  64. Tex. Tax Code Sec. 11.41. PARTIAL OWNERSHIP OF EXEMPT PROPERTY.

  65. Tex. Tax Code Sec. 11.42. EXEMPTION QUALIFICATION DATE.

  66. Tex. Tax Code Sec. 11.421. QUALIFICATION OF RELIGIOUS ORGANIZATION.

  67. Tex. Tax Code Sec. 11.422. QUALIFICATIONS OF A SCHOOL.

  68. Tex. Tax Code Sec. 11.423. QUALIFICATION OF CHARITABLE ORGANIZATION OR YOUTH ASSOCIATION.

  69. Tex. Tax Code Sec. 11.424. CONFLICT BETWEEN GOVERNING REGULATION OF NONPROFIT ORGANIZATION, ASSOCIATION, OR ENTITY AND CONTRACT WITH UNITED STATES. To the extent of a conflict between a provision in a contract entered into by an organization, association, or entity with the United States and a provision in the charter, a bylaw, or other regulation adopted by the organization or entity to govern its affairs in compliance with Section 11.18(f)(2), 11.19(d)(5), 11.20(c)(4), or 11.21(d)(5), the existence of the contract or the organization's compliance with the contract does not affect the eligibility of the organization, association, or entity to receive an exemption under the applicable section of this code, and the organization, association, or entity may comply with the provision in the contract instead of the conflicting provision in the charter, bylaw, or other regulation.

  70. Tex. Tax Code Sec. 11.43. APPLICATION FOR EXEMPTION.

  71. Tex. Tax Code Sec. 11.431. LATE APPLICATION FOR HOMESTEAD EXEMPTION.

  72. Tex. Tax Code Sec. 11.432. HOMESTEAD EXEMPTION FOR MANUFACTURED HOME.

  73. Tex. Tax Code Sec. 11.433. LATE APPLICATION FOR RELIGIOUS ORGANIZATION EXEMPTION.

  74. Tex. Tax Code Sec. 11.434. LATE APPLICATION FOR A SCHOOL EXEMPTION.

  75. Tex. Tax Code Sec. 11.435. LATE APPLICATION FOR CHARITABLE ORGANIZATION EXEMPTION.

  76. Tex. Tax Code Sec. 11.436. APPLICATION FOR EXEMPTION OF CERTAIN PROPERTY USED FOR LOW-INCOME HOUSING.

  77. Tex. Tax Code Sec. 11.437. EXEMPTION FOR COTTON STORED IN WAREHOUSE.

  78. Tex. Tax Code Sec. 11.438. LATE APPLICATION FOR VETERAN'S ORGANIZATION EXEMPTION.

  79. Tex. Tax Code Sec. 11.439. LATE APPLICATIONS FOR DISABLED VETERANS EXEMPTIONS.

  80. Tex. Tax Code Sec. 11.4391. LATE APPLICATION FOR FREEPORT EXEMPTION.

  81. Tex. Tax Code Sec. 11.44. NOTICE OF APPLICATION REQUIREMENTS.

  82. Tex. Tax Code Sec. 11.45. ACTION ON EXEMPTION APPLICATIONS.

  83. Tex. Tax Code Sec. 11.46. COMPILATION OF PARTIAL EXEMPTIONS. Each year the chief appraiser shall compile and make available to the public a list showing for each taxing unit in the district the number of each kind of partial exemption allowed in that tax year and the total assessed value of each taxing unit that is exempted by each kind of partial exemption.

  84. Tex. Tax Code Sec. 11.47. MAIL SURVEY OF RESIDENCE HOMESTEADS.

  85. Tex. Tax Code Sec. 11.48. CONFIDENTIAL INFORMATION.

  86. Tex. Tax Code Sec. 11.49. LEGAL TITLE NOT AFFECTED.

  87. Tex. Tax Code Sec. 11.50. PROVISION OF NAMES OF INDIVIDUALS RECEIVING RESIDENCE HOMESTEAD EXEMPTION TO ANOTHER CHIEF APPRAISER.

Chapter 21

  1. Tex. Tax Code Sec. 21.01. REAL PROPERTY. Real property is taxable by a taxing unit if located in the unit on January 1, except as provided by Chapter 49, Education Code.

  2. Tex. Tax Code Sec. 21.02. TANGIBLE PERSONAL PROPERTY GENERALLY.

  3. Tex. Tax Code Sec. 21.021. VESSELS AND OTHER WATERCRAFT.

  4. Tex. Tax Code Sec. 21.03. INTERSTATE ALLOCATION.

  5. Tex. Tax Code Sec. 21.031. ALLOCATION OF TAXABLE VALUE OF VESSELS AND OTHER WATERCRAFT USED OUTSIDE THIS STATE.

  6. Tex. Tax Code Sec. 21.04. RAILROAD ROLLING STOCK.

  7. Tex. Tax Code Sec. 21.05. COMMERCIAL AIRCRAFT.

  8. Tex. Tax Code Sec. 21.055. BUSINESS AIRCRAFT.

  9. Tex. Tax Code Sec. 21.09. ALLOCATION APPLICATION.

  10. Tex. Tax Code Sec. 21.10. LATE APPLICATION FOR ALLOCATION.

Chapter 22

  1. Tex. Tax Code Sec. 22.01. RENDITION GENERALLY.

  2. Tex. Tax Code Sec. 22.02. RENDITION OF PROPERTY LOSING EXEMPTION DURING TAX YEAR OR FOR WHICH EXEMPTION APPLICATION IS DENIED.

  3. Tex. Tax Code Sec. 22.03. REPORT OF DECREASED VALUE.

  4. Tex. Tax Code Sec. 22.04. REPORT BY BAILEE, LESSEE, OR OTHER POSSESSOR.

  5. Tex. Tax Code Sec. 22.05. RENDITION BY RAILROAD.

  6. Tex. Tax Code Sec. 22.07. INSPECTION OF PROPERTY.

  7. Tex. Tax Code Sec. 22.21. PUBLICIZING REQUIREMENTS. Each year the comptroller and each chief appraiser shall publicize in a manner reasonably designed to notify all property owners the requirements of the law relating to filing rendition statements and property reports and of the availability of forms.

  8. Tex. Tax Code Sec. 22.22. METHOD FOR REQUIRING RENDITION OR REPORT. The chief appraiser may require a rendition statement or property report he is authorized to require by this chapter by delivering written notice that the statement or report is required to the person responsible for filing it. He shall attach to the notice a copy of the appropriate form.

  9. Tex. Tax Code Sec. 22.23. FILING DATE.

  10. Tex. Tax Code Sec. 22.24. RENDITION AND REPORT FORMS.

  11. Tex. Tax Code Sec. 22.25. PLACE AND MANNER OF FILING. A rendition statement or property report required or authorized by this chapter must be filed with the chief appraiser for the district in which the property listed in the statement or report is taxable.

  12. Tex. Tax Code Sec. 22.26. SIGNATURE.

  13. Tex. Tax Code Sec. 22.27. CONFIDENTIAL INFORMATION.

  14. Tex. Tax Code Sec. 22.28. PENALTY FOR DELINQUENT REPORT; PENALTY COLLECTION PROCEDURES.

  15. Tex. Tax Code Sec. 22.29. PENALTY FOR FRAUD OR INTENT TO EVADE TAX.

  16. Tex. Tax Code Sec. 22.30. WAIVER OF PENALTY.

  17. Tex. Tax Code Sec. 22.41. REPORT OF POLITICAL SUBDIVISION ACTIONS AFFECTING REAL PROPERTY VALUES.

Chapter 23

  1. Tex. Tax Code Sec. 23.01. APPRAISALS GENERALLY.

  2. Tex. Tax Code Sec. 23.0101. CONSIDERATION OF ALTERNATE APPRAISAL METHODS. In determining the market value of property, the chief appraiser shall consider the cost, income, and market data comparison methods of appraisal and use the most appropriate method.

  3. Tex. Tax Code Sec. 23.011. COST METHOD OF APPRAISAL. If the chief appraiser uses the cost method of appraisal to determine the market value of real property, the chief appraiser shall:

  4. Tex. Tax Code Sec. 23.012. INCOME METHOD OF APPRAISAL.

  5. Tex. Tax Code Sec. 23.013. MARKET DATA COMPARISON METHOD OF APPRAISAL.

  6. Tex. Tax Code Sec. 23.014. EXCLUSION OF PROPERTY AS REAL PROPERTY. Except as provided by Section 23.24(b), in determining the market value of real property, the chief appraiser shall analyze the effect on that value of, and exclude from that value the value of, any:

  7. Tex. Tax Code Sec. 23.03. COMPILATION OF LARGE PROPERTIES AND PROPERTIES SUBJECT TO LIMITATION ON APPRAISED OR TAXABLE VALUE. Each year the chief appraiser shall compile and send to the Texas Economic Development and Tourism Office a list of properties in the appraisal district that in that tax year:

  8. Tex. Tax Code Sec. 23.11. GOVERNMENTAL ACTION THAT CONSTITUTES TAKING. In appraising private real property, the effect of a governmental action on the market value of private real property as determined in a suit or contested case filed under Chapter 2007, Government Code, shall be taken into consideration by the chief appraiser in determining the market value of the property.

  9. Tex. Tax Code Sec. 23.12. INVENTORY.

  10. Tex. Tax Code Sec. 23.121. DEALER'S MOTOR VEHICLE INVENTORY; VALUE.

  11. Tex. Tax Code Sec. 23.1211. TEMPORARY PRODUCTION AIRCRAFT; VALUE.

  12. Tex. Tax Code Sec. 23.122. PREPAYMENT OF TAXES BY CERTAIN TAXPAYERS.

  13. Tex. Tax Code Sec. 23.123. DECLARATIONS AND STATEMENTS CONFIDENTIAL.

  14. Tex. Tax Code Sec. 23.124. DEALER'S VESSEL AND OUTBOARD MOTOR INVENTORY; VALUE.

  15. Tex. Tax Code Sec. 23.1241. DEALER'S HEAVY EQUIPMENT INVENTORY; VALUE.

  16. Tex. Tax Code Sec. 23.1242. PREPAYMENT OF TAXES BY HEAVY EQUIPMENT DEALERS.

  17. Tex. Tax Code Sec. 23.1243. REFUND OF PREPAYMENT OF TAXES ON FLEET TRANSACTION.

  18. Tex. Tax Code Sec. 23.125. PREPAYMENT OF TAXES BY CERTAIN TAXPAYERS.

  19. Tex. Tax Code Sec. 23.126. DECLARATIONS AND STATEMENTS CONFIDENTIAL.

  20. Tex. Tax Code Sec. 23.127. RETAIL MANUFACTURED HOUSING INVENTORY; VALUE.

  21. Tex. Tax Code Sec. 23.128. PREPAYMENT OF TAXES BY MANUFACTURED HOUSING RETAILERS.

  22. Tex. Tax Code Sec. 23.129. WAIVER OF CERTAIN PENALTIES.

  23. Tex. Tax Code Sec. 23.13. TAXABLE LEASEHOLDS. A taxable leasehold or other possessory interest in real property that is exempt from taxation to the owner of the estate or interest encumbered by the possessory interest is appraised at the market value of the leasehold or other possessory interest. However, the appraised value may not be less than the total rental paid for the interest for the current tax year.

  24. Tex. Tax Code Sec. 23.135. LICENSE TO OCCUPY DWELLING UNIT IN TAX-EXEMPT RETIREMENT COMMUNITY. A license to occupy a dwelling unit in a retirement community that is exempt from taxation under Section 11.18(d)(19) is not a taxable leasehold or other possessory interest in real property regardless of whether the occupant of the dwelling unit is required to pay a refundable or nonrefundable deposit or a periodic service fee under the contract granting the occupant the license to occupy the dwelling unit.

  25. Tex. Tax Code Sec. 23.14. APPRAISAL OF PROPERTY SUBJECT TO ENVIRONMENTAL RESPONSE REQUIREMENT.

  26. Tex. Tax Code Sec. 23.17. MINERAL INTEREST NOT BEING PRODUCED. An interest in a mineral that may be removed by surface mining or quarrying from a deposit and that is not being produced is appraised at the price for which the interest would sell while the mineral is in place and not being produced. The appraised value is determined by applying a per acre value to the number of acres covered by the interest. The aggregate of the appraised value of the interest and the appraised value of all other interests that if not under separate ownership would constitute a fee simple estate in real property may not exceed the appraised value that would be placed on the fee estate if the interest in minerals were not owned separately.

  27. Tex. Tax Code Sec. 23.175. OIL OR GAS INTEREST.

  28. Tex. Tax Code Sec. 23.18. PROPERTY OWNED BY A NONPROFIT HOMEOWNERS' ORGANIZATION FOR THE BENEFIT OF ITS MEMBERS.

  29. Tex. Tax Code Sec. 23.19. PROPERTY OCCUPIED BY STOCKHOLDERS OF CORPORATION INCORPORATED UNDER COOPERATIVE ASSOCIATION ACT.

  30. Tex. Tax Code Sec. 23.20. WAIVER OF SPECIAL APPRAISAL.

  31. Tex. Tax Code Sec. 23.21. PROPERTY USED TO PROVIDE AFFORDABLE HOUSING.

  32. Tex. Tax Code Sec. 23.215. APPRAISAL OF CERTAIN NONEXEMPT PROPERTY USED FOR LOW-INCOME OR MODERATE-INCOME HOUSING.

  33. Tex. Tax Code Sec. 23.22. LAND USE OF WHICH IS RESTRICTED BY GOVERNMENTAL ENTITY. In appraising land the use of which is subject to a restriction that is imposed by a governmental entity and to which the owner of the land has not consented, including a restriction to preserve wildlife habitat, the chief appraiser shall consider the effect of the restriction on the value of the property.

  34. Tex. Tax Code Sec. 23.23. LIMITATION ON APPRAISED VALUE OF RESIDENCE HOMESTEAD.

  35. Tex. Tax Code Sec. 23.231. CIRCUIT BREAKER LIMITATION ON APPRAISED VALUE OF REAL PROPERTY OTHER THAN RESIDENCE HOMESTEAD.

  36. Tex. Tax Code Sec. 23.24. FURNITURE, FIXTURES, AND EQUIPMENT.

  37. Tex. Tax Code Sec. 23.25. APPRAISAL OF LAND USED FOR SINGLE-FAMILY RESIDENTIAL PURPOSES THAT IS CONTIGUOUS TO AGRICULTURAL OR OPEN-SPACE LAND WITH COMMON OWNERSHIP.

  38. Tex. Tax Code Sec. 23.26. SOLAR ENERGY PROPERTY.

  39. Tex. Tax Code Sec. 23.41. APPRAISAL.

  40. Tex. Tax Code Sec. 23.42. ELIGIBILITY.

  41. Tex. Tax Code Sec. 23.425. ELIGIBILITY OF LAND USED FOR GROWING FLORIST ITEMS IN CERTAIN COUNTIES.

  42. Tex. Tax Code Sec. 23.426. TEMPORARY CESSATION OF AGRICULTURAL USE DUE TO QUARANTINE FOR TICKS.

  43. Tex. Tax Code Sec. 23.43. APPLICATION.

  44. Tex. Tax Code Sec. 23.431. LATE APPLICATION FOR AGRICULTURAL DESIGNATION.

  45. Tex. Tax Code Sec. 23.44. ACTION ON APPLICATION.

  46. Tex. Tax Code Sec. 23.45. APPLICATION CONFIDENTIAL.

  47. Tex. Tax Code Sec. 23.46. ADDITIONAL TAXATION.

  48. Tex. Tax Code Sec. 23.47. LOAN SECURED BY LIEN ON AGRICULTURAL-USE LAND.

  49. Tex. Tax Code Sec. 23.48. REAPPRAISAL OF LAND SUBJECT TO TEMPORARY QUARANTINE FOR TICKS.

  50. Tex. Tax Code Sec. 23.51. DEFINITIONS. In this subchapter:

  51. Tex. Tax Code Sec. 23.52. APPRAISAL OF QUALIFIED AGRICULTURAL LAND.

  52. Tex. Tax Code Sec. 23.521. STANDARDS FOR QUALIFICATION OF LAND FOR APPRAISAL BASED ON WILDLIFE MANAGEMENT USE.

  53. Tex. Tax Code Sec. 23.522. TEMPORARY CESSATION OF AGRICULTURAL USE DURING DROUGHT. The eligibility of land for appraisal under this subchapter does not end because the land ceases to be devoted principally to agricultural use to the degree of intensity generally accepted in the area if:

  54. Tex. Tax Code Sec. 23.523. TEMPORARY CESSATION OF AGRICULTURAL USE WHEN PROPERTY OWNER DEPLOYED OR STATIONED OUTSIDE STATE AS MEMBER OF ARMED SERVICES.

  55. Tex. Tax Code Sec. 23.524. TEMPORARY CESSATION OF AGRICULTURAL USE TO MANAGE THE SPREAD OF CERTAIN PESTS.

  56. Tex. Tax Code Sec. 23.525. OIL AND GAS OPERATIONS ON LAND. The eligibility of land for appraisal under this subchapter does not end because a lessee under an oil and gas lease begins conducting oil and gas operations over which the Railroad Commission of Texas has jurisdiction on the land if the portion of the land on which oil and gas operations are not being conducted otherwise continues to qualify for appraisal under this subchapter.

  57. Tex. Tax Code Sec. 23.526. TEMPORARY CESSATION OF AGRICULTURAL USE DUE TO QUARANTINE FOR TICKS.

  58. Tex. Tax Code Sec. 23.53. CAPITALIZATION RATE. The capitalization rate to be used in determining the appraised value of qualified open-space land as provided by this subchapter is 10 percent or the interest rate specified by the Farm Credit Bank of Texas or its successor on December 31 of the preceding year plus 2-1/2 percentage points, whichever percentage is greater.

  59. Tex. Tax Code Sec. 23.54. APPLICATION.

  60. Tex. Tax Code Sec. 23.541. LATE APPLICATION FOR APPRAISAL AS AGRICULTURAL LAND.

  61. Tex. Tax Code Sec. 23.55. CHANGE OF USE OF LAND.

  62. Tex. Tax Code Sec. 23.551. ADDITIONAL NOTICE TO CERTAIN LANDOWNERS.

  63. Tex. Tax Code Sec. 23.56. LAND INELIGIBLE FOR APPRAISAL AS OPEN-SPACE LAND. Land is not eligible for appraisal as provided by this subchapter if:

  64. Tex. Tax Code Sec. 23.57. ACTION ON APPLICATIONS.

  65. Tex. Tax Code Sec. 23.58. LOAN SECURED BY LIEN ON OPEN-SPACE LAND.

  66. Tex. Tax Code Sec. 23.59. APPRAISAL OF OPEN-SPACE LAND THAT IS CONVERTED TO TIMBER PRODUCTION.

  67. Tex. Tax Code Sec. 23.60. REAPPRAISAL OF LAND SUBJECT TO TEMPORARY QUARANTINE FOR TICKS.

  68. Tex. Tax Code Sec. 23.71. DEFINITIONS. In this subchapter:

  69. Tex. Tax Code Sec. 23.72. QUALIFICATION FOR PRODUCTIVITY APPRAISAL.

  70. Tex. Tax Code Sec. 23.73. APPRAISAL OF QUALIFIED TIMBER LAND.

  71. Tex. Tax Code Sec. 23.74. CAPITALIZATION RATE.

  72. Tex. Tax Code Sec. 23.75. APPLICATION.

  73. Tex. Tax Code Sec. 23.751. LATE APPLICATION FOR APPRAISAL AS TIMBER LAND.

  74. Tex. Tax Code Sec. 23.76. CHANGE OF USE OF LAND.

  75. Tex. Tax Code Sec. 23.765. OIL AND GAS OPERATIONS ON LAND. The eligibility of land for appraisal under this subchapter does not end because a lessee under an oil and gas lease begins conducting oil and gas operations over which the Railroad Commission of Texas has jurisdiction on the land if the portion of the land on which oil and gas operations are not being conducted otherwise continues to qualify for appraisal under this subchapter.

  76. Tex. Tax Code Sec. 23.77. LAND INELIGIBLE FOR APPRAISAL AS TIMBER LAND. Land is not eligible for appraisal as provided by this subchapter if:

  77. Tex. Tax Code Sec. 23.78. MINIMUM TAXABLE VALUE OF TIMBER LAND. The taxable value of qualified timber land appraised as provided by this subchapter may not be less than the appraised value of that land for the taxing unit in the 1978 tax year, except that the taxable value used for any tax year may not exceed the market value of the land as determined by other generally accepted appraisal methods. If the appraised value of timber land determined as provided by this subchapter is less than a taxing unit's appraised value of that land in 1978, the assessor for the unit shall substitute the 1978 appraised value for that land on the unit's appraisal roll.

  78. Tex. Tax Code Sec. 23.79. ACTION ON APPLICATIONS.

  79. Tex. Tax Code Sec. 23.81. DEFINITIONS. In this subchapter:

  80. Tex. Tax Code Sec. 23.82. VOLUNTARY RESTRICTIONS.

  81. Tex. Tax Code Sec. 23.83. APPRAISAL OF RESTRICTED LAND.

  82. Tex. Tax Code Sec. 23.84. APPLICATION.

  83. Tex. Tax Code Sec. 23.85. ACTION ON APPLICATION.

  84. Tex. Tax Code Sec. 23.86. ADDITIONAL TAXATION FOR PRECEDING YEARS.

  85. Tex. Tax Code Sec. 23.87. PENALTY FOR VIOLATING DEED RESTRICTION.

  86. Tex. Tax Code Sec. 23.91. DEFINITIONS. In this subchapter:

  87. Tex. Tax Code Sec. 23.92. VOLUNTARY RESTRICTIONS.

  88. Tex. Tax Code Sec. 23.93. APPRAISAL OF RESTRICTED LAND.

  89. Tex. Tax Code Sec. 23.94. APPLICATION.

  90. Tex. Tax Code Sec. 23.95. ACTION ON APPLICATION.

  91. Tex. Tax Code Sec. 23.96. TAXATION FOR PRECEDING YEARS.

  92. Tex. Tax Code Sec. 23.97. PENALTY FOR VIOLATING DEED RESTRICTION.

  93. Tex. Tax Code Sec. 23.9801. DEFINITIONS. In this subchapter:

  94. Tex. Tax Code Sec. 23.9802. QUALIFICATION FOR APPRAISAL AS RESTRICTED-USE TIMBER LAND.

  95. Tex. Tax Code Sec. 23.9803. APPRAISAL OF QUALIFIED RESTRICTED-USE TIMBER LAND.

  96. Tex. Tax Code Sec. 23.9804. APPLICATION.

  97. Tex. Tax Code Sec. 23.9805. ACTION ON APPLICATION.

  98. Tex. Tax Code Sec. 23.9806. APPLICATION DENIAL BASED ON ZONE LOCATION.

  99. Tex. Tax Code Sec. 23.9807. CHANGE OF USE OF LAND.

  100. Tex. Tax Code Sec. 23.9808. OIL AND GAS OPERATIONS ON LAND. The eligibility of land for appraisal under this subchapter does not end because a lessee under an oil and gas lease begins conducting oil and gas operations over which the Railroad Commission of Texas has jurisdiction on the land if the portion of the land on which oil and gas operations are not being conducted otherwise continues to qualify for appraisal under this subchapter.

Chapter 24

  1. Tex. Tax Code Sec. 24.31. APPRAISAL AT HEADQUARTERS. The chief appraiser for the county in which the owner of rolling stock used by a railroad resides or maintains a principal place of business in this state shall appraise for taxation the rolling stock owned on January 1. However, if the owner does not reside or maintain a place of business in this state, the chief appraiser for the county in which a railroad that leases the rolling stock maintains its principal place of business in this state shall appraise it.

  2. Tex. Tax Code Sec. 24.32. ROLLING STOCK INFORMATION REPORTS.

  3. Tex. Tax Code Sec. 24.33. REPORT OF LEASED ROLLING STOCK FORWARDED. If the owner of leased rolling stock resides in this state or maintains a place of business in this state, the chief appraiser receiving the lessee's report required by Subsection

  4. Tex. Tax Code Sec. 24.34. INTERSTATE ALLOCATION.

  5. Tex. Tax Code Sec. 24.35. NOTICE, REVIEW, AND PROTEST.

  6. Tex. Tax Code Sec. 24.36. CERTIFICATION TO COMPTROLLER. On approval of the appraised value of the rolling stock as provided by Chapter 41 of this code, the chief appraiser shall certify to the comptroller the amount of market value allocated to this state for each owner whose rolling stock is appraised in the county and the name and business address of each owner.

  7. Tex. Tax Code Sec. 24.365. CORRECTION OF CERTIFIED AMOUNT.

  8. Tex. Tax Code Sec. 24.37. INTRASTATE APPORTIONMENT. The comptroller shall apportion the appraised value of each owner's rolling stock to each county in which the railroad using it operates according to the ratio the mileage of road owned by the railroad in the county bears to the total mileage of road the railroad owns in this state.

  9. Tex. Tax Code Sec. 24.38. CERTIFICATION OF APPORTIONED VALUE. Before July 26, the comptroller shall certify to the county assessor-collector for each county in which a railroad operates:

  10. Tex. Tax Code Sec. 24.39. IMPOSITION OF TAX. The county assessor-collector and commissioners court may not change the apportioned values certified as provided by this subchapter. The county assessor-collector shall add each owner's rolling stock and the value apportioned to the county as certified to him to the appraisal roll certified to him by the chief appraiser as provided by Section 26.01 of this code for county tax purposes. He shall calculate the county tax due on the rolling stock as provided by Section 26.09 of this code.

  11. Tex. Tax Code Sec. 24.40. OMITTED PROPERTY.

Chapter 25

  1. Tex. Tax Code Sec. 25.01. PREPARATION OF APPRAISAL RECORDS.

  2. Tex. Tax Code Sec. 25.011. SPECIAL APPRAISAL RECORDS.

  3. Tex. Tax Code Sec. 25.02. FORM AND CONTENT.

  4. Tex. Tax Code Sec. 25.025. CONFIDENTIALITY OF CERTAIN HOME ADDRESS INFORMATION.

  5. Tex. Tax Code Sec. 25.026. CONFIDENTIALITY OF CERTAIN SHELTER CENTER AND SEXUAL ASSAULT PROGRAM ADDRESS INFORMATION.

  6. Tex. Tax Code Sec. 25.027. RESTRICTION ON POSTING INFORMATION ON INTERNET WEBSITE.

  7. Tex. Tax Code Sec. 25.03. DESCRIPTION.

  8. Tex. Tax Code Sec. 25.04. SEPARATE ESTATES OR INTERESTS. Except as otherwise provided by this chapter, when different persons own land and improvements in separate estates or interests, each separately owned estate or interest shall be listed separately in the name of the owner of each if the estate or interest is described in a duly executed and recorded instrument of title.

  9. Tex. Tax Code Sec. 25.05. LIFE ESTATES. Real property owned by a life tenant and remainderman shall be listed in the name of the life tenant.

  10. Tex. Tax Code Sec. 25.06. PROPERTY ENCUMBERED BY POSSESSORY OR SECURITY INTEREST.

  11. Tex. Tax Code Sec. 25.07. LEASEHOLD AND OTHER POSSESSORY INTERESTS IN EXEMPT PROPERTY.

  12. Tex. Tax Code Sec. 25.08. IMPROVEMENTS.

  13. Tex. Tax Code Sec. 25.09. CONDOMINIUMS AND PLANNED UNIT DEVELOPMENTS.

  14. Tex. Tax Code Sec. 25.10. STANDING TIMBER.

  15. Tex. Tax Code Sec. 25.11. UNDIVIDED INTERESTS.

  16. Tex. Tax Code Sec. 25.12. MINERAL INTEREST.

  17. Tex. Tax Code Sec. 25.13. EXEMPT PROPERTY SUBJECT TO CONTRACT OF SALE. Property that is exempt from taxation to the titleholder but is subject on January 1 to a contract of sale to a person not entitled to exemption shall be listed in the name of the purchaser.

  18. Tex. Tax Code Sec. 25.135. QUALIFYING TRUSTS. The interest of a qualifying trust as defined by Section 11.13(j) in a residence homestead shall be listed in the name of the trustor of the trust.

  19. Tex. Tax Code Sec. 25.16. PROPERTY LOSING EXEMPTION DURING TAX YEAR.

  20. Tex. Tax Code Sec. 25.17. PROPERTY OVERLAPPING TAXING UNIT OR APPRAISAL DISTRICT BOUNDARIES.

  21. Tex. Tax Code Sec. 25.18. PERIODIC REAPPRAISALS.

  22. Tex. Tax Code Sec. 25.19. NOTICE OF APPRAISED VALUE.

  23. Tex. Tax Code Sec. 25.192. NOTICE OF RESIDENCE HOMESTEAD EXEMPTION ELIGIBILITY.

  24. Tex. Tax Code Sec. 25.193. NOTICE OF CERTAIN CANCELED OR REDUCED EXEMPTIONS.

  25. Tex. Tax Code Sec. 25.195. INSPECTION BY PROPERTY OWNER.

  26. Tex. Tax Code Sec. 25.20. ACCESS BY TAXING UNITS. The chief appraiser shall give the assessor for a taxing unit in the district reasonable access to the appraisal records at any time.

  27. Tex. Tax Code Sec. 25.21. OMITTED PROPERTY.

  28. Tex. Tax Code Sec. 25.22. SUBMISSION FOR REVIEW AND PROTEST.

  29. Tex. Tax Code Sec. 25.23. SUPPLEMENTAL APPRAISAL RECORDS.

  30. Tex. Tax Code Sec. 25.24. APPRAISAL ROLL. The appraisal records, as changed by order of the appraisal review board and approved by that board, constitute the appraisal roll for the district.

  31. Tex. Tax Code Sec. 25.25. CORRECTION OF APPRAISAL ROLL.

  32. Tex. Tax Code Sec. 25.26. FORFEITURE OF REMEDY FOR NONPAYMENT OF TAXES.

Chapter 26

  1. Tex. Tax Code Sec. 26.01. SUBMISSION OF ROLLS TO TAXING UNITS.

  2. Tex. Tax Code Sec. 26.012. DEFINITIONS. In this chapter:

  3. Tex. Tax Code Sec. 26.013. UNUSED INCREMENT RATE.

  4. Tex. Tax Code Sec. 26.02. ASSESSMENT RATIOS PROHIBITED. The assessment of property for taxation on the basis of a percentage of its appraised value is prohibited. All property shall be assessed on the basis of 100 percent of its appraised value.

  5. Tex. Tax Code Sec. 26.03. TREATMENT OF CAPTURED APPRAISED VALUE AND TAX INCREMENT.

  6. Tex. Tax Code Sec. 26.04. SUBMISSION OF ROLL TO GOVERNING BODY; NO-NEW-REVENUE AND VOTER-APPROVAL TAX RATES.

  7. Tex. Tax Code Sec. 26.041. TAX RATE OF UNIT IMPOSING ADDITIONAL SALES AND USE TAX.

  8. Tex. Tax Code Sec. 26.042. CALCULATION AND ADOPTION OF CERTAIN TAX RATES IN DISASTER AREA.

  9. Tex. Tax Code Sec. 26.043. VOTER-APPROVAL AND NO-NEW-REVENUE TAX RATES IN CITY IMPOSING MASS TRANSIT SALES AND USE TAX.

  10. Tex. Tax Code Sec. 26.044. NO-NEW-REVENUE TAX RATE TO PAY FOR STATE CRIMINAL JUSTICE MANDATE.

  11. Tex. Tax Code Sec. 26.0441. TAX RATE ADJUSTMENT FOR INDIGENT HEALTH CARE.

  12. Tex. Tax Code Sec. 26.0442. TAX RATE ADJUSTMENT FOR COUNTY INDIGENT DEFENSE COMPENSATION EXPENDITURES.

  13. Tex. Tax Code Sec. 26.0443. TAX RATE ADJUSTMENT FOR ELIGIBLE COUNTY HOSPITAL EXPENDITURES.

  14. Tex. Tax Code Sec. 26.0444. TAX RATE ADJUSTMENT FOR DEFUNDING MUNICIPALITY.

  15. Tex. Tax Code Sec. 26.045. VOTER-APPROVAL TAX RATE RELIEF FOR POLLUTION CONTROL REQUIREMENTS.

  16. Tex. Tax Code Sec. 26.05. TAX RATE.

  17. Tex. Tax Code Sec. 26.0501. LIMITATION ON TAX RATE OF DEFUNDING MUNICIPALITY.

  18. Tex. Tax Code Sec. 26.051. EVIDENCE OF UNRECORDED TAX RATE ADOPTION.

  19. Tex. Tax Code Sec. 26.052. SIMPLIFIED TAX RATE NOTICE FOR TAXING UNITS WITH LOW TAX LEVIES.

  20. Tex. Tax Code Sec. 26.06. NOTICE, HEARING, AND VOTE ON TAX INCREASE.

  21. Tex. Tax Code Sec. 26.061. NOTICE OF MEETING TO VOTE ON PROPOSED TAX RATE THAT DOES NOT EXCEED LOWER OF NO-NEW-REVENUE OR VOTER-APPROVAL TAX RATE.

  22. Tex. Tax Code Sec. 26.062. ADDITIONAL INFORMATION TO BE INCLUDED IN TAX RATE NOTICE.

  23. Tex. Tax Code Sec. 26.063. ALTERNATE PROVISIONS FOR TAX RATE NOTICE WHEN DE MINIMIS RATE EXCEEDS VOTER-APPROVAL TAX RATE.

  24. Tex. Tax Code Sec. 26.065. SUPPLEMENTAL NOTICE OF HEARING ON TAX RATE INCREASE.

  25. Tex. Tax Code Sec. 26.07. AUTOMATIC ELECTION TO APPROVE TAX RATE OF TAXING UNIT OTHER THAN SCHOOL DISTRICT.

  26. Tex. Tax Code Sec. 26.075. PETITION ELECTION TO REDUCE TAX RATE OF TAXING UNIT OTHER THAN SCHOOL DISTRICT.

  27. Tex. Tax Code Sec. 26.08. AUTOMATIC ELECTION TO APPROVE TAX RATE OF SCHOOL DISTRICT.

  28. Tex. Tax Code Sec. 26.081. PETITION SIGNATURES.

  29. Tex. Tax Code Sec. 26.085. ELECTION TO LIMIT DEDICATION OF SCHOOL FUNDS TO JUNIOR COLLEGE.

  30. Tex. Tax Code Sec. 26.09. CALCULATION OF TAX.

  31. Tex. Tax Code Sec. 26.10. PRORATING TAXES--LOSS OF EXEMPTION.

  32. Tex. Tax Code Sec. 26.11. PRORATING TAXES--ACQUISITION BY GOVERNMENT.

  33. Tex. Tax Code Sec. 26.111. PRORATING TAXES--ACQUISITION BY CHARITABLE ORGANIZATION.

  34. Tex. Tax Code Sec. 26.1115. CALCULATION OF TAXES ON RESIDENCE HOMESTEAD GENERALLY.

  35. Tex. Tax Code Sec. 26.112. CALCULATION OF TAXES ON RESIDENCE HOMESTEAD OF CERTAIN PERSONS.

  36. Tex. Tax Code Sec. 26.1125. CALCULATION OF TAXES ON RESIDENCE HOMESTEAD OF 100 PERCENT OR TOTALLY DISABLED VETERAN.

  37. Tex. Tax Code Sec. 26.1127. CALCULATION OF TAXES ON DONATED RESIDENCE HOMESTEAD OF DISABLED VETERAN OR SURVIVING SPOUSE OF DISABLED VETERAN.

  38. Tex. Tax Code Sec. 26.113. PRORATING TAXES--ACQUISITION BY NONPROFIT ORGANIZATION.

  39. Tex. Tax Code Sec. 26.12. UNITS CREATED DURING TAX YEAR.

  40. Tex. Tax Code Sec. 26.13. TAXING UNIT CONSOLIDATION DURING TAX YEAR.

  41. Tex. Tax Code Sec. 26.135. TAX DATES FOR CERTAIN SCHOOL DISTRICTS.

  42. Tex. Tax Code Sec. 26.14. ANNEXATION OF PROPERTY DURING TAX YEAR.

  43. Tex. Tax Code Sec. 26.15. CORRECTION OF TAX ROLL.

  44. Tex. Tax Code Sec. 26.16. POSTING OF TAX-RELATED INFORMATION ON COUNTY'S INTERNET WEBSITE.

  45. Tex. Tax Code Sec. 26.17. DATABASE OF PROPERTY-TAX-RELATED INFORMATION.

  46. Tex. Tax Code Sec. 26.175. PROPERTY TAX DATABASE LOCATOR WEBSITE.

  47. Tex. Tax Code Sec. 26.18. POSTING OF TAX RATE AND BUDGET INFORMATION BY TAXING UNIT ON WEBSITE. Each taxing unit shall maintain an Internet website or have access to a generally accessible Internet website that may be used for the purposes of this section. Each taxing unit shall post or cause to be posted on the Internet website the following information in a format prescribed by the comptroller:

Chapter 31

  1. Tex. Tax Code Sec. 31.01. TAX BILLS.

  2. Tex. Tax Code Sec. 31.02. DELINQUENCY DATE.

  3. Tex. Tax Code Sec. 31.03. SPLIT PAYMENT OF TAXES.

  4. Tex. Tax Code Sec. 31.031. INSTALLMENT PAYMENTS OF CERTAIN HOMESTEAD TAXES.

  5. Tex. Tax Code Sec. 31.032. INSTALLMENT PAYMENTS OF TAXES ON PROPERTY IN DISASTER AREA OR EMERGENCY AREA THAT HAS BEEN DAMAGED AS A RESULT OF DISASTER OR EMERGENCY.

  6. Tex. Tax Code Sec. 31.033. INSTALLMENT PAYMENTS OF TAXES ON PROPERTY IN DISASTER AREA OR EMERGENCY AREA THAT HAS NOT BEEN DAMAGED AS A RESULT OF DISASTER OR EMERGENCY.

  7. Tex. Tax Code Sec. 31.035. PERFORMANCE OF SERVICE IN LIEU OF PAYMENT OF TAXES ON HOMESTEAD OF ELDERLY PERSON.

  8. Tex. Tax Code Sec. 31.036. PERFORMANCE OF TEACHING SERVICES IN LIEU OF PAYMENT OF SCHOOL TAXES ON HOMESTEAD.

  9. Tex. Tax Code Sec. 31.037. PERFORMANCE OF TEACHING SERVICES BY EMPLOYEE IN LIEU OF PAYMENT OF SCHOOL TAXES ON PROPERTY OF BUSINESS ENTITY.

  10. Tex. Tax Code Sec. 31.04. POSTPONEMENT OF DELINQUENCY DATE.

  11. Tex. Tax Code Sec. 31.05. DISCOUNTS.

  12. Tex. Tax Code Sec. 31.06. MEDIUM OF PAYMENT.

  13. Tex. Tax Code Sec. 31.061. PAYMENT OF TAXES ASSESSED AGAINST REAL PROPERTY BY CONVEYANCE TO TAXING UNIT OF PROPERTY.

  14. Tex. Tax Code Sec. 31.07. CERTAIN PAYMENTS ACCEPTED.

  15. Tex. Tax Code Sec. 31.071. CONDITIONAL PAYMENTS.

  16. Tex. Tax Code Sec. 31.072. ESCROW ACCOUNTS.

  17. Tex. Tax Code Sec. 31.073. RESTRICTED OR CONDITIONAL PAYMENTS PROHIBITED. A restriction or condition placed on a check in payment of taxes, penalties, or interest by the maker that limits the amount of taxes, penalties, or interest owed to an amount less than that stated in the tax bill or shown by the tax collector's records is void unless the restriction or condition is authorized by this code.

  18. Tex. Tax Code Sec. 31.075. TAX RECEIPT.

  19. Tex. Tax Code Sec. 31.08. TAX CERTIFICATE.

  20. Tex. Tax Code Sec. 31.081. PROPERTY TAX WITHHOLDING ON PURCHASE OF BUSINESS OR INVENTORY.

  21. Tex. Tax Code Sec. 31.10. REPORTS AND REMITTANCES OF OTHER TAXES.

  22. Tex. Tax Code Sec. 31.11. REFUNDS OF OVERPAYMENTS OR ERRONEOUS PAYMENTS.

  23. Tex. Tax Code Sec. 31.111. REFUNDS OF DUPLICATE PAYMENTS.

  24. Tex. Tax Code Sec. 31.112. REFUNDS OF PAYMENTS MADE TO MULTIPLE LIKE TAXING UNITS.

  25. Tex. Tax Code Sec. 31.115. PAYMENT OF TAX UNDER PROTEST. Payment of an ad valorem tax is involuntary if the taxpayer indicates that the tax is paid under protest:

  26. Tex. Tax Code Sec. 31.12. PAYMENT OF CERTAIN TAX REFUNDS; INTEREST.

Chapter 32

  1. Tex. Tax Code Sec. 32.01. TAX LIEN.

  2. Tex. Tax Code Sec. 32.014. TAX LIEN ON MANUFACTURED HOME.

  3. Tex. Tax Code Sec. 32.015. TAX LIEN ON MANUFACTURED HOME.

  4. Tex. Tax Code Sec. 32.02. RESTRICTIONS ON A MINERAL INTEREST TAX LIEN.

  5. Tex. Tax Code Sec. 32.03. RESTRICTIONS ON PERSONAL PROPERTY TAX LIEN.

  6. Tex. Tax Code Sec. 32.04. PRIORITIES AMONG TAX LIENS.

  7. Tex. Tax Code Sec. 32.05. PRIORITY OF TAX LIENS OVER OTHER PROPERTY INTERESTS.

  8. Tex. Tax Code Sec. 32.06. PROPERTY TAX LOANS; TRANSFER OF TAX LIEN.

  9. Tex. Tax Code Sec. 32.065. CONTRACT FOR FORECLOSURE OF TAX LIEN.

  10. Tex. Tax Code Sec. 32.07. PERSONAL LIABILITY FOR TAX.

Chapter 33

  1. Tex. Tax Code Sec. 33.01. PENALTIES AND INTEREST.

  2. Tex. Tax Code Sec. 33.011. WAIVER OF PENALTIES AND INTEREST.

  3. Tex. Tax Code Sec. 33.02. INSTALLMENT PAYMENT OF DELINQUENT TAXES.

  4. Tex. Tax Code Sec. 33.03. DELINQUENT TAX ROLL.

  5. Tex. Tax Code Sec. 33.04. NOTICE OF DELINQUENCY.

  6. Tex. Tax Code Sec. 33.045. NOTICE OF PROVISIONS AUTHORIZING DEFERRAL OR ABATEMENT.

  7. Tex. Tax Code Sec. 33.05. LIMITATION ON COLLECTION OF TAXES.

  8. Tex. Tax Code Sec. 33.06. DEFERRED COLLECTION OF TAXES ON RESIDENCE HOMESTEAD OF ELDERLY OR DISABLED PERSON OR DISABLED VETERAN.

  9. Tex. Tax Code Sec. 33.065. DEFERRED COLLECTION OF TAXES ON APPRECIATING RESIDENCE HOMESTEAD.

  10. Tex. Tax Code Sec. 33.07. ADDITIONAL PENALTY FOR COLLECTION COSTS FOR TAXES DUE BEFORE JUNE 1.

  11. Tex. Tax Code Sec. 33.08. ADDITIONAL PENALTY FOR COLLECTION COSTS FOR TAXES DUE ON OR AFTER JUNE 1.

  12. Tex. Tax Code Sec. 33.10. RESTRICTED OR CONDITIONAL PAYMENTS OF DELINQUENT TAXES, PENALTIES, AND INTEREST PROHIBITED. Unless the restriction or condition is authorized by this title, a restriction or condition placed on a check in payment of delinquent taxes by the maker that purports to limit the amount of delinquent taxes owed to an amount less than that stated in the applicable delinquent tax roll, or a restriction or condition placed on a check in payment of penalties and interest on delinquent taxes by the maker that purports to limit the amount of the penalties and interest to an amount less than the amount of penalties and interest accrued on the delinquent taxes, is void.

  13. Tex. Tax Code Sec. 33.11. EARLY ADDITIONAL PENALTY FOR COLLECTION COSTS FOR TAXES IMPOSED ON PERSONAL PROPERTY.

  14. Tex. Tax Code Sec. 33.21. PROPERTY SUBJECT TO SEIZURE.

  15. Tex. Tax Code Sec. 33.22. INSTITUTION OF SEIZURE.

  16. Tex. Tax Code Sec. 33.23. TAX WARRANT.

  17. Tex. Tax Code Sec. 33.24. BOND FOR PAYMENT OF TAXES. A person may prevent seizure of property or sale of property seized by delivering to the collector a cash or surety bond conditioned on payment of the tax before delinquency. The bond must be approved by the collector in an amount determined by him, but he may not require an amount greater than the amount of tax if imposed or the collector's reasonable estimate of the amount of tax if not yet imposed.

  18. Tex. Tax Code Sec. 33.25. TAX SALE: NOTICE; METHOD; DISPOSITION OF PROCEEDS.

  19. Tex. Tax Code Sec. 33.41. SUIT TO COLLECT DELINQUENT TAX.

  20. Tex. Tax Code Sec. 33.42. TAXES INCLUDED IN FORECLOSURE SUIT.

  21. Tex. Tax Code Sec. 33.43. PETITION.

  22. Tex. Tax Code Sec. 33.44. JOINDER OF OTHER TAXING UNITS.

  23. Tex. Tax Code Sec. 33.445. JOINDER OF TAX LIEN TRANSFEREE.

  24. Tex. Tax Code Sec. 33.45. PLEADING AND ANSWERING TO CLAIMS FILED. A party to the suit must take notice of and plead and answer to all claims and pleadings filed by other parties that have been joined or have intervened, and each citation must so state.

  25. Tex. Tax Code Sec. 33.46. PARTITION OF REAL PROPERTY.

  26. Tex. Tax Code Sec. 33.47. TAX RECORDS AS EVIDENCE.

  27. Tex. Tax Code Sec. 33.475. ATTORNEY AD LITEM REPORT; APPROVAL OF FEES.

  28. Tex. Tax Code Sec. 33.48. RECOVERY OF COSTS AND EXPENSES.

  29. Tex. Tax Code Sec. 33.49. LIABILITY OF TAXING UNIT FOR COSTS.

  30. Tex. Tax Code Sec. 33.50. ADJUDGED VALUE.

  31. Tex. Tax Code Sec. 33.51. WRIT OF POSSESSION.

  32. Tex. Tax Code Sec. 33.52. TAXES INCLUDED IN JUDGMENT.

  33. Tex. Tax Code Sec. 33.53. ORDER OF SALE; PAYMENT BEFORE SALE.

  34. Tex. Tax Code Sec. 33.54. LIMITATION ON ACTIONS RELATING TO PROPERTY SOLD FOR TAXES.

  35. Tex. Tax Code Sec. 33.55. EFFECT OF JUDGMENT ON ACCRUAL OF PENALTIES AND INTEREST. A judgment for delinquent taxes does not affect the accrual after the date of the judgment of penalties and interest under this chapter on the taxes included in the judgment.

  36. Tex. Tax Code Sec. 33.56. VACATION OF JUDGMENT.

  37. Tex. Tax Code Sec. 33.57. ALTERNATIVE NOTICE OF TAX FORECLOSURE ON CERTAIN PARCELS OF REAL PROPERTY.

  38. Tex. Tax Code Sec. 33.71. MASTERS FOR TAX SUITS.

  39. Tex. Tax Code Sec. 33.72. REPORT TRANSMITTED TO COURT; NOTICE.

  40. Tex. Tax Code Sec. 33.73. COURT ACTION ON MASTER'S REPORT; MASTER'S COMPENSATION.

  41. Tex. Tax Code Sec. 33.74. APPEAL OF RECOMMENDATION OF FINAL JUDGMENT TO THE REFERRING COURT OR ON REQUEST OF THE REFERRING COURT.

  42. Tex. Tax Code Sec. 33.75. DECREE OR ORDER OF COURT. If an appeal to the referring court is not filed or the right to an appeal to the referring court is waived, the findings and recommendations of the master become the decree or order of the referring court on the referring court's signing an order or decree conforming to the master's report.

  43. Tex. Tax Code Sec. 33.76. JURY TRIAL DEMANDED.

  44. Tex. Tax Code Sec. 33.77. EFFECT OF MASTER'S REPORT PENDING APPEAL. Pending appeal of the master's report to the referring court, the decisions and recommendations of the master are in full force and effect and are enforceable as an order of the referring court, except for orders providing for incarceration or for the appointment of a receiver.

  45. Tex. Tax Code Sec. 33.78. MASTERS MAY NOT BE APPOINTED UNDER TEXAS RULES OF CIVIL PROCEDURE. A court may not appoint a master under Rule 171, Texas Rules of Civil Procedure, in a delinquent tax suit.

  46. Tex. Tax Code Sec. 33.79. IMMUNITY. A master appointed under this subchapter has the judicial immunity of a district judge. All existing immunity granted masters by law, express or implied, continues in full force and effect.

  47. Tex. Tax Code Sec. 33.80. COURT REPORTER. A court reporter is not required during a hearing held by a master appointed under this subchapter. A party, the master, or the referring court may provide for a reporter during the hearing. The record may be preserved by any other means approved by the master. The referring court or master may tax the expense of preserving the record as costs.

  48. Tex. Tax Code Sec. 33.91. PROPERTY SUBJECT TO SEIZURE BY MUNICIPALITY.

  49. Tex. Tax Code Sec. 33.911. PROPERTY SUBJECT TO SEIZURE BY COUNTY.

  50. Tex. Tax Code Sec. 33.912. NOTICE.

  51. Tex. Tax Code Sec. 33.92. INSTITUTION OF SEIZURE.

  52. Tex. Tax Code Sec. 33.93. TAX WARRANT.

  53. Tex. Tax Code Sec. 33.94. NOTICE OF TAX SALE.

  54. Tex. Tax Code Sec. 33.95. PURCHASER. A purchaser for value at or subsequent to the tax sale may conclusively presume the validity of the sale and takes free of any claim of a party with a prior interest in the property subject to the provisions of Section 16.002(b), Civil Practice and Remedies Code, and subject to applicable rights of redemption.

Chapter 34

  1. Tex. Tax Code Sec. 34.01. SALE OF PROPERTY.

  2. Tex. Tax Code Sec. 34.0101. SALE OF CERTAIN PROPERTY TO OWNER OF ABUTTING PROPERTY.

  3. Tex. Tax Code Sec. 34.011. BIDDER REGISTRATION.

  4. Tex. Tax Code Sec. 34.015. PERSONS ELIGIBLE TO PURCHASE REAL PROPERTY.

  5. Tex. Tax Code Sec. 34.02. DISTRIBUTION OF PROCEEDS.

  6. Tex. Tax Code Sec. 34.021. DISTRIBUTION OF EXCESS PROCEEDS IN OTHER TAX FORECLOSURE PROCEEDINGS. A person conducting a sale for the foreclosure of a tax lien under Rule 736 of the Texas Rules of Civil Procedure shall, within 10 days of the sale, pay any excess proceeds after payment of all amounts due all participants in the sale to the clerk of the court that issued the order authorizing the sale. The excess proceeds from such a sale shall be handled according to Sections 34.03 and 34.04 of this code.

  7. Tex. Tax Code Sec. 34.03. DISPOSITION OF EXCESS PROCEEDS.

  8. Tex. Tax Code Sec. 34.04. CLAIMS FOR EXCESS PROCEEDS.

  9. Tex. Tax Code Sec. 34.05. RESALE BY TAXING UNIT.

  10. Tex. Tax Code Sec. 34.051. RESALE BY TAXING UNIT FOR THE PURPOSE OF URBAN REDEVELOPMENT.

  11. Tex. Tax Code Sec. 34.06. DISTRIBUTION OF PROCEEDS OF RESALE.

  12. Tex. Tax Code Sec. 34.07. SUBROGATION OF PURCHASER AT VOID SALE.

  13. Tex. Tax Code Sec. 34.08. CHALLENGE TO VALIDITY OF TAX SALE.

  14. Tex. Tax Code Sec. 34.21. RIGHT OF REDEMPTION.

  15. Tex. Tax Code Sec. 34.22. EVIDENCE OF TITLE TO REDEEM REAL PROPERTY.

  16. Tex. Tax Code Sec. 34.23. DISTRIBUTION OF REDEMPTION PROCEEDS.

Chapter 41

  1. Tex. Tax Code Sec. 41.01. DUTIES OF APPRAISAL REVIEW BOARD.

  2. Tex. Tax Code Sec. 41.02. ACTION BY BOARD. After making a determination or decision under Section 41.01, the appraisal review board shall by written order direct the chief appraiser to correct or change the appraisal records or the appraisal roll to conform the appraisal records or the appraisal roll to the board's determination or decision.

  3. Tex. Tax Code Sec. 41.03. CHALLENGE BY TAXING UNIT.

  4. Tex. Tax Code Sec. 41.04. CHALLENGE PETITION. The appraisal review board is not required to hear or determine a challenge unless the taxing unit initiating the challenge files a petition with the board before June 1 or within 15 days after the date that the appraisal records are submitted to the appraisal review board, whichever is later. The petition must include an explanation of the grounds for the challenge.

  5. Tex. Tax Code Sec. 41.05. HEARING ON CHALLENGE.

  6. Tex. Tax Code Sec. 41.06. NOTICE OF CHALLENGE HEARING.

  7. Tex. Tax Code Sec. 41.07. DETERMINATION OF CHALLENGE.

  8. Tex. Tax Code Sec. 41.08. CORRECTION OF RECORDS ON ORDER OF BOARD. The chief appraiser shall make the reappraisals or other corrections of the appraisal records ordered by the appraisal review board as provided by this subchapter. The chief appraiser shall submit a copy of the corrected records to the board for its approval as promptly as practicable.

  9. Tex. Tax Code Sec. 41.09. CLERICAL ERRORS. At any time before approval of the appraisal records as provided by Section 41.12 of this code, the appraisal review board in writing may correct a clerical error in the records without referring the matter to the appraisal office if the correction will not affect the tax liability of a property owner and if the chief appraiser does not object in writing.

  10. Tex. Tax Code Sec. 41.10. CORRECTION OF RECORDS ON RECOMMENDATION OF CHIEF APPRAISER. At any time before approval of the appraisal records as provided by Section 41.12 of this code, the chief appraiser may submit written recommendations to the appraisal review board for corrections in the records. If the board approves a recommended correction and it will not result in an increase in the tax liability of a property owner, the board may make the correction by written order.

  11. Tex. Tax Code Sec. 41.11. NOTICE TO PROPERTY OWNER OF CHANGE IN RECORDS.

  12. Tex. Tax Code Sec. 41.12. APPROVAL OF APPRAISAL RECORDS BY BOARD.

  13. Tex. Tax Code Sec. 41.13. PROTEST HEARING DATABASE.

  14. Tex. Tax Code Sec. 41.41. RIGHT OF PROTEST.

  15. Tex. Tax Code Sec. 41.411. PROTEST OF FAILURE TO GIVE NOTICE.

  16. Tex. Tax Code Sec. 41.4115. FORFEITURE OF REMEDY FOR NONPAYMENT OF TAXES.

  17. Tex. Tax Code Sec. 41.412. PERSON ACQUIRING PROPERTY AFTER JANUARY 1.

  18. Tex. Tax Code Sec. 41.413. PROTEST BY PERSON LEASING PROPERTY.

  19. Tex. Tax Code Sec. 41.415. ELECTRONIC FILING OF NOTICE OF PROTEST.

  20. Tex. Tax Code Sec. 41.42. PROTEST OF SITUS. A protest against the inclusion of property on the appraisal records for an appraisal district on the ground that the property does not have taxable situs in that district shall be determined in favor of the protesting party if he establishes that the property is subject to appraisal by another district or that the property is not taxable in this state. The chief appraiser of a district in which the property owner prevails in a protest of situs shall notify the appraisal office of the district in which the property owner has established situs.

  21. Tex. Tax Code Sec. 41.43. PROTEST OF DETERMINATION OF VALUE OR INEQUALITY OF APPRAISAL.

  22. Tex. Tax Code Sec. 41.44. NOTICE OF PROTEST.

  23. Tex. Tax Code Sec. 41.445. INFORMAL CONFERENCE BEFORE HEARING ON PROTEST. The appraisal office shall hold an informal conference with each property owner who files a notice of protest with the appraisal review board and requests an informal conference. An informal conference must be held before the hearing on the protest.

  24. Tex. Tax Code Sec. 41.45. HEARING ON PROTEST.

  25. Tex. Tax Code Sec. 41.455. POOLED OR UNITIZED MINERAL INTERESTS.

  26. Tex. Tax Code Sec. 41.46. NOTICE OF PROTEST HEARING.

  27. Tex. Tax Code Sec. 41.461. NOTICE OF CERTAIN MATTERS BEFORE HEARING; DELIVERY OF REQUESTED INFORMATION.

  28. Tex. Tax Code Sec. 41.47. DETERMINATION OF PROTEST.

  29. Tex. Tax Code Sec. 41.48. NOTICE OF CERTAIN APPEALS; SUBMISSIONS BY PROPERTY OWNER.

  30. Tex. Tax Code Sec. 41.61. ISSUANCE OF SUBPOENA.

  31. Tex. Tax Code Sec. 41.62. SERVICE AND ENFORCEMENT OF SUBPOENA.

  32. Tex. Tax Code Sec. 41.63. COMPENSATION FOR SUBPOENAED WITNESS.

  33. Tex. Tax Code Sec. 41.64. INSPECTION OF TAX RECORDS. The appraisal review board may inspect the records or other materials of the appraisal office that are not made confidential under this code. On demand of the board, the chief appraiser shall produce the materials as soon as practicable.

  34. Tex. Tax Code Sec. 41.65. REQUEST FOR STATE ASSISTANCE. The appraisal review board may request the comptroller to assist in determining the accuracy of appraisals by the appraisal office or to provide other professional assistance. The appraisal office shall reimburse the costs of providing assistance if the comptroller requests reimbursement.

  35. Tex. Tax Code Sec. 41.66. HEARING PROCEDURES.

  36. Tex. Tax Code Sec. 41.67. EVIDENCE.

  37. Tex. Tax Code Sec. 41.68. RECORD OF PROCEEDING. The appraisal review board shall keep a record of its proceedings in the form and manner prescribed by the comptroller.

  38. Tex. Tax Code Sec. 41.69. CONFLICT OF INTEREST. A member of the appraisal review board may not participate in the determination of a taxpayer protest in which he is interested or in which he is related to a party by affinity within the second degree or by consanguinity within the third degree, as determined under Chapter 573, Government Code.

  39. Tex. Tax Code Sec. 41.70. PUBLIC NOTICE OF PROTEST AND APPEAL PROCEDURES.

  40. Tex. Tax Code Sec. 41.71. EVENING AND WEEKEND HEARINGS.

Chapter 42

  1. Tex. Tax Code Sec. 42.01. RIGHT OF APPEAL BY PROPERTY OWNER.

  2. Tex. Tax Code Sec. 42.015. APPEAL BY PERSON LEASING PROPERTY.

  3. Tex. Tax Code Sec. 42.016. INTERVENTION IN APPEAL BY CERTAIN PERSONS. A person is entitled to intervene in an appeal brought under this chapter and the person has standing and the court has jurisdiction in the appeal if the property that is the subject of the appeal was also the subject of a protest hearing and the person:

  4. Tex. Tax Code Sec. 42.02. RIGHT OF APPEAL BY CHIEF APPRAISER.

  5. Tex. Tax Code Sec. 42.03. RIGHT OF APPEAL BY COUNTY. A county may appeal the order of the comptroller issued as provided by Subchapter B, Chapter 24 of this code apportioning among the counties the appraised value of railroad rolling stock.

  6. Tex. Tax Code Sec. 42.031. RIGHT OF APPEAL BY TAXING UNIT.

  7. Tex. Tax Code Sec. 42.04. INTERVENTION BY STATE OR POLITICAL SUBDIVISION OWNING PROPERTY SUBJECT TO TAXABLE LEASEHOLD. If the challenge or protest relates to a taxable leasehold or other possessory interest in real property that is owned by this state or a political subdivision of this state, the attorney general or a representative of the state agency that owns the real property, if the real property is owned by this state, or a person designated by the political subdivision that owns the real property, as applicable, may intervene in an appeal of an order of an appraisal review board determining a challenge by a taxing unit or a taxpayer protest.

  8. Tex. Tax Code Sec. 42.05. COMPTROLLER AS PARTY. The comptroller is an opposing party in an appeal by a county or a property owner of an order of the comptroller apportioning among the counties the appraised value of railroad rolling stock.

  9. Tex. Tax Code Sec. 42.06. NOTICE OF APPEAL.

  10. Tex. Tax Code Sec. 42.07. COSTS OF APPEAL. The reviewing court in its discretion may charge all or part of the costs of an appeal taken as provided by this chapter against any of the parties.

  11. Tex. Tax Code Sec. 42.08. FORFEITURE OF REMEDY FOR NONPAYMENT OF TAXES.

  12. Tex. Tax Code Sec. 42.081. DEFERRAL OF DELINQUENT TAX SUIT DURING APPEAL. A taxing unit that imposes taxes on property that is the subject of an appeal under this chapter may not file a suit to collect a delinquent tax on the property during the pendency of the appeal unless it is determined by the court that the property owner failed to comply with Section 42.08.

  13. Tex. Tax Code Sec. 42.09. REMEDIES EXCLUSIVE.

  14. Tex. Tax Code Sec. 42.21. PETITION FOR REVIEW.

  15. Tex. Tax Code Sec. 42.22. VENUE. Venue is in the county in which the appraisal review board that issued the order appealed is located, except as provided by Section 42.221. Venue is in Travis County if the order appealed was issued by the comptroller.

  16. Tex. Tax Code Sec. 42.221. CONSOLIDATED APPEALS FOR MULTICOUNTY PROPERTY.

  17. Tex. Tax Code Sec. 42.225. PROPERTY OWNER'S RIGHT TO APPEAL THROUGH ARBITRATION.

  18. Tex. Tax Code Sec. 42.226. MEDIATION. On motion by a party to an appeal under this chapter, the court shall enter an order requiring the parties to attend mediation. The court may enter an order requiring the parties to attend mediation on its own motion.

  19. Tex. Tax Code Sec. 42.227. PRETRIAL SETTLEMENT DISCUSSIONS.

  20. Tex. Tax Code Sec. 42.23. SCOPE OF REVIEW.

  21. Tex. Tax Code Sec. 42.231. JURISDICTION OF DISTRICT COURT; REMAND OF CERTAIN APPEALS.

  22. Tex. Tax Code Sec. 42.24. ACTION BY COURT. In determining an appeal, the district court may:

  23. Tex. Tax Code Sec. 42.25. REMEDY FOR EXCESSIVE APPRAISAL. If the court determines that the appraised value of property according to the appraisal roll exceeds the appraised value required by law, the property owner is entitled to a reduction of the appraised value on the appraisal roll to the appraised value determined by the court.

  24. Tex. Tax Code Sec. 42.26. REMEDY FOR UNEQUAL APPRAISAL.

  25. Tex. Tax Code Sec. 42.28. APPEAL OF DISTRICT COURT JUDGMENT. A party may appeal the final judgment of the district court as provided by law for appeal of civil suits generally, except that an appeal bond is not required of the chief appraiser, the county, the comptroller, or the commissioners court.

  26. Tex. Tax Code Sec. 42.29. ATTORNEY'S FEES.

  27. Tex. Tax Code Sec. 42.30. ATTORNEY NOTICE OF CERTAIN ENGAGEMENTS.

  28. Tex. Tax Code Sec. 42.41. CORRECTION OF ROLLS.

  29. Tex. Tax Code Sec. 42.42. CORRECTED AND SUPPLEMENTAL TAX BILLS.

  30. Tex. Tax Code Sec. 42.43. REFUND.

Chapter 43

  1. Tex. Tax Code Sec. 43.01. AUTHORITY TO BRING SUIT. A taxing unit may sue the appraisal district that appraises property for the unit to compel the appraisal district to comply with the provisions of this title, rules of the comptroller, or other applicable law.

  2. Tex. Tax Code Sec. 43.02. VENUE. Venue is in the county in which the appraisal district is established.

  3. Tex. Tax Code Sec. 43.03. ACTION BY COURT. The court as the evidence warrants shall enter those orders necessary to compel compliance by the appraisal office.

  4. Tex. Tax Code Sec. 43.04. SUIT TO COMPEL COMPLIANCE WITH DEADLINES. The governing body of a taxing unit may sue the chief appraiser or members of the appraisal review board, as applicable, for failure to comply with the deadlines imposed by Section 25.22(a), 26.01(a), or 41.12. If the court finds that the chief appraiser or appraisal review board failed to comply for good cause shown, the court shall enter an order fixing a reasonable deadline for compliance. If the court finds that the chief appraiser or appraisal review board failed to comply without good cause, the court shall enter an order requiring the chief appraiser or appraisal review board to comply with the deadline not later than the 10th day after the date the judgment is signed. In a suit brought under this section, the court may enter any other order the court considers necessary to ensure compliance with the court's deadline or the applicable statutory requirements. Failure to obey an order of the court is punishable as contempt.

Transportation

Chapter 1

  1. Tex. Transportation Code Sec. 1.001. PURPOSE OF CODE.

  2. Tex. Transportation Code Sec. 1.002. CONSTRUCTION OF CODE. Chapter 311, Government Code (Code Construction Act), applies to the construction of each provision in this code except as otherwise expressly provided by this code.

  3. Tex. Transportation Code Sec. 1.003. REFERENCE IN LAW TO STATUTE REVISED BY CODE. A reference in a law to a statute or a part of a statute revised by this code is considered to be a reference to the part of this code that revises that statute or part of that statute.

  4. Tex. Transportation Code Sec. 1.004. DEFINITION. In this code, "Department of Public Safety" means the Department of Public Safety of the State of Texas.

Chapter 5

  1. Tex. Transportation Code Sec. 5.001. DUTIES, LIABILITIES, AND REMEDIES OF CARRIER.

  2. Tex. Transportation Code Sec. 5.003. LIABILITY OF CARRIER OF HOUSEHOLD GOODS.

  3. Tex. Transportation Code Sec. 5.004. REQUIREMENT TO RECEIVE AND CARRY GOODS.

  4. Tex. Transportation Code Sec. 5.005. BILL OF LADING OR RECEIPT; CONDITION OF TRANSPORTED GOODS.

  5. Tex. Transportation Code Sec. 5.006. LIABILITY AS WAREHOUSEMAN OR COMMON CARRIER.

  6. Tex. Transportation Code Sec. 5.007. PRIORITY OF SHIPMENT OF STORED GOODS.

  7. Tex. Transportation Code Sec. 5.008. CARE OF LIVESTOCK.

Chapter 6

  1. Tex. Transportation Code Sec. 6.001. SALE OF FREIGHT OR BAGGAGE.

  2. Tex. Transportation Code Sec. 6.002. NOTICE OF SALE OF FREIGHT OR BAGGAGE.

  3. Tex. Transportation Code Sec. 6.003. DISPOSITION OF PROCEEDS.

  4. Tex. Transportation Code Sec. 6.004. SALE OF LIVESTOCK.

  5. Tex. Transportation Code Sec. 6.005. SALE OF PERISHABLE PROPERTY.

  6. Tex. Transportation Code Sec. 6.006. INFORMATION KEPT BY CARRIER. A common carrier shall keep for each sale under this chapter:

Chapter 7

  1. Tex. Transportation Code Sec. 7.001. DEFINITIONS. In this chapter:

  2. Tex. Transportation Code Sec. 7.002. DUTIES OF CONNECTING CARRIER. Each connecting carrier that transports freight is:

  3. Tex. Transportation Code Sec. 7.003. CONTRACT GOVERNING TRANSPORTATION.

  4. Tex. Transportation Code Sec. 7.004. PROOF OF STATUS AS CONNECTING CARRIER. Proof that a common carrier has received freight from another common carrier for transportation, including a bill of lading, waybill, receipt, check, or other instrument issued by a carrier, is prima facie evidence that the carrier is subject to the relations, duties, and liabilities imposed on connecting carriers under this chapter.

  5. Tex. Transportation Code Sec. 7.005. APPLICATION OF CHAPTER.

  6. Tex. Transportation Code Sec. 7.006. RECOVERY OF DAMAGES.

Chapter 8

  1. Tex. Transportation Code Sec. 8.001. ISSUANCE OF PROCLAMATION.

  2. Tex. Transportation Code Sec. 8.002. EFFECT OF PROCLAMATION.

  3. Tex. Transportation Code Sec. 8.003. ARRESTS.

  4. Tex. Transportation Code Sec. 8.004. USE OF TEXAS RANGERS.

  5. Tex. Transportation Code Sec. 8.005. EFFECT ON DECLARATION OF MARTIAL LAW.

Chapter 20

  1. Tex. Transportation Code Sec. 20.001. CERTAIN CARRIERS EXEMPT FROM GROSS RECEIPTS TAXES. A motor bus carrier or motor carrier transporting persons or property for hire is exempt from any occupation tax measured by gross receipts imposed by any law of this state.

  2. Tex. Transportation Code Sec. 20.002. SCHOOL FUND BENEFIT FEE ON DIESEL FUEL USED BY CERTAIN MOTOR VEHICLES.

Chapter 21

  1. Tex. Transportation Code Sec. 21.001. DEFINITIONS. In this chapter:

  2. Tex. Transportation Code Sec. 21.002. AVIATION DIVISION. The powers and duties granted to the department by this chapter or by other law related to aviation shall be performed, under the direction of the commission, by the aviation division.

  3. Tex. Transportation Code Sec. 21.003. AVIATION ADVISORY COMMITTEE.

  4. Tex. Transportation Code Sec. 21.005. SUIT AGAINST DEPARTMENT.

  5. Tex. Transportation Code Sec. 21.006. SAFE AIRCRAFT OPERATION.

  6. Tex. Transportation Code Sec. 21.051. AERONAUTIC DEVELOPMENT. The department and the director shall encourage and assist the development of aeronautics in this state.

  7. Tex. Transportation Code Sec. 21.052. COOPERATION WITH OTHER ENTITIES IN AERONAUTIC DEVELOPMENT. The department and the director may:

  8. Tex. Transportation Code Sec. 21.053. GOVERNMENTAL SUBDIVISION COOPERATION IN AERONAUTIC DEVELOPMENT. A governmental subdivision may cooperate with the department in the development of aeronautics.

  9. Tex. Transportation Code Sec. 21.054. AUTHORITY TO CONTRACT.

  10. Tex. Transportation Code Sec. 21.055. GRANT OR GIFT WITH PRESCRIBED PURPOSE. The department may accept from any person a grant or gift of money or property for which the person has prescribed a particular use for an aeronautical purpose.

  11. Tex. Transportation Code Sec. 21.056. RECORD OF GRANT OR GIFT. The department shall maintain in its office a record of money, property, or a grant given to the department under this chapter.

  12. Tex. Transportation Code Sec. 21.057. USE OF GRANT OR GIFT ACCORDING TO TERMS. The department shall use money, property, or a grant given to the department under this chapter according to the terms of the grant or gift.

  13. Tex. Transportation Code Sec. 21.058. EXPENDITURE OF GRANTS OR GIFTS OF MONEY. The department may not spend a grant or money given to the department unless the expenditure is authorized by order of the commission.

  14. Tex. Transportation Code Sec. 21.059. GIFTS OF LAND. To develop aeronautics for the common good and safety of the residents of the state or to provide for catastrophe, disaster, or state or national emergency, the state or department may accept from any person a gift of any interest in real property that:

  15. Tex. Transportation Code Sec. 21.060. JURISDICTION, ADMINISTRATION, AND LEASING OF LAND, NAVIGATIONAL AIDS, OR FACILITIES.

  16. Tex. Transportation Code Sec. 21.061. FUNDING CONSTRUCTION OF FACILITIES AND IMPROVEMENTS.

  17. Tex. Transportation Code Sec. 21.062. LEASE OF LAND OR IMPROVEMENT.

  18. Tex. Transportation Code Sec. 21.063. TERMS OF LEASE OF LAND OR IMPROVEMENT.

  19. Tex. Transportation Code Sec. 21.064. REPORTS AND INFORMATION.

  20. Tex. Transportation Code Sec. 21.065. AERONAUTICAL EDUCATION PROGRAMS AND FLIGHT CLINICS.

  21. Tex. Transportation Code Sec. 21.066. AERONAUTICAL PUBLICATIONS.

  22. Tex. Transportation Code Sec. 21.067. TEXAS AIRPORT DIRECTORY.

  23. Tex. Transportation Code Sec. 21.068. ENGINEERING AND TECHNICAL SERVICES.

  24. Tex. Transportation Code Sec. 21.069. STATE AIRPORT IN CENTRAL TEXAS.

  25. Tex. Transportation Code Sec. 21.070. MARKING OF WIRELESS COMMUNICATION FACILITY.

  26. Tex. Transportation Code Sec. 21.071. REQUIREMENTS FOR CERTAIN METEOROLOGICAL EVALUATION TOWERS; OFFENSE.

  27. Tex. Transportation Code Sec. 21.072. ADVANCED AIR MOBILITY.

  28. Tex. Transportation Code Sec. 21.101. FINANCIAL ASSISTANCE FOR CONSTRUCTION AND REPAIR OF AVIATION FACILITIES.

  29. Tex. Transportation Code Sec. 21.102. LOAN PREFERRED. The department shall:

  30. Tex. Transportation Code Sec. 21.103. COMMISSION VOTE REQUIRED FOR GRANT OR LOAN. Under this subchapter, the commission may not make:

  31. Tex. Transportation Code Sec. 21.104. REVOLVING LOAN FUND. The department shall:

  32. Tex. Transportation Code Sec. 21.105. REQUIREMENTS FOR LOAN OR GRANT.

  33. Tex. Transportation Code Sec. 21.106. PRIORITIES FOR FINANCIAL ASSISTANCE. The commission, with the advice of the aviation advisory committee, shall establish and maintain a method for determining priorities among locations and projects eligible to receive state financial assistance for aviation facility development.

  34. Tex. Transportation Code Sec. 21.107. AVIATION FACILITIES DEVELOPMENT PROGRAM.

  35. Tex. Transportation Code Sec. 21.108. AVIATION FACILITIES CAPITAL IMPROVEMENT PROGRAM.

  36. Tex. Transportation Code Sec. 21.109. REVIEW AND REVISION OF AVIATION FACILITIES CAPITAL IMPROVEMENT PROGRAM. The commission, with the advice of the aviation advisory committee, shall:

  37. Tex. Transportation Code Sec. 21.110. AVIATION FACILITIES CAPITAL IMPROVEMENT PROGRAM; BUDGET PREPARATION. The department shall consider the aviation facilities capital improvement program in preparing the department's biennial budget request to the legislature.

  38. Tex. Transportation Code Sec. 21.111. PUBLIC HEARING.

  39. Tex. Transportation Code Sec. 21.1115. EMERGENCY LOAN OR GRANT.

  40. Tex. Transportation Code Sec. 21.112. EXPENDITURE OF AIR FACILITY CONSTRUCTION MONEY BY STATE GOVERNMENTAL ENTITIES. A governmental entity that receives money from the department to establish, construct, reconstruct, enlarge, or repair an airport, airstrip, or air navigational facility shall spend the money for those purposes and in conformity with commission rules.

  41. Tex. Transportation Code Sec. 21.113. AIRPORT HAZARD ZONING ORDINANCE REQUIRED. The department may not pay the final 10 percent of its share of project costs under a grant until the sponsor has enacted an airport hazard zoning ordinance or order under Chapter 241, Local Government Code.

  42. Tex. Transportation Code Sec. 21.114. AGENT FOR FEDERAL FUNDS.

  43. Tex. Transportation Code Sec. 21.115. FUNDING FOR CERTAIN COMMERCIAL SERVICE AIRPORTS. To the extent consistent with federal funding restrictions, a project involving a commercial service airport is eligible for financial assistance under this subchapter, including for inclusion in the aviation facilities capital improvement program, if the airport is located in a county along the Texas-Mexico border that has a population of less than 300,000.

  44. Tex. Transportation Code Sec. 21.151. INVESTIGATION, INQUIRY, OR HEARING.

  45. Tex. Transportation Code Sec. 21.152. CONDUCT OF INVESTIGATION, INQUIRY, OR HEARING. A member of the commission, the director, or an officer or employee of the department who has been designated by the commission to hold an investigation, inquiry, or hearing may:

  46. Tex. Transportation Code Sec. 21.153. NONCOMPLIANCE WITH SUBPOENA OR ORDER.

  47. Tex. Transportation Code Sec. 21.154. CIVIL PENALTY.

  48. Tex. Transportation Code Sec. 21.155. INJUNCTIVE RELIEF.

  49. Tex. Transportation Code Sec. 21.156. ENFORCEMENT OF CHAPTER.

  50. Tex. Transportation Code Sec. 21.157. COOPERATION WITH UNITED STATES IN LAW ENFORCEMENT. The department shall work with agencies of the United States in enforcing the statutes, directives, rules, and regulations of the United States.

Chapter 22

  1. Tex. Transportation Code Sec. 22.001. DEFINITIONS. In this chapter:

  2. Tex. Transportation Code Sec. 22.002. PUBLIC PURPOSE; COUNTY OR MUNICIPAL PURPOSE.

  3. Tex. Transportation Code Sec. 22.003. INTERPRETATION AND CONSTRUCTION. This chapter shall be interpreted to make uniform as far as possible the laws and regulations of this state, other states, and the United States relating to local governmental airports.

  4. Tex. Transportation Code Sec. 22.011. GENERAL POWERS REGARDING AIRPORTS AND AIR NAVIGATION FACILITIES.

  5. Tex. Transportation Code Sec. 22.012. FINANCING OF AIRPORT FACILITIES. Under Section 52-a, Article III, Texas Constitution, a local government may finance facilities to be located on airport property, other than those described by Section 22.011(b)(1), that the local government determines to be:

  6. Tex. Transportation Code Sec. 22.013. ESTABLISHMENT OF AIRPORTS ON PUBLIC WATERS. For the purposes of this chapter, a local government may:

  7. Tex. Transportation Code Sec. 22.014. RULES AND JURISDICTION.

  8. Tex. Transportation Code Sec. 22.015. ENFORCEMENT OF RULES. To enforce an ordinance, resolution, rule, or order adopted under Section 22.014(a), a local government, by ordinance or resolution as appropriate, may appoint airport guards or police, with full police powers, and establish a penalty for a violation of an ordinance, resolution, rule, or order, within the limits prescribed by law. A penalty is enforced in the same manner in which a penalty prescribed by other ordinances or resolutions of the local government is enforced.

  9. Tex. Transportation Code Sec. 22.016. RELATIONSHIP TO ZONING. This chapter does not:

  10. Tex. Transportation Code Sec. 22.017. DELEGATION OF AUTHORITY TO OFFICER, BOARD, OR AGENCY.

  11. Tex. Transportation Code Sec. 22.018. DESIGNATION OF TEXAS DEPARTMENT OF TRANSPORTATION AS AGENT IN CONTRACTING AND SUPERVISING.

  12. Tex. Transportation Code Sec. 22.019. CONTRACTS. Except as provided by Section 22.0191, a local government may enter into a contract necessary to the execution of a power granted the local government and for a purpose provided by this chapter.

  13. Tex. Transportation Code Sec. 22.0191. CERTAIN AIRPORT INFRASTRUCTURE OR EQUIPMENT CONTRACTS.

  14. Tex. Transportation Code Sec. 22.020. OPERATION OF AIRPORT BY ANOTHER.

  15. Tex. Transportation Code Sec. 22.021. USE OF AIRPORT BY ANOTHER.

  16. Tex. Transportation Code Sec. 22.022. DURATION OF CERTAIN LEASES.

  17. Tex. Transportation Code Sec. 22.023. LIENS. A local government has a lien on personal property to enforce the payment of a charge for repairs or improvements to, or the storage or care of, the property if the property is made or furnished by the local government or its agents in connection with the operation of an airport or air navigation facility owned or operated by the local government. The lien is enforceable as provided by law.

  18. Tex. Transportation Code Sec. 22.024. DISPOSAL OF AIRPORT PROPERTY BY LOCAL GOVERNMENT.

  19. Tex. Transportation Code Sec. 22.025. LIMITATION ON DESIGN AND OPERATION OF AIR NAVIGATION FACILITIES. An air navigation facility established or operated by a local government shall be supplementary to and coordinated in design and operation with those established and operated by the federal and state governments.

  20. Tex. Transportation Code Sec. 22.026. NOISE ABATEMENT.

  21. Tex. Transportation Code Sec. 22.027. MUNICIPAL PERMISSION FOR GROUND TRANSPORTATION; OFFENSE.

  22. Tex. Transportation Code Sec. 22.028. CONFIDENTIALITY OF CERTAIN INFORMATION COLLECTED BY LOCAL GOVERNMENT. Personal identifying information collected by a local government is confidential and not subject to disclosure under Chapter 552, Government Code, if the information collected is in relation to a person's use of an airport facility that includes:

  23. Tex. Transportation Code Sec. 22.051. TAXATION.

  24. Tex. Transportation Code Sec. 22.052. BONDS.

  25. Tex. Transportation Code Sec. 22.053. TIME WARRANTS.

  26. Tex. Transportation Code Sec. 22.054. APPLICATION OF AIRPORT REVENUE AND SALE PROCEEDS. A local government shall deposit the revenue received by the local government from the ownership, control, or operation of an airport or air navigation facility, including proceeds from the sale of an airport or a portion of an airport or of air navigation facility property, in a fund to be designated the "__________ Airport Fund." The revenue may be used by the local government only for the purposes authorized by this chapter.

  27. Tex. Transportation Code Sec. 22.055. FEDERAL AND STATE AID; OTHER GRANTS AND LOANS.

  28. Tex. Transportation Code Sec. 22.071. DEFINITIONS. In this subchapter:

  29. Tex. Transportation Code Sec. 22.072. JOINT-ACTION AGREEMENT.

  30. Tex. Transportation Code Sec. 22.073. ADDITIONAL AUTHORIZATION. A power or privilege granted to a local government by this chapter may be exercised jointly with a public agency of another state or the United States to the extent permitted by the laws of that state or of the United States. A state agency, when acting jointly with a local government, may exercise a power or privilege granted to a local government by this chapter.

  31. Tex. Transportation Code Sec. 22.074. JOINT BOARD.

  32. Tex. Transportation Code Sec. 22.0745. NONCONSTITUENT MUNICIPALITY REPRESENTATION ON JOINT BOARD.

  33. Tex. Transportation Code Sec. 22.075. ACQUISITION OF PROPERTY BY POPULOUS HOME-RULE MUNICIPALITIES.

  34. Tex. Transportation Code Sec. 22.076. TREATMENT OF HAZARDOUS WASTE PROHIBITED.

  35. Tex. Transportation Code Sec. 22.077. CERTAIN ACTIVITIES NEAR AIRPORT BOUNDARIES PROHIBITED.

  36. Tex. Transportation Code Sec. 22.078. INTERGOVERNMENTAL AGREEMENT WITH POLITICAL SUBDIVISION. A joint board for which the constituent agencies are populous home-rule municipalities may make an intergovernmental agreement with a political subdivision of the state.

  37. Tex. Transportation Code Sec. 22.0781. REVENUE SHARING AGREEMENT WITH MUNICIPALITY.

  38. Tex. Transportation Code Sec. 22.079. BUDGET. On or before December 1 of each year, the governing authority of each constituent agency of a joint board shall approve a budget determining the total expenditures to be made by the joint board for any purpose in the following calendar year.

  39. Tex. Transportation Code Sec. 22.080. ACQUISITION AND DISPOSAL OF PROPERTY.

  40. Tex. Transportation Code Sec. 22.081. LICENSING OF VEHICLES FOR HIRE AND PASSENGER TRANSPORTATION SERVICES.

  41. Tex. Transportation Code Sec. 22.0815. OFFENSE: UNAUTHORIZED GROUND TRANSPORTATION.

  42. Tex. Transportation Code Sec. 22.082. RULES. A resolution, rule, or order of a joint board dealing with a subject authorized by Section 22.014 or 22.081 is effective only on approval of the governing authorities of the constituent agencies. On approval, a resolution, rule, or order of the joint board has the same effect in the territories or jurisdictions involved as an ordinance, resolution, rule, or order of the public agency would have in its own territory or jurisdiction.

  43. Tex. Transportation Code Sec. 22.083. JOINT FUND.

  44. Tex. Transportation Code Sec. 22.084. AIRPORT REVENUE AND REVENUE BOND PROCEEDS; CONTRACTING OPPORTUNITIES FOR MINORITY- AND WOMEN-OWNED BUSINESSES.

  45. Tex. Transportation Code Sec. 22.085. INSURANCE.

  46. Tex. Transportation Code Sec. 22.086. ACCEPTANCE OF CREDIT CARDS. A joint board may:

  47. Tex. Transportation Code Sec. 22.087. USE OF TERMINAL FACILITIES BY MANUFACTURERS AND CONCESSIONAIRES. A joint board may:

  48. Tex. Transportation Code Sec. 22.088. EXPENDITURE OF BOND REVENUE BY JOINT BOARD WITHOUT COMPETITIVE BIDDING.

  49. Tex. Transportation Code Sec. 22.089. AIRPORT REVENUE OF NONCONSTITUENT MUNICIPALITIES.

  50. Tex. Transportation Code Sec. 22.091. CONFIDENTIALITY OF CERTAIN INFORMATION COLLECTED BY JOINT BOARD. Personal identifying information collected by a joint board for which the constituent agencies are populous home-rule municipalities is confidential and not subject to disclosure under Chapter 552, Government Code, if the information collected is in relation to:

  51. Tex. Transportation Code Sec. 22.092. AIRPORT SECURITY VEHICLES.

  52. Tex. Transportation Code Sec. 22.151. DEFINITIONS. The definitions in Subchapter D apply to this subchapter.

  53. Tex. Transportation Code Sec. 22.152. NONPROFIT AIRPORT FACILITY FINANCING CORPORATIONS.

  54. Tex. Transportation Code Sec. 22.153. APPROVAL OF ARTICLES OF INCORPORATION; APPOINTMENT OF BOARD OF DIRECTORS.

  55. Tex. Transportation Code Sec. 22.154. INCORPORATION. A nonprofit airport facility financing corporation may be incorporated under this chapter by filing its articles of incorporation with the secretary of state in the manner prescribed for the incorporation of nonprofit corporations under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes). On filing of the articles of incorporation, the secretary of state shall issue a certificate of incorporation showing that the corporation is incorporated under this chapter.

  56. Tex. Transportation Code Sec. 22.155. BYLAWS. The joint board under whose authority the jointly owned airport is operated shall approve or prescribe the bylaws of the corporation. The bylaws may prescribe the procedures to be followed in fulfilling the purposes of the corporation and in exercising its powers and may include any limitations on exercising those powers the joint board considers appropriate.

  57. Tex. Transportation Code Sec. 22.156. APPLICABLE LAWS. The corporation has the powers granted by this chapter, the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes), and all other laws applicable to nonprofit corporations. The internal affairs of the corporation are governed by, the purposes and powers of the corporation are fulfilled and exercised in accordance with, and the corporation is subject to, the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes), except as otherwise provided by this chapter.

  58. Tex. Transportation Code Sec. 22.157. BONDS.

  59. Tex. Transportation Code Sec. 22.158. EARNINGS.

  60. Tex. Transportation Code Sec. 22.159. ALTERATION OR TERMINATION OF CORPORATION. The constituent agencies that authorize the incorporation of a nonprofit airport facility financing corporation may alter the structure, organization, programs, or activities of the corporation or may terminate and dissolve the corporation, subject only to any limitations provided by state law relating to the impairment of contracts entered into by the corporation.

  61. Tex. Transportation Code Sec. 22.901. DISPOSAL OF ABANDONED AIRCRAFT.

Chapter 23

  1. Tex. Transportation Code Sec. 23.001. ESTABLISHMENT OF AIRPORT POLICE FORCE; COMMISSIONING OF PEACE OFFICERS. The governing body of a joint board, as defined by Section 22.071, or the governing body of a political subdivision that operates an airport served by an air carrier certificated by the Federal Aviation Administration or the United States Department of Transportation may:

Chapter 24

  1. Tex. Transportation Code Sec. 24.001. DEFINITIONS. In this subchapter:

  2. Tex. Transportation Code Sec. 24.002. APPLICATION. This subchapter does not apply to an aircraft owned by and used exclusively in the service of the federal or state government.

  3. Tex. Transportation Code Sec. 24.003. OPERATION OF AIRCRAFT WITHOUT AIRMAN CERTIFICATE; OFFENSE.

  4. Tex. Transportation Code Sec. 24.004. INSPECTION OF AIRMAN CERTIFICATE. A person holding an airman certificate shall keep the certificate in the person's possession when the person is operating an aircraft within this state or serving in connection with an aircraft flown or operated in this state. The person shall present the certificate for inspection on the demand of:

  5. Tex. Transportation Code Sec. 24.005. AIRCRAFT LICENSURE AND REGISTRATION. A person may not navigate an aircraft in this state, whether for commercial, pleasure, or noncommercial purposes, unless the aircraft is licensed and registered in the manner provided by the Federal Aviation Administration.

  6. Tex. Transportation Code Sec. 24.011. FAILURE TO REGISTER AIRCRAFT; OFFENSE.

  7. Tex. Transportation Code Sec. 24.012. AIRCRAFT IDENTIFICATION NUMBERS; OFFENSE.

  8. Tex. Transportation Code Sec. 24.013. AIRCRAFT FUEL CONTAINERS; OFFENSE.

  9. Tex. Transportation Code Sec. 24.021. TAKING OFF, LANDING, OR MANEUVERING AIRCRAFT ON HIGHWAYS, ROADS, OR STREETS; OFFENSE.

  10. Tex. Transportation Code Sec. 24.022. USE OF AIRCRAFT ON COUNTY ROADS.

Chapter 25

  1. Tex. Transportation Code Sec. 25.001. DEFINITION. In this chapter, "wireless communication facility" means an equipment enclosure, antenna, antenna support structure, and any associated facility used for receiving or sending a radio frequency, microwave, or other signal for a commercial communications purpose.

  2. Tex. Transportation Code Sec. 25.002. NOTICE OF CONSTRUCTION.

  3. Tex. Transportation Code Sec. 25.003. INAPPLICABILITY OF CHAPTER. This chapter does not apply to:

  4. Tex. Transportation Code Sec. 25.004. EFFECT ON LOCAL ORDINANCES. This chapter does not preempt a local ordinance regulating a wireless communication facility.

Chapter 26

  1. Tex. Transportation Code Sec. 26.001. DEFINITIONS. In this chapter:

  2. Tex. Transportation Code Sec. 26.002. APPLICATION. This chapter applies to all navigable bodies of water of this state other than a navigable body of water that the federal government owns, controls, or has jurisdiction over.

  3. Tex. Transportation Code Sec. 26.003. REGULATION PROHIBITED.

  4. Tex. Transportation Code Sec. 26.004. RULES. The department shall adopt rules to implement and administer this chapter, including rules specifying how notice shall be given of a prohibition or limitation approved under this chapter.

Chapter 51

  1. Tex. Transportation Code Sec. 51.001. SHORT TITLE. This chapter may be cited as the Texas Coastal Waterway Act.

  2. Tex. Transportation Code Sec. 51.002. DEFINITIONS. In this chapter:

  3. Tex. Transportation Code Sec. 51.003. PURPOSE. In recognition of the economic benefit to the state of the Gulf Coast Intracoastal Waterway, this state shall act as the nonfederal sponsor of the main channel of the Gulf Coast Intracoastal Waterway from the Sabine River to the Brownsville Ship Channel in order to:

  4. Tex. Transportation Code Sec. 51.004. COOPERATION WITH OTHER ENTITIES.

  5. Tex. Transportation Code Sec. 51.005. LAND ACQUISITION.

  6. Tex. Transportation Code Sec. 51.006. HEARING REQUIRED BEFORE ACQUISITION OF PROPERTY.

  7. Tex. Transportation Code Sec. 51.007. EVALUATION AND REPORT.

  8. Tex. Transportation Code Sec. 51.008. SCHOOL LAND BOARD POWER. This chapter does not diminish the duty or power of the School Land Board to manage the coastal public land of the state.

  9. Tex. Transportation Code Sec. 51.009. BENEFICIAL USE OF DREDGE MATERIAL.

  10. Tex. Transportation Code Sec. 51.010. PROPERTY ACQUISITION. The commission, through the department, may acquire an interest in property required for a project to beneficially use dredge material in the manner provided by Section 51.005.

  11. Tex. Transportation Code Sec. 51.011. HEARING REQUIRED BEFORE PARTICIPATION IN PROJECT.

  12. Tex. Transportation Code Sec. 51.012. CONTRACTS WITH LANDOWNERS. The commission may contract with a landowner for the use of land as a disposal site for dredged material.

  13. Tex. Transportation Code Sec. 51.013. DREDGED MATERIAL DISPOSAL.

  14. Tex. Transportation Code Sec. 51.014. SUBSTANTIVE CHANGES TO DREDGED MATERIAL DISPOSAL PLAN. The department shall seek approval of the legislature for any substantive changes to dredged material disposal management made in the final Laguna Madre GIWW Dredged Material Management Plan once the plan is published.

Chapter 52

  1. Tex. Transportation Code Sec. 52.001. SHORT TITLE. This chapter may be cited as the Texas Deepwater Port Procedures Act.

  2. Tex. Transportation Code Sec. 52.002. DEFINITIONS. In this chapter:

  3. Tex. Transportation Code Sec. 52.003. GENERAL ADMINISTRATION.

  4. Tex. Transportation Code Sec. 52.004. APPLICATION: GOVERNOR'S DUTIES.

  5. Tex. Transportation Code Sec. 52.005. APPLICATION TO BE FILED; FEE FOR DUPLICATION AND MAILING.

  6. Tex. Transportation Code Sec. 52.006. DUTIES OF ATTORNEY GENERAL AND COMMISSIONER; FEE FOR DUPLICATION AND MAILING.

  7. Tex. Transportation Code Sec. 52.007. PUBLICATION OF NOTICE. Not later than the 15th day after the date of receiving a copy of the application from the governor, the commissioner shall publish notice of the application in:

  8. Tex. Transportation Code Sec. 52.008. REPORT BY AGENCIES.

  9. Tex. Transportation Code Sec. 52.009. HEARINGS.

  10. Tex. Transportation Code Sec. 52.010. REPORT BY COMMISSIONER.

  11. Tex. Transportation Code Sec. 52.011. APPROVAL BY GOVERNOR.

  12. Tex. Transportation Code Sec. 52.012. EFFECT ON OTHER LAWS. This chapter does not affect the power or activities of a state or local agency and does not change or repeal the statutes regarding those agencies.

Chapter 54

  1. Tex. Transportation Code Sec. 54.001. APPLICABILITY OF CHAPTER. This chapter applies only to a municipality that:

  2. Tex. Transportation Code Sec. 54.002. DEFINITIONS. In this chapter:

  3. Tex. Transportation Code Sec. 54.003. AUTHORITY REGARDING PORT IMPROVEMENTS AND FACILITIES.

  4. Tex. Transportation Code Sec. 54.004. AUTHORITY TO IMPOSE TAX; ELECTION.

  5. Tex. Transportation Code Sec. 54.005. APPLICABILITY OF OTHER LAW. Except to the extent that it conflicts or is inconsistent with this chapter, Subchapter B, Chapter 1502, Government Code, applies to revenue obligations issued under this chapter, and a municipality to which this chapter applies has, with respect to a revenue obligation issued under this chapter, each power granted by that subchapter.

  6. Tex. Transportation Code Sec. 54.051. MANAGEMENT AND CONTROL BY GOVERNING BODY OR BOARD.

  7. Tex. Transportation Code Sec. 54.052. ORGANIZATION AND DUTIES OF BOARD.

  8. Tex. Transportation Code Sec. 54.053. CHARACTER OF BOARD; GENERAL POWERS.

  9. Tex. Transportation Code Sec. 54.054. COMPETITIVE BIDDING.

  10. Tex. Transportation Code Sec. 54.055. APPROVAL BY ORDINANCE REQUIRED FOR SALE OF REAL PROPERTY. Notwithstanding any other provision of this chapter, a board may sell real property only if the governing body of the municipality by ordinance approves the sale.

  11. Tex. Transportation Code Sec. 54.056. BOARD ACT OR PROCEEDING PRESUMED VALID.

  12. Tex. Transportation Code Sec. 54.101. DEFINITION. In this subchapter, "net revenue" means the gross revenue derived from the operation of a port improvement or facility the net revenue of which is pledged to the payment of an obligation less:

  13. Tex. Transportation Code Sec. 54.102. AUTHORITY OF MUNICIPALITY TO ISSUE OBLIGATIONS. The governing body of a municipality by ordinance may issue in the name of the municipality obligations payable from taxes, revenue, or both to provide money for a port improvement or facility.

  14. Tex. Transportation Code Sec. 54.103. ELECTION.

  15. Tex. Transportation Code Sec. 54.104. AUTHORITY OF BOARD TO ISSUE OBLIGATIONS.

  16. Tex. Transportation Code Sec. 54.105. LIMITATION ON AGGREGATE AMOUNT OF EXPENSE WARRANTS. The aggregate amount of expense warrants issued under Section 54.104(a)(2) that are outstanding at any time during a fiscal year may not exceed 50 percent of the difference between:

  17. Tex. Transportation Code Sec. 54.106. MATURITY OF OBLIGATION. An obligation issued under this chapter must mature not later than 40 years after its date.

  18. Tex. Transportation Code Sec. 54.107. SIGNATURES.

  19. Tex. Transportation Code Sec. 54.108. SALE OF OBLIGATIONS.

  20. Tex. Transportation Code Sec. 54.109. CONTENTS OF ORDINANCE OR RESOLUTION AUTHORIZING ISSUANCE OF OBLIGATIONS PAYABLE FROM REVENUE.

  21. Tex. Transportation Code Sec. 54.110. REVIEW AND APPROVAL OF CONTRACTS RELATING TO REVENUE OBLIGATIONS.

  22. Tex. Transportation Code Sec. 54.111. SECURITY FOR AND PAYMENT OF OBLIGATIONS PAYABLE FROM REVENUE.

  23. Tex. Transportation Code Sec. 54.112. USE OF CERTAIN PROCEEDS. From the proceeds from the sale of obligations issued under this chapter, there may be appropriated or set aside:

  24. Tex. Transportation Code Sec. 54.113. LEASE OR SALE OF PORT IMPROVEMENTS AND FACILITIES.

  25. Tex. Transportation Code Sec. 54.114. ENCUMBRANCE OF PORT IMPROVEMENTS OR FACILITIES FINANCED BY OBLIGATIONS PAYABLE FROM AD VALOREM TAXES. A municipality may not encumber a port improvement or facility financed by obligations payable from ad valorem taxes unless authorized at the election required by Section 54.103.

  26. Tex. Transportation Code Sec. 54.151. APPLICABILITY OF LAW RELATING TO ORIGINAL OBLIGATIONS. The provisions of this chapter relating to original obligations apply to refunding obligations issued under this chapter to the extent the provisions can be made to apply.

  27. Tex. Transportation Code Sec. 54.152. AUTHORITY TO ISSUE TAX REFUNDING OBLIGATIONS. The governing body of a municipality, under the procedures provided by this chapter, may issue tax obligations to refund outstanding tax obligations, including original or refunding obligations, issued by the municipality under this chapter.

  28. Tex. Transportation Code Sec. 54.153. AUTHORITY TO ISSUE REVENUE REFUNDING OBLIGATIONS. The governing body of a municipality or a board, under the procedures provided by this chapter, may issue obligations payable from revenue to refund outstanding obligations payable from revenue, including original or refunding obligations:

  29. Tex. Transportation Code Sec. 54.154. TERMS OF ISSUANCE OF REVENUE REFUNDING OBLIGATIONS.

  30. Tex. Transportation Code Sec. 54.155. REGISTRATION OF REFUNDING OBLIGATIONS BY COMPTROLLER.

  31. Tex. Transportation Code Sec. 54.156. ESCROW AGREEMENT.

Chapter 55

  1. Tex. Transportation Code Sec. 55.001. DEFINITIONS. In this chapter:

  2. Tex. Transportation Code Sec. 55.002. PORT DEVELOPMENT FUNDING.

  3. Tex. Transportation Code Sec. 55.003. GIFTS AND GRANTS. The department may accept gifts, grants, and donations from any source for the purposes of this chapter.

  4. Tex. Transportation Code Sec. 55.004. AUDIT. The department may subject a project that receives money under this chapter to a final audit.

  5. Tex. Transportation Code Sec. 55.005. PORT ACCESS ACCOUNT FUND.

  6. Tex. Transportation Code Sec. 55.006. PORT AUTHORITY ADVISORY COMMITTEE.

  7. Tex. Transportation Code Sec. 55.007. DUTIES OF COMMITTEE.

  8. Tex. Transportation Code Sec. 55.008. MARITIME PORT MISSION PLAN.

  9. Tex. Transportation Code Sec. 55.009. RULES. The commission shall adopt rules to implement this chapter.

Chapter 56

  1. Tex. Transportation Code Sec. 56.001. DEFINITIONS. In this chapter:

  2. Tex. Transportation Code Sec. 56.002. SHIP CHANNEL IMPROVEMENT REVOLVING FUND.

  3. Tex. Transportation Code Sec. 56.003. REVOLVING LOAN PROGRAM.

  4. Tex. Transportation Code Sec. 56.004. REVENUE BONDS. The commission may issue revenue bonds for the purpose of providing money for the fund. Bond proceeds shall be deposited in the fund.

Chapter 60

  1. Tex. Transportation Code Sec. 60.001. THROWING BALLAST.

Chapter 61

  1. Tex. Transportation Code Sec. 61.001. SHORT TITLE. This chapter may be cited as the Texas Compulsory Pilotage Act.

  2. Tex. Transportation Code Sec. 61.002. DEFINITIONS. In this chapter:

  3. Tex. Transportation Code Sec. 61.003. DUTY TO ENGAGE PILOT.

  4. Tex. Transportation Code Sec. 61.004. PAYMENT FOR PILOT. A consignee shall pay a pilot at the applicable pilotage rates.

  5. Tex. Transportation Code Sec. 61.005. PILOT OPTIONAL. This chapter does not prohibit a consignee not required by Section 61.003 to engage a pilot from applying for, receiving, and paying for pilot services.

  6. Tex. Transportation Code Sec. 61.006. BOARD JURISDICTION. A board has exclusive jurisdiction over piloting of vessels in this state between the Gulf of Mexico and the ports in the board's jurisdiction.

  7. Tex. Transportation Code Sec. 61.007. ATTORNEY GENERAL. The attorney general shall assist a board in the enforcement of this chapter.

  8. Tex. Transportation Code Sec. 61.008. LIABILITY TO PILOT.

  9. Tex. Transportation Code Sec. 61.009. LIABILITY TO BOARD.

  10. Tex. Transportation Code Sec. 61.010. COOPERATION. A pilot providing pilot services shall, to the extent possible, cooperate with the master of the vessel.

  11. Tex. Transportation Code Sec. 61.011. CERTAIN UNITED STATES LICENSE REQUIRED; OFFENSE.

Chapter 62

  1. Tex. Transportation Code Sec. 62.001. DEFINITION. In this chapter, "navigation district" means a navigation district included in:

  2. Tex. Transportation Code Sec. 62.002. APPLICABILITY OF CHAPTER. This chapter does not apply to a navigation district, pilot board, pilot, or vessel described by Section 71.002.

  3. Tex. Transportation Code Sec. 62.021. PILOT BOARD; COMMISSIONERS OF PILOTS.

  4. Tex. Transportation Code Sec. 62.022. TERM OF OFFICE. The term of office of a commissioner of pilots coincides with the person's term as a navigation and canal commissioner.

  5. Tex. Transportation Code Sec. 62.023. DISQUALIFICATION. A person who is engaged directly or indirectly in a towing, pilot boat, or other business affected by or connected with the performance of the duties of a commissioner of pilots may not be a commissioner of pilots.

  6. Tex. Transportation Code Sec. 62.024. JURISDICTION. The pilot board of a navigation district has exclusive jurisdiction over the pilotage of a vessel between the Gulf of Mexico and a port of the navigation district, including an intermediate stop or landing place on a navigable stream in the district.

  7. Tex. Transportation Code Sec. 62.025. POWERS OF PILOT BOARDS. The pilot board of a navigation district may:

  8. Tex. Transportation Code Sec. 62.041. BRANCH OR DEPUTY PILOT QUALIFICATIONS.

  9. Tex. Transportation Code Sec. 62.042. OATH; BOND.

  10. Tex. Transportation Code Sec. 62.043. ISSUANCE OF BRANCH PILOT LICENSE.

  11. Tex. Transportation Code Sec. 62.044. TERM OF BRANCH PILOT LICENSE.

  12. Tex. Transportation Code Sec. 62.045. APPOINTMENT OF DEPUTY PILOTS.

  13. Tex. Transportation Code Sec. 62.046. SUSPENSION OR DISMISSAL OF PILOTS. The pilot board of a navigation district may suspend or dismiss a branch or deputy pilot only for misconduct, inefficiency, or intoxication on duty and after a hearing on the accusation is held before the pilot board at which there is opportunity for testimony and defense.

  14. Tex. Transportation Code Sec. 62.061. DEFINITION. In this subchapter, "pilot" means a branch or deputy pilot appointed under this chapter.

  15. Tex. Transportation Code Sec. 62.062. PILOTAGE CHARGES INAPPLICABLE. Pilotage charges under this subchapter do not apply to a vessel of 20 tons or less or to a vessel that is excepted by a federal statute or regulation.

  16. Tex. Transportation Code Sec. 62.063. PILOTAGE CHARGES.

  17. Tex. Transportation Code Sec. 62.064. CONSIGNEE LIABILITY FOR PILOT SERVICES. The consignee of a vessel is liable to a pilot for the pilotage of the vessel.

  18. Tex. Transportation Code Sec. 62.065. LIABILITY OF CERTAIN VESSELS DECLINING PILOT SERVICES.

  19. Tex. Transportation Code Sec. 62.066. LIABILITY OF CERTAIN VESSELS TO OTHER PILOTS.

  20. Tex. Transportation Code Sec. 62.067. UNAUTHORIZED PILOT LIABILITY. A person, other than a pilot, who pilots a vessel for which a pilot is required out of or into a port, channel, or waterway under the exclusive jurisdiction of the pilot board of a navigation district is liable to a pilot authorized to provide pilot services in the port, channel, or waterway who offers to pilot the vessel for a payment of $50.

  21. Tex. Transportation Code Sec. 62.068. RECOVERY OF PILOTAGE CHARGES.

Chapter 63

  1. Tex. Transportation Code Sec. 63.001. GOVERNOR TO APPOINT BOARDS.

  2. Tex. Transportation Code Sec. 63.002. DISQUALIFICATION OF BOARD MEMBER. A pilot board member may not have a direct or indirect pecuniary interest in a pilot boat or branch pilot in the business of the board's trust.

  3. Tex. Transportation Code Sec. 63.003. POWERS AND DUTIES OF BOARD.

  4. Tex. Transportation Code Sec. 63.004. PILOTAGE RATES AND RULES. A pilot board may adopt:

  5. Tex. Transportation Code Sec. 63.005. APPEAL OF BOARD DECISION. An appeal from any decision of a board may be taken to a court.

  6. Tex. Transportation Code Sec. 63.021. GOVERNOR AUTHORIZES APPOINTMENT.

  7. Tex. Transportation Code Sec. 63.041. APPOINTMENT OF BRANCH PILOTS.

  8. Tex. Transportation Code Sec. 63.042. APPOINTMENT OF DEPUTY PILOTS.

  9. Tex. Transportation Code Sec. 63.043. OATH; BOND.

  10. Tex. Transportation Code Sec. 63.044. RESIDENCE; PROBATIONARY TERM.

  11. Tex. Transportation Code Sec. 63.045. MALFEASANCE; PENALTIES.

  12. Tex. Transportation Code Sec. 63.046. SUSPENDED PILOT. A suspended pilot may not exercise the duties of the pilot's office.

  13. Tex. Transportation Code Sec. 63.047. REMOVAL OR REINSTATEMENT OF PILOT. The governor may:

Chapter 64

  1. Tex. Transportation Code Sec. 64.001. DEFINITION. In this chapter, "consignee" includes:

  2. Tex. Transportation Code Sec. 64.002. PILOTAGE RATE. The rate of pilotage that may be adopted under Sections 63.004 and 63.021 on a class of vessel may not, in a port of this state, exceed $6.50 for each foot of water that the vessel draws when piloted. This section does not apply to the rate of pilotage established under:

  3. Tex. Transportation Code Sec. 64.003. PILOTAGE LIABILITY.

  4. Tex. Transportation Code Sec. 64.004. SUIT TO RECOVER PILOT FEES. A pilot who serves or offers to serve a vessel may bring suit to recover pilot fees from a consignee.

  5. Tex. Transportation Code Sec. 64.005. EXEMPTIONS FROM PILOTAGE CHARGES. Except for actual service provided, a vessel of 20 tons or less is exempt from a charge for pilotage.

  6. Tex. Transportation Code Sec. 64.006. UNAUTHORIZED PILOT; LIABILITY.

Chapter 65

  1. Tex. Transportation Code Sec. 65.001. PILOTS FOR MATAGORDA AND LAVACA BAYS.

  2. Tex. Transportation Code Sec. 65.002. PROVISIONS FOR BRANCH PILOTS APPLICABLE. The provisions of Chapter 62 relating to branch pilots at ports, to the extent applicable, apply to pilots appointed under this chapter.

  3. Tex. Transportation Code Sec. 65.003. LIABILITY OF PERSONS OTHER THAN LICENSED PILOTS OR DEPUTIES FOR PILOTAGE.

Chapter 66

  1. Tex. Transportation Code Sec. 66.001. SHORT TITLE. This chapter may be cited as the Houston Pilots Licensing and Regulatory Act.

  2. Tex. Transportation Code Sec. 66.002. DEFINITIONS. In this chapter:

  3. Tex. Transportation Code Sec. 66.003. APPLICABILITY OF CHAPTER. This chapter applies only to a Harris County port.

  4. Tex. Transportation Code Sec. 66.011. BOARD. The board of pilot commissioners for the ports of Harris County is composed of nine pilot commissioners appointed as follows:

  5. Tex. Transportation Code Sec. 66.0115. QUALIFICATIONS; VACANCY.

  6. Tex. Transportation Code Sec. 66.0116. APPOINTMENT OF CHAIR; TERM.

  7. Tex. Transportation Code Sec. 66.012. PROHIBITED INTEREST. A person may not be a member of the board if the person, directly or indirectly, is engaged in or has an interest in any pilot boat or in any other business affected by or connected with the performance of the person's duties as a pilot commissioner.

  8. Tex. Transportation Code Sec. 66.013. OATH. Before beginning service as a board member, each board member must take and sign, before a person authorized to administer oaths, an oath to faithfully and impartially discharge the duties of the office.

  9. Tex. Transportation Code Sec. 66.014. TERM OF OFFICE. Pilot commissioners other than the chair serve staggered terms of two years that expire on February 1.

  10. Tex. Transportation Code Sec. 66.015. JURISDICTION. The board has exclusive jurisdiction over the regulation of pilots who provide pilot services in Harris County ports, including intermediate stops and landing places for vessels on navigable streams wholly or partially located in the board's jurisdiction.

  11. Tex. Transportation Code Sec. 66.016. ADMINISTRATION; RULES.

  12. Tex. Transportation Code Sec. 66.017. DUTIES. The board shall:

  13. Tex. Transportation Code Sec. 66.0172. EFFICIENT PILOT SERVICE; MAXIMUM VESSEL LENGTH.

  14. Tex. Transportation Code Sec. 66.018. UNFAIR DISCRIMINATION PROHIBITED.

  15. Tex. Transportation Code Sec. 66.019. OPEN MEETINGS LAW. Chapter 551, Government Code, applies to actions and proceedings under this chapter.

  16. Tex. Transportation Code Sec. 66.020. RULE OR RATE CHANGE.

  17. Tex. Transportation Code Sec. 66.021. CONTESTED CASE NOTICE. The board shall post in the board office for public inspection a notice that includes the same information as the notice given to the parties in each contested case.

  18. Tex. Transportation Code Sec. 66.022. JUDICIAL REVIEW. Proceedings for judicial review of a board decision shall be brought in a district court in Harris County.

  19. Tex. Transportation Code Sec. 66.031. LICENSE OR CERTIFICATE REQUIRED. A person may not provide pilot services unless the person has a license or certificate issued under this chapter for the Harris County ports in which the pilot services are to be provided.

  20. Tex. Transportation Code Sec. 66.032. EXEMPTIONS. The requirement to use a pilot does not apply to:

  21. Tex. Transportation Code Sec. 66.033. QUALIFICATIONS FOR LICENSE. To be eligible for a license as a branch pilot, a person must:

  22. Tex. Transportation Code Sec. 66.034. QUALIFICATIONS FOR CERTIFICATE. To be eligible for a certificate as a deputy branch pilot, a person must:

  23. Tex. Transportation Code Sec. 66.035. APPLICATION FOR LICENSE OR CERTIFICATE. To apply for a branch pilot's license or a deputy branch pilot's certificate, a person must give to the board a written application in the form and manner required by board rule.

  24. Tex. Transportation Code Sec. 66.036. CONSIDERATION OF APPLICATION.

  25. Tex. Transportation Code Sec. 66.037. BRANCH PILOT APPOINTMENT BY GOVERNOR.

  26. Tex. Transportation Code Sec. 66.038. DEPUTY BRANCH PILOT APPOINTMENT BY BRANCH PILOT.

  27. Tex. Transportation Code Sec. 66.039. OATH; BOND.

  28. Tex. Transportation Code Sec. 66.040. TERMS OF LICENSES AND CERTIFICATES.

  29. Tex. Transportation Code Sec. 66.041. BRANCH PILOT'S LICENSE RENEWAL.

  30. Tex. Transportation Code Sec. 66.042. DEPUTY BRANCH PILOT. A person who has been issued a deputy branch pilot's certificate may not be issued a deputy branch pilot's certificate before the fifth anniversary of the date the person was previously issued a deputy branch pilot's certificate.

  31. Tex. Transportation Code Sec. 66.043. SUSPENSION OR REVOCATION OF BRANCH PILOT'S LICENSE.

  32. Tex. Transportation Code Sec. 66.044. SUSPENSION OR REVOCATION OF DEPUTY BRANCH PILOT'S CERTIFICATE. A deputy branch pilot's certificate may be suspended or revoked by the board in the same manner and for the same reasons as provided for the revocation or suspension of a branch pilot's license by Section 66.043.

  33. Tex. Transportation Code Sec. 66.045. LIABILITY TO PILOT.

  34. Tex. Transportation Code Sec. 66.061. PILOTAGE RATE CHANGE. The board may not change pilotage rates before the first anniversary of the preceding rate change.

  35. Tex. Transportation Code Sec. 66.062. PILOTAGE RATE CHANGE APPLICATION.

  36. Tex. Transportation Code Sec. 66.063. PILOT FINANCIAL REPORT.

  37. Tex. Transportation Code Sec. 66.064. FACTORS FOR BOARD CONSIDERATION. In establishing pilotage rates, the board shall consider factors relevant to determining reasonable and just pilotage rates, including:

  38. Tex. Transportation Code Sec. 66.065. RATE DECISION. Not later than the 10th day after the date of the completion of a hearing on an application for a change in pilotage rates, the board shall issue a written decision that:

  39. Tex. Transportation Code Sec. 66.066. COSTS. The board, in a final order under this subchapter, may charge all or part of the costs of processing an application to the parties in the proceedings.

  40. Tex. Transportation Code Sec. 66.067. APPEAL OF BOARD DECISION. Any party aggrieved by a board decision on pilotage rates, after exhausting all administrative remedies, may appeal the order to a court.

  41. Tex. Transportation Code Sec. 66.068. EMERGENCY PILOTAGE RATES.

  42. Tex. Transportation Code Sec. 66.069. PILOT SERVICES REQUIRED. The consignee of a vessel under the consignee's control shall obtain pilot services for the vessel and shall pay the pilot who pilots the vessel into and out of the port area compensation according to the pilotage rates filed by the board.

  43. Tex. Transportation Code Sec. 66.070. PILOTAGE RATE LIABILITY.

  44. Tex. Transportation Code Sec. 66.071. RECOVERY OF COMPENSATION. A pilot who offers pilot services to a vessel required under this chapter to obtain pilot services and whose services are refused is entitled to recover from the consignee the pilotage rate for the services.

  45. Tex. Transportation Code Sec. 66.081. PURPOSE. The purpose of this subchapter is to:

  46. Tex. Transportation Code Sec. 66.082. PILOT LIABILITY. A pilot is not liable directly or as a member of an organization of pilots for any claim that:

  47. Tex. Transportation Code Sec. 66.083. PILOT LIABILITY LIMITED.

Chapter 67

  1. Tex. Transportation Code Sec. 67.001. SHORT TITLE. This chapter may be cited as the Galveston County Pilots Licensing and Regulatory Act.

  2. Tex. Transportation Code Sec. 67.002. DEFINITIONS. In this chapter:

  3. Tex. Transportation Code Sec. 67.003. APPLICABILITY OF CHAPTER.

  4. Tex. Transportation Code Sec. 67.011. BOARD. The board of pilot commissioners for the ports of Galveston County is composed of five commissioners from Galveston County appointed by the governor with the advice and consent of the senate.

  5. Tex. Transportation Code Sec. 67.012. PROHIBITED INTEREST. A person may not be a member of the board if the person has a conflict of interest or a direct or indirect interest in any business affected by or connected with the performance of the person's duties as a pilot commissioner.

  6. Tex. Transportation Code Sec. 67.013. OATH. Before beginning service as a board member, each board member must take and sign before a person authorized to administer oaths an oath to faithfully and impartially discharge the duties of the office.

  7. Tex. Transportation Code Sec. 67.014. TERM OF OFFICE.

  8. Tex. Transportation Code Sec. 67.015. JURISDICTION. The board has exclusive jurisdiction over the piloting of vessels in Galveston County, including intermediate stops and landing places for vessels on navigable streams wholly or partially located in the board's jurisdiction.

  9. Tex. Transportation Code Sec. 67.016. ADMINISTRATION; RULES.

  10. Tex. Transportation Code Sec. 67.017. DUTIES. The board shall:

  11. Tex. Transportation Code Sec. 67.018. PILOT REVIEW BOARD. The board shall establish a pilot review board, consisting of two branch pilots and three members of the marine industry who reside in Galveston County, to hear and review complaints against pilots and to make recommendations to the board concerning the complaints.

  12. Tex. Transportation Code Sec. 67.019. UNFAIR DISCRIMINATION PROHIBITED.

  13. Tex. Transportation Code Sec. 67.020. OPEN MEETINGS LAW. Chapter 551, Government Code, applies to actions and proceedings under this chapter.

  14. Tex. Transportation Code Sec. 67.021. RULE OR RATE CHANGE.

  15. Tex. Transportation Code Sec. 67.022. JUDICIAL REVIEW. Proceedings for judicial review of a board decision shall be brought in a district court in Galveston County.

  16. Tex. Transportation Code Sec. 67.031. LICENSE OR CERTIFICATE REQUIRED. A person may not provide pilot services unless the person has a license or certificate issued under this chapter for the Galveston County ports in which the pilot services are to be provided.

  17. Tex. Transportation Code Sec. 67.032. EXEMPTION. The requirement to use a pilot does not apply to a vessel exempt under federal law from payment of state pilotage rates.

  18. Tex. Transportation Code Sec. 67.033. QUALIFICATIONS FOR LICENSE. To be eligible for a license as a branch pilot, a person must:

  19. Tex. Transportation Code Sec. 67.034. QUALIFICATIONS FOR CERTIFICATE. To be eligible for a certificate as a deputy branch pilot, a person must:

  20. Tex. Transportation Code Sec. 67.035. APPLICATION FOR LICENSE OR CERTIFICATE. To apply for a branch pilot's license or a deputy branch pilot's certificate, a person must give to the board a written application in the form and manner required by board rule.

  21. Tex. Transportation Code Sec. 67.036. CONSIDERATION OF APPLICATION. As part of its consideration of applications for licenses and certificates, the board may examine and decide on the qualifications of an applicant for the position of branch pilot or deputy branch pilot.

  22. Tex. Transportation Code Sec. 67.037. BRANCH PILOT APPOINTMENT BY GOVERNOR.

  23. Tex. Transportation Code Sec. 67.038. DEPUTY BRANCH PILOT APPOINTMENT BY BRANCH PILOT.

  24. Tex. Transportation Code Sec. 67.039. OATH; BOND.

  25. Tex. Transportation Code Sec. 67.040. TERMS OF LICENSES AND CERTIFICATES.

  26. Tex. Transportation Code Sec. 67.041. BRANCH PILOT'S LICENSE RENEWAL.

  27. Tex. Transportation Code Sec. 67.042. DEPUTY BRANCH PILOT. A person who has been issued a deputy branch pilot's certificate may not be issued a deputy branch pilot's certificate before the fifth anniversary of the date the person was previously issued a deputy branch pilot's certificate.

  28. Tex. Transportation Code Sec. 67.043. SUSPENSION OR REVOCATION OF BRANCH PILOT'S LICENSE.

  29. Tex. Transportation Code Sec. 67.044. SUSPENSION OR REVOCATION OF DEPUTY BRANCH PILOT'S CERTIFICATE. A deputy branch pilot certificate may be suspended or revoked by the board in the same manner and for the same reasons as provided for the suspension or revocation of a branch pilot's license by Section 67.043.

  30. Tex. Transportation Code Sec. 67.045. LIABILITY TO PILOT.

  31. Tex. Transportation Code Sec. 67.061. PILOTAGE RATE CHANGE. The board may not change pilotage rates before the first anniversary of the preceding rate change.

  32. Tex. Transportation Code Sec. 67.062. PILOTAGE RATE CHANGE APPLICATION.

  33. Tex. Transportation Code Sec. 67.063. OBJECTION; HEARING.

  34. Tex. Transportation Code Sec. 67.064. BOARD ACTION ON APPLICATION.

  35. Tex. Transportation Code Sec. 67.065. PILOT FINANCIAL REPORT.

  36. Tex. Transportation Code Sec. 67.066. FACTORS FOR BOARD CONSIDERATION. In acting on a pilotage rate change application, the board shall consider:

  37. Tex. Transportation Code Sec. 67.067. BOARD ACTION.

  38. Tex. Transportation Code Sec. 67.068. REPORTING AND STENOGRAPHIC COSTS.

  39. Tex. Transportation Code Sec. 67.069. ORDER FILED.

  40. Tex. Transportation Code Sec. 67.070. EMERGENCY PILOTAGE RATES.

  41. Tex. Transportation Code Sec. 67.071. PILOT SERVICES REQUIRED. The consignee of a vessel under the consignee's control shall obtain pilot services for the vessel and shall pay the pilot who pilots the vessel into and out of the port area compensation according to the pilotage rates filed by the board.

  42. Tex. Transportation Code Sec. 67.072. PILOTAGE RATE LIABILITY.

  43. Tex. Transportation Code Sec. 67.073. RECOVERY OF COMPENSATION. A pilot who offers pilot services to a vessel required under this chapter to obtain pilot services and whose services are refused is entitled to recover from the consignee the pilotage rate for the service.

  44. Tex. Transportation Code Sec. 67.081. PURPOSE. The purpose of this subchapter is to:

  45. Tex. Transportation Code Sec. 67.082. PILOT LIABILITY. A pilot is not liable directly or as a member of an organization of pilots for a claim that:

  46. Tex. Transportation Code Sec. 67.083. PILOT LIABILITY LIMITED.

Chapter 68

  1. Tex. Transportation Code Sec. 68.001. SHORT TITLE. This chapter may be cited as the Brazoria County Pilots Licensing and Regulatory Act.

  2. Tex. Transportation Code Sec. 68.002. DEFINITIONS. In this chapter:

  3. Tex. Transportation Code Sec. 68.003. APPLICABILITY OF CHAPTER.

  4. Tex. Transportation Code Sec. 68.004. VENUE. A suit to enforce a claim, right, or cause of action provided by this chapter shall be brought in Brazoria County.

  5. Tex. Transportation Code Sec. 68.011. BOARD. The board of pilot commissioners for the ports of Brazoria County is composed of the navigation and canal commissioners of the Brazos River Harbor Navigation District of Brazoria County.

  6. Tex. Transportation Code Sec. 68.012. PROHIBITED INTEREST. A person may not be a member of the board if the person, directly or indirectly, is engaged in or has any interest in a pilot boat business, towing business, or other business affected by or connected with the performance of the person's duties as a pilot commissioner.

  7. Tex. Transportation Code Sec. 68.013. OATH. Before beginning service as a board member, each board member must take and sign, before a person authorized to administer oaths, an oath to faithfully and impartially discharge the duties of the office.

  8. Tex. Transportation Code Sec. 68.014. TERM OF OFFICE. A board member serves a term of office that coincides with the member's term as a navigation and canal commissioner.

  9. Tex. Transportation Code Sec. 68.015. JURISDICTION. The board has exclusive jurisdiction over the piloting of vessels in Brazoria County ports, including intermediate stops and landing places for vessels on navigable streams wholly or partially located in the board's jurisdiction.

  10. Tex. Transportation Code Sec. 68.016. ADMINISTRATION; RULES.

  11. Tex. Transportation Code Sec. 68.017. DUTIES. The board shall:

  12. Tex. Transportation Code Sec. 68.018. PILOT REVIEW BOARD. The board shall establish a pilot review board, consisting of two branch pilots and three members of the marine industry who reside in Brazoria County, to hear and review complaints against pilots and to make recommendations to the board concerning the complaints.

  13. Tex. Transportation Code Sec. 68.019. UNFAIR DISCRIMINATION PROHIBITED.

  14. Tex. Transportation Code Sec. 68.020. OPEN MEETINGS LAW. Chapter 551, Government Code, applies to actions and proceedings under this chapter.

  15. Tex. Transportation Code Sec. 68.021. RULE OR RATE CHANGE.

  16. Tex. Transportation Code Sec. 68.022. JUDICIAL REVIEW. Proceedings for judicial review of a board decision shall be brought in a district court in Brazoria County.

  17. Tex. Transportation Code Sec. 68.031. LICENSE OR CERTIFICATE REQUIRED. A person may not provide pilot services unless the person has a license or certificate issued under this chapter for the Brazoria County ports in which the pilot services are to be provided.

  18. Tex. Transportation Code Sec. 68.032. EXEMPTION. The requirement to use a pilot does not apply to a vessel exempt under federal law from payment of state pilotage rates.

  19. Tex. Transportation Code Sec. 68.033. QUALIFICATIONS FOR LICENSE. To be eligible for a license as a branch pilot, a person must:

  20. Tex. Transportation Code Sec. 68.034. QUALIFICATIONS FOR CERTIFICATE. To be eligible for a certificate as a deputy branch pilot, a person must:

  21. Tex. Transportation Code Sec. 68.035. APPLICATION FOR LICENSE OR CERTIFICATE.

  22. Tex. Transportation Code Sec. 68.036. CONSIDERATION OF APPLICATION.

  23. Tex. Transportation Code Sec. 68.037. BRANCH PILOT APPOINTMENT BY GOVERNOR.

  24. Tex. Transportation Code Sec. 68.038. DEPUTY BRANCH PILOT APPOINTMENT BY BRANCH PILOT.

  25. Tex. Transportation Code Sec. 68.039. OATH; BOND.

  26. Tex. Transportation Code Sec. 68.040. TERMS OF LICENSES AND CERTIFICATES.

  27. Tex. Transportation Code Sec. 68.041. BRANCH PILOT'S LICENSE RENEWAL.

  28. Tex. Transportation Code Sec. 68.042. DEPUTY BRANCH PILOT. A person who has been issued a deputy branch pilot's certificate may not be issued a deputy branch pilot's certificate before the fifth anniversary of the date the person was previously issued a deputy branch pilot's certificate.

  29. Tex. Transportation Code Sec. 68.043. HEALTH AND DRUG CERTIFICATION.

  30. Tex. Transportation Code Sec. 68.044. SUSPENSION OR REVOCATION OF BRANCH PILOT'S LICENSE.

  31. Tex. Transportation Code Sec. 68.045. SUSPENSION OR REVOCATION OF DEPUTY BRANCH PILOT'S CERTIFICATE. A deputy branch pilot's certificate may be suspended or revoked by the board in the same manner and for the same reasons as provided for the suspension or revocation of a branch pilot's license by Section 68.044.

  32. Tex. Transportation Code Sec. 68.046. LIABILITY TO PILOT.

  33. Tex. Transportation Code Sec. 68.061. PILOTAGE RATE CHANGE. The board may not change pilotage rates before the first anniversary of the preceding rate change.

  34. Tex. Transportation Code Sec. 68.062. PILOTAGE RATES. Each branch pilot member of the Brazos Pilots Association shall charge the pilotage rates set by the board for pilot services.

  35. Tex. Transportation Code Sec. 68.063. PILOTAGE RATE CHANGE APPLICATION.

  36. Tex. Transportation Code Sec. 68.064. OBJECTION; HEARING.

  37. Tex. Transportation Code Sec. 68.065. BOARD ACTION ON APPLICATION.

  38. Tex. Transportation Code Sec. 68.066. PILOT FINANCIAL REPORT.

  39. Tex. Transportation Code Sec. 68.067. FACTORS FOR BOARD CONSIDERATION. In acting on a pilotage rate change application, the board shall consider:

  40. Tex. Transportation Code Sec. 68.068. BOARD ACTION.

  41. Tex. Transportation Code Sec. 68.069. REPORTING AND STENOGRAPHIC COSTS.

  42. Tex. Transportation Code Sec. 68.070. ORDER FILED.

  43. Tex. Transportation Code Sec. 68.071. EMERGENCY PILOTAGE RATES.

  44. Tex. Transportation Code Sec. 68.072. PILOT SERVICES REQUIRED. The consignee of a vessel under the consignee's control shall obtain pilot services for the vessel and shall pay the pilots who pilot the vessel into and out of the port area compensation according to the pilotage rates filed by the board.

  45. Tex. Transportation Code Sec. 68.073. PILOTAGE RATE LIABILITY.

  46. Tex. Transportation Code Sec. 68.074. RECOVERY OF COMPENSATION. A pilot who offers pilot services to a vessel required under this chapter to obtain pilot services and whose services are refused is entitled to recover from the consignee the pilotage rate for the service.

  47. Tex. Transportation Code Sec. 68.081. PURPOSE. The purpose of this subchapter is to:

  48. Tex. Transportation Code Sec. 68.082. PILOT LIABILITY. A pilot is not liable directly or as a member of an organization of pilots for a claim that:

  49. Tex. Transportation Code Sec. 68.083. PILOT LIABILITY LIMITED.

  50. Tex. Transportation Code Sec. 68.091. PILOTS ASSOCIATION. The Brazos Pilots Association is a nonprofit association whose membership shall include and be limited to the licensed branch pilots for the Brazoria County ports.

  51. Tex. Transportation Code Sec. 68.092. ASSOCIATION PURPOSES. The purposes of the Brazos Pilots Association are:

  52. Tex. Transportation Code Sec. 68.093. OFFICERS.

  53. Tex. Transportation Code Sec. 68.094. TERM OF OFFICE. Each association officer serves a one-year term, beginning on January 1, and continues to serve until a successor has been elected and qualified.

  54. Tex. Transportation Code Sec. 68.095. PROPERTY.

  55. Tex. Transportation Code Sec. 68.096. INDEPENDENT CONTRACTOR. Although each branch pilot is a member of the association, a branch pilot acts as an independent contractor in performing specific pilot services for a vessel owner or consignee. A branch pilot is solely responsible to each vessel owner or consignee for the manner in which the pilot services are performed.

  56. Tex. Transportation Code Sec. 68.097. FEE COLLECTION.

  57. Tex. Transportation Code Sec. 68.098. OPERATING BUDGET. In December of each year, the association shall adopt, by majority vote, a budget for its operations for the next calendar year. The operating budget may be amended at any regular or special meeting of the association.

  58. Tex. Transportation Code Sec. 68.099. SERVICE FEES. Monthly, the association may retain from fees collected on behalf of each branch pilot, as consideration for services rendered, a pro rata share of 1/12th of the association's necessary operating expenses according to its budget.

  59. Tex. Transportation Code Sec. 68.100. FEE DISTRIBUTION. Not later than the 25th day of each month, the association shall distribute to each branch pilot, as provided by association bylaws, a share of the fees collected in the preceding calendar month after deducting:

  60. Tex. Transportation Code Sec. 68.101. ASSOCIATION SERVICES. The association shall provide for the use and benefit of each branch pilot member:

  61. Tex. Transportation Code Sec. 68.102. TRANSFER OF PROPERTY. The association may receive from Brazos Pilot Service, Inc., a conveyance of all real and personal property owned and held by that company if all shareholders of the company consent in writing to the transfer.

  62. Tex. Transportation Code Sec. 68.103. SHARE VALUATION. The value of all assets of the association shall be determined by an appraisal made by one or more qualified appraisers designated by the association president. The value of each share is determined by dividing the total value of all assets of the association by the number of shares outstanding. The value of each share shall be used in a transaction that involves:

  63. Tex. Transportation Code Sec. 68.104. TRANSFER OF SHARES.

  64. Tex. Transportation Code Sec. 68.105. FACILITIES FEE.

  65. Tex. Transportation Code Sec. 68.106. LIMITATION ON SHARE OWNERSHIP.

  66. Tex. Transportation Code Sec. 68.107. RETIREMENT BENEFITS.

Chapter 69

  1. Tex. Transportation Code Sec. 69.001. SHORT TITLE. This chapter may be cited as the Jefferson and Orange County Pilots Licensing and Regulatory Act.

  2. Tex. Transportation Code Sec. 69.002. DEFINITIONS. In this chapter:

  3. Tex. Transportation Code Sec. 69.003. APPLICABILITY OF CHAPTER. This chapter applies only to a Jefferson or Orange County port.

  4. Tex. Transportation Code Sec. 69.011. COMPOSITION OF BOARD.

  5. Tex. Transportation Code Sec. 69.012. PROHIBITED INTEREST. A person may not be a member of the board if the person has a direct or indirect pecuniary interest in a pilot boat or branch pilot in the business of the board's trust.

  6. Tex. Transportation Code Sec. 69.013. OATH. Before beginning service as a board member, each board member must take and sign before a person authorized to administer oaths an oath to faithfully and impartially discharge the duties of the office.

  7. Tex. Transportation Code Sec. 69.014. TERMS OF OFFICE.

  8. Tex. Transportation Code Sec. 69.015. JURISDICTION OF BOARD. The board has exclusive jurisdiction over the pilot services provided in Jefferson or Orange County, including intermediate stops and landing places for vessels on navigable streams wholly or partially located in the board's jurisdiction.

  9. Tex. Transportation Code Sec. 69.016. ADMINISTRATION; RULES.

  10. Tex. Transportation Code Sec. 69.017. DUTIES.

  11. Tex. Transportation Code Sec. 69.018. UNFAIR DISCRIMINATION PROHIBITED.

  12. Tex. Transportation Code Sec. 69.019. OPEN MEETINGS LAW. Chapter 551, Government Code, applies to actions and proceedings under this chapter.

  13. Tex. Transportation Code Sec. 69.020. RULE OR RATE CHANGE.

  14. Tex. Transportation Code Sec. 69.021. CONTESTED CASE NOTICE. The board shall give notice in each contested case to the persons and in the manner provided by Section 69.020(b) that includes the same information as the notice given to the parties in each contested case.

  15. Tex. Transportation Code Sec. 69.022. JUDICIAL REVIEW. Proceedings for judicial review of a board decision shall be brought in a district court in Jefferson County.

  16. Tex. Transportation Code Sec. 69.023. BUDGET; ANNUAL REPORT; AUDITS.

  17. Tex. Transportation Code Sec. 69.024. DEPOSITORY BANK; EXPENDITURE OF FUNDS. The board shall deposit all money received by the board under this chapter, including assessments and grants from governmental agencies, in a bank located in Jefferson or Orange County and selected by the board.

  18. Tex. Transportation Code Sec. 69.031. LICENSES OR CERTIFICATE REQUIRED. A person may not provide pilot services unless the person has a license or certificate issued under this chapter for the Jefferson and Orange County ports in which the pilot services are to be provided.

  19. Tex. Transportation Code Sec. 69.032. EXEMPTIONS. The requirement to use a pilot does not apply to:

  20. Tex. Transportation Code Sec. 69.033. QUALIFICATIONS FOR LICENSE. To be eligible for a license as a branch pilot for the ports within the jurisdiction of the board, a person must:

  21. Tex. Transportation Code Sec. 69.034. QUALIFICATIONS FOR CERTIFICATE. To be eligible for a certificate as a deputy branch pilot, a person must:

  22. Tex. Transportation Code Sec. 69.035. APPLICATION FOR LICENSE OR CERTIFICATE. To apply for a branch pilot's license or a deputy branch pilot's certificate, a person must give the board a written application in the form and manner required by board rule.

  23. Tex. Transportation Code Sec. 69.036. CONSIDERATION OF APPLICATION.

  24. Tex. Transportation Code Sec. 69.037. BRANCH PILOT APPOINTMENT BY GOVERNOR.

  25. Tex. Transportation Code Sec. 69.038. DEPUTY BRANCH PILOT APPOINTMENT BY BRANCH PILOT.

  26. Tex. Transportation Code Sec. 69.039. OATH AND BOND.

  27. Tex. Transportation Code Sec. 69.040. TERMS OF LICENSES AND CERTIFICATES.

  28. Tex. Transportation Code Sec. 69.041. BRANCH PILOT'S LICENSE RENEWAL.

  29. Tex. Transportation Code Sec. 69.042. DEPUTY BRANCH PILOT. A person who has been issued a deputy branch pilot's certificate may not be issued a deputy branch pilot's certificate before the fifth anniversary of the date the person was previously issued a deputy branch pilot's certificate.

  30. Tex. Transportation Code Sec. 69.043. SUSPENSION OR REVOCATION OF BRANCH PILOT'S LICENSE.

  31. Tex. Transportation Code Sec. 69.044. SUSPENSION OR REVOCATION OF DEPUTY BRANCH PILOT'S CERTIFICATE. A deputy branch pilot's certificate may be suspended or revoked by the board in the same manner and for the same reasons as provided for the suspension or revocation of a branch pilot's license by Section 69.043.

  32. Tex. Transportation Code Sec. 69.045. LIABILITY TO PILOT.

  33. Tex. Transportation Code Sec. 69.061. PILOTAGE RATE CHANGE. The board may not change pilotage rates before the first anniversary of the preceding rate change.

  34. Tex. Transportation Code Sec. 69.062. PILOTAGE RATE CHANGE APPLICATION.

  35. Tex. Transportation Code Sec. 69.063. PILOT FINANCIAL REPORT.

  36. Tex. Transportation Code Sec. 69.064. FACTORS FOR BOARD CONSIDERATION. In acting on a pilotage rate change application, the board shall consider:

  37. Tex. Transportation Code Sec. 69.065. RATE DECISION. Not later than the 10th day after the date of the completion of a hearing on an application for a change in pilotage rates, the board shall issue a written decision that:

  38. Tex. Transportation Code Sec. 69.066. COSTS. The board, in a final order under this subchapter, may charge all or part of the costs of processing an application to the parties in the proceedings.

  39. Tex. Transportation Code Sec. 69.067. APPEAL OF BOARD DECISION. Any party aggrieved by a board decision on pilotage rates, after exhausting all administrative remedies, may appeal the order to a court.

  40. Tex. Transportation Code Sec. 69.068. EMERGENCY PILOTAGE RATES.

  41. Tex. Transportation Code Sec. 69.069. PILOT SERVICES REQUIRED. The consignee of a vessel under the consignee's control shall obtain pilot services for the vessel and shall pay the pilot who pilots the vessel into and out of the port area compensation according to the pilotage rates filed by the board.

  42. Tex. Transportation Code Sec. 69.070. PILOTAGE RATE LIABILITY.

  43. Tex. Transportation Code Sec. 69.071. RECOVERY OF COMPENSATION. A pilot who offers pilot services to a vessel required under this chapter to obtain pilot services and whose services are refused is entitled to recover from the consignee the pilotage rate for the services.

  44. Tex. Transportation Code Sec. 69.081. PURPOSE. The purpose of this subchapter is to:

  45. Tex. Transportation Code Sec. 69.082. PILOT LIABILITY. A pilot is not liable directly or as a member of an organization of pilots for a claim that:

  46. Tex. Transportation Code Sec. 69.083. PILOT LIABILITY LIMITED.

Chapter 70

  1. Tex. Transportation Code Sec. 70.001. SHORT TITLE. This chapter may be cited as the Port of Corpus Christi Pilots Licensing and Regulatory Act.

  2. Tex. Transportation Code Sec. 70.002. DEFINITIONS. In this chapter:

  3. Tex. Transportation Code Sec. 70.003. APPLICATION OF ACT.

  4. Tex. Transportation Code Sec. 70.011. COMPOSITION OF BOARD. The board of pilot commissioners for the Port of Corpus Christi is composed of the seven port commissioners for the Port of Corpus Christi Authority.

  5. Tex. Transportation Code Sec. 70.012. PROHIBITED INTEREST. A person may not be a member of the board if the person has a conflict of interest or a direct or indirect interest in any business affected by or connected with the performance of the person's duties as a pilot commissioner.

  6. Tex. Transportation Code Sec. 70.013. OATH. Before beginning service as a board member, each board member must take and sign before a person authorized to administer oaths an oath to faithfully and impartially discharge the duties of the office.

  7. Tex. Transportation Code Sec. 70.014. TERM OF OFFICE.

  8. Tex. Transportation Code Sec. 70.015. JURISDICTION. The board has exclusive jurisdiction over the piloting of vessels in the Port of Corpus Christi, including intermediate stops and landing places for vessels on navigable streams wholly or partially located in the board's jurisdiction.

  9. Tex. Transportation Code Sec. 70.016. ADMINISTRATION AND RULES.

  10. Tex. Transportation Code Sec. 70.017. DUTIES. The board shall:

  11. Tex. Transportation Code Sec. 70.018. PILOT REVIEW BOARD. The board shall establish a pilot review board consisting of two active state-commissioned pilots serving the Port of Corpus Christi, two members of the marine industry, and a chairperson, who, or whose designee, shall be the secretary of the board, to hear and review complaints against pilots and to make recommendations to the board concerning the complaints.

  12. Tex. Transportation Code Sec. 70.019. UNFAIR DISCRIMINATION PROHIBITED.

  13. Tex. Transportation Code Sec. 70.020. OPEN MEETINGS LAW. Chapter 551, Government Code, applies to actions and proceedings under this chapter.

  14. Tex. Transportation Code Sec. 70.021. RULE OR RATE CHANGE.

  15. Tex. Transportation Code Sec. 70.022. JUDICIAL REVIEW. Proceedings for judicial review of a board decision shall be brought in a district court in Nueces County.

  16. Tex. Transportation Code Sec. 70.031. LICENSES OR CERTIFICATE REQUIRED. A person may not provide pilot services unless the person has a license or certificate issued under this chapter for the Port of Corpus Christi.

  17. Tex. Transportation Code Sec. 70.032. QUALIFICATIONS FOR LICENSE. To be eligible for a license as a branch pilot, a person must:

  18. Tex. Transportation Code Sec. 70.033. QUALIFICATIONS FOR CERTIFICATE. To be eligible for a certificate as a deputy branch pilot, a person must:

  19. Tex. Transportation Code Sec. 70.034. APPLICATION FOR LICENSE OR CERTIFICATE. To apply for a branch pilot's license or a deputy branch pilot's certificate, a person must give the board a written application in the form and manner required by board rule.

  20. Tex. Transportation Code Sec. 70.035. CONSIDERATION OF APPLICATION. As part of its consideration of applications for licenses, the board may examine and decide on the qualifications of an applicant for the position of branch pilot.

  21. Tex. Transportation Code Sec. 70.036. BRANCH PILOT APPOINTMENT BY GOVERNOR.

  22. Tex. Transportation Code Sec. 70.037. DEPUTY BRANCH PILOT APPOINTMENT BY BRANCH PILOT.

  23. Tex. Transportation Code Sec. 70.038. OATH AND BOND.

  24. Tex. Transportation Code Sec. 70.039. TERMS OF LICENSES AND CERTIFICATES.

  25. Tex. Transportation Code Sec. 70.040. BRANCH PILOT'S LICENSE RENEWAL.

  26. Tex. Transportation Code Sec. 70.041. DEPUTY BRANCH PILOT. A person who has been issued a deputy branch pilot's certificate may not be issued a deputy branch pilot's certificate before the fifth anniversary of the date the person was previously issued a deputy branch pilot's certificate.

  27. Tex. Transportation Code Sec. 70.042. SUSPENSION OR REVOCATION OF BRANCH PILOT'S LICENSE.

  28. Tex. Transportation Code Sec. 70.043. SUSPENSION OR REVOCATION OF DEPUTY BRANCH PILOT'S CERTIFICATE. A deputy branch pilot certificate may be suspended or revoked by the board in the same manner and for the same reasons as provided for the suspension or revocation of a branch pilot's license by Section 70.042.

  29. Tex. Transportation Code Sec. 70.044. LIABILITY TO PILOT.

  30. Tex. Transportation Code Sec. 70.061. PILOTAGE RATE CHANGE.

  31. Tex. Transportation Code Sec. 70.062. PILOTAGE RATE CHANGE APPLICATION.

  32. Tex. Transportation Code Sec. 70.063. OBJECTION; HEARING.

  33. Tex. Transportation Code Sec. 70.064. BOARD ACTION ON APPLICATION.

  34. Tex. Transportation Code Sec. 70.065. PILOT FINANCIAL REPORT.

  35. Tex. Transportation Code Sec. 70.066. FACTORS FOR BOARD CONSIDERATION. In acting on a pilotage rate change application, the board shall consider:

  36. Tex. Transportation Code Sec. 70.067. BOARD ACTION.

  37. Tex. Transportation Code Sec. 70.068. REPORTING AND STENOGRAPHIC COSTS.

  38. Tex. Transportation Code Sec. 70.069. ORDER FILED.

  39. Tex. Transportation Code Sec. 70.070. EMERGENCY PILOTAGE RATES.

  40. Tex. Transportation Code Sec. 70.071. PILOT SERVICES REQUIRED. The consignee of a vessel under the consignee's control shall obtain pilot services for the vessel and shall pay the pilot who pilots the vessel into and out of the port area compensation according to the pilotage rates filed by the board.

  41. Tex. Transportation Code Sec. 70.072. LIABILITY.

  42. Tex. Transportation Code Sec. 70.081. PURPOSE. The purpose of this subchapter is to:

  43. Tex. Transportation Code Sec. 70.082. PILOT LIABILITY. A pilot is not liable directly or as a member of an organization of pilots for a claim that:

  44. Tex. Transportation Code Sec. 70.083. PILOTS LIABILITY LIMITED.

Chapter 71

  1. Tex. Transportation Code Sec. 71.001. DEFINITIONS. In this chapter:

  2. Tex. Transportation Code Sec. 71.002. APPLICABILITY OF CHAPTER. This chapter applies only to:

  3. Tex. Transportation Code Sec. 71.051. PILOT BOARD; COMMISSIONERS OF PILOTS.

  4. Tex. Transportation Code Sec. 71.052. TERM OF OFFICE. The term of office of a commissioner of pilots of the pilot board of a navigation district in Cameron County coincides with the person's term as a navigation and canal commissioner of that navigation district.

  5. Tex. Transportation Code Sec. 71.053. DISQUALIFICATION. A person may not be a commissioner of pilots of the pilot board of a navigation district in Cameron County if the person is engaged directly or indirectly in:

  6. Tex. Transportation Code Sec. 71.054. JURISDICTION. The pilot board of a navigation district in Cameron County has exclusive jurisdiction over the pilotage of a vessel between the Gulf of Mexico and a port of that navigation district, including an intermediate stop or landing place on a navigable stream in that navigation district.

  7. Tex. Transportation Code Sec. 71.055. POWERS OF PILOT BOARDS. The pilot board of a navigation district in Cameron County may:

  8. Tex. Transportation Code Sec. 71.101. PILOT QUALIFICATIONS. The pilot board of a navigation district in Cameron County shall examine and determine the qualifications of each applicant for the position of branch pilot or deputy branch pilot in that navigation district before licensing the branch pilot or certifying the deputy branch pilot, as applicable.

  9. Tex. Transportation Code Sec. 71.102. QUALIFICATIONS FOR LICENSE AS BRANCH PILOT. To be eligible for a license as a branch pilot in the jurisdiction of the pilot board of a navigation district in Cameron County, a person must:

  10. Tex. Transportation Code Sec. 71.103. QUALIFICATIONS FOR CERTIFICATE AS DEPUTY BRANCH PILOT. To be eligible for a certificate as a deputy branch pilot in the jurisdiction of the pilot board of a navigation district in Cameron County, a person must:

  11. Tex. Transportation Code Sec. 71.104. OATH; BOND.

  12. Tex. Transportation Code Sec. 71.105. ISSUANCE OF BRANCH PILOT LICENSE.

  13. Tex. Transportation Code Sec. 71.106. TERM OF BRANCH PILOT'S COMMISSION.

  14. Tex. Transportation Code Sec. 71.107. APPOINTMENT OF DEPUTY BRANCH PILOT.

  15. Tex. Transportation Code Sec. 71.108. SUSPENSION OR DISMISSAL OF PILOT. The pilot board of a navigation district in Cameron County may suspend or dismiss a pilot only:

  16. Tex. Transportation Code Sec. 71.151. APPLICABILITY OF PILOTAGE CHARGES TO CERTAIN VESSELS.

  17. Tex. Transportation Code Sec. 71.152. PILOTAGE CHARGES.

  18. Tex. Transportation Code Sec. 71.153. CONSIGNEE LIABILITY FOR PILOT SERVICES. The consignee of a vessel is liable to a pilot for the pilotage of the vessel under this chapter.

  19. Tex. Transportation Code Sec. 71.154. LIABILITY OF CERTAIN VESSELS DECLINING PILOT SERVICES.

  20. Tex. Transportation Code Sec. 71.155. UNAUTHORIZED PILOT LIABILITY. A person, other than a pilot, who provides pilot services to a vessel under way or otherwise moving for which a pilot is required out of or into a port, channel, or waterway under the exclusive jurisdiction of the pilot board of a navigation district in Cameron County is liable to any pilot authorized to provide pilot services in the port, channel, or waterway for a payment of twice the current rate that would be charged under the pilot's schedule of pilotage rates for the pilot services.

  21. Tex. Transportation Code Sec. 71.156. RECOVERY OF PILOTAGE CHARGES.

  22. Tex. Transportation Code Sec. 71.201. PURPOSE. The purpose of this subchapter is to:

  23. Tex. Transportation Code Sec. 71.202. PILOT LIABILITY. A pilot serving in the jurisdiction of the pilot board of a navigation district in Cameron County is not liable directly or as a member of an organization of pilots for any claim that:

  24. Tex. Transportation Code Sec. 71.203. PILOT LIABILITY LIMITED.

Chapter 81

  1. Tex. Transportation Code Sec. 81.001. DEFINITIONS. In this title:

  2. Tex. Transportation Code Sec. 81.002. APPLICABILITY. In this title, a reference to a railroad company includes:

Chapter 91

  1. Tex. Transportation Code Sec. 91.001. DEFINITIONS. In this chapter:

  2. Tex. Transportation Code Sec. 91.002. PUBLIC PURPOSE. The following functions are public and governmental functions, exercised for a public purpose, and matters of public necessity:

  3. Tex. Transportation Code Sec. 91.003. RULES. The commission may adopt rules and the department may adopt procedures and prescribe forms necessary to implement this chapter.

  4. Tex. Transportation Code Sec. 91.004. GENERAL POWERS.

  5. Tex. Transportation Code Sec. 91.005. RELIANCE ON PRIVATE ENTITIES. The department shall contract with a private entity to operate a railroad using facilities owned by the department and may not use department employees to operate a railroad. The department may maintain a railroad facility directly or through a private entity. The department may not own rolling stock.

  6. Tex. Transportation Code Sec. 91.006. COOPERATION OF STATE AGENCIES AND POLITICAL SUBDIVISIONS. Within available resources, an agency or political subdivision of this state shall cooperate with and assist the department in exercising its powers and duties under this chapter.

  7. Tex. Transportation Code Sec. 91.007. NOTIFICATION OF INTENT TO ABANDON OR DISCONTINUE SERVICE. On receipt of notice of intent to abandon or discontinue rail service served under 49 C.F.R. Section 1152.20, as amended, the department shall coordinate with the governing body of a municipality, county, or rural rail transportation district in which all or a segment of the line is located to determine whether:

  8. Tex. Transportation Code Sec. 91.031. ESTABLISHMENT OF RAIL SYSTEMS.

  9. Tex. Transportation Code Sec. 91.032. ACQUISITION OF RAIL FACILITIES.

  10. Tex. Transportation Code Sec. 91.033. ENVIRONMENTAL REVIEW.

  11. Tex. Transportation Code Sec. 91.034. ENVIRONMENTAL MITIGATION.

  12. Tex. Transportation Code Sec. 91.035. USE OF FACILITIES BELONGING TO PUBLIC OR PRIVATE ENTITY.

  13. Tex. Transportation Code Sec. 91.036. EXPENDITURE OF FUNDS. Subject to Section 91.071(b), the department may receive, accept, and expend funds from this state, a federal agency, or other public or private source for:

  14. Tex. Transportation Code Sec. 91.0361. CERTAIN FREIGHT RAILROAD PROJECTS.

  15. Tex. Transportation Code Sec. 91.037. CONTRACTS WITH GOVERNMENTAL ENTITIES. This chapter does not apply to real or personal property, facilities, funding, projects, operations, construction, or a project plan of a transportation authority created under Chapter 451, 452, or 460 unless the commission or its designee has signed a written agreement with the transportation authority specifying the terms and conditions under which the transportation authority may participate.

  16. Tex. Transportation Code Sec. 91.051. AWARDING OF CONTRACTS. Except for a contract entered into under Section 91.052, 91.054, or 91.102, a contract made by the department for the construction, maintenance, or operation of a rail facility must be let by a competitive bidding procedure in which the contract is awarded to the lowest responsible bidder that complies with the department's criteria.

  17. Tex. Transportation Code Sec. 91.052. AGREEMENTS TO CONSTRUCT, MAINTAIN, AND OPERATE RAIL FACILITIES. The department may enter into an agreement with a public entity, including a political subdivision of this state, to permit the entity, independently or jointly with the department, to acquire, construct, maintain, or operate a rail facility or system.

  18. Tex. Transportation Code Sec. 91.053. SMALL AND DISADVANTAGED BUSINESSES.

  19. Tex. Transportation Code Sec. 91.054. COMPREHENSIVE DEVELOPMENT AGREEMENTS.

  20. Tex. Transportation Code Sec. 91.071. FUNDING.

  21. Tex. Transportation Code Sec. 91.072. FINANCING OF RAIL FACILITIES AND SYSTEMS.

  22. Tex. Transportation Code Sec. 91.073. GRANTS AND LOANS. The department may apply for, accept, and expend money from grants, loans, or reimbursements for any purpose of this chapter, including paying for the cost of the acquisition, construction, maintenance, and operation of a rail facility or system.

  23. Tex. Transportation Code Sec. 91.074. REVENUE.

  24. Tex. Transportation Code Sec. 91.075. PASS-THROUGH FARES.

  25. Tex. Transportation Code Sec. 91.091. ACQUISITION OF REAL PROPERTY.

  26. Tex. Transportation Code Sec. 91.092. PROPERTY NECESSARY OR CONVENIENT FOR RAIL FACILITIES. Property necessary or convenient for the department's acquisition, construction, maintenance, or operation of rail facilities includes an interest in real property or a property right the commission determines is necessary or convenient to provide:

  27. Tex. Transportation Code Sec. 91.093. RIGHT OF ENTRY.

  28. Tex. Transportation Code Sec. 91.094. CONVEYANCE OF PROPERTY BELONGING TO POLITICAL SUBDIVISION OR PUBLIC AGENCY. The governing body of a municipality, county, political subdivision, or public agency may, without advertisement, convey the title to or a right in property determined to be necessary or convenient by the department under this subchapter.

  29. Tex. Transportation Code Sec. 91.095. DISPOSAL OF PROPERTY. The department may sell, convey, or otherwise dispose of any rights or other interests in real property acquired under this subchapter that the commission determines are no longer needed for department purposes.

  30. Tex. Transportation Code Sec. 91.101. CONTRACTS FOR RAIL TRANSPORTATION SERVICES. The department may contract with a county or other political subdivision of the state for the department to provide rail transportation services on terms agreed to by the parties.

  31. Tex. Transportation Code Sec. 91.102. CONTRACTS WITH RAIL OPERATORS.

  32. Tex. Transportation Code Sec. 91.103. JOINT USE OF RAIL FACILITIES. The department may:

  33. Tex. Transportation Code Sec. 91.104. ROUTINGS. The department may determine routings for rail facilities acquired, constructed, or operated by the department under this chapter.

  34. Tex. Transportation Code Sec. 91.105. PLACEMENT OF UTILITY FACILITIES, LINES, AND EQUIPMENT.

  35. Tex. Transportation Code Sec. 91.106. OPERATIONS DURING CERTAIN EMERGENCIES.

Chapter 111

  1. Tex. Transportation Code Sec. 111.001. DEFINITION OF PERSON. In this chapter:

  2. Tex. Transportation Code Sec. 111.002. POWER AND AUTHORITY. To the extent not preempted by federal law, the department:

  3. Tex. Transportation Code Sec. 111.003. TRANSFER OF RAILROAD AUTHORITY. On October 1, 2005, all powers and duties of the Railroad Commission of Texas that related primarily to railroads and the regulation of railroads and that existed on that date were transferred to the department, as provided by Chapter 281, Acts of the 79th Legislature, Regular Session, 2005.

  4. Tex. Transportation Code Sec. 111.004. REFERENCE TO RAILROAD COMMISSION. Any reference in law to the Railroad Commission of Texas that relates primarily to railroads and the regulation of railroads means the department.

  5. Tex. Transportation Code Sec. 111.051. INSPECTION OF BOOKS AND PAPERS; PENALTY.

  6. Tex. Transportation Code Sec. 111.052. INFORMATION SOLICITED BY DEPARTMENT.

  7. Tex. Transportation Code Sec. 111.053. REFUSAL TO ANSWER BY RAILROAD COMPANY OFFICER OR EMPLOYEE; CRIMINAL PENALTY.

  8. Tex. Transportation Code Sec. 111.054. REFUSAL TO ANSWER BY RAILROAD COMPANY; PENALTY.

  9. Tex. Transportation Code Sec. 111.055. WITNESSES.

  10. Tex. Transportation Code Sec. 111.056. DEPOSITIONS.

  11. Tex. Transportation Code Sec. 111.057. PENALTY NOT OTHERWISE PROVIDED. A railway company doing business in this state is liable to the state for a penalty of not more than $5,000 each time the railway company:

  12. Tex. Transportation Code Sec. 111.058. SUITS FOR PENALTY.

  13. Tex. Transportation Code Sec. 111.059. INFORMATION ON CERTAIN HIGH-SPEED RAIL PROJECTS.

  14. Tex. Transportation Code Sec. 111.101. IMPLEMENTATION OF FEDERAL SAFETY LAWS; FEES.

  15. Tex. Transportation Code Sec. 111.102. HAZARDOUS MATERIALS INSPECTIONS.

  16. Tex. Transportation Code Sec. 111.103. HIGH-SPEED RAIL SAFETY STANDARDS.

Chapter 112

  1. Tex. Transportation Code Sec. 112.001. DEFINITION OF PERSON. In this chapter:

  2. Tex. Transportation Code Sec. 112.002. GENERAL RIGHTS OF RAILROADS.

  3. Tex. Transportation Code Sec. 112.003. DAMAGES. A railroad subject to this subtitle or Subtitle D is liable to a person, firm, or corporation injured for the damages resulting from:

  4. Tex. Transportation Code Sec. 112.051. ENTRY ONTO PRIVATE PROPERTY.

  5. Tex. Transportation Code Sec. 112.052. ACQUISITION OF PROPERTY FOR CHANGE, RELOCATION, OR ABANDONMENT OF RAILROAD LINE.

  6. Tex. Transportation Code Sec. 112.053. CONDEMNATION OF PROPERTY: WHEN RAILROAD COMPANY AND OWNER DISAGREE.

  7. Tex. Transportation Code Sec. 112.054. CONDEMNATION OF PROPERTY: CERTAIN TERMINAL SWITCHING RAILROADS.

  8. Tex. Transportation Code Sec. 112.055. RIGHT-OF-WAY ACQUIRED BY CONDEMNATION.

  9. Tex. Transportation Code Sec. 112.056. CONDEMNATION OF PROPERTY FOR CERTAIN ROADS.

  10. Tex. Transportation Code Sec. 112.057. CONSTRUCTION ON OR NEAR CERTAIN WATERWAYS OR ROADS.

  11. Tex. Transportation Code Sec. 112.058. INTERSECTION OF RAIL LINE AND ROAD OR STREET. Sections 112.051, 112.053, 112.054, 112.055, 112.057, 112.059, and 112.061 do not affect a law that requires a railroad company to provide a proper crossing at each intersection of a road or street.

  12. Tex. Transportation Code Sec. 112.059. CROSSINGS OF PUBLIC ROADS.

  13. Tex. Transportation Code Sec. 112.060. CONVERSION OF PROPERTY IN CUSTODY OF RAILROAD COMPANY.

  14. Tex. Transportation Code Sec. 112.061. SUIT INVOLVING RAILROAD COMPANY PROPERTY.

  15. Tex. Transportation Code Sec. 112.062. RAILROAD COMPANY PROPERTY SUBJECT TO EXECUTION; CHARACTERIZATION OF ROLLING STOCK.

  16. Tex. Transportation Code Sec. 112.101. CATTLE GUARDS.

  17. Tex. Transportation Code Sec. 112.102. LIABILITY FOR DEATH OR INJURY TO STOCK.

  18. Tex. Transportation Code Sec. 112.103. DUTY TO STOP AND RENDER AID; OFFENSE.

  19. Tex. Transportation Code Sec. 112.151. APPLICABILITY OF SUBCHAPTER. Notwithstanding any other law, this subchapter does not apply to the portion of a person's, receiver's, or corporation's operations that:

  20. Tex. Transportation Code Sec. 112.152. LIABILITY GENERALLY FOR INJURY TO OR DEATH OF EMPLOYEE.

  21. Tex. Transportation Code Sec. 112.153. CONTRIBUTORY NEGLIGENCE.

  22. Tex. Transportation Code Sec. 112.154. ASSUMED RISK.

  23. Tex. Transportation Code Sec. 112.155. CERTAIN PROVISIONS VOID. A provision of a contract, rule, or device the purpose of which is to exempt a railroad operator from liability under Section 112.152 is void to the extent of the purported exemption.

  24. Tex. Transportation Code Sec. 112.156. LIABILITY OFFSET. In an action against a railroad operator under Section 112.152, the railroad operator may offset the railroad operator's liability by the amount of the railroad operator's contribution or payment to any insurance, relief benefit, or indemnity from which benefits have been paid to the injured employee or another person entitled to the benefits as a result of the injury or death that is the subject of the action.

  25. Tex. Transportation Code Sec. 112.157. CONSTRUCTION OF CERTAIN SECTIONS.

  26. Tex. Transportation Code Sec. 112.158. INJURY TO FELLOW SERVANT.

  27. Tex. Transportation Code Sec. 112.201. DEFINITION. In this subchapter, "high-speed rail" means passenger rail service that is reasonably expected to reach speeds of at least 110 miles per hour.

  28. Tex. Transportation Code Sec. 112.202. APPLICABILITY. This subchapter applies only to high-speed rail operated by a private entity.

  29. Tex. Transportation Code Sec. 112.203. DEPARTMENT OF PUBLIC SAFETY POWERS AND DUTIES.

  30. Tex. Transportation Code Sec. 112.204. SECURITY.

  31. Tex. Transportation Code Sec. 112.205. COORDINATION WITH OTHER ENTITIES.

Chapter 131

  1. Tex. Transportation Code Sec. 131.001. DEFINITION OF PERSON. In this chapter:

  2. Tex. Transportation Code Sec. 131.011. DEFINITION. In this subchapter, "interurban electric railway company" means a corporation chartered under the laws of this state to conduct and operate an electric railway between two municipalities in this state.

  3. Tex. Transportation Code Sec. 131.012. EMINENT DOMAIN. A corporation chartered for the purpose of constructing, acquiring, maintaining, or operating lines of electric railway between municipalities in this state for the transportation of freight, passengers, or both freight and passengers may:

  4. Tex. Transportation Code Sec. 131.013. RIGHT-OF-WAY.

  5. Tex. Transportation Code Sec. 131.014. CONSTRUCTION OF RAILWAY ALONG OR OVER WATERWAY OR INFRASTRUCTURE.

  6. Tex. Transportation Code Sec. 131.015. USE OF ELECTRIC STREET RAILWAY TRACKS.

  7. Tex. Transportation Code Sec. 131.016. TIME REQUIRED FOR CONSTRUCTION. The rights secured under this chapter by an interurban electric railway company are void unless the road to be constructed under the charter of the company is fully constructed from one municipality to another within 12 months of the date of the final judgment awarding the company an easement or right-of-way under Section 131.015.

  8. Tex. Transportation Code Sec. 131.017. USE OF CONDEMNED TRACK.

  9. Tex. Transportation Code Sec. 131.031. DEFINITION. In this subchapter, "interurban railway" means an electric or other interurban line of railway in this state.

  10. Tex. Transportation Code Sec. 131.032. ACQUISITION OF RAILWAY PROPERTY AUTHORIZED.

  11. Tex. Transportation Code Sec. 131.033. MUNICIPAL CONSENT REQUIRED.

  12. Tex. Transportation Code Sec. 131.034. USE OF STREET RAILWAYS. A corporation authorized to construct, acquire, and operate an interurban railway and a corporation owning and operating a street railway may enter into a trackage or lease contract to allow for continuous passage into or through a municipality, subject to the consent of the governing body of the municipality.

  13. Tex. Transportation Code Sec. 131.035. LIMITATION ON ACQUISITION. A corporation described by this subchapter may not:

  14. Tex. Transportation Code Sec. 131.061. INTERURBAN ELECTRIC RAILWAYS. An interurban electric railway company, as defined by Section 131.011, is entitled to produce, supply, and sell electric light and power to the public and to municipalities.

  15. Tex. Transportation Code Sec. 131.062. SUPPLY AND SALE OF ELECTRICITY BY STREET, SUBURBAN, OR BELT LINE RAILWAY. A corporation organized under the general laws of this state that owns or operates with electric power any street or suburban railway or belt line of railways in and near a municipality for the transportation of freight and passengers within this state may:

  16. Tex. Transportation Code Sec. 131.101. APPLICABILITY. This subchapter applies only to a person or corporation owning or operating a street railway in or on the public streets of a municipality with a population of 40,000 or more.

  17. Tex. Transportation Code Sec. 131.102. CHILDREN YOUNGER THAN 13 YEARS OF AGE.

  18. Tex. Transportation Code Sec. 131.103. STUDENTS.

  19. Tex. Transportation Code Sec. 131.104. CHILDREN YOUNGER THAN SIX YEARS OF AGE. The owner or operator of a street railway shall transport free of charge a child younger than six years of age when attended by a passenger who is at least six years of age.

  20. Tex. Transportation Code Sec. 131.105. TRANSFER RIGHTS. The owner or operator of a street railway shall offer a passenger paying a reduced fare or no fare under this subchapter the same rights as to the use of transfers issued by the owner or operator's line or other lines as offered to a passenger paying full fare.

  21. Tex. Transportation Code Sec. 131.901. STREET AND SUBURBAN RAILWAYS.

  22. Tex. Transportation Code Sec. 131.902. FREIGHT INTERURBAN RAILWAYS.

  23. Tex. Transportation Code Sec. 131.903. BUILDINGS AND OTHER FACILITIES: CERTAIN RAILWAYS. A corporation organized before September 1, 1925, under any law of this state, that operates a line of electric, gas or gasoline, denatured alcohol, or naphtha motor railway in and between municipalities in this state, may:

  24. Tex. Transportation Code Sec. 131.904. MOTOR BUS LINES.

Chapter 545

  1. Tex. Transportation Code Sec. 545.001. DEFINITIONS. In this chapter:

  2. Tex. Transportation Code Sec. 545.002. OPERATOR. In this chapter, a reference to an operator includes a reference to the vehicle operated by the operator if the reference imposes a duty or provides a limitation on the movement or other operation of that vehicle.

  3. Tex. Transportation Code Sec. 545.051. DRIVING ON RIGHT SIDE OF ROADWAY.

  4. Tex. Transportation Code Sec. 545.052. DRIVING PAST VEHICLE MOVING IN OPPOSITE DIRECTION. An operator moving in the opposite direction of the movement of another operator shall:

  5. Tex. Transportation Code Sec. 545.053. PASSING TO THE LEFT; RETURN; BEING PASSED.

  6. Tex. Transportation Code Sec. 545.054. PASSING TO THE LEFT: SAFE DISTANCE.

  7. Tex. Transportation Code Sec. 545.055. PASSING TO THE LEFT: PASSING ZONES.

  8. Tex. Transportation Code Sec. 545.056. DRIVING TO LEFT OF CENTER OF ROADWAY: LIMITATIONS OTHER THAN PASSING.

  9. Tex. Transportation Code Sec. 545.057. PASSING TO THE RIGHT.

  10. Tex. Transportation Code Sec. 545.058. DRIVING ON IMPROVED SHOULDER.

  11. Tex. Transportation Code Sec. 545.059. ONE-WAY ROADWAYS AND ROTARY TRAFFIC ISLANDS.

  12. Tex. Transportation Code Sec. 545.060. DRIVING ON ROADWAY LANED FOR TRAFFIC.

  13. Tex. Transportation Code Sec. 545.0605. OPERATION OF MOTORCYCLES ON ROADWAY LANED FOR TRAFFIC.

  14. Tex. Transportation Code Sec. 545.061. DRIVING ON MULTIPLE-LANE ROADWAY. On a roadway divided into three or more lanes and providing for one-way movement of traffic, an operator entering a lane of traffic from a lane to the right shall yield the right-of-way to a vehicle entering the same lane of traffic from a lane to the left.

  15. Tex. Transportation Code Sec. 545.062. FOLLOWING DISTANCE.

  16. Tex. Transportation Code Sec. 545.063. DRIVING ON DIVIDED HIGHWAY.

  17. Tex. Transportation Code Sec. 545.064. RESTRICTED ACCESS. An operator may not drive on or from a limited-access or controlled-access roadway except at an entrance or exit that is established by a public authority.

  18. Tex. Transportation Code Sec. 545.065. STATE AND LOCAL REGULATION OF LIMITED-ACCESS OR CONTROLLED-ACCESS HIGHWAYS.

  19. Tex. Transportation Code Sec. 545.0651. RESTRICTION ON USE OF HIGHWAY.

  20. Tex. Transportation Code Sec. 545.0652. COUNTY RESTRICTION ON USE OF HIGHWAY.

  21. Tex. Transportation Code Sec. 545.0653. RESTRICTION ON USE OF HIGHWAY IN MAINTENANCE OR CONSTRUCTION WORK ZONE.

  22. Tex. Transportation Code Sec. 545.066. PASSING A SCHOOL BUS; OFFENSE.

  23. Tex. Transportation Code Sec. 545.101. TURNING AT INTERSECTION.

  24. Tex. Transportation Code Sec. 545.102. TURNING ON CURVE OR CREST OF GRADE. An operator may not turn the vehicle to move in the opposite direction when approaching a curve or the crest of a grade if the vehicle is not visible to the operator of another vehicle approaching from either direction within 500 feet.

  25. Tex. Transportation Code Sec. 545.103. SAFELY TURNING. An operator may not turn the vehicle to enter a private road or driveway, otherwise turn the vehicle from a direct course, or move right or left on a roadway unless movement can be made safely.

  26. Tex. Transportation Code Sec. 545.104. SIGNALING TURNS; USE OF TURN SIGNALS.

  27. Tex. Transportation Code Sec. 545.105. SIGNALING STOPS. An operator may not stop or suddenly decrease the speed of the vehicle without first giving a stop signal as provided by this subchapter to the operator of a vehicle immediately to the rear when there is an opportunity to give the signal.

  28. Tex. Transportation Code Sec. 545.106. SIGNALS BY HAND AND ARM OR BY SIGNAL LAMP.

  29. Tex. Transportation Code Sec. 545.107. METHOD OF GIVING HAND AND ARM SIGNALS. An operator who is permitted to give a hand and arm signal shall give the signal from the left side of the vehicle as follows:

  30. Tex. Transportation Code Sec. 545.151. VEHICLE APPROACHING OR ENTERING INTERSECTION.

  31. Tex. Transportation Code Sec. 545.152. VEHICLE TURNING LEFT. To turn left at an intersection or into an alley or private road or driveway, an operator shall yield the right-of-way to a vehicle that is approaching from the opposite direction and that is in the intersection or in such proximity to the intersection as to be an immediate hazard.

  32. Tex. Transportation Code Sec. 545.153. VEHICLE ENTERING STOP OR YIELD INTERSECTION.

  33. Tex. Transportation Code Sec. 545.154. VEHICLE ENTERING OR LEAVING LIMITED-ACCESS OR CONTROLLED-ACCESS HIGHWAY. An operator on an access or feeder road of a limited-access or controlled-access highway shall yield the right-of-way to a vehicle entering or about to enter the access or feeder road from the highway or leaving or about to leave the access or feeder road to enter the highway.

  34. Tex. Transportation Code Sec. 545.155. VEHICLE ENTERING HIGHWAY FROM PRIVATE ROAD OR DRIVEWAY. An operator about to enter or cross a highway from an alley, building, or private road or driveway shall yield the right-of-way to a vehicle approaching on the highway to be entered.

  35. Tex. Transportation Code Sec. 545.156. VEHICLE APPROACHED BY AUTHORIZED EMERGENCY VEHICLE.

  36. Tex. Transportation Code Sec. 545.157. PASSING CERTAIN VEHICLES.

  37. Tex. Transportation Code Sec. 545.201. PASSING STREETCAR TO LEFT.

  38. Tex. Transportation Code Sec. 545.202. PASSING STREETCAR TO RIGHT.

  39. Tex. Transportation Code Sec. 545.203. DRIVING ON STREETCAR TRACKS.

  40. Tex. Transportation Code Sec. 545.204. STREETCAR APPROACHED BY AUTHORIZED EMERGENCY VEHICLE.

  41. Tex. Transportation Code Sec. 545.205. CROSSING FIRE HOSE. An operator of a streetcar may not, without the consent of the fire department official in command, drive over an unprotected hose of a fire department when the hose is on a streetcar track and intended for use at a fire or alarm of fire.

  42. Tex. Transportation Code Sec. 545.206. OBSTRUCTION OF OPERATOR'S VIEW OR DRIVING MECHANISM. A passenger in a streetcar may not ride in a position that interferes with the operator's view ahead or to the side or with control over the driving mechanism of the streetcar.

  43. Tex. Transportation Code Sec. 545.251. OBEDIENCE TO SIGNAL INDICATING APPROACH OF TRAIN OR OTHER ON-TRACK EQUIPMENT.

  44. Tex. Transportation Code Sec. 545.252. ALL VEHICLES TO STOP AT CERTAIN RAILROAD GRADE CROSSINGS.

  45. Tex. Transportation Code Sec. 545.253. BUSES TO STOP AT ALL RAILROAD GRADE CROSSINGS.

  46. Tex. Transportation Code Sec. 545.2535. SCHOOL BUSES TO STOP AT ALL RAILROAD GRADE CROSSINGS.

  47. Tex. Transportation Code Sec. 545.254. VEHICLES CARRYING EXPLOSIVE SUBSTANCES OR FLAMMABLE LIQUIDS.

  48. Tex. Transportation Code Sec. 545.255. MOVING HEAVY EQUIPMENT AT RAILROAD GRADE CROSSINGS.

  49. Tex. Transportation Code Sec. 545.2555. REPORT AND INVESTIGATION OF CERTAIN RAILROAD CROSSING VIOLATIONS.

  50. Tex. Transportation Code Sec. 545.256. EMERGING FROM AN ALLEY, DRIVEWAY, OR BUILDING. An operator emerging from an alley, driveway, or building in a business or residence district shall:

  51. Tex. Transportation Code Sec. 545.301. STOPPING, STANDING, OR PARKING OUTSIDE A BUSINESS OR RESIDENCE DISTRICT.

  52. Tex. Transportation Code Sec. 545.302. STOPPING, STANDING, OR PARKING PROHIBITED IN CERTAIN PLACES.

  53. Tex. Transportation Code Sec. 545.303. ADDITIONAL PARKING REGULATIONS.

  54. Tex. Transportation Code Sec. 545.304. MOVING THE VEHICLE OF ANOTHER; UNLAWFUL PARKING. A person may not move a vehicle that is not lawfully under the person's control:

  55. Tex. Transportation Code Sec. 545.305. AUTHORIZED REMOVAL OF CERTAIN MOTOR VEHICLES.

  56. Tex. Transportation Code Sec. 545.3051. REMOVAL OF PERSONAL PROPERTY FROM ROADWAY OR RIGHT-OF-WAY.

  57. Tex. Transportation Code Sec. 545.306. REGULATION OF TOWING COMPANIES IN CERTAIN COUNTIES.

  58. Tex. Transportation Code Sec. 545.307. OVERNIGHT PARKING OF COMMERCIAL MOTOR VEHICLE IN OR NEAR RESIDENTIAL SUBDIVISION.

  59. Tex. Transportation Code Sec. 545.3075. OVERNIGHT PARKING OF COMMERCIAL MOTOR VEHICLE NEAR CERTAIN APARTMENT COMPLEXES.

  60. Tex. Transportation Code Sec. 545.308. PRESUMPTION. The governing body of a local authority, by ordinance, order, or other official action, may provide that in a prosecution for an offense under this subchapter involving the stopping, standing, or parking of an unattended motor vehicle it is presumed that the registered owner of the vehicle is the person who stopped, stood, or parked the vehicle at the time and place the offense occurred.

  61. Tex. Transportation Code Sec. 545.351. MAXIMUM SPEED REQUIREMENT.

  62. Tex. Transportation Code Sec. 545.352. PRIMA FACIE SPEED LIMITS.

  63. Tex. Transportation Code Sec. 545.353. AUTHORITY OF TEXAS TRANSPORTATION COMMISSION TO ALTER SPEED LIMITS.

  64. Tex. Transportation Code Sec. 545.3531. AUTHORITY OF DISTRICT ENGINEER TO TEMPORARILY LOWER SPEED LIMIT AT HIGHWAY MAINTENANCE ACTIVITY SITE.

  65. Tex. Transportation Code Sec. 545.3535. AUTHORITY OF TEXAS TRANSPORTATION COMMISSION TO ALTER SPEED LIMITS ON CERTAIN ROADS.

  66. Tex. Transportation Code Sec. 545.354. AUTHORITY OF REGIONAL TOLLWAY AUTHORITIES TO ALTER SPEED LIMITS ON TURNPIKE PROJECTS.

  67. Tex. Transportation Code Sec. 545.355. AUTHORITY OF COUNTY COMMISSIONERS COURT TO ALTER SPEED LIMITS.

  68. Tex. Transportation Code Sec. 545.356. AUTHORITY OF MUNICIPALITY TO ALTER SPEED LIMITS.

  69. Tex. Transportation Code Sec. 545.3561. AUTHORITY OF MUNICIPALITY OR COUNTY TO TEMPORARILY LOWER SPEED LIMIT AT VEHICULAR COLLISION RECONSTRUCTION SITE.

  70. Tex. Transportation Code Sec. 545.357. CONSIDERATION OF SPEED LIMITS WHERE CERTAIN SCHOOLS ARE LOCATED.

  71. Tex. Transportation Code Sec. 545.358. AUTHORITY OF COMMANDING OFFICER OF UNITED STATES MILITARY RESERVATION TO ALTER SPEED LIMITS. The commanding officer of a United States military reservation, for a highway or part of a highway in the military reservation, including a highway of the state highway system, has the same authority by order to alter prima facie speed limits from the results of an engineering and traffic investigation as the Texas Transportation Commission for an officially designated or marked highway of the state highway system. A commanding officer may not modify the rule established by Section 545.351(a) or establish a speed limit of more than 75 miles per hour.

  72. Tex. Transportation Code Sec. 545.359. CONFLICTING DESIGNATED SPEED LIMITS. An order of the Texas Transportation Commission declaring a speed limit on a part of a designated or marked route of the state highway system made under Section 545.353 or 545.362 supersedes any conflicting designated speed established under Sections 545.356 and 545.358.

  73. Tex. Transportation Code Sec. 545.360. DUTY OF TEXAS TRANSPORTATION COMMISSION AND STATE BOARD OF EDUCATION TO PROVIDE INFORMATION AND ASSISTANCE. The chairman of the Texas Transportation Commission and the chairman of the State Board of Education shall provide assistance and information relevant to consideration of speed limits to commissioners courts, municipal governing bodies, and other interested persons.

  74. Tex. Transportation Code Sec. 545.361. SPECIAL SPEED LIMITATIONS.

  75. Tex. Transportation Code Sec. 545.362. TEMPORARY SPEED LIMITS.

  76. Tex. Transportation Code Sec. 545.3625. CONFIDENTIALITY OF VIOLATION INFORMATION: FUEL CONSERVATION SPEED LIMIT.

  77. Tex. Transportation Code Sec. 545.363. MINIMUM SPEED REGULATIONS.

  78. Tex. Transportation Code Sec. 545.364. SPEED LIMIT SIGNS AFTER CONSTRUCTION OR MAINTENANCE WORK ZONE.

  79. Tex. Transportation Code Sec. 545.365. SPEED LIMIT EXCEPTION FOR EMERGENCIES; MUNICIPAL REGULATION.

  80. Tex. Transportation Code Sec. 545.401. RECKLESS DRIVING; OFFENSE.

  81. Tex. Transportation Code Sec. 545.402. MOVING A PARKED VEHICLE. An operator may not begin movement of a stopped, standing, or parked vehicle unless the movement can be made safely.

  82. Tex. Transportation Code Sec. 545.403. DRIVING THROUGH SAFETY ZONE. An operator may not drive through or in a safety zone.

  83. Tex. Transportation Code Sec. 545.404. UNATTENDED MOTOR VEHICLE.

  84. Tex. Transportation Code Sec. 545.405. DRIVING ON MOUNTAIN HIGHWAY. An operator moving through a defile or canyon or on a mountain highway shall:

  85. Tex. Transportation Code Sec. 545.406. COASTING.

  86. Tex. Transportation Code Sec. 545.407. FOLLOWING OR OBSTRUCTING FIRE APPARATUS OR AMBULANCE.

  87. Tex. Transportation Code Sec. 545.408. CROSSING FIRE HOSE. An operator may not, without the consent of the fire department official in command, drive over an unprotected hose of a fire department if the hose is on a street or private driveway and is intended for use at a fire or alarm of fire.

  88. Tex. Transportation Code Sec. 545.409. DRAWBARS AND TRAILER HITCHES; SADDLE-MOUNT TOWING.

  89. Tex. Transportation Code Sec. 545.410. TOWING SAFETY CHAINS.

  90. Tex. Transportation Code Sec. 545.411. USE OF REST AREA: OFFENSE.

  91. Tex. Transportation Code Sec. 545.412. CHILD PASSENGER SAFETY SEAT SYSTEMS; OFFENSE.

  92. Tex. Transportation Code Sec. 545.4121. DISMISSAL; OBTAINING CHILD PASSENGER SAFETY SEAT SYSTEM.

  93. Tex. Transportation Code Sec. 545.413. SAFETY BELTS; OFFENSE.

  94. Tex. Transportation Code Sec. 545.414. RIDING IN OPEN BEDS; OFFENSE.

  95. Tex. Transportation Code Sec. 545.4145. RIDING IN OR ON BOAT OR PERSONAL WATERCRAFT DRAWN BY VEHICLE; OFFENSE.

  96. Tex. Transportation Code Sec. 545.415. BACKING A VEHICLE.

  97. Tex. Transportation Code Sec. 545.416. RIDING ON MOTORCYCLE OR MOPED.

  98. Tex. Transportation Code Sec. 545.4165. OPERATION OF CERTAIN MOTORCYCLES. A person may not operate a motorcycle described by Section 521.001(a)(6-a)(C)(vii) on a public highway for which the posted speed limit is more than 45 miles per hour, except that the operator may cross an intersection with a public highway that has a posted speed limit of more than 45 miles per hour.

  99. Tex. Transportation Code Sec. 545.417. OBSTRUCTION OF OPERATOR'S VIEW OR DRIVING MECHANISM.

  100. Tex. Transportation Code Sec. 545.418. OPENING VEHICLE DOORS. A person may not:

  101. Tex. Transportation Code Sec. 545.419. RIDING IN HOUSE TRAILER. A person may not occupy a house trailer while it is being moved.

  102. Tex. Transportation Code Sec. 545.4191. PERSON RIDING IN TRAILER OR SEMITRAILER DRAWN BY TRUCK, ROAD TRACTOR, OR TRUCK TRACTOR.

  103. Tex. Transportation Code Sec. 545.420. RACING ON HIGHWAY; IMPOUNDMENT OF A VEHICLE.

  104. Tex. Transportation Code Sec. 545.4205. INTERFERENCE WITH PEACE OFFICER INVESTIGATION OF HIGHWAY RACING OR RECKLESS DRIVING EXHIBITION; CRIMINAL OFFENSE.

  105. Tex. Transportation Code Sec. 545.421. FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER; OFFENSE.

  106. Tex. Transportation Code Sec. 545.422. CROSSING SIDEWALK OR HIKE AND BIKE TRAIL.

  107. Tex. Transportation Code Sec. 545.423. CROSSING PROPERTY.

  108. Tex. Transportation Code Sec. 545.424. OPERATION OF VEHICLE BY PERSON UNDER 18 YEARS OF AGE.

  109. Tex. Transportation Code Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE IN A SCHOOL CROSSING ZONE OR WHILE OPERATING A BUS WITH A MINOR PASSENGER; LOCAL AUTHORITY SIGN REQUIREMENTS; OFFENSE.

  110. Tex. Transportation Code Sec. 545.4251. USE OF PORTABLE WIRELESS COMMUNICATION DEVICE FOR ELECTRONIC MESSAGING; OFFENSE.

  111. Tex. Transportation Code Sec. 545.4252. USE OF WIRELESS COMMUNICATION DEVICE ON SCHOOL PROPERTY; OFFENSE.

  112. Tex. Transportation Code Sec. 545.426. OPERATION OF SCHOOL BUS.

  113. Tex. Transportation Code Sec. 545.427. OPERATION OF VEHICLE WITH INSUFFICIENT UNDERCARRIAGE CLEARANCE.

  114. Tex. Transportation Code Sec. 545.428. MOTOR VEHICLE COLLISION INVOLVING PEDESTRIAN OR OTHER VULNERABLE ROAD USER WITHIN AREA OF CROSSWALK; OFFENSE.

  115. Tex. Transportation Code Sec. 545.429. OPERATION OF MINIATURE VEHICLE.

  116. Tex. Transportation Code Sec. 545.451. DEFINITIONS. In this subchapter:

  117. Tex. Transportation Code Sec. 545.452. PROHIBITIONS ON REGULATION OF THE OPERATION OF AUTOMATED MOTOR VEHICLES OR AUTOMATED DRIVING SYSTEMS BY STATE AGENCY OR POLITICAL SUBDIVISION; EXEMPTION FROM CERTAIN TRAFFIC OR MOTOR VEHICLE LAWS.

  118. Tex. Transportation Code Sec. 545.453. RULES. The board may adopt rules necessary to administer this subchapter.

  119. Tex. Transportation Code Sec. 545.454. VEHICLE OPERATORS.

  120. Tex. Transportation Code Sec. 545.455. AUTOMATED MOTOR VEHICLE OPERATION; OFFENSE.

  121. Tex. Transportation Code Sec. 545.456. AUTHORIZATION TO OPERATE AUTOMATED MOTOR VEHICLE.

  122. Tex. Transportation Code Sec. 545.457. DUTIES FOLLOWING COLLISION INVOLVING AUTOMATED MOTOR VEHICLE. In the event of a collision involving an automated motor vehicle, the automated motor vehicle, a person on behalf of the automated motor vehicle, or any human driver of the automated motor vehicle shall comply with Chapter 550.

  123. Tex. Transportation Code Sec. 545.458. APPLICABILITY OF COMMERCIAL MOTOR VEHICLE LAWS TO AUTOMATED MOTOR VEHICLE.

  124. Tex. Transportation Code Sec. 545.459. ENFORCEMENT.

Chapter 601

  1. Tex. Transportation Code Sec. 601.001. SHORT TITLE. This chapter may be cited as the Texas Motor Vehicle Safety Responsibility Act.

  2. Tex. Transportation Code Sec. 601.002. DEFINITIONS. In this chapter:

  3. Tex. Transportation Code Sec. 601.003. JUDGMENT; SATISFIED JUDGMENT.

  4. Tex. Transportation Code Sec. 601.005. EVIDENCE IN CIVIL SUIT. A person at a trial for damages may not refer to or offer as evidence of the negligence or due care of a party:

  5. Tex. Transportation Code Sec. 601.006. APPLICABILITY TO CERTAIN OWNERS AND OPERATORS. If an owner or operator of a motor vehicle involved in a collision in this state does not have a driver's license or vehicle registration or is a nonresident, the person may not be issued a driver's license or registration until the person has complied with this chapter to the same extent that would be necessary if, at the time of the collision, the person had a driver's license or registration.

  6. Tex. Transportation Code Sec. 601.007. APPLICABILITY OF CHAPTER TO GOVERNMENT VEHICLES.

  7. Tex. Transportation Code Sec. 601.008. VIOLATION OF CHAPTER; OFFENSE.

  8. Tex. Transportation Code Sec. 601.009. REPORT FROM OTHER STATE OR CANADA.

  9. Tex. Transportation Code Sec. 601.021. DEPARTMENT POWERS AND DUTIES; RULES. The department shall:

  10. Tex. Transportation Code Sec. 601.023. PAYMENT OF STATUTORY FEES. The department may pay:

  11. Tex. Transportation Code Sec. 601.051. REQUIREMENT OF FINANCIAL RESPONSIBILITY. A person may not operate a motor vehicle in this state unless financial responsibility is established for that vehicle through:

  12. Tex. Transportation Code Sec. 601.052. EXCEPTIONS TO FINANCIAL RESPONSIBILITY REQUIREMENT.

  13. Tex. Transportation Code Sec. 601.053. EVIDENCE OF FINANCIAL RESPONSIBILITY.

  14. Tex. Transportation Code Sec. 601.054. OWNER MAY PROVIDE EVIDENCE OF FINANCIAL RESPONSIBILITY FOR OTHERS.

  15. Tex. Transportation Code Sec. 601.055. SUBSTITUTION OF EVIDENCE OF FINANCIAL RESPONSIBILITY.

  16. Tex. Transportation Code Sec. 601.056. CANCELLATION, RETURN, OR WAIVER OF EVIDENCE OF FINANCIAL RESPONSIBILITY.

  17. Tex. Transportation Code Sec. 601.057. EVIDENCE THAT DOES NOT FULFILL REQUIREMENTS; SUSPENSION. If evidence filed with the department does not continue to fulfill the purpose for which it was required, the department shall suspend the driver's license and all vehicle registrations or nonresident's operating privilege of the person who filed the evidence pending the filing of other evidence of financial responsibility.

  18. Tex. Transportation Code Sec. 601.071. MOTOR VEHICLE LIABILITY INSURANCE; REQUIREMENTS. For purposes of this chapter, a motor vehicle liability insurance policy must be an owner's or operator's policy that:

  19. Tex. Transportation Code Sec. 601.072. MINIMUM COVERAGE AMOUNTS; EXCLUSIONS.

  20. Tex. Transportation Code Sec. 601.073. REQUIRED POLICY TERMS.

  21. Tex. Transportation Code Sec. 601.074. OPTIONAL TERMS.

  22. Tex. Transportation Code Sec. 601.075. PROHIBITED TERMS. A motor vehicle liability insurance policy may not insure against liability:

  23. Tex. Transportation Code Sec. 601.076. REQUIRED TERMS: OWNER'S POLICY. An owner's motor vehicle liability insurance policy must:

  24. Tex. Transportation Code Sec. 601.077. REQUIRED TERMS: OPERATOR'S POLICY. An operator's motor vehicle liability insurance policy must pay, on behalf of the named insured, amounts the insured becomes obligated to pay as damages arising out of the use by the insured of a motor vehicle the insured does not own, subject to the same territorial limits, payment limits, and exclusions as for an owner's policy under Section 601.076.

  25. Tex. Transportation Code Sec. 601.078. ADDITIONAL COVERAGE.

  26. Tex. Transportation Code Sec. 601.079. MULTIPLE POLICIES. The requirements for a motor vehicle liability insurance policy may be satisfied by a combination of policies of one or more insurance companies if the policies in combination meet the requirements.

  27. Tex. Transportation Code Sec. 601.080. INSURANCE BINDER. A binder issued pending the issuance of a motor vehicle liability insurance policy satisfies the requirements for such a policy.

  28. Tex. Transportation Code Sec. 601.081. STANDARD PROOF OF MOTOR VEHICLE LIABILITY INSURANCE FORM.

  29. Tex. Transportation Code Sec. 601.082. MOTOR VEHICLE LIABILITY INSURANCE; CERTIFICATION. If evidence of financial responsibility is required to be filed with the department under this chapter, a motor vehicle liability insurance policy that is to be used as evidence must be certified under Section 601.083 or 601.084.

  30. Tex. Transportation Code Sec. 601.083. CERTIFICATE OF MOTOR VEHICLE LIABILITY INSURANCE.

  31. Tex. Transportation Code Sec. 601.084. NONRESIDENT CERTIFICATE.

  32. Tex. Transportation Code Sec. 601.085. TERMINATION OF CERTIFIED POLICY.

  33. Tex. Transportation Code Sec. 601.086. RESPONSE OF INSURANCE COMPANY IF POLICY NOT IN EFFECT. An insurance company that is notified by the department of a collision in connection with which an owner or operator has reported a motor vehicle liability insurance policy with the company shall advise the department if a policy is not in effect as reported.

  34. Tex. Transportation Code Sec. 601.088. EFFECT ON CERTAIN OTHER POLICIES.

  35. Tex. Transportation Code Sec. 601.121. SURETY BOND.

  36. Tex. Transportation Code Sec. 601.122. DEPOSIT OF CASH OR SECURITIES WITH COMPTROLLER.

  37. Tex. Transportation Code Sec. 601.123. DEPOSIT OF CASH OR CASHIER'S CHECK WITH COUNTY JUDGE.

  38. Tex. Transportation Code Sec. 601.124. SELF-INSURANCE.

  39. Tex. Transportation Code Sec. 601.151. APPLICABILITY OF SUBCHAPTER.

  40. Tex. Transportation Code Sec. 601.152. SUSPENSION OF DRIVER'S LICENSE AND VEHICLE REGISTRATION OR PRIVILEGE.

  41. Tex. Transportation Code Sec. 601.153. DEPOSIT OF SECURITY; EVIDENCE OF FINANCIAL RESPONSIBILITY.

  42. Tex. Transportation Code Sec. 601.154. DEPARTMENT DETERMINATION OF PROBABILITY OF LIABILITY.

  43. Tex. Transportation Code Sec. 601.155. NOTICE OF DETERMINATION.

  44. Tex. Transportation Code Sec. 601.156. SETTING OF HEARING.

  45. Tex. Transportation Code Sec. 601.157. HEARING PROCEDURES.

  46. Tex. Transportation Code Sec. 601.158. APPEAL.

  47. Tex. Transportation Code Sec. 601.159. PROCEDURES FOR SUSPENSION OF DRIVER'S LICENSE AND VEHICLE REGISTRATION OR PRIVILEGE. The department shall suspend the driver's license and each vehicle registration of an owner or operator or the nonresident's operating privilege of an owner or operator unless:

  48. Tex. Transportation Code Sec. 601.160. SUSPENSION STAYED PENDING HEARING OR APPEAL. The department may not suspend a driver's license, vehicle registration, or nonresident's operating privilege pending the outcome of a hearing and any appeal under this subchapter.

  49. Tex. Transportation Code Sec. 601.161. NOTICE OF SUSPENSION. Not later than the 11th day before the effective date of a suspension under Section 601.159, the department shall send notice of the suspension to each affected owner or operator. The department shall send the notice by first class mail or by e-mail to any owner or operator who has provided an e-mail address to the department and who has elected to receive notice electronically. The notice must state the amount required as security under Section 601.153 and the necessity for the owner or operator to file evidence of financial responsibility with the department.

  50. Tex. Transportation Code Sec. 601.162. DURATION OF SUSPENSION.

  51. Tex. Transportation Code Sec. 601.163. FORM OF SECURITY.

  52. Tex. Transportation Code Sec. 601.164. REDUCTION IN SECURITY.

  53. Tex. Transportation Code Sec. 601.165. CUSTODY OF CASH SECURITY. The department shall place cash deposited in compliance with this subchapter in the custody of the comptroller.

  54. Tex. Transportation Code Sec. 601.166. PAYMENT OF CASH SECURITY.

  55. Tex. Transportation Code Sec. 601.167. RETURN OF CASH SECURITY. Cash security or any balance of the security shall be returned to the depositor or the depositor's personal representative when:

  56. Tex. Transportation Code Sec. 601.168. INSURANCE POLICY OR BOND; LIMITS.

  57. Tex. Transportation Code Sec. 601.169. REASONABLE PROBABILITY NOT ADMISSIBLE IN CIVIL SUIT. A determination under Section 601.154 or 601.157 that there is a reasonable probability that a judgment will be rendered against a person as a result of a collision may not be introduced in evidence in a suit for damages arising from that collision.

  58. Tex. Transportation Code Sec. 601.170. DEPARTMENT ACTING ON ERRONEOUS INFORMATION. If the department is given erroneous information relating to a matter covered by Section 601.151(b)(1) or (b)(2) or to a person's status as an employee of the United States acting within the scope of the person's employment, the department shall take appropriate action as provided by this subchapter not later than the 60th day after the date the department receives correct information.

  59. Tex. Transportation Code Sec. 601.191. OPERATION OF MOTOR VEHICLE IN VIOLATION OF MOTOR VEHICLE LIABILITY INSURANCE REQUIREMENT; OFFENSE.

  60. Tex. Transportation Code Sec. 601.193. DEFENSE: FINANCIAL RESPONSIBILITY IN EFFECT AT TIME OF ALLEGED OFFENSE.

  61. Tex. Transportation Code Sec. 601.194. DEFENSE: POSSESSION OF MOTOR VEHICLE FOR MAINTENANCE OR REPAIR. It is a defense to prosecution of an offense under Section 601.191 that the motor vehicle operated by the person charged:

  62. Tex. Transportation Code Sec. 601.195. OPERATION OF MOTOR VEHICLE IN VIOLATION OF REQUIREMENT TO ESTABLISH FINANCIAL RESPONSIBILITY; OFFENSE.

  63. Tex. Transportation Code Sec. 601.231. SUSPENSION OF DRIVER'S LICENSE.

  64. Tex. Transportation Code Sec. 601.232. NOTICE OF SUSPENSION.

  65. Tex. Transportation Code Sec. 601.233. NOTICE OF POTENTIAL SUSPENSION.

  66. Tex. Transportation Code Sec. 601.234. ISSUANCE OR CONTINUATION OF VEHICLE REGISTRATION. A motor vehicle may not be registered in the name of a person required to file evidence of financial responsibility unless evidence of financial responsibility is furnished for the vehicle.

  67. Tex. Transportation Code Sec. 601.261. IMPOUNDMENT OF MOTOR VEHICLE. On a second or subsequent conviction for an offense under Section 601.191, the court shall order the sheriff of the county in which the court has jurisdiction to impound the motor vehicle operated by the defendant at the time of the offense if the defendant:

  68. Tex. Transportation Code Sec. 601.262. DURATION OF IMPOUNDMENT.

  69. Tex. Transportation Code Sec. 601.263. REIMBURSEMENT FEE FOR IMPOUNDMENT. The court shall impose against the defendant a reimbursement fee of $15 a day for each day of impoundment of the defendant's vehicle.

  70. Tex. Transportation Code Sec. 601.264. PENALTIES CUMULATIVE. Impoundment of a motor vehicle under this subchapter is in addition to any other punishment imposed under this chapter.

  71. Tex. Transportation Code Sec. 601.265. TRANSFER OF TITLE OF IMPOUNDED MOTOR VEHICLE.

  72. Tex. Transportation Code Sec. 601.266. RELEASE ON INVOLUNTARY TRANSFER OF TITLE OF IMPOUNDED MOTOR VEHICLE.

  73. Tex. Transportation Code Sec. 601.267. RELEASE OF IMPOUNDED MOTOR VEHICLE BY SHERIFF. A sheriff who impounds a motor vehicle shall release the vehicle:

  74. Tex. Transportation Code Sec. 601.291. APPLICABILITY OF SUBCHAPTER. This subchapter applies only to the owner or operator of a motor vehicle that:

  75. Tex. Transportation Code Sec. 601.292. DUTY TO PROVIDE EVIDENCE OF FINANCIAL RESPONSIBILITY TO INVESTIGATING OFFICER. A person to whom this subchapter applies shall provide evidence of financial responsibility to a law enforcement officer of this state or a political subdivision of this state who is conducting an investigation of the collision.

  76. Tex. Transportation Code Sec. 601.293. FAILURE TO PROVIDE EVIDENCE OF FINANCIAL RESPONSIBILITY; MAGISTRATE'S INQUIRY AND ORDER.

  77. Tex. Transportation Code Sec. 601.294. IMPOUNDMENT OF MOTOR VEHICLE. If a person to whom this subchapter applies does not provide evidence required under Section 601.293(c), the magistrate shall enter an order directing the sheriff of the county or the chief of police of the municipality to impound the motor vehicle owned or operated by the person that was involved in the collision.

  78. Tex. Transportation Code Sec. 601.295. DURATION OF IMPOUNDMENT; RELEASE.

  79. Tex. Transportation Code Sec. 601.296. CERTIFICATE OF RELEASE.

  80. Tex. Transportation Code Sec. 601.297. LIABILITY FOR COST OF IMPOUNDMENT. The owner of an impounded vehicle is liable for the costs of the impoundment.

  81. Tex. Transportation Code Sec. 601.331. REPORT OF UNSATISFIED JUDGMENT OR CONVICTION, PLEA, OR FORFEITURE OF BAIL; NONRESIDENT.

  82. Tex. Transportation Code Sec. 601.332. SUSPENSION OF DRIVER'S LICENSE AND VEHICLE REGISTRATION OR NONRESIDENT'S OPERATING PRIVILEGE FOR UNSATISFIED JUDGMENT.

  83. Tex. Transportation Code Sec. 601.333. RELIEF FROM SUSPENSION: MOTOR VEHICLE LIABILITY INSURANCE.

  84. Tex. Transportation Code Sec. 601.334. RELIEF FROM SUSPENSION: CONSENT OF JUDGMENT CREDITOR.

  85. Tex. Transportation Code Sec. 601.335. INSTALLMENT PAYMENTS AUTHORIZED.

  86. Tex. Transportation Code Sec. 601.336. RELIEF FROM SUSPENSION: INSTALLMENT PAYMENTS; DEFAULT.

  87. Tex. Transportation Code Sec. 601.337. EFFECT OF BANKRUPTCY. A discharge in bankruptcy after a judgment is rendered relieves the judgment debtor from the requirements of this chapter, except for financial responsibility requirements arising after the date of the discharge.

  88. Tex. Transportation Code Sec. 601.338. EVIDENCE OF FINANCIAL RESPONSIBILITY OR SUSPENSION OF DRIVER'S LICENSE AND VEHICLE REGISTRATION OF OWNER OF MOTOR VEHICLE.

  89. Tex. Transportation Code Sec. 601.339. EVIDENCE OF FINANCIAL RESPONSIBILITY FOLLOWING CONVICTION, PLEA, OR FORFEITURE.

  90. Tex. Transportation Code Sec. 601.340. EVIDENCE OF FINANCIAL RESPONSIBILITY OR SUSPENSION OF VEHICLE REGISTRATION FOLLOWING SUSPENSION OR REVOCATION OF DRIVER'S LICENSE.

  91. Tex. Transportation Code Sec. 601.341. EVIDENCE OF FINANCIAL RESPONSIBILITY; TERMINATION OF PENALTY. Unless a person whose driver's license or vehicle registration has been suspended or revoked under this subchapter files and maintains evidence of financial responsibility with the department:

  92. Tex. Transportation Code Sec. 601.342. EVIDENCE OF FINANCIAL RESPONSIBILITY FOLLOWING SUSPENSION OR REVOCATION OF NONRESIDENT'S OPERATING PRIVILEGE. The department may not terminate the suspension or revocation of a nonresident's operating privilege suspended or revoked under this subchapter because of a conviction, forfeiture of bail, or guilty plea unless the person files and maintains evidence of financial responsibility with the department.

  93. Tex. Transportation Code Sec. 601.371. OPERATION OF MOTOR VEHICLE IN VIOLATION OF SUSPENSION; OFFENSE.

  94. Tex. Transportation Code Sec. 601.372. RETURN OF DRIVER'S LICENSE AND VEHICLE REGISTRATION TO DEPARTMENT.

  95. Tex. Transportation Code Sec. 601.373. FAILURE TO RETURN DRIVER'S LICENSE OR VEHICLE REGISTRATION; OFFENSE.

  96. Tex. Transportation Code Sec. 601.374. TRANSFER OF VEHICLE REGISTRATION PROHIBITED.

  97. Tex. Transportation Code Sec. 601.375. COOPERATION WITH OTHER STATE OR CANADA.

  98. Tex. Transportation Code Sec. 601.376. REINSTATEMENT FEE.

  99. Tex. Transportation Code Sec. 601.401. DEPARTMENT ACTIONS SUBJECT TO REVIEW.

  100. Tex. Transportation Code Sec. 601.451. DEFINITION. In this subchapter, "implementing agencies" means:

  101. Tex. Transportation Code Sec. 601.452. IMPLEMENTATION OF PROGRAM; RULES.

  102. Tex. Transportation Code Sec. 601.453. AGENT.

  103. Tex. Transportation Code Sec. 601.454. INFORMATION PROVIDED BY INSURANCE COMPANY; PRIVACY.

  104. Tex. Transportation Code Sec. 601.455. ACCESS BY COURT.

Utilities

Chapter 1

  1. Tex. Utilities Code Sec. 1.001. PURPOSE OF CODE.

  2. Tex. Utilities Code Sec. 1.002. CONSTRUCTION OF CODE. Chapter 311, Government Code (Code Construction Act), applies to the construction of each provision in this code except as otherwise expressly provided by this code.

  3. Tex. Utilities Code Sec. 1.003. REFERENCE IN LAW TO STATUTE REVISED BY CODE. A reference in a law to a statute or a part of a statute revised by this code is considered to be a reference to the part of this code that revises that statute or part of that statute.

Chapter 11

  1. Tex. Utilities Code Sec. 11.001. SHORT TITLE. This title may be cited as the Public Utility Regulatory Act.

  2. Tex. Utilities Code Sec. 11.002. PURPOSE AND FINDINGS.

  3. Tex. Utilities Code Sec. 11.003. DEFINITIONS. In this title:

  4. Tex. Utilities Code Sec. 11.004. DEFINITION OF UTILITY. In Subtitle A, "public utility" or "utility" means:

  5. Tex. Utilities Code Sec. 11.0042. DEFINITION OF AFFILIATE.

  6. Tex. Utilities Code Sec. 11.005. ENTITY, COMPETITOR, OR SUPPLIER AFFECTED IN MANNER OTHER THAN BY SETTING OF RATES. In this title, an entity, including a utility competitor or utility supplier, is considered to be affected in a manner other than by the setting of rates for that class of customer if during a relevant calendar year the entity provides fuel, utility-related goods, utility-related products, or utility-related services to a regulated or unregulated provider of telecommunications or electric services or to an affiliate in an amount equal to the greater of $10,000 or 10 percent of the person's business.

  7. Tex. Utilities Code Sec. 11.006. PERSON DETERMINED TO BE AFFILIATE.

  8. Tex. Utilities Code Sec. 11.007. ADMINISTRATIVE PROCEDURE.

  9. Tex. Utilities Code Sec. 11.008. LIBERAL CONSTRUCTION. This title shall be construed liberally to promote the effectiveness and efficiency of regulation of public utilities to the extent that this construction preserves the validity of this title and its provisions.

  10. Tex. Utilities Code Sec. 11.009. CONSTRUCTION WITH FEDERAL AUTHORITY. This title shall be construed to apply so as not to conflict with any authority of the United States.

Chapter 12

  1. Tex. Utilities Code Sec. 12.001. PUBLIC UTILITY COMMISSION OF TEXAS. The Public Utility Commission of Texas exercises the jurisdiction and powers conferred by this title.

  2. Tex. Utilities Code Sec. 12.002. OFFICE.

  3. Tex. Utilities Code Sec. 12.003. SEAL.

  4. Tex. Utilities Code Sec. 12.004. REPRESENTATION BY THE ATTORNEY GENERAL. The attorney general shall represent the commission in a matter before a state court, a court of the United States, or a federal public utility regulatory commission.

  5. Tex. Utilities Code Sec. 12.005. APPLICATION OF SUNSET ACT. The Public Utility Commission of Texas is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter or by Chapter 39, the commission is abolished September 1, 2029.

  6. Tex. Utilities Code Sec. 12.051. APPOINTMENT; TERM.

  7. Tex. Utilities Code Sec. 12.052. PRESIDING OFFICER.

  8. Tex. Utilities Code Sec. 12.0521. PRESIDING OFFICER QUALIFICATIONS. The commissioner designated as the presiding officer must be a resident of this state.

  9. Tex. Utilities Code Sec. 12.053. MEMBERSHIP QUALIFICATIONS.

  10. Tex. Utilities Code Sec. 12.054. REMOVAL OF COMMISSIONER.

  11. Tex. Utilities Code Sec. 12.055. PROHIBITION ON SEEKING ANOTHER OFFICE. A person may not seek nomination or election to another civil office of this state or of the United States while serving as a commissioner. If a commissioner files for nomination or election to another civil office of this state or of the United States, the person's office as commissioner immediately becomes vacant, and the governor shall appoint a successor.

  12. Tex. Utilities Code Sec. 12.056. EFFECT OF VACANCY. A vacancy or disqualification does not prevent the remaining commissioner or commissioners from exercising the powers of the commission.

  13. Tex. Utilities Code Sec. 12.057. COMPENSATION. The annual salary of the commissioners is determined by the legislature.

  14. Tex. Utilities Code Sec. 12.058. MEETINGS. The commission shall hold meetings at its office and at other convenient places in this state as expedient and necessary for the proper performance of the commission's duties.

  15. Tex. Utilities Code Sec. 12.059. TRAINING PROGRAM FOR COMMISSIONERS.

  16. Tex. Utilities Code Sec. 12.060. FORMER COMMISSIONER: LOBBYING RESTRICTED. A former member of the commission may not, before the first anniversary of the date the member ceases to be a member of the commission, engage in an activity before the commission that requires registration under Chapter 305, Government Code.

  17. Tex. Utilities Code Sec. 12.101. COMMISSION EMPLOYEES. The commission shall employ:

  18. Tex. Utilities Code Sec. 12.102. DUTIES OF EMPLOYEES. The commission shall develop and implement policies that clearly separate the policymaking responsibilities of the commission and the management responsibilities of the commission employees.

  19. Tex. Utilities Code Sec. 12.103. DUTIES OF EXECUTIVE DIRECTOR. The executive director is responsible for the daily operations of the commission and shall coordinate the activities of commission employees.

  20. Tex. Utilities Code Sec. 12.105. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS; MERIT PAY.

  21. Tex. Utilities Code Sec. 12.106. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.

  22. Tex. Utilities Code Sec. 12.107. CRIMINAL HISTORY CHECKS FOR CERTAIN EMPLOYEES. Before hiring a person as an employee, the commission may obtain from the Department of Public Safety or a private vendor all criminal history record information relating to the prospective employee.

  23. Tex. Utilities Code Sec. 12.151. REGISTERED LOBBYIST. A person required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the commission may not serve as a commissioner.

  24. Tex. Utilities Code Sec. 12.152. CONFLICT OF INTEREST.

  25. Tex. Utilities Code Sec. 12.153. RELATIONSHIP WITH TRADE ASSOCIATION. A person may not serve as a commissioner or be a commission employee who is employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if the person is:

  26. Tex. Utilities Code Sec. 12.154. PROHIBITED ACTIVITIES.

  27. Tex. Utilities Code Sec. 12.155. PROHIBITION ON EMPLOYMENT OR REPRESENTATION.

  28. Tex. Utilities Code Sec. 12.156. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The executive director or the executive director's designee shall provide to commissioners and commission employees as often as necessary information regarding their:

  29. Tex. Utilities Code Sec. 12.201. PUBLIC INTEREST INFORMATION.

  30. Tex. Utilities Code Sec. 12.202. PUBLIC PARTICIPATION.

  31. Tex. Utilities Code Sec. 12.203. BIENNIAL REPORT.

  32. Tex. Utilities Code Sec. 12.204. INTERNET FOR HEARINGS AND MEETINGS. The commission shall make publicly accessible without charge live Internet video of all public hearings and meetings the commission holds for viewing from the Internet website found at http://www.puc.state.tx.us. The commission may recover the costs of administering this section by imposing an assessment against a:

  33. Tex. Utilities Code Sec. 12.205. STRATEGIC COMMUNICATIONS PLAN. The commission shall:

  34. Tex. Utilities Code Sec. 12.251. DEFINITION. In this subchapter, "historically underutilized business" has the meaning assigned by Section 481.101, Government Code.

  35. Tex. Utilities Code Sec. 12.252. COMMISSION AUTHORITY. The commission, after notice and hearing, may require each utility subject to regulation under this title to make an effort to overcome the underuse of historically underutilized businesses.

  36. Tex. Utilities Code Sec. 12.253. REPORT REQUIRED. The commission shall require each utility subject to regulation under this title to prepare and submit to the commission a comprehensive annual report detailing its use of historically underutilized businesses.

  37. Tex. Utilities Code Sec. 12.254. DISCRIMINATION PROHIBITED. The rules adopted under this subchapter may not be used to discriminate against a citizen on the basis of sex, race, color, creed, or national origin.

  38. Tex. Utilities Code Sec. 12.255. CAUSE OF ACTION NOT CREATED. This subchapter does not create a public or private cause of action.

Chapter 13

  1. Tex. Utilities Code Sec. 13.001. OFFICE OF PUBLIC UTILITY COUNSEL. The independent office of public utility counsel represents the interests of residential and small commercial consumers.

  2. Tex. Utilities Code Sec. 13.002. APPLICATION OF SUNSET ACT. The Office of Public Utility Counsel is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the office is abolished September 1, 2029.

  3. Tex. Utilities Code Sec. 13.003. OFFICE POWERS AND DUTIES.

  4. Tex. Utilities Code Sec. 13.004. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.

  5. Tex. Utilities Code Sec. 13.005. COMPLAINTS.

  6. Tex. Utilities Code Sec. 13.006. TECHNOLOGY POLICY. The counsellor shall implement a policy requiring the office to use appropriate technological solutions to improve the office's ability to perform its functions. The policy must ensure that the public is able to interact with the office on the Internet.

  7. Tex. Utilities Code Sec. 13.021. APPOINTMENT; TERM.

  8. Tex. Utilities Code Sec. 13.022. QUALIFICATIONS.

  9. Tex. Utilities Code Sec. 13.023. GROUNDS FOR REMOVAL.

  10. Tex. Utilities Code Sec. 13.024. PROHIBITED ACTS.

  11. Tex. Utilities Code Sec. 13.041. PERSONNEL.

  12. Tex. Utilities Code Sec. 13.042. CONFLICT OF INTEREST.

  13. Tex. Utilities Code Sec. 13.043. PROHIBITION ON EMPLOYMENT OR REPRESENTATION.

  14. Tex. Utilities Code Sec. 13.044. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS; MERIT PAY.

  15. Tex. Utilities Code Sec. 13.045. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.

  16. Tex. Utilities Code Sec. 13.046. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The office shall provide to office employees as often as necessary information regarding their:

  17. Tex. Utilities Code Sec. 13.061. PUBLIC INTEREST INFORMATION. The office shall prepare information of public interest describing the functions of the office. The office shall make the information available to the public and appropriate state agencies.

  18. Tex. Utilities Code Sec. 13.062. PUBLIC PARTICIPATION.

  19. Tex. Utilities Code Sec. 13.063. ANNUAL REPORT. The office shall prepare annually a report on the office's activities during the preceding year and submit the report to the standing legislative committees that have jurisdiction over the office, the house appropriations committee, and the senate finance committee. At a minimum, the report must include:

  20. Tex. Utilities Code Sec. 13.064. PUBLIC HEARING.

Chapter 14

  1. Tex. Utilities Code Sec. 14.001. POWER TO REGULATE AND SUPERVISE. The commission has the general power to regulate and supervise the business of each public utility within its jurisdiction and to do anything specifically designated or implied by this title that is necessary and convenient to the exercise of that power and jurisdiction.

  2. Tex. Utilities Code Sec. 14.002. RULES. The commission shall adopt and enforce rules reasonably required in the exercise of its powers and jurisdiction.

  3. Tex. Utilities Code Sec. 14.0025. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION.

  4. Tex. Utilities Code Sec. 14.003. COMMISSION POWERS RELATING TO REPORTS. The commission may:

  5. Tex. Utilities Code Sec. 14.004. REPORT OF SUBSTANTIAL INTEREST. The commission may require disclosure of the identity and respective interests of each owner of at least one percent of the voting securities of a public utility or its affiliate.

  6. Tex. Utilities Code Sec. 14.005. CRITERIA AND GUIDELINES GOVERNING TERMINATION OF SERVICES TO ELDERLY AND DISABLED. The commission may establish criteria and guidelines with the utility industry relating to industry procedures used in terminating services to the elderly and disabled.

  7. Tex. Utilities Code Sec. 14.006. INTERFERENCE WITH TERMS OR CONDITIONS OF EMPLOYMENT; PRESUMPTION OF REASONABLENESS. The commission may not interfere with employee wages and benefits, working conditions, or other terms or conditions of employment that are the product of a collective bargaining agreement recognized under federal law. An employee wage rate or benefit that is the product of the collective bargaining is presumed to be reasonable.

  8. Tex. Utilities Code Sec. 14.007. ASSISTANCE TO MUNICIPALITY. On request by the governing body of a municipality, the commission may provide commission employees as necessary to advise and consult with the municipality on a pending matter.

  9. Tex. Utilities Code Sec. 14.008. MUNICIPAL FRANCHISES.

  10. Tex. Utilities Code Sec. 14.051. PROCEDURAL POWERS. The commission may:

  11. Tex. Utilities Code Sec. 14.052. RULES.

  12. Tex. Utilities Code Sec. 14.053. POWERS AND DUTIES OF STATE OFFICE OF ADMINISTRATIVE HEARINGS.

  13. Tex. Utilities Code Sec. 14.054. SETTLEMENTS.

  14. Tex. Utilities Code Sec. 14.055. RECORD OF PROCEEDINGS. The regulatory authority shall keep a record of each proceeding before the authority.

  15. Tex. Utilities Code Sec. 14.056. RIGHT TO BE HEARD. Each party to a proceeding before a regulatory authority is entitled to be heard by attorney or in person.

  16. Tex. Utilities Code Sec. 14.057. ORDERS OF COMMISSION; TRANSCRIPTS AND EXHIBITS; PUBLIC RECORDS.

  17. Tex. Utilities Code Sec. 14.058. FEES FOR ELECTRONIC ACCESS TO INFORMATION. The fees charged by the commission for electronic access to information that is stored in the system established by the commission using funds from the Texas Public Finance Authority and approved by the Department of Information Resources shall be established:

  18. Tex. Utilities Code Sec. 14.059. TECHNOLOGY POLICY. The commission shall implement a policy requiring the commission to use appropriate technological solutions to improve the commission's ability to perform its functions. The policy must ensure that the public is able to interact with the commission on the Internet.

  19. Tex. Utilities Code Sec. 14.101. REPORT OF CERTAIN TRANSACTIONS; COMMISSION CONSIDERATION.

  20. Tex. Utilities Code Sec. 14.102. REPORT OF PURCHASE OF VOTING STOCK IN PUBLIC UTILITY. A public utility may not purchase voting stock in another public utility doing business in this state unless the utility reports the purchase to the commission.

  21. Tex. Utilities Code Sec. 14.103. REPORT OF LOAN TO STOCKHOLDERS. A public utility may not loan money, stocks, bonds, notes, or other evidence of indebtedness to a person who directly or indirectly owns or holds any stock of the public utility unless the public utility reports the transaction to the commission within a reasonable time.

  22. Tex. Utilities Code Sec. 14.151. RECORDS OF PUBLIC UTILITY.

  23. Tex. Utilities Code Sec. 14.152. MAINTENANCE OF OFFICE AND RECORDS IN THIS STATE.

  24. Tex. Utilities Code Sec. 14.153. COMMUNICATIONS WITH REGULATORY AUTHORITY.

  25. Tex. Utilities Code Sec. 14.154. JURISDICTION OVER AFFILIATE.

  26. Tex. Utilities Code Sec. 14.201. INQUIRY INTO MANAGEMENT AND AFFAIRS. A regulatory authority may inquire into the management and affairs of each public utility and shall keep itself informed as to the manner and method in which each public utility is managed and its affairs are conducted.

  27. Tex. Utilities Code Sec. 14.202. MANAGEMENT AUDITS BY COMMISSION.

  28. Tex. Utilities Code Sec. 14.203. AUDIT OF ACCOUNTS. A regulatory authority may require the examination and audit of the accounts of a public or municipally owned utility.

  29. Tex. Utilities Code Sec. 14.204. INSPECTION.

  30. Tex. Utilities Code Sec. 14.205. EXAMINATIONS UNDER OATH. In connection with an action taken under Section 14.204, the regulatory authority may:

  31. Tex. Utilities Code Sec. 14.206. ENTERING PREMISES OF PUBLIC UTILITY.

  32. Tex. Utilities Code Sec. 14.207. PRODUCTION OF OUT-OF-STATE RECORDS.

Chapter 15

  1. Tex. Utilities Code Sec. 15.001. RIGHT TO JUDICIAL REVIEW. Any party to a proceeding before the commission is entitled to judicial review under the substantial evidence rule.

  2. Tex. Utilities Code Sec. 15.002. COMMISSION AS DEFENDANT. The commission must be a defendant in a proceeding for judicial review.

  3. Tex. Utilities Code Sec. 15.003. COSTS AND ATTORNEY'S FEES.

  4. Tex. Utilities Code Sec. 15.004. JUDICIAL STAY OR SUSPENSION. While an appeal of an order, ruling, or decision of a regulatory authority is pending, the district court, court of appeals, or supreme court, as appropriate, may stay or suspend all or part of the operation of the order, ruling, or decision. In granting or refusing a stay or suspension, the court shall act in accordance with the practice of a court exercising equity jurisdiction.

  5. Tex. Utilities Code Sec. 15.021. ACTION TO ENJOIN OR REQUIRE COMPLIANCE.

  6. Tex. Utilities Code Sec. 15.022. CONTEMPT. The commission may file a court action for contempt against a person who:

  7. Tex. Utilities Code Sec. 15.023. ADMINISTRATIVE PENALTY, DISGORGEMENT ORDER, OR MITIGATION PLAN.

  8. Tex. Utilities Code Sec. 15.024. ADMINISTRATIVE PENALTY ASSESSMENT OR DISGORGEMENT ORDER PROCEDURE.

  9. Tex. Utilities Code Sec. 15.025. PAYMENT OF ADMINISTRATIVE PENALTY.

  10. Tex. Utilities Code Sec. 15.026. JUDICIAL REVIEW OF ADMINISTRATIVE PENALTY.

  11. Tex. Utilities Code Sec. 15.027. ADMINISTRATIVE PENALTY COLLECTION; GENERAL PROVISIONS.

  12. Tex. Utilities Code Sec. 15.028. CIVIL PENALTY AGAINST PUBLIC UTILITY, PAY TELEPHONE SERVICE PROVIDER, OR AFFILIATE.

  13. Tex. Utilities Code Sec. 15.029. CIVIL PENALTY FOR VIOLATING SECTION 12.055 OR 12.154.

  14. Tex. Utilities Code Sec. 15.030. OFFENSE.

  15. Tex. Utilities Code Sec. 15.031. PLACE FOR SUIT. A suit for an injunction or a penalty under this title may be brought in:

  16. Tex. Utilities Code Sec. 15.032. PENALTIES CUMULATIVE.

  17. Tex. Utilities Code Sec. 15.033. DISPOSITION OF FINES AND PENALTIES. A fine or penalty collected under this title, other than a fine or penalty collected in a criminal proceeding or a penalty collected under Section 15.027(a), shall be paid to the commission.

  18. Tex. Utilities Code Sec. 15.034. CONFIDENTIALITY OF ENFORCEMENT INFORMATION.

  19. Tex. Utilities Code Sec. 15.035. APPLICABILITY. For the purposes of imposing an administrative penalty under this subchapter, "person" includes:

  20. Tex. Utilities Code Sec. 15.051. COMPLAINT BY AFFECTED PERSON.

  21. Tex. Utilities Code Sec. 15.052. COMPLAINT REGARDING RECREATIONAL VEHICLE PARK OWNER.

  22. Tex. Utilities Code Sec. 15.101. APPLICATION OF SUBCHAPTER. This subchapter applies only to a person to whom Subtitle B applies.

  23. Tex. Utilities Code Sec. 15.102. RULES. The commission shall adopt rules to implement this subchapter.

  24. Tex. Utilities Code Sec. 15.103. PROCEEDINGS UNDER OTHER LAW. The commission may proceed solely under this subchapter or under this subchapter in conjunction with other applicable law.

  25. Tex. Utilities Code Sec. 15.104. AUTHORITY TO ISSUE ORDER.

  26. Tex. Utilities Code Sec. 15.105. NOTICE.

  27. Tex. Utilities Code Sec. 15.106. HEARING.

  28. Tex. Utilities Code Sec. 15.107. EFFECT OF ORDER PENDING HEARING. Pending a hearing under this subchapter, an order continues in effect unless the order is stayed by the commission.

Chapter 16

  1. Tex. Utilities Code Sec. 16.001. ASSESSMENT ON PUBLIC UTILITIES.

  2. Tex. Utilities Code Sec. 16.002. PAYMENT DATES.

  3. Tex. Utilities Code Sec. 16.003. LATE PAYMENT PENALTY.

  4. Tex. Utilities Code Sec. 16.004. COLLECTION BY COMPTROLLER. The comptroller shall collect the assessment and any penalty or interest due under this subchapter.

  5. Tex. Utilities Code Sec. 16.021. GRANTS OF FEDERAL FUNDS.

  6. Tex. Utilities Code Sec. 16.041. APPLICATION OF STATE FUNDS REFORM ACT. Money paid to the commission or to the office under this title is subject to Subchapter F, Chapter 404, Government Code.

  7. Tex. Utilities Code Sec. 16.042. ACCOUNTING RECORDS. The commission shall keep the accounting records required by the comptroller.

  8. Tex. Utilities Code Sec. 16.043. AUDIT. The financial transactions of the commission are subject to audit by the state auditor under Chapter 321, Government Code.

  9. Tex. Utilities Code Sec. 16.044. APPROVAL OF BUDGET. The commission budget is subject to legislative approval as part of the General Appropriations Act.

Chapter 17

  1. Tex. Utilities Code Sec. 17.001. CUSTOMER PROTECTION POLICY.

  2. Tex. Utilities Code Sec. 17.002. DEFINITIONS. In this chapter:

  3. Tex. Utilities Code Sec. 17.003. CUSTOMER AWARENESS.

  4. Tex. Utilities Code Sec. 17.004. CUSTOMER PROTECTION STANDARDS.

  5. Tex. Utilities Code Sec. 17.005. PROTECTIONS FOR CUSTOMERS OF MUNICIPALLY OWNED UTILITIES.

  6. Tex. Utilities Code Sec. 17.006. PROTECTIONS FOR CUSTOMERS OF ELECTRIC COOPERATIVES.

  7. Tex. Utilities Code Sec. 17.007. IDENTIFICATION PROCESS FOR CUSTOMER SERVICE BENEFITS.

  8. Tex. Utilities Code Sec. 17.008. PROTECTION OF RESIDENTIAL ELECTRIC SERVICE APPLICANTS AND CUSTOMERS.

  9. Tex. Utilities Code Sec. 17.009. PROTECTION OF RESIDENTIAL TELEPHONE SERVICE APPLICANTS AND CUSTOMERS.

  10. Tex. Utilities Code Sec. 17.010. DISASTER BILLING AWARENESS. The commission in cooperation with the Texas Division of Emergency Management shall:

  11. Tex. Utilities Code Sec. 17.011. TRANSPARENCY AND BEST PRACTICES GUIDE FOR ROOFTOP SOLAR SYSTEMS FOR HOMES.

  12. Tex. Utilities Code Sec. 17.051. ADOPTION OF RULES.

  13. Tex. Utilities Code Sec. 17.052. SCOPE OF RULES. The commission may adopt and enforce rules to:

  14. Tex. Utilities Code Sec. 17.053. REPORTS. The commission may require a telecommunications service provider, a retail electric provider, or an electric utility to submit reports to the commission concerning any matter over which it has authority under this chapter.

  15. Tex. Utilities Code Sec. 17.101. POLICY. It is the policy of this state that all customers be protected from the unauthorized switching of a telecommunications service provider, a retail electric provider, or an electric utility selected by the customer to provide service, where choice is permitted by law.

  16. Tex. Utilities Code Sec. 17.102. RULES RELATING TO CHOICE. The commission shall adopt and enforce rules that:

  17. Tex. Utilities Code Sec. 17.151. REQUIREMENTS FOR SUBMITTING CHARGES.

  18. Tex. Utilities Code Sec. 17.152. RESPONSIBILITIES OF BILLING UTILITY.

  19. Tex. Utilities Code Sec. 17.153. RECORDS OF DISPUTED CHARGES.

  20. Tex. Utilities Code Sec. 17.154. NOTICE.

  21. Tex. Utilities Code Sec. 17.155. PROVIDING COPY OF RECORDS. A billing utility shall provide a copy of records maintained under Sections 17.151(c), 17.152, and 17.154 to the commission staff on request. A service provider shall provide a copy of records maintained under Sections 17.151(b) and 17.153 to the commission on request.

  22. Tex. Utilities Code Sec. 17.156. VIOLATIONS.

  23. Tex. Utilities Code Sec. 17.157. DISPUTES.

  24. Tex. Utilities Code Sec. 17.158. CONSISTENCY WITH FEDERAL LAW. Rules adopted by the commission under this subchapter shall be consistent with and not more burdensome than applicable federal laws and rules.

  25. Tex. Utilities Code Sec. 17.201. DEFINITION. In this subchapter, "nonsubmetered master metered multifamily property" means an apartment, a leased or owner-occupied condominium, or one or more buildings containing at least 10 dwellings that receive electric utility service that is master metered but not submetered.

  26. Tex. Utilities Code Sec. 17.202. NOTICE OF DISCONNECTION TO MUNICIPALITIES FOR NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTIES.

  27. Tex. Utilities Code Sec. 17.203. ADDITIONAL SAFEGUARDS.

Chapter 18

  1. Tex. Utilities Code Sec. 18.001. DEFINITION. In this chapter, "committee" means the Texas Energy Waste Advisory Committee.

  2. Tex. Utilities Code Sec. 18.002. ESTABLISHMENT OF COMMITTEE. The Texas Energy Waste Advisory Committee is created to make recommendations for coordinating and improving state agency and interagency programs that reduce energy waste, increase energy efficiency, and enhance demand response programs in order to increase reliability of electric service in the ERCOT power region in accordance with Section 39.159.

  3. Tex. Utilities Code Sec. 18.003. COMMITTEE MEMBERSHIP.

  4. Tex. Utilities Code Sec. 18.004. PROGRAM EVALUATION AND RECOMMENDATIONS. To improve the reliability of electric service in the ERCOT power region, the committee shall solicit information from and make recommendations to the following state agencies and organizations regarding state programs that have the potential to reduce demand for electricity in the ERCOT wholesale market during high risk hours identified by the commission:

  5. Tex. Utilities Code Sec. 18.005. ADMINISTRATIVE SUPPORT. The commission shall provide the committee with administrative support, including meeting space and staff necessary to assist the committee in carrying out the committee's duties under this chapter.

  6. Tex. Utilities Code Sec. 18.006. CONFIDENTIALITY OF CERTAIN INFORMATION.

  7. Tex. Utilities Code Sec. 18.007. REPORT. Not later than December 1 of each even-numbered year, the committee shall provide to the legislature a report on the committee's activities and recommendations.

Chapter 31

  1. Tex. Utilities Code Sec. 31.001. LEGISLATIVE FINDINGS; PURPOSE OF SUBTITLE.

  2. Tex. Utilities Code Sec. 31.002. DEFINITIONS. In this subtitle:

  3. Tex. Utilities Code Sec. 31.0021. CHARGING SERVICE. The commission by rule may exempt from the definition of "electric utility" or "retail electric provider" under Section 31.002 a provider who owns or operates equipment used solely to provide electricity charging service for a mode of transportation.

  4. Tex. Utilities Code Sec. 31.004. ENERGY-EFFICIENT SCHOOL FACILITIES.

  5. Tex. Utilities Code Sec. 31.005. CUSTOMER-OPTION PROGRAMS.

  6. Tex. Utilities Code Sec. 31.051. DEFINITION. In this subchapter, "utility" means:

  7. Tex. Utilities Code Sec. 31.052. CYBERSECURITY COORDINATION PROGRAM FOR UTILITIES.

Chapter 32

  1. Tex. Utilities Code Sec. 32.001. COMMISSION JURISDICTION.

  2. Tex. Utilities Code Sec. 32.0015. REGULATION OF SUCCESSOR ELECTRIC UTILITY OR ELECTRIC COOPERATIVE. If an electric utility purchases, acquires, merges, or consolidates with or acquires 50 percent or more of the stock of an electric utility or electric cooperative, the commission shall regulate the successor electric utility or electric cooperative in the same manner that the commission would regulate the entity that was subject to the stricter regulation before the purchase, acquisition, merger, or consolidation.

  3. Tex. Utilities Code Sec. 32.002. LIMITATION ON COMMISSION JURISDICTION. Except as otherwise provided by this title, this subtitle does not authorize the commission to:

  4. Tex. Utilities Code Sec. 32.003. EXEMPT AREA JURISDICTION. Notwithstanding an election under Subchapter A, Chapter 33, by a municipality on the issue of surrendering its jurisdiction, the commission may:

  5. Tex. Utilities Code Sec. 32.004. ASSISTANCE TO MUNICIPALITY. On request of a municipality, the commission may advise and assist the municipality with respect to a question or proceeding arising under this title. Assistance provided by the commission may include aid to a municipality on a matter pending before the commission, a court, or the municipality's governing body, such as making a staff member available as a witness or otherwise providing evidence to the municipality.

  6. Tex. Utilities Code Sec. 32.051. EXEMPTION OF RIVER AUTHORITY FROM WHOLESALE RATE REGULATION. Notwithstanding any other provision of this title, the commission may not directly or indirectly regulate revenue requirements, rates, fuel costs, fuel charges, or fuel acquisitions that are related to the generation and sale of electricity at wholesale, and not to ultimate consumers, by a river authority operating a steam generating plant on or before January 1, 1999.

  7. Tex. Utilities Code Sec. 32.052. ABILITY OF CERTAIN RIVER AUTHORITIES TO CONSTRUCT IMPROVEMENTS. A river authority operating a steam generating plant on or before January 1, 1999, may acquire, finance, construct, rebuild, repower, and use new or existing power plants, equipment, transmission lines, or other assets to sell electricity exclusively at wholesale to:

  8. Tex. Utilities Code Sec. 32.053. ABILITY OF CERTAIN RIVER AUTHORITY AFFILIATES TO CONSTRUCT IMPROVEMENTS.

  9. Tex. Utilities Code Sec. 32.054. RESTRICTIONS ON AUTHORITY OF CORPORATIONS OR RIVER AUTHORITY.

  10. Tex. Utilities Code Sec. 32.101. TARIFF FILINGS.

  11. Tex. Utilities Code Sec. 32.102. DEPRECIATION ACCOUNT. The commission shall require each electric or municipally owned utility to carry a proper and adequate depreciation account in accordance with:

  12. Tex. Utilities Code Sec. 32.103. ACCOUNTS OF PROFITS AND LOSSES. An electric or municipally owned utility shall keep separate accounts showing profits or losses from the sale or lease of merchandise, including an appliance, a fixture, or equipment.

  13. Tex. Utilities Code Sec. 32.104. REPORT OF CERTAIN EXPENSES. A regulatory authority may require an electric utility to annually report the utility's expenditures for:

Chapter 33

  1. Tex. Utilities Code Sec. 33.001. MUNICIPAL JURISDICTION.

  2. Tex. Utilities Code Sec. 33.002. SURRENDER OF MUNICIPAL JURISDICTION TO COMMISSION.

  3. Tex. Utilities Code Sec. 33.003. REINSTATEMENT OF MUNICIPAL JURISDICTION.

  4. Tex. Utilities Code Sec. 33.004. AREA EXEMPT FROM COMMISSION REGULATION.

  5. Tex. Utilities Code Sec. 33.005. EXEMPT AREA REPORTING.

  6. Tex. Utilities Code Sec. 33.006. COMMISSION POWERS IN NONEXEMPT AREAS. This subchapter does not limit the duty and power of the commission to regulate the service and rates of a municipally regulated electric utility for service provided to another area in this state.

  7. Tex. Utilities Code Sec. 33.007. ALLOWABLE CHARGES. A municipality that performs a regulatory function under this title may make each charge that is authorized by:

  8. Tex. Utilities Code Sec. 33.008. FRANCHISE CHARGES.

  9. Tex. Utilities Code Sec. 33.021. RATE DETERMINATION.

  10. Tex. Utilities Code Sec. 33.0211. RATES AND FEES CHARGED BY CERTAIN MUNICIPALLY OWNED UTILITIES.

  11. Tex. Utilities Code Sec. 33.022. CONSIDERATION OF REVENUES AND RETURN FROM NONEXEMPT AREA. In establishing rates and charges in an area exempt from commission regulation, the governing body may consider an electric utility's revenues and return on investment in an area that is not exempt from commission regulation.

  12. Tex. Utilities Code Sec. 33.023. RATEMAKING PROCEEDINGS.

  13. Tex. Utilities Code Sec. 33.024. STATEMENT OF INTENT.

  14. Tex. Utilities Code Sec. 33.025. MUNICIPAL STANDING.

  15. Tex. Utilities Code Sec. 33.026. JUDICIAL REVIEW. A municipality is entitled to judicial review of a commission order relating to an electric utility providing services in the municipality as provided by Section 15.001.

  16. Tex. Utilities Code Sec. 33.051. APPEAL BY PARTY. A party to a rate proceeding before a municipality's governing body may appeal the governing body's decision to the commission.

  17. Tex. Utilities Code Sec. 33.052. APPEAL BY RESIDENTS. The residents of a municipality may appeal to the commission the decision of the municipality's governing body in a rate proceeding by filing with the commission a petition for review signed by a number of qualified voters of the municipality equal to at least the lesser of 20,000 or 10 percent of the qualified voters of the municipality.

  18. Tex. Utilities Code Sec. 33.053. FILING OF APPEAL.

  19. Tex. Utilities Code Sec. 33.054. HEARING AND ORDER.

  20. Tex. Utilities Code Sec. 33.055. APPLICABILITY OF RATES.

  21. Tex. Utilities Code Sec. 33.101. APPEAL BY RATEPAYERS OUTSIDE MUNICIPALITY.

  22. Tex. Utilities Code Sec. 33.102. IDENTIFICATION OF RATEPAYERS OUTSIDE MUNICIPALITY.

  23. Tex. Utilities Code Sec. 33.103. FILING OF APPEAL.

  24. Tex. Utilities Code Sec. 33.104. RATE APPLICATION. Not later than the 90th day after the date a petition for review is filed that complies with Section 33.103, the municipality shall file with the commission a rate application that complies in all material respects with the rules and forms prescribed by the commission. The commission may, for good cause shown, extend the period for filing a rate application.

  25. Tex. Utilities Code Sec. 33.121. APPLICATION OF COMMISSION REVIEW. A municipally owned utility is subject to this subchapter if the utility is a utility:

  26. Tex. Utilities Code Sec. 33.122. REVIEW OF CERTAIN RATE DECISIONS.

  27. Tex. Utilities Code Sec. 33.123. REVIEW OF CERTAIN DECISIONS FOR RATES CHARGED OUTSIDE MUNICIPALITY.

Chapter 34

  1. Tex. Utilities Code Sec. 34.0101. DEFINITIONS. In this subchapter:

  2. Tex. Utilities Code Sec. 34.0102. FUND.

  3. Tex. Utilities Code Sec. 34.0103. GRANTS FOR FACILITIES OUTSIDE ERCOT POWER REGION.

  4. Tex. Utilities Code Sec. 34.0104. LOANS FOR ERCOT POWER REGION.

  5. Tex. Utilities Code Sec. 34.0105. COMPLETION BONUS GRANTS.

  6. Tex. Utilities Code Sec. 34.0106. LOAN AND GRANT RESTRICTIONS.

  7. Tex. Utilities Code Sec. 34.0107. MANAGEMENT AND INVESTMENT OF FUND.

  8. Tex. Utilities Code Sec. 34.0108. RECEIVERSHIP OF DEFAULT GENERATING FACILITY.

  9. Tex. Utilities Code Sec. 34.0109. TEXAS ENERGY FUND ADVISORY COMMITTEE.

  10. Tex. Utilities Code Sec. 34.0110. RULES.

  11. Tex. Utilities Code Sec. 34.0201. DEFINITION. In this subchapter, "Texas backup power package" means a stand-alone, behind-the-meter, multiday backup power source that can be used for islanding.

  12. Tex. Utilities Code Sec. 34.0202. PURPOSE. The purpose of this subchapter is to facilitate and provide funding for the design, procurement, installation, and use of Texas backup power packages to ensure the reliability or adequacy of an electric power grid in this state for facilities on which communities rely for health, safety, and well-being.

  13. Tex. Utilities Code Sec. 34.0203. COMMISSION DUTIES.

  14. Tex. Utilities Code Sec. 34.0204. TEXAS BACKUP POWER PACKAGES. The commission may use money in the Texas energy fund without further appropriation to provide a grant or loan for the operation of a Texas backup power package that:

  15. Tex. Utilities Code Sec. 34.0205. GRANTS AND LOANS.

Chapter 35

  1. Tex. Utilities Code Sec. 35.001. DEFINITION. In this subchapter, "electric utility" includes a municipally owned utility and an electric cooperative.

  2. Tex. Utilities Code Sec. 35.002. RIGHT TO COMPETE AT WHOLESALE. A provider of generation, including an electric utility affiliate, exempt wholesale generator, and qualifying facility, may compete for the business of selling power.

  3. Tex. Utilities Code Sec. 35.0021. WEATHER EMERGENCY PREPAREDNESS.

  4. Tex. Utilities Code Sec. 35.0022. SERVICE INTERRUPTION NOTIFICATIONS.

  5. Tex. Utilities Code Sec. 35.003. PURCHASE FROM AFFILIATE; UNDUE PREFERENCE PROHIBITED.

  6. Tex. Utilities Code Sec. 35.004. PROVISION OF TRANSMISSION SERVICE.

  7. Tex. Utilities Code Sec. 35.005. AUTHORITY TO ORDER TRANSMISSION SERVICE.

  8. Tex. Utilities Code Sec. 35.006. RULES RELATED TO WHOLESALE TRANSMISSION SERVICE, RATES, AND ACCESS.

  9. Tex. Utilities Code Sec. 35.007. TARIFFS REQUIRED.

  10. Tex. Utilities Code Sec. 35.008. ALTERNATIVE DISPUTE RESOLUTION. The commission may require that each party to a dispute concerning prices or terms of wholesale transmission service engage in a nonbinding alternative dispute resolution process before seeking resolution of the dispute by the commission.

  11. Tex. Utilities Code Sec. 35.009. AMOUNTS PAID IN LIEU OF AD VALOREM TAXES FOR CERTAIN FACILITIES. A municipally owned utility that is required to apply for a certificate of public convenience and necessity to construct, install, or extend a transmission facility within ERCOT under Chapter 37 is entitled to recover, through the utility's wholesale transmission rate, reasonable payments made to a taxing entity in lieu of ad valorem taxes on that transmission facility, provided that:

  12. Tex. Utilities Code Sec. 35.010. COSTS RELATED TO REPORTING ON SAFETY PROCESSES AND INSPECTIONS FOR CERTAIN UTILITIES.

  13. Tex. Utilities Code Sec. 35.031. AUTHORITY TO OPERATE. An exempt wholesale generator or power marketer may sell electric energy only at wholesale.

  14. Tex. Utilities Code Sec. 35.032. COMMISSION REGISTRATION AND REQUIRED REPORTS.

  15. Tex. Utilities Code Sec. 35.033. AFFILIATE WHOLESALE PROVIDER. An affiliate of an electric utility may be an exempt wholesale generator or power marketer and may sell electric energy to its affiliated electric utility in accordance with laws governing wholesale sales of electric energy.

  16. Tex. Utilities Code Sec. 35.034. TRANSFER OF ASSETS.

  17. Tex. Utilities Code Sec. 35.035. VALUATION AND ACCOUNTING OF TRANSFERRED ASSETS.

  18. Tex. Utilities Code Sec. 35.036. DISTRIBUTED NATURAL GAS GENERATION FACILITIES.

  19. Tex. Utilities Code Sec. 35.037. INTERCONNECTION AND OPERATION OF CERTAIN DISTRIBUTED GENERATION FACILITIES FOR FOOD SUPPLY CHAIN.

  20. Tex. Utilities Code Sec. 35.038. FACILITATING CERTAIN INTERCOMPANY LANDFILL GAS-TO-ELECTRICITY USE.

  21. Tex. Utilities Code Sec. 35.061. ENCOURAGEMENT OF ECONOMICAL PRODUCTION. The commission shall adopt and enforce rules to encourage the economical production of electric energy by qualifying facilities.

  22. Tex. Utilities Code Sec. 35.062. APPLICATION FOR CERTIFICATION.

  23. Tex. Utilities Code Sec. 35.063. HEARING.

  24. Tex. Utilities Code Sec. 35.064. CERTIFICATION STANDARDS. The commission shall certify an agreement submitted under Section 35.062 if the agreement:

  25. Tex. Utilities Code Sec. 35.065. DEADLINES FOR COMMISSION ACTION.

  26. Tex. Utilities Code Sec. 35.066. TERM OF CERTIFICATION. A certification of an agreement granted under this subchapter is effective until the earlier of:

  27. Tex. Utilities Code Sec. 35.151. ELECTRIC ENERGY STORAGE. This subchapter applies only to the ownership or operation of electric energy storage equipment or facilities in the ERCOT power region that are intended to:

  28. Tex. Utilities Code Sec. 35.152. GENERATION ASSETS.

  29. Tex. Utilities Code Sec. 35.153. CONTRACTS FOR ELECTRIC ENERGY STORAGE FOR RELIABILITY SERVICES.

Chapter 36

  1. Tex. Utilities Code Sec. 36.001. AUTHORIZATION TO ESTABLISH AND REGULATE RATES.

  2. Tex. Utilities Code Sec. 36.002. COMPLIANCE WITH TITLE. An electric utility may not charge or receive a rate for utility service except as provided by this title.

  3. Tex. Utilities Code Sec. 36.003. JUST AND REASONABLE RATES.

  4. Tex. Utilities Code Sec. 36.004. EQUALITY OF RATES AND SERVICES.

  5. Tex. Utilities Code Sec. 36.005. RATES FOR AREA NOT IN MUNICIPALITY. Without the approval of the commission, an electric utility's rates for an area not in a municipality may not exceed 115 percent of the average of all rates for similar services for all municipalities served by the same utility in the same county as that area.

  6. Tex. Utilities Code Sec. 36.006. BURDEN OF PROOF. In a proceeding involving a proposed rate change, the electric utility has the burden of proving that:

  7. Tex. Utilities Code Sec. 36.007. DISCOUNTED WHOLESALE OR RETAIL RATES.

  8. Tex. Utilities Code Sec. 36.008. STATE TRANSMISSION SYSTEM. In establishing rates for an electric utility, the commission may review the state's transmission system and make recommendations to the utility on the need to build new power lines, upgrade power lines, and make other necessary improvements and additions.

  9. Tex. Utilities Code Sec. 36.009. BILLING DEMAND FOR CERTAIN UTILITY CUSTOMERS. Notwithstanding any other provision of this code, the commission by rule shall require a transmission and distribution utility to:

  10. Tex. Utilities Code Sec. 36.051. ESTABLISHING OVERALL REVENUES. In establishing an electric utility's rates, the regulatory authority shall establish the utility's overall revenues at an amount that will permit the utility a reasonable opportunity to earn a reasonable return on the utility's invested capital used and useful in providing service to the public in excess of the utility's reasonable and necessary operating expenses.

  11. Tex. Utilities Code Sec. 36.052. ESTABLISHING REASONABLE RETURN. In establishing a reasonable return on invested capital, the regulatory authority shall consider applicable factors, including:

  12. Tex. Utilities Code Sec. 36.053. COMPONENTS OF INVESTED CAPITAL.

  13. Tex. Utilities Code Sec. 36.054. CONSTRUCTION WORK IN PROGRESS.

  14. Tex. Utilities Code Sec. 36.055. SEPARATIONS AND ALLOCATIONS. Costs of facilities, revenues, expenses, taxes, and reserves shall be separated or allocated as prescribed by the regulatory authority.

  15. Tex. Utilities Code Sec. 36.056. DEPRECIATION, AMORTIZATION, AND DEPLETION.

  16. Tex. Utilities Code Sec. 36.057. NET INCOME; DETERMINATION OF REVENUES AND EXPENSES.

  17. Tex. Utilities Code Sec. 36.058. CONSIDERATION OF PAYMENT TO AFFILIATE.

  18. Tex. Utilities Code Sec. 36.059. TREATMENT OF CERTAIN TAX BENEFITS.

  19. Tex. Utilities Code Sec. 36.060. CONSOLIDATED INCOME TAX RETURNS.

  20. Tex. Utilities Code Sec. 36.061. ALLOWANCE OF CERTAIN EXPENSES.

  21. Tex. Utilities Code Sec. 36.062. CONSIDERATION OF CERTAIN EXPENSES. The regulatory authority may not consider for ratemaking purposes:

  22. Tex. Utilities Code Sec. 36.063. CONSIDERATION OF PROFIT OR LOSS FROM SALE OR LEASE OF MERCHANDISE. In establishing an electric or municipally owned utility's rates, the regulatory authority may not consider any profit or loss that results from the sale or lease of merchandise, including appliances, fixtures, or equipment, to the extent that merchandise is not integral to providing utility service.

  23. Tex. Utilities Code Sec. 36.064. SELF-INSURANCE.

  24. Tex. Utilities Code Sec. 36.065. PENSION AND OTHER POSTEMPLOYMENT BENEFITS.

  25. Tex. Utilities Code Sec. 36.066. COSTS RELATED TO REPORTING ON SAFETY PROCESSES AND INSPECTIONS FOR CERTAIN UTILITIES.

  26. Tex. Utilities Code Sec. 36.067. CONSIDERATION OF COMPENSATION AND BENEFIT EXPENSES.

  27. Tex. Utilities Code Sec. 36.101. DEFINITION. In this subchapter, "major change" means an increase in rates that would increase the aggregate revenues of the applicant more than the greater of $100,000 or 2-1/2 percent. The term does not include an increase in rates that the regulatory authority allows to go into effect or the electric utility makes under an order of the regulatory authority after hearings held with public notice.

  28. Tex. Utilities Code Sec. 36.102. STATEMENT OF INTENT TO CHANGE RATES.

  29. Tex. Utilities Code Sec. 36.103. NOTICE OF INTENT TO CHANGE RATES.

  30. Tex. Utilities Code Sec. 36.104. EARLY EFFECTIVE DATE OF RATE CHANGE.

  31. Tex. Utilities Code Sec. 36.105. DETERMINATION OF PROPRIETY OF RATE CHANGE; HEARING.

  32. Tex. Utilities Code Sec. 36.106. REGIONAL HEARING. The commission shall hold a regional hearing at an appropriate location in a case in which the commission determines it is in the public interest to hear testimony at a regional hearing for inclusion in the record.

  33. Tex. Utilities Code Sec. 36.107. PREFERENCE TO HEARING. The regulatory authority shall:

  34. Tex. Utilities Code Sec. 36.108. RATE SUSPENSION; DEADLINE.

  35. Tex. Utilities Code Sec. 36.109. TEMPORARY RATES.

  36. Tex. Utilities Code Sec. 36.110. BONDED RATES.

  37. Tex. Utilities Code Sec. 36.111. ESTABLISHMENT OF FINAL RATES.

  38. Tex. Utilities Code Sec. 36.112. COST RECOVERY AND RATE ADJUSTMENT STANDARDS AND PROCEDURES FOR CERTAIN NON-ERCOT UTILITIES.

  39. Tex. Utilities Code Sec. 36.151. UNREASONABLE OR VIOLATIVE EXISTING RATES.

  40. Tex. Utilities Code Sec. 36.152. INVESTIGATING COSTS OF OBTAINING SERVICE FROM ANOTHER SOURCE. If an electric utility does not produce or generate the service that it distributes, transmits, or furnishes to the public for compensation but obtains the service from another source, the regulatory authority may investigate the cost of that production or generation in an investigation of the reasonableness of the electric utility's rates.

  41. Tex. Utilities Code Sec. 36.153. RATE-FILING PACKAGE.

  42. Tex. Utilities Code Sec. 36.154. DEADLINE.

  43. Tex. Utilities Code Sec. 36.155. INTERIM ORDER ESTABLISHING TEMPORARY RATES.

  44. Tex. Utilities Code Sec. 36.156. AUTOMATIC TEMPORARY RATES.

  45. Tex. Utilities Code Sec. 36.157. RATE REVIEW SCHEDULE.

  46. Tex. Utilities Code Sec. 36.201. AUTOMATIC ADJUSTMENT FOR CHANGES IN COSTS. Except as permitted by Section 36.204, the commission may not establish a rate or tariff that authorizes an electric utility to automatically adjust and pass through to the utility's customers a change in the utility's fuel or other costs.

  47. Tex. Utilities Code Sec. 36.202. ADJUSTMENT FOR CHANGE IN TAX LIABILITY.

  48. Tex. Utilities Code Sec. 36.203. FUEL AND PURCHASED POWER COST RECOVERY; ADJUSTMENT OF FUEL FACTOR.

  49. Tex. Utilities Code Sec. 36.204. COST RECOVERY AND INCENTIVES. In establishing rates for an electric utility, the commission may:

  50. Tex. Utilities Code Sec. 36.205. PURCHASED POWER COST RECOVERY.

  51. Tex. Utilities Code Sec. 36.206. MARK-UPS.

  52. Tex. Utilities Code Sec. 36.207. USE OF MARK-UPS. Any mark-ups approved under Section 36.206 are an exceptional form of rate relief that the electric utility may recover from ratepayers only on a finding by the commission that the relief is necessary to maintain the utility's financial integrity.

  53. Tex. Utilities Code Sec. 36.208. PAYMENT TO QUALIFYING FACILITY. In establishing an electric utility's rates, the regulatory authority shall:

  54. Tex. Utilities Code Sec. 36.209. RECOVERY BY CERTAIN NON-ERCOT UTILITIES OF CERTAIN TRANSMISSION COSTS.

  55. Tex. Utilities Code Sec. 36.210. PERIODIC RATE ADJUSTMENTS.

  56. Tex. Utilities Code Sec. 36.211. RELATION BACK OF RATES FOR CERTAIN NON-ERCOT UTILITIES.

  57. Tex. Utilities Code Sec. 36.212. RATE CASE REQUIREMENT FOR CERTAIN NON-ERCOT UTILITIES.

  58. Tex. Utilities Code Sec. 36.213. ADJUSTMENT FOR CYBERSECURITY MONITOR COSTS FOR CERTAIN UTILITIES.

  59. Tex. Utilities Code Sec. 36.214. RECOVERY OF GENERATION INVESTMENT BY NON-ERCOT UTILITIES.

  60. Tex. Utilities Code Sec. 36.215. RECOVERY OF INVESTMENT IN DISTRIBUTED GENERATION AND RATES FOR BACKUP ELECTRIC SERVICE FOR CERTAIN NON-ERCOT UTILITIES.

  61. Tex. Utilities Code Sec. 36.216. SINGLE CAPITAL INVESTMENT PROCEDURE FOR CERTAIN UTILITIES.

  62. Tex. Utilities Code Sec. 36.351. DISCOUNTED RATES FOR CERTAIN INSTITUTIONS OF HIGHER EDUCATION.

  63. Tex. Utilities Code Sec. 36.352. SPECIAL RATE CLASS. Notwithstanding any other provision of this title, if the commission, on or before September 1, 1995, approved the establishment of a separate rate class for electric service for a university and grouped public schools in a separate rate class, the commission shall include community colleges in the rate class with public school customers.

  64. Tex. Utilities Code Sec. 36.353. PAYMENT IN LIEU OF TAX.

  65. Tex. Utilities Code Sec. 36.354. DISCOUNTED RATES FOR MILITARY BASES.

  66. Tex. Utilities Code Sec. 36.401. SECURITIZATION FOR RECOVERY OF SYSTEM RESTORATION COSTS; PURPOSE.

  67. Tex. Utilities Code Sec. 36.402. SYSTEM RESTORATION COSTS; STANDARDS AND DEFINITIONS.

  68. Tex. Utilities Code Sec. 36.403. STANDARDS AND PROCEDURES GOVERNING SECURITIZATION AND RECOVERY OF SYSTEM RESTORATION COSTS.

  69. Tex. Utilities Code Sec. 36.404. NONBYPASSABLE CHARGES. The commission shall include terms in the financing order to ensure that the imposition and collection of transition charges associated with the recovery of system restoration costs are nonbypassable by imposing restrictions on bypassability of the type provided for in Chapter 39 or by alternative means of ensuring nonbypassability, as the commission considers appropriate, consistent with the purposes of securitization.

  70. Tex. Utilities Code Sec. 36.405. DETERMINATION OF SYSTEM RESTORATION COSTS.

  71. Tex. Utilities Code Sec. 36.406. SEVERABILITY. Effective on the date the first utility transition bonds associated with system restoration costs are issued under this subchapter, if any provision in this title or portion of this title is held to be invalid or is invalidated, superseded, replaced, repealed, or expires for any reason, that occurrence does not affect the validity or continuation of this subchapter, Subchapter G, Chapter 39, as it applies to this subchapter, or any part of those provisions, or any other provision of this title that is relevant to the issuance, administration, payment, retirement, or refunding of transition bonds or to any actions of the electric utility, its successors, an assignee, a collection agent, or a financing party, and those provisions shall remain in full force and effect.

  72. Tex. Utilities Code Sec. 36.451. PURPOSE AND APPLICABILITY.

  73. Tex. Utilities Code Sec. 36.452. DEFINITIONS.

  74. Tex. Utilities Code Sec. 36.453. CREATION OF CORPORATION.

  75. Tex. Utilities Code Sec. 36.454. POWERS AND DUTIES OF CORPORATION.

  76. Tex. Utilities Code Sec. 36.455. COMMISSION REGULATION OF CORPORATION. The commission shall regulate the corporation as provided by this subchapter and consistent with the manner in which it regulates public utilities. Notwithstanding the regulation authorized by this section, the corporation is not a public utility.

  77. Tex. Utilities Code Sec. 36.456. FINANCING ORDER.

  78. Tex. Utilities Code Sec. 36.457. SEVERABILITY. Effective on the date the first system restoration bonds associated with system restoration costs are issued under this subchapter, if any provision in this title or portion of this title is held to be invalid or is invalidated, superseded, replaced, repealed, or expires for any reason, that occurrence does not affect the validity or continuation of this subchapter, Subchapter I of this chapter, as that subchapter applies to this subchapter, Subchapter G, Chapter 39, as that subchapter applies to this subchapter, or any part of those provisions, or any other provision of this title that is relevant to the issuance, administration, payment, retirement, or refunding of system restoration bonds or to any actions of the electric utility, its successors, an assignee, a collection agent, the corporation, an issuer, or a financing party, and those provisions shall remain in full force and effect.

Chapter 37

  1. Tex. Utilities Code Sec. 37.001. DEFINITIONS. In this chapter:

  2. Tex. Utilities Code Sec. 37.002. CHARGING SERVICE. The commission may by rule exempt from the definition of "retail electric utility" under Section 37.001 a provider who owns or operates equipment used solely to provide electricity charging service for a mode of transportation.

  3. Tex. Utilities Code Sec. 37.051. CERTIFICATE REQUIRED.

  4. Tex. Utilities Code Sec. 37.052. EXCEPTIONS TO CERTIFICATE REQUIREMENT FOR SERVICE EXTENSION.

  5. Tex. Utilities Code Sec. 37.0521. EXCEPTION FOR RETAIL SALES BY CERTAIN QUALIFYING COGENERATORS.

  6. Tex. Utilities Code Sec. 37.053. APPLICATION FOR CERTIFICATE.

  7. Tex. Utilities Code Sec. 37.054. NOTICE AND HEARING ON APPLICATION.

  8. Tex. Utilities Code Sec. 37.0541. CONSOLIDATION OF CERTAIN PROCEEDINGS. The commission shall consolidate the proceeding on an application to obtain or amend a certificate of convenience and necessity for the construction of a transmission line with the proceeding on another application to obtain or amend a certificate of convenience and necessity for the construction of a transmission line if it is apparent from the applications or a motion to intervene in either proceeding that the transmission lines that are the subject of the separate proceedings share a common point of interconnection.

  9. Tex. Utilities Code Sec. 37.055. REQUEST FOR PRELIMINARY ORDER.

  10. Tex. Utilities Code Sec. 37.056. GRANT OR DENIAL OF CERTIFICATE.

  11. Tex. Utilities Code Sec. 37.0561. PLANNING FOR AND INTERCONNECTION OF LARGE LOADS.

  12. Tex. Utilities Code Sec. 37.057. DEADLINE FOR APPLICATION FOR NEW TRANSMISSION FACILITY. The commission must approve or deny an application for a certificate for a new transmission facility not later than the 180th day after the date the application is filed. If the commission does not approve or deny the application on or before that date, a party may seek a writ of mandamus in a district court of Travis County to compel the commission to decide on the application.

  13. Tex. Utilities Code Sec. 37.058. CERTIFICATE AND DETERMINATION ISSUED TO CERTAIN NON-ERCOT UTILITIES FOR GENERATING FACILITY.

  14. Tex. Utilities Code Sec. 37.059. REVOCATION OR AMENDMENT OF CERTIFICATE.

  15. Tex. Utilities Code Sec. 37.060. DIVISION OF MULTIPLY CERTIFICATED SERVICE AREAS.

  16. Tex. Utilities Code Sec. 37.061. EXISTING SERVICE AREA AGREEMENTS.

  17. Tex. Utilities Code Sec. 37.101. SERVICE IN ANNEXED OR INCORPORATED AREA.

  18. Tex. Utilities Code Sec. 37.102. GRANT OF CERTIFICATE FOR CERTAIN MUNICIPALITIES.

  19. Tex. Utilities Code Sec. 37.151. PROVISION OF SERVICE. Except as provided by Sections 37.152 and 37.153, a certificate holder shall:

  20. Tex. Utilities Code Sec. 37.152. GROUNDS FOR REDUCTION OF SERVICE.

  21. Tex. Utilities Code Sec. 37.153. REQUIRED REFUSAL OF SERVICE. A certificate holder shall refuse to serve a customer in the holder's certificated area if the holder is prohibited from providing the service under Section 212.012, 232.029, or 232.0291, Local Government Code.

  22. Tex. Utilities Code Sec. 37.154. TRANSFER OF CERTIFICATE.

  23. Tex. Utilities Code Sec. 37.155. APPLICATION OF CONTRACTS. A contract approved by the commission between retail electric utilities that designates areas and customers to be served by the utilities:

  24. Tex. Utilities Code Sec. 37.156. INTERFERENCE WITH ANOTHER UTILITY. If an electric utility constructing or extending the utility's lines, plant, or system interferes or attempts to interfere with the operation of a line, plant, or system of another utility, the commission by order may:

  25. Tex. Utilities Code Sec. 37.157. MAPS.

Chapter 38

  1. Tex. Utilities Code Sec. 38.001. GENERAL STANDARD. An electric utility and an electric cooperative shall furnish service, instrumentalities, and facilities that are safe, adequate, efficient, and reasonable.

  2. Tex. Utilities Code Sec. 38.002. AUTHORITY OF REGULATORY AUTHORITY CONCERNING STANDARDS. A regulatory authority, on its own motion or on complaint and after reasonable notice and hearing, may:

  3. Tex. Utilities Code Sec. 38.003. RULE OR STANDARD.

  4. Tex. Utilities Code Sec. 38.004. MINIMUM CLEARANCE STANDARD.

  5. Tex. Utilities Code Sec. 38.005. ELECTRIC SERVICE RELIABILITY MEASURES.

  6. Tex. Utilities Code Sec. 38.006. STRUCTURAL INTEGRITY STANDARDS FOR TRANSMISSION AND DISTRIBUTION POLES.

  7. Tex. Utilities Code Sec. 38.021. UNREASONABLE PREFERENCE OR PREJUDICE CONCERNING SERVICE PROHIBITED. In providing a service to persons in a classification, an electric utility may not:

  8. Tex. Utilities Code Sec. 38.022. DISCRIMINATION AND RESTRICTION ON COMPETITION. An electric utility may not:

  9. Tex. Utilities Code Sec. 38.051. EXAMINATION AND TEST OF INSTRUMENT OR EQUIPMENT; INSPECTION.

  10. Tex. Utilities Code Sec. 38.052. INSPECTION FOR CONSUMER.

  11. Tex. Utilities Code Sec. 38.071. IMPROVEMENTS IN SERVICE; INTERCONNECTING SERVICE. The commission, after notice and hearing, may:

  12. Tex. Utilities Code Sec. 38.072. PRIORITIES FOR POWER RESTORATION TO CERTAIN MEDICAL FACILITIES.

  13. Tex. Utilities Code Sec. 38.0725. LIST OF PRIORITY FACILITIES.

  14. Tex. Utilities Code Sec. 38.073. AUTHORITY OF COMMISSION DURING AN EMERGENCY.

  15. Tex. Utilities Code Sec. 38.074. CRITICAL NATURAL GAS FACILITIES AND ENTITIES.

  16. Tex. Utilities Code Sec. 38.075. WEATHER EMERGENCY PREPAREDNESS.

  17. Tex. Utilities Code Sec. 38.076. INVOLUNTARY AND VOLUNTARY LOAD SHEDDING.

  18. Tex. Utilities Code Sec. 38.077. RELIABILITY EXERCISES.

  19. Tex. Utilities Code Sec. 38.078. CIRCUIT SEGMENTATION STUDY AND COST RECOVERY.

  20. Tex. Utilities Code Sec. 38.079. TRANSMISSION AND DISTRIBUTION SYSTEM RESILIENCY PLAN AND COST RECOVERY.

  21. Tex. Utilities Code Sec. 38.080. WILDFIRE MITIGATION PLAN.

  22. Tex. Utilities Code Sec. 38.081. EVIDENCE IN ACTIONS FOR DAMAGES CAUSED BY WILDFIRE.

  23. Tex. Utilities Code Sec. 38.101. REPORT ON INFRASTRUCTURE IMPROVEMENT AND MAINTENANCE.

  24. Tex. Utilities Code Sec. 38.102. REPORTS ON SAFETY PROCESSES AND INSPECTIONS.

  25. Tex. Utilities Code Sec. 38.103. DISTRIBUTION POLE PLAN.

  26. Tex. Utilities Code Sec. 38.201. TEXAS ELECTRICITY SUPPLY CHAIN SECURITY AND MAPPING COMMITTEE.

  27. Tex. Utilities Code Sec. 38.202. ADMINISTRATION.

  28. Tex. Utilities Code Sec. 38.203. POWERS AND DUTIES OF COMMITTEE.

  29. Tex. Utilities Code Sec. 38.204. MAPPING REPORT.

Chapter 39

  1. Tex. Utilities Code Sec. 39.001. LEGISLATIVE POLICY AND PURPOSE.

  2. Tex. Utilities Code Sec. 39.002. APPLICABILITY. This chapter, other than Sections 39.151, 39.1516, 39.155, 39.157(e), 39.161, 39.162, 39.163, 39.169, 39.170, 39.203, 39.9051, 39.9052, and 39.914(e), and Subchapters M and N, does not apply to a municipally owned utility or an electric cooperative. Sections 39.157(e) and 39.203 apply only to a municipally owned utility or an electric cooperative that is offering customer choice. If there is a conflict between the specific provisions of this chapter and any other provisions of this title, except for Chapters 40 and 41, the provisions of this chapter control.

  3. Tex. Utilities Code Sec. 39.003. CONTESTED CASES. Unless specifically provided otherwise, each commission proceeding under this chapter, other than a rulemaking proceeding, report, notification, or registration, shall be conducted as a contested case and the burden of proof is on the incumbent electric utility.

  4. Tex. Utilities Code Sec. 39.004. HIRING ASSISTANCE FOR REGIONAL PROCEEDINGS.

  5. Tex. Utilities Code Sec. 39.051. UNBUNDLING.

  6. Tex. Utilities Code Sec. 39.052. FREEZE ON EXISTING RETAIL BASE RATE TARIFFS.

  7. Tex. Utilities Code Sec. 39.053. COST RECOVERY ADJUSTMENTS. This subchapter does not limit or alter the ability of an electric utility during the freeze period to revise its fuel factor or to reconcile fuel expenses and to either refund fuel overcollections or surcharge fuel undercollections to customers, as authorized by its tariffs and Sections 36.203 and 36.205.

  8. Tex. Utilities Code Sec. 39.054. RETAIL ELECTRIC SERVICE DURING FREEZE PERIOD.

  9. Tex. Utilities Code Sec. 39.055. FORCE MAJEURE.

  10. Tex. Utilities Code Sec. 39.101. CUSTOMER SAFEGUARDS.

  11. Tex. Utilities Code Sec. 39.102. RETAIL CUSTOMER CHOICE.

  12. Tex. Utilities Code Sec. 39.1025. LIMITATIONS ON TELEPHONE SOLICITATION.

  13. Tex. Utilities Code Sec. 39.103. COMMISSION AUTHORITY TO DELAY COMPETITION AND SET NEW RATES. If the commission determines under Section 39.104 that a power region is unable to offer fair competition and reliable service to all retail customer classes on January 1, 2002, the commission shall delay customer choice for the power region and may on or after January 1, 2002, establish new rates for all electric utilities in the power region as provided by Chapter 36.

  14. Tex. Utilities Code Sec. 39.104. CUSTOMER CHOICE PILOT PROJECTS.

  15. Tex. Utilities Code Sec. 39.105. LIMITATION ON SALE OF ELECTRICITY.

  16. Tex. Utilities Code Sec. 39.106. PROVIDER OF LAST RESORT.

  17. Tex. Utilities Code Sec. 39.107. METERING AND BILLING SERVICES.

  18. Tex. Utilities Code Sec. 39.108. CONTRACTUAL OBLIGATIONS. This chapter may not:

  19. Tex. Utilities Code Sec. 39.109. NEW OWNER OR SUCCESSOR.

  20. Tex. Utilities Code Sec. 39.110. WHOLESALE INDEXED PRODUCTS PROHIBITED.

  21. Tex. Utilities Code Sec. 39.112. NOTICE OF EXPIRATION AND PRICE CHANGE.

  22. Tex. Utilities Code Sec. 39.113. RATE TRANSPARENCY.

  23. Tex. Utilities Code Sec. 39.151. ESSENTIAL ORGANIZATIONS.

  24. Tex. Utilities Code Sec. 39.1511. PUBLIC MEETINGS OF THE GOVERNING BODY OF AN INDEPENDENT ORGANIZATION.

  25. Tex. Utilities Code Sec. 39.1512. DISCLOSURE OF INTEREST IN MATTER BEFORE INDEPENDENT ORGANIZATION'S GOVERNING BODY; PARTICIPATION IN DECISION.

  26. Tex. Utilities Code Sec. 39.1513. ERCOT BOARD SELECTION COMMITTEE.

  27. Tex. Utilities Code Sec. 39.1514. COMMISSION DIRECTIVES TO INDEPENDENT ORGANIZATION.

  28. Tex. Utilities Code Sec. 39.1515. WHOLESALE ELECTRIC MARKET MONITOR.

  29. Tex. Utilities Code Sec. 39.1516. CYBERSECURITY MONITOR.

  30. Tex. Utilities Code Sec. 39.152. QUALIFYING POWER REGIONS.

  31. Tex. Utilities Code Sec. 39.153. CAPACITY AUCTION.

  32. Tex. Utilities Code Sec. 39.154. LIMITATION OF OWNERSHIP OF INSTALLED CAPACITY.

  33. Tex. Utilities Code Sec. 39.155. COMMISSION ASSESSMENT OF MARKET POWER.

  34. Tex. Utilities Code Sec. 39.156. MARKET POWER MITIGATION PLAN.

  35. Tex. Utilities Code Sec. 39.157. COMMISSION AUTHORITY TO ADDRESS MARKET POWER.

  36. Tex. Utilities Code Sec. 39.158. MERGERS AND CONSOLIDATIONS.

  37. Tex. Utilities Code Sec. 39.159. POWER REGION RELIABILITY AND DISPATCHABLE GENERATION.

  38. Tex. Utilities Code Sec. 39.1591. REPORT ON DISPATCHABLE AND NON-DISPATCHABLE GENERATION FACILITIES. Not later than December 1 of each year, the commission shall file a report with the legislature that:

  39. Tex. Utilities Code Sec. 39.1592. GENERATION RELIABILITY REQUIREMENTS.

  40. Tex. Utilities Code Sec. 39.1593. COST ALLOCATION OF RELIABILITY SERVICES.

  41. Tex. Utilities Code Sec. 39.1594. RELIABILITY PROGRAM.

  42. Tex. Utilities Code Sec. 39.1595. GRID RELIABILITY LEGISLATIVE OVERSIGHT COMMITTEE.

  43. Tex. Utilities Code Sec. 39.160. WHOLESALE PRICING PROCEDURES.

  44. Tex. Utilities Code Sec. 39.161. CHARGES FOR CERTAIN MARKET PARTICIPANTS. Notwithstanding any other law, no default or uplift charge or repayment may be allocated to or collected from a market participant that:

  45. Tex. Utilities Code Sec. 39.162. DEFAULT OF MARKET PARTICIPANT.

  46. Tex. Utilities Code Sec. 39.163. AMOUNTS OWED TO INDEPENDENT ORGANIZATION BY MARKET PARTICIPANTS.

  47. Tex. Utilities Code Sec. 39.164. AUDIT OF INDEPENDENT ORGANIZATION CERTIFIED FOR ERCOT POWER REGION.

  48. Tex. Utilities Code Sec. 39.165. GRID RELIABILITY ASSESSMENT.

  49. Tex. Utilities Code Sec. 39.166. RELIABILITY PLAN FOR REGIONS WITH RAPID ELECTRICAL LOAD GROWTH.

  50. Tex. Utilities Code Sec. 39.1675. ELECTRIC INDUSTRY REPORT.

  51. Tex. Utilities Code Sec. 39.1678. CONFLICTS OF INTEREST REPORT. The commission and the independent organization certified under Section 39.151 for the ERCOT power region annually shall review statutes, rules, protocols, and bylaws that apply to conflicts of interest for commissioners and for members of the governing body of the independent organization and submit to the legislature a report on the effects the statutes, rules, protocols, and bylaws have on the ability of the commission and the independent organization to fulfill their duties.

  52. Tex. Utilities Code Sec. 39.168. RETAIL SALES REPORT.

  53. Tex. Utilities Code Sec. 39.169. CO-LOCATION OF LARGE LOAD CUSTOMER WITH EXISTING GENERATION RESOURCE.

  54. Tex. Utilities Code Sec. 39.170. LARGE LOAD DEMAND MANAGEMENT SERVICE.

  55. Tex. Utilities Code Sec. 39.201. COST OF SERVICE TARIFFS AND CHARGES.

  56. Tex. Utilities Code Sec. 39.202. PRICE TO BEAT.

  57. Tex. Utilities Code Sec. 39.203. TRANSMISSION AND DISTRIBUTION SERVICE.

  58. Tex. Utilities Code Sec. 39.204. TARIFFS FOR OPEN ACCESS. Each transmission and distribution utility shall file a tariff implementing the open access rules with the commission or the federal regulatory authority having jurisdiction over the transmission and distribution service of the utility not later than the 90th day before the date customer choice is offered by that utility.

  59. Tex. Utilities Code Sec. 39.205. REGULATION OF COSTS FOLLOWING FREEZE PERIOD. At the conclusion of the freeze period, any remaining costs associated with nuclear decommissioning obligations continue to be subject to cost of service rate regulation and shall be included as a nonbypassable charge to retail customers. The commission may adopt rules necessary to ensure that money for decommissioning is prudently collected, managed, and spent for its intended purpose and that money that remains unspent after decommissioning is completed is returned to retail customers.

  60. Tex. Utilities Code Sec. 39.206. NUCLEAR GENERATING UNIT DECOMMISSIONING COST PLAN.

  61. Tex. Utilities Code Sec. 39.251. DEFINITIONS. In this subchapter:

  62. Tex. Utilities Code Sec. 39.252. RIGHT TO RECOVER STRANDED COSTS.

  63. Tex. Utilities Code Sec. 39.253. ALLOCATION OF STRANDED COSTS.

  64. Tex. Utilities Code Sec. 39.254. USE OF REVENUES FOR UTILITIES WITH STRANDED COSTS. This subchapter provides a number of tools to an electric utility to mitigate stranded costs. Each electric utility that was reported by the commission to have positive "excess costs over market" (ECOM), denoted as the "base case" for the amount of stranded costs before full retail competition in 2002 with respect to its Texas jurisdiction, in the April 1998 Report to the Texas Senate Interim Committee on Electric Utility Restructuring entitled "Potentially Strandable Investment

  65. Tex. Utilities Code Sec. 39.255. USE OF REVENUES FOR UTILITIES WITH NO STRANDED COSTS.

  66. Tex. Utilities Code Sec. 39.256. OPTION TO REDIRECT DEPRECIATION.

  67. Tex. Utilities Code Sec. 39.257. ANNUAL REPORT.

  68. Tex. Utilities Code Sec. 39.258. ANNUAL REPORT: DETERMINATION OF ANNUAL COSTS. For the purposes of determining the annual costs in each annual report, the following amounts shall be used:

  69. Tex. Utilities Code Sec. 39.259. ANNUAL REPORT: DETERMINATION OF INVESTED CAPITAL.

  70. Tex. Utilities Code Sec. 39.260. USE OF GENERALLY ACCEPTED ACCOUNTING PRINCIPLES.

  71. Tex. Utilities Code Sec. 39.261. REVIEW OF ANNUAL REPORT.

  72. Tex. Utilities Code Sec. 39.262. TRUE-UP PROCEEDING.

  73. Tex. Utilities Code Sec. 39.263. STRANDED COST RECOVERY OF ENVIRONMENTAL CLEANUP COSTS.

  74. Tex. Utilities Code Sec. 39.264. EMISSIONS REDUCTIONS OF "GRANDFATHERED FACILITIES".

  75. Tex. Utilities Code Sec. 39.265. RIGHTS NOT AFFECTED. This chapter is not intended to alter any rights of utilities to recover stranded costs from wholesale customers.

  76. Tex. Utilities Code Sec. 39.301. PURPOSE. The purpose of this subchapter is to enable utilities to use securitization financing to recover regulatory assets, all other amounts determined under Section 39.262, and any amounts being recovered under a competition transition charge determined as a result of the proceedings under Sections 39.201 and 39.262. This type of debt will lower the carrying costs of the assets relative to the costs that would be incurred using conventional utility financing methods. The proceeds of the transition bonds shall be used solely for the purposes of reducing the amount of recoverable regulatory assets and other amounts, as determined by the commission in accordance with this chapter, through the refinancing or retirement of utility debt or equity. The commission shall ensure that securitization provides tangible and quantifiable benefits to ratepayers, greater than would have been achieved absent the issuance of transition bonds. The commission shall ensure that the structuring and pricing of the transition bonds result in the lowest transition bond charges consistent with market conditions and the terms of the financing order. The amount securitized may not exceed the present value of the revenue requirement over the life of the proposed transition bond associated with the regulatory assets or other amounts sought to be securitized. The present value calculation shall use a discount rate equal to the proposed interest rate on the transition bonds.

  77. Tex. Utilities Code Sec. 39.302. DEFINITIONS. In this subchapter:

  78. Tex. Utilities Code Sec. 39.303. FINANCING ORDERS; TERMS.

  79. Tex. Utilities Code Sec. 39.304. PROPERTY RIGHTS.

  80. Tex. Utilities Code Sec. 39.305. NO SETOFF. The interest of an assignee or pledgee in transition property and in the revenues and collections arising from that property are not subject to setoff, counterclaim, surcharge, or defense by the electric utility or any other person or in connection with the bankruptcy of the electric utility or any other entity. A financing order shall remain in effect and unabated notwithstanding the bankruptcy of the electric utility, its successors, or assignees.

  81. Tex. Utilities Code Sec. 39.306. NO BYPASS. A financing order shall include terms ensuring that the imposition and collection of transition charges authorized in the order shall be nonbypassable.

  82. Tex. Utilities Code Sec. 39.307. TRUE-UP. A financing order shall include a mechanism requiring that transition charges be reviewed and adjusted at least annually, within 45 days of the anniversary date of the issuance of the transition bonds, to correct any overcollections or undercollections of the preceding 12 months and to ensure the expected recovery of amounts sufficient to timely provide all payments of debt service and other required amounts and charges in connection with the transition bonds.

  83. Tex. Utilities Code Sec. 39.308. TRUE SALE. An agreement by an electric utility or assignee to transfer transition property that expressly states that the transfer is a sale or other absolute transfer signifies that the transaction is a true sale and is not a secured transaction and that title, legal and equitable, has passed to the entity to which the transition property is transferred. This true sale shall apply regardless of whether the purchaser has any recourse against the seller, or any other term of the parties' agreement, including the seller's retention of an equity interest in the transition property, the fact that the electric utility acts as the collector of transition charges relating to the transition property, or the treatment of the transfer as a financing for tax, financial reporting, or other purposes.

  84. Tex. Utilities Code Sec. 39.309. SECURITY INTERESTS; ASSIGNMENT; COMMINGLING; DEFAULT.

  85. Tex. Utilities Code Sec. 39.310. PLEDGE OF STATE. Transition bonds are not a debt or obligation of the state and are not a charge on its full faith and credit or taxing power. The state pledges, however, for the benefit and protection of financing parties and the electric utility, that it will not take or permit any action that would impair the value of transition property, or, except as permitted by Section 39.307, reduce, alter, or impair the transition charges to be imposed, collected, and remitted to financing parties, until the principal, interest and premium, and any other charges incurred and contracts to be performed in connection with the related transition bonds have been paid and performed in full. Any party issuing transition bonds is authorized to include this pledge in any documentation relating to those bonds.

  86. Tex. Utilities Code Sec. 39.311. TAX EXEMPTION. Transactions involving the transfer and ownership of transition property and the receipt of transition charges are exempt from state and local income, sales, franchise, gross receipts, and other taxes or similar charges.

  87. Tex. Utilities Code Sec. 39.312. NOT PUBLIC UTILITY. An assignee or financing party may not be considered to be a public utility or person providing electric service solely by virtue of the transactions described in this subchapter.

  88. Tex. Utilities Code Sec. 39.313. SEVERABILITY. Effective on the date the first utility transition bonds are issued under this subchapter, if any provision in this title or portion of this title is held to be invalid or is invalidated, superseded, replaced, repealed, or expires for any reason, that occurrence does not affect the validity or continuation of this subchapter, Section 39.201, 39.251, 39.252, or 39.262, or any part of those provisions, or any other provision of this title that is relevant to the issuance, administration, payment, retirement, or refunding of transition bonds or to any actions of the electric utility, its successors, an assignee, a collection agent, or a financing party, which shall remain in full force and effect.

  89. Tex. Utilities Code Sec. 39.351. REGISTRATION OF POWER GENERATION COMPANIES.

  90. Tex. Utilities Code Sec. 39.3515. AGGREGATE DISTRIBUTED ENERGY RESOURCES.

  91. Tex. Utilities Code Sec. 39.352. CERTIFICATION OF RETAIL ELECTRIC PROVIDERS.

  92. Tex. Utilities Code Sec. 39.353. REGISTRATION OF AGGREGATORS.

  93. Tex. Utilities Code Sec. 39.3535. MILITARY BASES AGGREGATORS.

  94. Tex. Utilities Code Sec. 39.354. REGISTRATION OF MUNICIPAL AGGREGATORS.

  95. Tex. Utilities Code Sec. 39.3545. REGISTRATION OF POLITICAL SUBDIVISION AGGREGATORS.

  96. Tex. Utilities Code Sec. 39.355. REGISTRATION OF POWER MARKETERS. A person may not sell electric energy at wholesale as a power marketer unless the person registers with the commission pursuant to Section 35.032.

  97. Tex. Utilities Code Sec. 39.3555. REGISTRATION OF BROKERS.

  98. Tex. Utilities Code Sec. 39.356. REVOCATION OF CERTIFICATION.

  99. Tex. Utilities Code Sec. 39.357. ADMINISTRATIVE PENALTY. In addition to the suspension, revocation, or amendment of a certification, the commission may impose an administrative penalty, as provided by Section 15.023, for violations described by Section 39.356.

  100. Tex. Utilities Code Sec. 39.358. LOCAL REGISTRATION OF RETAIL ELECTRIC PROVIDER.

  101. Tex. Utilities Code Sec. 39.359. BILL PAYMENT ASSISTANCE FOR BURNED VETERANS.

  102. Tex. Utilities Code Sec. 39.360. TRANSACTIONS WITH CERTAIN FOREIGN-OWNED COMPANIES IN CONNECTION WITH CRITICAL INFRASTRUCTURE.

  103. Tex. Utilities Code Sec. 39.361. LARGE FLEXIBLE LOAD REGISTRATION.

  104. Tex. Utilities Code Sec. 39.401. APPLICABILITY. This subchapter shall apply to investor-owned electric utilities operating solely outside of ERCOT having fewer than six synchronous interconnections with voltage levels above 69 kilovolts systemwide on the effective date of this subchapter. The legislature finds that circumstances exist that require that areas served by such utilities be treated as competitive development areas in which it is not in the public interest to transition to full retail customer choice at this time.

  105. Tex. Utilities Code Sec. 39.402. REGULATION OF UTILITY AND TRANSITION TO COMPETITION.

  106. Tex. Utilities Code Sec. 39.407. CUSTOMER CHOICE AND RELEVANT MARKET AND RELATED MATTERS.

  107. Tex. Utilities Code Sec. 39.408. HIRING ASSISTANCE FOR FEDERAL PROCEEDINGS.

  108. Tex. Utilities Code Sec. 39.409. RECOUPMENT OF TRANSITION TO COMPETITION COSTS. An electric utility subject to this subchapter is entitled to recover, as provided by this section, all reasonable and necessary expenditures made or incurred before September 1, 2001, to comply with the provisions of this chapter. Not later than December 1, 2001, each electric utility subject to this subchapter may file with the commission an application for recovery detailing the amounts spent or incurred. After notice and hearing, the commission shall review the amounts and, if found to be reasonable and necessary, approve a transition to competition retail rate rider mechanism for the recovery of the approved transition to competition costs. A rate rider implemented to recover approved transition to competition costs shall expire not later than December 31, 2006.

  109. Tex. Utilities Code Sec. 39.410. CONTRACTUAL OBLIGATIONS. This subchapter may not:

  110. Tex. Utilities Code Sec. 39.451. APPLICABILITY. This subchapter applies only to an investor-owned electric utility that is operating solely outside of ERCOT in areas of this state that were included in the Southeastern Electric Reliability Council on January 1, 2005.

  111. Tex. Utilities Code Sec. 39.452. REGULATION OF UTILITY AND TRANSITION TO COMPETITION.

  112. Tex. Utilities Code Sec. 39.4525. HIRING ASSISTANCE FOR FEDERAL PROCEEDINGS.

  113. Tex. Utilities Code Sec. 39.453. CUSTOMER CHOICE AND RELEVANT MARKET AND RELATED MATTERS.

  114. Tex. Utilities Code Sec. 39.454. RECOUPMENT OF TRANSITION TO COMPETITION COSTS. An electric utility subject to this subchapter is entitled to recover, as provided by this section, all reasonable and necessary expenditures made or incurred before the effective date of this section to comply with this chapter, to the extent the costs have not otherwise been recovered. The electric utility may file with the commission an application for recovery that gives details of the amounts spent or incurred. After notice and hearing, the commission shall review the amounts and, if the amounts are found to be reasonable and necessary and not otherwise previously recovered, approve a transition to competition retail rate rider mechanism for the recovery of the approved transition to competition costs. A rate proceeding under Chapter 36 is not required to implement the rider. A rate rider implemented to recover approved transition to competition costs shall provide for recovery of those costs over a period not to exceed 15 years, with appropriate carrying costs.

  115. Tex. Utilities Code Sec. 39.455. RECOVERY OF INCREMENTAL CAPACITY COSTS. An electric utility subject to this subchapter is entitled to recover, through a rate rider mechanism, reasonable and necessary costs of incremental resources required to meet load requirements to the extent those costs result in the utility expending more for capacity costs under purchase power agreements than were included in the utility's last base rate case, adjusted for load growth. Any rider under this section shall be implemented after review and approval by the commission, after notice and opportunity for hearing. Following the initial implementation of the rider, an electric utility subject to this subchapter may request revisions semiannually, after notice and opportunity for hearing, on the dates provided in the commission's rules for filing petitions to revise the utility's fuel factor. In conjunction with the utility's fuel reconciliation proceedings, the commission shall reconcile the costs recovered under the rider and the actual incremental capacity costs eligible for recovery under this section. The rider shall expire on the introduction of customer choice or on the implementation of rates resulting from the filing of a Subchapter C, Chapter 36, rate proceeding. In no event may the amount recovered annually under the rider exceed five percent of the utility's annual base rate revenues.

  116. Tex. Utilities Code Sec. 39.456. FRANCHISE AGREEMENTS. A municipality, with the agreement of an electric utility, may accelerate the expiration date of a franchise agreement that was in existence on September 1, 1999. Any new franchise agreement must be approved by the governing body of the municipality. To the extent that a new franchise agreement would result in an increase in the payment of franchise fees to the municipality, and subject to the terms of the franchise agreement, either the electric utility or the municipality, without the need for a rate proceeding under Chapter 36, may file with the commission for approval of a rider for the electric utility's recovery of franchise payments resulting from the agreement, so long as such rider is collected only from customers of the electric utility that are located within the boundaries of the municipality.

  117. Tex. Utilities Code Sec. 39.457. CONTRACTUAL RIGHTS. In the event that the electric utility subject to this subchapter either merges, consolidates, or otherwise becomes affiliated with another owner of electric generation, or completes the jurisdictional separation authorized by Section 39.452(e) and the resulting vertically integrated utility proposes to join a regional transmission organization, and either action adversely affects the rights or obligations of an electric cooperative under a wholesale generation or transmission agreement entered into before the effective date of this subchapter or otherwise adversely affects the electric cooperative's access to its existing generation resources under said agreements, then the utility shall submit a proposal agreeable to the cooperative and the utility for addressing such rights and obligations in the appropriate regulatory proceeding. Such proposal shall be consistent with applicable law regarding the rights and obligations of the electric cooperative and the utility under such existing generation or transmission agreements.

  118. Tex. Utilities Code Sec. 39.458. RECOVERY AND SECURITIZATION OF HURRICANE RECONSTRUCTION COSTS; PURPOSE.

  119. Tex. Utilities Code Sec. 39.459. HURRICANE RECONSTRUCTION COSTS.

  120. Tex. Utilities Code Sec. 39.460. STANDARDS AND PROCEDURES GOVERNING SECURITIZATION OF HURRICANE RECONSTRUCTION COSTS.

  121. Tex. Utilities Code Sec. 39.461. NONBYPASSABLE CHARGES. The commission may include terms in the financing order to ensure that the imposition and collection of transition charges associated with the recovery of hurricane reconstruction costs are nonbypassable by imposing restrictions on bypassability of the type provided for in this chapter or by alternative means of ensuring nonbypassability, as the commission considers appropriate, consistent with the purposes of securitization.

  122. Tex. Utilities Code Sec. 39.462. DETERMINATION OF HURRICANE RECONSTRUCTION COSTS.

  123. Tex. Utilities Code Sec. 39.463. SEVERABILITY. Effective on the date the first utility transition bonds associated with hurricane reconstruction costs are issued under this subchapter, if any provision in this title or portion of this title is held to be invalid or is invalidated, superseded, replaced, repealed, or expires for any reason, that occurrence does not affect the validity or continuation of this subchapter, Subchapter G as it applies to an electric utility subject to this subchapter, or any part of those provisions, or any other provision of this title that is relevant to the issuance, administration, payment, retirement, or refunding of transition bonds or to any actions of the electric utility, its successors, an assignee, a collection agent, or a financing party, and those provisions shall remain in full force and effect.

  124. Tex. Utilities Code Sec. 39.501. APPLICABILITY.

  125. Tex. Utilities Code Sec. 39.502. COST-OF-SERVICE REGULATION.

  126. Tex. Utilities Code Sec. 39.5021. METERING.

  127. Tex. Utilities Code Sec. 39.503. TRANSITION TO COMPETITION.

  128. Tex. Utilities Code Sec. 39.504. HIRING ASSISTANCE FOR FEDERAL PROCEEDINGS.

  129. Tex. Utilities Code Sec. 39.551. APPLICABILITY.

  130. Tex. Utilities Code Sec. 39.552. COST-OF-SERVICE REGULATION.

  131. Tex. Utilities Code Sec. 39.5521. METERING.

  132. Tex. Utilities Code Sec. 39.553. TRANSITION TO COMPETITION.

  133. Tex. Utilities Code Sec. 39.554. INTERCONNECTION OF DISTRIBUTED RENEWABLE GENERATION.

  134. Tex. Utilities Code Sec. 39.555. MARKETING OF ENERGY EFFICIENCY AND RENEWABLE ENERGY PROGRAMS. An electric utility subject to this subchapter may market an energy efficiency or renewable energy program directly to a retail electric customer in its service territory and provide rebate or incentive funds directly to a customer to promote or facilitate the success of programs implemented under Section 39.905.

  135. Tex. Utilities Code Sec. 39.601. PURPOSE.

  136. Tex. Utilities Code Sec. 39.602. DEFINITIONS. In this subchapter:

  137. Tex. Utilities Code Sec. 39.603. DEBT OBLIGATION ORDER.

  138. Tex. Utilities Code Sec. 39.604. COMMISSION-AUTHORIZED FINANCING.

  139. Tex. Utilities Code Sec. 39.605. DEFAULT CHARGES NONBYPASSABLE. An order issued under Section 39.603 or 39.604 must:

  140. Tex. Utilities Code Sec. 39.606. TRUE-UP MECHANISM. An order issued under Section 39.603 or 39.604 must include a mechanism requiring that default charges be reviewed and adjusted at least annually, not later than the 45th day after the anniversary date of the issuance of the order, to:

  141. Tex. Utilities Code Sec. 39.607. TAX EXEMPTION. The transfer and receipt of default charges are exempt from state and local sales and use, franchise, and gross receipts taxes.

  142. Tex. Utilities Code Sec. 39.608. PROPERTY RIGHTS.

  143. Tex. Utilities Code Sec. 39.609. PLEDGE OF STATE. Debt obligations issued pursuant to this subchapter, including any bonds, are not a debt or obligation of the state and are not a charge on its full faith and credit or taxing power. The state pledges, however, for the benefit and protection of financing parties and the independent organization that it will not take or permit any action that would impair the value of default property, or reduce, alter, or impair the default charges to be imposed, collected, and remitted to financing parties, until the principal, interest and premium, and any other charges incurred and contracts to be performed in connection with the related debt obligations have been paid and performed in full. Any party issuing a debt obligation under this subchapter is authorized to include this pledge in any documentation relating to the obligation.

  144. Tex. Utilities Code Sec. 39.651. PURPOSE; USE OF PROCEEDS.

  145. Tex. Utilities Code Sec. 39.652. DEFINITIONS. In this subchapter:

  146. Tex. Utilities Code Sec. 39.653. DEBT OBLIGATION ORDER.

  147. Tex. Utilities Code Sec. 39.654. COMMISSION-AUTHORIZED FINANCING.

  148. Tex. Utilities Code Sec. 39.655. OTHER FINANCIAL MECHANISM. The commission may use a financial mechanism other than the mechanisms described by Sections 39.653 and 39.654 that meets the requirements of this subchapter to accomplish the purposes of this subchapter.

  149. Tex. Utilities Code Sec. 39.656. UPLIFT CHARGES NONBYPASSABLE. An order issued under Section 39.653, 39.654, or 39.655 must:

  150. Tex. Utilities Code Sec. 39.657. TRUE-UP. An order shall include a mechanism requiring that uplift charges be reviewed and adjusted at least annually, not later than the 45th day after the anniversary date of the issuance of the debt obligations, to:

  151. Tex. Utilities Code Sec. 39.658. TAX EXEMPTION. Transactions involving the transfer and ownership of uplift property and the receipt of uplift charges are exempt from state and local income, sales, franchise, gross receipts, and other taxes or similar charges.

  152. Tex. Utilities Code Sec. 39.659. SEVERABILITY. Effective on the date the first debt obligations are issued under this subchapter, if any provision in this title or portion of this title is held to be invalid or is invalidated, superseded, replaced, repealed, or expires for any reason, that occurrence does not affect the validity or continuation of this subchapter or any other provision of this title that is relevant to the issuance, administration, payment, retirement, or refunding of debt obligations or to any actions of the independent organization, its successors, an assignee, a collection agent, or a financing party, which shall remain in full force and effect.

  153. Tex. Utilities Code Sec. 39.660. CUSTOMER CHARGES. All load-serving entities that receive offsets to specific uplift charges from the independent organization under this subchapter must adjust customer invoices to reflect the offsets for any charges that were or would otherwise be passed through to customers under the terms of service with the load-serving entity, including by providing a refund for any offset charges that were previously paid. An electric cooperative, including an electric cooperative that elects to receive offsets, shall not otherwise become subject to rate regulation by the commission and receipt of offsets does not affect the applicability of Chapter 41 to an electric cooperative.

  154. Tex. Utilities Code Sec. 39.661. ENFORCEMENT. The commission may use any enforcement mechanism established by Chapter 15 or this chapter, including revocation of certification by the commission, against any entity that fails to remit excess receipts from the uplift balance financing under Section 39.653(e) or otherwise misappropriates or misuses amounts received from the uplift balance financing this subchapter.

  155. Tex. Utilities Code Sec. 39.662. PROPERTY RIGHTS.

  156. Tex. Utilities Code Sec. 39.663. PLEDGE OF STATE. Debt obligations issued pursuant to this subchapter, including any bonds, are not a debt or obligation of the state and are not a charge on its full faith and credit or taxing power. The state pledges, however, for the benefit and protection of financing parties and the independent organization that it will not take or permit any action that would impair the value of uplift property, or reduce, alter, or impair the uplift charges to be imposed, collected, and remitted to financing parties, until the principal, interest and premium, and any other charges incurred and contracts to be performed in connection with the related debt obligations have been paid and performed in full. Any party issuing a debt obligation under this subchapter is authorized to include this pledge in any documentation relating to the obligation.

  157. Tex. Utilities Code Sec. 39.664. LEGAL ACTIONS INVOLVING PRICING OR UPLIFT ACTIONS. A load-serving entity that receives proceeds from the financing under this subchapter shall return an amount of the proceeds equal to any amount of money received by the entity due to litigation seeking judicial review of pricing or uplift actions taken by the commission or the independent organization in connection with the period of emergency.

  158. Tex. Utilities Code Sec. 39.9016. NUCLEAR SAFETY FEE. An electric utility that operates a nuclear asset located in a county on the coast of the Gulf of Mexico shall pay a nuclear safety fee for the year 2000 and the year 2001 to each taxing unit in which the nuclear asset is located, other than a school district, in an amount equal to the difference between the ad valorem taxes imposed by the taxing unit in 1999 and the amount of ad valorem taxes imposed by the unit in the year for which the fee is due, except that the amount of the fee may not exceed one-half the taxes imposed on the asset by the unit in 1999. The nuclear safety fee shall be considered a tax or fee under Section 39.258(5).

  159. Tex. Utilities Code Sec. 39.902. CUSTOMER EDUCATION.

  160. Tex. Utilities Code Sec. 39.9025. HOME ELECTRIC ENERGY REPORTS. The commission may encourage retail electric providers to deliver individualized home electric energy reports to educate consumers about electric energy use and energy efficiency to assist consumers to use energy more efficiently.

  161. Tex. Utilities Code Sec. 39.903. SYSTEM BENEFIT FUND.

  162. Tex. Utilities Code Sec. 39.9044. GOAL FOR NATURAL GAS.

  163. Tex. Utilities Code Sec. 39.9048. NATURAL GAS FUEL. It is the intent of the legislature that:

  164. Tex. Utilities Code Sec. 39.905. GOAL FOR ENERGY EFFICIENCY.

  165. Tex. Utilities Code Sec. 39.9051. ENERGY EFFICIENCY FOR MUNICIPALLY OWNED UTILITIES.

  166. Tex. Utilities Code Sec. 39.9052. ENERGY EFFICIENCY FOR ELECTRIC COOPERATIVES.

  167. Tex. Utilities Code Sec. 39.9054. ENERGY EFFICIENCY PLANS AND REPORTS; PUBLIC INFORMATION.

  168. Tex. Utilities Code Sec. 39.9055. EXAMINATION OF DEMAND RESPONSE POTENTIAL OF SEAWATER DESALINATION PROJECTS. The commission and the ERCOT independent system operator shall study the potential for seawater desalination projects to participate in existing demand response opportunities in the ERCOT market. To the extent feasible, the study shall determine whether the operational characteristics of seawater desalination projects enable projects of that kind to participate in ERCOT-operated ancillary services markets or other competitively supplied demand response opportunities. The study shall also determine the potential economic benefit to a seawater desalination project if the project is able to reduce its demand during peak pricing periods. The commission shall include the results of the study in the report required by Section 12.203.

  169. Tex. Utilities Code Sec. 39.906. DISPLACED WORKERS. In order to mitigate potential negative impacts on utility personnel directly affected by electric industry restructuring, the commission shall allow the recovery of reasonable employee-related transition costs incurred and projected for severance, retraining, early retirement, outplacement, and related expenses for the employees.

  170. Tex. Utilities Code Sec. 39.908. EFFECT OF SUNSET PROVISION. If the commission is abolished under Section 12.005 or other law, the authorities, duties, and functions of the commission under this chapter shall be performed and carried out by a successor agency to be designated by the legislature before abolishment of the commission or, if the legislature does not designate the successor, by the secretary of state.

  171. Tex. Utilities Code Sec. 39.909. PLAN AND REPORT OF WORKFORCE DIVERSITY AND OTHER BUSINESS PRACTICES.

  172. Tex. Utilities Code Sec. 39.910. INCENTIVE PROGRAM AND GOAL FOR ENERGY EFFICIENCY FOR MILITARY BASES.

  173. Tex. Utilities Code Sec. 39.911. ALTERNATIVE FUNDING FOR ENERGY EFFICIENCY AND RENEWABLE ENERGY SYSTEMS. The State Energy Conservation Office, in coordination with the governor, the Department of Agriculture, the Texas Commission on Environmental Quality, the Texas Education Agency, the commission, and other appropriate state agencies, shall solicit gifts, grants, and other financial resources available to fund energy efficiency improvements and renewable energy systems for public and private facilities in this state.

  174. Tex. Utilities Code Sec. 39.9111. RULES RELATED TO RENEWABLE POWER FACILITIES. The commission may adopt rules requiring renewable power facilities to have reactive power control capabilities or any other feasible technology designed to reduce the facilities' effects on system reliability.

  175. Tex. Utilities Code Sec. 39.9112. REPORT ON TRANSMISSION AND GENERATION CAPACITY. The commission and the independent organization certified under Section 39.151 for the ERCOT power region shall study the need for increased transmission and generation capacity throughout this state and report to the legislature the results of the study and any recommendations for legislation. The report must be filed with the legislature not later than December 31 of each even-numbered year.

  176. Tex. Utilities Code Sec. 39.9113. RENEWABLE ENERGY CREDITS. To facilitate voluntary contractual obligations and verify claims regarding environmental attributes of renewable energy production in this state, the independent organization certified under Section 39.151 for the ERCOT power region shall maintain an accreditation and banking system to award and track voluntary renewable energy credits generated by eligible facilities.

  177. Tex. Utilities Code Sec. 39.912. REPORT ON COMBINED HEATING AND POWER TECHNOLOGY. The commission shall study the installation and use of combined heating and power technology in this state, and shall submit a report regarding the commission's findings to the 81st Legislature. The report shall include:

  178. Tex. Utilities Code Sec. 39.913. COMBINING CERTAIN REPORTS. The commission may combine the reports required under Sections 39.905(b-2) and 39.912.

  179. Tex. Utilities Code Sec. 39.914. CREDIT FOR SURPLUS SOLAR GENERATION BY PUBLIC SCHOOLS.

  180. Tex. Utilities Code Sec. 39.915. CONSIDERATION AND APPROVAL OF CERTAIN TRANSACTIONS.

  181. Tex. Utilities Code Sec. 39.916. INTERCONNECTION OF DISTRIBUTED RENEWABLE GENERATION.

  182. Tex. Utilities Code Sec. 39.9165. DISTRIBUTED GENERATION FACILITY REPORTING.

  183. Tex. Utilities Code Sec. 39.917. TEXAS ELECTRIC GRID SECURITY COUNCIL.

  184. Tex. Utilities Code Sec. 39.918. UTILITY FACILITIES FOR POWER RESTORATION AFTER SIGNIFICANT POWER OUTAGE.

  185. Tex. Utilities Code Sec. 39.919. AVERAGE TOTAL RESIDENTIAL LOAD REDUCTION GOALS.

Chapter 40

  1. Tex. Utilities Code Sec. 40.001. APPLICABLE LAW.

  2. Tex. Utilities Code Sec. 40.002. DEFINITION. For purposes of this chapter, "body vested with the power to manage and operate a municipally owned utility" means a body created in accordance with Section 1502.070, Government Code, or Subchapter G, Chapter 552, Local Government Code, or by municipal charter.

  3. Tex. Utilities Code Sec. 40.003. SECURITIZATION.

  4. Tex. Utilities Code Sec. 40.004. JURISDICTION OF COMMISSION. Except as specifically otherwise provided in this chapter, the commission has jurisdiction over municipally owned utilities only for the following purposes:

  5. Tex. Utilities Code Sec. 40.051. GOVERNING BODY DECISION.

  6. Tex. Utilities Code Sec. 40.052. UTILITY NOT OFFERING CUSTOMER CHOICE.

  7. Tex. Utilities Code Sec. 40.053. RETAIL CUSTOMER'S RIGHT OF CHOICE.

  8. Tex. Utilities Code Sec. 40.054. SERVICE OUTSIDE AREA.

  9. Tex. Utilities Code Sec. 40.055. JURISDICTION OF MUNICIPAL GOVERNING BODY.

  10. Tex. Utilities Code Sec. 40.056. ANTICOMPETITIVE ACTIONS.

  11. Tex. Utilities Code Sec. 40.057. BILLING.

  12. Tex. Utilities Code Sec. 40.058. TARIFFS FOR OPEN ACCESS. A municipally owned utility that owns or operates transmission and distribution facilities shall file with the commission tariffs implementing the open access rules established by the commission under Section 39.203 and shall file with the commission the rates for open access on distribution facilities as set by the municipal regulatory authority, before the 90th day preceding the date the utility offers customer choice. The commission does not have authority to determine the rates for distribution access service for a municipally owned utility.

  13. Tex. Utilities Code Sec. 40.059. MUNICIPAL POWER AGENCY; RECOVERY OF STRANDED COSTS.

  14. Tex. Utilities Code Sec. 40.060. NO POWER TO AMEND CERTIFICATES. Nothing in this chapter empowers a municipal governing body or a body vested with the power to manage and operate a municipally owned utility to issue, amend, or rescind a certificate of public convenience and necessity granted by the commission. This subsection does not affect the ability of a municipal governing body or a body vested with the power to manage and operate the municipally owned utility to pass a resolution under Section 40.051(b).

  15. Tex. Utilities Code Sec. 40.101. INTERFERENCE WITH CONTRACT.

  16. Tex. Utilities Code Sec. 40.102. ACCESS TO WHOLESALE MARKET. Nothing in this subtitle shall limit the access of municipally owned utilities to the wholesale electric market.

  17. Tex. Utilities Code Sec. 40.103. PROTECTION OF BONDHOLDERS. Nothing in this subtitle or any rule adopted under this subtitle shall impair contracts, covenants, or obligations between this state, river authorities, municipalities, and the bondholders of revenue bonds issued by the river authorities or municipalities.

  18. Tex. Utilities Code Sec. 40.104. TAX-EXEMPT STATUS. Nothing in this subtitle may impair the tax-exempt status of municipalities, electric cooperatives, or river authorities, nor shall anything in this subtitle compel any municipality, electric cooperative, or river authority to use its facilities in a manner that violates any contractual provisions, bond covenants, or other restrictions applicable to facilities financed by tax-exempt debt. Notwithstanding any other provision of law, the decision to participate in customer choice by the adoption of a resolution in accordance with Section 40.051(b) is irrevocable.

Chapter 41

  1. Tex. Utilities Code Sec. 41.001. APPLICABLE LAW. Notwithstanding any other provision of law, except Sections 39.155, 39.157(e), and 39.203, this chapter governs the transition to and the establishment of a fully competitive electric power industry for electric cooperatives. Regarding the regulation of electric cooperatives, this chapter shall control over any other provision of this title, except for sections in which the term "electric cooperative" is specifically used.

  2. Tex. Utilities Code Sec. 41.002. DEFINITIONS. In this chapter:

  3. Tex. Utilities Code Sec. 41.003. SECURITIZATION.

  4. Tex. Utilities Code Sec. 41.004. JURISDICTION OF COMMISSION. Except as specifically provided otherwise in this chapter, the commission has jurisdiction over electric cooperatives only as follows:

  5. Tex. Utilities Code Sec. 41.005. LIMITATION ON MUNICIPAL AUTHORITY. Notwithstanding any other provision of this title, a municipality may not directly or indirectly regulate the rates, operations, and services of an electric cooperative, except, with respect to operations, to the extent necessary to protect the public health, safety, or welfare. This section does not prohibit a municipality from making a lawful charge for the use of public rights-of-way within the municipality as provided by Section 182.025, Tax Code, and Section 33.008. An electric cooperative shall be an electric utility for purposes of Section 182.025, Tax Code, and Section 33.008.

  6. Tex. Utilities Code Sec. 41.051. BOARD DECISION.

  7. Tex. Utilities Code Sec. 41.052. ELECTRIC COOPERATIVES NOT OFFERING CUSTOMER CHOICE.

  8. Tex. Utilities Code Sec. 41.053. RETAIL CUSTOMER RIGHT OF CHOICE.

  9. Tex. Utilities Code Sec. 41.054. SERVICE OUTSIDE CERTIFICATED AREA.

  10. Tex. Utilities Code Sec. 41.055. JURISDICTION OF BOARD OF DIRECTORS. A board of directors has exclusive jurisdiction to:

  11. Tex. Utilities Code Sec. 41.056. ANTICOMPETITIVE ACTIONS.

  12. Tex. Utilities Code Sec. 41.057. BILLING.

  13. Tex. Utilities Code Sec. 41.058. TARIFFS FOR OPEN ACCESS. An electric cooperative that owns or operates transmission and distribution facilities shall file tariffs implementing the open access rules established by the commission under Section 39.203 with the appropriate regulatory authorities having jurisdiction over the transmission and distribution service of the electric cooperative before the 90th day preceding the date the electric cooperative offers customer choice.

  14. Tex. Utilities Code Sec. 41.059. NO POWER TO AMEND CERTIFICATES. Nothing in this chapter empowers a board of directors to issue, amend, or rescind a certificate of public convenience and necessity granted by the commission.

  15. Tex. Utilities Code Sec. 41.060. CUSTOMER SERVICE INFORMATION.

  16. Tex. Utilities Code Sec. 41.061. RETAIL RATE CHANGES BY ELECTRIC COOPERATIVES.

  17. Tex. Utilities Code Sec. 41.062. ALLOCATION OF STRANDED INVESTMENT. Any competition transition charge shall be allocated among retail customer classes based on the relevant customer class characteristics as of the end of the electric cooperative's most recent fiscal year before implementation of customer choice, in accordance with the methodology used to allocate the costs of the underlying assets or expenses in the electric cooperative's most recent cost of service study certified by a professional engineer or certified public accountant or approved by the commission. In multiply certificated areas, a retail customer may not avoid stranded cost recovery charges by switching to another electric cooperative, an electric utility, or a municipally owned utility.

  18. Tex. Utilities Code Sec. 41.101. INTERFERENCE WITH CONTRACT.

  19. Tex. Utilities Code Sec. 41.102. ACCESS TO WHOLESALE MARKET. Nothing in this subtitle shall limit the access of an electric cooperative or its subsidiary, either on its own behalf or on behalf of its customers, to the wholesale electric market.

  20. Tex. Utilities Code Sec. 41.103. PROTECTION OF BONDHOLDERS. Nothing in this subtitle or any rule adopted under this subtitle shall impair contracts, covenants, or obligations between an electric cooperative and its lenders and holders of bonds issued on behalf of or by the electric cooperative.

  21. Tex. Utilities Code Sec. 41.104. TAX-EXEMPT STATUS. Nothing in this subtitle may impair the tax-exempt status of electric cooperatives, nor shall anything in this subtitle compel any electric cooperative to use its facilities in a manner that violates any contractual provisions, bond covenants, or other restrictions applicable to facilities financed by tax-exempt or federally insured or guaranteed debt.

  22. Tex. Utilities Code Sec. 41.151. PURPOSE.

  23. Tex. Utilities Code Sec. 41.152. DEFINITIONS. In this subchapter:

  24. Tex. Utilities Code Sec. 41.153. FINANCING ORDERS; TERMS.

  25. Tex. Utilities Code Sec. 41.154. PROPERTY RIGHTS.

  26. Tex. Utilities Code Sec. 41.155. NO SETOFF. The interest of an assignee or pledgee in securitized property and in the revenues and collections arising from that property are not subject to setoff, counterclaim, surcharge, recoupment, or defense by the electric cooperative or any other person or in connection with the bankruptcy of the electric cooperative or any other entity. A financing order shall remain in effect and unabated notwithstanding the bankruptcy of the electric cooperative, its successors, or assignees.

  27. Tex. Utilities Code Sec. 41.156. NO BYPASS.

  28. Tex. Utilities Code Sec. 41.157. TRUE-UP.

  29. Tex. Utilities Code Sec. 41.158. TRUE SALE. An agreement by an electric cooperative or assignee to transfer securitized property that expressly states that the transfer is a sale or other absolute transfer signifies that the transaction is a true sale and is not a secured transaction and that title, legal and equitable, has passed to the entity to which the securitized property is transferred. The transaction shall be treated as an absolute sale regardless of whether the purchaser has any recourse against the seller, or any other term of the parties' agreement, including the seller's retention of an equity interest in the securitized property, the fact that the electric cooperative acts as the collector of securitized charges relating to the securitized property, or the treatment of the transfer as a financing for tax, financial reporting, or other purposes.

  30. Tex. Utilities Code Sec. 41.159. SECURITY INTERESTS; ASSIGNMENT; COMMINGLING; DEFAULT.

  31. Tex. Utilities Code Sec. 41.160. PLEDGE OF STATE. Securitized bonds are not a debt or obligation of the state and are not a charge on its full faith and credit or taxing power. The state pledges, however, for the benefit and protection of assignees, financing parties, and the electric cooperative, that it will not take or permit, or permit any agency or other governmental authority or political subdivision of the state to take or permit, any action that would impair the value of securitized property, or, except as permitted by Section 41.157, reduce, alter, or impair the securitized charges to be imposed, collected, and remitted to financing parties, until the principal, interest and premium, and any other charges incurred and contracts to be performed in connection with the related securitized bonds have been paid and performed in full. Any party issuing securitized bonds is authorized to include this pledge in any documentation relating to those bonds.

  32. Tex. Utilities Code Sec. 41.161. TAX EXEMPTION. Transactions involving the transfer and ownership of securitized property and the receipt of securitized charges are exempt from state and local income, sales, franchise, gross receipts, and other taxes or similar charges.

  33. Tex. Utilities Code Sec. 41.162. NOT PUBLIC UTILITY. An assignee or financing party may not be considered to be a public utility, electric cooperative, or person providing electric service solely by virtue of the transactions described in this subchapter.

  34. Tex. Utilities Code Sec. 41.163. SEVERABILITY. Effective on the date the first securitized bonds are issued under this subchapter, if any provision in this title or portion of this title is held to be invalid or is invalidated, superseded, replaced, repealed, or expires for any reason, that occurrence does not affect the validity or continuation of this subchapter or any other provision of this title that is relevant to the issuance, administration, payment, retirement, or refunding of securitized bonds or to any actions of the electric cooperative, its successors, an assignee, a collection agent, or a financing party, which shall remain in full force and effect.

Chapter 42

  1. Tex. Utilities Code Sec. 42.0101. LEGISLATIVE FINDINGS.

  2. Tex. Utilities Code Sec. 42.0102. DEFINITIONS. In this chapter:

  3. Tex. Utilities Code Sec. 42.0103. PUBLIC CHARGING OF ELECTRIC VEHICLES OUTSIDE OF ERCOT.

  4. Tex. Utilities Code Sec. 42.0104. PUBLIC CHARGING OF ELECTRIC VEHICLES INSIDE ERCOT.

Chapter 43

  1. Tex. Utilities Code Sec. 43.001. LEGISLATIVE FINDINGS.

  2. Tex. Utilities Code Sec. 43.002. APPLICABILITY.

  3. Tex. Utilities Code Sec. 43.003. DEFINITIONS. In this chapter:

  4. Tex. Utilities Code Sec. 43.051. AUTHORIZATION FOR MIDDLE MILE BROADBAND SERVICE.

  5. Tex. Utilities Code Sec. 43.052. CHARGES. An electric utility that owns and operates facilities to provide middle mile broadband service may lease excess fiber capacity on the electric utility's electric delivery system or other facilities to an Internet service provider on a wholesale basis and shall charge the Internet service provider for the use of the electric utility's system for all costs associated with that use. The rates, terms, and conditions of a lease of excess fiber capacity described by this section must be nondiscriminatory. An electric utility may not lease excess fiber capacity to provide middle mile broadband service to an affiliated Internet service provider.

  6. Tex. Utilities Code Sec. 43.053. NO ADDITIONAL EASEMENTS OR CONSIDERATION REQUIRED.

  7. Tex. Utilities Code Sec. 43.054. RELIABILITY OF ELECTRIC SYSTEMS MAINTAINED. An electric utility that installs and operates facilities to provide middle mile broadband service shall employ all reasonable measures to ensure that the operation of the middle mile broadband service does not interfere with or diminish the reliability of the utility's electric delivery system. If a disruption in the provision of electric service occurs, the electric utility is governed by the terms and conditions of the retail electric delivery service tariff. The electric utility may take all necessary actions regarding its middle mile broadband service and the facilities required in the provision of that service to address circumstances that may pose health, safety, security, or reliability concerns. At all times, the provision of broadband service is secondary to the reliable provision of electric delivery services. Except as provided by contract or tariff, an electric utility is not liable to any person, including an Internet service provider, for any damages, including direct, indirect, physical, economic, exemplary, or consequential damages, including loss of business, loss of profits or revenue, or loss of production capacity caused by a fluctuation, disruption, or interruption of middle mile broadband service that is caused in whole or in part by:

  8. Tex. Utilities Code Sec. 43.101. PARTICIPATION BY ELECTRIC UTILITY.

  9. Tex. Utilities Code Sec. 43.102. COMMISSION REVIEW OF UTILITY MIDDLE MILE PLAN.

  10. Tex. Utilities Code Sec. 43.103. COST RECOVERY FOR DEPLOYMENT OF MIDDLE MILE BROADBAND FACILITIES.

  11. Tex. Utilities Code Sec. 43.151. COMPLIANCE WITH FEDERAL AND STATE LAW. An electric utility that owns and operates facilities for the provision of middle mile broadband service shall comply with all applicable federal and state laws.

Chapter 44

  1. Tex. Utilities Code Sec. 44.001. DEFINITIONS. In this chapter:

  2. Tex. Utilities Code Sec. 44.002. TEXAS GRID SECURITY COMMISSION.

  3. Tex. Utilities Code Sec. 44.003. GRID RESILIENCE INFORMATION.

  4. Tex. Utilities Code Sec. 44.004. GRID RESILIENCE EVALUATION.

  5. Tex. Utilities Code Sec. 44.005. RESILIENCE STANDARDS.

  6. Tex. Utilities Code Sec. 44.006. MICRO-GRIDS. The security commission shall recommend resilience standards for micro-grids. The standards must be developed for both alternating current and direct current.

  7. Tex. Utilities Code Sec. 44.007. PLAN FOR ALL HAZARDS RESILIENCE.

  8. Tex. Utilities Code Sec. 44.008. CRITICAL INFRASTRUCTURE RESILIENCE REPORT.

Chapter 51

  1. Tex. Utilities Code Sec. 51.001. POLICY.

  2. Tex. Utilities Code Sec. 51.002. DEFINITIONS. In this subtitle:

  3. Tex. Utilities Code Sec. 51.003. APPLICABILITY. Except as otherwise expressly provided by this title, this title does not apply to:

  4. Tex. Utilities Code Sec. 51.004. PRICING FLEXIBILITY.

  5. Tex. Utilities Code Sec. 51.005. ASSISTANCE TO MUNICIPALITY. On request of a municipality, the commission may advise and assist the municipality with respect to a question or proceeding arising under this title. Assistance provided by the commission may include aid to a municipality on a matter pending before the commission or a court, such as making a staff member available as a witness or otherwise providing evidence to the municipality.

  6. Tex. Utilities Code Sec. 51.006. MUNICIPAL PARTICIPATION IN RATEMAKING PROCEEDINGS.

  7. Tex. Utilities Code Sec. 51.007. MUNICIPAL STANDING IN CERTAIN CASES.

  8. Tex. Utilities Code Sec. 51.008. JUDICIAL REVIEW. A municipality is entitled to judicial review of a commission order relating to a utility providing services in the municipality as provided by Section 15.001.

  9. Tex. Utilities Code Sec. 51.009. MUNICIPAL FEES.

  10. Tex. Utilities Code Sec. 51.010. COMMISSION INVESTIGATION OF SALE, MERGER, OR CERTAIN OTHER ACTIONS.

Chapter 52

  1. Tex. Utilities Code Sec. 52.001. POLICY.

  2. Tex. Utilities Code Sec. 52.002. AUTHORITY TO REGULATE.

  3. Tex. Utilities Code Sec. 52.003. COOPERATION WITH OTHER REGULATORY AUTHORITIES. In regulating the rates, operations, and services of a telecommunications utility providing service in a municipality located on the state line adjacent to a municipality in an adjoining state, the commission may cooperate with the utility regulatory commission of the adjoining state or of the federal government and may hold a joint hearing or make a joint investigation with that commission.

  4. Tex. Utilities Code Sec. 52.004. COMMISSION MAY ESTABLISH SEPARATE MARKETS.

  5. Tex. Utilities Code Sec. 52.005. MINIMUM REQUIREMENTS FOR DOMINANT CARRIERS. The commission shall impose as minimum requirements for a dominant carrier the same requirements imposed by Subchapter C, except Section 52.107.

  6. Tex. Utilities Code Sec. 52.007. TARIFF REQUIREMENTS RELATING TO PROVIDERS NOT SUBJECT TO RATE OF RETURN REGULATION.

  7. Tex. Utilities Code Sec. 52.051. POLICY. In adopting rules and establishing procedures under this subchapter, the commission shall:

  8. Tex. Utilities Code Sec. 52.052. APPLICABILITY. This subchapter does not apply to basic local telecommunications service, including local measured service.

  9. Tex. Utilities Code Sec. 52.053. CERTAIN RATES PROHIBITED. A rate established under this subchapter may not be:

  10. Tex. Utilities Code Sec. 52.054. RULES AND PROCEDURES FOR INCUMBENT LOCAL EXCHANGE COMPANIES.

  11. Tex. Utilities Code Sec. 52.055. HEARING TO DETERMINE LEVEL OF COMPETITION. In determining the level of competition in a specific market or submarket, the commission shall hold an evidentiary hearing to consider:

  12. Tex. Utilities Code Sec. 52.056. SPECIFICALLY AUTHORIZED REGULATORY TREATMENTS. The regulatory treatments the commission may implement under Section 52.054 include:

  13. Tex. Utilities Code Sec. 52.058. GENERAL PROVISIONS RELATING TO NEW OR EXPERIMENTAL SERVICES OR PROMOTIONAL RATES.

  14. Tex. Utilities Code Sec. 52.0583. NEW SERVICES.

  15. Tex. Utilities Code Sec. 52.0584. PRICING AND PACKAGING FLEXIBILITY; CUSTOMER PROMOTIONAL OFFERINGS.

  16. Tex. Utilities Code Sec. 52.0585. CUSTOMER PROMOTIONAL OFFERINGS.

  17. Tex. Utilities Code Sec. 52.059. RATES TO COVER APPROPRIATE COSTS.

  18. Tex. Utilities Code Sec. 52.060. ADMINISTRATIVE FEE OR ASSESSMENT. The commission may prescribe and collect a fee or assessment from local exchange companies necessary to recover the cost to the commission and to the office of activities carried out and services provided under this subchapter and Section 12.203.

  19. Tex. Utilities Code Sec. 52.101. APPLICABILITY. This subchapter applies only to a telecommunications utility that is not:

  20. Tex. Utilities Code Sec. 52.102. LIMITED REGULATORY AUTHORITY.

  21. Tex. Utilities Code Sec. 52.103. REGISTRATION REQUIRED.

  22. Tex. Utilities Code Sec. 52.1035. RENEWAL OF CERTAIN CERTIFICATES.

  23. Tex. Utilities Code Sec. 52.104. COMMISSION MAY INVESTIGATE.

  24. Tex. Utilities Code Sec. 52.105. ACCESS TO CERTAIN SERVICES REQUIRED.

  25. Tex. Utilities Code Sec. 52.106. QUALITY OF SERVICE REQUIRED. The commission may require the quality of telecommunications service provided in a local exchange in which the commission determines that service has deteriorated and become unreliable to be adequate to protect the public interest and the interests of customers of that exchange.

  26. Tex. Utilities Code Sec. 52.107. PREDATORY PRICING.

  27. Tex. Utilities Code Sec. 52.108. OTHER PROHIBITED PRACTICES. The commission may enter any order necessary to protect the public interest if the commission finds after notice and hearing that a telecommunications utility has:

  28. Tex. Utilities Code Sec. 52.109. AVAILABILITY OF SERVICE.

  29. Tex. Utilities Code Sec. 52.110. BURDEN OF PROOF.

  30. Tex. Utilities Code Sec. 52.111. COMMISSION MAY EXEMPT. The commission may exempt from a requirement of this subchapter a telecommunications utility that:

  31. Tex. Utilities Code Sec. 52.112. REDUCTION PASS-THROUGH REQUIRED.

  32. Tex. Utilities Code Sec. 52.151. APPLICABILITY. This subchapter applies only to a telecommunications utility that holds a certificate of operating authority or a service provider certificate of operating authority.

  33. Tex. Utilities Code Sec. 52.152. LIMITED REGULATORY AUTHORITY. Except as otherwise specifically provided by this title, the commission has only the following authority over a telecommunications utility subject to this subchapter:

  34. Tex. Utilities Code Sec. 52.153. BOOKS AND RECORDS. The commission may prescribe forms of books, accounts, records, and memoranda to be kept by a telecommunications utility, but only as necessary to enforce the limited jurisdiction over those companies that this title provides to the commission.

  35. Tex. Utilities Code Sec. 52.154. COMMISSION MAY NOT OVERBURDEN. The commission may not, by a rule or regulatory practice adopted under this chapter, impose on a nondominant telecommunications utility a greater regulatory burden than is imposed on:

  36. Tex. Utilities Code Sec. 52.155. PROHIBITION OF EXCESSIVE ACCESS CHARGES.

  37. Tex. Utilities Code Sec. 52.156. RETAIL RATES, TERMS, AND CONDITIONS. A telecommunications utility may not:

  38. Tex. Utilities Code Sec. 52.201. DEREGULATION OF SERVICE. Notwithstanding any other provision of this title, the commission may deregulate the price of a service in a geographic market if, after notice and hearing, the commission determines that:

  39. Tex. Utilities Code Sec. 52.202. DETERMINATION OF GEOGRAPHIC MARKET. In determining the geographic market under Section 52.201, the commission shall consider the economic and technical conditions of the market.

  40. Tex. Utilities Code Sec. 52.203. MARKET POWER TEST.

  41. Tex. Utilities Code Sec. 52.204. RATE FOR DEREGULATED SERVICE. If the price of a service in a geographic market is deregulated under this subchapter, the incumbent local exchange company or holder of a certificate of operating authority may set the rate for the service at any level higher than the service's long run incremental cost.

  42. Tex. Utilities Code Sec. 52.205. INVESTIGATION OF COMPETITION.

  43. Tex. Utilities Code Sec. 52.206. REREGULATION OF MARKET. The commission, on its own motion or on a complaint that the commission considers to have merit, may assert regulation over a service in a geographic market if:

  44. Tex. Utilities Code Sec. 52.207. REPORTS; CONFIDENTIAL INFORMATION.

  45. Tex. Utilities Code Sec. 52.251. TARIFF FILINGS.

  46. Tex. Utilities Code Sec. 52.252. DEPRECIATION ACCOUNT. The commission shall require each public utility to carry a proper and adequate depreciation account in accordance with:

  47. Tex. Utilities Code Sec. 52.253. ACCOUNTS OF PROFITS AND LOSSES. A public utility shall keep separate accounts showing profits or losses from the sale or lease of merchandise, including an appliance, a fixture, or equipment.

  48. Tex. Utilities Code Sec. 52.255. AVAILABILITY OF RECORDS. Notwithstanding Section 14.152, a book, account, record, or memorandum of a public utility may be removed from this state if the book, account, record, or memorandum is returned to this state for any commission inspection authorized by this title.

  49. Tex. Utilities Code Sec. 52.256. PLAN AND REPORT OF WORKFORCE DIVERSITY AND OTHER BUSINESS PRACTICES.

Chapter 53

  1. Tex. Utilities Code Sec. 53.001. AUTHORIZATION TO ESTABLISH AND REGULATE RATES.

  2. Tex. Utilities Code Sec. 53.002. COMPLIANCE WITH TITLE. A utility may not charge or receive a rate for utility service except as provided by this title.

  3. Tex. Utilities Code Sec. 53.003. JUST AND REASONABLE RATES.

  4. Tex. Utilities Code Sec. 53.004. EQUALITY OF RATES AND SERVICES.

  5. Tex. Utilities Code Sec. 53.005. RATES FOR AREA NOT IN MUNICIPALITY. Without the approval of the commission, a public utility's rates for an area not in a municipality may not exceed 115 percent of the average of all rates for similar services for all municipalities served by the same utility in the same county as that area.

  6. Tex. Utilities Code Sec. 53.006. BURDEN OF PROOF.

  7. Tex. Utilities Code Sec. 53.007. LIMIT ON RECONNECTION FEE. The commission shall establish a reasonable limit on the amount that a local exchange company may charge a customer for changing the location at which the customer receives service.

  8. Tex. Utilities Code Sec. 53.051. ESTABLISHING OVERALL REVENUES. In establishing a public utility's rates, the commission shall establish the utility's overall revenues at an amount that will permit the utility a reasonable opportunity to earn a reasonable return on the utility's invested capital used and useful in providing service to the public in excess of the utility's reasonable and necessary operating expenses.

  9. Tex. Utilities Code Sec. 53.052. ESTABLISHING REASONABLE RETURN. In establishing a reasonable return on invested capital, the commission shall consider applicable factors, including:

  10. Tex. Utilities Code Sec. 53.053. COMPONENTS OF INVESTED CAPITAL.

  11. Tex. Utilities Code Sec. 53.054. CONSTRUCTION WORK IN PROGRESS.

  12. Tex. Utilities Code Sec. 53.055. SEPARATIONS AND ALLOCATIONS. Costs of facilities, revenues, expenses, taxes, and reserves shall be separated or allocated as prescribed by the commission.

  13. Tex. Utilities Code Sec. 53.056. DEPRECIATION, AMORTIZATION, AND DEPLETION.

  14. Tex. Utilities Code Sec. 53.057. NET INCOME; DETERMINATION OF REVENUES AND EXPENSES.

  15. Tex. Utilities Code Sec. 53.058. CONSIDERATION OF PAYMENT TO AFFILIATE.

  16. Tex. Utilities Code Sec. 53.059. TREATMENT OF CERTAIN TAX BENEFITS.

  17. Tex. Utilities Code Sec. 53.060. COMPUTATION OF INCOME TAX; CONSOLIDATED RETURN.

  18. Tex. Utilities Code Sec. 53.061. ALLOWANCE OF CERTAIN EXPENSES.

  19. Tex. Utilities Code Sec. 53.062. CONSIDERATION OF CERTAIN EXPENSES. The commission may not consider for ratemaking purposes:

  20. Tex. Utilities Code Sec. 53.063. CONSIDERATION OF PROFIT OR LOSS FROM SALE OR LEASE OF MERCHANDISE. In establishing a public utility's rates, the commission may not consider a profit or loss that results from the sale or lease of merchandise, including appliances, fixtures, or equipment, to the extent that merchandise is not integral to providing utility service.

  21. Tex. Utilities Code Sec. 53.064. SELF-INSURANCE.

  22. Tex. Utilities Code Sec. 53.065. INTEREXCHANGE SERVICES; RATES OF INCUMBENT LOCAL EXCHANGE COMPANY.

  23. Tex. Utilities Code Sec. 53.101. DEFINITION. In this subchapter, "major change" means an increase in rates that would increase the aggregate revenues of the applicant more than the greater of $100,000 or 2-1/2 percent. The term does not include an increase in rates that the commission allows to go into effect or the utility makes under an order of the commission after hearings held with public notice.

  24. Tex. Utilities Code Sec. 53.102. STATEMENT OF INTENT TO CHANGE RATES.

  25. Tex. Utilities Code Sec. 53.103. NOTICE OF INTENT TO CHANGE RATES.

  26. Tex. Utilities Code Sec. 53.104. EARLY EFFECTIVE DATE OF RATE CHANGE.

  27. Tex. Utilities Code Sec. 53.105. DETERMINATION OF PROPRIETY OF CHANGE; HEARING.

  28. Tex. Utilities Code Sec. 53.106. REGIONAL HEARING. The commission shall hold a regional hearing at an appropriate location in a case in which the commission determines it is in the public interest to hear testimony at a regional hearing for inclusion in the record.

  29. Tex. Utilities Code Sec. 53.107. PREFERENCE TO HEARING. The commission shall:

  30. Tex. Utilities Code Sec. 53.108. RATE SUSPENSION; DEADLINE.

  31. Tex. Utilities Code Sec. 53.109. TEMPORARY RATES.

  32. Tex. Utilities Code Sec. 53.110. BONDED RATES.

  33. Tex. Utilities Code Sec. 53.111. ESTABLISHMENT OF FINAL RATES.

  34. Tex. Utilities Code Sec. 53.112. EXPIRATION OF SUSPENSION; EFFECT ON CERTAIN RATES.

  35. Tex. Utilities Code Sec. 53.113. FCC-APPROVED TARIFFS FOR SWITCHED-ACCESS SERVICE.

  36. Tex. Utilities Code Sec. 53.151. UNREASONABLE OR VIOLATIVE EXISTING RATES.

  37. Tex. Utilities Code Sec. 53.152. INVESTIGATING COSTS OF OBTAINING SERVICE FROM ANOTHER SOURCE. If a public utility does not produce or generate the service that it distributes, transmits, or furnishes to the public for compensation but obtains the service from another source, the commission may investigate the cost of that production or generation in an investigation of the reasonableness of the utility's rates.

  38. Tex. Utilities Code Sec. 53.201. AUTOMATIC ADJUSTMENT FOR CHANGE IN COSTS PROHIBITED. The commission may not establish a rate or tariff that authorizes a utility to automatically adjust and pass through to the utility's customers a change in the utility's costs.

  39. Tex. Utilities Code Sec. 53.251. GENERAL POLICY. Regulatory policy should recognize that:

  40. Tex. Utilities Code Sec. 53.252. ADOPTION OF CERTAIN POLICIES. Notwithstanding any other provision of this title, the commission shall consider and may adopt policies to:

  41. Tex. Utilities Code Sec. 53.301. DEFINITION.

  42. Tex. Utilities Code Sec. 53.302. APPLICABILITY. This subchapter does not apply to an incumbent local exchange company that is a cooperative corporation partially deregulated under Subchapter H.

  43. Tex. Utilities Code Sec. 53.303. PROVISIONS NOT EXCLUSIVE. This subchapter does not prohibit:

  44. Tex. Utilities Code Sec. 53.304. PROCEDURE TO OFFER CERTAIN SERVICES OR MAKE MINOR CHANGES.

  45. Tex. Utilities Code Sec. 53.305. NOTICE TO AFFECTED CUSTOMERS.

  46. Tex. Utilities Code Sec. 53.306. COMMISSION REVIEW OF PROPOSED CHANGE.

  47. Tex. Utilities Code Sec. 53.307. COMPLIANCE WITH PRINCIPLES; REDUCED RATES. A rate established under this subchapter must be in accordance with the rate-setting principles of this chapter, except that a company may provide to its board members, officers, employees, or agents free or reduced rates for services.

  48. Tex. Utilities Code Sec. 53.308. FEES AND ASSESSMENTS. The commission may prescribe and collect a fee or assessment from incumbent local exchange companies necessary to recover the cost to the commission and to the office of activities carried out and services provided under:

  49. Tex. Utilities Code Sec. 53.351. PROVISIONS NOT EXCLUSIVE.

  50. Tex. Utilities Code Sec. 53.352. PARTIAL DEREGULATION BY BALLOT.

  51. Tex. Utilities Code Sec. 53.353. VOTING PROCEDURES. The commission by rule shall prescribe the voting procedures a cooperative must use under this subchapter.

  52. Tex. Utilities Code Sec. 53.354. PROCEDURE TO OFFER CERTAIN SERVICES OR MAKE CERTAIN CHANGES. After the initial balloting, a cooperative may offer extended local calling services, offer new services on an optional basis, or make changes in its rates or tariffs if the cooperative:

  53. Tex. Utilities Code Sec. 53.355. STATEMENT OF INTENT.

  54. Tex. Utilities Code Sec. 53.356. NOTICE TO AFFECTED PERSONS.

  55. Tex. Utilities Code Sec. 53.357. FILING OF AFFIDAVITS VERIFYING NOTICE. Not later than the 15th day before the effective date of a proposed action, the cooperative shall file with the commission affidavits that verify that the cooperative provided each notice required by Section 53.356.

  56. Tex. Utilities Code Sec. 53.358. COMMISSION REVIEW OF PROPOSED ACTION.

  57. Tex. Utilities Code Sec. 53.359. REVERSAL OF DEREGULATION BY BALLOT.

Chapter 54

  1. Tex. Utilities Code Sec. 54.001. CERTIFICATE REQUIRED. A person may not provide local exchange telephone service, basic local telecommunications service, or switched access service unless the person obtains a:

  2. Tex. Utilities Code Sec. 54.002. EXCEPTIONS TO CERTIFICATE REQUIREMENT FOR SERVICE EXTENSION.

  3. Tex. Utilities Code Sec. 54.003. EXCEPTIONS TO CERTIFICATE REQUIREMENT FOR CERTAIN SERVICES. A telecommunications utility is not required to obtain a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate of operating authority for:

  4. Tex. Utilities Code Sec. 54.004. RELINQUISHMENT PLAN. A holder of a service provider certificate of operating authority who applies for a certificate of operating authority or a certificate of convenience and necessity for the same territory must include with the application a plan to relinquish the service provider certificate of operating authority.

  5. Tex. Utilities Code Sec. 54.005. NOTICE OF AND HEARING ON APPLICATION.

  6. Tex. Utilities Code Sec. 54.006. REQUEST FOR PRELIMINARY ORDER.

  7. Tex. Utilities Code Sec. 54.007. FLEXIBILITY PLAN.

  8. Tex. Utilities Code Sec. 54.008. REVOCATION OR AMENDMENT OF CERTIFICATE.

  9. Tex. Utilities Code Sec. 54.051. DEFINITION. In this subchapter, "certificate" means a certificate of convenience and necessity.

  10. Tex. Utilities Code Sec. 54.052. CERTIFICATE REQUIRED FOR PUBLIC UTILITY.

  11. Tex. Utilities Code Sec. 54.053. APPLICATION FOR CERTIFICATE.

  12. Tex. Utilities Code Sec. 54.054. GRANT OR DENIAL OF CERTIFICATE.

  13. Tex. Utilities Code Sec. 54.101. DEFINITION. In this subchapter, "certificate" means a certificate of operating authority.

  14. Tex. Utilities Code Sec. 54.102. APPLICATION FOR CERTIFICATE.

  15. Tex. Utilities Code Sec. 54.103. GRANT OR DENIAL OF CERTIFICATE.

  16. Tex. Utilities Code Sec. 54.104. TIME OF SERVICE REQUIREMENTS.

  17. Tex. Utilities Code Sec. 54.105. PENALTY FOR VIOLATION OF TITLE. If a certificate holder fails to comply with a requirement of this title, the commission may:

  18. Tex. Utilities Code Sec. 54.151. DEFINITION. In this subchapter, "certificate" means a service provider certificate of operating authority.

  19. Tex. Utilities Code Sec. 54.152. LIMITATION ON GRANT OF CERTIFICATE. The commission may not grant a certificate to a holder of a:

  20. Tex. Utilities Code Sec. 54.153. ELIGIBILITY FOR CERTIFICATE.

  21. Tex. Utilities Code Sec. 54.154. APPLICATION FOR CERTIFICATE.

  22. Tex. Utilities Code Sec. 54.155. GRANT OR DENIAL OF CERTIFICATE.

  23. Tex. Utilities Code Sec. 54.156. RESALE OF SERVICES.

  24. Tex. Utilities Code Sec. 54.157. OPTIONAL EXTENDED AREA SERVICE OR EXPANDED LOCAL CALLING SERVICE.

  25. Tex. Utilities Code Sec. 54.158. INTERFERENCE WITH RESOLD SERVICES PROHIBITED. An incumbent local exchange company may not:

  26. Tex. Utilities Code Sec. 54.159. RETENTION OF ACCESS SERVICE AND INTRALATA TOLL SERVICE. An incumbent local exchange company that sells flat rate local exchange telephone service to a certificate holder may retain all access service and "1-plus" intraLATA toll service that originates over the resold flat rate local exchange telephone service.

  27. Tex. Utilities Code Sec. 54.201. CERTIFICATION PROHIBITED. The commission may not grant to a municipality a:

  28. Tex. Utilities Code Sec. 54.202. PROHIBITED MUNICIPAL SERVICES.

  29. Tex. Utilities Code Sec. 54.2025. LEASE OF FIBER OPTIC CABLE FACILITIES. Nothing in this subchapter shall prevent a municipality, or a municipal electric system that is a member of a municipal power agency formed under Chapter 163 by adoption of a concurrent resolution by the participating municipalities on or before August 1, 1975, from leasing any of the excess capacity of its fiber optic cable facilities (dark fiber), so long as the rental of the fiber facilities is done on a nondiscriminatory, nonpreferential basis.

  30. Tex. Utilities Code Sec. 54.203. SERVICE IN ANNEXED OR INCORPORATED AREA.

  31. Tex. Utilities Code Sec. 54.204. DISCRIMINATION BY MUNICIPALITY PROHIBITED.

  32. Tex. Utilities Code Sec. 54.205. MUNICIPALITY'S RIGHT TO CONTROL ACCESS. This title does not restrict a municipality's historical right to control and receive reasonable compensation for access to the municipality's public streets, alleys, or rights-of-way or to other public property.

  33. Tex. Utilities Code Sec. 54.206. RECOVERY OF MUNICIPAL FEE.

  34. Tex. Utilities Code Sec. 54.251. PROVISION OF SERVICE.

  35. Tex. Utilities Code Sec. 54.252. GROUNDS FOR REDUCTION OF SERVICE BY HOLDER OF CERTIFICATE OF CONVENIENCE AND NECESSITY.

  36. Tex. Utilities Code Sec. 54.253. DISCONTINUATION OF SERVICE BY CERTAIN CERTIFICATE HOLDERS.

  37. Tex. Utilities Code Sec. 54.254. REQUIRED REFUSAL OF SERVICE. A holder of a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate of operating authority shall refuse to serve a customer in the holder's certificated area if the holder is prohibited from providing the service under Section 212.012, 232.029, or 232.0291, Local Government Code.

  38. Tex. Utilities Code Sec. 54.255. TRANSFER OF CERTAIN CERTIFICATES.

  39. Tex. Utilities Code Sec. 54.256. APPLICATION OF CONTRACTS. A contract approved by the commission between telecommunications utilities that designates areas and customers to be served by the utilities:

  40. Tex. Utilities Code Sec. 54.257. INTERFERENCE WITH ANOTHER TELECOMMUNICATIONS UTILITY. If a telecommunications utility constructing or extending the utility's lines, plant, or system interferes or attempts to interfere with the operation of a line, plant, or system of another utility, the commission by order may:

  41. Tex. Utilities Code Sec. 54.258. MAPS. A public utility shall file with the commission one or more maps that show each utility facility and that separately illustrate each utility facility for transmission or distribution of the utility's services on a date the commission orders.

  42. Tex. Utilities Code Sec. 54.259. DISCRIMINATION BY PROPERTY OWNER PROHIBITED.

  43. Tex. Utilities Code Sec. 54.260. PROPERTY OWNER'S CONDITIONS.

  44. Tex. Utilities Code Sec. 54.261. SHARED TENANT SERVICES CONTRACT. Sections 54.259 and 54.260 do not require a public or private property owner to enter into a contract with a telecommunications utility to provide shared tenant services on a property.

  45. Tex. Utilities Code Sec. 54.301. DEFINITIONS. In this subchapter:

  46. Tex. Utilities Code Sec. 54.3015. APPLICABILITY OF SUBCHAPTER. This subchapter applies to a transitioning company under Chapter 65 in relation to its regulated exchanges in the same manner and to the same extent this subchapter applies to a holder of a certificate of convenience and necessity.

  47. Tex. Utilities Code Sec. 54.302. PROVIDER OF LAST RESORT; FACILITIES-BASED PROVIDERS.

  48. Tex. Utilities Code Sec. 54.303. SUCCESSOR TELECOMMUNICATIONS UTILITY WHEN NO SUFFICIENT FACILITIES EXIST.

  49. Tex. Utilities Code Sec. 54.304. ABANDONMENT OR CESSATION BY FACILITIES-BASED PROVIDER; EMERGENCY RESTORATION.

  50. Tex. Utilities Code Sec. 54.305. COMMISSION PARTICIPATION IN BANKRUPTCY PROCEEDINGS.

Chapter 55

  1. Tex. Utilities Code Sec. 55.001. GENERAL STANDARD. A public utility shall furnish service, instrumentalities, and facilities that are safe, adequate, efficient, and reasonable.

  2. Tex. Utilities Code Sec. 55.002. COMMISSION AUTHORITY CONCERNING STANDARDS. The commission, on its own motion or on complaint and after reasonable notice and hearing, may:

  3. Tex. Utilities Code Sec. 55.003. RULE OR STANDARD.

  4. Tex. Utilities Code Sec. 55.004. LOCAL EXCHANGE COMPANY RULE OR PRACTICE CHANGE.

  5. Tex. Utilities Code Sec. 55.005. UNREASONABLE PREFERENCE OR PREJUDICE CONCERNING SERVICE PROHIBITED. In providing a service to persons in a classification, a public utility may not:

  6. Tex. Utilities Code Sec. 55.006. DISCRIMINATION AND RESTRICTION ON COMPETITION. A public utility may not:

  7. Tex. Utilities Code Sec. 55.007. MINIMUM SERVICES.

  8. Tex. Utilities Code Sec. 55.008. IMPROVEMENTS IN SERVICE; INTERCONNECTING SERVICE. The commission, after notice and hearing, may:

  9. Tex. Utilities Code Sec. 55.009. INTRALATA CALLS.

  10. Tex. Utilities Code Sec. 55.010. BILLING FOR SERVICE TO THE STATE. A telecommunications utility providing service to the state, including service to an agency in any branch of state government, may not impose a fee, a penalty, interest, or any other charge for delinquent payment of a bill for that service.

  11. Tex. Utilities Code Sec. 55.011. NOTICE OF IDENTITY OF INTEREXCHANGE CARRIER.

  12. Tex. Utilities Code Sec. 55.013. LIMITATIONS ON DISCONTINUANCE OF BASIC LOCAL TELECOMMUNICATIONS SERVICE.

  13. Tex. Utilities Code Sec. 55.014. PROVISION OF ADVANCED TELECOMMUNICATIONS SERVICES.

  14. Tex. Utilities Code Sec. 55.015. LIFELINE SERVICE.

  15. Tex. Utilities Code Sec. 55.016. TELECOMMUNICATIONS BILLING.

  16. Tex. Utilities Code Sec. 55.017. IDENTIFICATION REQUIRED.

  17. Tex. Utilities Code Sec. 55.021. EXTENDED AREA SERVICE. After notice and a hearing, the commission may order one or more local exchange companies that are dominant carriers to provide:

  18. Tex. Utilities Code Sec. 55.022. MANDATORY SERVICE. The commission may order mandatory extended area service in a specified metropolitan area if:

  19. Tex. Utilities Code Sec. 55.023. OPTIONAL EXTENDED AREA SERVICE.

  20. Tex. Utilities Code Sec. 55.024. CHARGE FOR EXTENDED AREA SERVICE.

  21. Tex. Utilities Code Sec. 55.025. HUNTING SERVICE.

  22. Tex. Utilities Code Sec. 55.026. NEW ORDERS PROHIBITED AFTER CERTAIN DATE. On or after September 1, 2011, the commission may not require a telecommunications provider to provide mandatory or optional extended area service to additional metropolitan areas or calling areas.

  23. Tex. Utilities Code Sec. 55.041. DEFINITIONS. In this subchapter, "metropolitan exchange," "local calling area of a metropolitan exchange," and "exchange" have the meanings and boundaries assigned by the commission on September 1, 1993.

  24. Tex. Utilities Code Sec. 55.042. CONTIGUOUS EXCHANGE. The commission may expand a toll-free local calling area into an exchange that is not in a metropolitan exchange but is in a local calling area that is contiguous to a metropolitan exchange that the commission determines has a community of interest with the exchange for which a petition is filed under this subchapter.

  25. Tex. Utilities Code Sec. 55.043. SPLITTING EXCHANGES PROHIBITED. Notwithstanding any other provision of this subchapter, the commission may not split a petitioning or requested exchange in establishing a toll-free local calling area.

  26. Tex. Utilities Code Sec. 55.044. EXEMPTION.

  27. Tex. Utilities Code Sec. 55.045. ELIGIBILITY TO PETITION. The telephone subscribers of an incumbent local exchange company exchange that serves not more than 10,000 access lines may petition the commission for expansion of the company's toll-free local calling area if:

  28. Tex. Utilities Code Sec. 55.046. PETITION REQUIREMENTS.

  29. Tex. Utilities Code Sec. 55.047. BALLOTING AND CONSIDERATION.

  30. Tex. Utilities Code Sec. 55.048. CHARGES.

  31. Tex. Utilities Code Sec. 55.049. EXPANSION PROHIBITED AFTER CERTAIN DATE. On or after September 1, 2011, the commission may not order an expansion of a toll-free local calling area.

  32. Tex. Utilities Code Sec. 55.081. DEFINITION. In this subchapter, "operator service" means a service using live operator or automated operator functions to handle telephone service such as toll calling using collect, third-number billing, and calling card services. The term does not include a call for which the called party has arranged to be billed (800 service).

  33. Tex. Utilities Code Sec. 55.082. APPLICABILITY. Except as provided by Section 55.088, this subchapter applies only to a telecommunications utility that is not a dominant carrier.

  34. Tex. Utilities Code Sec. 55.083. RULES AND PROCEDURES.

  35. Tex. Utilities Code Sec. 55.084. INFORMATION DISPLAYED ON PUBLIC USE TELEPHONE.

  36. Tex. Utilities Code Sec. 55.085. CONNECTION ANNOUNCEMENT. Before connecting a call, the operator service provider shall:

  37. Tex. Utilities Code Sec. 55.086. INFORMATION REQUIRED ON ACCESS TO LOCAL EXCHANGE COMPANY OPERATOR.

  38. Tex. Utilities Code Sec. 55.087. ACCESS TO LOCAL EXCHANGE COMPANY AND OTHER UTILITIES REQUIRED.

  39. Tex. Utilities Code Sec. 55.088. ACCESS TO LIVE OPERATOR REQUIRED.

  40. Tex. Utilities Code Sec. 55.089. COMMISSION MAY INVESTIGATE AND ACT ON VIOLATION.

  41. Tex. Utilities Code Sec. 55.101. DEFINITIONS. In this subchapter:

  42. Tex. Utilities Code Sec. 55.102. APPLICABILITY.

  43. Tex. Utilities Code Sec. 55.103. PROVISION OF SERVICE.

  44. Tex. Utilities Code Sec. 55.104. USE OF INFORMATION.

  45. Tex. Utilities Code Sec. 55.105. PER-CALL BLOCKING. Except as provided by Section 55.1065, the commission shall require that a provider of caller identification service offer free per-call blocking to each telephone subscriber in the specific area in which the service is offered.

  46. Tex. Utilities Code Sec. 55.106. PER-LINE BLOCKING.

  47. Tex. Utilities Code Sec. 55.107. LIMITATION ON COMMISSION AUTHORITY. The commission may prescribe in relation to blocking only a requirement authorized by Sections 55.105, 55.106, and 55.1065.

  48. Tex. Utilities Code Sec. 55.109. IMPLEMENTATION OF PANEL RECOMMENDATIONS. The commission may implement the recommendations of the Caller ID Consumer Education Panel and interested parties to the extent consistent with the public interest.

  49. Tex. Utilities Code Sec. 55.110. REPORT OF BLOCKING FAILURE.

  50. Tex. Utilities Code Sec. 55.121. DEFINITIONS. In this subchapter:

  51. Tex. Utilities Code Sec. 55.122. EXEMPTIONS. This subchapter does not apply to the use of an automated dial announcing device:

  52. Tex. Utilities Code Sec. 55.1225. APPLICABILITY. This subchapter applies to an automated dial announcing device used to make a telephone call that originates or terminates in this state.

  53. Tex. Utilities Code Sec. 55.123. NOTICE OF USE OF DEVICE TO TELECOMMUNICATIONS UTILITY. A person may not use an automated dial announcing device to make a telephone call in which the device plays a recorded message when the connection is completed unless the person gives to each telecommunications utility over whose system the device is to be used written notice specifying the type of device to be used.

  54. Tex. Utilities Code Sec. 55.124. RANDOM OR SEQUENTIAL NUMBER CALLING. A person may not use an automated dial announcing device for random number dialing or to dial numbers determined by successively increasing or decreasing integers if the person uses the device to make a telephone call in which the device plays a recorded message when the connection is completed.

  55. Tex. Utilities Code Sec. 55.125. HOURS WHEN USE PROHIBITED.

  56. Tex. Utilities Code Sec. 55.126. DEVICE DISCONNECTION. A person may not use an automated dial announcing device to make a telephone call in which the device plays a recorded message when the connection is completed unless the device disconnects from the called person's line not later than five seconds after the call is terminated by either party. If the device cannot disconnect during that period, a live operator must introduce the call and receive the called person's oral consent before beginning a prerecorded or synthesized voice message.

  57. Tex. Utilities Code Sec. 55.127. CONTENTS OF RECORDED MESSAGE.

  58. Tex. Utilities Code Sec. 55.128. DURATION OF RECORDED MESSAGE. A person may not use an automated dial announcing device to make for solicitation purposes a telephone call in which the device plays a recorded message when the connection is completed unless:

  59. Tex. Utilities Code Sec. 55.129. PERMIT REQUIRED. A person may not use an automated dial announcing device to make a telephone call in which the device plays a recorded message when the connection is completed unless the person has a permit under Section 55.130.

  60. Tex. Utilities Code Sec. 55.130. PERMIT.

  61. Tex. Utilities Code Sec. 55.131. PERMIT FEE.

  62. Tex. Utilities Code Sec. 55.132. NOTIFICATION OF CHANGE.

  63. Tex. Utilities Code Sec. 55.133. NOTIFICATION OF LOCAL EXCHANGE COMPANY. The commission shall provide to a local exchange company on request a copy of a permit issued under this subchapter and of any change relating to the permit.

  64. Tex. Utilities Code Sec. 55.134. COMPLAINTS AND ENFORCEMENT.

  65. Tex. Utilities Code Sec. 55.135. REVOCATION OF PERMIT. The commission may revoke a person's permit if the person fails to comply with this subchapter.

  66. Tex. Utilities Code Sec. 55.136. DISCONNECTION OF SERVICE.

  67. Tex. Utilities Code Sec. 55.137. ADMINISTRATIVE PENALTY.

  68. Tex. Utilities Code Sec. 55.138. CRIMINAL PENALTY.

  69. Tex. Utilities Code Sec. 55.171. DEFINITION. In this subchapter, "provider" means an entity that provides pay telephone service, including:

  70. Tex. Utilities Code Sec. 55.172. LIMITATION. This subchapter prescribes the limits of:

  71. Tex. Utilities Code Sec. 55.173. REGISTRATION.

  72. Tex. Utilities Code Sec. 55.1735. CHARGE FOR PAY PHONE ACCESS LINE. The charge or surcharge a local exchange company imposes for an access line used to provide pay telephone service in an exchange may not exceed the amount of the charge or surcharge the company imposes for an access line used for regular business purposes in that exchange.

  73. Tex. Utilities Code Sec. 55.174. PROHIBITION ON CHARGE FOR CERTAIN CALLS. A provider may not charge a person making a call on a pay telephone for:

  74. Tex. Utilities Code Sec. 55.175. CHARGE FOR LOCAL CALLS.

  75. Tex. Utilities Code Sec. 55.176. CHARGE FOR 800-TYPE CALLS.

  76. Tex. Utilities Code Sec. 55.177. CHARGE FOR CREDIT CARD, CALLING CARD, OR OPERATOR-ASSISTED CALLS.

  77. Tex. Utilities Code Sec. 55.178. NOTICE OF INABILITY TO RECEIVE CALLS.

  78. Tex. Utilities Code Sec. 55.179. INFORMATION REQUIREMENTS.

  79. Tex. Utilities Code Sec. 55.180. VIOLATIONS. The commission may order the disconnection of pay telephone service for not more than one year for repeat violations of commission rules.

  80. Tex. Utilities Code Sec. 55.201. TERMS OF DIRECTORY LISTINGS AND ASSISTANCE.

  81. Tex. Utilities Code Sec. 55.202. DIRECTORY PUBLISHED BY TELECOMMUNICATIONS UTILITY. A telecommunications utility or an affiliate of that utility that publishes a residential or business telephone directory that is distributed to the public shall publish in the directory the name of each state senator or representative who represents all or part of the geographical area for which the directory contains listings.

  82. Tex. Utilities Code Sec. 55.203. DIRECTORY PUBLISHED BY PRIVATE PUBLISHER.

  83. Tex. Utilities Code Sec. 55.204. ELECTRONIC TELEPHONE DIRECTORY.

  84. Tex. Utilities Code Sec. 55.251. CHARGE FOR HOTEL OR MOTEL CALL. A hotel or motel may not charge more than 50 cents for:

  85. Tex. Utilities Code Sec. 55.252. 900 SERVICE USED BY PROBATIONERS OR PAROLEES.

  86. Tex. Utilities Code Sec. 55.253. TELEPHONE PREPAID CALLING SERVICES.

  87. Tex. Utilities Code Sec. 55.301. STATE POLICY. It is the policy of this state to ensure that all customers are protected from the unauthorized switching of a telecommunications utility selected by the customer to provide telecommunications service.

  88. Tex. Utilities Code Sec. 55.302. COMMISSION RULES.

  89. Tex. Utilities Code Sec. 55.303. VERIFICATION OF CHANGE. A telecommunications utility may verify a change order by:

  90. Tex. Utilities Code Sec. 55.304. UNAUTHORIZED CHANGE.

  91. Tex. Utilities Code Sec. 55.305. CORRECTIVE ACTION AND PENALTIES.

  92. Tex. Utilities Code Sec. 55.306. REPEATED AND RECKLESS VIOLATION. If the commission finds that a telecommunications utility has repeatedly and recklessly violated the commission's telecommunications utility selection rules, the commission may, if consistent with the public interest, suspend, restrict, deny, or revoke the registration or certificate, including an amended certificate, of the telecommunications utility and, by taking that action, deny the telecommunications utility the right to provide service in this state.

  93. Tex. Utilities Code Sec. 55.307. DECEPTIVE OR FRAUDULENT PRACTICE. The commission may prohibit a utility from engaging in a deceptive or fraudulent practice, including a marketing practice, involving the selection of a customer's telecommunications utility. The commission may define deceptive and fraudulent practices to which this section applies.

  94. Tex. Utilities Code Sec. 55.308. CONSISTENCY WITH FEDERAL LAW. Notwithstanding any other provision of this subchapter, rules adopted by the commission under this subchapter shall be consistent with applicable federal laws and rules.

Chapter 56

  1. Tex. Utilities Code Sec. 56.001. DEFINITIONS. In this chapter:

  2. Tex. Utilities Code Sec. 56.002. CONFLICT OF PROVISIONS. If this chapter conflicts with another provision of this title, this chapter prevails.

  3. Tex. Utilities Code Sec. 56.021. UNIVERSAL SERVICE FUND ESTABLISHED. The commission shall adopt and enforce rules requiring local exchange companies to establish a universal service fund to:

  4. Tex. Utilities Code Sec. 56.022. UNIFORM CHARGE.

  5. Tex. Utilities Code Sec. 56.023. COMMISSION POWERS AND DUTIES.

  6. Tex. Utilities Code Sec. 56.0231. SUPPORT EXPIRED. Support to an incumbent local exchange company or cooperative provided under Section 56.023 must be reduced on December 31, 2024, to zero percent of the amount of support that the company or cooperative is eligible to receive on that date if before December 31, 2022, support to the company or cooperative had been reduced to 25 percent of the support the company or cooperative was eligible to receive.

  7. Tex. Utilities Code Sec. 56.0232. SUPPORT RELINQUISHED.

  8. Tex. Utilities Code Sec. 56.024. REPORTS; CONFIDENTIALITY.

  9. Tex. Utilities Code Sec. 56.025. MAINTENANCE OF RATES AND EXPANSION OF FUND FOR CERTAIN COMPANIES.

  10. Tex. Utilities Code Sec. 56.026. PROMPT AND EFFICIENT DISBURSEMENTS. The commission shall make each disbursement from the universal service fund promptly and efficiently so that a telecommunications provider does not experience an unnecessary cash-flow change as a result of a change in governmental policy.

  11. Tex. Utilities Code Sec. 56.028. UNIVERSAL SERVICE FUND REIMBURSEMENT FOR CERTAIN INTRALATA SERVICE. On request of an incumbent local exchange company that is not an electing company under Chapters 58 and 59, the commission shall provide reimbursement through the universal service fund for reduced rates for intraLATA interexchange high capacity (1.544 Mbps) service for entities described in Section 58.253(a). The amount of reimbursement shall be the difference between the company's tariffed rate for that service as of January 1, 1998, and the lowest rate offered for that service by any local exchange company electing incentive regulation under Chapter 58.

  12. Tex. Utilities Code Sec. 56.030. AFFIDAVITS OF COMPLIANCE. On or before September 1 of each year, a telecommunications provider that receives disbursements from the universal service fund shall file with the commission an affidavit certifying that the telecommunications provider is in compliance with the requirements for receiving money from the universal service fund and requirements regarding the use of money from each universal service fund program for which the telecommunications provider receives disbursements.

  13. Tex. Utilities Code Sec. 56.031. ADJUSTMENTS: TEXAS HIGH COST UNIVERSAL SERVICE PLAN. The commission may revise the monthly per line support amounts to be made available from the Texas High Cost Universal Service Plan after notice and an opportunity for hearing. In determining appropriate monthly per line support amounts, the commission shall consider the adequacy of basic rates to support universal service.

  14. Tex. Utilities Code Sec. 56.032. ADJUSTMENTS: SMALL AND RURAL INCUMBENT LOCAL EXCHANGE COMPANY UNIVERSAL SERVICE PLAN.

  15. Tex. Utilities Code Sec. 56.033. SUPPORT AVAILABLE TO DEREGULATED MARKETS.

  16. Tex. Utilities Code Sec. 56.101. PURPOSE. The purpose of this subchapter is to provide for the uniform and coordinated provision by one telecommunications carrier of a statewide telecommunications relay access service for persons with an impairment of hearing or speech.

  17. Tex. Utilities Code Sec. 56.102. TELECOMMUNICATIONS RELAY ACCESS SERVICE.

  18. Tex. Utilities Code Sec. 56.103. TELECOMMUNICATIONS RELAY ACCESS SERVICE REQUIREMENTS.

  19. Tex. Utilities Code Sec. 56.104. TELECOMMUNICATIONS RELAY ACCESS SERVICE CHARGES.

  20. Tex. Utilities Code Sec. 56.105. TRIAL SERVICE COSTS AND DESIGN INFORMATION. If the commission orders a local exchange company to provide for a trial telecommunications relay access service for persons with an impairment of hearing or speech, all pertinent costs and design information from the trial must be made available to the public.

  21. Tex. Utilities Code Sec. 56.106. TELECOMMUNICATIONS RELAY ACCESS SERVICE ASSESSMENTS.

  22. Tex. Utilities Code Sec. 56.107. UNIVERSAL SERVICE FUND SURCHARGE.

  23. Tex. Utilities Code Sec. 56.108. SELECTION OF TELECOMMUNICATIONS RELAY ACCESS SERVICE CARRIER.

  24. Tex. Utilities Code Sec. 56.1085. SPECIAL FEATURES FOR RELAY ACCESS SERVICE.

  25. Tex. Utilities Code Sec. 56.109. COMPENSATION OF CARRIER.

  26. Tex. Utilities Code Sec. 56.110. ADVISORY COMMITTEE.

  27. Tex. Utilities Code Sec. 56.111. ADVISORY COMMITTEE DUTIES. The advisory committee shall:

  28. Tex. Utilities Code Sec. 56.112. ADVISORY COMMITTEE SUPPORT AND COSTS.

  29. Tex. Utilities Code Sec. 56.113. ADVISORY COMMITTEE COMPENSATION AND EXPENSES. A member of the advisory committee serves without compensation but is entitled to reimbursement at rates established for state employees for travel and per diem incurred in the performance of the member's official duties.

  30. Tex. Utilities Code Sec. 56.151. SPECIALIZED TELECOMMUNICATIONS ASSISTANCE PROGRAM.

  31. Tex. Utilities Code Sec. 56.152. ELIGIBILITY. The executive commissioner, after consulting with the department, by rule shall prescribe eligibility standards for individuals, including deaf individuals and individuals who have an impairment of hearing or speech, to receive an assistance voucher under the program. To be eligible, an individual must be a resident of this state with a disability that impairs the individual's ability to effectively access the telephone network.

  32. Tex. Utilities Code Sec. 56.153. VOUCHERS.

  33. Tex. Utilities Code Sec. 56.154. DEPARTMENT DUTIES.

  34. Tex. Utilities Code Sec. 56.155. RECOVERY OF SPECIALIZED TELECOMMUNICATIONS DEVICE ASSISTANCE PROGRAM SURCHARGE.

  35. Tex. Utilities Code Sec. 56.156. PROMOTION OF PROGRAM. The department may promote the program established under this subchapter by means of participation in events, advertisements, pamphlets, brochures, forms, pins, or other promotional items or efforts that provide contact information for persons interested in applying for a voucher under the program.

  36. Tex. Utilities Code Sec. 56.201. DEFINITION. In this subchapter, "permanent residential or business premises" means a premises that has permanent facilities for water, wastewater, and electricity.

  37. Tex. Utilities Code Sec. 56.202. DESIGNATION OF PROVIDER.

  38. Tex. Utilities Code Sec. 56.203. PETITION FOR SERVICE. Persons residing in permanent residential premises or owners of permanent residential or business premises that are not included within the certificated area of a holder of a certificate of convenience and necessity may petition the commission to designate a telecommunications provider to provide to those premises voice-grade services supported by state and federal universal service support mechanisms.

  39. Tex. Utilities Code Sec. 56.204. CONTENTS OF PETITION.

  40. Tex. Utilities Code Sec. 56.205. HEARING. If the commission finds that the petition complies with Section 56.204, the commission shall hold an evidentiary hearing to determine if a telecommunications provider is willing to be designated to provide service to those premises or, if a provider is not willing to be designated, to determine the telecommunications provider that is best able to serve those premises under the criteria prescribed by this subchapter.

  41. Tex. Utilities Code Sec. 56.206. DENIAL OF PETITION. The commission shall deny a petition if the commission determines that services cannot be extended to the petitioning premises at a reasonable cost. In making that determination, the commission shall consider all relevant factors, including:

  42. Tex. Utilities Code Sec. 56.207. ORDER. In any order granting a petition, the commission shall:

  43. Tex. Utilities Code Sec. 56.208. DESIGNATION OF PROVIDER.

  44. Tex. Utilities Code Sec. 56.209. RECOVERY OF COSTS.

  45. Tex. Utilities Code Sec. 56.210. AID TO CONSTRUCTION CHARGE; CONTRACT FOR SERVICES. The commission shall establish a reasonable aid to construction charge, not to exceed $3,000, to be assessed each petitioner. The commission may not require a designated provider to begin construction until:

  46. Tex. Utilities Code Sec. 56.211. PERMANENT PREMISES REQUIRED. A telecommunications provider may not under any circumstances be required to extend service to a location that is not a permanent residential or business premises or be required to provide service to the petitioning premises before the 180th day after the date the provider was designated to provide service to the petitioning premises.

  47. Tex. Utilities Code Sec. 56.212. SUBSEQUENT RELATED PETITIONS.

  48. Tex. Utilities Code Sec. 56.213. PREFERRED PROVIDER.

  49. Tex. Utilities Code Sec. 56.214. CERTIFICATE NOT AMENDED. The designation of a provider to serve permanent residential or business premises within an uncertificated area under this subchapter does not have the effect of:

  50. Tex. Utilities Code Sec. 56.251. DEFINITION. In this subchapter, "successor utility" has the meaning assigned by Section 54.301.

  51. Tex. Utilities Code Sec. 56.252. TELECOMMUNICATIONS UTILITIES ELIGIBLE TO RECEIVE FUNDING UNDER THIS SUBCHAPTER. A telecommunications utility may receive funding under this subchapter only if:

  52. Tex. Utilities Code Sec. 56.253. DETERMINATION OF SUCCESSOR UTILITY'S COSTS TO BE RECOVERED.

  53. Tex. Utilities Code Sec. 56.254. RECOVERY OF COSTS. The commission order designating the successor utility under Section 54.303 shall authorize the utility to recover the costs determined under Section 56.253. The costs may be amortized and recovered from the state universal service fund, together with interest at the prevailing commercial lending rate:

  54. Tex. Utilities Code Sec. 56.301. AUDIO NEWSPAPER ASSISTANCE PROGRAM. The commission by rule shall establish a program to provide from the universal service fund financial assistance for a free telephone service for blind and visually impaired persons that offers the text of newspapers using synthetic speech. The commission may adopt rules to implement the program.

Chapter 57

  1. Tex. Utilities Code Sec. 57.001. CONFLICT OF PROVISIONS. If this chapter conflicts with another provision of this title, this chapter prevails.

  2. Tex. Utilities Code Sec. 57.021. DEFINITIONS. In this subchapter:

  3. Tex. Utilities Code Sec. 57.022. REDUCED RATES FOR DISTANCE LEARNING OR INFORMATION SHARING SERVICES.

  4. Tex. Utilities Code Sec. 57.023. SERVICE AND RATE REQUIREMENTS. The services and reduced rates must be designed to:

  5. Tex. Utilities Code Sec. 57.024. TARIFF FILINGS. A tariff filed by a dominant carrier under Section 57.022:

  6. Tex. Utilities Code Sec. 57.025. CHANGES IN RATE PROGRAM.

  7. Tex. Utilities Code Sec. 57.071. DEFINITION. In this subchapter, "interactive multimedia communications" means real-time, two-way, interactive voice, video, and data communications conducted over networks that link geographically dispersed locations.

  8. Tex. Utilities Code Sec. 57.072. RATES FOR INTERACTIVE MULTIMEDIA COMMUNICATIONS.

Chapter 58

  1. Tex. Utilities Code Sec. 58.001. POLICY. Considering the status of competition in the telecommunications industry, it is the policy of this state to:

  2. Tex. Utilities Code Sec. 58.002. DEFINITION. In this chapter, "electing company" means an incumbent local exchange company that elects to be subject to incentive regulation and to make the corresponding infrastructure commitment under this chapter.

  3. Tex. Utilities Code Sec. 58.003. CUSTOMER-SPECIFIC CONTRACTS.

  4. Tex. Utilities Code Sec. 58.004. PACKAGING, TERM AND VOLUME DISCOUNTS, AND PROMOTIONAL OFFERINGS.

  5. Tex. Utilities Code Sec. 58.021. ELECTION.

  6. Tex. Utilities Code Sec. 58.022. CHAPTER CONTROLS. This chapter governs the regulation of an electing company's telecommunications services regardless of whether the company is a dominant carrier.

  7. Tex. Utilities Code Sec. 58.023. SERVICE CLASSIFICATION. On election, the services provided by an electing company are classified into two categories:

  8. Tex. Utilities Code Sec. 58.024. SERVICE RECLASSIFICATION.

  9. Tex. Utilities Code Sec. 58.025. COMPLAINT OR HEARING.

  10. Tex. Utilities Code Sec. 58.026. CONSUMER COMPLAINTS REGARDING TARIFFS.

  11. Tex. Utilities Code Sec. 58.027. CONSUMER COMPLAINTS REGARDING SERVICES; ENFORCEMENT OF STANDARDS. This chapter does not restrict:

  12. Tex. Utilities Code Sec. 58.051. SERVICES INCLUDED.

  13. Tex. Utilities Code Sec. 58.052. REGULATION OF SERVICES.

  14. Tex. Utilities Code Sec. 58.053. INVESTMENT LIMITATION ON SERVICE STANDARDS.

  15. Tex. Utilities Code Sec. 58.054. RATES CAPPED.

  16. Tex. Utilities Code Sec. 58.055. RATE ADJUSTMENT BY COMPANY.

  17. Tex. Utilities Code Sec. 58.056. RATE ADJUSTMENT FOR CHANGES IN FCC SEPARATIONS. The commission, on motion of the electing company or on its own motion, shall proportionally adjust rates for services to reflect changes in Federal Communications Commission separations that affect intrastate net income by at least 10 percent.

  18. Tex. Utilities Code Sec. 58.057. RATE ADJUSTMENT FOR CERTAIN COMPANIES.

  19. Tex. Utilities Code Sec. 58.058. RATE GROUP RECLASSIFICATION. Notwithstanding Subchapter B, the commission, on request of the electing company, shall allow a rate group reclassification that results from access line growth.

  20. Tex. Utilities Code Sec. 58.059. COMMISSION RATE ADJUSTMENT PROCEDURE.

  21. Tex. Utilities Code Sec. 58.060. RATE ADJUSTMENT AFTER CAP EXPIRATION. After the expiration of the period during which the rates for basic network services are capped as prescribed by Section 58.054, an electing company may increase a rate for a basic network service only:

  22. Tex. Utilities Code Sec. 58.061. EFFECT ON CERTAIN CHARGES. This subchapter does not affect a charge permitted under:

  23. Tex. Utilities Code Sec. 58.063. PRICING AND PACKAGING FLEXIBILITY.

  24. Tex. Utilities Code Sec. 58.151. SERVICES INCLUDED. The following services are classified as nonbasic services:

  25. Tex. Utilities Code Sec. 58.152. PRICES.

  26. Tex. Utilities Code Sec. 58.153. NEW SERVICES.

  27. Tex. Utilities Code Sec. 58.155. INTERCONNECTION. Because interconnection to competitive providers and interconnection for commercial mobile service providers are subject to the requirements of Sections 251 and 252, Communications Act of 1934 (47 U.S.C. Sections 251 and 252), as amended, and Federal Communications Commission rules, including the commission's authority to arbitrate issues, interconnection is not addressed in this subchapter or Subchapter B.

  28. Tex. Utilities Code Sec. 58.156. REGULATION OF SERVICES. Sections 55.001, 55.002, 55.003, and 55.004 do not apply to retail nonbasic services offered by an electing company or by a transitioning company, as defined by Section 65.002.

  29. Tex. Utilities Code Sec. 58.201. STATEMENT OF STATE GOAL.

  30. Tex. Utilities Code Sec. 58.202. POLICY GOALS FOR IMPLEMENTATION. In implementing this subchapter, the commission shall consider this state's policy goals to:

  31. Tex. Utilities Code Sec. 58.203. INFRASTRUCTURE GOALS OF ALL ELECTING COMPANIES.

  32. Tex. Utilities Code Sec. 58.204. ADDITIONAL INFRASTRUCTURE COMMITMENT OF CERTAIN COMPANIES.

  33. Tex. Utilities Code Sec. 58.205. EXTENSION OR WAIVER OF INFRASTRUCTURE REQUIREMENTS.

  34. Tex. Utilities Code Sec. 58.206. IMPLEMENTATION COSTS; INCREASE IN RATES AND UNIVERSAL SERVICE FUNDS. The commission may not consider the cost of implementing Section 58.203 or 58.204 in determining whether an electing company is entitled to:

  35. Tex. Utilities Code Sec. 58.251. INTENT AND GOAL OF SUBCHAPTER.

  36. Tex. Utilities Code Sec. 58.252. DEFINITIONS. In this subchapter:

  37. Tex. Utilities Code Sec. 58.253. PRIVATE NETWORK SERVICES FOR CERTAIN ENTITIES.

  38. Tex. Utilities Code Sec. 58.254. PRIORITIES. An electing company shall give priority to serving:

  39. Tex. Utilities Code Sec. 58.255. CONTRACTS FOR PRIVATE NETWORK SERVICES.

  40. Tex. Utilities Code Sec. 58.256. PREFERRED RATE TREATMENT WARRANTED. An entity described by Section 58.253(a) warrants preferred rate treatment. However, a rate charged for a service must cover the service's long run incremental cost.

  41. Tex. Utilities Code Sec. 58.257. ELECTION OF RATE TREATMENT. An educational institution or a library may elect the rate treatment provided by this subchapter or the discount provided by Subchapter B, Chapter 57.

  42. Tex. Utilities Code Sec. 58.258. PRIVATE NETWORK SERVICES RATES AND TARIFFS.

  43. Tex. Utilities Code Sec. 58.259. TARIFF RATE FOR CERTAIN INTRALATA SERVICE.

  44. Tex. Utilities Code Sec. 58.260. POINT-TO-POINT 45 MEGABITS A SECOND INTRALATA SERVICE.

  45. Tex. Utilities Code Sec. 58.261. BROADBAND DIGITAL SPECIAL ACCESS SERVICE.

  46. Tex. Utilities Code Sec. 58.262. EXPANDED INTERCONNECTION.

  47. Tex. Utilities Code Sec. 58.263. INTERNET ACCESS.

  48. Tex. Utilities Code Sec. 58.264. COMPLAINTS LIMITED.

  49. Tex. Utilities Code Sec. 58.265. INTERCONNECTION OF NETWORK SERVICES. The private network services provided under this subchapter may be interconnected with other similar networks for distance learning, telemedicine, and information-sharing purposes.

  50. Tex. Utilities Code Sec. 58.266. SHARING OR RESALE OF NETWORK SERVICES.

  51. Tex. Utilities Code Sec. 58.267. IMPLEMENTATION COSTS; INCREASE IN RATES AND UNIVERSAL SERVICE FUNDS. The commission may not consider the cost of implementing this subchapter in determining whether an electing company is entitled to:

  52. Tex. Utilities Code Sec. 58.268. CONTINUATION OF OBLIGATION. Notwithstanding any other provision of this title, an electing company shall continue to comply with this subchapter until January 1, 2016, regardless of:

  53. Tex. Utilities Code Sec. 58.301. SWITCHED ACCESS RATE REDUCTION. An electing company with greater than five million access lines in this state shall reduce its switched access rates on a combined originating and terminating basis as follows:

  54. Tex. Utilities Code Sec. 58.302. SWITCHED ACCESS RATE CAP.

Chapter 59

  1. Tex. Utilities Code Sec. 59.001. POLICY. It is the policy of this state that an incumbent local exchange company that does not elect to be regulated under Chapter 58 should have incentives to deploy infrastructure that will benefit the residents of this state while maintaining reasonable local rates and universal service.

  2. Tex. Utilities Code Sec. 59.002. DEFINITIONS. In this chapter:

  3. Tex. Utilities Code Sec. 59.021. ELECTION.

  4. Tex. Utilities Code Sec. 59.022. WITHDRAWAL OF ELECTION.

  5. Tex. Utilities Code Sec. 59.023. ELECTION UNDER CHAPTER 58.

  6. Tex. Utilities Code Sec. 59.024. RATE CHANGES.

  7. Tex. Utilities Code Sec. 59.025. SWITCHED ACCESS RATES. Notwithstanding any other provision of this title, the commission may not, on the commission's own motion, reduce an electing company's rates for switched access services before the expiration of the election period prescribed by Section 59.024, but may approve a reduction proposed by the electing company.

  8. Tex. Utilities Code Sec. 59.026. COMPLAINT OR HEARING.

  9. Tex. Utilities Code Sec. 59.027. CONSUMER COMPLAINTS REGARDING TARIFFS.

  10. Tex. Utilities Code Sec. 59.028. CONSUMER COMPLAINTS REGARDING SERVICES; ENFORCEMENT OF STANDARDS. This chapter does not restrict:

  11. Tex. Utilities Code Sec. 59.029. INVESTMENT LIMITATION ON SERVICE STANDARDS.

  12. Tex. Utilities Code Sec. 59.030. NEW SERVICES.

  13. Tex. Utilities Code Sec. 59.031. PRICING AND PACKAGING FLEXIBILITY.

  14. Tex. Utilities Code Sec. 59.032. CUSTOMER PROMOTIONAL OFFERINGS.

  15. Tex. Utilities Code Sec. 59.051. INFRASTRUCTURE COMMITMENT.

  16. Tex. Utilities Code Sec. 59.052. INFRASTRUCTURE GOALS.

  17. Tex. Utilities Code Sec. 59.053. WAIVER OF INFRASTRUCTURE REQUIREMENTS.

  18. Tex. Utilities Code Sec. 59.054. PROGRESS REPORT.

  19. Tex. Utilities Code Sec. 59.055. IMPLEMENTATION COSTS; INCREASE IN RATES AND UNIVERSAL SERVICE FUNDS. The commission may not consider the cost of implementing Section 59.052 in determining whether an electing company is entitled to:

  20. Tex. Utilities Code Sec. 59.071. DEFINITIONS. In this subchapter:

  21. Tex. Utilities Code Sec. 59.072. PRIVATE NETWORK SERVICES FOR CERTAIN ENTITIES.

  22. Tex. Utilities Code Sec. 59.073. INVESTMENT PRIORITIES. An electing company shall give investment priority to serving:

  23. Tex. Utilities Code Sec. 59.074. CONTRACTS FOR PRIVATE NETWORK SERVICES.

  24. Tex. Utilities Code Sec. 59.075. PREFERRED RATE TREATMENT WARRANTED. The classes of customers described by Section 59.072(a) warrant preferred rate treatment. However, a rate charged for a service must cover the service's long run incremental cost.

  25. Tex. Utilities Code Sec. 59.076. ELECTION OF RATE TREATMENT. An educational institution or a library may elect the rate treatment provided by this subchapter or the discount provided by Subchapter B, Chapter 57.

  26. Tex. Utilities Code Sec. 59.077. PRIVATE NETWORK SERVICES RATES AND TARIFFS.

  27. Tex. Utilities Code Sec. 59.078. PRIVATE LINE OR SPECIAL ACCESS RATES.

  28. Tex. Utilities Code Sec. 59.079. COMPLAINTS LIMITED. Notwithstanding any other provision of this title, an electing company is subject to a complaint under Subchapter C or this subchapter only by an entity described by Section 59.072(a).

  29. Tex. Utilities Code Sec. 59.080. INTERCONNECTION OF NETWORK SERVICES. The private network services provided under this subchapter may be interconnected with other similar networks for distance learning, telemedicine, and information-sharing purposes.

  30. Tex. Utilities Code Sec. 59.081. SHARING OR RESALE OF NETWORK SERVICES.

  31. Tex. Utilities Code Sec. 59.082. IMPLEMENTATION COSTS; INCREASE IN RATES AND UNIVERSAL SERVICE FUNDS. The commission may not consider the cost of implementing this subchapter in determining whether an electing company is entitled to:

  32. Tex. Utilities Code Sec. 59.083. CONTINUATION OF OBLIGATION. Notwithstanding any other provision of this title, an electing company shall continue to comply with this subchapter until January 1, 2016, regardless of:

Chapter 60

  1. Tex. Utilities Code Sec. 60.001. FAIR COMPETITION. To the extent necessary to ensure that competition in telecommunications is fair to each participant and to accelerate the improvement of telecommunications in this state, the commission shall ensure that the rates and rules of an incumbent local exchange company:

  2. Tex. Utilities Code Sec. 60.002. EXCLUSIVE JURISDICTION; ENFORCEMENT.

  3. Tex. Utilities Code Sec. 60.003. COMMISSION AUTHORITY.

  4. Tex. Utilities Code Sec. 60.004. APPLICABILITY TO CERTAIN SMALLER INCUMBENT LOCAL EXCHANGE COMPANIES; RULES.

  5. Tex. Utilities Code Sec. 60.005. APPLICABILITY TO CERTAIN LARGER INCUMBENT LOCAL EXCHANGE COMPANIES; RULES.

  6. Tex. Utilities Code Sec. 60.006. BULLETIN BOARD SYSTEMS UNAFFECTED. This subtitle does not:

  7. Tex. Utilities Code Sec. 60.021. MINIMUM UNBUNDLING REQUIREMENT. At a minimum, an incumbent local exchange company shall unbundle its network to the extent the Federal Communications Commission orders.

  8. Tex. Utilities Code Sec. 60.022. COMMISSION UNBUNDLING ORDERS.

  9. Tex. Utilities Code Sec. 60.023. ASSIGNMENT OF UNBUNDLED COMPONENT TO CATEGORY OF SERVICE. The commission may assign an unbundled component to the appropriate category of services under Chapter 58 according to the purposes and intents of the categories.

  10. Tex. Utilities Code Sec. 60.041. LOOP RESALE TARIFF.

  11. Tex. Utilities Code Sec. 60.042. PROHIBITED RESALE OR SHARING.

  12. Tex. Utilities Code Sec. 60.043. RESALE OBLIGATION. A holder of a certificate of operating authority or a service provider certificate of operating authority shall permit a local exchange company to resell the holder's loop facilities at the holder's regularly published rates if the local exchange company:

  13. Tex. Utilities Code Sec. 60.044. ELIMINATION OF RESALE PROHIBITIONS.

  14. Tex. Utilities Code Sec. 60.045. RESALE OR SHARING ARRANGEMENTS UNAFFECTED. This subchapter does not change a resale or sharing arrangement permitted in an incumbent local exchange company tariff that:

  15. Tex. Utilities Code Sec. 60.061. RULES.

  16. Tex. Utilities Code Sec. 60.062. EXCEPTION FOR CAPPED PRICE. The commission may not require imputation of the price to a local exchange telephone service while the price is capped under Chapter 58 or 59.

  17. Tex. Utilities Code Sec. 60.063. IMPUTATION FOR SWITCHED ACCESS. The commission shall impute the price of switched access service to the price of each service for which switched access service is a component until switched access service is competitively available.

  18. Tex. Utilities Code Sec. 60.064. RECOVERY OF COST OF PROVIDING SERVICE.

  19. Tex. Utilities Code Sec. 60.065. WAIVERS. If the commission determines that a waiver is in the public interest, the commission may waive an imputation requirement for a public interest service such as:

  20. Tex. Utilities Code Sec. 60.081. DEFINITION. In this subchapter, "telecommunications number portability" means the ability of a telecommunications services user who is changing from one telecommunications service provider to another provider to retain a telephone number, to the extent technically feasible, without impairing the quality, reliability, or convenience of service.

  21. Tex. Utilities Code Sec. 60.082. PORTABILITY GUIDELINES.

  22. Tex. Utilities Code Sec. 60.083. INTERIM RETENTION OF CONSUMER NUMBERS. As an interim measure, the commission shall adopt reasonable mechanisms, including, at minimum, the use of call forwarding and direct inward dialing, to allow consumers to retain their telephone numbers.

  23. Tex. Utilities Code Sec. 60.084. RATES FOR INTERIM PORTABILITY MEASURES.

  24. Tex. Utilities Code Sec. 60.101. PRICING RULE.

  25. Tex. Utilities Code Sec. 60.102. ADOPTION OF COST STUDIES BY CERTAIN COMPANIES. The commission shall allow an incumbent local exchange company that is not a Tier 1 local exchange company on September 1, 1995, to adopt, at that company's option, the cost studies approved by the commission for a Tier 1 local exchange company.

  26. Tex. Utilities Code Sec. 60.121. DEFINITION. In this subchapter, "interconnection" means, for calls that originate and terminate in this state, the termination of local intraexchange traffic of another local exchange company or holder of a service provider certificate of operating authority within the local calling area of the terminating local exchange company or certificate holder.

  27. Tex. Utilities Code Sec. 60.122. EXCLUSIVE JURISDICTION. The commission has exclusive jurisdiction to determine rates and terms for interconnection for a holder of a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate of operating authority.

  28. Tex. Utilities Code Sec. 60.123. INAPPLICABILITY OF SUBCHAPTER. This subchapter does not apply to a rate for the existing termination of cellular or interexchange traffic.

  29. Tex. Utilities Code Sec. 60.124. INTEROPERABLE NETWORKS REQUIRED.

  30. Tex. Utilities Code Sec. 60.125. DETERMINATION OF INTERCONNECTION RATES.

  31. Tex. Utilities Code Sec. 60.126. INTERCONNECTIVITY NEGOTIATIONS; DISPUTE RESOLUTION. The commission may resolve a dispute filed by a party to a negotiation under Section 60.125(a).

  32. Tex. Utilities Code Sec. 60.127. ADOPTION OF APPROVED INTERCONNECTION RATES.

  33. Tex. Utilities Code Sec. 60.128. USE OF RATES RESTRICTED. The commission may not use interconnection rates under this subchapter as a basis to alter interconnection rates for other services.

  34. Tex. Utilities Code Sec. 60.141. EXPANDED INTERCONNECTION RULES. The commission shall adopt rules for expanded interconnection that:

  35. Tex. Utilities Code Sec. 60.161. INCUMBENT LOCAL EXCHANGE COMPANY REQUIREMENTS. An incumbent local exchange company may not unreasonably:

  36. Tex. Utilities Code Sec. 60.162. EXPANDED INTERCONNECTION. This subchapter does not require an incumbent local exchange company to provide expanded interconnection as that term is defined by the Federal Communications Commission.

  37. Tex. Utilities Code Sec. 60.163. INFRASTRUCTURE SHARING.

  38. Tex. Utilities Code Sec. 60.164. PERMISSIBLE JOINT MARKETING. Except as prescribed in Chapters 61, 62, and 63, the commission may not adopt any rule or order that would prohibit a local exchange company from jointly marketing or selling its products and services with the products and services of any of its affiliates in any manner permitted by federal law or applicable rules or orders of the Federal Communications Commission.

  39. Tex. Utilities Code Sec. 60.165. AFFILIATE RULE. Except as prescribed in Chapters 61, 62, and 63, the commission may not adopt any rule or order that would prescribe for any local exchange company any affiliate rule, including any accounting rule, any cost allocation rule, or any structural separation rule, that is more burdensome than federal law or applicable rules or orders of the Federal Communications Commission. Notwithstanding any other provision in this title, the commission may not attribute or impute to a local exchange company a price discount offered by an affiliate of the local exchange company to the affiliate's customers. This section does not limit the authority of the commission to consider a complaint brought under Subchapter A, Chapter 52, Section 53.003, or this chapter.

  40. Tex. Utilities Code Sec. 60.201. STATEMENT OF POLICY. It is the policy of this state that providers of telecommunications services operate in a manner that is consistent with minimum standards to provide customers with continued competitive choices.

  41. Tex. Utilities Code Sec. 60.202. APPLICABILITY OF SUBCHAPTER. A provision of this subchapter applies only to the extent the provision has not been preempted by federal law or a rule, regulation, or order of the Federal Communications Commission.

  42. Tex. Utilities Code Sec. 60.203. MINIMUM SERVICE REQUIREMENTS. A telecommunications provider may not unreasonably:

  43. Tex. Utilities Code Sec. 60.204. INTERCONNECTION. A telecommunications provider shall provide interconnection with other telecommunications providers' networks for the transmission and routing of telephone exchange service and exchange access.

  44. Tex. Utilities Code Sec. 60.205. NUMBER PORTABILITY. A telecommunications provider shall provide number portability in accordance with federal requirements.

  45. Tex. Utilities Code Sec. 60.206. DUTY TO NEGOTIATE. A telecommunications provider shall negotiate in good faith the terms and conditions of any agreement.

  46. Tex. Utilities Code Sec. 60.207. DIALING PARITY.

  47. Tex. Utilities Code Sec. 60.208. ACCESS TO RIGHTS-OF-WAY. A telecommunications provider shall provide access to poles, ducts, conduits, and rights-of-way to competing providers of telecommunications service on rates, terms, and conditions that are just, reasonable, and nondiscriminatory.

  48. Tex. Utilities Code Sec. 60.209. RECIPROCAL COMPENSATION. A telecommunications provider shall establish reciprocal compensation arrangements for the transport and termination of telecommunications.

  49. Tex. Utilities Code Sec. 60.210. ACCESS TO SERVICES. A telecommunications provider shall provide access to:

Chapter 62

  1. Tex. Utilities Code Sec. 62.001. APPLICABILITY OF CHAPTER. This chapter does not apply to a cable company.

  2. Tex. Utilities Code Sec. 62.002. DEFINITIONS. In this chapter:

  3. Tex. Utilities Code Sec. 62.003. REQUIREMENTS RELATING TO AUDIO AND VIDEO PROGRAMMING.

Chapter 64

  1. Tex. Utilities Code Sec. 64.001. CUSTOMER PROTECTION POLICY.

  2. Tex. Utilities Code Sec. 64.002. DEFINITIONS. In this chapter:

  3. Tex. Utilities Code Sec. 64.004. CUSTOMER PROTECTION STANDARDS.

  4. Tex. Utilities Code Sec. 64.051. ADOPTION OF RULES.

  5. Tex. Utilities Code Sec. 64.052. SCOPE OF RULES. The commission may adopt and enforce rules to:

  6. Tex. Utilities Code Sec. 64.053. REPORTS. The commission may require a telecommunications service provider to submit reports to the commission concerning any matter over which it has authority under this chapter.

  7. Tex. Utilities Code Sec. 64.101. POLICY. It is the policy of this state that all customers be protected from the unauthorized switching of a telecommunications service provider selected by the customer to provide service.

  8. Tex. Utilities Code Sec. 64.102. RULES RELATING TO CHOICE. The commission shall adopt and enforce rules that:

  9. Tex. Utilities Code Sec. 64.151. REQUIREMENTS FOR SUBMITTING CHARGES.

  10. Tex. Utilities Code Sec. 64.152. RESPONSIBILITIES OF BILLING UTILITY.

  11. Tex. Utilities Code Sec. 64.153. RECORDS OF DISPUTED CHARGES.

  12. Tex. Utilities Code Sec. 64.154. NOTICE.

  13. Tex. Utilities Code Sec. 64.155. PROVIDING COPY OF RECORDS. A billing utility shall provide a copy of records maintained under Sections 64.151(c), 64.152, and 64.154 to the commission staff on request. A service provider shall provide a copy of records maintained under Sections 64.151(b) and 64.153 to the commission on request.

  14. Tex. Utilities Code Sec. 64.156. VIOLATIONS.

  15. Tex. Utilities Code Sec. 64.157. DISPUTES.

  16. Tex. Utilities Code Sec. 64.158. CONSISTENCY WITH FEDERAL LAW. Rules adopted by the commission under this subchapter shall be consistent with and not more burdensome than applicable federal laws and rules.

  17. Tex. Utilities Code Sec. 64.201. DEFINITION. In this subchapter, "commercial mobile service provider" means a provider of commercial mobile service as defined by Section 332(d), Communications Act of 1934 (47 U.S.C. Section 151 et seq.), Federal Communications Commission rules, and the Omnibus Budget Reconciliation Act of 1993 (Pub. L. No. 103-66).

  18. Tex. Utilities Code Sec. 64.202. CONSENT REQUIRED.

  19. Tex. Utilities Code Sec. 64.203. VIOLATIONS.

Chapter 65

  1. Tex. Utilities Code Sec. 65.001. STATEMENT OF POLICY. It is the policy of this state to provide for full rate and service competition in the telecommunications market of this state so that customers may benefit from innovations in service quality and market-based pricing.

  2. Tex. Utilities Code Sec. 65.002. DEFINITIONS. In this chapter:

  3. Tex. Utilities Code Sec. 65.003. COMMISSION AUTHORITY.

  4. Tex. Utilities Code Sec. 65.004. INFORMATION.

  5. Tex. Utilities Code Sec. 65.005. CUSTOMER PROTECTION. This chapter does not affect a customer's right to complain to the commission regarding a telecommunications provider.

  6. Tex. Utilities Code Sec. 65.051. MARKETS DEREGULATED. A market that is deregulated as of September 1, 2011, shall remain deregulated. Notwithstanding any other provision of this title, the commission may not reregulate a market or company that has been deregulated.

  7. Tex. Utilities Code Sec. 65.052. DETERMINATION OF WHETHER A MARKET SHOULD REMAIN REGULATED.

  8. Tex. Utilities Code Sec. 65.053. INCUMBENT LOCAL EXCHANGE COMPANY MARKETS.

  9. Tex. Utilities Code Sec. 65.101. ISSUANCE OF CERTIFICATE OF OPERATING AUTHORITY.

  10. Tex. Utilities Code Sec. 65.102. REQUIREMENTS.

  11. Tex. Utilities Code Sec. 65.151. PROVISIONS APPLICABLE TO TRANSITIONING COMPANY.

  12. Tex. Utilities Code Sec. 65.152. GENERAL REQUIREMENTS.

  13. Tex. Utilities Code Sec. 65.153. RATE REQUIREMENTS.

  14. Tex. Utilities Code Sec. 65.154. RATE AND PRICE REQUIREMENTS NOT APPLICABLE.

  15. Tex. Utilities Code Sec. 65.155. COMPLAINT BY AFFECTED PERSON.

  16. Tex. Utilities Code Sec. 65.201. REDUCTION OF SWITCHED ACCESS RATES BY DEREGULATED COMPANY.

  17. Tex. Utilities Code Sec. 65.202. REDUCTION OF SWITCHED ACCESS RATES BY TRANSITIONING COMPANY WITH MORE THAN THREE MILLION ACCESS LINES.

  18. Tex. Utilities Code Sec. 65.203. REDUCTION OF SWITCHED ACCESS RATES BY CERTAIN TRANSITIONING COMPANIES WITH NOT MORE THAN THREE MILLION ACCESS LINES.

  19. Tex. Utilities Code Sec. 65.204. REDUCTION OF SWITCHED ACCESS RATES BY NEWLY DESIGNATED TRANSITIONING COMPANY.

  20. Tex. Utilities Code Sec. 65.205. MAINTENANCE OF REDUCTION OR PARITY.

Chapter 66

  1. Tex. Utilities Code Sec. 66.001. FRANCHISING AUTHORITY. The commission shall be designated as the franchising authority for a state-issued franchise for the provision of cable service or video service.

  2. Tex. Utilities Code Sec. 66.002. DEFINITIONS. In this chapter:

  3. Tex. Utilities Code Sec. 66.003. STATE AUTHORIZATION TO PROVIDE CABLE SERVICE OR VIDEO SERVICE.

  4. Tex. Utilities Code Sec. 66.004. ELIGIBILITY FOR COMMISSION-ISSUED FRANCHISE.

  5. Tex. Utilities Code Sec. 66.005. FRANCHISE FEE.

  6. Tex. Utilities Code Sec. 66.006. IN-KIND CONTRIBUTIONS TO MUNICIPALITY.

  7. Tex. Utilities Code Sec. 66.007. BUILD-OUT. The holder of a state-issued certificate of franchise authority shall not be required to comply with mandatory build-out provisions.

  8. Tex. Utilities Code Sec. 66.008. CUSTOMER SERVICE STANDARDS. The holder of a state-issued certificate of franchise authority shall comply with customer service requirements consistent with 47 C.F.R. Section 76.309(c) until there are two or more providers offering service, excluding direct-to-home satellite service, in the relevant municipality.

  9. Tex. Utilities Code Sec. 66.009. PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS CHANNELS.

  10. Tex. Utilities Code Sec. 66.010. NONDISCRIMINATION BY MUNICIPALITY.

  11. Tex. Utilities Code Sec. 66.011. MUNICIPAL POLICE POWER; OTHER AUTHORITY.

  12. Tex. Utilities Code Sec. 66.012. INDEMNITY IN CONNECTION WITH RIGHT-OF-WAY; NOTICE OF LIABILITY.

  13. Tex. Utilities Code Sec. 66.013. MUNICIPAL AUTHORITY. In addition to a municipality's authority to exercise its nondiscriminatory police power with respect to public rights-of-way under current law, a municipality's authority to regulate the holder of state-issued certificate of franchise authority is limited to:

  14. Tex. Utilities Code Sec. 66.014. DISCRIMINATION PROHIBITED.

  15. Tex. Utilities Code Sec. 66.015. COMPLIANCE.

  16. Tex. Utilities Code Sec. 66.016. APPLICABILITY OF OTHER LAWS.

  17. Tex. Utilities Code Sec. 66.017. PRESERVATION OF CERTAIN DUTIES.

Water

Chapter 1

  1. Tex. Water Code Sec. 1.001. PURPOSE OF CODE.

  2. Tex. Water Code Sec. 1.002. CONSTRUCTION OF CODE.

  3. Tex. Water Code Sec. 1.003. PUBLIC POLICY. It is the public policy of the state to provide for the conservation and development of the state's natural resources, including:

  4. Tex. Water Code Sec. 1.004. FINDINGS AND POLICY REGARDING LAND STEWARDSHIP.

  5. Tex. Water Code Sec. 1.005. LIMITATION ON EXERCISE OF EMINENT DOMAIN POWER. An entity governed by this code and authorized by law to exercise the power of eminent domain may only exercise the power for a public use in accordance with Section 17, Article I, Texas Constitution.

Chapter 5

  1. Tex. Water Code Sec. 5.001. DEFINITIONS. In this chapter:

  2. Tex. Water Code Sec. 5.002. SCOPE OF CHAPTER. The powers and duties enumerated in this chapter are the general powers and duties of the commission and those incidental to the conduct of its business. The commission has other specific powers and duties as prescribed in other sections of this code and other laws of this state.

  3. Tex. Water Code Sec. 5.011. PURPOSE OF CHAPTER. It is the purpose of this chapter to provide an organizational structure for the commission that will provide more efficient and effective administration of the conservation of natural resources and the protection of the environment in this state and to define the duties, responsibilities, authority, and functions of the commission and the executive director.

  4. Tex. Water Code Sec. 5.012. DECLARATION OF POLICY. The commission is the agency of the state given primary responsibility for implementing the constitution and laws of this state relating to the conservation of natural resources and the protection of the environment.

  5. Tex. Water Code Sec. 5.013. GENERAL JURISDICTION OF COMMISSION.

  6. Tex. Water Code Sec. 5.014. SUNSET PROVISION. The Texas Commission on Environmental Quality is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished September 1, 2035.

  7. Tex. Water Code Sec. 5.015. CONSTRUCTION OF TITLE. This title shall be liberally construed to allow the commission and the executive director to carry out their powers and duties in an efficient and effective manner.

  8. Tex. Water Code Sec. 5.051. COMMISSION.

  9. Tex. Water Code Sec. 5.052. MEMBERS OF THE COMMISSION; APPOINTMENT.

  10. Tex. Water Code Sec. 5.053. ELIGIBILITY FOR MEMBERSHIP.

  11. Tex. Water Code Sec. 5.0535. REQUIRED TRAINING PROGRAM FOR COMMISSION MEMBERS.

  12. Tex. Water Code Sec. 5.054. REMOVAL OF COMMISSION MEMBERS.

  13. Tex. Water Code Sec. 5.055. OFFICERS OF STATE; OATH. Each member of the commission is an officer of the state as that term is used in the constitution, and each member shall qualify by taking the official oath of office.

  14. Tex. Water Code Sec. 5.056. TERMS OF OFFICE.

  15. Tex. Water Code Sec. 5.057. FULL-TIME SERVICE. Each member of the commission shall serve on a full-time basis.

  16. Tex. Water Code Sec. 5.058. OFFICERS; MEETINGS.

  17. Tex. Water Code Sec. 5.059. CONFLICT OF INTEREST.

  18. Tex. Water Code Sec. 5.060. LOBBYIST PROHIBITION. A person may not be a member of the commission or act as general counsel to the commission if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the commission.

  19. Tex. Water Code Sec. 5.061. PROHIBITION ON ACCEPTING CAMPAIGN CONTRIBUTIONS. A member of the commission may not accept a contribution to a campaign for election to an elected office. If a member of the commission accepts a campaign contribution, the person is considered to have resigned from the office and the office immediately becomes vacant. The vacancy shall be filled in the manner provided by law.

  20. Tex. Water Code Sec. 5.101. SCOPE OF SUBCHAPTER. The powers and duties provided by this subchapter are the general powers and duties of the commission and those incidental to the conduct of its business. The commission has other specific powers and duties as prescribed in other sections of the code and other laws of this state.

  21. Tex. Water Code Sec. 5.102. GENERAL POWERS.

  22. Tex. Water Code Sec. 5.103. RULES.

  23. Tex. Water Code Sec. 5.1031. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION.

  24. Tex. Water Code Sec. 5.1035. RULES REGARDING DRINKING-WATER STANDARDS. Before adopting rules regarding statewide drinking-water standards, the commission shall hold public meetings, if requested, at its regional offices to allow municipalities, water supply corporations, and other interested persons to submit data or comments concerning the proposed drinking-water standards.

  25. Tex. Water Code Sec. 5.104. MEMORANDA OF UNDERSTANDING.

  26. Tex. Water Code Sec. 5.105. GENERAL POLICY. Except as otherwise specifically provided by this code, the commission, by rule, shall establish and approve all general policy of the commission.

  27. Tex. Water Code Sec. 5.106. BUDGET APPROVAL. The commission shall examine and approve all budget recommendations for the commission that are to be transmitted to the legislature.

  28. Tex. Water Code Sec. 5.107. ADVISORY COMMITTEES, WORK GROUPS, AND TASK FORCES.

  29. Tex. Water Code Sec. 5.108. EXECUTIVE DIRECTOR.

  30. Tex. Water Code Sec. 5.109. CHIEF CLERK.

  31. Tex. Water Code Sec. 5.110. GENERAL COUNSEL.

  32. Tex. Water Code Sec. 5.111. STANDARDS OF CONDUCT. The commission shall provide to its members, appointees, and employees as often as is necessary information regarding their qualifications under this code and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.

  33. Tex. Water Code Sec. 5.112. PUBLIC TESTIMONY POLICY. The commission shall develop and implement policies that will provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the jurisdiction of the commission.

  34. Tex. Water Code Sec. 5.113. COMMISSION AND STAFF RESPONSIBILITY POLICY. The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the executive director and the staff of the commission.

  35. Tex. Water Code Sec. 5.114. APPLICATIONS AND OTHER DOCUMENTS. Applications and other documents to be filed with the commission for final action under this code shall be filed with the executive director and handled in the manner provided by this code.

  36. Tex. Water Code Sec. 5.115. PERSONS AFFECTED IN COMMISSION HEARINGS; NOTICE OF APPLICATION.

  37. Tex. Water Code Sec. 5.116. HEARINGS; RECESS. The commission may recess any hearing or examination from time to time and from place to place.

  38. Tex. Water Code Sec. 5.117. MANDATORY ENFORCEMENT HEARING.

  39. Tex. Water Code Sec. 5.1175. PAYMENT OF PENALTY BY INSTALLMENT.

  40. Tex. Water Code Sec. 5.118. POWER TO ADMINISTER OATHS. Each member of the commission, the chief clerk, or a hearings examiner may administer oaths in any hearing or examination on any matter submitted to the commission for action.

  41. Tex. Water Code Sec. 5.119. COMMISSION TO BE KNOWLEDGEABLE. The commission shall be knowledgeable of the watercourses and natural resources of the state and of the needs of the state concerning the use, storage and conservation of water and the use and conservation of other natural resources and of the need to maintain the quality of the environment in the state.

  42. Tex. Water Code Sec. 5.1191. RESEARCH MODEL.

  43. Tex. Water Code Sec. 5.1192. COORDINATION OF RESEARCH.

  44. Tex. Water Code Sec. 5.1193. REPORT. The commission shall include in the reports required by Section 5.178 a description of cooperative research efforts, an accounting of money spent on research, and a review of the purpose, implementation, and results of particular research projects conducted.

  45. Tex. Water Code Sec. 5.120. CONSERVATION AND QUALITY OF ENVIRONMENT. The commission shall administer the law so as to promote the judicious use and maximum conservation and protection of the quality of the environment and the natural resources of the state.

  46. Tex. Water Code Sec. 5.121. PUBLIC INFORMATION.

  47. Tex. Water Code Sec. 5.122. DELEGATION OF UNCONTESTED MATTERS TO EXECUTIVE DIRECTOR.

  48. Tex. Water Code Sec. 5.124. AUTHORITY TO AWARD GRANTS.

  49. Tex. Water Code Sec. 5.125. COST-SHARING FOR ENVIRONMENTAL COMPLIANCE ASSESSMENTS BY CERTAIN BUSINESSES.

  50. Tex. Water Code Sec. 5.126. REPORT ON ENFORCEMENT ACTIONS.

  51. Tex. Water Code Sec. 5.127. ENVIRONMENTAL MANAGEMENT SYSTEMS.

  52. Tex. Water Code Sec. 5.128. ELECTRONIC REPORTING TO COMMISSION; ELECTRONIC TRANSMISSION OF INFORMATION BY COMMISSION; REDUCTION OF DUPLICATE REPORTING.

  53. Tex. Water Code Sec. 5.129. SUMMARY OF AND INFORMATION PROVIDED BY PUBLIC NOTICES.

  54. Tex. Water Code Sec. 5.130. CONSIDERATION OF CUMULATIVE RISKS. The commission shall:

  55. Tex. Water Code Sec. 5.132. CREATION OF PERFORMANCE MEASURES FOR INNOVATIVE REGULATORY PROGRAMS. The commission shall work with the Legislative Budget Board to create performance measures that assess the improvements in environmental quality achieved by innovative regulatory programs implemented by the commission.

  56. Tex. Water Code Sec. 5.133. ACTIONS IN MEXICO. The commission may take and finance any action in Mexico, in cooperation with governmental authorities of Mexico, that in the opinion of the commission:

  57. Tex. Water Code Sec. 5.134. USE OF ENVIRONMENTAL TESTING LABORATORY DATA AND ANALYSIS.

  58. Tex. Water Code Sec. 5.135. SMALL BUSINESS COMPLIANCE ASSISTANCE PROGRAM.

  59. Tex. Water Code Sec. 5.136. COMMUNITY OUTREACH. The commission shall provide outreach and education to the public on participating in the permitting process under the air, waste, and water programs within the commission's jurisdiction.

  60. Tex. Water Code Sec. 5.171. AUDIT. The financial transactions of the commission are subject to audit by the state auditor in accordance with Chapter 321, Government Code.

  61. Tex. Water Code Sec. 5.172. FUNDS FROM OTHER STATE AGENCIES. Any state agency that has statutory responsibilities for environmental pollution or environmental quality control and that receives a legislative appropriation for these purposes may transfer to the commission any amount mutually agreed on by the commission and the agency, subject to the approval of the governor.

  62. Tex. Water Code Sec. 5.173. PUBLIC INFORMATION RELATING TO COMMISSION. The commission shall prepare information of public interest describing the functions of the commission and describing the commission's procedures by which complaints are filed with and resolved by the commission. The commission shall make the information available to the general public and the appropriate state agencies.

  63. Tex. Water Code Sec. 5.1733. ELECTRONIC POSTING OF INFORMATION. The commission shall post public information on its website. Such information shall include but not be limited to the minutes of advisory committee meetings, pending permit and enforcement actions, compliance histories, and emissions inventories by county and facility name.

  64. Tex. Water Code Sec. 5.1734. ELECTRONIC POSTING OF PERMIT APPLICATIONS.

  65. Tex. Water Code Sec. 5.174. COPIES OF DOCUMENTS, PROCEEDINGS, ETC.

  66. Tex. Water Code Sec. 5.175. INSPECTION OF WATER POLLUTION RECORDS.

  67. Tex. Water Code Sec. 5.176. COMPLAINT FILE.

  68. Tex. Water Code Sec. 5.1765. PUBLICATION OF INFORMATION REGARDING COMPLAINT PROCEDURES AND POLICIES. The commission shall establish a process for educating the public regarding the commission's complaint policies and procedures. As part of the public education process, the commission shall make available to the public in pamphlet form an explanation of the complaint policies and procedures, including information regarding and standards applicable to the collection and preservation of credible evidence of environmental problems by members of the public.

  69. Tex. Water Code Sec. 5.177. NOTICE OF COMPLAINT PROCEDURES; NOTICE OF INVESTIGATION STATUS.

  70. Tex. Water Code Sec. 5.1771. COORDINATION OF COMPLAINT INVESTIGATIONS WITH LOCAL ENFORCEMENT OFFICIALS: TRAINING.

  71. Tex. Water Code Sec. 5.1772. AFTER-HOURS RESPONSE TO COMPLAINTS.

  72. Tex. Water Code Sec. 5.1773. COMPLAINT ASSESSMENT.

  73. Tex. Water Code Sec. 5.178. BIENNIAL REPORTS.

  74. Tex. Water Code Sec. 5.1781. APPLICATION REQUIREMENT FOR COLONIAS PROJECTS.

  75. Tex. Water Code Sec. 5.179. SEAL. The commission shall have a seal bearing the words Texas Commission on Environmental Quality encircling the oak and olive branches common to other official seals.

  76. Tex. Water Code Sec. 5.221. GENERAL RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR. The executive director shall manage the administrative affairs of the commission subject to this code and other laws and under the general supervision and direction of the commission.

  77. Tex. Water Code Sec. 5.222. DELEGATION OF EXECUTIVE DIRECTOR'S AUTHORITY OR DUTY. The executive director may delegate to the executive director's staff any authority or duty assigned to the executive director unless the statute, rule, or order assigning or delegating the authority or duty specifies otherwise.

  78. Tex. Water Code Sec. 5.223. ADMINISTRATIVE ORGANIZATION OF COMMISSION. Subject to approval of the commission, the executive director may organize and reorganize the administrative sections and divisions of the commission in a manner and in a form that will achieve the greatest efficiency and effectiveness.

  79. Tex. Water Code Sec. 5.224. INFORMATION REQUEST TO BOARD.

  80. Tex. Water Code Sec. 5.225. CAREER LADDER PROGRAM. The executive director or his designee shall develop an intraagency career ladder program, one part of which shall require the intraagency posting of all nonentry level positions concurrently with any public posting.

  81. Tex. Water Code Sec. 5.226. MERIT PAY. The executive director or his designee shall develop a system of annual performance evaluations based on measurable job tasks. All merit pay for commission employees must be based on the system established under this section.

  82. Tex. Water Code Sec. 5.227. EQUAL EMPLOYMENT OPPORTUNITY POLICY.

  83. Tex. Water Code Sec. 5.228. APPEARANCES AT HEARINGS.

  84. Tex. Water Code Sec. 5.229. CONTRACTS.

  85. Tex. Water Code Sec. 5.2291. SCIENTIFIC AND TECHNICAL SERVICES.

  86. Tex. Water Code Sec. 5.2292. CONTRACTS FOR SERVICES UNDER PETROLEUM STORAGE TANK STATE-LEAD PROGRAM.

  87. Tex. Water Code Sec. 5.230. ENFORCEMENT. On approval of the commission, the executive director may enforce the terms and conditions of any permit, certified filing, certificate of adjudication, order, standard, or rule by injunction or other appropriate remedy in a court of competent jurisdiction.

  88. Tex. Water Code Sec. 5.231. TRAVEL EXPENSES. The executive director is entitled to receive actual and necessary travel expenses. Other employees of the commission are entitled to receive travel expenses as provided in the General Appropriations Act.

  89. Tex. Water Code Sec. 5.232. EMPLOYEE MOVING EXPENSES. If provided by legislative appropriation, the commission may pay the costs of transporting and delivering the household goods and effects of employees transferred by the executive director from one permanent station to another when, in the judgment of the executive director, the transfer will serve the best interest of the state.

  90. Tex. Water Code Sec. 5.233. GIFTS AND GRANTS. The executive director may apply for, request, solicit, contract for, receive, and accept money and other assistance from any source to carry out the powers and duties under this code and other law.

  91. Tex. Water Code Sec. 5.234. APPLICATIONS AND OTHER DOCUMENTS.

  92. Tex. Water Code Sec. 5.236. GROUNDWATER CONTAMINATION REPORTS.

  93. Tex. Water Code Sec. 5.237. OPERATING FUND.

  94. Tex. Water Code Sec. 5.238. ADMINISTRATIVE ACCOUNT. The commission administrative account is an account in the general revenue fund. The account consists of reimbursements to the commission for services provided by the commission and other sources specified by law and authorized by legislative appropriation.

  95. Tex. Water Code Sec. 5.239. PUBLIC EDUCATION AND ASSISTANCE.

  96. Tex. Water Code Sec. 5.271. CREATION AND GENERAL RESPONSIBILITY OF THE OFFICE OF PUBLIC INTEREST COUNSEL. The office of public interest counsel is created to ensure that the commission promotes the public's interest. The primary duty of the office is to represent the public interest as a party to matters before the commission.

  97. Tex. Water Code Sec. 5.272. PUBLIC INTEREST COUNSEL. The office shall be headed by a public interest counsel appointed by the commission. The executive director may submit the names and qualifications of candidates for public interest counsel to the commission.

  98. Tex. Water Code Sec. 5.2725. ANNUAL REPORT; PERFORMANCE MEASURES.

  99. Tex. Water Code Sec. 5.273. DUTIES OF THE PUBLIC INTEREST COUNSEL.

  100. Tex. Water Code Sec. 5.274. STAFF; OUTSIDE TECHNICAL SUPPORT.

  101. Tex. Water Code Sec. 5.275. APPEAL. A ruling, decision, or other act of the commission may not be appealed by the counsel.

  102. Tex. Water Code Sec. 5.276. FACTORS FOR PUBLIC INTEREST REPRESENTATION.

  103. Tex. Water Code Sec. 5.311. DELEGATION OF RESPONSIBILITY.

  104. Tex. Water Code Sec. 5.312. TIME LIMIT FOR ISSUANCE OR DENIAL OF PERMITS.

  105. Tex. Water Code Sec. 5.313. HEARING EXAMINERS REFERENCED IN LAW. Any reference in law to a hearing examiner who has a duty related to a case pending before the commission means an administrative law judge of the State Office of Administrative Hearings.

  106. Tex. Water Code Sec. 5.315. DISCOVERY IN CASES USING PREFILED WRITTEN TESTIMONY. In a contested case hearing delegated by the commission to the State Office of Administrative Hearings that uses prefiled written testimony, all discovery must be completed before the deadline for the submission of that testimony.

  107. Tex. Water Code Sec. 5.351. JUDICIAL REVIEW OF COMMISSION ACTS.

  108. Tex. Water Code Sec. 5.352. REMEDY FOR COMMISSION OR EXECUTIVE DIRECTOR INACTION. A person affected by the failure of the commission or the executive director to act in a reasonable time on an application to appropriate water or to perform any other duty with reasonable promptness may file a petition to compel the commission or the executive director to show cause why it should not be directed by the court to take immediate action.

  109. Tex. Water Code Sec. 5.353. DILIGENT PROSECUTION OF SUIT. The plaintiff shall prosecute with reasonable diligence any suit brought under Section 5.351 or 5.352 of this code. If the plaintiff does not secure proper service of process or does not prosecute his suit within one year after it is filed, the court shall presume that the suit has been abandoned. The court shall dismiss the suit on a motion for dismissal made by the attorney general unless the plaintiff after receiving due notice can show good and sufficient cause for the delay.

  110. Tex. Water Code Sec. 5.354. VENUE. A suit instituted under Section 5.351 or 5.352 of this code must be brought in a district court in Travis County.

  111. Tex. Water Code Sec. 5.355. APPEAL OF DISTRICT COURT JUDGMENT. A judgment or order of a district court in a suit brought for or against the commission is appealable as are other civil cases in which the district court has original jurisdiction.

  112. Tex. Water Code Sec. 5.356. APPEAL BY EXECUTIVE DIRECTOR PRECLUDED. A ruling, order, decision, or other act of the commission may not be appealed by the executive director.

  113. Tex. Water Code Sec. 5.357. LAW SUITS; CITATION. Law suits filed by and against the commission or executive director shall be in the name of the commission. In suits against the commission or executive director, citation may be served on the executive director.

  114. Tex. Water Code Sec. 5.401. CONSOLIDATED PERMIT PROCESSING.

  115. Tex. Water Code Sec. 5.402. REQUEST FOR SEPARATE PROCESSING.

  116. Tex. Water Code Sec. 5.403. RENEWAL PERIOD FOR CONSOLIDATED PERMIT. The renewal period for a consolidated permit issued under this subchapter is the shortest term set by any state or federal statute or rule governing one or more of the authorizations sought in the consolidated permit.

  117. Tex. Water Code Sec. 5.404. RENEWAL OF PERMITS. A permit issued under this subchapter or a permit issued before and effective on September 1, 1997, that authorizes more than one permit program may be renewed, amended, or modified as a consolidated permit or may be separated by program and the permits may be processed separately and subject to the renewal, amendment, or modification requirements of applicable law governing operations at the facility, plant, or site.

  118. Tex. Water Code Sec. 5.405. FEES.

  119. Tex. Water Code Sec. 5.406. RULES. The commission may adopt rules to effectuate the purposes of this subchapter, including rules providing for:

  120. Tex. Water Code Sec. 5.501. EMERGENCY AND TEMPORARY ORDER OR PERMIT; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITION.

  121. Tex. Water Code Sec. 5.502. APPLICATION FOR EMERGENCY OR TEMPORARY ORDER. A person other than the executive director or the executive director's representative who desires an emergency or temporary order under this subchapter must submit a sworn written application to the commission. The application must:

  122. Tex. Water Code Sec. 5.503. NOTICE OF ISSUANCE. Notice of the issuance of an emergency order shall be provided in accordance with commission rules.

  123. Tex. Water Code Sec. 5.504. HEARING TO AFFIRM, MODIFY, OR SET ASIDE ORDER.

  124. Tex. Water Code Sec. 5.505. TERM OF ORDER. An emergency or temporary order issued under this subchapter must be limited to a reasonable time specified by the order. Except as otherwise provided by this subchapter, the term of an emergency order may not exceed 180 days. An emergency order may be renewed once for a period not to exceed 180 days.

  125. Tex. Water Code Sec. 5.506. EMERGENCY SUSPENSION OF PERMIT CONDITION RELATING TO, AND EMERGENCY AUTHORITY TO MAKE AVAILABLE WATER SET ASIDE FOR, BENEFICIAL INFLOWS TO AFFECTED BAYS AND ESTUARIES AND INSTREAM USES.

  126. Tex. Water Code Sec. 5.507. EMERGENCY ORDER FOR OPERATION OF UTILITY THAT DISCONTINUES OPERATION OR IS REFERRED FOR APPOINTMENT OF RECEIVER. The commission may issue an emergency order appointing a willing person to temporarily manage and operate a utility under Section 13.4132. Notice of the action is adequate if the notice is mailed or hand delivered to the last known address of the utility's headquarters.

  127. Tex. Water Code Sec. 5.509. TEMPORARY OR EMERGENCY ORDER RELATING TO DISCHARGE OF WASTE OR POLLUTANTS.

  128. Tex. Water Code Sec. 5.510. EMERGENCY ORDER CONCERNING UNDERGROUND OR ABOVEGROUND STORAGE TANKS.

  129. Tex. Water Code Sec. 5.511. EMERGENCY ADMINISTRATIVE ORDER CONCERNING IMMINENT AND SUBSTANTIAL ENDANGERMENT. The commission or the executive director may issue an emergency administrative order under Section 361.272, Health and Safety Code, in the manner provided by this subchapter.

  130. Tex. Water Code Sec. 5.512. EMERGENCY ORDER CONCERNING ACTIVITY OF SOLID WASTE MANAGEMENT. The commission may issue an emergency order concerning an activity of solid waste management under the commission's jurisdiction, even if that activity is not covered by a permit, if the commission finds that an emergency requiring immediate action to protect the public health and safety exists.

  131. Tex. Water Code Sec. 5.513. EMERGENCY ORDER CONCERNING ON-SITE SEWAGE DISPOSAL SYSTEM.

  132. Tex. Water Code Sec. 5.514. ORDER ISSUED UNDER AIR EMERGENCY.

  133. Tex. Water Code Sec. 5.5145. EMERGENCY ORDER CONCERNING OPERATION OF ROCK CRUSHER OR CONCRETE PLANT WITHOUT PERMIT. The commission may issue an emergency order under this subchapter suspending operations of a rock crusher or a concrete plant that performs wet batching, dry batching, or central mixing and is required to obtain a permit under Section 382.0518, Health and Safety Code, and is operating without the necessary permit.

  134. Tex. Water Code Sec. 5.5146. EMERGENCY ORDER CONCERNING OPERATION OF CERTAIN TREATMENT FACILITIES WITHOUT PERMIT. The commission may issue an emergency order under this subchapter suspending operations of a treatment facility that:

  135. Tex. Water Code Sec. 5.515. EMERGENCY ORDER BECAUSE OF CATASTROPHE.

  136. Tex. Water Code Sec. 5.516. EMERGENCY ORDER UNDER SECTION 401.056, HEALTH AND SAFETY CODE. The commission may issue an emergency order under Section 401.056, Health and Safety Code, in the manner provided by this subchapter.

  137. Tex. Water Code Sec. 5.551. PERMITTING PROCEDURES; APPLICABILITY.

  138. Tex. Water Code Sec. 5.552. NOTICE OF INTENT TO OBTAIN PERMIT.

  139. Tex. Water Code Sec. 5.553. PRELIMINARY DECISION; NOTICE AND PUBLIC COMMENT.

  140. Tex. Water Code Sec. 5.554. PUBLIC MEETING. During the public comment period, the executive director may hold one or more public meetings in the county in which the facility is located or proposed to be located. The executive director shall hold a public meeting:

  141. Tex. Water Code Sec. 5.555. RESPONSE TO PUBLIC COMMENTS.

  142. Tex. Water Code Sec. 5.5553. NOTICE OF DRAFT PERMIT.

  143. Tex. Water Code Sec. 5.556. REQUEST FOR RECONSIDERATION OR CONTESTED CASE HEARING.

  144. Tex. Water Code Sec. 5.557. DIRECT REFERRAL TO CONTESTED CASE HEARING.

  145. Tex. Water Code Sec. 5.558. CLEAN COAL PROJECT PERMITTING.

  146. Tex. Water Code Sec. 5.559. PROCEDURES FOR PERMIT APPLICATION REVIEW AND CONTESTED CASES INVOLVING PROJECT TO CONSTRUCT OR MODIFY LIQUEFIED NATURAL GAS EXPORT TERMINAL.

  147. Tex. Water Code Sec. 5.581. DEFINITION. In this subchapter, "permit" means a permit, approval, registration, or other form of authorization required by law for a person to engage in an action.

  148. Tex. Water Code Sec. 5.582. APPLICABILITY. This subchapter applies to programs and permits arising under the air, waste, or water programs within the commission's jurisdiction.

  149. Tex. Water Code Sec. 5.583. ELECTRONIC PUBLICATION OF NOTICE.

  150. Tex. Water Code Sec. 5.584. VERIFICATION OF NOTICE BY NEWSPAPER. If an applicant for a permit is required to publish notice in a newspaper, the applicant shall provide to the commission a copy of the published notice and an affidavit from the publisher certifying that the notice was published and the publication meets all applicable requirements, including newspaper circulation.

  151. Tex. Water Code Sec. 5.585. SECURITY AT PUBLIC MEETING OR PUBLIC HEARING. The commission may request that an applicant for a permit that is the subject of a public meeting or public hearing provide uniformed security at the meeting or hearing sufficient to provide for the safety of all attendees and orderly conduct at the meeting or hearing.

  152. Tex. Water Code Sec. 5.586. NOTICE TO STATE SENATOR AND STATE REPRESENTATIVE.

  153. Tex. Water Code Sec. 5.587. TEMPORARY AND INDEFINITE PERMIT REPORTING.

  154. Tex. Water Code Sec. 5.601. DEFINITIONS. In this subchapter:

  155. Tex. Water Code Sec. 5.602. RECOGNITION OF NATIONAL SIGNIFICANCE OF ESTUARIES OF TEXAS COAST. The state recognizes the state and national significance of estuaries on the Texas coast and that the cooperative efforts created by the National Estuary Program serve a public and state purpose. By virtue of that state purpose, an approved implementation program established under the National Estuary Program is eligible to receive state funds through a grant program administered by the commission.

  156. Tex. Water Code Sec. 5.603. FINDING OF BENEFIT AND PUBLIC PURPOSE. The state recognizes the importance of implementing estuary management plans by protecting and improving water quality and restoring estuarine habitat that makes the bays and estuaries productive, protecting the economies of those areas, and continuing the involvement of the public and the many interests who use and appreciate the estuarine resources of Texas. State and local government participation in estuary programs to protect natural resources serves a public use and benefit. The state and the implementing agencies recognize the prerogatives of local governments and the sanctity of private property rights. No action by an estuary program is intended to usurp the authority of any local government. A local government's participation in or withdrawal from an estuary program is at the sole discretion of the local government and is subject only to the local government's obligation to complete any financial commitment it has made.

  157. Tex. Water Code Sec. 5.604. LEAD STATE AGENCY. The commission is the lead state agency for the implementation of approved comprehensive conservation and management plans developed under the National Estuary Program. The commission may accept federal grants for purposes of this subchapter and may award grants and enter into contracts with an implementing agency for the implementation of approved plans under this subchapter.

  158. Tex. Water Code Sec. 5.605. STATE AGENCY PARTICIPATION.

  159. Tex. Water Code Sec. 5.606. ESTUARY PROGRAM OFFICES. To accomplish the purposes of this subchapter, the estuary program office of any estuary of the state included in the National Estuary Program and for which the commission is the implementing agency shall be maintained in the region of the estuary involved.

  160. Tex. Water Code Sec. 5.607. IMPLEMENTATION FUNDING. Funding for the implementation of approved comprehensive conservation and management plans is to be shared by the state, local governments in the area of the estuaries, the federal government, and other participants.

  161. Tex. Water Code Sec. 5.608. ELIGIBILITY FOR STATE FUNDING. A comprehensive conservation and management plan is eligible for state funding to assist in implementation of the plan if:

  162. Tex. Water Code Sec. 5.609. ADMINISTRATION. The commission, as the lead state agency for administering the state's share of funds, and any state agency designated as an implementing agency for an approved comprehensive conservation and management plan may accept and make grants and enter into contracts to accomplish the actions identified in the approved plan and to further the purposes of this subchapter.

  163. Tex. Water Code Sec. 5.701. FEES.

  164. Tex. Water Code Sec. 5.702. PAYMENT OF FEES REQUIRED WHEN DUE.

  165. Tex. Water Code Sec. 5.703. FEE ADJUSTMENTS.

  166. Tex. Water Code Sec. 5.704. NOTICE OF CHANGE IN PAYMENT PROCEDURE. The commission shall promptly notify each person required to pay a commission fee under this code or the Health and Safety Code of any change in fee payment procedures.

  167. Tex. Water Code Sec. 5.705. NOTICE OF VIOLATION.

  168. Tex. Water Code Sec. 5.706. PENALTIES AND INTEREST ON DELINQUENT FEES.

  169. Tex. Water Code Sec. 5.707. TRANSFERABILITY OF APPROPRIATIONS AND FUNDS DERIVED FROM FEES. Notwithstanding any law that provides specific purposes for which a fund, account, or revenue source may be used and expended by the commission and that restricts the use of revenues and balances by the commission, the commission may transfer a percentage of appropriations from one appropriation item to another appropriation item consistent with the General Appropriations Act for any biennium authorizing the commission to transfer a percentage of appropriations from one appropriation item to another appropriation item. The use of funds in dedicated accounts under this section for purposes in addition to those provided by statutes restricting their use may not exceed seven percent or $20 million, whichever is less, of appropriations to the commission in the General Appropriations Act for any biennium. A transfer of $500,000 or more from one appropriation item to another appropriation item under this section must be approved by the commission at an open meeting subject to Chapter 551, Government Code.

  170. Tex. Water Code Sec. 5.708. PERMIT FEE EXEMPTION FOR CERTAIN RESEARCH PROJECTS.

  171. Tex. Water Code Sec. 5.751. APPLICABILITY. This subchapter applies to programs under the jurisdiction of the commission under Chapters 26, 27, and 32 of this code and Chapters 361, 375, 382, and 401, Health and Safety Code. It does not apply to occupational licensing programs under the jurisdiction of the commission.

  172. Tex. Water Code Sec. 5.752. DEFINITIONS. In this subchapter:

  173. Tex. Water Code Sec. 5.753. STANDARDS FOR EVALUATING AND USING COMPLIANCE HISTORY.

  174. Tex. Water Code Sec. 5.754. CLASSIFICATION AND USE OF COMPLIANCE HISTORY.

  175. Tex. Water Code Sec. 5.755. STRATEGICALLY DIRECTED REGULATORY STRUCTURE.

  176. Tex. Water Code Sec. 5.756. COLLECTION AND ANALYSIS OF COMPLIANCE PERFORMANCE INFORMATION.

  177. Tex. Water Code Sec. 5.757. COORDINATION OF INNOVATIVE PROGRAMS.

  178. Tex. Water Code Sec. 5.758. REGULATORY FLEXIBILITY.

  179. Tex. Water Code Sec. 5.801. DEFINITION. In this subchapter, "environmental testing laboratory" means a scientific laboratory that performs analyses to determine the chemical, molecular, or pathogenic components of environmental media for regulatory compliance purposes.

  180. Tex. Water Code Sec. 5.802. ADMINISTRATION BY COMMISSION. The commission shall adopt rules for the administration of the voluntary environmental testing laboratory accreditation program established by this chapter. The program must be consistent with national accreditation standards approved by the National Environmental Laboratory Accreditation Program.

  181. Tex. Water Code Sec. 5.803. APPLICATION; FEE.

  182. Tex. Water Code Sec. 5.804. ISSUANCE OF ACCREDITATION; RECIPROCITY.

  183. Tex. Water Code Sec. 5.805. RULES; MINIMUM STANDARDS. The commission shall adopt rules to implement this subchapter and minimum performance and quality assurance standards for accreditation of an environmental testing laboratory.

  184. Tex. Water Code Sec. 5.806. DISCIPLINE. After notice and an opportunity for hearing, the commission may suspend or revoke the accreditation of an environmental testing laboratory that does not comply with the minimum performance and quality assurance standards established under this subchapter.

  185. Tex. Water Code Sec. 5.807. ENVIRONMENTAL TESTING LABORATORY ACCREDITATION ACCOUNT. All fees collected under this subchapter shall be deposited to the credit of the environmental testing laboratory accreditation account and may be appropriated to the commission only for paying the costs of the accreditation program.

Chapter 6

  1. Tex. Water Code Sec. 6.001. DEFINITIONS. In this chapter:

  2. Tex. Water Code Sec. 6.002. SCOPE OF CHAPTER. The powers and duties enumerated in this chapter are the general powers and duties of the board and those incidental to the conduct of its business. The board has other specific powers and duties as prescribed in other sections of this code and other laws of this state.

  3. Tex. Water Code Sec. 6.011. BOARD AS AGENCY OF STATE. The board is the state agency primarily responsible for water planning and for administering water financing for the state.

  4. Tex. Water Code Sec. 6.012. GENERAL DUTIES AND RESPONSIBILITIES.

  5. Tex. Water Code Sec. 6.013. SUNSET PROVISION. The Texas Water Development Board is subject to review under Chapter 325, Government Code (Texas Sunset Act), but is not abolished under that chapter. The board shall be reviewed during the period in which state agencies abolished in 2035 and every 12th year after 2035 are reviewed.

  6. Tex. Water Code Sec. 6.014. CONSTRUCTION OF TITLE. This title shall be liberally construed to allow the board and the executive administrator to carry out their powers and duties in an efficient and effective manner.

  7. Tex. Water Code Sec. 6.051. STATE AGENCY. The Texas Water Development Board is an agency of the state.

  8. Tex. Water Code Sec. 6.052. MEMBERS OF THE BOARD; APPOINTMENT.

  9. Tex. Water Code Sec. 6.053. ELIGIBILITY FOR MEMBERSHIP.

  10. Tex. Water Code Sec. 6.054. REMOVAL OF BOARD MEMBERS.

  11. Tex. Water Code Sec. 6.055. OFFICERS OF STATE; OATH. Each member of the board is an officer of the state as that term is used in the constitution, and each member shall qualify by taking the official oath of office.

  12. Tex. Water Code Sec. 6.056. TERMS OF OFFICE.

  13. Tex. Water Code Sec. 6.057. CONFLICT OF INTEREST.

  14. Tex. Water Code Sec. 6.058. LOBBYIST PROHIBITION. A person may not be a member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board.

  15. Tex. Water Code Sec. 6.059. CHAIRMAN OF THE BOARD. The governor shall designate one member as chairman of the board to serve at the will of the governor.

  16. Tex. Water Code Sec. 6.060. BOARD MEETINGS.

  17. Tex. Water Code Sec. 6.0601. CONSULTATION REGARDING CERTAIN FINANCIAL MATTERS; CLOSED MEETING.

  18. Tex. Water Code Sec. 6.061. FULL-TIME SERVICE. Each member of the board shall serve on a full-time basis.

  19. Tex. Water Code Sec. 6.062. REQUIRED TRAINING FOR BOARD MEMBERS.

  20. Tex. Water Code Sec. 6.101. RULES.

  21. Tex. Water Code Sec. 6.1011. BUDGET APPROVAL. The board shall examine and approve budget recommendations for the board that are to be transmitted to the legislature.

  22. Tex. Water Code Sec. 6.102. ADVISORY COUNCILS. The board may create and consult with any advisory councils that the board considers appropriate to carry out its powers and duties.

  23. Tex. Water Code Sec. 6.103. EXECUTIVE ADMINISTRATOR. The board shall appoint a person to be the executive administrator to serve at the will of the board. A person is not eligible for appointment as the executive administrator if the person served in that capacity on January 1, 2013.

  24. Tex. Water Code Sec. 6.104. MEMORANDA OF UNDERSTANDING. The board may enter into a memorandum of understanding with any other state agency.

  25. Tex. Water Code Sec. 6.105. PUBLIC TESTIMONY POLICY. The board shall develop and implement policies that will provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.

  26. Tex. Water Code Sec. 6.106. STANDARDS OF CONDUCT. The executive administrator or the executive administrator's designee shall provide to members of the board and to agency employees, as often as is necessary, information regarding the requirements for office or employment under this code, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.

  27. Tex. Water Code Sec. 6.107. POWER TO ENTER LAND. Any member or employee of the board may enter any person's land, natural waterway, or artificial waterway for the purpose of making an investigation that would, in the judgment of the executive administrator, assist the board in the discharge of its duties.

  28. Tex. Water Code Sec. 6.108. POWER TO PURCHASE INSURANCE. The board may purchase for its members, appointees, and employees and pay premiums on liability insurance in any amounts and from any insurers the board considers advisable.

  29. Tex. Water Code Sec. 6.109. LIABILITY. Pursuant to the limited waiver of governmental immunity of Chapter 101, Civil Practice and Remedies Code (Texas Tort Claims Act), neither a member of the board nor any employee of the board is personally liable in the person's private capacity for any act performed or for any contract or other obligation entered into or undertaken in an official capacity in good faith and without intent to defraud, in connection with the administration, management, or conduct of the board in its business, programs, or other related affairs.

  30. Tex. Water Code Sec. 6.111. SEPARATION OF RESPONSIBILITIES. The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive administrator and the staff of the board.

  31. Tex. Water Code Sec. 6.112. BORDER PROJECTS WEBSITE.

  32. Tex. Water Code Sec. 6.113. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION.

  33. Tex. Water Code Sec. 6.114. FINANCIAL ASSISTANCE PROGRAMS: DEFAULT, REMEDIES, AND ENFORCEMENT.

  34. Tex. Water Code Sec. 6.115. RECEIVERSHIP.

  35. Tex. Water Code Sec. 6.116. PUBLIC INFORMATION AND REPORTING.

  36. Tex. Water Code Sec. 6.151. AUDIT. The financial transactions of the board are subject to audit by the state auditor in accordance with Chapter 321, Government Code.

  37. Tex. Water Code Sec. 6.152. PUBLIC INFORMATION RELATING TO BOARD. The board shall prepare information of public interest describing the functions of the board and describing the board's procedures by which complaints are filed with and resolved by the board. The board shall make the information available to the general public and the appropriate state agencies.

  38. Tex. Water Code Sec. 6.153. COPIES OF DOCUMENTS, PROCEEDINGS, ETC.

  39. Tex. Water Code Sec. 6.154. COMPLAINT FILE.

  40. Tex. Water Code Sec. 6.155. NOTICE OF COMPLAINT. The board shall periodically notify the complaint parties of the status of the complaint until final disposition.

  41. Tex. Water Code Sec. 6.1555. REFERRAL FOR INVESTIGATION OR ENFORCEMENT ACTION.

  42. Tex. Water Code Sec. 6.156. REPORTS TO GOVERNOR.

  43. Tex. Water Code Sec. 6.1565. APPLICATION REQUIREMENT FOR COLONIAS PROJECTS.

  44. Tex. Water Code Sec. 6.157. SEAL. The board shall have a seal bearing the words "Texas Water Development Board" encircling the oak and olive branches common to other official seals.

  45. Tex. Water Code Sec. 6.181. GENERAL RESPONSIBILITIES. The executive administrator shall manage the administrative affairs of the board subject to this code and other laws and under the general supervision and direction of the board.

  46. Tex. Water Code Sec. 6.183. EMPLOYMENT OF PERSONNEL. The executive administrator shall employ necessary personnel for the board. The executive administrator may delegate powers and duties to deputy executive administrators.

  47. Tex. Water Code Sec. 6.184. ADMINISTRATIVE ORGANIZATION. The executive administrator, with the approval of the board, may organize and reorganize the administrative sections and divisions of the board in a form and manner that will achieve the greatest efficiency and effectiveness.

  48. Tex. Water Code Sec. 6.185. INFORMATION REQUEST TO COMMISSION.

  49. Tex. Water Code Sec. 6.186. CAREER LADDER PROGRAM. The executive administrator or his designee shall develop an intraagency career ladder program, one part of which shall require the intraagency posting of all nonentry level positions concurrently with any public posting.

  50. Tex. Water Code Sec. 6.187. MERIT PAY. The executive administrator or his designee shall develop a system of annual performance evaluations based on measurable job tasks. All merit pay for board employees must be based on the system established under this section.

  51. Tex. Water Code Sec. 6.188. EQUAL EMPLOYMENT OPPORTUNITY POLICY.

  52. Tex. Water Code Sec. 6.189. APPEARANCES AT HEARINGS. The position of and information developed by the board may be presented by the executive administrator or his designated representative at hearings of the board and commission and at hearings held by federal, state, and local agencies on matters affecting the public's interest in the state's water resources, including matters that have been determined to be policies of the state. The board shall be named a party in any hearing before the commission in which the board requests party status. The board may appeal any ruling, decision, or other act of the commission.

  53. Tex. Water Code Sec. 6.190. CONTRACTS.

  54. Tex. Water Code Sec. 6.191. TRAVEL EXPENSES. The executive administrator is entitled to receive actual and necessary travel expenses. Other employees of the board are entitled to receive travel expenses as provided by the General Appropriations Act.

  55. Tex. Water Code Sec. 6.192. GIFTS AND GRANTS. The executive administrator may apply for, request, solicit, contract for, receive, and accept money and other assistance from any source to carry out the powers and duties provided by this code.

  56. Tex. Water Code Sec. 6.193. EMPLOYEE MOVING EXPENSES. If provided by legislative appropriation, the board may pay the costs of transporting and delivering household goods and effects of employees transferred by the executive administrator from one permanent station to another when, in the judgment of the executive administrator, the transfer will serve the best interest of the state.

  57. Tex. Water Code Sec. 6.194. APPLICATIONS AND OTHER DOCUMENTS.

  58. Tex. Water Code Sec. 6.195. NOTICE OF APPLICATION.

  59. Tex. Water Code Sec. 6.197. INTELLECTUAL PROPERTY OF BOARD. The executive administrator, with the approval of the board and on the board's behalf, may:

  60. Tex. Water Code Sec. 6.198. PURCHASE, DONATION, AND SALE OF PROMOTIONAL ITEMS.

  61. Tex. Water Code Sec. 6.241. JUDICIAL REVIEW OF ACTS.

  62. Tex. Water Code Sec. 6.242. REMEDY FOR BOARD OR EXECUTIVE ADMINISTRATOR INACTION. A person affected by the failure of the board or the executive administrator to act in a reasonable time on an application or to perform any other duty with reasonable promptness may file a petition to compel the board or the executive administrator to show cause why it should not be directed by the court to take immediate action.

  63. Tex. Water Code Sec. 6.243. DILIGENT PROSECUTION OF SUIT. The plaintiff shall prosecute with reasonable diligence any suit brought under Section 6.241 or 6.242 of this code. If the plaintiff does not secure proper service of process or does not prosecute his suit within one year after it is filed, the court shall presume that the suit has been abandoned. The court shall dismiss the suit on a motion for dismissal made by the attorney general unless the plaintiff after receiving due notice can show good and sufficient cause for the delay.

  64. Tex. Water Code Sec. 6.244. VENUE. A suit instituted under Section 6.241 or 6.242 of this code must be brought in a district court in Travis County.

  65. Tex. Water Code Sec. 6.245. APPEAL OF DISTRICT COURT JUDGMENT. A judgment or order of a district court in a suit brought for or against the board or the executive administrator is appealable as are other civil cases in which the district court has original jurisdiction.

  66. Tex. Water Code Sec. 6.246. APPEAL BY EXECUTIVE ADMINISTRATOR PRECLUDED. A ruling, order, decision, or other act of the board may not be appealed by the executive administrator.

  67. Tex. Water Code Sec. 6.247. LAW SUITS; CITATION. Law suits filed by and against the board or the executive administrator shall be in the name of the board. In suits against the board or the executive administrator, citation may be served on the executive administrator.

  68. Tex. Water Code Sec. 6.301. DEFINITION. In this subchapter, "project" means a water supply development, treatment, or conveyance project eligible to receive financial assistance from the board.

  69. Tex. Water Code Sec. 6.302. RESPONSIBILITIES OF BOARD.

  70. Tex. Water Code Sec. 6.303. USE OF PROFESSIONAL AND CONSULTING SERVICES AUTHORIZED.

  71. Tex. Water Code Sec. 6.304. FORMATION OF AD HOC COMMITTEES AUTHORIZED. The board may convene one or more ad hoc committees composed of representatives of current or potential project sponsors, the Texas Department of Transportation, river authorities, retail public utilities, electric utilities, counties, municipalities, special purpose districts, common carriers, and other entities considered appropriate by the board to advise and assist the board in fulfilling any purpose described by Section 6.302, including in drafting any guidance or best practices described by that section.

  72. Tex. Water Code Sec. 6.305. PAYMENT OF EXPENSES FROM TEXAS WATER FUND ADMINISTRATIVE FUND. Pursuant to Section 15.504(f), the board shall pay from the Texas water fund administrative fund established under Section 15.508:

Chapter 7

  1. Tex. Water Code Sec. 7.001. DEFINITIONS. In this chapter:

  2. Tex. Water Code Sec. 7.002. ENFORCEMENT AUTHORITY. The commission may initiate an action under this chapter to enforce provisions of this code and the Health and Safety Code within the commission's jurisdiction as provided by Section 5.013 of this code and rules adopted under those provisions. The commission or the executive director may institute legal proceedings to compel compliance with the relevant provisions of this code and the Health and Safety Code and rules, orders, permits, or other decisions of the commission. The commission may delegate to the executive director the authority to issue an administrative order, including an administrative order that assesses penalties or orders corrective measures, to ensure compliance with the provisions of this code and the Health and Safety Code within the commission's jurisdiction as provided by Section 5.013 of this code and rules adopted under those provisions.

  3. Tex. Water Code Sec. 7.0025. INITIATION OF ENFORCEMENT ACTION USING INFORMATION PROVIDED BY PRIVATE INDIVIDUAL.

  4. Tex. Water Code Sec. 7.00251. INITIATION OF CERTAIN CLEAN AIR ACT ENFORCEMENT ACTIONS USING INFORMATION PROVIDED BY A PERSON. If the commission determines that there are multiple violations based on information it receives as required by Title V of the federal Clean Air Act (42 U.S.C. Section 7661 et seq.) from a person, as defined in Section 382.003, Health and Safety Code, only those that require initiation of formal enforcement will be included in any proposed enforcement action. For all other violations that do not require initiation of formal enforcement, the commission may not include in the enforcement action the following:

  5. Tex. Water Code Sec. 7.0026. SUSPENSION OF ENFORCEMENT ACTION AGAINST CERTAIN REGIONAL WATER, SEWER, OR SOLID WASTE SERVICES.

  6. Tex. Water Code Sec. 7.003. ENFORCEMENT REPORT.

  7. Tex. Water Code Sec. 7.004. REMEDIES CUMULATIVE. The remedies under this chapter are cumulative of all other remedies. Nothing in this chapter affects the right of a private corporation or individual to pursue any available common law remedy to abate a condition of pollution or other nuisance, to recover damages to enforce a right, or to prevent or seek redress or compensation for the violation of a right or otherwise redress an injury.

  8. Tex. Water Code Sec. 7.005. EFFECT ON OTHER LAW. This chapter does not exempt a person from complying with or being subject to other law.

  9. Tex. Water Code Sec. 7.006. ENFORCEMENT POLICIES.

  10. Tex. Water Code Sec. 7.031. CORRECTIVE ACTION RELATING TO HAZARDOUS WASTE.

  11. Tex. Water Code Sec. 7.032. INJUNCTIVE RELIEF.

  12. Tex. Water Code Sec. 7.033. RECOVERY OF SECURITY FOR CHAPTER 401, HEALTH AND SAFETY CODE, VIOLATION. The commission shall seek reimbursement, either by a commission order or by a suit filed under Subchapter D by the attorney general at the commission's request, of security from the radiation and perpetual care account used by the commission to pay for actions, including corrective measures, to remedy spills or contamination by radioactive material resulting from a violation of Chapter 401, Health and Safety Code, relating to an activity under the commission's jurisdiction or a rule adopted or a license, registration, or order issued by the commission under that chapter.

  13. Tex. Water Code Sec. 7.034. DEFERRAL OF PENALTY FOR CERTAIN UTILITY FACILITIES.

  14. Tex. Water Code Sec. 7.035. INJUNCTION AND ENFORCEMENT RELATING TO CERTAIN TREATMENT FACILITIES.

  15. Tex. Water Code Sec. 7.051. ADMINISTRATIVE PENALTY.

  16. Tex. Water Code Sec. 7.052. MAXIMUM PENALTY.

  17. Tex. Water Code Sec. 7.0525. PENALTIES FOR VIOLATIONS RELATED TO CERTAIN DRY CLEANING FACILITIES.

  18. Tex. Water Code Sec. 7.053. FACTORS TO BE CONSIDERED IN DETERMINATION OF PENALTY AMOUNT. In determining the amount of an administrative penalty, the commission shall consider:

  19. Tex. Water Code Sec. 7.054. REPORT OF VIOLATION. If, after examination of a possible violation and the facts surrounding that possible violation, the executive director concludes that a violation has occurred, the executive director may issue a preliminary report in accordance with commission rules that includes recommendations regarding any penalty or corrective action.

  20. Tex. Water Code Sec. 7.055. NOTICE OF REPORT. Not later than the 10th day after the date on which the report of a violation is issued, the executive director shall give written notice of the report, in accordance with commission rules, to the person charged with the violation.

  21. Tex. Water Code Sec. 7.056. CONSENT. Not later than the 20th day after the date on which notice is received, the person charged may give to the commission written consent to the executive director's report, including the recommended penalty, or make a written request for a hearing.

  22. Tex. Water Code Sec. 7.057. DEFAULT. If the person charged with the violation consents to the penalty recommended by the executive director or does not timely respond to the notice, the commission by order shall assess the penalty or order a hearing to be held on the recommendations in the executive director's report. If the commission assesses the penalty, the commission shall give written notice of its decision to the person charged.

  23. Tex. Water Code Sec. 7.058. HEARING. If the person charged requests or the commission orders a hearing, the commission shall order and shall give notice of the hearing. The commission by order may find that a violation has occurred and may assess a penalty, may find that a violation has occurred but that a penalty should not be assessed, or may find that a violation has not occurred. In making a penalty decision, the commission shall analyze each factor prescribed by Section 7.053. All proceedings under this section are subject to Chapter 2001, Government Code.

  24. Tex. Water Code Sec. 7.059. NOTICE OF DECISION. The commission shall give notice of its decision to the person charged. If the commission finds that a violation has occurred and assesses a penalty, the commission shall give written notice to the person charged of:

  25. Tex. Water Code Sec. 7.060. NOTICE OF PENALTY. If the commission is required to give notice of a penalty under Section 7.057 or 7.059, the commission shall publish notice of its decision in the Texas Register not later than the 10th day after the date on which the decision is adopted.

  26. Tex. Water Code Sec. 7.061. PAYMENT OF PENALTY; PETITION FOR REVIEW. Within the 30-day period immediately following the date on which the commission's order is final, as provided by Section 2001.144, Government Code, the person charged with the penalty shall:

  27. Tex. Water Code Sec. 7.062. STAYS. Within the 30-day period described by Section 7.061, a person who acts under Section 7.061(3) may:

  28. Tex. Water Code Sec. 7.063. CONSENT TO AFFIDAVIT. If the executive director receives a copy of an affidavit under Section 7.062(2), the executive director may file with the court, within five days after the date the copy is received, a contest to the affidavit. The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true. The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty or give the supersedeas bond.

  29. Tex. Water Code Sec. 7.064. JUDICIAL REVIEW. Judicial review of the order or decision of the commission assessing the penalty is under Subchapter G, Chapter 2001, Government Code.

  30. Tex. Water Code Sec. 7.065. PENALTY REDUCED OR NOT ASSESSED.

  31. Tex. Water Code Sec. 7.066. REFERRAL TO ATTORNEY GENERAL. A person who does not comply with Section 7.061 waives the right to judicial review, and the commission or the executive director may refer the matter to the attorney general for enforcement.

  32. Tex. Water Code Sec. 7.067. SUPPLEMENTAL ENVIRONMENTAL PROJECTS.

  33. Tex. Water Code Sec. 7.0675. ENFORCEMENT DIVERSION PROGRAM FOR SMALL BUSINESSES AND LOCAL GOVERNMENTS.

  34. Tex. Water Code Sec. 7.068. FULL AND COMPLETE SATISFACTION. Payment of an administrative penalty under this subchapter is full and complete satisfaction of the violation for which the penalty is assessed and precludes any other civil or criminal penalty for the same violation.

  35. Tex. Water Code Sec. 7.069. DISPOSITION OF PENALTY.

  36. Tex. Water Code Sec. 7.070. FINDINGS OF FACT NOT REQUIRED; RESERVATIONS. Notwithstanding any other provision to the contrary, the commission is not required to make findings of fact or conclusions of law other than an uncontested finding that the commission has jurisdiction in an agreed order compromising or settling an alleged violation of a statute within the commission's jurisdiction or of a rule adopted or an order or a permit issued under such a statute. An agreed administrative order may include a reservation that:

  37. Tex. Water Code Sec. 7.071. INADMISSIBILITY. An agreed administrative order issued by the commission under this subchapter is not admissible against a party to that order in a civil proceeding unless the proceeding is brought by the attorney general's office to:

  38. Tex. Water Code Sec. 7.072. RECOVERY OF PENALTY. An administrative penalty owed under this subchapter may be recovered in a civil action brought by the attorney general at the request of the commission.

  39. Tex. Water Code Sec. 7.073. CORRECTIVE ACTION. If a person violates any statute or rule within the commission's jurisdiction, the commission may:

  40. Tex. Water Code Sec. 7.074. HEARING POWERS. The commission may exercise under this subchapter the hearing powers authorized by Section 26.020.

  41. Tex. Water Code Sec. 7.075. PUBLIC COMMENT.

  42. Tex. Water Code Sec. 7.101. VIOLATION. A person may not cause, suffer, allow, or permit a violation of a statute within the commission's jurisdiction or a rule adopted or an order or permit issued under such a statute.

  43. Tex. Water Code Sec. 7.102. MAXIMUM PENALTY. A person who causes, suffers, allows, or permits a violation of a statute, rule, order, or permit relating to Chapter 37 of this code, Chapter 366, 371, or 372, Health and Safety Code, Subchapter G, Chapter 382, Health and Safety Code, or Chapter 1903, Occupations Code, shall be assessed for each violation a civil penalty not less than $50 nor greater than $5,000 for each day of each violation as the court or jury considers proper. A person who causes, suffers, allows, or permits a violation of a statute, rule, order, or permit relating to any other matter within the commission's jurisdiction to enforce, other than violations of Chapter 11, 12, 13, 16, or 36 of this code, or Chapter 341, Health and Safety Code, shall be assessed for each violation a civil penalty not less than $50 nor greater than $25,000 for each day of each violation as the court or jury considers proper. Each day of a continuing violation is a separate violation.

  44. Tex. Water Code Sec. 7.1021. MAXIMUM CIVIL PENALTY: VIOLATION OF COMMUNITY RIGHT-TO-KNOW LAWS.

  45. Tex. Water Code Sec. 7.103. CONTINUING VIOLATIONS. If it is shown on a trial of a defendant that the defendant has previously been assessed a civil penalty for a violation of a statute within the commission's jurisdiction or a rule adopted or an order or a permit issued under such a statute within the year before the date on which the violation being tried occurred, the defendant shall be assessed a civil penalty not less than $100 nor greater than $25,000 for each subsequent day and for each subsequent violation. Each day of a continuing violation is a separate violation.

  46. Tex. Water Code Sec. 7.104. NO PENALTY FOR FAILURE TO PAY CERTAIN FEES. A civil penalty may not be assessed for failure to:

  47. Tex. Water Code Sec. 7.105. CIVIL SUIT.

  48. Tex. Water Code Sec. 7.106. RESOLUTION THROUGH ADMINISTRATIVE ORDER. The attorney general's office and the executive director may agree to resolve any violation, before or after referral, by an administrative order issued under Subchapter C by the commission with the approval of the attorney general.

  49. Tex. Water Code Sec. 7.107. DIVISION OF CIVIL PENALTY. Except in a suit brought for a violation of Chapter 28 of this code or of Chapter 401, Health and Safety Code, a civil penalty recovered in a suit brought under this subchapter by a local government shall be divided as follows:

  50. Tex. Water Code Sec. 7.108. ATTORNEY'S FEES. If the state prevails in a suit under this subchapter it may recover reasonable attorney's fees, court costs, and reasonable investigative costs incurred in relation to the proceeding.

  51. Tex. Water Code Sec. 7.109. PARKS AND WILDLIFE DEPARTMENT JURISDICTION.

  52. Tex. Water Code Sec. 7.110. COMMENTS.

  53. Tex. Water Code Sec. 7.111. RECOVERY OF SECURITY FOR CHAPTER 401, HEALTH AND SAFETY CODE, VIOLATION. On request by the commission, the attorney general shall file suit to recover security under Section 7.033.

  54. Tex. Water Code Sec. 7.141. DEFINITIONS. In this subchapter:

  55. Tex. Water Code Sec. 7.142. VIOLATIONS RELATING TO UNLAWFUL USE OF STATE WATER.

  56. Tex. Water Code Sec. 7.143. VIOLATION OF MINIMUM STATE STANDARDS OR MODEL POLITICAL SUBDIVISION RULES.

  57. Tex. Water Code Sec. 7.145. INTENTIONAL OR KNOWING UNAUTHORIZED DISCHARGE.

  58. Tex. Water Code Sec. 7.147. UNAUTHORIZED DISCHARGE.

  59. Tex. Water Code Sec. 7.148. FAILURE TO PROPERLY USE POLLUTION CONTROL MEASURES.

  60. Tex. Water Code Sec. 7.149. FALSE STATEMENT.

  61. Tex. Water Code Sec. 7.150. FAILURE TO NOTIFY OR REPORT.

  62. Tex. Water Code Sec. 7.151. FAILURE TO PAY FEE.

  63. Tex. Water Code Sec. 7.152. INTENTIONAL OR KNOWING UNAUTHORIZED DISCHARGE AND KNOWING ENDANGERMENT.

  64. Tex. Water Code Sec. 7.153. INTENTIONAL OR KNOWING UNAUTHORIZED DISCHARGE AND ENDANGERMENT.

  65. Tex. Water Code Sec. 7.154. RECKLESS UNAUTHORIZED DISCHARGE AND ENDANGERMENT.

  66. Tex. Water Code Sec. 7.155. VIOLATION RELATING TO DISCHARGE OR SPILL.

  67. Tex. Water Code Sec. 7.156. VIOLATION RELATING TO UNDERGROUND STORAGE TANK.

  68. Tex. Water Code Sec. 7.1565. PRESUMPTION. If in the exercise of good faith a person depositing or causing to be deposited a regulated substance into an underground storage tank regulated under Chapter 26 receives a certificate of compliance for that underground storage tank under Section 26.346, the receipt of the certificate of compliance shall be considered prima facie evidence of compliance with this section.

  69. Tex. Water Code Sec. 7.157. VIOLATION RELATING TO INJECTION WELLS.

  70. Tex. Water Code Sec. 7.158. VIOLATION RELATING TO PLUGGING WELLS.

  71. Tex. Water Code Sec. 7.159. VIOLATION RELATING TO WATER WELLS OR DRILLED OR MINED SHAFTS.

  72. Tex. Water Code Sec. 7.160. VIOLATION RELATING TO CERTAIN SUBSURFACE EXCAVATIONS.

  73. Tex. Water Code Sec. 7.161. VIOLATION RELATING TO SOLID WASTE IN ENCLOSED CONTAINERS OR VEHICLES.

  74. Tex. Water Code Sec. 7.162. VIOLATIONS RELATING TO HAZARDOUS WASTE.

  75. Tex. Water Code Sec. 7.163. VIOLATIONS RELATING TO HAZARDOUS WASTE AND ENDANGERMENT.

  76. Tex. Water Code Sec. 7.164. VIOLATIONS RELATING TO MEDICAL WASTE: LARGE GENERATOR.

  77. Tex. Water Code Sec. 7.165. VIOLATIONS RELATING TO MEDICAL WASTE: SMALL GENERATOR.

  78. Tex. Water Code Sec. 7.166. VIOLATIONS RELATING TO TRANSPORTATION OF MEDICAL WASTE.

  79. Tex. Water Code Sec. 7.167. FALSE STATEMENTS RELATING TO MEDICAL WASTE.

  80. Tex. Water Code Sec. 7.168. INTENTIONAL OR KNOWING VIOLATION RELATING TO MEDICAL WASTE AND KNOWING ENDANGERMENT.

  81. Tex. Water Code Sec. 7.169. INTENTIONAL OR KNOWING VIOLATION RELATING TO MEDICAL WASTE AND ENDANGERMENT.

  82. Tex. Water Code Sec. 7.170. INTENTIONAL OR KNOWING RELEASE OF MEDICAL WASTE INTO ENVIRONMENT AND ENDANGERMENT.

  83. Tex. Water Code Sec. 7.171. RECKLESS RELEASE OF MEDICAL WASTE INTO ENVIRONMENT AND ENDANGERMENT.

  84. Tex. Water Code Sec. 7.172. FAILURE OF SEWAGE SYSTEM INSTALLER TO REGISTER.

  85. Tex. Water Code Sec. 7.173. VIOLATION RELATING TO SEWAGE DISPOSAL.

  86. Tex. Water Code Sec. 7.1735. VIOLATION RELATING TO MAINTENANCE OF SEWAGE DISPOSAL SYSTEM.

  87. Tex. Water Code Sec. 7.174. VIOLATION OF SEWAGE DISPOSAL SYSTEM PERMIT PROVISION.

  88. Tex. Water Code Sec. 7.175. EMERGENCY REPAIR NOT AN OFFENSE. An emergency repair to an on-site sewage disposal system without a permit in accordance with the rules adopted under Section 366.012(a)(1)(C), Health and Safety Code, is not an offense under Section 7.172, 7.173, or 7.174 if a written statement describing the need for the repair is provided to the commission or its authorized agent not later than 72 hours after the repair is begun.

  89. Tex. Water Code Sec. 7.176. VIOLATIONS RELATING TO HANDLING OF USED OIL.

  90. Tex. Water Code Sec. 7.177. VIOLATIONS OF CLEAN AIR ACT.

  91. Tex. Water Code Sec. 7.178. FAILURE TO PAY FEES UNDER CLEAN AIR ACT.

  92. Tex. Water Code Sec. 7.179. FALSE REPRESENTATIONS UNDER CLEAN AIR ACT.

  93. Tex. Water Code Sec. 7.180. FAILURE TO NOTIFY UNDER CLEAN AIR ACT.

  94. Tex. Water Code Sec. 7.181. IMPROPER USE OF MONITORING DEVICE.

  95. Tex. Water Code Sec. 7.182. RECKLESS EMISSION OF AIR CONTAMINANT AND ENDANGERMENT.

  96. Tex. Water Code Sec. 7.183. INTENTIONAL OR KNOWING EMISSION OF AIR CONTAMINANT AND KNOWING ENDANGERMENT.

  97. Tex. Water Code Sec. 7.1831. VIOLATION OF LOCALLY ENFORCED MOTOR VEHICLE IDLING LIMITATIONS.

  98. Tex. Water Code Sec. 7.184. VIOLATIONS RELATING TO LOW-LEVEL RADIOACTIVE WASTE.

  99. Tex. Water Code Sec. 7.185. KNOWING OR INTENTIONAL UNAUTHORIZED DISPOSAL OF LEAD-ACID BATTERIES.

  100. Tex. Water Code Sec. 7.1851. VIOLATIONS RELATING TO COMMUNITY RIGHT-TO-KNOW LAWS.

  101. Tex. Water Code Sec. 7.186. SEPARATE OFFENSES. Each day a person engages in conduct proscribed by this subchapter constitutes a separate offense.

  102. Tex. Water Code Sec. 7.187. PENALTIES.

  103. Tex. Water Code Sec. 7.188. REPEAT OFFENSES. If it is shown at the trial of the defendant that the defendant has previously been convicted of the same offense under this subchapter, the maximum punishment is doubled with respect to both the fine and confinement, unless the section creating the offense specifies otherwise.

  104. Tex. Water Code Sec. 7.189. VENUE. Venue for prosecution of an alleged violation under this subchapter is in:

  105. Tex. Water Code Sec. 7.190. DISPOSITION OF FINES. A fine recovered through a prosecution brought under this subchapter shall be divided equally between the state and any local government significantly involved in prosecuting the case, except that if the court determines that the state or the local government bore significantly more of the burden of prosecuting the case, the court may apportion up to 75 percent of the fine to the government that predominantly prosecuted the case.

  106. Tex. Water Code Sec. 7.191. NOTICE OF CONVICTION. In addition to a sentence that may be imposed under this subchapter, a person other than an individual that has been adjudged guilty of an offense may be ordered by the court to give notice of the conviction to any person the court considers appropriate.

  107. Tex. Water Code Sec. 7.192. JUDGMENT OF CONVICTION. On conviction under this subchapter, the clerk of the court in which the conviction is returned shall send a copy of the judgment to the commission.

  108. Tex. Water Code Sec. 7.193. PEACE OFFICERS. For purposes of this subchapter, the authorized agents and employees of the Parks and Wildlife Department are peace officers. Those agents and employees are empowered to enforce this subchapter the same as any other peace officer and for that purpose have the powers and duties of peace officers assigned by Chapter 2A, Code of Criminal Procedure.

  109. Tex. Water Code Sec. 7.194. ALLEGATIONS. In alleging the name of a defendant private corporation, it is sufficient to state in the complaint, indictment, or information the corporate name or to state any name or designation by which the corporation is known or may be identified. It is not necessary to allege that the defendant was lawfully incorporated.

  110. Tex. Water Code Sec. 7.195. SUMMONS AND ARREST.

  111. Tex. Water Code Sec. 7.196. SERVICE OF SUMMONS.

  112. Tex. Water Code Sec. 7.197. ARRAIGNMENT AND PLEADINGS. In any criminal action instituted against a private corporation under this subchapter:

  113. Tex. Water Code Sec. 7.198. APPEARANCE.

  114. Tex. Water Code Sec. 7.199. FINE TREATED AS JUDGMENT IN CIVIL ACTION. If a person other than an individual is found guilty of a violation of this subchapter and a fine is imposed, the fine shall be entered and docketed by the clerk of the court as a judgment against the person, and the fine shall be of the same force and effect and be enforced against the person in the same manner as if the judgment were recovered in a civil action.

  115. Tex. Water Code Sec. 7.200. EFFECT ON CERTAIN OTHER LAWS. Conduct punishable as an offense under this subchapter that is also punishable under another law may be prosecuted under either law.

  116. Tex. Water Code Sec. 7.201. DEFENSE EXCLUDED. It is not a defense to prosecution under this subchapter that the person did not know of or was not aware of a rule, order, or statute.

  117. Tex. Water Code Sec. 7.202. PROOF OF KNOWLEDGE. In determining whether a defendant who is an individual knew that the violation placed another person in imminent danger of death or serious bodily injury under Section 7.168, 7.169, 7.170, or 7.171, the defendant is responsible only for the defendant's actual awareness or actual belief possessed. Knowledge possessed by a person other than the defendant may not be attributed to the defendant. To prove a defendant's actual knowledge, however, circumstantial evidence may be used, including evidence that the defendant took affirmative steps to be shielded from relevant information.

  118. Tex. Water Code Sec. 7.203. CRIMINAL ENFORCEMENT REVIEW.

  119. Tex. Water Code Sec. 7.251. ACT OF GOD. If a person can establish that an event that would otherwise be a violation of a statute within the commission's jurisdiction or a rule adopted or an order or a permit issued under such a statute was caused solely by an act of God, war, strike, riot, or other catastrophe, the event is not a violation of that statute, rule, order, or permit.

  120. Tex. Water Code Sec. 7.252. DEFENSES TO ENDANGERMENT OFFENSES. It is an affirmative defense to prosecution under Section 7.152, 7.153, 7.154, 7.163, 7.168, 7.169, 7.170, 7.171, 7.182, or 7.183 that:

  121. Tex. Water Code Sec. 7.253. DEFENSES AVAILABLE TO PERSON RESPONSIBLE FOR SOLID WASTE VIOLATIONS.

  122. Tex. Water Code Sec. 7.254. DEFENSE TO USED OIL OFFENSES. It is an affirmative defense to prosecution under Section 7.176 that the person unknowingly disposed of used oil into the environment because the used oil had not been properly segregated or separated by the generator from other solid wastes.

  123. Tex. Water Code Sec. 7.255. DEFENSE EXCLUDED. Unless otherwise provided by this chapter, the fact that a person holds a permit issued by the commission does not relieve that person from liability for the violation of a statute within the commission's jurisdiction or a rule adopted or an order or a permit issued under such a statute.

  124. Tex. Water Code Sec. 7.256. COMPLIANCE WITH FEDERAL OCCUPATIONAL SAFETY AND HEALTH STANDARDS. If a person can establish that an act or event that otherwise would be a violation of a statute within the commission's jurisdiction or a rule adopted or an order or permit issued by the commission under such a statute was caused solely by compliance with the general duty clause of the federal Occupational Safety and Health Act of 1970 (29 U.S.C. Section 654), the act or event is not a violation of that statute, rule, order, or permit.

  125. Tex. Water Code Sec. 7.257. DEFENSE TO NUISANCE OR TRESPASS.

  126. Tex. Water Code Sec. 7.301. DEFINITION. In this subchapter:

  127. Tex. Water Code Sec. 7.302. GROUNDS FOR REVOCATION OR SUSPENSION OF PERMIT.

  128. Tex. Water Code Sec. 7.303. GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSE, CERTIFICATE, OR REGISTRATION.

  129. Tex. Water Code Sec. 7.304. SUSPENSION OF REGISTRATION OR REIMBURSEMENT PAYMENT ISSUED UNDER WASTE TIRE RECYCLING PROGRAM. Notwithstanding Sections 7.303, 7.305, and 7.306, the commission may suspend a registration of or reimbursement payment to a waste tire processor, waste tire transporter, waste tire generator, waste tire recycling facility, or waste tire energy recovery facility, without notice or hearing, on the initiation of an enforcement proceeding under this chapter and while the proceeding is pending for a violation of Subchapter P, Chapter 361, Health and Safety Code, or a rule adopted or order issued under that subchapter.

  130. Tex. Water Code Sec. 7.305. PROCEDURES. The commission by rule shall establish procedures for public notice and any public hearing under this subchapter. The procedures shall provide for notice to a county that issued a license, certificate, or registration that is the subject of the hearing.

  131. Tex. Water Code Sec. 7.306. HEARINGS. A hearing under this subchapter shall be conducted in accordance with the hearing rules adopted by the commission and the applicable provisions of Chapter 2001, Government Code.

  132. Tex. Water Code Sec. 7.307. CONSENT. If the holder of a permit, license, certificate, or registration requests or consents to the revocation or suspension of the permit, license, certificate, or registration, the executive director may revoke or suspend the permit, license, exemption, certificate, or registration without a hearing.

  133. Tex. Water Code Sec. 7.308. OTHER RELIEF. A proceeding brought by the commission under this subchapter does not affect the commission's authority to bring suit for injunctive relief or penalty or both under this chapter.

  134. Tex. Water Code Sec. 7.309. PROBATION REQUIREMENTS. If a license, certificate, or registration suspension is probated, the commission may require the holder of the license, certificate, or registration:

  135. Tex. Water Code Sec. 7.310. REVOCATION OR SUSPENSION BY COUNTY. With respect to a license, certificate, or registration issued by a county under a statute or rule within the commission's jurisdiction, the issuing county may suspend or revoke the license, certificate, or registration on the grounds provided under Section 7.303.

  136. Tex. Water Code Sec. 7.351. CIVIL SUITS.

  137. Tex. Water Code Sec. 7.3511. PROCEDURE FOR CIVIL PENALTY; REQUIRED NOTICE.

  138. Tex. Water Code Sec. 7.352. RESOLUTION REQUIRED. In the case of a violation of Chapter 26 of this code or Chapter 382, Health and Safety Code, a local government may not exercise the enforcement power authorized by this subchapter unless its governing body adopts a resolution authorizing the exercise of the power.

  139. Tex. Water Code Sec. 7.353. COMMISSION NECESSARY PARTY. In a suit brought by a local government under this subchapter, the commission is a necessary and indispensable party.

  140. Tex. Water Code Sec. 7.354. COSTS AND FEES. A penalty collected in a suit under this subchapter for a violation of Chapter 28 of this code or Chapter 401, Health and Safety Code, shall be paid to the state. If the suit is brought by a local government or, in the case of a violation of Chapter 401, Health and Safety Code, a person affected as defined in that chapter, the court shall include in any final judgment in favor of the local government or affected person an award to cover reasonable costs and attorney's fees.

  141. Tex. Water Code Sec. 7.355. COMPLAINTS. In the case of a violation of Chapter 401, Health and Safety Code, a local government or person affected may file with the commission a written complaint and may request an investigation of an alleged violation by a person who holds a permit subject to the commission's jurisdiction.

  142. Tex. Water Code Sec. 7.356. COMMISSION REPLY. The commission shall reply to the local government or person affected who filed a complaint under Section 7.355 in writing not later than the 60th day after the complaint is received and shall provide a copy of any investigation report relevant to the complaint together with a determination of whether the alleged violation was committed.

  143. Tex. Water Code Sec. 7.358. OTHER REQUIREMENTS. In the case of a violation of Chapter 1903, Occupations Code, the regulatory authority of any local government may require compliance with any reasonable inspection requirements or ordinances or regulations designed to protect the public water supply and pay any reasonable fees imposed by the local government relating to work performed within its jurisdiction.

  144. Tex. Water Code Sec. 7.359. FACTORS TO BE CONSIDERED IN DETERMINING AMOUNT OF CIVIL PENALTY. In determining the amount of a civil penalty to be assessed in a suit brought by a local government under this subchapter, the trier of fact shall consider the factors described by Section 7.053.

  145. Tex. Water Code Sec. 7.360. LIMITATIONS. A suit for a civil penalty that is brought by a local government under this subchapter must be brought not later than the fifth anniversary of the earlier of the date the person who committed the violation:

Chapter 8

  1. Tex. Water Code Sec. 8.001. DEFINITIONS. In this chapter:

  2. Tex. Water Code Sec. 8.011. CREATION OF COMMISSION. The Southwestern States Water Commission is created as an advisory commission to the governor and the legislature.

  3. Tex. Water Code Sec. 8.013. COMMISSIONERS; APPOINTMENT.

  4. Tex. Water Code Sec. 8.015. TERMS.

  5. Tex. Water Code Sec. 8.016. CHAIRMAN. The governor or the governor's designee shall serve as chairman of the commission.

  6. Tex. Water Code Sec. 8.017. COMMISSION MEETINGS.

  7. Tex. Water Code Sec. 8.019. ADMINISTRATIVE SUPPORT. The board shall provide administrative support to the commission to assist the commission in carrying out this chapter.

  8. Tex. Water Code Sec. 8.020. SPECIAL REPRESENTATIVES. In cooperating with or carrying out discussions with a particular state under Section 8.051 of this code or in negotiating with a particular state under Section 8.056 of this code, the commission may appoint one or more persons who reside within an area of this state that is adjacent to the particular state with which this state is cooperating, having discussions, or negotiating, and who are knowledgeable with regard to the water concerns of the adjacent state, to join the commission in the cooperative activity, discussions, or negotiations and to advise the commission.

  9. Tex. Water Code Sec. 8.051. INTERACTION WITH OTHER STATES.

  10. Tex. Water Code Sec. 8.052. INTERACTION WITH MEXICO. The commission may confer with the government of Mexico concerning water needs and development of sources of water supply.

  11. Tex. Water Code Sec. 8.054. DESIGNATING WATER DEFICIENT AREAS. The commission shall designate areas of the state in which the present and future water supply is not sufficient to meet the future requirements of those areas, even after giving full consideration to the effects of water conservation in the projections of future needs.

  12. Tex. Water Code Sec. 8.055. REPORTS. The commission shall make recommendations to the governor and to the legislature relating to potential water source areas and the necessary methods to bring the water to those areas in this state that need water.

  13. Tex. Water Code Sec. 8.056. COMPACTS. The commission may contact and negotiate with other states regarding the need for establishing interstate compacts, addressing groundwater problems, needs, and supplies, if an aquifer underlies several states, and addressing other related subjects that would be beneficial to the states including the conservation and beneficial use of water.

Chapter 10

  1. Tex. Water Code Sec. 10.001. DEFINITIONS. In this chapter:

  2. Tex. Water Code Sec. 10.002. PURPOSE. The council is created to provide the governor, lieutenant governor, speaker of the house of representatives, legislature, board, commission, political subdivisions, and public with the resource of a select council with expertise in water conservation.

  3. Tex. Water Code Sec. 10.003. CREATION AND MEMBERSHIP.

  4. Tex. Water Code Sec. 10.004. TERMS.

  5. Tex. Water Code Sec. 10.005. PRESIDING OFFICER. The council members shall select one member as the presiding officer of the council to serve in that capacity until the person's term as a council member expires.

  6. Tex. Water Code Sec. 10.006. COUNCIL STAFF. On request by the council, the board shall provide any necessary staff to assist the council in the performance of its duties.

  7. Tex. Water Code Sec. 10.007. PUBLIC MEETINGS AND PUBLIC INFORMATION.

  8. Tex. Water Code Sec. 10.008. INAPPLICABILITY OF ADVISORY COMMITTEE LAW. Chapter 2110, Government Code, does not apply to the size, composition, or duration of the council.

  9. Tex. Water Code Sec. 10.009. COMPENSATION OF MEMBERS.

  10. Tex. Water Code Sec. 10.010. POWERS AND DUTIES OF COUNCIL. The council shall:

  11. Tex. Water Code Sec. 10.011. REPORT. Not later than December 1 of each even-numbered year, the council shall submit to the governor, lieutenant governor, and speaker of the house of representatives:

Chapter 11

  1. Tex. Water Code Sec. 11.001. VESTED RIGHTS NOT AFFECTED.

  2. Tex. Water Code Sec. 11.002. DEFINITIONS. In this chapter and in Chapter 12 of this code:

  3. Tex. Water Code Sec. 11.003. STREAMS THAT FORM BOUNDARIES INCLUDED. This chapter applies to all streams or other sources of water supply lying upon or forming a part of the boundaries of this state.

  4. Tex. Water Code Sec. 11.004. COMMISSION TO RECEIVE CERTIFIED COPIES OF JUDGMENTS, ETC. When any court of record renders a judgment, decree, or order affecting the title to any water right, claim, appropriation, or irrigation facility or affecting any matter over which the commission is given supervision by law, the clerk of the court shall immediately transmit to the commission a certified copy of the judgment, decree, or order.

  5. Tex. Water Code Sec. 11.005. APPLICABILITY TO WORKS UNDER FEDERAL RECLAMATION ACT. This chapter applies to the construction, maintenance, and operation of irrigation works constructed in this state under the federal reclamation act, as amended (43 U.S.C. Sec. 371 et seq.), to the extent that this chapter is not inconsistent with the federal act or the regulations made under that act by the secretary of the interior.

  6. Tex. Water Code Sec. 11.021. STATE WATER.

  7. Tex. Water Code Sec. 11.022. ACQUISITION OF RIGHT TO USE STATE WATER. The right to the use of state water may be acquired by appropriation in the manner and for the purposes provided in this chapter. When the right to use state water is lawfully acquired, it may be taken or diverted from its natural channel.

  8. Tex. Water Code Sec. 11.023. PURPOSES FOR WHICH WATER MAY BE APPROPRIATED.

  9. Tex. Water Code Sec. 11.0235. POLICY REGARDING WATERS OF THE STATE.

  10. Tex. Water Code Sec. 11.0236. ENVIRONMENTAL FLOWS ADVISORY GROUP.

  11. Tex. Water Code Sec. 11.02361. TEXAS ENVIRONMENTAL FLOWS SCIENCE ADVISORY COMMITTEE.

  12. Tex. Water Code Sec. 11.02362. DEVELOPMENT OF ENVIRONMENTAL FLOW REGIME RECOMMENDATIONS.

  13. Tex. Water Code Sec. 11.02363. PERIODIC REVIEW OF ENVIRONMENTAL FLOW STANDARDS; STATEWIDE WORK PLAN.

  14. Tex. Water Code Sec. 11.0237. WATER RIGHTS FOR INSTREAM FLOWS DEDICATED TO ENVIRONMENTAL NEEDS OR BAY AND ESTUARY INFLOWS.

  15. Tex. Water Code Sec. 11.024. APPROPRIATION: PREFERENCES. In order to conserve and properly utilize state water, the public welfare requires not only recognition of beneficial uses but also a constructive public policy regarding the preferences between these uses, and it is therefore declared to be the public policy of this state that in appropriating state water preference shall be given to the following uses in the order named:

  16. Tex. Water Code Sec. 11.025. SCOPE OF APPROPRIATIVE RIGHT. A right to use state water under a permit or a certified filing is limited not only to the amount specifically appropriated but also to the amount which is being or can be beneficially used for the purposes specified in the appropriation, and all water not so used is considered not appropriated.

  17. Tex. Water Code Sec. 11.026. PERFECTION OF AN APPROPRIATION. No right to appropriate water is perfected unless the water has been beneficially used for a purpose stated in the original declaration of intention to appropriate water or stated in a permit issued by the commission or one of its predecessors.

  18. Tex. Water Code Sec. 11.027. RIGHTS BETWEEN APPROPRIATORS. As between appropriators, the first in time is the first in right.

  19. Tex. Water Code Sec. 11.0275. FAIR MARKET VALUE. Whenever the law requires the payment of fair market value for a water right, fair market value shall be determined by the amount of money that a willing buyer would pay a willing seller, neither of which is under any compulsion to buy or sell, for the water in an arms-length transaction and shall not be limited to the amount of money that the owner of the water right has paid or is paying for the water.

  20. Tex. Water Code Sec. 11.029. TITLE TO APPROPRIATION BY LIMITATION. When an appropriator from a source of water supply has used water under the terms of a certified filing or a permit for a period of three years, he acquires title to his appropriation by limitation against any other claimant of water from the same source of water supply and against any riparian owner on the same source of water supply.

  21. Tex. Water Code Sec. 11.030. FORFEITURE OF APPROPRIATION. If any lawful appropriation or use of state water is wilfully abandoned during any three successive years, the right to use the water is forfeited and the water is again subject to appropriation.

  22. Tex. Water Code Sec. 11.031. ANNUAL REPORT.

  23. Tex. Water Code Sec. 11.032. RECORDS.

  24. Tex. Water Code Sec. 11.033. EMINENT DOMAIN. The right to take water necessary for domestic and municipal supply purposes is primary and fundamental, and the right to recover from other uses water which is essential to domestic and municipal supply purposes is paramount and unquestioned in the policy of the state. All political subdivisions of the state and constitutional governmental agencies exercising delegated legislative powers have the power of eminent domain to be exercised as provided by law for domestic, municipal, and manufacturing uses and for other purposes authorized by this code, including the irrigation of land for all requirements of agricultural employment.

  25. Tex. Water Code Sec. 11.034. RESERVOIR SITE: LAND AND RIGHTS-OF-WAY. An appropriator who is authorized to construct a dam or reservoir is granted the right-of-way, not to exceed 100 feet wide, and the necessary area for the site, over any public school land, university land, or asylum land of this state and the use of the rock, gravel, and timber on the site and right-of-way for construction purposes, after paying compensation as determined by the commission. An appropriator may acquire the reservoir site and rights-of-way over private land by contract.

  26. Tex. Water Code Sec. 11.035. CONDEMNATION OF PRIVATE PROPERTY.

  27. Tex. Water Code Sec. 11.036. CONSERVED OR STORED WATER: SUPPLY CONTRACT.

  28. Tex. Water Code Sec. 11.037. WATER SUPPLIERS: RULES AND REGULATIONS.

  29. Tex. Water Code Sec. 11.038. RIGHTS OF OWNERS OF LAND ADJOINING CANAL, ETC.

  30. Tex. Water Code Sec. 11.039. DISTRIBUTION OF WATER DURING SHORTAGE.

  31. Tex. Water Code Sec. 11.040. PERMANENT WATER RIGHT.

  32. Tex. Water Code Sec. 11.041. DENIAL OF WATER: COMPLAINT.

  33. Tex. Water Code Sec. 11.042. DELIVERING WATER DOWN BANKS AND BEDS.

  34. Tex. Water Code Sec. 11.043. RECORDATION OF CONVEYANCE OF IRRIGATION WORK.

  35. Tex. Water Code Sec. 11.044. ROADS AND HIGHWAYS.

  36. Tex. Water Code Sec. 11.045. DITCHES AND CANALS. An appropriator is entitled to construct ditches and canals along or across any stream of water.

  37. Tex. Water Code Sec. 11.046. RETURN SURPLUS WATER.

  38. Tex. Water Code Sec. 11.047. FAILURE TO FENCE. If a person, association of persons, corporation, or water improvement or irrigation district that owns or controls a ditch, canal, reservoir, dam, or lake does not keep it securely fenced, there is no cause of action against the owner of livestock that trespass.

  39. Tex. Water Code Sec. 11.048. COST OF MAINTAINING IRRIGATION DITCH.

  40. Tex. Water Code Sec. 11.049. EXAMINATION AND SURVEY. A person may make any necessary examination and survey in order to select the most advantageous sites for a reservoir and rights-of-way to be used for any of the purposes authorized by this chapter, and for this purpose a person may enter the land or water of any other person.

  41. Tex. Water Code Sec. 11.050. TIDEWATER GATES, ETC.

  42. Tex. Water Code Sec. 11.051. IRRIGATION: LIEN ON CROPS.

  43. Tex. Water Code Sec. 11.052. ACTIVITIES UNDER THE FEDERAL RECLAMATION ACT. The Secretary of the Interior of the United States is authorized to conduct any activities in this state necessary to perform his duties under the federal reclamation act, as amended (43 U.S.C. Section 371 et seq.).

  44. Tex. Water Code Sec. 11.053. EMERGENCY ORDER CONCERNING WATER RIGHTS.

  45. Tex. Water Code Sec. 11.081. UNLAWFUL USE OF STATE WATER. No person may wilfully take, divert, or appropriate any state water for any purpose without first complying with all applicable requirements of this chapter.

  46. Tex. Water Code Sec. 11.082. UNLAWFUL USE: CIVIL PENALTY.

  47. Tex. Water Code Sec. 11.083. OTHER UNLAWFUL TAKING.

  48. Tex. Water Code Sec. 11.084. SALE OF PERMANENT WATER RIGHT WITHOUT A PERMIT. No person may sell or offer to sell a permanent water right unless he has perfected a right to appropriate state water by a certified filing, or unless he has obtained a permit from the commission, authorizing the use of the water for the purposes for which the permanent water right is conveyed.

  49. Tex. Water Code Sec. 11.0841. CIVIL REMEDY.

  50. Tex. Water Code Sec. 11.0842. ADMINISTRATIVE PENALTY.

  51. Tex. Water Code Sec. 11.0843. FIELD CITATION.

  52. Tex. Water Code Sec. 11.085. INTERBASIN TRANSFERS.

  53. Tex. Water Code Sec. 11.086. OVERFLOW CAUSED BY DIVERSION OF WATER.

  54. Tex. Water Code Sec. 11.087. DIVERSION OF WATER ON INTERNATIONAL STREAM.

  55. Tex. Water Code Sec. 11.0871. TEMPORARY DIVERSION OF WATER ON INTERNATIONAL STREAM.

  56. Tex. Water Code Sec. 11.088. DESTRUCTION OF WATERWORKS. No person may wilfully cut, dig, break down, destroy, or injure or open a gate, bank, embankment, or side of any ditch, canal, reservoir, flume, tunnel or feeder, pump or machinery, building, structure, or other work which is the property of another, or in which another owns an interest, or which is lawfully possessed or being used by another, and which is used for milling, mining, manufacturing, the development of power, domestic purposes, agricultural uses, or stock raising, with intent to:

  57. Tex. Water Code Sec. 11.089. JOHNSON GRASS OR RUSSIAN THISTLE.

  58. Tex. Water Code Sec. 11.090. POLLUTING AND LITTERING. No person may deposit in any canal, lateral, reservoir, or lake, used for a purpose named in this chapter, the carcass of any dead animal, tin cans, discarded buckets or pails, garbage, ashes, bailing or barbed wire, earth, offal, or refuse of any character or any other article which might pollute the water or obstruct the flow of a canal or similar structure.

  59. Tex. Water Code Sec. 11.091. INTERFERENCE WITH DELIVERY OF WATER UNDER CONTRACT. No person may wilfully take, divert, appropriate, or interfere with the delivery of conserved or stored water under Section 11.042 of this code.

  60. Tex. Water Code Sec. 11.092. WASTEFUL USE OF WATER. A person who owns or has a possessory right to land contiguous to a canal or irrigation system and who acquires the right by contract to use the water from it commits waste if he:

  61. Tex. Water Code Sec. 11.093. ABATEMENT OF WASTE AS PUBLIC NUISANCE.

  62. Tex. Water Code Sec. 11.094. PENALTY FOR USE OF WORKS DECLARED PUBLIC NUISANCE. No person may operate or attempt to operate any waterworks or irrigation system or use any water under contract with any waterworks or irrigation system that has been previously declared to be a public nuisance.

  63. Tex. Water Code Sec. 11.096. OBSTRUCTION OF NAVIGABLE STREAMS. No person may obstruct the navigation of any stream which can be navigated by steamboats, keelboats, or flatboats by cutting and felling trees or by building on or across the stream any dike, milldam, bridge, or other obstruction.

  64. Tex. Water Code Sec. 11.097. REMOVAL OF OBSTRUCTIONS FROM NAVIGABLE STREAMS.

  65. Tex. Water Code Sec. 11.121. PERMIT REQUIRED. Except as provided in Sections 11.1405, 11.142, 11.1421, 11.1422, and 18.003, no person may appropriate any state water or begin construction of any work designed for the storage, taking, or diversion of water without first obtaining a permit from the commission to make the appropriation.

  66. Tex. Water Code Sec. 11.122. AMENDMENTS TO WATER RIGHTS REQUIRED.

  67. Tex. Water Code Sec. 11.123. PERMIT PREFERENCES. The commission shall give preference to applications in the order declared in Section 11.024 of this code and to applications which will effectuate the maximum utilization of water and are calculated to prevent the escape of water without contribution to a beneficial public service.

  68. Tex. Water Code Sec. 11.124. APPLICATION FOR PERMIT.

  69. Tex. Water Code Sec. 11.125. MAP OR PLAT.

  70. Tex. Water Code Sec. 11.126. COMMISSION REQUIREMENTS.

  71. Tex. Water Code Sec. 11.127. ADDITIONAL REQUIREMENTS: DRAINAGE PLANS. If the commission believes that the efficient operation of any existing or proposed irrigation system may be adversely affected by lack of adequate drainage facilities incident to the work proposed to be done by an applicant, the commission may require the applicant to submit to the executive director for approval plans for drainage adequate to guard against any injury which the proposed work may entail.

  72. Tex. Water Code Sec. 11.1271. ADDITIONAL REQUIREMENTS: WATER CONSERVATION PLANS.

  73. Tex. Water Code Sec. 11.1272. ADDITIONAL REQUIREMENT: DROUGHT CONTINGENCY PLANS FOR CERTAIN APPLICANTS AND WATER RIGHT HOLDERS.

  74. Tex. Water Code Sec. 11.1273. ADDITIONAL REQUIREMENT: REVIEW OF AMENDMENTS TO CERTAIN WATER MANAGEMENT PLANS.

  75. Tex. Water Code Sec. 11.128. PAYMENT OF FEE. The applicant shall pay the filing fee prescribed by Section 5.701 at the time the application is filed. The commission may not record, file, or consider the application until the executive director certifies to the commission that the fee is paid.

  76. Tex. Water Code Sec. 11.129. REVIEW OF APPLICATION; AMENDMENT. The commission shall determine whether the application, maps, and other materials comply with the requirements of this chapter and the rules of the commission. The commission may require amendment of the application, maps, or other materials to achieve necessary compliance.

  77. Tex. Water Code Sec. 11.130. RECORDING APPLICATIONS.

  78. Tex. Water Code Sec. 11.131. EXAMINATION AND DENIAL OF APPLICATION WITHOUT HEARING.

  79. Tex. Water Code Sec. 11.1311. APPROVAL OF CERTAIN APPLICATIONS WITHOUT HEARING.

  80. Tex. Water Code Sec. 11.132. NOTICE.

  81. Tex. Water Code Sec. 11.133. HEARING. At the time and place stated in the notice, the commission shall hold a hearing on the application. Any person may appear at the hearing in person or by attorney or may enter his appearance in writing. Any person who appears may present objection to the issuance of the permit. The commission may receive evidence, orally or by affidavit, in support of or in opposition to the issuance of the permit, and it may hear arguments.

  82. Tex. Water Code Sec. 11.134. ACTION ON APPLICATION.

  83. Tex. Water Code Sec. 11.135. ISSUANCE OF PERMIT.

  84. Tex. Water Code Sec. 11.1351. PERMIT RESTRICTIONS. In granting an application, the commission may direct that stream flow restrictions and other conditions and restrictions be placed in the permit being issued to protect the priority of senior water rights.

  85. Tex. Water Code Sec. 11.136. RECORDING OF PERMIT.

  86. Tex. Water Code Sec. 11.137. SEASONAL PERMITS.

  87. Tex. Water Code Sec. 11.138. TEMPORARY PERMITS.

  88. Tex. Water Code Sec. 11.1381. TERM PERMITS.

  89. Tex. Water Code Sec. 11.139. EMERGENCY AUTHORIZATIONS.

  90. Tex. Water Code Sec. 11.140. PERMITS FOR STORAGE FOR PROJECT DEVELOPMENT. The commission may issue permits for storage solely for the purpose of optimum development of projects. The commission may convert these permits to permits for beneficial use if application to have them converted is made to the commission.

  91. Tex. Water Code Sec. 11.1405. DESALINATION OF SEAWATER FOR USE FOR INDUSTRIAL PURPOSES.

  92. Tex. Water Code Sec. 11.141. DATE OF PRIORITY. When the commission issues a permit, the priority of the appropriation of water and the claimant's right to use the water date from the date of filing of the application.

  93. Tex. Water Code Sec. 11.142. PERMIT EXEMPTIONS.

  94. Tex. Water Code Sec. 11.1421. PERMIT EXEMPTION FOR MARICULTURE ACTIVITIES.

  95. Tex. Water Code Sec. 11.1422. PERMIT EXEMPTION FOR HISTORIC CEMETERIES.

  96. Tex. Water Code Sec. 11.143. USE OF WATER FROM EXEMPT DAM OR RESERVOIR FOR NONEXEMPT PURPOSES.

  97. Tex. Water Code Sec. 11.144. APPROVAL FOR ALTERATIONS. All holders of permits and certified filings shall obtain the approval of the commission before making any alterations, enlargements, extensions, or other changes to any reservoir, dam, main canal, or diversion work on which a permit has been granted or a certified filing recorded. A detailed statement and plans for alterations or changes shall be filed with the commission and approved by the executive director before the alterations or changes are made. This section does not apply to the ordinary maintenance or emergency repair of the facility.

  98. Tex. Water Code Sec. 11.145. WHEN CONSTRUCTION MUST BEGIN.

  99. Tex. Water Code Sec. 11.146. FORFEITURES AND CANCELLATION OF PERMIT FOR INACTION.

  100. Tex. Water Code Sec. 11.147. EFFECTS OF PERMIT ON BAYS AND ESTUARIES AND INSTREAM USES.

  101. Tex. Water Code Sec. 11.1471. ENVIRONMENTAL FLOW STANDARDS AND SET-ASIDES.

  102. Tex. Water Code Sec. 11.148. EMERGENCY SUSPENSION OF PERMIT CONDITIONS AND EMERGENCY AUTHORITY TO MAKE AVAILABLE WATER SET ASIDE FOR ENVIRONMENTAL FLOWS.

  103. Tex. Water Code Sec. 11.1491. EVALUATION OF BAYS AND ESTUARIES DATA.

  104. Tex. Water Code Sec. 11.150. EFFECTS OF PERMITS ON WATER QUALITY. In consideration of an application for a permit under this subchapter, the commission shall assess the effects, if any, of the issuance of the permit on water quality in this state.

  105. Tex. Water Code Sec. 11.1501. CONSIDERATION AND REVISION OF PLANS. In considering an application for a permit to store, take, or divert surface water, or for an amendment to a permit, certified filing, or certificate of adjudication, the commission shall consider the state water plan and any approved regional water plan for the area or areas in which the water is proposed to be stored, diverted, or used.

  106. Tex. Water Code Sec. 11.151. EFFECTS OF PERMITS ON GROUNDWATER. In considering an application for a permit to store, take, or divert surface water, the commission shall consider the effects, if any, on groundwater or groundwater recharge.

  107. Tex. Water Code Sec. 11.152. ASSESSMENT OF EFFECTS OF PERMITS ON FISH AND WILDLIFE HABITATS. In its consideration of an application for a permit to store, take, or divert water in excess of 5,000 acre feet per year, the commission shall assess the effects, if any, on the issuance of the permit on fish and wildlife habitats and may require the applicant to take reasonable actions to mitigate adverse impacts on such habitat. In determining whether to require an applicant to mitigate adverse impacts on a habitat, the commission may consider any net benefit to the habitat produced by the project. The commission shall offset against any mitigation required by the U.S. Fish and Wildlife Service pursuant to 33 C.F.R. Parts 320-330 any mitigation authorized by this section.

  108. Tex. Water Code Sec. 11.153. PROJECTS FOR STORAGE OF APPROPRIATED WATER IN AQUIFERS.

  109. Tex. Water Code Sec. 11.155. AQUIFER STORAGE AND RECOVERY AND AQUIFER RECHARGE REPORTS.

  110. Tex. Water Code Sec. 11.157. WATER FOR USE AS AQUIFER RECHARGE OR IN AN AQUIFER STORAGE AND RECOVERY PROJECT.

  111. Tex. Water Code Sec. 11.158. AMENDMENT TO CONVERT USE FROM RESERVOIR STORAGE TO AQUIFER STORAGE AND RECOVERY.

  112. Tex. Water Code Sec. 11.171. DEFINITIONS. As used in this subchapter:

  113. Tex. Water Code Sec. 11.172. GENERAL PRINCIPLE. A permit, certified filing, or certificate of adjudication is subject to cancellation in whole or part for 10 years nonuse as provided by this subchapter.

  114. Tex. Water Code Sec. 11.173. CANCELLATION IN WHOLE OR IN PART.

  115. Tex. Water Code Sec. 11.174. COMMISSION MAY INITIATE PROCEEDINGS. When the commission finds that its records do not show that some portion of the water has been used during the past 10 years, the executive director may initiate proceedings, terminated by public hearing, to cancel the permit, certified filing, or certificate of adjudication in whole or in part.

  116. Tex. Water Code Sec. 11.175. NOTICE.

  117. Tex. Water Code Sec. 11.176. HEARING.

  118. Tex. Water Code Sec. 11.177. COMMISSION FINDING; ACTION.

  119. Tex. Water Code Sec. 11.183. RESERVOIR. If the holder of a permit, certified filing, or certificate of adjudication has facilities for the storage of water in a reservoir, the commission may allow him to retain the impoundment to the extent of the conservation storage capacity of the reservoir for domestic, livestock, or recreation purposes.

  120. Tex. Water Code Sec. 11.184. MUNICIPAL CERTIFIED FILING. Regardless of other provisions of this subchapter, no portion of a certified filing held by a city, town, village, or municipal water district, authorizing the use of water for municipal purposes, shall be cancelled if water has been put to use under the certified filing for municipal purposes at any time during the 10-year period immediately preceding the institution of cancellation proceedings.

  121. Tex. Water Code Sec. 11.185. EFFECT OF INACTION. Failure to initiate cancellation proceedings under this subchapter does not validate or improve the status of any permit, certified filing, or certificate of adjudication in whole or in part.

  122. Tex. Water Code Sec. 11.186. SUBSEQUENT PROCEEDINGS ON SAME WATER RIGHT. Once cancellation proceedings have been initiated against a particular permit, certified filing, or certificate of adjudication and a hearing has been held, further cancellation proceedings shall not be initiated against the same permit, certified filing, or certificate of adjudication within the five-year period immediately following the date of the hearing.

  123. Tex. Water Code Sec. 11.201. ARTESIAN WELL DEFINED. An artesian well is an artificial water well in which the water, when properly cased, will rise by natural pressure above the first impervious stratum below the surface of the ground.

  124. Tex. Water Code Sec. 11.2011. APPLICABILITY. This subchapter, other than Sections 11.202(c) and 11.206, applies only to an artesian well drilled outside the boundaries of a groundwater conservation district, subsidence district, or other conservation and reclamation district with the authority to regulate the drilling, spacing, or production of water wells.

  125. Tex. Water Code Sec. 11.202. RIGHT TO DRILL ARTESIAN WELL.

  126. Tex. Water Code Sec. 11.205. WASTING WATER FROM ARTESIAN WELL. Unless the water from an artesian well is used for a purpose and in a manner in which it may be lawfully used on the owner's land, it is waste and unlawful to wilfully cause or knowingly permit the water to run off the owner's land or to percolate through the stratum above which the water is found.

  127. Tex. Water Code Sec. 11.206. IMPROPERLY CASED WELL: NUISANCE. An artesian well that is not tightly cased, capped, and furnished with mechanical appliances that readily and effectively prevent water from flowing out of the well and running over the surface of the ground above the well or wasting through the strata through which it passes is a public nuisance and subject to abatement by the executive director.

  128. Tex. Water Code Sec. 11.301. SHORT TITLE. This subchapter may be cited as the Water Rights Adjudication Act.

  129. Tex. Water Code Sec. 11.302. DECLARATION OF POLICY. The conservation and best utilization of the water resources of this state are a public necessity, and it is in the interest of the people of the state to require recordation with the commission of claims of water rights which are presently unrecorded, to limit the exercise of these claims to actual use, and to provide for the adjudication and administration of water rights to the end that the surface-water resources of the state may be put to their greatest beneficial use. Therefore, this subchapter is in furtherance of the public rights, duties, and functions mentioned in this section and in response to the mandate expressed in Article XVI, Section 59 of the Texas Constitution and is in the exercise of the police powers of the state in the interest of the public welfare.

  130. Tex. Water Code Sec. 11.303. RECORDATION AND LIMITATION OF CERTAIN WATER RIGHTS CLAIMS.

  131. Tex. Water Code Sec. 11.304. ADJUDICATION OF WATER RIGHTS. The water rights in any stream or segment of a stream may be adjudicated as provided in this subchapter:

  132. Tex. Water Code Sec. 11.305. INVESTIGATION.

  133. Tex. Water Code Sec. 11.306. NOTICE OF ADJUDICATION.

  134. Tex. Water Code Sec. 11.307. FILING OF SWORN CLAIMS.

  135. Tex. Water Code Sec. 11.308. HEARINGS ON CLAIMS; NOTICE. The commission shall set a time and a place for hearing all claims. Not less than 30 days before commencement of the hearings, the commission shall give notice of the hearings by certified mail to all persons who have filed claims in accordance with Section 11.307 of this code, or this notice may be included in the notice of adjudication provided in Section 11.306 of this code. The hearings shall be conducted as provided in Section 11.337 of this code.

  136. Tex. Water Code Sec. 11.309. PRELIMINARY DETERMINATION OF CLAIMS.

  137. Tex. Water Code Sec. 11.310. EVIDENCE OPEN TO INSPECTION. All evidence presented to or considered by the commission shall be open to public inspection for a period of not less than 60 days, as fixed by the commission, after the notice prescribed in Section 11.312 of this code is issued.

  138. Tex. Water Code Sec. 11.311. DATE FOR FILING CONTESTS. The commission shall set a date for filing contests on the preliminary determination, which date shall not be less than 30 days after the period for public inspection of the evidence has closed.

  139. Tex. Water Code Sec. 11.312. NOTICE OF PRELIMINARY DETERMINATION; COPIES.

  140. Tex. Water Code Sec. 11.313. FILING CONTESTS.

  141. Tex. Water Code Sec. 11.314. HEARING ON CONTEST; NOTICE. After the time for filing contests has expired, the commission shall prepare a notice setting forth the part of the preliminary determination to which each contest is directed and the time and place of a hearing on the contest. The notice shall be sent to each claimant of water rights within the river basin in which the stream or segment is located, to the extent that the claimants can be reasonably ascertained from the records of the commission. The hearing shall be conducted as provided in Section 11.337 of this code.

  142. Tex. Water Code Sec. 11.315. FINAL DETERMINATION. On completion of the hearings on all contests, the commission shall make a final determination of the claims to water rights under adjudication. The commission shall send a copy of the final determination and any modification of the final determination to each claimant whose rights are adjudicated and to each contesting party.

  143. Tex. Water Code Sec. 11.316. APPLICATION FOR REHEARING. Within 30 days from the date of the final determination, any affected party may apply to the commission for a rehearing. Applications for rehearing which in the opinion of the commission are without merit may be denied without notice to other parties, but no application for rehearing shall be granted without notice to each claimant whose rights are adjudicated and to each contesting party.

  144. Tex. Water Code Sec. 11.317. FILING FINAL DETERMINATION WITH DISTRICT COURT.

  145. Tex. Water Code Sec. 11.318. EXCEPTIONS TO FINAL DETERMINATION.

  146. Tex. Water Code Sec. 11.319. HEARINGS ON EXCEPTIONS.

  147. Tex. Water Code Sec. 11.320. SCOPE OF JUDICIAL REVIEW.

  148. Tex. Water Code Sec. 11.321. EVIDENCE. Any exception heard by the court without a jury may be resolved on the record of evidence before the commission, or the court may take additional evidence or direct that additional evidence be heard by the commission.

  149. Tex. Water Code Sec. 11.322. FINAL DECREE.

  150. Tex. Water Code Sec. 11.323. CERTIFICATE OF ADJUDICATION.

  151. Tex. Water Code Sec. 11.324. RECORDATION OF CERTIFICATE.

  152. Tex. Water Code Sec. 11.325. WATER DIVISIONS. The commission shall divide the state into water divisions for the purpose of administering adjudicated water rights. Water divisions may be created from time to time as the necessity arises. The divisions shall be constituted to secure the best protection to the holders of water rights and the most economical supervision on the part of the state.

  153. Tex. Water Code Sec. 11.326. APPOINTMENT OF WATERMASTER.

  154. Tex. Water Code Sec. 11.3261. WATERMASTER ADVISORY COMMITTEE.

  155. Tex. Water Code Sec. 11.327. DUTIES OF WATERMASTER.

  156. Tex. Water Code Sec. 11.3271. POWERS AND DUTIES OF RIO GRANDE WATERMASTER; DELIVERY OF WATER DOWN BANKS AND BED OF RIO GRANDE.

  157. Tex. Water Code Sec. 11.328. WATERMASTER'S NOTICE POSTED. If, in the performance of his duties, a watermaster regulates diversion works or the controlling works of reservoirs, he shall attach to the works a written notice, properly dated and signed, stating that the works have been properly regulated and are wholly under his control. The notice is legal notice to all parties interested in the diversion and distribution of the water served by the diversion works or reservoir.

  158. Tex. Water Code Sec. 11.329. COMPENSATION AND EXPENSES OF WATERMASTER.

  159. Tex. Water Code Sec. 11.3291. WATERMASTER FUND.

  160. Tex. Water Code Sec. 11.330. OUTLET FOR FREE PASSAGE OF WATER. The owner of any works for the diversion or storage of water shall maintain a substantial headgate at the point of diversion, or a gate on each discharge pipe of a pumping plant, constructed so that it can be locked at the proper place by the watermaster, or a suitable outlet in a dam to allow the free passage of water that the owner of the dam is not entitled to divert or impound. The commission shall adopt rules, and the executive director shall enforce the rules, governing the type and location of the headgates or gates and the outlets to allow the free passage of water.

  161. Tex. Water Code Sec. 11.331. MEASURING DEVICES. The commission, by rule, may require the owner of any works for the diversion, taking, storage, or distribution of water to construct and maintain suitable measuring devices at points that will enable the watermaster to determine the quantities of water to be diverted, taken, stored, released, or distributed in order to satisfy the rights of the respective users.

  162. Tex. Water Code Sec. 11.332. INSTALLATION OF FLUMES. The commission, by rule, may require flumes to be installed along the line of any ditch if necessary for the protection of water rights or other property.

  163. Tex. Water Code Sec. 11.333. FAILURE TO COMPLY WITH COMMISSION RULES. If the owner of waterworks using state water refuses or neglects to comply with the rules adopted pursuant to Section 11.330, 11.331, or 11.332 of this code, the executive director, after 10 days notice or after a period of additional time that is reasonable under the circumstances, may direct the watermaster to make adjustments of the control works to prevent the owner of the works from diverting, taking, storing, or distributing any water until he has fully complied with the rules.

  164. Tex. Water Code Sec. 11.334. SUIT AGAINST COMMISSION FOR INJURY. Any person who is injured by an act of the commission under this subchapter may bring suit against the commission to review the action or to obtain an injunction. If the water right involved has been adjudicated as provided in this subchapter, the court shall issue an injunction only if it is shown that the commission has failed to carry into effect the decree adjudicating the water right.

  165. Tex. Water Code Sec. 11.335. ADMINISTRATION OF WATER RIGHTS NOT ADJUDICATED.

  166. Tex. Water Code Sec. 11.336. ADMINISTRATION OF PERMITS ISSUED AFTER ADJUDICATION. Permits, other than temporary permits, that are issued by the commission to appropriate water from an adjudicated stream or segment are subject to administration in the same manner as is provided in this subchapter for adjudicated water rights.

  167. Tex. Water Code Sec. 11.337. HEARINGS: NOTICE AND PROCEDURE.

  168. Tex. Water Code Sec. 11.338. CANCELLATION OF WATER RIGHTS. Nothing in this subchapter recognizes any abandoned or cancelled water right or impairs in any way the power of the commission under general law to forfeit, cancel, or find abandoned any water right, including adjudicated water rights.

  169. Tex. Water Code Sec. 11.339. UNDERGROUND WATER NOT AFFECTED. This subchapter does not apply to underground water as defined in Chapter 52 of this code.

  170. Tex. Water Code Sec. 11.340. ABATEMENT OF CERTAIN CIVIL SUITS.

  171. Tex. Water Code Sec. 11.341. LIMITATION ON ACTIONS. This subchapter does not affect any action or proceeding instituted before August 28, 1967, or any right accrued before that date except those specifically provided for in this subchapter.

  172. Tex. Water Code Sec. 11.401. SCOPE OF SUBCHAPTER. The provisions of this subchapter apply to a suit if:

  173. Tex. Water Code Sec. 11.402. APPOINTMENT AND AUTHORITY OF WATERMASTER.

  174. Tex. Water Code Sec. 11.403. COMPENSATION OF WATERMASTER. The court shall fix the compensation of the watermaster and his staff.

  175. Tex. Water Code Sec. 11.404. EXPENSES AND ASSESSMENT OF COSTS OF WATERMASTER.

  176. Tex. Water Code Sec. 11.405. FAILURE TO PAY ASSESSED COSTS. If the costs and expenses assessed are not paid within the time prescribed by the court, the court after notice and hearing may withdraw or limit allocations of water to any party failing or refusing to pay his share until all costs and expenses assessed against him are paid in full.

  177. Tex. Water Code Sec. 11.406. JUDICIAL CUSTODY OF WATER DURING APPEAL. If a party appeals the judgment of the trial court, that court may retain custody of the water which it has previously taken into judicial custody and over which it has appointed a watermaster. Until final judgment is entered in the case, the trial court has exclusive jurisdiction to administer, allocate, and distribute the water retained in its custody, as provided in Section 11.407 of this code.

  178. Tex. Water Code Sec. 11.407. ALLOCATION AND DISTRIBUTION OF WATER DURING APPEAL. During the pendency of an appeal, the trial court shall limit the allocation and distribution of the water in its custody to the parties adjudicated to have a valid right to use the water. However, if any party prosecutes an appeal and files a supersedeas bond, the trial court shall make any necessary adjustments in the water allocations and allocate to that party the same amount of water that he received during the proceedings in the trial court.

  179. Tex. Water Code Sec. 11.408. RETENTION OF WATERMASTER DURING APPEAL. During the pendency of an appeal, the trial court may retain the watermaster in office with the same authority he had during the trial proceedings.

  180. Tex. Water Code Sec. 11.409. VIOLATIONS OF COURT ORDERS. If a party violates any order of the trial court either during trial proceedings or during an appeal, the trial court may limit or withdraw his allocation of water until he corrects the violation to the satisfaction of the court.

  181. Tex. Water Code Sec. 11.451. COMMISSION AUTHORITY. On petition of 25 or more holders of water rights in a river basin or segment of a river basin or on its own motion the commission may authorize the executive director to appoint a watermaster for a river basin or segment of a river basin if the commission finds that the rights of senior water rights holders in the basin or segment of the basin are threatened.

  182. Tex. Water Code Sec. 11.452. PROCEDURE FOR DETERMINATION.

  183. Tex. Water Code Sec. 11.453. APPOINTMENT OF WATERMASTER.

  184. Tex. Water Code Sec. 11.4531. WATERMASTER ADVISORY COMMITTEE.

  185. Tex. Water Code Sec. 11.454. DUTIES AND AUTHORITY OF THE WATERMASTER. Section 11.327 applies to the duties and authority of a watermaster appointed for a river basin or segment of a river basin under this subchapter in the same manner as that section applies to the duties and authority of a watermaster appointed for a water division under Subchapter G.

  186. Tex. Water Code Sec. 11.455. COMPENSATION AND EXPENSES OF WATERMASTER.

  187. Tex. Water Code Sec. 11.456. MAINTAINING CURRENT STATUS.

  188. Tex. Water Code Sec. 11.457. ASSISTANCE TO WATERMASTER. The executive director shall provide the watermaster with such staff and facilities as are necessary to carry out this subchapter.

  189. Tex. Water Code Sec. 11.458. APPLICATION OF SUBCHAPTER. This subchapter shall not apply to any river basin or segment of a river basin in which a watermaster has been appointed pursuant to Subchapter G or H of this chapter.

  190. Tex. Water Code Sec. 11.501. TITLE OF ACT. This Act shall be known and may be cited as the "Wetlands Act."

  191. Tex. Water Code Sec. 11.502. DEFINITION.

  192. Tex. Water Code Sec. 11.503. APPLICABILITY TO MAN-MADE WETLANDS. Section 11.502(4)(C) applies only to man-made wetlands, the construction or creation of which commences on or after the effective date of this Act.

  193. Tex. Water Code Sec. 11.504. APPLICABILITY TO CERTAIN MINING-RELATED ACTIVITIES. This Act shall not apply to surface mining and reclamation.

  194. Tex. Water Code Sec. 11.505. APPLICABILITY TO STATE REVOLVING LOAN FUND PROGRAM. This Act shall not apply to the state revolving loan fund program.

  195. Tex. Water Code Sec. 11.506. CONFLICT BETWEEN STATE AND FEDERAL LAW. If the state definition conflicts with the federal definition in any manner, the federal definition prevails.

  196. Tex. Water Code Sec. 11.551. DEFINITIONS. In this subchapter:

  197. Tex. Water Code Sec. 11.552. CONCHO RIVER WATERMASTER PROGRAM. The Concho River Watermaster Program is established to ensure compliance with water rights in the area described by Section 11.553.

  198. Tex. Water Code Sec. 11.553. JURISDICTION OF WATERMASTER. The geographical and jurisdictional boundaries of a watermaster acting under this subchapter shall be the Concho River segment of the Colorado River Basin that includes the Concho River and all of its tributaries, downstream on the main stem of the Concho River to a point on the Concho River prior to reaching, and upstream of the O. H. Ivie Reservoir located at and including the diversion point of Certificate of Adjudication No. 14-1393 (River Order No. 4954450000) in Concho County.

  199. Tex. Water Code Sec. 11.554. WATERMASTER; APPOINTMENT OF DEPUTY WATERMASTER.

  200. Tex. Water Code Sec. 11.555. DUTIES AND AUTHORITY OF WATERMASTER. The watermaster has the same duties and authority under the Concho River Watermaster Program as the watermaster has under the South Texas Watermaster Program.

  201. Tex. Water Code Sec. 11.556. APPOINTMENT OF NONVOTING MEMBER OF SOUTH TEXAS WATERMASTER ADVISORY COMMITTEE.

  202. Tex. Water Code Sec. 11.557. CONCHO RIVER WATERMASTER ADVISORY COMMITTEE.

  203. Tex. Water Code Sec. 11.558. FEES. Fees assessed under the Concho River Watermaster Program shall be of the same type and rate as those assessed under the South Texas Watermaster Program but may be adjusted as necessary to pay all expenses of the Concho River Watermaster Program. All costs of the Concho River Watermaster Program shall be assessed solely upon the water right holders subject to the Concho River Watermaster Program.

  204. Tex. Water Code Sec. 11.559. REFERENDUM.

  205. Tex. Water Code Sec. 11.560. COLORADO RIVER BASIN WATERMASTER PROGRAM. If a watermaster program is established for the entire Colorado River Basin, the Concho River Watermaster Program is discontinued, and the area described by Section 11.553 is under the jurisdiction of the watermaster for the Colorado River Basin Watermaster Program.

  206. Tex. Water Code Sec. 11.561. APPLICABILITY OF OTHER LAW AND COMMISSION RULES. A provision of this code or a rule adopted by the commission that relates to watermasters and does not conflict with the provisions of this subchapter applies to the program established under this subchapter.

Chapter 12

  1. Tex. Water Code Sec. 12.001. DEFINITIONS. The definitions contained in Subchapter A, Chapter 11 of this code apply to this chapter.

  2. Tex. Water Code Sec. 12.011. PERMIT APPLICATIONS. The commission shall receive, administer, and act on all applications for permits and permit amendments:

  3. Tex. Water Code Sec. 12.012. EVALUATION OF OUTSTANDING PERMITS. The commission shall actively and continually evaluate outstanding permits and certified filings and shall carry out measures to cancel wholly or partially the certified filings and permits that are subject to cancellation.

  4. Tex. Water Code Sec. 12.013. RATE-FIXING POWER.

  5. Tex. Water Code Sec. 12.014. USE OF COMMISSION SURVEYS; POLICY. The commission shall make use of surveys, studies, and investigations conducted by the staff of the commission in order to ascertain the character of the principal requirements of the district regional division of the watershed areas of the state for beneficial uses of water, to the end that distribution of the right to take and use state water may be more equitably administered in the public interest, that privileges granted for recognized uses may be economically coordinated so as to achieve the maximum of public value from the state's water resources, and that the distinct regional necessities for water control and conservation and for control of harmful floods may be recognized.

  6. Tex. Water Code Sec. 12.015. POWER TO CONDEMN WORKS.

  7. Tex. Water Code Sec. 12.016. POWER TO INSPECT. The executive director or his authorized agent may inspect any impoundment, diversion, or distribution works during construction to determine whether or not they are being constructed in a safe manner and whether or not they are being constructed according to the order of the commission.

  8. Tex. Water Code Sec. 12.017. POWER TO ENTER LAND. Any member or employee of the commission may enter any person's land, natural waterway, or artificial waterway for the purpose of making an investigation that would, in the judgment of the executive director, assist the commission in the discharge of its duties.

  9. Tex. Water Code Sec. 12.051. FEDERAL PROJECTS.

  10. Tex. Water Code Sec. 12.052. DAM SAFETY.

  11. Tex. Water Code Sec. 12.053. INVENTORY OF DAMS OPERATED BY RIVER AUTHORITIES.

  12. Tex. Water Code Sec. 12.081. CONTINUING RIGHT OF SUPERVISION OF DISTRICTS AND AUTHORITIES CREATED UNDER ARTICLE III, SECTION 52 AND ARTICLE XVI, SECTION 59 OF THE TEXAS CONSTITUTION.

  13. Tex. Water Code Sec. 12.082. DUTY TO INVESTIGATE FRESH WATER SUPPLY DISTRICT PROJECTS.

  14. Tex. Water Code Sec. 12.083. DISTRICTS; CREATION, INVESTIGATIONS AND BONDS.

  15. Tex. Water Code Sec. 12.112. FEES: EXEMPTIONS.

  16. Tex. Water Code Sec. 12.113. DISPOSITION OF FEES, ETC.

  17. Tex. Water Code Sec. 12.114. DISPOSITION OF FEES PENDING DETERMINATION. The commission shall hold all fees, except filing fees, which are paid with an application until the commission finally determines whether the application should be granted. If the application is not granted, the commission shall return the fees to the applicant.

Chapter 13

  1. Tex. Water Code Sec. 13.001. LEGISLATIVE POLICY AND PURPOSE.

  2. Tex. Water Code Sec. 13.002. DEFINITIONS. In this chapter:

  3. Tex. Water Code Sec. 13.003. APPLICABILITY OF ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT. Chapter 2001, Government Code applies to all proceedings under this chapter except to the extent inconsistent with this chapter.

  4. Tex. Water Code Sec. 13.004. JURISDICTION OF UTILITY COMMISSION OVER CERTAIN WATER SUPPLY OR SEWER SERVICE CORPORATIONS.

  5. Tex. Water Code Sec. 13.011. EMPLOYEES.

  6. Tex. Water Code Sec. 13.014. ATTORNEY GENERAL TO REPRESENT COMMISSION OR UTILITY COMMISSION. The attorney general shall represent the commission or the utility commission under this chapter in all matters before the state courts and any court of the United States.

  7. Tex. Water Code Sec. 13.015. INFORMAL PROCEEDING. A proceeding involving a retail public utility as defined by Section 13.002 of this code may be an informal proceeding, except that the proceeding is subject to the public notice requirements of this chapter and the rules and orders of the regulatory authority involved.

  8. Tex. Water Code Sec. 13.016. RECORD OF PROCEEDINGS; RIGHT TO HEARING. A record shall be kept of all proceedings before the regulatory authority, unless all parties waive the keeping of the record, and all the parties are entitled to be heard in person or by attorney.

  9. Tex. Water Code Sec. 13.017. OFFICE OF PUBLIC UTILITY COUNSEL; POWERS AND DUTIES.

  10. Tex. Water Code Sec. 13.041. GENERAL POWERS OF UTILITY COMMISSION AND COMMISSION; RULES; HEARINGS.

  11. Tex. Water Code Sec. 13.042. JURISDICTION OF MUNICIPALITY; ORIGINAL AND APPELLATE JURISDICTION OF UTILITY COMMISSION.

  12. Tex. Water Code Sec. 13.0421. RATES CHARGED BY CERTAIN MUNICIPALLY OWNED UTILITIES.

  13. Tex. Water Code Sec. 13.043. APPELLATE JURISDICTION.

  14. Tex. Water Code Sec. 13.0431. APPEALS BY RETAIL PUBLIC UTILITIES.

  15. Tex. Water Code Sec. 13.044. RATES CHARGED BY MUNICIPALITY TO CERTAIN SPECIAL DISTRICTS.

  16. Tex. Water Code Sec. 13.0441. FEES CHARGED BY MUNICIPALITY TO PUBLIC SCHOOL DISTRICTS.

  17. Tex. Water Code Sec. 13.045. NOTIFICATION REGARDING USE OF REVENUE. At least annually and before any rate increase, a municipality shall notify in writing each water and sewer retail customer of any service or capital expenditure not water or sewer related funded in whole or in part by customer revenue.

  18. Tex. Water Code Sec. 13.046. TEMPORARY RATES FOR SERVICES PROVIDED FOR NONFUNCTIONING SYSTEM; SANCTIONS FOR NONCOMPLIANCE.

  19. Tex. Water Code Sec. 13.081. FRANCHISES. This chapter may not be construed as in any way limiting the rights and powers of a municipality to grant or refuse franchises to use the streets and alleys within its limits and to make the statutory charges for their use, but no provision of any franchise agreement may limit or interfere with any power conferred on the utility commission by this chapter. If a municipality performs regulatory functions under this chapter, it may make such other charges as may be provided in the applicable franchise agreement, together with any other charges permitted by this chapter.

  20. Tex. Water Code Sec. 13.082. LOCAL UTILITY SERVICE; EXEMPT AND NONEXEMPT AREAS.

  21. Tex. Water Code Sec. 13.083. RATE DETERMINATION. A municipality regulating its water and sewer utilities under this chapter shall require from those utilities all necessary data to make a reasonable determination of rate base, expenses, investment, and rate of return within the municipal boundaries. The standards for this determination shall be based on the procedures and requirements of this chapter, and the municipality shall retain any personnel necessary to make the determination of reasonable rates required under this chapter.

  22. Tex. Water Code Sec. 13.084. AUTHORITY OF GOVERNING BODY; COST REIMBURSEMENT. The governing body of any municipality or the commissioners court of an affected county shall have the right to select and engage rate consultants, accountants, auditors, attorneys, engineers, or any combination of these experts to conduct investigations, present evidence, advise and represent the governing body, and assist with litigation on water and sewer utility ratemaking proceedings. The water and sewer utility engaged in those proceedings shall be required to reimburse the governing body or the commissioners court for the reasonable costs of those services and shall be allowed to recover those expenses through its rates with interest during the period of recovery.

  23. Tex. Water Code Sec. 13.085. ASSISTANCE BY UTILITY COMMISSION. On request, the utility commission may advise and assist municipalities and affected counties in connection with questions and proceedings arising under this chapter. This assistance may include aid to municipalities or an affected county in connection with matters pending before the utility commission, the courts, the governing body of any municipality, or the commissioners court of an affected county, including making members of the staff available to them as witnesses and otherwise providing evidence.

  24. Tex. Water Code Sec. 13.086. FAIR WHOLESALE RATES FOR WHOLESALE WATER SALES TO A WATER DISTRICT.

  25. Tex. Water Code Sec. 13.087. MUNICIPAL RATES FOR CERTAIN RECREATIONAL VEHICLE PARKS.

  26. Tex. Water Code Sec. 13.088. MUNICIPAL FEES FOR PUBLIC SCHOOL DISTRICTS. A municipally owned utility that provides retail water or sewer utility service to a public school district may not charge the district a fee based on the number of district students or employees in addition to the rates the utility charges the district for the service.

  27. Tex. Water Code Sec. 13.131. RECORDS OF UTILITY; RATES, METHODS, AND ACCOUNTS.

  28. Tex. Water Code Sec. 13.132. POWERS OF UTILITY COMMISSION.

  29. Tex. Water Code Sec. 13.1325. ELECTRONIC COPIES OF RATE INFORMATION. On request, the utility commission shall provide, at a reasonable cost, electronic copies of or Internet access to all information provided to the utility commission under Sections 13.016 and 13.043 and Subchapter F to the extent that the information is available and is not confidential. Copies of all information provided to the utility commission shall be provided to the Office of Public Utility Counsel, on request, at no cost to the office.

  30. Tex. Water Code Sec. 13.133. INSPECTIONS; EXAMINATION UNDER OATH; COMPELLING PRODUCTION OF RECORDS; INQUIRY INTO MANAGEMENT AND AFFAIRS.

  31. Tex. Water Code Sec. 13.134. REPORT OF ADVERTISING OR PUBLIC RELATIONS EXPENSES.

  32. Tex. Water Code Sec. 13.135. UNLAWFUL RATES, RULES, AND REGULATIONS. A utility may not charge, collect, or receive any rate for utility service or impose any rule or regulation other than as provided in this chapter.

  33. Tex. Water Code Sec. 13.136. FILING TARIFFS OF RATES, RULES, AND REGULATIONS; ANNUAL FINANCIAL REPORT.

  34. Tex. Water Code Sec. 13.137. OFFICE AND OTHER BUSINESS LOCATIONS OF UTILITY; RECORDS; REMOVAL FROM STATE.

  35. Tex. Water Code Sec. 13.138. COMMUNICATIONS BY UTILITIES WITH REGULATORY AUTHORITY; REGULATIONS AND RECORDS. The regulatory authority may prescribe regulations governing communications by utilities and their affiliates and their representatives with the regulatory authority or any member or employee of the regulatory authority.

  36. Tex. Water Code Sec. 13.139. STANDARDS OF SERVICE.

  37. Tex. Water Code Sec. 13.1394. STANDARDS OF EMERGENCY OPERATIONS.

  38. Tex. Water Code Sec. 13.1395. STANDARDS OF EMERGENCY OPERATIONS IN CERTAIN COUNTIES.

  39. Tex. Water Code Sec. 13.1396. COORDINATION OF EMERGENCY OPERATIONS.

  40. Tex. Water Code Sec. 13.140. EXAMINATION AND TEST OF EQUIPMENT.

  41. Tex. Water Code Sec. 13.141. BILLING FOR SERVICE TO STATE. A utility, utility owned by an affected county, or municipally owned utility may not bill or otherwise require the state or a state agency or institution to pay for service before the service is rendered.

  42. Tex. Water Code Sec. 13.142. TIME OF PAYMENT OF UTILITY BILLS BY STATE.

  43. Tex. Water Code Sec. 13.143. VOLUNTARY CONTRIBUTIONS.

  44. Tex. Water Code Sec. 13.144. NOTICE OF WHOLESALE WATER SUPPLY CONTRACT. A district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, a retail public utility, a wholesale water service, or other person providing a retail public utility with a wholesale water supply shall provide the utility commission and the commission with a certified copy of any wholesale water supply contract with a retail public utility within 30 days after the date of the execution of the contract. The submission must include the amount of water being supplied, term of the contract, consideration being given for the water, purpose of use, location of use, source of supply, point of delivery, limitations on the reuse of water, a disclosure of any affiliated interest between the parties to the contract, and any other condition or agreement relating to the contract.

  45. Tex. Water Code Sec. 13.146. WATER CONSERVATION PLAN. The commission shall require a retail public utility that provides potable water service to 3,300 or more connections to:

  46. Tex. Water Code Sec. 13.1461. CORRECTIONAL FACILITY COMPLIANCE WITH CONSERVATION MEASURES.

  47. Tex. Water Code Sec. 13.147. CONSOLIDATED BILLING AND COLLECTION CONTRACTS.

  48. Tex. Water Code Sec. 13.148. WATER SHORTAGE REPORT.

  49. Tex. Water Code Sec. 13.149. NOTIFICATION OF WATER LOSS.

  50. Tex. Water Code Sec. 13.150. REPORTS REQUIRED FOR WATER AND SEWER UTILITIES.

  51. Tex. Water Code Sec. 13.151. BILLING FOR SERVICES PROVIDED DURING EXTREME WEATHER EMERGENCY.

  52. Tex. Water Code Sec. 13.152. BILLING FOR RECREATIONAL VEHICLE PARKS.

  53. Tex. Water Code Sec. 13.153. INITIATION, TRANSFER, OR TERMINATION OF SERVICE. A retail public utility may initiate, transfer, or terminate a customer's retail water or sewer service on receipt of a customer request by mail, by telephone, through an Internet website, or through another electronic transmission.

  54. Tex. Water Code Sec. 13.181. POWER TO ENSURE COMPLIANCE; RATE REGULATION.

  55. Tex. Water Code Sec. 13.182. JUST AND REASONABLE RATES.

  56. Tex. Water Code Sec. 13.183. FIXING OVERALL REVENUES.

  57. Tex. Water Code Sec. 13.1831. TEST YEAR. A regulatory authority shall fix rates for water and sewer services for a Class A, B, C, or D utility based on a test year the utility selects that:

  58. Tex. Water Code Sec. 13.184. FAIR RETURN; BURDEN OF PROOF.

  59. Tex. Water Code Sec. 13.185. COMPONENTS OF INVESTED CAPITAL AND NET INCOME.

  60. Tex. Water Code Sec. 13.186. UNREASONABLE OR VIOLATIVE EXISTING RATES; INVESTIGATING COSTS OF OBTAINING SERVICE FROM ANOTHER SOURCE.

  61. Tex. Water Code Sec. 13.1861. RATES CHARGED STATE. The rates that a utility or municipally owned utility charges the state or a state agency or institution may not include an amount representing a gross receipts assessment, regulatory assessment, or other similar expense. A regulatory authority may adopt reasonable rules specifying similar expenses to be excluded.

  62. Tex. Water Code Sec. 13.187. CLASS A UTILITIES: STATEMENT OF INTENT TO CHANGE RATES; HEARING; DETERMINATION OF RATE LEVEL.

  63. Tex. Water Code Sec. 13.1871. CLASS B UTILITIES: STATEMENT OF INTENT TO CHANGE RATES; HEARING; DETERMINATION OF RATE LEVEL.

  64. Tex. Water Code Sec. 13.18715. CLASS C UTILITIES: STATEMENT OF INTENT TO CHANGE RATES; HEARING; DETERMINATION OF RATE LEVEL.

  65. Tex. Water Code Sec. 13.1872. CLASS D UTILITIES: RATE ADJUSTMENT.

  66. Tex. Water Code Sec. 13.1873. APPLICATION RULES. In adopting rules relating to the information required in an application for a Class B, Class C, or Class D utility to change rates, the utility commission shall ensure that a:

  67. Tex. Water Code Sec. 13.188. ADJUSTMENT FOR CHANGE IN ENERGY COSTS.

  68. Tex. Water Code Sec. 13.189. UNREASONABLE PREFERENCE OR PREJUDICE AS TO RATES OR SERVICES.

  69. Tex. Water Code Sec. 13.190. EQUALITY OF RATES AND SERVICES.

  70. Tex. Water Code Sec. 13.191. DISCRIMINATION; RESTRICTION ON COMPETITION. A water and sewer utility may not discriminate against any person or corporation that sells or leases equipment or performs services in competition with the utility, and a utility may not engage in any other practice that tends to restrict or impair that competition.

  71. Tex. Water Code Sec. 13.192. PAYMENTS IN LIEU OF TAXES. Payments made in lieu of taxes by a water and sewer utility to the municipality by which it is owned may not be considered an expense of operation for the purpose of determining, fixing, or regulating the rates to be charged for the provision of utility service to a school district or hospital district. No rates received by a utility from a school district or hospital district may be used to make or to cover the cost of making payments in lieu of taxes to the municipality by which the utility is owned.

  72. Tex. Water Code Sec. 13.241. GRANTING CERTIFICATES.

  73. Tex. Water Code Sec. 13.242. CERTIFICATE REQUIRED.

  74. Tex. Water Code Sec. 13.243. EXCEPTIONS FOR EXTENSION OF SERVICE. A retail public utility is not required to secure a certificate of public convenience and necessity for:

  75. Tex. Water Code Sec. 13.244. APPLICATION; MAPS AND OTHER INFORMATION; EVIDENCE AND CONSENT.

  76. Tex. Water Code Sec. 13.245. MUNICIPAL BOUNDARIES OR EXTRATERRITORIAL JURISDICTION OF CERTAIN MUNICIPALITIES.

  77. Tex. Water Code Sec. 13.2451. EXTENSION BEYOND EXTRATERRITORIAL JURISDICTION.

  78. Tex. Water Code Sec. 13.246. NOTICE AND HEARING; ISSUANCE OR REFUSAL; FACTORS CONSIDERED.

  79. Tex. Water Code Sec. 13.247. AREA WITHIN MUNICIPALITY.

  80. Tex. Water Code Sec. 13.2475. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE SEWER SERVICE IN CERTAIN MUNICIPALITIES.

  81. Tex. Water Code Sec. 13.248. CONTRACTS VALID AND ENFORCEABLE. Contracts between retail public utilities designating areas to be served and customers to be served by those retail public utilities, when approved by the utility commission after public notice and hearing, are valid and enforceable and are incorporated into the appropriate areas of public convenience and necessity.

  82. Tex. Water Code Sec. 13.250. CONTINUOUS AND ADEQUATE SERVICE; DISCONTINUANCE, REDUCTION, OR IMPAIRMENT OF SERVICE.

  83. Tex. Water Code Sec. 13.2501. CONDITIONS REQUIRING REFUSAL OF SERVICE. The holder of a certificate of public convenience and necessity shall refuse to serve a customer within its certified area if the holder of the certificate is prohibited from providing the service under Section 212.012 or 232.0047, Local Government Code.

  84. Tex. Water Code Sec. 13.2502. SERVICE EXTENSIONS BY WATER SUPPLY AND SEWER SERVICE CORPORATION OR SPECIAL UTILITY DISTRICT.

  85. Tex. Water Code Sec. 13.251. SALE, ASSIGNMENT, OR LEASE OF CERTIFICATE. Except as provided by Section 13.255, a utility or a water supply or sewer service corporation may not sell, assign, or lease a certificate of public convenience and necessity or any right obtained under a certificate unless the utility commission has determined that the purchaser, assignee, or lessee is capable of rendering adequate and continuous service to every consumer within the certified area, after considering the factors under Section 13.246(c). The sale, assignment, or lease shall be on the conditions prescribed by the utility commission.

  86. Tex. Water Code Sec. 13.252. INTERFERENCE WITH OTHER RETAIL PUBLIC UTILITY. If a retail public utility in constructing or extending a line, plant, or system interferes or attempts to interfere with the operation of a line, plant, or system of any other retail public utility, or furnishes, makes available, renders, or extends retail water or sewer utility service to any portion of the service area of another retail public utility that has been granted or is not required to possess a certificate of public convenience and necessity, the utility commission may issue an order prohibiting the construction, extension, or provision of service or prescribing terms and conditions for locating the line, plant, or system affected or for the provision of the service.

  87. Tex. Water Code Sec. 13.253. IMPROVEMENTS IN SERVICE; INTERCONNECTING SERVICE.

  88. Tex. Water Code Sec. 13.254. DECERTIFICATION INITIATED BY UTILITY COMMISSION OR UTILITY; EXPEDITED RELEASE INITIATED BY LANDOWNER.

  89. Tex. Water Code Sec. 13.2541. STREAMLINED EXPEDITED RELEASE INITIATED BY LANDOWNER.

  90. Tex. Water Code Sec. 13.255. SINGLE CERTIFICATION IN INCORPORATED OR ANNEXED AREAS.

  91. Tex. Water Code Sec. 13.2551. COMPLETION OF DECERTIFICATION.

  92. Tex. Water Code Sec. 13.256. COUNTY FEE.

  93. Tex. Water Code Sec. 13.257. NOTICE TO PURCHASERS.

  94. Tex. Water Code Sec. 13.258. UTILITY'S APPLICATION FOR AMENDMENT AND USE OF MUNICIPAL UTILITY DISTRICT'S CERTIFICATE UNDER CONTRACT.

  95. Tex. Water Code Sec. 13.301. REPORT OF SALE, MERGER, ETC.; INVESTIGATION; DISALLOWANCE OF TRANSACTION.

  96. Tex. Water Code Sec. 13.3011. INITIAL RATES FOR CERTAIN WATER OR SEWER SYSTEMS AFTER PURCHASE OR ACQUISITION.

  97. Tex. Water Code Sec. 13.302. PURCHASE OF VOTING STOCK IN ANOTHER PUBLIC UTILITY: REPORT.

  98. Tex. Water Code Sec. 13.3021. SALES, TRANSFERS, AND MERGERS FOR CERTAIN RETAIL PUBLIC UTILITIES.

  99. Tex. Water Code Sec. 13.303. LOANS TO STOCKHOLDERS: REPORT. A utility may not loan money, stocks, bonds, notes, or other evidences of indebtedness to any corporation or person owning or holding directly or indirectly any stock of the utility unless the utility reports the transaction to the utility commission within 60 days after the date of the transaction.

  100. Tex. Water Code Sec. 13.304. FORECLOSURE REPORT.

  101. Tex. Water Code Sec. 13.305. VOLUNTARY VALUATION OF ACQUIRED UTILITY OR FACILITIES.

  102. Tex. Water Code Sec. 13.341. JURISDICTION OVER AFFILIATED INTERESTS. The utility commission has jurisdiction over affiliated interests having transactions with utilities under the jurisdiction of the utility commission to the extent of access to all accounts and records of those affiliated interests relating to such transactions, including but in no way limited to accounts and records of joint or general expenses, any portion of which may be applicable to those transactions.

  103. Tex. Water Code Sec. 13.342. DISCLOSURE OF SUBSTANTIAL INTEREST IN VOTING SECURITIES. The utility commission may require the disclosure of the identity and respective interests of every owner of any substantial interest in the voting securities of any utility or its affiliated interest. One percent or more is a substantial interest within the meaning of this section.

  104. Tex. Water Code Sec. 13.343. WHOLESALE WATER CONTRACTS BETWEEN CERTAIN AFFILIATES.

  105. Tex. Water Code Sec. 13.381. RIGHT TO JUDICIAL REVIEW; EVIDENCE. Any party to a proceeding before the utility commission or the commission is entitled to judicial review under the substantial evidence rule.

  106. Tex. Water Code Sec. 13.382. COSTS AND ATTORNEY'S FEES.

  107. Tex. Water Code Sec. 13.411. ACTION TO ENJOIN OR REQUIRE COMPLIANCE.

  108. Tex. Water Code Sec. 13.4115. ACTION TO REQUIRE ADJUSTMENT TO CONSUMER CHARGE; PENALTY. In regard to a customer complaint arising out of a charge made by a public utility, if the utility commission finds that the utility has failed to make the proper adjustment to the customer's bill after the conclusion of the complaint process established by the utility commission, the utility commission may issue an order requiring the utility to make the adjustment. Failure to comply with the order within 30 days of receiving the order is a violation for which the utility commission may impose an administrative penalty under Section 13.4151.

  109. Tex. Water Code Sec. 13.412. RECEIVERSHIP.

  110. Tex. Water Code Sec. 13.413. PAYMENT OF COSTS OF RECEIVERSHIP. The receiver may, subject to the approval of the court and after giving notice to all interested parties, sell or otherwise dispose of all or part of the real or personal property of a water or sewer utility against which a proceeding has been brought under this subchapter to pay the costs incurred in the operation of the receivership. The costs include:

  111. Tex. Water Code Sec. 13.4131. SUPERVISION OF CERTAIN UTILITIES.

  112. Tex. Water Code Sec. 13.4132. OPERATION OF UTILITY THAT DISCONTINUES OPERATION OR IS REFERRED FOR APPOINTMENT OF RECEIVER.

  113. Tex. Water Code Sec. 13.4133. EMERGENCY RATE INCREASE IN CERTAIN CIRCUMSTANCES.

  114. Tex. Water Code Sec. 13.414. PENALTY AGAINST RETAIL PUBLIC UTILITY OR AFFILIATED INTEREST.

  115. Tex. Water Code Sec. 13.415. PERSONAL PENALTY. Any person who wilfully and knowingly violates this chapter is guilty of a third degree felony.

  116. Tex. Water Code Sec. 13.4151. ADMINISTRATIVE PENALTY.

  117. Tex. Water Code Sec. 13.416. PENALTIES CUMULATIVE. All penalties accruing under this chapter are cumulative and a suit for the recovery of any penalty does not bar or affect the recovery of any other penalty or bar any criminal prosecution against any retail public utility or any officer, director, agent, or employee or any other corporation or person.

  118. Tex. Water Code Sec. 13.417. CONTEMPT PROCEEDINGS. If any person or retail public utility fails to comply with any lawful order of the utility commission or the commission or with any subpoena or subpoena duces tecum or if any witness refuses to testify about any matter on which he may be lawfully interrogated, the utility commission or the commission may apply to any court of competent jurisdiction to compel obedience by proceedings for contempt.

  119. Tex. Water Code Sec. 13.418. DISPOSITION OF FINES AND PENALTIES; WATER UTILITY IMPROVEMENT ACCOUNT.

  120. Tex. Water Code Sec. 13.419. VENUE. Suits for injunction or penalties under this chapter may be brought in Travis County, in any county where this violation is alleged to have occurred, or in the county or residence of any defendant.

  121. Tex. Water Code Sec. 13.451. ISSUANCE OF EMERGENCY ORDER.

  122. Tex. Water Code Sec. 13.452. APPLICATION FOR EMERGENCY ORDER. A person other than the utility commission or the staff of the utility commission who desires the issuance of an emergency order under this subchapter must submit a sworn written application to the utility commission. The application must:

  123. Tex. Water Code Sec. 13.453. NOTICE OF ISSUANCE. Notice of the issuance of an emergency order must be provided as required by utility commission rule.

  124. Tex. Water Code Sec. 13.454. HEARING TO AFFIRM, MODIFY, OR SET ASIDE ORDER.

  125. Tex. Water Code Sec. 13.455. TERM OF ORDER. An emergency order issued under this subchapter must be limited to a reasonable time as specified in the order. Except as otherwise provided by this chapter, the term of an emergency order may not exceed 180 days. An emergency order may be renewed once for a period not to exceed 180 days.

  126. Tex. Water Code Sec. 13.501. DEFINITIONS. In this subchapter:

  127. Tex. Water Code Sec. 13.502. SUBMETERING.

  128. Tex. Water Code Sec. 13.503. SUBMETERING RULES.

  129. Tex. Water Code Sec. 13.5031. NONSUBMETERING RULES.

  130. Tex. Water Code Sec. 13.504. IMPROPER RENTAL RATE INCREASE. If, during the 90-day period preceding the installation of individual meters or submeters, an owner, operator, or manager of an apartment house, manufactured home rental community, or other multiple use facility has increased rental rates and the increase is attributable to increased costs of utilities, the owner, operator, or manager shall immediately reduce the rental rate by the amount of the increase and refund all of the increase that has previously been collected within the 90-day period.

  131. Tex. Water Code Sec. 13.505. RESTITUTION.

  132. Tex. Water Code Sec. 13.5051. SIMPLIFIED COMPLAINT PROCESS.

  133. Tex. Water Code Sec. 13.506. PLUMBING FIXTURES.

  134. Tex. Water Code Sec. 13.511. DEFINITIONS. In this subchapter:

  135. Tex. Water Code Sec. 13.512. AUTHORITY TO ENTER INTO PRIVATIZATION CONTRACTS. Any eligible city is authorized to enter into privatization contracts if such action is recommended by the board of utility trustees and authorized by the governing body of the eligible city pursuant to an ordinance. Any privatization contract entered into prior to the effective date of this Act is validated, ratified, and approved. Each eligible city shall file a copy of its privatization contract with the utility commission, for information purposes only, within 60 days of execution or the effective date of this Act, whichever is later.

  136. Tex. Water Code Sec. 13.513. ELECTION BY ELIGIBLE CITY TO EXEMPT SERVICE PROVIDER FROM UTILITY COMMISSION JURISDICTION. A service provider shall not constitute a "water and sewer utility," a "public utility," a "utility," or a "retail public utility" within the meaning of this chapter as a result of entering into or performing a privatization contract, if the governing body of the eligible city shall so elect by ordinance and provide notice thereof in writing to the utility commission; provided, however, this provision shall not affect the application of this chapter to an eligible city itself. Notwithstanding anything contained in this section, any service provider who seeks to extend or render sewer service to any person or municipality other than, or in addition to, an eligible city may be a "public utility" for the purposes of this chapter with respect to such other person or municipality.

  137. Tex. Water Code Sec. 13.514. TERM AND PROVISIONS OF A PRIVATIZATION CONTRACT. A privatization contract may be for a term and contain provisions that the governing body of an eligible city determines are in the best interests of the eligible city, including provisions relating to allocation of liabilities, indemnification, and purchase of all or a portion of the facilities.

  138. Tex. Water Code Sec. 13.515. PAYMENTS UNDER A PRIVATIZATION CONTRACT. Payments by an eligible city under a privatization contract shall, if so provided, constitute an operating expense of the eligible city's sanitary sewer system or combined waterworks and sanitary sewer system, except that any payment for purchase of the facilities is payable from a pledge and lien on the net revenues of the eligible city's sanitary sewer system or combined waterworks and sanitary sewer system.

Chapter 15

  1. Tex. Water Code Sec. 15.001. DEFINITIONS. In this chapter:

  2. Tex. Water Code Sec. 15.002. PURPOSE.

  3. Tex. Water Code Sec. 15.003. POWER TO DEFINE PURPOSES. The board, by rule, may define in greater detail the purposes enumerated in Section 15.002.

  4. Tex. Water Code Sec. 15.004. TRANSBASIN DIVERSION. Money on deposit in a fund created under Article III, Section 49-d-3, of the Texas Constitution shall not be used to finance or in aid of any project under this chapter that contemplates or results in the removal from the basin of origin of any surface water necessary to supply the reasonably foreseeable future water requirements for the next ensuing 50-year period within the river basin of origin, except on a temporary, interim basis.

  5. Tex. Water Code Sec. 15.005. CONSIDERATION OF CERTAIN APPLICATIONS.

  6. Tex. Water Code Sec. 15.006. OPEN MEETINGS AND OPEN RECORDS LAWS. Nonprofit water supply corporations which receive any assistance under this chapter are subject to Chapter 551, Government Code, and to Chapter 552, Government Code.

  7. Tex. Water Code Sec. 15.007. CONSIDERATIONS FOR CERTAIN FINANCIAL ASSISTANCE.

  8. Tex. Water Code Sec. 15.008. GRANT STANDARDS. The law regarding uniform grant and contract management, Chapter 783, Government Code, does not apply to a contract under Subchapter B, C, F, H, I, K, P, or R.

  9. Tex. Water Code Sec. 15.009. TEXAS WATER FUND ADVISORY COMMITTEE.

  10. Tex. Water Code Sec. 15.011. WATER ASSISTANCE FUND.

  11. Tex. Water Code Sec. 15.012. MANAGEMENT OF FUND.

  12. Tex. Water Code Sec. 15.101. WATER LOAN ASSISTANCE FUND.

  13. Tex. Water Code Sec. 15.102. FINANCIAL ASSISTANCE.

  14. Tex. Water Code Sec. 15.103. APPLICATION FOR ASSISTANCE.

  15. Tex. Water Code Sec. 15.104. FINDINGS REGARDING PERMITS.

  16. Tex. Water Code Sec. 15.105. CONSIDERATIONS IN PASSING ON APPLICATION.

  17. Tex. Water Code Sec. 15.106. APPROVAL OF APPLICATION.

  18. Tex. Water Code Sec. 15.107. METHOD OF MAKING FINANCIAL ASSISTANCE AVAILABLE.

  19. Tex. Water Code Sec. 15.1071. SALE OF POLITICAL SUBDIVISION BONDS TO TEXAS WATER RESOURCES FINANCE AUTHORITY.

  20. Tex. Water Code Sec. 15.109. DELIVERY OF LOANS OF FINANCIAL ASSISTANCE.

  21. Tex. Water Code Sec. 15.110. REQUIREMENTS FOR POLITICAL SUBDIVISIONS AND FEDERAL AGENCIES.

  22. Tex. Water Code Sec. 15.111. APPROVAL AND REGISTRATION. The board shall not contract for the payment of the principal of or interest on or both the principal of and interest on any bonds or other obligations that have not been approved by the attorney general and registered by the comptroller.

  23. Tex. Water Code Sec. 15.112. CONTRACTS INCONTESTABLE. Contracts entered into by the board for the payment of the principal of or interest on or both the principal of and interest on bonds or other obligations issued by a political subdivision are valid, binding, and incontestable after:

  24. Tex. Water Code Sec. 15.113. INSPECTION OF PROJECTS.

  25. Tex. Water Code Sec. 15.114. ALTERATION OF PLANS. After approval of engineering plans, a political subdivision or federal agency shall not make any substantial or material alteration in the plans unless the executive administrator authorizes the alteration. For a waste water treatment plant or other facility required to have commission approval of plans and specifications, the commission must give its approval before a substantial or material alteration is made in those plans.

  26. Tex. Water Code Sec. 15.115. CERTIFICATE OF APPROVAL. The executive administrator may consider the following as grounds for refusal to give a certificate of approval for any construction contract:

  27. Tex. Water Code Sec. 15.116. SALE OF BONDS BY THE BOARD. The board may sell or dispose of bonds or other obligations purchased with money in the water loan assistance fund.

  28. Tex. Water Code Sec. 15.151. DEFINITION. In this subchapter, "fund" means the new water supply for Texas fund.

  29. Tex. Water Code Sec. 15.152. FUND.

  30. Tex. Water Code Sec. 15.153. USE OF FUND.

  31. Tex. Water Code Sec. 15.154. FINANCIAL ASSISTANCE.

  32. Tex. Water Code Sec. 15.201. DEFINITIONS.

  33. Tex. Water Code Sec. 15.202. CREATION AND ADMINISTRATION OF PROGRAM.

  34. Tex. Water Code Sec. 15.203. ELIGIBLE BONDS.

  35. Tex. Water Code Sec. 15.204. RULES. The board shall adopt necessary rules to carry out this subchapter.

  36. Tex. Water Code Sec. 15.205. INSURANCE. The board may pledge the general credit of the state, to the extent authorized by Article III, Section 49-d-4, of the Texas Constitution, to insure the payment of the principal of or interest on or both the principal of and interest on eligible bonds issued by an issuer in the event of default or impending default of the insured bonds.

  37. Tex. Water Code Sec. 15.206. APPLICATION FOR INSURANCE.

  38. Tex. Water Code Sec. 15.207. CONSIDERATIONS IN PASSING ON APPLICATION. In addition to criteria established in its rules, the board in passing on an application shall consider:

  39. Tex. Water Code Sec. 15.208. APPROVAL OF APPLICATION.

  40. Tex. Water Code Sec. 15.209. CONTRACTS, AGREEMENTS, AND OTHER DOCUMENTS.

  41. Tex. Water Code Sec. 15.210. LIMITATION ON INSURANCE COVERAGE.

  42. Tex. Water Code Sec. 15.211. INSURANCE FEES.

  43. Tex. Water Code Sec. 15.212. PAYMENT BY STATE.

  44. Tex. Water Code Sec. 15.213. REFUNDING BONDS. Without the express written consent of the board, insurance provided by the board under this subchapter shall not extend to refunding bonds issued to replace bonds that have been insured by the board. The board may give its consent under procedures provided by its rules.

  45. Tex. Water Code Sec. 15.214. INSPECTION OF PROJECTS.

  46. Tex. Water Code Sec. 15.215. ALTERATION OF PLANS. After approval of engineering plans, a political subdivision or water supply corporation may not make any substantial or material alteration in the plans unless the executive administrator authorizes the alteration.

  47. Tex. Water Code Sec. 15.216. CERTIFICATE OF APPROVAL. The board may consider the following as grounds for refusal to give a certificate of approval for any construction contract:

  48. Tex. Water Code Sec. 15.217. OPEN RECORDS AND OPEN MEETINGS LAWS. Water supply corporations receiving any assistance under this Act are subject to Chapter 552, Government Code, and Chapter 551, Government Code.

  49. Tex. Water Code Sec. 15.301. FUND CREATED. There is created a fund in the state treasury to be known as the storage acquisition fund which is to be funded by direct appropriations and by transfers from the fund at the discretion of the board.

  50. Tex. Water Code Sec. 15.302. AUTHORIZED PROJECTS.

  51. Tex. Water Code Sec. 15.303. JOINT VENTURES. The board may act singly or in a joint venture in partnership with any political subdivision, with the United States, or with any other state to the extent permitted by law.

  52. Tex. Water Code Sec. 15.304. PERMITS REQUIRED. Except as provided by Section 15.3041 of this code, the board shall obtain permits from the commission for the storage, transportation, and application to beneficial use of water in reservoirs and associated works constructed by the board.

  53. Tex. Water Code Sec. 15.3041. RESERVATION AND APPROPRIATION FOR BAYS AND ESTUARIES AND INSTREAM USES.

  54. Tex. Water Code Sec. 15.305. STORING WATER. The board may use any reservoir acquired, leased, constructed, reconstructed, developed, or enlarged by it under this chapter to store unappropriated state water and other water acquired by the state.

  55. Tex. Water Code Sec. 15.306. BOARD FINDINGS. Before the board may acquire storage facilities in any reservoir, the board shall find affirmatively that:

  56. Tex. Water Code Sec. 15.307. FACILITIES WANTED BY POLITICAL SUBDIVISION. The board shall not acquire any facility to the extent that the board finds that the political subdivision:

  57. Tex. Water Code Sec. 15.308. CONTRACTS: GENERAL AUTHORITY.

  58. Tex. Water Code Sec. 15.309. SPECIFIC CONTRACTS AUTHORIZED. Contracts authorized by Section 15.308 of this code include but are not limited to the following:

  59. Tex. Water Code Sec. 15.310. CONTRACTS: FACILITIES ACQUIRED FOR A TERM OF YEARS. If facilities are acquired for a term of years, the board may include in the contract provisions for renewal that will protect the state's investment.

  60. Tex. Water Code Sec. 15.311. MAINTENANCE CONTRACTS. The board may execute contracts for the operation and maintenance of the state's interest in any project and may agree to pay reasonable operation and maintenance charges allocable to the state interest.

  61. Tex. Water Code Sec. 15.312. RECREATIONAL FACILITIES. The board may execute contracts with the United States and with state agencies and political subdivisions and with others to the extent authorized for the development and operation of recreational facilities at any project in which the state has acquired an interest. Income received by the board under these contracts shall be deposited in the water assistance fund.

  62. Tex. Water Code Sec. 15.313. BOARD MAY SELL OR LEASE PROJECTS.

  63. Tex. Water Code Sec. 15.314. PERMIT REQUIRED. Before the board grants the application to buy, receive, or lease the facilities, the applicant shall first secure a permit for water use from the commission. If the facilities are to be leased, the permit may be for a term of years.

  64. Tex. Water Code Sec. 15.315. CONTRACT MUST BE NEGOTIATED. The commission may issue a term permit until the applicant has executed a contract with the board for acquisition of the facilities.

  65. Tex. Water Code Sec. 15.316. RESERVOIR LAND. The board may lease acquired reservoir land until construction of the dam is completed without the necessity of a permit issued by the commission.

  66. Tex. Water Code Sec. 15.317. PRICE OF SALE.

  67. Tex. Water Code Sec. 15.318. PRICE OF SALE: FACILITIES ACQUIRED UNDER CONTRACTS WITH THE UNITED STATES.

  68. Tex. Water Code Sec. 15.319. COSTS DEFINED. With reference to the sale of a state facility, "direct cost of acquisition" means the principal amount the board has paid plus the amounts the board has agreed to pay under obligations not transferred to the purchaser for a facility up to the date of sale, but does not include the board's cost of operating and maintaining the facility from the date of acquisition to the date of the sale or transfer of the facility.

  69. Tex. Water Code Sec. 15.320. LEASE PAYMENTS. In leasing a state facility for a term of years, the board shall require annual payments not less than the total of:

  70. Tex. Water Code Sec. 15.321. SALE OR LEASE: CONDITION PRECEDENT.

  71. Tex. Water Code Sec. 15.322. DISPOSITION OF PROCEEDS.

  72. Tex. Water Code Sec. 15.323. SALE OF STORED WATER.

  73. Tex. Water Code Sec. 15.324. SALE CONTRACT: PROVISIONS, LIMITATIONS.

  74. Tex. Water Code Sec. 15.325. EMERGENCY RELEASES OF WATER.

  75. Tex. Water Code Sec. 15.326. PREFERENCES. The board shall give political subdivisions a preferential right, but not an exclusive right, to purchase, acquire, or lease facilities and to purchase water from facilities. Preferences shall be given in these respects in accord with the provisions of Section 11.123 of this code. The board and the commission shall coordinate their efforts to meet these objectives and to assure that the public water of this state, which is held in trust for the use and benefit of the public, will be conserved, developed, and utilized in the greatest practicable measure for the public welfare.

  76. Tex. Water Code Sec. 15.327. LEASE OF LAND PRIOR TO PROJECT CONSTRUCTION. The board may lease tracts of land acquired for project purposes for a term of years for any purpose not inconsistent with ultimate project construction. The lease shall provide for expiration before initiation of project construction. The money received from such leases shall be placed in the water assistance fund.

  77. Tex. Water Code Sec. 15.328. LEASE CONTRIBUTION EQUIVALENT TO TAXES. The lease may provide for contribution by the lessee to units of local government of amounts equivalent to ad valorem taxes or special assessments.

  78. Tex. Water Code Sec. 15.329. INSPECTION OF PROJECTS.

  79. Tex. Water Code Sec. 15.330. ALTERATION OF PLANS. After approval of engineering plans, a political subdivision shall not make any substantial or material alteration in the plans unless the executive administrator authorizes the alteration. For a waste water treatment plant or other facility required to have commission approval of the plans and specifications, the commission must give its approval before a substantial or material alteration is made in those plans.

  80. Tex. Water Code Sec. 15.331. CERTIFICATE OF APPROVAL. The executive administrator may consider the following as grounds for refusal to give a certificate of approval for any construction contract:

  81. Tex. Water Code Sec. 15.401. PROGRAM CREATION. The research and planning program is created to provide money for research into and planning of the proper conservation, management, and development of the state's water resources, for regional planning by political subdivisions, for facility engineering in economically distressed areas, and for flood control planning by political subdivisions. The program may also provide money for research and planning by Texas political subdivisions related to the proper conservation, management, and development of water resources of areas outside Texas if such research or planning will result in water being available for use in or for the benefit of Texas or will maintain and enhance the quality of water in Texas.

  82. Tex. Water Code Sec. 15.402. RESEARCH AND PLANNING FUND. The research and planning fund is created in the state treasury to be funded by direct appropriation and at the discretion of the board from the money in the fund.

  83. Tex. Water Code Sec. 15.403. RULES. The board shall adopt rules to carry out this chapter.

  84. Tex. Water Code Sec. 15.404. RESEARCH CONTRACTS.

  85. Tex. Water Code Sec. 15.405. FLOOD CONTROL PLANNING CONTRACTS.

  86. Tex. Water Code Sec. 15.406. REGIONAL FACILITY PLANNING.

  87. Tex. Water Code Sec. 15.4061. FUNDING FOR REGIONAL WATER PLANS.

  88. Tex. Water Code Sec. 15.4063. ENVIRONMENTAL FLOWS FUNDING. The board may authorize the use of money in the research and planning fund:

  89. Tex. Water Code Sec. 15.407. FACILITY ENGINEERING IN ECONOMICALLY DISTRESSED AREAS.

  90. Tex. Water Code Sec. 15.431. DEFINITIONS. In this subchapter:

  91. Tex. Water Code Sec. 15.432. FUND.

  92. Tex. Water Code Sec. 15.433. MANAGEMENT AND INVESTMENT OF FUND.

  93. Tex. Water Code Sec. 15.434. USE OF FUND; PAYMENTS TO AND FROM OTHER FUNDS OR ACCOUNTS.

  94. Tex. Water Code Sec. 15.435. BOND ENHANCEMENT AGREEMENTS.

  95. Tex. Water Code Sec. 15.437. PRIORITIZATION OF PROJECTS BY BOARD.

  96. Tex. Water Code Sec. 15.439. RULES.

  97. Tex. Water Code Sec. 15.440. REPORTING AND TRANSPARENCY REQUIREMENTS.

  98. Tex. Water Code Sec. 15.441. POLICIES AND PROCEDURES TO MITIGATE OR MINIMIZE ADVERSE EFFECTS OF CERTAIN FEDERAL LAWS. The board shall adopt, and may amend from time to time at the board's discretion, policies and procedures for the purpose of mitigating or minimizing the adverse effects, if any, of federal laws and regulations relating to income taxes, arbitrage, rebates, and related matters that may restrict the board's ability to freely invest all or part of the fund or to receive and retain all the earnings from the fund.

  99. Tex. Water Code Sec. 15.471. DEFINITION. In this subchapter, "fund" means the state water implementation revenue fund for Texas.

  100. Tex. Water Code Sec. 15.472. FUND.

  101. Tex. Water Code Sec. 15.473. MANAGEMENT AND INVESTMENT OF FUND.

  102. Tex. Water Code Sec. 15.474. USE OF FUND.

  103. Tex. Water Code Sec. 15.475. ISSUANCE OF REVENUE BONDS.

  104. Tex. Water Code Sec. 15.476. SUBCHAPTER CUMULATIVE OF OTHER LAWS.

  105. Tex. Water Code Sec. 15.501. DEFINITION. In this subchapter, "fund" means the Texas water fund.

  106. Tex. Water Code Sec. 15.502. FUND.

  107. Tex. Water Code Sec. 15.503. MANAGEMENT AND INVESTMENT OF FUND.

  108. Tex. Water Code Sec. 15.504. USE OF FUND.

  109. Tex. Water Code Sec. 15.505. TRANSFER OF MONEY.

  110. Tex. Water Code Sec. 15.507. RULES.

  111. Tex. Water Code Sec. 15.508. ADMINISTRATIVE FUND.

  112. Tex. Water Code Sec. 15.531. DEFINITIONS. In this subchapter:

  113. Tex. Water Code Sec. 15.532. FINDINGS. The legislature finds that:

  114. Tex. Water Code Sec. 15.533. FLOOD INFRASTRUCTURE FUND.

  115. Tex. Water Code Sec. 15.534. USE OF INFRASTRUCTURE FUND.

  116. Tex. Water Code Sec. 15.535. APPLICATION REQUIREMENTS.

  117. Tex. Water Code Sec. 15.536. APPROVAL OF APPLICATIONS. On review and recommendation by the executive administrator, the board may approve an application only if the board finds that:

  118. Tex. Water Code Sec. 15.537. RULES. The board shall adopt rules necessary to carry out this subchapter, including rules:

  119. Tex. Water Code Sec. 15.538. INFORMATION CLEARINGHOUSE. The board shall act as a clearinghouse for information about state and federal flood planning, mitigation, and control programs that may serve as a source of funding for flood projects.

  120. Tex. Water Code Sec. 15.539. LIABILITY. Participation in cooperative flood planning to obtain money under this subchapter does not subject the state or an eligible political subdivision to civil liability in regard to a flood project.

  121. Tex. Water Code Sec. 15.601. CREATION OF FUND.

  122. Tex. Water Code Sec. 15.602. DEFINITIONS. In this subchapter:

  123. Tex. Water Code Sec. 15.603. CREATION AND ADMINISTRATION OF PROGRAM.

  124. Tex. Water Code Sec. 15.604. FINANCIAL ASSISTANCE UNDER THE REVOLVING FUND.

  125. Tex. Water Code Sec. 15.6041. FINANCIAL ASSISTANCE UNDER THE SAFE DRINKING WATER REVOLVING FUND.

  126. Tex. Water Code Sec. 15.6042. CROSS-COLLATERALIZATION OF FUNDS.

  127. Tex. Water Code Sec. 15.605. RULES. The board shall adopt necessary rules to carry out this subchapter.

  128. Tex. Water Code Sec. 15.606. LENDING RATE. The board shall determine and provide for the lending rates to be charged on loans from the revolving fund.

  129. Tex. Water Code Sec. 15.607. APPROVAL OF APPLICATION. On review of recommendations by the executive administrator, the board by resolution may approve an application if the board finds that in its opinion the revenue or taxes or both revenue and taxes pledged by the applicant will be sufficient to meet all the obligations assumed by the applicant and that the application and assistance applied for meet the requirements of the federal act and state law, including Section 16.4021.

  130. Tex. Water Code Sec. 15.608. APPROVAL AND REGISTRATION. The board may not buy or refinance any bonds or securities or guarantee or purchase insurance for bonds or securities of political subdivisions that have not been approved by the attorney general and registered by the comptroller.

  131. Tex. Water Code Sec. 15.609. RECOVERY OF ADMINISTRATIVE COSTS.

  132. Tex. Water Code Sec. 15.610. LINKED DEPOSIT. A linked deposit is a deposit governed by a written deposit agreement between the board and an eligible lending institution that provides that:

  133. Tex. Water Code Sec. 15.611. LINKED DEPOSIT PROGRAM.

  134. Tex. Water Code Sec. 15.612. APPLICATION BY ELIGIBLE LENDING INSTITUTIONS TO PARTICIPATE IN LINKED DEPOSIT PROGRAM. To participate in the nonpoint source pollution control linked deposit program, an eligible lending institution must:

  135. Tex. Water Code Sec. 15.613. CERTIFICATION OF PROJECT.

  136. Tex. Water Code Sec. 15.614. APPROVAL OR REJECTION OF APPLICATION. The board may approve or reject an application of an eligible lending institution to participate in the program. The board may delegate its authority to approve or reject an application to the executive administrator.

  137. Tex. Water Code Sec. 15.615. DEPOSIT AGREEMENT. If the board approves an application of an eligible lending institution, the board and the eligible lending institution shall enter into a written deposit agreement. The agreement shall contain the conditions on which the linked deposit is made. On execution of the agreement, the board shall place a linked deposit from the revolving fund with the eligible lending institution in accordance with the agreement. A delay in payment or a default on a loan by an applicant does not affect the validity of the deposit agreement.

  138. Tex. Water Code Sec. 15.616. COMPLIANCE.

  139. Tex. Water Code Sec. 15.617. STATE LIABILITY PROHIBITED. The state is not liable to an eligible lending institution for payment of the principal, interest, or any late charges on a loan made to an approved applicant. A linked deposit is not an extension of the state's credit within the meaning of any state constitutional prohibition.

  140. Tex. Water Code Sec. 15.618. LIMITATIONS ON PROGRAM.

  141. Tex. Water Code Sec. 15.701. DEFINITIONS. In this subchapter:

  142. Tex. Water Code Sec. 15.702. CREATION OF BANK. The Texas Water Development Board shall establish the Texas Water Bank. The board shall administer the water bank to facilitate water transactions to provide sources of adequate water supplies for use within the State of Texas.

  143. Tex. Water Code Sec. 15.703. OPERATION OF THE BANK; RULES.

  144. Tex. Water Code Sec. 15.7031. TEXAS WATER TRUST.

  145. Tex. Water Code Sec. 15.704. TRANSFERS AND CONDITIONS.

  146. Tex. Water Code Sec. 15.705. FEES.

  147. Tex. Water Code Sec. 15.706. REPORTS. The commission and the board shall provide ready access by the other agency through manual or computer capabilities to all water rights permits, final water rights decisions, applications, amendments, contracts, computerized files, computer programs, and other information related to water rights and to the operation of the water bank. The commission shall provide the board with all notices of proposed water rights actions.

  148. Tex. Water Code Sec. 15.707. WATER BANK ACCOUNT.

  149. Tex. Water Code Sec. 15.708. OTHER TRANSFERS. Nothing in this subchapter shall prevent the sale or purchase of water or water rights by or through persons or entities outside of the water bank or the creation and operation of water banks by other persons to the extent allowed by law.

  150. Tex. Water Code Sec. 15.731. DEFINITIONS. In this subchapter:

  151. Tex. Water Code Sec. 15.732. PLUMBING LOAN FUND.

  152. Tex. Water Code Sec. 15.733. ADMINISTRATION AND OPERATION OF FUND.

  153. Tex. Water Code Sec. 15.734. USE OF FUND. The board may use money in the fund, unless prohibited by an agreement made with a federal agency under this subchapter, to:

  154. Tex. Water Code Sec. 15.735. APPLICATION SUBMISSION AND APPROVAL.

  155. Tex. Water Code Sec. 15.736. POLITICAL SUBDIVISION PLUMBING IMPROVEMENT LOAN PROGRAM ADMINISTRATION; PLUMBING ASSISTANCE LOAN REPAYMENT.

  156. Tex. Water Code Sec. 15.737. RULES. The board may adopt rules necessary to carry out this subchapter.

  157. Tex. Water Code Sec. 15.801. DEFINITIONS. In this subchapter:

  158. Tex. Water Code Sec. 15.802. HYDROGRAPHIC SURVEY ACCOUNT. The hydrographic survey account is created as a special account in the water assistance fund and is composed of:

  159. Tex. Water Code Sec. 15.803. USE OF ACCOUNT. Money in the account may be used only to pay the costs of surveys, the costs of insurance for watercraft and capital equipment, and the costs of capital equipment and personnel necessary to administer the program.

  160. Tex. Water Code Sec. 15.804. HYDROGRAPHIC SURVEYS.

  161. Tex. Water Code Sec. 15.805. RULES. The board may adopt any rules reasonably necessary to administer the program.

  162. Tex. Water Code Sec. 15.851. DEFINITIONS. In this subchapter:

  163. Tex. Water Code Sec. 15.852. CREATION OF FUND.

  164. Tex. Water Code Sec. 15.853. USE OF FUND.

  165. Tex. Water Code Sec. 15.854. RULES. The board shall adopt rules necessary to administer this subchapter, including rules establishing procedures for application for and award of grants, distribution of grants, and administration of grants and the grant program established under this subchapter.

  166. Tex. Water Code Sec. 15.901. DEFINITIONS. In this subchapter:

  167. Tex. Water Code Sec. 15.902. DISADVANTAGED RURAL COMMUNITY WATER AND WASTEWATER FINANCIAL ASSISTANCE FUND.

  168. Tex. Water Code Sec. 15.903. FINANCIAL ASSISTANCE.

  169. Tex. Water Code Sec. 15.904. USE OF SALES TAX AS LOAN SECURITY.

  170. Tex. Water Code Sec. 15.905. REVIEW AND APPROVAL OF LOAN AGREEMENT BY ATTORNEY GENERAL.

  171. Tex. Water Code Sec. 15.906. REGISTRATION. On receipt of the documents required by Section 15.905(b), the comptroller shall register the record of the proceedings relating to the execution of a loan agreement.

  172. Tex. Water Code Sec. 15.907. VALIDITY AND INCONTESTABILITY. On approval by the attorney general and registration by the comptroller, the loan agreement, the promissory note, a contract providing revenue or security, and any other obligation evidencing the debt are incontestable in a court and are valid, binding, and enforceable according to their terms.

  173. Tex. Water Code Sec. 15.909. RULES. The board shall adopt necessary rules to administer this subchapter, including rules establishing procedures for application for and award of loans or grants.

  174. Tex. Water Code Sec. 15.910. APPLICATION FOR ASSISTANCE.

  175. Tex. Water Code Sec. 15.911. FINDINGS REGARDING PERMITS.

  176. Tex. Water Code Sec. 15.912. CONSIDERATIONS IN ACTING ON APPLICATION.

  177. Tex. Water Code Sec. 15.913. APPROVAL OF APPLICATION. The board by resolution may approve an application for a loan or grant if, after considering the factors listed in Section 15.912 and any other relevant factors, the board finds that:

  178. Tex. Water Code Sec. 15.914. CONSTRUCTION CONTRACT REQUIREMENTS. A political subdivision or water supply corporation receiving financial assistance under this subchapter shall require in all contracts for the construction of a project that:

  179. Tex. Water Code Sec. 15.915. FILING CONSTRUCTION CONTRACT. The political subdivision or water supply corporation shall file with the board a certified copy of each construction contract it enters into for the construction of all or part of a project. Each contract must contain or have attached to it the specifications, plans, and details of all work included in the contract.

  180. Tex. Water Code Sec. 15.916. INSPECTION OF PROJECTS.

  181. Tex. Water Code Sec. 15.917. ALTERATION OF PLANS. After the executive administrator approves the engineering plans, a political subdivision or water supply corporation may not make any substantial or material alteration in the plans unless the executive administrator authorizes the alteration. The executive administrator shall review and approve or disapprove plans and specifications for all sewage collection, treatment, and disposal systems for which financial assistance is provided from the fund in a manner that will satisfy commission requirements for design criteria and permit conditions that apply to construction activities.

  182. Tex. Water Code Sec. 15.918. CERTIFICATE OF APPROVAL. The executive administrator may consider the following as grounds for refusal to give a certificate of approval for any construction contract:

  183. Tex. Water Code Sec. 15.920. AUTHORITY OF POLITICAL SUBDIVISIONS OR WATER SUPPLY CORPORATIONS. Political subdivisions or water supply corporations that receive financial assistance from the fund are granted all necessary authority to enter into grant agreements or loan agreements and issue promissory notes in connection with the financial assistance granted under this subchapter.

  184. Tex. Water Code Sec. 15.951. DEFINITIONS. In this subchapter:

  185. Tex. Water Code Sec. 15.952. CREATION OF ACCOUNT.

  186. Tex. Water Code Sec. 15.953. USE OF ACCOUNT.

  187. Tex. Water Code Sec. 15.954. ELIGIBLE POLITICAL SUBDIVISIONS AND NONPROFIT ORGANIZATIONS. To be eligible to receive a grant under the program, a political subdivision or a nonprofit organization must:

  188. Tex. Water Code Sec. 15.955. GRANT APPLICATION. An eligible political subdivision or nonprofit organization must apply to the board for a grant under the program before incurring any expense associated with a self-help project described by Section 15.953(a). The application must include:

  189. Tex. Water Code Sec. 15.956. BOARD CONSIDERATIONS IN EVALUATING GRANT APPLICATION. In evaluating an application for a grant under the program, the board shall consider:

  190. Tex. Water Code Sec. 15.957. ACTION ON GRANT APPLICATION.

  191. Tex. Water Code Sec. 15.958. RULES. The board shall adopt rules necessary to administer the program established under this subchapter.

  192. Tex. Water Code Sec. 15.971. DEFINITIONS. In this subchapter:

  193. Tex. Water Code Sec. 15.972. FINDINGS. The legislature finds that:

  194. Tex. Water Code Sec. 15.973. WATER INFRASTRUCTURE FUND.

  195. Tex. Water Code Sec. 15.974. USE OF WATER INFRASTRUCTURE FUND.

  196. Tex. Water Code Sec. 15.975. APPROVAL OF APPLICATIONS.

  197. Tex. Water Code Sec. 15.9751. PRIORITY FOR WATER CONSERVATION. The board shall give priority to applications for funds for the implementation of water supply projects in the state water plan by entities that:

  198. Tex. Water Code Sec. 15.976. APPLICABLE LAW. Subchapter E, Chapter 17, applies to financial assistance made available from the fund, except that the board may also execute contracts as necessary to evidence grant agreements.

  199. Tex. Water Code Sec. 15.977. RULES. The board shall adopt rules necessary to carry out this subchapter, including rules establishing procedures for application for and for the award of financial assistance, for the investment of funds, and for the administration of the fund.

  200. Tex. Water Code Sec. 15.978. SALE OF POLITICAL SUBDIVISION BONDS.

  201. Tex. Water Code Sec. 15.979. FUNDING FOR LOCAL ECONOMIC DEVELOPMENT.

  202. Tex. Water Code Sec. 15.980. AUTHORITY TO ESTABLISH ECONOMIC DEVELOPMENT PROGRAMS.

  203. Tex. Water Code Sec. 15.981. CERTAIN OBLIGATIONS RESTRICTED. An eligible political subdivision may not sell or incur obligations to fund an economic development program established under authority granted by Section 15.980 that are payable in whole or in part from ad valorem taxes unless the residents of the political subdivision, voting at an election held for the purpose, approve the issuance of obligations to fund an economic development program for the provision of loans or grants to persons to construct projects that will conserve and develop the water resources of the political subdivision for the ultimate benefit of the public and assist in developing and diversifying the local economy.

  204. Tex. Water Code Sec. 15.991. PURPOSE. The legislature finds that the rural areas of the state, characterized by small populations extended over disproportionately large service areas, require a means of financing water and water quality enhancement projects in addition to those established by other provisions of this chapter.

  205. Tex. Water Code Sec. 15.992. DEFINITIONS. In this subchapter:

  206. Tex. Water Code Sec. 15.993. FUND. The rural water assistance fund is a special fund in the state treasury. The fund consists of:

  207. Tex. Water Code Sec. 15.994. USE OF FUND.

  208. Tex. Water Code Sec. 15.995. FINANCIAL ASSISTANCE IN GENERAL.

  209. Tex. Water Code Sec. 15.996. LOANS TO NONPROFIT WATER SUPPLY OR SEWER SERVICE CORPORATIONS.

Chapter 16

  1. Tex. Water Code Sec. 16.001. DEFINITIONS. In this chapter:

  2. Tex. Water Code Sec. 16.002. OPEN MEETINGS AND OPEN RECORDS LAWS. Nonprofit water supply corporations which receive any assistance under this chapter are subject to Chapter 551, Government Code, and to Chapter 552, Government Code.

  3. Tex. Water Code Sec. 16.011. GENERAL RESPONSIBILITIES OF THE EXECUTIVE ADMINISTRATOR. The executive administrator shall determine the responsibilities of each administrative division of the board and its staff in carrying out the authority, duties, and functions provided in this code.

  4. Tex. Water Code Sec. 16.012. STUDIES, INVESTIGATIONS, SURVEYS.

  5. Tex. Water Code Sec. 16.0121. WATER AUDITS.

  6. Tex. Water Code Sec. 16.0122. WATER AUDIT VALIDATION BY CERTAIN MUNICIPALLY OWNED UTILITIES.

  7. Tex. Water Code Sec. 16.0123. INTERIM STUDY OF INCORPORATION OF WASTEWATER PLANNING INTO STATE WATER PLANNING PROCESS.

  8. Tex. Water Code Sec. 16.013. ENGINEERING, HYDROLOGIC, AND GEOLOGIC FUNCTIONS. The executive administrator shall advise and assist the board and the commission with regard to engineering, hydrologic, and geologic matters concerning the water resources of the state. The executive administrator shall evaluate, prepare, and publish engineering, hydrologic, and geologic data, information, and reports relating to the water resources of the state.

  9. Tex. Water Code Sec. 16.014. SILT LOAD OF STREAMS, ETC. The executive administrator shall determine the silt load of streams, make investigations and studies of the duty of water, and make surveys to determine the water needs of the distinct regional divisions of the watershed areas of the state.

  10. Tex. Water Code Sec. 16.015. STUDIES OF UNDERGROUND WATER SUPPLY. The executive administrator may make studies and investigations of the physical characteristics of water-bearing formations and of the sources, occurrence, quantity, and quality of the underground water supply of the state and may study and investigate feasible methods to conserve, preserve, improve, and supplement this supply. The work shall first be undertaken in areas where, in the judgment of the board, the greatest need exists, and in determining the need, the board shall consider all beneficial uses essential to the general welfare of the state. Water-bearing formations may be explored by coring or other mechanical or electrical means when the area to be investigated has more than a local influence on water resources.

  11. Tex. Water Code Sec. 16.016. POLLUTION OF RED RIVER TRIBUTARIES. Within the limits of available money and facilities, the executive administrator shall study salt springs, gypsum beds, and other sources of natural pollution of the tributaries of the Red River and shall study means of eliminating this natural pollution and preventing it from reaching the Red River.

  12. Tex. Water Code Sec. 16.017. TOPOGRAPHIC AND GEOLOGIC MAPPING.

  13. Tex. Water Code Sec. 16.018. SOIL RESOURCE PLANNING. The executive administrator may contract with the State Soil Conservation Board for joint investigation and research in the field of soil resource planning. The State Soil Conservation Board may appoint a representative to advise and work with the executive administrator.

  14. Tex. Water Code Sec. 16.019. COOPERATIVE AGREEMENTS. With the approval of the board, the executive administrator may negotiate and execute contracts with persons or with federal, state, or local agencies for joint or cooperative studies and investigations of the occurrence, quantity, and quality of the surface water and groundwater of the state; the topographical mapping of the state; and the collection, processing, and analysis of other basic data relating to the development of the water resources of the state and for the administration and performance of these contracts.

  15. Tex. Water Code Sec. 16.020. MASTER PLANS OF DISTRICTS, ETC. The executive director shall review and analyze master plans and other reports of conservation districts, river authorities, and state agencies and shall make its recommendations to the commission in all cases where approval of the commission is required by law or is requested by a district, authority, or agency.

  16. Tex. Water Code Sec. 16.021. TEXAS GEOGRAPHIC INFORMATION OFFICE.

  17. Tex. Water Code Sec. 16.023. STRATEGIC MAPPING ACCOUNT.

  18. Tex. Water Code Sec. 16.024. FINANCIAL ASSISTANCE FOR DIGITAL, GEOSPATIAL INFORMATION PROJECTS.

  19. Tex. Water Code Sec. 16.025. REPORTING OF FEDERAL MONEY USED FOR FLOOD RESEARCH, PLANNING, AND MITIGATION PROJECTS. The board shall maintain and make available on the board's Internet website a publicly accessible database of the information submitted under Section 2061.002, Government Code.

  20. Tex. Water Code Sec. 16.026. STATEWIDE WATER PUBLIC AWARENESS PROGRAM.

  21. Tex. Water Code Sec. 16.027. STATEWIDE WATER PUBLIC AWARENESS ACCOUNT.

  22. Tex. Water Code Sec. 16.028. TEXMESONET HYDROMETEOROLOGY NETWORK; TEXMESONET ADVISORY COMMITTEE.

  23. Tex. Water Code Sec. 16.051. STATE WATER PLAN: DROUGHT, CONSERVATION, DEVELOPMENT, AND MANAGEMENT; EFFECT OF PLAN.

  24. Tex. Water Code Sec. 16.052. INTERREGIONAL PLANNING COUNCIL.

  25. Tex. Water Code Sec. 16.053. REGIONAL WATER PLANS.

  26. Tex. Water Code Sec. 16.054. LOCAL WATER PLANNING.

  27. Tex. Water Code Sec. 16.055. DROUGHT RESPONSE PLAN.

  28. Tex. Water Code Sec. 16.0551. STATE DROUGHT PREPAREDNESS PLAN.

  29. Tex. Water Code Sec. 16.056. FEDERAL ASSISTANCE IN FINANCING REGIONAL WATER PLANS. The executive administrator may take all necessary action to qualify for federal assistance in financing the development and improvement of the regional water plans.

  30. Tex. Water Code Sec. 16.058. COLLECTION OF BAYS AND ESTUARIES DATA; CONDUCT OF STUDIES.

  31. Tex. Water Code Sec. 16.059. COLLECTION OF INSTREAM FLOW DATA; CONDUCT OF STUDIES.

  32. Tex. Water Code Sec. 16.060. DESALINATION STUDIES AND RESEARCH.

  33. Tex. Water Code Sec. 16.061. STATE FLOOD PLAN.

  34. Tex. Water Code Sec. 16.062. REGIONAL FLOOD PLANNING.

  35. Tex. Water Code Sec. 16.091. DESIGNATION OF BOARD. The board is designated as the state agency to cooperate with the Corps of Engineers of the United States Army and the Bureau of Reclamation of the United States Department of the Interior in the planning of water resource development projects in this state.

  36. Tex. Water Code Sec. 16.092. LOCAL SPONSORS FOR PROJECTS.

  37. Tex. Water Code Sec. 16.093. PARTICIPATION IN FEDERAL PROGRAMS.

  38. Tex. Water Code Sec. 16.131. AUTHORIZED PROJECTS FOR STATE PARTICIPATION ACCOUNT.

  39. Tex. Water Code Sec. 16.1311. PRIORITY FOR WATER CONSERVATION. The board shall give priority to applications for funds for implementation of water supply projects in the state water plan by entities that:

  40. Tex. Water Code Sec. 16.132. JOINT VENTURES. The board may act singly or in a joint venture in partnership with any person or entity, including any agency or political subdivision of this state, or with another state or its political subdivisions, or with the United States, or with a foreign nation, to the extent permitted by law.

  41. Tex. Water Code Sec. 16.133. PERMITS REQUIRED. Except as provided by Section 16.1331 of this code, the board shall obtain permits from the commission for the storage, transportation, and application to beneficial use of water in reservoirs and associated works constructed by the board.

  42. Tex. Water Code Sec. 16.1331. RESERVATION AND APPROPRIATION FOR BAYS AND ESTUARIES AND INSTREAM USES.

  43. Tex. Water Code Sec. 16.134. STORING WATER. The board may use any reservoir acquired, leased, constructed, reconstructed, developed, or enlarged by it under this chapter to store unappropriated state water and other water acquired by the state.

  44. Tex. Water Code Sec. 16.1341. PAYMENT FOR RELEASES AND PASS-THROUGHS FROM STATE RESERVOIRS.

  45. Tex. Water Code Sec. 16.135. BOARD FINDINGS. Before the board may acquire a facility or interest in a facility, the board shall find affirmatively that:

  46. Tex. Water Code Sec. 16.1351. RECREATIONAL ACCESS. If the board is acquiring an interest in a storage facility, it must also find affirmatively that the applicant has a plan to provide adequate public recreational access areas to suitable recreational resources.

  47. Tex. Water Code Sec. 16.136. FACILITIES WANTED BY POLITICAL SUBDIVISION. The board may acquire all or part of any authorized facility to the extent that the board finds that the political subdivision:

  48. Tex. Water Code Sec. 16.137. CONTRACTS: GENERAL AUTHORITY.

  49. Tex. Water Code Sec. 16.138. SPECIFIC CONTRACTS AUTHORIZED. Contracts authorized by Section 16.137 of this code shall include but are not limited to the following:

  50. Tex. Water Code Sec. 16.139. CONTRACTS: FACILITIES ACQUIRED FOR A TERM OF YEARS. If facilities are acquired for a term of years, the board may include in the contract provisions for renewal that will protect the state's investment.

  51. Tex. Water Code Sec. 16.140. MAINTENANCE CONTRACTS. The board may execute contracts for the operation and maintenance of the state's interest in any project and may agree to pay reasonable operation and maintenance charges allocable to the state interest.

  52. Tex. Water Code Sec. 16.141. RECREATIONAL FACILITIES. The board may execute contracts with the United States and with state agencies and political subdivisions and with others to the extent authorized for the development and operation of recreational facilities at any project in which the state has acquired an interest. Income received by the board under these contracts may be used for the same purposes as income from the sale of water. The legislature may appropriate money for the development and operation of recreational facilities at projects in which the state has acquired an interest.

  53. Tex. Water Code Sec. 16.142. RECOVERY OF ADMINISTRATIVE COSTS.

  54. Tex. Water Code Sec. 16.143. OPTION TO LEASE.

  55. Tex. Water Code Sec. 16.144. ENVIRONMENTAL MITIGATION.

  56. Tex. Water Code Sec. 16.145. INTERREGIONAL WATER SUPPLY PROJECTS.

  57. Tex. Water Code Sec. 16.146. AUTHORIZED PROJECTS FOR STATE PARTICIPATION ACCOUNT II.

  58. Tex. Water Code Sec. 16.147. ESTABLISHMENT OF CERTAIN PERFORMANCE GOALS AND METRICS.

  59. Tex. Water Code Sec. 16.181. BOARD MAY SELL OR LEASE PROJECTS.

  60. Tex. Water Code Sec. 16.182. PERMITS REQUIRED.

  61. Tex. Water Code Sec. 16.183. PERMIT: PARAMOUNT CONSIDERATION OF COMMISSION. In passing on an application for a permit under this subchapter whether it proposes a use of water inside or outside the watershed of the impoundment, the commission shall give paramount consideration to recouping the state's investment in order to protect the public interest and promote the general welfare.

  62. Tex. Water Code Sec. 16.184. CONTRACT MUST BE NEGOTIATED. The commission shall not issue the permit until the applicant has executed a contract with the board for acquisition of the facilities.

  63. Tex. Water Code Sec. 16.185. RESERVOIR LAND. The board may lease acquired reservoir land until construction of the dam is completed without the necessity of a permit issued by the commission.

  64. Tex. Water Code Sec. 16.186. PRICE OF SALE.

  65. Tex. Water Code Sec. 16.187. PRICE OF SALE: FACILITIES ACQUIRED UNDER CONTRACTS WITH THE UNITED STATES.

  66. Tex. Water Code Sec. 16.1871. ACQUISITION DATE.

  67. Tex. Water Code Sec. 16.188. COSTS DEFINED. With reference to the sale of a state facility, "direct cost of acquisition" means the principal amount the board has paid or agreed to pay for a facility up to the date of sale, but does not include the board's cost of operating and maintaining the facility from the date of acquisition to the date of the sale or transfer of the facility.

  68. Tex. Water Code Sec. 16.189. LEASE PAYMENTS. In leasing a state facility for a term of years, the board shall require payments that will recover over the lease period not less than the total of:

  69. Tex. Water Code Sec. 16.190. SALE OR LEASE: CONDITION PRECEDENT.

  70. Tex. Water Code Sec. 16.191. DISPOSITION OF PROCEEDS.

  71. Tex. Water Code Sec. 16.192. SALE OF STORED WATER. The board may sell any unappropriated public water of the state and other water acquired by the state that is stored by or for it. The price will be determined by the board.

  72. Tex. Water Code Sec. 16.193. PERMIT.

  73. Tex. Water Code Sec. 16.194. SALE CONTRACT: PROVISIONS, LIMITATIONS.

  74. Tex. Water Code Sec. 16.195. EMERGENCY RELEASES OF WATER. Unappropriated water and other water of the state stored in any facility acquired by and under the control of the board may be released without charge to relieve any emergency condition arising from drought, severe water shortage, or public calamity, if the commission first determines the existence of the emergency and requests the board to release water.

  75. Tex. Water Code Sec. 16.196. PREFERENCES. The board shall give political subdivisions a preferential right, but not an exclusive right, to purchase, acquire, or lease facilities and to purchase water from facilities. Preferences shall be given in these respects in accord with the provisions of Section 11.123 of this code relating to preferences in the appropriation and use of state water. The board and the commission shall coordinate their efforts to meet these objectives and to assure that the public water of this state, which is held in trust for the use and benefit of the public, will be conserved, developed, and utilized in the greatest practicable measure for the public welfare.

  76. Tex. Water Code Sec. 16.197. LEASE OF LAND PRIOR TO PROJECT CONSTRUCTION. The board may lease tracts of land acquired for project purposes for a term of years for any purpose not inconsistent with ultimate project construction. The lease shall be scheduled to expire before initiation of project construction.

  77. Tex. Water Code Sec. 16.198. LEASE CONTRIBUTIONS EQUIVALENT TO TAXES. The lease may provide for contribution by the lessee to units of local government of amounts equivalent to ad valorem taxes or special assessments.

  78. Tex. Water Code Sec. 16.231. DESIGN OF IMPROVEMENTS OR SYSTEM OF IMPROVEMENTS. Insofar as possible, improvements necessary to reclaim overflowed land, swampland, and other land in this state that is not suitable for use because of temporary or permanent excessive accumulation of water on or contiguous to the land for agricultural or other use shall be designed with primary consideration to the topographic and hydrographic conditions and in such a manner that each division of a project shall be a complete, united project forming a coordinate part of an ultimately finished series of projects so constituted that the successful operation of each united project shall coordinate with the successful operation of other projects within the same hydraulic influence.

  79. Tex. Water Code Sec. 16.232. LOCATION OF PROJECTS; REPORTS. The executive director shall maintain files reflecting engineering reports, studies, drawings, and staff findings and recommendations pertaining to the location and effect of reclamation projects.

  80. Tex. Water Code Sec. 16.233. COOPERATION WITH OTHER AGENCIES. In performing functions that are a part of duties assigned to the commission or board by this code or other law, the executive director, with the approval of the commission, or the executive administrator, with the approval of the board, may confer with federal and state agencies and with political subdivisions and may execute cooperative agreements with them. The executive director or executive administrator may cancel any such agreement on 10 days notice to the other party.

  81. Tex. Water Code Sec. 16.234. ADVICE TO DISTRICTS. The executive director shall confer with districts requesting technical advice on the adequate execution of proposed levee and drainage improvements.

  82. Tex. Water Code Sec. 16.235. DISTRICTS TO FILE INFORMATION WITH COMMISSION. Immediately before having its bonds approved by the attorney general, each drainage district and levee improvement district shall file with the commission, on forms furnished by the commission, a complete record showing each step in the organization of the district, the amount of bonds to be issued, and a description of the area and boundaries of the district, accompanied by plans, maps, and profiles of improvements and the district engineer's estimates and reports on them.

  83. Tex. Water Code Sec. 16.236. CONSTRUCTION OF LEVEE WITHOUT APPROVAL OF PLANS; LEVEE SAFETY.

  84. Tex. Water Code Sec. 16.237. ADMINISTRATIVE PENALTY; CIVIL REMEDY.

  85. Tex. Water Code Sec. 16.271. IMPROVEMENT OF STREAMS AND CANALS AND CONSTRUCTION OF FACILITIES WITHIN CYPRESS CREEK DRAINAGE BASIN. The board may improve streams and canals and construct all waterways and other facilities necessary to provide for navigation within the Cypress Creek drainage basin which is located in the northeast portion of the state.

  86. Tex. Water Code Sec. 16.272. LONG-TERM CONTRACTS WITH THE UNITED STATES. The board may execute long-term contracts with the United States or any of its agencies for the acquisition and development of improvements and facilities under Section 16.271 of this code.

  87. Tex. Water Code Sec. 16.273. TEMPORARY AUTHORITY TO ACT FOR DISTRICT. The board may act in behalf of a local district or districts until they can take over the project or projects in accordance with the board's agreement with the district or districts in acting as the sponsor.

  88. Tex. Water Code Sec. 16.311. SHORT TITLE. This subchapter may be cited as the Flood Control and Insurance Act.

  89. Tex. Water Code Sec. 16.312. PURPOSE. The State of Texas recognizes the personal hardships and economic distress caused by flood disasters since it has become uneconomic for the private insurance industry alone to make flood insurance available to those in need of such protection on reasonable terms and conditions. Recognizing the burden of the nation's resources, congress enacted the National Flood Insurance Act of 1968, as amended (42 U.S.C. Sections 4001 through 4127), whereby flood insurance can be made available through coordinated efforts of the federal government and the private insurance industry, by pooling risks, and the positive cooperation of state and local government. The purpose of this subchapter is to evidence a positive interest in securing flood insurance coverage under this federal program and to so procure for those citizens of Texas desiring to participate and in promoting the public interest by providing appropriate protection against the perils of flood losses and in encouraging sound land use by minimizing exposure of property to flood losses.

  90. Tex. Water Code Sec. 16.313. DEFINITIONS. In this subchapter:

  91. Tex. Water Code Sec. 16.314. COOPERATION OF BOARD. In recognition of the necessity for a coordinated effort at all levels of government, the board shall cooperate with the Federal Emergency Management Agency in the planning and carrying out of state participation in the National Flood Insurance Program; however, the responsibility for qualifying for the National Flood Insurance Program shall belong to any interested political subdivision, whether presently in existence or created in the future.

  92. Tex. Water Code Sec. 16.3145. NATIONAL FLOOD INSURANCE PROGRAM ORDERS OR ORDINANCES. The governing body of each city and county shall adopt ordinances or orders, as appropriate, necessary for the city or county to be eligible to participate in the National Flood Insurance Program.

  93. Tex. Water Code Sec. 16.315. POLITICAL SUBDIVISIONS; COMPLIANCE WITH FEDERAL REQUIREMENTS. All political subdivisions are hereby authorized to take all necessary and reasonable actions that are not less stringent than the requirements and criteria of the National Flood Insurance Program, including but not limited to:

  94. Tex. Water Code Sec. 16.316. COORDINATION OF LOCAL, STATE, AND FEDERAL PROGRAMS BY BOARD.

  95. Tex. Water Code Sec. 16.317. COOPERATION OF TEXAS DEPARTMENT OF INSURANCE. Pursuant to the National Flood Insurance Program, the Texas Department of Insurance shall aid, advise, and cooperate with political subdivisions, the board, and the Federal Emergency Management Agency when such aid, advice, and cooperation are requested or deemed advisable by the Texas Department of Insurance.

  96. Tex. Water Code Sec. 16.318. RULES. Political subdivisions which qualify for the National Flood Insurance Program, the Texas Department of Insurance, and the board may adopt and promulgate reasonable rules which are necessary for the orderly effectuation of the respective authorizations herein.

  97. Tex. Water Code Sec. 16.319. QUALIFICATION. Political subdivisions wishing to qualify under the National Flood Insurance Program shall have the authority to do so by complying with the directions of the Federal Emergency Management Agency and by:

  98. Tex. Water Code Sec. 16.320. COASTAL EROSION. The Commissioner of the General Land Office is authorized to perform all acts necessary to develop and implement a program for certification of structures subject to imminent collapse due to erosion under the National Flood Insurance Act. This program shall include administrative rules adequate to meet all erosion-related requirements of the National Flood Insurance Act, including the establishment of required erosion zones in order for the state to receive approval to administer the program. This section shall apply to any amendment of or law replacing Section 4013(c) of the National Flood Insurance Act. Except as otherwise provided by this section, all actions taken by political subdivisions under Section 16.315 of this code with respect to structures in imminent danger of collapse from coastal erosion must comply with rules and regulations adopted by the commissioner under this section. A political subdivision may adopt rules that are more stringent than those adopted by the commissioner under this section, provided the stricter provisions are intended to ensure compliance with the National Flood Insurance Program's rules, regulations, and policies.

  99. Tex. Water Code Sec. 16.321. COASTAL FLOODING. The Commissioner of the General Land Office shall adopt and enforce reasonable rules and regulations necessary for protection from flooding on barrier islands, peninsulas, and mainland areas fronting on the Gulf of Mexico. Rules and regulations adopted pursuant to this section shall be limited to those matters that political subdivisions are authorized to address under Section 16.315 of this code. Except as otherwise provided by this section, all actions taken by political subdivisions under Section 16.315 of this code with respect to flooding on barrier islands, peninsulas, and mainland areas fronting on the Gulf of Mexico must comply with rules and regulations adopted by the commissioner under this section. A political subdivision may adopt rules that are more stringent than those adopted by the commissioner under this section, provided the stricter provisions are intended to ensure compliance with the National Flood Insurance Program's rules, regulations, and policies.

  100. Tex. Water Code Sec. 16.322. CIVIL PENALTY. A person who violates this subchapter or a rule adopted or order issued under this subchapter is subject to a civil penalty of not more than $100 for each act of violation and for each day of violation.

  101. Tex. Water Code Sec. 16.3221. CRIMINAL PENALTY.

  102. Tex. Water Code Sec. 16.323. ENFORCEMENT BY POLITICAL SUBDIVISION.

  103. Tex. Water Code Sec. 16.324. COUNTY AUTHORITY TO SET FEE. The commissioners court of a county may set a reasonable fee for the county's issuance of a permit authorized by this subchapter for which a fee is not specifically prescribed. The fee must be set and itemized in the county's budget as part of the budget preparation process.

  104. Tex. Water Code Sec. 16.341. DEFINITIONS. In this subchapter:

  105. Tex. Water Code Sec. 16.342. RULES.

  106. Tex. Water Code Sec. 16.343. MINIMUM STATE STANDARDS AND MODEL POLITICAL SUBDIVISION RULES.

  107. Tex. Water Code Sec. 16.344. OVERSIGHT.

  108. Tex. Water Code Sec. 16.345. AUTHORITY TO PARTICIPATE IN PROGRAM.

  109. Tex. Water Code Sec. 16.346. EXAMINATION OF ABILITY OF A DISTRICT TO PROVIDE SERVICES AND FINANCING.

  110. Tex. Water Code Sec. 16.347. REQUIREMENT OF IMPOSITION OF DISTRESSED AREAS WATER FINANCING FEE.

  111. Tex. Water Code Sec. 16.348. SETTING OF FEE BY POLITICAL SUBDIVISION; LIEN; DELINQUENT FEES.

  112. Tex. Water Code Sec. 16.349. FEES.

  113. Tex. Water Code Sec. 16.350. ELIGIBLE COUNTIES AND MUNICIPALITIES TO ADOPT RULES.

  114. Tex. Water Code Sec. 16.351. CONTRACT PREFERENCE. A political subdivision that receives financial assistance under Subchapter K, Chapter 17, of this code shall give preference in the award of political subdivision contracts to acquire, construct, extend, or provide water supply and sewer services or facilities to a bidder that agrees to use labor from inside the political subdivision to the extent possible.

  115. Tex. Water Code Sec. 16.352. ENFORCEMENT OF RULES. A person who violates a rule adopted by a municipality or county under this subchapter or under Subchapter B or C, Chapter 232, Local Government Code, is liable to the municipality or county for a civil penalty of not less than $500 and not more than $1,000 for each violation and for each day of a violation. The maximum civil penalty that may accrue each day is $5,000. The appropriate attorney representing the municipality or county may sue to collect the penalty. The recovered penalty shall be deposited in the general fund of the municipality or county.

  116. Tex. Water Code Sec. 16.353. INJUNCTION.

  117. Tex. Water Code Sec. 16.3535. DAMAGES. In addition to any other remedy, the attorney general, the municipal attorney of the municipality in which a violation under Section 16.352 occurs, or the county or district attorney of the county in which a violation under Section 16.352 occurs may apply to a district court for, and the district court may grant, monetary damages to cover the cost of enforcing this subchapter, rules adopted under this subchapter, or Subchapter B or C, Chapter 232, Local Government Code.

  118. Tex. Water Code Sec. 16.354. ATTORNEY GENERAL ENFORCEMENT. In addition to the ability of any political subdivision to enforce this subchapter, the attorney general may file suit to:

  119. Tex. Water Code Sec. 16.3545. VENUE. A suit brought under this subchapter for injunctive relief or the recovery of a civil penalty or damages may be brought in a district court in:

  120. Tex. Water Code Sec. 16.355. AUTHORITY OVER FACILITIES. A political subdivision may construct, contract for construction, operate, or contract with any person for operation of any water supply or sewer services or facilities provided by the political subdivision with financial assistance obtained under Subchapter K, Chapter 17, of this code.

  121. Tex. Water Code Sec. 16.356. USE OF REVENUE FROM OPERATION OF WATER SUPPLY OR SEWER SERVICE PROJECTS.

  122. Tex. Water Code Sec. 16.402. WATER CONSERVATION PLAN REVIEW.

  123. Tex. Water Code Sec. 16.4021. WATER CONSERVATION PLAN REQUIREMENTS.

  124. Tex. Water Code Sec. 16.403. WATER USE REPORTING.

  125. Tex. Water Code Sec. 16.404. RULES AND STANDARDS. The commission and the board, as appropriate, shall adopt rules and standards as necessary to implement this subchapter. At a minimum, the rules adopted under this subchapter must require an entity to report the most detailed level of water use data currently available to the entity. The commission may not adopt a rule that requires an entity to report water use data that is more detailed than the entity's billing system is capable of producing. The rules may require that billing systems purchased after September 1, 2011, be capable of reporting detailed water use data described in this subchapter.

  126. Tex. Water Code Sec. 16.451. DEFINITIONS. In this subchapter:

  127. Tex. Water Code Sec. 16.452. TEXAS INFRASTRUCTURE RESILIENCY FUND.

  128. Tex. Water Code Sec. 16.453. FLOODPLAIN MANAGEMENT ACCOUNT.

  129. Tex. Water Code Sec. 16.454. HURRICANE HARVEY ACCOUNT.

  130. Tex. Water Code Sec. 16.455. FEDERAL MATCHING ACCOUNT.

  131. Tex. Water Code Sec. 16.457. REPORT REQUIRED.

  132. Tex. Water Code Sec. 16.458. APPLICABLE LAW.

  133. Tex. Water Code Sec. 16.459. TRANSPARENCY REQUIREMENTS. The board shall post the following information on the board's Internet website regarding the use of the resiliency fund and regularly update the information posted:

  134. Tex. Water Code Sec. 16.460. RULES. The board shall adopt rules necessary to carry out this subchapter, including rules:

  135. Tex. Water Code Sec. 16.501. DEFINITIONS. In this subchapter:

  136. Tex. Water Code Sec. 16.502. OUTDOOR WARNING SIRENS REQUIRED IN FLASH FLOOD-PRONE AREAS.

Chapter 17

  1. Tex. Water Code Sec. 17.001. DEFINITIONS. In this chapter:

  2. Tex. Water Code Sec. 17.002. OPEN MEETINGS AND OPEN RECORDS LAWS. Nonprofit water supply corporations which receive any assistance under this chapter are subject to Chapter 551, Government Code, and to Chapter 552, Government Code.

  3. Tex. Water Code Sec. 17.003. BOND REVIEW.

  4. Tex. Water Code Sec. 17.011. ISSUANCE OF WATER DEVELOPMENT BONDS.

  5. Tex. Water Code Sec. 17.0111. DEDICATION OF CERTAIN BONDS. No more than $250 million in principal amount of bonds authorized by Article III, Section 49-d-7, of the Texas Constitution, and issued under either that section or Article III, Section 49-d-8, of the Texas Constitution, may be dedicated to the purposes provided by Subchapter K .

  6. Tex. Water Code Sec. 17.0112. AUTHORIZATION OF CERTAIN BONDS FOR FINANCIAL ASSISTANCE.

  7. Tex. Water Code Sec. 17.012. DESCRIPTION OF BONDS. The bonds shall be on a parity and shall be called Texas Water Development Bonds. The board may issue them in one or several installments and shall date the bonds of each issue.

  8. Tex. Water Code Sec. 17.013. SALE PRICE OF BONDS. The board may sell an installment or series of bonds at prices determined by the board.

  9. Tex. Water Code Sec. 17.014. INTEREST ON BONDS.

  10. Tex. Water Code Sec. 17.015. FORM, DENOMINATION, PLACE OF PAYMENT. The board shall:

  11. Tex. Water Code Sec. 17.016. MATURITY OF BONDS. The bonds of each issue shall mature, serially or otherwise, not more than 50 years from their date of issuance.

  12. Tex. Water Code Sec. 17.017. REDEMPTION BEFORE MATURITY. In the resolution providing for the issuance of bonds, the board may fix the price, terms, and conditions for redemption of bonds before maturity.

  13. Tex. Water Code Sec. 17.018. REGISTERED AND BEARER BONDS. The resolution may provide for registration of the bonds as to ownership, successive conversion and reconversion from registered to bearer bonds, and successive conversion and reconversion from bearer to registered bonds.

  14. Tex. Water Code Sec. 17.019. NOTICE OF BOND SALE. After the board decides to call for bids for the sale of bonds, the board shall publish an appropriate notice of the sale at least one time in one or more recognized financial publications of general circulation published within the state and one or more recognized financial publications published outside the state.

  15. Tex. Water Code Sec. 17.020. COMPETITIVE BIDS. The board shall sell the bonds only after competitive bidding to the highest and best bidder. The board may reject any or all bids.

  16. Tex. Water Code Sec. 17.021. SECURITY FOR BIDS. The board shall require every bidder, except administrators of state funds, to include with the bid an exchange or cashier's check for a sum the board considers adequate as a forfeit guaranteeing acceptance of and payment for all bonds covered by the bids and accepted by the board.

  17. Tex. Water Code Sec. 17.022. APPROVAL OF BONDS; REGISTRATION. Before bonds are delivered to the purchasers, the bonds and the record pertaining to their issuance shall be submitted to the attorney general for his approval. When the attorney general's approval is obtained, the bonds shall be registered in the office of the state comptroller.

  18. Tex. Water Code Sec. 17.023. EXECUTION OF BONDS. The bonds shall be executed on behalf of the board as general obligations of the state in the following manner: the chairman of the board and the development fund manager shall sign the bonds; the board shall impress its seal on the bonds; the governor shall sign the bonds; and the Secretary of State shall attest the bonds and impress on them the state seal.

  19. Tex. Water Code Sec. 17.024. FACSIMILE SIGNATURES AND SEALS. The resolution authorizing the issuance of an installment or series of bonds may prescribe the extent to which the board in executing the bonds and appurtenant coupons may use facsimile signatures and facsimile seals instead of manual signatures and manually impressed seals. Interest coupons may be signed by the facsimile signatures of the chairman of the board and the development fund manager.

  20. Tex. Water Code Sec. 17.025. SIGNATURE OF FORMER OFFICER. If an officer whose manual or facsimile signature appears on a bond or whose facsimile signature appears on any coupon ceases to be an officer before the bond is delivered, the signature is valid and sufficient for all purposes as if he had remained in office until the delivery had been made.

  21. Tex. Water Code Sec. 17.026. BONDS INCONTESTABLE. After approval by the attorney general, registration by the comptroller, and delivery to the purchasers, the bonds are incontestable and constitute general obligations of the state.

  22. Tex. Water Code Sec. 17.027. PAYMENT BY COMPTROLLER. The comptroller shall pay the principal of the bonds as they mature and the interest as it becomes payable.

  23. Tex. Water Code Sec. 17.028. PAYMENT ENFORCEABLE BY MANDAMUS. Payment of the bonds and performance of official duties prescribed by Article III, Sections 49-c, 49-d, 49-d-1, 49-d-2, 49-d-6, and 49-d-7, of the Texas Constitution and by this subchapter may be enforced in any court of competent jurisdiction by mandamus or other appropriate proceeding.

  24. Tex. Water Code Sec. 17.029. REFUNDING BONDS. The board may provide by resolution for the issuance of refunding bonds to refund outstanding bonds issued under this chapter and their accrued interest. The board may sell the refunding bonds and use the proceeds to retire the outstanding bonds issued under this chapter, exchange the refunding bonds for the outstanding bonds, or refund the bonds in the manner provided by any other applicable statute, including Chapter 1207, Government Code.

  25. Tex. Water Code Sec. 17.030. BONDS NEGOTIABLE INSTRUMENTS. The bonds issued under the provisions of this chapter are negotiable instruments under the laws of this state.

  26. Tex. Water Code Sec. 17.031. BONDS NOT TAXABLE. Bonds issued under this chapter, the income from the bonds, and the profit made on their sale are free from taxation within the state.

  27. Tex. Water Code Sec. 17.032. AUTHORIZED INVESTMENTS. Bonds issued under this chapter are legal and authorized investments for:

  28. Tex. Water Code Sec. 17.033. SECURITY FOR DEPOSIT OF FUNDS. Bonds issued under this chapter when accompanied by all appurtenant unmatured coupons are lawful and sufficient security for all deposits of funds of the state or of a city, town, village, county, school district, or any other agency or political subdivision of the state at the par value of the bonds.

  29. Tex. Water Code Sec. 17.034. MUTILATED, LOST, DESTROYED BONDS. The board may provide for the replacement of any mutilated, lost, or destroyed bond.

  30. Tex. Water Code Sec. 17.035. SUBCHAPTER CUMULATIVE OF OTHER LAWS.

  31. Tex. Water Code Sec. 17.071. DISPOSITION OF MONEY RECEIVED. All money received by the board shall be deposited in the State Treasury and credited to the proper special fund as provided in this subchapter.

  32. Tex. Water Code Sec. 17.072. DEVELOPMENT FUND.

  33. Tex. Water Code Sec. 17.073. WATER DEVELOPMENT AND ECONOMICALLY DISTRESSED AREAS CLEARANCE FUNDS.

  34. Tex. Water Code Sec. 17.074. INTEREST AND SINKING FUND. The Texas Water Development Bonds Interest and Sinking Fund, referred to as the "interest and sinking fund," is a special fund in the State Treasury into which there shall be paid, from sources specified in this chapter, amounts other than amounts required to be paid into the economically distressed areas interest and sinking fund sufficient to:

  35. Tex. Water Code Sec. 17.0741. ECONOMICALLY DISTRESSED AREAS INTEREST AND SINKING FUND.

  36. Tex. Water Code Sec. 17.075. ADMINISTRATIVE FUND. The Texas Water Development Board Administrative Fund, referred to as the "administrative fund," is a special fund in the State Treasury. From sources specified in this chapter, money shall be credited to this fund in amounts sufficient to pay the administrative expenses of the board as authorized by legislative appropriation.

  37. Tex. Water Code Sec. 17.076. COMBINED FACILITIES OPERATION AND MAINTENANCE FUND.

  38. Tex. Water Code Sec. 17.077. CREDITS TO CLEARANCE FUNDS.

  39. Tex. Water Code Sec. 17.078. TRANSFERS AT END OF FISCAL YEAR.

  40. Tex. Water Code Sec. 17.079. TRANSFERS TO INTEREST AND SINKING FUND.

  41. Tex. Water Code Sec. 17.0791. TRANSFERS TO ECONOMICALLY DISTRESSED AREAS INTEREST AND SINKING FUND.

  42. Tex. Water Code Sec. 17.080. ADDITIONAL FUNDS FOR PAYMENT OF BONDS.

  43. Tex. Water Code Sec. 17.081. TRANSFERS TO ADMINISTRATIVE FUND. If money remains in the clearance fund or the economically distressed areas clearance fund after making the transfers provided in Section 17.079 of this code, then to the extent possible the comptroller shall transfer to the administrative fund an amount sufficient to cover the legislative appropriation for administrative expenses of the board for the fiscal year.

  44. Tex. Water Code Sec. 17.082. TRANSFERS TO DEVELOPMENT FUND. If money remains in the clearance fund or the economically distressed areas clearance fund after making the transfers provided in Sections 17.079, 17.0791, and 17.081 of this code, the comptroller shall transfer the balance to the appropriate account in the development fund at the end of each fiscal year to be used for any purpose for which proceeds of bonds in such account may be used.

  45. Tex. Water Code Sec. 17.0821. TRANSFERS TO REVOLVING FUNDS.

  46. Tex. Water Code Sec. 17.083. INVESTMENT OF RESERVE MONEY. The board may invest any money credited to the development fund and not immediately required for its intended use and money in the interest and sinking fund and in the economically distressed areas interest and sinking fund, including the reserve portions of the interest and sinking fund and the economically distressed areas interest and sinking fund, in investments authorized by law for state deposits under Section 404.024, Government Code.

  47. Tex. Water Code Sec. 17.084. LIMITATION ON BOARD INVESTMENT. The board is bound to the extent that the resolution authorizing the issuance of the bonds further restricts the investment of money in bonds of the United States.

  48. Tex. Water Code Sec. 17.085. SALE OF SECURITIES. All of the bonds and obligations owned in the interest and sinking fund, in the economically distressed areas interest and sinking fund, or in the development fund are defined as securities. The board may sell securities owned in the interest and sinking fund, in the economically distressed areas interest and sinking fund, or in any account in the development fund at the governing market price.

  49. Tex. Water Code Sec. 17.086. TRANSFERS TO BE MADE BY COMPTROLLER. The comptroller shall make the transfers required by this subchapter.

  50. Tex. Water Code Sec. 17.0871. SALE OF POLITICAL SUBDIVISION BONDS TO THE TEXAS WATER RESOURCES FINANCE AUTHORITY.

  51. Tex. Water Code Sec. 17.121. FINANCIAL ASSISTANCE. The water supply account may be used by the board to provide financial assistance to political subdivisions for the construction, acquisition, or improvement of water supply projects, including those projects initiated for the sole purpose of conservation as defined in Section 17.001(23)(B) of this code.

  52. Tex. Water Code Sec. 17.122. APPLICATION FOR ASSISTANCE.

  53. Tex. Water Code Sec. 17.123. FINDINGS REGARDING PERMITS.

  54. Tex. Water Code Sec. 17.124. CONSIDERATIONS IN PASSING ON APPLICATIONS. In passing on an application from a political subdivision for financial assistance for a water supply project, the board shall consider:

  55. Tex. Water Code Sec. 17.1245. EVALUATION. In passing on an application for financial assistance from a retail public utility that provides potable water service to 3,300 or more connections, the board shall:

  56. Tex. Water Code Sec. 17.125. APPROVAL OF APPLICATION.

  57. Tex. Water Code Sec. 17.127. LIMITATION ON USE OF FUNDS. If there is insufficient money available to fund all applications under this subchapter, the board shall give preference to applications for political subdivisions that the board finds cannot reasonably finance the project without assistance from the state.

  58. Tex. Water Code Sec. 17.128. RECREATIONAL ACCESS. If the board is providing financial assistance for a water storage project, it must also find affirmatively that the applicant has a plan to provide adequate public recreational access areas to suitable recreational resources.

  59. Tex. Water Code Sec. 17.171. DEFINITION. In this subchapter, "project" includes water supply projects, treatment works, and flood control measures.

  60. Tex. Water Code Sec. 17.172. APPLICABILITY. This subchapter applies to financial assistance made available from the water supply account, the water quality enhancement account, the flood control account, and the economically distressed areas account under Subchapters D, F, G, and K of this chapter.

  61. Tex. Water Code Sec. 17.173. METHOD OF FINANCIAL ASSISTANCE. The board may provide financial assistance by using money in the water supply account, the water quality enhancement account, the flood control account, and the economically distressed areas account to purchase bonds or other obligations issued by the political subdivision to finance the project. The board may purchase bonds or other obligations that are secondary or subordinate to other bonds or obligations issued by the political subdivision, including outstanding prior lien bonds previously issued by the political subdivision when this will avoid or reduce the necessity for issuing junior lien bonds for subsequent sale to the board. The board may purchase refunding bonds or obligations of a political subdivision issued for the purpose of refunding bonds or other obligations issued for the construction of any projects described in this chapter.

  62. Tex. Water Code Sec. 17.174. CONDITIONAL APPROVAL. The board may make binding commitments to provide financial assistance for any project in accordance with this code conditioned on the future availability of money in the appropriate account of the development fund.

  63. Tex. Water Code Sec. 17.175. BOND MATURITY. The board may not purchase bonds or other securities which have a maturity date more than 50 years from the date of issuance.

  64. Tex. Water Code Sec. 17.176. INTEREST RATE.

  65. Tex. Water Code Sec. 17.1765. CERTIFICATION OF APPLICATION. Before the board may purchase bonds or other obligations issued by a political subdivision, the political subdivision must certify to the board that the application for financial assistance filed with the board was approved in an open meeting.

  66. Tex. Water Code Sec. 17.177. APPROVAL AND REGISTRATION. The board shall not purchase any bonds or securities that have not been approved by the attorney general and registered by the comptroller.

  67. Tex. Water Code Sec. 17.178. BONDS INCONTESTABLE. The bonds or other securities issued by a political subdivision are valid, binding, and incontestable after:

  68. Tex. Water Code Sec. 17.179. SECURITY FOR BONDS.

  69. Tex. Water Code Sec. 17.181. SALE OF BONDS BY BOARD. The board may sell or dispose of bonds purchased with money in the water supply account, the water quality enhancement account, the flood control account, or the economically distressed areas account.

  70. Tex. Water Code Sec. 17.182. PROCEEDS FROM SALE. Unless used to pay debt service on bonds issued under this chapter, the proceeds from the sale of political subdivision bonds held by the board either shall be credited to the account from which financial assistance was made to the political subdivision, except that accrued interest shall be credited to the interest and sinking fund, or shall be deposited to the credit of the Texas Water Development Fund II, established within the state treasury pursuant to Section 49-d-8, Article III, Texas Constitution. However, no such proceeds shall be deposited to the credit of the Texas Water Development Fund II unless the executive administrator certifies to the board that the transfer of such proceeds into the Texas Water Development Fund II will not cause the board, in the fiscal year the transfer is made, to direct the comptroller to transfer out of the first money coming into the state treasury during that fiscal year funds sufficient for the payment of principal of or interest on water development bonds, other than water development bonds issued for the purposes described in Subsection (e), Section 49-d-7, Article III, Texas Constitution, coming due in that fiscal year.

  71. Tex. Water Code Sec. 17.183. CONSTRUCTION CONTRACT REQUIREMENTS.

  72. Tex. Water Code Sec. 17.184. FILING CONSTRUCTION CONTRACT. The political subdivision shall file with the board a certified copy of each construction contract it enters into for the construction of all or part of a project. Each contract shall contain or have attached to it the specifications, plans, and details of all work included in the contract.

  73. Tex. Water Code Sec. 17.185. INSPECTION OF PROJECTS.

  74. Tex. Water Code Sec. 17.186. ALTERATION OF PLANS. After the executive administrator approves of engineering plans, a political subdivision may not make any substantial or material alteration in the plans unless the executive administrator authorizes the alteration in accordance with rules of the board. For a waste water treatment plant or other facility required to have commission approval of the plans and specifications, the commission must give its approval before a substantial or material alteration is made in those plans.

  75. Tex. Water Code Sec. 17.187. CERTIFICATE OF APPROVAL. The executive administrator may consider the following as grounds for refusal to give a certificate of approval for any construction contract:

  76. Tex. Water Code Sec. 17.188. OBTAINING FINANCIAL ASSISTANCE.

  77. Tex. Water Code Sec. 17.189. CONSIDERATIONS FOR CERTAIN FINANCIAL ASSISTANCE.

  78. Tex. Water Code Sec. 17.271. PURPOSE. The purpose of this subchapter is to provide for making loans of water quality enhancement funds authorized by Article III, Sections 49-d-1, 49-d-2, 49-d-6, and 49-d-7, of the Texas Constitution to political subdivisions of the state for the construction of treatment works.

  79. Tex. Water Code Sec. 17.272. FINANCIAL ASSISTANCE. The board may use water quality enhancement funds to provide financial assistance to political subdivisions for purposes of water quality enhancement.

  80. Tex. Water Code Sec. 17.273. AUTHORITY OF POLITICAL SUBDIVISION. A political subdivision may apply to the board for financial assistance and may use water quality enhancement funds for construction of treatment works in the manner provided in this subchapter.

  81. Tex. Water Code Sec. 17.274. APPLICATION FOR ASSISTANCE.

  82. Tex. Water Code Sec. 17.275. CONSIDERATIONS IN PASSING ON APPLICATION. In passing on an application from a political subdivision for financial assistance for water quality enhancement purposes, the board shall consider:

  83. Tex. Water Code Sec. 17.276. ACTION ON APPLICATION.

  84. Tex. Water Code Sec. 17.277. APPROVAL OF APPLICATION.

  85. Tex. Water Code Sec. 17.278. FINDINGS REGARDING PERMITS. If an application includes a proposal for a wastewater treatment plant, the board may not deliver funds for the wastewater treatment plant until the applicant has obtained a permit for the construction and operation of the plant and approval of the plans and specifications for the plant from the commission. If an application includes a proposal for a wastewater treatment plant that is located outside the jurisdiction of this state and that is not subject to the permitting authority of the commission, the board may not deliver funds for the wastewater treatment plant until after the board reviews the plans and specifications in coordination with the commission and finds that the wastewater treatment plant is capable of producing effluent that will meet federal and Texas-approved water quality standards and if effluent produced will result in water being available for use in or for the benefit of Texas.

  86. Tex. Water Code Sec. 17.279. LIMITATION ON USE OF FUNDS. If there is insufficient money available to fund all applications under this subchapter, the board shall give preference to applications for political subdivisions that the board finds cannot reasonably finance the treatment works without assistance from the state.

  87. Tex. Water Code Sec. 17.771. PURPOSE. The purpose of this subchapter is to provide for making loans of flood control funds authorized by Article III, Sections 49-d-2, 49-d-6, and 49-d-7, of the Texas Constitution, to political subdivisions of the state for the development of floodplain management plans and for structural and nonstructural flood control projects.

  88. Tex. Water Code Sec. 17.772. FINANCIAL ASSISTANCE. The board may use flood control funds to provide financial assistance to political subdivisions for purposes of structural and nonstructural flood control and the development of floodplain management plans.

  89. Tex. Water Code Sec. 17.773. APPLICATION FOR ASSISTANCE. In an application to the board for financial assistance for flood control purposes, the applicant shall include:

  90. Tex. Water Code Sec. 17.774. CONSIDERATIONS IN PASSING ON APPLICATION. In passing on an application from a political subdivision for financial assistance for flood control purposes, the board shall consider:

  91. Tex. Water Code Sec. 17.775. ACTION ON APPLICATION.

  92. Tex. Water Code Sec. 17.776. APPROVAL OF APPLICATION. The board by resolution may approve an application if, after considering the factors listed in Section 17.774 of this code and other relevant information, the board finds:

  93. Tex. Water Code Sec. 17.851. PURPOSE. The purpose of this subchapter is to provide for the benefit of the public additional methods for financing the conservation and development of water resources of this state including an additional method for making financial assistance available to participants in the conservation and development of water resources of this state. This financial assistance is made available on terms and conditions prescribed by this subchapter, and it is found and determined that this subchapter is in furtherance of a public purpose.

  94. Tex. Water Code Sec. 17.852. DEFINITIONS. In this subchapter:

  95. Tex. Water Code Sec. 17.853. TEXAS WATER RESOURCES FUND.

  96. Tex. Water Code Sec. 17.854. METHODS OF FINANCIAL ASSISTANCE. The board may use the fund to acquire obligations of political subdivisions in accordance with the purposes stated in Section 17.853 of this code.

  97. Tex. Water Code Sec. 17.855. FINANCIAL ASSISTANCE BY ACQUISITION OF ACQUIRED OBLIGATIONS.

  98. Tex. Water Code Sec. 17.856. CONSIDERATION IN PASSING ON APPLICATION FOR FINANCIAL ASSISTANCE. In passing on an application for financial assistance for a participant, the board shall consider:

  99. Tex. Water Code Sec. 17.857. APPROVAL OF APPLICATION.

  100. Tex. Water Code Sec. 17.858. ACQUISITION OF ACQUIRED OBLIGATIONS.

  101. Tex. Water Code Sec. 17.859. ISSUANCE OF REVENUE BONDS BY THE BOARD.

  102. Tex. Water Code Sec. 17.871. DEFINITIONS. In this subchapter:

  103. Tex. Water Code Sec. 17.872. ISSUANCE OF BONDS. The board by resolution may provide for the issuance of negotiable bonds, to be known as Texas agricultural water conservation bonds, in an aggregate principal amount not to exceed $200 million pursuant to Article III, Section 50-d, of the Texas Constitution.

  104. Tex. Water Code Sec. 17.873. CONDITIONS FOR ISSUANCE OF BONDS.

  105. Tex. Water Code Sec. 17.874. PERIODIC DETERMINATION OF INTEREST. A bond resolution or order may provide for payment of interest at any time or the periodic determination of interest rates or interest rate periods.

  106. Tex. Water Code Sec. 17.875. PERSONS DESIGNATED TO ACT AS AGENTS OF BOARD.

  107. Tex. Water Code Sec. 17.876. SECURITY QUALIFICATIONS. The board may take any action necessary to qualify the bonds for offer and sale under the securities laws and regulations of the United States, this state, and other states.

  108. Tex. Water Code Sec. 17.877. INVESTMENT SECURITIES. The bonds and any interest coupons are investment securities under Chapter 8, Business & Commerce Code, and may be issued registrable as to principal or as to both principal and interest or may be made redeemable before maturity at the option of the board or may contain a mandatory redemption provision.

  109. Tex. Water Code Sec. 17.878. FORM OF BONDS.

  110. Tex. Water Code Sec. 17.879. FUNDS.

  111. Tex. Water Code Sec. 17.880. SALE OF SECURITIES.

  112. Tex. Water Code Sec. 17.881. SALE OF OBLIGATIONS TO TEXAS WATER RESOURCES FINANCE AUTHORITY.

  113. Tex. Water Code Sec. 17.882. RESOLUTIONS, ORDERS, ETC.

  114. Tex. Water Code Sec. 17.883. BOND REVIEW BOARD. Bonds may not be issued under this subchapter unless the issuance of the bonds has been reviewed and approved by the bond review board. Prior to issuance of bonds, the board shall estimate demand for conservation programs or projects based on a survey of eligible participants in the program. A summary of this information shall be furnished to the bond review board.

  115. Tex. Water Code Sec. 17.884. APPROVAL OF ATTORNEY GENERAL. The proceedings relating to the bonds issued under this subchapter are subject to review and approval by the attorney general in the same manner and with the same effects as provided by Chapter 1371, Government Code.

  116. Tex. Water Code Sec. 17.885. BONDS INCONTESTABLE. After approval of the proceedings relating to bonds issued under this subchapter by the attorney general, registration of the proceedings by the comptroller, and delivery to the purchasers, the bonds are incontestable and constitute general obligations of the state.

  117. Tex. Water Code Sec. 17.886. PAYMENT AND TRANSFERS BY COMPTROLLER.

  118. Tex. Water Code Sec. 17.887. REFUNDING BONDS.

  119. Tex. Water Code Sec. 17.888. MUTILATED, LOST, OR DESTROYED BONDS. The board may provide for the replacement of mutilated, lost, or destroyed bonds.

  120. Tex. Water Code Sec. 17.889. ELIGIBLE SECURITY. The bonds are eligible to secure deposits of public funds of the state and cities, counties, school districts, and other political subdivisions of the state. The bonds are lawful and sufficient security for deposits to the extent of their face value.

  121. Tex. Water Code Sec. 17.890. LEGAL INVESTMENTS. The bonds are legal and authorized investments for:

  122. Tex. Water Code Sec. 17.891. TAX EXEMPT BONDS. Since the board is performing an essential governmental function in the exercise of the powers conferred on it by this chapter, the bonds issued under this subchapter and the interest and income from the bonds, including any profit made on the sale of bonds, and all fees, charges, gifts, grants, revenues, receipts, and other money received or pledged to pay or secure the payment of the bonds are free from taxation and assessments of every kind by this state and any city, county, district, authority, or other political subdivision of this state.

  123. Tex. Water Code Sec. 17.892. ENFORCEMENT BY MANDAMUS. Payment of the bonds and performance of official duties prescribed by Article III, Section 50-d, of the Texas Constitution and this subchapter may be enforced in a court of competent jurisdiction by mandamus or other appropriate proceedings.

  124. Tex. Water Code Sec. 17.893. SUBCHAPTER CUMULATIVE OF OTHER LAWS.

  125. Tex. Water Code Sec. 17.894. BOND ENHANCEMENT AGREEMENTS; PAYMENT OF EXPENSES.

  126. Tex. Water Code Sec. 17.895. SOURCES OF ASSETS. The fund is composed of:

  127. Tex. Water Code Sec. 17.896. REPAYMENT PROCEEDS. The board shall designate a transfer of repayment of principal and interest on a loan made under this subchapter to the fund, the interest and sinking fund, or any account in the funds.

  128. Tex. Water Code Sec. 17.897. CONSERVATION PROGRAM.

  129. Tex. Water Code Sec. 17.898. CONSERVATION PROJECT.

  130. Tex. Water Code Sec. 17.899. ELIGIBLE FUND USES.

  131. Tex. Water Code Sec. 17.900. GRANT TO STATE AGENCY.

  132. Tex. Water Code Sec. 17.901. GRANT OR LOAN TO POLITICAL SUBDIVISION. The board may make a grant or loan to a political subdivision for a conservation program or conservation project. A political subdivision seeking a grant or loan must file an application with the board.

  133. Tex. Water Code Sec. 17.902. REVIEW OF APPLICATION FOR AND APPROVAL OF GRANT.

  134. Tex. Water Code Sec. 17.9021. APPLICATION FOR AND APPROVAL OF LOAN.

  135. Tex. Water Code Sec. 17.9022. FINANCING OF GRANT OR LOAN FOR POLITICAL SUBDIVISION; DEFAULT; VENUE. The board may make a loan or grant available to a political subdivision in any manner the board considers economically feasible, including purchase of bonds or securities of the political subdivision or execution of a loan or grant agreement with the political subdivision. The board may not purchase bonds or securities that have not been approved by the attorney general and registered by the comptroller.

  136. Tex. Water Code Sec. 17.903. CONTRACT AUTHORITY.

  137. Tex. Water Code Sec. 17.904. LINKED DEPOSIT. A linked deposit is a deposit governed by a written deposit agreement between the board and an eligible lending institution that provides that:

  138. Tex. Water Code Sec. 17.905. LINKED DEPOSIT PROGRAM.

  139. Tex. Water Code Sec. 17.906. APPLICATION BY ELIGIBLE LENDING INSTITUTIONS TO PARTICIPATE IN LINKED DEPOSIT PROGRAM. To participate in the agricultural water conservation linked deposit program, an eligible lending institution must:

  140. Tex. Water Code Sec. 17.907. APPROVAL OR REJECTION OF APPLICATION. The board may approve or reject an application of an eligible lending institution to participate in the program. The board may delegate its authority to approve or reject applications to the executive administrator.

  141. Tex. Water Code Sec. 17.908. DEPOSIT AGREEMENT. If the board approves an application of an eligible lending institution, the board and the eligible lending institution shall enter into a written deposit agreement. The agreement shall contain the conditions on which the linked deposit is made. On execution of the agreement, the board shall place a linked deposit from the fund with the eligible lending institution in accordance with the agreement. A delay in payment or a default on a loan by an applicant does not affect the validity of the deposit agreement.

  142. Tex. Water Code Sec. 17.909. COMPLIANCE.

  143. Tex. Water Code Sec. 17.910. STATE LIABILITY PROHIBITED. The state is not liable to an eligible lending institution for payment of the principal, interest, or any late charges on a loan made to an approved applicant. A linked deposit is not an extension of the state's credit within the meaning of any state constitutional prohibition.

  144. Tex. Water Code Sec. 17.911. LIMITATIONS ON PROGRAM.

  145. Tex. Water Code Sec. 17.912. RULES. The board shall adopt rules necessary to carry out this subchapter. Applications shall be in the form and manner as provided by board rules.

  146. Tex. Water Code Sec. 17.913. GRANT STANDARDS. The law regarding uniform grant and contract management, Chapter 783, Government Code, does not apply to a contract under this subchapter.

  147. Tex. Water Code Sec. 17.921. DEFINITIONS. In this subchapter:

  148. Tex. Water Code Sec. 17.922. FINANCIAL ASSISTANCE.

  149. Tex. Water Code Sec. 17.9225. RESIDENTIAL WATER AND SEWER CONNECTION ASSISTANCE.

  150. Tex. Water Code Sec. 17.9226. USE OF CERTAIN GENERAL OBLIGATION BONDS. The board may:

  151. Tex. Water Code Sec. 17.923. COUNTY ELIGIBILITY FOR FINANCIAL ASSISTANCE. To be eligible for financial assistance under this subchapter, a county:

  152. Tex. Water Code Sec. 17.927. APPLICATION FOR FINANCIAL ASSISTANCE.

  153. Tex. Water Code Sec. 17.9275. PRIORITIZATION OF PROJECTS BY BOARD.

  154. Tex. Water Code Sec. 17.928. FINDINGS REGARDING PERMITS.

  155. Tex. Water Code Sec. 17.929. CONSIDERATIONS IN PASSING ON APPLICATION.

  156. Tex. Water Code Sec. 17.930. APPROVAL OR DISAPPROVAL OF APPLICATION.

  157. Tex. Water Code Sec. 17.931. APPLICATION AMENDMENT.

  158. Tex. Water Code Sec. 17.932. METHOD OF FINANCIAL ASSISTANCE.

  159. Tex. Water Code Sec. 17.933. TERMS OF FINANCIAL ASSISTANCE.

  160. Tex. Water Code Sec. 17.934. SEWER CONNECTIONS.

  161. Tex. Water Code Sec. 17.935. GRANT STANDARDS. The Uniform Grant and Contract Management Act of 1981 (Article 4413(32g), Vernon's Texas Civil Statutes) does not apply to financial assistance provided under this subchapter.

  162. Tex. Water Code Sec. 17.936. RECOVERY OF ECONOMICALLY DISTRESSED AREA IMPACT FEES.

  163. Tex. Water Code Sec. 17.937. REPORTING AND TRANSPARENCY REQUIREMENTS.

  164. Tex. Water Code Sec. 17.951. DEFINITIONS. In this subchapter:

  165. Tex. Water Code Sec. 17.952. ISSUANCE OF WATER FINANCIAL ASSISTANCE BONDS. The board by resolution may provide for the issuance of water financial assistance bonds, which shall be general obligation bonds of the state, in an aggregate principal amount not to exceed the principal amount authorized to be issued by the Texas Constitution.

  166. Tex. Water Code Sec. 17.953. CONDITIONS FOR ISSUANCE OF WATER FINANCIAL ASSISTANCE BONDS.

  167. Tex. Water Code Sec. 17.954. BOND ENHANCEMENT AGREEMENTS; PAYMENT OF EXPENSES.

  168. Tex. Water Code Sec. 17.955. PERSONS DESIGNATED TO ACT AS AGENTS OF BOARD.

  169. Tex. Water Code Sec. 17.956. TEXAS WATER DEVELOPMENT FUND II. The fund is a special fund in the state treasury, and all water financial assistance bond proceeds shall be deposited in the state treasury to the credit of the fund. The fund shall contain a "state participation account," an "economically distressed areas program account," and a "financial assistance account," and proceeds from the sale of water financial assistance bonds issued for the purpose of providing financial assistance to political subdivisions shall be credited to such accounts as provided by resolution by the board. By resolution, the board may create additional accounts within the fund as the board determines are necessary or convenient for the administration of the fund.

  170. Tex. Water Code Sec. 17.957. STATE PARTICIPATION ACCOUNT.

  171. Tex. Water Code Sec. 17.958. ECONOMICALLY DISTRESSED AREAS PROGRAM ACCOUNT.

  172. Tex. Water Code Sec. 17.959. FINANCIAL ASSISTANCE ACCOUNT.

  173. Tex. Water Code Sec. 17.960. BOND RESOLUTIONS.

  174. Tex. Water Code Sec. 17.961. TRANSFERS TO REVOLVING FUNDS.

  175. Tex. Water Code Sec. 17.9615. TRANSFERS TO RURAL WATER ASSISTANCE FUND.

  176. Tex. Water Code Sec. 17.9616. TRANSFER TO WATER INFRASTRUCTURE FUND.

  177. Tex. Water Code Sec. 17.9617. TRANSFERS TO STATE WATER IMPLEMENTATION REVENUE FUND FOR TEXAS.

  178. Tex. Water Code Sec. 17.962. STATE APPROVALS.

  179. Tex. Water Code Sec. 17.963. PAYMENT OF BOARD OBLIGATIONS.

  180. Tex. Water Code Sec. 17.964. ELIGIBLE SECURITY. Water financial assistance bonds are eligible to secure deposits of public funds of the state and political subdivisions of the state. Water financial assistance bonds are lawful and sufficient security for deposits to the extent of their face value.

  181. Tex. Water Code Sec. 17.965. LEGAL INVESTMENTS. Water financial assistance bonds are legal and authorized investments for:

  182. Tex. Water Code Sec. 17.966. MUTILATED, LOST, OR DESTROYED BONDS. The board may provide for the replacement of mutilated, lost, or destroyed water financial assistance bonds.

  183. Tex. Water Code Sec. 17.967. REFUNDING BONDS.

  184. Tex. Water Code Sec. 17.968. SALE OF POLITICAL SUBDIVISION BONDS BY THE BOARD; USE OF PROCEEDS.

  185. Tex. Water Code Sec. 17.969. TAX EXEMPT BONDS. Since the board is performing an essential governmental function in the exercise of the powers conferred on it by this chapter, water financial assistance bonds issued under this subchapter and the interest and income from the water financial assistance bonds, including any profit made on the sale of water financial assistance bonds, and all fees, charges, gifts, grants, revenues, receipts, and other money received or pledged to pay or secure the payment of water financial assistance bonds are free from taxation and assessments of every kind by this state and any city, county, district, authority, or other political subdivision of this state.

  186. Tex. Water Code Sec. 17.970. ENFORCEMENT BY MANDAMUS. Payment of water financial assistance bonds and obligations incurred under bond enhancement agreements and performance of official duties prescribed by Section 49-d-8, Article III, Texas Constitution, and this subchapter may be enforced in a court of competent jurisdiction by mandamus or other appropriate proceedings.

  187. Tex. Water Code Sec. 17.971. SUBCHAPTER CUMULATIVE OF OTHER LAWS.

  188. Tex. Water Code Sec. 17.991. DEFINITIONS. In this subchapter:

  189. Tex. Water Code Sec. 17.992. TRAINING FOR APPLICANTS. The board may require the operating entity of a political subdivision that applies for financial assistance under Subchapter K to complete a training program approved by the board if the board determines that training is necessary.

  190. Tex. Water Code Sec. 17.993. TRAINING FOR OPERATING ENTITIES.

  191. Tex. Water Code Sec. 17.994. TRAINING REQUIREMENTS.

Chapter 18

  1. Tex. Water Code Sec. 18.001. DEFINITIONS. In this chapter:

  2. Tex. Water Code Sec. 18.002. RELATIONSHIP TO OTHER LAWS.

  3. Tex. Water Code Sec. 18.003. DIVERSIONS OF MARINE SEAWATER.

  4. Tex. Water Code Sec. 18.004. BED AND BANKS AUTHORIZATION.

  5. Tex. Water Code Sec. 18.005. DISCHARGE OF TREATED MARINE SEAWATER OR WASTE RESULTING FROM DESALINATION OF MARINE SEAWATER.

Chapter 20

  1. Tex. Water Code Sec. 20.001. LEGISLATIVE PURPOSE AND POLICY.

  2. Tex. Water Code Sec. 20.002. DEFINITIONS AND CONSTRUCTION. In this subchapter:

  3. Tex. Water Code Sec. 20.011. CREATION OF AUTHORITY.

  4. Tex. Water Code Sec. 20.012. BOARD OF DIRECTORS.

  5. Tex. Water Code Sec. 20.013. COMPENSATION; REIMBURSEMENT. The directors are not entitled to receive compensation for their service on the board but are entitled to be reimbursed for their expenses in performing their powers and duties under this chapter.

  6. Tex. Water Code Sec. 20.014. ORGANIZATION OF BOARD.

  7. Tex. Water Code Sec. 20.015. BOARD MEETINGS.

  8. Tex. Water Code Sec. 20.016. RULES AND RESOLUTIONS. The board may adopt rules that are necessary to carry out this chapter and may take official action by adoption of a resolution or order.

  9. Tex. Water Code Sec. 20.017. LIABILITY. A director or officer of the authority is not liable for any bonds issued or contracts executed by the authority.

  10. Tex. Water Code Sec. 20.018. GENERAL FISCAL AUTHORITY. The board may acquire, hold, invest and reinvest in authorized investments, deposit, use, and dispose of the authority's revenues, income, receipts, funds, and money from every source and may select its depository or depositories, inside or outside the state, subject only to this chapter and any covenants with respect to the authority's bonds.

  11. Tex. Water Code Sec. 20.019. PROPERTY TAX EXEMPT.

  12. Tex. Water Code Sec. 20.020. FISCAL YEAR; ANNUAL AUDIT.

  13. Tex. Water Code Sec. 20.021. AUTHORITY EXPENSES.

  14. Tex. Water Code Sec. 20.022. SUITS. The authority may sue and be sued in the courts of this state in the name of the authority, and the courts shall take judicial notice of the creation of the authority.

  15. Tex. Water Code Sec. 20.023. SEAL. The board may adopt a seal for the authority.

  16. Tex. Water Code Sec. 20.041. GENERAL POWERS AND DUTIES. The authority may exercise any authority necessary or appropriate to carry out the purposes of this chapter.

  17. Tex. Water Code Sec. 20.042. GIFTS, GRANTS, ETC. The board may request and accept for the authority grants, allocations, subsidies, guaranties, aid, contributions, services, labor, materials, gifts, and donations.

  18. Tex. Water Code Sec. 20.043. CONTRACTS. The board on behalf of the authority may enter into contracts with any person to carry out this chapter.

  19. Tex. Water Code Sec. 20.044. PURCHASE OF INSURANCE. The board may purchase for the authority and pay premiums on insurance of any type, in any amounts, and from any insurers the board considers advisable.

  20. Tex. Water Code Sec. 20.045. CONTRACTS WITH DEVELOPMENT BOARD. The authority may enter into contracts with the development board and with consultants as necessary to perform the functions provided by this chapter.

  21. Tex. Water Code Sec. 20.071. PURCHASE OF POLITICAL SUBDIVISION BONDS. The board may purchase political subdivision bonds including bonds that are acquired or owned by the development board.

  22. Tex. Water Code Sec. 20.072. ACQUISITION OF CERTAIN DEVELOPMENT BOARD BONDS. If the board agrees to purchase political subdivision bonds from the development board that have not been purchased by the development board at the time of the agreement, the board may pay the purchase price for those bonds in exchange for the agreement of the development board to transfer those bonds to the board at the time the development board acquires them.

  23. Tex. Water Code Sec. 20.073. PRICE AND TERMS OF PURCHASE. The board shall purchase political subdivision bonds at prices and under terms the board determines to be reasonable.

  24. Tex. Water Code Sec. 20.074. REVENUE BONDS.

  25. Tex. Water Code Sec. 20.075. CONTRACT FOR OBTAINING COMPLIANCE WITH POLITICAL SUBDIVISION BONDS. The board shall enter into a contract with the development board for the development board to perform the functions required to ensure that the political subdivisions pay the debt service on political subdivision bonds and observe the conditions and requirements set forth in those bonds.

  26. Tex. Water Code Sec. 20.076. ENFORCEMENT OF POLITICAL SUBDIVISION BONDS.

  27. Tex. Water Code Sec. 20.101. ISSUANCE OF BONDS. For the issuance of bonds under this chapter, the board may exercise the authority granted to the governing body of an issuer with regard to issuance of obligations under Chapter 1371, Government Code, to the extent that it is not inconsistent with this chapter.

  28. Tex. Water Code Sec. 20.102. CONDITIONS FOR ISSUANCE OF BONDS.

  29. Tex. Water Code Sec. 20.103. PERIODIC DETERMINATION OF INTEREST. A bond resolution or order may provide for the periodic determination of interest rates without the board being required to give specific approval.

  30. Tex. Water Code Sec. 20.104. PERSONS DESIGNATED TO ACT AS AGENTS OF BOARD.

  31. Tex. Water Code Sec. 20.105. SECURITY QUALIFICATIONS. The board may take any action necessary to qualify the authority bonds for offer and sale under the securities laws and regulations of the United States, this state, and other states of the United States.

  32. Tex. Water Code Sec. 20.106. INVESTMENT SECURITIES. The bonds and any interest coupons are investment securities under Chapter 8, Business & Commerce Code, and may be issued registrable as to principal or as to both principal and interest or may be made redeemable before maturity at the option of the authority or may contain a mandatory redemption provision.

  33. Tex. Water Code Sec. 20.107. FORM OF BONDS.

  34. Tex. Water Code Sec. 20.108. FUNDS.

  35. Tex. Water Code Sec. 20.109. RESOLUTIONS, ORDERS, ETC.

  36. Tex. Water Code Sec. 20.110. APPROVAL OF ATTORNEY GENERAL. The bonds issued under this chapter are subject to review and approval by the attorney general in the same manner and with the same effect as provided by Chapter 1371, Government Code.

  37. Tex. Water Code Sec. 20.111. BOND REVIEW BOARD.

  38. Tex. Water Code Sec. 20.112. REFUNDING BONDS.

  39. Tex. Water Code Sec. 20.113. ELIGIBLE SECURITY. The bonds are eligible to secure deposits of public funds of the state and cities, counties, school districts, and other political subdivisions of the state. The bonds are lawful and sufficient security for deposits to the extent of their face value.

  40. Tex. Water Code Sec. 20.114. LEGAL INVESTMENTS. The bonds are legal and authorized investments for:

  41. Tex. Water Code Sec. 20.115. TAX EXEMPT. Since the authority is performing an essential governmental function in the exercise of the powers conferred on it by this chapter, the bonds issued under this Act, and the interest and income from the bonds, including any profit made on the sale of bonds, and all fees, charges, gifts, grants, revenues, receipts, and other money received or pledged to pay or secure the payment of bonds are free from taxation and assessments of every kind by this state and any city, county, district, authority, or other political subdivision of this state.

  42. Tex. Water Code Sec. 20.116. PLEDGE OF STATE FAITH AND CREDIT; COVENANT WITH OWNERS OF BONDS.

  43. Tex. Water Code Sec. 20.117. ENFORCEMENT BY MANDAMUS. A writ of mandamus and all other legal and equitable remedies are available to any party at interest to require the authority and any other party to carry out agreements and to perform functions and duties under this chapter, the Texas Constitution, or the authority's bond resolutions and orders.

Chapter 26

  1. Tex. Water Code Sec. 26.001. DEFINITIONS. As used in this chapter:

  2. Tex. Water Code Sec. 26.002. OWNERSHIP OF UNDERGROUND WATER. Nothing in this chapter affects ownership rights in underground water.

  3. Tex. Water Code Sec. 26.003. POLICY OF THIS SUBCHAPTER. It is the policy of this state and the purpose of this subchapter to maintain the quality of water in the state consistent with the public health and enjoyment, the propagation and protection of terrestrial and aquatic life, and the operation of existing industries, taking into consideration the economic development of the state; to encourage and promote the development and use of regional and areawide waste collection, treatment, and disposal systems to serve the waste disposal needs of the citizens of the state; and to require the use of all reasonable methods to implement this policy.

  4. Tex. Water Code Sec. 26.011. IN GENERAL. Except as otherwise specifically provided, the commission shall administer the provisions of this chapter and shall establish the level of quality to be maintained in, and shall control the quality of, the water in this state as provided by this chapter. Waste discharges or impending waste discharges covered by the provisions of this chapter are subject to reasonable rules or orders adopted or issued by the commission in the public interest. The commission has the powers and duties specifically prescribed by this chapter and all other powers necessary or convenient to carry out its responsibilities. This chapter does not apply to discharges of oil covered under Chapter 40, Natural Resources Code.

  5. Tex. Water Code Sec. 26.012. STATE WATER QUALITY PLAN. The executive director shall prepare and develop a general, comprehensive plan for the control of water quality in the state which shall be used as a flexible guide by the commission when approved by the commission.

  6. Tex. Water Code Sec. 26.013. RESEARCH, INVESTIGATIONS. The executive director shall conduct or have conducted any research and investigations it considers advisable and necessary for the discharge of the duties under this chapter.

  7. Tex. Water Code Sec. 26.0135. WATERSHED MONITORING AND ASSESSMENT OF WATER QUALITY.

  8. Tex. Water Code Sec. 26.0136. WATER QUALITY MANAGEMENT.

  9. Tex. Water Code Sec. 26.014. POWER TO ENTER PROPERTY. The members of the commission and employees and agents of the commission are entitled to enter any public or private property at any reasonable time for the purpose of inspecting and investigating conditions relating to the quality of water in the state or the compliance with any rule, regulation, permit or other order of the commission. Members, employees, or agents of the commission and commission contractors are entitled to enter public or private property at any reasonable time to investigate or monitor or, if the responsible party is not responsive or there is an immediate danger to public health or the environment, to remove or remediate a condition related to the quality of water in the state. Members, employees, commission contractors, or agents acting under this authority who enter private property shall observe the establishment's rules and regulations concerning safety, internal security, and fire protection, and if the property has management in residence, shall notify management or the person then in charge of his presence and shall exhibit proper credentials. If any member, employee, commission contractor, or agent is refused the right to enter in or on public or private property under this authority, the executive director may invoke the remedies authorized in Section 26.123 of this code.

  10. Tex. Water Code Sec. 26.015. POWER TO EXAMINE RECORDS. The members of the commission and employees and agents of the commission may examine and copy during regular business hours any records or memoranda pertaining to the operation of any sewer system, disposal system, or treatment facility or pertaining to any discharge of waste or pollutants into any water in the state, or any other records required to be maintained.

  11. Tex. Water Code Sec. 26.0151. PUBLIC INFORMATION.

  12. Tex. Water Code Sec. 26.017. COOPERATION. The commission shall:

  13. Tex. Water Code Sec. 26.018. CONTRACTS, INSTRUMENTS. With the approval of the commission, the executive director may make contracts and execute instruments that are necessary or convenient to the exercise of the commission's powers or the performance of its duties.

  14. Tex. Water Code Sec. 26.019. ORDERS. The commission is authorized to issue orders and make determinations necessary to effectuate the purposes of this chapter.

  15. Tex. Water Code Sec. 26.0191. TEMPORARY OR EMERGENCY ORDER RELATING TO DISCHARGE OF WASTE OR POLLUTANTS. The commission may issue a temporary or emergency order relating to the discharge of waste or pollutants under Section 5.509.

  16. Tex. Water Code Sec. 26.020. HEARING POWERS. The commission may call and hold hearings, administer oaths, receive evidence at the hearing, issue subpoenas to compel the attendance of witnesses and the production of papers and documents related to the hearing, and make findings of fact and decisions with respect to administering the provisions of this chapter or the rules, orders, or other actions of the commission.

  17. Tex. Water Code Sec. 26.021. DELEGATION OF HEARING POWERS.

  18. Tex. Water Code Sec. 26.022. NOTICE OF HEARINGS; CONTINUANCE.

  19. Tex. Water Code Sec. 26.023. WATER QUALITY STANDARDS. The commission by rule shall set water quality standards for the water in the state and may amend the standards from time to time. The commission has the sole and exclusive authority to set water quality standards for all water in the state. The commission shall consider the existence and effects of nonpoint source pollution, toxic materials, and nutrient loading in developing water quality standards and related waste load models for water quality. The commission shall develop standards based on all quality assured data obtained by the commission, including the local watershed and river basin database described by Section 26.0135(c)(2). In this section, "quality assured data" has the meaning assigned by Section 26.0135(i).

  20. Tex. Water Code Sec. 26.024. HEARINGS ON STANDARDS; CONSULTATION. Before setting or amending water quality standards, the commission shall:

  21. Tex. Water Code Sec. 26.025. HEARINGS ON STANDARDS; NOTICE TO WHOM.

  22. Tex. Water Code Sec. 26.026. STANDARDS TO BE PUBLISHED. The commission shall publish its water quality standards and amendments and shall make copies available to the public on written request.

  23. Tex. Water Code Sec. 26.027. COMMISSION MAY ISSUE PERMITS.

  24. Tex. Water Code Sec. 26.0271. PERMITS AUTHORIZING REUSE WATER SYSTEM CONTRIBUTIONS AND DISCHARGES.

  25. Tex. Water Code Sec. 26.02715. DISPOSAL OF RECLAIMED WASTEWATER TO WASTEWATER COLLECTION SYSTEM.

  26. Tex. Water Code Sec. 26.0272. PERMITS AUTHORIZING DISCHARGES FROM CERTAIN SEAWATER DESALINATION FACILITIES.

  27. Tex. Water Code Sec. 26.0275. RESTRICTION ON PERMITS FOR DISCHARGES INTO CERTAIN SEGMENTS AND DRAINAGE AREAS.

  28. Tex. Water Code Sec. 26.028. ACTION ON APPLICATION.

  29. Tex. Water Code Sec. 26.0281. CONSIDERATION OF COMPLIANCE HISTORY. In considering the issuance, amendment, or renewal of a permit to discharge effluent comprised primarily of sewage or municipal waste, the commission shall consider the compliance history of the applicant and its operator under the method for using compliance history developed by the commission under Section 5.754. In considering an applicant's compliance history under this subsection, the commission shall consider as evidence of compliance information regarding the applicant's implementation of an environmental management system at the facility for which the permit, permit amendment, or permit renewal is sought. In this section, "environmental management system" has the meaning assigned by Section 5.127.

  30. Tex. Water Code Sec. 26.0282. CONSIDERATION OF NEED AND REGIONAL TREATMENT OPTIONS. In considering the issuance, amendment, or renewal of a permit to discharge waste, the commission may deny or alter the terms and conditions of the proposed permit, amendment, or renewal based on consideration of need, including the expected volume and quality of the influent and the availability of existing or proposed areawide or regional waste collection, treatment, and disposal systems not designated as such by commission order pursuant to provisions of this subchapter. This section is expressly directed to the control and treatment of conventional pollutants normally found in domestic wastewater.

  31. Tex. Water Code Sec. 26.0283. DENIAL OF APPLICATION FOR PERMIT; ASSISTANCE PROVIDED BY CERTAIN FORMER EMPLOYEES.

  32. Tex. Water Code Sec. 26.0286. PROCEDURES APPLICABLE TO PERMITS FOR CERTAIN CONCENTRATED ANIMAL FEEDING OPERATIONS.

  33. Tex. Water Code Sec. 26.029. CONDITIONS OF PERMIT; AMENDMENT.

  34. Tex. Water Code Sec. 26.0291. WATER QUALITY FEE.

  35. Tex. Water Code Sec. 26.0292. FEES CHARGED TO AQUACULTURE FACILITIES.

  36. Tex. Water Code Sec. 26.030. PERMIT; EFFECT ON RECREATIONAL WATER.

  37. Tex. Water Code Sec. 26.0301. WASTEWATER OPERATIONS COMPANY REGISTRATION AND OPERATOR LICENSING.

  38. Tex. Water Code Sec. 26.0311. STANDARDS FOR CONTROL OF GRAYWATER.

  39. Tex. Water Code Sec. 26.033. RATING OF WASTE DISPOSAL SYSTEMS.

  40. Tex. Water Code Sec. 26.034. APPROVAL OF DISPOSAL SYSTEM PLANS.

  41. Tex. Water Code Sec. 26.0345. DISCHARGE FROM AQUACULTURE FACILITIES.

  42. Tex. Water Code Sec. 26.035. FEDERAL GRANTS. The executive director with the approval of the commission or the executive administrator with the approval of the board, as applicable under this code or other laws, may execute agreements with the United States Environmental Protection Agency or any other federal agency that administers programs providing federal cooperation, assistance, grants, or loans for research, development, investigation, training, planning, studies, programming, and construction related to methods, procedures, and facilities for the collection, treatment, and disposal of waste or other water quality control activities. The commission or board may accept federal funds for these purposes and for other purposes consistent with the objectives of this chapter and may use the funds as prescribed by law or as provided by agreement.

  43. Tex. Water Code Sec. 26.036. WATER QUALITY MANAGEMENT PLANS.

  44. Tex. Water Code Sec. 26.037. APPROVAL OF PLANS.

  45. Tex. Water Code Sec. 26.038. FISCAL CONTROL ON WATER QUALITY MANAGEMENT PLANNING. In administering the program for making grants and loans to and contracting with local governments, regional planning commissions, and planning agencies as authorized in Subsection

  46. Tex. Water Code Sec. 26.039. ACCIDENTAL DISCHARGES AND SPILLS.

  47. Tex. Water Code Sec. 26.040. GENERAL PERMITS.

  48. Tex. Water Code Sec. 26.0405. GENERAL PERMITS FOR CERTAIN SEWAGE TREATMENT AND DISPOSAL SYSTEMS.

  49. Tex. Water Code Sec. 26.0406. GENERAL PERMITS FOR AQUACULTURE; EXEMPTION FOR CLEANING STRUCTURES USED FOR GROWING OYSTERS.

  50. Tex. Water Code Sec. 26.041. HEALTH HAZARDS. The commission may use any means provided by this chapter to prevent a discharge of waste that is injurious to public health.

  51. Tex. Water Code Sec. 26.042. MONITORING AND REPORTING.

  52. Tex. Water Code Sec. 26.043. THE STATE OF TEXAS WATER POLLUTION CONTROL COMPACT.

  53. Tex. Water Code Sec. 26.044. DISPOSAL OF BOAT SEWAGE.

  54. Tex. Water Code Sec. 26.045. PUMP-OUT FACILITIES FOR BOAT SEWAGE.

  55. Tex. Water Code Sec. 26.046. HEARINGS ON PROTECTION OF EDWARDS AQUIFER FROM POLLUTION.

  56. Tex. Water Code Sec. 26.0461. FEES FOR EDWARDS AQUIFER PLANS.

  57. Tex. Water Code Sec. 26.047. PERMIT CONDITIONS AND PRETREATMENT STANDARDS CONCERNING PUBLICLY OWNED TREATMENT WORKS.

  58. Tex. Water Code Sec. 26.048. PROHIBITION OF DISCHARGE TO A PLAYA FROM A CONCENTRATED ANIMAL FEEDING OPERATION.

  59. Tex. Water Code Sec. 26.0481. DISPOSAL OF DAIRY WASTE IN RETENTION FACILITY.

  60. Tex. Water Code Sec. 26.049. SANITARY SEWER OVERFLOWS.

  61. Tex. Water Code Sec. 26.0491. MODEL STANDARDS TO PREVENT DISCHARGE OF UNTREATED WASTEWATER FROM SANITARY SEWERS.

  62. Tex. Water Code Sec. 26.050. DIGITAL COPIES OF BOUNDARY LINES. The commission shall make available to the public digital copies of the Recharge, Transition, and Contributing Zone boundary lines, when they become available.

  63. Tex. Water Code Sec. 26.052. LIMITED LIABILITY FOR AQUATIC HERBICIDE APPLICATION.

  64. Tex. Water Code Sec. 26.053. DON'T MESS WITH TEXAS WATER PROGRAM.

  65. Tex. Water Code Sec. 26.081. REGIONAL OR AREA-WIDE SYSTEMS; GENERAL POLICY.

  66. Tex. Water Code Sec. 26.082. HEARING TO DEFINE AREA OF REGIONAL OR AREA-WIDE SYSTEMS.

  67. Tex. Water Code Sec. 26.083. HEARING TO DESIGNATE SYSTEMS TO SERVE THE AREA DEFINED; ORDER; ELECTION; ETC.

  68. Tex. Water Code Sec. 26.084. ACTIONS AVAILABLE TO COMMISSION AFTER DESIGNATIONS OF SYSTEMS.

  69. Tex. Water Code Sec. 26.085. INCLUSION AT A LATER TIME. Any person or persons who are the subject of an action taken by the commission under Section 26.084 of this code and who are excluded from a regional or area-wide system because the person or persons will suffer undue financial hardship as a result of inclusion in the regional or area-wide system may be added to the system at a later time under the provisions of Section 26.084 of this code.

  70. Tex. Water Code Sec. 26.086. RATES FOR SERVICES BY DESIGNATED SYSTEMS.

  71. Tex. Water Code Sec. 26.087. ELECTION FOR APPROVAL OF REGIONAL OR AREA-WIDE SYSTEM OR SYSTEMS.

  72. Tex. Water Code Sec. 26.121. UNAUTHORIZED DISCHARGES PROHIBITED.

  73. Tex. Water Code Sec. 26.1211. PRETREATMENT EFFLUENT STANDARDS.

  74. Tex. Water Code Sec. 26.127. COMMISSION AS PRINCIPAL AUTHORITY.

  75. Tex. Water Code Sec. 26.128. GROUNDWATER QUALITY. The executive director shall have investigated all matters concerning the quality of groundwater in the state.

  76. Tex. Water Code Sec. 26.129. DUTY OF PARKS AND WILDLIFE DEPARTMENT. The Parks and Wildlife Department and its authorized employees shall enforce the provisions of this chapter to the extent that any violation affects aquatic life and wildlife as provided in Section 7.109.

  77. Tex. Water Code Sec. 26.130. DUTY OF DEPARTMENT OF HEALTH. The Texas Department of Health shall continue to apply the authority vested in it by Chapter 341, Health and Safety Code, in the abatement of nuisances resulting from pollution not otherwise covered by this chapter. The Texas Department of Health shall investigate and make recommendations to the commission concerning the health aspects of matters related to the quality of the water in the state.

  78. Tex. Water Code Sec. 26.131. DUTIES OF RAILROAD COMMISSION.

  79. Tex. Water Code Sec. 26.1311. DUTY OF STATE SOIL AND WATER CONSERVATION BOARD. The State Soil and Water Conservation Board and its authorized agents are responsible for the abatement and prevention of pollution resulting from agricultural or silvicultural nonpoint source pollution as provided by Section 201.026, Agriculture Code.

  80. Tex. Water Code Sec. 26.132. EVAPORATION PITS REQUIREMENTS.

  81. Tex. Water Code Sec. 26.135. EFFECT ON OTHER LAWS.

  82. Tex. Water Code Sec. 26.137. COMMENT PERIOD FOR EDWARDS AQUIFER PROTECTION PLANS. The commission shall provide for a 30-day comment period in the review process for Edwards Aquifer Protection Plans in the Contributing Zone of the Edwards Aquifer as provided in 30 T.A.C. Section 213.4(a)(2).

  83. Tex. Water Code Sec. 26.171. INSPECTION OF PUBLIC WATER. A local government may inspect the public water in its area and determine whether or not:

  84. Tex. Water Code Sec. 26.172. RECOMMENDATIONS TO COMMISSION. A local government may make written recommendations to the commission as to what in its judgment the water quality standards should be for any public water within its territorial jurisdiction.

  85. Tex. Water Code Sec. 26.173. POWER TO ENTER PROPERTY.

  86. Tex. Water Code Sec. 26.175. COOPERATIVE AGREEMENTS.

  87. Tex. Water Code Sec. 26.176. DISPOSAL SYSTEM RULES.

  88. Tex. Water Code Sec. 26.177. WATER POLLUTION CONTROL DUTIES OF CITIES.

  89. Tex. Water Code Sec. 26.178. FINANCIAL ASSISTANCE DEPENDENT ON WATER QUALITY PROGRAMS. All financial assistance from the board to a city having a population of 5,000 or more inhabitants shall be conditioned on the city submitting to the commission for review and in accordance with rules and submission schedules promulgated by the commission a water pollution control and abatement program as required by Section 26.177 of this code. The board may award grants from the research and planning fund of the water assistance fund to river authorities seeking such funds for purposes of performing regional water quality assessments described in Section 26.0135 of this code.

  90. Tex. Water Code Sec. 26.179. DESIGNATION OF WATER QUALITY PROTECTION ZONES IN CERTAIN AREAS.

  91. Tex. Water Code Sec. 26.180. NONPOINT SOURCE WATER POLLUTION CONTROL PROGRAMS OF CERTAIN MUNICIPALITIES.

  92. Tex. Water Code Sec. 26.215. PEACE OFFICERS. For purposes of this subchapter, the authorized agents and employees of the Parks and Wildlife Department are constituted peace officers. These agents and employees are empowered to enforce the provisions of this subchapter the same as any other peace officer, and for such purpose shall have the powers and duties of peace officers as set forth in the Code of Criminal Procedure, 1965, as amended.

  93. Tex. Water Code Sec. 26.2171. VENUE. An offense under this subchapter may be prosecuted in a county in which an element of the offense was committed or a county to which or through which the discharge, waste, or pollutant was transported.

  94. Tex. Water Code Sec. 26.261. SHORT TITLE. This subchapter may be cited as the Texas Hazardous Substances Spill Prevention and Control Act.

  95. Tex. Water Code Sec. 26.262. POLICY AND CONSTRUCTION. It is the policy of this state to prevent the spill or discharge of hazardous substances into the waters in the state and to cause the removal of such spills and discharges without undue delay. This subchapter shall be construed to conform with Chapter 40, Natural Resources Code.

  96. Tex. Water Code Sec. 26.263. DEFINITIONS. As used in this subchapter:

  97. Tex. Water Code Sec. 26.264. ADMINISTRATIVE PROVISIONS.

  98. Tex. Water Code Sec. 26.265. TEXAS SPILL RESPONSE ACCOUNT.

  99. Tex. Water Code Sec. 26.266. REMOVAL OF SPILL OR DISCHARGE.

  100. Tex. Water Code Sec. 26.267. EXEMPTIONS.

  101. Tex. Water Code Sec. 26.301. DEFINITIONS. In this subchapter:

  102. Tex. Water Code Sec. 26.302. REGULATION OF POULTRY FACILITIES.

  103. Tex. Water Code Sec. 26.303. HANDLING AND DISPOSAL OF POULTRY CARCASSES.

  104. Tex. Water Code Sec. 26.304. RECORDS OF SALE, PURCHASE, TRANSFER, OR APPLICATION OF POULTRY LITTER.

  105. Tex. Water Code Sec. 26.305. INSPECTION OF RECORDS. The commission may inspect any record required to be maintained under this subchapter.

  106. Tex. Water Code Sec. 26.341. PURPOSE.

  107. Tex. Water Code Sec. 26.342. DEFINITIONS. In this subchapter:

  108. Tex. Water Code Sec. 26.343. REGULATED SUBSTANCES.

  109. Tex. Water Code Sec. 26.344. EXEMPTIONS.

  110. Tex. Water Code Sec. 26.3441. ABOVEGROUND STORAGE TANKS.

  111. Tex. Water Code Sec. 26.3442. PERFORMANCE STANDARDS FOR SAFETY AT STORAGE VESSELS.

  112. Tex. Water Code Sec. 26.3443. CERTAIN COMMISSION EXEMPTIONS AND RULES; AMENDMENTS AND ALTERNATIVE STANDARDS.

  113. Tex. Water Code Sec. 26.3444. CERTIFICATION FEE.

  114. Tex. Water Code Sec. 26.3445. LOCATION OF INTERMEDIATE BULK CONTAINER RECYCLING FACILITY.

  115. Tex. Water Code Sec. 26.345. ADMINISTRATIVE PROVISIONS.

  116. Tex. Water Code Sec. 26.346. REGISTRATION REQUIREMENTS.

  117. Tex. Water Code Sec. 26.3465. FAILURE OR REFUSAL TO PROVIDE PROOF OF REGISTRATION OR CERTIFICATION OF COMPLIANCE. An owner or operator of an underground storage tank who fails or refuses to provide, on request of the commission, proof of registration of or certification of compliance for an underground storage tank is liable for a civil penalty under Subchapter D, Chapter 7.

  118. Tex. Water Code Sec. 26.3467. DUTY TO ENSURE CERTIFICATION OF TANK BEFORE DELIVERY.

  119. Tex. Water Code Sec. 26.347. TANK STANDARDS.

  120. Tex. Water Code Sec. 26.3475. RELEASE DETECTION REQUIREMENTS; SPILL AND OVERFILL PREVENTION; CORROSION PROTECTION; NOTICE OF VIOLATION; SHUTDOWN.

  121. Tex. Water Code Sec. 26.3476. SECONDARY CONTAINMENT REQUIRED FOR TANKS LOCATED OVER CERTAIN AQUIFERS.

  122. Tex. Water Code Sec. 26.348. LEAK DETECTION AND RECORD MAINTENANCE. The commission shall adopt standards of performance for maintaining a leak detection system, an inventory control system together with tank testing, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and the environment. In addition, the commission shall adopt requirements for maintaining records of any leak detection monitoring that includes inventory control or tank testing system or comparable system.

  123. Tex. Water Code Sec. 26.349. REPORTING OF RELEASES AND CORRECTIVE ACTION.

  124. Tex. Water Code Sec. 26.350. TANK CLOSURE REQUIREMENTS. The commission shall adopt requirements for the closure of tanks, including the removal, disposal, or removal and disposal of tanks to prevent future releases of regulated substances into the environment.

  125. Tex. Water Code Sec. 26.351. CORRECTIVE ACTION.

  126. Tex. Water Code Sec. 26.3511. CORRECTIVE ACTION BY THE COMMISSION.

  127. Tex. Water Code Sec. 26.3512. OWNER OR OPERATOR RESPONSIBILITY; LIMITATIONS ON ACCOUNT PAYMENTS FOR CORRECTIVE ACTION.

  128. Tex. Water Code Sec. 26.3513. LIABILITY AND COSTS: MULTIPLE OWNERS AND OPERATORS.

  129. Tex. Water Code Sec. 26.3514. LIMITS ON LIABILITY OF LENDER.

  130. Tex. Water Code Sec. 26.3515. LIMITS ON LIABILITY OF CORPORATE FIDUCIARY.

  131. Tex. Water Code Sec. 26.3516. LIMITS ON LIABILITY OF TAXING UNIT.

  132. Tex. Water Code Sec. 26.352. FINANCIAL RESPONSIBILITY.

  133. Tex. Water Code Sec. 26.354. EMERGENCY ORDERS. The commission may issue an emergency order to an owner or operator of an underground or aboveground storage tank under Section 5.510.

  134. Tex. Water Code Sec. 26.355. RECOVERY OF COSTS.

  135. Tex. Water Code Sec. 26.356. INSPECTIONS, MONITORING, AND TESTING.

  136. Tex. Water Code Sec. 26.357. STANDARDS AND RULES.

  137. Tex. Water Code Sec. 26.3571. ELIGIBLE OWNER OR OPERATOR.

  138. Tex. Water Code Sec. 26.3572. GROUNDWATER PROTECTION CLEANUP PROGRAM.

  139. Tex. Water Code Sec. 26.3573. PETROLEUM STORAGE TANK REMEDIATION ACCOUNT.

  140. Tex. Water Code Sec. 26.35731. CONSIDERATION AND PROCESSING OF APPLICATIONS FOR REIMBURSEMENT.

  141. Tex. Water Code Sec. 26.35735. CLAIMS AUDIT.

  142. Tex. Water Code Sec. 26.3574. FEE ON DELIVERY OF CERTAIN PETROLEUM PRODUCTS.

  143. Tex. Water Code Sec. 26.358. COLLECTION, USE, AND DISPOSITION OF STORAGE TANK FEES AND OTHER REVENUES.

  144. Tex. Water Code Sec. 26.359. LOCAL REGULATION OR ORDINANCE.

  145. Tex. Water Code Sec. 26.360. PRIVATIZATION OF PROGRAM. Notwithstanding other provisions of this subchapter, the commission by rule may authorize the privatization of any part of the program established under this subchapter.

  146. Tex. Water Code Sec. 26.361. EXPIRATION OF REIMBURSEMENT PROGRAM. Notwithstanding any other provision of this subchapter, the reimbursement program established under this subchapter expires September 1, 2012. On or after September 1, 2012, the commission may not use money from the petroleum storage tank remediation account to reimburse an eligible owner or operator for any expenses of corrective action or to pay the claim of a person who has contracted with an eligible owner or operator to perform corrective action.

  147. Tex. Water Code Sec. 26.362. SUIT TO TEST VALIDITY OF CLOSURE LETTER. The commission is immune from liability in any action against the commission to test the validity of a closure letter issued under Section 26.3572 if the letter is issued in accordance with commission rules.

  148. Tex. Water Code Sec. 26.363. RELIANCE ON CLOSURE LETTER. An owner or operator to whom a closure letter for a site has been issued under Section 26.3572 may not be held liable for the owner's or operator's conduct taken in reliance on and within the scope of the closure letter.

  149. Tex. Water Code Sec. 26.364. REGISTRATION OF PERSONS WHO CONTRACT TO PERFORM CORRECTIVE ACTION.

  150. Tex. Water Code Sec. 26.365. REGISTRATION OF GEOSCIENTISTS WHO CONTRACT TO PERFORM CORRECTIVE ACTION.

  151. Tex. Water Code Sec. 26.366. LICENSURE OF PERSONS WHO SUPERVISE CORRECTIVE ACTIONS.

  152. Tex. Water Code Sec. 26.367. LICENSURE OF GEOSCIENTISTS WHO SUPERVISE CORRECTIVE ACTIONS.

  153. Tex. Water Code Sec. 26.401. LEGISLATIVE FINDINGS.

  154. Tex. Water Code Sec. 26.402. DEFINITION. In this subchapter, "committee" means the Texas Groundwater Protection Committee.

  155. Tex. Water Code Sec. 26.403. CREATION AND MEMBERSHIP OF TEXAS GROUNDWATER PROTECTION COMMITTEE.

  156. Tex. Water Code Sec. 26.404. ADMINISTRATION.

  157. Tex. Water Code Sec. 26.405. POWERS AND DUTIES OF COMMITTEE. The committee shall, on a continuing basis:

  158. Tex. Water Code Sec. 26.406. GROUNDWATER CONTAMINATION INFORMATION AND REPORTS; RULES.

  159. Tex. Water Code Sec. 26.407. PROTECTION AND ENHANCEMENT PLANS.

  160. Tex. Water Code Sec. 26.408. NOTICE OF GROUNDWATER CONTAMINATION.

  161. Tex. Water Code Sec. 26.451. DEFINITIONS. In this subchapter:

  162. Tex. Water Code Sec. 26.452. UNDERGROUND STORAGE TANK CONTRACTOR.

  163. Tex. Water Code Sec. 26.456. UNDERGROUND STORAGE TANK ON-SITE SUPERVISOR LICENSING.

  164. Tex. Water Code Sec. 26.501. DEFINITIONS. In this subchapter:

  165. Tex. Water Code Sec. 26.502. APPLICABILITY. This subchapter applies only to a feeding operation confining cattle that have been or may be used for dairy purposes, or otherwise associated with a dairy, including cows, calves, and bulls, in a major sole source impairment zone. In this subchapter, "major sole source impairment zone" means a watershed that contains a reservoir:

  166. Tex. Water Code Sec. 26.503. REGULATION OF CERTAIN CONCENTRATED ANIMAL FEEDING OPERATION WASTES.

  167. Tex. Water Code Sec. 26.504. WASTE APPLICATION FIELD SOIL SAMPLING AND TESTING.

  168. Tex. Water Code Sec. 26.551. DEFINITIONS. In this subchapter:

  169. Tex. Water Code Sec. 26.552. APPLICABILITY; PILOT PROGRAM.

  170. Tex. Water Code Sec. 26.553. REGULATION OF QUARRIES WITHIN WATER QUALITY PROTECTION AREA.

  171. Tex. Water Code Sec. 26.554. FINANCIAL RESPONSIBILITY FOR DISCHARGES OF CERTAIN WASTES WITHIN WATER QUALITY PROTECTION AREA.

  172. Tex. Water Code Sec. 26.555. INSPECTIONS OF AND SAMPLING OF WATER IN PILOT PROGRAM AREAS.

  173. Tex. Water Code Sec. 26.556. UNAUTHORIZED DISCHARGES OF CERTAIN WASTES WITHIN WATER QUALITY PROTECTION AREA; ENFORCEMENT.

  174. Tex. Water Code Sec. 26.557. EMERGENCY ORDERS. The commission may issue a temporary or emergency order under Section 5.509 relating to a discharge of waste or pollutants from a quarry in a water quality protection area.

  175. Tex. Water Code Sec. 26.558. RECOVERY OF COSTS FOR UNAUTHORIZED DISCHARGES WITHIN WATER QUALITY PROTECTION AREA. If the commission has incurred any costs in undertaking a corrective or enforcement action with respect to an unauthorized discharge from a quarry under this subchapter, including a reclamation or restoration action, the responsible party is liable to the state for all reasonable costs of the corrective or enforcement action, including court costs and reasonable attorney's fees, and for any punitive damages that may be assessed by the court.

  176. Tex. Water Code Sec. 26.559. RECLAMATION AND RESTORATION FUND ACCOUNT.

  177. Tex. Water Code Sec. 26.560. COOPERATION WITH OTHER STATE AGENCIES.

  178. Tex. Water Code Sec. 26.562. EXPIRATION. This subchapter expires September 1, 2027.

Chapter 27

  1. Tex. Water Code Sec. 27.001. SHORT TITLE. This chapter may be cited as the Injection Well Act.

  2. Tex. Water Code Sec. 27.002. DEFINITIONS. In this chapter:

  3. Tex. Water Code Sec. 27.003. POLICY AND PURPOSE. It is the policy of this state and the purpose of this chapter to maintain the quality of fresh water in the state to the extent consistent with the public health and welfare and the operation of existing industries, taking into consideration the economic development of the state, to prevent underground injection that may pollute fresh water, and to require the use of all reasonable methods to implement this policy.

  4. Tex. Water Code Sec. 27.011. PERMIT FROM COMMISSION. Unless the activity is subject to the jurisdiction of the railroad commission or authorized by a rule of the commission, no person may continue utilizing an injection well or begin drilling an injection well or converting an existing well into an injection well to dispose of industrial and municipal waste, to extract minerals, or to inject a fluid without first obtaining a permit from the commission.

  5. Tex. Water Code Sec. 27.012. APPLICATION FOR PERMIT.

  6. Tex. Water Code Sec. 27.013. INFORMATION REQUIRED OF APPLICANT. An applicant shall furnish any information the executive director considers necessary to discharge his duties under this chapter and the rules of the commission.

  7. Tex. Water Code Sec. 27.014. APPLICATION FEE. With each application for a disposal well permit, the commission shall collect a fee in the amount provided by and under the terms of Section 5.701.

  8. Tex. Water Code Sec. 27.015. LETTER FROM RAILROAD COMMISSION.

  9. Tex. Water Code Sec. 27.016. INSPECTION OF WELL LOCATION.

  10. Tex. Water Code Sec. 27.017. RECOMMENDATIONS FROM OTHER ENTITIES.

  11. Tex. Water Code Sec. 27.018. HEARING ON PERMIT APPLICATION.

  12. Tex. Water Code Sec. 27.019. RULES, ETC.

  13. Tex. Water Code Sec. 27.020. MINING OF SULFUR. The commission is authorized to develop a regulatory program with respect to the injection of fluid associated with the mining of sulfur by the Frasch process in accordance with the provisions of this chapter. The commission may not impose any requirements more stringent than those promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal Safe Drinking Water Act, 42 U.S.C. 300h et seq., as amended, unless the commission determines that more stringent regulations are necessary to protect human health or the environment.

  14. Tex. Water Code Sec. 27.021. PERMIT FOR DISPOSAL OF BRINE FROM DESALINATION OPERATIONS OR OF DRINKING WATER TREATMENT RESIDUALS IN CLASS I INJECTION WELLS.

  15. Tex. Water Code Sec. 27.023. JURISDICTION OVER IN SITU URANIUM APPLICATION DEVELOPMENT AND OPERATIONS.

  16. Tex. Water Code Sec. 27.024. SHARING OF GEOLOGIC, HYDROLOGIC, AND WATER QUALITY DATA.

  17. Tex. Water Code Sec. 27.025. GENERAL PERMIT AUTHORIZING USE OF CLASS I INJECTION WELL TO INJECT NONHAZARDOUS BRINE FROM DESALINATION OPERATIONS OR NONHAZARDOUS DRINKING WATER TREATMENT RESIDUALS.

  18. Tex. Water Code Sec. 27.026. DUAL AUTHORIZATION OF INJECTION WELLS TO INJECT NONHAZARDOUS BRINE FROM DESALINATION OPERATIONS OR NONHAZARDOUS DRINKING WATER TREATMENT RESIDUALS.

  19. Tex. Water Code Sec. 27.031. PERMIT FROM RAILROAD COMMISSION; CRIMINAL PENALTY.

  20. Tex. Water Code Sec. 27.032. INFORMATION REQUIRED OF APPLICANT. The railroad commission shall require an applicant to furnish any information the railroad commission considers necessary to discharge its duties under this chapter.

  21. Tex. Water Code Sec. 27.0321. APPLICATION FEE.

  22. Tex. Water Code Sec. 27.033. LETTER OF DETERMINATION. A person making application to the railroad commission for a permit under this chapter shall submit with the application a letter of determination from the railroad commission stating that drilling and using the disposal well and injecting oil and gas waste into the subsurface stratum will not endanger the freshwater strata in that area and that the formation or stratum to be used for the disposal is not freshwater sand.

  23. Tex. Water Code Sec. 27.034. RAILROAD COMMISSION RULES, ETC.

  24. Tex. Water Code Sec. 27.035. JURISDICTION OVER IN SITU RECOVERY OF TAR SANDS.

  25. Tex. Water Code Sec. 27.036. JURISDICTION OVER BRINE MINING.

  26. Tex. Water Code Sec. 27.037. JURISDICTION OVER CLOSED-LOOP GEOTHERMAL INJECTION WELLS.

  27. Tex. Water Code Sec. 27.040. DEFINITION. In this subchapter, "offshore" means the area in the Gulf of Mexico seaward of the coast that is within three marine leagues of the coast.

  28. Tex. Water Code Sec. 27.041. JURISDICTION.

  29. Tex. Water Code Sec. 27.042. APPLICABILITY. This subchapter does not apply to the injection of fluid through the use of a Class II injection well as defined by 40 C.F.R. Section 144.6(b) for the primary purpose of enhanced recovery operations.

  30. Tex. Water Code Sec. 27.043. PERMIT FROM RAILROAD COMMISSION.

  31. Tex. Water Code Sec. 27.044. INFORMATION REQUIRED OF APPLICANT. The railroad commission shall require an applicant to provide any information the railroad commission considers necessary to discharge its duties under this subchapter.

  32. Tex. Water Code Sec. 27.045. FEES.

  33. Tex. Water Code Sec. 27.046. LETTER OF DETERMINATION FROM RAILROAD COMMISSION.

  34. Tex. Water Code Sec. 27.0461. LETTER OF DETERMINATION FROM COMMISSION. A person making an application to the railroad commission for a permit under this subchapter shall submit with the application a letter of determination from the commission concluding that drilling and operating an anthropogenic carbon dioxide injection well for geologic storage or constructing or operating a geologic storage facility will not impact or interfere with any previous or existing Class I injection well, including any associated waste plume, or any other injection well authorized or permitted by the commission.

  35. Tex. Water Code Sec. 27.047. RULES. The railroad commission shall adopt rules and procedures reasonably required for the performance of its powers, duties, and functions under this subchapter, including rules for:

  36. Tex. Water Code Sec. 27.048. CONSISTENCY WITH AND IMPLEMENTATION OF FEDERAL REQUIREMENTS.

  37. Tex. Water Code Sec. 27.049. MEMORANDUM OF UNDERSTANDING. The commission and the railroad commission, as necessary to comply with this subchapter, by rule shall:

  38. Tex. Water Code Sec. 27.050. FINANCIAL RESPONSIBILITY.

  39. Tex. Water Code Sec. 27.051. ISSUANCE OF PERMIT.

  40. Tex. Water Code Sec. 27.0511. CONDITIONS OF CERTAIN PERMITS.

  41. Tex. Water Code Sec. 27.0513. AREA PERMITS AND PRODUCTION AREAS FOR URANIUM MINING.

  42. Tex. Water Code Sec. 27.0515. FACILITIES REQUIRED TO OBTAIN FEDERAL APPROVAL. For a commercial hazardous waste disposal well facility originally permitted by the commission after June 7, 1991, and which is required to obtain from the United States Environmental Protection Agency a variance from the federal land disposal restrictions before injecting permitted hazardous wastes:

  43. Tex. Water Code Sec. 27.0516. PERMITS FOR INJECTION WELLS THAT TRANSECT OR TERMINATE IN PORTION OF EDWARDS AQUIFER WITHIN EXTERNAL BOUNDARIES OF BARTON SPRINGS-EDWARDS AQUIFER CONSERVATION DISTRICT.

  44. Tex. Water Code Sec. 27.052. COPIES OF PERMIT; FILING REQUIREMENTS.

  45. Tex. Water Code Sec. 27.053. RECORD OF STRATA. The commission or railroad commission may require a person receiving a permit or authorization by rule under this chapter to keep and furnish a complete and accurate record of the depth, thickness, and character of the different strata penetrated in drilling an injection well, monitoring well, or production well.

  46. Tex. Water Code Sec. 27.054. ELECTRIC OR DRILLING LOG. If an existing well is to be converted to an injection well, monitoring well, or production well, the commission or railroad commission may require the applicant to furnish an electric log or a drilling log of the existing well.

  47. Tex. Water Code Sec. 27.055. CASING REQUIREMENTS. The casing shall be set at the depth, with the materials, and in the manner required by the commission or railroad commission.

  48. Tex. Water Code Sec. 27.056. FACTORS IN SETTING CASING DEPTH. Before setting the depth to which casing shall be installed, the commission or railroad commission shall consider:

  49. Tex. Water Code Sec. 27.071. POWER TO ENTER PROPERTY. Members of the commission and the railroad commission and employees of the commission and the railroad commission may enter public or private property to inspect and investigate conditions relating to injection well, monitoring well, disposal well, production well, or geologic storage activities within their respective jurisdictions or to monitor compliance with a rule, permit, or other order of the commission or railroad commission. Members or employees acting under the authority of this section who enter an establishment on public or private property shall observe the establishment's safety, internal security, and fire protection rules.

  50. Tex. Water Code Sec. 27.072. POWER TO EXAMINE RECORDS. Members of the commission and the railroad commission and employees of the commission and railroad commission may examine and copy those records or memoranda of a business they are investigating as provided by Section 27.071 that relate to the operation of an injection well, monitoring well, disposal well, production well, or geologic storage facility, or any other records required to be maintained by law.

  51. Tex. Water Code Sec. 27.073. FINANCIAL RESPONSIBILITY.

  52. Tex. Water Code Sec. 27.101. CIVIL PENALTY.

  53. Tex. Water Code Sec. 27.1011. ADMINISTRATIVE PENALTY.

  54. Tex. Water Code Sec. 27.1012. PENALTY ASSESSMENT PROCEDURE.

  55. Tex. Water Code Sec. 27.1013. PAYMENT OF PENALTY; REFUND.

  56. Tex. Water Code Sec. 27.1014. RECOVERY OF PENALTY. Civil penalties owed under Sections 27.1011-27.1013 of this code may be recovered in a civil action brought by the attorney general at the request of the railroad commission.

  57. Tex. Water Code Sec. 27.102. INJUNCTION, ETC.

  58. Tex. Water Code Sec. 27.103. PROCEDURE.

  59. Tex. Water Code Sec. 27.104. EFFECT OF PERMIT ON CIVIL LIABILITY. The fact that a person has a permit issued under this chapter does not relieve him from any civil liability.

  60. Tex. Water Code Sec. 27.105. CRIMINAL FINES.

  61. Tex. Water Code Sec. 27.151. DEFINITIONS. In this subchapter:

  62. Tex. Water Code Sec. 27.152. JURISDICTION. The commission has exclusive jurisdiction over the regulation and permitting of ASR injection wells.

  63. Tex. Water Code Sec. 27.153. AUTHORIZATION FOR USE OF CLASS V INJECTION WELLS.

  64. Tex. Water Code Sec. 27.154. TECHNICAL STANDARDS.

  65. Tex. Water Code Sec. 27.155. REPORTING OF INJECTION AND RECOVERY VOLUMES.

  66. Tex. Water Code Sec. 27.156. REPORTING OF WATER QUALITY DATA. A project operator shall:

  67. Tex. Water Code Sec. 27.157. OTHER LAWS NOT AFFECTED.

  68. Tex. Water Code Sec. 27.201. DEFINITIONS. In this subchapter:

  69. Tex. Water Code Sec. 27.202. JURISDICTION.

  70. Tex. Water Code Sec. 27.203. AUTHORIZATION FOR USE OF CLASS V INJECTION WELLS.

  71. Tex. Water Code Sec. 27.204. TECHNICAL STANDARDS.

  72. Tex. Water Code Sec. 27.205. REPORTING OF INJECTION VOLUMES.

  73. Tex. Water Code Sec. 27.206. REPORTING OF WATER QUALITY DATA. A project operator shall:

  74. Tex. Water Code Sec. 27.207. OTHER LAWS NOT AFFECTED.

Chapter 28

  1. Tex. Water Code Sec. 28.001. DEFINITIONS. In this chapter:

  2. Tex. Water Code Sec. 28.011. UNDERGROUND WATER: REGULATIONS. Except as otherwise provided by this code, the commission may make and enforce rules and regulations for protecting and preserving the quality of underground water.

  3. Tex. Water Code Sec. 28.012. CERTAIN WELLS TO BE PLUGGED OR CASED. The owner of a water well which encounters salt water or water containing mineral or other substances injurious to vegetation or agriculture shall securely plug or case the well in a manner that will effectively prevent the water from escaping from the stratum in which it is found into another water-bearing stratum or onto the surface of the ground.

  4. Tex. Water Code Sec. 28.021. PERMIT FROM COMMISSION. No person desiring to drill, excavate, or otherwise construct a shaft as defined in this chapter may commence construction without first obtaining a permit for such work from the commission.

  5. Tex. Water Code Sec. 28.022. APPLICATION FOR PERMIT. The commission shall prescribe forms for application for a permit and shall make the forms available on request without charge.

  6. Tex. Water Code Sec. 28.023. INFORMATION REQUIRED OF APPLICANT. An applicant shall furnish any information the commission considers necessary to discharge its duties under this chapter and the rules of the commission.

  7. Tex. Water Code Sec. 28.024. APPLICATION FEE. With each application for a shaft permit, the commission shall collect a fee as set by the executive director to reasonably offset the costs to the commission for processing the application. The fee may not be less than $10,000.

  8. Tex. Water Code Sec. 28.025. LETTER FROM RAILROAD COMMISSION. A person making application to the commission for a shaft permit shall submit with the application a letter from the railroad commission stating that such shaft construction will not endanger or injure any oil or gas formation or significantly limit the potential for future recovery of or exploration for oil or gas.

  9. Tex. Water Code Sec. 28.026. INSPECTION OF SHAFT LOCATION. On receiving an application for a permit, the executive director shall have an inspection made of the location of the proposed shaft to determine the local conditions and probable effect of the shaft on water in the state and shall determine the requirements for setting of casing, liners, and seals as provided in Sections 28.030, 28.036, and 28.037 of this chapter.

  10. Tex. Water Code Sec. 28.027. RECOMMENDATIONS FROM OTHER AGENCIES. The executive director shall submit to such state agencies and other persons that the commission may designate copies of every application received in proper form. These agencies, persons, and divisions may make recommendations to the commission concerning any aspect of the application and shall have reasonable time to do so as the commission may prescribe.

  11. Tex. Water Code Sec. 28.028. HEARING ON PERMIT APPLICATION.

  12. Tex. Water Code Sec. 28.029. DELEGATION OF HEARING POWERS.

  13. Tex. Water Code Sec. 28.030. RULES, ETC.

  14. Tex. Water Code Sec. 28.031. ISSUANCE OF PERMIT.

  15. Tex. Water Code Sec. 28.032. COPIES OF PERMIT; FILING REQUIREMENTS.

  16. Tex. Water Code Sec. 28.033. RECORD OF STRATA.

  17. Tex. Water Code Sec. 28.034. GEOPHYSICAL AND DRILLING LOG. If the shaft is to be constructed over, around, or within 2,000 feet of an existing drilled borehole or boreholes, the commission shall require the applicant for a shaft permit to furnish such geophysical logs as may be required by the commission, including electric logs, and the drilling log and well completion record of all existing boreholes to the commission, along with a complete and accurate core data record of the depth, thickness, and character of the different strata or rock units penetrated as a part of the shaft application.

  18. Tex. Water Code Sec. 28.035. SEISMIC REFLECTION SURVEY. The commission shall require as a part of any shaft application a seismic reflection survey and velocity control data conforming, at minimum, to specifications established by the commission in the rules provided for in Subsection

  19. Tex. Water Code Sec. 28.036. CASING, LINER, AND SEAL REQUIREMENTS.

  20. Tex. Water Code Sec. 28.037. FACTORS IN SETTING CASING, LINER, AND SEAL REQUIREMENTS. Before setting the casing, liner, and seal requirements, the commission shall consider:

  21. Tex. Water Code Sec. 28.038. ENVIRONMENTAL REPORT. If an environmental report, environmental assessment, or environmental impact statement of any kind that includes an analysis of the environmental impacts of the shaft construction or operation is required by any federal or state agency before approval to construct the shaft, the environmental document, along with evidence of the needed approvals that have been granted, must be submitted to the commission as part of the shaft permit application, and the commission shall make the environmental document available for public review and comment for a period of not less than 30 days before the application for the shaft permit is considered.

  22. Tex. Water Code Sec. 28.051. POWER TO ENTER PROPERTY. Members of the commission, employees and agents of the commission, and authorized agents or employees of local governments may enter public or private property at any time to inspect and investigate conditions relating to shaft activities or to monitor compliance with a rule, permit, or other order of the commission. Members, employees, or agents acting under the authority of this section who enter an establishment on public or private property shall observe the establishment's safety, internal security, and fire protection rules.

  23. Tex. Water Code Sec. 28.052. POWER TO EXAMINE RECORDS. Members of the commission, employees and agents of the commission, and authorized agents or employees of local governments may examine and copy those records or memoranda of a shaft permittee or his contractors they are investigating or monitoring as provided by Section 28.051 of this chapter that relate to the construction and operation of a shaft or any other records required to be maintained by law.

  24. Tex. Water Code Sec. 28.053. FINANCIAL RESPONSIBILITY.

  25. Tex. Water Code Sec. 28.101. DEFINITIONS. In this subchapter:

  26. Tex. Water Code Sec. 28.102. APPLICABILITY OF SUBCHAPTER. This subchapter applies only to a district in a county that:

  27. Tex. Water Code Sec. 28.103. LEAKING WATER WELLS FUND.

  28. Tex. Water Code Sec. 28.104. LEAKING WATER WELLS PROGRAM. The commission shall establish and administer the leaking water wells program to plug leaking water wells. Under the program, the commission shall provide grants to districts for eligible projects to offset the cost of plugging leaking water wells.

  29. Tex. Water Code Sec. 28.105. APPLICATION FOR GRANT.

  30. Tex. Water Code Sec. 28.106. ELIGIBILITY OF PROJECTS FOR GRANTS; PRIORITIZATION.

  31. Tex. Water Code Sec. 28.107. RESTRICTION ON USE OF GRANT.

Chapter 29

  1. Tex. Water Code Sec. 29.001. SHORT TITLE. This chapter may be cited as the Oil and Gas Waste Haulers Act.

  2. Tex. Water Code Sec. 29.002. DEFINITIONS. In this chapter:

  3. Tex. Water Code Sec. 29.011. APPLICATION FOR PERMIT. Any person may apply to the railroad commission for a permit to haul and dispose of oil and gas waste.

  4. Tex. Water Code Sec. 29.012. APPLICATION FORM. The railroad commission shall prescribe a form on which an application for a permit may be made and shall provide the form to any person who wishes to submit an application.

  5. Tex. Water Code Sec. 29.013. CONTENTS OF APPLICATION. The application for a permit shall:

  6. Tex. Water Code Sec. 29.014. REJECTING AN APPLICATION. If an application for a permit does not comply with Section 29.013 of this code or with reasonable rules of the railroad commission, the railroad commission may reject the application.

  7. Tex. Water Code Sec. 29.015. APPLICATION FEE. With each application for issuance, renewal, or material amendment of a permit, the applicant shall submit to the railroad commission a nonrefundable fee of $100. Fees collected under this section shall be deposited in the oil and gas regulation and cleanup fund.

  8. Tex. Water Code Sec. 29.018. SUSPENSION; REFUSAL TO RENEW. The railroad commission may suspend or refuse to renew a permit for a period not to exceed one year if the permittee:

  9. Tex. Water Code Sec. 29.019. APPEAL. Any person whose permit application is refused, whose permit is suspended, or whose application for permit renewal is refused by the railroad commission may file a petition in an action to set aside the railroad commission's act within the 30-day period immediately following the day he receives notice of the railroad commission's action.

  10. Tex. Water Code Sec. 29.020. SUIT TO COMPEL RAILROAD COMMISSION TO ACT. If the railroad commission does not act within a reasonable time after a person applies for a permit or for renewal of a permit, the applicant may notify the railroad commission of his intention to file suit. After 10 days have elapsed since the day the notice was given, the applicant may file a petition in an action to compel the railroad commission to show cause why it should not be directed by the court to take immediate action.

  11. Tex. Water Code Sec. 29.021. VENUE. The venue in actions under Sections 29.019 and 29.020 of this code is fixed exclusively in the district courts of Travis County.

  12. Tex. Water Code Sec. 29.031. RULEMAKING POWER. The railroad commission shall adopt rules to effectuate the provisions of this chapter.

  13. Tex. Water Code Sec. 29.032. COPIES OF RULES. The railroad commission shall print the rules and provide copies to persons who apply for them.

  14. Tex. Water Code Sec. 29.033. EFFECTIVE DATE OF RULES. No rule or amendment to a rule is effective until after the 30-day period immediately following the day on which a copy of the rule is filed with the Secretary of State.

  15. Tex. Water Code Sec. 29.034. ACCESS TO PROPERTY. Members and employees of the railroad commission, on proper identification, may enter public or private property to inspect and investigate conditions relating to the hauling of oil and gas waste, to monitor compliance with a rule, permit, or other order of the railroad commission, or to examine and copy, during reasonable working hours, those records or memoranda of the business being investigated. Members or employees acting under the authority of this section who enter an establishment on public or private property shall observe the establishment's posted safety, internal security, and fire protection rules.

  16. Tex. Water Code Sec. 29.041. HAULING WITHOUT PERMIT. No hauler may haul or dispose of oil and gas waste off the lease, unit, or other oil or gas property where it is generated unless the hauler has a permit issued under this chapter.

  17. Tex. Water Code Sec. 29.042. EXCEPTIONS.

  18. Tex. Water Code Sec. 29.043. USING HAULERS WITHOUT PERMIT. No person may knowingly utilize the services of a hauler to haul or dispose of oil and gas waste off the lease, unit, or other oil or gas property where it is generated if the hauler does not have a permit as required under this chapter.

  19. Tex. Water Code Sec. 29.044. DISPOSING OF OIL AND GAS WASTE.

  20. Tex. Water Code Sec. 29.045. USE OF UNMARKED VEHICLES. No person who is required to have a permit under this chapter may haul oil and gas waste in a vehicle that does not bear the owner's name and the hauler's permit number. This information shall appear on both sides and the rear of the vehicle in characters not less than three inches high.

  21. Tex. Water Code Sec. 29.046. PENALTY. A person who violates any provision of this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $100 nor more than $1,000 or by confinement in the county jail for not more than 10 days or by both.

  22. Tex. Water Code Sec. 29.047. ADMINISTRATIVE PENALTY.

  23. Tex. Water Code Sec. 29.048. PENALTY ASSESSMENT PROCEDURE.

  24. Tex. Water Code Sec. 29.049. PAYMENT OF PENALTY; REFUND.

  25. Tex. Water Code Sec. 29.050. RECOVERY OF PENALTY. Civil penalties owed under Sections 29.047-29.049 of this code may be recovered in a civil action brought by the attorney general at the request of the railroad commission.

  26. Tex. Water Code Sec. 29.051. CIVIL PENALTY.

  27. Tex. Water Code Sec. 29.052. INJUNCTION. The railroad commission may enforce this chapter, a valid rule or order made under this chapter, or a term or condition of a permit issued by the railroad commission under this chapter by injunction or other appropriate remedy. The action may be brought in a court of competent jurisdiction in the county in which the offending activity has occurred, in which the defendant resides, or in Travis County.

  28. Tex. Water Code Sec. 29.053. PROCEDURE.

Chapter 30

  1. Tex. Water Code Sec. 30.001. SHORT TITLE. This chapter may be cited as the Regional Waste Disposal Act.

  2. Tex. Water Code Sec. 30.002. PURPOSE. The purpose of this chapter is to authorize public agencies to cooperate for the safe and economical collection, transportation, treatment, and disposal of waste in order to prevent and control pollution of water in the state.

  3. Tex. Water Code Sec. 30.003. DEFINITIONS. In this chapter:

  4. Tex. Water Code Sec. 30.004. CUMULATIVE EFFECT OF CHAPTER.

  5. Tex. Water Code Sec. 30.005. CONSTRUCTION OF CHAPTER. The terms and provisions of this chapter shall be liberally construed to accomplish its purposes.

  6. Tex. Water Code Sec. 30.021. DISPOSAL SYSTEM. A district may acquire, construct, improve, enlarge, extend, repair, operate, and maintain one or more disposal systems.

  7. Tex. Water Code Sec. 30.022. PURCHASE AND SALE OF FACILITIES. A district may contract with any person to purchase or sell by installments over such term as considered desirable any waste collection, transportation, treatment, or disposal facilities or systems.

  8. Tex. Water Code Sec. 30.023. LEASE OF FACILITIES. A district may lease to or from any person for such term and on such conditions as may be considered desirable any waste collection, transportation, treatment, or disposal facilities or systems.

  9. Tex. Water Code Sec. 30.024. OPERATING AGREEMENTS. A district may make operating agreements with any person for such terms and on such conditions as may be considered desirable for the operation of any waste collection, transportation, treatment, or disposal facilities or systems of any person by the district.

  10. Tex. Water Code Sec. 30.025. WASTE DISPOSAL CONTRACTS BY DISTRICT. A district may make contracts with any person, including any public agency located inside or outside the boundaries of the district, under which the district will collect, transport, treat, or dispose of waste for the person.

  11. Tex. Water Code Sec. 30.026. CONTRACTS BY RIVER AUTHORITY. Each river authority may make contracts authorized by this chapter with any person, including any public agency situated wholly or partly inside its boundaries and any public agency situated wholly or partly inside the river basin and any public agency situated wholly or partly inside the coastal basins adjoining its boundaries, but a river authority may not make contracts to serve a public agency situated wholly inside the boundaries of another river authority or to serve facilities of a person situated wholly within the boundaries of another river authority, except with the consent of the other river authority.

  12. Tex. Water Code Sec. 30.027. CONTRACT WITH PUBLIC AGENCY. A public agency may make contracts with a district under which the district will make a disposal system available to the public agency and will furnish waste collection, transportation, treatment, and disposal services to the public agency, group of public agencies, or other persons through the district's disposal system.

  13. Tex. Water Code Sec. 30.028. CONTRACT PROVISIONS.

  14. Tex. Water Code Sec. 30.029. CONTINUED USE OF DISTRICT FACILITIES. After amortization of the district's investment in the disposal system, the public agency is entitled to continued performance of the service during the useful life of the disposal system, on payment of reasonable charges reduced to take into consideration the amortization.

  15. Tex. Water Code Sec. 30.030. SOURCE OF CONTRACT PAYMENTS.

  16. Tex. Water Code Sec. 30.031. RATES.

  17. Tex. Water Code Sec. 30.032. SERVICE TO MORE THAN ONE PUBLIC AGENCY. A contract or group of contracts may provide for the district to render services concurrently to more than one person through constructing and operating a disposal system and may provide that the cost of these services be allocated among the persons as provided in the contract or group of contracts.

  18. Tex. Water Code Sec. 30.033. PROPERTY ACQUIRED BY CONDEMNATION OR OTHERWISE.

  19. Tex. Water Code Sec. 30.034. COST OF RELOCATING, ALTERING, ETC. If a district makes necessary the relocating, raising, rerouting, changing the grade of, or altering the construction of any highway, railroad, electric transmission line, pipeline, or telephone or telegraph properties or facilities in the exercise of powers granted under this chapter, the district shall pay all of the actual cost of the relocating, raising, rerouting, changing in grade, or altering of construction and shall pay all of the actual cost of providing comparable replacement of facilities without enhancement, less the net salvage value of the facilities.

  20. Tex. Water Code Sec. 30.035. ELECTIONS. No election is required for the exercise of any power under this chapter except for the tax levy as provided by Section 30.030(c) of this code.

  21. Tex. Water Code Sec. 30.051. ISSUANCE OF BONDS. In order to acquire, construct, improve, enlarge, extend, or repair disposal systems, the district may issue bonds secured by a pledge of all or part of the revenue from any contract entered into under this chapter and other income of the district.

  22. Tex. Water Code Sec. 30.052. FORM, DENOMINATION, INTEREST RATE. The governing body of the district shall prescribe the form, denomination, and rate of interest for the bonds.

  23. Tex. Water Code Sec. 30.053. REFUNDING BONDS. A district may refund any bonds issued under this chapter on the terms and conditions and at the rate of interest the governing body prescribes.

  24. Tex. Water Code Sec. 30.054. SALE OR EXCHANGE OF BONDS. A district may sell bonds issued under this chapter at public or private sale at the price or prices and on the terms determined by the governing body, or it may exchange the bonds for property or any interest in property of any kind considered necessary or convenient to the purposes authorized in this chapter.

  25. Tex. Water Code Sec. 30.055. INTERIM BONDS. Pending the issuance of definitive bonds, a district may issue negotiable interim bonds or obligations eligible for exchange or substitution by use of definitive bonds.

  26. Tex. Water Code Sec. 30.056. ATTORNEY GENERAL'S EXAMINATION.

  27. Tex. Water Code Sec. 30.057. REGISTRATION BY COMPTROLLER. After the bonds have been approved by the attorney general, they shall be registered by the state comptroller.

  28. Tex. Water Code Sec. 30.058. VALIDATION SUIT.

  29. Tex. Water Code Sec. 30.059. BONDS INCONTESTABLE. After the bonds are approved by the attorney general and registered with the comptroller, the bonds and the contract are incontestable.

  30. Tex. Water Code Sec. 30.060. NEGOTIABLE INSTRUMENTS. Bonds issued under this subchapter are negotiable instruments.

  31. Tex. Water Code Sec. 30.061. INVESTMENT SECURITIES UNDER UNIFORM COMMERCIAL CODE. Bonds issued under this subchapter are investment securities governed by Chapter 8, Uniform Commercial Code.

  32. Tex. Water Code Sec. 30.062. BONDS AS AUTHORIZED INVESTMENTS. Bonds issued under this chapter are legal and authorized investments for banks, savings banks, trust companies, building and loan associations, savings and loan associations, insurance companies, fiduciaries, and trustees, and for the sinking funds of cities, towns, villages, school districts, and other political corporations or subdivisions of the state.

  33. Tex. Water Code Sec. 30.063. SECURITY FOR DEPOSITS. The bonds are eligible to secure deposits of any public funds of the state or any political subdivision of the state and are lawful and sufficient security for the deposits to the extent of their value when accompanied by unmatured coupons attached to the bonds.

  34. Tex. Water Code Sec. 30.064. FUNDS SET ASIDE FROM BOND PROCEEDS. The district may set aside out of the proceeds from the sale of bonds:

  35. Tex. Water Code Sec. 30.065. INVESTMENT OF PROCEEDS. Pending their use, proceeds from the sale of bonds may be invested in securities or time deposits as specified in the resolution authorizing the issuance of the bonds or the trust indenture securing the bonds. The earnings on these investments shall be applied as provided in the resolution or trust indenture.

  36. Tex. Water Code Sec. 30.066. RATES AND CHARGES. While any bonds are outstanding, the governing body of the district shall fix, maintain, and collect for services furnished or made available by the disposal system rates and charges adequate to:

  37. Tex. Water Code Sec. 30.101. AUTHORIZATION OF REGIONAL PLANS. Each river authority may prepare regional plans for water quality management, control, and abatement of pollution in any segment of its river basin and adjoining coastal basins which:

  38. Tex. Water Code Sec. 30.102. PLANNING IN RELATED FIELDS. River authorities may conduct planning in related or affected fields reasonably necessary to give meaning to the water quality management and pollution control planning carried out under this subchapter.

  39. Tex. Water Code Sec. 30.103. JOINT PLANNING.

  40. Tex. Water Code Sec. 30.104. COORDINATION WITH OTHER PLANNING AGENCIES. A river authority performing planning functions under this subchapter shall coordinate its efforts and cooperate with other public planning agencies having significant planning interests in any segment of the river basin in or for which the planning is being conducted by the river authority.

  41. Tex. Water Code Sec. 30.105. FINANCIAL ASSISTANCE. River authorities may make applications and enter into contracts for financial assistance in comprehensive planning which are appropriate under Section 3(c) of the Federal Water Pollution Control Act, as amended under 33 U.S.C. Section 1926 et seq., under 40 U.S.C. Section 461 et seq., and under any other relevant statutes.

  42. Tex. Water Code Sec. 30.106. SUPERVISION BY TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. The Texas Commission on Environmental Quality is authorized to exercise continuing supervision on behalf of the state of comprehensive plans prepared under this chapter.

Chapter 31

  1. Tex. Water Code Sec. 31.001. DEFINITIONS. In this chapter:

  2. Tex. Water Code Sec. 31.002. APPLICABILITY. This chapter does not apply to:

  3. Tex. Water Code Sec. 31.003. PERMIT FROM COMMISSION. A person desiring to drill, excavate, or otherwise construct a subsurface excavation may not begin construction without first obtaining a permit for the work from the commission.

  4. Tex. Water Code Sec. 31.004. APPLICATION FOR PERMIT. The commission shall prescribe forms for a permit application and shall make the forms available on request without charge.

  5. Tex. Water Code Sec. 31.005. INFORMATION REQUIRED OF APPLICANT. An applicant shall furnish any information the commission considers necessary to discharge its duties under this chapter and the rules of the commission.

  6. Tex. Water Code Sec. 31.006. CONTENTS OF PERMIT APPLICATION.

  7. Tex. Water Code Sec. 31.007. APPLICATION FEE. With each application for a permit, the commission shall collect a fee as set by the executive director to reasonably offset the costs to the commission for processing the application. The fee may not be less than $1,000.

  8. Tex. Water Code Sec. 31.008. HEARING ON PERMIT APPLICATION.

  9. Tex. Water Code Sec. 31.009. DELEGATION OF HEARING POWERS.

  10. Tex. Water Code Sec. 31.010. RULES.

  11. Tex. Water Code Sec. 31.011. PENDING LITIGATION. The commission may refuse to accept a permit application or hold a permit application hearing if any aspect of the siting, construction, use, or decommissioning of the subsurface excavation is the subject of litigation.

  12. Tex. Water Code Sec. 31.012. ISSUANCE OF PERMIT.

  13. Tex. Water Code Sec. 31.013. PERFORMANCE STANDARDS.

  14. Tex. Water Code Sec. 31.014. ADDITIONAL PERMIT CONSIDERATIONS. When determining the terms and conditions of the permit, the commission shall consider:

  15. Tex. Water Code Sec. 31.015. ENVIRONMENTAL REPORT. If an environmental report, environmental assessment, or environmental impact statement of any kind that includes an analysis of the environmental impacts of the subsurface excavation construction, operation, closure, or decommissioning is required by any federal or state agency before approval to construct the subsurface excavation, the environmental document, along with evidence of the needed approvals that have been granted, must be submitted to the commission as part of the permit application, and the commission shall make the environmental document available for public review and comment for a period of not less than 30 days before the application for the permit is considered.

  16. Tex. Water Code Sec. 31.016. POWER TO ENTER PROPERTY. Members of the commission, employees and agents of the commission, and authorized agents or employees of local governments may enter public or private property at any time to inspect and investigate conditions relating to subsurface excavation activities or to monitor compliance with a rule, permit, or other order of the commission. Members, employees, or agents acting under the authority of this section who enter an establishment on public or private property shall observe the establishment's safety, internal security, and fire protection rules and shall give notice before entering the property to the person in charge of the property in the manner, form, and time provided by commission rule.

  17. Tex. Water Code Sec. 31.017. POWER TO EXAMINE RECORDS. Members of the commission, employees and agents of the commission, and authorized agents or employees of local governments may examine and copy those records or memoranda of a permittee or his contractors they are investigating or monitoring as provided by Section 31.016 of this code that relate to the construction and operation of a subsurface excavation or any other records required to be maintained by law.

  18. Tex. Water Code Sec. 31.018. FINANCIAL RESPONSIBILITY.

Chapter 32

  1. Tex. Water Code Sec. 32.001. SHORT TITLE. This chapter may be cited as the Subsurface Area Drip Dispersal System Act.

  2. Tex. Water Code Sec. 32.002. DEFINITIONS. In this chapter:

  3. Tex. Water Code Sec. 32.003. POLICY AND PURPOSE. It is the policy of this state and the purpose of this chapter to:

  4. Tex. Water Code Sec. 32.051. PERMIT FROM COMMISSION. A person may not operate a subsurface area drip dispersal system without first obtaining a permit from the commission.

  5. Tex. Water Code Sec. 32.052. APPLICATION FOR PERMIT. The commission shall prescribe forms for application for a permit and shall make the forms available on request without charge.

  6. Tex. Water Code Sec. 32.053. INFORMATION REQUIRED OF APPLICANT. An applicant shall furnish any information the executive director considers necessary to discharge the executive director's duties under this chapter and the rules of the commission.

  7. Tex. Water Code Sec. 32.054. INSPECTION OF DISPERSION AREA. On receiving an application for a permit, the executive director shall inspect the location of the proposed dispersion area to determine the local conditions and the probable effect of the subsurface area drip dispersal system.

  8. Tex. Water Code Sec. 32.055. RECOMMENDATIONS FROM OTHER PERSONS. The executive director shall submit to the department and to other persons designated by the commission copies of each permit application received in proper form. A person to whom an application is submitted may make recommendations to the commission concerning any aspect of the application not later than the 30th day after the date the application is submitted.

  9. Tex. Water Code Sec. 32.056. HEARING ON PERMIT APPLICATION.

  10. Tex. Water Code Sec. 32.057. OPPORTUNITY TO COMMENT ON PROPOSED RULES. The commission shall send copies of proposed rules under this chapter to the department and any other persons designated by the commission. A person to whom the copies of proposed rules are sent may submit comments and recommendations to the commission and shall have a reasonable time to do so as determined by the commission.

  11. Tex. Water Code Sec. 32.101. ISSUANCE OF PERMIT.

  12. Tex. Water Code Sec. 32.102. COPIES OF PERMIT FILING REQUIREMENTS.

  13. Tex. Water Code Sec. 32.151. POWER TO ENTER PROPERTY. A member or employee of the commission or an authorized agent or employee of a local government may enter public or private property to inspect and investigate conditions relating to a subsurface area drip dispersal system in connection with subsurface drip dispersal activities or to monitor compliance with a rule, permit, or order of the commission. A member or employee acting under the authority of this section who enters an establishment on public or private property shall observe the establishment's safety, internal security, and fire protection rules.

  14. Tex. Water Code Sec. 32.152. POWER TO EXAMINE RECORDS. A member or employee of the commission or an authorized agent or employee of a local government may examine and copy any record or memorandum of a business the member, employee, or agent is investigating as provided by Section 32.151 that relates to the operation of a subsurface area drip dispersal system or any other record the commission requires the business to maintain.

Chapter 35

  1. Tex. Water Code Sec. 35.001. PURPOSE. In order to provide for the conservation, preservation, protection, recharging, and prevention of waste of the groundwater, and of groundwater reservoirs or their subdivisions, and to control subsidence caused by withdrawal of water from those groundwater reservoirs or their subdivisions, consistent with the objectives of Section 59, Article XVI, Texas Constitution, groundwater management areas may be created as provided by this chapter.

  2. Tex. Water Code Sec. 35.002. DEFINITIONS. In this chapter:

  3. Tex. Water Code Sec. 35.003. SURFACE WATER LAWS NOT APPLICABLE. The laws and administrative rules relating to the use of surface water do not apply to groundwater.

  4. Tex. Water Code Sec. 35.004. DESIGNATION OF GROUNDWATER MANAGEMENT AREAS.

  5. Tex. Water Code Sec. 35.007. IDENTIFYING, DESIGNATING, AND DELINEATING PRIORITY GROUNDWATER MANAGEMENT AREAS.

  6. Tex. Water Code Sec. 35.008. PROCEDURES FOR DESIGNATION OF PRIORITY GROUNDWATER MANAGEMENT AREA; CONSIDERATION OF CREATION OF NEW DISTRICT OR ADDITION OF LAND IN PRIORITY GROUNDWATER MANAGEMENT AREA TO EXISTING DISTRICT; COMMISSION ORDER.

  7. Tex. Water Code Sec. 35.009. NOTICE AND HEARING.

  8. Tex. Water Code Sec. 35.012. CREATION OF DISTRICT IN PRIORITY GROUNDWATER MANAGEMENT AREA.

  9. Tex. Water Code Sec. 35.013. ADDING PRIORITY GROUNDWATER MANAGEMENT AREA TO EXISTING DISTRICT.

  10. Tex. Water Code Sec. 35.014. COSTS OF ELECTIONS.

  11. Tex. Water Code Sec. 35.015. STATE ASSISTANCE. A political subdivision located in an area delineated as a priority groundwater management area, and in which qualified voters approve the creation of a district or annexation into an existing district, shall be given consideration to receive financial assistance from the state under Chapter 17 for funds to be used in addressing issues identified in the priority groundwater management area report in the manner provided by Sections 17.124 and 17.125.

  12. Tex. Water Code Sec. 35.017. STATE-OWNED LAND. If state-owned land or a portion of state-owned land is located in a priority groundwater management area, the state agency that has management and control over that land under the constitution or by statute may elect by written agreement with the commission and the district to include the state-owned land in the district. The agreement shall be entered into as provided by the Texas Intergovernmental Cooperation Act, Chapter 741, Government Code, and may include provisions for the payment by the state agency of reasonable fees to the district. If the state does not elect to enter into the agreement to include the state-owned land in the district, the state agency must establish a groundwater management plan that will conserve, protect, and prevent the waste of groundwater on that state-owned land.

  13. Tex. Water Code Sec. 35.018. REPORTS.

  14. Tex. Water Code Sec. 35.019. WATER AVAILABILITY.

  15. Tex. Water Code Sec. 35.020. PUBLIC PARTICIPATION IN GROUNDWATER MANAGEMENT PROCESS. It is the policy of the state to encourage public participation in the groundwater management process in areas within a groundwater management area not represented by a groundwater conservation district.

Chapter 36

  1. Tex. Water Code Sec. 36.001. DEFINITIONS. In this chapter:

  2. Tex. Water Code Sec. 36.0015. PURPOSE.

  3. Tex. Water Code Sec. 36.002. OWNERSHIP OF GROUNDWATER.

  4. Tex. Water Code Sec. 36.011. METHOD OF CREATING DISTRICT.

  5. Tex. Water Code Sec. 36.012. COMPOSITION OF DISTRICT.

  6. Tex. Water Code Sec. 36.013. PETITION TO CREATE DISTRICT.

  7. Tex. Water Code Sec. 36.014. NOTICE AND PUBLIC MEETING ON DISTRICT CREATION.

  8. Tex. Water Code Sec. 36.015. COMMISSION CERTIFICATION AND ORDER.

  9. Tex. Water Code Sec. 36.0151. CREATION OF DISTRICT FOR PRIORITY GROUNDWATER MANAGEMENT AREA.

  10. Tex. Water Code Sec. 36.016. APPOINTMENT OF TEMPORARY DIRECTORS.

  11. Tex. Water Code Sec. 36.0161. METHOD FOR APPOINTING TEMPORARY DIRECTORS FOR DISTRICT IN PRIORITY GROUNDWATER MANAGEMENT AREA.

  12. Tex. Water Code Sec. 36.017. CONFIRMATION AND DIRECTORS' ELECTION FOR DISTRICT IN A MANAGEMENT AREA.

  13. Tex. Water Code Sec. 36.0171. TAX AUTHORITY AND DIRECTORS' ELECTION FOR DISTRICT IN A PRIORITY GROUNDWATER MANAGEMENT AREA.

  14. Tex. Water Code Sec. 36.018. INCLUSION OF MUNICIPALITY.

  15. Tex. Water Code Sec. 36.019. CONFIRMATION ELECTION IN DISTRICT INCLUDING LAND IN MORE THAN ONE COUNTY.

  16. Tex. Water Code Sec. 36.020. BOND AND TAX PROPOSAL.

  17. Tex. Water Code Sec. 36.021. NOTIFICATION OF COUNTY CLERK. Within 30 days following the creation of a district or any amendment to the boundaries of a district, the board of directors shall file with the county clerk of each county in which all or part of the district is located a certified copy of the description of the boundaries of the district. Each county clerk shall record the certified copy of the boundaries in the property records of that county.

  18. Tex. Water Code Sec. 36.051. BOARD OF DIRECTORS.

  19. Tex. Water Code Sec. 36.052. OTHER LAWS NOT APPLICABLE.

  20. Tex. Water Code Sec. 36.053. QUORUM.

  21. Tex. Water Code Sec. 36.054. OFFICERS.

  22. Tex. Water Code Sec. 36.055. SWORN STATEMENT, BOND, AND OATH OF OFFICE.

  23. Tex. Water Code Sec. 36.056. GENERAL MANAGER.

  24. Tex. Water Code Sec. 36.057. MANAGEMENT OF DISTRICT.

  25. Tex. Water Code Sec. 36.058. CONFLICTS OF INTEREST.

  26. Tex. Water Code Sec. 36.059. GENERAL ELECTIONS.

  27. Tex. Water Code Sec. 36.060. FEES OF OFFICE; REIMBURSEMENT.

  28. Tex. Water Code Sec. 36.061. POLICIES.

  29. Tex. Water Code Sec. 36.062. OFFICES AND MEETING PLACES.

  30. Tex. Water Code Sec. 36.063. NOTICE OF MEETINGS.

  31. Tex. Water Code Sec. 36.064. MEETINGS.

  32. Tex. Water Code Sec. 36.065. RECORDS.

  33. Tex. Water Code Sec. 36.066. SUITS.

  34. Tex. Water Code Sec. 36.067. CONTRACTS.

  35. Tex. Water Code Sec. 36.068. EMPLOYEE BENEFITS.

  36. Tex. Water Code Sec. 36.101. RULEMAKING POWER.

  37. Tex. Water Code Sec. 36.1011. EMERGENCY RULES.

  38. Tex. Water Code Sec. 36.1015. RULES FOR PERMITS IN BRACKISH GROUNDWATER PRODUCTION ZONES.

  39. Tex. Water Code Sec. 36.102. ENFORCEMENT OF RULES.

  40. Tex. Water Code Sec. 36.1021. DEFERRAL OF PENALTY.

  41. Tex. Water Code Sec. 36.1022. RECOVERY OF CIVIL PENALTY BY WATER AND SEWER UTILITY.

  42. Tex. Water Code Sec. 36.1025. PETITION TO CHANGE RULES.

  43. Tex. Water Code Sec. 36.103. IMPROVEMENTS AND FACILITIES.

  44. Tex. Water Code Sec. 36.104. PURCHASE, SALE, TRANSPORTATION, AND DISTRIBUTION OF WATER. A district may purchase, sell, transport, and distribute surface water or groundwater.

  45. Tex. Water Code Sec. 36.105. EMINENT DOMAIN.

  46. Tex. Water Code Sec. 36.106. SURVEYS. A district may make surveys of the groundwater reservoir or subdivision and surveys of the facilities in order to determine the quantity of water available for production and use and to determine the improvements, development, and recharging needed by a reservoir or its subdivision.

  47. Tex. Water Code Sec. 36.107. RESEARCH. A district may carry out any research projects deemed necessary by the board.

  48. Tex. Water Code Sec. 36.1071. MANAGEMENT PLAN.

  49. Tex. Water Code Sec. 36.1072. TEXAS WATER DEVELOPMENT BOARD REVIEW AND APPROVAL OF MANAGEMENT PLAN.

  50. Tex. Water Code Sec. 36.1073. AMENDMENT TO MANAGEMENT PLAN. Any amendment to the management plan shall be submitted to the executive administrator within 60 days following adoption of the amendment by the district's board. The executive administrator shall review and approve any amendment which substantially affects the management plan in accordance with the procedures established under Section 36.1072.

  51. Tex. Water Code Sec. 36.108. JOINT PLANNING IN MANAGEMENT AREA.

  52. Tex. Water Code Sec. 36.1081. TECHNICAL STAFF AND SUBCOMMITTEES FOR JOINT PLANNING.

  53. Tex. Water Code Sec. 36.1083. APPEAL OF DESIRED FUTURE CONDITIONS.

  54. Tex. Water Code Sec. 36.10835. JUDICIAL APPEAL OF DESIRED FUTURE CONDITIONS.

  55. Tex. Water Code Sec. 36.1084. MODELED AVAILABLE GROUNDWATER.

  56. Tex. Water Code Sec. 36.1085. MANAGEMENT PLAN GOALS AND OBJECTIVES. Each district in the management area shall ensure that its management plan contains goals and objectives consistent with achieving the desired future conditions of the relevant aquifers as adopted during the joint planning process.

  57. Tex. Water Code Sec. 36.1086. JOINT EFFORTS BY DISTRICTS IN A MANAGEMENT AREA. Districts located within the same management areas or in adjacent management areas may contract to jointly conduct studies or research, or to construct projects, under terms and conditions that the districts consider beneficial. These joint efforts may include studies of groundwater availability and quality, aquifer modeling, and the interaction of groundwater and surface water; educational programs; the purchase and sharing of equipment; and the implementation of projects to make groundwater available, including aquifer recharge, brush control, weather modification, desalination, regionalization, and treatment or conveyance facilities. The districts may contract under their existing authorizations including those of Chapter 791, Government Code, if their contracting authority is not limited by Sections 791.011(c)(2) and (d)(3) and Section 791.014, Government Code.

  58. Tex. Water Code Sec. 36.109. COLLECTION OF INFORMATION. A district may collect any information the board deems necessary, including information regarding the use of groundwater, water conservation, and the practicability of recharging a groundwater reservoir. At the request of the executive administrator, the district shall provide any data collected by the district in a format acceptable to the executive administrator.

  59. Tex. Water Code Sec. 36.110. PUBLICATION OF PLANS AND INFORMATION. A district may publish its plans and the information it develops, bring them to the attention of the users of groundwater in the district, and encourage the users to adopt and use them.

  60. Tex. Water Code Sec. 36.111. RECORDS AND REPORTS.

  61. Tex. Water Code Sec. 36.112. DRILLERS' LOGS. A district shall require that accurate drillers' logs be kept of water wells and that copies of drillers' logs and electric logs be filed with the district.

  62. Tex. Water Code Sec. 36.113. PERMITS FOR WELLS; PERMIT AMENDMENTS.

  63. Tex. Water Code Sec. 36.1131. ELEMENTS OF PERMIT.

  64. Tex. Water Code Sec. 36.1132. PERMITS BASED ON MODELED AVAILABLE GROUNDWATER.

  65. Tex. Water Code Sec. 36.114. PERMIT; PERMIT AMENDMENT; APPLICATION AND HEARING.

  66. Tex. Water Code Sec. 36.1145. OPERATING PERMIT RENEWAL.

  67. Tex. Water Code Sec. 36.1146. CHANGE IN OPERATING PERMITS.

  68. Tex. Water Code Sec. 36.115. DRILLING OR ALTERING WELL WITHOUT PERMIT.

  69. Tex. Water Code Sec. 36.116. REGULATION OF SPACING AND PRODUCTION.

  70. Tex. Water Code Sec. 36.117. EXEMPTIONS; EXCEPTION; LIMITATIONS.

  71. Tex. Water Code Sec. 36.118. OPEN OR UNCOVERED WELLS.

  72. Tex. Water Code Sec. 36.119. ILLEGAL DRILLING AND OPERATION OF WELL; CITIZEN SUIT.

  73. Tex. Water Code Sec. 36.120. INFORMATION. On request of the executive director or the executive administrator, the district shall make available information that it acquires concerning the groundwater resources within its jurisdiction. The district shall also provide information to the commission and Texas Water Development Board concerning its plans and activities in conserving and protecting groundwater resources. On request of a district, the executive director and the executive administrator shall provide information they acquire concerning the groundwater resources within the district's jurisdiction.

  74. Tex. Water Code Sec. 36.121. LIMITATION ON RULEMAKING POWER OF DISTRICTS OVER WELLS IN CERTAIN COUNTIES. Except as provided by Section 36.117, a district that is created under this chapter on or after September 1, 1991, shall exempt from regulation under this chapter a well and any water produced or to be produced by a well that is located in a county that has a population of 15,500 or less if the water is to be used solely to supply a municipality that has a population of 125,500 or less and the rights to the water produced from the well are owned by a political subdivision that is not a municipality, or by a municipality that has a population of 133,000 or less, and that purchased, owned, or held rights to the water before the date on which the district was created, regardless of the date the well is drilled or the water is produced. The district may not prohibit the political subdivision or municipality from transporting produced water inside or outside the district's boundaries.

  75. Tex. Water Code Sec. 36.122. TRANSFER OF GROUNDWATER OUT OF DISTRICT.

  76. Tex. Water Code Sec. 36.123. RIGHT TO ENTER LAND.

  77. Tex. Water Code Sec. 36.124. DISTRICT ACT OR PROCEEDING PRESUMED VALID.

  78. Tex. Water Code Sec. 36.151. EXPENDITURES.

  79. Tex. Water Code Sec. 36.152. FISCAL YEAR.

  80. Tex. Water Code Sec. 36.153. ANNUAL AUDIT.

  81. Tex. Water Code Sec. 36.154. ANNUAL BUDGET.

  82. Tex. Water Code Sec. 36.155. DEPOSITORY.

  83. Tex. Water Code Sec. 36.156. INVESTMENTS.

  84. Tex. Water Code Sec. 36.1561. INVESTMENT OFFICER.

  85. Tex. Water Code Sec. 36.157. REPAYMENT OF ORGANIZATIONAL EXPENSES.

  86. Tex. Water Code Sec. 36.158. GRANTS. A district may make or accept grants, gratuities, advances, or loans in any form to or from any source approved by the board, including any governmental entity, and may enter into contracts, agreements, and covenants in connection with grants, gratuities, advances, or loans that the board considers appropriate.

  87. Tex. Water Code Sec. 36.159. GROUNDWATER CONSERVATION DISTRICT MANAGEMENT PLAN FUNDS. The Texas Water Development Board may allocate funds from the water assistance fund to a district to:

  88. Tex. Water Code Sec. 36.160. FUNDS. The Texas Water Development Board, the commission, the Parks and Wildlife Department, the Texas Agricultural Extension Service, and institutions of higher education may allocate funds to carry out the objectives of this chapter and Chapter 35, which include but are not limited to:

  89. Tex. Water Code Sec. 36.161. ELIGIBILITY FOR FUNDING.

  90. Tex. Water Code Sec. 36.171. ISSUANCE OF BONDS AND NOTES.

  91. Tex. Water Code Sec. 36.172. MANNER OF REPAYMENT OF BONDS AND NOTES. The board may provide for the payment of principal of and interest on the bonds and notes in any one of the following manners:

  92. Tex. Water Code Sec. 36.173. ADDITIONAL SECURITY FOR BONDS AND NOTES.

  93. Tex. Water Code Sec. 36.174. FORM OF BONDS OR NOTES.

  94. Tex. Water Code Sec. 36.175. PROVISIONS OF BONDS AND NOTES.

  95. Tex. Water Code Sec. 36.176. REFUNDING BONDS.

  96. Tex. Water Code Sec. 36.177. BONDS AND NOTES AS INVESTMENTS. District bonds and notes are legal and authorized investments for:

  97. Tex. Water Code Sec. 36.178. BONDS AND NOTES AS SECURITY FOR DEPOSITS. District bonds and notes are eligible to secure deposits of public funds of the state and cities, counties, school districts, and other political subdivisions of the state. The bonds or notes are lawful and sufficient security for deposits to the extent of their value when accompanied by all unmatured coupons.

  98. Tex. Water Code Sec. 36.179. TAX STATUS OF BONDS AND NOTES. Since a district governed by this chapter is a public entity performing an essential public function, bonds and notes issued by the district, any transaction relating to the bonds and notes, and profits made in the sale of the bonds and notes, are free from taxation by the state or by any city, county, special district, or other political subdivision of the state.

  99. Tex. Water Code Sec. 36.180. ELECTION.

  100. Tex. Water Code Sec. 36.181. APPROVAL BY ATTORNEY GENERAL; REGISTRATION BY COMPTROLLER.

  101. Tex. Water Code Sec. 36.201. LEVY OF TAXES.

  102. Tex. Water Code Sec. 36.202. BOARD AUTHORITY.

  103. Tex. Water Code Sec. 36.203. TAX RATE. In setting the tax rate, the board shall take into consideration the income of the district from sources other than taxation. On determination of the amount of tax required to be levied, the board shall make the levy and certify it to the tax assessor-collector.

  104. Tex. Water Code Sec. 36.204. TAX APPRAISAL, ASSESSMENT AND COLLECTION.

  105. Tex. Water Code Sec. 36.205. AUTHORITY TO SET FEES.

  106. Tex. Water Code Sec. 36.206. DISTRICT FEES.

  107. Tex. Water Code Sec. 36.207. USE OF FEES.

  108. Tex. Water Code Sec. 36.251. SUIT AGAINST DISTRICT.

  109. Tex. Water Code Sec. 36.252. SUIT TO BE EXPEDITED. A suit brought under this subchapter shall be advanced for trial and determined as expeditiously as possible. No postponement or continuance shall be granted except for reasons considered imperative by the court.

  110. Tex. Water Code Sec. 36.253. TRIAL OF SUIT. The burden of proof is on the petitioner, and the challenged law, rule, order, or act shall be deemed prima facie valid. The review on appeal is governed by the substantial evidence rule as defined by Section 2001.174, Government Code.

  111. Tex. Water Code Sec. 36.254. SUBCHAPTER CUMULATIVE. The provisions of this subchapter do not affect other legal or equitable remedies that may be available.

  112. Tex. Water Code Sec. 36.301. FAILURE TO SUBMIT A MANAGEMENT PLAN. If a district fails to submit a management plan or to receive approval of its management plan under Section 36.1072, or fails to submit or receive approval of an amendment to the management plan under Section 36.1073, the commission shall take appropriate action under Section 36.303.

  113. Tex. Water Code Sec. 36.3011. COMMISSION INQUIRY AND ACTION REGARDING DISTRICT DUTIES.

  114. Tex. Water Code Sec. 36.302. LEGISLATIVE AUDIT REVIEW; DETERMINATION OF WHETHER DISTRICT IS OPERATIONAL.

  115. Tex. Water Code Sec. 36.303. ACTION BY COMMISSION.

  116. Tex. Water Code Sec. 36.3035. APPOINTMENT OF A RECEIVER.

  117. Tex. Water Code Sec. 36.304. DISSOLUTION OF DISTRICT.

  118. Tex. Water Code Sec. 36.305. NOTICE OF HEARING FOR DISSOLUTION OF BOARD OR DISTRICT.

  119. Tex. Water Code Sec. 36.306. INVESTIGATION. The executive director shall investigate the facts and circumstances of any violations of any rule or order of the commission or any provisions of this chapter and shall prepare and file a written report with the commission and district and include any actions the executive director believes the commission should take under Section 36.303.

  120. Tex. Water Code Sec. 36.307. ORDER OF DISSOLUTION OF BOARD. If the commission enters an order to dissolve the board, the commission shall notify the county commissioners court of each county which contains territory in the district and the commission shall provide that temporary directors be appointed under Section 36.016 to serve until an election for a new board can be held under Section 36.017, provided, however, that district confirmation shall not be required for continued existence of the district and shall not be an issue in the election.

  121. Tex. Water Code Sec. 36.308. CERTIFIED COPY OF ORDER. The commission shall file a certified copy of the order of dissolution of the district in the deed records of the county or counties in which the district is located. If the district was created by a special Act of the legislature, the commission shall file a certified copy of the order of dissolution with the secretary of state.

  122. Tex. Water Code Sec. 36.309. APPEALS. Appeals from any commission order shall be filed and heard in the district court of any of the counties in which the land is located.

  123. Tex. Water Code Sec. 36.310. ASSETS ESCHEAT. Upon the dissolution of a district by the commission, all assets of the district shall be sold at public auction and the proceeds given to the county if it is a single-county district. If it is a multicounty district, the proceeds shall be divided with the counties in proportion to the surface land area in each county served by the district.

  124. Tex. Water Code Sec. 36.321. ADDING LAND BY PETITION OF LANDOWNER. Subject to Section 36.331, the owner of land not already in a district may file with the board a notarized petition requesting that the owner's land be included in the district. The petition must describe the land by legal description or by metes and bounds or by lot and block number if there is a recorded plat of the area to be included in the district.

  125. Tex. Water Code Sec. 36.322. ASSUMPTION OF BONDS. If the district has bonds, notes, or other obligations outstanding or bonds payable in whole or in part from taxation that have been voted but are unissued, the petitioner shall assume its share of the outstanding bonds, notes, or other obligations and any voted but unissued tax bonds of the district, and the property shall be assessed an ad valorem tax at the same rate as that set for the existing district to pay for outstanding bonds and for the maintenance and operation of the district.

  126. Tex. Water Code Sec. 36.323. HEARING AND DETERMINATION OF PETITION.

  127. Tex. Water Code Sec. 36.324. RECORDING PETITION. A petition that is granted which adds land to the district shall be recorded in the office of the county clerk of the county or counties in which the land is located and the county or counties in which the existing district's principal office is located.

  128. Tex. Water Code Sec. 36.325. ADDING CERTAIN TERRITORY BY PETITION.

  129. Tex. Water Code Sec. 36.326. HEARING ON PETITION. The board by order shall set the time and place of separate hearings on the petition to include the territory in the district. At least one hearing shall be held in the existing district and one hearing shall be held in the territory to be added.

  130. Tex. Water Code Sec. 36.327. RESOLUTION TO ADD TERRITORY. If the board finds after the hearing on the petition that the addition of the land would benefit the district and the territory to be added, it may add the territory to the district by resolution. The board does not have to include all the territory described in the petition if it finds that a modification or change is necessary or desirable.

  131. Tex. Water Code Sec. 36.328. ELECTION TO RATIFY ANNEXATION OF LAND.

  132. Tex. Water Code Sec. 36.329. NOTICE AND PROCEDURE OF ELECTION. The notice of the election, the manner and the time of giving the notice, the manner of holding the election, and qualifications of the voters are governed by the Election Code.

  133. Tex. Water Code Sec. 36.330. LIABILITY OF ADDED TERRITORY. The added territory shall bear its pro rata share of indebtedness or taxes that may be owed, contracted, or authorized by the district to which it is added.

  134. Tex. Water Code Sec. 36.331. ANNEXATION OF NONCONTIGUOUS TERRITORY. Land not contiguous to the existing boundaries of a district may not be added to or annexed to a district unless the land is located either within the same management area, priority groundwater management area, or a groundwater subdivision designated by the commission or its predecessors.

  135. Tex. Water Code Sec. 36.351. CONSOLIDATION OF DISTRICTS.

  136. Tex. Water Code Sec. 36.352. TERMS AND CONDITIONS OF CONSOLIDATION.

  137. Tex. Water Code Sec. 36.353. NOTICE AND HEARING ON CONSOLIDATION.

  138. Tex. Water Code Sec. 36.354. ELECTIONS TO APPROVE CONSOLIDATION.

  139. Tex. Water Code Sec. 36.355. GOVERNING CONSOLIDATED DISTRICTS.

  140. Tex. Water Code Sec. 36.356. DEBTS OF ORIGINAL DISTRICTS.

  141. Tex. Water Code Sec. 36.357. ASSESSMENT AND COLLECTION OF TAXES. If the consolidated district has taxing authority, the district shall assess and collect taxes on property on all property in the district for maintenance and operation of the district.

  142. Tex. Water Code Sec. 36.358. VOTED BUT UNISSUED BONDS. If either district has voted but unissued bonds payable in whole or in part from taxation assumed by the consolidated district, the consolidated district may issue the voted but unissued bonds in the name of the consolidated district and levy a uniform tax on all taxable property in the consolidated district to pay for the bonds.

  143. Tex. Water Code Sec. 36.359. FILING OF ORDER WITH COUNTY CLERK AND EXECUTIVE DIRECTOR. A consolidation order issued by the board shall be kept in the records of the consolidated district, recorded in the office of the county clerk in each of the counties in the consolidated district, and filed with the executive director.

  144. Tex. Water Code Sec. 36.3705. DEFINITION. In this subchapter, "applicant" means a newly confirmed district applying for a loan from the loan fund.

  145. Tex. Water Code Sec. 36.371. GROUNDWATER CONSERVATION DISTRICT LOAN ASSISTANCE FUND.

  146. Tex. Water Code Sec. 36.372. FINANCIAL ASSISTANCE.

  147. Tex. Water Code Sec. 36.373. APPLICATION FOR ASSISTANCE.

  148. Tex. Water Code Sec. 36.374. APPROVAL OF APPLICATION. The Texas Water Development Board, by resolution, may approve an application if it finds that:

  149. Tex. Water Code Sec. 36.401. DEFINITION. In this subchapter, "applicant" means a person who is applying for a permit or a permit amendment.

  150. Tex. Water Code Sec. 36.402. APPLICABILITY. Except as provided by Section 36.416, this subchapter applies to the notice and hearing process used by a district for permit and permit amendment applications for which a hearing is required.

  151. Tex. Water Code Sec. 36.403. SCHEDULING OF PUBLIC HEARING.

  152. Tex. Water Code Sec. 36.404. NOTICE.

  153. Tex. Water Code Sec. 36.405. HEARING REGISTRATION. The district may require each person who participates in a public hearing to submit a hearing registration form stating:

  154. Tex. Water Code Sec. 36.4051. BOARD ACTION; CONTESTED CASE HEARING REQUESTS; PRELIMINARY HEARING.

  155. Tex. Water Code Sec. 36.406. HEARING PROCEDURES.

  156. Tex. Water Code Sec. 36.407. EVIDENCE.

  157. Tex. Water Code Sec. 36.408. RECORDING.

  158. Tex. Water Code Sec. 36.409. CONTINUANCE.

  159. Tex. Water Code Sec. 36.410. PROPOSAL FOR DECISION.

  160. Tex. Water Code Sec. 36.411. BOARD ACTION.

  161. Tex. Water Code Sec. 36.412. REQUEST FOR REHEARING OR FINDINGS OF FACT AND CONCLUSIONS OF LAW.

  162. Tex. Water Code Sec. 36.413. DECISION; WHEN FINAL.

  163. Tex. Water Code Sec. 36.414. CONSOLIDATED HEARING ON APPLICATIONS.

  164. Tex. Water Code Sec. 36.415. RULES; ADDITIONAL PROCEDURES.

  165. Tex. Water Code Sec. 36.416. HEARINGS CONDUCTED BY STATE OFFICE OF ADMINISTRATIVE HEARINGS; RULES.

  166. Tex. Water Code Sec. 36.4165. FINAL DECISION; CONTESTED CASE HEARINGS.

  167. Tex. Water Code Sec. 36.417. RULES; ALTERNATIVE DISPUTE RESOLUTION. A district by rule may develop and use alternative dispute resolution procedures in the manner provided for governmental bodies under Chapter 2009, Government Code.

  168. Tex. Water Code Sec. 36.418. RULES; CONTESTED CASE HEARINGS; APPLICABILITY OF ADMINISTRATIVE PROCEDURE ACT.

  169. Tex. Water Code Sec. 36.451. DEFINITIONS. In this subchapter, "aquifer storage and recovery project," "ASR injection well," "ASR recovery well," and "project operator" have the meanings assigned by Section 27.151.

  170. Tex. Water Code Sec. 36.452. APPLICABILITY TO RECOVERY WELLS THAT ALSO FUNCTION AS INJECTION WELLS. Notwithstanding Section 27.152, this subchapter applies to an ASR recovery well that also functions as an ASR injection well.

  171. Tex. Water Code Sec. 36.453. REGISTRATION AND REPORTING OF WELLS.

  172. Tex. Water Code Sec. 36.454. PERMITTING, SPACING, AND PRODUCTION REQUIREMENTS.

  173. Tex. Water Code Sec. 36.455. FEES AND SURCHARGES.

  174. Tex. Water Code Sec. 36.456. DESIRED FUTURE CONDITIONS. A district may consider hydrogeologic conditions related to the injection and recovery of groundwater as part of an aquifer storage and recovery project in the planning for and monitoring of the achievement of a desired future condition for the aquifer in which the wells associated with the project are located.

  175. Tex. Water Code Sec. 36.457. OTHER LAWS NOT AFFECTED. This subchapter does not affect the ability to regulate groundwater as authorized under:

Chapter 37

  1. Tex. Water Code Sec. 37.001. DEFINITIONS. In this chapter:

  2. Tex. Water Code Sec. 37.002. RULES. The commission shall adopt any rules necessary to:

  3. Tex. Water Code Sec. 37.003. LICENSE OR REGISTRATION REQUIRED. A person may not engage in a business, occupation, or profession described by Section 26.0301, 26.3573, 26.452, or 26.456 of this code, Section 341.033, 341.034, 361.027, 366.014, or 366.071, Health and Safety Code, or Section 1903.251, Occupations Code, unless the person holds the appropriate license or registration issued by the commission.

  4. Tex. Water Code Sec. 37.004. QUALIFICATIONS. The commission may establish qualifications for each license and registration issued under this chapter.

  5. Tex. Water Code Sec. 37.0045. QUALIFICATIONS FOR CERTAIN LICENSES.

  6. Tex. Water Code Sec. 37.005. ISSUANCE AND DENIAL OF LICENSES AND REGISTRATIONS.

  7. Tex. Water Code Sec. 37.006. RENEWAL OF LICENSE OR REGISTRATION.

  8. Tex. Water Code Sec. 37.007. LICENSING EXAMINATIONS.

  9. Tex. Water Code Sec. 37.008. TRAINING; CONTINUING EDUCATION.

  10. Tex. Water Code Sec. 37.009. FEES.

  11. Tex. Water Code Sec. 37.010. ADVERTISING.

  12. Tex. Water Code Sec. 37.011. COMPLAINTS. The commission shall prepare and make available to the public information describing the procedures by which a person may submit licensing and registration complaints to the commission.

  13. Tex. Water Code Sec. 37.012. COMPLIANCE INFORMATION. In administering this chapter, the commission may require a person to provide information about other occupational licenses and registrations held by the person, including:

  14. Tex. Water Code Sec. 37.013. PRACTICE OF OCCUPATION. A license or registration holder must engage in the business, occupation, or profession governed by the license or registration according to applicable laws and commission rules and orders.

  15. Tex. Water Code Sec. 37.014. ROSTER OF LICENSE HOLDERS AND REGISTRANTS. The commission shall maintain and make available to the public an official roster of persons who hold licenses and registrations issued under this chapter.

  16. Tex. Water Code Sec. 37.015. POWER TO CONTRACT. The commission may contract with persons to provide services required by this chapter. The commission may authorize contractors to collect reasonable fees for the services provided.

Chapter 41

  1. Tex. Water Code Sec. 41.001. RATIFICATION. The Rio Grande Compact, the text of which is set out in Section 41.009 of this code, was ratified by the legislature of this state in Chapter 3, page 531, Special Laws, Acts of the 46th Legislature, 1939, after having been signed at Santa Fe, New Mexico, on March 18, 1938, by M.C. Hinderlider, commissioner for the State of Colorado, Thos. M. McClure, commissioner for the State of New Mexico, and Frank B. Clayton, commissioner for the State of Texas, and approved by S.O. Harper, commissioner representing the United States.

  2. Tex. Water Code Sec. 41.002. ORIGINAL COPY. An original copy of the compact is on file in the office of the secretary of state.

  3. Tex. Water Code Sec. 41.003. COMMISSIONER. The governor, with the advice and consent of the senate, shall appoint a commissioner to represent this state on the commission established by Article XII of the compact.

  4. Tex. Water Code Sec. 41.004. TERM OF OFFICE. The commissioner holds office for a term of six

  5. Tex. Water Code Sec. 41.005. OATH. The commissioner shall take the constitutional oath of office and shall also take an oath to faithfully perform his duties as commissioner.

  6. Tex. Water Code Sec. 41.006. COMPENSATION; EXPENSES. The commissioner is entitled to compensation as provided by legislative appropriation. On submission of detailed, sworn accounts, he is entitled to reimbursement for actual expenses incurred while traveling in the discharge of his duties.

  7. Tex. Water Code Sec. 41.007. EMPLOYEES; ADMINISTRATIVE EXPENSES. The commissioner, in conjunction with the other members of the commission and as authorized by legislative appropriation, may employ engineering and clerical personnel and may incur necessary office expenses and other expenses incident to the proper performance of his duties and the proper administration of the compact. However, the commissioner shall not incur any financial obligation on behalf of this state until the legislature has authorized and appropriated money for the obligation.

  8. Tex. Water Code Sec. 41.008. POWERS AND DUTIES. The commissioner is responsible for administering the provisions of the compact, and he has all the powers and duties prescribed by the compact.

  9. Tex. Water Code Sec. 41.0081. NOTICE OF COMPACT MEETINGS. For informational purposes, the commissioner shall file with the secretary of state notice of compact meetings for publication in the Texas Register.

  10. Tex. Water Code Sec. 41.0082. COOPERATION OF TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. The Texas Commission on Environmental Quality shall cooperate with the commissioner in the performance of his duties and shall furnish him any available data and information he needs.

  11. Article I

  12. Article II

  13. Article III

  14. Article IV

  15. Article IX

  16. Article V

  17. Article VI

  18. Article VII

  19. Article VIII

  20. Article X

  21. Article XI

  22. Article XII

  23. Article XIII

  24. Article XIV

  25. Article XV

  26. Article XVI

  27. Article XVII

  28. Tex. Water Code Sec. 41.009. TEXT OF COMPACT. The Rio Grande Compact reads as follows:

Chapter 42

  1. Tex. Water Code Sec. 42.001. RATIFICATION. The Pecos River Compact, the text of which is set out in Section 42.010 of this code, was ratified by the legislature of this state in Chapter 30, Acts of the 51st Legislature, Regular Session, 1949, after having been signed at Santa Fe, New Mexico, on December 3, 1948, by John H. Bliss, commissioner for the State of New Mexico, and Charles H. Miller, commissioner for the State of Texas, and approved by Berkeley Johnson, representing the United States.

  2. Tex. Water Code Sec. 42.002. ORIGINAL COPY. An original copy of the compact is on file in the office of the secretary of state.

  3. Tex. Water Code Sec. 42.003. COMMISSIONER. The governor, with the advice and consent of the senate, shall appoint a commissioner to represent this state on the commission established by Article V of the compact.

  4. Tex. Water Code Sec. 42.004. TERM OF OFFICE. The commissioner holds office for a term of six years and until his successor is appointed and has qualified.

  5. Tex. Water Code Sec. 42.005. OATH. The commissioner shall take the constitutional oath of office and shall also take an oath to faithfully perform his duties as commissioner.

  6. Tex. Water Code Sec. 42.006. COMPENSATION; EXPENSES. The commissioner is entitled to compensation as provided by legislative appropriation. He is entitled to reimbursement for actual expenses incurred while traveling in the discharge of his duties.

  7. Tex. Water Code Sec. 42.007. EMPLOYEES; ADMINISTRATIVE EXPENSES. The commissioner may employ engineering, legal, and clerical personnel as necessary to protect the interest of the state and to carry out and enforce the terms of the compact. He may incur necessary office expenses and other expenses incident to the proper performance of his duties and the proper administration of the compact. However, the commissioner shall not incur any financial obligation on behalf of this state until the legislature has authorized and appropriated money for the obligation.

  8. Tex. Water Code Sec. 42.0071. NOTICE OF COMPACT MEETINGS. For informational purposes, the commissioner shall file with the secretary of state notice of compact meetings for publication in the Texas Register.

  9. Tex. Water Code Sec. 42.008. POWERS AND DUTIES.

  10. Tex. Water Code Sec. 42.009. COOPERATION OF TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. The Texas Commission on Environmental Quality shall cooperate with the commissioner in the performance of his duties and shall furnish him any available data and information he needs.

  11. Article I

  12. Article II

  13. Article III

  14. Article IV

  15. Article IX

  16. Article V

  17. Article VI

  18. Article VII

  19. Article VIII

  20. Article X

  21. Article XI

  22. Article XII

  23. Article XIII

  24. Article XIV

  25. Article XV

  26. Tex. Water Code Sec. 42.010. TEXT OF COMPACT. The Pecos River Compact reads as follows:

Chapter 43

  1. Tex. Water Code Sec. 43.001. RATIFICATION. The Canadian River Compact, the text of which is set out in Section 43.006 of this code, was ratified by the legislature of this state in Chapter 153, Acts of the 52nd Legislature, Regular Session, 1951, after having been signed at Santa Fe, New Mexico, on December 6, 1950, by John H. Bliss, commissioner for the State of New Mexico, E.V. Spence, commissioner for the State of Texas, and Clarence Burch, commissioner for the State of Oklahoma, and approved by Berkeley Johnson, representing the United States.

  2. Tex. Water Code Sec. 43.002. ORIGINAL COPY. An original copy of the compact is on file in the office of the secretary of state.

  3. Tex. Water Code Sec. 43.003. COMMISSIONER. The governor shall appoint a commissioner to represent this state on the commission established by Article IX of the compact.

  4. Tex. Water Code Sec. 43.004. EXPENSES. The commissioner is entitled to reimbursement for actual expenses incurred in the discharge of his duties.

  5. Tex. Water Code Sec. 43.0041. TERM OF OFFICE. The commissioner holds office for a term of six years and until his successor is appointed and has qualified.

  6. Tex. Water Code Sec. 43.0042. OATH. The commissioner shall take the constitutional oath of office and shall also take an oath to faithfully perform his duties as commissioner.

  7. Tex. Water Code Sec. 43.0043. EMPLOYEES; ADMINISTRATIVE EXPENSES. The commissioner, in conjunction with the other members of the commission and as authorized by legislative appropriation, may employ engineering and clerical personnel and may incur necessary office expenses and other expenses incidental to the proper performance of his duties and the proper administration of the compact. However, the commissioner shall not incur any financial obligation on behalf of the state until the legislature has authorized and appropriated money for the obligation.

  8. Tex. Water Code Sec. 43.005. POWERS AND DUTIES.

  9. Tex. Water Code Sec. 43.0051. NOTICE OF COMPACT MEETINGS. For informational purposes, the commissioner shall file with the secretary of state notice of compact meetings for publication in the Texas Register.

  10. Tex. Water Code Sec. 43.0052. COOPERATION OF TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. The Texas Commission on Environmental Quality shall cooperate with the commissioner in the performance of his duties and shall furnish him any available data and information he needs.

  11. Tex. Water Code Sec. 43.0053. CANADIAN RIVER REVOLVING FUND. All sums of money paid to the Canadian River revolving fund composed solely of funds of the State of Texas shall be deposited in the State Treasury to the credit of a special fund to be known as the Canadian River revolving fund and may be used only for the administration of this Act.

  12. Article I

  13. Article II

  14. Article III

  15. Article IV

  16. Article IX

  17. Article V

  18. Article VI

  19. Article VII

  20. Article VIII

  21. Article X

  22. Article XI

  23. Tex. Water Code Sec. 43.006. TEXT OF COMPACT. The Canadian River Compact reads as follows:

Chapter 44

  1. Tex. Water Code Sec. 44.001. RATIFICATION. The Sabine River Compact, the text of which is set out in Section 44.010 of this code, was ratified by the legislature of this state in Chapter 63, Acts of the 53rd Legislature, Regular Session, 1953, after having been signed at Logansport, Louisiana, on January 26, 1953, by Roy T. Sessums, representative for the State of Louisiana, and Henry L. Woodworth and John W. Simmons, representatives for the State of Texas, and approved by Louis W. Prentiss, representative of the United States.

  2. Tex. Water Code Sec. 44.002. ORIGINAL COPY. An original copy of the compact is on file in the office of the secretary of state.

  3. Tex. Water Code Sec. 44.003. MEMBERS. The governor, with the advice and consent of the senate, shall appoint two members to represent this state on the administration established by Article VII of the compact.

  4. Tex. Water Code Sec. 44.004. TERMS OF OFFICE. The members hold office for staggered terms of six years, with the term of one member expiring every three years. Each member holds office until his successor is appointed and has qualified.

  5. Tex. Water Code Sec. 44.005. OATH. Each member shall take the constitutional oath of office and shall also take an oath to faithfully perform his duties as a member of the compact administration.

  6. Tex. Water Code Sec. 44.006. COMPENSATION; EXPENSES. Each member is entitled to compensation as provided by legislative appropriation and to reimbursement for actual expenses incurred in the discharge of his or her duties.

  7. Tex. Water Code Sec. 44.007. EMPLOYEES; ADMINISTRATIVE EXPENSES. The members may make investigations and appoint engineering, legal, and clerical employees as necessary to protect the interest of this state and to carry out and enforce the compact. They may incur necessary office expenses and other expenses incident to the proper performance of their duties and the proper administration of the compact.

  8. Tex. Water Code Sec. 44.0071. NOTICE OF COMPACT MEETINGS. For informational purposes, the commissioners shall file with the secretary of state notice of compact meetings for publication in the Texas Register.

  9. Tex. Water Code Sec. 44.008. POWERS AND DUTIES.

  10. Tex. Water Code Sec. 44.009. COOPERATION OF TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. The Texas Commission on Environmental Quality shall cooperate with the members in the performance of their duties and shall furnish them any available data and information they need.

  11. ARTICLE I

  12. ARTICLE II

  13. ARTICLE III

  14. ARTICLE IV

  15. ARTICLE IX

  16. ARTICLE V

  17. ARTICLE VI

  18. ARTICLE VII

  19. ARTICLE VIII

  20. ARTICLE X

  21. Tex. Water Code Sec. 44.010. TEXT OF COMPACT. The Sabine River Compact reads as follows:

Chapter 46

  1. Tex. Water Code Sec. 46.001. RATIFICATION. The Red River Compact, the text of which is set out in Section 46.013 of this code, is ratified and confirmed in all respects after having been signed at Denison Dam, on the Texas-Oklahoma border, on May 12, 1978, by John P. Saxton, commissioner for the State of Arkansas, Orville B. Saunders, commissioner for the State of Oklahoma, Arthur R. Theis, commissioner for the State of Louisiana, and Fred Parkey, commissioner for the State of Texas, and approved by R. C. Marshall, representative of the United States.

  2. Tex. Water Code Sec. 46.002. ORIGINAL COPY. An original copy of the compact is on file in the office of the secretary of state.

  3. Tex. Water Code Sec. 46.003. COMMISSIONER. The governor, with the advice and consent of the senate, shall appoint a commissioner to represent this state on the commission established by Article IX of the compact.

  4. Tex. Water Code Sec. 46.004. TERM OF OFFICE. The appointed commissioner holds office for a term of six years and until his or her successor is appointed and qualified.

  5. Tex. Water Code Sec. 46.005. OATH. The appointed commissioner shall take the constitutional oath of office and shall also take an oath to faithfully perform his or her duties as commissioner.

  6. Tex. Water Code Sec. 46.006. COMPENSATION; EXPENSES.

  7. Tex. Water Code Sec. 46.007. POWERS AND DUTIES. The appointed commissioner is responsible for administering the provisions of the compact and has all the powers and duties prescribed by the compact.

  8. Tex. Water Code Sec. 46.0071. NOTICE OF COMPACT MEETINGS. For informational purposes, the commissioner shall file with the secretary of state notice of compact meetings for publication in the Texas Register.

  9. Tex. Water Code Sec. 46.008. EXECUTIVE DIRECTOR.

  10. Tex. Water Code Sec. 46.009. EMPLOYEES; ADMINISTRATIVE EXPENSES. The commissioners, in conjunction with other members of the commission and as authorized by the legislature, may employ engineering and clerical personnel and may incur necessary office expenses for the appointed commissioner and other expenses incident to the proper performance of their duties and the proper administration of the compact. However, the commissioner shall not incur any financial obligation on behalf of this state until the legislature has authorized and appropriated money for the obligation.

  11. Tex. Water Code Sec. 46.010. COOPERATION OF TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. The Texas Commission on Environmental Quality shall cooperate with the commissioners in the performance of their duties and shall furnish them any factual data and information that are available.

  12. Tex. Water Code Sec. 46.011. NOTIFICATION OF OTHER PARTIES; COPIES. The governor shall notify the Governor of Arkansas, the Governor of Louisiana, the Governor of Oklahoma, and the President of the United States of the ratification of the compact by this state. On request of the governor, the secretary of state shall furnish to each of these other governors and the president a certified copy of the Act adopting this chapter of the code.

  13. Tex. Water Code Sec. 46.012. TIME WHEN COMPACT BINDING. The compact is binding and obligatory when it is ratified by the legislatures of Arkansas, Louisiana, and Oklahoma and consented to by the United States under Article XIII of the compact.

  14. Tex. Water Code Sec. 46.013. TEXT OF COMPACT. The Red River Compact reads as follows:

Chapter 49

  1. Tex. Water Code Sec. 49.001. DEFINITIONS.

  2. Tex. Water Code Sec. 49.002. APPLICABILITY.

  3. Tex. Water Code Sec. 49.003. PENALTY. A district that fails to comply with the filing provisions of this code may be subject to a civil penalty of up to $100 per day for each day the district wilfully continues to violate these provisions after receipt of written notice of violation from the executive director by certified mail, return receipt requested. The state may sue to recover the penalty.

  4. Tex. Water Code Sec. 49.004. PENALTY FOR VIOLATION OF DISTRICT RULES.

  5. Tex. Water Code Sec. 49.010. ORDER OR ACT CREATING DISTRICT. Within 60 days after the date a district is created, the district shall file with the executive director a certified copy of the order or legislative Act creating the district or authorizing its creation, unless the district was created by order of the commission.

  6. Tex. Water Code Sec. 49.011. NOTICE APPLICABLE TO CREATION OF A DISTRICT BY THE COMMISSION.

  7. Tex. Water Code Sec. 49.051. BOARD OF DIRECTORS. A district shall be governed by its board, the number of which is otherwise provided by law.

  8. Tex. Water Code Sec. 49.052. DISQUALIFICATION OF DIRECTORS.

  9. Tex. Water Code Sec. 49.053. QUORUM. A majority of the membership of the board constitutes a quorum for any meeting, and a concurrence of a majority of the entire membership of the board is sufficient for transacting any business of the district. This section does not apply to special water authorities.

  10. Tex. Water Code Sec. 49.054. OFFICERS.

  11. Tex. Water Code Sec. 49.055. SWORN STATEMENT, BOND, AND OATH OF OFFICE.

  12. Tex. Water Code Sec. 49.056. GENERAL MANAGER.

  13. Tex. Water Code Sec. 49.057. MANAGEMENT OF DISTRICT.

  14. Tex. Water Code Sec. 49.058. CONFLICTS OF INTEREST. A director of a district is subject to the provisions of Chapter 171, Local Government Code, relating to the regulation of conflicts of interest of officers of local governments.

  15. Tex. Water Code Sec. 49.059. TAX ASSESSOR AND COLLECTOR.

  16. Tex. Water Code Sec. 49.060. FEES OF OFFICE; REIMBURSEMENT.

  17. Tex. Water Code Sec. 49.061. SEAL. The directors shall adopt a seal for the district.

  18. Tex. Water Code Sec. 49.062. OFFICES AND MEETING PLACES.

  19. Tex. Water Code Sec. 49.063. NOTICE OF MEETINGS.

  20. Tex. Water Code Sec. 49.0631. DISTRICT INFORMATION ON WATER BILL. A district providing potable water or sewer service shall as a part of the district's billing process include on a district's bill to a customer the following statement: "For more information about the district, including information about the district's board and board meetings, please go to the Comptroller's Special Purpose District Public Information Database or (district's Internet website if the district maintains an Internet website, or, if the district does not maintain an Internet website, the Internet website or websites the district uses to comply with Section 2051.202, Government Code, and Section 26.18, Tax Code)." The statement may be altered to provide the current Internet website address of the database created under Section 403.0241, Government Code, the district, or the Internet website or websites the district uses to comply with Section 2051.202, Government Code, and Section 26.18, Tax Code.

  21. Tex. Water Code Sec. 49.064. MEETINGS. The board shall hold such regular and special meetings as may be necessary for the proper conduct of the district's business. All meetings shall be conducted in accordance with the open meetings law, Chapter 551, Government Code. A meeting of a committee of the board, or a committee composed of representatives of more than one board, where less than a quorum of any one board is present is not subject to the provisions of the open meetings law, Chapter 551, Government Code.

  22. Tex. Water Code Sec. 49.065. RECORDS.

  23. Tex. Water Code Sec. 49.066. SUITS.

  24. Tex. Water Code Sec. 49.067. CONTRACTS.

  25. Tex. Water Code Sec. 49.068. CONTRACTS WITH GOVERNMENTAL AGENCIES.

  26. Tex. Water Code Sec. 49.069. EMPLOYEE BENEFITS.

  27. Tex. Water Code Sec. 49.070. WORKERS' COMPENSATION. The board may become a subscriber under Title 5, Labor Code (Texas Workers' Compensation Act), with any insurance company authorized to write the policies in the State of Texas.

  28. Tex. Water Code Sec. 49.071. DISTRICT NAME CHANGE.

  29. Tex. Water Code Sec. 49.072. LIMITATION ON FUTURE EMPLOYMENT.

  30. Tex. Water Code Sec. 49.101. GENERAL. All elections shall be generally conducted in accordance with the Election Code except as otherwise provided for by this code. Write-in candidacies for any district office shall be governed by Subchapter C, Chapter 146, Election Code.

  31. Tex. Water Code Sec. 49.102. CONFIRMATION AND DIRECTOR ELECTION.

  32. Tex. Water Code Sec. 49.1025. QUALIFIED VOTERS IN CONFIRMATION ELECTION.

  33. Tex. Water Code Sec. 49.103. TERMS OF OFFICE OF DIRECTORS.

  34. Tex. Water Code Sec. 49.104. ALTERNATIVE ELECTION PROCEDURES.

  35. Tex. Water Code Sec. 49.1045. CERTIFICATION OF ELECTION RESULTS IN LESS POPULOUS DISTRICTS.

  36. Tex. Water Code Sec. 49.105. VACANCIES.

  37. Tex. Water Code Sec. 49.106. BOND ELECTIONS.

  38. Tex. Water Code Sec. 49.107. OPERATION AND MAINTENANCE TAX.

  39. Tex. Water Code Sec. 49.108. CONTRACT ELECTIONS.

  40. Tex. Water Code Sec. 49.109. AGENT DURING ELECTION PERIOD. The board may appoint a person, including a district officer, employee, or consultant, to serve as the district's agent under Section 31.123, Election Code.

  41. Tex. Water Code Sec. 49.110. ELECTION JUDGE.

  42. Tex. Water Code Sec. 49.111. EXEMPTIONS FROM USE OF ACCESSIBLE VOTING SYSTEMS.

  43. Tex. Water Code Sec. 49.112. CANCELLATION OF ELECTION; REMOVAL OF BALLOT MEASURE. Before the first day of early voting by personal appearance, the board by order or resolution may cancel an election called at the discretion of the district or may remove from the ballot a measure included at the discretion of the district. A copy of the order or resolution must be posted during the period for early voting by personal appearance and on election day at each polling place that is used or that would have been used in the election.

  44. Tex. Water Code Sec. 49.113. NOTICE FOR FILING FOR PLACE ON BALLOT. A notice required by Section 141.040, Election Code, must be posted at the district's administrative office in the district or at the public place established by the district under Section 49.063 of this chapter not later than the 30th day before the deadline for a candidate to file an application for a place on the ballot of a district directors' election.

  45. Tex. Water Code Sec. 49.151. EXPENDITURES.

  46. Tex. Water Code Sec. 49.152. PURPOSES FOR BORROWING MONEY. The district may issue bonds, notes, or other obligations to borrow money for any corporate purpose or combination of corporate purposes only in compliance with the methods and procedures provided by this chapter or by other applicable law.

  47. Tex. Water Code Sec. 49.153. REVENUE NOTES.

  48. Tex. Water Code Sec. 49.154. BOND ANTICIPATION NOTES; TAX ANTICIPATION NOTES.

  49. Tex. Water Code Sec. 49.155. PAYMENT OF EXPENSES.

  50. Tex. Water Code Sec. 49.156. DEPOSITORY.

  51. Tex. Water Code Sec. 49.157. INVESTMENTS.

  52. Tex. Water Code Sec. 49.1571. INVESTMENT OFFICER.

  53. Tex. Water Code Sec. 49.158. FISCAL YEAR. Within 30 days after a district becomes financially active, the board shall adopt a fiscal year by a formal board resolution. The district shall notify the executive director of the adopted fiscal year within 30 days after adoption. The district may change its fiscal year at any time; provided, however, it may not be changed more than once in any 24-month period. After any change in the district's fiscal year, the district shall notify the executive director of the changed fiscal year within 30 days after adoption.

  54. Tex. Water Code Sec. 49.181. AUTHORITY OF COMMISSION OVER ISSUANCE OF DISTRICT BONDS.

  55. Tex. Water Code Sec. 49.182. COMMISSION SUPERVISION OF PROJECTS AND IMPROVEMENTS.

  56. Tex. Water Code Sec. 49.183. BOND SALES.

  57. Tex. Water Code Sec. 49.184. APPROVAL OF BONDS BY ATTORNEY GENERAL; REGISTRATION OF BONDS.

  58. Tex. Water Code Sec. 49.185. EXEMPTIONS. This subchapter shall not apply to districts engaged in the distribution and sale of electric energy to the public.

  59. Tex. Water Code Sec. 49.186. AUTHORIZED INVESTMENTS; SECURITY FOR FUNDS.

  60. Tex. Water Code Sec. 49.191. DUTY TO AUDIT.

  61. Tex. Water Code Sec. 49.192. FORM OF AUDIT. The executive director shall adopt accounting and auditing manuals and, except as otherwise provided by the manuals, the district audit shall be performed according to the generally accepted auditing standards adopted by the American Institute of Certified Public Accountants. Financial statements shall be prepared in accordance with generally accepted accounting principles as adopted by the American Institute of Certified Public Accountants.

  62. Tex. Water Code Sec. 49.193. FINANCIAL REPORTS. The district's depository, the district's treasurer, and the district's bookkeeper, if any, who receives or has control over any district funds shall keep a full and itemized account of district funds in its, his, or her possession. Such itemized accounts and records shall be available for audit.

  63. Tex. Water Code Sec. 49.194. FILING OF AUDITS, AFFIDAVITS, AND FINANCIAL REPORTS.

  64. Tex. Water Code Sec. 49.195. REVIEW BY EXECUTIVE DIRECTOR.

  65. Tex. Water Code Sec. 49.196. ACCESS TO AND MAINTENANCE OF DISTRICT RECORDS.

  66. Tex. Water Code Sec. 49.197. FINANCIALLY DORMANT DISTRICTS.

  67. Tex. Water Code Sec. 49.198. AUDIT REPORT EXEMPTION.

  68. Tex. Water Code Sec. 49.199. POLICIES AND AUDITS OF DISTRICTS.

  69. Tex. Water Code Sec. 49.1991. EFFICIENCY REVIEW OF RIVER AUTHORITIES. A district that is a river authority is subject to an efficiency review by the Legislative Budget Board.

  70. Tex. Water Code Sec. 49.200. REVIEW AND COMMENT ON BUDGET OF CERTAIN DISTRICTS. A district that provides wholesale potable water and wastewater services shall adopt a program that provides such wholesale customers an opportunity to review and comment on the district's annual budget that applies to their services before that budget is adopted by the board.

  71. Tex. Water Code Sec. 49.211. POWERS.

  72. Tex. Water Code Sec. 49.212. FEES AND CHARGES.

  73. Tex. Water Code Sec. 49.2121. ACCEPTANCE OF CREDIT CARDS.

  74. Tex. Water Code Sec. 49.2122. ESTABLISHMENT OF CUSTOMER CLASSES.

  75. Tex. Water Code Sec. 49.2125. FEES AND OTHER CHARGES OF CERTAIN REGIONAL WATER AUTHORITIES AFTER ANNEXATION.

  76. Tex. Water Code Sec. 49.2127. PIPELINE FEES AND REQUIREMENTS IMPOSED BY CERTAIN DISTRICTS.

  77. Tex. Water Code Sec. 49.213. AUTHORITY TO ISSUE CONTRACTS.

  78. Tex. Water Code Sec. 49.214. CONFLICTS OF INTEREST IN CONTRACTS. The provisions of Chapter 171, Local Government Code, shall apply to the award of district contracts.

  79. Tex. Water Code Sec. 49.2145. USE OF MONEY RECEIVED UNDER CERTAIN CONTRACTS.

  80. Tex. Water Code Sec. 49.215. SERVICE TO AREAS OUTSIDE THE DISTRICT.

  81. Tex. Water Code Sec. 49.216. ENFORCEMENT BY PEACE OFFICERS.

  82. Tex. Water Code Sec. 49.217. OPERATION OF CERTAIN MOTOR VEHICLES ON OR NEAR PUBLIC FACILITIES.

  83. Tex. Water Code Sec. 49.218. ACQUISITION OF PROPERTY.

  84. Tex. Water Code Sec. 49.219. ACQUISITION OF EXISTING FACILITIES. Any district may acquire by agreement all or any part of existing water, sanitary sewer, or drainage systems of any water supply corporation, including works, improvements, facilities, plants, equipment, appliances, contract rights, and other assets and rights that are completed, partially completed, or under construction, and in connection therewith a district may assume all or any part of the contracts, indebtedness, or obligations of the corporation related to said systems, including any contracts, indebtedness, or obligations related to or payable from the revenues of said systems, and may perform all or any part of the obligations of said corporation in the same manner and to the same extent that any other purchaser or assignee could be bound on any such contracts, indebtedness, or obligations. Before assuming any indebtedness or obligations of such corporation related to any such system, a district other than a special water authority shall obtain the approval of the commission of such assumption.

  85. Tex. Water Code Sec. 49.220. RIGHT TO USE EXISTING RIGHTS-OF-WAY. All districts or water supply corporations are given rights-of-way within, along, under, and across all public, state, county, city, town, or village roads, highways, and rights-of-way and other public rights-of-way without the requirement for surety bond or security; provided, however, that the entity having jurisdiction over such roads, highways, and rights-of-way may require indemnification. A district or water supply corporation shall not proceed with any action to change, alter, or damage a portion of the state highway system without having first obtained the written consent of the Texas Department of Transportation, and the placement of any facility of a district or water supply corporation within state highway right-of-way shall be subject to department regulation.

  86. Tex. Water Code Sec. 49.221. RIGHT TO ENTER LAND.

  87. Tex. Water Code Sec. 49.222. EMINENT DOMAIN.

  88. Tex. Water Code Sec. 49.223. COSTS OF RELOCATION OF PROPERTY.

  89. Tex. Water Code Sec. 49.224. POWER TO CONDEMN CEMETERIES.

  90. Tex. Water Code Sec. 49.225. LEASES. A district may lease any of its property, real or personal, to any person. The lease may contain the terms and provisions that the board determines to be advantageous to the district.

  91. Tex. Water Code Sec. 49.226. SALE OR EXCHANGE OF REAL OR PERSONAL PROPERTY.

  92. Tex. Water Code Sec. 49.2261. PURCHASE, SALE, OR OTHER EXCHANGE OF WATER OR WATER RIGHTS. Notwithstanding any other law, the district may:

  93. Tex. Water Code Sec. 49.227. AUTHORITY TO ACT JOINTLY. A district or water supply corporation may act jointly with any other person or entity, private or public, whether within the State of Texas or the United States, in the performance of any of the powers and duties permitted by this code or any other laws.

  94. Tex. Water Code Sec. 49.228. DAMAGE TO PROPERTY. A person who wilfully destroys, defaces, damages, or interferes with district or water supply corporation property is guilty of a Class B misdemeanor.

  95. Tex. Water Code Sec. 49.229. GRANTS AND GIFTS. A district may accept grants, gratuities, advances, and loans in any form from any source approved by the board, including any governmental entity, any private or public corporation, and any other person and may make and enter into contracts, agreements, and covenants the board considers appropriate in connection with acceptance of grants, gratuities, advances, and loans.

  96. Tex. Water Code Sec. 49.2291. DONATIONS FOR ECONOMIC DEVELOPMENT.

  97. Tex. Water Code Sec. 49.230. AREA-WIDE WASTEWATER TREATMENT. The powers and duties conferred on the district are granted subject to the policy of the state to encourage the development and use of integrated area-wide wastewater collection, treatment, and disposal systems to serve the wastewater disposal needs of the citizens of the state whenever economically feasible and competitive to do so, it being an objective of the policy to avoid the economic burden to the people and the impact on the quality of the water in the state that result from the construction and operation of numerous small wastewater collection, treatment, and disposal facilities to serve an area when an integrated area-wide wastewater collection, treatment, and disposal system for the area can be reasonably provided.

  98. Tex. Water Code Sec. 49.231. STANDBY FEES.

  99. Tex. Water Code Sec. 49.232. LABORATORY AND ENVIRONMENTAL SERVICES. A district may contract with any person, within or without the boundaries of the district, to provide or receive laboratory or environmental services related to environmental, health, or drinking water testing.

  100. Tex. Water Code Sec. 49.233. ELECTRIC GENERATION, TRANSMISSION, AND DISTRIBUTION FOR CERTAIN DISTRICTS.

  101. Tex. Water Code Sec. 49.234. PROHIBITION OF CERTAIN PRIVATE ON-SITE FACILITIES.

  102. Tex. Water Code Sec. 49.235. DISTRICT ACT OR PROCEEDING PRESUMED VALID.

  103. Tex. Water Code Sec. 49.236. NOTICE OF TAX HEARING.

  104. Tex. Water Code Sec. 49.23601. AUTOMATIC ELECTION TO APPROVE TAX RATE FOR LOW TAX RATE DISTRICTS.

  105. Tex. Water Code Sec. 49.23602. AUTOMATIC ELECTION TO APPROVE TAX RATE FOR CERTAIN DEVELOPED DISTRICTS.

  106. Tex. Water Code Sec. 49.23603. PETITION ELECTION TO REDUCE TAX RATE FOR CERTAIN DISTRICTS.

  107. Tex. Water Code Sec. 49.237. DISTRICT CONSENT REQUIREMENT.

  108. Tex. Water Code Sec. 49.238. IRRIGATION SYSTEMS.

  109. Tex. Water Code Sec. 49.239. COOPERATIVE FLOOD CONTROL. A district, including a river authority, may participate in cooperative flood control planning for the purpose of obtaining financial assistance as an eligible political subdivision for a flood control project under Subchapter I, Chapter 15.

  110. Tex. Water Code Sec. 49.271. CONTRACTS FOR CONSTRUCTION WORK.

  111. Tex. Water Code Sec. 49.272. REPORTS FURNISHED TO PROSPECTIVE BIDDERS. The board shall furnish to any person who desires to bid on construction work, and who makes a request in writing, a copy of the engineer's report or plans and specifications showing the details of the work to be done. The board may charge for each copy of the engineer's report or plans and specifications an amount sufficient to cover the cost of making the copy.

  112. Tex. Water Code Sec. 49.273. CONTRACT AWARD.

  113. Tex. Water Code Sec. 49.2731. PROCEDURES FOR ELECTRONIC BIDS.

  114. Tex. Water Code Sec. 49.274. EMERGENCY APPROVAL OF DISTRICT PROJECTS. If a district experiences an emergency condition that may create a serious health hazard or unreasonable economic loss to the district that requires immediate corrective action, the district may negotiate limited duration contracts to make the necessary repairs. The district shall submit to the executive director details describing the specific serious health hazard or unreasonable economic loss as soon as practicable following the issuance of the contracts. Whenever possible, the district should obtain prior approval of the executive director before authorizing the contract, but failure to obtain prior approval shall not void the contract. This section does not apply to special water authorities.

  115. Tex. Water Code Sec. 49.275. CONTRACTOR'S BOND. Any person, firm, partnership, or corporation to whom a contract is let must give good and sufficient performance and payment bonds in accordance with Chapter 2253, Government Code, and any minimum criteria for sureties issuing such bonds adopted by a district in accordance with Section 49.271.

  116. Tex. Water Code Sec. 49.276. PAYMENT FOR CONSTRUCTION WORK.

  117. Tex. Water Code Sec. 49.277. INSPECTION OF AND REPORTS ON CONSTRUCTION WORK.

  118. Tex. Water Code Sec. 49.278. NONAPPLICABILITY.

  119. Tex. Water Code Sec. 49.279. PREVAILING WAGE RATES. In addition to the alternative procedures provided by Section 2258.022, Government Code:

  120. Tex. Water Code Sec. 49.301. ADDING LAND BY PETITION OF LANDOWNER.

  121. Tex. Water Code Sec. 49.302. ADDING LAND BY PETITION OF LESS THAN ALL THE LANDOWNERS.

  122. Tex. Water Code Sec. 49.303. EXCLUDING LAND OR OTHER PROPERTY FROM DISTRICT.

  123. Tex. Water Code Sec. 49.304. HEARING TO ANNOUNCE PROPOSED EXCLUSIONS AND TO RECEIVE PETITIONS.

  124. Tex. Water Code Sec. 49.305. PETITION.

  125. Tex. Water Code Sec. 49.306. GROUNDS FOR EXCLUSION. Exclusions from the district may be made on the grounds that:

  126. Tex. Water Code Sec. 49.307. HEARING AND ORDER EXCLUDING LAND.

  127. Tex. Water Code Sec. 49.3075. EXCLUSION FOR FAILURE TO PROVIDE SUFFICIENT SERVICES; NO OUTSTANDING BONDS.

  128. Tex. Water Code Sec. 49.3076. EXCLUSION FOR FAILURE TO PROVIDE SUFFICIENT SERVICES; BONDS OUTSTANDING.

  129. Tex. Water Code Sec. 49.3077. TAX LIABILITY OF EXCLUDED LAND; BONDS OUTSTANDING.

  130. Tex. Water Code Sec. 49.3078. PETITION FOR EXCLUSION: ADDITIONAL DUTIES. A landowner who signs a petition for the exclusion of land that is filed with a district under Section 49.3076 must submit a copy of the petition to the commission. On receipt of a copy of a petition, the executive director shall review the most recent financial information for the applicable district, including current debt requirements, debt service cash flow, and proposed debt obligations, to confirm that an exclusion of land conducted in accordance with Sections 49.3076 and 49.3077 does not adversely affect the interests of district bondholders. The executive director shall notify the landowner and the district when the review is complete.

  131. Tex. Water Code Sec. 49.308. SUIT TO REVIEW EXCLUSION.

  132. Tex. Water Code Sec. 49.309. EXCLUSION OF NONIRRIGATED PROPERTY. For the purposes of this section and Sections 49.310 through 49.314, the following definitions shall apply:

  133. Tex. Water Code Sec. 49.310. AUTHORITY TO EXCLUDE LAND.

  134. Tex. Water Code Sec. 49.311. CONSENT FROM HOLDERS OF INDEBTEDNESS. If the district has outstanding bonded indebtedness, or indebtedness under a loan from a governmental agency, a written consent from an authorized representative of the holder or holders of the indebtedness consenting to the exclusion shall be obtained and filed with the district before the hearing.

  135. Tex. Water Code Sec. 49.312. RESULTS OF EXCLUSION.

  136. Tex. Water Code Sec. 49.313. DISTRICT FACILITIES ON EXCLUDED PROPERTY. If any canals, ditches, pipelines, pumps, or other facilities of the district are located on lands excluded by the resolution of the board, the exclusion does not affect or interfere with any rights that the district has to maintain and continue operation of the facilities as located for the purpose of servicing lands remaining in the district.

  137. Tex. Water Code Sec. 49.314. WATER ALLOCATIONS.

  138. Tex. Water Code Sec. 49.315. ADDING AND EXCLUDING LAND BEFORE CONFIRMATION.

  139. Tex. Water Code Sec. 49.316. DIVISION OF DISTRICT.

  140. Tex. Water Code Sec. 49.3181. DEFINITIONS. As used in this subchapter:

  141. Tex. Water Code Sec. 49.3182. CONDITIONS FOR EXCLUSION OF URBAN PROPERTY. Urban property that is located in a district may be excluded from the district as provided by this subchapter only after the following have been paid to the district:

  142. Tex. Water Code Sec. 49.3183. APPLICATION FOR EXCLUSION.

  143. Tex. Water Code Sec. 49.3184. CONSIDERATION OF APPLICATION.

  144. Tex. Water Code Sec. 49.3185. DETERMINATION OF PROPORTIONATE AMOUNT OF INDEBTEDNESS.

  145. Tex. Water Code Sec. 49.3186. DEADLINE FOR PAYMENT OF AMOUNTS DUE. The order of the board approving further consideration of the application has no force or effect and no further proceeding may be held on the application unless the applicant deposits with the district the amounts due under Section 49.3182 not later than:

  146. Tex. Water Code Sec. 49.3187. NOTICE AND HEARING.

  147. Tex. Water Code Sec. 49.3188. RESOLUTION EXCLUDING URBAN PROPERTY OR REJECTING APPLICATION; EFFECTS OF EXCLUSION.

  148. Tex. Water Code Sec. 49.3189. CONVERSION OF WATER RIGHTS. After a district excludes land from the district's territory under this subchapter, the municipality or other municipal supplier that proposes to serve the land with a potable water supply may petition the district to convert the proportionate water rights previously allocated for the land from irrigation use rights to municipal use rights for the use and benefit of the municipality or other municipal supplier. The district shall compute the proportionate water rights available and shall initiate administrative proceedings to convert the irrigation use rights to municipal use rights. Before the district is obligated to initiate the administrative proceedings, the municipality or other municipal supplier must deposit with the district the amount that the district estimates the district will incur as reasonable expenses and attorney's fees in those proceedings. On approval of the conversion by the commission, the district shall deliver the water to the municipality or other municipal supplier in the manner those entities may agree to under this code.

  149. Tex. Water Code Sec. 49.321. DISSOLUTION AUTHORITY. After notice and hearing, the commission may dissolve any district that is inactive for a period of five consecutive years and has no outstanding bonded indebtedness.

  150. Tex. Water Code Sec. 49.322. NOTICE OF HEARING.

  151. Tex. Water Code Sec. 49.3225. ORDER WITHOUT HEARING.

  152. Tex. Water Code Sec. 49.323. INVESTIGATION. The executive director shall investigate the facts and circumstances of the district to be dissolved and the result of the investigation shall be included in a written report.

  153. Tex. Water Code Sec. 49.324. ORDER OF DISSOLUTION. The commission may enter an order dissolving the district at the conclusion of the hearing if it finds that the district has performed none of the functions for which it was created for a period of five consecutive years before the day of the proceeding and that the district has no outstanding bonded indebtedness.

  154. Tex. Water Code Sec. 49.325. CERTIFIED COPY OF ORDER. The commission shall file a certified copy of the order of dissolution of the district in the deed records of the county or counties in which the district is located. If the particular district was created by a special Act of the legislature, the commission shall file a certified copy of the order of dissolution with the secretary of state.

  155. Tex. Water Code Sec. 49.326. APPEALS.

  156. Tex. Water Code Sec. 49.327. ASSETS ESCHEAT TO STATE. Upon the dissolution of a district by the commission, all assets of the district shall escheat to the State of Texas. The assets shall be administered by the comptroller and shall be disposed of in the manner provided by Chapter 74, Property Code.

  157. Tex. Water Code Sec. 49.351. FIRE DEPARTMENTS.

  158. Tex. Water Code Sec. 49.352. MUNICIPAL SYSTEM IN UNSERVED AREA.

  159. Tex. Water Code Sec. 49.353. MUNICIPAL CONTRACT FOR FIRE-FIGHTING SERVICES IN CERTAIN COUNTIES.

  160. Tex. Water Code Sec. 49.451. POSTING SIGNS IN THE DISTRICT.

  161. Tex. Water Code Sec. 49.452. NOTICE TO PURCHASERS.

  162. Tex. Water Code Sec. 49.4521. PRESCRIBED NOTICE TO PURCHASERS.

  163. Tex. Water Code Sec. 49.453. NOTICE FORM FROM DISTRICT.

  164. Tex. Water Code Sec. 49.454. NOTICE OF UNPAID STANDBY FEES.

  165. Tex. Water Code Sec. 49.455. FILING INFORMATION.

  166. Tex. Water Code Sec. 49.456. BANKRUPTCY OF DISTRICTS; AUTHORITY OF COMMISSION.

  167. Tex. Water Code Sec. 49.461. POLICY AND PURPOSE.

  168. Tex. Water Code Sec. 49.462. DEFINITIONS. In this subchapter:

  169. Tex. Water Code Sec. 49.463. AUTHORIZATION OF RECREATIONAL FACILITIES. In addition to the other purposes for which a district is created, a district is created for the purpose of financing, developing, and maintaining recreational facilities for the people in the district. A district may accomplish this purpose as provided in this subchapter.

  170. Tex. Water Code Sec. 49.464. ACQUISITION OF AND PAYMENT FOR RECREATIONAL FACILITIES.

  171. Tex. Water Code Sec. 49.4641. RECREATIONAL FACILITIES ON SITES ACQUIRED FOR WATER, SEWER, OR DRAINAGE FACILITIES.

  172. Tex. Water Code Sec. 49.4645. DISTRICT IN CERTAIN COUNTIES: BONDS FOR RECREATIONAL FACILITIES.

  173. Tex. Water Code Sec. 49.465. STANDARDS. The board by rule shall establish standards for recreational facilities to be developed and maintained by a district and for the allocation of a district's funds for developing and maintaining recreational facilities in relation to a district's financial requirements for other purposes. To prevent duplication of recreational facilities provided by other governmental entities, rules adopted by the board under this section must require a district, before developing recreational facilities, to make findings that the size and location of the facilities have been established in consideration of municipal or county recreational facilities, whether existing or proposed, that serve or will serve the area in which the district is located.

  174. Tex. Water Code Sec. 49.466. COMMISSION RULES.

  175. Tex. Water Code Sec. 49.501. DEFINITION. In this subchapter, "municipal water supplier" means a municipality, a water supply corporation, or a special utility district converted from a water supply corporation.

  176. Tex. Water Code Sec. 49.502. APPLICABILITY. This subchapter applies only to a district, other than a drainage district, located wholly or partly in a county:

  177. Tex. Water Code Sec. 49.503. PETITION BY MUNICIPAL WATER SUPPLIER TO CONVERT WATER USE AFTER SUBDIVISION.

  178. Tex. Water Code Sec. 49.504. EFFECT OF MUNICIPAL WATER SUPPLIER'S FAILURE TO FILE A PETITION.

  179. Tex. Water Code Sec. 49.505. CALCULATION OF PROPORTIONATE WATER RIGHTS. A district that receives a petition under Section 49.503 shall compute the proportionate amount of water rights to the Rio Grande. The proportionate amount of water rights is equal to the amount of irrigable acres of land in the subdivision multiplied by the lesser of:

  180. Tex. Water Code Sec. 49.506. PROVISION OR CONVERSION OF PROPORTIONATE WATER RIGHTS BY DISTRICT.

  181. Tex. Water Code Sec. 49.507. CONTRACT TO PURCHASE PROPORTIONATE WATER RIGHTS; WATER RIGHTS SALE CONTRACT.

  182. Tex. Water Code Sec. 49.508. CONTRACT TO USE PROPORTIONATE WATER RIGHTS; WATER SUPPLY CONTRACT.

  183. Tex. Water Code Sec. 49.509. DUTY OF RIO GRANDE REGIONAL WATER AUTHORITY TO CALCULATE CURRENT MARKET VALUE.

  184. Tex. Water Code Sec. 49.510. ACCOUNTING FOR SALE OF WATER RIGHTS. A district shall maintain an accounting of money received from the sale of water rights under this subchapter.

  185. Tex. Water Code Sec. 49.511. CAPITAL IMPROVEMENTS. A district shall designate at least 75 percent of the proceeds from the sale of water rights for capital improvements in the district.

  186. Tex. Water Code Sec. 49.512. MAP OF SERVICE AREA.

Chapter 50

  1. Tex. Water Code Sec. 50.004. WRITE-IN VOTING IN CERTAIN DISTRICTS.

  2. Tex. Water Code Sec. 50.107. AUTHORITY OF COMMISSION OVER ISSUANCE OF DISTRICT BONDS.

Chapter 51

  1. Tex. Water Code Sec. 51.001. DEFINITIONS. In this chapter:

  2. Tex. Water Code Sec. 51.011. CREATION OF DISTRICT. A water control and improvement district may be created under and subject to the authority, conditions, and restrictions of either Article III, Section 52, of the Texas Constitution, or Article XVI, Section 59, of the Texas Constitution.

  3. Tex. Water Code Sec. 51.012. COMPOSITION OF DISTRICT.

  4. Tex. Water Code Sec. 51.013. PETITION.

  5. Tex. Water Code Sec. 51.014. CONTENTS OF PETITION. The petition shall include:

  6. Tex. Water Code Sec. 51.015. PLACE OF FILING; RECORDING.

  7. Tex. Water Code Sec. 51.016. COMMISSIONERS COURT OR COMMISSION TO CONSIDER CREATION OF DISTRICT. If the land to be included in a district is within one county, the creation of the district shall be considered and ordered by the commissioners court, but if the land to be included in a district is in two or more counties, the creation of the district shall be considered and ordered by the commission.

  8. Tex. Water Code Sec. 51.017. SINGLE-COUNTY DISTRICT: HEARING.

  9. Tex. Water Code Sec. 51.018. SINGLE-COUNTY DISTRICT: NOTICE OF HEARING.

  10. Tex. Water Code Sec. 51.019. SINGLE-COUNTY DISTRICT: NAME.

  11. Tex. Water Code Sec. 51.020. SINGLE-COUNTY DISTRICT: TESTIMONY AT HEARING.

  12. Tex. Water Code Sec. 51.021. SINGLE-COUNTY DISTRICT: GRANTING OR REFUSING PETITION.

  13. Tex. Water Code Sec. 51.022. SINGLE-COUNTY DISTRICT: APPEAL FROM ORDER OF COMMISSIONERS COURT.

  14. Tex. Water Code Sec. 51.023. SINGLE-COUNTY DISTRICT: RECORD ON APPEAL; NOTICE OF APPEAL.

  15. Tex. Water Code Sec. 51.024. SINGLE-COUNTY DISTRICT: HEARING IN DISTRICT COURT; PROCEDURE.

  16. Tex. Water Code Sec. 51.025. SINGLE-COUNTY DISTRICT: JUDGMENT OF DISTRICT COURT; APPEAL.

  17. Tex. Water Code Sec. 51.026. SINGLE-COUNTY DISTRICT: APPOINTMENT OF DIRECTORS; BOND.

  18. Tex. Water Code Sec. 51.027. MULTI-COUNTY DISTRICT: HEARING BY COMMISSION.

  19. Tex. Water Code Sec. 51.028. MULTI-COUNTY DISTRICT: NOTICE OF HEARING.

  20. Tex. Water Code Sec. 51.031. MULTI-COUNTY DISTRICT: APPEAL FROM COMMISSION DECISION.

  21. Tex. Water Code Sec. 51.032. MULTI-COUNTY DISTRICT: APPOINTMENT OF DIRECTORS BY COMMISSION; BOND.

  22. Tex. Water Code Sec. 51.035. INCLUSION OF CITY, TOWN, OR MUNICIPAL CORPORATION IN DISTRICT.

  23. Tex. Water Code Sec. 51.036. CONFIRMATION ELECTION IN DISTRICT INCLUDING LAND IN MORE THAN ONE COUNTY. No district, the major portion of which is located in one county, may be organized to include land in another county unless the election held in the other county to confirm and ratify the creation of the district is adopted by those voting in the other county.

  24. Tex. Water Code Sec. 51.037. EXCLUSION OF PARTS OF DISTRICT; DISSOLUTION.

  25. Tex. Water Code Sec. 51.038. MUNICIPAL DISTRICTS.

  26. Tex. Water Code Sec. 51.039. BONDS OF MUNICIPAL DISTRICTS.

  27. Tex. Water Code Sec. 51.040. CONVERSION OF CERTAIN DISTRICTS INTO DISTRICTS OPERATING UNDER THIS CHAPTER.

  28. Tex. Water Code Sec. 51.041. CONVERSION OF DISTRICT; NOTICE.

  29. Tex. Water Code Sec. 51.042. CONVERSION OF DISTRICT; FINDINGS.

  30. Tex. Water Code Sec. 51.043. EFFECT OF CONVERSION. A district which converts into a district operating under this chapter shall:

  31. Tex. Water Code Sec. 51.044. RESERVATION OF CERTAIN POWERS FOR CONVERTED DISTRICTS.

  32. Tex. Water Code Sec. 51.045. CONVERSION OF A DISTRICT OPERATING UNDER THIS CHAPTER TO A FRESH WATER SUPPLY DISTRICT.

  33. Tex. Water Code Sec. 51.046. ORGANIZATION OF DISTRICT TO CONDUCT PRELIMINARY SURVEYS. A district may be organized for the sole purpose of conducting preliminary surveys to determine whether or not improvements are needed and what improvements, if any, are required to promote the public welfare.

  34. Tex. Water Code Sec. 51.047. CREATION OF MASTER DISTRICT. A master district may be created under this chapter and may include all or any part of the area of one or more districts created and operating under the provisions of this chapter or Chapters 53, 55, 56, 57, 60-63 of this code or Chapter 3, Title 128, Revised Civil Statutes of Texas, 1925.

  35. Tex. Water Code Sec. 51.048. PURPOSES OF MASTER DISTRICT.

  36. Tex. Water Code Sec. 51.049. MASTER DISTRICT; PROCEDURE.

  37. Tex. Water Code Sec. 51.050. MASTER DISTRICT; DIRECTORS. A master district may have directors which number five, seven, or any other uneven number up to 21.

  38. Tex. Water Code Sec. 51.051. MASTER DISTRICT GOVERNED BY CHAPTER. The provisions of this chapter, where applicable, shall govern a master district in:

  39. Tex. Water Code Sec. 51.052. CITY, TOWN, OR MUNICIPAL CORPORATION CREATED AS A DISTRICT.

  40. Tex. Water Code Sec. 51.071. BOARD OF DIRECTORS. The governing body of a district is the board of directors, which shall consist of five directors.

  41. Tex. Water Code Sec. 51.0711. SPECIAL DIRECTOR.

  42. Tex. Water Code Sec. 51.072. QUALIFICATIONS FOR DIRECTOR.

  43. Tex. Water Code Sec. 51.0731. ELECTION DATE FOR CERTAIN DIRECTORS. The election date for directors of a district proposing to provide or actually providing water and sewer services or either of these services to household users as the principal functions of the district shall be the first Saturday in April.

  44. Tex. Water Code Sec. 51.0732. UNIFORM ELECTION DATE. Notwithstanding the election date prescribed by Section 51.0731 of this code, an election held under that section shall be held on a uniform election date as provided by law.

  45. Tex. Water Code Sec. 51.075. APPLICATION TO GET ON BALLOT. A candidate for the office of director or other elective office may file an application with the secretary of the board to have the candidate's name printed on the election ballot. The application must be signed by the applicant or by at least 10 qualified electors of the district and must be filed not later than 5 p.m. of the 45th day before the date of the election.

  46. Tex. Water Code Sec. 51.076. SELECTION OF DIRECTORS IN CERTAIN DISTRICTS.

  47. Tex. Water Code Sec. 51.085. DISTRICT TAX ASSESSOR AND COLLECTOR. The board may appoint one person to the office of tax assessor and collector, or it may order an election to fill that office.

  48. Tex. Water Code Sec. 51.090. BONDS OF OFFICERS OF A DISTRICT ACTING AS FISCAL AGENT OR COLLECTING MONEY FOR UNITED STATES.

  49. Tex. Water Code Sec. 51.091. PROJECTS OF CERTAIN DISTRICTS.

  50. Tex. Water Code Sec. 51.0951. MEETINGS IN CERTAIN DISTRICTS. After at least 25 qualified electors are residing in a district covered by Section 51.0941 of this code, on written request of at least five of these electors, the board shall designate a meeting place within the district. On the failure to designate the location of the meeting place within the district, five electors may petition the commission to designate a location, which may be changed by the board after the next election of members to the board.

  51. Tex. Water Code Sec. 51.121. PURPOSES OF DISTRICT.

  52. Tex. Water Code Sec. 51.122. ADOPTING RULES AND REGULATIONS. A district may adopt and enforce reasonable rules and regulations to:

  53. Tex. Water Code Sec. 51.125. CONSTRUCTION OF IMPROVEMENTS. A district may construct all works and improvements necessary:

  54. Tex. Water Code Sec. 51.127. ADOPTING RULES AND REGULATIONS. A district may adopt and make known reasonable regulations to:

  55. Tex. Water Code Sec. 51.128. EFFECT OF RULES AND REGULATIONS. After the required publication, rules and regulations adopted by the district under Section 51.127 of this code shall be recognized by the courts as if they were penal ordinances of a city.

  56. Tex. Water Code Sec. 51.129. PUBLICATION OF RULES AND REGULATIONS.

  57. Tex. Water Code Sec. 51.130. EFFECTIVE DATE OF RULES AND REGULATIONS. The penalty for violation of a rule or regulation is not effective and enforceable until five days after the publication of the notice. Five days after the publication, the published regulation shall be in effect and ignorance of it is not a defense for a prosecution for the enforcement of the penalty.

  58. Tex. Water Code Sec. 51.133. CONSTRUCTING BRIDGES AND CULVERTS ACROSS AND OVER COUNTY AND PUBLIC ROADS. The district shall build necessary bridges and culverts across and over district canals, laterals, and ditches which cross county or public roads. Funds of the district shall be used to construct the bridges and culverts.

  59. Tex. Water Code Sec. 51.134. CONSTRUCTING CULVERTS AND BRIDGES ACROSS AND UNDER RAILROAD TRACKS, ROADWAYS, AND INTERURBAN OR STREET RAILWAYS.

  60. Tex. Water Code Sec. 51.135. CONTRACTING FOR TOLL BRIDGES AND FERRY SERVICE.

  61. Tex. Water Code Sec. 51.149. CONTRACTS.

  62. Tex. Water Code Sec. 51.150. CONTRACTS WITH OTHER DISTRICTS OR WATER SUPPLY CORPORATIONS.

  63. Tex. Water Code Sec. 51.156. CONTRACT WITH THE UNITED STATES.

  64. Tex. Water Code Sec. 51.157. CONSTRUCTION CHARGES UNDER A CONTRACT WITH THE UNITED STATES. The construction charges under a contract with the United States may include the cost of drainage and flood-control works necessary to control floods or to maintain the irrigability of district land, and the cost of incidental electric power and municipal water service which the water supply of the reclamation project makes feasible.

  65. Tex. Water Code Sec. 51.158. ELECTION TO APPROVE A CONTRACT WITH THE UNITED STATES.

  66. Tex. Water Code Sec. 51.159. CONVEYING PROPERTY TO THE UNITED STATES. A district may convey any property to the United States necessary for the construction, operation, or maintenance of federal reclamation works used or to be used for the benefit of the district.

  67. Tex. Water Code Sec. 51.160. ENGINEERING DATA UNNECESSARY. If a district contracts with the United States under the provisions of Section 51.155 of this code for use by the district of federal reclamation works, the district need not prepare or file any engineering data for the construction of the works.

  68. Tex. Water Code Sec. 51.161. CONSENT OF UNITED STATES TO ALTER DISTRICT'S BOUNDARIES. Until all money has been paid by the district which is due to the United States under a contract relating to a federal reclamation project, the United States must consent to any change in the boundaries of the district.

  69. Tex. Water Code Sec. 51.162. TAXES LEVIED BY DISTRICT UNDER CONTRACT WITH THE UNITED STATES.

  70. Tex. Water Code Sec. 51.163. ASSESSMENTS FOR CONTRACTS WITH THE UNITED STATES. The board shall levy annually sufficient assessments to collect the money required to pay all the district's obligations in full when due regardless of any delinquency in payment of assessments by any tract of land. If collections in any year are insufficient to pay the obligations of the district, the levy shall be increased sufficiently the following year to cover the deficit.

  71. Tex. Water Code Sec. 51.164. DURATION OF ANNUAL LEVIES FOR CONTRACTS WITH THE UNITED STATES. The board shall continue annual levies for payment of construction charges each year against each tract of land in the district even though construction charges apportioned against other tracts of land in the district may be paid sooner or later.

  72. Tex. Water Code Sec. 51.165. SUPERIORITY OF LIEN TO SECURE CONTRACT WITH THE UNITED STATES. The lien against district land created by a contract with the United States shall be superior to the lien created by any district bonds approved subsequent to the date of the contract with the United States.

  73. Tex. Water Code Sec. 51.166. DISTRICT'S AUTHORITY TO SOLICIT COOPERATION, DONATIONS AND CONTRIBUTIONS FROM OTHER AGENCIES. A district organized under the provisions of this chapter may solicit cooperation, donations, and contributions from the United States, the state, or any other state or nation; any county, municipality, water improvement district, water control and improvement district, drainage district, or any other political subdivision of the state; or any person, copartnership, corporation, or association.

  74. Tex. Water Code Sec. 51.167. EXPENSE OF PROCURING COOPERATION AND CONTRIBUTIONS FROM OTHER AGENCIES. A district may incur reasonable expense to procure cooperation under Section 51.166 of this code in adding to the area of the district or with contributions to the cost of improvements made by the district. The contributions may be either a percentage of cost or a definite annual sum.

  75. Tex. Water Code Sec. 51.168. AUTHORITY OF CONTRIBUTOR.

  76. Tex. Water Code Sec. 51.169. ISSUANCE OF BONDS BY CONTRIBUTOR.

  77. Tex. Water Code Sec. 51.170. ANNUAL TAX BY CONTRIBUTOR.

  78. Tex. Water Code Sec. 51.171. CONTRIBUTIONS FROM UNAPPROPRIATED OR AVAILABLE FUNDS OF CONTRIBUTOR.

  79. Tex. Water Code Sec. 51.172. LIABILITY ON CONTRACTS OF ACQUIRED IRRIGATION SYSTEM. If a district acquires an established irrigation system which has contracted to supply water to others and the holders of the contracts or the lands entitled to service of water are not within the district, the contracts and duties shall be performed by the district in the same manner and to the same extent that any other purchaser of the system would be bound.

  80. Tex. Water Code Sec. 51.173. AUTHORITY TO LEASE IRRIGATION SYSTEM SERVING THE DISTRICT.

  81. Tex. Water Code Sec. 51.174. COVENANTS AND AGREEMENTS INCLUDED IN LEASE.

  82. Tex. Water Code Sec. 51.175. REVENUE FOR PAYMENT OF LEASE RENTAL.

  83. Tex. Water Code Sec. 51.1751. ADDITIONAL SOURCES FOR PAYMENT OF LEASE.

  84. Tex. Water Code Sec. 51.176. RECEIVER FOR LEASED IRRIGATION SYSTEM.

  85. Tex. Water Code Sec. 51.177. JOINT LEASE BY TWO OR MORE DISTRICTS. The boards of two or more districts may adopt resolutions to enter into a joint lease under the provisions of Section 51.173 of this code. The joint lease shall specify clearly the respective rights and liabilities of the districts and shall be subject to all the provisions of Sections 51.173-176 of this code.

  86. Tex. Water Code Sec. 51.178. AUTHORITY TO ACQUIRE IRRIGATION SYSTEM SUBJECT TO MORTGAGE. A district may acquire by gift, grant, or purchase any part of an irrigation system serving the district which is subject to a mortgage or encumbrance. The mortgage or encumbrance shall not be assumed by the district and shall not be an indebtedness of the district but shall constitute solely a charge on the encumbered property and the revenue from it.

  87. Tex. Water Code Sec. 51.179. REVENUE FOR PAYMENT OF MORTGAGE.

  88. Tex. Water Code Sec. 51.180. ELECTION TO APPROVE REVENUE FOR PAYMENT OF MORTGAGE.

  89. Tex. Water Code Sec. 51.181. JOINT ACQUISITION OF MORTGAGED SYSTEM BY TWO OR MORE DISTRICTS.

  90. Tex. Water Code Sec. 51.182. AUTHORITY TO LEASE FACILITIES TO WATER CUSTOMERS.

  91. Tex. Water Code Sec. 51.184. PREFERENCE IN USE OF WATER.

  92. Tex. Water Code Sec. 51.185. SUIT TO PROTECT WATER RIGHTS. The board may institute and maintain any suit or suits to protect the water supply or other rights of the district, to prevent any unlawful interference with the water supply or other rights of the district, or to prevent a diversion of its water supply by others.

  93. Tex. Water Code Sec. 51.186. TRANSFER OF WATER RIGHT. If there is land in a district which has a water right from a source of supply acquired by the district but the land is difficult or impracticable to irrigate from that source of supply, the district may allow transfer of the water right to other land which is adjacent to the district. The adjacent land may be admitted to the district with the same right of water service as the land from which the water was transferred.

  94. Tex. Water Code Sec. 51.187. SELLING WATERPOWER PRIVILEGES.

  95. Tex. Water Code Sec. 51.188. SELLING SURPLUS WATER. The district may sell any surplus district water for use in irrigation or for domestic or commercial uses to any person who owns or uses land in the vicinity of the district or to other districts which include land in the same vicinity.

  96. Tex. Water Code Sec. 51.189. PUMPING WATER TO ANOTHER DISTRICT. If the board considers it advisable, it may contract to pump for or supply another district any water in which the other district has a right. The board shall provide the terms of the contract.

  97. Tex. Water Code Sec. 51.190. OBTAINING TOPOGRAPHIC MAPS AND DATA. The executive director shall furnish to a district topographic maps and data concerning all projects for the control of floods undertaken by the district and all projects for the storage of water or creation of reservoirs undertaken by the district.

  98. Tex. Water Code Sec. 51.194. SALE OF PROPERTY NOT ACQUIRED TO CARRY OUT THE PLANS OF THE DISTRICT. The board may sell property bid in by it at any sale under foreclosure of its tax lien or of its lien for charges or assessments, or any property acquired by it other than for the purpose of carrying out the plans of the district, without formally determining that the property is not required to carry out the plans of the district, without giving notice of the intent of the district to sell the property, and without applying the proceeds of the sale as provided in Section 51.192 of this code.

  99. Tex. Water Code Sec. 51.195. PROHIBITED CHARGES AND FEES.

  100. Tex. Water Code Sec. 51.196. DEVELOPMENT OF UNDERGROUND WATER BY CERTAIN DISTRICTS. A conservation and reclamation district created by special law under the authority of Section 59, Article XVI, Texas Constitution, and designated as a municipal water district to which the administrative and taxing provisions applicable to districts governed by this chapter apply, may develop or otherwise acquire underground sources of water, notwithstanding a provision in that district's special law otherwise prohibiting the development of acquisition of underground water.

  101. Tex. Water Code Sec. 51.221. ELIGIBILITY TO VOTE: MAVERICK COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1.

  102. Tex. Water Code Sec. 51.241. PENALTY FOR VIOLATION OF REGULATION. A person who violates a regulation adopted by a district under this chapter or other law commits an offense. An offense under this section is a Class C misdemeanor.

  103. Tex. Water Code Sec. 51.301. STATEMENT ESTIMATING WATER REQUIREMENTS AND PAYMENT OF CHARGE.

  104. Tex. Water Code Sec. 51.302. CONTRACTS WITH PERSON USING IRRIGATION WATER.

  105. Tex. Water Code Sec. 51.303. AUTHORITY TO DETERMINE RULES AND REGULATIONS. The board may adopt, alter, and rescind rules, regulations, and standing and temporary orders which do not conflict with the provisions of this subchapter and which govern:

  106. Tex. Water Code Sec. 51.304. BOARD'S ESTIMATE OF MAINTENANCE AND OPERATING EXPENSES. The board, on or as soon as practicable after a date fixed by standing order of the board, shall estimate the expenses of maintaining and operating the district's water delivery system for the next 12 months. The board may change the 12-month period for which it estimates the expenses of maintaining and operating the water delivery system by estimating such expenses for a shorter period so as to adjust to a new fixed date and thereafter estimating the expenses for 12-month periods following the adjusted fixed date.

  107. Tex. Water Code Sec. 51.305. DISTRIBUTION OF ASSESSMENT.

  108. Tex. Water Code Sec. 51.306. NOTICE OF ASSESSMENTS.

  109. Tex. Water Code Sec. 51.307. PAYMENT OF ASSESSMENTS.

  110. Tex. Water Code Sec. 51.308. COLLECTION OF ASSESSMENTS BY TAX ASSESSOR AND COLLECTOR.

  111. Tex. Water Code Sec. 51.309. LIEN AGAINST CROPS.

  112. Tex. Water Code Sec. 51.310. LIST OF DELINQUENT ASSESSMENTS. Assessments imposed under Section 51.305(a) not paid when due shall become delinquent on the first day of the month following the date payment is due, and the board shall keep posted in a public place in the district a correct list of all persons who are delinquent in paying assessments. If a person who owes an assessment has executed a note and contract as provided in Section 51.302, the person may not be placed on the delinquent list until after the maturity of the note and contract.

  113. Tex. Water Code Sec. 51.311. WATER SERVICE DISCONTINUED.

  114. Tex. Water Code Sec. 51.312. SUITS FOR DELINQUENT ASSESSMENTS. Suits for delinquent water assessments or other amounts owed to the district under this subchapter may be brought either in the county in which the district is located or in the county in which the defendant resides. All landowners are personally liable for assessments imposed under Section 51.305(a).

  115. Tex. Water Code Sec. 51.313. INTEREST AND COLLECTION FEES.

  116. Tex. Water Code Sec. 51.314. RIGHTS OF THE UNITED STATES.

  117. Tex. Water Code Sec. 51.315. SURPLUS ASSESSMENTS. If assessments made under this subchapter are more than sufficient to pay the necessary expenses of the district, the balance shall be carried over to the next year.

  118. Tex. Water Code Sec. 51.316. INSUFFICIENT ASSESSMENTS. If the assessments made under this subchapter are not sufficient to pay the necessary expenses of the district, the unpaid balance shall be assessed pro rata, in accordance with the assessments made for the current year. The additional assessments shall be paid under the same conditions and penalties within 30 days after the date of assessment.

  119. Tex. Water Code Sec. 51.317. DETERMINING MAINTENANCE AND OPERATION CHARGES. The board may make, establish, and collect maintenance and operation charges for service on the basis of the quantity of water furnished or appropriate measure of the service rendered.

  120. Tex. Water Code Sec. 51.318. CHARGES FOR MAINTENANCE EXPENSES.

  121. Tex. Water Code Sec. 51.319. CHARGE TO CITIES AND TOWNS. If a district includes a city or town or contracts with a city or town to supply water to it, the charge for the use of the water and the time and manner of payment shall be determined by the board or fixed by the contract made with the board.

  122. Tex. Water Code Sec. 51.320. LOANS FOR MAINTENANCE AND OPERATING EXPENSES. The board may borrow money to pay maintenance and operating expenses at an interest rate of not more than 10 percent a year and may pledge as security any of its notes or contracts with water users or accounts against them.

  123. Tex. Water Code Sec. 51.321. WATER SERVICE: REFUSED. The board may refuse water service to any person who refuses to pay the charges and assessments for water service or who fails or refuses to pay any taxes levied against his property after six months from the date the taxes become delinquent.

  124. Tex. Water Code Sec. 51.331. AUTHORITY TO DISPOSE OF WASTE AND CONTROL STORM WATER.

  125. Tex. Water Code Sec. 51.332. INCREASING DISTRICT'S POWERS.

  126. Tex. Water Code Sec. 51.333. APPROVAL OF PETITION CREATING DISTRICT.

  127. Tex. Water Code Sec. 51.334. ELECTION PROVISIONS. The provisions of Sections 51.035-51.037 of this code shall not apply to an election to create a district to exercise the powers provided in Section 51.331 of this code.

  128. Tex. Water Code Sec. 51.335. OTHER GOVERNMENTAL AGENCIES INCLUDED.

  129. Tex. Water Code Sec. 51.336. ADDITIONAL LAND. Additional defined areas may be added to the district in the manner provided in this subchapter for creation of a district.

  130. Tex. Water Code Sec. 51.337. POWERS OF DISTRICT. The district has all the powers and rights of procedure, financing, construction, maintenance, rehabilitation, operation, and administration conferred by Article XVI, Section 59, of the Texas Constitution, and by this chapter.

  131. Tex. Water Code Sec. 51.338. RULES, REGULATIONS, AND CHARGES.

  132. Tex. Water Code Sec. 51.339. TAXES. The district, either solely or in connection with other powers granted by this chapter, may impose taxes in addition to the taxes which may have been or may be imposed by another governmental agency included in the district.

  133. Tex. Water Code Sec. 51.340. CERTAIN DAMAGES CAUSED BY SEWAGE BACKUP.

  134. Tex. Water Code Sec. 51.351. CONSTRUCTION FUND.

  135. Tex. Water Code Sec. 51.352. MAINTENANCE FUND.

  136. Tex. Water Code Sec. 51.353. AMORTIZATION AND EMERGENCY FUND.

  137. Tex. Water Code Sec. 51.401. AUTHORITY TO ISSUE BONDS OF DISTRICTS OPERATING UNDER ARTICLE III, SECTION 52, OF THE TEXAS CONSTITUTION. A district which is operating under Article III, Section 52, of the Texas Constitution, may issue bonds and lend its credit in an amount of not more than one-fourth of the assessed valuation of the real property in the district. However, the total indebtedness of any city or town may never be more than the limits imposed by the Texas Constitution.

  138. Tex. Water Code Sec. 51.402. AUTHORITY TO ISSUE BONDS OF DISTRICTS OPERATING UNDER ARTICLE XVI, SECTION 59, OF THE TEXAS CONSTITUTION. A district operating under Article XVI, Section 59, of the Texas Constitution, may incur debt evidenced by the issuance of bonds for any purpose authorized by this chapter, Chapter 49, or other applicable laws, including debt which is necessary to provide improvements and maintenance of improvements to achieve the purposes for which the district was created.

  139. Tex. Water Code Sec. 51.403. AMOUNT OF DEBT LIMITED BY CONSTITUTION. No district may issue bonds or create indebtedness in an amount which is more than that authorized by the Texas Constitution.

  140. Tex. Water Code Sec. 51.404. ISSUANCE OF PRELIMINARY BONDS. A district may issue preliminary bonds to create a fund to pay:

  141. Tex. Water Code Sec. 51.405. ELECTION ON PRELIMINARY BONDS.

  142. Tex. Water Code Sec. 51.406. CONDITIONS OF PRELIMINARY BONDS.

  143. Tex. Water Code Sec. 51.407. TAX TO PAY PRELIMINARY BONDS. At the time preliminary bonds are issued, a tax shall be levied to pay principal and interest as the bonds mature and to pay the cost of assessing and collecting the taxes.

  144. Tex. Water Code Sec. 51.408. ISSUANCE OF BONDS.

  145. Tex. Water Code Sec. 51.410. ENGINEER'S REPORT.

  146. Tex. Water Code Sec. 51.411. ELECTION ORDER.

  147. Tex. Water Code Sec. 51.413. BALLOTS.

  148. Tex. Water Code Sec. 51.414. VOTE AT ELECTION.

  149. Tex. Water Code Sec. 51.415. ORDER TO ISSUE BONDS OR EXECUTE CONTRACT. After the vote is canvassed and the results are declared to be favorable to the proposition, the board shall make and enter an order directing the issuance of the bonds or the execution of a contract with the United States. The bonds or contract shall be in a sufficient amount to pay for the improvements together with all necessary incidental expenses, but the amount may not be more than the amount specified in the election order and notice of election.

  150. Tex. Water Code Sec. 51.419. CONDITIONS OF BONDS.

  151. Tex. Water Code Sec. 51.420. FORM OF BONDS.

  152. Tex. Water Code Sec. 51.423. VALIDATION SUIT.

  153. Tex. Water Code Sec. 51.424. EFFECT OF PRIOR REGISTRATION. If bonds are approved by the attorney general and registered by the comptroller before a validation suit is filed, the filing of the suit cancels the prior registration.

  154. Tex. Water Code Sec. 51.425. PROCEDURE IN VALIDATION SUIT.

  155. Tex. Water Code Sec. 51.426. NOTICE OF VALIDATION SUIT.

  156. Tex. Water Code Sec. 51.427. DUTIES OF ATTORNEY GENERAL IN VALIDATION SUIT.

  157. Tex. Water Code Sec. 51.428. JUDGMENT IN VALIDATION SUIT.

  158. Tex. Water Code Sec. 51.429. EFFECT OF VALIDATION SUIT.

  159. Tex. Water Code Sec. 51.430. CERTIFIED COPY OF DECREE.

  160. Tex. Water Code Sec. 51.431. REGISTRATION OF BONDS AND DECREE. On the presentation of the bonds together with a certified copy of the decree of the court, the comptroller shall register the bonds in a book kept for that purpose. The comptroller shall attach to each bond a certificate stating that the court's decree has been filed and recorded in his office and shall sign the certificate and attach his official seal.

  161. Tex. Water Code Sec. 51.432. SALE OF BONDS.

  162. Tex. Water Code Sec. 51.433. TAX LEVY.

  163. Tex. Water Code Sec. 51.436. INTEREST AND SINKING FUND.

  164. Tex. Water Code Sec. 51.437. INVESTMENT OF SINKING FUND.

  165. Tex. Water Code Sec. 51.438. REFUNDING BONDS.

  166. Tex. Water Code Sec. 51.439. LIMITATION OF AUTHORITY TO INCUR DEBT AND ISSUE BONDS.

  167. Tex. Water Code Sec. 51.440. ISSUING BONDS IN EXCESS OF LIMITATION.

  168. Tex. Water Code Sec. 51.441. MODIFICATIONS OF IMPROVEMENTS.

  169. Tex. Water Code Sec. 51.442. ISSUANCE OF ADDITIONAL BONDS OR CREATION OF ADDITIONAL INDEBTEDNESS UNDER CERTAIN CONDITIONS.

  170. Tex. Water Code Sec. 51.443. INTERIM BONDS. After bonds, other than preliminary bonds or notes, are voted by a district, the board may declare an existing emergency with relation to money being unavailable to pay for engineering work, purchase of land, rights-of-way, construction sites, construction work, and legal and other necessary expenses and may issue interim bonds on the faith and credit of the district in the manner provided in Sections 51.444-51.449 of this code to pay these expenses.

  171. Tex. Water Code Sec. 51.444. LIMITATIONS ON INTERIM BONDS.

  172. Tex. Water Code Sec. 51.445. ISSUANCE OF BONDS AND LEVY OF TAX.

  173. Tex. Water Code Sec. 51.446. DEPOSIT OF BONDS TO SECURE INTERIM BONDS.

  174. Tex. Water Code Sec. 51.447. PROCEDURE FOR ISSUANCE AND SALE OF INTERIM BONDS.

  175. Tex. Water Code Sec. 51.448. PAYMENT OF INTERIM BONDS.

  176. Tex. Water Code Sec. 51.449. REDEMPTION OF INTERIM BONDS.

  177. Tex. Water Code Sec. 51.450. ALTERNATE METHODS FOR PAYING BONDS.

  178. Tex. Water Code Sec. 51.451. TAXES TO SECURE CERTAIN BONDS.

  179. Tex. Water Code Sec. 51.452. ELECTION.

  180. Tex. Water Code Sec. 51.453. HEARING AND ELECTION ON CERTAIN BONDS.

  181. Tex. Water Code Sec. 51.454. HEARING BEFORE ISSUING CERTAIN BONDS. If a district issues its original bonds under Section 51.450(b)(2) of this code and later desires to issue bonds payable in whole or in part from taxes or to levy a tax for maintenance purposes, the district shall hold a hearing to exclude land, and at the time provided by law, shall hold another hearing to adopt a plan of taxation. These hearings shall be held before an election is called to approve the issuance of tax-supported bonds or the levy of a maintenance tax.

  182. Tex. Water Code Sec. 51.455. ISSUANCE OF REVENUE BONDS TO CONSTRUCT EXTENSIONS AND IMPROVEMENTS TO CERTAIN SYSTEMS.

  183. Tex. Water Code Sec. 51.501. TAX TO PAY PRELIMINARY BONDS. Taxes to pay principal and interest on preliminary bonds shall be levied and collected on the ad valorem basis.

  184. Tex. Water Code Sec. 51.502. HEARING TO DETERMINE BASIS OF TAXATION. After the board adopts plans for construction of a plant and improvements to accomplish the purposes of the district and after an election is held to authorize the issuance of construction bonds and the levy of a tax to pay for the bonds, the board shall hold a public hearing to determine whether the taxes to pay the construction bonds and maintenance, operation, and administrative costs of the district shall be levied, assessed, and collected on:

  185. Tex. Water Code Sec. 51.503. NOTICE OF HEARING. Notice of the time and place of the hearing and the proposition to be determined shall be published once a week for two consecutive weeks in one or more newspapers with general circulation in the district. The first publication shall be made not less than 10 days before the day of the hearing set in the notice.

  186. Tex. Water Code Sec. 51.504. CONDUCT OF HEARING.

  187. Tex. Water Code Sec. 51.505. ORDER.

  188. Tex. Water Code Sec. 51.506. CHANGE TAX PLAN. If after a tax plan is adopted the directors find that the best interest of the district and the necessity to maintain adequately and equitably the district's tax requires a change in the tax plan, the board may give notice, hold a hearing, and determine a new plan in the manner provided in Sections 51.502-51.505 of this code.

  189. Tex. Water Code Sec. 51.507. EFFECT OF SECTIONS 51.501-51.506 OF CODE. Nothing in Sections 51.501-51.506 of this code shall be held to alter provisions of this chapter relating to districts which have contracts with the United States or to alter or impair the provisions of this code relating to taxes levied to provide local improvements to a defined area which do not affect the entire district.

  190. Tex. Water Code Sec. 51.508. UNLIMITED AUTHORITY TO COLLECT SERVICE CHARGES AND TAXES. The provisions of this subchapter do not alter or impair the right of a district to make, establish, and collect maintenance and operation charges for service rendered; to levy and collect taxes to secure funds to maintain, repair, and operate all works and facilities; and to give and maintain proper service for the purposes of its organization.

  191. Tex. Water Code Sec. 51.509. LIEN CREATED; NO LIMITATION. Charges or assessments imposed by a district for maintenance and operation of works, facilities, and services of the district shall constitute a lien against the land to which the charges or assessments have been established. No law providing limitation against actions for debt shall apply.

  192. Tex. Water Code Sec. 51.510. PURPOSE OF SECTIONS 51.511-51.530 OF CODE. The purpose of Sections 51.511-51.530 of this code is to give a district the flexibility of taxing power which will permit and cause the tax of the district to be equitably distributed and which will give the highest practicable degree of service under the peculiar physical and economic conditions of the district. To this end, these sections shall be liberally and sympathetically construed.

  193. Tex. Water Code Sec. 51.511. AUTHORITY TO ADOPT ALTERNATIVE PLANS OF TAXATION. A district operating under the provisions of Article XVI, Section 59, of the Texas Constitution, shall adopt a tax plan under the alternative provisions of Sections 51.512-51.530 of this code either at the time of its creation or before the appointment of commissioners of appraisement under this chapter.

  194. Tex. Water Code Sec. 51.512. ALTERNATIVE PLANS OF TAXATION.

  195. Tex. Water Code Sec. 51.513. ADOPTION OF PLAN OF TAXATION.

  196. Tex. Water Code Sec. 51.514. NOTICE OF ADOPTION OF PLAN AND HEARING.

  197. Tex. Water Code Sec. 51.515. ORDER ADOPTING TAX PLAN.

  198. Tex. Water Code Sec. 51.516. OBTAINING FUNDS TO CONSTRUCT, ADMINISTER, MAINTAIN, AND OPERATE IMPROVEMENTS AND FACILITIES IN DEFINED PART OF DISTRICT. On adoption of the plan of taxation provided in Section 51.512(b)(4) of this code, the district, under the limitations of this subchapter, may apply separately, differentially, equitably, and specifically its taxing power and lien to a defined area or designated property to provide money to construct, administer, maintain, and operate improvements and facilities peculiar to the defined area or the designated property.

  199. Tex. Water Code Sec. 51.517. ADOPTION OF TAX PLAN FOR ONLY PART OF DISTRICT. If a district adopts the tax plan and assumes the powers in Section 51.512(b)(4) of this code, or if required to conserve and protect the public welfare, the district, in the manner provided in Sections 51.518-51.524 of this code, may provide, pay for, maintain, and operate improvements, service, or facilities peculiar to a designated area or defined property which do not affect the whole district.

  200. Tex. Water Code Sec. 51.518. DEFINING AREA AND DESIGNATING PROPERTY TO BE BENEFITED BY IMPROVEMENTS; ADOPTING TAX PLAN.

  201. Tex. Water Code Sec. 51.519. NOTICE AND HEARING. The board shall give notice and hold a hearing in the same manner and for the same purpose as provided in Sections 51.514-51.515 of this code.

  202. Tex. Water Code Sec. 51.520. BOARD'S ORDER. At the hearing, if the board decides to define and serve the proposed separate tax area or separate designated property, it shall enter an order in the record, and if the proposal involves the issuance of bonds, the board shall call an election in the whole district.

  203. Tex. Water Code Sec. 51.521. PROCEDURE FOR ELECTION.

  204. Tex. Water Code Sec. 51.522. ELECTION NOT REQUIRED IN SEPARATE ELECTION PRECINCT. If proposed improvements are considered to be required to promote the public welfare or if the owners of the land in a defined area file a petition acknowledged as required for deeds requesting the district to provide improvements and assess a tax only in the defined area, it is not necessary to constitute the area a separate election precinct and have a separate election in that area.

  205. Tex. Water Code Sec. 51.523. BALLOTS. The ballot for an election under this subchapter shall be printed to provide for voting for or against substantially the proposition: "Designation of the area, issuance of bonds, levy of a tax to retire the bonds, and levy of a maintenance tax."

  206. Tex. Water Code Sec. 51.524. DECLARING RESULT AND ISSUING ORDER. If a majority of the electors approve the proposal, the board shall declare the result and, by order, shall establish the area and define it by metes and bounds or designate the specific property and shall fix the tax basis for the area or property. A certified copy of the order shall be recorded in the minutes of the district and shall constitute notice.

  207. Tex. Water Code Sec. 51.525. PLEDGE OF FAITH AND CREDIT. If at an election the electors approve the issuance of bonds and the levy of a tax which applies only to a defined area, the district may issue bonds which pledge only the faith and credit based on the property values in the defined area; however, the district may pledge the full faith and credit of the entire district under the condition of authorization in Section 51.529 of this code.

  208. Tex. Water Code Sec. 51.526. ELECTION IN SEPARATE ELECTION PRECINCT.

  209. Tex. Water Code Sec. 51.527. ISSUANCE OF BONDS AND LEVY OF TAX FOR DEFINED AREA OR DESIGNATED PROPERTY.

  210. Tex. Water Code Sec. 51.528. CONTRACT TO PROVIDE IMPROVEMENTS, FACILITIES, AND SERVICES TO DESIGNATED PROPERTY OR AREA.

  211. Tex. Water Code Sec. 51.529. AUTHORITY OF DISTRICT.

  212. Tex. Water Code Sec. 51.530. ADMINISTRATIVE AUTHORITY OF BOARD. The board shall administer all business incident to the creation and operation of a defined area or service to designated property unless otherwise provided by contract.

  213. Tex. Water Code Sec. 51.531. MASTER DISTRICT; TAXING AUTHORITY. A master district may levy and collect taxes, equitably distributed, which shall be in addition to other taxes which may be levied by the several districts constituting the master district.

  214. Tex. Water Code Sec. 51.532. TAXES IN DISTRICTS CONSISTING OF A CITY, TOWN OR MUNICIPAL CORPORATION. If a city, town, or municipal corporation is constituted a district operating under this chapter, taxes levied in the district may be assessed and collected in the manner provided in Sections 51.533-51.538 of this code.

  215. Tex. Water Code Sec. 51.533. ORDER FIXING RATE OF TAXATION.

  216. Tex. Water Code Sec. 51.534. ADDITION OF LAND TO DEFINED AREA. The procedures of Section 49.301 may be used to add land to a defined area created under this subchapter. The land must be included in the district but is not required to be contiguous to the defined area. Notwithstanding any law to the contrary, the procedures of Section 49.301 shall apply to districts operating under Chapter 49.

  217. Tex. Water Code Sec. 51.535. PROVISIONS OF CHAPTER INAPPLICABLE TO DISTRICT. If taxes are levied, assessed, and collected under Sections 51.533-51.538 of this code, the provisions of this chapter relating to assessment and collection of taxes do not apply to the district and it is not necessary for the district to appoint an assessor and collector.

  218. Tex. Water Code Sec. 51.536. COMPENSATION OF CITY ASSESSOR AND COLLECTOR. The board shall pay to the city assessor and collector and other city officers reasonable compensation for the services performed by them for the district. The amount of compensation shall be fixed in advance of the performance of the duties.

  219. Tex. Water Code Sec. 51.537. MUNICIPALITY'S AUTHORITY REGARDING DEFINED AREA.

  220. Tex. Water Code Sec. 51.538. ELECTION REQUIRED. Taxes levied, bonds issued, and indebtedness incurred by a district operating under Sections 51.533-51.538 of this code are subject to the provisions of the constitution and this chapter which require an election to authorize tax levies, bonds, and indebtedness.

  221. Tex. Water Code Sec. 51.561. ASSESSMENT AND COLLECTION OF DISTRICT TAXES. The assessor and collector shall assess and collect taxes for the district.

  222. Tex. Water Code Sec. 51.591. ATTORNEY TO FILE SUITS TO COLLECT DELINQUENT TAXES.

  223. Tex. Water Code Sec. 51.631. METHOD OF TAXATION FOR DISTRICT UNDER CONTRACT WITH UNITED STATES. A district which is operated under contract with the United States may adopt the plan to levy and collect taxes on the benefit basis instead of the ad valorem basis and determine taxes under the provisions of Sections 51.632-51.634 of this code.

  224. Tex. Water Code Sec. 51.632. ASSESSMENT RECORD. When necessary, the board shall apportion and assess the benefits conferred on property in the district and shall make a record showing the amount and value of benefits to accrue on property in the district and the amount of taxes to be levied and collected on the property. No taxes assessed or adjudged against the property may be more than the benefit which accrues to the property from the organization, operation, and maintenance of the district and its improvements.

  225. Tex. Water Code Sec. 51.633. NOTICE OF TAXES. After the board makes the record, it shall mail to each property owner whose name appears in the record notice of the amount of taxes levied on his property and the date and place at which the property owner may appear and contest the correctness and equitableness of the tax.

  226. Tex. Water Code Sec. 51.634. DECISION AFTER HEARING. After the hearing, the board shall determine whether or not the tax is equitable and shall sustain, reduce, or increase the tax to an amount which in the board's judgment is equitable. The decision of the board is final.

  227. Tex. Water Code Sec. 51.635. METHOD OF TAXATION FOR DISTRICT NOT UNDER CONTRACT WITH THE UNITED STATES. If a district which is not operating under contract with the United States adopts the benefit basis plan for taxation, the levy, assessment, equalization of property values, and collection of taxes shall be made in the manner provided in Sections 51.636-51.648 of this code.

  228. Tex. Water Code Sec. 51.636. COMMISSIONERS OF APPRAISEMENT. As soon as practicable after the approval of the engineer's report and the adoption of the plan for improvements to be constructed, the board shall appoint three disinterested commissioners of appraisement. The commissioners shall be freeholders but not owners of land within the district which they represent.

  229. Tex. Water Code Sec. 51.637. COMPENSATION OF COMMISSIONERS. On approval by the board, each commissioner is entitled to receive $10 a day for each day he actually serves, plus all necessary expenses.

  230. Tex. Water Code Sec. 51.638. NOTICE OF APPOINTMENT AND MEETING. Immediately after the commissioners of appraisement are appointed, the secretary of the board shall give written notice to each appointee of his appointment and of the time and place of the first meeting of the commissioners.

  231. Tex. Water Code Sec. 51.639. FIRST MEETING OF COMMISSIONERS.

  232. Tex. Water Code Sec. 51.640. ASSISTANCE FOR COMMISSIONERS. Within 30 days after the commissioners qualify and organize, they shall begin to perform their duties, and in the exercise of their duties they may obtain legal advice and information relative to their duties from the district's attorney and, if necessary, may require the presence of the district engineer or one of his assistants at any time and for as long as necessary to properly perform their duties.

  233. Tex. Water Code Sec. 51.641. VIEWING LAND AND OTHER PROPERTY AND IMPROVEMENTS IN DISTRICT. The commissioners shall view the land in the district which will be affected by the district's reclamation plans and the public roads, railroads, rights-of-way, and other property and improvements located in the district and shall assess the amount of the benefits and damages that will accrue to the land, roads, railroads, rights-of-way or other property or improvements in the district from the construction of the improvements.

  234. Tex. Water Code Sec. 51.642. COMMISSIONERS REPORT.

  235. Tex. Water Code Sec. 51.643. NOTICE OF HEARING.

  236. Tex. Water Code Sec. 51.644. HEARING.

  237. Tex. Water Code Sec. 51.645. WITNESSES AT THE HEARING. At the hearing, interested parties may appear in person or by attorney and are entitled, on demand, to have the chairman of the commissioners of appraisement issue process for witnesses. The commissioners shall have the same power as a court of record to enforce the attendance of witnesses.

  238. Tex. Water Code Sec. 51.646. COSTS OF HEARING. The commissioners may adjudge and apportion the costs of the hearing in any manner they consider equitable.

  239. Tex. Water Code Sec. 51.647. COMMISSIONERS' DECREE.

  240. Tex. Water Code Sec. 51.648. EFFECT OF FINAL JUDGMENT AND DECREE. The final judgment and decree of the commissioners shall form the basis for all taxation in the district. Taxes shall be apportioned and levied on each tract of land and other real property in the district in proportion to the net benefits to the land or other property stated in the final judgment and decree.

  241. Tex. Water Code Sec. 51.649. FIXING TAX AS EQUAL SUM ON EACH ACRE. At the election at which the plan of taxation is determined or at any other time before the bonds are issued, the voters of any district operating under the provisions of Article XVI, Section 59, of the Texas Constitution, may vote on the proposition of whether or not benefits for tax purposes shall be fixed as an equal sum on each acre of land that is irrigated or to be irrigated by gravity flow from the canal system of the district. The benefit per acre shall be voted on as it is applied to land in the district that can be irrigated by gravity flow from the irrigation system and also the benefit to land in the district that cannot be irrigated by gravity flow.

  242. Tex. Water Code Sec. 51.650. ELECTION.

  243. Tex. Water Code Sec. 51.651. EXCLUDING NONIRRIGABLE LAND FROM DISTRICT. If the owner of land which is classed nonirrigable under the uniform acreage valuation objects to the amount of charges fixed against him by the order calling the election or by the result of the election, he may have his nonirrigable land excluded from the district by filing an application for exclusion as provided by law within 10 days after the election is held.

  244. Tex. Water Code Sec. 51.652. SETTING ANNUAL VALUE OF LAND UNNECESSARY. If the district adopts the uniform acreage valuation for taxation, the valuation shall be applied to all land in the district, and it is not necessary to annually fix the value of the land. It is also unnecessary for the board to appoint a commission to ascertain or fix the value of the improvement to particular land.

  245. Tex. Water Code Sec. 51.653. PREPARING TAX ROLLS.

  246. Tex. Water Code Sec. 51.655. LAW GOVERNING ADMINISTRATION OF BENEFIT TAX PLAN. In a district that levies taxes on a benefit basis, the rate of taxation and the assessment and collection of taxes shall be governed by the law relating to ad valorem taxes to the extent applicable.

  247. Tex. Water Code Sec. 51.656. IRRIGATING NONIRRIGABLE LAND. If land which is classed as nonirrigable is later irrigated by the district, before the owner of the land receives the water, he shall pay to the district an amount equal to the entire amount that would have been charged to the owner if the land had been originally classed as irrigable.

  248. Tex. Water Code Sec. 51.657. TAXATION IN DISTRICT CONSTRUCTING LEVEES OR DRAINAGE SYSTEMS.

  249. Tex. Water Code Sec. 51.702. EXCLUSION OF NONAGRICULTURAL AND NONIRRIGABLE LAND FROM THE DISTRICT. After the district is organized, acquires facilities with which to function as an irrigation district, and votes, issues, and sells bonds for the purposes for which the district was organized, land within the district subject to taxation which is not agricultural land or cannot be irrigated in a practicable manner may be excluded from the district by complying with the provisions of Sections 51.703-51.713 of this code.

  250. Tex. Water Code Sec. 51.703. PREREQUISITE TO APPLICATION FOR EXCLUSION. The owner of land in the district which is not agricultural land or cannot be irrigated in a practicable manner may apply for its exclusion from the district if all taxes levied and assessed by the district on the land to be excluded have been fully paid, including all bond tax and flat water rate assessment.

  251. Tex. Water Code Sec. 51.704. SUBSTITUTING LAND OF EQUAL ACREAGE AND VALUE. Land which can be irrigated in a practicable manner of at least equal acreage and equal value to the land being excluded must be added to the district simultaneously with the exclusion of the nonagricultural or nonirrigable land.

  252. Tex. Water Code Sec. 51.705. SECURING APPLICATION TO SUBSTITUTE LAND. The board may require an owner of land in the district who has applied for the exclusion of his nonagricultural or nonirrigable land from the district to procure an application of the owner of land adjoining the boundaries or the canals of the district, and capable of being irrigated in a practicable manner from the facilities of the district, for inclusion in the district of his land in an amount and value at least equal to the land which is to be excluded under the application of the owner of nonagricultural or nonirrigable land. Each application shall set forth the facts concerning the land to be excluded from and the land to be added to the district, including evidence of their reasonable market value.

  253. Tex. Water Code Sec. 51.706. APPLICATION OF OWNER OF NEW LAND TO BE SUBSTITUTED. The owner of the new land to be added shall submit an application setting forth that the owner of the new land assumes the payment of all taxes to be levied on his land by the district after the date the land is added to the district. The application also shall set forth an agreement by the owner of the new land that the land will be subject to future taxes for bond tax and flat rate and all other assessments levied and assessed by the district as though the land had been incorporated originally in the district. The application also shall contain an agreement by the owner of the new land that the land will be subject to the same liens and provisions as all other land in the district and subject to the statutes governing all other land in the district.

  254. Tex. Water Code Sec. 51.707. CONSENT OF OUTSTANDING BONDHOLDERS.

  255. Tex. Water Code Sec. 51.708. NOTICE OF HEARING ON APPLICATIONS. The board shall give notice of the hearing on the applications by publishing the time, place, and nature of the hearing one time in a newspaper published in a county in which all or part of the district is located. The newspaper must have been published regularly for more than 12 months preceding the date of the publication of the notice and must have circulation in the district. The notice shall be published not less than 10 days nor more than 20 days before the date of the hearing.

  256. Tex. Water Code Sec. 51.709. HEARING PROCEDURE. The board shall hear all interested parties and all evidence in connection with the applications.

  257. Tex. Water Code Sec. 51.710. BOARD'S RESOLUTION TO SUBSTITUTE LAND. If the board finds that all the conditions provided for the exclusion of land and inclusion of other land in the district exist, it may adopt and enter in its minutes a resolution to exclude land which is nonagricultural or nonirrigable in a practicable manner and include land which may be irrigated from the facilities of the district in a practicable manner.

  258. Tex. Water Code Sec. 51.711. LIABILITY OF EXCLUDED AND INCLUDED LAND. The land excluded from the district is free from any lien or liability created on the excluded land by reason of its having been included in the district. Land added to the district is subject to all laws, liens, and provisions governing the district and the land in the district.

  259. Tex. Water Code Sec. 51.712. DUTY TO ADVISE EXECUTIVE DIRECTOR. The board shall furnish the executive director a detailed description of the land excluded and a detailed description of the land included within 30 days after the exclusion and inclusion of land under the provisions of Sections 51.702-51.711 of this code.

  260. Tex. Water Code Sec. 51.713. RIGHT TO SERVE NEW LAND INCLUDED IN DISTRICT. The district has the same right to furnish water service to the included land that it previously had to furnish service to the excluded land. The mere inclusion of a larger total acreage than that excluded does not give the district the right to irrigate a larger total acreage or to appropriate a larger quantity or volume of public water for irrigation than the district would have had the right to irrigate or to appropriate before the exclusion and inclusion of the land.

  261. Tex. Water Code Sec. 51.7131. ALTERNATIVE SUBSTITUTION PROCEDURES. Notwithstanding this subchapter, a district may substitute land in the manner provided by Sections 54.739-54.747.

  262. Tex. Water Code Sec. 51.714. ADDING LAND BY PETITION OF LANDOWNER. The owner of land may file with the board a petition requesting that the land described by metes and bounds in the petition be included in the district. Notwithstanding any municipal ordinance, resolution, or any other statute to the contrary, a municipality may not require the annexing district or the landowner who is requesting annexation to obtain the municipality's consent to the district's annexation of the additional land if, at the time the petition is filed, the land to be annexed is contiguous to the district and at any time within the preceding 12 months was not located within an area designated by ordinance or resolution of the municipality's governing body as the municipality's water and sewer service area or corporate limits, and the district has not previously issued any bonded indebtedness. The land shall be deemed to be contiguous to the district if it is separated from the district by public land or right of way. A district may not increase its total land area by more than 100 percent in any one calendar year. A municipality's consent shall not be required for the inclusion or annexation of irrigable land within the boundaries of a district primarily engaged in providing irrigation service to lands within its boundaries.

  263. Tex. Water Code Sec. 51.732. CONSOLIDATION OF DISTRICTS. Two or more districts governed by the provisions of this chapter may consolidate into one district as provided by Sections 51.733-51.736 of this code.

  264. Tex. Water Code Sec. 51.733. ELECTIONS TO APPROVE CONSOLIDATION.

  265. Tex. Water Code Sec. 51.734. GOVERNING CONSOLIDATED DISTRICTS.

  266. Tex. Water Code Sec. 51.735. DEBTS OF ORIGINAL DISTRICTS. After two or more districts are consolidated, the debts of the original districts are protected and are not impaired. These debts may be paid by taxes or assessments levied on the land in the original districts as if they had not consolidated or contributions from the consolidated district on terms stated in the consolidation agreement.

  267. Tex. Water Code Sec. 51.736. ASSESSMENT AND COLLECTION OF TAXES. After consolidation, the officers of the consolidated district shall assess and collect taxes on property in the original district to pay debts created by the original district.

  268. Tex. Water Code Sec. 51.748. DIVISION OF ORIGINAL DISTRICT WITH NO OUTSTANDING INDEBTEDNESS.

  269. Tex. Water Code Sec. 51.749. ELECTION TO APPROVE DIVISION.

  270. Tex. Water Code Sec. 51.750. GOVERNING RESULTING DISTRICTS.

  271. Tex. Water Code Sec. 51.751. CURRENT OBLIGATIONS OF ORIGINAL DISTRICT. After the division of the original district into two or more districts, the current obligations and any bond authorizations of the original district are protected and are not impaired. These debts may be paid by taxes, revenues, or assessments levied on the land in the original district as if it had not divided or contributions from each of the resulting districts on terms stated in the division proposed by the board and approved by the election under Section 51.749 of this code.

  272. Tex. Water Code Sec. 51.752. POWERS OF RESULTING DISTRICTS.

  273. Tex. Water Code Sec. 51.753. NOTICE OF RESULTING DISTRICTS. Within 30 days after the election within the original district that confirms a plan for division, the original district shall provide written notice of such plan to the commission, the attorney general, the commissioners court of any county in which such original district is located, and any municipality having extraterritorial jurisdiction over the land within the original district.

  274. Tex. Water Code Sec. 51.754. EXCLUSION OF LAND FROM DISTRICT WITHOUT INDEBTEDNESS. An original district governed by the provisions of this chapter that does not have any outstanding indebtedness secured by the taxes or net revenues of the district may exclude land from the district as provided by Sections 51.754 through 51.758 of this code.

  275. Tex. Water Code Sec. 51.755. APPLICATION TO EXCLUDE LAND.

  276. Tex. Water Code Sec. 51.756. FINDINGS BY THE BOARD. Before determining to exclude any land under Sections 51.754 through 51.758 of this code, the board shall find that the district has no obligations that will be impaired by the exclusion of the land, the district will incur no obligations because of that exclusion, and that the exclusion is in the best interest of the district.

  277. Tex. Water Code Sec. 51.757. EXCLUDING LAND.

  278. Tex. Water Code Sec. 51.758. NOTICE OF CERTAIN EXCLUSIONS; PETITION FOR RATIFICATION ELECTION.

  279. Tex. Water Code Sec. 51.759. EXCLUSION OF CERTAIN NONIRRIGATED LAND.

  280. Tex. Water Code Sec. 51.760. INITIATING EXCLUSION.

  281. Tex. Water Code Sec. 51.761. HEARING, NOTICE, AND ORDER OF EXCLUSION.

  282. Tex. Water Code Sec. 51.762. CONSENT OF DEBT HOLDERS. If the district has outstanding bonded debt or debt under a loan from a governmental agency, a written consent to the exclusion from an authorized representative of the holders of the debt shall be obtained and filed with the district before the hearing is held.

  283. Tex. Water Code Sec. 51.763. RESULTS OF EXCLUSION.

  284. Tex. Water Code Sec. 51.764. DISTRICT FACILITIES ON EXCLUDED PROPERTY. The exclusion does not affect or interfere with any rights that the district has to maintain and continue operation of any canal, ditch, pipeline, pump, or other facility of the district located on land excluded by the order to serve land remaining in the district.

  285. Tex. Water Code Sec. 51.765. WATER ALLOCATIONS.

  286. Tex. Water Code Sec. 51.766. SUIT TO REVIEW EXCLUSION.

  287. Tex. Water Code Sec. 51.781. DISSOLUTION OF DISTRICT PRIOR TO ISSUANCE OF BONDS.

  288. Tex. Water Code Sec. 51.782. NOTICE OF HEARING. The board shall post notice of the hearing on the bulletin board at the courthouse door of each county in which the district is located and at three or more other public places within the boundaries of the district. The notice must be posted at least 10 days before the hearing on the proposed dissolution of the district.

  289. Tex. Water Code Sec. 51.783. HEARING. The board shall hear all interested persons and shall consider their evidence at the time and place stated in the notice.

  290. Tex. Water Code Sec. 51.784. BOARD'S ORDER TO CONTINUE OR DISSOLVE DISTRICT. The board shall determine from the evidence whether the best interests of the persons, land, and property in the district will be promoted by prosecuting the district's plans or whether the best interests of the persons and property in the district will be served by dissolving the district, and the board shall enter the appropriate findings and order in the record.

  291. Tex. Water Code Sec. 51.785. JUDICIAL REVIEW OF BOARD'S ORDER. The board's decree to continue or to dissolve the district shall be final and cannot be judicially reviewed except on the ground of fraud, palpable error, or gross abuse of discretion.

  292. Tex. Water Code Sec. 51.786. APPOINTMENT OF TRUSTEE.

  293. Tex. Water Code Sec. 51.787. DISCHARGE OF DISTRICT'S OBLIGATIONS BY TRUSTEE.

  294. Tex. Water Code Sec. 51.788. DISCHARGE OF TRUSTEE. The trustee shall be discharged when all obligations of the district are paid and the trustee's account is verified and settled.

  295. Tex. Water Code Sec. 51.789. FINAL ORDER OF DISSOLUTION. After all obligations are paid and the trustee is discharged, the board shall enter its final order of dissolution and record the final order in the deed records of the county or counties in which the district is located.

  296. Tex. Water Code Sec. 51.790. WATER RIGHTS OF DISSOLVED DISTRICT. Water rights held from the state shall revert to the state and may not be assigned by the district in anticipation of dissolution.

  297. Tex. Water Code Sec. 51.791. TAXES IN EXCESS OF DISTRICT'S OBLIGATIONS.

  298. Tex. Water Code Sec. 51.793. DISSOLUTION OF DISTRICT FOR FAILURE TO COMPLETE PLANT. Subject to the provisions of Subchapter G of Chapter 50 of this code if a district has not within 10 years from the date of its creation commenced and completed the construction of a plant and improvements to carry out the purposes of its creation in accordance with the plans adopted by the district, the board may enter a resolution in its minutes to dissolve the district under the provisions of Sections 51.794-51.828 of this code. After compliance with these provisions, a vote of the electors of the district, and the payment of its valid, enforceable indebtedness, the district may be dissolved.

  299. Tex. Water Code Sec. 51.794. RESOLUTION TO DISSOLVE DISTRICT. The board shall find in its resolution to dissolve the district that the plans of the district are impracticable or that the purposes of the district should be abandoned and shall state the reasons for the finding.

  300. Tex. Water Code Sec. 51.795. STATEMENTS OF INDEBTEDNESS AND EXPENSES. The board shall prepare or have prepared and shall approve a statement of all valid, enforceable indebtedness of the district and shall enter the statement in the minutes. The board shall prepare or have prepared an estimate of all expenses incurred or to be incurred in the dissolution of the district and in the collection of sufficient taxes to pay all valid, enforceable indebtedness of the district.

  301. Tex. Water Code Sec. 51.796. ELECTION TO APPROVE DISSOLUTION OF DISTRICT AND ISSUANCE OF DISSOLUTION BONDS. The board shall enter an order calling an election to determine whether or not the district shall be dissolved and bonds issued to pay the district's indebtedness and estimated expenses.

  302. Tex. Water Code Sec. 51.797. MAXIMUM AMOUNT, INTEREST RATE, AND MATURITY OF BONDS. The maximum amount of bonds to be voted on and issued shall not be more than the total amount of the approved valid, enforceable indebtedness and the estimate of expenses, exclusive of the estimated cost of collection of taxes. The maximum amount of bonds, exclusive of interest and expenses of collection, to be issued for fees and expenses of dissolution of the district shall not be more than an amount equal to $2 times the number of acres in the district. The bonds shall mature serially over a period of not more than seven years.

  303. Tex. Water Code Sec. 51.798. NOTICE OF ELECTION.

  304. Tex. Water Code Sec. 51.799. PROCEDURE FOR HOLDING ELECTION.

  305. Tex. Water Code Sec. 51.800. ISSUANCE AND SALE OF DISSOLUTION BONDS.

  306. Tex. Water Code Sec. 51.801. DESTROYING UNSOLD BONDS. If a majority of the electors at the election vote in favor of the dissolution of the district, the board shall destroy all unsold bonds of the district and enter an order cancelling all unissued and unsold bonds authorized by the electors. After the destruction and the entry of the order, the bonds shall have no further force or effect.

  307. Tex. Water Code Sec. 51.802. BOARD'S AUTHORITY TO CONTRACT. The board may contract with trustees, engineers, attorneys, and others it considers necessary or desirable to properly liquidate and wind up the affairs of the district. The board also may assume obligations made by others for the benefit of the district, or from which the district benefited, which in its judgment may be fair and equitable.

  308. Tex. Water Code Sec. 51.803. TAX TO PAY DISSOLUTION BONDS. The order issuing the dissolution bonds shall provide that the principal of and interest on the bonds shall be payable from the proceeds of a tax to be levied on the taxable property located in the district. The tax shall be in an amount sufficient for the payment of the principal and interest.

  309. Tex. Water Code Sec. 51.804. DETERMINING AMOUNT OF TAX.

  310. Tex. Water Code Sec. 51.805. PAYMENT OF TAX. The amount of the tax on the taxable property of each owner shall be payable in equal annual installments during the period in which the bonds mature, on dates specified in the order issuing the bonds.

  311. Tex. Water Code Sec. 51.806. ADVANCE PAYMENT OF TAXES IN CASH. The order issuing the bonds shall provide that a property owner may secure release of the entire amount of his taxable property as assessed on the rolls from the tax levied for the dissolution bonds by the payment in cash of the full amount of tax.

  312. Tex. Water Code Sec. 51.807. COMPUTING AMOUNT OF ADVANCE CASH PAYMENT.

  313. Tex. Water Code Sec. 51.808. SURRENDER OF BONDS IN PAYMENT OF TAXES. The order issuing the bonds shall provide that any of the bonds with all unmatured interest and all appurtenant coupons may be surrendered at any time in payment of all unpaid installments of the taxes. The amount of taxes found to be due by the method provided in Section 51.809 of this code may be discharged by the surrender of the proper amount of dissolution bonds, together with all unpaid appurtenant interest coupons at the face value of the bonds and coupons.

  314. Tex. Water Code Sec. 51.809. COMPUTING AMOUNT OF PAYMENT MADE BY SURRENDERING BONDS.

  315. Tex. Water Code Sec. 51.810. USE BY TRUSTEE OF ADVANCE PAYMENTS OF TAX. The order issuing the bonds shall provide that the bonds shall be called and redeemed by the trustee in the inverse order of their maturity and in the inverse order of their serial numbers. They shall be paid out of any funds received in advance payment of taxes that are not required for meeting any past-due and unpaid principal and interest or the next maturing installment of principal and interest.

  316. Tex. Water Code Sec. 51.811. APPROVAL AND REGISTRATION OF DISSOLUTION BONDS. After the dissolution bonds are issued by the board and before they are put in circulation, the bonds, at the option of the board, shall either be submitted to and approved by the attorney general and registered by the comptroller as provided in Sections 51.416-51.418 of this code or be validated by suit as provided in Sections 51.423-51.431 of this code. The provisions of these sections of this code which are not inconsistent with the provisions of this subchapter are applicable to the dissolution bonds provided for in this subchapter.

  317. Tex. Water Code Sec. 51.812. DISSOLUTION TAX ROLL. Before the issuance and delivery of the bonds, the board shall have the amount of dissolution tax imposed on each property in the district and its orders relating to the time and manner of payment of the tax entered on the current tax roll for the district.

  318. Tex. Water Code Sec. 51.819. FILING DISSOLUTION TAX ROLL. After the preparation of the dissolution tax roll, the board shall file the tax roll with the assessor and collector of the county or counties in which the district is located.

  319. Tex. Water Code Sec. 51.820. COLLECTION OF TAXES. The assessor and collector shall collect the taxes determined under Section 51.804 of this code on the land located in the county for which he is assessor and collector at the time and in the manner specified by the board in its various orders issuing the dissolution bonds and levying the taxes.

  320. Tex. Water Code Sec. 51.821. APPOINTMENT OF TRUSTEE.

  321. Tex. Water Code Sec. 51.822. AUTHORITY OF THE TRUSTEE. The trustee shall receive from the assessor and collector all proceeds from the assessments less the assessor and collector's charges and shall be the paying agent of the district for the bonds. The bonds shall be payable at the place of business of the trustee. The trustee shall be authorized by the order providing for the issuance of the bonds to institute suits in the name of the district for the use and benefit of the holders of the bonds and to apply all sums of money recovered in the suits to the payment of the bonds.

  322. Tex. Water Code Sec. 51.823. TAX LIEN. After filing the tax roll in the office of the assessor and collector, the taxes, penalties, interest, and attorney's fees shall become a specific charge on and be secured by a lien superior to all other liens, except tax liens, on the personal property, land, and improvements listed on the tax roll regardless of whether the ownership of the personal property, land, and improvements is correctly stated on the tax roll.

  323. Tex. Water Code Sec. 51.824. FORECLOSURE OF LIEN. The lien may be foreclosed in the manner prescribed in the Property Tax Code in a suit or suits brought in the name of the district by the board, or by the trustee or his successor as provided by the board.

  324. Tex. Water Code Sec. 51.825. DEFAULT IN PAYMENT OF TAX INSTALLMENT.

  325. Tex. Water Code Sec. 51.826. PENALTY AND ATTORNEY'S FEE.

  326. Tex. Water Code Sec. 51.827. DISCHARGE OF LIEN.

  327. Tex. Water Code Sec. 51.828. DISTRICT CONSIDERED DISSOLVED.

  328. Tex. Water Code Sec. 51.829. DISSOLUTION OF DISTRICT IN COUNTIES OF LESS THAN 11,000 POPULATION. Subject to the provisions of Sections 50.251-50.256 of this code, a district located entirely in a county having a population of less than 11,000, according to the last preceding federal census, may be abolished by a majority vote of the electors residing in the district at an election held for the purpose of determining whether or not the district should be dissolved.

  329. Tex. Water Code Sec. 51.830. PETITION FOR DISSOLUTION OF DISTRICT. A petition for the dissolution of the district shall be filed with the board and shall state the name of the district and the purpose for which the election is requested. The petition may refer to the order establishing the district for boundaries, limits, and area of the district.

  330. Tex. Water Code Sec. 51.831. SIGNATURES ON PETITION. A petition for dissolution of the district may be signed and filed in two or more copies. The petition shall be signed by a majority in number of the property owners with land in the district and the property owners of a majority in value of the land in the district, as shown by the tax rolls of the district, or 50 landowners if the number of landowners in the district is more than 50.

  331. Tex. Water Code Sec. 51.832. PROCEDURE FOR HOLDING ELECTION.

  332. Tex. Water Code Sec. 51.833. ELECTION IN DISTRICT INCLUDING CITY, TOWN, OR MUNICIPAL CORPORATION. In an election to dissolve a district in which a city, town, or municipal corporation is located, the city, town, or municipal corporation shall be a separate voting precinct, and the ballots cast in the city, town, or municipal corporation shall be counted and canvassed to show the result of the election there. If the city, town, or municipal corporation votes against the dissolution of the district and the balance of the district votes for the dissolution of the district, the district shall be dissolved.

  333. Tex. Water Code Sec. 51.834. SUBSEQUENT ELECTION. If the proposition to dissolve the district fails to carry at the election held for that purpose, no other election for the same purpose shall be held within one year after the date of the election.

  334. Tex. Water Code Sec. 51.835. DISTRICT DISSOLVED. If a majority of those voting at the election vote in favor of dissolving the district, the district shall be dissolved and shall have no further authority after the election, except that any debts incurred shall be paid and the organization shall be maintained until all the debts are paid.

  335. Tex. Water Code Sec. 51.836. TAXES TO PAY INDEBTEDNESS AFTER DISSOLUTION. If a district has outstanding bonds or other indebtedness maturing beyond the current year in which the dissolution occurs, the commissioners court of the county in which the district is located shall levy and have assessed and collected, in the manner prescribed in the Property Tax Code sufficient taxes on all taxable property in the district to pay the principal of and interest on the bonds and other indebtedness when due.

  336. Tex. Water Code Sec. 51.851. DEFINITIONS. In this subchapter:

  337. Tex. Water Code Sec. 51.852. COOPERATION WITH AUTHORITY, CORPS OF ENGINEERS, AND OTHER OWNERS. The commission, in conjunction with the authority, the United States Army Corps of Engineers, and other reservoir owners in the Trinity River basin, shall develop and implement a coordinated basinwide water release program for flood routing and control.

  338. Tex. Water Code Sec. 51.853. COOPERATION WITH AUTHORITY AND OWNERS. The commission, in conjunction with the authority and all reservoir owners in the Trinity River basin, may review, at least every 10 years, all water rights permits affecting the basin.

  339. Tex. Water Code Sec. 51.854. FLOOD WARNING SYSTEM. The commission and the authority, in conjunction with affected political subdivisions, shall develop a basinwide flood warning system to alert the public and local officials of imminent flooding in order to effectuate orderly withdrawal from floodplains and to institute other appropriate precautions.

  340. Tex. Water Code Sec. 51.871. DEFINITIONS. In this subchapter:

  341. Tex. Water Code Sec. 51.872. AUTHORITY TO TRANSFER DISTRICT BETWEEN MUNICIPALITIES' EXTRATERRITORIAL JURISDICTION. The board of directors of a district by order may transfer the district from the extraterritorial jurisdiction of a municipality to the extraterritorial jurisdiction of another municipality if the board finds that:

  342. Tex. Water Code Sec. 51.873. APPLICABILITY. This subchapter applies only to a district that:

  343. Tex. Water Code Sec. 51.874. EFFECT OF TRANSFER. On and after the effective date of the board's order under Section 51.872 of this chapter, the district:

  344. Tex. Water Code Sec. 51.875. SUBCHAPTER SUPERSEDES. To the extent of any conflict, this subchapter controls over any other law related to the creation, application, or operation of the extraterritorial jurisdiction of a municipality.

Chapter 52

  1. Tex. Water Code Sec. 52.005. APPLICABILITY TO UNDERGROUND WATER CONSERVATION DISTRICTS GENERALLY.

Chapter 53

  1. Tex. Water Code Sec. 53.001. DEFINITIONS. In this chapter:

  2. Tex. Water Code Sec. 53.011. CREATING A DISTRICT. A district is created by petition, hearing, and election.

  3. Tex. Water Code Sec. 53.012. CITIES AND TOWNS. Cities and towns are includable in a district.

  4. Tex. Water Code Sec. 53.013. PRESENTING PETITION. A person may present a petition requesting creation of a district to the commissioners court of the county which includes the land in the proposed district. If the commissioners court is not in session, the petition may be presented to the county judge.

  5. Tex. Water Code Sec. 53.014. REQUISITES OF PETITION. To be sufficient, the petition must:

  6. Tex. Water Code Sec. 53.015. DEPOSIT. The person who presents the petition shall at the same time pay a deposit of $100 to the county clerk. The clerk shall pay out the deposit on vouchers approved by the county judge for all expenses necessary for the hearing and the election for the creation of the district. After the election, the clerk shall return any portion of the deposit which is left to the petitioners or their attorney.

  7. Tex. Water Code Sec. 53.016. TIME AND PLACE OF HEARING. The commissioners court or county judge shall immediately set a time and place for a hearing on the petition by the commissioners court. The hearing must be held during the period beginning on the 15th day and ending with the 30th day after the day the petition is presented.

  8. Tex. Water Code Sec. 53.017. NOTICE.

  9. Tex. Water Code Sec. 53.018. POSTING NOTICE.

  10. Tex. Water Code Sec. 53.019. HEARING POWERS.

  11. Tex. Water Code Sec. 53.020. TEMPORARY SUPERVISORS; QUALIFICATIONS.

  12. Tex. Water Code Sec. 53.021. OFFICERS TO BE ELECTED. In the election, five supervisors are elected.

  13. Tex. Water Code Sec. 53.029. DIVISION OF OR ASSUMPTION OF AUTHORITY BY CERTAIN DISTRICTS.

  14. Tex. Water Code Sec. 53.030. ORDERING ELECTION. The board may order a special election on its own motion or on presentation of a petition signed by 20 or more qualified property taxpaying electors of the district.

  15. Tex. Water Code Sec. 53.031. ORDER: METES AND BOUNDS. The petition for election and the order and notices of election must set forth the metes and bounds of the two proposed new districts.

  16. Tex. Water Code Sec. 53.032. ORDER: TIME OF ELECTION. In the order the board shall set the time for the election, which must be held before the expiration of the 30th day after the day the order is made.

  17. Tex. Water Code Sec. 53.033. ORDER: ELECTION OF SUPERVISORS. The board shall include in the order a statement that if the election results in division of the district, the two new districts will each be governed by a board of five supervisors elected in the same election.

  18. Tex. Water Code Sec. 53.034. ORDER: DIVISION OF PROPERTY AND MONEY. In the election order the board shall state in a general way how the properties and any money on hand will be divided between the two new districts if the election is in favor of dividing into two districts. The basis set by the board is controlling.

  19. Tex. Water Code Sec. 53.040. ELECTED SUPERVISORS TAKE OFFICE. If the election results in a division of the district, the five candidates receiving the most votes in each new district shall be declared elected. They shall immediately qualify in accordance with Section 49.055.

  20. Tex. Water Code Sec. 53.041. COMPLETING MEMBERSHIP OF THE BOARD. If no supervisors are elected, or if a full board is not elected, the commissioners court shall appoint the needed members of the board.

  21. Tex. Water Code Sec. 53.042. NEWLY ELECTED SUPERVISORS--TERM OF OFFICE. The newly elected supervisors hold office until the new district's next supervisors election.

  22. Tex. Water Code Sec. 53.043. POWERS OF NEW DISTRICT. A district created by the division of an existing district into two districts has all the powers and duties given by this chapter to any other district.

  23. Tex. Water Code Sec. 53.061. CREATION OF DISTRICT. A commissioners court may create one or more fresh water supply districts in its county by following the procedure prescribed in Sections 53.011-53.029 of this code.

  24. Tex. Water Code Sec. 53.062. BOARD OF SUPERVISORS. A district created under this chapter is governed by a board of five elected supervisors.

  25. Tex. Water Code Sec. 53.063. SUPERVISOR'S QUALIFICATIONS.

  26. Tex. Water Code Sec. 53.072. ASSESSOR AND COLLECTOR'S QUALIFICATIONS. To be qualified for election as assessor and collector, a person must be a resident of the district and a qualified voter in the district.

  27. Tex. Water Code Sec. 53.073. ASSESSOR AND COLLECTOR'S TERM OF OFFICE. The first elected assessor and collector holds office until the next general election of officers following his election. The succeeding assessor and collectors hold office for terms of two years. The board shall fill any vacancy in the office of assessor and collector by appointment for the unexpired term.

  28. Tex. Water Code Sec. 53.075. ASSESSOR AND COLLECTOR'S SALARY. The board shall fix the salary of the assessor and collector at not more than $10,000 a year.

  29. Tex. Water Code Sec. 53.088. STATUS OF THE DISTRICT. A district is:

  30. Tex. Water Code Sec. 53.101. PURPOSE OF DISTRICT. Fresh water supply districts may be created to conserve, transport, and distribute fresh water from any sources for domestic and commercial purposes.

  31. Tex. Water Code Sec. 53.102. CONSTITUTIONAL BASIS. The constitutional basis for this chapter is Article XVI, Section 59, of the Texas Constitution.

  32. Tex. Water Code Sec. 53.103. GOVERNMENTAL POWERS OF DISTRICT. A district has the powers of government and authority to exercise the rights, privileges, and functions given to it by this chapter or by any other state law.

  33. Tex. Water Code Sec. 53.104. AUTHORITY TO ACQUIRE WATER RIGHTS. A district may acquire water rights and privileges in any way that an individual or corporation may acquire them. A district may hold water rights and privileges, either by gift, purchase, devise, appropriation, or by other means.

  34. Tex. Water Code Sec. 53.105. CONTRACTS WITH OTHER DISTRICTS OR WATER SUPPLY CORPORATIONS.

  35. Tex. Water Code Sec. 53.107. DISTRIBUTION OF WATER AND USE OF REVENUES OBTAINED FROM DISTRIBUTION OF WATER.

  36. Tex. Water Code Sec. 53.112. USE OF ROADWAYS. In order to secure fresh water, a district may construct necessary levees, bridges, and other improvements across or under:

  37. Tex. Water Code Sec. 53.113. CONSTRUCTING IMPROVEMENTS ON RAILROAD WAYS.

  38. Tex. Water Code Sec. 53.115. DUTIES OF ENGINEER.

  39. Tex. Water Code Sec. 53.121. CONSTRUCTING SANITARY SEWER SYSTEMS.

  40. Tex. Water Code Sec. 53.122. REGULATING SANITARY CONDITIONS INSIDE THE DISTRICT.

  41. Tex. Water Code Sec. 53.123. GEOTHERMAL WATER CONVEYANCE SYSTEMS. A district may purchase, construct, acquire, own, operate, repair, improve, and extend geothermal water conveyance systems in the district.

  42. Tex. Water Code Sec. 53.126. EFFECT OF ENUMERATION OF POWERS. No statement of specific powers in this chapter is a limitation on the general powers given by this chapter, unless it is specifically so stated.

  43. Tex. Water Code Sec. 53.145. PAYMENT OF ELECTION EXPENSES. The board shall pay all expenses of calling and holding each election, except the creation election, from any district funds except the interest and sinking fund.

  44. Tex. Water Code Sec. 53.146. MAINTENANCE FUND.

  45. Tex. Water Code Sec. 53.150. PAYMENT OF DAMAGES. The district shall pay out of any funds or property of the district, except the interest and sinking fund:

  46. Tex. Water Code Sec. 53.151. COST OF SANITARY SEWER SYSTEMS.

  47. Tex. Water Code Sec. 53.171. POWER TO ISSUE BONDS.

  48. Tex. Water Code Sec. 53.172. ORDERING BOND ELECTION. After the creation of a district and the qualification of the supervisors, the board may order an election in the district to authorize a bond issue. At this election, the board shall submit only a proposition authorizing the issuance of bonds and the levy of a tax to pay the bonds. The ballots shall be printed to allow for voting for or against the proposition: "The issuance of bonds and the levy of taxes to pay the bonds."

  49. Tex. Water Code Sec. 53.176. ISSUING BONDS.

  50. Tex. Water Code Sec. 53.177. APPROVING BONDS.

  51. Tex. Water Code Sec. 53.178. REGISTERING BONDS. When the attorney general approves the bonds, the comptroller shall register them in a book kept for that purpose. The comptroller shall record the certificate of the attorney general as to the bonds' validity. The bonds are then prima facie valid in any action, suit, or proceeding. In a suit to enforce collection of the bonds and interest on the bonds, the only defense against the validity of the bonds is forgery or fraud.

  52. Tex. Water Code Sec. 53.179. SELLING BONDS. After the bonds are registered, the board shall sell them on the best terms and for the best price possible. The board shall promptly pay to the district depository the money received from the sale of the bonds. The district depository shall hold the money for the district.

  53. Tex. Water Code Sec. 53.180. RECORDING OF BOND ISSUES.

  54. Tex. Water Code Sec. 53.181. PAYING BONDS AND INTEREST. At the time for paying interest or for redeeming the bonds, the district depository shall receive and cancel any interest coupons paid or any bonds redeemed. When the board receives an interest coupon or a bond, it shall credit the account of the depository with the amount received. The board shall then cancel and destroy the bond or coupon.

  55. Tex. Water Code Sec. 53.182. BONDS PAYABLE FROM REVENUES AND AD VALOREM TAXES.

  56. Tex. Water Code Sec. 53.183. ELECTION REQUIRED.

  57. Tex. Water Code Sec. 53.184. REFUNDING BONDS.

  58. Tex. Water Code Sec. 53.185. RATES AND CHARGES. If the board issues revenue bonds or combination tax and revenue bonds, the board, at the time it authorizes the bonds, shall fix rates and charges for the use of the facilities or the services rendered in an amount which, together with any tax which is levied, will assure the prompt payment of the principal of and interest on the bonds as they mature.

  59. Tex. Water Code Sec. 53.186. INTEREST AND SINKING FUND.

  60. Tex. Water Code Sec. 53.187. INVESTMENT OF SINKING FUND. The board may invest the district's sinking funds in county, municipal, district, or other bonds in which other sinking funds may by law be invested. The board may also invest the sinking funds in bonds of the series to which the funds apply, if the bonds are offered for redemption before maturity on terms the board deems advantageous to the district.

  61. Tex. Water Code Sec. 53.188. LEVY OF TAXES. After the district has issued bonds, the board shall levy taxes on all property in the district, whether real, personal, or mixed. The board shall levy the taxes based on the full value of each piece of property. The board shall levy the taxes in an amount which is enough to pay the interest on the bonds and to create a sinking fund sufficient to redeem and discharge the bonds when they mature. The board shall levy taxes annually for this purpose as long as the bonds are outstanding.

  62. Tex. Water Code Sec. 53.189. ASSESSOR AND COLLECTOR--OFFICE. The assessor and collector shall maintain an office.

  63. Tex. Water Code Sec. 53.190. SUBJECT TO RULES OF BOARD. The assessor and collector is subject to the rules and regulations of the board in the same manner as provided by law for assessors and collectors of water improvement districts.

Chapter 54

  1. Tex. Water Code Sec. 54.001. DEFINITIONS. In this chapter:

  2. Tex. Water Code Sec. 54.011. CREATION OF DISTRICT. A municipal utility district may be created under and subject to the authority, conditions, and restrictions of Article XVI, Section 59, of the Texas Constitution.

  3. Tex. Water Code Sec. 54.012. PURPOSES OF A DISTRICT. A district shall be created for the following purposes:

  4. Tex. Water Code Sec. 54.013. COMPOSITION OF DISTRICT.

  5. Tex. Water Code Sec. 54.014. PETITION. When it is proposed to create a district, a petition requesting creation shall be filed with the commission. The petition shall be signed by a majority in value of the holders of title of the land within the proposed district, as indicated by the tax rolls of the central appraisal district.

  6. Tex. Water Code Sec. 54.015. CONTENTS OF PETITION. The petition shall:

  7. Tex. Water Code Sec. 54.016. CONSENT OF CITY.

  8. Tex. Water Code Sec. 54.0161. REVIEW OF CREATION BY COUNTY.

  9. Tex. Water Code Sec. 54.0162. OPTION OF SELECTION BY DISTRICT COMPOSED OF NONCONTIGUOUS AREAS LOCATED IN THE EXTRATERRITORIAL JURISDICTION OF TWO MUNICIPALITIES.

  10. Tex. Water Code Sec. 54.0163. OPTION OF SELECTION OF EXTRATERRITORIAL JURISDICTION FOR CERTAIN DISTRICTS.

  11. Tex. Water Code Sec. 54.0165. ADDITION TO DISTRICT OF LAND IN EXTRATERRITORIAL JURISDICTION OF MUNICIPALITY.

  12. Tex. Water Code Sec. 54.018. NOTICE AND HEARING ON DISTRICT CREATION. If a petition is filed under Section 54.014, the commission shall give notice of an application as required by Section 49.011 and may conduct a hearing on the application if the commission determines that a hearing is necessary under Section 49.011.

  13. Tex. Water Code Sec. 54.020. HEARING.

  14. Tex. Water Code Sec. 54.021. GRANTING OR REFUSING PETITION.

  15. Tex. Water Code Sec. 54.022. TEMPORARY DIRECTORS.

  16. Tex. Water Code Sec. 54.023. APPEAL FROM THE ORDER OF THE COMMISSION. Any person who signed the petition, any city, or any person who appeared in person or by attorney or agent and offered testimony for or against the creation of the district, may appeal from the order of the commission granting or refusing the petition within 30 days after the entry of the order.

  17. Tex. Water Code Sec. 54.024. SUPERVISION BY COMMISSION. The rights, powers, privileges, authority, and functions conferred on a district by granting of a petition for creation shall be subject to the continuing right of supervision of the state to be exercised by and through the commission.

  18. Tex. Water Code Sec. 54.025. QUALIFICATION OF TEMPORARY DIRECTORS. After a district has been organized, each temporary director shall execute a bond in accordance with the provisions of Section 49.055 and shall take the oath of office, and the board shall meet and organize.

  19. Tex. Water Code Sec. 54.030. CONVERSION OF CERTAIN DISTRICTS INTO DISTRICTS OPERATING UNDER THIS CHAPTER.

  20. Tex. Water Code Sec. 54.032. CONVERSION OF DISTRICT: NOTICE.

  21. Tex. Water Code Sec. 54.033. CONVERSION OF DISTRICT; FINDINGS.

  22. Tex. Water Code Sec. 54.034. EFFECT OF CONVERSION. A district which is converted into a district operating under this chapter shall:

  23. Tex. Water Code Sec. 54.035. RESERVATION OF CERTAIN POWERS FOR CONVERTED DISTRICTS.

  24. Tex. Water Code Sec. 54.036. DIRECTORS TO CONTINUE SERVING. The existing board of a district converted to a municipal utility district under the provisions of this chapter shall continue to serve as the board of the converted district.

  25. Tex. Water Code Sec. 54.037. REGIONAL PLAN IMPLEMENTATION AGENCIES.

  26. Tex. Water Code Sec. 54.101. BOARD OF DIRECTORS. A district shall be governed by a board of five directors.

  27. Tex. Water Code Sec. 54.102. QUALIFICATIONS FOR DIRECTORS. To be qualified to serve as a director, a person shall be at least 18 years old, a resident citizen of the State of Texas, and either own land subject to taxation in the district or be a qualified voter within the district.

  28. Tex. Water Code Sec. 54.201. POWERS.

  29. Tex. Water Code Sec. 54.203. MUNICIPAL SOLID WASTE. A district is authorized to purchase, construct, acquire, own, operate, maintain, repair, improve, extend, or establish a municipal solid waste collection and disposal system, including recycling, inside and outside the district and make proper charges for it. A district may require use of such services as a condition for receiving other district services. A district may enter into an exclusive contract with a private entity to provide such services to all land and persons within its boundaries.

  30. Tex. Water Code Sec. 54.205. ADOPTING RULES AND REGULATIONS. A district may adopt and enforce reasonable rules and regulations to:

  31. Tex. Water Code Sec. 54.2051. SERVICE CONNECTIONS TO CERTAIN DWELLING UNITS.

  32. Tex. Water Code Sec. 54.2052. PLUMBING CODE. Notwithstanding any other law, a district is not required to adopt a plumbing code. A district may adopt and enforce one or more plumbing codes meeting the standards and requirements of the rules and laws of this state and may amend any code adopted to conform to local concerns if the amendment does not substantially vary from rules or laws of this state. If a municipal regulation conflicts with a district regulation, the municipal regulation prevails.

  33. Tex. Water Code Sec. 54.206. EFFECT OF RULES. After the required publication, rules adopted by the district under Section 54.205 of this code shall be recognized by the courts as if they were penal ordinances of a city.

  34. Tex. Water Code Sec. 54.207. PUBLICATION OF RULES.

  35. Tex. Water Code Sec. 54.208. EFFECTIVE DATE OF RULES. The penalty for violation of a rule is not effective and enforceable until five days after the publication of the notice. Five days after the publication, the published rule shall be in effect and ignorance of it is not a defense to a prosecution for the enforcement of the penalty.

  36. Tex. Water Code Sec. 54.209. LIMITATION ON USE OF EMINENT DOMAIN. A district may not exercise the power of eminent domain outside the district boundaries to acquire:

  37. Tex. Water Code Sec. 54.234. ACQUIRING ROAD POWERS.

  38. Tex. Water Code Sec. 54.235. AUTHORITY TO CONTRACT. Any district created by general law or special act of the legislature in existence for at least 10 years which lies within a county that borders on the Gulf of Mexico and that has a population of 190,000 and which has the powers of this chapter and which also has or is authorized to acquire road utility district powers pursuant to Section 54.234, of this code, may contract with the county within which it is located with respect to the ownership, maintenance, and operation of any facilities or improvements which such district is authorized or may be authorized to acquire by purchase, gift, lease, or otherwise, except by condemnation, any and all property or interests in property, whether real, personal, or mixed, tangible or intangible, located inside or outside such county, that are found to be necessary for such improvements or facilities. Such county may enter into contracts with such districts as permitted by this section for any term of years not exceeding 40 for the management and operation of any or all of such property and interests in property on such terms as the commissioners court of such county deems appropriate.

  39. Tex. Water Code Sec. 54.2351. CONTRACTS WITH OTHER DISTRICTS, WATER SUPPLY CORPORATIONS, OR OTHER RETAIL PUBLIC UTILITIES.

  40. Tex. Water Code Sec. 54.236. STREET OR SECURITY LIGHTING.

  41. Tex. Water Code Sec. 54.237. ENFORCEMENT OF REAL PROPERTY RESTRICTIONS.

  42. Tex. Water Code Sec. 54.238. DEFINITIONS. In this subchapter:

  43. Tex. Water Code Sec. 54.239. APPEAL TO THE COMMISSION OF DECISION OF BOARD REGARDING FACILITIES. A person aggrieved by a decision of a board involving the cost, purchase, or use of facilities may appeal the decision to the commission by filing a petition with the commission seeking appropriate relief within 30 days after the date of the decision. The commission may require a petitioner to include with a petition under this subchapter a deposit in an amount estimated to be sufficient to pay the costs of notice under V.T.C.A., Water Code Sec. 54.240 and to hold the hearing on the dispute.

  44. Tex. Water Code Sec. 54.240. NOTICE. The commission shall give notice of the petition to persons who the commission determines may be affected by the petition, including:

  45. Tex. Water Code Sec. 54.241. ACTION ON THE PETITION.

  46. Tex. Water Code Sec. 54.242. STREET REPAIR OR MAINTENANCE. A district created by general law or special act of the legislature in existence for at least 10 years may repair or maintain a street within the district as provided by Section 54.522.

  47. Tex. Water Code Sec. 54.243. DISPOSITION OF IMPACT FEES. A district that charges a fee that is an impact fee as described in Section 395.001(4), Local Government Code, shall use the fees collected and any interest accrued on the fees collected only for:

  48. Tex. Water Code Sec. 54.501. ISSUANCE OF BONDS. The district may issue its bonds for any purpose authorized by this chapter, Chapter 49, or other applicable laws, including the purpose of purchasing, constructing, acquiring, owning, operating, repairing, improving, or extending any district works, improvements, facilities, plants, equipment, and appliances needed to accomplish the purposes set forth in Section 54.012 for which a district shall be created, including works, improvements, facilities, plants, equipment, and appliances needed to provide a waterworks system, sanitary sewer system, storm sewer system, geothermal water conveyance system, and solid waste disposal system.

  49. Tex. Water Code Sec. 54.502. FORM OF BONDS.

  50. Tex. Water Code Sec. 54.503. MANNER OF REPAYMENT OF BONDS. The board may provide for the payment of principal of and interest and redemption price on the bonds in any one of the following manners:

  51. Tex. Water Code Sec. 54.504. ADDITIONAL SECURITY FOR BONDS.

  52. Tex. Water Code Sec. 54.505. ELECTION ON TAX BONDS. Bonds payable solely from revenues may be issued by resolution or order of the board without an election, but no bonds, except refunding bonds, payable wholly or partially from ad valorem taxes shall be issued until authorized by a majority vote of the resident electors of the district voting in an election called and held for that purpose. An election is not required to pledge revenues to the payment of bonds.

  53. Tex. Water Code Sec. 54.507. NOTICE OF BOND ELECTION.

  54. Tex. Water Code Sec. 54.510. PROVISIONS OF BONDS.

  55. Tex. Water Code Sec. 54.512. SALE OR EXCHANGE OF BONDS.

  56. Tex. Water Code Sec. 54.514. REFUNDING BONDS.

  57. Tex. Water Code Sec. 54.5161. REVIEW OF BOND PROJECTS BY COUNTIES.

  58. Tex. Water Code Sec. 54.518. MANDAMUS BY BONDHOLDERS. In addition to all other rights and remedies provided by the laws of the state, in the event the district defaults in the payment of principal, interest, or redemption price on its bonds when due, or in the event it fails to make payments into any fund or funds created in the order or resolution authorizing the issuance of the bonds, or defaults in the observation or performance of any other covenants, conditions, or obligations set forth in the resolution or order authorizing the issuance of its bonds, the owners of any of the bonds shall be entitled to a writ of mandamus issued by a court of competent jurisdiction compelling and requiring the district and its officials to observe and perform the covenants, obligations, or conditions prescribed in the order or resolution authorizing the issuance of the district's bonds.

  59. Tex. Water Code Sec. 54.520. CANCELLATION OF UNSOLD BONDS.

  60. Tex. Water Code Sec. 54.521. USE OF BOND PROCEEDS TO PAY CERTAIN INTEREST. The district may use bond proceeds to pay or to establish a reasonable reserve to pay not more than three years' interest on the notes and bonds of the district as provided in the bond orders or resolutions.

  61. Tex. Water Code Sec. 54.522. BONDS FOR STREET REPAIR OR MAINTENANCE.

  62. Tex. Water Code Sec. 54.601. TAX LEVY FOR BONDS. At the time bonds payable in whole or in part from taxes are issued, the board shall levy a continuing direct annual ad valorem tax for each year while all or part of the bonds are outstanding on all taxable property within the district in sufficient amount to pay the interest on the bonds as it becomes due and to create a sinking fund for the payment of the principal of the bonds when due or the redemption price at any earlier required redemption date and to pay the expenses of assessing and collecting the taxes.

  63. Tex. Water Code Sec. 54.602. ESTABLISHMENT OF TAX RATE IN EACH YEAR.

  64. Tex. Water Code Sec. 54.603. MANDAMUS BY BONDHOLDERS. In the event the board fails or refuses to levy a sufficient tax in each year which, together with other revenues or receipts which may be legally used for these purposes, will be sufficient to pay the required principal of or interest or redemption price on the bonds, notes, or other contractual obligations when due, or to pay the district's other contractual obligations payable from taxes in addition to all other remedies which may be available, the owner of the district's bonds, notes, or other contractual obligations shall be entitled to a writ of mandamus issued by a court of competent jurisdiction to compel the board to levy a sufficient tax to meet the district's obligations to the owners of its bonds, notes, or other contractual obligations.

  65. Tex. Water Code Sec. 54.604. ASSESSMENT AND COLLECTION OF DISTRICT TAXES. The assessor and collector shall assess and collect taxes for the district.

  66. Tex. Water Code Sec. 54.728. CONSOLIDATION OF DISTRICTS.

  67. Tex. Water Code Sec. 54.729. ELECTIONS TO APPROVE CONSOLIDATION.

  68. Tex. Water Code Sec. 54.730. GOVERNING CONSOLIDATED DISTRICTS.

  69. Tex. Water Code Sec. 54.731. DEBTS OF ORIGINAL DISTRICTS.

  70. Tex. Water Code Sec. 54.732. ASSESSMENT AND COLLECTION OF TAXES. After consolidation, the district shall assess and collect taxes on property in the original districts to pay debts created by the original districts unless each district has assumed the bonds, notes, or other indebtedness payable in whole or in part from taxation of the other consolidating districts.

  71. Tex. Water Code Sec. 54.733. VOTED BUT UNISSUED BONDS. In the event any consolidating district has voted but unissued bonds payable in whole or in part from taxation and the consolidated district assumed the voted but unissued bonds and the consolidated district was authorized to levy taxes to pay for the bonds, then the consolidated district shall be authorized to issue the voted but unissued bonds in the name of the consolidated district and levy a uniform tax on all taxable property in the consolidated district to pay for the bonds.

  72. Tex. Water Code Sec. 54.734. DISSOLUTION OF DISTRICT PRIOR TO ISSUANCE OF BONDS.

  73. Tex. Water Code Sec. 54.735. NOTICE OF HEARING. The board shall post notice of the hearing on the bulletin board at the courthouse door of each county in which the district is located and at three or more other public places within the boundaries of the district and shall publish notice of the hearing two times in a newspaper with general circulation in the district. The notice must be posted and published at least 14 days before the hearing on the proposed dissolution of the district.

  74. Tex. Water Code Sec. 54.736. HEARING. The board shall hear all interested persons and shall consider their evidence at the time and place stated in the notice.

  75. Tex. Water Code Sec. 54.737. BOARD'S ORDER TO DISSOLVE DISTRICT. If the board unanimously determines from the evidence that the best interests of the persons and property in the district will be served by dissolving the district, the board shall enter the appropriate findings and order in its records dissolving the district. Otherwise the board shall enter its order providing that the district has not been dissolved.

  76. Tex. Water Code Sec. 54.738. JUDICIAL REVIEW OF BOARD'S ORDER. The board's decree to dissolve the district may be judicially reviewed in the manner set forth in Sections 54.708-54.710 of this code for the review of an order excluding land from the district.

  77. Tex. Water Code Sec. 54.739. SUBSTITUTING LAND OF EQUAL VALUE. After the district is organized and has obtained voter approval for the issuance of, or has sold, bonds payable wholly or partly from ad valorem taxes, land within the district boundaries subject to taxation that does not need or utilize the services of the district may be excluded and other land not within the boundaries of the district may be included within the boundaries of the district without impairment of the security for payment of the bonds or invalidation of any prior bond election, as provided by this section and Sections 54.740 through 54.747.

  78. Tex. Water Code Sec. 54.740. REQUISITES FOR APPLICATION FOR EXCLUSION. An owner of land in the district not receiving services from the district may apply for its exclusion from the district boundaries if all taxes levied and assessed by the district on the land to be excluded have been fully paid. The application shall set forth facts concerning the land proposed for exclusion, including evidence of the reasonable market value of the land, and state that the other requisites for the exclusion of the land and substitution of other land have been fulfilled or will be fulfilled at the hearing on the application. The application shall be verified and acknowledged in a recordable form as conveyances of real property.

  79. Tex. Water Code Sec. 54.741. INCLUSION OF SUBSTITUTE LAND REQUIRED. An application for exclusion can only be considered by the board if an application is filed by an owner of other land lying outside the boundaries of the district seeking inclusion of land that can be served in a practical manner by the district of at least equal value to the land proposed for exclusion. Such land must be included within the district boundaries and taxing jurisdiction of the district simultaneously with the exclusion of the land proposed for exclusion. Such included land must be of sufficient acreage to avoid an impairment of the security for payment of voted and issued bonds and any other contract obligations payable or secured, in whole or in part, from ad valorem taxes or revenues of the district.

  80. Tex. Water Code Sec. 54.742. APPLICATION FOR INCLUSION. The application submitted by an owner of land proposed for inclusion shall set forth that the owner of the new land assumes the payment of all taxes, assessments, and fees levied on the land and assessed by the district after the date the land is included in the district. The application shall also set forth an agreement by the owner of the land proposed for inclusion that the land will be subject to future taxes for bond tax and other assessments and fees levied and assessed by the district and be subject to the same liens and provisions and statutes governing all other lands in the district as though the land had been incorporated originally in the district. The application for inclusion shall be verified and acknowledged in a recordable form as conveyances of real property.

  81. Tex. Water Code Sec. 54.743. NOTICE OF HEARING AND HEARING PROCEDURES. The board shall give notice of the hearing on the applications for exclusion and inclusion in conformity with the notice and hearing requirements otherwise applicable to exclusions or additions of land. The board at such hearing shall hear all interested parties and all evidence in connection with the applications.

  82. Tex. Water Code Sec. 54.744. IMPAIRMENT OF SECURITY.

  83. Tex. Water Code Sec. 54.745. BOARD'S RESOLUTION TO SUBSTITUTE. If the board finds that all the conditions provided for the exclusion of land and inclusion of other land in the district exist and that it is in the best interest of the district to grant such applications, it may adopt and enter in its minutes a resolution and order excluding all or part of the land proposed for exclusion and including all or part of the land proposed for inclusion. Prior to the effective date of the exclusion and inclusion of lands, the district shall have received payment of all fees, charges, assessments, taxes, together with any associated penalties and interest due or overdue in respect to the lands excluded, and if no ad valorem taxes or fees have yet been established by the district for the current year, an amount determined by the district to equal the estimated ad valorem taxes and standby fees to be established by the district for the current year, prorated to the date of exclusion with respect to such excluded lands, shall also be paid.

  84. Tex. Water Code Sec. 54.746. LIABILITY OF EXCLUDED AND INCLUDED LAND. The land excluded from the district is free from any lien or liability created on the excluded land by reason of its having been included in the district. Land included in the district is subject to all laws, liens, and provisions governing the district and the land in the district.

  85. Tex. Water Code Sec. 54.747. SERVICE TO INCLUDED LAND. The district has the same right and obligation to furnish services to the included land that it previously had to furnish to the excluded land.

  86. Tex. Water Code Sec. 54.748. EXCLUSION OF LAND FOR FAILURE TO PROVIDE SUFFICIENT SERVICES; BONDS OUTSTANDING.

  87. Tex. Water Code Sec. 54.749. TAX LIABILITY OF EXCLUDED LAND; BONDS OUTSTANDING.

  88. Tex. Water Code Sec. 54.801. AUTHORITY TO ESTABLISH DEFINED AREAS OR DESIGNATED PROPERTY.

  89. Tex. Water Code Sec. 54.802. DEFINING AREA AND DESIGNATING PROPERTY TO BE BENEFITED BY IMPROVEMENTS.

  90. Tex. Water Code Sec. 54.804. ORDER ADOPTING PLANS FOR DEFINED AREA OR DESIGNATED PROPERTY.

  91. Tex. Water Code Sec. 54.805. OBTAINING FUNDS TO CONSTRUCT, ADMINISTER, MAINTAIN, AND OPERATE IMPROVEMENTS AND FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On adoption of the proposed plan as provided by this subchapter and voter approval of the imposition of taxes and issuance of bonds, the district, under the limitations of this subchapter, may apply separately, differently, equitably, and specifically its taxing power and lien authority to the defined area or designated property to provide money to construct, administer, maintain, and operate improvements and facilities that primarily benefit the defined area or designated property.

  92. Tex. Water Code Sec. 54.806. PROCEDURE FOR ELECTION.

  93. Tex. Water Code Sec. 54.809. ISSUANCE OF BONDS AND IMPOSITION OF TAX FOR DEFINED AREA OR DESIGNATED PROPERTY. After approval by the voters, the district may issue bonds and impose taxes to provide the specific plant, works, and facilities included in the engineer's report for the defined area, or to serve the designated property.

  94. Tex. Water Code Sec. 54.810. LIMITATION ON OTHER BOND AUTHORIZATIONS. If the voters of the designated area authorize the issuance of bonds for a particular purpose, a district may not issue bonds from any other authorization for the same purposes, and only revenue and taxes from the designated area may be used to retire the bonds.

  95. Tex. Water Code Sec. 54.811. PLEDGE OF FAITH AND CREDIT. If at an election, the voters approve the issuance of bonds and the levy of a tax that applies only to a designated area, the district may issue bonds that pledge only the faith and credit based on the property values in the defined area and may not pledge the full faith and credit of the district.

  96. Tex. Water Code Sec. 54.812. NOTICE TO PURCHASERS.

  97. Tex. Water Code Sec. 54.813. MUNICIPALITY'S AUTHORITY REGARDING DEFINED AREA.

Chapter 55

  1. Tex. Water Code Sec. 55.001. DEFINITIONS. In this chapter:

  2. Tex. Water Code Sec. 55.021. CREATION OF DISTRICT. A water improvement district may be created in the manner prescribed by this subchapter, either under and subject to the limitations of Article III, Section 52, of the Texas Constitution, or under Article XVI, Section 59, of the Texas Constitution.

  3. Tex. Water Code Sec. 55.022. DISTRICT WHOLLY WITHIN ONE COUNTY. The commissioners court of a county, at any regular or called session, may create one or more water improvement districts in the county as provided by this subchapter.

  4. Tex. Water Code Sec. 55.023. DISTRICT MAY INCLUDE CITIES, TOWNS, ETC. A district may include all or part of one or more cities, towns, villages, and municipal corporations, but no land may be included in more than one district at any one time.

  5. Tex. Water Code Sec. 55.024. PETITION.

  6. Tex. Water Code Sec. 55.025. DATE SET FOR HEARING. The commissioners court shall set a date for a hearing on the petition, to be held at a regular or special session not less than 15 days nor more than 40 days after the day the petition is presented.

  7. Tex. Water Code Sec. 55.026. NOTICE OF HEARING.

  8. Tex. Water Code Sec. 55.027. HEARING.

  9. Tex. Water Code Sec. 55.028. FINDINGS; ORDER. The commissioners court shall make and enter its findings in the record. If it finds that creation of the district and the construction or purchase of the proposed irrigation system, or cooperation with the United States as provided by Section 55.161 of this code, is feasible, practicable, and necessary, and would be a public benefit and a benefit to the land included in the district, then the court shall make and enter an order granting the petition and directing that an election be held in the proposed district. Otherwise, the court shall dismiss the petition at the cost of the petitioners.

  10. Tex. Water Code Sec. 55.029. APPEAL.

  11. Tex. Water Code Sec. 55.031. VOTING PRECINCTS.

  12. Tex. Water Code Sec. 55.032. ELECTION OFFICIALS. The commissioners court shall appoint two judges and two clerks for each polling place, and designate one of the judges to be presiding judge. If an officer fails to serve, his place shall be filled in the manner provided by the general election law.

  13. Tex. Water Code Sec. 55.037. DIRECTORS. The commissioners court shall declare the five persons receiving the most votes to be elected directors. If not all five positions can be determined because of a tie vote, the commissioners court shall fill the necessary positions by selecting among the tying candidates.

  14. Tex. Water Code Sec. 55.038. ISSUANCE OF NOTES.

  15. Tex. Water Code Sec. 55.039. RECORDATION OF ORDER.

  16. Tex. Water Code Sec. 55.040. MULTI-COUNTY DISTRICT: PETITION. Creation of a district composed of land in two or more counties may be initiated by presenting a petition to the commission signed by the owners of more than half the land in the proposed district or by 50 qualified property taxpaying electors of the territory of the proposed district. The petition shall describe the boundaries of the proposed district and request an order on the advisability of creating the district and an order for an election.

  17. Tex. Water Code Sec. 55.042. MULTI-COUNTY DISTRICT: HEARING. If the commission determines that a hearing is necessary under Section 49.011, the commission shall conduct a hearing and any person whose land would be affected by creation of the district may appear and support or oppose creation of the proposed district, and may offer competent testimony to show that the district would or would not serve a beneficial purpose, be practicable, or accomplish the purposes intended.

  18. Tex. Water Code Sec. 55.043. MULTI-COUNTY DISTRICT: FINDINGS.

  19. Tex. Water Code Sec. 55.044. MULTI-COUNTY DISTRICT: NOTICE OF ELECTION. On receiving a certified copy of the findings of the commission authorizing the election, the commissioners court of each county shall have notices of the election posted, in the manner provided for an election to create a single-county district, for not less than 15 nor more than 30 days before the date of the election.

  20. Tex. Water Code Sec. 55.045. MULTI-COUNTY DISTRICT: RULES GOVERNING ELECTION. Except as provided by the succeeding sections, the election shall be held, the returns made and canvassed, and the results declared, as provided in the case of a single-county district.

  21. Tex. Water Code Sec. 55.046. MULTI-COUNTY DISTRICT: ELECTION RETURNS, CANVASS, RESULT.

  22. Tex. Water Code Sec. 55.047. EXCLUSION OF CITY, UNINCORPORATED AREA, OR COUNTY VOTING AGAINST DISTRICT.

  23. Tex. Water Code Sec. 55.048. NAME OF DISTRICT.

  24. Tex. Water Code Sec. 55.049. SURVEY OF DISTRICT BOUNDARIES. Immediately after the directors are qualified, the board shall order a survey of the boundaries of the district to be made according to the boundaries designated in the petition for creation of the district, or the board shall adopt, in whole or in part, the boundaries already established, and order the boundaries marked by suitable monuments.

  25. Tex. Water Code Sec. 55.050. CHAPTER APPLICABLE TO IRRIGATION DISTRICTS. Irrigation districts created under the laws of 1905, 1913, and 1915 (Chapter 50, Acts of the 29th Legislature, 1905; Chapter 172, Acts of the 33rd Legislature, 1913; and Chapter 138, Acts of the 34th Legislature, 1915), are governed by the provisions of this chapter.

  26. Tex. Water Code Sec. 55.051. CHANGE OF DISTRICT NAME.

  27. Tex. Water Code Sec. 55.053. CONVERSION OF ARTICLE III, SECTION 52 DISTRICT TO ARTICLE XVI, SECTION 59 DISTRICT.

  28. Tex. Water Code Sec. 55.101. BOARD OF DIRECTORS. The governing body of a district is a board of five directors.

  29. Tex. Water Code Sec. 55.102. QUALIFICATIONS OF DIRECTORS. To be qualified for election as a director, a person must be a resident of the state, own land subject to taxation in the district, and be at least 18 years of age at the time of the election. Section 49.052 does not apply to a district governed by this chapter whose principal purpose is providing water for irrigation.

  30. Tex. Water Code Sec. 55.103. APPLICATION TO GET ON BALLOT.

  31. Tex. Water Code Sec. 55.107. OPTIONAL CONVERSION TO STAGGERED TERMS.

  32. Tex. Water Code Sec. 55.108. APPOINTMENT OF DIRECTORS IN CERTAIN DISTRICTS.

  33. Tex. Water Code Sec. 55.110. ADDITIONAL BONDS.

  34. Tex. Water Code Sec. 55.161. PURPOSES OF DISTRICT.

  35. Tex. Water Code Sec. 55.163. IMPROVEMENTS: PURCHASE OR CONSTRUCTION. A district may purchase or construct improvements and facilities necessary for irrigation of land in the district, and if operating under Article XVI, Section 59, of the Texas Constitution, improvements and facilities necessary to supply, deliver, and sell water for domestic, power, and commercial purposes.

  36. Tex. Water Code Sec. 55.165. DRAINAGE DITCHES: LEVEES. The board may include in the plans of the district the necessary drainage ditches, or other facilities for drainage, and levees for the protection of land in the district. The district may purchase all or part of any system belonging to a drainage district. However, the purchase contract shall provide for paying or assuming the debts of the drainage district, and the amount of the debts paid or assumed shall be considered in determining the bond-issuing capacity of the district.

  37. Tex. Water Code Sec. 55.166. CONSTRUCTING BRIDGES AND CULVERTS ACROSS AND OVER COUNTY AND PUBLIC ROADS. The district shall build necessary bridges and culverts across and over district canals, laterals, and ditches which cross county or public roads. Funds of the district shall be used to construct the bridges and culverts.

  38. Tex. Water Code Sec. 55.167. CONSTRUCTING CULVERTS AND BRIDGES ACROSS AND UNDER RAILROAD TRACKS AND ROADWAYS.

  39. Tex. Water Code Sec. 55.185. CONTRACT WITH THE UNITED STATES. The board may enter into a contract or other obligation with the United States for the following purposes:

  40. Tex. Water Code Sec. 55.186. PAYMENTS MADE BY A DISTRICT UNDER A CONTRACT WITH THE UNITED STATES.

  41. Tex. Water Code Sec. 55.187. DISTRICT AS FISCAL AGENT FOR UNITED STATES. The board may accept on behalf of the district appointment as the fiscal agent for the United States on any federal reclamation project. As fiscal agent, the district may assume the duties and perform the acts incident to this capacity and shall do anything required by federal statutes and rules and regulations established by any department of the federal government.

  42. Tex. Water Code Sec. 55.188. CONVEYING PROPERTY TO THE UNITED STATES. If the district enters into a contract with the United States, the board may convey to the United States any property which is necessary for constructing, operating, and maintaining improvements for the benefit of the district.

  43. Tex. Water Code Sec. 55.192. ACQUIRING WATER RIGHTS. Any district may acquire water rights in the manner provided by law.

  44. Tex. Water Code Sec. 55.193. SELLING WATER RIGHTS.

  45. Tex. Water Code Sec. 55.194. TRANSFER OF WATER RIGHT. If there is land in a district which has a water right from a source of supply acquired by the district but the land is difficult or impracticable to irrigate from that source of supply, the district may allow transfer of the water right to other land which is adjacent to the district. The adjacent land may be admitted to the district with the same right of water service as other land already in the district.

  46. Tex. Water Code Sec. 55.195. SUPPLYING WATER TO CITIES OUTSIDE THE DISTRICT. When a district acquires an established irrigation system which supplies water to landowners in a city, town, or village which is not included in the district, the district shall continue to supply water to the landowners at a reasonable annual rate.

  47. Tex. Water Code Sec. 55.196. SELLING WATERPOWER PRIVILEGES. The district may enter into a contract to sell waterpower privileges if power can be generated from water flowing from the district's reservoirs and irrigation system. The sale of waterpower privileges may not interfere with the district's obligation to furnish an adequate supply of water for irrigation and for municipal purposes in districts which furnish water for municipal purposes.

  48. Tex. Water Code Sec. 55.197. SELLING SURPLUS WATER. The district may sell to any person who owns or uses land in the vicinity of the district any surplus district water for use in irrigation or for domestic or commercial uses.

  49. Tex. Water Code Sec. 55.198. PUMPING AND DELIVERING WATER TO LAND NEAR DISTRICT. The district may enter into a contract with a person who owns or uses land in the vicinity of the district and who has a permit from the commission to appropriate water for use in irrigation or for domestic or commercial uses to pump or deliver the water to the person's land.

  50. Tex. Water Code Sec. 55.200. SALE OF LAND ACQUIRED BY A DISTRICT FOR OTHER THAN DISTRICT PURPOSES. The district may sell to the highest bidder at a public sale any land acquired by the district through foreclosure of liens for maintenance and operation assessments or acquired by the district for any purpose other than carrying out its plans. The board may use proceeds from the sale for making improvements in the district, for maintenance and operation of the district's system, or for carrying on district business.

  51. Tex. Water Code Sec. 55.201. USE OF EXCESS DISTRICT MONEY. After all district improvements are completed and all expenses are paid, the board may use any remaining money to preserve, maintain, and repair district improvements.

  52. Tex. Water Code Sec. 55.202. BOARD'S SEMIANNUAL REPORT. On the first day of January and July of each year, the board shall make and verify a report which shows in detail the kind, character, and amount of improvements constructed in the district, the cost of the improvements, the amount of each warrant paid, the person to whom each warrant was paid, the purpose for which each warrant was paid, and other data necessary to show the condition of improvements made. The report shall be filed with the county clerk in the county or counties in which the district is located and made available for public inspection.

  53. Tex. Water Code Sec. 55.204. WAIVER OF DISTRICT TORT IMMUNITY. If the board finds that it is in the best interest of the district and that it is necessary to enable the district to enter into a contract to employ Mexican laborers, it may enter into a written contract to waive in advance the district's immunity from liability in damages for personal injuries and sickness which is proximately caused by torts of the district or negligence of agents or employees of the district and which is suffered by Mexican laborers employed by the district under the terms of the Migrant Labor Agreement of 1951 between the United States and Mexico or any subsequent agreement of a similar nature.

  54. Tex. Water Code Sec. 55.241. PURPOSE. The powers granted to the district and its board under this subchapter are for the purpose of helping the district to maintain the purity of district water, to protect the preservation and use of the water, to protect the lives of persons who desire to go on, over, or across the water, and to insure the safety of persons using the water.

  55. Tex. Water Code Sec. 55.242. RULES AND REGULATIONS. The board may make and adopt reasonable rules and regulations which are necessary

  56. Tex. Water Code Sec. 55.243. NOTICE OF RULES AND REGULATIONS.

  57. Tex. Water Code Sec. 55.244. JUDICIAL NOTICE OF RULES AND REGULATIONS. The courts shall take judicial notice of rules and regulations made and adopted under this subchapter. The rules and regulations shall be considered to be similar in nature to valid penal ordinances of a city.

  58. Tex. Water Code Sec. 55.245. CONTRACTS FOR TOLL BRIDGES AND FERRY SERVICES.

  59. Tex. Water Code Sec. 55.246. BOND. The board shall require any person with whom it enters into a contract under Section 55.245 of this code to execute an adequate bond in an amount not to exceed $1,000, payable to the district and conditioned as the board requires.

  60. Tex. Water Code Sec. 55.247. LICENSE, FRANCHISE, AND FEE.

  61. Tex. Water Code Sec. 55.248. CHARGES FOR USE OF TOLL BRIDGE FACILITIES AND FERRY SERVICE. The board may fix a reasonable amount of compensation to be charged by the owner or operator of a toll bridge or a ferry service or other type of transportation service for use of the facilities.

  62. Tex. Water Code Sec. 55.249. REGULATING BOATS.

  63. Tex. Water Code Sec. 55.250. RESPONSIBILITIES OF BOAT OWNERS AND OPERATORS.

  64. Tex. Water Code Sec. 55.251. PEACE OFFICERS. The district may employ and constitute its own peace officers. The peace officers may make arrests when necessary to prevent or abate the commission of an offense against the regulations of the district or state laws if the offense occurs or is about to occur on land or water owned or controlled by the district. Arrests also may be made any place where an offense is being committed which involves injury or detriment to any property owned or controlled by the district.

  65. Tex. Water Code Sec. 55.253. INJUNCTION. In addition to the penalties provided by this subchapter, the district may seek an injunction in a court of competent jurisdiction in the county in which district water is located to enforce the provisions of this subchapter and rules and regulations of the district.

  66. Tex. Water Code Sec. 55.332. DUTIES OF THE ENGINEER. The engineer shall make a complete survey of the land included in the district and make a map and profile of the canals, laterals, reservoirs, dams, and pumping sites located in the district and extending beyond the limits of the district.

  67. Tex. Water Code Sec. 55.333. MAPS.

  68. Tex. Water Code Sec. 55.334. ADOPTING OLD SURVEYS.

  69. Tex. Water Code Sec. 55.335. ADDITIONAL IMPROVEMENTS. If additional improvements of canals, ditches, laterals, reservoirs, or pumping plants are to be constructed, the report shall contain the detailed information with reference to these additional improvements.

  70. Tex. Water Code Sec. 55.336. EXISTING IMPROVEMENTS. If the district contains any pumping plants, canals, dams, ditches, or reservoirs which the district is planning to acquire or purchase, the map or plat and the estimates required in this subchapter shall show these improvements and the price or probable price at which they may be acquired or purchased.

  71. Tex. Water Code Sec. 55.337. SIGNING AND FILING ENGINEER'S REPORT, MAP, AND PROFILE. After the map, profile, specifications, and estimates are completed, the engineer shall sign them and file them with the secretary of the board.

  72. Tex. Water Code Sec. 55.338. MAPS AND DATA UNNECESSARY UNDER CONTRACT WITH UNITED STATES. None of the maps and data prescribed by this subchapter are required under a contract with the United States except for maps and data needed to make assessments and levies.

  73. Tex. Water Code Sec. 55.351. STATEMENT ESTIMATING WATER REQUIREMENTS AND PAYMENT OF CHARGE.

  74. Tex. Water Code Sec. 55.352. BOARD'S ESTIMATE OF MAINTENANCE AND OPERATING EXPENSES. The board, on or as soon as practicable after a date fixed by standing order of the board, shall estimate the expenses of maintaining and operating the district's water delivery system for the next 12 months. The board may change the 12-month period for which it estimates the expenses of maintaining and operating the water delivery system by estimating such expenses for a shorter period so as to adjust to a new fixed date and thereafter estimating the expenses for 12-month periods following the adjusted fixed date.

  75. Tex. Water Code Sec. 55.353. METHODS FOR DETERMINING MAINTENANCE AND OPERATING EXPENSES. The board may make assessments for maintenance and operating expenses as provided in this subchapter on the basis of the quantity of water used.

  76. Tex. Water Code Sec. 55.354. DISTRIBUTION OF ASSESSMENT.

  77. Tex. Water Code Sec. 55.355. NOTICE OF ASSESSMENTS.

  78. Tex. Water Code Sec. 55.356. PAYMENT OF ASSESSMENTS.

  79. Tex. Water Code Sec. 55.357. COLLECTION OF ASSESSMENTS BY TAX ASSESSOR AND COLLECTOR.

  80. Tex. Water Code Sec. 55.358. CONTRACTS WITH PERSON USING IRRIGATION WATER.

  81. Tex. Water Code Sec. 55.359. LIEN AGAINST CROPS.

  82. Tex. Water Code Sec. 55.360. LIST OF DELINQUENT ASSESSMENTS. Assessments imposed under Section 55.354(a) not paid when due shall become delinquent on the first day of the month following the date payment is due, and the board shall keep posted in a public place in the district a correct list of all delinquent assessments. If a person who owes an assessment has executed a note and contract as provided in Section 55.358, the person may not be placed on the delinquent list until after the maturity of the note and contract.

  83. Tex. Water Code Sec. 55.361. WATER SERVICE DISCONTINUED.

  84. Tex. Water Code Sec. 55.362. SUITS FOR DELINQUENT ASSESSMENTS. Suits for delinquent water assessments or other amounts owed to the district under this subchapter may be brought either in the county in which the irrigation district is located or in the county in which the defendant resides. All landowners are personally liable for all assessments imposed under Section 55.354(a).

  85. Tex. Water Code Sec. 55.363. INTEREST AND COLLECTION FEES.

  86. Tex. Water Code Sec. 55.364. RIGHTS OF THE UNITED STATES. If the board enters into a contract with the United States, the remedies in this subchapter available to the district also shall apply to enforce payment of charges due to the United States. The Reclamation Extension Act, approved August 13, 1914, and as amended, and all other federal reclamation laws apply. The directors shall distribute and apportion all water acquired by the district under a contract with the United States in accordance with acts of Congress, rules and regulations of the secretary of the interior, and provisions of the contract.

  87. Tex. Water Code Sec. 55.365. SURPLUS ASSESSMENTS. If assessments made under this subchapter are more than sufficient to pay the necessary expenses of the district, the balance shall be carried over to the next year.

  88. Tex. Water Code Sec. 55.366. INSUFFICIENT ASSESSMENTS. If the assessments made under this subchapter are not sufficient to pay the necessary expenses of the district, the unpaid balance shall be assessed, pro rata, in accordance with the assessments made for the current year. The additional assessments shall be paid under the same conditions and penalties within 30 days from the date of assessment.

  89. Tex. Water Code Sec. 55.367. LAND NOT SUBJECT TO ASSESSMENTS. If a district fails to furnish sufficient water to irrigate land in the district for two years after its organization, the nonirrigated land is relieved of all assessments and charges except taxes until the district constructs the necessary canals and furnishes the necessary water to irrigate the land.

  90. Tex. Water Code Sec. 55.368. LOANS FOR MAINTENANCE AND OPERATING EXPENSES. The board may borrow money to pay maintenance and operating expenses at an interest rate of not more than 10 percent a year and may pledge as security any of its notes or contracts with water users or accounts against them.

  91. Tex. Water Code Sec. 55.369. FIXED CHARGES FOR MAINTENANCE EXPENSES. If maintenance charges are based on the quantity of water used, a fixed charge may be made on all land or water connections entitled to receive and use water. An additional charge may be made, or a graduated scale adopted, for the use of more water than that covered by the minimum charge. The board may install proper measuring devices.

  92. Tex. Water Code Sec. 55.370. CHARGE TO CITIES AND TOWNS. If a district includes a city or town or contracts with a city or town to supply water to it, the charge for the use of water and the time and manner of payment shall be determined by a standing order of the board.

  93. Tex. Water Code Sec. 55.371. AUTHORITY TO DETERMINE RULES AND REGULATIONS. The directors may adopt, alter, and rescind rules, regulations, and standing and temporary orders which do not conflict with the provisions of this chapter and which govern:

  94. Tex. Water Code Sec. 55.401. AUTHORITY OF DISTRICTS WITH MILITARY BASE TO ISSUE BONDS. Any district operating under Article XVI, Section 59, of the Texas Constitution, which contains all or part of a United States military camp or base may issue negotiable revenue bonds to provide funds for acquiring or constructing filtration and pumping equipment, pipelines, and other facilities for supplying water to military camps or bases.

  95. Tex. Water Code Sec. 55.402. BOND ELECTION. The district may issue negotiable revenue bonds with a total par value of not more than $100,000 without the necessity of holding an election, but it may not issue bonds with a total par value of more than $100,000 unless the bond issue is approved at an election held under the law governing bond elections.

  96. Tex. Water Code Sec. 55.403. INTEREST RATE AND MATURITY DATE. Bonds issued under this subchapter shall mature not more than five years after the date of issuance.

  97. Tex. Water Code Sec. 55.404. SECURITY FOR BONDS.

  98. Tex. Water Code Sec. 55.405. APPROVAL; REGISTRATION. After bonds are authorized under this subchapter but before they are issued, the bonds, the resolution of the board authorizing the bonds to be issued, and other certificates and records relating to the issuance of the bonds shall be submitted to the Attorney General of Texas for his examination. The attorney general shall approve the bonds if they are issued in accordance with the provisions of this subchapter and the constitution, and the bonds shall be registered with the comptroller.

  99. Tex. Water Code Sec. 55.406. VALIDITY OF BONDS. After bonds are approved by the attorney general and registered with the comptroller, they shall be held valid and binding in any action, suit, or proceeding in which their validity is questioned. In any action brought to enforce collection of the bonds, the certificate of approval by the attorney general, or a certified copy of the certificate, shall be admitted as evidence of the validity of the bonds. The only defense which can be offered against the validity of the bonds is forgery or fraud.

  100. Tex. Water Code Sec. 55.407. PAYMENT OF BONDS. The holder of bonds issued under the provisions of this subchapter is not entitled to payment of the bonds from funds derived from taxes levied on property in the district.

  101. Tex. Water Code Sec. 55.408. ADVERTISING FOR BIDS. A contract for constructing or acquiring filtration and pumping equipment, pipelines, or other facilities to supply water to military camps or bases may be awarded only after advertising for bids for a period of time to be determined by the board. The advertisement for bids shall be published in a newspaper of general circulation in the district at least one time not less than 10 days before awarding the contract.

  102. Tex. Water Code Sec. 55.421. CONSTRUCTION AND MAINTENANCE FUND. The expenses, debts, and obligations incurred in creating, establishing, and maintaining the district shall be paid from the construction and maintenance fund. The construction and maintenance fund shall consist of money received by the district from the sale of bonds or from other sources provided by this chapter.

  103. Tex. Water Code Sec. 55.422. MAINTENANCE AND OPERATING FUND.

  104. Tex. Water Code Sec. 55.452. ADOPTING METHOD FOR PAYMENT OF DEBTS.

  105. Tex. Water Code Sec. 55.454. INCURRING DEBT WITHOUT VOTER APPROVAL. None of the provisions of this subchapter shall prevent the board from creating any debt or obligation without voter approval if the debt or obligation is created to defray ordinary maintenance and operating expenses or if the debt or obligation is to be retired from current revenues.

  106. Tex. Water Code Sec. 55.455. TAXES ON UNIFORM BASIS.

  107. Tex. Water Code Sec. 55.456. OBTAINING LOAN WHEN BONDS CANNOT BE SOLD. If the district has any bonds which were issued under the provisions of this code but which cannot, in the opinion of the board, be sold on terms which are advantageous to the district, the district may obtain a loan in an amount of not more than the amount of the unsold bonds. The money may be used for any of the purposes for which the bonds were issued, and the bonds may be pledged as a guarantee or assurance that the loan will be paid. The amount of bonds pledged may not exceed the amount of the loan by more than 15 percent.

  108. Tex. Water Code Sec. 55.457. USING REVENUE FROM SALE OF WATER, POWER, AND OTHER SERVICES TO PAY DEBTS.

  109. Tex. Water Code Sec. 55.458. LOAN FUND.

  110. Tex. Water Code Sec. 55.491. BOND ELECTION. After the district is created, the members of the board are qualified, the maps, profiles, specifications, and estimate are filed, and after the assessor and collector has made and returned the assessment roll, the board may order a bond election to be held in the district at the earliest possible legal time.

  111. Tex. Water Code Sec. 55.497. NECESSARY VOTE.

  112. Tex. Water Code Sec. 55.498. ORDERING ISSUANCE OF BONDS. After the vote is canvassed and a favorable result is declared, the board shall make and enter an order authorizing the issuance of bonds or the execution of a contract with the United States.

  113. Tex. Water Code Sec. 55.499. AMOUNT OF BONDS. The bonds shall be sufficient in amount to pay for the proposed improvements together with necessary incidental expenses connected with the improvements, but the amount shall not be more than the amount specified in the order and notice of election. The total amount of the bonds shall include:

  114. Tex. Water Code Sec. 55.500. LIMITATION OF INDEBTEDNESS. In districts organized under Article III, Section 52, of the Texas Constitution, the amount of bonds or the amount of the contract indebtedness with the United States may not be more than one-fourth of the actual assessed value of the real property in the district as shown by an assessment made for this purpose or by the last annual assessment made under this chapter. This limitation does not apply to districts operating under the authority of Article XVI, Section 59, of the Texas Constitution.

  115. Tex. Water Code Sec. 55.501. SPECIAL INTEREST PROCEDURE.

  116. Tex. Water Code Sec. 55.502. FORMAL REQUIREMENTS OF BONDS.

  117. Tex. Water Code Sec. 55.504. SUIT TO DETERMINE VALIDITY OF BONDS OR CONTRACT.

  118. Tex. Water Code Sec. 55.505. NOTICE TO ATTORNEY GENERAL.

  119. Tex. Water Code Sec. 55.507. RIGHT OF PERSONS TO INTERVENE AND PARTICIPATE IN SUIT. At the trial of a validation suit the court may permit persons having an interest in the issues to be determined to intervene and participate in the trial of the issues.

  120. Tex. Water Code Sec. 55.509. JUDGMENT RENDERED.

  121. Tex. Water Code Sec. 55.510. COURT'S DECREE.

  122. Tex. Water Code Sec. 55.513. COUNTY CLERK'S FEES. The county clerk is entitled to receive:

  123. Tex. Water Code Sec. 55.514. SALE OF BONDS.

  124. Tex. Water Code Sec. 55.515. EMERGENCY LOANS AND INTERIM BONDS.

  125. Tex. Water Code Sec. 55.516. TAX LEVY.

  126. Tex. Water Code Sec. 55.517. ADJUSTMENT OF TAX LEVY. The tax which is levied in connection with the original bond issue shall remain in force for that purpose until a new levy is made. The board may, from time to time, increase or diminish the tax for the purpose of adjusting the tax to the taxable values of taxable property in the district and the amount to be collected, and the increase or decrease in the tax shall be sufficient to provide enough money in the interest and sinking fund to make annual payments on outstanding bonds.

  127. Tex. Water Code Sec. 55.518. INTEREST AND SINKING FUND.

  128. Tex. Water Code Sec. 55.519. INVESTMENT OF SINKING FUNDS. The board may invest sinking funds of the district in bonds of the United States, the State of Texas, any county, any incorporated city or town, any independent school district, or any school district authorized to issue bonds, or they may invest the funds in irrigation or water improvement bonds. The board may not purchase any bonds which under their terms would mature subsequent to the maturity date of bonds for which the sinking fund was created.

  129. Tex. Water Code Sec. 55.520. REFUNDING BONDS.

  130. Tex. Water Code Sec. 55.521. REGISTERING REFUNDING BONDS.

  131. Tex. Water Code Sec. 55.522. ISSUING REFUNDING BONDS FOR THE SAME AMOUNT AND WITH THE SAME MATURITY DATE AS THE ORIGINAL BONDS.

  132. Tex. Water Code Sec. 55.523. ISSUING REFUNDING BONDS WHICH PLACE A GREATER BURDEN ON THE DISTRICT. If the district issues refunding bonds for a greater amount, for a greater rate of interest, or for a longer period of maturity than the bonds which they are to replace or if the refunding bonds in any other respect create a greater burden on the district, the district shall submit the question of whether or not it should issue the refunding bonds to the voters of the district.

  133. Tex. Water Code Sec. 55.524. LAW GOVERNING REFUNDING BONDS.

  134. Tex. Water Code Sec. 55.525. LIMITING DISTRICT'S POWER TO INCUR DEBT.

  135. Tex. Water Code Sec. 55.526. NOTICE OF LIMITATION OF DEBT. Once a week for two consecutive weeks in a newspaper published in the district, the board shall publish notice of the adoption of a resolution to limit the district's power to incur debt. The notice shall state that the resolution will take effect unless a petition against the proposed limitation signed by 10 percent of the qualified property taxpaying electors of the district is presented within 30 days after the first publication of notice.

  136. Tex. Water Code Sec. 55.527. LIMITATION ELECTION.

  137. Tex. Water Code Sec. 55.528. OPERATING UNDER A LIMITATION ON POWER TO INCUR DEBT.

  138. Tex. Water Code Sec. 55.529. ISSUING BONDS IN EXCESS OF DEBT LIMITATION.

  139. Tex. Water Code Sec. 55.530. ADDITIONAL PROJECTS FOR THE DISTRICT.

  140. Tex. Water Code Sec. 55.531. ISSUANCE OF ADDITIONAL BONDS.

  141. Tex. Water Code Sec. 55.532. FUNDS TO REPAIR DAMAGED IMPROVEMENTS.

  142. Tex. Water Code Sec. 55.533. PREFERRED LIEN IN FAVOR OF THE UNITED STATES. A lien for the payments due the United States under a contract between the district and the United States under which bonds have not been deposited with the United States shall be a preferred lien to that of any issue of bonds or any series of any issue of bonds subsequent to the date of the contract.

  143. Tex. Water Code Sec. 55.534. DEFAULT IN PAYING PRINCIPAL AND INTEREST ON BONDS BY A DISTRICT OBTAINING ITS WATER SUPPLY FROM THE UNITED STATES.

  144. Tex. Water Code Sec. 55.581. ASSESSMENT AND COLLECTION OF DISTRICT TAXES. The assessor and collector shall assess and collect taxes for the district.

  145. Tex. Water Code Sec. 55.600. TAX OFFICE. For the convenience of district taxpayers, the assessor and collector shall maintain an office with the board. The office shall serve as a place where taxes may be paid.

  146. Tex. Water Code Sec. 55.601. ADDITIONAL DUTIES OF THE ASSESSOR AND COLLECTOR. The board may prescribe other duties for the assessor and collector which duties shall be performed in the manner prescribed in the board's rules and regulations.

  147. Tex. Water Code Sec. 55.604. ASSESSMENT LIENS. Assessments made by the board for maintenance and operation of the district are liens against the land on which the assessments were made and remain liens on the land until the assessments are paid. No law which provides for a period of limitation against actions for debt shall apply under this section, and these debts cannot be barred by limitation.

  148. Tex. Water Code Sec. 55.620. GENERAL POWERS AND REGULATIONS.

  149. Tex. Water Code Sec. 55.651. ELECTION TO DETERMINE METHOD OF TAXATION.

  150. Tex. Water Code Sec. 55.652. ASSESSMENT RECORD. When necessary, the board shall apportion and assess the benefits conferred on property in the district and shall make a record showing the amount and value of benefits to accrue on property in the district and the amount of taxes to be levied and collected on the property. No taxes assessed or adjudged against the property may be more than the benefit which accrues to the property from the organization, operation, and maintenance of the district and its improvements.

  151. Tex. Water Code Sec. 55.653. NOTICE OF TAXES. After the board makes the record specified in Section 55.652 of this code, the board shall mail to each property owner whose name appears in the record, notice of the amount of taxes levied on his property and the date and place at which the property owner may appear and contest the correctness and equitableness of the tax.

  152. Tex. Water Code Sec. 55.654. DECISION AFTER HEARING. After the hearing, the board shall determine whether or not the tax is equitable and shall sustain, reduce, or increase the tax to an amount which in the board's judgment is equitable.

  153. Tex. Water Code Sec. 55.655. APPLICABLE LAW. The provisions of this chapter relating to levy, assessment, and collection of taxes which are not inconsistent with the provisions of this subchapter shall apply.

  154. Tex. Water Code Sec. 55.656. DISTRICTS ADOPTING BENEFIT PLAN OF TAXATION. In any district other than a district operating under a contract with the United States which is operating under the provisions of Article XVI, Section 59, of the Texas Constitution, and which adopted the assessment of benefit plan of taxation, tax values shall be fixed, levied, assessed, equalized, and collected in the manner provided in Sections 55.657-55.669 of this code.

  155. Tex. Water Code Sec. 55.657. COMMISSIONERS OF APPRAISEMENT. As soon as practicable after the approval of the engineer's report and the adoption of the plan for improvements to be constructed, the board shall appoint three disinterested commissioners of appraisement. The commissioners shall be freeholders but not owners of land within the district which they represent.

  156. Tex. Water Code Sec. 55.658. COMPENSATION OF COMMISSIONERS. On approval by the board, each commissioner is entitled to receive $10 a day for each day he actually serves, plus all necessary expenses.

  157. Tex. Water Code Sec. 55.659. NOTICE OF APPOINTMENT AND MEETING. Immediately after the commissioners of appraisement are appointed, the secretary of the board shall give written notice to each appointee of his appointment and of the time and place of the first meeting of the commissioners.

  158. Tex. Water Code Sec. 55.660. FIRST MEETING OF COMMISSIONERS.

  159. Tex. Water Code Sec. 55.661. ASSISTANCE FOR COMMISSIONERS. Within 30 days after the commissioners qualify and organize, they shall begin to perform their duties, and in the exercise of their duties, they may obtain legal advice and information relative to their duties from the district's attorney and, if necessary, may require the presence of the district engineer or one of his assistants at any time and for as long as necessary to properly perform their duties.

  160. Tex. Water Code Sec. 55.662. VIEWING LAND AND OTHER PROPERTY AND IMPROVEMENTS IN DISTRICT. The commissioners shall view the land in the district which will be affected by the district's reclamation plans and the public roads, railroads, rights-of-way, and other property and improvements located in the district and shall assess the amount of the benefits and damages that will accrue to the land, roads, railroads, rights-of-way, or other property or improvements in the district from the construction of the improvements.

  161. Tex. Water Code Sec. 55.663. COMMISSIONERS REPORT.

  162. Tex. Water Code Sec. 55.664. NOTICE OF HEARING.

  163. Tex. Water Code Sec. 55.665. HEARING.

  164. Tex. Water Code Sec. 55.666. WITNESSES AT THE HEARING. At the hearing, interested parties not only may appear in person or by attorney, but are entitled, on demand, to have the chairman of the commissioners issue process for witnesses. The commissioners shall have the same power as a court of record to enforce the attendance of witnesses.

  165. Tex. Water Code Sec. 55.667. COSTS OF HEARING. The commissioners may adjudge and apportion the cost of the hearing in any manner they consider equitable.

  166. Tex. Water Code Sec. 55.668. COMMISSIONERS' DECREE.

  167. Tex. Water Code Sec. 55.669. EFFECT OF FINAL JUDGMENT AND DECREE. The final judgment and decree of the commissioners shall form the basis for all taxation in the district. Taxes shall be apportioned and levied on each tract of land and other real property in the district in proportion to the net benefits to the land or other property stated in the final judgment and decree.

  168. Tex. Water Code Sec. 55.670. FIXING TAX AS EQUAL SUM ON EACH ACRE. At the election at which the plan of taxation is determined or at any other time before the bonds are issued, the voters of a district which is not operating under a contract with the United States may vote on the proposition of whether or not benefits for tax purposes shall be fixed as an equal sum on each acre of land that is irrigated or to be irrigated by gravity flow from the canal system of the district. The benefit per acre shall be voted on as it is applied to land in the district that can be irrigated by gravity flow from the irrigation system and also the benefit to land in the district that cannot be irrigated by gravity flow.

  169. Tex. Water Code Sec. 55.671. ELECTION.

  170. Tex. Water Code Sec. 55.672. EXCLUDING NONIRRIGABLE LAND FROM DISTRICT. If the owner of land which is classed as nonirrigable under the uniform acreage valuation objects to the amount of charges fixed against him by the order calling the election or by the result of the election, he may have his nonirrigable land excluded from the district by filing an application for exclusion as provided by law within 10 days after the election is held.

  171. Tex. Water Code Sec. 55.673. SETTING ANNUAL VALUE OF LAND UNNECESSARY. If the district adopts the uniform acreage valuation for taxation, the valuation shall be applied to all land in the district, and it is not necessary to annually fix the value of the land. It is also unnecessary for the board to appoint a commission to ascertain or fix the value of the improvement to particular land.

  172. Tex. Water Code Sec. 55.674. PREPARING TAX ROLLS.

  173. Tex. Water Code Sec. 55.676. LAW GOVERNING ADMINISTRATION OF BENEFIT TAX PLAN. In a district that levies taxes on a benefit basis, the rate of taxation and the assessment and collection of taxes shall be governed by the law relating to ad valorem taxes to the extent applicable.

  174. Tex. Water Code Sec. 55.677. IRRIGATING NONIRRIGABLE LAND. If land which is classed as nonirrigable is later irrigated by the district, before the owner of the land receives the water, he shall pay to the district an amount equal to the entire amount that would have been charged to the owner if the land had been originally classed as irrigable.

  175. Tex. Water Code Sec. 55.721. EXCLUSION OF NONAGRICULTURAL AND NONIRRIGABLE LAND FROM DISTRICT. Land located in the district which is classified as nonagricultural and nonirrigable may be excluded from the district in the manner provided in Subchapter J, Chapter 49.

  176. Tex. Water Code Sec. 55.750. CONSOLIDATION OF DISTRICTS. Two or more districts governed by the provisions of this chapter may consolidate into one district as provided by Sections 55.751-55.754.

  177. Tex. Water Code Sec. 55.751. ELECTIONS TO APPROVE CONSOLIDATION.

  178. Tex. Water Code Sec. 55.752. GOVERNING CONSOLIDATED DISTRICTS.

  179. Tex. Water Code Sec. 55.753. DEBTS OF ORIGINAL DISTRICTS.

  180. Tex. Water Code Sec. 55.754. TAXES OF THE ORIGINAL DISTRICT.

  181. Tex. Water Code Sec. 55.755. EXCLUSION OF CERTAIN NONIRRIGATED LAND. If a district is principally engaged in providing water for agricultural irrigation or the primary purpose of the district is to provide water for agricultural irrigation, the board may exclude from the district land that is not being irrigated as provided by Sections 51.759 through 51.766. This section applies only to land that is eligible for exclusion under Section 51.759.

  182. Tex. Water Code Sec. 55.801. FAILURE TO FUNCTION. Subject to the provisions of Sections 50.251-50.256 of this code, if any district does not begin to acquire the necessary canals, ditches, flumes, laterals, reservoirs, sites, damsites, pumping plants, or other things necessary to the successful operation of the district or does not diligently pursue the purposes for which it was created within two years after its organization, the district may be dissolved without formal action.

  183. Tex. Water Code Sec. 55.802. RIGHTS OF DEBTORS IF DISTRICT FAILED TO FUNCTION. Any person with an interest in the district or a debt owed by the district may collect the debt in the manner provided for the collection of a debt due by any person, association of persons, or corporation. A court of competent jurisdiction may render judgment making the debt a lien against the property of the district and providing for the payment of the debt and judgment in the manner that a judgment for debt is enforced against a city or town that has been dissolved.

  184. Tex. Water Code Sec. 55.803. DISSOLUTION USING PROCEDURE FOR ORGANIZATION OF DISTRICTS. If all debts and obligations of the district have been paid and discharged, a district may dissolve voluntarily by the same vote and in the same manner provided in this chapter for the organization of districts. The election shall be held in the manner provided in this chapter for holding elections in the district.

  185. Tex. Water Code Sec. 55.804. DISSOLUTION USING PROCEDURE FOR ABOLITION OF DISTRICTS IN CHAPTER 56. A district may dissolve voluntarily in the manner provided for the dissolution of districts in Chapter 56 of this code, and the provisions in that chapter shall control the abolition of the district and the legal consequences of abolition.

  186. Tex. Water Code Sec. 55.805. PAYMENT OF DEBTS ON DISSOLUTION OF DISTRICT.

Chapter 56

  1. Tex. Water Code Sec. 56.001. DEFINITIONS. In this chapter:

  2. Tex. Water Code Sec. 56.011. CREATION OF DISTRICT. A drainage district may be created in the manner prescribed by this subchapter, either under and subject to the limitations of Article III, Section 52, of the Texas Constitution, or under Article XVI, Section 59, of the Texas Constitution.

  3. Tex. Water Code Sec. 56.012. NAME OF EACH DISTRICT. The name of each district shall include the name of the county in which it is located and each district shall be numbered in consecutive order.

  4. Tex. Water Code Sec. 56.013. AREA INCLUDED IN A DISTRICT. A district may include all or part of any village, town, or municipal corporation, but land included in one district may not be included in any other drainage district.

  5. Tex. Water Code Sec. 56.014. PETITION.

  6. Tex. Water Code Sec. 56.015. DEPOSIT.

  7. Tex. Water Code Sec. 56.016. TIME OF HEARING. At the same meeting at which the petition is presented, the commissioners court shall schedule a hearing on the petition at a regular or special meeting of the commissioners court. The hearing must be held during the period beginning on the 30th day and ending with the 60th day after the day the petition is presented.

  8. Tex. Water Code Sec. 56.017. NOTICE.

  9. Tex. Water Code Sec. 56.018. HEARING ON THE PETITION. At the hearing on the petition, any person whose land would be affected by creating the district may appear before the commissioners court and may contest the creation of the district or contend for its creation. The person may offer testimony to show that the district is or is not necessary and would or would not be a public utility and that creating the district would or would not be feasible or practicable.

  10. Tex. Water Code Sec. 56.019. FINDINGS.

  11. Tex. Water Code Sec. 56.020. ENGINEER.

  12. Tex. Water Code Sec. 56.021. ENGINEER'S BOND. The engineer shall execute a bond for $500 with two or more sureties approved by the commissioners court, payable to the county judge for the use and benefit of the district, conditioned on the faithful performance of his duties under this chapter.

  13. Tex. Water Code Sec. 56.022. SURVEY AND PRELIMINARY PLANS.

  14. Tex. Water Code Sec. 56.023. MAP.

  15. Tex. Water Code Sec. 56.024. HEARING ON PRELIMINARY REPORT.

  16. Tex. Water Code Sec. 56.025. CHANGING THE PRELIMINARY REPORT.

  17. Tex. Water Code Sec. 56.026. ADOPTING THE PRELIMINARY REPORT. If there are no objections to the preliminary report or if the commissioners court finds that objections to the report are not valid, the report shall be approved and the approval entered in the minutes.

  18. Tex. Water Code Sec. 56.032. AUTHORIZING EXISTING DISTRICTS TO OPERATE UNDER ARTICLE XVI, SECTION 59, OF THE TEXAS CONSTITUTION.

  19. Tex. Water Code Sec. 56.033. ALTERNATE PROCEDURE FOR CREATION.

  20. Tex. Water Code Sec. 56.061. CREATION OF BOARD.

  21. Tex. Water Code Sec. 56.062. ELIGIBILITY REQUIREMENTS FOR DIRECTORS. To be eligible to serve as a director, a person must satisfy the requirements of Section 141.001(a), Election Code.

  22. Tex. Water Code Sec. 56.064. ELECTION OF DIRECTORS.

  23. Tex. Water Code Sec. 56.0641. ELECTION PROCEDURES.

  24. Tex. Water Code Sec. 56.0642. APPLICABILITY TO SPECIAL LAW DISTRICTS. Subsection

  25. Tex. Water Code Sec. 56.069. TRANSFER OF BOARD'S POWER TO COMMISSIONERS COURT.

  26. Tex. Water Code Sec. 56.082. HEARING; POWERS OF THE COMMISSIONERS COURT.

  27. Tex. Water Code Sec. 56.111. CONTROL AND REPAIR OF DISTRICT IMPROVEMENTS. The board may control and supervise the construction and maintenance of canals, drains, ditches and levees, and other improvements of the district and shall keep them in repair.

  28. Tex. Water Code Sec. 56.115. DUTIES OF THE ENGINEER.

  29. Tex. Water Code Sec. 56.116. MAPS AND ESTIMATES.

  30. Tex. Water Code Sec. 56.120. RAILROAD CULVERTS.

  31. Tex. Water Code Sec. 56.121. ROAD CULVERTS. The board shall build necessary bridges and culverts across or over canals, drains, ditches, laterals, and levees which cross a county or public road and shall pay for the construction with funds of the district.

  32. Tex. Water Code Sec. 56.122. CONSTRUCTING BRIDGES AND CULVERTS IN CERTAIN COUNTIES.

  33. Tex. Water Code Sec. 56.123. CHANGE IN PLANS WITHOUT ADDITIONAL EXPENDITURES.

  34. Tex. Water Code Sec. 56.124. CHANGE IN PLANS WITH ADDITIONAL EXPENDITURES.

  35. Tex. Water Code Sec. 56.125. ADDITIONAL IMPROVEMENTS.

  36. Tex. Water Code Sec. 56.126. CHANGES, ADDITIONS, AND IMPROVEMENTS. When the board determines that a necessity exists, it may make changes in, additions to, and improvements in the drainage system of the district and shall pay for the changes, additions, and improvements with funds collected under the provisions of Section 56.242 of this code.

  37. Tex. Water Code Sec. 56.128. INJURING DRAINAGE CANAL OR DITCH. Any person who wilfully fills up, cuts, injures, destroys, or impairs the usefulness of any canal, drain, ditch, watercourse, or other work constructed, repaired, or improved by a district to drain and protect from overflow of water, upon conviction is punishable by confinement in the county jail for not more than two months or by a fine of not more than $1,000.

  38. Tex. Water Code Sec. 56.135. INTEREST IN DRAINAGE CONTRACT. A county judge, county commissioner, director of the board, or drainage engineer who becomes interested in any contract for construction of any work by the district or in any fee paid by the district from which he will receive money, consideration, or other thing of value, upon conviction is punishable by confinement in the county jail for not less than six months nor more than one year.

  39. Tex. Water Code Sec. 56.140. PUBLIC AND PRIVATE IMPROVEMENTS.

  40. Tex. Water Code Sec. 56.141. OUTSIDE DRAINS.

  41. Tex. Water Code Sec. 56.142. ENLARGEMENT OF CANALS, DRAINS, AND OTHER OUTLETS.

  42. Tex. Water Code Sec. 56.143. CONTRACT FOR IMPROVEMENTS WITH THE UNITED STATES.

  43. Tex. Water Code Sec. 56.144. INTERLOCAL AGREEMENTS. A district created pursuant to this chapter, special law or other general law may enter into an interlocal agreement with another political subdivision to accomplish the purposes set forth in Article III, Sections 52(b)(1), (2), and (3), of the Texas Constitution. In the event the jurisdictional boundaries of two or more districts or political subdivisions contain all or part of the same watershed of a waterway and one or more of the other districts or political subdivisions determines that the construction of improvements in the watershed would be a public benefit and accomplish the purposes set forth in Article III, Sections 52(b)(1), (2), and (3), of the Texas Constitution, the district or political subdivision shall propose an interlocal agreement to the governing bodies of the other districts or political subdivisions sharing jurisdiction within the watershed. If an interlocal agreement is not executed within 120 days from the date it is submitted to all of the districts and political subdivisions sharing jurisdiction within the watershed, the district or political subdivision proposing the improvements may petition the commission for approval of the proposed improvements. The commission shall conduct a hearing on the proposed improvements and upon a finding that the improvements would be a public benefit, shall approve the plan for the improvements, and the district or political subdivision proposing the improvements shall be authorized to implement the plan within the boundaries of the other district or political subdivision.

  44. Tex. Water Code Sec. 56.182. DISTRICT FUNDS.

  45. Tex. Water Code Sec. 56.201. AUTHORITY TO ISSUE BONDS. Any district may issue bonds as provided in this chapter to pay for drainage improvements.

  46. Tex. Water Code Sec. 56.202. ISSUANCE OF BONDS. When maps, profiles, and estimates are filed, the board shall issue an order directing the issuance of bonds sufficient to pay for proposed improvements together with necessary, actual, and incidental expenses. The bonds may not be issued in an amount greater than the amount specified in the order and notice of election, and in districts operating under Article III, Section 52, of the Texas Constitution, the bonds may not be issued in an amount greater than one-fourth of the assessed valuation of the real property of the district.

  47. Tex. Water Code Sec. 56.203. RECORD BOOK FOR BONDS.

  48. Tex. Water Code Sec. 56.204. BONDS: REQUISITES.

  49. Tex. Water Code Sec. 56.205. BONDS: APPROVAL.

  50. Tex. Water Code Sec. 56.207. BONDS: SALE.

  51. Tex. Water Code Sec. 56.209. USE OF UNSOLD BONDS FOR MAINTENANCE PURPOSES. If any bonds remain unsold which are not required to complete improvements, the board may enter its consent on the public record to sell the bonds and place the proceeds in the construction and maintenance fund for use in accomplishing the purposes stated in Section 56.242 of this code.

  52. Tex. Water Code Sec. 56.210. REFUNDING BONDS.

  53. Tex. Water Code Sec. 56.211. REFUNDING BOND ELECTION.

  54. Tex. Water Code Sec. 56.212. APPROVAL AND ISSUANCE OF REFUNDING BONDS.

  55. Tex. Water Code Sec. 56.213. TAX ANTICIPATION NOTES; BOND ANTICIPATION NOTES.

  56. Tex. Water Code Sec. 56.241. LEVY OF TAXES TO PAY FOR BONDS. After bonds are authorized at an election, the board shall have taxes annually assessed and collected on all property in the district sufficient to pay interest and principal on the bonds. Taxes collected under this section shall be placed in the interest and sinking fund.

  57. Tex. Water Code Sec. 56.242. MAINTENANCE TAX.

  58. Tex. Water Code Sec. 56.247. LEVYING TAXES ON THE BENEFIT BASIS. A district operating under Article XVI, Section 59, of the Texas Constitution, may levy taxes on the benefit basis, which means the levy of a tax on an equal or uniform basis or rate on each acre of land in the district.

  59. Tex. Water Code Sec. 56.248. AUTHORIZING TAXATION ON THE BENEFIT BASIS FOR NEWLY CREATED DISTRICTS.

  60. Tex. Water Code Sec. 56.249. AUTHORIZING TAXATION ON THE BENEFIT BASIS FOR EXISTING DISTRICT.

  61. Tex. Water Code Sec. 56.250. LAW GOVERNING DISTRICTS LEVYING TAXES ON THE BENEFIT BASIS. A district that levies taxes on the benefit basis is governed by the provisions of this chapter. However, the rate of taxation and the assessment and collection of taxes is governed by the law relating to ad valorem taxes to the extent applicable and not inconsistent with this chapter.

  62. Tex. Water Code Sec. 56.251. DETERMINING ACREAGE IN THE DISTRICT.

  63. Tex. Water Code Sec. 56.291. AUTHORITY TO DISSOLVE A DISTRICT. Subject to the provisions of Sections 50.251-50.256 of this code, a district created under this chapter may be dissolved as provided in this subchapter.

  64. Tex. Water Code Sec. 56.292. PETITION. At a regular meeting of the board, any resident freehold taxpayer of the district may present a petition signed by at least five percent of the qualified voters of the district, or if there are fewer than 100 resident freehold taxpayers in the district, then by one-third of the resident freehold taxpayers requesting the dissolution of the district, and on verification of the petition signatures, the board shall order an election to be held in the district at the earliest legal time to determine whether or not the district should be dissolved.

  65. Tex. Water Code Sec. 56.293. DEPOSIT.

  66. Tex. Water Code Sec. 56.294. ELECTION.

  67. Tex. Water Code Sec. 56.295. RESULT OF THE ELECTION.

  68. Tex. Water Code Sec. 56.296. SETTLEMENT OF DEBTS.

  69. Tex. Water Code Sec. 56.297. DISSOLUTION TAX.

  70. Tex. Water Code Sec. 56.299. RETIREMENT OF BONDS. If there are outstanding bonds at the time the district is dissolved, the commissioners court may immediately enter into negotiations with the bondholders to retire the bonds before maturity, and if under their terms or by agreement between the commissioners court and the bondholders, the bonds can be retired at an earlier date than appears on their face and if the commissioners court considers retirement to be feasible and practicable, an agreement may be made by the commissioners court providing for paying and retiring the bonds.

  71. Tex. Water Code Sec. 56.300. TRUSTEE. On filing and approval of a bond, the county treasurer becomes the trustee for the dissolved district.

  72. Tex. Water Code Sec. 56.301. TRUSTEE'S BOND. The county treasurer shall execute a good and sufficient bond in a sum to be determined by the commissioners court, payable to and approved by the county judge, conditioned on the faithful performance of his duties as treasurer and trustee of the district and on paying to the parties entitled to it all money and other property which he receives as trustee and treasurer. The bond shall be recorded in the minutes of the commissioners court, and on approval shall supersede the bond given by the county treasurer as treasurer of the district.

  73. Tex. Water Code Sec. 56.302. TRUSTEE'S COMPENSATION.

  74. Tex. Water Code Sec. 56.303. POWERS OF THE TRUSTEE.

  75. Tex. Water Code Sec. 56.304. EXPENSES OF THE TRUSTEE.

  76. Tex. Water Code Sec. 56.305. PRESENTATION OF CLAIMS.

  77. Tex. Water Code Sec. 56.306. APPROVAL OF CLAIM.

  78. Tex. Water Code Sec. 56.307. APPEAL. If any claimant is not satisfied with the judgment of the commissioners court, he may appeal the judgment in the manner that cases are appealed from the justice court.

  79. Tex. Water Code Sec. 56.308. REJECTION OF CLAIM.

  80. Tex. Water Code Sec. 56.309. BONDS AND APPROVED CLAIMS. Bonds and approved claims which were outstanding debts of the district before its dissolution are valid and subsisting claims against the district without further approval under this subchapter, but they are subject to contest according to the provisions of this subchapter.

  81. Tex. Water Code Sec. 56.310. CONTESTING CLAIM.

  82. Tex. Water Code Sec. 56.311. FINAL REPORT OF TRUSTEE.

  83. Tex. Water Code Sec. 56.751. PETITION FOR ANNEXATION. The landowners of a defined area of territory not included in a district may file with the secretary of the board a petition requesting an election on the inclusion of the territory in a district. The petition must:

  84. Tex. Water Code Sec. 56.752. HEARING ON DETERMINATION OF PETITION.

  85. Tex. Water Code Sec. 56.753. NOTICE OF HEARING.

  86. Tex. Water Code Sec. 56.754. ELECTIONS TO APPROVE ANNEXATION OF TERRITORY.

  87. Tex. Water Code Sec. 56.755. NOTICE AND PROCEDURE OF ELECTION. The notice of the election, the manner and the time of giving the notice, the manner of holding the election, and qualifications of the voters are governed by Subchapter E, Chapter 58.

  88. Tex. Water Code Sec. 56.756. LIABILITY OF ADDED TERRITORY. The added territory shall bear its pro rata part of all indebtedness or taxes that may be owed, contracted, or authorized by the district to which it is added.

  89. Tex. Water Code Sec. 56.801. CONSOLIDATION OF DISTRICTS. Two or more districts governed by this chapter may consolidate into one district as provided by this subchapter.

  90. Tex. Water Code Sec. 56.802. CONSOLIDATION BY AGREEMENT.

  91. Tex. Water Code Sec. 56.803. CONSOLIDATION BY PETITION.

  92. Tex. Water Code Sec. 56.804. TIME OF HOLDING ELECTION; COST OF ELECTION.

  93. Tex. Water Code Sec. 56.805. BALLOT. The ballot in the election shall be printed to permit voting for or against the proposition: "Consolidation of __________ (names of districts to be consolidated) into a single drainage district."

  94. Tex. Water Code Sec. 56.806. CANVASS; RESULT.

  95. Tex. Water Code Sec. 56.807. GOVERNING CONSOLIDATED DISTRICTS; ELECTION OF DIRECTORS.

  96. Tex. Water Code Sec. 56.808. TITLE TO PROPERTY; ASSUMPTION OF DEBT.

  97. Tex. Water Code Sec. 56.809. UNEXPENDED BOND PROCEEDS. Any money received from the sale of bonds by a consolidating district that has not been spent before the date of consolidation may be spent by the consolidated district only on the project for which the bonds were issued.

  98. Tex. Water Code Sec. 56.810. FISCAL YEAR; BUDGET.

Chapter 57

  1. Tex. Water Code Sec. 57.001. DEFINITIONS. In this chapter:

  2. Tex. Water Code Sec. 57.011. CREATION. A levee improvement district may be created in the manner prescribed by this chapter under Article XVI, Section 59, of the Texas Constitution.

  3. Tex. Water Code Sec. 57.012. PETITION.

  4. Tex. Water Code Sec. 57.013. DEPOSIT.

  5. Tex. Water Code Sec. 57.014. HEARING ON PETITION. The commissioners court or the county judge to which the petition is presented shall fix a time and place for the hearing on the petition before the commissioners court. The hearing must be held during the period beginning with the 15th day and ending with the 30th day after the date of the order.

  6. Tex. Water Code Sec. 57.015. NOTICE OF HEARING.

  7. Tex. Water Code Sec. 57.016. INVESTIGATION BY EXECUTIVE DIRECTOR.

  8. Tex. Water Code Sec. 57.017. HEARING PROCEDURE.

  9. Tex. Water Code Sec. 57.018. CONDUCT OF HEARING. At the hearing, the commissioners court shall hear the petition and all issues with respect to the creation of the proposed district. Any person interested, or his attorney, may appear and contend for or contest the creation of the district and offer testimony pertinent to any issue presented.

  10. Tex. Water Code Sec. 57.019. FINDINGS AND JUDGMENT.

  11. Tex. Water Code Sec. 57.020. APPEAL OF DISMISSAL OF PETITION. If at the hearing on the petition the commissioners court enters an order dismissing the petition, the petitioners or any one of them or any taxpayer in the district may appeal the order to the district court of the county.

  12. Tex. Water Code Sec. 57.021. NOTICE OF APPEAL.

  13. Tex. Water Code Sec. 57.022. APPEAL BOND. Within five days from the date the order is recorded, the appellant must file an appeal bond with two or more good and sufficient sureties, payable to the county judge, approved by the county clerk, and conditioned upon the due prosecution of the appeal and payment of all costs incident to the appeal. No extension of time will be granted for filing the appeal bond.

  14. Tex. Water Code Sec. 57.023. TIME FOR APPEAL. Unless the appeal is perfected according to Sections 57.021-57.022 of this code within five days after the order is rendered, the order shall be final and conclusive.

  15. Tex. Water Code Sec. 57.024. TRANSFER OF RECORDS AND ORDERS. Within five days after the appeal bond is filed, the county clerk must transfer to the clerk of the district court all the records filed with the commissioners court which relate to the establishment of the district and a transcript of the orders of the commissioners court. No additional pleadings are required.

  16. Tex. Water Code Sec. 57.025. TRIAL OF APPEAL AND JUDGMENT.

  17. Tex. Water Code Sec. 57.026. AUTHORIZING DISTRICTS TO OPERATE UNDER THIS CHAPTER.

  18. Tex. Water Code Sec. 57.051. APPOINTMENT OF BOARD OF DIRECTORS.

  19. Tex. Water Code Sec. 57.053. VACANCY AND REMOVAL.

  20. Tex. Water Code Sec. 57.057. ELECTION OF BOARD OF DIRECTORS. After creation of a district, an election may be held to determine whether or not directors for the district will be elected rather than appointed.

  21. Tex. Water Code Sec. 57.058. NUMBER OF ELECTED DIRECTORS; TERMS. In districts which have elected boards, there shall be five directors on the board. The initial elected directors shall draw lots to determine which two initial directors serve two-year terms and which three initial directors serve four-year terms. In countywide districts, one director shall be elected by the electors of the entire district and one director elected from each county commissioners precinct by the electors of that precinct. In other districts, all five directors shall be elected from precincts within the district to be established by the commissioners court.

  22. Tex. Water Code Sec. 57.059. QUALIFICATIONS FOR DIRECTORS. To be qualified to serve as a director, a person must:

  23. Tex. Water Code Sec. 57.060. PETITION. Before an election is held under Section 57.057, a petition, signed by the greater of at least 10 percent of the total number of electors or 100 electors in the district who are qualified to vote, shall be presented to the district requesting that an election be held in the district to determine whether or not directors for the district should be elected. If the results of an election held under Section 57.057 determine that directors will be elected, the current directors continue to serve until the elected directors qualify to take office.

  24. Tex. Water Code Sec. 57.061. PROCEDURE FOR ELECTION. After the petition is presented under Section 57.060, the board shall order an election.

  25. Tex. Water Code Sec. 57.091. PURPOSES OF DISTRICT. A district may be created for the following purposes:

  26. Tex. Water Code Sec. 57.092. GENERAL POWERS OF DISTRICT.

  27. Tex. Water Code Sec. 57.093. ADOPTING RULES AND REGULATIONS. A district may adopt and enforce reasonable rules and regulations to:

  28. Tex. Water Code Sec. 57.100. CONSTRUCTION OF LEVEES.

  29. Tex. Water Code Sec. 57.101. CONSTRUCTION OF LEVEES BY RAILROAD COMPANIES AND OTHER AUTHORITIES.

  30. Tex. Water Code Sec. 57.103. INJURING LEVEES. A person who wrongfully or purposely cuts, injures, destroys, or in any manner impairs the usefulness of a levee or other reclamation improvement, is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $100 nor more than $1,000 or by confinement in the county jail for not more than one year or by both.

  31. Tex. Water Code Sec. 57.104. CONSTRUCTION OF IMPROVEMENTS. The district may construct all improvements necessary or convenient to accomplish the purposes of the district.

  32. Tex. Water Code Sec. 57.108. CONDITIONS OF CONTRACT.

  33. Tex. Water Code Sec. 57.111. CONDITIONING CONTRACT ON SALE OF BONDS. After the approval and registration of bonds by the proper state officials as provided in this chapter, the board may award contracts conditioned on the sale of bonds in an amount equal to the contract price.

  34. Tex. Water Code Sec. 57.116. ENGINEER'S CONSTRUCTION REPORT.

  35. Tex. Water Code Sec. 57.117. INSPECTION AND REPORT BY EXECUTIVE DIRECTOR.

  36. Tex. Water Code Sec. 57.118. COMPLIANCE WITH CONTRACT. After the board receives a report that the contractor has failed to comply with the contract, it shall demand that the contractor comply with the requirements of the contract at his own expense, and no further accounts, claims, or vouchers submitted by the contractor shall be approved or paid until the contractor complies with the requirements of the executive director by constructing the improvement in accordance with the contract.

  37. Tex. Water Code Sec. 57.121. INTERPRETATION OF DISTRICT POWERS. Except as expressly provided, specific powers authorized by this chapter may not operate as a limitation on the general powers authorized by this chapter.

  38. Tex. Water Code Sec. 57.151. AUTHORITY OF ENGINEER. The engineer, subject to the authority of the commission, shall control the engineering work of the district.

  39. Tex. Water Code Sec. 57.154. SURVEY AND REPORT.

  40. Tex. Water Code Sec. 57.155. CONTENTS OF REPORT.

  41. Tex. Water Code Sec. 57.177. FINANCING THE DISTRICT WITHOUT BONDS.

  42. Tex. Water Code Sec. 57.178. DISBURSEMENT OF DISTRICT MONEY. The board by resolution may allow:

  43. Tex. Water Code Sec. 57.201. POWER TO ISSUE BONDS. The district may issue bonds, but it may not issue bonds nor incur any debt unless an election is held in the district and the proposition is approved by a majority vote of the electors of the district who vote in the election.

  44. Tex. Water Code Sec. 57.207. DECLARING RESULT OF ELECTION. The board shall enter an order declaring the election result in its minutes.

  45. Tex. Water Code Sec. 57.208. ISSUANCE OF BONDS.

  46. Tex. Water Code Sec. 57.212. BOND RECORD.

  47. Tex. Water Code Sec. 57.213. REFUNDING BONDS.

  48. Tex. Water Code Sec. 57.2131. ALTERNATIVE METHODS OF ISSUING REFUNDING BONDS.

  49. Tex. Water Code Sec. 57.214. ISSUANCE OF REFUNDING BONDS WITHOUT AN ELECTION. A district which is converted under Article XVI, Section 59, of the Texas Constitution, may issue refunding bonds without the approval of the electors under the provisions of Section 56.210 of this code.

  50. Tex. Water Code Sec. 57.215. INVESTMENT OF SINKING FUND. The board or commissioners court of jurisdiction may invest the district's sinking funds in county, municipal, district, or other bonds in which other sinking funds may by law be invested and also may invest the sinking funds in bonds of the series to which the funds apply if the bonds are offered for redemption before maturity on terms considered advantageous to the district.

  51. Tex. Water Code Sec. 57.216. PROVIDING FOR ADDITIONAL FUNDS.

  52. Tex. Water Code Sec. 57.217. ELIGIBILITY OF DISTRICT BONDS FOR INVESTMENTS AND PUBLIC FUNDS. A district's bonds, when certified and approved by the attorney general and registered by the comptroller as herein provided, shall be legal and authorized investments for all banks, trust companies, building and loan associations, savings and loan associations, insurance companies of all kinds and types, fiduciaries, and trustees and for all interest and sinking funds and other public funds of the State of Texas and all agencies, subdivisions, and instrumentalities of the state, including all counties, cities, towns, villages, school districts, and all other kinds and types of districts, public agencies, and bodies politic. A district's bonds shall be eligible and lawful security for all deposits of public funds of the State of Texas and all agencies, subdivisions, and instrumentalities of the state, including all counties, cities, towns, villages, school districts, and all other kinds and types of districts, public agencies, and bodies politic, to the extent of the market value of the bonds, when accompanied by any unmatured interest coupons attached to them.

  53. Tex. Water Code Sec. 57.251. LEVY OF TAXES ON THE AD VALOREM BASIS.

  54. Tex. Water Code Sec. 57.258. ASSESSMENT AND COLLECTION OF TAXES FOR DISTRICTS WITH LAND IN MORE THAN ONE COUNTY.

  55. Tex. Water Code Sec. 57.259. ASSESSMENT OF DAMAGES.

  56. Tex. Water Code Sec. 57.260. LEVY OF TAXES ON BENEFIT BASIS.

  57. Tex. Water Code Sec. 57.261. APPOINTMENT OF COMMISSIONERS OF APPRAISEMENT. The commissioners court of the county of jurisdiction in a district levying taxes on the benefit basis shall appoint three disinterested commissioners, known as "commissioners of appraisement."

  58. Tex. Water Code Sec. 57.262. QUALIFICATIONS FOR COMMISSIONERS OF APPRAISEMENT. The commissioners of appraisement shall be freeholders, but not owners of land within the district for which they are to act, and shall not be related within the fourth degree of affinity or consanguinity, as determined under Chapter 573, Government Code, to any of the members of the commissioners court of jurisdiction, the board, or to any landowners in the district.

  59. Tex. Water Code Sec. 57.263. COMPENSATION OF COMMISSIONERS OF APPRAISEMENT.

  60. Tex. Water Code Sec. 57.264. ORGANIZATION OF COMMISSIONERS OF APPRAISEMENT.

  61. Tex. Water Code Sec. 57.265. DUTIES OF COMMISSIONERS OF APPRAISEMENT.

  62. Tex. Water Code Sec. 57.266. REPORT OF COMMISSIONERS OF APPRAISEMENT.

  63. Tex. Water Code Sec. 57.267. NOTICE OF HEARING.

  64. Tex. Water Code Sec. 57.268. RIGHTS OF PARTIES. Parties interested in matters before the commissioners of appraisement may appear in person or by attorney, or both, and are entitled to process for witnesses, to be issued by the chairman of the commissioners of appraisement on demand. The commissioners of appraisement have the same power as a court of record to enforce the attendance of witnesses.

  65. Tex. Water Code Sec. 57.269. HEARING; JUDGMENT.

  66. Tex. Water Code Sec. 57.270. APPEAL OF DECREE OF THE COMMISSIONERS OF APPRAISEMENT.

  67. Tex. Water Code Sec. 57.271. BASIS OF TAXATION.

  68. Tex. Water Code Sec. 57.272. TAX ASSESSOR FOR DISTRICTS LEVYING TAXES ON BENEFIT BASIS.

  69. Tex. Water Code Sec. 57.273. READJUSTING ASSESSMENTS.

  70. Tex. Water Code Sec. 57.274. HEARING ON PETITION FOR REASSESSMENT.

  71. Tex. Water Code Sec. 57.275. TAX COLLECTION ON REASSESSMENT.

  72. Tex. Water Code Sec. 57.279. COLLECTION OF DELINQUENT TAXES.

  73. Tex. Water Code Sec. 57.321. DISSOLUTION OF A DISTRICT. Subject to the provisions of Sections 50.251-50.256 of this Code, if the commissioners court finds at any time before the sale of a district's bonds or final lending of its credit in another form that the proposed undertaking for any reason is impracticable or apparently cannot be successfully accomplished, the commissioners court may dissolve the district.

  74. Tex. Water Code Sec. 57.322. REQUIREMENTS FOR DISSOLVING A DISTRICT BY PETITION.

  75. Tex. Water Code Sec. 57.323. RETURN OF TAXES ON DISSOLUTION.

  76. Tex. Water Code Sec. 57.324. DISSOLVING A DISTRICT BY ELECTION. A district may dissolve its corporate existence by election.

  77. Tex. Water Code Sec. 57.325. PETITION. To dissolve a district by election, a person shall present a petition, signed by the owners of a majority of the acreage in the district, to the commissioners court at a regular session, requesting the commissioners court to dissolve the district.

  78. Tex. Water Code Sec. 57.326. ELECTION ORDER.

  79. Tex. Water Code Sec. 57.327. ELECTION PROCEDURE, TIME, AND PLACE FOR HOLDING ELECTION. The provisions of Sections 57.203-57.207 of this code apply, so far as possible, to a dissolution election.

  80. Tex. Water Code Sec. 57.328. BALLOT. The commissioners court shall have the ballots printed to provide for voting for or against the following proposition and no other: "Dissolving the levee improvement district."

  81. Tex. Water Code Sec. 57.329. VOTE NECESSARY TO CARRY PROPOSITION. More than two-thirds of the persons voting in the election must vote to dissolve the district to carry the proposition.

  82. Tex. Water Code Sec. 57.3295. DISSOLUTION OF DISTRICT BY COMMISSIONERS COURT WITHOUT PETITION.

  83. Tex. Water Code Sec. 57.330. COMMISSIONERS COURT ORDER DISSOLVING DISTRICT.

  84. Tex. Water Code Sec. 57.331. DISSOLUTION TRUSTEES. The commissioners court shall appoint as trustees, three landowners of the district, and the three appointed landowners assume the duties of trustees at the time they file the bond required under Section 57.332 of this code.

  85. Tex. Water Code Sec. 57.332. TRUSTEES' BOND.

  86. Tex. Water Code Sec. 57.333. TRUSTEES' COMPENSATION.

  87. Tex. Water Code Sec. 57.334. APPOINTMENT OF TRUSTEE TO FILL VACANCY. In case of death or resignation of a trustee, the commissioners court shall appoint a successor to fill the vacancy.

  88. Tex. Water Code Sec. 57.335. GENERAL DUTIES OF TRUSTEES.

  89. Tex. Water Code Sec. 57.336. TRUSTEES' EXPENSE.

  90. Tex. Water Code Sec. 57.337. CLAIMS THAT WERE APPROVED BEFORE DISTRICT WAS DISSOLVED. The trustees shall pay all unpaid bonds and claims outstanding against the district before the commissioners court issues the dissolution order except those which are protested according to the provisions of Section 57.338 of this code.

  91. Tex. Water Code Sec. 57.338. PROTESTING PAYMENT OF CLAIMS APPROVED BEFORE DISTRICT WAS DISSOLVED.

  92. Tex. Water Code Sec. 57.339. CLAIMS NOT APPROVED BEFORE DISTRICT WAS DISSOLVED.

  93. Tex. Water Code Sec. 57.340. CLAIMS, PAYMENT ORDERS, AND APPEALS.

  94. Tex. Water Code Sec. 57.341. CLAIMS JUDGMENTS.

  95. Tex. Water Code Sec. 57.342. CLAIMS TO BE PAID. The trustees shall pay from money left in the district's treasury on dissolution claims filed with them under Sections 57.336, 57.337, and 57.339 of this code, in the order that the claims are filed.

  96. Tex. Water Code Sec. 57.343. DISPOSITION OF DEBTS AFTER ELECTION.

  97. Tex. Water Code Sec. 57.344. ACCELERATED RETIREMENT OF BONDS.

  98. Tex. Water Code Sec. 57.346. FINAL TRUSTEE REPORT.

Chapter 58

  1. Tex. Water Code Sec. 58.001. DEFINITIONS. In this chapter:

  2. Tex. Water Code Sec. 58.011. CREATION OF DISTRICT. An irrigation district may be created under and subject to the authority, conditions, and restrictions of either Article III, Section 52, of the Texas Constitution, or Article XVI, Section 59, of the Texas Constitution.

  3. Tex. Water Code Sec. 58.012. COMPOSITION OF DISTRICT.

  4. Tex. Water Code Sec. 58.013. PETITION.

  5. Tex. Water Code Sec. 58.014. CONTENTS OF PETITION. The petition shall include:

  6. Tex. Water Code Sec. 58.015. PLACE OF FILING; RECORDING.

  7. Tex. Water Code Sec. 58.016. BOARD OR COMMISSION TO CONSIDER CREATION OF DISTRICT. If the land to be included in a district is within one county, the creation of the district shall be considered and ordered by the commissioners court, but if the land to be included in a district is in two or more counties, the creation of the district shall be considered and ordered by the commission.

  8. Tex. Water Code Sec. 58.017. SINGLE-COUNTY DISTRICT; HEARING.

  9. Tex. Water Code Sec. 58.018. SINGLE-COUNTY DISTRICT; NOTICE OF HEARING.

  10. Tex. Water Code Sec. 58.019. SINGLE-COUNTY DISTRICT; NAME.

  11. Tex. Water Code Sec. 58.020. SINGLE-COUNTY DISTRICT; TESTIMONY AT HEARING.

  12. Tex. Water Code Sec. 58.021. SINGLE-COUNTY DISTRICT; GRANTING OR REFUSING PETITION.

  13. Tex. Water Code Sec. 58.022. SINGLE-COUNTY DISTRICT; APPEAL FROM ORDER OF COMMISSIONERS COURT.

  14. Tex. Water Code Sec. 58.023. SINGLE-COUNTY DISTRICT: RECORD ON APPEAL; NOTICE OF APPEAL.

  15. Tex. Water Code Sec. 58.024. SINGLE-COUNTY DISTRICT: HEARING IN DISTRICT COURT; PROCEDURE.

  16. Tex. Water Code Sec. 58.025. SINGLE-COUNTY DISTRICT: JUDGMENT OF DISTRICT COURT; APPEAL.

  17. Tex. Water Code Sec. 58.026. SINGLE-COUNTY DISTRICT: APPOINTMENT OF DIRECTORS; BOND.

  18. Tex. Water Code Sec. 58.027. MULTICOUNTY DISTRICT: CONSIDERATION BY COMMISSION.

  19. Tex. Water Code Sec. 58.028. MULTICOUNTY DISTRICT: NOTICE AND HEARING ON DISTRICT CREATION. When a petition is filed, the commission shall give notice of an application in the manner provided in Section 49.011 and may conduct a hearing on the application if the commission determines that a hearing is necessary under that section.

  20. Tex. Water Code Sec. 58.030. MULTICOUNTY DISTRICT: CONSIDERATION BY COMMISSION; PROCEDURE.

  21. Tex. Water Code Sec. 58.031. MULTICOUNTY DISTRICT: APPEAL FROM COMMISSION DECISION.

  22. Tex. Water Code Sec. 58.032. MULTICOUNTY DISTRICT: APPOINTMENT OF DIRECTORS BY COMMISSION; BOND.

  23. Tex. Water Code Sec. 58.035. INCLUSION OF CITY, TOWN, OR MUNICIPAL CORPORATION IN DISTRICT.

  24. Tex. Water Code Sec. 58.036. CONFIRMATION ELECTION IN DISTRICT INCLUDING LAND IN MORE THAN ONE COUNTY. No district, the major portion of which is located in one county, may be organized to include land in another county unless the election held in the other county to confirm and ratify the creation of the district is adopted by those voting in the other county.

  25. Tex. Water Code Sec. 58.037. EXCLUSION OF PARTS OF DISTRICT; DISSOLUTION.

  26. Tex. Water Code Sec. 58.038. CONVERSION OF CERTAIN DISTRICTS INTO DISTRICTS OPERATING UNDER THIS CHAPTER.

  27. Tex. Water Code Sec. 58.039. CONVERSION OF DISTRICT; NOTICE.

  28. Tex. Water Code Sec. 58.040. CONVERSION OF DISTRICT; FINDINGS.

  29. Tex. Water Code Sec. 58.041. EFFECT OF CONVERSION. A district that converts into a district operating under this chapter shall:

  30. Tex. Water Code Sec. 58.042. RESERVATION OF CERTAIN POWERS FOR CONVERTED DISTRICTS.

  31. Tex. Water Code Sec. 58.071. BOARD OF DIRECTORS. The governing body of a district is the board of directors, which shall consist of five directors.

  32. Tex. Water Code Sec. 58.072. QUALIFICATIONS. To be qualified for election as a director, a person must be a resident of the state, be the owner of record of fee simple title to land in the district, be at least 18 years of age, and owe no delinquent taxes or assessments to the district. Section 49.052 does not apply to a district governed by this chapter.

  33. Tex. Water Code Sec. 58.0731. ELECTION OF DIRECTORS FROM PRECINCTS. A district that elected one director from each of five precincts before it converted to a district operating under this chapter shall continue to elect its directors in the same manner from precincts.

  34. Tex. Water Code Sec. 58.084. DISTRICT TAX ASSESSOR AND COLLECTOR. The board may appoint one person to the office of tax assessor and collector, or it may order an election to fill that office.

  35. Tex. Water Code Sec. 58.089. BONDS OF OFFICERS OF A DISTRICT ACTING AS FISCAL AGENT OR COLLECTING MONEY FOR THE UNITED STATES.

  36. Tex. Water Code Sec. 58.121. PURPOSES OF DISTRICT.

  37. Tex. Water Code Sec. 58.122. POWERS OF DISTRICT. The district has the functions, powers, authority, rights, and duties which will permit the accomplishment of the purposes for which it was created, including the investigation and, in case a plan for improvements is adopted, the construction, maintenance, and operation of necessary improvements, plants, works, and facilities, and the acquisition of water rights and all other properties, land, tenements, materials, borrow and waste ground, easements, rights-of-way, and everything considered necessary, incident, or helpful to accomplish by any practicable mechanical means any one or more of the objects authorized for the district, subject only to the restrictions imposed by the Constitutions of Texas or the United States. A district also may acquire property deemed necessary for the extension or enlargement of the plant, works, improvements, or service of the district.

  38. Tex. Water Code Sec. 58.125. CONSTRUCTION OF IMPROVEMENTS. A district may construct all works and improvements necessary:

  39. Tex. Water Code Sec. 58.126. PURCHASE OF MACHINERY AND SUPPLIES. The board may purchase machinery, materials, and supplies needed in the construction, operation, maintenance, and repair of district improvements.

  40. Tex. Water Code Sec. 58.127. ADOPTING RULES. A district may adopt and make known reasonable rules to:

  41. Tex. Water Code Sec. 58.128. EFFECT OF RULES. After the required publication, rules adopted by the district under Section 58.127 of this code shall be recognized by the courts as if they were penal ordinances of a city.

  42. Tex. Water Code Sec. 58.129. PUBLICATION OF RULES.

  43. Tex. Water Code Sec. 58.130. EFFECTIVE DATE OF RULES. The penalty for violation of a rule is not effective and enforceable until five days after the publication of the notice. Five days after the publication, the published rules shall be in effect and ignorance of it is not a defense for a prosecution for the enforcement of the penalty.

  44. Tex. Water Code Sec. 58.133. CONSTRUCTING BRIDGES AND CULVERTS ACROSS AND OVER COUNTY AND PUBLIC ROADS. The district shall build necessary bridges and culverts across and over district canals, laterals, and ditches which cross county or public roads. Funds of the district shall be used to construct the bridges and culverts.

  45. Tex. Water Code Sec. 58.134. CONSTRUCTING CULVERTS AND BRIDGES ACROSS AND UNDER RAILROAD TRACKS, ROADWAYS, AND INTERURBAN OR STREET RAILWAYS.

  46. Tex. Water Code Sec. 58.136. POWER TO CONTRACT. The district may enter into a contract for the use by another of its water, facilities, or service, either inside or outside the district, except that a contract may not be made which impairs the ability of the district to serve lawful demands for service within the district.

  47. Tex. Water Code Sec. 58.150. TRANSACTIONS IN DISTRICT NAMES UNDER JOINT OWNERSHIP AND CONSTRUCTION CONTRACT. All bids, bonds, contracts, and other transactions made under a joint ownership and construction contract may be made in the names of the districts which are parties to the contract.

  48. Tex. Water Code Sec. 58.153. CONTRACT WITH THE UNITED STATES.

  49. Tex. Water Code Sec. 58.154. CONSTRUCTION CHARGES UNDER A CONTRACT WITH THE UNITED STATES. The construction charges under a contract with the United States may include the cost of drainage and flood-control works necessary to control floods or to maintain the irrigability of district land.

  50. Tex. Water Code Sec. 58.155. ELECTION TO APPROVE A CONTRACT WITH THE UNITED STATES.

  51. Tex. Water Code Sec. 58.156. CONVEYING PROPERTY TO THE UNITED STATES. A district may convey any property to the United States necessary for the construction, operation, or maintenance of federal reclamation works used or to be used for the benefit of the district.

  52. Tex. Water Code Sec. 58.157. CONSENT OF UNITED STATES TO ALTER DISTRICT'S BOUNDARIES. Until all money has been paid by the district which is due to the United States under a contract relating to a federal reclamation project, the United States must consent to any change in the boundaries of the district.

  53. Tex. Water Code Sec. 58.158. TAXES LEVIED BY DISTRICT UNDER CONTRACT WITH THE UNITED STATES.

  54. Tex. Water Code Sec. 58.159. ASSESSMENTS FOR CONTRACTS WITH THE UNITED STATES. The board shall levy annually sufficient assessments to collect the money required to pay all of the district's obligations in full when due regardless of any delinquency in payment of assessments by any tract of land. If collections in any year are insufficient to pay the obligations of the district, the levy shall be increased sufficiently the following year to cover the deficit.

  55. Tex. Water Code Sec. 58.160. DURATION OF ANNUAL LEVIES FOR CONTRACTS WITH THE UNITED STATES. The board shall continue annual levies for payment of construction charges each year against each tract of land in the district even though construction charges apportioned against other tracts of land in the district may be paid sooner or later.

  56. Tex. Water Code Sec. 58.161. SUPERIORITY OF LIEN TO SECURE CONTRACT WITH THE UNITED STATES. The lien against district land created by a contract with the United States shall be superior to the lien created by any district bonds approved subsequent to the date of the contract with the United States.

  57. Tex. Water Code Sec. 58.162. DISTRICT'S AUTHORITY TO SOLICIT COOPERATION, DONATIONS, AND CONTRIBUTIONS FROM OTHER AGENCIES. A district organized under the provisions of this chapter may solicit cooperation, donations and contributions from:

  58. Tex. Water Code Sec. 58.163. EXPENSE OF PROCURING COOPERATION AND CONTRIBUTIONS FROM OTHER AGENCIES. A district may incur reasonable expense to procure cooperation under Section 58.162 of this code in adding to the area of the district or with contributions to the cost of improvements made by the district. The contributions may be either a percentage of cost or a definite annual sum.

  59. Tex. Water Code Sec. 58.164. AUTHORITY OF CONTRIBUTOR.

  60. Tex. Water Code Sec. 58.165. ISSUANCE OF BONDS BY CONTRIBUTOR.

  61. Tex. Water Code Sec. 58.166. ANNUAL TAX BY CONTRIBUTOR.

  62. Tex. Water Code Sec. 58.167. CONTRIBUTIONS FROM UNAPPROPRIATED OR AVAILABLE FUNDS OF CONTRIBUTOR.

  63. Tex. Water Code Sec. 58.168. LIABILITY ON CONTRACTS OF ACQUIRED IRRIGATION SYSTEM. If a district acquires an established irrigation system which has contracted to supply water to others and the holders of the contracts or the lands entitled to service of water are not within the district, the contracts and duties shall be performed by the district in the same manner and to the same extent that any other purchaser of the system would be bound.

  64. Tex. Water Code Sec. 58.170. COVENANTS AND AGREEMENTS INCLUDED IN LEASE.

  65. Tex. Water Code Sec. 58.171. REVENUE FOR PAYMENT OF LEASE RENTAL.

  66. Tex. Water Code Sec. 58.172. RECEIVER FOR LEASED IRRIGATION SYSTEM.

  67. Tex. Water Code Sec. 58.173. JOINT LEASE BY TWO OR MORE DISTRICTS. The boards of two or more districts may adopt resolutions to enter into a joint lease under the provisions of Section 58.169 of this code. The joint lease shall specify clearly the respective rights and liabilities of the districts and shall be subject to all the provisions of Sections 58.169 and 58.172 of this code.

  68. Tex. Water Code Sec. 58.174. AUTHORITY TO ACQUIRE IRRIGATION SYSTEM SUBJECT TO MORTGAGE. A district may acquire by gift, grant, or purchase any part of an irrigation system serving the district which is subject to a mortgage or encumbrance. The mortgage or encumbrances shall not be assumed by the district and shall not be an indebtedness of the district but shall constitute solely a charge on the encumbered property and the revenue from it.

  69. Tex. Water Code Sec. 58.175. REVENUE FOR PAYMENT OF MORTGAGE.

  70. Tex. Water Code Sec. 58.176. ELECTION TO APPROVE REVENUE FOR PAYMENT OF MORTGAGE.

  71. Tex. Water Code Sec. 58.177. JOINT ACQUISITION OF MORTGAGED SYSTEM BY TWO OR MORE DISTRICTS.

  72. Tex. Water Code Sec. 58.178. AUTHORITY TO LEASE FACILITIES TO WATER CUSTOMERS.

  73. Tex. Water Code Sec. 58.180. AMENDMENTS TO WATER RIGHTS. The board may apply to the commission to amend its water rights as provided by Section 11.122 of this code and the rules of the commission.

  74. Tex. Water Code Sec. 58.181. SUIT TO PROTECT WATER RIGHTS. The board may institute and maintain any suit or suits to protect the water supply or other rights of the district, to prevent any unlawful interference with the water supply or other rights of the district, or to prevent a diversion of its water supply by others.

  75. Tex. Water Code Sec. 58.182. TRANSFER OF WATER RIGHT. If there is land in a district which has a water right from a source of supply acquired by the district but the land is difficult or impracticable to irrigate from that source of supply, the district may allow transfer of the water right to other land which is adjacent to the district. The adjacent land may be admitted to the district with the same right of water service as the land from which the water was transferred.

  76. Tex. Water Code Sec. 58.183. SELLING WATERPOWER PRIVILEGES.

  77. Tex. Water Code Sec. 58.184. SELLING SURPLUS WATER. The district may sell any surplus district water for use in irrigation or for domestic or commercial uses to any person who owns or uses land in the vicinity of the district or to other districts which include land in the same vicinity.

  78. Tex. Water Code Sec. 58.185. PUMPING WATER TO ANOTHER DISTRICT. If the board considers it advisable, it may contract to pump for or supply another district any water in which the other district has a right. The board shall provide the terms of the contract.

  79. Tex. Water Code Sec. 58.186. OBTAINING TOPOGRAPHIC MAPS AND DATA. The Texas Water Development Board shall furnish to a district topographic maps and data concerning projects undertaken by the district.

  80. Tex. Water Code Sec. 58.190. SALE OF PROPERTY NOT ACQUIRED TO CARRY OUT THE PLANS OF THE DISTRICT. The board may sell property bid in by it at any sale under foreclosure of its tax lien or of its lien for charges or assessments, or any property acquired by it other than for the purpose of carrying out the plans of the district, without formally determining that the property is not required to carry out the plans of the district, without giving notice of the intent of the district to sell the property, and without applying the proceeds of the sale as provided in Sections 58.188 and 58.189 of this code.

  81. Tex. Water Code Sec. 58.221. LANDOWNER. In this subchapter, a reference to "landowner" refers to a single landowner who is the owner of record of fee simple title to a parcel of land located within the boundaries of a district, regardless of whether the title to the parcel of land is held by:

  82. Tex. Water Code Sec. 58.222. ELIGIBILITY TO VOTE. Notwithstanding the Election Code and any other law, a landowner or the landowner's registered representative under this subchapter is entitled to one vote in an election conducted by a district only if the landowner:

  83. Tex. Water Code Sec. 58.223. ELIGIBILITY REQUIREMENTS. An individual landowner, or the landowner's registered representative, is eligible to vote only if the individual:

  84. Tex. Water Code Sec. 58.224. REGISTRATION REQUIRED.

  85. Tex. Water Code Sec. 58.225. VOTING BY REPRESENTATIVE.

  86. Tex. Water Code Sec. 58.226. LIABILITY FOR DISTRICT TAXES AND DEBTS.

  87. Tex. Water Code Sec. 58.301. STATEMENT ESTIMATING WATER REQUIREMENTS AND PAYMENT OF CHARGE.

  88. Tex. Water Code Sec. 58.302. CONTRACTS WITH PERSON USING IRRIGATION WATER.

  89. Tex. Water Code Sec. 58.303. AUTHORITY TO DETERMINE RULES AND REGULATIONS. The board may adopt, alter, and rescind rules, and standing and temporary orders which do not conflict with the provisions of this subchapter and which govern:

  90. Tex. Water Code Sec. 58.304. BOARD'S ESTIMATE OF MAINTENANCE AND OPERATING EXPENSES. The board, on or as soon as practicable after a date fixed by standing order of the board, shall estimate the expenses of maintaining and operating the district's water delivery system for the next 12 months. The board may change the 12-month period for which it estimates the expenses of maintaining and operating the water delivery system by estimating such expenses for a shorter period so as to adjust to a new fixed date and thereafter estimating the expenses for 12-month periods following the adjusted fixed date.

  91. Tex. Water Code Sec. 58.305. DISTRIBUTION OF ASSESSMENT.

  92. Tex. Water Code Sec. 58.306. NOTICE OF ASSESSMENTS.

  93. Tex. Water Code Sec. 58.307. PAYMENT OF ASSESSMENTS.

  94. Tex. Water Code Sec. 58.308. COLLECTION OF ASSESSMENTS BY TAX ASSESSOR AND COLLECTOR.

  95. Tex. Water Code Sec. 58.309. LIEN AGAINST CROPS.

  96. Tex. Water Code Sec. 58.310. LIST OF DELINQUENT ASSESSMENTS. Assessments imposed under Section 58.305(a) not paid when due shall become delinquent on the first day of the month following the date payment is due, and the board shall keep posted in a public place in the district a correct list of all persons who are delinquent in paying assessments. If a person who owes an assessment has executed a note and contract as provided in Section 58.302, the person may not be placed on the delinquent list until after the maturity of the note and contract.

  97. Tex. Water Code Sec. 58.311. WATER SERVICE DISCONTINUED.

  98. Tex. Water Code Sec. 58.312. SUITS FOR DELINQUENT ASSESSMENTS. Suits for delinquent water assessments or other amounts owed to the district under this subchapter may be brought either in the county in which the district is located or in the county in which the defendant resides. All landowners are personally liable for assessments imposed under Section 58.305(a).

  99. Tex. Water Code Sec. 58.313. INTEREST AND COLLECTION FEES.

  100. Tex. Water Code Sec. 58.314. RIGHTS OF THE UNITED STATES.

  101. Tex. Water Code Sec. 58.315. SURPLUS ASSESSMENTS. If assessments made under this subchapter are more than sufficient to pay the necessary expenses of the district, the balance shall be carried over to the next year.

  102. Tex. Water Code Sec. 58.316. INSUFFICIENT ASSESSMENTS. If the assessments made under this subchapter are not sufficient to pay the necessary expenses of the district, the unpaid balance shall be assessed pro rata, in accordance with the assessments made for the current year. The additional assessments shall be paid under the same conditions and penalties within 30 days after the date of assessment.

  103. Tex. Water Code Sec. 58.318. CHARGES FOR MAINTENANCE EXPENSES.

  104. Tex. Water Code Sec. 58.319. CHARGE TO CITIES AND TOWNS. If a district supplies untreated water, the charge for the use of the water and the time and manner of payment shall be determined by the board or fixed by the contract made with the board.

  105. Tex. Water Code Sec. 58.320. LOANS FOR MAINTENANCE AND OPERATING EXPENSES. The board may borrow money to pay maintenance and operating expenses at an interest rate of not more than 10 percent a year and may pledge as security any of its notes or contracts with water users or accounts against them.

  106. Tex. Water Code Sec. 58.321. WATER SERVICE: REFUSED. The board may refuse water service to any person who refuses to pay the charges and assessments for water service or who fails or refuses to pay any taxes levied against his property after six months from the date the taxes become delinquent.

  107. Tex. Water Code Sec. 58.351. CONSTRUCTION FUND.

  108. Tex. Water Code Sec. 58.352. MAINTENANCE FUND.

  109. Tex. Water Code Sec. 58.353. AMORTIZATION AND EMERGENCY FUND.

  110. Tex. Water Code Sec. 58.391. AUTHORITY TO BORROW MONEY. The board may declare that funds are not available to meet lawfully authorized obligations of the district, thereby creating an existing emergency, and may borrow money at a rate of not more than 10 percent a year on notes of the district to pay obligations.

  111. Tex. Water Code Sec. 58.392. SECURITY FOR LOAN. To secure the loan, the board may pledge up to 85 percent of any levied tax of the district which has not been collected by the district or may pledge as collateral any district bonds which have been authorized but not sold.

  112. Tex. Water Code Sec. 58.393. MATURITY DATE OF LOAN.

  113. Tex. Water Code Sec. 58.394. LOAN SECURED BY BONDS. The amount of the loan may not be more than 25 percent of the district's unsold bonds and the par value of the bonds may not be more than 10 percent of the amount of the loan.

  114. Tex. Water Code Sec. 58.395. EXPENDITURE OF LOAN PROCEEDS. No money obtained from a loan under Section 58.391 of this code may be spent for any purpose other than the purposes for which the pledged tax was levied or the pledged bonds were authorized.

  115. Tex. Water Code Sec. 58.396. LOANS ACCOMPLISHED BY SALE OF DISTRICT BONDS. If the loan is secured by the sale of district bonds, the district may enter into an obligation to be conditioned conformably with the usages of investment banking to repurchase the bonds within the five-year period immediately following the date of the loan.

  116. Tex. Water Code Sec. 58.397. PLEDGE OF COMMERCIAL INCOME.

  117. Tex. Water Code Sec. 58.398. EVIDENCE OF DEBT. To evidence loans which are not secured by the sale of bonds, the district may execute and deliver to the lender certificates of indebtedness, notes, or obligations and may pledge its full faith and credit for their payment to the same extent that it may be pledged by district bonds.

  118. Tex. Water Code Sec. 58.399. RETIRING BONDS. If bonds are impounded or pledged to secure a loan made to a district, as the loan is repaid a proportionate amount of the bonds may be withdrawn, cancelled, and retired.

  119. Tex. Water Code Sec. 58.431. AUTHORITY TO ISSUE BONDS OF DISTRICTS OPERATING UNDER ARTICLE III, SECTION 52, OF THE TEXAS CONSTITUTION. A district which is operating under Article III, Section 52, of the Texas Constitution, may issue bonds and lend its credit in an amount of not more than one-fourth of the assessed valuation of the real property in the district. However, the total indebtedness of any city or town may never be more than the limits imposed by the Texas Constitution.

  120. Tex. Water Code Sec. 58.432. AUTHORITY TO ISSUE BONDS OF DISTRICTS OPERATING UNDER ARTICLE XVI, SECTION 59, OF THE TEXAS CONSTITUTION. A district operating under Article XVI, Section 59, of the Texas Constitution, may incur debt evidenced by the issuance of bonds which is necessary to provide improvements and maintenance of improvements to achieve the purposes for which the district was created.

  121. Tex. Water Code Sec. 58.433. AMOUNT OF DEBT LIMITED BY CONSTITUTION. No district may issue bonds or create indebtedness in an amount which is more than that authorized by the Texas Constitution.

  122. Tex. Water Code Sec. 58.434. ISSUANCE OF PRELIMINARY BONDS. A district may issue preliminary bonds to create a fund to pay:

  123. Tex. Water Code Sec. 58.435. ELECTION ON PRELIMINARY BONDS.

  124. Tex. Water Code Sec. 58.436. CONDITIONS OF PRELIMINARY BONDS.

  125. Tex. Water Code Sec. 58.437. TAX TO PAY PRELIMINARY BONDS. At the time preliminary bonds are issued, a tax shall be levied to pay principal and interest as the bonds mature and to pay the cost of assessing and collecting the taxes.

  126. Tex. Water Code Sec. 58.438. ISSUANCE OF BONDS.

  127. Tex. Water Code Sec. 58.439. PURPOSES FOR ISSUANCE OF BONDS. The district may issue bonds to include:

  128. Tex. Water Code Sec. 58.440. ENGINEER'S REPORT.

  129. Tex. Water Code Sec. 58.441. ELECTION ORDER.

  130. Tex. Water Code Sec. 58.443. BALLOTS.

  131. Tex. Water Code Sec. 58.444. VOTE AT ELECTION.

  132. Tex. Water Code Sec. 58.445. ORDER TO ISSUE BONDS OR EXECUTE CONTRACT. After the vote is canvassed and the results are declared to be favorable to the proposition, the board shall make and enter an order directing the issuance of the bonds or the execution of a contract with the United States. The bonds or contract shall be in a sufficient amount to pay for the improvements together with all necessary incidental expenses, but the amount may not be more than the amount specified in the election order and notice of election.

  133. Tex. Water Code Sec. 58.446. RECORD OF BOND PROCEEDINGS SUBMITTED TO ATTORNEY GENERAL.

  134. Tex. Water Code Sec. 58.447. APPROVAL AND REGISTRATION OF BONDS.

  135. Tex. Water Code Sec. 58.448. VALIDITY OF BONDS. After the bonds are approved by the attorney general and registered by the comptroller, they shall be held to be valid, binding obligations of the district in any suit testing their validity. Any person interested in the bonds may file a suit before the bonds are registered to test the validity, but may not bring suit to test validity after the bonds are registered.

  136. Tex. Water Code Sec. 58.449. CONDITIONS OF BONDS.

  137. Tex. Water Code Sec. 58.450. FORM OF BONDS.

  138. Tex. Water Code Sec. 58.453. VALIDATION SUIT.

  139. Tex. Water Code Sec. 58.454. EFFECT OF PRIOR REGISTRATION. If bonds are approved by the attorney general and registered by the comptroller before a validation suit is filed, the filing of the suit cancels the prior registration.

  140. Tex. Water Code Sec. 58.455. PROCEDURE IN VALIDATION SUIT.

  141. Tex. Water Code Sec. 58.456. NOTICE OF VALIDATION SUIT.

  142. Tex. Water Code Sec. 58.457. DUTIES OF ATTORNEY GENERAL IN VALIDATION SUIT.

  143. Tex. Water Code Sec. 58.458. JUDGMENT IN VALIDATION SUIT.

  144. Tex. Water Code Sec. 58.459. EFFECT OF VALIDATION SUIT.

  145. Tex. Water Code Sec. 58.460. CERTIFIED COPY OF DECREE.

  146. Tex. Water Code Sec. 58.461. REGISTRATION OF BONDS AND DECREE. On the presentation of the bonds together with a certified copy of the decree of the court, the comptroller shall register the bonds in a book kept for that purpose. The comptroller shall attach to each bond a certificate stating that the court's decree has been filed and recorded in his office and shall sign the certificate and attach his official seal.

  147. Tex. Water Code Sec. 58.462. SALE OF BONDS.

  148. Tex. Water Code Sec. 58.463. TAX LEVY.

  149. Tex. Water Code Sec. 58.464. ADJUSTMENT OF TAX LEVY.

  150. Tex. Water Code Sec. 58.466. INTEREST AND SINKING FUND.

  151. Tex. Water Code Sec. 58.467. INVESTMENT OF SINKING FUND.

  152. Tex. Water Code Sec. 58.468. REFUNDING BONDS.

  153. Tex. Water Code Sec. 58.469. LIMITATION OF AUTHORITY TO INCUR DEBT AND ISSUE BONDS.

  154. Tex. Water Code Sec. 58.470. ISSUING BONDS IN EXCESS OF LIMITATION.

  155. Tex. Water Code Sec. 58.471. MODIFICATIONS OR IMPROVEMENTS.

  156. Tex. Water Code Sec. 58.472. ISSUANCE OF ADDITIONAL BONDS OR CREATION OF ADDITIONAL INDEBTEDNESS UNDER CERTAIN CONDITIONS.

  157. Tex. Water Code Sec. 58.473. INTERIM BONDS. After bonds, other than preliminary bonds or notes, are voted by a district, the board may declare an existing emergency with relation to money being unavailable to pay for engineering work, purchase of land, rights-of-way, construction sites, construction work, and legal and other necessary expenses and may issue interim bonds on the faith and credit of the district in the manner provided in Sections 58.474-58.479 of this code to pay these expenses.

  158. Tex. Water Code Sec. 58.474. LIMITATIONS ON INTERIM BONDS.

  159. Tex. Water Code Sec. 58.475. ISSUANCE OF BONDS AND LEVY OF TAX.

  160. Tex. Water Code Sec. 58.476. DEPOSIT OF BONDS TO SECURE INTERIM BONDS.

  161. Tex. Water Code Sec. 58.477. PROCEDURE FOR ISSUANCE AND SALE OF INTERIM BONDS.

  162. Tex. Water Code Sec. 58.478. PAYMENT OF INTERIM BONDS.

  163. Tex. Water Code Sec. 58.479. REDEMPTION OF INTERIM BONDS.

  164. Tex. Water Code Sec. 58.480. ALTERNATE METHODS FOR PAYING BONDS.

  165. Tex. Water Code Sec. 58.481. TAXES TO SECURE CERTAIN BONDS.

  166. Tex. Water Code Sec. 58.482. ELECTION.

  167. Tex. Water Code Sec. 58.483. HEARING AND ELECTION ON CERTAIN BONDS.

  168. Tex. Water Code Sec. 58.484. HEARING BEFORE ISSUING CERTAIN BONDS. If a district issues its original bonds under Section 58.480(b)(2) of this code and later desires to issue bonds payable in whole or in part from taxes or to levy a tax for maintenance purposes, the district shall hold a hearing to exclude land, and at the time provided by law, shall hold another hearing to adopt a plan of taxation. These hearings shall be held before an election is called to approve the issuance of tax-supported bonds or the levy of a maintenance tax.

  169. Tex. Water Code Sec. 58.501. TAX TO PAY PRELIMINARY BONDS. Taxes to pay principal and interest on preliminary bonds shall be levied and collected on the ad valorem basis.

  170. Tex. Water Code Sec. 58.502. HEARING TO DETERMINE BASIS OF TAXATION. After the board adopts plans for construction of a plant and improvements to accomplish the purposes of the district and after an election is held to authorize the issuance of construction bonds and the levy of a tax to pay for the bonds, the board shall hold a public hearing to determine whether the taxes to pay the construction bonds and maintenance, operation, and administrative costs of the district shall be levied, assessed, and collected on:

  171. Tex. Water Code Sec. 58.503. NOTICE OF HEARING. Notice of the time and place of the hearing and the proposition to be determined shall be published once a week for two consecutive weeks in one or more newspapers with general circulation in the district. The first publication shall be made not less than 10 days before the day of the hearing set in the notice.

  172. Tex. Water Code Sec. 58.504. CONDUCT OF HEARING.

  173. Tex. Water Code Sec. 58.505. ORDER.

  174. Tex. Water Code Sec. 58.506. CHANGING TAX PLAN. If after a tax plan is adopted the directors find that the best interest of the district and the necessity to maintain adequately and equitably the district's tax requires a change in the tax plan, the board may give notice, hold a hearing, and determine a new plan in the manner provided in Sections 58.502-58.505 of this code.

  175. Tex. Water Code Sec. 58.507. EFFECT OF SECTIONS 58.501-58.506 OF THIS CODE. Nothing in Sections 58.501-58.506 of this code shall be held to alter provisions of this chapter relating to districts which have contracts with the United States or to alter or impair the provisions of this code relating to taxes levied to provide local improvements to a defined area which do not affect the entire district.

  176. Tex. Water Code Sec. 58.508. UNLIMITED AUTHORITY TO COLLECT SERVICE CHARGES AND TAXES. The provisions of this subchapter do not alter or impair the right of a district:

  177. Tex. Water Code Sec. 58.509. LIEN CREATED; NO LIMITATION. Charges or assessments imposed by a district for maintenance and operation of works, facilities, and services of the district shall constitute a lien against the land to which the charges or assessments have been established. No law providing limitation against actions for debt shall apply.

  178. Tex. Water Code Sec. 58.510. PURPOSE OF SECTIONS 58.511-58.529 OF CODE. The purpose of Sections 58.511-58.529 of this code is to give a district the flexibility of taxing power which will permit and cause the tax of the district to be equitably distributed and which will give the highest practicable degree of service under the peculiar physical and economic conditions of the district. To this end, these sections shall be liberally and sympathetically construed.

  179. Tex. Water Code Sec. 58.511. AUTHORITY TO ADOPT ALTERNATIVE PLANS OF TAXATION. A district operating under the provisions of Article XVI, Section 59, of the Texas Constitution, shall adopt a tax plan under the alternative provisions of Sections 58.512-58.529 of this code either at the time of its creation or before the appointment of commissioners of appraisement under this chapter.

  180. Tex. Water Code Sec. 58.512. ALTERNATIVE PLANS OF TAXATION.

  181. Tex. Water Code Sec. 58.513. ADOPTION OF PLAN OF TAXATION.

  182. Tex. Water Code Sec. 58.514. NOTICE OF ADOPTION OF PLAN AND HEARING.

  183. Tex. Water Code Sec. 58.515. ORDER ADOPTING TAX PLAN.

  184. Tex. Water Code Sec. 58.516. OBTAINING FUNDS TO CONSTRUCT, ADMINISTER, MAINTAIN, AND OPERATE IMPROVEMENTS AND FACILITIES IN DEFINED PART OF DISTRICT. On adoption of the plan of taxation provided in Section 58.512(b)(4) of this code, the district, in the manner provided in Sections 58.517-58.523 of this code, may provide, pay for, maintain, and operate improvements, service, or facilities peculiar to a designated area or defined property which do not affect the whole district.

  185. Tex. Water Code Sec. 58.517. DEFINING AREA AND DESIGNATING PROPERTY TO BE BENEFITED BY IMPROVEMENTS; ADOPTING TAX PLAN.

  186. Tex. Water Code Sec. 58.518. NOTICE AND HEARING. The board shall give notice and hold a hearing in the same manner and for the same purpose as provided in Sections 58.514-58.515 of this code.

  187. Tex. Water Code Sec. 58.519. BOARD'S ORDER. At the hearing, if the board decides to define and serve the proposed separate tax area or separate designated property, it shall enter an order in the record, and if the proposal involves the issuance of bonds, the board shall call an election in the whole district.

  188. Tex. Water Code Sec. 58.520. PROCEDURE FOR ELECTION.

  189. Tex. Water Code Sec. 58.521. ELECTION NOT REQUIRED IN SEPARATE ELECTION PRECINCT. If proposed improvements are considered to be required to promote the public welfare or if the owners of the land in a defined area file a petition acknowledged as required for deeds requesting the district to provide improvements and assess a tax only in the defined area, it is not necessary to constitute the area a separate election precinct and have a separate election in that area.

  190. Tex. Water Code Sec. 58.522. BALLOTS. The ballots for an election under this subchapter shall be printed to provide for voting for or against substantially the proposition: "Designation of the area, issuance of bonds, and levy of a tax to retire the bonds."

  191. Tex. Water Code Sec. 58.523. DECLARING RESULT AND ISSUING ORDER. If a majority of the electors approve the proposal, the board shall declare the result and, by order, shall establish the area and define it by metes and bounds or designate the specific property and shall fix the tax basis for the area or property. A certified copy of the order shall be recorded in the minutes of the district and shall constitute notice.

  192. Tex. Water Code Sec. 58.524. PLEDGE OF FAITH AND CREDIT. If at an election the electors approve the issuance of bonds and the levy of a tax which applies only to a defined area, the district may issue bonds which pledge only the faith and credit based on the property values in the defined area; however, the district may pledge the full faith and credit of the entire district under the condition of authorization in Section 58.528 of this code.

  193. Tex. Water Code Sec. 58.525. ELECTION IN SEPARATE ELECTION PRECINCT.

  194. Tex. Water Code Sec. 58.526. ISSUANCE OF BONDS AND LEVY OF TAX FOR DEFINED AREA OR DESIGNATED PROPERTY.

  195. Tex. Water Code Sec. 58.527. CONTRACT TO PROVIDE IMPROVEMENTS, FACILITIES, AND SERVICES TO DESIGNATED PROPERTY OR AREA.

  196. Tex. Water Code Sec. 58.528. AUTHORITY OF DISTRICT.

  197. Tex. Water Code Sec. 58.529. ADMINISTRATIVE AUTHORITY OF BOARD. The board shall administer all business incident to the creation and operation of a defined area or service to designated property unless otherwise provided by contract.

  198. Tex. Water Code Sec. 58.561. ASSESSMENT OF DISTRICT PROPERTY. The assessor and collector shall assess all taxable property in the district.

  199. Tex. Water Code Sec. 58.562. LAW GOVERNING PROPERTY SUBJECT TO TAXATION. The property subject to taxation in the district shall be determined by and governed by the Property Tax Code.

  200. Tex. Water Code Sec. 58.585. FINANCE LEDGER.

  201. Tex. Water Code Sec. 58.631. METHOD OF TAXATION FOR DISTRICT UNDER CONTRACT WITH THE UNITED STATES. A district which is operated under contract with the United States may adopt the plan to levy and collect taxes on the benefit basis instead of the ad valorem basis and determine taxes under the provisions of Sections 58.632-58.634 of this code.

  202. Tex. Water Code Sec. 58.632. ASSESSMENT RECORD. When necessary, the board shall apportion and assess the benefits conferred on property subject to taxation in the district and shall make a record showing the amount and value of benefits to accrue on property in the district and the amount of taxes to be levied and collected on the property. No taxes assessed or adjudged against the property subject to taxation may be more than the benefit which accrues to the property from the organization, operation, and maintenance of the district and its improvements.

  203. Tex. Water Code Sec. 58.633. NOTICE OF TAXES. After the board makes the record, it shall mail to each property owner whose name appears in the record notice of the amount of taxes levied on his property and the date and place at which the property owner may appear and contest the correctness and equitableness of the tax.

  204. Tex. Water Code Sec. 58.634. DECISION AFTER HEARING. After the hearing, the board shall determine whether or not the tax is equitable and shall sustain, reduce, or increase the tax to an amount which in the board's judgment is equitable. The decision of the board is final.

  205. Tex. Water Code Sec. 58.635. METHOD OF TAXATION FOR DISTRICT NOT UNDER CONTRACT WITH THE UNITED STATES. If a district which is not operating under contract with the United States adopts the benefit basis plan for taxation, the levy, assessment, equalization of property values, and collection of taxes shall be made in the manner provided in Sections 58.636-58.648 of this code.

  206. Tex. Water Code Sec. 58.636. COMMISSIONERS OF APPRAISEMENT. As soon as practicable after the approval of the engineer's report and the adoption of the plan for improvements to be constructed, the board shall appoint three disinterested commissioners of appraisement. The commissioners shall be freeholders but not owners of land within the district which they represent.

  207. Tex. Water Code Sec. 58.637. COMPENSATION OF COMMISSIONERS. On approval by the board, each commissioner is entitled to receive $25 a day for each day he actually serves, plus all necessary expenses.

  208. Tex. Water Code Sec. 58.638. NOTICE OF APPOINTMENT AND MEETING. Immediately after the commissioners of appraisement are appointed, the secretary of the board shall give written notice to each appointee of his appointment and of the time and place of the first meeting of the commissioners.

  209. Tex. Water Code Sec. 58.639. FIRST MEETING OF COMMISSIONERS.

  210. Tex. Water Code Sec. 58.640. ASSISTANCE FOR COMMISSIONERS. Within 30 days after the commissioners qualify and organize, they shall begin to perform their duties, and in the exercise of their duties they may obtain legal advice and information relative to their duties from the district's attorney and, if necessary, may require the presence of the district engineer or one of his assistants at any time and for as long as necessary to properly perform their duties.

  211. Tex. Water Code Sec. 58.641. VIEWING LAND AND OTHER PROPERTY AND IMPROVEMENTS IN DISTRICT. The commissioners shall view the land in the district which will be affected by the district's reclamation plans and shall assess the amount of the benefits and damages that will accrue to the irrigable land in the district from the construction of the improvement.

  212. Tex. Water Code Sec. 58.642. COMMISSIONERS REPORT.

  213. Tex. Water Code Sec. 58.643. NOTICE OF HEARING.

  214. Tex. Water Code Sec. 58.644. HEARING.

  215. Tex. Water Code Sec. 58.645. WITNESSES AT THE HEARING. At the hearing, interested parties may appear in person or by attorney and are entitled, on demand, to have the chairman of the commissioners of appraisement issue process for witnesses. The commissioners shall have the same power as a court of record to enforce the attendance of witnesses.

  216. Tex. Water Code Sec. 58.646. COSTS OF HEARING. The commissioners may adjudge and apportion the costs of the hearing in any manner they consider equitable.

  217. Tex. Water Code Sec. 58.647. COMMISSIONERS' DECREE.

  218. Tex. Water Code Sec. 58.648. EFFECT OF FINAL JUDGMENT AND DECREE. The final judgment and decree of the commissioners shall form the basis for all taxation in the district. Taxes shall be apportioned and levied on each tract of irrigable land in the district in proportion to the net benefits to the land stated in the final judgment and decree.

  219. Tex. Water Code Sec. 58.649. FIXING TAX AS EQUAL SUM ON EACH ACRE. At the election at which the plan of taxation is determined or at any other time before the bonds are issued, the voters of any district operating under the provisions of Article XVI, Section 59, of the Texas Constitution, may vote on the proposition of whether or not benefits for tax purposes shall be fixed as an equal sum on each acre of land that is irrigated or to be irrigated by gravity flow from the canal system of the district. The benefit per acre shall be voted on as it is applied to land in the district that can be irrigated by gravity flow from the irrigation system, and also the benefit to land in the district that cannot be irrigated by gravity flow.

  220. Tex. Water Code Sec. 58.650. ELECTION.

  221. Tex. Water Code Sec. 58.651. SETTING ANNUAL VALUE OF LAND UNNECESSARY. If the district adopts the uniform acreage valuation for taxation, the valuation shall be applied to all irrigable land in the district, and it is not necessary to annually fix the value of the land. It is also unnecessary for the board to appoint a commission to ascertain or fix the value of the improvement to particular land.

  222. Tex. Water Code Sec. 58.652. PREPARING TAX ROLLS.

  223. Tex. Water Code Sec. 58.653. RENDITION OF PROPERTY. Land which is taxed on the uniform acreage valuation shall be rendered for taxation as subject to irrigation. When land is rendered, the value need not be stated, and it is unnecessary for the person rendering the property to include the value of the land in an affidavit or for the assessor and collector to set a value on the land.

  224. Tex. Water Code Sec. 58.654. LAW GOVERNING ADMINISTRATION OF BENEFIT TAX PLAN. In a district that levies taxes on a benefit basis, the rate of taxation and the assessment and collection of taxes shall be governed by the law relating to ad valorem taxes to the extent applicable.

  225. Tex. Water Code Sec. 58.655. IRRIGATING NONIRRIGABLE LAND. If land which is classified as nonirrigable is later irrigated by the district, before the owner of the land receives the water, he shall pay to the district an amount equal to the entire amount that would have been charged to the owner if the land had been originally classified as irrigable.

  226. Tex. Water Code Sec. 58.702. EXCLUSION OF NONAGRICULTURAL AND NONIRRIGABLE LAND FROM THE DISTRICT. After the district is organized, acquires facilities with which to function as an irrigation district, and votes, issues, and sells bonds for the purposes for which the district was organized, land within the district subject to taxation which is not agricultural land or cannot be irrigated in a practicable manner may be excluded from the district by complying with the provisions of Sections 58.703-58.713 of this code. The land may also be excluded pursuant to the provisions contained in either Chapter 119, Acts of the 47th Legislature, Regular Session, 1941, as amended, or Chapter 86, Acts of the 62nd Legislature, Regular Session, 1971, in the same manner as if the district was a water control and improvement district.

  227. Tex. Water Code Sec. 58.703. PREREQUISITE TO APPLICATION FOR EXCLUSION. The owner of land in the district which is not agricultural land or cannot be irrigated in a practicable manner may apply for its exclusion from the district if all taxes levied and assessed by the district on the land to be excluded have been fully paid, including all bond tax and flat water rate assessment.

  228. Tex. Water Code Sec. 58.704. SUBSTITUTING LAND OF EQUAL ACREAGE AND VALUE. Land which can be irrigated in a practicable manner of at least equal acreage and equal value to the land being excluded must be added to the district simultaneously with the exclusion of the nonagricultural or nonirrigable land.

  229. Tex. Water Code Sec. 58.705. SECURING APPLICATION TO SUBSTITUTE LAND. The board may require an owner of land in the district who has applied for the exclusion of his nonagricultural or nonirrigable land from the district to procure an application of the owner of land adjoining the boundaries or the canals of the district, and capable of being irrigated in a practicable manner from the facilities of the district, for inclusion in the district of his land in an amount and value at least equal to the land which is to be excluded under the application of the owner of nonagricultural or nonirrigable land. Each application shall set forth the facts concerning the land to be excluded from and the land to be added to the district, including evidence of their reasonable market value.

  230. Tex. Water Code Sec. 58.706. APPLICATION OF OWNER OF NEW LAND TO BE SUBSTITUTED. The owner of the new land to be added shall submit an application setting forth that the owner of the new land assumes the payment of all taxes to be levied on his land by the district after the date the land is added to the district. The application also shall set forth an agreement by the owner of the new land that the land will be subject to future taxes for bond tax and flat rate and all other assessments levied and assessed by the district as though the land had been incorporated originally in the district. The application also shall contain an agreement by the owner of the new land that the land will be subject to the same liens and provisions as all other land in the district and subject to the statutes governing all other land in the district.

  231. Tex. Water Code Sec. 58.707. CONSENT OF OUTSTANDING BONDHOLDERS.

  232. Tex. Water Code Sec. 58.708. NOTICE OF HEARING ON APPLICATIONS. The board shall give notice of the hearing on the applications by publishing the time, place, and nature of the hearing one time in a newspaper published in a county in which all or part of the district is located. The newspaper must have been published regularly for more than 12 months preceding the date of the publication of the notice and must have circulation in the district. The notice shall be published not less than 10 days nor more than 20 days before the date of the hearing.

  233. Tex. Water Code Sec. 58.709. HEARING PROCEDURE. The board shall hear all interested parties and all evidence in connection with the applications.

  234. Tex. Water Code Sec. 58.710. BOARD'S RESOLUTION TO SUBSTITUTE LAND. If the board finds that all the conditions provided for the exclusion of land and inclusion of other land in the district exist, it may adopt and enter in its minutes a resolution to exclude land which is nonagricultural or nonirrigable in a practicable manner and include land which may be irrigated from the facilities of the district in a practicable manner.

  235. Tex. Water Code Sec. 58.711. LIABILITY OF EXCLUDED AND INCLUDED LAND. The land excluded from the district is free from any lien or liability created on the excluded land by reason of its having been included in the district. Land added to the district is subject to all laws, liens, and provisions governing the district and the land in the district.

  236. Tex. Water Code Sec. 58.712. DUTY TO ADVISE COMMISSION. The board shall furnish the commission a detailed description of the land excluded and a detailed description of the land included within 30 days after the exclusion and inclusion of land under the provisions of Sections 58.702-58.711 of this code.

  237. Tex. Water Code Sec. 58.713. RIGHT TO SERVE NEW LAND INCLUDED IN DISTRICT. The district has the same right to furnish water service to the included land that it previously had to furnish service to the excluded land. The mere inclusion of a larger total acreage than that excluded does not give the district the right to irrigate a larger total acreage or to appropriate a larger quantity or volume of public water for irrigation than the district would have had the right to irrigate or to appropriate before the exclusion and inclusion of the land.

  238. Tex. Water Code Sec. 58.726. CONSOLIDATION OF DISTRICTS. Two or more districts governed by the provisions of this chapter may consolidate into one district as provided by Sections 58.727-58.730 of this code.

  239. Tex. Water Code Sec. 58.727. ELECTIONS TO APPROVE CONSOLIDATION.

  240. Tex. Water Code Sec. 58.728. GOVERNING CONSOLIDATED DISTRICTS.

  241. Tex. Water Code Sec. 58.729. DEBTS OF ORIGINAL DISTRICTS. After two or more districts are consolidated, the debts of the original districts are protected and are not impaired. These debts may be paid by taxes or assessments levied on the land in the original districts as if they had not consolidated or contributions from the consolidated district on terms stated in the consolidation agreement.

  242. Tex. Water Code Sec. 58.730. ASSESSMENT AND COLLECTION OF TAXES. After consolidation, the officers of the consolidated district shall assess and collect taxes on property in the original district to pay debts created by the original district.

  243. Tex. Water Code Sec. 58.731. EXCLUSION OF CERTAIN NONIRRIGATED LAND. The board may exclude from the district land that is not being irrigated as provided by Sections 51.759 through 51.766. This section applies only to land that is eligible for exclusion under Section 51.759.

  244. Tex. Water Code Sec. 58.781. DISSOLUTION OF DISTRICT PRIOR TO ISSUANCE OF BONDS.

  245. Tex. Water Code Sec. 58.782. NOTICE OF HEARING. The board shall post notice of the hearing on the bulletin board at the courthouse door of each county in which the district is located and at three or more other public places within the boundaries of the district. The notice must be posted at least 10 days before the hearing on the proposed dissolution of the district.

  246. Tex. Water Code Sec. 58.783. HEARING. The board shall hear all interested persons and shall consider their evidence at the time and place stated in the notice.

  247. Tex. Water Code Sec. 58.784. BOARD'S ORDER TO CONTINUE OR DISSOLVE DISTRICT. The board shall determine from the evidence whether the best interests of the persons, land, and property in the district will be promoted by prosecuting the district's plans or whether the best interests of the persons and property in the district will be served by dissolving the district, and the board shall enter the appropriate findings and order in the record.

  248. Tex. Water Code Sec. 58.785. JUDICIAL REVIEW OF BOARD'S ORDER. The board's decree to continue or to dissolve the district shall be final and cannot be judicially reviewed except on the ground of fraud, palpable error, or gross abuse of discretion.

  249. Tex. Water Code Sec. 58.786. APPOINTMENT OF TRUSTEE.

  250. Tex. Water Code Sec. 58.787. DISCHARGE OF DISTRICT'S OBLIGATIONS BY TRUSTEES.

  251. Tex. Water Code Sec. 58.788. DISCHARGE OF TRUSTEE. The trustee shall be discharged when all obligations of the district are paid and the trustee's account is verified and settled.

  252. Tex. Water Code Sec. 58.789. FINAL ORDER OF DISSOLUTION. After all obligations are paid and the trustee is discharged, the board shall enter its final order of dissolution and record the final order in the deed records of the county or counties in which the district is located.

  253. Tex. Water Code Sec. 58.790. WATER RIGHTS OF DISSOLVED DISTRICT. Water rights held from the state shall revert to the state and may not be assigned by the district in anticipation of dissolution.

  254. Tex. Water Code Sec. 58.791. TAXES IN EXCESS OF DISTRICT'S OBLIGATIONS.

  255. Tex. Water Code Sec. 58.793. DISSOLUTION OF DISTRICT FOR FAILURE TO COMPLETE PLANT. Subject to the provisions of Subchapter G of Chapter 50 of this code, if a district has not within 10 years from the date of its creation commenced and completed the construction of a plant and improvements to carry out the purposes of its creation in accordance with the plans adopted by the district, the board may enter a resolution in its minutes to dissolve the district under the provisions of Sections 58.794-58.828 of this code. After compliance with these provisions, a vote of the electors of the district, and the payment of its valid, enforceable indebtedness, the district may be dissolved.

  256. Tex. Water Code Sec. 58.794. RESOLUTION TO DISSOLVE DISTRICT. The board shall find in its resolution to dissolve the district that the plans of the district are impracticable or that the purposes of the district should be abandoned and shall state the reasons for the finding.

  257. Tex. Water Code Sec. 58.795. STATEMENTS OF INDEBTEDNESS AND EXPENSES. The board shall prepare or have prepared and shall approve a statement of all valid, enforceable indebtedness of the district and shall enter the statement in the minutes. The board shall prepare or have prepared an estimate of all expenses incurred or to be incurred in the dissolution of the district and in the collection of sufficient taxes to pay all valid, enforceable indebtedness of the district.

  258. Tex. Water Code Sec. 58.796. ELECTION TO APPROVE DISSOLUTION OF DISTRICT AND ISSUANCE OF DISSOLUTION BONDS. The board shall enter an order calling an election to determine whether or not the district shall be dissolved and bonds issued to pay the district's indebtedness and estimated expenses.

  259. Tex. Water Code Sec. 58.797. MAXIMUM AMOUNT, INTEREST RATE, AND MATURITY OF BONDS. The maximum amount of bonds to be voted on and issued shall not be more than the total amount of the approved valid, enforceable indebtedness and the estimate of expenses, exclusive of the estimated cost of collection of taxes. The maximum amount of bonds, exclusive of interest and expenses of collection, to be issued for fees and expenses of dissolution of the district shall not be more than an amount equal to $2 times the number of acres in the district. The bonds shall mature serially over a period of not more than seven years.

  260. Tex. Water Code Sec. 58.798. NOTICE OF ELECTION.

  261. Tex. Water Code Sec. 58.799. PROCEDURE FOR HOLDING ELECTION.

  262. Tex. Water Code Sec. 58.800. ISSUANCE AND SALE OF DISSOLUTION BONDS.

  263. Tex. Water Code Sec. 58.801. DESTROYING UNSOLD BONDS. If a majority of the electors at the election vote in favor of the dissolution of the district, the board shall destroy all unsold bonds of the district and enter an order cancelling all unissued and unsold bonds authorized by the electors. After the destruction and the entry of the order, the bonds shall have no further force or effect.

  264. Tex. Water Code Sec. 58.802. BOARD'S AUTHORITY TO CONTRACT. The board may contract with trustees, engineers, attorneys, and others it considers necessary or desirable to properly liquidate and wind up the affairs of the district. The board also may assume obligations made by others for the benefit of the district, or from which the district benefited, which in its judgment may be fair and equitable.

  265. Tex. Water Code Sec. 58.803. TAX TO PAY DISSOLUTION BONDS. The order issuing the dissolution bonds shall provide that the principal of and interest on the bonds shall be payable from the proceeds of a tax to be levied on the taxable property located in the district. The tax shall be in an amount sufficient for the payment of the principal and interest.

  266. Tex. Water Code Sec. 58.804. DETERMINING AMOUNT OF TAX.

  267. Tex. Water Code Sec. 58.805. PAYMENT OF TAX. The amount of the tax on the taxable property of each owner shall be payable in equal annual installments, during the period in which the bonds mature, on dates specified in the order issuing the bonds.

  268. Tex. Water Code Sec. 58.806. ADVANCE PAYMENT OF TAXES IN CASH. The order issuing the bonds shall provide that a property owner may secure release of the entire amount of his taxable property as assessed on the rolls from the tax levied for the dissolution bonds by the payment in cash of the full amount of tax.

  269. Tex. Water Code Sec. 58.807. COMPUTING AMOUNT OF ADVANCE CASH PAYMENT.

  270. Tex. Water Code Sec. 58.808. SURRENDER OF BONDS IN PAYMENT OF TAXES. The order issuing the bonds shall provide that any of the bonds with all unmatured interest and all appurtenant coupons may be surrendered at any time in payment of all unpaid installments of the taxes. The amount of taxes found to be due by the method provided in Section 58.809 of this code may be discharged by the surrender of the proper amount of dissolution bonds, together with all unpaid appurtenant interest coupons at the face value of the bonds and coupons.

  271. Tex. Water Code Sec. 58.809. COMPUTING AMOUNT OF PAYMENT MADE BY SURRENDERING BONDS.

  272. Tex. Water Code Sec. 58.810. USE BY TRUSTEE OF ADVANCE PAYMENTS OF TAX. The order issuing the bonds shall provide that the bonds shall be called and redeemed by the trustee in the inverse order of their maturity and in the inverse order of their serial numbers. They shall be paid out of any funds received in advance payment of taxes that are not required for meeting any past-due and unpaid principal and interest or the next maturing installment of principal and interest.

  273. Tex. Water Code Sec. 58.811. APPROVAL AND REGISTRATION OF DISSOLUTION BONDS. After the dissolution bonds are issued by the board and before they are put in circulation, the bonds, at the option of the board, shall either be submitted to and approved by the attorney general and registered by the comptroller as provided in Sections 58.446-58.448 of this code or be validated by suit as provided in Sections 58.453-58.461 of this code. The provisions of these sections of this code which are not inconsistent with the provisions of this subchapter are applicable to the dissolution bonds provided for in this subchapter.

  274. Tex. Water Code Sec. 58.812. PREPARING TAX ROLL. Before the issuance and delivery of the bonds, a tax roll shall be prepared in the manner provided by the Property Tax Code.

  275. Tex. Water Code Sec. 58.814. NOTICE OF MEETING AS BOARD OF EQUALIZATION.

  276. Tex. Water Code Sec. 58.815. MEETING AS BOARD OF EQUALIZATION. At the time and place stated in the notice, the board shall meet and examine the tax roll. The board shall equalize as nearly as possible the value of all property for taxation and fix the value of all property for taxation.

  277. Tex. Water Code Sec. 58.816. AUTHORITY AND PROCEDURE AS BOARD OF EQUALIZATION.

  278. Tex. Water Code Sec. 58.817. APPROVING TAX ROLL. After the board of equalization finally fixes the valuation of all taxable property in the district and the tax roll of the district is finally prepared, the board shall meet and consider the tax roll, make all necessary corrections in the tax roll, and endorse its approval on the roll.

  279. Tex. Water Code Sec. 58.818. APPROVED TAX ROLL NOT SUBJECT TO REVISION. The action of the board in finally approving the tax roll is final and is not subject to revision by the board or any other tribunal.

  280. Tex. Water Code Sec. 58.820. COLLECTION OF DISSOLUTION TAXES. The county assessor and collector shall collect the taxes shown on the tax roll on the land located in the county for which he is assessor and collector.

  281. Tex. Water Code Sec. 58.821. APPOINTMENT OF TRUSTEE.

  282. Tex. Water Code Sec. 58.822. AUTHORITY OF THE TRUSTEE. The trustee shall receive from the assessor and collector all proceeds from the assessments less the assessor and collector's charges and shall be the paying agent of the district for the bonds. The bonds shall be payable at the place of business of the trustee. The trustee shall be authorized by the order providing for the issuance of the bonds to institute suits in the name of the district for the use and benefit of the holders of the bonds and to apply all sums of money recovered in the suits to the payment of the bonds.

  283. Tex. Water Code Sec. 58.825. DEFAULT IN PAYMENT OF TAX INSTALLMENT.

  284. Tex. Water Code Sec. 58.826. PENALTY AND ATTORNEY'S FEE.

  285. Tex. Water Code Sec. 58.827. DISCHARGE OF LIEN.

  286. Tex. Water Code Sec. 58.828. DISTRICT CONSIDERED DISSOLVED.

  287. Tex. Water Code Sec. 58.829. DISSOLUTION OF DISTRICT IN COUNTIES OF LESS THAN 11,000 POPULATION. Subject to the provisions of Sections 50.251-50.256 of this code, a district located entirely in a county having a population of less than 11,000, according to the last preceding federal census, may be abolished by a majority vote of those entitled to vote and voting at an election held for the purpose of determining whether or not the district should be dissolved.

  288. Tex. Water Code Sec. 58.830. PETITION FOR DISSOLUTION OF DISTRICT. A petition for the dissolution of the district shall be filed with the board and shall state the name of the district and the purpose for which the election is requested. The petition may refer to the order establishing the district for boundaries, limits, and area of the district.

  289. Tex. Water Code Sec. 58.831. SIGNATURES ON PETITION. A petition for dissolution of the district may be signed and filed in two or more copies. The petition shall be signed by a majority in number of the property owners with land in the district and the property owners of a majority in value of the land in the district, as shown by the tax rolls of the district, or 50 landowners if the number of landowners in the district is more than 50.

  290. Tex. Water Code Sec. 58.832. PROCEDURE FOR HOLDING ELECTION.

  291. Tex. Water Code Sec. 58.833. ELECTION IN DISTRICT INCLUDING CITY, TOWN, OR MUNICIPAL CORPORATION. In an election to dissolve a district in which a city, town, or municipal corporation is located, the city, town, or municipal corporation shall be a separate voting precinct, and the ballots cast in the city, town, or municipal corporation shall be counted and canvassed to show the result of the election there. If the city, town, or municipal corporation votes against the dissolution of the district and the balance of the district votes for the dissolution of the district, the district shall be dissolved.

  292. Tex. Water Code Sec. 58.834. SUBSEQUENT ELECTION. If the proposition to dissolve the district fails to carry at the election held for that purpose, no other election for the same purpose shall be held within one year after the date of the election.

  293. Tex. Water Code Sec. 58.835. DISTRICT DISSOLVED. If a majority of those voting at the election vote in favor of dissolving the district, the district shall be dissolved and shall have no further authority after the election, except that any debts incurred shall be paid and the organization shall be maintained until all the debts are paid.

  294. Tex. Water Code Sec. 58.836. TAXES TO PAY INDEBTEDNESS AFTER DISSOLUTION. If a district has outstanding bonds or other indebtedness maturing beyond the current year in which the dissolution occurs, the commissioners court of the county in which the district is located shall levy and have collected, as county taxes are assessed and collected, sufficient taxes on all taxable property in the district to pay the principal of and interest on the bonds and other indebtedness when due.

Chapter 59

  1. Tex. Water Code Sec. 59.001. PURPOSE AND APPLICATION.

  2. Tex. Water Code Sec. 59.002. DEFINITIONS.

  3. Tex. Water Code Sec. 59.003. CREATION OF DISTRICT.

  4. Tex. Water Code Sec. 59.004. PURPOSES OF DISTRICT. A district shall be created:

  5. Tex. Water Code Sec. 59.005. MATCHING FUNDS GUARANTEES. If the Texas Water Development Board requires that matching funds be provided as a condition for receiving a loan or grant from the Texas Water Development Board from research and planning funds, the matching funds may not be provided through a guarantee of matching funds by any individual who has a financial interest in the regional district or who will receive any direct financial benefit from a regional district project.

  6. Tex. Water Code Sec. 59.006. CONSENT OF CITY.

  7. Tex. Water Code Sec. 59.007. GRANTING OR REFUSING PETITION; EXCLUSION OF TERRITORY.

  8. Tex. Water Code Sec. 59.021. DIRECTORS.

  9. Tex. Water Code Sec. 59.022. ABILITY TO SET RATES. The district may charge rates to persons and entities located outside the district's boundaries on terms, rates, and charges the board of directors may determine to be advisable. In setting rates for out-of-district customers, the board shall set rates sufficient to enable it to meet operation and maintenance expenses and to pay the principal of and interest on debt issued in connection with providing service and to provide a reasonable reserve for replacements to the district. In setting rates, the district may take into consideration past operation and debt service expenses.

  10. Tex. Water Code Sec. 59.023. ISSUANCE OF BONDS. The district may issue bonds for the purpose of purchasing, constructing, acquiring, owning, operating, repairing, improving, or extending any district works, improvements, facilities, plants, equipment, and appliances needed to accomplish the purposes of the district, including works, improvements, facilities, plants, equipment, and appliances needed to provide a waterworks system, sanitary sewer system, storm sewer system, solid waste disposal system, and parks and recreational facilities. Prior to issuing bonds or other obligations, a confirmation election must be held in accordance with Chapter 49, and a majority of voters must approve the establishment of the district.

  11. Tex. Water Code Sec. 59.024. EXCLUSION OF CERTAIN MUNICIPAL DISTRICTS.

  12. Tex. Water Code Sec. 59.025. CONFIRMATION ELECTION.

  13. Tex. Water Code Sec. 59.051. ADDING LAND BY PETITION OF LESS THAN ALL LANDOWNERS. In addition to the method of adding land to a district described in Section 59.052, defined areas of land, regardless of whether they are contiguous to the district, may be annexed to the district in the manner provided in Chapter 49.

  14. Tex. Water Code Sec. 59.052. FILING OF PETITION. A petition requesting the annexation of a defined area that is signed by a majority in value of the owners of land in the defined area, as shown by the tax rolls of the county or counties in which that area is located, that is signed by 50 landowners if the number of landowners is more than 50, that is signed by the single landowner of 2,000 or more acres of land in the area, or that is signed by a majority of the governing body of a municipal district, a county, or a city requesting annexation shall be filed with the secretary of the board.

  15. Tex. Water Code Sec. 59.053. DISSOLUTION OF DISTRICT BEFORE ISSUANCE OF BONDS.

  16. Tex. Water Code Sec. 59.054. JUDICIAL REVIEW OF BOARD'S ORDER. The board's order to dissolve the district may be judicially reviewed as provided in Chapter 49.

  17. Tex. Water Code Sec. 59.071. ANNEXATION OR INCORPORATION BY CITY.

  18. Tex. Water Code Sec. 59.072. OTHER LAWS.

Chapter 60

  1. Tex. Water Code Sec. 60.001. DEFINITIONS. In this chapter:

  2. Tex. Water Code Sec. 60.002. AUDIT. Subchapter G, Chapter 49, related to audit of districts, shall apply to districts governed by this chapter.

  3. Tex. Water Code Sec. 60.003. AUTHORITY TO CONTRACT FOR THE OPERATION OR DEVELOPMENT OF A DISTRICT. A district may contract with any person, foreign or domestic, necessary or convenient to the operation or development of the district's ports and waterways.

  4. Tex. Water Code Sec. 60.004. ACT OR PROCEEDING OF DISTRICT PRESUMED VALID.

  5. Tex. Water Code Sec. 60.005. EXEMPTION FROM TAXATION AND SPECIAL ASSESSMENTS. The property of a district is public property used for essential public and governmental purposes. The district and the district's property are exempt from all taxes and special assessments imposed by this state or a political subdivision of this state.

  6. Tex. Water Code Sec. 60.011. CREATION OF RETIREMENT, DISABILITY, AND DEATH COMPENSATION FUND.

  7. Tex. Water Code Sec. 60.013. ELIGIBILITY FOR OTHER PENSION FUNDS. The recipients or beneficiaries of a fund created under Section 60.011 of this code shall not be eligible for any other pension retirement funds or direct aid from the State of Texas unless the fund provided for in Section 60.011 of this code is released to the State of Texas as a condition precedent to receiving the other pension aid.

  8. Tex. Water Code Sec. 60.014. HOSPITALIZATION AND MEDICAL BENEFITS.

  9. Tex. Water Code Sec. 60.021. DEFINITIONS. In this subchapter:

  10. Tex. Water Code Sec. 60.022. ESTABLISHMENT OF EMPLOYEE CATASTROPHIC ASSISTANCE PROGRAM.

  11. Tex. Water Code Sec. 60.023. EMPLOYEE CONTRIBUTION TO DISTRICT ASSISTANCE FUND.

  12. Tex. Water Code Sec. 60.024. TRANSFERS FROM DISTRICT ASSISTANCE FUND TO EMPLOYEES.

  13. Tex. Water Code Sec. 60.031. APPLICATION OF SUBCHAPTER.

  14. Tex. Water Code Sec. 60.032. AUTHORITY TO CONSTRUCT IMPROVEMENTS. The district may construct out of any of its funds, except interest and sinking funds, turning, storage, or yacht basins, harbors, or any facilities which may, in the judgment of the commission, be necessary or useful in the development and utilization of a waterway project for navigation purposes or in aid of navigation purposes. The district may own or lease dredges and other equipment for the construction or maintenance of those projects.

  15. Tex. Water Code Sec. 60.033. USE OF EQUIPMENT.

  16. Tex. Water Code Sec. 60.034. OIL, GAS, AND MINERAL LEASES. The commission may lease for oil, gas, and minerals rights-of-way, spoil grounds, spoil basins, or any other land owned by a navigation district if it does not interfere with use of or obstruct any natural or artificial waterway of the district used for navigation purposes.

  17. Tex. Water Code Sec. 60.035. NOTICE OF CERTAIN OIL, GAS, AND MINERAL LEASES.

  18. Tex. Water Code Sec. 60.036. SECURITY FOR BID ON OIL, GAS, OR MINERAL LEASES. Each bid submitted shall be accompanied by a certified check, cashier's check, or bidder's bond with a responsible corporate surety authorized to do business in Texas. The check or bond shall be in an amount equal to the first rental payment and bonus offered for the lease over and above the royalty and shall guarantee that the bidder will perform the terms of his bid if it is accepted by the commission.

  19. Tex. Water Code Sec. 60.037. AWARD AND EXECUTION OF OIL, GAS, AND MINERAL LEASES.

  20. Tex. Water Code Sec. 60.038. DISPOSITION OF INTERESTS IN REAL PROPERTY.

  21. Tex. Water Code Sec. 60.0381. CONVEYANCE OF LAND BY CERTAIN NAVIGATION DISTRICTS.

  22. Tex. Water Code Sec. 60.039. SURFACE LEASE.

  23. Tex. Water Code Sec. 60.040. PUBLICATION OF NOTICE FOR SALES, EASEMENTS, AND LEASES IN EXCESS OF 50 YEARS.

  24. Tex. Water Code Sec. 60.041. SECURITY FOR BIDS ON REAL PROPERTY TO BE SOLD OR LEASED FOR MORE THAN 50 YEARS. Each bid submitted on real property to be sold or leased for more than 50 years under Section 60.040 shall be accompanied by a certified check, cashier's check, or bidder's bond with a responsible corporate surety authorized to do business in Texas. The check or bond shall be in an amount equal to five percent of the bid price for the real property or 100 percent of the first rental payment under the lease and shall guarantee that the bidder will perform the terms of the bid if it is accepted by the district.

  25. Tex. Water Code Sec. 60.042. AWARD AND EXECUTION OF DEED OR LEASE IN EXCESS OF 50 YEARS.

  26. Tex. Water Code Sec. 60.043. POWER OVER WATERWAYS.

  27. Tex. Water Code Sec. 60.044. LAW GOVERNING COMMISSION. The commission of any district operating under this subchapter shall be governed by the provisions of Sections 63.087-63.088 and 63.090-63.094 of this code.

  28. Tex. Water Code Sec. 60.071. GENERAL RULE-MAKING AUTHORITY. The commission of a district which owns, operates, and maintains wharves, docks, piers, sheds, warehouses, and other similar terminal facilities which are not located inside the boundaries of any incorporated city, town, or village may pass, amend, and repeal any ordinance, rule, or police regulation which is not contrary to the constitution or laws of this state and which is necessary to protect the property and to promote the health, safety, and general welfare of persons using the property.

  29. Tex. Water Code Sec. 60.072. SPECIFIC POWERS OF DISTRICTS. To accomplish the purposes stated in Section 60.071 of this code, the commission may exercise the following powers:

  30. Tex. Water Code Sec. 60.0725. NUISANCES; POLLUTION. The commission may suppress and prevent nuisances, pollution, and improper disposal of materials on any district property to:

  31. Tex. Water Code Sec. 60.0726. FIRES, EXPLOSIONS, AND HAZARDOUS MATERIALS INCIDENTS. A district may respond to and fight a fire, explosion, or hazardous material incident that occurs on or adjacent to a waterway, channel, or turning basin that is located in the district's territory, regardless of whether the waterway, channel, or turning basin is located in the corporate limits of a municipality.

  32. Tex. Water Code Sec. 60.073. ENFORCEMENT. The commission may provide by ordinance for the enforcement of the provisions of this subchapter and of any ordinance, rule, or regulation made under this subchapter.

  33. Tex. Water Code Sec. 60.074. STYLE OF ORDINANCES. The style of an ordinance enacted by the commission shall be: "Be it ordained by the navigation and canal commissioners of the __________" (inserting the name of the navigation district).

  34. Tex. Water Code Sec. 60.075. PUBLICATION OF ORDINANCE, RULE, OR REGULATION; PROOF OF PUBLICATION.

  35. Tex. Water Code Sec. 60.076. CONFLICT WITH LAW. No ordinance, rule or regulation adopted by a district under this subchapter may conflict with any law, statute, rule, or regulation of this state.

  36. Tex. Water Code Sec. 60.077. AUTHORITY OF PEACE OFFICERS.

  37. Tex. Water Code Sec. 60.0775. POLICE RESERVE FORCE.

  38. Tex. Water Code Sec. 60.078. PENALTIES. A violation of this subchapter or of an ordinance, rule, or regulation adopted by a district under this subchapter is a misdemeanor, and the commission may provide for the punishment of the misdemeanor by a fine of not more than $500 for each offense or violation.

  39. Tex. Water Code Sec. 60.079. JURISDICTION OF VIOLATIONS. Any justice court in the justice precinct in which an offense under this subchapter is alleged to have been committed or in any county court at law in the county where an offense is alleged to have been committed, which county court at law has concurrent original jurisdiction with the justice court, shall have original jurisdiction of any misdemeanor or violation under this subchapter and original jurisdiction of any violation of an ordinance, rule, or regulation made under this subchapter.

  40. Tex. Water Code Sec. 60.101. ACQUISITION AND MAINTENANCE OF PORT FACILITIES.

  41. Tex. Water Code Sec. 60.102. UTILITY RELOCATION.

  42. Tex. Water Code Sec. 60.1021. RELOCATION OR REMOVAL OF DREDGED SPOILS OR MATERIALS.

  43. Tex. Water Code Sec. 60.103. PRESCRIBING FEES AND CHARGES. The district shall prescribe fees and charges to be collected for the use of the land, improvements, and facilities of the district and for the use of any land, improvements, or facilities acquired under the provisions of this subchapter. The fees and charges shall be reasonable, equitable, and sufficient to produce revenue necessary to exercise the powers described by Section 60.101 and adequate to pay the expenses described by Section 60.105.

  44. Tex. Water Code Sec. 60.104. POWER TO BORROW MONEY.

  45. Tex. Water Code Sec. 60.105. EXPENSES TO BE PAID FROM CURRENT REVENUES.

  46. Tex. Water Code Sec. 60.106. PLEDGE OF REVENUE FOR PAYMENT OF OBLIGATIONS.

  47. Tex. Water Code Sec. 60.107. MORTGAGE AS ADDITIONAL SECURITY.

  48. Tex. Water Code Sec. 60.108. ISSUANCE OF OBLIGATIONS.

  49. Tex. Water Code Sec. 60.109. SINKING FUND.

  50. Tex. Water Code Sec. 60.110. REVENUE SET ASIDE FOR SINKING FUND.

  51. Tex. Water Code Sec. 60.111. DEPOSIT OF PROCEEDS OF OBLIGATIONS; PAYMENT.

  52. Tex. Water Code Sec. 60.112. INSURING IMPROVEMENTS TO PROTECT HOLDERS OF OBLIGATIONS.

  53. Tex. Water Code Sec. 60.113. COMPELLING PERFORMANCE OF DUTIES. A holder of obligations issued under this subchapter or coupons originally attached to the obligations may by any legal proceeding enforce and compel performance of all duties required by this subchapter to be performed by the commission. The duties which can be the basis of an action under this section shall include:

  54. Tex. Water Code Sec. 60.114. OBLIGATIONS EXEMPT FROM TAXATION. Any obligations issued under this subchapter shall be exempt from taxation by the State of Texas, any municipal corporation, any county, and or any other political subdivision or taxing district of the state.

  55. Tex. Water Code Sec. 60.115. REFUNDING OBLIGATIONS.

  56. Tex. Water Code Sec. 60.116. APPROVAL AND REGISTRATION OF BONDS.

  57. Tex. Water Code Sec. 60.117. BONDS AS INVESTMENTS. Bonds authorized and issued under this subchapter are legal and authorized investments for life insurance companies authorized to do business in Texas.

  58. Tex. Water Code Sec. 60.118. BOARD OF TRUSTEES OF FACILITY.

  59. Tex. Water Code Sec. 60.119. COVENANTS FOR MANAGEMENT AND OPERATION OF IMPROVEMENTS.

  60. Tex. Water Code Sec. 60.120. CONTRACTS, LEASES, AND AGREEMENTS AUTHORIZED.

  61. Tex. Water Code Sec. 60.121. CONVERSION OF DISTRICT.

  62. Tex. Water Code Sec. 60.122. IMPROVEMENTS NOT PAYABLE FROM TAXES.

  63. Tex. Water Code Sec. 60.123. PILOT AND PILOTAGE LAWS UNAFFECTED. No provision of this subchapter may be construed to amend, repeal, or affect the laws relating to pilots and pilotage or their appointment and remuneration.

  64. Tex. Water Code Sec. 60.124. GIFTS, GRANTS, AND DONATIONS. A district may accept a gift, grant, donation, or bequest of money, services, equipment, goods, or other tangible or intangible property from any source for any district purpose.

  65. Tex. Water Code Sec. 60.151. PURPOSE. It is the purpose and intent of this subchapter to confer on districts individually, jointly, or mutually interested in a navigation project, including a project relating to improvements and facilities described in Sections 60.032 and 60.101 of this code, the fullest possible power of contract with regard to navigation or other projects of individual or common interest.

  66. Tex. Water Code Sec. 60.152. AUTHORITY TO ENTER INTO CONTRACT.

  67. Tex. Water Code Sec. 60.153. EXECUTION OF CONTRACTS. A contract entered into by a district under this subchapter shall be approved by resolution of the commission and executed by the presiding officer of the commission, the executive director of the district, or an authorized representative of the executive director.

  68. Tex. Water Code Sec. 60.171. AUTHORITY TO BORROW MONEY AND ENCUMBER PROPERTY AND FRANCHISE.

  69. Tex. Water Code Sec. 60.172. NOTICE OF HEARING ON INDEBTEDNESS.

  70. Tex. Water Code Sec. 60.173. HEARING ON INDEBTEDNESS.

  71. Tex. Water Code Sec. 60.174. ISSUANCE OF OBLIGATIONS.

  72. Tex. Water Code Sec. 60.175. EXECUTION AND SALE OF OBLIGATIONS.

  73. Tex. Water Code Sec. 60.176. OBLIGATIONS AS CHARGE ON ENCUMBERED PROPERTY AND FACILITIES.

  74. Tex. Water Code Sec. 60.177. LIEN ON REVENUE; FORECLOSURE OF ENCUMBRANCE.

  75. Tex. Water Code Sec. 60.178. TRUSTEE TO ENFORCE FORECLOSURE; FRANCHISE UNDER FORECLOSURE.

  76. Tex. Water Code Sec. 60.179. BORROWING FOR CURRENT EXPENSES. The district may borrow funds and issue warrants to pay current expenses. The warrants issued shall be payable not later than the close of any calendar year for which loans are made and may not exceed in total the anticipated revenue of the district.

  77. Tex. Water Code Sec. 60.180. MANAGEMENT AND CONTROL BY COMMISSION. The management and control of any property and facilities encumbered under the provisions of this subchapter shall, during the time of the encumbrance, be exercised by the commission.

  78. Tex. Water Code Sec. 60.181. PROCEEDINGS TO BORROW MONEY.

  79. Tex. Water Code Sec. 60.201. PURPOSE. Districts in this state which operate ports or waterways and harbor and terminal facilities are in keen competition with other ports, waterways, harbors, and terminals outside the state and with privately owned port and terminal facilities inside the state. Well-situated and well-equipped ports and waterways in other nearby states and owners of substantial port and terminal facilities located inside and outside the state are advertising, promoting and developing their competing ports, waterways, harbors, and terminals through expenditure of large amounts of money without any audit or restriction on expenditure of the money. This activity or expenditure is thwarting and impeding the use, progress, and development of the ports, waterways, harbors, and terminals of this state. Continuation of this hardship and injustice can best be met and coped with by more liberal use of some relatively small fund set aside from the gross income from operations of the ports of this state to be used in the manner provided in this subchapter.

  80. Tex. Water Code Sec. 60.202. CREATION OF FUND. A district organized under general or special law may set aside out of current income from its operations a promotion and development fund of not more than five percent of its gross income from operations in each calendar year.

  81. Tex. Water Code Sec. 60.203. EXPENDITURE OF FUND. Money in the promotion and development fund shall be spent by the commission or as the commission may direct to pay any expenses connected with:

  82. Tex. Water Code Sec. 60.204. MANAGEMENT AND CONTROL OF PROMOTION AND DEVELOPMENT FUND.

  83. Tex. Water Code Sec. 60.205. OTHER EXPENSES NOT AFFECTED. Since this subchapter authorizes disbursements from the promotion and development fund for unusual purposes and occasions not covered by other law, the setting aside of the fund and disbursements from the fund shall not affect payment of other expenses customarily approved, audited, and paid out of the regular funds of the district.

  84. Tex. Water Code Sec. 60.221. MODIFICATION OF REVENUE BOND RESOLUTION. If a district adopts a resolution for the issuance of revenue bonds, provision may be made in the resolution for its modification after the issuance of the bonds in the manner and with the consent of the holders of a fixed percentage of the bonds if provided in the resolution before the issuance of the bonds.

  85. Tex. Water Code Sec. 60.241. AUTHORITY TO CONVERT. Any district created under the provisions of Article III, Section 52, of the Texas Constitution may be converted into a district operating under Article XVI, Section 59, of the Texas Constitution, in the manner provided in this subchapter.

  86. Tex. Water Code Sec. 60.242. RESOLUTION.

  87. Tex. Water Code Sec. 60.243. NOTICE OF RESOLUTION.

  88. Tex. Water Code Sec. 60.244. FINDINGS.

  89. Tex. Water Code Sec. 60.245. STATUS OF CONVERTED DISTRICT. A district which is converted under the provisions of this subchapter shall be constituted a district operating under Article XVI, Section 59, of the Texas Constitution and shall be governed by the provisions of Chapter 62 of this code as if it had originally been organized under Article XVI, Section 59, of the Texas Constitution, except the commissioners of a converted district shall be appointed in the manner that initial commissioners are appointed under Sections 62.061 and 62.062 of this code.

  90. Tex. Water Code Sec. 60.246. POWERS OF CONVERTED DISTRICT.

  91. Tex. Water Code Sec. 60.247. OPTIONAL ELECTION.

  92. Tex. Water Code Sec. 60.248. EFFECT OF ELECTION. If the commissioners court finds that a majority of those voting at the election voted in favor of the proposition, the court shall declare the results of the election to be in favor of conversion of the district and the levy of the annual maintenance tax and shall enter the results in its minutes. If the commissioners court finds that a majority of those voting at the election voted against the proposition, it shall declare the results of the election to be unfavorable to the conversion of the district and shall enter the results in its minutes.

  93. Tex. Water Code Sec. 60.249. EFFECT OF OPTIONAL CONVERSION.

  94. Tex. Water Code Sec. 60.271. SELECTION OF DEPOSITORY.

  95. Tex. Water Code Sec. 60.272. DEPOSITORY BOND. The depository shall have all the powers and duties in the execution of a depository bond and in pledging of collateral in lieu of or in addition to a personal surety or surety company bond as provided by law for a county depository.

  96. Tex. Water Code Sec. 60.273. TREASURER'S BOND. After the depository executes the bond and it is approved by the commission, the county treasurer shall be required to execute only such a bond as required by the commission.

  97. Tex. Water Code Sec. 60.301. AUTHORITY TO ISSUE REFUNDING BONDS. The governing body of any district may refund the bonded indebtedness of the district without a vote of the electors of the district in the manner provided by law for counties, cities, and towns and may refund the bonded indebtedness owned by the State Board of Education in the manner provided for independent school districts incorporated for free school purposes only.

  98. Tex. Water Code Sec. 60.331. CLASSES OF BONDS AUTHORIZED. For the purpose of carrying out any one or more powers of a district, the governing body of any district may issue negotiable bonds of three general classes:

  99. Tex. Water Code Sec. 60.332. ISSUANCE OF BONDS.

  100. Tex. Water Code Sec. 60.333. FORM OF BONDS.

  101. Tex. Water Code Sec. 60.334. MATURITY OF BONDS. Bonds shall mature serially or otherwise within the period and at the times which may be prescribed in the resolution, but not to exceed a maximum of 50 years.

  102. Tex. Water Code Sec. 60.335. REGISTERED AND BEARER BONDS. The bonds may be registered as to principal or as to both principal and interest, and appropriate provisions may be inserted in the resolution authorizing the execution and delivery of bonds for the conversion of registered bonds into bearer bonds and vice versa.

  103. Tex. Water Code Sec. 60.336. LOST AND DESTROYED BONDS. Provisions may be made in the bond resolution or trust indenture for the substitution of new bonds for those lost or mutilated.

  104. Tex. Water Code Sec. 60.337. APPROVAL OF CONVERTED OR SUBSTITUTED BONDS. When bonds are approved by the attorney general and registered by the comptroller as prescribed in Section 60.345 of this code, it shall not be necessary to obtain the approval of the attorney general or registration by the comptroller of converted or substituted bonds.

  105. Tex. Water Code Sec. 60.338. BONDS SECURED BY REVENUES.

  106. Tex. Water Code Sec. 60.339. BONDS PAYABLE FROM TAXES. Where bonds are issued payable wholly from taxes, it is the duty of the governing body at the time of the bonds authorization to levy a tax sufficient to pay the principal of and interest on the bonds as the interest and principal become due, and to provide the reserve funds if prescribed in the resolution authorizing or the trust indenture securing the bonds.

  107. Tex. Water Code Sec. 60.340. BONDS PAYABLE FROM BOTH TAXES AND REVENUES.

  108. Tex. Water Code Sec. 60.341. RATES, TOLLS, AND CHARGES.

  109. Tex. Water Code Sec. 60.342. USE OF BOND PROCEEDS.

  110. Tex. Water Code Sec. 60.343. INTERIM BONDS. Pending the issuance of definitive bonds the governing body may authorize the delivery of negotiable interim bonds or notes eligible for exchange or substitution by use of definitive bonds.

  111. Tex. Water Code Sec. 60.344. REFUNDING BONDS.

  112. Tex. Water Code Sec. 60.345. APPROVAL AND INCONTESTABILITY OF BONDS.

  113. Tex. Water Code Sec. 60.346. ADDITIONAL SECURITY.

  114. Tex. Water Code Sec. 60.347. INVESTMENT OF BOND PROCEEDS.

  115. Tex. Water Code Sec. 60.348. BONDS AS INVESTMENTS.

  116. Tex. Water Code Sec. 60.349. EFFECT OF SUBCHAPTER. This subchapter shall be wholly sufficient authority within itself for the issuance of the bonds and the performance of the other acts and procedures authorized by it, without reference to any other laws, or any restrictions or limitations contained therein, except as specifically provided in this subchapter. When any bonds are being issued under this subchapter, then to the extent of any conflict or inconsistency between any provisions this subchapter shall prevail and control; provided, that any issuer shall have the right to use the provisions of any other laws, not in conflict with the provisions of this subchapter, to the extent convenient or necessary to carry out any power or authority, express or implied, granted by this subchapter.

  117. Tex. Water Code Sec. 60.401. APPLICATION OF SUBCHAPTER.

  118. Tex. Water Code Sec. 60.402. DEFINITIONS. In this chapter:

  119. Tex. Water Code Sec. 60.403. CONTRACTS: PURCHASES.

  120. Tex. Water Code Sec. 60.4035. CONTRACTS: EMERGENCY PURCHASES.

  121. Tex. Water Code Sec. 60.404. COMPETITIVE BIDDING REQUIREMENTS.

  122. Tex. Water Code Sec. 60.405. PROPOSAL PROCEDURES.

  123. Tex. Water Code Sec. 60.406. COMPETITIVE BIDDING AND PROPOSAL PROCEDURES REQUIRED FOR CERTAIN CONTRACTS.

  124. Tex. Water Code Sec. 60.407. OPENING SEALED PROPOSALS AND BIDS.

  125. Tex. Water Code Sec. 60.408. CONTRACT AWARD.

  126. Tex. Water Code Sec. 60.409. PRICING METHOD.

  127. Tex. Water Code Sec. 60.410. CHANGES IN PLANS AND SPECIFICATIONS.

  128. Tex. Water Code Sec. 60.411. BOND REQUIREMENTS.

  129. Tex. Water Code Sec. 60.4115. NOTIFICATION OF SAFETY AND ENVIRONMENTAL RECORD OF CONTRACTOR.

  130. Tex. Water Code Sec. 60.412. EXEMPTIONS.

  131. Tex. Water Code Sec. 60.4125. ALTERNATIVE METHODS FOR CERTAIN PURCHASES OR CONTRACTS.

  132. Tex. Water Code Sec. 60.413. CRIMINAL PENALTY.

  133. Tex. Water Code Sec. 60.414. APPLICATION OF OTHER LAW. If a district or port authority is subject to the requirements of Subchapter B, Chapter 271, Local Government Code, those requirements are in addition to the requirements of this subchapter.

  134. Tex. Water Code Sec. 60.451. DEFINITIONS. In this subchapter:

  135. Tex. Water Code Sec. 60.452. APPLICABILITY OF SUBCHAPTER; OTHER LAW.

  136. Tex. Water Code Sec. 60.453. AUTHORITY TO ADOPT RULES. The commission of a district may adopt rules and procedures for the acquisition of goods or services.

  137. Tex. Water Code Sec. 60.454. PURCHASING CONTRACT METHODS. Notwithstanding any other provision of this chapter or other law, a district contract valued at more than the amount authorized in Section 60.403(a) for routine purchases or contracts in the aggregate for each 12-month period may be made by the method below that, in the opinion of the district's commission, provides the best value for the district:

  138. Tex. Water Code Sec. 60.455. RIGHT TO REJECT ALL BIDS. A district that requests bids or proposals under any of the methods provided by this subchapter may reject any and all bids or proposals submitted.

  139. Tex. Water Code Sec. 60.456. NOTICE REQUIREMENTS. For a contract entered into by a district under any of the methods provided by this subchapter, the district shall publish notice of the time and place the bids or proposals, or the responses to a request for qualifications, will be received and opened. The notice must be published in a newspaper of general circulation in each county in which the district is located once each week for two consecutive weeks before the deadline for receiving bids, proposals, or responses. If there is not a newspaper of general circulation in any county in which the district is located, the notice shall be published in a newspaper of general circulation in the county nearest the county seat of the county in which the district is located or the county in which the greatest amount of the district's territory is located. In a two-step procurement process, the time and place the second-step bids, proposals, or responses will be received are not required to be published separately.

  140. Tex. Water Code Sec. 60.457. DELEGATION.

  141. Tex. Water Code Sec. 60.458. PURCHASE CONTRACT AWARD CRITERIA. Except as provided by this subchapter, in determining to whom to award a contract, the district may consider:

  142. Tex. Water Code Sec. 60.459. EVALUATION OF BIDS AND PROPOSALS FOR CONSTRUCTION SERVICES.

  143. Tex. Water Code Sec. 60.460. DESIGN-BUILD CONTRACTS FOR FACILITIES.

  144. Tex. Water Code Sec. 60.461. CONTRACTS FOR FACILITIES: CONSTRUCTION MANAGER-AGENT.

  145. Tex. Water Code Sec. 60.462. CONTRACTS FOR FACILITIES: CONSTRUCTION MANAGER-AT-RISK.

  146. Tex. Water Code Sec. 60.463. SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS.

  147. Tex. Water Code Sec. 60.464. JOB ORDER CONTRACTS FOR FACILITIES CONSTRUCTION OR REPAIR.

  148. Tex. Water Code Sec. 60.501. SAFETY AND SECURITY PROCEDURES; NO NEW DUTIES. The adoption and use by a district of a safety or security code, policy, or manual does not create any new or additional legal duties of the district not existing under common law or statutory law.

  149. Tex. Water Code Sec. 60.502. IMPLIED CONTRACTS. A schedule of rates, fees, charges, rules, and ordinances that have been adopted in accordance with applicable law or the district's rules, including a limitation of liability for cargo loss or damage, that relates to receiving, delivering, handling, or storing property at a district facility and that is made available to the public on the district's Internet website is enforceable by an appropriate court as an implied contract between the district and a person using the district's facilities without proof of actual knowledge of the schedule's provisions.

  150. Tex. Water Code Sec. 60.551. DEFINITIONS. In this subchapter:

  151. Tex. Water Code Sec. 60.552. AUTHORIZATION OF CAMPAIGN.

  152. Tex. Water Code Sec. 60.553. DEDUCTION AUTHORIZED.

  153. Tex. Water Code Sec. 60.554. VOLUNTARY PARTICIPATION.

  154. Tex. Water Code Sec. 60.555. DESIGNATION OF AN ELIGIBLE CHARITABLE ORGANIZATION.

  155. Tex. Water Code Sec. 60.556. CONFIDENTIALITY.

  156. Tex. Water Code Sec. 60.557. REVOCATION OR CHANGE OF AUTHORIZATION.

  157. Tex. Water Code Sec. 60.558. DURATION OF DEDUCTION.

  158. Tex. Water Code Sec. 60.559. FAIR AND EQUITABLE MANAGEMENT OF CAMPAIGN. A district employee charitable campaign must be managed fairly and equitably in accordance with this subchapter and the rules, policies, and procedures established by the district.

  159. Tex. Water Code Sec. 60.560. CAMPAIGN POLICY AND MANAGEMENT.

  160. Tex. Water Code Sec. 60.561. ELIGIBILITY OF CHARITABLE ORGANIZATIONS, FEDERATIONS, AND FUNDS FOR PARTICIPATION.

  161. Tex. Water Code Sec. 60.562. FUND-RAISING PRACTICES. The fund-raising practices of a participating charitable organization must:

  162. Tex. Water Code Sec. 60.563. LIMITATION ON USE OF CONTRIBUTIONS.

  163. Tex. Water Code Sec. 60.564. MISAPPLICATION OF CONTRIBUTIONS; AUDIT.

Chapter 61

  1. Tex. Water Code Sec. 61.001. DEFINITIONS. In this chapter:

  2. Tex. Water Code Sec. 61.021. CREATION. A navigation district may be created as provided in this chapter to operate under Article III, Section 52 of the Texas Constitution.

  3. Tex. Water Code Sec. 61.022. AREA INCLUDED IN DISTRICT. A district may include all or part of a village, town, or municipal corporation, but may not include more than all or parts of two counties.

  4. Tex. Water Code Sec. 61.023. DISTRICT MAY INCLUDE ROAD DISTRICT. On petition signed by a majority of the property taxpayers who reside in the special road district, a district which includes all or parts of two counties may include any special road district which has voted bonds to construct public roads. If the entire county which includes the road district is included in the district, this section does not apply.

  5. Tex. Water Code Sec. 61.024. PETITION TO CREATE SINGLE-COUNTY DISTRICT.

  6. Tex. Water Code Sec. 61.025. PETITION TO CREATE DISTRICT IN TWO COUNTIES.

  7. Tex. Water Code Sec. 61.026. DEPOSIT.

  8. Tex. Water Code Sec. 61.027. HEARING.

  9. Tex. Water Code Sec. 61.028. NOTICE OF HEARING.

  10. Tex. Water Code Sec. 61.029. HEARING BY BOARD.

  11. Tex. Water Code Sec. 61.030. CONDUCT OF HEARING.

  12. Tex. Water Code Sec. 61.031. FINDINGS.

  13. Tex. Water Code Sec. 61.032. PROVIDING FUNDS FOR PROPOSED IMPROVEMENTS.

  14. Tex. Water Code Sec. 61.033. ELECTION ORDER.

  15. Tex. Water Code Sec. 61.034. ELECTIONS.

  16. Tex. Water Code Sec. 61.035. BALLOTS. The ballots for the election shall be printed to provide for voting for or against the proposition: "The creation of a navigation district and the issuance of bonds and the levy of a tax to pay for the bonds."

  17. Tex. Water Code Sec. 61.036. DECLARATION OF RESULT. If the proposition carries at the election, the commissioners court shall enter the following declaration in its minutes:

  18. Tex. Water Code Sec. 61.071. APPOINTMENT OF COMMISSIONERS. After a district is created, the commissioners court or the board, by majority vote, shall biennially appoint three commissioners to the commission.

  19. Tex. Water Code Sec. 61.072. ORGANIZATION: QUORUM. The commission shall organize by electing one of their number chairman and one secretary. Two of the commissioners shall constitute a quorum, and a concurrence of two shall be sufficient in all matters relating to the business of the district.

  20. Tex. Water Code Sec. 61.073. QUALIFICATIONS. To be qualified for appointment as a commissioner, a person must be a resident of the district, a freehold property taxpayer, and a qualified elector of the county.

  21. Tex. Water Code Sec. 61.074. TERM OF OFFICE, REMOVAL, AND SUCCESSION.

  22. Tex. Water Code Sec. 61.075. COMMISSIONER'S OATH. Each commissioner shall subscribe an oath before the county judge of the county of jurisdiction to discharge faithfully the duties of his office without favor or partiality, and to render a true account of his activities to the commissioners court or the board which appointed him. The oath shall be filed by the clerk and preserved as a part of the records of the district.

  23. Tex. Water Code Sec. 61.076. COMMISSIONER'S BOND. Each commissioner shall execute a good bond for $1,000, payable to the county judge for the use and benefit of the district and conditioned on the faithful performance of his duties.

  24. Tex. Water Code Sec. 61.077. COMMISSIONERS' COMPENSATION. The commissioners are entitled to receive for their services compensation fixed by the commissioners court and entered in the record.

  25. Tex. Water Code Sec. 61.078. DISTRICT TREASURER. The county treasurer of the county of jurisdiction shall be treasurer of the district.

  26. Tex. Water Code Sec. 61.079. DISTRICT TREASURER'S BOND.

  27. Tex. Water Code Sec. 61.080. DISTRICT TREASURER'S COMPENSATION. The district treasurer shall be entitled to receive for his services an amount fixed by the commission.

  28. Tex. Water Code Sec. 61.081. DUTIES IMPOSED WITHOUT COMPENSATION. The duties and powers conferred on county, city and other officers under this chapter are a part of the legal duty of the officers which they shall perform without additional compensation, unless otherwise provided in this chapter.

  29. Tex. Water Code Sec. 61.082. COURT ACTIONS.

  30. Tex. Water Code Sec. 61.111. PURPOSES OF DISTRICT. A district may:

  31. Tex. Water Code Sec. 61.112. EMPLOYEES AND COUNSEL.

  32. Tex. Water Code Sec. 61.113. AUTHORITY TO GO ON LAND. The commissioners and engineers, together with all necessary teams, help, tools and instruments, may go on any land located inside the district for the purpose of examining the land and making plans, surveys, maps, and profiles, without subjecting themselves to the laws of trespass.

  33. Tex. Water Code Sec. 61.114. PENALTY FOR PROHIBITING ENTRY TO LAND. Any person who wilfully prevents or prohibits any officer listed in Section 61.113 of this code from entering land for the purposes stated in that section on conviction shall be punished by a fine of not more than $25 a day for each day he prevents or prohibits the officer from entering the land.

  34. Tex. Water Code Sec. 61.115. ACQUISITION OF PROPERTY. The commission may acquire by gift, grant, purchase, or condemnation any necessary rights-of-way and property for necessary improvements contemplated by the district.

  35. Tex. Water Code Sec. 61.116. LEASE OF STATE OWNED LANDS AND FLATS.

  36. Tex. Water Code Sec. 61.117. LIMITATIONS ON SALES AND USE OF STATE LANDS AND FLATS.

  37. Tex. Water Code Sec. 61.118. CONSTRUCTION CONTRACTS.

  38. Tex. Water Code Sec. 61.119. INTEREST IN CONTRACT OF NAVIGATION DISTRICT. If the county judge, a county commissioner, a member of the board or the commission, or the engineer shall directly or indirectly become interested in a contract for work to be done by the district or in any fee paid by the district, which would allow him to receive any money consideration or other thing of value except in payment of services as provided by law, on conviction he shall be confined in jail for not less than six months nor more than one year.

  39. Tex. Water Code Sec. 61.120. LAWS GOVERNING CERTAIN FUNCTIONS OF DISTRICT. Chapter 3, Title 128, Revised Civil Statutes of Texas, 1925, relating to eminent domain, employment and duties of the district engineer, cooperation with the federal government, and the director's annual report shall apply to this chapter.

  40. Tex. Water Code Sec. 61.151. AUTHORITY TO OPERATE AND DEVELOP PORT FACILITIES.

  41. Tex. Water Code Sec. 61.152. PETITION.

  42. Tex. Water Code Sec. 61.153. HEARING: TESTIMONY. Any person who may be affected may appear before the board on the day of the hearing and contest the necessity, advisability, or practicability of the election and may offer testimony in favor of or against the election.

  43. Tex. Water Code Sec. 61.154. ELECTION ORDER. After the hearing, if the board determines that the election should be held, the commissioners court shall order an election to determine whether or not the district should adopt the rights, powers, and authority provided in this subchapter. The order shall include the date on which the election will be held.

  44. Tex. Water Code Sec. 61.155. BALLOTS. The ballots for the election shall be printed to provide for voting for or against the following proposition: "The development of the port by the navigation district."

  45. Tex. Water Code Sec. 61.156. ELECTION EXPENSE. The district shall pay the expense of the election.

  46. Tex. Water Code Sec. 61.157. DECLARATION OF RESULTS. If the result of the election favors the development of a port by the district, the commissioners court shall declare the result and shall enter in the minutes of the commissioners court the following declaration:

  47. Tex. Water Code Sec. 61.158. APPOINTMENT OF COMMISSIONERS.

  48. Tex. Water Code Sec. 61.159. TERM OF OFFICE: REMOVAL: SUCCESSION.

  49. Tex. Water Code Sec. 61.160. QUALIFICATIONS; COMPENSATION; AUTHORITY.

  50. Tex. Water Code Sec. 61.161. EMINENT DOMAIN.

  51. Tex. Water Code Sec. 61.162. LEASE AND RENTAL OF FACILITIES. A district may acquire and take over, by lease or rental agreements, for a period of not less than 25 years, the docks, wharves, buildings, railroads, land, improvements, and other facilities already provided, constructed, or owned by any incorporated municipality situated within the district only with the consent of the lawful authorities of the municipality and on terms mutually agreed on by the district and the municipality.

  52. Tex. Water Code Sec. 61.163. UNIMPROVED LAND.

  53. Tex. Water Code Sec. 61.164. FRANCHISES.

  54. Tex. Water Code Sec. 61.165. FRANCHISE ELECTION. If the commission determines that a proposed franchise should be submitted to a vote of the people, it shall so certify to the commissioners court, and the commissioners court shall order an election on the matter at the earliest legal time.

  55. Tex. Water Code Sec. 61.166. BALLOTS.

  56. Tex. Water Code Sec. 61.167. ELECTION RESULT. If at the election a majority of those voting approve the franchise, it shall be granted. If those voting do not approve the franchise, it shall have no force and effect.

  57. Tex. Water Code Sec. 61.168. PETITION PROTESTING FRANCHISE. The franchise may be suspended from taking effect if, before the date when the franchise is granted, a petition signed by qualified voters of the district equal to 10 percent of the total vote cast in the last general election for state officers is presented to the commissioners court protesting the enactment or granting of the franchise. Immediately after the petition is filed, the commissioners court shall order an election on the proposed franchise. The election shall be governed by the provisions of Sections 61.164 and 61.165.

  58. Tex. Water Code Sec. 61.169. CONTRACTS. The provisions governing the award of contracts by districts shall apply in all cases consistent with the provisions of this subchapter except that in case of emergency contracts may be let by the commission for not more than $5,000 without advertisement for bids. In case of urgent necessity or present calamity, advertisement for bids may be waived.

  59. Tex. Water Code Sec. 61.170. AUTHORITY TO INCUR DEBT.

  60. Tex. Water Code Sec. 61.171. BONDS.

  61. Tex. Water Code Sec. 61.172. FINANCING PURCHASES.

  62. Tex. Water Code Sec. 61.173. ELECTION ON THE PURCHASE OF FACILITIES.

  63. Tex. Water Code Sec. 61.174. EMPLOYEES; COUNTY AUDITOR, DUTIES AND COMPENSATION.

  64. Tex. Water Code Sec. 61.175. POWERS.

  65. Tex. Water Code Sec. 61.176. CITY POLICE POWERS. Nothing in this subchapter shall repeal or affect the police powers of any municipality inside the district, or any law, ordinance, or regulation authorizing and empowering the municipality to exercise the powers relating to any navigable stream or aids to navigation and facilities in a navigation district, not in conflict with this subchapter.

  66. Tex. Water Code Sec. 61.211. MAINTENANCE FUND.

  67. Tex. Water Code Sec. 61.212. DISTRICT DEPOSITORY. The commission shall select a depository for the district as provided by Section 60.271.

  68. Tex. Water Code Sec. 61.231. ISSUANCE OF BONDS. When the commission determines the cost of the proposed improvements, the expenses incident to the improvements, and the cost of maintenance of the improvements, it shall certify to the commissioners court the amount of bonds necessary to be issued. The commissioners court, at a regular or special meeting, shall issue an order directing the issuance of bonds for the district in the amount certified which shall not be more than the amount authorized by the election.

  69. Tex. Water Code Sec. 61.232. LIMITATION ON BOND ISSUE. Outstanding bonds and additional bonds which are authorized may not be more than one-fourth of the assessed value of the real property in the district, as shown by the last tax roll for the district.

  70. Tex. Water Code Sec. 61.233. REQUISITES OF BONDS.

  71. Tex. Water Code Sec. 61.234. SALE OF BONDS.

  72. Tex. Water Code Sec. 61.235. CHAIRMAN'S BOND. Before the chairman of the commission may sell the bonds, he shall execute a good bond, payable to the county judge and his successors, in an amount fixed by the commission, conditioned on the faithful discharge of his duties. The bond shall be approved by the county judge.

  73. Tex. Water Code Sec. 61.236. TAX LEVY.

  74. Tex. Water Code Sec. 61.237. ASSESSMENT AND COLLECTION OF TAXES. The tax assessor and collector of each county in the district shall assess and collect district taxes.

  75. Tex. Water Code Sec. 61.238. ADDITIONAL BOND ISSUE.

  76. Tex. Water Code Sec. 61.239. SINKING FUND INVESTMENTS. The commissioners court may invest the sinking fund in county, municipal, district, or other bonds approved by the attorney general.

Chapter 62

  1. Tex. Water Code Sec. 62.001. DEFINITIONS. As used in this chapter:

  2. Tex. Water Code Sec. 62.021. CREATION OF DISTRICT. A navigation district may be created in the manner prescribed by this subchapter under Article XVI, Section 59, of the Texas Constitution.

  3. Tex. Water Code Sec. 62.022. COMPOSITION. A district may include within its boundaries all or part of villages, towns, cities, road districts, drainage districts, irrigation districts, levee districts, other improvement districts, and municipal corporations of any kind but may not include the territory of more than three counties or parts of three counties.

  4. Tex. Water Code Sec. 62.023. PETITION.

  5. Tex. Water Code Sec. 62.024. DEPOSIT. At the time the petition is filed with the commissioners court, the petitioner shall deposit $500 in cash with the clerk of the commissioners court. The clerk shall keep the deposit until after the result of the election to create the district is declared and entered in the record by the commissioners court.

  6. Tex. Water Code Sec. 62.025. DATE OF HEARING.

  7. Tex. Water Code Sec. 62.026. HEARING BEFORE THE BOARD. If the boundaries of a proposed district include all or part of a city or cities acting under special charter granted by the legislature, the hearing on the petition shall be held before the board.

  8. Tex. Water Code Sec. 62.027. NOTICE OF HEARING.

  9. Tex. Water Code Sec. 62.028. HEARING ON PETITION.

  10. Tex. Water Code Sec. 62.029. FINDINGS.

  11. Tex. Water Code Sec. 62.030. ELECTION ORDER.

  12. Tex. Water Code Sec. 62.031. NOTICE OF ELECTION.

  13. Tex. Water Code Sec. 62.032. BALLOT. The ballot shall be printed to provide for voting for or against the proposition: "The creation of the navigation district and the issuance of bonds and levy of a tax for the payment of the bonds."

  14. Tex. Water Code Sec. 62.033. CONDUCT OF ELECTION.

  15. Tex. Water Code Sec. 62.034. CANVASS OF RETURNS.

  16. Tex. Water Code Sec. 62.035. DECLARATION OF RESULT. If a majority of the votes favor creating the district, issuing bonds, and levying a tax, the commissioners court shall declare the result and enter it in the minutes of the commissioners court as follows:

  17. Tex. Water Code Sec. 62.036. EXPENSES.

  18. Tex. Water Code Sec. 62.061. NAVIGATION BOARD.

  19. Tex. Water Code Sec. 62.062. APPOINTMENT OF INITIAL COMMISSIONERS.

  20. Tex. Water Code Sec. 62.063. ELECTION OF COMMISSIONERS.

  21. Tex. Water Code Sec. 62.0631. APPOINTMENT OF COMMISSIONERS.

  22. Tex. Water Code Sec. 62.064. QUALIFICATIONS OF COMMISSIONERS. Each person who is appointed or elected commissioner shall be a resident of the proposed navigation district and shall be an elector of the county.

  23. Tex. Water Code Sec. 62.065. TERM OF OFFICE. Commissioners shall hold office for staggered terms of six years and until their successors are elected and have qualified.

  24. Tex. Water Code Sec. 62.066. VACANCIES.

  25. Tex. Water Code Sec. 62.067. REMOVAL FROM OFFICE.

  26. Tex. Water Code Sec. 62.068. OATH OF COMMISSIONERS.

  27. Tex. Water Code Sec. 62.069. BOND OF COMMISSIONERS. Before a commissioner begins to perform his duties, he shall execute a good and sufficient bond for $1,000, payable to the county judge of the county of jurisdiction for the use and benefit of the district and conditioned on the faithful performance of his duties.

  28. Tex. Water Code Sec. 62.070. COMPENSATION OF COMMISSIONERS. Each commissioner shall receive for his services the compensation determined by the commissioners court of the county of jurisdiction.

  29. Tex. Water Code Sec. 62.071. ORGANIZATION OF COMMISSION.

  30. Tex. Water Code Sec. 62.072. TWO-COUNTY DISTRICTS; APPOINTMENT OF COMMISSION.

  31. Tex. Water Code Sec. 62.0725. EXECUTIVE DIRECTOR.

  32. Tex. Water Code Sec. 62.073. DISTRICT TREASURER. The county treasurer of the county of jurisdiction shall be treasurer of the district.

  33. Tex. Water Code Sec. 62.074. TREASURER'S BOND.

  34. Tex. Water Code Sec. 62.075. TREASURER'S COMPENSATION. The county treasurer shall be allowed as compensation for his services as treasurer of the district the amount determined by the commissioners. The compensation may not exceed the percentage authorized by law for his services as county treasurer.

  35. Tex. Water Code Sec. 62.077. COUNSEL.

  36. Tex. Water Code Sec. 62.078. SUITS; JUDICIAL NOTICE.

  37. Tex. Water Code Sec. 62.101. PURPOSES OF DISTRICT. A district may be created under this chapter to provide, in or adjacent to its boundaries, for:

  38. Tex. Water Code Sec. 62.102. DISTRICTS AS GOVERNMENTAL AGENCIES. All districts created under this chapter shall be governmental agencies and bodies politic and corporate with the powers of government and with the authority to exercise the rights, privileges, and functions which are essential to the accomplishment of those purposes.

  39. Tex. Water Code Sec. 62.103. DUTIES OF COUNTY OFFICIALS. The powers and duties conferred by this chapter on the county judge, members of the commissioners court, the mayor and aldermen or commissioners of cities, the county clerk, and other officers are made a part of the legal duty of those officials. Unless otherwise provided in this chapter, these persons shall exercise and perform these powers and duties without additional compensation.

  40. Tex. Water Code Sec. 62.104. DUTIES OF DISTRICT ENGINEER. It shall be the duty of the district engineer:

  41. Tex. Water Code Sec. 62.105. RIGHT-OF-WAY. The commission may by gift, grant, purchase, or condemnation acquire the necessary right-of-way and property of any kind for all necessary improvements contemplated by this chapter.

  42. Tex. Water Code Sec. 62.106. CONDEMNATION PROCEEDINGS.

  43. Tex. Water Code Sec. 62.107. ACQUISITION AND CONVEYANCE OF LAND.

  44. Tex. Water Code Sec. 62.1071. ACQUISITION OF LAND, EQUIPMENT, OR IMPROVEMENTS IN CERTAIN COUNTIES.

  45. Tex. Water Code Sec. 62.1072. ADDITIONAL COMMISSIONERS FOR ACQUISITIONS FROM CERTAIN MUNICIPALITIES.

  46. Tex. Water Code Sec. 62.108. ENTRY ON PROPERTY. The commissioners and the engineers of a district together with all necessary teams, help, tools, and instruments may go on any land inside the district to examine the land and to make plans, surveys, maps, and profiles without subjecting themselves to the action of trespass.

  47. Tex. Water Code Sec. 62.109. BIDS.

  48. Tex. Water Code Sec. 62.110. NOTICE OF BIDS. Notice that a contract is to be awarded shall be given by publishing notice once a week for two consecutive weeks in one or more newspapers with general circulation in the state and by posting notice for at least 14 days in five public places in the county of jurisdiction, one of which shall be the courthouse door and at least two of which shall be inside the district.

  49. Tex. Water Code Sec. 62.111. AWARD OF CONTRACT.

  50. Tex. Water Code Sec. 62.112. INTEREST IN CONTRACTS. No county judge or county commissioner of any county in a district, board member, or district engineer may be directly or indirectly interested for himself or as agent for another in a contract for the construction of work to be performed by the district.

  51. Tex. Water Code Sec. 62.113. FORM OF CONTRACTS. All contracts made by the district shall be in writing and signed by the contractors, the executive director of the district, an authorized representative of the executive director, or a person to whom the duties of executive director have been delegated.

  52. Tex. Water Code Sec. 62.114. BOND OF CONTRACTOR.

  53. Tex. Water Code Sec. 62.115. SUPERVISION OF WORK.

  54. Tex. Water Code Sec. 62.116. INSPECTION OF WORK; PAYMENT.

  55. Tex. Water Code Sec. 62.117. ANNUAL REPORT.

  56. Tex. Water Code Sec. 62.118. COOPERATION WITH UNITED STATES.

  57. Tex. Water Code Sec. 62.119. PREFERENCE LIEN; WAIVER; ENFORCEMENT.

  58. Tex. Water Code Sec. 62.120. CONTRACT FOR AND LEASE OF WATER SYSTEM.

  59. Tex. Water Code Sec. 62.121. CONTRACTS AND OBLIGATIONS TO ACCOMPLISH DISTRICT PURPOSES AND EXERCISE DISTRICT POWERS.

  60. Tex. Water Code Sec. 62.122. DISPOSITION OF SALVAGE OR SURPLUS PERSONAL PROPERTY.

  61. Tex. Water Code Sec. 62.123. FRANCHISES.

  62. Tex. Water Code Sec. 62.151. CONSTRUCTION AND MAINTENANCE FUND.

  63. Tex. Water Code Sec. 62.152. PAYMENT OF EXPENSES. The district may draw warrants or issue checks:

  64. Tex. Water Code Sec. 62.153. DUTIES OF DISTRICT TREASURER; AUTHORITY OF DESIGNATED OFFICER.

  65. Tex. Water Code Sec. 62.154. APPLICABILITY OF SECTIONS 62.155-62.159. Sections 62.155-62.159 of this code apply to all revenue, income, money, funds, or increments except revenue derived from taxation which may result from the ownership and operation of the district's improvements and facilities. However, these sections do not apply to any of the following counties:

  66. Tex. Water Code Sec. 62.155. DEPOSIT IN BANKING CORPORATION.

  67. Tex. Water Code Sec. 62.156. SELECTION OF DEPOSITORY. The commission shall select a depository as provided by Section 60.271.

  68. Tex. Water Code Sec. 62.159. CONFLICTS WITH PRIOR BONDS OR OTHER LAWS. If Sections 62.154-62.158 of this code conflict with the provisions of any bonds issued by a district and secured in whole or in part by a pledge of revenue, with the proceedings authorizing the bonds, or with any special act relating to one specific district, the bonds, proceedings, and special act shall control over these sections.

  69. Tex. Water Code Sec. 62.160. MAINTENANCE TAX. The commissioners courts of the respective counties inside each district may levy and have assessed and collected for the maintenance, operation, and upkeep of the district and the improvements constructed by the district an annual tax not to exceed 10 cents on the $100 valuation on all property inside the district.

  70. Tex. Water Code Sec. 62.191. ISSUANCE OF NAVIGATION BONDS.

  71. Tex. Water Code Sec. 62.192. ISSUANCE OF ADDITIONAL BONDS.

  72. Tex. Water Code Sec. 62.193. BOND ELECTION.

  73. Tex. Water Code Sec. 62.194. ORDER FOR BONDS AND TAX. If on the canvass of the vote it is determined that a majority of the votes cast at the election were in favor of the issuance of bonds and levy of tax, the commissioners court shall issue an order directing the issuance of the bonds and the levy of a tax.

  74. Tex. Water Code Sec. 62.195. FORM OF BONDS.

  75. Tex. Water Code Sec. 62.196. DUTIES OF ATTORNEY GENERAL.

  76. Tex. Water Code Sec. 62.197. REGISTRATION OF BONDS. After the bonds have been examined by the attorney general and his certificate issued, they shall be registered by the comptroller in a book to be kept for that purpose, and the certificate of the attorney general shall be preserved in the record for use in the event of litigation.

  77. Tex. Water Code Sec. 62.198. VALIDITY OF BONDS.

  78. Tex. Water Code Sec. 62.199. RECORD OF BONDS.

  79. Tex. Water Code Sec. 62.200. SALE OF BONDS.

  80. Tex. Water Code Sec. 62.201. CHAIRMAN'S BOND. Before the chairman of the commission may sell any bonds, he shall execute a good and sufficient bond, payable to the county judge or his successors in office. The bond shall be approved by the commissioners court and shall be for an amount not less than the amount of the bonds issued, and shall be conditioned on the faithful discharge of his duties.

  81. Tex. Water Code Sec. 62.202. TAXES; SINKING FUND INVESTMENT.

  82. Tex. Water Code Sec. 62.203. ISSUANCE OF REFUNDING BONDS; FORMALITIES.

  83. Tex. Water Code Sec. 62.204. REFUNDING BONDS SOLD AT PAR. The refunding bonds shall be sold by the commission at not less than their par value, delivered to the holders of not less than a like par amount of the bonds of the district authorized to be refunded in exchange for the prior bond obligations, or sold in part and exchanged in part.

  84. Tex. Water Code Sec. 62.205. APPROVAL OF REFUNDING BONDS BY ATTORNEY GENERAL. The refunding bonds shall be submitted to the attorney general for approval and shall be registered by the comptroller in the same manner and with the same effect as is now provided by law for the approval and registration of municipal bonds.

  85. Tex. Water Code Sec. 62.206. TAX LEVY FOR REFUNDING BONDS.

  86. Tex. Water Code Sec. 62.207. AUTHORITY OF SECTIONS 62.203-62.206. Sections 62.203-62.206 of this code shall, without reference to other laws, constitute full authority for the issuance of refunding bonds. No proceedings, publications, elections, or referendums other than those required in Sections 62.203-62.206 shall be necessary to the authorization and issuance of refunding bonds.

  87. Tex. Water Code Sec. 62.208. REVENUE BONDS.

  88. Tex. Water Code Sec. 62.209. USE OF BOND PROCEEDS FOR CERTAIN ACQUISITIONS OF CERTAIN DISTRICTS. A district to which Section 62.1071 applies may not spend for the acquisition of land, equipment, or improvements under that section the proceeds of bonds authorized by the district's voters before the district undertakes the acquisition.

  89. Tex. Water Code Sec. 62.251. ASSESSMENT AND COLLECTION OF TAXES. The assessor and collector of each county in which the district is located shall assess and collect the taxes levied by the district in the county.

  90. Tex. Water Code Sec. 62.291. ANNEXATION AUTHORITY. A district created under this chapter or converted from a district created under Article III, Section 52, of the Texas Constitution, into a conservation and reclamation district under Article XVI, Section 59, of the Texas Constitution, may extend its boundaries and annex adjacent territory.

  91. Tex. Water Code Sec. 62.292. PETITION. Before territory is annexed to the district, a petition signed by 50 or a majority of the electors residing in the adjacent territory proposed to be annexed shall be presented to the commission, requesting an election in the adjacent territory to determine whether or not the territory will be annexed and whether or not it will assume its pro rata part of the outstanding bonded debt of the district.

  92. Tex. Water Code Sec. 62.293. SCHEDULING PETITION FOR HEARING; NOTICE.

  93. Tex. Water Code Sec. 62.294. HEARING. The commission shall hold the hearing on the subject of annexation of adjacent territory by the district, and any person who has taxable property in the territory proposed to be annexed may appear in person or by counsel and offer testimony or argument for or against the inclusion of all or any part of the land proposed to be annexed.

  94. Tex. Water Code Sec. 62.295. ELECTION ORDER. If after the hearing the commission finds that inclusion of the territory proposed to be annexed would be a direct benefit to all the land in that territory, the commission shall order an election to be held in the territory proposed to be annexed.

  95. Tex. Water Code Sec. 62.296. NOTICE OF ELECTION.

  96. Tex. Water Code Sec. 62.297. BALLOTS. The ballots for the election shall be printed to allow for voting for or against: "Annexation to the navigation district."; and "Assumption of a pro rata part of the bonded debt of the navigation district."

  97. Tex. Water Code Sec. 62.298. ELECTION OFFICIALS. The commission shall appoint one judge and two clerks for each election box or place to hold the election. The judge and clerks shall be electors in the territory proposed to be annexed and shall reside near the place for holding the election.

  98. Tex. Water Code Sec. 62.299. CANVASS OF VOTE; ENTRY OF ORDER.

  99. Tex. Water Code Sec. 62.300. AUTHORITY TO ANNEX OTHER DISTRICTS. Except as otherwise provided by this subchapter, a district created under Article XVI, Section 59, of the Texas Constitution may be annexed and become a part of another adjacent district created under the general law in the same manner as provided in Sections 62.292-62.299 of this code.

  100. Tex. Water Code Sec. 62.301. DUTIES OF COMMISSION OF ANNEXED DISTRICT. If a district proposes to annex an adjacent district, the commission of the district proposed to be annexed shall:

  101. Tex. Water Code Sec. 62.302. CERTIFICATION OF ELECTION RESULTS. If the election in a district proposed to be annexed results in a majority of the votes of the electors voting at the election favoring annexation, the commission of the district proposed to be annexed shall certify the election result together with the metes and bounds of the district to the commission of the annexing district.

  102. Tex. Water Code Sec. 62.303. HEARING BY ANNEXING DISTRICT; NOTICE.

  103. Tex. Water Code Sec. 62.304. ASSUMPTION OF BONDED DEBT.

  104. Tex. Water Code Sec. 62.305. LEVY OF TAXES ON ANNEXED DISTRICT. The commission of the annexing district shall annually levy and collect sufficient taxes in the district to be annexed to discharge all valid outstanding obligations of the district to be annexed.

  105. Tex. Water Code Sec. 62.306. DISSOLUTION OF ANNEXED DISTRICT. From and after the entry of the order annexing the district, the annexed district shall be dissolved. All powers previously vested in the annexed district and the commission of the annexed district shall be vested, respectively, in the annexing district and the commission of the annexing district.

  106. Tex. Water Code Sec. 62.307. ANNEXATION OF WHOLE OF ADJACENT COUNTY. If the territory included inside the boundaries of the annexing district consists of all of a single county and the territory to be annexed consists of all of an adjacent county, the adjacent territory may be annexed in the manner provided in Sections 62.291-62.306 of this code, except the commissioners court of the county to be annexed shall:

  107. Tex. Water Code Sec. 62.308. HEARING. The commissioners court of the county to be annexed shall conduct the hearing at some place inside the county to be annexed.

  108. Tex. Water Code Sec. 62.309. ORDER OF ELECTION; BALLOTS. The commissioners court of the county to be annexed may order an election, as requested in the petition for hearing, on either or both propositions included in the ballot form in Section 62.297 of this code.

  109. Tex. Water Code Sec. 62.310. CERTIFICATION OF ELECTION RESULT. If the proposition or propositions carries by a majority of the vote of the electors voting at the election, the commissioners court of the county to be annexed shall certify the election result to the commission of the annexing district.

  110. Tex. Water Code Sec. 62.311. HEARING BY ANNEXING DISTRICT. After the certification of the election result, and after five days' notice in some newspaper published inside the annexing district, the annexing district shall conduct a public hearing to determine whether or not it would be a benefit to the annexing district to annex the adjacent county.

  111. Tex. Water Code Sec. 62.312. ORDER OF ANNEXATION. If at the hearing it appears that annexation of the adjacent county would be a benefit to the annexing district, the commission shall enter an order in the minutes annexing the county. From and after the entry of the order, the county shall be a part of the annexing district with all rights and privileges of territory originally situated in the district and with the right of representation on the commission.

  112. Tex. Water Code Sec. 62.313. OBLIGATIONS NOT AFFECTED; PRO RATA ASSUMPTION.

  113. Tex. Water Code Sec. 62.314. ADDITIONAL COMMISSION MEMBERS.

  114. Tex. Water Code Sec. 62.315. CHANGE OF MEMBERSHIP OF NAVIGATION BOARD.

  115. Tex. Water Code Sec. 62.316. PERMANENT COMMISSION ORGANIZATION FOLLOWING ANNEXATION.

  116. Tex. Water Code Sec. 62.317. PROVISIONS GOVERNING COMMISSION.

  117. Tex. Water Code Sec. 62.318. LAW GOVERNING DISTRICT.

Chapter 63

  1. Tex. Water Code Sec. 63.001. DEFINITIONS. As used in this chapter:

  2. Tex. Water Code Sec. 63.021. SELF-LIQUIDATING DISTRICTS.

  3. Tex. Water Code Sec. 63.022. CREATION. A district of the character provided in Section 63.021 of this code may be created as provided in this chapter to operate under the provisions of Article XVI, Section 59, of the Texas Constitution.

  4. Tex. Water Code Sec. 63.023. AREA INCLUDED IN DISTRICT. A district may include all or part of a village, town, city, road district, drainage district, irrigation district, levee district, other improvement district, conservation and reclamation district, or municipal corporation, but may not include more than all or parts of two counties.

  5. Tex. Water Code Sec. 63.024. PETITION TO CREATE SINGLE-COUNTY DISTRICT.

  6. Tex. Water Code Sec. 63.025. PETITION TO CREATE DISTRICT IN TWO COUNTIES.

  7. Tex. Water Code Sec. 63.026. NAVIGATION BOARD.

  8. Tex. Water Code Sec. 63.027. HEARING. At the same session the petition is presented, the commissioners court shall order a hearing to be held at a regular or special session of the commissioners court, not less than 60 days from the date the petition is presented.

  9. Tex. Water Code Sec. 63.028. NOTICE OF HEARING.

  10. Tex. Water Code Sec. 63.029. HEARING BY NAVIGATION BOARD.

  11. Tex. Water Code Sec. 63.030. CONDUCT OF HEARING.

  12. Tex. Water Code Sec. 63.031. FINDINGS.

  13. Tex. Water Code Sec. 63.032. PROVIDING FUNDS FOR PROPOSED IMPROVEMENTS.

  14. Tex. Water Code Sec. 63.033. ELECTION ORDER.

  15. Tex. Water Code Sec. 63.034. NOTICE OF ELECTION.

  16. Tex. Water Code Sec. 63.035. BALLOTS. The ballots for the election shall be printed to provide for voting for or against: "The navigation district and the issuance of bonds and the levy of a tax to pay for the bonds."

  17. Tex. Water Code Sec. 63.036. CONDUCT OF ELECTION. The commissioners court shall create and define, by order, the voting precincts in the district and shall name convenient polling places in the precincts. It shall appoint the judges and other necessary election officials and shall hold the election at the earliest legal time.

  18. Tex. Water Code Sec. 63.037. RETURNS OF ELECTION.

  19. Tex. Water Code Sec. 63.038. DECLARATION OF RESULT. The court shall canvass the vote and return at the session when it receives the ballot boxes and returns of the election. If it finds that a majority of those voting at the election voted in favor of the proposition, the court shall declare the result of the election to be in favor of the district, issuance of the bonds, and the levy of the tax, and shall enter the following declaration in its minutes:

  20. Tex. Water Code Sec. 63.039. CONVERSION OF DISTRICT. Any navigation district organized under the provisions of Article XVI, Section 59, of the Texas Constitution, or Article III, Section 52, of the Texas Constitution, and not originally within the scope of this chapter, may be converted into a self-liquidating district operating under this chapter in the manner provided in Sections 63.040-63.044 of this code.

  21. Tex. Water Code Sec. 63.040. RESOLUTION TO CONVERT.

  22. Tex. Water Code Sec. 63.041. NOTICE.

  23. Tex. Water Code Sec. 63.042. HEARING. The hearing may be adjourned from day to day until all interested persons have had an opportunity to appear and present testimony.

  24. Tex. Water Code Sec. 63.043. FINDINGS.

  25. Tex. Water Code Sec. 63.044. EFFECT OF CONVERSION. If the finding of the commission is favorable to the resolution, the commission shall have the same right, power, and authority to act under the provisions of this chapter adopted by the resolution as if the district had originally come within the scope of this chapter.

  26. Tex. Water Code Sec. 63.081. APPOINTMENT OF COMMISSIONERS. After a district is created, the commissioners court shall appoint three navigation and canal commissioners, whose duties are provided in this chapter.

  27. Tex. Water Code Sec. 63.082. QUALIFICATIONS. To be qualified for appointment as a commissioner, a person must be a resident of the district, a freehold property taxpayer, and a qualified elector of the county.

  28. Tex. Water Code Sec. 63.083. VACANCIES. All vacancies in the office of appointed commissioner occurring through death, resignation, or otherwise shall be filled by the remaining commissioners or, if only one commissioner remains, by the remaining commissioner and the district judge residing in the county in which a majority of the acreage of the district is located.

  29. Tex. Water Code Sec. 63.084. OATH. In addition to the constitutional oath provided for county commissioners, before beginning to perform his duties each appointed commissioner shall take and subscribe before the county judge of the county of jurisdiction an oath to discharge faithfully the duties of his office without favor or partiality.

  30. Tex. Water Code Sec. 63.085. BOND. Before beginning to perform his duties, each appointed commissioner shall execute a good and sufficient bond for $1,000, payable to the county judge of the county of jurisdiction for the use and benefit of the district, conditioned on the faithful performance of his duties.

  31. Tex. Water Code Sec. 63.086. TERM OF OFFICE. Each commissioner shall hold office for four years and until his successor has qualified after appointment or election.

  32. Tex. Water Code Sec. 63.087. OPTIONAL TERM OF OFFICE.

  33. Tex. Water Code Sec. 63.088. COMMISSION ORGANIZATION AND QUORUM. The commission shall organize by electing one of their members chairman and one secretary. Two of the commissioners shall constitute a quorum and a concurrence of two shall be sufficient in all matters relating to the business of the district.

  34. Tex. Water Code Sec. 63.089. ELECTION OF COMMISSIONERS.

  35. Tex. Water Code Sec. 63.0895. JOINT ELECTION WITH COUNTY.

  36. Tex. Water Code Sec. 63.090. PLACING NAMES OF CANDIDATES ON BALLOT. A candidate for commissioner must file an application with the secretary not later than 5 p.m. of the 45th day before the date of the election to have the candidate's name printed on the ballot. Also, a candidate's name may be placed on the ballot by petition of 20 or more qualified electors of the district filed with the secretary by the deadline stated in the preceding sentence.

  37. Tex. Water Code Sec. 63.091. POLLING PLACE. The commission shall designate the polling place or places in the election order. If more than one polling place is required, the board shall divide the district into election precincts, which may be changed from time to time.

  38. Tex. Water Code Sec. 63.092. ELECTION OFFICERS. The commission shall appoint the election officers, consisting of one presiding judge, an assistant judge, and two clerks, when the election is ordered. Additional clerks may be appointed by the presiding judge when necessary.

  39. Tex. Water Code Sec. 63.093. NOTICE OF ELECTION.

  40. Tex. Water Code Sec. 63.094. CONDUCT OF ELECTION.

  41. Tex. Water Code Sec. 63.0945. WRITE-IN CANDIDATES.

  42. Tex. Water Code Sec. 63.095. VACANCIES ON COMMISSION.

  43. Tex. Water Code Sec. 63.096. COMMISSIONER'S OATH. Each commissioner shall subscribe an oath of office containing the applicable conditions provided by law for members of the commissioners court.

  44. Tex. Water Code Sec. 63.097. COMMISSIONER'S BOND.

  45. Tex. Water Code Sec. 63.098. COMMISSIONER'S COMPENSATION.

  46. Tex. Water Code Sec. 63.099. DISTRICT MANAGER.

  47. Tex. Water Code Sec. 63.100. DISTRICT ASSESSOR AND COLLECTOR. The commission shall appoint one person to the office of assessor and collector for the district. The assessor and collector shall be a qualified elector and a resident of the district.

  48. Tex. Water Code Sec. 63.101. DEPUTY ASSESSOR AND COLLECTOR. The commission may appoint one or more deputies to assist the assessor and collector for a period of not more than one year.

  49. Tex. Water Code Sec. 63.103. DEPUTY'S BOND. The assistant or assistants to the assessor and collector appointed by the commission may or may not be required to furnish bond with conditions similar to those required of the assessor and collector.

  50. Tex. Water Code Sec. 63.104. COMPENSATION OF ASSESSOR AND COLLECTOR AND DEPUTY. The commission shall fix the compensation to be paid to the tax assessor and collector or any deputy.

  51. Tex. Water Code Sec. 63.1045. EXECUTIVE DIRECTOR.

  52. Tex. Water Code Sec. 63.105. ENGINEER. The district may employ a competent engineer whose term of office and compensation shall be determined by the district.

  53. Tex. Water Code Sec. 63.106. LEGAL COUNSEL. The commission may employ an attorney to represent the district in preparation of any contract, to conduct any proceeding in or out of court, to be the legal advisor of the commission, and to perform any other function considered necessary. The attorney shall be retained on the terms and for the fees which the commission determines and on which the parties agree.

  54. Tex. Water Code Sec. 63.107. DISTRICT EMPLOYEES.

  55. Tex. Water Code Sec. 63.108. BONDS OF OFFICERS AND EMPLOYEES.

  56. Tex. Water Code Sec. 63.109. PAYMENT OF COMPENSATION AND EXPENSES. The district may draw warrants, issue checks, or use a payment method adopted under Section 60.271 to pay for:

  57. Tex. Water Code Sec. 63.110. DISTRICT OFFICE. A regular office shall be maintained for the conduct of the business of the district at a place in the district designated by the commission.

  58. Tex. Water Code Sec. 63.112. COURT ACTIONS.

  59. Tex. Water Code Sec. 63.151. AUTHORITY OF DISTRICT. All districts created under this chapter are essential to the accomplishment of the provisions of Article XVI, Section 59, of the Texas Constitution, and are governmental agencies and bodies politic and corporate, with the powers of government and authority to exercise the rights, privileges, and functions conferred in this chapter and by the Texas Constitution.

  60. Tex. Water Code Sec. 63.152. PURPOSES OF DISTRICT. The district may make improvements for:

  61. Tex. Water Code Sec. 63.153. GENERAL AUTHORITY OF DISTRICT. A district may:

  62. Tex. Water Code Sec. 63.154. AUTHORITY TO GO ON LAND. The commission and the district engineer, together with all necessary teams, help, tools, instruments, implements, and machinery, may go on any land inside the district to examine the land and make plans, surveys, maps, and profiles without subjecting themselves to action for trespass.

  63. Tex. Water Code Sec. 63.155. ACQUISITION OF PROPERTY AND RIGHT-OF-WAY. The commission may acquire by gift, purchase, or condemnation proceedings the necessary right-of-way and property of any kind necessary for improvements contemplated by this chapter.

  64. Tex. Water Code Sec. 63.156. EMINENT DOMAIN.

  65. Tex. Water Code Sec. 63.157. AUTHORITY OVER IMPROVEMENTS. A district may acquire, purchase, take over, construct, maintain, operate, develop, and regulate wharves, docks, warehouses, grain elevators, bunkering facilities, belt railroads, floating plants, literage, lands, towing facilities, and all other facilities or aids incident to or necessary to the operation or development of ports or waterways inside the district extending to the Gulf of Mexico.

  66. Tex. Water Code Sec. 63.158. OBTAINING CONSENT OF UNITED STATES. If a river, creek, bay, stream, canal, or waterway which is to be improved is navigable or if the improvements are of a type which require the permission or consent of the United States, the commission may obtain the permission or consent of the United States.

  67. Tex. Water Code Sec. 63.159. COOPERATION WITH THE UNITED STATES.

  68. Tex. Water Code Sec. 63.160. DUTIES OF ENGINEER. The engineer shall:

  69. Tex. Water Code Sec. 63.161. UNITED STATES PERFORMING DUTIES OF ENGINEER. Instead of or in addition to employing an engineer, the commission may adopt any survey of a river, creek, canal, stream, bay, or waterway previously made by the United States and may arrange for surveys, examinations, and investigations of proposed improvements and for supervision of the work of improvement by the United States.

  70. Tex. Water Code Sec. 63.162. DISTRICT ORDER FOR IMPROVEMENTS. If the commission considers it in the best interest for the district to exercise the powers granted by Section 63.153 of this code or if the commission finds that additional improvements to those originally planned or constructed are necessary for navigation of or in aid of navigation of any river, creek, stream, bay, canal, or waterway, the commission shall make this finding in an order entered in the minutes and shall direct the engineer to make an estimate showing the character and cost of the improvements.

  71. Tex. Water Code Sec. 63.163. NOTICE OF HEARING.

  72. Tex. Water Code Sec. 63.164. HEARING ON IMPROVEMENTS.

  73. Tex. Water Code Sec. 63.165. FINDINGS.

  74. Tex. Water Code Sec. 63.166. BOND ELECTION.

  75. Tex. Water Code Sec. 63.167. FORM OF BONDS.

  76. Tex. Water Code Sec. 63.168. BIDS FOR CONTRACT.

  77. Tex. Water Code Sec. 63.169. NOTICE OF BIDS.

  78. Tex. Water Code Sec. 63.170. APPLICATION OF CERTAIN SECTIONS. The provisions of Sections 63.168-63.169 of this code do not apply to:

  79. Tex. Water Code Sec. 63.171. PROCEDURE FOR BIDS.

  80. Tex. Water Code Sec. 63.172. FORMAL REQUIREMENTS OF CONTRACT. A contract entered into by the district shall be in writing and signed by the contractors and the commissioners, any two of the commissioners, the executive director of the district, or an authorized representative of the executive director.

  81. Tex. Water Code Sec. 63.173. CONTRACTOR'S BOND. The contractor shall execute an adequate bond payable to the commission in the amount of the contract price, conditioned that he will faithfully perform the obligations, agreements, and covenants of the contract and that if he defaults he will pay the district all damages sustained by reason of the default. The bond shall be approved by the commission.

  82. Tex. Water Code Sec. 63.174. INTEREST IN CONTRACT. The members of the board and the engineer may not be directly or indirectly interested for themselves or as agents in a contract for the construction of a work to be performed by the district.

  83. Tex. Water Code Sec. 63.175. SUPERVISION OF WORK.

  84. Tex. Water Code Sec. 63.176. PAYMENT FOR WORK.

  85. Tex. Water Code Sec. 63.177. COMMISSION REPORT.

  86. Tex. Water Code Sec. 63.178. FRANCHISES.

  87. Tex. Water Code Sec. 63.179. ADJACENT LAND.

  88. Tex. Water Code Sec. 63.180. ISSUANCE OF WRITS. A writ of mandamus shall issue from a court of competent jurisdiction to compel the commission to apply revenue in accordance with the terms of a contract with the United States, and an injunction may be issued to restrain the commission from violating the provisions of a contract with the United States.

  89. Tex. Water Code Sec. 63.181. PEACE OFFICERS. The district may appoint peace officers to protect life and property in the district and the property of the district. The officers shall have the same rights, powers, and authority as policemen of a city or town.

  90. Tex. Water Code Sec. 63.182. EFFECT ON POLICE POWERS. The provisions of this chapter shall not affect or repeal the police powers of any municipality inside the district or any law, ordinance, or regulation which authorizes the municipality to exercise police power over any navigable stream, aid to navigation, or facility for navigation in the district.

  91. Tex. Water Code Sec. 63.183. OTHER LAWS GOVERNING DISTRICT. The commission has the same rights, powers, and duties provided for commissioners in Chapter 62, Transportation Code.

  92. Tex. Water Code Sec. 63.221. CONSTRUCTION AND MAINTENANCE FUND.

  93. Tex. Water Code Sec. 63.222. DISTRICT DEPOSITORY. The district depository shall be designated as provided by Section 60.271, and the district's funds shall be deposited in the depository.

  94. Tex. Water Code Sec. 63.224. ACCOUNTS AND RECORDS; AUDIT.

  95. Tex. Water Code Sec. 63.225. DEPOSIT.

  96. Tex. Water Code Sec. 63.226. DEBT.

  97. Tex. Water Code Sec. 63.227. RETIRING DEBT. Debentures, notes, or other evidences of debt may be retired by rents, tolls, fees, or charges other than taxes. The debt also may be retired by assessments against taxable property in the district which is equitably distributed on the basis of benefits derived by the property from district improvements.

  98. Tex. Water Code Sec. 63.228. BORROWING MONEY.

  99. Tex. Water Code Sec. 63.251. LEVY OF TAX. After bonds have been voted, the commission shall levy a tax on all taxable property in the district sufficient to pay principal of and interest on the bonds and shall annually levy and have assessed and collected on the taxable property of the district an amount sufficient to pay for the expense of assessing and collecting the taxes.

  100. Tex. Water Code Sec. 63.252. FORM OF BONDS.

  101. Tex. Water Code Sec. 63.253. APPROVAL OF BONDS BY ATTORNEY GENERAL.

  102. Tex. Water Code Sec. 63.254. REGISTRATION OF BONDS. After the bonds are examined and certified by the attorney general, they shall be registered by the comptroller in a book kept for that purpose, and the certificate of the attorney general shall be preserved in the record to be used in the event of litigation.

  103. Tex. Water Code Sec. 63.255. VALIDITY OF BONDS.

  104. Tex. Water Code Sec. 63.256. SALE OF BONDS.

  105. Tex. Water Code Sec. 63.257. BOND RECORD.

  106. Tex. Water Code Sec. 63.281. BOND TAX.

  107. Tex. Water Code Sec. 63.282. MAINTENANCE AND OPERATION TAX.

  108. Tex. Water Code Sec. 63.283. FUNDS FROM SOURCES OTHER THAN TAXES. The district may pay interest on and principal of the bonds and pay the costs of maintenance, operation, and upkeep with revenue from tolls, rents, fees, or charges other than taxation or with assessments made on the property in the district on the basis of benefit derived.

  109. Tex. Water Code Sec. 63.285. DUTY OF ASSESSOR AND COLLECTOR. The assessor and collector shall assess and collect taxes for the district.

  110. Tex. Water Code Sec. 63.321. ASSESSMENTS TO RETIRE DEBT. Assessments which are equitably distributed against property in the district may be used to pay the cost of making improvements and to pay principal of and interest on bonds, notes, debentures, or other evidences of debt issued by the district for improvements.

  111. Tex. Water Code Sec. 63.322. ORDER TO RETIRE DEBT BY ASSESSMENTS. If the commission decides to retire bonds and other evidences of debt by equitably distributed assessments against the property in the district, it shall enter an order with its findings in the minutes of its proceedings.

  112. Tex. Water Code Sec. 63.323. NOTICE OF THE ORDER AND HEARING.

  113. Tex. Water Code Sec. 63.324. HEARING PROCEDURE.

  114. Tex. Water Code Sec. 63.325. FINDINGS. The commission shall enter its findings after the hearing, and if it finds against the proposition of assessments, no further action shall be taken in the matter.

  115. Tex. Water Code Sec. 63.326. TAX ROLL.

  116. Tex. Water Code Sec. 63.327. BOARD OF EQUALIZATION.

  117. Tex. Water Code Sec. 63.328. NOTICE OF HEARING BY BOARD OF EQUALIZATION. Notice of the hearing by the board of equalization shall be published once a week for three consecutive weeks in a newspaper published in the district or, if no newspaper is published in the district, in the newspaper published nearest to the district.

  118. Tex. Water Code Sec. 63.329. HEARING BY BOARD OF EQUALIZATION. The owners of property shall have an opportunity to present evidence in hearings before the board of equalization. All interested persons shall have an opportunity to appear and present evidence as to the benefits or lack of benefits to property in which they are interested.

  119. Tex. Water Code Sec. 63.330. FINDINGS OF BOARD OF EQUALIZATION. After all hearings are completed, the board of equalization shall report its findings to the commission for acceptance or disapproval.

  120. Tex. Water Code Sec. 63.331. DISAPPROVAL OF FINDINGS. If the commission refuses to approve the tax rolls, it shall hold hearings on all items not approved in the manner provided for the board of equalization.

  121. Tex. Water Code Sec. 63.332. EFFECT OF APPROVAL OF FINDINGS. The approval of the findings of the board of equalization and the tax rolls as finally fixed shall be conclusive except in cases of fraud or the failure to equitably distribute the assessments.

  122. Tex. Water Code Sec. 63.333. PERSONAL OBLIGATION; LIEN. An assessment is a personal obligation of the property owner against whom the assessment is made, and the district has a lien against the assessed taxable property.

  123. Tex. Water Code Sec. 63.334. ASSESSMENT FUND.

  124. Tex. Water Code Sec. 63.335. ERRORS IN ASSESSMENTS.

  125. Tex. Water Code Sec. 63.336. REASSESSMENT.

  126. Tex. Water Code Sec. 63.337. SUIT TO SET ASIDE OR CORRECT ASSESSMENT.

  127. Tex. Water Code Sec. 63.338. DELINQUENT ASSESSMENTS.

  128. Tex. Water Code Sec. 63.339. SUIT FOR COLLECTION.

  129. Tex. Water Code Sec. 63.340. SALE OF PROPERTY TO SATISFY JUDGMENT. The district may purchase any property at a sale to satisfy a judgment in favor of the district on a delinquent assessment or reassessment, if the district is the best bidder.

  130. Tex. Water Code Sec. 63.341. RULES AND REGULATIONS. The commission may adopt any necessary rules, regulations, and orders, which are not inconsistent with the provisions of this chapter, for the purpose of carrying out the provisions of the chapter relating to assessments, reassessments, and the collection of assessments.

  131. Tex. Water Code Sec. 63.371. ANNEXATION AUTHORITY. A district created under this chapter or converted from a district created under Article III, Section 52 of the Texas Constitution, into a conservation and reclamation district under Article XVI, Section 59 of the Texas Constitution, may extend its boundaries and annex adjacent territory.

  132. Tex. Water Code Sec. 63.372. PETITION. Before territory is annexed to the district, a petition signed by 50 or a majority of the electors residing in the adjacent territory proposed to be annexed shall be presented to the commission requesting an election in the adjacent territory to determine whether or not the territory will be annexed and whether or not it will assume its pro rata part of the outstanding bonded debt of the district.

  133. Tex. Water Code Sec. 63.373. SCHEDULING PETITION FOR HEARING; NOTICE.

  134. Tex. Water Code Sec. 63.374. HEARING. The commission shall hold the hearing on the subject of annexation of adjacent territory by the district, and any person who has taxable property in the territory proposed to be annexed may appear in person or by counsel and offer testimony or argument for or against the inclusion of all or any part of the land proposed to be annexed.

  135. Tex. Water Code Sec. 63.375. ELECTION ORDER. If after the hearing the commission finds that inclusion of the territory proposed to be annexed would be a direct benefit to all the land in that territory, the commission shall order an election to be held in the territory proposed to be annexed.

  136. Tex. Water Code Sec. 63.376. NOTICE OF ELECTION.

  137. Tex. Water Code Sec. 63.377. BALLOTS. The ballots for the election shall be printed to allow for voting for or against: "Annexation to the navigation district" and "Assumption of a pro rata part of the bonded debt of the navigation district."

  138. Tex. Water Code Sec. 63.378. ELECTION OFFICIALS. The commission shall appoint one judge and two clerks for each election box or place to hold the election. The judge and clerks shall be electors in the territory proposed to be annexed and shall reside near the place for holding the election.

  139. Tex. Water Code Sec. 63.379. CANVASS OF VOTE; ENTRY OF ORDER.

Chapter 65

  1. Tex. Water Code Sec. 65.001. DEFINITIONS. In this chapter:

  2. Tex. Water Code Sec. 65.011. CREATION OF DISTRICT. A special utility district may be created under and subject to the authority, conditions, and restrictions of, and is considered a conservation and reclamation district under Article XVI, Section 59, of the Texas Constitution.

  3. Tex. Water Code Sec. 65.012. PURPOSES OF DISTRICT. A district may be created:

  4. Tex. Water Code Sec. 65.013. COMPOSITION OF DISTRICT.

  5. Tex. Water Code Sec. 65.014. CERTIFIED RESOLUTION SEEKING CREATION OF DISTRICT.

  6. Tex. Water Code Sec. 65.015. CONTENTS OF RESOLUTION. In addition to the requirements stated in Section 65.014, the resolution shall:

  7. Tex. Water Code Sec. 65.016. CONSENT OF CITY. A district may operate within the corporate limits of a city or within the extraterritorial jurisdiction of a city, provided that a city may require that the district construct all facilities to serve the land in accordance with plans and specifications that are approved by the city. The city may also require that the city be entitled to inspect facilities being constructed by a district within the corporate limits or extraterritorial jurisdiction of the city.

  8. Tex. Water Code Sec. 65.018. NOTICE AND HEARING ON DISTRICT CREATION. If a resolution is filed under Section 65.014, the commission shall give notice of an application as required by Section 49.011 and may conduct a hearing on the application if the commission determines that a hearing is necessary under Section 49.011.

  9. Tex. Water Code Sec. 65.020. HEARING.

  10. Tex. Water Code Sec. 65.021. GRANTING OR REFUSING CREATION OF DISTRICT.

  11. Tex. Water Code Sec. 65.022. TEMPORARY DIRECTORS. If the commission authorizes the creation of the district, it shall appoint those persons whose names are listed in the resolution filed with the commission by the water supply or sewer service corporation to serve as temporary directors until initial directors are elected as provided by this subchapter.

  12. Tex. Water Code Sec. 65.023. APPEAL FROM ORDER OF COMMISSION. A city or a person who appeared in person or by attorney and offered testimony for or against the creation of the district, may appeal from the order of the commission authorizing or refusing the creation of the district. The appeal must be made within 30 days after the entry of the order.

  13. Tex. Water Code Sec. 65.101. BOARD OF DIRECTORS. A district is governed by a board of not less than five and not more than 11 directors.

  14. Tex. Water Code Sec. 65.102. QUALIFICATIONS FOR DIRECTORS. To be qualified to serve as a director, a person must be:

  15. Tex. Water Code Sec. 65.103. ELECTION OF DIRECTORS; TERMS OF OFFICE.

  16. Tex. Water Code Sec. 65.201. POWERS.

  17. Tex. Water Code Sec. 65.203. SOLID WASTE. A district may collect solid waste and may purchase, construct, acquire, own, operate, maintain, repair, improve, and extend a solid waste collection and disposal system inside and outside the district and may make proper charges for its facilities or services provided by the system.

  18. Tex. Water Code Sec. 65.205. ADOPTING RULES. A district may adopt and enforce reasonable rules to:

  19. Tex. Water Code Sec. 65.206. EFFECT OF RULES. After the required publication, rules adopted by the district under Section 65.205 of this code shall be recognized by the courts as if they were penal ordinances of a city.

  20. Tex. Water Code Sec. 65.207. PUBLICATION OF RULES.

  21. Tex. Water Code Sec. 65.208. EFFECTIVE DATE OF RULES. The penalty for violation of a rule is not effective and enforceable until five days after the last publication of the notice. Five days after the last publication, the published rule takes effect and ignorance of the rule is not a defense to a prosecution for the enforcement of the penalty.

  22. Tex. Water Code Sec. 65.235. PROHIBITION ON ASSESSMENT OR COLLECTION OF TAXES. Section 49.107 does not apply to a district created under this chapter.

  23. Tex. Water Code Sec. 65.501. ISSUANCE OF BONDS AND NOTES. The district may issue its bonds or notes for the purpose of purchasing, constructing, acquiring, owning, operating, repairing, improving, or extending any district works, improvements, facilities, plants, equipment, and appliances needed to accomplish the purposes listed in Section 65.012 of this code, including works, improvements, facilities, plants, equipment, and appliances needed to provide a waterworks system, sanitary sewer system, storm sewer system, solid waste disposal system, or to provide for solid waste collection or fire-fighting services and facilities.

  24. Tex. Water Code Sec. 65.502. FORM OF BONDS AND NOTES.

  25. Tex. Water Code Sec. 65.503. MANNER OF REPAYMENT OF BONDS OR NOTES. The board may provide for the payment of principal of and interest and redemption price, if any, on the bonds or notes by pledging all or any part of the designated revenues to result from the ownership or operation of the district's works, improvements, facilities, plants, equipment, and appliances or under specific contracts for the period of time the board determines.

  26. Tex. Water Code Sec. 65.504. ADDITIONAL SECURITY FOR BONDS OR NOTES.

  27. Tex. Water Code Sec. 65.505. METHOD FOR ISSUANCE OF BONDS AND NOTES. Bonds or notes may be issued by resolution or order of the board.

  28. Tex. Water Code Sec. 65.506. PROVISIONS OF BONDS OR NOTES.

  29. Tex. Water Code Sec. 65.507. USE OF BOND OR NOTE PROCEEDS. The district may use bond or note proceeds to pay interest, administrative, and operating expenses expected to accrue during the period of construction. The period of construction under this section may not exceed three years as provided by the bond order or resolution. The district also may use bond or note proceeds to pay expenses incurred and to be incurred in the issuance, sale, and delivery of the bonds or notes.

  30. Tex. Water Code Sec. 65.508. SALE OR EXCHANGE OF BONDS.

  31. Tex. Water Code Sec. 65.510. REFUNDING BONDS.

  32. Tex. Water Code Sec. 65.511. OBLIGATIONS; LEGAL INVESTMENT; SECURITY FOR FUNDS.

  33. Tex. Water Code Sec. 65.513. MANDAMUS BY BONDHOLDERS. In addition to other rights and remedies provided by the law of this state, if a district defaults in the payment of principal of, interest on, or redemption price on its bonds when due, or if the district fails to make payments into any fund created in the order or resolution authorizing the issuance of the bonds, or defaults in the observation or performance of any other covenants, conditions, or obligations stated in the resolution or order authorizing the issuance of its bonds, the owners of any of the bonds are entitled to a writ of mandamus issued by a court of competent jurisdiction compelling the district and its officials to observe and perform the covenants, the obligations, or conditions prescribed in the order or resolution authorizing the issuance of the district's bonds.

  34. Tex. Water Code Sec. 65.515. CANCELLATION OF UNSOLD BONDS.

  35. Tex. Water Code Sec. 65.723. CONSOLIDATION OF DISTRICTS. Two or more districts governed by this chapter may consolidate into one district as provided by this subchapter.

  36. Tex. Water Code Sec. 65.724. ELECTIONS TO APPROVE CONSOLIDATION.

  37. Tex. Water Code Sec. 65.725. GOVERNING CONSOLIDATED DISTRICTS.

  38. Tex. Water Code Sec. 65.726. DEBTS OF ORIGINAL DISTRICTS. After two or more districts are consolidated, the debts of the original districts shall be protected and may not be impaired.

  39. Tex. Water Code Sec. 65.727. DISSOLUTION OF DISTRICT PRIOR TO ISSUANCE OF BONDS.

  40. Tex. Water Code Sec. 65.728. NOTICE OF HEARING. The board shall post notice of the hearing on the bulletin board at the courthouse door of each county in which the district is located and at three or more other public places within the boundaries of the district and shall publish notice of the hearing two times in a newspaper with general circulation in the district. The notice must be posted and published at least one time no later than the 14th day before the date set for the hearing on the proposed dissolution of the district.

  41. Tex. Water Code Sec. 65.729. HEARING. The board shall hear all interested persons and shall consider their evidence at the time and place stated in the notice.

  42. Tex. Water Code Sec. 65.730. BOARD'S ORDER TO DISSOLVE DISTRICT. If the board unanimously determines from the evidence that the best interests of the persons and property in the district will be served by dissolving the district, the board shall enter the appropriate findings and order in its records dissolving the district. Otherwise the board shall enter its order providing that the district has not been dissolved.

  43. Tex. Water Code Sec. 65.731. JUDICIAL REVIEW OF BOARD'S ORDER. The board's decree to dissolve the district may be appealed in the manner provided by Sections 65.708-65.710 of this code for the review of an order excluding land from the district.

Chapter 66

  1. Tex. Water Code Sec. 66.001. DEFINITIONS. In this chapter:

  2. Tex. Water Code Sec. 66.011. CREATION. A stormwater control district may be created pursuant to Article XVI, Section 59, of the Texas Constitution, as provided by this subchapter.

  3. Tex. Water Code Sec. 66.012. PURPOSE OF DISTRICT. A district may be created to control stormwater and floodwater and to control and abate harmful excesses of water for the purpose of preventing area and downstream flooding in all or part of a watershed.

  4. Tex. Water Code Sec. 66.013. COMPOSITION OF DISTRICT. A district may be composed of contiguous or noncontiguous areas within all or part of the watershed of a river, stream, creek, or bayou.

  5. Tex. Water Code Sec. 66.014. PETITION.

  6. Tex. Water Code Sec. 66.015. CONTENTS OF PETITION. The petition must include:

  7. Tex. Water Code Sec. 66.016. DISTRICT NAME.

  8. Tex. Water Code Sec. 66.018. NOTICE AND HEARING ON DISTRICT CREATION. If a petition is filed under Section 66.014, the commission shall give notice of an application as required by Section 49.011 and may conduct a hearing if the commission determines that a hearing is necessary under Section 49.011.

  9. Tex. Water Code Sec. 66.019. COMMISSION FINDINGS AND DECISION.

  10. Tex. Water Code Sec. 66.020. APPEAL OF COMMISSION ORDER. The order of the commission granting or denying a petition may be appealed as provided by Chapter 2001, Government Code.

  11. Tex. Water Code Sec. 66.021. TEMPORARY DIRECTORS.

  12. Tex. Water Code Sec. 66.101. BOARD OF DIRECTORS. A district shall be governed by a board of directors composed of five members, who are elected as provided in Chapter 49.

  13. Tex. Water Code Sec. 66.102. QUALIFICATION OF DIRECTORS. To serve as a director, a person must be at least 18 years old, a qualified voter, and a resident of the district.

  14. Tex. Water Code Sec. 66.118. RULES. After notice and hearing, the board shall adopt rules to carry out this chapter, including rules providing procedures for giving notice and holding hearings before the board.

  15. Tex. Water Code Sec. 66.201. GENERAL POWERS. The district may:

  16. Tex. Water Code Sec. 66.202. PLAN FOR FACILITIES.

  17. Tex. Water Code Sec. 66.216. TRANSFER OF LAND AND FACILITIES.

  18. Tex. Water Code Sec. 66.217. EFFECT OF TRANSFER.

  19. Tex. Water Code Sec. 66.218. TRANSFER IN PORTIONS. This subchapter may not be construed as preventing the conveyance of a portion of the land and facilities proposed to be constructed by a district if the district's facilities are constructed in stages.

  20. Tex. Water Code Sec. 66.303. ANNUAL BUDGET.

  21. Tex. Water Code Sec. 66.304. AMENDING BUDGET. After the annual budget is adopted, it may be amended on the board's approval.

  22. Tex. Water Code Sec. 66.310. ISSUANCE OF BONDS.

  23. Tex. Water Code Sec. 66.311. MANNER OF REPAYMENT OF BONDS. The board may provide for the payment of the principal of and interest on the bonds from the levy and collection of property taxes on all taxable property within the district.

  24. Tex. Water Code Sec. 66.313. FORM OF BONDS.

  25. Tex. Water Code Sec. 66.314. PROVISIONS OF BONDS.

  26. Tex. Water Code Sec. 66.315. APPROVAL BY ATTORNEY GENERAL; REGISTRATION BY COMPTROLLER.

  27. Tex. Water Code Sec. 66.316. REFUNDING BONDS. Refunding bonds may be issued for the purposes and in the manner provided by general law including Chapter 1207, Government Code.

  28. Tex. Water Code Sec. 66.317. BONDS AS INVESTMENTS. District bonds are legal and authorized investments for:

  29. Tex. Water Code Sec. 66.318. BONDS AS SECURITY FOR DEPOSITS. District bonds are eligible to secure deposits of public funds of the state and cities, counties, school districts, and other political subdivisions of the state. The bonds are lawful and sufficient security for deposits to the extent of their value when accompanied by all unmatured coupons.

  30. Tex. Water Code Sec. 66.319. MANDAMUS BY BONDHOLDERS. In addition to all other rights and remedies provided by law, if the district defaults in the payment of principal, interest, or redemption price on its bonds when due or if it fails to make payments into any fund or funds created in the orders or resolutions authorizing the issuance of the bonds or defaults in the observation or performance of any other covenants, conditions, or obligations set forth in the orders or resolutions authorizing the issuance of its bonds, the owners of any of the bonds are entitled to a writ of mandamus issued by a court of competent jurisdiction compelling and requiring the district and its officials to observe and perform the covenants, obligations, or conditions prescribed in the orders or resolutions authorizing the issuance of the district's bonds.

  31. Tex. Water Code Sec. 66.320. APPLICATION OF OTHER LAWS. Bonds of the district are considered public securities under Chapter 1201, Government Code.

  32. Tex. Water Code Sec. 66.321. TAX STATUS OF BONDS. Since a district created under this chapter is a public entity performing an essential public function, bonds issued by the district, any transaction relating to the bonds, and profits made in the sale of the bonds are free from taxation by the state or by any city, county, special district, or other political subdivision of the state.

  33. Tex. Water Code Sec. 66.322. LEVY OF TAXES. The board may annually levy taxes in the district to pay the principal of and interest on bonds issued by the district and the expense of assessing and collecting taxes.

  34. Tex. Water Code Sec. 66.324. BOARD AUTHORITY.

  35. Tex. Water Code Sec. 66.325. TAX RATE. In setting the tax rate, the board shall take into consideration the income of the district from sources other than taxation. On determination of the amount of tax required to be levied, the board shall make the levy and certify it to the tax assessor-collector.

  36. Tex. Water Code Sec. 66.326. TAX APPRAISAL, ASSESSMENT, AND COLLECTION.

  37. Tex. Water Code Sec. 66.401. PETITION FOR DISSOLUTION. After a district has completed all construction of facilities provided in the plan and conveyed those facilities to the designated counties and after all bonds and other indebtedness of the district are paid in full, the district shall submit to the commission a petition for dissolution accompanied by such evidence as the commission requires in its rules or by order to show that the plan prepared and adopted in accordance with Section 66.202 of this chapter has been carried out and all bonds and other indebtedness have been paid in full.

  38. Tex. Water Code Sec. 66.402. ORDER TO DISSOLVE DISTRICT.

  39. Tex. Water Code Sec. 66.403. DISTRIBUTION OF ASSETS.

  40. Tex. Water Code Sec. 66.404. EFFECT OF COMMISSION ORDER. On the issuance of the order of dissolution by the commission, the dissolved district ceases to exist as a governmental entity, and the board shall continue in existence only for the purpose of transferring district funds and disposing of district assets.

Chapter 67

  1. Tex. Water Code Sec. 67.001. DEFINITIONS. In this chapter:

  2. Tex. Water Code Sec. 67.002. PURPOSE OF CORPORATION. A corporation may be organized under this chapter to provide:

  3. Tex. Water Code Sec. 67.003. CREATION OF CORPORATION.

  4. Tex. Water Code Sec. 67.004. APPLICATION OF TEXAS NON-PROFIT CORPORATION ACT. To the extent it does not conflict with this chapter, the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) applies to a corporation created under:

  5. Tex. Water Code Sec. 67.005. DIRECTORS.

  6. Tex. Water Code Sec. 67.0051. QUALIFICATIONS FOR ELECTION OR APPOINTMENT AS DIRECTOR.

  7. Tex. Water Code Sec. 67.0052. BALLOT APPLICATION.

  8. Tex. Water Code Sec. 67.0053. BALLOT.

  9. Tex. Water Code Sec. 67.0054. ELECTION PROCEDURES.

  10. Tex. Water Code Sec. 67.0055. ELECTION OF UNOPPOSED CANDIDATE.

  11. Tex. Water Code Sec. 67.006. OFFICERS.

  12. Tex. Water Code Sec. 67.007. ANNUAL OR SPECIAL MEETING OF RETAIL CORPORATION.

  13. Tex. Water Code Sec. 67.0075. ANNUAL OR SPECIAL MEETING OF OTHER CORPORATION. A corporation to which Section 67.007 does not apply shall comply with the annual meeting and director election provisions prescribed by Chapter 22, Business Organizations Code.

  14. Tex. Water Code Sec. 67.008. DISTRIBUTION OF PROFITS.

  15. Tex. Water Code Sec. 67.009. FACILITIES. A corporation may construct, acquire, lease, improve, extend, or maintain a facility, plant, equipment, or appliance helpful or necessary to provide more adequate sewer service, flood control, or drainage for a political subdivision.

  16. Tex. Water Code Sec. 67.010. POWER TO CONTRACT WITH OTHER ENTITIES.

  17. Tex. Water Code Sec. 67.0105. WATER FOR FIRE SUPPRESSION.

  18. Tex. Water Code Sec. 67.011. ADDITIONAL POWERS OF CORPORATION. In addition to other powers granted by this chapter, a corporation may:

  19. Tex. Water Code Sec. 67.0115. ELECTRIC GENERATION.

  20. Tex. Water Code Sec. 67.012. USE OF MANAGER. The board may employ a manager to handle the business of the corporation under the direction of the board. The board shall set the salary for the manager.

  21. Tex. Water Code Sec. 67.013. USE OF COUNSEL. The board may employ and compensate counsel to represent the corporation as the board determines is necessary.

  22. Tex. Water Code Sec. 67.014. DEPOSITORY FOR FUNDS; PERMITTED INVESTMENTS.

  23. Tex. Water Code Sec. 67.015. EXEMPTION FROM SECURITIES ACT. The Securities Act (Title 12, Government Code) does not apply to:

  24. Tex. Water Code Sec. 67.016. TRANSFER OR CANCELLATION OF STOCK, MEMBERSHIP, OR OTHER RIGHT OF PARTICIPATION.

  25. Tex. Water Code Sec. 67.017. VOLUNTARY CONTRIBUTIONS ON BEHALF OF EMERGENCY SERVICES.

Chapter 68

  1. Tex. Water Code Sec. 68.001. DEFINITIONS. In this chapter:

  2. Tex. Water Code Sec. 68.002. NATURE OF DISTRICT; PURPOSE. A district is a special district and political subdivision of this state. A district is created under Section 59, Article XVI, Texas Constitution, and is essential to accomplish the purposes of that section and Sections 52 and 52-a, Article III, Texas Constitution.

  3. Tex. Water Code Sec. 68.003. PUBLIC PURPOSE OF SECURITY PROJECTS. A security project is owned, used, and held for public purposes by the district.

  4. Tex. Water Code Sec. 68.004. LIBERAL CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter.

  5. Tex. Water Code Sec. 68.005. GENERAL WATER DISTRICT LAW NOT APPLICABLE. Chapter 49 does not apply to a district.

  6. Tex. Water Code Sec. 68.051. APPLICABILITY TO FACILITIES.

  7. Tex. Water Code Sec. 68.052. DESIGNEES FOR FACILITY OWNERS. A facility's owner may designate a person:

  8. Tex. Water Code Sec. 68.053. USE OF CERTAIN DEPARTMENT OF TRANSPORTATION PROPERTY FOR SHIP CHANNEL SECURITY.

  9. Tex. Water Code Sec. 68.101. DISTRICT CREATION BY CERTAIN POPULOUS COUNTIES WITH SHIP CHANNELS. A district may be created only by the commissioners court of a county with a population of 3.3 million or more that has a ship channel in the county.

  10. Tex. Water Code Sec. 68.102. PETITION FOR CREATION. A district may be created only if the commissioners court of the county in which the district is proposed to be created receives a petition requesting the district's creation. The petition must be signed by:

  11. Tex. Water Code Sec. 68.103. CONTENTS OF PETITION; DISTRICT TERRITORY. The petition must:

  12. Tex. Water Code Sec. 68.104. NOTICE OF HEARING; CONTENTS OF NOTICE.

  13. Tex. Water Code Sec. 68.105. HEARING. At the hearing, any interested person may appear in person or by attorney, present evidence, and offer testimony for or against the creation of the proposed district.

  14. Tex. Water Code Sec. 68.106. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. After the hearing, the commissioners court shall consider whether to create the proposed district. The commissioners court must make the following findings before approving a petition requesting creation of a district:

  15. Tex. Water Code Sec. 68.107. ORDER CREATING DISTRICT; CHANGES.

  16. Tex. Water Code Sec. 68.151. GOVERNING BODY; COMPOSITION. A district is governed by a board of at least 10 but not more than 13 directors, appointed or serving as follows:

  17. Tex. Water Code Sec. 68.152. SECURITY ZONE DIRECTORS.

  18. Tex. Water Code Sec. 68.153. AT-LARGE DIRECTOR. The director appointed by the commissioners court for the district at large may be:

  19. Tex. Water Code Sec. 68.154. MUNICIPAL DIRECTOR.

  20. Tex. Water Code Sec. 68.155. PORT AUTHORITY; EX OFFICIO DIRECTOR.

  21. Tex. Water Code Sec. 68.156. TERMS; INITIAL DIRECTORS.

  22. Tex. Water Code Sec. 68.157. VACANCY. A vacancy in the board is filled by the remaining directors by appointing a person who meets the qualifications for the position, who shall serve for the unexpired term.

  23. Tex. Water Code Sec. 68.158. QUORUM. For purposes of determining whether a quorum of the board is present, a vacant board position is not counted.

  24. Tex. Water Code Sec. 68.159. OFFICERS. The board shall elect from its directors a presiding officer, a secretary, and any other officers the board considers necessary or appropriate.

  25. Tex. Water Code Sec. 68.160. COMPENSATION. A director is not entitled to compensation for service on the board, but is entitled to reimbursement for necessary and reasonable expenses incurred in carrying out the duties of a director.

  26. Tex. Water Code Sec. 68.161. MEETINGS.

  27. Tex. Water Code Sec. 68.162. REMOVAL. The board may remove an appointed director for misconduct or failure to carry out the director's duties on receiving a written petition signed by a majority of the remaining directors.

  28. Tex. Water Code Sec. 68.201. GENERAL POWERS OF DISTRICT.

  29. Tex. Water Code Sec. 68.202. APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW. Except as provided by this chapter, a district has the powers of a district created under Chapter 375, Local Government Code.

  30. Tex. Water Code Sec. 68.203. RULES. The district may adopt rules to govern the operation of the district.

  31. Tex. Water Code Sec. 68.204. NAME CHANGE. A board by resolution may change a district's name.

  32. Tex. Water Code Sec. 68.205. CONTRACTS; GENERALLY. A district may contract with any person for any district purpose.

  33. Tex. Water Code Sec. 68.206. SECURITY PROJECTS AND SERVICES.

  34. Tex. Water Code Sec. 68.207. CONTRACTS FOR SECURITY PROJECTS OR SERVICES.

  35. Tex. Water Code Sec. 68.208. CONTRACTS FOR JOINT USE OF SECURITY PROJECT. A district may contract with any person, public or private, for the joint use of a security project.

  36. Tex. Water Code Sec. 68.209. CONTRACTS WITH DISTRICT BY GOVERNMENTAL ENTITY. This state, a municipality, a county, another political subdivision of this state, or any other person, without further authorization, may contract with the district to accomplish any district purpose.

  37. Tex. Water Code Sec. 68.210. PROPERTY POWERS; GENERALLY. A district may acquire by grant, purchase, gift, devise, lease, or otherwise, and may hold, use, sell, lease, or dispose of any property, and licenses, patents, rights, and interests necessary, convenient, or useful for the full exercise of any of its powers under this chapter.

  38. Tex. Water Code Sec. 68.211. SUITS. A district may sue and be sued.

  39. Tex. Water Code Sec. 68.212. NO EMINENT DOMAIN POWER. A district may not exercise the power of eminent domain.

  40. Tex. Water Code Sec. 68.251. GRANTS; LOANS. A district may apply for and accept a grant or loan from any person, including:

  41. Tex. Water Code Sec. 68.252. PAYMENT OF EXPENSES. A district may provide for payment of all expenses incurred in its establishment, administration, and operation.

  42. Tex. Water Code Sec. 68.253. TAXES PROHIBITED. A district may not impose any tax, including a property tax or a sales and use tax.

  43. Tex. Water Code Sec. 68.254. BONDS PROHIBITED. A district may not issue bonds.

  44. Tex. Water Code Sec. 68.255. QUARTERLY FINANCIAL REPORT BY COMMISSIONERS COURT. The commissioners court shall provide a quarterly financial report to the board. The report must comply with generally accepted accounting principles and list all federal money received by the county and all outstanding obligations by the county to fund the district and its functions.

  45. Tex. Water Code Sec. 68.256. QUARTERLY GENERAL ACCOUNTING BY BOARD. The board shall prepare a quarterly accounting of the district's general operating and maintenance costs. The accounting must comply with generally accepted accounting principles.

  46. Tex. Water Code Sec. 68.301. AUTHORITY TO IMPOSE ASSESSMENT; HEARING REQUIRED.

  47. Tex. Water Code Sec. 68.302. PROPOSED ASSESSMENTS. A security project or security service may be financed under this chapter after a hearing notice given as required by this subchapter and a public hearing by the board on the advisability of:

  48. Tex. Water Code Sec. 68.303. NOTICE OF HEARING.

  49. Tex. Water Code Sec. 68.304. CONDUCTING HEARING; FINDINGS.

  50. Tex. Water Code Sec. 68.305. FACILITIES TO BE ASSESSED.

  51. Tex. Water Code Sec. 68.306. ASSESSMENT RATE CHANGE. After notice and a hearing, the board by majority vote may increase or decrease the rate of assessment. The board must provide notice of the hearing in the manner provided by Section 68.303.

  52. Tex. Water Code Sec. 68.307. OBJECTIONS; LEVY OF ASSESSMENT.

  53. Tex. Water Code Sec. 68.308. APPORTIONMENT OF ASSESSMENT. The board shall apportion the cost of a security project or security service to be assessed against a facility based on any reasonable assessment plan that results in imposing fair and equitable shares of the cost.

  54. Tex. Water Code Sec. 68.309. ASSESSMENT ROLL.

  55. Tex. Water Code Sec. 68.310. SUPPLEMENTAL ASSESSMENTS. After notice and hearing in the manner required for original assessments, the board may make supplemental assessments to correct omissions or mistakes in the assessment:

  56. Tex. Water Code Sec. 68.311. APPEAL.

  57. Tex. Water Code Sec. 68.312. APPEAL OF RESOLUTION.

  58. Tex. Water Code Sec. 68.313. FAILURE TO PAY ASSESSMENT; LIENS FOR ASSESSMENTS.

  59. Tex. Water Code Sec. 68.314. DELINQUENT ASSESSMENTS. A delinquent assessment incurs interest, penalties, and attorney's fees in the same manner as a delinquent ad valorem tax. The owner of a facility may pay at any time the entire assessment, with interest, penalties, and attorney's fees that have accrued on the assessment.

  60. Tex. Water Code Sec. 68.315. ASSESSMENT OF GOVERNMENTAL ENTITIES AND NONPROFITS.

  61. Tex. Water Code Sec. 68.351. DISSOLUTION OF DISTRICT FOR FAILURE TO IMPOSE AN ASSESSMENT. A district is dissolved if the district has not imposed an assessment before the fifth anniversary of the date of the order creating the district under Section 68.107. The county that created the district assumes any district debts or assets.

  62. Tex. Water Code Sec. 68.352. DISSOLUTION OF DISTRICT BY BOARD VOTE OR OWNER PETITION.

  63. Tex. Water Code Sec. 68.401. PETITION BY BOARD TO ADD TERRITORY AND FACILITIES.

  64. Tex. Water Code Sec. 68.402. HEARING AND ACTION ON BOARD'S PETITION TO ADD TERRITORY AND FACILITIES. The commissioners court:

  65. Tex. Water Code Sec. 68.403. PETITION BY FACILITY OWNER TO ADD TERRITORY AND FACILITIES.

  66. Tex. Water Code Sec. 68.404. ACTION ON FACILITY OWNER'S PETITION TO ADD TERRITORY AND FACILITIES. The commissioners court may grant the petition.

  67. Tex. Water Code Sec. 68.405. MODIFICATION OF ORDER. A commissioners court that adds territory under this subchapter shall modify the order that created the district under Section 68.107 to:

  68. Tex. Water Code Sec. 68.406. PETITION BY BOARD TO EXCLUDE TERRITORY AND FACILITIES.

  69. Tex. Water Code Sec. 68.407. HEARING AND ACTION ON BOARD'S PETITION TO EXCLUDE TERRITORY AND FACILITIES.